HomeMy WebLinkAboutMiscCITY OF RENTON
FINANCE DEPARTMENT
1055 S GRADY WAY
RENTON, WA 98057
12/14/2007
NOTICE OF LIEN FOR UTILITY SERVICE
CITY OF RENTON vs. COLDWELL HANKER COMMERCIAL
20080104001018.001
City of Renton
Planning Division
AUGIII 2 7 2009
NOTICE IS HEREBY GIVEN that the City of Renton, State of Washington, has and
claims a lien for utility charges against the following described premises situated in
King County, Washington. Said lien is claimed for delinquent utility charges and
penalties and is also claimed for future utility charges against said premises.
Prot)ertv AddressParcel Utilily_AccounLNp
176 HARDIE AV SW 1823059120 $443.20 031755-000
Pursuant to Renton Municipal Code, Title VIII, Chapter 1, 8-1-8, Chapter 2, 8-2-1,
Chapter 4, 8-4-12 and Chapter 5, 8-5-16, and Revised Code of Washington, Chapter
35, "Such charges and penalties shall be a lien against the herein above described real
properties,"
I, Linda Parks, Fiscal Services Director of the City of Renton Finance Department,
King County, Washington, hereby certify that the above referenced account is
delinquent in the stun stated.
Linda Parks
Fiscal Services Director
City of Renton
590116 Page 1 of I
Order No 45644T
Escrow No NCS45044-SAI-KR
RECORDING REQUESTED BY
FIRST AMERICAN TITLE COMPANY AND
WHEN RECORDED, RETURN TO
BP West Coast Products LLC
4 Centerpointe Drive, LPR 4-225
La Palma, Califomia 90623-1086
Attn Najoo Panthaky
ARCO Facility No 05238
Location 175 Rainier Avenue
City of Renton
Planning Division
AUG 2 7 700
RECOVEDD
2004 2190 02 fi
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FOR RECORDER'S USE
DECLARATION OF ENVIRONMENTAL RESTRICTION AND
OTHER ENVIRONMENTAL COVENANTS AND CONDITIONS
Tax Account Number 182305-9082-00
20040219000296.001
Abbreviated Legal Description Section 18, Township 23 North, Range 5 East SE Quarter NW
Quarter & Gvt Lot 4
This Declaration of Environmental Restriction and Other Environmental
Covenants and Conditions (this "Declaration") dated l x--bP— t y , 2004, is made
by O'FARRELL PROPERTIES LLC, a Washington limited liability company ("Owner"), for the
benefit of ATLANTIC RICHFIELD COMPANY, a Delaware corporation ("ARCO"), and BP
WEST COAST PRODUCTS LLC, a Delaware limited liability company ("BP")
V9
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IN
CITALS
20040219000286.002
A ARCO or ARCO's dealer operated an ARCO -branded gasoline station on the
real property in the County of King, State of Washington, described in the attached Exhibit "A"
(the "Real Estate")
B As of January 1, 2002, ARCO conveyed substantially all of its refining and
marketing assets, including the Real Estate, to SP BP Amenca Inc, a Delaware corporation,
owns both ARCO and BP
C In connection with the signing and recording of this Declaration, BP conveyed
the Real Estate to Owner
Estate
D By this Declaration, Owner intends to impose certain restrictions on the Real
AGREEMENT
THEREFORE, Owner agrees and declares as follows
BP's Access Riaht
1 1 t Ri ht After the date on which this Declaration is
recorded (the "Effective Date"), BP and BP's representatives will have the unrestricted right to
enter on the Real Estate in order to assess, monitor, and perform corrective action (which may
include natural attenuation) on any Pre -Closing Contamination, to the extent that the Agency
requires for commercial use (the "Corrective Action") The term "Pre -Closing Contamination"
means hydrocarbons, MTBE and other fuel additives, petroleum, and petroleum derivative
products released into the soil or groundwater during BP or ARCO gasoline station operations
conducted on the Real Estate by BP or ARCO and its subsidiaries before the Effective Date
The term "Agency' means the environmental regulatory agency that has jurisdiction over the
assessment and remediation of Pre -Closing Contamination, including without limitation the
Washington Department of Ecology BP shall give Owner prior oral or written notice of its
exercise of this nght to enter (the "Access Right") BP shall use its best efforts to give that
notice at least five business days before exercising the Access Right In exercising the Access
Right, BP shall attempt to minimize, to the extent reasonably possible, any interference with the
operation of the business on the Real Estate, except in the case of an emergency, as
determined by BP In conducting its operations on the Real Estate, Owner shall attempt to
minimize, to the extent reasonably possible, any interference with the Corrective Action BP will
have sole discretion to determine the Corrective Action schedule, technique, method, and
design, and BP may contest and appeal any decision of the Agency Owner shall cooperate
with BP in obtaining Agency approval for any Corrective Action The Access Right includes,
without limitation, the right to (i) perform sod and groundwater investigations, (it) install, operate,
monitor, maintain, repair, close, and remove equipment (including piping and wells) for the
Corrective Action, and (m) have service trucks on the Real Estate As part of any equipment
installation, BP may cut and remove portions of the asphalt and concrete But BP shall patch
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any asphalt and concrete that it removes with comparable asphalt and concrete BP will not be
required to pay any rent or other compensation to Owner for the Access Right or the portion of
the Real Estate occupied by the equipment used in performing the Corrective Action
12 Termination and Resumption of Access Rig ht The Access Right will
terminate 90 days after BP receives a letter issued by the Agency stating that, based on certain
assumptions and conditions, the Agency will not require BP to perform any further Corrective
Action regarding the Real Estate (the "No Further Action Letter") But if, after the Agency
issues the No Further Action Letter, the Agency requires BP to perform further Corrective
Action, the Access Right will resume until 90 days after BP receives a new No Further Action
Letter for the further Corrective Action But, in all events, the Access Right will terminate 25
years after the Effective Date
2 Owner's Notification Obligations For 25 years after the Effective Date, Owner
shall notify BP within 14 days after (i) any on-site visit by the Agency, (u) Owner's receipt of
correspondence from the Agency regarding any Corrective Action, (iii) any release of a
Hazardous Material on or about the Real Estate requiring regulatory notification, or (iv) any
activity on or about the Real Estate that impacts BP's rights under this Declaration or BP's
performance of any Contractual Obligation (as defined in Section 3), other than the activities
covered by Owner's notification obligation in Section 71 The term "Hazardous Material"
means any material, substance, or waste that has been determined by any governmental
authority to be capable of posing a risk of injury to health, safety, or property The term
"Hazardous Material" includes, without limitation, any Pre -Closing Contamination
3 Owner's Accentance of the Condition of the Real Estate Owner acknowledges
that Pre -Closing Contamination is present on, under, or near the Real Estate Owner has
accepted the Real Estate, including without limitation its environmental condition, in "AS IS"
condition on the Effective Date, subject to any other obligation that BP may have under the
Real Estate Sale Agreement (including the Corrective Action covenant in Section 121 and the
definition of "Baseline Data" in Section 12 2) or any other written agreement entered into
between Owner and BP before the Effective Date, to conduct any Corrective Action (a
"Contractual Obligation") In addition, when the Agency issues the No Further Action Letter,
Owner will be considered to have accepted the Real Estate in "AS IS" condition as of the date
of the No Further Action Letter. Owner acknowledges that the purchase price paid to BP for the
Real Estate reflects (i) the effect of this Declaration on the Real Estate and (n) any presence,
whether known or unknown, of Pre -Closing Contamination, subject to any right that Owner
might have to require BP to perform any Contractual Obligation.
4 Owner's Waiver of Environmental Claims Owner, for itself and its heirs,
successors, and assigns (including without limitation all future owners of the Real Estate),
waives any claim that it might have against ARCO, BP, or ARCO's or BP's officers, directors,
employees, parents, subsidiaries, divisions, members, or affiliates (collectively, the "BP
Entities") based on or related to the presence of any Hazardous Material on, under, or about the
Real Estate at the Effective Date including without limitation, any claim under the Washington
Model Toxics Control Act or any similar statute, whether discovered before or after the Effective
Date These claims include, without limitation, (i) claims that might anse after the Effective
Date and (u) claims that Owner did not know or suspect to exist when Owner signed this
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Declaration Until the Agency issues the No Further Action Letter, the warred claims will not
include any claims (a) arising from any material breach by BP of its Contractual Obligation, its
obligations under this Declaration, or the conditions to the Access Right or (b) asserted by a
Third Party regarding Pre -Closing Contamination "Third Parti' means any person other than
(i) Owner, (ii) future owners or occupants of the Real Estate, (ni) the respective officers,
directors, employees, partners, members, subsidiaries, divisions, and affiliates of the persons
described in clauses (i) and (ii) of this sentence, and (iv) the respective successors, heirs, and
assigns of the persons described in clauses (i) through (iii) of this sentence
6 Owner's EnviLonmental IndeM0lhrAQrL9M9Entities Owner shall
indemnify and defend the BP Entities from all liabilities, damages, losses, claims, costs, and
expenses (including reasonable attomeys' fees) that the indemnified person incurs arising from
the presence of any Hazardous Material on, under, or about the Real Estate, whether the
release of the Hazardous Material occurred before or after the Effective Date Until the Agency
issues the No Further Action Letter, the indemnified claims will not include any claims (a)
an sing from any material breach by BP of its Contractual Obligation, its obligations under this
Declaration, or the conditions to the Access Right or (b) asserted by a Third Party regarding
Pre -Closing Contamination
6 Baseline Data For purposes of this Declaration, only Contamination within the
Contamination concentration levels (the "Contamination Levels") and the Contamination areas
(the "Contamination Areas") compnsing the Baseline Data will be considered Pre -Closing
Contamination The term "Contamination" means hydrocarbons, MTBE and other fuel
additives, petroleum, and petroleum derivative products present in the soil or groundwater. The
term "Baseline Data" means the Contamination Levels and Contamination Areas disclosed in
the report entitled Underground Storage Tank Removal and Soil Over -excavation Report, dated
May 21, 2003, and prepared by Delta Environmental Consultants, Inc with respect to the Real
Estate, decreased to any lower Contamination Levels or smaller Contaminabon Areas disclosed
in any Qualified Report obtained by BP after the Effective Date The term "Qualified Report"
means a subsurface investigation report concerning the soil or groundwater at or under the
Real Estate that has been prepared and certified by a geologist or professional engineer who is
licensed by the state in which the Real Estate is located and who is not affiliated with ARCO,
BP, or Owner
71 Notice of Owner's Improvement Plans During any period in which the
Access Right is in effect (the "Access Period"), Owner shall provide BP with information
regarding Owner's plans for improving the Real Estate, to enable BP to assure that Owners
planned improvements will not interfere with the Access Right or adversely affect the Corrective
Action Additionally, during the Access Period, Owner must obtain BP's written approval (not to
be unreasonably withheld) before constructing any improvement or installing any equipment
that would be likely to interfere with the Access Right or adversely affect any Corrective Action
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MW :-4iMMIMPM
(a) Sod Excavation Defiintiar>s "Excavated Soil" means soil excavated at the
Real Estate "Soil Excavation" means, individually and collectively, the following activities.
(i) Excavating soil at the Real Estate, (n) backfilling soil at the Real Estate, (iii) transporting
Excavated Soil from the Real Estate, and (iv) disposing of Excavated Soil
(b) No BP Liability for Soil_Excavatiog,. _OMpr's Waiver and Indemnity
Applies to Sod Excavation BP will have no obligations regarding Soil Excavation occurring
after the Effective Date (including, without limitation, any obligation regarding any Hazardous
Material contained in the soil, whether or not the Hazardous Material constitutes Pre -Closing
Contamination) Owner acknowledges that the waiver in Section 4 and the indemnity and
defense obligations in Section 5 apply to all liabilities, damages, losses, claims, costs, and
expenses (including reasonable attorneys' fees) ansing from any Sod Excavation occurring after
the Effective Date, whether or not they anse from the presence of any Hazardous Matenal that
was released into the soil before the Effective Date Owner agrees that nothing in this
Section 7 2 limas the waiver in Section 4 or the indemnity and defense obligations in Section 5
73 Unde round Stowe -Tank and Petroleum Hydrocarbon Restn tions
Except as provided in Section 7 4, for a period of 25 years after the Effective Date, Owner shall
not (i) install any underground storage tank for petroleum hydrocarbons on or under any
Restricted Area or (n) otherwise store or treat petroleum hydrocarbons on or under any
Restricted Area
74 Certain P rmitte Wgrk The provisions of Section 7 3 will not be
considered to prohibit Owner from (i) performing any corrective action on soil or groundwater
under the Real Estate that is contaminated with a Hazardous Material, to the extent required by
the Agency, (ii) removing or replacing any underground gasoline storage tank or any gasoline
lines located under the Real Estate, or (iii) storing petroleum hydrocarbons in those replaced
underground gasoline storage tanks But Owner must perforin that work in compliance with all
applicable governmental requirements and perform, and pay for, the sampling, transportation,
and disposal of any sod or groundwater that the Agency may require as a result of those
activities described in Section 7 4(1) and (n)
75 Restriction Regarding water Extraction If the Agency requires a
restriction regarding the extraction of groundwater from the Real Estate as a condition to its
issuing the No Further Action Letter, Owner shall sign and have notarized the document (the
"Restrictive Groundwater Covenant") that the Agency requires to evidence that restriction But
Owner will not be obligated to sign the Restrictive Groundwater Covenant if it restricts anything
other than the extraction of groundwater from the Real Estate Owner's signing the Restrictive
Groundwater Covenant will have no impact whatsoever on (i) the obligations of BP, as the
successor in interest to Atlantic Richfield Company ("ARCO"), under the Indemnity Covenant
signed by ARCO on November 2, 1999 and recorded on December 6, 1999 in the Official
Records of King County, Washington as Instrument No 19991206001557, or (n) any other
rights at law or in equity that Owner may have related to the real property that Owner currently
owns and that is adjacent to, and to the north of, the Real Estate.
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8 Notices Notices relating to this Declaration must be in writing (except as set
forth in Section 1 1) and sent to the addresses set forth below But a party may change its
address for notices by giving notice as required by this Section 8 A wntten notice will be
considered given (i) when personally delivered, (u) two business days after deposit in the United
States Mall as first class mail, certified or registered, return receipt requested, with postage
prepaid, (iii) one business day after deposit with a reputable overnight delivery service for next
business day delivery, or (iv) on the business day of successful transmission by electronic
facsimile The parties' addresses for notices are as follows
To Owner O'Farrell Properties LLC
10868 Rainier Avenue
Seattle, Washington 98178
Attn Greg O'Farrell
Telephone, (206) 919-5400
Facsimile (253) 630-9709
To BP BP West Coast Products LLC
4 Centerpointe Drive, LPR 4-183
La Palma, California 90623-1066
Attn Manager, Western Environmental Services Team
Telephone (714) 670-5374
Facsimile (714) 6705195
Owner acknowledges that the above telephone number for BP may change without Owner
receiving notice of that change
9 Entire Agreement, Modification, Waiver This Declaration (including any
attached Exhibits) contains the entire agreement between Owner and BP with respect to any
restnctions on Owner's use and operation of the Real Estate and the other matters that are the
subject of this Declaration Any modification of this Declaration must be in writing and signed
by Owner and Bh Any waiver of a provision of this Declaration by Owner or BP must be in
writing
10 Governing Law The internal laws of the State of Washington govern this
Declaration Any litigation regarding this Declaration must be filed in King County, Washington
11 Interpretation The captions appearing in this Declaration are for convenience of
reference only, and they do not affect the meanings of the provisions of this Declaration In this
Declaration, each gender includes the other gender. Words in the singular include the plural
and vice versa, when appropriate The word "person" includes natural individuals and all other
entities The word "cost includes any cost or expense. The word "term" includes any
covenant, condition, representation, warranty, or other provision that is part of this Declaration
Whenever a provision of this Declaration requires Owner or BP to perform an act, that person
must do so at its sole cost (unless otherwise stated in connection with that provision)
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12 Further Acts Owner and BP shall each do all things that the other reasonably
requests to carry out the purpose of this Declaration.
13 Attomeys' Fees If a dispute arises with respect to this Declaration, then the
prevailing party will be entitled to recover from the other party the reasonable costs and
expenses that it incurred in enforcing its rights under this Declaration, including reasonable
attomeys' fees
14 RMnctians3uun with the Land ARCO's and BP's rights under this Declaration,
Owner's obligations under this Declaration, any restrictions on the use and operation of the
Real Estate, and any waivers by Owner under this Declaration (collectively, the "Rights and
Restrictions") are for the benefit of the BP Entities, and their successors and assigns The
Rights and Restrictions run with the Real Estate and bind Owners successors and assigns,
including future owners of the Real Estate, for the benefit of the 13P Entities, and their
successors and assigns The Rights and Restrictions are intended (i) to constitute equitable
servitudes that burden the Real Estate
OWNER
O'FARRELL PROPERTIES LLC,
a Washington limited liability company
BY -
Gregory S O'Farrell
Managing Member
STATE OF WASHINGTON )
County of9 }
On this day personally appeared before me %Q 5. o, --kV1r,Qj 1 to me
known to be the Managing Member of O'FARRELL PROPERT- S,, LLC, a Washington limited
liability company, the limited liability company described in and that executed the within and
foregoing instrument, and acknowledged said instrument to be the free and voluntary act and
deed of said limited liability company, for the uses and purposes therein mentioned, and on
oath stated that he was authorized to execute said instrument on behalf of said limited liability
GLjn& y1ond and official seal this //:PiA day of February, 2004
�+ r
r ' (printed name of notary]
aNOTARY PUBLIC in and fo the State
of Washington, residing at
IVA"SYNOP-1 -' My Commission Expires I.. /S.b�' _
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LEGAL DESCRIPTION OF THE REAL ESTATE
(See Exhibit "A" following this cover sheet)
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EXHIBMA'
LEGAL DESCRIPTION. -
20040219000286.009
That portion of the Southeast Quarter of the Northwest Quarter and of Government Lot 4 in Section 18, Township
23 North, Range 5 Fast, W M., In IGng County, Washington, described as follows:
Beginning at the point of Intersection of the Westerly margin of the D.C. Mitchel County Road with the Northerly
margin of the City of Seattle Cedar River pipe line right of way;
Thence North 2°18'49" East 200 02 feet;
Thence North 89°51'11" West parallel with said Northerly margin 2.77 feet to a point on the Westerly margin of
Rainier Avenue South (State Highway No. 5), said margin being a 5680.30 foot radius curve concave to the West,
a radial at said point bearing North 891128132" West, said point being the true point of beginning;
Thence continuing North 89051111" West 156.11 feet;
Thence North 6032'49" East 50.32 feet;
Thence North 89051'11" West 13.68 feet to a point 128.40 feet Easterly (as measured along a line parallel with
said Cedar River pipeline right of way) from the Easterly margin of 91st Avenue South (Rainier Boulevard) as
located in County Survey No. 1971/z, January 1909;
Thence North 6°32'49" East 157.14 feet to the Northwest comer of that tract of land conveyed by deed recorded
under Recording No 6469261;
Thence South 89052'13" East along the North line thereof 144.28 feet to said Westerly margin of Rainier Avenue
South (State Highway No. 5);
Thence Southerly along said Westerly margin an arc distance of 206.24 feet to the true point of beginning
CN
When Recorded Return To:
William F. Joyce
OGDEN MURPHY WALLACE, P.L.L.C.
1601 Fiflh Avenue, Suite 2100
Seattle, Washington 98101-1686
(206) 447-7000 — Fax (206) 447-0215
11111111111111111
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DOCUMENT TITLE; Indemnity Covenant
COVENANTOR: Atlantic Richfield Company, a Delaware corporation
COVENANTEES: Patricia J. Brandt and Nancy L. Bunker, as individuals
LEGAL DESCRIPTION: THAT PORTION OF THE SOUTHEAST QUARTER
OF THE NORTHWEST QUARTER, AND OF
GOVERNMENT LOT 4, SECTION 18, TOWNSHIP
23 NORTH, RANGE 5 EAST, WILLAMETTE
MERIDIAN, IN KING COUNTY, WASHINGTON.
(Additional Legal on page 6)
REFERENCE NUMBER: NIA
ASSESSOR'S PROPERTY TAX
PARCELIACCOUNT NUMBER: 182305-9011-06
INDEMNITY COVENANT
1. THE CONVENANTOR, ATLANTIC RICHFIELD COMPANY, a Delaware
corporation, on behalf of itself and its successors and assigns ("ARCO" or "Covenantor"),
in connection with the settlement of claims between Covenantor and PATRICIA J.
BRANDT and NANCY L. BUNKER, as individuals (collectively "Conven an tees"), hereby
declares and agrees, for the benefit of the real property described on Exhibit A attached
hereto and incorporated herein by this reference as though fully set forth herein and all
buildings and improvements thereon (the "Property"), that Covenantor shall:
Indemnify, defend, and hold harmless Covenantees, their heirs, executors,
grantees, successors, and assigns, including, without limitation, any person(s)
or entity(ies) who purchases or otherwise acquires ownership of all or any
portion of the Property, and any lender(s) for such person(s) or entity(ies)
(collectively "Indemnities"), from and against all losses, damages, liabilities,
obligations, costs, and expenses (including attorneys' fees) asserted by
regulatory agencies or third parties arising out of or relating to the
remediation, including all costs of cleanup work, excavation, drilling, sample
of soils and groundwater monitoring, of any hazardous substances,
compounds, or materials now or hereafter defined as a hazardous or dangerous
substance, hazardous waste, toxic substance, pollutant, or contaminant, under
any federal, state, or local law' regulation, or ordinance governing substances
that could cause actual or suspected harm to human health or the environment,
to the extent that the remediation is attributable to releases from ARCO station
5238 adjoining the Property along its southern boundary and located at 175
Rainier Avenue S., Renton, Washington, during ARCO operations. The term
hazardous substances specifically includes, but is not limited to, petroleum,
petroleum byproducts, gasoline, and its components (such as benzene, toluene,
ethylbenzene, xylene, and lead).
2. ARCO's Access Right. ARCO and ARCO's representatives will have the
unrestricted right to enter on the Property in order to assess, monitor, and perform it
obligations under this Indemnity Covenant (the "Indemnity Entry Right"). In exercising the
� Indemnity Entry Right, ARCO shall attempt to minimize, to the extent reasonably possible,
any interference with the operation of the business on the Property, except in the case of an
emergency, as determined by ARCO. In conducting its operations on the Property, Owner
LD shall attempt to minimize, to the extent reasonably possible, any interference with the
o Indemnity Entry Right. The Indemnity Entry Right includes, without limitation, the right to
perform soil and groundwater investigations and the right to install, operate, monitor,
maintain, repair, close, and remove equipment (including piping and wells) for which ARCO
Q will not be required to pay any rent or other compensation to the Owner. If the surface of the
Cr
Property is disturbed by exercise of the Indemnity Entry Right, upon completion of such
activities, the surface shall be promptly restored by ARCO to its condition prior to such
disturbance to the maximum extent practicable.
3. Counterparts. This Agreement may be executed in counterparts.
Venue. Exclusive venue for any action shall be in King County, Washington.
5. Applicable Law. This instrument shall be interpreted and enforced in
accordance with the laws and judicial decisions of the State of Washington.
5, Effective Date. This instrument shall become effective as of the latest date of
execution below.
COVENANTOR.
ATLANTIC RICHFIELD COMPANY
By' AW496�,
Signature
Printed Name
Its;
STATE OF }
) ss
COUNTY OF )
On this day personally appeared before me to me
known to be the of , and
acknowledged that he/she was authorized to execute this instrument as the free and voluntary
`in act and deed of said corporation for the uses and purposes therein mentioned.
Ln
'SUBSCRIBED AND SWORN TO before me this day of , 1999.
LO
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NOTARY
Q; Printed Name
My appointment expires
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STATE OF CALIFORNIA
COUNTY OF —09ao" Q C-1 _
On IVdVOM ®lE a, 195, before me, �� �r�F aC.
Date
Name, Tills of Officer — E G. "Jaffe Doe, Nota Public"
personally appeared
Ac. U);&KS06
lipersonally known to me - - pfeyed
Name(s) of Signerlsl
le -me em the b"&4 eetWeeliery-evidenee lia-
be the persons} whose name(e) Ishme-
subscribed to the within Instrument and
acknowledged to me that he/sheAh"
executed the same in hisOlwftheir authorized
capacity(ies� and that by his/4@94aw
signature(Q on the Instrument the person(6}
naJ.RotF
or the entity upon behalf of which the
person(s) acted, executed the instrument,
NONNY Pubk - CaAlofrlb
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WITNESS my hand and official seal
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SIGNATURENOTAR
MEMO MOM ■MMEMM■MM0MN •OPTIONALMOMM■■SEwasommsO an
Though the data Belo« +s riot required by lair, it may prove %aIuable to persons relying on the document and
could pterent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER
INDIVIDUAL
CORPORATE OFFICER
PARTNER(S) , LIMITED
L, GENERAL
0 ATTORNEY-IN-FACT
D TRUSTEE(S)
(.l GUARDIAN/CONSERVATOR
r I OTHER
DESCRIPTION OF ATTACKED DOCUMENT
rITLE OR TYPE; OF UK
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NUM[MR OI PAGI'S
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SIGNER IS REPRESENTING;
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COVENANTEE;
A i��— 42 &A 0. W e Xe
PATRICIA J. BRAND
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
On this day personally appeared before me Patricia J. Brandt and acknowledged that
she signed this instrument as her &ee and voluntary act and deed for the uses and purposes
mentioned in the instrument.
SUBSCRIBED AND SWORN TO before me this —LL day of
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Carolann Huohes
Printed Name
My appointment expires: �-,P//
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Carolann Huohes
Printed Name
My appointment expires: �-,P//
COVENANTEE:
N CY L. BtINKER
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this day personally appeared before me Nancy L. Bunker and acknowledged that
she signed this instrument as her free and voluntary act and deed for, the uses and purposes
mentioned in the instrument.
SUBSCRIBED AND SWORN TO before me this 41— day of 999, 2. t,
+A 46.. �''� s a , '' •�C NOTARY
Carolann Hughes
Printed Name
My appointment expires: 0
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EXHIBIT A
THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER,
AND OF GOVERNMENT LOT 4, SECTION 18, TOWNSHIP 23 NORTH, RANGE 5
EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED
AS FOLLOWS:
BEGINNING AT THE QUARTER CORNER ON THE WEST BOUNDARY LINE OF
SAID SECTION 18;
THENCE NORTH 89003'07" EAST ALONG THE EAST -WEST CENTERLINE OF SAID
SECTION A DISTANCE OF 2177.12 FEET TO AN .INTERSECTION WITH THE
EASTERLY MARGIN OF COUNTY ROAD NO. 80 (ALSO KNOWN AS 91ST AVENUE
SOUTH);
THENCE ALONG SAID EASTERLY MARGIN NORTH 11 005'23" EAST A DISTANCE
OF 96.46 FEET TO AN INTERSECTION WITH THE NORTHERLY MARGIN OF THE
CEDAR RIVER PIPE LINE RIGHT OF WAY;
THENCE CONTINUING ALONG SAID EASTERLY MARGIN NORTH 11 005'23" EAST
A DISTANCE OF 413.12 FEET TO A POINT ON A LINE 406 FEET NORTH OF AND
PARALLEL WITH THE NORTHERLY MARGIN OF SAID PIPE LINE RIGHT OF WAY;
THENCE SOUTH 89°33'37" EAST A DISTANCE OF 133.97 FEET TO THE TRUE
POINT OF BEGINNING;
THENCE NORTH 00026'23" EAST A DISTANCE OF 165.59 FEET TO THE
SOUTHERLY MARGIN OF SOUTHWEST VICTORIA STREET (ALSO KNOWN AS
SOUTH 133RD PLACE) 25 FEET IN WIDTH;
THENCE EAST ALONG SAID SOUTHERLY MARGIN A DISTANCE OF 117 FEET,
MORE OR LESS, TO THE WESTERLY MARGIN OF THE D. C. MITCHELL ROAD;
THENCE SOUTH ALONG SAID WESTERLY MARGIN TO AN INTERSECTION WITH
A LINE THAT BEARS SOUTH 89°33'37" EAST FROM THE TRUE POINT OF
cfi BEGINNING;
cn THENCE NORTH 89°33'37" WEST TO THE TRUE POINT OF BEGINNING.
r-
6
' 20040624001008.001
WHEN RECORDED RETURN TO:
NAME- W J —UdzgLEUg
ADDRESS 1241 if Street East
CIW,STATEX[P Peleewood. WA 98372^
DOCUMENT TMAq)y �oQQlyooe 1
1 Memorandum of Lease — For rdtng Between O 11 Properties, LLC and B.J.'s Darty
Grind, inc,
3
4.
REFERENCE NUMBER(s) OR DOCUMENTS ASSIGNED OR RELEASED:
13 Additional numbers on page ofdocument
GRANTOR(s)(Last name first, then first mune and mitrals]:
1.O'Famll PropeAtes, LLC
2. Said documents) were filed for record
3. by Transnation Title as accommodation
OWdtttonal names on page of docu ft It has not been examined as to proper
GRANTEE(s)[Lasttiame first, then first name
&VMgMpr as torts effeot upon title.
1. B J 's Daily Grind, Inc.
2. Kleffner, James and Sharon
3. Kleffner, Bnana
Oadditiona] names on pop of document
LEGAL DESCRIPTION[AbbrevlaWd- i e, lot, block, plat; or section, township, range]:
Lot -Unit Block Volume Page:
SE %, NW % and Government Lot 4
Section 18 Township 23 North Range. 5 E W M
PC] Complete legal description to on page 5 of document attached as Exhibit A
ASSESSOR'S PROPERTY TAX PARCEL ACCOUNT NUMBER(s): 182305-9082-00
The Recorder will rely on the information provided on the form. The staff will oat read the domment to verity
Me accumey or eompletenen of the indexing information provided herein.
city
of
p�enfOrl
iannin
9 Division,
AUG 2 71ooq
#Wftle� w
20040824001008.002
MEMORANDUM OF LEASE — FOR RECORDING
BETWEEN O'FARRELL PROPERTIES, LLC
AND BXS DAILY GRIND, INC.
This is a Memorandum of that certain unrecorded Lease dated the -Z5 day of
2004, by and between O'FARRELL PROPERTIES, LLC, as Lessor, and
B J'S DAILY GRIND, INC, a Washington corporation, JAMES KLEFFNER and SHARON
KLEFFNER, Husband and Wife, and BRIANA KLEFFNER, a single woman, collectively
"Lessee"
The Lease concerns the property legally desenbed on Exhibit A attached hereto and
illustratively shown on Exhibit B attached hereto and incorporated herein by this reference
The term of the Lease is for five (5) years, commencing on the 1 st day of May, 2004
and terminating on the 3& day of April, 2009 with the option of one (1) five (5) year renewal
provided Lessee is not in default under the terms and conditions of the Lease.
This Memorandum is not a complete summary of the Lease Provisions of the
Memorandum shall not be used in interpreting the Lease In the event of a conflict between
the Memorandum and the unrecorded Lease, the unrecorded Lease shall control
In Witness Whereof, the parties have executed this Memorandum on the:45 day of
2004
LESSEE
B J'S DAILY GRIND, INC, a Washington
corporation
JAMES KLEFFNER AND SHARON
KLUFFNER. Husband and Wife
Date
01FmTc11tisicat1y(3md\
3
?aaYS
LESSOR
O'FARRELL PROPERTIES, L L C, a
Washington limited liability company
By
Gregory S. O'Farrell
Its Managing Member
By
Sharo KI er
Date J �a d �/
T—
BRIANA KLEFFNER, a single woman
IW &7o 11I iceW-� �� �� i/ _i
10. - r.� •5 I�
STATE OF WASHINGTON }
)ss
COUNTY OF KING )
20040624001008.003
On this day personally appeared before me 2wgm q- avgq oo' _ to me
known to be the _ �ft�b of B.J.'s Daily Grind, Inc, the Washington
corporation described in and that executed the within and foregoing instrument, and
acknowledged said instrument to be the free and voluntary act and deed of said corporation, for
the uses and purposes therein mentioned, and on oath stated that he was authorized to execute
said instrument on behalf of said corporation
GIVEN under my hand and official seal this & day of 2004
Briol. if
lov
o�'NaT
�tk PUB TA
� F
0'Fwm11WDai1ycnndl
31401 Q
name]
LIC in and for a State
residing at
2 Expires:
20040624o01008.004
STATE OF WASHINGTON )
) ss
COUNTY OF 0)
On this day personally appeared before me Gregory S O'Farrell to me known to be the
Managing Member of O'Farrell Properties, L L C, the Washington hmited liability company
desenbed in and that executed the within and foregoing instrument, and acknowledged said
instrument to be the free and voluntary act and deed of said limited hability company, for the
uses and purposes therein mentioned, and on oath stated that he was authomed to execute said
instrument on behalf of said limited liability company //��
GIVEN under my hand and official sgel+4* day of nL&V-A 2004
� 9
g tPAY ,
i .0
name]
LIC in and for the State
'h,9Tion, residing at
®ttiiriission Expires
STATE OF WASHINGTON )
) ss
COUNTY OF KING )
On this day personally appeared before me James Kleffner and Sharon Kleffner,
husband and wife, to me known to be the individuals described in and who executer] the
within and foregoing instrument, and acknowledged that they signed the same as their free
and voluntary act and deed, for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this % day of Mw , 2004
U
- • [printed naynel
NOTARY PUBLIC in and f r the State of
Washington resiting at
My commissipWexpires AM
0'Pwdh9JEW1yGnn41
32404Q
20040624001008.006
STATE OF WASHINGTON )
) ss
COUNTY OF KING )
On this day personally appeared before me Briana Kleffner, a single woman, to me
known to be the individual described in and who executed the within and foregoing
instrument, and acknowledged that she signed the same as her free and voluntary act and
deed, for the uses and purposes therein mentioned
GIVEN under my hand and official sea] this day of , 2p04
--�---- -Q:,--
o' •a as•'"' [pnht
.:� MARY l
5.0 E
0TaMMaafiyarwd+
3 2404 V2
.IC in and for the State of
ling at
expires
20040624001008.006
EXI3IBIT A
LEGAL DESCRIPTION
A 56'x108' portion of the following described real property as illustratively shown on Exhibit B
attached hereto
That portion of the Southeast Quarter of the Northwest Quarter and of Government Lot 4 in
Section 18, Township
23 North, Range 5 East, W M, in King County, Washington, described as follows
Beginning at the point of intersection of the Westerly margin of the D C Mitchell County
Road with the Northerly
margin of the City of Seattle Cedar River pipe line right of way,
Thence North 2°1849" East 200 02 feet,
Thence North 89°51'11" West parallel with said Northerly margin 2.77 feet to a point on the
Westerly margin of
Rainier Avenue South (State Highway No 5), said margin being a 5680.30 foot radius curve
concave to the West,
a radial at said point bearing Notch 89°28'32" West, said point being the true point of
beginning,
Thence continuing North 89°51'11" West 156 11 feet,
Thence North 6°3249" East 50 32 feet,
Thence North 89°51'11" West 13 68 feet to a point 128 40 feet Easterly (as measured along a
line parallel with
said Cedar River pipeline right of way) from the Easterly margin of 91st Avenue South
(Rainier Boulevard) as
located in County Survey No. 197%z, January 1909,
Thence North 613249" East 157 14 feet to the Northwest corner of that tract of land conveyed
by deed recorded
under Recording No 6469261,
Thence South 89°52'13" East along the North line thereof 144 28 feet to said Westerly margin
of Rainier Avenue
South (State Highway No 5);
Thence Southerly along said Westerly margin an arc distance of 206 24 feet to the true point
of beginning.
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RETURN ADDRESS:
Ftvntlar Dank
Ouvaq
15305 Main atraat NE
PO acx 700
Ouvnll, WA 90019 -
ff- 110) 7135 -
DATE. December 21, 2007
20071221001248.001
piof nento
n
Hing DiviSiOn
AUG 2 7 2999
DEED OF TRUST %D
p S i
Reference # pf applicable): N 82 dditional on page
Grantor(a):
1. 01FARR£LL PROPERTIES, L.L.C.
Grantec(s)
1. Frontier Bank
2. Transnation Title Company, Trustee
Legal Description: PTNS SE 14 NW 114 STIR 18-23.05E TAX LOTS 9011,9082, 9122, 9161,
8120 & 9012
Additionsl on page 2
Assessor's Tax Parcel ID#: 182305-9011 (PARCEL A), 182305-9082 (PARCEL 8).
182305-9122. (PARCEL Cl, 182305-9161 (PARCEL DI, 182305-9120 (PARCEL E),
182305-9012 (PARCEL F)
THIS DEED OF TRUST to dated December 21, 2007, among O'FARRELL PROPERTIES, L.L.C., a
Washington Umited Liability Company, whose address is P.O. BOX 7603, COVINGTON, WA
98042 ("Grantor"); Frontier Bank, whose melling address is Duvall, 153013 Main Street NE, PO
Box 700, Duvag,,. WA 98019 (referred to below sometimes as "Lender" and sometimes as
"Benaficlary")-, and Transnation Title Company, whose mailing address is 801 Union Square,
Suite 1100, Seattle, WA 98101 (referred to below as "Trustee").
HEED FOR RECORD
AT THE REQUEST OF
LandAmerica
Ctxnmerdal Ser*n
20071221001246.002
DEED OF TRUST
(Continued) Page 2
CONVEYANCE AND GRANT. for vofuabfe consideration, Grantor convoys to Trustee In trust with power of sale, right
of anile and pasoesshm and for the bmnf t of Lander as Beneficiary, all of Grantor's right, title, and Interest In and to
the following described reel property, together with all existing or subsequently erected or affixed buildings,
Improvemsnta and fixtures; all *moments, rights of way, and appurtenances; all water, water rights and ditch rights
(Including stack in utilities with ditch or Irrigation rights); and all other rights, royalties, and profits relating to the real
property. Including without limitation ap minerals, oil, gas, geotharmaf and similar mattsrm, [the "Real Property")
located in KING County, State of Washington.,
See Exhibit A, whioh is attached to this Deed of Trust and made a part of this Deed of Trust
as if fully stet forth herein.
The Real Property or Its address is commonly known as 166 & 175 RAINIER AVE S. AND 188,
188, 178, & 180 HARDIE AVE SW, RENTON, WA 88066. The Real Property tax identification
number Is 182305-8011 (PARCEL A)r 182308-8082 (PARCEL 0), 182305-8122 IPARCEL C),
182305-8181 IPARCEL. D), 182305-9120 (PARCEL E), 182305-8017 IPARCEL F).
Grantor hereby asalgna as security to Lander, all of Grantor's right, title, and informal in and to all leaves, Rome, and
profile of the Property. This assignment Is recorded in accordance with RCW 66.08.070; the lien created by this
assignment is Intended to be spgellic, perfected and chests upon the recording of tNa Deed at Trust. Lender grams to
Granter a ficanse to collect the Rent' and profits, which license may be revoked at Lander's option and shall be
automatically revoked upon acceleration of all or part of the lndebtednass.
THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND
PERSONAL PROPERTY, 18 GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (8) PERFORMANCE OF
ANY AND ALL OBLIGATIONS UNDER THE NOTE. THE RELATED DOCUMENTS. AND THIS DEED OF TRUST. THIS
DEED OP TRUST 18 GIVEN AND ACCEPTED ON THE FOLLOWINS TERMSS
PAYMENT AND PERFORMANCE. Except as otherwise prwkted In this Deed of Trust, Grantor shall pay to Lander all
amounts aeaured by this Deed at Trust as they become due and shall Strictly and in a ttmely manner perform all of
Grantor's obligations under the Nota, this Dead of Trust, and the Related Documents.
POSSESSION AND MAINTENANCE OF THE PROPERTY. Gramor agrees that Grantor's possession end use 01 the
Property shall be gowned by the following prwislors:
Possession end Use. Unto the acauerenas at an Evora of Default, Grantor may (1) remain In possession and
control of the PreportY; (2) use, oparaty or menage the Property; and 13) Oalleot the Rants from the Property
(this privilege Is a license from Lender to Grander automatically revoked upon default). The following provislom
relato to the wo of the Property or to other Ilmitetiono on the Property, The Real Property is not used principally
for agricultural purposes.
Duty to Maintain. Grentor shall mairdaln the Property In tenantable condltlon and promptly perform ag repairs,
raptabsments, ww maintenance necewary to preserve Its vaiue.
Nuisance, Waste. Grantor shall net cause, conduct or permit any nuisance nor commit, permft, or vuffer any
stripping of or waste on or to the Property or any portion of the Property. mtho n limiting the generality of the
foregoing, Grantor will net remove, or grant to airy other party the right to remove, any timber, minerals lincluding
Oil and gas), coal, Clay, scarfs, soil, gravel at rock products wlthoul Lender's prior written consent.
Removal of Improvsmems, Grantor shall not demolish or remove any Improvements from the Reel Property
without Lendar'm prior written consent. As a condition to the removal of any Improvements, Lander may require
Grantor to make arrangements oadafectory to Lander to replace such Improvements with Improvements of at least
equal value.
Lender's Right to Entar. Lender and Lender's agents end reprosoMedvos may enter upon the Real Property at aH
reasonable times to attend to Lander's interests and 10 inspect the Reel Property for purpose* of Grantor's
compliance with the terns and conditions of this Dead of Trust,
Compliance with Governmental RequliamOnla. Grantor shall promptly comply, and shall Promptly cause
eoMpflance by all agents, tenants or other persons or entities of ovary nature whatsoever who rent, lease of
otherwtse use or occupy the Proparly In Any manner, with all laws, ordinances, and regulations, now or hereafter
in effec4 of all govefmmntai authorities applicable to the use or occupancy of the Property, including without
ilmitetfon, the Americana With Disabilities Act. Grantor may contest In goad faith any such tow, ordinance, or
regulation and withhold compliance during any proceeding. Including appropriate appeals, so long as Grantor has
notifled lender In writing prior to dot% so and so tong as, In Lertdvr'■ sale opinion, Landar'e Interests In the
Property are not jeopardized. Lander may require Grantor to post adequate security or a surety bond, roomanabiv
satisfactory to Lander, to protect Lender's Intorest.
Duty to Protect. Grantor ogreas nalther'to abandon or leave unattended the Property. Grantor shall do all other
aim, In addition to those sats set forth above in this seadan, which from the character and use of the Property are
reasonably necessary to protect and preserve the Property.
DUE ON SALE - CONSENT BY LENDER, 1.01Wof may, at Lender's option, (A) declare immediately due and payable a(I
mums secured by thls'Daed of Trust or (a) Increase the Interest rate provided for In the Nota or other document
ovidenolnq the Indebtedness and Impose such other conditions ss Lender deems appropriate, upon the mole or trenefer,
without Lander's prior written consent, of all or any part of ttto Roof Property, or any Interest In the Real Property. A
"sale or transfer" means the conveyance of Real Property or any right, title or interest in the Real Property; whether
legal, beneficial or squl)abla; whether voluntary or invoiuntaw whether by Outright onto, dead, inetalimant sake comraetr
land contract, contract for deed, Isaeshold Interest with a term greeter than three 13) yearn, 1ee69•0010n contract, or by
sees, assignment, or tranafar of any bansflcisl Interest In or to any land trust holding title to the Reel Property, or by any
ether method of conveyance of an Interest In the Reaf Property. If any Grantor Is a corporation, partnership ar limited
liability company, frontier also Includes any change In own gaMp of more than twenty-five percent (28%) of the voting
stock, partnership interests or limited liability company Interests, as the case may be, of such Grantor. However, this
option shill not be exercised by Lendef-If such exercise is prohlbltod by federal dew or by Washington law.
TAXES AND L1EN8. The fallowing provisions relating to the texas and Ilens on the Property are pert of this Dead of
Trust:
Paymem Guantor shag pay, when due {arid in all events prior to delinquency) all Iexatr special taxes, assessments,
charges (Including water and sowed, lines and impositions levied against or on account of the Property, and shall
poy'when due all claims for work done on or for services rendered or materiel lurnlehed to the Property. Grantor
20071221001248.003
DEED OF TRUST
;Continued) page 3
shop maintain the Property free of all liens having priority over or equal to the Interest of Lander under this Dead of
Trust, except for the pan of taxes end asaeasments not due and except no otherwise provided in this Dead of
Trust.
Right to Cantoot. Grantor may withhold payment of any tax, assessment, or claim In connection with a good fafth
ftputa over the obligation to pay, so long as Lender's interest in the Property is not Jeopardized. If a pan arises or
is filed as a result at nonpayment, Grantor shall within fifteen (161 days star the lien arises or, If a lien 1s filed,
Within fifteen (10) days after Grantor hog notice of the filing, secure the discharge of the Ilan, or If requested by
Lender, deposit with Lender Cash Or a sufficient corporate surety bond or other security satisfactory to Lender in an
amount sulficiant to discharge tiro lien plus any Omit and attorneys' fees, or other charges that could acarus as a
result of it foreclosure or sate under the lion. In any contest, Grantor shall defend Itself and Lender and shall
satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lander as an additional,
ebllgee under any surety bond furnished In the contest preosedinge.
Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes
or assessments and shall suthorize the appropriate governmental o111a%l to deliver to Lender at any lime a written
statement of the texas and assessments against the Property.
Notice of Conatructlon. Grantor shall notify Lander at ken fifteen 061 day% before any work Is commenced, arty
services are furnished, or any matartals ate supplied to the Property, if any mechanic's lien, materlaimon's pen, or
other Ilan could be asserted on account of the work, services, Or materials, Grantor will upon request of Lender
turnWh to Lender advance assurances aathlaatory to Lender that Grantor Can and will pay the cost of such
Improvements.
PROPERTY DAMAGE INSURANCE, The following provisions rsleting to insuring the Property are a part of this Dead of
Trust.
Maintsranoo of insurance. Grantor shall procure and maintain policies of five Insurance with standard extended
coverage endorsements on a replacement basis for the full Insurable value covering all Improvements on the Real
Property in an amount sufficient to avoid application of any cahnsurance clause, and with a standard mortgagee
ciouse in favor of lander. Grantor shall also procure and maintain comprehensive general liability insurance in such
coverage amounts as Lander may request wish Trustee and Lender being named asadditional Ineurode In such
liability insurance policies. Additionally, Grantor shell maintain such other insurance, Incfudbag but not limited to
hazard, business Interruption, and baker Insurance, as Larder may reasonably require. Policies Omit be written in
form, amounts, coverages and basis reasonably exceptable to Lender and Issued by a company or companies
reasonably aaceptablo to Lander. Grantor, upon requestof Lender, will deliver to Lander from time to time the
policies or certificates of lmurance in form astiafaotory to Lender, Including sdpuloticns that coverages will not be
cancelled or diminished without at least thirty (301 days prior written nodes to Lender, Each Insurance policy also
shall include an endorsement providing that coverage in favor of Lander will not be Impaired in any way by any act,
omission at default of Grantor or any other person. Should the Heal Property be located In an area designated by
the Director of the Federal EmPrg rnoy Mo magament Agency as a special flood hazard area, Grantor agrees to
obtain and maintain Federal Flood Insurance, if available, within 46 daya after notice Is given by under that the
Property is located In a special flood hazard area, for the full unpaid principal balance of the loan and any prior pens
on the property scouring the loan, up to the maximum Popov Amita set under the National Flood Insurance Program,
or as otherwise roquired by Lander, and to maintain such Insurance tar the term of the loan.
Application of Proa%ads, Grantor shag promptly notify Lender of any loss or damage to the Property. Lender may
make proof Of loss If Grantor fella to do no within fifteen 116) days of the casushy. Whether or mot Lender's
security Is impaired, Lander may, at Lender's election, receba and retain the proceeds of any Insurance and apply
the.pracoeda to the reduction of the 1ndeMedness, payment of any lion affecting the Property, or the reataration
ani) repair of rise Properly. h Lander elects m apply the proceeds to restoradon and repair, Grantor shall repair or
replace the damaged or destroyed Improvements in a manner 86081401a IN to Lender, Larder shall, upon
satisfactory proof of such axpanditure, pay or reimburse Grantor from the proceeds tot the reasonable cost of
repair or restoration if Grantor U not in default under this Dead of Trust, Any proceeds which have eat been
the Prooperly shalld within t80 be usedalter Ill& firstto pay any iamount owing fot end which nder has not committed to the Lender under this Dead of Trust, talF Of han to payrestoration
iaccrued
Interest, and the remainder, if any, shall be applied to the principal balance of the Indebtedness. if Lander holds
any proceeds after payment In full of the Intdobtdnevs, such proceeds shag be pold without interest to Grantor as
Grantor's Interests may appear.
re then once a year,
atilor
all furnish
for ander as report art on neachexletingnrequest of policy of isuurancehowever nat Mowing; (1�I" name of the Insurrer; 12lh the risks
Insured; (3) the amount of the pallor, (4) the property Insured, the than currant replacement value of such
property, antl the manner of determining that value; and (e) the expiration data of the policy. Grantor shall, upon
request of Lender, have on Independent spprahsr satisfactory to Larder daterze the cash value replacement Coat
of the Property.
LENDER'S EXPENDITURES. It any action or proceeding Is commenced that would materially affect Lender's Interest M
the Property or It Grantor fails to comply with any provision of this Dead of Trust or any Related Documents, including
but not limited to Grantor's failure to discharge or pay when due any amounts Grantor is required to discharge or pay
under thin Deed of Trust or any Related DoOuments, Londsr on Grantor's behalf may (but shall not be Obligated toll take
any action that Lender deems appropriate, including but not llmlted 10 discharging or paying all taxes, lion, security
interests, encumbrance$ and ather•ciaims, at any time lavied or placed on the Property and paying 4111 costs for Insuring,
maintalning and pm"ng the Property. All such expenditures Incurred or paid by Lander for such purposes will then
bear interest at that rate charged under the Note from the data Incurred Or peal by (ander to the dam of repayment by
Grantor. All such expenses will become a part of the Indebtedness and, at Lander's option, will W be payable an
demand,, IBI be added to the balance of the Nota and be apportioned among and be payable with any Installment
payments to become due during either (1) the term of any applicable Insurance policy: or (2) this remaining term of
the Nota;' a( IC) be treated as a balloon payment which will be due and payable at the Note's maturity, The Deed of
Trust also will secure payment of than amounts. Such right shall be In addition to all other rights and romedles to
which Lander may be entitled upon Default.
WARRANTY; DEFENSE OF TITLE.. The fallowing provision rotating to ownership 411 the Property ars a port of this Deed
of Trust; -
Tldo. Grantor warrants that: le) Grantor holds good and marketable title of record to the Property in fee simple,
Iron slid akar of all ions and encumbrances other than those Bel forth in the float Property desoriptlon or In any
title Insurance policy, tide report, or final title opinion Issued In favor of, and acoepted by, Lender In connection
whh'thin Deed of Trust and (b) Grantor has the full right, powar, and authorlty to execute and doilvef this Deed of
Trust to Lender.
Oefsnse of Title. Subject to the exception in the paragraph above, Grantor warrants and WIN forayer defend the
20071221001246.004
DEED OF TRUST
(Continued) Paso 4
t1t10 to the Property against the lewtul claims of all parsons. In the event any action or proceeding is oommenood
that questions Grantor's title of the Intertest of Trustee or Lander under this Deed of Trust, Grantor shall defend the
action at Grantor's expense. Grantor may be the nominal party In such proceeding, but London shag be entitted to
portimpate In the proceeding and to be represented In the Proceeding by counsel of Lender's awn choice, and
Grantor will deliver, a cause to be delivered, to Lanttar such Instruments as Lender may request from time to time
to permit such participation.
Cargpilanoe With. Laws, Grantor warrants that the Property and Grantor's use of the Property campllos veldt all
existing applicable laws, ordinances, and regulations of governmental enahoritlea,
Survival of Represaftedons and Warranties. All represamatlgns, warrontka, and agreements made by Grantor In
this Deed at Truit shall survive the execullon and delivery of this Deed of Trust, shall be continuing In nature, and
shag remain In lull loroa and affect until such time as Grantor's Irdobtedness shall be paid In full,
CONDEMNATION. The following provisions relating to condemnation proceedings are a port of this Dead of Trust:
Praceadhtgo. If any proceeding In condemnation it filed, Grantor shag psompdy notify Lander in writing, and
Grantor shall promptly take such slope as may be necessary to defend the eetten and obtain the award. Grantor
may W the nominal party In such proceeding, but Lender shall be emitted to portialpete In the proceeding and to be
represented In the Prooseding by counsel of its own choice all at Grantor's expanse, and Grantor will deliver or
cause to be doWened to Lander such Instruments and documentation as may be requested by Lander from time to
time to permit ouch participation,
Application of Net Proceeds. 11 ail or any part of the Property Is condemned by eminent domain prooaedings or by
any proceading or purchase in liou of oordamnatfort, Lander may at its election require that all or any portion of the
net proceeds of the award be applied to the indebtedness of the repair or restoration of the Property. The net
Incurred proceeds
d of the a award
e n she award
withafter
payment
of pit
n reasonable Coate, expenses, and attorneys' fees
IMPOSITION OF TAXES, FEW AND CHARGES By GOVERNMENTAL AUTHORITIES. The following pravislona relating
to governmental taxes, fees and charges are a part of thio Deed of Trust:
Current Tastes, Fees and Charges. Upon request by Lander, Grentar shag execute such dacumants in addition to
this Deed of Trust and take whatever other action Is requested by Lender to perfect and oominue Lender's Ron on
the Real Property. Grantor shall Wmburse Lender for alt taxes, as describod below, together with all expenses
incurred In recording, perfecting or coritInuing this Dead of Trust, Including wlthoun limitation all taxes, fees,
documentary stamps, and other charges for recording or registering this Dead of Trust.
Taxes. The following shall constitute taxes to which this section applies: III a speetfla tat upon this type of
Deed of Trutt or upon all or any part of the Indobtadrass secured by this Deed of Trust; 121 a specific tax on
Gramew which Grantor is authorized or required to deduct from payments on the Indebtedness secured by this typo
of Deed of Trust; 13} a tax on this type of Deed of Trust chargeable against the Lander or the holder of the Nom;
and (41 a specilla tax on all or any portion at the Indebtedness or an payments of principal and interest made by
Graritae.
Subsequent Taxes. If any tax to which this section apples Is enacted subsequent to the date of this Deed of
Trttas, thls event shall have the same effect ea an Event at Default, and Lander may exercise arty or OR of hs
available remedies for an Event of Default ea provided below unless Grantor elther 11) pays the tax before A
becomes delinquent, ar 121 contests the tax an provided above In the Taxes and Liens sac9un and deposits with
Larder cash or a sufficient corporate surgly bond or otter security eotlafactory 10 Lander.
SECURITY AGREEMENT; FINANCING STATEMENTS, The following provisions relating to this Dead of Trust as a
security agreement era a part of this Deed of Trust:
Seaurhy, Agresmert. This Instrument shall constitute a Security Agreement to the extent any of the Property
constitutes lixtures, and Lander shall have all of the rights of a secured perry under the Uniform Commercial Coda
as amended from time to time.
Security interest, upon request by Lander, Grantor shall take whatever motion Is requested by Lender to perfect
and continue Lender's security interest in the Rents and Personal Property. In addition to recording this Deed of
Trust in the reai.propmty records, Lender may, at any tams and without further authorlxatloo from Grantor, file
executed counterparts, coples or reproductions of this Dead of Trust as a financing statement. Grantor shell
reimburse Lender for ail expenses Incurred in perfecting or continuing thin security Interest. Upon default, Grantor
shall not remove, sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble
any Pgrsonet Property not affixed to the Property In a manner and at a pieta reasonably convenient to Grantor and
Lander and make It available to Lander within three (3) days after receipt of written demand from Lander to the
extent permitted by applicable law,
Adkhosao$. The mailing *",cases of Grantor (debtor} and Larder (secured party} from which Informaskm
concerning the aacurity interest granted by this Dead of Trust may be obtained leach as required by the Uniform
Commercial Code) -are as stated on the first page of this Deed of Trust.
FURTHER ASSURANCESt A'STORNEY-IN•FACT. The following provisions relating to further assurances and
attorneyzin-fact are a part of this Dead of Trust:
Further Assurances. At any time, and from time to time, upon request of Lender. Grantor will make, execute and
deliver, or will onus* to be made, executed or delivered, to Lender or to Lender's designee, and when requested by
Lander, cause to be filed, recorded, rallied, or rerecorded, as the case may be, at such times and In ouch olgces
and places as Lender may deem approPrlete, any and are such mortgages, deeds of trust, security deeds, security
agreements, financing sletern ints, continuation statements, instruments of further assurance, eerliflootea, and
Other documents as may, In the sole opinion of Lander, be necessary or dasErable In order to effectuate, camPiets,
perfect, continue, or Preserve (11 Grantor's Obligations under the Nota, this Deed of Trust, and the Related
Documents, and W the liens and security Interests created by this Dead of Trust *s flrat and prior lions on the
Property, whether now owned or hereallor acquired by Grantor. Unless pichibhod by low ar Lender agrees to the
contrary In writing, Grantbr shall reimburse Lender for all costs end expenses incurred In connection with the
marten referred to in this paragraph.
Attomoyan•Fast.. If Grantor falls to do any at the things referred to in the preceding paragraph, Lander may do to
for and in the name of Grantor and at Grantor's expass. For such purposes, Gromar hereby irrevocably appoints
Lender as Grantor's oltornay;n•fact far the Purpose of making, executing, delivering, filing, recording, and doing all
other thing$ as may be mecessmry or desirable, In Lender's solo opinion, to accomplish the matters referred to In
the preceding paragraph.
FULL PERFORMANCE. If Grantor pays all the Indebtedness when due, and otherwise performs all the obligations
Imposed upon Grantor under this Deed of Trust, Lander shed execute and deliver to Trustee n request for lull
20071221001246.006
DEED OF TRUST
(Continued) Page 6
reconveyance and shall execute and deliver to Grantor statabls statements of termination of arty financing statement on
file evidencing Lender's security Interest in the Roots and the Personal Property. Any reconveyance fair shall be paid by
Grantor, if.permtited by applicable low. The grantee In any reoonveybnce may be described as the 'person or parsons
legally entitled thereto", and the recitals In the reconvoyanoe of any matters or facts shell be conclusive proof of the
truthfulness of any such matters or facts.
EVENTS OF DEFAULT. Each of the following, at L*ndoee option, shad constitute in Event of Default under this Deed
of Trust:
Payment Dafauft. Grantor laill to maks any payment when due under the lndabtsdn*ss.
Other D*foults. Grantor fails to campty with or to perform any other term, obligation, covenant or condition
contained Id this Dead of Trust or In any of the Related Documents or to comply with of to perform any term,
obligation, covenant or condition contained in any other agreement between Lander and Grantor.
Compliance Default, Failure to comply with any other term, obilgallon, covenenT or condition contained In this
Deed of Trust, the Note ov In any at ifs Related Documents.
Default an Mw Payments. Failure of Grantor within the time required by ibis Deed of Trust to make any payment
for taxes or Insurance, or any other payment necessary to prevent filing a1 or to effect discharge o1 any lien.
Default in Favor of Third Parties. Should Grantor default under any loan, extonslon of credit, securlty agreement,
purchase or sells agrsem*nt, or any other agreement, in favor of any other creditor or person that may materially
affect any of Grantor's property or Grantor's ability to repay the Indebtedness or perform their rsspeothva
obllg rtions under thin Deed of Trust at any of the Related Ooalrnants.
FeWo Statam*me. Arty warranty, npreeaMetion or statemont made or furnished to Lander by Grantor or on
Grantor's behalf under This Dead of Trust or the Related Documents Is tails or misleading In any matodal ranpect,
•hhor raw or at rhe time made or furnhhod or becomes Islas or misleading at any time thereafter.
Defeotivo Callaforagsagon. This Deed of Trust Or any of the Related Documents cables to be In full force and
effect finaludtng faflure of any collateral document to create a valid and perfected security Interest or Ilan) at any
lima and for any reason,
hwehrenay. The dissolution of termfnadon of Grantor's existence as a gobg bualrreser the Insolvency of Grantor,
the appointment of a recolver lot any, pert at Grantor's property, any assignment for the benefit of credltara, any
typoof creditor workout, or the commencement of any proceeding under any bankruptnry, or Insolvency laws by Of
against Grantor.
Creditor or Fortalture Proceedings. Commencement of foreolosure or forfeiture proceedings, whether by judicial
proceeding, milt -help, repossession OF any Other method, by any creditor of Grantor or by arty gov*mmental agency
against any property securing the Indobtednesa. This includes a garnishment of any of Grantor's occounts,
Including deposit accounts, with Lander. However. this Event of Default shall not apply If Thera Iso good lahh
dispute by Grantor to to the validity or reasonableness of the claim which Is the basis of the creditor or forlelture
proceeding and 11 Grantor gloms Lender written notice of the creditor or forfeiture proceeding and deposhs with
Lander mordss or a surety band far the creciltor at fwlalture procesding, in an amount determined by Lander, in its
nota discretion, as being an adequate reserve or bond far the dispute.
Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and
Lander that Is not remedied within any grace period provided therein, including without limitation any agreement
concerning any Indebtedness or other obligation of Grantor to Lander, whether existing now or later.
Evertts Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of Orly of the
Indobtadness or any Guarantor dies or baaarnea incompetent, or rovokee or disputes the vowty of. or liablllty
under, any Guaranty of the Indebtedness.
Adverse Change. A motorial adverse change 00ola* In Grantor's Bnenclal condition, or Lender believes the
prospect of payment of performance of the Indebtadnaaa Is Impaired.
F4ht to Cure. It any dolauh, other than a deleuit in payment b ourable and if Grantor has not been given a notion
of a breech of the same provision of this Deed of Tryst whhin the preceding twelve it 21 months, It may be cured if
Granto(, attar receiving written nodes from Lander demanding cure of such delerlt: 111 curss the default within
ton 1101 days; or I2) 11 the tura requlres more than ten 1101 days, immadistaly Initiates steps which Lender deems
in Lender's gain discrarion to be ruffleiam to ours the default and thereafter continues end eomploing all reasonable
and necessityturps sufficient to produce compllanoe as Boon as reasonably P e
MHT8 AND REMEDIES ON DEFAULT. U an Event of Default occurs under this Deed of Trust, at any time thereafter,
Trustee or Lander may exercise any one or more of the followlrg rights and romedles:
Elratran of Remodles. Eloct)on by Lender to pursue any remedy shall not exclude pursult of any other remedy, and
an abction Tomake expenditures or to take action to perform an obligation of Grantor under this Deed of Trull,
after Grantor's fafhae to perform, shall not offset Lender's right to declare a default and exercise Its ron"(1142.
Accelerate Indebtedness. Lender shall have the right at Its option to declare the entire k debtadnen Immediately
due and payable, Including orly prepayment penalty which Orentor would be required to pay.
Foroelosura. With respect to ell or any part cl the Real Property, the Trustee shall have the right to exerclae Its
p reclosure, In either cane In accordance ccordanceot
with and to he full extent provided by eppg Risforeclose by judicial
ks law.
UCC Rsmedlas. With respect to all or any parr of the Personal Property, Lander shall hew all the ruts end
remedies of a **cured party under the Uniform Commercial Coda.
Collect Rents. Lander shall have the right, without notice to Glamor to take possession of and menage the
Property and collect the Rents, Including amounts pest due and unpaid, and apply the not proceeds, over and
above Land$$'$ coats, agatnat the Indebtedness. In furtherance of this right, Lander may require any tonent or
attar user o1 the Property to make payments of rent or use fees directly W Lander. It the Rents are collected by
Lender, then Grantor irrevocably designates Lender as Grantor's ahorneyan-feet W endorse Instruments received In
payment thereof in the name of Grantor end to negotiate the same and collect the proceeds. Paymmnta by tenants
or other users to Lender In response to Lender's demand shall setlsry the abflgadone for which the payments are
mala, whether or not any proper grounds for the demand existed. Lender may exercise Its rights under this
subparagraph either In person, by agent, or through a rocafver,
Apprihd Revolver. Lender shall have the right W have a receiver appointed to lake Panamanian of all or any part of
the Property, with the power.'to protect and preserve the Property, to operate the Property preceding or pending
foreclosure or sale, and to collect the Renta from the Property and apply die proceeds, over and above the cast of
tate receivership, against the Indebtedness. The receiver may serve without bond It permitted by law. Lander'$
20071221001246,006
BRED OF TRUST
(Continued} Paige s
right to the appointment of a receiver shell exist whether or not the apparent villus of the Property exceeds the
indebtedness by a substaridtl amount, Employment by Lander shell not disqualify a person from serving es a
receiver.
Tenancy at BuNoronca. if Grantor remains in possession of the Property after the Prapony is Sold es provided
above of Lender otherwise becomes entitled to possession of the Prop" upon datsult of Grantor, Grantor shall
become a tenant at sutioni eo of Lander Or the purchaser Of the Property and shell, at Lender's option, either "I
Pay a reasonable rental for the use of it* Property, or (2) vacate the Property immediately upon the demand of
Lender.
Other Remedies. Trusses or Lander shell hove any other right or remedy provided In this peed at Trust or the Note
or available at law or In equity,
Notice of Bah. Lender shell glue GrentOf reasonable nodoo of the time and place of any public Bala of the Personal
Property or of the time after which any private sale at other intended disposition of the Psnonal Property Is w be
made. Reasonable notice shell mean notice given at least tan 1101 days before the lima o1 the Pala or dlopoeition.
Any sole of the Personal Property may be made In conjunction with any sale of the Reel Property.
Sato of the Prepa ". To the extent permitted by applicable law, Grantor hereby waives any and no rights to have
the Properly marshalled. In exorcising he rights and remedies, the Trustee or Lender shall be hes to sell all or any
part of the Property together or separately, in one sale or by separate sales. Lender shall be Antitled to bid at any
public sale on all or any pardon of the Property.
Attar, eys' Pees, Espsnsm. if Lender Institutes any suit or action to enforce any of the terms of this Dead Of
Trust, Lender shelf be anthfad to rocavor such sum as the court may adludge reesoneble as attorneys' teen at trial
and upon any appeal. Vilhather or not any court aetlon Is Involved, and Id the extent not prohibited by law, all
reasonable expenses Lander Incurs that In Lander's opinion are necessary At arty time lar the protection of Its
Intefaal or the emoraemtrt of its rights shoo become a pan of the indebtedness payable on demand and shall beer
Interest II the Note rote from tits data of the axponcilture until repaid. Ex ionsu covered by this paragraph Include,
without ibnitatlon, however subject to any fimlls under applicable law, Lender's attorneys' logs and Lender's legal
expanses, whether or not there is a lawsuit, inchrWng attorneys' face and expenses for bankruptcy proceedings
(Including efforts to modify of vacate any suiomatic stay or Irgunctlonl, appeals, and any anticipated post-ludgment
collection surview, the oast at searching records, obtaining dda reports flrtaluding loreclosure repor161, surveyors'
reports, and appralsal teen, title insurance, and less for the Trustee, to the extent permitted by applicable law.
Grantor also will pay any court costs, In adddlon to an other sums provided by law,
Rights of Tnortse. Trustee shall have all of the rights and dudes of Lertder as sat forth In this seollon,
POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obilgatlons of Trustee
(pursuant to Landers Insmotlons) are part of We Deed of Trust:
POwors of Truster. In addition to all powers of Trustee &rising as a matter of law, Trustee shall have the power to
take the fallowing Nations with respect to the Property upon the written request Of Lander and Grantor: Is) Join In
preparing end filing a map or plat of the Real Property, Including the dedication of street& or other rights to the
subordinationpublla� 4b) attQ butter ogreemerantkV ennt affea�ting this Deed e creatingnt or Trust ortiny the interest of Lendan th er errunde Property;
DaDeedand lof Taut n In any
Obligatlons to Notify. Trustee shell not be obfigaled to notify any curer party of a pending sole under erw other
trust deed or gent, or of any action or proceeding In which Grantor, Lender, of Trustee shall bo a party, unless
required by applicable law, or unless the action or procesd "ll Is brought by Trustee.
Trustee. T usm shall meet NO quagfloatiore required for Trustee under epplicablc low, In addition to the rights
and romadlea tet forth above, wlih respect to all or any pen of the Property, the
ru ese shell
have I olttthe
est to
cht to
ase by naUco and solo, and Lander shell haw the right to foreclose by judicial
saoordance with and to ttta full extent provldod by applicable law,
Sucaosaon Trustee. Larder, at Landar's option, may Iron time to time Appoint a successor Trustee to any Truitt@
appointed under thin Deed of Trust by an Instrument executad and acknowledged by Lander And rooardad In the
office ettoref tho required by yastele law, the nemoareof the riginal Lender,The
Tru.r, and Grent shall
ontor, tihe ibookaddition
other
arid Page or
Auditor's File Number whore UAe Deed Of Trust Is recorded, and tine none and oddreas of the successor trustee,
and the Instrument shop be sicoauted and acknowledged by Lander or Its aucooPo prredindrurmiarThed upon
arooll. The successor
wer,
trustee, without conveyance of the Property, shall succeed to all the title, pp
Trustee In It" Deed of Trust and by applicable law. This procedure for substitution of Trustee shall govern to the
exclusion of all other provisions for substitution,
NOTICES. Subject to'eppllcable law, and except for notice required or allowed by low tO be given in another manner,
annoticey
of sale shell be givenn under this Deed InwriWg, and shall
True,, ofta� when awitctuallimitation ly delivered, when notiacttualllygreceiveedll. and abbyy
teletaasknllo Itadan otherwise required by lawl, whan deposited with a nationally mcognixed overnight Aaurler, ar, If
mailed, when dopaaltod In the United Stores mall, as first clogs, certified or reglatsred mall postage prepaid, directed to
the addresses shown rear the bagfnntng of this Deed of Trust. All copies of n011004 of foreclosure from tho holder of
any lien which has p &dty over this Deed Of Trust shalt be cam to Landoes address, as shown now the beginning of
this Deed of Trust. Any party may change Its address for nolaoSs under this Deed of Trust by giving formal written
notice to the other partial, specifying that the purpose of the notice In to change the party's address. For notice
purposes, Grantor agrees to keep Lender Informed at all lines of Grantor's current address. Subject to applicable law,
end oxcopt for notice required of allowed by law to be given In another menrtar, II there Is more than ono Grantor, any
notice glean by LenclAr to any Grantor Is deemed w be notice given to all Grantors.
MISCELLANEOUS PROVISIONS. The following mlAcailerteous provisions are a pan or this Deed of Trust:
Amandmems. This Deed at Trust, together with any Related Documents, constitutes the entire undaretending and
agrogment of the parties es to the matter eat forth In this Deed of Trust. No alteration of or anwndmont to this
Deed of Trust shall be effective unless given In writing and signed by the party or parties sought to be charged Or
bound by the altdration or amandmant.
Annual Reports.:It tho Prop&ny Is used for purposes other than Grantor's residence, Grantor shall furnish to
Lander, upon request, a carolled MORM-tint 01 net openeting Income received from the Property during Grantor's
previous fiscal year In such form end detall as Lender shall require. 'Net operating Income" shall mean oil cash
receipts from the Property loss all cash expenditures mads In connection with the operation of the Property.
Caption Hearings. Caption headings in, this Deed of Trust are for convenience purposes only and me not to be
used to interpret or define the provisions of this Deed of Trust.
Merger. There shell be no merger of the Interest or estate created by file Deed of Trust with any other interest or
20071221001246.007
DEED OF TRUST
(Continued) Page 7
:It
In the property at arty time held by or icer the benefit of Lander In any capacity, widw the written consent
of Lender.
Governing Law. This Dead of Trust will be govornsd by fedwal law applicable to Lander and, to the extent not
prompted by federal law. the fern at the Stab of Washington without regard to its contacts at law p90vhlenm.
This Deed of Trust hem been accepted by Lander In the Stats of Woohinpbn.
Choice of Venus. 11 there Is a Iswsuh, Grantor agrees upon Lender's raquast to submit to the Iraisdlctlan of the
courts Of King County, State of Washington.
No Welvr by Lendw. Lender shall nat be deemed to have waived any rights under this Deed of Trust unless surah
waiver Is given In wrldng and Mgned by Lender. No delay at emission on the pan of Lander 1n exercising any right
shell opwoto to a waiver of such right or any other right. A waiver by Lender of a provieaon of this Deed of Trust
shoe not prmjdloe or conelhute a waiver of Lender's right otherwise to demand otriat compliance with that
provision or arty other provision of this Deed of Trust. No prior waiver by Larder, nor any course of dealing
between lander and Grantor, shell aonailtute a waterer of any of Larder's rights or of any of Grantor's obligations
as to env future tronsootions. Whenever the consent of Lander is required under this Deed of TruaL the granting
of such consent by Lander In any Instance shag not constluts wrronuing consent to subsequent Instances whore
such consent Is required and In so ones such consent may be granted or withheid In the sole discretion of lander.
Soverebltlty. If It court of compabnt Jurledialion finds any provision of this Dead of Trust to be illegal, Invalid, or
unenforceable as to any circumstance, that finding shall not make the offending provision Illegal, invalid, or
unenforceable as to any other circumstance.. If feasible, the offending provision shag be consideredmodllled mo
that it becomes legal, valid and enforceable. If the offending prevision am=% be so madMed, it shalt be
considered deleted from this Died of Trust. LWass otherwise required by tow, the Illegality, Invalidity, or
unanloroeebility of any provision of this Deed of Trust shag not effect the legality, validity or enforceablety of any
other provision of this Nod of Trot.
suaeessms and Apolunil, Subject to any limitations stated in this Dead at Trust on transfer at Grantor's intare*L
this Deed of Trust shall be binding upon and huge to the benefit of the parties, their auocasaors and "signs- II
owfgrshlp at the Property becomes vested In a person other then Grantor, Lender, without notice to Grantor, may
deal with Grantor's suaoeasors with reference to this Deed of Trust and the Indebtednasm by way of forbearance or
extenolon without releasing Grantor from the obligations of this Dead of Trust 0.
gability under the Indebtedness.
Time'le of The Essence. Time Is of the essence In the perfermenea of this Deed of Trust.
Welvor of HorrmatoW Exeripton. Grantor hereby rafaaeas and waives all rights and benefice of the homestead
exemption laws of the State of Washington as to all Indebtedness @poured by tris Dead of Trust,
DEFINITIONS, The following capitalized words and teras shall have the following meanings when used In this Decd of
Trust. Unless specifically stated to the contrary, all references to dollar amounts stall mean amounts in lawful money
of the Uhhed States of Amerloo. Words end terms used In the singular ahpil include the plural, orb the plural shall
Include the singular, as the context may requke. Words snd terms net otherwise defined In this Nod of Trust shell
have the meanings avributsd to such forme In the Uniform Commercial Code:
Senetkisry. The ward 't)snellciary' means Frontier Sank and Its successors and assigns.
Bormwr. The word "Borrower' means O'FARRELL PROPERTIES, L.L.C. and Includes all co-signers and co -makers
algning the Nob and all their successors and assigns.
Deed of Trust. The words "Deed of Trust" meat this Deed of Trust among Grantor, Lander, and Trustee, and
Includes w1thout-11miladon all assigrvhent end security Intasst provlelone rotating to the Personal Property and
Rents.
DefaWt. The word "Default" means the Default eat forth In this Dead of Trust In the section tied '0efouIC.
Event of Oaftni t. no words "Event of Default" mean any of the events of detmot sat forth In This Dead of Trust In
the events of default section of this Deed of Trust.
Grantor. Tho wad "Grantor" moans O'FARRELL PROPERTIES, L.L.C..
Guarantor. The word "Guaantaf' meats any guarantor, surety, or accommodetfan party of any or all of the
Indebtsdness,
Gusretntr. The ward 'Guannty' means the guaranty from Gtwrentor to Lender. Including without gmItadon s
guaranty of so or pan of the Net*.
Improwmartts. The word "improvements" means el existing and future Improvements, buildings, structures,
mobile homom affixed on the Rad Property, fact illus, addition@, replacammte and other construction an the Real
Property.
brdebtedneim. The word "indebtedness" means all principal. ImerasL and other amounts, costs end Monves
payable tender the Note or. Related DOou amts, together with ore renewals of, extensions of, modifications of,
consofidadonm of and @ubstltutlans tot tits Note or Related Documents and any amourde expended or advanced by
Lsndor to dlscherge Grantor's obligations of expenses Incurred by Trustee or Lander to enforce Grantor's
obligations under this Deed of Trust, together with interest on much amounts as provided In this Deed at Trust.
Lender. The word 'Lander' moans Frontier Sank, Its oucceaaors and assigns.
Note: The word 'Note' means the promissory nota dated Doeembsr 21, 2007, In the original principal
amount of 42,360,000.00 'rpm Grantor to Lender, together with ail renewals at, extensions of.
modifications of, refinancings al, consolidations at, and substitutions for the promissory note or agrosnwrit.
Psrsored Property, The words 'Personal Property' moon so equipment, fixtures, end other articles of personal
property new or hereafter owned by Grantor, and now or henaftw attached or affixed to the Rsal Property:
together with all socesalons, parts, and additions to, all replacement@ of, and 1111 subadtudoom (or, any of such
property; and together with all Issues and proflto thereon and proceeds linclodinp without limitation all imurance
prouaeds and refunds of premiums) from any Sala or other dispooldon Of the Property.
Property, The word 'Property' means collectively the Real property snd the Personal Property.
Roel Progeny. The words "Real prepenv" mean the net property, interests and dghtsr as tunhor described In this
Dead at Trust.
Rslatsd Documents. The words "Related Documents' mean all promissory notes, credit agreement., loan
agragments, guarontloe, security agreements, mortgages, deeds of trust, mecurity deeds, collateral mortgages, and
all other Irntrumsnts, agmaments end documents, whether now or hereafter existing, executed in connection with
the indebtailnoss; provided, that the environmental Indemnity agreements are not 'Related Documents" and are
not secured by this Deed o1 Trust,
20071221001246.008
DEED OF TRUST
(Continued) page e
Rarrts. The word 'Rants" ma Ma ail pretant and fume rents, revenues, Income, Issues, royalties, probes, and
other barrefits derived Irom the Property.
Trustee, The word 'Trusts*' moons Trananollon Title Comparry, whose mailing address Is 601 Union Square,
Sulto 1100, Seattle, WA 88101 and any substitute or successor trusteed.
GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF TMD DEED OF TRUST, AND GRANTOR
AGREES TO ITS TERMS.
GRANTOR:
O -PAR MI. PROPERTIED, L.L.C.
By;
e goer ar ERTiE . , .
CORPORATE ACKNOWLEDGMENT
STATE OF
COuNTy OF
On this 2A* day of - in
Notary Pu fic, personally appeared (mm7
OTARRELL PROPERTIES, L.L.C., and persona
be an authorized agent at the corporation that
the free! and voluntary act and deed of tho It
directare. for the usu and purposes theraln
Dowd of Trust and In tact snouted the Deed
By . I yj w
V40%
Not h 1%. w Ala $talo of Wk
I
188
20 before me, the undersigned
flytb►Y. _ _ of
or prove to m* on the osis a1 sat dfentvey avldonae to
Go of Trust and eaknowladgsd the Dead of Trust to be
ty of its 8ylswa or by resolution of Its board of
ted that he or she is euth0I 10 axscuta tate
oration.
C Residing of .�uL*, W6
s My cortunission expgas S -►H -o
REQUEST FOR FULL RECONVEYANCE
To: , Traatee
of Trust. You art
req sled, upon Is the payment of loll surra cr owing to you, to recornay without er of all Indobtadnoors mmntyby �rophhpef■ ns entitled thereto, hereby
requested, upon pay g
right, Ude and Interest now held by you under the Deed of Trust.
Deco, Bonelklery
By:
its:
LASER WEIa tp, Ver.VVA CAUFRI.PW301-FC TR.47885 PR-COMLRLOC 007. A g to eaerva .
EXHIBIT "A"
PARCEL A:
20071221001246.009
Order No. RT -11252598
THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTIiWESTQUARTER, AND OF
GOVERNMENT LOT 4, S€C1TON 16, TOWNSHIP 23 NOATH, RANGE 5 EAST, W.M., DESCRIBED AS
FOLLOWS:
BEGINNING AT THE QUARTER CORNER ON THE WEST BOUNDARY LINE OF SAID SECTION 18;
THENCE NORTH 89'03'07" EAST ALONG THE EAST -WEST CENTERLINE OF SAID SECTION, A
DISTANCE OF 2,177.12 FEET TO AN INTERSECTION WITH THE EASTERLY MARGIN OF COUNTY
ROAD ND. 60 (ALSO KNOWN AS 910 AVENUE SOUTH);
THENCE ALONG SAID EASTERLY MARGIN NORTH 11905'23' EAST A DISTANCE: OF 96.46 FEET TO .
AN INTERSECTION WIN TH E NORTHERLY MARGIN OF CEDAR RIVER PIPELINE RIGHT OF WAY;
THENCE CONTINUING ALONG SAID EASTERLY MARGIN NORTH 11005.23" EAST A DISTANCE OF
413.12 FEET TO A POINT ON A LINE 406 FEET NORTH OF AND PARALLEL WITH THE NORTHERLY
MARGIN OF SAID PIPELINE RIGHT-OF-WAY;
THENCE SOUTH 89233'37' EAST, A DISTANCE OF 133.97 FEET TO THE TRUE POINT OF
BEGINNING;
THENCE NORTH 00026'23' EAST, A DISTANCE OF 155,59 FEET TO THE SOUTHERLY MARGIN OF
SOUTHWEST VICTORIA STREET (ALSO KNOWN AS SOUTH 133"* PLACE) 29 FEET IN WIDTH;
THENCE EAST ALONG SAID SOUTHERLY MARGIN A DISTANCE OF 117 FEET, MORE OR LESS, TO
THE WESTERLY MARGIN OF THE D.C. MITCHELL ROAD;
THENCE SOUTH ALONG SAID WESTERLY MARGIN TO AN INTERSECTION WITH A LINE THAT SEARS
SOUTH 89133'37" EAST FROM THE TRUE POINT OF BEGINNING;
THENCE NORTH 89433'37" WEST TO THE TRUE POINT OF BEGINNING;
PARCEL B.
THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER AND OF
GOVERNMENT LOT 4 IN SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., DESrFUSED AS
FOLLOWS:
BEGINNING AT THE POINT OF INTERSECTION OF THE WESTERLY MARGIN OF THE D.C. MITCHELL
ROAD WITH THE NORTHERLY MARGIN OF THE CITY OF SEATTLE CEDAR RIVER PIPELINE RIGHT.
OF -WAY;
THENCE NORTH 02.18'49' EAST 200,D2 FEET;
THENCE NORTH 89'51'11' WEST PARALLEL WITH SAID NORTHERLY MARGIN 2.77 FEET TO A
POINT ON THE WESTERLY MARGIN OF RAINIER AVENUE SOUTH (STATE HIGHWAY NO. 5), SAID
MARGIN BEING A 5,68D,30 FOOT RADIUS CURVE CONCAVE TO THE WEST, A RADIAL AT SAID
POINT BEARING NORTH 89'18'32" WEST, SAID POINT BEING THE TRUE POINT OF BEGINNING;
THENCE CONTINUING NORTH 89'51'11' WEST, 156.11 FEET;
THENCE NORTH 06'3249' EAST SO.32 FEET;
THENCE NORTH 89.51'11' WEST 13.66 FEET TO A POINT 128.40 FEET EASTERLY (AS MEASURED
ALONG A LINE PARALLEL WITH SAID CEDAR RIVER PIPELINE RIGHT-OF-WAY) FROM THE
EASTERLY MARGIN OF 91STAVENUE SOUTH (RAINIER BOULEVARD) AS LOCATED IN COUNTY
SURVEY NO. 197 %, 3ANUARY 1909;
THENCE NORTH 06132'49' EAST 157.14 FEET TO THE NORTHWEST CORNER OF THAT TRACT OF
LAND CONVEYED BY DEED RECORDED UNDER RECORDING NO, 6469261;
20071221001246.010
Order No. RT -11152596
EXHIBIT "A" - Corthnusd
THENCE SOUTH $9152'13' EAST ALONG THE NORTH LINE THEREOF 144.28 FEET TO SAID
WESTERLY MARGIN OF RAINIER AVENUE SOUTH (STATE HIGHWAY NO. 5);
THENCE SOUTHERLY ALONG SAID WESTERLY MARGIN AN ARC DISTANCE OF 206.24 FEET TO THE
TRUE POINT OF BEGINNING;
PARCEL C:
THAT PORTION OF GOVERNMENT LOT 4 AND OF THE SOUTHEAST 'A OF THE NORTHWEST K OF
SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M,, DESCPJ69DAS FOLLOWS:
BEGINNING AT THE POINT OF INTERSECTION OF THE WESTERLY MARGIN OF THE D,C. MITCHELL
COUNTY ROAD (RAINIER AVENUE SOUTH) WITH THE NORTHERLY MARGIN OF THE CITY OF
SEATTLE CEDAR RIVER PIPE LINE RIGHT-OF-WAY,
THENCE NORTH 02" 7$'49" FAST 200.02 FEET;
THENCE NORTH 690 51' I1" WEST 2.97 FEET TO THE WESTERLY MARGIN OF STATE HIGHWAY N0.
5 (RAINIER AVENUE);
THENCE CONTINUING NORTH 896 51' 11' WEST PARALLEL TO SAID PIPE LIN E RIGHT-OF-WAY, A
DISTANCE DP 156.11 FEET TO THE TRUE POINT OF BEGINNING OF THE TRACT HEREIN
DESCRIBED;
THENCE NORTH 069 32'4V : EAST $0.32 FEET,'
THENCE NORTH 896 51' 11" WEST 143.50 FEET TD THE EAST MARGIN OF 91ST AVENUE SOUTH,
FORMERLY COUNTY ROAD;
THENCE SOUTH 100 50' 46" WWr 50.88 FEET;
THENCE SOUTM 69" 51' 11' EAST 147.30 FEET TO THE TRUE POINT OF BEGINNING;
PARCEL D:
THAT PORTION OF THE SOUTHEAST % OF THE NORTHWEST % OF SECTION 18, TOWNSHIP 23
NORTH, RANGE S EAST W,M., DESCRIBED AS FOLLOWS:
BEGINNING AT THE POINT OF INTERSECTION OF THE WESTERLY MARGIN OF THE D.C. MITCHELL
COUNTY ROAD, WITH THE NORTHERLY MARGIN OF THE CEDAR RIVER PIPE LINE RIGHT-OF•WAY;
THENCE NORTH 02° 18'49' EAST 275,02 FEET;
THENCE NORTH 890 51' 1I"WEST AND PARALLEL WITH SAID PI PE LINE RIGHT-OF-WAY, 3.42
FEET TO THE WeMRLY MARGIN OF STATE HIGHWAY NO. 5;
THENCE NORTHERLY ALONG SAID WESTERLY MARGIN OF SAID OF STATE HIGHWAY NO. 5, A
DISTANCE OF 75,01 FEET, MORE OR LESS, TO THE NORTHEAST CORNER OF THAT CERTAIN TRACE
OF LAND CONVEYED BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 2716165;
THENCE WEST ALONG THE NORTH LINE OF THAT CERTAIN TRACT 163.04 FEET TO THE TRUE
POINT OF BEGINNING;
THENCE SOUTH 06'32'49" WEST TO INTERSECT THE NORTH LINE OF THAT CERTAIN TRACT OF
LAND AS CONVEYED BY DEED RECORDED UNDER KING COUNTY RECORDING NO, 4018280;
THENCE WEST ALONG SAID NORTH LINE, 120,40 FEET TO THE EASTERLY MARGIN OF HARDIE
AVENUE SOUTHWEST,
THENCE NORTHERLY ALONG SAID EASTERLY MARGIN, 101. 7S FEET TO THE NORTH LINE OF SAID
CERTAIN TRACT OF LAND, RECORDED UNDER KING COUNTY RECORDING NO. 2716165;
THENCE FAST ALONG SAID NORTH LINE 120.0 1, FEET TO THE TRUE POINT OF BEGINNING;
EXHIBIT "A" " Continued
PARCEL E:
20071221001246.011
Order No. RT -11151594
THAT PORTION OF THE SOUTHEAST % OF THE NORTHWEST % OF SECTION 18, TOWNSHIP 23
NORTH, RANGE 5 EAST, W. M., DESCRIBED AS FOLLOWS;
BEGINNING AT THE WEST T4 CORNER OF SAID SECTION;
THENCE NORTH 891103'07" EAST, ALONG THE EASTAND WEST CENTER LINE OF SAID SECTTON,
2,177,12 FEET TO THE EASTERLY LINE OF 915'AVENUE SOUTH (HARDIE AVENUE SW);
THENCE, ALONG SAID AVENUE UNE, NORTH 11°05'23" EAST 509.58 FEET TO THE TRUE POINT OF
BEGINNING;
THENCE SOUTH 8963317" WEST 133.97 FEET;
THENCE NORTH 00026'23" EAST 75 FEET;
THENCE NORTH 5963337" WEST 119.86 FEET TO THE EASTERLY UNE OF 91'T AVENUE SOUTH
(HARDIE AVENUE SW);;
THENCE SOUTH 11605123" WEST 76.31 FEETTO THE TRUE POINT OF BEGINNING;
PARCEL F:
THAT PORTION OF THE SOUTHEAST 14 OF THE NORTHWEST LA AND OF GOVERNMENT LOT 4 IN
SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, W,M., DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE FASnRLY MARGIN Of 915 AYENUE SOUTH (ALSO KNOWN AS
HARDIE AVENUE SOUTHWEST), WHICH 15 83.0 FEET NORTH OF THE CENTER OF THE CEDAR
RIVER PIPE LINE RIGHT-OF-WAY, SAID POINT ALSO BEING 2,206 EAST AND 334,2 NORTH OF THE
WEST I6 CORNER OF SAID SECTION=
THENCE NORTH 1005045" EAST, ALONG SAID EASTERLY MARGIN, 362,2 FEET TO THE TRUE
POINT OF BEGINNING;
THENCE SOUTH 8904646" EAST 275 FEET, MORE OR LESS, TO THE WESTERLY MARGIN OF D.C.
MITCHELL ROAD (ALSO KNOWN AS RAINIER AVENUE SOUTH);
THENCE SOUTHERLY, ALONG SAID WESTERLY MARGIN, 58,76 FEET, MORE OR LESS, TO THE
NORTHEAST CORNER OF THAT CERTAIN TRACT OF LAND CONVEYED TO JOE POPOVIC BY
INSTRUMENT RECORDED UNDER KING COUNTY RECORDING NO. 2715165;
THENCE WEST, ALONG THE NORTH LINE OF SAID CERTAIN TRACT, 284 FEET, MOM OR LESS, TO
THE EASTERLY OF 91" AVENUE SOUTH (ALSO KNOWN AS HARDIE AVENUE SOUTHWEST];
THENCE NORTH ID"50'45" EAST, ALONG SAID EASTERLY MARGIN, 59,33 FEET, MORE OR LESS,
TO THE TRUE POINT OF BEGINNING;
EXCEPT THAT PORTION THEREOF LYING EASTERLY OFTHE NORTHEASTERLY PROJECTION OF
THAT CERTAIN LINE BEARING NORTH 06°3249" EAST AND 100,63 FEET IN LENGTH, AS
DESCRIBED IN AN INSTRUMENT RECORDED UNDER KING COUNTY RECORDING NO, 4008563;
ALL SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON.
f
RETURN ADDRESS:
Frontier Bank
Duvall
15305 Maln Bum NE
1'0 Box 700
Dwell, WA 58018
20071221001247.001
City of Rento
nnl�g ol�,S,o,.��'
AUG 2 i joaq
§We(0e§
VZnD
If //o?lg1r ASSIGNMENT OF RENTS 9)%y
Reference # (if appilooblel: DUVA X - Or o T- 1 6 9&dditional on page
Grantor(e):
1. OTARRELL PROPERTIES, L.L.C.
orantee(s)
1. Frontier Bank
Legal DBacriptlon. PINS BE 114 NW 114 STR 18-23-05E TAX LOTS 9011,9082, 9122, 9181,
9120 & 9012
Additional on page 2
Assessor's82305-9122 (PARCEL I )
C, 1 82305-9 881 1 (PARCELL 2
D), 182305-91
1 0 {PARCEL E),
182305.8012 (PARCEL FI
THIS ASSIGNMENT OF RENTS dated December 21, 2007, Is made and executed between
O'FARRELL PROPERTIES, L.L.C., a Washington Limited Liability Company, whose address le
P,O. BOX 7803, COVINGTON, WA 98042 (referred to below as "Orantor") and Frontier Bwk,
whose malllnp address is 15305 Main Street NE, PO Box 700, Duvall, WA 88018 (referred to
below as "Lender").
FRED FOR RECORD
AT THE RE0UE81' OF
LandAmeaca
Commercial services
20071221001247.002
ASSIGNMENT OF RENTS
(Continued) Page 2
ASSIGNMENT. For valuable consideration. Grantor hereby assigns, grants a continuing security
interest In, and convoys to Lander all of Grantor's right, tide, and Interest In and to the Rents
from the following described Property located in KING county, State of Washington:
See Exhlbit A, which Is ottachod to this Assignment and made a part of this Assignment as
if fully set forth herein.
The Property or its address' is commonly known as 155 & 178 RAINIER AVE S. AND 188,
188, 178, & 180 HARDIE AVE SW, RENTON, WA 98055. The Property teat identification
number Is 182305-9011 (PARCEL AI, 182305-9082 (PARCELS), 182305-9122 (PARCEL C),
182305.9181 (PARCEL DI, 182305-9120 (PARCEL EI, 182305.9012 (PARCEL F).
THI8 ASSIGNMENT 18 GIVEN TO eECURE III PAYMENT OF THE ENDESTEDNR.SS AND 121 PERFORMANCE OF ANY
AND ALL OBLIGATIONS OF GRANTOR UNDER THE NOTE, THIS ASSIGNMENT, AND THE RELATED DOCUMENTS.
THIS ASSIONMEW IS OWEN AND ACCEPTED ON THE FOLLOWING TERNIM
PAYMENT AND PERFORMANCE. Except ea otherwise provided In this Assignment of any Related Documents, Grantor
shell pay to Lender all emounte wowed by this Assignment 44 they become due, and hall strictly perform es' of
Grantor's obligations under this Aasgnm:nt. Unless and until Larder exorcises Its Tight to collect the Rama as provided
below and so forty ss thea is no default under two Assignment, Grantor may remain M possession and control of and
operate and menage the Property and collect the Rants, provided that the grenting of the right to collect the Rents shall
not aorretltute Lender's consent to the use of cash eollatmal In a bankruptcy proceeding.
GRANTOR'S REPREeEN'TATIONS AND WARRANTIES, Grantor warrants that:
Ownership. Grantor is entitled to receive the Rents fan and Clear of reg fights, bans, hens, encumbrances, end
elapma except as disctoaed to and accepted by Lender In writing.
Right to Assign. Grantor has Thai lull right, power ami euthorhy to Inter Into this Assignment end to ssstgn end
convoy The Rams to Lender.
No'Prior Assignment. Grantor has not previously assigned or convoyed the Rents to any other person by any
their at now ht torp.
No Further Transfer, Grantor will not 11011, assign, encumber, or otherwise dispose of any of Grantor's rights in the
Rants except as pavidad In this Assignment.
LENDl have the right at
default shah RIGHT
how occurred u ddat this Ass1gnm nL two collect Lander
0nd receive lthe Ron% For thistlpurposeaLand Though
given and granted the fallowing rights, powers and suthorityr
ANotice to Tinpma. ssignment and Creating allrRents t be paid directly to Latdersend notices to any and all lononts of or Lender's gent, Property advising them 0f this
Emtm the Property. Lander may enter upon and telco poaaassion of the Property; demand, collect and Too" from
the tenants or from anY other persons liable therefor, eN of the Rents; Institute and carry on all legal proceedings
scenery for the proteatlan of The Property, Including such proceedings as may be nscaesery to recover
possassfon of the Property; Collect the Rents and remove any tenant or tenants or otter persons from the Property.
Malmaln the Property. Lander may enter upon the Property to maintain the Property and keep the same In repair;
to pay tis: pats thereof and of all services of ail employees, Including their equipment, and of all Continuing costs
and expenses of maintaining ileo Property in proper npafr and condition, and also to pay ell taxes, esesesmena end
water udiltios, and the premiums on fire and other Insurance eHrotsd by Lander on the Property.
Cam
Washington act andhelroweil Other Bmay do lows, rules, any
ordinances and eclOreme ts of aliwith
other governmental gState
andes
eHscting the Property.
Lease the Property, Lender may rent or sous the whole at any part a1 the Property for such tem, Cr terms and on
such conditions as Lender may doom apPropriato,
rds no Lander mall doom appoopriale, gither In Lander's
toommeeerA Orantor'a�name, ter o am�age such agent or nd manage the property. Including the 0018"Dn end application of Items.
Oder Ac". Lander may do all such other things and acts with respect to this Property as Lander may deem
appropriate and may act exelush'ely and solely In the place and al0ad of Grantor end to have all at the powers of
Onsm6t for the Pwpwas stated above,
No Regtdaaasm to Act. Lander shell not be re lubod to do env of the toraWng acts or things, and the tett that
Leader shell have perm d one or more of the foregoing acts or things than not require Loader to do any other
spacing act or thing.
APPLICATION OF RENTS. AI ooMi and expenses incurred by Lender In connection with its Property shall be for
Grantor's account and Lender They Pay such costs and expenses from the Renta. Lander, In Ns role discratlon, shall
determine the application of any ennees d all Rents received by It; however, any such Rents received by Lender which are
r undw
haapieedtosuch
candoo"
anot dexprsed tsromltadahe Ranite shed to allbecome a pert of tAll heelndobtsdrsssndituras eseecuadby oby This
Aadgn mom, and 411411 be payable un demand, with Interest at the Note rate tram dote of expenditure until paid.
FULL PERFORMANCE. if Grantor pays all of the Indebtedness when due and otherwise perform$ 411 the obligations
imposed upon Grantor under This AWgnment, the Note, and the Related Documents, Lender shell execute and deliver to
Grantor o suitable satisfaction of this Assignment end sulteblo statements of torminallon of any finenaing statement an
free ovidancing Lander's eOCurlty interest in the Renu end the Property. Arty termination fee required by few shell be
paid by orontor. If permitted by applicable law.
LENPIM'S EXPENDITURES. H any action or praoseding Is commenced that would materially affect Lander's interest In
the of Property
toer It Grantor tons to comply Grantor's failure Lp discchargelth any or pay whelnion Of due any amounts G anter IAssignment or n required to Documents,
dischargeor paynbut
u der
this Assignment or arty Related Documents, Lender on Grantor's behalf may Dirt shall not be obligated tot take any
cation that Lander dooms appropriate, Including but not limited to discharging or paying sit taxes, Rens, security
ancumbeAnces and other claims, at any time
ed
or Inswing, maintaining and preserving the property.
AlllCCe
succhexpendid on tuat IncRents ur0
red orthe paidby andpartV and er for so
sts
futh
20071221001247.003
ASSIGNMENT OF RENTS
(Continued) Pegs 3
purposes will than boor Informal at the ram charged under the Nota from the dole incurred or paid by Lander to the data
of repayment by Grantor. An such expenses will baerme a part of the Indebtedness and, at Landor's option, will IN
be payawo on domand: IS) be added to the balance of the Nate and be apportioned among and be payable with arty
Installmdrtt payments to become due during either Ill the term of any applicable Insurance policy; at 12) the
remaining term of the Nota; or ICI be trooped as I balloon payment which will be due and pay" at the Note's
maturity. The Assignmem oho win secure payment of arose amounts. Such right shall be In addition to ell other rights
and ramsdiw to whish Lender may be entitled upon Default.
DEFAULT. Each of the tollowing, at Lender's option, shall constitute an Event of Default under this Assignment:
Payment Default. Grantor falls to make env payment when due under the Indebtedness.
Other Defauke. Grantor fags to can* with or to perform any other term, obligation, covenant or condition
contained In this Assignment or In any of the Related Documents or to comply with or to perform any term,
abggotion, covenant or condition contained In any other agreement between Lander end Grantor.
Defrult an Gthw Paymsms. Falfure of Grantor within the tlme required by this Assignment to make any payment
for taxes Or Insurance, or any other pWn+ont noccesery to prevent filing of or to affect discharge of any Iden.
Dehuh In Favor of Third Parties. Any guarantor or Grantor defaults under any loan, extension of credit, security
agroumam, purchase or sates agreement, or any Other agreement, in favor of any other creditor or person that mete
meariady affect any of any guaremoeir of Grenror's property or ability to perform their respective. obligations under
this Asslgnmem Of any of the Rotated Doeumarm,
Environmental Defauh. Falhvo of any party to comply with or perform when due any term, obligation, covenant or
condition contained In any onvironrtrontal agreement executed in connection with the P(opoPly.
False Statements, Any warranty, representation or statement made or turnhhod to Lander by Grantor or on
Grantor's bohall under this Aasignmant or the Related Documents Is false or misisodlno in any moterial respect,
either now of at the time made or furnished or becomes false of misleading at any time thereafter.
Detective Collateransatiem. Tette Assignment or any of the Related Documents cusses to be In fug force and effect
{Including Iollui a of any adlaterel document to crmete a vaild and perfected security interest or Iieni at any dme'and
for any reason.
insolvency. The reasolutlon or terndnoll6a of Gramor's existence me a going business, the Insolvency at Grantor,
the appeimnrent of a recoNer for any part of Grantar's property, any assignment for the benefit of crvdkors, any
type of creditor workout, or the commwwament Of arty pracesdnp under any bankruptcy or Insolvency laws by or
against Grsmor.
Credkw or Forfahwe Proaaodings. Cynmeancemant of fareclosure or forfeiture procoadings, whether by judicial
proceeding, sell -help, repossession or any other method, by tiny creditor of Grantor or by any governmental agency
against the Rents or any property securing the Indebtedness. This knaludes s garnishment of arry of Grantor's
accounts, Including deposit ecooums, with Lander. However, this Event of Default shall not apply It there Is e
good faith dispute by Grantor es to the validity or reasonableness at the claim which is the basis of the creditor of
forfeiture proceeding end It -Grantor gives Lander written notice of the creditoror forfeiture proceeding and deposits
with Lender monlu or a surety bond for the creditor or lotfeitura proeseding, in an amount detarminad by Lander,
to its mole discretion, as being an adequate reserve of bond for the disputa.
property Damage or Loss, The Property to lost, stolen, substantially damaged, sold, or borrowed against.
Events Mutating Gowan r. Any of the preceding aysnte occurs with respect to tole Guaremor at any of the
Indvtrtodness or any Guarantor dice or becomes lncompstont, or revokes or disputes the vaedity of, or liabllhy
under, any Guaranty of the Indpbtednsse.
Adverse Change, A material adverse change occurs In Grantor's financial condition, or Lander believes the
prospect of psymont or parformanre of this Indebtedness In impaired.
Cera Provisions. 'If any deloall, other than a default in payment l* curable end if Grantor has not been given a
notice of a breach of the same provision al this Assignment within the preceding twelve 112) months, it may be
curod If Grantor, after receiving written notice from Lender demanding cure of such default: (1) cures the default
within ton (10) dove; or (2) It the cure requires more than ten (10) days, Immediately initiates steps which Lander
dogma In Lender's sole discretion to be auflblant to owe the delouft end thoroatter continues and completes Oil
reasonable and necessary steps sufficient to produce compllanoa as soon as reasonably practical.
RIGHTS AND 11WEDIES ON DEFAULT. Upon the accurranco of any Event at Default end at any time thereafter, Lender
may exercise eery one or owe of the following rights and remedies, In addition to any other rights or remedies provided
by law:
AcicitiIndebtedness mimed tasty duo and payable, includss. Lander ithrill have the ing at any
option peens notice a` Grantor
to ��he the entire
required t
ding ant' prepayment
pay,
Colloot Rants. Lender shall have the right, without notice to Grantor, to take pceaseeion of the Property and
coeval the lions, Including amounts Put duo end unpaid, and apply the not proceeds, over and above Lender's
coats, against the Indebtedness. In furtherance of this d:M Larder shall have all the rights Provided for in the
Lender's Right to Receive and'Crnm
odt Rents Section, above. it the Rents ere collected by Lander, than Grantor
Irrevocably designates Lander es Grantor's attomey-In-feat to endorse Irutrtah+rits received In payment thereof In
the name of Grantor and to nueallato the same and collect the proceado. Payments by tenants or other uaon to
Letxtor In response to Lander's demand shall satisfy the obligations for which the payments are made, whether or
not any proper grounds lot the demand existed. Lender may exercise Its rights under this subparagraph either in
parson, by agent, or through a recelver,
Appoint Receiver. Lander .halt have the right to have a receiver appointed to take possession 01 all or any Pon of
the property, with the power to protect and preserve the Property, to operate the Properly preceding or pending
fordolosure Or cab, and to cogeal the Rants train the Property and apply the proceed*, over and above the coot of
the recstvarshfp,�egainst the Indebtedness. The receiver may serve without bored If permitted by low. Lander's
right ,to trio appointment of a roralver shall sxish whether or not the apparent value of the Property exceeds the
Indebtedness by a substentlel. amount. Employment by Lander shall not disquelity a person Ifom serving as a
receiver.
Other Remedies. Lander shell have eg'rthsr rights and remedies provided In this Assignment at the NOW or by
law.
Ovation of Remedies. Election by Lander to pursue any remedy shell not exclude pursuit of any Other remedy, and
an oleotion to make expenditures or to lake action to perform on obligation of Grantor undo( this Assignment, after
Grantor's failure to perform, shall not effect Lander's right to declare a default and exercise its remedies.
20071221001247.004
ASSIGNMENT OF RENTS
(Continued) Page 4
Attorneys' Foes; Expenses. If Lander Insthutes any suit or action to enforce any of the terms of this Asslgnmont.
Lender shall be entitled to recover such sum as the court may adjudge ionsonaba as attorneys' taco at trial and
upon any appeal, Whether or not any court action is Involved, and to the extent not prohibited by few, all
reasonable expenses Lander Inours that In Lender's opinion ora necessary at any time for the prolaation of Its
interest a the enforcement of Its tights shell become a part of the IndoWadnsss payable on demand and shell bear
interest at the Note rate from the date of the expenditure until repaid. Expenses covered by TN* paragraph Include,
Without Ifmltatlonr however subject to any Nrnits under, applicable low, Lander'* attorneys' leas end Lander's legal
expenses, whether or not there is a lawsuit, Inofuding ettomaye' fees and expernes for bankruptcy proceedings
(including oftarts to mWihv or vaaale any automatic stay or Injunction), appeals, and arty anticipated poel•judgmertt
collaetlan services, rho cost of ssarehing records, obtaining 11116 reports lincluding foreclosure reports), surveyors'
reports, and appraisal less, bite insurance, seed fees for the Trustee, to the extent permitted by applicable ase.
Grenlor also W11 pay any court 'costs, In addition to all other sums provided by law.
MISCELLANEOUS PROVISIONS. The following mtacegMeow provlstoro are a part of this Assignmsm;
Amendments, This Assignment, together with arty Rotated DOcumants, oanstitutes the entire understanding and
agraament of the parties ere to the matters set forth In this Assignment. No afteratlon of or amendment to this
Assignment shell be effective unless given In writing and signed by the party or ponles sought to be charged or
bound by the atteredon or amendment.
to Interpret Hi ori d Ilns the on headings n theis Aga) genont are for convenience purposes only and era not to be used
Gevemirtg Law. This Asefgnmsm will be governed by federal few appiiaeble to Lander and. to the Warn not
prawMad by federal tow, the Lava of the Stara of Washktgmn without regard to ids oonnicu of few provisions.
This Asslgranerrt hate been accepted by Lender In rho State of Washington.
Chelate at Venue. If there Is a Iawsult,.Gramor agrees upon Lender's toques% to aubmit to tea jurisdiction of the
courts of King County, State of Washington.
Merger. There shall be no merger of the Interest or estate created by this assignment with any otter Interest or
estate In the Properly at any time hold by or lot the befit of Lander in any capacity, without the written consent
of Lander.
ftetseplewlon. (1) In all cases where there is mora than one Borrower ter Grantor, then all words used In this
Assignment in Ifo singular atoll be daamod to have been used In the plural where the aarttoxt and construction sic
require. (2) If more than one person signs this Assignment es 'Grantor,' rite obligations of each Grantor are joint
end several. Ttela means that it Lender brings a lawsuit, Lander may ase any one Of more of the Grantors. If
agrTowjoked Inand Grantor anyawsuit.ere 13)The tantothe same ) given to paragraphs or secenman. Lander need not sue oBorrower this Assignment ars forrneed not convenience
purposes any. They are not to be wed to imerprat at daflne the provislae of thio Assignment.
No Wirivor by Lander. Lender shall not be dtametd to have walved any rights under this Assignment unless such
waivor Is given In writing and signed by Lander. No delay or omission on the part of Lender In exorcizing any right
shag operate as a waiver of such right or any other right. A waiver by Lander of a provision of this Assignment
shall not prejudice or conetilrps a waiver of Lender's right othwwlse to demand sunt compliance with that
provision of any other provision of this Assignraoht. No prior waiver by Lender, nor any course of dealing between
Lander and Grantor, Shall constitute a waiver at any of Lander's rights or of any of Granter's obggadons as to any
future tronsecdons. Whenever the consent of Lender Is required under this Assignment, the granting of such
consent by Lander in any Instance shall not constitute cpatinuing consent to subsequent Instances where such
consent is required and M as on" such consent may be granted or withheld 1n the sole discretion of Lender.
Neches. Subject to applicabfo law, and oxcept for notice required or allowed by law to be given In another
manner, any notice required to be given under this Aeslgmment shall be given in writing, and shall be effective
when actually doliveed, when actually eoolvad by telefaes mile lunless otherwise required by Iawl, when
deposited with a natlone{y r*gognlsed overnight courier, or, it mallod, when deposited In the United States mall, Be
fine.glass, corllRad or ragisterod mag postage prepaid, directed to the addresses shown now the beginning of this
Asslgnnant, Any party may change he adds» for notices under this Assignment by giving lormal wrhlen natio*
to the other partlea, specffYing that the purposa of the notice is tit change the party's address. for notice
purposes, Grantor agrees to hasp Lander Informed an all tines of Grantor's current address. Subject to eppliceWa
Law, and oxcapt for notice required or allowed by law to be given 10 another mentor, if thole is more than as
Grantor, any notice given by Lender to any Grenta Is dammed to be notice given to all Grantors.
convo
ed art
under this A*BlgnmoAt am
granted ter Purposes of seof Attomay. The curityandand may n be evoked by Grang agencies Ind powers at tor until such time asrthe $arta are renounced by
Lender.
Sevorabipty. • 11 a court of competent Ividedicil n finds any provision of this Assignment to fro 1118011, Invalid, or
unahfomeabla as to any clraumstance, that tinting shell not make the attending provision Illegal, Invalid, or
unenforceable as to any other clrcums1ilme. It faasiblm, the oflerdkg provision shall be consldwed modified so
that It becomes Iegel. valid and ontoraeabW if the offending provision cannot be so modified, It shall be
considered delated from this vlear; ofh�Assignment stall notns lse affectp he Legality, validuired try law, ity olrsenfloyrceability of airy
unsnlorceablRN at terry Prov
other provision of this Assignment.
Successor and Asslgns. Subject ro any limitations stated in this Assignment on trenstm at Grsntor'S Interest, this
Asslenment shell be bindlag upon and Inure to the bensfll of the parties, thelr sucoesaws and assigns. If
ownorahlp of the Propany becomes vested In a pwson other than Grantor, Lander, without nodes to Grantor, may
deal with Grantor's succossora with refaronca to this Assignment and the Indebtedness by way Of forbaorance Or
extonahn withma releasing Grantor from the ofrligodone of this Assignment or lability under the Indebtedness.
Time Is of the Essence, Ttno.le of the assoncs in the performance of this Asslgnment.
eyxamp lin awl of the State Ot Wsshington o1stob II Indebtedness secured all
byrights
this A iea gas nand �a of the homestead
Walvw of Right of Redemption. NOTWITHSTANDING ANY OF THE pROVISIONS TO THE CONTRARY
CONTALNED IN THIS ASSIGNMENT, GRANTOR HEREBY WAIVES ANY AND ALL RSGHTS OF REDEMPTION FROM
SALE UNDER ANY ORDER OR JUDGMENT OF FORECLOSURE ON GRANTOR'S BEHALF AND ON BEHALF OF
TEACH AND EVERY ITLE TO E PROPERTY SUBSEQUENT TO THE DATES FORS OF TH S AES GNMENT�CGU{R[NG ANY INTEREST IN OR
OEFIMTIONS, The following capitalbod words and terms shall hove the foaowlg meanings when used In this
maty Assignment. •tree united mates o Amaaa.Words atndrternil Used In Lis* singularashall Inahldo the plural, amounts
thelpl�sl
20071221001247,006
ASSIGNMENT OF RENTS
(Continued) Page a
shall Include the singular, as the context may require. Words and terms not otherwise defined In this Assignment shall
hove the meanings attributed to such terms In the Uniform Commoroial Coda:
Assignment. The word 'Assignment' meara this ASSIGNMENT OF RENTS, as this ASSIGNMENT OF RENTS may
be amended or modified from time to time, together with all exhlbits and schedules attached to this ASSIGNMENT
OF RENTS from time to Uma.
Borrowsr, The word *borrower' means O'FARRELL PROPERTIES, LL.C..
Default. The word 'Default" means the Default set forth In this Assignment in the section titled "Default'.
event of Default. The words -Event at Default' mean any o1 the events of default set forth In this Assignment In
the delsuit section of this Assignment.
Grantor, The word "Grantor" peens O'FARRELL PROPERTIES, L,L,C.,
Guarantor. The word 'Guarantor' means any guammor, surety, or accommodation party of any or all of the
Indebtedness.
Guaranty. The word "Guaranty' means the guaranty from Guarantor to Lander. Including without limitation a
guaranty of of or part of the Note.
Indebtedness. The ward "Indebtedness' means all principal, interest, end other amounts, cools and expenses
payable under the Nate or Relstsd Documents, together with all renewals of, extensions of, madifiaatiene of,
consolidations of and substitutions for the Nate or Related Documents and any amounts expended or advanced by
Lender to discharge Grantor's obligations at expenses Incurred by Lender to enforce Grantor's obligations under
this Assignment, together with Interest on Ruch amounts as provided In this Assignment.
Lender. The word "Lander' moan Frontier {lank its successors and assigns.
Note. The word "Nato' means the promissory note dated December 21, 2007, In the original prindpai
amount of 02,360,000.00 from Grantor to Lender, together with all renewals of, extensions of,
modilloations of, ratInanings of, consolidation of, and substitutions for the promissory note or agreement.
Property. Thu word "Property` means all of Grantor's right, title and interest In and to all the Property as
described in the 'Asalgnmard" section of thle Assignment.
Related Documents. The words 'Related Documants" mean all promissory notes, credit agreements, ban
agreements, environmental agreements, guararttias, security agreements, mortgRgso, deeds of trust, security
deeds, collateral mortgagee, and all other Instruments, agreements and documenta, whether now or hereafter
existing, executed in connactlon with the Indebtedness.
Rents, The ward "Rams' means ON of Grantor's present and future rights, tills and interest in, to and under any
and alt present and future $oases, inaluding, without limitation, all rents, revenue, Income, issues, royalties,
bonuses, accounts mooiveble; cash or security dopoahs, advance rentals, profits and proceeds from the Property,
and other payments and benefits derived or to be derived from such looses of every kind and nature, whether due
now or later, Including without Iimlutlon Orantor's right to enforce such looses and to reeehrs and collect payment
and proceeds ttmesunder,
THE UNDERSIGNED ACKNOWLEDGES HAYING READ ALL THE PROVISIONS OF THIS ASSIGNMENT, AND NOT
PERSONALLY BUT AS AN AUTHORIZED SIGNER. HAS CAUSED THIS ASSIGNMENT TO 8E SIGNED AND EXECUTED
ON BEHALF OF GRANTOR ON DECEMBER 21, 2007,
GRANTOR:
O'FARRELL PROPERTIES, L.L.C.
ay
uthorized Signer for L
CORPORATE ACKNOWLEDGMENT
STATE OF�V ii tiln
COUNTY OF 9jibref.., - ;
On this —V ley of
Notary a o, pereonareonagy appeared
D'FARRELL PROPERTIES, LL.C., and persona
be an authorized agent at the aorporatlon
Assignment to be the free and voluntary eat
its board o1 directors, for the upas end pu
axeeute glia Assignment and In fayI exe 1+
I
IS8
I
20 07 be rs
"or",
o undersigned
Lfof
l to me on Me ea toto
GNMENT OF RENantdanknowlevdgedthe
n, by authority of Its Bylaws or by resolution of
I on oath stated that he of she Is authorized to
of the corporation.
Roodding of Y r
My commission expires i7 '00 _
LASER P LAMM, var. 6.39.00.000 Capr, Harland Financial Solutions. Inc. 1097, 2007, All Rights Resew, -
"A ChCFALPL1G14.FC TR -47869 PR-COMLRLOC
EXHIBIT "A"
PARCEL A:
200771221001247,006
Order No. AT -11152596
THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, AND OF
GOVERNMENT LOT 4, SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., DESCRIBED AS
FOLLOWS:
BEGINNING AT THE QUARTER CORNER ON THE WEST BOUNDARY UNE OF SAID SECTION 18;
THENCE NORTH 89'03'07" EAST ALONG THE EAST -WEST CENTERLINE OF SAID SECTION, A
DISTANCE OF 2,177.12 FEET TO AN INTERSECTION WITH THE EASTERLY MARGIN OF COUNTY
ROAD N0.80 (ALSO KNOWN AS 915T AVENUE SOUTH);
THENCE ALONG SAID EASTERLY MARGIN NORTH 11405'23" EAST A DISTANCE OF 96.46 FEET TO
AN INTERSECTION WITH THE NORTHERLY MARGIN OF CEDAR RIVER PIPELINE RIGHT OF WAY;
THENCE CONTINUING ALONG SAID EASTERLY MARGIN NORTH 11°D5-23' EAST A DISTANCE OF
413.12 FEET TO A POINT ON A LIME 406 FEET NORTH OF AND PARALLEL WITH THE NORInRLY
MARGIN OF SAID PIPELINE RIGHT-OF-WAY;
THENCE SOUTH 89'3337" EAST, A DISTANCE OF 133.97 FEET TO THE TRUE POINT OF
BEGINNING;
THENCE NORTH 001613" EAST, A DISTANCE OF 165.59 FEETTO THE SOUTHERLY MARGIN OF
SOUTHWEST VICTORIA STREET (ALSO KNOWN AS SOUTH 13310 PLACE) 25 FEET IN WIDTH;
THENCE EAST ALONG SAID SOUTHERLY MARGIN A DISTANCE OF 117 FEET, MORE. OR LESS, TO
THE WESTERLY MARGIN OF THE D.C. MITCHELL ROAD;
THENCE.SOUTH ALONG SAID WESTERLY MARGIN TO AN INTERSECTION WITH A LINE THAT BEARS
SOUTH 89'33'37" EAST FROM THE TRUE POINT OF BEGINNING;
THENCE NORTH 8943337° WEST TO THE TRUE POINT OF BEGINNING,
PARCEL H
THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER AND OF
GOVERNMENT LOT 4 IN SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., DESCRIBED AS
FOLLOWS;
BEGINNING ATTHE POINT OFINTERSECTION OF THE WESTERLY MARGIN OF THE D,C, MITCHELL
ROAD WITH THE NORTHERLY MARGIN OF THE CITY OF SEATTLE CEDAR RIVER PIPELINE RIGHT-
OF-WAY,
IGHTOF•WAY,
THENCE NORTH 02018'49" EAST 200.02 FEET;
THENCE NORTH 8905111" WEST PARALLEL WITH SAID NORTHERLY MARGIN 2,77 FEETTO A
POINT ON THE WESTERLY MARGIN OF RAINIER AVENUE SOUTH (STATE HIGHWAY NO. 5), SAID
MARGIN BEING A 5,680.30 FOOT RADIUS CURVE CONCAVE TO THE WEST, A RADIAL AT SAID
POINT 8EARING NORTH 89.28'32" WEST, SAID POINT BEING THE TRUE POINT OF BEGINNING;
THENCE CONTINUING NORTH 89'51'11" WEST, 156.11 FEET;
THENCE NORTH 06.32'49" EAST 50,32 FEET;
THENCE NORTH 89"51'1Ip WEST 13.68 FEET TO A POINT 128.40 FEET EASTERLY (AS MEASURED
ALONG A LINE PARALLEL WITH SAID CEDAR RIVER PIPELINE RIGHT-OF-WAY) FROM THE
EASTERLY MARGIN OF 91ST AVENUE SOUTH (RAINIER BOULEVARD) AS LOCATED IN COUNTY
SURVEY NO, 197 1h, JANUARY 1909;
THENCE NORTH 06432'49" EAST 157.14 FEET TO 7HE NORTHWEST CORNER OF THAT TRACT OF
LAND CONVEYED BY DEED RECORDED UNDER RECORDING NO, 6469261;
20071221001247.007
Order No. RT -11152596
ExH38IT" e - Contintled
THENCE SOUTH 89*52'13' EAST ALONG THE NORTH LINE THEREOF 144,18 FEET TO SAID
WMALY MARGIN OF RAINIER AVENUE SOUTH (STAT!" HIGHWAY NO, 5);
THENCE SOUTHERLY ALONG SAID WESTERLY MARGIN AN ARC DISTANCE OF 206.24 FEET TO THE
TRUE POINT OF BEGINNING;
PARCEL C;
THAT PORTION OF GOVERNMENT LOT 4 AND OF THE SOUTHEAST W OF THE NORTHWEST K OF
SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, W,M„ DESCRIBED AS FOLLOWS;
BEGINNING AT THE POINT Of INTERSECTION OF THE WESTERLY MARGIN OF THE D,C. MITCHELL
COUNTY ROAD (RAINIER AVENUE SOUTH) WITH THE NORTHERLY MARGIN OF THE CITY OF
SEATTLE CEDAR RIVER PIPE LINE RIGHT-OF-WAY;
THENCE NORTH 020 18'49' EAST 20D.02 FEET;
THENCE NORTH 89° 51' 11' WEST 1.97 FEET TO THE WESTERLY MARGIN OF STATE HIGHWAY NO.
5 (RAINIER AVENUE);
THENCE CONTINUING NORTH 89° 51' 11' WEST PARALLEL TO SAID PIPE UNE RIGHT-OF-WAY, A
DISTANCE OF 156.11 FEET TO THE TRUE POINT OF BEGINNING OF THE TRACT HEREIN
DESCRIBED;
THENCE NORTH 06°,32'+19' EAST % 32 FEET;
THENCE NORTH 890 51' ll' WEST 143.50 FEET TO THE EAST MARGIN OF 91ST AVENUE SOUTH,
FORMERLY COUNTY ROAD;
THENCE'SOUTH 10a 50' 46' WEST 50.88 FEET;
THENCE SOUTH 59° 51' 11' EAST 147.30 FEET TO THE TRUE POINT OF BEGINNING;
PARCEL D.,
THAT PORTION OF THE SOUTHEAST % OF THE NORTHWEST 'A OF SECTION 18, TOWNSHIP 23
NORTH, RANGE 5 EAST W.M., DESCRIBED AS FOLLOWS;
BEGINNING ATTHE POINTOF INTERSECTION OFTHE WESTERLY MARGIN OF THE D.C. MITCHELL
COUNTY ROAD, WITH THE NORTHERLY MARGIN OF THE CEDAR RIVER PIPE UNE RrGHT•OF-WAY;
THENCE NORTH 020 10'49' EAST 275.02 FEET;
THENCE NOR'T'H 89° 51' 11' WEST AND PARALLEL WITH SAID PIPE LIN ERIGHT-OF•WAY, 3 02
FEET TO THE WESTERLY MARGIN OF STATE HIGHWAY NO. 5;
THENCE NORTHERLY ALONG SAID WEFMRLY MARGIN OF SAID OFSTATE HIGHWAY NO. 5, A
DISTANCE OF 75,01 FEET, MORE OR LESS, TO THE NORTHEAST CORNER OF THAT CERTAIN TRACT
OF LAND CONVEYED BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 2716165;
THENCE WEST ALONG THE NORTH LINE OF THAT CERTAIN TRACT 163.04 FEET TO THE TRUE
POINT OF BEGINNING;
THENCE SOUTH 06.31'49" WEST TO INTERSECT THE NORTH UNE OF THAT CERTAIN TRACT OF
LAND AS CONVEYED BY DEED RECORDED UNDER KING COUNTY RECORDING N0, 4018280;
THENCE WEST ALONG SAID NORTH LINE, 320.40 FEET TO THE EASTERLY MARGIN OF HARDIE
AVENUE SOUTHWEST;
THENCE NORTHERLY ALONG SAID EASTERLY MARGIN, 10 1. 75 FEET TO THE NORTH LINE OF SAID
CERTAIN TRACTOF LAND, RECORDED UNDER KING COUNTY RECORDING NO. 2716155;
THENCE EAST ALONG SAID NORTH LINE 120.81 FEE r TO THE TRUE POINT OF BEGINNING;
EXHIBIT "A" - Continued
PARCEL E:
20071221001247.008
Order No. RT -11152596
THAT PORTION OF THE SOUTHEAST 'A OF THE NORTHWEST T4 OF SECTION 18, TOWNSHIP 23
NORTH, RANGE 5 EAST, W.M., DESCRISEDAS FOLLOWS:
BEGINNING AT THE WEST T4 CORNER OF SAID SECTION;
THENCE NORTH 89°03'07' EAST, ALONG THE EASTAND WEST CENTER LINE OF SAID SECTTON,
7,177,12 FEET TO THE EASTERLY LINE OF 91'7 AVENUE SOUTH (HARDIE AVENUE 5W);
THENCE, ALONG SAID AVENUE LINE, NORTH 11°03'27" EAST 509.58 FEET TO THE TRUE POINT OF
BEGINNING;
THENCE SOUTH 6903337" WEST 133.97 FEET;
THENCE NORTH 0012613" EAST 75 FEET;
THENCE NORTH 89°33'37" WEST I19.86 FEET TO THE EASTERLY LINE OF 91ST AVENUE SOUTH
(HARDIE AVENUE SW);;
THENCE SOUTH 11°05'23" WEST 76.31 FEET TO71-ETRUE POINT OF BEGINNING;
PARCEL F:
THAT PORTION OF THE SOUTHEAST W OF THE NORTHWEST IA AND OF GOVERNMENT LOT 4 IN
SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., DESCRIBED AS FOLLOWS;
BEGINNING AT A POINT ON THE EASTERLY MARGIN OF 9lyr AVENUE SOUTH (ALSO KNOWN AS
HARDIE AVENUE SOUTHWEST); WHICH IS 83,0 FEET NORTH OF THE CENTER OF THE CEDAR
RIVER PIPE LINE RIGHT-OF-WAY, SAID POINT ALSO BEING 2,205 EAST AND 134.2 NORTH OF THE
WEST % CORNER of SAID SECTION;
THENCE NORTH 10050'45" EAST, ALONG SAID EASTERLY MARGIN, 362.2 Fru TO TETE TRUE
POINT OF BEGINNING;
THENCE SOUTH 8944646" EAST 275 FEET, MORE OR LESS, TO THE WESTERLY MARGIN OF D.C.
MITCHELL ROAD (ALSO KNOWN AS RAINIER AVENUE SOUTH);
THENCE SOUTHERLY, ALONG SAID WESTERLY MARGIN, 50.76 FEET, MORE OR LESS, TO THE
NORTHEAST CORNER OF THAT CERTAIN TRACT OF LAND CONVEYED TO JOE POPOVIC BY
INSTRUMENT RECORDED UNDER KING COUNTY RECORDING NO, 2716165;
THENCE WEST, ALONG THE NORTH LINE OF SAID CERTAIN TRACT, I84 FEET, MORE: OR LESS, TO
THE EASTERLY OF 91s AVENUE SOUTH (ALSO KNOWN AS HARDIE AVENUE SOUTHWEST);
THENCE NORTH 10050145" EAST, ALONG SAID EASTERLY MARGIN, 59.33 FEET, MORE 09 LESS,
TO THE TRUE POINT OF BEGINNING;
EXCEPT THAT PORTION THEREOF LYING EASTERLY OF THE NORTHEASTERLY PROJECTION OF
THAT CERTAIN LINE BEARING NORTH 06°3249" EAST AND 100.63 FEET IN LENGTH, AS
DESCRIBED IN AN INSTRUMENT RECORDCD UNDER KING COUNTY RECORDING NO, 4006583;
ALL 57UATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON.
RETURN ADDRESS:
Frarxhr Bank
Duvatl
158o6 Main Sorest NE
PO Bax 700
ouvall. WA 95019
20071221001248.001
City of Renton
Planning Division
AUS 2 71009
SL S 6 DEED OF TRUST
DATE: December 21, 2007
Reference # (if applicabW: DWV8 X)_(- 8046 nle Order blo.RT 11152 6 (Additlonel on page
Grantor(s):
1. O'FARRELL PROPERTIES, L.L.C.
Grantee(e)
1. Frontier Bank
2. Transnation Title Company, Trustee
Legal Description: PTNS SE 114 NW 114 STR 18.23-05E TAX LOTS 901 1,9082, 9122, 9181,
9120 & 9012
Additional an page 2
Assessor's Tax Parcel I0M 182306-9011 (PARCEL A). 182308-9082 (PARCEL B),
182305.9122 (PARCEL C), 182306-9161 (PARCEL D), 182305-9120 (PARCEL El.
182305-9012 (PARCEL F)
THIS DEED OF TRUST Is dated December 21, 2DD7, among WFARRELL PROPERTIES, L.L.C., a
Washington Limited Liability Company, whose address Is P.D. BOX 7803, COVINGTON, WA
98042 ("Grantor"): Frontier Bank, whose mailing address is Duvall, 15308 Main Street NE, PO
Box 700, Duvall, WA 98019 (referred to below somatimas as "Lender" and sometimes as
"Banaflclery"); and Trananation Title Company, whose malling address Is 601 Union Square,
SuHe 1100, Seattle , WA 98101 (referred to below as "Trustee").
FLED FOR RECORD
AT THE REQUEST OF
WLandAmerica
Commercial Services
20071221001248.002
DEED OF TRUST
iCont(nued) Page 2
CONVEYANCE AND GRAM. For valuable Oonsfdamtian. Gran w convoys to Trustee In trust with power of sats. right
Of entry and pessadedon and far the benefit of Lender as Beneflelany, all Of Grentor'e light, dile, and interest In and to
the following described real proporty, together with all sx(oiing or subsequently erected of affixed buldings,
Improvements and fixtures; oil swerremm, rights of way, and appurtenances; all water, wstor rights and ditch rights
(including stock in utllitism with ditch or Irrigation dghts3l and all other rights, royettles, and pprefile raialino to the real
property, Including without tlmltetlon oil minerals, oil, gas, geothermal and similar matlOra, (the "Real Property")
located in VINO County, State of Washington:
See EXHIBIT A, which Is attached to this Deed of Trust and made a part of this Peed of
Trust as If fully set forth herein.
The Reel Property Or Its address is commonly known as 156 & 178 RAINIER AVE 8, AND 188,
188, 176, & 180 HARDIE AVE 8W, RENTON, WA 88088. The Real Property tax identification
number Is 182306-8011 (PARCEL A), 182308.8082 (PARCEL B}, 182306-8122 (PARCEL C),
182306.9161 (PARCEL 0), 182806.8120 (FARCES. E), 182306-8012 (PARCEL ll
REVOLVINR LINE OF CREDIT. This Dead of Trwt sscurer the indebtedness Inohdbcg. without limitation, a revolving
Ono of credit, with a variable rots of Interest, which obligates Lender to make advanaae to Grantor so long ore Grantor
complies with on the terms of the Note and the One of credit has not been terminated, suspended or convened; the Note
allows negative amorthatlwt. Ftalds may be advanced by Lander, repail and swboequentty readvanced. The unpaid
betanas of the rsvolvhrg ling of credit may at certain times he lower than the Amount shown Or zero. A tors bahwroe
does not temdnate the Ona of credit Or terminate Lendawl obligation to advance funds to Grantor. Thsrafore, the 1191101
this Deed of Trial wilt remain In fun force and of crt nofw(dtstardhrg IMY caro balance,
Gramor hereby assigns ore security to Lender, asi of Grantor's right, title, and Interest In and to all ladles. Rents, and
profits of the Property. This assignment Is recorded In occardanca with RCW 65.08.070; the lien created by this
assignment is Intended to be spealfio, patected and chaste upon the recording of this Deed of Trust. Lander grants to
Grantor a license to collaet the Rotas and profits, which aeon" may be rewkod at Lender's option and shall he
automsdcally revoked upon eoaotsratlon of oil or part of the Indebtedness.
THM DEED OF TRUST. MCLUDINO THE IN THE FIENT19 AND
PERSONAL PROPERTY. 0 03VEN TO ECURB NAI PAYMENT P THE INDEMENT Of Ill AND THE BTEDNESS SECURITY AND EIB( PERFORMANCE OF
ANY AND ALL OBLIGATIONS UNDER THE NOTE. THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS
DEED OP TRUST 16 GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
PAYMENT AND PERFORMANCE.'. El me otherwise provided In this Dead at Trust, Grantor shall pay to Lander sl
amounts secured by this Deed of Trust as they become due, and shall strictly and In a timely manner perform ail Of
Orantor's obligations undo the Note, this Deed of Trust, end the Related Documents.
P088F-SSION AND MAINTENANCE DP THE PROPERTY. Cramer agrees tial Grantor's poseasslon and use of the
Property atoll be governed by the fallowing provIalon:
Possession and Use. Until the acaurrenog of an Event of Default, Grantor may Olt remain In Pee@gssion and
control of the Property; (2) use, operate or manage the Property; and 131 collect the Rants from the Property
privil to a license from Linder to Grantor
following
relate tathe ass of *1 Property or to otherl rt lOn on the Property The Real Pr py e Isnot used principal
for agrioulturel purposes.
Duty to Maintain, Grantor shell maintain the Property In tenantable condillon and promptly perform all repair$,
replacement@, and maintenance nocessafy to Presarva he Volvo.
Nuisance, Waste, Grantor shop not could, conduct or permit any nuisance now C IhrtitirtpPthregeneralityut orf the
stripping o1 or waste on or to the Property or any Portion or the Property.
au and gas),, coed. day, Scoria, aon, grawill not remove, of vel arant tmck products other $rty the without Landt era's prior a k' written consent. (including
Removal of Itaproverrcenta. Grantor shall not demolish or remove any improvements from the Real Property
without Lander's prior written ccraeM. As a condition to the removal of arty Improvements, Lender may require
Grantor to make ornangamems satisfactory to Lender to replace such Improvements with improvements of at least
equal Yetua.
Landow's Right to Enter. Lander and Lender's agents and representative$ may enter upon the R�` at sty at all
nabla
rsa@otimes to attend to Lender's Interests and to Inspect the Res! Property for pure
compliance with rite %arms and condlttons of this Beed of Trust.
Complann with Govern emat Requirements. Grantor shell PraoPtty comply, and shall promptly cause
compliance by all agents, tenants or other par@eru or entitles of every nature whatsoever who ram, loase or
w or hereafter
of erwis of ellrgovammene Properauthty
in applicable, w Ithaoulw ar crcupancy of�the Property, Including without
Ilmhation, the American With Disabilities Act. Grantor may contest In good Ishh any such low, ordinance, or
regulation and withhold compliance during any proceeding, Including appropriate appeals, so long as Grantor hes
notified Lander In writing d, n doing ma rand so re Grantor to Post dequate Nil Or a suretyas, In Lander's solo opinion, abond�eas reasonably
ts in ft
Property are not (ooperdlted, under may regal
satisfactory to Lender, to protea Lader's Imarael.
Duty to Protect. Gramor agreed nolther to abandon or (save unattended the Property. Grantor shall do all other
pots, In addition to those lots sat forth above In this section, which from the character and use of the Property are
reasonably necessary to protect and prosarve the Property.
DUE ON SALE - CONSENT BY LENDER, Lander may, at Lender's option, iA1 dactarg immediately due and payable all
sums scoured by thlo'Daad of Trust Or 101 Ineresso the Interest rete provided for in 0141 Nm NOr other document
avidenaing the Indebtedness andImpose such Other conditions as Lender deems appropriate, upon the sale or transfer.
without Lander's prior written consent, of all ar any part of the Real Property. or any Interest in the Real Property. A
'idle or transfer' mann; on convoyanoa of fleet Property or any right, titre or imorwt In the Reel Propony; whether
legal, bsneficlal or equitable; whether voluntary Or Imrolumaryr whether by outright sole, dead, Installment spin contract,
land contract, contract for deed, Ioasshotd intornt with a term greeter then three (81 Veers, loase-aption contract, or by
sale, assignment or transfer of swill beneficial intareat In or to any land %rust holding title to the Real moperty, or by any
other method of conveyance of an Merest in the Root Property. H any Grantor Is a corporation, partnership or limited
liability company, stock, partnershipnt rwtslor ipcnhed lab(Oty company intorest4 as then case may abe. of much Grantor. However, vothis
20071221001248.003
DEED OF TRUST
(Continued) Page 3
option shall not big exercised by Lander II much exercise to prohibited by todaral low OF by Washington law.
TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are port of this Dead of
Trust:
PayrrpM. Grainer shill pay when due land In all events prior to detinquoncyi oil loxes, special loxes, asseumartts,
oluoges (including water and sawed, flnem and Impositions levied against or on account of the Property, and shall
pay when duo all claims for work done on or for setvicos rendered or material furnished to the Property. Grentor
shall mainialn the Property free of on liens having priority over or equal to the Interest of Lander [elder this Dead of
Trust, except for the Ilan of taxes and essessrtwnts not due, except for the Fnisting Indebtedness mferrad to
below, and except am otherwise provided M this Dead of Trust,
Right to Collagen.' Grantor may wlthhosd payment of any lex. asaemameM, or claim In connsctlon with a good fohh
dispute over the obligation to pay, so long as Lander's Inleroet In the Property to not leopardfzed. If a lion arises or
In food as a rssuh of nonpayment. Grantor shelf whNn filteen 11 SI days after the nen oriaee or, If a Von Is flied,
within fifteen 1151 days after Grantor has notice of the VGng, secure the discharge of the Gen, or 1t rogceated by
Lender, deposit with Lander cash or a sufHolant corporate surety bond or Other security satisfactory to Lender in am
amoum muilldent to discharge the lien plus any costs end attorneys' fees, or other charges that could accrue as e
resull of a foreclosure or sale under the lien. In any contest, Granter shag defend Itself and Lender and shall
satisfy any adverse Judgment before enforcemem against the Property. Grantor shall name Lender as an additional
obliges under any surety bond furnished in the contest procaadirgs,
Evidanoo of PevmeM. Grantor shall upon demand furnish to Lender sslislecory evidence of payment of the Was
or assoomments and shell authorise the appropriate govommentdl afflalal 10 deliver to Lender at any time a written
statement of the loxes and aasasaments against the NOWTV.
Notice of Construction. Grantor shall notify Lender at least fifteen (IS) days belong any work Is eommanoed, any
swvtcee are "shed, Or any materials ere supplied to the Property, if any mechanic's Gan, matarlalman's Gen, or
other Gen could be asserted on account of the work, sarykeg, or meterida. Grantor will upon request of Lander
furnish to Lender advance Assurances satisfactory to Lender that GreMor can and will pay the Cost of such
Improvements.
PROPERTY DAMAGE INSURANCE. The following provisions relating to touring the Property are a part of this Deed Of
Trust.
Mohltlanaace of Insurance. Grantor shall procure and maintain policies of fire Ina trance with standard extended
coverage endorsements on a mptecement bests far the lull Insurable value covering Oil Improvements an the Real
Property in an amount sufficient to avoid application of ony cokwuranee clause, and with a standerd mortgagee
douse In favor of Lender. Grantor shak also procure and maintain comprohenslve general liability Insurenaa In much
coverage amounts as Lander may request with Truatse and lander boing named as additional Insureds In such
Ilebllity In wance pukka. Addltlonaey, Grantor Shea maintain such other Insurance, including but not nmhed to
hazard, business interruption, and boiler insurance, as LaMar may reasonably require. Polleiee shag be written In
form, amounts, coverages and tools reasonably acceptable to Lender and issued by a comperW omer companies
reeconobly acceptable to Lender. Grantor, upon request of Lender, will deliver to Lender from ti to time the
policies or certificates of Insurance In form satisfactory to Lander, including stipulations that coverages will not be
cancelled or diminished without at least thirty fSol days prim written notice to Lander, Each insurance policy also
ohall Include on endorsement providing that coverage In favor of Lendor will not be Impslrad In any way by any act,
omlaelon or default of Grantor or any other person. Should the Real Proporty be located in an area designated by
the Director of the Federal Emergency Management Agency as a opsclaf Rood hazard area, Grantor agrees to
obtain and ineintoln Fadaral Flood Insurance, If available, within 45 days altar notice is given by lander that the
Property is located In a mpoctal flood hazard area, for the full unpaid principal balance of the loan and any prior Ilam
on the property securing the loon, up to the maximum policy limits wt undar the National Flood Insurance Program,
or as Otherwise required by Lender, and to maintain such Insurance for the term of trio loan.
Application of Proceeds. Grantor shall promptly notify Lander of arty lost or damage to the Property. Lender may
make proof o1 lose II Orarttor fab to do so within fifteen 11 5j days of the casualty. Whether Or not Lender's
soourlly is Impaired, Lander may, of Lt ndef's election, racolve and retain the proceeds of any insurance and apply
the proceeds to the reduction at the Indebtedness, peymntt of any lion effecting the Properly, or thm restoration
and repair of the Property. If Lender elaata to apply the proceeds to restoration and repair, Grantor shall repair or
replace the damaged or destroyed improvements In a manner salbfacmry to Lender. Lender shall, upon
setideototy proof of such expsnditua, pay or ramburae Grantor from the proceeds for the reasonable cost of
repair or restoration It Grentor Is not M default under this Dead of Trust. Any proceeds which have not been
disbursed within 1110 days after their receipt and which Lender has not aenrmllted 10 the repair or reetoratlon of
the Property shell be used first to stray a be Amount nad of 1ho Lender
ba er this the d of Trust, t� 11 [ to pay a hold
Interest, and the remainder, if any, pP
any proceeds after payment In full of the Indebtedness, such proceeds shall be paid without Interest to tremor to
Grantor', Interests may appear.
Complanso with existing indebtedness. DuMg the period In which any Existing Indebtedness described below is
In afloat, compliance with the insurance provisions contained In the Instrument evidencing such Existing
lndabtedneee sholl constitute compliance with the insuranoe proviolons under this Good of Trust, 19 11a extent
compiisnce whh•tha terms of this Deed of TANI would constitute a duplication 01 Insurance requirement. it any
proceeds from the naurance become payable on loss, tits provisions in this Deed of Trust for division of procoods
shall apply Only to that portion of the proceeds not payable to the holder of the Existing Indebtedness.
Grantor's Report on usual nes. Upon request at Lender, however not more than once a year, Granton shell furnish
to Londef a regal on each existing policy of Insurance showing: (1) the name of the Insurer, 12l the risks
Inured; M the Amount Of the policy; 141 the property Insured, aha then current replacement value of such
property, and the master of determining that value; and ISI the expiration date of the policy. Grantor Phan, upon
request of Lander, have an Indaperident appraiser eedifactory to Lender determine the cash Value replacement 0081
of the Property.
LMDERI S EXPENDITURES. If any action or proceeding is commenced that would materially affect Londar's interest In
the f this
but not limited to Grantor's rty or If Grantor alls to faGu tomccoMmply with with Any any obligarovision tion to maintain Trust
Eldating Indebtedness in good standingIncluding
required below, of to discharge or pay when due any amounts Grantor Is required to discharge or pay undar this Osed
of Trust or any Related Documents, Lender on Grantor's behalf may (but shall not be obligated toi take any action that
Lander
dooms d�otalimited
discharging e prlllions, security
ancmbre ems anherclaimsof any time loviod or placed on the and paying all costsfrInsuring,
maintaining and preserving the Regally. Alf such expenditures Incurred or paid by Lander for such purposes wilt then
beer Interest at tin rote charged under the Nola from frig date Incurred or paid by Lender to the data of repayment by
Grantor.' All such expenses will become a pert of the Indebtedness and, at Lender's option, wig IN be payable on
20071221001248.004
DEED OF TRUST
(Contlnued) Page 4
demand; 10) be added to the balance of the Note and be apportioned among and be payable with any installment
payments, to become due during either (1) the farm of arty applksWe Insuranoe policy; or (Z the remaining term of
the Note; or IC) be treated as is bolloon payment which will be due and payable at the Note's maturity. The Deed of
Trust also wig secure payment of these amounts. Such right shag be in addition to all other rights and remedies to
which Lander may be antitiad upon Default.
WARRANTY[ DEFENSE OF: TITLE. The fallowing provisions re1411rtp ra ownership of the Property ma a part of this Deed
of Trust:
Wo. Gramor warrants that:. Is) Grantor holds goad and marketable title of record to the Pmperty In tea simple,
free and aisor of all Eans and encumbrances other than those set larch in the Real Property description or in the
Existing Indebtedness section below or In any title insurance policy, title report, at final title opinion Issued in favor
of, and accepted by, Lander in connection with this Dead of Trust, and lb) Grantor has the full right, power, and
outhorfty to execute and deliver this Deed of Trust to Lander.
Defense of Title. GUNICt to the exception in the paragraph above, Grantor warrants and will forever dolond the
tide to the Property against the lawful claims of all persons. In the event any action or proceeding Is oommenced
thin queefWns Grantor's title or the [merest of Trustee or Lender undo this Deed of Trust, Grantor shag defend the
action at Grantor's expsma. Grantor may be the nominal party In such prooeading, but Lander shell be entitled to
participate in the proceeding and to be represented in the proceeding by counsel of Lander's own choice, and
Grantor will dellwr, or cause to be delivered, to Lender each Instruments as Lender may request from time to time
to permit such participation,
Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property aompties with all
existing applicable laws, ordlnanose, and regulations of governmental authorities.
Survival of RapnsantaWns and Werrantias. All representations, wafrantles, and agreements meds by Grantor in
this Dated of Trust shall atlWlve the execution and delivery of this Deed of Trust, shell be continuing in nature, and
shag remain In full form and effect undi ouch time as Orontor's Indebtedness shell be paid in full.
EXISTING INDEHTEDNESS. The following provisions ansa ing Existing Indebtedness are a part of this Deed of Trust:
Existing Lien. The Ilan of this Dead of Trust souring the indebtedness may be secondary and Inferior to an
existing gam. Grantor expressly covenants and $gross to pay, or see to the payment of, the Foisting Indobtednaea
and to prevent any default on such indebtedness, any default under the Instrument$ evidencing such Indebtedness,
or any dateult under arry securily documents for such Indebtedness.
No ModfRoatlon. Grants shell not enter into any agreement with the holder of any mortgage, deed of trust, or
other security agreement which has priority over this Dead of Trust by which that egresment Is modified,
amended, extended, at renewed without the prior written consent of Lender. Grantor shall neither request nor
accept any future advances under any such security agreement without the prior written consent of Lander,
CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trusts
Proceedings, if only proceeding In condemnation to filed, Grantor shag promptly notify Lender In writing, and
Grantor shop promptly take such steps is may be necessary to defend the action and obtain the award. Grantor
may be the nominal party In such proceeding, but Lender shall b0 entitled to paHlolpate In the proceeding and to be
represented to the proceeding by counsel of its own choke all at Grantor's expense, and Grantor will deliver or
cause to be delivered to Lendor such instruments and documentation as may be requested by Lender from time to
tuna to permit such partlalpWon.
Application of Nei Proceeds- if all or any part of the Property Is condemned by eminent domain proceedings or by
any proceeding or purchase In Pau of condemnation, Lander may at its alacdon require that sit or any portion of the
net proceeds of the award ba appiied to the Indebtedness or the repair or restoration of the Property. The net
proceeds of the award shall mean the award after payment of all reasonable coats, expenses, and attorneys' fees
Incurred by Trustee or Lender in eonisction with the condemnation.
IMPOSITION Of TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating
to govemmsnta[ taxes, fees and charges are a pan of this Used of Trust,
Currant Taxers, Falls and Charges. Upon request by Lender, Grantor @hall execute such documents In addition to
this Deed of Trust and take whelever other action is requested by Lander to perfect and Continue Lender's lien on
the Real Property. Grantor shall reimbulso Lender for all taxes, me described below, together with all expens0s
Incurred In recording, perfecting or contlnuing this Dead of Trust, Including without Ilmitatlon all taxes, fees,
documentary stomps, and other charges for recording Or registering this Deed of Trust.
Taxas. The following shall constitute texas to which this section applies; h) a apeclfia tax upon this type of
Dead of Trust or upon all at any part of the Indebtedness sawed by this Deed of Trust; (2) a specific tax on
Grantor which Grantor Is authorized or required to deduct from payments on the Indebtedness secured by this type
of Deed of Trust,, 4a1 a tax on this type of Deed of Trust chargeable against the Lander or the holder of the Nota;
and 14) a specific lax on all or any portion of the Indebtedness or on payments of principal and interest made by
Grantor,
Subsequent Taxes. If any tax to which this section applies h enacted subsequent to the data of this Dead of
Trust, this event shall have 1ha same affect as on Event of Default, end Lender may exercise any or all of its
avaenlor either
becilable omes delinquentedies ef an or 12)vent of contacts ttelt 811 tex asrovided below unless provided above len the Taxes and Lionstseattion before@ the tax
end deposits with
Lender cash or a sufficient corparets surety bond or other security satisfactory to Lander.
SECURITY AGREEMENTS FINANCING STATEMENTS, The tonowing pravisions rel4dng to this Deed or Trust as a
security agreement are a pan of this Deed of Trust,,
8egtn lty Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property
constitutes fixtures, and Lander shall have ail of the rights of a secured party under the Uniform Commercial Code
as amended from time to time,
Security Interest. Upon request by Lender, Grantor shall take whatever action is requested by Lender to perfect
and comhwe Lander's aacurtty interest In fie Rants and Personal Property. in addition to (coording this Deed of
Trust In the reel property records, Lender may. at any time and without lurthor authorization from Grantor, fila
executed counterparts, copies at reproductions of this Dead of Trust as a financing statement. Grantor shag
reimburse Lender for ail expanses Incurred In perfecting ens continuing thin at curity, Intelsat. Upon default, Grantor
shag not remove, sever or detach the Personal Property from the property. Upon dafauh, Grantor shag assemble
any Pareonal Property not affixed to the Property in a manner and at a 91400 reasonably convenient to Granter and
Lander and meko It aveliaflia to Lender within three t3) days after receipt of written demand from Lender to the
extent permitted by applkahlo law.
2007'[ 221001248.006
DEED OF TRUST
(Continued) Page b
Addresses. Thq mulling addraesss of Grantor idabtor) and Lander (secured party) from which information
oancemiry the security Interest granted by this Deed of Trust may be obtained [each aa; required by the Uniform
Commercial Coda) ere as etstod on the flat pegs of this Deed of Trust.
FURTHER ASSURANCBti; ATTORNEY-IN-FACT. The following provisions reiuting to further assurances and
attorney-in-fact aro a part of this Deed of Trunt;
Further Assurofters. At any time, and from time to time, upon request of Lander, Grentor will make, execute and
dotivor, or wgl cause to be made, executed or delivered, to Lender or to Lander's designs&, and when requested by
Lender, Gauen to be And, recorded, refgod, of rerecorded, as the opsp may be, at such times and In such offices
and pleura as Lender may doom appropriate, any and all such mortgages, deeds of trust, sactAly deeds, security
agreamants, financing statements, continuation statements, instruments of further assurenae, certificates, and
other documents as may, In the male opinion of Lander, be necessary or desirable In order to ellootumm, complete,
perfect, contirnm, or preserve 111 Grantor's abilgotiont under the Note, this Deed of Trust, and the Related
Documents, and t2) the Ilene and security Interests created by this Dead at Trust on the Property, whetter now
owned ar hereafter acquired by Grantor. Unless prohibited by law or Lender agrees to the eomrary, In writing,
Grantor shall rekmbure" Lander for dl Costa end expenses incurred In connection with the mettan referred to In this
paragraph.
Attomeydn-FM. 11 Grantor fails 10 do any of the things relarred to In the preceding paragraph, Lender may do no
for and in the name of Grantor and at Grantors expense. For such purpcsos. Grantor hereby irrevocabry appoint$
Lander as Gramor's attorrpyindlect for the purpoes of mekbtg, execurirg, delivering, filing. recording, and doing all
other things no may, be necessary or desirable, In Lendar's sols opinion, to accomplish the matters referred to In
Thio preceding paragraph.
FULL PERFORMANCE. if Grantor pro all the Indebtedness when due, and otherwise performs as the obligations
Imposed upon Grantor under Wo Dead of Trent, Lender shall execute and deliver to Trustee a request for full
reaarweypnce and shell execute anti deliver to Grantor Wrable atetemante of termination of any financing statement an
Igo ovtdandng tender's security Internet in the Rents and the Personal Property. Any reconveyance fee shall be paid by
Grantor, if permitted by eppilaable low. The grantee in any recorwoyance may be descrlbod as the 'person or parsons
legally entitled thereto', and the recitals In the reconysyerwo of arry molten or facts shall be Conclusive proof of the
truthfulness of any such mitten of fact",
EVENTS OF DEFAULT. Each of the following, at Lander'" option, shall constitute an Event of Dslauft under this Deed
of Truat:
Payment Default. Grantor toga to make any payment when due under the Indebtedness.
Other Dafoutta. Grantor lolls to comply with or to perform any other term, obllgntlon. covanani or condition
eomalned in this Dead of Trust or In any of the Related Documents or to comply with or to perform env term,
obligation, covenant or condition contained In any other agreement between Lender and Grantor.
Compliance Dafatat. Failure to comply with any other term, obligation, covenant or condition cantalned In this
Dead of Trust, the Note or In any of the Related Dccvments,
Default an Other Payments. Fnlhae of Grantor within the time requlnd by this Dead of Trust to make any payment
for taxes or Insuranae, or any other payment reDesaary to prevent filing at of to effect Tischer" of any tion.
Delriutt In Favor of Third Partes. Should Grantor default under any loan, extension of oredlt, security agreement,
Purchase or safai agmVn0M, or arty other agreement, In favor of any other creditor or person that may materially
allict on of Grantor's property or Grantors obrilty to repay the Indebtedness or perform their respectivo
Obligations under tills Deed at Tnmt or any of the Related Documents.
False stmsmerrtc. Any warranty, representation or etatenent made or furnished to Lander by Grantor or on
Grantors behalf under tide Dead of Trust or the Related Documents is false or misleading In arty material respect,
either now or at the time nude or furnbhod or become* tahe or misleading at any time thereafter.
Dofsayvs C40atstegaatlon. This Deod at Trust or any of the Related Dootmente causes to be In full force and
effect tinaluding failure of arty coisloral document to create a valld and perfected security Interest or Aon) at any
timasnd ror any reason.
Death or tnsahmnoy. The dissolution of Grantors Ingerdleas of whether alactlon to continue Is made), any
member withdraw, from the limited liability company, OF arty other termination of Grantor's existence as a going
business or The death of any member, the Insolvency of Grantor, the appointment
f revolver fditor oray oar the
Grantor's property, any assignment for the benefit of creditors, any type of era
commareament of any proceeding under any bankruptcy or insolvency laws by or against Grantor.
Credhor a ForfNture Proceedings. Commencement of foreclosure Of forfalture p(oceedings, whether by Judicial
proceeding, sell -help, repamsoion or cry other method, by any creditor of Grantor or by any governmental agency
against any property seouring the IndabtocinlM. This Includes, a garnishment of any iGranIs tor's
a q 4d filth
including deposit aecve
aume, with Lander. Hower, this Evens of Default shell not apply f t
dlspine by Grantor as to the vdidity or reasonobienees of the claim which Is the bode of the creditor or forfeiture
pxocaedlog and It Grantor ghiae Lender written notion of the creditor or forfeiture proaoo6mil and deposits with
terrfar monies or,a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lander, in Its
sole d[somhon, ere being an edequato revarvo or bond for the dispute.
&aoeh of Other Atimernem Any breach by Grantor under the terms of any other agreement between Grantor and
Lender that in not remedied within any grace period provided therein, Including without limitation any agreement
Conscming any Indebtedness or other obligation of Grantor to Lender, whetter ardeling now OF later.
Events Affecting Guerantar. Any of the precadlng events occurs with respect to any Guererttor of any of the
Indebtedness or any Guaremot dies or becomes Incompetent, or revokes or disputes the validity of, or Iloblllty
under, any Guaranty of the Indebtedness.
Advsrce Chenille.. A material advarou change occurs In Grantor's financial condition, or Lender believes the
prospect of payment or pprlormance of the Indebtedness Is impaired.
Existing Indebtedness. The payment of any Instillment of principal or any interact an the Edsdrg indebtedness Is
not made within that time required by the promissory note evidencing such Indebtedness, or s detpa)t occurs under
the Instrument socurlrp such Indebtedness and In not cured during any applica6ls grace perlod In such Instrument,
or any salt or other action is commenced to foraeloso any e>dadng Ilan on the Property.
Rot to Cure. If cry default, other than a default In payment is curable and it Grantor has not boon given a notice
of s branch of the epme provision of this Deed of Trust within the preceding twelve it 2) momhs, It may be cured it
Grantor, after raaehring written notice from Lender demanding cure of such default.' 11) cures the dafeutt within
tan (10) days; or 421 It the cum requlrea more than ten I10) days, immediately Initiates steps which lander dooms
20071221001248.000
DEED OF TRUST
(Continued) Page 8
In Londer's sole discretion to be sudflclent to cora the default and thereafter continues and completes ell reasonable
and nacassery steps aufflelent to produce compliance its awn as reasonably prsotical.
RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at any time thereafter,
Trustee or Lender may exercise any one or more of the following rights and ramedlec
F.Iectlon of Remedies, Election by Lender to pursue any remedy shag not exclude pursuit of any other remedy, and
an election to make expenditures or to take notion to perform an obligation of Grantor under thlu Deed of Trust,
after Grantor's failure to perform, shall not affect Lender's right to declare a default and exercise its remedies.
Accelerate Indebtadnesa. Lander shall have the right at Its option to dec*6 the entire Indebtadroas Immediately
duo and payable, Including any prepayment penalty which Grantor would be required to pay,
Forontosurs. With respect to all or any part of the Real Property, the Trustee shall have the right to exercise Its
power of sale and to foroalose by notice and sale, and Lender shell have the right to foreclose by judicial
foreclosure, In either came In accordance with and to the full extent provided by applicable law.
UCC Remedios. With respect to all or any part of the Personal Property, Lender shall have all the rights and
remedies of a secured perry under the Uniform Commercial Code.
Cogoot Rohs. Lender shell have the fight, without notice to Grantor to take possession of end manepa the
Property and oclleot the Rents, Including amounts past due and unpaid, and apply the net proceeds, over and
above Lender's costs, against the Indebtedness. in furthoranae of Ihts right, Lander may require any tenant or
other user of the Property to maks payments of rent or use toes directly to Lander. If the Rents ere collected by
Lender, then Grantor Irrevocably designates Lander as Grantor's ottomey-In•fact to endoraa Instruments received In
payment thereof to the name of Grantor and to negotiate the some and collect the proceeds. Payments by tenants
or other users to Lender in response to Lender's amend shall eatl*fy the obllgetions for which the payments ere
msdo, whether at not any proper grounds for tan demand existed. Lender may exercise Its rights under title
aubperegreph either In person, by agent, or through a receiver.
Appoint Receiver. Lander shall have the right to hove a receiver appointed to take possession of All or any part of
the Property, with the powar,ta protect and preserve the Property, to operate the Property preceding or ponding
foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and above the coot of
the recelvarehip, -apaint the Indebtednams. The receiver may serve without bend It permitted by law. Lender's
Fight to tha appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the
Indebtedness by a substantial amount. Employment by Lander shall not dbgasltty o. person from serving as a
receiver.
Tenancy at Sufferance. It Grantor remains In possession of the Property after the Property Is sold as provided
above or Lander otherwise becomes entitled to possession of the Property upon default of Grantor, Grantor shall
become a tanat'et suftaranee of Lander or the purchaser of the Property and shell, at Lander's option, either 0)
pay o reasonable rental for the use of the. Property, or 121 Veneto the Property Immediately upon the demand of
Lender,
Other Remodin. Trustee or Lander shell have any other right or remedy provided In this Deed of Trust of the Note
or available at low or In equity.
Notice of Bole. Lander shall give Grantor reasonable notice Of the time and place of any pubec sale of the Personal
Property or of the time after which any pdvata Oslo or other Intended dispasitlon of the Personal Property Is to be
mode. Reasonable notice shag mean notice given at least ten 110) days before the time of the sale or dlspoaiticn.
Any sale of the Personal property may be mads in conjunction with any eels of the Reel Property.
Bats of the Property. To the extant permitted by applicable law, Grantor hereby waives any and oil rights to have
the Property marshalled. In exercising its rights and remedies, the Trustee or Lender shall be free to Bell ail or any
pari of the Property together or separately, In arta sale or by separate sales. Lander shall be andtfad to bid at any
public sale on all or any portlan of the Property.
Attorneys' Fees: Experse*, It Lander institutes any suit or action to antnxce any of the terms of this Deed of
ta
Truut, Lander shell be entitled to recover such sr n the court may adjudge reasonable as attorneys' fees at trial
and upon any appeal. Whether or not any court action Is Involved, and to the extent not prohibited by law, all
reasonable expenses Lender incurs that In Lender's opinion are necessary at any time for the protection Of Its
Internet or the eritorcomant of its rights shall become a pan of the Indabtednesa payable on demand and shall bevy
interval at the Note rate from the date of the expondbure until repaid. Expenses covered by this paragraph Include,
without limitation, however subject to any limits under oppllaabte law, Lender's attorneys' teem and Lender's nggl
expense, whether or not there 1* a lawsuit, Including altomsya' fees and expenses for bankruptcy p
tlncluding efforts to modify or vacate env automatic stay or injurictionl, appeals, and anus anticipated poet judgment
collection services, the coot of searching rocerds, obtaining title reports {Including foreclosure reparisl, surveyor*'
reports, and appr01sm tees, title Insurance, and fans for the Trustee, tc the extent permitted by appllcable law.
GrentOr also will pay any court 00116. 1n addition to all other sums provided by low,
Rights of Trustme. Trustee shall have all of the rlghtl and duties of Lander as set forth In this section.
POWKRS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee
Ipurettat to Lender's InstruoWho) are part or this Deed of Trust:
Powers of TTustaa. In addition to all powers of Trustee arising ea a matter of law, Trustee shall have the power to
take the following actions with respect to the Property upon the written request of tender and Grantor. (at join in
preparing and filing a mop or -plat Of the Rest Property, Including the dedication of streets or other fight@ to [he
subordinaublici tionjoin
of other agreement afferanting any otlngtthis creating
Deed of Trust or�the InleictIon rast of Landerthe Rost underthis Deedlofoin In TrustanY
ObitgodanO to Notify. Trustee shall not be obligated to notify any other party of a pending Belo under any other
trust' deed or lien, or Of any action or proceeding In which Grantor, Lender, or Twetea shall be a party, unless
required by applicable law, or unless the action or pr000eding Is brought by Trustee.
Trusion. Trustee shall meat all qualifications required for Trustee under applicable law. In addition to the rights
and remedies not forth above; with respect to all or any part of the Property. the Trustee shall have the right to
foreclose by notice and sale, and Lender shalt have the right t0 foreclose by judicial toreciosura, In either case In
accordance with and to the fup extent provided by applicable taw.
Buccsssar Trustee. Lender, at tandor'iuptlon, may from time 10 lime appoint a successor Trustee to any Trustee
appointed under this Used of Trust by an instrument executed and acknowledged by Lender and recorded In the
office Of the recorder of KING County, State of Washington. The Instrument shall contain, in addition to all other
matters required by stela law, the names of the original Lender, Tattles, and Grantor, the b00% and Page OF the
Auditor's File Number where this Dead of Trust Is roOorded, and the name and address of the 4=008Baf trustee,
and the instrument *hail be executed and acknowledged by Lander or its successors In interest. The successor
70071221001248.007
DEED OF TRUST
(Continued) Page 7
trustee, without conveymcs of the Property, shall muccead to all the title, power, and duties conferred upon tits
Trustee in this Dead of Trust and by applloeble low. This procedure for substltutbn of Trueteo shell govern to the
exclusion of ell olhw provisions for substitution.
NOTICES. Subject to applicable tow, and except for notice required or ellawed by law to be given In another monnnn,
any notice required to be given under fh]e Dowd of Trust, including without limitation any notice of defeuh and any
notion of sale shell be given In writing, and shall be affective when aotu*iiy delivered, when actually received by
telefaesimilo iunlose otherwise required by law], when deposited with a nationally recognized overnight courier, or, If
meifad, when dsposited In the United States mall, as first Clean, certified or reglelared mall postage Pr*peld, directed to
the addfolme shown near the beginning of this Dead of Trust. AN Copies of notice at foroclosurf from the holder of
any
gen which has priority over this Dead of Trust shall be fent to Lander's address, as shown near the � raof
n
this Dead of Trust. Any parry may ohangs Its address for nodosa under this Dead of Trust by giving
notice to the other parties, speclfylrg that the purpose of SIM notice Is to change the party's address. For notice
purposes, Granter agraet to keep Lender Informed at ell times of Granter's currant address. Subjoot to appllcsble law,
and except tar nptioe required or allowed by tow to be given In another Mannar, If there is more than one Grantor, any
notice given by Lander to any Grantor is deemed to be notion given to all Grantors.
MISCELLANEOUS PROVISIONS. The following miscellaneous provisions e» a part of We Dead of Trust:
Amendments, This Dead of Trust, together with any Related Documents. constitutes the ondre understanding and
agreement at the peftles ao to the matters set forth In tNa lead of Trust, No nitestion of at amendment to this
Deed of Trust shall be effective unless given in willing and signed by the party or parties sought to be charged or
bound by the elleretlon or amendment.
Annual Reports. If the Property b used for purposes other than Grontor's residence, Grantor shall lurnleh to
Lender, upon request, a oerti led statement of not operating Income received from the Property during Grantors
previous ekes year to such form and detail as Lander shop rogndrs. 'Not operating income' shall mean ell cash
recofpte from the Property lees to cash expenditures mode In oonnactton with the operation of the Property.
Cepilon Beadings. Captlon headinge in this Dead of Trus are tar convardencs purposes only and arm not to be
used to interpret or define the provisions of this Deed of Trust.
Merger. There shall be no merger of tin Interest or estate created by No Deed of Trust with any other Interest or
estate In the Property at any time held by or for the benefit of Landar In any capacity, without the written consent
of Lander.
Governing Lew. Thfe Deed of Trust will be governed by federal low applicable to Lander and. to the extant not
preempted by federal mw, the low of the Stela of Washingoo without regard to its cordlICte of low provbiorts.
This Dead of Trust has bean accepted by Lender In 00 State of Washington.
Choice of Vanua. If there is a lawsuit, Grantor agrees upon Lander's request to eubrrtlt to the Jurisdiction of the
courts of King County, State of Washington,
No Weiser by Lender. Louder shall not bra doomed to have waived any fights under this Dead of Trust unless such
waiver Is given In writing and signed by Lender. No delay of omission on the pert of tender In exercising any right
shell operate se a waiver of such light or any other right. A waiver by Lander of a provision of this Deed of Trust
shall not prejudice or constitutor a waiver of Lender's right otherwise to demand *trial compliance with that
provlslon or ern other provision of this Dead of Toot. No prior waiver by Lender, nor any course of dealing
between Lender and Grantor, shall Constitute a waiver of any of Lander's rights or of any of Gromor's abligations
as to any future teonsaatlons. Whanaver the consent of Lander it required under this Deed of Trust, the granting
of such consent by Lender In any Instance shall not constltats continuing consent to subsegwnt Instances where
such consent is required and In all cows much consent may be granted or withheld In the sole discretion of Lander.
Sovesbigty. It a court of competent Jurisdiction finds any provision of this Deed at Trust to be Illegal, invalid, of
unfnfwcoabta as to any alroumalance, that ifndlrg shag not make the offending provision illegal. Invalid, or
unenforceable as to any other circumstance. If feasible, the offending pfovidon shell be considered mod]}Isd so
that h became* boat vstld and enforceable. If firs offending provision cannot 00 to modified, It shall be
conodored deleted from this* Deed of Trost. Urdese otherwise squired by law, the Illegality, invalidity, Or
unenforceability of any provision of this Dead of Trost shell not effect the legality, validity or snfoicoeblIty of any
other provision of this Dead of Trust,
Successors and Assigns. Subject to any limitations stated In Otis Deed of Trust on transfer of Grantor's Interest,
this Deed at Trust shall be hfnding upon and Inure to the benefit of the Pirtle*, their successors end assigns. if
ownership of the Property becomes vested In a person other than Grantor, Lender, without notice to Grantor, may
deal with Grantor's successors with raferenve to this Dead of Trust and the Ind*btedness by way of forbearance of
extension whhcut nlasaing Grantor from the obligations of this Deed of Trust of liability under the Indebtedness.
Time b of the Essence. Time Is of the assance In the performonae of ties Deed of Trust.
Waiver of Homestead Exemption. Gramor hereby release* and welvas all rights and benefits of the homestead
exemption laws of the State of Washington as to oil Indebtedness secured by this Dead of Trust.
DEFINITION& The following capitalized words and terms shall have the following meanings when used In this Deed of
Trust. Urttses sp*cifkratty stated to the contrary, all references to dollar amoume shall "won amounts In lawful money
of the Unhed States of America. Words and terms used in the singular shall include the plural, and the plural shall
Include dw singular. as the context may require. Words and terms not otherwise defined in this Deed of Trust shall
hove the meanings attributed to such terms In the Uniform Commercial Coda:
asneficiary. The word 'Bonsfk:lsry' Frons» Frontler Hardt, and its successors and assigns.
fiorrower. The word "Borrower' moans O'FARRELL PROPERTIES, L,L,C. and Includes all co-signs and co -makers
signing the Now and cif their successors and assigns.
Dead of Trust. The words "Dead of Trust' moan this Deed of Trust among Grantor, Lander, and Truatso, and
Includes. without limitation all assignment and security Interest provislons rolethtg to She Personal Property and
Rome.
Default. The word 'Oefaull' mining the Default set torah In this Deed of Trust In the section titled'Datauh'.
Evtitt of Defsuil. The wtrds'Event of Default" moon any of the events o1 default set forth in this Dead of Trust In
the eventa of dmleull section of this Deed of Trutt.
Folsting Indebtedness, The words 'Existing Indebtedness' mean the Indabtsdnese daecribed in the Existing Uans
provision of this Dsed of Trust.
Grantor. The word 'Grantor" moons O'FARRELL PROPERTIES, L.L.C..
Guarantor. The word 'Guarantor" means any guarantor, surety, or accommodedon party of any or all of the
20071221001248.008
DEED OF TRUST
(Continued) Page 8
Indebtedness.
Gudlemy. The word 'Guaranty' means the guaranty from Guorarltar to Lander, in0luding wNhout lirnh011on a
guaranty of all or peri of that !lots.
Improvements. The word "improvements" means all existing and future Improvements, bultdings, structural,
mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Heel
Property.
Indebledmss. The word 'Indebtedness' means all principal, Interest, ud other amounts, costs and expanses
payable under tho Note or Related Documents, together with all renewals aft extensions of, madifioatlons of,
consolidations of and substitutions for the Note or RelatedDocuments and any amounts expended or advanced by
Landor to diacharga Gfantan'I obligations or expanses Inourrod by Trustee or Lender to enforce Grantor's
obligations under this Dead of Trust, together with Interest on such amounts as provided in this Dead of Trust.
Lwalor. The word 'Lander' means Frontier Bank, Its successor* and assigns.
Nate. The word 'Note" means the promissory note dated December 21, 2007, In the original principal
amount of 83$0,000. DO from Grantor to Lender, together with all renewab of, extensions Of. modifications
of, tonnencingo of, conscildatkrns of, and sultadlutlone for the promissory note or agreement. NOTICE? TO
GRANTORt THE NO7E CONTAINS A VARIABLE INTEREST RATE.
Personal Property. The words 'Personal Property' moon all equipment, Oxturas, and other articles of personal
property now or hereafter owned by Grantor, and now or hereafter attached of affixed to the Real Property;
together with all aoosasbns, parts. and additions to, sp replaoomante of, and ate substitutions for, any of such
property; and agathar with all Ism* and profits thereon end proceeds (including without limitation tit Insurance
proceeds and refunds of premiums) from any sale or other disposition of the Properly.
Property. The word "Property' means collectively the Real Property end the Persona! Property.
Rest Property. The words 'Real Properly' mean the real property, interests and rights, Is further described In lisle
Dead of Trust.
Rol" Oactenents. The wards 'Related Documents' mean all promissory notes, credh agresmenis. loan
agreements, guerantles, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and
all other Inommants, agreements and documents, whelhar now or hereafter exleting, executed In connection with
the Indebtedness; provided. that the environmental lndsmnity, agreements ere not 'Related Documams' and era
not'sacwed by this Deed otTnxt.
Rens. The word "Rena' means am Resent and future rents, ravenuee, Income, Issues, royalties, prone, and
other benefits derived from the Property.
Trustee. The word 'Trustes' means Transnatlon Title Company, whose ma9ing address Is 001 Union Square,
Suhs 1100, Seethe , WA 08101 and any substltufm or succsssar trustees,
GRANTOR ACKNOWLEDGES HAVING READ ALL THR PROV1S10NS OF THIS DEED Of TRUST, AND GRANTOR
AGREES TO ITS TERMS.
GRANTOR:
O'FARRELL PROPERTIES, L.L.C.
By:
�Xulhoritoo $ gnu for h;J;;kLUPROPEMTIEe; L.L.V
LIMITED LIABILITY COMPANY ACKNOWLEDGMENT
STATE OF —WiL— I
fag
COUNTY OP New, I
On this :' day Of fSely 20 6eforundersigned
Notary u o, puwna y eppaarod �a °f
O'FARRELL PROPERTIES. L.L.O., and personall n to me or proved to ma on o as s o sstksfectary ev7dertce to
be a member or designated agent of the limited llabil]ty company that executed the Deed of Trust and acknowledged
the Deed of Trust to be the free and voluntary act and dead of the limited liability company. by authority of statute, its
articles of organization or Its operating agreement, for the uses and purposes therein mentioned, and on oath stated
that he or. she is authorized to execute this Dead of Trust and in fact executed the Dead of Trust on behalf 01 the limited
nebilhy company. Roattling at 99440.' W0111
Newey 'C6681 . sate -tWA A6-ftkMy eemmlsslon expires S 15► 0�
20071221001248.008
DEED OF TRUST
(Contlnued) Page e
REQUEST FOR FULL RECONVEYANCE
To: _ Trustee
The undersigned Is the !egad owner and holder of a& Indebt:dneel secured by this Deed at Trust. You are Mreby
right, thdalaupon psy now otw hold by you under you, to r Ton" without warranty, to the persons ontlded thereto, the
Data: Benefblary:
By:
Its:
RO jAnding, Ver. .00.008 Copr. Hadend MonvIalnar no. 1997, 2DO7. Ail Rights Reserved. -
WA C:1CFALPL%001.FC TR471570 PA-COMRLOC
70071221001248.010
Order No. RT -11152596
PARCEL A:
THAT PORTION OF THE SOUTHEAST QUARTER Of THE NORTHWEST QUARTER, AND Of
GOVERNMENT LOT 4, SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., DESCRIBED AS
FOLLOWS:
BEGINNING ATTHE QUARTER CORNER ON THE WEST BOUNDARY LINE OF SAID SECTION 18;
THENCE NORTH 89.03'07' EAST ALONG THE EAST -WEST CENTERLINE OF SAID SECTION, A
DISTANCE OF 2,177.12 FEET TO AN INTERSECTION WITH THE EASTERLY MARGIN OF COUNTY
ROAD NO. 80 (ALSO KNOWN AS 91°f AVENUE SOUTH);
THENCE ALONG SAID EASTERLY MARGIN NORTH 11'05'23' EASTA DISTANCE: OF 96.46 FEET TO
AN INTERSECTION WITH THE NORTHERLY MARGIN OF CEDAR RIVER PIPELINE RIGHT OF WAY;
THENCE CONTINUING ALONG SAID EASTERLY MARGIN NORTH 11005-23' EAST A DISTANCE OF
413.12 FELT TO A POINT ON A LINE 406 FEET NORTH OF AND PARALLEL WITH THE NORTHERLY
MARGIN OF SAID PIPELINE RIGHT-OF-WAY;
THENCE SOUTH 89633'37" EAST, A DISTANCE OF 133,97 FEET TO THE TRUE POINT OF
BEGINNING;
THENCE NORTH 00'26'23' EAST, A DISTANCE OF 165,59 FEET TO THE SOUTHERLY MARGIN OF
SOUTHWEST VICTORIA STREET (ALSO KNOWN AS SOUTH 133R0 PLACE) 25 FEET IN WIDTH;
THENCE EAST ALONG SAID SOUTHERLY MARGIN A DISTANCE OF I27 FEET, MORE OR LESS, TO
THE WESTERLY MARGIN OF THE D.C. MITCHELL ROAD;
THENCE SOUTH ALONG SAID WESTERLY MARGIN TO AN INTERSECTION WITH A LINE THAT BEARS
SOUTH 89'33'37" EAST FROM THE TRUE POINT OF BEGINNING;
THENCE NORTH 89.33'37' WEST TO THE TRUE POINT OF BEGINNING;
PARCEL B:
THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER AND OF
GOVERNMENT LOT 4 IN SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., DESCRIBED AS
FOLLOWS:
BEGINNING AT THE POINT OF INTERSECTION OF THE WESTERLY MARGIN OF THE D,C, MITCHELL
ROAD WITH THE NORTHERLY MARGIN OF THE CITY OF SEATTLE CEDAR RIVER PIPELINE RIGHT-
OF•WAY;
THENCE NORTH 02'18'49" EAST 200,02 FEET;
THENCE NORTH 89651'lI' WEST PARALLEL WITH SAID NORTHERLY MARGIN 2,77 FEET TO A
POINT ON THE WESTERLY MARGIN OF RAINIER AVENUE SOUTH (STATE HIGHWAY NO, S), SAID
MARGIN BEING A 5,680,30 FOOT RADIUS CURVE CONCAVE TO THE WEST, A RADIAL AT SAID
POINT BEARING NORTH 89'28'32" WEST, SAID POINT BEING THE TRUE POINT OF BEGINNING;
THENCE CONTINUING NORTH 89'51'11" WEST, 156.11 FEET;
THENCE NORTH 06'3249" EAST 50,32 FEET;
THENCE NORTH 89'51'11' WEST 13.68 FEET TO A POINT 128.40 FEET EASTERLY (AS MEASURED
ALONG A LINE PARALLEL WITH SAID CEDAR RIVER PIPELINE RIGHT-OF-WAY) FROM THE
EASTERLY MARGIN OF 91ST AVENUE SOUTH (RAINIER BOULEVARD) AS LOCATED IN COUNTY
SURVEY NO. 197 %,1ANUARY 1909;
THENCE NORTH 06'32149" EAST 157.14 FEET TO THE NORTHWEST CORNER OF THATTRACT OF
LAND CONVEYED BY DEED RECORDED UNDER RECORDING NO, 6469261;
20071221001248.011
• i
Order No. RT -11152396
EXHIBIT "A" - Continued
THENCE SOUTH 89*52'13' EAST ALONG THE NORTH LINE THEREOF 144.28 FEET TO SAID
WESTERLY MARGIN OF RAINIER AVENUE SOUTH (STATE HIGHWAY NO. 5);
THENCE SOUTHERLY ALONG SAID WESTERLY MARGIN AN ARC DISTANCE OF 206.24 FEET TO THE
TRUE POINT OF RMNNING;
PARCEL C:
THAT PORTION OF GOVERNMENT LOT 4 AND OF THE SOUTHEAST 14 OF THE NORTHWEST % OF
SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., DESCRIBED AS FOLLOWS.
BEGINNING AT THE POINT OF INTERSECTION OF THE WESTERLY MARGIN OF THE D.C. MITCHELL
COUNTY ROAD (PAINTER AVENUE SOUTH) WITH THE NORTHERLY MARGIN OF THE CITY OF
SEATTLE CEDAR RIVER PIPE LINE RIGHT-OF-WAY;
THENCE NORTH 020 1849" EAST 200.02 FEET;
THENCE NORTH 89° 51' 11" WEST 2.97 FEET TO THE WESTERLY MARGIN OF STATE HIGHWAY NO.
5 (RAINIER AVENUE);
THENCE CONTINUING NORTH 890 51' 11" WEST PARALLEL TO SAID PIPE LINE RIGHT-OF-WAY, A
DISTANCE OF 155.11 FEET TO THE TRUE POINT OF BEGINNING OF THE TRACT HEREIN
DESCRIBED;
THENCE NORTH 069 32'494 EAST 50,31 FEET,
THENCE NORTH 89° 51' 11" WEST 143.50 FEET TO THE EAST MARGIN OF 91ST AVENUE 50UTH,
FORMERLY COUNTY ROAD;
THENCE SOUTH 100 50'46- WEST 50.88 FEET;
THENCE SOUTH 890 51' lI" EAST 147.30 FEET TO THE TRUE POINT OF 8EMNNING;
ZM78149163
THAT PORTION OF THE SOUT11EAST14 OF THE NORTHWEST 'A OF SECTION 18, TOWNSHIP 23
NORTH, RANGE 5 EAST W,M,, DESCRIBED AS FOLLOWS:
BEGINNING AT THE POINT OF INTERSECTION OF THE WESTERLY MARGIN OF THE D.C. MlTCHELL
COUNTY ROAD, WITH THE NORTHERLY MARGIN OF THE CEDAR RIVER PIPE LINE RIGHT-OF-WAY;
THENCE NORTH 020 18'49N EAST 275.02 FEET;
THENCE NORTH 890 51' 11' WEST AND PARALLEL WITH SAID PIPE LINE RIGHT-OF-WAY, 3.02
FEET TO THE: WESTERLY MARGIN OF STATE HIGHWAY NO. 5,
THENCE NORTHERLY ALONG SAID WESTERLY MARGIN OF SAID OF STATE HIGHWAY NO, 5, A
DISTANCE OF 75.01 FEET, MORE OR LESS, TO THE NORTHEAST CORNER OF THAT CERTAIN TRACT
OF LAND CONVEYED BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 2716165;
THENCE WEST ALONG THE NORTH LINE OF THAT CERTAIN TRACT 163.04 FEET TO THE TRUE
POINT OF BEGINNING;
THENCE SOUTH 06'3249" WEST TO INTERSECT THE NORTH LINE OF THAT CERTAIN TRACT OF
LAND AS CONVEYED BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 4018280;
THENCE WEST ALONG SAID NORTH LINE, 128.40 FEET TO THE EASTERLY MARGIN OF HARDIE
AVENUE SOUTHWEST;
TH ENCE NORTHERLY ALONG SAID EASTERLY MARGIN, 301,75 FEET TO THE NORTH LINE OF SAID
CERTAIN TRACT OF LAND, RECORDED UNDER KING COUNTY RECORDING NO, 2716165;
THENCE EAST ALONG SAID NORTH LINE 120.81 FEET TO THE TRUE POINT OF BEGINNING;
EXHIBIT "A" • Continued
PARCEL E:
29971ZZ100120M
Order No. RT -12152596
THAT PORTION OF THE SOUTHEAST % OF THE NORTHWEST % OF SECTION 18, TOWNSHIP 23
NORTH, RANGE 5 EAST, W.M,, DESCRIBED AS FOLLOWS.
BEGINNING AT THE WEST Vi CORNER OF SAID SECTION;
THENCE NORTH 89903'07" EAST, ALONG THE EAST AND WEST CENTER LINE OF SAID SECTION,
7,177.17 FEET TO THE EASTERLY LINE OF 91ST AVENUE SOUTH (HARDIE AVENUE SW);
THENCE, ALONG SAID AVENUE LINE, NORTH 11°05'23" EAST 509.58 FEET TO THE TRUE POINT OF
BEGINNING;
THENCE SOUTH 89113317"WEST 133.97 FEET;
THENCE NORTH 00026'23" EAST 75 FEET;
THENCE NORTH 89°33'37" WEST 119.86 FEET TO THE EASTERLY LINE OF 91wr AVENUE SOUTH
(HARDIE AVENUE SW);;
THENCE SOUTH 11405'23" WEST 76.31 FEET TO THE TRUE POINT OF BEGINNING;
PARCEL F;
THAT PORTION OF THE SOUTHEAST %4 OF THE NORTHWEST iA AND OF GOVERNMENT LOT 4 IN
SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., DESCRIBED AS FOLLOWS;
BEGINNING AT A POINT ON THE EASTERLY MARGIN OF 91" AVENUE SOUTH (ALSO KNOWN AS
HARDIE AVENUE SOUTHWEST), WHICH 15 83r0 FEET NORTH OF THE CENTER OF THE CEDAR
RIVER PIPE LINE RIGHT-OF-WAY, SAID POINT ALSO BEING 2,706 EAST AND 134.2 NORTH Of THE
WEST 44 CORNER OF SAID SECTION;
THENCE NORTH 10050'45" EAST, ALONG SAID EASTERLY MARGIN, 362,2 FEET TO THE TRUE
POINT OF BEGINNING;
THENCE SOUTH 8904646- EAST 275 FEET, MORE OR LESS, TO THE WESTERLY MARGIN OF D.C.
MITCHELL ROAD (ALSO KNOWN AS RAINIER AVENUE SOUTH);
THENCE SOUTHERLY, ALONG SAID WESTERLY MARGIN, 58.76 FEET, MORE OR LESS, TO THE
NORTHEAST CORNER OF THAT CERTAIN TRACT OF LAND CONVEYED TO JOE POPOVIC BY
INSTRUMENT RECORDED UNDER KING COUNTY RECORDING NO. 2716165;
THENCE WEST, ALONG THE NORTH LINE OF SAID CERTAIN TRACT, 284 FEET, MORE OR LESS, TO
THE EASTERLY OF 915T AVENUE SOUTH (ALSO KNOWN AS HARDIE AVENUE SOUTHWEST);
THENCE NORTH 10050'45" EAST, ALONG SAID EASTERLY MARGIN, 59.33 FEET, MORE OR LESS,
TO THE TRUE POINT OF BEGINNING;
EXCEPT THAT PORTION THEREOF LYING EASTERLY OF THE NORTHEASTERLY PROJECTION OF
THAT CERTAIN LINE BEARING NORTH 0603249" EAST AND 100.63 FEET IN LENGTH, AS
DESCRIBED IN AN INSTRUMENT RECORDED UNDER KING COUNTY RECORDING NO, 4008583r
ALL SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON.
w
RETURN ADDRESS:
Frontier Bank
Duvatl
18308 Main 8troet NE
Po Box 700
Duvall, WA 98010
20071221001248.001
ow, ir
fir- u�SZ iG ASSIGNMENT OF RENTS U�y�
Reference p (if appiloabie): PUVA XX -884e 3311e ordliE. 0 6Additlonal on Page _
Granior(s):
1. O'FARRELL PROPERTIES, L.L.C.
Granteo(s)
1. Frontler Bank
Legal Description: PTNS SE 114 NW 114 STR 18-23-05E TAX LOTS 9011,9082, 8122, 9161,
9120 & 9012 Addktlanal on page 2
Assessor's Tax Parcel IDA: 182305-9011 (PARCEL A). 182305-9082 {PARCEL B),
182305-9122 (PARCEL C), 182305-9181 (PARCEL D), 182305-9120 (PARCEL E),
182305-9012 {PARCEL F)
THUS ASSIGNMENT OF RENTS dated Deoembar 21, 2007, is made and executed between
O'FARRELL PROPERTIES, L.L.C., a Washington Limited Liability Company, whose address Is
Q.O. BOX 7603, COVINGTON, WA 98042 irefarrad to below as "Grantor") and Frontlar Bank,
where mailing address is 15305 Main Street NE, PO Bax 700, Duvall, WA BB019 {referred to
below as "Lender').
FILED FOR =ORD
AT THE REQUEST OF
ffill LandAmedca
Canmerclal SeMm
C'ty of Renton
Planning Division
AUG 2749
20071221001249.002
ASSIGNMENT OF RENTS
IContlnuedi Page 2
ASSIGNMENT. For valuable consideration. Grantor hereby assigns, grants a continuing security
interest in, and conveys to Lender all of Grantor's right, title, and Interest in and to the Rents
from the following described Property located In KING County, State Of Washington:
Sea EXHIBIT A, which Is attached to this Assignment and made a part of this Asalgriment
as If fully sat forth herein.
The Property or its address Is commonly known as 168 & 175 RAINIER AVE 8, AND 168,
188, 175, & 180 HARDIE AVE SW, RENTON, WA 96055. The Property tax Identification
number is 182305-9011 (PARCEL A), 192305.9082 (PARCEL B), 182305-9122 (PARCEL C),
182308.9181 (PARCEL D), 182305-9120 (PARCEL E), 192305-9012 (PARCEL F).
REVOLVING LINE OF CREDIT. This Assigrsmant secures the MdebbdrM$ including, without I mNngon, s Tsvowiing ane
of cradle with a verlgble rate of bdmest, which obligates Lander to make advances to 011,, 1 so wrrg es Grantor
complies with all the forms of the Note and the Me of credit has net been tonainoted, suspended or cancelled; the Note
unpaid
leganee of #m rovolvhV One Of Orodh my at certain ides be Sower then the amount shown F "ro. ad. s
A Keobalance
does not tsmdnnte the lrte Of cradh or terminete Lgnder's obllgaeon to solygnug
w� to Graffito, Therefore, the tion of
thle Assignment will rsmata n fug force and effect notwdthstandtng arty sora led
THE TNO0TFDNES8
12) PERFORMANCE OF ANY
AND ALLTHIB OBLIGATIONSlIONS O 13 FiGRANTORTO RUNDER THE NOTE, THIS DTHIS ASSIGNMENT, AND RELATED DOCUMENTS.
TWO ABBIONMENT Is GIVEN AND ACCEPTED ON THE FOLLOWING TERM,:
PAYMENT AND PERFORMANCE. Except as otherwise provided in this Asalgnm rat or any Related Documents, Grantor
shall pay to Lender all amounts secured by this Assignment as they become duo, and shall strictly perform all or
Grantor', obagadona d until this Assignment. Unless until Lender exercises hs right 10 collect the Rants as provided
below and so long ss there to no default under this Assignment, Grantor may remain in possession and entml of and
operate
Lm der a consent tosnd the usllect the Rents, e Of ash Collateral in adthat the bankruptcyranting proaesof the d1n right to collect the Aome shell
GRANTOR'S REPRESENTATIONS AND WARRANTIES. Grantor warrents that:
Ownership. Grantor is entitled to receive the Rant$ free end clear of all rights, loans, 1121111- encumbrances, and
claims except as disclosed to and accepted by Lender In writing.
Right to Assign. Grantor hes the full right, power and authority to enter into this Assignment and to assign and
convoy the Ren% to Lender. '
No Prior Assipment. Grantor has not previcu,1Y assigned or convoyed the Ren% to any other person by any
Instrument now in force.
No Further Transfer. Grantor will not 4011, agslgn, encumber, or otherwise dispose of any of Grantors rights M the
Ran% except ea provided In this Assignment.
LENDER'S RIGHT TO RECEIVE AND COLLECT RENTS. Lender steal have the right at any time, and even though no
default shall hove occurred under this Afelgmmem, to Oolleot and receive the Ran%. For this purpose, lander Is hereby
given and granted the followlrq rights, powers and authority;
Notice to Tenants. Lender may send notices to eery and all tenants of the Property advising them of this
Assignment and dtreeting an ROM to be pald directly to Larder or Lender's agent.
Einar the Property. Lander may enter upon and tale possesslon of the Property; demand, collect and receive from
doa-toneals or from any other persons liable therefor, all of the Rents; Institute and carry on Oil legal proceedings
necessary for the protection of the Property, Inaludire such pracsedkVil es may ba roaeslary to recover
poseesslon of the Property: collect the Rents and remove any tenant or tenant$ of Other persons from the Properly.
Mahrtdn the Property. Lander may enter upon the Property to maintain
the
Property
and
keep
ell oonmme Ingrepair,
to pay the poets thereof and of all services of all employ l t oall taxes, ssangnu1nq and c av
and expenses of maintaining the Property n proper repair and condition, and also to pay
water utilities. and the premiums on M and other Insurance effected by under on the Property.
Compliants wllh Laws. Lender may do any and all things to execute and comply with the laws Of the State of
Weehngtan and etso all other laws, rules, orders, ordloanoss and requirements of all other governmentel agencles
affecting the Pmparty.
ole or any pan of the Property for nisch term or tarots and n
Lees@ 00 property, Larder may rent or ieess the wh
such conditions as Lander may doom appoprlata.
Employ aur n Agents.
t no es name, o centLander may �andauch mamogeent or agents an tha Propertyr including the calla uonaand appecatlonhwr In of Rervid. is
Other Aoty Lander may do all such other things and acts with respect to the Property, at Lander may deem
appropriate and may Sol exclusively and solely In the place and steed of Gromor and to have all of the Powers of
Grantor or the purpose@ stated above.
the foot that
Loondo� s ave peMlormotender shall
in of theforegoingsots or things shallred to do any of the riot require Lacts Or ander two do any other
spaelllo act or thing.
APPLICATION OF RENTS. An costs end expanses naurred by Lander in connection with the Property shall be for
Grantor's account and Lender maY, pay such cos% and expenses from the Rents. Lander, In its sole dlecratlon, shell
determine the ever, any Woh
not applied o suchccosts end expensetiOn Of Any arid ess shah be aRents sived by N ppM o theIndebtodnsss, Al eents received by xparidlturoa made by Larnde Gh ons
under
this Assignment and not raimbursed from the Ron" shall became a part of the Indebtedness secured by this
Assignment, and Mag be payable on dome d, with Interest at the Nota rate from data of axpannditure until paid.
FULL PERFORMANCE. 11 Glamor pays all of the Indobtedness when due and otherwise pSrorma ad the obligations
aupon Grantor under du Note,
Roleted oto nonyg
Grantor sultebts gat%tlOn Of Ms Asslgnmand sul blestatemntoiofmnationof afinancing statement on
file evidencing Lendor's security Interest In the Rents and the Property. Any termination fee fogtrhad by law shalt be
paid by Grantor, it permitted by appllcobl@ few.
M071221001240.003
ASSIGNMENT OF RENTS
(Continued} Piga 3
LENDER'S EXPENpTTURES. It any aothn or proceeding Is commenced that would rnatsrtogy, affect Lender's Interact In
the Property of If Grantor fails to Oolttply with any provision of thin Assignment or any Related Documents. Including but
rot limited to Grantor'a failure to discharge or pay when due any amounts Grantor Is required to discharge or pay under
this Assigmnefm of Orly Related Doaumenls, fAnder on Grantor's behalf may ibut shell not be obligated fol take any
action that Lander deems appropriate, Including but not limited to discharging or paying all taxes, Berta, security
IrAmots, encumbromon; and other claims, at any time levied or placed on the Rents or the Property and paying all costs
for Insuring m6ntalrting and preaarving the Property. All such expenditures inuurred or paid by Lander for much
purposes wlU than bear Interest at the rate charged under the Note from the data Incurred at paid by Lander to the date
of repayment by Grantor. All such expenses will became a pan at the Indebtedness and, at Lender's option, will (A)
be payable on demand; {DI be added to the balance of the Nate and be eppordonad among and be payable with any
Installment payments to become due during either (1) the term of any applicable Insurance policy; or 12) the
romolning term of the Note; or ICI be treated as a balloon payment which will be duo and payable at the Nate'&
maturity. Th* Assignment Dina will secure payment of these amounts. Such right shall be In addition to all other rights
and remedies to which Lender may be enthed upon Defa M,
DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Deleuit under this Assignment:
Payment Default. Grantor falls to make airy payment when due wrier the lndeMednass.
Odnr Defaul%. Grantor fall to comply with or to perform any other term, obligation, covenant or condition
contained in this Assignment of N any of tits Related Documents or to comply with of to perform any term,
obligation, tovanant or condition contained In any other agreement between Lender and Grantor.
Dofwdt an Other Payments. FOilure of GrantOf within the time required by this Assignment to make any payment
for taxes or Insurance, or any other payment necessary to prevent flung of or to affect discharge of any lien.
Defmdt In Favor of Third Parties, Arty guarantor or Grantor dofaults under any loan, extension of credit, Security
pgreemsrn, purchase or sales agreement, or any othef agreement, in favor of any other creditor or parson that may
M&WI$IIy affsct any at any guarantor's or Grantor's property of ability to perform their rOapoctive obtipeto:ts under
thls Asaignmem or any of the Related Documents.
Environmental Default. Failure of any party to comply with or perform when due any term, obligation, covenarit of
condlilon contained in any environmental agreement executed in connection with the Property.
False Statements. Any warranty, representation or $tetemsnt made or furnished to Lander by Grantor or on
Grantor's behalf under this Assignment or the Rotated Documents Is false or misleading in env material respect,
althor now or at the time made or fumishad or becomes folie or misleading at any tine thereafter.
Defective CdtataroSaotion. This Assignment or arty of the Related Documents 040501 to be In full face and effect
(Including failure of any collateral (1000MOM to create s valid and perfected security Internet or Ian) at any time and
for any reason.
Death or fneotwnoy. The dissolution at G.... is IragerClae of whether aNetion to continue is model, any
member withdrew* from the limited Iabltty company, or any other terminadon of Grantor's existence IN a going
business or the death at any member, the insolvency of Grantor. the oppalntment of a reaahrer for arty part Of
Grantor's pfoparty, any assignment for the benefit of creditors, any type of creditor workout, or the
commMoomant of any proceeding under any bankruptcy or Insolvency laws by Of against Grantor.
Clediwr or Forfeiture Proceedings. Commancsmem of foreclosure or toffetture proceedings, whether by judicial
proceeding, st a self-heRants to any properly saarahrgOr 1MV ftMmndebtedness creditor
Includes arogarnir at shment of any ny of Grantor's nmental agency
moaounts, Including deposit accounts, with Lander, However, this Event of Default shall not apply If there Is a
goad faith dispute by Grantor me to the validity at reasonableness of the claim which is the basis of ft creditor or
lorfaitue proceeding and If.Grantor gives Lends written notice of the creditor or forfeiture proceeding end deposits
with Lander mania or a surety bond for the arodltor or forfolture proceeding, In an amount determined by Lender,
In its safe discfedon, as being an adequals reserve or band for the dispute.
property Dafnsgs or Las$. The property I$ Ion, stolen, substantially damaged, sold, or borrowed against.
Events Affecting GuarstKor. Any of the preceding events occuro with respect to any Guarantor of any of the
Indebtedness or any Guarantor diva of becomes Incompetsn6 or revokes or disputa the validity of, or lloblaty
under, any Guaranty of the Indebtedness.
Adverse Change. A material adverse chaMs occurs In Grantor's financial condition, or Lander believes the
pfe*pett of payment or performance of the Indebtedness 13 impaired.
cure Provisforas, It any default, other than a dofautt In payment Is ourablo and if Grantor has not Geon given a
notice of a breach of the same provision of this Assignment within the preceding twetve (12) months, It may ION
cured If Grantor, after receiving written notice from Lander demanding cure al such detauit: (1) curoe the default
within ten 1101 days; or 12) If the cure requiroa more than ten (101 days, Immedistaly initatam steps which Lender
dooms In Lander'+ sale discrstion to be eufficlant to cure the default and thsraaftar continues and complete$ oil
reasonable and necessary papa sufficient to produce OomplOnce as Soon as reasonably praotcal.
1Wy ex AHD any ons or 01Nmore
DEFAULT. ops �hts and remedies, iOccurrence of any n addition to ww other rights w remodieent of WOW and at any time r, Lander
provided
may exaiNae any orfs Or mora al the following rig
by law: '
Accolsmte indebtedness, tender shall have the right at he option without notice to Grantor W declare the entire
Indebtedness Immadloi* duo and payable, Including any prepayment penalty that Grantor would be required to
pay,
Collect Rents. Lander shell have the rlght, without notice 10 Grantor, to take posseaalon of the Property and
cahoot the Rants, Including amounts pest duo and unpakf, and apply the net procoode, over end above fender's
casts, egalmot the Indebtedness, In furtherance of this fight, Lander shall hove all the rights provided for In the.
Lender's Fight to Receive and Collect Rents Section, above. If the Rents are collected by Lader, then Grantor
Irrevocably dssignatom Lander ON Grantor's ettorney-in-fact to endorse Instruments received in payment thereof In
the name of Grantor end to nagaflne the same and coteat the proceeds. Payments by tenants of other Were to
Lender in response to tender's amend shall satisfy We ablgatbrta for which IN payments are made, whether or
not.ony proper grounds far tho demand existed, Lander may exercise Its rights under this subparagraph either In
person, by agent, or through a eacelver.
Appalm Resolver. Lander shell have the right to have a reaelver appointed to take possameion of all or any part at
the Property, with 7M power to protect and preserve the Property, to opar&ta the Property preceding or pending
loreclosus or sale, and to eotlool the Rants from the Property and apply the proeaada, over and above the con of
the recelvarWp, against the Indebtedness. The recolver may serve without bond it permitted by law. Lender's
right to the appointment or a racsiwt shall exist whether or not the apporant value of the property exceeds the
20074224001248.004
ASSIGNMENT OF RENTS
(Continued) Page 4
Indshteniness by a aubetantlal amount. Employment W Lender than not d'squalify a person from serving as a
reoctver.
011ier Romedlee. Lender shag have all other A" and romedles provided In this Assignment or the Nota or by
law.
Eleatkm of Remedies. Election by Lender to pursue any remedy sholl not exetude pursuit of any other remedy, and
an election to make expenditures or to take action to perform an obiigatlon of Grantor sudor this Assignment. after
Grantor's falluro to perform, shall not affect Lender's right o dealers a default and exercise its remadin.
Attorneys' pees, Expenses. It Lsndar institute$ any suit of notion to enforce any of the terms of this Assignment,
Lender shell be apddad to recover @Lich sun No the court may adjudge raesanrabla n ellorlteyi fon at trial and
upon any appeal. Whether or not any court action Is invohisd, and to the extent not prohibited by low, all
restonable expenses Lender Incurs that In Lender's oplydon are necessary at any time for the protection of Its
Interest or the snforcemsnl of Its tights shall become a part of the Indebtedness payable on demand and &hall bear
Intelsat at the Note rale from the date at the expenditure until repaid, Expense covered by this paragraph Include,
Without (imitation, however subject to any limits under applicable law, Lender's attorneys' fen end Lander's legal
expenses, whether or not there is a lawsuit, Including anornays' ten and expenses for bankruptcy proceedings
(Including atfons to modify or vacate any outomatla stay of Injunction), appeals, end any anticipated post -Judgment
cotoudon aarvlon, the coat of searching records, obtaining title reports (Including f0raola@Yra repots), surveyors'
reports, and epprrdsal lea, title Insurencs,, and Teas for the Trustee, to the extent permitted by applicable law.
Grantor also will pay any court casts, In addition to all other &tuns provided by taw,
MISCELLANEOUS PROVISIONS. The tollowing miseallarioous provisions aro a part of this Assignment:
Amendments. This Anlgnment, together with any Related POouments, constitutes the entire understanding and
agroomant at the parties as to the mattars act forth in this Assignmont. No alteration of or amendment to this
Assignment shall be effective unless given In writing and signed by the party or parties sought to be charged or
bound by Ilio alteration or amendment.
Caption Headings. Coptlon headings In this Assignment are for convenience purposes only and are not to be used
to Interpret or define the provisions of this Assignment.
Govofning taw. This Asalgmnant will be governed by federal law applicable to Lender and, to the exterd not
preempted by federal law, the Iowa of the Stan of Washington without regard to Its contliats of taw provbiom.
This Aneigerntfet has been accepted by Lender In tho Stats of Washington.
Cholas, of Venue. If there Is o lawsuit, Grantor agrees upon Lender's request to submit to the jurlsdictlon of the
courts of 1CIng County, Siete 01 Washington.
Merger. There shell be no merger Of the Interest or estate created by this assignment with any other kitaroat or
estate In the Property at any tkno hold by or for the benefit of lender In any capacity, without the written consent
of Lender.
Interpretation. (11 In all cease where there IN more than one Borrower or Grantor, then on words used In this
Aseignmortt In the sing Wer shag be deemed to have been used in the plural where the context end construction so
regtilre. (2) 11 mare than one person a" Ohio Assignment No Grantor,' the obligations of each (tremor are joint
end several. This means that i1 Lander brings a lawsuit. Lender may sun any one or more of the Grantors. If
Borrower and Grantor are not the same person, Lander need not out Borrower first, and that Borrower need not be
(a) The names
gJven to drIn
is Assiggrunent, Atialgrunorril are for convenience
urpoaca only. They are not to be and m Milarat or dire theprovisions of
No Waiver by Lender. Lander shall not be doomed to have waived any rights under this Assignment untess such
wolver IN given In wrliing artd signed by Lender. No delay at omlselon on the pen of Lender In exorcist" any right
shall operate as e wahrer of such right or any other right. A waiver by Lander of a provision at this Assigrmam
ight otherwise to
shall
ance with then
provhlan at any other provbt prejudice of tllen of this Aselgniment.tute a wsWcF of d No prrior waiver by Lender, nor any course of do&Bng between
Lender and Grentar, shall caroutute a welver of any of Lander's rlghta or 01 any at Grantor's ob4stfona as to any
futufo transactions. Whenever the consent of Lander is regtrbod under this Asslgnmont, the granting of such
combat by Lender in any Instance shag rot constitute continuing consent to subeagUOnt Insencas where such
consent Is required and In all cane such consent may be granted or withhold In the sole discretion at Lender.
Notlese. Subjetit to applicable taw, and except for notice required or allowed by law to be given In another
manner, any notice required to be given under this Anignmont shag be given In writing, and than be sffoative
dwhen eposited with a notionally ly recognirn! owmlghtt coloreceived rer, are If maned, wcalmic hen dopool ow otherwise
in the UnitedbStates m when
first class, eartHlad or registered mall postage propeld, directed to the addresses shown near the beginning at this
Assignment. Any perry may change its address for nodose under this Assignment by giving fofmal written notice
to the other parties, spocftying that the purpose of the notice is to change the patty's address. For notice
purposes, Grantor agrees to keep Lender Informed at all times of Grantor's aurreat address. Subject to applicable
law, and except for notloe required at allowed by law to be given in another manner, If than Is more than one
Grantor, any notice given by Lender to any tremor is deemed to be notice given to all Grantors.
Lender undlof this Assignirricat are
grunted for Purpoars of ee Of
eaaurlty variousand may not beanclas and �okeders fby O antor until such time oa the earn@ we wayuwncvd by
Lender.
Ss,wrabghy. If a court of competent jurisdiction finds any provision of this Assignment to be illegal, invalid, or
unenforceable as to any cireumetance, that finding shall not make the offending provision illegal, Invalid, or
unenforceable as to tory other olroumstance. 11 loaslble, the offending provision shall be conelderad modified oro
that It beoom$s legal, valid and enforebabie. If the offending provision cannot be so modified,
shall
r
o
considered deleted from this Assignment. Unless otherwise regofrad by low, the Illegality, lrwel
unenforcooblgty of any provision of [Miss Assignment shall not effect the legality, validity or enforceability of any
other provislon of this Aatgnment.
Suecaasors and Assigns. Subject to any limitations stated In this Assignment on tronsfar of Oremor'e knter@at, this
Assignment shag be binding upon and inure to Ile benefit Of the parties, their suaoaseots and assigns. It
ownership of the Property beck vested In a Parson other then Gramor, Lander, without notloo to Grantor, may
deal with Grantor's extension Without Faleeslnrg 4 actor from ccessors with ethe obligations oofronris to We fgnment and the this Asslgrutentto�oblldlry under the ss try Indebeof dn ess. at
Tlmo,is of the Essence. Time is of the esesrnce to the performance of this Assignment.
Waiver of Homestead Rxomption. Grantor hereby releases and wolves alt rights and benefits of the homestead
exemption laws of the Stoic of WeoNngton as to all indebtedness secured by this Assignment.
2007'122100! 248.00X3
ASSIGNMENT OF RENTS
(Continued) Page S
DEFINITIONS, The following capltallmed words and terms ahsN have the following meaning@ when used In this
Assignment. Unlsa specific* stated to the contrary, 01 references to dollar amounts @hall mean amounts in lawful
money of the United States of America. Words end terms used In the singular shell Include the plural, and the plural
shall Include the singular, as the context may regula. Words and terms not otherwise defined In this Assignment shell
have the meanings stuibutad to such terms In the Unllarm Commercial Code:
AssigomsM. Tho word'Assignirmnt• memo thfa ASSIGNMENT OF RENTS, an this ASSIGNMENT OF RENTS may
be amended or modlfled from time to time, together with all exhibits and schsddn attached to thio ASSIGNMENT
OF RENTS from time to time.
Borrower. The ward 'Borrower• meant O'FARRELL PROPERTIES, L,L,C..
Default. The word "Default" moans the Default set forth In this Assignment In the section tided'Dstauh'.
Eveat of Default. The wards 'Event at Default" mean any o1 the events of default sat forth In this Assignment in
the default section of this Asslgnmsnt,
Gramm. The word "Grantor" means O'FARRELL PRDPERTIES, L.L.C..
Guarantor, The word "Guarsmw' means any guarantor, surety, or accommodation party of any at at of the
Indebtedness.
Guaranty. The wart) 'Guaranty" means the guaranty from Guarantor to Lander, Including without limitation e
Guaranty of all or part of the Note.
Indebtedness. The word "Indablednen' means all principal, Interest, and other amounts, coats and expenses
payable under the Note or Rolatsd Documents, together with all renewals of, extensions of, modifications at,
consolldnlons of and subothialons fa the Note or Related Documents and any amonstts expanded or advanced by
Lander w discharge Grantor's obligations or expenses Incurred by Lender to enforce Grgntor's obligadone under
this Assignment, together with interest in such amounts as provided In ft Assignment.
Lander. The word 'Larder' moans Frontier Bank, its successors and @signs.
Note. The word. "Nola' means fits promissory note dined December 21, 2007, In the original principal
amount of $350,000.00 from Grantor to tender. together with all renewals of, uxtansians of, modiRcatlons
of, reftnencings of, conaokdetlors of, and subolltutiom for the promissory note or agreement.
Property. The ward 'Property" means oil of Grantor's right, title and Interest in and to as the Property as
described In the 'Asslgnmard' seadon of this Assignment.
Related Ooeumprts. The words 'Related Documents' mean all promissory notes, credh agrooments, loan
ogmenwna. smhonmsntal egreormnte, gupandes, security agreements, mortgages, deeds of trust, aewrity
deeds, collateral mortgages, and all other Instruments, agreements and documents, whether now of hereafter
existing, executed In connection with the Indebtedness.
Renta. The word 'Rents' means all of Grantor's present and future rights, this and Interest In, to and under any
and all present and future fangos, Including, whhcut Rmltation, all rents, revenue, income, Issues, royaitlse,
bonuses, accounts racehrable, cash or saouAty deposits, advents rentals, proffer" proceeds from the Property,
and other payments and benefits derived or to be derived from such Moa of every kind and nature, whether due
now or later, Including without limitation Grantor'# right to enforce such lasses and to rocahro and collect payment
end ptocesda thereunder.
THE UNDERSIGNED ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS ASSIGNMENT, AND NOT
PERSONALLY BUT AB AN AUTHORIZED SIGNER, HAS CAUSED THIS ASSIGNMENT TO BE SIGNED AND EXECUTED
ON BEHALF OF GRANTOR ON DECEMSER 21, 2007.
GRANTOR:
O'PARRELL PROPERTIES. L.L.C.
By Abut cr godSignori or WFARRE-ITII—�LZr
LIMITED LIABILITY COMPANY ACKNOWLEDGMENT
STATE OP Wl� iT i
ISS
COUNTY OF„fGYc� __. _ I
On this I Zlik day of 20 before me, the undersigned
Nolsry u persona sppeareA or
WFARRUt. PROPERTIES, L.E.C., end personal k wn to me or proved to me on locals of esttsfsal� e to
be s member or daslpnatad agent of the limited Neblli any that executed the ASSIGNMENT OF RENTS and
acknowledged the Assignment to bo the hes and sad of the Ilmhad Nobility company, by authority of
statute, Its articlaa of orgsnlsstlon or IN oparall son and purpOees therein mentioned, and an oath
stated thol his or she fa authorized to era fact executed the Assignment on behalf of the
Rmited liability company.
By y�tf�pe� t� Rsskfing at Ru r.�.iW . A) _
N d Tor the State of ,s, T My comndsslon expires • rq=j
20071221001249.006
ASSIGNMENT OF RENTS
IConlinuedi Pelle 6
LASER PRD Lending, Ver. 6.38.DD,008 Copr. HafloM Finun0101 8olutloni, Ing. 1887, 4007. All Rlghis Rnsroed. -
WA C;%CFRLPL1014,FC TR -47870 PR-COMRLOC
20071221001249.007
Order No, RT -111.52596
EXHIBIT "A"
THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, AND OF
GOVERNMENT LOT 4, SEC17ON 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., DESCRIBED AS
FOLLOWS:
BEGINNING AT THE QUARTER CORNER ON THE WEST BOUNDARY LINE OF SAID SECTION 18;
THENCE NORTH 89'03'07" EAST ALONG THE EAST -WEST CENTERLINE OF SAID SECTION, A
DISTANCE OF 2,177.12 FEET TO AN INTERSECTION WITH THE EASTERLY MARGIN OF COUNTY
ROAD NO. 80 (ALSO KNOWN AS 91w AVENUE SOUTH);
THENCE ALONG SAID EASTERLY MARGIN NORTH 11.05'23" EASTA DISTANCE OF 96.46 FEETTO
AN INTERSECTION WITH THE NORTHERLY MARGIN OF CEDAR RIVER PIPELINE RIGHT OF WAY;
THENCE CONTINUING ALONG SAID EASTERLY MARGIN NORTH 11°05.23" EAST A DISTANCE OF
413.12 FEET TO A POINT ON A LINE 406 FEET NORTH OF AND PARALLEL WITH THE NORTHERLY
MARGIN OF SAID PIPELINE RIGHT -OP -WAY;
THENCE SOUTH 89133'37' EAST, A DISTANCE OF 133.97 FEET TO THE TRUE POINT OF
BEGINNING;
THENCE NORTH 00'26'23' EAST, A DISTANCE OF 165.59 FEET TO THE SOUTHERLY MARGIN OF
SOUTHWEST VICTORIA STREET (ALSO KNOWN AS SOUTH 1334D PLACE) 25 FEET IN WIDTH;
THENCE EAST ALONG SAID SOUTHERLY MARGIN A DISTANCE OF 117 FEET, MORE. OR LESS, TO
THE WESTERLY MARGIN OF THE D.C. MITCHELL ROAD;
THENCE SOUTH ALONG SAID WESTERLY MARGIN TO AN INTERSECTION WITH A LINE THAT BEARS
SOUTH 89.33'37" EAST FROM THE TRUE POINT OF BEGINNING;
THENCE NORTH 89.33'37" WEST TO THE TRUE POINT OF BEGINNING;
PARCEL B:
THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER AND OF
GOVERNMENT LOTH IN SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., DESCRIBED AS
FOLLOWS:
BEGINNING AT THF POINT OF INTERSECTION OF THE WESTERLY MARGIN OF THE D.C. MITCHELL
ROAD WITH THE NORTHERLY MARGIN OF THE CITY OF SEATTLE CEDAR RIVER PIPELINE RIGHT-
OF-WAY;
THENCE NORTH 02'18'49" EAST 200.02 FEET;
THENCE NORTH 89'51'11° WEST PARALLEL WITH SAID NORTHERLY MARGIN 2.77 FEET TO A
POINT ON THE WESTERLY MARGIN OF RAINIER AVENUE SOUTH (STATE HIGHWAY NO. 5), SAID
MARGIN BEING A 5,680.30 FOOT RADIUS CURVE CONCAVE TO THE WEST, A RADIAL AT SAID
POINT BEARING NORTH 89128'32" WEST, SAID POINT BEING THE TRUE POINT OF BEGINNING,
THENCE CONTINUING NORTH 89'51`11" WEST, 156.11 FEET,'
THENCE NORTH 06'3249" EAST 50.32 FEET;
THENCE NORTH 89.51'11' WEST 13,68 FEET TO A POINT 128.40 FEET EASTERLY (AS MEASURED
ALONG A LINE PARALLEL WITH SAID CEDAR RIVER PIPELINE RIGHT-OF-WAY) FROM THE
EASTERLY MARGIN OF 91ST AVENUE SOUTH (RAINIER BOULEVARD) AS LOCATED IN COUNTY
SURVEY NO. 19714, JANUARY 1909;
THENCE NORTH 0613249' EAST 157.14 FEET TO THE NORTHWEST CORNER OF THAT TRACT OF
LAND CONVEYED BY DEED RECORDED UNDER RECORDING NO. 640261;
071221001249.008
Order No, RT • 11152595
EXHIBIT "A" - Continued
THENCE SOUTH 896ST13' FAST ALONG THE NORTH LINE THEREOF 144,28 FEET TO SAID
WESTERLY MARGIN OF RAINIER AVENUE SOUTH (STATE HIGHWAY NO. 5);
THENCE SOUTHERLY ALONG SAID WESTERLY MARGIN AN ARC DISTANCE OF 206.24 FEET TO THE
TRUE POINT OF BEGINNING;
PARCEL C:
THAT PORTION OF GOVERNMENT LOT 4 AND OF THE SOUTHEAST %4 OF THE NORTHWEST % OF
SECTION 18, TOWNSHIP 4 NORTH, RANGE 5 EAST, W,M„ DESCRIBED AS FOLLOWS:
BEGINNING 9THE POINT OF INTERSECTION OF THE WESTERLY MARGIN 0FTHE D.C. MITCHELL
COUNTY ROAD (RAINIER AVENUE SOUTH) WITH THE NORTHERLY MARGIN OF THE CITY OF
SEATTLE CEDAR RIVER PIPE LINE RIGHT-OF-WAY;
THENCE NORTH 02018'49" EAST 2D0.02 FEET;
THENCE NORTH 890 51' 11" WEST 2.97 FEET TO THE WESTERLY MARGIN OF STATE HIGHWAY NO.
5 (RAINIER AVENUE),'
THENCE CONTINUING NORTH 890 51' 11" WEST PARALLEL TO SAID PIPE LINE RIGHT-OF-WAY, A
DISTANCE OF 156.11 FEET TO THE TRUE POINT OF BEGINNING OF THE TRACT HEREIN
DESCRIBED;
THENCE NORTH 069 32'49' EAST 50,32 FEET,
THENCE NORTH 890 51' 11' WEST 143,50 FEET TO THE EAST MARGIN OF 91s, AVENUE SOUTH,
FORMERLY COUNTY ROAD;
THENCE SOUTH 109 50'46" WEST 50.88 FEET;
THENCE SOUTH 899 51'114 EAST 147,30 FEET TO THE TRUE POINT OF BEGINNING;
PARCEL D;
THAT PORTION OF THE SOUTHEAST % OF THE NORTHWEST W OF SECTION 18, TOWNSHIP 23
NORTH, RANGE 5 EAST W,M., DESCRIBED AS FOLLOWS:
BEGINNING AT THE POINT OF INTERSECTION OF THE WESTERLY MARGIN OF THE D.C. MITCHELL.
COUNTY ROAD, WITH THE NORTHERLY MARGIN OF THE CEDAR RIVER PIPE LINE RIGHT-OF-WAY;
THENCE NORTH 02918' 49" EAST 275.02 FEET,
THENCE NORTH 890 51' 11" WEST AND PARALLEL WITH SAID PIPE LINE RIGHT-OF-WAY, 3.02
FEET TO THE WESTERLY MARGIN OF STATE HIGHWAY NO. 5;
THENCE NORTHERLY ALONG SAID WESTERLY MARGIN OF SAID OF STATE HIGHWAY NO. 5, A
DISTANCE OF 75.01 FEET, MORE OR LESS, TO THE NORTHEAST CORNER OF THAT CERTAIN TRACT
OF LAND CONVEYED BY DEED RECORDED UNDER KING COUNTY RECORDING NO, 2716165;
THENCE WEST ALONG THE NORTH LINE OF THAT CERTAIN TRACT 163.04 FEET TO THE TRUE
POINT OF BEGINNING;
THENCE SOUTH 06'3249" WEST TO INTERSECT THE NORTH LINE OF THAT CERTAIN TRACT OF
LAND AS CONVEYED BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 4018280;
THENCE WEST ALONG SAID NORTH LINE, 128.40 FEET TO THE EASTERLY MARGIN OF HARDIE
AVENUE SOUTHWEST;
THENCE NORTHERLY ALONG SAID EASTERLY MARGIN, 101.75 FEET TO THE NORTH LINE OF SAID
CERTAIN TRACT OF LAND, RECORDED UNDER KING COUNTY RECORDING NO. 2716165;
THENCE EAST ALONG SAID NORTH LINE 120.81 FEET TO THE TRUE POINT OF BEGINNING;
EXHIBIT "A" - Continued
PARCEL E;
20071221001249.009
Order No. RT -11152696
THAT PORTION OF THE SOUTHEAST A OF THE NORTHWEST u OF SECTION 18, TOWNSHIP 23
NORTH, RANGE 5 EAST, W.M., DESCRIBED AS FOLLOWS:
8EGINNING AT THE WEST W CORNER OF SAID SECTION,,
THENCE NORTH 89903'07` EAST, ALONG THE EAST AND WEST CENTER UNE OF SAID SECTION,
2,177.12 FEET TO THE EASTERLY LINE OF 91" AVENUE SOUTH (HARDIE AVENUE SW);
THENCE, ALONG SAID AVENUE LINE, NORTH 1100573- EAST 509.58 FEET TO THE TRUE POINT OF
BEGINNING;
THENCE SOUTH 8903317' WEST 133.97 FEET;
THENCE NORTH 0002673" EAST 75 FEET;
THENCE NORTH 8913337" WEST 119.86 FEET TO THE EASTERLY LINE OF 91" AVENUE SOUTH
(HARDIE AVENUE SW);;
THENCE SOUTH 11°0573" WEST 76.31 FEET TO THE TRUE POINT OF BEGINNING;
PARCEL F;
THAT PORTION OF THE SOUTHEAST 14 OF THE NORTHWEST % AND OF GOVERNMENT LOT 4 IN
SECTION 16, TOWNSHIP 23 NORTH, RANGE 5 EAST, W,M., DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EASTERLY MARGIN OF 91T AVENUE SOUTH (ALSO KNOWN AS
HARDIE AVENUE SOUTHWEST), WHICH 15 83.0 FEET NORTH OF THE CENTER OF THE CEDAR
RIVER PIPE LINE RIGHT-OF-WAY, SAID POINT AM BEING 2,206 EAST AND 134,2 NORTH Of THE
WEST w CORNER OF SAID SECTION;
THENCE NORTH 10050'45" EAST, ALONG SAID EASTERLY MARGIN, 362.2 FEET TO THE TRUE
POINT OF BEGINNING;
THENCE SOUTH 6944645" EAST 275 FEET, MORE OR LESS, TO THE WESTERLY MARGIN OF U.C.
MITCHELL ROAD (ALSD KNOWN AS RAINIER AVENUE SOUTH);
THENCE SOUTHERLY, ALONG SAID WESTERLY MARGIN, 58,76 FEET, MORE OR LESS, TO THE
NORTHEAST CORNER OF THAT CERTAIN TRACT OF LAND CONVEYED TO JOE POPOVIC BY
INSTRUMENT RECORDED UNDER KING COUNTY RECORDING NO. 2716165;
THENCE WEST, ALONG THE NORTH LINE OF SAID CERTAIN TRACT, 284 FEET, MORE OR LESS, TO
THE EASTERLY OF 91'T AVENUE SOUTH (ALSO KNOWN AS HARDIE AVENUE SOU'MWEST);
THENCE NORTH 30050'45' EAST, ALONG SAID EASTERLY MARGIN, 59.33 FEET, MORE OR LESS,
TO THE TRUE POINT OF BEGINNING;
EXCEPT THAT PORTION THEREOF LYING EASTERLY OFTHE NORTHEASTERLY PROJECTION OF
THAT CERTAIN LINE BEARING NORTH 06032.49' EAST AND 100,63 FEET IN LENGTH, AS
DESCRIBED IN AN INSTRUMENT RECORDED UNDER KING COUNTY RECORDING NO, 4008583;
ALL SITUATE IN THE CM OF RENTON, COUNTY OF KING, STATE OF WASHINGTON.
CITY OF RENTON
FINANCE DEPARTMENT
1055 S GRADY WAY
RENTON, WA 48057'
12/14/2007
NOTICE OF LIEN FOR UTILITY SERVICE
CITY OF RENTON vs. GREG OFARRELL
20080104001017.001
Jill4.ee City Of Renton
Planning Division
AUG 2 7 2yi1j
no ft D
NOTICE IS HEREBY GIVEN that the City of Renton, State of Washington, has and
claims a lien for utility charges against the following described premises situated in
King County, Washington, Said lien is claimed for delinquent utility charges and
penalties and is also claimed for future utility charges against said premises.
Proloertv Address Parcel No Lien Arnou UtilitX
176 HARDIE AV SW 1823059120 $443.20 31755-000
Pursuant to Renton Municipal Code, Title VM, Chapter 1, 8-1-8, Chapter 2, 8-2-1,
Chapter 4, 84-12 and Chapter 5,.&S-16, and Revised Code of Washington, Chapter
35, "Such charges and penalties shall be a lien against the herein above described real
properties."
L Linda Paries, Fiscal Services Director of the City of Renton Finance Department,
King County, Washington, hereby certify that the above referenced account is
delinquent in the sum stated.
Linda Parks
Fiscai Services Director
City of Renton
540116 Page 1 of 1
d Jaa 23.5 .N.: ;
Ape -`27-50 .' -$ 00V`:'- '`.
Helen kavib. (fo'r*r.
ad stiErvSvinR 10ifie ..A !
and as Joseph Popov
Joseph Pa via (Oopotid
:1 Mum or rvihae.7 popc
Joseph' 41010 (Pope
under thevtl3 'ofsd -Jt
to A.L. Mood =.� .3
as trustee* : of
in int 34
fP O&W torp the r&e .
Tha t%zpt n of Rovt lat
WV 23 SIR5SitDB dat; ..
,. ::} i' :moo,. 76234 j'
ot
�,i dl-014aall and
Ar :oP . Padlo ...deed (Aka Joe
U 0of thei ll l and est of
d MIO • S pAin4 (&
pavSa
ed deoededt
o 1,ndZg1d4A2 y and as' heir add/or 3e,gatee
deo'd `.'at d b6th or their an benefieUries
�Sa; °4�od.g• ...
a !``'-H ihi'iftort & Seaford Cantrell
tarn'; dfUzrdh of God, a bd to their eweeasore
�tatinlc�0v
4 alb# of the 8iiot the VW* ofseel8,
Bog at the pt' of Ut"*etUSof .the V3y marlin or the n.C.
Nitche3l Go rd v3tlifbe "mA in dt the oafs Cedar
River Pipe J6SwL }`I ar -, *aY l
th b 2.18049" .127%02 ft;tb, N.$90%t32"W-p3t the ad pipe Ilk right
eaV 3.02 ft t :: tb$V1 ;'R1a df tate H1 val►xo.5 ;0 tlr' ptrup
pob of the ' tt: ,, 'rt= th. W --89M51113' 145D.50 ft, th 36'032149"
V 75.47 f`t 3 th : ;.;: "" .1%.13 t.t . M3 'to the
Y3y margin of$ .Y> y,, X 3 `t�tllly a3g sd Uly margin 75.03
fto the ' t ruebc+.b aoo�*;
rub t o an es t :lam, re ie dind e se over the 8Iy 35 Pt and over
the W 1y 12 ft : !! ..ftuA� ;: :.y 90. rt".: the tt' hertnabove
der, fr the t thc* tt f hwr3y owned by mrantor (vont~2�
adjoining inuaadlately to the. �► - .. ,to the X 4308545-2
des andayed 3 rhloh es�nt it hby'ra�erved torfdriwat inrl.n
and gr as Pur fW the bet�etitat'sd y R�'gas
lying to the f� and to the- N as atoreeal,dlate3Y adjoining
thsss dd � gi�rein in�uat111aent of that adrtain re cont
exec KI-M-47fTbe t rrn ase
exec
T phadd R6261i �avlo as. se33era and
rustees Renton Churohof qpd •aapureh. providing for
the 4430 an4urohof the above des ppt"do
not varra gainst any Y� dntehra rr herof encumbrances burdens
ad Wy arts in$ bY, throgh orunder theGroh °r snamedd in ens ad
cont
aon ok
Mlto ^ f3dbydT
Jr
Cjt
Y Of Penton
Planning Division
AUS 2 7 7Otj
RE(cegVe D
tt
0
oil 1,0041
r.: .• A."
L�i. ,'t sir. kiirr ZIP egiw 106, tsost: ho.. i
wilt
i#� ,� t t roe . N t� . +► '440%4 o;at k -* I*i,l l"
the 81 lisp +u 0. " 1:,#o tie Mo,.19
a
n to the -Ntyr far"L e • pt Htoto y<1sbo�y i6
rt t o tho D�4' 3r k to rhoh: sao r Ott to r+ae yr
Not ' tod!
U 'L.antoh�to
N :.
km Nor 10-47 w► 10imph Firoia pSolon ftvlo Ib 'Yro.Bmstl.t*Ltos .i Y.
Norofe L..fttoh3i- 46 AeLoWoodetiot J.2 -Wood ApforilareosoUt 9!
pl.tr J.L.Noa� .�W►. pru�toin���,C�t�$d
City O
f
piannir�9 D ent'0►?
�siQn
00.
j. - nn 'for. sw res at vashon
kcM Nov .18-41. A.Rob
��,np :Par ew ree aL� a na
n'' Tan""-". •'•aj1V11rN.YVl1 Ut�i, ti.r.YflA Ul
31.43
n. = b e:d�8eat
..�,�; a� X34 ..4
e.(`eApashon a
.,,1r�.� .. �.,
.4• ;DyMas ,23!.�50 .. . �5 �� ,IF,R[<�.;A•uQW/i, �, NL��{�t� -
Apr 2750 $1000. $1.10 irsx $1., st*
Helen Pavia (fmly Helen Popovio) indinnd
arid; as eurvivin irt' 'g `
g hext�'
Joseph Pavia, deded (also kn as Joe POvio arid� a ;Jove h
P lmxtA
Popovio) ans as extx of the will and est.. `f'- d..deceddst Joseph Pali
(Popovio) and Miles B.Payne (also kn ae Milee'::or: Michael Popovie) ;, _..
indiv and as heir and/or legatee of Jose
ph (Popovi.a) deod, .'
and both of them as beneficiaries under the :hill' of : ad Joseph Pavi,d''
de,'ed
to Ignac Laush and AnnaLaush, hw "
Fp ey and wrr to ap the fire in kaw ?f`u
Thtt ..
d f; p n o£ Gov Lot 4 and of the SE* of NWJ' of.. $ec. '18 Tp 211 nr- 5 ewm`t:`
.
Caap of interstn of the Wly margin of the D.C.Mitahell Co'road
(Rainier Ave) with the Nly mgn of the C of a Cedar River Pipe line::':F
rt of May; th N 2418,49" E 200.02 ft, th N 89.51421" 'W 2.97 , ft to
•the'
lily men -of State Hwy -No 5 (Rainier Ane} th oentg.,N 89451911" Tri pit
ad pipe line rt of way a dist of 156.11 ft to the true pob
of the tt hin des; th N 6°32149" E 50.32 ft, th N 89°5111"
143.50 ft to the F margin of..91st Ave S, fml f Co road; th r, 100501
46" V30.83 ft, th S 89051111" e 147.?0 ft to the pob,. sit in kcw.
Subj to an esmt for ingress and egress over the Ely 15 ft of the +fit
hinabove des, for the ben of gtorrs prop adjoining ed Ely 15 ft to tie:
thof, w04 esmt is hby reserved by gtors
Helen Pavia)
(Helen Po ovi c
indiv and:46 iia. heir aiid' ex x aforeed
11 Mile 6s Byi'ayne
(�I:`, Mi1eB 8.�Q po��44�, �f;,V�n�.d• wr, y�, C*�_
.rte.,..... ,: L• .., .. ._ _. .. -,... it it . „�:.• ,. , ,... .1.1�:i'+af�.C, 1,.e. .:�tA1J1'�''�+�.li.n ..r.K.- ,... ...
4018280-2
Michael B.Payhe:
Michael B.Popovia
kow Apr 27-50 by Helen Pavia (Popovio) and Miles B. rayne (Popovic)
of Arthur L.Haugan np for sw res at Rentonpoe May 4-50
M1 Haugan & Bjorklund, Renton, Wash) y o Reny
c nein o� '
9
I
UO
Eomt neo 21-56 Cfor serer) u le `
Sep 8-56 $1. &ogvo (Non txbl 244924)
Harry W.Sherrsok and Clara Sherriok hN
to Ceotl E. Wakelam and Ruthoakelam► bw and babel Kiiattg;
a widow u
Fp b a o trans ark del to ep a permanent and perpebuil
tt" sewer Pant and rt of ways xno the perpetual rt to -,onto:
•.ipon tine re hinaf ter des at any t1me W.t they may Isve ft. ands
construct, maintain and repair urAergro=d bower- lines,
togthr w=the rt to exoavate and ref%ll d%tohoa- And%r
trenches for the looation or ed selmor line. The ld affeated
by the grant of this aamt and rt of wa„y in loo . in kow -and
is mere Partin d r; ='
A tt cif ld in Seo 18-2;-5 lysng V3y of Sunset Hxy and .N ofi`
th- Cedar River pipe -lira rt of whip moreapartic d r;
Caap :-)n the wly mw; of the D.CJUtdhell road no+d 3umet
'Yno.�.
Ywy at its pt of inters to with &* N In of the 0 or$ �'
Cedar River gtpe line rt of Nays th N 2°184.49" 3350.03.., j.
th N 3951' 1 " W on a lure pit the Cedar Paver pipe ixAe
rt of way a?�.Ou' t�; the gobs th $ *51111" N124.. too .
the ely of 91st Ave S, th S 10'0501,46"'N 101.751 , th 6' 89 3JA''
11" F 128.401P tri N 6132149" E l OQ. 63 ft to the ppb pob
The esmt and rt of way.hby granted oovers a strip of ld
5 t k in width over., upon and under the sly 5 ft of the abnve
des Id and in for the b61 of tht certain realdrop. ,...�8},."'.4a
des lu and in for 60e WK OL Int* cer�a;A ve#4,4
4T58291-2
owned by ap hto wch is mor.-.% Varna d f
oBaap on the wly margl 'In of the CO rfad or:' ist run Jay thzj'�
the farm or ". Kitty Glenn wah ad pt Is $33 ft nlY of
the center In of the C 2f S Cedar Saver Water rt of. Vay.
being in the NVt of Sea 18-23-5 and b* 2146
134.5 f t N of the quarter s*o car on the W In of � x4 !Sov'O':
A, tiz x 106,5,0045" 9 alg the wly margl In. of ed ,at
207al.; fts th Wly alg a In plt and 257*5 f t MY, of thb .-N Adz,
of Cedar River Water rt of way 210 ftg th Sly alga.
vio f wly of the mly margl In of ad at or Co.road207,,5-6'
to the my in of a I afire tt htafore ayod to Agnes ftrdy,-,;
th ely alg the my In of the ad H&rdy Tt '210 f t'to the � pdb.'
s I Th kVW
agree to repair any and all daaago done to the burdineid'.,
prem try reason of t;he exist ence of ad sower 1n And
in the aveit. such eepair be not feaelblep ties to compensate
fp for the -.eanbl val of such damages,
XCN OE
K Sr."Co 80.1 2nd Ave Seattle)
Si 000
lJ
EASEMENT
THIS INSTRUMENT, made this A:cay of L jcr,L..�.Z_.. �19 2F.
by and between k,:6F—� V. D nd
and
and ;
4 } and
CV '
hereinafter called "Grantor(s)", and the CITY OF RENTON, a Municipal Corporation
of King County, Washington, hereinafter called "Grantee".
WITNESSETH:
That said Grantor(s), for and in consideration of the sum of $
paid by Grantee, and other valuable cons erat�on.
do by these presents, grant, bargain, sell, convey, and warrant unto the said
Grantee, Its successors and assigns, an easement for public utilities (including
water and sewer) with necessary appurtenances over, through, across anal upon the
following described property in King County, Washington, more particularly
described as follows:
SEE EXHIBIT "A" ATTACHED C't
Y of Renton
Planning Division
Together with a temporary construction easement described as:
Said temporary construction easement shall remain in force during construction
and until such time as the utilities and appurtenances have been accepted for the
operation and maintenance by the Grantee but not later than
(P
z
.f
EXHIBIT "A"
A utility easement for the purposes of installing a street light pole base
and appurtenances, within the following described property:
All that portion of the North one-half of Section 18, Township 23 North, Range
5 East, W.M., described as follows:
A Tract of land 160 feet wide lying between two parallel lines, the South line
of which is 400 feet North of and parallel to the Northerly line of Cedar River
pipe line right-of-way bounded on the East by U. C. Mitchel County Road and Westerlv
by County Road, LESS West 103 feet measured along the North line.
Said Utility Easement being described as follows:
BEGINNING at the intersection of the centerline of South 3rd Street with the
centerline of Rainier Avenue South in the Southeast one-quarter of Section '8, Town-
ship 23 North, Range 5 East; W.M.; thence Northwesterly along the centerline of
Rainier Avenue South, said centerline being the arc of a curve to the right, radius
811,42 feet, a distance of 293.19 feet to the point of a tangency of said curve;
thence North 30 57' 00" East a distance of 292.61 feet to the P.C. of ., curve to
the left, radius 5,722.30 feet; thence continuing Northerly along said curve to the
left, radius 5,722.30 feet, through a central angle of 5° 03' 54", an arc distance
of 506.26 feet; thence North 800 59' 06" West, along a line drawn radially from
the center of said curve, a distance of 42 feet to a point on the Westerly margin
of Rainier Avenue South, the true point of beginning; thence Northerly along said
Westerly margin a distance of 2.50 feet; thence Northwesterly, along a line drawn
radially from the center of the above described curve, a distance of 5 feet; thence
Southerly parallel with said Westerly margin, a distance of 5 feet; thence South-
easterly to a point on said Westerly margin, 2.50 feet Southerly of the true point
of beginning; thence Northerly along said Westerly margin a distance of 2.50 feet
to the true point of beginning.
r�
Said heretofore mentioned grantee, its successors or assigns, shall
have the right, without prior notice or proceeding at law, at such times as
may be necessary to enter upon said above described property for the purpose
of constructing, maintaining, repairing, altering or reconstructing said
utility, or making any connections therewith, without incurring any legal
obligations or liability therefore, provided, that such construction, main-
taining, repairing, altering or reconstruction of such utility shall be
accomplished in such a manner that the private improvements existing in the right
�y right(s)-of-way shall not be disturbed or damaged, or in the event they are
disturbed
m�ediatelyrbeforeethe property was ewill be ntered uponlaced in sby theood aGanteeion as they were
ti
The Grantor shall fully use and enjoy the aferedescribed premises,
including the right to retain the right to use the surface of said right-of-way
if such use does not interfere with installation and maintenance of the utility
line. However, the grantor shall not erect buildings or structures over, under
or across the right-of-way during the existence of such utility.
This easement, shall be a covenant running with the land and shall be bind-
ing on the Grantor, his successors, heirs and assigns. Grantors covenant that
they are the lawful owners of the above properties and that they have a good and
1 wful right to execute this agreement.
r� and
and
U
and
and
STATE OF WASHINGTON 5S
COUNTY OF KING
I, the undersigne�a�aofry public in and for th�9�ta�te opferSflnal4yoappearedhereby
certify that on this
before on .J 4-1-+t
and
and
and
and to me nown to be indivi2ual4VFescr7Fe
In anT—wW—oexecuted the foregolnF Instrument, and acknowledged that
signed and sealed the same as free and voluntary act and dee for the uses
and purposes therein mentioned,
N 5, 1�'
,gin•- -... ,� .r..
oi�ary"�"�Tiii'_ an o
Washin'gtow;' residing at
V
A
�I
11'f,
cAy
ILED der Nuorl 9 R �'
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to State Se Wowd"t"I
!P does tbortoP nils#sandporuji;so rowye oa h sots
fres thshirx dt�s '�ta�laa sA ssoottatbshtA►ory JX%bQ •strnelios *f olOpoa :.
or snuabwat; Madlfor avprasak "Shs41 ridaofaduafdsost Of land ag flat'
'f
That poraof rior4 ldt 1A tF b" N-4 5 eves" beg at
Sheiaten of thfwIFILDOO'tikOV 4 Miterrbsll A*Qd v1sh6boblfot wf a lira saW.
tv 44 tonttr43,oaa to r41hW*%rdieelc,wh141L poiirtia 41M ft, sir 11 of Bard
start anflsatothos AX40 out . WWfad of►s;Sbw A!"o line -Ad lbhsdisek
-breet RTS ftp t�,totho0lr iMss'hhs have#.d;tb ft%".tad line 144.413 fS
.l.fetas S Lusa! tho RS ft *a road.as namoh*atistsa ap Dt11 e23 road t• at
road 1nobSof t o sl tethl�r rllaatd tbeb C hdt a 1 Rvi,
bad:ISas Let 1lj
TI►sri�i,Psivil. ea+adp i t bVeas .&tA �ssss tooadlromse 1an4tss thea
p srposso ltiinr�tsd avAr+m,►%b*vwpgnoa.i'ma .4ts bdogsd slopes luhtyt
grist ed
311.Oest lir�toi�e:
k rrn !►inti So 40b r 'blla w9st ! i of eherh! S !c Agent apT'nr *wit Mor eer I ala net
(f�aed y 14142) alsp
F4.
f
City of Renton
Planning Division
AUG 2 7 2069
REMOVED
i
s If 40 #50 804 i"tedita
Tao noPovis (also kilos Joseph rmvis) onduolent"Sf �@Poll0 a ?aei�a,
trwS cif k �
to +tat• of twshington
fp 4 b s 0,04 oytosp thE► f 1g defl ltad iaftwi,
A11thatp6rnottbe flg damittaflattdly ell of aline drawn plt sad 4o n
dist *1# Ot thesonter ItAmt+tsd PrllmryStata ff1Shwayf[0 0I ss surTeyed
orsrand wer®ss
"'that poraS00vt lot 40 aadstj -1w# sea is tv 8SLR ow, k - boa at .
s Appoint on wly ag�t 0 C Mi ttaholl .!mid Pa4met .40way ? rOGIS 9 of
tb#lntss Kiththeg 1iae02 fitr of-Seottlo Pipe Lis:u right ofway; ad
.point b , iVgth6,no slug ofttot jandsol.d Wart i4yattr by sous' Yokrdiook
by dd it r of 1497 O 211',b ; thUmm oa s4 �ilyii:usot'0 C :.`it nnell R084 160
ft; th lost P.lsr tha lleioarOwlys" Tra*1284 ft, ml.,tath�q siYltboaf
oa road;th sly dusd $1714i6044 00- turfd 152 Ito. x1,tG4r-Lzit30 eith f�
N Line of rd Clymer Trim at ; th 9 oar► It x ineaf sd `'lysarsr tra st ZO7 ft
,
to pointof beg(U34 lot 62) '
hs grt oYrt us -t oths pp :t hart privil4#6 and p eralt il:
extend olovet of *S"vaE #.aa0is�ih gh s stp �thntpara seT ass tt or" id�
ly 3Zdbat 01yof a.l.rrsJttoaari ,alt sx�c 65 ft dint nhyfrowtho ceAtlinsof adj
-'ri,mary �tatr-ig�asray*�o t
j.he riot,privilogs sa6herjdtk of itgsoFs ar,d egaress to endf:,ems.'1la44
f,ir tbSPUrPCV hiA *apsat'ified and So hep�:�rposeo.' �latr�ini sd slopes
i•sLbygrauted
Tsai[ aa*ors hire ul&$o gra4 gzto ap the ri hlprivi.iegs and rdrmit to
oonatruot ens rpaawhtcw�tr�r ge.sttc� leA��l�•r d `Aghuey ettbe edear of
pbtr de�tttof Urndar,,Qt , r!,lbt .priuiisgeond perstity-1 ha6reownde,gress
5r*ndframs4 10Ddtarthopur,p00624 UA spsdtd 8'JiAbpVeat".d
tazets;:eaifSoditsli,r--'ssx i'otirr..:-Fot d 40----bal inemltand al right Vey
stgr. aoaepteace 24 dO lee .PoPWO
:090ph Padio
iialu�op+�le
HelonPa�ie
City of Re
( Dont �l) d8s Plannin nton
9 ar,jSian
406 2 7 ?OOg
'GEPTj •'.
NO?.l',
s
i
Piero*" Von Apr Is
��t�� me :*J.�tt.►a ai t) 1�! B !d
tee --c
�� .platt�ie �ai�o�aas�asb
n�rst eo�r Ia (e� li jai
L May 9 SO
ApS 19 40 410 #Ad IIOA*tit a
error D' esti s�p1 at
Ito*
to State of lbal"im.
rp 8 b a •ndeytaop fhd la ink"'S
tyilttutpex�r��lt#I�f1# is Wflaad IF ol$of a Lina j9pV pit •!A 40 tt
Blot a,ly.frQAhsaant ltj"Of ed fitMry ;hate "Ighmy Nab as Sarraraa
ardrand WOOS
"7brat porno►' th o3 -tt , and t . lot 40 sea A I�ofthasontof�adrar • Sp i3 5 art. t es
oatho 1#�z�c.dr'�irilarf��r�► at apoint 83 ft `liver jliDs
1412,10right 'e1'uay. add 6, ft N and 04ot tt of Wi avr
Ofa�d aso.,tb alt�teilf;
I a
GO
ch - I
- -1 — -iuluon
Planning Division
AUG 2 7 Z001'a
REMOVED
0
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(A 'ON 'AIM ZLVJB) '8 RaN$AY $UNIIWN
at iw 1.Nl,tp(60 " 10 GUYe]
w prtl+T° ?'i.a1c nio
sa
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r /
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0
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LM
(A 'ON 'AIM ZLVJB) '8 RaN$AY $UNIIWN
at iw 1.Nl,tp(60 " 10 GUYe]
w prtl+T° ?'i.a1c nio
sa
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W" x 0 um In y� Tif
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•�SS�'
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