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Home My WebLink AboutMiscWASHINGTON FORESTRY CONSULTANTS, INC. FORESTRY AND VEGETATION MANAGEMENT SPECIALISTS 360/943-1723 FAX 3601943-4128 Prepared for: Wayne Potter -Tree Protection Plan- Copperwood Project SE 2nd Place Renton, WA - Barghausen Consulting Engineers, Inc. w F c I 1919 Yelm Hwy SE, Suite C Olympia, WA 98501 I Prepared by: Washington Forestry Consultants, Inc. RECEIVED Date: August 8, 2014 Introduction AUG 11 2014 CITY OF RENTON PLANNING DIVISION Quadrant Homes is planning to construct a new 47 lot subdivision on approximately 12.68 acres at SE 2nd Place in Renton, W A. The proponent has retained WFCI to: • Evaluate the health and long-term survival potential for trees 6 inches diameter at breast height (DBH) and larger within the buildable area ofthe site and make recommendations for retention, protection, and necessary cultural care. • Prepare a list of all trees with their corresponding size, condition and potential for retention, along with their minimum root protection zone required if they are to be saved. • Complete required tree retention calculations as per the City of Renton ordinance Section 4-4-130. • Evaluate soils with respect to impacts on tree growth and stability. Observations Methodology WFcr has evaluated trees 6 inches diameter at breast height (DBH) and larger in the proposed project area, and assessed their potential to be incorporated into the new project. The tree evaluation phase used methodology developed by Nelda Matheny and Dr. James Clark in their 1998 publication Trees and Development: A Technical Guide to Preservation of Trees During Land Development. URBAN/RURAL FORESTRY • TREE APPRAISAL • HAZARD TREE ANALYSIS RIGHT-OF-WAYS' VEGETATION MANAGEMENT' ENVIRONMENTAL STUDIES' CONTRACT FORESTERS Member of International Society of Arboriculture and Soci.ty of American Foresters --------.. _--------- Copperwood Project Tree Protection Plan Site Description The project site includes 8 parcels with residences that have large, mostly open, yards and/or patches of forest. The parcels include: 1523059043, 1523059221, 1523059170, 1523059093, 1523059100, 1523059066, 1523059201, and 1523059067. Four long driveways run south from SE 2nd Place towards the structures. Planted and native trees exist adjacent to the homes. The easterly portion of the project site is composed of a forested area with a stream running north to south. Soil Depth and Productivity According to the Natural Resource Conservation Service Soil Survey, the Alderwood gravelly sandy loam is the predominant soil type found within the project area. This is a moderately deep, moderately well drained soil found on glacial till plains. It is formed in ablation till overlying basal till. A weakly cemented hardpan is at a depth of 20 to 40 inches. Permeability is moderately rapid above the hardpan and very slow in the pan. Available water capacity is low and the effective rooting depth for trees is 20-40 inches. A perched seasonal high water table is at a depth of 18-36 inches from November to March. The potential for windthrow of trees is 'moderate' under normal conditions. New trees require irrigation for establishment. Tree Evaluation Each tree within the project site was evaluated. A complete listing of trees within the project site is provided in Attachment 3. For the purposes of description, we will divide the project site into three sections: the stream buffer zone, the storm pond area, and the residential home area where development will occur. Residential Home Area Approximately 9.1 acres of the proposed project area was comprised of residential homes and yards at the time of our field inspection. Many of the parcels contained native tree species as well as planted ornamental specimens. The species found in this area included Douglas-fir (Pseudotsuga menziesii), grand fir (Abies grandis), bigleaf maple (Acer macrophyllum), Scouler's willow (Salix scouleriana), red alder (Alnus rubra), Pacific madrone (Arbutus menziesii), cherry species (Prunus spp.), cypress species (Cupressus spp.), vine maple (Acer circinatum), Katsura tree (Cercidiphyllum japonicum), Hinoki cypress (Chamaecyparis obtusa), European white birch (Betula pendula), western red cedar (Thuja plicata), flowering plum (Prunus cerasifera), western white pine (Pinus monticola), Colorado blue spruce (Picea pungens), black cottonwood (Populus trichocarpa), apple (Malus spp.), honey locust (Gleditsia triacanthos) and western hemlock (Tsuga heterophylla). A total of 154 trees were found within the residential home area, ranging in diameter from 6 to 42 inches DBH. Fourteen additional trees are undesirable species (Populus, Alnus, Salix, and Platanus spp.) as per the Renton tree ordinance. One hundred and twenty (120) ofthese 154 trees were classified as healthy. Washington Forestry Consultants. Inc. Page 2 Copperwood Project Tree Protection Plan Tree condition ranged from very poor to very good, with the majority falling into the fair category. A summary of trees found within the residential home area is shown below: T bl I T a e rees ocate d . h' h 'd . I h WIt III t e resl entIa ft I . orne area a er exc uston 0 f d . bl un esua e specIes. Species DBH Range (in) Total Trees Healthy Trees Douglas-fir 6-42 60 51 Bigleaf maple 6-28 46 33 . Cherry spp 6-12 12 11 Western red cedar 6-21 14 8 All others 6-19 22 17 Total 6-42 154 120 Stream Buffer Zone Trees within the stream buffer zone were inventoried by species, size, and condition. A total of 83 trees were found, with 64 trees in fair or better condition. Again, red alder, cottonwood, willow and London plane was excluded from the inventory and assessment. A summary of trees found within the stream buffer zone is shown below: T bl 2 T a e rees ocate d . h' h b fti ft I . f d . bl WIt III t e stream u er zone a er exc uston 0 un eSlra e specIes. Species DBH Range (in) Total # of Trees Healthy Trees BigleafMaple 6-22+ 49 33 Douglas-fir 6-22+ 25 24 Western red cedar 6-14 5 5 Cherry spp 6-8 3 1 Colorado Blue Spruce 8 1 1 Total 6-22+ 83 64 Storm Pond Area Trees within the storm pond area were inventoried by species, size, and condition. A total of35 trees were found, with 19 trees in fair or better condition. Washington Forestry Consultants, Inc. Page 3 --------------- Copperwood Project Tree Protection Plan A summary of trees found within the storm pond area is shown below: T bl 3 T a e rees ocate d . h' h d WI tInt e storm pon area a ft I . f d . bl er exc uSlOn 0 un eSlra e species. DBHRange Species (in) Total # of Trees Healthy Trees Bigleaf maple 6-22+ 11 3 Douglas-fir 6-22+ 24 16 Total 6+22 35 19 Off-Site Impacts Removal of trees within the project site should not affect off-site trees. Discussion Potential for Tree Retention The following table provides a summary of all potential areas on the site and whether the trees can be saved or removed in the project. These are illustrated on the proposed site plan in Appendix II. A detailed summary of trees by, species, condition, and DBH class is provided in Appendix III. T bl 4 S a e ummaryo f t b I f tree Inven ory ly oca IOn. # of Trees # Healthy to be Area Total #Trees Trees Removed # Trees Retained Residential Home 154 120 120 34 Stream Buffer Zone 83 64 19 64 Storm Pond 35 19 35 0 Total 272 203 174 98 A total of 98 trees will be retained on site. Sixty four trees can be saved within the stream buffer zone and 34 trees can be retained' around the residential homes. Washington Forestry Consultants. Inc. Page 4 Copperwood Project Tree Protection Plan Tree Density Calculations Title 4-4-130 of the Renton Municipal Code requires that a minimum of 30% of all healthy significant trees in buildable areas be retained on the project. Dead, diseased, or dangerous trees within proposed public streets or private access easements were only included once in the trees excluded from retention. The following is a summary ofthe required and planned tree retention: Total Number of Significant Trees on Site Trees Excluded from Retention Calculation: Trees that are Dead, Diseased, or Dangerous Trees in Proposed Public Streets Trees in Private Access easements Trees in Critical Areas and Buffers Number of Healthy, Significant Trees in Buildable Area: Required Tree Retention: 30% of healthy significant trees in buildable area Planned Tree Retention: 272 trees 69 trees 22 trees 5 trees 64 trees 112 trees 34 trees 34 trees There are U2 healthy significant trees in the buildable area of the site. At least 34 ofthese trees need to be retained to meet the City of Renton Code. The proposed plan retains 34 trees outs'ide of the critical areas and buffers. Recommendations Tree Protection Measures Trees to be saved must be protected during construction by a six foot high chain link fencing (Appendix IX), located at the edge of the critical root zone (CRZ). The CRZ shall be the dripline of the stand of trees, or the limits of construction ofthe tree tract. Placards shall be placed on the fencing every 50 feet indicating the words, "NO TRESPASSING -Protected Trees" .. The individual tree CRZ is the dripline (6 feet minimum), unless otherwise delineated by WFCI (see Appendix III). Tree protection fences should be placed around the edge of the critical root zone (CRZ). The fence should be erected after logging but prior to the start of clearing. The fences should be maintained until the start of the landscape installation. There should be no equipment activity (including rototilling) within the critical root zone. No irrigation lines, trenches, or other utilities should be installed within the CRZ. Cuts or fills should impact no more than 20% ofa tree's root system. If topsoil is added to the root zone ofa protected tree, the depth should not exceed 2 inches of a sandy loam or loamy fine sand topsoil and should not cover more than 20% of the root system. Washington Forestry Consultants, Inc. Page 5 Copperwood Project Tree Protection Plan If roots are encountered outside the CRZ during construction, they should be cut cleanly with a saw and covered immediately with moist soil. Noxious vegetation within the critical root zone should be removed by hand. If a proposed save tree must be impacting by grading or fills, then the tree should be re-evaluated by WFCI to determine if the tree can be saved with mitigating measures, or ifthe tree should be removed. Pruning and Thinning All individual trees to be saved near or within developed areas should have their crowns raised to provide a minimum of 8 feet of ground clearance over sidewalks and landscape areas, IS feet over parking lots or streets, and at least 10 feet of building clearance. All pruning should be done according to the ANSI A300 standards for groper pruning, and be completed by an International Society of Arboriculture Certified Arborist ,or be supervised by a Certified Arborist®. Hazard Tree Inspection During the time of our field inspection, there were many large black cottonwood trees growing within the stream buffer zone in the north-east corner of the project site. These trees have reached a mature size. Some are dead, other defective and some have already failed. Many of these trees can reach targets outside of the stream buffer. Cottonwoods are also susceptible to storm damage and limb failure which makes them unsuitable trees for new developm~nts. It is recommended that these trees be individually evaluated to determine their risk to surrounding targets. This should be done and mitigation of the hazard trees done during the land clearing phase ofthe project. WFCI should be contacted to inspect all 'save trees' after initial clearing to mark any additional trees for removal that are deemed to be high risk trees to targets within and outside of the save tree areas. A second inspection of the save trees should occur after the completion of grading to determine if any trees were damaged during grading activity. Conclusions and Timeline for Activity 1. Tree risk assessment should be done for the cottonwoods in the stream buffer. Necessary removals can then be approved and work can be done during land clearing. 2. Forty trees are proposed to be retained in the buildable area of the project. 3. The final, approved tree protection plan map should be included in the construction drawings for bid and construction of the project and should be labeled as such. 4. Stake and heavily flag the clearing limits. 5. Contact WFCI to attend pre-job conference and discuss tree protection issues with contractors. WFCI can verify all trees to be saved and/or removed are adequately marked for retention. Washington Forestry Consultants, Inc. Page 6 Copperwood Project Tree Protection Plan 6. Complete all necessary pruning on save trees or stand edges to provide at least 8' of ground clearance near sidewalks and trails, and 15' above all driveways or access roads. 7. Complete logging. Complete necessary hazard tree removals and invasive plant removals from the tree protection areas. No equipment should enter the tree protection areas during logging. 8. Install tree protection fences along the 'limits of construction'. The fences should be located at the limits of construction or at the dripline of the save tree or as otherwise specified by WFCI. Maintain fences throughout construction. 9. Contact WFCI to inspect the tree protection areas after initial clearing. 10. Do not excavate stumps within 10' of trees to be saved. These should be individually evaluated by WFCI to determine the method of removal. II. Re-inventory the retained trees for final save tree counts. 12. Complete grading and construction of the project. \3. Contact WFCI to final inspect the tree protection areas after grading. 14. All save trees within reach of targets should be inspected annually for 2 years by a qualified professional forester retained by the homeowners association, and bi-annually thereafter. The purpose of these inspections is to identify trees that develop problems due to changing micro-site conditions and to prescribe cultural care or removal. Summary The City of Renton Municipal Code requires 34 of the 112 healthy significant trees (30 %) be retained on the buildable area of the site. This plan retains 34 trees. No tree replacement plan is necessary. Please give me a call if you have further questions. Respectfully submitted, Washington Forestry Consultants, Inc . .Jj~YJ7.V~ Galen M. Wright, ASCA, ACF ISA Board Certified Master Arborist PN-0129 BU Certified Forester No. 44 ISA Tree Risk Assessment Qualified attachment: attachments Washington Forestry Consultants, Inc. Page 7 Copperwood Project Tree Protection Plan Appendix I Figure 1. Aerial Photo of the Copperwood Project Site in Renton, WA (King County iMAP 2009) ---Approximate Site Boundary Washington Forestry Consultants, Inc. Page 8 Copperwood Project Tree Protection Plan Appendix II Figure 2. Copperwood Project Site Plan • t.11'"' • ,.1,.', ... J" • .. 1.1,/ If 1-- Project Boundary • • • • • • • • Stream Buffer Zone • • • • • • • • Storm Pond Area Washington Forestry Consultants. Inc. ----~~~- NORTH No Scale I , I • I , I , I 'Iij I~ Ii. . I , " I : I Page 9 CoppelWood Project Tree Protection Plan Figure 3. Copperwood Project Site Tree Locations (North West) , IT] Retained Tree liI'#lIil Removal Tree _ Project Boundary ._--, , •••• , Tree Protection Fence Location Washington Forestry Consultants, Inc. Page 10 Copperwood Project Tree Protection Plan Figure 4. Copperwood Project Site Tree Locations (South West) 1-----, , 9 .3BU \ 11 ~' :~,( ... L __ "--- ----368- m Retained Tree 111#111 Removal Tree _ Project Boundary -J 12 l Jll9...1 ~ /"" ----- •••• , Tree Protection Fence Location Washington Forestry Consultants, Inc. l , ~ '{\/ 21 , ~ 20 l , , 14 ~115 /~ r '\ -, I , , Page II .---------------------------------_._._--_ ... _-------- Copperwood Project Tree Protection Plan Figure 5. Copperwood Project Site Tree Locations (North Central) 29 \ 385.9 m Retained Tree 1<;'11;;,1 Removal Tree _ Project Boundary •••• , Tree Protection Fence Location Washington Forestry Consuitallls, Inc. 43 385 9 _ ~,.,.. 42 39 ~ Page 12 Copperwood Project Tree Protection Plan Figure 6. Copperwood Project Site Tree Locations (South Central) r-, , '34 ~ .36 ~ I~":'!!!.-- [JJ Retained Tree It;,II;1 Removal Tree _ Project Boundary •••• , Tree Protection Fence Location Washington Forestry Consultants, Inc. 39 .Ja6..9. Page 13 Copperwood Project Tree Protection Plan Figure 7. Copperwood Project Site Tree Locations (North East) I I W Retained Tree \[ii#-'t\ Removal Tree _ Project Boundary •••• , Tree Protection Fence Location Washington Forestry Consultants, Inc, -, I I I I I '" Page 14 Copperwood Project Tree Protection Plan Figure 8. Copperwood Project Site Tree Locations (South East) Retained Tree Iw I Removal Tree _ Project Boundary •••• , Tree Protection Fence Location Washington Forestry Consultants, Inc. Page 15 Copperwood Project Tree Protection Plan Appendix III T bl 5 C a e -opperwoo dP rOject R -d -I A eSI entia rea T ree L-1St Root Project Plan DBH Crown Protection Save or # Species (in) Position Condition Zone (ft) Remove Notes I Douglas-ftr 14 Co-dominant Fair 10 Save 2 Doug1as-ftr 8 Suppressed Poor 7 Remove low vigor 3 Doug1as-ftr 14 Co-dominant Fair 10 Save 4 Doug1as-ftr 17 Co-dominant Fair 11 Save 5 Doug1as-ftr 23 Co-dominant Fair 12 Save 6 Grand ftr 18 Co-dominant Very Good 12 Remove 7 Doug1as-ftr 22 Co-dominant Fair 12 Remove 8 Douglas-ftr 23 Co-dominant Fair 13 Remove 9 Douglas-ftr 18 Co-dominant Fair 11 Remove 10 Douglas-ftr 14 Co-dominant Poor 9 Remove poor health II Douglas-ftr 15 Co-dominant Fair 9 Remove 12 Douglas-ftr 12 Co-dominant Poor 9 Remove poor health, broken top 13 Bigleaf maple 26 Co-dominant Fair 12 Remove 14 Douglas-ftr 16 Intermediate Good 10 Save 15 Bigleaf maple 8,10 Intermediate Fair 8 Save not marked (black berries) 16 Bigleaf maple 8,13 Intermediate Poor 9 Remove broken top 17 Douglas-ftr 42 Dominant Fair 15 Remove 18 Douglas-fir 28 Co-dominant Fair 13 Remove 19 Scouler's willow 6 Suppressed Fair 6 Remove not marked (black berries) 20 Douglas-fir 36 Dominant Fair 15 Remove 21 Red alder 12 Intermediate Fair 9 Remove 22 Douglas-fir 17 Co-dominant Fair 10 Remove 23 Douglas-fir 20 Co-dominant Fair 11 Remove 24 Douglas-fir 18 Co-dominant Fair 10 Remove 25 Bigleaf maple 12 Intermediate Fair 8 Remove 26 Bigleaf maple 18 Intermediate Good 12 Save 27 Douglas-fir 7 Intermediate Poor 6 Remove branch dieback 28 Bigleaf maple 28 Co-dominant Fair 13 Save 29 Bigleaf maple" 20 Co-dominant Fair 11 Remove 30 Western red cedar 18 Co-dominant Poor II Remove multi-topped Washington Forestry Consultants, Inc, Page 16 ------------------------------- Copperwood Project Tree Protection Plan Root Project Plan DBH CrowD Protection Save or # Species (in) Position Condition Zone (ft) Remove Notes 31 Western red cedar 19 Co-dominant Poor 12 Remove multi-topped 32 Western red cedar 18 Co-dominant Poor 12 Remove multi-topped 33 Western red cedar 18 Co-dominant Poor 12 Remove multi-topped 34 Western red cedar 18 Co-dominant Poor 12 Remove mUlti-topped 35 Western red cedar 22 Co-dominant Poor 12 Remove mUlti-topped 36 Scouler's willow 6 Suppressed Fair 6 Remove 37 Bigleaf maple 14 Intennediate Fair 10 Save 38 Red alder 14 Intermediate Very Poor 10 Remove Hazard Tree, dead top, dec'ay 39 Douglas-fir 18 Co-dominant Fair II Save 40 Douglas-fir 12 Intermediate Fair 10 Save 41 Douglas-fir 20 Co-dominant Fair 13 Save 42 Bigleaf maple 10 Intermediate Fair 9 Save 43 Douglas-fir 17 Co-dominant Fair II Save 44 Cherry spp 8 Suppressed Poor 6 Remove poor health, upper stem decay 45 Douglas-fir 20 Co-dominant Fair 12 Remove 46 Grand fir 11 Intermediate Good 10 Remove 47 Pacific madrone 6 Suppressed Poor 6 Remove leaf and twig blight 48 Pacific madrone 5-9 Intermediate Poor 10 Remove 3 stems, leaf and twig blight 49 Bigleaf maple 7-10 Intermediate Fair 10 Remove 3 stems 50 Cherry spp 12 Intermediate Fair 10 Remove 51 Cherry spp 12 Intermediate Fair 10 Remove located in Road A 52 Cypress spp 6 Co-dominant Good 6 Remove located in Road A 53 Cherryspp 6 Co-dominant Fair 6 Remove located in Road A 54 Katsura 3-6 Co-dominant Good 6 Remove 3 stems 55 Vine maple 4,7 Co-dominant Good 6 Remove 56 Hinoki cypress 7 Co-dominant Good 6 Remove 57 Cypress spp 4,6 Co-dominant Good 6 Remove 58 Cherry spp 7 Co-dominant Fair 6 Remove located in Road A 59 Cherry spp 6 Co-dominant Fair 6 Remove located in Road A 60 Douglas-fir 14 Co-dominant Poor 10 Remove poor health, branch dieback 4 stems, not 61 Scouler's willow 4-8 Co-dominant Poor 10 Remove suitable for development Washington Forestry Consultants, Inc. Page 17 -------------~----------------- Copperwood Project Tree Protection Plan Root Project Plan DBH Crown Protection Save or # Species (in) Position Condition Zone (ft) Remove Notes 10 stems, not 62 Scouler's willow 4-12 Co-dominant Poor 12 Remove suitable for development 63 Douglas-fir 18 Co-dominant Good 10 Save 64 Scouler's willow 4-8 Co-dominant Poor 10 Remove not suitable for development 65 Douglas-fir 16 Co-dominant Fair 10 Save 66 Douglas-fir 14 Co-dominant Poor 10 Remove low vigor 67 Bigleaf maple 9 Co-dominant Good 9 Save 68 European white birch II Co-dominant Fair 8 Remove 69 Cherry spp 7 Co-dominant Fair 6 Remove located in access tract 70 Western red cedar 4-7 Co-dominant Good 8 Save 4 stems 71 Western white pine 7 Co-dominant Fair 6 Save 72 Flowering plum 6,6 Co-dominant Poor 8 Remove broken top 73 Flowering plum 5,5 Co-dominant Poor 6 Remove previous branch failure 74 Flowering plum 5,9 Co-dominant Poor 6 Remove previous branch failure 75 Western red cedar 12 Co-dominant Fair 8 Remove located in Road A 76 Lombardi cottonwood 13 Co-dominant Fair 10 Remove not suitable for development 77 Lombardi cottonwood 14 Co-dominant Fair II Remove not suitable for development 78 Lombardi cottonwood 10 Co-dominant Fair 8 Remove not suitable for development 79 Lombardi cottonwood 19 Co-dominant Fair II Remove not suitable for development 80 Bigleaf maple 6,7 Suppressed Fair 8 Remove 81 Cherry spp 10 Intermediate Fair 8 Remove 82 Douglas-fir 15,18 Co-dominant Fair 15 Remove 83 Douglas-fir 20 Co-dominant Fair 12 Remove 84 Bigleaf maple 8-20 Co-dominant Poor 12 Remove 4 stems, co- dominant stems poor structure, not 85 Bigleaf maple 22 Co-dominant Poor 12 Remove suitable for development 86 Douglas-fir 18 Co-dominant Fair 11 Remove Washington Forestry Consultants, Inc. Page 18 Copperwood Project Tree Protection Plan Root Project Plan DBH Crown Protection Save or # Species (in) Position Condition Zone (ft) Remove Notes 87 Douglas-fir 14 Co-dominant Fair 10 Remove 88 Bigleaf maple 8-16 Co-dominant Poor 13 Remove poor branch structure 89 Bigleaf maple II Co-dominant Poor 9 Remove poor branch structure 90 Douglas-fir 18 Co-dominant Fair 10 Remove 91 Douglas-fir II Co-dominant Fair 10 Remove 92 Douglas-fir 16 Co-dominant Fair 10 Remove minor branch 93 Bigleaf maple 17,18 Co-dominant Fair IS Remove dieback, prune dead branches 95 Douglas-fir 16 Co-dominant Poor 10 Remove lean 96 Douglas-fir 12 Co-dominant Fair 10 Remove 97 Douglas-fir 7 Intermediate Poor 6 Remove poor health, broken top 98 Douglas-fir 16 Co-dominant Fair 10 Remove 99 Bigleaf maple 6,17 Co-dominant Poor 12 Remove branch dieback 100 Bigleaf maple 6 Suppressed Poor 6 Remove poor health 101 Bigleaf maple 10 Intermediate Poor 7 Remove poor health poor health, stem 102 Red alder 14 Intermediate Poor 10 Remove decay, located in RoadB 103 Douglas-fir 17 Co-dominant Fair 10 Remove located in Road B 104 Douglas-fir 20 Co-dominant Fair 11 Remove located in Road B poor health, poor lOS Red alder 9 Intermediate Poor 8 Remove structure, located in Road B 106 Cherry spp 6 Intermediate Fair 6 Remove located in Road B 107 Bigleaf maple 8 Intermediate Fair 6 Remove located in Road B 108 Douglas-fir 30 Co-dominant Fair 14 Remove 109 Redwood 10,12 Suppressed Poor 10 Remove dead top, located inRoad C III Bigleaf maple 7 Intermediate Fair 6 Remove located in Road C 112 Bigleaf maple 14 Intermediate Fair 10 . Remove located in Road C 117 Bigleaf maple 8,20 Co-dominant Poor 13 Remove dead stem 118 Western red cedar 18 Intermediate Fair 13 Remove located in Road C 119 Western red cedar 6 Suppressed Fair 6 Remove located in Road C 120 Western red cedar 20 Co-dominant Fair 13 Remove located in Road C 121 Western red cedar 21 Co-dominant Very Good 14 Remove located in Road C Washington Forestry Consultants, Inc. Page 19 Copperwood Project Tree Protection Plan Root Project Plan DBH Crown Protection Save or # Species (in) Position Condition Zone (ft) Remove Notes 122 Douglas-fir 28 Dominant Fair 15 Remove located in Road C 123 Bigleaf maple 10-12 Co-dominant Fair 12 Remove 3 stems 124 Cherry spp 6 Co-dominant Fair 6 Remove 125 Cherry spp 6 Co-dominant Fair 6 Remove 126 Douglas-fir 32 Dominant Fair 15 Remove 127 Apple spp 9 Co-dominant Fair 6 Remove located in Road C 128 Apple spp 7 Co-dominant Fair 6 Remove located in Road C 129 Apple spp 5,6 Co-dominant Fair 6 Remove located in Road C 130 Apple spp 5-7 Co-dominant Fair 6 Remove 3 stems, located in RoadC 131 Apple spp 7 Co-dominant Fair 6 Remove located in Road C 132 Bigleaf maple 9,10 Co-dominant Fair 11 Remove 133 Honey locust 8 Dominant Good 8 Remove 153 Bigleaf maple 5-13 Co-dominant Fair 10 Remove 3 stems, located in access tract 154 Bigleaf maple 27 Co-dominant Fair 12 Remove located in access tract 155 Bigleaf maple 4,8 Suppressed Poor 7 Remove low vigor, located in access tract 156 Douglas-fir 6 Suppressed Poor 6 Remove low vigor, located in access tract 157 Scouler's willow 10 Intermediate Poor 7 Remove not suitable for development 158 Douglas-fir 6 Intermediate Fair 6 Remove 159 Douglas-fir 16 Co-dominant Fair 11 Remove 160 Douglas-fir 18 Co-dominant Fair 12 Remove 161 Douglas-fir 20 Co-dominant Fair 11 Remove located in access tract 162 Douglas-fir 18 Co-dominant Fair 10 Remove 163 Douglas-fir 20 Co-dominant Fair 12 Remove 164 Douglas-fir 6 Suppressed Fair 6 Remove 165 Douglas-fir 7 Suppressed Fair 6 Remove 166 Douglas-fir 22 Co-dominant Fair 12 Remove 167 Western red cedar 14 Intermediate Fair 10 Remove 168 Douglas-fir 22 Co-dominant Fair 12 Remove ivy 169 Douglas-fir 18 Co-dominant Fair 11 Remove ivy 170 Douglas-fir IS Co-dominant Fair 10 Remove ivy Washington Forestry Consultants, Inc. Page 20 Copperwood Project Tree Protection Plan Root Project Plan DBH Crown Protection Save or # Species (in) Position Condition Zone(ft) . Remove Notes 171 Bigleaf maple 5-18 Co-dominant Poor IS Remove 5 stems, poor structure 172 Bigleaf maple 10-15 Co-dominant Poor IS Remove 4 stems, poor structure 173 Douglas-fir IS Co-dominant Fair 10 Remove 174 Western hemlock 13 Intermediate Good 10 Remove 175 Western red cedar 18 Co-dominant Fair 10 Save 176 Douglas-fir 13 Co-dominant Fair 10 Remove 177 Douglas-fir 13 Co-dominant Fair 10 Remove 178 Bigleafmaple 7 Co-dominant Fair 7 Save 179 Bigleaf maple 7 Co-dominant Fair 7 Save 180 Bigleaf maple 22 Dominant Fair 14 Save 181 Bigleaf maple II Co-dominant Fair 9 Remove 182 Bigleaf maple 6 Intermediate Fair 6 Save 183 Bigleaf maple 10 Co-dominant Fair 9 Save 184 Bigleaf maple 4-7 Co-dominant Fair 10 Save 185 Bigleaf maple 9 Co-dominant Fair 9 Save 186 Bigleaf maple 9 Co-dominant Fair 9 Save 187 ·Bigleaf maple 7 Co-dominant Fair 6 Save 188 Bigleaf maple 6 Co-dominant Fair 6 Save 189 Bigleaf maple 8 Co-dominant Fair 8 Save 190 Bigleaf maple 8 Co-dominant Fair 8 Save 191 Bigleaf maple 30 Dominant Fair 18 Save 192 Cherry spp 7 Co-dominant Fair 7 Save 193 Bigleaf maple 9 Co-dominant Fair 8 Remove located in access tract Washington Forestry Consultants. Inc. Page 21 Copperwood Project Tree Protection Plan Appendix IV Table 6. Copperwood Project Storm Pond Area Tree Condition by Diameter Class and Species. Poor Health Diameter Class (in Species 6 8 10 12 14 16 18 20 22+ Bigleaf Maple I 3 2 I I Douglas· fir I 4 2 I Fair Health Diameter Class (in Species 6 8 10 12 14 16 18 20 22+ Bigleaf Maple I I I Douglas-fir I 5 I 2 I 6 Washington Forestry Consultants, Inc. Page 22 ------------------------------ Copperwood Project Tree Protection Plan Table 7. Copperwood Project Stream Buffer Zone Tree Condition by Diameter Class and Species. Poor Health Diameter Class (in) Species 6 8 10 12 14 16 18 20 22+ BigleafMaple I 3 I 2 2 I 2 4 Douglas-fir I 0 0 Cherry spp. I I Fair Health Diameter Class (in) Species 6 8 10 12 14 16 18 20 22+ Bigleaf Maple 6 4 I 4 3 2 I 3 3 Douglas-fir I 3 I 5 0 0 I 5 Western Red Cedar I Cherry spp. I Good Health Diameter Class (in) Species 6 8 10 12 14 16 18 20 22+ Bigleaf Maple 3 3 Douglas-fir 6 1 I Western Red Cedar 1 2 1 Blue spruce I Washington Forestry Consultants, Inc. Page 23 Copperwood Project Tree Protection Plan Appendix V WFCI Photo Log (4/14/2014) Photo A. Trees to # 3-4 to be retained. All trees evaluated within the residential area have blue numbers at the base. Photo B. View looking south along the western boundary of the project area. Wa s hin gton F o restry Con s ultants, In c. Page 24 Copperwood Project Tree Protection Plan Photo C. View from the northern project boundary looking south-east towards the stream and forested area. Photo D. Large black cottonwood trees in the northwest corner of the project site. Trees are over mature and prone failure. Washington Forestry Consultants, Inc. Page 25 ,--------------------------------- Copperwood Project Tree Protection Plan Appendix VI Individual Tree Rating Key for Tree Condition RATING SYMBOL DEFINITION Very Good VG • Balanced crown that is characteristic of the species • Nonnallateral and tenninal branch growth rates for the species and soil type • Stem sound, normal bark vigor • No root problems • No insect or disease problems • Long-tenn, attractive tree Good G • Crown lacking symmetry but nearly balanced • Normal lateral and tenninal branch growth rates for the species and soil type • Minor twig dieback O.K. • Stem sound, nonnal bark vigor • No root problems • No or minor insect or disease problems -insignificant • Long-tenn tree Fair F • Crown lacking symmetry due to branch loss • Slow lateral and tenninal branch growth rates for the species and soil type • Minor and major twig dieback -starting to decline • Stem partly unsound, slow diameter growth and low bark vigor • Minor root problems • Minor insect or disease problems • Short-term tree 10-30 years Poor P • Major branch loss -unsymmetrical crown • Greatly reduced growth • Several structurally import dead or branch scaffold branches • Stem has bark loss and significant decay with poor bark vigor • Root damage • Insect or disease problems -remedy required • Short-tenn tree 1-10 years Very Poor VP • Lacking adequate live crown for survival and growth • Severe decHne • Minor and major twig dieback • Stem unsound, bark sloughing, previous stem or large branch failures, very poor bark vigor • Severe root problems or disease • No or minor insect or disease problems • Mortality expected within the next rew years Dead DEAD • Dead Washington Forestry Consultants, Inc. Page 26 Copperwood Project Tree Protection Plan Cultural Care Needs: ABBRV. ACTIVITY DESCRIPTION CC Crown Pruning of dead, dying, diseased, damaged, or defective branches over 1/2 inch in C1eanin!! diameter -includes removal of dead tops CT Crown Pruning of branches described in crown cleaning, plus thinning of up to 20% of the Thinning live branches over y, inch diameter. Branch should be 1/3 to Y, the diameter of the lateral branch. Thinning should be well distributed throughout crown of tree, and should release healthy, long-term branches. RC Crown Reduction of the crown of a tree by pruning to lateral branches. Generally used to Reduction remove declining branches or to lighten end weight on long branches. CR Crown Pruning of lower branches to remove deadwood or to provide ground or building Raisin!! clearances. RMV Remove Remove tree due to decline or hazardous conditions that cannot be mitigated by pruning. RS Remove Remove basal sprouts from stem oftree. Sprouts Rep Replace Tree is small-is in decline or dead. Replace with suitable tree species. HT Hazard Tree Tree is hazardous and cannot be mitigated by pruning. Recommendation is to remove tree. None No Work No work necessary at this time. Washington Forestry Consultants. Inc. Page 27 Copperwood Project Tree Protection Plan Appendix VII Description of Tree Evaluation Methodology The evaluation of the tree condition on this site included the visual assessment of: 1. Live-crown ratio, 2. Lateral and terminal branch growth rates, 3. Presence of dieback in minor and major scaffold branches and twigs, 4. Foliage color, 5. Stem soundness and other structural defects, 6. Visual root collar examination, 7. Presence of insect or disease problems. 8. Windfirmness iftree removal will expose this tree to failure. In cases where signs of internal defect or disease were suspected, a core sample was taken to look for stain, decay, and diameter growth rates. Also, root collars were exposed to look for the presence of root disease. In all cases, the overall appearance of the tree was considered relative to its ability to add value to either an individual lot or the entire subdivision. Also, the scale of the tree and its proximity to both proposed and existing houses was considered. Lastly, the potential for incorporation into the project design is evaluated, as well as potential site plan modifications that may allow otherwise removed tree(s) to be both saved and protected in the development. Trees that are preserved in a development must be carefully selected to make sure that they can survive construction impacts, adapt to a new environment, and perform well in the landscape. Healthy, vigorous trees are better able to tolerate impacts such as root injury, changes in soils moisture regimes, and soil compaction than are low vigor trees. Structural characteristics are also important in assessing suitability. Trees with significant decay and other structural defects that cannot be treated are likely to fail. Such trees should not be preserved in areas where damage to people or property could occur. Trees that have developed in a forest stand are adapted to the close, dense conditions found in such stands. When surrounding trees are removed during clearing and grading, the remaining trees are exposed to extremes in wind, temperature, solar radiation, which causes sunscald, and other influences. Young, vigorous trees with well-developed crowns are best able to adapt to these changing site conditions. Washington Forestry Consultants, Inc. Page 28 r Copperwood Project Tree Protection Plan Appendix VIII Glossary of Forestry and Arboricultural Terminology DBB: Diameter at Breast Height (measured 4.5 ft. above the ground line on the high side of the tree). Caliper: In Issaquah -Caliper is referring to diameter measurement at D BH. Live Crown Ratio: Ratio oflive foliage on the stem ofthe tree. Example: A 100' tall tree with 40 feet of live crown would have a 40% live crown ratio. Conifers with less than 30% live crown ratio are generally not considered to be long-term trees in forestry. Crown: Portion of a trees stem covered by live foliage. Crown Position: Position of the crown with respect to other trees in the stand. Dominant Crown Position: Receives light from above and from the sides. Codominant Crown Position: Receives light from above and some from the sides. Intermediate Crown Position: Receives little light from above and none from the sides. Trees tend to be slender with poor live crown ratios. Suppressed Crown Position: Receives no light from above and none from the sides. Trees tend to be slender with poor live crown ratios. Washington Forestry Consultants, Inc. , Page 29 Copperwood Project Tree Protection Plan Appendix IX Tree Protection Fence Detail ANO+OR POSTS SHOULD BE WlNDIJJM S' TALl 'T-8AR' FtJrtCE POSTS t-----8 FT. "AX. ----~ NO TRESPASSING -Protected Trees ANQiCR POS1'5 MUST _ BE (NST AU.!J) TO A DEP'ni OF' NO LESS THAN 1/3 fE 1M( TOTAl. HEIGHT ~ POST. 6 ft. Temporary Chain Link Fence on Driven Posts THE TREE PROTECTION FDtCE SHClJLD BE MAJNTAINED THROUQiOOT THE CONSTRucnON .t.NO GRADING. AHD NOT TO BE ROIOVEO UHm. flNAL LANDSCAPING IS IN PROGRESS. AT NO T1WE SHAU. EOU1Pt.fENT ENTER INTO THE ROOT PROT[CnC»l ZONE (RPZ). AlL BRuSH aLANUP wmttN THE RPZ SHOUlD BE CC&IPlEI'ED BY HAND TO PRtVENT DIS'ruRlAHCX (7 Nit. nvE: GROUND COVERS NO cun OR FDJ.S. UTUITY TREHOIING. NODIFtCA nONS TO DRAINAGE. OR CONCRElE RISE WA n:R SHOULD IWPACT 'niE RPl. NO WIRES. CASL£S. OR OlMER OE\IJCES SHOULD BE ATTA-aiEl) TO PROTECTED TREES DURING cacSlRucnON. Ii tWPAClS UUST OCC1JR Wl1HlH neE RPl, CCWTACT \W'C:I PRIOR TO THE OPERAnONS TO DEl!RJ,IINE 'THE PRCF£R PROCEDURE TO PROTECT THE TREE'S H£Al.tH. '. • • Washington Forestry Consultants, Inc. Page 30 Copperwood Project Tree Protection Plan Appendix X Assumptions and Limiting Conditions 1) Any legal description provided to the Washington Forestry Consultants, Inc. is assumed to be correct. Any titles and ownership's to any property are assumed to be good and marketable. No responsibility is assumed for matters legal in character. Any and all property is appraised or evaluated as though free and clear, under responsible ownership and competent management. 2) It is assumed that any property is not in violation of any applicable codes, ordinances, statutes, or other governmental regulations, unless otherwise stated. 3) Care has been taken to obtain all information from reliable sources. All data has been verified insofar as possible; however, Washington Forestry Consultants, Inc. can neither guarantee nor be responsible for the accuracy of information. 4) Washington Forestry Consultants, Inc. shall not be required to give testimony or to attend court by reason of this report unless subsequent contractual arrangements are made, including payment of an additional fee for such services as described in the fee schedule and contract of engagement. 5) Loss or alteration of any part of this report invalidated the entire report. 6) Possession of this report or a copy thereof does not imply right of publication or use for any purpose by any other than the person to whom it is addressed, without the prior expressed written or verbal consent of Washington Forestry Consultants, Inc. 7) Neither all or any part of the contents of this report, nor copy thereof, shall be conveyed by anyone, including the client, to the public through advertising, public relations, news, sales or other media, without the prior expressed written or verbal consent of Washington Forestry Consultants, Inc. --particularly as to value conclusions, identity of Washington Forestry Consultants, Inc., or any reference to any professional society or to any initialed designation conferred upon Washington Forestry Consultants, Inc. as stated in its qualifications. 8) Thineport and any values expressed herein represent the opinion of Washington Forestry Consultants, Inc., and the fee is in no way contingent upon the reporting of a specified value, a stipulated result, the occurrence neither of a subsequent event, nor upon any finding in to reported. 9) Sketches, diagrams, graphs, and photographs in this report, being intended as visual aids, are not necessarily to scale and should not be construed as engineering or architectural reports or surveys. 10) Unless expressed otherwise: 1) information contained in this report covers only those items that were examined and reflects the condition of those items at the time of inspection; and 2) the inspection is limited to visual examination of accessible items without dissection, excavation, probing, or coring. There is no warranty or guarantee, expressed or implied, that problems or deficiencies of the tree or other plant or property in question may not arise in the future. Note: Even healthy trees can fail under normal or storm conditions. The only way to eliminate all risk is to remove all trees within reach of all targets. Annual monitoring by an ISA Certified Arborist or Certified Forester will reduce the potential of tree failures. It is impossible to predict with certainty that a tree will stand or fail, or the timing of the failure. It is considered an 'Act of God' when a tree fails, unless it is directly felled or pushed over by man 's actions. Washington Forestry Consultants, Inc. Page 31 , " 'I ~ First American Pat Fullerton (206) 615-3055 pfullertoncpflrstam.com To: WestPac Development LLC 7449 W Mercer WAY Mercer Island, WA 98040 Attn: Brenda King County Title Team One Fax No. (866) 904-2177 Jennifer Salas (206) 615-3011 JsalaSCflrslam.a.m ±\~2~PBnY 818 stewart 5t, ste 800 Seattle, WA 98101 Phn -(206)728-0400 (800)826-7718 Fax - Tina Kotas (206) 615-3012 tkotaSCflrslam.a>m Rle No.: 4291-2194150 Your Ref No.: QPID-12170 Re: Property Address: 14217 SE 136th Street. Renton, WA 98059 Amended Supplemental Report 4 Dated: February 20, 2014 at 8:00 A.M. Commitment/Preliminary Report No. 4291.-21.941.50 dated as of January 07, 2014 (including any supplements or amendments thereto) relating to the issuance of an American Land Title Association Form Policy is hereby modified and/or supplemented as follows: Paragraph No(s). 6 has/have been amended to read as follows: 6. Terms, conditions, provisions and stipulations of the Operating Agreement orf~_Handley_LL.c=::=:; According to said Agreement dated December 06, 2004, Charles T. Handley is/are the manager(s) thereof. Any amendments to said Agreement must be submitted. Any conveyance or encumbrance of the property must be executed by said manager(s) as provided for therein, subject to said amendments, if any. Paragraph no.(s) 7 of our Commitment/Preliminary Report has/have been eliminated. Pat Fullerton, Title Officer Page lof 1 RECEIVED MAY - 2 (0'1 CITY OF RENTON PLANNING DIVISION LIMITED LIABILITY COMP . AGREEMENT OF CBS HANDLEY, L (a Washington Limited Liabili Company) Dated and Effectiv as of December 6, 2004 TABLE OF CONTE S ARTICLE 1 -FORMATION 1.1 Certificate of Formation 1.2 Name 1.3 Pwposes 1.4 Term 1.5 Principal Place of Business 1.6 Registered Office and Registered Agen ARTICLE 2 -DEFINITIONS ARTICLE 3 -MEMBERS, CONTRIBUI10NS AND INTERESTS 3.1 Members and Units 3.2 Additional Members 3.3 Contributions 3.4 Member Loans 3.5 Capital Accounts 3.6 Transfers of Member's Interest ARTICLE4-MANAGEMENT 4.1 Managing Member 4.2 Management 4.3 Control 4.4 Powers 4.5 Members' Other Activities 4.6 Manager Compensation and Expense Reimbursement ARTICLE 5 -ACCOUNTING AND RECORDS 5.1 Books of Account 5.2 Fiscal Year 5.3 Accounting Reports 5.4 Tax Returns 5.5 Tax Matters Partner ARTICLE 6 -ALLOCATIONS AND DISTRIBUI1PNS 6.1 Allocation of Net Profit and Loss -In General. 6.2 Special Allocations i .' 6.3 Corrective Allocations 6.4 Other Allocation Rules. 6.5 Detennination of Net Profit or Loss. 6.6 Mandatory Tax Allocations Under Co e Section 704( c) 6.7 Distributions ARTICLE 7 -DISSOLUTION AND LIQUIDATION 7.1 Events of Dissolution I 7.2 Liquidation Upon Dissolution and W~ding Up 7.3 No Obligation to Restore Negative CaC·tal Account Balance on Liquidation ARTICLE 8 -LIMITATION OF LIABILITY; IND ICATION 8.1 Limitation of Liability 8.2 Indemnification ARTICLE 9 -MISCELLANEOUS 9.1 Notices 9.2 Governing Law 9.3 . Amendments 9.4 Construction 9.5 Headings 9.6 Waivers 9.7 Remedies 9.8 Severability 9.9 Heirs, Successors and Assigns 9.1 0 Creditors 9.11 Counterparts 9.12 Spouse Agreement 9.13 Character of Units ii -------~----------------------c- LIMITED LIABn.ITY COMP AGREEMENT of CBS HANDLEY, LIf (a Washington Limited LiabiliJ Company) TInS LIMITED LIABILITY COMPANY AGREEMENT, dated ~ December 6, 2004, is made among the persons who:k signatures appear on the signature page hereof ARTICLE 1 -FORMATION 1.1 Certificate of Formation. A CertificaL of Formation was filed on December 2,2004, stated to be effective on the date of filing, and is the date on which the term of the Company shall begin. 1.2 Name. The name of the limited liability company is "CBS HANDLEY, LLC." 1.3 Purposes. The principal purpose and Qusiness of the Company is to acquire, hold for investment and capital appreciation purposes, manage, and otherwise deal in real and personal property, and to I,xerciseall other powers necessary or reasonably connected or incidental to shch purpose and business that may be legally exercised by the Company. Further, jthe Members anticipate that the Company will be utilized as a long-term family investment vehicle to pursue appropriate business and investment opportunities oh behalf of the Members and future members who are related to the Members, and the Members believe that the Company will facilitate their objectives by: I 1.3.1 Pooling of assets to allow unified management and lower operating expenses, compared to multiple, individwb ownerships. 1.3.2 Allowing the Members to pool C~Pital for long-term diversification of investments. 1.3.3 Allowing the Members a level of assurance that the pool of investments will be maintained as a family investm Int vehicle, to the exclusion of non-family members. 1.3.4 Preventing the pledging or enclJ.lDbrance offamily investment assets, and decreasing the risk of a creditor involuntarily attempting to reach family investment assets. d . 1.3.5 Limiting the likelihood that ly investment assets would be awarded to a spouse of a family member in the con xt of a marital dissolution proceeding. 1.3.6 Providing a flexible legal entity hich is not irrevocable, and : may be amended with the consent of all Members, r that portion of the Members as stated in this Agreement. 1.3.7 Providing a mechanism other th litigation to resolve disputes of Company investment or management issues, as 10Vided in Section 4.3. 1.3.8 Facilitating communication and education among the Members regarding family investment matters in the context fCompany communications, and meetings. 1.3.9 Avoiding ancillary probate costs for Members who may now or hereafter reside outside of Washington, with regard to any Washington real property which may be owned by the Company. 1.4 Term. The term of the Company shall continue until December 31, 2025, unless the Company is earlier dissolved in ac ordance with Article 7. 1.5 Principal Place of Bnsines5. The prin ipal place of business of the Company shall be 19503 S.E. 138th Place, Renton, ashington 98059. The Managing Member may relocate the principal place of business or establish additional offices from time to time. 1.6 Registered Office and Registered Ag nt. The Company's initial registered agent and the address of its initial registered office are as follows: Name lddress DWTR&J Corp. 2600 ~entury Square 1501 Fourth Avenue Seattle! Washington 98101-1688 The registered office and registered agent may be cJanged by the Managing Member from time to time by filing an amendment 10 the Certificate of Formation. 2 ARTICLE 2 - D ONS The following terms used in this Agreement hall have the following meanings (unless otherwise expressly provided her in): "Act" means the Washington Limited Liabi· Company Act (RCW Ch.25.15). , ~ "Agreement" means this limited liability co pany agreement, as originally executed and as amended from time to time. "€apital Account" has the meaning defined" Section 3.5. "Code" means the Internal Revenue Code of 1986, as amended, or corresponding provisions of subsequent supersedin federal revenue laws. ~--------- "Company" means the limited liability comp'any governed by this Agreement. "Deficit Capital Account" means, with resp!ct to any Member, the deficit balance, if any, in such Member's Capital Account As of the end of the taxable year, after giving effect to the following adjustment (i) credit to such Capital Account any amount that such Member is obligated to restore to thb Company under Regulation Section 1.704-1 (b )(2)(ii)( c), as W 1 11 as any addition thereto pursuant to the next to last sentences ofRegu ation Sections 1.704- 2(g)(1) and (i)(5); and (ii) debit to such Capital Account the items described in Regulation Section 1.704-1(bX2XiiXd)(4), (5) and (6). This definition is intended to comply with the provi~ions of Regulation Sections 1.704-1(b)(2)(ii)(d) and 1.704-2, and shall be interpreted consistently with those provisions. . "Distributable Funds" means cash funds of the Company, in excess of the amounts reasonably required to be retained by the Cbmpany for reserves and to ' service the debt and other obligations of the Comp~y and taking into account the investments which may be available to the Company in light of its business purpose. The Managing Member shall exercise disdretion in determining Distributable Funds in light of a general intention o~ the Members to provide for the current payment of distributable funds from the Company to the Members, considering the above factors. 3 "Majority Interest" means the vote, approval, consent or other action of Members holding more than seventy percent (70%) of the Profits Interests and the Capital Interests of the Company held by such Me bers. For these purposes, a . Company's net profits under Section 7.1.1(c), and a Member's Capital Interest is based on the Member's Capital Account balance de . ed as of the date on which the event triggering such vote, approval, co nt, or other action of the Members occurs. . "Majority Percentage Interest" means the ote, approval, consent or other action of Members entitled to act holding more th seventy percent (70%) of the. Percentage Interests held by such Members as ofth date on which the event triggering the vote or other action of Members oc "Managing Member" is Charles T. Handle and'Brenda Handley, serving together, provided however, that if either Brenda I!fdley or Charles T. Handley fails or ceases to be a Managing Member as provide<l in Section 4.1, the other shall continue as the sole Managing Member. "Member" means each person who executes a· counterpart of this Agreement as a Member and each person who may ereafter be admitted to the Company as an additional or substituted Member and executes a counterpart of this Agreement. "Percentage Interest" means each Member'~ percentage interest in the Company determined by a ratio, the numerator of which· is the number of Units held by that Member, and the denominator of which I is the total number of Units ~eld by all Members, as set forth on attached SChedfe L as amended from time to time. "Regulation" includes temporary and final Treasury regulations promulgated under the Code and the corresponding ~ections of any regulations , subsequently issued that amend or supersede such rdgulations. . "Units" means the Units issued to Members rk,resenting the interests of the ~ember:' in the Company as set forth on a. _hod sie I, .. ""ended from time to time. ARTICLE 3':' MEMBERS, CONTRIBUTIONS AND INTERESTS I 3.1 Members and Units. The names and fIdresses of the Members and their Units are as set forth on attached Schedule I, amended from time to time. 4 3.2 Additional Members. Additional Members shall be admitted as provided in this Agreement. In connection with thd admission of an additional Member who is not receiving Units transferred frorb another Member, the Managing Member may increase the total number dfUnits in the Company as necessary. , . 3.3 Contributions. Each Member shall c ntribute as his or her initial capital contribution to the Company the cash andlo property described on attached Schedule 1. No interest shail be paid on capital co~tributions and no Member shall have the right to withdraw his or her capital contribution. . I . 3.4 Member Loans. Any Member, with the consent of the Managing Member, may advance monies to the Company for ~ by the Company in its business. Such advances shall be an obligation of tile Company to such Member. and, unless otherwise agreed by the Member making the advance and the Managing Member, shall be repaid with interest (at an annual rate not exceeding the rate which would be charged by unaffiliated lenders for comparable loans) before any Member receives any cash distribution Jith respect to his, her or its Units. Such advances shall be deemed a loan by thll Member to the Company and shall not be a capital contribution. 3.5 Capital Accounts. A capital account <i'Capital Account") shall be . determined and maintained for each Member in acc?rdance with the principles of Regulation Section 1.704-1(b) at all times through0yt the full term of the Company. In the event .of a permitted sale or assignplent of all or any part of a Member's interest in the Company, the Capital Acc?unt of the transferor shall become the Capital Account of the transferee to the extent it relates to the transferred Company interest. In the discretion of the Managing Member, the book value of all Company properties may be adjusted to equal their respective ~ss fair market values, as determined by the Managing Member as of the folloWing times: (1) in connection with the acquisition of an interest in the Company b~ a new or existing Member for more than a de minimis capital contribution; (2) in cpnnection with the liquidation of the Company as defined in Regulation Section 1.704-(1)(bX2)(iiXg); or (3) in connection with a more than de minimis distributio~ to a retiring or a continuing Member as consideration for all or a portion of his or its interest in the Company. I In the event of a revaluation of any Company assets hereunder, the Capital Accounts of the Members shall be adjusted, includiJg continuing adjustments for. depreciation, to the extent provided in Regulation S~ction 1.704-(I)(b )(2)(iv)(t). 5 3.6 Transfers of Member's Interest. (a) General Limitation. No' ember shall withdraw from· the Company or assign, encumber, sell or otherwise transfer all or any portion of, or interest in, the Member's Units except as provide(! in this Section 3.6. Transfers of Units, and interests therein, arising out of or in c~lnnecti. 'on with a Member's death or marital dissolution proceeding shall be sub ect to, and be made only as ' provided in, this Section 3.6. A Member's withdra . al or assignment, encumbrance, sale or other transfer of Units in Violation of this Section 3.6 shall constitute a breach of this Agreement for which the Company and other Members shall have the rights provided in Section 3.6(e) and ~y other remedies provided under applicable law. (b) Permitted Transfers. Orily the transfer of Units described in this Section 3.6(b) may be made withodt complying with the requirements of Sections 3.6(a). (c), (d) and (e). An!y Member may transfer either by will or otherwise upon death, or by inter vivos gift or sale, directly or through . trusts or custodianships, Units to or for the benefit of any other Member and to or for the benefit of any lineal descendant of Brenda I;IF.dley and Charles T. Handley. For purposes of this Agreement, a "lineal (leseendant" or a "descendant" of any Member shall include a person whose relatiobship is established by adoption. Any such transferee who was a Member ~rior to such transfer shall also be a Member with respect to the transferred Units, blrt any other transferee shall become a Member only upon complying with Secti ns 3.6 e i and ii . If the transferee does not become a Member, the transfer shall be entitled to receive such distributions, and to receive such allocation of mcome, gain, loss, deductio~ credit or similar item to which the transferor was entitled with respect to such Units. (c) Substituted Member. Except as otherwise provided in I Section 3.6(b) above, no transferee of a Member's Units shall become a Member in place of the transferor Member unless the following ,conditions have been satisfied: (i) The Managing Member has received a written instrument of transfer satisfactory in fbrm to the Managing Member setting forth the intention of the tranJferor that the transferee become a Member in place of the transferor; td (ii) The transferee shall have executed an instrument, in form and substance satisfacto I to the Managing 6 ----------- Member, accepting and agreeing to be boun by all of the terms and conditions of this Agreement Upon satisfaction of the foregoing requirements, th transferee shall become a Member effective on the first day of the calendar ~onth following the satisfaction of the foregoing requirements. If the transferee does not become a Member, the transferee shall be entitled as an assignee to share * such profits and losses, to receive such distributions, and to receive such all<X1ation of income, gain, loss, deduction, credit or similar item to which the transrror was entitled with respectto such Units. (d) Right of First Refusal. ~xcept as otherwise provided in Section 3.6(b) above, no Member shall have the rig)tt to transfer his, her or its I Units until such Member has complied with the fOl~owing requirements: (i) In the event a Member ("Selling Member") desires to sell all or part of his, her or its Units or a portion thereof and receives a bona fide written offer ("Offer") tiierefor which the Selling Member intends to accept, the Selling Membbr before accepting such Offer shall first notify and provide a copy of lhe Offer to the Managing Member .. The Offer must contain ~l material terms relating to the purchase and sale, including ~e name of the transferee. The consideration set forth in the Offer must be entirely monetary. Within ten (10) days following receipt, the Managing Member shall provide each Member with a copy of the Offtr. (ii) The Company and the Members shall have forty-five (45) days following rec~ipt ofa co+~ of the Offer from the Managing Member within which to make a ~tten election to purchase the Selling Member's Units being o~ered for sale upon the terms and conditions set forth in the Offer. If none of such Members or the Company elects to purchase all of sucH Units within said forty- five (45) day period, the Selling Member maf effect the sale of such Units to the purchaser identified in the Offer and upon the terms and conditions set forth in the Offer, but not othetfwise. However, if the sale is not completed within sixty (60) days following expiration of said forty-five (45) day period, the Selling M~mber's Units may not thereafter be transferred without again compl~g with this Section 3.6(d). 7 ._-------- (iii) In the event (i) the Company, (ii) any of the Members who are descendants, lineal ancest~rs, or siblings of the Selling Member, or (iii) any other Members ~lect to purchase the Units of the Selling Member, they shall havejthe right to purchase such Units in the priority set forth below, an~ such purchase shall be completed within the time period set forth in the Offer or within ninety (90) days of written election to purchake, whichever is later: .Eirn. Members who are descenlts of th~ Selling Member, pro rata, based upon the number orlJnits held by such Members, J Second, Members who are sibr gs of the Selling • • Member, pro rata, based upon the number ofUruts held by such Members, Third, Members who are ancestors of the Selling Member, pro rata, based upon the number oclJnits held by such Members, Fourth, the Company, and Em!, all other Members, pro rata, based upon the number of Units held by such other Membersf Any such Members, among themselves in an~ of such classes, may agree to purchase the Units of the Selling Member on a basis other than as set forth above. (e) Option to Purchase Member's Units in Certain . Events. In the event of either (i) the withdrawal of ~ Member or (ii) an attempted voluntary or involuntary assignment, encumbrance, kale, gift or other transfer of Units in violation of this Section 3.6, the Company ~d the other Members shall each have the option, exercisable by written notice to the person who succeeds to the interest of such Member given within thirty (30)ldays after receiving notice of such event giving rise to this purchase option, to putchase all such Member's Units and entire interest in the Company. The relative ri~ts of the Company and the Members to purchase such Units shall be as set fortli in Section 3.6(d)(iii). Without limiting the generality of this subparagraphi( e) it specifically shall apply to any attempted transfer of Units to the spouse of ~ Member who is not already a Member (whether by the Member or by a court of aIh>ropriate jurisdiction) in . connection with a marital dissolution proceeding of it Member. Notwithstanding 8 the prior provisions of this Section, the Member sh have a first order of prioritY to purchase under Section 3.6(dXiii) with regard to any attempted transfer of Units to the spouse of the Member. The purchase price in the event of an involWltary or voluntary transfer of Units to the spouse of a Member shall be (i) the faif market value of such Member's Units as of the date of the event giving rise to the purchase option, using the methods that would be applied in detetmining shch value for federal estate tax purposes, including any appropriate discounts for lfk of marketability, minority' interests and otherwise, (ii) reduced by the amount pf any damages suffered by the Company or the other Members as a result of such tIember's breach of this Agreement. The Managing Member may act as the appraiser for purposes of determining the fair market value of such Member' k Units and of any assets of the Company that do not have a generally accepted rna{ket value (e.g., assets other than cash or publicly traded securities). The M~g. Member shall provide to the person(s) succeeding to such Member's U~~~~ appraised value of the Company's assets for purposes of this Section 3.6(e). If such person(s) does not accept such appraisal, such person(s) may appoint a'n additional qualified appraiser who or which shall be approved by the Managing Member. Such appraiser shall provide an appraisal within sixty (60) days followU{g such appointment which shall be binding in determining the fair market value of the Units. The purchase price in the event of a withdraJ,w and in the event of any other attempted assignment, encumbrance, sale, gift, or other transfer of Units shall be , ninety percent (90%) of the fair market value of such member's Units as determined in the prior paragraph. I . The purchase price for any purchase under this Section 3.6(e) shall be paid. by payment of not less than twenty percent (20%) 0' the purchase price in cash within one hundred eighty (180) days following the date of the event giving rise ~ the purchase option under this Section 3.6( e), and e balance shall be paid over a term offive (5) years in equal quarterly'installmen of principal and interest. Interest shall be at the lowest permissible rate allowFd on the date of the event : giving rise to the purchase option under this secti0J3.6(e) Wlder the applicable provisions of the Code setting a minimum rate of in erest to use in connection with the sale to avoid an imputation of a higher rate of inbst for federal income tax purposes. If the Company and the other Members do not exercise the purchase option Wlderthis Section 3.6(e), then each of the persons Jho succeed to such Member's interest shall be an assignee of such Member and sIiliIl be entitled to receive such 9 distributions, and to receive such allocation of income, gain, loss, deduction, credit or similar item to which the transferor was entitledlwith respect to such Units, but shall not become a Member without complying with the requirements of Section 3.6(c}. ARTICLE 4 -MANAG MENT 4.1 Managing Member. Any person serving as a Managing Member ~r co-Managing Member shall be a Managing Membdr until the earlier of (i) resignation as a Managing Member, (ii) such peron ceases to be a Member for any reason, including as the result of a withdrawal a Member in violation of this Agreement, or (iii) such person's personal physici certifies that he or she is unable to effectively manage his or her financial airs for any reason, such as age, physical illness, mental illness, incompetency, or confinement. A Managing Member shall act as a fiduciary with regard to theperation and management of . the Company, including without limitation the d:tte . tion of Distributable Funds. . If a Managing Member fails or ceases to fand no successor is otherwise named or provided for, then with the unanimous co ent of all Members, another Managing Member shall be selected. 4~ Management. The Managing Member shall have the exclusive right and power to manage the Company and do all thin~ necessary or appropriate to carry on the business of the Company. I 4.3 ControL Except as otherwise provide~ in this Agreement, if at any . time there is more than one person who is a Managi,ng Member, all decisions of the Managing Members concerning the Company bushiess and operations shall be unanimous, provided, however, that the persons serliog as Managing Members . may from time to time delegate to one of them the ~uthority and discretion with regard to certain items of the Company's business or operations. Any such delegation shall be in writing signed by all the Manhging Members. If the Managing Members are unable to agree on a mana~ement decision or are otherwise unable to agree on matters concerning th~ affairs of the Company, any Managing Member may elect to .. have the dispute r~lved by binding arbitration. Unless otherwise agreed by all Managing Members any such dispute shall be submitted to arbitration under the rules of the Ame can Arbitration Association. Each Managing Member shall appoint one arbitrato l and such appointed arbitrator shall, in turn, select a third arbitrator. 10 4.4 Powers. The Managing Member sh I have all rights and powers required or appropriate to the management of the ~ompany's business, which, by way of illustration but not limitation, include th:o!IOwing rights and powers: . (a) to purchase or lease p rty, including real property, for use by the Company; (b) to borrow money from b~, other lending institutions, financial services firms, brokers, or other sources fbr Company purposes, and in connection therewith to mortgage, pledge or createlother security interests in any, or all of the Company's properties and income therrfrom to secure or provide for the repayment of such borrowing, which power spe.cifically includes the power to refinance any debt relating to the Company's pro~y; (c) to lease or sell any assets lofthe Company; provided, however, that any sale or lease of a Company asset Ito a Member shall be on terms and conditions substantially the same as those with a purchaser or lessee who is not a Member; (d) to acquire and enter into the Managing Member deems necessary and prope Company, its properties and business; y contract of insurance which for the protection of the ' (e) to select and employ, us· Company funds, such legal counsel, certified public accountants, financial co~ltants, asset managers, financial advisors, or other consultants as are deemed by the Managing Member to be appropriate for carrying on the business of the Cbmpany; (f) to enter into and carry outl contracts and agreements of all kinds, and to execute on behalf of the Company an~ and all documents or . instruments of any kind which the Managing Mem~er may deem appropriate for. carrying out the purposes of the Company; I . (g) to make all payments reqqired of the Company pursuant to this Agreement and for all direct and indirect costs and expenses incurred in the conduct ofits business, including without limitatio~ all costs and expenses for legal, audit, accounting and other technical and pro~essional services, reports and .. other communications to the Members, taxes, pefmlts and licenses; (h) to pay any and all orgaruJtional expenses incurred in tq.e creation of the Company; II (i) to enter into agreements d contracts and give receipts, releases and discharges as the Managing Member in his or her discretion deems ; advisable or appropriate; and l (j). to invest Company funds ;' whatever form of investme~t is deemed prudent by the Managing Member in ligl:tt of the business purpose of the Company. 4.5 Members' Other Activities. The Managing Member and any other Member may engage in other business and investmbnt ventures of every nature and description and shall have no obligation to account to the Company or its Members for any such business or investment or for business!or investment opportunities. 4.6 Manager Compensation and ExpenJe Reimbursement. The . Managing Member shall be entitled to reasonable chmpensation for services rendered. The compensation of the Managing Menlber shall be treated as a guaranteed payment to a partner under Code sectioh 707(c), and treated as a deduction in determining the net profit or loss of thb Company. The Managing Member shall be reimbursed by the Company for njasonable out-of-pocket expenses incurred in connection with the Companyjs business, including without limitation expenses inc~d in the organization offe Company. ARTICLE 5 -ACCOUNTING ~ RECORDS 5.1 Books of Account. At the expense of be Company, the Managing Member shall maintain records and accounts of all 6perations and expenditures of the Company. At a minimum the Company shall kJep at its principal place of business the following records: (a) A current list and past li~ setting forth the full name and last known mailing address of the Managing Member and each Member; (b) A copy of the Certificate JfFormation and all amendments thereto; (c) Copies of this Agreement and all amendments hereto, and a copy of any prior limited liability company a!b-eements no longer in effect; I (d) Copies of the Company's federal, state, and local tax returns and reports, if any, for the three (3) most recent years; 12 --------------------------- (e) Copies of the Company' financial statements for the three (3) most recent years. 5.2 Fiscal Year. The fiscal year of the C mpany shall be the calendar year. 5.3 Acconnting Reports. As soon as pra . cal after the close of each fiscal year, each Member shall receive an unaudited financial report of the activities of the Company for the preceding fiscal ~~ar, including the balance sheet of the Company as of the end of such year and a statement of income or loss for . I such year. The Members shall meet to review the ;nancial results of the Company, at such times and places as the Managing Member may determine. 5.4 Tax Returns. The Company shall p~are and timely file all required federal and state income tax returns. As soon as practical after the end of each fl. seal year, each Member shall be furnished a statetent suitable for use in the . preparation of the Member's income tax return. I, 5.5 Tax Matters Partner. For purposes of the Code and any comparable provisions of state law, the ''Tax Matters Partner" fllr the Company shall be Charles T. Handley. Ifhe ceases to be a Managing Member or resigns as the Tax Matters Partner, Brenda Handley shall be the Tax I tters Partner, if she is then Ii Managing Member. ARTICLE 6 -ALLOCATIONS AND DISTRIBUTIONS 6.1 Allocation of Net Profit and Loss -If GeneraL 6.1.1 Allocation of Net Profit. Afterlgiving effectto the special . I allocations set forth in Sections 6.2 and 6.3, net profit for any fiscal year of the Company shall be allocated among the Members in Fe followjng order of priority: (a) first, to the Members in the reverse chronological order in which net losses were allocated to the Members p,ursuant to Section 6.1.2(c), until each Member has received aggregate allocati0fs of net profit under this Section 6.1.l(a) in an amount equal to, but not in expess of, the aggregate allocations of net loss to such Member pursuantto Section 6.1.2(c) for all prior fi seal years; (b) . second, to the Members in the reverse chronological I order in which net losses were allocated to the Members pursuant to Section 6.1.2(b), until each Member has received a~gate allocations of net 13 ---------- profit under this Section 6.1.1(bl in an amount equaJ. to, but not in excess of, the aggregate allocations of net loss to such Member p uant to Section 6.1.2(b) for all prior fiscal years; and (c) thereafter, to the Membe in proportion to their respective Percentage Interests. 6.1.2 Allocation of Net Loss. After giving effect to the special , allocations set forth in Sections 6.2 and 6.3, the net ~oss of the Company for any fiscal year shall be allocated among the Members id the following order of priority: (a) first, ~ proportion to the lounts allocated to the Members pursuant to Section 6. 1. Hc) in an amount:equal to the excess, ifany, of (i) the cumulative net profits allocated to the Members pursuant to Section 6.1.l(c) for all prior fiscal years, over (ii) the cumulative ne~ losses allocated to the . Members pursuant to this Section 6.1.2(a) for all Pjor fiscal years; (b) second, to the Members ~ proportion to their respective Percentage Interests; provided, however, that net l~,ses shall not be allocated to any Member pursuant to this Section 6.1.2(b) to the ,extent such allocation would cause such Member to have a Deficit Capital Account at the end of any fiscal year. Such excess net loss shall, instead, be allocated in ]' cordance with Section 6.1.2(c); and (c) the balance of the net loss, if any, shall be allocated I among those Members who do not have Deficit Capftal Accounts in proportion to their respective Percentage Interests; provided, however, that no allocation under this Section 6.12(c) shall cause any Member to havb a Deficit Capital Account. 6.2 Special Allocations. The following splcial allocations shall be made for any fiscal year of the Company in the following brder: .. 6.2.1 Minimum Gain Chargeback. I~there is a decrease in the Company's ''partnership minimum gain," as defined in and determined under Regulation Sections I. 704-2(b )(2) and 1.704-2(d), the minimum gain chargeback provisions of Regulation Section 1.704-2(f), which Jre hereby incorporated into this Agreement by this reference, shall be applied. 6.2.2 Member Minimum Gain Cha eback. If there is a decrease in any Member's share of "partner nonrecourse debt minimum gain," as defined in and determined under Regulation Section 1.704-2(i) the partner nonrecourse debt 14 minimum gain chargeback provisions ofRegulatio Section 1.704-2(i)(4), which are hereby incorporated into this Agreement by this reference, shall be applied. , 6.2.3 Qualified Income Offset. In th event that any Member unexpectedly receives any adjustments, allocations, or distributions described in Regulation Sections 1.704-1(b)(2)(ii)(d)(4), (5) or ( ), items of Company income and gain. shall be specially allocated to such Membdr in accordance with Regulation Section 1.704-(1)(b)(2)(ii)(d). 6.2.4 Nonrecourse Deductions. ''Noljlfecourse deductions," as defined in and determined under Regulation Sectiorls 1.704-2(bXl) and (c), shall I be allocated among the Members in accordance with their respective Percentage ; Interests. 6.2.5 Member Nonrecourse Deductions. "Member nonrecourse deductions," as defined in and detenlrlned under Reku!ation Sections 1. 704-2(i)(1) and (2), shall be specially allocated among the Members in accordance with Regulation Section 1.704-2(i). L 6.3 Corrective Allocations. The allocatio set forth in Section 6.2 are intended to comply with certain regulatory requiretrlents under Code ' Section 704(b). The Members intend that, to the e$.tpossible, all allocations , made pursuant to such Sections will, over the term f the Company, be offset . either with other allocations pursuant to Section 6.2 or with special allocations of. other items of Company income, gain, loss, or deduction pursuant to this Section 6.3. Accordingly, the Tax Matters Partner i~ hereby authorized and I directed to make offsetting allocations of Company income, gain, loss or deduction under this Section 6.3 in whatever manner the Tax ¥atters Partner determines is appropriate so that, after such offsetting sp,ecial all"fations are made (and taking into account the reasonably anticipated future allocations of income and gain pursuant to Sections 6.2.1 and 6.2.2), the Capital At1counts of the Members are, to the extent possible, equal to the Capital Accounts e h would have if the provisions of Section 6.2 were not contained in this ~greement and all income, gain, loss and deduction of the Company were insteM allocated pursuant to Section 6.1. 6.4 Other Allocation Rules. 6.4.1 General. Except as otherwise Pfovided in this Agreement, all items of Company income, gain, loss, deduction, cnrdit, and any other allocations not otherwise provided for shall be divided among the Members in accordance 15 with their Percentage Interests, or as otherwise may be required under the Code and the Regulations thereunder. 6.4.2 Allocation of Recapture Items. In making any allocation among the Members of income or gain from the sale or other disposition of a Company asset, the ordinary income portion, if any J of such income and gain resulting from the recapture of cost recovery or othJr deductions shall be allocated among those Members who were previously alIocat~ (or whose predecessors-in~ interest were previously allocated) the cost recover>j deductions or other ' deductions resulting in the recapture items, in proportion to the amount of such cost recovery deductions or other deductions previohsly allocated to them. 6.4.3 Allocation of Excess Nonrecoube Liabilities. Solely for purposes of determining a Member's proportionate ~hare of the "excess nonrecourse liabilities" of the Company within the rheaning of Regulation Section 1.752-3(a)(3), the Members' interests in the Compafty's profits shall be allocated among the Members in accordance with their Percedtage Interests. 6.4A Allocations in Connection withlVarying Interests. If, during a Company fiscal year, there is (i) a permitted transfer of all or a part of a Member's Units, or (ii) the admission or withdrawal of a Member, each item of net I ' profit, net loss, and all other tax items of the Company for such fiscal year shall be divided and allocated among the Members by taking into account their varying interests during such fiscal year in accordance with Code Section 706(d) and using any conventions permitted by law and selected by e Tax Matters Partner. ' 6.5 Determination of Net Profit or Loss. 6.5.1 Compotation or Net Profit or Uoss. The net profit or net loss of the Company, for each fiscal year or other periooJ shall be an amount equal to the Company's taxable income or loss for such periqd, determined in accordance with Code Section 703(a) (and, for this pmpose, all Fms of income, gain, loss or deduction required to be stated Separately pursuant to Code Section 703 (a)(l ), including income and gain exempt from federal inCOrl e tax, shall be included in taxable income or loss). 6.5.2 Adjustments to Net Profit or LOss. For pmposes of computing taxable income or loss on the disposition!of an item of Company property or for pmposes of determining the cost recovery, depreciation, or amortization deduction with respect to any property, the Company shall use such 16 property's book value determined in accordance wi Regulation Section 1.704- l~~ b 6.5.3 Items Specially Allocated. No ·thstanding any other provision of this Section 6.5, any items that are spe ially allocated pursuant to Section 6.2 or Section 6.3 shall not be taken into a ount in computing the Company's net profit or net loss. 6.6 Mandatory Tax Allocations Under ode Section 704(c). In accordance with Code Section 704(c) and Regulatior Section 1.704-3, income, gain, loss and deduction .with respect to any property contributed to the capital of the Company shall, solely for tax purposes, be alloceted among the Members so as to take account of any variation between the adjustcli basis of such property to the Company for federal income tax purposes and its ~tial book value computed in accordance with Section 6.5.2. Prior to the contribtfon of any property to the Company that has a fair market value that differs fr~m its adjusted tax basis in the hands of the contributing Member on the date of cOlltribution, the contributing Member and non-contributing Members holding a Majority Percentage Interest shall agree upon the allocation method to be appli~ with respect to that property under Regulation Section 1.704-3. The same procedure shall apply to any revaluation of Company property as permitted undet Regulation Section 1.704- 2(b)(iv)(f). In the absence of a different agreement ~y the Members, the Company will use the traditional m. ethod with curative alloca,ons, as provided in Treasury Regulation Section 1.704-3(C)'1 Allocations pursuant to this Section 6.6 are solely for purposes of federal, state, and local taxes and shall not affect, or in any ay be taken into account in computing, any Member's Capital Account or share of net profit, net loss, or other items as computed for book purposes, or distributio pursuant to any provision of this Agreement. 6.7 Distributions. The Managing Mem may make distributions of Distributable Funds to the Members from time to . e to the extent permitted by the Act. Each distribution shall be made to all Mem~ers, and divided among the Members in proportion to their Percentage Interests., The Managing Member shall not have authority to make distributions of assets in excess of Distributable Funds, except with the unanimous consent of the Members., No marketabie securities ' shall be distributed to a Member as a distribution frdm the Company except with the consent of the Member, taking into account Codb Section 731. 17 ARTICLE 7 -DISSOLUTION LIQUIDATION 7.1 Events of Dissolution. Except as Otht' rwise provided in this Agreement, the Company shall dissolve upon the e lier of: . (a) expiration of the term sp cified in Section 1.4; (b) the written agreement of Ll of the Members; I (c) the occurrence of any of the following events, unless the business of the Company is continued with the unahimous consent of all remaining Members within ninety (90) days following such e lent: (i) any Managing M ber is the subject of a specified in RCW 25.15.130(1)(d) or (e); or (ii) in the case of the I named Managing Member, the death of such Managing Memb~r; a judicial , determination that the Managing Member is incompetent to manage his or her person or estate; or the determinati~>n and written certification by such Managing Member's Prpnary care physician that such Managing Member is incompetent to rge his or her person or estate. 7.2 Liquidation Upon Dissolution and 'rinding Up. Upon the dissolution of the' Company, the MlI11aging Memb:~ shall wind up the affairs of the Company. If there is no Managing Member, the Members holding a Majority I Percentage Interest shall designate a person to wind up the affairs of the Company. A full account of the assets and liabilities of the Cokpany shall be taken. The assets shall be promptly liquidated and the procee~ thereof applied as required by the Act. Upon discharging all debts and liabilities, jill remaining assets shall be distrib~d to the Members or their representatives ?y the end of the taxable year in which the liquidation occurs (or, if later, within ninfty (90) days after the date of such liquidation) in proportion to the positive balances of their respective Capital Accounts, as determined after taking into account ~I Capital Account adjustments for the taxable year during which the liquidation occurs (other than those made pursuant to this Section 7.2).' With the approval of Iill Members, the Company . may, in the process of winding up the Company, diJtribute property in kind, in which case the Members' Capital Account balance~ shall be adjusted in accordance with Regulation Section 1.704-1(b)(2)(iv)(e). 18 7.3 No Obligation to Restore Negative I apital Account Balance on Liquidation. No Member shall have any obligation to make any capital contribution to the Company to eliminate the negm\ive balance, if any, of such Member's Capital Account upon a liquidation oftlfe Company within the meaning of Regulation Section 1. 704-1(b )(2)(ii)(g), and any! such negative balance shall not be considered a debt owed by such Member to the Company or to any other person for any purpose whatsoever.· . ARTICLE 8 -LIMITATION OF LIABll..I'fY; INDEMNIFICATION 8.1 Limitation ofLiab,lity. No Memberishall have liability to the Company or its Members for monetary damages for conduct as a Member, except for acts or omissions that involve a breach of this Agreement, intentional misconduct, a knowing violation of law, conduct violating RCW 25.15.235, or for any transaction from which the Member has persorWly received a benefit in money, property or services to which the Member ~as not legally entitled. If the Act is hereafter amended to authorize Company action further limiting the personal liability of Members, then the liability of each Meclber shall be eliminated or limited to the full extent permitted by the Act, as sd amended. No repeal or modification of the Act or this Section 8.1 shall adJersely affect any right or protection of a Member existing at the time of suchjrepeal or modification for or with respect to an act or omission of such Member occurring prior to such repeal or modification. ~ 8.2 Indemnification. The Company shall indemnify each Member from and against any judgments, settlements, penalties, es or expenses incurred in a proceeding to which a Member is a party because hb, she or it is, or was; a Member; provided, that a Member shall not be indebmed from or on account of acts or omissions of the Member finally adjudicated to be a breach of this Agreement, intentional misconduct or a knowing viblation oflaw by the Member, conduct of a Member adjudged to be in violation O~RCW 25.15.235, or any transaction with respect to which it was finally adju(fged that such Member received a benefit in money, property or services tolwhich such Member was not legally entitled. The right to indemnification confeljTed in this Section 8.2 shall be a contract right and shall include the right to be pai~ by the Company the expenses incurred in defending any such proceeding in advance of its final disposition; provided, that the payment of such expenses in adv~ce of the final disposition of a proceeding shall be made only upon delivery to the Company of an undertaking, by or on behalf of such Member, to repay all amoun'ts so advanced if it shall ultimately be determined that such Member is not e I titled to be indemnified under this Section 8.2 or otherwise. 19 The right to indemnification and payment of xpenses incurred in defending I ' a proceeding in advance of its final disposition conferred in this Section 8.2 shall not be exclusive of any other right any Member mat have or hereafter acquire under any statute, this Agreement, vote ofMembej or otherwise. No repeal or modification of the Act or this Section 8.2 shall adversely , affect any right of a Member to indemnification exiSting at the time of such repeal or modification for or with respect to indemnificatidn related to an act or omission of such Member occurring prior to such repeal or mbdification. ARTICLE.-MISCE+US 9.1 Notices. Any notice or other communication required or permitted under this Agreement shall be deemed to have been idulY given if delivered personally to the party to whom directed or, if mailed, by registered or certified mail, postage and charges prepaid, addressed (a) if~ a Member, to the Member's, address specified on attached Schedule 1, and (b) ifk the Company, to the Company's address specified in Section 1.5. Any sJch notice shall be deemed to be given when personally delivered or, if mailed, fi+ (5) business days after the date of mailing. A Member or the Company may c¥nge its address for purposes, of notices hereunder by giving notice specifying such changed address in the manner specified in this Section 9.1. I 9.2 Governing Law. This Agreement shal be construed and enforced in accordance with the internal laws of the State OfWlhington, including without , limitation, the Act. 9.3 Amendments. Unless otherwise provided herein with regard to matters requiring unanimous consent, this Agreemerlt may not be amended except upon the written agreement of the Managing Membdr and Members holding ninety percent (90%) of the Percentage Interests; provided, leach Member must consent in writing to any amendment that would adversely affebt such Member's rights under this Agreement. 9.4 Construction. Whenever the singular number is used in this Agreement and when required by the context, the ~e shall include the plural and vice versa, and the masculine gender shall include the feminine and neuter genders and vice versa. 9.5 Headings. The headings in this Agreement are inserted for convenience only and shall not affect the interpretatibn of this Agreement. 20 9.6 Waivers. The failure of any person t seek redress for violation of or to insist upon the strict performance of any covenaht or condition of this Agreement shall not prevent a subsequent act, whidh would have originally constituted a violation, from having the effect of wi original violation. I 9.7 Remedies. The rights and remedies Of the parties hereunder hall not be mutually exclusive, and the exercise of anyone rght or remedy shall not preclude or waive the right to exercise any other reJDedies. Said rights and remedies are in additi,. on to any other rights the Pl· es may have by law or , otherwise. 9.8 Severability. If any provision of this Agreement or the application thereof to any person or circumstance shall be inv4d, illegal or unenforceable to any extent, the remainder of this Agreement and the application thereof shall not be affected and shall be enforceable to the fullest etntPermitted by law. " 9.9 Heirs, Successors and Assigns. The terms and conditions of this Agreement shall be binding upon and inure to the bbefit of the parties hereto and, to the extent permitted by this Agreement, their restkctive heirs, legal ' representatives, successors and assigns, provided, hbwever, that an assignee with regard to the transfer of a Member's Units who doer not become a Member shaIl not be bound by the terms and conditions of this Arment and shall have rights: only as provided herein. ' 9.10 Creditors. None of the provisions oftpisAgreement shall be for the benefit of or enforceable by any creditors of the Corpany. 9.11 Counterparts. This Agreement may ~ executed in counterparts, each of which shall be deemed an original but all otiwhich shall constitute one and the same instrument. 9.12 Spouse Agreement. Each person who hereafter becomes a Member (other than Brenda Handley and Charles T. Handle who is married and the spouse of such Member shall enter into a Consent d Separate Property I Agreement in the form attached hereto as Schedule 2 prior to signing this Agreement. Any unmarried person who hereafter Mcomes a Member agrees to enter into a similar Consent prior to marriage and thf failure to do so shall cause such Member to cease to be a Member, and such peJISon shall have only the rights of a transferee who is not a Member, as described inl Section 3.6, unless and until such a Consent is signed, in which event such person shall again become a Member in the Company. 21 9.13 Character of Units. Members Charles T. Handley and Brenda . Handley are contributing community property asse+ to the Company. All Units issued in the name of either Brenda Handley or Charles T. Handley shall be community property, notwithstanding the fact that IDnits are registered in only one name. Executed as of the date first above written by the undersigned, and after I review of this Agreement. SEA lS79207vl 57499--1 3.8.0S 22 ~;Fi:rs=t~A~m~e~r~ic~a~n~T:it~le--------------------------------~I~1-,~--'L~/D---L-------=---=========~ --rtrrv ~ 8 KcePll MJS 3, Vesting_20060621 000484 '(, ," ; After Filing Return To: Steven W. Andreasen Davis Wright Tremaine LLP 1501 Fourth Avenue, Suite 2600 Seattle, WA 98101 E2215772 06/21/2006 10:60 KING COUNTY, UA 20060621000484.001 II TAK $10.00 SALE $ •. 00 PAGE001 OF 001 STATUTORY WARRANTY DEED (Renton Property) Grantors: L Handley, Charles T. 2. Handley, Brenda L. Grantee(s): I. CBS Handley, LLC, a Washington limited liability company Abbreviated Legal Description (lot, block and plat name, or section-township-range): THE WEST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, LESS THE NORTH 170 FEET OF THE EAST 170 FEET THEREOF. Assessor's Property Tax Parcel Account Number(s): 152305-9067-02 Reference Numbers of Documents Assigned or Released (if applicable): N/A RECEIVED APR 25 2014 CITY Of RENTON PLANNING DIVISION First American Title First American Title " '. STATUTORY WARRANTY DEED (Renton Property) 20060621000484.002 THE GRANTORS, CHARLES T. HANDLEY and BRENDA L. HANDLEY, husband and wife, without consideration and as a capital contribution, convey and warrant to CBS HANDLEY, LLC, a Washington limited liability company,the real property located in King County, Washington described on Exhibit A, which is attached hereto, and incorporated herein by this reference, subject to all encumbrances, restrictions, and reservations of record on the date of this Statutory Warranty Deed. Dated thls d day of :JiL n e. , 200b ~~ r4t'::1t,~.~. STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this .J£ day of JUne... , 20<6, before me, a Notary Public in and for the State of Washington, personally appeared CHARLES T. HANDLEY, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument and acknoWledged it to be his free and voluntary act and deed for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF, [have hereunto set my hand and official seal the day and year first above written. NOTARY pUBLIC STATE OF WABHINGr:.. EILE~U::1ac1/D21111D1 My AppOII':="'--. SEA 1652082vl 57499·1 Scattle/5.27.05 NOTARY PUBLIC in and for the State of Washington, residing at !fiJ1f~ I IJb....- My appointment e~pires A V§ Print N arne l? I e __ 4i, {)e-be114f'W First American Title , First American Title 20060621000484.003 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this -.l!t. day of June , 200~, before me, a Notary Public in and for the State of Washington, personally appeared BRENDA L. HANDLEY, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument and acknowledged it to be her free and voluntary act and deed for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written . . NOTARY PUBUC STATE OF WASHINGTON EILEEN G UEBELACKER My Appolnunent ExpII8I1f102l2OOt SEA 1652082vl 57499·1 SeattlelS.2 7.05 First American Title NOTARY PUBLIC in and for the State of Washin~on, residin~ at ~ri~ My appomtment exprres -:-_~-.;.;/I~~=':!f-- Print Name £aa-9' tl;;;./ First American Title ;;;, .0 .... EXHIBIT A Legal Description (Renton Property) 20060621000484.004 THE WEST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION IS, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, LESS THE NORTH 170 FEET OF THE EAST 170 FEET THEREOF. SEA 16S2082vl 57499·1 Scuttlel5.27.0' First American Title First American Title 4. Exception_04_20050714002586 RETURN ADDRESS: Pugat Sound Senk 10500 NE 8th heel. Suite 1800 Bull.vue, WA 98004 Ilillllllllllll\' 20050714002586 ~~~!! ~ TI~ DT .8 ... 'P/4' ... to . ., K NG C IJN'N, UA DEED elF TRUST DATE: July 12. 2005 Relerence #' (if applicable): ___________ _ Additiorai on page Grantor(s): 1. HANDLEY, CHARLES T 2. HANDLEY, BRENDA l Granlee(s) 1. Poget SOlJnd Bank 2. Pacific Northwest Title Compa.,v, T'ustee Legal Descriplion: ?tn. NW 114 SE 1/4. S 15. T 23. R 5 20050714002586.;; Additional on page 2 Assesso··s Tax Parcel ID#: 162036-9067 THIS DEED OF TRUST Is dated JulV 12, 2005. among CHARLES T HANDLEY and BRENDA L HANDLEY. husband and wife, whose addrsn Is 19503 SE 138TH PL. RENTON. WA 98059 I"Granton; Pugel Sound Bank, whose mailing address Is 10500 NE 8th Street. Suite 1800. Bellevue. WA 98004 (referred to below sometimes 88 "lender" and sometimes 8S "Beneliciary"); and Pacific Northwest Title Company. whose maiDng address Is 13920 SE EasLg8le Way. Suite 210. Bellevue. WA 98005 (referred Lo below as "Trustee"). First American Title First American Title DEED OF TRUST (Continued) Page 2 CONVEYANCE AND GRANT. For valuable consldora1lon. Grantor convoys to Trustee In 1/1.111 whh power 01 .ale, rlgltt olentrv end pos .... lon and tor the "",fit of Lender as Ban.flclary, II of C'B"ltor II '.gtl. lie, end rieleSI II" and 10 tro 'ollow'''lg des(;,'bed 'ell DfoDefIV_ tOgtlt"lel Wilh 01 ex 51',,, o· sub.eqLlert y erecred o' aff xed bu-(I rga • .morQve.",t, and 'bILlIOS; al ell5efrerla right 01 way .• rd lopu'\ena-ce.: a1 wau,', wale' r gnls lind dm:n IIgtlS (hclud r9 llOCI( h u\111 es w,,.. die" 01 I" g~tO"l . ".,ls); erd u 10\'101 ligh •• 'OYlillie$ iIIrd profi', relatln!:! to 1'10 real properlY. re uding w II-OI.H r-i,ltil;n"" -here's, 0'. gu geot"lermal nd I rrl 0' -OliO" (the ~Real Propertynj located In King County. State ot Washington: The West half of the Northeast Quarter of the Northwest Quarter of the Southeast Quartor of Section 15, Township 23 North, Range 5 East, W.M. In King County. Washington: Less the North 170 feet of the East 170 feat; And less that portion deeded to King County under recording no. 20030905000417. (ALSO known as a portion of legel Lot Status No. L03M0026). The Real Property or Its address Is commonly known 8S 14425 136th St. SE. Renton. WA. The Real Property tax Identification number ls 162035·9067 Gr.nto· h'eby ",Igr. e9 .,cur'ty to Le1der. all of Oranto". r g"ll. lile. ard 'rle'est i1 l-,a ro al lates. fie",. a"'Kl oroilis of 1'Ie PrOOO'ly. P'Ii. us'g,mtnl is f&corded r Icco'darce ..... ith 'lew 65.08.070; Ihs 'er crlated bY mi. ISllgr-e"ll ,a 111ended 10 be IpeC lie, oor'e<;ted Il'"d c"olle ... po' I~e 'ecord "9 0' r"li3 Deed of rru". Lel'"der grarr. to (3"1to' • liCI1S1 10 co leet t'le Rerta ard Drohta. which r ce~S8 m.y be 'Ivol(ed II Le1Cle'. OOliol'" .rd a'lal be .ulo-alicatly 'evol(ed UDOr ac~. eratlor of 0 I 0' oon o' t"e hdabtedren. THIS DEED OF TRUST, INCLUDING THE' ASSIGNMENT Of RENTS AND THE SECUmTY INTEREST IN THE RENTS AND PERSONAl PROPERTY, IS GIVEN TO SECURE IAI PAYMENT OF THE INDEBTEDNESS AND (S) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THIS DEED OF TRUST, THIS DEED Of IRUST IS OIVEN AND ACCEPTED ON THE FOLLOWING rERMS: GRANTOR'S REPRESENTATIONS AND WARRANTIES. G'1110' w'/I.rts ('1": tal 1'1IJ Deed 01 h\,l$l I eKaC • .I1IId al 5o'rowe!". -eollast ard 101 a, ''1a req .... s! 01 Le"lder; Ibl Grarlor ~DI t'le 'u' DOoN8I, righi, a-d II.JI'Klt;tl' 10 eNe' 1"(0 1"11. Deed o· TruSI .nd 10 hypoll'e~ale lha o'oparlY; Icl me p'ovi.io,s 01 Ih', Deed 01 -r ... st do '01 cont let ..... It ... , o· 'esu t I, a datau, ""de" any 'g'ee-erl or ol~e' rllru-al'"l b rdi1g UP01 G'a,'o' ard clo 101 "'EI'U 1'[" • vlolat'o, Q' ary I.w. regoJl.lo" eo ... ., decree O· o"CIer apOI,Ceb·. 10 Grantor; (dl GrarlQl' hs utab ','led adeq .... ta mea,. 0' obllhi1g ho-BOt'oWI' or e eorot'rul,g basI. rformafo, .bO\Il 5orrowe' a 'I"III-cia eOl'"dhior; erd let la,de' "as ,.,..ede 1'"0 reO"'EIse1talior 10 G'O,tOI aboU1 Bo"ower Iinclud'rg WIThoul 1m lalio-I'll C'ld',wo't'1heu 0' Borrower\. GRANTOR'S WAIVERS. G'."O' ...... I .... s.1 righll or dafenses arisirg bV reaa01 01 any' ore .ct 0" 0' . a"i det cilncv' I.w. 01 a,,, ot"lor ........... 'C'1 mev 0 ...... 1'1 Ll1de' '-om b"rgi"'lg .rv .elio~ egahsi G'nlo', rct.di-.g a c'e'm 'Of def ciencv 10 I'la eKla,tle,de' Is oth· .... lae entittad 10 a clal-'01 de'leie,cy. be'o'e 0' e'te' Le,de' S co-menc:eme" 0' CO-I) el 0' 0' any 'o'ee O$url .ct 0' e I~e' Jud elal y or by eKere;" 0' a Do .... er 01 sele. PAYMENT AND PERfORMANCE. Excepl as ot'l8rwise orov'dad h I~'I Deed 0' T''''''' Bo'-ooNlII' sr.·1 01\1 10 le"lCler .Ill 'rdebled,eas seeu-ed by ,"'s D.ed 01 Tr",st Be II beeo-ea d",e, .1d Bo-rower '''ld (Jrartol el"al II' ctly per'o'-ell I"e' resoeCI' ... a ob Iget-o', u,de' t~e NOle. t~ s Deld 0' -'US" al'"d t ... e "!alated Documarts. POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower e,d G'o"or agree Il'al Bouower s .rd C·a,'or·. poaaess on end lISe 01 I"a PrOOI"" s'lal be go .... rned by lhe fo towhg p-ovil 0'1' Po ..... lon and U.e. U'ltli Io-e occu'rerce 01 0' Evenl 01 DalooJlt. Orartor -ay ("I 'e-a I' ., OOlle".or and eo~I'OI 01 t .... Property; t21 U5e, ooerala or -.~aga 1'18 o.operly·.nd (31 coll'~1 II"e Rs",a fro-I'le ""opa'l" (,'lia I)'iv lege s. I"ce'Ule flom Lerde' 10 Grll"10' .uIO-.t cal v 'evo't&\J upor de'au 1/. The tolowirg prov lOOf'S ralate 10 t'le uaa 0' Ihe "-ope'W or 10 oll'e' m ,at O~I on t'le "·ope'tv. ....e qea' "'ODerly 'a I"ot ""ed p' rc palt~ 'or agrlcultu'a pU-OO~IIS. Duty to Maintain. Glartor s'1al -0 ria r lha ProperiV in lel'l4n!able cordn'OI" .~d 'oro-olly pa-1orm sl -ep.irs. taplecsments, erd m.'Arel"l~ee ~eceasar,. to praserole ,IS v.l...e. Compllanci Wllh Envlronm~tal Lawi. Glartor rep-ese-18 a,d wO"a,la to Lerder 1'1151: (') Du' ~g t"e per od of G'a'lo'. OW11tS"I10 01 II"e Prope'lY. thera '1al bean ro usa, gana'~fo-. mctnuleelu.e. slorage. I'ealmenl, di$po,", 'e'elSe or '''-eetened rele." of .ny HlZardollS s...bsla1C8 by .ny pe'So' on. linda'. OboUI Of loom the "'00811,.· (2) 0'a,10'''lIt no 'trow edge 0', o· ressOt1 10 bal eve 11"111 l~e'e has been, eXCepT es p'ev 0 .... y d setosed to ard .ck,owlad\led Dy Lerda' r wrillng, (a) a"y b'IIBO'l 0' "iolation 0' a'ly ErVilonmemB LOws. (b) 8ry usa gene'afoR. m.r",'.C1u", StOfllga. treat"'e,'. d$poSl. 'eeasa or I'lrealened releue 0' .1y "ne'doul Subar.,c:e on, undo', .bout 0' 1-0"1 Il"e ProOl"y by a,v OIiol owrer' or occupa-a 01 t"oe P""ODI'ty, 0' tCI any aelUII 01' l"lledtered Illgll10r 0' clel-, o· .ny '<.irKl by IIry pe'ao' ""!IIITg 10 suc:h mane,,: and IJI (Keeol dS p'evo",s'y d·lIclo.ed 10 and .ck,owledgad by Lel"der l'l writi,g. \al ,e,II"11' Orerl0r ror any la-.,I, corl'lIcIO'. IIgllnl 0' oll-e' aul'1o' lid uler oll~e 0roperty .hall use. ge,ellle. -aru'.elure. srore, treal, dilOOsa 01 0" relaasa .-~ wll.I:llrdou$ Subllllnee or . .mder, ebout or lro-1'Ie PrOpeltV: erd fbI an" ,ue'1 Bcn,,'!., V. be conducted in eompli'""lC1 WII'1 all apol caD II lede'al, auuI, '!"'d oc. I.ws. regulal:ors I1d o'd,'1.rclI', ;"'ICI ... d rg W'I"IOUI I milll 0' .1 c'"i'orr-ental LewlI. CrarlO!" lIulho··.£!IS Lerde' a,d 'ts aga,,, to Irla' uoor II-e !>'ope"lV 10 -ake auch b'DIC1iora a,d IISIII, al O'a,lo"s exosn .. , as ta"der -av deem lIopropri.ta TO dllTerm;1e eomollll"'ICII of t~a P-ooerly wlt'lll"., IeCI 0' 01 1"Ie Deed 0' R·1IS1 . "'rv r,ooC[OnIOr \.ella -Ide by Lender sJ-al ba '0' Le1de' s p ... rpo ... O,ly ard 9'1111" "lOt be C01st'uad 10 oleate 'I'"V I'EISOOI'"I b lilY o· iab Pf'( 01'" l'1e part 01 Le"ld.· TO (3'.1tor o· to ary Ol~er Der50-"I"e l'EIo'8sa"llaliore ard Wa·'.11Ie. cO"llal"led "a'811 '''11 basad o~ G'.1tQ,·s duB dllige-ca r rvee(galhg l'loa Prooorly 101 HaJardovs s...b8ta,coa. Grartor I-e'aby 1'1 ·e·eUB. ana .... a·veI llry 'ut",e cI81-. sg.i'lslle"lde' '0' I'"demr tv 0' cont·l)I.Illor I'" 1"1 a ... ert C"'(O' beco~, iablu 10' cell1\l0 Of OI'\8r costs u'ldel '1v suc'l'II""a: a'1a t21 aorae. to "de-r·t,. ard 'lo d 1-.'-e .. Lerdel agal,ST a,v ard. cla-s,losae •. ab··Ii·e., da"'lllges. oa,e tie •.• ,d eKDaree, ..... 1" c~ Le'Qa' -ay d racl V o· rdi'eCtly susie ~ or Sl.Jtte' 'as", I rg '<0-a ore.eh 0' t'lla aecro, 0' I~e Dead ot ·rull or a. a e01Seque"'ICe of ary use, ge,alotio". -a"'ulatlura. slo(8ge. disooaal. 'aelSe or II'-e.tarecl rele.se oeeurri"'lg 0"0'10 OlarlO'" o .... ne .. '1io Of 1"le'8St i, II-e f'rOO!llly_ w"el"., or nOl Il"a 61ma wa. 0' .I'OIJ d '1a~e bear knowr 10 Gr.nIO'. ~e D""Ov·.·ona 01 tt-. sactlor 0' the Deed of Trust. i'lcl ... d·rg l'1a ob 1;1110-to 'rdem,I'v, sl-a' lu'V've t"'a pay"arl 0' Ihl! rdabll!dnalls ard the sal iliaCI 01 a-d 'eco, ... avarce 0' l'\e re"l 0' l~' Deed 0' -rust I-d S'1aU '01 be a"'Cled by Le"'de' a acauSIIon 0' a1V inlereSl I, I~e Prooe'lV. whel'lOr b,. 'o'ec osu-a or 01 ......... • ... Nulsllnce, Welte. 0'a,10' o~e I '01 CDust, COndUCl or parmil a1y 1U saree -or CO-tTi!, oe'm I. or a","e' a-v III'·oping of 0' wlISla or 0' 10 I'""e Prooe'tv 0' al'"V portioI' 01 Ita ProO.,I ..... Wit"lOut 'ml!'Rg ,'lit gere'e'1y 0' 1'1e First American Title First American Title DEED OF TRUST (Continued) Page 3 torego'rg, Gfarlor wit "lOt Ie-eve, or 9r,rl to a1y eth-pa"1y 1"0 "I{II'II to remove, 81 ... limo". rrl ro"ats ! rcludhg oj aod ga." coal, clay, aCClri4. 10 I, gllvel o' rock O .... 'dl.lCIS w It-OUI Lend,,· , orlor \I\r,iuer CO'Slnl. Removel 01 Improvement.. G'anlo' shal '01 de-Io Is"l 01 !''nove flny 'rrorovemll"'ll f'om ,na Rea' Propeny Wlt"Ol,ll Lelrd,r', prior written 00"1981'11. As 0 cond Ilor 10 11"0 removal ot ar ... morove-ert •• lender may require Grarlor to mal(o errergement, sat 5faclo"Y to Lardll' to replace li.lch Improve-ems with '''''provements 01 al lellll equal vllu8. ~'. Right 10 EnUr. Larde! ard t.ande·'. agen" 8"ld represant,,'ve. I""'ay arl81 upon fl" jqal PfOoer1.,. ilt ell 'eato"lable l mas to alterd to lerclar's 'rtO'II615 11"1(1 10 iosoect the "leal P-openy '01 curposea 01 Onnlor. como! erce wiT'l the ulima 111<1 cordllons 0' I'lie De(d of -rl,f$l. Compllal\C4l with Gowrn""nllll Requlrlmlnt:.. Orenlo' shall p'olTloUy co-py. lind .~a1 orompl'y c ...... complil'lce by e Igenla. lera"lI Dr other pe·lo'lt. Dr Ir[ lies ot e ... ary '!alura w~e(50IVer w~o rani 18'le or ol"e...,.l,. u$e 0' occupy l'le Pfooarly r sny ma'!ner, w't'> all aW8. ordira'lces. ''ld reg ... l.lIor., row or hareal1,r h ,ftect, Or ell gover'l..,e1111 , ... lhorius .pol clib e to tile LI&e or OCCI,IOlincy of I"e Prooerly, includ rg Wilhoul Qrltatio,. [he Americans With Dil,b! lias ACI. Cr, rlor -ay OOllleSt In good la t'l sry IUC~ law, o'd.hance, o· 'egul,,'o, lI~d withl'oId eomol,II"ICe ClI,I' n9 IIrv p'OC')edi'lg, inchlll ng IIDproorlate epooall, 10 Iorg al "'enID' Me 'lDli'ied lerder Ir wrlling p'O' 10 dO rg '0 and .0 torg ~, in le'1Cler'. IIDle op r 0'1, Larder'l r'1teresll h the C>.opel\¥ are 1'10\ )fIoOPlIrd,zed. Larder mey lIou're Orartor to POSI aaequ8la sec:urity or I ,ure[y nord, rI8SOOIiD/y u[ sfactol'lIO Lenda'. 10 p-oleet Lard,,'. hlOfI1I. Duty to PrOlect. Gralllo' eweal 1eil'ler 10 Ibardor 0' leave •• lnanerded the D·Ope'1y. G'a'ltor lhall do al' 0'''" aots, 'r addiTion to 1"0&8 acts III 'on'l above 'n ("Ii. gecfo~, wl-ief' 'rom the O'la,aele' e1d lIae 01 If'e Prope'1v III reuonlbl'l r.eceUllY 10 prolec( and p'ese've t~a Prope'1y. DUE ON SALE • CONSENT BY LENDER. lende' -IV, at I ende" oolion. IN dec lire ,-mea'llal\l Clue and plyab e all SUr'1 Hcured bV ,~'s Coed of -'ust o· (81 ~c-e.ala (t,a 'l'Itarest IlIlt provded 10' In l'le ~'e 01 Oltar doc,,-anl ev.de"IChg 1'1e hClebtedrou I~ imD050 5,"* Ol'lfl, eo'1Cl T10M II LInde" dea-. lopropriale, uPO'l tl'a ule I)( l'I,.-er, W IholJllende", pr'Or Nriuan conterl, of II 0' a,v pari or lhe Real D'opar1V, o. aO\l i,,,r851 h the Rell ProDlrlV, A 'allie or lrll',I,," means r"a corve\lllnce of Rea Proo"ly or 6'Y rg'll. lito or Intereliin I'lfl Rill PrOOlrty: wNlthl\r legal, tlaneliclll or ICilIltllble; wtl1MI vo v,lary or rvo!.mlary; whltta' bV out,'Q'l1 ute, deea. Irsllli-eN 50111 contrect, lind cort'act. coni rile! lor dIed, leasehold IntareS! wlt'l I) 10'''' greater Ihan l'lrae 13. velltl, leasa oOllor cortllCt. or 1)\1 lillIe, assigr .... an!. 0' Ttarst!)r 01 !I'lY I)aral e1al interest In <,1 10 any la'ld t'USI 'Xl'd'rg title 10 l'la r:taal"'operry. or by arv olher malhod 01 COl'veya1ce 01 or mraralt I' It I Real Pr';loerty. If arv GranlOI 15 a COrpo'iIIlon, plI'lOa15t p or '1m ted lab~ty COmpl"V, tllMfar also ''lcI1Xl8lIry C'"II'98 'r owra'ship 01 mOla Ihar Iwerry live OOloorl (25%) of I"a VOI;"lg lLocl(, OI'Inera"llp mle'eSl& 0' I millie! la!);1 tv COItlOlny rll .... t •. 115 Il'l case .... y be. 01 auc'l Glarlor, HOWIVII, t'lls opt"o" 5~afl rt)t be e1t,erc!sed t:>y Londe' i'IUCh oxerclsal. pro'lll)ilad I)y lederllllaw 0' by Wlltlrglor taw, TAXES AND LIENS. r~1 to lowing p·oviaio ... , .0lallng to I~a 1II<IIe and lie1. or lha D'ope'ly ala oart 0' rflls Delld 0' rru.!; Payment. 0'0'10' s"'al pay when due (al'd ir II avoula p' 0' 10 dalinQuenCYl all taxas .• paclal tlxes. iLSsenme,tl, c'argftl hncludlng wallr Ird sewon. 'hos ard Imoo~il ons Iftv Id agllnst 0' or loco ... rt 01 t"le Prooerly, arO sl-al oav whaT'd ... , II clal.". lot NO'k. ClO,\" on fJi fl). il',-Cea rendered 0' -110"011 ""',Isl-ed 10 I~o P'DPI"tV, GrOlnlO' Il'al ma ria n Ihe P-openy I'ea 01 al 111'\8 ~I""rg pr'uril¥ O\ler or eQool 10 I~a htsres! 01 Le,da' urder tr's Deed of '·USI. excapt fo' The lie ... of laXII arel anlSlmanl!! rot dUl a'ld IIXcepl II OIl,IIIW.II provided .n tr's Dlod 01 -rust. Right to Conte.t. OIanLOI mly w'I~'lold pavmll'lt 01 I,y rill<, assellma1t, or clai-'r conractlon with I good lalth d'sOl,lle OVII' Iha obigalio, to oay, 150 'o,g 1115 Le1aer's hlerasl r~ I~e Prooa'1Y la '101 jeopardllad, It ill lie1 arlsas or I, lied 81 I "IUIt ot "orpsyment. G'anror al'e I wit~ln Wteen (IS) deve a'ter 11-1 Ie, arlalls or, '1 a I,a' I, 'lied. oN II' r I''toor 116. da\ll aller arartor ~IS nOl,ce 01 'he 'lIng. Slc~r" the dlsc.,aTga 01 Il"a lien, or It req<.JeSied by Larder. deoosl( wim LlnCIa-cu'> I)( a .ul1 clent corp"rate sU'ely bo,d or orl"a' aeCl,lrly SlI:.lacto'v 10 LI'1CII' in ar ImOU'li suf1 cienl 10 diseh8lge 1"Ie 10" OIUI a~v COIlII and Itlorney,' lees, 01 ort-a' c'lergu thai co ... 1d accroo II II 'esul! of 01 fo"ec o,u'a or ule under the r.a1, I, a Iy CO'l1l'I. Granlo' aI-a I do(erd Itlle I Ind Lordlll a'ld .I'a I satJaly 111", adve'le ,uog-am belora 1I'I'OICa,..enr agtllnst 1"Ie ProPII'1Y. Granlo' s'I.!IlI raMa larder 15 an IIddlfo,,1 Db igee under a'\I 5u'etY tlOrCI 'urr sf'ad r I~e ,0,'a81 P-oceOding5. Evidanoa of Payment. OranIO',t'e I uoor tIe-ard l .... ni.'1 to LI'!der .. ( l'ICtory ev'de"lclll o· paymenl 01 tl'a IlIxes 0' IUel8rreni. and shal1a ... ll'orlll I'll Ipp'opriall governmefl1el olf ela1 10 de lver to landar at Iny li",1 a w·'lIor ststama,t 0' l'le taxa. Brd assaasm'1ts Igi rat Il'e "'opertv, Nollea of ConItruction. O'a'IO' ahall rOlaV LlIIrdor tl lalll r'llIen I"SI ClaYI balore any wo'1( s com-efleld, arv lervic" all lomi8'led, I)( allY '-lla,'als are 'uop~ad 10 Ih Prope'ry, it a,y "'actanic s ieI'. -llerillme ... ·II,.n. or olh. fa" could be aSllIIfTed on lecounl 0' the wo'II.. seN til. o· -~!lerla!l. Grartor w'lI upo' "IOueSI of Lender 'urr ah '0 la'lder ad ... an-ca .. sur.rces Hls'.ctory 10 le'1Cler that Crarlor ca'! al1<l wa PlY Ih COSI of II,IC" improVllme,". PROPERTY OAMAGE INSURANCE. T'la "011011111"9 prov.ion •• e 11'119 10 Illlurlng f"ra ProoellV are a oar, 01 If'i& Daed ot T· ... 'I. Maintenance of InsuranclI. O"rTor 1'\/lI1t P'OCU" Ird "'.·rlain po lela. 01 I'll Insurarce whh s .. rda.d ,xlerdlld coverage ardolseme'lll 0' a II r va ue bllll lor II'" 'u" rsu/lble va ua co ... ellng ali I-p'ovemants on Ih qlllal Plooenv "1' amOU1t I~tllcle'lt 10 avoid aoptlc., 0' ot IrV C:OI"llu·an.ce cla ... se. e'ld W I" a ITa1d,'d monglglM c susa 11'1 101 ... 1)( 01 Lender, OrII'tOI shltll a'so procule ,wd me rll r co ... p·a.,.'.· ... e gerl'll rib Iltv insuranea n such covarago lI'"'Ounll 18 La'1Cle' mly 'Oque51 W'," T'umeo ana Lerda, beirg raTad aa Idd ticrl' '~I"'edl m IUC"l I'abllity 'rlJU'al"lCo ool,c'es, Aadil 0'111 y, G'I"OI If'a~1 ma'rta," SUC'I 01"''' '1"IUTllIlCII, Ire uOhg b<Jt nOI I mited 10 hall'd, OUSI'lIIS rrerrupt on, lind bol er InSUlarce. II Lerdl' may '1IIo'lollbly requl'e. DoI'c es s"'al' be wrinen 'r 'orm, Imourll, coverag .. a,d I)ssls 'aaaonably ac.:eplaole 10 larder ard •• ued by a co-pe,y or complnlal rellorably aooepl81)Ie 10 Lenda!. Gra,tor, "'PO'l re01.r1l1 0' LenCler, w II deliver LO l.ender I'om t -a to I,ma 1"11 001 cllI 0' ca"l<;c8l8$ 01 I",u'anea r'l lorm I8ll1flelo'Y to Lendo'. hcluaing .tloulatiorl lMI cove'ages wrt 'Oll)e e, ... ee led or dlm.'l shd WII"toI,lI OIt IllS! t'lirlV (301 CI~ Y' P' o· wrmen rOlice to Le'lc\e'. E:ac'l r'I,I'a,08 policy 1110 5t>a~ includa Ir endorseme,l provd rg lhal c:o.-arlgl r ',vor 0' le'1Cle! wi nol be i-pa red in.ny WIY I)v any ICI, om 'SlO' 0" dalau I of OIlnlor 0' anv Ol'lflf PI'!o,. $'>01.1 d l'le Rea PlO[Mlfty be Iocaled in I' 1111 des gnllad by 1"111 Director 0' 11-1 federal f-elgoncy Ma'lollgemenl Agency II I loacla r ooa MZua 1'88, Gr~nor agrall TO oblsirt Ind -ainloir l'eC!erel Food nsullrce. I IVII.lbla, will-r 45 daVI allel rOllce is glvon by Linder ltal Tra I>-operty 1 ocalad Ir a spec a' 'Iood haluCl SlOa, 'or ',ha lu I unps d principal I)lla'loe Of '''Ie 101"1 ond aJ1V P" 0" Ie'll on tile prooarty lecu"rg tl'liloill. up to t'lO -axim ... m po Icy i.,.,t. aet u'1dar lhe Natio1"11 Food Irsural'Ce "'Og'a-, 0' e8 otl'lalWlse laau rad bv Ll1de', Ird 10 -llnllln '"Ch rSu'a'lCO for ,"e ler .... 01 the lOIn. AppllC81;lon of Proceed., Orarlol shill pro.-pt y '1'lli'v Llrde' 0' Inv IMs 01' 01r'8ge 10 Il'a D·operrv il the est"Talla COil 0' '!loai' or 'aoloceme'\' exceedS 20'16 01 I~e ... aloJl o' t"" collale'" Lardll' may -nake p'ool ot 10 .. First American Title First American Title 20050714002586.:: DEED OF TRUST (Continued) Page 4 I Granor 'dis 10 do ~o W'I"'" 'illacn 1"1'11 Cleys of It'll (;ItslIalty. W'lelhe' O' '101 laWe'" &eCu"TV s mpDtred, Lemler r-"'ay. It Lender's e Bclior. 'Icelve IIrd 'eta"'! ttoe proceeos o' a,y nSIJ'"ce end sopty I~e proceedl 10 lie rOOuellol" 01 t". l"KIebledrelS, plly-e-t o' any fen afteclTg l'le ""ooeny, or t"e "IISIO"1I1·on and 'aoal' o· {"Ie D'OOB!'tV. • larder elects to apo'v \'1, o-ocaed, to rntorefion ard leoai', Gre,to' ."lal -e081" or 'oolaco Ire da'TIaged or dest"oyed morOV8rr(t..,t, i1 II -en1'1 lillillectory to lImde', Le~aer ''''01. 1,1001" aat's'ac1o'v 01'00' o· sue!" oKl)III"dilure. pay Of r •• moo'" C'O"ltO( fro-,,,, pc'oeeeas '0' I'll '8I1S0"labe COlt 0' leper or ·etIO'ation j' O'lIrlll;l' Is 1"01 " do'au t uroet th', De~ o· T".:5I. A-v o"oeeed. w'lic" hava nol boan d sbu .. ed wir'li'l -SO da'V. a'iar I'll r 'acelot ard wI' cl' Lendar "188 rot co--htaa to 1'"18 'aoai' o. '8810'anon 0' 'he P'ooerty ,I'll be ... sed fi'st TO Dl!Y a'" .""1Ot.I'lt 0 .... rg to U"<Ilr undQ,-II', Oesd o· -IUI( ("en 10 OIiV acc'lIBd ''lta'8I1. a'ld the 'a-o rder, , arv, .'1al1 ba aop lad TO t'la P' rc'OIlI be <1rca 0' Il'e l'ldCDledrass, II La -.de' '10 ds any proceeds a'la-plymant I' lu I 01 Il'e IrdaDlad-sS8, sue ... p'oceeda s'lell be oe'd Wllhout '-U,-esl 10 O'a'lIO-as G'ano-'s I'lleloa1a mey aopeel_ Orenter'. Rapcm on Insurance, Upon -aquea! 01 La'lclo'. ~owaV8' "101 mcNa Ira, o"'ICa a vae·. Gllrlor 11\1111 lu·.,I .... 10 Lerder a tapa"" 0" aac ... Ixlst"lg pol'~y 01 .,.u'a'te &tow r-g: 0' lI"e ra'lla o· '''a 1"15"111" 12) Il'a Iisks r.u-ed; I:)) It-a amou,1 O· Ii-I po' cy; ,4) 1'-,8 Olooa'1.y i"l,,,'ed. Ihe t'la-Cu"e'll 'colace-e'll velue ot suc .. orooe'IV, B'\d I~e -a-ne-0' dala'-r-rg 1t'l1I velA; and CSJ l'le aXO"al0'l dale 011'-,1 POrcv, G'a'1lo' ..... ,. upon 'li!'ouaSI 0' Le'lcla', I-evi an Indeoende'll app'a sel sal ,'eclo'y 10 lerda' dalelmr--.e t'l8 casl-o va t>e '80Ieca-a-, CO&l 0' l'le °-oplrly, LENDfR'S EXPENDITURES. "Iny a01lon 0' proceod r-g s comr-e~cad Ihl would -ale"'nv eflacl lo-dlll • i'1tarel' In Iha P-opelly 0' I' GIII,IO' till 10 cor--p" w t ... a~y orO"'I'o'l ot Il-oIs Daed 01 T'usl 0' a'lV Ralated Documanta, inc Iud rg b", nol liT lad to alartOI I fa'lU"'a 10 d'lc'large or pay wt-a, duo ary a-o....-,s GrlINol I raou'rad 10 d set a'ge or pev urda' 1'l;S Daed o· Tr<JS( or II-Y '1ala(ed Dooun'Ier-fll, La'1de' 0"'1 G'anIO'" be'la!' may {bl,ll ,'Ian not ba obllgalad 101 ta'<a a .. y DCIOo' II-al la~der da''''s app-op' ale hcll,ld,ng bl.Jl ROI I Mlted 10 d Icl-a-gi'lg or oayl'lg a ra)(e8, lie"'ls. lacl,lrhv If'leraSlS, or~ ... Tbr.ncas a'lcl ot ... • clams. al e~v t,me lev'ed 0-paCad 0-I~a Prooany 1I'ld Dl!ylrg al CO,tS fo' 1'lSl,llhg. mahlai'll'lg a'ld orasarvi,g l'la P,ooerlV, AI, II,lCI' Ixpenditures i'lcu--ed o· po d by la'lder fo' .... cl' DU"OOse. wn I"'al' beal ''lla-esl at I"a lale c'>erged U'lder , ... a Nota Iro-t'la aalo rCl,ll"ed or pa'd bv Laraer to l"'e dale 01 -aoayme'l bv (;'a'lo', AI slJch axpa'lSes w n beco-a a 01111 01 I"e r-debled--.ess ard, al le'lde", OpIO-. W' I IAI be OIInb 0 Of" d"mll"'ld, IS) be Idde<l 10 \'le bala'lce-o· I"a NOla ald be apoortior-aa a-o'1\1 a'ld be oev,be w'l" ar-,-l"llal...-erl Dl!~,"a'lS 10 becor-a dua du'r9 ellhar I' J I"a [9'm 01 B'~ apo cao 0 'laurerca pohcy: 0' 121 I'>e rer--al"lhg la--at It-a \lole: or te) be [-eated as a bal'oor-Plly-e'lt wr c~ wi I be dua aTld 08veb e at t'\8 NoU, a melu'lv, -'l8 Deed o· -r\llt 11[90 wi' laCIJ'a oayr-am 0' lhua amou,IS SUCh rig"t s"al ba ''I add,1 0"'1 to III ol"a' -'gl'1l1 IIrd 'e-Id el to w'1l~" le ldo' mal' ba anI lied upor Daleu (, WARRANTY: DEfENSf OF TITlE, r"'a to lowi'lg plovllor-a 'allll'ng \Q ow,arlt-p or Ire-Propeny a-e a pa'! 01 I"', De.d o'T-I,ISI. Till". G'a ,10' wa--,"'I15 thlll: III) G"er[or ~old, good lind mdlltetebe I tie or '&COld 10 1"Ie ProperlY hie! $I-po, 'rae ara c aer 01 all 110'5 e,d IInc ... Morencas ot ... e· t"'II'l ['loaa flit 10-''1 In 1'1011 'leal Prooenv aelcrlolior 0-in II'V tll'a r'u'a,ea polcy. I lie-'eoo-t, 0-'-III ttle oo'r-o, ilSued 1'1 'avor 0', a,d accaoted by, Lende"~ cor-'lsclior w tl-1I"a Daed 0' T·lIS!. ar-d Ibl 0-11'110' I'as t~a tIJ11 Tlghl_ DOwe', ard aul~or:rv 10 a)(aCula eld dellve-I .. ·• Deed o· r-IJSt to LO'1de", Oaten .. of lilltt. Subjetl to tta ncepi 0' I' the pa'eg-apr ebove, (;'11'110' wa--a'lll lind wI' 'oreve-dafard 1"Ie lite TO I~e ProparTv agll',al I"'a IIW'u! ~11I1"'a 0' al oo'sons, r t"le everl arv action or oroceedl'lg 'I comme'1cad thaI 0U8sIl0-1 Gra1'l10"1 ft a or r"le 1'I11'8lt 0' r'IJ91ee 0' le,cle-\lrdel 11'111 Daad of -rusl G'a'110" snail ae'erd II-a aCT 0"'1 at Gfar-tor's eJCptI-.se, Cra~tol may De tl'o ro ... r-a oa-ry r .1.11:'" procae<ling. Ot.>llerder .'lall be a"lil ed to De'llc'olto '1' t'll o-oceed·.,g and to be I8p'ef;arled h Ita P'ocaedlng by courla or lllllde"l owr cl-olce. ard C'S-ior wi da iver, or ce<JSa 10 be del vared, 10 Lendo' IUC" ''''ISltu'''Utr\s III te-dl' Tay 'cq\leSL ,"0-I me 10 Irmo to peT1 I a!Jcl' pa'rlClplIl 0', Compllenee With lIlwl. Grartor wa'rants ("'er Ille o'Opil'ly l'ld Ora110"a lose o· t"e P'ooellY corrpias With al' IIx',Ii'lg aool'c<1Iote IIWS. o'dharcel, 1I'ld 'agu IIrIO~S 01 gove-nmenle lIutl-ontias. Survlvel of Representations lind Wllrranlles, All -aorasernallor-s, Ws"s'ltiea, ard agrsl-srts -ade by C'a'lIO' r 1t-16 Dead of T"IJII ,I'a survive \"I.e exeC\lIlO-a'ld de IVlllv ot 11-. Dead of r'ust, Ihall ba cor(:'Uln9'~ -lItUra, and , ... al1 ramal'l 'n IIJI ·o'ca ard a"aet ..mlll.toc'" I me as So'lowe' I IldaDte<lreas a'lal be oaid ~ fu' • CONDEMNAT[ON, -ha 10 lowi'lg p'ovlsiors r,tat'''g to Cordam'lallor-p-Qceedwga a'e I pa-t ot IMIS Dt;led 01 Trust: Proc .. dlng., It any p'oeaedil"g 1'1 CO'ldem'latlor IS ' ed. CIa-tor ,'lall oro-PI'y "lOt IV LerdOI h wllf-g, and arar,or .'lal' orC'TPI y lalte such 51epi III ms~ be neC8lSB'y to dala'lCl r'la a~fQ'I ard oDtair-1"18 awerCl, a'II"'ITo' '1lIlY be t'\e "'0-rs OlIn.,. h SlOt" o-oeeed rg, bUI lerda' s"a be 9'ltir ed 10 PS't c'pste II" I"'e O'oceedhg aid 10 ba 'eDralantlId ''1 ,'Ie p-OCIIadlrg by C:OL.lnsal 0' ill ow., ero'ca III III Orllrror'S exoanse. ard C.a"lo" wll del ve, 0' caUle 10 be da ivered \0 Larder aucl' I'lSlrvrnarts and do~u-e-tat'or as l"aV ba -eo .... "ad by Le,da' t'om I me 10 tIme 10 Oalm'l auet-ps"fc PIIIIO', Appnoetlon of Net Prooeads, ,. ell o· a'lV PI'I o· lh' Proao"tv s CO-damred by am"ert do-ail'l oroceed''lgs or by any orocaadhg or ou't"ala 1'1 lieu 0' conde-r-at 0'1, lar-dor r--av al ha eleCIlO~ req\l to that III or 11'111 00'1 OR ot {"'e 'MIt otoceed' o· I~a award be aoplied 10 It-a Irdabillcl-.ess or \'Ie rtpa" 01 '1I5loral 0'1 or 1'lO o'ope'tv, -Ill 'let orocaads 01 11'8 aWII"d .... al mell' l"Ia aWlrd a't81 oaVMar-1 or 11:1 rano-Ible 00811, exoena ... ard IIltorreys' leea 'ncu"ad by f,u'lea or Larder l'l conre<:I'ol'l w ,t-,"a CO"'lda..,rlll on, IMPOSITION OF TAXES. FEES AND CHAROES BY GOVE.ANMENTAl AUTHORITIES. -1'0 100'ow'-g P'ovas,o"" Illal'-g (0 gova'r..,e'llallllxes faes erd C'larges 11111 II oart of 1"'1$ Deed 0' -'usl: Cunlnt Taxa., fM. end Charg", UPO'l -e<)U811 b'V lll,da-, Grar-IQI shal axecu,e suc'l cbeu-arts r adair 0'1 10 l" s .)aaa o. "lUst a'ld IlIke whatellc' ot'ler actlor 19 raOIJ/!$ted I:l~' L8'ldo' to oe~'eCl erd cor I -oJe Lender'a 'er 0" ,I-a Real P1oolllll', G'I'lIO" sha I '11-bLJl'se La'lde' 10' a taxas, lIS doscr beG oslow, togal'lor wll'l al axpen$e& '!'Curred I'l r8001:l1ng. pe'fect"'9 or cort rui'19 ttus Dted or Trust. i'l(:IL.ld'rg witl-out UT lal'01 a I tl)(eS, fees, docu-ertl), s"mos, a'ld Ol"ar C ... argel '0_ reco'Clhg Q' rag'Sle'rg t"lis Deed 0' -'IJ$I_ Ta)(88. 'I-e 'olow"g shaU ~on.tltuta lexas to w'lic'1 t'1ll lact 0' ilpol as: (f J • Ipae'l e tax IJOO-th,s \VOl' 0' Deed 01 rU51 o. \IDOl" all 0-II'lV Dan 01 Irl hdaDtearess 'tcurea bv I ... ·' Daed 0' T'ust; 12' a spoc 'ic tax 0- Borlowar Wl-I~t-Bo'-owe' 5 alJ\I-oO-'laa o· reoul'8d \0 dedlJCI tro.., oeYI'l&rt! on Ihe '~dl!bted-a&s &ecu'ed by thiS r;yoe o· Deed 0' -' .... 1; tJI a tax 0'1 ('lis Iype of Deed 0' R'lISl c"r4rgeable-Itgahal 1"Ie Lande' or r'le ~o de-0' It-e Notl; 9'ld (4) I soeel! c tax 0-II' or ary DO't'on 0' \'la l'ldeOtaGr-an o· 0'1 pBy-e'lti of on,crpe ar-d intaraS1 Tade bV Bo--oWIII, SI1b"qulm'lex ... 1£ Inv tax TO W~ d" tl-" .acl;or 1I0p'lI is er-lI(:\8d .... bsaoueru to t'le date ot 1I"t Deed o· -rvlt, t'lie eva'll sha I have It-a sa .... a ef'act lIS 11'1 Eva"'ll of Dafau I. ard laraar msv axo'c'lt a-yo' a I of '1$ avl'labe 'erredles tor e~ Eve'lT or Delaut IS orov'r;Ied Delow u'llelS C'a'lto-either t') pavs I ... a 1/IX oe'ora I becomes de InqL.lert. 0-(21 corresr. , ... tax a5 OIOV dad IlbOva 1'1 1"Ie -exas ard L e'l lacllo., a'l(! depot 15 wllh Le'lcle' Dash 01 e alJ'y'e'l' oorporall 81Jrell' bO'ld o· ot"er sec ... '~ latlSfactolY 10 le.,der, First American Title " --------------------------------------------------------------, " First American Title DEED OF TRUST (Coptinued) Page 5 SECURlTV AGREEMENT: FINANCING STATEMENTS. -'a fo owl-.g prtlvslors ralslj"'9 to Ihls Dead ot -rust IS a 8eculily eg'eeme,t II-e II PII-' Of 1'Ils Deed Of I'uat, Security Agrs.meM, Tr I I,a['umenl ''lei corlt,tllie il SeC~IY Agrsemern 10 lfos eXls" .ry 0' the o.operty CO~lti'ulali "xuu .. a, ard Lord$( ,"aI have a I of lha rlghll 0' • ,&cu,.d oartY unde' the un'·O'-Comme'cla COde III iIImendea f'om t rna to Ii-e. Sseurlty Inwrell, Uoon reQueSI by Lende'. O"enlo" Ihal' lake whalevel eellor I. reol.lesled by Lerd.r 10 oer'.CI .nd eo'1tl1 .... lerder', .ecurily hlerest r It'S Re'1ts ard Personal PrODOI'l y. n addll 0'1 to r,co'I111g II' Ii OliO ot ~rUlt in I'le 'U Ploporty "cordl, Le"lder -ay .• t ,my ,'me !lrd wllhO!.l1 ftmnar But"lo'ilatlon 'rom O'el'l10', fie executed counterpartl, cooies or 'eoroducllorl 0' this Oeed 0' rt31 18 • f "lancing IllIe-e'l. Gra'1tol ..... I leiTburae l'rd.r '01' .1 exoenSeI rClUred In perlect.ng or contlnu rg ('1ls eecU/IIY intereat_ Upo, def.u I, ararlor a'l.1 rot remolle, .ellf!· 01 dlllaC"lll'e P.ra!;,.,1I1 Proo',flY 'rom tile Prooen.,. Uoo., defau I. Gramol lihall aSliemble eny Personal Prooerty rOI alfbcea 10 Ira Prooerty i, /. mavar 'I'd al a oJacs l.alKlllilbty conve'lla,r to O'a"llo' a,d Lender a""C1 -ak. 'I allal'able 10 L.enda' w tl" r Ihree (3\ day, alte' llleelol 01 wriller der-ard lrom Larder to T"Ie aXllnl parmlttect by IIPP .c~be law, Addr...... 't's ma fi,g add'e.seli 0' 0'a'110' tdeDIO" ant leNter (.ecured parly) "OIT' ... 1' c"l inlo'Ma'-o" corce-,I"", the ,ecUllty hreresl grarlect by I" I 000 i of Trusl ... ay be obulined loact' a8 raou oed by 1/'0. Un 10'm CO'Yl-ercial Coda) aIO~' sHuad on lhe 'irs, page o· t"lls Deed 01 -NIL. FURTHER ASSURANCES. ATTORNEY-IN-FACT. Tl"e lolowmg orOIl;I,O'1 'elal,ng to Iurthtir uliurances ard IItorrey I, Ilc~ e'" II plI'r of '" s Oeed of TruSt: Further Al$urenc .. , AI a'1y I'r-e. a'1d "'0-II-e to ' "''', uoor reQUOII of Lende', Grarlor will make. ax,cula e,o oellver, or wi I clusa to be -ade, execuled 0' dallve'ad, to Lande' 01 10 Larder's dellignlle, ard wt'e, reql.le6lad by Lende', caUie to be faed. recorded, re'iled. o· Nlrecorded, iii It'a Cllil may be. at auch I mel and r SUCh 011 ees .no ClIICes ali Lenda' may dae ... aoptoorla18, any a"OJ all Such mOllgagel. daed, of tru'l. slIcur,ly deed', 98CU",y ag'ee-arlS. f'ra,chg IIar.mel'lll, co,\lm,1! 0' stalemenll, hll'ume'18 o· 'UI1l'e' a .. urarce, Certl'icllllll, and oll"a' Oocumamli aa may. in tl"e loll oohlor 0' L.nde', bl recoua'y or de"lIo'a -I' ordar 10 el(eCIl.lalO cOMplele, perlael. COrl,I'l.Ie. or ONlse'lIa 11) 6o''OWI' S 'I'd Gla'lo"a obliglliioni u'1Cler I'le "Ole, In,1i Oeed of hJst. a'ld Ihe Related Documentl, and /21 the 'arl ard lec"l;ry jnll'elili crealea by 1t"1 Oleo of Trusl 81 titsl ard pllor lens 01' It'a ProOlrly, w~81'1o. row ow,eO 0' '1arllaf,e' acquired by Grllnto', Ure .. p-o/'o,blad Oy taw or Le,d.r aglaes 10 11'1 co."rlry I, w"ting. G,arlOl' arall 'e mbur,a Le'lder 'or al co1i11l Ind exoenses rcurred In co-nacllor w Ih rre maner. reterred 10 I' 1"Ils plI'aglapl", AnotlMly In Feet, 'Grsnlor fail. 10 do lI'y 0' Ire tl' rg3 re'orred \0 In lha p-ecedlng plI'lIgrepn, le,oe' -sy 00 110 lor lI,d h Ihl 'lIIm. 0' G'anlo' a,d al Orento'·. IX[)('OSe, Far auch purpO:6I1. OlantOI halloy Ifravocab y appoin" le,d&r II O'a.,tor. atto'.,.., h 'act 10' tl"e pu'OOIl8 of mak rg, Ixecuting, del've,rg, fli rg, recording, and 00 ng 1111 otnllr 1'I;'g. liS mav be -ecesSII'Y 0' dllirabla. In UIMel's 50le oplnlor. to accomon5r Ire -aIle's -e'.rrld to i'1 tN! o'ocedl"g pa'agrap'l. FULL PERFORMANCE. 'Bof"owe' oaYI al {he ndebl • .1r818 w"en due. and Ol/lerwl.e oar'orms all 1"Ie obl'get'olls mPOlect 1.100' GranlOr Ul'der It' 5 Daad o· TrIJII, Lalli e' .1'11 I exec"le ard deliva' to Trustee e 'IoulIl to' flJll 'econveysrcs a'1d sl'a I .xecure arl1 de ivar to Granlo' lu'tab I ,tatama,,, 01 te'mi'lalior of a.,., f flare:"", ItiUemanl on fie s .. ldererg Lordor·. MCuriry rl&-est i'1 tl'e qerta snd [he Pellonal Prope'ry Any reCO'lIlIyarce ',a shall!le oaia by O'e"or, if perlT' lied bV epol csb'e liIIW, T"Io grilrlee In II'W 'eco,vavanee may be descrlb.d as I'll ·peraol" 0' persol's eg.1y eflll!ad t"lereto , lI"d I'le 'OC "' I' tho recorvay l'1Ce 01 My -ettera CH' facli ,1'1 I be conclusille o"Oot 01 Thi 1'"tIllvlne" 0' a,v 'uC"l maUll" o· lac .. , EVENTS OF DEFAULT, !;ech o· t"le ·ollowi'lg, at Lande!"s opl;or. al'al CO,SI I ule a, !;veru o· O&'au I under II'" Oaed 0' lfVS!: Peymenl Default. Bo"ower lal. to -aka any paY"'~lI w'lln due IJ,d.r the ndabttld"'l8", Other o.fautt., Bo'rower or arartor tll~S to co-o f ",,1(, or to pe'lorP'l ary other ter .... obligatior. tovanart or cond·tlor cor lII,rad n I'lis Oead 01 Trult Of 'I a,v ot lhe "\elal8d Docume,,, 0' 10 eo-p y w t-()l" to Olr"orm a,v l8' .... obi gallon. cOlier I." or cordlt.on carra ned I' ary Ol"lor agleame~t Ott".ee, lo'1de' a'ld Bono".el 0' Gla.-tor. Compna:nce o.fault, cal U'S '0 compf\< whn ary otl'e' "-, 00 galior, COIIlWe,' 0' coroll'on Con{illn&d in In's Deed 0' r'ust. the ~ole o· 'r ary 0' l"Ie Re lied Oocume.,ts, D.fault on Olher Paym.nts. C:al u-e 0' Grarlor w'thin {"Ie I me IlIqu led by this DIed 01 hUll 10 maks 8f'IV pav-arl lor taxes Of 1"u/lIOCe" Of ery OT"Ier payment n.ce"a'Y 10 P"f/llart III rg 0' 01' 10 elfect dlseha"ge ot "'y 1>8" Def.utI In F._ of ThIrd 1'Iu11es. Sl'ouId Bo'''Owe' or ary (3r.rIOl delaull unde' any Olin, extarllor 01 cred t, sacu'ly agreement. ourC'l,.a or .ale. 'g'sa-ert, 0' ery ol"le' ag'ee-erl, In 'allo' a' a'1V oll'a' c'sdltor or pII'IO"! t'lat P'lay mlll&' elly ef'-ect a'1~ 01 Granto·". p'o~srtv or Bo"o".e·. o· a' .. O'a,tor", .bIIly to repay Ihe IndebTedn." 0' pe10lm ("lei' '"p.ct've obi gSt o's ,,"ideI' 1'111; Oeed of Tn,.!1t or any Ollh. <:jelaled Doeume'1U!. Falla Sla1ementll, A,v WilrrarlV. -eor88e,tatlor or Slate-ert made or lu·'lsl"ed 10 Le.,de' by Borrower 0' Crllrlo- or on Bor'owl"s 0/ O,arlor'. ba"lalf I.Ind., I" I O.eo'! of lrUiI or Iha ~atlla Docu"f\C,,, I ·al,e 01 rris'e8!l;rg II' ary -ataria! 'esoeci. e,ifo.r now or aT lh. l,me -fde or 'u'-'ehed or b-aco-e' ·alse or mlll8l1d,ng 111 ill'IY lima tl'a'ealle' D.t.ctlv. Collfltero1iUlllon, TI-I Daed at T'llIC 0' tory of tha qelaled Ooc"manlS cea .. , to be " Iu~ force and effect Ire udhg failUle 01 '''y COIi.a\81a! (locu-erl [II c'eata I valid a"lO pe'Jecled IIc .. lly 1'1181811 or I'lr) at any lim. ard 101 ., .... ·e.eon, Deeth or llIIiolY1ncy, rt's dinol"'I'on 01 le!MI,allon of BonOWlr', or Q·.,IOr"1 ex,stencli .& I gong blllil'll!Sl. tile illlol .... ncy of Borrowl' 0' O'amor. tna apoonlmant ,,1 a lice ver lot a'ly petl 01 Ballowe", 01 Gtanlor'1 prooenv • • ry ass.igr'Tlerl fo.r II-e be.,.flt 01 ered 10'1. ary ,~pa 0' cred,to' WO'kOUT 0' the co-lT'ence""e't of ery proceedhg u,der any bark'!.Iptcy o'iniio vel'cv ew. bv 0' aga rr.t Borrowsr or G'a"llOf. CredllOf or Forfelturs Proeaed!nlls, Com-Iree-erl 01 loreclosu'e 0' to-1e Iu-e oroceediog" ".hal"lor by juCl'CiaJ p'ocellding, lei' 'lelo, repollession 0' any Oll'er mel"lod, b., any creditor 0' Be'rower or C'anror or Dy any gOllernmenrel agarc-v egalnst ery proo.rl ..... eclJI"l'!1 l"Ie nOeotednesa. Tl'1 i,cI..ae& a garnostvner. of ary 01 Bo-owe', 0/ O'a"lto< s acCOl.l'1tll. I'1CNclrg dapo,l\ eccourls. ",,11"Il'"IOer. I-'owaver. t'lll Eve'll ot Oafaull Ihlll rot app y I' Thers il e gooc! 1101("1 d'soute bt Borrow!!r 0' (3'ntor IS to Irs lIa'ldiTy Dr -easonable,.ss 0' Ihl e lim whicn i. the oas I 01 t"le c-ealtor o· 'c'la IU'e Pl'oceedi'1g and 1I Borro""er o. O'.nlO' gives Lender ... rmor '01 ce of Il"a C.ed1101 01 101 'ellUI'a p'ocead rg ud deDOllt, wil'" Landel -o,;ea 0' a lureN bo'ld for II-e c-edlto' or lor-elt ..... e p'oceeding. r er amount dallrm:,od br Linde', r It .. t.C e dllc'el o~, as being an adequale Nlle'Va or bard 'or 1"18 d'IOI.I", Br.ach of Other Agreement. Any brlller bV Bo-owe-or Grlrlo' urdlr Irs la".." 0' arv Olt'e' ag'.8nent between Botrowar 0/ OrsrtOl' a-o le"de' 11'1111 "I .,ot "-fl(I el;! w It' I' a,v g'ac. per ocI p"ovi(lld lhe's"r. ,nc\IO'ng W·II'OUI First American Title . , First American Title DEED OF TRUST (Continued) 20050714002~131;_':-:" Page 6 1'r-IUlIor 1Io'~ ag'lIollo-e-,1 corclIo'1ing IIony '~dabladnaS'l o· ol"'er ob gIlLO'1 01 Bo··o ..... er or Granto' to le~r, ....,hllollollor IIoxlsl'rg 10W 0' 'alar. EVi!Iont' AtltC1lng Gual'8l'ltOl', A1V 01 1"16 p'ecedhg BVe-tS OCCIJ'S wit" respaCT TO arv Ouarartor of 1I1V 01 '''110 rdebtedress or arv Gelararlor d ea o' becomes rcomoaillort, or 'avo"" o· o:a01.Jtas na VIIo' d ry 0'. o· ;abrJ ty v-oe'. any GUllorllnly 01 tt-e l'1oebtedresa, I, l"le avent 01 a dlaf", la-oer. lit ta opro" -ay, belt arall nor be rea ... ··ed to, oerm I 1'1e CoJIrarlOl's I,ata to as81J-e ",co'ld Ilo-e y Tre ob 1ge1'0'18 e"-Ing u-der Ire g ... IIo·B'11y ill e "laTe' 5alisfaclo'y 10 le"lder, a'ld, h oo"g aD. cU'a a-" Eve1t of De'alJ T. Advora, Change. A -ala' III a!jya'Sa c'"targa occurs r Borrow8' 8 or G'lIonlor II IllIanCla 001d 110-. 01 Lerdor belevetl th p'Oapect 0' oa~mllonl or pe'lormance ollt-e rdebl0d'lass S mpe rad. Rlgh, to Clna .• arv oeflloulr. oll'el r'"tar a dalau I r p.IIy-en B c ... ·able ard If Granor l"a5o ~ol bean givllo1 8 rotlce of a breac., 0' t~ ,a'1l1o o'ov1a 0' 0' t.,la Oead 01 "r ... " w I"'~ I~e o'eced rg lwe-va I' 2) -o-tns, it ""ay ba c""ad if Olll"'ltor, aile' 'Icllolv'-g wrililn -ollce '10""; lerOlr de-e'-obg C",II 01 $vch oale'.IIl. I') r;:IJ"II"a Oa'.ul W'I";- 'i'lae-"S) dav" Or (2/ j' l~a c ... ·e 'eour" mora '''a ... 'i'leer ('51 day., rrmsd'alely ;-':1111110' &160' w"'c" le'lOI!' deems r Lenoer', '0 e dlS(:'l!l 0"1 10 be su' 'Ie'e ... ' 10 clJle lloa oe'llu I IIrd ,hllo'8,hllof cO'"'1hue_ ard co-p etu 0 -easo"l8b e aro ner;:essllr~ steM stJII cleN to p'ootJce co-o arce as 800-88 reeso ... eb y pract cal. RIGHTS AND RfMfDlES ON DEfAULr. 11 er Eve'lt 01 Da'eull occtJ', 1.1"101' !~a Deeo 01 rust. 8t any {me r'1a18a'lar. r'uaree or lende' -8'1 exalcise II"" one o· mora 01 I~e fOllo ..... lng rig~Ta IIrd 'emeoios Election of Remedies, Elecllor by Le"l(lel 10 PU·I...e 01"1,. 'e-edv s'lat "101 exclude OIJ'6U!t 01 /1"'1'( ot"el lemed .... lind a"leer;:t'o-10 -eke IIoxperolturlS o· 10 lIIka IIoCIO"'lIO OO"Olm a-oblgat'o"'l 0' 0'8"110' 1.1 ... 0110' t'lls DlIoeo 0' r'u'l, IIotler 0'anl01 s '811.1'e [0 oer'o'-, '~II nOl ollecl Lendet'6 r.ghl 10 der;: are a de'au'l end exo'r;:.e u. ,,-ad 6$. Accelanrt.lnd.btedn .... Lerder ''1sl '"8"e th8 nghl 81 I. OPIO"l 10 declara t~e anlire ndeble(l1ess im-ediale y OUIlo erd pllyab a, ·"cl ... a-rg "W Drepav-e-t oe"lalw wher Borrower wou d De 'eourad 10 Poly. ForecIo,ura. Wilh la.oeCI 10 e 10' ary pa'l 01 Ire Reel I>'oper!y, me rtJllte& ,hllo I "ave Ihe rlg~1 10 exerr::lSe ,IS DOwer 0' sa e 8rd 10 'oree 016 by nol ce erd ee •. n"ld LlIorder nail ~Ive I"le rlgh 10 lo'eclost by {udlc el to'ec·osura, ,r e I~e' cese I, eccorda"'lce w·t~ Ird 10 1"110 lull eXfe-, orov de<! by appJlcal;lle II ...... UCC Remadlel. WIt-rupec! to 1101 Of e1~ 0111 0111"8 <>e'IO'" D·ope'tv. Le ... de' shal 'HIve all"e ·9.,1 ..... d lamed'as 0' a leClJ'eo Dllrty tJ,oe' It-e Ur 10'-Com-e'r;:,' Code, CoUacl Rant'. Lende' 11.,,1 "live It-e • g"ll, ... ilt-out rOI;ce 10 Bo-ower or Grarlor to Inl(e possession 0' and mllonlg8 I~e PloollonV e",d co eCI 1M Re,,,, 11r;:!ud -g e-ourll oa$l otJe e"d U"lp.ll d. lind 1I0p[V 1'1110 "et p'oceedl, ovtIr 1I"'d 'bo .... L,rdllor' COSIS. 191I"lS1 t~e ndet>tooress, 'r 'U"I""e'area of I~ S "9"1, Lerde' mh reoel'" a~y tllneru 01 011"110" o./Ser 0' the Prooen" 10 !"lilke Pllyrna1ts of ra"'ll or \lee 11108$ d'er;:t'y 10 Le'lder. '("8 Rents IIoro corected by lerder, t'Ter O'antor I"ovocab y de'ogrllle, Lerder el' O'a"'lo", ello,neY-11 f4e1 10 e-.do·ti!Io '-"'uma"'l\s -ecelVElo i, paY-110m ene'eol h Ihe ra-llo 0' Gre-IOf erd 10 regoliare C"110 18-e erd coletl t"l10 oroceeds Oa'1"Tle"l1S by lera ... tl o· o,.,er 1.1$8', 10 Le"lda' If' resoo'lSe 10 Lender', de-,ard ,~ol sal.tv 1'10 obIlgatlor, '0' whlu IHI Ohms'll' "a -ade, w.,el119r or nOt a,y P'ope' g'O ... 'lds '0' !"la demeld axl'led. LeMar -IIY exercise ts' g'lIS ...,do' I'1IS suboacegllp" e I"e' r pe'so ... , by agert. o· t'1ro..g'" II "lice var, AppoIl11 Rtlc.lvar. LlIorder I"a rllVEI I"e "g'll to It,ve e receiver apco reea 10 IIko ootsen 0"'1 0' II· or ery oa'( 0' Il'e Dropeny-...... It'! I"a oowe' to oroteci am:! cra,e"Ve lhe P·ope"1.Y. to ope'ele 11"8 Ploo."v O'8eedi"'g o· plt-oi'lg to·ec'os ... ,a or ulo, It'la \0 coleCII"e q"ts "om I.,e "'opa'Ty eM aopty I~e procee<lS, over ,rd acove 1'1e cot! 0' 11'110 'eceiverarlp, aga rat ttTe IRasbtedl"lest. -,... 'eca ver -IIY le-ve w;t"oul bo"l(l ,j oerm \lIId by 'w, Lerde", rlg~1 10 I"B aooo rl""'lll1t of , /fCIIo,vll ''1111 exist w"el"" or rot Ina IIpoarart va ue of Ire Prope'ry exceel;lS Ito ·rdablednen Ov 110 lubsterlllol amOIJ"t, E-pov-ert b~ Larde' s"o rot dsouel"fv a oellon Iro-servrg II II receiver. T.nancy aT SuHorence, II Grantor ra-e·r$ '''1 oossenlor o· ttle D'ooe'ly a'{e' IN.'' Drooe/lv a 10 d lIS o'ovl(\ao above o· Le"lOe' OtherWise b"coma~ erl t'ao 10 00'68,,:0('1 of t~e PrODl!rly upon oeflloull 0' Gtarlor, Gtllorlor ahilil l;I"co-e a tllol"lIo-t et a\llfe'e,ce of L.ende· 0" t'"le curt-lISe' of Ire Prooarty a-o ''loll I. el Le~aer , ootior, e,t'le' ,') oav a reasorllble ler,,' for lI'e UH 01 1M D·ooeny. o· 121 vecele '''0 Drooeny 1"'"000ed 11010" UpO'l I~o da-a-d of Le1de', O1hef R.medIH. f'ust" o· Lerda'lhall 'lave a,v ol"al • g.,1 0' laredy orovided Ir th" Deed 01 -rll,t 01 I'" '11010 0" b~ e ...... Notlc. of Sate, laroer It-, I g've Grllnlo' 'eaao"lab I -otica 0' t~e t me end olsce of arv pub IC lale 0'!'"Ie Perso"\8l 1>-ope"C\' o· 01 lI'e 11-110 lI'tet w" c .. erv p',ve1e se e or olher i ... leroeO disDOe lio-0' t ... e "'ersonllo Prooerty IS 10 be maOI. Reno'lab e nefca Bhall I"1ll1r 1Cl1ce given at eut ten "0/ oa.,. belo'e t.,e t,mllo of Ire Ie II or 0'100,.1 or. Any II 110 o'tre Pe'so,al PIODOny -ey be ",ode h cO"lu'IClior ..... il., 'l1y &.lie 0' ILe Rea' Prooerl.,., SlIolo ollha Property. To Ihooxt'"ll parrrittlloO Dr eppl'caDlelaw. 8o-owe' eno GrllrrOf hefeDy we,ves &'"IY ard 1101 "g"'ls \0 "IfI"e t", Prope'ly mef'"lal ad. "exe'c 51"'1g II "g~ls al\Cl 'emectJes. rne 'rlJsle6 or Lender t.~D I be lree 10 sell a o· e'"IY pa'! of the "'ooerly IGgIlo!l"e' or seoerate·v, "ore t8 e 0' Dy $lparaHI! n a$. L.ander snan [)8 entiTled 10 bier 1101 1101'" put\l C I8Ie 0' 110' or any porlJOn of II', PrOpO"lY Attomlya' foil: Elrpenae.. t le"lder "Ilulea e-y $U'I o· ac! OR 10 a-'o'ca <lry 01 Ire 10rms 01 \'1IS Deed 01 r· ... I1. Lerder .... 11011 be erliled 10 recover 'l.Ic" eum a8 t"e tOV'1 ';'av adjudga rall$0111b 8 a, allo''1ey' 'ae881111<1· '1d IJOO" onv apoell!. W"eiller o· 'lot a-v r;:ou"1 eeto ... is nvolvad, end 10 1'"Ie exte-, "lOt oro.,ibiteCl by a ..... , al ·ea80 ... ab 110 allpo"'lsta Le"de" hCIJ" t"at in Le1C1e' S op -'0 ... are reccsl8'V 61 lIo"ly tl'Tle for It-e o'oreclio'l 01 III rle'eSI o· l~e enfo'ce-e"t of II' g"ll '1", becOro a parI of It-e Indebredness payllob e on dc-ara IIrd st-e I I:>ear ·nll·el1 at tM Nota rare hr-I~a ollla 01 I~e Ixpe"la lure unlilrep, d, Expa'11811 coverad by I~ I oareg'lIor i"lcluoe, ..... 11.,o"t Ii-'Iatior, "owever lubJecl to e-~ 11-11 tJnde' apol caDle Illw. I.encle'" IIUOrrlloYS 'eel a-d Lo'1Oa" ega I!xpe"'lsel W'lethe' or not Il1e'e is B eWluil, 'ne uOtng ano'no.,. '8" aro expense, 10' ba-'Vuotc~ p'oceeo -gl frc'uOl'll! ,"o'1a fO '"nOdi'y o· vatllole arv automat c Slay or hju-ct'or), apoeala, ero 8'y a ... licloeled poll jud9-e~t collec! 0' $erv'cas. tilt cosl 01 laarci" rg IIIoCO"'d'. ODte· ... hg fie '.00"1' I rc udirg io·ecloe .... e '11000"19) su'veyors' repo'ra, a"d 'PP'a"8J 111088, file '-8"rarce, erd 'ees '01 l~e 'Iuslee 10 ,'Ie eXlen permil110 D~ eppl,r;:abe 'aw, Orenlo' etlo w tt PII\I 1Io'~ cotJ'l COIITe, ,r adon:on 10 811 Ol'er lIums o·ov;"ed ov aw, Rlghta of Tru,lea, -fultaa .... al ~ava al 0' 1"IfI "ghll a,d outies 0' Le'1de' as 6allol1~'r 1"·, leer on. POWERS AND OBUOATIONS OF TRUSTEE. -"a 10 ow,rg orov I'ors falali"'lg 10 l'le Dowe,s a'">d ob's" 0'15 0' "vllae (pu"8Ul1nt to Lerda,'s hilruci 0"'11) are oe!1 01 t~, Olloeo of -rust: Powell of TrualBtl, n addllor to all DOWel' 0' 'rus!"" 4!it'rg III II malter 0' law, Rru51ee .na~ reVEl 11"8 DOwer to take It-e lollow rg eclior ...... It., respect 101M "'ooeuy uOO"'l t"le ..... rillon requeSt of Le1de' a-.d O'aillo', (OJ ,0 r in p'eoari"'g 6"'10 'n rg , {""ap o· Dial 01 Me qael "'ope"ry. re vang ["Ie doolca1lor O· sr'eals or olt-e' 'g'lill 10 t~e puDlic; '0))0111 M g""lII'Ig a,y e8Sa-enl o· c"eal \I .~~ rO'I' Cl 0'" 0"1 1'0 Rollo Propa"1y; e~o (CliO --110 ... " Bubold'rafo'l or Ol"e< agreemen affect'-g tho, Deed 0' -'u,1 or I'le hteraet of Leraer u"'der tr's Deed of rrusr. First American Title " First American Title DEED OF TRUST (Continued) 20050714002~. ':"_" Page 7 Obllgtrtlona to NotHV. -'Ullee 5n89 rot be ooiigate<l to noli'y .ry ot"', pa'tv 01 II Dend rg .. e .... det '"lY other (f .... " deed o' he" or at sry actior Dr proceeding i1 which Granlo', Le,der, o' rrus18e Il'all be a oerly, InlllU rear/red by 8opl'cabla 'ew, o· 1.1''\1," tt'a actlor o· D"Oceeaing is b-oug'll by T· .... "ee. Tr~..... ·,ueta8 sh I -e81 aU aualllc:al'ons reou,,!d 'or ·r..m:aa lJ"dar epp Icebl, law. n add liD"! 10 I'll rlgl'"15 ard remedle, tel fonh above. wlt'l 'e5peCI to all or lI"1y ~rt 01 the PrODeftv. ,t'Ie rru.l~ ,haQ t-ave It'l rlgl>' to to'ec 098 by "lollce ."ld U19, a.,d Le'Cler stlaJl''laye ("Ie rigl'lt (0 'oreclO'8 by judIcia' 'o-eelo,llrl, I, .'tI"8' ena In secordarce w;I'I ,.,a 10 I'" lui .)(lan o'ovideCl by 1(001 cab 8 law. Successor Trutt •• , lender, at lerd8r'. opfo". may I'om t:me 10 lime appol"ll EI .uccessor hlStee 10 e'ly lrullee epported u"lIle' this Oeed 0' T'uSI by a, InsTlUm8l11 lxeculed a,a ack'lO ..... llclged bV' le'1Cler a,d reco'dld h 1~ attica o· 1M raCO"der 01 o(''lQ Counly, SUITe 01 Wu"lngton. r.,e 1,5t'U/1M;Inl .h I cO'ltal"l, n add ilion 10 al 01 .... malle'a 'lIou'rlld by 81a1e law, 1"0 IlIIrral 0' t"a o"'j ra Lende'. 'r<lstee, ard Gr''110r, 1"10 t:loo~ a'ld oage 0' 1"'0 Aud'to"5 Fie Nu .... bllr W"IlIre In's Daad 0' -""11. r"corded. l'la It'a 'lame I~d aadreu 0' tno • ..eca.sor lrustee, ard Ihll ral'u-e'll • .,81 be executsd and ac,<rowadgld by Le'de' 0' 118 8uocall80'. '0 'lleraSI, -toe Iucce .. o' l"t.Islea, .... IMoOut conV'SYltree 0' 1'lIt ProoenV', shall succeed to all'"18 IlllII, POW8f, and dulls. conls"lKl uocr' ,.,. T'uSlee ill It' 5 Deed of T-uSi a,d pv spp Icable law. T.,15 p'oceau .. to' 5UbSI lUI 0' 0' Truslee sh gove'n 10 II-e exc usiaI' of a'l OTher provisions 10-SUOSI 1111 on, NOTICES, Subject 10 aoplicabl" IIW. I'ld excepT to' ,otiee req,; ... d 01 allowed by aw 10 ba g,va'l Ir a'oll)er manrar, ary -alice reQu.'ed 10 bl g'VI'l unae' 11-", Deed ot T'u~1. Includrg withO\.lI iml8l10r any /'IOlce ot dala"", ard a"lv rOlice 01 eell II-a I be g ve'l " w't'rg, ard I,.,all be e!rser've wnlr act ... a Iy del,vs'ld, wI-a, aClua IV' recelvea by lela'acs mle lur 811 olh"rw$8 'equired by awl, wha, a"oo.l8d w II-a !'Iallerall\, rscogr.ted OVel/'llg"ll COUl,O', 0/, ir Tal ed, .... her deoos:led n 1"11 Ur led Stalll ma I, " hSI cas,. csni'iad 0' '119 51.rea -ail oc51age orepa.d, dJ'8Cted 10 l'le adaresses II-ow, flilar the beg''lfling ot Ihis Deed of Tr ... st, A'I cop'" 01 'O,'C" 01 'orec!osu'e 'ro-t.,s 'loldel of a'W len wI-cl-"" oliorhv over thl. Deed 01 T, ... al.'laI be senl TO Ulnoo' a acldrlSS, as 5'lowr r"-I'lII beg,'ltling of tI'Ill Deea o' -r"". fl.rV oallV' rray c"large ilB lIadrelS '0' OOIlCes urder IN, Deed 0' -'LI$1 by glv,'lg lormal wrillel' rOtce to II ... 011-11' oarues, specilY'"19 Ihl II-II purpose of th.lt rotico Is to Cl'lI'l~ tho PlI'...,'S aad,,"s. fa· nollce pu'oosel. O'1I"tor eg'elll 10 keep LOrder ~'ormea at al t -es 0' 0-8'ltor S currer, address. S"bject 10 apol cable law, and excepl 'or not'ce requl'ed or allowea by law to be 9 "er In anot"el manre", ,III-e'l 's mo'e Ih8'l are GrB'llor, a'lY rot'ce giver by lander TO a'ly 0larl0r 1 aU'11ed 10 be rOllce 9 var 10 aU OrarlOrs. RELEASE OF COLLATERAL. -he Bank wa lequ"e adeouate c:or&ioerallon fOl' I .... reieue 01 collale-al. The cO'l.da·at'o .. ""'al be aallned 111 BeV'anry pa'cenl (70,OO'1b) 0' a t proceeds '10m Ills O· ol(al or -xllwaloro06l1iu, MISCELlANEOUS PROVISIONS. -1-11 10 lowing mI.cellane:l .... p'o1l510n. a'a a pall ollhi. Deed o· -"'51: Amendmlf'ltS, ,.'. Deed 01 Tr ... st, log".,,, W II-any Rc/"ted Documenll, COlla!>t"t .. Ih" s'li'" u,aerlterding a,d agreemenl of ,he part'as a. 10 the r-al1er. set lOll' In II-a Deed 0' frUit. No allelll 0/'1 0' or amandTerl to II-. eeea 0' T,ust .t'el be e'faclive "r ea. g'ver '0 W' li119 ard .igned by lhe pany 0' patt as .oug"lt to be ch8fgecl 0' bol.ll'd b~ t~ ale"aIO'l or amend-ent, Annua! Ropom, II I"e Prooerty a usea '01' O",po',85 OI"UIt U"a'l Orerlor', ruldarca. Ora'l'O' ,"Ial 'urn an 10 lenCler. upon reQuast. a certl'laa $Ialll'-ert 0' ret operating ;neG-a 'ace lied Irom II-e P'opllnv d"rlng Orenlo' I prellious I scal yea-In 8lJc'llorm ard denl! as lerder ahall roo ... ·re. "~el oporati'l9 i'lcome' '"lal men an cuh rece'ota hal"" Ihe Prope'tV es. all CII51-eXDa"Kft""II$ I1'ade tn COr,eCf,OI'l W II-ll-e ooarallor cll"e Prooll,ly, Caption Headlngl, Capllon headings 'r (.,Is Deed o· -rU81 a'e 'or cO"lVllnlence o"rpo", only and a'e "lOt (0 be u,"d 10 InlerD'el 01 de'i'le the prov,.Jorl of Ih;s Oeea 01 TrUlSt, Merger, rl'e-e 5"al be no me'ger 01 ,he Irte'e51 Dr i'Slale ernleg bv mi. Deed 01 hilT w II-any otlle' 'rlEl'est 0' eStale r I'le I)-ope'w 81 "ny l'fTIII "'eld' by OJ 'or II-s Ilene/It 01 I..enaer II' ary caoacltV'. wltl-o..rt the .... IIHen co ... ent of Lenaer. Governing Lllw. Thil Oeed of Trusl wIt be oovernad by t.d,,1l!! IIIw IIpplf.;able to Lender end, to the exlent not preemplad by fecho,al law, the lawe 01 the Srale 01 Wuhlngton without regard 10 Illi I:onffiou ot IIW provisions, Thll Deed ot TrUlt hu been 8Ccspted by Lend.r In tl"l Stale of WalhingtOtl, Choice 01 Venue. I' \'1ele IS a ewauif, O"'lor ag,ees upo, le'lder's reoue.t 10 5ubmil10 I'" ]LlrildlCLO' o· '''Ie courtS oj K I'g CourtV. SI81e 01 Wa5hirglor. Joint lind Several Lilbility, All ob 'gal 0" 01 Borrower ard OraI"\O" u'lder l.,i8 Osed 01 r'LlII ,'lall be 10 rt and 5ever81, ard aU referenc", 10 O'e'llo'lha" rresr each and ellsry Granl0r. ena all'e'etenCe510 Bor'owe' .hID mear eac"l a'ld 8\oety Borrower. T"lia -IIe"8 Ihl eac'" Borrowsr a'ld Orarlor 'g'li'lg beow • "Iocrslble for a" obligations I'll'S oeaa of Trust, No Waiver by Lender. lenas' sl-all '01 be deemea 10 ".we welved a'l~ rlgl-l5 unde-I.,il Deea 01 TI'l.IIl unless .ucl- we ver I. glV'S .. in wrlli'lg a,a ligl'\ld by Le'lCle'. No 'lelay 0' o-lIllor 011 lho parl 0' Lerder In exe.c'.I"Ig a,V rlgl-I .'lat operate os a wa,V'S-0' SUCh righl 01' a'lV Otl-II' ,-gh,. A waive' by Le'1ClS' of a OlOIl!toOfl 01 11-'. Deed of T'ust sfIall "'ot orajualce 0' co".II ... le a waive' o· le~dor'e rlgl-I olh'wl" 10 ae~srd suici cOlT'plal'lca wl{h 1"111 p"OlIISlor 0' any Olh' 010-..1.01'1 of l'li\! Deed 01 -r'JII, No 0"0' wavel by La'lCle'. flO' a,v COUl$8 0' daal'rg betw .. , lel'der e'lel G-e'lIO', snell COrS(I ... " a wa v.:' of a"ly 01 l.e'ldsr. rlgt-ta or o· any 0' GrertOf" ob igat'o'lS aa 10 8"y '<I'I.I'S trlnue1Jor •. Wtlerteve' the cons8l'l1 01 Lenae' 5 req .... ·ad urd1)r Ih S o."d 0' ·ru5l, Ih grerl I'g 01 luet-corseI'I bV' Ulnde' m S'ly Instaroce 11".11 'lOt ';O'l$t,lull conl'nu rg COllIS'll 10 • ...tMequent 'nsta'lCQ w..,.,e I"Ct' COrS81'1 " 'eQulred ard I' 0 J calea s\.Ieh cOl'"r I may bll gra,ted or w ll-"elo ,r 1f1e ao e d'scletlon of ~erdar. Severeblllly, II a coun 01 comPIle .. ! loJFilid cI'Ol' Ira, a'ly proll;1 0 .. of l"Iis Dead o· "l'l.I.l to be i tega. l'lllard, or u,entorceable as 10 ary 061501' or cl'cum!la"ce. Ira, l'nd rg a.,al "lOt ms'<.elnll ofla'laing orov .ion Ileg!l, 'nvalld. or ... nenfo-ceabie 81 10 a,\, oll-e' GerSOf' o· circunte(;J"IC8, • feasible, i'" otle'ld rg OfO'f'/J,On aI-a I be corsidereo -odil ea BO t"at it baco~1S egal. val a and erlorceabla, If I'e o"alld rg p-ov;lior ce'mol be 50 "noai'ied, il Ihell till cO'l.'all·ed de altd "om Ihis Deed 01 T,US!.. Unless 01t'e'wl'8 '&Quiraa bv law. T"18 U ega itV', irw8lidily. or 1.II'0'l'orceabLIY 01 a'll' 010-""01'1 o· l'1a Oead of -rU1II"lid 'lot a"eclll-e lega:t\', v/llldiry or enlo'ceablll~ 0' erv oll-e' p'ovisior olin. Deed 01 Trust. SUcceslOrs lind Assign., SubJeCI 10 arV' 1!'!'(lat'O" 'lfaTed I, ll-i. Deea o· -rusl on l·a.,.lar 01 O'a'loor. Inta'aST II-. Deed 01 trust • .,sI be b ,aing "'00'1 ond ',ure to tlla bena"l o· the parties, II-II·r .<leeessora a,d I$.'g"\l. ' owre .. 1-p of \.,a Clrope'tY beco'l1es ve.led I, a person 01"0' t"a, Orantc'. Lerder, wit"lCh.rt OOllce ro Grsrlor, -ay dea wit" 0"'110r' •• uccel1015 w \1-reiara'lca 10 ,'115 Deed 0' T'ull and II-e Irdeblad/'less by way 01 10'bura'lce 01 eXle'l' 0' whhout 'el885ing C'anlor Iro-the ob Igil/licr. of 1"I1s Deed of rruSl or 'jabiJ ty under It-e t"ll.bledre ... Tlml Is 01 the & .. noe, -11l'I8', o· 1"11 ""'rca ,n 1M pal'ormance 01 1"11. oeea 01 -''''SI, Waive Jury, AU panias to thi, Deld ot Tru.t hereby waive the right to any Jury lrlal in any action, procHding, or counterclaim brought by tInY perty agllnst any Othll party, Watver or Homestllad EXlmptlon, Grsrior ""eby " ease. and .... /live. BII rlgl-I. and be,eh" o· l"1e lIO~eSteeo First American Title First American Title 20050714()1)21;J31!'.: : DEED OF TRUST (Continued) 8xe."otiQr taw, 01 ('Ie Stata 0' Wa"r-,gIOIl a. to 811lnaebted,ess 6tc1,I'ecL by l'li, Deed of -rust. Page 8 DEANITIONS. r-,e '0 lowhg caoil! zed worda and 18'-, Sl"a "'ave Ire 1010 ..... I"g mt'.nirgl wi'll" used h t"lis Deed 0' -",st. U1'eu apecillce\ly stal,d 10 t'111 conlro'y, II rafe'e~cel 10 dO' ar '-OUf'lS ''1,1 -ea"! a-oLintt. r lawl ... -o1ey o· ~.,.. u"teod SlaTea of Amenoe. woraa and lell'''' us&a r t'lel a rqu al ."\aI Inc'!;d. 1'18 pi ... • •• and tne olu'cSl shal hClude 1"Ie I,"gular, il8 u"e context ma1 require. Wo'ds !na ter("'ll "lOT oti"e·w.e de',"18d r t"is Deea o' fI .... 1 shal) "aV6!'1e moan,!"g. 8W't) .. led TO Sl.ICh terrna r the Ur 10'" ComlT'fl'C'8 Code: Bt!neflclary. ,., wo'd "So'l6'lc1o'Y' meer. Dl,Igel So<.,d SarK. IIrd II successor, O'1d eu gns. Borrower. T-e WOld 'Borrower -1''1S CBS "'A"IDLEY LLC ard '~cllJdes al' co II g .... erll lI,d co TeIt.Of5 I g~'"'9 It-O NolO. O •• d of Trusl, r"l' wordll . Deed cl T'ller" mea .... t,l, Oeea 0' -rlollt amorg C,arlo', Le,aer, .nd -ruSlee. a~d 1-w;ludes wilt-out r-llalio .... a ISs,gn"e,t 8"1d secv"ty I1ferasl orovsiors ralall,g to t"l' PeI'lO'UlL D'ooerty a'ld Re-['. Oatllult. Tt'e wO'd 'OelauiT" mellnS t" De'auLt set "O"th r It-·S Deea of T,UI[ ir It'e 88C['O .... I fed De'.ult". Emli,onmantal Lews. -toe woras ·E~v;·onm.mlll laws' -ee" ary 'I"d II ,Iale. ladera ard local .tarllles, rlgl.llll;orl a'ld ord'ra"\C8I r.III'9 10 It'e orotlC[ 0' 01 t-"mll'l neallh or I"'e env"o~"'lrt, rc udhg wlt ... ou[ IIM'latlor t ... e Corrp ...... enalve r"v"o,me"el ~oorse, Comoersatro~, e'ld Lib' Ity Acr 0' 1980. IS ame~d. <112 U.S,C. Sectlor 9601, II leet., I 'CERC~'" ["I Superfund A-e-omeml ara 'l:eaur"'o"llllior Act ot • 96fl. DlJb, L, '\10,99 <1199,'SAPA"I, r'le "'&la,(1oul Mate';11 r'OlSOO'IIIO-Acl, 49 u,S.C SlC[ 0' '801. er aeQ .. It-e 'lasot.o'ce CO,servatlor Ind Rocovl'y A~[ <112 u,S,C, Seclior 690', el seo" 0' o["'er aopicabe s[ele 0' 'lderallaw8. 'ues, or 'eg",tatlor, adooLed our.ua~1 t">ell10, Evenl ot Olfault, T'1e worda "Evenl 0' Dlflult" mee, I-V of r"e eve"'lll 0' dt'al.ll set forth I' I" a Deld 0' Trusr 'n 't-e eVlrt' of dell ... ll oec[ 0"'1 o""Iis Deed of ".",s!. Gnlntor, -tlllt WOld Grarlor' -88rl CHAPlf$ T HANDLE" a-a B'lENDA l HANDl.E", Ouerenter, r·1 WO"d ·Cloe'a,IO"· Tears arv gl.le'o"or, au'try. o· aOCO'--O(lal'O-pa'TY of ary or 81 o· ("'e 'raebladn"a Guaranty. Tnl wO'd 'O ... ararry" mll"'l! It-e guaranty ''Om CUlra~tor TO leraer, rc \.Ialnll w tl"oul ti-,'~Iion a gua'a'l\V 0' al 0' pa" o· 1'1e ""Ole. Ha.zlrdous Sub.tancH, r'le words ""uardous Suba[a"\C"" -ean malenal, t'v[, bocausl o· Ihr oua,tl!v. CO"Clnl'aIO"l or phv,'cII. ct-e,-icIII or h'ec\[ous ct-s'ec[e'I&lics, may cau.e or po,e a prese!'1 0" ootarllsl hala"d to "umlln "Ia't" 0" 1M! erv ro-vne,1 whIr ,mprooe,..,. us.ed, Irealed, ItO'ed, d lposea ot. gl'l8rallla, mll1to!lclu'cd, ['n,oo"[e-d'o' ot."rw·,e I"II"Id ed, 'Ill wo"1:l. "Hall'dclJlI $UD~'arC8l" 118 used ,I' t.,eir vary Droadlar Wonsl ara irc 1.1(11 wlttout inI'la[ 0' a,y a"ld III \au"doI.ls or 10x'c luIlltl"\CeS. melena', 01 Wlstl 811 aetlned tly or rs[ed ",-.de' t·e E'viro--e"'llalla ....... -he [8'-"Haze'aoua SuI:)sLa-ce," s 10 '.,o1"dea. "",It'out ,m'tat,o"'l. oet'oIlum ard pe['o'e,,", Dy·oroducli or any hactior rhe'eo' a,d asbe.tol, 1mprowmenl.. he word 'I-p'overnln,," mll's .1 ex'$Ing ara hltu'e irorcvl-e'UI, bU'lahg8, 81"lJClu'es. -oDi'e ho-es affixed 0' t'18 RIel "'ooerty. fac:1 (es, ada 1101"1 'eol&cem8nts e'ld Ott'I' COI"'lIr"'CI 0-o~ It'e ~,' PrOpellV, Indeb1edneSl, r'ol wO'd "Irdlbledf'l8u' -ca~. Ih l,deblldrue 8vlderced by Ihe N018, hcllJdinIJ al P'"'nciplllra hrvrest, logllt-e' w II" a O('lcr rdabtedneas 1"Id COStS erd exoerSII 10' w'Uch G'l"'ItO" " '81ooralble urde' ,'III Ag,eement or uraer ary of It-e Reilled Docu""l ·Ia. , aaa lion, tt'e wo'a ' ndebled,eSl' rc lOde. IP o\"e' obl;gatiorl, aetlts end 'ab'lit:e •• Pi"" ''''8'es, t~roor, 0' Gramor, o· a' ... orl O' -oro 0' them. 10 Le"'lder, as we 1 lIS II CIII-5 t>v Le-aer Igalnlll G'e'l1o', or orv ore o· -0'15 0' t"em. w"'ett-I-IX 11,"'1 now or 'oter: wl"e[·I· tt'IY III voh.IrI8'y 0' :nvOlu~'"V. dl.ll:l 0' no[ aue, al'OCI o· ha,rect. abr.o ute or COnt rgert. 'Cjuid8led or u-.l qu;dsted; w"elhe' Orer-rar may be leble I,divldue Iv D' 10',,\''1' wi,., O["e'.' w"lett'e' Cirartol -ay De ob Ig810d as gl.la'e~to', ,U"'\V, acco-modat'on po'ry 0' 01'18rwis8' ..... hllne· 'ecove-v UOO"l s"ct-i,detltedness -a., tie or I"e'eeltl" may become be'''Od b., arv etllute 0' I..., lallors; ard w"alt-I' .uch ;"aatlled~aSl ",av tie 0" t'a'ealla' may becoTe Ot-,rw'" ure"l'o·ceeble .. Lender. -ne word t.erde,· meare Dugel 50""d Bark. itl successor. e,a IS'·gr., Note, r"l word 'Note ~'I" tt-l o'omissory I"Ole datea ..II.> 'f 12 2006. In lhe origlnal principel amount of $1,015,000.00 j'om Bor'oNe' [0 Lerde', !oglner with al 'enawa's 0', ""te"'l'OM. 0', ~odl'cltons 0', re'i'lrc ro' or, corIO laat 0"'11 01. a .... d slJb$luutlors "Or tne p'omi8l0,), rote or ag18I-I"I1, 't'e malwhy dete 01 ,'li, Dead o· 'rloll s Jlruary t. 2007, NOTICE TO ORANTOR: rHE NOTE; CONTAINS A VARIABLE INTEREST RATE, PanonsJ Property, r .... words 'Deraonal D,Ope'tV" -I." 81 eou·ome,L. lixlurll. e,d olher 8'1Cles of oe'lo"'l11 property row or te'eafle' owned DV O'lnto'. 8-<1 row 0' ,eroshe' eltaChla or 1111 xed 10 tt'l Rea' Ptope't'f: logat"" with II eccenlorl. pa'1" erd Iddil'onl to. iI' 'loLece"I~ls 01, a,d sl ."b.Iotut 0"'19 'or, ary 01 such oropenv; IIrd loge["'e. wit" al IUloIII I-.d p'a'" ["ereor a-a oroceeds Ih.,t"drg Wl""o1)l.>t I'-ilollor ell hswllrce o-occedl Ird 'e'urd' o· orem'U'I"Ia) f'om IRy 8811 0' oll"e' d,SpOllllor 01 t"l Prooeny. Property, -he ..... old 'P'ooelty' means col'8ct ve y ''''e l:Iee' Prooert., a~d It'e PlrSO"'lI' Prcoert f, Real Property, Tt-l wO'dS 1:11511' Prooelly mta, II-e 'Ie p'ope't'{. rra"8II' 1,(1 "g'l'S. as funt'e' descnt:led'r ," ~ Dead 0' '''tJ$I, Raleted Dooumenur, -toe wo'dS l:Iela[ed Documents mea, all O'orrlS$o~ norel. c'ed t agraamer[s, 10,n eg"80 .... I .. ts, el'Vlro-vnanla' eg·88-I-I.II, gUllrart as. secoJI"ihl ag'eere~tI, -o<tgages. doed. 0' HUSI •• eewiry dead. co lateral -O'1l1agOl, IIrd ell ottle' retru"'l8~ts, ag'eame'lls Ira docl.>merts ...... tec">er row 0' t-I'el"e' ex slhg, executed I" covect"o, w tt-Ihe l"ldetltedress, Rent., 'he wo'd 'qer[r.' meers all Dlesent lind 'U1U'1! "8"1te. 'eve"'l",es. rcome. Issues ,oya beS. orol15. 'I'd 01'" tllnelll$ dl':ved "om [ ... e Drope'ry, Trualee, rl"e word' r-o..lScee' -88m Dec'lc f1font-wc51 TUI Compery, who$8 maiirg eddreu 1"3920 SE Eastgete Way. Suite 210. Bel eVIJI, WA 9B005 and ary aub.ftuTt or s<.!Ccenor \'uSleas. First American Title '. , I · . First American Title DEED OF TRUST (Corltinued) 2005071401)21;~1;.·:··:· Page 9 EACH ORANTOR ACKNOWLEDGES HAVING R!;AO ALL THE PROVISIONS OF THIS DECO Of TRUST. AND EACH GRANTOR AGREES TO ITS TERMS. GRANTOR: STATE OF COUNTY OF K I AJ Cr BRUCE C. NALDER STATE OF WASHINGTON NOTARY .0.. PUBLIC M"COWISSlONf'(fl"llS()1 10-0" INDIVIDUAL ACKNDWLEDGMENT ,ss , 0 .. t"lia day belera "'8, I'le u"ldI"1l g.,.a "kIlaty I>ubijc. peroo",,'1y appea-ed CHARLES r HANDLEY and 8RENDA L HANDLEY. persora Iy knowr to me or proved 10 me on L~I basis 0' sall,lactorv Iv'dlllee 10 De It-e i.,a vidua" diSC' bed hand wr-o eXICute<! the Deea of f·ust. and ~c:krow eaged t!"a\ t"IOy s;glad ''18 Dead 0' r"", a. th'r tree anCl vo!urte"Y ael and cIoeCl, lor I'll! UGsa a'ld pu'OO'" 1I"",'r mamiored. }-,., -rl os-at"n under my haod.nd officlal .. al this. ~>-=--day of ~A.. y , 20 :!l~""""~~~"""'=~U,",,-~'" Raiding a/ ~-f:.tv, My oomml"lon .. pI~. I "to ~ REQUEST FOR FULL RECONVEYANCE To, rta u,der6lgned os the Iogol OWOO' ond t-oldor 01 B I "debted-, .. HCllfea by II" 6 Deed 0' hl$t. You are he"8l:1y requested, upon Dayme,l o· ell sums owlng'o YOU 10 mcorvey w II"0ut warranty. ro tl"a pe"So,s enhlled t"lereto, me rlgl"t. 1'1 e and inlll18Bl now held by you urdar t"WI Deed o· T·UST. Deft: Beneliciery: ________ _ First American Title By,----- Ita: , j , . , First American Title 5. Exception_04a_20090327001077 RETURN ADDRESS: Pug,t Sound BlInk 10500 NE 8th Stroot. Suit,1800 Bllllevull. WA 98004 20090327001077.:: MODIFICATION OF DEED OF TRUST Reference # {if applicable}: 20060714002586 Grantor(s): 1. CBS Handley, LLC Grantee(s) 1. Puget Sound Bank Legal Description: Ptn. NW 1/4 SE 1/4, S , 5, T 23. R 5 Assessor's Tax Parcel 10#: 152305.9067-02 Additional on page _ PACIFIC NORTHWEST TiTLE S CJ 1tfof-P Additional on page 2 THIS MODIFICATION OF DEED OF TRUST dated March 19, 2009. is made and executed between CBS Handlev. LLC. A Washington limited liability Company, whose address Is 19503 Sf 138TH Pl, RENTON, WA 98059 (MGrantor'" and Pugot Sound Bank. whose address Is 10500 NE 8th Street, Suite 1800. Bellevue, WA 98004 ("lende,"). First American Title '. First American Title MODIFICATION OF DEED OF TRUST (Continued) 2oo903270010n_,;·-,_ P.I!Ige 2 DEED OF TRUST. lender and Granior have entered lnlo a Deed of TII,I'I dllted July 12. 2005 Cthe "Dead 01 TruSI") which has been recorded in King County, Stall of Weshlngton, as follow.: RECORDED ON JUlV 14, 2005, UNDER AUDITOR'S FILE NO. 20050714002586. IN KING COUNTY, STATE Of WASHINGTON. REAL PROPERTY DESCRIPTION. The Deed of Trusl covers the following described real property IDeated in Kin9 County. Stille ot Waahington: The West h81f 01 Ihe Northeast Quen., of the Northwest Quarter of the Souttle ... t Ouarter 01 Section 15. Township 23 Nonh. Renge 5 Ent. W.M •• in King County, Wuhln9lon: less the North 170 lIlt of the Ellst '70 feet; And lass that portion deeded to King County under reco/dlng no. 20030905000417. {ALSO known II portion 01 legal LDt StalUS ~o: l03M00261, The Real Property or its addle .. is commonly. know~ -ai . 14425 136th Strut SE, Renton. WA. The Rpl Property le,,- identtllcation numbar Is 152305·9067·02. '.'. ".' .:. " . t., . '.' : MODIFICATION. Lef"lder and Grantor hereby modify the Died 01 Trust es follows: Modify the nltlng of the Deed of Tiust from Cherles T. Hendl.y end Brende L. Hendlay to: CBS HANDLEY. LtC. A WASHINGTON tlMITED l1ABILITY COMAPNY. Modify the Perc.1 Ta,,-No. to 162305·9067·02. Modify Release of CoUet.rel Provision In D.,.d of Trust to: Tna Bank ..... ill requl,e adequate consideration for the faleosa of collalerel. The conslderetlon ,hell be defined II one.hundred percent {100%1 of all net pr~ •. eds from s~l~ of lot[sl or indivIdual propartill. Interest Rate. This I. e v.,lable ratt loan but under no clrcumstanc" will the Int.rest rate on thl Note beltss then 5.7110% per annum or more thin tha mu;mum r8le ellowed by appUcabla lew. M8Iuri!y Data. The matwitv date of this Deed of Tru$ll. e"-ttnded to Octob" 111, 2009. CONTINUING VALIDITY. E,,-c.pt II e,,-preuly modified ebQve, the terms of the original Deed of Tru$t $hel1 ,emein unchanged and in luU force end effoct. Consent by Lender to Ihi. Modification does not weive Lender" ri'ilhl to require sttict pellormence of tho Doed 01 Tru$t as changed abovo nor obligato Lendar to make eny future modifications. Nothing In this Modification shall constitute a satlslactlon of the promissory note Dr other credit agreement sacurl!d by the Deed 01 Trust hho "Nott"). It is the intention of Lender to retain as Il:IIble all partie' to the Deed 01 Trust and an parties. mekere and endorselll to tha Note, Including accommodation parties, unlese a party is I!!,,-pressly releosad by lender In writing. A.ny maker or endorser. including accommodation makenl, ,hall no! be releasad by vinu. of this Modifj~tion. If any perlon whO ,igned Iha original Deed of Trust does not elgn this Modification. then all persons signing below acknowledge that this Modilication II given conditlonslly, based on tho representation to Lender that tha non-signing parson conlln,-to the changes .nd provisiol"ls of this Modification or othorwise will not be released by it. This waiver applias I\Ot only to any Initial extonsion or modUicalion. but also to all such sub.equent actions. GRANTOR ACKNOWlEDGES HAVING READ ALL THE PROVISIONS OF THIS MODIFICATION OF DEED OF TRUST AND GRANTOR AGREES TO ITS TERMS. THIS MODIFICATION OF DEED OF TRUST IS DATED MARCH 19. 2009. GRANTOR: CBS HANDLEY. LLC BY",.J~~~~~~~~~~~~~~~~" Brend . HlI1dlsV, Managing Membtl of CBS dley. LlC LENDER: First American Title " First American Title MODIFICATION OF DEED OF TRUST (Contlnuedl LIMITED LIABILITY COMPANY ACKNOWLEDGMENT STATE OF _-llllll..:aJ4LJ';}"JLl""-__ _ ISS COUNTVOF ___ -f~~T-__________ _ Page 3 Mfll".,m' •• '" expire. 1· /0·12.. STAT< OF 'I '4.1~ U,~W- COUNTY OF ~ ISS l On this 1){j:!::: -day of M~ . , 20 O~ . before me, the undersigned Notary Public, pe~onllity appeered Brenda L. Handlev. MIIRllll1n9 Membw of CBS~y. LLC, and personally known to me or proved to me on the balrs of satisfactory evidence to be a member or designated agent of the limited liabllity compallY that executed Iha Modll/clltion of Deod of Trust end acknowledged the ModifiCation to be the froe and voluntary Ict and deed of the limited liabilltv 1 of statutI. liS articles of organiZation or Its operating agreement, for the US" lind he or .he is authorized to this Modification and In fact COmpany. By 4t-dw My commb.\on upl,.. 1.lo.#,/2J STATEOF~ COUNTY OF ~Il • lSS l On this ~ (fay of ~ , 20 QL, belora me, the undarslgned Notary Public, personally appeared David Stegmeler and per'onally known to ma or proved to ma on the buls 01 sellslaclory evldance to be the VIce p, .. [dant. authorized agant for PUVet Soond Bank thlt executed the within end foregoing Inltrument and aCknowledged' Hid Instrument to be the free end voluntary ect and dead of Puglt Sound Bank, duly euthoriUd by Puget Sound Bank through Its bOllrd of director, or otherwise, for thl u.al and purpoRe. therein ment'oned, Ind on oath Ittlted that ha or she Is authorized to axecute tl'lis .eld In.trument and In faci executed thl, .ai 'natrument on behalf of Pugat SOYnd Blink. By -~ Notarv PubUo in end fo, the Shit. of Wit ResfdlnllBt ~,uJA My commlsalon exp!fQU -'-'1-l<.l II LASER PRO Lending, Vtlr. 5.43.00.003 Copr. Herlend Financial SOiutlon$, Inc. 1997, 2009. All Rlghts Reserved. _ WA H:ICFI\LPLIG202.FC TR-871 PR-4 First American Title --------l · , First American Title 6. Exception 05 20060621000484 (; .'.; After Filing Return To: Steven W. Andreasen Davis Wright Tremaine LLP 150 I Fourth Avenue, Suite 2600 Seattle, WA 98101 E2215772 88/Z1/Z808 10:80 KING COUNTY, ~A 20060621000484.;; TAX $10.00 SA~E $0.00 PAGE001 OF 001 Grantors: STATUTORY WARRANTY DEED (Renton Property) I. Handley, Chades T. 2. Handley, Brenda L. Grantee(s): I. CBS Handley, LLC, a Washington limited liability company Abbreviated Legal Description (lot, block and plat name, or section-township-range): THE WEST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, LESS THE NORTH 170 FEET OF THE EAST 170 FEET THEREOF. Assessor's Property Tax Parcel Account Number(s): 152305-9067-02 Reference Numbers of Documents Assigned or Released (if applicable): N/A First American Title I First American Title STATUTORY WARRANTY DEED (Renton Property) 20060621000484.':"-' . THE GRANTORS, CHARLES T. HANDLEY and BRENDA L. HANDLEY, husband and wife, without consideration and as a capital contribution, convey and warrant to CBS HANDLEY, LLC, a Washington limited liability company, the real property located in King County, Washington described on Exhibit A, which is attached hereto, and incorporated herein by this reference, subject to all encumbrances, restrictions, and reservations of record on the date of this Statutory Warranty Deed. Dated this d day of ..1i J n e, ,200b aw~ ~cQk f rl4r;. ~ikJ1(ll;y STATE OF WASHINGTON ' ) ) ss. COUNTY OF KING ) On this .J.J:.. day of ...JUnR.£ , 20~, before me, a Notary Public in and for the State of Washington, personally appeared CHARLES T. HANDLEY, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument and acknOWledged it to be his free and voluntary act and deed for the uses and purposes me~tioned in ,the instrument. IN WITNESS WHEREOF, [have hereunto set my hand and official seal the day and year first above written. NOTARY pUBLIC STATE OF WASHINGTON EILEENG~-= My AppaI!dllleld ...-~1 .. 1 ....... SEA 1652082vl 57499-1 Seattle/S.27.05 First American Title NOTARY PUBLIC in and for the State of Washington, residing at tf!11/~ I tJh-- My appointment expires J!Y~ Print Name ~"It,.....!!!i. ()~bd~ First American Title " STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this --.l!:l.... day of June , 200/;, before me, a Notary Public in and for the State of Washington, personally appeared BRENDA L. HANDLEY, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instnunent and acknowledged it to be her free and voluntary act and deed for the uses and purposes mentioned in the instnunent. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC STATE OF WASHINGTON EILEEN Q U!!~ELACICIIR My Appotntn\9llll!llDlllll 11 to2I2OOt SEA 1652082vl 57499·1 Scattle/S.27.0S NOTARY PUBLIC in and for the State of Washington, residing at ~ My appointment ex~ires J :?" Print Name eltu-6, d First American Title First American Title EXHIBIT A Legal Description (Renton Property) 20060621000484.:: THE WEST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION IS, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, LESS THE NORTH 170 FEET OF THE EAST 170 FEET THEREOF. SEA 1652082..,1 57499·1 Seattle/S.27.05 First American Title First American Title 7, Exce tion 09 241250 '~ .... -~ ..... "'-""P ~ •• , .............. '~1" ...... . F P Uq :':G!"er.y p:, b s.:r. ,c unt.o s P Jnd to ::'13." FLl"l(i a t-('e 1..!.p.: d( .. a: :.':', ::;1t ir. !~ Co, '1" to.-(' .' V . l~l)t 21~~lJc 11;i115 ,1n6, RAndall C~nal id1t:..')n as G.:;!3C C,-;7" now 6n file on" Rec in 12;e c,ff of tlle Aud ')1' r. co, ~ 1'08 ~ri til the apps, to it .:md t" :h the 5d p~-e"S'is, with th8 ar-_ .... .3~ .~:.o s p and to leis r.. and a 1'. Covs: G w 2 ',V its J"s L Sharp ldeal) Er:uHa Sha rp ("iea 1 ) S of'll Co of l':,,·;s. ' 1!arcn 11, 1902 by ,r r., g and F. >; his ',':f ber Harrl",Car:;cn JUstice of the Pc;ace in and for Duwamish Precinct Y Co , tJ:3 ;; of '" ===== ... ~= ,=================== ========~============= 241249 l:)a ed ." iled sep 10, 1902 4: 7pm Da ted Aug 21, 1902 COn ",100 .\"1 FIamr!iond Wr1Rht an d FrDnces R Wrif,l1t his '.':f ,'1'0 AB~es Creamer of Ge~rgetown '!In ?' p ao ~erehy (1; b S c 0 C ll..';,tn s sit in K Co, lII. to-';:'ft:' V- I,ot!': 3·1 and 35 of lilk aced" to the ree p1{;t thereof on Tog wi tl1 tbeapps, to h and to h and to hsr h 'and a f. 2oy~ts Wsr: thriiugh or und f p p ~ to her hand ,1 tho flr, desc l<md 11 of ;3pragues Addn to f11e in the Aud off of t.he sd prams. wi th the [ WBaJ:1l1l0nd Wright ]4;rances ~ Wrig!l t 1 ). • tbe C at .:i, ne c,d I, Co, ft, apps. 'mto s·p (Seal' {:jt't.~::..) S of VI ',,0 of-K)ss. 4u" 30, 1902 by VI Fi iV and)1 R or bef G "I Upper N P in !ind for':t!:i~ ~ 0 f \'r, r;·j~: D t S. At t W" :!.tb sc~ 1. =::::.==:-:=: =::::. =::==.: == .:~== :-:.======== Deed l"lled sep •. lO, 1902 4:45p'J Dated June 5, 1902 Con $::>148 •. ':0 HOl'them Pacific Bailway CO &e Vol 1Af ~ D (fonh 5 compare w~H'6 ( 50 cts st~ attch. . (.'!.s fo=.):-'I !j;o Diedrich Dierssen of See!" .. -k-·'--· ~~;./U: !,_i··:, .. .r.'; . .; ... ,.;t::1' "f")R . men to in ~e co of' "ecr.::r.;$ntt vl' ' ~ l .' \j <.I' alld SJf Calif, /./ .... , /j-fl Aliy~f ~ec 13 j/-:118 S, 112~.()f >;ec 15-,: the 11 112, ~,f li r: 1/4 1 and the" E 1/4 of ;N:W 1/,. of sec 23 in TP :'.YN of R, 5,E" of the W Ie I· c. ~ to:::,the U ;3 Ciovsur'le" 1080 acres-·,·--1898 ' :] on I.l \~Ccu.g '" C ~. l,,) 2 \vits .. , (corp se'll) N'Qrtherh' Pacific Railll'3Y c:llpau:: 'By C\S lJellen. Presiden t. • . / i~/I kttl'lst: R Ii Be:r (. l' . Assistant Secr"t,,,.y, S of',Unnesllta Co of RS1,':S ey) ~ s. ol:ulY 22, 1902 0,' C S 101 P Remsey C,). lI1nnasota A tt 'vi th M Prer, of sd cor? he~ E A ?ahian First American Title =======""""""",.," ~,,/" ,i' t' / First American Title • • . ..... t:QRt1IU.a -PACIFlC RAn.lIAY COKPAIIY ~ .' ... , Re~r.rvlnl .Ind excepting frca laid deaerfbed ,rel'lliJe •• 0 1ZIJC~ and such parts there .. : I. 1M, J) be Mineral l.nd. or contain ~:'.1. or iron and lIse-ch", use and the !'lghc' and title to the '[ usc of .uch surf.ee !t'o\:M .1 may !;e nec",,,ary for !Dining operation. and the right of '\! ICCIC. to such relet".d .. nd .excepted mine:ral lands including 13nds con:a 1n1 na ceal and. ~ iron for the pu·~os. of ttlc;:olorlng, Gew!.opfng .nd "ork!na ~e .ame •. 1.. .' ,f First American Title " ~~-------------------------------------------- First American Title 8. Legal Description_01_20030905000417 • Itttlllllllllill KING COUNTY ~5000417 Reference No Grantor . Grantee Legal Des Tax ID# PAGE III OF liZ e,II eK9I /es/zee3 Ie 18 NG COUNTY, UA E1985954 89I0D12803 to ta Kt~~ COUNTY, ~ ee S~E se,ee Charles T 1iI!!t<!l\'Y an.d.Brenda L Handley Kmg County -. ---- 152305-9067 WARRANTY DEJ!,V PAGE eel OF 002 The Grantors herem, Charles T. Bandley and Brenda L Bandley. husband and wIfe for Ihe consulerabon of_One ($100) Dollar and no o!her consldera!!on conveys and warrants to KING COUNTY, a pohllcal subchVlSlon of !he State of Waslungton, all mterest In !he fullowmg descnbed real estate The North ThIrty Feet and the East ThIrty Feet of the West Half of the Northeast Quarter of the Northwest Quarter of the Southeast Quarter, SectIon 15. TownshIp 23. North, Range OS, East, W M , Srtuate In the County of KIng, state of Washington Togelher WlIh !he nght to make all necessary slopes for cuts and fills upon !he abuumg property on each SIde of any road winch IS now, or may be constructed hereafter on S31d property, m confornuty WlIh standard plans and speclficabons for Ingbway purposes, aod to Ihe S31DC extent aod purposes as Iflhe ngIns herem granted had heen acquued by c:ondemnahon proceedings under Enunenl Donuun Slalutes of !he State of Waslungton SItuated m !he COunty ofKmg, State ofWaslnngton DATED tins 7~ day of ~ ,A D 2003 cR., OOL,\f: I.L QQty +d .. e(AAelfg--. First American Title First American Title INDWIDUAL STATE OF WASHINGTON ) ) SS COUNfY OF KING ) On tbJSdaYmMQi~Offiin£~~S T tkm1~ ami 2 First American Title ------------~-- -----~~--------------------------------- First American Title 9. Indemnity Agreement I (Mechanics Lien) * *WARNING* * PLEASE READ THE FOLLOWING PRIOR TO CREATING THIS INDEMNITY AGREEMENT. • You MUST obtain a signature from an Advisory Title Officer or Underwriter (as applicable in your state and/or county), on the bottom of this page, indicating their approval as to the form and content of the Indemnity Agreement PRIOR to delivery of the document to the Indemnitor for execution ; AND • You MUST indicate, on the bottom of this page, if the basic provisions of the Indemnity Agreement form have been modified from its standard form. NOTE: If the Indemnitor requests or makes any modifications to the approved Indemnity Agreement, those modifications must be specifically approved by a State Underwriter. ************************************************************************************* Prepared by: __________ ....: (print name) Standard Form: [ ] Yes [ ] No If No is checked, indicate the Paragraph Number(s) that contain the modified information: THIS INDEMNITY AGREEMENT FORM HAS BEEN APPROVED FOR .. DELIVERY TO THE INDEMNITOR THIS First American Title ___ DAY OF _______ --', 20, __ BY: ___ -:---:---:----:--=-:-____ _ Authorized Signatory (print name) First American Title RETAIN THIS SIGNED COPY OF THIS PAGE IN YOUR FILE. THIS DOCUMENT IS FOR INTERNAL USE ONLY --DO NOT SEND WITH INDEMNITY AGREEMENT First American Title .' First American Title Accepting Office: First American Title Insurance Company Address: 818 Stewart St, Ste 800, Seattle, WA 98101 Filing Reference: INDEMNITY AGREEMENT I (Mechanics' Liens) THIS INDEMNITY AGREEMENT (this "Agreement") is made and entered into this Tenth day of January, 2014, by CBS Handley, LLC, (individually and collectively,' the "Indemnitor"), in favor of First American Title Insurance Company, a california corporation and its agents and employees (collectively "First American Title Insurance Company"), A. Indemnitor is the owner of, and/or has, either directly or indirectly, an interest in, the Property or in a transaction involving the Property. B, Construction of certain improvements has or will commence on the Property. C. In connection with a contemplated transaction involving the Property, First American Title Insurance Company has been requested to issue one or more Title Policies in respect to the Property insuring against loss by reason of Mechanics' Liens. D, In connection with future transactions, First American Title Insurance Company may issue one or more Title Policies insuring against Mechanics' Liens and if First American Title Insurance Company, at its sale discretion, elects to so issue a Title Policy for the Property, it will do so in material reliance on each of the covenants, agreements, representations and warranties of Indemnitor set forth in this Agreement. NOW, THEREFORE, the parties hereto agree as follows: A{i!n~MUH: 1. DEFINmDNS: As used herein, the following terms shall have the following meanings: TERM: Construction: Construction Costs: Effective Date: Mechanics' Liens Policy Date: Property: State: Title Policy(ies): DEFINITION: Any and all work, construction and/or placement or segregation of materials which may give rise to the right for liens to be filed against the Property under the applicable statutes and/or equitable laws of the State. All costs, fees, expenses and/or obligations for labor, materials and/or selVices for or in connection with, the Construction, The date this Agreement becomes effective in accordance with Paragraph 3 below. All liens or rights to lien existing against the Property or which subsequently attach or are claimed against the Property due to Construction, The date of issuance of a Title Policy for the Property, That certain real property as described on exhibit A attached hereto and incorporated herein by reference. The state in which the Property is located. Policy or policies of title insurance issued by First American Title Insurance Company with respect to the Property insuring against loss or damage due to Mechanics' Liens, 2. REPRESENTATIONS. WARRANTIES AND COVENANTS. As of the Effective Date, Indemnitor shall be deemed to represent, warrant and covenant to First American Title Insurance Company as to the Property that (a) all sums due and owing for Construction on the Property have been paid or will be paid promptly and in full before the respective times for filing Mechanics' Liens affecting the Property; (b) Indemnitor has funds sufficient to pay all Construction Costs applicable to the Property; and (c) there are no Mechanics' Liens or potential October 2001 First American Title Page lorB @ 2001 First American Title Insurance Company All Rights ReseIVed l ;------------------------------ First American Title Mechanics' Liens against the Property except as previously specified by Indemnitor in writing to First American Title Insurance Company. All representations, warranties and covenants contained herein are material to First American TItle Insurance Company decision to issue a TItle Policy for the Property. 3. EFFECTIVE DATE. Delivery of this Agreement by Indemnitor to Rrst American Title Insurance Company shall !!l!!; be deemed acceptance of this Agreement by Rrst American TItle Insurance Company or a commitment to issue a TItle Policy for the Property. First American TItle Insurance Company has no duty to Indemnitor to accept this Agreement or, in the future, to agree to issue a Title Policy for the Property. Upon acceptance of this Agreement by First American TItle Insurance Company as evidenced by the issuance of a TItle Policy, this Agreement shall remain in effect as long as Rrst American TItle Insurance Company has any possible liability under any Title Policy issued at any time in reliance on this Agreement. First American TItle Insurance Company may rely on this Agreement to issue TItle Policy at any time without notice to or further consent by Indemnitor. 4. MULnPLE INDEMNITORS. 4.1 Joint and Several. If there is more than one Indemnitor under this Agreement, all of the obligations contained in this Agreement shall be the joint and several obligations of each and every Indemnitor. Each Indemnitor shall be fully liable to First American TItle Insurance Company even if another Indemnitor is not liable for any reason, including the failure of such Indemnitor to execute this Agreement. 4.2 Waiver and Release. First American TItle Insurance Company has the right, in its sole and absolute discretion and without notice to or consent by Indemnitor, to (a) waive any provision of this Agreement as it relates to any Indemnitor, at any time or from time to time, without providing the same or similar waiver for the benefit of any other Indemnitor, andlor (b) release any Indemnitor from any or all obligations under this Agreement at any time or from time to time, without releasing any other Indemnitor. 5. INDEMNIFICAnON OBLIGAnONS. 5.1. Payment of Construction Costs. Indemnitor covenants and agrees that all Construction Costs on the Property shall be paid promptly and in full before the respective times for filing Mechanics' Liens affecting the Property. 5.2. Indemnitv. In addition to any other rights or remedies available to First American TItle Insurance Company, at law or in equity, Indemnitor agrees to pay, protect, defend, indemnify, hold and save harmless First American TItle Insurance Company from and against any and all liabilities, claims of liability, obligations, losses, costs, charges, expenses, causes of action, suits, demands, judgments and damages of any kind or character whatsoever, including, but not limited to, reasonable attorneys' fees and costs (including appellate fees and costs) incurred or sustained by Rrst American TItle Insurance Company, and actual attorneys' fees awarded against First American TItle Insurance Company, directly or indirectly, by reason of, or arising under any TItle Policy relating to Mechanics' Liens, or in any other action at law or in equity under any theory of recovery as a result of the existence of Mechanics' Liens. 5.3. Dutv to Notify First American Title Insurance Company. In the event that (a) Indemnitor is in any manner notified of a claim which could affect the interests of First American Title Insurance Company under a TItle Policy relating to Mechanics' Liens, or (b) any action is filed at law or in equity or any judicial or non-judiCial proceeding (including arbitration) is commenced against the Property relating to MechaniCS' Liens, Indemnitor agrees to promptly notify First American Title Insurance Company in writing of such claim, action or proceeding as soon as possible of Indemnitor's acquisition of knowledge thereof but, in no event, later than seven (7) days from receipt of said knowledge. 5.4. Rights and Obllgatjons. Upon the filing of any action at law or in equity or the assertion of any claim, cause of action or judicial or non-judicial proceeding relating to Mechanics' Liens, or at any other time which First American TItle Insurance Company shall, in its opinion, deem it reasonable to protect itself or its insured(s) under a Title Policy, First American Title Insurance Company shall have the right, but not the obligation, (a) to take such action as Rrst American TItle Insurance Company deems reasonable to protect its interest and that of its insured under any TItle Policy, andlor (b) to demand that Indemnitor, at Indemnitor's sole cost and expense, promptly do, one or more of the following: (a) cause a properly executed release of the Mechanics' Lien to be filed of record in the proper governmental office. (b) cause to be recorded with respect to the Mechanics' Lien a bond releasing the Property from the effect of the Mechanics' Lien, should such bond be available and effective in removing the effect of such Mechanics' Lien from the Property as a matter of law. (c) In situations where affirmative legal action or proceedings at law or in equity are necessary to discharge, eliminate, or remove the Mechanics' Lien with respect to the Property, Indemnitor shall cause (1) counsel selected by Rrst American TItle Insurance Company to institute such action or proceeding as is necessary to discharge, eliminate or remove the MechaniCs' Liens as to Page 2 of 8 October 2001 @ 2001 First American TiUe Insurance Company All Rights Reserved First American Title ., I " First American Title the Property; and (2) such counsel to deliver to First American Title Insurance Company a written representation in a form reasonably satisfactory to First American TItle Insurance Company that such counsel (i) has accepted employment as counsel to commence and vigorously prosecute to conclusion such action or procedure, (ii) will promptly undertake any and all steps reasonably necessary to diligently prosecute such action, and (iii) will keep informed as to the status of such action or procedure as reasonably requested by First American TItle Insurance Company, at no cost or expense to First American Title Insurance Company. Indemnitor may object to First American Title Insurance Company choice of counsel for reasonable cause. (d) If an action or proceeding concerning the Mechanics' Lien is instituted by a third party, Indemnitor shall cause (1) such action or proceeding to be timely defended and resisted by counsel selected by First American TItle Insurance Company which counsel will protect First American TItle Insurance Company and any and all insured(s) to whom First American TItle Insurance Company may have possible liability as a result of the issuance of a Title Policy; and (2) such counsel to deliver to First American TItle Insurance Company a written representation, in a form reasonably satisfactory to First American Title Insurance Company to the effect that such counsel (i) has accepted employment as counsel to defend any such action or resist any such proceeding, (ii) will promptly undertake any and all reasonable steps to protect First American Title Insurance Company and its insured(s), and (iii) will keep First American Title Insurance Company informed as to the status of such action or procedure as reasonably requested by First American TItle Insurance Company, at no cost or expense to First American TItle Insurance Company. Indemnitor may object to First American Title Insurance Company choice of counsel for reasonable cause. (e) If the payment of a sum of money will discharge, eliminate or remove the effect of the Mechanics' Lien as to the Property, Indemnitor shall pay such sum as is sufficient to discharge, eliminate or remove the Mechanics' Lien in a manner legally sufficient to effect the release of the Mechanics' Lien of record and shall deliver documents to First American TItle Insurance Company, in a form reasonably satisfactory to First American TItle Insurance Company. (f) Indemnitor shall take such action with respect to the Mechanics' Lien as First American TItle Insurance Company shall, in its discretion, authorize Indemnitor in writing to undertake, provided that any such authority shall not be a waiver by First American Title Insurance Company to require Indemnitor at any time to comply with the foregoing subparagraphs of this Paragraph above, within ten (10) days of First American Title Insurance Company written revocation of authority to take action other than that under any other subparagraphs of this Paragraph, and demand that Indemnitor comply with any other subparagraphs of this Paragraph. 5.5. Interest. Indemnitor agrees that any sums which might be advanced or incurred by First American Title Insurance Company pursuant to this Agreement or by its exercise of any rights hereunder shall be repaid by Indemnitor to First American TItle Insurance Company within ten (10) days of Indemnitor's receipt of First American TItle Insurance Company written demand, together with interest thereon at four percent (4%) above the reference rate as charged by Bank of America as of the date such sum was advanced by First American TItle Insurance Company and continuing until it is repaid in full, but in no event, shall such rate of interest exceed the lesser of: (a) ten percent (10%) per annum, or (b) the maximum rate permitted by law. 5.6. Determination of Coverage. Any determination of coverage by First American TItle Insurance Company shall be conclusive evidence that the matter is within the Title Policy coverage as to the Mechanics' Liens for purposes of this Agreement. If First American Title Insurance Company accepts the defense of a matter within the TItle Policy as to the Mechanics' Liens with a reservation of rights, all costs, damages, expenses and legal fees incurred by First American TItle Insurance Company shall be deemed within the terms and obligations of Indemnitor under this Agreement even if the matter is subsequently determined by a court to not be within the TItle Policy as to the Mechanics' Liens. 6. REMEDIES. Indemnitor specifically acknowledges that upon any default by any Indemnitor under this Agreement after demand by First American TItle Insurance Company, First American TItle Insurance Company shall have the right to exercise any and all remedies available at law, in equity or under this Agreement against any or all of the Indemnitors, including, but not limited to, injunctive relief, specific performance, damages, self-help and/or resort to any collateral held by First American Title Insurance Company to secure the obligations of Indemnitor under this Agreement. Page30fS October 2001 First American Title © 2001 Flrst American TItle Insurance Company All Rights Reserved ---------------------- First American Title 7. SUBROGATION AND SUBORDINATION. Indemnitor hereby unconditionally grants to Rrst American Title Insurance Company any and all rights of subrogation Indemnitor may have with respect to the Mechanics' Liens and agrees to promptly execute any documents with respect to the Mechanics' Liens or any other matter relating to this Agreement request by First American Title Insurance Company with respect to such right of subrogation and to deliver same to First American Title Insurance Company. Indemnitor hereby subordinates any and all debts owed to any Indemnitor from any other Indemnitor to the obligations owed to First American Title Insurance Company under this Agreement. S. FINANCIAL INFORMATION. Each Indemnitor represents and warrants to First American Title Insurance Company as of the date of delivery of the financial statements that the statements delivered to First American Title Insurance Company with respect to that Indemnitor: (a) were prepared in accordance with generally accepted accounting principles ("GAAP") unless otherwise noted therein; (b) are true, complete and correct in all material respects; (c) disclose all material financial information regarding Indemnitor; (d) fairly represent and present the financial condition and operations of Indemnitor; (e) if said statements were not prepared in accordance with GAAP, no GAAP statements and/or audited financial statements exist; and (f) since the date of the financial statements delivered to Rrst American Title Insurance Company, there has been no material adverse change in the financial condition, operations, assets, liabilities, properties or business prospects of Indemnitor. Each Indemnitor agrees to promptly notify (but in no event later than ten (10) days after Indemnitor learns, by any means, of such event) First American Title Insurance Company in writing of any event which would reasonably be anticipated to, or which, in any event, would materially alter or in any material respect change said financial condition, operations, assets, liabilities, properties or business prospects. Upon request by First American Title Insurance Company, each Indemnitor further agrees to deliver to First American Title Insurance Company current financial statements and that by delivery of same, such Indemnitor shall be deemed to make all the same representations and warranties as to the new financial statements as set forth herein above except as otherwise disclosed in writing to First American Title Insurance Company concurrently with the delivery of the financial statements. Each Indemnitor hereby specifically grants to First American Title Insurance Company and its agents, representatives, and professionals, the right, at any time and from time to time, at the sole cost and expense of Indemnitor, to (a) examine the books, accounts, records and property of Indemnitor pertaining to the financial condition of Indemnitor, (b) furnish to First American Title Insurance Company for examination and copying all such books, accounts, records and other pertinent information, and/or (c) provide such further assurances as may be reasonably demanded by First American Title Insurance Company. In the event of more than one Indemnitor, each Indemnitor shall independently comply with this paragraph. 9. WAIVERS AND COVENANTS. In the event that Indemnitor is indemnifying First American Title Insurance Company with respect to a Property which is not directly owned by Indemnitor, Indemnitor understands and agrees that First American Title Insurance Company has no obligation to secure an indemnity from the owner(s) of the Property ("Owner"). Indemnitor agrees that the validity of this Agreement and the obligations of Indemnitor hereunder shall in no way be terminated, affected, limited or impaired by reason of (a) the assertion by First American Title Insurance Company of any rights or remedies which it may have under any other indemnity agreement or against any person or entity obligated thereunder or against the Owner, (b) First American Title Insurance Company failure to exercise, or delay in exerciSing, any such right or remedy or any right or remedy Rrst American Title Insurance Company may have hereunder or in respect to this Agreement, (c) the commencement of a case under the Bankruptcy Code by or against the Owner or any person or entity obligated under the law or any other indemnity agreement, or (d) Indemnitor owning less than the entire interest in the Property. Indemnitor further covenants that this Agreement shall remain and continue in full force and effect as to any Title Policies issued at any time by Rrst American Title Insurance Company with respect to the Property and that First American Title Insurance Company shall not be under a duty to protect, secure, insure, or enforce any rights it may have under any indemnity agreement or any other right against any third party, and that other indulgences or forbearance may be granted under any or all of such documents, all of which may be made, done or suffered without notice to, or further consent of, Indemnitor. Rrst American Title Insurance Company may, at its option, proceed directly and at once, without notice, against any Indemnitor to collect and recover the full amount of the liability hereunder or any portion thereof, without proceeding against the Owner or any other person or entity. Indemnitor hereby waives and relinquishes (a) any right or claim of right to cause a marshalling of any Indemnitor's assets; (b) all rights and remedies accorded by applicable law to indemnitors or guarantors, except any rights of subrogation which Indemnitor may have, provided that the assurances and obligations provided for hereunder shall not be contingent upon the existence of any such rights of subrogation; Page4of8 October 2001 @ 2001 First American nHe Insurance Company All RIghts Reserved First American Title First American Title (c) notice of aooeptance hereof and of any action taken or omitted in reliance hereon; (d) presentment for payment, demand of payment, protest or notice of nonpayment or failure to perform or observe, or other proof, or notice or demand; (e) any defense based upon and election of remedies by First American TItle Insurance Company, including without limitation an election to proceed in a manner which has impaired, eliminated or otherwise destroyed Indemnitor's rights of subrogation and reimbursement, if any, against the Owner or any third party; (f) any defense based upon any statute or rule of law which provides that the obligation of a surety must be neither larger in amount nor in other respects more burdensome than that of the principal; (g) the defense of the statute of limitations in any action hereunder or in any action for the collection or performance of any obligations covered by this Agreement; (h) and any duty on the part of First American TItle Insurance Company to disclose to Indemnitor any facts First American Title Insurance Company may now or hereafter know about the Owner, since Indemnitor acknowledges that Indemnitor is fully responsible for being and keeping informed of the financial condition of the Owner and of all circumstances bearing on the risk of nonperformance of any obligations covered by this Agreement. 10. NOnCE. Any notices, demands or communications under this Agreement between Indemnitor and First American TItle Insurance Company shall be in writing, shall include a reasonable identification of the Property together with First American TItle Insurance Company order number, and may be given either by personal service, by overnight delivery, or by mailing via United Stated mail, certified mail, postage prepaid, return receipt requested, addressed to each party as set forth on the signature page of this Agreement. If the address for First American TItle Insurance Company is not completed on the signature page, notice to First American TItle Insurance Company shall be given to First American Title Insurance Company State office. All notices given in accordance with the requirements in this Paragraph shall be deemed to be received as of the earlier of actual receipt by the addressee thereof or the expiration of ninety-six (96) hours after depositing same in the United States Postal System. 11. MISCELLANEOUS. 11.1. No Waiver. No delay or omission by First American Title Insurance Company in exercising any right· or power under this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by First American TItle Insurance Company of a breach of any of the covenants, agreements, restrictions, obligations or conditions of this Agreement to be performed by the Indemnitor shall not be construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions, obligations or conditions under this Agreement. Furthermore, in order to be effective, any waiver must be in writing executed by First American TItle Insurance Company. 11.2. No Third Party Beneficiaries. This Agreement is only between Indemnitor and First American Title Insurance Company, and is not intended to be, nor shall it be construed as being, for the benefit of any third party. 11.3. Partial Invalidity. In any term, proVision, condition or covenant of this Agreement or the application thereof to any party or circumstance shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 11.4. Modification or Amendment. Any alteration, change, modification or amendment of this Agreement or any documents incorporated herein, in order to become effective, shall be made by written instrument executed by all parties hereto. 11.5. Execution in Counterpart. This Agreement and any modification, amendment or supplement to this Agreement may be executed by Indemnitor in several counterparts, and as so executed, shall constitute one Agreement binding on all Indemnitors, notwithstanding that all Indemnitors are not signatories to the original or the same counterpart. 11.6. Oualification: Authority. Each individual executing this Agreement on behalf of an Indemnitor which is an entity, represents, warrants and covenants to First American TItle Insurance Company that (a) such entity is duly formed and authorized to do business in the State, (b) such person is duly authorized to execute and deliver this Agreement on behalf of such entity in accordance with authority granted under the organizational documents of such entity, and (c) such entity is bound under the terms of this Agreement. 11.7. Merger of Prior Agreements and Understandings. This Agreement and other documents incorporated herein by reference contain the entire understanding and agreement between the parties relating to the obligations of the parties with respect to Mechanics' Uens for future transactions involving the Property and all prior or contemporaneous agreements, understandings, representations and statements, oral or written, shall be of no force or effect. October 2001 First American Title Page 5 of8 @ 2001 First American Tltte Insurance Company . All RIghts Reserved .---------~---------------------- ~ -:--------------------------------------------- .' First American Title 11.S. Other. This Agreement shall be construed according to its fair meaning as if prepared by all parties to this Agreement. This Agreement shall be interpreted in accordance with the laws of the State and Indemnitor hereby agrees to submit to the jurisdiction of any state or federal court of First American Title Insurance Company choosing having competent jurisdiction, and to make no objection to venue therein should any action at law or in equity be necessary to enforce or interpret this Agreement. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party in such action shall be entitled to have and to recover from the other party its reasonable attorneys' fees and other reasonable expenses in connection with such action or proceeding in addition to its recoverable court costs. Titles and captions are for convenience only and shall not constitute a portion of this Agreement. The recitals set forth hereinabove are incorporated into this Agreement. As used in this Agreement, masculine, feminine or neuter gender and the singular or plural number shall be deemed to include the others wherever and . whenever the context so dictates. This Agreement shall inure to the benefit of and bind the personal representatives, successors and assigns of the parties hereto. 12. SECURITY. Indemnitor has or will provide security for this Agreement to First American ntle Insurance Company as follows: [ 1 None at this time Security Agreement* (Non cash) Security Agreement* (cash) Security Agreement (letter of Credit) Letter of Credit Agreement with Sight Draft Form Control Agreement Deed of Trust Mortgage A breach by an obligor, pledgor or debtor under any of the foregoing documents as well as any documents which may be referenced in such documents shall be deemed a breach by Indemnitor under this Agreement. Unless otherwise agreed in writing, any sums held by First American Title Insurance Company as security may be held by First American Title Insurance Company in its general accounts and not deposited into an interest bearing account. Indemnitor understands that as a result of maintaining its accounts with a financial institution and its on-going banking relationship with the specific financial institution, First American Title Insurance Company may receive certain financial benefits such as an array of bank services, accommodations, loans or other business transactions from the financial institution ("collateral benefits"). Indemnitor agrees that any and all such collateral benefits shall belong solely to First American Title Insurance Company and First American ntle Insurance Company shall have no obligation to account to Indemnitor for the value of any such collateral benefits. If the funds are depOSited into a special interest bearing account, all such interest shall be added to and retained in the account as part of the security for First American Title Insurance Company. Any such interest earned shall be attributed for tax purposes to the Indemnitor depositing same. (Note: If security is to be taken, additional forms must be executed. Please be advised that additional documents may be needed to perfect a personal property security interest. Please follow directions on said forms as to additional requirements or consult your local underwriter.) 13. ESTOPPEL. NOTWITHSTANDING ANY POSSIBLE DIFFERENCE IN THE PARITY OF THE PARl1ES HERETO, INDEMNITOR UNDERSTANDS THAT First American Title Insurance Company IS UNDERTAKING A RISK SIGNIFICANTLY GREATER THAN THAT UNDERTAKEN IN THE NORMAL COURSE OF PROVIDING TITLE INSURANCE POLICIES AND RELA TEO SERVICES BY ENTERING INTO THIS AGREEMENT AND ISSUING POLICIES OF TITLE INSURANCE IN RELIANCE ON THIS AGREEMENT, AND, THEREFORE, INDEMNITOR HEREBY DECLARES ITS WILLINGNESS TO ENTER INTO THIS AGREEMENT AND TO INDUCE First American Title Insurance Company TO ACCEPT THIS AGREEMENT, REALIZING THAT INDEMNITOR'S BEST INTEREST, IN THE OPINION OF INDEMNITOR, IS BEING SERVED THEREBY. October 2001 First American Title Page 6 of8 @ 2001 First American Titte Insurance Company All Rights Reserved I I I \ . ) ! j . ,.,' First American Title NOTICE: THIS AGREEMENT CONTAINS PROVISIONS WHICH PERSONALLY OBLIGATE INDEMNITOR. IT IS STRONGLY RECOMMENDED THAT INDEMNITOR CONSULT LEGAL COUNSEL PRIOR TO EXECUTING THIS AGREEMENT. INDEMNITOR.: CBS Handley, LLC Name: Name: SSN: --------------------SSN: _____________ __ ADDRESS FOR NOTICE TO First American Title Insurance Company: (If thIs infonnation Is not completed, please see Paragraph lO.) Notice Address: 818 Stewart St, Ste 800 Seattle, WA 98101 * Requires a UCC Flnandng statement to be executed 21nd filed. I All per:sons/ent//ieg executing this Agreement shall be deemed named pIIrt/es to this Agreement liS If their IIIIme II/SO appeared In the Introductory pal7lgraph on PlIIIe J. October 2001 First American Title Page 7 otB © 2001 First American Tltle Insurance Company All Rights Reserved r-, "-«,1'--,,-, -~-ir-st-A-m-e-ri-ca-n-T-it-Ie--------------------------------------------- EXHIBIT A DESCRIPTION OF PROPERTY Order No. 4291-2194150 (REQUIRED) Legal Description: THE WEST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE 50UTHEAST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN., IN KING COUNTY, WASHINGTON, LESS THE NORTH 170 FEET OF THE EAST 170 FEET THEREOF. AND LESS THAT PORTION DEEDED TO KING COUNTY UNDER RECORDING NO. 20030905000417. (ALSO KNOWN AS A PORTION OF LEGAL STATUS NO. L03M0026). October 2001 First American Title Page 8 ofB © 2001 First American Title Insurance Company All Rights Reserved ~ First American First American T1tItJ InsunlllCfl Company 818 Stewart 51, Ste 800 Seattle, WA 98101 Phn -(206)728-0400 (800)826-7718 Fax - King County Title Team One Fax No. (866) 904-2177 Pat Fu"erton (206) 615-3055 pfullerton@f1rstam.a>m Jennifer Salas (206) 615-3.011 JsalasCl>f1rstam.a>m nna Kotas (206) 615-3012 tkotasIIPflrstam.a>m To: Ke"er Williams Realty Puget Sound 33434 8th AVE S STE 103 File No.: 4291-2211462 Your Ref No.: QPID 12170: Michaud Federal Way, WA 98003 Attn: Allison Holz Re: Property Address: 355 Field PI SE, Renton, WA 98059 Supplemental Report 1 Dated: March 19, 2014 at 8:00 A.M. Commitment/Preliminary Repol't No. 4291-2211462 dated as of February 19, 2014 (including any supplements or amendments thereto) relating to the issuance of an American land TItle Association Form Policy is hereby modified and/or supplemented as follows: TItle is vested in: TIMOTHY P. MICHAUD AS HIS SEPARATE ESTATE Paragraph No(s). 5 has/have been amended to read as follows: 5. It is our understanding that Lora J. Michaud is now deceased. However, we find no evidence of record in King County that said party is in fact deceased or of a probate of the estate of said decedent. Therefore, the company will require the following prior to closing: (A) Proof of death of the decedent, made by.recording of death certificate in the office of the King County Auditor. Pat Fullerton, TItle Officer RECEIVED MAY - 2 2014 Page lof 1 CITY OF RENTON PLANNING DIVISION ,I ; • " -. First American Title 1. (WA) Commitment 3 ,.~ First American Rrst American ntle Insurance Company 818 Stewart St, Sle 800 Seattle, WA 98101 Phn, (206)728,0400 (800)826-7718 Fax - Pat Fullerton (206) 615-3055 pfullertonCflrstam.com ESCROW COMPANY INFORMATION: Escrow Officer/Closer: GAIL RANDALL GRandall@firstam.com First American Title Insurance Company 3905 Martin Way, Ste A, Olympia, WA 98506 Phone: (360)350-6760 -Fax: (866)341-0145 Kln9 County Title Team One Fax No. (866) 904-2177 Jennifer Salas (206) 615-3011 JsalasCflrstam.com Tina Kotas (206) 615-3012 tkotaSCfirstam.com To: Keller Williams Realty PUget Sound 33434 8th AVE S STE 103 File No.: 4291-2211462 Your Ref No.: QPID 12170: Michaud Federal Way, WA 98003 Attn: Allison Holz Re: Property Address: 355 Field PI SE, Renton, WA 98059 Third Report COMMITMENT FOR mLE INSURANCE Issued by FIRST AMERICAN TITLE INSURANCE COMPANY Agreement to Issue Policy We agree to issue a policy to you according to the terms of this Commitment. When we show the policy amount and your name as the proposed insured in Schedule A, this Commitment becomes effective as of the Commitment Date shown In Schedule A. If the Requirements shown in this Commitment have not been met within six months after the Commitment Date, our obligation under this Commitment will end. Also, our obligation under this Commitment will end when the Policy is issued and then our obligation to you will be under the Policy. Our obligation under this Commitment is limited by the following: The Provisions in Schedule A. The Requirements in Schedule B-1. The General Exceptions and Exceptions in Schedule B-I1. The Conditions. This Commitment is not valid without Schedule A and Section I and II of Schedule B. First American TItfe First American Title RECEIVED APR 2 5 20i4 CITY OF RENTON PLANNING DIVISION r I • J' .• First American Title Form No. 1068-2 ALTA Plain Language Commitment Pat Fullerton, Title Officer First American Title first AmerlaJn rifle Commitment No.: 4291·2211462 Page 2 of 11 · 'First American Title Form No, 1068-2 ALTA Plain Language Commibnent SCHEDULE A L Commitment Date: February 19, 2014 at 7:30 A.M, 2. Policy or Policies to be issued: Homeowner's Rate with 10% Combination Discount AMOUNT Commitment No.: 4291 M 2211462 Page 3 of 11 PREMIUM TAX Extended Owner's Policy $ 825,000.00 $ 2,256.00 $ Proposed Insured: The Quadrant Corporation, a Washington corporation, and/or successors or assigns 214.32 Simultaneous Issue Rate with 10% Combination Discount Simultaneous Issue Rate $ To Follow $ To Follow $ To Follow Proposed Insured: To Follow Easement Charges $ 3. (A) The estate or interest in the land described in this Commitment is: Fee simple as to Parcel(s) A, an easement as to Parcel(s) B. (B) ntle to said estate or interest at the date hereof is vested in: 40.00 $ THE HEIRS AT LAW OF LORA J. MICHAUD, DECEASED, AND TIMOTHY P. MICHAUD AS HIS SEPARATE ESTATE 4. The land referred to in this Commitment is described as follows: Real property in the County of King, State of Washington, described as follows: The land referred to in this report is described in Exhibit A attached hereto. First AmeriCiIn Title First American Title 3.80 · . First American Title Form No. 1068-2 ALTA Plain Language Commibnent The following requirements must be met: SCHEDULE B SEcnON I REQUIREMENTS Commitment No.: 4291-2211462 Page 4 of 11 (A) Pay the agreed amounts for the interest in the land and/or the mortgage to be insured. (B) Pay us the premiums, fees and charges for the policy. (C) Documents satisfactory to us creating the interest in the land and/or the mortgage to be insured must be signed, delivered and recorded: (D) You must tell us in writing the name of anyone not referred to in this Commitment who will get an interest in the land or who will make a loan on the land. We niay then make additional requirements or exceptions. (E) Releases(s) or Reconveyance(s) of Item(s): (F) Other: (G) You must give us the following information: PART ONE: 1. Any off record leases, surveys, etc. 2. Statement(s) of Identity, all parties. 3. Other: SCHEDULE B SECTION II GENERALEXCE~ONS A. Taxes or assessments which are not shown as existing liens ,by the records of any taxing authority that levies taxes or assessments on real property or by the public records. B. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. C. Easements, claims of easement or encumbrances which are not shown by the public records. D. Discrepancies, confiicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. E. (A) Unpatented mining claims; (B) Reservations or exceptions in patents or in Acts authorizing the issuance thereof; (C) Water rights, claims or title to water; whether or not the matters excepted under (A), (B) or (C) are shown by the public records; (D) Indian Tribal Codes or Regulations, Indian Treaty or Aboriginal Rights, including easements or equitable servitudes. F. Any lien, or right to a lien, for services, labor or materials or medical assistance heretofore or hereafter furnished, imposed by law and not shown by the public records. G. Any service, installation, connection, maintenance, construction, tap or reimbursement charges/costs for sewer, water, garbage or electricity. H. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof, but prior to the date the proposed insured acquires of record for value the escrow or interest or mortgage(s) thereon covered by this Commitment. First American Titfe First American Title · . First American Title Form No. 1068-2 ALTA Plain Language Commitment PART TWO: SCHEDULE B SEcnONII EXCEPTIONS Commitment No,; 4291-2211462 Page 5 of 11 Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction. The printed exceptions and exclusions from the coverage of the policy or policies are available from the office which issued this Commitment. Copies of the policy forms should be read. 1. Lien of the Real Estate Excise Sales Tax and Surcharge upon any sale of said premises, if unpaid. As of the date herein, the excise tax rate for the City of Renton is at 1.78%. Levy/Area Code: 2142 2. General Taxes for the year 2014. The first half becomes delinquent after April 30th. The second half becomes delinquent after October 31st. Tax Account No.: 152305-9043-01 Amount Billed: Amount Paid: Amount Due: Assessed Land Value: Assessed Improvement Value: Amount Billed: Amount Paid: Amount Due: Assessed Land Value: Assessed Improvement Value: Affects: 1st Half $ 2,313.28 $ 0.00 $ 2,313.28 $ 124,000.00 $ 198,000.00 2nd Half $ 2,313.27 $ 0.00 $ $ ~ Lot 3 2,313.27 124,000.00 198,000.00 3. General Taxes for the year 2014. The first half becomes delinquent after April 30th. The second half becomes delinquent after October 31st. Tax Account No.: 152305-9221-05 Amount Billed: Amount Paid: Amount Due: Assessed Land Value: Assessed Improvement Value: Amount Billed: Amount Paid: Amount Due: Assessed Land Value: Assessed Improvement Value: Affects: First American Title 1st Half $ 890.85 $ 0.00 $ 890.85 $ $ 124,000.00 0.00 2nd Half $ 890.84 $ 0.00 $ 890.84 $ 124,000.00 $ 0.00 Lot 4 first AmericiJn ntle · . First American Title Form No. 1068-2 Commitment No.: 4291-2211462 Page 6 of 11 ALTA Plain Language Commitment 4. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: Grantee/Beneficiary: Trustee: Amount: Recorded: Recording Information: Affects: TImothy P. Michaud and Lora J. Michaud, husband and wife Mortgage Electronic Registration Systems, Inc., "MERS" solely as a nominee for Webster Bank, its successors and assigns Pacific Northwest TItle $235,000.00 March 17, 2003 20030317002176 Lot 3 5. It is our understanding that Lora J. Michaud is now deceased. However, we find no evidence of record in King County that said party is in fact deceased or of a probate of the estate of said decedent. Therefore, the company will require the following prior to closing: (A) A completed signed and acknowledged Lack of Probate Affidavit, the form and substance of which is subject to the approval of this company; (8) A copy of the decedent's last will. If the decedent did not leave a will, this should be so noted on the Lack of Probate Affidavit; (C) A copy of the community property agreement, if such existed. If not, this should be noted on the Lack of Probate Affidavit. (D) Proof of death of the decedent, made by recording of death certificate in the office of the King County Auditor. 6. Questions of survey, right of person(s) in possession, material or labor liens, workmen's compensation liens, any impairment of existing improvements by reason of easements noted herein, and any breach of the restrictions noted herein, disposition of which will be determined by a ALTNACSM Land TItle Survey and an ALTA UEN AFADAVIT .. We require that the ALTNAC5M Survey be submitted prior to closing for determination of insurability. 7. Reservations and exceptions, including the terms and conditions thereof: 8. Reserving: Reserved By: Recording Information: Minerals Northern Pacific Railroad Company 241250 We note no examination has been made regarding the transfer or taxation of the reserved rights. Easement, including terms and Recorded: Recording Information: In Favor Of: For: provisions contained therein: May 29, 1981 8105290905 Puget Sound Energy, Inc., a Washington corporation Electric transmission and/or distribution system 9. Any and all offers of dedication, conditions, restrictions, easements, fence line/boundary discrepancies, notes and/or provisions shown or disclosed by Short Plat or Plat of Revised King County Short Plat No. 880059 recorded under recording number 8302011019. 10. City of Renton, Ordinance No. 4612 , an Ordinance for Sanitary Sewer Service Recorded: 9606210966 11. City of Renton, Ordinance No. 5465 , an Ordinance for Sanitary Sewer Service Recorded: 20091105000541 First AmerlCiJn T7t1e First American Title First American Title Form No. 1068-2 ALTA Plain Language Commitment First American Title First American Title Commitment No.: 4291·2211462 Page 7 of 11 " ' First American Title Form No. 1068·2 AlTA Plain Language Commitment INFORMATIONAL NOTES Commitment No.: 4291·2211462 Page 8 of 11 A. Potential charges, for the King County Sewage Treatment capacity Charge, as authorized under RON 35.58 and King County Code 28.84.050, Said charges could apply for any property that connected to the King County Sewer Service area on or after February 1, 1990. Note: Properties located in Snohomish County may be subject to the King County Sewage Treatment capacity Charges, B. Effective January 1, 1997, and pursuant to amendment of Washington State Statutes relating to standardization of recorded documents, certain format and content requirements must be met (refer to RON 65.04.045). Failure to comply may result in rejection of the document by the recorder or additional fees being charged, subject to the Auditor's discretion. C. Any sketch attached hereto is done so as a courtesy only and is not part of any title commitment or policy. It is furnished solely for the purpose of assisting in locating the premises and First American expressly disclaims any liability which may result from reliance made upon it. D. The description can be abbreviated as suggested below if necessary to meet standardization requirements. The full text of the description must appear in the document(s) to be insured. LOT 3 AND 4, REVISED KING COUNTY SP NO. 880059, REC. 8302011019, KING COUNTY APN: 152305-9043-01 APN: 152305-9221-05 E. The following deeds affecting the property herein described have been recorded within 36 months of the effective date of this commitment: 20111011000466 Property Address: 355 Field PI SE, Renton, WA 98059 NOTE: The forthcoming Mortgagee's Policy will be the ALTA 2006 Policy unless otherwise noted on Schedule A herein. NOTE: We find no judgments or Federal tax liens against the vestee herein, unless otherwise shown as a numbered exception above. NOTE: A FEE WILL BE CHARGED UPON THE CANCELLATION OF THIS COMMITMENT PURSUANT TO WASHINGTON STATE INSURANCE CODE AND THE FILED RATE SCHEDULE OF THIS COMPANY. Rrst American Title First American Title ,.' First American Title Form No. 1068·2 ALTA Plain language Commitment CONDITIONS L DEFINITIONS (a)"Mortgage" means mortgage, deed of trust or other security instrument. Commitment No.: 4291~2211462 Page 9 of 11 (b) "Public Records" means title records that give constructive notice of matters affecting the title according to the state law where the land is located. 2. LATER DEFECTS The Exceptions in Schedule B -Section II may be amended to show any defects, liens or encumbrances that appear for the first time in the public records or are created or attached between the Commitment Date and the date on which all of the Requirements (a) and (c) of Schedule B -Section I are met. We shall have no liability to you because of this amendment. 3. EXISTING DEFECTS If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may amend Schedule B to show them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing. 4. LIMITATION OF OUR LIABILITY Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its Requirements. If we have any liability to you for any loss you incur because of an error in this Commitment, our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to: comply with the Requirements shown in Schedule B -Section I or eliminate with our written consent any Exceptions shown in Schedule B -Section II. We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is subject to the terms of the Policy form to be issued to you. S. CLAIMS MUST BE BASED ON THIS COMMITMENT Any claim, whether or not based on negligence, which you may have against us concerning the title to the land must be based on this commitment and is subject to its terms. cc: Quadrant Corporation cc: Tim Michaud and Lora Michaud first American Title First American Title , " First American Title Fonn No. 106&-2 ALTA PlaIn Language Commitment First American "!il= I First American TItle Pmntcv Infonn8tion w. Are Committed to Sllfeguordlng Customer Infonnation Commitment No.: 4291-2211462 Page 10 of 11 Fltst AmerIcan l1t1e Insura/JC'tl Company 818 Stewart St, Ste 800 Seattle, WA 98101 Ph •• (206)728-0400 (BOO)S26-n1S Fax ~ In order to bette'" $eM! your neefs now and In the Mure, we may ask you to provide us wtth certain information. We understand that you may be concerned about what we win do With 5UCh Informiltion • particularly any personal or flna~1 Information. We agree that you have II right to know how we will utilize the peRCMllnformation you provide to us. 'Therefore, together with our subsidiaries we have adopted this Prtvacy Policy to govern the use and handling of your personal Information. Appllcabhity" This Privacy PolitY governs our use of the information that you provide to us. It does not govern the manner In which we may use InforrnatIon we have obtained from any other source, such lIS Information obtained from II public record or from llnotner person or entity. Rrst American has 11150 adopted broader guidelines that govern our use of personal Information regardless of Its source. Flnt AmerIcan allis these guidelines its Fair Information Values. Types of Infonnatlon DepeocIlng upon which of our serviCes you are utilizing, the types of nonpubllc personal InformatIoo that we may collect 1nWQe: • Informatk>n we receive from you on applications, forms and In other communications to us, whether In wtitlng, In person, by te\ep00ne or any other means; • Information about your ~ with us, our affiliated companies, or other5; and • Information we recetve from a CllOSlJmer reportln!l agency. Use of Information We request Information from you for our CM'n legitimate business purposes and not for the benefit: d any nonaffiliated party. Therefore, we will not release your information to nooafIillBted parties eJ(tept: (1) as necessary for us to provide the product or service you have requested d us; or (2) lIS permitted try law. We may, however, stan! such intormatIon indefinitely, including the period alter which any customer relationship has teased. Such InformatIOn may be used for any Internal purpose, such lIS quality control efforts or customer analysis. We may also provide aD of the types of nonpubllc personal Information listed above to one or more d our IItfillated companies. Sud! IIffi1lated companies Include flnandIIl seMce providers, sud! as title Insurers, PftII)efty and Ci!SWlIty Insurers, lind tl'1Jst and Investment acMSOI'Y companies, or companies Involved In real estate services, such 115 IIppr;l1lsa1 companies, home warranty companies and esaow companies. Furthermore, we may also provide all the Intormlltlon we collect. liS described above, to tornpl!nies that perform marl\etlng services on our behalf, on behalf of our IItfiliated compmles or to other flnaodal institutions with whom we or our affiliated companies hIIve joint mar1<eting agreements. ~Customerl Even If you are no longer our customer, our PrMIcy PolIcy will continue to apply to you. Confidentiality and SecurIty We win use our best efTorts to ensure that no unauthorized pertIes hirve access to any d your Inl'ormatlon. We restrIc.t IICCeSS to nonpublk: persooaIlnformatIon about you to those individuals and entities who need to know that Information to provide products or services to you. We will use our best efforts to train and ~ our employees and agent$ to ensure that your information will be handled responsibly and In ao:on:Iance with this PrIvacv Polity lind Rrst AmerIcan's Fair information Values. We CUrTel'ltly maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your I'IOI'IptAlIk personal infon'natlon. Information ObbllMld Through Our Web Site first AmerIcan FInandaI CofpotatIon Is sensitive to privKY Issues on the Internet. We believe It Is important you know how we treat the InfoonatIon about you we rece/IIe on the Internet. In general, you can visit Rm AmerIcIIn or Its lll'flllates' Web sites on the World WIde Web without telling us who you lire or revealing any Information about yourself. Our Web servers O'JIIect the domain names, not the e-mailllddresses, of visitors. This Information 15 IIggregated to measure the number d visits, averllge time spent on the site, pages viewed lind slmllllr Information. first American uses this Information to measure the use d our site and to develop Ideas to Improve the content d our site. There are times, however, when we may need Information from you, sudl lIS your name and email address. When Information Is needed, we will use our best eI'I'orts to let you know at the time d coIIectlon how we wiD use the personal information. USually, the personallnforrnatlon we collect Is used only by us to respond to your Inquiry, process an order or IIl10w you to ac:cess specific IICCOUnt/profiIe information. If you choose to share any personal Information with us, we wiD only use It In IICOOI'dance with the policies outfIned iIbove. BuslIMSU Relationships FIfst AmerIcan Anandlll CorporatIon's sfte lind Its 1Iff1l1ates' sites may ~In links to other Web sites. While we by to Ilnk only to sites thIIt share our high standards and respect for privacy, we are not responsible for the content or the prIvIIcy practices employed by other sites. ~ .. Some of Arst American's Web sites may make use of "oookle" technology to meaSlJre site actMty lind to C\l5tomtze Informlltlon to your personal tastes. A cookie 15 lin element d data that a Wtil site can send to your browser, which may then store the cookle on your hard drive . .Bcit&Jl.l:I:m uses stored cookies. The goal of this technology Is to better serve you when viSitino our site, SIIVe you time .men you life here and to provide you with a more ~ and productive Web site experience. "', ''''_ ....... :--,.,,---- Fairness We consider conSlJmer expectations about their privKY In 1111 our businesses. We only offer products and services that i!lS5Ure a favorable balanc;e between conSlJmer benefits and consumer """"". . Pubtlc Recofd We bdieYe that an open public record creates significant value for society, enhances consumer chXe and creates CDMUmer opportlJnIty. We actively support 1111 open pub8c record lind emphasize Its importance lind contribution to our economy. Use We believe we should behave responsibly when we use information llbout II COflSUmer In our business. We will obey the laws gcwernlng the c:oIlection, use and dlssemlnation of data. AccuI1lCY We will take reasonIIble steps to help assure the acnmKy d the data we collect, use lind disseminate. Where possible, we will take reasonIIbIe steps to correct inac:aJ1<Ite information. When, 115 with the public record, we cannot correct Inaccurate Information, we will take all rellsonable steps to lIH1st consumers In identifying the 5OUra! d the erroneous data so that the consumer can secure the required corrections. EcfuaItion WlI endeavor to educate the users of our products and services, our employees lind othefs In our industry IIbout the ImportlIra d consumer privacy. We wiD InstTud: our employees on our fair Information VIIlues lind on the responsible collection and use of datil. We wlW encourage others In our Industry to collect and use Information In a responsible manner. 5ecwfty We wID rnaInt:aIn appropriate IiJdlltIes and systemS to protect lIgalnst unauthorized access to and corruption of the data we maintain. Fonn SO-PRIVACY (8/1/09) Page 1 of 1 Privacy Infonnatlon (2001-2010 Arst American Ananclal Corporation) first American Title First American Title . .' First American Title Form No. 1068-2 ALTA Plain Language Commitment ------------------------------------ Commitment No.: 4291·2211462 Page 11 of 11 FIRST AMERICAN TITLE INSURANCE COMPANY Exhibit "A" Vested Owner: THE HEIRS AT LAW OF LORA J. MICHAUD, DECEASED, AND TIMOTHY P. MICHAUD AS HIS SEPARATE ESTATE Real property in the County of King, State of Washington, described as follows: PARCEL A: LOT 3 AND 4, OF REVISED KING COUNTY SHORT PLAT NO. 880059, AS RECORDED UNDER KING COUNTY RECORDING NUMBER 8302011019, BEING A PORTION OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; PARCEL B: A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS DEUNEATED AS PRIVATE ROAD ON REVISED SHORT PLAT NO. 880059R, AS RECORDED UNDER KING COUNTY RECORDING NO. 8302011019 BEING A PORTION OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THAT PORTION LYING WITHIN THE MAIN TRACT. Tax Parcel Number: 152305-9043-01 and 152305-9221-05 Situs Address: 355 Field PI 5E, Renton, WA 98059 first Amerk:iJn rttJe First American Title ' .. ~F-irs-t-Am-e-ri-ca-n-T-itl-e-----------------fn~1~ilc~~~~ph-'~~C~ .........!..Y~sting 01 9606201284 THIS SPACE PRClllIOEO..oo AECOROER'S USE: TransnaUon ALEO FOR RECORD AT REOueST OF WHEN RECORDED RETUR~ TO Timothy P. Michaud and Lora J. Michaud 13649 140th Pl. 52 ""'-Renton, washington 98059 STATUTORY WARRANTY DEED mE GRANTOR Donald L. Jobnson and Delores J. Jobnaoo. Ilu8baPd and WUe. for and in consideration of 'ID AIID .. /100 DDLlABS AND 0'J'Hr1l VALU6Bl.£ CORS.IDBa&TJOJI. in band 1Ia1d. conveys and warrants to TillOtby P. Micbaud and. Lora J. M1cb8ud~ BuabaDd aad Vife. the following described real estate, situated in the County of KiDs. State of Wash1n&ton: see Le&al DescriPtion attached hereto and, .. rked Exhibit "A". SUBJECT TO: P.aseltents. Restrictions, B.~rvati01lS and. Prov1.sioas of record. if any. BaservatioDs as described. UDd!!r Record1D& 110. 241250. BesIi!'MDt as descrilM!tt UDder 1tecord111& 110. 8111'240491. 8aa811ent&. B.estrictions and Recitals on Sbort Plat 10. 88005' as deser1b-ed Ullder Record1.D& 10. 8302011019. STAT! or 1l6SIIIIGTOIf COUlft'!'OrlUq ) } SSe ) On this day p@rsonally appeared before ae Donald L. JobDsoD BDd Delores J. JobDaau to ee known to be the 1ndividual(s) described in and who executed the within and foreaoinl instrument. and acknowledled that they signed the sa.e as their free and voluntary act and deed, for tbe uses and purposes tberein mentioned. GIVEN under my band and official seal this lr~ day of TINY A M. BAR !!.MAtt' Q Q • Q Q 0 " .. .. 0 0 . n 0 0 .. /' '" .. " 0 OJ " '" 0 OJ 0 (') .. .. .. .. '" ECEIVED APR 2 5 2014 STATE OF WASi~~tf,"*rriin>in.l:y'i--.,Iie1:tiitTiirllasiiSh.[;;' .. .:itUionn.. NOTARV--PUMRld 9-J'j-iZ'"A") lTV Or: REN'!"ON L ______ -=II1'=-====DI'IREI==4-_~_L ______________ JPLANNING DIVISION First American Title j 1 \'1 First American Title .. ~ ....... -, .... " .. ,,' ... ,'"-.. -.,, .. ,, .... -.~ ... ~-- • PARCELA' + "A {I eitl~bL Lot 3 of Revised Short Plat No. 880059, as recorded undu KiIq ·CountY ~ No. 83Ol011019, being a portion of !he West baIf of !he Nortbwnl quarter of '" Northwest quarlI:r of !he Sou111east quarter of Scc:tioD IS, TOWIIIhip 23 North, Range S East, W.M., In Xing CoiJllIY, WashIn,ton. mem·B; An easement for Ingr ... , egroa and utilities delineated as Private Road OIl Revised Short Plat No. 8800S9R, as recorded under KIng County Rc<:onIIng No. 1302011019 being a portion of tho West baIf of 111e Northwelt quarter of the Northwest quaner of tile Soutbealt qllarter of Sectkm IS, TowllShip 23 North, Range S East. W.M., In King County. W~ EXCEPT that portion lying within Parcel A above. ~~~~ _____________________ n First American Title • First American Title 4. Vestin1L02_20000330000182 After recordmg return to TIMOTHY P. MICHAUD 13649 -140TH PL S E RENTON WA 98059 FJied for Record at the Request of Washmgton Tule Company R2 E1743940 ~/JIIZf" '1.44 Ie NO COUNTY. I#l .~ .'I;iI I: STATUTORY WARRANTY DEED PAGE' III OF "I LPB-10 --THE GRANTOR DAVID F HOMER and MARGARET L. HOMER, husband and wIfe = = = = c, = = ~ for and In conSideratIOn of Ten Dollars and Other Good and Valuable ConSIderation m hand paid, conveys and warrants to TIMOTHY P MICHAUD dna LORA) MICHAUD, husband and wife the followmg deSCribed real estate, situate in the County of KING. State of Washmgton Lot 4. ReVised Short Plat Number 88059, recorded under King County Recordmg Number 8302011019, bemg a portion of the west half of the northwest quarter of the northwest quarter of the southwest quarter of Section 15, Township 23 north. Range 5 east, W M , m Kmg County. Washmgton. TOGETHER WITH an easement for mgress, egress and utlhtles dehneated as pflvate road on ReVised Short Plat Number 880059, recorded under Kmg County Recordmg Number 8302011019, belUg a ponion of the west half of the northwest quarter of the northwest Quarter of the southeast quarter of Section 15, Township 23 north, Range.5 east, W M • In Kmg County, WashmglOn, EXCEPT that portIOn Iymg wtthm the malO tract TAX ACCOUNT NO 152305-9221-05 Subject to easements, covenants, conditions and restrictions shown on Exhibit" A" as hereto attached and by thIS reference made a part hereof Dated thIS 14th day of MARCH, 2000 ~AV~H~ By __________________ ___ Sf ATE OF WASHJl'IiGTON COUNTY OF KING } ~ v'// By,;d~n"'A2) &f,;..n.-;d.! MA AKET L. HOMER By ________________ ___ On Ihis day personally appeared btrore me DAVID io', HOMER A:-JD MARGARt.,. L. HOMER to me known to be the lndmduaJ(s) dcscnbcd in and who eXl.'Cutoo the WIthin and rorea:olDll Instrument, and acknowJeged tbat THEY signed the same as THEIR f'rre and VOluntary act~lP.r the Woes and purposes therein mentioned. ® . ,,.' ~~, GI"n dor my ond .nd om,,,1 "'01 Ihb ~ MARCHl~~l ) \:~:.!.ll Notary Public In and ror thl! Statl! or Washington ... ""If ._._. -<,.0 ... "' resldfn" at KENT My colllJl1jss.ion expires: 042901 -'f, ~SHItlG ",,~' • {·"h.d"tl ' Description: King,NA Document -Year.Month.Day,DocID 2000.330.182 Page: 1 of 2 Order: j Comment: First American Title , First American Title E.'l:row No R23!029 EXHIBIT "A" AN EASEMENT AFFECTING THE PORTION OF SAID PREMISES AND FOR THE PURPOSES STATED THEREIN: IN FAVOR OF FOR DISCLOSED BY INSTRUMENT RECORDED RECORDING NUMBER: AFFECTS Puget Sound Power and Light Company, a Washmgton corporation Underground electnc transmiSSion andlor dlstnbutlOn system May 29, 1981 8105290905 The north 10 feet of the east 10 feet Contams covenant prohlbltmg structures over said easement or other activIties which might endanger the underground system COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS CONTAINED IN SHORT PLAT: RECORDED RECORDING NUMBER July I, 1981 8107010684 = AN EASEMENT AFFECTING A PORTION OF SAID PREMISES FOR THE ::; PURPOSES STATED THEREIN = = IN FAVOR OF' ~ = = FOR: = DISCLOSED BY ~ INSTRUMENT RECORDED RECORDING NUMBER AFFECTS' Kmg County Water Dlstnct Number 90, a muniCipal corporation Water mams November 24, 1981 8111240491 Southeasterly portion COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS CONTAINED IN SHORT PLAT: RECORDED: RECORDING NUMBER: February I, 1983 8302011019 Description: King, lilA Docwaent -Year.Month.Day.DocID 2000.330,182 Page: 2 of 2 Order: j Comment: First American Title , First American Title 5. Vesting_03_20111 011 000465 • After Recording Mail To: Timothy Michaud 355 Field PI SE Renton, WA 98059-5463 E2513465 10/11/2011 10;40 K INC COUNTY. IJA SXL"EX $10.00 " $0.00 QUIT CLAIM DEED The Grantors: Lora Michaud and Timothy Michaud For consideration of: Love and Affection PACE-001 OF 001 Convey(s) and quit claim(s) to: Lora Michaud and Timothy Michaud as joint tenants with right of survivorship the following described real estate situated in the County of King, State of Washington including any interest therein which grantor may hereafter" acquire: Legal Description: Lot 4 Revised Short Plat Number 88059, recorded under King County Recording Number 8302011019 being a portion of the west half of the northwest quarter of the northwest comer of the southeast quarter of Section 15, Township 23 North, Range 5 east, W.M. in King County Washington, Except that portion lying within the main tract. Subject to easements, covenants, conditions and restrictions of record. Tax Account Number 152305-9221-05 QUIT CLAIM DEED PAGE I ORIGINAL Description: .King,H'A Document -Year.Month.Day.DocID 2011.1011.465 Page: J of 2 Order: j Comment: First American Title .----------------------- • First American Title By: Lora Michaud State of Washington ) ) ss. County of King ) [ certify that I know or have satisfactory evidence that Lora Michaud and Timothy Michaud signed this instrument and acknowledged it to be hislher free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated this.:z day of ad. . 20 II QUIT CLAIM DEED PAGE 2 c, . L:-:-:::--zA':-R:::-Y:-:-:::P"'"U=S"'"L7:1 C::-':-'m=an'-d-:-:-fo-r -:-th-e . . sTATEOFWASH[NGT~l/ J~! My appointment expires ~ ::z..tJ! Y .....:.........:-:.:.:.S(~~iSS;s:;>SSSS:i~ ,. JACKI L. KIRKLIN . li o NOTARY PUBLIC ~ STATE OF WASHINGTON (I,. COMMISSION EXPIRES 1. APRil t9, 2014 2 Description: King,NA Document -Year.Honth.Day.DocID 2011.1011.465 Page: 2 of 2 ----- Order: j Comment: ______________________ _ First American Title r ------------------ • First American Title 6. Vestin(L04_20111 011 000466 .' . - QUIT CLAIN DI!ll[) After Recording Mail To: Timothy Michaud 355 Field PI SE Renton, W A 98059·5463 E2513466 10/11/2011 10:40 KING COUNTY, I.JA TAX $10.00 SALE $0.00 The Grantors: Lora Michaud and Timothy Michaud For consideration of: Love and Affection PAGE-aet OF 001 Convey(s) and quit claim(s) to: Lora Michaud and Timothy Michaud as joint tenants with right of survivorship the following described real estate situated in the County of King, State of Washington including any interest therein which grantor may hereafter acquire: Legal Description: Parcel A. Lot 3 of Revised short plat 880059 as recorded under King County Recording No. 8302011019, being a portion of the West half of the Northwest quarter of the Southeast quarter of Section 15, Township 23 North Range 5 East, W.M. in King County Washington. Parcel B. An easement for ingress and egress and utilities delineated as Private Road on Revised Short Plat No. 880059R as recorded under King County Recording No. 8302011019 being a portion of the West half of the Northwest quarter of the Northwest comer of the Southeast quarter of Section 15, township 23 North, Range 5 East, W.M. in King County, W A, Except that portion lying within Parcel A above. Parcel Number: 152305·9043·01 Quit Claim Deed Page I ORIGINAL First American Title ------------------------ , First American Title - Dated: /0 / 2 / // By: 'vf 0 ,\.P-9. '7) r.:I.-w 1--'. ~~ Ti111OtIi)1lchaud Lora Michaud State of Washington ) ) ss. County of King ) I. certify that 1 know or have satisfactory evidence that Lora Michaud and Timothy Michaud signed this instrument and acknowledged it to be hislher free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated this ~ day of 0 d . JACKI L. KIRKLIN NOTARY PUBLIC STATE OF WASHINGTON COMMISSION EXPIRES APRil 19. 2014 Quit Claim Deed Page 2 First American Title ,2011 .' C2{~~{:= STATE OF WASHINGT9~ I. A I. t/ My appointment expires ~ 2d T -First American Title 7 _ Exception_ 04 ~20030317002176 RetumTo. WEBSTER BANK 609 West Johnson Avenue Cheshlro, CT 06410 ATTENTION:POST CLOSING DEPARTMENT, CH535 Assessor's Parcel or Account Number. 152305-9043-01 Abbrevllu"d Legal Deswpuon, NW, SE, 15-23-05 (Include lot, block and plat or scellon, township and range1 Trustee FuUlegal descnpbon located on page Sc>'leJ. ..... \e.. 1\ 20030317002176.001 Addluanal Granoees located on page ----------{Space Above ThiS Line For Rec:ordmg Oata]-----:------- I (p/:34 DEED OF TRUST NUN 1000920-4702773396-1 'PN\NT 5IS~37-<t; DEFINlTIONS Words used m mulnple seeUons of thIS document are defmed below and other words are defined m Seenon, 3, 11, 13, 18,20 and 21 Certain rules regardIng the usage of words used m thIS document are also proVIded m Seeuon 16. (A) "Security Instrument" mean' thIS document, whIch IS dsred March 11, 2003 togethet WIth all Rtders to tins document (8) "Borrower" IS TIMOTHY P MICHAUD, AND LORA J, MICHAUD, Husband and Wife Borrower IS the trustor under thIS Seeurlty Instrument (C) "Lond,r" IS Webster Bank 1000920-4702773396-1 WASH'NGTON-Slno'. Famtly-Fannl. Ma./Fraddl. Mac UNIFORM INSTRUMENT WITH MERS G.,;6A(WA)(0012) Form3'118 1/01 ~ Page 1 of 15 Inltla~ VMP MORTGAGE FORMS -(600)521-7291 1/111111111111111 111111 1111 1111 1111 First American Title First American Title Lend&~a FEDERALLY CHARTERED SAVINGS BANK orgamzcd and exlSbng under the laws of THE UNITED STATES OF AMERICA Lender's address ~ 609 Wast Johnson Avanua, Chash I ra, CT 06410 (D) "Trustee" IS PACIFIC NORTHWEST TITLE 20030317002176.002 (E) "MERS" 18 Mortgage Electroruc RegxstratlOn Systems, Inc MERS 18 a separate corporauon that 18 acbng solely as a nommee for Lender and Lender's successors and assigns. MERS is the beneficiary under this Security Instrument. MERS IS orgaruzed and exlsUng under the laws of Delaware. and has an address and telephone number of P.O. Box 2026, Fhnt, MI 48501-2026, tel (888) 679·MERS. (F) "Note" means the pronussory note sIgned by Borrower and dated March 11, 2003 The NOle states that Borrower owes Lender Two Hundred Th Ifty-F I ve Thousand and Noll00 ------------------------------------------------------------Do~s (U S S 235, ODD. DO ) plus 10lerest Borrower has promISed to pay thIS debt 10 regular Penodlc Paymenls and to pay the debt Ul full not later than April 1, 2033 (G) "Property" means the property that IS descnbed below under the headmg 'Transfer of RIghts Ul the Property " (H) I1Loan" means the debt eVidenced by the Note, plus mterest, any prepayment charges and late charges due under the Note, and all sums due under tillS SecurIty Instrument. plus mteresL (I) 1IRiders" means all Riders to tlus Secunty Insttument that are executed by Borrower The follOWing Riders are to be execuled by Borrower [check box as apphcable]· o Adjustable Rate Rider o B,lioon Rider o VA Rider D CondomUltUm Rider o Planned Umt Development Rider D Biweekly Payment Rider D Second Home Rider B 1·4 Famdy Rider Other(s) [specify] (J) "Applicable Law" means all controllmg applicable federal, slate and local statutes, regulauons, ordmances and edmUllStratlve rules and orders (that have the effect of law) as well as all applicable fm.I, non-appealable JudlCUlI opmIons (K) "Community Association Dues, Fees, and Assessments" means all dues, fees. assessments and other charges that are unposed on Borrower or the Property by a condomlDlWD assoclauon, homeowners assoclBtlon or suntlar organlZ8uon (L) "Electronic Funds Transfer" means any transfer of funds, other than a transactlOn onglnated by check. draft, 01 stnlllar paper lRstrument, WhIch IS 1flluatcd through an electronIC temllnal. telephomc lRstrument, computer, or magnettc tape so as to order, inStruct, or aulhonze a fmancU1l mSUtutton to debit or credit an account. Such term mcludes. but 18 not bmncd to, pomt·of-sale transfers, automated teller machme transacoons, transfers mlt1ated by telephone, wue transfers, and automated cleannghouse transfers (M) "Escrow Items" means those Items that are descnbed m SectIon 3 (N) "Miscellaneous Proceeds" means any compensauon, settlement, award of damages, or proceeds paid by any third party (other than UlSurance proceeds p8ld und& the covmges descnbed In Secuon 5) for. (,) damage to, or destrucuon of, the Property, (u) condemnauon or other takUlg of all or any part of the Property, (111) conveyance m lreu of condemnauon, or (IV) mlsrepresentatlons of, or omISSIons as to, the value and/or conrunon of the Property (0) "Mortgage Insurance" means msurance protecUng Lender agamst the nonpayment of, or default on, the Loan (P) "Periodic Paymentll means the regularly scheduled amount due for (1) pnnclpal and mterest under the Note, plus (u) any amounts under SecUOD 3 of thIS Secunty instrument 1000920-4702773396-1 G ·SA(WA) (0012) .. First American Title Page 2 of 15 1",II~wr tJ .vv>c J ---~ I ~~rm 3048 1101 " First American Title 20030317002176.003 (Q) "RESPA" means Ibe Real Estate Settlement Procedures Act (12 U.s.C, Secl10n 2601 et seq) and Its lIOplemenbng regulal1on, Regulauon X (24 C F R Part 3500), as Ibey might be amended from bme to bme, or any addlbonal or successor legls1abon or regulal10n Ihat governs Ibe same subject matter As used m tlus Seeunty Inslrument, "RESPA" refers to all requuements and restrIcbons that are lIOposed m regard to a "federally related mortgage loan" even If Ihe Loan does not qualIfy as a "federally related mortgage loan" underRESPA (R) "Succebsor in Interest of Borrower" means any party that has taken bt1e to the Property. whether or not that pMy has assumed Borrower's ob~gabons under !he Note andlor tlus Seeunty Inslrument TRANSFER OF R1GIITS IN TIlE PROPERTY The benefICial)' of ibIS SecurIty Inslrument IS MERS (solely as nommee for Lender and Lender's successors and ass~gns) and the successors and asSlgns of MERS. This Secunty Instrument secures to Lender (1) the repayment of the Loan. and all renewals, extensions and modlflcauons of the Note; and (0) the performance of Borrower's covenants and agreements under thIS Secunty [nstrument and the Note For thiS purpose, Borrower ltfevocably grants and conveys to Trustee. In trust. With power of sale, the followmg descnbed property located m Ibe COUNTY of KING [Type of Recordmg lun.dlCtlon] SEE ATTACHED LEGAL DESCRIPTION Parcel ID Number 152305-9043-01 13849 140TH PLACE SE RENTON ("PrOpcIty Address") {Name of Reconhng Iun,dtcuon] whIch currently bas Ibe address of [Street] [eu),] . Washmgton 98059 (ZIp Code] TOGETIlER WlTI! aIllbe lIOprovements now or hereafter erected on the propeny, and all easements, appurtenances, and fIXtures now or hereafter a part of Ibe property All replacements and addIbons shall also be COVOI ed by !hIS Seeurlty InSlrumenL All of !he foregolOg IS referred to m ibIS SecUrIty Instrument as Ibe ''Property,'' Borrower understands and agrees that MERS holds only legal btle to !he mterests granted by Borrower m tlus Seeunty Inslrument, but, If necessary to comply wllb law or custom, MERS (as Dommee for Lender and Lender's successors and asSIgns) has !he nght to exercISe any or all of Ibose mterests, mcludmg, but not luruted to, Ihe nght 10 foreclose and sell Ibe Property, and to take any aebon requrred of Lender mcludmg, but not lunlted to, releasmg and cance~g ibIS Seeunty Inslrument BORROWER COVENANTS that Borrower IS lawfully SeISed of Ihe estate hereby conveyed and has Ibe rIghl to gnmt and convey Ibe Property and Ibat Ibe Property IS unencumbered, except for encumbrances 1000920-4702773396-1 .... BA(WA) (0012) First American Title Page 3 of 15 InltlalS~ /J;y-,..j --, I ;:;m 3048 1/01 , 'First American Title 20030317002176.004 of record Borrower warrants and will defend generally the utle to the Property agamst all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combmes umform covemmts for nauonal use and non-unIform covenants wIth mmted varJ.abons by JUrISdIctIon to constItute a umfonn secunty mstrument covenng real property, UNIFORM COVENANTS. Borrower and Lender covenant and agree as follow, 1. Payment of PrinCIpal, Interes~ Escrow Items, Prepayment Charges, and Late Charges, Borrower snall pay when due the pnnclpal of, and mterest on, the debt eVidenced by the Note and any prepayment charges and late charges due under the Note. Borrower ,hsll also pay funds for Escrow Items pursuant to Secuon 3 Payments due under the Note and thts Secunty Instrument shall be made m U.S. currency However, If any check or other mstrument receIved by Lender as payment under the Note or tillS Seeunty Instrument 18 returned to Lender unpmd, Lender may reqwre that any or all subsequent payments due under the Note and ttus Secunty Instrument be made In one or more of the followmg forms. as selected by Lender (a) cash, (b) money order, (c) cerufled check, bank check, treasurer's check or cashIer's check, proVided any such check IS drawn upon an mstltutlon whose depoSits are msured by a federal agency, mstrumentalIty, or enuty, or (d) Electromc Funds Transfer Payments are deemed receIved by Lender when receIved at the locauon dOSlgnated In the Note or at such other locauon as may be designated by Lender m accordance wnh the noUce prov1S1ons m Seebon 15. Lender may return any payment or parual payment If the payment or parual payments are msuffIclent to brmg the Loan current Lender may accept any payment or partial payment msuIflclent to bnng the Loan current, Without waIver of any nghts hereunder or preJudtce to Its nghts to refuse such payment or paroal payments m the future, but Lender IS not obhgated to apply such payments at the urne such payments are accepted If each PenodI( Payment 19 applJed as of Its scheduled due date, then Lender need not pay mterest on unapphed funds Lender may hold such unapphed funds unUl Borrower makes payment to bnng the Loan current. If Borrower does not do so wlthm a reasonable perIOd of tune. Lender shall either apply such funds or return them to Borrower If not applIed earlIer, such funds will be applIed to the outsUUIdmg pnnclpal hslance under the Note unmedtately pnor to foreclosure. No offset or elrum whiCh Borrower might have now or m the future agrunst Lender shall relieve Borrower from makmg payments due under the Note and thiS Secunty Instrument or performmg the covenants and agreements secured by thIs Secunty Instrument. 2. Application of Payments or Proceeds. Except as otherwIse descnbed m thiS Secuon 2, all payments accepted and appbed by Lender shall be applIed 10 the followlOg order of pnonty (a) Interest due under the Note, (b) prmclpal due under the Note, (c) amounts due under Secuon 3, Such payments shall be applIed to each Penochc Payment ID the order m which It became due Any remammg amounts shall be applied fIrSt to late chID ges, second to any other amounts due under thIS Secunty Instrumen~ and then to reduce the pnnclpal balance of the Note If Lender receIVes a payment from Borrower for a delmquent Penodlc Payment whICh mcludes a suffICient amount to pay any late charge due. the payment may be appbed to the dehnquent payment and the late charge [f more than one PenOdlC Payment 18 outstandmg. Lender may apply any payment receiVed from Borrower to the repayment of tho Penodlc Payments If, and to the extent that, each payment can be pau:1 m full. To tho ~tent that any excess exISts after the payment IS applied to the full payment of one or more Penodtc Payments. such excess may be apphed to any late charges due Voluntary prepayments shall be applIed fll'St to any prepayment chsrges and then as descnbed 10 the Note Any apphcab.On of payments. msW'8Dce proceeds, or Mlscellaneous Proceeds to pnnClpal due under the Note shall not extend or postpOne the due date, or change the amount, of the Penodlc Payments 3. Funds for Escrow Items. Borrower shall pay to Lender on the day PenodJc Payments are due under the Note, untIl the Note IS paId 10 full, a sum (the "Funds") to proVIde for payment of amounts due for: (a) taxes and assessments and other Items which can attaIn pnonty over thIS Secunty Instrument as a llen or encumbrance on the Property; (h) leasehold payments or ground rents on the Property, If any; (c) premIUms for any and all msurance requrred by Lender under Seehon S. and (d) Mortgage Insurance premIUms, If any. or any sums payable by Borrower to Lender m lieu of the payment of Mortgage Insurance premlUms m accordance WIth the provISIons of Secuon 10 These Items are called "Escrow Items" At ongmauon or at any 1000920-4702773396-1 ~-6AIWA) 10012) First American Title Page 4 of 15 'nltra,J IM1 tJ~ ---7 I 'F~rm 3048 1101 , 'First American Title 20030317002176.005 tune dunng the term of the Loan, Lender may reqUire that CommunIty Assocmuon Dues, Fees, and Assessment;, If any, be escrowed by Borrower, and such dues, fees, and assessment; shall be an Escrow Item. Borrower shall promptly furnISh to Lender all noUces of amount; to be paId under thIS Secuon. Borrower shall pay Lender the Funds for Escrow Items unless Lender WaIves Borrower's oblIgaUon to pay the Funds for any or all Escrow Items. Lender may WIDve Borrower's oblIgation to pay to Lender Funds for any or all Escrow Items at any urne Any such WIDver may only be m wnUO& In the event of such waIver, Borrower shall pay dIrectly, when and where payable, the amount; due for any Escrow Items for whIch payment of Funds has been wIDved by Lender and. If Lender requrres, shall furnISh to Lender receIpt; eVIdencmg such payment wlthm such urne penod as Lender may requITe. Borrower's obbganon to make such payment; and to provIde receIpt; shall for all purposes be deemed to be a covenant and agreement conuuned m ODs Secunty Instrument, as the phrase "covenant and agreement" IS used m Secnon 9. If Borrower IS obbgated to pay Escrow Items dIrectly, pursuant to a WaIver, and Borrower fads to pay the amount due for an Escrow Item, Lender may exercISe It; nght; under Secuon 9 and pay such amount and Borrower shall then be oblIgated under Secuon 9 to repay to Lender any such amount Lender may revoke the WaIver as to any or all Escrow Items at any bme by a nobce given m accordance WIth Sectlon 15 and, upon such revocatlOn, Borrower shall pay to Lender all Funds, and m such amount;. that are then requITed under thIS SecMn 3 Lendel may, at any urne, collect and hold Funds m an amount (a) suffICIent to pennlt Lender to apply the Funds at the tune specIfIed under RESPA, and (b) not to exceed the m.,,,mum amount a lender can requITe under RESPA Lender shall estunate the amount of Funds due on the basIS of current data and reasonable esUmates of expendItures of future Escrow lterns or otherwISe m accordance WIth Apphcable Law. The Funds shall be held m an msUluUon whose depoSIts are msured by a federal agency, mSlrumentalIty, or enuty (mcludmg Lender, If Lender IS an msUtunon whose depOSIlS are so msured) or m any Federal Home Loan Bank Lender shall apply the Funds to pay the Escrow Items no later than the urne specIfIed under RESPA Lender shall not charge Borrower for holdIng and applymg the Funds, annually analyzmg the escrow account, or venfymg the Escrow Items, unless Lender pays Borrower mterest on the Funds and ApplIcable Law penmts Lender to make such a charge Unless an agreement IS made m wnung or ApplIcable Law reqUires mterest to be paxd on the Funds, Lender shall not be requIred to pay Borrower any mterest or earnmgs on the Funds Borrower and Lender can agree m wnung, however, that mterest shall be prud on the Funds. Lender shall gIVe to Borrower, WIthout charge, an annual aceounuog of the Funds as requITed by RESPA If there IS a surplus of Funds held m escrow, as defmed under RESPA, Lender shall account to Borrower for the excess funds m accordunce WIth RESPA If there IS a shortage of Funds held m escrow, as defmed under RESPA, Lender shall noUfy Borrower as requrred by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage m accordance WIth RBSP A. but m no more than 12 monthly payments If there 18 a defiCiency of Funds held 10 escrow, as defmed under RESPA, Lender shall noufy Borrower as reqUired by RESPA, and Borrower shall pay to Lender the amount necessary to make up the defICIency m accordunce WIth RESPA, but m no more than 12 monthly payments. Upon payment m full of all sums secured by thIS Secunty Instrumen~ Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; LIens. Borrower shall pay all taxes, assessments, charges, fmes, aod unpoSluons attrIbutable to the Property whIch can auam pnonty over thIS SecurIty Instrumen~ leasehold payment; or ground I ent; on the Properly, If aoy, and Commuruty Assoc18ll0n Dues, Fees, and Assessments, If any. To the extent that these Items are Escrow Items, Borrower shall pay them m the manner prOVIded m Secuon 3 1000920-4702773396-1 •• 6A(WA) (0012) .. First American Title Page 5 of 15 InItlal~~ Form 3048 1/01 ~--, " , First American Title 20030317002176.006 Borrower shaIJ promptly Ihscharge any hen WhICh has pnonty over thiS Secunty Instnunent unless Borrower' (a) agrees m wflung to the payment of the obllgauon secured by the hen m a manner acceptable to Lender, but only so long as Borrower 18 perfonnmg such agreemen~ (b) contests the hen m good fruth by, or defends agamst enforcement of the lien m, legal proceedmgs which m Lender's opmlOn operate to prevent the enforcement of the hen whLle those proceedmgs are pendmg. but only unbl such proceedmgs are concluded, or (c) secures from the holder of the hen an agreement sausfactory to Lender subordmaung the hen to thl8 Secunty Instrument If Lender determmes that any part of the PropeflY 18 subject to a hen wluch can attain pflonty over tlus Secunty InSlrumen~ Lender may gIVe Borrower a noUce Identlfymg the hen Wlthm IO days of the date on which that nouce 18 gIven, Borrower shaIJ sausfy the hen or take one or more of the acb.ons set forth above In tillS SeeDoD 4. Lende, may reqUIre Borrower to pay a one·ome charge for a real eslate tax venfIC8Uon and/or reponmg ServIce used by Lender m connecuon wllh tillS Loan. S. Property Insurance. Borrower shall keep the Improvements now eXIStIng or hereafter erected on the Property msured agrunstloss by fue, hazards mcluded w,thm the term "extended coverage," and any other hazards mcludmg, but not limned to, earthquakes and floods, for which Lender requrres msurance 11l1s msurance shall he mamtamed m the amounts (mcludmg deducuble levels) and for the penods that Lender requues What Lender reqUIres pursuant to the precedmg sentences can cluUIge dunng the term of the Loan The Insurance carrJ.eI' provldmg the Insurance shall be chosen by Borrower subject to Lender's nght to dlsapprove Borrower's ChOIce. WhIch nght shall not be exercIsed unreasonably Lender may requlfe Borrower to pay, m connecUon WIth thIS Loan, eIther (a) a one·ume charge for flood zone detennmauon, cemf,cauon and trackmg servICes; or (b) a one-ome charge for flood zone delennmauon and certIflcauon servICes and subsequent charges each ome remappmgs or surular cluUIges occur WhICh reasonably might affect such determmauon or cerUflcabon. Borrower shall also be responsible for the payment of any fees unposed by the Federal Emergency Management Agency m connecuon w,th the review of any flood zone determmauon resulUng from an obJecuon by Borrower If Borrower fails to mamtam any of the coverages descnbed above, Lender may oboun msurance coverage, at Lender's optlon and Borrower's expense. Lender 18 under no obhgatIon to purchase any parocular type or amount of coverage Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's eqUIty m the Property, or the contents of the Property, agrunstany nsk, hazard or liabJhty and might proVIde greater or lesser coverage than -was prevIOusly m effect Borrower acknowledges that the cost of the msurance coverage so obtamed rrughl SJgtUfICantly exceed the cost of msuran< e that Borrower could have obtamed Any amounts dtsbursed by Lender under thIS Secuon 5 shall become edwnonal debt of Borrower secured by thl8 Secunty Instrument These amounts shall bear mterest at the Nair rate from the dale of Ihsbursement and shall be payable, With such Interes~ upon noUce from Lender to Borrower requestmg payment AU msurance pohCles reqUIred by Lender and renewals of such POliCIes shall be subject to Lender's fight to d'sapprove such pO~Cles, shall mclude a standard mortgage clause, and shall name Lender as mortgagee and/or as an addluonal loss payee. Lender shall have the nghl to hold the PO~Cles and renewal cemfICales. If Lender requrres, Borrower shall promptly gIve to Lender all receipts of prud premIUms and renewal nobces If Borrower obouns any fonn of msurance coverage, not otherwISe requued by Lender, for damage to, or destrucuon of, the Property, such policy shall mclude a standard mongage clause and shall name Lender as mongagee and/or as an addluonalloss payee In the evenl of loss, Borrower shall give prompt nonce to the msurance camer and Lender. Lender may make ploof of loss If not made promptly by Borrower Unless Lender and Borrower otherwISe agree m wnung, any msurance proceeds, whether or not the underlymg insurance was reqUIred by Lender, shall he applted to restoratIon or repaJl' of the Property. If the restoratIOn or rep8U' 18 economIcally feasible and Lender's secunty IS not lessened. Dunng such repa" and restoranon penod, Lender shall have the fight to 1000920-4702773396-1 .'6A(WA) (0012) .,. First American Title Page 6 of 15 'nltlal~~ () :v.J ---~ I ~:rm 3048 1101 First American Title 20030317002176.007 hold such Insurance proceeds unbl Lender has had an opportu01ly to IOSpect such Property to ensure the work has been completed to Lender's sausfacUon, provided that such mspecUon shall be under1llken promptly. Lender may disburse proceeds for the repaxrs and restoratIon 10 a smgle payment or m a senes of progress paymems as the work 18 completed. Unless an agreement IS made m wnung or Apphcable Law requrres ullerest to be prod on such msurance proceeds, Lender shall not be reqUIred to pay Borrower any mterest or earnmg' on such proceeds Fees for pub~c edJusters, or other thrrd parIles, rebuned by Borrower shall not be p81d out of the msurance proceeds and shall be the sole obhgal1on of Borrower. If the restorel1on or rep8lf IS not economically feasible or Lender's secunly would be lessened, the IOSuranoe proceeds shall be apphed to the sums s<.cured by thiS Secunty Instrumen~ whether or not then due, With the excess, If any, p81d to Borrower. Such IOsurance proceeds shall be apphed 10 the order prOVided for m Secnon 2. If Bon ower abandons the Propeny, Lender may f11e, negOllate and settle any aV81lable msumnoe clarrn and related matters If Borrower does not respond wlthm 30 days to a noUce from Lender that the lOSumnce carner has offered to settle a clarrn, then Lender may negollate and settle the cl81ID The 30·day penod Will begm when the noUce IS gIVen In either even~ or If Lender acqurres the Property under Secllon 22 or Otherwise. Borrower hereby assigns to Lender (a) Borrower's rIghts to any msurance proceeds in an amount not to el(ceed the amounts unpaId under the Note or thiS SecurIty Instrument, and (b) any other of Borrower's nghls (other than the nght to any refund of unearned premlUms p81d by Borrower) under all IOsurence PO~lOS covermg the Propeny, lOsofar as such nghls are app~cable to !he coverage of the Property Lender may use the msurance proceeds eIther to repmr or restore the Properly or to pay amounts unprud under the Note or thIs Secunty Insuument. whether or Dol then due 6. Occupancy, Borrower shall occupy, estab~sh, and use !he Property as Borrower's prmclpal residence wlthm 60 days after the execuUon of thIS Security Instrument and shall conunue to occupy the Property as Borrower's pnnclpal reSIdence for at least one year after the date of occupancy, unless Lender otherwISe agrees 10 wnung, which consent shall not be unreasonably Withheld, or unless extenual1Dg crrcumsumces exist which are beyond Borrower's control 7. Preservation, Maintenance and Protection of tbe Property; Inspections. Borrower shall Dot destroy, damage or Imp8lf the Property, allow the Property to detenorate or commit waste on the Property Whether or not Borrower IS resldmg 10 the Property, Borrower shall m810UUn the Property 10 order to prevent the Property from deterlOraUng or decreasmg m value due to lis condlUon. Unless It IS detenomed pursuant to Secuon 5 thdt rep8lf or restoreuon IS not economically feasible, Borrower shall promptly rep8lf the Property If damaged to aVOId further delenorauon or d81flSge If msurence or condemnauon proceeds are paid m connection With damage to. or the takmg of, the Property. Borrower shall be responSIble for repamng or restonog the Property only If Lender has released proceeds for such purposes Lender may dISburse proceeds for the rep81f'S and restoratJ.on 10 a smgle payment or 10 a senes of progress payments as the work IS completed Jf the msurancc or condemnatIon proceeds are not suffiCIent to Iepa1f or restore the Property, Borrower IS not reheved of Borrower's obltgauon for the compleuon of such rep81r or restoration Lender or lis agent may make reasonable enlnes upon and mspecuons of the Property If It has reasonable cause, Lender may 10Spect the mlenor of the unprovemenls on the Property. Lender shall give Borrower nobce at the tune of or pnor to such an mtenor mspecuon specuymg such reasonable cause 8. Borrower's Loan Application. Borrower shall be 10 default If, durmg the Loan apphcauon process, Borrower ot any persons or enotIes actmg at the dIrecuon of Borrower or With Borrower's knowledge or consent gave matertally false, mISleadmg. or maccurate mfonnauon or statements to Lender (or faded to proVide Lender Wlth matenal mfono.uon) m connecuon With the Loan Malenal representallons lOelude, but are not lumted to. representauons concernmg Borrower's occupancy of the Property as Borrower's pnnclpal resldence 1000920-4702773396-1 .... SA(WA) (0012) First American Title Page 7 of 15 I"'tlal~~ Form 3048 1/01 • 'First American Title 20030317002176,008 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fatls to perform the covenants and agreements contaIned m thIS SecurIty Instrumen~ (b) there IS a legal proceedmg that nught SIgnifIcantly affect Lender's mterest m the Property and/or nghts under thIS Secuntv Instrument (such as a proceedlOg m bankruptcy. probate, for condemnauon or forfenure. for enforcement of a ~en whIch may attam pnonty over thIS Secunly Instrument or to enforce laws or regulaUons), or (c) Borrower has abandoned the PrOperly, then Lender may do and pay for whalever IS reasonable or appropnale to proJeCt Lender'; mterest m the Property and nghts under thIS Secunty Instrumen~ mcludmg pro!eCUng andlor assessmg the value of the Property, and securmg and/or repamng the Property, Lender's acUnns can mclude, but are not ~mlled to (a) paymg any sums secured by a hen wlucb has pnonty over lIus Secunty Instrument, (b) appearmg m co~ and (c) paymg reasonable attorneys' fees to protect lis lOterest 10 the Property and/or nghts under thIS Secunty Instrument. mcludmg Its secured posItion m a bankruptcy proceedmg Secunng the Property mcludes, but IS not hnllled to, entermg the Property to make rep3.ll s, change locks, replace or board up doors and wmdows, dram water from pipes, elunmate buudmg or other code vlolauons or dangerous condItIons, and have utIlitIes turned on or off Although Lender may take achon under tlus SectIon 9, Lender does not have to do so and IS not under any duty or ob~gaMn to do so. It IS agreed that Lender mcurs no ~abl~ty for not takmg any or all achons authorIZed under lIus SecMn 9. Any amounts dISbursed by Lender under thIS Seenon 9 shall become addlnonal debt of Borrower secured by thIS Secunty Instrument These amounts shall bear mterest at the NOIe rale from the dale of dISbursement and sball be payable, WIth such mteres~ upon nouce from Lender to Borrower requesung payment If tlus Secunty Instrument IS on a leasehold, Borrower shall comply With aU the proVISIons of the lease If BorroweJ acquires fee utle to the Property, the leasehold and !he fee utie shall not merge unless Lender agroes to the merger m wnUng 10, Mortgage Insurance. If Lender reqwred Mortgage Insurance as a conwuon of makmg the Loan, Borrower shall pay the pcemlUms requIred to mamtam the Mortgage Insurance m effecl If, for any reason, the MOl tgage Insurance coverage requrred by Lender ceases to be avaIlable from the mortgage msurer that prevIously proVIded such Iflsurance and Borrower was requU'ed to make separalely deslgnaled payments toward the premIUms for Mortgage Insurance. Borrower shall pay the premIUms requued to obtam coverage substanUally eqUIvalent to the Mortgage Insurance preVIOUsly m effec~ at a cost substanually equIvalent to the coS! to Borrower of the Mortgage Insurance prevIOUsly ill effec~ from an allemate mortgage msurer seleeled by Lender If substanUally eqUIvalent Mortgage Insurance coverage IS not avaliable. Borrower sball conUnue to pay to Lender the amount of the separately designated payments that were due when the InSWlUlCe coverage ceased to be In effect Lender will accept. use and retaIn these payments as a non-refundable loss reserve In heu of Mortgage Insurance. Such loss reserve shau be non-refundable, notwithstandmg the fact that the Loan IS ulurna1ely pSId m full, and Lender shall not be requU'ed to pay Borrower any mtereslor earnmgs on such loss reserve Lender can no longer reqmre loss reserve payments If Mortgage Insurance coverage (m the amount and for the penod that Lender requrres) proVided by an msurer selected by Lender agam becomes avatlable. 15 obLatned. and Lender requIreS separately desIgnated payments toward the prenllums for Mortgage Insurance IE Lender requrred Mortgage Insurance as a condluon of makmg the Loan and Borrower was reqwred to make separately des.gnaled payments toward the premIUms for Mortgage Insurance, Borrower shall pay the premIUms reqwred to mamlam Mortgage Insurance ill effec~ or to prOVIde a non-refundable loss reserve, untIl Lender's reqwrement for Mortgage Insurance ends m accordance With any wrItten agreement between Borrower and Lender provldmg for such termmaUnn or unUl termmaUon IS reqwred by Applicable Law Nothmg m thIS SeeMn 10 affects Borrower's obhgaUon to pay mterest at the rale proVIded m the NOIe Mortgage Insurance relmburses Lender (or any enuty that purchases the Note) for certam losses It may mcur If Borrower does not repay the Loan as agreed Borrower IS not a party to the Mortgage Insurance. Mortgage IDSurers evaluate thelC total nslc on all such IDSurance ill force from urne to urne, and may enter mto agreements WIth other perUes thaI share or modtl'y their rISk, or reduce losses These agreements are on terms and condlUOns that are sausfactory to the mortgage IDSurer and the other party (or perues) to these agreements These agreements may requue the mortgage Insurer to make payments USIng any source of funds lhatthe mortgage msurer may have avatlable (whIch may mclude funds obtaIned from Mortgage Insurance premIUms) 1000920-4702773396-1 .-aA(WA) (0012) .. First American Title Page 8 of 15 In",al~~ -f F~rm 3048 1/01 'First American Title 20030317002176.009 As a result of these agreements. Lender, any purchaser of the Note, another lIlSurer. any remsurer, any other enbty, or any affulate of any of the foregomg, may receive (directly or mdlrectly) amounts that denve from (or might be characterIZed as) a poroon of Borrower's payments for Mongage Insurance, m exchange for sharmg or modlfymg the mongage msurer's nsk, or reducmg losses If such agreement prOVides that an afflhate of Lender takes a share of the msurer's nsk m exchange for a share of the premIUm, paid to the fiSurer, the arrangement 18 often termed "captIve remsurance " Further (8) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Jnsurance, or any other terms of the Loan. Such agreements wiD not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b' Any ,ucb agreements will nol alTect Ibe rights Borrower has • if any • with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, andlor to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellatIOn or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All MIscellaneous Proceeds are hereby asSigned to and shall be paid to Lender If the Property IS damaged, such MIscellaneous Proceeds shall be applied to restorabon or repatr of the Property, If the restoranon or repatr 15 economically feasIble and Lender's secunty IS not lessened Dunng such repatr and restomoon period, Lender shall have the nght to hold such Miscellaneous Proceeds until Lender has had an opportumty to mspoct such Property to ensure the work has been completed to Lender's satlSfacllon, proVided that such mspecoon shall be undertaken promptly Lender may pay for the repairs and restorabon m a Sillgle dtsburrement or m a senes of progress payments as the work IS completed Unless an agreement IS made m wnnog or Applicable Law requires mterest to be paid on such MIscellaneous Proceeds, Lender .;hall not be reqUired to pay Borrower any interest or eammgs on such Miscellaneous Proceeds If the restoration or repalI' 18 not economtcany feasIble or Lender's secunty would be lessened. the MlScellaneous Proceeds shall be applied to the sums secured by thIS Seeunly Instrument, whether or not then due, With the excess, If any, patd to Borrower Such Mlscellaneous Proceeds shall be apphed m the order proVided for m Seebon 2 In the event of a total takIng, destrucnon. or loss In value of the Property, the Miscellaneous Proceeds shall be applIed to the sums secured by lhts Security Instrument. whether or not then due, With the excess, U any, prud to Borrower In the event of a parnal takmg, destrucnon, or loss m value of the Property m which the falI' market value of the Property unmedullely before the parnal takmg, destrucllon, or loss m value IS equal to or greater than the amount of the sums secured by thIS Secunty Instrument unmedl8tely before the parual takmg, destruction, or loss In value, unless Borrower and Lender otherwISe agree m wnung, the sums seeured by thlS Secunty Instrument shall be reduced by the amount of the Miscellaneous Proceeds mulbpbed by the followrng fractlon (a) the total amount of the sums secured lDlmedultely before the parual takmg. destrucuon. or loss In v(tlue diVided by (b) me fatr market value of the Property lDlme(hately before the parual takmg. destructlon. or loss m value Any balance shall be prod to Borrower In the event of a parual ca1ung, destrucllon, or loss m value of the Property In whlch the fmr market value of the Property unmedtately before the parual takmg, destrucuon, or loss m value IS less than the amount of the sums secured nnmedl8tely before the parnal takmg, destrucuon, or loss m value, unless Borrower and Lender otherwISe agree m wnnog, the Miscellaneous Proceeds shall be applied to the sums secured by this Secunly Instrument whether or nOI the sum, are then due If the Property IS abandoned by Borrower, or If, after nobce by Lender to Borrower that the Opposmg Party (ru defmed 10 the next sentence) offers to make an award to settle a claun for damages, Borrower fruls to respond to Lender wlthm 30 days after the date the noUce IS given, Lender IS authonzed to collecl and apply the MIscellaneous Proceeds either to restorabon or repair of the Property or to the sums secured by thIS Seeunty Instrwnent. whether or not then due "Opposmg Party" means the thrrd party that owes Borrower MlscellaneoUS Proceeds or the party agamst whom Borrower has a nght of aCllon 10 regard to MIscellaneous Proceed,. 1000920-4702773396-1 •• BA(WA) (0012) ., First American Title Pegs 9 of 15 In",a'.:lh4 fJ ~ ) -, / ;;'m 3048 1101 'First American Title 20030317002176.010 Borrower shall be m default If any acOon or proceedmg, whether CIVU or cnmmal, ts begun that, m Lender's Judgment, could resull m fOrfOlture of the Property or other materutl unpamnent of LendOl's mterest m the Property or nghts under thts Secunty Instrument Borrower can cure such. default and, If accelerabOn has occurred, remstate as provIded m SecOon 19, by causmg the acOon or proceedtng to be dISmISSed WIth. rulmg that, m Lender's Judgmen~ precludes forfeIture of the Property or other matenal unprurment of Lender's lOterest 10 the Property or nghts under thIS Secunty Instrument The proceeds of any award or clrum for drunages that are attnbutable to the unprurment of Lender's tnterest tn the Property are hereby asstgned and shall be prod to Lender. All MIscellaneous Proceeds that are not appbed to restoraUon or repatl' of the Property shall be appbed m the Older proVlded for 10 Secuon 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extenslon of the tune for payment or modlflcanon of runorttzaUon of the sums secured by tlllS Secunty Instrument granted by Lender to BorroweI or any Successor m Interest of Borrower shall not operate to release the lJabilily of Borrower or any Successors m Interest of Borrower. Lender shall not be requrred to commence proceedmgs agamsl any Success Dr m Interest of Borrower or to refuse to extend bme for payment or otherWIse modify amorttzatlon of the sums secured by tlus Secunty Instrument by reason of any demand made by the ongmal Borrower or any Successors 10 Interest of Borrower Any forbearance by Lender m exorclSlOg any nght or remedy mcludlng, WIthout lunnallon, Lender's acceptance of payments from third persons, enuues or Successors m Interest of Borrower or 10 amounts less than the amount then due, shall not be a wruver of or preclude the exerCISe of any nght or remedy 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obhgauons and llabIhty shall' be Jomt and several However, any Borrower who co-signs thIS Secunty Instrument but does not execule the Nole (a "co-stgl1er") (a) IS CO-SIgnmg tlus Secunty Instrument only to mortgage, grant and convey the co-stgl1er's mterest m the Property under the terms of tlus Secunty Instrumen~ (b) IS not personally obbgated to pay the sums secured by thIS Secunty Instrument, and (c) agrces that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodauons wllh regard to the terms of thIS Secunty Instrument or the Note WIthout the CO-SIgner's consent Subject to the proVISions of Sectlon 18. any Successor 10 Interest of Borrower who assumes Borrower's obltgahons under thIS Secunty Instrument m wnung, and IS approved by Lender, shall obunn all of Borrower's nghlS and benefIts under thIS Secunty Instrument. Borrower shall not be released from Borrower's obhgabons and lIabIl..lty under tIllS Secunty Instrument unless Lender agrees to such release 10 wntIng The covenants and agreements of tlllS Secunty Instrument shall bmd (except as proVided 10 Secbon 20) and benefIt the successors and asSIgns of Lender 14, Loon Charge •• LendOl may charge Borrower fees for servtces performed m connecnon WIth Borrower's defaul~ for the purpose of protecung Lender's mterest m the Property and nghts undOl tlus Secunty Instrument, lncludmg. but not Imuted 10. attorneys' fees, property 1Ospectton and valuauon fees. In regard to any other fees. the absence of express authonty In thIS Secunty Instrument to charge a specIfIC fee to Borrower shall not be construed as a prohlblUon on the chargmg of such fee Lender may not charge fees that are expressly prohIbIted by thIS Secunty Instrument or by Appltcable Law If the Loan IS subject to a law whIch sets maxunum loan charges, and that law IS finally mtelpreted so that the mterest or other loan charges collected or to be conected m connecuon WIth the Loan exceed the perrOltted !unIts, then. (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the perrOltted lunl~ and (b) any sums already conected from Borrower whIch exceeded penruued lnruts WIll be refunded to Borrower Lender may choose to make thIS refund by reducmg the prmclpal owed under the Note or by makmg a dtrect payment to Borrower If a refund reduces pnnclpa1. the reduction will be ' treated as a parUal prepayment WIthout any prepayment clutrge (whether or not a prepayment charge IS proVIded for under the Note). Borrower's acceptance of any such refund made by dtreet payment to Borrower will consnulle a wruver of any nght of acbOn Borrower ought have ansmg out of such overcharge 15. Notices. All noUces g1ven by Borrower or Lender m connecUon WIth thIS Secunty lnstrument must be 10 WJItlng. Any DoUce to Borrower m connecUon with thIS Secunty Instrument shall be deemed to have been gIVen to Borrower when malled by fllSt class mall or when actually dehvered to Borrower's nOUce address If sent by other means Nouce to anyone Borrower shall constitute noUce to all Borrowers unless 1000920-4702773396-1 J I. _ ~ Imtlal~ rVl .-BA(WA) (0012) Page 10 0115 ---Form 3048 1/01 .. First American Title 'First American Title 20030317002176.011 Apphcable Law expressly reqUIres otherwlSe. The Douce address shall be the Property Address unless Borrower has deSIgnated a subsutute noUce address by DOUce 10 Lender Borrower shall promptly DOufy Lender of Borrower's change of address If Lender SpecifIes. procedure for reporung Borrower's change of address, then Borrower shall only report. change of address through that SpecifIed procedure There may be oDly one desIgnated noUce address under thIS Secunty InSlrument at anyone urne Any noUce 10 Lender shall be gIven by dehvenng It or by mmhng 11 by flfSt class matllO Lender's address stated herem unless Lender has designated another address by nobce to Borrower Any nobce m connectlon WIth thiS SecUrlt)' InslnUDent shall not be deemed to have been gIven 10 Lender unUl actually receIved by Lender If any notIce JeqUlfed by thIS Secunty Inslrument IS also reqUIred under Apphcable Law, the ApplIcable Law requtrement will ,ausfy the correspondIng reqUlfOffient under IhJS SecUrIty Instrument 16. Governing Law; Severability; Rules of Construction. TIus SecUrity Instrument shall be governed by federal law and the law of the JunsdlcUon m whIch the Properl)' IS located All nghts and oblIgauons conuuned m IhJS Secunty Instrument are subject 10 any requIrements and lImllauons of Apphcable Law Apphcable Law mIght exphCltly or unphCltly allow the paruos to agree by contract or It mIght be stlen~ but such stlence shall not be conSlrued as a prohtbluon agamst agreement by contract In the event that any proVISIon 01 clause of thIS Secunty Instrument or the Note confltcts WIth ApplIcable Law, such confltct shall not affect other provlSlons of thiS Secunty Instrument or the Note WhICh can be gIven effect WIthout the confiIctlllg provlSlon. As used m thIS Secunty InstrumenL (a) words of the masculIne gender shall mean and Include correspondIng neuter words or words of the femlfUDe gender, (b) words In the SIngular shall mean and Include the plural and VIce versa, and (c) the word "may" gIVes sale dJSCreuon WIthout any obhgauon 10 take anyacboo 17, Borrower's Copy. Borrower shall be gIven one copy of the Note and of thIS Secunty Instrument. 18. Transfer of the Properly or a Beneficial Interest in Borrower. As used In thIS SectIon 18, "Interest m the Property" means any legal or beneflctal mterest 10 the Property, mcludillg, but not lImIted 10, those benefICIal Interests lransferred In a bond for deed, conlract for deed, 10stalhnenl sales contract or escrow agreement, the mtent ofwhtch IS the lransfer of htle by Borrower at a future dale to a purchaser If all or any part of the Property or any Interest 10 the Property IS sold or lransferred (or If Borrower IS not a natural person and a beneflctal10terest 10 Borrower IS sold or transferred) WIthout Lender's pnor wnUen consen~ Lender may requtre unmedlllte payment 10 full of all sums secured by thIS Secunty Instrument However, thIS ophon shall not be exercISed by Lender If such exercISe IS prohtblted by ApplIcable Law If Lender exercISes thIS opbon, Lender shall gIve Borrower nouce of accelerauon The noUce shall proVIde a penod of not less than 30 days from the date the nouce IS gIven In aceordsnce WIth SecUon IS wlthlO WhIch Borrower must pay all sums secured by thIS SecUrIty Instrument. If Borrower faIls 10 pay these sums pnor 10 the exp1f8hOn of thIS penod, Lender may 1Ovoke any remedIes permItted by thIS Secunty Instrument Without further notIce or demand on Borrower 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certam condlbons. Borrowt'r shall have the nght to have enforcement of thiS Secunty Instrument dlsconunued at any tune pnor 10 the earhest of (a) five days before sale of the Property pursuant to any power of sale conUtmed 10 thIS Secunty Instrumen~ (b) such other penod as Apphcable Law lOlghl specify for the termmaUon of Borrower', nght to relDslBte; or (c) entty of a Judgment enforcmg IhJS Secunty InslnUDenL Those condmon, are that Borrower' (a) pays Lender all sums whtch then would be due under thIS SecurIty Instrument and the Note as If no accelorahon had occurred; (b) cures any default of any other covenants or agreemenlS, (c) pays all expenses 10Curred 10 enforc1Og thIS Secunty Instrumen~ mcludIng, but not lImIted to, reasonable attorneys' fees, property InspecUon and valuauon fees, and other fees 10curred for the pllIJlOse of protecuog Lender's Interest 10 the Property and rtghlS under thts Secunty Instrumen~ and (d) takes such acuon as Lender may reasonably requIre to assure that Lender's mterest m the Property and rtghts under thIS Secunty InslnUDent, and Borrower's obhgauon 10 pay the sums secured by thIS Secunty InslrUmen~ shall conUOue unchanged Lender may reqUIre that Borrower pay such re10slBtement sums and expenses m one or mare of the followmg forms. as selected by Lender' <a) cash, (b) money order, (c) CertifIed check, hank check, treasurer's check 1000920-4702773396-1 .'6A(WA) (00'2) .. First American Title Page11of15 'nl,,~t:: Form 3048 1/01 · First American Title 20030317002176.012 or cashler's check, proVided any such check JS drawn upon an msUtubon whose deposits are lDsured by a federal agency, mstrumentabty or enuty, or (d) EleetronIc Funds Transfer. Upon remstatement by Borrower, thIS Seeunty Instrument and obbgauons secured hereby shall remam fully effectIVe as If no accelerauon had occurred However, thIS rIght to remstate shall not apply In the case of accelerauon under Seellon 18. 20. Sale 0' Note; Change of Loan Servicer; Notice of Grievance. The Note or a parual mterest m the Note (together WIth thIS Secunty Instrument) can be sold one or more urnes WIthOut prIor noUce to Borrower. A sale mIght result m a change m the enbty (known as the ··Loan Semcer") that collects Penotbc Payments due under the Note and thIS Seeunty Instrument and perfoons other mongage loan SOIVlcmg oblIgauons under the Note, thIS Seeunty Instrument, and ApplIcable Law There also mIght be one or more changes of the Loan Servlcer unrelated to 8 sale of the Note. If there IS a change of the Loan Servlcer, Borrower Mll be gIven wntten noUce of the change WhICh Will state the name and address of the new Loan Servlcer. the address to whIch payments should be made and any other mformauon RESPA requues In conneebon WIth a nObce of transfer of scrvIcmg If the Note IS sold and thereafter the Loan IS scCV1ced by a Loan Servlcer other than the purchaser of the Note, the mongage loan servlcmg obhgauons to Borrower will remam WIth the Loan Socvlrer or be transferred to a successor Loan Semcer and are not assumed by the Note purchaser unless otherwIse proVIded by the Note purchaser Nrltber Borrower nor Lender may commence, Jom, or be Jomed to any JudIclRl aCUOD (as either an mdlvlduallltLgant or the member of a class) that arISes from the other party's actIons pursuant to lIus Security Instrument or that alleges that the other patty has breached any proVISIon of. or any duty owed by reason of, tlllS SecUrIty Inslrument, unul such Borrower or Lender has notIfIed the other party (With such noUce given m complumce WIth the reqwrements of Seebon 15) of such alleged breach and afforded the other party hereto a reasonable penod after the gIVIng of such nobce to take correcUve actIon. If Apphcable Law proVIdes a I1me penod whIch must elapse before certam acnon can be taken, that rune perIod will be deemed to be reasonable for purposes of thlS paragraph The DOUce of accelerauon and opportumty to cure g1ven to Borrower pursuant to Seeuon 22 and the nobce of acceleeabon gIVen to Borrower pursuant to Seeuon 18 shall be deemed to sansfy the noUce and opponumty to take correcUve acbon prOVISIOns of thIS Seeuon 20 21. Ha7.ardous Substances. As used m thIS Seebon 21 (a) "Hazardous Substances·· are those substances defmed as toXIC or hazardous substances, pollutants, or wastes by Envuonmental Law and the followrng substances gasohoe, kerosene, other flammable or toXIC petroleum products, toxIC pesbcldes and herbICIdes, volaule solvents, materuds contammg asbestos or formaldehyde, and rruhoacuve mateflals, (b) "Envuonmenud Law" means federal laws and laws of the JuosdIcbon where the Property IS located that relate to healtJJ, safety or envuonmenud protecnon; (c) "Envlronmenud Cleanup'· mcludes any responsc aCbon, remedIal acuon, or removal acuon, as deCmed m Envuonmenud Law, and (d) an "Envuonmenud Cond1l10n·· means a condIban that can cause, contribute to, or otherwISe tngger an Envllonmental Cleanup Borrower shall not cause or permit the presence. use, dIsposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or 10 the Property Borrower shall not do, nor allow anyone elae to do, anythmg affeeung the Property (a) that IS m vlolanon of any Envuonmenud Law, (b) wh1ch creates an EnvlIOnmental CondInon, or (c) whIch. due to the presence, use, or release of a Hazardous Subsmnce, creates a condruon that adversely affects the value of the Property The precedmg two sentences shall not apply to the presence. use. or storage on the Property of small quaobues of Hazardous Substances that are generally recogmzed to be appropnate to normal resldenbal uses and to mamtenance of the Property (meludIng, but not lImIted to. hazardous substances In consumer products). Borrower shall promptly gIve Lender wntten noUce of (a) any mvesugauon, claIm, demand,l.wswt or other acbon by any govemmenud or regulatory agency or PrIvate party mvolvmg the Propeny and any Hazardous Substance or Envuonmenud Law of whIch Borrower has actual knowledge, (b) any Envuorunenud CondiUon, mcludmg but not lImtted to, any spuhog, lealong, dIscharge, release or threat of 1000920-4702773398-1 G·6A(WA) (0012) .. First American Title Page 12 of 15 Inlll'~ O.rv><] ":pt , ~:m 3048 1/01 'First American Title 20030317002176.013 release of any Hazardous Substance, and (c) any condtuon caused by the presence, use or release of a Hazardous Substance whICh adversely affects Ille value of Ille Property. If Borrower learns, or IS nonfled by any governmental or regulatory authonty, or any pnvate party, that any removal or other remed18t1on of any Hazardous Substance affecting Ille Property IS necessary, Borrower shall promptly take all necessary remeWa1 acUons m accordance wuh Envlfonmental Law Nothmg herem shall create any obhgatlOn on Lender for an Envllonmental Cleanup NON-UNIFORM COVENA.'ITS Borrower and Lender furlller covenant and agree as follows 22. AcceleratioD; Remedies. Lender shall give notice to Borrower prior to acceleration followmg Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleratIon under Secllon 18 unless AppUcable Law provides otherwise). The notice shall specify: (a) the defauUj (b) the action required to cure the default; (c) a date, not less tban 30 days from the date the noiice is given to Borrower, by which the default must be cured; and (d) tbat failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property at public auction at a date not Ies, than 120 days in the future. The notice shall further inform Borrower of the right to remstate after acceleration, the right to bring a court action to assert the non-existence of a detault or any other defense of Borrower to acceleration and sale, and any other matters required to be included in the notice by Applicable Law. If thr default is not cured on or before tbe date specified in the notice, Lender at its option, may requirr immediate payment in full of aU sums secured by this Security Instrument without further demand and may invoke the power or sale andlor any other remedles permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provlded in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title eVldence. If Lender invokes the power of sale, Lender shall give written notice to Trustee of the occurre~ce of an evenr of default and of Lender', election to cause the Property to be sold. Trustee and Lender shan take such action regarding notice of sale and shan give such notices to Borrower and to other person.\ as Applicable Law may require. After the time required by AppUcable Law and aner publication of the Dobce of sale, Trustee, without demand on Borrower, shall sell the Property at public auction to tbe higbest bidder at the time and place and under the terms designated m the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of the Property for a period or periods permitted by Applicable Law by public announcement at the time and place fixed in the notice of sale. Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's deed cODveying the Property without any covenant or warranty, expressed or impUed. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therem. Trustee shall apply the proceeds of the sale in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable Trustee's and attorneys' fees; (b) to aU sums secured by this Securdy Instrument; and (c) any excess to the person or persons legally entItled to it or to the clerk of the superior court of the county in which the sale took place. 23. Reconveyance. Upon payment of all sums secured by IllIS Secunty Instrumen~ Lender shaJJ request Trustee to reconvey Ille Property and shall surrender IllIS Secunty Instrument and all notes eVldencllg debt secured by tlus Secunty Instrument to Trustee Trustee shall reconvey tho Property Wlthout warranty to the person or persons legally enutled to 11 Such person or persons shall pay any reccrdatlOn costs and the Trustee s fee for prepanng the reconveyance 24. Substitute Trustee. In accordance wllll Apphcable Law, Lender may from urne to urne appOllt a successor trustee to any Trustee appomted hereunder who has ceased to act WIthout conveyance of the Property. the successor trustee shall succeed to all the btle. power and duues conferred upon Trustee herem and by ApplICable Law. 1000920-470277339B-1 •• 6A(WA) (0012) .. First American Title Paga 13 of 15 IMlal...::iM. .t?~ ) ---7 /:0: 3048 1/01 ~------------------------------------------------------------ , 'First American Title 20030317002176.014 2~. Use of Property. The Property IS not used pnnclpally for agncultwal purposes 26. Altomeys' Fees. Lender shall be ennUed to recover Its reasonable attorneys' fees and costs m any aebon or proceedmg to construe or enforce any tenn of tlus Secunty Instrument The term "attorneys' fees," whenever used 10 thIS Secunty Instrument. shall mclude Without lumtatlon attorneys' fees mcurred by Lender m any bankruptcy proceedIng or on appeal ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT, OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contamed 10 thIS SecWlty Instrument and m any Rider executed by Borrower and recorded With It WItnesses 1000920-4702773396-1 .~.6A(WA) (0012) First American Title ~ lc·?n~oO (Seal) LORA J. I CHAUD .Borrow" (Seal) ______________________ (Seal) -Borrower -Borrower (Seal) _______________________ (Seal) ·BoffQwer .Borrower (Seal) ___________ (Seal) -Borrower -Borrower Page 14 of 15 Form 3048 1/01 , 'First American Title . STATE OF WASHINGTON County of ~\"'.,. On IlllS day pOsonaUy appeared before me TIMOTHY P. MICHAUD AND LORA J. MICHAUD 20030317002176.015 } ss: to me known to be the m~a1(s) descnbed m aod wbo~ted the wlthm aod foregomg mstrumen~ and acknowledged that hels~Igned the same as hIS/h~ee and voluntary act aod deed, for the uses and purposes therem mentIoned 111V> fV7 '") GIVEN under my band aod official seal tIus of.. day of (;J{ 0h 0\ c::o.:, . 1000920-4702773396-1 •• BA(WA) (0012) .. 01 ry~er the State of Washmgton, tendmg at y AppomunenlExpues on l) -1'1-0(" Page 150f 15 I""I~~ Form 3048 1/01 First American Title 'First American Title 20030317002176.016 v SCHEDULE A The land referred to 10 this commltment 18 sItuated In the State of WashJngton, and described as follows Lot 3, of RevIsed King County Short Plat No 880059, as recorded under Klng County Recording Number 8302011019, belng a portlon of the west half of the northwest quarter of the northwest quarter of the southwest quarter of Section 15, TownshIp 23 North, Range 5 East, W M., 1n King County, WashIngton; TOGETHER WITH AN easement for ingress l egress and utilitIes cellneated as PrIvate Road on Revised Short Plat No. 880059R, as zecorded under KIng County Recording No 8302011019 belng a portion of the west half of the northwest quarter of the northwest quarter of Lhe southeast quarter of section 15, Township 23 North, Range 5 Easl, W.M., ~n K1ng County, Wash1ngtoni EXCEPT that port10n lying w1th1D the ma1D tract END OF SCHEDULE A NOTE FOR INFORMATIONAL PURPOSES ONLY The following may be used as an abbrev1ated legal descr1ption on the documents to be recorded, per amended RCW 65 04 Said abbreviated legal descript10n is not a subst1tute for a complete legal descript10n with1n the body of the document. N~, SE, 15-23-05 First American Title 'First American Title .. '" .'1 "I Pl#~ i j • p 7.' ., ;'''':'/S::~~ i:,:, :tl /1u ~.f.: .. ~. 8 OtWCD ot 1('''8. /I'r,. l8arcll.l:!" l!102.by Jr •. :! and TC" h1a wt het !larry'~c.,..Oa . "'~""' .. -:iiI JUlltica of tha.P"aca in and tor D11W81Iliah Preo1nct l' C" • ·th •. S cat .res nt Oeorget',wn .. ;o::J,:,.D.~ :T-'tlad sap 10, 1902 4:7pm . ,''''Da'~d Aug 21. 1902 con dOO .!:-: .. :aI. Hammond Wright and 'Prances p. Wright h-1ii wi'.·· . .:~ . ',' ':':'Deed l"U .. d ~ap'.lO. 1902 4:45pm ~ }, . '»8 ted Jun. II. 19(1-Con $3146 •. ~O , .... , ... ,,· ... tt., ... _"'. _'""!."' ..•. ., ..... ~.,_ .. . ~ .. _.:':'(~o. --; . .' " ,.., 0$ ...... First American Title 1! Y're::: ~:' ,"fI'll •. .tt o~ b4 I! A l'a">'_: . "!:~ .. -.. , .... ~ " ~ . ........ ~ • 'First American Title .. ' ·.-cr .. . ',,', :.,' ,. '.~' .; . ;,"!:. -,,' .: i . (t 1 .' ..•. • j"";.,,-. .. :.~ .. , '. ;,'. ~ ' . " '.J' ., • . -,' :,0:::". ':_ "":. ." '-'-:';.:z"~';"" .~~ .. ;~!~.:y.t~-: .. ~'.~ .. ' .. , . -....... J .,bP4-ol-vt::-1 -~6t-. .u ..... ...-., r:-:----, _ , .t:, ~ ....... ~:~ ,i~.:" , i, :",IV~ jO WI"" ~ ". .h_-:_~ ~~1.7 . ..~.~.:, ~~~":':.,.::. I . r-. T /1' .::,~~. i (Reservations and exceptions ('ontained in deed 1'1'0111 the 1'1 Northern Pacitic Ra11w.a y Company, \Iftd" ..• ~ch::.UUe i ~J.e"'d, recorded S~Ptember 10,1902, in--vo. AIle 298 ',' oe d.II46 ... ·PBee .. 306. under 8U(!itor"s f'11e Mo. 2~1250. : ' I Mcuirda·'ot. aaJ.d-.CIO\mty I 8ub!lt!llltially as t011O:-'<a) . I Reael'ving and exeepting 1'1'0111 &aid dsscribed p~'e. ~ . 'I' 80 .-uoh and suoh parts thereof' as may t .' 11' . I Ii . '''''nta1n ooal or iron and also.the uae 'ADd i: t right and title to the use Of suoh .urtaoe Ii ground 811 may be necesssry tor 1!11ning operations . I; &nci the r-1ght or accee .. to .uoh reserved AI'Id auepted. Ii lllineral laneSe, inoluding landa containing ooal' or ··il : ,'In, tor the purpoae 01' exploring, deVeloping and . l' WOrking the same. , ~ , . . -', \, .. ,'.:.-, --" " , : ~ -. .......... ,-, .-.... ~ --. --.... , . .' . ;., .... ----'--"'------"--- First American Title First American Title 9. Exception 08 8105290905 .~. ~:~ ... :.-.----. ;:.--. - • , -" '. " RECORDED m~ DAY l1li29 2 561'11'81 MARVIS M. MILLER & MARY E. MILLER, husband ~nd,~~W~i.~f~e~;~:~;;~;~~~~~~~ ATi.iNSQ~~~h~Sban(f: ilnd". 1II.(fe: ,as 'thdr interest' t';ranlv.r'· b.-rein I. ta'aJlts: t.'un\ .. }s .In.! \\"a'tol.!Il~ I'~ Pt'Ct-:r SO(;XD I'O\n:R '" co.'" "p:Waliof! n~r.lnl."·" h,·r,·int. fUI Ih.: !,lLr,~O!\t'S h .. r.·in.lfh'r """ '''rlh. d ,"'1'1'<'111111 rJSt.'m"nl Undt'f . .,Q-oss and O\'er the rol· Im'in,~ dMlCtih .... : •• _,I JIf1>'''',"I~ Ilh.· "I'Nlot:rl~" h~'rdn'i • _ J<;~~q ___ l;':Klntr. \,\'i!l.hin,rton. The south 260.11 feet of the West 1/2 of the W..:st "1/2 and the East 1/2 of. ~.he West 1/2 o~ the Ncrthwcst 1/4 of the Northwest 1/4 of the SOutheast 1/4 of section'lS, Township 23 doctn,. ttange:; ..:as .. , W.N.; Sii.;.1,I4l:.t;ol 'lu Kiug County, Washington; 8eln9.Lot~ 1.2,3 and Tract ·X· of.proposed·S~C'~t Plat NO. 890059R. 81/05 .... 29 RECD-F CASrlSL -. . 000000.00 ,uc'"rl u.<t. "'~~' ti.! Illht'fWis.: St'lj,lflh herein Gr'lnlo'f'·s ri~hls :<1':<111 ho~ p.x~rtist>(t up(I1l That pnrlion nllhe Property f1h~ ··Right. "~'. , ," : .. ~ ., , : ,'" of \\'a\··· twordn! dMCl'iI"", .I~ fnlln\\'~: .\ Ris" I ct ;·'i..-...=~-_-....!:...~~:-:..f.-r.tin~·;dtnir.rr.Tl~::-:-:':-.. ==:::.=·::: ... -'::.~ ohin::h~lrmn:ac:tn:tdc-~et .. I .. ~~~: The nort.· 10 feet of the east 10 fe·et. of 'the south 260.-11 feet of the 'West 112 of the West 1tl. Mm. the west 30 feet of the north 560 feet of the East 1/2 of the West 1/2. I. Pu~. Grani,·(· :<h.111 h.l\·,! Ih,' ri~ht In r.onstr!lCr, npOOf.III,. mainlain. repair. r~"lac.! ~iul tmlar!!t' 3n undergrround rlwric If:ln.~mi!<."i"n anci;hr .!i~trihlllinn ~)'~h'rn,lll''''' ;u1\1 IInd.·r Ih,' Ril!ht .. of .. \I",lY lo!,!,'lher "llh all ne'C~:Iry or oorwenlel11 ap- pur1,!nanr:i~ Ih.~rd(". whIch OM}' includr hul nTl! n"llimi" .. 1 In Ihe folln\dn~: 'm,j"fl(l"uund conduits. cable$. wmmunicalion lin'>.<: \ .. t~III$. manh,,!,'~. s\\ilcrws. anot Ir.ln'(orr:h'r,_: and .~'~mi .. hllri,'d or ~T!>IIIIII m,"mlt·ot fo.dliti,'~, FolI'.Iwill!lthc initi~t con .. ~rM:li:"l "f il~ Tndhli,~s. Cr,Hlt,·" m.lr frol:! :im(! I" lim" ,0nSlrt'~(su(:;h aliriilion;.! fudlillcs as il rr.ay reqll: ..... t ~i..:ranll't' shall have the n¢ll 01 aco'SS !o'th" Rl)lhl..oI .. Way O\"!"!f JIlII acn>$$lh~ PropertYlo ~n3bleGiantee to exer .. ciSo;' its 'ri~I'I~ ht"rf':mder. prnddf~l.lhHI Cr,lnl!!'! shaH Cllmpcns~t., Gmnlnr fnr :.Jny rl~ma~c lu Ihe Properly caused hy the \lxet .. (.i~ nf s;lirhi~hl of a:~r.t'!i.\ 3, ObiolructiGm: ~pi.nJ.Gfanlcc m;\;. ;rom lim<~ 10 time reman! tr.-,..,s, iJushes;orulher obslructions \\ithin thn'Righl .. ()f.Wa.~· and may lewl anri p-ade Ihe Ri,lllil..of .. Way 10 the elltenT reasonabh: neces.o;ary 10 carry out Ih~ purposes sel forth In para!'"llph I hn~!!"r. pro\'ld~d, Iholt follo\\'ill,ll ilny slich wcr.k, Grilnlec shaH. 10 the cxl.ml rea50nahly p:-acticablE', resrurt! Ihtl Ri&hl.of .. \\'ay In Ihe wndition II wa, immr.djatf'I~· priN 1'1 such work, l'ollowj'IlS tne ilUlalll'l:lion of Gfanl~'s underground fllr;i1i!ifl5, Granlnr may IImhHlalwany nrtlimlry iml)rll\"p.m(~OLq to'ihe landscapinp. fir Ihe Ri~I .. ()f·Way. provided rhal no Irflf!5 or olhrt p',int! <!tal! 11I"plar"d thN"OIl which \\'imld II!! I!nff·<lsn~~hh· "xl't:llsiv,> ur ir.iprnclical for I~ranlee 11> remo\'e and rt!~tnr(', 4. Gr ..... lot's Ute of Righl-of·Way. Gran!"r n~<l'r.'~~ Irw ri~h! tn U~,· !hn Ri~ht..of .. War ror any pllrpo$C nol inC'Jn~islcnl \\ith the tilth,s h~~in .IIt<tn!t!d. wo'1d~: Ihat Gr,lnt~r sh,,1) not t.nn~lrud nf m;;i/lt~io an!, hlliJdin~ or olher struclure on Ihe Righi .. of .. \\'n\· whio:hwfluh! intnrfnre with Ihe l'xf>tci~fl of the ri!lht~ h':n'in !lTilnINI: th(l\ nodi~,nR, IUnnl!1inR or .,!t\~~ form 01 ton .. SlruClii'n ac1h-Ily ~haU he doo(' un. Ihl! PrOl,erry which would di~turh Ih" oomraclion or un('arli" .. Gr~nlee·~ ,ac.ililie,1 on Ihf! Rq:hl.d .. Way, ur endanllotlf tht! '''I1'fill SIII'l'orl ro :<airl r"r:illues: <tnd thai on hIJ,tin~ !hall hi! done wil~jn 151eet of Ihe Rii2hl-<lf .. Wa)", . 5. lndemnity. By acceptil18 and retordlng Ihls easement Granleu agreeJ to indemnify and hold harm/es.s Grantor rrom any ane all claims 10: ;njuries and/or damageSluffered Ily at1~· poerson wh!ch m~)" h~ caused b)' tho Granleb 61<CrtiJe 01 the righu he:rein granted: pr,wided. Chat Gr-..nlee shall not be responsible 10 Granlor fUf any inluri~ and/or dunages to any pe-Mn r.awed by !lets or omlssiuns of Grantor . •. Abllndeonrnenl. Th.-. ri~hls h{!r.~in Ilrilnled ~Imll tunllune unlit slIf:h limn ,,::; (iranletl cca~('s 10 ~lse Ih(, Ritin: • W':I' hI! .1 period or fivc f~t ~ur.~,~ssh·(~ Yf!;ln, in which !!w!nl lhis ':il~'!m"nl ~"a!1 !r:rmiIlJt,: 'Int! all ri~hls hereunder shall fr~' ·'1 I ;(,011. IlIr, I'f(I1'itil111hat no ahandllnmcllI ~:'alllH~ d"'~ml~l !o h~\'f' !lcr:llrrcd hr n'<I~(Jn "I Grantec's failure !II inili:!lly 1Il~!~JllI~ rllr.ilili,..,~ un th~ R[l!hl .. ,r .. \\' .. ~, \1;lh:,~ o1n~' /,Ni",1 t,f lim', frnm Ih(! d,lt" h"rc'lf. " SU~1Oft ilild A"i~.1."hp. ri!l"IS an,t "hljg~linn~ of I). .. 1'~r!I"> sholl in:m' II. Ih.~:hcncrit of and be blndiog ll'lOn their r<!sJ~.!I\",' ~'1I".cHs~~lai'6 ~!-~UffiS. fIlED FOR RECORD AT REOUEST OF; 960236 PUGET PQWI:R ~"' '.. _. , .... _. 't .. ·-:-,· KJ/44 flEAl EsrAfF. OllfJSlu!IJ .• ..,' 235/60 PI)Cif:T f'OW!;il BlDG. I;: ':-: (~" ;::';. BELLEVUE. ·-NASHt"~,·(iTOI. 9~ .. ,xli. 111 J & ~ _ .. _ i.1;'i"i":,i:: I;.' ,. ... .~~~------.*!~,~,~~-. Description: King,WA Document -Year.Month.Day.DocID 1981.529.905 Page: 1 or 2 Order: KR Comment: First American Title ,., -' First American Title ~'. Qi' . . t: .. I I ; :>A1iIIi~ ·"v'''"' "'y.oI :.c:~.f._' (;'-1 ... c_~ _-._." ·U. __ H _·_··_ . , ... ·01 • 1I..:l...L . 8 ~ ~ STA'!'E(WW,\..o.;'lIINGl'O:': a) a>UI\TV m' . 'King ·On lhis' I'~) 1 ... r~ln.lil~· a"j"';IMI h.Aor.· :110' l-l:l.rvi,s .. l'f.. and Kar; Eo .. Mjj.1.t;;.(. ____ . ___ . __ 10 I!lt! known In 'M" ,n., illllidlt'l3l S _ "'l'S\:rih.~1 in ;oll.i Whol ,·,,!'Cul.,,' til<' wilh;n <1n,1 f",.'j.'(I;OjI iru;tt'UmP.tlt. !Uld ;iodmrowl~ lhal .they . Sij.!lh'fl'II>" ~;,nw ,l< ,their ft.,,> ,m,1 \dl1l\!:lt~' ,'fl .",,1 d.-,',I f"r It", 1l""~ .'nd :'Utl~o:o.'S tht'""" m(!nrio'lf!d. SiAn: OF\\,:\glll~c;m:\ SS . Q)lI~~TY:>F Kiri:g . I ------>.:.:-~.".: --!~::"'::':':'~==-!...'...,.-..J..:~'--.. --~--. X,}lil~' Puhlir ": ,ifill f'lr tht Slale CIt' W.lShiJ'Q!kln .. fl'~itlinll al _ . __ ~·_ .. ,_.F-, ..:...-.. _______ . _______ . __ ,. On Ihis !la\' per.;onalh npfII,;,r,.,,1 h"fom mo' .----.----.---------:----,--,-:----,-...,--,-,-.,-CC- 10 m~ known',n h,~ the i~dl\'irlll~I __ d'·l\Crih.~ in anrt \\ho exccillcd the wilhin and fOfl~"Oin~ in,irument. anJ ackno\\"ledKed Ihal ' __ ~ __ !:il-,"."i th·r· r.amt' a~ _____ fre,' nnr! I'oluntary J.·t and r! .... r! for I:,,, 1I~~ ,;nd Jlurpml~ tl1rrl'iri mfntiool'il. GIV£:-.1 IInd,~r my hand nnd ofridal ~·.llihis ___ ' ...• day nf • ___ ..• _ .. __ .~ .. _'--__ ~_. ___ .... 19_._. ~Txr~: ell' W:\SIII:\"I:'ro.'.: I !;S COl IXTY OF I :\"o! .• ry I'u!,lir. in (II'nl for thl! Sue .,f \\"ashio.£Ion. r,-sini.;)! ill ._._. __ . _____ . ____________ _ CORPORAT£ ,\CKNOWLEOGMENT .. _"" ..• HI _ ... , hdor\." me. 1he uMl'rsi.rnL"'n. ilCI"3Onally appeared nnd ____ . _____ _ 10 mr, knnll·n 10 "I' Ih~ _________ ••... ____ " lind _ ... ___________ _ .. respectlvelY.l1f ._.". __ . Ihl' r:ol'fHlralion Ihat cXec\llro Ihl' foregOins instrurnc<l!. ~nrt al;kom~'I.;dj:l!d Ih" s,"lid inslmm"olln lIP. Ih.~ frl!!' ami ,·nlunlary aCI ,md dc,~·i ;)f said ~tp"ralion. for the uses and purposes Iherein m"nrinn.~L a'ld m, .~!Ih ~lilh'lllh,lI _.:._ .... _ •. ___ ._._ . __ 'llllhnrizeriin 'lX.,Clllp. In!l said inslrumf'nl and Ihal the ,,·al "ffi:-;rd ill 1h.~ mrp'mtl.· SI·,,] ,,( !l,.io! r.("l'nr.lIi,1n. .. --.---....... --.-.. --.--.-~-~'1Iary PI,hlir.ln MId for Ih~ Siale (Jl \\'a.~hin~lon. rf!sirlin~ al -':':::: •• : '<' ,.U;liI'~"'o!Y"",,,,,,,,,,,,'''t .. t'''W''''4 •. ~ Description: K1ng,~ Document -Year.Nonth.Day.DocID 1981,529.905 Page: 2 of 2 Order: KR Comment: First American Title "-.:~ . 'First American Title 10, Exception_09_ 8302011 019 \ S.-1L T.~ R._'_ '-----' Filed tor recc-td ... t the re'qUf<St ot: Return to: Buildirl{l" & Land Deueiopnent 4~O XC Administration B14I . ',Seattle, Washi7lgtcrl' 98104 . DESCRIPTION S!tO R T P LA" ,N 0' ...:'""=0",,,' ',-' __ ~_ : K II'G COUNTY, WASHINGTON Dep.!lZUll!tlt: or Pl.arrning .. lid ~it!l DIEW.lo~nt BuJld'ing .nd Land Dlrvelo~t Division EuminH aM' .ppr~~ thJ$ ~'\ . tU'I of ~-¥~~~ __ ~_"l?~~ __ ~~ P1rvelo,.,mt DivisjOf) Dep.llrtlllellt ot Public Works" £"dmir.ed and approved this ~!J ot "~~rX?;;~ , , Di rectol'" . '\ -.or.; I. 2 J.ND 3 ('R JaNG COONTY SHORT PUT troMi~ 880059 AS REC,ORDED tnrnER A.F.#,BI07010684 SUBJECT '!O BASEMENT FOR ELECTRIC SYSTEM AS RECORIED tINDER A.f.f 810S2909U5; ALSO SUBJECT TO USF;HEHT lOR VATiUt ~lNS J.!> l\ECORDED UNDER A~F 0" 811I240491: '"'" Map on File in "'''ull First American Title 6;:,;Q2'(1~ 1;:2":'[< F .,,-0.0 ':;;2,oQ ! \ Page 1 of ~ L .' , "'-." ;', , 'First American Title ". .. • 3 ~ \ ~ ~ ~ ji .. 1 • :':';;If': . .'. :-... :.:.;' .:;~"'';''; . . • ::'.. :'l': ~-:~?, .:~ ! ,1,_".·-"',,1-- ,'j 4--. wP.P.Wt!G: Ring County "has .. no fe~.¢:::;:::-;:~:y 1:) t:~;;~, i:~?':::;~. :T:J:;;:J:i1 .~ , ei' ~:~':':\':"'? ~~;\'\'::; :::l). ::r:.!:'.tt r:':;':: .. "c,,;,::::,:,(:J ',,:;::;;"1 C: ~;,~~'::::A s~;\'i{,.; ',,,' . the pr('~fi:j Gasai;:-d :;1 this" stort ~:<i Said easements to be ,maintailed. repaired. and/or rebuilt by the ownel'S of the parcels having legal ~ccess tl1~refrom-. and th'eir l\eirs. aS$:gr.s or su('ces!.Ors. unless and until . such Toads are irepro".'ed to King County standards and are dedicated and accepted by Kilg County for mail"""""'-. ,O~·It.·""''''''1 .~"t.--~ "!' t I f' -_._"------~-======---.. -----... . _ ............ . -~ F,'. :=-+-e .~ o ...... . --'" l,: ... rtlt J.:.at", ~,)._.,...,..:=.= ____ ....;. __ RE lk." .. " ._--_ .. --,_.-" First American Title 'First American Title "- '.' :" ',,'. -' , -' .. -" . " .. ------. . ~-D.ECLi'\RAT IOli: \ " I \ .iC'fUW' 'AL~ ~",,' I'y t'1(:S~ ;or~sents', that <lie, tile' underSigned,:' Owners in' fe~ simpl~ .land c,ontract purchaser(f;) j of the lanJ" herein described, dO here- by revise. Short subdivision Application No. '_ ZSO{),. fA' ~s re- corded ur:!er Recording,No. "g&'X;$"( -' , 'Re~rdS of Klng County. Washington,' and by thi9 Rensed Short Subdl.Vision. thereof pursu- ,ant to RCW 58.17.060 declare "tt.is revised shc"'t plat to,.be t.tte graphic repl~sentation of the same, and that said re ".sed 's.hort' subdivision.is I13.de with the free Consent, and 'in accordance with' the :desire of the . owner{s}. . IN WITNESS WIlEREO! We ,have -set our hands and seals. Vice President [ STAn; ,OF'~.:...lJ".!':..' ":".00 1 ~J' __ ~i~'l~I~,gL-______ --Jr-. Sbo)':"t Plat :\umbcr Yy~c5<j .: Pagc_3 __ o f __ ~ __ _ . ~. First American Title • ,-r 'First American Title "~.~ -'~-'" \. '. . . , ;.--_ ... - .-C, __ • *"~ .. "',... .. COVEN," \ T.;act{s)· eK'IVATE. ~ ..... designated upon the' plat 'as a private road and thoroughrare.~ described in tbe King County-Comprehen- sive plan as II: "local acce~s street or road" and in accordance 15itb the standards thereiD, ,may be ref"J.uired for future County street; road. or tho~ougbfa. e. . . 1. -The owner, bis grantees and aSsigns, bereby agree to. dedicate Tract(s) . . to li~B County for righl-of-way and street purposes, at such time as said Tract(s) , is/ar~ needed for those purposes. A Deed conveying Tract(s) .""",:;;-,;,;:::-_ --;;;;;:;:;;--.r.;-:;; to King County shall be executed by· the ~er. Lis grante4::s and assigos. and shall be dt:li- vered to ling County ~poa ~emand. 2. The owner. bis grantees and aSSigns, hereby agree(s) to participate in, and/or-not oppose ot' protest·, the formatioD of a COunty Road Improvement Distric~ (CHID) pursuant to RCI' 36:88' or any Road ImprovetPeot pr(;ject . sanctioned by I.1nB-County which is designed' to' improve Tract(s) aod the 'illlDediate street. system of Wbicb it 15 a part. T~iDg of tbe fo~ation of said CRlD_or other road improvement project:' sball be determined by King C<?UD.ty. The ,street improvement autborized by tbe CBID or other road 'improvement project shall call for'the improvement of Tract(s) PNIV4T£ @ . aod its iomediate street ,system to at least tbe minimum ling,County road standards applicable to the ·CRIO· or otber road project is 'formed; provided tbat, . in situations where there is a multiple ownership of properties' par- ticipating in tbe formation of the CRID, or other road improvement project. if a majority.of the property owners waot a bighe~ standard, i~e •• curbs, gutters. underground d",inage~ etc. ~ that standard sball prevail. ' rage _+_ of _"_ R EVI ~,,"\ M First American Title • : ---------- First American Title - :-, ~ '" c l;' i;; 0 '" '" I ;:0 ~ ~ "" :=: ~ .. -- • • • ca!mCA1E r. the u:J::c rsle:ned, bt;r'7( aert of the City Qf Renton, Wts~Jnr.:Qn. eenify that this is a true ~ ... "" .• ~ t>. '1!.(, 'ndCorroctcopy~ ORDINANCB NO. 01612 .all OllDDlDCI: 01' tD crrr or 1lDTaI. &SJIIIIQ'fCa, uu.az.X8BIJIQ AJf ASSUSlllft DIBnlCf Pm 8&II1'nRT SCIIKil 1JDVlC2 nr A vonxo. Oi" !Sa IOO'rB BIam...DS. 8U.mu DOIIIIS. AIID KUI.DfOOD WI-BUDS UID IUULIaDIQ TO uomrr OJ' 1'IQI: C8J.&GI OPQR' CCBQIIiC'nClf 'to 'fD rlCIL.I1'DS. TUB CIn COUNCIl. OF TiIB CITY OF RBlfI'ON, 1fASBllfGTOH, DO OIWAIN AS POLLOWS: 'n1ere ie hereby created a Sweazy Bewer Service Special A6:seanent Diatrlft for the area served by the But llent.on &aniu.Ty Gewer Inull:c.e:ptOr in t.ba northeast quadrant ot tbe City Of J.enton And a portion ot ita urban growth area within descri.bod 10 lXhU,lt "A," anacheO b.ereto. A u.p of the service area is attach"'-as Bxbibit "'8," 'I'be recording ot this doc\.IJDIant iii to provide aotitication of potClti41 cODlMlcHon an(! intereat charges. While t~iu CQmUIctiOD charge .. y till! paid. at any time, the City does not require pa)'l*1t until aucb tiM .. the parcel 111 connected. to and. thua bene:fit1..Dg trom tlle 8ewer taciUelee, The property may be Bold or in usy. other way cbange banda witbout triggering tbe requir..ent. by the City. of PI)'IIIIlDt of the chargea ••• ociate4 v1ui thi. d1n.d.ct. AGVSW II taciUU •• in thl. SpecJ.al ...... .-nt Diltdct am widell prapenl .. Description: King,NA Document -Year.Mbnth.Day.DocID 1996.621.966 page: 1 of 7 Order: dfhdh Comment: First American Title • • • First American Title • - • • 1- ORDiNANCE~ have not been charged or aseessed with all costs of the Bast Rent~n Sardtary Sewer Interceptor, as detailed in this ordinance, shall pay, in addition to the payment of th~ connection permit fee ond in a~d1tion to the system development charge. the following additional fees: A. Per unit ChUS!i!; New cormeceions of residential dwelling units or equivalents shall pay a fee of $224.52 per dwelling unit and all otber uses shall pay a unit charge ot $0.069 per square foot of property. Those properties included. witbin this Special ASsessment District and .... hich may be aliselSsed a charge thereunder , are included. "iehio the boundary legally' deacribed in Bxhibit -A· and which boundary ia shown 00 the w.p attachad as Rxbibit -8." DaICli III In addition to the aforestated charges, there shall be a charge of 4.11\ per annum added to ~he Per Unit Charge. Tbe interest charge shall accrue for no more than ten (lO~ years from the date this ordinance becomes effective. Interest charges will he simple interest. and not compound interest. SlC'tICli xv This ordinance shall be effective upon its puaage, approval, ·and thirty (30) days after publication. PASSED BY THB CITY COUNCIL this l.Q.tb. day of JuDO 1996. 2 Description: King,HA Document -Year.Month.Day.DocID 1996.621.966 Page: 2 of 7 Order: dfhdh Comment: First American Title •• • ------------------------------ First American Title --~-'" -\Y---~ --~--r-' --. -.-.---- • - • • 1- APPROVED BY 1iIB MAYOR tbis 10th day of _J"u"n"e'--___ , 1996. Jes Tanner, Mayor Appro~as to fOml: cj!:a. .. ':-Ih >.4P ~, 1 :4 L&wrence J. Warren, City Attorney Date of Publication: 6/14/96 ORD.576:5/20/96:as. , ! - Description: King,WA Document -Year.Month.Day.DocID 1996.621.966 Page: 3 of 7 Order: dfbdh Comment: First American Title ._-... • •• •• First American Title - I--... ,~- • • • Exhibit A LEGAL DESCRIPnON OF lliE SPECIAL ASSESSMENT DISTRICT FOR THE CITY OF RENTON -EAST RENTON INTERCEPTOR PorUo~ oc.secUons 8,9,10.11. 14. 15. 16. 17.21 and 22 aD in TownshJp 23N. Range 51!; W.M. in KIng County. Was}oJngton _on 8, Township 23N, Range 6E W.M. All of that portion of 5c:ctton 8, Township 23N. lWlge 5E W.M. lying East of the East right-of-way lim of SR-40S and South of the following de1CrlOe,fline: Beg1rudng at the intersection af t.lle East line of 8aJ.d Section 8 with the centerline of NE 7Ut Sb'eet; thence Westerly along &a1d cenWUne of NE 7th Street to Its int:eraecUon with tlle centerline of Sunset BouleviUrl NE; thence Northerly along the centerline of sunset Boulevard NE to the North line of the Southeast ~ of said SectIon 8; thence West along said North line to the East right-of-way llne of SR-405 and the tenrdnus of &ald line. _on 8, r_ip 23N, Range SE W.II. AU of Utat portion of Section 9, Township 23N. Range 5E W.M. I:ytng South and Eastofth. follawlDgdoscrtbcdllne: ~ on Ute centI!rline ofNE 7th S1n:et at Us In~n w1th the centerline ofEdmatlds Avenue NE; thence Ea.sterty along the centerifne of HE 7th Stmct to its Intersection wtth the centerllne of Monroe Avmue NE; thePce North along saJd _ ID Ihe South I1ne of the North<ast 14 of safd _ 9; thence East along said South boe to Ita to.tersecUon with the c:c:nterlJne of Rtdmond Avenue . HE: thcnc< Northerly along _ centerlu>e ID ItS InIenocIlon with Ihe ClCtIIcdlne of HE 10th St=t; thence East along __ ID the East Ilne of said _n 9 and the tennlnus of said UDe. -.to, Townohip 23N, Range 51! W.IL All of that portion of Section 10, Township 23N, Range SE W.M.ly1ng Southerly and WeoterIyofthe foIIow1n,gcl<ocr1bed line: . Beglnn1ng on the West tine of Section 10 at Its IntersoctJon with the North line of the Sooth \!O of the North \!O of sale! Socllon 10; th<tlCe East aIo~= North line ID Its _ wItl1 the __ of l42nd Avtnue SE: Southerly along <aid =-to ItS _n with the North Ilne oflhe Southeast \I of oak! SectIon 10: thence East along oak! North line ID Its _ wtth Ihe East line of oak! SectJon 10 and the tenoInus of IIIld line. '*'--_ ... Description: King,WA Document -fear.Month.Day.DocID 1996.621.966 Page: 4 of 7 Order: dfhdh Comment: First American Title . , • • • First American Title • , 'J _. ----------;--,.-,--\.....---._- .. II • lLgdI Description of tJze Sp«iJlI ~ District (or the Qty o[RtI'Iton -&st hntotllnttrap!ar Seet10n 11, Township 23N, Range SE W.M. All o(tlle Sruthwes( ~ o{Section 11. Township 23N. Range 5r; W.M .. Sec:tlon 14, Township 23M, Range 5E W.M. Pap 20[3 AD of that portion of Section 14, Townshlp 23N, Range 5E. W.M. descr1bed as follows: AU of the Northwest ~ of saId section, together willi the Southwest V. of saki ~n. except the South Ih of the Southeast !4 of 58Jd Southwest 'R and ~t the plat of McIntire Homesites and 1h of st:reets adjacent as recorded In the Book of Plats. Volume 58, Page 82. Records of King ColUlty. Washington. and except the South 151.55 feet o(the East 239.435 feet o(Tract 6, Block 1 of Cedar River Five Acre Tracts as reconll • In the Book ofPbits. Volwne 16. Page 52. Records of KIng County. Washington. Jess ~ of the street abutting said portion of Tract 6, Block I, and Itss Ttact 6. B <:k 2 of said Cedar RIver I'M: Acre Tracts.1tss ~ of the street adjacent to said Tract 6, Block 2, and except the South 82.785 feet of the East ISO feet of Tract 5. Block 2 of said c.dar RIver I'M: Acre Tracts and less III the stnrl adjacent to said portion of Tract 5. Block 2. SectIon 15, Township 23N, Range 5E W.M. All of that portion of SectiOn 15. Township 23N. Range: 5E. W.M •• except the Southwest lAo of the South~t IA, of the Sou~t '" of said &ectlon. SectIon 16, Townehlp 23M, Range &E W.M. All of that portiOn of SectIon 16. Township 23N. Range 6E W.M., except that portion of the Southeast '4 or the Southeast V. or the said SectklD 161ytng East or the East line of the Plat of Maplewood Dtvtsion No.2 as recorded in the Book of Plats Volume 39. page 39. _ of KIng County W .. b1ng!on and Its Northerly extension to the North Une of said Southeast ¥.t of the Soutbeaat V. of the said SectIon J6 and cwcpt that _ of said ocdIon lying Southerly of the Northerly right-of-way Jlne ofSR-J69 (Maple Valley Hlghwayj. SoctJon 17. TCIWI1SI1Ip 23M, RangoSE W.II. All of that porUon of SocIIon 17. Tawnshlp 23N. Range 5E W.M.. lying No~ of the Nortbeasterly IIgIlt-of-way of SR-I69 (Maple Valley HlghwayJ and _ of the l!a8t rI&1rt-of-way llne of SR-405 leas that portion lying gm<nlly west of the East and Southeaaterly line of Bronson Way NE lying Description: King,~ Document -Year.Month.Day.DocID 1996,621.966 Page: 5 of 7 Order: dfhdh Comment: First American Title I i :1 1 , ! , • • .. -------------------------------------------------------------- First American Title - 1- • • • be~ the South line of the NE 3rd S~t and the Northeasterly marg1I1 of SR~ 405. SecIIon 21, Township 23M, Ronge SE W.M- An that portion of SectIon 21. TOWllSbJp 23N. R 5E W.M. lying NortheaBtcrly of the NortheaBtcrly rtght-of-way"'" ofSR-I69!Ma1>1o Va1ky Hlg/lwal'l and West of the East line of the Plat of MapJewood Dtvtslon No. 2 as recorded In the Book of Plats. volume 89. page 39. R<conls of KlIlg County. Waahlngton. _ 22, T..-.!p 23M, Range IE W.II. All of that portion of SectIon 22. Township 23N. Range 5E W.M. described as fo~: All ofthc _ .. of the Northeast" of eald -. 221v1n1! Northerly of the Soutborlv"". of the Plat of _ IIdgbts .. r=mIed In tJ.: Book of PIafs. ""lume1a. pages I through 4. R.cordsofKlIlgCDunty. WasblngtDn. Together with the North 227.11 fc:c:t of the West 97.02 of the Northea8t JA ofthe Northeast JA or said Section 22. • -- Description: King,NA Document -Year.Month.Day.DocID 1996.621.966 Page: 6 of 1 Order: d:thdh Conauent: First American Title •• • • First American Title . -- ',".,-,.,. -~. • • • Exhibit B EAST RENTON INTERCEPTOR Sp.cial A ..... ment District Boundary l -. . .. Description: King,NA Document -Year.Honth.Day.DocID 1996.621.966 Page: 7 of 7 Order: dEhdh Comment: ' First American Title I , •• • First American Title 12. Exception_1 C200911 05000541 Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, W A 98057 mU~I~~ 20091 CITY OF RENTON ORO PAGE-HI OF el~ tt18512e09 10:24 KING COUNTY, UA 20091105000541.001 76.08 Plca.'c prine or type inr(lnnllli(ln • over WASHINGTON STATE RECORDER'S C Sh eet IRew 65.(4) I Document Title(s) (o. t .. ",sact;on, cnnto;",d th"cin): (all ... ", "!,pH,,bl, to ,ou, document must '" fill,d in) I. Ordinance #5465 2. 13. 4. Rererence Number(s) or Documeou assigoed or released: Additional reference #'s on page _ of document Graotor(s) (Last name first name, initials) I. Cit~ of Renton 2. , Additional names on page _. of document. Graotee(s) (Last name first. then first name and initials) I. 2. Additional names on page _ of document. Legal description (abbreviated: i.e. lot block. pial or section. township, range) These ponions of Sec lions 13. 14. 15.22.23. & 24, all in Township 23 nonh. Range 5 Ea.st. W.M., and Sections 18 & 19. both in Township 23 Nonh, Range 6 East. W.M .• all in King County, Washington. more particularly described as follows ... Additional legal is on page 3 ordocwncnt. Assessor·s Property Tax Parcel Account Number I I 0 Assesso, Tax # not yet assigned 142305911901 and others The AuditorlRecordcr will rely on the inrormation provided on the form. The staff will nol read the document 10 verify the accuracy or completeness of the indexing information provided herein . . . I am requestIng an emergency nonstandard recording for an additIOnal fee a'i proVided In RCW 36.18.0 10. I understand that the recording processing requirements may cover up or otherwise obscure some pare of the text on the original document. ________________________ Signature of Requesting Party Description: ~ng,~ Document -Year.Mbnth.Day.DocID 2009.1105.541 Page: 1 of 15 Order: dfbdh Comment: First American Title --- ---------------------------------- - First American Title CITY OF RENTON. WASHINGTON ORDINANCE NO, ~~ AN ORlHNANCE OF THE CITY OF RENTON, WASHINGTON, ESTABLISHING AN ASSESSMENT DISTRIct· FOR SANITARY SEWER SERVICE FOR PROPERTIES ADJACENT TO ANDIOR BENEFITTING FROM ,TIlE CENTRAL PLATEAU INTERCEPTOR PHASE II AND EST AHLlSHlNG THE AMOUNT OF THE CHARGE IirON CONNECTION '('0 TilE FACILITIES. TIlE CITY COliNCIL OF THE CITY OF RENTON. WASHINGTON. DOES ORD,~IN AS FOLLOWS: SECTION '-Therc is hC'rehy created a Sanitary Sewer Se(\'i~'c ~peciJI ASSe:S~llll'llt District lilT Ihe: an~:l servC'd by the Central Plateau Interceptor Phase II project in the northeast 4u::.uranl ('1' the City of Rel\tun and \\-'ithin King County. which area is more parti..:ularly J~'sl'ribl'd in Exhibit .,:\ .. ,1IJached hereto. A lIl<lp of the service area is atta..:hcd as E.xhibit "1\", Th~' rl·I.'llrding (11' this dncumcl1t is to provide notification llf p(llenlial connection ;tnJ jnter~'!'t I.:hargc.-;. While thi.~ t:onnl!clion charge Illay be paid at any lime. the CilY docs nl1\ n:quirL' P:lytl1l:ntlllltil ~ti[b time as the pared is [onncctt::d tu and, thus. henditing fWlll the sewer r~ii:ilili~~. The prorerty may be sold or in anr other way change hands without triggering the reqllir~'lllt"1l1. by tht" City. Or1'3YIllt"lIt urlhe charges associated with this district. SECTION II, Persons connecting to the sanitary sewer facilities in this Special t\sscssmt:l1t District. and which properties have not been charged or assessed with all costs ofthL' Central Plateau Interceptor Pha.se II as detailed in this ordinance, shall pay. in addition to Ihe payment of the (onncction permit fee and in addition to the system development charge. the following additional kes: CERTIFICATE I. the undeTSigned City Clerk of the 2009110500054',':"" , City of Renton, Washington, certifY thai this is. true and correct copy of Oed/nane, Nq. /"65". Subscribed and sealed thisKdaY of A~ .. I , 2012i &......c;"W~ City Clerk Description: King,~ Document -Year.Month.Day.DocID 2009.1105.541 Page: 2 of 15 Order: d£hdh Comment: First American Title ----- - ----------------------- First American Title 2009110500054''':'':': ORDINANCE NO. 5465 A. Per Unit Area Charge. New connections of residential dwelling units or equivalents / shall pay a fee of $351.95 per dwelling unit. Those properties included within this Special Assessment District and which may be assessed a charge thereunder are included within the boundary legally described in Exhibit "An and which boundary is shown on the map attached as Exhibit "B". n. Per Unit Frontage Charge. There is hereby created a sub-district within the Central Plateau I ntcrceplor Phase lJ Special Assessment District consisting of properties fronting on the scwer. Ncw connections of residential units or c4uivalcnts shall pay a fce of $5.810.3-1 per d"vdling unit. The properties to be assessed for the per unit frontage (.'harg~ an: I.kscribcd in Exhibit "A" attached hereto. A map identifying the properties within the sull-district is attached as Exhibit "B". The properties located within this sull- district arc suhjcct to hoth charges (Area and Frontage). SECTION III. In addition to thc aforestatcd charges, there shall be a charge of 5.30% per annum added to the Spccial Assessment District charge, The interest charge shall accrue for no more than ten (10) years from the date this ordinance becomes effective. Interest charges will be simple interest and not compound interest. SECTION IV. This ordinance is effective upon its passage, approval and thirty (30) days aller publication. 2 Description: King, riA Document -Year.Month.Day.DocID 2009.1105.541 Page: 3 of 15 Order: dfhdh Comment: First American Title First American Title ORDINANCE NO. 5465 PASSED BY THE CITY COUNCIL this.6-th day of--..:J::u:-=l"y ____ . 2009. Bonnie I. Walton, Cit)' Clerk APPROVED BY THE MAYOR this 6th day of_-'J .... u"-'luy'--____ • 2009. l1ul,k Denis Law, ~1ayor Approved as to form: et; ..... ~~ • J'- Lawrence J. \Varrcn, City Attorney [)ateofPuhlication: 7/10/2009 (summary) ORD.1553:5/2I/09:scr 3 Description: King/~ Document -Year.Mbnth.Day.DocID 2009.1105.541 Page: 4 of 15 Order: dfhdh Comment: First American Title 20091105000541.:: First American Title LEGAL DESCRIPTION: ORDINANCE NO. 5465 EXHIBIT A CENTRAL PLATEAU INTERCEPTOR SPECIAL ASSESSMENT DISTRICT AREA ASSESSMENT BOUNDARY 20091105000541 . ,:,,_,~ Those portions of Sections 13. 14, 15.22,23 & 24, all in Township 23 North. Range 5 East, W.M., and Sections 18 and 19, both in Township 23 North, Range G East, W. M., all in King County, Washington, more particularly described as follows: Beginning at the intersection of the southerly right of way margin of SE 128'" St (NE 4'" Street) and the easterly line of the existing City of Renton Limits as annexed under Ordinance No. 5064, in the Northwest quarter of said Section 14; Thence easterly along said southerly right of way margin, crossing 155 1h Ave SE and 1561h Ave SE, to the east linc orthe Northwest quarter of said Section 14: Thence continuing easterly along the courses of said ,southerly right of way margin. crossing 160[11 Ave E and the west half of 164 1h Ave SE. to the section line common to said Sections 13 and 14; Thence continuing easterly along the courses of said southerly right of way. crossing the cast half of 164 1h Ave SE amI 169 th Ave SE, to an intersection with the east line of the West quarter of the Northeast quarter of the Northwest quarter of said Section 13; Thence southerly along suid cast line and the Urban Growth Boundary (UBG) line. to an intersection with the north line of the Southeast quarter of the Northeast quarter of said Section 13; Thence easterly along said north line and said UAG line, to the west lille of the East quarter of said subdivision; Thence southerly along said west line and said UBG line. to the Northwest corner of Lot I of King County Short Plat S90S0040. as recorded in Book 101 of Surveys, Page 236, records of King County, Washington; Thence easterly along the North line of said Lot 1 and said uon line. to the Northeast corner of said Lot I. said Northeast corner also being on the west line of the Northeast quarter of said Section 13; Thence easterly along said UGH. crossing 172"d Ave SE, to the intersection of the easterly right of way margin of 172"d Ave SE and the southerly right of way margin ofSE 132 nd St.; EXHIBIT A -CENTRAL PlATEAU INTERCEPTOR SAD, AREA ASSESSMENT Description: King,HA Document -Year.Month.Day.DocID 2009.1105.541 Page: 5 of 15 Order: dfhdh Comment: First American Title PAGE 1 OF 6 First American Title 20091105000541.':":": ORDINANCE NO. 5465 Thence continuing easterly along the southerly right of way margin ofSE 132 nd St and said 1.1GB line. crossing 173" Ave SE, 175th Avc SE, 178th Avc SE and the west half of 180'" Ave SE. to an intersection with the east line of said subdi\'ision, said cast line also being the west line orthe Southwest quarter of the Northvicst quarter of said Section 18; Thence continuing easterly along said southerly right of way margin of SE I J2nd St and said UGH linc, crossing the cast half of 180" Ave SE, 181" Ave SE and 182"' Ave SE, to all intersection \\-'ilh the \vesterly right of way margin of 182 011 Ave SE; Thence southerly along said westerly right of way margin of I ~2nd Ave SE and said UGIl line, to an intersection with the westerly extension orthe northerly right of way margin of SE 134 1h SI: Th~llct!' easterly along said westerly extension and the northerly right of way margin ofSE 134 1h 'St and said UGB line. crossing 182nd Ave SE, to an intersection with the ,,"oslorly right of way murgin llf I 84(h /\ve SE in the Nort)l\\ .. 'csi quarter of said Section 18; Thence southerly along said wcstcrly right ofw<.lY marMin of 184 1h Ave SE and its southcriy extension and lea\'ing. s<lid 11GB line. crossing SE 134 St, SE 135 lh St. SE 136th St and SE 140 lh St, to an intersectiun with the north line of Tract 23. Renton Suburban Tracts DivisiDI1 No, 4. recorded in Volume 61 ur Plats, pag.es 74-76, sait! n:cords, in Government Lot 4 of said Section 18; Thence easterly and sDutherly along said north line and the cast line of said Tract. to an intersl.!ctioll with Ihl! northeast corner of Renton-Suhurban Tracts Division No.8, recorded in Volume ()C) of Plats, p,:tgc~ 74-76, said records. in said Government Lot..J. of said Section 19, said I1Mthcastcorncr also br.::ing on said UGB line; Thence southerly along the cast line of said Plat and said UGH line, to tht: Southeast corncr of said Plat at the southeast corner of Governml.!nt l.ot I in said Section 19: Thence wcsterly along the courses of the south boundary of said plat and said UGB line, lo an intersection with the south line of Renton-Suburban Tracts Div. No.6, recorded in Volume 66 of Plats. pages 3J-J5, said rt:cords. in the Northeast quarter of said Section 24; Thence westerly along the south line of said Plat and said UGB line. to the most Southwest corner of said Plat. said Southwfo:st corner also being the Northeast corner of Government Lot.5 of said Section 24; Thence southerly along the east line of said Government Lot 5 and said UGB line. to the northeast corner of Lot J I of Renton·Suburban Tracts Di\,. No.7. recorded in Volume 69 of Plats, pages 39-41, said records; Thence southwesterly and northwesterly along the south boundary of said plat and said UGB line. to an intersection with (he east line of Government Lot 10 of said Section 24, said east line also oeing the cast line of Tracl A of Briarwood South No.6, recorded in Volume 97 of Plats, pages 6& and 69, saiJ records: EXHIBIT A -CENTRAL PLATEAU INTERCEPTOR SAD, AREA ASSESSMENT PAGE 2 OF 6 Description: King,NA Document -Year,Month.Day.DocID 2009.1105.541 Page: 6 of 15 Order: dfhdh Comment: First American Title First American Title 20091105000541.(;" • ORDINANCE NO. 5465 Thence northerly along said easlline of said Governmenl Lot 10 and said Tract A and said UGB line. to the Northeast corner of said Tract A; Thence \vcstcrly along the courses of the north boundary of said Tract A, ilnd said UGB line, to the Northwest corner of said Tract A, said Northwest corner also being a point on the east line of the Northeast quarter of said Section 23; Thence northerly along said east line and said UGB line, to the northeast corner of Tract C of Skyfirc Ridge Div. No. I, recorded in Volume 141 or Plats, pages 93-99, said records; Thence westerly along the courses of the north boundary of said Tract C and said UGB line, to the Northwest corner of said Tract C, said Northwest corner also being a point on the cast line of the Southwest quarter of the Northeast quarter of said Section 23; Thl."llce northerly along said east line and said UG13 line, to the Northeast corner of said subdivision: Thence wesleriy along the north line of s3id subdivision and said UGB line, to the Northwest corner of said subdivision. said Northwest corner also being the Northeast corner of (Jovcrnment Lot 7 of said Section 23: Thence continuing westerly along the north line of said Government Lot 7, to the Northwest cornl'r thact1f~ suid Northv.'cst comer also being the Southwest corner of the Northeast quarter of the Northwest LJuarter of said Section 23; , Thence northerly along the west line of said 'subdivision, to the Southeast corner of Lot 9. Briar Hills No. J, recorded in Volume 107 OrPlals, page 36. said records, said west linc also being the cast lin!.? 01' the Northwest quarter of the Northwest quarter of said Section 23: Thence westerly along the south line of said Plat, to the South\\'cst con'ler thereof: Thence northerly along tht.: west line of said Plat, to an intersection with the Southeast corner of Briar Ridge, recorded in Volume 113 or Plats, pages 60 and 61, said records: Thence westerly along the south line of said Plat, to the Southwest corner thereof, in Government Lot I of said Section 22, said Southwest corner also being a point on th\.! west line of the East half of the East half of said Government Lot \; Thence southerly along said east line. to the northerly bank of the Cedar River: Thence \I,:esterly along said northerly bank, lO an intersection with the cast line of Tract A. Cedar River Bluff, recorded in Volume \72 ofrlats, pages 53-56, said records; Thence northerly along s~id east line, to the Northeast corner of said Tract A; EXHIBIT A -CENTRAL PLATEAU iNTERCEPTOR SAD, AREA ASSESSMENT Description: King,~ Document -Year.Honth.Day.DocID 2009.1105.541 Page: 7 of 15 Order: dEhdh Comment: First American Title PAGE30F6 First American Title ORDINANCE NO. 5465 Thence westerly along the north line of said Tract A, to an intersection with the east line of' l'Vlaplewood Heights, recorded in Volume 78 afPlals, pages 1-4, said records; Thence southerly along said east line, to the Sou~hcast corner thereof; 20091105000541 Thence westerly along the south line of said plat, to the Southwest corner thereof, said corner also being a point nn the cast line ofGovcrnment Lot 6 of Section 22; Thence South 01 '08'21" West, along said east line, to a point 641.73 feet southerly of the N0I1heast corner of said Government Lot 6: Thence North 55'51'39" West, a distance of 391.81 reet; Thence North 26'45'23" West. a distance 01'494.29 ket, to a point on the north line of said Guvernment Lot 6. said point also being on the south line of the Southwest quarter of Section 15; Thence westerly along said south line, and along the existing City Limits of Renton, as annexed Linder Ordinance No. 3945, to the Southeast corner of the South\vest quarter of the Southwest quarter of the Southwest quarter of said Section 1 5; Thence northerly along the east line of said subdivision and said City Limits. to the Northwest ClImer of Lot 21, mock I of ~aid Maplewood Heights in said Southwest 4uarter of Section 15; Thcllce northeasterly along the north line of sai~ Block I of said Plat, to an intersection with the we!'! line of Lot 10. East Crest, recorded in Volume S7 of Plats. page 49. said rCl.:ords. in said Slluthwest quarter; 'Thcill.:C northerly along said west line, to the Northwest corner thereof: said Northwest corner ,!Iso heing a point on the south line of Tract A. Hideaway Home Sites. recorded in Volume 81 of Plats. pages 1-18 and 89, said records; TlIellee westerly along the south line of said Tract A, to the South" .. 'cst corner thereof: Thellce norti1erly along the west linc of said Tract A and the northerly extension or said west line. and along the:: existing City Limits of Renton. as annexed under Ordinance No. 3143. to the south line of the Northwest quarter or Section 22: Thence westerly along said south line and along said existing City Limits and along the south line or Lot 14, Goe's Place, recorded in Volume 85 of Plats, pages 12 and 13, said reeords, to the Southwesr corner of said Lot 14; Thence northerly along the west line of said Lot 14, to the Northwest comer thereof; Thence easterly along the north line of said Lot 14, to the Northeast corner thereof; EXHIBIT A -CENTRAL PLATEAU INTERCEPTOR SAD, AREA ASSESSMENT Description: King,~ Document -Year.MOnth.Day.DocID 2009,1105.541 Page: 8 of 15 Order: dEhdh Comment: First American Title PAGE 4 oF6 First American Title ORDINANCE NO. 5465 Thence northerly along the east line of Lot \3 of said Plat and its northerly extension, to an intersection with the westerly extension of the north line orthe South halfofthe Southeast quarter of the Southeast quarter of the Northwest quarter of said Section 15; 20091105000541.·:·,:, : Thence easterly along said westerly extension and said north line and along the existing City limits of Renton, as annexed under Ordinance No. 5074, crossing Duv<JlI Ave NE, to its intersection with the west line of the Northwest quarter of said Section 15; Thence northerly along said west line crossing NE 2nd St. to the most westerly soutlm:cst comer of Alder Crossing, recorded in Volume 251 of Plats, pages 37.42, said records; Thence westerly along the south line of said plat, to the southeast corner thereof; Thence northerly along the east line of said Plat, to its intersection with the north line of the south half offhc north half of the north half of the north half of said Section 15: Thence easterly along said north line of said suhdivision crossing Hoquiam Ave NE and Jericho Ave NE. to the easterly right of way margin thereof; ThelH:c southerly along said westerly right of way margin. to the Southwest corner of Tract 2. B1Zlck Loam Five Acre Tracts, recorded in Volume 12 of PIaIS. page 10 I, said records; Thence continuing easterly along said existing City Limits and the south line of said Tract 2. to the t:ast line of the west half of said Tract 2; Thence ll11rlhcrly along said east line. to the south line of the north 150 feet thereof: Thellce l!3sterly along said south line. to the cast line of the of the \Vest half of the West half of the East halfofsaid Tract 2; Thence northerly along said east line. a distance of 8 fect: Thence easterly along the south line of the north 142 fcc thereof, to the cast line of the west half ofthc cast halfofsaid Tract 2; Thence southerly along said east line, to the south line of Ihe Northeast quarter of said Ea ... t half of said Tract 2; Thence easterly along said south line, to the westerly right of way margin of Lyons Ave NE; Thence continuing easterly along the easterly extension of said south line, crossing Lyons Ave NE. to the easterly right of way margin thereof; Thence northerly along said easterly right of way margin, to the southerly right of way margin of NE 4'h SL EXHIBIT A -CENTRAL PLATEAU INTERCEPTOR SAD, AREA ASSESSMENT Description: King,WA Document -Year.Mbnth.Day.DocID 2009.1105.541 Page: 9 of 15 Order: dEhdh Comment: First American Title PAGE 5 oF6 First American Title 20091105000541.;: : ORDINANCE NO. 5465 Thence easterly along said southerly right of way margin. to the intersection with the easterly line of the existing Cit)' of Renton Limits as annexed under Ordinance No. 5064, in the Northwest quarter nfsaid Section l4 and the point of beginning. . EXHIBIT A -CENTRAL PLATEAU INTERCEPTOR SAD, AREA ASSESSMENT Description: King, IliA Document -Year.Month.Day.DocID 2009.1105.541 Page: 10 of 15 Order: d£hdh Comment: First American Title PAGE60F6 First American Title ORDINANCE NO. 5465 EXHIBIT A CENTRAL PLATEAU INTER<::~:PTOR FRONTAGE ASSESSMENT PROPERTIES SPECIAL ASSESSMENT DISTRICT AREA "A" LEGAL DESCRIPTION: 200911 05000541.u i Lot I und Tract B. Carol wood, recorded in Volume 111 of Plats, pages 99-100, records of King County, Washington; TOGETHER WITH I.ot II. Carolwood No.2, recorded in Volume 114, page 74, said records; ;;tmJ TO('iETlIER WITH that portion of the Southwest quarter of the Southeast quarter of Section 14. Township 23 North. Range 5 East, \v.M .. King County, Washington; and TOGETHER WITH the West 150 feet of the East ISO ieet of the North 165 feet of the South half of said Soutll\veSI quarter of the Southeast quarter of Section 14; and T()tiETHER WITH the West 160 feet of the east 190 feet of the South 132 feet of the Northeast qU:lrtt!f {If [he Southwest quarter of the Southeast quarter of said Section 14; and TOUETIIER WITH the East 165 feet of the West 330 feet of said subdivision. EXCEPT the North 264 icet thereof. and EXCEPT the South 132 feet thereof; TOGETHER WITH the South 20 !eet of the North 284 feet of said subdivision, EXCEPT the West 330 feet thereof; and TOGETHER WITH the North 120 ket of the South 252 feet afthe East half of said subdivision. EXCEPT the \Vl!st 150 feet thereof; and TOGETHER WITH the East half of said subdivision, EXCEPT the North 284 feet thereof and EXCEPT the South 252 feet thereof; and TOGETHER WlTllthe East 230 fect orthe South 132 feet afthe North 264 feet ofthc Southwest quarter of the Southea'it quarter of said Section 14; and TOGETHER WITH the West 165 feet of the East 195 fcet of the North 132 feet of the Northeast quarter of the Southwest quarter of the Southeast quarter of said Section 14; and TOGETHER WITH Lot 2 of King County Short Plat No. 481066, as recorded under King County Recording No. 8109100503, located in the Southwest quarter of the Southeast quarter of said Section 14; LESS Roads. Exhibit A -Central Plateau Interceptor SAD, Frontage -Area A Description: King,HA Document -Year.Month.Day.DocID 2009.1105.541 Page: 11 of 15 Order: dEhdh Comment: First American Title Page 1 of 1 First American Title ORDINANCE NO. 5465 EXHIBIT A CENTRAL PLATEAU INTERn;pT<lR FRONTAGE ASSESSMENT PROPERTIES SPECIAL ASSESSMENT DISTRICT AREA US" LEGAL DESCRIPTION: 20091105000541."; ; LOIS I, 2, 3 and the 20 fect wide undivided interest parcel lying vctwct'n said Lot 1 and Lot 2, of King COllnty Short Plat No. 576015, recorded under King COllnty Recording :--10. 7905170580, records of King County, \Vashington; TOGETHER WITH Lots 1 and 2, King County Short Plat No. 677116, «corded under King County Recording No. 7905170582; and TOGETHER WITH Tract A and Tract B of King County Short Plm Nn. 6750j I, recorded under King County Recording No. 7602040384; nnd TOGETHER WITH Tracts 4. 5,6 and the Wesl 150 feel of Ihe North XO ICct of Tracl 7, all in nlock J. Cedar Park Five Acre Tracts, recorded in Volume i 5 of Pia Is. page: 91. records of King County, \\'ashington. All situate in the Southeast quarter of Section 14 ilnd the Nllrth half of Section 23. both in Township 23 North, Range 5 East, W.M., in the City of Renton. King COtlI11Y. Washington. Exhibit A -Central Plateau Interceptor SAD, Frontage -Area B Description: King,WA Document -Year.Month.Day.DocID 2009.1105.541 Page: 12 of 15 Order: dfbdh Comment: First American Title Page 1 of 1 First American Title ORDINANCE NO. 5465 EXIIIBIT A CENTRAL PLATEAU INTERCEPTOR FRONTAGE ASSESSMENT PROPERTIES SPECIAL ASSESSMENT DISTRlCT AREA "e" LEGAL DESCRIPTION: 20091105000541.;;; . Lots I through 8 and Lot 17, Ridge Point Estates. recorded in Volume 165. pages 64-65. records of King County. Washington: TOGETIII'R WITH that portion of the Northeast quarter of the Northwest quarter of Section 23, Township 23 North. Rangt! 5 North. Wol\'1., King County, Washington. lying easterly and soulhc:r1y of said pklt of Ridge Point Estates and westerly ufthe:: wesh:riy right of way margin of 154'" PI. SE (W.J. Orton Rd); and TOGETHER WITIIthe ~orth 133 led of the E.51120 feet of5aid Northe,Slquarter of the Northm.;.sl quarter; ;.tnt! TOGETHER WITllth,1 portion ufthe North half uf the Northeast quarter of the Northeast quarter of the Northwest quarter, lying easterly and snulhcrly of Linda Ilomes, recorded in VOllll1lC 74. page 6. said records; and TOClFfllER WITH that portion of the South half of said Northeast quarter of the Northea~t quarter of the Northwest quarter. and the south half of the Northwcst quartcr of the Northwest quurler of the Northeast quarter. hoth in said Section 23. lying westerly of the westerly right of W<ly margin of 1561h AYe SE (Co. Rd. i 049. August E. Gerber Rd.) and easterly of the northeasterly right of way margin of 154" PL SE (W.J. Orton Rd.); LESS Roads. Exhibit A -Central Plateau Interceptor SAD, Frontage -Area C Description: K1ng,WA Document -Year.Month.Day.DocID 2009.1105.541 Page: 13 of 15 Order: dfbdh Comment: First American Title Page 1 of 1 First American Title ORDINANCE NO, 5465 EXHIBIT A CENTRAL PLATEAU INTERCEPTOR FRONTAGE ASSESSMENT PROPERTIES SI'ECIAL ASSESSMENT DISTRICT AREA "D" LEGAL DESCRIPTION: 200911 05000541,:~ Lots I and 50, 13riarwood West. recorded in Volume 93 of Plats, pages 91-92, records of King County, \Vashington~ TOGETHER WITH Lots I and 16, Marywood, recorded in Volume 90 of Plats, page 32, said rccon.\!:;; and TOGETHER WITH the SOllth 165 feet of the North 195 feet of the East half of the Nonheast quarter of the Northwest quarter of the Northeast quarter of said Section 23; LESS the East 30 feet thereof; and TOGETHER WITI'I the west 150 feet of said Ea,t half of said suhdivision, lying nonhcriy of the South 365 feet thereof and southerly of the North 195 feet thereof; and TOGETHER WITH thm portion of the West half of the Northwest quarter of the Nonhwc,t tjuancr oCthe Northeast quarter of Section ~J, Township 23 North, Range 5 East, \V .M., King County, \Vashingtoll. lying northerly of the north line of Lot I of King County Short Plat No. 12R6002, as recorded IInder King Count)' Recording No. 8708140726; and TOGETHER WITH Lilt I and Lot 2 of King COllnty Short Plat No. 1286002, as recorded lInder King COllnty Recording No. 8708140726, said Lot 2 being later amended by Lot Line Adjustment No. 8Q0718. as recorded under King County Recording No. 901024 t 356, said lots being a portion of the Northwest quarter of the Northeast quarter of said Section 23; LESS Roads. Exhibit A -Central Plateau Interceptor SAD, Frontage· Area 0 Description: K1ng,HA Document -Year.Honth.Day.DocID 2009.1105.541 Page: 14 of IS Order: dfhdh Comment: First American Title Page 1 of 1 First American Title I • » a-n: i-w ~ G; Iir '" 1!i '" [ .. ~~~ ~ \-.. 3 .' m ;;: 3 &' m c ;;: ~ &' 0. W C -< ~ 0. W -< Description: ICing, JfA Document -Year.Month.Day.DocID 2009.1105.541 Page: IS of 15 Order: dfhdh Comment: First American Title 200911 05000541.C~ ~ 't=irst American Title 13, LeQal Description 01.8302011 019 \ s . ...lL ,r.~ R._'_ • • 1 • ~ '---------,-7-----:- Fi led tor recc.rd .It the request of: . .. -' .:: RetllCn to: 'I BuiUil7{1 & Land Developnent :: 4EO XC Administration B14g . ", Seattle, Washington 98104 . '----' l£G.Al DESCAIPTION F!tO R T P LA" ,N 0' _' 8",0"0"',,,' ::.... __ ~_ :KING COUNTY, 'WASHINGTON De~t pt Pl.,.,ilJ!1 and co.un.tt!/ DlftveJoP'!'nt Buil:fing and Lmd DeveloJl'MlJ~ Division' EIruUnctd and .ppro~ this. iL ~IJ of' --¥~"""'=r--,---.,-' 19 ~ , ..,t Pevelo~t Dlvl.i~ Dlc'Pdlrt_nt of Public fiorks z;,E .... £lidm.u:ed ~nd approved this ~!i ot ·~~IYL;;-' . '.M' m__ ' 1 ~ .. SUBJECT TO EASEliEIfr POR ELEC'l1IIC SYSTEM AS RECORDED tJNDIR A._F.I 8I052909GS. ALSO SUSJECT TO EAS!;HEN'I FOR \lATiN HAUlS IJ> RECORDED .UND!R A:r .f' 8111240491; ...... " ': "" Map on File in Vi,luU First American Title e:;:-'o.? "Q~ I; c·~(, f' Page I ot .L.. , r o· 'First American Title \' ~ i .. I 0 .. .. I 0 I g I ~ • \ . , l I , , 1 I i , I I 3 '\ ~ • ~ " .. • " ~ • ~ 1 :;'.~ ) ~':.;:~f'r :_ .:'.-~:-:"': ".: ~. :~~.~ .. ::' .. I ! .1 ..... '" .l-=:.:~' - , -of'! " I"",,,, "1'" , ' -. _..l~ __ ., ___ . W~'pJm:G; Kilig County h:lS .. no tt:.~,ti~;::'::~:y 1:) t:~:;1, i;:>?~~'::' :T:1:r:!,,:a c; .>';',':',,?, ~':;\'!~; :::e \,:~,:~.te. r''':~';; . '(,~;l::':.:(;J ~,:~:'.;;; Cf po-.;;:::1 S';i'~;(.:~ ',,,) tile P:C,Pfi:j G€5Cri;;:;'; la this st.!;:t J::..t s.id .. ';me'ls III be .m.in~iled. rql.~ed. and/or rebuilt by tlIe owne., of tlIe parcels having legal ~ccess tl1~refro.l1' and their heirs. 3s~lgr.s or S!Jrces!J)rs. unless' and unti1 . such roads are il1'.pio-.:cd' tD King County standards and are dedicated ',!nd accf:pted by Kinl County for mailtenaoce. ' ,,0 ~ .,.:"---. Y1 .~",.~~ -_._ .. ,----_. ---....:.:::======:::=====-:.::..~.:. .. :...:--'-.:...::...:=:...:.:...:- ',' 0 ... .. ... It I: ,. .,! . ~ , '(;\ ~! f' ...... t:~yt~ " ..;; , ._--_ .. --.-.. ' "._.---" _ ... -- First American Title • '1' ' . '. ,": "First American Title \ "' J i , , ! i I I ! . '. . . . iC1Ufi' ALL ME}. ry t'lese presents, that otJe, tne' und:ersic:ned,' ,Owners in fe~ simplE" .land c,ontract purchaser(s) 1 of the lanJ herein described, dO here- by revise, Sho~t Subdivision Application No.. <:;S·o(:;.::tf A' as re- corded UT.!eer RecordiJ?9. No. g!'i"~)f«' • 'Re~rdS of King County, Washington,' and by this ReVl.sed Short subd~vIsion thereof pursu- ant to RCW 58.17.060 declare'tt.is revised shc ... t plat to.,be the ,graphiC 'repl ~sen~tion of the same, and that said re '_sed 'short-subdivision -is made with the free Consent, and'in accordance with' the 'desire of the' owner.<s) • . IN WITNESS WHEREO! We have set our hands M.d seals. Vice President 1 SfA11:,Of "" ,. ,.' p ) t ... , c-c, .. _-1:i~~l~lljjl!~ ____ ...J, Short Plat Xuni:lcr Y)':Z5'1,: ~. {,., L .. ~ .. oidia, IO'~ ___ ~;-"'~'","' ~ Page_3 __ of __ ~ __ First American Title • ': . I \ , 'First American Title .. \ .. ~'~ -'~-. T~'act{s) e.t'IVAL£ K1? --. designated upon the plat "as a private road and tboroughlare .1s descrlb~d io the Xing County-Comprehen- sive plan as a "local access street or road" and io accordance with the standards tbereh. may be re'luired for futun; CoUDty street' road, or" tbo~ugbf a. e. . . • 1. The own~r. bis grantees and aSstgns, hereby agree to, dedicate Tract(s) . to Kl~g County for right-of_way and street purposes at 'such time ' as said Tract(s) . tsiare needed for tOOse purposes. A Deed cooveying Traet(s) ;;::;--;:::;-.,-;:::-_ to King County sball be executed by-tbe owner. bls granteE:s and assigns, and sball be dt:li- vered to KiDg County ~pon demand. 2. The owner, bis grantees and assigns, hereby agree(s) to participate in. and/or-not oppose or protest', the formation of a County Road Improvement Distric~ (eRID) pursuaat to ReI' 36~88 or any Roa.d Improvement' project sanctioned bY' Ki:ng·County which 1s d~slgDed' to' improve Tract(s) and the"i!Illlediate street system of Wbich it 15 a part~ Timing of tbe foru:ation of said CRID,or other road improvement project' shall be determined by Ktng ~un~y. The.street improvement autborized. by the CRID or. other road 'improvement project shall call for'the improvement of Tract(s) t"'Il"'V.fTi It'D. and its immediate street ,system to at least the minimum i og·County road staDdar~ applicable to the-CRln-or otber road project is 'formed; provided that,' 1n situations where there is a multiple ownersbi~' of properties' par- ticipating in tbe formation of the CRID, or otber. road improvement project. it a majority .o~ the property owners want a bigber standard, l~e •• curbs, gutters, underground drainage .. etc.; that standard sball 'prevail. . Sbort Plat ~u~ber ra~c _~_ of _+_ R EVI ~H'\ M F-208-a First American Title : First American Pat Fu lIerton (206) 615-3055 pfullertan@firstam_mm To: WestPac Development LLC 7449 W Mercer WAY Mercer Island, WA 98040 Attn: Travis Defoor King County Title Team One Fax No. (866) 904-2177 lennlfer Salas (206) 615-3011 jsalas~rstann.oonn Re: Property Address: 312 Field Place SE, Renton, WA 98059 Supplemental Report 5 First American Title Insutance CDmpany 81B stewart St, ste 800 Seattle, WA 98101 Phn -(206)n8-()4()0 (800)826-7718 Fax - Tina Kotas (206) 615-3012 tkotas@firstam.com File No.: 4291-2109270 Your Ref No.: QPID-12170 Dated: February 07, 2014 at 8:00 A.M. Commitment/PrelimInary Report No. 4291~2109270 dated as of January 07, 2014 (including any supplements or amendments thereto) relating to the issuance of an American Land Title Association Form Policy is hereby modified and/or supplemented as follows: Title is vested in: THE:HEIRS~AT-UW·OFMARVIS·M;-MIlLER,.DECEASED_-ANDTIJE·HEJRS-ANQ ,~SEES·OF·MARY-E~Mlt:LER,--:DEC.EASED ...." The following paragraph no(s). 22, 23 and 24 has/have been added to our Commitment/Preliminary Report to read as follows: 22. It is our understanding that Marvis M. Miller is now deceased. However, we find no evidence of record in King County that said party is In fact deceased or of a probate of the estate of said decedent. Therefore, the company will require the following prior to closing: (A) A copy of the decedent's last will. If the decedent did not leave a will, this should be so noted; (6) A copy of the community property agreement, if such existed. (C) Proof of death of the decedent, made by recording of death certificate in the office of the King County Auditor. Admitted to Probate: Probate Case No.: Personal Representative: Attorney for Estate: October 12, 2011 11-4-05604-7, King County <i'::1ighaeJ;R!iit!liJI~ M OWen Gabrielson Page 10f 2 RECEIVED MAY -2 7""\ CITY 0;: 5:i:NTON PLANNING DI\lI~ION ,...' ~te: February 07, 2014 File No,: 4291-2109270 (GR) Said personal representative is authorized to administer the estate without intervention of court and to mortgage, conveyor contract to convey decedent's interest in said premises. 24. Lien of succession taxes upon the estate of Mary Elizabeth Miller, deceased, King County, Probate Case No. 11-4-05604-7 Pat Fullerton, Title Officer Page 2 of 2 r--------------------------------------------------------------------------------------, , ,~ First American Pat Fullerton (206) 615-3055 pfuliertonCflrstam,oom To: WestPac Development LLC 7449 W Mercer WAY Mercer Island, WA 98040 Attn: Brenda King County Title Team One Fax No. (866) 904-2177 Jennifer Salas (206) 615-3011 jsalasCflrstam.oom Re: Property Address: 312 Field Place SE, Renton, WA 98059 First American T1t/e Insutam;e COmpany 818 Stewart st, Ste 800 Seattle, WA 98101 Phn -(206)728-0400 (800)826-7718 Fax· Tina Kotas (206) 615-3012 tkotas@flrstam.oom File No.: 4291-2109270 Your Ref No.: QPID-12170 Supplemental Report 7 Dated: March 05, 2014 at 8:00 A.M. Commitment/Preliminary Report No. 4291-2109270 dated as of January 07, 2014 (including any supplements or amendments thereto) relating to the issuance of an American Land Title Association Form Policy is hereby modified and/or supplemented as follows: l/:1:!.2-I/f2;&.>rT.iI_fi;;"!.J iN (' M..UIU{.M.I~ \"i!iLtIeJ1Sfnowl\reSteijiijf .. 1jhei!jeiiii:~seeaoflMa$EiMjlle.&iaSE!CliJ ~~6r~ prJ -~~e+i#Y ) Paragraph No(s). 22 has/have been amended to read as follows: t'l/"~-'-~~_S~~ 22. It is our understanding that MalVis M. Miller is now deceased. However, we find no evidence of record in King County that said party is in fact deceased or of a probate of the estate of said decedent. . Therefore, the company will require the following prior to closing: (A) Proof of death of the decedent, made by recording of death certificate in the office of the King County Auditor. Pat Fullerton, Title Officer Page lof 1 ~/ -, v, ;t '.' I (Y1 iLt.£~ - ~~ First American , "'" Pat Fu"erton (206) 615-3055 pfullerton@flrstam.com To: WestPac Development LLC 7449 W Mercer WAY Mercer Island, WA 98040 Attn: Brenda King County Title Team One Fax No. (866) 904-2177 Jennifer Salas (206) 615-3011 jsalaS®flrstam.com Re: Property Address: 312 Field Place SE, Renton, WA 98059 Supplemental Report 6 First American TItle Insurance Company 818 Stewart St, Ste 800 seattle, WA 98101 Phn -(206)728-0400 (800)826-7718 Fax - Tina Kotas (206) 615-3012 tkotas@firstam.oom File No.: 4291-2109270 Your Ref No.: QPID-12170 Dated: February 13, 2014 at 8:00 A.M. Commitment/Preliminary Report No. 4291-2109270 dated as of January 07,2014 (including any supplements or amendments thereto) relating to the issuance of an American Land Title Association Form Policy is hereby modified and/or supplemented as follows: Paragraph no.(s) 4, 6, 7, 8 and 9 of our Commitment/Preliminary Report has/have been eliminated. Pat Fullerton, Title Officer RECEIVED APR 25 2014 CITY OF RENTON PLANNING DIVISION Page lof 1 s. "VlJ". ~ First American .~d Pat Fu lIerton (206) 615-3055 pfullerton@firstam.com To: WestPac Development LLC 7449 W Mercer WAY Mercer Island, WA 98040 Attn: Travis Defoor King County Title Team One Fax No. (866) 904-2177 Jennifer Salas (206) 615-3011 jsalas@firstam.mm Re: Property Address: 312 Field Place SE, Renton, WA 98059 Supplemental Report 5 FirstAmerican Title Insurance Company 818 stewart s~ ste BOO Seattle, WA 98101 Phn -(206)n8-D400 (800)826-7718 Fax· Tina Kotas (206) 615-3012 tkotas@firstam.com File No.: 4291-2109270 Your Ref No.: QPID-12170 Dated: February 07, 2014 at 8:00 A.M. Commitment/Preliminary Report No. 4291-2109270 dated as of January 07,2014 (including any supplements or amendments thereto) relating to the issuance of an American Land Title Associatbn Form Policy is hereby modified and/or supplemented as follows: Title is vested in: THE HEIRS AT LAW OF MARVIS M. MILLER, DECEASED AND THE HEIRS AND DEVISEES OF MARY E. MILLER, DECEASED The following paragraph noes). 22, 23 and 24 has/have been added to our Commitment/Preliminary Report to read as follows: 22. It is our understanding that Marvis M. Miller is now deceased. However, we find no evidence of record in King County that said party Is in fact deceased or of a probate of the estate of said decedent. Therefore, the company will require the following prior to closing: (A) A copy of the decedent's last will. If the decedent did not leave a will, this should be so noted; (6) A copy of the community property agreement, if such existed. (C) Proof of death of the decedent, made by recording of death certificate in the office of the King County Auditor. 23. Mary Elizabeth Miller died leaving a Non-Intervention Will. Admitted to Probate: Probate Case No.: Personal Representative: Attorney for Estate: October 12, 2011 11-4-05604-7, King County Michael R. Miller M Owen Gabrielson Page 10f 2 Date: February 07, 2014 File No.: 4291-2109270 (GR) Said personal representative is authorized to administer the estate without intervention of court and to mortgage, conveyor contract to convey decedent's interest in said premises. 24. Lien of succession taxes upon the estate of Mary Elizabeth Miller, deceased, King County, Probate Case No. 11-4-05604-7 Pat Fullerton, Title Officer Page 2 of 2 ·. . ;:;$ First American Pat Fullerton (206) 615-3055 pfullerton@flrstam.com To: WestPac Development LLC 7449 W Mercer WAY Mercer Island, WA 98040 Attn: Travis Defoor King County Title Team One Fax No, (866) 904-2177 lennifer Salas (206) 615-3011 jsalaS@flrstam.com Re: Property Address: 312 Field Place SE, Renton, WA 98059 Supplemental Report 4 First American Title Insurance COmpany 818 Stewart St, Ste 800 Seattle, WA 98101 Phn -(206)728-0400 (800)826-7718 Fax - Tina Kotas (206) 615-3012 tkotaS@flrstam.com File No.: 4291-2109270 Your Ref No.: QPID-12170 Dated: February 06, 2014 at 8:00 A.M. Commitment/Preliminary Report No. 4291~2109270 dated as of lanuary 07,2014 (including any supplements or amendments thereto) relating to the issuance of an American Land Title Association Form Policy is hereby modified and/or supplemented as follows: The coverage amount has been amended as follows:' Homeowner's Rate with 10% combination discount Extended Owner's Policy: Amount: $630,000.00 Premium: $1,840.00 Simultaneous Issue Rate with 10% combination discount ALTA Extended loan Policy: Amount: $To Follow Premium: $To Follow Easement Charge Pat Fullerton, Title Officer Page lof 1 Tax: $174.80 Tax: $To Follow $ 40.00 $ 3.80 .. ~~ First American , "",' Pat Fu lIerton (206) 615-3055 pfullerton@firstam.com To: WestPac Development LLC 7449 W Mercer WAY Mercer Island, WA 98040 Attn: Travis Defoor King County Title Team One Fax No. (866) 904-2177 Jennifer Salas (206) 615-3011 jsala$@flrstam.com Re: Property Address: 312 Field Place SE, Renton, WA 98059 Supplemental Report 3 First American Title Insurance Company 818 Stewart St, Ste 800 Seattle, WA 98101 Phn -(206)728-0400 (800)826-n18 Fax - Tina Kotas (206) 615-3012 tkota$@firstam.com File No.: 4291-2109270 Your Ref No.: QPID-12170 Dated: January 30, 2014 at 8:00 A.M. Commitment/Preliminary Report No. 4291-2109270 dated as of January 07, 2014 (including any supplements or amendments thereto) relating to the issuance of an American Land Title Association Form Policy is hereby modified and/or supplemented as follows: Paragraph no.(s) 21 of our Commitment/Preliminary Report has/have been eliminated. Pat Fullerton, Title Officer Page 10f 1 ·. ~ First American . 4P' Pat Fullerton (206) 615-3055 pfullerton@firstam.com To: WestPac Development LLC 7449 W Mercer WAY Mercer Island, WA 98040 Attn: Travis Defoor King County Title Team One Fax No. (866) 904-2177 lennifer Salas (206) 615-3011 Jsalas@firstam.com Re: Property Address: 312 Field Place 5E, Renton, WA 98059 First American 'rttle Insurance Company 818 Stewart St, Ste 800 Seattle, WA 98101 Phn -(206)728-()4()0 (800)826-7718 Fax - Tina Kotas (206) 615-3012 tkota$@firstam.com File No.: 4291-2109270 Your Ref No.: QPID-12170 Supplemental Report 2 Dated: January 29,2014 at 8:00 A.M. Commitment/Preliminary Report No. 4291-2109270 dated as of lanuary 07,2014 (including any supplements or amendments thereto) relating to the issuance of an American Land Title Association Form Policy is hereby modified and/or supplemented as follows: The following paragraph no(s). 20 and 21 has/have been added to our Commitment/Preliminary Report to read as follows: 20. ALTA survey by Barghausen Consulting Engineers, Inc., dated January 24, 2014, under Job No. 16834 discloses the following matter(s): (A) fence does not conform to the property lines. 21. Terms and conditions of unrecorded K. C. Survey No. 14-23-5-15. Pat Fullerton, Title Officer Page lof 1 ·. .~ First American . dI¥ Pat Fullerton (206) 615-3055 pfullerton@firstam.com To: WestPac Development LLC 7449 W Mercer WAY Mercer Island, WA 98040 Attn: Travis Defoor King County Title Team One Fax No. (866) 904-2177 Jennifer 5alas (206) 615-3011 Jsalas@firstam.com Re: Property Address: 312 Field Place SE, Renton, WA 98059 Supplemental Report 1 First American Title Insurance Company 818 Stewart St, Sle 800 Seattle, WA 98101 Phn -(206)728-0400 (800)826-n18 Fax * Tina Kotas (206) 615-3012 tkotaS®f1rstam.com File No.: 4291-2109270 Your Ref No.: QPID-12170 Dated: January 24, 2014 at 8:00 A.M. Commitment/Preliminary Report No. 429:1-2:109270 dated as of January 07,2014 (including any supplements or amendments thereto) relating to the issuance of an American Land Title Association Form Policy is hereby modified and/or supplemented as follows: Paragraph no.(s) 14 of our Commitment/Preliminary Report has/have been eliminated. The following paragraph no(s). 19 has/have been added to our Commitment/Preliminary Report to read as follows: 19. Easement, including terms and provisions contained therein: Recording Information: 8111240491 In Favor of: King County Water District No_ 90 For: Perpetual/Temporary Easement for Watermains and Appurtenances Pat Fullerton, Title Officer Page lof 1 · First American Title 1. (WA) Commitment 2 ~ First American Rrst American Tltls InsutallCd CDmpany 818 Stewart St, Ste 800 Seattle, WA 98101 Phn • (206)72B-0400 (BOO)826-nlB Fax • Pat Fullerton (206) 61S-30SS pfullelton@flrstam.com ESCROW COMPANY INFORMATION; Escrow Officer/Closer: GAIL RANDALL GRandall@firstam.com First American Title Insurance Company 3905 Martin Way, Ste A, Olympia, WA 98506 Phone: (360)350-6760 -Fax: (866)341-0145 King County Title Team One Fax No. (866) 904-2177 Jennifer Salas (206) 61S-3011 jsalasOfirstam.com To: WestPac Development LLC 7449 W Mercer WAY Mercer Island, WA 98040 Attn; Travis Defoor Re: Property Address: 312 Field Place SE, Renton, WA 980S9 Second Report First American Title First American Title Tina Kotas (206) 61S-3012 tkotasOflrstam.com File No.: 4291-2109270 Your Ref No.: QPID-12170 , First American Title Form No. 1068·2 ALTA Plain language Commitment COMMITMENT FOR TITLE INSURANCE Issued by Commitment No.: 4291-2109270 Page 2 of 11 FIRST AMERICAN TITLE INSURANCE COMPANY Agreement to Issue Policy We agree to Issue a policy to you according to the terms of this Commitment. When we show the policy amount and your name as the proposed insured in Schedule A, this Commitment becomes effective as of the Commitment Date shown In Schedule A. If the Requirements shown in this Commitment have not been met within six months after the Commitment Date, our obligation under this Commitment will end. Also, our obligation under this Commitment will end when the Policy is issued and then our obligation to you will be under the Policy. Our obligation under this Commitment Is limited by the following: The Provisions in Schedule A. The Requirements in Schedule B-1. The General Exceptions and Exceptions in Schedule B-I1. The Conditions. This Commitment is not valid without Schedule A and Section I and II of Schedule B. Pat Fullerton, TItle Officer FIrst AmerlG1n ntle First American Title ; First American Title Form No. 1068·2 ALTA Plain Language Commitment SCHEDULE A 1. Commitment Date: January 07, 2014 at 7:30 A.M. 2. Policy or Policies to be issued: Homeowner's Rate with 10% Combination Discount AMOUNT Standard Owner's Policy $ 630,000.00 $ Proposed Insured: The Quadrant Corporation, a Washington corporation Simultaneous Issue Rate with 10% Combination Discount Commitment No.: 4291·2109270 Page 3 of 11 PREMIUM TAX 1,171.00 $ 111.25 ALTA Extended Loan Policy Proposed Insured: $ To Follow $ To Follow $ To Follow To Follow Easement Charges $ 3. (A) The estate or interest in the land described in this Commitment is: Fee Simple as to Parcel(s) A, an easement as to Parcel(s) B. (B) ntle to said estate or interest at the date hereof is vested in: MARVIS M. MILLER AND MARY E. MILLER, HUSBAND AND WIFE 4. The land referred to in this Commitment is described as follows: 40.00 $ Real property in the County of King, State of Washington, described as follows: The land referred to in this report is described in Exhibit A attached hereto. first American Titfe First American Title 3.80 .. First American Title Form No. 1068-2 ALTA Plain language Commitment The following requirements must be met: SCHEDULE B SEcnONI REQUIREMENTS Commitment No.: 4291-2109270 Page 4 of 11 (A) Pay the agreed amounts for the interest in the land and/or the mortgage to be insured. (B) Pay us the premiums, fees and charges for the policy. (C) Documents satisfactory to us creating the interest in the land and/or the mortgage to be insured must be signed, delivered and recorded: (D) You must tell us in writing the name of anyone not referred to in this Commitment who will get an interest in the land or who will make a loan on the land. We may then make additional requirements or exceptions. (E) Releases(s) or Reconveyance(s) of !tem(s): (F) Other: (G) You must give us the following information: PART ONE: 1. Any off record leases, surveys, etc. 2. Statement(s) of Identity, all parties. 3. Other: SCHEDULE B SEcnONII GENERAL EXCEPTIONS A. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. B. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. C. Easements, claims of easement or encumbrances which are not shown by the public records. D. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. E. (A) Unpatented mining claims; (B) Reservations or exceptions in patents or in Acts authorizing the issuance thereof; (C) Water rights, claims or title to water; whether or not the matters excepted under (A), (B) or (C) are shown by the public records; (D) Indian Tribal Codes or Regulations, Indian Treaty or Aboriginal Rights, including easements or equitable servitudes. F. Any lien, or right to a lien, for services, labor or materials or medical assistance heretofore or hereafter furnished, imposed by law and not shown by the public records. G. Any service, installation, connection, maintenance, construction, tap or reimbursement charges/costs for sewer, water, garbage or electricity. H. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof, but prior to the date the proposed insured acquires of record for value the escrow or interest or mortgagees) thereon covered by this Commitment. first American Titfe First American Title ---------------------------------------------------------~------------------------------------------, .. First American Title Form No. 1068-2 ALTA Plain Language Commitment PART TWO: SCHEDULE B SECTION II EXCEPTIONS Commitment No.: 4291-2109270 Page 5 of 11 Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction. The printed exceptions and exclusions from the coverage of the policy or poliCies are available from the office which issued this Commitment. Copies of the policy forms should be read. 1. Lien of the Real Estate Excise Sales Tax and Surcharge upon any sale of said premises, if unpaid. As of the date herein, the excise tax rate for the City of Renton is at 1.78%. Levy/Area Code: 2142 2. General taxes and assessments, if any, for the year 2014, in an amount not yet available, which cannot be paid until the 15th day of February of said year. Tax Account No.: 152305-9093-00 Assessed Land Value: $ 189,000.00 Assessed Improvement Value: $ 45,000.00 Note: Taxes and charges for 2013 were paid in full in the amount of $2,996.67. 3. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: Marvis M. and Mary E. Miller Grantee/Beneficiary: Alco of Washington Trustee: Trans America TItle Ins. Company Amount: $6,258.96 Recorded: December 30, 1987 Recording Information: 8712301364 According to the public records, the beneficial interest under the deed of trust was assigned to First Federal Savings Bank by assignment recorded February 12, 1988 as 8802121109 of official records. 4. Judgment. In Favor of: Donald Phelps Against: Mary Miller Amount: $39,737.31 , together with interest, costs and attorneys' fees, if any Dated: October 17, 2003 Filed: October 17, 2003 Judgment No. (lfapplkahle): 03-9-31463-9 Case/Cause No.: 03-2-37414-8 Attorney for Judgment Creditor: Griffith Francis Flaherty 5. Lien for Water Charges in favor of King County Water District No. 90 Against: Mary E. Miller Amount: $284.50 Recorded: September 10, 2012 Recording Information: 20120910000953 Rrst American Title First American Title .. First American Title Form No. 1068·2 ALTA Plain Language Commitment 6. Federal Tax Lien: Taxpayer: Certificate No.: Amount: Recorded: Recording Information: Mary E Miller 957079613 $20,0778.51 September 05, 2013 20130905000015 Commitment No,: 4291-2109270 Page 6 of 11 7. The effect of the matter(s) shown in paragraph(s) 5 and 7 herein depends upon the identity of the debtor/taxpayer with the name(s) of Mary E Miller. The enclosed identity affidavit should be completed and returned to this office to help determine the identity of said party(s) prior to closing. 8. The right, title or interest of Terry Miller, as disclosed by Application for Title Insurance. 9. Examination of the records discloses numerous matters pending against persons with names similar to Terry Miller. A statement of Identity should be completed and returned to this company for consideration prior to clOsing. 10. If the mobile home located upon the premises is to be insured under the policy to issue hereunder, a Manufactured Home TItle Elimination Application (Form TC 420-730) pursuant to Chapter 65.20 RON must be recorded in the King County Recording Office. Note: A Fee will be charged by the State of Washington Department of Licensing for processing a "Manufactured Home TItle Elimination Application." Absent the recording of said Manufactured Home Title Elimination Application, the mobile home is not considered real property and will not be covered by our policy of title insurance when issued. . Please advise at the time of closing whether a Manufactured Home Title Elimination will be executed. For current information regarding applicable fees, charges, availability of processing forms and/or procedure inquiries, contact: King County: Kitsap County: Mason County: Pacific County: Pierce County: Snohomish County: Spokane County: Thurston County: Whatcom County: Yakima County: (206) 296-6696 (360) 337-4440 (360) 427-9670 (360) 875-9309 (253) 798-6111 (425) 388-3711 (509) 477-2222 (360) 786-5406 (360) 676-6740 (509) 574-1100 11. Effective February 15, 1991 pursuant to House Bill No. 2907 (Mobile Homes Relocation Assistance) there may be a fee due on a change of ownership of a mobile home. this fee will be paid to the Department of Licensing at the time the mobile home title is transferred. The fees are as follows: A fee will be charged if the mobile home was sold between July 1, 1990 and September 5, 1990 or between February 26, 1991 and the current date. Arst American ntle First American Title .. ------------------------------------------------------ .. First American Title Form No. 1068~2 Commitment No.: 4291-2109270 Page 7 of 11 ALTA Plain Language Commitment No relocation fee if sold prior to July 1, 1990 or between September 6, 1990 and February 25, 1991. For current information regarding applicable fees, charges, availability of processing forms and/or procedure inquiries, contact: King County: Kitsap County: Pacific County: Pierce County: Snohomish County: Spokane County: Thurston County: Whatcom County: Mason County (206) 296-6696 (360) 337-4440 (360) 875-9309 (253) 798-6111 (425) 388-3711 (509) 477-2222 (360) 786-5406 (360) 676-6740 (360) 427-9670 12. Reservations and exceptions contained in deed from Northern Pacific Railroad Company: 13. Auditor's File No.: 241250 As follows: Reserving and excepting from said lands so much or such portions thereof as are or may be mineral lands or contain coal or iron, and also the use and the right and title to the use of such surface ground as may be necessary for mining operations and the right of access to such reserved and excepted mineral lands, including lands containing coal or iron, for the purpose of exploring, developing and working the same. Easement, including terms and Recorded: Recording Information: In Favor Of: For: provisions contained therein: May 29,1981 8105290905 Puget Sound Energy, Inc., a Washington corporation Electric transmission and/or distribution system 14. Any and all offers of dedication, conditions, restrictions, easements, fence line/boundary discrepancies, notes and/or provisions shown or disclosed by Short Plat or Plat 880059 recorded under recording number 8107010684. 15. Any and all offers of dedication, conditions, restrictions, easements, fence line/boundary discrepancies, notes and/or provisions shown or disclosed by Short Plat or Plat No. 880059 recorded under recording number 8302011019. 16. The terms and provisions contained in the document entitled "Temporary Water Service" Recorded: February 12, 1991 Recording No.: 9102120844 17. The terms and provisions contained in the document entitled "Ordinance No. 4612" Recorded: June 21, 1996 Recording No.: 9606210966 18. The terms and provisions contained in the document entitled "Ordinance No. 5465" Recorded: November OS, 2009 Recording No.: 20091105000541 RrstAmerican77t1e First American Title , First American Title Form No. 1068-2 ALTA Plain Language Commitment INFORMATIONAL NOTES Commitment No.: 4291-2109270 Page 8 of 11 A. Potential charges, for the King County Sewage Treatment Capacity Charge, as authorized under RON 35.58 and King County Code 28.84.050. Said charges could apply for any property that connected to the King County Sewer Service area on or after February 1, 1990. Note: Properties located in Snohomish County may be subject to the King County Sewage Treatment capacity Charges. B. Effective January 1, 1997, and pursuant to amendment of Washington State Statutes relating to standardization of recorded documents, the following format and content requirements must be met. Failure to comply may result in rejection of the document by the recorder. C. Any sketch attached hereto is done so as a courtesy only and is not part of any title commitment or policy. It is furnished solely for the purpose of assisting in locating the premises and First American expressly disclaims any liability which may result from reliance made upon it. D. The description can be abbreviated as suggested below if necessary to meet standardization requirements. The full text of the description must appear in the document(s) to be Insured. LOT 2, SP NO. 880059, REC. 8302011019, KING COUNTY APN: 152305-9093-00 APN: 152305-9093-83 E. All matters regarding extended coverage have been cleared for mortgagee's policy. The coverage contemplated by this paragraph will not be afforded in any forthcoming owner's standard coverage policy to be issued. F. The following deeds affecting the property herein described have been recorded within 36 months of the effective date of this commitment: NONE Property Address: 312 Field Place SE, Renton, WA 98059 NOTE: The forthcoming Mortgagee's Policy will be the ALTA 2006 Policy unless otherwise noted on Schedule A herein. NOTE: We find no judgments or Federal tax liens against the vestee herein, unless otherwise shown as a numbered exception above. NOTE: A FEE WILL BE CHARGED UPON THE CANCELLATION OF THIS COMMITMENT PURSUANT TO WASHINGTON STATE INSURANCE CODE AND THE FILED RATE SCHEDULE OF THIS COMPANY. first American ntle First American Title " First American Title Form No. 1068-2 ALTA Plain Language Commitment CONDITIONS 1. DEFINITIONS (a)"Mortgage" means mortgage, deed of trust or other security instrument. Commitment No.: 4291-2109270 Page 9 of 11 (b) "Public Records" means title records that give constructive notice of matters affecting the title according to the state law where the land is located. 2. LATER DEFECTS The Exceptions in Schedule B -Section II may be amended to show any defects, liens or encumbrances that appear for the first time in the public records or are created or attached between the Commitment Date and the date on which all of the Requirements (a) and (cJ of Schedule B -Section I are met. We shall have no liability to you because of this amendment. 3. EXISTING DEFECTS If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may amend Schedule B to show them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing. 4. LIMITATION OF OUR LIABILITY Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its Requirements. If we have any liability to you for any loss you incur because of an error in this Commitment, our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to: comply with the Requirements shown in Schedule B -Section I or eliminate with our written consent any Exceptions shown in Schedule B -Section II. We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is subject to the terms of the Policy form to be issued to you. 5. CLAIMS MUST BE BASED ON THIS COMMITMENT Any claim, whether or not based on negligence, which you may have against us concerning the title to the land must be based on this commitment and is subject to its terms. cc: The Quadrant Corporation cc: Terry Miller First American Tide First American Title First American Title Form No. 1 ()68. 2 ALTA Plain Language Commitment First American .. ~ I First American TItle Privacy Infonnatlon We A.-. Committed to Safeguarding Customer Infonrultlon Commitment No.: 4291-2109270 Page 10 of 11 Rrst American l1t1e Insurance ComPllny 818 Stewart st, Ste 800 Seattle, WA 98101 Phn -(206)728-D400 (800)826-7718 Fax - In order to better serve your needs now Zlnd In the future, we may iISk you to provide us with certZlin information. We unden;tand that you may be concerned about what we will do with such Information • particularly any pen;onal or financial Information. We agree that you have a right to know how we will utilize the personal Information you provide to us. Themore, together with our subsidiaries we have adopted thiS Prfvacy Policy to govern the use and handling of your personal intormatiorl. AppIlcablUty This prtvacy Policy governs our use of the Information that you provide to us. It does not govern the manner In whiCh we /TIlly use information we have obtained from any other SOUJU!, such as Infonnation obtained from a public record Of from another pefSOIl Of entity. Arst: Amentan has also adopted broader guidelines that govern our use of persor.allnformation regardless of its 5O'JfCe. Arst AmeI1can calls these guidelines Its Fair Information Values. Types of Infonnation Depending upon whldl of our services you Ire utilizing, the types: of nonpubliC personal Information th!It we may collect Include: • Inrormatlon we recetve from you on applications, forms and In other communications to us, whether In writing, In person, by teIephonf! or IIny other means; • Information ilbout your tl'ilnsactions with us, our affiliated companies, or others; and • information we receive from a oonsumer reporting agency. Use of Information We request infom1atIon from you for our own legitimate bus1nes5 purposes and not for the benefit or any nonaffiliated party. Therefore, we wlll not releilse your Information to nonaffiliated parties except: (1) lIS necessary for us to provide the product or service you hiM! requested r:I us; or (2) as pennltted by law. We may, however, stOA! such information indefinitely, Including the period aftet which !lOY customer reiiSlionshlp has ceased. Such Information may be used for any intemal purpose, sucflas quality control efforts or customer ilnalysls. We m~ also provide an r:I the types or nonpublk: personal information listed abcM:! to one or more at our affiliated companies. Such affiliated cornpi!nIes Include nlllllldlli service providers, such lIS title insurefs, property and casualty Insurers, and trust ilnd Investment advisory companIes, or companies Involved In real estate 5efVlces, SudllS appraisal companies, home wammty companies and escrow companies. furthemlore, we may also prcMde aU the Information we collect, as cIesoibed iIbove,. to companies that perform marketing seMc:es; on our behIIlf, on behilif r:I our affiliated companies or to other nnandal Institutions with whom we or our afflilated companies have joint marXetlng il!jreemeflts. ...,.,... Customor1l Even If you are no longer our ClIStomer, our Privllcy PQllcy wlU continue to apply to you. Confidentiality and Seanlty We wID use our best eIfort:s to ensure that no unauthorized parties have acc:ess to any of your Information. We restrIc:t /IIXesS to nonpubllc personal InfDITTIBtiDn about you to Ihose individuals and entities who need to know that Informatlon to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that 'r'DIJI' Information will be handled responsibly and In accordance with this Plivacy Policy and Arst American's Fair Information Values. We currently maintain physical, electronic, and procedural safegUlrdS that comply with federal regulations to guard your nonptilllc personallnfoonlltlon, Intormatton ObtaIned Through OUr Web SIte FIrst Arner1can An;mclal Corporation 15 sensitive to privacy Issues on the Internet, We believe It Is Important you know how we treat the lnfoonatlon about you we rece!v! on the Internet. In general, you an visit Arst American or itS affiliates' Web sites on the Wortd WIde Web without telling us who you are or revealing IIny information ilibout youlSelf. 0Jr Web seNerS collect the domain names, not the e-milil1 addresses, of visitors, this Informatlon Is aggregated to measure the number of visits, averilige time spent on the site, Pige5 ~ lind similar information, Arst American uses this IrIfonMtlon to measure the use 01 our site and to develop Ideas to Improve the content fA our site, There are times, however, when we may need Information from you, such as your name Ifld ernen address, When Information Is needed, we will use our best efforts to let you know at the time 01 mIIectlon how we wiD use the personal Information. Usually, the personal Information we collect Is used only by us to respond to your Inquiry, process ilin order or allow you to access specific acmunt/profile information, If you choose to share any personallnformlltlon 'o'oith us, we will only use it in ICCOfdance with the policies outlined above, BusIness ReIatIonsfllps Arst AmerIcan Flnandal Corporation's site and itS affiliates' sites may contlin links to other Web sites, Whlle we tty to link only to sttes that share our high sn.ndards and respect for priviKy, we are not responsible for the content or the pr1vacy practices employed by other sites, COOIdeo some 01 Arst AmerIcan's Web sites may make use r:I "cookie" technology to measure site activity and to customize Information to your personal tastes. A moIde Is an element r:I data that II Web site CiIIl send to your browser, whldl may then store the cookie on your l'Iard drlvt!. BI::5t&:nJ:IIm uses stored cookies. The 9011 of this technology Is to better serve you when visiting our site, SIIVf! you time when you are here and to prnvIde you with a more meiJIllngful and productive Web site experience, FaIr Information Values FaInMta We consider consumer expectations ilOOut their privacy In all our businesses. We only offer products and services that assure a faVOl'<lble balance between consumer benefits and consumer ~. . Public Record We believe tIuIt an open public record creates significant value for society, enharlCeS consumer cOOIee and creates consumer opportunity. We actively support In open public: record and emphasize Its importanCe and contr1but1on to 0Ul economy. Use We believe we should beh<lVl! responsibly when we use Information llbout iii consumer in our business. We will obey the laws gCM!l1llng the collection, use and disseminlltlon at data. Accuracy We will take reasonable steps to help assure the accuracy of the data we collect. use: and disseminate. Where possible, we will take reasonable steps to 1XlITect. Tnaceurate Information. 'Nhen, as with the public record, we cannot correct inacaJrate Information, we wiD take an reasonable steps to assist consu~ In identifying the source of the erroneous data so that the consumer CiIIl secure the required corrections. EducatIon We endeavor to educate the users of our products and services, our employees and others In our Industry about the Importance 01 oonsumer prtvacy, We will insbud: our employees on our fllir information values lind on the responsible collection and use or dilta. We will encourage others In our Industry to coiled: lind use Information In a responsible manner. Security We wID maintain appropriate flIdIIlles and systems to protect against unauthorlzed access to and tomJptIon 01 the data we maintain. Fonn 50-PRIVACY (8/1/09) Page 1 of 1 Privacy Informatlon (2001-2010 Am American Flnandal Corporatlon) first Arnericdn Tltle First American Title , First American Title Form No, 1068·2 ALTA Plain Language Commitment Commitment No.: 4291-2109270 Page 11 of 11 FIRST AMERICAN TITLE INSURANCE COMPANY Exhibit "A" Vested Owner: MARVIS M. MILLER AND MARY E. MILLER, HUSBAND AND WIFE Real property in the County of King, State of Washington, described as follows: PARCEL A: LOT 2, OF REVISED KING COUNTY SHORT PLAT NO. 880059, AS RECORDED UNDER KING COUNTY RECORDING NO. 8302011019, RECORDS OF KING COUNTY, WASHINGTON PARCEL B: A NON-EXCLUSNE EASEMENT FOR INGRESS AND EGRESS AS DEUNEATED ON SAID SHORT PLAT. Tax Parcel Number: 152305-9093-00 and 152305-9093-83 Situs Address: 312 Field Place SE, Renton, WA 98059 first American Title First American Title ::!! ia » 3 CD ~. ::J ::! "" CD ~.O 1>'1'· " ..... "M \% 2~ ~?, '" 29 ~'·,a ~~ i,;. 0, ~,\ ., 0' ~ ! n: :1350 sr I '" 9100 ~I m,,, I ! 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Ih.lr ....,. ._--_._----------•. IAY141859 --..,. ... -- Page: 1 I· t Page 1 of 1 RECEIVED \ IJ l-U n CITY or-RENTON PLANNING DIVISION http://fast.firstam.net/smsfast/imagingWB/pub/pages/preview .html?isSingle= 1 &Reposito... 1/14/2014 First Americafl Title First American Title 4. Exception_Q:,L871?3QJ9§4 .,_ ._.~ ._-; '''." .~.' ." "'. -.. ". .': . .. ""'~" . / \.Q- DEED.OF TRUST , . Lh'::: This Deed of Trust, M~de this ___ '_' __ d<ly <If 2!f...T~,f,~ .. H.\RVIS H. , IIARY E. HILLER ,I" _ 13624-140tb PL. S.E.· RENIOK, IIA. 93056 _____________ ", TRANS"""'JAIIER""""CA"-T£'"n"'E"IN"'S".cC~O,HP~",ANY,:::-________ • a~ T,ustrl', WfWS(." ad'!! ... ~_; j ... P.O. BOX: lit!!) BELLEVUE, WASH. 98009 . and ALeO OF IlASHn.crON 20656-84th AVE. 'SO. ------- Witnnsdh:,Granlur her('by t>.argilins.,' !K'lIs ... OO ()n\l~'YS 10 Trust('c ill, rru~t. wjth pm",. ,,( ~.,I<'. the ~oJlowing I'\"al propertY,jn KltlG .County, W<lshingltm: ,TILE EAST HALF OF THE WEST HALF ('IF TIlE m)~nruES:r QUAP.TER OP .!l1E ~ll1i.nnm>T :QUAltTER or TIlE SOU11\EAST QU~TER OF SEC'no:. "IS-roWNSI~P,23 NORTH, IW{CE 5 Id!. FILED or .Roc at Requ~f • '. "' . . _aJI ~ ~.~ _ ~ tPjf:..lffS71 0 / S7 .... 12/3(' . ~ECD' F' CI=ISHSL 6.·)0) . ,"'~-"''''6. Q(l 11 which :real propt'rty is n~( used prindp.llly tor agrl(uUur~[ !-,r (Mnli_"g plirposl'!> to!;e~ht~r with aU .' tenemenl", heR'liitaments, and appurtendllces now or h"~re~flcr. thell:ynto b:e1onging or in any, wiSe ,appo;!rtaining, and trye I'l'nt~, issul:s and, ph,filS thert'or. . This deed is for the pillpO$('" of ~u?ng ~~rma~(~ of l'.l.:h ilS~t'.ment I)~ ~~);~r hewin con-' bif'ed, and payment ollhe sum o£Sr.,\IJ"rn:--om il.l.n-. -"x¥(:CI 1i..9, -1.',11 Do'lars (S~) with inie~t..in acco~d~ncc Ivit~ the terms,ot it p~missory note o( e~en dale herewith parab'",. 10 Benefidiry'oJ order, and made by Granlor, and all renl'wats, modifications and e!(.tensions Ihi:rcof, iind also such furyher sums as .may be advanced or loaned by Bt'nt'fici.i1ry I"~ ""'nto~, or.' . i1ny of tht'i~ 5U(CCSSOr5 or assigns, together with ,interest thereon at :;ucn rate as ~ ..... ,I be ag~d . upon." . T~ plUrect t~ S«'Urity of this ~d QfTru~t. Cr.lntor cllV!!II .. nl'; .lnd'~gl'\"t"'i: I. To kl"f'p thi! P"'P"'''Y in &<>00 cO'ldltion Ind rer~j,; to !,,-,.m'I no .... ~>U'Ihe",oI; h> "omp!~tc .. "y btJildinK-...... C- Iu ... or 1mP't""",",1 b.i"Jl; built or .bon:: .• to.-buil! .Ih'....,,,; '" """If'\' promptly ~r\y buihJinK. ,hu<lu", or ;"'1"'''''' rncm th" ... "", ... ·h,m "",~ 1:'1' doo" .. t<"<l '" d~rorO!d; Ind 1o (umph' ... ,,11 .11""'· •. Oloiin.",·~~, 'CiQJ!"t;"" •• (OV11nanlf, con,hliollS and ~tlons ~1ing Iht p",~.. . . 2. To ply bel"", Jdi"'l"ent .0 I.wful "'"..;. .,>oJ ~'"!'n" ... ·"t. UPU" .",. P"'I"'fty; I ........ ;p ,he propo.'r1y ("'t .nd . ~n "'.0 <>tit ... eN,&", ~ .... s Of """',,!bn..:;.-a L"n~irinl\ the· ... -.:urity <.>1111" o..'E'd "I TN.t.. . . . . 3_ To kcoo-p.1I buUdiJI~ ,""'" 01" "" .... I'!, ........ '<fed un 'h.· r"'P.:ny d~"'ri\>C.J he, .. iJI ,,~.!iJluiJ.uMy i .. sun'<! ~n'l Io-.. s ioy """ orolton :WU~J' on In _ ... n' nut In,; ',hdn 'he tu",1 de"" J<'<UfI.-J by Ihi •. O .. ,-;I ofTn"I. An pnlidn wll bt .... Id by 1M IIenorfici.ory, and to.-In ... eh comp.nll'S U lIu> 1Io.·""',d ... " rn.oy 'rr"" .... 1Id h;tH' lOS/; .... v.bJr 6~ to. Iht-B.ne/K' .y as Its 'n~1 ... "". 'PP"u Ind Ih .... ,,, Ih~ Cr.>n.Ol, Th~ -.moun! ~tJl""I.'<i un<k-' ~"Y iruur4"'" poIi,)' ""'Y ~ .ppliN u~ .'1}' in~,·bI.odn ... s .... n·~· ........ """ In .""h "ttl .. , h In .. IIo.·"riiciary slull dt!to"m>i .... , Such.ppl"' •. ' tion by II'M' 1k ... ·6c;ar~' ),'wn ..... t.tU,W di"""'IinuuKt" (1/ ony p'~::"".:Jjn~. 10 f,,' ...... I~ 'hi~ 0...-0 uI Tru-;t In Ih~ ' ...... n' 01 <!i.e .......... 4n 'ip;hto '" If>o.oC",,,I,,, in 'M" ......... poIiOn. lh~n in I.m-;. ""'"~ .... 10 the ru,\.hl ..... , "'. fon...-k>:Iu .. ... 10. . . t. To.!ftt.NJ ''')I .... tion .... P""'" din'! P"'ror1"" 10 ~fkd , ........... uril) "., ... ~ .. or Ih<-ri~U or f""'O'n til ~.oc;.ry or T~, .nd 10 ~.n ~<'$/:<" J Up'''''In. indud,n, cost of I,tlt-"'.reh ~II<I mom~"~ r,'t'"\ ill a 1Y~_.bI~ ,,'oount. u..any MKh KtOcm Of f'l'l<"'di"3-.nd in 'ny ""I btuugh' by ".,nl'fidl'Y '0 fm,-do.-.... ,hr~ o.....t 0 Tf .. "'. S, To...,...u CD$l5. fff.. ... nd n~n_ in <xmn«tign wilh Ih,~ [J(.c.d 0/ Tru~1. '"duding tkt" ~~P."'W1 01 the rru~l.-e uw:w-nod iJI ... dotrinll , ..... ot4il:ltion I«LI""" ~ ~nd T",stfto'~ ~nd ... ,~ ","~tu.II)' itoolnwl .• j.,..,..;.ted t,. 5l.llot_ , . 6. Should er.nt</J Lui to p4)' when d .... .iny ~"'" ....... ·umml., insuronc .. pmn.ulllS, lio:oru, """'''lbnA<'ft'or othtr chAJx.<' . .pnst !'h<-pNJWrty hm>i",\:ou ... ~ dHCri""'-l, 8t-rd.n.o~'·IT"Y I"Y ,h .. "''''''' •• nd th~ .omuunl .., poiJ. ,,·,tIl in~ "' lhe rllt" H11urt~ on th( ..... I<' sro.onid ... ...ov. "'"I PI.' Idd.-d 10 and boororM 1 ~rt ullhrd~ lII'CUred . in !hi, DHd ofTovot . --'.".~":" i I _L. Description: King,WA Order: 1234 Comment: Document -Year. Month. Day. DocID 1987.1230.1364 Page: 1 of 2-"------ First American Title First American Title It is mutually' a~ lhal;' ",' . . I: In the ........... y ~ of IM,prop<'rty is !.Ilen c.. d.m4gN ir..on emirwnl tlom~ill pnx'''''d'ns. ."I' ""Iin' mIOC:/Il!'f tfw _rd or ~ portion thmoo( •• may boo IIffn1,.Ory to funy uri"" , .... obHII"Mn S«!J .. ..:I h.er.'I>y. <1\.,11 b. paid to I~ I!imeficUry ''''l>f .pplitod to wid obli~H"". 1. By ~n. p.tymml III.any Jum HiCVI'ed Mrdoy .11,.,. itl due d.o~" flrnefid.iry .I"". 11,>\ W.lj,'~ it< "1\1>. 'n '""I"ln prompt ~~t wMn d~uf.' DI"". suml."li«lIrN OlIOdKr..,.., dn.<ll. fur f~.",.. ' ...... ' f"f' .. 3: ""'" Tm...., sh"n "",,,n~.I1«...,. """,of IM,poope"!)' cowr.d b)o. thil 0W0d of 1 .... ' t" Ih~ po,'rs<Of1 ,-111;,1.-<1 1~01I writ'"' ""J-oI~C~"IOr.nd the ~ry. O" .. pon ... ttsfution ofth.,t,U9lion !, ... ",,'ol .,,,] w"t"·,, ..q_ b 1~':<'''''''Y*n« m.t<k by Iht Bmtlkilory« 1M prrsmftntitlftf 1~r.!tO . . ~. _.Upon dftaull by C,.,.,tor In ,he poymm 01 .. i.y lnddlkdne'o&....,.,~ hofttr:r or in , ..... p<"rl''"'''n(~ '" ~:w . I~L conr..ined bnmI, all SllIm -.J'fd ~ aha~ imrnedWtdy booa;me due and p,i)".bk.l It,,· "pH"" III the ~.In I<Kh eweIIl wupoil wrilltnl'1!qlN'Slollh.t ~,I)', T~sn..usdl ,Iw '"'''' P""t" ny. in "'l'Of.1lr. •• ' • ,with the ~ 0; 1hm Ad of ~ St.te of Wuhinjton. ., public ,uction III the III/lh~1 bidder_ A"!" p..:rs..»1 <.n-pI Tn",", IIU)' bid., Tnrlotl"t"s soJoo. TnN<"e ,tW1 'pPly tht prtJo."t!'ds of tlor w ~J fo.Dows.: elJ 10 Ih~ ~pense ollhe ,.,1..', il'lduc1ill& ' ... aSotllUi»t Tr .. _·§ 1ft and attonwy'lo fee; (2) 10 thl-obHp'1ion ileCUred.by Ih~ DEN of T",st.: (3) I .... surplus. U 'ny, shall N d~p,,,il~ wilh 1M dm af lhe ."",rI cot the counly of Ale. -, 5. T",siff shaD ddj.," '" w pwtNse-r Ii Int $lit. Us~, witho!ll _mnly, wltidl,II.oU "W"f}' 10 I~ pun:hU.er 1M ~"'rnt In 1M property , .. hlch GRIllOt" hW 01 h~d lhe ~r I<> C'OnVfy .II I .... tinif <>f hi; c~c'<'Uli"" col ::t litis D«d ofTf\I£I, ,nd ,,;,m " he mill)' ~ acqui~ IhfiNfter. Tro.ln's dt'tG $lull ,rot .. Ik.f t~<I$ shnwin51 .... !.lh ... ... ule wu condudtd in compliarw;w with.U th .. requlmnmts of ..... and of tills IJftd of rrusl. ... ·hich ....nul sh'll t..:> . ~ prirru facie II!'Vid~1lCII! of .ud, complillno:e ind ~or>duii"e ~fnce IMrtof in two. of oon~ fid~ p"rchoiscrs .Ind .... Mum· .... br;J;ncns for v<llw. . . . '. . .0 _6. ·The F"~r of "..1" (Opfer=! br Ihis ~ ufTrtI$I and by Ih .. DHd of T ..... '" Act ilf lhe Siale 01 Washington i. ':1 not ~n hrlusn'" ",lMdt; ~.rr.ay.<ousc ~IS lhd of Tr:u'" 10 t..!~ "' ~~. -~.. 7. In the -.., of the..,,'h, inapaOty, dlRbiUty oj-reslption ofTruSlH, BrrOtficUry lMY'ppoint. i" "_'riling. ., _ .. ~u~sor TruslH. and u ....... Ih .. lKt'Irdi,,&ofsuch .Ippoinr",enl;n lhe rr.ongagc ~o,d'.oflh .. (ounty In ... hk" Ihis t"-DHd o/T"'S1;"~, tht~TlU"'",oIYIJ~ ~1N_wilhall po.>w<'n o(lhe orlginalTtuSt .... TheT",",f'e i. III ~ ob~3Ited 10 nOlify;,ny pArty ~o 0/ pending sal .. "nd.r any OIM J?ftd ulT",.1 or ", 3ny «lion or prc.:e.:ding in which Cranllw; TnuIH 01 ~ry ","U be, pI:ty unltss surh.tction or plOc~-.ed;"& ls brought by the.liitStff. 8. This Det-d ofTru",.pp,Iin 10, "'''rK to !he """,,lit of, and is bindIng r,or only on II> .. parti<'S htfl'to, but Oil their twm,~, IftIl"~ adm;,.istrat.ot-,o, c>«Ulor$. IUCCft5<!n al.e! ~Hign$. Th .. llInn 8ent-lidloty .h.,1l1_.I" Ihe holder and owner of Ihe ~ -'«lIm:! t..rd>y" whotlwr or not n..~ u Bmftidary h~n. 9. Tran.l .... oIl~ ~rty: if ill Of'I1)' p.lrI of It... p""P"iy or .ny ini~ in il i~ .old '" lransr.m:d Wo_lhou! 1m",," prior writtC'n «>nSomI; If ......... ""'Y, i! its q>tion. Il'<jUW immtdil.tc ~nl in full af aU 511 .... Ffalm:I by this Seruritv _IMtrume:'>t. . ,'. " . . 10.· ~ invalidity O! ,,~foru.:.biLty at all) p=itular p.o.istofl 01 thi> a~I WO'""" ~It«t ils uth .... provisiOM. Th .. ~,nt sh&JI beconstmtd In ,II ""'~ a~ ,/ such invalid o~ "n~nfo..-c.;.bl .. provhion , •• _. o.m·,ltro. W;~ the handCI) oJ ~ Gl1nlOl(s) on ~ d..y ,'nd ) .... r firsl ~bo\ ..... -filten. .. . . X ~~:;=~.;.£~~~~;.\ -= ~ . ...::; ~ )-.::; fOoTRrMtEmtt x.1t44&jf t~ 1Z1;U"pt...I ~ :~.f. ,?n!1I)"; 'y:,o: ----_. , ';: ~~~ .. j.,,: . . -;...~'. ", ' ..... :! .. 7~:···~~:~·:': REQUEST fOR FVLL It£CO~. V£YANCt . Thr undrnigwd is tht'1fi.a/ .-ncr.nd hukI...-.... Uw nOk.and all utlor. in<Iri1tn:I~ •• ~a .. ..d by the within Oftd at Trwt. S&id note, Iogt'ther WIth aU odwr ~~ SKu.-.d by ~id ~ 0/ Trust. M 1Iftn ,ruDy p.lid n.": ... 1IJ&d; ...... y"""" ~ ffqUt"Strd.nd d'""CIN. <.In ~11o ~ III any SUIm_ninlllo)"OU undn-1M trTW$ of uid Doot-d at Tru>l, 10 ("~ w.id nott'lbo\.e mmlioot'd, and.lll_ evidmct'I of indebt,"",,", >«\1m:! by Hid Dr.d of Tf\I$I dtItvt'nd to you """""Ih. ~hr.-"'"" ~ Wd n...t 01 Trvst. .rod :o,con"". wilhoUl wmvIty. 10 tht P""""" ~Wd r-! the -. of ~ D-.I '" Trust.. aU 1M _ J>(JW hrkI by )'lid thft-tundcr. O'I""tIW. ____ ..... ___ · ___ 1'1 ______________ .,--.,. __ Ma -...,Vtr ___ 10 ____ -,-____ -'-,_-,-_____________ _ I ! I _. _ ..... --------. ......,.". ·f 1 , .. Document _ Year.Month.Day.DocID 1987.1230.1364 page:_ 2 of ~--.. ~ Description: K ng, nn. _ Order: 1234 Comment: First American Title First American Title i I , ASSIGN_NT OF OEEO 0# TItVIT .. C.!~OI _.~t., ________________ _ 'ransl .. " to FIRsT FED!B.AL SAVIl1GS BANi: 01 9th' St. Joe STATE OF COUNTY Of -_____ ._ .. CIty 01 Rapid qty' _____ . .~S' _ t!f. ~!!~.:iQTQ!'_ ___ . _ 8/£'/A~ _:'~A ~ICf,.l:!A.-~_ ---(1-.. , ""7T--~~ '"' T.u .. _.-.. .,;:~=o.:--"::-:-,,,,'-'=..:.,.=--__ ~-,==--= INPIVIDUAI.. ACKNOWLED(UIEHT .. .. 101, CI~ .. ~IC'tme . ___ • ___ 0. _____ _ .. _0. ... a ~I~', P"boo(" .... anQ '0' ... >11 SUI ... P"tSOr.llly .PP<''''~ _____ . ______ _ ,,,toscr'Qfd 10 III<! ... ~ "l5U""'tnl ~n.:llc.no"'I,,"Q<_a I~dl i'le the 11>1'/ '11., .... 1 .. 0 :n .. UI!I6,Ji)::.-l;<: Z ~ ;-.E':!' ~ .no .. "'o .... 10 ~1~" pe-'lOn(\1 *nos-..... _ts! "'If .. .. 1109 to ,-" COWHVOf _~. __ ~.+--_. PAA1'Ml:RSHIP aCaNOWlEDC"Ii'NT , ,.S5 'S.0i:I __ .. (11'1'01 ... .1Ie10rftl\f ________ _ oi "10'.', ;:>",)',c ,n ~M 1o, ,,"'<I S~.I<! ~rSQ~.II) .ppe.'~<1 ._ .. _. __ .. __ _ 01 __ •• ."""' .. 10 "'. 10 t>e one ~ 1>Ie PlrtrwrS In I"" Ptrtne'$I'Ilp ar>d I ... p.af1ne, .. 1\0 SuMc"~ 5 .. ,,<1 ".Un""'''1> nam .. '0 ,~ .. 10 ..... 9'''9 .n\'· ..... ~~1 .Inc:< .UI>O ... ~;f'(I Ie "'to lhoil ne \.he t'>~urC<:l It-e ~ ..... n n • ., 1W'''~'s'''P ~- STA,TE O~ COUNTY OF ._.llDG On '''.10 _ ... l_~ ._._. _~,Ol Oetobttr ,n me ~ • .' 19 ~8? _ DeIOt' ...... _~ E. ~ __ -----. --. h DD -~I-D-1-9:-8:-8:-.-:2::1-::2-. -:1l-:O-:9:;-:p:::a~-o-f -1----Description: King,WA Document -Year.Mont . ay. oc Order: 1234 Comment: First American Title ... ::' ..... I ..... [0 'First American Title 6. Exception_05 .. 2012091 0000953 .. Return Address: Leininger & Christenson, P.S. 8407 South 259'h # I 0 I Kent W A 98030 'J"III",,, • .,1 LErNJ~~~L!!000953 PAGE-OOI OF 002 73.00 09/10/2012 14'35 KING COUNTY, UA WASHINGTON STATE COUNTY AUDlTORIRECORDER'S INDEXING FORM (Cover sheet) (RCW 65.04) DOCUMENT TITLE(S) (or transactions contained therein) LIEN FOR WATER CHARGES REFERENCE NUMBER(S) OF DOCUMENTS ASSIGNED OR RELEASED Additional #'s on Page __ GRANTOR(S) (Last name, first, then first name and initials) MILLER, MARY E. GRANTEE(S) (Last name first, then first name and initials) Additional names on Page __ KING COUNTY WATER DISTRICT #90 LEGAL DESCRIPTION: Lot 2 of Revised KC Short Plat 880059, Rec. No. 8302011019 Additional on Page __ _ ASSESSOR'S PROPERTY TAX PARCEUACCOUNT NUMBER: 1523059093 The Auditor/Recorder will rely on the information provided on the form. The staff will not read the document to verify the accuracy or completeness of the indexing information. First American Title First American Title King County Water District No. 90 15606 SE 128'" Street Renton W A 98059 LIEN FOR WATER CHARGES NOTICE IS HEREBY GIVEN that pursuant to the provisions of District policies, resolutions and RCW 57.08.081, KING COUNTY WATER DISTRICT NO. 90, KING COUNTY, WASHINGTON, lien rights are claimed for delinquent charges plus penalty (if any), against King County Water District No. 90, Account No. 003888-0 as of June 15,2012 as follows: TAX ACCOUNT NO. . PROPERTY OWNER PROPERT\' ADDRESS LIEN AMOUNT 1523059093 MILLER, MARY E. 312Ficld Place SE $284.50 Renton W A 98059 The lien amount includes a penalty in an amount of not less than 10% of the lien amount. The lien amount shall accrue inlerest at the prime lending rate plus four percentage points per annum. Such charges and penalty shall be a lien against the herein above described real properties, subject only to the lien in general taxes. I, THOMAS N. HOffMAN, DISTRICT MANAGER OF KING COUNTY WATER DISTRICT NO. 90, KING COUNTY, WASHINGTON, HEREBY CERTIFY THAT THE ABOVE ACCOUNT(S) ARE DELINQUENT IN THE SUM STATED ACCORDING TO RCW 57.08.08t AND RESOLUTIONS Of THE BOARD OF COMMISSIONERS Of KING COUNTY WATER DISTRICT NO. 90, KING COUNTY, WASHINGTON, THIS 1 DAY OF S .. p-rer>thev ,2012. K ~W ~TEHRi1-£.LRI_C_T_N_O_. 90 First American Title First American Title 7. Exception_06_20130905000015 Form 668 (Y)(c) (Rev. Februarv 20041 Department of the Treasury -Internal Revenue Service Notice of Federal Tax Lien Area: Serial Number SMALL BUSINESS/SELF EMPLOYED AREA #6 Lien Unit Phone: (800) 829-3903 957079613 Iu by section Code, we are. glvlna a notice that taxes (Includlna Interest and penalties) have been assessed aaainst the following-named taxpayer. We have made a demand for payment of this liability, but It remains unpaid. Therefore, there Is a lien In favor of the United States on all property and rights to property belongina to this taxpayer for the amount of these taxes, additional penalties, Interest, and costs that may accrue. Name of Taxpayer MARY E MILLER Residence 4046 34TH AVE W SEATTLE, WA 98199-1630 IMPORTANT RELEASE INFORMATION: For each assessment listed below, unless notice of the lien is refiled by the date given in column (e), this not'lce shall, on the day following such date, operate as a certificate of release as defined in IRe 632518). . Tax Period Date of Last DilT, for Kind of Tax Endlna Identifying Number lusessment Rell na (a) (b) . .(c1 1040 12/31/2006 XXX-lCX-4897 1040 12/31/2007 XXX-lCX-4897 1040 12/31/2008 XXX-lCX-4897 Place of Filing COUNTY AUDITOR KING COUNTY SEATTLE, WA 98104 This notice was prepared and signed at the 22nd day of Augus t Signature ~_ \ -" ... "- for G.J. CARTER-LOUIS ·2013 (d) (el 11/14/2011 12/14/2021 11/14/2011 12/14/2021 11/14/2011 12/14/2021 Total SEATTLE, WA Title ACS SaSE (800) 829-3903 20130905000015.001 Unpaid Balance of Ass(Qment 195389.78 3182,53 '2206.20 $ 200778.51 , on this, 26-00-0008 (NOTE: Certlficete of officor authorized by lew to take aCknowledgment is not essential to the validity ot Notic8 of Federal Tox lien Rev. Ru!. 71-466, 1971 - 2 C.B. 409) Form 66B(Y)(c) IRev. 2-20041 Put 1 • Kept By RecCNdJn, omce CAT. NO 60025X Description: King,WA Document -Year.Month.Day.DocID 2013.905.15 Page: 1 of 1 Order: hema Comment: First American Title 'First American Title 8 Exception 12 241250 . . ," . .. • . . -; ... :-: .................... u ", .. 0 un,,, a p 8n4 t".hh h IIl1d • t.he tl$ dase sit tn K e", '.r, ~"lYi t.-r' V)t 21 "'!11k 1 .Ula lind. ~HI,.d8n 1:1Il141 AddUt"n a. dese "" now on rUE! 8n;1 Rao in to". orr or tl:e A\l4 or K 00', .. .' ~·08.W1th the 1p,,9, to h and t'j'h'th" ad P~"lllR, with t/lit app., unfo IIld to hta h and at. '~1 J,J1ICl • " I pll~ i j • p '~ Cova I IJ w·. 2 Wied Ja8 l~ :lharp (aul) 7/ .1 .11IIl8 Sherp '_\811). //IN •.. d .... Slit'll eo ot 1(, "8. ,. 1':' ~ Ma"ell.l~. 1902. by Jr •. S 8nd JC ~ his wt het l/eJoI'Y\l!al'lItift ".' ' .. ~ Justice of the. P"ece in enll for D'lWam1ab Preo1nct V. ef) • 'thll til .ot II': ' . . NS nt OeOrget'lwn ;;:::~"J)eect ,.11ad sap 10, 1902 4:7pm , : ; "'Da'1;&d Aug 21. 1902 eon 4100 ,. W, Hammond Wright and Prances? Wright li-1 ii wf ." . ..' ;ro __ ,""'4"~'S!,,1.U •. , '. _~~ b .~ ~.~!~.<~ , .......... .0,1:.,.""""'" Agnes '-' Wn·· ......•• , ... "",!!.~!P.!!l . y:---" ...... .. ... .. -.~ ----_.-----------------------------• First American Title 'First American Title , " '.:~-:" .. • : i . C ~ ,.~.,. . ',,', ", ': ~: • ~ " •. I • ~ ' .. . ',-:' :; .I' i .. : : ,~ . ,~;. ,," , " . ~: ~ :" <:'~' .: ; . ~ ,~' .; :,", : .. . " .~ .. . '., : -.' ", ,',:.-, , .! . -",,:,,--. , .. "' .... iw,'--._------.... -. --.--._-------"--- First American Title , . First American Title , . , 9. Exception 13 8105290905 _-",. '_"'T' ", .. :_ --. ;: .. ' - " .r: f/ ,>,. "~i .• ,"- -~, ~: ~'~. ,Iii' "r i~ , ", ,," ';~F: "J, -'" . • I I!ECORDEO TID':; DAY Ifu Z9 . 2 561'11'81 MARVIS M. MILLER & MARY E. MILLER, husband tlnd wife; MoW ATKiNsoti~~ti\uibanlr and. w.i,'te: ,as 'their int~rest ·";a;Li:;'F.'~~;·~~~:;~::: I~rilnlrll'" t:,·r~illi. I/I"anl!l:' "'In\"H d-OII warhlflb I" Pt.'1.:t:r SOI.;;":O PO\n:H .I; LlI~fr (.'t)!'.{f.-\.,'Y; a atf" 'paratiun p:::r.mt .... ·' h,·r .. inL rut ih.: I'Ur; ..... oi;: h .. r.·i~.lh,'r ",., f"rlh." IM'q~'III;d r.l50."m .. nl IIndt'f. ~CrOs.s and o\'er the raJ- If) 0 ~ 0 N ~.., 0 "" hm~ d,'~rill<.'O:: ",ll "n'I"'rl~ [lh.···I·fUl'''n~'' h!,rdnj . _ J~l:-I)..q .... CilUnty. W.I)~n~ . The south 260.11 feet of the West 1/2 of the W..:st "1/2 and the East 1/2 of .*:he West 1/2 o~ the Northwest 1/4 of the Northwest 1/4 of the SOutheast 1/4 of section '~5, Townshi.p 23 do.('tn, itclnge ~ t:as't., W.K.; s.ii.:.uut: 'iiI King County, Washington; Being. Lot.s 1, 2. 3 and Tract ·X" of· prOpOsed' Sh('~t Plat No. gQ0059R. 81/(1$."'29 RECD·F CP.SHSL 0.. c. h' " hh '.. . , 000000.00 _""'"'~fll a.~ m~y "'! Il\ I'r\\'l~ So'\ ,Irl crem Grllnl~"! fI)!hlS ~haU h!~ f!l(l'nir....-luIXlR Ihal pnrtion of lhe Proper!)' {1hp. "Right. of Wav" hl'r.-in\ d~iht'll ,I" fo1l0\\'~: . \ His"t ( .. \·'2i.t":'=":":-_-~-=:'!:~1\~,I:'.~:::'-=':'-==~-:::.~utsirch-wtdttr~c:tnIth!'C:If"wt2!mt!t_ I"~~~ The nort.'. 10 fea of the east 10 feet of 'the south 260:11 feet of the West 1/2 of the West 1/2; AND, the west 30 feet of the north 560 feet of the East 1/2 of the West 1/2. I. Pu~. Gr;"1nl"I~ 1'h.ll1 h,II'" Ih,' ri,e-ht tt> cnnslrnel. "I'"r.!!". maint;"1in. repair. ff~l'lac.~ ~illl enlafl.'!! an undtl'"gl"(>und ('I"clric If:\rlsmis~j''n arid,l,r ,H:c;lrihnTinn s~"!"tf'm up"" "n,1 1Jn!!L'r Ih,> Riphl-nf-\\"IY t(\!Mhf~r lI'ith ;.11 nC'Ccss:try Dr Cilrwenicr1t 019' .rurt.~nanr.'-~lh'~fd"" which mJ!" indndr. hel M,· n,,1Iimi",,1In Ihe f()I1(\\\'in~: ,tn,I"TJ!Nmlui conf!uils.cables.commuoitaHon lill'$: \·(~tilt~. manhnj"s_ sl\ilch .. s. anillf~n.fnr"ll!r.~: and ~1'mi-hllri"iI "f ~rnund !1l'''In,,~t! ra.:i1ilie~. rnll'Jwinjt the inill~1 COII- slm:lil1l1 ,)( il~ fn<:ilil;,'». Cr,IIIl,'" nM~' (rn'n lim'~!" !inlt: cnn~tn :t"~lll:ti Jlidilinn,,1 fOldlilics ilS ilma}" requ' ~. :2. A~:\.:rarit'lt' shall h,l\'e the ri),!hl of aCC1!SS 11)'th" Rljlhl-of·Way o\'r.r and across the Propertylo Iln;ibleCianttltllo e .... cr· cisto ils ri!,!!.!' here;Jnller. prlwid,,11. lh<ll I~r.mlc" 5,",,11! compcnsal,· Granln, f"r any damil~ to Ih~ PrOperly C3usec1 by Ihe .:xer· d~ IIf ,<;.aifi"ri"ht n( a::.: ..... \. 1. Obifrudio.m: ~pinJ.Granle~ 1:1:1, :r ... m lim<~ til time n:min'c tflles. hushes:or other obstrUCTions \Iith!,,! thn'Ri8hT- of.Way and may le\'~1 anilllfade Ihe Ri~hl-of-\\'ay In the exlenl reasonably neces.o.ary 10 carry DU' Ihit pUrpo5eS set forlh In parap-aph I h"'~l'l,f. rnl\"id.~d. tiMI follo\\'inlt any $Uch \\"1):". Gr~nlee shal!.to the e.~tp.nt reasonahly p.""acticablt. r~ure the Right-of-Way \0 Ihe condition il wa!l immediately pri!'r In ~uch work. }--(tUuII'i'llg1nc installation of Gi'antC1!'s undert/tOund facilities. Gr.lIllnr mol)" tlnd('r!Olki~ an~' orrlill~I')o' imprn\"'~mr.nl~ ":'lhtlland5Qpin~ of the Righl-o{-\\,ar, provided thaI no Irep., (lr OIh~r "J;int,~ <!Jall J,,"p!ar.·d Ih"n~nn whir.h lI'illllll II!! IInff·asn.fldhl~' t:'xpcnsi\"f! or impractical fllr Granlee III remm'e and rOl~tl'lre. 4. Gratllo,.. Use f:'f RiPt-of·W.y. 'Granl"f rl!'erl'~s Ihl~ rifht to USi' Ih,~ Hi~t\l-of.\hy for ~ny purpose nol i~o::nsjstcnt \dtlt Ihe riJlhts h~rein STanled. pfcw;(Ir.d: that Gmnlr.r 5h(llll1nl mn~lrll.:l '" m;;int~in ~ny hllildin8 {lr otllcr5truclu~ (In the Right- or.War whilh wfJuld inTllTrcr,~ with Ih~ exl'tci~p-!If the right! h'~r,~in ~HH11f:d: Ihi"l' 01) tlipt,np. \unn~l\lI8 or .'!h~~ form of con· strucliun ;lctil'il)' f.hall he dnnc "n. Ihl~ PrOpP-fty which l\ulJlrI di~l\lrh thO! ~omrl'lr.!ion or l1ncartl\'(;rantee'~' :acilitieJ on thr. Ripu.d-\\'olY,llf enrlan~(lr Ihl: l.ll"rnJ ~'lIJJlnrl 10 ~irl fadlilil!S: and Ih;11 no h!Ni~J:5halllw! done wilhin 15 feel of Ihe Ri;ilil-<Jf- Wa)". . , 5. indemnity. By at:t:epling ami recording lhls ea~ment. Gruntell Iigr~e5 tl) ind~mnjfr and hold harmless Granlor from an}' and all clalrnsfo~ injuries and!nrdamll8euuffere{! by aor person wh!ch may tm c.tU5lld br Iho GraJtlee', ~"ertile of the riJhll herein granted: jJT.wided. ll\al Grante!:! IIIWI 1101 be retponsible 10 Granlor fUf any injuri~ and/or damaget to al\;.' petlOn r..alned by wets or mniuloll5 of Grantor. Ii. Ab",ndorunefll. The ri)lhlo; h('rflin J!r;lni~11 ~h:,11 conlinll/! nnli! sur.h 1!mo iI" r.r;IIlI.~(! ~ases to ~se thf< Ri,.n: 'W.n 1m " !,,,rjorl or {h'c (:;1 SlIr.':l!s .. iI·l~ yl!<lrs. in whir.h I!w~nllhis '~;I~'HI\"nl ,halt l'1rmill,ll" ,nd all ri'1i1ts hcrcunder $hf1!i ri'I" '·,1 ;(.'.'1. lor. prol"itj"d thai nn anandlmme;'1 .. :·alt he dE;i!m'~1 10 han' OCClIrfl'l! h~' "'aSHII "f Gr3111"f}'s failure 10 initially ltoJL!dJ[ II~ rildHtie~ ,,1\ ltV: R[.I!ht-<,f_W"~· wlth:,~ .loy I"'rlm! "I lim" {mIll thl! d;"" hN';'1f. 7_ Suc::cesson and ""ip. Th~ ri!lhts and ,,"lig~linM "f Ihl' I'."!rli,·, sllll!! in;!fl~ I" thl~ hcilCrit {If and be blndin!llJf)on their n'~I"'di\',~ ~,to:~i~S~~t'i~~~~iJms. fILED FOR RECORD AT REQUEST OF: 960236 PUCET POWER KJ/44 REAL ESTArF. DMSI!;N 235/60 f'IJGr:r POWEr! BlOG. BELLEVUE, 'WASHlt~(;T01. 91Y.109 ,';:.'i'i:: ;::.;.' ,', :;!".~ (~" :.::-'-. , .,ttl.lHllk.d " *t! .... ;,...... .. _____ .0.-.. Description: King,HA Document -Year.Month.Day.DocID 1981.529.905 Page: 1 of 2 Order: KR Comment: First American Title " First American Title ',- . ';- .;.5:L :g ~ ~ ST""!T.(l"'W.\sHINGTO~ a) C))UI\;TY O~· . 'King -On ;his',Lt} ]~f~,,~.lll~·itl'I"%-rlI~'fott'~'h' r.t:irvis .. t4. and Hart E. __ ltiJ..l,t;;~ _____ . ______ _ tome kno\\-n 10 h" In,' imlid,I'L.l1 S _ rl"..s..·TiI~~1 in an,i W,," "'(relllo'" tIl,' within .. ntl r"n'j/(\illll instt'UmP.flt. 1Uld adcoowledp;ed that ..they Si!!U'~"It> .. sanw ,IS their fr,·,' "n.! \-dlllll'lry ;11"1 ;'11<1 d.',·,J r,tr Ih,' IISt,~ and ;>I:q"""::! 1h""'tn menlio"f'd. -: ___ ..... L:-~.'.. : __ ~:,:..::..~~:_!-'..,....-I-:....::...L_,. __ ......:.. __ _ 'X,lI"I"I' {'uhlir ;,: aM fnr the ~Inl(' (of WashIn¢on .. fl'!itli~>:,lt _"._ :..-· ... , •. F_· . ..:..-._ . ..;-. ___ . _______ . __ . WI r~.,.y(w On thi:; !lal" [WoDOJ\alh' IIpP";,rn,! hf'fom m,' __________________ .. ____ ---,-,-_____ ,----,-__ to me known' to hi! the .;~(H\'irlll~l __ 11"l'Cri&~d in ami who Q~"c\lh:d the within and r<ln~""in!!, insirumenl. anJ acknDv.·led~ that . ______ .'li~'n''fI !hf1'~lmr a~ _____ fl'r'l' allri mlllll!ary ,'M'! nlld tI,~>rl for 1:11~ U~~ and purpose!! thllr .. in melllionffi. GIVE:,\, un:l<~r my hand and "fridal ~r:lllhi~ ___ ... _ dilY "I •. _____ ._. _____ .. _~ _____ . ____ .-..: ... 19 ___ . Sl"ATt: Of \\':\SIII\(;TO:\" COl J:\'TY OF On Ihi.' __ dilY (Of ss I ---------------------- ;.!ot,lry P':!Jlir. in alid fnr th" 51:,le "f \\'ashifl~on. re~ioit:1l at CORPORATE ACKNOWLEDGMENT .19 ___ . , hdorc tnt:. Ih" undllrsi~'fIcd. ~rsonOllJ)" ap~anld and ____ . __ . 10 ml! known 10 I:f' chf! ______ . ____ . __ . ___ ..:.._ <met ___ --' _______________ • respectively. Qf _____ ... __ Ihl' c:orpnratinll ChilI c:oo:eculed Ihe foregOing inslrument. ~nrl ;:u;koo\;']';ds:mllh" 5.1id in~mm"nllo h.., ttw frl'<' ,mel \'olunlJf'\' ael <lnd del~;l of said cOrporation. for the UK'S and purposes therein mlmUnn.·,1. ,11Jd .f)!! f),llh ~rall~lth,iI • __ .:._. _____ •.• __ • ___ ~. __ . __ alLlhnri7.,~cll" 'lX'lOllp. Ih,) said in.~lmmenl and thallhe s'·i.1 ~Ifh~·d i3 Ih,~ l:orp"rall~ ... m,1 "r 1<:li,1 <,:r.rl'nrali.1n :.;o.llarr Puhlir; in lind for Ihp. Stale 'If \\'a~hin~on. rf:Sldin!f;.1 ___________ ._. __ ... _ .:" 1. .......... -'1 .oretiOt~ ...... ~ Description: King,WA Document -Year. Month. Day. DocID 1981.529.905 Page: 2 of 2 Order: KR Comment: First American Title . First American Title 10. ,:- First American Title SHOAT PLAT NO l!SoOS.9 KINO COUNTY, WASHINOTON ',: . ~ .. ~. ' .... ...... . ' .".' _OVAL , : . ", .. ,' . tJ ',' '. ~>., .~ ,. . . ".Ili 'u.,...rt_ftt af .... ~._l ... ' ru.ull_d .ftd .,IO.l.d tAt. ___ GJI.::...-1.:-_. cr.., ot ) L,>(¥'. ..!!L ~cW'.., tor AtildViQ , Lart.d o.u.~t 4$(J Ke' Ac:iIIi,d·.tJ'Qt~ B!4q Sca.ut.; MuIti~kM Q!'lOf "\-'""";.)"'~ f 'S ~~',;,,_, ,}p' ., ..... ~.a..~_,. .. "":. ;.f -~ .. ~ '-, 'DeSCiU"IO!N C;" ."l'f":'i'~ .. ~,.?,::;:'L: 'Tl:.e· :~~~t l"oI,l,{ ~r··the· ::'~:~t:'::l'lt .:;:. o;!":'e ·:'-'l"t!;\ioef:-:, :.ilil!"'':.h:'-~,!'. ~.!~(f . . :;~r~.nw.e~:; :;Wl:'~=-~r. tilt! ~;::::":.!;":l.!';t ,Uti !"'::~!" ::',r. .':ect!.-:n j5 •. "':"O ..... :11'lIh!!'l ,'. ,IO!!tl:, .t1:lg0. 5, :.n!ft, •..• : ." ... ~ ... : .. -.... , ............ -., .... '.' , ~ .. ,", ,'10;: .:.. .. (.; ... ~ ... 1J.11 {'~, .. .L '.'.!1~ ~1 .. e.o.18 !lad ·'f, •• e r.f:,ht tC' eX':':..Lojrl!! f;:.r ,,::~ ;:1:1.8 t:le ~~oo a.? e~eluded 1~. <:eAI! re('o~~ ;.l!1~~:-:1ecorH.!'1P,.· ':0 .... ·a:-.~. /,l.!;O . '. . ::'he ::e~t· ~,alt nt' t1:o' "'est b.lt ,,:-t'·.e :It-:'t.:-: .. ,.·..,t UI':-1.0~· dO:the :i:::-~I,,"Mt :·.ul.lr-:.er ';,:1' t.ho,P?u:hetl:"f\, . u;,:'te:-,,1' :.~·('t.lC!1 l~. 7c"~"h1T: ".} .fortt •• '~!1fte 5 :.tl!Jt •.•. J •• . ';:·:(~:-:t"T tl-.t~t portion th~rctl1' ly:'not :;c.:-~!: 0: t.!":~ 1' •. l~O¥Iln •• ~~~c!"~M~ Hne: ;J~61;'l .. ;1rtA: u.t the 1nteroect.lon ~t tt".e :.I.l:;.t. :1."0 0"-~I;!.:! 8tl"dlv:"~1011' .... 1t.b tho ·! .. storly t.il:"t':!.n ;;: l~n~h.. i.Y:!!~ J.=::. ~:-:t..,:!:':lM. IU :1i1(>\lrn .... :1 ::1:18 Countl' ~;i.l..-V01 No. 1",-;;3-5-15; tt"nce: \~o:) te~17 r.b:"" Illsl w1 tli. the :iorth 1:':':0 or 31\ 1e S\;Cd:' ,.!. 1"1 00 to tt,." Woet 11:'lIt.ot R;\ld lIubdl\·~.31D1l b~ t!:f: 'te:-r.l"us ,,:," t:r,!,! l1ne; ALL sitU!l.tn in the C"u::.tr or ;:~:;;g. :;-:;.a-:.e of' ·.'f:I:Jl'll:l~t£.tl. - .~ClI· ... III 11;07 .... 01 -.f,~~· Recto • 5.0(' I CRSHSL. ... -....,.0.-, 2~ ~:.p.< N I' • .. -~~ S PM,..J. O'.M:.- e . .:1 ., :.:;~ :.;. ~. '. [. First American Title ... j .~ ~ .~ P", ~i .~ I ,f ~ ,. '. 0 .. . ~ t. ~ . . , •• ", . . l. 1 " First American Title • 'D't.-...o~" .. "., .............. ~ .... _ ........ vaul. -+- • ,--- -----~ ---------------------'--- -First American Title <;O\'ENA",nrs, rosnlHoNS, A~'D RES':'RICTIOSS Rt'~~U:C _ITH THE I.ANIl: That portton(s) of ~.-=.. \"bc..."'''' ~." ~"":::",,-""T' wbleb adjoins tbl" subject subdlviaion h • pI.l6ii~""i1ili'-,.)I-•• y. It 119 drscrtbl!'d in :fhe 11ng County ,C~prt!'henA1vp PlaD as • ")ocal access street or rcaDd" and Sn aecordar.co with the atandards tb"re!n, lDay be' . requtr~d te;'" be .1,mprovN fot ~utu~P.· COU~t)' fltreet. rOld"or ~'mrC:UBhrll~~~ ~. . .. \ . '.' .' .' ,", . .' ", . The ,owner,' btB craatee •.• nd, as,.lij.:II, herebr .... ree.to participate iii, .~n~/or not· OPP088 '01' prottost" :~he' fohtaUOQ.of ,I COUDt, ~.d .", . Jarpro\'ement DUtrlet"(CRID)· purwuaat .to RC'W 3~.B8· or aay Ruad Improve-. me.nt prC'lje.::i uDcttoaed."by, ICtDI C~unt)'. ~hlch 1s d~8i"Ded ,to 1mpro\'.' . 8~ld Btreet(s,) aDd t.he ·1.....,d1.te lI~!'eo .. t·.)·.t_·of wbleh .it. Ie a part. "'!I' ;. ~: Ttcillai 'ot.' the . iOnll~t1o'n or .ald :(;RUle'or: u~her' 'road .1l11p-rov_eat· , ,,!) Pl':ojf"ct shall b. determtal!'d.·b:v KinK ~ouatr. The an ... t· il!li4'rc:.o,,--,Dt· . .. ~ autborized by the CR1D, or ,oth-:r. roa~ .1I11PJ:o\'ea:IIl'llt. project ahaq ~all .' rcr tbe '1mprovflllleDt of 'sa1d atreet(s) .nd ita 'J-.cIlue'str" .. t .,at.· i2 to at 1.a.t the .iDilllUll' 'Cina ('OUIl,,. road .t.ad.rd.··.ppl S~.ble to .. 14' ~ atrept(8) aad the tllDedtate-.1:r •• l ayat. at tt· .. t ....... tbe ("811) or otber 'road projeoct 18 foftlled; pro.14e-d that. 10 situaUoo. ""'1'''' tlM're ~ t. a ~lttple o~erab1p of prope-rttes partieSpa,s .. tD lbe fo~tloa ~f the ClIO. or otber road t.,roVeDeDt proJ~t. tf • -.jartt, ot t-' propert, 0.001'8 waat a bi.~r .la.dard. i •••• eu~. CUI'er •• UAder- ~rnUbc., drat •• so •• te •• tbat etanetard .... 11 pr.".J'. ;.!1 ~~ers M.'vl~~ ~.~t;: e:~ce:l~ t:y 4:ate. "!'h"t ':'~., tile:': ~IIV!:" :l:1od: ••• '~!!:I, I'II~ II!:J' tole;:~c:'llt .n4 eleCl!"10, """. '«at.er or .to .. :-«'«'J~=I' :~lte OJ" ;,:-1TI>t..fI, aha!l htl'YO 'tor. r!«t.t t;:. l:ut.4U, t:..-:bl.,1.:.:. :"I!I:~!!" ,~!tj Nr:laOO l1~.es, ;'lpos, c:onduH.!I ~:-ml:l8 tor 1.elephc.ne, do·("",,:-i.e, "~', _~ .. :-or 3&1tO:--,:.~lc:.. . . .' '.. . .... :i.11 f:,:thtolb!:C' .• N1'Wtlr ar.J./cr-r'e~dlc!rur (It t..l"" !"'CJI!tt"lllll!l7 G::i n!t ':'r.et _''':', "1II~_"It ~z::-",«.rt'. aMIl be b7 "ho ~·.~!"e et t:. t"leI~ellO c,.t flf'O~n, ba.ll".!: lo~l :: eco!U' the ~trlD •. /!;~. tHe'!!" .l'''' !r! a:td IlU1«':!te: \Ihlen .. ~ I.lntll .aeb. .rocd.. GN tDP'!'C'r-od. tt-t:1:;< eCII:'lt!l' St.o:t4.J"i1_ erA ""'. od~eJ :1:11", IiD~l.cb~ U •• '.!lId .ae.~~flte:~ :1).1 .t;~!lII ~ou.":t1. . ., .Hl .,,'MCIIinh, rl~tlt ·a~ oblll,atlon. Mr.lll c.~lJ' b.i coe!".1&4 ,~, be eoor.nIl::!.". ~-,!na .1t!~ t~)4t laM ,\.\4 oIAall be ttl~taC u..-o:a Ule ~»:"'. t~l"IIot, tho!:", helra .=:..d.'.a8t~t'I·"~ , . First American Title 'First American Title First American Title llI::UU':A1'ioN: D'OW ALL WEN BY TilESI-: PR£SJ::NTS that we, tbe undersiGned, CI"'ft"r(a) of tnterest ln che land herein desertbad ~o hereby make,_ ahort 8ubdivietoQ tberoof pur8u.n~ to ftCW 58.17.060 and declare thiM ~hort plat to be the vraphie reproseetatioD or the 8&m8 and do hereby dedicate to the ueo of tbe public forever. the atreets and 4Y8nllOIt uhotm 88 public thareaI an;! dudicate the uae th8raot for aJ.1 ~~ic: ~ ret J.ncaudatent:· witb the u •• thereof tor public h1Rb .. ~y purposes, .hlD tbe richt to make all necessary slopes tor cuts and 11I1M upoa tho lata ahoeD 00 tbo race ot thlQ short plat in the orlg1nal reasonable RradSn. or tbe .treetA and .venueM shown tber.an, and that 8&1d Sh()rt 8ub4h·lI.ion t. mado .. ith the free ~on.ent and 11\. .ccurd.u.·~o .. lth the deatl'''. ot tbe own.rCe). IN WITNESS WHEREOF .. lit ba\'., tlet OUT handa aad seal .. :. '11-1 tt.l (a:,' )til J h: P Of. AU. " .-:;-.. --------- ..I,) STATE OP .~I.OI'ON.t ' .. ~01 hVi9s 011 UJ __ t;.~u ... ~ ...,.,. __ ..... H ... ~a«L'~ ...... ;, ..... ~ft ...... H~.~I~J~rg,( ___ _ :: .. 'First American Title 11. Exception._15_ .8302011 019 $ . ....!L r.~ R._5_ Thi s spdlr;e :eserved (or recorder'. U5e, I Fi led tor c(!cc;rd .It tile request of: MAil' ~ n::W·-:.v b! .. - •• • • 1 • ~ \ < Return r.o: ~ Building' & l4nd Deveiupnent 8 • 450 XC Administration Bldg . • ',Seattl.e, Washi.ngton 98104 . DESCRIPTION SMO R T· P L AT. NO' ...:.:::"::.:o":::.':..· __ ~_ 'KING COUNTY, WASHINGTON ~l' Dlltpara.ent of Planning and coammit!l DfWelo 8IlU::Iiog and Land llIrVelo.-n~ Division ~4Rlined and IIpprovt#d this :!; \. da!l of \. . ·-.19 'f'> j.., "0.9- If.Inagu.: su..q4tng , ~DevelO~~ D!1I'i$1~ De/hlrtlJleJlt ot ,Public tlorb' 8. C'· ... n.ir:ed dlId IIwroved this ~':I of ~X<'~~" 1 DJrector . .. DeildItll,lf)tlt of A$SC5JUII!nts , .:<c. "Examined and approved this . hat,,''"; 1 v'i4wr ,-ll/ep,:'£. AU_C' .-. .r<~ Dep .. ('! AssessWNC1Ji'...7-Sff'l4 '/5-23 -S /,,~::::'" .-- i-' '.1,." r'·-h· ~: , . , -OTS I, Z AND 3 CH KING COONTY SHORT PlAT lfmIIEEII; 880059 AS REt,ORDED UNDKR A.F.#:8107010684 k', .. ,'." SUBJECT '!O E:ASEMENT POR ELECTRIC SYS'IDt AS RECORIED 1IND£R A.P.I 8105290905. ALSO SUBJECT TO EASF.;HEN'I: FOR 'lAIEI{ MAUlS I.~ RECORDED-UNDER A~ r .," 8111240491; ~""(l2"'1)~ ;;&"~t< f: I:, l' + <:;9 .• , [~. I"!-: ~ .-.-' "j" .•...• ';:J', ':0 . !' " t t Map on Fil. in Vault Page l of ~ First American Title 'First American Title :':";:ji-! : .:',.!:':':: ,;:~ ... ::. . ::'.. :;.: ~. :~?, "; • , ~I' . . .. .. , "1' . , . -. I·"~"""·"'~"" , \ i ! I .1 l: , :i ~ • ~ II .. ~ • • ~ i -_._-------' First American Title I I ! ..... ,.. .,. .. ~ o· WAp.Na!G: King County "us . no rtqi:::;;::i;;:}' t..J t:i.!::f.. b~~~~'~. :I:1:r::J!;J .~ , ~~.;;~/:~,~,; '2:~:~~n'~~; ~;~:::~'~':~~:~;~~' :{~ .. the P:(i{.i;i:j "':es.crit~j 1;1 this st,(;~t J::il.l Said easements to be ,maintaBled. r!Paiied. and!or rebuilt by the owne" 01 lb. pa""" having legal ~ccess tl'Itrefro'11. and t1'leir heirs. as~igr.s or succeS$!)rs. unless and until such roads are ill'.pio>,(!d' to King County standards and are dedicated -and acc!pted by Kilg CowIty lor malllfnallCe. . ,o~ '~''''''''''1 .~'fC'Jt", • .,.,..."""","" \ I _____ ~::::::::::::::~::::::::::-=':'::': .. ~-C--~~~~---c Rt: 'First American Title \ " I I ! ,JC;OW ALL MEt. E'y t,ese presents, that ...,e. the und;ersic;ned; owners in fe~ simplE-.Iand cpntract purchaser(!:;») of the lanJ herein described, dO here- by revise, Sho~t S~division Application No.. 7;}oO;;f A' as ~e corded or.!er Recordi~9. No •. g..f"l; fZ' • 'RecordS of King .. County, Washington,-and by this Reused Short. Subd1V.l.sion thereof pursu- ant to RCW 58.17.060 declare "tt.is revised shc .. t plat to.,be the graphic ':repl~sen~tion of the same, and tbat said re ",sed '~hort;·subdiviaion.is raade with the free Consent, and -in accordance .... ith the desire of the awner,(s) • . IN WITNESS WHEREO~ We ,have set our hands ar • .:) seals. Vice presiden~ I srA1E.Of'--':'·.;..· -"!'~!':'" ,.;J·"'· ... Q~-l ~-. ~of i~1ulS ! ,....... i'~ ~~ i....,;, " , -; .... «oidi ..... _____ "~"~-_._ Page_3 __ o1 __ ~ __ _ First American Title • ,'" , " " ,·r I l i i [:- 'First American Title \. :':_', • ;..; ••• 0<"' ... .. \ , -... !"':"" --:---. ," {,.---- COVEN: 'S, Cffi.1HTIO:-;S. 4~D .RESTP.ICTlO:-JS Rt:';~H~~ wn·{ THE -lAND: T .. ·act(s) eR/V"lE. ~ ..... designated upon the plat as a private road and tborough~re.~ descrlb~d in the King County·ComprebeD~ sive plan as a "local access street or road" and in accordance _1tb the standards thereiri. may be required for future County street,' road. or" tho~ougbfa. e. . 1. ·The OWD~r. bis grantees aod aSsigns, herebp agree to, dedicate Tract(s) . to ,I1!'1.g County for rigbt-af-way and street purposes, at such time as said Tract(s) . is/are needed for those purposes. A Deed conveying Tract(s) .::::<":=-.... ,,,.._ c:~:;;--.~-= to King County sball be executed by the ~er. his grant~s and assigns. aad shall be dt::li- vered to King ~Dty tope;, demand. 2. The owner, his grantees and assigns, hereby agree(s) to participate in, and/or' not oppose or protest·, ·the formatioD of a County, Road Improvement Distrlc~ (CBID) pursuant to RCW 36.88 or any Road Improvement' pr~ject· sanctioned bv Kfog ·County which Is designed' to' improve Tract(s) • -. aod the··tlIliled1at"e street syst"em of Which it l.S a part. Timing of tbe (ora:atio'll of 'said CRID·.or other road improvement project'sball be determined by King County. The.street improvement autborized by the CRID or other road 'iDII)rOvement' projeCt shall call for' the ifIPTovement of Tract(s) t7f!V4r£. £p, . and its i~iate street system to at least the minimum kIng,County road standards ' appl1cSble to tbe,CftID'or other road project is 'formed; provided that,' In situations where there is a multiple ownership of properties par- ticipating in tba formation of the CRID, or other. road improvement project, it a majority .of the property mniers want a bigher st·andard. l~e •• curbs,. gutters, underground drainage, etc. ~ tbat standard sball 'prevail. ' Sbort Plat ~u~ber rage _~_ of _"_ R EVI~' ('I~' F-208-a First American Title • : 'First American Title 12, ExceptioIJ_ 16. 9102120844 , . • KING COUNTY WATER DISTRICT NO. 90 KING COUNTY. WASHINGTON AGREEMENT FOR TEMPORARY WATER SERVICE TilE UNDERSIGNED I(khacl 'Llld flt'burah (;,lr!OI'l /husband and wile), owners of Ihe following described real properly in King County. Washington, 10 wi!: (ins8rllegal descriptionl ' •• ·:·t.' For al1d in consideration 01 King CouOly Waler District No. 90. King County, Washington, hereinafter called District. 0 granting permission 10 connect a private temporary line 10 said property, does hereby agree as follows: ,. USES: Water Service shall be for one single family home. 2. EASEMENTS: The Owner shall oblain trom others 81 hiS solo COSI, all easements which may be necessary lor the inslaUalion of the lemporary service line: and if reQuired by the District as part 01 the consideration lor said permission. the undersigned Shall granl,and convey to Ihe District easements over. through. under and across the above described propeny lor water mains and appurtenances forthe implementation 01 the comprehensive plan or lor the tmprovement 01 the water supply ollhe system 01 the Di~tricl. . 3. COSTS: The undersigned agree to pay Ihe following costs: a) meIer and servi<;e installation charge S 4;~ • .oO. b) generallacility charge $ lqQ.QO c) special temporary service charge S . .!OO.OO Resolution 35:!-166 ft. li $lb.OO p"r ft S 2.65b.00 These chnrges must be paid prior to Ihe District providing any service. (Installation 01 meter. at eel era) 4. TERM· LENGTH -OF AGREEMENT: This temporary service agreement. and the temPorary service prOVIded hereby. shallterminata at such time as the District has permanent waler main service avarlable lor the properly here in Question: PROVIDED. Ihal Ihe undersigned shall be entitled 10 thirty 130) days' notice of the tt>rrnmation 01 said agreement. 5. PERMANENT WATER MAIN: AI SUCh lime 8sthe Dislrict has available 10 the undersi!ilned·s property. water s(lrvic~ Irom a pormanent main. the undersigned shall connect to said main: and at SUCh time. pay 10 the District the nror.llt! cost 01 said main which is properly allocated 10 hiS property and ahall iu rthet pay Ihe cost of moving Ihe meter from Its anginal tocl\tton to connect 10 Ihe new water main. togelher with the cost of connec1iof\. /I i$ agreed and understood Ihat the cosl 01 such luIure main shall include the Installation and construction expense at said main, the DiSlfters admintstrative overhead Charge 01 . ~~ Ihe engineering 9.nd legal eltp8nses attribuled to such main (':onslruchon: pursuant 10 Resolutron No. 262. Resolution No. 352 and Resolution No. 357. 6. ACKNOWLEDGEMENT OF FIRE PROTECTION PROVISIONS: lIlai attached hereto 1$ an acknowl· IO'tluernent by Ihe owner··applicantthalthe temporary water service may not be consistent With Ihe King County File CClc1t' Ordtn,ltlces tn prOVtding adeQuate water 1I0w 101 lire protection. 7. TERMINATION: II this agreement is no!lulliUed by the undersigned Wlthtn ninety 1901r:tays from Ihe dale 01 j. l!1I ellecutlun. then the Agreement shal! become null and void and Ihe appllcalron lee. to be distinguished ttom the 1', . costs prOVIded lor in paragraph 3 above. shall become the property ollhe O,strret and all righlsot the owner andlor llnder$tgned shall be terminated.~.. . ' . . -: ';"" , .•.. ~. .."\ .... ,./ o '" o( ) First American Title I " " r------------------------------------------------------------------------------------------------------------------------------------------- 'First American Title ~-. o • o 8. TITLE-PARTIES BOUND BY THIS AGREEMENT: This ag,eemenlahall be a ccwonanl running with the land and shall be binding upon the underSigned. any and all successors in inlerest. heirs, personal representatives. assigns. rentors, and lessors. tAr- IN WITNESS WHEREOF the !Jerlies have oJICecuted this agreement the _~._ .. ~_ -.--JHIY'l""F,-+,~hl .. ___ . ,dlc: <)l1ltRtl (Z . ' OWNEP KING COU~N~ WATER DISTR~~T NO. 90 By ';~';r 2ii=:G- O'SlRICT STATE OF WASHINGTON) " County 01 King ) On this day personalty appeared before me' ~_, ~. ~)turAit / ?I/I~I to me k?own to be the indivl~~) described In and who oxecu the foregoing ~rument and acknowledged , Ihal:(.~Slgned same 8S • JIrsa and voluntary act and dead ror the uses and purposes therein mentioned. GIVEN ",de' my hand ,nd oW,;., ","h;, "_.£~~.' :: 01 9" 1~~9------' I..-Jl STATE OF WASHINGTON) " County ol,King _, 31 cLJ • ...(,,,--...--/ NO A Y PUJl1.~ ;.~,,~ lor Ih~fa~e,.ol Washington, residing at c.~ . 4t1r-LL~ . t1j l~ '" .... ~: ~~/i'~~-I On this day personally appeared before me .TIl.t.' JI1t?.~_ T1 s H.,...!!.~:l.J:.!..!:...t_/3.f!./~.~~ __ . ___ ' 10 me known to be the President and Secretary respeclively of KING COUNTY' WATER OISTRICT 90, and acknowledged that they were aulhOri:ed 10 ex&cute the within instrument on the OiSI(lc1'& behalf. that they e~ec:ule same 815 their free and voluntary act and deed lor Ihe uses and purpOses therein mentioned GIVEN under my hand and omeal seallhis o 15 ;'l ._ .. " __ ... ___ dayol .,.. __ 4-1.!~_ .. ___ ... ,19"7J i,':"-",,~LA _l.t~ ., ....... . NOTARV PUBLIC in andf6fhe Stal~ of WI~hjnglon. residing al l..f..SJ.-L._ ..s.g:._.!?_,!,/"l ._ .. ":'."!.!":'>.~, ",' '\ First American Title , I o o .: . 'First American Title I ".S.7,i --t\l~,,-~9 5, 73 o o • i ~ 'u _.t~"" ''-P;'~~.:-. 7'rr.r . .-1I----~ ~~'!--;-----;;;;,.-;:;-:::-~~ . , First American Title KING cr;':::;. v:.'.!;::::. 1:1",'-9;) 15t.;':' " ! !::'" ~~,.:' I!..... \" •. U\"'~h~" • 5 '! , • -'- ' .. \ \ ( . . J .. • i,; '" 1 ~_. 'First American Title 13. Exception. 17 ,9606210966 - j- _ .. !. ... .' I.. ~ ;:: '" '" ~ " '" 0: First American Title :s '" M e :;::; ~ 1'-'. • • • CITY OF 1BHTO!f. nsaIlGI'01i ORDDWICB NO. 4612 III OIJ)JDII<:I. or UD& CI'ft 0' 1I:ImIr, DSIIIIJQfC8, uruLJ.88DQ AJf ABIUIIIIII'l' DllUIC't pas 8IIII'DR1' SDD sanca Dr A ~o. 01' 'IllS acxrra BlGII:LUID.. aamu. ~. .IRD IIUtDKIQ!) SIDB·N8D1S ~ U"'T'R'BDP" 'l'D JIIDOft or '1'IDI csura tIPQIf cc.acn:CII 1'0 DB 'ACllornss. ".-- TUB CIn COtDIelL OJ!' THB CITY or RBHTON. MASBINQ'l'ON, DO ORDAIH AS POLLOWS; PSTJIW J Service Special bse8ameat D18trl.fC for tha area lIerved. by the Bast i.ent.011 a&11iu,'t)' &ewer Int.:s:cGPtO~ in th8 uortbeuc qudrant of the City of Renton and a partion of ita urban growth area withiP UIlincorporated. ltiDg COUnty. wb1ch arca iI IDOrG particularly described io Bxhihit "A" attac:bed bereto. A map of the serrieD area is &ttach1'4 8. bhibit ·B." "nte recordi.Dg of: this doeumaD.t 18 to provide I1OtificatiOIl of potential c:omlOction aDd interest clla1"988. Ifhlle thia eo:aDeCtion c:harga .. y be paid at any eime, the City does DOt reqlrlR payaent tmtil web tiM aa the parcol. is CODDected. to and t.hu8 benaUHtIg fro. the sewer facilitiea. The property .. y be Bold or in 1UIy' other way change harId8 wiu.out. tr1fiUiag the requ.ir8lleDt. by ~ City. ot paylD8Dt. of ~ c:barges URCiate4 vit!l W. dUtr1ct. flcilltJ. •• 1Ia th11 Special "-"'.-At Diatric:t ID4 trbieb proptrt.1ta •• • 'First American Title - i~ • • • have not been charged Dr assessed with all coats ot the Bast Rent~n Sanitary Sewer Interceptor, as detailed in tbis ordinance, shall pay, in addition to the payment of th~ connection permit fee bfid in additioD to tbe system development charge, the following additional feea: A. Per unit ChArge Naw connections of residential dwelling units or equivalents shall pay a fee ot $224.52 per dwelling UDit and all otber uses shall pay a unit cbarge of $0.069 per square foot of property. Those properties included within this Special ASsessment District and, which may be assessed a charge thereunder i are included .ittlin the boundary legally described in Bxbibit -A- I and which bcnuula:ry is shown on the w.p attached. as Rxhibit "0.· a SlenQl Ui. In aMition to the aforoatateeS cilarges. che.re i shall be a charge of 4.11\ per annum added. to the Per unit Charge. The interest. charge shall aeerue for no 1DOre than ten (10) years from the dat.e this ordinanee becomes eUective. Interest ehargea will be simple int.erest,and not compoun4 interest. . pc:nqr rye This ordinanc:e shall be effective upon its paSSAge, approval, '8114 thirty (30) daya after publication. fASSBD BY TBB CITY COUNCIL thill Uth day of June .&, 1996, 2 First American Title . . I· · 'First American Title ~-"-~ --, -r---- • ,- • • 1- 1 APPROVBD BY THB MAYOR this ~ day at: ---.:J~un~. ____ , 1996. Jes Tanner. Mayor Appro~a8 to foOl: . or~-. J~~' . .&" Lawrence J. Warren. City Attorney Date of Publication: 6/14/96 ORD.516:S/20/96:as. , • •• •• J First American Title 'First American Title - ;- __ ._.t... , First American Title ----. -------~. T ~-.-, --,,------ • • • Exhibit A LEGAL DESCRIPTION OF TIlE SPECIAL ASSESSMENT DISTRICT FOR TliE CITY OF RENTON -EAST RENTON INTERCEPTOR PorUonsofSecUons8. 9.10.11.14.15.16.17.21 and 22 aD In Township 23N. Range 5! W.M. In KIng Counl}'. Wasblnglon SacIIon8, Townahlp23N,Rango5EW.M. All of lhat porUon of Section 8. Townsblp 23N. Range 5E W.M. IY1DI! East of the East right-of-way line ofSR-405 and Sooth of the fallowing d •• cribe.fllne: ~r~ at the _n of the East line of oald SecUon B with the cenler\lne of _ thence Westerly along oa1d centerline of HE 7th Sired to lis In_n with the cenIerIIne of Sunset Boulcvanl HE: thence Northerly along the cenIerlIne of Sunset 80ulevard HE 10 the North line of the Southeast ~ of oa1d SecUon 8: theuce west along oa1d North line 10 the East right-of-way line of SR-405 and the _us of oa1d line. SacIIon 8, Townahlp 23N. Roftgo 5E W.M. All of IhaJ portlon of ScdIon 9. Township 23N. Range 5! W.M. ~ South and East of the following doserlbcd line: ~ on the centcrlJne ofNE 7th Street at its tntersccU.:m wltb the ccnttrllne of Itdmorids Avenue HE; thenoe Easterly along the cenIerlIne of HE 7th SIred 10 Ita _ wttb the oenIerIIne of Momve A-..nue HE: thenoe Nurih along ""'" _ to the South Uno of the Northeast K of &aid SecIIon 9; thenoe East along &aid Sooth IIoe to Its _ with the CCIIIaIIDe of _ Avenue -HE: thenc10 Northerly aJong oa1d <entedIne to 118 -.. with the ceaIeIIIne of HE 10Ih _ thence East aJong ""'" <entedIne to the East line of said _ 9 and the!mD1nU8 of said line. sIcIIon 10. TownaIIIp 23N. RIngo 5E W.II. All orillat porUon of SectIon 10. Townshlp 23N. Range 5E W.M. ~ Southerly and Westerly of the followtng doserIbcd line: .' BegJnnlngon the West line ofSeeUon 10 at Ita ~ with the Nurih IIoe of the South \!o of the North Mo of oa1d SeeUon 10: Ihdlee East aloC Nurih Uno 10 Its IntenecIIon with the """'<riIne of 142nd A...... 5!: SonIhcrly alo~ -: """"""'" 10 Its 1Dta00000n with the North IIoe of the Soo_ \4 of oa1d n 10; thence East aJong oa1d North line to 118 _ with the East line of oa1d SectIon 10 and the _us of aaJd -. _ .. , ____ u_ ....... • • • . First American Title • ____ .t. , 'J First American Title • • l'!>p2o(3 SecUon 11, TownshIp 23N. Range 5E W.M. AlJofthe $rutny,'Cst ~ ofSecUon 11. Township 23N. Range 5E W.M .. SectIon 14, Township 23N, Range 5E W.M. AD of that portlon of Section 14. Township 23N. Range 5E. W.M. dCSCJ1bed as follows: All of the Northwest \4 of said _ together WIth the Southwest \4 of saki section. ertept. the South * of the Southeast IA of said Southwest 1A and except the plat of ~cInt1re Homesl ... and !'. of streets adjacent as r«:Ol'ded In the Book of Plats. Volume 58, Page 82. Rtx:ords of KIng County. Washlngton. and <:>a:ept the South 151.55 feet of the East 239.435 feet of Tract 6. Block. 1 of Cedar RIver Five Acre Tracts as recordl . In the Book of Plats, Volume 16. Pate 52. Rocords of KIng CouDl;y. WashiDgtDn. less!'. of the 8lIeet abutting saki portlon of Tract 6. B10ck I. and Jess Tmct 6. B. >Ck 2 of said c.dar RIver F\w: A= Tnu:ts. Jess !'. of the _ adjacent to II8ld Tmct 6. B10ck 2. and <:>a:ept the South 82.785 feet of the East 150 feet of Tract 5. Block 2 of said c.dar RIver F!Ye A= Tracts and Jess !'. the _ adjacent to said portion of Tract 5. Block 2. SectIon 15, Township 23N, Range 5E W.II. All of that portion of SectIon 15. Townshlp 23N. Range SE. W.M .• <:>a:ept the Southwest 14 of the Southwest Yt of the Southwest ~ of said &CCUon. SectIon 16, TownBhIp 23N, RIngo 5E W.M. All of that portion of SectIon 16. TDwnshlp 23N. Ranie 5E W.M.. <:>a:ept that porUon of the Southeast V. of the Southeast V. of the saki SectIon 161y1ng East of the East 1Ine of the Plat or Maplewood DtvIsIon No.2 .. reco_ In the Book of Plats Volume 39. page 39. _ of KIng County Washlngton and Its Northerly extension to the North Uno of IIIIld Southeaat \4 of the _ \4 of the said SectIon 16 and _ that portion of said _lying Soutbaly of the Northerly right-of-way Une ofSR-169 (MapleValleyHlghwayl. SectIon 17, T....rdp 23N, RIngo IE W.II. All of thst porUoD of SectIon 17. TownBhlp 23N. Ranie SE W.M.. Iytng Northeaskrly of the Northeaskrly rlght-<>f-way of SR-I69 (Map1e Valley lIfgbwayl and EaBt<rIY or the East rf&bt.of-way Uno of SR-.40S Icoa thst porUon \YID8 generaDy West of the East and Soulheaaterly 1lDe of S"""'"' Way NE lytng .lDtof~. ___ "="''''' __ i , ! I \ , ! I . I 1 I I · • ------------------------------------------ 'First American Title - 1- -_.-...... "' ''''---. • • • Pr!gt 3 0(3 between the South Une of the NE 3rd Street and the Northeasterly margin of SR- 405. SeoIIon 21, Township 23M, Range SE W.M- An thai portion ofSedion 21. TownshIp 23N. R 5E W.M. IyIDg Northeast.edy of the Northeast.edy Rdrt.of-wayllne of SR-169 (Maple Valley Hf&Itwayl and west of the East line of the Plat of Maplewood DIvIsIon No.2 aa """'_ In the Book of PlaIs. ... lume 39. page 39. Ib:orcIs of KIng CouuI;y. WaabIngton. _ 22, TownaIIIp 23N, Rongo liE W.IL An of that portion of SectIon 22. Townshlp 23N. Range 5E W.M. d_ as fol\an: An of the _ \lo of the Northeast 14 of eald Section 22 \yjDg North<:dy of the SoutberIY line of the Plat of Ma!>\eIIood HdgbIa .. -.led in tlle Book or Plats • ..,Iume 1a. pap 1 through 4. Il.ecorda of KIng CoIlDl1. Waabtngton. Together with the North 227.11 feet of the Weot 97.02 of the Northeast \lo of the Northeast 14 of said -.. 22. • - _ .. First American Title . , I· · 'First American Title -._._-------- ,-- First American Title -. 1 -. -, • • • Exhibit B EAST RENTON INTERCEPTOR Special Assessme.t District Boundary IIoNfMY IIEWIIS --QyIWo -. - " 5." fIMIw .... Qo ...... -III"'" t7 2 ? Z I .,.., ~ Didrkf I· · ---------------------------------------------------------- 'First American Title 14. Exception_18_20091105000541 20091105000541.001 III 1 Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, W A 98057 PI casc prm1 or type In ormation WASHINGTON STATE RECORDER'S C over Sh t c ee (R W65. Document Title(s) (or tr.msactions contained therein): (a1l areas applicable to your document mu!>t be filled in) I. Ordinance #5465 2. 3. 4. Reference Number(s) of Documents assigned or released: Additional reference #'s on page _ of docwnent Grantor(s) (Last name first name, inilials) I. Ci!l': of Renton , 2. , Additional names on page _ of document. GraDtee(s) (Last name first. then first name and initials) I. , 2. , Additional names on page _ of document. Legal description (abbreviated: i.e. lot block, plat or section, township, range) These portions of Sections 13, 14, 15,22,23, & 24. all in Township 23 north. Range 5 East, W.M., and Sections 18 & 19, both in Township 23 North, Range 6 East, W.M .. all in King County. Washington, more particularly described as follows ... Addilionalle~al is on page 3 of document. . Assessor'. Property Tax Parcel Account Number D Assessor Tax # not yet assigned 142305911901 and others 04 ) The AuditorlRecorder will rely on the infon1lation provided on the fonn. The staff will not read the document to verify the accuracy or completeness of the indexin2 infonnation provided herein . . . I am requesttng an emergency nonstandard recordmg for an additIOnal fee as provtded m RCW 36.18.010. I understand that the recording processing requirements may cover up or otherwise obscure some pare of the text on the original document. ______________________ Signature of Requesting Party First American Title --------------------- 'First American Title First American Title CITY OF RENTON, WASHINGTON ORDINANCE NO. 5465 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ESTABLISHING AN ASSESSMENT DISTRICT FOR SANITARY SEWER SERVICE FOR PROPERTIES ADJACENT TO AND/OR BENEFITTING FROM THE CENTRAL PLATEAU INTERCEPTOR PHASE II AND ESTABLISHING THE AMOUNT OF THE CHARGE UPON CONNECTION TO THE FACILITIES. TIlE CITY COllNCIl OF ll-IE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. There is hereby created a Sanitary Sewer Ser.·icc Special Assessment District for the area served by the Central Plateau Interceptor Phase II project in the northeaSl quadrant of the City of Renton and , ... ·ithin King County, which arca is more panintlarly "kscribcJ in Exhibit .,.'\ -, attached hereto. A map of the service area is ;:lItat.:hed as Exhihit ·'B". Thl! recording of this document is to provide notification of putential connection and. inten.'sl chargl."!'i. While this t:onneclion charge may be paid at any time. the City does not require pa)'l11t:nt until snch time as the parcel is connected to and, thus, benefiting from the sewer facilities. The propl.'rty may be sold or in any other way change hands withoul triggering the requircl1l~nt, by th~ City. ofpaYIllr!Ilt of the charges associated with this district. SECTION 11. Persons connecling to the sanitary sewer facilities in this Special Assessment District, and which propenies have not been charged or assessed with all costs of the . Central Plateau Interceptor Phase II as detailed in this ordinance, shall pay, in addition to the payment or the connection permit ree and in addition to the system development charge, the following additional fees: CERTIFICATE I, the undersigned City Clerk of the City of Renton, Washington, certifY 20091105000541.,j,'" that this is a true and correct copy of OUJ,'ngn<G AlII· ;/', S. Subscribed and sealed thisKday of A~ ~sf , 20a.i. ~'J ~a.lk=- City Clerk 'First American Title 20091105000541.':":' : ORDINANCE NO. 5465 A. Per Unit Area Charge. New connections of residential dwelling units or equivalents shall pay a fee of $351.95 per dwelling unit. Those properties included within this Special Assessment District and which may be assessed a charge thereunder are included within the boundary legally described in Exhibit "A" and which boundary is shown on the map attached as Exhibit "B". B. Per Unit Frontage Charge. There is hereby created a sub-district within the Central Plateau Interceptor Phase II Special Assessment District consisting of properties fronting on the sewer. New connections of residential units or equivalents shall pay a fee of $5.810.34 per dwelling unit. The properties to be assessed for the per unit frontage charge arc described in Exhibit "A" attached hereto. A map identifying the properties within the slIb-district is attached as Exhibit "B". The properties located within this sub- district are subject to both charges (Area and Frontage). SECTION III. In addition to the aforestated charges. there shall be a charge of 5.30% per annum added to the Special Assessment District charge. The interest charge shall accrue for no more than ten (10) years from the date this ordinance becomes effective. Interest charges will be simple interest and not compound interest. SECTION IV. (30) days alter publication. First American Title This ordinance is effective upon its passage. approval and thirty 2 ---------------------------------------------- 'First American Title 20091105000541.:: ORDINANCE NO. 5465 PASSED BY THE CITY COUNCIL this..6.t.h day of--.:J:..:u:..:1;.<Y ____ , 2009. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this 6th day Of __ J>!..u"'1!,,;v"--____ , 2009. Approved as to form: et; ........ ~&r A- Lawrence J. Warren, City Attorney Date of Publication: 7/10/2009 (summary) ORD.1553:5/21109:scr 3' First American Title 'First American Title LEGAL DESCRIPTION: ORDINANCE NO. 5465 EXHIBIT A CENTRAL PLATEAU INTERCEPTOR SPECIAL ASSESSMENT DISTRICT AREA ASSESSMENT BOUNDARY Those portions of Sections 13, 14, 15,22,23 & 24, all in Township 23 North, Range 5 East, W.M., and Sections 18 and 19, both in Township 23 North, Range 6 East, W. M., all in King County, Washington, more particularly described as follows: Beginning at the intersection of the southerly right of way margin of SE 128'h St (NE 4'h Street) and the easterly line of the existing City of Renton Limits as annexed under Ordinance No. 5064, in the Northwest quarter of said Section 14; Tbence easterly along said southerly right of way margin, crossing 155'h Ave SE and 156 th Ave SE, to tbe cast line of the Nortbwest quarter of said Section 14; Thence continuing easterly along tbe courses of said southerly right of way margin, crossing 160'h Ave E and the west half of 164'h Ave SE, to the section line common to said Sections 13 and 14; Thence continuing easterly along tbc courses of said southerly right of way, crossing the east half of 164'h Ave SE and I 69'hAve SE, to an intersection with the east line ufthe West quarter of the Northeast quarter oftbe Northwest quarter of said Section 13; Thence southerly along said east line and tbe Urban Growth Boundary (UBG) line, to an intersection with the north line of the Southea.t quarter oftbe Northeast quarter of said Section 13; Tbence easterly along said north line and said UBG line, to the west line of the East quarter of said subdi vision; Tbence southerly along said west line and said UBG line, to tbe Northwest corner of Lot I of King County Sbort Plat S90S0040, as recorded in Book 101 of Surveys, Page 236, records of King County, Wasbington; Thence easterly along the North line of said Lot 1 and said UGB line, to the Nortbeast corner of said Lot I, said Northeast corner also being on the west line of tbe Northeast quarter of said Section 13; Tbence easterly along said UGB, crossing 172 nd Ave SE, to tbe intersection of the easterly right of way margin of Innd Ave SE and the soutberly right of way margin of SE 132 nd SI.; EXHIBIT A -CENTRAL PLATEAU INTERCEPTOR SAD, AREA ASSESSMENT PAGE 1 OF 6 First American Title ------------------------- 'First American Title 20091105000541 .. : .. :.c ORDINANCE NO. 5465 Thence continuing easterly along the southerly right of way margin ofSE 132nd St and said IJUB line, crossing 173'" Ave SE, 175th Ave SE, 178th Ave SE and the west half of 1 80 th Ave SE, to an intersection with the east line of said subdivision, said east line also being the west line of the Southwest quarter of the Northwest quarter of said Section 18; Thence continuing easterly along said southerly right of way margin of SE I 32nd St and said lJGB line, crossing the east half of I 80 th Ave SE. 181" Ave SE and 182 nd Ave SE. to an intersection with the westerly right of way margin of I 82 nd Ave SE; Thence southerly along said westerly right of way margin of I 82 nd Ave SE and said VGB line, to an intersection with the westeriy extension of the northerly right of way margin of SE 134 th St; Thellce easterly along said westerly extension and the northerly right of way margin of SE 134'h St and said VGB line, crossing 182nd Ave SE. to an intersection with the westerly right of way margin of I 84'h Ave SE in the Northwest quarter of said Section 18; Thence southerly along said westerly right of way mar~in of 184"' Ave SE and its southerly extension and lem'ing said {JGBline, crossing SE 134 St, SE I 35 th St, SE I 36 th St and SE 140'h St, to an intersection with the north line of Tract 23. Renton Suburban Tracts Division No.4, recorded in VolulIle 61 of Plats, pages 74-76, said records. in Government Lot 4 of said Section 18; Thcnce eastcrly and southerly along said north line and the cast line of said Tract, to an intersection with the northeast corner of Renton-Suburban Tracts Division No.8, recorded in Voltll;,e 6'l of Plats, pages 74-76~ said records, in said Guvernment Lot 4 of said Section 19, said northeast corner also being on said UGB line; Thellce southerly along the cast line of said Plat and said UGH line, to the Southeast corner or said Plat at the southeast corner of Government Lot I in said Section 19; Thence westerly along the courses of the south boundary of said plat and said UGB line, to an intersection with the south line of Renton-Suburban Tracts Oil'. No.6, recorded in Volume 66 or Plats, pages 33-35, said records, in the Northeast quarter of said Section 24; Thence westerly along the south line of said Plat and said UGB line. to the 1Il0st Southwest corner of said Plat, said Southwest corner also being the Northeast corner of Government Lot 5 of said Section 24; Thence southerly along the east line of said Government Lot 5 and said UGB line. to the northeast corner of Lot 31 of Renton-Suburban Tracts Oil'. No.7, recorded in Volume 69 of Plats, pages 39-41. said records; Thence southwesterly and northwesterly along the south boundary of said plat and said VGB line, to an intersection with the east line of Government Lot 10 of said Section 24, said east line also being the east line of Tract A of Briarwood South No.6, recorded in Volume 97 of Plats, pages 68 and 69, said records; EXHIBIT A -CENTRAL PLATEAU tNTERCEPTOR SAD, AREA ASSESSMENT PAGE 2 OF 6 First American Title 'First American Title 20091105000541.uUI ORDINANCE NO. ~ Thence northerly along said east line of said Government Lot 10 and said Tract A and said UGB line, to Ihe Northeasl corner of said Tracl A; Thence westerly along Ihe courses of the north boundary of said Tract A, and said VOB line, 10 the Northwest corner of said Tract A, said Northwest corner also being a point on the easl line of the Northeasl quarter of said Section 23; Thence northerly along said east line and said uon line, to the northeast corner of Tract C of Skyfire Ridge Div. No. I, recorded in Volume 141 of Plats, pages 93·99, said records; Thence weslerly along Ihe courses of the north boundary of said Tracl C and said UGB line, 10 . the Northwest corner of said Tract C, said Northwest corner also being a point on the east line of the Southwest quarter of the Northeast quarter of said Section 23; Thence northerly along said east line and said UGB line, to the Northeast corner of said subdivision~ Thence weslerly along the north line of said subdivision and said UGB linc, to the Northwest. corner of said SUbdivision, said Northwest corner also being the Northeast corner of Government Lot 7 of said Section 23; Thence continuing westerly along the north line of said Government Lot 7, 10 Ihe Northwesl corner thereof, said Northwest comer also being the Southwest corner of the Northeast quarter of the Northwest quarter of said Section 23; Thence northerly along the west line of said subdivision, to th~ Southeast corner of Lot 9, Briar Hills Nu. 3, recorded in Volume 107 of Plals, page 36, said records, said west line also being the east linc of the Norlhwest quarter of the Northwest quarter of said Sec lion 23; Thence westerly along Ihe soulh line of said Plat, to Ihe Southwest corner Ihereof; Thence northerly along the west line of said Plat, to an intersection with the Southeast corner of Briar Ridge, recorded in Volume 113 of Plats, pages 60 and 61, said records; Thence westerly along the south line of said Plat, to the Southwest corner Ihereof, in Governmenl Lot I of said Section 22, said Southwest corner also being a point on the west line of Ihe East half of Ihe East half of said Government Lot I; Thence southerly along said east line, to the northerly bank of the Cedar River; Thence westerly along said northerly bank, to an intersection with the east line of Tract A, Cedar River Bluff, recorded in Volume 172 of Pia Is, pages 53·56, said records; Thence norlherly along said east line, 10 the Northeast corner of said Tract A; EXHIBIT A -CENTRAL PLATEAU INTERCEPTOR SAD, AREA ASSESSMENT PAGE30F6 First American Title 'First American Title ORDINANCE NO. 5465 Thence westerly along the north line of said Tract A, to an intersection with the east line of Maplewood Heights, recorded in Volume 78 of Plats. pages 1-4, said records; Thence southerly along said east line, to the Southeast corner thereof; 20091105000541.:: Thence westerly along the south line of said plat, to the Southwest corner thereof, said corner also being a point on the east line of Government Lot 6 of Section 22; Thence South 01 "08'21" West, along said east line, to a point 641.73 feet southerly of the Northeast corner of said Government Lot 6; Thence North 55"51 '39" West, a distance of 391.81 feet; Thence North 26"45'23" West, a distance of 494.29 feet, to a point on the north line of said Government Lot 6, said point also being on the south line of the Southwest quarter of Section 15; Thcnee westerly along said south line, and along the existing City Limits of Renton, as annexed under Ordinance No, 3945, to the Southeast corner of the Southwest quarter of the Southwest quarter of the Southwest quarter of said Section 15; Thence northerly along the east line of said subdivision and said City Limits, to the Northwest corncr of Lot 21, Block I of said Maplewood Heights in said Southwest quarter of Section 15; Thellce northeasterly along the north line of said Block 1 of said Plat, to an intersection with the west line of Lot 10, East Crest, recorJed in Volume 87 of Plats. page 49, said records, in said Southwest quarter; Thence northerly along said west line, to the Northwest corner thereof. said Northwest corner also being a point on the south line of Tract A, Hideaway Home Sites, recorded in Volume 81 of Plots. pages 88 and 89, said records; Thence westerly along the south line of said Tract A, to the Southwest corner thereof; Thellce northerly along the west line of said Tract A and the northerly extension of said west line, and along the existing City Limits of Renton, as annexed under Ordinance No. 3143, to the south line of the Northwest quarter of Section 22; Thence westerly along said south line and along said existing City Limits and along the south line of Lot 14. Goe's Place, recorded in Volume 85 or Plats, pages 12 and 13, said records, to the Southwest corner of said Lot 14; Thence northerly along the westline of said Lot 14, to the Northwest comer thereof; Thence easterly along the north line of said Lot 14, to the Northeast corner thereof; EXHIBIT A -CENTRAL PLATEAU INTERCEPTOR SAD, AREA ASSESSMENT PAGE 4 OF6 First American Title 'First American Title ORDINANCE NO. ~ Thence northerly along the east line of Lot 13 of said Plat and its northerly extension, to an intersection with the westerly extension of the north line of the South 'half of the Southeast quarter ufthc Southeast quarter of the Northwest quarter of said Section 15; 20091105000541.,:,,:, : Thence easterly along said westerly extension and said north line and along the existing City limits of Renton, as annexed under Ordinance No. 5074, crossing Duvall Ave NE, to its intersection with the west line of the Northwest quarter of said Section 15; Thence northerly along said west line crossing NE 2nd St, to the most westerly southwest comer of Alder Crossing, recorded in Volume 251 of Plats, pages 37 -42, said records; Thence westerly along the south line of said plat, to the southeast corner thereof; Thence northerly along the east line of said Plat, to its intersection with the north line of the south half of the north halfofthe north half of the north halfofsaid Section 15; Thence easterly along said north line of said subdivision crossing Hoquiam Ave NE and Jericho Ave NE. to the easterly right of way margin thereof; Thence southerly along said westerly right of way margin, to the Southwest corner of Tract 2, Black Loam Five Acre Tracts, recorded in Volume 12 of Plats, page 101, said records; Thence continuing easterly along said existing City Limits and the south line of said Tract 2, to the east line ufthe west half of said Tract 2; Thence northerly along said east line, to the south line of the north 150 feet thereof; Thence easterly along said south line, to the east line of the of the West half of the West half of thc East half of said Tract 2; Thellce northerly along said east line, a distance of8 feet; Thence easterly along the south line of the north 142 fee thereof, to the east line of the west half of the east half of said Tract 2; Thence southerly along said east line, to the south line of the Northeast quarter of said East half of said Tract 2; Thence easterly along said south line, to the westerly right of way margin of Lyons Ave NE; Thence continuing easterly along the easterly extension of said south line, crossing Lyons Ave NE, to the easterly right of way margin thereof; Thence northerly along said easterly right of way margin, to the southerly right of way margin of NE 4'" St. ExHIBIT A -CENTRAL PLATEAU INTERCEPTOR SAD, AREA ASSESSMENT PAGE 5 OF 6 First American Title 'First American Title 20091105000541,:: : ORDINANCE NO. 5465 Thence easterly along said southerly right of way margin, to the intersection with the easterly line of the existing City of Renton Limits as annexed under Ordinance No, 5064, in the Northwest quarter of said Section 14 and the point of beginning, EXHIBIT A -CENTRAL PLATEAU INTERCEPTOR SAD, AREA ASSESSMENT PAGE60F6 First American Title 'First American Title ORDINANCE NO. 5465 EXHIBIT A CENTRAL PLATEAU INTERCEPTOR FRONTAGE ASSESSMENT PROPERTIES SPECIAL ASSESSMENT DISTRICT AREA "A" LEGAL DESCRIPTION: 200911 05000541.u i Lot I and Tract B, Carolwood, recorded in Volume III of Plats, pages 99-100, records of King County, Washington; TOGETHER WITH Lot 11, Carolwood No.2, recorded in Volume 114, page 74, said records; and TOGETHER WITH that portion of the Southwest quarter of the Southeast quarter of Section 14. Township 23 North, Range 5 East, W.M., King County, Washington; and TOGETHER WITH the West 150 feet orthe East 180 feet of the North 165 feet of the South half of said Southwest quarter of the Southeast quarter of Section 14; and TOGETHER WITH the West 160 feet.ofthe east 190 reet of the South 132 feet of the Northeast. quarter nfthe Southwest quarter of the Southeast quarter of said Section 14; and TOGETIIER WITH the East 165 feet of the West 330 feet of said subdivision, EXCEPT the North 264 fCct thereoC and EXCEPT Ihe Soulh 132 feellhereot; TOGETHER WITH Ihe Soulh 20 reel of Ihe North 284 feet of said subdivision, EXCEPT the West 330 feet thereof; and TOGETHER WITH the North 120 feel of the South 252 feel of the East half of said SUbdivision, EXCEPT Ihe West 150 feellhereof; and TOGETHER WITH Ihe East half of said subdivision, EXCEPT Ihe North 284 feet thereof and EXCEPT Ihe Soulh 252 reet thereof; and TOGETHER WITH Ihe East 230 feet of the South 132 feet of the North 264 feet of the Southwest quarler of the Southeast quarter of said Section 14; and TOGETHER WITH Ihe West 165 feet oflhe Easl 195 feet oflhe North 132 feet of the Northeast quarter of the Southwest quarter of the Southeast quarter of said Section 14; and TOGETHER WITH Lot 2 of King County Short Plat No. 481066, as recorded under King County Recording No. 8109100503,Iocated in the Southwest quarter of the Southeast quarter of said Section 14; LESS Roads. Exhibit A -Central Plateau Interceptor SAD, Fronlage -.Area A Page 1 of 1 First American Title -----------~ ~-------------- 'First American Title ORDINANCE NO. 5465 EXHIBIT A CENTRAL PLATEAU INTERCEPTOR FRONTAGE ASSESSMENT PROPERTIES SPECIAL ASSESSMENT DISTRICT AREA "8" LEGAL DESCRIPTION: 200911 05000541.U·; ; Lots I, 2,3 and the 20 feet wide undivided interest parcel lying between said Lot I and Lot 2, of King County Short Plat No. 576015, recorded under King County Recording No. 7905170580, records of King County, Washington; TOGETHER WITH Lots I and 2, King County Short Plat No. 677116, recorded under King County Recording No. 7905170582; and TOGETHER WITH Tract A and Tract B of King County Short Plat No. 675021, recorded under King County Recording No. 7602040384; and TOGETHER WITH Tracts 4,5,6 and the West 150 feet of the North 80 feet of Tract 7, all in Alock 3, Cedar Park Five Acre Tracts, recorded in Volume 15nfPlats, page 91, records of King County, Washington. All situate in the Southeast quarter of Section 14 and the North half of Section 23. both in Township 23 North, Range 5 East, W.M., in the City of Renton, King County, Washington. Exhibit A -Central Plateau Interceptor SAD, Frontage -Area B Page 1 of 1 First American Title first American Title ORDINANCE NO. 5465 EXHIBIT A CENTRAL PLATEAU INTERCEPTOR FRONTAGE ASSESSMENT PROPERTIES SPECIAL ASSESSMENT DISTRICT AREA "e" LEGAL DESCRIPTION: 20091105000541.u, Lots I through 8 and Lot 17. Ridge Point Estates, recorded in Volume 165, pages 64-65, records of King Cuunty, Washington; TOGETHER WITH that portion of the Northeast quarter of the Northwest quarter of Section 23, Township 2J North. Range 5 North, W.M., King Cuunty, Washington. lying easterly and southerly of said plat of Ridge Point Estates and westerly of the westerly right of way margin of 154'h PL SE (W.J. Orion Rd); and TOGETHER WITII the North 133 feet of the East 120 feet of said Northeast quarler of the Northwest quarter; and TOGETHER WITH that portion of the North half of the NOrlheast quarter of the Northeast quarter of the Nurthwest quarter, lying easterly and southerly of Linda Ilomes, recurded in Volume 74, page 6, said records; and TO(iETlIER WITH that portion of the South half of said Northeast quarler of the Northeast quarter of the Northwest quarter, and the south half of the Northwest quarter of the NOrlhwest quarter "I' the Northeast quarter, both in said Section 23, lying westerly of the westerly right of way margin "f 156'h Ave SE (Co. Rd. 1049, August E. Gerber Rd.) and easterly of the northeasterly right of way margin of 154" PL SE (W.J. Orton Rd.); LESS Roads. Exhibit A -Central Plateau Interceptor SAD, Frontage -Area C Page 1 of 1 First American Title 'First American Title ORDINANCE NO. 5465 EXHIBIT A CENTRAL PLATEAU INTERCEPTOR FRONTAGE ASSESSMENT PROPERTIES SPECIAL ASSESSMENT DISTRICT AREA "D" LEGAL DESCRIPTION: 20091105000541.:~ Lots I and 50, Briarwood West. recorded in Volume 93 of Pia IS, pages 91-92, records of King County, Washington; TOGETHER WITH Lots I and 16, Marywood, recorded in Volume 90 of Pia IS, page 32, said records; and TOGETHER WITH the South 165 feet of the North 195 feet of the East half of the Northeast quarter of the Northwest yuartcr of the Northeast quarter of said Section 23; LESS the East 30 feet thereof; and TOGETHER WITH the west 150 feet of said East half of said subdivision, lying northerly of the South 365 teet thereof and southerly of the North 195 feet thereof; and TOGETHER WITH that portion of the West half of the Northwest quarter of the Northwest yuarter orthe Northeast quarter of Section 23, Township 23 North, Range 5 East, W.M., King County, WaShington, lying northerly of the north line of lot 1 of King County Short Plat No. 1286002, as recorded under King County Recording No. 8708140726: and TOGETHER WITH Lot I and Lot 2 of King County Short Plat No. 1286002, as recorded under King County Recording No. 8708140726, said lot 2 being later amended by Lot Line Adjustment No. 890718, as recorded under King County Recording No. 9010241356, said lots being a portion of the Northwest quarter of the Northeast quarter of said Section 23; LESS Roads. Exhibit A -Central Plateau Interceptor SAD, Frontage -Area D Page 1 of 1 First American Title • 'First American Title 200911 05000541.::; ~ I • ,. if ~ III " !if ~ '" '" ~ ~ 3 '" ~ 3 g' ~ I c " g' Co D> C -< a· D> -< .--. I -------_ .. First American Title 'First American Title 15, LeQal Description .. 01_8302011019 i \ 1 1 $ . ....l.L . r;~ R._'_ Lf.GAL ri led lOt r~~td . .It the t6qUt!St of: Return Co: BId Zding' & Land Deoe iopment 450 XC Administration BUq . . Seattle~ It'a8hington 98104 DESCRIPTION ~"o R T P LA.. . NO' _""=005:: • .:..·· __ ~_ KING COUNTY, 'WASHINGTON tt.P/ln:..ar: of Pl.annill9 and ~it9 Dev.lo~t 8u1J:fing and Land Dl!'ValopaBn~ Dirision Eaamined ~'.pprO~ed this '}'\' day ot --'P ..... =9i-,--O---,. , 19'...:c't>....--,· ~ Develo~t Dlvlsj~ DePdtt~t; of Pubhc Worl:.s £x ... rur:ed and oIpproved clUs ~v of .ge-~g;_' , '9M Di rector . . , ", , , i i , , 'OTS I, 2 ";D 3 (]V me COUNTY SHORT PlAT IillMiER 8800S. AS RECORDI!D 1l1IDER .," •• ,8107010684 ill .. ,.:. SUBJECT '!O BAS£!oI&Ift' POR ELEC1'RIC SYSTEM AS RECORlllJ) UNDER A.F.f 8105290995; .. AJ.SO SUBJECT TO EAS~ FOR IlATi,;)1: liAINS JJ, ecOIlllBtLtJNl)!R A~F .f' 8111240491; 't " I. , .•.... ." ,,' First American Title 8::.-'(1],; -'j)':' l;c-·~l· F ::'; "'.,.,' .. ~,' · .. ····n . .:,Q ~ " i' .. ' 1: ·f 'First American Title '\ .. -" .. ~ .... =.,....----:----:,---- :\;:~r: .:.:-... :':;' ::~,..,.;:, .. :: .... ;.) ;. :~:I '.: :71 -' w'.>1. -" -:t;;:.;" --' .. -... _---. "1'" , . -. I ,~,.~,cr"""",,,, r i I I I I .1 I , i 1 I I i I .. • l ~ • t' ". { • ~ , ~ I • 1 I ! ! .... ,.. '" I ~"''WI''~. )J I ':0 IP e} 111 § 't-I ;:} I' ~.I ·Ia ... -''-I'!~ ~.-'\ t j ·1~.71. 8 '1.115 2 :. .. '1')·1&. ... .. a I ~ "I- . '.~ ( . k.I;,71 (", ~ ... ~w'" ."~It,,= ~.=-. ~~ >-.. ~ ~ .. ~ :t .. I\~ ") '!~ ..)::;. )w }; ;. ~ 'I> .. .. ~ ,. a h YlAP.tmlS; King County "has . no f('.~.pri:::;::;;:~:y t:> !:~:~[.. i:~~:-::;·::. rr:1:r.~J:1I ~; ~:~.:.: ... :.,r~ ~';;1+:; :::1) r;!:·."·~ r:":;.:: . ('::;;,;';:.,~J ~,:~:;;-I c: ~;~ ... ::::~l s~;:.';t-~ ',,J' . the llfOP;;i~i C:~ri;:::-j j:1 this short p:..t ~ ,1-=,-.<-~ ~ I ...,..- "i h 5 , Said easements to be ,main~irled. repaired. "d/o, rebuilt by the owners ot the pa«;ets aving legal i.ccess t'l~relro."Tl· and their eirs. as~:gfls or succes~l}rs, unless -and until uch roads are imp(o",cd' to King County landard' and are dedicated and accepted by IID& County lor maiiteoanCe. . 11004.10 . . ....... '!:t •• ~I."1i . , .a~'It."'~ioIl1 • ,......,. "' • ...-.-....0 :' ' , ; t 1 " ---_ .. -----~======~ .---~-~--'----'-' ... _ .... RE ._-------._._" First American Title • 'First American Title "--;,~,~, \ J{.'.;VW 'AL~ MEl-.' ~y t'1r.se ?r~sents', that .... e, the' und:erSigned,:' ~ners in' fe~ simpl~ ,land c.ontract purchaser(s) j of the lanJ herein described, dO here- by revise. Short Sul?division Application No. ';~}'O();:;l A' as re- corded ur. ~r Recordi1?9 No •. <,l.!/X''::S2· • 'Re~rdS of King .. County, Washington,. and by thls Rev.lSed Short. Subdiv1Sio::l thereof pursu- ant to RCW 58.17.060 declare'tt.is revised shc .... t plat to,.be the graplic 'repl ~senU!tion of the same, and that said 1:e ',sed '~hort .. subdivision .~s dade with the free Consent .. and' in accordance with the 'desire of the owner(s) • IN WITNESS WHEREO:-We ,have set our hands M.d 5~als. Name . . Vice President / STAlE.Of .. ,". !. Q. 1 eo..tJoaf j~111.K ~. Short Plat ~umbcr Yv~'£s·'.i,: Pagc __ 3 ___ of ___ + __ _ . ~. First American Title .. \' • . First American Title " -."-~ -.~-' .. COVEN; 'S, CO~inTIO:-;S, 4:-;D ~£STRICT10~S Rt.:·:~n~~ wtT·t THE LAND:" T:.:act(s) rRIV.f~ &B "J designated upon the plat "as a private road and thorough i:ra. Is descrlb~d in the King COunty,Compreben- sive plan as a "local access street or road" and til accordan.:e "ltb the standards tbereiD, may be re'1utrelj for future County street; road, or' tbo~ugbfa. e. . . 1. ·The own~r. bIs grantees aDd aSstglis, bereb~ agree to, dedicate Tract(s) . to (hS County for right-af-way and street purposes, at such time as sUd Tract(s) . is/are needed for tbose purposes. A Deed cODveying Tract(s) .-=:l"':::-=:::-- ~~~-'T:~ to King County sball be executed by-the mrDer. his graDte~s and assigns. aDd shall be dt::li- vered to ling Co:unty t.POll demand. 2. The owner, his grantees and aSSigns, hereby &gree(s) to participate in, and/or-not oppose or protest', the formation of a COunty Road Improvement Distric~ (CRID) pursuaut to RC'I 36:88' or u.y Road Il11proveltlent' project sanctioned by Ei"ng·Connt, which Is designed' to· improve Tract(s) " and the"inmedjafe street system of .. Incb it is a part~ Timing of the for1l:ation of 'said CHID·,or other road improvement project sball be determined by King C9un~y. The_street improvement autborized by tbe CllID or other road 'improvement projeCt shall call for' the improvement of Tract(s} t7f1V4r£. 8'D . and its iDJlD8.diate street system to at least the minimum kIng· County road standards appl1cBble to tbe·CBln-or other road project is 'formed; provid6d tbat.· in situatioos where there is a multiple ownership of propert~es' par- ticipating io tbe formatioD of tbe CHID. or other. road improvement project. if a majority.of the property owners want a bigbe~ st·andard. i':e •• curbs .. gutters. underground drainage, etc.; that standard sball prevail. . Sbort Plat ~umber __ ~,:~-~·~:~C~·._~,~'~I~)(~ __ __ rage _._ of _ .. _ R EVI~' ("\~, First American Title • , First American Title 16. Statement of Information STATEMENT OF INFORMATION (For confidential use by the T1t1e Company In searching the records in connection with the file number shown below.) Property Address: 312 Field Place SE Renton, WA 98059 File No.: 4291-2109270 (GR) Ref No.: In order to expedite the completion of your transaction we are requesting that you complete the following "Statement of Information" form. We are not unnecessarily interested in your personaraffairs, however, we have been asked to insure the title to real property in which you are interested and that requires a title search. Cn searching your title we may encounter judgments,.. bankruptcies, divorces and/or income tax liens against persons with the same or similar names to yours. Such matters cloua the title to your property unless eliminated. . In order to eliminate items in the chain of title that are not applicable to you (for example: a judgment lien against a party with a similar/same name), we may contact appropriate parties to help us eliminate matters regarding your title. We are In accordance with our privacy policy when we do so. The information you rrovide, and your spouse or domestic partner if you are married, or in a domestic partnership, can promptly eliminate al matters not directly affecting y'ou or the property being searchea, avoid any delay in your transaction and provide you with the most efficient service pOSSible. Thank you for your cooperation in furnishing us with the necessary information and please be assured that your information is confiC1ential and used only for the purpose which we have stated. -;;::;::;::-___ "':=;-___ ......,=:-==-=="'"" ____ ;-:::;:--________ US Resident since Name: First Middle -if none, indicate last Year Have you ever been known by any other name? 0 No D Yes If yes, indicate name Social Security No XXX-XX-D D D D Date of Birth Driver Ucense No 0 0 0 0 (Last 4 digits) Location of Birth ------:c:-::-...,.,----:c------ -;;=~========:_....,=---_;=;::__;;_=::_;==--..,_::=_----US Residence since Spouse or Domestic Partner's Name: First Middle -if none, indicate last Year Social Security No XXX·XX-0 0 0 0 Driver Ucense No 0 0 o o (last 4 Digits) Date of Birth Location of Birth ________________ _ Have you ever been known by any other name? 0 No o Yes If yes, indicate name If married or in a domestic partnership, ____ ---,07 ___ at Date RESIDENCES LAST 10 YEARS (list most recent first) Number and Street Number and Street Number and Street Occupation Spouse or Domestic Partner's Occupation City, State, Zip COde City, State, Zip Code City, State, Zip Code (attach additional page, if necessary) OCCUPATIONS Co. Name Address, City, State Zip Co. Name Address, City, State Zip City and State BUSINESS OWNED OR PARTNERSHIP AFFILIATIONS DDDD OlD oLastCt'D Tax ID No. (last 4 digits) Finn/Partnership Name Address, City, State Zip Firm/Partnership Name Address, City, State Zip (attach additional page, if necessary) From[To (Date) From/To (Date) From/To (Date) No. Yr's/Mo's No. Yr's/Mo's No. Yr's/Mo's No. Yr'sjMo's 1 Domestic Partner refers to an individual in a state recognized quasi-marital relationship entered into by same-sex couples whether such relationship is identified as a "domestic partnership," "civil union", or similar term. First American Title r----------------------------------------------------------------------------------------------------------------------- First American Title FORMER MARRIAGECSl-OR DOMESTIC PARTNERSHIPCSl Please complete the following: OR If no former marriages or domestic partnerships, write "NONE" _________ _ Name of former husband or domestic partner Deceased 0 Divorced D Date: Where: ___ ---,=-: _______ _ State Name of former wife or domestic partner Deceased D Divorced D Date: _________ _ Where: __ ----;:=,---_____ _ State (attach additional page, if necessary) CHILDREN Name Date of Birth Name Date of Birth Name. Date of Birth Name Date of Birth (attach additional page, if necessary) Have you ever owned a boat, airplane or any licensed vehicle (other than a car)? D No DYes If Yes, describe vehicle: License Number Have you ever filed bankruptcy? ~--------------o No 0 Yes If Yes, where County __________________ _ State ----------------- Is any Dortion of the new loan funds to be used for construction? o No 0 Yes I DECLARE UNDER PENAL TV OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT: Spouse or Domestic Partner's Signature: V Signature: V Spouse or Domestic Home Bus Partner's Phone Phone Bus Phone Spouse or Spouse or Domestic Domestic Cell Partner's Partner's Phone Email Cell Phone Email ©2012 First American Financial Corporation and/or its affiliates. All rights reserved. I NYSf: FAF 8/2012 First American Title "-0R~ First Alnerican Pat Fullerton (206) 615-3055 pfullerton@flrstam.com To: WestPac Development LLC 7449 W Mercer WAY Mercer Island, WA 98040 Attn: Travis Defoor • King County Title Team One Fax No. (866) 904-2177 Jennifer Salas (206) 615-3011 jsalas@firstam.com Re: Property Address: 4905 5E 2nd Place, Renton, WA 98059 Supplemental Report 5 First American Title Insurance COmpany 818 Stewart St, Ste 800 Seattle, WA 98101 Phn -(206)728-0400 (800)826-nI8 Fax - Tina Kotas (206) 615-3012 tkotas@firstam.com File No.: 4291-2122508 Your Ref No.: QPID-12170 Dated: February 12, 2014 at 8:00 A.M. Commitment/Preliminary Report No. 4291-2122508 dated as of July OS, 2013 (including any supplements or amendments thereto) relating to the issuance of an American Land Title Association Form Policy is hereby modified and/or supplemented as follows: Paragraph No(s). 5 has/have been amended to include the following: We are in receipt of the Trust and will accept the signature(s) of Colin T. Ury, as Successor Trustee(s) of the Trust. Paragraph No(s). 6 has/have been amended to read as follows: 6. We note that the Trustee's Deed recorded under recording number 20100106001087, by which the vestee herein acquired title, contains an erroneous/incomplete legal description. Said instrument should be re-recorded to correct said description. Said exception will be removed from the forthcoming policy. RECEIVED APR 2 5 2014 Pat Fullerton, Title Officer CITY OF RENTON PLANNING DIVISION Page lof 1 ............ r.,t- ~ First American Pat Fullerton (206) 615-3055 pfullerton@firstam.com To: WestPac Development LLC 7449 W Mercer WAY Mercer Island, WA 98040 Attn: Travis Defoor King County Title Team One Fax No. (866) 904-2177 lennifer Salas (206) 615-3011 Jsalas@f1rstam.com Re: Property Address: 4905 SE 2nd Place, Renton, WA 98059 Supplemental Report 4 First American Title Insurance Company 818 Stewart St, Ste 800 Seattle, WA 98101 Phn -(206)728-0400 (800)826-7718 Fax· Tina Kotas (206) 615-3012 tkotas@f1rstam.com File No.: 4291-2122508 Your Ref No.: QPID-12170 Dated: February 06, 2014 at 8:00 A.M. Commitment/Preliminary Report No. 4291-2122508 dated as of lanuary 07,2014 (including any supplements or amendments thereto) relating to the issuance of an American Land Title Association Form Policy is hereby modified and/or supplemented as follows: The coverage amount has been amended as follows: Homeowner's Rate with 10% combination discount Extended Owner's Policy: Amount: $640,000.00 Premium: $1,840.00 Simultaneous Issue Rate with 10% combination discount ALTA Extended Loan Policy: Amount: $To Follow Premium: $To Follow Easement Charge Pat Fullerton, Title Officer Page lof 1 Tax: $174.80 Tax: $To Follow $ 40.00 $ 3.80 ~ First American "'" Pat Fu lIerton (206) 615-3055 pfullerton@flrstam.ClOm To: WestPac Development LLC 7449 W Mercer WAY Mercer Island, WA 98040 Attn: Travis Defoor King County Title Team One Fax No. (866) 904-2177 Jennifer Salas (206) 615-3011 jsalaS@flrstam.ClOm Re: Property Address: 4905 SE 2nd Place, Renton, WA 98059 Supplemental Report 3 First American rifle Insurance COmpany 818 Stewart St, St. 800 Seattle, WA 98101 Phn -(206)728-D<100 (800)826-7718 Fax· Tina Kotas (206) 615-3012 tkotas@flrstam.ClOm File No.: 4291-2122508 Your Ref No.: QPID-12170 Dated: January 30, 2014 at 8:00 A.M. Commitment/Preliminary Report No. 4291-2122508 dated as of January 07,2014 (including any supplements or amendments thereto) relating to the issuance of an American Land Title Association Form Policy is hereby modified and/or supplemented as follows: Paragraph no.(s) 8 of our Commitment/Preliminary Report has/have been eliminated. Pat Fullerton, Title Officer Page 10f 1 First American Pat Fullerton (206) 615-3055 pfullerton@f1rstam.com To: WestPac Development LLC 7449 W Mercer WAY Mercer Island, WA 98040 Attn: Travis Defoor King County Title Team One Fax No. (866) 904-2177 Jennifer Salas (206) 615-3011 jsalas@f1rstam.com Re: Property Address: 4905 SE 2nd Place, Renton, WA 98059 First American Title Insurance Company 818 Stewart St, Ste 800 seattle, WA 98101 Phn -(206)728-0400 (800)826-7718 Fax· Tina Kotas (206) 615-3012 tkota$@f1rstam.com File No.: 4291-2122508 Your Ref No.: QPID-12170 Supplemental Report 2 Dated: lanuary 29, 2014 at 8:00 A.M. Commitment/Preliminary Report No. 4291-2122508 dated as of January 07, 2014 (including any supplements or amendments thereto) relating to the issuance of an American ·Land Title Association Form Policy is hereby modified and/or supplemented as follows: The legal description of the herein described property has been amended to read as follows: PARCEL A: THAT PORTION OF THE WEST HALF OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 15 TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M. RECORDS OF SAID COUNTY. LYING EASTERLY AND NORTHEASTERLY OF EASTERLY AND NORTHEASTERLY LINE OF 138 AVE. S.E. AN EXTENSION AS SHOWN ON KING COUNTY SURVEY NO: 14-23-5-15 LESS COUNTY ROADS BUT EXTENDING THE EXTENSION OF 138'" AVE S.E. PARCEL B: THAT PORTION OF THE NORTH 268 FEET OF THE WEST HALF OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 15 TOWNSHIP 23 NORTH RANGE 5 EWM LYING WESTERLY OF EASTERLY LINE OF 138TH AVENUE SOUTHEAST EXTENSION AS SHOWN ON K. C. SURVEY NO. 14-23-5-15. PARCELC: THAT PORTION OF THE WEST HALF OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: Page lof 2 Date: January 29, 2014 File No.: 4291-2122508 (GR) BEGINNING AT THE INTERSECTION OF THE EAST UNE OF SAID SUBDMSION WITH THE EASTERLY MARGIN OF 138TH AVENUE S.E. EXTENSION, AS SHOWN ON KING COUNTY SURVEY NO. 14-23-5-15; THENCE WESTERLY PARALLEL WITH THE NORTH UNE OF SAID SUBDIVISION TO THE WEST UNE OF SAID SUBDIVISION; THENCE NORTHERLY ALONG SAID WEST UNE TO THE SOUTH UNE OF THE NORTH 268 FEET OF SAID SUBDMSION; THENCE EASTERLY ALONG SAID SOUTH UNE TO THE EASTERLY MARGIN OF SAID 138TH AVENUE S.E EXTENSION; THENCE SOUTHERLY ALONG SAID EASTERLY MARGIN TO THE POINT OF BEGINNING. Paragraph No(s). 6 has/have been amended to read as follows: 6. We note that the Quit Claim Deed and Trustee's Deed recorded under Recording No. 9311081033 and 20100106001087, by which the vestee herein acquired title, contains an erroneous/incomplete legal description. Said instrument should be re-recorded to correct said description. The following paragraph no(s). 13 has/have been added to our Commitment/Preliminary Report to read as follows: 13. ALTA survey by Barghausen Consulting Engineers, Inc., dated January 24, 2014, under Job No. 16834 discloses the following matters: (A) fence does not conform to the property lines. Pat Fullerton, TItle Officer Page 2 of 2 .~.t First American Pat Fu lIerton (206) 615-3055 pfullerton@firstam.com To: WestPac Development LLC 7449 W Mercer WAY Mercer Island, WA 98040 Attn: Travis Defoor King County Title Team One Fax No. (866) 904-2177 Jennifer Salas (206) 615-3011 jsalas@flrstam.com Re: Property Address: 4905 SE 2nd Place, Renton, WA 98059 Supplemental Report 1 First American Title Insurance Company 818 Stewart SI, Ste 800 seattle, WA 98101 Phn • (206)728,0400 (800)826,7718 Fax - Tina Kotas (206) 615-3012 tkotas@flrstam.com File No.: 4291-2122508 Your Ref No.: QPID-12170 Dated: January 24, 2014 at 8:00 A.M. Commitment/Preliminary Report No. 4291-2122508 dated as of January 07,2014 (including any supplements or amendments thereto) relating to the issuance of an American Land TItle Association Form Policy is hereby modified and/or supplemented as follows: Paragraph no.(s) 9 of our Commitment/Preliminary Report has/have been eliminated. The following paragraph noes). 10, 11 and 12 has/have been added to our Commitment/Preliminary Report to read as follows: 10. The terms and provisions contained in the document entitled "Ordinance No. 4612" Recorded: June 21, 1996 Recording No.: 9606210966 11. The terms and provisions contained in the document entitled "Ordinance No. 5465" Recorded: November 05, 2009 Recording No.: 20091105000541 12. The terms and provisions contained in the document entitled "Latecomer's Agreement" Recorded: June 06, 2011 Recording No.: 20110606001192 Page 10f 2 Date: January 24, 2014 File No.: 4291-2122508 (GR) Pat Fullerton, Title Officer Page 2 of 2 First American Title 1. (WA) Commitment 2 First American FiISt Amerlt:iJn TItle Insurance Company 818 Stewart St, Ste 800 Seattle, WA 98101 Phn -(206)728-0400 (800)826-7718 Fax - Pat Fullerton (206) 615-3055 pfullertonOflrstam,com ESCROW COMPANY INFORMATION; Escrow Officer/Closer: GAIL RANDALL GRandali@firstam.com First American Title Insurance Company 3905 Martin Way, Ste A, Olympia, WA 98506 Phone: (360)350-6760 -Fax: (866)341-0145 King County Title Team One Fax No. (866) 904-2177 Jennifer Salas (206) 615-3011 JsalasOflrstam.com To: WestPac Development LLC 7449 W Mercer WAY Mercer Island, WA 98040 Attn; Travis Defoor Re: Property Address: 4905 SE 2nd Place, Renton, WA 98059 Second Report First AmerIcan ntle First American Title Tina Kotas (206) 615-3012 tkotaSOflrstam.com File No.: 4291-2122508 Your Ref No.: QPID-12170 -------------- First American Title Fonn No. 1068-2 AlTA PlaIn Language CommItment COMMITMENT FOR TITLE INSURANCE Issued by CommItment No.: 4291a 2122S08 Page 2 of 10 FIRST AMERICAN TITLE INSURANCE COMPANY Agreement to Issue Policy We agree to issue a policy to you according to the terms of this Commitment. When we show the policy amount and your name as the proposed insured in Schedule A, this Commitment becomes effective as of the Commitment Date shown in Schedule A. If the Requirements shown in this Commitment have not been met within six months after the Commitment Date, our obligation under this Commitment will end. Also, our obligation under this Commitment will end when the POlicy is issued and then our obligation to you will be under the Policy. Our obligation under this Commitment is limited by the following: The Provisions in Schedule A. The Requirements in Schedule B-1. The General Exceptions and Exceptions in Schedule B-II. The Conditions. This Commitment is not valid without Schedule A and Section I and II of Schedule B. Pat Fullerton, TItle Officer FlrstAmerlcanntle First American Title First American Title Fonn No. 1068-2 ALTA Plain Language Commitment SCHEDULE A 1. Commitment Date: January 07, 2014 at 7:30 A.M. 2. Policy or Policies to be issued: Homeowner's Rate with 10% Combination Discount AMOUNT Standard Owner's Policy $ 640,000.00 $ Proposed Insured: The Quadrant Corporation, a Washington corporation Simultaneous Issue Rate with 10% Combination Discount Commitment No.: 4291·2122508 Page 3 of 10 PREMIUM TAX 1,171.00 $ 111.25 ALTA Extended Loan Policy Proposed Insured: $ To Follow $ To Follow $ To Follow To Follow Easement Charges $ 40.00 $ 3.80 3. (A) The estate or interest in the land described in this Commitment is: Fee simple as to Parcel(s) A, an easement as to Parcel(s) B. (B) Title to said estate or interest at the date hereof is vested in: COLIN T. URY AND TINA N. URY, HUSBAND AND WIFE 4. The land referred to in this Commitment is described as follows: Real property in the County of King, State of Washington, described as follows: The land referred to in this report is described in Exhibit A attached hereto. Rrst American rrtle First American Title ,---------------------------------------- First American Title Form No. 1068-2 ALTA Plain language Commitment The following requirements must be met: SCHEDULE B SECTION I REQUIREMENTS --------------------- Commitment No.: 4291-2122508 Page 4 of 10 (A) Pay the agreed amounts for the interest in the land and/or the mortgage to be insured. (6) Pay us the premiums, fees and charges for the policy. (C) Documents satisfactory to us creating the interest in the land and/or the mortgage to be insured must be signed, delivered and recorded: (D) You must tell us in writing the name of anyone not referred to in this Commitment who will get an interest in the land or who will make a loan on the land. We may then make additional requirements or exceptions. (E) Releases(s) or Reconveyance(s) of Item(s): (F) Other: (G) You must give us the following information: PART ONE: 1. Any off record leases, surveys, etc. 2. Statement(s) of Identity, all parties. 3. Other: SCHEDULE B SECTION II GENERAL EXCEPTIONS A. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 6. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. C. Easements, claims of easement or encumbrances which are not shown by the public records. D. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records .. E. (A) Unpatented mining claims; (6) Reservations or exceptions in patents or in Acts authorizing the issuance thereof; (C) Water rights, claims or title to water; whether or not the matters excepted under (A), (6) or (C) are shown by the public records; (D) Indian Tribal Codes or Regulations, Indian Treaty or Aboriginal Rights, including easements or equitable servitudes. F. Any lien, or right to a lien, for services, labor or materials or medical assistance heretofore or hereafter furnished, imposed by law and not shown by the public records. G. Any service, installation, connection, maintenance, construction, tap or reimbursement charges/costs for sewer, water, garbage or electriCity. H. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof, but prior to the date the proposed insured acquires of record for value the escrow or interest or mortgage(s) thereon covered by this Commitment. first American Title First American Title First American Title Form No. 1068·2 ALTA Plain language Commitment PART TWO: SCHEDULE B SECTION II EXCEPTIONS Commitment No.: 4291·2122508 Page 5 of 10 Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction. The printed exceptions and exclusions from the coverage of the policy or policies are available from the office which issued this Commitment. Copies of the policy forms should be read. 1. Uen of the Real Estate Excise Sales Tax and Surcharge upon any sale of said premises, if unpaid. As of the date herein, the excise tax rate for the City of Renton is at 1.78%. Levy/Area Code: 2142 2. General taxes and assessments, if any, for the year 2014, in an amount not yet available, which cannot be paid until the 15th day of February of said year. Tax Account No.: 152305917006 Assessed Land Value: $ 141,700.00 Assessed Improvement Value: $ 213,000.00 3. Delinquent General Taxes for the year 2013. The first half becomes delinquent after April 30th. The second half becomes delinquent after October 31st. Tax Account No.: 152305917006 1st Half Amount Billed: $ 2,285.22 Amount Paid: $ 0.00 Amount Due: $ 2,285.22, plus interest and penalty 2nd Half Amount Billed: $ 2,285.22 Amount Paid: $ 0.00 Amount Due: $ 2,285.22, plus interest and penalty Assessed Land Value: $ 126,300.00 Assessed Improvement Value: $ 192,000.00 4. Delinquent General Taxes for the year 2012. The first half becomes delinquent after April 30th. The second half becomes delinquent after October 31st. Tax Account No.: 152305917006 Amount Billed: Amount Paid: Amount Due: Amount Billed: . Amount Paid: Amount Due: Assessed Land Value: Assessed Improvement Value: First American Title 1st Half $ 2,272.05 $ 2,272.05 $ 0.00, plus interest and penalty 2nd Half $ 2,272.05 0.00 $ $ $ $ 2,272.05, plus interest and penalty 144,000.00 196,000.00 first American Title First American Title Form No. 1068·2 Commitment No.: 4291-2122508 Page 6 of 10 ALTA Plain Language Commitment 5. Terms, provisions, conditions of the Trust Agreement of The Katherine Y Ury Revocable Living Trust and any subsequent modifications, a copy of which should be submitted to this office for inspection. 6. We note that the Trustee's Deed recorded under Recording No. 20100106001087, by which the vestee herein acquired title, contains an erroneous/incomplete legal description. Said instrument should be re-recorded to correct said description. 7. Reservations and exceptions contained in deed from Northern Pacific Railroad Company: Auditor's File No.: 241250 As follows: Reserving and excepting from said lands so much or such portions thereof as are or may be mineral lands or contain coal or iron, and also the use and the right and title to the use of such surface ground as may be necessary for mining operations and the right of access to such reserved and excepted mineral lands, including lands containing coal or iron, for the purpose of exploring, developing and working the same. 8. Terms and conditions of unrecorded K. C. Survey No. 14-23-5-15 as disclosed by King County assessor's map and by various deeds of record. 9. Easement, including terms and Recorded: Recording Information: In Favor Of: For: First American Title provisions contained therein: May 29,1981 8105290905 Puget Sound Energy, Inc., a Washington corporation Electric transmission and/or distribution system first American Title First American Title Form No. 1068-2 ALTA PlaIn language Commitment INFORMATlONAL NOTES Commitment No.: 4291~2122508 Page 7 of 10 A. Potential charges, for the King County Sewage Treatment capacity Charge, as authorized under RON 35.58 and King County Code 28.84.050. Said charges could apply for any property that connected to the King County 5ewer Service area on or after February 1, 1990. Note: Properties located in Snohomish County may be subject to the King County Sewage Treatment capacity Charges. B. Effective January 1, 1997, and pursuant to amendment of Washington State Statutes relating to standardization of recorded documents, the following format and content requirements must be met. Failure to comply may result in rejection of the document by the recorder. C. Any sketch attached hereto Is done so as a courtesy only and is not part of any title commitment or policy. It is furnished solely for the purpose of assisting in locating the premises and First American expressly disclaims any liability which may result from reliance made upon it. D. The description can be abbreviated as suggested below if necessary to meet standardization requirements. The full text of the deSCription must appear in the document(s) to be insured. PTN SEC 15 TWP 23N RGE 5E NW QTR NW QTR SE QTR, KJNG COUNTY APN: 152305917006 E. All matters regarding extended coverage have been cleared for mortgagee's policy. The coverage contemplated by this paragraph will not be afforded in any forthcoming owner's standard coverage policy to be Issued. F. The following deeds affecting the property herein described have been recorded within 36 months of the effective date of this commitment: NONE Property Address: 4905 SE 2nd Place, Renton, WA 98059 NOTE: The forthcoming Mortgagee's Policy will be the ALTA 2006 Policy unless otherwise noted on Schedule A herein. NOTE: We find no judgments or Federal tax liens against the vestee herein, unless otherwise shown as a numbered exception above. NOTE: A FEE WILL BE CHARGED UPON THE CANCELLATION OF THIS COMMITMENT PURSUANT TO WASHINGTON STATE INSURANCE CODE AND THE FILED RATE SCHEDULE OF THIS COMPANY. Rrst Alnerfcdn TItle First American Title First American Title Form No. 1068·2 ALTA Plain language Commitment CONDITIONS 1. DEFINITIONS (a)"Mortgage" means mortgage, deed of trust or other security instrument. Commitment No,: 4291-2122508 Page 8 of 10 (b) "Public Records" means title records that give constructive notice of matters affecting the title according to the state law where the land is located. 2. LATER DEFECTS The Exceptions in Schedule B • Section II may be amended to show any defects, liens or encumbrances that appear for the first time in the public records or are created or attached between the Commitment Date and the date on which all of the Requirements (a) and (c) of Schedule B • Section I are met. We shall have no liability to you because of this amendment. 3. EXISTING DEFECTS If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may amend Schedule B to show them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing. 4. LIMITATION OF OUR LIABILITY Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its Requirements. If we have any liability to you for any loss you incur because of an error in this Commitment, our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to: comply with the Requirements shown in Schedule B • Section I or eliminate with our written consent any Exceptions shown in Schedule B • Section II. We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is subject to the terms of the Policy form to be issued to you. 5. CLAIMS MUST BE BASED ON THIS COMMITMENT Any claim, whether or not based on negligence, which you may have against us concerning the title to the land must be based on this commitment and is subject to its terms. cc: The Quadrant Corporation cc: Colin T Ury and TIna N Ury first American ntle First American Titl.e First American Title Form No. 1068-2 ALTA Plain Language Commitment First American "¥ I Fust American ntle Privacy Information w. AnI committed to Sllfeguanllng Customer Infonnatlon Commitment No.: 4291-2122508 Page 9 of 10 Rrst American Tltfe Insurance Company 818 Stewart St, Ste 800 Seattle, WA 98101 Phn -(206)728-{)4{)0 (800)826-n18 Fax - In order to better serve your needs now and In the future, we may ask you tD provide us with certain information. We understand that you may be concerned about what we wiU do with such Information· particularly any personal or flrlanclal information, We agree that you have a right to know how we will utllile ltII! personal information you provide to us. Thefefore, together with our subsidiaries we have adopted this PrIvacy Polley to govern the use and handling d your personailnformatlon. Applicability This Prtvac.y Policy governs our use 01 the Informatjon that you provide to us. It does not QOYeI1I the manner In which we may use Infoonation we h!ve oIQIned from NI'f other source, such itS information obtained from ill pUblic record or from another person or entity. Arst ArrIerIc!In hils also adopted broader guidelines that govern our use of personallnformatior\ regardless of Its source. Arst American calls these guidelines Its Fair Information Values. Types of Information Depending upon which of our services you are utilizing, the types 01 nonpubllc personaIlntormatlon that we may collect include: • Information we receive from you on applications, forms and In other communications to us, whether In writing, In person, by ~ or any other means; • Infomwltloo ilIOOut yoor transactions with us, our ilIffilIilIted companies,. Of others; ilIOd • InfOl1Tlilltlon we receive from a amsumer reporting agency. UN of Information We request inft:lrmilItIon from yoo for our own legitimate business purposes and not rrx the benefit d any nonamllated party. Therefote, we will not release your Informilltlon to nonafflilillted parties except: (l) as nec::esSilry for us to provide the product or service you hillVe requested 01 us; or (2) as pemlltted by lilIW. We may, however, stan! $UCh Information indefinitely, Including the period after which any customer relilltlonshlp has ceased. Such Informilltlon may be used for any In!:emilll purpose, $UCh as quality control efforts or customer ilNlysis. We m~y IlIso provide 110 of the types of nonpubl1c personal Information liSted above to one or ITIOIl! d our affiUated companies. SUdI amllated companies Include nrMOdilll service prcMders, sudl as title Insurer5,. property and ClISUaIty Insurers, and trust and Investment advisory comPilinles, or comPilln~ lnvoIved In real estate services, such 115 appraiSilI companies, oome warranty companies and escrow companies. furthermore, we may also provide all the Information we mIIect. as desaIbed above, to companies that perform marteting services on our betwllf, on betwllf 01 our affiliated c:ompanles or to other finandaj Institutions with whom we or our affiliated companies have }OInt marketing agreements. Fonner' CustollMll"II Even If you are no longer our customer, our Privacy Policy will continue to apply to you. COnfidentiality and Security We wiD use our best etrort:s to ensure that no unauthortZed partles hive access to any of your Information. We rest:rIc:t access to nonpubllc personal Information about you to those Indlvkluals lind entitles who need to know that Information to provide products or services to yoo. We will use our best efforts to train and ovesee our empkryees and agents to ensure that your information will be handled responsibly and In aa:ordance with this Privacy Policy and Rrst Ameflcan's Fair Information Values. We C\lrrently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonp!A)lIc p«nonallnfoonatlon. Infomtetton Obtained Through Our Web Slt8 Arst AmerIcan Ananclal Corporation is sensitive to privacy Issues on the Internet. We believe It is important you know how we treat the Information about you we receive on the Internet. In general, you can visit Arst American or Its affiliates' Web sites on the WoOd Wide Web without telling us who you are or revealing ilIny Information about yourself. Our Web servers collect the domain names, not the e-milIIl addresses, d visitors. This Informatlon Is &\l!lregatecl to measure the number d visits, average time spent on the site, pages YIewed and slmilar information. Rrst An1erIaIn uses this Information to meillsure the use of our site and to develop ideas to Improve the content 01 our site. There ate times, however, when we may need iIlfonnilItlon from you, such as your name and email address. When Information Is needed, we will use our best efforts to let you know at the time of collection how we will use the personal Information. Usually, the personal Information we coiled: Is used only by us to respond to yoor Inquiry, process an order or allow you to ilICI:eSS spedfIc account!pI'Oflle Information. If you choose to shllre any personallnformallon with us, we will only use It in accordance with the poIlcIes outlined above. BusInea Relationships Rrst Atnerican FInan:IilII COfporatlon's site and Its affiliates' sites may contain links to other Web Sites. WhIle we by to link only to sites that share our high standards and respect for prtvacy, we are not responsible: for the content or the prtvacy practices employed by other 5Ite5. CooId .. Some of Arst American's Web sites may ma\(e use or "tookle" technology to measure site activity and to customIZe Information to your personal tastes. A c:ooIde Is ilIn element d data thilIt a web site can send to your browser, which may then 5tote the oooIde on your hard drive. ~ uses stored oookles. The goal or this technology Is to better serve yoo when visiting our site, save you lime when you ate here and to provide you with I ITIOIl! meaningful and productive Web site experience. Fair Informlltion Yalues Falmea: We conslder consumer exped:ZItlons about their prtvacy In all our businesses. We only offer products and services that assure a favorable balance between consumer benefits and consumer """". Public Record We believe that an open public record creates significant value for society, enllances consumer choice and creates consumer opportunity. We actively support an open public record and emphasize Its Import:ana! and contribution to OUt economy. Use We believe we should behave responsibly when we use Information about a consumer in our business. We will obey the laws governing the collection, use and dissemination of data. Accuracy We wUI take reasonable steps to help assure the IKDJracy of the data we rolled, use and disseminate. Where possible, we will talce reasonable steps to toITect Inaccurate Information. When, as with the public record, we cannot correct inacaJl'IJI:e Information, we wiD take all re.astlnillble steps to assist consulf'leB In identifying the source of the erroneous data so that the consumer can secure the required corrections. education Wa endeavor to eduClIte the users d our products and services, our empbvees and others in our Industry about the Importance 01 consumer privacy. We wi~ instruct our employees on our fair information values and on the responsible collection and use of data. We wiD encourage others in our Industry to coiled: ilIOd use information In ill responsible manner. Security We wID maintain appropriate facilities and systems to protect against unauthorized access to and COInJptIon of the data we maintain. Form 50-PRIVACY (8/1109) Page 1 of 1 Privacy Infonnation (2001-2010 Arst American Anandal Corporation) first AmerIcan Title First American Title --------------------- First American Title Form No. 1068-2 ALTA Plain Language Commitment --------------------- Commitment No.: 4291-2122508 Page 10 of 10 FIRST AMERICAN TITLE INSURANCE COMPANY Exhibit itA" Vested Owner: COUN T. URY AND TINA N. URY, HUSBAND AND WIFE Real property in the County of King, State of Washington, described as follows: PARCEL A: THAT PORTION OF THE WEST HALF OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 15 TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M. RECORDS OF SAID COUNTY. LYING EASTERLY AND NORTHEASTERLY OF EASTERLY AND NORTHEASTERLY UNE OF 138 AVE. S.E. AN EXTENSION AS SHOWN ON KING COUNTY SURVEY NO: 14- 23-5-15 LESS COUNTY ROADS BUT EXTENDING THE EXTENSION OF 138'" AVE S.E. PARCEL B: THAT PORTION OF THE NDRTH 368 FEET OF THE WEST HALF OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER DF SECTION 15 TOWNSHIP 23 NORTH RANGE 5 EWM LYING WESTERLY OF EASTERLY LINE OF B8TH AVENUE SOUTHEAST EXTENSION AS SHOWN ON K. C. SURVEY NO. 14-23-5-15. PARCEL C: THAT PORTION OF THE WEST HALF OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EAST UNE OF SAID SUBDIVISION WITH THE EASTERLY MARGIN OF B8TH AVENUE S.H. EXTENSION, AS SHOWN ON KING COUNTY SURVEY NO. 14-23-5-15; THENCE WESTERLY PARALLEL WITH THE NORTH LINE OF SAID SUBDIVISION TO THE WEST UNE OF SAID SUBDIVISION; THENCE NORTHERLY ALONG SAID WEST LINE TO THE SOUTH LINE OF THE NORTH 268 FEET OF SAID SUBDIVISION; THENCE EASTERLY ALONG SAID SOUTH LINE TO THE EASTERLY MARGIN OF SAIO 138TH AVENUE S.E EXTENSION; THENCE SOUTHERLY ALONG SAIO EASTERLY MARGIN TO THE POINT OF BEGINNING. Tax Parcel Number: 152305917006 Situs Address: 4905 SE 2nd Place, Renton, WA 980S9 Rrst American rrtle First American Title "T1 @" -f' l~. II ~. ;.; » 2 l06e~ f 0:: . ~'¥.~7 :Ii 6 3 0020 CD N 88-29-12 W IIi ~ :::!. ,Il (") • l/ '" t ~ '" _. :::l -f ~ -q., .. 1.~'l-"1 111081 f ~ : ::! 0010 .:J# ... ~ ". I: -n iD 112. 05 ., -~ •. ~,~36'l'K_S~ __ ... " ; OJ !<A_, n 60.98 5Q.97 Lot t i.lot2 RN P ~UA 64 0' :!!-, - 6625' jl630 ~O.97 ~: -•• e' ": ~' 0' .: 0' ~', 11'. 0, ~: .' ~, 0', ~\ '0, ~. ~ .. ~. ~. ~. ~: ~'. ~. ... +'t.'I', '(">' '- ~'i;> .... 1. 52 9170 # • 50.91: Lot 3 : 146 20~ -, -: 6625. : 0620 : ~~7: ~O.97 :50.97 " Lot4 :LotS 121 62 ..:..00 61 '="59 -60 --: 1::0 58 'l" •• C Lt;A 881202 6625. :6625, 0610 50.91 LOT 1 ,-.~ ;0605 ;50.91 21350 SF 9100 LOT 2 " o ~ 14430 SF 9620' 9620' 0600 0590 0580 ]0526 TRACT A ,-- , z ~I ~i :,: ~ 57 ~. ~ 0 tmOO 9398' ....., 'oo 0570 ~ ... ";>I.~ : 30 eo " LOT 1 m . ~ =. N = '. .;fR.(; 30' , 50 ! .. ···.,drR=I,"'b '"~ - J ,J <0 ;;- ~ ;; .., !J " :J CO " o .., ::: "T1 ~r I\) -» s:: 3 '" CD " , :::! • () (") '" c: en :::l 0 ::! 3 == m CD CD ~ ,. " First American Title 3. VestinQ Deed .-d· :.:.:" ''':' . ·l .. l~' ~l' -... _--_.- "., ........ . '§ j:g := § ~ . . . . ~ , .... . ,', ,"r.a.IJiI ~ 'nl..-.t<1 .... 0'11 ... (ho (',_,,-~( Jill9 • SlI:Ie 0' ··~"'~t· ': nllt pOrtiOI'! of tn. w~n!wllt 0(11' ... "'en'~1f of ,r.!tOr''-lt (l ... 'Ur of .M IIotC .... U ~ .. ~er of the 'kN1h.nl (l>I.ertor of $e,,10II IS. TOWI'Slllo)] 110"". "nge S fu', W.M., ree .. , ... Df uld ,""h. Iyl':l") •• It,'ly .• ~ .. ort ..... '.'I, of the .. "totly "ui ';"'t~"Ufl'11i". of'l38ili'Annue S.l .. " !I";I~'!""" . ,,,,,-_ 111"'9 (OUlU, lU""'Y lito. "'_I)_S_IS. I.en C_t., '0-.11 ~~t •• ',"pl;"'9 .11. eatenl;QII.of 1)81h "w.e ... t.E •. • ,,. .,1 III: T\l1 ;>o ... l: .... dOle Nc)'th lbC fottl of t ... Wen hllf of _.t to • ., of 1M ... !nr:>.ut (l1I.rte, of l"r non ..... 1l .. ~~~r-'I_._._._'_ ... _._, ;~~".::..::~ ~ ~ J t~ Wl;'.'~'ft!li;;1'i. WiShingIDn;~ b-~. , .. ,~,,,.,,,\.. ,04050 = '~\·II.1.I1 .", ,1;' __ ' __ = ~v . ~ 0 , ,,, ~UTE or ''',\.'H1SI:11l', I ,',_1,01 Iti~ ,- (MtloLollorf"V'll"!rlRfti1'd'.t.H-... ,.,i" ... "lll" .~d MI'y (, Mill., " _ ~_ to too t:IIoI iIIIIiYAUl11 !!w.;I .... ill an" ..... , "ft"'''' 1_ .i,1IlIt ~ I~ 1 .. -., ..... Iilborft;dDII,kat lhey ....... _ .. In,l, I ............ w;-n ....... ,'fltllw _ .... ,.....,-. IIIttWt ........ . ':' .... ,~ 5.0'''''' 1968 C'<· . ..,. ~/.,A'.L,;<.... . ,\'., •• ,..6& Jot .,_ , .. 51",,4 ...... ,. .. , ...,.. .. ~ ·;:".:1···. First American Title , 'f) " " ~:>. ~ .. RECEIVED APR 25 2014 CITY Of RENTON PLANNING DIVISION :irst Amy"rican Title irst American Title afVl"'UI " ..... , tU~ for ~'Ord At Reqa.t of I I . , .-. ~o iLk ,V\ ~ ilSr! 1-~ ~,/:t±f<l~~"$±. .• rOiisiK: .171 Hill· ~ ... . . no 4 J8 :'1 Op?CJG ~ ;::: ... .. . ~ .. o o "'" "ORM LS8 81 :tuiory Warranty Deed THE GR.'~T('R '5, :·tARVIS '!. HILl ... r:R and :to\RY E. HILLf:R, 1.is t·~i.ft:. fonnd in coruiJe:atil>rt uf One Thousand !1ine ~:undI"'ed Dollars ~nd !'.o/J. ('10 (81,90'). flO) r---1M fo1knrina: dtstribrd O'lll estate, 5it~ltd m the Counl), of WubinR1on: Kinf, • State of ~ T:1at r, ~rtion 0.: -:he ~,.'~;t :ialf of the :'lest Half of: the .;ort:"1'·l;:!~t :;uartcr 0.: o t'he 1l0rt1"'.~·;est Quarter oJ; the Southeaf!:t Quar-cer of Section 1S, Tt."Nn~::5.,; 23 M :·ort:1., ~a:1.3e S r;;.st, ~'7.i-:., in Ki~ "'; County, Hashin:]'tcn, de$C'!"ibcc. .... 5; -::'"O:lm-lS: :::.: S~·:5.:1:-.ir:: ,~t t)~,c i>ltc.;:osecticm of t~e 'Sa!'lt :..i:1e o~ said suCr:~.v~s~"..,r: ·.;it::,. "7;':.:- r-:::~Gter"l~ .. ::lUr~5.r: 0: 13eth .'\veil.'.\e ~. ?-:. ~:<t~"l<;:7.0":' I "'~ s""!r.···;. !":l:'. ~~5.":'." -:·":.::"t: ... Survey ~;o. 14_23_5_15; Thence ~'!estel'ly ~a:.. ~11el ui"':il t:lf", ~:O!'t11 l~.~e of 'said sU:'divisio:-. to the ':Iest li:"l.'2 of ~aiG. 3ubdivision; th~nce >:o'!'t~-;!"'l:' 3.1on:'2; SR.:i.f ~'rest line to the South L.ne of the ::orth 268 f2et c: s?i.:: ~l!~ :~ivis:'cn; t:-.·~nce :r.:a~tcrly along said Scut~l linp.. to the Za "':erl~' :".l.'~i.r. t,: ~aid 138t:l d.venu~ s. E. extension; tj·,,'!r.ce So;..rth,~!'l:.' -elan:-:'53.~r:! "':;-.::~~"'~.~' ';ilr:-~.:1 "to t~,e :",oi~t c~ Daled thi! day ... ' !)ctol"l:::i.", 1~71. 'In 11' A .ria >A. '\ I~' p I, .... ~.":-:'t~._._l'~nItL) ?n~.'!'.92id~ __ ('''''1 ST."TE nr , .. ASHISCTflS. I ClKlnl), 01 '.:in'" \ ,I . . • OnI~daypen...naI1yappnrerdbttortmt :··A~II .. ~ :'. !·!l:t.LF:~ a:l'i !i';~': ':. ··n.r.:=·:-: .c, .•.. ,~.. • . ''I ~.1o " tbe iadjy~:: .... ,ihtd in ud who "~~lItnt lhe lrilhin '1M I~ .... ft1IMIIl, and ~,,,," ... the:· lipid 11Ie..,.. u th9il' free and WIIUMIlt)' an ud dftod. lor 'M Jii,I....... 'P.'-' ! .... ;.. '. ' . ;;:;';~ -'t : • ;}'~!1t1:N~ ... p..s8lld"''''''I'' ~, .... .,'If October, 1'1.71. \:,... ... ~:! ( ... ~.~_~~ 'm,"7.Mlf.~ .......... . , .... .'. !, ,~ .. ' __ .. \'~4? ,...,., ... N" Ilr 51." _I W.....,,.. ". 'i'" " ,. . ,..;~ .... ., . ...... . ..... "II:., ' First American Title . "'-'-'~ .... ,,,,-,,,, .. -_"i..,,,,,,,,:.",----~,-----------:------------~,-,-,--, " .. ; . . ' .. :.-.. :. :~'·'l..unl~'~·'''' !( '1r\o ",'''. I , ! , I J ; .. ,f"" ;," QUIT·CLAIM DEED (Slalulory Form) Ibt 17 3 1!" ,,1 e' ',HI D"'~'~~~ Rfrrlli1S ~ ~1.E1Y KlIIl'u~ THEGRANTOR{ ) Gr~e ,e ll,{v 01 ~,,??,p So ItC'· -it !If . City 01 S e2i7 Tn4~ . County of ;(IA;' , WSlhlnston, ror and in consideration of fA-A 4t2y1, Oltha p~ QIl/Ort" dtc.L!'. convey._ and qUil.cl8~_ 10 __ ~A":a...<4"-,-7",6'~c"WfL'<"'4A",C ............ Y.",U'",,,o"4?«<", .... "=-_-'U .... (C"-"y'--_ i¥dli £,£,/3, -ol_~~~a2Jl~t~"L-_________ _ In Ihe City 01 to/lttOM . Counly 01 Aj=- all interest in the followlns described Real Eslale: / -rwp RG- 05 BlocK ql10 c.o~t 'i 3,/:z.. B3~/17 110845 REeO F 3.00 LV )I~ o~ 1'1 w Iloj oj? 5.E."~ \..es~ Bej. ~+ N!Ai I J'f 0+ N'lI.N O~ E 138 'l!- CASH5L ...... 3.00 LN Sf) 22 ~ubd I .• MI.. 5e E!/l.T +10, +0 WJ..N e.IY MtHI o~ w\y plIO N 5 D Sobd +1.. o...ve. 5.1> svbd 51> w e·J.c.. STATE OF WASHINGTON. } :-)= __ .•. (ID~I"'daol AckaawlodpJ •• tl ConDly 01 -l'!'£>J,JIA""'_=;:J..._"-<" __ --.,-__ I. '"T1?At>Et..( ", rrrilmne.J! . Nolary Public in and lor the SI.IO 01 Wasbinglon. do hereby cerftIJ that on this ~ day of q8R<JftC y tan per.~&1a11y .ppe .... d bel.ra mo GfpRUE' 71. U/Q.<i to me known 10 be Ih .. indlvld" .. I-d •• " .. Jh .. .J .:;';:Y_h ...... ~I ,J. .. _',).h, , ... Ir,,,n.al DAd IIcknowled8ftd that '1t== IIJped Ihe Dame al ~ I free and voluntary aci and deed tor the UBeI and purposes hereIn mentioned. I ~ --' GIVEN UNDER MY HAND AND OFFICIAL SEAL 1._'')_ '-da 'ol~::;..c..n£.M~~_ 1~ Notary Public In and lor Iho SIOI. 01 Wa.hlnqtoD. re.ldl al 'BeJ~ .ald GouDly. , R :~~' .... ':'.' ~;;"'l!"~.:~~w.:-;~"";Q~r .... ,,-," . .:....:.....11.. : ,.i4·h~;;;:t:._;-.A:U.i,:(~.i.,~t:&:~··· .. (' :;& :1'-~..;. ~~~_ .L,,·.;· First American Title ' .. ---------------------------------------------------------------------------------------------------------------------- First J\.inerican Title ,.:{":~.'1.'~"':. ..... ~ ';r::: .. 1::~~~·:7'!"~'~>""r:·~~~f·#·1¥:~{tR::? .4?<#.~.~L,p .. , "1"~?"'~ J4I~.~ .. ,.? _."f.""'*'*}~,:;v:." ;'_9'''';:.·.fJ",'''.. E(t .. :· • ~Z:~ :.h'-/~'::-:-'(:";J ~._ •. , ._ '. .... . . ~'·r·.5·: ," .. : .. ,,- ,".: . .... '.;; .. ~ - First American Title THE CR.'\!\:TORI of e-{~ ~o .s. County or '( ,.'. ( Ql'IT'CLAIM DEED [SI~llulllry Furm) , • i ,.} .. --MOlWtru 110'12 1993 . F(!7·J~I~.J silualed in Ihe Counly of AI~. . 5",. 0' W.,hinglo •. Daled Ihis ~ day of £:.,.;;,:..,.,,1"''''''<,<--___ , 19J..J. HNIlo:; o~" . Stt,q",;;'3" ; ~ui NCIS:!.,:. "' .. EL Md OS ZI l l~l: AVO SIIII U~Il!l\m" ~ECD F 'riO ::-6 STATE OF WASHINGTON, } County or -,4')1-""''''1;,..-+7'''------------->s. (Iadividual AclmowledlJllMmt) --:;> I, ~,...;. !\1ofarv Public jn and for Ih~ Siale of Washington, do hereby Cf" Ify thill O)l Ihi,~ r_1~ (Ia:\·_~r ·:i' ..... t;;i. ... _·.. , 19.13.. personally appeared before me /'~;d-t--~'" .~'. -.'.-'-" _ 10 me known In he.the i7iVidltl-de'scribed ini"nd whu.-t!l'er.uted the within inl!llrumenl and acknowledged that ~ signed Ihe same as dj .o( free and voluntary acl and deed for the uses and purpnses herein mentioned. GIVEN UNDER MY HAND AND OfFICIAL SEAl. this '! "5 ~ of_.u.;"",~""''''-__ 19B ----" . __ ~~~?£~-~-'~~L'~~~~~~-~~ ~,,', / C) ~:-On:;fin &aid County. Notary Public in ami for Ihf! Siale fir WashinRton, residing al q.JI-'="'''' OooMji.t .... _f f ..... 1 ••• h,"~ .... I .. ~.I HI,.n~ I.". lto'li" ,,~, ,,\ f .. ,m '1, .. ~.~ ,~~ \,"UI.H \HY .... qT W H~:J'H(IIJI '1.~Jl'" IUJIlU: (1M J:'I. ,',\HI I;": .\ .. ~. HJK~ V"'iln~IM'U '-• .:': .. , . ',:: ~' . ,~ I .k_ .. _ .' • .:;. ..I First American Title , • First American Title , . • • Filed ror Rttord .t Request of Katherine Y. U.,. WheD J'HOJ'drd ~turn to NAME ADDRESS CITV.STATF.ZIP Katherine Y. UI')' 14011 SE. 136ih Sb'ilel Renton W A 1,;8)59 __ SPACE ABOVE TillS LINE FOR RECORDER'S USE QUIT CLAIM DEED .' THE GRANTOR, Katherine Y. UI')'. wilhout consideralion, oon\'cys and quit claims (Q THEKATHERlNE Y. URY UVINGTRUST. and thc:inilial trustee. Katherine Y. Ury. the following ~bed real emtc. siluattd in the Coo!'!)" of KINO. Stale of WasbiDgtOO, together y,ith all after acxpiltd tide of the gmnlOr themn; SUBJECl' TO agreements. easements, reservations. restrictions. limitations. exceptions. covenantJ. rights of way and other rights of the public. zoning onfinanc:es, deeds of b'Wts. mortgages. liens., ta.'tCS, assessmenlS and cncumbr.lnces. if any. na"" 1/-1 ,1.'13. . , STATE OF WASHINGfa-l ) ) ", COUNTY OF KINO ) On lhis day appcare..:I befOR: me Ka1hc:rinc Y. Ury lO me kncJa'O to be the individual described in aDd who exccutcd cbc wilhin and flnPRJ if'lSltUlnenl, and actnowledged Ihat be or she siped the same as he or she free and ,'oIunwy act and deal, for the usa and pwposcs tbc:n:in mentioned. _.L/.JI'~da)'of __ (L.JI,--_ ~~~t~~~~~m~N~'~""J1!;~""~"~ic~'~"~':od~fO( lhc Slate of Washingtcn. 1. . My commissioll expires .elO '" • ; .,:~' ~ § . , ~ "J " • r ~ iI .< " .{ ~ .' • ~ ~;J Ii! / ~ • 1; L .'JO . ,L o'o'-t ' "\. ,rf, hli b' - ~ ,o' , •• • ... '<t"- ------------------------------------------- First American Title Lut Sl",K 15-.:1.3-0)' qno Nt.) 1/., • r se II.., L.t.l>~ at.j' ot S..,bd """Ilk Eli 1'1"" EXHIBIT 11. QUIT.CLAIM DtllI IS!.t"'~'r y ....... c.o~t. S« "lJ.,::I. ,5 No.) , , . .r N'. .~ £ eN • • • '-wp t!.?o\ I; .... r. F .:4. ..... ..\. Sb .~ "a~ Q..vl:. I '" ,," .1 Sf .EAT tJ.. ""i pLW N L" SP svbd -to w LN Si> S\,Ibd t"-Sl~ RLG-S. "' ..... ,w .. ~ .......... ,,b <"fUr I? (I.,.~ ,G- 05 .... , ,l.r.~ ~···3.00 " W e. ............. '1: • 'A' ~ :-":':::="::: .••• ""'_" 1;~~_13~ ",SI. ." ... , .... ""'., ...... " ... '""., ...... , ........ ~.,.-...... -~~ I First American Title .... _ ....... _-- • .' .' ,', ". ·-1 • • • .-- ----------------------: ... First American Title 20100106001087.001 ~II~II~ I 1087 AFTER RECORDING RETURN TO: 63.00 J.M. BOUFFARD Attorney at Law . 25028 104'h Ave. SE Kent. W A 98030 Grantor: Grantee: Abbrev. Legal Desc: Assessor's Tax ParcellO #: E2424637 01/06/2010 15,28 KING COUNTY, 1M s.TLAEX $18 . 08 $0.00 TRUSTEE'S DEED PAGE-001 OF 001 Colin T. Ury. Trustee for Katherine Y. Ury Living Trust Colin T. and Tina N. Ury Portion of Section 15 Township 23 North Range 5 East. as Shown on Survey No. 14-23-5-15 15230591702 I. GRANTOR. The undersigned Grantor. Colin T. Ury. is the duly appointed. qualified and acting Trustee of the Katherine Y. Ury Revocable Living Trust (the "Trust"). Grantor is the trustee effective on the death of the Trustor. Katherine Y. Ury on September 01. 2009 pursuant to the Trust terms. Grantor is authorized to settle the Trust without court intervention or supervision. 2. DESCRIBED PROPERTY. Included among the property of the Trust is the Trustor's interest in real rroperty located at 4905 SE 2'd Place. Renton. WA 98059 formerly known as 14011 SE 136' SI. SE. Renton. WA 98059 legally described as follows (the "Described Property"). which was her separate property at the time of death: PARCEL A: THAT PORTION Of THE WEST HALF OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER Of SECTION 15 TOWNSHIP 23 NORTH. RANGE 5 EAST. W.M. RECORDS OF SAID COUNTY. L YING EASTERLY AND NORTHEASTERLY OF EASTERLY AND NORTHEASTERLY LINE Of 138 AVE. S.E. AN EXTENSION AS SHOWN ON KING COUNTY SURVEY NO: 14-23-5-15 LESS COUNTY ROADS BUT EXTENDING THE EXTENSION OF 138'111 AVE S.E. PARCEL B: THAT PORTION OF THE NORTH 368 FT. OF THE WEST HALF OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 15 TWP 23 N. R 5 EWM L YING WESTERLY OF EASTERLY LINE OF I 38TII AVE. S.E. EXTENSION AS SHOWN ON K. C. SURVEY NO. 14-23-5-15 King County Parcel No. 15230591702 First American Title " First American Title -. 20100106001087.002 • 3. CONVEYANCE OF TRUST'S INTEREST IN DESCRIBED PROPERTY, Grantor hereby conveys to Colin T, Ury and Tina N. Ury, husband and wife. any and all trust interest in the Described Property, DATED this l:L day of December. 2009. STATE OF WASHINGTON) ) ss. COUNTY OF KING' ) Colin T. Ury. Trustee bElIe Katherine Y. Ury Revocable Living Trust, and not in his individual capacity On this day, personally appeared before me COLIN T. URY. to me known to be the individual described in and who executed the within and foregoing instrument as Trustee of the Katherine Y. Ury Revocable Living Trust. and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. SUBSCRIBED AND SWORN to before me this --.l!i.. day of December. 2009. First American Title 'First American Title 4. Exception_06_201 001 06001 087 ~ . ... -, AFTER RECORDING RETURN TO: J.M. BOUFFARD Attorney at Law 25028 104'h Ave. SE Kent. W A 98030 E2424637 01/86/2818 1':28 KING COUNTY. L/II 20100106001087.00' S r~EX $10.00 "-$0.08 PAGE-001 OF 001 Grantor: Grantee: Abbrev. Legal Desc: Assessors Tax Parcel 10 #: TRUSTEE'S DEED Colin T. Ury. Trustee for Katherine Y. Ury Living Trust Colin T. and Tina N. Ury Portion of Section 15 Township 23 North Range 5 East. as Shown on Survey No. 14-23-5-15 15230591702 I. GRANTOR. The undersigned Grantor. Colin T. Ury. is the duly appointed. qualified and acting Trustee of the Katherine Y. Ury Revocable Living Trust (the "Trust""). Grantor is the trustee effective on the death of the Trustor. Katherine Y. Ury on September 01. 2009 pursuant to the Trust terms. Grantor is authorized to settle the Trust without court intervention or supervision. 2. DESCRIBED PROPERTY. Included among the property of the Trust is the Trustors interest in real rroperty located at 4905 SE 2 nd Place. Renton. WA 98059 formerly known as 14011 SE 136' SI. SE. Renton. WA 98059 legally described as follows (the "Described Property"). which was her separate property at the time of death: PARCEL A: THAT PORTION OF THE WEST HALF OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 15 TOWNSHIP 23 NORTH. RANGE 5 EAST, W.M. RECORDS OF SAID COUNTY. L YING EASTERLY AND NORTHEASTERL Y OF EASTERLY AND NORTHEASTERL Y LINE OF 138 AVE. S.E. AN EXTENSION AS SHOWN ON KING COUNTY SURVEY NO: 14-23-5-15 LESS COUNTY ROADS BUT EXTENDING THE EXTENSION OF 138 TII AVE S.E. PARCEL B: THAT PORTION OF THE NORTH 368 FT. OF THE WEST HALF OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 15 TWP 23 N. R 5 EWM L YING WESTERLY OF EASTERLY LINE OF 138TII AVE. S.E. EXTENSION AS SHOWN ON K. C. SURVEY NO. 14-23-5-15 King County Parcel No. 15230591702 First American Title ·'First American Title 20100106001087.00: • 3. CONVEYANCE OF TRUST'S INTEREST IN DESCRIBED PROPERTY. Grantor hereby conveys to Colin T. Ury and Tina N. Ury, husband and wife, any and all trust interest in the Described Property. DATED this L.::L day of December. 2009. STATE OF WASHINGTON) ) ss. COUNTY OF KING ) Colin T. Ury. Trustee ~e Katherine Y. Ury Revocable Living Trust, and not in his individual capacity On this day pcrsonally appeared before me COLIN T. URY. to me known to be the individual described in and who executed the within and foregoing instrument as Trustee of the Katherine Y. Ury Revocable Living Trust. and acknowledged that he signed the same as his tree and voluntary act and deed for the uses and purposes therein mentioned. SUBSCRIBED AND SWORN to before me this --L!L day of December, 2009. First American Title ------------------------------------------------------ " First American Title ',;., , , ~ :. I r ! I ! il otWCn of 1;,·'A. JilS 1, ~harp E"mlS She!"p (Sea11 ( .:;eall r; /' .' M31'cll 11,1 go? hy ,1 l,. '" and E '" his ·.'If he,f Harry.Cars'ln Justice of th& ~,'ac" in Ann f<lr Duwa:uish l'reein.:·t ,. Co. tl:e 'l of w. I"&S :It (l.::orl.~~ t·.wn lleed "fled sap W, l\lO2 4:7pm Dated Aug 21. 1902 Con 4100 2U249 VI Ilalllr.1ond Wrl",ht and "r.JllC05 R ':rlr,ht his '.'.'1' .. .,.0 A{;nas Creamer of Georgetown Wn P p do hereb:, "b s e .. ,. C u~ to S Jl ya to her hand 3 tl'o .. ' 9 it in K co,.. 'to-IJ-i t: v' . . T.otr. ~4 1m rI 35 tit R lk 11 ot :Jpraguas Mdn to accdR to th$ ree pll:lt the .'eof Iln fUe 'Sn tile Aud <lrt Ilf ~'op; wl·Qi.· the apps. to h antI' to' h t.he !ld prams, w1 tb the and i;o lu~r r .. "Il.U e r. I .' BowlltsWar thr;'ugh.,r und f p WRai:lmond Wright S. of W ~o 'It K)lIs. . ~;':r8rlc~s ;; wri~iJ ~ lase land '''up; :'10 • .190 2 by W H W'and iI of IV. I'M: at S. A tt 'N ith sosl. l' F "r h>;' .G. "1' Uppal' ~l p' in and F' a;::.==.--:..:;;:::::o::== . "''''===Q=n''==:D==.~I!I!= : ,';.. ... Deed ? 11 .. ti ,lep ,In, I90l'!' 4: 'H;P~'l Dated June 6, 1902.. Con $314(J.' 0 .",," $ of .',;LmeR9,ta co ot Rams ey)Sll. ~u1y 22, 1902 by C ;; N l' Rcu:nfla:/ C·). 11111neRota Att w1tl:l First American Title . .r., • • 196276 (Form 5) Northern Pacific Railway Company Reserving and excepting from said lands such as are now known or shall hereafter be ascertained to contain coal or iron and also the use of such surface ground as may be necessary for mining operations and the right of access to such reserved and excepted coal and iron lands, for the purpose of exploring , developing and working the same. First American Title '------------------- .. First American Title -', " 0 0" 6. Exception 09 8105290905 ':.-,'.-... ', --'-;:.-' . - ':.--:t .-.!Po; • I I!{CORDED T1R; DAY JfJr l' . 256 PH'SI HARVIS M. MILLER & MARY E. MILLER, husband and wife; ATKiNSQtj~~hUsband~ and. w{fe: ,as 'th,err" int~rest ···";:L-;~:~~:;;.ti,~~:'~::::!= f1 . .iranl(>l"'· r:.>r~inl. ",anI5.: ... "Uh\ .. \S .. : .... 1 \\"arlanb t .. Pt:Ct:T SOt:XD POWEM 1 ~ ',I:ltaliun I~"r.lnl"'-"· iwr.-jnl. fo. ,"h.: 1'1l'1~"".s h .. r:';~,h.'r .... , r"r.h • .I IM>f'[~'fIlal ~,lS<."m"n! IInd~r. ~ and Q\,~f the rol· m 0 tr-w ~ 'N .. ..., 0 "" 1oo."1A.o! d<,scrih.,-": "'Lll'f'I'l' .. r'~ [lh.-··I·rup.:rt~·· h~'fI:ini . ~ .~~n_q ___ t;'IU.nIy.l.\',llIhin,ron. The south 260.11 feet of the West 1/2 of the W~st "1/2 and the East 1/2 of ~.he West 1/2 o~ the Northwest 1/4 of the Northwest 1/4 of the SOutheast 1/4 of section' '~5, Township 23 dQcth .. tta:nge S t:as~. W.N.; s.i.i.;.ua.t.t;: -.ti, Killg County, Washington; Being. Lot~ 1. 2. 3 and Tract ·X" of· proposed" s~c~t Plat No. 9Q0059R. 81/05/29 RECD'F CASHSL "0905 r_' L.-h' "hh'G "h .' -000000.00 ..... '~ .. pl iL~ m~'y '''~ (It f't\\"1~ So'I ,If! cl"em ranll'f' 11 rI~ ts "r.aU hll eXffln~llIf1M that pnrtion of lhe Property (the ~Righl- of WiI,\"'" h,.r.-inl dMttIl .. ~1 .1<1 rollow': ~~';'~=,"":"~--~~.!':~~~~~.~":"::--==:-::,=·:::-=--::.~uhin:h,\-tmIrmrt!ac:tntdr!17f'";rtrmI!t- 1*"~~~ The nort.· 10 feet of the east 10 fe·et. of the south 260:11 feet of the 'West 1/2 of the West 1/2; AND. the west 30 feet of the north 560 feet of the &ast 1/2 of the West 1/2. 1. Purpose. Gran;,·," !"h"l1 ha\',· th,' ri~hl to ~om:tnct. "I',·roll'". maintain. repair. r~l'lac<~ ~iltl cnlaf!1l'~n undel"!'l'lInd ele-dric ttan~mis..~i"n 3nd/ror .li!ltrih,,'inn ~y$tl'm "1'''.'1 ,m,! untl"1 th,' Riphl.of-\\',lY t('!I,·ther wilh "II neCI!$!i:lrY or ",twenienl "p" puM"nanrM< lh.'r,·ftor. whlrh nM)" inr.llld~ hul ilr,~ ",,' Iimi" .. lln Ih'l foJln\\"in~: "n,l"tp"uunri conllllil~. cables. c:ommunic;lfion Iin,'!J: .\·'H,1t~ .. manhnh·~. s\\itch,·~. and trnn.fnrr.u~r.<: nn!! s'~mi-""rkcl nr .~mlm.-l n1l1''"''''! I:u:iliti~~. FolI'Jwitlj! the ioWal con- .~lro:tll"n "I II~ ladlni,,~. Gr.H1t,·/, !l1;I~' Imm :im~' 1" !in", ,nn~trt":t such ~dditi,," .• 1 r"dlilics as it O;"Y requ' _. %. A~' uranh!r shall ha\'e Ihe ri~ht of acc,l"!'S 'll th" Rl,eht..oI·\\'ay o\"<'r Jnd ac("(l$S the Property toenable Granlt!c 10 exer- cist> iI$ ri~!.!l; hen"andcr. prnvid,"1l.that Gr .• ntr.~ sh,tl! C(lmpcnsal~' Granlnr I", anr dam •• ,."! to tho: PIlIpt'rty caused by tbe tixer- ,.i~e (If S<lilhi.,ht IIf a·~r.,~, 3. ObSIrudiGm: ~pina. Granttlo mil) :rom :imr. to time remove \r,!cs. husbes; or other obstructions \\"ithl~ Ih(; Righi- of·Way anll may le\"pi ant{ ""ade [he Right..of-\\'ay 10 the extent rea$Onabh' neces.<ary to carry out th'l! pUI"(lOSeS!;et forth in para~iJph I he~,~of. pf(ll"illt'fl. tiMt fonowlnll tiny slIch wcrl-. Gr .. nlee shalt 10 the edenl reo5cmaillr p~ilcticabll!, restorl't the Right-of-War 10 Ihe wnoltinn il was immedillidy prirr t~ ~uch work. Following tne installation Gf Gi"antee's underground (ileiillies. Gr.m!"', may undt"rlnk~ lln~' nrriillHr imprnv,mll'lltJ /0 Ihl! IAnd$Capin~ "f the RI~IO(lr-Wa~·. provldeod that no trP.r.s or nlhrr pl~illt~ <!-wl! he·pIHr.,·d Ihp.r'·O!I whkh lI"iol(1II hI' IJnf(·.ls"."dhl~· toxpt:nsinl or ir.1pmtlic.l[ for Grantee \(1 remO\'e and rf!>lnrfl. 4. Graptor's Us.e t'f Right-o(·Way. Grilnt"r re~I'fI'~~ Ih'l ri.~hll0 \(~(' Ih,~ ~i~hlo(}f.Wny ror any purpose not inC'lnsislent wili1 Ihe riwhts hf'r~in }Uanl,~d. pf(lI"iIlNl: th,11 Cr,mlllr shall not Ulilstrur.t nr m;;ifllain "n~' huiJdin!! (lr other structure on the Rlghl- of·\\'ny whkh WillI hi i11l~rf(ln' \\ilh Ih~ l~r:TCi~{l of Inll righ\~ h'~r~in !!ranto'!I: IhlllllO (1iPS',np:. tunnr.ling Of "!h~~ form Clf con- slt\lcthm acth"il,' ~haU ne done un thft Prot""t~· which \\"ould rH~turh Ihnl":()mpaclion or Un(larlli·Gr~n!l't(~· .-aLililiel on Ihr. RiP!I.d-\\'ar. IIi r.nnanl!'l.!r Ihl1 l.1tf!r..lsl'II{l!"Irt /0 Mill fadliti~: IInll Ihnt nn hIJ~li!l.!Uh~tI he done within 15 {eel of Ihe RIRht-of- War· . 5. indemnity. By ilcceptins anll retordlng Ihis ea.-:ement. r;r~m1C<l agrees to indemnifr and hold harmless Cranlor from any aru:! all clabnsfo~ Injuries andlordaml8euaffert:d oy Inr person which m~r b~ caused by Iho Granlee's (rxef(.iJe of Ihe rlihlJ herein granted: pr01\ided. that Gn;nlee sbill nOI be responsible to Grantor for any inluri~ and/or damages 10 any pe;C*Jh r.alJ.'ed b~' lIels or omissions of Grantor. II. Abl!ndDlUDenl. Thl! ri)!hts hr~rdn ~ritnt~t! sh~U rontirlU~ unlil ~"r.h time a~ r.ritnl<t'~ cea~(!~ to ~ISC th(: RI~n: • \\",[1 InT., p,!rio.lnf n\·c f:>J !lIa."s~h·" y'~ars. in \\"hi~h e\'l!nllhis ·,"~·!m"nl ~!l;I!lI~rminill" md aU ri.!lltls herclImler shllU rl!~' .... ;,.111. lor. prodd,·d Ihat nu ilhandrmme:1I .• ;·all hi, d""lm,~j In han· or.c.urrl'1l h)" "'il~un III GranlN1's failure III initi~!ly m.: .. IIII~ fadlitifl~ un Thf" Rlphl ... ,f-\\'~W wilh:·~ .lny lwrind "I lirn" rr(J(ll the da\!" h~rr.,l. 1. Succesl(N"S and /bsip. The ri!l'hlS Itool "h\ij,!"1i"n~ of Ih,· [,,,,I,, .. ; shllil ini:r!' 1<1 Ihn,hcndit of ;!1ld be bIO!'in~ llr}(ln their rfl~l'edi\"(l <'II'.t".llsW~la~~j~,~jJULS. fILED FOR RECORD AT REOUEST OF: 960236 PUGET POWER KJ/44 "EAl ESTArF. D1VJStlj~ '-: .. .' ~ ... -;-;' 235/60 PUGn POWG~ BLDG. BELLEVUE. WASHI~,'OT01. 93:lO9---~ ,[-,~'~" ':';.' ..... 's .u :.....-..... __ .-,-= .. Description: King,HA Document -Year. Month. Day. DocID 1981.529.905 Page: 1 of 2 Order: 19 Comment: First American Title ' .. r , First American Title ~, "~ .. '" --;:' U') o ~ '" o STATE Of" W .. \SHI~G1UX ss co OOUfo,;TY Of . 'King I -On Ihh,' !I'll 1~N\<1I1,111y' ilPP"~Mt Iw·fm., m.' l-l:lrv,i.s .. 1"I. and Mart E:. __ foLi.ll'ri~. _. _________ '. __ to me 1no\\1IIo bt· .n,· in/lid,I'1l1 S _ (i~Til~~1 in illl.i W~l ,''(f'CU!.''] lh,· wit~in ,m.1 f""')l('in,t insPuIMl"t. w acImowIedRed Ihal .they .. ~i)1llt~I'!I>" lI,tnW .t' their ft.·" "n.t \dlltl'.or~· "d _""\ d.",.1 {<lr Ih.' """~ .mll "url"'1"~ Iher"iu menrio ... ~!l. -: ___ ,,-~.;J.._'_ : __ ~:_~~~~,_._, ~L~ .. ~~""":" __ . '~,}I'\f1' Puhlir il: and "If Iht' Stale of W.utUngton .. «,~itlin~ at . __ :.,...· ...... : •. F...: -=--__ ..: ____ . _______ ._...:-. stATE OF\\,:\~111:-':Gm\: s..'> 'COtJ~o-Y:W Ki~g . I r.D11!\"1'Y OF On Ihb day pel"llOnally IIppt'~rml h.>llIrc m,' ---.-------.-----.':-----,,----,--:--c-, III mp. known 10 h,~ the ,indlddual_ d,'~ritl.~ in and who cx~ciIlCillh{lwilhln and rnn')..'oin~ insirumenl. anJ adno\\'ledXed thai ______ !i!)..'rmllh~· !:amI' (IS ______ i",,~ alld \"!llnnt,ll}' ,u'! a;\.! rI, .. 'r! for I:H! UliM ~r1d PlitpOw.!! Iherp.in meotiont'd. . S"/\T~: en-: W.·\S! !I\(~TO.", I " COlJ ..... 'Ty OF I •. _ dJ)" of ._ ._ .. _ .. __ ..... _~ ___ ._. ___ ._ .... 19 ____ • ------_._---_._._---_._--- ~nt,'ry Pu1,1ir. in ;1I~d f~lr Ih(> St:.lt~ "f \\·(lshin~nn. rl'siriil;),! .. 1 . __ •.. _. _____ ' _____________ _ CORPORATE ACKNOWLEDGMENT . HI _. _ , I~:rorc Inc. rhc unrtersi.l:ncd. versonaUy apPeared (lml _. ____ .. .. _______ " .111 me knoil'n 10 ,;p,hp. ______ • ___ ••. _____ ..:._ [lnd .. __ ,____ _ • respecliw,iy. of . ____ . .. __ . Ihp corpnration that e:<ect.lled the foregbing instrumC!lt, anti ni:knm;·1tid},'f'fllh.: !illid iru!rnm'~ntln hI"! th,~ hel' imd \'nlllnl~ry act anrl dc,~d .ir said wrporation. for Ihe uses and purpD$eS therein m"nlitln,~I. arll! I)f! ,~~rh ~la!o11Ih'll .~ __ ... _______ ••. __ ;1It1hnril,!d;Jl .:x"cul~ tile sai,1 inslrllmpnl and Ihallht! ~,,;tl nl(hNI i~ Ih.~ '.nrp,'r<ll" ... ,;,1 "r ~aill r.r,fl'f>r>1ti.lr •. .. ._-_ ......... -'-"-'--'--~ rcsirli"ll at Description: King,WA Document -Year.Nonth.Day.DocID 1981.529.905 Page: 2 of 2 Order: 19 Comment: First American Title First American Pat Fu lIerton (206) 615-3055 pfullerton@flrstam,com To: WestPac Development LLC 7449 W Mercer WAY Mercer Island, WA 98040 Attn: Travis Defoor King County Title Team One Fax No. (866) 904-2177 Jennifer Salas (206) 615-3011 jsalasCflrstam.com Re: Property Address: 5013 SE 2nd Place, Renton, WA 98059 Supplemental Report 3 Rtst American TItle Insurance Company 818 Stewart St, Ste 800 Seattle, WA 98101 Phn -(206)728-0400 (800)826-7718 Fax - Tina Kotas (206) 615-3012 tkotasOfirstBm,com File No.: 4291-2122510 Your Ref No.: QPID-12170 Dated: February 06, 2014 at 8:00 A.M. Commitment/Preliminary Report No. 4291-2122510 dated as of January 07, 2014 (including any supplements or amendments thereto) relating to the issuance of an American Land Title Association Form Policy is hereby modified and/or supplemented as follows: The coverage amount has been amended as follows: Homeowner's Rate with 10% combination discount Extended Owner's Policy: Amount: $749,700.00 Premium: $2,089.00 Simultaneous Issue Rate with 10% combination discount ALTA Extended Loan Policy: Amount: $To Follow Premium: $To Follow Pat Fullerton, Title Officer Page lof 1 Tax: $198.46 Tax: $To Follow RECEIVED APR 2 5 2014 CITY 0:; ;(ENTON PLANNING DIVISION First American Pat Fullerton (206) 615-3055 pfullerton@flrstam.com To: WestPac Development LLC 7449 W Mercer WAY Mercer Island, WA 98040 Attn: Travis Defoor King County Title Team One Fax No. (866) 904-2177 Jennifer Salas (206) 615-3011 jsala$@f1rstam.com Re: Property Address: 5013 SE 2nd Place, Renton, WA 98059 Supplemental Report 2 First American TItle Insurance Company 818 Stewart Sl, Ste 800 Seattle, WA 98101 Phn -(206)728-0400 (800)826-7718 Fax - Tina Kotas (206) 615-3012 tkotas@flrstam.com File No.: 4291-2122510 Your Ref No.: QPID-12170 Dated: lanuary 29, 2014 at 8:00 A.M. Commitment/Preliminary Report No. 4291-2122510 dated as of January 07, 2014 (including any supplements or amendments thereto) relating to the issuance of an American Land Title Association Form Policy is hereby modified and/or supplemented as follows: ' The following paragraph noes). 14 has/have been added to our Commitment/Preliminary Report to read as follows: 14. Easement, including terms and provisions contained therein: Recording Information: 9109240784 For: Ingress, Egress and Utilities Pat Fullerton, Title Officer Page lof 1 First American Title 1. (WA) Commitment 2 .. ::st First American First Amerlt:an TItle InsuranaJ Company 818 Stewart St, Ste 800 Seattle, WA 98101 Phn· (206)728.()4{)() (800)826·n18 Fax· Pat Fullerton (206) 615-3055 pfullertonOflrstam.com ESCROW COMPANY INFORMATION: Escrow Officer/Closer: GAIL RANDALL GRandall@firstam.com First American Title Insurance Company 3905 Martin Way, Ste A, Olympia, WA 98506 Phone: (360)350-6760 -Fax: (866)341-0145 King County Title Team One Fax No. (866) 904-2177 Jennifer Salas (206) 615-3011 jsalasCflrstam.com To: WestPac Development LLC 7449 W Mercer WAY Mercer Island, WA 98040 Attn: Travis Defoor Re: Property Address: 5013 SE 2nd Place, Renton, WA 98059 Second Report first American Title First American Title Tina Kotas (206) 615-3012 tkotasOfirstam.com File No.: 4291-2122510 Your Ref No.: QPID-12170 r-------------------------------------------------~------------------------------------------------------ First American Title Form No. 1068-2 ALTA Plain Language Commitment COMMITMENT FOR TITLE INSURANCE Issued by Commitment No.: 4291~2122510 Page 2 of 10 FIRST AMERICAN TITLE INSURANCE COMPANY Agreement to Issue Policy We agree to issue a policy to you according to the terms of this Commitment. When we show the policy amount and your name as the proposed insured in Schedule A, this Commitment becomes effective as of the Commitment Date shown in Schedule A. If the Requirements shown in this Commitment have not been met within six months after the Commitment Date, our obligation under this Commitment will end. Also, our obligation under this Commitment will end when the Policy Is Issued and then our obligation to you will be under the Policy. Our obligation under this Commitment is limited by the following: The Provisions in Schedule A. The Requirements in Schedule B-1. The General Exceptions and Exceptions in Schedule B-I1. The Conditions. This Commitment is not valid without Schedule A and Section I and II of Schedule B. Pat Fullerton, ntle Officer First American ntle First American Title First American Title Form No. 1068·2 ALTA Plain language Commitment SCHEDULE A 1. Commitment Date: January 07, 2014 at 7:30 A.M. Commitment No.: 4291-2122510 Page 3 of 10 2. Policy or Policies to be issued: AMOUNT PREMIUM TAX Homeowner's Rate with 10% Combination Discount Standard Owner's Policy $ 749,700.00 $ 1,330.00 $ 126.35 Proposed Insured: The Quadrant Corporation, a Washington Corporation Simultaneous Issue Rate with 10% Combination Discount ALTA Extended Loan Policy Proposed Insured: To Follow $ To Follow $ 3. (A) The estate or interest in the land described in this Commitment is: Fee Simple (B) Title to said estate or interest at the date hereof is vested in: To Follow $ To Follow SCOTT A. MCMAHILL AND ROBIN FORSYTHE MCMAHILL, HUSBAND AND WIFE 4. The land referred to in this Commitment is described as follows: Real property in the County of King, 5tate of Washington, described as follows: The land referred to in this report is described in Exhibit A attached hereto. First American Title First American Title First American Title Form No. 1068-2 ALTA Plain Language Commitment The following requirements must be met: SCHEDULE B SECTION I REQUIREMENTS ---------------- Commitment No.: 4291-2122510 Page 4 of 10 (A) Pay the agreed amounts for the interest in the land and/or the mortgage to be insured. (B) Pay us the premiums, fees and charges for the policy. (C) Documents satisfactory to us creating the interest in the land and/or the mortgage to be insured must be signed, delivered and recorded: (D) You must tell us in writing the name of anyone not referred to in this Commitment who will get an interest in the land or who will make a loan on the land. We may then make additional requirements or exceptions. (E) Releases(s) or Reconveyance(s) of Jtem(s): (F) Other: (G) You must give us the following information: PART ONE: 1. Any off record leases, surveys, etc. 2. Statement(s) of Identity, all parties. 3. Other: SCHEDULE B SECTION II GENERAL EXCEPTIONS A. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. B. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. c. Easements, claims of easement or encumbrances which are not shown by the public records. D. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. E. (A) Unpatented mining claims; (B) Reservations or exceptions in patents or in Acts authorizing the issuance thereof; (C) Water rights, claims or title to water; whether or not the matters excepted under (A), (B) or (C) are shown by the public records; (D) Indian Tribal Codes or Regulations, Indian Treaty or Aboriginal Rights, including easements or equitable servitudes. F. Any lien, or right to a lien, for services, labor or materials or medical assistance heretofore or hereafter furnished, imposed by law and not shown by the public records. G. Any service, installation, connection, maintenance, construction, tap or reimbursement charges/costs for sewer, water, garbage or electricity. H. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof, but prior to the date the proposed insured acquires of record for value the escrow or interest or mortgage(s) thereon covered by this Commitment. First American Title First American Title First American Title Form No. 1068·2 ALTA Plain Language Commitment PART TWO: SCHEDULE B SECTION II EXCEPTIONS Commitment No.: 4291-2122510 Page 5 of 10 Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction. The printed exceptions and exclusions from the coverage of the policy or policies are available from the office which issued this Commitment. Copies of the policy forms should be read. 1. Lien of the Real Estate Excise Sales Tax and Surcharge upon any sale of said premises, if unpaid. As of the date herein, the excise tax rate for the City of Renton is at 1.78 %. Levy/Area Code: 2142 2. General taxes and assessments, if any, for the year 2014, in an amount not yet available, which cannot be paid until the 15th day of February of said year. Tax Account No.: 152305920109 Assessed Land Value: $ 189,000.00 Assessed Improvement Value: $ 176,000.00 Note: Taxes and charges for 2013 were paid in full in the amount of $4,694.87. 3. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: Scott A. Mcmahill and Robin Forsythe Mcmahill, husband and wife Grantee/Beneficiary: crx Mortgage Company Trustee: Pacific Northwest Title Company Amount: $119,000.00 Recorded: March 30, 1999 Recording Information: 9903302090 We note that said Deed of Trust contains an erroneous legal description. If said Deed of Trust is not released in connection with this transaction, it should be re-recorded to correct the legal description. According to the public records, the beneficial interest under the deed of trust was assigned to Fleet Mortgage Corp. by assignment recorded January 04, 2000 as 20000104000186 of Official Records. 4. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: Scott A Mcmahill and Robin Forsythe Mcmahill, husband and wife Grantee/Beneficiary: Trustee: Amount: Recorded: Recording Information: First American Title Washington Mutual Bank, a Washington Corporation Pacific Northwest Title, a Washington Corporation $115,000.00 August 11, 2003 20030811002415 First American Title First American Title Form No. 1068·2 ALTA Plain Language Commitment Commitment No.: 4291-2122510 Page 6 of 10 5. Reservations and exceptions, including the terms and conditions thereof: Reserving: Minerals Reserved By: Northern Pacific Railroad Company Recorded: Undisclosed Recording Information: 241250 We note no examination has been made regarding the transfer or taxation of the reserved rights. 6. Any and all offers of dedication, conditions, restrictions, easements, fence line/boundary discrepancies, notes and/or provisions shown or disclosed by Short Plat No. 280031 recorded under recording number 8008040570. 7. Easement, including terms and provisions contained therein: 8. Recording Information: 8605301240 For: Drainfield Easement, including terms and Recorded: Recording Information: In Favor Of: For: provisions contained therein: March 23, 1987 8703230416 Puget Sound Energy, Inc., a Washington corporation Electric transmission and/or distribution system 9. Easement, including terms and provisions contained therein: Recording Information: 9109240783 For: Ingress, egress and utilities 10. Agreement and the terms and conditions thereof: Between: Scott Alan McMahill And: King County Recording Information: 9512280617 11. The terms and provisions contained in the document entitled "Ordinance No. 4612" Recorded: June 21, 1996 Recording No.: 9606210966 12. The terms and provisions contained in the document entitled "Latecomer's Agreement" Recorded: June 06, 2011 Recording No.: 20110606001192 first AmericQn Title First American Title . First American Title Form No. 1068·2 ALTA Plain Language Commitment INFORMATIONAL NOTES Commitment No,: 4291-2122510 Page 7 of 10 A. Potential charges, for the King County Sewage Treatment capadty Charge, as authorized under RCW 35.58 and King County Code 28.84.050. Said charges could apply for any property that connected to the King County Sewer Service area on or after February 1, 1990. Note: Properties located in Snohomish County may be subject to the King County Sewage Treatment capadty Charges. B. Effective January 1, 1997, and pursuant to amendment of Washington State Statutes relating to standardization of recorded documents, the following format and content requirements must be met. Failure to comply may result in rejection of the document by the recorder. C. Any sketch attached hereto is done so as a courtesy only and is not part of any title commitment or policy. It is furnished solely for the purpose of assisting in locating the premises and First American expressly disclaims any liability which may result from reliance made upon It. D. The description can be abbreviated as suggested below if necessary to meet standardization requirements. The full text of the description must appear in the document(s) to be insured. LOT 1, SP NO. 280031, REC. 8008040570, KING COUNTY APN: 152305920109 E. All matters regarding extended coverage have been cleared for mortgagee's policy. The coverage contemplated by this paragraph will not be afforded in any forthcoming owner's standard coverage policy to be issued. F. The following deeds affecting the property herein described have been recorded within 36 months of the effective date of this commitment: NONE . . Property Address: 5013 5E 2nd Place, Renton, WA 98059 NOTE: The forthcoming Mortgagee's Policy will be the ALTA 2006 Policy unless otherwise noted on Schedule A herein. NOTE: We find no judgments or Federal tax liens against the vestee herein, unless otherwise shown as a numbered exception above. NOTE: A FEE WILL BE CHARGED UPON THE CANCELLATION OF THIS COMMITMENT PURSUANT TO WASHINGTON STATE INSURANCE CODE AND THE FILED RATE SCHEDULE OF THIS COMPANY. Rrst American Title First American Title First American Title Form No. 1068-2 ALTA Plain language Commitment CONDITIONS 1. DEFINITIONS (a) "Mortgage" means mortgage, deed of trust or other security instrument. Commitment No.: 4291-2122510 Page 8 of 10 (b) "Public Records" means title records that give constructive notice of matters affecting the title according to the state law where the land is located. 2. LATER DEFECTS The Exceptions in Schedule B " Section II may be amended to show any defects, liens or encumbrances that appear for the first time in the public records or are created or attached between the Commitment Date and the date on which all of the Requirements (a) and (c) of Schedule B " Section I are met. We shall have no liability to you because of this amendment. 3. EXISTING DEFECTS If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may amend Schedule B to show them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing. 4. LIMITATION OF OUR LIABILITY Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its Requirements. If we have any liability to you for any loss you incur because of an error in this Commitment, our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to: comply with the Requirements shown in Schedule B " Section I or eliminate with our written consent any Exceptions shown in Schedule B " Section II. We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is subject to the terms of the Policy form to be issued to you. 5. CLAIMS MUST BE BASED ON THIS COMMITMENT Any claim, whether or not based on negligence, which you may have against us concerning the title to the land must be based on this commitment and is subject to its terms. cc: The Quadrant Corporation cc: Scott McMahill First American Title First American Title First American Title Form No. 1068-2 ALTA Plain Language Commitment First American ~ I Fust American TItle Prfvllcy Infonnetion We AN Committed to Safeguarding CUstomer Infonnation Commitment No.: 4291·2122510 Page 9 of 10 Rtst AmtNfcan Title Insuranctl Company 818 Stewart St, Ste 800 Seattle, WA 98101 Phn -(206)72B-0400 (BOO)B26-nlB Fax - In order to better seM! your needs now and In the future, we may IISk you to provide us with certUl information. We under.;tand that you may be concemcd "bout whirt we will do with such information -partIcuIarIv any personal or financial information. We ~ that you have it right to know how we will utilize the personal information you provide to us. Themore. together with our subsidiaries we have adopted this Privacy Porq to govern the use and handling 01 your personal information. Appficability This Prlvacy Policy governs our use 01 the infomtatlon that you provide to us. It does not govem the manner In which we may use Information we have obtained from any other sourt:e, such iI$ IntormitItln obtained from /I publiC record or from another person or entity. Arst Amertcan has also adopted broader guidelines that govern otI' use cI personallnformatlon regardless fA Its source.. FIrst Amerk:an ails these guidelines Its Fair InfonnatIon Values. Types of [nfonn.uon Depending upon which of our services you are utilizing. the types of nonpubllc personal Information that we may collect Indude: • Informatlon we receive from you on eppllc;ation$. forms and In other communications to us, v.tlether In writing, In person. by telephone or any other means; • Information about your trarlSiM:tlons with us, our affiliated companies. or others; and • Information we receive from a consumer ~rting agency. UN of Inform.tiDn We request: Information from you for our own legitimate business purposes and not for the benefit of any nonamliated party. Therefore, we will not release your Information to nonaffiliated parties except: (l) as neteSSilry for us to provide the product or seMee you have requested cI us; or (2) as permitted by law. We may, however, store such Information lncIefInitely, Including the period after which any customer relationship has ceased. Such information may be used for lIny Internel purpose, such liS quality control eff'orts or customer analysis. We may also provide all 01 the types cI nonpublic pefSOf\al Infonnatlon listed IboYe tD one or more d our etfiIIated COITIpenle$. Such efftIlated c:ornpenIes Include flrlmdal service providers. such lIS title insum'I. property iII1d ~Ity Insurers, and trust GOd Investment iXMsory ~ or o:rnpenieS iJWoIyed In real estate setYIces. such liS IPPfillsaI OOInpenles, home warranty companies and escrow COITIpenies. Furthen'nore, we may also provide all the Information we collect, as desaibed lIbove, to compenles that perform martetlng servk:es on our behalf, on behalf 01 our lIffilillted ~nles or to other flnanclal institutions with whom we or our lIffil1lted companies hzlve Joint marlcet!ng agreements . ........ cu.tomeN Even If you i!Ire no longer our custon'Ier, our Privacy Polley wUl contInoe to apply to you. COnfldentillllty .nd Security We will USI! our best efforts to ensurl! that no Ul'IButhorIzed parties have access to any of your Information. We restrict access to nonpubllc pel"SOlUlllnformlitlon ebout you to those IndMdul1s Ind entitles who need to know that InfonMlkln to provide products or services to you. WI! will use our best efforts to train and oversee our employees and agents to ensure that your information will be IlandIed responsibly and In accorcIance with this PrIIIacy Policy GOd Rrst AmerIcan's Fair Information Values. WI! currently maintain physical, eIcctrooic, iII1d procecfural safeguards that comply with fedenll regulations to guard your nonpWDc pMOOaIlnformation. lnfonn.tIon Obtained Through Our Web Site Arst Amerh;an AnanOal CorporatIon Is sensitive to privacy Issues on the Internet. We believe it 15 Important you know how we treat the Inforrnlltlon lIbout you we recetve on the Internet. In general, you can visit FIrst Amer\clln or Its affiliates' Web sites on the World WIde Web without telling us who you are or reveling any Infol'm2ltion lIbout yourself. OUr Web servers collect the domain rwlme5, not the e-mail addresses, clvIsItors. This information Is aggregated to measure the number of visits, ~ time spent on the site, pages viewed and Simller IrIfonnation. firSt AmerIcIn uses this Infoonation to rneIISUre the use d our Site and to develop Ideas to Improve the content of our site. There l1l1I times, however, when we may need Inrorrn,tlon from you, such as your name and email address. When Information Is needed, we win use our best dTorts to let you know lit the time of collection how we will use the petSOIllllnrormation. Usual!v, the personlll information we collect Is used only by us to respond to your Inquiry, process an order or allow you to access speclftc account/profile information. If you choose to share lIny personlll Information with us, we will only use it In ICCOI'dance with the policies outlined above. BusIness ReIIItIonshIPl First Amer1c:an ~I CorporatIon·S Site and its affiliates' sites may contain links to other Web $Ite$. While we try to link on", to sites that shlIre our high standards and respect for privacy, we l1l1I not responsible for the content or the privacy practlces employed by other sites. CooIda Some d Rrst AmerIcan's Web sites may make use cI"cookIe" technology to measure site lIct!vtty lind to customize information to your personal tastes. A cookle 15 lin element of data that ill Web site can send to your browser, which may then store the cookie on your herd drive. ~ uses stored cookies. The goal of this technology is to better serve you when visiting our site, save you time when you are here and to pnMde you with a I1'IClft: meaningful GOd productive Web 5Ite experience. FiIIlr Informlltion V.lues F.lmess We consider consumer expectations about their privacy In all our businesses. We only offer products lind services that lISSIJre a favorable balance between consumer benefits iIInd COI'ISUIT'IeI" """". Public Record We beIiI!ve that MI open public: record aeates s!gnlflcant value for so:Iety, enhances consumer choice and aeates consumer opport1.Inlty. We actively support lin open public record lind emphllSlze its Importance lind contribution to our economy. Use We believe we shouid behave responsibly when WI! use Information lIbout a consumer in Otlr business. We will obey the IlIws governing the collection, use and dissemination of data. Accuracy We will take reasonable steps to help assure the IccuriIICY of the data we collect, use lind dlssemlrwlte. Where possible, we will take reasonable steps to COI'Tect inaccul1lte Information. When, IS with the public record, we cannot correct Inacanate information, we will take all reasoMble steps to assist consumet'S In identifying the source of the emr.eous data .so that the consumer can sean the required corrections. £ducatlon We endelIvor to educate the users of our products III'Id services, our employees lind others In our Industry about the Importance of consumer privacy. We win instruct our employees on our fllrr information values iIInd on the responsible collection and use of data. We will encourage others In our Industry to collect and use tnformlltlon In a responsible mMnef. SecurIty We will malnteln lIpPfQPrtate facilities lind systems to protect: against uMuthor1zed i!ICCIISS to and CO!T\Iptlon of the data we maintain. Form 50-PRIVACY (8/1/09) Page 1 of 1 Privacy Information (2001-2010 First American Financial Corporation) Rrst Amerfcan ntle First American Title First American Title Form No. 1068-2 ALTA Plain Language Commitment Commitment No.: 4291-2122510 Page 10 of 10 FIRST AMERICAN TITLE INSURANCE COMPANY Exhibit "A" Vested Owner: SCOTT A. MCMAHILL AND ROBIN FORSYTHE MCMAHILL, HUSBAND AND WIFE Real property in the County of King, State of Washington, described as follows: LOT 1, KING COUNTY SHORT PLAT NUMBER 280031, AS RECORDED UNDER RECORDING NUMBER 8008040570, SAID SHORT PLAT BEING DESCRIBED AS FOLLOWS: THE EAST HALF OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON. Tax Parcel Number: 152305920109 Situs Address: 5013 SE 2nd Place, Renton, WA 98059 first AmericQn Title First American Title ro..-o.->:" - "Tl [ > 3 CD ~o :::> ~ CD ""'" om'''''' ,2>(>,;.>0 :;; Of :g: ~i L.... kc LLA 881202 t"" ';;6:" 9j~fH ..... ":. ~t .~~,.:~, • "'.'0 0570 S411H ~ t;; 144:!'J ::;~ 962M ~,,20i "'; 3D 30 ,lNfl IJ~T ~ of !'l 1 '~'}.~I 0600 0590 0580 -+';0;6'", :5"i)i_L"~i~~' ~~ ::SJS:: ' 31. .14 ~J.~8 _"..: .... luC.'I:.· _ . W . -=.~=o."-"_-_~_"" ____ ... ";;;.: lOt • ~f.-2~'_-12 W .22(] . "'---.'--l\j) ~"h ~--=--~; Sa-29-!~~ -610 41' P. !.?2L-J'5<.~...., ....--.,.., S.E. 136TH ST.....".-., ~ (') ;'"i -J2','~r } ,~,,==1'.1 -"'00; ~ ~ ;;'~,,:~ .~ ~~"5;:;;::,:on"'" :::::::!6S'~ ~,2.C"-,-;,1."" -~ -lio" I '.~ .. -:~~ ~\: r :"\" 102.1, '';;;~~ 31 14.11·" ... "-'j ~/'''\<;:, ",<;,' e::: 42 ,,,'~;;"; ;; j '\ ~i::O. ;J ,.:; _3t:o~~'·· ~n 6":~ ~"':~<;C;.').>-'.'{:'::::~' • ," ~." ~<'~ : $.;r.,~ • '" \ \ \ 'Jr.-~\ "'" .."C; g',? :~ I ~) !'3~'S-~ lO ""<'< I~. ::z.'''' -! -I~ .... ,'? ;. ~!;:: I .- ",,)./',]1) 23 '", oj'S! <0 JO I~ , '" ~'I::: ''',. g\t:; ',. ~./"JO '::-:.., ~'.~ 29 ""0 13oS1"~ 'o~o 0290 tv' ~;> 'J3 ~'fll ~i:: "~~ 3f.1 l<"L~ "'0 s g c' ., I I I, CD I i; i ~ I I: _ ' I : ", 0 '" , I '_:::> I'" LOT 1 ",,0 ! i ... 1,"2"~ a. I':': ~I ! : .,;,"" :D I '~! i! 28900m I ! i i ;; 9235'8 '":. ~ • I "::1 I':j 21350 SF Ii! ~_ ~! 9100 1 i' i no "'! ! ! I 0)" ~\ 0, "" ", o 'a\ , 0" <, _'. 0' .' ~, ~'. ~" ..... " 0', ~(:~.'. '{-.p • -, ",! 165 1S I ~ I ..:1 S i/(l-29-12 E ! : i JJ :';1 I I <;:: : -I..J I ~ : ;:; i '0 I ! ! " , Q Iii " i <0 ' I : .... '" '" I rv i I !~.., LOT 1 ! c ! i i :2! c ~!:.. .. J l .... j ~ '1 .... 1 01 f c ~.~ '"1"''' -:1 I' ..., ,,,I, , r-0 .,. I~ ~ "~ ~:: j..; 0) 16 6!:;j !~ !~ j] :, ~111 TRACT A III! ttr I'" ",.""......,.:-I..J " . 1._:::; -:.,t ... ~ (;; '-' I·; LOT 2! b:: :';;: nr. 9170 ~~ ' .. "' ~! i jZ z! -I..J . ~~ <oJ: ( :~ ::j S ... !~ 1. 52 BS-29-!:i E ,; gi '"1" f<:; ~: ~ : r:1 1 'I" zi "i ",,,,,,;"; 0 ..... "-!i 'i] ,m,~ ,n' LOT 4 ~I~·<'! "'; ~I iN ~f:t .~ 1 -'" ,,.. ... t ~ o ~ n~61 SF 9221 16~. 11 ai;i::25-'~S -=: 152305 KCSP 800059R LOT 3 '~; o ~ 2150 SF'" 9043 8302011019 71::>al SF 1. 79 A': 9093 10--. -~.:i (; t 152305 9201 -, "" !"" . ! i KCSP280031-1 I 0000040570 I , ' i 'm: LOT 2 :1 i ~! 2.42 AC I i 9066 ! :nSB2 SF i' ! 9216 ~ 4,40 9067 ..!i:!.:.!~~.~!..:_. __ J 165 >59--., ! • m,,, (S,'.'," ~-'~7'/7':' ~6~:';71--1'r-----=:;:::::---a----2r"'L21.,39---;:::::::::::~-'''"- TRACT 2 , .... . ...... 0' ~-\'" '",-~, :. 5f-21-_,1 1~''''< ." -, :!! !il > 3 CD g' :::> ~ CD ...• First American Title 3. VestinQ_9405260879 F" n FOR RECORD AT r~:'~' ........ 'j:' -~MERJCA TInE In:,:, .. 320 lOSth Ave. ,: .; p. O. BOX 149:1 I· Ile!Ievue, WA 8Bt.'W Filed for Record at Rcqucsl of: Escrow Advantage, Inc. ~ AFJ'ER RECORDUIG MAIL TO: Name Address ~itYI Statc Zip !" SCOTT ., Il) llscrowNumbct: 94-2256\1 o Statutory Warranty Deed ~ TIlE GRANTOR JAMES C. IlI\NSON and VOYCE A. lWlSON. husband and vlfo o .,. ::rl Cor IUId io coD.SidetuticQ of TEN DOLLARS AND OTHER GOOD AND VAWABLE CO~SIDERATION iabandpald.colnq'SudWDtrInllIO scon A. KCMAHILL and ROBIN FORSYTHE KCKAlUll.. husband and vifo the foUowing dcsaibcd real eslate, liluatcd iD the County or KING I Slate of Wts.hin3loa: LOT 1 OF SHORT PLAT NO. 280031. ACCORl>ING TO THE SIIORT PLAT RECORDED UNDER KING COUNTY RECORDING NO. 8008040570; E.1(CEPT ALL COAL AND HINERALS AND THE RIGHT TO EXPLORE FOR AND HINE THE SAKE, AS EXCLUDED IN DEED RECORDED UNDER RECORDING NO. 2411.50: SITUATE IN ·THE COUNTY OF KING, STATE OF WASHINGTON. EXHIBIT "A'" ATl'ACHED HERETO Arm MADE A PART HEREOF. Oat~lhlI ~J<~ d.y~!ay.-,/r91 ;#<mre C-&"£e. ~ Jf:. AMES C. HANSON By ______________________ _ STATEOP \lASHINGTON } CoUlllyof :lKU!;NCL~~=====:) SSt By -l) a loiU&.V ~SON ~---------------------- I ccrtitYlball bwwot have S4WradOI)' cvidcocc that JAKES C. HANSON AND VOYCR A. HANSON , HUSBAND ANT! \.lIFE .8I!'--lhc person.. wilo aPPC:lltcd before me, and::aid pcrsou..!..-uwowlcdged that thay ligned this instrument and aeknowlcdge ilto be thoir free and voluntary act for the uses QIId purposes mentioned in lhls instrwncnL Daled: HAy 23RD. 1991, Notary PubUe iD aDd for the Slate or v-~ '0- PATRICE E. PARSONS I. ~~ RE Ei3761D4 D5/26/1994 3702.40 eDBD~~D First American Title First American Title -'- • • '---_ .. ., .... _-;..;..-.. Roservations contained 1n doad fr~ the Nortbern Paoific Railroad company elatect Mdy 2, 1902, under Racording No. 241250, all follow," ReBurving and Qxceptlng trom said lands 80 muoh or ouch"portlona theroof 8D are or lIIay 60 mineral lands or contein aoal or iron, and alao tho usa and tho right and title to the uso of Muoh Burfaco ground aD may be necessary for .lnlng operationa, and the right of aoce88 to auch reserved and axcaptecl mineral landa, including' lands Clontaining coal or iron for the purpose ot exploring, developing and working tfie a8mC'J. AGREEMENT AND TilE ,!,~S IIIID CONDITIONS THBREOF. BE'I'IfSEN • A/ID. DATBDI RECORDED. RI!CORDING 110. , RJlGAJWING. King County Water District no. 90, a muniolca1 oorporation R • R avalopment company December 1, 1967 April 13. 1968 6332265 . Raimbursasent of watsr line construotion coats Basaments, restrictions and reoital sat forth on the face or ahort plat recorded under King county Recording No. 1503030294. Basemanta, reotrictions and recital Bat torth on the taca or short plat r~cordad under King county Recording No. 8008040510. Right to make neceBsa~ slopea for cuta or till. upon property herein described aa granted to Ring county by dead recorded undar Rocording No. 1409230526. EASEMENT AND THB TBRMS AND conDITIONS THEREOF I DISCLOSED BY t PURPOSEs ARCA APPECTBD I InstrUmGnt recorded under Recording No. 8605301240 . Draihfiald Tho South 25 feat UNDERGROUND UTILIT~ BASEIIBHT IIIID THE TERMS ADD CONDITIONS THIlREOF. GRlIHTBBI PURPOSB. ARBA AFFECTED: DATBD' RECORDED. RECORDING NO. : puget Sound Power , ~i9ht company, a Washington oorporation Underground electrio system The Hest 30 feat Karch 3, 19R1" Harch 23. 1987 9103230416 contains covenant prohlbiting struotures over oaid oasement or other aotivity whioh might sndangar the underground systom. EASEHEHT AND TH~. TERMS AND CONDITIONS THERBOF. DISCLOSED BY: PURPOSE. AREA AFPECTED. " ., Instrument recordad 9109240784 IngroDa, agresD and Tho W8H~ 20 teat under Recording No. utilitiee First American Title -" ::',:, ":.~. . " " :'. " First American Title - - , • I ! • :-::..i.':.:: ... '8 ,:; " Rerum To: DCOJtD AID) Ilm'VII' TO I en: IIOJmWa CDlPAIII' 1.0. lOx 1"000, r~ DOCJ Doll •• , TI 71219-9000 Auasor', Patcel Of AcaIUI Number: '152305-'201·0' IlKIuck Igt, bbdI tnd pWOf 1UIion, MWIIIb., &lid I'UlpI FuJIIcpI dcacriptioa loca!I:don PIF :I 2018n021 _________ 1s._4 .... ""' ...... ,. ...... DItII --------- DEED OF TRUST nus DEED OF TRUST ("Security IlIIuwnem") is made on IlCO'l'T A. IIOWIILL AJID IlARCB 2l, un . The: .rantor it ROILIR POIUInBI IIOWItLL BUIIUD AIID WIn ("BomJ'\\"e'"). The UUSICC iI tAcure: ~T 'fI'I'U CODA1ft' un DIIlD .. , ... 'lIOO, 8U.~., IfAIBIIfClfOIf UI01 ("Trwtce"). The beae(ICWy is en lmaT(WD CODAIn' whk:h is O'1anized and eliuina under the laWI of TIll: .fAD 0' DVADA ' and whole address is •• 0. aoz 1"000, DALLAS. TZ 7U19 ('Unda°), Bunower owa La*r _ priWpII JUmof on BUIIDlID 1JDIftDII'l'BOU'.um , 00/100 Oo1lln (U.S. $ 11'. 000.00)' WASHINGTON .sill_Ie F-'r-PNNNfHLMC VPm'ORN INSTIUMItNT r_JNl.". _.Q(CW'A' (9101) ........ um c. .. \ PIp I of' 1aI!iab: ~ 'f;/!!.) VMP MORTGAGE RllMS ·(1IOO~21·1!91 '1111111 First American Title First American TItle -, , - • 201811028 This debe .. evidcnl:ed by 80rT0.et·1 noce daIed !be same dUe as lhiI Security lDIuumcN (·Note"). whIcb provides fOr moodily paymtalI. with !be full rbI. if ftOI paid carliet, due uxI pIyIblc on UR'lL 1, 2021 . Tblt SecuriIy IDIuum£d ICCURI to ~ (a) die repaymeI'II of Ibc debI C¥idenI:ed by dJe Note, wilb mfal, and 11.1 R:QCWIb, eX1enSiom aM modUkatlooa of die Note: (b) the paymml or all GIber 1lImI, wiIb laIm:It, adYuII;:cd Uddu pananph 7 to protect Ibc ICCUrity of tbit Security IQSt:/'umtaI: and (c) Ibc pnfonmnce of Bonower'l COYeIWIII mllIfcemerIJ WIder lhls Security lDIuwnr:m IlId the Note. For Ibis purpoIe, Borrower imwcabIy Jf'IfII:I and COII.VC)'I to Tl'UIlee, in QUIt. wilh po1m' ofllle. die I'olIoIriDa cleacrtbc:d propeny kIcaIed lD II:D'GI CouaIy, W~: LOI' 1. sma ooan 8BOat' .1£1' JnIIUIl 280021. AI 1l8CODm) ODID UCOaDDIGI IIDIIBD 10010U510, lAID 8801tt' ,LA., BamcJ DllCUUD U fOLLOWS, TIm DB1' 8AlI or TD DB'!' BALr or IfOR'l'BDBT guut'Bll or 1'BI lfOaTBWU'l' QVAltTD o. TO Sotrra:U.I'l' QtJAa1'D or S.C"l'Ia. 15, 'NIDIB81' 21 1IOR'l'B, RAItID 5 DB'l' •••••• 1. &DIG COUII'n. WUBDtrlI'OJf. which ha5 the addreu o~ HHa.8OO"l'BU8T 131ft ISmcI. Cityl. WubinaUm •• 05' (ZqI Codej rPropcny A.ddress"); TOGETItER WITH all dx: imptoYcmenlI now or hereafter etceted on the propeny, uxI all r:uemenu. IIPPUnenance" and 8J.1UrCI DOW or hereafter I pan nlllle propefl}'. All replKemr:nlJ and aclditiom 'haJJ also be i covered by this Security lnItrUmCnI. All or the foreloina: IJ referred to in dW Security IlllItrwnent u !he "-." -. BORROWER COVENANTS dill Borrower il lawfully seised of the awe bercby conveyed and hu the ..." rictu to &rant and convey die PropertJ and thai the Property is uneocumbcrcd, c~ for .,.'ncwnbrantCI of O N rctOrd. Borrower wamnIs IlJd will de(~ ,cnr:rally Ihc: title to the Propeny agaiDaI aU r.1aiMI and dcmanda. lubject to any encumbrlnta of n:conl, t? THIS SECURITY lNSfRUMENT comIrines uniform arvenmll for nalional Wle IDd noo-uniform M coYt1WlIi with Iimitcd variations by jurildicUon to comUMe a unironn KWrily inallument C(I'tI:lina leal 0 ..... "'. ~ UNIFORM COVENANTS, Borrower and uDder CO¥CTWlI and liree II foIlO\l": G') I. I'aJmaII of Prtndpd aad IDla'eItl PrepIIymad. _ .... C ..... Borrower ,ball promplly pay when clue cbc prin::i:pal o( and imucli on the ddJc evidmcc:d by !be Note aDd lID)' PfCPIymelll and late charses due under 1be Noll:, 1. FundI (or TUflI and JIIIUI1IDr:t. Subject 10 applicable law or to II .. rinen waiver by Lender. Borrower ,hall pay 10 Unlltl OD the day monthly paymcntl are due under die Nocc. until die Nocc u paid in full. a sum C°Pu!m") for: (I) yearly loCI and aueslmmll whlcb may attain priority GVn' thi. Sccuril)' lDatrwnenl II a lam on !be Property; (b) yearly IcuchoId payments or JfOWXl mil on the Pmpenr. if any; (c) yMY hazard or property i!lIunai:c premiums; (d) yearly flood ~ premiums. il IIJY; ee) yearly monpac inlurance pmniumI. ir any; and (I) any IUII1I payable by Borrower to Lender. in eccordaru with the pmvilkml of paraaraph 8, in lieu of Ibc pI)1lJeDI of morf&IIC illRlrance praniumt, 1'heIe il£ml nrc called "Elc.row 1!mII," I..cDder may, alll11Y time, c:oUccl and bold Funds in an amounI not to elCCCd Ibe mubmIm amauDI I DIIu tor a CcduaUy rdaIed IIIOftIIF loan may rCIflirc for Botrowcr', eJCWW KCOWJl under die: federal Real Etwc ScuIemr:oI Proccduru Al::t of 1974 II ameQkd from time to time. 12 U.S.C.Section 2601 et seq. C"RESM"). unless anotber 11110' that applict ID the FundI iCU alener amoum. If '0, Lender may. at any time, collect and bokl Fwtda In an IIIDInf not Co eJ.Cer:.d the 1cucr amounc. Leader may t.timalC ChI: amoum Df Funds due on die t..i. or eumtIl data and rcuonabk atimatet of upeadi1urc5 or future EK:row IICmI or omerwiK in ICCOtdancc with applicable law. The Fundt .ball be held in 111 inltinnion wbole deposiU an: inlured by a fc:dctaJ qellCY. insuumernaliCY. or entity (iocludina Lender, If l.eDdcr u IlUCh an inlticution) or in ~~ Loan -..afW41 (9101) PIp loU r-"''''' First American Title First American Title -.. • - , 'i , 2018tl028 Buk. Lender sball apply !be Pu:Ddleo paJ die E&crow 1!emS. Lender may rd cJwp Borrower ror holdina: and applyina 1bc fundi, amaWI}' 1DIlyz/nf; !he escrow KC«IDl. or vcril'yina !be delOW 1ImD. unIcu Lender pay. Bonowcr inlerac 011 !be Pu:Dda IDd applicable la_ pcmdlI l.cDdcr to matt; IUCb • cbarJc. However. l.cDdcr may mpre Borrower to pay • me-time c:barac for an tndepmdal real eatidI: lax I'qICniJW ICIYica UICd by I..eDder In CGIIIICdion wilh dliJ loaD, unJeu applk:ab5e II. prorideI odItrwbe. UnJeu; an apcmeuI il n.:Ic or appticable law teqUila latttaIlO be paid. I..cnder shaU ftOC be rr:quired 10 pay 8orrowtr any ilwaI Of c:antbIp on !be PuDIb. Borrower aDd l.cndcr may IIfU in mitiaI. howncr. !bat inseral IhaII be paid on !be Pundt. Ur*r shalJ aiYe 10 Bomnrter. without cbaqc, ID IfIWIIICCOUDCiQI of me fundi, shmrbla c:rcdib aDd debib 10 1bc Puo:b and the purpose ror which each debit to Ihr: Ftmd:I was made. The FWIdI vc pledJed u addttImlllCQQfcy ror aD MnlIUUftd by ddI Steurtry hIstna!n. Ir tbD PImda bdd by LcDda I:ICCCd die tIDf.&IW permiaed 10 be bdd by awlicabk la_, Lender JbaU KCOW'Il to Borrower rot tbc CICCSI fwD in ~ wilb Ibc rcquircmeaIl of JAIIkab&e Ia_. If the IMIUIII 0' Ibc PuD4I held by Lader II aD)' lime is IlOl suMdalllO pay .. &crow lWIII wta. due, l..mder may 10 notify Borrower in writina. and, In I\ICh cue Borrower ,ball pay 10 Lender Ibe III"IOUIII DCCCIW)' to make up !be detic:icncy. Bonower thall mab: up the dt:fieil:aey In no more than lWelve I1IOIKbIy paynaa:. at Lenclcr', 10k disc:.aiOll. Upon paymed. in full of aJllJUI'ftI sr.auc:I by IhiJ Scturity WIlUIIJem, l.adtr dIalI proqKIy reftmd 10 Bonowl:( any Fwxb held by LeDder. If. UI'Idct parqnpb 21. Lender aball xqulR ol"lcillhe Propeny. I.e"r, prior 10 the KqUilltlon or 1IIc", Ibc Propercy,l.bal1apply ID)' Pun:b hdd by l.cIIkr It the lime of ac:quiIition or Ilk u a ctedit q.alnst cbc smm acc:urUI by drlI Sccuri!y lnItrumeIIl. J. AppIk8tIon or r."...... Unlelt applicable law pruvitb OChcrwix. III pII~ ~ived by l.cndcr under panaraplls I ItId 2 IbaII be applied: ftnl, 10 IDY prcpaymcnl clwJe& due under !be NDre; second. 10 amoLIIU payable UDder parI.Ir.ph 2j third,lO irurest due; fourth, 10 priftcipal due; aid !u1.1D any late chatJtl due WIder me Note. 4. c ..... ; ........ Borrower shalJ pay all tala, IIICIIRIenll. cbarJes, finelald iqIoIlliona allribullblc 10 me Propeny which may aaaia priority oYer lbb SecurIty lnstrUme01, IDd Jeucbold paymcoa or IfOIUId renu.lr any, Borrower .hall pay theIe obliplionl in !he mllllEr PRoVided In pmarlpb 2. or Ir not: paid in thai nwmcr, Borrower ,hall pay Ibem on time dlrca!y 10 lbc penon owed ~. Borrower shall promptly funDsh 10 1.c:nder all nattcu or amowu 10 be pOd WIder dliI parqnpb. If Borrower rnaka; due paymulls dire;tJy, Borrower abalI prompdy ftlmI&h to Lender rutlpts ~tna: the paymew. Borrower .hIIl promplJy dbctwae 1ft)' Ilea whkb hat priority ovcr Ihb SecurilY llIIuumenl unless Bonowcr: (I) acrea in wria. to the pI)1IICDI of !he obliprion ICCUfCd by me Iica ia I nwmct' accepblblc 10 Lender; (b) contcIlI In aood ralIb Cbc lien by, or dcfcndllpifllt cmorumclll of tilt tlcn in, IepJ p~ 'Wbid! in tbe Lender', Dpmioa operate 10 prevent !he cnfon:cmelll of Ibc lien; or (e) ICCW'CI from the holder of dII: lien an ",cement UliJfactory 10 Lender lubordiIWina Ihc lien to IhiJ SccuriIY lnslnlfDeDl. It Lender dccenDiotJ !hal any p;u1 of the Prop:r!Y i.J IIIbjec1IO I Iicn whicb may aaaiD priority over lh). !ccurity WCNmCnI, Lender n1IY pw: BorrowI:r I notic:c Idcati1yiJIItbc lien. 9orrowct ahall lllilfy the lien or lake one or more of the ac:doaI Jet fortb above w:l1hiD 10 da)'l of cbc: aivinl or fXIlic.c. 5. Ha:zard or PraptrrJ 11IIUNDH. Bonower dWl bcp the imprcrmncra DOW cxiJdua or herafter c:rcacd on tbI: Property inIwcd qaimt lou by ftR, bawda i1EhMicd within Ibc leml °ulmkd coverqc· arid any other hazarcb. includinl tJoodI 01 floodina. COl whk:b Lender reqUircs innum:e. 11tis insurance IhalI be maimained in me amcwu ItId for fbi! pcriocll Ihat Lcndc:r ~. The insut&tIu curkt ptovlditla !be inawm::e ,ball be dmm by Borrower mb;:C11o lmkr',1QProvaI whic:b sbaD l1li be IWWOOlbly wllhhtld. If Borto'WI:f fail, 10 mamtain COVC:rAlC: dc5cribed abovc, Lender may, at Lender', opdou. obcaln "-Ovcrqc 10 PI'OlCCll.endu·, riaJ'dl in Ihc Property In accor4m:e _lib parqnpb 7. All lnIwm;.c polic:a and renewa1s Ihall III: ICCCplIblc 10 Lender IDd IhaII iJw;1ude I atandard monpac clluac. 1...c.Ixkl IhalJ have tile riaht 10 bold ~ poJ6cicI and mx:wala. If l.eIIIef requita, Borrower shall promptly livc to Lender all rcccipu of paid premiums mt renewal noticca. In Ihc CYtI1I or lou. Borrowcr IhaII live prompt DOIicc to the insunmee carricr and lender. Lender may make proof 01 lou if I'IOC made promptly by Borrowcr. Uale .. Lendct mel Borro'lVC1' ocbctwtse Ip In writiq. insurance: proccedlIlIIalI be applied 10 retlondon or repair of tbc Propcny cI.amqcd. if Ibc ratontioo or rtpaI.r is ctODOIIlicaIly reaalbic and ,.Jofl First American Title First American Title - - • • 201811028 Lender', security UIIIIl 1cssaIcd. If die raIOnWon or repair iI DOl ~ feasible or !..m:Ier', securiry 'MIUJd be icucocd, die loIwDcc pnx:ccd.I IhaU be applIcd 10 It.! ,ums ICCIlRd by tbb Security Inslnllmll. wbedJer or DOl dial b, with any excell pUd 10 BonoMr. If 8otrowa abIDdoDI Ibe Properly, or does DOt a_r widsin 30 days • nock:e from l..cDdcr dIaIlbc imutancc carrier bu otraat to Idtie • cllim,lbrn Lcndtt may c:olIecI1be inIurIzIeo procecdI, I..aIdu ma)' ute tbc prucccdI en n:p&it or restore the Property or 10 pi)' SWld tec:Wcd by dIiJ Security lDsUWDml, _bctbu or ml !beta due. 1bc JO.dIy pc. iod will bepa when cb: nDtice is pm. UIIbI Lc:odcf aDd 8orToffer odII:rwtIo IIfCO ill wridDa. ItIY 'llPlieItkII of procccdI to priIEipIIlhall ml WCDd or poIfpODC !be due tWc or lbc moD!hIy pI)'IDCD&I referred CO in pmpaphs I and 2 or ch:aDp Ibc uraaa of the paymaa. If UDder pananph 21 Lhe Propcny is IC4Uircd by l.mI:kr, Borrower', riatu 10 In)' ........ polka II!d po>CCOdI _ ..... _ " die I'Iaperoy prior .. 1ho _iIldon IhalI ,... 10 Leader to dID "tell of Ibc surmlClCUled by dli.I SecwiIy lB:tnImaII immcd!aIcIy prior to Ibc ICqUiIirion. 6i, 0rtcupmcJ, Pt_. "dew" M,t? IIftl'C ad ProUdIoa or tbt Pf'opertJ; Bcrtowtr'. r.o.n Applicatloat LeatboIdI, Borrower shall occupy, utAbLiall, I0Il usc me Property as ~Cf'1 prirEipal raldela within ,ilty day, after che uecution of thI, Sccumy lP$trummt IDd shall COIIliJIae 10 occupy !be P'roperty u Borrower', principal residence for at Least one year after Ibe date of oc;.cupancy, unlaa Lmder ~ aarcea In writina, whkh consem lbail DOt be unt'CUOfIIb!)' trithbeld, or unIw emrmlinl c:il'CUnDWlCa e&i&l ftdI are beyond Borrower', ambOl. Borrower abaU DOl destroy, dama&e or impiIlbr: Properly. allow tbc Prapeny to deCeTkmll.e, or commit watc on Ibc Pn!pc11y. Bonvwer IhaD be in ddIuIl if In)' forfeiture aon or procccdlna. whether civil or criminal, i, bqun that in ~', aoocl faid! juclamcna could result in f"rfehun: oldie Propeny or othenrise maJeria1I)' ., the lien c:lCIIed by thiI Scc:urity Insttumell or Lender', ICCUriry inImIl. Borrower ma)' cure ,uch • dcflllil and mml*, 1:1 provided In patIIrapb II, by cautina: the KIicm or procccdina to be di,miucd wilb • ruJiDl tIW, In l..e!Ikt', ,oad faith determination. pncludct (orfeicwc of die Borrower'. lrderal iii 1be Ptopeny or 0Ibcr IDIICri&I impairment: of the lien c:ruIed by thiJ Seeurity lnsIrument: or Lellder', aeauily lnccruc. Borrower abaIl abo be in default if Borrower, 4wiDs the loan IPPIicaIJon procell, pve materially (abe or iNlCCUJlle Infomwion or IllICmetll& CO Lender (or failed 10 provide l.c:Ddc:r Iri!b l1li)' material In!onl:Jlljcm} itt ~tlOD with !be loci evidenc:cd by !he Note, illCludin&, buI DOt limiled to, n:praer.wionI conccmiD& Borrower', oc:cupanI:)' or Iht: Prupeny u a prirx:ipal rcsitknce.1f Ibis Security lnslMllelll it on I leasehold, Borrnwer lhall comply wid! iii !be provi,iom of die lease. Jr Borrower ac:qulm ree IitJe to the Propeny, the IcuebolrJ aod the fee title IhaJI no! merle unJesl ~r .. reea to the tnefJer in wrilinl· 1, Procertlon ~ ~'. R ...... In the Property, U Borrower f.ib co perfonn dE c:oveNJU IDd IIIfeemetU c.onlIiDed ill this Sccurll)' lniuumcm, or therc ill Icp] procccdina: that may siJ!lific:amly affcet Under', riJhb in !be Propeny (JUCh U ill procccdina: in banbuptcy, probalt, for condemnation or rorfeilure or to ecroru II .. or RIUIadonI), then J..cndcr may do and pay for wtwcvcr iI octeuaI')' 10 procec:t the value of . the Propcrt)' and Izt*r', riatm In the Propeny. Lender', K1iona may include pI)'l .. any 'WN secured by a lien .micb bas priMIJ over filii Sccuril)' IRitrumcrd, appunn, in coun. payill8 reasonable .nomey,' fut and cllIerinl un me Propcny to mate repairs. AIIhouJb leider l1li)' take ICtion under tN, paraarapb 7 ,Lender doe5 hOI hive to do 10. Any amounQ eIi,burIed by Lender under lhi, patqrapb 7 .baIl bec:omc addilional debt of 80rr0wc:r aec:urcd by ctU. Sa:urity Inttnunml. Unleu Borrower and Lender aaree to OI.Ix:r terms or paymelll. the&e amountt .ball bear inteRIl rrom !he date of di,buraemcm .1 lbc: Note rate IDd Iball be pay.ble. with interest, upon ooticc from l.tndet to Borrower reque.tlina paymenI. s, Mortpp 11IIUI'UCe. rr Lender required mortpp Insurance U ill condition Df making the loan KCUrcd by Ihb Security INlnlJDCnl, Borrower ,hal] pay the vremiurns requIred 10 mainIaln die rnortp&e Insurance in effl';Ct. If, ror any rwon, the mortsase insurance coyerqc required by Lender lapses or c:eues 10 be in cfl'ect, Borrower .ball pI}' !he premiuml required 10 obtIiD c:ovuqc ,ubslandally cquivak1U to the monaqe Insurance Jlft!YkIUIly in el'fecl, at • COIl JUbllIInDaIly equivalent 10 the COlt co Bonowc, 0' me tmf1JaIe insurance preview!), in effecl, from an altenwe mongqe lNurer approved by Lender. I' lubsWllially equivliml mo ....... e inlW'IIEC cove .... e h not: .vailable, Borrow<:r ,hili pay co u:ndc:r eltb Initiall;~ renalNl'''' First American Title First American Title - - , • , . • 201111021 IDOIIIh • sum equal 10 one-cwclftb of die yearly IDDrtpp insunu;c pmnium beio& paid by Borrower when !he ~ covcraae 1I:pIt.d or ccucd to be in cft'e..:t. Lender wiD ICCepl, UIC and main tbcIC paymcnb u a lou ramc in lieu or tIIORpF inIuruce. l.Du teKmI paymau may I» Ioapr be ~. aI cbc option of 'lzI*r. if mor1IIP inIuraDcc covmp (in !be amour.I and (or !be period 1hall.a*1 requires) provided by an ifIIum appawcd by Leudu lIpiD bcconI:I anilabIc m:I it oIIc:alIm. Bonower &!Iall pi)' tbc premiums requited to maiIIIin mortpp imu:r1ftce iD cf'recl, or to provide • Iou raerte, UDliJ !he ~ranem (Of monpae il'lAlnDCC CQds In KCOrdIDcc wilb aay wriUCII qn:cmr:nI t.a.ecn Bomrwa w Lender Of applicable ).a •• 9. IDJpIdton. LencIet or til aamt nay mab: I'CUOftIbIc ermicI upxI md ~ of tbr: Prupaty. ~ IhIU pte Borrower ... II !be lime or Of prior Co au impection .pcei.ryiDJ ruscmbJe Clille for tbc ' .......... 10. CandBn..akln. Tbe procudI of any awud or claim for damate-. direct or ~. in ~ trilh any CODdcmDItioa or oIbcr Iakin& of any part of the Propeny. or (or conveyance In lieu of COI'IdemDldou. are hcrcb)' 1IIIip:d md .ball be paid 10 I.nder. In 1hc emil of • toIaI taldlll of !he Propcny,lhc proceeds IhaII be apphed 10 the sums ICCIlmi by IhiI Securil)' 1nslNl!leDl. wbecbet or DOIIhen due, with ely exuu paklro Borrower, In !he cvera 0(. partial tatin. of !he Property in wbicb the I'ait ~ value: o( dIc Property iJJIrnedWely ~(ore Ihc lakma: iJ cquaI 10 or JRIICr chan die IImwII or !he IUIDI lCCured by d1ia Security WtJUDIeDI idImedIatcly before !he taki..III. unIcII BonGWet IDd Lender Olbcnrile qm: in wriliD8. me tumI ICCURd by lbit Scc"ril)' wtNmeru dIIll be reduced by the «mCIIUJI of che proceeo1i IDIkipticd by the foUowina I'rxtion: (a) !he toraI amtIWIl of !be sums KCUl'cd immcdialdy bcl'orc Ibc wma. c6vicW by (b) die falt marUI: value of dJc PruJ1erIY immediately before the WiDa. Ally baJm;.e .balI be paid Ia 8orrcIwer. In die eYem of a partial caJcinII of the Property in wbich Ihc (air martel value or Ibc Propcny iam:di&Idy hebe the ukina II leu dwI * amouDl of !be .WDI KQlfCd imrDediIldy before me WiQa:. unIcu BorroWer UId Leader Glhcrwilc I&fCC in writiJIa or IlII1eu IPPliublc taw otbcfwiae prorida. tbI: proceedI dIall be applied to the NIN aecured by UU. Security Insuumtm .melber or 001* IUmI are dIeD due, If the Propen)' iI aba'1doncd by Borrower, or if, a&t notice by Lcodet to i\onower lballhc condemnor offm to make an award or Kll1e.claim for dImIaeI, Bonowcr faib 10 relpoIMI I' under wlihin 30 day. after the dale Ihe notice i. givetl, Lender it authorized '" collect and apply me proceedt, II iu option, either '" retlOration or repair of &be Propeny or '" the .WDI ICCUI'cd by this Security lratnune .. , ...t.clher or not !hen ..... UllIu. Lender and Borrower otbcrwile .. ree in writina:, any apptication of proceeclJ to pnncipal .hall not Cltend or poatponc the due date of the tmCIlbIy payments referred to in parlIJrapbl I and 2 or clwlgc !he amounI of Iudl paymetUI, . II. Borrower Not ReIeaedt F~ By Leader Nat. Wmnr, ~lCnIion 01 the lime (or~ or modification of IUI1Of1iuliDn of the IWnI ICCUred by this Security Inslnlmenl aranl£d by Lmkr 10 any auacuor in iDlereal of Borrower IbIJI no! apcnle '" re1c:asc the 'iability of the ori&inal Borro_r or Borrower', cucc:cuon in inleRSt, Lender IhIlI not be required '" commence proceedinp spinsl ~ successor in interal or refuse to e.tend time for paymml or ometwiIc modify amortiuboD of Iht IWI"IS iCCUfCd by Ibi. Scc:utity IftIIIUIDmI by ICUOO of any dcmatId made by &he oriJiDal Borrower OJ Borrower', ,ucccuot1 in !mereu. Any forbearance by l.enIkT in clcrtisinllDY ri&hl or remedy dIallnoc be • 1l"I.iYer or Of preclude Ihc eurcilC of any riahl or remedy. IZ. SUctalOn MCI AIIIpI Bound; IolnI and SneraI UabIDly; CHIpen. Tbc coYCfWIlI and aan:ementJ of ddJ Security tn&tI'U/IIICrII. ,hall bind and beneftl the ItJcceuotS ..-.d assl"", of ~r and BolTlJwcr.lUbjtct to tbc provlalOlll of pmaraph 11, Borrower', COVetWIII and qrccmcntI,ball be}oint and .eVllrai. Any BoI'fOWCl wbo c:o-.ip. litis Security IftitrumnU. bul does not cxecute 1bc Nocc: (a) I. CCJo.ianins Chi. Security IIIIInIInI!nI orIIy to 1DIIfIIIIC. J"'" and come)' 1baI Bomnrcr'. inlmtl in &he Property WIler the terms of Ihb Seoor"y wlfWDCnc: (b) i. not penonally oblipted to pay !be awns ICCwed by WI Security lnsll\llDCDl; and (c) qrecI tbaI Lender 1M IfIY 0Ibtt Borrower mI)' aaree to cXlcDd. modify, rorbear or 11IiIiIII:(3l~ JMI"'" , .. '., .... 'f'-" First American Title First American Title - - • ! • 2018111028 make my .......... rnoc!rri"'" wid!. teprd 10 die (£nn! of !hit Security Imuument or die Nocc wilbJul diaJ Borrower', coracnI, 13. Loa Cba'p. If tile 10m secured by lhb Security InstruIamt is subject 10 • law whicb ICII mniIwm loan cbarlCl. mI thalia. iI flDalJ)' In&eIpreccd 10 Ibal the imcral or ocber loaD cbaraes colkcted or to be collcc:lcd in conncccion wi!h tbt IoID elCCCd lhc pcrmincd limha. !ben: (a) lIlY auth loan charJe shall be reduced by the &mIIUnI nectIW)' 10 rcdDce che cJwae to die pmniued limit: m:I (b) In)' IUI!II already c.lI1ected from Borrower wbk:b cmcdcd permiaed lmall will be refunded to Borrowr:r. Leader may choou: to make lhil refllnd by rMucq Ibc printipi owed under the No&/:! or by maldna • dfrm plI)'mC1U 10 Borrower. If. refund rcducea; princlpaJ. !he reduction will be !tealed u • panial ptqJllYmCIII _hbout any Prep:ilymcOf cbarae under !be Note . • 4. Notka.1ury nocice 10 IIormwer provided Cor in IIIiI Security IJDcrumcnI dutU be JiYUI by ddi.ma, it or by mailina il by flnl clua mail unku applk:able In rcquira UK of ADDCher meIbod. The DOdce IhIll be dittaed co die Property AddtaI or lIlY 0Iher .&IraI Bonower daipllcl by mtke 10 Lender. Any norice 10 Lm:kr &hall be aj¥al by flnl clul mail 10 Lender'. addreu IWed hm:in or any otbu Mktras I..aIder tbiJll&leS by nodce to Bonowcr, AIry oolicc proYidcd for in lhiI 5eaJtl1)' Insuumm .ball be deemed 10 have been aiYen 10 Borrower or I...endrr when,noen II provided in IhiI panartph. IS. GoftraInI L_; smnbftIty. 1bII Sccumy IDlIJUlneDl &haJ1 be 80¥cnxd by federal law am the law of the jutUcUclion in wbkb ch: PropeI1y il 10QIt:d. In 'be evetII dw aD)' provilion or claulc of this Security inluwneac or die NCIII: amflittI willi appUcabIc ra .. , Iuc:It confticI ahaIl noc afhct \Xher pnnrisiom of IhiI Security InIIIWnI:nI or die HOlt wJUcb can be ,Iven etrccl wjthoulthe conflicd,. provision. To this end the prnvitloRl of Ih1I Security Imnumem and the Nocc are declared to be teVmble . • 6. Borrower'. CopJ. Botrnwer IhaJi be: liven one conformed copy of the Naec and or chis Sccurily lnstrwn:nt. 17. Traasfer 01 tbI Propa1J fIT. BaMftdallnterat In Borrower, [f all or any pan of the Propcny Of any inlereal in II is sold or trlDSfured (or If. bmctk:iaI Idmst in 8cIrrn-er is .old or transferred and BorJowtr 0001 a aatuRI penor!) .mbout l.nIde,', prior wriacD COCIICDt, Lendu may. at ill opIion. rapsirc immediaIe payment in full of aJla,mr-teCWtd by lblt Security lnIlJUDmI. Howner. IhlI option .ball DOl be elerciKd by I..cmScr if exercise II ptoblbitcd by re4trallaw u of Ihc _ of Ihi, SecuriIy lDItrumcftI. I( lender eJ.erc:iJcI IhiI opdoa, Lendet aba1l give Borrower notice of IICCCleration. The notice .baII provide a period of 1101 less IhIn 30 day, rtom Ihc date die DOtice il dclivered or mailed ';dUn which Borrower rlMl pay all II1I1lI secured by thiI Security Imtrl.tllX .... If Borrower fails 10 ply Iheae tWIll prior to ~ expiration of chis period. Lender may invoke any remrdicl pcnni~ by thi, Sc:curlty Intrrumeru witOOut further nnlico or demand on Borrower. 18,IIorrowcr', Ri&Id to RtInItatt. If Borrower mccb certain l:OIXiitiotu. Borrower alIali have !be nabt 10 have cnforc:cmem of this Security InstrumenI dbconlialed at any time prior 10 !be arlie, of: Ca) 5 daYI Cor such other period u applicable law may Ipccify for rcinatllcmcnt) before tale of the Propcr1)' purNlllC 10 any power of We cOntained in this ScQuity lnttrument: or (b) enuy of I judamcm cnforcina tho Security InsIlUmCaI. 1'hoK conditions are dial Borrower: (,) pay, Lcodcr aU lums which cbtn would be due under this Security InsUUrrICnt and !be Nole II if no lCCC~ratioo bad occurred: (b) cures any dcrll.l.lt of any IXher covenanu or aarceaw:ntl: (e) pari aU cxpmICI u.:utTCd iD cnforcma this Scc:urity InstnlmCnl, inchxtina. but ootlimitcd IO,reumllb1e attorney,' rees; and (d, takt'l1lICb ICtion u Lender may reuonably I~ire to UlUte thai the lien of tblI Security 1IlIUUJDW, LencSer', riptl in the Propcny and Borrowe,', obliption 10 pi)' the. aumt ICCUred by 1hI. Security inltnamml dWl conlbIoe wdwJacd. Upon rellllwclDCnt by Bomnver. tbis Security lnItrurnent ancIlhe obliptimd aeeurcd hereby IhIJI remain fully effective u ir no acceleration had OCCIIlTcd. Howeyer. thiI ti&IU 10 rcinlwc ,ball DOl apply in Ihc cue: oheceJeratlOll UDder PIfIIJIPb 17. 19, s.)e vi Note; Cbaaat ", LouI Sentcer, The Nole or a paniII ina:reIt in the Note (lOIctber with thil Securi1y Imuumm!:) RII)' be IOId one ur mun: titnn wltballl prior III!Itkz to Bonowv. A .. IDlY reNIl ift a cbqc iD lbc clIl1ty (known U 1M "Loan Senicer")dw c:olIcW mondIIy paymmCs clue UDder Iht NC* and thla Security ImlNmCDl. There abo IDly be ODe or IDOre cbqcs of me Loan S.crvkcr WIlClaIaI to • uJc of the Note. If there 0 • cltatIp or the Loan Sctvkcr. 8cJn'ooweT ,will be liven written I10tkc or the cIwIp in accordance wilh panararb 14 aboye IUd applicable: law.1bc notk.e will ,tate the name IDd add:rcu orebe new l..cIn Serviecr and lhc addreN to wbicb paymeutI ,hould be made. The notice wiU aIIo conWn any 0Ibu information requited by applicable law. Pqo6ofl First American Title First American Title -, , - .' i I • First American Title First American Title - - .' i • 2011t1021 15. RIden to thII Securtty JastrumeDI. If one or mote ridel'l an: euancd bf Bonowct and recorded tosett-:r witb Chit. Security 1mtrumeaI, Ibe COYCGInII and qreemcncs of CIdI such rider ablJ be iDcorpon.tcd inrD IDd Jba1I amend IDd 111pp1emen11be COftDIID and apeemeDII of IhiJ Security lmlftlfbm .. if cbe rider(.) wen: • pm or thb SccurfIy lmfrummI. I""""""""" ">loon § 1-4 Family Ride: BiWftily Pa)'ftDI Rickr Sccoad Home Ridc:r BY SIGNlNG BELOW. BoITowet IUCpCI aod tpeeI 10 the lenm aDd COveaaIU CO!UiDcd in cbiI SecwtIy .laJburned and m lID)' ridatl) ~ by Bornnrn md rmmIed with it. Witnwet: _________ --::-(SW) ........ , __________ ISW) ........ , SHIRLEVk~r~ -.... , c.;~~' NOTARY PUBliC STATE Of WASHINGlON COMMISSION EXPIRES ,--"J-'CUl:..." .:.>002=_-, _________ -::-(SW) ... ~ ______ . _____ (SW) ·Borru-c, (Seal) Pap.ofl First American Title First American Title 5. Exception 03a 20000104000186 = = = ~ = = = <:> <:> ~ Please Return To: eTX MORTGAGE COHPANY P,O. Box 199000, FINAL DOCS Dallaa, TX 75219-9000 0152305-9201-09 201891028 ASSIGNMENT OF UEN TAX ID • The State of WASHINGTON COUNTY OF KINIl 1152305-9201-09 ;zeee01I4eeel88 '""" .. , OF 10' "1'"/2l1li' 11:13 K NO cOUNTY, lolA , Know AU Men by These Presents: That CTX MORTGAGB COMPANY nlfJifl.Jterem by and through its duly authorized officers. hereinafter called transferor. of the County of , State of TBXAS • for and In consideration of .IEt:L\tJJlliQ/JW llQLLARS CASH. AND OTHER VALUABLE CONSIDERATION. 10 it in hand paid by ft.HT MORT6AGt. GORP. hereinafter called transferee, the receipt of whIch is hereby acknowledged, has this day Sold, Conveyed. Transferred, and Assigned and by these presents does Sell. Convey, Transfer, and Assign umo the transferee the hereinafter described indebtedness. AND Transferor further Grants. Sells, and Conveys unto the transferee, all the rights, title, interest, and liens owned or held by the uansferor in the hereinafter descnbed land by vinue of said indebtedness herein conveyed and assigned. TO HAVE AND TO HOLD unto the said transferee, transferee's successors and assigns the following described indebtedness together with all and singular the following mentioned lien and any and all liens, rights, equities, remedies, pnvlleges, titles, and interest in and to said land, which transferor has by vinue of being legal holder and owner of said indebtedness. SAID INDEBTEDNESS, LIENS AND LAND BEING DESCRIBED AS FOLLOWS: One cenain promissory note executed by SCOTT A. MCKAHILL AND ROBIN FORSYTHB MCMAHILL HUSBAND AND ~FB and payable to the order of CTX MORTGAGB COMPANY the sum of $ 119 000 00 dated MARCH 23 1999 payable in momMy installmen'is as therein provided. • ;n and bearing interest and due and Said nOle being secured by Secunty Inslrument of even dale therewith duly recorded in the Public Records of ICmG County, WASHINGTON and secured by the liens therein expressed on the following described lot, tract, or parcel of land lying and being situated in ICING County, WASHINGTON 10 wil! LOT 1, ICING COUNTY SHORT PLAT NUMBBR 280021, AS RBCORDBD 1JNDBR RBCORDING NUMBBR 8008040570, SAID SHORT PLAT BIING DBSCRIBBD AS FOLLOWS I RE: Property Address EXECUTED, IWtCB 14125 SOOTHBAST WASHINaTON 98059 and withou 1999 ~MA MAIDEN on the undersigned, this 2'rd day of en: MORTGAGB COIdPDI! ~~*"""~~~fJBy,~f3<.LIkkl!.01-U~·~0~(J~iwJU;[~·~ __ fa! BROWN WINSLETT DOctIXBHT SIGKBR THESTATEOF fR COUNTY OF DALLAS BEFORE ME, the undersigned, a Notary Public in lind for the State aforesaid, on this day personally appeared BROWN WINSLBTT, DOctJMBNT 8IGN'BR known 10 me to be the person whose name is subscribed to the foregoing instrument and acknowledged 10 me that this person executed the same for purposes and consideration therein expressed, as the act and deed of said Corporation and in the capacity therein stated. Given Under My Hand and Seal of Office this the ~day of MAR~ 1999 CTX040M (012897) First Amertcan Title ,----------------------------------------------------------------- 'First American Title 6. Exception_04_20030811002415 AFTER RECORDING RETURN TO: Wash~ngton Mutual Bank C/O ACS IMAGE SOLUTIONS 12691 PALA DRIVE -MS156DPCA GARDEN GROVE, CA 92841 20030811002415.001 III11 00241 37.11 SECURITY INSTRUMENT COVER SHEET 01-0618-061748621-2 Please pnnt or type Information Document Tltle(s) (or transactions contained therein): 1 Deed of Trust Grantor!Trustor/Mortgagorls) ILast name first, then first name and InitIals) 1 SCOTT A MCMAIIILL 2 ROBIN FORSYTHE MCMAIIILL 3. 4 5 0 AddItIonal names on page __ of document. Grantee/Beneflclary/Mortgageelsl 1. Wash1ngton Mutual Bank Legal Description (abbreViated I.e. lot. block, plat or section, township, range) LOT 1, KING COUNTY SHORT PLAT NUMBER 280031, AS RECORDED UNDER RECORDING NUMBER 8008040570, SAID SHORT PLAT BEING DESCRIBED AS FOLLOWS: THE EAST HALF OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE NOTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE, 5 EAST, W.M., IN KING COUNTY, WASHINGTON; o AddItional legal is on page ___ of document Assessor's Property Tax Parcel/Account Numberlsl 1 152305-9201-09 3 ThIS document prepared by. TYNA EDLIQ 1309 114TH AVENUE BE #302 BELLEVUE, WA 98004 2830 (12..()O) First American Title 2. 4. First American Title 20030811002415.010 0~-06~B-06174B621-2 and/or assessing the value of the Property, and securing andlor repairing the Property Lender's actions can Include, but are not limited to (a) paYing any sums secured by a hen which has pnorlty over this Security Instrument, (b) appeanng In court, and (c) paying reasonable attorneys' fees to protect Its Interest In the Property andlor rights under this Security Instrument, Including Its secured position In a bankruptcy proceeding. Securing the Property Includes. but IS not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, dram water from pipes, ellmmate bUlldmg or other code violations or dangerous conditions, and have utlhtles turned on or off Although Lender may take actIon under thIs SectIon 9, Lender does not have to do so and IS not under any duty or obltgation to do so. It IS agreed that Lender Incurs no liability for not taking any or all actions authorized under thiS Section 9. Any amounts dIsbursed by Lender under thiS SectIon 9 shall become addlttonal debt of Borrower secured by thiS Security Instrument. These amounts shall bear Interest at the Note rate from the date of dIsbursement and shall be payable, WIth such Interest, upon nottce from Lender to Borrower requesting payment. If thIS Security Instrument IS on a leasehold, Borrower shall comply WIth all the provIsIons of the lease If Borrower acqUIres fee tItle to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger In writing. 10. Mortgage Insurance. If Lender reqUired Mortgage Insurance as a condItIon of makIng the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance In effect If, for any reason, the Mortgage Insurance coverage reqUired by Lender ceases to be available from the mortgage Insurer that preViously prOVided such Insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums reqUired to obtBIn coverage substantially equlvafent to the Mortgage Insurance preViously In effect, at a cost substantially eqUivalent to the cost to Borrower of the Mortgage Insurance preViously In effect, from an alternate mortgage Insurer selected by Lender If substantially eqUivalent Mortgage Insurance coverage IS not available, Borrower shall continue to pay to Lender the amount of the separately deSIgnated payments that were due when the Insurance coverage ceased to be in effect Lender Will accept, use and retain these payments as a non-refundable loss reserve In Iteu of Mortgage Insurance Such loss reserve shall be non-refundable, notWIthstandIng the fact that the Loan IS ultImately paId tn full, and Lender shall not be required to pay Borrower any Interest or earntngs on such loss reserve Lender can no longer require loss reserve payments If Mortgage Insurance coverage (In the amount and for the pertod that Lender requires) prOVided by an Insurer selected by Lender again becomes available, IS obtatned, and Lender requires separately deSIgnated payments toward the premIums for Mortgage Insurance If Lender reqUired Mortgage Insurance as a conditIon of makIng the Loan and Borrower was reqUired to make separately deSignated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums reqUired to maintain Mortgage Insurance In effect, or to prOVide a non-refundable loss reserve, until Lender's reqUirement for Mortgage Insurance ends In accordance With any written agreement between Borrower and Lender prOViding for such termination or until termination IS reqUired by Applicable Law Nothing In thiS Section 10 affects Borrower's obligatIOn to pay Interest at the rate prOVided In the Note Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses It may Incur If Borrower does not repay the Loan as agreed Borrower IS not a party to the Mortgage Insurance. Mortgage Insurers evaluate their total risk on all such Insurance In force from time to time, and may enter Into agreements WIth other partIes that share or modIfy their risk, or reduce losses These agreements are on terms and condItIons that are satIsfactory to the mortgage Insurer and the other party (or parties) to these agreements Thase agreements may reqUIre the mortgage WASHINGTON 1S29 (04·01) First American Title Page 9 of 17 First American Title 20030811002415.011 Ol-06l9-061749621-2 Insurer to make payments uSing any source of funds that the mortgage Insurer may have available (which may Include funds obtalnad from Mortgage Insurance premiums). As a result of these agreemants, Lender, any purchaser of the Note, another Insurer, any reinsurer, any other antlty, or. any afflhate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, In exchange for sharing or modifying the mortgage Insurer's risk, or reducing losses If such agreement provides that an affiliate of Lender takes a share of the Insurer's risk 10 exchange for a share of the premiums paid to the Insurer, the arrangement IS often termed "captive reinsurance" Further (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not Increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has -If eny -with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law These rights may Include the right to receive certeln disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically i and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termmation. 11. ASSignment of Mfscellaneous Proceeds: Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall ba paid to Lender If the Property IS damaged, such Miscellaneous Proceeds shall ba apphad to rastoratlOn or repair of the Property, If the restoration or repair IS economically feasible and Lender's security IS not lessenad Dunng such repair and restoration penod, Lender shall have the nght to hold such Miscellaneous Proceeds until Lender has had an opportunity to Inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly Lender may pay for the repairs and restoratIOn In a slOg Ie disbursement or In a sanes of progress payments as the work IS completed. Unless an agreement IS made In writing or Applicable Law requires Interest to be paid on such Miscellaneous Procaeds, Lender shall not be reqUired to pay Borrower any Interast or earnings on such Miscellaneous Proceeds If the restoration or repair IS not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by thiS Security Instrument, whether or not then due, With the excess, If any, paid to Borrower Such Miscellaneous Proceeds shall be applied In the order provided for In Section 2 In the event of a total taking. destruction, or loss In value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by thiS Secunty Instrument, whether or not then dUB, With the excess, If any, paid to Borrower In the event of a partial takmg, destruction, or loss In value of the Property In which the fair market value of the Property Immediately before the partial taking, destruction, or loss In value IS equal to or greater than the amount of the sums secured by thiS Security Instrument Immediately before the partial taking, destruction. or loss In value, unless Borrower and Lender otherWise agree In writing, the sums secured by thiS Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the follOWing fraction: (a) the total amount of the sums secured Immediately before the partial taking, destruction, or loss In value diVided by (b) the fair market value of the Property Immediately before the partial taklOg, destruction, or loss 10 value Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or los8 In value of the Property In which the fair market value of the Property Immediately before the partial taking, destruction, or loss 10 value IS less than the amount of the sums secured Immediately before the partial taktng, destruction, or WASHINGTON 1629 (04.()1) First American Title Page 10 of 17 First American Title 20030811002415.012 01-0618-061748621-2 loss In value, unless Borrower and Lender otherwise agree In writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due If the Property IS abandoned by Borrower, or If, after notice by Lender to Borrower that the OpPosing Party (as defined In the next sentence) offers to make an award to settle a claim for damages, Borrower falls to respond to Lender Within 30 days after the date the notice IS given, Lender IS authOrized to collect and apply the Miscellaneous Proceeds Bither to restoration or repair of the Property or to the sums secured by thiS Security Instrument, whether or not then due ·OpPosing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action In regard to Miscellaneous Proceeds Borrower shall be In default If any action or proceeding, whether ciVil or criminal, is begun that, In Lender's Judgement, could result In forfeiture of the Property or other matenal Impairment of lenderrs Interest In the Property or rights under thiS Security Instrument. Borrower can cure such a default and, If acceleration has occurred, reinstate as prOVided In Section 19, by causing the action or proceedmg to be dismissed With a ruling that, In lender's Judgement, precludes forfeiture of the Property or other material Impairment of lender's Interest In the Property or rights under thiS Security Instrument The proceeds of any award or claIm for damages that are attributable to the Impairment of lender's Interest In the Property are hereby assigned and shall be paid to lender All Miscellaneous Proceeds that 8r'e not applied to restoration or repair of the Property shall be applied In the order prOVided for In Section 2 12 Borrower Not Rele.sed: Forbe.rance By Lender Not a Waiver. ThiS Security Instrument cennot be changed or modified except as otherWise prOVided herein or by agreement In writing Signed by Borrower, or any successor In Interest to Borrower and Lender ExtenSion of the time for payment or modification of amortization of the sums secured by thiS Security Instrument granted by lender to Borrower or any Successor In Interest of Borrower shall not operate to release the liabilitY 6f Borrower or any Successors In Interest of Borrower Lender shall not be reqUired to commence proceedings agamst any Successor In Interest of Borrower or to refuse to extend time for payment or otherWise mOdify amortizatIOn of the sums secured by thiS Security Instrument by reason of any demand made by the onglnal Borrower or any Successors In Interest of Borrower Any forbearance by Lender In exercIsing any right or remedy Including, Without limitation, lender's acceptance of payments from third persons, entltl9S or Successors In Interest of Borrower or In amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy No waiver by Lender of any right under thiS Security Instrument shall be effective unless In writing Waiver by Lender of any right granted to Lender under thiS Security Instrument or of any prOVISion of thiS Security Instrument as to any transaction or occurrence" shall not be deemed a waiver as to any future transaction or occurrence. 13. Joint and Several Liability; Co~sI9ners; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be JOint and several However, any Borrower who co-signs thiS Security Instrument but does not execute the Note (a "co-signer"): (a) IS co-signing thiS Security Instrument only to mortgage, grant and convey the co-slgner's Interest In the Property under the terms of thiS Security Instrument, (b) IS not personally obhgated to pay the sums secured by thiS Security" Instrument, and fc) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations With regard to the terms of thiS Security Instrument or the Note Without the co-slgner's consent Subject to the provISions of Section 18, any Successor In Interest of Borrower who assumes Borrower's obligations under thiS Security Instrument In Writing, and IS approved by WASHINGTON 1 !$29 !04-0 1J First American Title Page 11 of 17 -------------------------- • First American Title 20030811002415.013 01-0618-061748621-2 Lender, shall obtain all of Borrower's rights and benefits under thiS Security Instrument Borrower shall not be released from Borrower's obligations and hability under thiS Secunty Instrument unless Lender agrees to such release In writing. The covenants and agreements of thiS Security Instrument shall bind (except as provided In Section 20) and benefit the successors and assigns of Lender 14 Loan Charges Lender may 'charge Borrower fees for services performed In connection with Borrower's default, for the purpose of protecting Lender's Interest In the Property and rights under thiS Security Instrument, Including, but not limited to, attorneys' fees, property inspection and valuation fees Borrower shall pay such other charges as Lender may deem reasonable for services rendered by Lender and furnished at the request of Borrower, any successor In Interest to Borrower or any agent of Borrower In regard to any other fees, the absence of express authority In thiS Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by thiS Security Instrument or by Applicable Law - If the loan IS subject to a law which sets maximum loan charges, and that law IS finally Interpreted so that the Interest or other loan charges collected or to be collected In connection with the Loan exceed the permitted limits, then (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits Will be refunded to Borrower lender may choose to make this refund by redUCing the prinCipal owed under the Note or by making a direct payment to Borrower, If a refund reduces pnnclpal, the reduction Will be treated as a partlsl prepayment Without any prepayment charge (whether or not a prepayment charge IS prOVided for under the Note) Borrower's acceptance of any such refund made by direct payment to Borrower Will constitute a waiver of any fight of action Borrower might have BflStng out of such overcharge 15 Notices. All notices given by Borrower or lender In connection With thiS Secunty Instrument must be In wrttlng Any notice to Borrower In connection With thiS Security Instrument shall be deemed to have been given to Borrower when maded by fust class mall or when actually delivered to Borrower's notice address If sent by other means. Notice to anyone Borrower shall constitute notice to all Borrowers unless Applicable law expressly requires otherWise The notice address shall be the Property Address unless Borrower has deSignated a substitute notice address by notICe to Lender Borrower shall promptly notify Lender of Borrower's change of address If lender speCifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that speCified procedure There may be only one deSignated notice address under this Security Instrument at anyone time. Any notice to Lender shall be given by dehv8nng It or mailing It by first class mall to Lender's address stated herein unless lender has deSignated another address by notice to Borrower Any notice In connection With thiS Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice reqUired by thiS Security Instrument IS also required under Applicable Law, the Applicable Law reqUIrement Will satisfy the corresponding reqUirement under thiS Secunty Instrument 16. Governing Law; Severability; Rules of Construction. ThiS Security Instrument shall be governed by federal law and the law of the Junsdlctlon In which the Property IS located. All rights and obhgatlons contained In thiS Securtty Instrument Bre subject to any requirements and "mltatlons of Applicable law. Apphcable Law might expliCitly or ImpliCitly allow the parties to agree by contract or It might be Silent, but such Silence shall not be construed as a prohibition against agreement by contract In the event that any prOVISion or clause of thiS Secunty Instrument or the Note conflicts With Applicable law, such confhct shall not affect other prOVISions of thiS Securtty Instrument or the Note which can be given effect Without the conflicting proVISion. WASHINGTON 1529 {04-o11 First American Title Page 12 of 17 · First American Title 20030811002415.014 01-0618-061748621-2 As used In this Security Instrument (8) words of the masculine gender shall mean and Include corresponding neuter words or words of the femInine gender; (b) words In the singular shall mean and Include the plural and vIce versa, and (c) the word "may' gIves sole dIscretIon without any obligation to take any action. 17 Borrower's Copy. Borrower shall be given one copy of the Note and of this Secunty Instrument. 18. Transfer of the Property or a Beneficial IntereSl in Borrower. As used In this Section 18, 'Interest In the Property" means any legal or benefIcIal Interest In the Property, includIng, but not hmlted to, those beneficial Interests transferred In a bond for deed, contract for deed, Installment sales contract or escrow agreement, the Intent of which IS the transfer of title by Borrower at a future date to a purchaser If all or any part of the Property or any Interest In the Property IS sold or transferred (or If Borrower IS not a natural person and a beneficial Interest In Borrower IS sold or transferred) without Lender's prior written consent, Lender may require Immediate payment In full of all sums secured by thIs Securrty Instrument However, thIs option shall not be exercIsed by Lender If such exerCIse IS prohIbIted by Apphcable Law If Lender exercIses thIs optIon, Lender shall gIve Borrower notIce of acceleratIon The notIce shall provIde a perrod of not less than 30 days from the date the notIce IS gIven In accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument If Borrower falls to pay these 'sums prror to the expiratIon of thIs perrod, Lender may Invoke any remedIes permItted by thIs Securrty Instrument wIthout further notIce or demand on Borrower 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of' (8) five days before sale of the Property pursuant to any power of sale contaIned In thIs Securrty Instrument, (b) such other perrod as Apphcable Law mIght specIfy for the termination of Borrower's right to reinstate, or (c) entry of a Judgement enforCing this Secunty Instrument Those conditions are that Borrower: (a) pays Lender all sums which then would be due under thIs Securrty Instrument and the Note as If no acceleratIon had occurred, (b) cures any default of any other covenants or agreements, (c) pays all expenses Incurred In enforCing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property Inspection and va)uatlon fees, and other fees Incurred for the purpose of protectIng Lender's Interest In the Property and rrghts under thIs Securrty Instrument; and (d) takes such actIon as Lender may reasonably reqUire to assure that Lender's Interest In the Property and rights under this Security Instrument, and Borrower's obhgatlon to pay the sums secured by thIs Securrty Instrument, shall continue unchanged Lender may reqUire that Borrower pay such reinstatement sums and expenses In one or more of the follOWing forms, as selected by Lender (a) cash; (b) money order, (c) certIfIed check, bank check, treasurer's check or cashIer's check, provIded any such check IS drawn upon an Institution whose depOSits are Insured 'by a federal agency, instrumentality or entity, or (d) Electronic Funds Transfer Upon reinstatement by Borrower, thiS Security Instrument and obligations secured hereby shall remain fully effective as If no acceleration had occurred However, thIS rrght to reInstate shall not apply In the case of acceleratIon under SectIon 18. 20. Sale of Note; Chenge of Loan Sarvlcer; Notice of Grrevance. The Note or a partial Interest In the Note (together With thiS Security Instrument) can be sold one or more times Without prior notice to Borrower A sale might result In a change In the entity (known as the "Loan Servlcer") that collects Perrodlc Payments due under the Note and thIS Securrty Instrument and performs other mortgage loan servICing obligations under the Note, thiS Security Instrument. and Applicable law. There also mIght be one or more changes of the Loan Servlcer unrelated to a WASHINGTON 11529(0401) First American Title Page 13 of 17 First American Title 20030811002415.015 01-0618-061748621-2 sale of the Note If there IS a change of the Loan Servlcer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servlcer, the address to which payments should be made and any other information RESPA reqUIres In connection With a notice of transfer of servicing If the Note IS sold and thereafter the Loan IS serviced by a Loan Servlcer other than the purchaser of the Note, the mortgaga loan serviCing obligations to Borrower will remain wlth the Loan Servlcer or be transferred to a successor Loan Servlcer and afe not assumed by the Note purchaser unless otherWise provided by the Note purchaser. Neither Borrower nor Lender may commence, jOin, or be jOined to any judiCial action (as either an IndIVidual litigant or the member of a class) that BriSeS from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any prOVIsion of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given In compliance With the requirements of Section 15) of such alleged breach and afforded the other party hereto a raasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period Will be deemed to be reasonable for purposes of thiS paragraph The notice of acceleration and opportUnity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action prOVisions of thiS Section 20. 21. Hazardous Substances. As used In thiS Section 21: (8) "Hazardous Substances" are those substances defined as tOXIC or hazardous substances, pollutants, or wastes by Environmental Law and the follOWing substances: gasoline, kerosene, other flammable or tOXIC petroleum products, tOXIC pestiCides and herbiCides, volatile solvents, matenals containing asbestos or formaldehyde, and radioactive materials, (b) "EnVIronmental Law" means federal laws and laws of the jUrisdiction where the Property IS located that relate to health, safety or environmental protection, (c) "EnVironmental Cleanup" includes any response action, remedial action, or removal action, as defined In Environmental Law; and (d) an "EnVironmental Condition" means a condition that can causa, contribute to, or otherWise tflgger an EnVIronmental Cleanup Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or In the Property Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that IS In Violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) WhiCh, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (Including, but not hmlted to, hazardous substance In consumer products) Borrower shall promptly give Lender wrttten notlO8 of (a) any inVestigation, claim, demand, lawsUit or other 8ctlon by any governmental or regulatory agency or private party involVing the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any EnVIronmental ConditIOn, Including but not limited to, any spilling, leaking, discharge, ralease or thraat of release of any Hazardous Substance, and (c) any conditIOn caused by the presence, use; or release of a Hazardous Substance which adversely affects the value of the Property If Borrower learns, or IS notIfied by any governmental or regulatory authonty, or any private party, that any removal or other remadlatlOn of any Hazardous Substance affecting the Property IS necessary, Borrower shall promptly take all necessary remedial actions In accordance With EnVIronmental Law Nothing herein shall creata any obligation on Lender for an EnVironmantal Cleanup, WASHINGTON 1529 (04-011 First American Title Page 14 of 17 ---------- 'First American Title 20030811002415.016 01-0618-061748621-2 NON-UNIFORM COVENANTS Borrower and Lender further covenant and agree as follows 22. Acceleration, Remedios lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement In this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notlco shall 0pocify: (a) tho default: (b) the action requlrod to cure tho dafault: (c) a date. not less than 30 days from tha date the notice Is given to Borrower. by which the default must be cured: and (d) that failure to cure the default on or before the dete specified in the notice may result In acceleretlon of the sums secured by this Security Instrument and 8ale of the Property The notice shall further inform Borrower of the right to relnstete after acceleration and the right to bring a court action to assert the non~existence of 8 default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date spacifled in the notice. Lender at Its optIOn may require Immediate payment in full of all sums secured by this Security Instrument without further demend and may Invoke the power of sale and any other remedies permitted by Apphcable Law. Lender shall be entitled to collect all expenses Incurred In pursUing the remedies prOVIded In th,s Section 22. Including. but not limIted to. reasonable attorneys' faes and coats of title evidence. If Borrower or any successor In interest to Borrower flies lor has filed against Borrower or any successor In Interest to Borrower) a bankruptcy patltion under Title 11 or any successor trtle of the Unrted Statos Code which prOVides for the curing of prepetitlon default due on the Note, interest at a rate determined by the Court shall be paid to Lender on post·petition arrears. If Lender invokes the power of 8ale, Lender shall give written notIce to Trustee of the occurrence of an event of defautt and of Lender's election to cause the Property to be sold. Trustee and Lender shall take such action regardmg notice of sale and shall give such notices to Borrower and and to other persons as Appncable Law may require After the time required by Applicable Law and after publication and posting of the nobce of .sale. Trustee. without demand on Borrower. shail sell the Property at public auction to the hIghest bidder at the time and place and under the terms designated In the notice of sale In one or more parcels and m any order Trustee datermlnes. Trustee may postpone sale of the Property for a period or periods permitted by Applicable Law by public announcement at the tIme and place fixed In the notice of sale_ Lender or its designee may purchase the Property at any sale. Trustee shall dehver to the purchaser Trustee'. deed conveying the Property WIthout any covenant or warranty, expressed or implied. The recitals In the Trustee's deed shall be pnma facie eVidence of the truth of the statements made therein Trustee shall apply the proceeds of the sale In the following order: (a) to all expenses of the ssle, including, but not limited to, reasonable Trustee's and attorneys' fees, (b) to all sums secured by this Security Instrument: and (c) any excess to the person or persons legally entitled to rt or to the clerk of the superior court of the county in which the sale took place. 23. Reconveyance Upon payment of all sums secured by thiS Security Instrument, Lender shall request Trustee to reconvey the Property and shall surrender thiS Security Instrument and all notes eVIdenCIng debt secured by thIS Security instrument to Trustee. Trustee shall reconvey the Property Without warranty to the person or persons legally entitled to It Lender or the Trustee (whether or not the Trustee " affiliated WIth Lender) may charge such person or persons a fee for reconveymg the Property. but only If the fee IS not prohIbIted by Applicable Law WASHINGTON 1529 (04 011 First American Title Page 16 of 17 -------------------------------------------- 'First American Title 20030811002415.017 01-0618-061748621-2 24 Substitute Trustee. In accordance with Applicable Law, Lender may from time to time appoint a successor trustee to any Trustee apPointed hereunder who has ceased to act Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein and by Applicable Law Trustee may destroy the Note and the Security Instrument three (3) years after Issuance of a full reconveyance or release (unless directed In such request to retain them). 25. Use of Property. The Property IS not used pnnclpally for agricultural purposes 26.Attorneys· fees. Lender shall be entitled to recover Its reasonable attorneys' fees and costs In any action or proceeding to construe or enforce any term of thiS Security Instrument The term "attorneys' fees, n whenever used In thiS Security Instrument, shall Include Without limitation anorneys' fees Incurred by Lender In any bankruptcy proceadlng or on appeal • . , ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, .EXTENp' Cft.EDIT, OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NO;r ENFORCEABLE UNDER WASHINGTON LAW. . BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained In thiS Securrty Instrument and In any Rider executed by Borrower and recorded With It. x PIce. ~14- SCOTT A MCMAHILL WASHINGTON 1529((14011 First American Title Page 16 of 17 • First American Title 20030811002415.018 01-0618-061748621-2 ----------(Space 8elow This Line For Acknowledgment) ----_____ _ WASHINGTON 1529 (0401) First American Title Page 17of17 First American Title AFTER RECORDING RETURN TO: Washington Mutual Bank C/O ACS IMAGE SOLUTIONS 12691 PALA DRIVE -MS156DPCA GARDEN GROVE, CA 92841 20030811002415.002 ----------[Space Above Th,. Line For Recording Date] ---------- PACIFIC NORTHWEST TITLE 540172 DEED OF TRUST 01-0619-061749621-2 DEFINITIONS Words used In multiple sections of this document are defmed below and other words are defined In Sections 3, 11, 13, 18. 20 and 21. Certain rulBS regardmg the usage of words used In this document are also provided In Section 16 IAI "Security Instrument" means thl. document, which I. dated . JUly 30, 2003 together with all Rider. to thl. document (B) "Borrower" 18 SCOTT A MCMAHILL AND ROBIN FORSYTHE MCMAHILL, HUSBAND AND WIFB Borrower IS the trustor under thiS Security Instrument Ie) "Lender" IS Wasbmgton Mutual Bank Lender IS a _______ B"."nllk"-______ _ washington a waah1ngtOD COYpOratlon organized and eXisting under the laws of Lender's address IS 1201 Th1rd Avenue Seattle, WA 98101 Lender IS the benef,Ciary under thiS Secunty Instrument. (D) nTrustee" 19 PACIFIC NORTHWEST TIn.S a WAsh; ngtgn corporatioD lEI "Note" means the promissory note Signed by Borrower and dated Jllly 30, 2003 The Note states that Borrower owes Lender one Hundred F1fteen ThQusand &: 00/100 Dollars (U.S. $ 115,000.00 ) plus Interest Borrower has promised to pay thiS debt '" regular Penodlc Payments and to pay the debt In full not later than september 1 1 2033 (F) "Property" means the property that IS deSCribed below under the heading "Transfer of Rights In the Property. n (GI "Loan" means the debt eVldencad by the Note, plus Interest, any prepayment charges and late charges due under the Note, and all sums due under thiS Security Instrument, plus Interest WASHINGTON 1529 (()4 01 J First American Title Page 1 of 17 First American Title 20030811002415.003 01-0618-061748621-2 (HI "Riders" means all Riders to this SecUrity Instrument that are executed by Borrower The follOWing RIders are to be executed by Borrower [check box as applicable]. o Adjustable Rate Rider o Graduated Payment Rider o Balloon RIder o Other(s) Ispeclfyl o Condominium Rider o Planned Unit Development Rider o Rate Improvement Rider o ,-4 FamIly RIder D Biweekly Payment Rider o Second Home Rider (I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and admInistratIve rules and orders (that have the effect of law) as well as all appllcab)e final, non-appealable ludlclal opInions (J) "Community Association Dues. Fees, and Assessments" means all dues, fees, assessments and other charges that are Imposed on Borrower or the Property by a condominIum aSSOCIatIon, homeowners aSSOCiation or Similar organization (K] "Electronic Funds Transfer" means any transfer of funds, other than a transactIon originated by check, draft, or Similar paper Instrument, which IS Initiated through an electronic termlna', telephOniC Instrument, computer, or magnetic tape so 8S to order, Instruct, or authonze a financial Institution to debit or credit an account Such term Includes, but IS not limited to, pOlnt-of-sale transfers, automated teller machine transactions, transfers Initiated by telephone, Wire transfers, and automated clearinghouse transfers. (l) "Escrow Items" means those Items that are desCribed In Section 3 1M) "Miscellaneous Proceeds" means any compensation, settlement. award of damages, or proceeds, whether by way of Judgment, settlement or otherWIse, paId by any third party (other than Insurance proceeds paid under the coverages descrrbed In Section 5) for (I) damage to. or destructIon of, the Property, (II) condemnatIon or other takmg of all or any part of the Property, (III) conveyance In heu of condemnation, or (IV) misrepresentations of, or omiSSions as to, the value andlor condition of the Property (N) "Mortgage Insurance" means msurance protecting Lender agamst the nonpayment of, or default on, the Losn (01 'Periodlc Paymant" means the regularly scheduled amount due for (J) prinCIpal and Interest under the Note, plus (II) any amounts under SectIon 3 of th,s SecUflty Instrument. (PI "RESPA' means the Real Estate Settlement Procedures Act (12 U S.C. SectIOn 2601 et seq) and ItS Implementing regulation, Regulation X (24 C F R Part 3500), as they might be amended from time to time. or any additional or successor legislation or regulation that governs the same subject matter As used In thiS Security Instrument, "RESPA" refers to all requirements and restnctlons that are Imposed In regard to a "federally related mortgage loan" even if the loan does not qualify as a "federalCy related mortgage loan" under RESPA (01 "Successor In Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note andlor thIS Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY ThIS Security Instrument secures to Lender: (J) the repayment of the Loan, and all renewals, extensIons and modIfications of the Note; (II) the performance of Borrower's covenants and agreements under thIS Security Instrument and the Note, and (lid the performance of all agreements of borrower to pay fees and charges arrSlng of the Loan whether or not herein set forth For thIS purpose, Borrower Irrevocably grants and conveys to Trustee, In trust, with power WASHINGTON 1529!04 01) First American Title Page 2 of 17 First American Title 20030811002415.004 01-0618-061748621-2 of sale, the follOWing described property located In _____ ...... K"'in"'a9-_____ _ Washington: County, LOT 1, KING COUNTY SHORT PLAT NUMBER 280031, AS RECORDED UNDER RECORDING NUMBER 8008040570, SAID SHORT PLAT BEING DESCRIBED AS FOLLOWS: THE EAST HALF OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE NOTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE, 5 EAST, W.M., IN RING COUNTY, WASHINGTON; which currently has the address of _...Il.ll4...11"2.:>S-"S,,E-I,l.>.3J).6TH=-,So:T,,-_==;;-_________ _ [Street) ____ ---'R .. ENT'\l!:~OfN"------" Washmgton IC,ry] 98059 I"Property Address")' (ZIp Codel TOGETHER WITH 811 the Improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter 8 part of the property All replacements and additIOns shall also be covered by thiS Security Instrument All of the foregOing IS referred to In thiS Security Instrument as the "Property," BORROWER COVENANTS that Borrower IS lewfully seised of the estate hereby conveyed and has tha right to grant and convey the Proparty and that the Property IS unencumbered, except for encumbrances of record. Borrower warrants and Will defend generally the title to the Property egalnst all claims and demands, subject to any encumbrances of record THIS SECURITY INSTRUMENT combones uniform covenants for national use and non-Uniform covenants With limited vanatlons by JUriSdiction to constitute a uniform security Instrument covering real property UNIFORM COVENANTS Borrower and Lender covenant and agree as follows 1. Payment of Principal, Interest, Escrow Items, Prepayment Charge., and Late Cherge. Borrower shall pay when due the principal of, and '"terest on, the debt eVidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and thiS Security Instrument shall be made In U S. currency. However, If any check or other Instrument received by lender as payment under the Note or thiS Security Instrument IS returned to lender unpaid, lender may reqUire that any or all subsequent payments due under the Note and thiS Security Instrument be made In one of more of the follOWing forms, as selected by lender (a) cash; (b) money order, (c) certified check, bank check, treasurer's check or cashier's check, proVided any such check IS drawn upon an InstItution whose depOSits are Insured by a federal agency, instrumentality, or entIty, or (d) ElectrOniC Funds Transfer. Payments are deemed received by Lender when received at the locatIOn deSignated In the Note or at such other location as may be deSignated by Lender In accordance with the notice prOVISions In Section 15 lender may return any payment or partial payment If the payment or partIal payments are insuffiCient to bring the Loan current. Lender may accept any payment or panlal payment InsuffiCient to bring the Loan current, Without waiver of any rights hereunder or prejudice to Its rights to refuse such payment or partial payments In the future, but Lender IS not obligated to apply such payments at the time such payments are accepted If each PeriodiC WASHINGTON 1529 (04-01' First American Title Page 3 of 17 First American Title 20030811002415.005 01-0618-061748621-2 Payment IS applied as of ItS scheduled dua date, then Lender need not pay Interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable penod of time, Lender shall either apply such funds or return them to Borrower If not applied earlier, such funds will be applied to the outstandmg principal balance under the Note Immediately prior to foreclosure. No offset or claim which Borrower might have now or In the future against Lender shall reheve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument 2. Application of Payments or Procaeds. Except as otherwise described In this Section 2, all payments accepted and applied by Lender shall be applied In the following order of Prlonty (a) Interest due under the Note, (b) principal due under the Note. (c) amounts due under Section 3. Such payments shall be applied to each PerIOdic Payment In the order In which It became due Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note If Lender receives a payment· from Borrower for a delinquent 'Perlodlc Payment which Includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge If more than one PeriodiC Payment IS outstanding, Lender may apply eny payment received from Borrower to the repayment of the PeriodiC Payments If, and to tha axtant that, each payment can be paid In full To the' extent that any excess eXists after the payment IS applied to the full payment of one or more PeriodiC Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described In the Note Any applicatIOn of payments, Insurance proceeds, or Miscellaneous Proceeds to prlnclpel due under the Note shall not extend or postpone the due date, or change the amount, of the PeriodiC Payments 3. Funds for Escrow Items. Borrower shall pay to Lender on the day PeriodiC Payments are due under the Note, until the Note IS paid In full. a sum (the "Funds") to provide for payment of amounts due for (a) taxes and assessments and other Items which can attain Priority over this Security Instrument as a hen or encumbrance of the Property, (b) leasehold payments or ground rents on the Property, If any, (c) premiums for any and all Insurance reqUired by Lender under Section 5, and (d) Mortgage Insurance premiums, If any, or any sums payable by Borrower to Lender In lieu of the payment of Mortgage Insurance premiums In accordance with the provISions of Section 10. These items are called "Escrow Items" At origination or at any time dUring the term of the Loan, Lender may reqUire that Community Association Dues, Fees, and Assessments, If any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obhgatlOn to pay the Funds for any or all Escrow Items Lender may waive Borrower's obhgatlOn to pay to Lender Funds for any or all Escrow Items at any time Any such waiver may only be In writing In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, If Lender requires, shall furnish to Lender receipts eVidenCing such payment Within such time period as Lender may require Borrower's obligation to make such payments and to prOVide receipts shall for all purposes be deemed to be 8 covenant and agreement contamed In this Security Instrument, as the phrase "covenant and agreement" IS used In Section 9 If Borrower IS obhgated to pay Escrow Items directly, pursuant to a waiver, and Borrower falls to pay the amount dUB for an Escrow Item, Lender may exerCise Its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke WASHINGTON 152910401) First American Title PIIge 4 of 17 First American Title 20030811002415.006 01-0618-061748621-2 the waiver as to any or all Escrow Items at any time by a notice given In accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and In such amounts, that are then required under this Section 3 Lender may, at any time, collect and hold Funds In an amount (al sufficient to permit Lender to apply the Funds at the time speCified under RESPA, and (b) not to exceed the mexlmum amount a lender can reqUire under RESPA Lender shall estimate the amount of Funds due on the basIs of current data and reasonable estImates of expenditures of future Escrow Items or otherWise In accordance With Apphcable Law. The Funds shall be held In an Institution whose depOSits are Insured by a federal agency, Instrumentahty, or entity (Including Lender, If Lender IS an institution whose depOSits are so Insured) or In any Federal Home Loan Bank Lender shall apply the Funds to pay the Escrow Items ·no later than the time speCified under RESPA Lender shall not charge Borrower for holding and applYing the Funds, annually analYZing the escrow account, or verifYing the Escrow Items, unless Lender pays Borrower Interest on the Funds and Apphcable Law permits Lender to make such a charge. Unless an agreement IS made In writing or Applicable Law requires Interest to be paid on the Funds, Lender shall not be required to pay Borrower any Interest or earnings on the Funds. Borrower and Lender can agree In Writing, however, that Interest shall be paid on the Funds Lender shall give to Borrower, Without charge, an annual accounting of the Funds as reqUIred by RESPA If there IS a surplus of Funds held 10 escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds In accordance With RESPA If there IS a shortage of Funds held In escrow, as defined under RESPA, Lender shall notify Borrower as reqUIred by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage In accordance With RESPA. but In no more than twelve monthly payments. If there IS a defiCiency of Funds held 10 escrow, as deflOed under RESPA, Lender shall notify Borrower as reqUired by RESPA, and Borrower shall pay to Lender the amount necessary to make up the defiCiency In accordance With RESPA, but In no more than twelve monthly payments. Upon payment 10 full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender 4. Charges; Lions. Borrower shall pay all taxes, assessments, charges, flOes, and ImpOSitions attributable to the Property which can attain prtOrity over thiS Security Instrument, leasehold payments or ground rants on the Property, If any, and CommuOity ASSOCIation Dues, Fees, and Assessments, If any. To the extent that these Items are Escrow Items, Borrower shall pay them In the mennor prOVided In Section 3 Borrower shall promptly discharge eny hen which has PriMly ovor thiS Security Instrument unless borrower. (a) agrees 10 writing to the payment of the obhgatlon secured by the hen In a manner accepteble to Lender, but only so long as Borrower IS performing such agreement, (b) contests the lien In good faith by, or defends against enforcement of the hen In, legal proceedings which In lender's opinion operate to prevent the enforcement of the hen while those proceedings are pending, but only until such proceedings are concluded, or (c) secures from the holder of the hen an agreement satisfactory to Lender subordinating the hen to thiS· Secunty Instrument If Lender determines that any part of the Property IS subject to a hen which can attain PriOrity over thiS SecUrity Instrument, Lender may give Borrower a notice IdentifYing the hen. Within 10 days of the date on which that notice IS given, Borrower shall satisfy the hen or take one or more of the actions set forth above 10 thiS SectIOn 4. . Lender may require Borrower to pay a one-time charge for a real estate tax· Verification and lor reporting service used by Lender In connection With thiS Loan WASHINGTON 1829 (04-01) First American Title Page 5 of 17 First American Title 20030811002415.007 01-0618-061748621-2 5. Property Insurance. Borrower shall keep the Improvements now eXisting or hereafter erected on the Property Insured against loss by fire, hazards Included within the term "extended coverage," and any other hazards Including, but not limited to, earthquakes and floods, for which Lender requires Insurance This Insurance shall be maintained In the amounts (lncludmg deductible levels) and for the periods that Lender requires What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The Insurance carner providIng the Insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's chOice, which fight shall not be exerCised unreasonably. Lender may requIre Borrower to pay, In connection with . thiS Loan, either (a) a one-time charge for flood zone determination, certification and tracking serVices, or (b) a one·tlme charge for flood zone determination and certification services and subsequent charges each time remappmgs or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responSible for the payment of any fees Imposed by the Federal Emergency Management Agency In connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower falls to maintain any of the coverages described above, Lender may obtain Insurance coverage, at lender's option and Borrower's expense lender IS under no obhgatlon to purchase any particular type or amount of coverage. lender may purchase such Insurance from or through any company acceptable to Lender including, without limitation, an affiliate of lender, and Borrower acknowledges and agrees that Lender's afflhate may receive consideration for such purchase Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's eqUity In the Property, or the contents of the Property, against any risk, hazard or liability and might proVide greater or lesser coverage than was preViously In effect Borrower acknowledges that the cost of the Insurance coverage so obtained might significantly exceed the cost of Insurance that Borrower could have obtained Any amounts disbursed by Lender under thiS Section 5 shall become additional debt of Borrower secured by thiS Secunty Instrument. These amounts shall bear Interest at the Note rate from the dete of disbursement and shall be payable, wIth such Interest, upon notice from Lender to Borrower requesting payment All Insurance poliCies requIred by Lender and renewals of such polices shall be subject to Lender's fight to disapprove such poliCies, shall Include a standard mortgage clause, and shall name Lender as mortgagee andlor as an additional loss payee, Lender shall have the right to hold the poliCies and renewal certificates If lender reqUires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices If Borrower obtains any form of Insurance coverage, not otherWise reqUired by lender, for damage to, or destruction of, the Property, such policy shall Include a standard mortgage clause and shall name Lender as mortgagee andlor as an additIOnal loss payee Borrower hereby absolutely and Irrevocably assigns to Lender all of Borrower's nght, title and Interest In and to all proceeds from any Insurance polley (whether or not the Insurance policy was reqUired by Lender) that are due, paid or payable With respect to any damage to such property, regardless of whether the Insurance policy IS established before. on or after the date of thiS SecUrity Instrument By absolutely and Irrevocably assigning to Lender all of Borrower's rights to receive any and all proceeds from any Insurance policy, Borrower hereby waives, to the full extent allowed by law, all of Borrower's rights to receive any and all of such Insurance proceeds Borrower hereby absolutely and "revocably assigns to Lender all of Borrower's right, title and Interest In and to (a) any and all claims, present and future, known or unknown, absolute or contingent, (b) any and all causes of actIOn, (c) any and all ludgments and settlements (whether through litigation, mediatIOn, arbitration or otherWise), (d) any and all funds sought against or from any party or parties whosoever, and (e) any and all funds received or receivable In connection With any damage to such property, resulting from any cause or causes whatsoever, WASHINGTON 1529104011 First American Title Page60f17 First American Title 20030811002415.008 01-0618-061748621-2 Includmg but not limited to. land subsidence, landslide, windstorm, earthquake, fire, flood or any other cause Borrower agrees to execute. acknowledge If requested, and deliver to Lender. and/or upon notIce from Lender shall request any Insurance agency or company that has Issued any Insurance policy to execute and deliver to Lender I any additional Instruments or documents requested by Lender from time to time to eVidence Borrower's absolute and Irrevocable assignments set tanh In this paragraph. In the event of loss, Borrower shall give prompt nOllce to the Insurance carner and Lender. Lender may make proof of loss If not made promptly by Borrower Unless Lender and Borrower otherwise agree In Writing, any Insurance proceeds, whether or not the underlymg insurance was reqUIred by Lender, shall be applied to restoration or repair of the Property, If the restoration or repair IS economically feasIble and Lender's security IS not lessened DUring such repair and restoration penod, Lender shall have the right to hold such Insurance proceeds until Lender has had an opportUnity to Inspect such Property to ensure the work has been completed to Lender's satlsfactJonf provided that such Inspection shall be undertaken promptly Lender may disburse proceeds for the repslrs and restoration In a single payment or In a series of progress payments as the work IS completed Unless an agreement IS made In writing or Applicable Law requires Interest to be paid on such Insurance proceeds, lender shall not be reqUired to pay Borrower any, mterest or earnings on such proceeds Fees for public adjusters, or other third parties, retamed by Borrower shall not be paid out of the Insurance proceeds and shall be the sole obligation of Borrower If the restoration or repair IS not economically feasible or Lender's secunty would be lessened, the Insurance proceeds shall be applied to the sums secured by this Secunty Instrument, whether or not then due, With the excess, If any, paid to Borrower Such insurance proceeds shall be applied In the order prOVided for In Section 2. If Borrower abandons the Property. Lender may file, negotiate and settle any avaIlable Insurance claim and related matters If Borrower does not respond Within 30 days to a notice from Lender that the ,"surance carner has offered to settle a clalin. then Lender may negotIate and settle the claim. The 30-day penod Will begin when the notice IS given. In Bither event, or If lender acqUires the Property under Section 22 or otherwise, Borrower hereby assigns to lender (a) Borrower's nghts to any Insurance proceeds In an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rrghts (other than the fight to any refund of unearned premiums paid by Borrower) under all Insurance poliCies covering the Property, Insofar as such rights are applicable to the coverage of the Property. Lender may use the Insurance proceeds Bither to repaIr or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as-Borrower's principal reSidence Within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal reSidence for at least one year after the date of occupancy, unless Lender otherWise agrees In writing, which consent shall not be unreasonably Withheld, or unless extenuating Circumstances eXist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property~ Inspections. Borrower shall not destroy, damage or Impair the Property, or remove or demolish any budding thereon, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower IS reSiding In the Property, Borrower shall maintain the Property In good condition and repair .n order to prevent the Property from detefloratm9 or decreasing In value due to Its condition Unless It IS determined pursuant to Section 6 that repair or restoration IS not economically feaSible, Borrower shall promptly repair the Property In good and workman like manner If damaged to aVOid further WASHINGTON 1529 lOll 01) First American Title Page 7 of 17 First American Title 20030811002415.009 01-0618-061748621-2 deterioration or damage lender shaJl, unless otherwise agreed In writing between Lender and Borrower, have the nght to hold Insurance or condemnation proceeds If Insurance or condemnation proceeds are paid In connection with damage to, or the taking of. the Property, Borrower shall be responsible for repairing or restoring the Property only If Lender has released proceeds for such purposes Lender may disburse proceeds for the repairs and restoratIon In a single payment or In a series of progress payments as the work IS completed If the Insurance or condemnation proceeds are not suffiCient to repair or restore the Property, Borrower IS not relieved of Borrower's obligation for the completion of such repair or restoration. lender or Its agent may make reasonable entnes upon and inspections of the Property. If It has reasonable cause, lender may Inspect the Intenor of the Improvements on the Property Lender shall give Borrower notice at the time of or pnor to such an Intenor inspection specifying such reasonable cause. lender does not make any warranty or representation regarding. and assumes no responsibility for, the work done on the Property, and Borrower shall not have any right to rely In any wayan any Inspectlon(s) by or for lender or Its agent Borrower shall be solely responsible for determining that the work IS done In a good, thorough, efficient and workmanhke manner In accordance with all applicable laws 80rrower shall (a) appear In and defend any actIon or proceedIng purportIng to affect the secunty hereof, the Property or the rights or powers of Lender or Trustee, (b) at Lender's option, assign to Lender, to the extent of Lender's mterest. any claims, demands. or causes of action of any kind, and any award. court Judgement, or proceeds of settlement of any such claim. demand or cause of action of any kind which Borrower now has or may hereafter acqUire anSlng out of or relatm9 to any Interest 10 the acquIsition or ownership of the Property lender and Trustee shall not have any dutY to prosecute any such claim, demand or cause of action. Without hmltlng the foregOing. any such claim, demand or cause of action anslng out of or relatmg to any Interest In the acquIsition or ownership of the Property may Include (I) any such IOJury or damage to the Property Includmg Without limit Injury or damage to any structure or Improvement situated thereon, (II) or any claim or cause of action In favor of 'Borrower which arises out' of the transaction financed In whole or In part by the makmg of the loan secured hereby, (III) any claim or cause of action In favor of Borrower (except for bodily inJury) which arises as a result of any negligent or Improper construction. installation or repair of the Property IncludlOg Without limit, any surface or subsurface thereof, or of any bUilding or structure thereon or (IV) any proceeds of Insurance, whether or not required by lender payable as a result of any damage to or otherWise relating to the Property or any Interest therel~ Lender may apply, use or release such monies so received by It In the same manner as prOVided In Paragraph 5 for the proceeds of Insurance 8. Borrower's Loan Apphcation. Borrower shall be in default if, dUring the Loan application process, Borrower or any persons or entities actlOg at the direction of Borrower or With Borrower's knowledge or consent gave matenally false, misleading, or Inaccurate informatIon or statements to lender (or failed to prOVide Lender With matenal information) In connection With the Loan. Matenal representations Include, but are not limited to. representations concerning Borrower's occupancy of the Property as Borrower's prtnClpal reSIdence 9. Protection of Lender's Interest In the Property and Rights Under thIS Securtty Instrument. )f (a) Borrower fal)s to perform the covenants and agreements contaIned In thIS Securtty Instrument, (b) there IS a lege) proceedIng that mIght slgntflcantly affect Lender's Interest In the Property andlor rights under thiS Secunty Instrument (such as a proceeding In bankruptcy, probate, for condemnatIon or forfeiture. for enforcement of a hen which may attaIn Priority over thIS Secunty Instrument or to enforce laws or regulatIons), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever IS reasonable or appropriate to protect Lender's Interest In the Property and rights under thiS Secuflty Instrument. Includmg protecting WASHINGTON 1629 (O4.(11) First American Title P.ege 8 of .17 First American Title 7. Exception, 05 .241250 -.~ •..•..•• -... ~ .......... .. II, If ,.l1ed ,.p 10. la)l 4;7pm Ii," "" •• ~. 1901l con ,,10(1 VOl "III-D 1171 ': i.JI._on4' "i'illht .nd 1I'ranoes II " .. iRil' lih '\'rt "'. "ipO -' ': i-.•••. ~. -- First American Title First American Title First American Title First American Title 1 I I First American Title First American Title .~~~~~------------------------------------- First American Title Fir;t American Title , , . ,. ". .) i c'l I i ! . ,-. ~ .. ~ .. , L. ./.~-.-r" .., ....... ., (. .. "' .y' ... ~ .... , ...... / ........ . , "Reservations and exceptions Gontained 1n deed from the '''' .. ,I Northern Pacific Railway ComJ:any, und<" ~-which title 'i1",,:;3" j: 18-1:1 aimed, recorded September 10,1902, in volume 298 ': of-deeds, page 306, under aUditor"s file No. 241250, ."ecords of said county" substlUltially as fOllows; Reserving and excepting from said described premises so much and such part;s thereof BS may __ "AAl !: ~"""" 2 (,"'"tain coal or iron and also the use and the right and title to the use of such surface ground 3L' may be nece:.lsary for milling operat.:lons amS the right of' aeeee!! to :;ouch reserved and excepted mineral lands, including lands contamlng (1oa1 or :' : .. ~n, for the purpose of eXPloring, developing and ,! Working the same. .'.~ " .. ,-,.' . -. ,~ --l· ,," , -, . .. . ,-" .~ < L .. ; r-"'~-':''''''';'' .. ...~,., ""'.,,' .. ..)..-J~ . .' \' . ,_ ...... ·4 . First American Title First American Title B. Exception .. 06_BOOB040570 .-.-.,-~-. ~ ",,:,,""","--:'.-''<7,-_.",-":--;.:-----.. .~--.-!'""-~:~-.-.--------~---- " ..... ,." ',: ., ,. .::.; ---------. -. C9U NT V,WASH ING T ON This APPROVAL SP'~~ n,.,·rve. -"r\ Cf!cocdI1C'!! -1,1St',_ • '-, '. -'. .' .Department of PlatJl1: J aild i:o'~llnjt!l Development '. l . .ill.i~di.,g ~d und Devbl.,p~nt· Division::: . . -(£: Examined and approved this __ d~~ of (~'Uc-,-/ / .. ,?..:::.k:...--__ ,IL ___ '-~~ ~;jled for record at the r.t''luttS t of: JUIe, Hanson ..... <~~-l<-~_.~c t( .0:. ~-'-6 - Ha."1ager, BuiJdin!i & Land Development D~Vis!~ !1fI'p.trttf,ej1~ ot Publ{" Works $f::-.:~t:' Director DEpar/;/lent ot Asses.sments ," )";'1 . .' 41.C?c'j I/o -der,,--: . of~ day of ':;I'v"('''~~ .. ;..:::."~. ;..;,'-,.(~,:, ,<" / :',:! .-:.",,···.i:;-·,:!c ~ .j .,.- 7f.'"7,~: .. ' "LEGAL DESCRipTI~ 'rDT.\L AuA: :.~. Parcel I of "'Short Plat No. 574002" recordfid .under Recording: No. ,7S01~1-0294;' being a short plat of: '" :the· !~~t %·of the Nw·t of the tfW \: of the SE t of Sectio'n IS, T02l,N •• R 5 B •• ~.H.; ,£XC~~ the North 30 feet thereof c;onveyed to KinS°c<'unty for road by dee-d recorded '!ftder Recording No. 740923-0526; AND EXCEPT 'all e.oal aqd Jlainerlils, and' the risht to e"plore for and =ine· the 8_. as e:xcluded iff deed I"ecorded under ReC''Jrding No. 241250; Situate in the County of kina.' S~ate ot. Wa8hfn8ton~ . The Harth sao feet of·t~e East % of the lest % of the NW ~ of· the NW·\ of the Sl t of Section IS, T 23 N., R S E·~,oW.H •• in·ll:..ng County, W.shington, L!SS North 30 feet for road. SUBJECT TO easement for ingress. egreu, .nd utilities along 'West 30 feet; EXCEPT' coal and .lIIiner .. l rir:.ts reeotdotdunder Recording No.· 241250. ' rhe ·Ea8t ., of the Ea'lit: \ :0£ the r.1l \. of the NW .\: of the Sl t of sir· t'ion IS, T 23 N •• R 5 E., W.M:. In Xin~ County_ Washington. LESS the North 500 feet: TOGETHEJI: WITH 8n easee.ent for lr.a;ress. e8tes,s, and utilities' along the West 3(,' feet of the Horth sao feet '. less Hort'J )0 feet for road. ~C!PT coal and 1IIineui rights recorded ut.det Recording No, 241250, ' l 'NOTE: Clearfng and road construct ron. to be limited to West 15 feet of e.sellMhl t • Map on File ir. Vauli Page 1 of ..:!:.-:.- .".-n, .. First American Title . ..... . First American Title T. -_, -C.'.' ---:'"; .. : .. . ~ . ,": '.: l J . ---" . ~e /.':~f.l?~ S/- . ~.c;. :~Cc.. 1'1' ZH'I~.a5·;:" ~. ,.J _A • I, ,f .: . . ,' . ~ , / / /4!ePAfl.;"» r.J..;: J /I. .... "'''" C. '//AA/S",AI 1'7/~ ~ /:~t!-·f-.IJ !;-'.- R.eNTVtV vi" 9~OS., z,z.. ",.-S-;J<fz. First American Title 11.,,5, Ti~- ;.- ~:'.-: ~.',' '. -:"':;~.':_~;':'!.' v.4!HIAI'; (;17 ·.,.-;.Air4.te .. _·, r· ':\f ".,,', .... ':.<~·,:.,~ .. ~·'t, ~ .ijOT~: . 4Ny' (I·,·,_,/~,.::.r { ~ •• ~~£.w~~ ..... A/'G r/~6 . \i IiJ r">'(orrJse'I)' ROi\D , . <'> "'. '/llIl/S;-.oE3 ,AAll/t,?G:) . ~. ,/lAID 'r:J?r,.:~t/e." 8'1 ~ ,NG 2)nllivo// ~F Il'.' ;4'1Dfl""N~~ ;)J ~. -t. .~. I-\- .. : Map on File in Vaun N Dir~tio", vJ .:-...-----j!I-. '-- r' iCO S6 0 111" ' .. • First American Title .)r;. "! "," a:.-..... -; .~ '.~ . • -.--• ~=,~.". ~,;, ;;:;:-=.~-;.;::;:::~=:;:::::;=:::;;::'--,--~----.-,,--~--~ .. ,.... . ... -:r:--' ... -..... -. -' . ,",. "O£ClARAT iON:. Kno .... all· men· by these"prese'~t~ that"we," t"he undersigned, owner{s) .in fee simple (hnd" co'ntract" purchaser.{aH 'of the land herein described do' here- by":rri\ke a short ~ubdi"ilfion. thereof pursuant to RC'W 58.,17.060 and d6clan . tn~~ ~hort plat to"'be th~' graphic: representation 'of -same', and that' ",said:" stlo~t' subdivision is made with the -f.ree'·consent and in: accorcfance with . th~ ,desire of "the owne-~_(s).· .. N'JTfIe· STATE OF'WASHINGTON County of . I ) ss. Nane .,~ >.:.r:' t p . "," to ",. knmJn to-btl the. iilCil.fJiduaZ dBscribeJ. t.n ,cttd IJko e~ec/.l.ted the l.H..thir; and tONgoing instrwnent, and aakndl.1l"edged--that ""f\t':'1 "signed the sallie as ~._ free and . tIO~lmtal"ll. act and.'aesdi fop th .. U8ee a~ purp08iJS t.herein r.:81It1o'ted.' seal ',-STATE 'OF '~SHINcToN 'county 'of" . ",-' On this,-~'Pel'"807llllly appeared before J':'Ie '~It) ~ S"CI'\i ,J , \JOYCE to b. the "l-ild'&-ut.ciual.. described in ~ rJ ~ 6.reeute the W'f..thir. .iTUJtrvMnt~ cvid (lC~Zttdgei t~~; ilf~'{; - .. signed thg Bl11r.e as iliEI~ 'ooltDitary ac! and ·~Sd. fo,. the:uses and pw"Poses: the-:oeir! ·7'lentionE/4. foregoing ··free and GiVEN. IO'idSl' my -hand 1zY'.d official sea! this, 1ayo:~ -c-,:If1':!"tI",f",_.,-,,:,---, 19 ~'i(~ ." .,' . ',' '=' ~J&¥! tft!:~"",C'i~jn~~~f""'''-'-' -- . -. . !lot<lPYPUblr.lf in' az or t seal SHORT PlI.T :IC. ZE0051 F-2tJ.B!3 8/'1."·' ,. :.tasJringtor:.; 'eesiding at -.L!''''':!'''''''''~- 4 ?age .3 of -"~"-__ _ ••• "J ••• First American Title ." First American Title -".-::-":"--------T- ~~r. ", ..J\..~_ 'DECLARAT'rON';: -,' . ..' ':" . . K.n~_~. ,~~i::~~~ by the~e" presents that we ," : the U~der~.L:gn~d.· own~r ~'s') in:···~~e· simple -(ana contract porChaser(s)1 of the land herein desQribed-d~ here-" .by··mak~ a"··short :'subdiiiHion thereof",pursuant to RCW'58':-17~060-aJi -'leclare. t1:lis short plat"to.J~.e. the .graphic l."e"presentation".of ·same. 'and .that o!:iaid .- 9Jlort : subdivision" is, made with the free consent and in~ordance with the. deSire.o~ t.~ ~wnei;.(s)'.· ... --. ----. -In -witness whereof' ..... e have se:t our hands and s'e'lls. LllticOL;~' ;·;U';:UAL SAViNGS BM;~: Name· r:·,·.~::,~:, '.-;. ,lard:::; A,-, __ ·:::;'t,£l~i., Vice Pl'esident Name . - STATE \QF WASHlNGTON' >' County of . King 1 55, . ·flame N"",. _On this day· pe1'80nalti appeared be/ol'e I>;e _-,-,t~~o~r~m~an,,-u~'.,-,:-~:G~r~r~is,,-" -' ____ -'~ __ to me. kno-wn to he the-indiv~dual des!!t'ibej in and l.iho e:::eauted th~ :.rt~hin and lore(Jo .. ~gc il'lBtrument., and acknoL1lsdged that he' , 8i~d the, eams ·as 'hi;:; ,pse and t)olwrtary Qct and desd~, fol" -the. uaBS '(l1!d purposes ~hel'ein -mentio~ed. GIVEN Undero n,y: IJand ,and o.ffiaial 86C;;1. th!.s' o/:Iy' oj' _-,...,.J~ul~"" ~'tl"~ __ -:--' 1.9 ~ <:<;t ,~~:,'~ ~ Z::~ ~--" :~;':":~r-. ..!' "-r. l..' ~ ~. . .... STATE OF WASHINGTON ) CoUnty of _ ) ss. . ': NotaPlI P-lJ)Zic in ana foJ' the~:State ot . . Wadh;'ng-tDn !>et!iJ-f.ng at bi~Rt':rn . : On thi~ day pel'Bonally appeai>l!d belo:re me ______ -'..,..-:,-__ -' ___ _ ~'~me bGim to 'be the·~i.viduai d6s~M.b~d in a~ '~htJ e;6cut~d the rAthi1l. and foregoing instr&#1rent~ ant!' ac1cnowZ8dg~d·_:t1i.at. . 'siifnt2G the same as : jl"ee a'na , voluntary act anti. dsed~ for ~~ uses and purposes'therei.rz mentioned, GIVEN"wulsl'my hand and 'fficial·~e~f this ,th.y 'of ___ --___ --',. 19'_" __ _ ~ seal SHORT PLAT NO. _Z~B~O!!O~3~"!.I_o_:"--- F-208B 6/79 - 'NotaI'Y 'P!.fbUc in and fo1' the State 0.7 . WGehingtol'!" 1'esidii-:e a.t _______ _ First American Title ,-. - First American Title 9, Exception __ 07 _8605301240 ~ . • ," First American Title = "12040 a ~.ty. CJ6,.'O'J"30 REct-F u.iJo,:.t. •••• ,. JO e;,-:; The UNDERSlc;N[;;;. ovn.rl~ ot t.tU! tol11J'tinq de.cribod Ilnd !.xat.(ld 1ft ~ ___ CountY'. Stat,. of w •• hinqt(ln. t(; 1o'lt: At lor I(i"" Co'mty ShC.lt p!1 t ;10. 2801)1l de.. hereby dll:!1ne-. "'eclare, ar.d de(lr.\t~ thlf' [(')110w1.:1':1 f'1I111.t'ntl lind e.,e., fit over. IItr08~. lind under th~t portioo ~f lh~ pr~p~llY ~e.cribed 1111 follcvs: The SO'lth 15 Peel of th" above lot '1 _did e.~eDent i. tor the purpo.~ ~r ir& dlJ.G~ion anrl ~intenance of .he draintield portion fit an on~.ttll .ev.",. dispo8Al syateJh to •• rve the follovlr.q d •• cribed properth!ll' Lot ~2 of Xin" County Short. rltlt Ho. ~8C"H NON. TRERErOR!, tne qrantor Sagr.. and covenant that .oid 9n"ltor ;. , Iw.t-~ Ithil'r) heiri'; lucceuora And 1188i9n. will not-oGn.truct or .. in Lain or .ulter to ~ conat,~cted or aaintal.'led within the e.eeMnt area; any ~_ructurea. roachl, driveway •• or t.rail. for vehic:ulll!' tr.ffici and ahall not excavate or cC*pact the I •• tunl .:..i1 within thia area. Th .. a. COVl'na..lt. shall ~un with t.ll! land and shall ·e binding on all ~rt:.iea havLng Dr acquirilofJ any riqht, title, or intereat in the land deacribed herein or any pa.rt thereof. ~~ e. .... nt .~ll t.rainat~ one hundred and eiqhty (180) days .tter P':,Ibl1c:: .ever. becOlllMt avaUable to tbe ·roperty be.inq •• NJce(by tne e •• e.nt. WInDS ~ hand.Lthh'rp"",,,,,,,-,day of ~t of boorct. aDd Ilec:Uona ~ .. JOl .. CouIIt, ..-tat.truJ.on Bldg. . Jed ... .., ... Itat&&', .. ,.10e L First American Title 10. Exception .088703230416 ,.j i.- ORIGINAL in caa.si.JeratiOQ of ODe DollU ($1.00) &Del other ..... 1 .. ;;;':,;;;;. the receipt. of which b bentby ackDallfledged. JIlIEfj C P'!§Q' aN' vmO.Aa... 9!1'5", bpsbanc1 and HU. _.u ••• __ on _ • __ ", rcr---"""').. "',1~" 8l'1li ~ II> PU .. .tt SOl:!\1) POU.lJt • UCHT rn~IP."'\·Y. & 1\''''' (XIt. pcna. ("'CnDt~-__ I. 1m it. p;DlUI'II ~"" M fwtb II pt'I'JJI"ftYl_ ..... __ Mer Iho-foJ. ...... oIo.crib.d.-~ r .... ~.-~I ~ __ ~'. WaIfIiIWM Lot 1. King County Short Plat Number 280031. as recorded under Auditor's File No. 80080405701 bei:lg a portion of the Southeast ~e:r of Section 15. Township 23 North, RAnge 5 Eact, W.N. J, "'--Gr_...u-'lb!rriFaol __ todM~_W.,·_...t_"'~IoIOlbleeru.laftl!l'o =~~~t~ ..... Cnnteeiball~tf'CnI:nIDrfor-rctan.p1a ~QtD8dbrlbener- .. ~ ~Craal .~. frau fi.ekl lime 1'I~'1I! ha. bushes. or odIer~1ridjn Ibe~ fI..JN.y_ -r Iewwl ad ..... .., Ili&tIHi.WIllo" to dM eWIII....-bIy -r ID "'"1' oat m. ~ MIl for1b in ..... I bereaf. pnwkkd. doll kilkJwtlllGIV SIIdI-'. GnznM tImlI. III !he _ ~ pr~bk ,-. die ........ .,. lID .... anIIiao II _ ~..q priDr 10 IDd:I -'-I'!:IIkIwiIw the tndiIbIIIIa II Gm!Iee'.IIftCkqr.-d r.dfiIia.CrIIalDr..y ~~anIiury~ID"~';;'" ~.W.,..pnrridedlhat: ...... idIn' ....... t. pI.-I __ .... w..aJd be ~ ~ or ~ far enme." _ .... -. . t. ~u."~. er.ntor __ 1M rtlbllO _!be ~-W., for." ~ Idlncandltenltrllb ~.w~'::'-~...r.:··=::::=~==~~~'t'? :!i:..r-:::.e~ ::';==:,,:e~':'::;;:'8dU~:;~~~be~~~t~"-:= w" ._ .. _ .. _ ... _ .... _ ..................... eo-...... .... o:W. .. .....-:-"'-...... ~.,.,,..~..,.IItc-t.,. .. OrwIIoIII·. ___ oI .. ~ lIInII..-..t ............ er-.................. era.. .. ~·iJIIgrkI..v~ ...... III..,.~ -.s.., ......... "c...r. & ' $ n.~iInIa..-d ... CWIbII .. __ ...... Gc--._ID_ .. ......,...,.r.. ,..w" ... ISI---.~iI ...... __ ... _tWl ___ -' ..................... ID"- _ ............... --...-... .. be~ID ..... ....-I.,._.,~·.r ..... llliai1W1J ..... ~ ..... _ .......... .,. ..... .., ..... " ......... ct.let.a.l. . , • ..._._--. .,.... ........ ., ........... a-..,lhtbeDelll:tI.lIe'*dl&..-1Wr ~-....... . . "'2441 KJ-M::OGI ~70211) 235-60 --------- First American Title l I I. [ I ------------------------------------------------- First American Title .. ~ ~-~ 77'"' -:---'yz;~,--- STATEOF\\'ASHIXCt'O. .... I SS ~BANSCII a.lhDd.o~~,~'''''','"'_ J~WES ~.:;~~:~~::~~;;~~;;~i.~' .. _ ~ ... tw.1hll1tdh...,..,,1 ..L. do.:ri\w!d in .............. ueul"N! tt- ~ !IifIned !be __ ill ~ rift ADd vohuttar).. lid mil "-I r ... CI\'£',; UIIISI!r m)' hand and nO'I!:UI .. ~I ttri'I .-P.""'!: Ill)" "f stATE(lf'W.wm.'CTON I ' " O'rhia~·~·a~b..f'"_ ID IIIf' knaoo" IlItl1" lbe Individual _ des:rihr:d in .nd wlIo ewmlilld the "'!hln 100 fCftlllllnlt I~ ..... ~ 'hoi' __ . __ ~ .. _ .. ____ , ..... ...d vohaatuy.a.nd deed f .... !he _ enu ~ IherNo ~ STA1EOfWA5HIX~ I SO COI1NTYOf I On Ihlo m.,-~ '"PPN.ed bo.f~T'I! IDe III ... knu.n m be ... indIriduaI_ deK2ibed ill and .. iJo ~11!al11'd Ihe";!bin"'" r ..... ~L.and ~ m.r ____ .... dw _. ____ fTN and ."DIanl~· ad and dHd f .... tht usa.-l purp<ISO!$ltMftln ........s...d ~ __ '~ .. · ..... nclffldal_dm. __ ..., .. _____________ _ !110m,: I'IIbIic ill mel for dIl! Stale 01 W~ .......... , ... __ . :~""~ .. ~.§~~ .... ~.~ .. ~~~~~~~~~~~~~.='.~ . t.I ........... ~~~ ... _·_111...... -= . .......,..cI lite corpanIIoa U ~ .. ,.... ____ ..t~lbealdinla-."lbe~ .. lrnandvulam.ry«l-.... of..nl~lor .... --.tpgrs_-- ___ MIII_ ........ , IICIIhorbod .. emadltd. aid .............. is. .. IIIbied it eo. ..,.... -' 01 Aid CIIilponIIaL ..... .,. t..d .ad GIfidaI -' __ iiIftad lilt day IIDd ,-rinf above .nae.. ·~~._for .... 8Wt .. w ........ -- ,,..--."'--------..,.------~-~( First American Title I I I First American Title Tl ~ " z c " l! W· ~-'~i ::H~ Q ~ -.. I~ ~-E~ ~5 !o! ~e ~~ .. ~ --~:: ·W u S ~. I • • • tllfO lor RaId at Requc:Sl 01 _. i£? .. 1J. ~ " a ~ i ~ • >:! ~ ;;: .. ~ " - __ "',. .•• f ... r. .. fib? I' an' -... ' __ ~£.~ .... ::.;ttl!.::~:. ....... W~.A:uZ.:llIIlIOI!j)"'-i. Df.I:LAI.A'!'IOM" OF 1WIDIBII'!' {lDgrea8. ~ • 8«:111«:1 .. 1 i a: 'IE ..... IsmrD. declU-aDu. tidl.ud B. Btatll. aDd Jaa1a L. .. 5 t. ~ of U. foUOII'i.ag ~ lad located 111 tiDg c:c-.t;y ..... t4 Of WIt8b.i.Dgt.oa. to wit: ~ .... t:. 1/2: of U. BaIt l/a of tile IIortIDte8t 1/01 of the ... 3 t:. 1/01 of me eo.u..ut 1./4. IIlCCIPt U. IIott.Il 30 , .. t u.not: fQC' ~. aU 1a a.ct1aa 15. ~p 23. augo !!i But •• !!.. ill &i.Dg Coaaty 8uId.Dgt.oa.. u..o ..... _; hrcDl .. &-of nag CCIIaIIty ilion. 'b,t ...... 574002. DO.aD1' daft.., dec1are..s dldicau U. rollOlf'1Dg ...... t CJIW'U'. ___ imd ~ tbe fo11a.iag p:lrt.iaa of U. ..... ~ ... a L,: tile s.t .. f_t of U. .artII 410 _ .-_ ...... d In. 1M IIOIIth ...,. of tile roat.ay (JkIrtIl Pi , 1 Lt tiDe). IWD ... • ... _rrt b 4)nIlhd to: ftIe But 1/2 of tile Baat 1/2 of U. ~t. lit of tbe ....u..t 1/. of 0. 1kJatMa:t. 1'4. ...:.pt U. JIIxtIl 30 fMt t.bereof for ro.d. all ill lect.ioe 15. 'r hip 23. Ragit 5 But ••••• la Kbg e-ty _. ~------~. --.-= .. ~~= First American Title \ • •• • First American Title 12. Exception 10 9512280617 -- - ·A -'=' ... ~ ~ ............ -............. _ .. - For __ - • • • ,.__ 15;).305 'po/ .. e;,ilioh. c-_-i'/11;' SE· /3':!!.5~ -tally /u1I1>1.-mulOAil5Mr/C" 71l'1/1f1- . SUW RIlE" AND SWOIIH 10 lobo -.... .,lL _ or 1JT!«br119!1S" First American Title i • II I I II ~ •• • -------- ---- First American Title --------------- ------- • • • • " l r . .. ... .. .. , .. I , f,.; I I I J I 1'1 • • • First American Title First American Title ,-- --._----- • • • ~ 1J ,...... 01 ~~ . liO. ?-IrOO) I :-0 i-(')T I C9F '7qo....., {--. " -,1 UoQ{I(c;.--TO ,1fE.--~/IoI!r-" ru-.,..-· ~~ (jHr;r.~ ~iA/6-c.ov~r'( f-E-c;)Q{i(Cr-Nt> 'Ir~;~d:7D (C{EFfi/lliJ{ett:. P~h'r ~ ~/'IT' I£~c&~ ?Zd'Of I'I/Z£ "!l'E /3(74' ~T ~b/ /.v-1 'f&:6~ . First American Title • • • Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, W A 98057 Title: LATECOMER'S AGREEMENT Property Tax Parcel Number(s): 152305-9170;' 152305-9100;152305-9066; 152305-9201;692800- Project File g: PRM-27-0037 0560; 692800-0570; 692800-0580; 692800-0590; 692800-0600; 692800-0430; 692800-0420 and 692800-0410 Grantor(s): Grantee(s): I. City of Renton, a Municinal Cornoration I.Classic Concents V, LLC Complete legal description is in Exhibit "E" oflhis document. LEGAL DESCRIPTION: A portion of the East Half of Section 15, Township 23 North, Range 5 East, W.M. in the City of Renton, King COUDty, Washington . p.. nus AGREEMENT made and entered into this.s day of m~ by and between the CITY OF RENTON, hereinafter referred to as "CITY," and Classic Concepts V, LLC, hereinafter referred to as "DEVELOPER"; ,201.L WHEREAS, the "DEVELOPER" is desirous of installing certain wastewater systems and appurtenances thereto at, near, or within the herein below described property and to connect same to the "CITY'S" utility or road system(s) so that such improvements will constitute an mtegral part thereof; and WHEREAS, no other property owners or users are presently available to share in the cost and expense of construction of such improvements, and the parties hereto having in mind the provisions and terms of the "Municipal Water and Sewer Facilities Act" (R.C. W. 35.91.020, et seq.) and street latecomer's legislation (R.C.W. 35.72.010, et seq.); and WHEREAS, the "DEVELOPER" is willing to pay all the costs and expenses for the installation of said improvements; NOW, T.HEREFORE, IT IS HEREBY AGREED AND CONVENANTED BY AND BETWEEN THE AFORESAID PARTIES AS FOLLOWS: Page 1 PRM27-0037: CLASSIC CONCEPTS V, LLC LATECOMER AGREEMENT SE 2ND ST & SE 2ND PL I. The "DEVELOPER" hereby acknowledges and covenants that he is the owner of the following described ~roperty, to wit: See Exhibit "A" and the "DEVELOPER" hereby agrees and covenants to cause to have installed the following described improvements, to wit: I. 843 linear feet ofS-inch PVC Sewer Main 2. 3 48-inch diameter manholes and such installation to be made in full compliance with aJl.applicablc codes and regulations of the "CITY". The "DEVELOPER" further covenants and warrants that all expenses and claims in connection with the construction and installation of the aforesaid improvements, whether for labor or materials or both, have been or will be paid in full, all at the "DEVELOPER'S" expense, and the "DEVELOPER" covenants and agrees to hold the "CITY" harmless from any liability in connection therewith. 2. The "DEVELOPER" further certifies that the total cost of said construction as hereinabove specified is $137,146.56. See Exhibit "8" attached hereto for the legal description of the boundary line encompassing the lands affected by this latecomer agreement, and see Exhibit "C" attached hereto for the map showing in outline the land affected by such additional charges per the tenns of this agreement. The total amount of the cost of said improvement shall be employed to detennine the pro rata reimbursement to the "DEVELOPER" by any owner of real estate who did not contribute to the original cost of such improvement, and who subsequently wishes to tap into or hookup to or use said facilities, which tap or hookup sball include connections to lateral or branches connecting thereto, all subject to the laws and ordinances of the "CITY" and the provisions of this agreement. Page 2 ~-------------------------------------------------- PRM27-0037: CLASSIC CONCEPTS V, LLC LATECOMER AGREEMENT SE 2ND ST & SE 2ND PL The method of detennining latecomer payments shall be by: Per unit connection The pro rata cost is $5,714.44 3. It is hereby found and determined that the construction and installation of said aforedescribed improvement is in the public inierest. 4. The "DEVELOPER" hereby agrees and covenants to convey, transfer, and assign unto the "CITY" all rights, interest and title in and to said improvements and all appurtenances and accessories thereto, free from any claim and encumbrance of any party whomsoever; "CITY" agrees to accept and maintain said improvement as part of its present system upon approval thereof by the Administrator of the Public Works Department or hislher authorized representative and after inspection of said construction. The "DEVELOPER" further agrees and covenants to execute and to deliver unto the "CITY" any and all documents including Quittlaim Deeds and Bills of Sale that may reasonably be necessary to fully vest title in the "CITY" and to effectuate this conveyance and transfer. The "DEVELOPER" further agrees and covenants to pay unto the "CITY" such service charges or other charges as may be imposed by the "CITY" for use of the improvements for which this agreement is granted. 5. The "CITY" reserves the right, without affecting the validity or terms of this agreement, to make or cause to be made extensions to or additions of the above improvement and to allow service connections to be made to said extensions or additions, without liability on the part of the "CITY". 6. No person, fIrm, or corporation shall be granted a permit to use or be authorized to tap into the facility during the period of 15 years from date hereof, without first paying unto the "CITY", in addition to any and all other costs, fee, and charges made or assessed for each tap, or for the main facilities constructed in connection therewith, or for street, signalization, and lighting improvements, the amount required by the provisions of this Page 3 PRM27-0037: CLASSIC CONCEPTS V, LLC LATECOMER AGREEMENT SE ZND ST & SE ZND PL contract except such charges shall not apply to any extension of the main facility. All amounts so received by the "CITY" shall be paid out by it unto the "DEVELOPER" under the terms of this agreement within thirty (30) days after receipt thereof, less a 10% administration fee. Furthermore, in case any tap, hookup, or connection is made into any such contracted facility without such payment having been first made, the legislative body of the "CITY" may cause to have removed such unauthorized tap, hookup, or connection, and all connections or related accessories located in the facility or right-of-way, and dispose of such unauthorized material so removed, without any liability on the part of the "CITY" whatever. It is further agreed, and covenanted that upon expiration of the terms of this agreement; to wit: 15 years from date hereof, the "CITY" shall be under no further obligation to collect or make any further sums unto the "DEVELOPER". The decision of the Adminislrator of the Public Works Department or hislher authorized representative in determining or computing the amount due from any benefited owner who wishes to hookup to such improvement shall be final and conclusive in all respects. 7. It is further agreed and understood that the aforedescribed improvements to be undertaken and paid for by the "DEVELOPER" have been or are about to be connected with the utilities/transportation systems of the "CITY", and upon such connection and acceptance by the "CITY" through its legislative body, said extension and/or improvement shall be and become a part of the municipal utilities or transportation systems. 8. This agreement shall be placed for record with the King County Auditor's 'Office within thirty (30) days of fmal execution of the agreement. 9. Before the "CITY" will collect any latecomer's fee, the ''DEVELOPER'' willttansfer title to all of the improvements under the latecomer's agreement to the "CITY". The "DEVELOPER" will also assign to the "CITY"·the benefit and right to the latecomer's fee should the "CITY" be unable to locate the "DEVELOPER" to tender "'!y latecomer's fee Pagc4 PRM27-0037: CLASSIC CONCEPTS V, LLC LATECOMER AGREEMENT SE 2ND ST & SE 2ND PL that the "CITY" has received. The "DEVELOPER" shall be responsible for keeping the "CITY" informed of its correct mailing address. Should the "CITY" be unable to locate the "DEVELOPER" in order to deliver a latecomer's fee, the "CITY" shall undertake an independent investigation to determine the location of the "DEVELOPER". Should the "CITY" after a good faith attempt to locate the "DEVELOPER" be unable to do so, then the latecomer's fee shall be placed in the Special Deposit Fund held by the "CITY" for two (2) years. At any time within the two-year period the "DEVELOPER" may receive the latecomer's fee, without interest, by applying to the "CITY" for that latecomer's fee. After the expiration of the two-year period, all rights of the "DEVELOPER" to that fee shall expire, an~ the "CITY" shall be deemed to be the owner of those funds. 10. When the "CITY" has received the funds for a latecomer's fee, it will forward that fee to the "DEVELOPER" within thirty (30) days of receipt of the funds. Funds received by negotiable instrument, such as a check, will be deemed received ten (10) days after delivery to the "CITY". Should the "CITY" fail to forward the latecomer's fee to the "DEVELOPER" through the "CITY'S" sole negligence, then the "CITY" shall pay the "DEVELOPER" interest on those monies at the rate of twelve (12%) percent per annum. However, should the "DEVELOPER" not keep the "CITY" informed of its current correct mailing address, or should the "DEVELOPER" otherwise be negligent and thus contribute to the failure of the "CITY" to pay over the latecomer's fee, then no interest shall accrue on late payment of the latecomer's fee. II. When authorize<t"by the City Council, a latecomer's agreement can be granted for a period of up to but not to exceed 15 years. No extensions will be granted beyond the period of time established by City Council. The latecomer's agreement will expire at the end of the period of time established by the City Council. 12. By instituting the latecomer's agreement, the "CITY" does not agree to assume any responsibility to enforce the latecomer's agreement. The recorded latecomer agreement will be a matter of public record and will seive as a notice to the owners of the potential Page 5 PRM27-0037: CLASSIC CONCEPTS V, LLC LATECOMER AGREEMENT SE 2ND ST & SE 2ND PL assessment should connection to the improvements be made. The assessment roll listing the affected properties and the pro-rata potential latecomer charge for each will be on file with the "CITY". The "DEVELOPER" has responsibility to monitor those parties connecting to the !mprovement. Should the "CITY" become aware of such a connection, it will use its best efforts to collect the latecomer's fee, but shall not incur any liability should it inadvertently fail to collect the latecomer's fee. Page 6 PRM27-0037: CLASSIC CONCEPTS V, LLC LATECOMER AGREEMENT SE 2ND ST & SE 2ND PL ..... , .' .' ," " ~ . ..--."", " ,.~.' ,;" ~".\. .. : . ,..~ ,.\ • ·~6i .: .~ .. I' • . ,-\" .... , ........ ~ ,~. ;".. ..... : .. , I ·.:·'i, <. \ .. ~ . . ..-. .' ul . ~. :' «: . ", •. r ' . . ; . t , .• , • •.. : <',.)' :.:' ~ ~ " u·. : ,,_ i CITY OF RENTON ~ By ~t,2lbL '.0'. "', .~, \ '" v. 0" ..... ·.: .... .., '" .. ,' .... ." 'Ma ems Law By: ~n:" tda/.t.Arv > -I •....... ~~ / ..... '.:. \1('-~' " t' U," .• _ .. •·• Bonnie I. Walton, City Clerk STATE OF WASHINGTON ) ss COUNTY.QE KING ) On this ~ day of ~ ,20J.l, I certify that I know or have satisfactory evidence thal ~ is the person who appeared before me, and who signed this instrument, on oath stated that she was authorized to execute the instnuncnt and acknowledged as the Mayor of the City of Renton to be to be the fr .. olunlaly act for the uses and purposes mentioned in the instrumenL Page 7 PRM27-0037: CLASSIC CONCEPTS V, LLC LATECOMER AGREEMENT SE 2ND ST & SE 2ND PL By: By: INDIVIDUAL FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON) SS COUNTY OF KING ) I certifY that I know or have salisfactory evidence that signed this instrument and acknowledged illo be hislher/their free: and voluntary acl for the uses and purposes mentioDed in the instrument NotaJy Public in and for the State of Washington Notary (Print) My appointment expires: Dated: REPRESENTATIVE FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )SS COUNTY OF KING ) I certifY that I know or have satisfactory evidence that signed this instrument, on oath stated that helsheithey was/were authorized to execute the instrumenl and acknowledged it as the and of to be the free and voluntary act of such party/parties for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington NotaJy (Print) My appointment expires: Dated: CORPORATE FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON) SS -COUNTY OF KING ) \\ \ \ \11111" III/ On this '1 +II day of tY\ &>. " 20lL., before me personally appeared ",\,\' c:,AN "'" IIIIII~ !VI\; IVA V Y\.P~A _H to me known to ~' .. ~ ........ ". "0"" be ~t=<-('{a~ of the corporation that ~ ", ~\Sl/o '" ~ ~ .... o~· "~ ... ~ ~ executed the within inSfrumcnt, and acknowledge the said instrument to be the free and ::. ! (j NO '-'II,> ~','" ~ voluntary acl and deed of said corporation. for the uses and purposes therein :: : ... J.-:: :: mcntion~ and eacb on oath stated that he/she was authorized to execute said ~ ~ \ "'USt ~ ./ ~ instrument Z~ Ibe seal affixed is the corporate seal of said corporation. ~. ., &. ~ ;. ~ \"0. ", ~ A AI .., ~ ~O":~'20'~""o+ ~ ~ /Jf. (A::j ~ """" ... "'ASHi~<><; ",,~ Notary Public in and for the State of Washington ""11"'"11111\""\ NotaJy (Print) .s USVln /Y\. Co blc;....- My appointment expires: Dated: s-.q -Ii [0 -9.. -l1:::. Page 8 .': EXHIBIT A . LEGAL DESCRiPllON: pARCEL-A LOTS 54, 5~ AND·~~. PUG!=T COLON'( HO¥ES,ACCORDII'.JGTO THE PLATTI:!EREOF RECORDED IN VOLUME 86 OF PLATS,.PA,G,E 59; KIN~ couNTY. \N,b.:;;HI~GTON PARCELB THE WEST 37 FEET QF. 1,.01 1i1' AN.!> ~OT 62, £;.X¢EPT THE WeST 19 FEET THEREOF, ACGQRPING TQ THE PLAT njEREO)= RECORDEP 1/11 \l.OLUME 86 OF PLAn;; PAGE !i~, KlNGCoUNTY, WASHINGTON (ALsO KNOWN Aft A POR.llQIII Of KING.' COUNTY LOT LINE .ADJUSTMENT-/IIUMBE.R 8812{)25. RECORDED UNDER RECORDING />lUMBsR 89Q4OE!06(i2) . . . PARCElC . . THE WEST 19 FEET OF LOT tl2 AND ALL OF LOt 63, ACCORDING to. THE PLAT T~ElRE'o~ RI,::CQRDEQ IN V9LllMEB6' OF pLAts, PAGE 59, KlN.G· COl,lNT'i', WASHINGTON (ALSO ~OWN A;S A. PORllON 9FK;ING ·CQUNTY. LOT liNE ADJUSTMENT NUMBER B8t~<i25. ReCORDED LiNiJER RECORDING NUMBER 8904060602). . '/ ." EXHIBIT B Sf 2nd Street and SE 2 nd place Sewer Extensions latecomer Property That portion of the northwest quarter of the southeast quarter of Section15, Township 23 . North, Range 5 East, W.M., in the City of Renton, King County, Washington described as follows. BEGINNING at the northwest corner of said subdivision; thence southerly, along the west line of said subdivision, to the northwest corner of Lot 4, King County Revised Short Plat Number880059, recorded under Recording Number 8302011019; thence easterly, along th~ north line of said lot to the northeast comer of said lot, said corner being on the west line of Lot 2 of said short plat; thence northerly, along ?aid west line to the common westerly corner of said lot 2 and lot 1 of said short plat; thence easterly, along the common line between said lots to the common easterly corner of said lots, said corner being on the west line ofTract A, King County Short Plat Number 574002, recorded under Recording Number 7503030294; thence southerly, along the common line between said lot 2 and Tract A to the common southerly corner of said lot and tract; thence easterly, along the south line of said Tract A to the common southerly corner of said Tract A and lot 2 of King County Short Plat Number 28003, recorded under Recording Number 8008040570; thence northerly, along the common line between said Tract A and Lot 2, to the common westerly corner of said lot 2 and lot 1 of said short plat. Thence easterly, along the common line between said lots; to the common easterly corner of said lots; thence northerly, along the east line of said Lot 1, to the southerly right of way margin of Southeast 132nd Street; thence easterly along said southerlY margin, TO THE POINT OF BEGINNING. TOGETHER WITH that portion of the southwest quarter of the northeast quarter of said Section 15 described as follow; Lots 41,42,43,56,57,58 and 59 of Puget Colony Homes, according to the Platthereofrecorded in Volume 86 of Plats, Page 51, records of said county; AND TOGETHER WITH Lots 60 and 61 of said plat except the west 37.00 feet of said lot 61, (also ·known as a portion of King County lot Line Adjustment number 8812025, recorded under R",cordi~'f"tIM!m:~~~ ,-------------------------------------- ""'1 ...... . /.... 'LAjEcoJirt;/il;;EE~NT VICINITYMAP· .. · .. ' '. ' SE 2ND ST & SE 2ND PI SEWER EXTENSIONS ., SCALE: 1" =.150' LEGEND '.' £XIS!ING SAMTAKY.!EIfR . , IJEl£l.CffJl's PROf'fHTY . C9 '. ExisrTHr; MAMtaE . --,---.-.. PIf(Y'(J!l1) sAHlrARY 9!JIfH EXTfNS10N ----. IAlFJXJII£R FJaJNfJAKY ~ . BiMmm PROPERIirS . . ... (} . ~ AWIHf1£ .~'. . . : .' ,'II J '1'" " ... ~. . •.. SJ ,'ioi._: __ . S H OR T'~LAT-N~ O--:'is6ciJ-' "-~.": '. ,: '., .,.. .-',' S.-2s T . ..E_ R . .3_' K1N.G C~UNTy,~~.H~~GTON [ . I, .. ::,. Thi $ filed foe recoed at the r,c!Juest of: .JMM!~ Hanson APPROVAL J I Name 'M " ,~' ~.~ f}t!p3rtllrent ot Assessmellts _-5,.) . E~6r.iifled and approved' t";i~ ,.'-,-_:=:c:..c:::... __ . .,., dalj of ~ . . , , 'ooC 'Return to:.. ,-, I '" .1!-j-Bui~iiig & .I4r1b~.Zopment '.' ., ~ I 450 KC Adlli'''~.,t''!'tu>n B¥lg ~ "Seattle~ r{ashington 98104 . . . ' , DES~RipTU)~ . } J!:S'sess"'l": . , " D-.,VY'~" Depu~ OJ :Ass~s~or . 'TOTAL AREA: r' ~. Parcel I of"Short Plat No. 574002 •. record~d ,under Recording: No • . ' 7S0lQ3~02·94~' being a shon plat of: . The' E~~t %.'Of the; Nw .. \ of the NW.~ ~f the SE \: of SectiOn 15, T,23,Y.J R 5 E., ".M.; EXCEPT the'Not'th 30 feet thereof t;onveyed to king'c<'unty for road 'by de~d r~corded'~der Recording No. 740923-0526; AND EXCEPT ·.n coal .~d minerals: and' the right to e~plore for and mine' the abe. as 4!oxcluded llf d"eed recorded 'meter RiC''Jrding No. 241250; Situate. in the County of kini.' S~8te of. ~.shtn8t:on,. -. ,;, The North 500 feet of '·th.e East % of the East % of the ,NW t of'the NW· \: of the SE 4: of Section IS, T 23 N •• R: 5 E~f'W.H., in· it:..ng County. Washingt~n" LESS North 30 feet for road. SUBJECT TO easement for ingress, egre .. , arid utilities along West 30 feet; EXCEPT' eoa1 and ,miner ... I rir;.ts reeordedunder Recording No.' 241250. ' the 'East % of the East 1.; of the NY -\;,of the NW \: of the SE 4: of Si'r'Ufln lS. T 23 N •• R 5 E •• W.M;, in Kin(C County,. Washington. LESS the North ,500 feet; TOGETHER WITH an easement for 1r.&ress. egres.s, and utilities' dong the West 36' feet of the North 500 'feet·~ ~e5S Nort~ 3D feet fOT road. p'!XCEPT coal and lDinenl rights recorded ur.der ~eeordin8 No. 241250. " . , r . NOTE: Cluring 'and road construction, to be limited to West 15 feet of easeme.t t • Map on File ir .. Vault .. ',' .'. , ;. j 'j 'i , I , I I )" , I" " . :.: - r~~r~~:::" i>:.,' 'i ~' ' ¥ ~ ... ;ic ~,~:, I ~,' i I'~ f" i'~~ ':'. .~:.'- c) ... , .. ", ~} .-.) D ,.':)., ,(l) " ': . j / / RzeP"'R~J) 1:1";: J ~M.GS C, ,A/AA/Se>Ai 1'7'/ ;J.S" ~ ;-_3 <1' '1-H n- 12.E-NTVhI vi,;. 9~o::;" 2-2-cD-S-)</-z. l ) --~ ; ,= "~ .. . ;;' . ".: j}07f3: . 4N~ .. / Cl."I_l/C,.::.-r , c'-;.!.£--:"~/A/t!: ,/-Ia . r'1,(orC,SB'D' ;"'or,,,V . '/lII~'ST .de; .ANl/tl?G·;) ANI) 'F-';>r"'d(/e,~ a>, ,h',.,-2/(w,ivoA/ c.P )/,/DR. >'UU""<; N Map' on File in Vault Direction, vJ -.------. +-t -' -- , r' . Scalt!: ,. ~ ieD . II' 60 0 4 r, ,';(( Paqe ~ol....te- =i.';· " '1 .~ .... r . 1iI" : . . , .. .;::)' 1'- Lt) o ~ . <Xl .' .' :" ." .- 'DECu\RAT .ION: . Know all-men-by these.'presents tnat·'we, the Undersigned, owner(-s) .in fee- simple land" cbntract" purchaser.{s).} . of the rand' herein deser-i·bed do' here":' by ·.irake a short subdi'/iIi'ion. thereof pursuant to 'RCW 58 . .t 7.060 and d6cla,ra tn~~ ~hort plat to" be. th~·graphic; represeil:tat~on 'of -same', and that" ",said'" sl1O~t' subdivision is made with the -free'"consent and in' a~cor(fance with . ,th'7 ~desire of "the 6wne-~ (8) • -.- In wi tne"59 whereo'f we have -':.et bur /}" d--(.(;..~'-jfvCly~",,' '-7-,'!tU'«L ~ Name--; l'~' . i .. ~J,(":. i ;I( .... Name- STATE OF'wAsHINGTON County of-ss. ···~i).,':: .. p "." -.• On this day_ p~!:8onaHy -appeared before n;e v. _ /;:11,' F' ''--'/~ i '", '~/:{;"j,-:' ,~-: .. r .. ~/\.... ._~ " to me k,noWl to" be the. ilfd·irJiduaZ described-in,G.J1d tiho erecuted t11e r.Jithi·~r.:-a=n::-d"'f;:o=,..=g=o=<;:·n::g: inatr'Wnent, and aaknO~l"e4g"ed-that. ~'f -'signed the Bame as JJfI6@..:._ free and . vo~untary. act ar.d.· deed~ fol' the uses a,:d pUl'posas thel'ein m8Jzt1.oJ1;J. . . G lVEN ~Jlder my hand and 0 r~it:j-a! ~ec; Z 19~' . ~.' BBal ". '. ;, '. STATE 'OF 'WASHINGTON 'CoUhty 'of' ) 'Ss~"' ) -, iJo 'I U; to me'1cnown to be the -z.Pid'itnduaZ. described ir. and !J ~ execute the c.rr..thu. .-t""~t, and <reJCna"ledtjei t"".; 1H~y; , .• igned the eame ae Tlt£112... 'tJOlri1ltary ac! and '~ed, fol' the:uses and pu1'!JOse~ .theroeir. "l71elltione4. jangoing ··free tind GIVEN under ~hand 'ar.d official 8ea! this, <lay!?:-_ thit{ 10 . 19 ;.~ , !10{, :~~1: /' ' F-2aB.8 6/7.', seal . ~t:.-~ -; (~ffst4.-&i-'-' -' . Notary PuhU« ir. ·~t!111. sM of" .' ·Washingtoy.; b1siding at ~E.u..E:\JL.J£: .. 4 . Page ~ of _~,,',,-__ _ . ~. - ,.-' ~:I ~ , 0' ,~' Ii, p fi i . ", . ~'. ·~:~l·. ' .. ',', J,..~:-. DECLARATION :' . :. O. K.no:w-all :mer:'l by 'the;:;e" pr~sen.ts that we, the undersigned, Dwner(s) in. ft;e ~i~ple ·(a,no.' ~on1;ract purchaser(s) l,of"the l~nd h~re~n .c;1esc:rioed-d~ here-' ,by m:ak~ a",-short .'sub~ivi6i.on th~reor.pursu.ant to RCW 5S:·17;060-ari: ieclare. t1.lis short plat.'to.:b.e. the.,qraphic l.·e'presentatiQn',of 'same, 'and ,that said short:subdivision--is."made with the free consent and in~ordance with the. desire .o~ t:.~ ·~~;WfU!~'-(S)".· . . . . --. ------. . ~ I_n 'witnes's whereof we have set our hands and se~11s. Name-i,:~· .. _·.~:;.;:). ;l.;J.r!'i!:;. A~,.,-::;it.f2;L I,'ice Pt'Gsident Name-. STATE '.IF WASillliGTON' county of .-l~g 55. . -(lame !'-.~ to fflS kno-..m to be the indirndual des!:ribed in a~d u'Jio ezecuted th~ 1A.!i~hin and foregoi~g~ inatzvnent" and acknowledge'd that :' he" ~ signf:Jd the. same 'as . "hi;:; free and . l(l o . -.;r a5 o g 'Uol1D'1tary aat and deed,-for" -the uses ·ar.d purposes 1;herein "mgntioned. .. ," ."\". .. ' ."'." '." . ~ .,' . ,,'" STATE OF WASHINGTON 'Co'unty of, ) ) 55. .' on this day personally appeaio~J before me _______ .:..._-,. ____ -'-__ _ to ·me 1cnorm to be the i7jiividtia'l. 'de8cr"ib~d in a",.d w1w e~ecut~d the cit'hiJ1 ana /ot-egot.ng instrument, and" ac1cnot.Jl8dg~d'_:i1iat .. ' . . signed the same as : . free ana . voluntary act Clnfl. deed, for ~~ uSes tind pUPposes'thereir. "len~oned. GIVEN -ur.del' my hand and · ... f!if!icl -se,:! this ,day 'or ___ ------>," 1,9' ___ _ ~ seal SHOIIT PU.T NO. Z800;;/ £'-2088 6/79 .JJ;tary 'P!¢JUc in and fo1' the State of' . Wa~hingtoY':.., residing at _______ _ . .. ---, - ."." . ,'/ ""\ . "'\'.). ./ " , j ;.'j i '.! .. , , " • . . ' "'~, ... , ,·,,,w' ,,' ,., • DECLARATION OF EASEMENT (Ingress. egress « utilities) THE UNDERSIGNED. declarants. James C. Hanson and ,"owners of the following described land located .. ," I!~.a.t.e Of Washington, to wit: .': .' Voyce A. Hanson. in King County. .",' ...... ~e East 1/2 of the East 1/2 of the Northwest 1/4 of the .: Nqrthweflt .... 1./4 of the Southeast 1/4. except the North 30 feet . tlier,tiiQ.f'· for··road aM .... ,except the South 166.47 feet thereof. all in sect:l6n ,.1.,5. ': to~ship;' 23. Range 5 Bast W. M. • in King county W ·h;l.ngt'O"'" ,'r",,' . '" .:" a~:. .,' .~;. ;: .,! I,"'.,:~i ,"";" ...... Al.sO/Kn6WD as;)LO{ ,t" "of Xing County Short Plat Numbewr '., ....... " .,i .i :: ... /iaaOltj:i'-.80Q"8040570 ':;. ,,:' .t'·: .. :.':' ,,':'::, .;.... '."" .f '., J'. '",.5' ,., DO HEREB:Y""deflne~ de.c::lar~;lD4dedicate the following easement .over. under and acroSs the.: 'folloWing portion of the above described property:·':· ...... " The wes~" 20/'feEii .6ffb~···Nort~:::·470 /~:?measured frOlll the South edge of the roadway (the'w.llst/'aO\ffiet/Of said parcel) .~ , .... :,'./ :{ SAl;!;) EASEMENT is gra~ted ~o:i," '. ''''''., .'. ,," ~ West 1/2 of the ·"Bast.:il~i';f ~b:i!!''''N()rhwe'::>~/4 of the z,rorthwest 1/4 of the soutii'~ast /il ~', ,i"except' the:i Ngrth 30 feet ther'e'of for road, all in Sectioh 1is,/ Township.·' a~, ",Range 5 East "::'W • ~.~ .':;In 'lCing County Washington ,"'" ".,' .,":' ".. .' '. : .' .' ;'" .iled Known as: Parcel "A" .. i' .. / ..... , .. "',:. 574002. . "'. ~AID ~I;J~ i~. for the purpose ·'··,and~s".iI q.6ne~cJ:us:t,:y~ easement. ;i~ES~ m~.~~~ .. t'~s'd.3rJ day .•. :,t :(" .... ;.. .' James of Kiri'!),,,·Count'y."Shc)rt Plat NUllber . .;" .... .; " . .':" of ingress. ~rees and utilities and Voyce A. Ranso. Q~~~,b4'....t.~~~~~!:S:.L ____ . Owners. STATE OF WASBni~os··'{ ..... ) ,:99. COUNTY OF KING ) .' .," ... ,..... ..'-. I C~.r;t!fY l;,l\at I knO~'.?ih~vl s;j~i~facto~y .~yidence that ~ c.~ {JI~4.1.4"""''j., " l,ligned"th;f,s/instr!lDlent, on oath ate<! tbat he as authorizEl~/ tq: er;Xec:fut,e·/the. instrument and acknowledged it as owner to be a fr9'e ~nd.'vo.l~nta';Y;, acton .. ,his part for the uses and purposes mentioned"in .thi.s'·'in!3tfUmep~', .... ,). ..... ':. Dated: ..r ......... . .:: '.: :i "-.< '.~ .. ) ...• .," . , ..... ... l .:, :~ ./ .,' :: .' .. ' .... : .. .:: ............ . "" .. , .. ". ":': ." ':;" ::' '.\ .:, ... : ........ : . .... ':';':, .. ",/ ':,. "''',,' '; ..•• ,,', :, . flLi:.u lOr t{acora at Ket:lu~S[ OL.: IUmeJ~ .. -... ---·· A.d4reas., IJ8J£ f( 'rI~..s.t __ _ Rfu-td" t...1A ..11P..f!L------ 'i f .;" .", "",;, \:.: ,,-'" .i' .;; .{ ':.' ..(":"-< {!5C First American Pat Fullerton (206) 615-3055 pfullerton@flrstam.com To: WestPac Development LLC 7449 W Mercer WAY Mercer Island, WA 98040 Attn: Travis Defoor King County Title Team One Fax No. (866) 904-2177 Jennifer Salas (206) 615-3011 JsalasOflrstam.com Re: Property Address: 5013 SE 2nd Place, Renton, WA 98059 Supplemental Report 1 First American Title Insurance Company 818 Stewart 51, Ste 800 Seattle, WA 98101 Phn -(206)728-0400 (800)826-7718 Fax - Tina Kotas (206) 615-3012 tkotasOflrstam.com File No.: 4291-2122510 Your Ref No.: QPID-12170 Dated: January 24, 2014 at 8:00 A.M. Commitment/Preliminary Report No. 4291-2122510 dated as of January 07,2014 (including any supplements or amendments thereto) relating to the issuance of an American Land Title Association Form Policy is hereby modified and/or supplemented as follows: Paragraph no.(s) 9 of our Commitment/Preliminary Report has/have been eliminated. The following paragraph noes). 13 has/have been added to our Commitment/Preliminary Report to read as follows: 13. The terms and provisions contained in the document entitled "Ordinance No. 5465" Recorded: November 05, 2009 Recording No.: 20091105000541 Pat Fullerton, Title Officer Page lof 1 - j--.. ~- , .' , :: ;:: c "-' ,-;;; <.> '" <:: I "i '" ... S! ~ -~ , • • • CER'IroUE I. tile u,,:crslgned. W'I Clerhltlle City 91 Renton. W.s~Jn&tDo. ct!1iIy tIIat tills is a true -S<llscriJed!lld -_ or ~ 'I!/, .•. -~ cmr OP RBItl'OI<, lIASBIIIQ'l'())t ORDIHAIICB NO. 4612 III OItDDIIIrCI: 01' 2D CI'I'I' em 2D'ftII, DSIIDGIUi, UDBLISIIDIQ ... aSDSSIII"l' DIBDl:Cf 'ro& s.&II'l"OJr1' naa sanC8 Dr A ~c:. Ol' 'IBB 8OD'IB mCIKLUIDS, &IUIID DOIIU,. .IIID II&PLI:*lOD SUB-BUDfS &lID DJU.L%SBIIfQ 'IIIK .aaamrr or 'D!B CBU.GI Ul'O!I ccauctXOII' 'to 1'JIB 'ACZLnzBS. THB CITY COUNCIL or THB CITY oS' JlBH'l"ON, 1QSBIHQ'I'ON, DO ORDAIN' AS POLLOWS: There i8 hereby created a Sanitary Sewer Service Special AJ!Iseaament Dietrift. tor the area eerved by the Bast Renten Sanituy Bewer Interceptor in t.he uort.beut qua&:ant of. the City of Renton and a pottion of ita urban growth area within unincorporated ling County, which area 1e mora particularly described ill Exhibit -A-attached bereta. A up of the service area is attil~ as Exhibit. -B,-'l1:la recording of this c!ocumaD.t is to provide notificatiOll ot' poteutiAl connectioll and interest c:IIaJ:ge. _ Ifbile thiB oomuoetian charge .... y bo paid at any t!me, ths City does not eequ.ire pa)'lDeSlt until ncb time as the parcel is c:ormected to and tbua ))eDefitiDg from the sewer te.cllieiea. The property .. y be Bold. or iD 1IAy' oeM¥' way cbaAge J:IaQ48 without triggeriog the requir_t, by the City, of _t of the cIIargea uaociat04 witb W. II1Itrict, F'Z'JCW II. raciliti.. in W. Special Ao ....... t Di.trict and which properti •• I · • • - - , .1 ~ I , , • • • - ORDINANCE 4612 have not been charged or assessed with all costs of the Bast Renton Sanitary Sewer Interceptor, as detailed in this ordinance, shall pay. in addition to the payment of th~ connection peredt fee ~nd in a4ditiop to the syst.em development charge, the following additional fees: A. Per Unit Charg@, New connections of residential dwelling units or equivalents shall pay a fee of $224.52 per dwelling unit and all other uses sllall pay a unit charge of $0.069 per square foot of property. Those properties included within this Special Assessment District and which may be a8sess~ a charge thereunder are included within the boundary legally described in Bxbibit -A- and which botuldary is sbown on the w.p attacbed as Bxbibit "8.· In addition to the aforestated charges. there shall be a charge of 4.11t per annum added to the Per Unit Charge. The interest charge shall accrue for no more than ten (lO! years f~om the date this ordinance becomes effective. Interest charges will be simple interest.and not c~und interest. !l!!C'UCIf IV. This ordicance shall be effective upon its passage, approval, 'and thirty (30) days after publication. PASSED BY THB CITY COUNCIL this 1.Qth day of Juno L 1996. I· · • • - • • - • 1 01UllNANCE 4612 APPROV1!D BY TIIB MAYOR this lOth day of _J:.un=e'-____ , 1996. Jes Tanner, Mayor Appro~as to fO, rm: . oC~." ..."p~.tt,. 9 -- Lawrence J. Warren. City Attorney Date of PUblication: 6/14/96 ORD.576:5/20/96:as. • I· .' J - . -.' .. -. , • • • • Exhibit A LEGAL DESCRIPTION OF THE SPECIAl. ASSESSMENT DISTRICT FOR THE CITY OF RENTON -EAST RENTON INTERCEPTOR Portions of SecUons 8.9.10.11.14.15. 16. 17.21 and 22 all In Township 23N. J Range 5E W.M. In KIng County. WasJo.lnglon Sacll0II8, TownshIp 23N, Range 6E W.M. All of that portion of Section 8. Township 23N. Range 5E W.M. \yIlII! East of the East right-of-way Ilne of SR-4GS and South of the folfowmg describe,nlne: BeglnJltng at the Inte!sectIon of the East Ilne of said Section 8 with the centerttne of NE 7th ~ thence Westerly aJong said centerline of NE 7th Street to Its In_n with the centerline of Sunset Boulevard NE; thence Northerly along the centerttne of sunset BoulevaId NE to the North llne of the Southeast 14 of said Section 8: thence west along said North llne to the East right..,f-way llne of SR-405 and the tennlnu. of said line. SectIon II, Township 23N, Range &E W.M. All of that portion of Section 9, TownsbIp 23N, Range SE W.M. lying South and East of the following described line: I3<g1nnItlj{ on the cent<:rllne ofNE 7th Street at Its IntersecI1i>n with the centerline of EdmoriD.. Avenue NE; thence Easterly along the centerttne of NE 7th Street to Its intersection WIth the c:enterIIne of Monroe Aw:nue NE; tht:Dce North along oaJd centerl1ne to the South line of the Northeast " of said SecIlan 9; Iben<:e East along said South IIDe to Its IlltersecUon with the centerline of Rldmond Avenue . NE; then<e Northerly along said centerl1ne to Its tntersectIon with the oeaterIlne of NE 10th Street; thence East along oaJd centerl!nc to the East line of aald SecUon 9 and the \Qmlnus of said !IDe. SectIon 10. TOWIIIIiIIp 23M, Range 5E WJL All of that l"'rtIon of SectIon I O. TownshIp 23N. Range 5E W.M. lying Southerly and Westerly of !he following descrtbed 11ne: . BtgInnlng on the West line of Section 10 at Ita tnteraecUon with the North IIDe of the South ~ of the North ~ of said Secllon 10; thetll:e East alo'1,;,!~ North I1ne to Its IntcrsedIOn WIth the centerline of 14200 Aw:nue SE: Southerly along aald ceuterlIIIe to Its fnI<:raocIIon with the North line of the Southeast 14 of said SectIon 10; thence East along said North line to Its IQteraecIIon with the East line of said SectIon 10 and the tamlnus of said line. ...... . , I · • ----------------- • • -~"'''. , ; J • .. • r.gal Description of the Special IIssIssmmt District for the City o{Rmlon -&lsI /!tnlon lnttraptor Section 11. Township 23N. Range 5E W.M. All afthe Sruthwest ic\ of Section II. Township 23N. Range 5E W.M .. SectIon 14. Township 23N. Range 5E W.M. - P"S,2 of3 All of that portiOn of SectIon 14. Township 23N. Range 5E. W.M. described as follows: All of the Northwest 14 of said section. together With the Southwest 14 of said section. except the South 'h of the Southeast 14 of said Southwest 14 and except the plat ofMcInllre Homesites and 'h of streets adjacent as """,rded in the Book DC Plats. Volume 58. Page 82. Records oC King County. WasIUngton. and except the South 151.55 feet of the East 239.435 feet of Tract 6. Block 1 of Cedar RIver Five kreTracts as recordl • In the Book oCPlats. Volume 16. Page 52. Records of King County. WashlngIDn. less 'h of the street abutting said portiOn of Tract 6. Block 1. and less Tract 6. B. >Ck 2 DC said Cedar RIver FIve A£re Tracts. less 'h of the slreet adjacent to said Tract 6. Block 2. and except the South 82.785 feet of the East 150 feet of Tract 5. B10ck 2 of said Cedar RIver FIve A£re Tracts and less 'h the street adjacent to said portion of Tract 5. Block 2. . SectIon 15, Township 23N. Range 5E W.M. All of that portion oC SectIon 15. TownshIp 23N. Range 5E. W.M .. except the Southwest 'A of the Southwest 14 of the Southwest 14 of said sectloIL SectIon 16, Townehlp 23N, Range 5E W.M. All DC that portion oC Sect10n 16. Township 23N. Range 5E W.M .• except that portion oCthe Southeast 14 of the Southeast 14 of the oaliI Seetlon 161y1ng East of the East line of the Plat of Maplewood DIvision No.2 as recorded in the Book oC Plats Voltone 39. page 39. Records of King County Washington and tte Northerly extension to the North line of said Southeast \4 of the So1ltheaat \4 of the said SectIon 16 and except that portIOn of said sectlon lying Southerly of the Northerly rlght-oC-way Une of SR-169 (Maple Valley HIghway!. SectIon 17, Township 23M, 1111ng115E W.u. All of that portion of SecUon 17. Township 23N. Range 5E W.M.. Iy1ng Northeasterly of the Nortbeastrrly ngbt-of-way of SR-I69 (Maple Valley HrgbWay) and EesterIY. of the East r!gbt.of-way line of SR-405 leas that portion Iy1ng gcn<:raIIy W'eet oC the East and Southeasterly line oC Bronson Way NE Iy1ng , i , , ! j , 1 ~ t , I '. • i 1 1 j I · • - - • • • l.tgrzI DtsaiptiDn of tIrt s"..w AsstssmmI DisIrid for tlrtCi/y o{RmIon -fAst RmIonbsl!r!l!plDr • PII,.3o{3 between the South IJne of the NE 3rd Street and the Northeasterly margin of SR· 405. SectIon 21, To_hlp 23N, Range 5E W.M- AD !bat porIfon of SedJon lU. TownsbIp 23N. R 5E WoM. \yIng Northeasterly of the Northeastt:rly rfgbt.of-'!"3¥ Ilne ofSR-I69 (Maple Valley HlghwaJl and west of the East Ilne of the Plat of Maplewood DMslon No.2 as recorded In the Book of Plats. volume 39. page 39. Rtcords of KIng County. Waablngton. SectIon 22, T ............ 23N, Range&E WJI. AD of that portion of Sectlon 22. Township 23N. Range 5E W.M. descrtbed as follows: AD of the Northwest 14 of the Northeast \4 of eaId Section 22 IYInI! Nortbedy: of the SouthodYIlne of the Plat ofMap)ewood Heights as ._dec! in tlJe Book of Plats. ""lwne 18. pap-l t1uough 4. fIeamIs ofKlng Colllll;y. WaabIngton. Together with the NOith 227.11 feet of the West 97.02 of the Northeast 14 of the Northeast 14 of said Sedion 22. • . ... • , I· · r • • .-- -, , .. , ... " , • • • Exhibit 8 EAST RB'frON INTERCEPTOR Special Assessment District 80undary ---Qy~ lZ2ZZI ...... A<A __ ' - ". i 1 , I I· · l. ------------------------------------------------ iii' AIIt.4 ,,.. ~ First American Pat Fullerton (206) 615-3055 pfullerton@flrstam.com To: WestPac Development LLC 7449 W Mercer WAY 'Mercer Island, WA 98040 Attn: Travis Defoor King County Title Team One Fax No. (866) 904-2177 Jennifer Salas (206) 615-3011 jsalas@flrstam.com Rrst American Title Insurance COmpany 818 Stewart 5t, Ste BOO Seattle, WA 98101 Phn • (206)728·0400 (800)826-7718 Fax • Tina Kotas (206) 615-3012 tkotas@flrstam.com File No.: 4291-2122511 Your Ref No.: QPID-12170 Re: Property Address: 4921 Southeast 2nd Place, Renton, WA 98059 Supplemental Report 3 Dated: February 06, 2014 at 8:00 A.M. Commitment/Preliminary Report No. 4291-2122511 dated as of January 07, 2014 (including any supplements or amendments thereto) relating to the issuance of an American Land Title Association Form Policy is hereby modified and/or supplemented as follows: The coverage amount has been amended as follows: Homeowner's Rate with 10% combination discount Extended Owner's Policy: Amount: $320,000.00 Premium: $1,175.00 Simultaneous Issue Rate ALTA Extended Loan Policy: Amount: $To Follow Easement Charge Premium: $To Follow Tax: $111.63 ,Tax: $To Follow $ 40.00 $ 3.80 RECEIVED Pat Fullerton, Title Officer APR 25 2014 CITY Of I~ENTON PLANNING DIVISION Page 10f 1 First American Pat Fullerton (206) 615-3055 pfullerton@fifStam.com To: WestPac Development LLC 7449 W Mercer WAY Mercer Island, WA 98040 Attn: Travis Defoor King County Title Team One Fax No. (866) 904-2177 Jennifer Salas (206) 615-3011 jsalas@flfStam,com First American Title Insurance Company BIB Stewart St, Ste BOO Seattle, WA 9B101 Phn • (206)72B·0400 (BOO)B26·nIB Fax - Tina Kotas (206) 615-3012 tkotaS@flfStam.com File No.: 4291-2122511 Your Ref No.: QPID-12170 Re: Property Address: 4921 Southeast 2nd Place, Renton, WA 98059 Supplemental Report 2 Dated: lanuary 29, 2014 at 8:00 A.M. Commitment/Preliminary Report No. 4291-2122511 dated as of January 07, 2014 (including any supplements or amendments thereto) relating to the issuance of an American Land Title Association Form Policy is hereby modified and/or supplemented as follows: The following paragraph noes). 12 has/have been added to our Commitment/Preliminary Report to read as follows: 12. ALTA survey by Barghausen Consulting Engineers, Inc., dated January 24,2014, under Job No. 16834 discloses the following matter(s): CA) fence is 0.9' North of the North property line. Pat Fullerton, Title Officer Page lof 1 •• I :.~ First American Pat Fu lIerton (206) 615-3055 pfullerton@lirstam.oom To: WestPac Development LLC 7449 W Mercer WAY Mercer Island, WA 98040 Attn: Travis Defoor King County Title Team One Fax No. (866) 904-2177 Jennifer Salas (206) 615-3011 jsala$@lirstam.com Rrst American Title Insurance Company 818 Stewart St, Ste 800 Seattle, WA 98101 Phn -(206)728-0400 (800)826-7718 Fax - Tina Kotas (206) 615-3012 tkota$@lirstam.oom File No.: 4291-2122511 Your Ref No.: QPID-12170 Re: Property Address: 4921 Southeast 2nd Place, Renton, WA 98059 Supplemental Report 1 Dated: January 24, 2014 at 8:00 A.M. Commitment/Preliminary Report No. 4291-2122511 dated as of January 07,2014 (including any supplements or amendments thereto) relating to the issuance of an American Land Title Association Form Policy is hereby modified and/or supplemented as follows: Corrected Address: 4921 Southeast 2nd Place, Renton, WA 98059 The following paragraph no(s). 10 and 11 has/have been added to our Commitment/Preliminary Report to read as follows: 10. The terms and provisions contained in the document entitled "Ordinance No. 5465" Recorded: November 05, 2009 Recording No.: 20091105000541 11. The terms and provisions contained in the document entitled "Latecomer's Agreement" Recorded: June 06, 2011 Recording No.: 20110606001192 Pat Fullerton, Title Officer Page lof 1 First American Title 1. (WA) Commitment 2 " .. II r. 'It" .. ~ First American First Amerfcan TTtle Insurance Company 818 Stewart St, Ste BOO Seattle, WA 98101 Phn • (206)728-0400 (800)826-7718 Fax - Pat Fullerton (206) 615-3055 pfullertonOfirstam,com ESCROW COMPANY INFORMATION; Escrow Officer/Closer: GAIL RANDALL GRandall@firstam.com First American Title Insurance Company 3905 Martin Way, Ste A, Olympia, WA 98506 Phone: (360)350-6760 -Fax: (866)341-0145 King County Title Team One Fax No. (866) 904-2177 lennlfer Salas (206) 615-3011 jsalasCflrstam.com To: WestPac Development LLC 7449 W Mercer WAY Mercer Island, WA 98040 Attn; Travis Defoor Re: Property Address: 14021 5E 136th Street, Renton, WA 98059 Second Report Rrst AmerIcan Title First American Title Tina Kotas (206) 615-3012 tkotasOflrstam.com File No.: 4291-2122511 Your Ref No.: QPID-12170 ------------------------------------ . First American Title Form No. 1068-2 ALTA Plain Language Commitment COMMITMENT FOR TITLE INSURANCE Issued by -------------------- Commitment No.: 4291·2122511 Page 2 of 10 FIRST AMERICAN TITLE INSURANCE COMPANY Agreement to Issue Policy We agree to issue a policy to you according to the terms of this Commitment. When we show the policy amount and your name as the proposed insured in Schedule A, this Commitment becomes effective as of the Commitment Date shown in Schedule A. If the Requirements shown in this Commitment have not been met within six months after the Commitment Date, our obligation under this Commitment will end. Also, our obligation under this Commitment will end when the Policy is issued and then our obligation to you will be under the Policy. Our obligation under this Commitment is limited by the following: The Provisions in Schedule A. The Requirements in Schedule B-1. The General Exceptions and Exceptions in Schedule B-II. The Conditions. This Commitment is not valid without Schedule A and Section I and II of Schedule B. Pat Fullerton, Title Officer First Atnetian Title First American Title ----------------------------------------------------------- . First American Title Form No. 1068·2 ALTA Plain Language Commitment. SCHEDULE A 1. Commitment Date: January 07,. 2014 at 7:30 A.M. 2. Policy or Policies to be issued: Homeowner's Rate with 10% Combination Discount AMOUNT Standard Owner's Policy $ 320,000.00 $ Proposed Insured: The Quadrant Corporation, a Washington corporation Simultaneous Issue Rate with 10% Combination Discount Commitment No.: 4291-2122511 Page 3 of 10 PREMIUM TAX 748.00 $ 71.06 ALTA Extended Loan Policy Proposed Insured: $ To Follow $ To Follow $ To Follow To Follow Easement Charges $ 3. (A) The estate or interest in the land described in this Commitment is: Fee simple as to Parcel(s) A, an easement as to Parcel(s) B. (B) TItle to said estate or interest at the date hereof is vested in: 40.00 $ 3.80 PHU VAN DANG AND LORETTA LO WHO ALSO APPEARS OF RECORD AS LORAITA LO, HUSBAND AND WIFE, AND HI EN T. DANG AND BEN P. TRAN, EACH AS THEIR OWN SEPARATE ESTATE 4. The land referred to in this Commitment is described as follows: Real property in the County of King, State of Washington, described as follows: The land referred to in this report is described in Exhibit A attached hereto. Rrst American Title First American Title , First American Title Form No. 1068-2 ALTA Plain Language Commitment The following requirements must be met: SCHEDULE B SECTION I REQUIREMENTS Commitment No.: 4291~2122511 Page 4 of 10 (A) Pay the agreed amounts for the interest in the land and/or the mortgage to be insured, (B) Pay us the premiums, fees and charges for the policy, (C) Documents satisfactory to us creating the interest in the land and/or the mortgage to be insured must be signed, delivered and recorded: (D) You must tell us in writing the name of anyone not referred to in this Commitment who will get an interest in the land or who will make a loan on the land, We may then make additional requirements or exceptions, (E) Releases(s) or Reconveyance(s) of Item(s): (F) Other: (G) You must give us the following information: PART ONE: L Any off record leases, surveys, etc. 2, Statement(s) of Identity, all parties, 3, Other: SCHEDULE B SECTION II GENERAL EXCEPTIONS A, Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records, B, Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof, c, Easements, claims of easement or encumbrances which are not shown by the public records, 0, Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records, E, (A) Unpatented mining claims; (B) Reservations or exceptions in patents or in Acts authorizing the issuance thereof; (C) Water rights, claims or title to water; whether or not the matters excepted under (A), (B) or (C) are shown by the public records; (D) Indian Tribal Codes or Regulations, Indian Treaty or Aboriginal Rights, including easements or equitable servitudes. F. Any lien, or right to a lien, for services, labor or materials or medical assistance heretofore or hereafter furnished, imposed by law and not shown by the public records, G. Any service, installation, connection, maintenance, construction, tap or reimbursement charges/costs for sewer, water, garbage or electriCity. H. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effe9:ive date hereof, but prior to the date the proposed insured acquires of record for value the escrow or interest or mortgage(s) thereon covered by this Commitment. Rrst American Tide First American Title · First American Title Form No. 1068·2 Commitment No.: 4291~2122511 Page 5 of 10 ALTA Plain Language Commitment SCHEDULE B SECTION II EXCEPTIONS PART TWO: Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction. The printed exceptions and exclusions from the coverage of the policy or policies are available from the office which issued this Commitment. Copies of the policy forms should be read. 1. Lien of the Real Estate Excise Sales Tax and Surcharge upon any sale of said premises, if unpaid. As of the date herein, the excise tax rate for the City of Renton is at 1.78%. Levy/Area Code: 2142 2. General taxes and assessments, if any, for the year 2014, in an amount not yet available, which cannot be paid until the 15th day of February of said year. Tax Account No.: 152305910001 Assessed Land Value: $ 133,000.00 Assessed Improvement Value: $ 86,000.00 Note: Taxes and charges for 2013 were paid in full in the amount of $2,921.28. 3. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: \ Grantee/Beneficiary: Trustee: Amount: Recorded: Recording Information: Phu Van Dang, and Loratta Lo, husband and wife, and Hien T Dang, a single person, and Ben P Tran, a single person Bank of America, N.A. ReconTrust Company, N.A. $244,400.00 February 29, 2012 20120229002109 4. Reservations and exceptions, including the terms and conditions thereof: 5. Reserving: Minerals Reserved By: Northern Pacific Railroad Company Recorded: September 10, 1902 Recording Information: 241250 Easement, including terms and Recorded: Recording Information: In Favor Of: For: provisions contained therein: May 29, 1981 8105290905 Puget Sound Energy, Inc., a Washington corporation Electric transmission and/or distribution system 6. Easement, including terms and provisions contained therein: Recording Information: 8111240491 In Favor of: King County Water District No. 90 For: Perpetual/Temporary Easement for Watermains and Appurtenances Rrst American TItle First American Title · First American Title Form No. 1068·2 ALTA Plain Language Commitment Commitment No.: 4291-2122511 Page 6 of 10 7. Any and all offers of dedication, conditions, restrictions, easements, fence line/boundary discrepancies, notes and/or provisions shown or disclosed by Short Plat 880059 recorded under recording number 8302011019. 8. The terms and provisions contained in the document entitled "Ordinance No. 4612" Recorded: June 21, 1996 Recording No.: 9606210966 9. The terms and provisions contained in the document entitled "Seller's Notice of On-Site Sewage System Operation and Maintenance Requirements" Recorded: June 03, 2005 Recording No.: 20050603001487 Rrst American Title First American Title · First American Title Form No. 1068-2 ALTA PlaIn. Language Commitment INFORMATIONAL NOTES Commitment No,: 4291-2122511 Page 7 of 10 A. Potential charges, for the King County Sewage Treatment capacity Charge, as authorized under RCW 35.58 and King County Code 28.84.050. Said charges could apply for any property that connected to the King County Sewer Service area on or after February 1, 1990. Note: Properties located in Snohomish County may be subject to the King County Sewage Treatment capacity Charges. B. Effective January 1, 1997, and pursuant to amendment of Washington State 5tatutes relating to standardization of recorded documents, the following format and content requirements must be met. Failure to comply may result in rejection of the document by the recorder. C. Any sketch attached hereto is done so as a courtesy only and is not part of any title commitment or policy. It is furnished solely for the purpose of aSSisting in locating the premises and First American expressly disclaims any liability which may result from reliance made upon it. D. The description can be abbreviated as suggested below if necessary to meet standardization requirements. The full text of the description must appear in the document(s) to be insured. LOT 1, REVISED KING COUNTY SP NO. 880059, REC. 8302011019, KING COUNTY APN: 152305910001 E. All matters regarding extended coverage have been cleared for mortgagee's policy. The coverage contemplated by this paragraph will not be affonded in any forthcoming owner's standard coverage policy to be issued.' . F. The following deeds affecting the property herein described have been recorded within 36 months of the effective date of this commitment: 20120229002108 Property Address: 14021 SE 136th Street, Renton, WA 98059 NOTE: The forthcoming Mortgagee's Policy will be the ALTA 2006 Policy unless otherwise noted on Schedule A herein. NOTE: We find no judgments or Federal tax liens against the vestee herein, unless otherwise shown as a numbered exception above. NOTE: A FEE WILL BE CHARGED UPON THE CANCELLATION OF THIS COMMITMENT PURSUANT TO WASHINGTON STATE INSURANCE CODE AND THE ALED RATE SCHEDULE OF THIS COMPANY. first American Title First American Title · First American Title Form No. 1068-2 ALTA Plain Language Commitment CONDITIONS 1. DEFINITIONS (a)"Mortgage" means mortgage, deed of trust or other security instrument. Commitment No.: 4291-2122511 Page 8 of 10 (b)"Public Records" means title records that give constructive notice of matters affecting the title according to the state law where the land is located. 2. LATER DEFECTS The Exceptions in Schedule B -Section II may be amended to show any defects, liens or encumbrances that appear for the first time in the public records or are created or attached between the Commitment Date and the date on which all of the Requirements (a) and (c) of Schedule B -Section I are met. We shall have no liability to you because of this amendment. 3. EXISTING DEFECTS If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may amend Schedule B to show them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing. 4. UMITATION OF OUR UABIUTY Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its Requirements. If we have any liability to you for any loss you incur because of an error in this Commitment, our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to: comply with the Requirements shown in Schedule B -Section I or eliminate with our written consent any Exceptions shown in Schedule B -Section II. We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is subject to the terms of the Policy form to be issued to you. 5. CLAIMS MUST BE BASED ON THIS COMMITMENT Any claim, whether or not based on negligence, which you may have against us concerning the title to the land must be based on this commitment and is subject to its terms. cc: The Quadrant Corporation cc: Phu V Dang first American ntle First American Title . First American Title Form No. 1068-2 ALTA Plain Language Commitment First American I F/I'St American TItle PrlVIICV Inform.tIon w. AnI Committed to Sefegu.rdlng cu.tomer Inform.tIon ------------------------ Commitment No.: 4291-2122511 Page 9 of 10 Rrst American Title Insuranc:s Company 818 Stewart St, Ste 800 Seattle, WA 98101 Ph •• (206)721Hl4OO (800)826-nI8 Fax - In order to better serve your needs now and In the future, we may ask you to provide us with certain Information. We understand that you may be concemed about what we win do with such Information -particularly any personal or financial Information. We agree that you have a right to know how we will utilize the personal Information you provide to us. Therefore, together with our subSidiaries we have adopted this Prtvacy Policy to govern the use and handling of your personal Information. Applicability This Prtvacy Policy governs our use of the Information that you provide to us. It does not govem the manner In which we may use infmnation we have obtained from any other source, such as information obtained from a pubtlc record or from another peBOn or entity. Arst American has also adopted broader guidelines that govern our use of personallnformatlon regardless of Its source. Rrst AmerIcan calls these guidelines Its Fair Information Values. Types of Inform.don Depending upon which of our services you are utilizing, the types at nonpubllc personal Information that we may collect Include: • Information we receive from you 011 applications, fom\S and in other communicatlon-s to us, whether In WIitIng, In ~,by telephone or any other means; • Information about your trans<tctlon$ with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. U .. of Inform.tlon We request information from you for our own legitimate business purposes and not fOt the benefit of any nonafflllated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested 01 us; or (2) as permitted by law. We !MY, however, store such information 1ncIeIiniteIv, including the period alter which any customer relationship has ceased. Such information may be used for any Intemal purpose, such as quality aJntrol el'forts or customer analysis. We may also provide all of the types of nonpublc personal information listed above to one or more of our affiliated companies. Such affiliated companies Include nnanclal service providers, such as title ~ property and a.sualty Insums, and trust and Inw:stment IIIMsory companies, or companies invo/ve::I in real estate services. such as appraisal companies, home warnnty companies and escrow companies. Furthermore, we may also provide all the Wormatlon we collect, as cIesatled aboYe. to companies thai: perform marketing services on our behalf, on behalf of our afIIllated companies or to other financial k1stiMIons with whom we or our affIIlated companies have joInt marketing agreements. -""""-Even It you are no longer our customer, our Pr1Yacy PolIcy will continue to apptv to you. COnfIdentIality and security We wUI use our best efforts to ensure that no unauthortled P<Uties have access to any of your information. We restrlct access to nonpubllc personal information about you to those n:lMduaIs and enti~ who need to know that information to provide products or services to you. We will use OUt best efforts to b1Iln and oversee OUt employees and agents to ensure that your Information will be twIctIed responsibly and in accordanee with this Prtvacy Policy and Rrst Amerlcan's Fair Information Values. We culTentlv maintain physical, electronic. and procedural safeguards that comply with federal regulations to guan:I yoJr nonpubllc peBOnIIllnfotmatlon. InfonnatJon Obtllined Through Our Web SIte Arst AmerIcan FInancial CorpomJon Is sensitive to privacy issues 011 the Internet We believe it Is Important you koow how we treat the Wormatlon about you we receive on the Intemet. In general, you can visit Arst M"lerican or Its affiliates' Web sites on the WOOd WIde Web without telling us who you are or revealing any Informiltlon about yourself. Our Web servers coIIcc:t the domain names, not the e-mail addresses.atvlsltors.ThIs Information Is aggregated to measure the number of visits, average time 5pent 011 the site, pages vIewed and similar information. Rrst AmerIclIn uses this Informlltlon to measure the use of our site and to develop Ideas to improve the content of our site. There are times, howeYef, when we lrnIy need Informatlon from you, such as your name and email address. When Information Is needed, we will use our best efforts to let you know at the time of eoIIectIon how we will use the personal Information. Usulllly, the persooaI informlltlon we collect Is used only by us to respond to your Inquiry, process an order or allow you to access specif'1C acmuntJprotile Information. If you choose to share any pe!'5OniIl informlltion with us, we will only ,,$I! It In IICCOldance with the policies outlined above. aullnea RelBtIonstdpl Rrst AmerIcan Rnanelal Corporation's site and Its affiliates' sites may contain links to other Web sites. While we try to link only to 5Ites that share our hloh standards and respect for privacy, we are not responsible for the content or the privacy practices employed by other sites. CooIda SOme of Arst Amer\c!ln's Web sites may make use of "cookie" technology to measure site activity and to customile Information to yoor personal tastes. A cookie Is an element of data that a Web site can send to your browser, which may then store the cookie on your hard drive. BI:::it&n.l:I:I uses stored cooIdes. The goal 0' this technology Is to better serve you when visiting our site, save you time when you are here and to pn:Mde you with a more meaningful and productive Web site experience. F.lr information Vlllues Falmea: We CIJfISider consumer expectations about their prtvacy In all our businesses. We only offer products and services that IISSUre a favorable balaoce between consumer benefits and consumer """". Public RIIcord We believe that an open public record aeates significant value for society, enhances consumer choice and aelltes consumer opportunity. We actively support an open public record and emphasize Its Importance and contribution to our economy. u .. We believe we should behave responsibly when we use information about a consumer In our business. We will obey the laws governing the collection, use and dissemination of data. Accuntcy We will t21ke reasonable steps to ~ assure the accuracy 01 the data we collect, use and disseminate. Where possible, we will take reasonable steps to correct 1naccurate information. When, as with the public reoW, we cannot con-ect Inaccurate Information, we will take all reasonable steps to assist COf\SUII\eI"5 In IcIentifyIng the source 01 the erroneous data so that the consumer can sean the required corrections. Education We endeavor to educate the users of our procIucts and serviCes, our empIovees and others In our Industry about the Importance of consumer prIviJcy. We willnstruct our ~ on our fair Wonnation values and on the responsible collection and use of data. We wiU encourage othen In our Industry to coiled: and use Information In a responsible manner. Securfty We will rnairttaln appropriate tacIlItles and systems to protect agalnst unauthorized access to and corruption of the data we maintain. Form 5().PRNACY (8/1/09) Page 1 of 1 PrIvacy Infonnatlon (2001-2010 Rm American Anandal Corporatiorl) First American Title First American Title · First American Title Form No. 1068-2 ALTA Plain Language Commitment Commitment No.: 4291-2122511 Page 10 of 10 FIRST AMERICAN TITLE INSURANCE COMPANY Exhibit "A" Vested Owner: PHU VAN DANG AND LORETTA LO WHO ALSO APPEARS OF RECORD AS LORATIA LO, HUSBAND AND WIFE, AND HIEN T. DANG AND BEN P. TRAN, EACH AS THEIR OWN SEPARATE ESTATE Real property in the County of King, State of Washington, described as follows: PARCEL A: LOT 1, REVISED KING COUNTY SHORT PLAT NUMBER 880059, RECORDED UNDER RECORDING NUMBER 8302011019, SAID SHORT PLAT BEING A PORTION THE EAST HALF OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON. PARCEL B: A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS AS DEUNEATED ON SAID SHORT PLAT. Tax Parcel Number: 152305910001 Situs Address: 14021 SE 136th Street, Renton, WA 98059 first AmericDn Title First American Title First American Title 2. Map-Customer tlW' ,It ' 'II1tl i<C5FSlOO5')iI . lob " .... RO 21 First American nile , 1 I ~:G dU' .,h 1'"..:1'" It';!} , ~---, ;i'R.OiCT A . <:::::t ... ,i " • ~,,\' t{e ,111111 . ".' ., • , Pirst American Title 3. Vestin(L 01.20051121002311 Full Screen Image Viewer Page 20f3 AFTER RECORDING MAIL TO: Phu Van Dang 14021 Southeast 136th SIred ReDton, W A 98059 Filed for Record at Request of Escrow First Services Escrow Number: EFfS5J78 TICORTITLE V?5gll'Z--~ Grantors! Loretta Lo Grantee: Phu Van Dang Abbr.viated Legal: QUIT CLAIM DEED Lt 1. Revi,ed KCSP 880059. Rec 8302011019 As'.".r', Tax Par •• I Number(s): 152305-9100-01 2 TilE GRANTORS LORETTA LO. SPOUSE OF GRANTEE, for and in consideration of CREA~ SEPARATE PROPERTY conveys and quit claims to PHU VAN DANG, A MARRIED MAN AS H SOLE AND SEPARATE PROPERTY, the fo1lowing described real estate, situated in the County ofKh State of Washington, together with all after acquired tide of the Grantors therein: Lot(s) 1, Revised King County Short Plat Number 880059. recorded under Recording Number 8302011019, said ,hort plat being a portion Ihe cast half of tb. west half of the northwest quarter oft northwest quarter of tbe southeast quarter of Section IS, Township 13 North, Range 5 East, W.M., il King County, Washington. Loretta Lo State of County of ;W~.~sh~h~I~~OO~ _______________ l King } SS: http://fast.firstam.nel/smsfast/imagingWB/pub/pages/preview.htm1?isSingIe-1 &Reposito... 7/12/2013 First American Title First American Title 4. Vestin(L02_20051121002312 Full Screen Image Viewer Page 2 of 3 AF1'ER RECORDING MAIL TO: Phu VanDling 14021 Southea.1136th Street Rent!)n, W,\ 98059 .FHed for Record at Request of Escrow First Services E2170507 Escrow Number: EF155178 11/21/2005 14:47 KINO COUNTY, ~A TAX S4 962.30 SALE $2'78: 510. ee nCOR TITLE v3SglfZ-? Statutory Warranty Deed Grantors: Long S. Nguyen and Kim Quyen Nguyen Grantee: Phll Van Dang Abbreviated Legal: Lr I, Revised KCSP 880059, Roc 830Z01U19 Assessor's Tax Parcel Number(s): ISZ305-9100-01 2 PAGE001 OF 00: THE GRANTORS Long S. Nguyen and Kim Quyen Nguyen, husband and .. , .. ife for and in considera of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION in hand paid, conveys warrants to Phu Van Dang, a married man as his sole & separate property, Hien T. Dang, a sil woman and Ben P. Tran, a single man, as tennnts in common the following described real estate, SiN in tl,. County of King, State of Washington. I.ot(s) t, Revised King County Short Plat Number 880059, recorded under Recording Number 8302011019, said short plat being a portion the east haH of the west half of the nortbwest quarter 01 the northwe5t quarter of the southeast quarter of Section 15, Township 23 North, Range 5 East, 'Yo in King County, Washington. Subject to Easements. Restrictions, and Reservations of Record. Dated 1/ /17/0 .-- . <?b Long S. Nguyen ~ http://fast.firstam.net/smsfast/imagingWB/pub/pages/preview.html?isSingle-1 &Reposito... 7/12/2013 First American Title , Pirst American Title 20229002108 FIRST AMERICAN 1'6\ b \ l6 , , l1-llo,;, AFTER RECORDING MAlL TO: Phu Van Dang 14021 SE 136th Street Renton, WA 98059 Filed for Rea>fd al Request of: First American Title Insurance Company E2532110 8212912812 15:58 KING COUNTY. UA SATLAEX $18 ,ee $e,0e QUIT CLAIM DEED PAGE-eel OF e81 File No: 4202-1813163 (sh) Date: February 24, 2012 Grantor(s): Phu Van Dang Grantee(s): Phu Van Dang and Loretta Lo Abbreviated Legal: Lot 1, Revised King County SP No. 880059, Rec. 8302011019, King County Additional Legal on page: Assesso~s Tax Parcel No(s): 152305-9100-01 THE GRANTOR(S) Phu Van Dang, a married man as Is separate estate for and in consideration of To Create Community Property in hand paid, oonveys and quit daims to Phu Van Dang and Loretta Lo, husband and wife, the following described real estate, situated in the County of King, State of Washington, together with all after acquired title of the grantor(s) herein: LEGAL DESCRIPTION: Reai property in the County of King, State of Washington, described as follows: Parcel A: Lot 1, Revised King County Short Plat Number 880059, recorded under Recording Number 8302011019, said short plat being a portion the east half of the west half of the northwest quarter of the northwest quarter of the southeast quarter of SectIon 15, Township 23 North, Range 5 East, W.M" in King County, Washington. Parcel B: A non-exclusive easement for Ingress and egress as delineated on said short plat. page 1 0'2 LP812-oS First American Title Pirst American Title APN: 152305-.9100-01 STATE OF Washington COUNtY OF King Dated: 2 ·dLf-/'d: First American Title Quitclaim Deed· continued ) )-55. ) Ale No.: 4202-1813163 (sh) Date: 02/24/2012 PfT£R..,sOP Notary ublic In and for the State of Washington Resi ing at: LOt''']>iAl V /tL E My appointment expires: t>'/-~ ~ -/.3 Page 2 of 2 LPB 12-05 Pirst American Title 6. Exception_03_201202290021 09 ., FIRSf AMERICAN 11S1 'b \ 'vJ '!J \~)j1:) .AFTER RECORDING MAIL TO; Name' Bank of America, N.A. Address PO BOX 619003 Attn: ReconTrust Co./TX2-979-01-07 City/State Dallas, TX 75261-9003 Oocumentntle(s); 1. Deed of Trust Reference Number(s) of Documents Assigned or released; Grantor(s); 1. Phu Van Dang and Loratta Lo 2. Hien T Dang, Ben P Tran 1 Additional information on page of document Grantee(s): 1. Bank of America, N.A. [ 1 Additlonallnformatlon on page of document Trustee; 1. ReconTrust Company, N.A. Abbreviated legal Description; Lot 1, Revised King County SP No. 880059, Rec. 8302011019, King County Tax Parcel Number(s); 152~C5-9100-01 [X 1 Complete legal description is on page 12 of document First American Title , First American TItle odc 10 t: 00024186184202012 18. TraDlrer ortbe Property or 8 Bencfldallntcrest la Bonower. As used in this Section 18. ~Inlerest in the Property" means any legal or beneficial interest in we Property, including, but not limited to, those beneficial intcre.~ts transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfero(litle by Borrower at a future dale to a purchaser. If all or any part or the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natura) person and a beneficial interest in Borrower is sold or transferred) without Lender's prior writlen consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall nOI be exercised by Lender if such exerci.~ is prohibited by Applicable Law, If Lender exercise.'! this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than )0 days from the date the notice i~ given in accordance with Section IS within which Borrower must pay all sums secured. by thill Securil}' Instrument. If Borrower fails to pay thelle sums prior to the expiration of this period. Lender may invoke any remedie.~ penniued by this Security Instrument without funllcr notice or demand on Bonower. 19. Borrower's Right to Reinstate After AcceleradoD. If Borrower meeL'I certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior 10 the earliest of: (a) five days before !Iale of the Property pumlant to any power of sale contained in this Securiry [n.~trument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinsuue; or (c) entry of a judgment enforcing Ihis Secwity Insl.nlment. Those conditions are thai Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees. property inspection and valuation fees. and other fee.~ incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instl'Ulllwt; and (d) takes such action as Lender may reasonably require to a'ISUre that Lende(s inlerest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the .'Wms secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement IiUrDS and expenses in one or more of the rollowing forms. as selected by Lender: (a) cash; (b) money order; (c) certified check. bank check. trea~urer's check or cashier's check, provided any such check is drawn upon an inlltirution whose deposits are imoured by a fcdcnd agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain rully efrecUve a'l if no acceleration had occurred. However, this right to reinstate shall not apply in the ca.~e of acceleration under Section 18. 10. Sale or Note; Cbanae or Lou Senfetr; Nodce or Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior nolice to Borrower. A !>ale might result in a change in the entity (known as the "Loan Serviccr") that collects Periodic Paymenl'l due under the Note and thi.~ Security Instrument and perfonn.~ other mortgage loan sClVicing obligations under the Note. this Security Instrument, and Applicable Law. There nlw might be one or more changes of the Loan Serviccr unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which paymenL'i should be made and any other infonnation RESPA requires in connection with a notice of transfer of lIervicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of me Note. the mortgage loan servicing obligations 10 Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purcha.~ unlellS otherwise provided by the Note purchaser. Neither Bonower nor Lender may commence, join, or be joined to any judicial action (8lI either an individual litiganl or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that ruleges that the other party has breached any provision of, or any duty owed by rca.~on or. this Security Instnnnent, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requiremenl3 of Section IS) of such aJleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law providCll a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice or acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provis.ions of this Section 20. :no Hazardous SubttaUtet. As used in this Section 21: (a) "Hazardous Substances" are those substances defined a~ toxic or hazardous substances, pollutants, or wa .. tes by Environmental Law and the following substances: gasoline, kero.,ene. other flammable or toxic petroleum producL~. toxic pe.~ticide.~ and herbicides. volatile solvents. materials containing asbestos or formaldehyde, and radioactive materiDls; (b) "Environmental Law" means federa1laws and laws of the jurisdiction where the Property islocalCd dlat relate to health, safery or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action. as defined in Environmental Law; and (d) an "Environmental Condition" means a condition thai can cause, contribute la, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or pennil the presence, use. di.'Iposal, storage, or relea'IC of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Propeny. Bonower shall nol do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition. or (c) which, due 10 the presence. use, or release of a Hazardous WASHlNGTON __ SIo;!. Family-F.nrde UaelFreddt. Mae UNIFORM INSTRUMENT O.1Id cf Trust·WA 2006-WA (06111) First American TItle Fonn 3048 llDl First American Title DOC 10 f: 00024196184202012 Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the prc.o;ence, use, or storage on the Property of small quantitie.'1 of Hazardous Substances thai arc generally reoognized to be appropriate 10 nonnal rt.'iidential uses and to maintenance of the Property (including. but not limited to, hazardous substances in consumer products), Borrower shall promptly give Lender written notice of (a) any investigation. claim. demand, lawsuit or olller action by any governmental or regulatory agency or private patty involving the Property and any Hazardous Substance or Environmental Law of which Borrower has aema] knowledge, (b) any Environmental Condition, including bul not limited to, MY spilling, leaking, discharge. relea'le or threat of release of any Hazardous Subslarlce, and (e) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects tbe value of the Property. If Borrower leams, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary. Borrower shall promptly take all necessary remedial actions in accordance wi!h Environmental Law. Nothing herein shall create any obligation on Lender fot an Environmental Cleanup. NON·UNIFORM COVENANTS. BOlTOwer and Lender funher covenanl and agree a.~ follows: 11. Acceleratloni Remedles. Lender shaD give noOte to Borrower prior to acceleration rollowlng Borrower's breach of any covenant or agreement In tbh Security IDJtrument (but Dot prior to acceJeraUoD UDder Seedoo 18 uolal AppUcable Law provldes otherwtse). The DoUce IhaD .peclty: (a) the default; (b) the action required to cure the defaultj (c) a date, Dot leu thaD 30 daYI from tbe date tbe DoUtt It given to Borrower, by which the derauh molt be cured; and (d) that r.Oure to cure the derault OD or before the date speclfled In the nodce may result In acee:leradon of the lum •• ecured by thll Security Imtrumeut aDd we of the Property at pubUc aDctioD at a date Dot len than 110 days In the future. The Dodce .baD further Inform Borrower of the right to reiDstate after aa:eleradoD, the rtcht to brlDg a court action to anert the DODoftltteDce of. default or any otber defenle of Borrower to acceleration and .ale, and any otber marten required to be Included ID the Itotlte by AppUtable Law. If the detault II Itot cured 00 or before the date .ped8ed In tbe nottce. LeDder at ftl optton, may require Immediate payment in IUD of au luml lecured by tbls Securtty Inltrument without furtber demaud .nd IDly Invoke the power ot .. Ie and/or .ny other remedies permitted by AppUcable lAw. Lender .baD be endtled to coDed aU npentet IDturred In punulnl the remedies provided In tbls Secdon 22, lodudlnl, but not limited to, ftUODlble .ttorneys' reel and COIn ofOOe evidence. If LeDder Invoka the power 0' sale, Leader ibaD &lve written Dotice to TrDstee of the occurrence of an event of default and or Lender's decdoD to caule the Property to be lold. Trustee and Leader sbaU take IDch actloD regardIDl notice of ute add ,haD give .uch Dodcet to Borrower and to otber perlOn. 41 AppUcable Law .... y require. After the tlme requ1red by AppUcable L.w and after pubUc:ation of the DOUce of sale, Trustee, without de .... nd OD Borrower, sball Idl the Property .t pubUc auctloD Co the highest bidder .t tbe time and place aod under the terms dctfgnaCed In the nodce of lIIe In ODe or more panel! and In any order Trultee determlaes. TTume lOa)' po.tpone I8Ie of tbe Property for. period or periodl permitted by AppUcable Law by pubUe annouoeement at the time and place flJ.ed In the Dodce of sale. Lender or Itl dCllpee may purtbase tbe Property at an)' .ale. Trustee .haD deUver to tbe purchaser Trustee', deed conveyfog tbe Property wlthoat aD)' covenaat or warranty, exprelsed or lmpUed. The recitals In tbe Tru.tee'. deed .ban be prima facie evidence of the truth of the statemeDU made therdn. Trustee .baD apply the proceeds of the lale In the foUowlnl order; (a) to aU npenta or the .ale, including, but Dot Umtted to, reasonable Trustee'. aod attorneys' feet: (b) to aD .am, secured by thlJ Security IllJtrument: and (c) aoy acal to the penon or penonslegally endUed to It or to the dukoftbe luperlor court oftbe eouuty In which the lIIe took place. 13. ReeoDveyaDce. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to reconvey lhe Property and shall surrender this Security Instrument and all note .. evidencing debt secured by this Security Instrument to Trustee. Trustee shall reconvey !he Property without wammly 10 !he person or person. .. legally entitled to it. Such person or persons shall pay any recordation cosL .. and the Trustee's fee for preparing the reconveyance. 14. Subtlttute Tru.tee. In accordance with Applicable Law, Lender may from time 10 time appoint a succcssor trustee to any Trustee appointed hereunder who ha.'l ceased to act. Without conveyance of the Property, the successor It\lstee shall succeed to all the title. power and duties conferred upon Trustee herein and by Applicable Law. 25. U.e of Property. The Property is not u.~ed principally for agricultural purposes. 26. Attorneys' Fees. Lender shall be entitled to recover its reasonable attorneys' fees and costs in any action or proceeding 10 construe or enforce any term of this Security In.'1lrUment. The term "auomeys' fees. M whenever used in this Security IIlSU'U.mCRt. shall include without limitation attorneys' fees incurred by Lender in any bankruptcy proceeding or on appeal. WASHINGTOH··Slngle Family-Fannie MHiPreddleU.c UNIFORM INSTRUMENT Deed of Tru'I·WA 200S-WA (06111) First American TItle Pagel0of11 Form 30481101 l ,-;-------------------------------------------~------------------------------- First American Title DOC 10 ,: 000241861B4202012 ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT, OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WAsmNGTON LAW. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Securiry In.,trument and in any Rider executed by Borrower and recorded with it. State of Washington COORIY of !(1Ai G-- ~. . -----------------.~Bo~·~! ~ (Seal) LORATTA LO ~ • Borrower =;;::--:;:--;::=-=-:....:-:::7_= _______ --;;:: (Seal) _H"l"EN-;;-T_.=DA~N:;_G-f.j..:t:'--:...~.:.c.::..:.....:::==------.• B:::.::: BEN P. TRAN • Borrower .,. to me known to be the individuul. or individuals described in and who c:tetu!cd the within and foregoing in<;lrumel1t, and acknowledged ~al he (she o~signed lhe same ( and voluntary act and deed, for the use~ and purpose.~ ilieicin mentioned. v d orrlCial ~a1 this «# day of • (Sealorstamp) WASHlNQTON··Slngl. Femily--Fannle MletFreddle Mac UNIFORM INSTRUMENT Deed of Trust·WA 2006-WA{Olllll) Pegellofll First American ntle Form 304a 1101 First American Title EXHIBJTA LEGAL DESCRIPTION: Real property in the County of King, State of Washington, described as follows: Parcel A: Lot I, Revised King County Short Plat Number 880059, recorded under Recording Number 8302011019, said short plat being a portion the east half of the west half of the northwest quarter of the northwest quarter of the southeast quarter of SectIon 15, Township 23 North, Range 5 East, W.M., in King County, Washington. Parcel B: A non-exduslve easement for Ingress and egress as delineated on said short plat. First American Title r------------------- First American Title After Recording Return To: BANK OF AMERICA. N.A. ReconTrust Co./!X2-979-01-07 P.O. Box 619003 Dallas, !X 75261-9003 Asse.\Sor's Parcel or Account Number: 152305910001 Abbreviated LegaJ Description: LOT 1, REVISED KING COUNY SP NO. 880059. REC. 8302011019 KING CO (Include 10l, bloct and plal or scetioll,lowlI$bip and repl Full legal description located on page 12 Truslee: RECONTRUST COMPANY, N.A. ____________ ISpaccAtm'n:b ..... ,or Rccon1lDltht.) ------------ 24021813163 IE,crQw/C.lOling II DEED OF TRUST DEFINITIONS 00024186184202012 (DQC ID II Wonis used in multiple scx:tions of this document arc defined below Wid other words arc defined in Sections 3, Il. 13, 18.20 and 21. Certain rules regarding the usage of word~ used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated FEBRUARY 24. 2012 , together with all Riders to this documenl. (8) "Borrower" is PHU VAN DANG, AND LORATTA LO, HUSBAND AND WIFE, AND HIEH T DANG, A SINGLE PERSON, AND BEN P TRAN, A SINGLE PERSON Borrower is the trustor under this Security Instrument. WASHINGTON-Slngl. Fami!y,,' .. nlo MaeJFreddl. Mile UNIFORM INSTRUMENT' Deed 01 Tl1.Ist-WA 2006-·WA (08l11)(dII) First American Title Pag.1 01 11 form 3048 1101 ,---------------- First American Title DOC ID t: 00024186194202012 (C) "Leader" is BANK OF AMERICA, N.A. Lender is a NA'IIONAI. ASSOCIATION organized and existing under the laws of THE UNITED STATES Lender's addres.'1 is 101 South Tryon Street, Charlotte, He 28255 Lender is the beneficiary under this Security InSlrument. CD) "Trustee" is RECONTRUST COMPANY, N.A. 1800 TAPa CANYON RD, SIMI VALLEY. CA 93603 (B) "Note" means tbe promissory note signed by Borrower and dated FEBRUARY 24, 2012 . The NOle states that Borrower owes Lender TWO HUNDRED FORTY FOUR THOUSAND FOUR HUNDRED and 00/100 ·Dollars (U.S. S 244,400.00 ) plus interest. Borrower bas promised 10 pay chis debt in regular Periodic Payments and to pay the debt in full nOllatcr than M1lRCH 01, 2042 (F) "Property" means the property thai is de.~cribed below under the heading ~Trnnsrer of Rights in the Propeny." (G) "Loan" means the debt evidenced by the Note, plus intere.'1t, any prepayment charges and late charges due under the Note, and all sums due under this Security 1n.~U'Ument, plus interest. (H) "RJden" means all Riders to this Security Instrument that are executed by Borrower. The following Riders D1e to be executed by Borrower (check box as applicable): o Adjustable Rate Rider 0 Condominium Rider 0 Second Home Rider B Bo.Iloon Rider 0 Planned Unit Development Rider 0 1-4 Family Rider VA Rider 0 Biweekly Payment Rider 0 Other{s)[specify ] (I) "AppUuble Law" meanll 0.11 controlling applicable federal, state and local statute.'1, reguJations, ordinances and adminiSlJ'ative rules and orders (that ~ave the effect of law) as well as a1l applicable final, non·appealable judicial opinions. (J) "CommuDlty Assocl,HoD DDtS, Feu. aad AneSlmtall" means a11 dues. fee." assessments and other ctwges that are imposed on Borrower or the Property by a condominium association, homeownen a'lsociation or similar organization. (K) "Electronic Fuocb Traadtr" mean .• any transfer of (unds, other than a transaction originated by check, draft, or similar paper in.~trument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includ~, but is not limited to, point-of-,~ale transfers, automated teller machine trnnsaclion.~, transfers initiated by telephone, wire tran,~fers, and automated clearinghouse transfers, (L) "Escrow Items" means those items that are de.'iCribod in Section 3. (M) "MuceDaDeous Proteedl" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) (or: (i) damage to, or desuuction of, the Propeny; (ii) condemnation or other taking of all or any part of the Property: (iii) conveyl1llce in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Propeny. (N) "Mortgage Insuranct" means insumnce protecting Lender against the nonpayment of, or default on, the Loan. ' (0) "Ptrlodlc Payment" means the regularly scheduled amount due for (i) principal and interest under the Note. plus (ii) any amounts under Section 3 of this Security Instrument. (P) "RESPA" means the Real ESlate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.P.R, Pan 35(0), as they might be amended from time to time, or any additional or succeS$OI' legislation or regulation that governs the same subject maner. As used in this Security Insuument, "RESPA" rerers to all requirements and re.~trictions that are imposed in regard to a "federally related mongage lonn" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (Q) "Successor In Interae of Borrowtr" means any party that has taken title to the Property, whether or not that party has assumed Bonower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN TIm PROPERTY This Security Instrument secures to Lender. (i) the repayment of the Loan, and all renewaJs, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For thi.9 purpose. Borrower irrevocably grants and conveys to Trustee, in b'USI, with WASHtNGTON-·Slngie Famlly··FlnnlelMeetFreddte M.c UNtFORM INSTRUMENT DIed of Trutt·WA 2008-WA(08l11) First American Title Fonn 3048 1'01 First American Title DOC IC #: 00024186184202012 power of ~Ie, the following described property located in the COUNTY of KING [Type of Recording Jurisdiction] (Name of Recording Jurisdiction) SEE EXHIBIT "A~ ATTACHED HERETO AND MADE A PART HEREOF. which currently has the address of Washington 98059 [Zip Code] 14021 SE 136TH STREET, RENTON [StreellCity] ("Propeny Address')' TOGETHER WITH all the improvements now or hereafter erected on the property, and all eascmenL~, appurtenance." and fixtures now or hereafter a part of the property. AU replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in thi.~ Security Instrument as the "Propeny," BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and ha'l the right to grant and convey the Property and thai the Property is unencumbered, except for encumbrance.'! of record. Borrower warrant'! and will defend gencrully the title to the Property against all claims and demands, subject to any encumbnmces of record. THIS SECURJTY INSTRUMENT combines unifonn covenant.. for national use and non-unifonn covenant .. willt limited varintions by jurisdiction 10 consurute a unifonn securiry instrument covering real propeny, UNlFORM COVENANTS. Borrower and Lender covenant and agree a. .. follows: 1. Payment or Prtndpal, Inteurt, Escrow ItelDlo Prepayment Cbarges, and Late Charges. BOrrowCl shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment ctlarge.~ and late charges due under the Note. Borrower shall also pay Cunds for Escrow Items pursuant to Section 3. Payment!! due under the Note and litis Security Instrument shall be made in U.S. currency. However. iC·any check or other instrument received by Lender as payment under lhc Note or this Security Instrument is returned to Lender unpaid. Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following Conn.'!, as selected by Lender: (a) ca."h; (b) money order; (c) certified check, bank check, trea.'Iurer's check or cashier's check, provided any such check i.~ drawn upon an institution whose deposit'l are insured by a Cederal agency, instrumentality. or entity; or (d) Electronic Funds Transfer. Payment~ are deemed received by Lender when received at the location designaled in the Note or at such other location a~ may be de.'!ignated by Lender in accordance with the notice provisions in Section I S. Lender may return any payment or partial payment if the payment or partial payment'! are imrorficient to bring lite Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or panial payment. in the furore, but Lender is not obligated to apply such payment~ at the time such payment'J arc accepted. If eoch Periodic Payment is applied as of it' scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied fund.'J until Borrower make., payment to bring lIIe Loan current. If Borrower d0C3 not do SO wililin a rea<lOnable period of time, Lender shall either apply such fund., or return them to BOrroWCl. If nOI applied earlier, such funds will be applied 10 the outstanding principal balance under the Note immediately prior to Coreclosure. No offset or claim which Borrower mighl have now or in the Cuture against Lender shall relieve Borrower from making payments due under the Note and litis Securiry Instrument or perfonning the covenants and agreement. secured by Ihis Securily Insuumenl. 1. AppUeadoD or PaymentJ or Proued .. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order oC priorily: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payment'! shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to laiC charges, second to any oliler amount'l due under litis Security Instrument, and then 10 reduce the principal balance of the Note. WASHINGTON··Slngle Family-Fannie MaefFreddle Mac UNIFORM INSTRUMENT Oe.d of Trust·WA 2006··WA (08111) First American TItle Page 3 of 11 Form 30481101 First American Title DOC 10 ,: 00024186184202012 If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied 10 the delinquent payment and the lale charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower 10 the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent thai any excess cxislS after the payment is applied 10 the full payment of onc or more Periodic Payrnent,ll. such exce.'IS may be applied 10 any late charges due, Voluntary prepaymenlS shall be applied nUllo any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds 10 principal due under the Note shaH not extend or postpone the due daiC. or change the amount, of the Periodic Payments. 3. FuDd. for EltI'ow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note. until the Note is paid in full. a sum (the "Ponds") 10 provide for payment of amounts due for: (a) taxes and asses.'imenlR and other ilems which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property. if any; (c) premiums for any and a1l insurance required by Lender under Section $; and (d) Mortgage Insurance premiums. if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. The.,e item .. are called ~Escrow Items." At origination or at any time during the lenn of the Loan, Lender may require thai Conununily Association Dues, Fees, and Asses.'ffilCIllS, if any, be escrowed by Borrower, and such dues, fees and assessmems shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of nmounlS to be paid under this Seclion. Borrower shall pay Lender the Funds for Escrow hems unlcss Lender waive.'> Borrowe(s obligation to pay the Funds for any or all Escrow hems. Lender may waive Borrower's obligalion to pay to Lender Fund.o; for any or all R~row hem'l at any time. Any such waiver may only be in writing. In the event of such waiver. Borrower shall pay directly, when and where payable. lhe amounts due for any E.,crow hems for which payment of Fund~ ha.o; been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within !'Iuch time period as Lender may require. Borrower's obligation 10 make such paymenlS and to provide receipts flhall for all purposes be deemed 10 be a covenant and agreement contained in this Security 1n.'Itrumenl, a'l the phra .. e "covenant and agreement" ill u.~ in Section 9. If Borrower is obligated to pay Escrow ltem~ directly, pursuant to a wruver, and Borrower fails 10 pay the amount due for an R~row Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amounL Lender may revoke the waiver all 10 any or a1l R~crow Items at any time by II notice given in accordnnce with Section IS and, upon such revocation. Borrower shaH pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, al any time, collect and hold Funds in an amount (a) sufficient to pennit Lender 10 apply the Funds at the time specified under RESPA, and (b) IlOtlO exceed the maximum amoun! a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expendirures of future E.'Icrow Item'> or otherwise in accordance wilh Applicable Law. The Funds shall be held in an instiNtion whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender i!'l an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Fund~ to pay the Escrow ltem~ no later than the time specified under RESPA. Lender shall not charge Borrower for holding and apptying the Funds, annUally analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Fund~ and Applicable Law permits Lender 10 make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay BOfTOwer any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall accounllo Borrower for the excess funds in accordance wim RESPA. Ir there is a shortage of Punds held in escrow. as defined under RESPA, Lender shall notify Bonuwer as required by RESPA, and Borrower shall pay to Lender the amounl ncccsswy 10 make up me shortage in accordance with RESPA, but in no more than 12 monthly payments. Ir there is a deficiency of Funds held in escrow, as defined under RESPA. Lender shall notify Borrower as required by RESPA. and Borrower shall pay to Lender the amount nece:"sary 10 make up the deficiency in accordance wilh RESPA, but in no more than 12 monthly payment'. Upon payment in full of all sum'l secured by this Security Instrument, Lender shall promptJy refund to Borrower any Funds held by Lender. 4. Charges; LleDI. Borrower shall pay all taxes. aSSes,menlS, charges, fine.'i, and impositions attributable to the Property which can attain priority over this Security Instrument, lea~hold payments or ground rents on the Property, if any, and Community Association Dues, Fee.o;, and A~sessmenL'i, if any. To the extent thai Lhe.o;e items are Escrow Items; Borrower shall pay them in the manner provided in Section 3. BOfTOwer flhall promptly discharge any lten which has priority over this Security Instrument unless Borrower: (a) agrees in writing lo the payment of tile obligation secured by the lien in a manner acceptable 10 Lender. but only so long 8.0; Borrower is perfonning such agreement; (b) COnlesl"! the lien in good faith by. or defends against enforcemcnl of the lien in, legal proceedings which in lender's opinion operale 10 prevent the enforcement of the lien while those proceedings are pending. but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Securily WASHINOTON-Slllgl. Famlly--Fanni. MaelFreddie Mac UNtFORM INSTRUMENT DNdof irust·WA 2006-WA (011111) First American Title Page4af11 Fonn 30411101 First American Title DOC 10 f: 00024186184202012 InstrUmenl. If Lender detennines lhat any pan of the Property is subject 10 a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which thalllOticc is given, Bonower shall satisfy the lien or lake one or more of the actions set ronh above in this Section 4. Lender may require Borrower to pay a one-time charge for a reaJ C1;lalc tax verification and/or reporting service used by Lender in connection with this Loan. S. Property losurance. Borrower shall keep the improvcmenL'i now existing or hereafter erected on the Propeny insured against Io.o;s by fire, hazards included wililin the teRn "extended coverage," and any other hazards including, but not limiled to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amOunL'l (including deductible levels) and fot the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the tenn of the Loan. The insurance carrier providing the in5UnU1ce shall be chollen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shan not be exercised unreao;onably. Lender may require Borrower to pay, in connection with this Loan, either. (a) It one-time charge for nood zone determination, certification and llaCking services; or (b) a one-time charge for flood zone determination and certification Strvice.'1 and subsequent charge.~ each time remappings or similar changes occur which rea'lonably might affect such delennination or certification. Borrower shall also be responsible for tile payment of any fees impolled by the Fedcra1 Emergency -Management Agency in connection with the review of any nood zone delennination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages dc.'lCribcd above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. 11lercfore, such coverage shall cover Lender, but might or mighl nOi protect Borrower, Borrower's equlty in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect BOITOwer acknowledge! that the COSt of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obLained. Any amounts disbursed by Lender under this Section S shall become ndditional debt of BOITOwer secured by this Security Instrument. 1bese amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals oC such policies shall be subject to Lender's right to disapprove such policies, shall include a slandard mongage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender sha1l have the right 10 hold the policies and renewal certificates. If Lender requirc.'I, Borrower shall promptly give to Lender all rccelpL. of paid premiums and renewal notices. If Borrower obtains any fann of insurance coverage, nOl: otherwise required by Lender, for damage to, or destruction of. the Property, such policy shall include a standard mortgage clause and shall name Lender as mongagee and/or a.'1 an additional loss payee. In lhe event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of lo.~ if not made promptly by Borrower. Unlcss Lender and Borrower othCtwisc agree in writing, any insurance proceeds. whether or not the underlying in:rurance was required by Lender. shall be applied to restoration or repair of the Propeny, if the restoration or repair is economically fea.'1ibJe and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceed. until Lender has had an opportunity to inspect such Property to en.ororc the work has been completed 10 Lender's satisfaction, provided that such inspection shall be undenaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progre.~s payments as the work ill completed. Unless an agreement is made in writing or Applicable taw requirell interest to be paid on such insurance proceed!, Lender shall nQt be required to pay Borrower any interest or earnings on such proceed ... Fees ror public adjusters, or other third parties, retained by Borrower shall not be paid oul of the insurance proceeds and shall be the sole obligation of Borrower. If the restomlion or repair is not economically feasible or Lender'S security would be lessened. the insurance proceeds shall be applied to the sums secured by Ihis Security Instrument, whether or not then due, with the excess,. if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and soule any available insurance claim and related matters. If Borrower does not re.~pond within 30 days to a notice from Lendcr that the insurance carrier has offered to seule a claim, then Lender may negotiate and settle the claim. The 3D.day period will begin when the nOlice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby a~sjgn, to Lender (a) Borrower's righl'110 any insurance proceed ... in an amount not to exceed the amountll unpaid under the Note or thi ... Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insorar as such rights are applicable to the covernge of the Properly. Lender may usc the insurance proceeds either 10 repair or restore the Property or to pay aroounu unpaid under the Note or this Security Instrument, whether or nOI \hen due. 6. Occupancy. Borrower shaJl occupy, establish, and use the Property as Borrower's principal residence within 60 days after the exocution of this Security InslrumCnt and shall continue to occupy Ole Property as Borrower's principaJ residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be ~onably withheld, or unless extenuating circumstances exist which arc beyond Borrower's control. WASHlNQTQN..Slngle Famlly-Fennle MaelFreddle Mac UNIFORM INsmUMENT Deed of Truat·WA 2O()5.·WA (0G/11) First American Title Page 5 of 11 Fonn 30481101 First American Title DOC IO I: 00024186184202012 1. PraervadoD, MalDlcnance IlIId Protection or the Property; IupedlolU. Borrower shan not destroy, damage or impair the Propeny, allow the Property to deteriorate or commit wa.~te on the Property. Whether or not Borrower is re.~iding in the Property, Borrower shall maintain the Property in order 10 prevent the Property from deteriorating or dccrea.o;ing in value due to iL~ condition. Unles!! it is determined pursuant to Section 5 lhat repair or restoration is nol economically fea~ible. Borrower shall promptly repair the Property ir damaged to avoid Further deterioration or damage. If in~urance or condemnation proceeds are paid in connection with damage to, or the taking of. the Property, Bonowcr shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds (or the repairs and rcstarntioll in a single payment or in It series of progress paymenl'i I1S the work is completed. I( the insurance or condemnation proceed! are not sufficient 10 repair or reslore the Property, Borrower is nol relieved of BOlTower's obligalion for the completion of such repair or restoration. Lender or its agenl may make reasonable entries upon and inspections of the Property. I( it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice al the time of or prior to such an interior inspection specifying such reasonable cause. 8. Oon'ower', Loan AppUcadoa. Bonowcr shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or wilh Borrower's knowledge or consent gave materially false, misleading, or inaccurate infonnation or statements to Lender (or failed to provide Lender with material information) in connection with the Loan, Material representations include, but arc not limited 10, representations concerning Bonower's occupancy of lhe Property as Borrower's principaJ residence. 9. Pl'1lleetioD of Lender's InteresllD Ihe Property and RIghts Under tbls Security Instrumeat. If (0) Borrower fails to pcrfonn lhe covenants and agreement' contained in this Security Instrument, (b) there is a legal proceeding that might significantJy affect Lender's interest in the Property andlor rights under this Security Instrument (such a'l a proccoding in bankruptcy, probale, for condemnation or forfeiture, for enforcement of a lien which may attain priorily over this Security Instrument or 10 enforce laws or regulations), or (c) Borrowec has abandoned the Property, then Lender may do and pay for whatever it; rea,onabJe or appropriate 10 protect Lender'! interest in the Property and rights under this Security Instrument, including prolecting andlor assessing the value of the Property, and securing and/or repairing the Property, Lender's actions can include, but are not limited to: (3.) paying any sums secured by a lien which has priorily over this Security InsO'Umenl; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property andIor rights under !hi' Securily Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited 10, entering the Property 10 make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is flOt under any duty or obligation 10 do so, It is agreed that Lender incur.; no liability for not taking any or all actions authorized under this Section 9, Any amounl'l disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by thi, Security Instrument, The.~ amounts shall bear inlCrest at the Note rale from the date of disbursement and shaH be payable, with such interest, upon notice from Lender to Borrower requesting paymenL If lhi" Securily InsltUment is on a leasehold, Borrower shall comply with an the provisions of the lea~. If Borrower acquire.'l fce title to the Property. the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing, 10. Mortgage Insurance. If Lender required Mongage Insurance as a condition of making the Loan, Borrower shall pay the premlums required 10 maintain the Mortgage Insurance in effeCL If. for any reason, the Mongage Insurance coverage required by Lender ceases 10 be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, BOlTOwer shall pay the premiums required to obtain coverage substantially equivalent to the Mongage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an ahemate mortgage insurer selected by Lender, If substantially eqUivalent Mongage Insuranee coverage is not available. Borrower shall continue 10 pay to Lender the amounl of the separately designated payments that were due when lhe insurance coverage ceased to be in effect. Lender will accept. use and retain thc.'iC payments as a non-refundable loss reserve in lieu of Mortgage Insurance, Such loss re.<;erve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for lhe period that Lender requires) provided by an insurer selected by Lender again becomes available, is oblained, and Lender requires separately designated paymcnL, loward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in erfect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any wril1en agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section to affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity thai purchases the Note) for cenain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. WASHINGTON-·Slngl. Family-Fannie MltelFreddle Mac UNIFORM lNSTRUMENT Cead 01 Trust·WA 200S··WA(06l11) First American Title Peg.S 01 11 Form 31MB 1101 First American Title DOC IO f: 00024186184202012 Mongage insurers evaluate melr lotal risk on all such insurance in force from time to time, and may cnter into agreements with other parties that share or modify their risk. or reduce losses. The~ agreements are on tenns and conditions that arc satisfactory 10 the; mortgage insurer and the othtr party (or panies) to these agreements, These agreements may require the mortgage insurer to make payments using any source of funds that Ihe mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiunu). A3. a result of these agreemenlS. Lender. any purchaser of Lhe Note. another insurer, any reinsurer, any other entir;y. or any affiliate of any of the foregoing. may receive (directly or indirectly) amounts lha! derive from (or might be chataCteri~d as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying lilt mortgage innarer's risk, or reducing losses, Ir such agreement provides that an arfiJiate or Lender tnkes a share of the insurer's risk in exchange ror a share or the prenUums paid to lhe insurer. the arrangement is orten termed "eaplive reinsurance." Further: (a) Any Incb agreements will not .rred the amouotl that Borrower hu agreed to pay tor Mortgage 10lurance, or any other terms or the Load. Such aveemenQ will Dot increGse the amount Borrower wID owe tor Mortgage 10lurante, and they wlU not enUde Borrower to aay refund. (h) Any .ueb agreemeatJ wUl Dot affect tbe rights Borrower ha, ~ If any a with retped to the Mortaaae Inlur.nce under tbe Homeownen Protection Ad 0' 1998 or aoy otber law. These lights may IDdude Che rlpt to receive certain dlsdolures, to request and obtain eaacellaOon 0' tbe Mortgage In.unnce, to have the Mortgage [munUee terminated automadc:aUy, aad/or to receive a refund of' auy Morta.ae lusurauee premium, that were uoearDed at the Ome 0' IUch cancellaOon or termlnaOon. II. Assignment of Mlsttllaocou, ProceeWj Forfeiture. All Miscellaneous Proceeds arc hereby assigned to and shall be paid to Lender. Ir lhe Propetty is damaged. such Miscellaneous Proceeds shall be applied 10 restoration or repair or the Propeny, it the restoration or repair is economically reasible and Lender's sccuriry is not lessened. During such repair and restoration period, Lender shall have lhe right to hold such Mi~cellaneous Proceeds until Lender has had an opportunity to inspect such Property to enrure the work has been completed to Lcndu's satisraction, provided thai such inspection shall be undertaken promptly. Lender may pay ror the repairs and restomtion in a single di,~burscment or in a series of progress paymenL1 as the work is completed. Unlc.'I.~ an agreemenl is made in writing or Applicable Law requires inlCrc.~' to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any intere.~t or earnings on such Miscellaneous Procecd.~. If the rcstomtion or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sum~ secured by this Securiry Instrument, whether or not then due, with the exces." if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. tn the evenl of a total taking, destruction, or loss in value of lhe Property, the Miscellaneous Proceeds shall be applied to the sunu secured by this Security Instrument, whether or not then due, with lhe exccs." ir any, paid 10 Borrower. In the event of a partial taking, destruction, or lou in value of the Property in which the rair market value of the Propeny immediately before the partial taking, destruction, or Io.~s in value is equal 10 or greater than the amount or the sums secured by Ihis Security Instrumenl immediately berore the partial taking, destruction. or loss in va1ue, unlc.~ Borrower and Lender olherwisc agree in writing, the sums secured by this Securiry Instrumcnl shall be reduced by me amount of the Miscellaneous Proceed~ multiplied by the rollowing rraction: (a) the total amount of the sums secured immediately berore the partial taking, dc.~truction. or loss in value divided by (b) the fair market value or the Property immediately before the partiw taking, destruction, or loss in value. Any balance shall be paid to Borrower. In me event of a partial taking, destruction, or loS.!l in value of the Propeny in which the rair market value or the Property immediately before the partial taking, destruction, or loss in value is less than the amount or the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Stalrity Instrument whether or not the sums arc lhen due. If the Propeny is abandoned by Borrower, or ir, arter notice by Lender 10 Borrower that the Opposmg Party (as defined in the nexl sentence) offers 10 make an award to settle a claim ror damages, Borrower rails to respond to Lender within 30 days arter !he date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either 10 restomtion or repair or the Property or 10 the sums secured by this Security Imurument, whether or not then due. "Opposing Pnrty" means the third party that owes Borrower Miscellaneous Proceeds or lhe party against whom Borrower has a right or action in regard 10 Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whelhcr civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Propeny or other malerial impainncnt of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration ha.~ occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that. in Lender's judgment. precludes rorreirure or the Propeny or other material impairmenl or Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim tor damages that are attributable to the impainnent or Lender's interest in the Property arc hereby assigned and shall be paid 10 Lendu. All Miscellaneous Procteds that are not applied to restomtion or repair or the Property shall be applied in lhe order provided ror in Section 2. WASHINOTOH·-Slngle Family-Fannie MlelFreddt. Mlc UNIFORM JNSTRUMENT Deed of Trult-WA 2008··WA (06111) First American Title Pegl7of11 Form 3048 1101 ,---------------------------------------------- First American Title DOC IO .: 00024186184202012 11. Borrower Not Rtleased; Porbearanee By Leader Not. Waiver. Extension of the time for payment or modification of amonization of the sum .. secured by lhis Security Instrument granled by Lender to Borrower or any Successor in Inlerest of Borrower shall nOI operalc to relea.~e the liability of Borrower or any Succcs.~ors in Interest of Borrower. Lender shan not be required 10 commence proceedings against any Successor in Interest of Borrower or to refuse 10 extend time for payment or otherwise modify amortization of the sums secured by lhis Security Instrument by reason of any demand made by the original Borrower or any Successors in 'ntere'" of Borrower. Any forbearance by Lender in exercising any right or remedy including. without limitation, Lender's acceptance of paymenL'I from third persons, entities or Successors in Interest of Borrower or in amount'!: le.'!:s than the amount then due, shall nOI be a waiver aCor preclude the exercil«: of any right or remedy. 13. JolDt and Seve .... UabWty: Co-slpen: Suceesson and A"!gnI Bound. Borrower covenants and agrees IIlat Borrower's obligation.'! and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but doe.'! not execute the Note (a ~co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the cosigner's interest in the Propeny under the terms or Ihis Security In.'!ttument; (b) is not personally obligated to pay Ihe sums secured by this Security Instrument; and (c) agrees thai Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard 10 the tenus of this Security Instrument or the Note without the co-signer's consent Subject to the provisions of Section 18, any Successor in Interest of Borrower who as.wmes Borrower's obligationR under this Security Instrument in writing, and is approved by Lender, shall obtain all or Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unle.'>S Lender agrees to such release in writing. The covenant'! and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and a!.signs or Lender. 14. LoaD Chargn. Lender may charge Borrower fees for services perfonned in connection with Borrower's default, for the purpose of protecting Lender'.~ interest in the Property and righl'! under this Security Instrument, including, bUI not limited to, 8ttomeys' fees, property inspection and valuation rees. In regard 10 any other fees. the absence of express authority in this Security In.'lwment to charge a specifIC fee to Borrower shall nol be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which selS maximum loan charges, and that law is finally interpreted SO that the inlere.!U or other loan charges collected 01 to be collected in connection with the Loan exceed the pennined limits, then: (a) any such loan charge shall be reduced by the amount nece"sat)' to reduce the charge to the pennitted limit; and (b) any sums already collected from Borrower which exceeded pennitted limits will be refunded to Borrower. Lender may choose to make Ihis refund by reducing Ibe principal owed under the Note or by making a direct payment to BOJTOwer. tr a refund reduces principal, the reduction will be treated as a pnrtia! prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Bonower's acceptance of any such refund made by direct payment to Borrower will constitute a waivct of any right of action Borrower might have arising out of liuen overcharge. 15. Nodces. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice 10 Borrower in connection with thi.'! Security Instrument shall be deemed to have been given 10 Borrower when mailed by finl class mail or when acrually delivered 10 Borrower's notice address if sent by other means. Notice to anyone Borrower shall constilUle notice to all Borrowers unless Applicable Law expressly requires o!herwise. The notice address shall be ~e Property Address unless Borrower has designat.ed a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifics a procedure for reponing Borrower's change of address, then Borrower shall only repo" a change of addres.. through that specified procedure. Then: may be only one deslgnatcd notice addres.. under this Security Instrument at anyone time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unle.'lS Lender ha.'! designated another address by notice to Borrower. Any notice in conn~tion wi!h this Security Instrument shall not be deemed to have been given 10 Lender until actually received by Lender. If any notice required by this Security rn.~trument is ruso required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requiremen1 under thi.. Security Instrument 16. Govemlna Law; SeverabWty; Rules 01 Construedoa. This Security Tn!;trument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requiremems and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by conU8Ct or il might be silent, but such silence shall not be construed a.'l a prohibition against agreement by contract In the event !hat any provision or clall~e of this Security Instrument or the Note conflicl'l with Applicable Law, such conflict shall not affect other provisions or this Security Insuument or Ihe Note which can be given effect withoulthe conflicting provision. As used in thi.~ Security lnswment: (a) words of the masculine gender shall mean and include corresponding neuter word3 or words of the feminine gender, (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may· gives sole discretion without any obligation to toke any action. 17. Borrower'. Copy. Borrower shall be given onc copy of Ihe Note and of this Security Instrument WASHINOTOft.-Slngl. Family-FIInnJ. M.atFntdclI.U.c UNIFORM INSTRUMENT D.~ of Trust·WA 200e .. WA(OaJ11) First American Title PII~8of11 Form 3048 1101 "First American Title First American Title 'First American Title ..... ":~~~w. ~!ft:t:!~)~~l,~.;..~~,~~I.~(I~."I First American Title ... _--------- 'First American Title First American Title 'First American Title First American Title .- . ~ .. • !:.~ • ..: ,.. . . t~··c::::t ~ \Y ,'," --~-.-~.-·-:;;;42~··-.:J..;-, _. ,-~. ;~j",.,. J ........ v~.j,'~1 . ~ J.. ~ .J'..' ...... V\..-.-:/'¥V ,IV'~-":)~.., 1'k41 • .u.a.t'~ _<."t't-1j, _ l"'t<.-_, ... ......:,...c ~ . .4 p -z.,,"I·~ p.~ ___ '-~47 i /Res.rvatlona and exceptions contained in deed from the i i Northern Pac~ "1c Railway COIIIpany, ~'~:lch_tJ:.tle /' 1.·-c',"'d, recorded S'Ptember lO~1902, ili'volwae 298 of ....... ·-~-·306, under a\\dltor 'a file No. 241250. \ re ..... 'ot aa1d'~' aubstutla11y ~a f011o.11 I R ••• rv1ns and exelptlng from I!llid delcrlbed p~.e.: II ao _h and auoh psrta thereof all U7 t .' U il \U§ c?nt&ln coal or iron and al.o-the use and :1 tIii l'1Sht and tl tie to the use ot lIuch lIurtace f, srouncl .~ m&7 be nlcellsary tor mln1ns operatlona ~ ,; an6 the ri~t ot access to lIuoh rellerved and exoepted II awnl l~, inclucUng lands contam1ns ooal' 01" '1'1 ! ~\m. for the purpolle or exploring, develoP1ns and working the 11&l1li1. . , I . . .: .. '\~' '." . > -I!il., .• ----------.-. .... k.. 'First American Title 8. Exception_05_81 05290905 .' .~. 'y. " .,.,. ..... t'/ ..i~,',:;, -. .-~ . .-::, ,::"4: ',' .~ '.~< . q . . , .. , First American Title .~ .. ' • 1 EASIlMEl\"fFORUNil£RGROVNDELECTlr.~n'STEM IlECORDED Tlg~ DAY IIir Z' -2 5&1'11'81 ~y.~_~.:. _ M~~~E~_ ~ . _~y .. ~_~ .. MILL,E,R,· _ h.u~b~~~ ~n~ wife;' K.~ !'·.~:Mi~~r~~ A'tllliS.Q.tiL.h.~~anQ. ~n~. w.if~~. ,a,.s tl:).f;!'~r in.tQ:rest ~y._a'pp~j!.r..J~L_aft;"IQCIJO!Ib!'e~, ('1..iranlt>t" h"f'P.illl. II":lflb.' aln\<"1.11 .In.1 \\"art"atll$ ,., PL'el. SO(;XD PO\\,D .. Lllm (.~.lPA.''Y; a·w..bi ..... I::CM" 'pQralion l"Grantf"'" h.·r,·inl. rnl iho:-purJlIl.'\I.s h .... i'i~\ft.1f soot fl'Mh 01 pt'tp.!IUil' r~lnt'nl IIndl':l'. ~ and O\'er !he rol· Im::uxt! dl.'SCfiht"(: " dl pn>I .. ·rt~ Itho-"I'ruj-=rt~" oordni _ _ .J~~~q . ___ lAlUflty. W~h.irlJlon. The south 260.11 feet of the West 1/2 of the West '1/2 and the East 1/2 of ".he West 1/2 of the Nctthwest 1/4 of the Northwest 1/4 of the southeast 1/4 of section'1S, Township 23 do.cth, "kAnge S·.t!aSt, W.K.; s.i,.i.;.uat.t: 'iil King County, . Washinqton; . Being, Lot.s I, 2, 3 and 'l'ract ·X" of· proposed' Shott Plat No. 8900S9R. 131"/05/29 "'0905 L- RECD'F ";50 CASHSL . ****4.50 . . . . '. . . 000000.00 ,E:t.t""P1 a.' m~r r;.! otht-rw~ St't i'll'th hert'ln Grantt'f"s rt,/ht~ .¢.;'l1l 00 ex('!'dSl>(I uJIlIIIlhat pnrlion rd tbe~' Uhf': ~Right of Wa\'" hl'fdnl dNlCfillt'd .t!! follo\u: <';1 Risli t i i'li.,~~ ":":""_-~~!':.ftot.tin~~.Ir::.:-.:.=.=,:,===.-:..--=--m.ot uhi!d\-crtmtrurnmcti'mte"uI'ir't1!mer- l_~~ The nort ... 10 feet of the east 10 feet of 'the 'south 260.:11 feet of the 'West 112 of the West 1/2; AND, the vest 30 feet of the north 560 feet of the East 1/2 of the West 112.' I. Purpose. Granll~f~ !;hall hil\'~ Thl: ri!l'htlCl r.onJ<trucl. np,~rlll!!. maintain. repair, rcplacp-~iltl enlllr,L.'C an underground electric Iran~mi~~it>n aridill~ ',Ii!llrihution 5y~lf'm.ul'tlJ'i i1nti unrll.'r the Ri~hl-of.\\'a~· IO!l~lber uilh all neCMSllry or rotwenient ap- . purTenance,; Ih,1rdN. whlr.h may indudp. hul 14fe nnT limitrd tn Ihe (oHo\l'!nl:: undl'fl!ITlund conduits. cables. oomm'unication lim~: ,·null$. manho/,'lI. 5\\ itc:h,'S. and t",n.forr.u~r~; ilnd l\I!mi,hllricd nT .!ll'f1und Olnl!llh~d f:tr;jlilie$. FollowillJi the inllial con· 51n:t:lion of it. fHf:iliTi .. s. l~ranh'f: may from limr. t" tim" fl'lostn':I' such additinn~1 fOldlities as il mar reqo' _. to Ac::cess:i,;ranlct' shall ha,'e lhe riP11 01 a~ IO'lh" Rl~'ofll.Wal· 0\'P.t and at:rOSllhe Prc:ipern'loenableGranlee 10 ell"er· ci~ ils 'ri¢ll~ hereunder, prn\·idp.d.lhal Granl(!p. shal! oompensaw Grimtilr fur any damaJro iu the Prop(rty caused by the ell"er- (.ist' nf sairi:ri.,hl nr a·~t:t'!I.'. 1. Obiiructklns: ~pinJ. GranIcI' ma~ :rnm :iml1 tn lime ft!mO\'e trees. hushes: or other obstructions u.ithil"! lbo' Right· of·\\'ay and may le,·!!1 nnn Fade Ihe Righk'>l'.Way 10 the exlent rea50nabJ~' nece5NIfY to carry out tIM: purposes W:1 foTfh In paragraph I hr.!'1~nf. pfo\idf':d. tild.llolJowlnll any such wad:, Crllnlee shae: 10 the ,e.~~nl tessonablr p..acticablfo, ~re the Right-of,\\'ay 10 Ihe ronelilinn il was immooi81r.ly priN In ~uch work. Followinll ine instillation 01 Gral;llee's. underground fliolUies, Gi"antt)r mar IIndr.rlake any nrdin~ry impro\"r.m!!nIS lo'lhe landscapinp..,f the Right-of-Way. provided thai no trf!ell ('f nlil!!r r'rinl~ ~~"II hr.·plllet·!1 th~rtmn \\"hith \filultl II(, (JOff'aSll!,~hly ~lCpcnsh'fl or ir:ip!'14clical for Granlee lro remO\'e and rf'".IIlfr.. to Graplot', Usc of Ri&ht-of-WI)·. Granlllt n~!!I'\'~ 'h(~ ri~1 In USl' th .. Ri)lhloQf,Way rOI any purpose n~1 illC'!)nsislcnl with Ihe O,L."lIS IIl!rein granted . .I'fO\-idccl: 111111 Gran.r.r sh1411 nnl f:On~lnu:1 nr mninl~in any hullding or olher strl!Clure on the Rlllhi. or·w~\· whir.h Wmlld inlmren, with 'he f.!xr.tciSf!' of the righl~ ho::rr.in llT;;l:'lIMi: thai no di~ng. lunnelill80f •. '!h"~ fOTT:'l of cen· slrucliem actidty shall he don~ un. tho! Pro~l'tfly which \\'ould d!,turh Ihn t(lmpaction or unearth'Granlee·' :acililie.1 on the Rillhl-<:[·\Vay. or enciao)!,or Ihe '141~r141 SlIt!flnrl 10 Min far:llitl~: and thnl no hl~~lin~ shall he done wilh!n 1S feel of lhe Rlghl~f. Wa~·. . . 5. lndrmuJ!ty. By acc:epUns and record1na: thb easemenl. Granillu agrees 10 indemnif\' and hold harmless Grantor (rom an)' and all cl8imsfo~ lnjilries andiordamlllleSluffered by an)' person wh!ch ma)' bl! Cilusod by lhe Grantee'. exerdJe 01 the rilhtl hemn Btanlest pr<n.ided, Ihat Grr.nte4! sball not be fe:tpOnSlble 10 Cranlor {I)r any inlu~ and/or damaJea to AftY pltIOft caused b}' acts ur omlasl.ons of Grantor,· . . Ii. Ab~ndonment. inc rill'hl.'; h(~rd" grnnll!fi shnll continue until slIr.h Ijmlll.li Grilntee ceases 10 '1~ Ihf:'Ri~: • \\',(1' 1m' ;1 period IIf fi"e f3! lium~ssl\'l! YH:Jts. in whir-II cmnllhi5 ·~;Ili'lm.!nl ~h14!ltr.rmin;;h~ 'ood all rights hereunder shall rev· '., I ;(.UI. lor, prol'lfiL-rilhal no ahandDnrnem .. :~all he deemP.lI In hal'(' ocr.urrL'(1 11)' rt,a$CIn of Granlp.,,·, railu~ 10 inilf:!!!y IIIJ1.l,.1I I" facililiM vn thf: Ri~hl.(lr-\\'lI~' \1;lh:,o; Ilny pl!flurl (,' lim" !ronl Ihe dlllo' hf'rr.fJf. 7. Successon and AAlp. The rillht!l IIR,I ohligaTion. of !hl' fmrli"3 sholl inilr(l 10 Ih~, henefit of and be bindiritZ Uf)Qn Iheir rr.~Jlf!(;liw ~'1r.r.c$\i~11l.i~!5Sjgns, ~ILEO FOR RECORD AT REQUEST OF; . . . 960236 PUGET POWER ~' .... ~~"~.;:.:: 7: • ,"'-;-:'- KJ/44 HEAL ESTATF. DIVISIUN !':':~(:'\":":.".' 235/60 PUCiFr POW(i1 BLDG. "Jl _ .. ,--., . ' .. BELLEVUE. WAS>""GTOI. ~ ,tll-1111 JIlA d _ h , [ ','I:'N;i;·t:,;.: , ........ "'r'" cOt' t • • 1!.11' 1 ,~ '-'" ..... .i 'Fi'rst American Title 8 ~ 29 . srA"!"EOfW .. \SHINGTOK ss cO mu~TY OF' . "King I First American Title . On ;h,j d~r I~;r~mall~' ;;IIIIo'~Mi ~.!~! m.. H:t.rv is. ,14,6 and, MariE"_ Jiil l.:~.~ _________ , __ m me known In h.· In" imlid,I'lll ,9 _ cll!$t:ril,,~1 in <lllti whu .·lI;I'Cul .... 1 III,· within and f,,,..')!Pi'Rf! insto'Um<'!i'It. MId ~ thai ..tb..ay . ~i~o''II·t''·· !l.LnW ,~~ their fr.,· ;011,1 \'.,h1nI.lt~· ~d ;"1<1 d''<'tl fUf rh.· u,...~ '!lId !,uq"""~ ,he'l'!in menriO'1I!d. ST."TE OF\\':\~Hl:_.:GTO:'\ I '" 'Q]W,TY:JF Ki~g . t ,19_,:L_, __ --"'-~_~ .. : __ ~:L..!..~'.';"""I'''~~':~-_-'':''_'_' '~olIill')' Puhlic it: and ftlr the Slale of WashIl'I8km •. resitlil\jl at __ .• _ :.......-_.;...F..,., ..:...-______________ '_,' On Ihis da\" Jlf!r.I(Inllll~· appo~ilwd h<-fOTC mol' ---------------:--:--:-:-,----,-:-,--0-:-:--:--:- 10 me known 10 hi! the .indiviriual _ t!~tlhoo in ami who CXcclilcd the within and rOTl!).l{)in)! instrument. anJ ackooWledied thai . _-.:. ___ ,;.II-""~ thn'!amr a~ ____ rl'l'l~ :inrl \lllunl;U)" .)11 an,1 ct\~ fot !!'It' tlS($ ~lld rml'JlOSfflllhereiri menri~. STATF. O..-W .. \SI-IIXfiTO;-'; I SS COIJ~TYOF j ~o!.lry PI;blir. in ;,ii!1 for the St: Ie "I" \\'ashi~on. rcsiflir.)! at CORPORATE ACKNOWLEDGMENT On 11115 __ flay uf _____ ... _. __ ._ ... __ , __ ~ .. 19 _0_ , ho:fort: Int:. the ~n1~rsb;nt:d: veBOnally appeared _____ .. __ . nnd ____ _ 0 ____ .. 10 me knm .... n to \;f'! the _____ .o.~ __ ~._. __ ...:.... and ~._-" __ ._____ _ . respecti\'ely. of . . _. the cOl'(Wlratlim that e"eculed the foregOing Instrument. ann ilc:knO\~'II;d,,'f!cl thfj said inslrumflnt If! hr: In.! fr~' and "nluntary act ilnd det~'1 of s..id ~·rp!)ration. lor Ihe uses and purposes therein mlmll"m:l!. alul o!'ll~llh ~t<l1111 Ih,1\ _. ____ .. ____ 0_' __ ' __ authori7.ellln CX~lIlp. ltie said instrument and thai the llNl1 "rfb;f'fI is .h.1 rnrpor;.III! seal "r ~;Iirl r.r;rpnrnlion. ~nt~rr Puhlir: in -ilnd ror thl! Slale or \\'ashin.tlon. rcslrUn~ ~I . ___________ . _ ... ':;.-1 First American Title I I i ! , , .... Cl g ., . \ l"IL~:D FOn 1!~.:C(mD A'l' 'I'HE Hf:QUEST O~': KIUG c.ouri'rr W:ATf:n DIS'rrIG'l' 110. "90 15606 s.~. 128th Street Renton. WnshiriRton 98055 t-.:,!-SEt4F:NT NO. 15-2:1-5-1 PROJt."C'r M<;trvis H. ~1111er .~~-- 140il S: E. 136th St. Renton. 1-1A. 98055 . TiUS lIiDENTURE, mAde thin _-:l,,~' tiny of A/.." q ... ·;T. . ~9~. by nnd: betveim KlflG CQUrrry WATER DISTRICT rIo. 90. n· nnln lcir".l cot'JlO.r:aJ.ion ,i:t ~ing County. l-18shillgton~ hcre-. inafter termed the "Grantee" nnd --.:Lll.L~r:.;_ ... lLJ. )1 It (i.. L" ____ • • hereinartcr termed t.he "Grantors 11 jJ . WI"'}' II 10; SSt T 11 . .,. ~ ,That the said Grantors for Ll valunble considerntion • receipt of ~ "hieh is hereby ucknowledeed by the Gralltcc, does by these presents convey, grant and warrant r unto the Grantee n perpetual/temporary caocment for vater mains and appurtenances under, ) through, nbove, n~ross the following described property situated in Kine' County, ~Tashington. together with all aCter acquired title or the Grantors therein, and more particularly des- cribed as folloll3: Tract "X" of King County.Short Plat No. 880059, recorded under Auditor's File IJo. 8107010684, records of King County, \-lnshington. 3\· :: :E,:~! -= ':J~':~';:,"_ -' .• -::;. (!(i 'T'he Grantor warrants that their tItle is free nnel clcnr of all encumbrances e>:£t2pt! If the property of the Grantors nt the time ot" granting this easement is unplatted b'1t is platted prior to the recording oC tllis docu,nent, then the Grantors do hereby aut.horize the Crantee to ndd to thin agreement the designation (volume and pagC', et.c.) of Couch plat. The Grantor ackno1llec1gcH that part of the' consideration being paic1 by the Grantee is for any and nIl damage result ina to o'r resulting herellCter Cram the possible interCerence of the naturnl flow of nurface \/'llters by Grantee's digging of pipe lines \/'hieh may disturb' the soil composition vitl1in eald casement. The said. Grantee shall have the riGht vlthout prior institution of any suit oC pro':' cecd.irit: at laY, at silch tilne ns may be necessary, to enter upon the easement for the purpose of constructing, repairins, nlterinr, or reconstruct inS s(t.id water maills. or making any con- nections hercilith, \lithout i'nc\lrring any lecal obligation or Uability therefor, provided: (I) . The Grantee, Water District. flo. 90. vill restore Grantors property to 0. condition as aood IlS or bett~r than the premioes \lere prior to entr,y by the Grnnt~~. Water Dint.rict No. 90; (2 ) The District \lUI cx(!rcisc its best. efforts not. to d.ama.ge any pl'ivo.tc improve;oents on the et.lse~·.t. herein .. but if it docu su, it' shall repair nnd/or repluce said' improvewmtsj . '.'. ,. :'i .• ~"-".~~.;::i:~-:.;.-';"J:~ .. iy. .. ~~"; ... ~"'~~~.11'": ..... ~~ .... First American Title First American Title I I I i ... "';; .1 EAsr.r4EN'l' N9.· 15-23-5-1 ._-_._-----------,._. (3) Jlcsl:.orat:i.¢n--rtmlacClu,mt--repair_._shall be completed within 90 'days of the da.te of nny entry by the Distric.t· nnd snld' rer.torntion--repla.c~lhert--or repair-will be of D. quality nnd/or (lUaut'tty thnt is compar;lblc or b~t:.tcr than e~lsted prior to the Gl'antcc'sJ Ois:trlct' ~l. entry lipan the ,ellSeI'Umt. (I,), . The ,above uet forth conJltlons 'shnll o.pply not; Oflly to the lnitinl 'construction but also to nny To-entry by the Water District that. hecomen necessary tor repair and Jlll1intenan.cc of the vater line On nafd: ctumrn("nt. (5) Any damago.: and/or 'removal' or any 'oTnarn'!ntnl trell, flhrub, fence, or rookery be replaced "'ithin the aforementioned 90 d!\y period by' the Di!'ltrict. ahall II (1) 'l'he Grantor shall retain the rieht to use the GUl'fuce of the casement il.l· such use does g not interfere '\11th inl,;tnllation or the \later Ill,:d,n. lIovevcr, the Brant.or shall not erect t ~ buildings or -structures of n permat'll :It nature on the casement. during the existence of said ~ cnspment. 1M I ~ be The easement, during its exIstence, shall b~ 0. covenant running "ith the land and shaD binding on the succeSDorD, hei ... s. and lls::;ir,f1s 'of both of the parties hereto. ! I 19 __ , . , ,./~~<:\ .. Uj:t>,. ':'~'~' -l-t-...... ~ " :~,(,~(i;;~;~!:~:~)~} \ "\"":f' ~"'A:. -:,.' (J, : STATt::,Q'\li46K1I~I");' i couN~~i~;~kr~ '~'. ~ ,\ \ ~J ,.' Sf: • ) , ,1i7 ) hi" " )jI. 11 «.J.c£;,H>L.}_ 9N this day p~rson~~ly ~ppeared before me NI H.~ (/ .. S. IVI !VI i l/.~ __ aod .;jJl.tkt--L:b t~ </J'<'rtic-{' , ____ ~ to Ine kno"n to be the individual described in and \lho cy.ecUlt'ed the 1Iithin and forer;oing iw,trument, and acknot-llcdgctJ that ~ signed t.he same as tI /5 f:ree and voluntary net nnd deed, for the uses anti purposes mentioned. OIVEt'l unJer ''JY hood nod oUiciai seul this ~ : of :' '/' : 7 , 19...LL. ~~" LL (~.-""C''--o-~~~_ llOTARY PUBLIC in-and ror the State of Washington, residinlj at I~? S "., Si. J3 'I 5[ &4' b I; STA'l'E OF l'lASHUGTON ) ) SS COUlITY OF KING ) On this '}-~-day of 'd v ~l &.'-·~7 ____ • 19~, the lmd~l"siened. a flota:r-y Public in r;nd "for th~ Stnte of Wn.shing,ton, duly commiss.ioned and sworn~ personally appeared M j}J. V!.1 /VI IV( I 'f li, _ and / Z fl~l "t!' ;/..fl::..(',{;.Lt.-_ .,' 'II ''l!~ D &4 .' ' .• to r.le known to be the President and 8ccretnry. respc;c fvti'iY o~ -,,----~o-_o--o--co and tlcknowledep -th~ said instrument to v.! the free nhd voluntary act and d~ed of said, corporation, for the uscs nnd purpo::;c::; th~ret1l mentioned. First American Title -First American Title First American Title \ ".S."I"· ........... ,.", .... lo."oU, wK,WI' .. ,,,,,,),., a". iII: •• r. f~l ......... ,141 < .. ".~ .. 1/ ,,j •••• ft .. . u,v'1l' _do t~ ........ '<'n .... flr ... II~ft J~ to.",or...".-" .. UII Ih~ ,.q .. " ...... CO ", "",.,rJ ... 0101' .. , """~C~ ..... u ."" ;t;7;; :f:..-L::'",,,~ ,.,.::~ .. ". *'1if~ 'un "" ~_ • 00" ~~':_Y# -JUll 1991 ~""'T" ... , .. ~ .............. , ... ....... , ........ ~ ................. .-.-.. • t>~ .... ,.I.,. ................. T 1010, u fll. I .. V.ooI' -+- ... - ,.,.J,......,.!I:.. First American Title 10. Exception 07 8302011019 , i \ ,'j ,I " 1 S . ...!L, r.-1L R._'_ ~ c recordar·. use_ Fj led tor reCtJrd. ,n the reqUt!St of, Return to: il 8 ad lding & Land Oeve iCJff"lint : 4DO KC Acbninietraticn Bldg . . Seattle, Washington 98104 .' LEGAl DESCRIPTION ~HORT' PLio, NO_'·",'::::005",.,-' __ ~_ ,KING C'OUNTY, 'wASHINGTON Deput.ent ot Plannill9 4lId o:-uJit:!I Dev.lo~t BuU:Uog and Land Dllrvelojlllllm~ DJrisiOP" E~lUfIined and .ppro~ this.2L da!/ of __ ~~~4r~~~.,.~q1 ____ ,~ OIIvelOplE'nt DivIsion De'p.art_nt ot Publu;; fioru- ,·M Dl foetor 'I 1 SUBJECT 'TO EASEMENT FOR ELEC'IlIIC SYSTZH AS RECORDED UNDER A.P.' 8I05290ge5. AlSO SUBJECT TO EAS~ FOR VATBR MAIMS IJ, mORDED·UNDER A.F.''"8IlI240491; -j: ,.. First American Title K·"(l.~ '(ll "'C.:'(' F "., ~;" ". (':,; h· ,'":" i: . l -First American Title \ .~ ...... ------:----,---- , :'=";:li:" ~ ", .: •• ..::.:.:: -::~;;::. i" .• ::'.. 3': ;. :~?, ".: ~I· . . .. ~. . .... "1· ... , . -. .. -.. _. . 7' I '~""'.,JY~4 f~ i , ._...l~._ .. ____ . I a I ~i\ Ii I I ! I I .\ • l I , I I I i I 1 • , j; ., • ~ ~ i I -.: .... '" ~. 1 ~""""I"'" }J! .~o 'ft I ~-ll1 II § i:11 I' "01 ·13 :ir':~ ''t t, . '~.T1. & -1·i15 2 :'.,1,,)'1&,-. .. i I '$ 4 * , .,. r . ~ .. -;: -", ",,1;.71 (. . ,. ",,' 'W"~:·.,-= ~ . .-. _. .,~ .. ~f'M ~ !l ~ ·1 .-''I U.'.1o ..... ,. 'I!:lo ."'!I'." •. >-.. ~ ~ iIf. } .. 1\1! <:) 'j~ ~~ )" }, ;. '" to " WAP.rm:~: Yling Cvunty t!!lS.· no fS~ri:::;:::i:;~V to) ~c:i('. i:::?~~;'~. rr:1:r.:J:il l'i ~::':':\';"': ~.;;\'~-:-) !::c r:;:-::,·~ r':-:':,;, . 'C:,;;:£:.;(;J ~:.~:',;:; Cf p;;.":::-1' S~;~;{,;~ ~\I' the P1(j~~i~j G~rib,j ~1 ltIis sli(j~l f::a • h s Said easements to be ,ma~~~ed, ~aifed. nd/or rebuilt by lhe ownefS 01 the parcels aving legal ~ccess tl1~relro.,,'. and their heirs. as~:gr.s or succes~rs. unless "and untfl such roads are imp{o'~cd' to King County land.rd, and are deditated and acUpted by King Cowlly lor mailtmanCe. .. .Q~ ·/ .. ··' ..... -1 .~ .... "'."IAIL-""O .-----~::::::::::::~:::::::::::-:-:-~-~ .. ---"--~~::~---, ---_ .. ------- rhJ •• hoct },l.U; cOl"I"lltCl1., ::::::~!,:~~~~.~~ SyCVOV ... !:tV .. 01" W1ct.r .., in ~tOl'a.anc:. with tho! cwvWI'-"' •. ~ppcopri.t. st.t. And . .utuU O,.djrwllce. IE ---------.~.-. . -on File :~-e. .~ o ...... First American Title "Fi'rst American Title '\ """ :" ", • ,,.J""-,-.-., .' . . :....---DECL.lUUt.TION!· \ " .i , f "' I I ! en .. ~ .. I .J0.;CofI ALL MEt. ~y t'u"s~ presents', that ~le, 'tne' und.erSigned,:· ~ners in fe~ simplE-,[and c.ontract purchaser(!;) j of the lanJ herein described, do hcre~ by revise, Sho~t subdivision Application No.. ';'~j'O() "; 7 ':' ~8 re- corded or.:er Recording, No. 'IJ?tl'r~ :rZ' • -RecordS of K~n9 . county, Washington,' and by this Revlsed Short Subdl.vision thereof pursu- ant to RCW 58.17.060 declare "tt.is revised shc ... t plat to.,be the graphic ·:repl.~sentation of the same, and that said re ".sed ·~hor~·subdiv18ion.is dade with the free Consent, and "in accordance -with the desire of th~ owner.<s) • IN WITNESS WHEREC~ We have set OUT hands ar.d seals • Naill! . . Vice pre.iden~ A. D. 19£ before JQe, the __ - daly r • '. d '~Q55 . 0.-.! tn d,y 0' P"C'"!1i er "~ ..... _. __ P.bIic ill. and fol' 1M State of .!i.<>' • ri~ 00 ..-'--"-" .. • "1 u..l "'0'" C ...........,.. pi ';" ", -enCQ6 ..... _ ••• 11' .I~ ___ ~" "~'""--" (Acll. ....... I..tc-.. ' by Corpo.al;." .. PioIIR( NMicJnI,I Title lll$UfUlCf C ........ J· r .... L 29) Short Plat Xwnhcr YY~l:?"i .: Pagc_3 __ of_," __ .. ..~. First American Title • . .... I I " I .;: i' t First American Title "I '. _.,. \ " . i, -.... ~ -'~-'., 'S, Cm:01TIO~;S, "~D .RESTRICTtWS Rt:':~I~G WIT1 THE ·lA!m:· T:.:act(s) f'KIVATE. K'P. "f designated upon the plat as a private road and thoroughfare. is described in the King COuaty·Comprehen- sive plan as a "local acce!;is street or road" and in accordance lIdtb the standards thereiti •. may be re'luired for future County street; road. or thoroughfa~ e. . . 1. '·The owner. his grantees and aSsigris, berebp agree to, dedicate Tract(s) . to Kl~g County for right-t)f-way and street purposes, at 'such time as said. Tract(s) . is/are needed for those purposes. A Deed conveying Tract(s) =-...=-=,,-_ -;;;:;;:;--;;r.;-:;. to lUng County s'hall be executed by· the Owner, his graDi~s and assigns, and sball be dbli- vered to King ~UDty ~pon demand. 2. The owner, bis grantees and aSSigns, hereby &gree(s) to participate in, and/or-not oppose or protest, the formation of a County Road Improvement Distric~ (CRID) pursuant to llCW' 36.'88' or any Road lmproverpent' pr(>ject . sanctioned by King ·County which is designed' to ilIlprove Tra.ct(s) , and tbe"illlilediate stYeet system of Wb1Cb it 18 a part. Timing of the forn:atioD of said CRlD.or other road improvement project'shall be determined by King County. Tbe street improvement autborlzed by the CRID or .other road improvement project shall call for'the improvement of Tract(s) .P)tIV4~f @ , and its iDJD8diate street,system to at least the minimum i Dg·Cou~ty road standar~ . applicable to tbe-CRID'or otbe:r road project is 'f~d; provided that,' in situations _here there is a multiple ownership of properties-par- ticipating in "the formation of the CRIO, or otber. road improvement project, if a majo_rity.of the property, owners want a higher st-andard. l~e •• curbs,' gutters, underground drainage, etc. ~ tbat standard shall .prevail. . rage _+_ of _,,_ . F-208-a First American Title • , 'Fi'rst American Title 11. Exception ,08_960621 0966 - 1- r1l,oID toM. IICOID AT JIQClIIT or , me 1KIImr# .me. &acrow J'o. tUJI II1II IIICDtDD IUUL to Ont •. Iiu'U 1UN iIOIItMe. ... lS.tII It"" .lIabva. Q tlOtJ I • '.11 WIICI! .... RII aa.u', .. I i a R I I • L .. ·1D i S'tA1'OTORY IWUlAH'l'Y DEED Ln band pald, con • .,.. and warrant. t.o HBO,. IIUaAO ..., &IICIIlA amau. aul5BID AIm IIIn tn. followitlg daacru.4 rMl •• tat., aLtllated. iJ1 tbe COwtty of &lag. State of ".~4II9tCOt YML -=uftI ... III' TIP _ aftICIID DIIIN'l' ••• AD n Dl' l&IiItUCS ... NBDIIIW. ltato of ... bLagtcm Qo\UItJ of u., } ... na1d1rl9 at ~o.l!!:!I!II:III.A..""-T::"-----.,. _""'_0.4>"" ..... First American Title .7POOll .... . < •• • -,--------------------------------------------------------------------- 'first American Title - 1- ..-=........ J. First American Title " .. ' , • • • EXIIIBn"A" That portion of the southeast qlWter of the soutbo::ast quarter of Section 26, Townmip 2i Dorth. Range S tSSI, W.M., in King County, Washington. and ofthc: oortheast qUAl"ter of the northeast quaner of SeetiOD 35, Towoship 21 oorth, Raoge 5 ..... W.M .. ;. Kiog Cauoty, Washlngtoll. de!ieribed as foUows: Bqionioa " !be so\l1hweot co,"" of !be __ CjlIItIer Df tho .,UIbeosI q ...... of said Section 26; . th<ru:e so\l1h 89'30'21" .... aJoog the _ u.. _f20.00 feet; th ..... _ 0'01' """ 45.00 feet: then", _ 89'30'21""" 323.04 feel 10 the TRUE POOO·OF·BEGlNNINO;· th-!nce cootiouina _ 89'30'21" .... 69.07 feet; thcnco oor1h 19'37' .... 241.74 feet; thence north 51°42' west 93.11 feet;' thence south 51006' west 99.0 feet to a plint which bNrs oorth 0"01' east from the TRUE POINT Of BEGINNINO; thence south 0'01' """ 222.69 f ... 10 the TRUE POINT OF BEGINNING; TOGETHER WJ1l{ a no~lusive easement for fD&r1:a end egress over dHl followina de!cribod .... : Beginoing " the soll1hweot co,"" of the .. uthcut CjlIItIer of the __ quuter of ,tid Section 26; thence south 89"30'21~ CISl20.00 feet; thence south 0'01' west 45.00 feel to the TRUE POINT Of BEGINNING; thence saulb 817.)0'21" east )92.11 feet; thence SOUIb 19'37' west 70.66 feet: tnmce oor1h 89'30'21" '"'" 331.26 feet; thence _ 45' '"'" 58.l6 feet 10 the .... mqin of 160di A_ Southeast; thence oor1h 0'01' .... aJoog said mqin 10 the TRUE POINT OF BEOlNNINO. '. I· · 'First American Title 12. Exception. 09 _20050603001487 ~ADDRESS 7~'(ov\tn·k. ......,: /'" 'St"C1 i /~Z1t(i~.~1~; . ".,..:' ,.,' .~ t :,,' :: ;:' f <., .,' ....... "'."",.). PI~pri~ n.iItY~r~: i;~~4t"'('/ DoeumeutTltlo:··/ .• ' ,/ >;. ·/.i "",. ;"',;' .,- !(jng County Fonn-1lcUli's Notice,6fqil.SjtC S~:W3$e System PlJeration and Maintenance Requirements ..•. ,,/ ./ / .. / .\.... / / Referellce NUlllber(s) of R'lal.~~d 1,)~~¢~ts:i" \. i .. ' .. ' .( ':";; /' ~'''''' ----""."." .. "- '::",:. • .. Addlli",,'1 ~~.14 ~.P!oae .. ", ·.""H~~~.;;~g:~~o~p './ ::.:/ ';:"A Elilliei9A'gfF$:st r ::'" ,"" ,-' Ain~ricariTille Insuratice Y .-I; .' Company····)·· Additional Grantors o~p.~~ ,.;.. •• ___ _ "':( 'Gf8utee(sji;tl',t. Ff~;:.n .. cM:lddl.IDltlal) .", ..... ,,_ .... / ~ ~c.i' .. / ......... , ...... . // ...... ---------- Legal DesctlptlOIl (abbH;;'t!>d r."",, I~t. bI~.k,.~I.t~r '~di./b.lo1Yn.hlp, tange, qu.rl.r/qual"ter) .. · .. ··,-_· .'-, i": .c·_·-,· 4th> (leol! 0.$ 6xb\·~·t:' "A'''·.. >. .. <~ .'; First American Title 'First American Title ~~MLS~;"'2~ Geopyl1;hI2003 Norihwcsl MuIU!,!o ~Ung Berm. :Sellar"a Rollco or 09S ,:' Roy. 3!\1' ,,' ,. " :' Pa~,t of ~ [' 'i ,. . KINO COUNTY FORM • Al.L RIGI-ITS "es'RVEtI ',"" ." i ".' "SELLER'S NOTICE OF ON·SITE SEWAGE SYSTEM ',. ,.i'.,.... OPERATION AND MAiNTENANCIi: REQUIREMEN'tS "'··, .. AeIi'~S~~. ;r~x ~rceI19jJ(""'l"5 'lb'5 -91 em ~ <' \ 1. li~lIeris ",fi' OI'!riet'~ r~alproriertyW!l!'ii~"Ki(ig County. whl~h Is legally described as'follows: . See a.t-f9 C"Mi,.,g;-" Wh,1o,·t-A l \. 2. 3. -":. ,/ ,r "~. ? ,., .. :;. / Tha .bova.d ... erl~~;i';aal,~roplirty l.iB.Nlid"l>~ ~~'on'Slts saw.ge Sly.tom (·OSs"). The Code of the King cou~tlis~~rd~i~e8i~.i:ctlO~,i:f60:00~ establl~ilcertaln respon· slbilities of the OSS owner with res\>iict tQ"the:op8~110n and maln\enan~.of.lin 0n-81te Sewage System, as fallows: ··'·"."i· .i' .,"' .. i , ..... "\" i"',.· ",' A. The OSS owner Is responsible for the'~l'llnu';us ptoper ~~iaijiln a.rid m~!~tenance of the OSS, a?~·Sh,a,ll.:.:, , .... ,. "\,..c ... <' '.\. ,f',,! 1. Determine the. level of solids and scum In the •. sepUe .tOn~·"at least oncl>ii'iilrt tlii-ee (3) ye~ts fof resldenllal'$ystem with no garbage gr1nderand'onca eveiy ~eiinla.garbase grinder' Is .1nstalledi:\nd, Uhless atherNlse provided In w~ting by iii" h~i:tltlf offi~r •. pnC8 ~er:iYeir for 'coml)iercilll systems. ""'i ;i i.' ... )' ./ ./' .i l EtJi~loY ,~~ aPliioved pumper to remove tile seplage from the hink~,," th.e"9JI'~1 oj~Dlldg i and sctim Indleate!rlhat removal Is necessary. .i .. ," i " . . ;"../". " \,.:' . ,.3. cau;. pre~eriuve It1l!lnte~.nce/.ystem performance monitoring I .. pection~ to.1l9 conducted '\ and an~'ind!i:ate(fs~loe:'to be perfotmed by an apptDved person at a minimum frequency ·1n·accOrdance With Table"13,60'Hmles9 otherwise estabnshed by the health officer or the sewage re9lew:;~ol)linltte~./ "', 4. operate ari<I,.m~~;aln.';;r6sst~·~;a,.n¢t"Ylth thl~ tiUe. with pertinent alternative system guidelines IsSlJe~b{th8 DoH (Statio'll Washjiigton Department of Health] and with the approved OSS owne~s'opeiaUng and l1'Iaintenanc,i'lnstnJcUon manual . . ' "'::'''''~:'.. ", ,-', 5. Protect the OSS area lri\:tudlng tllio re$oJV6 are;!' fro";:,' ". a. Cover by structures or imperViOUS ma!e~aI:' '<"""~' .. . ,," b. Surface drainage; .: ,~,. ," c. Soli compaction. fot example, byverii;:lllartlaffih o(.llvesiOcki.l!)1d .. .,' d. Damage by soli removal and grade alteraijoni" .:~. .,'-'" ,.' ..: .. 6, Maintain the flow of sewage 10 the OSS at at beloW'the lipproiiedaeslg'rfOoth I.o.~uaritily and waste strength. "'''' ,',.. c ..... ' ... ,?···,,··.,. 7. Direct drains, such as footing of roof drains away fron! the s..k,,,,he~ th~ OSs.llI.I~\ed:'·>··· •.•. • .• ~ .1' •• .•.• . \.~... .>' II.,.··· First American Title 'First American Title .,Y ,' .... }.<wMI4F6r111 ~u ........ S.II.f.NotI ...... '" DSS ROY. ;Im i '> ...... PlIg.~·3 of ~/ ,/ ;" .. KING COUNTY FORM • iIIQIpyrla~1 2OfJ3 NOrthwe9t Ml.lttlpl' 11,tlng SDIVIcu All RIGHTS RESERVED .:,.... .~ "':SELLER'S NOT1CE OF ON-8ITE SEWAGE SYSTEM OPERATION AND MAINTENANCE REQUIREMENTS ~ , .. ,,' ,.-" .. ,' .. B. .. Tl)i ow:er ~~I'f\Oi';;iiOw:: .. 1: U~~ odn!iOclu9.tiOP of"tro~g .... 6a$es;~trong acid. or o..ganle .0lvenlA Inlo an OSS for the .... '" .......... purpose/of system cle~nl .. lIg:' .... " .. / .... 2.0sebr ~ seJa!ll! .. ~st~J~ddlti~S unle;;;"i;'I"speclftcaIlY approved by the OOH: or 3. ~~; of ~ ci!lslo d~POS' of w~:::'mp6Ii'~i;~~Plcal of residential wastewater. lor example; .. l).ut not .. Umlted 10. 'pe~um P~U .. ~lSilf.tlnts. solvents. or pesticides. .. ,.' " ' ,. 4. Nole about Operation an .. d"~"~tena~~e !";;;~~m}eQ: Rules and Reg~ .. laHons 02-01. amendment to the Code of the KIng coUn~, .. a08"rcf t-Iliallt); states,,~Aftli&,Hme of sale or transfer of property ownership. the buyer or transferee of a PrOpeliY s"",!lei by an OSS shaJl:foh,\'atd to the health officer a fee as set forth In the fee OtlhedUle .. and su1!Iri1t a .sigtled iiopY .. llf Ihii noUce on title as set forth In Section 1S.56.054A.· This fe~,I;j $40.0Q:peot lheRules .. and RegUlations 02-{)1. effecUve June 17. 2002. {.... .......: """i: f' ~:~:.:"; ;~~/.I'~S ,/ .,' . ';' .... , ..• ' \\ ",. STATE OF"WAs.!INGitON /) ," .... ..... ." ' , .... ss·. '::\ .. ,.,": .. , .... "" .. ':; "", :, ..... ·C .. ,:' COUNrY'QI' KING ....../' ) On IhIS i5th-·d~Y .. :~f-;J~4:,;;""+;""'~~' ___ :;l..a~~O:.,;'5:;-___ • befeire me personally (year) appeared~~~~ ~~~ known to I). IS) free and voluntary act GIven under my hand and official sa"I."!',I. _~.::. (year) ."..T~Al ... V'A ... T"..~IAD:SNYoE~' , NOTARY PUBLIC STATE OF WASHINGTON COMMISSION EXPIRES ~ NOVE.MBER 9, ?OO .. ~ r;: .. q;P .... ~~~ .'c· First American Title Washington. Re~ldln!l .. ,a\: ,~~U:.~~"""'''''''"....:;O-..".. My Appointment expires: .. ':......~-4:.!.=+~--i:....+-.....i:. · First American Title i Exhibit nAn \C. "', ..... , ... i'· ::::Rei~:~rty .. i~ th<n:ounty of KIng, State of Washington, described as follows: ."":. ~~~. 1 9iReVI~e;;'~I)QG:lU~~ SI1111,e~;~;'~;: 880059, recorded February 1, 1983 under Recording No. ··":.:.8302.0110i9iReoo.ids (if KlrjiJ qounty, .. washl~gton,. Tax~ar&1 N~ ... m~~: ,i;2~p~-;1'oO-o ... 1):,,,,,""'.,/' / .~~ :.~, \,:' .. ' /' :~; .. ' ....... .. First American Title 'First American Title 13, Le~al Description.01 .8302011019 \ .. '. ! J -! j t 1 r " ~'." SHORT' PLA. ,NO'_"=005:.:'-,-9' __ ~_ s . ....!L. r:~ R._'_ :KING COUNTY, WASHINGTON T1I15 sp.,:e !esetved {or APPRcNAl" recordec", use f"i led Jor recc.rd .• t the Return to: Building"'.1 Land Deveioz;ment 450 XC Mministraticn Bldg .. SeattleJ MrshiJlgton 98104 Depare-nt: o~ PlanniJJ!l and' eo..nit5l' Dlwelopment: BuU:fing aruf Land, Dlrvelopllll!J:nt: Division- eZ.uaiMd ~ .• ppr~~ tlli. ~'\. clay of --'1:>00."=,...-,---,,.--' . , •. ...:.q->"'----,/_ DavalOpelt: Dilfisi~ DJ rectol'" . . liep.!lttllrllt of A$Se5SIII!TILS , '.- .. -:" C' i' "Eum.illed and "pproved this 2" . claW of ;'., r O~ -i; ," -l;Y'«''1' , . l~ ~' =A .. a=~"""· J£f- H ' ..2..:' nr-;/-'-'", '-&{""""'" CJ"""'~"-'-:' --'---c-'-J> -::De::P::"c!"""''''!'S::~~~~O'~N;:;w?:-i(''~C'·''S;:::E;;7-'''T'''''''I:J''·-.z.,''>-;:':5'''''--i':-f.,..,.~t', /.5Z305-904.3. -969~ -9100 ~,,<,' If.GAt.. DESCRIPTION . ~. " t",., " " SUBJECT TO BASE!iENT POR ElECTRIC SYSTEM AS RECORDED tJND£R A.P.I 8I0529()!g5. ALSO SUBJECT TO EASt;tmtn: FOR WoTBIt HAUlS IJ> RECORDED -UNDER i.~F.I 81II24049I; Map on i=il. in Vaull e::>Q:?-O~ r;E·~r.' ~ Pdqe I of .....t....... First American Title , " First American Title :';..it~n· .. _ :',.::';':: .,;;~.-';::. ;" .::' .. ~'; ;. :~?, '.~ '. , -.. 1..oOf.71' - I, ,~,.~ ..... ~-4 ('i i , a I oj [ I , ! I ! .... '" .\ ~ I ~WWrL'" , "" I .'t I • dtl 1 I i I i:11 Ii i ~.:~\ 1..1 • ~ ~ t,", . W'i.11. . ,t·l·nLz !I"I.':)·I~"8 • a I 1 ~ 4-• ~ ~ ,.-J .. k.-t:.11 (' . • ~W"."~. \. ~.-, ~ ~' , '-\ t\ -' . ," ~ ~ ~ ~ } '" I\~ <:) " . . ~ ~::; )~ i .. ~ 1> .-.. ~ , 0' a '''\'-"j~';1. '1'" I ' ~'. ---,~ .... ---- YlAp.Nir!'.;: King County "h3S. no ,e~~::s::;i:;:~ t:) ~~;1~, i:n?~::;':. :i:1:i:~J:i1 ~; ~.'-:.:\.;.~~ ~e;\'~':"; :::e rlr: .. ·~.t;. f'.<';, . c::.;',;i:.:l:J ;,:'~.;;'j cr ~,E,;;:::-1 S~i"";{"'"! ;\) the prc~G:j Ges.cri~tj 1;1 this sli(j~t ~:r.l. " ., ~ • !) .. ~ .. ~~ .. ~ .\ ' h Said .. """.nt, to be ,maintained, repa~"', nd/or rebuilt by the owners of the parcets aving legal ~ccess thtrelro.l'l-, and Uleir heirs.. as~igr.s or sucreS~rs. unless "and until uch roads are imprc>,c,f to King County tandard' and are dedicated and ateipted by King Cowlly for mail~ . ~ ", 1t.4.1o .... ,. C{, . ~ ....... '1111·. ' " : , ,.fI~·"'·''''''-1 .~~ 11·~-....o -_ .. _"------_____ ~::::::::::::::=::::::::::::-:.~.: .. ~_C __ ::::==:: __ _, In cowto~ .. n~. wjtft ~d ~uJr..-nc. Approprj~t. st.te And oountu .e.t~t. ~-- .. _,", . ~ .......... . 1.· ... rtJ 11":01 to;' ~,): ....:.,...,.:=:=c _________ _ ._----.---.. - First American Title o ...... , ,'Flrst American Title 'I ----,. ~ . :" ". • ...... ~~ • p". • • . . ;,----DECL./\RA'1'lON:' " \ . -. '. :. IOi'UW ALL MEllo ry t'l"sa presents', that .,e, the' und.ersiqned; ,owners in fe'l simpl~ [and contract purchaser(~) j of the lanJ herein described, do here- by revise Short subdivision Application No.. -:-'-'i'O()::: f ~ . as re- corded ur: ~r Recordi1?9. No •. ~.f'l"':)f~· • 'Re~rdS of King County. Washington, and by this Rev sed Short. Subdl.vision thereof purson- ant to RCV 58.17.060 declare 'tt.is revised shc ... t plat to .. be the graphic 'l'epl:;tsentation of the same, and that said re '.sed'short-subdivision.is uade with the free Consent, and in accordance with the 'desire of the: . owner.ls) • IN WITNESS WHEREO~ We ,have set our hands M.d s~als. Vice President . A. D. 19.22.. before EM, the aDder·" duly e • '. -d • , /, I ! 1-, reoicL.I.l----~---, Sho!'t Plat :\umbcr Y \' ~z? <j ,: Pagc_3 __ of ___ ~ __ _ I'?'o. i·~ 1. .. ~ . ~. First American Title • , • FTrst American Title' .. c. --,. \ .... T:.:act(s) rRIVA 1£ ~ ", dtlsignated upon the plat 'as a private road and tborough~re.~ described in the Xing County,Comprehen- sive plan as a "local access street or road" and In a.ccordance \lith the standards therein. ,may be re'lutred for future County street,' road. or' thorougbfa~ i!. . 1. 'The own~r. his grantees aDd aSsigns, hereby agree to, dedicate Tract(s) , . to Ehg County for right-of-way and street purposes, at such time as said Tract(s) . is/are needed tor tbose purposes. A Deed conveyIng Tract(s) ==~=-~~-= to King Couoty sball be executed by·the ~er. 6Is graDte~s and assigns. and sball be dt::li- vered to King County .. pan demand. 2. The owner. bis grantees and assigns, bereby agree(s) to participate ln, and/or' not oppose or protest', ·the formation of a County Road Improvement District (CBID) pursuant to BCW 36."88· or any Road Improvement· pr<.>j8ct sanctioned b~ KfDg ·County wbich is designed· to· improve Tract(s) -. and tbe··iumediafe street system of Wliieh { t 19 a part. T~lDg of the fo~atioD of ·said eRID·or othe~ road improvement project sball be determined by King Coun~y. Tbe .street improvement authorized by the CRID or. other road ·improvement projeCt shall cd1 for tbe improvement of Tract(s) WV4r~ 8p. and It9 iumediate street.system to at least tbe minimum K og·County road staDdar~ . appl1cable to tbe·CRID·or oth~r road projec~ is ·f~d; provided that,· in situations.wbere there is a multiple ownership of properties· par- ticipating in the formation of the eRID, or othef road improvement project. if a majority.of the property ov.rners want a blgbe~ standard, l~e •• curbs,. gutters. uDderground drainage; etc. ~ that sta.ndard shall prevail. Short Plat Su~ber Fa\i:~ _+ __ of _,,_ ·F-208-a First American Title • .--------------------------------s-ru-rH ------------------------ ;' ~~.~ First American -' Pat Fullerton (206) 615-3055 pfullerton@flfStam_com To: WestPac Development LLC 7449 W Mercer WAY Mercer Island, WA 98040 Attn: Travis Defoor King County Title Team One Fax No. (866) 904-2177 Jennifer Salas (206) 615-3011 jsalas@flfStam.com Re: Property Address: 5001 SE 2nd PI, Renton, WA 98059 Supplemental Report 5 First American Title Insurance Company 818 Stewart St, Ste 800 Seattle, WA 98101 Phn -(206)728-0400 (800)826-7718 Fax - Tina Kotas (206) 615-3012 tkotas@flfStam_com File No_: 4291-2122506 Your Ref No_: QPID-12170 Dated: February 12, 2014 at 8:00 A.M. Commitment/Preliminary Report No. 4291.-21.22506 dated as of January 07, 2014 (including any supplements or amendments thereto) relating to the issuance of an American Land TItle Association Form Policy is hereby modified and/or supplemented as follows: Paragraph no_(s) 6 and 7 of our Commitment/Preliminary Report has/have been eliminated_ Pat Fullerton, Title Officer RECEIVED APR 25 2014 CITY Of RENTON PLANNING DIVISION Page lof 1 ~~ First American '""" Pat Fullerton (206) 615-3055 pfullerton@flrstam.com To: WestPac Development LLC 7449 W Mercer WAY Mercer Island, WA 98040 Attn: Travis Defoor King County Title Team One Fax No. (866) 904-2177 Jennifer Salas (206) 615-3011 JsalaS@flrstam,com Re: Property Address: 5001 SE 2nd PI, Renton, WA 98059 Supplemental Report 4 First American Title Insurance Company 818 Stewart St, Ste 800 Seattle, WA 98101 Phn -(206)728-0400 (800)826-7718 Fax - Tina Kotas (206) 615-3012 tkota$@flrstam.c:om File No.: 4291-2122506 Your Ref No.: QPID-12170 Dated: February 06, 2014 at 8:00 A.M. Commitment/Preliminary Report No. 4291-2122506 dated as of January 07, 2014 (including any supplements or amendments thereto) relating to the issuance of an American Land Title Association Form Policy is hereby modified and/or supplemented as follows: The coverage amount has been amended as follows: Homeowner's Rate with 10% combination discount Extended Owner's PoliCy: Amount: $840,000.00 Premium: $2,256.00 Simultaneous Issue Rate with 10% combination discount ALTA Extended Loan Policy: Amount: $To Follow Premium: $To Follow Easement Charge Pat Fullerton, Title Officer Page lof 1 Tax: $214.32 Tax: $To Follow $ 40.00 $ 3.80 First American Pat Fullerton (206) 615-3055 pfullelton@flrstam.com To: WestPac Development LLC 7449 W Mercer WAY Mercer Island, WA 98040 Attn: Travis Defoor King County Title Team One Fax No. (866) 904-2177 lennifer Salas (206) 615-3011 JsalaS@flrstam.com Re: Property Address: 5001 SE 2nd PI, Renton, WA 98059 Supplemental Report 3 Rrst American ntle Insurance Company 818 Stewart St, Ste 800 Seattle, WA 98101 Phn • (206)728·0400 (800)826·7718 Fax - Tina Kotas (206) 615-3012 tkotaS@flrstam.com File No.: 4291-2122506 Your Ref No.: QPID-12170 Dated: January 30, 2014 at 8:00 A.M. Commitment/Preliminary Report No. 4291-2122506 dated as of lanuary 07, 2014 (including any supplements or amendments thereto) relating to the issuance of an American Land Title Association Form Policy is hereby modified and/or supplemented as follows: Paragraph no.(s) 17 of our Commitment/Preliminary Report has/have been eliminated. Pat Fullerton, Title Officer Page 10f 1 ~:3t~ First American Pat Fullerton (206) 615-3055 pfullerton@flr5tam.com To: WestPac Development LLC 7449 W Mercer WAY Mercer Island, WA 98040 Attn: Travis Defoor King County Title Team One Fax No. (866) 904-2177 Jennifer Salas (206) 615-3011 jsalas@flr5tam.com Re: Property Address: 5001 SE 2nd PI, Renton, WA 98059 First American Title Insurance Company 818 Stewart St, Ste 800 Seattle, WA 98101 Phn • (206)728·0400 (800)826·7718 Fax - Tina Kotas (206) 615-3012 tkotas@firstam.com File No.: 4291-2122506 Your Ref No.: QPID-12170 Amended Supplemental Report 2 Dated: January 29, 2014 at 8:00 A.M. Commitment/Preliminary Report No. 4291-2122506 dated as of January 07, 2014 (including any supplements or amendments thereto) relating to the issuance of an American Land Title Association Form Policy is hereby modified and/or supplemented as follows: The following paragraph noes). 16 and 17 has/have been added to our Commitment/Preliminary Report to read as follows: 16. ALTA survey by Barghausen Consulting Engineers, Inc., dated January 24,2014, under Job No. 16834 discloses the following matter(s): (A) fence does not conform to South boundary line. 17. Terms and conditions of unrecorded K. C. Survey No. 14·23·5·15. Pat Fullerton, Title Officer Page lof 1 First American Pat Fu lIerton (206) 615-3055 pfullerton@flrstam.com To: WestPac Development LLC 7449 W Mercer WAY Mercer Island, WA 98040 Attn: Travis Defoor King County Title Team One Fax No. (866) 904-2177 lennifer Salas (206) 615-3011 Jsala$@flrstam.com Re: Property Address: 5001 SE 2nd PI, Renton, WA 98059 Supplemental Report 1 First American Title Insurance Company 818 Stewart St, Ste 800 seattle, WA 98101 Phn· (206)728·0400 (800)826-nI8 Fax - Tina Kotas (206) 615-3012 tkotas@firstam.com File No.: 4291-2122506 Your Ref No.: QPID-12170 Dated: January 24, 2014 at 8:00 A.M. Commitment/Preliminary Report No. 4291-2122506 dated as of lanuary 07,2014 (including any supplements or amendments thereto) relating to the issuance of an American Land Title Association Form Policy is hereby modified and/or supplemented as follows: Paragraph no.(s) 9 and 11 of our Commitment/Preliminary Report has/have been eliminated. The following paragraph no(s). 15 has/have been added to our Commitment/Preliminary Report to read as follows: 15. The terms and provisions contained in the document entitled "Ordinance No. 5465" Recorded: November 05, 2009 Recording No.: 20091105000541 Pat Fullerton, Title Officer Page 10f 1 · First American Title 1. (WA) Commitment 2 ,.Qt First American First American TItle Insurance Company 818 Stewart St. Ste 800 Seattle, WA 98101 Phn -(206)728--0400 (800)826-n18 Fax - Pat fullerton (206) 615-3055 pfullertonOftrstam.com ESCROW COMPANY INFORMATION: Escrow Officer/Closer: GAIL RANDALL GRandall@firstam.com first American Title Insurance Company 3905 Martin Way, Ste A, Olympia, WA 98506 Phone: (360)350-6760 -Fax: (866)341-0145 King County Title Team One fax No. (866) 904-2177 Jennifer Salas (206) 615-3011 JsalaSOflrstam.com To: WestPac Development LLC 7449 W Mercer WAY Mercer Island, WA 98040 Attn: Travis Defoor Re: Property Address: 5001 SE 2nd PI, Renton, WA 98059 SECOND REPORT First Ametican Title First American Title Tina Kotas (206) 615-3012 tkotasOfirstam.c:om File No.: 4291-2122506 Your Ref No.: QPID-12170 · First American Title Form No. 1068-2 ALTA PlaIn Language Commitment COMMITMENT FOR TITLE INSURANCE Issued by Commitment No.: 4291-2122506 Page 2 of 11 FIRST AMERICAN TITLE INSURANCE COMPANY Agreement to Issue Policy We agree to issue a policy to you according to the terms of this Commitment. When we show the policy amount and your name as the proposed insured in Schedule A, this Commitment becomes effective as of the Commitment Date shown in Schedule A. If the Requirements shown in this Commitment have not been met within six months after the Commitment Date, our obligation under this Commitment will end. Also, our obligation under this Commitment will end when the Policy is issued and then our obligation to you will be under the Policy. Our obligation under this Commitment is limited by the following: The Provisions in Schedule A. The Requirements in Schedule B-1. The General Exceptions and Exceptions in Schedule B-II. The Conditions. This Commitment is not valid without Schedule A and Section I and II of Schedule B. ~---- Pat Fullerton, Title Officer first Amer/Qn Title First American Title First American Title Form No. 1068-2 ALTA Plain Language Commitment SCHEDULE A 1. Commitment Date: January 07, 2014 at 7:30 A.M. 2. Policy or Policies to be issued: Homeowner's Rate with 10% combination discount AMOUNT Standard Owner's Policy $ 840,000.00 $ Proposed Insured: The Quadrant Corporation, a Washington corporation Simultaneous Issue Rate with 10% combination discount Commitment No.: 4291-2122506 Page 3 of 11 PREMIUM TAX 1,436.00 $ 136.42 ALTA Extended Loan Policy Proposed Insured: $ To Follow $ To Follow $ To Follow To Follow Easement Charge $ 40.00 $ 3. (A) The estate or interest in the land described in this Commitment is: Fee simple as to Parcel(s) A, an easement as to Parcel(s) B. (B) TItle to said estate or interest at the date hereof is vested in: RICHARD E. STUTH, TRUSTEE OF THE RICHARD STUTH LIVING TRUST, DATED OCTOBER 6, 2006 4. The land referred to in this Commitment is described as follows: Real property in the County of King, State of Washington, described as follows: The land referred to in this report is described in Exhibit A attached hereto. Rrst Amenaln Title First American Title 3.80 · First American Title Form No. 1068-2 ALTA Plain Language Commitment The following requirements must be met: SCHEDULE B SECTION I REQUIREMENTS Commitment No.: 4291-2122506 Page 4 of 11 (A) Pay the agreed amounts for the interest in the land and/or the mortgage to be insured. (B) Pay us the premiums, fees and charges for the policy. (C) Documents satisfactory to us creating the interest in the land and/or the mortgage to be insured must be signed, delivered and recorded: (D) You must tell us in writing the name of anyone not referred to in this Commitment who will get an interest in the land or who will make a loan on the land. We may then make additional requirements or exceptions. (E) Releases(s) or Reconveyance(s) of Item(s): (F) Other: (G) You must give us the following information: PART ONE: 1. Any off record leases, surveys, etc. 2. Statement(s) of Identity, all parties. 3. Other: SCHEDULE B SECTION II GENERAL EXCEPTIONS A. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. B. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of perscns in possession thereof. c. Easements, claims of easement or encumbrances which are not shown by the public records. D. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. E. (A) Unpatented mining claims; (B) Reservations or exceptions in patents or in Acts authorizing the issuance thereof; (C) Water rights, claims or title to water; whether or not the matters excepted under (A), (B) or (C) are shown by the public records; (D) Indian Tribal Codes or Regulations, Indian Treaty or Aboriginal Rights, including easements or equitable servitudes. F. Any lien, or right to a lien, for services, labor or materials or medical assistance heretofore or hereafter furnished, imposed by law and not shown by the public records. G. Any service, installation, connection, maintenance, construction, tap or reimbursement charges/costs for sewer, water, garbage or electriCity. H. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof, but prior to the date the proposed insured acquires of record for value the escrow or interest or mortgage(s) thereon covered by this Commitment. Rrst American Tide First American Title First American Title Form No. 1068-2 ALTA Plain Language Commitment PART TWO: SCHEDULE B SECTION II EXCEPTIONS ---------------·-------··--1 Commitment No.: 4291-2122506 Page 5 of 11 Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction. The printed exceptions and exclusions from the coverage of the policy or policies are available from the office which issued this Commitment. Copies of the policy forms should be read. 1. Lien of the Real Estate Excise Sales Tax and Surcharge upon any sale of said premises, if unpaid. As of the date herein, the excise tax rate for the City of Renton is at 1.78%. Levy/Area Code: 2142 2. General taxes and assessments, if any, for the year 2014, in an amount not yet available, which cannot be paid until the 15th day of February of said year. Tax Account No.: 152305-9066-03 Assessed Land Value: $ 244,000.00 Assessed Improvement Value: $ 241,000.00 3. Delinquent General Taxes for the year 2013. The first half becomes delinquent after April 30th. The second half becomes delinquent after October 31st. Tax Account No.: 152305-9066-03 Amount Billed: Amount Paid: Amount Due: Amount Billed: Amount Paid: Amount Due: Assessed Land Value: Assessed Improvement Value: 1st Half $ 3,119.74 3,119.74 $ $ 0.00, plus interest and penalty 2nd Half $ 3,119.73 $ 0.00 $ $ $ 3,119.73, plus interest and penalty 217,000.00 218,000.00 4. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: Grantee/Beneficiary: Trustee: Amount: Recorded: Recording Information: Richard E. Stuth, as his separate estate Washington Mutual Bank Pac ific Northwest Title, a Washington Corporation $250,000.00 November 03, 2003 20031103001601 Note: This Deed of Trust contains Line of Credit privileges. If the current balance owing on said obligation is to be paid in full in the forthcoming transaction, confirmation should be made that the benefiCiary will issue a proper request for full reconveyance. Re-recorded under Recording Number 20040206001361. Arst American ntle First American Title · First American Title Form No, 1068-2 ALTA Plain Language Commitment Commitment No.: 4291~2122506 Page 6 of 11 5. Terms, provisions, conditions of the Trust Agreement of the Richard Stuth Living Trust dated October 6, 2006, and any subsequent modifications, a copy of which should be submitted to this office for inspection. 6. If the mobile home located upon the premises is to be insured under the policy to issue hereunder, a Manufactured Home TItle Elimination Application (Form TC 420-730) pursuant to Chapter 65.20 RON must be recorded in the King County Recording Office. Note: A Fee will be charged by the State of Washington Department of Licensing for processing a "Manufactured Home Title Elimination Application." Absent the recording of said Manufactured Home Title Elimination Application, the mobile home is not considered real property and will not be covered by our policy of title insurance when issued. Please advise at the time of closing whether a Manufactured Home Title Elimination will be executed. For current information regarding applicable fees, charges, availability of processing forms and/or procedure inquiries, contact: King County: Kitsap County: Mason County: Pacific County: Pierce County: Snohomish County: Spokane County: Thurston County: Whatcom County: Yakima County: (206) 296-6696 (360) 337-4440 (360) 427-9670 (360) 875-9309 (253) 798-6111 (425) 388-3711 (509) 477-2222 (360) 786-5406 (360) 676-6740 (509) 574-1100 7. Effective February 15, 1991 pursuant to House Bill No. 2907 (Mobile Homes Relocation Assistance) there may be a fee due on a change of ownership of a mobile home. this fee will be paid to the Department of Licensing at the time the mobile home title is transferred. The fees are as follows: A fee will be charged if the mobile home was sold between July 1, i990 and September 5, 1990 or between February 26, 1991 and the current date. No relocation fee if sold prior to July 1, 1990 or between September 6, 1990 and February 25, 1991. For current information regarding applicable fees, charges, availability of processing forms and/or procedure inquiries, contact: King County: Kitsap County: Pacific County: Pierce County: Snohomish County: Spokane County: Thurston County: Whatcom County: First American Title (206) 296-6696 (360) 337-4440 (360) 875-9309 (253) 798-6111 (425) 388-3711 (509) 477-2222 (360) 786-5406 (360) 676-6740 Rrst American ntle First American Title Form No. 1068-2 ALTA Plain Language Commitment Mason County (360) 427-9670 Commitment No.: 4291-2122506 Page 7 of 11 8. Reservations and exceptions, including the terms and conditions thereof: Reserving: Minerals Reserved By: Northern Pacific Railroad Company Recorded: September 10, 1902 Recording Information: 241250 We note no examination has been made regarding the transfer or taxation of the reserved rights: 9. Covenants, Conditions and Restrictions Contained in Instrument: Dated: December 1, 1967 Recorded: April 12, 1968, In The Department Of Records And Elections Of King County, Washington, Under King County Recording No. 6332265 Executed By: King County Water District No. 90, A Municipal Corporation and R.R. Development Company 10. Right to make necessary slopes for cuts or fills upon said premises as granted by deed recorded September 23, 1974 under recording no. 7409230526. 11. Any and all offers of dedication, conditions, restrictions, easements, fence line/boundary discrepancies, notes and/or provisions shown or disclosed by Short Plat No. 574002 recorded under recording number 7503030294. 12. Easement, including terms and provisions contained therein: Recording Information: 9109240783 For: Ingress, Egress and Utilities 13. The terms and provisions contained in the document entitled "Ordinance No. 4612" Recorded: June 21, 2006 Recording No.: 9606210966 14. Agreement and the terms and conditions thereof: Between: City of Renton, a Municipal Corporation And: Classic Concepts V, LLC Recording Information: 20110606001192 first American ntle First American Title · First American Title Form No. 1068-2 ALTA Plain language Commitment INFORMATIONAL NOTES Commitment No.: 4291-2122506 Page 8 of 11 A. Potential charges, for the King County Sewage Treatment capacity Charge, as authorized under RCW 35.58 and King County Code 28.84.050. Said charges could apply for any property that connected to the King County Sewer Service area on or after February 1, 1990. Note: Properties located in Snohomish County may be subject to the King County Sewage Treatment capacity Charges. B. Effective January 1, 1997, and pursuant to amendment of Washington State Statutes relating to standardization of recorded documents, the following format and content requirements must be met. Failure to comply may result In rejection of the document by the recorder. C. Any sketch attached hereto is done so as a courtesy only and is not part of any title commitment or policy. It is furnished solely for the purpose of assisting in locating the premises and First American expressly disclaims any liability which may result from reliance made upon it. D. The description can be abbreviated as suggested below if necessary to meet standardization requirements. The full text of the description must appear in the document(s) to be insured. TRACT A, SP NO. 574002, REC. 7503030294, KING COUNTY APN: 152305-9066-03 E. All matters regarding extended coverage have been cleared for mortgagee's policy. The coverage contemplated by this paragraph will not be afforded in any forthcoming owner's standard coverage policy to be issued. F. The following deeds affecting the property herein described have been recorded within 36 months of the effective date of this commitment: NONE Property Address: 5001 SE 2nd PI, Renton, WA 98059 NOTE: The forthcoming Mortgagee's Policy will be the ALTA 2006 Policy unless otherwise noted on Schedule A herein. NOTE: We find no judgments or Federal tax liens against the vestee herein, unless otherwise shown as a numbered exception above. NOTE: A FEE WILL BE CHARGED UPON THE CANCELLATION OF THIS COMMITMENT PURSUANT TO WASHINGTON STATE INSURANCE CODE AND THE FILED RATE SCHEDULE OF THIS COMPANY. First American ntle First American Title · First American Title Form No. 1068·2 ALTA Plain Language Commitment CONDITIONS 1. DEFINITIONS (a)"Mortgage" means mortgage, deed of trust or other security instrument. Commitment No.: 4291-2122506 Page 9 of 11 (b)"Public Records" means title records that give constructive notice of matters affecting the title according to the state law where the land is located. 2. LATER DEFECTS The Exceptions in Schedule B -Section II may be amended to show any defects, liens or encumbrances that appear for the first time in the public records or are created or attached between the Commitment Date and the date on which all of the Requirements (a) and (c) of Schedule B -Section I are met. We shall have no liability to you because of this amendment. 3. EXISTING DEFECTS If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may amend Schedule B to show them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing. 4. LIMITATION OF OUR LIABILITY Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its Requirements. If we have any liability to you for any loss you incur because of an error in this Commitment, our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to: comply with the Requirements shown in Schedule B -Section I or eliminate with our written consent any Exceptions shown in Schedule B -Section II. We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is subject to the terms of the Policy form to be issued to you. 5. CLAIMS MUST BE BASED ON THIS COMMITMENT Any claim, whether or not based on negligence, which you may have against us concerning the title to the land must be based on this commitment and is subject to its terms. cc: The Quadrant Corporation cc: Richard Stuth Living Trust first American Tide First American Title First American Title Form No. 1068-2 AlTA PlaIn language Commitment First American "¥: I FJI'St AmeriC8llTItle Privacy Infonnatlon w. AnI Committed to Safeguarding CUstomer InformatJon Commibnent No.: 4291-2122506 Page 10 of 11 First American 11t1e Insurance Company 818 Stewart St, Ste BOO seattle, WA 98101 Phn -(206)728-0400 (800)82&-7718 Fax - In order to better serve your needs now and in the future, we may ask you to provide us with c:ertain lnf~. We understand that you may til! cnnceme:d about what we wID do with sud! Information -particularly any penonal or tlnancial Information. We ague that you have a right to know how we will utilize the personallntormation you provide to us. Therefore, together with our subsidiaries we have IIdopted this Privacy Policy to govern the use and handling of your personallnformetlon. Applicability This Pr1VacV Policy governs our use of the Information that you provide to us. It does not govern the manner In whiCh we may use Information we have obtained from any other source, such as information obtained from II public record or from ilnother person or entity. First AmerIcan has also adopted broader guidelines that govern our use of personal Information regardless of Its source. Arst American U!Us these guidelines Its fair Information Vakles. Types or Infonnatlon Depending upon which of our services you are utilizing, the types of nonpubllc personal information that we may collect Indude: • information we receive from you on applications, forms and In othef communications to us, whether In writing, In pefSO!l, by telephone or any other means; • information about your transactions with us, our amrlOJted companies, or others; and • Information we receive from a consumer ~rtlng agency. Use or Infonnatlon We request Intormatlon from you tor our own legitimate business purposes and not tor the benefit of any nonal'flllilted party. Therefore, we will not release your Intormatkln to oonatfIUated parties except: (1) itS necessary for us to provIcIe the product or service you have requested at us; or (2) itS permitted by liM. We may, however, store such Information indefinitely, KIudIng the period after which any customer relationship has ceased. Such Information may be used for any Internal purpose, such as quality control efforts or customer analysis. We may also provide aB at the types d nonpubllc per5OI'Ial Intormatlon listed above to ooe Of more or our ;,fflllated companies. Such affiliated companies Indude financial service providers, such as title Insurers, property and casualty Insurers, and trust and Investment advtsoI'y companies, 01' companies Involved In real estate 5efVices, such as appraisal companies. home warranty companies and escrow companies. Furthem1ore. we may also provide all the Intonnation we collect, as described above, to companies that perform marketing services on 0l.Il' behalf, on behalf of 0l.Il' atfillated cnmpanles 01' to other I'InandaI Institutions with whom we or our affiliated companies have Joint marketir.g agreements. Fonner CUstomers Even If you are no longer our customer, our Privacy Policy will rontlnue to apply to you. Confldentialltv and security We Will use our be5I: !ITorts to ensure that no UOluthaized parties have ICCl!SS to any d your intonMtlon. We restri::t IICCI5S to nonjXJblk personallntormatlon aboot you to those ixfIviduaIs and entities who need to know that Information to provide products 01' servtces to you. We will use our best efforts to train and 0YerSee our em~ and agents to ensure that your Information wDl be handled responsibly and In accordance with this PrlviKY Policy and Arst American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpubllc: peBOMllnfotmatlon, lnfonnatlon Obtained Through Our Web Site Arst American Roanelal Corporation Is sensitive to prlviKY Issues on the Internet. We believe It 15 important you know how we !real: the Information about you we recetve on the Intemet. In ~I, you can visit Rrst AmerIc:an or its affiliates' Web sites on the World WIde Web wtt:hout telling \.IS who you are or revealing any information about yourself. Our Web servers collect the domain names, not the e-mail addresses.dvisltors.ThIs information Is aggregated to measure the number of visits. ~ !:me spent on the site, pages viewed and similar 1ntormatIon, ArsI: A.meIican uses this Information to measu~ the use fA our site and to develop Ideas to Improve the content fA our site. There are times, however, when we may !leed Information from you, 5lICh as your name and email address. When Infol1l1atlon 15 needed, we win use our best efforts to let you know at the time of mIIection how we wiD use the: pe!OOnIIllntormation. Uswlly, the personaIlnformatlon we coiled: is used only by us to respond to your inquiry, process an order Of allow you to kI:e$S spedfIc: ao:ountJprofiIe Information. It you choose to shan! any personal intormatlon with us, we wiD only use It In accordance with the: policies outEned above. Bullness Relationships First Arnerlcan Flnandal CorporatIon's site and its affIlJates" sites may contain links to other Web sites. While we try to link only to sites that share our high standards and respect tor prlviKY, we are not responsible for the content or the: privacy practices employed by other sites. CookI~ Some r:.t Arst Amerbn's Web sites may make use at "c:ooIde" tedmology to measure site actMty and to customize ~on to your personal tastes. II cookie Is an element cI data that a Web site an send to your browser, whIctt may then store the cookie on your hard drive • .EICit&:!J...g; uses stored cookies. The goal or tllis technology Is II) better serve you when visiting our site, save you time when you are here and to provide you with II more meaningful lind productive Web site experience. Fair Infomlltion V.lues Falmen We consider ronsumer expecDtlons about tllelr prlvacy In all our businesses. We only offer products and services that assu~ • favorable balance between consumer benefits and consumer """". Public Record We believe that an open public record creates significant value for sodety, enhances consumer choice and aeates consumer opportunity. We actively support an open public record lind emphasize its Importance and rontribution to our economy, Use We believe we should behave responsibly when we use Information about a consumer In our business. We will obey the laws governing the collection, use and dissemination of data, Aca.lI'ICY We will take reasonable steps to help assure the ICCUracy of the data we collect., use lind disseminate, INhere possible, we will take reasonable steps to correct Inaccurate Information, When, as with the public record, we cannot correct lnaccufate Infonnation, we wiD take all reasonable steps to assist consumers In kSentifWig the: source of the erroneous data so that the consumer can secure the reqUired corrections. Education We endeavor to educate the users or our products and services, our employees 1100 others In our Industry about the ImportanCe of consumer prlvacy. We will instruct our employees on our fair Infom'IatIon values and on the responsible collection and use cI data. We will encourage others In our Industry to collect and use information In a responsible manner. 5ecurIty We wm maintain appropriate tadlltJes and systemS to protect against unauthortzed kI:e$S to and c:oouptIon of the data we maintain. Form 50-PRIVACY (8/1/09) Page 1 of 1 Prlvacy Information (2001-2010 Arst American Anandal Corporation) Rrst AmerIcan ntle First American Title · First American Title Form No. 1068-2 ALTA Plain Language CommItment Commitment No.: 4291-2122506 Page 11 of 11 FIRST AMERICAN TITLE INSURANCE COMPANY Exhibit "A" Vested Owner: RICHARD E. STUTH, TRUSTEE OF THE RICHARD STUTH LIVING TRUST, DATED OCTOBER 6, 2006 Real property in the County of King, State of Washington, described as follows: PARCEL A: TRACT A OF KING COUNTY SHORT PLAT NO. 574002, RECORDED UNDER RECORDING NUMBER 7503030294; BEING A PORTION OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; PARCEL B: A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS AS ESTABLISHED UNDER KING COUNTY RECORDING NUMBER 9109240784, RECORDS OF KING COUNTY, WASHINGTON. Tax Parcel Number: 152305-9066-03 Situs Address: 5001 SE 2nd PI, Renton, WA 98059 Rrst AmetiCim Title First American Title First American Title 2. Map-Customer ~ ~f First American Title ,. , ~fa .:c;: fr~ f ", :;~ , 11 ~: , , .I Fir,t American Title ~3. '{esting~01_199402..Q~0727 ,~.) . , I , STEWART TITLE COMPANY of Washington, Inc. '"'S sr"CI NO'IIl)(D 'Of IIIICOl:O{n IIW'I:: g {,'j ".1 f,,,,,,,_ "I '-'t<ru,,,,,," flUO 'OllllllCOJlO .. T IIIIQ~.no' ......... "ICOIiIOIl;J ".'I.III/W TO ,,-.. , V~l,~.~y .... E,~.~~g.~. ~.~.: ',. I, HC. ............ 0 •• ?6.~~.8 .~.A.~~L,V~.~,L~L~,~.r. ~,: ~.:, Quit Claim Deed iii 51' :: • ~ ~ i ~ iii ~ • , ~ o , N C , = ~ " THE r.RANTOR RIWARD L STUTH and JANIS' • VANDERHOEK, who also appellrs of record as (r) JANIS L. STUTH, husband and wife ~ 'r f"rflnoiu('fln~idl'rllti(lllof NO MONETARY CONSJIlERATlON -TO CLEAR TITLE ONLY ~ r- " ,-: ~onv('y~ "nd quit d.llim~ In RICHARD Eo STUTli md JANIS L. VAHDERHOEK, husband ami wife the following descrihed real e><late, ~ilUated in II tOl:elher with aU after IIcquirfd title of the ~ronl KING LEGAL DESCRIPTION ATTACHED HERETO AS " :r,HEQULE C" ANO SY THIS REF£RENCE /llADE A PART HER£OF. ~:;~.~ ~/;'~~~F~~':::;~ "r>'~ = "f4.,:.! tlt'i7!'·;· State 01 W.£hinllton, H'-------------c,"-.,-.-... -,,--------------- STAn:OF \\i\SHI~GmN. ] " c,~"'~ ,~ to: I ng HARlAN E. KOCII::1;n 1(":1' .\;'''" f'uJo/,,' i~ """~,, ,It, SIo/,.. ,., 1Ij",,,,,~p. .... ,,·,,"m~ ~I lnumc law STATE OF WASHINGTON. ] " C'>ullfyllf I n.rlil) chi! I m-Of 11M 5IlP.ianory l:>'UeIll'l' 1111l' • ,;,ncd Ihia ;mUI/.QlCIII, ... oed! D,~ M, "Pfh"~''''''~' <"pi"" 1-28-91 U'8No. I~ Description: King,WA Document -Year.Month.Day.DocID 1994.209.727 Page: 1 of 2 Order: sq Comment: s First American Title . , ., ., , ~ .! 1 if I I .. " -.~--- RECEIVED APR 25 2014 CITY OF RENTON PLANNING DIVISION I· · " First American Title .... I a· • • • SCRBDULB C ORDER NO. 277858·8 THE LAND RBFERRED 1'0 IN THIS CCMaTMKNT IS SITUATED IN THE STATE OF WASHINGTON, COUNTY OF KING AND IS DBSCRIBUD AS POLLOWS: PARCEL A: TRACT A OF KING COUNTY SHORT PLAT NO. 514002, RECORDED UNDBR RECORDING NO. ;503030294, RECORDS OF KING COUNTY, WASHINGTON. PARCEL B: AN EASEMENT FOR INGRESS AND EGRESS AS ESTABLISHED UNDER lUNG COUNTY RECORDING NO. 9109240184, RECORDS OF ItING COUNTY, WASHINGTON. SITUATE IN THE COUNTY' OF KING, STATE OF WASHINGTON. PAGE 6 OF 6 Description: King,HA Document -Year.Month.Day.DocID 1994.209.727 Page: 2 of 2 Order: sq Comment: s First American Title I •• • , First American Title ,.: 4. Vestin~L02_20070123002130 Mr. Richard E. Stuth 12030 164'h Ave. S.E. Renton, W A. 98059 20070123002130.;; E2261889 01/23/2007 18:81 KING COUNTY, WA s~e~ $1:::: PAGE001 OF 001 Quit-Claim Deed The grantor, RICHARD E. STUTH, a married man as his separate estate, for and in consideration of less than one dollar as a gratuitous transfer to trust, conveys and quitclaims to RICHARD E. STUTH, trustee of The Richard Stuth Living Trust, dated October 6,2006, all interest in the following described real estate situated in King County, State of Washington, together with all after acquired title of the grantor therein: (Parcel A) Tract A of King County Short Plat No. 574002, Recorded under recording No. 7503030294. (Parcel B) An easement for ingress and egress as established under King County Recording No. 9109240784. Situate in the County of King, State of Washington. Tax Parcel No. 152305-9066 STATE OF WASHINGTON COUNTY OF KING NOTARIZATION I certify that I know or have satisfactory evidence that RICHARD E. STUTH is the person who appeared before me, and that he acknowledged that he signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in the instrument. Notary-Steven A. Janda-in and for the State of Washington, residing in Kent, WA My commission expires 09-09-2007 Description: King,WA Document -Year.Month.Day.DocID 2007.123.2130 Page: 1 of 1 Order: sq Comment: s First American Title ~------------------------ First American Title 5. Exceplion_04_200311 03001601 RecordIng requested by and when recorded return to' WASHINGTON MUTUAL BANK CONSUMER LOAN RECORDS CENTER 1170 SILBER RD HOUSTON, TX 77055 ATTN: MAILSTOP: CLRVLTTX 1.1 Washington Mutual ------------------------------ 11111111111111 PACIFIC ~~JD'3001601 PACE 001 OF 006 28.00 11/03/2003 15'22 K~~G_C~~TV. UA EQUITY LINE OF CREDIT DEED OF TRUST 0626292635 THIS DEED OF TRUST (Security Instrument) IS between RICHARD E. STUTH, AS HIS SEPARATE ESTATE, 1m 1 /111111 /lfiIlIIfill'fill NW"fl1 JII. /1,",,1'1'11'1'/'/ fNlFI'f(ifl whose address IS 552.442-6 14113 SE 136TH sy RENTON, WA 98059 ("Grantor"), PAC !FIC NORTHWEST TITLE a WASHINGTON corporation, the address of which IS 215 COLUMBIA STREET SEATTLE, IIA 98104 ("'Trustee"), and "Wash~ngton Mutual Bank, whl.ch is organl.zed and eXl.stl.ng under the laws of Wash1ngton State, and whose address 15 1201 Thl.rd Avenue, Seattle, Wash1ngton 98101 (UBenef1c~aryll) and 1tS successors or assigns. n Granting Clause Grantor hereby grants, bargainS, sells and conveys to Trustee m trust, With power of sale, the real property In KING County, Washington, described below and all rights and mterest In It Grantor ever gets THE SOUTH HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP :23 NORTH, RANGE 5 EAST, W.M , IN KING COUNTY, WASHINGTON, EXCEPT THE EAST 20 FEET AND THE WEST 20 FEET FOR ROADS Tax Pare e) Number 152305-9016-04 3254 (OB/27/03) W4 3 BANK Description: King,HA Document -Year.Month.Day.DocID 2003.1103.1601 Page: 1 of 6 Order: sq Comment: s First American Title Page 1 of 6 First American Title 0626292635 together with all Insurance proceeds and condemnation proceeds related to It; Income, rents and profits from It, all plumbing. IIghtmg, air conditioning and heating apparatus and eqUipment, and all fencing, blinds. drapes, floor covermgs, built-In appliances and other fixtures at any time Installed on or In or used In connection with such real property. All of the property described above IS called the "Property" If any of the Property IS personal property, this Deed of Trust IS also a Security Agreement which grants Beneficiary, as secured party, a secunty Interest In all. such property Despite any other provIsion of this Oeed of Trust, however, Beneficiary IS not granted and will not have a non purchase money security Interest In household goods, to the extent such securtty Interest would be prohibited by applicable law As used herein "State" shall refer to the State of Washington 2 Obligation Secured. This Deed of Trust IS given to secure performance of each promise of Grantor con tamed herein and In a Home Equity Lme of Credit Agreement with Beneficiary with a maximum credit limn of $250. 000.00 (the "Credit Agreement"), including any extensions, renewals or modifications thereof, and repayment of all sums borrowed by Grantor under the Credit Agreement with Interest from the date of each advance until paid at the rates provided therein The Credit Agreement provides for a vanable rate of Interest. Under the Credit Agreement, the Grantor may borrow, repay and re-borrow from time to time, up to the maximum credit !tmlt stated above, and all such advances shall be secured by the hen of thiS Deed of Trust ThiS Deed of Trust also secures payment of certain fees and charges payable by Grantor under the Credit Agreement, certain fees and costs of Beneficiary as provided In Section 9 of thiS Deed of Trust and repayment of money advanced by Beneficiary to protect the Property or Beneficiary's Interest m the Property, Inc\udlOg advances made pursuant to Section 6 below The Credit Agreement provides that unless sooner repaid, the Debt IS due and payable In full thirty (30) years from the date of thiS Deed of Trust (the "Matunty Date")' All amounts due under the Credit Agreement and thiS Deed of Trust are called the "Debt" 3 Representations of Grantor Grantor represents that (a) Grantor IS the owner of the Property which IS unencumbered except by easements, reservations, and restrictions of record not Inconsistent With the mtended use of the Property and any eXisting first mortgage or deed of trust given In good faith and for value, the eXistence of which has been disclosed 10 writing to Beneficiary. and (b) The Property IS not presently and Will not dUring the term of thiS Deed of Trust be usod for any agricultural purposes 4 Promises of Grantor Grantor promises. (a) To keep the Property In good repair and not to remove, alter or demolish any of the rmprovements on the Property Without first obtaining BenefiCiary's written consent, (b) To allow representatives of BenefiCiary to Inspect the Property at any reasonable hour and to comply With all laws, ordmances, regulations, covenants, conditIons and restrictIons affecting the Property, (c) To pay on time all lawful taxes and assessments on the Property, (d) To perform on time aU terms, covenants and conditions of any prior mortgage or deed of trust covering the Property or any part of It and pay all amounts due and oWing thereunder In a timely manner, (e) To see to It that thiS Deed of Trust remains a valid hen on the Property supenor to all hens except those described In Section 3(a) and to keep the Property free of all encumbrances which may Impair BenefiCiary's secunty. It is agreed that If anyone asserts the pnonty of any encumbrance other than those descnbed In Section 3(a) over thiS Deed of Trust In any pleading filed 3254 IOS127/03t W4 3 BANK Description: King,~ Document -Year. Month. Day. DocID 2003.1103.1601 Page: 2 of 6 Order: sq Comment: s First American Title Page 2 of 6 ,------------------------------- First American Title 0626292635 In any action, the assertion alone shall be deemed to Impair the hen of this Deed of Trust for purposes of this Section 4(e); (f) To keep the Improvements on the Property Insured by a company satisfactory to Beneficiary against fire and extended coverage penis, and against such other risks as Beneficiary may reasonably require, In an amount equal to the full Insurable value of the Improvements and to deliver eVIdence of such Insurance coverage to BenefIcIary Beneficiary shall be named as the loss payee on all such policies pursuant to a standard lender's loss payable clause The amount collected under any Insurance policy may be applied upon any Indebtedness hereby secured In the same manner as payments under the Note or, at Beneflclary's'sole optIon, released to Grantor In the event of foreclosure or sale of the Property pursuant to the Trustee's power of sale, all rrghts of the Grantor In Insurance polrcles then In force shall pass to the purchaser at the Sherrff's or Trustee's sale, (g) To Sign all finanCing statements and other documents that BenefiCiary may request from time to tIme to perfect, protect and continue BenefiCiary's securrty Interest In the Property Grantor Irrevocably appoints BenefiCiary as Grantor's attorneY-In-fact to execute, fIle and record any flOanclng statements or SImilar documents In Grantor's name and to execute all documents necessary to transfer title If there IS a default, and (h) To adVIse BenefiCiary ImmedIately In wrltrng of any change In Grantor's name, address or employment. 5 Sale, Transfer or Further Encumbrance of Property Loan IS personal to Grantor and the entIre Debt shall become Immediately due and payable In full upon sale or other transfer of the Property or any Interest therem by Grantor by contract of sale or otherwise IncludIng, without limit, any further encumbrance of the Property 6 CUring of Defaults If Grantor falls to comply with any of the covenants In SectIon 4, IncludIng all the terms of any prror mortgage or deed of trust, BenefICIary may take any action reqUired to comply with any such covenants without waivIng any other rrght or remedy It may have for Grantor'S faIlure to comply. Repayment to BenefiCiary of all the money spent by BenefiCIary on behalf of Grantor shall be secured by thiS Deed of Trust At BenefiCiary's opllon, advance may be made agamst the CredIt Agreement to pay amounts due hereunder Such shall not reheve Grantor from liability for failure to fulfIll the covenants In Section 4 The amount spent shall bear mterest at the rates from time to tIme applicable under the Credit Agreement and be repayable by Grantor on demand Although BenefiCiary may take actIon under thIS paragraph, BenefICIary IS not obligated to do so 7 Remedies For Default (8) Prompt performance under thiS Deed of Trust IS essential If Grantor does not pay any Installment of the Debt or other amount due hereunder on time, any other event occurs that entities BenefiCIary to declare the unpaid balance of the Debt due and payable In full under the CredIt Agreement. If Grantor falls to comply wrth any other term, condItion, obligatIon or covenant contained In the Credit Agreement or thiS Deed of Trust or any flder thereto, any other deed of trust, mortgage, trust mdenture or securrty agreement or other Instrument haVing prrorlty over thiS Deed of Trust or If any representatIon of Grantor herein was false or misleading, the Debt and any other money whose repayment IS secured by thiS Deed of Trust shall Immediately become due and· payable In full, at the optIOn of BenefICiary, and the total amount owed by Grantor shall thereafter bear Interest at the rate(s) stated In the Credit Agreement BenefiCiary may then or thereaher adVise Trustee of the default and of BenefICiary's election to have the Property sold pursuant to Trustee's power of sale In accordance WIth applicable law and deliver to Trustee any documentation as may be reqUired by law After giving any notices and the time reqUired by applicable law, 3254 (08/27/031 W4 3 BAlIK Description: King,HA Document -Year.Month.Day.DocID 2003.1103.1601 Page: 3 of 6 Order: sq Comment: s First American Title Page 3 01 6 First American Title 0626292635 Trustee shall sell the Property. either 10 whole or In separate parcels or other part and In such order as Trustee may choose, at pubhc auction to the highest bidder for cash In [awful money of the Umted States which will be payable at the time of sale, all tn accordance wIth applicable law Anythmg 10 the preceding sentence to the contrary notwithstanding, Beneficiary may apply the Debt towards any bid at any such sale Trustee may postpone any such sale by provIding such notIce as may be reqUIred by law Unless prohibited by law, any person, Includmg the Grantor I BenefICiary or Trustee, may purchase at any such sale Trustee shall apply the proceeds of the sale as follows (I) to the expenses of the sale, Includmg a reasonable trustee's fee and lawyer's fee. (II) to the obligations secured by this Deed of Trust, and (III) the surplus, If any, shall go to the person(s) legally entitled thereto or, at Trustee's discretion, to the government or other official authOrized by State Jaw to accept such amounts (b) Trustee shall deliver to the purchaser at the sale Its deed, Without warranty, which shall convey to the purchaser the Interest 10 the Property which Grantor had or had the power to convey at the time of execution of this Deed of Trust and any Interest which Grantor subsequently acqUired. The Trustee's deed shall recite the facts showing that the sale was conducted In compliance With all the reqUirements of law and of thiS Deed of Trust ThiS recital shall be pnma facie eVidence of such compliance and conclUSive evidence of such compliance In favor of bona fide purchasers and encumbrancers for value. (c) To the extent permitted by law the power of sale conferred by thiS Deed of Trust IS not an exclUSive remedy BenefiCiary may cause thiS Deed of Trust to be Judicially foreclosed or sue on the Credit Agreement or take any other action available \0 equity or at law In connection With any portion of the Property which IS personal property, BenefiCiary shall further be entitled to exerCise the rights of a secured party under the Uniform Commercial Code as then \0 effect'" the State of Washington (d) By accepting payment of any sum secured by thiS Deed of Trust after ItS due date, BenefiCiary does not waive Its fight to require prompt payment when due of all other sums so secured or to declare default for failure to so pay 8 Condemnation; Eminent Domain In the event any portion of the Property IS taken or damaged In an eminent domain proceedmg, the entire amount of the award, or such portion as may be necessary to fully satisfy the obligation secured by thiS Deed of Trust, shall be paid to BenefiCiary to be applied to the obligation In the same manner as payments under the Cred.t Agreement 9 Fees and Costs Grantor shall pay BenefICiary's and Trustee's reasonable costs of searchmg records, other reasonable expenses as allowed by law and reasonable attorney's fees In any laWSUit or other proceedmg to foreclose thiS Deed of Trust, In any laWSUit or proceeding which BenefiCiary or Trustee prosecutes or defends to protect the Iten of thiS Deed of Trust, In any other action taken by BenefiCiary to coliect the Debt, includIng Without limitation any diSPOSition of the Property under the State Uniform CommerCial Code, and any action taken 10 bankruptcy proceedmgs as well as any appellate proceedmgs 10 Reconveyance. Trustee shall reconvey the Property to the person entitled thereto on written request of BenefiCiary or follOWing satisfaction of the obligations secured hereby and BenefiCiary and Trustee shall be entitled to charge Grantor a reconveyance fee together With fees . for the recordation of the reconveyance documents, unless prohibited by law. 11 Trustee; Successor Trustee BenefiCiary may, unless prohibited by law, appoint a successor Trustee from time to time In the manner prOVided by law The successor Trustee shall be vested WIth all powers of the anginal Trustee The Trustee IS not obligated to notify any party 3254 (08/27/031 W4 3 BANK Description: King,WA Document -Year.Month.Day.DocID 2003.1103.1601 Page: 4 of 6 Order: sq Comment: s First American Title Page 4 of 6 First American Title • 0626292635 hereto of a pendmg sale under any other deed of trust or of any action or proceeding 10 which Grantor, Trustee or Beneficiary shall be a party unless such action or proceedmg IS brought by the Trustee 12 Savings Clause. If a law which applies to this Deed of Trust or the Credit Agreement and which sets maximum loan charges IS flOally Interpreted by a court haVing JUriSdiction so that the mterest or other loan charges collected or to be collected In connection with this Deed of Trust or the Credit Agreement exceed the permitted limits, then (I) any such loan charge shaH be reduced by the amount necessary to reduce the charge to the permitted limit; and (II) any sums already collected from Grantor which exceeded permitted limits Will be refunded to Grantor Beneficiary may choose to make this refund by reducmg the principal owed or by making a direct payment If a refund reduces the pnnclpal. the reduction Will be treated as a partial prepayment 13 Miscelh;meous This Deed of Trust shall benefit and obligate the heirS, deVisees, legatees, administrators, executors, successors and assigns of the parties hereto The term "BenefiCiary" shall mean the holder and owner of the Credit Agreement secured by this Deed of Trust, whether or not that person IS named as Beneficiary herein The words used In this Deed of Trust refemng to one person shall be read to refer to more than one person If two or more have Signed this Deed of Trust or become responsible for dOing the things this Deed of Trust requires This Deed of Trust shall be governed by and construed In accordance with federal law and, to. the extent federal law does not apply, the laws of the State of Washington If any provIsion of this Deed of Trust IS determined to be invalid under law, the remalnrng prOVIsIons of thiS Deed of Trust shall nonetheless remam In full force and effect 14 Beneflciarv and Similar Statements BenefiCiary may collect a fee In the maximum amount allowed by law for furnishing any benefiCiary statement, payoff demand statement or Similar statement By Sign 109 below, Grantor accepts and agrees to the prOVIsions of thIS Deed of Trust and any rrder(s) executed by Grantor concurrently therewith thiS _--.:'2.",-__ 1-,::. day of . 3254 (08/271031 W4 3 BANK Page 5 of 6 Description: King,h'A Document -Year.Month.Day.DocID 2003.1103.1601 Page: 5 of 6 Order: sq Comment: s First American Title , First American Title 0626292635 STATE OF WASHINGTON ) 1; ) SS COUNTYOF ____ -F~~I~~~t---------) On this day personally appeared before me R)(bv~ t: )jLdh and , to me known to be, the indiViduals desCribed In and who executed the wlthm and foregoing Instrument and acknowledge that they Signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned WITNESS my hand and ZOb) official seal this _--,'L;=,?l,,-~_"' ____ _ day of __ -It~l:::::d~o::.lbl!,e~v~_ Notary P'U1i:? In and for t Notary Public State qf Washington SIMONVU residing at' -----I'l-'-"'-'-"'""lU*-,-=-~,___ My Commission expires' ____ -'\~'-lJ"o'-!o"-'-MV Appointment Expires Apr 28. 2007 REQUEST FOR FULL RECONVEYANCE Do not record. To be used only when Grantor's mdebtedness has been repaid and Credit Agreement cancelled. TO TRUSTEE _____________________ ___ The underSigned IS Beneficiary of the within Deed of Trust, and the legal owner and holder of the Home Equity Lme of Credit Agreement secured thereby Said Deed of Trust IS hereby surrendered to you for reconveyance and you are requested, upon payment of all sums oWing to you, to reconvey without warranty, to the person(s) entitled thereto the nght, title and Interest now held by you thereunder. DATED ______________________ __ WASHINGTON MUTUAL BANK BV ____________________________________ __ Its _______________________________________ _ 3254 (08/27/031 W4 3 BANK Description: King,WA Document -Year.Honth.Day.DocID 2003.1103.1601 Page: 6 or 6 Order: sq Comment: s First American Title Page 6 of 6 'First American Title ~~8 C~'"'" ~;, '.h arid a ,',I' -' "'::2' : : .' . ,~.~~~,~ ... ",uii~ , c:' -A ti~~~:.4i:; ;~1·~' "'.l(ld~ ::~t; First American Title 'First American Title i I I I I I l I I I I j .. ~.:' ~ I'~ t' First American Title , \ , '\ .. , )' . . . , , ... \ , , , , _ 1 , .\ h,. ~; ... ' '. , , . .~. .. '. I .\ • "'\.... •• " .. , • First American Title , ' . . , ,\ .' ,. , ' . . ' " ., . \ .. " \ " . , First American Title . .' . , \, . • " . , .. .1.' . ~ \ '1" ~, "~. "First American Title First American Title ... " . • a.\"" .'. : ••. 1- ,I ". \ First American Title • • r :.:. ' .. \ , ..... t. .. "",~, • . :," ." . ~ -, -' .. " First American Title , o. , .' .. . . .~ "" , < 11 .. - ",:-."'; • First American Title .J i .... " -.:; "-"- " cry C') ~ " ., 'I U " 0 _1 1.2 II I" 1:' 10 17 10 1~ 20 21 22 'l3 '" " 26 27 28 '1 30 First American Title ---'" CONTRACT fOR R.IHllURSEHtNT or WAl1:R LINE CONSTRUCTION COSTS -' THIS AGREEML:NT. Made and entered in to this ~ cl~y of December. 1967, by and between KING COUNTY WA1~R DISTRICT NO. 90, a municipal corporation, hereinafter roferred to ac the "District" and R.$ R DEVELOPMENT CO. I hereinafter referred to as the "Owner. II !! !. ! !i !! ~ ~ !! ! !!.: THAT WHEREAS, the Owner has heretofore constructed at his own expenso. certain improvements consisting of wator mains and appurtenances thereto, within the boundaries of the Water District, King County, State of Washington, to-wit; 6" S.E. l36th St. ill!! .,5 ft. W of l~lfth Ave. S.E. 139th Ave. S.E. WHEREAS, the District, in accordance with the provision of RCW 35.91.020 has agreed that the Owner may be reimb~r8ed for a vortion of tha cost of such construction of such water faciliti s from tho~e owners of 8gjacent properties to saia construction which in accoro with tho rules and regulations of the Di5trict may be construed to have received benefit therefrom, but which properties h4VO not: ':'ne a 3hare of t'he cost of such improvement a5 eo installed. NOW. THEREFORE. it is hereby' mutually covenanted and agreed by and between the parties hereto as follows: 1. That the Owner <1oes hereby covenant and w',rrant I ~ aitdltlonsl sheets I I. Page One HOL~. BE-R.EITER 0. BEST 1I/I021OU1H llU .... n.· '.0._ to ~uno>l .• ~'Hn.<:rn ...... ~ lC~'.IIOH. ~~ ~·.5.' • t'- :1 'First American Title :~ -.:; N f.:J try -0 .l 'I !. h " lU 13 1" 15 16 17 18 19 2U ~l 22 23 2. 29 30 that he h~8 paid in full the entire coat of conatructfon and in~tallation uf ~aid irnprovementa, accordine to the Gtand~rdG of construction of the District and to the satisfaction or tho Superintendent and to District Engineers. 2. That inconsideration of conveyan cft of said improve- ments to the Dis~riot by the O."ner, the Diotrict hero by aer r.:C9 thAt for a period of fifteen (lS) years from and after tbo 1st day of December. 1967 I no person, firm or corporation being the owner of any of the real property h~reinaftur described shall be granted a pt-mit or ~a authorized to tAP into or u~c such water facility for service to 5aid hereinafter described real properties without first pay.ing to tho District. in addition to any and all cos't's, charges or Assessments made for Buch con- nection or water ~se for water lines constructed in connection with such use, in" addition to the improvements herein described, the sum of Two Dollars and "Seventy-Six Cents (~) per front foot of property adjacent to said water facilities hereinabove described on real property as hereinafter described. 3. That within sixty (60) days after receipt of such payment by the District, eighty-five per cent (8S\) thereof shall be paid to the owner, his heirs, executors or assigns as partial reimbursement for cvats of construction eXPanded by him for the construction of said improvement. The District shall have no responsibility for maintaining correct addresses for such payee and in the event no address for ~aid designated payee shall be Available to ~he District within twelve (12) months following the date of su.ch payment being mac)e, said f· " .• da shall revert to the Maintenance Fund of the District and no further obligation for reimbu.rsement shall exist. ~. That the remaining fifteen per cent (15\) of said HOLM. 8ERlITeR. & BlST _~II""""'T,·.O""'" ~lI"O" ........... "10 .... o~, T~~.'NO"" AL ••••• 7 ~~i :~ APR 121968 ., . I First American Title ! I 'First American Title I , j . .;) 'I N t·J I ~ r. -!l ./ U " 111 11 12 13 1" 1S 16 11 18 1. 20 n 22 23 ," J!5 26 27 28 2' 30 l1II!S1 APR 121968 First American Title payment shall be retainl!d by the District AS and for rcimburrH!- ment of overhead, record keeping And oollection costa, nnd no other chargcG or ASBesoments therefor shall b~ luvied 8S4inot the Owner, his heirs, exccl,to['s or aasigna. s. That propertics subject to the requircmento of thiu contl.'Cf,\,lt d'l~ ~ltl.Hl1.ed within the boundarica of the Diutrict in King County, State of Washington, descr.ibed aD follows: thAt portion of Section 15, Township 23 North, Kange 5 EAst, W.H., more particularly dofined 48 follows: The North 1S0 feet of the W 200 feet of the NE 1/4 of the NW l/~ of the SE l/ij of said Section 15. Together with the N 150 feet of the N~' 1/14 of the NW l/~ of the S& l/~ of said Section 15. Together.with the East 300 feet of the South lS0 fect of the SE 1/4 of the 51: l/ff of the HW 1/'1 of said Section 15. TOgether with the South 150 feet of Tract 31 of Black Loam Five Acre Tracts of Sa.id Section is Together with the West 170 feet of the South 150 feet of Tract 32 of Black Loam Five Acre Tracts of said Section 15. hands and. IN WITNESS WHEREOF the parties hereto have -II-,,,,d I,,· ",p-' seals this ~ day of Geeembeq HeT. set their KI"G~UNTY WATER DISTRICT NO. 90 By t.l.6Z~ .. r,jn4'-{,\ a~ .. f ,401 ~ ~':ry (; R & R DEVELOPMENT CO. By Q../..-:...J ((2...... a.......M. " hll{.· 2yI /h. "'->1 ....,&~ Page Three HOLM. tU!.R.E.ITI!R. & BeST _IOIIIM '_1111."o.lGI l1li U"'II" •• "' .. 11 .. 0111 ... .on 1111 .... 0". ,,1 , •• ,., 'First American Title 8. Exception 10_7409230526 First American Title q '" ... N N '" o o .. --" ~---.... ------------ EJI.ED for \leOId at Request 01 .~ roa BEC:IO AT ~t,"£Sr 0' ~~: . ••• MCu.::'l~ WARRANlY DEED The I? .. m",,",--,,,-_,henou. ., .. .... and other valuable cOIIaWer.tioo, coavey _ ad w .... .£lo the Coua&)' Or KiD(, State atW •• biql,on, 1'he Hortb 30 feet. of tbfl I .. t -\ of the •• V.\ of the H.W.\ of the 5.I.t of 8ect1GD IS, TovnIhtp 23 Borth .... 5 Bait, If.K. CoDtafDJ.aa; appcos. 0.223 kI' •• The grantor herein reserves the right to _intain the tJl.1It1ftg fence until such ti .. that con.tructi ... of .... joet rlgllt of IIU project begIn.. . . topt ..... willa tI. rjpllo ~.u ,n MOe...,. I'" far c ..... fUll .po. ... ~ .. ......,_ eacb ,ida at..,. .... 'dor. .. 'IIM'. or .., .. 0 .............. Mil......., .... __ _ wlllo __ ._ 0001 .... Il10_,.. ....... _. 000110 .. __ ... _ .. W 1110 'Ie"" _10 ..-.................... _ ............. g,._ D_1a ........ '" ,. 810 .. '" ... iIIqIoo. ----------------------.. ~--.-- ,------------------------ 'First American Title -------_. __ .. --. --.---.-- • First American Title STATE OF WIIIIIIIIIQTON I .... COUJm' OF IIIfG \ on ..... /u.::.2.".': ..... ot .. S¥ ..... "'-?h~" ttLY. beIaIe ..... -., I'III>Uc .. Uldfllr ......... otWullJDlll>d,dIIIJ ' , ·IUId ....... ........, .... $-n«d.£Sn,;t;f ,<A4! ... ,,!an4_SIidA .... .A4... ... ....,.Q/'A,. ....... -........... __ .. 1I> me _ II> _\be -''-1. deIerIbed 1D aDd... .......... eaeukd the wHbta mstnuDeDt aDd.moat 'I 2 to _ tbM...zl~:...Iped . 1DIl..w tile 1liiie u.._22Z.~L.C . .JJ:e uad wohmtuy att UId dee:l rw tbe .. IUId pIII'P*S --~ I ... , On tbiL .. _._ ... _ ........... day at ..... _ ............. . . .............•.. beIaIe ... ~ oppeued .................. _ .............................. and ............ _ ........... _ .. _ ...... _ .. ______ ... _ .......... . to me Imown to be Ute ..... . .....•.••.•.•.•.•••• ..&Dd. ..• _ •....• _. _______ .. _ ••. _ .•.•.••.•••• of the corporaUon Lbat eucu\ed. \be r~ imtrwnenl and ackncnrIedpd aldlDRnuDebt to be U1e free and YOIuntary act and deed of said corporation. for the uea mel paqae:I tben:ln tnftl· Uoaed. aDd on oatil dated. tIaat.............................. . ....... "auU1arlad 10 aecu&e aU! baltrulDe .. & and that the ... amRd. is the cotpon.&e RIl of said COI'pOII.doft. Given under my hana and official Ie1'II dle day and )'ell' last ab<:wc written. "oe.y ~ DJ a4 tar 1tU.,.,. 01 .. .....".., ~ .,. --'-' .•.. ~ ..... ---.-.. ---.... -...... -... -..... -.- ~II , ti ~ j i = ! .. ~ il 11 ~ H , ~ !< ! I '; i!~ III 1 I ! ! I ~ , I ~ 1 !I I ii I i! 1 I I i ! I 1 I ~ ~ I 8 ~ 1 '8 .. _--... _------_ .... __ . _. __ ... _. '- 'First American Title 9, Exception 11 7503030294 "=~'~~~--~"'~""'~"~"~'-E'-'~"'~"~'=""=--~=====-m=-~ . r-__ .-___ ~~~~IJo:!..:...r.~: I I I I , I SHORT PLAT. NO. 57400.20 KING COUNTY. WASHINGTON This 2p~ca ru~urvud far APPR~L rceordilr'!J us," De&Uftnmt of co==m.1ty , !JIvJlCt1a!ntltl Dc\'cl:.p,nmc DivisSen ot Lllnd Ufe I"..tndgc::crnt '" ,.c.COADED ........ Crr:' ..... _ ... _._ .. _ •••• _REQUESI Co' 1m I!.\.~ 3 All 10 07 t:nccrca ~ECCRJ' & ELECtiONS tUlIG CCLlIlTr, WASH. rlled fOr record ~c che t(t.lt;C#c oft R. E . .5TUT!; .= ilecum co: ~ a utlr/ UIJd HoIr.:.lgo_=ctIC DJV'. a k'2J5, Kl:'l9 co. Co::rehol.:;lo Sd.ltclo, W~~Ir.1:on 9.Ja4 LeGAL DESCRIPTiOn £l'.JainGd .Indo .lpprovod t:hi$~ E!..ljl o( A..cl...--<=;7" , ~, /.5 -<:~ 6 / _ .,' / 4"f".-c4.,f. 4 ,/ tL;n.~""," .. " - ,HE. E..e.S'-:-iALF 01==" ,J .. n=: l-JOR,-~··.· ... ·2~' -: .... ·:.RT::R O~ ,HE NORTH'WE:ST .':i'-tA,;:.?'r::I ... ClF THE: .50UTH=:AST' ':iiJART:::R JF "=S:C.'-ION 15) TOt..-'NSHiP 2..0 )-...!OR-rHJ t/' 1 r-<":'.I~-l GC: 5" 6:A.5T,; •. ."..../. MOo 1 N Y .. II..! ~ COUI..J -;--... :"'E..!:.:=' T:-::=-I~:;~-;-!-i ~u r-s:.~,... F:::,:-c: -....... ,-:.. . ..-. .;..... -= ----:---._-_.. ---- Map on File In Voull = ---~ ~.,::,,\ " -----. .. - First American Title 'First American Title I I i Know a.ll moll. by tuDsn prUBonttf thn.t we, the undarsiuncd. av."or(s) tn :'t:o simple t and contra~t purchnscr(s)l of the land hO~Qln describert dC' hercui' mn."te 11. short subdlvls10n thorco( purSuRDt to RCI 58.17.000 Dnd doclare tOls 5~ort plat to be tho craphic rcprcacntat10n 01 srumq. and thnt sold short subdlvL310n 1!1 mnde \\'ltll tho tree consent and 1n accordance \'lUll the deslro or the oW~Qr(s). In witness whoroof we htlvl! set our b9;nd.9 and. seals. ,.pdJ& jld/ !i:une rJ q;tud~ &u,Xs llame 'i:ur:9' Nome STATE OF W4\s1I1:IOTP:J., County of K~ \ u. On this day personally dppeacsrl betore-m to "" """"" to b. til. Indl.UlLll ~~~?~d In .r.h •• ,«uted til. vltllln .od fowp,n. l::!te..""UQ:nc, .:md oJc::kncvJedgcct that S.fgnBd rho SAM 43 Mu....:.a... trL.""f1 ,1..,d '.':)Ju.-::.lty d~t' and ~eod, Eo: the usas dnd ;~r;O$e$ hereln cen~lonod. GIVEN Llndor l:'J hlJ/1d d:1d o!E1c:1al seal thh ;,(.Trtd;ly af Y~(,..t.Jr,HU. .... ". ---:~ " ~.c,~ • ... OColry Pelle 1n olnd (or tho St.J!:c.! of ;.'.t3h:n<Tt~n, rC!JJ.t!1::g 0I;."e-_ ~ ~!:=!:(, ... C'OlU'lt!l 0(' _____ _ On thln fl." rr~c:._;,.:.~ :.-;:L :ttr' flro."orc tNJ ______ ...:. _________ _ CO r:IO kr.CIII1 co 1:0 the ind1vldwtJ dfUscrJbecl In ,and who ,,,cOt:Ute4 tho vJehln _.J f'o:cg-;,'n~ 1r.:r=t&="~IU:, .!nd 3t:!a;:AoIJadgt:d thole: -":J..!~ed' tho #lJl!V 02a freo 12m: ?~!L:::!:.-;rJ de: .:nd deca, ........ '"";~ U!'-d ~r" ...... ,;>-:Ka:. "I:erc~. c.!nda:Jod .. GI VE~ under I!J) b~d and QUicl;'J .:oed th!:J __ cb!l of' ______ _ 19 __ " "':! Short Pint :Iurrbnr 57400.a... tloury PublJ.r: in lind for chI) SC4CO of ~ . .:.tI:lton. :4:tSdjng ,,:: '~~"."- ", .=~LL= First American Title ------~--------------------- 'First American Title "'-. , , ~~ ~ R,."/ !:.::I.:VC"I"'I:!) r..:t K:U tf CD. ~ 11 7d.O!).:!.3~E..;1': I &S:77~ , 6!r."7'·.,:t '" , .. " ~ " It) \J , . ;1 "l ., J ~ I,) , , Id !2 "> \I , " I.i~ > oj , on ., ,1" " , 10 $ > :; 5 -.g. . l-, , u '" ., .+ ~ ~O) " ~ '. , \, ~ 3 .., :>: I-:li ., ~ " , . L ~t :: -: L " ~ 1:1 '. , .:t 'J ~ ~ 41 ---< " :. w I:J :z: " ~ J J -) , 41 > 16~'-·69 '~ '65.0 '-: " ", <0 •• " 1_ - • MDS) on FilII In Vault N ~~ll'.C'tJQn' 'vI-___ -1I ___ _ $~ICJt I'~ 100 ' . c. -tOO 2.00 --' 51 .... Pl •• No,,_-,S:::....;7:...;:4:..0:;.;:O:..=2. __ _ i Oht1!hZPMIt.~;:=!~::;;~~'tr;~·! .:---".t'_ ',,- First American Title ,-------------------------------------------- -First American Title I • • • tlL£D lor lllalrd at Request 01 _ U{W " ;; " ~ i ~ ~ " ~ 11 ... ~ " .... , .•• ,_ r. r'ft2 'F an· ~.,n '!'lIB ~IGIIBD. declU'u.u. ticbud B. 8t.lltla ..., Jaaie L. w: s ....... or ~ tollOllriav ~ 1a:ad loc.t:ad b. Ki.Dg c:c:..ty. state or ...adagtoa. to wit: ~ "-C; 1/3 Of tM Bat l/a of u. ~t lit of tile ~t 1/ .. of tbe ~t 1/01. ~ tIM ~ 30 reet ~ fOE" C'OId. aU 1a leCtioa 15. ~p 23. ~ 5 But W.8 •• ill U8g COIIIIlty WUII1.DgtGD. A.lao a-a: f'U'cel "A'" of &:iag CoaIIty Dart flat ...... 574003 • ., DID1' cId.be. declare -.l dldic.u tbe followtDg ---.t a.er. ~ aid -=rwa tbe followiJlg partioa of tile ..... deecrlbed .. Lf: '!lie s.t a (_t. of til.-.artII no ... __ ....... 4 Ire. tile IIOIItb ~ of tIW ro&day (1IOrtIl .. , i LJ liDe) .. !WI> .. P· ... _II'I U 4)nIlhd to: Be But 1/2 of tbe But 1/2 of tM ~t 1/. of tM ~t lit of ~ tIoIItllea:t 1/4. ~ U. 8aI'tIt 30 I.t tbenof for road, all iD. a.ctiaa 15." tip 23. auao. 5 But •• 11 •• :Ia tiJIg e.-.q a..Ia:i..Dgtaa. u.-___ _: Lot: 11 .... Lot: 12 01' ftag c:o..~ IIbort plat ~ 280D31·laalaID570. First American Title , I· • ------------------------------------------------------- ·First American Title 11. Exception 0 13_960621 0966 ,- i- -_.!..- , First American Title ,0_, • • • CITY OP RmITOlf. IfASBIJGTON ORDDWfCB NO. 4612 III QlDJ:DJ1(2 or 'IB t!nT cw. aartII, ~, :I8'DB1.IBBIJIQ D ISSUSllDl"t DIB'l'UC'r POI. BIIIl"DI:I' SDD. IJDVICI D' A 1Oa'lIa.' (II !BJI IJOU'I'II BIGBLUDJ, DUKII. DCaI. .11m IIULDIOOD SUJ;· .... DI. .aI:D UlULl:1I:8DIQ Dm D!DOln' 0' 1.'D ou.ac:a ote:ar ~OII' to 2D 'ACIIorrIBS. .. -- TRB CITY COTJlfelL or TBll CI"lY 01 RIRf'roN, MASHINQ'1'ON, DO OKDAlJl' AS P'OLLOIIIS I 'nwro is bereby created a Sanituy Snor Service Special AIIseaament Dl.trl.f~ tor the area aerved by the But R.eDtOl:o Sanitary Sever Inte:captor in the northeast quadrant of the City of Renton aGd a portion ot ita urban growth area vitbin wdacorpQratecS Itiug County. which area ill IDOl',. particularly described in ZXbibit -A-attached. bereto. A map of the service area is attaChf4 as Bxhibit -8.· 'l1t8 record..t.Dg of this documD.t 18 to provide IlOtific:at!ou of potential connection an4 interest charges. lIhile Ws CODDeCt1cm cbarga -'Y be paid at any time. the Cit)' does not require payment UDtil IIUCh tiale as the parcel. 111 connected to and. thua beDatiting frc. the sewer ladlltie.. The property _Y be 801d or in uy' other vay change ba!¥Se ntbout triggering the requirtllleJ1t. by the City, of payment of ~ cbarps u.acute4 vltJi thi. diJ:trict. faciltti •• ira thi. 8pecial AlD'RlAt Di,trict ad wILlcb proptRW • • • "First American Title - 1- I , --.~- • • • ORDINANCE 4612 have not been charged Dr assessed with all costs of the Bast RentOn Sanitary Sewer Interceptor, as detailed in this ordinance. shall pay. in addition to the payment of th~ connection permdt fee ~d tn addition to tbe system development charge, the following additional fees: A. Per Unit ChaNe New connections ot residential dwelling units or equivalents shall p~y a fee of .$224.52 per dwelling unit and all otber UBeB shall pay a unit charge of $0.069 per square foot of property. Those properties included within this Special ASsessment District and. which may be assessed a charge thereunder are include4 within the boundary legally described. in lbCbibit -A- and wbich bcnmdary is shown on the tIR'.p attachad aB Bxbibit -8.- JEtIQI In. In addition to the afore8tated charges. there shall be a charge of 4.11t per annum ildded to the Per unit Charge. The interest charge shall accrue for no more than ten C1D! yellrs from the date this ordinance becomes effective. Interest Charges will be simple interest.and not compound interest. gc:nqr :ry, Thb ordina.ace ahall be effective upon its passage, approval, 'and, thirty (30) days after pul)Ucation. PASSBD BY THB CITY COUNCIL this .lath day of Jung 1996. First American Title •• • "First American Title • - • • 1- 1 APPROVBD BY THB MAYOR this ~ day of ....;J"un:::::e ____ , 1996. Jes Tanner. Mayor Appro~a8 to fom: . c>r~ .... " ~~""4 Lawrence J. Warren. Ci~y Attorney nate of Publication: 6[14/96 ORD.S16:S/20/96:ae. • I· .' First American Title First American Title - 1·--.... :... First American Title • • • • Exhibit A LEGAL OESCRIPnON OF THE SPECIAL ASSESSMENT DISTRICT FOR THE CITY OF RENTON -EAST RENTON INTERCEPTOR PortionsofSecUODS 8.9, 10. 11. 14. 15, 16. 17.21 and 22 aIlln Township 23N. Range 51'; W.M. In KIng County. WasJoJngton SeotIon 8, Township 23N, Range 5E W.M. All of lilat portIOn of 5ectIon 8. Townablp 23N. Range 5E W.M. Iy1ng East of the East right-of-way Une ofSR-405 and Sonth of the {oDawing descri&",fOne: ~t'tng at the 1Dtersectlon of the East line of satd Sectfon 8 wtth the centerline of 7th _ thence Westerly aIoDg sald centerilne of HE 7th StIeet to Its Interoectlon with the ceoterllne of Sunset Boulevard NE: thence Northerly along the cenIeriIDe of Sunset BouleYmd NE to the North One of the SOuth .... t ~ aT sald SoetIon 8: thence West along sald North line to the East right-of-way One of SR-405 and the tcnnlnus of said One. SoeIIon V. Township 23N, Range 5E W.M. All ofthstportlOn of SectIon 9. Townablp 23N. Range 5E W.M.!YIJJg South and East of the following des<:ribed line: _ on the centeriIne orNE 7th Street at Its -. with the centeriIne of ItdmoDils Awnue NE: _ ~ along the centerline of HE 7th Street to Its _ with the _ ofMomoeA_"" NE: _ North aIoDg sald cenlorlJne to the South line of the Northeast 14 of GOld SectIon 9: tbence East aloDI! said South ltIIe to Its __ with the oenterlIDe of _ A_u • . HE: thebce Northerly along asId centeriIne to 118 _ with the..-of HE 10th _ tb<:nce_ aIoDg sald centeriIne to the _ Dne of sold Section 9 and the terminus of said line. _10, Township 2311, RIngo 5E W.u. AD of lilat portIOn of SectIon 10. TownaIIlp 23M. Range 5E W.M. !YIJJg Southerly and Westerly ofth. followln& d_llne: . BqJnnIng on the West line of Secuon 10 .t Its tnteraecIIon with the North Dne of the South ~ of the North ~ of said SectIon 10: th<tIce EastaloDgasJd North Uno to Its _0 with the _ of 14200 A .... u. BE: t6euce 50uthetIy aIo~":,! _ to Its hdu_a with the North line of the Southeast 14 of asId n 10: tb<:nce EaotaloDg asJd North Dne to lIB __ with the East line of asJd SecUon 10 and the _ .. of asJd Uno. ,.....r-. a _ .... I · • 'First American Title • , , 'J First American Title --------------------- • ill • Lqa/ DtscriplWn of the Spm.1 Asstssmtnt Distrid (or the City ofllmr.n -fAst lImton Inlttaplm' Section 11, Townshlp23N, Range SE W.M. P'W 2 of3 AU of the Sruthwest {4 of Section 11. Township 23N. Range 5£ W.M .. SecUon 14. Township 23N. Range 5E W.M. AD of that portion of Section 14. Township 23N. Range 5E. W.M. described as follows: All of the Northwest ~ of said section. together with the Southwest K of said _0. except the South ~ of the Southeast \4 of satd Southwest \4 and OlICCPI the plat of ~clntJrc Homesites and ~ of streets adjacent as """rdod In the Book of Plats. Volume 58. Page 82. Recoro. of KlDg County. Washington. and OlICCPt the South 151.55 feel of the East 239.435 feet of Tract 6. Block I of Ccdsr RIver Five Acre Tracts as record, 'In the Book of Plats. Volume 16. Page 52. Records of KlDg County. WashlDgtoo. less ~ of the st<ec:t abutting said portion of Tract 6. Block I. and Jess Tract 6. 8. >Ck 2 of said Ccdsr RIver Five Acre Tracts. Jess 1\ of the ._t adjacent to said Tract 6. Block 2. and =:ept the South 82.785 feet of the East ISO feet of1'ract 5. B1ocl< 2 of said Ccdsr RIver Five Acre Tracts and Jess ~ the street adjacent to said portfon of Tract 5. B10ck 2. SecUon 15. TownBhIp 23N. Range 5E W.M. AD of that portion of SectIon 15. TownshIp 23N. Range 5&. W.M .. e>ccpt the SouthWlC8t t4 of the Southwest ~ of the Sout:hwest ~ of said eectlon. SOCIIoo 16. Townahlp 23M, Range 5E WoM. AD of that portiOn of Sce1lon 16. TownshIp 23N. Range 5& W.M .. except that portton of the Southcsst \4 of the Southesst \4 of the eakl SocUon 16lytng East of the East line of the Plat of Maplewood DMston No.2 as reconled In the Book of Plats Volume 39, page 39. Rt<mds ofKJng County WashlrJ&Ion and Ha Northerly extension to the North line of said Southeast \4 of the Soutbeast \4 of the said SectIon 16 and except that portion of said sectlon lytng Southerly of the Northerly right-of-way line of SR-169 (Maple Valley Hlglnvay). SecUon 17. TNIISIIIp 23M, Rango 5E W.u. All of that porUon of SectIon 17, Township 23N. Range 5& W.M.. Jytng Northeast<rIy of the Northeasterly right-of-way of SR-l69 (Maple Va11cy lIlgbwayl and EeMlY of the East rfgbt.of_ line of SR-405 Jcss that porUon Jytng gcneraDy West of the East and Soufhesater\y Itnc of Bronson Way NE 1ytng .VM.f.uMIIII .... __ .. ·"' .... •• __ I \ 1 I • • • . First American Title - 1-- I .c II) en • • • P!rt 3 0(3 betwttn the South 1Ine of the NE 3ro Street and the Northeasterly margin of SR- 405. SectIon 21. Township 23N, Range 5E W.M.· AD that portion. of Section 21. TownabIp 23N. R 5E W.M. lying Northeasterly of the North<astaIy rial>t-af-way IIDe of SR-I69 (Maple Valley Hlghwayl and west of the East IIDe of tile 1>Jat of Maplewood DIVISIoo No.2 .. rea>nIed In the Book of Plats. wlume 39. page 39. Rocords ofKlng CoUDty. WaabIngton. -. 22, TcnmaI1Ip 23N, Range IE W.II. AD of that portion of Sectlon 22. Townshlp 23N. Range 5E W.M. desalbed as follows: AD of the Northwest l4 of tile Northeast l4 of eaId _0 22 lying NortIu:rly of the Sontl!s\y _ of the Plat of Map1ewood IIo!!!)lIa .. ...::onIed in tlJe Book of PlaIa. w\ume 18, _1 through4,l!a:orc!sofKlngCoUDty. WBBI>IngtIm. Together with the North 227.11 r.a of the West 97.02 of the Northeast !to of the Northeastl4 ofsald SedIon22. • -- First American Title . , I· · "First American Title -----------_ ... • .-- • • -. -~. ExhibitB EAST RENTON INTERCEPTOR Special Assessment District Boundary 1 5 ·ct ..... W ... e IANTAlY IiEWIIS • CIa fI("' ..... 211110r First American Title --QrlWo IZZZLI ..... _- I· · r-------------------------------------------------------------------------------------------------- , First American Title 12. Exception_14_2011 0606001192 Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98057 Title: LATECOMER'SAGREEMENT Property Tax Parcel Number(s): 152305-9170;· 152305-9100; 152305-9066; 152305-9201; 692800- Project File #: P~1. 27-6037 0560; 692800-0570; 692800-0580; 692800-0590; 692800-0600; 692800-0430; 692800-0420 and 692800-0410 Grantor(s): Granlee(s): I. City of Renton. a Municipal Corporation I.Classic Concepts V, LLC Complete legal description is in Exhibit "B" of this document. LEGAL DESCRIPTION: A ponion of the East HatfofSeclion 15, Township 23 Nonh. Range 5 Eas~ W.M. in the City of Renton. King County, Washington THIS AGREEMENT made and entered into this .5 -/II. day of yJ'{fY1 by and between the CITY OF RENTON, hereinafter referred to as "CITY," and Classic Concepts V, LLC, hereinafter referred to as "DEVELOPER"; ,20.1L WHEREAS, the "DEVELOPER" is desirous of installing certain wastewaler systems and appurtenances thereto at, ncar, or within the herein below described property and to connect same to the "CITY'S" utility or road system(s) so that such improvements will constitute an mtegral part thereof; and WHEREAS, no other property owners or users are presently available to share in the cost and expense of construction of such improvements, and the parties hereto having in mind the provisions and terms of the "Municipal Water and Sewer Facilities Act" (R.C. W. 35.91.020, et seq.) and street latecomer's legislation (R.C.W. 35.72.010, et seq.); and WHEREAS, the "DEVELOPER" is willing to pay all the costs and expenses for the installation of said improvements; NOW, THEREFORE, IT IS HEREBY AGREED AND CONVENANTED BY AND BETWEEN THE AFORESAID PARTIES AS FOLLOWS: Page 1 Description: King,HA Document -Year.Month.Day.DocID 2011.606.1192 Page: 1 o£ 11 Order: sq Comment: s First American Title First American Title PRM27-0037: CLASSIC CONCEPTS V, LLC LATECOMER AGREEMENT SE 2ND ST & SE 2ND PL I. The "DEVELOPER" hereby acknowledges and covenants that he is the owner of the following described property, to wit: See Exhibit "A" and the "DEVELOPER" hereby agrees and covenants to cause to have installed the following described improvements, to wit: I. 843 linear feet of 8·inch PVC Sewer Main 2. 3 48·inch diameter manholes and such installation to be made in full compliance with a1l.applicable codes and regulations of the "CITY". The "DEVELOPER" further covenants and warrants that all expenses and claims in connection with the construction and installation of the aforesaid improvements, whether for labor or materials or both, have been or will be paid in full, all at the "DEVELOPER'S" expense, and the "DEVELOPER" covenants and agrees to hold the "CITY" harmless from any liability in connection therewith. 2. The "DEVELOPER" further certifies that the total cost of said construction as hereinabove specified is SI37,146.56. See Exhibit "B" attached hereto for the legal description of the boundary line encompassing the lands affected by this latecomer agreement, and see Exhibit "C" attached hereto for the map showing in outline the land affected by such additional charges per the terms of this agreement. The total amount of the cost of said improvement shall be employed to detennine the pro rata reimbursement to the uDEVELOPER" by any owner of real estate who did not contribute to the original cast of such improvement, and who subsequcnt1y wishes to tap into or hookup to or use said facilities, which tap or hoo~"Up shall include connections to lateral or branches connecting thereto, all subject to the laws and ordinances of the "CITY" and the provisions of this agreement. Page 2 Description: King,HA Document -Year.Month.Day.DocID 2011.606.1192 Page: 2 or 11 Order: sq Comment: s First American Title First American Title PRM27-0037: CLASSIC CONCEPTS V, LLC LATECOMER AGREEMENT SE 2'" ST & SE 2'" PL The method of determining latecomer payments shall be by: Per unit connection The pro rata cost is $5,714.44 3. It is hereby found and determined that the construction and installation of said aforedescribed improvement is in the public interest. 4. The "DEVELOPER" hereby agrees and covenants to convey, transfer, and assign unto the "CITY" all rights, interest and title in and t~ said improvements and all appurtenances and accessories thereto, free from any claim and encumbrance of any party whomsoever; "CrfY" agrees to accept and maintain said improvement as part of its present system upon approval thereof by the Administrator of the Public Works Department or hislher authorized representative and after inspection of said construction. The "DEVELOPER" furthe~ agrees and covenants to execute and to deliver unto the u<;.ITY" any and all documents including Quit Claim Deeds and Bills of Sale that may reasonably be necessary to fully vest title in the "CffY" and to effectuate this conveyance and transfer. The "DEVELOPER" further agrees and covenants to pay unto the "CITY" such service charges or other charges as may he imposed by the "CffY" for use of the improvements for which this agreement is granted. 5. The "CffY" reserves the right, without affecting the validity or terms of this agreement, to make or cause to be made extensions to or additions of the above improvement and to allow service connections to be made to said extensions or additions, without liability on the part of the "CITY". 6. No person, frrm, or corporation shall be granted a permit to use or he authorized to tap into the facility during the period of 15 years from date hereof, without first paying unto the "CITY", in addition to any and all other costs, fee, and charges made or assessed for each tap, or for the main facilities constructed in connection therewith, or for street, signalization, and lighting improvements, the amount required by the provisions of this Page 3 Description: King,WA Document -Year. Month. Day. DocID 2~11.506.1192 Page: 3 of 11 Order: sq Comment; s First American Title ~----------------------------.. -------_._--- First American Title PRM27-0037: CLASSIC CONCEPTS V, LLC LATECOMER AGREEMENT SE 2ND ST & SE 2ND PL contract except such charges shall not apply to any extension of the main facility. All amounts so received by the "CITY" shall be paid out by it unto the "DEVELOPER" under the tenns of this agreement within thirty (30) days afier receipt thereof, less a 10% administration fee. Furthennore, in case any tap, hookup, or connection is made into any such contracted facility without such payment having been first made, the legislative body of the "CITY" may cause to have removed such unauthorized tap, hookup, or connection, and all connections or related accessories localed in the facility or right-of-way, and dispose of such unauthorized malerial so removed, without any liability on the part ofthe "CITY" whatever. It is further agreed. and covenanted that upon expiration of the tenns of this agreement; to wit: 15 years from date hereof, the "CITY" shall be under no further obligation to collect or make any further sums unto the "DEVELOPER". The decision of the Administrator of the Public Works Department or hislher authorized representative in determining or computing the amount due from any benefited owner who wishes to hookup to such improveme~t shall be final and conclusive in all respects. 7. It is further agreed and understood thaI the aforedescribed improvements to be undertaken and paid for by the "DEVELOPER" have been or are about to be connected with the utilities/transportation systems of the "CITY", and upon such connection and acceptance by the "CITY" through its legislative body, said extension andlor improvement shall be and become a part of the municipal utilities or transportation systems. 8. This agreement shall be placed for record with the King County Auditor's ·Office within thirty (30) days of final execution of the agreement. 9. Before the "CITY" will collect any latecomer's fee, the "DEVELOPER" will transfer title to all of the improvements under the latec~merts agreement to the "CITr"'. The "DEVELOPER" will also assign to the "CITY"·the benefit and right to the lalecomer's fee should Ihe "CITY" be unable to locate the "DEVELOPER" to tender any latecomer's fee Paee4 Description: King,WA Document -Year.Month.Day.DocID 2011.606.1192 Page: 4 of 11 Order: sq Comment: s First American Title First American Title PRM27-0037: CLASSIC CONCEPTS V, LLC LATECOMER AGREEMENT SE 2'" ST & SE 2ND PL that the "CITY" has received. The "DEVELOPER" shall be responsible for keeping the uCl~' informed of its correct mailing address. Should the "CITY" be unable to locate the "DEVELOPER" in order to deliver a latecomer's fee, the "CITY" shall undertake an independent investigation to detennine the location of the "DEVELOPER". Should the "CITY" after a good faith attempt to locate the "DEVELOPER" be unable to do so, then the latecomer's fee shall be placed in the Special Deposit Fund held by the "CITY" for two (2) years. At any time within the two-year period the "DEVELOPER" may receive ~e latecomer's fec, without interest, by applying to the "CITY" for that latecomer's fee. After the expiration of the two-year period, all rights of the "DEVELOPER" to that fee shall expire, and the "CITY" shall be deemed to be the owner of those funds. 10. When th'e "CITY" has received the funds for a latecomer's fee, it will forward that fee to the "DEVELOPER" within thirty (30) days of receipt of the funds. Funds received by negotiable instrument, such as a check. will be deemed received ten (10) days after delivery to the "CITY", Should the 'ICITY" fail to forward the latecomer's fee to the "DEVELOPER" through the "CITY'S" sole negligence, then the "CITY" shall pay the CODEVELOPER" interest on those monies at the mte of twelve (12%) percent per annum. However, should the "DEVELOPER" not keep the "CITY" infonned of its current correct mailing address, or should the "DEVELOPER" otherwise be negligent and thus contribute to the failure of the "CITY" to pay over the latecomer's fee, then no interest shall accrue on late payment of the latecomer's fee. II. When authorized 'by the City Council, a latecomer's agreement can be granted for a period of up to but not to exceed 15 years. No extensions will be granted beyond the period of time established by City Council. The latecomer's agreement will expire at the end of the period of time established by the City Council. 12. By instituting the latecomer's agreement, the "CITY" does not agree to assume any responsibility to enforce the latecomer's agreement. The recorded latecomer agreement will be a maner of public record and will serve as a notice to the owners of the potential PageS Description: Ring,HA Document -Year.Month.Day.DocID 2011.606.1192 Page: 5 of 11 Order: sq Comment: s First American Title First American Title PRM27-0037: CLASSIC CONCEPTS V, LLC LATECOMER AGREEMENT SE 2ND ST & SE 2'1> PL assessment should connection to the improvements be made. The assessment roll listing the affected properties and the pro-rata potential latecomer charge for each will be on file with the "CITY". The "DEVELOPER" has responsibility to monitor those parties connecting to the improvement. Should the 'ICITY n become aware of such a connection, it will use its best efforts to collect the latecomer'. fee, but shall not incur any liability should it inadvertently fail to collcct the latecomer's fcc. Page 6 Description: King, lilA Document -Year.Nonth.Day.DocID 2011.606.1192 Page: 6 of 11 . Order: sq Comment: s First American Title First American Title PRM27-0037: CLASSIC CONCEPTS V, LLC LATECOMER AGREEMENT SE 2"" ST & SE 2ND PL CITY OF RENTON ~ " u.,.t,~ Ma~nisLaw By: &n""o·...j I.Jafl4yu Bonnie I. Walton, City Clerk STATE OF WASHINGTON ) SS •••• ,f" ... " .' ~'~':"',\,,: ~.. "'-I" ;:~:'::.~.j'.::.~(:.~\.: .. ~ .... : « '7. t} 1:'-'1 ~ ... " LJ..J .: ~~ i ·\C· .. if .• , \-('" -' .... :, .. / \. ..... .(/·~·········~.t·· ....... "', ... ~~ .. -"' .............. COUNTY.II!: KlNG ) On this_~ __ dayof ~ . 20J..!-, I etrtifYlhatl know or have satisfactory evidence !.hat ~ is the person who appeared before me, and who signed this instrument,. on oath stated that she was authorized to execute the instrument and acknowledged as the Mayor of the City of Renton to be to be the free oluntary act f3'iRl1 for the uSeS and purposes mentioned in the instrument Page 7 Description: ~ng,HA Document -Year.Month.Day.DocID 2011.606.1192 Page: 7 of 11 Order: sq Comment: s First American Title , First American Title PRM27-0037: CLASSIC CONCEPTS V, LLC LATECOMER AGREEMENT SE 2ND ST & SE 2ND PL By: By: Notary Seal must be within box INDIVIDUAL FORM 01' ACKNOWLEDGMENT STATE OF WASHINGTON ) 55 COUIITY OF KING ) I certify that I know or have satisfactory evidence that ___ ,-____ _ :::;:=::;:-:;::"";::-;::-;:;:;;:-:-::;:;:=;:::-==::7="" signed this instrument and acknowledged it to be hislher/their free and voluntary act for the uses and purposes mentioned in the instrument Notal)' Public in and for the State of Washington Notal)' (Print) __ -;--__________ _ My appointment expires:. ____________ _ Dated: Notary Seal must be within box REPRESENTATIVE FORM OF ACKNOWLEDGMENT STATEOFWASHINGTON )5S COUIITY OF KING ) I certify thai I know or have satisfactory evidence that ,,--;=~--,--___ _ "'---:--'-_-;-:-7"C,,-__ ,,-__ ,,--:---,-__ signed this instrument, on oath Slaled that helshe'they wasiwere authorized to execute the instrument and acknowledged it as the and.:::==7.::::;C-~- of to be the free and voluntary act of such party/parties for the uses and purposes mentioned in the instrument. Notal)' Public in and for the State of Washington Notal)' (Print) Myappointme'-n~t-e-x-p~ir-es~:------------- Dated: CORPORATE FORM OF ACKNOWl.£DGMENT Notary Seal must be within box STATE OF WASHfNGTON ) SS _ COUNfY OF KING ) \\\1\11111111 On this...1:..:!::!l. day of mit \/_ 20~ before me personaJly appeared """~SAN ",/""1111 LDI\\-kJA V f\.P -~ D~ _--:r:::v to me known to S-~ c, .. ··{~Ys;io··.~O~... be YVl &t.. oCthe corporation thai : 1 ,'.,'0(':' I)~ ... ~ ~ executed the withio ~eot. and acknowledge the said instrument to be the free and -.' Ci NO '-4 ~\ '" ;. voluntary act and deed of said corporation,. for the uses and purposes therein ... Qj,~: :: mentioned, and each 00 oath stated that he/she was authorized to execute said '§. ~\ ~()8l~ .' ~ instrume~tand at the seal affixed is the corporate seal oCsaid corporalion. ~ ~""C! ... $ AI 11 _,f /. ~ ~ O··;R?20'~"··O+ ~ //l. U.J '6/ e- ......... ", If:' I1rASH\~G~ """ Notary Public in and for the State of Washington 1""1111111111'\\\\\\\ Notary (Print) S H,SVlQ m. Co bJe../. My appointment expires: 10 -q -/4- Dated: 5-4-lj Page 8 Description: King,HA Document -Year.Month.Day.DocID 2011.606.119~ Page: 8 of 11 Order: sq Comment: s First American Title ---------------------------------------------------------- . First American Title i>f-RCEL.A EXHIBIT A 'LEGAL DESCRIPTION LOTS 54, 55 AND 64; P\JGET COLONY HOMES, ACCORDING: TO THE PLATTHEREOF RECORDED IN VOLUME ail OF PLATs,.PA~E 59; KIN~ COUi'HY, W"'~HiNGTON PARCELs THE WEST 37 FEET QF L.ot 61' ,l\r{o ~OT 62,i;XG.EPT THE WEST 19 FEET THEREOF, ACCO!<PING TO THE PL<\.T THEREOF RECORDED IN VOLUME 86 OF PLAn>, PAGE 59, KlNGCoUNTY, WASHINGTON . (ALSo KNQWN A~, A PORTIqN OF KING. COUNTY LOT LINE .ADJUSTMENT NUMBE.R 8812{)25, RECORDED UNDER RECDRDIIIIG f>jUMB~R 89(4060692) .... pARCElC THE WEST 19 FEET OF LOT 62 AND ALL OF Lot 63, ACCORDING to THE PLAT l:8ERE:OF: Ri;:C.ORDEQ IN VQLWME86' OF PLAts, PAGE 59, KING' COl,l1'!Ti', WASHINGTON . (ALSO ~OWN AS A. PORTION OF KINI3¢QUNty· LOT LINE ADJUSTMENT NUMBER 8812625, RECORDE'O UNDER RECORDING NUMBER 8904060602). . .' Description: King,NA Document -Year.Month.Day.DocID 2011.606.1192 page: 9 of 11 Order: sq Comment: S First American Title · First American Title EXHIBIT B SE 2nd Street and SE 2 nd Place Sewer Extensions Latecomer Property That portion of the northwest quarter of the southeast quarter of Section15, Township 23 ' North, Range 5 East, W.M., in the City of Renton, Kin'g County, Washington described as follows. BEGINNING at the northwest corner of said subdivision; thence southerly, along the west line of said subdivision, to the northwest corner of Lot 4, King County Revised Short Plat Number880059, recorded under 'Recording Number 8302011019; thence easterly, along the north line of said lot to the northeast corner of said lot, said corner being on the west line of Lot 2 of said short plat; thence northerly, along ~aid west line to the common westerly corner of said Lot 2 and Lot 1 of said short plat; thence easterly, along the common line between said lots to the common easterly corner of said lots, said corner being on the west line ofTract A, King County Short Plat Number 574002, recorded under Recording Number 7503030294; thence southerly, along the common line between said Lot 2 and Tract A to the common southerly corner of said lot and tract; thence easterly, along the south line of said Tract A to the common southerly corner of said Tract A and Lot 2 of King County Short Plat Number 28003, recorded under Recording Number 8008040570; thence northerly, along the common line between said Tract A and Lot 2, to the common westerly corner of said Lot 2 and Lot 1 of said short plat, Thence easterly, along the common line between said lots, to the common easterly corner of said lots; thence northerly, along the east line of said Lot 1, to the southerly right of way margin of Southeast 132nd Street; thence easterly along said southerly margin, TO THE POINT OF BEGINNING. TOGETHER WITH that portion of the southwest quarter of the northeast quarter of said Section 15 described as follow; Lots 41,42,43,56,57,58 and 59 of Puget Colony Homes, according to the Plat thereof recorded in Volume 86 of Plats, Page 51, records of said county; AND TOGETHER WITH Lots 60 and 61 of said plat except the west 37.00 feet of said Lot 61, (also 'known as a portion of King County Lot Line Adjustment number 8812025, recorded under Re(:ordi~~!!M~§1~~~~~ Description: King,HA Document -Year.Month.Day.DocID 2011.606.1192 Page: 10 of 11 Order: sq Comment: s First American Title First American Title ..... , /", lAjECOMt!jr')/i/;;EE~NT VICINIlYMAP SE 2ND ST & SE 2ND PL SEWER EXTENSIONS 'LEGEND EJJSlTNC SAflfTAIIY!DfJ/. txJsriHc MAMlaE SCAL£: ,. =,150' D' 37.5 75 . , 150 I .......... ! --,---. ...: ,PIIWO!BJ sAHlrAHY stIIfJ/ £XTlM}(1/ ~ £iNlmm PROPElIfis- . ..@ PRri'rmJ MANHa£ Description: King,WA Document -Year. Month. Day. DocID 2011.606.1192 Page: 11 of 11 Order: sq Comment: s First American Title '" ----------------------- r----------------------------------------------------------------------------------------------------------------------- , 'First American Title I I ! ~ '=' "' .::::J I t·, ~l :- N "' o o ~ ~I ~I , SHORT PLAT. NO. 574002. KING COUNTY, WASHINGTON ThJ~ ~p~~u ru~urvad fa~ APPROY.AL ccc:ord()r'!1 us~ Del'Jtl:~ne of COct::'Jl11t!l , !:nvJron~ntlll Dwcl:Jp:vnc DivIsion ot Land US~ ~~na~~nt ncCGPoeo ....... GF • ___ ... _._. •••••• REQUESI C.' rns I!.I!! 3 A" 10 07 C:Rccr:a ~E:CCR~S " E~ECTl""5 KIIIO CCUflTY. WASH. r':ed for rr:=rd ,;u: the ld1tOC$c of: R. E . .sTU TH aetum co: L.atJd U#d 1t,,1I':.lgtt=enc Dlv. W2J S .. I:ing Co. Cor.'rdtol::ld S., .. tt10, W.ss.11r.1:G:t 9.104 ~eG'~ DESCRIPTIO!' £l'.Jail1od .and iJPptovad tbiS:.7tf d.l~ of A4~=,z'" . ~. &.5 ~:;. ~ " .,' / ~,--.c~ .• t 42 .1 6z7.~d# - Gtr;:.1rt~~C of P~Jic :trul:$ . ?,H CX.JeJned ')nd oI;provcd chJ. Z '7 d.i!1 of w~ 'HE e:~.S'-:-iALF" OF=" THE: f-JORTM··.· ... ·;.;~, -:: ... :.!.RTE:R O~ ,HE: NORTHvvEST ::;'.....'~.;:.(I·r=-l ... ::>F THE: '::;OUTH=: • .o,ST -,?UART::'R :iF ...==:c..'-ION 13".J '-Ot"/}..J SH lP 2..'=' l-.J OR--rHJ [./. 1 11 75" R...:.. t~-l GC:: :s-:::'A,sT; -. .-/. K-1 N Y ... U'! ~ COUN'" .... :..-::SS T~::-1":::iR"'-H .,30 F=::::"'T F-:;·:'"<: .. -."' ,-:.. .-.,;.... Map on Fill! In VOLiIl "":: . -.. ---- 'L-=-=. --.""-, . • ~:. --:: .... :::: .... ; tf " _ ... - .. First American Title I ~ _._~J • -First American Title I I j I\HCl.ARATI<Xi: Know 0.11 mon by tuCStl prUBontH that we, the undorsigned, 1)\\110"(8) 1n !r;o simple f nnd COl\tro.~t purchnsor(a)lof the land bQ~in describetl dCl hcrcui' ma.'te a. short subdivision thereof purSuRDt to ROI 58.17.000 Ilnd doclllre this short pillt to be the ,Grapblc reprcGontution at 8run<t. and ttlilt said sbort subdlv13l0n 1s mndc W1th tho trae 4;on8oot and 111 accordance wItIl the deslr~ of the ow~cr(s). In witness whereot we btl"!! sct our h~n<l9 and. seals. /ftde/&jM/ ~:um c.:kbJ~d' sI!tu;:L """'" ~:lJrt9' NAma ~T'\T' Of W,\SUt:lGIO:1./ i u. Cou:u;sr or K~ On thIs rl3y person.:lll!l dP~arsrl betore-trl c~ <0 .. I<n"'" <0 bo <110 individ ... l 4o-H~?'id in .r.ho c.ceutod <11. within Dod 'or ... ,n. It',.!f:::w::cnt', "nd dc:kncwlcc1gt'd that 8il]nod tha $lJD! d:I JJ.~ Free .we! ':."O!L:.:::olry dee 4nc1 ceod, fo~ the USd# dnd p~rpose~ hcreJn =entJoned. GIVEN lllJt!ar C!J h4lld ":'II! otEJr:i.)j se"l ehb £rtdiSY at Y~{."".J9..lf!. ... --.-:. -'?2;?"oe .. <,,-, .go ~ "OIU1C-5.' oE _____ _ • .. ·a~rv Public in .lnd (or tho SC.l:e or Io'.tshin",tan .. residing .l~ __ '-- ~m< ~o r:IO icr.ClIn co bft the indJvldUltJ dcaerJ.bool 1n Md who (uroc:ue~ tho IIletun _.J (O:Ct.PHIIJ I~$=n=".ctllt:, o!nd :It:.knowlcdgcd ehiJt -~J.gncttf tho :/lU:V a!J t:co Ant! volt:.'l::':ry .)c:t ~nd dcOJu .. ,,-v. t";~ ~-d ~rJ ...... .,.,-:0:.. "l:erc~_ =enc.:!c::lod'. GI VE!i WIder t!lJ lIc1/'4d and olflciitJ :;cal th!:l __ d.2!1 o! ______ _ l. __ _ Short Plat :lurrboT 57/"rOOa tIO"&!! PublJ.r: .til lind £Qr eho Se4CIJ of.. .~n:Jtcn. :~:ljdinfl ole OLE First American Title '. 'First American Title ~'-. I &S.77~ I 6.T....,-, . ..! l, I "l " ~ \l It) IJ c, "l ' -, ~ '" o<! " , ~ !oJ ~ ., " ., " !,. I.j~ , oJ al "I ,"{" .~ , '0 $ , ~ ~ 1. >< f-~ !> • U ,~ , Id '.j ~ , " ~ '., ~"1 '" \, ~ rz: ., , 3 ." ~ I-.. :<\ ., -. ~ " , ~ ~ ~; ~ ~ I:l '. , ,:or -j ~ " Id :( " '" w OJ ~ <: 'l J J ~ ) !oJ I ($~ •• 69 ':r , 6500'-: • Mop on Fila In Vaull N . ~i""'i.n, 'vI,_. ___ J.I--- S~lctl' I':::' 100 ' '.-. -_ 1';'0 aoo .~-. -,-.:= •. ~.-- 51,0.0 Ph. No •• __ 5:::..,7:..:4:.0.:.,:O::::2.=-__ _ First American Title • -First American Title -.'.- ~~1 !! " ~ ~ : . ~" U~ ~!I! ~~ ::l!l g ~ _w % ~: ~g ~ ~ ~~ ~~ ~ 20 : !I! 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