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Home My WebLink AboutMiscSUPPLEMENT NO. 1 CHICAGO TITLE COMPANY OF WASHINGTON Aron Golden Conner Homes Title Officer: Commercial / Unit 6 Property: Greenleaf-Larosa WA 846 108th Ave. NE, Suite 202 Bellevue, WA 98004 Borrower(s): Greenleaf-Larosa LLC, a Washington Limited Liability Company Order No.: 0035887-06 The above numbered report with an Effective Date of May 29, 2015 including any supplements or amendments thereto, is hereby modified and/or supplemented in order to reflect the following: The effective date is amended as follows: The Effective Date of March 22, 2015 is hereby amended to be: May 29, 2015 at 08:00 AM The following items/notes have been changed on your report: ITEMS: 4. General and special taxes and charges, payable February 15, delinquent if first half unpaid on May 1, second half delinquent if unpaid on November 1 of the tax year (amounts do not include interest and penalties): Year: 2015 Tax Account No.: 322305-9123-03 Levy Code: 2128 Assessed Value-Land: Assessed Value-Improvements: General and Special Taxes: Affects: Parcel A $276,000.00 $96,000.00 Billed: $4,830.97 Paid: $2,415.49 Unpaid: $2,415.48 7. General and special taxes and charges, payable February 15, delinquent if first half unpaid on May 1, second half delinquent if unpaid on November 1 of the tax year (amounts do not include interest and penalties): Year: 2015 Tax Account No.: 322305-9344-06 Levy Code: 2128 Assessed Value-Land: Assessed Value-Improvements: General and Special Taxes: Affects: Parcel B Supplemental SSCORPD5190.doc / Updated: 10.30.14 $140,000.00 $0.00 Billed: Paid: Unpaid: $1,820.16 $910.08 $910.08 Page 1 Printed: 06.04.15 @03:22 PM by MH -0035887.06 SUPPLEMENTAL (continued) 8. General and special taxes and charges, payable February 15, delinquent if first half unpaid on May 1, second half delinquent if unpaid on November 1 of the tax year (amounts do not include interest and penalties): Year: 2015 Tax Account No.: 322305-9273-01 Levy Code: 2128 Assessed Value-Land: Assessed Value-Improvements: General and Special Taxes: Affects: Parcel C $88,000.00 $170,000.00 Billed: Paid: Unpaid: $3,357.23 $1,678.62 $1,678.61 9. General and special taxes and charges, payable February 15, delinquent if first half unpaid on May 1, second half delinquent if unpaid on November 1 of the tax year (amounts do not include interest and penalties): Year: 2015 Tax Account No.: 322305-9148-04 Levy Code: 2128 Assessed Value-Land: Assessed Value-Improvements: General and Special Taxes: Affects; Parcel D $82,000.00 $0.00 Billed: Paid: Unpaid: $1,070.57 $535.29 $535.28 16. General and special taxes and charges, payable February 15, delinquent if first half unpaid on May 1, second half delinquent if unpaid on November 1 of the tax year (amounts do not include interest and penalties): Year: Tax Account No.: Levy Code: Assessed Value-Land: Assessed Value-Improvements: General and Special Taxes: Affects: Supplemental SSCORPD5190.doc / Updated: 10.30.14 2015 662340-0054-01 2128 $447,900.00 $0.00 Billed: Paid: Unpaid: Parcel E $5,799.60 $2,899.80 $2,899.80 Page2 Printed: 06.04.15 @ 03:22 PM by MH -0035887-06 SUPPLEMENTAL (continued) For title inquiries, please contact the issuing office: Chicago Title Company of Washington 701 5th Avenue, Suite 2300 Seattle, WA 98104 Supplemental Date: June 4, 2015 Countersigned By: Authorized Officer or Agent Supplemental SSCORPD5190.doc / Updated: 10.30.14 Page 3 Phone: (206)628-5610 Fax: (206)628-9717 Email: CTISEATitleUnit6@ctt.com Printed: 06.04.15@ 03:22 PM by MH -0035887-06 SUBDIVISION Guarantee/Certificate Number: Issued By: @CHICAGO TITLE INSURANCE COMPANY 0035887-06 CHICAGO TITLE INSURANCE COMPANY a corporation, herein called the Company GUARANTEES Greenleaf-Larosa LLC, a Washington Limited Liability Company herein called the Assured, against actual loss not exceeding the liability amount stated in Schedule A which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. LIABILITY EXCLUSIONS AND LIMITATIONS 1. No guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. 2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurance herein set forth, but in no event shall the Company's liability exceed the liability amount set forth in Schedule A. Please note carefully the liability exclusions and limitations and the specific assurances afforded by this guarantee. If you wish additional liability, or assurances other than as contained herein, please contact the Company for further information as to the availability and cost. Chicago Title Company of Washington 701 5th Avenue, Suite 2300 Seattle, WA 98104 Countersigned By: Authorized Officer or Agent Subdivision Guarantee/Certificate Page 1 Chicago Title Insurance Company By: Attest: President Secretary Printed: 03.30.15@01:23 PM WA-CT-FN SE-02150.6224 76-S PS-1-15-0035887-06 CHICAGO TITLE INSURANCE COMPANY GUARANTEE/CERTIFICATE NO. 0035887-06 Liability $1,000.00 ISSUING OFFICE: Title Officer: Commercial I Unit 6 Chicago Title Company of Washington 701 5th Avenue, Suite 2300 Seattle, WA 98104 Main Phone: (206)628-5610 Email: CTISeaTitleUnit6@ctt.com SCHEDULE A Premium $350.00 Effective Date: March 22, 2015 at 12:00 AM The assurances referred to on the face page are: Tax $33.25 That, according to those public records which, under the recording laws, impart constructive notice of matter relative to the following described property: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF Title to said real property is vested in: Greenleaf-Larosa, LLC, a Washington Limited Liability Company subject to the matters shown below under Exceptions, which Exceptions are not necessarily shown in the order of their priority. END OF SCHEDULE A Subdivision Guarantee/Certificate Page 2 Printed: 03.30.15 @01:23 PM WA-CT-F N SE-02150. 6224 76-S PS-1-15-0035887-06 Parcel A: EXHIBIT "A" Legal Description The South Half of the Southeast Quarter of the Northeast Quarter of the Southwest Quarter of Section 32, Township 23 North, Range 5 East, Willamette Meridian, in King County, Washington; Except the West 240 feet of the East 270 feet of the South 120 feet thereof; and Except the West 125 feet of the East 155 feet of the North 15 feet of the South 135 feet thereof; and Except the North 83.5 feet thereof; and Except the East 30 feet thereof as conveyed to King County for road purposes by deed recorded under recording number 791759:and Except that portion thereof conveyed to the State of Washington by warranty deed recorded under recording number 7208240314. Parcel B: The South 16.50 feet of the North Half of the Southeast Quarter of the Northeast Quarter of the Southwest Quarter of Section 32, Township 23 North, Range 5 East, Willamette Meridian, in King County, Washington; Except the East 340 feet thereof; and The North 83.50 feet of the South Half of the Southeast Quarter of the Northeast Quarter of the Southwest Quarter of said Section 32; Except the East 340 feet thereof. Parcel C: The West 150 feet of the East 340 feet of the South 16.50 feet of the North Half of the Southeast Quarter of the Northeast Quarter of the Southwest Quarter of Section 32, Township 23 North, Range 5 East, Willamette Meridian, in King County, Washington; and The West 150 feet of the East 340 feet of the North 83.50 feet of the South Half of the Southeast Quarter of the Northeast Quarter of the Southwest Quarter of said Section 32. Parcel D: The East 190 feet of the South 16.50 feet of the North Half of the Southeast Quarter of the Northeast Quarter of the Southwest Quarter of Section 32, Township 23 North, Range 5 East, Willamette Meridian, in King County, Washington; and The East 190 feet of the North 83.50 feet of the South Half of the Southeast Quarter of the Northeast Quarter of the Southwest Quarter of said Section 32; Except the East 30 feet thereof conveyed to King County for road purposes by deed recorded under recording number 791759; and Except that portion thereof conveyed to the State of Washington by warranty deed recorded under recording number 7206210426. Subdivision Guarantee/Certificate Page 3 Printed: 03.30.15@ 01 :23 PM WA-CT-F NSE-02150.6224 76-SPS-1-15-0035887-06 Parcel E: EXHIBIT "A" Legal Description Lot A of City of Renton Lot Line Adjustment No. LUA-14-000190-LLA (Panther Lake), recorded under recording number 20140905900012, in King County, Washington Subdivision Guarantee/Certificate Page4 Printed: 03.30.15@01:23 PM WA-CT-FN SE--02150.6224 76-S PS-1-15--0035887-06 CHICAGO TITLE INSURANCE COMPANY SCHEDULE B Subdivision Guarantee/Certificate Page 5 GUARANTEE/CERTIFICATE NO. 0035887-06 Printed: 03.30.15@ 01:24 PM WA-CT -FN SE-02150. 6224 76-S PS-1-15-0035887-06 CHICAGO TITLE INSURANCE COMPANY GUARANTEE/CERTIFICATE NO. 0035887-06 SPECIAL EXCEPTIONS The following matters affect Parcel A: SCHEDULE B (continued) 1. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No.: Affects: Puget Sound Power & Light Company Electric transmission and/or distribution system January 23, 1979 7901230675 The North 5 feet of the East 200 feet of said premises 2. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Puget Sound Energy, Inc., a Washington corporation Purpose: Recording Date: Utility systems for transmission, distribution and sale of gas and electricity December 31, 2014 Recording No.: 20141231000757 Affects: As constructed or to be constructed over Parcel A 3. Covenant relating to maintenance of road approach contained in deed: From: To: Recorded: Recording No.: George F. Lansing and Dorothy Lansing State of Washington August 24, 1972 7208240314 4. General and special taxes and charges, payable February 15, delinquent if first half unpaid on May 1, second ha~ delinquent if unpaid on November 1 of the tax year (amounts do not include interest and penalties): Year: 2015 Tax Account No.: 322305-9123-03 Levy Code: 2128 Assessed Value-Land: Assessed Value-Improvements: General and Special Taxes: $276,000.00 $96,000.00 Billed: $4,830.97 Paid: $0.00 Unpaid: $4,830.97 The following matters affect Parcels B, C and D: 5. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording Nos.: Affects: Subdivision Guarantee/Certificate Soos Creek Water and Sewer District, a municipal corporation Water line(s) and appurtenances July 17, 1992 9207171283 and 9207171284 A strip of land 10 feet in width lying within Parcels B, C and D Page6 Printed: 03.30.15@01:24 PM WA-CT -F NSE-02150 .622476-SP S-1-15-0035887-06 CHICAGO TITLE INSURANCE COMPANY GUARANTEE/CERTIFICATE NO. 0035887-06 SCHEDULE B (continued) 6. Covenant relating to maintenance of road approach contained in deed: From: To: Recorded: Recording No.: Affects: Albert Huvinen and Maxine Huvinen, his wife State of Washington June 21, 1972 7206210426 Parcel D 7. General and special taxes and charges, payable February 15, delinquent if first half unpaid on May 1, second ha~ delinquent if unpaid on November 1 of the tax year (amounts do not include interest and penalties): Year: 2015 Tax Account No.: 322305-9344-06 Levy Code: 2128 Assessed Value-Land: Assessed Value-Improvements: General and Special Taxes: Affects: Parcel B $140,000.00 $0.00 Billed: Paid: Unpaid: $1,820.16 $0.00 $1,820.16 8. General and special taxes and charges, payable February 15, delinquent if first half unpaid on May 1, second half delinquent if unpaid on November 1 of the tax year (amounts do not include interest and penalties): Year: 2015 Tax Account No.: 322305-9273-01 Levy Code: 2128 Assessed Value-Land: Assessed Value-Improvements: General and Special Taxes: Affects: Parcel C Subdivision Guarantee/Certificate $88,000.00 $170,000.00 Billed: Paid: Unpaid: $3,357.23 $0.00 $3,357.23 Page? Printed: 03.30.15@01:24 PM WA-C T-F NSE-02150. 6224 76-SPS-1-15-0035887-06 CHICAGO TITLE INSURANCE COMPANY GUARANTEE/CERTIFICATE NO. 0035887-06 SCHEDULE B (continued) 9. General and special taxes and charges, payable February 15, delinquent if first half unpaid on May 1, second ha~ delinquent if unpaid on November 1 of the tax year (amounts do not include interest and penalties): Year: 2015 Tax Account No.: 322305-9148-04 Levy Code: 2128 Assessed Value-Land: Assessed Value-Improvements: General and Special Taxes: Affects; Parcel D $82,000.00 $0.00 Billed: Paid: Unpaid: $1,070.57 $0.00 $1,070.57 The following matters affect Parcel E: 10. Covenants, conditions, restrictions, recitals, reservations, easements, easement provisions, dedications, building setback lines, notes, statements, and other matters, if any, but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth on: City of Renton lot line adjustment #LUA-14-000190-LLA Recording No: 20140905900012 11. Covenant relating to maintenance of road approach contained in deed: From: To: Recorded: Recording No.: Raymond E. Deacy and Elva K. Deacy, his wife State of Washington April11,1972 7204110301 12. Covenant relating to maintenance of road approach contained in deed: From: To: Recording Date: Recording No.: Gladys L. Greer, as her separate estate State of Washington April 11, 1972 7204110302 13. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Purpose: Ingress, egress and utilities Recording Date: August 9, 2012 Recording No.: 20120809000865 Affects: A portion of said premises lying within a strip of land 20 feet in width as described and delineated in document Subdivision Guarantee/Certificate Page a Prinled: 03.30.15@ 01:24 PM WA-CT-FNSE-02150.6224 76-S P S-1-15--0035887-06 CHICAGO TITLE INSURANCE COMPANY GUARANTEE/CERTIFICATE NO. 0035887-06 SCHEDULE B (continued) 14. Easement(s) for the purpose(s) shown below and rights incidental thereto. as granted in a document: Granted to: Puget Sound Energy, Inc., a Washington corporation Purpose: Recording Date: Utility systems for transmission, distribution and sale of gas and electricity December 31, 2014 Recording No.: 20141231000757 Affects: As constructed or to be constructed over Parcel E 15. Notice of On-Site Sewage System Operation and Maintenance Requirements and the terms and conditions thereof: Recording Date: Recording No.: July 19, 2013 20130719001046 16. General and special taxes and charges, payable February 15, delinquent if first half unpaid on May 1, second half delinquent if unpaid on November 1 of the tax year (amounts do not include interest and penalties}: Year: Tax Account No.: Levy Code: Assessed Value-Land: Assessed Value-Improvements: General and Special Taxes: Affects: 2015 662340-0054-01 2128 $447,900.00 $0.00 Billed: Paid: Unpaid: $5,799.60 $0.00 $5,799.60 Parcel E 17. An oil and gas lease with certain terms, covenants, conditions and provisions set forth therein. Dated: Lessor: Lessee: Recording Date: Recording No.: Affects: April 3, 1967 Raymond E. Deacy and Elva K. Deacy, his wife J. Q. Anderson April 26, 1967 6167523 a southerly portion of Parcel E, and other property The following matters affect all Parcels: 18. A deed of trust to secure an indebtedness in the amount shown below, Amount: Dated: Trustor/Grantor: Trustee: Beneficiary: Recording Date: Recording No.: Subdivision Guarantee/Certificate $5,950,090.00 October 7, 2014 Greenleaf-Larosa LLC, a Washington Limited Liability Company Chicago Title Insurance Company Umpqua Bank October 14, 2014 20141014001092 Page 9 Printed: 03.30.15@01:24 PM WA-CT -F NSE-02150 .622476-SP S-1-15-0035887-06 CHICAGO TITLE INSURANCE COMPANY GUARANTEE/CERTIFICATE NO. 0035887-06 SCHEDULE B (continued) Note FOR INFORMATIONAL PURPOSES ONLY: The following may be used as an abbreviated legal description on the documents to be recorded, per Amended RCW 65.04.045. Said abbreviated legal description is not a substitute for a complete legal description within the body of the document: Portion NE SW of Section 32-23-5; and Lot A of City of Renton LLA #14-000190. Tax Account Nos.: 322305-9123-03, 322305-9344-06, 322305-9273-01, 322305-9148-04 and 662340-0054-01 Note: Any map furnished with this Commitment is for convenience in locating the land indicated herein with reference to streets and other land. No liability is assumed by reason of reliance thereon. END OF SCHEDULE B Subdivision Guarantee/Certificate Page 10 Printed: 03.30.15@ 01 :24 PM WA-C T-F NSE-02150.6224 76-SPS-1-15-0035887-06 , I '! PUGET POWER EASEMENT For and In coRBiderotian oI One Oollor [$1,l)(l) and otbar valuablll wn1dd8l'allon, the receipt a[ which l& hore\i:y eOOIClwl~, --------------------c~-~------- GEORGB F. LANSING and OORO'l'HY LANSING, his wife, f'GnmlW" betelnJ, hereby arent&.i::onveya and wananla kl PUGET SOUND POWER & LIGHT COMPANY, a Wll8h1DilDn c;orporatlon {''Grant8(1" herein), tar lhe purp01811 hentinafter aet forth, a furpetual easement over, acroes end under the following described reel property (the "Property" herein) in K ng County, Wuhlngton: '!he SOuth 1/2 of the SOutheast 1/4 o£ the N:irtheast 1/4 of the Southwest 1/4 of sect.ion 32, 'lamslrl.p 23 l-brth, Range 5 F.ast, W.M., King O;iunty, Washington; EJ«:EPr the west 240 feet of the east 270 feet of the routh 120 feat thereof; and EXCEPT the W!:!St 125 feet of the east 155 feet of the north 15 feet of ~ south 135 feet there:)£; and EltCEPT the north 83.5 feet thereof: and El<C1'!P'J' tm 0ast 40 feet thereof. Exe.Ip! at iney be olherw!ee ael forth hen,ln Gnmlea'a rights ahail be axercl.1111d upon thRt portion of 1h111 Properly [the .. Rlshl-af-Way'' herein) dlllllribed u lollOW11: •, Rr.i.t of •.;a., feat In 111dd1 l1a;lug ------=mrmm:trwidili Oil iiiklli Ilda ·-'Ihe oorth 5 feet of the east 200 feet of the ab:Mal described proparty. (In the event said construction conflicts with Grantorts future development, Grantee agrees to relocate said facilities to a mutually aatisfactory location on Grantor's land. Said relocation to be at Grantor's sole cost and expense.) FILED F{:'~ w:-CORD AT REQUEST OF: PUGET ro·, .. ..-rn REAL laSl'A~£ DIVISION PUGET POW!ffi EILDG. eeu.ewE. WASHINGTON 98009 A'ITENnON: GEORGE LERTKANlTnlAM 1 % EXCISE TAX NOT REQUIRED King Co. ffoccr;is Division Pi9,.J~ ........ Deputy 1. PmpoHJ. Granlae ehell have the fl&hl to c1:metruc1, op11ral11, melntein, rupair, replaoo 11nd enlarge one Ol' more elec1ric l:l:Bn5I11illlion and/or distr1bullon ]Ina over and/or under lhe Rlshl-of-Way together wilh all oecassary or con- venelenl appurt~•Ll.nr.:e& kelO. which ma)' tndude but are IJOI llmlled lo the Iollowlna: a. OverllDad fadl.ldns.. Polea and/or loWi!r& wllh aosaarma, brace1, guy& and anchor&; eUlt:ltric lfanlmlsslon end dialrib\11\on llnea; CDI11munlcatlllfl end signal ltnea: lf8119formora. b. lln~d f,dlitlell. Und11rgro11nd condulle, Ollb199, vaullll, numholEII, switches and 1ransformer&: 1111ml· bur1ad or ground mounted fecllitin such u pads, transformen and IWltchaB. Followintt the inlUal romtruction of 111 facil!Ues, Cr11nlae may from lime 10 llme rot111lnJCI euch additional llnu end olher facilities u ii mey raqulra. Z. A«:ea. Grantee 1hall b&vo the right of 11eoos11 to !he RlHhL-of.Way OY&r IIJld acroat Iha Proparty lollnRhleGrt1nlee to e:icerci911 LIii rlght!I hereundor, pl'Ol'lded. that G1'1mtee Milli COtnpenllllle Gn.nlor fo:r any damll89 to the Property cauaed by lhe exen;l68 o[ 911Jd I"i$hl of acoou. 3. Cut11rls ofTnte1. Gran1ee sl111U hovo the right lo cul or lrlm eny ond all bruah or tl'OOR standlne or growtns upon the Rls}lt-of.Wa)', and also tho rls\11 lo cul or trim nny lreea upon Iha Propert)' wllloh, in foiling. could. In Crantee'1 NlDIOnab!e Ju.Jsmont. be a hazard to Granloe'a facllHle&. 4. Grantor'1 U.e of Jttsbt-ol'..Way. Granlor r1111erves the rlshl lo uee lhe Righl-1JI·Way for any purpose not lnamsialenl wllh the righte hernln granted, provided. !hat Grantor ahsll not ootull'llcl or molnlaln any build.Ins or other elrutture on the Ri,hl-oF-Wuy end Grolll()I' shall do no blaallnJj within 300 feel of GmnlBfl't lacl.litlea wtlhoul Granlee'a prior written con-_,_ ~. lAdi,mnlty. By &t:CEl})lil'l!I and rui:ordlng Ihle e111111menl, Grlilltee agrees tolndemnlly and hold harmlefl9 Granlor from any and oil clehn1 tor damogoe !Uflered by any person which may be ceuaed by Gran!ee'a wmcl.te of Iha t!Shls herein gr1t111ed, provided, lhal Cl'llntee ahel! nal be re11ponslble lo Gr1mtor for any damaga ruul!lns from ln/urle, to any par.11;1n cauaad by 11c~ or omit11rio1111 of Granlor. e. Abandonnent. The rf8hll herein granted •hall conlinu11 until 1uch time as Grantf:ta c:.uee to un the Righi-of-Way for a period 0£ flvo ts} IUCC8Mlve )'IIDl':I, In whlch evenl thie easement lho.11 tarminete 11nd all tl&hts hereundar ah11ll 1'8Vert to Gran1or. provided. that no abandonment 1ho\l ba deemed to have oa:.:urred by rell30n of Grantee'• failure to lnltlall~ ln- elall Ill f11Cilillee. on the Right-of-Way wlthln any period o{ time from 1he d11te heNJOf, R-945 l(J/33 02S229 235/U7 ~-n f .i ,. ' ·I ' 0 q " 1. Sue_, and AM1p11. The 1lsht1 and obllgaUOJ11 of the parties the.II inure to the benefit of tllld be btndlns upon lhelr rnpecllve sUCCl!IIIOl'R and aulgn&. /<:?'I DATBDthil SH:. dayof bJt.'1.~(ll!,L. ,1921l_. GRANTOR BT ATE Of WASHINGTON } SB COUNTY OF King Onlhl.!ldaypanionallyappearedbef01'8me George F end Dorothy Iene:lng to ma known to be the lndlvidual..B. dem:lbed ID IIDd who eucu.led the wUhln and for•i!tl(l lnatnanent, and llclcnowl- adged that th9¥ algned the 11111U1 u tbe1 r fri:,e and voluntary act and deed lot lhe uaes and purpoaes ilionrinmmtioo,d A4e-J<t&-A') • ~~ the Stale ofWuhlngloll, residfna at STATE OP WASHINGTON COUNTY OF } 88 ' f,L, ,@'0?/ On thi, day personally appeared before me --------.---------~--, to me kn~ to be Iha incliv\dual_ deacrl.bnd In and who eiceculed the within and lorqol1111 iTIIIITumant. lllld adcnowl- thal signed lhe :tame II free and voluntary act and deed for the llH!I end plllJI0586- lhareln mlffitioned. GIVEN under my hand and official a11al this ____ day of--------•"--· STATE OF WASlilNGTON COUNTY OF } ss Nolaty Publlc in and for tha State of Waahln,ton, relidilllf al On tb1s day ol---------• 19 __ , before me, the undemsned, pe.-.onally appeared md _____________ _ \Cl ma known Co be,:he--------md-------, reapectlV'l!!y, o! the OOfJl(lrBtlOn thllt 8l1Mlllllld lrul foregotnc l11Btru111en1, and acknowledged the Hid ln&trumanl to be lhe free and voluntary act and deed of ,aid i::wporadDn, for Iha 1IHII and purpo1111 thmllln mendonmil. and on 0111h1tatad lhat authorl;ed lo e:icecuta tha said tmtrumanl and !hat the 4etll affixed 11 Ilia corporate 1eal ol Mid eorpo_ratlo!L WltMSt my hJnd and ofndal seal here\11 affixed Iha day and year flrat ebove wr111en. Notary Publlcln llfld (or the Blata ofWuhlngton,l"llllldtn, al JAN 23 JI 13 AM '7S -----\ ' -~-~--- . " ,. -~1!1~1~1111111111111 20141231000757 RETIJRN ADDRESS: PUGET SOUND EN EAS 7'.98 Puget Sound Energy, Inc. Attn: ROW Department (AEM) PO Box 9703'1 / EST .O&W Bellevue, WA 99009.973,1 + PUGET SOUND ENERGY REFERENCE #: PAGE-401 OF ee4 l2/31/Z814 1Z:e7 KING COUNTY, UR EASEMENT GRANTOR (Owner): GREENLEAF-LAROSA, LLC. GRANTEE (PSE): PUGET SOUND ENERGY, INC. EXCISE TAX NOT REQUIRED King County Records Dfision _ By 111.J.... 13,~uty ORIGINAL SHORT lEGAl: Portion of SW 114, Sec. 32, Twp. 23 N. Rng. 05 E., W.M., K.C. ASSESSOR'S PROPERTY TAX PARCEL: 662340.0054, 322305-9132 2014123100075 7 .001 For and in consideration of good and vatuable consideration, the receipt and sufficiency of which are hereby acknowledged, GREENLEAF-LAROSA, LLC., a Washington limited liability company iOWner" herein), hereby grants and conveys to PUGET ·soUND ENERGY, INC._, a Wasllington corporati·on iPSE" herein), for the purposes desaibed below, a nonexdusive pe,petual easement over, under, along across and through the following described real property (the "Property" herein) in King County, Washington: SEE EXHIBIT "A" ATTACHcD HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Except as may be othO!Wise set forth herein PSE's rights shall be exercised upon that portion of the Property ("Easemerit Area" herein) described•• follows: EASEMENT No. 1: Au. STREETS AND ROAD RIGHTS-OF-WAY (BOTH PRIVATE AND PUBLIC) AS NOW OR HEREAFTER DESIGNED, Pl.A TTED, ANDIOR CONSTRUCTED WITHIN THE ABOVE DESCRIBED PROPERTY. (WHEN SAID STREETS AND ROADS ARE DEDICATED TO THE PUBLIC, THIS CLAUSE SHALL BECOME NULL AND VOID.) EAsEMENT No. 2: A STRIP OF LAND 10 FEET IN WIDTH ACROSS ALL lOTS, TRACTS AND OPEN SPACES LOCATEO WITHIN THE ABOVE DESCRIBED PROPERTY BEING PARALLEL TO AND COINCIDENT WITH THE BOUNDARIES OF SAID PUBLIC STREETS ANO ROAO RIOHTS-OF-WAY. EASEMENT NO. 3: A STRIP OF LAND 5 FEET IN WIDTH ACROSS ALL LOTS, TRACTS AND OPEN SPACES LOCATEO WITHIN THE ABOVE DESCRIBED PROPERTY BEING PARALLEL TO AND COINCIDENT WITH THE BOUNDARIES OF ALL ALLEYWAYS AND PRIVATE DRIVES, EASEMENT NO. 4: AH EASEMENT OVER THE ABOVE DESCRIBED PROPERTY FOR VAUI. TS, PEDESTALS AND RELATED FACIUTIES ("VAULT EASEMENTS") ADJACENT TO EASEMENT AREA NO. 3 •. THE VAULT EASEMENT MAY OCCUPY UP TO AN ADDITIONAL 5 FEET l>I WIDTH (FOR A TOTAL WIDTH OF 10 FEET) WITH THE LENGTH OF EACH VAULT EASEMENT EXTENDING 5 FEET FROM EACH END OF THE AS-GUILT VAUL T(S). 10'-5'-5' Plat Easement 2013 WO# 101091360 I 105078395 / 107049341 I RW.Q90721 / Greanleaf Page 1 of 4 EAsEIIENT No. 5: THE EASEMENT AREA FOR OVERHEAD FACILITIES IS LIMITED TO THE EAST 10 FEET OF THE ABOVE DESCRIBED PROPERTY, 201412310007:57 .002 1. Purpose. PSE shall have the right to use the Easement Area to construe!, operate, maintain, repair, replace, improve, remove, upgrade and extend one or more utility systems for pulJ)OSeS of transmission, distribution and sale of gas and electricity. Such systems may Include, but are not limited to: Underground facilities. Conduits, lines, cables, vaults, switches and transformers for electricity; pipes, pipelines, mains, laterals, conduits, reguators, gauges and rectifiers for gas; fiber optic cable and other lines, cables and facllltles for communlcaHons; semf-burled or ground-mounted facillties and pads, manholes, meters, fixtures, attachments and any and all other facllltles or appu'lenancas necessary or convenient to any or all of the foregong. Overhead facilities. Poles and" Olher support structures. with crossarm&, braces, guys and anehors; electric transmission and distriJution lines; fiber optic cable and other lines, cables and facili'des for communications; transfonners, street lights, meters, fixtures, attachmen1s and any and all other faciities or appurtenances necessary or convenient to any or all of the foregoilg. Following the initial construction of all or a portion of Its systems, PSE may, from time to time, construct such addltional facillties as It may require for such systems. PSE shall have the right of access to the Easement Alea over and across the Property to enable PSE to exercise Its rights granted in this easement. 2. Easement Area Clearing and Maintenance. PSE shall have the righ1, but not the obligation to cut, remove and dispose of any and all brush, trees or other vegetation in the Easement Area. PSE shall also have the right, but not the obligation, to control, on a continuing basis and by any prudent and reasonable means, the establishment and growth of brush, trees or other vegetation in the Easement Area. 3. Trees Outside Easement Area. PSE shall have the right to cut, trim remove and dispose of any trees located on the Property outside the Easement Area that could, in PSE's sole judgment, interfere with or create a hazard to PSE's systems. PSE shall, except in the event of an emergency, prior to the exercise of such right, identify such trees and make a reasonable effort to give Owner prior notice that sud, trees will be cut, trimmed, removed or disposed. owner shall be entitled to compensation for the actual marl<et value of merchantable timber (if any) cut and removed from the Property by PSE. 4. Restoration. Following initial installation, repair or extension of its facil~ies, PSE shall, to the extent reasonably practicable, restore landscaping and surfaces and portions of the Property affected by PSE's wort< to the condition existing immediately prior to such wort<, unless said work was done at the request of Owner, in which case OWner shall be responsible for such restoration. All restoration which is the responsibility of PSE shall be perfonmed as soon as reasonably possible after the completion of PSE's work and shall be coordinated with Owner so as to cause the minimum amount of disruption to Owners use of the Property. 5. Owner"& Use of Easement Area. Owner reserves the right to use the Easement. Area for any purpose not inconsistent with the rights herein granted, provided, however, Owner shall not excavate within or otherwise change the grade of the Easement Area or construct or maintain any buildings or strudures on the Easement Area and Owner shall do no blasting within 300 feet of PSE'a facilities without PSE's prior written consent. 6. Indemnity. PSE agrees to Indemnify OWner from and against llablllty Incurred by Owner as a result of the negligence of PSE or Its contractors In the exercise of the rights herein granted to PSE, but nothing herein shall require PSE to Indemnify OWnar for that portion of any such liability attributable to the negligence of Owner or the negligence of others. 7. Tonnlnation. The rights herein granted shall continue until such time as PSE tenmlnales such right by written Instrument. If terminated, any improvements remaining in the Easement Alea shall become the property of Owner. No tennination &han be deemed to have occurred by PSE's failure to install its systems on the Easement Alea. 10'-5'·5' Plal Easement 2013 WO# 10109136011050763951107049341 / RW~07211Greanleaf Page 2 of4 I 20141231000757 .003 8. Successors and Aeslgns. PSE shell have the right to assogn, apportion or otherwise transfer any or an ol Its rights, benefits, privileges and interests arising in and under this easement. Without limiting the generality of the foregoing, the rights and obligations of the parties shal be binding upon their respective successors and assigns. DATEDthis.M.._dayof l:f~ . 20.LA..... OWNER: STATE DF WASHINGTON ) j/ _JI f'\,1 ) SS COUNTYOF~) On this ~LL~ay of D<utnw , 20,R, before me, the undersigned, a No1ary Public in end for lhe ~Washington, duly oommissioned and sworn, personally appeared CHARLES CONNER, to me known to be the person(s) who signed as of GREENLEAF-LAROSA, LLC., a Washington limited tia · ty company, the limited llabillty company that executed 1he within and foregoing instrument, and ac'lmowledged said instrument to be his free and voluntary act and deed and the free and voluntary act and deed of said limited liabillty company for the uses and purposes therein mentioned: and on oath stated that he was authorized to execute the said instrument on behalf of said limited liability company. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. SHARON L. BRENNAN NOTARY PUBLIC STATE OF WASHINGTON COMMISSION EXPIIES OCTOBER 9, 2018 10'-5'·5' Plat Eosemen1 W13 OT~mBLIC in and for the State of Washington, residing at , .l'Jyll_J < My Appointment Elcpires: / 0 / C; j l 8 WO# 101091360 / 105076395 r 1070493411 RW-0907211 ~anleal Page 3 o14 ) EXHIBIT"A" PROPERTY 1 KING COUNTY PARCEL662~ THE NORTH HALF OF THE NORTH HALF OF TRACT 6, PANTHER LAKE GAROEN TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 9 OF PLATS, PAGE 25, IN KING COUNTY, WASHINGTON; TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS, AND UTILITIES AS ESTABLISHED IN INSTRUMENT RECORDED UNDER RECORDING NUMBER 20120809000865. PROPERTY2 KING COUNTY PARCEL 322305-9123 THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; EXCEPT THE WEST 2411 FEET OF THE EAST 270 FEET OF THE SOUTH 120 FEET THEREOF; ANO EXCEPT THE WEST 125 FEET OF THE EAST 155 FEET OF THE NORTH 15 FEET OF THESOUTH135FEETTHEREOF;AND EXCEPT THE NORTH 83.5 FEET THEREOF; AND EXCEPT THE EAST 30 FEET THEREOF AS CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEED RECORDED UNDER RECORDING NUMBER 791759; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE STATE OF WASHINGTON BY WARRANTY DEED RECORDED UNDER RECORDING NUMBER 7208240314. 10'-5'-5' Plat Enement 2013 WO## 101091360 / \05076395 I 101091360 I RW.()90721 I Graanlaaf Page'4 of 4 20141231000757.004 ' • WARRANTY DEED In the Matter of State li'i91'.w411 Na, MP 3.e, tQ MP 5.15, Rent.cm Vieillity: S~ B. l9~th St, KNOW ALL MEN BY THESE PRESENTS, Tha.t the Ch,:intot S ,/-JSJ'7~' PA Ne. S--022Bl ( ) (SR No. 51.S to Carr llo•il fur and in consideration of the .SU.Tfl of tBN and N0/100-----------($10.00)----Dollan, and other valuablll (:(ltu1:l.derati.cm ;,,•rtrby coit'UE)J ond w11'1'1'11nt to the STA'tE OF W ASHitro'.OON, :t™I following detcri.bed .,.e(l.1. estate 11itu~ ated in Killg County, ffl the Suite tJf WMhi'llgton, 'to the la1'l'UI extent 4ttd purpose as if the righU herein granted ltad been acquinid under Emi'Mnt Dom4tn BtattLte of the Stith! of Waah.ington: All tb11.t portion of th• follr;ming du.ctibed. Pai:cel "A" lying Eut.-rly .gf a li1\e drawn parallel with and 40 feet Weiaterly 1ih@ meQUred ;1.t right mgle. from thie ~ttter line of SR 515 1 MP 3.87 to MP !1,15, Renton Vid.IP-ty: s. E. 19"6-th St. to C~ Road, PAB.CEL "A": Soutb b.slf of Southeut Quart.or of Northeast Quarter of S0u.th11N1St Quarter of Section 32, '.ftitnu1hip 23 North. Rarl,ge S ·Eut, W.M., il'I Kin,g Cowty, WaahingtOCJ, EiaPT t:he West. 240 feet of tbe East 270 fee.t of the Sou.th 120 fHt thenof, EX<:BPT the R'ut 125 bet of the P.:aat 155 feet ol the Nort:b 15 feet of South 13!i feet tbereof 1 EXCEPT the NoTth aJ.S fut and EXCBFT the But 30 feet tl\areaf, !t b understood and agreed that the State of Wuh:ington will reCOl1Btruct the. ui.tt.ng road approadl on the Waeterly side of said highlf'ay at or nllililr High.way Engineer'• Station '.l86+00, 11111<:b appx-oacl:t sh.i.13 be f!l8intained between the rigbc rif way line and the shoulder line of said hip,hway by the p;rantors, their hein, succ.eaai:>rs or ,11,u;Lgna. Tbe z-,:antors be.rein further g1;ant to the State IJf Washington~ or it.e: agents, the right to entar upon the grentor'a remaining lands where neceSB&.ry to co1111truct said api:aroach. Thi? lmde hare1n conveyed contain an area of , aorc. or le,u, the specific detail.r ~erning aU of which are to blil jountt within toot cmain map of definite loca.iion now of record on.d on :fUe in the ojJi.ce of the Direct01' of HigJ1wiiys ai Olympia 4nd be4Tffl9 date of a.pprot,al8-9-7l, and the center line of wbidt ls dao 11hCM1 o.f reccrd in Vol-5 of Highway Pl.at&. page. 33, re.cords of said COP.fflty, The undersigned agrees to eur:render poHe•aion of the un~d property conveyed on July 27, 1972, bu.t not prior to t'ecipt -of pa)'Dlll.t than.fore. It is undentood ami agreed thct the delhiery of this deed i$ heYeb11 tendl!1'ed m1d that the teTm8 tntd obllgotfon, hereof ,11hail TWt become binding upon ihe State oj Wa,Mngton unkM and until accepted and appraued hereon in W1'1ting frrr the Staie of W49hfngton, Department of Highways, by dia. Chief Right of Wa1,1 Apent, Do:tecl this.. .2.lth. .... day oJ ...... .:hl,ly ,_".ll12. Acttpled and. a:pprot:t'd '(..-~/-1.t._ STATE OF WASHINGTON l)iptABl'ME?ff or HJGUW'A'V • ? . "'' j . . . -·-- .. I tzndlvlc!u.al ,11clmcrw~~l\t form) St.AU OF WA.SHINlo'l'ON, --} . " CO't{nty fJf.---• ..KiJIC. .. --.. -·-·-· I, trU! u'ndenigned. a iwtcry puh!ic in ond for the St~ of W..uh.itigton. het'ebi,, re'Tti.f~ tho.t ott this .... ___ lltA-.-._day of."----~,-.-1.!H _ _. ......... -----·--....... -personally a.ppe4ted Defore me --••--•' ••••••••••••· ·-•·•--···--·-·-·------·•• ••••·----·••·---·••••U•••••-••·-----•• STATE DF WASHXNO,:ON, } "· County of----------· -- On. thU-.... _______ day of---------------··-... ·-_before me personaUy nppeared ··----------·-···--··-·····-··---·---~d-----·------·--------·--·""""••··- to me known to be the-----····---------._.a.nd,_.._, ____ -··--_ ... -------------· .... _ of th.I:! corporation that ttecu.ted the foregoing imtru:rn~t, Qnd acknowledged BOid imtrum,trttt to be the free and 00JvT1tm-y a.ct i:md dead of B4Ul cmporation, fOY the UBes mi.d pu,p:os~ therein. 'ITlffliioned., ~ on 04th. stated thaL-. __authorb:ed to ezecute sa~ imtrumfflt and that the 1eai 4ffexed ii the corporute seal of !!rid corporo.tion. Givm under my hand 4fld o:Qici41 .sca.t the da.y and yea,-iast above 'Wtif;te-n. .,. , ·····--,RiimlOF' !l'*"t/ .Pv.blic ftr. nn41or :the-Sraa o/ W~, E=ldh.ti d..-.. -··-··---··---····---·- RLBO FOR REO:)R.D AT REQUEST OF P10NEEt w.-n.. TlTLB INS. co. :m sec;oND AVSNUE SEA.TUI!. WASH. 9SHH- \ / _.}( '.' I\ " \ ' -~1 i \ "I z " ·i , :, - I .. = ' "' ! I: @ ; ~ ,. V Ii< ~ 0 ~ !"! lil I ,. " ., • >!' : ·'-2 \ I :; ~ ' -" _, ., - '· . , ~ ' .. :, ., :, :, ,, ! ,, i{ ; • l { M (lJ N " {" " {" 0 N '1l filed for Record at the request of SOOS CREEK WATER ANO SEWER DISTRICT 14616 S.E. 192nd Street Renton, Washington 98058 • • Easement No.: J2-23-5-W1022RR Project: VISTA RIDGE--Offsite Oouqlas F, Worth 1211 coral Drive West Tacoma, Washington 98466 AGREEMENT FOR EASEMENT betwe;~I:o~~R~:~i~TWA;;:eJ\ig 1s6EW;fsI:;.rI~,~J~al 'c~~~t~~n 8 ~~ l(ing county, Washington, hereinafter termed the "District11 , and DOUGLA.S F. WORTH, hereinafter termed the "Grantors", WHEREAS, Crantors are the owners of land at 100'± and 500'± West of 108th Avenue southeast and 140'.± South of Southeast 187th Street, ltigal- lY described as follows: The south 16. 50 feet of the North halt of the Southeast quarter of the Northeast quarter of the Southw~st quarter, LESS the West 150. 00 feet of the East 340. 00 feat and LESS Road (SR 515). ALSO the North BJ.SO feet of the south half of the Southeast quarter of the Northeast quarter of the Southwest quarter, LESS the West 150, 00 feet of the East 340.00 feet and LESS Road (SR 515), ALL WITHIN Section 32, Township 23 North, Range 5 East, W.M., King County, h'ashington. WHEREAS, the District requires a.n easement for a water line.(s) across Grantor's property at a location more specifically described hereinbelow; goo , rece1p o w 1c is hereby acknowledged, and in consideration of the performance by the District of the covenants, terms and conditions hereinatter sat forth, Granters hereby grant, convey and quitclaim to the District the following ease- rnent: The North 10. 00 feet of the East as. 00 feet of the West 1e2.so feet of the above-described parcels of land; AND the East 10.00 feet of the West 182.50 feet of said parcels; AND ALSO that portion of the South 10.00 feet of the East 4B4 oo feet of the above-described North 03.50 feet of the South one-hal! of the southeast quarter of the Northeast quarter of the Southwest quarter of Section 32 lying within said above-described parcels. ca·u1 Jill' tOU s~~~]H AHif.OJ :JNl}t 111/ 00:0£:n £BZH.ll0i:6 12.J/MO: IUH991?.WI Pagel of 4 I l , ·t ., ' .• .. • I I M Cl) N .-j ::; ~ j .-j -' ~ => 0 _, .. N -s ~ C .0 ~ ~ :J l = l ~ 5 ,, b ..- ' - • • - Easement No.: 32-2J-5-K1022RR Said easement is for the purpose of installing, constructing, operating, maintaining, ~emoving, repairing, replacing and using water line(s) and a~purtenances thereto, as designated above, together with the nonexclu- sive right to ingress to and egress from said portion of Grantor's prop- erty for the foregoing purposes. This easement is granted subject to and conditioned upon the fol- lowing terms, conditions and covenant2 whlch the parties hereby promise to faithfully and fully observe and perforn: L USE OF PROPERTY BY GRANTORS. The Granters shall retain the right to use the surface of the easement if such use does not interfere with installation of the water line(s). The Granters &hall not erect buildings or structures of a permanent nature on the easement. during the existence ot said easement. 2. THE DISTRICT'S USE AND ACTIVITIES. The District shall exer- cise its right under this Agreement so as to minimize and avoid, insofar as possible, damage to any private improvements on the easement herein. If any such damage occurs, the District shall repair and/or replace said improvements. J. R.&S'rORATION. The District will require the Developer to re- store Grantor's property to a condition as good as or better than the premises were prior to entry. In addition, off-site easements will require photographs to be taken prior to construction on said property to assure the completeness of restoration. 4. CONSIDERATION. The Gran tors acknowledge that part of the above-mentioned consideration is compensation for any and all damage resulting to, or resulting hereafter from the possible interference of the natural flow of surface waters, subsurface waters, and/or ground- waters by the digging on the easement. Said digging may disturb the soils composition within said easement. s. ATTORNEY'S FEES. In case suit or action is commenced against the Grantors or the successors, heirs or assigns of said Grantors, for removal of an encroachment from this easement, the Granto.rs hereby prom- ise to pay, in addition to costs provided by statute, such aum as the court may adjudge reasonable as attorney's fees therein, 6. EASEMENT TO BIND SUCCESSORS. This easement, during its exis- tence, shall be a covenant running with the land and shall be binding on the successors, heirs and assigns of both of the par.ties hereto. IMIM.J,12U799C.OOI Page 2 of 4 - I I l ,_ , . ~ I ~ • ""' l'l tl) Cl! ,.oj r- ,.oj r- J 0 N gi 5 . J , : J , , ' . ., • • - Easement No.: 32-23-5-Wl022RR IN WITNESS WHEREOF, ,M~have set our hQnds and se~ls this,~48o,"""L----day of ::;:'iw,EIN' , br~ _ {S"' ~OU~ STATE OF WASHING 1rON) County cf King ) ss. on this A day of , 1fJ'i., before tae personally appeared DOUGLAS F. WORTH to nown to b~ individual describ~d in and who executed the w in and ioregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said Granters, for the uses and purposes therein mentioned. WITNESS my hand written. 12-JIMO: l Hlffll!.001 ,•,:,· Page 3 of 4 affixed the day and year above anCI ~ {j;ie St~e of ng at Q IN\~ . .. -·· .. ·.-.... ,· .. - .. • ~ .s ·' " ., ,. " • • - · OFFSITE VISTA RIDGE -5 W1022AA EASEMENT 32-23-- PAGE 4 OF 4 .. ' • ".''······ - ' \ I '' 5 • • SOOS CREEK • . ., V/.6.T(~ S, SEWER DISTR:CT ' .. ,. ' •• 1,;v 1 r, S.E. 192nd ST. P.O. BOX 58039 RENT.:lN. WA 98058-1039 • .. ~-:------------. ------ .. • I ' l l "" co C\l ""' [', ""' [', 0 ..: N ~ ~ ...J " ~; ,, -.. _, ~ ~ _, ., " ::, ~ => ::, . , _, Filed tor Record at the request of SOOS CREEK WATER I\ND SEWER DISTRICT 14615 S.E. 192nd Street Renton, Washington 9B058 • • Easement No.; 32-2J-5-W1023R Project: VISTA RIDGE -Offsite Albert Huvinen 1514 Beacon way S.E. Renton, Washington 98058 Douglas F. Worth 1211 Coral Drive West Tacoma, Washington 98466 AGREEMENT FOR EASi:tlENT THIS AGREEMENT, ,nade this /.3 !J day of ft fl Y , 19 '11 by and between SOOS CREEK WATER AND SEWER DISTRICT, a mun"Ic!pal corporation of Xing County, Washington, hereinafter terned the "District", and ALBERT HUVINEN and DOUGLAS F. WORTH, hereinafter termed the 11 Grantors0 1 WHEREAS, Granters are the owners of land at 200• + IYest of 108th Avenue southeast and 140'± of Southeast 187th street, legally described as follows: The West 150 feet of the East 340 feet of the South 16.50 feet of the North half of the southeast quarter of the Northeast quarter of the Southwest quarter, ALSO the West 150 feet of the East 340 feet of the North SJ.SO feet of the south half of the Southeast quarter of the Northeast quarte1· of the Southwest quarter. ALL WITHIN Section 32, Township 23 North, Ranges East, w.M., King County, Washington. WHEREAS, the District reguires,an easement for water line(s) across Granter's property at a location more specifically described hereinbelow; The South 10 feet of the above-described parcel of land • Said easement is far the purpose of installing, constructing, operating, maintaining, removing, repairing, replacing and using water l1ne(s) and appurtenances thereto, as designated above, together with the nonexclusive right to ingress to and ~gress from said portion of Grantor's property for the foregoing purposes~ This easement is granted subject to and conditioned upon the following terms, conditions and covenants which the parties hereby promise to faitnfully and fully observe and perform: ~0·01 jillj ~00 S11:,;,m H~'f:OJ '.INI:.l WV Go:otni tB~l-mDl~ PAG~ 1 OF 4 .• • .... ... ...,. ~ (lJ ~ N _, .-4 " [" _, .-4 .. [" 0 ,, N ., ~ " _, "' -, ~ ~ l = ~ ., :, => ".! • • ' Easement: J2-23-5-Wl023R l, USE OF PROPERTY BY GRANTORS, The Granters shall retain the right to use the surface of the e~sement if such use does not interfere with installation of the water line (s). The Grantors shall not erect buildings or structures of a permanent nature on the easement during the existence of said easement. 2, THF. DISTRICT' s USE AND ACTIVITIES. The District shall exercise its right under this Agreemant so as to minimize and avoid, insofar as possible, damage to any private improvements on the easement herein. If any such damage. occura, the District shall repair and/or replace said improvements. 3, RESTORATION. The District will require the Developer to restore Grantor's property to a condition ae good as or better than the premises were prior to entry. In addition, off-site easements will require photographa to be taken prior to construction on said property to assure the completeness of restora~ion. 4, CONSIDERATION. The Grantors acknowledge that part of the above-mentioned consideration is compensation for any and all damage resulting to, or resulting hlU'eatter :from the possible interference of the natural flow-of surface waters, subsm:face waters, and/or groundwaters by the digging on the easement. Said digging may disturb the soils composition within ~aid easement. 5. ATTORNEY'S FEES. In case suit or a~tion is commenced against the Granters or the successors, heirs or assigns of said Grantors, for removal of an encroachment from thia easement, the Granters hereby promise to pay, in addition to costs provided by statute, such sum .as the court may adjudge reasonable as attorney's fees therein. 6. EASEMENT TO BIND SUCCESSORS. This easement, during its existence, shall be a covenant running with the land and shall be binding on the successors, heirs and assigns of both of the parties hereto, ~ IN WITNESS WHEREOF, wa have set our hands and seals this~~ .J!..._-day of t1 f' Y , 19_!1_. PAGE 2 OF 4 - • f ::: -< ., .. STATE OF WASHINGTON) county of King J ss. - • • Easement: 32-23-5-W1023R on tllis &~ day of fl Ii 'f , 19.i.L_, before me personally appeared_ 1,. i3 u w• 1 GN ------and l)ou t. ·• LvoR.Ttf D oeenv n and who executed the and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said Grantors, fc,r the uses and purposes therein mentioned. WITNESS my hand and official seal hereto affi~ad the day and year above written. STATE OF WASHINGTON) county of King ! ss. On this ___ day or , 19 __ , before me personally appeared ---------- and -------.:t=o--=m-=e-.k"'n'"o-w"'n-.t .. o,....b'"e-,t"h"e""'P"r"e"s"l"dr:e:-:n"t::-,a"n"'d,...,s"'ee-c=r=e=-t·a"r=y""", respectively, of-~-----~--~~-~~~~~~-~----, the corpcrat1.on that executed. the forego1.ng ~I"'n"'s"t"r"'u"'m"e"n"t'",--:a"n"d,-acknowledged said instrument to be the free e.nd voluntary act and deed of said corporation, for the uses and purposes therein mentioned. WITNESS mr hand and official seal hereto affixed the day and year above wr tten. NOTARY PUBLIC in and for the state of Washington, residing at----~ l, 12-1:1l4mtl!.02A. i PAGE J OF 4 -------i:o?P - .• • . ~ . ' ~ 3 ~ -' " ill ., .. C\l " ... ·-['" , ... ['" . 0 ~ N C -, al ~1 ~ .. ~ ~ ~ . : .., ' l •• • • • • PAGE 4 OF 4 . - l lu VISTA RIDGE OFFSITE PERMIT 32-23-5-W1023R ' " .. -·~-·--.-.. ,.......,.,.. __ •.·., .• • "" = - ' I ' ' • • SOOS CREE~ WATER & SEWER D13T~!~T ,,,-· .'.S.E. f92o:I...,;_ ; . J. BOX 5B03J Rcr;,,,;~. WA saoaa-1c:;3 ··-... . ' . ... Ji .. ,, . ""· .. • • ·.~:--::7-.. - I I WARRANTY DEED FAP Q S..0228 ( In the Matter of State High.way No. (SR No. 515 ) RffiTIJN VICINITY, S,E, 196th St._ to CARR ROAD KNOW ALL MEN BY THESE PRESENTS~ That the Grantor • for and in con.ridera;tiotl of the $Um of TWO HUNDRED Fil!TY & 00/100 ($250,00) ... , • DoUa.raJ l,ereby cont>ey :11 and wan-ant a to the STATE OF WASHINGTON, the foltowing described Teat .esttr.te .situ, ated in King County, in the State af .Washington, to the so.me extent and f'UTPOSe as if tJi.e. right! herein granted had. been acgui1'ed under Eminent Domain statute oj the State of Wuhington: ill that portion 0£ thfi followi.l)g dncribed Pa.real "A 11 l,ying .B:a.ste.dy of a. line dreMn 40 feet Westerly of lilD,d -parallel witb the center line of SR 515, MP 3,87 to MP 5,15, ReDton Vicinity: s.E. 196tb St, to Cs.rr Road, Pa.reel "A"i Th& Sou.th 16,50 feet of the North half of the Soutbea.st Qaarle:,:: of the Northeast Quarter of the Sou.thweet Quarter of SecUen 32, Townshill 23 North, .ilange 5 East, W ,M, 1 jn King County I liaab.ibgton EXCEPT the &13t 30.00 feet thereof; end ·• The Horth a;.50 feet of tbe South half or the Southeast Qua.rt~ of the lfortbeaet Quarter of the Southwest Quarter of S&id seetion, EXCEPT the !'&st 30.00 feet thereof. It is understood and agreed that the State of' Waehington will rl.>conatru.ct tbe exist.ing road. aoproach on the liesterly a!de of said higtu,a.y at -0r near Highway Ebgineer's Station 266+50, said a~~roach sball be ma.int.tined between the right of way line !llld tbe shoulde:r li.ne o! said hig ,,uly by the Granters~ "their heil::s, auocessors or aasisns. The Gra.ntors hereiD further grant to the State. or it's .agents, the right to enter \l,,on the Grantoris ,:e:ma.ining :anas where neeee,iary to :reconstru.et &a.id epproaeh. The lands hereiD bia,ing conveyed contillll an a.Na of' 1,000 square feet, mol:!e or lesi.1 the specific detaiU concerning an of which are to be found within that certain map of definite location now of reCOTd and on file in the office of the Di,-ecto, of Highways at Olympia and be-0.ring date of npprot1al August 9, 1971, and the center line of which is also shown of :record in Volume 5 of Highwa.y Plats, pap ;;, records of nld OO"Unty. By initialing tbs app-ro"Priate space below, the undersigned agree.to surrender possession of' the unimproved p;tO_)erty herz,~ruly 24( 1972 1972, but not prior to receipt or payment tberefore. / ToitiaJ.) Tb.e undeJ;.'aignli!d Granters hereby authorize 11.Ild instruct the Sta.te of Waebington to pq the entire eoneid~tion for this tronaaotion to lfu6hbanks Mortgage Co., and dirtiot that the State ".ouoher in pay:iii.ent thereof shall be executad only by M.id Company. It is understood atid agTl?ed that the delivery of this deed is hereby tend1?1'ed and that the term, , and obligations hereof shnU not bl?come bin.ding upon the State oj Wa.,hington u11lrus and until acctptl?d and approved h.eTWn in wriMg f<Yr the State of Washfugtan., Depa.rttne"nt of Highways, by the Chief Right of Way Agent. Dated th~ . .!_~~~--., .. My of,-.~~F_,i~!.-':.~?.2 Aecepttd and approL'ed .. Jf."'"(b...:.?.~ .. STATE OF WASHINGTON By :?2:ta"' _ c 1;,(AoHL • " ·~ .... ,. '' -· ••f STA':'£~ .-.:..~• ", ''"'"" u-,,.~:1.t·. . ... -..... . . . · ... ,, .. , .. ; ., ,._ ....... ~~· 1'areel 1-6875 (lndlvld~l acknowli:dgment lom) ::::Yo:/::;:o•: ___ ._}f \ I, the undersigned, ci flotn.'l"'!f pubiic'!ri. µtt.d jor the .State af Washtri.gton, here°tnJ certif'tJ tho.ton this ________ g_4:tiJ:L.._day of -·-·····-----~.l:t l972 ... --~·-·-.. · -·--··Pe'!"f07\Q.U1J appeaYed befDYe me -···-· --·-ALll!:RT HlJVDi.W N1d_M!XllfE HUVIKflf ---~------·------·--·-------·· (Corporation aclmoWlBd&ment lonn) Sf.ATE OF WASHINGTON, } "· County of-------- On thU'·-··--.. -·--·-·day oJ---------·----··· . ____ .before me pers~lly appetl'l'ed. ------------·--·---·--~----4nd...-·----------·-----------·------·· to me known to be the_, and... ________________ _ of the corporatioo that executtd the foregoing instrument, and ackttowledged said fflltrumeni to be the free and vo1unuwy act amt deed of said corpo-ration, for the w-es and pu-rposes theYein. mentloned, and Q?Z. oath stated that------~-------·--...autltorizt!d to ueeuu mid in.rtrument and that the ,eal atfi.%ed ill tM cOTpOmte seal. of said c01pO't'4tion. Given ullffl my hattd atld official aeal the day and 11ear last abovr written. ' I ~ I ·~1 RH:(,f<!DfD •J r ··:~==RfiiuESfOf. ~.::,:. :-;,.ri .. :,:t+. ·,, t, ELECT ;-:·N~ •>:lftlO CO. WN. DEPUTY Re:r~ Q.f.-·-·· ---·-·-·---·····-··-·-·---·-··· l<.Jj 11 . ' ' . tr ~ .': ~t ;l :,,t. ;1 ' '~ !( ';; !" ! ii' ; ' CITY OF RENTON, WASHINGTON E)-COUNlY LDT LIE ADJJS1IIENT FU NO. WA-14-000'l'IIO-U.A <m' a,.,.. UIIII MIDD NO. ue--.»-«m OWNERS' D£a.JiRi11TION :~~...;.;:::r=;;·""' "'"""'-Z!'iilits LEGAL OESCAIPTIONS PRIOR TO ADJUSTMENT ~~·az~1a·~~:. '""""""""''"''L'-'"""'""""~"""""""'""'""""" ""'"""'"-""""B'"Dlfl>>RfllU.llLN>l!<ot«-0,._,, ~--"'"""""'"-'"'"""'----· ~~~ :.."'i:oo'.;,'.'~,':::.,,i:..-·., 1'«..._ I<> n:,;r,,n ....... ....,..,.,,..._, .. .._.. .... ,.,,..-" ~=..:._.., ... """"'. -.. _ -· ~~'"'""'""..,.."""'""""'-"''""'''-"''""""" ~~..,.~,~ (';.!"'..;,.';\,~.:,':"""'"' .. w.-. Of """"""""'" .. ...,Of...,'""'1 .. ~1<,-<»..<c, ':,'..;"',,..,~O:,orJD"""*"'_"'_.._,., 3 I'+ 11/o s: ,;, or sw 1/s, sec. )2. r,•·' n ~. ~GL. ~ t .. w.i EXCEPTIONS FROM TITLE REPORT ~~·,'=='..:..,-,...,."';"',~~-.,., "'· '"'"" --"· ,,, .. _, '""""" ... .,,.,,,, '· '°" """-""'""" "~"-'"""""'""~"""'-""""'"" ~~.~~ .. 'fs.;~'tf::t~....li",.":,,.,CI><". ~~=~E:,:'=(:S:f~?:~.'::. •......:c-,"'""""""'-"""''""·'"'""""""·-""="'"""""" ::::::t1:..'r"'~~~~~~~.,,"'~~.:i-;.,:.",,," > ......,c,mc:,-M"_,,.."""'"°-"""""""-'~ <<»<T-.O., o<4> ,..,. "'""""' !. O'I<:< "'' '"", "'-""• ,n .. L 'C """"'"'--"""""""'--'""""""''"'""'""'''" ""'-"'"'"""""" ...,_,~..,..,,.-· """'"'°·_,Jtlll.....,.. _,""-"""""'°"'<""""'"'""-L ::>-=..'II~"-'""'""'"""°"'-~ -- LE(;.AL DESCRIPTIONS AFTER ADJUSTMENT W.[~_,. ...... " .... "1'·"""""""'""""''"''"' ~'~'!,,"'~,;::-''"""''., "''"'' •,.. ..,.,~ e.oc, ~'l:"..-::'1 ~,,. .. J;;, ",3,"'""' """""""""'or~£..,.,.. .,.., toe.,_. ...... ,,. "'""' "'"' '" " '"' ''""" ""'-' "' '"' ..,..,,._,.,.,-,-."'· ·=-· -... """'°"""' -"· """"'""' "'""·""' ~\~""'...,.."' "'""""o -~ "''-.._.. ~=;,.,..~~:E;-~~";;~J:'".~ NOTES - -_ ..... __ ..,_..., "'"'·-- - PANTHER LAKE '°'""'"""""' -- CITY OF RENTON, WASHINGTON n • \ '. I I ' ''• I \ ' ,., i i I SURVEY INSTRUMENTATION ,o• """'-<T'An<.,j ..... ,.-r. 10 -"""""'-' ... .....,.no,,s,$ .. "-""'.t,lK..c,t,,;o-U>O ,,..... ""''""'-"'"-~ ........ ---"" ...... ""'"'"" ....... , """'...,""" -·-_,,,...,usrn,...-.o_....,"""""""~'""'"""""'J:>tfl""" '"'"'"""°""""'-< ,.,,._,,.__, s .... ,. ... -. GENERAJ. NOTES '"""'""-'""--'-"'""""'~--,-= _,.,.__,_ __ '~u:::..=-;-.,"!,,,,"t.";;~i"~""" ,,.,,.._,,,.,,,,,.,...""'"'-""ltJI. J ::,.;-";:'<"'.;;..~;;,~:;:=~·<rim> '!:;:_"':.-"'"""""'·-·"-""-'' I SCAlr POllWl,i or Sf l/4 ()I~" I/< 5£~ J2, rw~ 2) N. RU ~ ~-"" lEOEND ©-""''""'"''"''"-'"'~=· >U ..... "'™ ~A<ne e>• """"" """"'·""'"" ""''""'""'""-"""""-" =-·"'"""-...,.,. 51 .... ,..,, •• ~•iJ2--··--··--------r 1=.= , __ lOT AREAS PR10R TO ~ENT ~L'CU1'11,.t/- P.«or1 ' '4,>0o H •I """"'"""""" •!- ,.,,.,,....,. ... _.,_ """"·""'''•I ""'"·'"'''-'' ' t FA-No. S-02281 WARRANTY DEED In the Mntter of State Roote 515, (. ____ SH No .. --.--) HP 3.67 to HP 5.15, Renton V!clnity: s. E, 196th St. to Carr Road KNOW A;L MEN BY TH~SE PRESENTS, Thut the Grantor S R.a,w,ad E. Deacy and Elva K. o.ac,, hia wife V ... ;. ;..... for und in consideration oj the sum of TEN lltid N0/100-------{$10.00)-------no?lan:, prid othe-r valU11ble. c:onaide-ration hereby con,.•ey and warrant to the St·ATE OF WASHINGTON, the following de$cribf:d ,-ea[ esUlte :titu_' .. ated in King County, in the Staie oj W11,1hington, to the so.me e:rtent and purpoJe as if tM Tights herein gra.nted hi:td beim acquired under Eminent Domain statwe of the State CJj Washingttm~ All t1u1t pottion of the follo;iing ~scribed Panel "A." lying Wterl.7' of a lute. draw paralltl 'With and 40 feet Westerly when l!lllUared at right anglea froi.. the Cente.-r line of SR 515, MP 3.87 t.o Ml' 5,15, Renton Vicnity: S. E. 196th S.t, to Garr Road, The Soatb half of the North half of Traeta S 81;!.d 6. Pantbef" Lake C".a.rdmt Tracts, ac::t:ording t,c1 plat recorded in Voluae 9 of Pb.ts, pa.ge 25, in IC:ing CoDllty, Waabillg~; EXC!l'T the Eat 30 feet of said Tt'act 5 CCl'D.veyed to J:ing County for road purpous, by d~d -recorded undeT Audlt.or 1,s Fi111 No, 71"1756, It. i• undentoad and agree.d that tli,e. State of Wuhiu.gtoa vill ~construct th11 e:d8t1n.1 road approach on th11 lhl5te.dl' !!Iida of said highway at or near Highv8J' Etigin-J: 1 1!1 Stat.ion 281+2..5. which appN>ac::b •hall be ll&iota.bied between the. right of "'RY line and the should~r line of sa1.d hlgtn,ay by the. granters, their he.in, 8\1Cee5Sars or as:lisP•• the gn.a.tol.'S bet"ein futther A'f'Slt to the State of Waahingtoa., o:r ibi ageota, tb.e: rlght to e:nttr '1PO'll the g:tantoT'& re..,.iniu.g lands whei:e Dl!c:easary to !;OTIBCruct said approadl, The 11111.M hen.in coo.wyiad contaiD an a"tea of 1700 sq1,1,1:i:e. feet:, more or Ws, the tpeeific d~oila concerning all of which itire to be Jound within that cfflllin ffWP o1 definite location. now of record a.11d on fi~ Pl the office of the Directm-of Highways at Olympia and beo.ring Mte of approval &-9-7l~ &!ld t.h~ cent.er Hue of lolb.icl:i 1a alao ahown of rec::ot"d in Volume-5 of Highway Flats, p,ag:e 32. recot"lbi of 1udd county, Bf 111.ttial:lng th11 apPrOpriat• apace halos, the undaralped ap:u 1 To surrenaer L'Qa.&11aal.oll of tft• anbqmoved prooe~eiD con.yed oil 2 .. 24 .. 72 but aot Fior to re.e.fllipt of p&.,_at tllerefora. · ( Initial ) . . . It is U11derJtootl hnd agreed ihat the delit:e1"J,l oj this deed i$ hertbu tendenl:d o.ttd tha.t the term, and obliga.tft»,u hffeof shall not become binding upon the State of Washington ttnlieas ll1J.d until. a«epied and 4ppr®e,e·.Jfftpn,ffl writing fc,r the Sta.te of Wa.!hingt<m, Depa.rtment of Highways by the CMef RigM o/ Wav 8:9imi: • ' . ' Dated th"ia~:Ath..---·.c!ay af-..&hDw::J-,.. l.912 Accepted 11,nd .approt:ed... .. _:(.-:-_"t-z_t:f::. __ .... STATE OF WASHINGTON OEPAHI'MDIT or HICHWA\'S .. . .. .... ~.;;,. '6?~- Parcel No, 1-8864 0 g (Ind!v:ld11AI acknowledgmcn\ form) STAT! OF WASJUNGTON, } "· County of_,. ___ llq.. __________ .. _ .. I, the uttdeTBign.ed, a notary public in .nnd f.or the State of Washington, J~eby cerNy thnl on this . __ 2.!UlL_ .. _....day of_..bbntl!.U:,-.l.9.71_ ... _ .. _ ···-.. . _ .... personally appeared before me ...... ~.B. .. _D&&q..Jmd...Bln....K......DucY-.-·--·--·-_________ ,.,. ___ ·-·-·-.. -------~·"' --__ .. _____ ,. -·-·· --· ----·-·-----.. -------·---· ·-·-·---·-··-. ··------· ... ---· --····-··-----.. ---. (Corparation 11~knowllldrtm~t torrn) $TATE OF WASHINCll'Oli, .}•L Cattnty of------·--- On th.is.. .d4yof .... -... --·-·-bejore me penana.lly appl?dred ... ----· ......... ...and-----··-·-· . to me kncnrn to he the. .. ___ Jlfld..__ ----. of tl:ie COT'POf'lttion that e:cecuted. the foregoing :instrument, and acknowledged .said imtrumeflt to be the 'free artd t·olu-ntary act and deed of $4id corponmon. for the use:i lffl.d purpottB therein mentioned, and an oath. stated that..... . ---. _ -----· __ -'111.tJt.ori;ted to exeeutt mxt bu1mtment and th4t the seat ati'i,:red is the CCITJ)OT(lte aeal of .said co-rporation.. Given tender my hand 4Jl.d offeeial seat the day mid year wt ai;,011e tDf'iU.eJI. --.. ---·-·~-·------·----··-g.__ Notmy Pnlllil:: irL end tor tllt Slow o/ Wli!Shf,,~j Kaidfflil K. •.... .. ·. ~ l ----~---- ..• ---· 2fQIIEST 1lfj • ,.:: .... ;;: • .:. d. .. ~;;'.;. • :'triG c.:,, WN. ~----·-Ci5"PUTY ~ ..I ~~D 3 N r-- d f's-!: ?I 7 .FA No. S-02Z81 WARRANTY DEED In the Matter of State Route 515, (_.SH No ___ ~_) HP J. 87 to HP 5 .15, Ren ton Vidllity: S. B. 196th St. to Carr lloa(\ KNOW ALL MEN BY THESE PRESENTS, That the Granter Glady• L. OrMr, u ber a•p•r•t• ••t•t• for and in consideratiQTL of the sum of TEN AND NO/loo------($10.00)--------DoZIDrs, artd other valuable consideration Jtt?n!by t'Clnt.-ey and wanant to the STATE OF WASHINGTON, the follcrwing desi::ribed reat estate sit1l--- ated in King County, in the State of Washington, to the sa.me e;i;tent and pu~e a., i.f the rights herein grcmted h4d. been acguirl?d unde,-Eminent Domain 11tatute oj the State of Wa.$hi'rtgtcm: All that portion of tbe fQllc,,,iD.g described Parcel "A" lying .Ea.sta:rly of a line dT:Wn parallel with .rid 40 feet Wea-te.rly 'lfhen measured at rlgb.t angles from the ce.nte:r line. of SR 515, ~ 3,87 to MP s.n, ~a.ton Vicinity: S, E. 196th St. to Ca:tt Road. PARCEL "A": The North half of the No,rt:h half of Tract& 5 and 6~ Panther L~ G.a1:den Trac.ta, according to pla.t -recorded in Voltme 9 of Pla~, -page 25, in King Cc;iunty, Washington, '!XCBH' che E:asc 30 feet. of said Tract S, C:011\."e]'ed to ¥:ing C,um.ty for road. purposes by d«d recorde.d under AuditoT1 • FUe Ko. 791756. It ia underatood and agretid that tba State cf Waabingi:on vill recon11truct the. ezi.ating road. approach on the Weaterly side of .aid hi,p;bway at or DUI" Highway h,fd.neer'• Statioll. 282+70, which approach •hall be :maint.ained betwnn tbe. rill!ht of Wily 11ne aftd the .ahoulder line of the. add hiR,hvay by the grantor•, their heirs, :lilU.C:.Cusor& or Hs~. The l\"l'PCOr4 he.rein furthar grant to the State of R-,i;bUlgton, ar ite qent:a, tM right to enter upon: tM'. grantor's ra&inin,; lands "Where neceaaary to construct &aid approach. The land.$ hereJ.n conveyed contain u ,1,xea of 1700 sq.ua-re. feat, 1a0re or less, iM .specijic details concemi-n.g all of which are to be found within that certain -map of de.fmi.Ce iooition now of -recani and on. file in. the office of the Director ttj H'tghwa.ys a.t Olympia a.nd bearing date af o:ppnwa.l 8-9~71, and the canter lf.pe of wbich ta abo ehown of record itl Vol,-5 of Highway Plata, 9agu 32 and 33, recod• of uid i:ounty. Th.e. gr•atar &grM• tp SarNnder poHu&ioa of tu u~d. propep ~El~ con...,.d Oil Febnlary 22 9 1972, but not. t,rlor to Nffiipt of ~ut t:11,er.fore ,,J!.....d..~"' It is 1,121:~ttood tmd agreed that the deltllff!J oj thii deed U hereby tende-red and that the tenllB and ab!igatiinu hereof shall not become binding upon. the State of Washington. tmlets 11-nd until accepted and approt'Elcl ~ in writi,ig fur the. State oj Washington, Department r,f Highways, by the Chief Right of Way Agfflt. Dated this........12u--.---do.y of_. Fu~--1972- Ac~ted ,m.d approved-:S(:_:~·l-:L~ .. STATE OF WASHINGTON Dl!l'ARI ENT or~mtWAYS I (lndlvl.dual Mknow\edfmtni fom,} STATE OF WASHINGTON, } "· County of-....Ki.Dg-·---·--- J, the u.ndersigned, a notary puMic in cm.d for the Stat!;! of Washington., hereby Cf?'l'tify that on thfa _ ------220d--···--day of.~, .. .J..912. .. __ .......... ----·-.. ____ personally rippeared. before me ·--·-·-·-· .Glad:,....l..-.Cku.1::...-.------· -·--·-----.. ---·--·-·····------·-·------- ta me known to be the individw:i:L. deseribed in o:nd who executed the foregoing inm-u.ment, ami <lC t-....be.-.signed imd sea.led the :a:me as---1\el:. .. _..free and oohmt!I'l'l,' act ~ deed, tc,,<&;~-· au therein mentioned. -a-·-"t~ ... l~i<TJ(' .. ((sue;!• : ~"··~t .. !.•,.\.-··~·· '·tis¥•"" (Co111on.Utit1 acknowlea..,,enl fOtnl) &r1,tt O'r W.-.SHJNGtON, } "· County of ____ ., ____ _ Cm th LL... ---·-_____ .. _ .. daJI of--·----------. _ ---·-.. -· -----·-before me perBOTU1lly apputTed --. ·---.. ---, -· ----------------·--_____ _and_.__, ___ ---····----·~---------- to-me knffl= to be the--·· .•• -----.. -·---. ______ .. and__ ··----.. oJ the c(ltp01'4tum th4t ttecuted the f,;,regoinfj tn.rtn1ment, ttnd a.clmowtedged said in.lt'nmient ta be the free arui eoltfflt4ry ad a-nd deed of said corporation, jor the uses-IU1d J)UT'PO.tfl thffirin mentioned, and mi oath !tated ihat.... __________ aia:hqriieci ta e:i-ecutc mid inrlTtr.ment and that (he se4l offtred U t~ c:arponrte stal o/ .said corponttion. I Given wider my hand an4 officlnt ua;l the ®11 i:md 1,1ear-ia.si abo-ve written. ;-.~;";-c.:i, .• :.t,,:,.. !1.c:c:·,1.·~• ~~.t~"IO 00, WN, ~~~-C£PjTY ~ ~ ' '1f \i ~ ,; ! w.. ~I ~ \) " A I t5 (\J r:: Ii~! 2 ~ \j ~ .... !;! \'j ~ 0 "' jj:; . ;s r-. . l ~ i I ~ I J I " ' j ~ ·: I ~, j ' "' I ' fll.Ell lllr lucenl al lltqae1I of Name \It..££ Wa lflo" Address P O (!.,, I( lo l. I:,)., City \'.Stnt ,. b(A 18D(."l ,,,111101111 ~SON J JEFF Ef:IS Bi5 H ,.-....,..-ff, OF h4 . 18/19/:ztll2 11:31 KING COUNTY I '1A EXC!SE TftY... NOT R[OU:1ED d.~:~ EASEMENT FOR INGRESS AND EGRESS AND UTILITIES For and in consideration of the sum of Ten Dollars ($IO) cash in hand paid, and other good and valuable considerations, the lllldenigned Tom and Shirley Gough, Grantors, do hereby sell, Convey, and warrant to Jeffery J. Wolfson, his successors, or assigns, a pennanent utility easement and right-of-way with the right to erect, construct, install, lay, and thereafter use, operate, maintain, inspect, repair, replace, and rework water lines, water pipelines, water facilities, manholes, pump stations, power lines, telephone lines, or any other appurtenances thereto required, over, across, and/or lll1der a certain piece of real property lying and being situated in King County, Washington, a more accurate description of said property being attached hereto and made part he!eof as 1hough fully copied herein in words and figures and marked Exhibit "A". It is understood and agreed that this easernern and right-of-way shall give and convey to the Grantee herein the right of ingress and egress upon the lands above described for 1he purpose of constructing, maintaining, and repairing the above described utility improvements, as well as provide access for ingress and egress to tax parcel #6623400054. f'I '/~. o ( ,-/!.. 5 p".;;,,r ~n k e,.~k,s Trt Vri, '! fl)( ,.: f;.,,- h ·"") : ;·v• \-r It is funher llllderstood and agreed that the consideration above mentioned shall be in full payment of all claims, graJQ or rights of action accrued, accruing, or to accrue to Grantor herein. Orantor herein reserves 1111 oil, gas and other minerals in, on, and under said land. For the same consideration mentioned above, the Grantor does hereby sell, convey, and warrant to Jeffery J. Wolfson, his successors, or assigns, a temporary construction easement over, across,. and under the property described in Exhibit "A", attached hereto. The duration of the said temporary construction easement shall be until the completion of all necessary utilities for the future project. The Grantee covenants that the lands surface shall, following construction of necessary utility improvements, be returned. to as near as original condition as possible, at Grantee's expense. It is fur1her understood and agreed Iha! 1his instrument constitutes the entire agreement between Grantor and Grantee, there being no oral agreements or representations of any kind made between Grantor and Grantee. The grant and other provisions herein described shall constitute a covenant ruMing with the land for the benefit of the Grantee, its successors and assigns. ,,., WITNESS THE SIGNATURE of the Grantoron this / -day of ~,;4--a-t:, " ~---' ,,,.. D/o r..l:!. (J,z_., STATE OF WASHINGTON COUNTY OF KING Personally appeared before me, the undersigned authority here and for the jurisdiction aforesaid the within named 11'1 orno.:-, ~ :i; SI::), r le~ C:::c:u;h • Who acknowledged that he/she signed and delivered above and foreg; ng instrument of writing on the day and year therein mentioned. GIVEN UNDER MY OFFICIAL SEAL this the ) +Today of Bue..., 6± • .;?DlO. • MY COMMISSION EXPIRES: ,::,-1:)-\3, CA.A , , ifiQ u . C..~ NOTARY PBL!C EXHIBIT "A" INGRESS, EGRESS and TEMPORARY UTILIDES EASEMENT That portion of the following described property: The north half of the north half of Tract 5, Panther Lake Gardens tracts, according to the plat theteofrecorded in Volume 9 of Plats, page(s) 25, in King County, Washingtoo; EXCEPT the east 40 feet of said Tract 5 conveyed to King County for road purposes by deed recorded under Recording Numbers 791756 and 7204110302. The 10 foot Temporary Utilities Easement, south of the centerline, can only be used for construction and maintenance of utilities. Lying within a strip of land 20.00 feet in width being 10.00 feet on both sides of the following described centerline: Commencing at the northeast comer of the above described property; Thence South 00'25' 19" West, along the east line thereof, a distance of63.13 feet to the True Point of Begbming; thence South 89'00'43" West, parallel with the north line of the above described property, a distance of 278.92 feet to the terminus of said centerline. Situate in the City of Renton, County of King, State of Washington. It is the intent of this description that sidelines shall be extended and/or truncated to inlerscct at boundary lines and intersections. Exhibit "E'' Ingress, Egress and Utilities Easement 108th Ave SE ---...,.-,-,.,.-,-------, :~ : I 'lo' I , I J : I ,t a' I; iliJ '~1; ~ i:i1 0 ' " i!iJ I ~ ·1 . 0 -g . r'l'm 1.~ I I 'JQ"IIG': I 'J I ' DJ 0 30 60 Scale: 1" 30' CENT~ P INTE cm t r ,a...1t.a. 206 Railroad Avenue North -Ke-ul IA 98032 253-813-1901 main 253-613-1908 fa, . ,, llll~IIIIRlllll~IIII 20141231000757 REfURN ADDRES$~ PUGET SOUND EN EAS 7'1.00 Pugel Sound Energy, Inc. Attn: ROW Department (AEM) PO Box 9703ol I EST .O&W Bellewe, WA 98009-9734 + PUGET SOUND ENERGY REFERENCE #: PAGE-411 OF,.,_. 121a112e14 12:17 KING COUNTY, UA EASEMENT GRANTOR (Owner): GREENLEAF-LAROSA, LLC. GRANTEE (PSE): PUGET SOUND ENERGY, INC. EXCISE TAX NOT REQUIRED King County Records Dfision By MJ... &~uty ORIGINAL SHORT LEGAL: Portion of SW 1/4, Soc. 32, Twp. 23 N. Rng. 05 E., W.M., K.C. ASSESSOR'S PROPERTY TAX PARCEL: 662340.0054, 32230S-9132 20141231000757 .001 For and in consideration of good and valuable consideralion. the receipt and sufficiency of wl'Mch are hereby acknowledged, GREENLEAF-LAROSA, LLC., a Washington limited liability company ("Owne~ herein), hereby grants and conveys to PUGET SOUND ENERGY, INC,. a Washington corporation ("PSE" herein), for the purposes desaibed below, a nonexdusive perpetual easement over, under, along across and through lhe following described real property (the "Property• herein) in King County, Washington: SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Excepl as may be otherwise set forth herein PSE's rights shall be exercised upon that pMion of the Property ("Easement Area~ herein) descooed as follows: EASEMENT NO, 1: ALL STREETS AND ROAD RIGHTS-OF-WAY {BOTH PRIVATE ANO PUBLIC) AS NOW OR HEREAFTER Dl:SIGNED, PLATTED, AND/OR CONSTRUCTED WITHIN THE ABOVE DESCRIBED PROPERTY. (WHEN SAID STREETS AND ROADS ARE DEDICATED TO THE PUBLIC, THIS CLAUSE SHALL BECOME NULL AND VOID.) EA§EMENT No. 2: A STRIP OF LAND 10 FEET IN WIDTH ACROSS ALL LOTS, TRACTS AND OPEN SPACES LOCATED WITHIN THE ABOVE DESCRIBED PROPERTY BEING PARALLEL TO AND COINCIDENT WITH THE BOUNDARIES OF SAID PUBLIC STREETS AND ROAII RIGHTS-OF-WAY. EASEMENT NO. il: A STRIP OF LAND 6 FEET IN WIDTH ACROSS ALL LOTS, TRACTS ANO OPEN SPACES LOCATED WITHIN THE ABOVE DESCRIBED PROPERTY BEING PARALLEL TO ANO COINC1DENTWITH THE BOUNDARIES OF ALL ALLEYWAYS AND PRIVATE DRIVES. EASEMENT NO. 4: AN EASEMENT OVER THE ABOVE DESCRIBED PROPERTY FOR YALR. TS, PEDESTALS AND RELATED FACILITIES (''VAULT l:ASEMENTS") ADJACENT TO EASEMENT AREA NO. 3 .. THE VAULT EASEMENT MAY OCCUPY ur TO AN AIIDITIONAL 5 FEET IN WIDTH (FOR A TOTAi. WIDTH OF 10 FEET) WITH THE LENGTH OF EACH VAULT EASEMENT EXTENDING 5 FEET FROM EACH END OF THE AS-BUil T YAUL T(S), 10'~5'-5' Plat Easement 2013 WO# 1010913&1 I 105078395 I 107049341 / RW-090721 / Greanleaf Page 1 of 4 ./ EAsEIIIENT No. 5: THE EASEMENT AREA FOR OVERHEAD FACILITIES IS LIMITED TO THE EAST 10 FEET OF THE ABOVE DESCRIBED PROPERTY. 20141231000757 .002 1. Purpose. PSE shall have the right to use lhe Easement Area to conslrud. operate. maintain, repair, replace, improve, remove, upgrade and extend one or more utlllty systems for purposes of transmission, distributlon and sale of gas and eledriclty. Such systems may Include, but are not limited to: Underground facilities. Conduits, lines, cables, vaulls, switches and transformers for electricity; pipes, pipelines, mains, laterals, conduits, rei:,..Cators, gauges and rectifiers for gas; fiber optic cable and other lines, cables and facilities for communications; semi-burled or ground-mounted fac!ltles and pads, manholes, meters. IIX1ures, attactvnenta and any and all other facilltles or app..-tanancas necassary or convenient to any or all of the foregO#lg. Overhead facilities. Poles and olher support structures with crossarms, braces, guys and anchors; electric transmission and distooution fines; fiber optic cable and other lines, cables and facilities for communications; transformers, street lights, meters, fixtures, attachments and any and all other fac:.iltles or appurtenances necessary or convenient to any or all or lhe foregoing. Following the initial construdion of all or a portion of its systems, PSE may, from lime to time, construct such additional facilmes as It may require for such systems. PSE shall have the right of access to the Easement Area over and across the Property to enable PSE to exercise Its righlS granted in this easement. 2. Easement Area Clearing and Malnteflance. PSE shall have lhe right, but not the obligation to cut, remove and dispose of any and all brush, trees or other vegetation In the Easement Area. PSE shall also have the right, but not the obligation, to control, on a continuing basis and by any prudent and reasonable means, the establishment and growth of brush, trees or other vegetation in the Easement Area. 3. Trees Outside Easement Area. PSE shall have the right to cut, trim remove and dispose or any trees located on the Property outside lhe Easement Area that could, in PSE's sole judgment, intarfere with or create a hazard to PSE's systems. PSE shall, except in the event of an emergency, prior to the exercise of such right, identify such trees and make a reasonable effort to give Owner prior notice that such trees will be cut, trimmed, removed or disposed. Owner shall be entitled to compensa11on for the actual marl<et value of merchantable timber (if any) cut and removed from the Property by PSE. 4. Restoration. Following initial installation, repair or extension of its 1acili1ies, PSE shall, to the ex1ent reasonably practicable, restore landscaping and surfaces and portions of the Property affected by PSE's work to the condition existing immediately prior to such work, unless said work was done at the request of ONner, kl which case Owner shall be responsible for such restoration. All restoration wtiich is the responsibility of PSE shall be performed as soon as reasonabl~ possible after the completion of PSE's work and shall be coordinated with Owner so as to cause the minimum amount of dlsrup1ion lo Owner's use of the Property. 5. Owner's Use of Easement Area. Owner reserves the right to use the Easement Area for any purpose not inconsistent with the rights herein granted, provided, however, Owner shall not excavate within or otherwise change the grade of the Easement Area or construct or maintain any buildings or strudures on the Easement Area and Owner shall do no blasting within 300 feet of PSE'o facilities without PS E's prior written consent 6. Indemnity. PSE agrees to indemnify Owner from and agalnat llablllty Incurred by Owner as a result of the negligence of PSE or it& contractors in the exercise of the rights herein granted to PSE, but nothing herein shall require PSE to Indemnify Owner for tha1 portion of any such liability attributable to the negligence of Owner or the negligence of others. 7. Termination. The rights herein granted shaH continue until such time as PSE termina1es such right by written instrument If terminated, any improvements remaining in the Easement Ates shall become the property of Owner. No tennination &hall be deemed to have occurred by PSE's fallure to Install Its sy&tems on the Easement Ates. 10'-5"-5" PIii Easement 2013 WO# 101091360/ 105076395/ 107049341 / RW-090721 /Greanleaf Page 2 of 4 20141231000757.003 8. Succeaaors and Aaalgna. PSE shall have the right to assign. apportion or otherwise transfer any or al of Its rights. benefits, privieges and interests arising in and under this easement. Without limiting the generallty of the foregoing, the rights and obligations of the parties shal be binding upon their respective successors and assigns. DATEDthisM_dayol ~~ , 20.LA,_. OWNER: STATE OF WASHINGTON ) J/J n,1 l ss COUNTYOF~) On this ".::lW.~ay of D<.:::4nbe(: , 20R. before me, the undersigned, a No1ary Public in and for the ~ Washington, duly oommissioned and sworn, personalty appesred CHARLES CONNER, to me known to be the person(s) who signed as , of GREENLEAF-LAROSA, LLC., a Washington limited lia · ty company, the limited llablllty company that executed 1he within and foregoing instrument, and acknowledged said instrument to be his free and voluntary act and deed and the free and voluntary act and deed of said limited liability company for the uses and purposes therein mentioned; and on oath stated tha1 he Was authorized to execute the said instrument on behalf of said limited liability company. IN WITNESS WHEREOF I have hereunto set my hand and official seat the day and year first above written. SHARON L. BRENNAN NOTARY PUBLIC STATE Of WASHINGTON COMMISSION EXPIRES OCTOBER 9, 2018 10'-5'·5' Plat Easemem 2013 OT.Alf( P.UBLIC in and for the S1ate of Washington, residing a1 !:J(_,l(ey'UJ ,< Uy Appointment Expires: 10/0. / l8 WO# 10\091360 / 1050763951107049341 / RW-090721 I Gn,anleaf Paga 3 of4 ) EXHIBIT"A" PROPERTY 1 KING CouNTY PARCEL 662340-0054 THE NORTH HALF OF THE NORTH HALF OF TRACT 6, PANTHER LAKE GARDEN TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 9 OF PL.ATS, PAGE 25, IN KING COUNTY, WASHINGTON; TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS, AND UTILITIES AS ESTABLISHED IN INSTRUMENT RECORDED UNDER RECORDING NUMBER 20120B09000l65. PROPERTY2 KING COUNTY PARCEL 322305-9123 THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; EXCEPT THE WEST 240 FEET OF THE EAST 270 FEET OF THE SOUTH 120 FEET THEREOF; AND EXCEPT THE WEST 125 FEET OF THE EAST 155 FEET OF THE NORTH 15 FEET OF THE SOUTH 135 FEET THEREOF; AND EXCEPT THE NORTH 83.5 FEET THEREOF; AND EXCEPT THE EAST 30 FEET THEREOF AS CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEED RECORDED UNDER RECORDING NUMBER 791759; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE STATE OF WASHINGTON BY WARRANTY DEED RECORDED UNDER RECORDING NUMBER 7208240314. 10'·5'·5' Plat Enement 2013 WOii 101091360 I \05076395 1101091360 I RW-090721 I Greanleaf Page4of4 20141231000757.004 ., .... -........,·':,fl ,r. . ·: \. ~ RETURN ADDRESS EP Enterprise Properties, 24913 104th Ave SE LJ,r Kent, WA 98030 Plcuc prinl neally or type infonn.uion Document Title(s) 11,1,,1,1111 ~l!i~~~c:= oss ,s.811 87/IS/2913 tz·:e KING COUNTY, i1A Notice of On-Site Sewage System Operation and Maintenance Requirements Rdereace Number(•) of related documents Grantor(s) (tin. Flnt, ••• Mlddl< lattldl Gough, Thocnas A. Gough, Shirley M. Grantees(s) (Last, Flnt. Middle Initial) THE PUBLIC Additional ~cf~c-e l's on page __ _ Additional grantonJ on pase Additional grantees on paae Legal Description (•bbrevtated Corm: I.e. lot, bl~k, pl•I or ~doa,. townidllp, nnp, quartsrlqUarler} l"J'N TRACTS S, PANTHER LAKE GARDEN TRACTS, VOL. 9, P. 25, KING COUNTY Assessor's Property Tax Pan:el/Account Number 6623400050 Addilicnal lc:pl \;& on page Additional pan:cl #'s Oil page The Audi(odRc:corder will rely DD lhe information provided m1 lhis form. The: scaff...-ill 11m read tbc documents to .. "Crifythe accuracy or completeness oflhe indn:ing informaiion provided bfftin. NOTICE OF ON-SITE SEWAGE SYSTEM OPERATION AND MAINTENANCE REQUIREMENTS Assessor's Tu Parcel ID#: 662340-0050-05 I. I/We (print) Thomas A. and Shirley M.Gough , are the owners of real property within King County, which is legally described as follows: THE NORTH HALF Of' THE NOR'l'H HALP OF TRACTS 5 PANTHER LAKE GARDEN TRAC'I'S, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 9 OF PLATS, PAGE.IS) 25, IN KING COUNTY, WASHINGTON; EXCEPT TH£ EAST -'O FEET OF SAID TRACT 5 CONVEYED TO tcrNG COUNTY FOR ROAD PURPOSES BY DEED RECO~ UNtJER. RECORDING NOS. 7917S6 AND 7204llDl02. 2. The above-described !Cal propeny is served by ao on-site sewage system (''OSS"). 3. The Code of the King County Board of Health, Section 13.60.005 establishes cenain responsibilities of the OSS owner with respect to the operation and maintenance of an On-site Sewage System, as follows A. The OSS owner is responsible for the continuous proper operation and maintenance of the OSS, and shall: 1. Determine the level of solids and scum in the septic tank at least once every three (3) years for residential system with no garbage grinder aod once every year if a garbage grinder is installed and, unless otherwise provided in writing by the health officer, once every year for commercial systems. 2. Employ an approved pumper to remove the septage from the iank when the level of solids and scum indicates that removal is necessary. 3. Cause preventive maintenance/system performance monitoring inspections to be cooducted aod any indicated service to be performed by an approved person at a mioirnum frequency in accordance with Table 13.60-1 unless otherwise established by the health officer or the sewage reView committee. 4. Operate and maintain all OSS in accordance with this title, with pertinent alternative system guidelines issued by the DOH [State of Washington Department of Health] and with the approved OSS owner's operating and maintenaoce instrucrion manual. S. Protect the OSS area including the reserve area from: a. Cover by structures or impervious material; b. Surface drainage; c. Soil compaction, for example, by vehicular traffic or livestock; and d. Damage by soil removal and grade alteration. 6. Maintain the flow of sewage to the OSS at or below the approved design both in quantity and waste strength. NOTICE OF ONSITE SEW AGE SYSTEM OPERATION AND MAINTENANCE REQUIREMENTS Page2 1. Direct drains, such as fooling or roof drains away from the area where the OSS is located. B. The owner shall not allow: l. Use or introduction of strong bases, strong acids or organic solvents into an OSS for the purpose of system cleaning; 2. Use of a sewage system additive unless it is specifically approved by the DOH; or 3. Use ofan OSS to dispose of waste components atypical of residential wastewater, for example, but not limited to, petroleum products, paints, solvents, or pesticides. 4, Note about Operation and Maintenance Program Fee: Rules and Regulations 02-01, amendment to the Code of the King County Board of Health, states, "At the time of sale or transfer of property ownership, the buyer or transferee of a property served by an OSS shall forward to the health officer a fee as set forth in the fee schedule and submit a signed copy of the notice on title as set forth in Section 13.56.054A." This fee is $40.00 per the Rules and Regulations 02-0 I, effective June 11, 2002. Dated this I 2... day of J " 'o ,/ (month) I '2.:0 I!, (year) STATE OF WASHINGTON ) ) ss ~) COUNTY OF KING ) On this I 2, T.!:I. day of S..., '--'1 · , a,O 13 , before me personally (month) (year) appeared Tl:+A":'A$ 4,,,? s41\l l'c;;v(r;..,_, and to me known to be I.be lndlvldualW-descrlbed herein and wbo executed the foregoing Instrument as hls/her 11heia: free and voluntary act and deed for the uses and purposes herein 1tated. Given under my hand and official seal this I ~T~y of ,,f...,._'j :;;.,o 13 STEVE KING STATEOF-aGTON NOTARY PUBLIC MVCCIUl88~~ IM-11-17 (month) (year) ~~· . Notary~ an~e State of Washingt Residing at r..., "'-"" •IA , ..,,., My Commission Expires Y I / Ip I 13:: I NOTICE OF ONSITE SEW AGE SYSTEM OPERATION AND MAINTENANCE REQUIREMENTS Page 2 7. Direct drains, such as footing or roof drains away from the area where the OSS is located. B. The owner shall not allow: I . Use or introduction of strong bases, strong acids or organic solvents into an OSS for the purpose of system cleaning; 2. Use of a sewage system additive unless it is specifically approved by the DOH; or 3. Use of an OSS to dispose of waste components atypical of residential wastewater, for example, but not limited to, petroleum products, paints, solvents, or pesticides. 4. Nole about Operation and Maintenance Prognm Fee: Rules and Regulations 02-01, amendment to the Code of the King County Board of Health, states, "At the time of sale or transfer of property ownership, the buyer or transferee of a property ,erved by an OSS shall forward to the health officer a fee as set fonh in the fee schedule and submit a signed copy of the notice on title as set forth iu Section l3.S6.0S4A." This fee is $40.00 per the Rules and Regulations 02-0 I, effective June 17, 2002. Dated this ...ifL day of_°J.,.'-'414:,=,----_,,,;lc..O=..alL..3""'--~ (moni-,;;-1 (year) ,liw~ ~ ( 0wn1, 's signalure) ---(Owner's signature) STATEOFWASHINGTON ) ) ss COUNTY OF KING ) On this IO th oJ QI 3 , before me penonally tyear) appeared and to me known to be the indlvld al(s) desc herein and who executed the foregoing in,trume11t as bis/her/their free and voluntary act and deed for the u .. , and purpo ... herein slated. Given under my hand and official seal this .l..(:i!\!ay of-1\.,\u..1.»i\.1.4-1----~· (YO I 3 -..J (month) (year) MARJORIE A. GOEDECKE NOTARY PUBLIC STATE OF WASHINGTON COMMISSION EXPIRES SEPTEMBER 19. 2015 -~· - I/ ~· OIL AND GAS LEASE->• ................... , 1967 ············-···· RAYMOND .E. o!Am-_.and .. BLVA_K, .. DEA.cY, ... hJ.r1.wiJ;~- ····----··l.8825. ...... 1.0Bth .. S. ... E... __ .lient.cn.1-.--'M:t:J.ll. ................. _______ ··--·-········-·--·· .. J. Q. ANDERSON". ____ -lie,i:elnaftcr called Leasor, ............ ...l!oremalter called Lessee . 1. Leasor, for and ia oonsidetatlon of Im ($10.00) doll1m1 and other .eood and valual;ilo oomider&tion, thc receipt of wtdt;:h jg hereby ~ ~ covenants and ap,cmmrs hmm colllaincd. doel grant, demise, lemc, and let cmudvdy unto Lemseo, foe tho pu:i:poac IIDd with Clclusivc ri&hi of exploring by geophysical and other mctbod&, drilling and opentimg for and~ therdn:,m, oil, liquid bydrocamom, all gum (including without limitation, bydropn IUlfido pi), and their respective COllltltaent prodactli, with lhe cxclmlvc right of injecting wat«, brine IIDd pthet Bukb and sa-into ltlbmrf110e strata, with rlgbta of way and ~ for laying pipe lines, tBllb, roadways and fixture. for produclog, aavio& m:atmg and cllfio& for auch produeta, and any and all otm: rigbll and privilcgca neces.,uy, ~dent to, or eonvcnlcnt tor the economical opentio!I, alone or eonjoJntly with ncigb.boring land, on uid land for said purpoaea, and upon the tmrma hcrclllafter pro- 'rided,. all that cmain and 9lta.atcd In the County of ICINO, State of WASHINGTON, described &1 foDowJ. (hemn called. "iiaid land"): The South \ of the North 1' of Tractl!I 5 and 6 of Panther Lake Garden Trac.ts, as per plat recorded in Volume 9 of Plata on page 25, recorda of Ki~g County, Waehingtml, EXCEPT the Bast 30 feet of said Tract 5 conveyed to King Countv for road .:iut1>0Se6, N-i~ •ll)' ~ to:, lhl conll'QY -,ulMd ......... dalo ..... -.I ..U ripm ........, IO 1-............... ap....ly 1bnkM1 to the,. 4llptlu 1""'8 W-ffl hun4Nd C,00) fM Wow ti. oun-of rho 1-.:lo "-'riW bonlt, 1111d U- ohoS DCC baM the rip: llo -"I'-~ a of oud ~ :hon Mid depth. )1'17q::! !'or the pwpoae ot aetemliDlDg lbc amount at any money paymem llUeun<ler, said land Slla.Ll be oonsidMed to comp,Jae ........... ;J., .. C. .... -.. -. 2. Subjed: to the other provl1iom btmin ~ed. thb kase ,hall be for a tmm of five years from thl5 dato (herein c:aUed "primllIJ tmo") aad as long 1hereafttr u oil or gei; ill or can be produced from Ill.id land ~er. or as loq • ' thereafter 1t11 Lessee shall ooodoc:I: drllling, redrillhl&, decpeDiDg, mining, producing, remedial, or othu Dpln1:iana hereunder . and during the production of oil or gu reault:ina tbcrtfrom. 3. (A) The le5see ihall pay to tbti ltlssor one-eighth (W.) royalty of the marut price fOf oil of like grade aod gravity prevailiog in the fieJd wbcre produced OC1 !he day ruch oil iJ nui into the pipe line, or iDro 1tmage lllnb. (B) The 1-e shall pay bsor, uroyahy, OllO-dghth_(Mi) of the proci:ed, from the saltl of the pa, 11 ncli, for gas from wells whem p only is found, and where not used or sold ah.1111. pay Fifty ($50.00) Dollars per .!IIlllum. as royalty from eaeh ,ucb well, and while such royalty is ao paid such won aball be hmd m be a produciag ~11. Tbtl 1-or to have gas free of charge from any gas wen oa the lea.ed p,emise8 for atove8 and inside ligbb in the prlocipal ~ bowie on said laud by mating his 'OWD. connectiom with the -U,. the me of said gas to be et the leuoc'a 80lc risk and npen~ (C) To pay 1-for pt produced from any (IJ.I wml and 1Ued olf the premi8ee or in the~ of gasoline or IID)' other product B royalty of Ollc-dgb,tb (;ii) of the marbt value, at the mouth of the wc11,. payable moolhly 11.t the prevaWng market price. 4. On or bclore one you from Ibis date kuce ahall citbcl eommenee opn.ti.Dns for the drilling of a wdl fur oil or gu on r.aid land or qaitdaii:n and rurren.d« this lehe; or if lcuee hat not commeaced opuatiom for tbc drlllia& of a wdJ. ~~-.~~ .. :.~!i~~a~J:ti_~~.3.t.~~~1;:8~-~~t~~!!~_: .. ~-~~~~~.~-: or its ~ or IIIKXlCIIOl"I, which bank and it& su~ are ltuor's agentll and which lhalJ. CODtlaue u the depoiitaey- regardleu of cban.gell in ownenbip of the land, the SIIU1 oi ........ _.~o.--&nd...JlO/.l.00. .. d~ ... _. ___ ._ Doll.an, whL:lb. llhall operate u a rental and oover die pririlegc of delening the l'Y'IDOllt of operadollS fur the drilling of a wdl for one yoar &om said date, 811d shail CODt:in.118 tucll payments until operaliom foe tha drilling of a wen an, COlilDlenced or this leue tenninatcd. And it iB undtlntood and agreed that tbtl oonsidentiCll flnt recited ben:in, the down payment, coven not only the privilep. granted to tbe. date whcin nld rental is payabltl u aforegald, but aleo the lessee's option of txteGdlng that period a.i. llforesiud, and any and an otbm-right, eonwre<I. All pa)'DMID.tl or mndcrs may ba made by check or draft of lessee or any aalignae thereof, malled or deliw:md m or before the reataJ. p111yhlg date. Lesaoo may lllt my time eMCUtl!I and deliver to kaor « place of record a «lease or 1'UQe5 covcrlna any portion or portions of lbe above dscrlbl!lcl pmnul8!I and thmby 1llfflllld8r this leue u to lllCb pc,rtion or pgrtiom and be relieved of all oblifations u to the aacage mrrendetlid and ih~oafter the nmtalB payable bareundl!lt dllll. be 'ffiiuoed lit. tho pro- portiou that tbc acreage ~ hcn::in ill mdw:ed by aald reloa3c or rcleue&. Not'IIJididandlng the doalh of the, bsor, or bis Bl100l!IUOJ: in inti:rre.t, the-payment or t8Jlmr of fl!llltall in tbe manner provided abow lhsll ha binding oo the bdrl, devisce&. mtclltllII aIJd adminlstraion of. BUCb penom. !I. If .at my time prior to the dlltlOYa')' of oll ot gas OIi l8id lB.nd and durloa the term of tlm leuo,. the I.-lbaill drlU a dry bofo or hole&. on said land,. toi1 Jeuc ahall not terminate, provided ~ for the drlllhl.1 of a fmtber well APR 26 l9o7f .,_ • --=~r -.,.-1' a . (i:,;·,,~ijuual sl.;~-,J . ----.. -·--.-~ ·----·----' 8hall be <XlflUlleDCtd within 12 month! from the expiration of the last rental period for which :re.ntal has been paid or pro- vided the l.e35ec, on or before the cxpitatlon of said 12 months begins or resmoes the payment of rental& in the = and amount hetcinabove provided; and in this C'ffllt the preceding section hcreot governing the pa)'lllcat of rentals 800 the lllBDDCT UJd ~ect tbereo.1' 1ball contmue m force. 6. In cue 1aid Lessor OWIIII a leaa Interest in the above described land than the entire and WJdivided fee simple estate r') therein then the royallms .a:nd untah herein provided for $hall be paid the said Leasor only :in lhe proportion which hi1 ~ interest bclfll to the whole and 1mdivided. fee. However, such ICIJlal shall be increased at the 11at ma:eeding nmtal ~ llDnlversary after any reversion ocean to cover the interest so wtuircd, 7. The Lcs8ee lhall bavc the right to UK, lice of cost. gm, ail and water found on md land for its operatloo -..D lhenoon, except water from the wells ot ihe Lessor, Wllffl required by Lmsor, the UQee aball bury its pipe lines below plow depth. No well thall be drilled dearer than 200 feet to tbe house OI bam now on liBid prmu9C$ without written =- sent of the Lessor. l...caDe mha.ll have the right at any time during, or eftcr the expiration af !big icase to remove all machinery, lb:tul'C8, houses, buildiop ll!ld other rtnlcturcs pl&l:ed an &aid premises, including the right kl draw aod =ave all casing. 8. i..e-mall pay to Lessor the market value fm all crops which may be destroyed during 11.ny of l...c:uc,e.'a operations. Followina the abaodomnent of any well drilled on the leased premises, Les&ee agi'ee!I lO promptly fill in ell !IIIDlp hole9 or other CJ(CaV&tions, to removi, all driiliog mud 1U1d other dcbri3 and material occasioned by Lessee's drilling operatiDIIIJ and Iestore the surf'Qce of the land to a reasonably clean and uncluttered condition, 9. 1f lhe escate of eithcr party beteCO m ualgned (and tht: privilege of ll!Signing in whole or in part is expree&]y allowed), tbc oovenantll hereof 1ball exw.nd to the heir&, dcviseu, executors, adminimaton, SUCCC!l$0U, aud assigna, but no chllllge of owners.hip lll the land or in the re.11.ttls or royalties or any sum due UlldeI tbii leue shall be bindin_g on the Lenee UD1il 30 days after it has been fomi,.hcd with enhcr the original m:.orded imtromc:nl of oonveymce or a duly c«tified oopy tbeieot or a certified copy of the will af any deceased owner aad of lhe -p10blte thereof, or oertified c.opy of the proceedings lhowing .appointment or an admlnistn.tor fm the estate of any·dcccased owner, whiche"8T is appxo- pri.ate, topthtlI with all original recorded instrumeob of conveyance or duly certi1ied copies thereof ncice&s:aey in sbow.in.g a complete chain of title back to Lessor to the foll intCffl!t cJaimec:I, and all advance paymenta of rcotali made hc:Runder befO{e receipt o! ll8id documents shall be binding Oil any dkcct or indinlct llS'!iignee, gnmtee, admillimator, executor, or hmI af lasor. 10. If~ leased premisea arc now or lhall hmeafter be owned In BCVCr8lty or in 8Cp8Rle tracts, tbc premises never. tbelem shail be dewloped and operated aa one leale, and all roya.lties accnaiDg bcrcunder shall be tmlted a an CDtimy and shall be divided among lllld paid to such separate owacn in the proportion that the .crea,gc owned by each separate owner beara ta the entire leased acreage. 1bCJc shall be no obliplion on the pert of the I.a,,ee to offset wells on separate lraclll Illto which the land coverod by this l~ue DllJ be hereafter divided by Ille, deYi&c, descent or otbcrwiae or to fumim separate meamrin.g or rocohing tanks. It is herniy agreed that in tho event this IC8IC: &hall be aaig:u.ed as ta a part or as to parts of Che above described land and the bolder or OWDm" of any such part or pam shall mate default in the paymmit of the proportionate part of the rent doe from him or them, sucli default rdial.l JJot oporate to defeat or affect thil lease insofar as it C°""8 a pert of said llll1d upon which the Lessee or any auignee h=f dmll make due payment of. said rent..h. 11. Leasor hereby warranta and agrees to defend the title to the land beitin described lllld agrM11 that the Lessee, .at its optiOD., may pay lltld discharge in whole or in part a.o.y taxes, martparti, or other lic:m IWStlng. lemd, or aueaed on or .against the abow descrlbe.d lands :and, in the C'IC:llt it exercises rrucb opti011, it 1haI1 be trubrogated to tbe right! o.f any holder ot holden thereof 1111d may reimbunc melt by applying ta the discharge ot any mch mortaage, tax or other lien, any royalty or rentals accruing hert:undCl', Lessor fwtbet agrees !hat any inlCU!;( or title to ,ak!. land acquired by Lessor after the date bei:eof shall be mbject to thir;; lease to the lllllle uten1 .as it said intcresl or title had t-n held by l.csaDI' at the date hueof. In sucb event ~ IIIIXJIIIlt o.f Iffltal payable berelllldcr shall be .approprialdy adjumd at the next ensuing rental datt, after Lessee 1w been ad-riacd of rrucb after acquired title. 12. Notwithstanding anything in this lcaae contained to the coutrary. it ill aprcsaiy agreod that if Lessee &hall com--= operations lot (!rilling 11 any time while this lease is in force, tha lease aball remain in f«ce aDd its terms shall cantimie so Jong as operatioos arc condnuour.ly pro!iCCuted and, if production results tberetrom, Ihm u long 1111 produi;:.. tion oontin11es. ~ u,cd in thb loaae oontmuoudy prDSIICUted sh.all mean that not JilOJ'O than thirty days sbail tlapse without operetiona on lilly well or that not more tban niDely d&y:1 shall elapo between the completion ot abandonment of 011C well and the beginning ot opcntiam for ihe drllling of .a 1ubaequen.t well. 13. If wlthin the primary tmn of lhis ICBSC, production on lhe leased premisc:s lhaII cease from ny elUSC, thls Joaac shall not ~nate provided operationi fO£ thc drilling af a well shall be eommencrid before or On the IIMt emuin.g fflltlll payi.llg date; or, pmvided Leaec bcgina ox fflll!IDC!i the paymmrt of rartals in the mllilDCC and amount bt.m.nbdore pro- vided, If, after the expjnition of the primary term of this Jeue, production on the Jc,ased prcmiaet mall cease from any cause, thi!l lea11e ,hall not terminate pmvided Leuco resumes oporation& for drilling a -11. within mty daye. front SDCh ccasll.DDll, and thia lease sha.U remain in fora: during the prm«:woll of lll(;h opcralionJ and, if pnxhx:tii:m JC&Ults there- from, then 1111 lon_g as production coatinues. 14. Leasee may at any time gprrendcr or c.ancel thi~ !cue in whole or in part by ~wrbiJ or mailing 8Uch 1Clease to the Lessor, or by placing same. of rword in the propel county. In ca&e aald leue ill mrreadcrcd. and caoceled. as to only a porti.o.n of the ecreage (:Ovcred then:by, then all pa)'Illents and liabilities thereafter accruing undl!lr the tarms of Jald lease as to the portion eanceJed shall ceuo and determine and any mstals thercattcr paid may be apportioned on an w:reage basis, bul u lO the portiaJl of the IICfCl&t not released tb11 t=m md proviaions of. this leue shall eootinue and =i:iain in full lnrce and dl'ect for oil pu~. 1S, ThiJ leue lihall not terminate aa e. result of lllly faihue of lessee to perform any of Jessee'• obligatloD1 hereunder unlc.31 the leasot shell R:IVe writteJl notice on lenee specifyiJJJ the ddsult,. and lOOllld 11111sec fall to begin to remedy such de&ult within sixty (60) days afl!il: U<1Cipt of such written notice from the JeMor IC! to do, lhen thl1 lease shall, at~ wrltum election of tbc leaor, ceue and terminate as to all of lbe !cued WI.&, excoptiDg a parcel of forty ( 40) aaea 8\H· rounding each produclJJs well or aay well cucnntly drilling on li:saor's land. Failutt: by lestee to comply with llllY ot all APR 261957 of the mmu uid provisions of this leaae ahall a.at romtitutll a di:ifauh or forfeiture of this lease if said faihzre ill caused by action of lbe elemllllts, war, or ac11 ot ~ bodies or 9.&Mclea, All pzovisions hereof, cxpreas i>t implied., shall be subject to ell federal and lltBte laws and the orders, rules, or regulation• (and lntmpa,111.tlool thCJCOf) or all govemmeuta.l agtaJC.ios administoring-the 1111me, and this lease shall not be in any way termlnaud wholly or partially JJor shall tile Lessee be liable in damages for failum to .::omply with any of the e.xptta or implied "1CNWmlt bereo.f If IUl'.lh failure accords with any RWh lawi, orders, l'l1les O£ ~tions (ot intorpteta.tlons thereof). If~ lhouJd be pr6ventkldurin11 the last aix months ol !hi: pdrmuy term hereof from drilllng a well hereunder by tho order ol aay conttitntcd authority having jurisdlctlon tbcreo\'cr, or if Lcace should be tlDable duriaj sald period kl drlJl a well he.reundct due to eqirlprnmt mx:es.sary in tbc drilling thereof JIOt boing avalle.blc OJI. aCC01111t oI any cause, lbc primuy tonn of lhia lease shall contintte of the terms and provisions of thl& kalle shall not constitute a di:.fauU or forfeiture of thil kase if Rid failore ii-caused by action of the clements, war, or acts of g(l'YenuneDtal bodica or agencies. All provisiom; hereof, expre&S or implied, shall be subject ta all federal and lltate laws and the orders, ruleJ, or regulatlons (and ~atiom thece.o!) of all governmental a&encies admiJlisttring the same, BOO this lease shell not be in any way tmminated wholly or partially nor ,hall the Lessee be liable in damageJ for failure to comply with any of the express or implied provislom hereof if 1uch failure aooords with. any such laws, orders, rule& or reguJetions (or intMpretationl thcn:o!). If Lessee lhwld be prevented duting the last si:.r: months of the primaiy k:mJ. hereof from dn11ing a well hereunder by the 01der ol any comtitutcd authorily having jurbdiction therwvcr, or if Lcuee should be unable dw:ing said period to drill a~ hereondu due to equipment necessary in the drilling ~ not bemg avoilable on a<>.:.<JW'lt of any cause, the primal}' tmn of Um )ease shall continue until W: months after takl ozder is suspended and/ or taid equipment is available, bnt the Lesaee shal1 pay delay rentab herein provided during such emmded time. 16. l.esi;ee &hall harm the risht aa to all or any of the land herein le&1ed, to oombine the kasehokl e,tate and Lcsaor'1 mineral md royalty estate ereatcd hereby with auy otbu leue or leases, l(lyalty or mioere.1 eatate or estates, in or under ...0 any other tract or tracts of land, whether owoed by Lessor, Lessee, or another party and thereby crui~ cme 01 more pool- ing areu of approximately forty-two acn:11 u to 011 or aix hundred sixty acrt:1 as ta gas in any poolimg area. If spacing ugulations ot any state or fedmal agency purportedly bavin&: jurisdiction !hall prescribe a spacing pattern for orderly developtoent or for the aequis.ition or use of material and equipment OI" for pemrlssion to produce a =ll oc ail.ocate 11. pxoducing allowable bwd on acreage per well, then the poolmg area bCff.lll <Xl!ltemplated may have the maximum rurfll.CC acreage content 9(1 prescribed or alloc:.ated, in effect 11.t the time of Le!isce'a designation of any rmcb UK evea thoua)l aucb pooling area may elfCC&d the abow apccified aereage; each pooled are& lb.all oomprise a single contiguow; tract of laud. li Ullee shall create any such pooling area it thall promptly :fi.le in the appropriate county m:ord1 a written deaignation of 1uc.b pooled area. and describe the several tract! of land combined there.in. ill computiog royalties on production from any pooled are.a created hereunder, Leuor Jhall receive 11.nd will accept, tvtll though gucJi prodllctioo bo not obtained fIOtn any land subject hereto, royalty equal to ,ucli. portion of e. one-eighlh royalty as the number of actts of this le:ase included in any 5UCh pooled area bean ta th11. total number of acres in the respective pooled a:i.n; such portion of said one-eighth royalty !hail be paid in the lDllDlH:I' and under the same IXIDditiona as other royalties may be payable to Lasm-, and &ha.II be in lieu of any other royalty which would otherwise accrue lo l..eNOl" hemmder on account o1 p?oduction of oil or gas fmn any part or parts or land heteln de8cribed which may be inchided in any pooled 8ml created pumuurt hereto. The conduct of drilling or producing operatl011S at any place within 11ny pooled uea aball constitute 11.t all times full oompliaoce with and performance of all developmmt, drilling and producin!: obligatione,. exprcssed or implied, 1IIlder thi.t leue, b11ofar Ill they occur upon or affect 1Mj)ectiv11. tracta compriam& part or parta of the pooled area, and lhaD alto COilSl.itute development, drilling 01 producing operatiom afrecting all lands under thb leuc, and no obliption& either expmi-1 or implied shall be imposed upon Lcliee aa to any lands in any such pooled area or u to lands adjoinm& such pooled area v.iJae the well dte is or bas been fixed dsewhcre by 800h state or federal IIJJIICing nsgulatiom, DOtwithscanding that at any tlm.e ot from time to time aaid rqulationB or any of them mity be amm:idll.d, ~oted ot caneeJJed. Lc89ee flail not be liable to any party fl:)r reduction of acreage contm:it within a pooled area resulting from loss of it6 title or for any c.11.w;e beyond lb control, nor ahaD Lessee be oblipkd to make any retroactive a_pportionment ot any royaltle$ or miru; paid on production in the CVC1Dt of imy mloc:tioa. in 8CffilP rontrnt. If and when 1msee lhall vohlntarily surre.iulei-ilti rightll in any pooled area, all rightB aa.d obligatiouti therein created pursuant to the pooling proYision hereof lhail tenni- nate as 10 aU perties participating tbetem. 17. For the considentiOII paid 11! the time of exll.Clllio:n hereof and without any .additional considenltion to be paid tbcn:for, Les&or berebJi gnmb to 1-e, it5 suc:ccuon and assigns, the exclualve right, for the durmon of tbi.t leu~ and as long lhercaftcr as such risbt is CJ1mci511.d, to use for lhe 8lorllgc of natural gas or ll.quc:6ed petrok:wn gas any and all depleted oil or gall zottes and zoocs not containing oil 01 gas in paying qnotitieli midcilying .aid la:nds, and for this purpose any and all abandoned wells in said land may be reopened and resior~ to operation 1111d wells may be drillod therein for the purpose ot introducing and storing natural gu N liquefied petrokum gm in such ZOne11 end w::overln& the same therefrom. Fot the storage rights herein granted ,md in lieu of all rentals and royalties. lot the right to produce or for the production of ,1ored natural gas ot liquefied pll.trOll,um pa from. &aid lands, Lessee sha1I pay Lessor 11D IIDDDal :rental of tell (Sl0.00) dollan pi,r acre, in advance, eommeocing with the date of use of any zone for llmage purpo&e& and for so long theJ:caftc:r u sud:i right is t.lletci-1. Lc:sst,c Bhal1 give Lessor written notice of fu intent to 11R1 said lands for lhe storage of natural gas or liquefied petroleum JIii. Any surrender or termination UDdm: any othm provision of this leuo thall be effective notwilhlltandlnt: the tact that Lenee ill and by stieb smreoder or termination reservea the right granted under tbls paragraph, and regardlees of sncb B11rrender or termination tbc right granted wxler this paracraph aha1l con- tinoe fl:)r lhe ter:i:n Iierem.bove a:ranted in this paragraph. This Joase and an its term.a, conditiona, and stipulatlob9 thall e,;tend to and be binding on all sl.lCCe880t8 of said Lll.8sor end Lessee. ,i~"<"Sl. ·~ f.d.tmitJllfl .G..~/agl.,C .. .. ,.;:7fi!.t{~~=- no, o.ter An. B.ltenfidd, callfoml1 ~3301 APR 261967/ . Ii \ \ CHICAGO Tl'llf ltlS. CO~ REF# /6, ;J 2 t/: ~ a(., Recording Requested By: Mer Recording Re/Um to: UMPOUABANK 1111 Thirtl Avenue, Suite 2100 Seattle, WA 98101 Attn: Sheneil Kliewer • II I I lllll 11111111111111111 20141014001092 CHICAGO TITLE DT 322.N PAGi-881 OF 134 19/14/2814 14:~ KING COUNTY, MA nuMPQUA -B·A·N·K DEED OF TRUST, SECURITY AGREEMENT, ASSIGNMENT OF LEASES AND RENTS, ASSIGNMENT OF CONTRACTS AND PLANS, AND FIXTURE FILING (Washington) Grantor(s): GREENLEAF-LAROSA LLC a Addltlonal on page_ Grantee(s): Trustee: CHICAGO TITLE INSURANCE COMPANY Beneficiary UMPOUABANK a Additional on page _ Legal Description (abbreviated): Portion NE SW of Section 32-23-5; and Lot A of City of Renton LLA #14-000190 l!l Complete legal on EXHIBIT A Assessor"s Tax Parcel Identification No(s): 322305-9123-03, 322305-9344-06, 322305- 9273-01, 322305-9146-04 and 662340-0054-01, and a portion of 662340-0050-05 and 662340- 0053-02. Reference Nos. of Documents Released or Assl ned: Not licable. Loan No. 70030691 NOTICE TO RECORDER: THIS DOCUMENT CONTAINS A FIXTURE FILING AND SHOULD BE FILED AND INDEXED IN THE REAL ESTATE RECORDS NOT ONLY AS A DEED OF TRUST, BUT ALSO AS A FIXTURE FILING. CDnslnJdion /Jeedof frus/ (WA) -loan No. lll030691 NO: 20411n1D06 4331-8141-5351,1 Page 1 20141014001092.001 • • THIS DEED OF TRUST, SECURITY AGREEMENT, ASSIGNMENT OF LEASES AND RENTS, ASSIGNMENT OF CONTRACTS AND PLANS, AND FIXTURE FILING ("Oeedof Trust') is made as of October 7, 2014, by and among: Grantorfl rusto~ Grantee/Trustee: Grantee1Benefic1arv: GREENLEAF-l.AROSA LLC 846 108th Avenue NE, Suite 200 Benevue, WA 98004 CHICAGO TITLE INSURANCE COMPANY 701 -51h Avenue, Suite 2300 Seattle, WA 98104 UMPQUA BANK 1111 Third Avenue, Suite 2100 Seattle, WA 98101 Attention: Sheneil Kliewer Grantor/Trustor is referred to herein as 'Borrower" and Grantee/Beneficiary is referred to herein as 'Lender.. Notice to Borrower: The Note secured by this Deed or Trust contains provisions for a variable interest rate. ARTICLE 1. GRANT IN TRUST AND SECURED OBLIGATIONS 1.1. Grant in Trust For good and valuable consideraUon, the receipt and sufficiericy of which is hereby acknO'loiedged, and for the purpose of securing lhe lull and timely payment and performance of the Secured ObligaUons defined and desaibed in Section 1.2 for the benefit of Lender, Borrower hereby irrevocably and uncondilionaiy grants, lransfers, bargains, conveys transfers, sets over, and assigns to Trustee, in trust and the uses and purposes set forth herein forever, with power of sale and right of entry and possession, and grants a security Interest In, all estate, right, title and in18rest lhat Borrower now has or may laler ee11ulre in and to the follo..;ng property (all or any part of such property, or any interest In all or any part of It, as the context may requira, the "Collalera/j. which Collateral Is not used principally for agricultural purposes: 1.1.1. Land, Appurtenances, Easemems. Thal certain real property and all interests therein located in King County, Washington, more particularly described In EXHIBIT A attached hereto and iocorporated herein by this reference, togelher with all exiSUng and future easements, access rights, appurtenances, privileges, licenses, heredltaments, franchises and tenements, including all waler stock and waler rights owned by Borrower and all minerals, oil, gas, and olher commercially valuable substances that may be in, under or produced from any part of such real property (collectively, lhe "Lmd1; 1.1.2. Improvements. All buHdi,gs, structures, and improvements now located or later to be constructed on the Land (lhe ''Improvements"/; 1.1.3. Related Real Propeny and Improvements. AU real property and improvements on h, and all appurtenances, permits, plans, licenses, subdivision rlllhts, contracts, contract rights, and olhar property and interests of any kind or character, including al water and sewer laps belonging to or In any way related to or appurtenant to lhe Land or Improvements, whether described in ExHIBIT A or not, lhat may be reasonably necessary or desirable to promote lhe present and any reasonable future beneficial use and enjoyment of the Land and Improvements; COIISl!UClion 08eJI of rtrJSt twA) -(OM No. 7003lJ69> NO: 20411.0100& 4831-e1~7-5356Y1 Pagel 20141014001092.002 - 1.1.4. Leases and licenses. Subject lo the rig his of Lender under Article 3 hereof, all existing and Mure leases, subleases, sub-lenancies, licenses, occupancy agreements. and coocessions relating to the use and enjoyment of al or any part of the Project (defined below), wr!ten or oral, now in existence or hereafter arising, and extensions or renewals thereof, logether with the righ~ power, and authority of Borrower to alter, modify or change the terms theieof or surrender, cancel or tenminale the same (the ·1eases1, and any and al deposits, guaranties and other agreements relating to or made in connection with any of the Leases: 1.1.5. Goods, Materials, Fixtures, Etc. Al goods, materials, supplies, chattels, furniture, appliances, furnishings, f1J<tures, equipment, Inventory, general inlaiglbles, and machinery now or later lo be allached to, placed in or on. or used in connection with the use, enjoyment. occupancy or operation of all or any part of the Project, whether stored on the Land or elsewhere. all of which shall be considered to the fullest extent of the few to be real property for purposes of this Deed of Trust 1.1.6. Construction Materials and Equipment. All building materials, equipment, work in process or other personal property of any kind, whether stored on the Land or elsewhere. that have been or later will be acquired for the purpose of being delivered to, incorporaled into, or installed in or alxlu1 the Land or Improvements: 1.1.7. Bolrower Funds. All of Borrowe(s inlerest in and to the proceeds of the Loan or any Related Loan (defined below), whether disbursed or not an present and future monetary deposits given by Borrower to any public or privale utility with respect to utility services furnished lo the Land or Improvements; and all accounts maintained by Bomower with Lender or any subsidiary or affiliate of Lender, Including, withou1 limitation, any interest reserve accounts, tax and insurance impound accounls, and any other accounts established in connection with the Secured Obligations; 1.1.8. Rent, Issues, and Prolils. Subject to the rights of lender under Article 3 hereof, all income, rents, security or similar deposits, revenues, issues, royalties, profits, leases, earnings, products and proceeds of the Land or Improvements, together with the right, power and au1hority to collect the same, Including, without limitation, al rights to the payment of money, accounts. investment property, accounls receivable, reserves, deferred payments, refunds. cost savings, any award or other payment that Bomower may become entitled to receive wilh respect to any of lhe Leases as a result of or pursuant lo any bankruptcy, insolvency or reorganization or similar proceedings involving any tenant under the Leases. Insurance or condemnation prooeeds, payments and deposits, (including all earnest money sales deposits and all utility, tenant. escrow and security deposils), advanced payments of insurance pram iums, contract rights, development and use righls, governmental pennits, fees, deposhs and licenses, · applications, architectural and engineering plans, specifications and drawings, as-built drawings. chattel paper, instruments, documents, notes, drafts, and lellers of credit and related rights (other than letters of credit In favor of Lender), that arise from or relale to construction on the Land or to any business now or later lo be conducted on it or to the Land and Improvements, whether now due, past due, or to become due, generally Including. without limitation, any proceeds from the sale of any lots comprising the Land and any Improvements constructed thereon, and any deposits on account therecf, and also all proceeds of the voluntary or involuntary conversion of any of the Land, Improvements, or the other property described above inlo cash or liquidated claims, Including proceeds of all present and future insurance policies and all condemnation or eminent domain proceedings, and all causes of action and thair proceeds for any damage or Injury to the Land, Improvements, or the other property described alxlve or any part thereof, or breach of w.11anty in conneclion with the construction of the lmprovemenls, including causes of action arising in tort, contract. fraud, or concealment ol a material fact (collectively, the "Rents, Issues and Profitsj; 1. 1 .9. Contracts and Plans. All contracts of every kind relating lo development construction, marketing, and sale of the Project, including. without limitation, any constructlor contracts and Constnx:lionDeedofTtvst (WA)-Loan No. 1()()30091 NO: 20411.01006 4331-8147-535ewl Page3 20141014001092.003 subcontracts, ccntracts wilh archnects, engineers, and other service providers, supply ccnbacts, ccnsumng agreements, financing ccrnmitrnents and agreements, joinl development agreements, service and maintenance agreements, marketing and listing agreements, lot reservation agreements, and purchase and sale agreements, and any other existing and Mum ccnlracls of any kind relating to lhe Projec~ together wilh all deposits, escrows, payments, or other proceeds !hereunder, as ..ell as all existing and future amendments, modifications, and supplements !hereof (ccllectively, the ''Contracts;; and all des9ns, drawings, plans, specifications, trademarks, logos, and other work product prepared or lo be prepared In connection with the developmen~ construction, marketing, and sale of the Project (as defined below), together with all existing and futum amendments, modifications, and supplements lh8/IIOI (ccllectively, the "Plans'); 1.1.10. Miscellaneous Personal Property. Any and all peraonal property of any kind Y.11alsoever, Y.11ether tangible or intangible, that is used or will be used in ccoslruction of, or is or will be placed upon or is derived from or used in any connection ..;th the use, occupancy or enjoyment of, the Land or Improvements; 1.1.11. Rights of Declarant All of Borrowers right, title and interest il and lo any and all units, ccmmon elements, declarant rights, development rights, and any other rights relating to the Land or the Improvements, Y.11ether now existing or subsequently arising, under any and all ccndominium declarations, covenants, ccrditions, and restrictions, development agreements, or other agreements or declarations now existing or lalsr executed relating to the Land or Improvements, and all laws now existing or later enacied relating to lhe Land or Improvements, including, without limitation, those misting to oordominiums, and all rights of Borrower in connection with any homeowners association, ccndominium association, architectural control committee, or simiar association or oommit!ee, established in connection with the Project, Including Borrower's rights and powers to elect, appoln~ and remove officers and directors of any such associations or ccmmittees: 1.1.12. Additional Property. Any addnional personal property otherwise set forth herein or listed on any UCC-1 financing statement filed to perfect Lender's security interest hereunder: 1. 1.13, Additional Property of Single Purpose Entity Borrower. Any of the following addnional persooal property of Bonower, to lhe exlent not included in any of lhe property described above, Y.11ether or oot located on the land: all inventory, equipment, accounts (ilciuding, without limnation, all healthcare insurance receivables), chattel paper, instruments (including, .,;thout limitation, all promissory notes), leller-of-aedit rights, letters of cmdit, documents, deposit accounts, investment property, money, other rights to payment and perfonmance, and general intangibles (including, without limitation, all software and all payment intangibles); all aHachments, aocessions, accesscries, fittings, increases, tools, parts, repairs, supplies, and commingled goods relating lo such property, and all additions, replacements of and substitutions tor au or any part of such personal property; and all supporting obligations relating to the such personal property; all whether now existing or hereafter arising, whelher now owned or hereafter acquired; 1.1.14. lloolts and Records. AU bocks and records pertaining lo any and all of the property described above, lnctudi'lg records stomd on ccmputer madable media, and a limHed sublicense to use the ccmputer hardware or software necessary to access such records ( "Books and Reconis1;and 1.1.15. Proceeds. All proceeds ol, suppOlling obligations tor, additions and accretions to, substitutions and replacements for, and changes In any of lhe property described above. The Land, Improvements, related real property, and a! personal property now or hereafter installed on or used in connection with the Land and/or Improvements are collectively mferred to herei'I as the "Prqject. • The Project ccnslitutes the bulk of, but not the entirety of, lhe Collateral. Constnx:tion Deed of rrust fN/V-1.oan NlJ. llXJJ0691 ND: 20411.01(05 4131-8147•5358v1 20141014001092.004 1.2. Secured Obligations. Borrower makes the grant, conveyance, transfer and assignment set forth in Section 1.1 and grants the security interest set forth in Sectioo 2.1 for the purpose of securing the foUowing obligations (the "Secured Obligations') In any order of priority that Lender may choose: 1.2.1. Promisso,y Note. Payment of all obligations at any time owing under that certain promissoiy note payable by Borrower, as maker, to the order of Lender or order, executed concurrently herewith (the "Nole'), evidencing a loan from Lender to Borrower in the maximum oulslanding principal amount of Five Millon Nine Hundred Fifty Thousand Ninety and 00/100ths Dollars ($5,950,090.00) (the "Loan'), together ..;th interest thereon at a variable rate and any modifications, extensions or renewals thereof, whether or oot any such modification, e,tenslon or renewal Is evidenced by a new or addltlooat promissory note or notes: 1.2.2. Loan Documents. Payment and perlonmance of each and every other obligatioo of Borrower under the Note, this Deed of Trust, any construction or land loan agreement executed in con;.,nction therewith, alt other documenls evidencing, securing, or otherwise governing the Loan (specifically excluding, however, for purposes of establishing the Secured Obligations, any obligations arising under any guaranty of the Secured Obligations or any lndemnlly agreement (each an ''Indemnity Agreement') relating to the Loan or Collateral), and any and all amendments, modifications, and supplements thereto (coTieclively, the "Loan Documents'), the provisions of which are incorporated herein by this reference; 1.2.3. Related Loan Doc1111ents. Payment and performance of each covenant and obligation on the part of Borrower to be perfonmed pursuant to any and all loan documents (the ''Related Loan Documents') that have been or may be executed by Borrower evidencilg or sewilg one or more present or future loans by Lender or its affiiates to eom:,..er with respect to the projects commonly referred to as 'Rosa Meadows (LaRosa)' and 'Panther Lake (Greenleaf)' (collectively, the 'Related LOBM), whether now existing or made in the Mure, together with any and all modifications, extensions and renewals thereof, including, without limitation, any construction loan from Lender to Borrower for the construction of improvements on the Land or any other land securing the Loan; provided, however, that nothing contained herein shall be construed as rnposlng an obligation upon Lender, or as evidencing Lende~s intention, to make any Related Loan to Borrowe~ 1.2.4. Advances. Payment of all sums advanced to protect the security of this Deed of Trus~ together with interest thereon as herein provided; 1.2.5. Future Obtigations. Payment to Lender of all future advances, indebtedness and further sums and performance of such further obligatioos as Borrower or the then record owner of the Project or the then owner cl the balance of the Collateral may undertake to pay or perfonm (whether as principal, surety, or guarantor) for the benefit of Lender, its successors or assigns, (It being contemplated by Borrower and Lender that Borrower may hereafter become Indebted to Lender In such further sum or sums), when such borrowing or obligations are evidenced by a written instrument reciting that ii or they are secured by this Deed ofTrust; 1.2.6. Swap Obligations. Any and all obllgallons of Borrower to Lender under or related to any Rate Swap Transaction entered into between Lender and Booower, including without limitation any payments oo Earty Tenmilation under any Swap Agreement or Confirmation. Capitalized tenms used in this subsection are defined in the 2006 ISDA Definitions, published by the lntemallonal Swap Dealers Association, Inc.; and 1.2.7. Modifications and Amendments. Payment and performance ol all modlficaUons, amendments, extensions, and renewals, however evidenced, of any of the foregoing Secured Obligations. Constroaia1 Ueed of TflJSI (Wf,J-toar, NO. 1/X/3fS1 fl}; 20411.01006 4831-8147-6356w1 Page5 20141014001092.005 All persons who may have or acquire an interest in all or any part of the Collateral wil be considered to have notice of, and will be bound by, the terms of the Secured Oblgations and each other agreement or instrument made or entered into In connection with each of the Secured Oblgations. ARTICLE 2. SECURllY AGREEMENT 2. 1. Grant of Security Interest This Deed of Trust creates a lien on the Collateral, and const~utes an absolute assgrvnent of the Rents, Issues and Profits and of the Leases, all in favor of Lender, and includes ail property now or hereafter affixed or attached to or incorporated upon the Land and Improvements, which, to the fullest extent permitted by law, shal be deemed fixtures and a part of the real property. To the extent that any part of the Collateral or Rents, issues and Profits and Leases may be, or are detem,ined to be, personal property, Borrower, as debtor, hereby grants lo Lender, as secured party, a security interest in such pert of the Collateral and Rents, Issues and Profits and Leases as Is detennined to be personal property, lo secure payment and performance of the Secured Obligations. As to such personal property, this Deed of Trust constitutes a sectMity agreement under the Uniform Commercial Code of Iha stale in IMlich the Project Is located (the "Project Stare'), and terms used to descrtbe the Colateral in Section 1 of this Deed of Trust shall have the definitions asaibed to such teons under the Uniform Commercial Code of the Project Stale. 2.2. Perfection of Sec .. ity Interest Borrower hereby aulhorizes Lender to file one or more financing statements and such other documents es Lender may from time to line require to perfect and continue the perfection of Lendet's security interest in any part of Ille Cottaleral or Ille Rents, Issues and Profits and Leases. Borrower shall pay al fees and costs that Lender may ioour in fling such documents in public offices and in obtaining such record searches as Lender may reasonably require. Borrower shall cooperate~ Lender in obtaining control of any portion of the Collateral lhal consists of Deposit Accounts, Investment Property, Letter-<lf-Cmdit Rights, and Electronic Chattel Paper, as such terms are defir>ed in Artide 9 of the Uniform Commercial Code of the Project State. Should Lender so request, Borrower shall provide, al Borrowefs sole cost and expense, such Insurance of Lendefs personal property security interest hereunder as may be avaiabte lo Lender al reasonable cost. If any finaooing statement or other document is filed In the records normally pertaining to personal property, that filing shall not be construed as in any way derogating from or impairing Ille declaration and the staled intention of the parties heieto that the Colaterai and all components thereof are, to the maxinum extent possible, real property or otherwise impair the rights or obligations of the parties under this Deed of Trust Nothing herein shall be construed to authorize any financing statement filed to perfect Lendefs security interest hereunder to be terminated by any means >Mlhoul lende(s express written consent. 2.3. Fixture Filing/Construction Deed of Trust This Deed of Trust constitutes a financing statement lied as a fixture fling under the Uniform Commercial Code in effect in Ille Project Slate, as amended or recodified from time to time, covering any part of the Collateral that now Is or later may become f,xlures attached to the Land or Improvements. As this Deed of Trust secures advances lo be used either for the acquisition of the Land or the construction of improvements thereon, or both, this Deed of Trust also oonst~utes a ·construction mortgage" or 'construction deed of trusr under the Un~onn Commercial Code in effect in the Project State. 2.4. Nature of Collateral. Borrower and Lender agree that the filing of a financing statement in Iha records having to do with personal property shall never be oonstrued as in any way derogating from or impairing lhe declaration and the stated intention of the parties hereto that the Collateral and all components thereof are, to the maximum extent possible, real property, subject to Lender's right on default to exercise, in any manner permitted by applicable law, those remedies (a) avalable to Lender under this Deed of Trust, Constnx:tion Deed of TflJS/ (WA) -Loan No. 100J0691 tll: 20411.0t«l& 4&31-8M7-5356w1 Page6 20141014001092.006 (b) available to Lender as a secured parly under the provisions of the UCC, or (c) otherv.ise provided for by law or available In equity. Whenever Lende~s security is deemed to include personal property, Lender shall be enlitled lo foreclose against such properly in connection with and as a part ol any judicial or nonjudicial proceeding against the real properly secured hereby, the parties hereby acknowledging that such foreclosure constitutes a commercially reasonable method of selHng such properly, or, in Lende~s sole discretion and as permitted by applicable law, to pursue any and au other remedies afforded a secured party under the UCC or other applicable law. Upon the occurrence of an Event of Default, Borre-agrees to assemble all such properly and make it available to the Trustee or Lender as secured parly at a place to be designated by such party Iha! is reasonably convenient to all pries. ARTICLE 3. ASSIGNMENT OF LEASES AND RENTS 3. 1. Leasing. Barro-shall not lease the Project or any part theneof unless permitted under one of the other Loan Documents or by other express written consent of Lender, and then only strtcUy In accordance with such agreement. Notwithstanding the foregoing, however, any and all Leases at the Project, whether or not entered into with the consent of Lender, shaD be subject to the provisiMs of this Article 3. 3.2. Assignment. Borrower hereby irrevocably, presenUy, absolutely and unconditionally assigns and transfers to Lender. (a) lhe Renls, Issues and Profils; (b) all Leases, and (c) any and all guarantees of any obligations of any lessee under each of the Leases (a "Lessee1, The asslgnmenls in this Section are absolute assignments and irrevocable from Borrower to Lender and not merely the passing of security interests or assigronents for security only. 3.3. Grant of License. Lender hereby confers upon Borrower a license ( "License1 lo OOllect and retain the Rents, Issues and Profits as they become due and payable, and to administer the Leases, so long as no Event ol Defaull as defined in Seclion 7.1, shall exist and be continuing. ~ an Event of Default has occurred and is continuing, such License shall terminate without notice lo or demand upon Borrower, without regard to the adequacy of Lender's security under this Deed or Trust. 3.4. Collection and Application of Rents, Issues and Profits. Subject lo the License granted to Borrower under Section 3.3, Lender has the right, power, and authority to collect any and all Rents, Issues and Profits and administer the Leases. Borrower hereby appoints Lender its attorney-ln-facl, coupled with an interest, to, at such times as Lender may choose in its so-. discretion: (a) demand, receive and enforce payment of any and all Rents, Issues and Profits; (b) give receipts, rea,ases and satisfactions for any and all Rents, Issues and Profits; (c) sue either in the name of Borrower and/or in the name of Lender for any and all Rents, Issues and Profits; (d) perform any obligation, covenant or agreement of Borrower under any of the Leases, and, in exercising any or such obligations, pay all necess~ costs and expenses, employ counsel and Incur and pay attorneys' lees; (e) delegate any and all rights and powers given to Lender by this assignment or Leases and Rents; (ij appear in any bankruptcy, insolvency or re019"nization proceeding involving any Lessee and to collect any award or payment due Borrower pursuant to any such proceeding; and/or (g) use such measures, legal or equitable, as in Hs discretion may carry out and effectuate the terms and intent of this assignment Lender's right to the Rents, Issues and Profits does not depend on whether or not Lender takes possession of the Project as permitted hereunder. 3.5. Enforcement of Leases. Borrower will (i) comply with and observe Borrowefs obligations as landlord under all Leases and will do al that is necess~ to preserve all Leases in force and free from any right of counterclaim, defense or set off, Qi) enforce the performance of each and every obligation, term, covenant condition and agreement in the Leases by the tenants lo be periiorrned, (iiQ notify Lender of the occurrence of any default under any Leases for non-residential use, and (iv) appear in and Consmx;JionDeeddTrusJ (WA)-Loanllo. 700J06!/1 NO: 20411.01006 "31-8147-5358'1 Pagel 20141014001092.():)7 defend any action or proceeding arising under, occurring out of, or in any manner connected with the Leases or the obligations, duties, or liabilities of Bormwer or the tenants theretJnder. Without Lender's written consent, Borrower will not collect or accept payment of any Rents from the Collateral more than one ( 1) month prior lo the due dates thereof; will not surrender OJ mrminate any Lease for non-residential use; and wil not request or consent to the subordination of any Lease lo any lien subardinate to this Deed of Trust. 3.6. Modification of Leases. Withoot the prior written consent of Lender, Borrower shalt not: (i) waive, excuse, condone, discount. set off, compromise, or in any manner release or discharge the mnant under any Leases ror non-residential use from any obligations, covenants, conditions and agreements by tenant lo ba kept observed and performed, including the obligation to pay the Rents thereunder in the manner and at the place and lime specified therein; (ii) cancel, lermlnate, consent lo or permll any surrender of any non-residential Leases; or (iiQ renew or exmnd the term of the Leases for any non-residential use for a lesser rental unless an option therefor was originaUy so reserved by the tenant of the Leases for a fixed and definite rental. 3.7. Payment of Rents Directly to lender. At any tine, Lender may, at ils option, notify any tenant or other parties of the existence of this assignment of Leases and Rents, Issues and Profits. Bo!rower hereby speclflcally authorlies, Instructs, and directs each and every present and future Lessee of an or any part of the Land or lmprovemenls to pay all unpaid and Mure Rents, Issues and Profits dlrecUy to Lender upon receipt of demand from Lender to so pay the same, and Borrower hereby agrees that each such present and future tenant, lessee and licensee may mly upon such written demand from Lender lo so pay the Rents, Issues and Profits without any irquiry into whether theie exisls an Event of Dela~t or whether Lender is otherwise entitled to the Rents, Issues and Proms. No proof of the occurrence of an Event of Default shall ba required. Borrower hereby wiives any right claim or demand that Borrower may now or hereafter have against any present or future Lessee by reason of such payment of Rents, Issues and Profits to Lender, and any such payment shall discharge Lessee's obligation to make such payment lo Borrower. For purposes of RCW 61.24.140, this Section constitutes Wlitten consent by Bormwer, as landlord under the Leases, to the payment of Rents, Issues and Profits direcUy from the Lessees to Lender. J.B. Lender Not Responsible. Under no circumstances shall Lender have any duty lo produce Rents, Issues and Profits from the Project. Regardless of whether or ncl Lender, in person or by agent, takes actual possession of U,e Project, Lender is not and shall not be deemed lo be: (a) a "mortgagee in possession" for any purpose; (b) responsible for performing any of the obligations of the lessor under any Lease; (c) responsible for any waste committed by Lessees or any other parties, any dangerous or defective condition of the Project, or any negligence in the managemelll, upkeep, repair or control of the Project; (d) responsible for any loss sustained by Borrower resulting from Lende(s falure lo lease the Land or Improvements or from any other act or omission of Lender in managing the Project or administering the Leases; or (e) liable in any manner for the Project or the use, occupancy, enjoyment or operation of all or any part of it, except for such mailers as may arise from the willful misconduct and bad faith of Lender. 3.9. Indemnity. Borrower shall indemnify, defend with counsel selected by Lender in its sole discretion, and hold Lender harmless from and against any and all claims, demands, liabilities, losses, lawsuits, judgments, damages, costs and expenses, Including, without limitation, attorneys' fees and costs, to which Lender may be exposed or which Lender may incur in exertising any of tts rig his under this assignment. Cons/TIJC/ion Deed al Trvs/ /WIii-Loan No. 70030691 NO: 20411.010011 4831-1147..s35&11 Page8 20141014001092.008 ARTICLE 4. ASSIGNMENT OF CONTRACTS AND PLANS 4.1. Assignment of Contracts and Plans. As security for the Loan, Borrower hereby assigns, transfers, and pledges to lender all of its right, title and inlerest in and to the Contracts and Plans. 4.2. Lender Authorized to Demand Performance. Upon the occurrence of a defaull under any of the Loan Documents, Borrower hereby authorizes Lender, and for this purpose Irrevocably constil\Jtes and appoints Lender as its altomey-in-fact, coupled with an interest, to use the Plans for further development and construction on the Project, to demand, receive, and enfos:e Borrowers rights under the Contracts, lo make payments and give appropriate receipts, releases and satisfactions under such Contracts, and to pe,fonm any and all acts with respect to the Contracts or Plans that Lender deems necessary or desirable, all on behalf of and in the nane of Borrower, or at Lenders option in Lenders own name, with the same force and effect as W pelformed by Borrower. Lender may also reassign its rights hereunder lo another person designated by Lender, who shall have the same righls to enlos:e lhe Contracts and utilize the Plans. · 4.3. Lender Not liable. Lenders acceptance of this assignmenl of Borrowers rights in the Contracts and Plans does nol constitule an assumption by lender of any obligations 111,atsoever relating to such Conlracls or Plans. Accordingly, Lender shall have no liability to any other party to such Contracts or preparer of such Plans unless or until Lender assumes in writing Ille obligations relating to such Contracts or Plans. If Lender designates a receiver, contractor, or other party to oversee administration of Iha Contracts and completion of the development of the Project, the obligations under such Contracts or relating to such Plans shall be asslJlled and performed by such designee, and Lender shall have no liability whatsoever with respect to those obligations. 4.4. Security. This assignment and pledge set forth In this Article is for securlty purposes only, and is made to secure payment of all amounts and performance of each and every obligation of Borrower under the Loan Doc1J11ents and under any other instrument executed by Borrower with respect to Ille Collateral. 4.5. Borrower's Representations, Warranlies, and Covenants. Borrower represents and warrants to lender. 4.5.1 There have been no prior assignments of Borrowers Interest In the Contracts and Plans, and Bonowers assignment to lender shall be In a first lien position; 4.5.2 Bonower has full power and authority to assign its right, title and interest in the Contracts and Plans to lender and, with respect to the assignment of each Contract or Plan, either: (0 Bonower has obtained and delivered to Lender a consent to such assignment in a form satisfactory to lender, or (iQ no consents or approvals of any persons or entities under such Contract or Plan are necessary to, Borrower to validly sign, deliver and pertorm this assignment; and 4.5.3 The Contracts constitute vatid and binding agreements, enfos:eable against both Borrower and the other party or parties in accordance with their tenms, and neither Borrower nor, to the besl of Borrower's knowledge, any other party to such Contracts is in defaull under the terms of such Contracls, ex<:ept for any defaults already disclosed by Borrower to Lender In writing. 4.6. No Modification or Further Assignment. Wrihout Lender's prior written approval, which shall nol be unreasonably withheld, conditioned or delayed, Bo~ will not: (ij make any amendments or modifocations in the Conlracls that are materially adverse to Borrower, or (iQ asslg n, pledge, mortgage, or otherwise uensfer or encumber any of ils right, title, or interest in any of the Contracts or Plans 111,ie any of Borrowers obligations under the Loan Documents remain unfulfiUed. Constnx:lion Oeed txTtuSI /WAI -loan No. l/YJ30691 NO: ~11.01006 "8l1-8t.U-S356v1 Page9 20141014001092.009 4.7. Default. Lender shall have no right under this Article to enforce Borrowers rights with respect to the Contracts or Plans until Borrower shall be in default under any of its obligations to Lender under any Instrument document or agreement related to the Loan or the Project Upon the occurrence of any such default Lender may, without affecting any of its other rights or remedies against Borrower hereunder or under arry other instrument, document or agreement. exercise its rights under the assignment and pledge set forth in this Article or in any other manner permitted by law, and in addition Lender shall have and possess, without limitation. arry and all rights and remedies of a serured party under the Commercial Code In effect in the State in which the Project is located or as otherwise provided by the laws of such State. 4.8. Indemnity. Borrower ,.;11 indemnify, defend, and hold Lender harmless from and against any and all claims, demands, liabllltles, losses. lawsults, judgments, damages, costs and expenses, including without imitation reasonable attomeys' lees and costs incurred (whether or not in litigation, on appeal or in bankruptcy court), to which lender may become exposed or which Lender may incur in exercising arry of its rights under Borrower's assignment of the Contracts and Plans. Howeser, if any such claims, demands, liabilities, losses, lawsuits, judgments, damages, costs, and expenses are caused by the concurrent negligence of Borrower and Lender, or their employees, agents, invitees, or licensees, Borrower win indemnify Lender only lo the extent of Borrowers own negligence or that of its employees, agents, invitees, or licensees. 4.9. Reliance by Other Parties. The assignment and pledge set forth In this Article shall be conclusive evidence of Lender's rights hereunder and may be relied upon by any archlte<:t, engineer, construction contractor or subcontractor, supplier of materials or tabor, or other party to any of the Contracts. ARTICLES. ENVIRONMENTAL AND BUILDING LAWS 5.1. Delinilions. The following terms shall have the meanings specified below: 5.1.1. "Building laws" means the Fair Housing Act of 1968 as amended, the Amertcans With Disabilities Act of 1990 as amended, all government and private covenants, conditions, and resllictions relating lo the Land, building code requirements and law.; affecting the construction of improvements on lhe Land, and all other federal, state and local laws, ordinances, regulations and rules relating to the construction, operation, and maintenance of the improvements on the Land and the marketing and use of such Improvements In a non~lscriminatory manner. 5.1.2. "Environmental laws" means the Federal Resource Conservation and Recovery Act of 1976; the Federal Comprehensive Environmental Response, Compensation, and Liabiity Act of 1980; the Federal Hazardous Materials Transportation Control Ac~ the Federal aean Air Act; the Federal Water Pollution Control Act, Federal aean Water Acl of 1977; the Federal Insecticide, Fungicide, and Rodenticide Act, Federal Pesticide Act of 1978; the Federal Endangered Species Act; the Federal Toxic Substances Conlrol Act; the Federal Safe Drinking Water Act; and an other federal, state and local laws, statutes, codes, ordinances, regulations, judgments, orders, injuncti:>ns, decrees. covenants, restnctions and standards presently in effect or that may be promulgated in the future relating to the use, release, handling, storage, transportation, clean-up, or other disposal of Hazanlous Substances; or relating to the water quality, air quality, soils quality, and other environmental quality of real property and Improvements constructed upon real property; or related to the protection of endangered species, as such laws and ordinances may be amended from line lo time. Can,rniclial Deed of TtUSI /WN -Loan No. 700J0691 r(): 20411.01006 "31-31'7-5356,1 Page 10 20141014001092.010 5.1.3. "Environmental Proceeding• means any lawsLil or proceeding, whether civil (including actions by privale parties), criminal. or administrative, relating to the environmental condition of lhe Land or lhe presenoe of Hazardous Substances thereoo. 5.1.4. "Environmental Reports" means the soils, geologic, and engineering reports prepared IO assess any environmenlal risks associaled with lhe Projecl or olherwise required by Lender. 5.1.5. "Hazardous Substances" means any wasle, pollulants, conlaminants. petroleum or petroleum producl, asbestos, kernolile, anlhophylile or actinoloo, polychlorlnated blphenyls, or other chemical, substance, or malerial that (a) after release inlO lhe enviroomenl and upon exposure, ingestion, inhalation, or assimiation, eilher directly from the environmenl or indirectly by ingestion through food chains, wiH or may reasonably be anticipaled to cause death, disease, bodily injury, behavior abnormalilies, cancer and/or genetic abnormalities, or (b) is now or al any time in lhe fu1ure becomes regualed under, or is defined, classified or designaled as hazardous, toxic. radioactive or dangerous, or olher sinilar lenn or category under any Environmental Laws. 5.1.6. "Nealby Property" means real property thal is adjacenl lo or near the Land that could reasonably cause conlamination of the Land or could become contaminated with Hazardcus Subslances as a result of conslruction, operations, or other activities involving Hazardous Subslances on, over, or under the Land. 5.1.7. 'Transition Date' means, with reference IO al or any po~ion of the Land being foreclosed or transferred by deed in lieu of foreclosure, the date on which this Deed of Trust is fully and finally foreclosed or a conveyance by deed in lieu of foreclosure has become effective and has been reoorded in the counly wihere the applicable Land is located. 5.2. Representations and Warranties. Borrower makes the following representations and warranties IO Lender, which representations and warranlies shall be continuing so long as any amount remains ov.ing under 1he Secured Obigations or Lender ratains any in1erest in the Project: 5.2.1. Environmental Laws. Except for f!IIY contamination or environmental condition thal may be disclosed In any Environmenlal Reports oblalned by Lender prior to lhe date hereof or that has otherwise been discfosed in writing by Borrower to Lender. Borrower has no knov.ledge of: (Q the presence of any Hazardous Substances on the Project, i1cluding all personal property localed on the Land. lhe soil and lhe groundwaler on or under lhe Land, including any streams crossing or abutting the Land, and lhe aqu~er undedylng the Land, (ii) any spils, releases, discharges or disposal of Hazardous Substances that have occurred or are presently occurring on or into the Project or the Nearby Property, or (m) any failure of the Project lo comply fully with all applicable Environmental Laws. To lhe best of Borrowefs knowledge, Borrowe(s inlended uses of the Project, including but nol limood lo lhe improvements and materials lo be constructed and installed on and in the Project and lhe work method for accomplishing such conskuction, comply fully with all Envlronmen1al Laws. 5.2.2. Building Laws. Except for any non.:ompliance lhat has been disclosed in 'Miting by Borrower to Lender, Bonower has no kn<l'Madge of any failure of lhe Projecl or the plans and specifications for inprovements on the Project lo comply fully with al applicable Building Laws. To the best of Bonrowefs knowledge, Borrowe(s intended uses of the Project, including but not limiled to the inprovemenls and malenals to be conskucled and inslalled on and in the Projecl the wor1< method for accomplishing such constructioo, and the plan for marketing the Improvements conskucted on the Land comply fully ,.,,;lh all Building Laws. 5.3. No Waivers of Other Indemnifications Relating to Enviroomental Condition. Except as set forth herein or in any separale indemnily agreement executed by Borrower in connection with lhe ConstnJction Deed of Trust (WII) -loan NO. 1(X)Jl)691 NO: 20411.01006 4831-1147-535&.'1 20141014001092.011 Loan: (i) Borrower has not and wil not release or waive lhe lial>ility of any past or current owner, lessee, or operator of the Project. any party who performs work on the Project. or ;v,y party who may be responsible for the presence of or removal of Hazardous Sul>stances on or from the Project or the Nearby Property, and (iij Borrower has made no prior promises of indemnification to any party relating to the existence or non- existence of Hau,rdous Substances on lhe Project 5.4. Obligation to Comply with Environmental and Building Laws. Borrower shall construct, keep, and maintain the Collateral in compliance with any and aD laws relating lo public safety and the condition of the environment, Including but not limited to the Environmental Laws and the Building Laws. Borrower covenants that, so long as Bon'O'l<er owns any interest in the Project. Borrower and Borrowe(s agants, contractors, authorized representatives, and employees shall not engage in any of the following prohibited activities, and Borrower shall use dil~I efforts to assure that Borrowe(s Invitees and tenants, and such tenant's employees, agents, and invitees shall not: (i) cause or permit any release or discharge of Hazardous Sul>stances on the Project other than in full compliance with all Environmental Laws; (11) cause or permit any manufacturing, storage, holding, handling, usage, placement, transporting, splling, leaking, discharging, or dumping of Hazardous Substances in or on my portion of the Project other than in full complianoe with all Environmental Laws: Olij suffer or pem,it any other act upon or concerning the Project that would result In a violation of any Enviro"11ental Law or 1Bquire any alterations or improvements to be made on the Project under any Environmental Law.;; or (iv) suffer or permit any other act upon or concerning the Project that IW>Uld result In a violation of any Building Law or require any alterations or improvements to be made on the Project under any of the Building Laws. 5.5. Obligation to Cure Non-Compliance. 5.5.1. Notice. If Borro-at any time becomes aware of (1) any Hazardous Substances on, or other environmental problem or liablity with respect kl, the Project or any Nearby Property, (ii) any faiure of the Project or lhe Improvements lo comply with any of the Environmental Laws, (iii) any failure of lhe Project or the Improvements or the marketing efforts and other operations undertaken with respect thereto lo comply with any of the Building Laws, (Iv) any lien, action or notice resulting from violation of any Environmental Laws or Building Laws, or (v) any Envlronmentai Proceeding affecting the Project, Borrower shall immediately notify Lender, and shaU thereafter exercise due diligence to ascertain the scope and nature of such condilion and provide all notices that stale or federal law may require. 5.5.2. Remedlatloo. If, upon giving such notice or for any other reason, one or more governmental agencies having appropriate jurisdi:tion requires removal or treatment of Hazamous Substances from or on the Project or the making of alterations kl the Project lo conform lo Buiding Laws or Environmental Laws, or such removal, treatment, or alteration is required by Environmental Laws or Bolding Laws, Bonrower wiU: (i) take all actions that are necessar, or desi'able kl clean up any Hazardous Substances affecting the Project, including, v.ilhout limitation, removal, treatment. containment or any other remedial action required to reslore lhe Project lo a safe condition in compliance ~th applicable laws and regulations, including Environmental Law.;, (iQ lake al actions that are necessary or desirable lo modify the Project and all Improvements and marketing materials so as to achieve compliance with applicable laws and regulations, including Building Laws and/or Enviro"11ental Laws (together with 5.5.2(,), 'Remedial Worf), and/or Oii) attempt through appropriate legal or administrative proceedings, to appeal, contest. or obtain a stay of enforcement proceedings if Borrower believes in good faith that Borrower is not required by law lo cure such Hazardous Sul>stances condffion or to make alterations kl comply with Building Laws. Borrower shall provide Lender with copies of all repons, analyses, notices, licenses, approvals, orders, correspondences or other written materials in Its possession or control relating lo the environmental cond~i<>n of Iha Project and lhe Nearby Property or Environmental Proceedings Immediately upon receipt completion or delivery of such materials. Cons/nJction De«! of Trust !WAI -Loan lit> 70030691 ND: 20411.01006 4831-8147°536&,/1 P8f}I! 11 20141014001092.012 5.5.3. liability. Except for removal or trealment of any Hazardous Subslances depostted on the Project by Lender, Borrower agrees lhat lhe amelioratloo, treatmen( containment, or removal of all Hazalllous Subslances that may be discovered on the Project shall be al Borrowe(s sole expense, reseiving unto Borrower any claims for contribution or indemnity lhat Borrower may have against other parties who may be held liable lherefor. 5.5.4. Remedial Work. Al Remedial Wor1< shal be conducted: 5.5.4.1 In a diligent and timely fashloo by licensed contractors acting under lhe supe,vision of a consulting envlronmenlal engineer; 5.5.4.2 pursuant to a detaled written plan for the Remedial Work approved by any public or private agencies or persons v.ilh a legal or c001ractual right to such approval; 5.5.4.3 with such insurance coverage pertaining to liabililies arising out of lhe Remedial Work as is then customarily maintained v.ilh respec/ to such acti'lilies; and 5.5.4.4 only fo!owing receipt of any requiled penmils, ticenses or approvals. The selection of the Remedial Work contractors and consulting environmental engineer, the contracts entered Into with such parties, any disclosures lo or agreements with any public or private agencies or parties mlaling lo Remedial Work and the written plan for the Remedial Work (and any changes thereto) shall each be subject to Lende(s prior written approval, which shall not be unreasonably withheld or delayed. In addttion, Borrower shall submtt to Lender, promptly upon receipt or preparation, copies of any and all reports, studies, analyses, correspondence, governmental comments or approvals, proposed removal or othef Remedial Work, contracts and similar lnfonmation prepared or received by Borrower in connection with any Remedial Work or Hazardous Substances relating to the Project. 5.6. Remedies on Default. A default by Borrower under any of the covenants, representations, or warranties set forth in lhis Article shall, upon lhe expiration of any applicable cure period, constitute an Event of Default (as defined below) entitling Lender lo exercise all of lhe rights and nemedies available lo Lender upon the oocurrence of an Event of Default hereunder, provided, however, that such Event of Default shall not fonm the basis for any clain for damages or ndemnffication by Lender against Borrower except to lhe extent of sums actually advanced by Lender as a consequence of such default, pursuant to the terms of lhis Deed of Trust and prior lo the Transition Date, in order to maintain and protect Lende(s security hereunder. 5.7. Indemnification of Lemler. Borrower shall Indemnify, defend YOth counsel selected by Lender ii tts sole discmoon, and hold Lender hanmless from and against any and al claims, demands, damages, losses, liens, liabiities, penalties, fines, lawstrits, and other proceedings and costs and expenses (including attorneys' fees and disbursements) lhat result in actual cost and expense to Lender prior to lhe Trans!ion Date to maintain and protect Lendefs security hereunder, and arise directly or indirectly from or out of, or in any wwt connected with: . 5.7.1. the inaccuracy of lhe representations contained herein; 5.7.2. the discoveiy and/or clean-up of Hazadous Substances lhal wem existing on or in the Land at the lime when Borro-f1111t acquired ownership, or any clean-up, remediation, monitoring or olher actions reqlired as a result thereof: 5.7.3. any activities on lhe Land during Borrowe(s ownership, possessioo or control of the Project lhat directly or indirectly result in the existence of Hazardous Substances on or In the Land or any Nea'by Property in violation of any applicable Enviroomental Laws, or any clean-11p, remedlalion, monitoring or olher actions requimd as a result !hereof, and Cms/nJd/on Dtled ,a,115t /WA! -1.oan Na 1//030691 ND: 2041\.01006 .t831..a147-535&v1 Page 13 20141014001092.013 5.7.4. any alleged or actual failure of any lmprovemenls now or hereafter constructed on the Land to continuously comply \\1th all Building Laws now or hereafter enacted for any reason ,matsoever, or any modification or corraction of any of the Improvements so as to comply fully with Bul<ling Laws. The foregoing indemnificalion relates only lo liabiilies, demands, costs, and expenses incurred by Lander prior to any transfer of !he Project pursuant to foreclosure proceedings hereunder and prior to a conveyance of the Project in ueu of foreclosure, and does not apply to any deposit or release of Hazarllous Substances on !he Land caused by Lender, its agents, representatives, or employees, or by any receiver for the Project appointed at the request of Lender. Borrower acknowledges that, as between Borrower and Lender, Borrower wilt be solely responsible for all costs and expenses relating to 1he clean-up of Hazarllous Substances from lhe Project or the clean-up of any Hazarllous Substances from any Nearby Property as a result of Borrowers actions or omissions and the modification and correction of any of the improvements constructed on the Project so as to comply fully with all Buiding Laws. 5.8. Not Subslantial Equivalent None of the covenants, representations, or other obigations of Borrower set forth in this Article are intended by the parties to be the substantial equivalent of obllgatlons at Borrower arising under any Indemnity Agreement. Ta the extent any such representations, covenants, or obligations may nonetheless subsequently be determined to be the substantial equivalent of obligations of Borrower arising under any lndlemnlty Agreement, without in any way limtting or affecting Lenders other rights and remedies hereunder, this Deed of Trust will cease to secure any such provisions and a default under any such provision shall not constttule a basis for non-judicial foreclosi.re hereunder. ARTICLE&. RIGHTS AND DUTIES OF THE PARTIES 6.1. Performance of Secured Obligations. Borrower shall prompUy pay and perform each Secured Obligation in accordance wtth Its terms. 6.2. Representations and Warranties. Borrower represents and warrants that. except as previously disclosed and accepted by Lender In wriUng: 6.2.1. Tnle to Land and Improvements. Borrower holds good and indefeasible fee. simple tiUe lo all of the Land and Improvements, subject only 10 such exceptions and encumbrances as have been approved in writing by Lender (1he "Permitted ExceptionS1, and Borrower has or wil have good tiUe to alt portions of the Collateral other than 1he Land and Improvements. 6.2.2. Title to Personal Property. Borrower owns any portion of the Collateral tha1 is personal property free and clear of any security agreements, reservations of title, or conditional sales contraels, and there Is no financing statement affecting such personal property on file in any public office other than in Lender's favor. 6.2.3. Right to Encumber/Priority. Borrower has the fuD and unlimtted power, right. and authority to encumber Iha Collateral and assign the Rents, Issues and Profits, Leases, and Iha Contracts and Plans. Upon recoroing of this Deed of Trust and filing of a UCC Financing Statement wilh respect to any portion of Iha Collateral 1hal is delennined to be personal property, this Deed of Trust will create a frsl and prior ien on and security interest in the Collateral that is S1Jbject and subordinate to no other liens except for the Permitted Exceptions. 6.2.4. Commercial Purposes. The Loan and the other Secured Obligations were obtained by Borrower and will continue lo be used for commercial or business purposes, other than agricultural, Umber, or grazing purposes, and not for personal, famiy or household purposes. COnSlrUClion Deed of Trust ('NA/ -Loan No. 1/XJ30691 NO 21M11~1006 4831~147•S3!&i1 Page 14 20141014001092.014 6.2.5. Business Location. Borrower maintains a place of business in the State of Washington and will immediately notify Lender in wriing of any change in ils place of business. 6.3. Taxes and Assessments. Bonower shall pay or cause lo be paid wheo due, al general real and personal property laxes, special and supplemental real and personal property taxes and assessments, license fees. license taxes, levles, charges, penalties, or other taxes or similar Impositions imposed by any public or quasi-public authority or utility company lhal are or may become a lien upon lhe Collateral or any portion thereof or interest therein, or that may cause any decrease in lhe value of lhe Collateral or any part of it Borrower shall also pay wheo due all real property taxes, assessments, levies and charges imposed by any public authority upon Lender by reason of ils Interest in the Collateral created hereby. All of the foregoing taxes, assessments and other charges payable by Borrower 1Mlh respect to lhe Collateral are oollectively refened lo as lhe "Impositions.• ~ requested by Lender, Borrower shall furnish Lender with receipts from the appropriate taxing authority or other proof satisfactory lo Lender lhal al lmpos~ioos have been paid on or before the date upon which they become delinquenL 6.4. Liens. Charges and Encumbrances. Borrower shal not encumber or pennil the encumbrance of Iha Collalerel without Lende(s prior written consent and Borrower shal inmedialeJy discharge any lien on lhe Collateral lo which Lender has not consented in writing. Borrower shal pay or cause to be paid when due al obligations secured by or nlducibte lo liens and encumbrances that shal now or hereafter encumber or appear lo encumber lhe Collateral or any part thereof, al claims for work or labor performed, or malerials or supplies furnished, In connection with any work upon lhe Project, whether lhe lien, charge or encumbrance is or would be senior or subordinate lo this Deed of Trust; provided, hOwever, that Borrower shail nol be in dlefaull hereunder due lo any such lien, charge, or encumbrance lhal is a Permitted ExcepUon. Lender hereby expressly reseives the right to advance any and all funds necessary to cure any and all such obligations, and/or claims. 6.5. Required Insurance. Bonower shall keep in effect with respect to the Collateral all Insurance coverage required pursuant to the tenns of the Loan AgreemenL 6.6. Insurance and Condemnation Proceeds. 6.6.1. Payment to Lender. Bonower hereby absolutely and i'revocabty assigns to Lender, and authorizes the payor to pay lo Lender, the following claims, causes of action, awards, payments and righls to payment, together with all interest lhal may accrue thereon (oollecllvely, lhe "Claims1: 6.6.1.1 Condemnation Awards. An awards of damages and al other compensation payable directly or lndlreotly because of a condemnation, proposed condemnation, or taking for public or private use lhal affects all or part of the Collateral or any interest in it; 6.6.1.2 Warranty Claims. All awards, claims, and causes of action arising out of any warranty affecting all or any part of lhe CoUaleral, or for damage or injury lo or decrease in value of all or part of the CoUaleral or any interest in it and 6.6.1.3 Insurance Proceeds. All proceeds ol any insurarx:e policies payable because of damage or loss sustained to all or part of the Collateral. 6.6.2. NOi lee to Lendler. Borrower shall immediately notify Lender in writing it. (Q any damage occurs or any injury or loss is sustained to am or part of the Collateral, whether or not covered by insurance or warranty, or any action or proceeding relating lo any such damage, injury, or loss is commenced; or Qi) any offer is made, or any action or proceeding is commenced, lhal relates lo any actual or proposed condemnation or laking of all or part of the Collateral. Consmx:tion Deed of Tr/JS/ /WI\/ -Loan No. 71XJJ06!11 ND: 20411.01008 ~831-&1U-5358v1 Page 15 20141014001092.015 6.6.3. Pursuit of Claims. Borrower shall pu rsoo recoveiy of all such a ams and defend its rights under any proceeding for condemnation of lhe CoUateral or any part thereof and prosecute lhe sll!le ..;th due diligence to its f11al disposition, and shal cause arry awards or settlements to be paid over to Lender for disposition pursuant to lhe terms of this Deed of Trust. Lender may, at Lender's option and in Lender's sole discretion, as attorney-in-fact for Borrower, make proof of loss and adjust and compromise any Claims, appear in or prosecute any action or proceeding to enforce the Claims, or participate in any action or proceeding relating to condemnation or taking of all or part of the Collateral, and may join Borrower in adjusting any loss covered by insw.mce. Borrower shalt deliver or cause to be delivered to Lender such inslruments as may be requested by Lender from Hme to lime to permit Lender to take arry such actions. 6.6.4. Application of Proceeds. All proceeds of lhe Claims that Borrower may receive or be entitled to receive shall be paid to Lender. Lender shall apply arry proceeds received by it hereunder firal to lhe payment of the reasonable costs and expenses incurred in the collection of the proceeds. Lender shall then apply the remaining balance of such proceeds (the "Net Claims ProaJedsj, in its absolute discretion and "Mthout regard to the adequacy of Its security: (i) to any of the Secured Obligations, nol'Mthstanding the fact that Secured Obligations may not be due according to the terms thereof; (ii) to reimbwse Borrower for lhe cosls of reconstructing the Improvements or otherwise repalrlng or restoring lhe Collateral; or (Iii) to Bo~. Not"Mthstanding the fMgoing, f there are no outstanding Events of Default under arry of the Loan Documents and Bo~ establishes, to Lender's reasonable satisfaction, thal Borrower has sufficient funds, including the Net Claims Proceeds, to f~ly rebuild or repair the Collateral within the remaining term of the Loan and without delaying lhe completion date of the Project, Lender shall make disbursements of the Net Claims Proceeds for purposes of repair or restoration of the Collateral in accordance with disbursement procedures and subject to disbursement conditions acceptable to Lender. If, after applying the Net aaims Proceeds to the Secured ObligatDns, Lender reasonably determines the remaining Collateral to be Inadequate to secure the remaining Secured Obligations, Borrower shaO, upon written demand from Lender, repay an amount that .,,;11 reduce the remaining Secured Obligations to a balance for which adequate security is present. 6.6.5. Restoration. Whether or not Net Claims Proceeds are disburaed for reconstruction, restoration, or repair of the Collataral, Borrower shall prompUy and dil~enUy restore the Colateral to the equivalent of its condition immediately prior to the casualty or condemnation In accordance with lhe Plans or lo such other condition as Lender may approve in writing. 6.7. Reserves for Taxes and Insurance. If required by Lender following an Event of Default, Borrower shall deposit with Lender, in monthly installments, an amount equal to one-twelfth of the estimated aggregate annual Impositions and Insurance premiums for the Project. In such evenL Borrower shall cause all bills, statements, or other documents relating to the Impositions and insurance premiums lo be sent or mailed directly to Lender. Upon raceipt of such bils, statements, or other documents, and provided Bo~ has deposited suffocient funds .,;th Lender purauant to this Section, Lender shall pay such amounts as may be due !hereunder out of lhe funds so deposited ..;th Lender. If at arry tine and for any reason the funds deposited "Mth Lender are or wil be insufficient to pay such lllloonts as may then or subsequently be due, Lender shall notify Borrower end Borrower shall immediately deposit an llllount equal lo such deficiency with Lender. Nol'Mthstandlng lhe foregoing, nothing contained herein shall cause Lender to be deemed a trus1ee of said funds or to be obligated to pay any ll!loonts in exoess of the amount of funds deposited with Lender pursuant to this Section. Lender may commingle said reserve with its O'Ml funds and Borrower shall be entiHed to no interest thereon. 6.8. Maintenance and Preservation of the COiiaterai. Borrower covenants: (a) 10 maintain and preserve the Comateral in good condition and repair and in a prudent businesslike manner, (b) not to Cons/nJC/ion /)f/{)d ~ TruSI (WA) -Loan No. 7rmfl691 ND: 20411.01005 4831-8147.sl50¥1 Page 16 20141014001092.016 remove, demolish, or structurally alter the Collateral or any part thereof, or alter, restore or add to the Collateral, or initiate or allow any change in any zoning or other land use classification that affects the Collateral or any part of ii, except w;u, Lenders express prior written consent, aoo except SIJCh alterations as may be required by laws, ordinances, rules, regulations, or orden; of governmental authorities or by the tenns hereof. (c) to comply 'Mth and not suffer violations of any existing or futtJre subdivision laws, building codes, zoning laws and regulations, and other laws, regulations, ordinances, rules, codes, orders, directives, guidelines, building restriclions, and requirements of, and all agreements with and commllments to, all federal, state, counly or municipal governmental, judicial or legal aulhorHies or agencies having jurisdiclion over Borrower or the Project, including those pertaining to the construction, sale, lease. or financing of the Improvements, and all recorded covenants and restrictions affecting the Project (d) not to commH or pennlt any waste to or deterioration of the Collateral; (e) to perform all other acts lhat from the character or use of the Collateral may be reasonably necessary to maintain and preserve Hs value; (ij to perfonn all obligations required to be perfonned under the Loan Documents, and all other obligations of Borrower pertaining to the Collateral; and (g) to execute and, where appropriate, acknov.!edge and deliver such further instruments as Lender or Trustee may deem necessary or appropriate to preseive, continue, perfect and enjoy the securily provided for herein. 6.9. Defense and Notice of Actions; Costs. Borrower shaH, without liability, cost, or expense to Lender or Trustee, protect, preserve, and defend Borrowers fee interest in aoo to the Project and Borrowers interest In the Collateral, the security of this Deed of Trust, any additional or other security for the Secured Obligations, and the rights or powers of Lender or Trustee hereunder against all adverse claims. Said protection, preservatkin, and defense shall irdude, but not be limited 1o, protection, preservation and defense against all adverse claimants to and encwnbrancers of Borrowers interest in the Collateral, wllether or not such claimants or encumbrancers assert an interest paramount 1o Iha! of Lender. Borrower shall give Lender and Trustee prompt notice In wrillng of the fling of any such action or proceeding. Borrower shall pay all costs, fees, and expenses irduding, Mlhout limitalion, costs of evidence of title, trustees' fees, and reasonable attorneys' fees paid or incurred in any action or proceeding in which Lender and/or Trustee may appear or be made a party, wllelher or not pursued to final judgment, and in any exercise of the power of sale or other remedy contained herein, whether or not such sate is actually consummated or such olher remedy is actually prosecuted to completion. 6.10. Right of Inspection. Lender, its agents, employees and representatives shall have the right to enter the Project at any reasonable time for the purpose of inspecting the Project and ascertaining Borrowers compliance with the tenns hereof, and for such other purposes and in accordance 'Mlh the tenns specified In any of lhe other Loan Dccuments. 6.11. Accounting. Borrower shall keep and maintain or wit caL1S0 to be kept and maintained, in accordance v,ith sound accounting practice, accurate books aoo records relating to the Project. Borrower shall pennlt Lender to examine all books and other records of Borrower or related to the Project at such reasonable times and intervals as Lender may desire. Following an Event of Default, Lender may cause an audH to be made of Borrowers books and records, at Borrower's sole cost and expense. 6.12. Actions of Trustee; Matters Concerning Trustee. Trustee accepts this trust when this Deed of Trust, duly executed and acl<nowledged, becomes a public record as provided by law. 6.12.1. Coqiensation. Borrower agrees to pay fees in the maximum amounts legally pennHted, or reasonable fees as may be charged by Lender and Trustee when the law provides no maximum limit, for any servk:es that Leooer or Trustee may render in coMection with this Deed of Trust. Borrower further agnaas to pay or reimburse Lender for all oosts, expenses and other advances lhat may be incurred or made by Lender or Trustee in any efforts to enforce any tenns of this Deed of Trus~ whether any lawsuit is lied or not, or in defending any action or proceeding arising under or relating to this Deed ol Trusl, Coos/rudio'1/J""'1 ol Trus/ (WA) -loan No. JIX/J//691 HD: 20411D11Xl6 4831-1147-5356YI Page 17 20141014001092.017 including attorneys' fees and olher legal costs, cosls of any Foreclosure Sale (defined below) or ban,rupley proceeding affecting the Borrower or the CoUateral, and any cost of evidence of tWe. 6.12.2. EKCulpation. Lender shaU not be directly or indirectly liable to Borrower or any other person as a consequence of: (i) Lender's exercise of or faiure to exercise any rights, remedies, or powers granted to ii in this Deed of Trust or lo perform or discharge any obligation or liabiity of Borrower under any agreement related lo the Collateral or under this Deed of Trust; or (i) any loss sustained by Borrower or any third party resumng from any act or omission of L811der In managing the Project, unless the loss is caused solely by the wilful misconduct or gross negligence of lender. Borrower hereby expressly waives and releases all liability of the types described above, and agrees that no such liabillty shall be asserted against or imposed upon Lender. 6.12.3. Indemnification Borrower agrees to indemnify Trustee and l811der against, defend with counsel selected by Trustee or Lender for their respectiw defenses, and hold each of them and their respective officers, employees, agents. and representatives, harmless from and against any and all losses, damages, liab!ilies, claims. causes of action, judgments, court costs, attorneys' fees, and other legal expenses. cost of evidence of title, cost of evidence of value, and other costs and expenses that either may reasonably suffer or incur. (ij in pertorming any act required or permitted by this Deed of Trust or any of the other Loan Documents or by law; (i) because of any Event of Def al.it or other failure of Bo~ to perform any of its Secured Obligations; or (ii) because of any alleged obligation of or undertaking by Lender to pertorm or discharge any of the representations, warranties, conditions, covenants or other obligations In any documenl relating to the Collateral other than Iha Loan Documents. This agreement by Borrower to indemnify T ruslee and Lender shall survive the release and cancellation of any or all ot the Secured Obligations and the full or pirtial release and/or reconveyance of this Deed of Trust. 6.12.4. Payment by Borrower. Borrower shall fulfil all obligations to pay money arising under this Section immediately upon demand by Trustee or Lender. Each such obligation shaH be added to, and considered to be part or, the principal of the Note, and shall bear interest from the date the obligation arises at Iha rate applicable to the principal balance of the Note, as such rate may be adjusted. 6.11 Pennined Actions. 6.13.1. Releases, Extensions, Modification, and Additional Security. From time to time, Lender may perfonn any of the following acls without incuning any liability or giving notice to any person: (i) release any person liable for payment of any Secured Obligation; (iij extend lhe time for payment, or otherwise alter the terms of paymen~ of any Secured Obligation; (iii) accept additional real or personal property of any kind as security for any Secured Obligati:ln; or (iv) alter, substitute, or release all or any portion of the Collateral. 6.13.2. Additional Actions. From time lo time Lender, or Trustee when requested to do so by Lender in writing, may pelform any of the following acts without incurring any liability or giving notice to any person and ,.,;thout affecting the personal liability ol any person for payment or performance of any of the Secured Obligations: (i) consent to the making of any plat or map of the Project or any part of I~ (ii) join in granting any easement or creating any covenant or restr'ction affecting the Project; (iii) join in any extension, subordination, or other agreement affecting this Deed of Trust or the lien of it; or (iv) reconvey the Collateral or any part of It without any warranty. 6.14. Partial Reconveyance/Partial Release. Upon Borrower's fulfillment of all of lhe terms and conditions set forth in the Loan Agreement for a partial release of the Collateral, including, without limitation, payment of the applicable release prices set forth in the Loan Agreement, Lender will direct Trustee to execute and deliver a partial reconveyanoe or partial release releasing from the lien of this Deed of Trust each of the separate legally conveyable lots or parcels that oollectlvely constiMe the Land. ~ Deed of rllJ5l /WN -Loan ND. 7/JOJ00/1 N): 20411.01006 4831-8147-5356v1 Page 18 20141014001092.018 6.15. Full Reconveyance. When all of the Secured Obligations have been paid and performed in full and there exists no default under the Loan or any Related Loan, Lender shall request Trustee in 'Miting lo reco1wey the Collateral, and shall surrender this Deed of Trust and all notes evidencing the Secured Obligations lo Trustee. When Trustee receives Lende(s written request for raconveyance and all raconveyance fees, 18COfding fees, and other fees and expenses owing lo it by Borro-hereunder, Trustee shall reconvey the Collateral, or so much of it as is then held under this Deed of Trust, without warranty lo the person or persons legally entitled to It. In the reconveyance, the grantee may be described as 'the person or persons legally entitled thereto,' and the recilals of any matters or facts shall be conclusive proof of their truthfulness. Neither Lender nor Trustee shal have any duty lo determine the right of persons claiming lo be righttut grantees of any reconveyance. 6.16. Late Charge. If Borrower falls to make any payment of an amount due and payable under this Deed of Trus~ a late charge as specified In and measured by the Note may be charged by Lender for the l)IJrpose of defraying the exrra adminisrrative expenses incident lo handling such delinquent payment and the loss of the use of funds resulting from Borrowe(s non-payment when due. Such late charge shall be paid withoot prejudice lo the rights of the holder ol the Note lo collect any other amounts provided lo be paid thereunder. 6.17. Subrogation. Lender shall be subrogated to the liens of al encumbrances, whether released of l8COfd or no~ that are discha,ged in whole or in part by Lender in accordance with this Deed of Trust or with the proceeds of the Loan. 6.18. Notice of Change. Borro-shall give Lender prior 'Mitten notice of any change in: (i) the localion of ils place ol business or its chief executive oll"ice W it has mora than one place of business; (ii) the location of ,r,y of the Collateral, including the Books and Records; and (ul) Borrower's name or business structura. Unless approved by Lender in writing, all Collateral that consisls of personal property (other than the Books and Records) will be localed at the Project and all Books and Records will be located at Borrowe(s place of business, or chief executive office H Borrower has more than one place of business. 6.19. Substitution of Trustee. Lender may appoint a successor rrustee by an instrument executed and acknO'Medged by Lender and recorded in the county in which this Deed of Trust is recorded, and upon such recordatlon, the successor trustee shall become vested with the same powers, rights, duties, and authority of the Trustee v.ith the same effect as H originally made Trustee hereunder. ARTICLE 7. DEFAULTS AND REMEDIES 7 .1. Events of Default. The occurrence of any one or more of the following shall constitute an "Event of Defauh~ 1.1.1. Payment DefaulL Borrowe(s failure lo make any payment when due under the Note or any of the other Loan Documenls within fifteen (15) days after such payment is due, except for obligato:ins due on the Maturity Date, for which thera shall be no grace period. 7.1.2. Default at Maturity. Borrowe(s faiura lo pay all remaining principal, accrued unpaid interest, or any other amounls ootstanding under the Loan Documenls in full on the Maturity Date. 7.1.3. Non-Payment Defaults. Borrower's lailure to perfonn any other covenan~ agreement or obligation to be pertonned by Borrower under this Agreement or any of the other Loan Documents, and such falura is not curad within thirty (30) days after written notice thereof has been given by Lender to Bo~ (or H the faiura is such that the cure cannot be completed within said thirty (30) day COrlsrnJt!i(Jn lleelf al TIIJSI /WA/ -Lo:m No. lfX/30691 ND: 20411.01006 4331-3147·535ev1 Page 19 20141014001092.019 period, failure by Borr~ to commence the cure within said thirty (30) day period and thereafter continue the cure with diligence and complete the cure within ninety (90) days after such written notice). 7.1.4. Unauthorized Transfer. A transfer, purported transfer, or change of ownership or control of Borrower or any Guarantor in violation of Article 8. 7.1.5. Insolvency. Borrower or any Guarantor files a votLB1lary petition in bankruptcy or such a petition is filed against~ or any Guarantor; or Borrower or any Guarantor fies any petition or ans-seeking or acquiescing In any reorganization, arrangement, composition, readjustment, liquidation, d~lution or similar relief for itself under any present or future federal, slate or other statute, law or regulation relating to bankruptcy, insolvency or other relief for debtora; or Borrower or any Guarantor consents to or acquiesces in the appointment ol any truslee, receiver or liquidator cl Borrower, any Guaran1or, or of all or any part ol the Project, or of any or all of the royalties, revenues, rents, issues or profrts thereof, or makes any general assignment for the benefrt of aedilon;, or admits in writing Its inabillty to pay Its debts generally as lhey become due. 7. 1.6. Appointment of Receiver. A decree or order is entered for the appointment of a trustee, receiver, or liquidator for Borra-or any Guarantor or any of the Collateral. 7.1.7. Permitted Encumbrances. Borrower defaults under, violates, or fails lo comply with the terms of any Permitted Encumbrance; 7. 1.8. Money Judgment. A final Judgment, order or decree for the payment of money shall be rendered against Borrower or any Guarantor, and Borrower or such Guarantor shall not satisfy and pay the same or cause it to be discharged v.ithin 30 days from the entry thereof, or shall not appeal therefrom end secure a stay of execution pending S<Jch appeal, or there is an attachment, execution, or other judicial seizure of any portion of the assets of Borrower or any Guarantor and wch seiwre is not discharged or bonded against lo Lendets reasonable satisf~on with in thirty (30) days. 7 .1.9. Misrepresentation. Any representation or djsdOS<Jre made lo Lender by Borrower or any Guarantor proves to be materially false or misleading when made, whether or not that written represenlalloo or disclosure Is contained herein or In any of the other Loan Documents. 7 .1.10. Security Impaired. There is an uninsured casualty with respect to any material portion of the Collateral and Borrower fails to immediately repair such damage, Borrower fails lo satisfy the conditions set forth In the Deed of Trust for lhe release of insurance proceeds or any condemnatioo award, or, whether or not Lender has received and applied inS<Jrance proceeds or any condamnatioo award to the Secured Obligations in accordance v.th the Deed of Trust Lender reasonably determines that its security is impaired by such casualty or condemnation and Borrower fails to immediately deposit in Borrowers Account an amount determined by Lender as necessary to restore such security. 7.1.11. Defaults Under Agreements with Third Parties. Borrower defaults in the performance of any material covenant under any permitted financing related to the Project, or under any sales agreement, lease, or other instrument assigned to Lender as security for the Loan. 7.1.12. Other Defaults Under Loan Documents. Any other Event of Default occurs under the Loan Agreement or any of the other Loan Documents. 7 .1.13. Default Under Related Loan Documents. An Event of Defaul1 occura under any of the Related Loans. 7 .2. Rights and Remedies. Al any lime after the occurrence ol an Event of Default hereunder, Lender and/or Trustee shall have all of the rights and remedies described below, in addition lo any other rights and remedies of Lender under the Loan Agreement the other Loan Documents, or the Cons/fUdion Deed of Trust (W,V-loan No. l0031Jfi91 ND: 20411.01006 4831"8147-536&v1 Page20 20141014001092.020 Related Loan Documents. To the fuDest extent pennilted by law, all of such rights and remedies shall be cumulative and the exercise of any one or more of them shall not consmute an election of remedies: 7.2.1. Receiver. If an Event of Defaull shall have occurred and be contir,,,ing, Lender may, as a matter of right and without regard to the then-cooent value of the Collateral or the 01teresl o/ Borrower therein or the sufficiency of the security for repayment and perfom1ance of the Secured Obligations, upon ex pane application and without notice to Borrower or anyone claiming under Borrower, and without any sho,ang of insolvency, fraud or mismanagement on the part of Borrower, and ,a[houl the necessity of filing any Judicial or other proceeding other than the proceeding for appointment of a receiver, apply to any court having jurisdiction lo appoint receivers for appointment of a custodial or general receiver (at Lende(s sole election) for the CoUateral or any portion thereof, and of the Rents, Issues and Profits. Borrower hereby irrevocably consents and agrees to Iha appointment of a custodial receiver or general receiver with power of sale upon any Event of Default Any such receiver shall have the usual powers and duties of receivers in like or sinilar cases, all the powers and duties of Lender set forth in this Deed of Trust or any of the other Loan Documents, and, In the case of a general receiver, a right to seD the Project. Employment by Lender shall not disquallly a person from serving as receiver. 7.2.2. Cure; Protection of Security. With or withoot notice, and ,athout releasing Borrower from any obligation hereunder, Lender may (but shall not be obligated to) cure any breach or default of Borrower and, tt II chooses to do so in its sole discretion, make such advances and do any and alt other things that h may in its sole discretion consider necessary and appropriate to protect tis Collateral and the security of this Deed ofT rust. In addition to and withool limitation of the foregoing, if Borrower has failed to keep or perfom1 any covenant whatsoever contained in lhis Deed of Trusl or the other Loan Documents, Lender may, but shall not be obligated to any person to do so, perform or attempt to perfonn said covenant, and any payment made or expense incurred in the perfom1ance or altempted perfom1ance of any such covenant shall be and become a pan of the Secured Obligations, and Bomiwer promises, upon demand, to pay to Lender, at the piece whens the Note is payable, al sums so advanced or paid by Lender, ,ath lnleresl from the date when paid or incurred by Lender at the default rate of Interest provided in the Note. No such payment by Lender shall consmute a waver of any Event ol Defautt. In addition to the liens and security Interests hereof, Lender shaa be subrogated to all rights, titles, liens, and security interests secumg the payment of any debt, claim, lax, or assessment lot the payment of which Lender may make an advance, or which Lender may pay. 7.2.3. Entry. Lender, in person, by agent, or by court-appointed receiver, ,alh or without bringing any action or proceeding, may tenn01ate Borrower's right and license to collect the Rents, Issues and Profits and to administer the Leases, and enter, take possession of, complete construction on, manage and operate, and lease or sel, at or any part of the Colaterat, and may also do any and all other things in comection ,ath those actions that Lender may in tis sole discretion consider necessary or appropriate to protect the securily of this Deed of Trust or thal are otherwise pem1itted to be taken or conducted by Lender under the Loan Agreement K Lender so requests, Borrower shall assemble any Collateral that has been removed from the Project and make am of It available lo Lender at the Project site. The entering Uj)On and laking possession of the Project, the collection of the Rents, Issues and Profits and the application thereof, or any of such acts, shall not cure or waive any default or notice of default hereunder or invalidate any other right or remedy lhat Lender may have in response to such default or purauant to such notice and, notwithstanding the continued possession of the Project or the collection, receipt, and application of the Rents, Issues and Profits by Lender, Trustee, or Lender's receiver or agent. Trustee or Lender shall be entided to exercise every right provided for in any of the Loan Documents or by law upon lhe occunrence of any Event of Default cmstn£firln 08ed at fll/SI (WA) -Loan No. 7/X/3Q691 ND: 20411.01006 483H1147-S3S&J1 Page11 20141014001092.021 7.2.4. Uniform Commercial Code Remooies. With respecl 10 an or any part of the Ccilateral thal constilules personal property. Lender shall have all of. and may exercise any or all of, the righls and remedies of a secured party under the Unifonn Commercial Code in effect in the Project Slate. 7.2.5. Judicial Action. Lender may commence and maintain an action or acHons. at law or in equily, in any court ol competent jurisdiction, lo enforce the payment and performance of the Secured Obligations (including, wilhoul limilation, to obtain specific enforcement of the covenants of Bonrower hereunder, and Borrower agrees that such covenants shal be specifically enforceable by injunction 01 any other appropriate equitable remedy). to f01eclose the liens and security lnteresls of this Deed of Trust as against an or any part ol the Collateral, and to have all 0< any part of the Collateral sold under the judgment or decree of a court of competent jurisdiction. Borrower hereby waives the defense of laches and any applicable statule of limttations. If this Deed of Trust is foreclosed by judicial action, and the Collateral sold at a foreclosure sale, the purchaser may, during any redemptlon period allowed, make such repairs or alterations on the Land as may be reasonably necessary for the proper operation, care, preservation. protection and insuring thereof. Any s1111s so paid together wtth interest thereon from the time of such expenditure at the lesser of the default rate under the Note, or the maxi'num rate pennitted by law, shall be added to and become a part of the amount required to be paid for redemption from such sale. In addition, Lender will be entiUed to a judgment providing that, if the foreclOS1Jre sale proceeds are insufficient to satisfy the judgment, execution may issue for the deficiency. 7.2.6. Realization oo Security. Lender may resort to and realize upon 0< waive the securtly hereunder and any other securily now or hereafter held by Lender in such order and manner as Trustee and Lender or either of them may. in their sole discretion, detennine; which resort to such securily may be taken concurrendy or successively and in one 0< several consolidated or independent judicial actions or lawfully taken non-judicial proceedings, or both. 7.2. 7. Power of Sale. Lendier may execute a written notice of such Event of Delaull and of its election to invoke this power of sale to cause all or part of the Collateral to be sold to satlsfy the Secll"ed Obligations. Under this power of sale, Lender shall have lhe discretionary right to cause some 0< all of the Collateral, inciuding any Collateral property that constitutes personal property, to be sold 0< otherwise disposed of in any c0<nbinatlon and in any manner pennltted by applicable law. 7.2.7.1 Sales ol Personal Property. For purposes of this power of sale, Lender may elect to treat as personal property any Collateral property that is inlangible or that can be severed from the Land or Improvements without causing structural damage. If It chooses to do so, Lender may dispose of any personal properly separately from the sale of real property, In any manner permitted by the Unifonn Commercial Code in effect in the Project State. inciudlng any public 0< private sale. or in any manner permitted by any other applicable law. Lender shall have no obugation to ciean-up or otherwise prepare any such Collateral for sale. Any proceeds of any such dlsposlUon shall not cure any Event of Default or reilstate any Secured Obligation. 7.2.7.2 Trustee's Sales of Real Property or Mixed Collateral. Lender may also choose to dispose of some or all of the Ccilateral that consisls saely of real property in any manner then perm~d by applicable law. In ils discretion, Lender may also or altematively choose to dispose of soma or all of the Collateral in any combination conslstlng of both real and personal property, together in one sale to be held in accordance wtth the law and procedures applicable to real property, tt and as pennitted in the Project State. Borrower agrees that such a sale of personal property constitutes a commercially reasonable sale of the personal property. For purposes of this power of sale, either a sale of real property alone, or a sale of both real and personal property together, wil sometimes be referred lo as a "Trustee's Sale~ CDnslnl:ticnDeedof TrusJ (WAJ-loan No. 10030691 NO: 20411.01006 •831-l147-5350vl Page22 20141014001092.022 7.2.7.3 Trustee's Sale Procedures. Before any Trustee's Sale, Lender or Truslee shan give and record such notice of default and election to sell as may !hen be required by law. When all legally mandated tine perlods have elapsed, Trustee shal sell Ille property being sold at a public auction to be held at Ille time and place specified In the notice of sale, and Lender may impose such terms and condlllons of sale as are permitted or allowed by applicable law. From line to time in accordance wilh lhen applicable law, Trustee may, and in any event at Lenders request shal, continue any Trustee's Sale by public aMouncement at !he time and place sched!Jed for that sale, or may, in Its discretion, give a new notice of sale. Also, Lender may horn time to time discontinue or rescind any notice ol default or notice of sale before any Truslee's Sale as provided above, by executing and delivering to Trustee a writtan notice of such discontinuance or rescission. The exercise by Lender of such righl of rescission shal not constKute a waiver of any Event of Default then existing or subsequently occt.rrlng, or in pair Ille right of Lender to execute and deliver to TruS1ee, as above provided, other declarations or notices of default to satisfy the Sacured Obligations, nor othemse affect any provision, covenarit, or condition of any Loan Document or Related Loan Documents, or any of the rights, obligations, or remedies of Trustee or Lender hereunder or thereunder. 7.Z.7.4 Bidding at Trustee's Sale. At any Trustee's Sale, Trustee shall sell to the highest bidder at public auction for cash in tav.ful money of the United States, unless other terms and conditions of sale are prescribed by Lender in accordance v.ilh and as permitted by applicable law. Any person, including, wilhout limilatioo, Borrower or Lender, may purchase at such sale, and Borrower hereby covenants to warrant and defend Ille title of such purchaser or purchasers. Trustee shall execute and deiver to Ille purchase~s) at such sale a deed or deeds conveying Ille property being sold without any covenant or warranty whatsoever, express or implied. The recitals in any such deed ol any mailers or facts, including any facts bearing upon Ille regularity or validity of any Trustee's Sale, shall be conclusive proof of lheir truthfulness. 7.2.8. Single or Multiple Foreclosl.l"e Sales. If Iha Collateral consists of more than ooe lot, parcel or Item of property, Lender may: 0) designate Ille order in vmich the lots, parcels and/or items shall be sold or disposed of or offered for sale or disposilbn; and (iij elect to dispose of the lots, parcels and/or items lhrough a single consolidated sale or disposilbn to be held or made under the power of sale granted herein, or in connection with judi:ial proceedings, or by virtue ol a Judgment and decree of foreclosure and sale; or lhrough two or more such sales or dispositions, each of which may be separately noticed if so elected by Lender and permittad by applicable law; or in any other manner Lender may deem to be in its best interests (any such sale or disposition, a "Foreclosure Sale'). II ii chooses to have more lhan one Foreclosure Sale, Lender at its option may cause the Foreclosure Sales to be held simultaneously or successively, oo the same day, or on such different days and at such different tmes and places and in such order as it may deem to be in its best interests, all as may be pen-nilted under applicable law. No Foreclosure Sale shaU terminate or affect the lien of this Deed of Trusl on any part ol lhe Collateral that has not been sold until all of Ille Secured Obligations have been paid in full. 7.2.9. Releases, Extensions, Modification and Additional Security. Without affecting the liabiity of any person for payment of any of the Secured Obligatioos, Lender may make any agreement or take any action extending Ille maturity or olhemse altering Ille ten-ns or increasing Ille amount of any of the Secured Obligations, and accept additional security or release all or a portion of Ille Collateral and/or other security for the Secured Obligations. 72.10. Acceleration Not Required. Lender may take any of the actioos pen-nittad under Sections 7 .2. 1 through 7.2.3 regardless of the adequacy of Ille security for Ille SeC1Jred Obligations, Ct!n$1rlx:lion Dee(! of 1ros/ (WA) -Loan No. 70030691 ti): 20411.01006 4831-81~7-53S8v1 Pagel] 20141014001092.023 or whether any or all of the Secured Obligations have been declared lo be immediately due and payable, or whelher notice of defaull and election to sel has been given under lhis Deed of Trust. 7.2. 11. Other Remedies. In addition lo the foregoing, upon the occurrence of an Event ol Oefault, Lender and/or Trustee Shall have and may exercise any and au other rights and remedies available lo them al law or in equity. The exelcise or failure lo exercise any right or remedy available lo Lender or Trustee shall in oo event be deemed or construed to be a wsiver or release of any rights or remedies of lender or Trustee under the Loan Documents or the Related Loan Documents, °' at law or in equity. 7.3. Payment of Costs, Expenses, and Attorneys' Fees. Alt costs and expenses reasonably Incurred by Trustee and lender in enforoing the remedies available to them hereunder or otherv,se protecting the Collateral Of other rights or interests of Lender (Including, 'Allhovt limitation, coun costs and reasonable attomeys' fees, whether Incurred In lillgatlon or not, expenses for evidence of tiUe, appraisals and surveys and trustaes' fees, and costs and fees relating lo any bankrtl)tcy, reorganization, or insolvency proceeding) shal constitute an add~ional obligation of Borrower lo Lender. Borrower Shall Immediately reimburse Lender and Trustee for all costs and expenses that Lender or Trustee may incur by reason of, or arising oU1 of, or In connecUon with: (a) any Defaull; (b) any action or proceeding In which Lender Of Trustae may appear or commence lo protect. preserve, exercise or enforce 111eir rights, remedies or security interests under this Deed of Trust, or under any document or instrument evidencilg the Secured Obliga1ions secured by this Deed of Trust, or which otherwise relates lo the Project, including all appeals therefrom; (c) the perfo""ance of any act aU1horized or pe""itted hereunder. and (d) the exercise of any other rights or ramedies under this Deed of Trust, Of under any document or ilstrument evidencing the Secured Obligations secured by this Deed of Trust, or otherwise relating, to Ille protection of lende(s or Trustee's rights and Interest hereunder or under any diocumenl or instrument evidencing the Secured Obligations secured hereby, whether or not a suit or proceeding Is inst!uted. Such costs and expenses shan include without limitation Ille fees, Charges and expenses of attorneys, engineers, accountanls, appraise,., expert witnesses, consultants and other professional assistants and advise,., costs and expenses of searching records, examining title and determining rights in, tide to, or the value of, the Project. or the boundaries lheraof, including bul not limited to tiUe company charges, tiUe insurance premiums, survey costs, publication costs, and other charges incident thereto, all whether or not a suit or proceeding is instituted. Borrower agrees to and shall pay, immediately and without demand, all sums so expended by Lender or Trustee, together with interast from the dale of expenditure, at the highest legal interest rate then payable under the Loan Docume,its, mt of which sums plus interest shall constitute addltional Secured Obligations secured by this Deed of Trust. 7.4. Remedies Nol Exclusive. Trustee and/or Lendler shall be entitled lo enforce the payment and perf0<mance of any Secured Obligations and to exercise any and ell rights, powers, and remedies under this Deed of Trust, any other loan Document, or any Reia1ed Loan Document, notwithstanding the fact that some or all of the Secured Obligations may now or hereafter be otherwise secured. Trustee and/or Lender shall be entiUed to enforce all sueh rights concurrently or separalely, in sueh order and manner as 111ey or either of them may In their absolute discretion dete""lne. No ramedy is intended lo be exclusive of any other remedy, but each shall be cumulative and in addition to lhe others, to Ille fulest extent permitted by law. 7 .5. Miscellaneous. 7 .5.1. Lender may release, regardless of consideration, any pan cf the Collateral wilhou~ as lo the ramainder, in any wsy inpairing, affecting, subordinating, or releasing the lien or security interasts evidenced by this Deed of Trust or the other loan Documents or affecting the obligations of Constnx:Jim Deed d TflJSl /W,11-1.D/Jn ~ JQ()3Q691 NJ: 20411.01006 4831,8147,535"'1 Page24 20141014001092.024 Borrower or any other party to pay and pe~orm the Secured Obligations. For payment of the Seoured Obligations, Lender may resort to any of the collaleral therefor in such order and manner as Lender may elect. No collateral heretofore, herewith, or hereafter taken by Lender shall in any manner impair or affect the collateral given pursuant to the Loan Documents, and all collateral shall be taken, considered, and held as cumulative. 7.5.2. Borrower hereby irrevocably and uncondilionaDy waives and releases: (i) all benefils lhat might accrue to Borrower by virtue of any present or future law exempting the Collateral from attachment levy or sale on execution or providing for any appraisement, valuation, slay of execution, exemption from civil process, redemption, or extension of time for payment (ii) notioes o/ any Event of Default or of the exercise of any right remedy, or recourse not expticiUy required under the Loan Oocumenls; and (iii) any right to a marshaling o/ assets or a sale in inverse order of alienaUon. ARTICLE 8. ASSIGNMENT 8.1. No Assignment or Encumbrance Without Lender's Consent. Borrower acknov.4edges and agrees that the Secured Obligations are personal to Bo~ and that the identity of Borrower and its members, shareholders, partners and employees, and o/ any Guarantors, and the relationship between Borrower and Lender, Borrowe(s creditworthiness, business expertise, financial condition, and continued control of the Colateral were material inducements upon which Lender relied in arranging the Secured Obligations. Accordingly, Borrower shall not without Lende(s prior written consent or as otherwise expressly permitted in the Loan Documents: (ij sell, conwy, assign, encumbe<, or otherwise transfer any of its right title, or ;nterest in and to the Collateral or any olller Projecl asset, whether such transfer or encumbrmoe is voluntary or by operation of law, (Ii) sen, assign, or transfer Its interest as borrower under lhe Secured Obligations, or (iiij transfer any stock or other ownership interest that would cause a material change in the control of Borrower (exduding, however, transfers of the interests of limited partners or non- managing members of Borrower if such transfers do not materiaUy dininish the powers of the general partner or manager of Borrower or olherw~e cause a material change in the rights to manage and con~ol Borrower), Any attempted assignment without such prior written consent shall be null and void, and of no effect, and shall also constitute an Ewnt of Default. 8.2. Conditions to Approval of Assignment. As a condition of approving any assignment, Lender may impose such requiements and conditions as ii determines are appropriate in its sole discrelion, induding, without limitation, the requirement that Borrower and the assuming party pay, in advance, any and all reasonable costs and expenses, Including reasonable attorney's and accountant's fees incurred by Lender in connection therewith. No approval of any assignment will release Borrower from any liability under the Loa, Documents without Lende(s pnor written consent which consent may be freely withheld. 8.3. Loan Due upon Prohibited Tra,sfer or Encumbrance. Upon any transfer, assignment, or encumbrance for which Lendets written approval is required bul has not been obtained, the entire outstanding balance owing under the Note, including principal, aocrued interest, and any other amounts owing under the Loan Documents shall become due and payable at Lenders option, without any requirement for notice or demand, and Lender may pursue any remedies granted to It under this Deed of Trust or any of the other Loan Documents. 8.4. Assignment and Participation by Lender. Lender shall have the nght at any line and from time to time and upon notice to Borrower, lo assign or sell the Secured Obligations, and/or any one or more participations In the S8C1Jred Obligations, or to include such obligations in a securitized pool of ClJns/nJcJkJn Deed of Trusl (WI\I-Loan Na 7003IJ691 NO 204\\.01008 483\-11'7-5358,I Page25 20141014001092.025 indebtedness, accompanied by an assignment and/or delegation of any or all related rtghls or obligations of Lender under the Loan Documents, without the need for any form of consent from Borrower. ARTICLE 9. RIGHTS UNDER CONDOMINIUM LAWS AND CC&RS This Deed of Trust shaU include the following rights in connection with any condominium project or subdivisioo lo be developed on lhe Land: 9.1. Security Interest in Rights Under Condominium Laws and CC&Rs. This Deed of Trust and Lende(s security lnteresl hereunder shall extend to all of Borrowefs right, titie, and interest in and to any and all untts, common elements, development righlS, declarant rights and any other rlghlS of Borrower in !he Project now existing or subsequently arising under (n an laws now existing or later enacted relating to condominiums (collectively, the 'Condominium laws') and (ii) any covenanlS, condilions, and restrictions or condominium declaration governing the Projecl. as the sane may be amended from time to time (collectively, the 'CC&Rs'). 9.2. Representations and Warranties. Borrower hereby represenls, warrants, and agrees: 9.2.1. To provide Lender, upon request, with copies of (a) any CC&Rs, plat, or condominium survey map and plans r Sufllllj') affecting the Projecl (b) any documents establishing or governing any condominium association or homeowners association for the Project (each an 'Assoc/at/off) or governing the actions of owners, including, wllhout llmltaUon, articles of incorporation or bylaws of any Association, design guidelines, or rules arid regulations adopted by the Association, and (c) any amendmenls lo any of the fnfegolng (collectively, the ·Governing Dacumen/5); 9.2.2. If required by Lender, not to file, record, adapl amend, or cause to be adopted, lied, recorded, or amended, any Governing Documents without the prior written consent of Lender, which consent Lender shall not unreasonably withhold; 9.2.3. If required by Lender, to take those steps necessary to ensure fhat all Governing Documents for the Project comply with the condominium requirements, n applicable, of the Federal Housing Administration, the VA, fhe applicable version of the Fannie Mae Selling Guide, and the applicable velSlon of the Freddie Mac Single-Family SellerlServicer Guide; 9.2.4. To satisfy all obllgatlons of, to make all payments due from, and to observe and perfom, al temis and condHions to be perfom,ed by, Borrower (whether as a unH owner; Association member, director, or officer; or declaranl) urlder the Governing Documenls, Condominium Laws, and other applicable law; 9.2.5. During any period ol Borrower's declarant control, to cause the Association's officers and drectors appointed by Bonower to comply with the Governing Documents and applicable law; 9.2.6. To prepare and file such annual reports and other documents as may be necessary to maintain entlly registration of any Association controlled by Borrower or an affliate of Borrower, in the state where the Project is located; 9.2.J. Not to take any actioo that would render the Projecl a 'conversion condominium' under applicable law; and 9.2.B. To pay all charges, incuding all common ex~se liabilities and assessments (special or general), insurance, taxes, and other ttems Borrower is or may later be responsible for paying under the Governing Documenls, Condominium Laws, or other applicable laws. COIISJ/lJt:lion Geed of TIIJS/ /WA/ -LO/JJI No. l()fJ3(J691 NO: 2C.W11.0t006 W.1-8147-535&t1 Page26 20141014001092.026 9.3. Proxy. Until such time as this Deed of Trust is fully reco,weyed of record, Boll0W8l pledges to Lender its vote and consUtutes Lender as Borrowers proxy (which appointment is coupled with an interest) with sole right to vote upon: 9.3.1. 81\Y partition of all or any portion o/ the Land subject to a condominium declaraUon; 9.3.2. the nature and amount of any insurance with respect to any such property and disposition of any proceeds thereof; 9.3.3. the manner in which any condemnation or threat thereof shall be defended or settled; 9.3.4. determination as to whether or not to restore or rebuild any portion of the Improvements; 9.3.5. assessment of any expenses other than routine periodic assessments; and 9.3.6. removal of all or any portion of the Land or Improvements from the provisions of the Condominium Laws. Notwithstanding the foregoing, during the occurrence of any Event of Default at Lende(s election, Borrower shall pledge to Lender its vote(s) and consUMe Lender as Borrowers proxy (which appointment is coupled with an interest) with sole right to cast tts vote(s) on all actions o/ any nature whatsoever submilled to a vote o/ the members of any Association governing any portkln of the Project. Borrower hereby authorizes Lender, as Borrowers attorney-in-fact, to execute and deliver any such proxy to the Association. 9.4. Authorized Representative. Lender is hereby appointed Borrowers authorized representative (which appointment Is coupled with an Interest) for the inspection of books and records as provided in the condominium declaration and/or byla-m, which appointment is irrevocable unti such time as this Deed of Trust is reconveyed of iecord as herein provided. 9.5. Notices, Etc. Borrower wit provide, upon request of Lender, true and correct copies of: 9.5.1. any notices to the members of the Association; 9.5.2. minutes of any Association meetings including owners meetings and Board meetings; 9.5.3. any statement of financial condnion of the Association, including any budgets or proposed budgets; 9.5.4. any statement showing allocation of propMionat occupancy, expenses and assessments issued to Bo1TOwer. 9.5.5. any notice of default issued to Borrower, 9.5.6. My Public Offering Statement prepared for the Project; and 9.5.7. MY amendment or proposed amendment lo the Governing Documents. 9.6. Payment of Common Expenses. Unless prohibited by law, Lender or Trustee, either prior to, contemporaneously 'Mth, or subsequent to the foreclosure of this Deed of Trust or while pending the expiration of any applicable redemption period subsequent to a Judicial foreclosure and sate upon exeC1Jtion of the Project, may pay common expenses for which Borrower may be liable to an Association, and subsequent to such payments Lender shal have a lien 'Mlhoul merger on the Project tor the amount paid of the same priority as the lien of this Deed of Trust, or tt subsequent to sale or execution, said lien Cons/1u<tion /Jeed of rrosr !WAI -Loan N~ 7003l/691 ND: 20411.01006 4831-8147-535&.,1 Page27 20141014001092.027 shall be prior to any lien held by any redemptioner as defined by law. If Lender is the successful bidder at any sale upon execution subsequent to a judicial foreclosure and obtains possessory rights lo lhe CoOaleral subjecl to redemption by !he judgment debtor or redemption as defined by law, any payments made by !he Lender or its successor in interest to satisfy condominium assessments levied and payable during !he redemption period shall, In the event of any redemption, be recoverable by Lender from lhe judgment debtor or its successors in interest, or any redemptioner in the same manner as any other assessment or tax would be recoverable. 9.7. Required Consent of Lender. Borrower shall not except with Lende(s prior written consent 9.7.1. create or sell condominium units in phases; Lender must specifically approve the struclure of any phasing plan and any amendments to lhe condominium declaration for lhe purpose of adding additional phases to a condominium projecl; 9.7.2. convert condominium units or any portion lhl!ll!Of into common elements; 9.7.3. partition or subdivide the Land or the Project; 9.7.4. lake any action lhat would render the Project a 'conversion condominium' under appli:able law; 9.7.5. consent to the abandonment or termination of any condominium project except for abandonment or termination provided by law in the case of substantial destruction by fire or other casualty or in the case of tal<lng by condemnation or eminent domain; or 9.7.6. consent to any material amendment to the Governing Documents, Including, 'Mlhout limitation, any amendment thal wo!Ad change a condominium unit owne(s allocated interest in the common elements of a condominium. ARTICLE 10. MISCELLANEOUS PROVISIONS 10.1. Additional Provisions. The Loan Documents fully stale all of the terms and conditions of the parties' agreement regarding lhe matter., mentioned in or incidental to this Deed of Trust The Loan Documents also grant further rights to Lender and contain further agreements and affirmative and negative covenants by Borrower that apply to this Deed of Trust and to the Collateral. 10.2. Re,Appraisal. Lender shall have the right lo re-appraise the Collateral and require an immediale re-margining prepayment of lhe Loan in acamfance with the terms and conditions of the Loan Agreement 10.3. Limita1ion on Interest and Charges. Borrower agrees to an etlective rate of interest that Is the rate provided for In the Note, plus any additional rale of inlerest resulting from any other charges in the nature of inlerest paid or to be paid by or on beha~ of Borrower, or any benefit received or to be received by Lender, in connection with the Secured Obligations. The inlerest fees end charges under the Loan Documents shall not exceed the maximum amounts permitted by any applicable law. If any such interest, fee or charge exceeds the maximum, the interest fee or charge shall be reduced by the excess and any excess amounts already collected from Borrower shall be refunded. Lender may refund such excess either by treating the excess as a prepayment of principal under the Note or by making a direct payment to Borrower. The provisions of !his paragraph shall control over any inconsistent provision in the Loan Documents. c.onstnx:tion Deed otrrost (WA)-l0/111 No. ltXIJl/691 NO; 20411.01006 4831-.8147-5356¥1 Page28 20141014001092.028 10.4. Permitted Contests. Borrower may contest or object in good faith to the amount or validity of any tax, assessmen, claim, demand, levy, Hen, encumbrance, charge or notice of noncompliance asserted by a third party (collectively, a "Claim;, but ooly in accordance vnth the following conditions: (i) Borrower shall first give written notice to Lender and deposit with Ler,:fer a bond or other security satisfactory to Lender in such wnount as Lender shall reasonably require, up to 150% or the amount of the Claim or other sum in controversy, and shal have demonstrated to Ler,:fefs reasonable satisfaction that no portion of the Collateral will be sold to satisfy the Claim prior to final resolution; (IQ Borrower shall promptly and diigently proceed to cause the Claim lo be set11ed and discharged in a manner not prajudicial to Lender or its rights hereunder, (iii) ~ Borrower shall fail to proceed dilgenUy to discharge the Claim, then, in addition to any other right or remedy of Lender, Lender may, but shal not be obligated to, discharge the swne, by paying the amount clamed lo be due, or by deposltilg in ccurt a bond or the amount claimed or otherwise giving security for such Claim, or in such manner as Is or may be preSCf1bed by law, at Borrowe~s expense; ~v) Lender may employ an attorney or attorneys to protect its rights hereunder, and in such even, Borrower shall pay Lender the reasonable attorneys' fees and expenses Incurred by Lender, whether or not an action is actually commenced against Borrower by reason of any default hereunder; and (Y) Borrower shall have provided such good and sufficient undertaking as may be required or pennitted by law to accomplish a stay of any legal proceedings then pending In connection with the Claim. 10.5. Cooperation. Borrower shal, upon request, cooperate llith Lender or Trustee lo correct any defect, error or omission that may be discovered in the contents of this Deed of Trust or in the execution or acknowledgment hereof, and will execute, acknowledge, and deliver such further lnstn111ents and take such further actions as may be reasonably requested by Ler,:fer or Trustee to carry out more effectively the purposes of this Deed of Trust. 10.6. Obligations of Borrower, Joint and Several. If more than one person has executed this Deed ofTrusi as Borrower, the obligations of al such persors hereur,:fer shall be joint ar,:f several. 10.7. Severabiltty. If any tenn of this Deed of Trust, or the application thereof to any person or cin:umstances, shall, to any extent. be invalid, void or unenforceable, the remainder of this Deed of Trust, or the appllcatlon of such term to persons or cln:umstances other than those as to which ii is invalid, voi:I or unenforceable, shall not be affected thereby, and each tenn of this Deed of Trust shall be valid and enforceable to the Ulest extent pennltted by law. If the lien of this Deed of Trust Is lnvafi:I, void or unenforceable as to any part ol the Secured Obligations, or if the lien is invalid, void or unenforceable as to any part of lhe Collateral, the unsecured or partially secured portion of such indebtedness shall be completely paid prior to the payment of the remaining and secured or partially secured portlon of such Secured Obligations, and all payments made on such Secured Obligations shall be considered to have been first paid on and applied to the full payment of that portion of such Indebtedness that is not secured or fully secured by the lien of this Deed of Trust 10.8. No Waiver or Cure. No waiver or delay or omission in the exercise or enforcement by Lender of any or Its rights or remedies hereunder or under any of the other Loan Documents shall be considered a waiver of any subsequent application of, or right to enforce, such right or remedy, or of the right to enforce any other right or remedy of Lender in another instance. Ful1hennore, no waiver of Lend~s rights or remedies in one or more instances shal establish a course of dealing or other agreement that will bir,:f Ler,:fer or prohibit Lender from enforcing the tenns of this Deed of Trust or any other Loan Document in another Instance. 10.9. Additional Security. If Ler,:fer at any time holds additional security for any of the Secured Obligations, all such security shall be taken, considered, and held cumulatively, and Lender may enforce the sale thereof or otherwise realize upon the same, at its option, either before or concurrenUy with the exercise of any of its rights or remedies hereunder or after a sale is made hereunder. The taking of COIIS/IUCtian Deed ar rrus1 (WIIJ-Loan No. 70030691 NO: 204\1.01006 4i31-1147.s366,I Page29 20141014001092.029 additional security, the execution of partial releases of the security, or any extension of the time of payment ol the Secured Obligati011s shall not diminish the force, effect, or lien of this Deed of Trust and shall oot affect or Impair the llabiity of any maker, surety, or endorser for the payment of any such indebtedness. 10.10. Imposition of Tax. For purposes ol this Section, "Tax" means: {a) a specific tax on deeds of trust or oo all or any part of the indebtedness secured by a deed of trust; or (b) a specirlc tax on the owner of the Collaleral covered by a deed of trust which the taxpayer is authorized or required to deduct from payments oo debt secured by the deed of trust; or {c) a tax on property covered by a deed of trust chargeable against a beneficiary or trustee under the deed of trust or the holder of the note secured by the deed of trust; or (d) a specific tax (other than an income tax or a gross receipts tax) on all or any portion of the obligations secured hereby or on payments of principal and interest made by a grantor under a deed of trust. If any Tax is enacted subsequent to the date of this Deed of Trust. enactment of the Tax shall constitute an Event of Default, and Lender may exercise any or all of the remedies available to tt upon the occurrence of any Event of Default, unless the following conditions are met: rn Borrower can lawfu!y pay the Tax without causing any resulting economic disadvantage or increase of tax to Lender or Trustee; and (ii) Borrower pays the Tax {including any tax on the payment made) within thirty (30) days after notice from Lender that the tax law has been enacted. 10.11. No Offset Bonowers obligation to timely pay and perform au obigaUoos under the Note, this Deed of Trust, and the other Loan Documents shall be absolute and unconditional and shal nol be affected by any event or circumstance; including v.ithout limitation any setoff, counterclaim, abatement, suspensioo, recoupment, deducti011, defense or any other right that Borro-or any Guarantor may have or claim against Lender or any other person or entity. The foregoing shall not C011stitute a waiver of any daim or demand which Borrower or any Guarantor may have in damages or otherwise against Lender or any other person or entity; provided that Borrower shall maintain a separate action thereon. 10.12. Accommodations to Successors. The liability of the original Bonower shall oot be released or changed W Lender grants any successor In interest to Borrower any extension of time for payment, or modifocation of the terms of payment, of any Secured Obligation. Lender shal not be required to comply v.;th any demand by the original Bcnower that Lender refuse to grant such an extension or modifocation to, or commence proceedings against, any such successor In Interest. 10.13. Amendments. This Deed of Trust canoot be waived, changed, discharged or terminated orally, but only by an Instrument In writing signed by Borrower and Lender. 10.14. Successors in Interest Subject to the limitations on transfer contained in the Loan Documents, Iha tenns, covenants, and conditions herein contained shall be binding upon and inure to the benefit of the heirs, legatees, devisees, administrators, executors, successors and assigns of the parties hereto. 10.15. Modification and Extensions. References to the Note, the Loan Agreement, the Loan Documents and the Related Loan Documents in this document shall be deemed to include an modifications, extensions, and renewals thereof. 10.16. Applicable Law. The provisions of this Deed of Trust shall be governed by and construed in accordance with the laws of the Project State, v.;tt,out regard to the choice of law rules of the Project State and except to the extent that federal laws preempt the laws of the Project State. 10.17. Merger. No merger shal occur as a result of Lender's acquiring any other estate in or any other lien on the Collateral unless Lender consents to a merger in wrning. 10.18. Waiver of Marshaling. Borrower waives al rights, legal and equnable, it may now or hereafter have to require marshaling of assets or to require upon foreclosure sales of assets in a particular C005/ll£/ion Deed of TflJSI (WAJ -loan NIJ. 70030691 ND; "3,411.01006 W1-8147-535&11 PageJQ 20141014001092.030 • order. Each successor and assign or Borrower, including any holder of a lien subordinale to lhis Dee(l of Trust, by acceptance ol its ilterest or lien agrees that it shall be bound by the above waiver, as if it had given the waiver Itself. 10.19. Waiver of Jury Trial. BORROWER AND LENDER HEREBY JOINTLY AND SEVERALLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING RELATING TO THIS INSTRUMENT AND TO ANY OF THE LOAN DOCUMENTS, THE OBLIGATIONS HEREUNDER OR THEREUNDER, ANY COLLATERAL SECURING THE OBLIGATIONS, OR ANY TRANSACTION ARISING THEREFROM OR CONNECTED THERETO. BORROWER AND LENDER EACH REPRESENTS TO THE OTHER THAT THIS WAIVER IS KNOWINGLY, WILLINGLY AND VOLUNTARILY GIVEN. 10.20. Notice of Indemnification. BORROWER HEREBY ACKNOWLEDGES AND AGREES THAT THIS DEED OF TRUST CONTAINS CERTAIN INDEMNIFICATION PROVISIONS WHICH. IN CERTAIN CIRCUMSTANCES, COULD INCLUDE AN INDEMNIFICATION BY BORROWER OF LENDER FROM CLAIMS OR LOSSES ARISING AS A RESULT OF LENDER'S OWN NEGLIGENCE. 10.21. Incorporation ol Exllibits and Riders. The following Exhibits and/or Riders attached to this Deed ofTrusl are incorporated herein and expressly made a part hereof by this reference: Exhibit A -Legal DescripUon (Remainder of page intentionally left blank; signatures appear on the following page.] CorJ$tnJClion Deed d TrUSI {W,1) -Loan No. 7(}()J()691 NO: 3>411.01006 4831-81 .. 7-535&v1 Page31 20141014001092.031 • 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. Executed as or the day and year first written above. GrantorfTrustor/Debtor/Borrower: GREENLEAF-LAROSA, LLC, STATE OF WASHINGTON COUNTY OF K t n'1} } ss. a Washington limiled liability company By CHG SF, L.L.C .. a Washington limited llablllly company ld.41~ Name: Charles F. Conner Tille: Manager State Organizational ID No.: 603376103 I certify that I know or have satisfactory evidence that Char1es F. Conner is the person who appeared before me, and said per,on acknowledged that he s~nec this instniment, on oath stated that he was aulhorized to execute the instrument and acknowl~ed it as the Manager of CHG SF, LL.C., the Washington liniled liability company that is the Manager of GREENLEAF-LAROSA, LL.C., a Washington limited liabiity company, to be the free and voluntary act of such party for the uses and purposes menooned in the instrumenl. DATEDlhis_i_ dayof Qe,-jpper ConstJIJC/lon Deed of Tru51 (WA) -Loan No. 1003//691 ND: 20411.D1006 483141147·~1 NOTARY PUB IC In and for the State of Washington, residing al ~ If(( ""4: My Commission Expires \ 1 /UY. 8 • PageJ2 20141014001092.032 • EXHIBIT A LEGAL DESCRIPTION DF LAND Parcel A: The South Half of the Southeast Quar1er of lhe Northeast Quarter of the Southwest Quarter of Section 32, Town ship 23 North, Range 5 East, Wilamelle Meridian, in King County, Washington; Except the West 240 feel of the East 270 feel of the South 120 feel !hereof; and Except the West 125 feel of the East 155 feel of the North 15 feet ol lhe Sooth 135 feet thereat, and Except the North 83.5 feel thereof; and Except lhe East 30 feet thereof as conveyed lo King County for road purposes by deed recorded under recording number 791759; and Except lhal portion thereof conveyed lo lhe State of Washington by warranty deed recorded under recording number 7208240314. Parcel B: The South 16.50 feel of the North Half of the Southeast Quartet of the Northeast Quarter of the Southwest Quarter of Section 32, Towns hip 23 North, Range 5 East wmamette Meridian, in King County, Washington; Except the East 340 feel thereot, and The North 83.50 feel of the South Half of the Southeast Quarter of the Northeast Quarter of the Southwest Quarter of said Section 32; Except the East 340 feel thereof. Parcel C: The West 150 feel of the East 340 feel of the Soulh 16.50 feet of lhe North Half of lhe Southeast Quarter of the Northeast Quarter of 1he Southwest Quarter of Section 32, Township 23 North, Range 5 East. Willamelle Meridian, in King County, Washington; and The West 150 feet of the East 340 feet of lhe North 83.50 feel of the Soulh Half of the Southeast Quarter of the Northeast Quarter of the Soulhwest Qu!Wler of said SecUon 32. ParcelD: The East 190 feet of the South 16.50 feet of the North Half of the Soulheast Quarter of the Northeast Quarter of lhe Southwest Quarter of Section 32, Towns hip 23 North, Range 5 East, Wilamette Meridian, in King County, Washington; and The East 190 feel of lhe North 83.50 feet of lhe South Half of the Southeast Quarter of lhe Northeast Quarter of lhe Soulhwest Quarter of said Section 32; Except lhe East 30 feel thereof conveyed to King County for road purposes by deed recorded under recording number 791759; and Comln.<lioo Deed of Trust /W/1,1-Lasn No. 7(){)3{)691 ND: 20411.01008 4831-8147..s356vl Exm/JlA-Psgel 20141014001092.033 f Except that portion thereof oonveyed to the State of Washington by warranly deed recorded under recoroing number 7206210426. Parcel E: Lot A of Cily of Renton Lot Line Adjustment No. LUA-14-000190-LlA (Panther Lake), recorded under recording number 20140905900012, in King County, Washington. CIXIS/rUCtxJn Deed at TIIJSI (WA) -/.JJdn No. l/XJ30691 ND: 20411.0HlO& •831.a1,7.5~1 fXhi/JitA-Pagel 20141014001092.034 14156 FINAL PLAT GREENLEAF Parcel Name: BOUNDARY North:161,289.3822' East: 1,302,259.4394' Segment# I: Line Course: Nl 0 23' 12"E Length: 354.88' North: 161,644.1583' East: 1,302,268.0273' Segment# 2: Line Course: N89° 53' 43"E Length: 172.41' North: 161,644.4734' East: 1,302,440.4370' Segment# 3: Line Course: Nl 0 26' 22"E Length: 1.44' North: 161,645.9129' East: 1,302,440.4732' Segment# 4: Line Course: N89° 53' 43"E Length: 443.94' North: 161,646.7244' East: 1,302,884.4125' Segment# 5: Line Course: SI O 26' 22"W Length: 222.42' North: 161,424.3745' East: 1,302,878.8252' Segment# 6: Line Course: N89° 59' 56"W Length: 115.02' North: 161,424.3768' East: 1,302,763.8052' Segment# 7: Line Course: Sl O 26' 21 "W Length: 15.00' North: 161,409.3815' East: 1,302,763.4284' Segment# 8: Line Course: N89° 59' 56"W Length: 115.00' North: 161,409.3837' Ea,t: 1,302,648.4284' Segment# 9: Line Course: Sl O 26' 21 "W Length: 120.04' North: 161,289.3816' East: 1,302,645.4136' Segment# 10: Line Course: S89° 59' 56"E Length: 120.86' North: 161,289.3793' East: 1,302,766.2736' 6/4/15 llPage 14156 FINAL PLAT GREENLEAF Segment# 11: Line Course: SI O 24' 27"W Length: 170.31' North: 161,119.1206' East: 1,302,762.0902' Segment# 12: Line Course: N89° 55' 43"W Length: 67.05' North: 161,119.2042' East: 1,302,695.0403' Segment# 13: Line Course: SI O 22' 31 "W Length: 170.22' North: 160,949.0332' East: 1,302,690.9549' Segment# 14: Line Course: N89° 51' 29"W Length: 421.95' North: 160,950.0786' East: 1,302,269.0062' Segment# 15: Line Course: Nl 0 22' 26"E Length: 339.41' North: 161,289.3910'East: 1,302,277.1441' Segment# 16: Line Course: N89° 59' 56"W Length: 17.70' North: 161,289.3913' East: 1,302,259.4441' Perimeter: 2,867.67' Area: 345,082.35Sq.Ft. Error Closure: 0.0103 Course: N27° 09' 48"E Error North: 0.00912 East: 0.00468 Precision I: 278,412.62 6/4/15 21Page 14156 FINAL PLAT GREENLEAF Parcel Name: LOT 1 North:161,646.5835' East:1,302,808.2406' Segment# 1: Line Course: N89° 53' 43"E Length: 52.00' North: 161,646.6785' East: 1,302,860.2405' Segment# 2: Line Course: S0° 06' 24"E Length: 86.29' North: 161,560.3887'East: 1,302,860.4011' Segment# 3: Curve Length: 16.36' Radius: 25.00' Delta: 37°29'00" Tangent: 8.48' Chord: 16.07' Course: S71° 09' 06"W Course In: N37° 35' 24"W Course Out: S0° 06' 24"E RP North: 161,580.1986' East: 1,302,845.1510' End North: 161,555.1986' East: 1,302,845.1975' Segment# 4: Line Course: S89° 53' 36"W Length: 36.79' North: 161,555.1301' East: 1,302,808.4076' Segment# 5: Line Course: N0° 06' 24"W Length: 91.45' North: 161,646.5799' East: 1,302,808.2373' Perimeter: 282.88' Area: 4,730.31Sq.Ft. Error Closure: 0.0048 Course: S42° 52' 08"W Error North : -0.00351 East: -0.00326 Precision I: 58,935.42 6/4/15 3IPage 14156 FINAL PLAT GREENLEAF Parcel Name: LOT 2 North: 161,555.1347' East: 1,302,808.4109' Segment# 1: Line Course: S89° 53' 36"W Length: 50.00' North: 161,555.0416' East: 1,302,758.41 IO' Segment# 2: Line Course: NO' 06' 24"W Length: 91.45' North: 161,646.4915' East: 1,302,758.2407' Segment# 3: Line Course: N89° 53' 43"E Length: 50.00' North: 161,646.5829' East: 1,302,808.2406' Segment# 4: Line Course: SO' 06' 24"E Length: 91.45' North: 161,555.1330' East: 1,302,808.4109' Perimeter: 282.90' Area: 4,572.49Sq.Ft. Error Closure: 0.0017 Course: S0° 06' 20"E Error North : -0.00170 East: 0.00000 Precision 1: 166,411.76 6/4/15 41Page 14156 FINAL PLAT GREENLEAF Parcel N amc: LOT 3 North: 161,646.4007' East: 1,302,708.2407' Segment# 1: Line Course: N89° 53' 43"E Length: 50.00' North: 161,646.4920' East: 1,302,758.2407' Segment# 2: Line Course: S0° 06' 24"E Length: 91.45' North: 161,555.0422' East: 1,302,758.4109' Segment# 3: Line Course: S89° 53' 36"W Length: 50.00' North: 161,554.9491' East: 1,302,708.4110' Segment# 4: Line Course: N0° 06' 24"W Length: 91.45' North: 161,646.3990' East: 1,302,708.2407' Perimeter: 282.90' Area: 4,572.57Sq.Ft. Error Closure: 0.0017 Course: S0° 06' 20"E Error North: -0.00170 East: 0.00000 Precision 1: 166,411.76 6/4/15 5IPage 14156 FINAL PLAT GREENLEAF Parcel Name: LOT 4 North: 161,646.3092' East: 1,302,658.2408' Segment# I: Line Course: N89° 53' 43"E Length: 50.00' North: 161,646.4006' East: 1,302,708.2407' Segment# 2: Line Course: S0° 06' 24"E Length: 91.45' North: 161,554.9508' East: 1,302,708.4110' Segment# 3: Line Course: S89° 53' 36"W Length: 50.00' North: 161,554.8577' East: 1,302,658.4111' Segment# 4: Line Course: NO' 06' 24"W Length: 91.45' North: 161,646.3075' East: 1,302,658.2408' Perimeter: 282.91' Area: 4,572.66Sq.Ft. Error Closure: 0.0017 Course: S0° 06' 20"E Error North: -0.00170 East: 0.00000 Precision I: 166,411.76 6/4/15 GI Page 14156 FINAL PLAT GREENLEAF Parcel Name: LOT 5 North: 161,646.3092' East: 1,302,658.2408' Segment# 1 : Line Course: S0° 06' 24"E Length: 91.45' North: 161,554.8594' East: 1,302,658.4111' Segment# 2: Line Course: S89° 53' 36"W Length: 50.00' North: 161,554.7663' East: 1,302,608.4112' Segment# 3: Line Course: N0° 06' 24"W Length: 91.46' North: 161,646.2262' East: 1,302,608.2409' Segment# 4: Line Course: N89° 53' 43"E Length: 50.00' North: 161,646.3175' East: 1,302,658.2408' Perimeter: 282.91' Area: 4,572.75Sq.Ft. Error Closure: 0.0083 Course: N0° 06' 25"W Error North : 0.00830 East: -0.00002 Precision 1: 34,085.54 6/4/15 71Page 14156 FINAL PLAT GREENLEAF Parcel Name: LOT 6 North:161,646.1264' East:1,302,558.2410' Segment# I: Line Course: N89° 53' 43"E Length: 50.00' North: 161,646.2178' East: 1,302,608.2409' Segment# 2: Line Course: SO' 06' 24"E Length: 91.46' North: 161,554.7580' East: 1,302,608.4112' Segment# 3: Line Course: S89° 53' 36"W Length: 34.18' North: 161,554.6943' East: 1,302,574.2312' Segment# 4: Curve Length: 15.92' Radius: 81.50' Delta: 11°11'30" Tangent: 7.99' Chord: 15.89'Course: S84° 17' 5l"W Course In: S0° 06' 24"E Course Out: Nl 1° 17' 54 11 W RP North: 161,473.1945' East: 1,302,574.3830' End North: 161,553.1150' East: 1,302,558.4157' Segment# 5: Line Course: N0° 06' 24"W Length: 93.01' North: 161,646.1249' East: 1,302,558.2425' Perimeter: 284.56' Area: 4,580.97Sq.Ft. Error Closure: 0.0022 Course: S44° 42' 11 "E Error North: -0.00155 East: 0.00153 Precision 1: 129,350.00 6/4/15 Bl Page 14156 FINAL PLAT GREENLEAF Parcel Name: LOT 7 North:161,646.0350' East:1,302,508.2411' Segment# I: Line Course: N89° 53' 43"E Length: 50.00' North: 161,646.1264' East: 1,302,558.2410' Segment# 2: Line Course: S0° 06' 24"E Length: 93.01' North: 161,553.1166' East: 1,302,558.4141' Segment# 3: Curve Length: 40.06' Radius: 81.50' Delta: 28°09'43" Tangent: 20.44' Chord: 39.66' Course: S64° 37' 15"W Course In: Sl 1 ° 17' 54 11 E Course Out: N39° 27' 37 11 W RP North: 161,473.1960' East: 1,302,574.3814' End North: 161,536.1193' East: 1,302,522.5847' Segment# 4: Line Course: N47° 55' 38"W Length: 19.08' North: 161,548.9044' East: 1,302,508.4217' Segment# 5: Line Course: NO' 06' 24"W Length: 97.13' North: 161,646.0342' East: 1,302,508.2409' Perimeter: 299.27' Area: 5,037.85Sq.Ft. Error Closure: 0.0009 Course: SJ 3° 50' OO"W Error North : -0.00084 East: -0.00021 Precision I: 332,533.33 6/4/15 9IPage 14156 FINAL PLAT GREENLEAF Parcel Name: LOT 8 North: 161,645.9436' East: 1,302,458.2412' Segment# 1 : Line Course: N89° 53' 43"E Length: 50.00' North: 161,646.0350' East: 1,302,508.2411' Segment# 2: Line Course: S0° 06' 24"E Length: 97.13' North: 161,548.9052' East: 1,302,508.4219' Segment# 3: Line Course: S47° 55' 38"E Length: 19.08' North: 161,536.1202' East: 1,302,522.5849' Segment# 4: Curve Length: 24.09' Radius: 81.50' Delta: 16°56'02" Tangent: 12.13' Chord: 24.00' Course: S42° 04' 22"W Course In: S39° 27' 37"E Course Out: N56° 23' 39"W RP North: 161,473.1968' East: 1,302,574.3816' End North: 161,518.3052' East: 1,302,506.5031' Segment# 5: Line Course: N47° 55' 38"W Length: 9.57' North: 161,524.7178' East: 1,302,499.3994' Segment# 6: Curve Length: 27.97' Radius: 38.00' Delta: 42°10'46" Tangent: 14.66' Chord: 27.35' Course: N69° 01' 01 "W Course In: S42° 04' 22"W Course Out: N0° 06' 24"W RP North: 161,496.5106' East: 1,302,473.9366' End North: 161,534.5105' East: 1,302,473.8658' 6/4/15 lOIPage 14156 FINAL PLAT GREENLEAF Segment# 7: Line Course: S89° 53' 36"W Length: 15.42' North: 161,534.4818' East: 1,302,458.4459' Segment# 8: Line Course: N0° 06' 24"W Length: 111.46' North: 161,645.9416' East: 1,302,458.2384' Perimeter: 354.72' Area: 5,961.00Sq.Ft. Error Closure: 0.0034 Course: S54° 23' 35"W Error North : -0.00200 East: -0.00280 Precision 1: 104,329.41 6/4/15 11 I Pa g e 14156 FINAL PLAT GREENLEAF Parcel Name: LOT 9 North: 161,444.8784' East: 1,302,382.0998' Segment# I: Line Course: N3° 57' 28"W Length: 50.22' North: 161,494.9786' East: 1,302,378.6335' Segment# 2: Line Course: S88° 33' 45"E Length: 116.50' North: I 61,492.0561' East: 1,302,495.0969' Segment# 3: Curve Length: 16.99' Radius: 81.50' Delta: 11 °56'33 11 Tangent: 8.52 1 Chord: 16.96' Course: S7° 24' 32"W Course In: S76° 37' 12"E Course Out: N88° 33' 45"W RP North: 161,473.1963' East: 1,302,574.3847' End North: 161,475.2408' East: 1,302,492.9103' Segment# 4: Line Course: SI O 26' 15"W Length: 33.14' North: 161,442.1113' East: 1,302,492.0790' Segment# 5: Line Course: N88° 33' 45"W Length: 110.01' North: 161,444.8710' East: 1,302,382.1036' Perimeter: 326.85' Area: 5,628.47Sq.Ft. Error Closure: 0.0083 Course: S27° 19' 25"E Error North: -0.00738 East: 0.00381 Precision I: 39,380.72 6/4/15 12 I Page 14156 FINAL PLAT GREENLEAF Parcel Name: LOT 10 North: 161,442.1186' East: 1,302,492.0758' Segment# I: Line Course: SI O 26' 15"W Length: 50.00' North: 161,392.1344' East: 1,302,490.8215' Segment# 2: Line Course: N88° 33' 45"W Length: 89.39' North: 161,394.3768' East: 1,302,401.4597' Segment# 3: Line Course: NO' 06' 24"W Length: 15.00' North: 161,409.3768'East: 1,302,401.4317' Segment# 4: Line Course: N28° 33' 57"W Length: 40.42' North: 161,444.8764' East: 1,302,382.1042' Segment# 5: Line Course: S88° 33' 45"E Length: 110.01' North: 161,442.1166' East: 1,302,492.0796' Perimeter: 304.83' Area: 4,840.64Sq.Ft. Error Closure: 0.0042 Course: S61 ° 591 08"E Error North: -0.00197 East: 0.00370 Precision 1: 72,576.19 6/4/15 Bl Page 14156 FINAL PLAT GREENLEAF Parcel Name: LOT 11 North:161,344.6562' East:1,302,389.6986' Segment# I: Line Course: Nl3° 18' 16"E Length: 51.09' North: 161,394.3750' East: 1,302,401.4557' Segment# 2: Line Course: S88° 33' 45"E Length: 89.39' North: 161,392.1326' East: 1,302,490.8176' Segment# 3: Line Course: Sl O 26' 15"W Length: 50.00' North: 161,342.1483' East: 1,302,489.5633' Segment# 4: Line Course: N88° 33' 45"W Length: 99.90' North: 161,344.6544' East: 1,302,389.6947' Perimeter: 290.39' Area: 4,732.34Sq.Ft. Error Closure: 0.0043 Course: S65° 13' 23"W Error North: -0.00181 East: -0.00392 Precision I: 67,530.23 6/4/15 14 I Page 14156 FINAL PLAT GREENLEAF Parcel Name: LOT 12 North: 161,325.8299' East:1,302,391.8523' Segment# I : Line Course: N6° 31' 33"W Length: 18.95' North: 161,344.6571' East: 1,302,389.6986' Segment# 2: Line Course: S88° 33' 45"E Length: 99.90' North: 161,342.1510' East: 1,302,489.5671' Segment# 3: Line Course: S 1 ° 26' I 5"W Length: 27.82' North: 161,314.3397' East: 1,302,488.8692' Segment# 4: Curve Length: 22.46' Radius: 81.50' Delta: 15°47'34" Tangent: 11.30' Chord: 22.39' Course: S6° 27' 32"E Course In: S88° 33' 45"E Course Out: S75° 38' 41 "W RP North: 161,312.2952' East: 1,302,570.3436' End North: 161,292.0886' East: 1,302,491.3882' Segment# 5: Line Course: N88° 33' 45"W Length: 104.31' North: 161,294.7053' East: 1,302,387.1111' Segment# 6: Line Course: N8° 40' 02"E Length: 31.48' North: 161,325.8259' East: 1,302,391.8550' Perimeter: 304.93' Area: 4,972.82Sq.Ft. Error Closure: 0.0049 Course: S33° 49' 18"E Error North : -0.00404 East: 0.00271 Precision 1: 62,228.57 6/4/15 151Page 14156 FINAL PLAT GREENLEAF Parcel Name: LOT 13 North: 161,294.7055' East: 1,302,387.1077' Segment# I: Line Course: S88° 33' 45"E Length: 104.31' North: 161,292.0887' East: 1,302,491.3849' Segment# 2: Curve Length: 12.20' Radius: 81.50' Delta: 8°34'37 11 Tangent: 6.11' Chord: 12.19' Course: S18° 38' 37''E Course In: N75° 38' 41 "E Course Out: S67° 04' 04"W RP North: 161,312.2954' East: 1,302,570.3402' End North: 161,280.5395' East: 1,302,495.2815' Segment# 3: Curve Length: 16.06' Radius: 15.00' Delta: 61°19'45" Tangent: 8.89' Chord: 15.30' Course: S7° 43' 57"W Course In: S67° 04' 04"W Course Out: S51 ° 36' lO"E RP North: 161,274.6949' East: 1,302,481.4670' End North: 161,265.3783' East: 1,302,493.2228' Segment# 4: Curve Length: 29.40' Radius: 55.00' Delta: 30°37'28" Tangent: 15.06' Chord: 29.05' Course: S23° 05' 06"W Course In: S51° 36' !O"E Course Out: N82° 13' 38"W RP North: 161,231.2172' East: 1,302,536.3276' End North: 161,238.6557' East: 1,302,481.8329' 6/4/15 16 I P age 14156 FINAL PLAT GREENLEAF Segment# 5: Line Course: N85° 39' 52"W Length: 110.65' North: 161,247.0206' East: 1,302,371.4996' Segment# 6: Line Course: Nl8° 06' 55"E Length: 50.17' North: 161,294.7038' East: 1,302,387.0989' Perimeter: 322.79' Area: 5,694.32Sq.Ft. Error Closure: 0.0090 Course: S78° 44' 40"W Error North : -0.00175 East: -0.00880 Precision I: 35,865.56 6/4/15 17 I Page 14156 FINAL PLAT GREENLEAF Parcel Name: LOT 14 North:161,197.8170' East: 1,302,359.0999' Segment# I: Line Course: Nl4° 09' 12"E Length: 50.74' North: 161,247.0168' East: 1,302,371.5067' Segment# 2: Line Course: S85° 39' 52"E Length: 110.65' North: 161,238.6519'East: 1,302,481.8401' Segment# 3: Curve Length: 31.15' Radius: 55.00' Delta: 32°27'11" Tangent: 16.01' Chord: 30.74' Course: S8° 27' 14"E Course In: S82° 13'38"ECourseOut: S65° 19' ll"W RP North: 161,231.2134' East: 1,302,536.3348' End North: 161,208.2480' East: 1,302,486.3589' Segment# 4: Line Course: S65° 19' 11 "W Length: 41.28' North: 161,191.0113' East: 1,302,448.8497' Segment# 5: Line Course: N85° 39' 52"W Length: 90.00' North: 161,197.8151' East: 1,302,359.1073' Perimeter: 323.83' Area: 5,580.27Sq.Ft. Error Closure: 0.0076 Course: S75° 32' 47"E Error North: -0.00191 East: 0.00740 Precision 1: 42,607.89 6/4/15 18 I Page 14156 FINAL PLAT GREENLEAF Parcel Name: LOT 15 North: 161,191.0134' East: 1,302,448.8424' Segment# 1: Line Course: N65° 19' 1 l"E Length: 41.28' North: 161,208.2501' East: 1,302,486.3515' Segment# 2: Curve Length: 15.90' Radius: 55.00' Delta: 16°33'38" Tangent: 8.00' Chord: 15.84' Course: S32° 57' 38"E Course In: N65° 19' 11 "E Course Out: S48° 45' 33"W RP North: 161,231.2155' East: 1,302,536.3274' End North: 161,194.9581' East: 1,302,494.9704' Segment# 3: Line Course: S38° 17' 01 "W Length: 69.22' North: 161,140.6236' East: 1,302,452.0848' Segment# 4: Line Course: N85° 39' 52"W Length: 97.05' North: 161,147.9604' East: 1,302,355.3125' Segment# 5: Line Course: N4° 20' 08"E Length: 50.00' North: 161,197.8173'East: 1,302,359.0924' Segment# 6: Line Course: S85° 39' 52"E Length: 90.00' North: 161,191.0135'East: 1,302,448.8349' Perimeter: 363.45' Area: 6,162.34Sq.Ft. Error Closure: 0.0075 Course: N89° 04' 48"W Error North: 0.00012 East: -0.00749 Precision 1: 48,460.00 6/4/15 191Page 14156 FINAL PLAT GREENLEAF Parcel Name: LOT 16 North: 161,149.0314' East: 1,302,532.1939' Segment# 1 : Line Course: S40° 25' 25"E Length: 77.35' North: 161,090.1470' East: 1,302,582.3502' Segment# 2: Line Course: S63° 06' 03"W Length: 51.60' North: 161,066.8021' East: 1,302,536.3331' Segment# 3: Line Course: N40° 25' 25"W Length: 73.41' North: 161,122.6870' East: 1,302,488.7316' Segment# 4: Line Course: Nl 0 04' 12"W Length: 31.35' North: 161,154.0315' East: 1,302,488.1462' Segment# 5: Line Course: N38° 17' 01 "E Length: 36.36' North: 161,182.5724' East: 1,302,510.6732' Segment# 6: Curve Length: 23.93' Radius: 55.00' Delta: 24°55'34" Tangent: 12.16' Chord: 23.74' Course: S74° 39' I 9"E Course In: N27' 48' 28"E Course Out: S2° 52' 54"W RP North: 161,231.2209' East: 1,302,536.3311' End North: 161,176.2904' East: 1,302,533.5660' Segment# 7: Line Course: S2° 52' 54"W Length: 27.29' North: 161,149.0350' East: 1,302,532.1941' Perimeter: 321.29' Area: 5,45 l.37Sq.Ft. Error Closure: 0.0036 Course: N2° 56' 22"E Error North: 0.00360 East: 0.00019 Precision 1 : 89,247 .22 6/4/15 20 I Page 14156 FINAL PLAT GREENLEAF Parcel Name: LOT 17 North:161,090.1433' East:1,302,582.3533' Segment# I: Line Course: N40° 25' 25"W Length: 77.35' North: 161,149.0276' East: 1,302,532.1970' Segment# 2: Line Course: N2° 52' 54"E Length: 27.29' North: 161,176.2831' East: 1,302,533.5689' Segment# 3: Curve Length: 57.34' Radius: 55.00' Delta: 59°44'16" Tangent: 31.59' Chord: 54.78' Course: N63° 00' 47"E Course In: N2° 52' 54"E Course Out: S56° 51' 2l"E RP North: 161,231.2135' East: 1,302,536.3340' End North: 161,201.1424' East: 1,302,582.3853' Segment# 4: Line Course: S40° 25' 25"E Length: 86.73' North: 161,135.1174' East: 1,302,638.6240' Segment# 5: Line Course: SI O 19' 05"W Length: 16.63' North: 161,118.4918' East: 1,302,638.2414' Segment# 6: Line Course: S63° 06' 03"W Length: 62.66' North: 161,090.1430' East: 1,302,582.3610' Perimeter: 328.01' Area: 6,743.83Sq.Ft. Error Closure: 0.0077 Course: S88° 12' 11 "E Error North: -0.00024 East: 0.00769 Precision I: 42,597.40 6/4/15 21 I Page 14156 FINAL PLAT GREENLEAF Parcel Name: LOT 18 North:\61,066.798\' East: l ,302,536.3356' Segment# 1: Line Course: N63° 06' 03"E Length: 56.74' North: 161,092.4685' East: 1,302,586.9365' Segment# 2: Line Course: SI O 19' 05"W Length: 112.92' North: 160,979.5784' East: 1,302,584.3391' Segment# 3: Line Course: S69° 13' 33"W Length: 27.08' North: 160,969.9735' East: 1,302,559.0197' Segment# 4: Line Course: S55° 26' 05"W Length: 30.74' North: 160,952.5333' East: 1,302,533.7059' Segment# 5: Line Course: NI O 19' 05"E Length: 114.29' North: 161,066.7931' East: 1,302,536.3348' Perimeter: 341.78' Area: 5,581.08Sq.Ft. Error Closure: 0.0051 Course: S8° 10' 07"W Error North: -0.00501 East: -0.00072 Precision 1: 67,013.73 6/4/15 221Page 14156 FINAL PLAT GREENLEAF Parcel Name: LOT 19 North: 161,118.4936' East: 1,302,638.2371' Segment# I: Line Course: SI O 19' 05"W Length: 125.59' North: 160,992.9368' East: 1,302,635.3482' Segment# 2: Line Course: S81° 51' 13"W Length: 25.61' North: 160,989.3078' East: 1,302,609.9966' Segment# 3: Line Course: S69° 13' 33"W Length: 27.44' North: 160,979.5753' East: 1,302,584.3406' Segment# 4: Line Course:N1° 19'05"ELength: 112.92' North: 161,092.4654' East: 1,302,586.9381' Segment# 5: Line Course: N63° 06' 03"E Length: 57.52' North: 161,118.4887' East: 1,302,638.2346' Perimeter: 349.07' Area: 5,967.52Sq.Ft. Error Closure: 0.0055 Course: S26° 27' 33"W Error North : -0.00492 East: -0.00245 Precision 1: 63,469.09 6/4/15 23 I Page 14156 FINAL PLAT GREENLEAF Parcel Name: LOT 20 North: 160,992.9417' East: 1,302,635.3481' Segment# I: Line Course: Nl O 19' 05"E Length: 142.22' North: 161,135.1241' East: 1,302,638.6195' Segment# 2: Line Course: S40° 25' 25"E Length: 20.85' North: 161,119.2516' East: 1,302,652.1394' Segment# 3: Line Course: S89° 55' 43"E Length: 42.90' North: 161,119.1981' East: 1,302,695.0393' Segment# 4: Line Course: S!0 22' 31"W Length: 123.99' North: 160,995.2438' East: 1,302,692.0635' Segment# 5: Line Course: N88° 40' 55"W Length: 34.99' North: 160,996.0487' East: 1,302,657.0827' Segment# 6: Line Course: S81° 51' 13"W Length: 21.95' North: 160,992.9383' East: 1,302,635.3542' Perimeter: 386.90' Area: 7,145.34Sq.Ft. Error Closure: 0.0070 Course: S60° 54' 41 "E Error North: -0.00339 East: 0.00610 Precision 1: 55,271.43 6/4/15 24 I Page 14156 FINAL PLAT GREENLEAF Parcel Name: LOT 21 North:161,231.2047' East:1,302,664.2867' Segment# I: Line Course: SI O 22' 48"W Length: 112.00' North: 161,119.2372' East: 1,302,661.5894' Segment# 2: Line Course: N89° 55' 43"W Length: 9.45' North: 161,119.2489' East: 1,302,652.1394' Segment# 3: Line Course: N40° 25' 25"W Length: 107.58' North: 161,201.1465' East: 1,302,582.3809' Segment# 4: Curve Length: 18.88' Radius: 55.00' Delta: 19°40'22" Tangent: 9.54' Chord: 18.79' Course: N23° 18' 28"E Course In: N56° 51' 21 "W Course Out: S76° 31' 43"E RP North: 161,231.2176' East: 1,302,536.3295' End North: 161,218.4048'East: 1,302,589.8163' Segment# 5: Curve Length: 20.41' Radius: 15.00' Delta: 77°57'58" Tangent: 12.14' Chord: 18.87' Course: N52° 27' I 6"E Course In: S76° 31' 43"E Course Out: NI O 26' 15"E RP North: 161,214.9104' East: 1,302,604.4036' End North: 161,229.9057' East: 1,302,604.7799' 6/4/15 25IPage 14156 FINAL PLAT GREENLEAF Segment# 6: Line Course: S88° 33' 45"E Length: 12.51' North: 161,229.5919'East: 1,302,617.2859' Segment# 7: Curve Length: 21.20' Radius: 276.50' Delta: 4°23'34" Tangent: 10.60' Chord: 21.19' Course: N89° 14' 28"E Course In: Nl O 26' l 5"E Course Out: S2° 57' l 9"E RP North: 161,506.0049' East: 1,302,624.2224' End North: 161,229.8726' East: 1,302,638.4777' Segment# 8: Line Course: N87° 02' 41 "E Length: 25.85' North: 161,231.2053' East: 1,302,664.2933' Perimeter: 327.87' Area: 5,860.83Sq.Ft. Error Closure: 0.0067 Course: N84° 35' 33"E Error North : 0.00063 East: 0.00663 Precision 1: 48,937.31 6/4/15 26 I P age 14156 FINAL PLAT GREENLEAF Parcel Name: LOT 22 North:161,119.2398' East:1,302,661.5896' Segment# 1: Line Course: NI O 22' 48"E Length: 112.00' North: 161,231.2073' East: 1,302,664.2869' Segment# 2: Line Course: N87° 02' 41 "E Length: 50.14' North: 161,233.7923' East: 1,302,714.3602' Segment# 3: Line Course: Sl 0 22' 48"W Length: 114.65' North: 161,119.1756'East: 1,302,711.5991' Segment# 4: Line Course: N89° 55' 43"W Length: 50.01' North: 161,119.2379'East: 1,302,661.5891' Perimeter: 326.80' Area: 5,666.08Sq.Ft. Error Closure: 0.0019 Course: Sl3° 51' 45"W Error North: -0.00188 East: -0.00046 Precision I: 172,000.00 6/4/15 27 I Page 14156 FINAL PLAT GREENLEAF Parcel Name: LOT 23 North: 161,119.1774' East: 1,302,711.6026' Segment# I : Line Course: NI O 22' 48"E Length: 114.65' North: 161,233.7941'East: 1,302,714.3637' Segment# 2: Line Course: N87° 02' 4l"E Length: 24.08' North: 161,235.0356' East: 1,302,738.4117' Segment# 3: Curve Length: 11.64' Radius: 223.50' Delta: 2°59'00" Tangent: 5.82' Chord: 11.64' Course: N88° 32' 11 "E Course In: S2° 57' 19"E Course Out: N0° 01' 40"E RP North: 161,011.8329' East: 1,302,749.9346' End North: 161,235.3328' East: 1,302,750.0429' Segment# 4: Line Course: S89° 58' 20"E Length: 14.91' North: 161,235.3256' East: 1,302,764.9529' Segment# 5: Line Course: SI O 24' 27"W Length: 116.24' North: 161,119.1207'East: 1,302,762.0977' Segment# 6: Line Course: N89° 55' 43"W Length: 50.49' North: 161,119.1836' East: 1,302,711.6078' Perimeter: 332.00' Area: 5,846.21 Sq.Ft. Error Closure: 0.0081 Course: N39° 52' 42"E Error North: 0.00619 East: 0.00517 Precision I: 40,988.89 6/4/15 281Page 14156 FINAL PLAT GREENLEAF Parcel Name: LOT 24 North: 161,341.8881' East: 1,302,646.7309' Segment# I: Line Course: Sl O 26' 21"W Length: 58.61' North: 161,283.2966' East: 1,302,645.2588' Segment# 2: Line Course: S87° 02' 41 "W Length: 9.53' North: 161,282.8052' East: 1,302,635.7415' Segment# 3: Curve Length: 17.14' Radius: 223.50' Delta: 4°23'34" Tangent: 8.57' Chord: 17.13' Course: S89° 14' 28"W Course In: N2° 57' 19"W Course Out: Sl 0 26' 15"W RP North: 161,506.0080' East: 1,302,624.2187' End North: 161,282.5783' East: 1,302,618.6118' Segment# 4: Line Course: N88° 33' 45"W Length: 49.00' North: 161,283.8076' East: 1,302,569.6272' Segment# 5: Curve Length: 44.77' Radius: 28.50' Delta: 90°00'00" Tangent: 28.50' Chord: 40.31' Course: N43° 33' 45"W Course In: Nl O 26' 15"E Course Out: N88° 33' 45"W RP North: 161,312.2986' East: 1,302,570.3422' End North: 161,313.0136' East: 1,302,541.8512' 6/4/15 29 I Pa g e 14156 FINAL PLAT GREENLEAF Segment# 6: Line Course: NI O 26' 15"E Length: 31.50' North: 161,344.5037' East: 1,302,542.6414' Segment# 7: Line Course: S88° 33' 45"E Length: 104.12' North: 161,341.8917' East: 1,302,646.7286' Perimeter: 314.67' Area: 6,059.44Sq.Ft. Error Closure: 0.0042 Course: N32° 01 1 12"W Error North : 0.00357 East: -0.00223 Precision I: 74,921.43 6/4/15 30IPage 14156 FINAL PLAT GREENLEAF Parcel Name: LOT 25 North: 161,394.4844' East: 1,302,543.8972' Segment# I: Line Course: S88° 33' 45"E Length: 104.12' North: 161,391.8724' East: 1,302,647.9844' Segment# 2: Line Course: SI O 26' 21 "W Length: 50.00' North: 161,341.8882' East: 1,302,646.7286' Segment# 3: Line Course: N88° 33' 45"W Length: 104.12' North: 161,344.5002' East: 1,302,542.6414' Segment# 4: Line Course: Nl 0 26' IS"E Length: 50.00' North: 161,394.4844' East: 1,302,543.8957' Perimeter: 308.24' Area: 5,206.0SSq.Ft. Error Closure: 0.0015 Course: N88° 33' 42"W Error North: 0.00004 East: -0.00145 Precision I: 205,493.33 6/4/15 31 I P age 14156 FINAL PLAT GREENLEAF Parcel Name: LOT 26 North:161,391.8723' East: 1,302,647.9866' Segment# 1: Line Course: N88° 33' 45"W Length: 104.12' North: 161,394.4843' East: 1,302,543.8994' Segment# 2: Line Course: NI O 26' 15"E Length: 50.00' North: 161,444.4686' East: 1,302,545.1537' Segment# 3: Line Course: S88° 33' 45"E Length: 103.25' North: 161,441.8784' East: 1,302,648.3712' Segment# 4: Line Course: S0° 06' 24"E Length: 32.50' North: 161,409.3785'East: 1,302,648.4318' Segment# 5: Line Course: SI O 26' 21 "W Length: 17.51' North: 161,391.8740' East: 1,302,647.9920' Perimeter: 307.38' Area: 5,191.90Sq.Ft. Error Closure: 0.0056 Course: N72° 36' 26"E Error North: 0.00167 East: 0.00533 Precision I: 54,889.29 6/4/15 32 I P age 14156 FINAL PLAT GREENLEAF Parcel Name: LOT 27 North: 161,501.6987' East:l ,302,574.3284' Segment# 1: Line Course: N89° 53' 36"E Length: 73.93' North: 161,501.8363' East: 1,302,648.2582' Segment# 2: Line Course: S0° 06' 24"E Length: 59.96' North: 161,441.8764' East: 1,302,648.3699' Segment# 3: Line Course: N88° 33' 45"W Length: 103.25' North: 161,444.4666' East: 1,302,545.1524' Segment# 4: Line Course: Nl O 26' 15"E Length: 29.45' North: 161,473.9073' East: 1,302,545.8912' Segment# 5: Curve Length: 44.00' Radius: 28.50' Delta: 88°27'21" Tangent: 27.74' Chord: 39.76' Course: N45° 39' 55"E Course In: S88° 33' 45"E Course Out: N0° 061 24"W RP North: 161,473.1923' East: 1,302,574.3822' End North: 161,501.6923' East: 1,302,574.3291' Perimeter: 310.58' Area: 5,836.92Sq.Ft. Error Closure: 0.0064 Course: S6° 49' 38"E Error North : -0.00637 East: 0.00076 Precision I: 48,529.69 6/4/15 33 I P age 14156 FINAL PLAT GREENLEAF Parcel Name: LOT 28 North: 161,501.8363' East: 1,302,648.2542' Segment# 1 : Line Course: N89° 53' 36"E Length: 51.99' North: 161,501.9331' East: 1,302,700.2441' Segment# 2: Line Course: S0° 06' 24"E Length: 92.56' North: 161,409.3733' East: 1,302,700.4164' Segment# 3: Line Course: N89° 59' 56"W Length: 51.99' North: 161,409.3743' East: 1,302,648.4264' Segment# 4: Line Course: N0° 06' 24"W Length: 92.46' North: 161,501.834l'East: 1,302,648.2543' Perimeter: 289.01' Area: 4,809.85Sq.Ft. Error Closure: 0.0022 Course: S2° 29' 52"E Error North: -0.00220 East: 0.00010 Precision 1: 131,363.64 6/4/15 34 I Page 14156 FINAL PLAT GREENLEAF Parcel Name: LOT 29 North: 161,409.3729' East: 1,302,750.4189' Segment# I: Line Course: N89° 59' 56"W Length: 50.00' North: 161,409.3738' East: 1,302,700.4189' Segment# 2: Line Course: N0° 06' 24"W Length: 92.56' North: 161,501.9337' East: 1,302,700.2466' Segment# 3: Line Course: N89° 53' 36"E Length: 50.00' North: 161,502.0268' East: 1,302,750.2465' Segment# 4: Line Course: S0° 06' 24"E Length: 92.65' North: 161,409.3769'East: 1,302,750.4190' Perimeter: 285.21' Area: 4,630.33Sq.Ft. Error Closure: 0.0041 Course: NI O 08' 36"E Error North : 0.00405 East: 0.00008 Precision 1: 69,563.41 6/4/15 35 I P age 14156 FINAL PLAT GREENLEAF Parcel Name: LOT 30 North: 161,502.0263' East: 1,302,750.2464' Segment# I: Line Course: N89° 53' 36"E Length: 57.00' North: 161,502.1324' East: 1,302,807.2463' Segment# 2: Line Course: S0° 06' 24"E Length: 77.76' North: 161,424.3726' East: 1,302,807.3911' Segment# 3: Line Course: N89° 59' 56"W Length: 43 .59' North: 161,424.3734' East: 1,302,763.8011' Segment# 4: Line Course: SI O 26' 21 "W Length: 15.00' North: 161,409.3781' East: 1,302,763.4243' Segment# 5: Line Course: N89° 59' 56"W Length: 13.00' North: 161,409.3784' East: 1,302,750.4243' Segment# 6: Line Course: N0° 06' 24"W Length: 92.65' North: 161,502.0282' East: 1,302,750.2518' Perimeter: 299.01' Area: 4,627.40Sq.Ft. Error Closure: 0.0058 Course: N70° 35' 29"E Error North : 0.00192 East: 0.00545 Precision 1: 51,551.72 6/4/15 36 I P age 14156 FINAL PLAT GREENLEAF Parcel Name: LOT 31 North: 161,424.3707' East: 1,302,866.2484' Segment# I: Line Course: N89° 59' 56"W Length: 58.86' North: 161,424.3718' East: 1,302,807.3884' Segment# 2: Line Course: N0° 06' 24"W Length: 77.76' North: 161,502.1317' East: 1,302,807.2436' Segment# 3: Line Course: N89° 53' 36"E Length: 35.27' North: 161,502.1973' East: 1,302,842.5135' Segment# 4: Curve Length: 39.94' Radius: 25.00' Delta: 91°32'39" Tangent: 25.68' Chord: 35.83' Course: S44° 20' 05"E Course In: S0° 06' 24"E Course Out: S88° 33' 45"E RP North: 161,477.1974' East: 1,302,842.5601' End North: 161,476.5702' East: 1,302,867.5522' Segment# 5: Line Course: SI° 26' 15"W Length: 52.22' North: 161,424.3667' East: 1,302,866.2422' Perimeter: 264.05' Area: 4,519.00Sq.Ft. Error Closure: 0.0074 Course: S56° 55 1 45"W Error North: -0.00402 East: -0.00617 Precision I: 35,682.43 6/4/15 37 I Page 14156 FINAL PLAT GREENLEAF Parcel Name: LOT 32 North: 161,534.4833' East: 1,302,458.4487' Segment# I: Line Course: S89° 53' 36"W Length: 70.00' North: 161,534.3530' East: 1,302,388.4489' Segment# 2: Line Course: N0° 06' 24"W Length: 110.02' North: 161,644.3728' East: 1,302,388.2440' Segment# 3: Line Course: N89° 53' 43"E Length: 52.19' North: 161,644.4682' East: 1,302,440.4340' Segment# 4: Line Course: NI O 26' 22"E Length: 1.44' North: 161,645.9077' East: 1,302,440.4701' Segment# 5: Line Course: N89° 53' 43"E Length: 17.77' North: 161,645.9402' East: 1,302,458.2401' Segment# 6: Line Course: S0° 06' 24"E Length: J J 1.46' North: 161,534.4804' East: 1,302,458.4476' Perimeter: 362.89' Area: 7,727.13Sq.Ft. Error Closure: 0.0031 Course: S2 I O 28' 44"W Error North: -0.00290 East: -0.00114 Precision I: 117,058.06 6/4/15 38 I Page 14156 FINAL PLAT GREENLEAF Parcel Name: LOT 33 North: 161,644.2843' East: 1,302,338.2440' Segment# 1 : Line Course: N89° 53' 43"E Length: 50.00' North: 161,644.3756' East: 1,302,388.2440' Segment# 2: Line Course: S0° 06' 24"E Length: 110.02' North: 161,534.3558' East: 1,302,388.4488' Segment# 3: Line Course: S89° 53' 36"W Length: 50.00' North: 161,534.2627' East: 1,302,338.4489' Segment# 4: Line Course: NO' 06' 24"W Length: 110.02' North: 161,644.2826' East: 1,302,338.2440' Perimeter: 320.05' Area: 5,501.19Sq.Ft. Error Closure: 0.0017 Course: S0° 06' 20"E Error North : -0.00170 East: 0.00000 Precision 1: 188,258.82 6/4/15 39 I P age 14156 FINAL PLAT GREENLEAF Parcel Name: LOT 34 North: J 61,644.2843' East: 1,302,338.2440' Segment# J: Line Course: S0° 06' 24"E Length: 110.02' North: 161,534.2644' East: 1,302,338.4489' Segment# 2: Line Course: S89° 53' 36"W Length: 50.00' North: 161,534.1714' East: 1,302,288.4489' Segment# 3: Line Course: N0° 06' 24"W Length: 110.03' North: 161,644.2012' East: 1,302,288.2441' Segment# 4: Line Course: N89° 53' 43"E Length: 50.00' North: 161,644.2926' East: 1,302,338.2440' Perimeter: 320.05' Area: 5,501.27Sq.Ft. Error Closure: 0.0083 Course: N0° 06' 25"W Error North : 0.00830 East: -0.00002 Precision 1: 38,560.24 6/4/15 40IPage 14156 FINAL PLAT GREENLEAF Parcel Name: TRACT A Description: OPEN SPACE North: 161,646.6785' East: 1,302,860.2405' Segment# I: Line Course: N89° 53' 43"E Length: 11.59' North: 161,646.6997' East: 1,302,871.8305' Segment# 2: Line Course: SI O 26' 15"W Length: 67.14' North: 161,579.5808' East: 1,302,870.1462' Segment# 3: Curve Length: 22.24' Radius: 25.00' Delta: 50°58'21" Tangent: 11.92' Chord: 21.51' Course: S26° 55' 26"W Course In: N88° 33' 45"W Course Out: S37° 35' 24"E RP North: 161,580.2080' East: 1,302,845.1540' End North: 161,560.3981' East: 1,302,860.4042' Segment# 4: Line Course: N0° 06' 24"W Length: 86.29' North: 161,646.6879' East: 1,302,860.2436' Perimeter: 187.26' Area: 845.95Sq.Ft. Error Closure: 0.0099 Course: Nl8° 02' 39"E Error North : 0.00942 East: 0.00307 Precision I: 18,915.15 6/4/15 41 I Page 14156 FINAL PLAT GREENLEAF Parcel Name: TRACT B Description: OPEN SPACE North:160,949.0223' East:1,302,690.9546' Segment# 1: Line Course: N89° 51' 29"W Length: 161. 77' North: 160,949.4231'East: 1,302,529.1851' Segment# 2: Line Course: N55° 26' 05"E Length: 36.23' North: 160,969.9780' Ea,t: 1,302,559.0198' Segment# 3: Line Course: N69° 13' 33"E Length: 54.52' North: 160,989.3154' East: 1,302,609.9952' Segment# 4: Line Course:N81° 51' 13"ELength:47.56' North: 160,996.0548' East: 1,302,657.0753' Segment# 5: Line Course: S88° 40' 55"E Length: 34.99' North: 160,995.2499' East: 1,302,692.0560' Segment# 6: Line Course: SI O 22' 31 "W Length: 46.24' North: 160,949.0233' East: 1,302,690.9462' Perimeter: 381.31' Area: 5,508.34Sq.Ft. Error Closure: 0.0084 Course: N83° 23' 06"W Error North : 0.00097 East: -0.00836 Precision I: 45,394.05 6/4/15 42 I Page 14156 FINAL PLAT GREENLEAF Parcel Name: TRACT C Description: STORMW ATER/SENSITIVE AREAS North: 160,950.0677' East: 1,302,269.0040' Segment# 1: Line Course: N1° 22' 26"E Length: 199.83' North: 161,149.8402' East: 1,302,273.7952' Segment# 2: Line Course: S88° 40' 43"E Length: 81.55' North: 161,147.9596' East: 1,302,355.3235' Segment# 3: Line Course: S85° 39' 52"E Length: 97.05' North: 161,140.6229' East: 1,302,452.0958' Segment# 4: Line Course: N38° 17' OJ "E Length: 69.22' North: 161,194.9574' East: 1,302,494.9814' Segment# 5: Curve Length: 20.1 I' Radius: 55.00' Delta: 20°57'05" Tangent: 10.17' Chord: 20.00' Course: S5!0 42' 59"E Course In: N48° 45' 33"E Course Out: S27° 48' 28"W RP North: 161,231.2148' East: 1,302,536.3384' End North: 161,182.5663' East: 1,302,510.6805' Segment# 6: Line Course: S38° 17' 0 l "W Length: 36.36' North: 161,154.0254' East: 1,302,488.1535' 6/4/15 431Page 14156 FINAL PLAT GREENLEAF Segment# 7: Line Course: SI O 04' l 2"E Length: 31.35' North: 161,122.6809' East: 1,302,488.7389' Segment# 8: Line Course: S40° 25' 25"E Length: 73.41' North: 161,066.7960' East: 1,302,536.3405' Segment# 9: Line Course: Sl O 19' 05"W Length: 114.29' North: 160,952.5362' East: 1,302,533.7115' Segment# 10: Line Course: S55° 26' 05"W Length: 5.48' North: 160,949.4271' East: 1,302,529.1988' Segment# 11 : Line Course: N89° 51' 29"W Length: 260.19' North: 160,950.0717' East: 1,302,269.0096' Perimeter: 988.84' Area: 50,559.77Sq.Ft. Error Closure: 0.0070 Course: N54° 13' 58"E Error North : 0.00407 East: 0.00565 Precision 1: 141,262.86 6/4/15 441Page 14156 FINAL PLAT GREENLEAF Parcel Name: TRACT D Description: OPEN SPACE/SENSITIVE AREAS North: 161,147.9601' East: 1,302,355.3201' Segment# I : Line Course: N88° 40' 43"W Length: 81.55' North: 161,149.8407' East: 1,302,273.7918' Segment# 2: Line Course: NI O 22' 26"E Length: 139.58' North: 161,289.3805' East: 1,302,277.1385' Segment# 3: Line Course: N89° 59' 56"W Length: 17.70' North: 161,289.3809' East: 1,302,259.4385' Segment# 4: Line Course: Nl O 23' 12"E Length: 354.88' North: 161,644.1570'East: 1,302,268.0264' Segment# 5: Line Course: N89° 53' 43"E Length: 20.22' North: 161,644.1939'East: 1,302,288.2464' Segment# 6: Line Course: S0° 06' 24"E Length: 110.03' North: 161,534.1641' East: 1,302,288.4512' Segment# 7: Line Course: N89° 53' 36"E Length: 90. 11' North: 161,534.3319' East: 1,302,378.5610' Segment# 8: Line Course: S0° 06' 24"E Length: 39.35' North: 161,494.9819' East: 1,302,378.6343' Segment# 9: Line Course: S3° 57' 28"E Length: 50.22' North: 161,444.8817' East: 1,302,382.1005' Segment# 10: Line Course: S28° 33' 57"E Length: 40.42' 6/4/15 45 I P age 14156 FINAL PLAT GREENLEAF North: 161,409.3821' East: 1,302,401.4281' Segment# 11: Line Course: S0° 06' 24"E Length: 15.00' North: 161,394.3821' East: 1,302,401.4560' Segment# 12: Line Course: Sl3° 18' 16"W Length: 51.09' North: 161,344.6633' East: 1,302,389.6989' Segment# 13: Line Course: S6° 31' 33"E Length: 18.95' North: 161,325.8361' East: 1,302,391.8526' Segment# 14: Line Course: S8° 40' 02"W Length: 31.48' North: 161,294.7156' East: 1,302,387.1087' Segment# 15: Line Course: Sl8° 06' 55"W Length: 50.17' North: 161,247.0324' East: 1,302,371.5094' Segment# 16: Line Course: S14° 09' 12"W Length: 50.74' North: 161,197.8326' East: 1,302,359.1026' Segment# 1 7: Line Course: S4° 20' 08"W Length: 50.00' North: 161,147.9757' East: 1,302,355.3227' Perimeter: 1,211.50' Area: 45,967.63Sq.Ft. Error Closure: 0.0158 Course: N9° 19' 34"E Error North : 0.01560 East: 0.00256 Precision 1: 76,676.58 6/4/15 46IPage 14156 FINAL PLAT GREENLEAF Parcel Name: TRACT E Description: RECREATIONAL AREA North: 161,534.3345' East:1,302,378.5599' Segment# I: Line Course: N89° 53' 36"E Length: 95.31' North: 161,534.5120' East: 1,302,473.8698' Segment# 2: Curve Length: 27.97' Radius: 38.00' Delta: 42°10'46" Tangent: 14.66' Chord: 27.35' Course: S69° Ol' Ol"E Course In: SO' 06' 24"E Course Out: N42° 04' 22"E RP North: 161,496.5120' East: 1,302,473.9405' End North: 161,524.7192' East: 1,302,499.4033' Segment# 3: Line Course: S47° 55' 38"E Length: 9.57' North: 161,518.3066' East: 1,302,506.5071' Segment# 4: Curve Length: 28.77' Radius: 81.50' Delta: 20°13'32" Tangent: 14.54' Chord: 28.62' Course: S23° 29' 35"W Course In: S56° 23' 39"E Course Out: N76° 37' 12"W RP North: 161,473.1983' East: 1,302,574.3856' End North: 161,492.0581' East: 1,302,495.0977' Segment# 5: Line Course: N88° 33' 45"W Length: 116.50' North: 161,494.9806' East: 1,302,378.6344' Segment# 6: Line Course: N0° 06' 24"W Length: 39.35' North: 161,534.3306' East: l,302,378.5612' Perimeter: 317.47' Area: 4,906.75Sq.Ft. Error Closure: 0.0041 Course: Sl 7° 08' 43"E Error North : -0.00396 East: 0.00122 Precision 1: 77,431.71 6/4/15 47 I P age 14156 FINAL PLAT GREENLEAF Parcel Name: ROW North:161,289.3726' East:1,302,766.2757' Segment# I: Line Course: S 1 ° 24' 27"W Length: 54.07' North: 161,235.3189'East: 1,302,764.9476' Segment# 2: Line Course: N89° 58' 20"W Length: 14.91' North: 161,235.3261' East: 1,302,750.0376' Segment# 3: Curve Length: 11.64' Radius: 223.50' Delta: 2°59'00" Tangent: 5.82' Chord: 11.64' Course: S88° 32' 11 "W Course In: SO" 01' 40"W Course Out: N2° 57' 19"W RP North: 161,011.8261' East: 1,302,749.9292' End North: 161,235.0289' East: 1,302,738.4064' Segment# 4: Line Course: S87° 02' 41 "W Length: 100.07' North: 161,229.8697' East: 1,302,638.4695' Segment# 5: Curve Length: 21.20' Radius: 276.50' Delta: 4°23'34" Tangent: 10.60' Chord: 21.19' Course: S89° 14' 28"W Course In: N2° 57' 19"W Course Out: S1° 26' 15"W RPNorth: 161,506.0019'East: 1,302,624.2141' End North: 161,229.5890' East: 1,302,617.2777' Segment# 6: Line Course: N88° 33' 45"W Length: 12.51' North: 161,229.9028' East: 1,302,604.7716' Segment# 7: Curve Length: 20.41'Radius: 15.00' Delta: 77°57'58" Tangent: 12.141 Chord: 18.87' Course: S52° 27' 16"W Course In: Sl O 26' 15 11 W Course Out: N76° 31' 43"W RP North: 161,214.9075' East: 1,302,604.3953' 6/4/15 481Page 14156 FINAL PLAT GREENLEAF End North: 161,218.4019' East: 1,302,589.8080' Segment# 8: Curve Length: 196. 71' Radius: 55 .00' Delta: 204°55'33" Tangent: 248.85' Chord: 107.41' Course: N64° 03' 57"W Course In: N76° 31' 43"W Course Out: N5 I O 36' I O"W RP North: 161,231.2147' East: 1,302,536.3213' End North: 161,265.3757' East: 1,302,493.2165' Segment# 9: Curve Length: 16.06' Radius: 15.00' Delta: 61 °19'45" Tangent: 8.89' Chord: 15.30' Course: N7° 43' 57"E Course In: NS! 0 36' IO"W Course Out: N67° 04' 04"E RP North: 161,274.6924' East: 1,302,481.4606' End North: 161,280.5370' East: 1,302,495.2751' Segment# 10: Curve Length: 34.66' Radius: 81.50' Delta: 24°22'11" Tangent: 17.60' Chord: 34.40' Course: Nl0° 44' SO"W Course In: N67° 04' 04"E Course Out: N88° 33' 45"W RP North: 161,312.2928' East: 1,302,570.3339' End North: 161,314.3374' East: 1,302,488.8595' Segment# 11 : Line Course: Nl 0 26' IS"E Length: 160.95' North: 161,475.2367' East: 1,302,492.8972' Segment# 12: Curve Length: 125.82' Radius: 81.50' Delta: 88°27'21" Tangent: 79.33' Chord: 113.69' Course: N45° 39' 55"E Course In: S88° 33' 45"E Course Out: NO' 06' 24"W RP North: 161,473.1922' East: 1,302,574.3716' End North: 161,554.6920' East: 1,302,574.2198' Segment# 13: Line 6/4/15 49 I P age 14156 FINAL PLAT GREENLEAF Course: N89° 53' 36"E Length: 270.97' North: 161,555.1965' East: 1,302,845.1894' Segment# 14: Curve Length: 38.60' Radius: 25.00' Delta: 88°27'21" Tangent: 24.34' Chord: 34.88' Course: N45° 39' 55"E Course In: N0° 06' 24"W Course Out: S88° 33' 45"E RP North: 161,580.1964' East: 1,302,845.1428' End North: 161,579.5693' East: 1,302,870.1350' Segment# 15: Line Course: Nl 0 26' 15 11 E Length: 67.14' North: 161,646.6882' East: 1,302,871.8193' Segment# 16: Line Course: N89° 53' 43"E Length: 12.58' North: 161,646.7111' East: 1,302,884.3992' Segment# 17: Line Course: S 1 ° 26' 22"W Length: 222.42' North: 161,424.3613'East: 1,302,878.8120' Segment# 18: Line Course: N89° 59' 56"W Length: 12.57' North: 161,424.3616' East: 1,302,866.2420' Segment# 19: Line Course: Nl O 26' 15"E Length: 52.22' North: 161,476.5651' East: 1,302,867.5520' Segment# 20: Curve Length: 39.94' Radius: 25.00' Delta: 91 °32'39" Tangent: 25.68' Chord: 35.83' Course: N44° 20' 05"W Course In: N88° 33 1 45"W Course Out: N0° 061 24"W RP North: 161,477.1923'East: 1,302,842.5598' End North: 161,502.1923' East: 1,302,842.5133' Segment# 21: Line Course: S89° 53' 36"W Length: 268.19' 6/4/15 50IPage 14156 FINAL PLAT GREENLEAF North: 161,501.6930' East: 1,302,574.3238' Segment# 22: Curve Length: 44.00' Radius: 28.50' Delta: 88°27'21" Tangent: 27.74' Chord: 39.76' Course: S45° 39' 55"W Course In: S0° 06' 24"E Course Out: N88" 33' 45"W RP North: 161,473.1930' East: 1,302,574.3768' End North: 161,473.9080' East 1,302,545.8858' Segment# 23: Line Course: SJ O 26' 15"W Length: 160.95' North: 161,313.0086' East: 1,302,541.8481' Segment# 24: Curve Length: 44.77' Radius: 28.50' Delta: 90°00'00" Tangent: 28.50' Chord: 40.31' Course: S43° 33' 45"E Course In: S88° 33' 45"E Course Out: Sl O 26' 15"W RP North: 161,312.2937' East: 1,302,570.3392' End North: 161,283.8026' East: 1,302,569.6242' Segment# 25: Line Course: S88° 33' 45"E Length: 49.00' North: 161,282.5734' East: 1,302,618.6088' Segment# 26: Curve Length: 17.14' Radius: 223.50' Delta: 4°23'34" Tangent: 8.57' Chord: 17.13' Course: N89° 14' 28"E Course In: Nl 0 26' 15"E Course Out: S2° 57' 19"E RP North: 161,506.0031' East: 1,302,624.2156' End North: 161,282.8003' East: 1,302,635.7385' Segment# 27: Line Course: N87° 02' 41 "E Length: 9.53' North: 161,283.2916' East: 1,302,645.2558' Segment# 28: Line Course: NI O 26' 21 "E Length: 6.08' 6/4/15 51 I P age 14156 FINAL PLAT GREENLEAF North: 161,289.3697' East: 1,302,645.4085' Segment# 29: Line Course: S89' 59' 56"E Length: 120.86' North: 161,289.3674' East: 1,302,766.2685' Perimeter: 2,205.98' Area: 53,209.35Sq.Ft. Error Closure: 0.0089 Course: S54 ° 16' 40"W Error North : -0.00520 East: -0.00723 Precision I: 247,861.80 6/4/15 52 I Page