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HomeMy WebLinkAboutDraft Legal DocumentsStewart Title Company 18000 International Blvd, Suite 500 SeaTac, WA 98188 Phone:(206) 770 -8700 AFFIDAVIT AND STATEMENT UNDER OATH REGARDING POSSESSION AND REPAIRS OR ALTERATIONS Given to Stewart Title Guaranty Company and/or its duly authorized agent, Stewart Title Company, where the policy issued by that agent, in consideration of their issuance of a policy or policies of title insurance. Regarding property described as: The South 170 feet of Lot 3, Block 2, C.D. Hillman's Lake Washington Garden of Eden Addition to Seattle Div. No. 7, according to the plat thereof recorded in Volume 16 of Plats, Page(s) 18, records of King County, Washington. Situate in the City of Renton, County of King, State of Washington. UNDER OATH, I/We state that: A. At this date, there are no parties in possession, or with right to possession, or with any future right to possession of the property, except (list commercial tenants): ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ Further there are no unrecorded rights of first refusal nor options to purchase. B. No repairs or alterations have been made on the property during the 90 days preceding this statement, except: ___________________________________________________________________________________________ ___________________________________________________________________________________________ If none, check here ( ). I further agree to indemnify Stewart Title Guaranty Company, or its agent, and save you harmless from any loss you may sustain as a result of issuing your policy of title insurance based upon the above representations, and agree that, in case you or your insured is named in a suit based upon facts which are inconsistent to the above representations, we will pay, at our own expense, any resulting judgment and all costs and attorney’s fees associated therewith. Dated: ________________________ ________________________________________________________ Owner ________________________________________________________ Owner STATE OF ____________________ COUNTY OF __________________ ) ) SS. ) Subscribed and sworn to before me the date shown above. ______________________________________ Notary Public My commission Expires: __________________ Order No. 01148-67182 Affidavit Commercial WA NW ALTA Commitment (6/17/06) ALTA Commitment Form COMMITMENT FOR TITLE INSURANCE Issued by STEWART TITLE GUARANTY COMPANY STEWART TITLE GUARANTY COMPANY, a Texas Corporation (“Company”), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This Commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. Countersigned by: Stewart Title Company 188 106th Avenue NE, Suite 680 Bellevue, WA 98004 (206) 770-1300 Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01148-67182 004-UN ALTA Commitment (6/17/06) CONDITIONS 1.The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2.If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions. 3.Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy o r policies committed for and such liability is subject to the insuring provisions and Conditions and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4.This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mo rtgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5.The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount o f Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties.You may review a copy of the arbitration rules at< http://www.alta.org/>. All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252. Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01148-67182 004-UN ALTA Commitment (6/17/06) Stewart Title Company 18000 International Blvd, Suite 500 SeaTac, WA 98188 Phone: (206) 770-8700 Escrow Officer:Nicole M Johnson Phone: (206) 770-1330 Email: nicjohnson@stewart.com Order Number: 01148-67182 Title Officer:Chris Rollins Phone: (206) 770-8715 Email: chris.rollins@stewart.com titleofficers@stewart.com Title Officer:Joe Dorfman Phone (425) 317-7319 Email: joe.dorfman@stewart.com titleofficers@stewart.com Scott McDearmon - Title Assistant Phone: (253) 439-6436 Email: scott.mcdearmon@stewart.com titleofficers@stewart.com Don Peterson Phone (253) 439-6432 Email: don.peterson@stewart.com titleofficers@stewart.com Customer Reference: 01148-67182 SCHEDULE A 1. Effective Date: March 10, 2017 at 8:00 AM 2. Policy Or Policies To Be Issued: (X) ALTA OWNER'S POLICY, (6/17/06) (X) STANDARD ( ) EXTENDED (Underwriting fee - 11%) Amount: Premium: Tax: Total: $2,600,000.00 $4,460.00 $423.70 $4,883.70 Proposed Insured: Select Air Services, Inc. Contact: Michael Porter 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to said estate or interest in said land is at the effective date hereof vested in: ML Langton, LLC, a Washington limited liability company 5. The land referred to in this commitment is described as follows: SEE EXHIBIT "A" ATTACHED HERETO EXHIBIT "A" LEGAL DESCRIPTION The South 170 feet of Lot 3, Block 2, C.D. Hillman's Lake Washington Garden of Eden Addition to Seattle Div. No. 7, according to the plat thereof recorded in Volume 16 of Plats, Page(s) 18, records of King County, Washington. Situate in the City of Renton, County of King, State of Washington. COMMITMENT FOR TITLE INSURANCE SCHEDULE B Part I Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: GENERAL EXCEPTIONS A. B. C. Taxes or assessments which are not shown as existing liens by the public records. (i) Unpatented mining claims; (ii) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (iii) water rights, claims or title to water; whether or not the matters described (i), (ii) & (iii) are shown in the public records; (iv) Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes. Extended coverage exceptions as follows: (1) (2) (3) (4) Rights or claims of parties in possession not shown by the public records. Easements, claims of easement or encumbrances which are not shown by the public records. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey and inspection of the premises and which are not shown by the public records. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished imposed by law and not shown by the public records. D. E. F. Any service, installation, connection, maintenance, tap, capacity, construction or reimbursement charges for sewer, water, electricity or other utilities, or for garbage collection and disposal. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. Any titles or rights asserted by anyone, including but not limited to persons, corporations, governments, or other entities, to tidelands, or lands comprising the shores or bottoms of navigable rivers, lakes, bays, ocean or gulf, or lands beyond the line of the harbor or bulkhead lines as established or changed by the United States Government, or riparian rights, if any. SPECIAL EXCEPTIONS FOLLOW COMMITMENT FOR TITLE INSURANCE SCHEDULE B Part I SPECIAL EXCEPTIONS 1. 2. 3. 4. 5. 6. Payment of Real Estate Excise Tax, if required. The property described herein is situated within the boundaries of local taxing authority of the City of Renton. Present Rate of Real Estate Excise Tax as of the date herein is 1.78% and the levy code is 2151. General taxes: First half delinquent May 1; Second half delinquent November 1: Year:2017 Amount Billed:$15,605.90 Amount Paid:$0.00 Amount Due:$15,605.90, plus interest and penalty if delinquent Tax Account No.:334570 0060 Levy Code:2151 Land:$568,200.00 Improvements:$513,900.00 Note: King County Treasurer, 500 4th Avenue, 6th Floor Admin. Bldg., Seattle, WA 98104 (206) 296-7300 Web Address: http://webapp.metrokc.gov/kctaxinfo/. Liability for sewer treatment capacity charges that may be assessed but not disclosed in the public records. Please contact the King County Capacity Charge Department for further information at 206-296-1450. Current and/or advance personal property taxes that may become due upon transfer or sale of the premises herein described. Please contact the King County Treasurer's office for further information. Deed of Trust and the terms and conditions thereof: Grantor:ML Langton, LLC, a Washington limited liability company Trustee:Wells Fargo Financial National Bank Beneficiary:Wells Fargo Bank, National Association Amount:$585000.00 Dated:June 20, 2012 Recorded:July 6, 2012 Recording No.:20120706000692 The amount now secured by said Deed of Trust and the terms upon which the same can be discharged or assumed should be ascertained from the holder of the indebtedness secured. Unrecorded Lease: Lessor:ML Langton, LLC Lessee:J & M Machine, LLC Disclosed By:Subordination Agreement - Lease Recorded:July 6, 2012 Recording No.:20120706000693 7. 8. 9. 10. 11. 12. Deed of Trust and the terms and conditions thereof: Grantor:ML Langton, LLC, a Washington limited liability company Trustee:First American Title Insurance Company Beneficiary:Northwest Business Development Association Amount:$476,000.00 Dated:January 31, 2013 Recorded:February 4, 2013 Recording No.:20130204001212 The amount now secured by said Deed of Trust and the terms upon which the same can be discharged or assumed should be ascertained from the holder of the indebtedness secured. Assignment of said Deed of Trust: Assignee:U.S. Small Business Administration Recorded:February 4, 2013 Recording No.:20130204001213 Assignment of Leases and Cash Collateral: Assignee:Northwest Business Development Association Recorded:February 4, 2013 Recording No.:20130204001214 Assignment of Assignment of Leases and Cash Collateral: Assignee:U.S. Small Business Administration Recorded:February 4, 2013 Recording No.:20130204001215 Memorandum of Lease: Lessor:ML Langton, LLC Lessee:J & M Machine, LLC Recorded:February 4, 2013 Recording No.:20130204001216 NOTE: Subordination Agreement and the terms and conditions thereof: By Agreement dated:January 31, 2013 Recorded:February 4, 2013 Recording No.:20130204001217 The Lease recorded under King County recording number 20130204001216, was purportedly made subordinate to the Deed of Trust recorded under King County recording number 20130204001212. Third Party Lender Agreement and the terms and conditions thereof: Recorded:February 4, 2013 Recording No.:20130204001218 Easement and the terms and conditions thereof: Grantee:City of Renton Purpose:Utility Affects:As located Recorded:February 7, 1975 Recording No.:7502070392 Covenants, conditions and restrictions and easements contained in short plat: Recorded:April 13, 1977 Recording No.:7704130774 13. 14. 15. 16. 17. 18. 19. 20. Covenants, conditions, restrictions and reservations, but deleting any covenant, conditions, or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604 I, and any amendments thereto: Recorded:August 15, 1978 Recording No.:7808151007 Notice of Adoption of Water and Sewer Local Facilities Connection Charge and the terms and conditions thereof: Recorded:April 9, 1993 Recording No.:9304091250 Terms and conditions of survey recorded July 13, 2009 under Recording Number 20090713900046. Any unrecorded leaseholds, right of vendors and holders of security interest on personal property installed upon said property, and right of tenants to remove trade fixtures at the expiration of the term. The attached Commercial Title Affidavit must be completed in full, notarized, and submitted to the Company for review prior to closing. Evidence of the authority of the individual(s) to execute the forthcoming document(s) for ML Langton, LLC, a Washington limited liability company, and copies of the current operating agreement and any amendments thereto, should be submitted prior to closing. Any conveyance or mortgage by ML Langton, LLC, a Limited Liability Company, must be executed by all of the members or managers as of the date of acquisition or evidence submitted that certain designated members or managers have been authorized to act for the Limited Liability Company. Evidence of the identity and authority of the officers of Select Air Services, Inc., a Washington corporation to execute the forthcoming instrument must be submitted. END OF SPECIAL EXCEPTIONS COMMITMENT FOR TITLE INSURANCE SCHEDULE B Part II The following are the requirements to be complied with: Item (a)Payment to or for the account of the grantors or mortgagors of the full consideration for the estat e or interest to be insured. Item (b)Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. Note:Effective January 1, 1997, and pursuant to amendment of Washington state statutes relating to standardization of recorded documents, the following format and content requirements must be met. Failure to comply may result in rejection of the document by the recorder. Format: Margins to be 3” on top of first page, 1” on sides and bottom, 1” on top, sides and bottom of each succeeding page. Font size of 8 points or larger and paper size of no more than 8 ½” by 14”. No attachments on pages such as stapled or taped notary seals, pressure seals must be smudged. Information which must appear on the first page: Title or titles of document. If assignment or reconveyance, reference to auditor’s file number or subject deed of trust. Names of grantor(s) and grantee(s) with reference to additional names on following page(s), if any. Abbreviated legal description (lot, block, plat name or section, township, range and quarter quarter section for unplatted). Assessor’s tax parcel number(s). Return address which may appear in the upper left hand 3” top margin. COMMITMENT FOR TITLE INSURANCE SCHEDULE B Part II NOTES: NOTE A: In order to assure timely recording all recording packages should be sent to: Stewart Title Company 18000 International Blvd, Suite 500, SeaTac, WA 98188 Attn: Recorder NOTE B: Recording fees charged by the county are billed as follows: Deeds of Trust $74.00 for the first page and $1.00 for each additional page. Deeds $73.00 for the first page and $1.00 for each additional page. Please add a $4.00 fee plus applicable sales tax for each document electronically recorded. NOTE C: The description can be abbreviated as suggested below if necessary to meet standardization requirements. The full text of the description must appear in the document(s) to be insured. Ptn Lot 3, Blk 2, C.D. Hillman's Lake Washington Garden of Eden Add Div 7 NOTE D: The records of King County and/or our inspection indicate that the address of the improvement located on said land is 1703 NE 43rd St., Renton, WA 98056. NOTE E: We find no pertinent matters filed or recorded against Select Air Services, Inc, proposed insured purchasers. NOTE F: In the event of cancellation, a cancellation charge may be made. NOTE G: There are no deeds affecting said land recorded within 24 months of the date of this report. LA END OF SCHEDULE B Escrow Officer Location: Stewart Title Company Escrow Officer: Nicole M Johnson 188 106th Avenue NE, Suite 680, Bellevue, WA 98004 Phone: (206) 770-1330 Fax: (800) 757-5401 Email: nicjohnson@stewart.com STG Privacy Notice Stewart Title Companies WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title Guaranty Company and its title affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm-Leach-Bliley Act (GLBA). The types of personal information we collect and share depend on the product or service that you have sought through us. This information can include social security numbers and driver's license number. All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday business—to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share customers' personal information; the reasons that we choose to share; and whether you can limit this sharing. . Reasons we can share your personal information.Do we share Can you limit this sharing? For our everyday business purposes— to process your transactions and maintain your account. This may include running the business and managing customer accounts, such as processing transactions, mailing, and auditing services, and responding to court orders and legal investigations. Yes No For our marketing purposes— to offer our products and services to you. Yes No For joint marketing with other financial companies No We don't share For our affiliates' everyday business purposes— information about your transactions and experiences. Affiliates are companies related by common ownership or control. They can be financial and non-financial companies. Our affiliates may include companies with a Stewart name; financial companies, such as Stewart Title Company Yes No For our affiliates' everyday business purposes— information about your creditworthiness.No We don't share For our affiliates to market to you — For your convenience, Stewart has developed a means for you to opt out from its affiliates marketing even though such mechanism is not legally required. Yes Yes, send your first and last name, the email address used in your transaction, your Stewart file number and the Stewart office location that is handling your transaction by email to optout@stewart.com or fax to 1-800-335-9591. For non-affiliates to market to you. Non-affiliates are companies not related by common ownership or control. They can be financial and non-financial companies. No We don't share We may disclose your personal information to our affiliates or to non-affiliates as permitted by law. If you request a transaction with a non-affiliate, such as a third party insurance company, we will disclose your personal information to that non-affiliate. [We do not control their subsequent use of information, and suggest you refer to their privacy notices.] SHARING PRACTICES How often do the Stewart Title Companies notify me about their practices? We must notify you about our sharing practices when you request a transaction. How do the Stewart Title Companies protect my personal information? To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer, file, and building safeguards. How do the Stewart Title Companies collect my personal information? We collect your personal information, for example, when you ß ß request insurance-related services provide such information to us We also collect your personal information from others, such as the real estate agent or lender involved in your transaction, credit reporting agencies, affiliates or other companies. What sharing can I limit?Although federal and state law give you the right to limit sharing (e.g., opt out) in certain instances, we do not share your personal information in those instances. Contact us: If you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty Company, 1980 Post Oak Blvd., Privacy Officer, Houston, Texas 77056 File No.: 01148-67182 Page 1 Revised 11-19-2013 ORDER NO: 01148-67182 This sketch is provided without charge for information. It is not intended to show all matters related to the property including, but not limited to area, dimensions, encroachments or locations or boundaries. It ’s not a part of, nor does it modify, the commitment or policy to which it is attached. The company assumes NO LIABILITY for any matter related to this sketch. Reference should be made to an accurate survey for further information. Description: King,WA Document - Year.Month.Day.DocID 1975.207.392 Page: 1 of 3 Order: 2 Comment: Description: King,WA Document - Year.Month.Day.DocID 1975.207.392 Page: 2 of 3 Order: 2 Comment: Description: King,WA Document - Year.Month.Day.DocID 1975.207.392 Page: 3 of 3 Order: 2 Comment: Description: King,WA Document - Year.Month.Day.DocID 1978.815.1007 Page: 1 of 4 Order: 2 Comment: Description: King,WA Document - Year.Month.Day.DocID 1978.815.1007 Page: 2 of 4 Order: 2 Comment: Description: King,WA Document - Year.Month.Day.DocID 1978.815.1007 Page: 3 of 4 Order: 2 Comment: Description: King,WA Document - Year.Month.Day.DocID 1978.815.1007 Page: 4 of 4 Order: 2 Comment: Description: King,WA Document - Year.Month.Day.DocID 1993.409.1250 Page: 1 of 2 Order: 2 Comment: Description: King,WA Document - Year.Month.Day.DocID 1993.409.1250 Page: 2 of 2 Order: 2 Comment: Description: King,WA Document - Year.Month.Day.DocID 1977.413.774 Page: 1 of 8 Order: 2 Comment: Description: King,WA Document - Year.Month.Day.DocID 1977.413.774 Page: 2 of 8 Order: 2 Comment: Description: King,WA Document - Year.Month.Day.DocID 1977.413.774 Page: 3 of 8 Order: 2 Comment: Description: King,WA Document - Year.Month.Day.DocID 1977.413.774 Page: 4 of 8 Order: 2 Comment: Description: King,WA Document - Year.Month.Day.DocID 1977.413.774 Page: 5 of 8 Order: 2 Comment: Description: King,WA Document - Year.Month.Day.DocID 1977.413.774 Page: 6 of 8 Order: 2 Comment: Description: King,WA Document - Year.Month.Day.DocID 1977.413.774 Page: 7 of 8 Order: 2 Comment: Description: King,WA Document - Year.Month.Day.DocID 1977.413.774 Page: 8 of 8 Order: 2 Comment: