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Form 5011453 (7-1-14) Page 1 of 11 ALTA Owner's Policy of Title Insurance (6-17-06)
Washington
Owner's Policy
Owner's Policy of Title Insurance
ISSUED BY
First American Title Insurance Company
POLICY NUMBER
5011453-2961961
Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be
given to the Company at the address shown in Section 18 of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS,
FIRST AMERICAN TITLE INSURANCE COMPANY, a Nebraska corporation (the “Company”) insures, as of Date of Policy and, to the extent
stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the
Insured by reason of:
1. Title being vested other than as stated in Schedule A.
2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from
(a) A defect in the Title caused by
(i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation;
(ii) failure of any person or Entity to have authorized a transfer or conveyance;
(iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered;
(iv) failure to perform those acts necessary to create a document by electronic means authorized by law;
(v) a document executed under a falsified, expired, or otherwise invalid power of attorney;
(vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic
means authorized by law; or
(vii) a defective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid.
(c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an
accurate and complete land survey of the Land. The term “encroachment” includes encroachments of existing improvements located
on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land.
3. Unmarketable Title.
4. No right of access to and from the Land.
(Covered Risks Continued on Page 2)
In Witness Whereof, First American Title Insurance Company has caused its corporate name to be hereunto affixed by its authorized officers as of
Date of Policy shown in Schedule A.
(This Policy is valid only when Schedules A and B are attached)
This Jacket was created electronically and constitutes an original document
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
Form 5011453 (7-1-14) Page 2 of 11 ALTA Owner's Policy of Title Insurance (6-17-06)
Washington
COVERED RISKS (Continued)
5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning)
restricting, regulating, prohibiting, or relating to
(a) the occupancy, use, or enjoyment of the Land;
(b) the character, dimensions, or location of any improvement erected on the Land;
(c) the subdivision of land; or
(d) environmental protection
if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enfo rce, but only to
the extent of the violation or enforcement referred to in that notice.
6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement
action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referre d to in that
notice.
7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Publ ic Records.
8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without K nowledge.
9. Title being vested other than as stated in Schedule A or being defective
(a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part
of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior
transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors’ rights laws; or
(b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bank ruptcy,
state insolvency, or similar creditors’ rights laws by reason of the failure of its recording in the Public Records
(i) to be timely, or
(ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor.
10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached
or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or ot her instrument
of transfer in the Public Records that vests Title as shown in Schedule A.
The Company will also pay the costs, attorneys’ fees, and expenses incurred in defense of any matter insured against by this Policy, but only to
the extent provided in the Conditions.
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of
this policy, and the Company will not pay loss or damage, costs,
attorneys' fees, or expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation
(including those relating to building and zoning) restricting,
regulating, prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any
improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or
governmental regulations. This Exclusion 1(a) does not
modify or limit the coverage provided under Covered Risk
5.
(b) Any governmental police power. This Exclusion 1(b) does
not modify or limit the coverage provided under Covered
Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or
limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured
Claimant;
(b) not Known to the Company, not recorded in the Public
Records at Date of Policy, but Known to the Insured Claimant
and not disclosed in writing to the Company by the Insured
Claimant prior to the date the Insured Claimant became an
Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however,
this does not modify or limit the coverage provided un der
Covered Risk 9 and 10); or
(e) resulting in loss or damage that would not have been
sustained if the Insured Claimant had paid value for the Title.
4. Any claim, by reason of the operation of federal bankruptcy, state
insolvency, or similar creditors’ rights laws, that the transaction
vesting the Title as shown in Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Covered
Risk 9 of this policy.
5. Any lien on the Title for real estate taxes or assessments imposed
by governmental authority and created or attaching between Date
of Policy and the date of recording of the deed or other instrument
of transfer in the Public Records that vests Title as shown in
Schedule A.
Form 5011453 (7-1-14) Page 3 of 11 ALTA Owner's Policy of Title Insurance (6-17-06)
Washington
CONDITIONS
1. DEFINITION OF TERMS
The following terms when used in this policy mean:
(a) “Amount of Insurance”: The amount stated in Schedule A,
as may be increased or decreased by endorsement to this
policy, increased by Section 8(b), or decreased by Sections
10 and 11 of these Conditions.
(b) “Date of Policy”: The date designated as “Date of Policy” in
Schedule A.
(c) “Entity”: A corporation, partnership, trust, limited liability
company, or other similar legal entity.
(d) “Insured": The Insured named in Schedule A.
(i) The term "Insured" also includes
(A) successors to the Title of the Insured by
operation of law as distinguished from purchase,
including heirs, devisees, survivors, personal
representatives, or next of kin;
(B) successors to an Insured by dissolution, merger,
consolidation, distribution, or reorganization;
(C) successors to an Insured by its conversion to
another kind of Entity;
(D) a grantee of an Insured under a deed delivered
without payment of actual valuable consideration
conveying the Title
(1) if the stock, shares, memberships, or other
equity interests of the grantee are wholly-
owned by the named Insured,
(2) if the grantee wholly owns the named
Insured,
(3) if the grantee is wholly-owned by an
affiliated Entity of the named Insured,
provided the affiliated Entity and the named
Insured are both wholly-owned by the same
person or Entity, or
(4) if the grantee is a trustee or beneficiary of a
trust created by a written instrument
established by the Insured named in
Schedule A for estate planning purposes.
(ii) With regard to (A), (B), (C), and (D) reserving,
however, all rights and defenses as to any successor
that the Company would have had against any
predecessor Insured.
(e) "Insured Claimant": An Insured claiming loss or damage.
(f) "Knowledge" or "Known": Actual knowledge, not
constructive knowledge or notice that may be imputed to
an Insured by reason of the Public Records or any other
records that impart constructive notice of matters affecting
the Title.
(g) "Land": The land described in Schedule A, and affixed
improvements that by law constitute real property. The
term "Land” does not include any property beyond the lines
of the area described in Schedule A, nor any right, title,
interest, estate, or easement in abutting streets, roads,
avenues, alleys, lanes, ways, or waterways, but this does
not modify or limit the extent that a right of access to and
from the Land is insured by this policy.
(h) "Mortgage": Mortgage, deed of trust, trust deed, or other
security instrument, including one evidenc ed by electronic
means authorized by law.
(i) "Public Records": Records established under state statutes
at Date of Policy for the purpose of imparting constructive
notice of matters relating to real property to purchasers for
value and without Knowledge. With respect to Covered Risk
5(d), "Public Records" shall also include environmental
protection liens filed in the records of the clerk of the United
States District Court for the district where the Land is located.
(j) “Title”: The estate or interest described in Schedule A.
(k) "Unmarketable Title”: Title affected by an alleged or apparent
matter that would permit a prospective purchaser or lessee of
the Title or lender on the Title to be released from the
obligation to purchase, lease, or lend if there is a contractual
condition requiring the delivery of marketable title.
2. CONTINUATION OF INSURANCE
The coverage of this policy shall continue in force as of Date of
Policy in favor of an Insured, but only so long as the Insured
retains an estate or interest in the Land, or holds an obligation
secured by a purchase money Mortgage given by a purchaser from
the Insured, or only so long as the Insured shall have liability by
reason of warranties in any transfer or conveyance of the Title.
This policy shall not continue in force in favor of any purchaser
from the Insured of either (i) an estate or interest in the Land, or
(ii) an obligation secured by a purchase money Mortg age given to
the Insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
The Insured shall notify the Company promptly in writing (i) in
case of any litigation as set forth in Section 5(a) of these
Conditions, (ii) in case Knowledge shall come to an Insured
hereunder of any claim of title or interest that is adverse to the
Title, as insured, and that might cause loss or damage for which
the Company may be liable by virtue of this policy, or (iii) if the
Title, as insured, is rejected as Unmarketable Title. If the Company
is prejudiced by the failure of the Insured Claimant to provide
prompt notice, the Company's liability to the Insured Claimant
under the policy shall be reduced to the extent of the prejudice.
4. PROOF OF LOSS
In the event the Company is unable to determine the amount of
loss or damage, the Company may, at its option, require as a
condition of payment that the Insured Claimant furnish a signed
proof of loss. The proof of loss must describe the defect, lien,
encumbrance, or other matter insured against by this policy that
constitutes the basis of loss or damage and shall state, to the
extent possible, the basis of calculating the amount of the loss or
damage.
5. DEFENSE AND PROSECUTION OF ACTIONS
(a) Upon written request by the Insured, and subject to the
options contained in Section 7 of these Conditions, the
Company, at its own cost and without unreasonable delay,
shall provide for the defense of an Insured in litigation in
which any third party asserts a claim covered by this policy
adverse to the Insured. This obligation is limited to only those
stated causes of action alleging matters insured against by
this policy. The Company shall have the right to select
counsel of its choice (subject to the right of the Insured to
object for reasonable cause) to represent the Insured as to
those stated causes of action. It shall not be liable for and will
not pay the fees of any other counsel. The Company will not
pay any fees, costs, or expenses incurred by the Insured in
the defense of those causes of action that allege matters not
insured against by this policy.
Form 5011453 (7-1-14) Page 4 of 11 ALTA Owner's Policy of Title Insurance (6-17-06)
Washington
CONDITIONS (Continued)
(b) The Company shall have the right, in addition to the
options contained in Section 7 of these Conditions, at its
own cost, to institute and prosecute any action or
proceeding or to do any other act that in its opinion may be
necessary or desirable to establish the Title, as insured, or
to prevent or reduce loss or damage to the Insured. The
Company may take any appropriate action under the ter ms
of this policy, whether or not it shall be liable to the
Insured. The exercise of these rights shall not be an
admission of liability or waiver of any provision of this
policy. If the Company exercises its rights under this
subsection, it must do so diligently.
(c) Whenever the Company brings an action or asserts a
defense as required or permitted by this policy, the
Company may pursue the litigation to a final determination
by a court of competent jurisdiction, and it expressly
reserves the right, in its sole discretion, to appeal any
adverse judgment or order.
6. DUTY OF INSURED CLAIMANT TO COOPERATE
(a) In all cases where this policy permits or requires the
Company to prosecute or provide for the defense of any
action or proceeding and any appeals, the Insured shall
secure to the Company the right to so prosecute or provide
defense in the action or proceeding, including the right to
use, at its option, the name of the Insured for this purpose.
Whenever requested by the Company, the Insured, at the
Company's expense, shall give the Company all reasonable
aid (i) in securing evidence, obtaining witnesses,
prosecuting or defending the action or proceeding, or
effecting settlement, and (ii) in any other lawful act that in
the opinion of the Company may be necessary or desirable
to establish the Title or any other matter as insured. If the
Company is prejudiced by the failure of the Insured to
furnish the required cooperation, the Company's obligations
to the Insured under the policy shall terminate, includin g
any liability or obligation to defend, prosecute, or continue
any litigation, with regard to the matter or matters
requiring such cooperation.
(b) The Company may reasonably require the Insured Claimant
to submit to examination under oath by any authorized
representative of the Company and to produce for
examination, inspection, and copying, at such reasonable
times and places as may be designated by the authorized
representative of the Company, all records, in whatever
medium maintained, including books, ledgers, checks,
memoranda, correspondence, reports, e-mails, disks, tapes,
and videos whether bearing a date before or after Date of
Policy, that reasonably pertain to the loss or damage.
Further, if requested by any authorized representative of
the Company, the Insured Claimant shall grant its
permission, in writing, for any authorized representative of
the Company to examine, inspect, and copy all of these
records in the custody or control of a third party that
reasonably pertain to the loss or damage. All information
designated as confidential by the Insured Claimant
provided to the Company pursuant to this Section shall not
be disclosed to others unless, in the reasonable judgment
of the Company, it is necessary in the administration of the
claim. Failure of the Insured Claimant to submit for
examination under oath, produce any reasonably requested
information, or grant permission to secure reasonably
necessary information from third parties as required in this
subsection, unless prohibited by law or governmental
regulation, shall terminate any liability of the Company
under this policy as to that claim.
7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;
TERMINATION OF LIABILITY
In case of a claim under this policy, the Company shall have the
following additional options:
(a) To Pay or Tender Payment of the Amount of Insurance.
To pay or tender payment of the Amount of Insurance under
this policy together with any costs, attorneys' fees, and
expenses incurred by the Insured Claimant that were
authorized by the Company up to the time of payment or
tender of payment and that the Company is obligated to pay.
Upon the exercise by the Company of this option, all liability
and obligations of the Company to the Insured under this
policy, other than to make the payment required in this
subsection, shall terminate, including any liability or obligation
to defend, prosecute, or continue any litigation.
(b) To Pay or Otherwise Settle With Parties Other Than the
Insured or With the Insured Claimant.
(i) To pay or otherwise settle with other parties for or in the
name of an Insured Claimant any claim insured against
under this policy. In addition, the Company will pay any
costs, attorneys' fees, and expenses incurred by the
Insured Claimant that were authorized by the Company
up to the time of payment and that the Company is
obligated to pay; or
(ii) To pay or otherwise settle with the Insured Claimant the
loss or damage provided for under this policy, together
with any costs, attorneys' fees, and expenses incurred
by the Insured Claimant that were authorized by the
Company up to the time of payment and that the
Company is obligated to pay.
Upon the exercise by the Company of either of the options
provided for in subsections (b)(i) or (ii), the Company's
obligations to the Insured under this policy for the claimed
loss or damage, other than the payments required to be
made, shall terminate, including any liability or obligation to
defend, prosecute, or continue any litigation.
8. DETERMINATION AND EXTENT OF LIABILITY
This policy is a contract of indemnity against actual monetary loss
or damage sustained or incurred by the Insured Claimant who has
suffered loss or damage by reason of matters insured against by
this policy.
(a) The extent of liability of the Company for loss or damage
under this policy shall not exceed the lesser of
(i) the Amount of Insurance; or
(ii) the difference between the value of the Title as insured
and the value of the Title subject to the risk insured
against by this policy.
(b) If the Company pursues its rights under Section 5 of these
Conditions and is unsuccessful in establishing the Title, as
insured,
(i) the Amount of Insurance shall be increased by 10%, and
(ii) the Insured Claimant shall have the right to have the
loss or damage determined either as of the date the
claim was made by the Insured Claimant or as of the
date it is settled and paid.
(c) In addition to the extent of liability under (a) and (b), the
Company will also pay those costs, attorneys' fees, and
expenses incurred in accordance with Sections 5 and 7 of
these Conditions.
Form 5011453 (7-1-14) Page 5 of 11 ALTA Owner's Policy of Title Insurance (6-17-06)
Washington
CONDITIONS (Continued)
9. LIMITATION OF LIABILITY
(a) If the Company establishes the Title, or removes the
alleged defect, lien, or encumbrance, or cures the lack of
a right of access to or from the Land, or cures the claim
of Unmarketable Title, all as insured, in a reasonably
diligent manner by any method, including litigation and
the completion of any appeals, it shall have fully
performed its obligations with respect to that matter and
shall not be liable for any loss or damage caused to the
Insured.
(b) In the event of any litigation, including litigation by the
Company or with the Company's consent, the Company
shall have no liability for loss or damage until there has
been a final determination by a court of competent
jurisdiction, and disposition of all appeals, adverse to the
Title, as insured.
(c) The Company shall not be liable for loss or damage to the
Insured for liability voluntarily assumed by the Insured in
settling any claim or suit without the prior written consent
of the Company.
10. REDUCTION OF INSURANCE; REDUCTION OR
TERMINATION OF LIABILITY
All payments under this policy, except payments made for
costs, attorneys’ fees, and expenses, shall reduce the Amount
of Insurance by the amount of the payment.
11. LIABILITY NONCUMULATIVE
The Amount of Insurance shall be reduced by any amount the
Company pays under any policy insuring a Mortgage to which
exception is taken in Schedule B or to which the Insured has
agreed, assumed, or taken subject, or which is executed by an
Insured after Date of Policy and which is a charge or lien on
the Title, and the amount so paid shall be deemed a payment
to the Insured under this policy.
12. PAYMENT OF LOSS
When liability and the extent of loss or damage have been
definitely fixed in accordance with these Conditions, the
payment shall be made within 30 days.
13. RIGHTS OF RECOVERY UPON PAYMENT OR
SETTLEMENT
(a) Whenever the Company shall have settled and paid a
claim under this policy, it shall be subrogated and entitled
to the rights of the Insured Claimant in the Title and all
other rights and remedies in respect to the claim that the
Insured Claimant has against any person or property, to
the extent of the amount of any loss, costs, attorneys'
fees, and expenses paid by the Company. If requested by
the Company, the Insured Claimant shall execute
documents to evidence the transfer to the Company of
these rights and remedies. The Insured Claimant shall
permit the Company to sue, compromise, or settl e in the
name of the Insured Claimant and to use the name of the
Insured Claimant in any transaction or litigation involving
these rights and remedies.
If a payment on account of a claim does not fully cover
the loss of the Insured Claimant, the Company shall defer
the exercise of its right to recover until after the Insured
Claimant shall have recovered its loss.
(b) The Company’s right of subrogation includes the rights of
the Insured to indemnities, guaranties, other policies of
insurance, or bonds, notwithstanding any terms or
conditions contained in those instruments that address
subrogation rights.
14. ARBITRATION
Either the Company or the Insured may demand that the claim
or controversy shall be submitted to arbitration pursuant to the
Title Insurance Arbitration Rules of the American Land Title
Association (“Rules”). Except as provided in the Rules, there shall
be no joinder or consolidation with claims or controversies of
other persons. Arbitrable matters may include, but are not limited
to, any controversy or claim between the Company and the
Insured arising out of or relating to this policy, any service in
connection with its issuance or the breach of a policy provision,
or to any other controversy or claim arising out of the transaction
giving rise to this policy. All arbitrable matters when the Amount
of Insurance is $2,000,000 or less shall be arbitrated at the
option of either the Company or the Insured. All arbitrable
matters when the Amount of Insurance is in excess of
$2,000,000 shall be arbitrated only when agreed to by both the
Company and the Insured. Arbitration pursuant to this policy and
under the Rules shall be binding upon the parties. Judgment
upon the award rendered by the Arbitrator(s) may be entered in
any court of competent jurisdiction.
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE
CONTRACT
(a) This policy together with all endorsements, if any, attached
to it by the Company is the entire policy and contract
between the Insured and the Company. In interpreting any
provision of this policy, this policy shall be construed as a
whole.
(b) Any claim of loss or damage that arises out of the status of
the Title or by any action asserting such claim shall be
restricted to this policy.
(c) Any amendment of or endorsement to this policy must be in
writing and authenticated by an authorized person, or
expressly incorporated by Schedule A of this policy.
(d) Each endorsement to this policy issued at any time is made
a part of this policy and is subject to all of its terms and
provisions. Except as the endorsement expressly states, it
does not (i) modify any of the terms and provisions of the
policy, (ii) modify any prior endorsement, (iii) extend the
Date of Policy, or (iv) increase the Amount of Insurance.
16. SEVERABILITY
In the event any provision of this policy, in whole or in part, is
held invalid or unenforceable under applicable law, the policy
shall be deemed not to include that provision or such part held to
be invalid, but all other provisions shall remain in fu ll force and
effect.
17. CHOICE OF LAW; FORUM
(a) Choice of Law: The Insured acknowledges the Company has
underwritten the risks covered by this policy and
determined the premium charged therefor in reliance upon
the law affecting interests in real property and applicable to
the interpretation, rights, remedies, or enforcement of
policies of title insurance of the jurisdiction where the Land
is located.
Therefore, the court or an arbitrator shall apply the law of
the jurisdiction where the Land is located to determine the
validity of claims against the Title that are adverse to the
Insured and to interpret and enforce the terms of this
policy. In neither case shall the court or arbitrator apply its
conflicts of law principles to determine the applicable law.
(b) Choice of Forum: Any litigation or other proceeding brought
by the Insured against the Company must be filed only in a
state or federal court within the United States of America or
its territories having appropriate jurisdiction.
18. NOTICES, WHERE SENT
Any notice of claim and any other notice or statement in writing
required to be given to the Company under this policy must be
given to the Company at First American Title Insurance
Company, Attn: Claims National Intake Center, 1 First
American Way; Santa Ana, CA 92707. Phone: 888-632-
1642.
Form 5011453 (7-1-14) Page 6 of 11 ALTA Owner's Policy of Title Insurance (6-17-06)
Washington
Schedule A
Owner's Policy of Title Insurance
ISSUED BY
First American Title Insurance Company
POLICY NUMBER
2961961
Name and Address of Title Insurance Company:
First American Title Insurance Company, 1 First American Way, Santa Ana, CA 92707.
File No.: 4203-2961961
Address Reference: 8074 S 132nd St, Renton, WA
98178
Amount of Insurance: $4,650,000.00
Premium: $5,944.00 Date of Policy: February 23, 2018 at 3:17 p.m.
1. Name of Insured:
Polygon WLH, LLC, a Delaware limited liability company
2. The estate or interest in the Land that is insured by this policy is:
Fee Simple
3. Title is vested in:
Polygon WLH, LLC, a Delaware limited liability company
4. The Land referred to in this policy is described as follows:
PARCEL A:
THAT PORTION OF LOTS 5 AND 6, BLOCK 10, EARLINGTON ACRE TRACTS, ACCORDING TO THE
PLAT THEREOF RECORDED IN VOLUME 15 OF PLATS, PAGE 84, IN KING COUNTY, WASHINGTON,
LYING SOUTHWESTERLY OF THE SOUTHWEST MARGIN OF RENTON AVENUE, AS ESTABLISHED BY
DEED RECORDED MARCH 16, 1971 UNDER RECORDING NUMBER 7103160147.
TOGETHER WITH THAT PORTION OF LOT 4, BLOCK 10, EARLINGTON ACRE TRACTS, ACCORDING
TO THE PLAT THEREOF RECORDED IN VOLUME 15 OF PLATS, PAGE 84, IN KING COUNTY,
WASHINGTON LYING SOUTHWESTERLY OF RENTON AVE SOUTH.
EXCEPT THAT PORTION CONVEYED TO KING COUNTY FOR RENTON AVENUE BY INSTRUMENTS
RECORDED UNDER KING COUNTY RECORDING NO. 2633591 RECORDED MARCH 16, 1971, UNDER
RECORDING NO. 7103160165.
PARCEL B:
THAT PORTION OF LOT 7, BLOCK 10, EARLINGTON ACRE TRACTS, ACCORDING TO THE PLAT
THEREOF RECORDED IN VOLUME 15 OF PLATS, PAGE 84, IN KING COUNTY, WASHINGTON, LYING
SOUTHWESTERLY OF THE SOUTHWEST MARGIN OF RENTON AVENUE, AS ESTABLISHED BY DEED
RECORDED MARCH 16, 1971 UNDER RECORDING NUMBER 7103160147.
Form 5011453 (7-1-14) Page 7 of 11 ALTA Owner's Policy of Title Insurance (6-17-06)
Washington
PARCEL C:
THE SOUTH 100 FEET OF LOT 3; TOGETHER WITH THOSE PORTIONS OF LOTS 1 AND 2, BLOCK 19,
EARLINGTON ACRE TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 15 OF
PLATS, PAGE 84, IN KING COUNTY, WASHINGTON, LYING SOUTHWESTERLY OF THE SOUTHWEST
MARGIN OF RENTON AVENUE, AS ESTABLISHED BY DEED RECORDED JUNE 17, 1971 UNDER
RECORDING NUMBER 7106170187.
PARCEL D:
THAT PORTION OF LOT 3, BLOCK 19, EARLINGTON ACRE TRACTS, ACCORDING TO THE PLAT
THEREOF RECORDED IN VOLUME 15 OF PLATS, PAGE 84, IN KING COUNTY, WASHINGTON, LYING
SOUTHWESTERLY OF THE SOUTHWEST MARGIN OF RENTON AVENUE, AS ESTABLISHED BY DEED
RECORDED MARCH 19, 1971 UNDER RECORDING NUMBER 7103190108;
EXCEPT THE SOUTH 100 FEET THEREOF.
PARCEL E:
LOTS 4, 5, 6 AND 7, BLOCK 19, EARLINGTON ACRE TRACTS, ACCORDING TO THE PLAT THEREOF
RECORDED IN VOLUME 15 OF PLATS, PAGE 84, IN KING COUNTY, WASHINGTON;
EXCEPT THAT PORTION OF SAID LOT 4 LYING NORTHEASTERLY OF THE SOUTHWEST MARGIN OF
RENTON AVENUE, AS ESTABLISHED BY DEED RECORDED MARCH 16, 1971 UNDER RECORDING
NUMBER 7103160147.
EXCEPT THAT PORTION OF LOT 7, BLOCK 19, EARLINGTON ACRE TRACTS, ACCORDING TO THE
PLAT THEREOF RECORDED IN VOLUME 15 OF PLATS, PAGE 84, IN KING COUNTY, WASHINGTON,
LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE:
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 7;
THENCE SOUTH 87°30'06" EAST 8.15 FEET ALONG THE SOUTH LINE OF SAID LOT 7 TO THE TRUE
POINT OF BEGINNING OF SAID LINE;
THENCE NORTH 00°22'46" EAST TO THE WEST LINE OF SAID LOT 7 AND THE END OF THIS
DESCRIBED LINE, BY KING COUNTY SUPERIOR COURT CAUSE NO. 07-2-33638-9, AND RECORDED
DECEMBER 12, 2007 UNDER RECORDING NUMBER 20071212000820.
APN: 214480-0285-02 and 214480-0295-00 and 214480-0487-08 and 214480-0488-07 and 214480-
0500-01
Form 5011453 (7-1-14) Page 8 of 11 ALTA Owner's Policy of Title Insurance (6-17-06)
Washington
Schedule B
Owner's Policy of Title Insurance
ISSUED BY
First American Title Insurance Company
POLICY NUMBER
2961961
EXCEPTIONS FROM COVERAGE
File No.: 4203-2961961
This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees,
or expenses that arise by reason of:
1. Taxes and assessments which are not shown as existing liens by the records of any taxing authority
that levies taxes of assessments on real property or by the public record.
2. (A) Unpatented mining claims; (B) Reservations or exceptions in patents or in Acts authorizing the
issuance thereof; (C) Water rights, claims or title to water; whether or not the matters
excepted under (A), (B) or (C) are shown by the public records; (D) Indian Tribal Codes
or Regulations, Indian Treaty or Aboriginal Rights, including easements or equitable servitudes.
3. Any service, installation, connection, maintenance, construction, tap or reimbursement charges/costs
for sewer, water, garbage or electricity.
4. General Taxes for the year 2018, now payable, but not delinquent.
The first half becomes delinquent after April 30th. The second half becomes delinquent after October
31st.
Tax Account No.: 214480-0285-02
Affects: Parcel A
5. General Taxes for the year 2018, now payable, but not delinquent.
The first half becomes delinquent after April 30th. The second half becomes delinquent after October
31st.
Tax Account No.: 214480-0295-00
Affects: Parcel B
6. General Taxes for the year 2018, now payable, but not delinquent.
The first half becomes delinquent after April 30th. The second half becomes delinquent after October
31st.
Tax Account No.: 214480-0487-08
Affects: Parcel C
Form 5011453 (7-1-14) Page 9 of 11 ALTA Owner's Policy of Title Insurance (6-17-06)
Washington
7. General Taxes for the year 2018, now payable, but not delinquent.
The first half becomes delinquent after April 30th. The second half becomes delinquent after October
31st.
Tax Account No.: 214480-0488-07
Affects: Parcel D
8. General Taxes for the year 2018, now payable, but not delinquent.
The first half becomes delinquent after April 30th. The second half becomes delinquent after October
31st.
Tax Account No.: 214480-0500-01
Affects: Parcel E
9. Taxes which may be assessed and extended on any subsequent roll for the tax year 2018, with
respect to new improvements and the first occupancy which may be included on the regular
assessment roll and which are an accruing lien not yet due or payable.
10. ALTA survey by EMS Consulting Engineers, dated October 9, 2017, under Job No. 1938-001-
016 discloses the following exceptions to ALTA Extended Owner's/Purchaser Coverage:
(A) Possible encroachment of a cyclone fence along the Westerly property lines.
(B) Possible encroachment of a split rail fence & a cyclone fence along the Northeasterly property
lines
(C) Possible encroachment of a wood fence along the Southerly property lines.
Note: Clearance of Owner's Extended Coverage matters does not result in the deletion of Paragraphs A,
E and G in Schedule B, Section 2, herein, which will remain as exceptions in said Policy.
11. Any and all offers of dedication, conditions, restrictions, easements, boundary discrepancies or
encroachments, notes and/or provisions shown or disclosed by Short Plat or Plat of Earlington Acre
Tracts recorded in Volume 15 of Plats, Page(s) 84.
12. Reservations and exceptions, including the terms and conditions thereof:
Reserving: Minerals
Reserved By: Jones-Thomspon Investment Company, a corporation
Recorded: March 20, 1937
Recording Information: 2936946
We note no examination has been made regarding the transfer or taxation of the reserved rights.
Affects: Parcel B
13. Reservations and exceptions, including the terms and conditions thereof:
Reserving: Minerals
Reserved By: Jones-Thomspon Investment Company, a corporation
Recorded: August 17, 1937
Recording Information: 2961097
We note no examination has been made regarding the transfer or taxation of the reserved rights.
Form 5011453 (7-1-14) Page 10 of 11 ALTA Owner's Policy of Title Insurance (6-17-06)
Washington
Affects: Lot 4 of Parcel E
14. Easement, including terms and provisions contained therein:
Recording Information: 5671904
In Favor of: King County, Washington
For: Slopes for cuts and fills
Affects: Lot 4 of Parcel A
15. Right to make necessary slopes for cuts or fills upon said premises for Renton Avenue as granted by
deed recorded December 04, 1963 under recording no. 5671905.
Affects: Lots 5 & 6 of Parcel A and Parcel B
16. Right to make necessary slopes for cuts or fills upon said premises for Renton Avenue as granted by
deed recorded March 16, 1971 under recording no. 7103160147.
Affects: Lots 5 & 6 of Parcel A and Parcels B and E
17. Right to make necessary slopes for cuts or fills upon said premises for Renton Avenue as granted by
deed recorded March 16, 1971 under recording no. 7103160165.
Affects: Lot 4 of Parcel A
18. Right to make necessary slopes for cuts or fills upon said premises for Renton Avenue as granted by
deed recorded March 19, 1971 under recording no. 7103190108.
Affects: Parcel D
19. Right to make necessary slopes for cuts or fills upon said premises for Renton Avenue as granted by
deed recorded June 17, 1971 under recording no. 7106170187.
Affects: Parcel C
Said instrument is a re-record of recording no(s). 7103050155
20. Easement, including terms and provisions contained therein:
Recording Information: 20050719000834
In Favor of: Qwest Corporation, a Delaware corporation, its successors, assigns,
lessees, licensees and agents
For: Telecommunications facilities and appurtenances
Affects: Lot 2 of Parcel C
Form 5011453 (7-1-14) Page 11 of 11 ALTA Owner's Policy of Title Insurance (6-17-06)
Washington
21. Conditions, notes, easements, provisions and/or encroachments contained or delineated on the face
of the Survey recorded under Recording No. 20050722900021.
Affects: Lot 2 of Parcel C
22. The terms and provisions contained in the document entitled "Assigment of Rights and Bill of Sale"
Recorded: February 23, 2018
Recording No.: 20180223001298