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HomeMy WebLinkAboutMISC 20180216000337 Instrument Number:20180216000337 Document:A Rec:$79.00 Page-2 of 6 20130216000337.002 Record Date:2116/2018 9:52 AM King County,WA ASSIGNMENT OF MEMBERSHIP INTEREST OF 3RD AND WILLIAMS,LLC This Assignment of Membership Interest of 3RD AND WILLIAMS, LLC (the "Assignment") is made and effective as of the 21st day of December 2017, by and among KHANH C. LU AND HOA LU-VO (Collectively "Assignor"), and MELISSA JUNE LU ("Assignee"). RECITALS: WHEREAS, Assignor and the Assignee constitute all of the members of a limited liability company formed under the Washington State Limited Liability Company Act, by the name of 3RD AND WILLIAMS, LLC (the "Company"), and the Company is governed and operated pursuant to an Operating Agreement of 3RD AND WILLIAMS, LLC dated April _, 2009(the"Operating Agreement"); WHEREAS, Assignor is the legal and beneficial owner of a 100% Membership Interest in the Company;and WHEREAS, Assignor wishes to transfer and assign 49% of their Membership Interest which constitutes a 49%of all membership interest in the Company to Assignee, and all of the members of the Company are agreeable to such transfer and withdrawal under the terms and conditions set forth below; NOW, THEREFORE, for and in consideration of the mutual promises, covenants, and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by each of the parties hereto, the parties hereto agree as follows: 1. Conveyance by Assignor. Assignor hereby assigns, conveys, transfers and delivers to Assignee, its successors and assigns, all of Assignor's rights,title and interest in and to its 49%Membership Interest in the Company.This assignment is absolute and irrevocable and includes all rights in and claims to any undistributed cash or distributions of any kind and all other rights or benefits of any nature allocable to the Membership Interest under the Operating Agreement. 2. Acceptance by Assignee. Assignee hereby accepts the foregoing assignment and transfer of the Membership Interest in the Company from Assignor. Assignee hereby assumes and agrees to be bound by all of the terms, conditions, and provisions of the Operating Agreement with respect to the Membership Interest in the Company transferred to Assignee by Assignor. 20180216000337,001 Instrument Number:201802161)00337 Document:A Rec: S79.00 Page-1 of 6 Record Date:211612018 9:52 AM Electronically Recorded Kin County,WA AFTER RECORDING MAIL TO; Name 3nd and Williams, LLC Address 13414 SE 85th St, atylState Newcastle,WA 98059 Document Tide(s): 1. Assignment of Membership Interest of 3id and Williams, LLC Reference Number(s)of Documents Assigned or released: Grantor(s): 1ST AM (o I- 1. Khanh C. Lu 2. Hoa Lu-Vo fOC,C) GGta.. j ] Additional information on page of document Grantee(s): 1. Melissa June Lu 2. [ ] Additional information on page of document [ ] Complete legal description is on page of document Instrument Number: 20180216000337 Document:A Rec: $79.00 Page-3 of 6 20180216000337.003 Record Date:2/16/2018 9:52 AM Kin County,WA 3. Representations and Warranties of Assignor. Assignor hereby represents and warrants to Assignee that the Membership Interest transferred under this Assignment to Assignee is free and clear of all liens, claims, encumbrances and other restrictions of any kind; that Assignor has full right and legal authority to assign the Membership Interest to Assignee; and that the Membership Interest constitutes Assignor's entire ownership interest in the Company and Assignor has no other equity interests or rights to acquire additional interests in the Company. Assignor covenants to defend its title to the Membership Interest from claims originating prior to the date hereof. Assignor further agrees and acknowledges that upon the effectiveness of the transfer of Assignor's entire Membership Interest in the Company to Assignee under this Assignment, Assignor shall withdraw from,cease to be a member of,and have no further rights or interest as a member in the Company. 4. Execution of Documents. Assignor and Assignee each agrees to perform any further acts and execute and deliver any further documents and forms reasonably required or requested by the other, by the Company, or by counsel for either of them or the Company that may be necessary to reflect the transfer to Assignee of all rights, title, and interest in and to Assignor's entire Membership Interest in the Company, and to cooperate with each other for the fulfillment of the terms of this Assignment. 5. Consent to Transfer and Admission of Assignee as Member. The Members hereby approve and consent to the foregoing transfer to Assignee of Assignor's 40%Membership Interest in the Company and, in connection therewith,hereby approve the admission of Assignee as a new member of the Company. 6. Revised Membership Interest Percentages. After giving effect to the transfer to Assignee of Assignor's entire Membership Interest in the Company, the members of the Company and their respective Membership Interest percentages are as follows: Name of Member Membership Interest Percentage MELISSA JUNE LU 49.0% KHANH C.LU AND HOA LU-VO 51.0% 7. Continuation of Company and Other Terms of Operating Agreement. The parties hereby agree that the Company shall continue as a limited liability company under the Act by and between the continuing members and that the Company shall not be dissolved and that its business and operations shall not be liquidated or wound up because of the transfer of Assignor's Membership Interest in the Company to Assignee. Except for the substitution of Assignee for Assignor as a member of the Company, the Operating Agreement shall continue in full force and effect in accordance with its terms,unmodified in any other respect whatsoever. 8. Severability and Survival. Each provision of this Assignment is intended to be severable. If any term or provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity shall, to the greatest extent possible, not affect the legality or validity of 2 Instrument Number:20180216000337 Document:A Rec:S79.00 Page-4 of 6 20120216000337,004 Record Date:2/16/20I8 9:52 AM Kin County.WA the remainder of this Assignment. All of the terms, representations, warranties, and other provisions of this Assignment shall survive and remain in effect after the date hereof. 9. Successors and Assigns. This Assignment shall bind and inure to the benefit of the transferees, successors, assigns, heirs, beneficiaries, executors, administrators, members, partners,shareholders,agents,employees,and representatives of each party hereto. 10. Controlling Law. This Assignment has been entered into in the State of Washington, and this Assignment, including any rights, remedies, or obligations provided for hereunder, shall be construed and enforced in accordance with the laws of the State of Washington. IN WITNESS WHEREOF, each of the undersigned parties has duly executed this Assignment,effective as of the day and year first written above. ASSIGNOR ." A- A1. -- 0241 f 4 KHANH C.LU DATE 14A - L/Cr 2411 i1 HOA LU-VO DATE ASSIGNEE / /2 MELISSA J LUDATE 3 Instrument Number:20180216000337 Document:A Rec:$79.00 Page-S of 6 20180216000337,005 Record Date:2/16/2018 9:52 AM King County,WA Acknowledgement Form State of(."-----","a6%t-,-- ) )ss.: County of te---;,--C ) On the (5 day of e4e4c--, in the year 241efore me,the undersigned notary / .q4.-rr7 public,personally appeared 44,c.�7 Vit.i , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose name(s)is(are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies),and that by his/her/heir signature(s)on the instrument,the individual(s),or the person upon behalf of which the individual(s)acted,executed the instrument. Notary Public 11/ State of Washiagton _ . �1otary Public ROBERT AHOY ALVAREZ rift COMMISSION EXPIRES Fooruary 22.201L Instrument Number:20180216000337 Document:A Rec:$79.00 Page-6 of 6 20180216000337006 Record Date:2/16/2018 9:52 AM King County.WA Acknowledeement Form State of /4)4,5/4 IL ) )ss.: Public 5 t Wananoton YU HG LOUIE County of 11ON 1 ) ( Mr Appointment Explra Mat 2.2019 t On the I at day of - uor in the year'?OI ,before me,the undersigned notary public,personally appeared frfe.RSSG lytt personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose names)is(are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies),and that by his/her/their signature(s)on the instrument,the individual(s),or the person upon behalf of which the individual(s)acted,executed the instrument. Notary Public