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PARTIES OF RECORD ]OHNSON/]&M LAND DEVELOPMENT LUA07-114, LLA Matt Cyr ESM Consulting Engineers 33915 First Way ste: #200 Federal Way, WA 98003 tel: (253) 838-6113 eml: matt. cyr@esmciviLcom (contact) Kenneth Johnson 4915 NE 7th Street Renton, WA 98059 (owner) Marc Rousso JayMarc Holdings, LLC PO Box 2566 Renton, WA 98056 (applicant) J&M Land Development, Inc. PO Box 2566 Renton, WA 98056 tel: (425) 226-9100 (owner) Updated: 10/10/07 (Page 1 of 1) CITY OF RENTON DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT MEMORANDUM Date: September 13, 2013 To: City Clerk's Office From: Stacy M Tucker Subject: Land Use File Closeout Please complete the following information to facilitate project closeout and indexing by the City Clerk's Office. Project Name: Johnson/AM Land Development Lot Line Adjustment I LUA {file} Number: LUA-07-114, LLA Cross -References: AKA's: Project Manager: Ion Arai/Jennifer Henning Acceptance Date: October 10, 2007 Applicant: JayMarc Holdings, LLC Owner: AM Land Development, Inc. Contact: Matt Cyr PID Number: 1023059208; 1023059394 ERC Decision Date: ERC Appeal Date: Administrative Denial: Appeal Period Ends: Public Hearing Date: Date Appealed to HEX: By Whom: i HEX Decision: Date: I v6141; #%FJJ=63 cu W a.aiu�wn. I By Whom: Council Decision: Date: 3 Mylar Recording Number: Project Description: Voided due to inactivity Location: 49xx NE 6th St & 4915 NE 7th St Comments: Rn 7 E E O V O C a E C m a a 0 N M N M LA O co Q c O c a cr- Certified Mail Provides: A mailing receipt A unique identifier for your mailpiece A record of delivery kept by the Postal Service for two years lmpartartt RemindeM: a Certified Mail may ONLY be combined with First -Class Maila or Priority Mail®. a Certified Mail is not available for any class of international mail. ra NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail. 4 For an additional fee, a Retum Receipt may be requested to provide proof of delivery. To obtain Return Receipt service, please complete and attach a Return Receipt (PS Form 381 t) to the article and add applicable postage to cover the fee. Endorse mailpiece'Return Receipt Requested'. To receive a fee waiver for a duplicate return receipt, a LISPS® postmark on your Certified Mail receipt is required. o For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement 'Restricted Delivery". a If a postmark on the Certified Mail receipt is desired, please present the aRi- cle at the post office for postmarking_ If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. I IMPORTANT, Save Ibis receipt and present it when making an inquiry. PS Form 3800, August 2006 (Reverse) PSN 7530-M-000-W47 Denis Law. City Of Mayor1�1� J I3 G a August.6, 2012 Department of Community and Economic Development C.E."Chip"Vincent, Administrator. Matt Cyr ESM Consulting Engineers 33915 1st Way S. STE #200 'Federal Way, WA 98003 SUBJECT: "Final Notice Johnson/J&M Landbevelopment LLA / LUA07-114, LLA Dear Mr. Cyr: The Planning Division of the City of Renton has determined that the above subject, - application is expired. According to RINK 4-8-100C.4 -- Expiration of Complete Land Use Applications, the application submitted on 10/01/2007 has been inactive for ninety.(90) daysor more and an administrative decision has not been made and/or has not been reviewed by the Hearing Examiner in a public hearing. According to our records, an "On-Hold"notification (enclosed) was mailed on April 30, 2009, stating additional information was -necessary in order to continue processing the submitted application. As of the date of thisletter, the requested information has not 'been -received. Therefore, this is'' our final'riotice, if the City of Renton Planning Division does not receive a written request to continue processing the application.and the requested information within six. (6) months of the date.of this letter the application shall be null and void. If you have any questions, please contact me at (425) 430-7286. Sincerely, JenniferT. Henning. Current Planning Manager Enclosed, "on -Hold" Letter— dated: April 30,.2009 cc: Kenneth Johnson / owner(s) Marc Rousso, JayMarc holdings; LLC / Party(ies) of Record Renton City Hall . 1055 South Grady Way • Renton, Washington.98057 . rentonwa.gov IF Denis Law Mayor April 30, 2009 Matt Cyr ESM Consulting Engineers 33915 1"Way S. STE 4200 Federal Way, WA 98003 rCity of CY Ut (p i � 4 ® _y Department of Community & Economic Development SUBJECT: Johnson/J&M Land Development LLA LUA07-114, LLA "On Hold" Notice Dear Mr. Cyr: The Planning Division of the City of Renton accepted the above master application for review on October 10, 2007. During our review, staff has determined that additional information is necessary in order to proceed further. The following information will need to be submitted before May 3.0, 2009 so that we may continue the review of the above subject application: • The revisions from the letter dated. January 11, 2008. o Make sure that the dates are changed to 2009, not 2007 or 2008. At this time, your project has been placed "on hold" pending receipt of the requested information. Please contact me at (425) 430-7270 if you have any questions. Sincerely, V Ion Arai Assistant Planner cc: Marc Rousso / Owner(s) J&M Land Development, Inc. PO Box 2566 Renton, WA 98056 Kenneth Johnson / Party of Record 4915 NE Vh Street Renton, WA 98059 Renton City Hall 9 1055 South Grady Way • Renton, Washington 98057 0 rentonwa.gov CITY 73IF _ ENTON 0 Denis Law, Mayor January It, 2008 Matt Cyr ESM Consulting Engineers 33915 First Way S. 4200 Federal Way, WA 98003 Planning/Building/PublicWorks Department Gregg Zimmerman. P.E., Administrator SUBJECT: Johnson/J&M Land Development Lot Line Adjustment File No. LUA07-114, LLA Dear Mr, Cyr: The City of Renton has finished reviewing your proposed lot line adjustment and is now ready to approve and send the final version for recording. The following items will need W be addressed prior to submitting mylars: 1. Change all references to.the year, from " 2007" to 2008 (both drawing sheets as needed). 2. if the latecomer's agreement between the City of 17.enton and Glenn Wharton is still in effect (Rec. No. 20050816000319), then include said agreement under the "Easement Notes" block on Sheet 2 of 2. 3. -The December 18; 2007 lot line adjustment submittal to the City includes references to two new easements — one is a use agreement easement and the second is a 10' utility easement (Sheet 2 of 2). Are these private easements or public easements? Are they necessary for the recording of the lot line adjustment? Once the above -mentioned items have been addressed please submit two sets of original signed mylars and a check for $17.97 made out to Velocity Express to my attention at the sixth floor counter of City Hall. Please verify that the mylars have been signed by all owners of record and have been notarized with an ink stamp (not embossed). The ink.stamp must be legible so that King County will promptly record the lot line adjustment. This decision to approve the proposed lot line adjustment is subject to a fourteen (14) day appeal period from the date of this letter. Any appeals of the administrative decision. must be filed with the City of Renton Hearing Examiner by 5.00 pm,.January 25, 2008'. Appeals must be filed in writing together with the required $75.00 application fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. 1055 South Grady Way - Renton, Washington 98057 ® This paper contamm50%reeyoWrnatenW,30%postconsurner RENTON AHFAD OF THP CURVE Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8- ] 10. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510. If you have further questions regarding this project, please call me at (425) 430-7289. Sincerely, Ao ale Timmons Assistant Planner cc: J&M Land Development/ Owner Marc Rousso / Owner Kenneth Johnson / Applicant Yellow file CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: December 18, 2007 TO: Sonja Fesser, Property Services FROM: Rocale Timmons, Development/Planning, x7289 SUBJECT: Johnson 1 J&M Lot Line Adjustment, File No. LUA07-114, LLA Attached is the most recent version of the above -referenced lot line adjustment. If all Property Services concerns have been addressed and you are now able to recommend recording of the mylar, please initial this memo below and return to me as soon as possible. However, if you have outstanding concerns or require additional information in order to recommend recording, please let me know. Thank you. Property Services approval: cc: Yellow File Robert T. Mac Onie, Jr. PLS NDae 1 7�0$ Sonja J. sse affe DocumenQ CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: January 2, 2008 TO: Rocale Timmons FROM: Sonja J. Fesser 35e SUBJECT: Johnson/J&M Land Development LLA, LUA-07-114-LLA Format and Legal Description Review Bob Mac Onie and I have reviewed the above referenced lot line adjustment submittal and have the following comments: Comments for the Applicant: Change all references to the year, from "2007" to 2008 (both drawing sheets as needed). If the latecomer's agreement between the City of Renton and Glenn Wharton is still in effect (Rec. No. 20050816000319), then include said agreement under the "Easement Notes" block on Sheet 2 of 2. The December 18, 2007 lot line adjustment submittal to the city includes references to two new easements -- one is a use agreement easement and the second is a 10' utility easement (Sheet 2 of 2). Are these private easements or public easements? Are they necessary for the recording of the lot line adjustment? 1HARc Sys1LND - Lnnd Subdivision & Surveying Records\LND-30 - Lot Line Ad.iustmentA03371RV080102.doc CITY ) F RE NTO N Us����. e Uu } Kathy Keoiker, Mayor November 16, 2007 Matt Cyr ESM Consulting Engineering 33915 First Way S #200 Federal Way, WA 98003 Planning/Building/Public Works Department Gregg Zimmerman P.E., Administrator Subject: JohnsonIJ&M Land Development Lot Line Adjustment LUA07-114, LLA Dear Mr. Cyr: The City of Renton has completed the initial review of your proposed lot line adjustment. The following changes will be necessary in order for the City to approve your proposal: 1. Depict all easements listed in the title on all plans. This would include the name, dimensions and recording numbers. 2. Please give the old and new lot lines different line weights. 3. Note the gross and net square footage of existing and revised lots (net reflects the deduction of access easements, right of way dedications, and critical areas). In addition to the above -mentioned comments, please see the enclosed memo requesting changes from the Property Services Division. Once all changes have been made; please submit two copies of the revised lot line adjustment to me at the sixth floor counter of City Hall. The revised plans will be routed for final review and you will be notified when it is appropriate to submit the final mylars. If you have any questions regarding your application or the changes requested above, please contact me at (425) 430-7289. Sincerely, Ro ale Timmons Assistant Planner Attachments cc: J&M Land Development, Inc / Owner Kennth Johnson / Owner Marc Rousso / Applicant Yellow File 1055 South Grady Way - Renton, Washington 98057 MThm rwr r rnntninc f+f7"L. ror+mlarl mpi.6.1 7OW, RENTON AHEAD OF THE CURVE %V CITY OF RENTON PLANNINGIBUILDING/PUBLIC WORKS MEMORANDUM DATE: November 14, 2007 TO: Rocale Timmons FROM: Sonja J. Fesser SUBJECT: Johnson/J&M Land Development LLA, LUA-07-114-LLA Format and Legal Description Review Bob Mac Onie and I have reviewed the above referenced lot line adjustment submittal and have the following comments: Comments for the Applicant: Note the City of Renton land use action number and land record number, LUA-07-114-LLA and LND-30-0337, respectively, on the drawing sheets in the spaces already provided. City of Renton Mon #1851 is not the quarter corner. Provide a tie to a second Survey Control Network monument. Remove references to Mon #1851. Note discrepancies between bearings and distances of record and those measured or calculated, if any. Note the new overall dimension for the west line of "PARCEL A" on the drawing (Sheet 2 of 2). Note the city -designated name (Hoquiam AVE NE) where "142°d Avenue Southeast" is now shown, on Sheet 2 of 2. Also, "140`h Ave SE" should be replaced by Field Ave NE, "Southeast 122"1 Street" should be replaced by NE 61h PL, and "SE 124 h St" should be replaced by NE 61h St. Note all easements, covenants and agreements of record on the submittal (as noted in the Chicago Title Insurance Company title reports, Order No. 001179476 (dated September 21, 2007) and Order No. 001240975 (dated July 5, 2007). What is the current status of the Road Maintenance Agreement document (Rec. No. 8711131412)? If applicable to this lot line adjustment, show it on the drawing. Those properties to the east, south and west of the subject parcels should be identified per their plat name and lot numbers, or noted as UNPLA'fTED. The property owners' names and tax parcel numbers are not needed. 1HAFile Sys1LND - Land Subdivision & Surveying Reeords\LND-30 - Lot Line Adjusimc=1s103371RV071 114.doe November 16, 2007 Page 2 At the time of recording, all vested owner(s) of the two properties subject to this lot line adjustment, need to sign the final lot line adjustment submittal. include notary blocks as needed. Note that if there are easements, restrictive covenants or agreements to others (City of Renton, etc.) as part of this lot line adjustment, they can be recorded concurrently with said lot line adjustment submittal. The lot line adjustment submittal and the associated document(s) are to be given to the Project Manager as a package. The recording number(s) for the associated document(s) are to be referenced on the lot line adjustment submittal. Provide spaces for the recording numbers thereof. Fee Review Comments: Lots within or affected by the lot line adjustment are subject to the city's special charges, if any. HM-ile Sys\LND - Land Subdivision & Surveying Records\LND-30 - Lot Line Adjustments103371RV071114.doelu E`! G �Y OF REidTO� 1dIt�G NOV 15 2007 CITY OF RENTON RiECEIVED PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: November 14, 2007 TO: Rocale Timmons FROM: Sonja J. Fesser SUBJECT: Johnson/J&M Land Development LLA, LUA-07-114-LLA Format and Legal Description Review Bob Mac Onie and I have reviewed the above referenced lot line adjustment submittal and have the following comments: Comments for the Applicant: Note the City of Renton land use action number and land record number, LUA-07-114-LLA and LND-30-0337, respectively, on the drawing sheets in the spaces already provided. City of Renton Mon #1851 is not the quarter corner. Provide a tie to a second Survey Control Network monument. Remove references to Mon #1851. Note discrepancies between bearings and distances of record and those measured or calculated, if any. Note the new overall dimension for the west line of "PARCEL A" on the drawing (Sheet 2 of 2). Note the city -designated name (Hoquiam AVE NE) where "142°d Avenue Southeast" is now shown, on Sheet 2 of 2. Also, "140'h Ave SE" should be replaced by Field Ave NE, "Southeast 122"`' Street" should be replaced by NE 61h PL, and "SE 124th St" should be replaced by NE 61h St. Note all easements, covenants and agreements of record on the submittal (as noted in the Chicago Title Insurance Company title reports, Order No. 001179476 (dated September 21, 2007) and Order No. 001240975 (dated July 5, 2007). What is the current status of the Road Maintenance Agreement document (Rec. No. 8711131412)? If applicable to this lot line adjustment, show it on the drawing. Those properties to the east, south and west of the subject parcels should be identified per their plat name and lot numbers, or noted as UNPLATTED. The property owners' names and tax parcel numbers are not needed. 1H:1Re Sys1LND - Lnnd Subdivision & Surveying Records\LND-30 - Lot line AdjustmentA03371RV071 l 14.doc November 15, 2007 Page 2 At the time of recording, all vested owner(s) of the two properties subject to this lot line adjustment, need to sign the final lot line adjustment submittal. Include notary blocks as needed. Note that if there are easements, restrictive covenants or agreements to others (City of- Renton, etc.) as part of this lot line adjustment, they can be recorded concurrently with said lot line adjustment submittal. The lot line adjustment submittal and the associated document(s) are to be given to the Project Manager as a package. The recording number(s) for the associated document(s) are to be referenced on the lot line adjustment submittal. Provide spaces for the recording numbers thereof. Fee Review Comments: Lots within or affected by the lot line adjustment are subject to the city's special charges, if any. FhFile Sys1LND - Land Subdivision & Surveying Records\LND-30 - Lot Line Adjustments\03371RV0711 14.docicor City of .,enton Department of Planning / Building / Public Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: COMMENTS DUE: OCTOBER 24, 2007 APPLICATION NO: LUA07-114, LLA DATE CIRCULATED: OCTOBER 10, 2007 APPLICANT: Marc Rousso, Ja Marc Holdings, LLC PROJECT MANAGER: Rocale Timmons PROJECT TITLE: Johnson/J&M Land Development LLA PLAN REVIEW: Ka ren Kittrick RECEIVED - SITE AREA: 278,072 square feet BUILDING AREA (gross): NIA LOCATION: 4915 NE 7c6 St 0 2007 WORK ORDER NO: 77821 "C SUMMARY OF PROPOSAL: The applicant is proposing to adjust the lot lines between two lots in the R- � ant proposes to reconfigure the lots so that internal roads for the pending plats are more efficiently designed. A to a q ft located in two rectangular sections will be assigned from Lot B to Lot A. The lot sixes would be: Lot A 179,750 sq ft and Lot B 98,322 sq ft. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Environment Probable Minor Impacts Probable Major Impacts More Information Necessary Earth Air Water Plants Land/Shorefine Use Animals Environmental Health Energy/ Natural Resources B. POLICY -RELATED COMMENTS C. CODE -RELATED COMMENTS Element of the Environment Probable Minor Impacts Probable Major Impacts More Information Necessary Housing Aesthetics Light/Glare Recreation Utilities Transportation Public Services Historic/Cultural Preservation Airport Environment 10,000 Feet 14.000 Feet We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needed to properly assess this proposal. Signature of Director or Authorized Representative Date City of kanton Department of Planning / Building / Public . ,orks ENVIRONMENTAL & DEVELOPME,NT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: COMMENTS DUE: OCTOBER 24, 2007 APPLICATION NO: LUA07-114, LLA DATE CIRCULATED: OCTOBER 10, 200 . APPLICANT: Marc Rousso, Ja Marc Holdings, LLC PROJECT MANAGER: Rocale Timmortl E C E I V E D PROJECT TITLE: Johnson/J&M land Development LLA PLAN REVIEW: Ka ren Kittrick SITE AREA: 278,072 square feet BUILDING AREA (gross): N/A LOCATION: 4915 NE 7th St G D1VlSi0N I WORK ORDER NO: 77821 SUMMARY OF PROPOSAL: The applicant is proposing to adjust the lot lines between two lots in the R-8 zone. The applicant proposes to reconfigure the lots so that internal roads for the pending plats are more efficiently designed. A total of 10,615 sq ft located in two rectangular sections will be assigned from Lot B to Lot A. The lot sizes would be: Lot A 179,750 sq ft and Lot B 98,322 sq ft. A, ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Environment Probable Minor Impacts Probable Major impacts More Information Necessary Earth Air Water Plants Land/Shoreline Use Animals Environmental Health Energy/ Natural Resources B. POLICY -RELATED COMMENTS Now C, CODE-RELA TED COMMENTS Element of the Environment Probable Minor Impacts Probable Major Impacts More information Necessary Housin Aesthetics Li ht/Glare Recreation utilities Trans artation Public Services Historic/Cultural Preservation Airport Environment 10.000 Feet 14, 000 Feet We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needed to properly assess this proposal. tt pp, !U Sig at of Director or Authorized Representative Date City of ton Department of Planning / Building / Pub ENVIRONMENTAL & DEVELOPMENT APPLICA /orks TION REVIEW SHEET REVIEWING DEPARTMENT: q'J (r— COMMENTS DUE: OCTOBER 24, 2007 APPLICATION NO: LUA07-114, LLA DATE CIRCULATED: OCTOBER 10, 2007 APPLICANT: Marc Rousso, Ja Marc Holdings, LLC PROJECT MANAGER: Rocale Timmons PROJECT TITLE: Johnson/J&M Land Development LLA PLAN REVIEW: Ka ren Kittrick SITE AREA: 278,072 square feet BUILDING AREA (gross): N/A LOCATION: 4915 NE 7" St � WORK ORDER NO: 77821 _ SUMMARY OF PROPOSAL: The applicant is proposing to adjust the lot lines between two lots in the R-8 zone. The applicant proposes to reconfigure the lots so that internal roads for the pending plats are more efficiently designed. A total of 10,615 sq ft located in two rectangular sections will be assigned from Lot B to Lot A. The lot sizes would be: Lot A 179,750 sq ft and Lot B 98,322 sq ft. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Environment Probable Minor Impacts Probable Major Impacts More Information Necessary Earth Air Water Plants LandlShoreffne Use Animals Environmental Health Energy/ Natural Resources B. POLICY -RELATED COMMENTS C. CODE -RELATED COMMENTS Element of the Environment Probable Minor Impacts Probable Major Impacts More Information Necessary Housing Aesthetics Li htlGtare Recreation Utilities Transportation Public Services Historic/Cultural Preservation Airport Environment 10,000 Feet 14,000 Feet We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or "as where additional information is needed to properly assess this proposal. nature of Director or Authorized Representative Date C I T""T OF R ENTO N , ^,JKathy Kcotker, Mayor October 10, 2007 Matt Cyr ESM Consulting Engineers 33915 First Way S #200 Federal Way, WA 98003 Planning/Building/PublicWorks Department Gregg Zimmerman P.E., Administrator Subject: Johnson/J&M Land Development Lot Line Adjustment LUA07-114, LLA Dear Mr. Cyr: The Development Planning Section of the City of Renton has determined that the subject application is complete according to submittal requirements and, therefore, is accepted for review. You will be notified if any additional information is required to continue processing your application. Please contact me at (425) 430-7299 if you have any questions. Sincerely, g""ep"'J t Ro ale Timmons Associate Planner cc: AM Land Development, Kenneth Johnson / Owner Marc Rousso / Applicant 1055 South Grady Way - Renton, Washington 98057 eThis paper contains 50%recycled matenal,30%post consumer RENTON A"F:,AD 0F T1-1 E CURVE City of Renton U VCITY0 �p�N�1N LAND USE PERMIT ocr °IV ° MASTER APPL1CAT10W-j6c16'vED PROPERTY OWNER(S) NAME: J&M Land Development, Inc ADDRESS: PO Box 2566 CITY: Renton ZIP:98056 TELEPHONE NUMBER: 425-226-9100 APPLICANT (if other than owner) NAME: Marc Rousso COMPANY (if applicable): JayMarc Holdings, LLC ADDRESS, PO Box 2566 CITY: Renton ZIP:98056 TELEPHONE NUMBER CONTACT PERSON NAME: Matt Cyr COMPANY (if applicable): ESM Consulting Engineers ADDRESS: 33915 1 st Way S. Ste #200 CITY: Federal Way ZIP:98003 TELEPHONE NUMBER AND E-MAIL ADDRESS: 253-838- 6113 matt.cyr@esmcivil.com PROJECT INFORMATION PROJECT OR DEVELOPMENT NAME: JohnsonlJ&M Land Development Inc. Lot Line Adjustment PROJECT/ADDRESS(S)/LOCATION AND ZIP CODE: 49XX NE 6« Street, Renton, WA 98059 (J&M Land Development, Inc.) and 4915 NE 7" St, Renton WA 98059 (Kenneth Johnson) KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): 102305-9208 (AM Land Development Inc.), 102305-9394 (Kenneth Johnson) EXISTING LAND USE(S): Vacant land PROPOSED LAND USE(S): Single family residential EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: Residential Single Family PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applicable): Residential Single Family EXISTING ZONING: R-8 PROPOSED ZONING (if applicable): R-8 SITE AREA (in square feet): 98,322 SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE DEDICATED: 24,965 SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: None PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET ACRE (if applicable): 7.72 units/acre NUMBER OF PROPOSED LOTS (if applicable): 13 NUMBER OF NEW DWELLING UNITS (if applicable): 13 Q:weblpwhleeservl&onnslpkin ninglmasterapp.doe 1 09/28/07 OJECT INFOR NUMBER OF EXISTING DWELLING UNITS (if applicable): 0 (J&M Land Development, Inc.), 1 (Kenneth Johnson) SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (if applicable): NIA SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (if applicable): NIA SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL BUILDINGS (if applicable): N/A SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): NIA NET FLOOR AREA OF NON-RESIDENTIAL BUILDINGS (if applicable).NIA NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (if applicable): N/A ;MAT ION (cor, jued PROJECT VALUE: IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (if applicable): ❑ AQUIFER PROTECTION AREA ONE ❑ AQUIFER PROTECTION AREA TWO C! FLOOD HAZARD AREA sq. ft. ❑ GEOLOGIC HAZARD sq. ft. ❑ HABITAT CONSERVATION sq. ft. ❑ SHORELINE STREAMS AND LAKES sq. ft, o WETLANDS sq. ft. LEGAL DESCRIPTION OF PROPERTY Attach legal description on se arate sheet with the following information included SITUATE IN THE SE QUARTER OF SECTION 10 , TOWNSHIP 23 , RANGE 5 , IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. TYPE OF APPLICATION & FEES List all land use applications being applied for: 1. Lot Line Adjustment 3. 2. a. Staff will calculate applicable fees and postage: $ AFFIDAVIT OF OWNERSHIP I, (Print Name/s) ! f 1 a 1�C �O fi�.� 5 U declare that I am (please check one) _ the current owner of the property involved in this application or _L--� the authorized representative to act for a corporation (please attach proof of authorization) and that the foregoing statements and answers herein contained and the information herewith are in all respects true and correct to the best of my knowle and belief. I certify that I know or have satisfactory evidence that _ A air✓ 0u 5'i 0 _ signed this instrument and acknowledged it to be his/her/their free and voluntary act for the u s and purposes mentioned in the instrument. (Signature of Owner/Representative) R A; IF, „C u �a�4 (SignatureC% resen ji , JOI Eloot QrON Q:%vehlpw/devserv/forms/planning/mnsterapp.doc L L, Nota blic in and fKlthe State of Las4gton Notary( (Print) -TLIK 0- /v. My appointment expires:._ 3 ) rt 1411 08/29/07 LEGAL DISCRIPTION LOT 2, KING COUNTY SHORT PLAT NUMBER 477114, RECORDED UNDER RECORDING NUMBER 7804120882, IN KING COUNTY, WASHINGTON. Q:%vehlpu'IdevservlForm slpkinning/magterapp.doc 3 OR129/07 City of Renton LAND USE PERMIT MASTER APPLICATION PROPERTY OWNERS), NAME: Kenneth Johnson ADDRESS: 4916 NE 7th St. CITY: Renton ZIP: 98059 TELEPHONE NUMBER: APPLICANT (if other than owner) NAME: Marc Rousso COMPANY (if applicable): JayMarC Holdings, LLC. 'ADDRESS: PO BOX 2566 CITY: Renton ZIP: 98056 TELEPHONE NUMBER 425-226-9100 CONTACT PERSON NAME: Matt Cyr COMPANY (if applicable): ESM Consulting Engineers ADDRESS: 33915 1" Way S., Ste # 200 CITY: Federal Way ZIP: 98003 TELEPHONE NUMBER AND E-MAIL ADDRESS: 253-838-6113 matt.cyr@esmcivil.com PROJECT INFORMATION PROJECT OR DEVELOPMENT NAME: Johnson/J&M Land Development Inc. Lot Line Adjustment PROJECTIADDRESS(S)/LOCATION AND ZIP CODE: 49XX NE 6M Street, Renton, WA 98059 (J&M Land Development, Inc.) and 4915 NE 7"' St, Renton WA 98059 (Kenneth Johnson) KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): 102305-9208 (J&M Land Development Inc.), 102305-9394 (Kenneth Johnson) EXISTING LAND USE(S): Residential Single Family PROPOSED LAND USE(S): Residential Single Family EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: Residential Single Family PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applicable): Residential Single Family EXISTING ZONING: R-8 PROPOSED ZONING (if applicable): R-8 SITE AREA (in square feet): 179,750 SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE DEDICATED: 37,716 SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: None PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET ACRE (if applicable): 7.97 dulac NUMBER OF PROPOSED LOTS (it applicable): 26 Q:web/pwldevservlrornislpIanning/maslerapp,doc 1 08/28/07 OJECT INFORMA NUMBER OF NEW DWELLING UNITS (if applicable): 26 NUMBER OF EXISTING DWELLING UNITS (if applicable): 1 (Kenneth Johnson), 0 (J&M Land Development, Inc.) SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (if applicable): NIA . SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (if applicable): NIA SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL BUILDINGS (if applicable): NIA SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): NIA NET FLOOR AREA OF NON-RESIDENTIAL BUILDINGS (if applicable): NIA NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (if applicable): NIA TION (cor sued PROJECT VALUE: NIA IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (if applicable): ❑ AQUIFER PROTECTION AREA ONE ❑ AQUIFER PROTECTION AREA TWO ❑ FLOOD HAZARD AREA sq. ft. ❑ GEOLOGIC HAZARD sq, ft. ❑ HABITAT CONSERVATION sq. ft. ❑ SHORELINE STREAMS AND LAKES sq. ft. ❑ WETLANDS sq. ft. I LEGAL DESCRIPTION OF PROPERTY (Attach legal description on separate sheet with the following information included) SITUATE IN THE SW QUARTER OF SECTION 32, TOWNSHIP 23 N, RANGE 5 E, IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. TYPE "OF APPLICATION & FEES I List'all land use applications being applied for: 1. Boundary Line Adjustment 2. Staff will calculate applicable fees and postage: $ 3. 4. I AFFIDAVIT OF OWNERSHIP I I, (Print Namels) let' t &l �k_,, E. _70' IY7 S rrv— , declare that I am (please check one) ✓ the current owner of the property involved in this application or the authorized representative to act for a corporation (please attach proof of authorization) and that the foregoing statements and answers herein contained and the information herewith are in all respects true and correct to the best of my knowledge and belief. I certify that i know or have satisfactory evidence that /etiAV` E- JOSS — signed this Instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. (Signature o(OwnerlRepresentative) i _p �aMhlflifl � // P r� � Notary blic in and fo he State o )Vhington ffi f q, . .. (Signature o�fRe�eserliv j / (a,`,0� �� Notary (Print)l�L 6LZ! a lc vU Lv My appointment expires: ,3/ /17/v4 ` Q;%reblpw/devserv/farms/plarniingltttasterapp.doe 2 08/28/07 LEGAL DESCRIPTION THE WEST HALF OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10. TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; TOGETHER WITH AN EASEMENT FOR ROAD AND UTILITY PURPOSES OVER AND ACROSS THE SOUTH 30 FEET AND THE WEST 30 FEET OF THE EAST HALF OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 10; EXCEPT ANY PORTION OF SAID EASEMENT LYING WITHIN COUNTY ROAD. SITUATE IN KING COUNTY, WASHINGTON Q%veb/p%v/devserv/forms/planning/masferapp.doc 3 08/28/07 DEVELOPMENT PLANS NG CITY OF RENTON SM September 25, 2007 Ms. Andrea Petzel City of Renton Development Services Division 1055 S. Grady Way Renton, WA 98057 RE: Johnson/J&M Land Development, Inc Lot Llne Adjustment King County Parcels: 102305-9394 and -9208 Dear Ms. Petzel: OCT - 12007 RECEIVED ® 10 1 QF Job No.1241-019-007 With this letter and accompanying information, ESM Consulting Engineers is submitting a Lot Line Adjustment (LLA) application between the Kenneth Johnson property (Parcel A, 102305-9394) and the J & M Land Development, Inc. parcel (Parcel B, 102305-9208), for your review and approval. The purpose of this LLA is to increase the lot size of the Johnson property so that the proposed subdivisions on each parcel can be better integrated and internal roads more efficiently designed. Honeybrook Circle Division II (LUA07-085) is a recently submitted 26 lot preliminary plat submitted on Parcel A 0 02305- 9394), and Honeybrook Circle (LUA06-143) is a recently approved 14-lot preliminary plat on Parcel B (102305-9208). Please note that this LLA will eliminate a lot on the Honeybrook Circle plat, which will be addressed during final engineering review. The proposed LLA would assign two rectangular sections, totaling approximately 10,615 square feet, located on the northern lot line of Parcel B (102305-9208), to Parcel A (102305-9394). The advantage to processing the LLA at this time is that NE 7`h Street, as proposed in the Honeybrook Circle preliminary plat, would not be necessary and the subdivisions could be reconfigured so that a single drainage facility could be sized to serve both subdivisions. Revised density worksheets are being submitted with this application for each subdivision with areas that reflect the proposed Lot Line Adjustment to aid in the review of this application. The total site area of the proposed LLA is 6,384 acres and is located on the west side of Hoquiam Ave NE, between NE 6t` St and NE 81h St. Parcel B contains out buildings but is vacant, and Parcel A currently contains a single-family residence with a large portion of the property remaining undeveloped. Both parcels are located within the City of Renton, and both have a zoning designation of R-8, Single -Family Residential. There are no critical areas on the site. None of the structures on either property will be affected by the LLA; however, all structures will be removed as part of the resulting subdivisions. A revised copy of the preliminary plat map and conceptual road, drainage, and utility design sheets 33915 1st Way South Tel 12531 838 6113 Bothell (425) 415 6144 Civil Engineering Land Planning Suite 200 Fax 12531 830 7104 www.esrncivi(.com Project Management Public Works Federal Way. WA 98003 Toll Free (800) 345 5694 Land Surveying Landscape Architecture Ms. Andrea Petzel September 25, 2007 Page 2 for both subdivisions are being submitted with this application and show how the two subdivisions will be integrated through this Lot Line Adjustment With the letter, we are submitting the following information, as outlined in the Lot Line Adjustment application submittal checklist: • Land Use Permit Master Application Form (Original + 4 copies) • Waiver Form (5 copies) • Project Narrative (5 copies) • Density Worksheet (5 copies) • Neighborhood Detail Map (12 copies) Lot Line Adjustment Plan (5 copies) • Wetland Assessment (5 copies) • Topography Map (5 copies) • Utility Plan, Generalized (5 copies) Drainage Control Plan (5 copies) • Calculations (3 copies) Fee ($450) We understand that the enclosed information is sufficient to determine this Lot Line Adjustment application to be complete for processing. If you need further information, or wish to discuss this project in detail, please contact me immediately; otherwise, we look forward to receiving a Notice of Complete Application within 28 days. Sincerely, ESM CONSULTING ENGINEERS, LLC. MATT CYR Project Planner Enclosures k1esm84engAesm-jobs112411019400 Wocumenbletter-001 Am ESM ppppp" DEVELOPMENT SERVICES DlVISIG. WAIVER OF SUBMITTAL REQUIREMENTS FOR LAND USE APPLICATIONS This requirement may be Waived by: JJ 1 1. Property Services Section PROJECT NAME: 2. Public Works Plan Review Section j 3. Building Section DATE: 4. DevelopmePt Planning Section DEVELOPMENT PLANNING CITY OF RENTON OCT - 12007 RECEIVED 0:1WEB\PMOEVSERVlForrns\Planninolwaiver.xfs 0712WOOS P. 7 tl�,PtTT- of DEVELOPMENT SERVICES DIVISI06 WAIVER OF SUBMITTAL REQUIREMENTS. 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F K # r�:�;Y Sr$ ''2r> '� < oy i. , o f.c. n n f.,Rr.:..rryrc s}r ' •i,2 ' k 'q ' !d - y'F. .., :. :n ..n k r ��Sw S .'iR ?x., sY t '}� k } $ F'..- ._ v•`F s'%`•�{i; vY4:i:�^�5.: .%iCif Y Y .. _,�.k Y ISr�l�s'lin;l�l1`rrr7ia:�rinmv�l,ftnHnr.,.�;..a,4,}ah�'<s'<..�:.�....,'.:.,•r�'.,:..:..::3:.};: .a. r c., x.:.�ti. ,. .:.:: r..•.. �� .-Y..x'.��� ' i}. K`. :.>s3.,.x �s-...e..d,.r#::'r>Fs��; •u3, S - This requirement may be waived by: r JJ j r 1. Property Services Section PROJECT NAME: L e �I��' ! � ��y15c''11 PP 2.. Public Works Plan Review Section 3. Building Section DATE: 1.2 1 r' 10 5 4. Development Planning Section 0:1WEBIPW\DEVSERV1FormslPlanninglwaiver.xls 07129/2DOS Johnson/J&M Land Development, Inc. Lot Line Adjustment PROJECT NARRATIVE The proposed Johnson/J&M Land Development, Inc. Lot Line Adjustment is an application for a Lot Line Adjustment between King County Parcels 102305-9394 and 102305-9208. The total site area is 6.384 acres and is located on the west side of Hoquiam Ave. NE, between NE 6th Street and NE 8th Street The site addresses are 4915 NE 71h Street and 49XX NE 61h Street This project will require Lot Line Adjustment approval from the City of Renton. The purpose of the Lot Line Adjustment is to apportion the necessary site area for each preliminary plat being processed separately from this application. The site is zoned R-8, residential, and there are no critical areas on site. Currently the Johnson property contains a single family residence and the J&M Land Development, Inc. property is vacant The proposed use of each parcel will be a residential subdivision, consistent with the surrounding development Applications for preliminary plats have already been submitted to the City of Renton on each parcel. On the J&M Land Development, Inc. parcel, a 13-lot subdivision (Honeybrook Circle), has already received preliminary approval and is currently under review for final engineering. The preliminary plat application for the Johnson parcel, a 26-lot subdivision, (Honeybrook Circle Division II), was submitted to the City on August 6, 2007. The proposed lots will range in size from the minimum of 4,500 SF to a maximum of 7,500 SF and will result in a combined density of 7.89 units per acre. Currently there are no code modifications requested with this Lot lane Adjustment DEVELOPMENT PLANNING CITY OF RENTON OCT - 12007 RECEIVED 4 4 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 DEVELOPMENT PLANNING CITY OF PENTON OCT - 12007 Friday, September 21, 2007 12 : 43: 00 PM RE __ �1VED NEW PROJECT PROJECT: G:\2907\290.pro ---------------------------------------------------------------------------------- CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: OVERALL Point Number Description Sta Northing Easting Elevation Bearing Distance --------------------------------------------------------------------------------- 209 nw cor sw 1/ 0+00.00 19976.42602 7971.19371 S89019'19"E 631.90 ' 1006 6+31.90 19968.94810 6603.04946 S00047156"E 30.01 ' 1001 6+61.91 19938,94102 8603.46788 N89019119"W 130.04 ' 1002 7+91.95 19940.47991 8473.43699 S00047'56"E 299.40 ' 1003 10+91.35 19641.10902 8477.61146 N8901912811W 170.80 ' 214 ne cor sw 1/ 12+62.15 19643.12282 8306,62333 S00049101"E 329.42 ' 215 se cor sw 1/ 15+91.57 19313.73630 8311.52016 N89°19136"W 330.74 ' 204 nw car sw 1/ 19+22.32 19317.62303 7980.80300 N0005010611W 658.88 ' 209 nw cor sw 1/ 25+81.20 19976.43306 7971.20116 --------------------------------------------------------------------------------- Closing latitude = 0,00704 Closing departure = 0.00745 Closing bearing = S4603612211W Closing distance = 0.01025 Total traverse length = 2581.19 (2561.20) Total error of closure = 1/251816 Error of closure in latitude = 1/366540 Error of closure in departure = 1/346544 Area = 278072.287 SQ FT Area = 6.3637 ACRES / Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Friday, September 21, 2007 12:43:00 PM NEW PROJECT PROJECT: G:\2907\2907.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: OLD PARCEL A Point Number Description Sta Northing Easting Elevation Bearing -----------------------------------------_---------------------------------------- Distance 209 nw cor sw 1/ 0+00.00 19976.42602 7971.19371 589019'19"E 631.90 ' 1006 6+31.90 19968.94810 8603.04946 S0004715611E 30.01 ' 1001 6+61.91 19938.94102 8603.46788 N89019'19"W 130.04 ' 1002 7+91.95 19940.47991 8473.43699 S00047'56"E 299.40 ' 1003 10+91.35 19641.10902 8477.61146 N89019128"W 501.65 ' 212 nw cor sw 1/ 15+93.00 19647.02367 7975.99633 N00050106"W 329.44 ' 209 nw cor sw 1/ 19+22.44 19976.42868 7971.19540 ----------------------------------------------------------------------------------- Closing latitude = 0.00266 Closing departure = 0.00170 Closing bearing = S32030'00"W Closing distance = 0.00316 Total traverse length = 1922.44 (1922.44) Total error of closure = 1/608517 Error of closure in latitude = 1/721512 Error of closure in departure = 1/1132550 Area = 169134.782 SQ FT Area = 3.8628 ACRES Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Friday, September 21, 2007 12:43:00 PM NEW PROJECT PROJECT: G:\2907\2907.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: OLD PARCEL B Point Number Description Sta Northing Easting Elevation Bearing -------------------------------------------------------------------------------- Distance 212 nw cor sw 1/ 0+00.00 19647.02168 7975.99476 S8901912811E 330.85 ' 214 ne cor sw 1/ 3+30.85 19643.12083 8306.82176 S00049'01"E 329.42 ' 215 se cor sw 1/ 6+60.27 19313.73432 8311.51859 N89019136"W 330.74 ' 204 nw cor sw 1/ 9+91.02 19317.62104 7980.80143 N00050106"W 329.44 ' 212 nw cor sw 1/ 13+20.46 19647.02606 7976.00051 ----------------------------------------------------------------------------------- Closing latitude = 0.00436 Closing departure = 0.00575 Closing bearing = S5204311811W Closing distance = 0.00723 Total traverse length = 1320.45 (1320,46) Total error of closure = 1/182698 Error of closure in latitude = 1/301639 Error of closure in departure = 1/229606 Area = 208937.505 SQ FT Area = 2.5009 ACRES �$ Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Friday, September 21, 2007 12:43:00 PM NEW PROJECT PROJECT: G:\2907\2907.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: NEW PARCEL A Point Number Description Sta Northing Easting Elevation Bearing ----------------------------------_---------------------------------------------- Distance 209 nw cor sw 1/ 0+00.00 19976.42602 7971.19371 S89019119"E 631.90 ' 1006 6+31.90 19968.94810 8603.04946 S0004715611E 30.01 ' 1001 6+61.91 19938.94102 8603.46788 N69019'19"W 130.04 ' 1002 7+91.95 19940.47991 8473.43699 S00047156"E 299.40 ' 1003 10+91.35 19641.10902 8477.61146 N8901912811W 197.83 ' 20038 12+89.19 19643.44151 8279.79521 0.00 S00049101"E 52.38 ' 20037 13+41.57 19591.06683 8280.54204 0.00 N89019128"W 171.78 ' 20036 15+13.34 19593.09219 8108.77398 0.00 N00050106"W 52.38 ' 20034 15+65.72 19645.46663 8108.01065 N8901911511W 42.01 ' 20035 16+07.74 19645.96459 8066.00360 S00050'06"E 18.01 ' 20105 16+25.75 19627.95650 8066.26606 N89019128"W 90.00 ' 20104 17+15.75 19629.01764 7976.27231 N0005010611W 347.45 ' 209 nw cor sw 1/ 20+63.20 19976.43074 7971.20893 --------------------------------------------------------------------------------- Closing latitude = 0.00472 Closing departure = 0.01522 Closing bearing = S72046117"W Closing distance = 0.01594 Total traverse length = 2063.19 (2063.20) Total error of closure = 1/129459 Error of closure in latitude = 1/437086 Error of closure in departure = 1/135540 Area = 179750.305 SQ FT Area = 4.1265 ACRES Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Friday, September 21, 2007 12:43:00 PM NEW PROJECT PROJECT: G:\2907\2907.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: NEW PARCEL B Point Number Description Sta Northing Easting Elevation Bearing Distance -------------------------------------------------------------------------------- 20104 0+00.00 19629.01483 7976.25720 589019128"E 90.00 ' 20105 0+90.00 19627.95369 8066.25095 N0005010611W 18.01 ' 20035 1+08.01 19645.96178 8065.98849 S89019115"E 42.01 ' 20034 1+50.03 19645.46382 8107.99554 S0005010611E 52.38 ' 20036 2+02.41 19593.08938 8108.75887 0.00 S8901912811E 171.78 ' 20037 3+74.18 19591,06403 6280.52693 0.00 N00049'01"W 52.38 ' 20038 4+26.56 19643.43870 8279.78010 0.00 S89019128"E 27.04 ' 214 ne cor sw l/ 4+53.60 19643.11989 8306.81822 S00049101"E 329.42 ' 215 se cor sw 1/ 7+83.02 19313.73337 8311.51506 N89019'36"W 330.74 ' 204 nw cor sw 1/ 11+13.77 19317.62010 7980.79789 N00050106"W 311.43 ' 20104 14+25.20 19629.01703 7976.25943 -----------------------------------_----------------------------------------------- Closing latitude = 0.00220 Closing departure = 0.00223 Closing bearing = S4501710211W Closing distance = 0.00313 Total traverse length = 1425.19 (1425.20) Total error of closure = 1/455011 Error of closure in latitude = 1/646695 Error of closure in departure = 1/640318 Area = 98321.982 SQ FT Area = 2.2572 ACRES r _ CHAD ARRAUR, LLC 6500 126t" Avenue S.E. Bellevue, Washington 98006.3941 (425) 641-9743 (425) 643-3499 (fax) Chad@chadarmour.com July 18, 2007 L)EVELOPMENT Job Number 07-033 CITY OF REPP MMING Ms. Kris LaBrie OCT -12007 JayMarc Development P. O. Box 2566 RkCIE-1VCD Renton, Washington 98056 Subject: Johnson Critical Areas Reconnaissance Report Parcel 102305-9394 Renton, Washington Dear Ms. LaBrie: We are pleased to present the results of our critical areas reconnaissance for the above - referenced property (site) located in Renton, Washington. The work was accomplished in accordance with your verbal request. The purpose of the work is to assess the potential for wetlands or streams to be present on and near the site. SUMMARY OF FINDINGS There are no wetlands or streams present on the site. BACKGROUND INFORMATION We understand that you are considering purchasing this site. The site is composed of one parcel located at 4915 NE 7"' Street (Attachment A—iMap). This 4.01-acre site is the location of a single-family home, an out building, forest, and lawn. The King County iMap indicates that no wetlands or streams are present on or near the site. A wetland is mapped about 600 feet east of the site. An unclassified stream is mapped about 600 feet southwest of the same. There is one soil type mapped on the site; Alderwood gravelly sandy loam. Alderwood soils are moderately well drained and have a weakly to strongly consolidated hardpan at a depth of 24 to 36 inches. They formed in glacial deposits on flat to steep slopes. In a representative profile, the surface layer is very dark brown (10YR 2/2) to dark brown (10YR 4/3) gravelly sandy loam. The B horizon is grayish brown (2.5Y 5/2) gravelly sandy loam: Alderwood gravelly sandy loam is not a listed .hydric soil. EXISTING CONDITIONS We visited the site on July 18, 2007 to check for the presence of wetlands and streams on and adjacent to the site. Most of the site is dominated by forest. Typically the overstory layer supports Douglas -- fir (Pseudotsuga menziesil), big -leaf maple (Acer macrophyllum), western red cedar (Thuja plicata), and red alder (Alnus rubra) trees. We observed a group of three black cottonwood (Populus balsamifera) trees among the other trees. The understory C:/J&M/Johnson/Wetland Reconnaissance. doe 1 07/18/07 Chad Armour, LLC Wetland Reconnaissanc,- Renton, Washington JayMarc Development vegetation supports a variety of shrubs and sword fem (Polystichum munitum). Other shrub species typically present include Indian plum (Oemleria cerasiformis), common snowberry (Symphoricarpos albus), hazelnut (Corylus comuta), salmonberry (Rebus spectabilis), Himalayan blackberry (Rebus discolor), and trailing blackberry (Rebus ursinus). We assessed the area adjacent to the black cottonwood trees. This area is dominated by mature black cottonwood and big -leaf maple trees in the overstory layer and sword fern in the herbaceous layer. Several other shrub plant species are also present in this area. These plant species are rooted in 5 inches of very dark brown (10YR 2/2) gravelly sandy loam over more than 13 inches of dark brown (10YR 3/3) gravelly sandy loam (Attachment B — Plot ID SP-1). CONCLUSIONS There are no wetlands or streams present on or within 300 feet of the Johnson site. LIMITATIONS Work for this project was performed, and this letter report prepared, in accordance with generally accepted professional practices for the nature and conditions of the work completed in the same or similar localities, at the time the work was performed. It is intended for the exclusive use of JayMarc Development and their assigns for specific application to the referenced property. This report is not meant to represent a legal opinion. No other warranty, express or implied, is made. It should be noted that Chad Armour relied on information provided by others indicated previously. Chad Armour can only relay this information and cannot be responsible for its accuracy or completeness. Also note that delineating critical areas and assessing functions and values are inexact sciences. Biological professionals may disagree on the precise location of critical area boundaries, their functions, and classification. The final determination of these characteristics is the responsibility of the permitting authority. Accordingly, the critical area assessment and delineation performed for this study, as well as the conclusions drawn in this report, should be reviewed by the appropriate permitting authority prior to committing to detailed planning and design activities. CI M1Johnson/Wetland Reconnaissance. doc 2 07/18/07 Chad Armour, LLC Wetland Reconnaissance JayMarc Development • r Renton, Washington Any questions regarding our work and this report, the presentation of the information, and the interpretation of the data are welcome and should be referred to the undersigned. Sincerely, Chad Armour, LLC C44 AV%4^&U-,L- Chad Armour Principal Attachment A -- Map Attachment B — Data Forms C:IJ&M/JohnsonMetland Reconnaissance. doc 3 07/18/07 Chad Armour, LLC ATTACHMENT A iMap i"� � T� � ,.ntt L r •�' r -.�. ;.0 {;�p,.t�`� �; �} �� ��,Y� � �}iu }x!i�'--ray- S"i ,v �y���. 'w. >'-? ' j � i tri r�`'"!ks, 3#}.. rah 'ty'' "� '•�' ji MIN r 'of :t SF� •..;�: '.1 _ ��;' :Eii`��•�q 7p ��'�p�` .'iaa 1 7,. 1+ N,�? Y.f �; g .4 .• �yt ,7 .", G, p �¢ ww�•wf +. yy�{,�gi,. „y X"d' t x #� ,ia y++„ 'i ! x::aal rs ,, { :.o. '9i7d . Lfy,L.,1'1 �7}J7 :_:: ' A :A: Y',l i ,r r vF•r ?�:" �h ; ' ` , •� 5- 'iii� I t �pn yyyry;' ��Ir t l�i�M v'f,f4.fZ ., ht�jtitv�* `,k'yARCKiE 1r,.. .p� „' '��., � ar•R9i�"'itJL� '..Y 5.. p,.. �ti Ali e�2nA•�r„�'•,'�h"�.�'k^."'; r. 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WWI=yi���j� .i� r•.� $ i� 1 +_ ;�Kify�';�Sa2brl y4ts':i... l •.a; �i ". k �Yt 'to• °.i+� o ' a+ ��t```7--, `• A. *^ .•1!i"� _ .+i, 'L iw.. 'W-M IfW�'.._J` flAt 10 l,rs�.a �' i�a +:� ! � t`'` � � ��4''$'�'��ssYr, �� m� m,�,' yap " S•C 4" � �a �C,'' �`.i.i�'����,, i�j SU4R�pl..•�p� r,,wmt; �.:' .., r, �ti � ��� t, A r '�.."�'"'�' 2' a'Ci++'•�-.w p.i..•.:r-.,•n,�.w.rwrak',r., f. 't�-Is'3�� w _ ,,p�1R��. y� ; n•. a iv 'T: 24.I f'L?'i� 4d [,�� t8r f Z may.. v du i , "try x � 9&re �; 7. • d"4+= r ���� - A '41., �A.o,t 4 i3 � �r`a�+.t �s,, t •.T'� .��. y �,+ £i,Qi�7�.Zi.'�`'•��,ti��'•'�: b'i 1�• J,p7L1',.14 i'4,J�.$$$��: �•.',+_ ill, Kok 'i''`�? ItJ�'• ,1 ..;'d /'�.. �t !J •� ,•:9Ut7.[,1*,1��'�1h �P�i � �i •,1. �� ��. +•" Smart � �1 ,r 'w�•^;�j �:' r� .,.. E 0 ,�, � �r� �"!�� t�r t', I gk ' . y+�,_.� 'Hr .tls��� E, ., "Z"9s'!b% � k�.' • i �l.li�-}°� (." �tf,�i�(l�i''i�` M 1�1�cEs�i:Ygceunef°� wltjKt. rt �,_ �7 aft dig' �4 i...,r r�i a: •fix; R: �. .I � , off•. �.� ",; �f� �;�. t� ,t ''�•�k;g�� L ATTACHMENT B Data Forms ' DATA FORM 1'(Revised) Routine Wetland Determinatio• • . (WA State Wetland Delineation Man►...t or 1987 Corps Wetland Delineation Manual) Project/Si[e: ti`;�LhSti•, LG cr� tea. J �y ��a �3 �� Date: 7/J��ra�f Applicant/owner: �.� 141'e.Z S_.c sc ic'� _ y County: } 64ft"_':,11 State: w -Investi ator(s): s1 L L e— S/T/R. ' Do Normal Circumstances exist on the site? yes no Community ID: Is the site significantly disturbed (atypical situation)? C:�hs) Transact ID: Is the area a potential Problem Area? yes Plot ID: 10 1 Explanation of atypical or problem area: VEGETATION (For strata, indicate T = tree; S = shrub; H = herb; V = vine) Dominant Plant Species Stratum % cover Indicator Dominant Plant Species Stratum % cover Indicator QF714r+ f .rfr� e� G e •ram 5 �- ;�p� ' e. 1.� ` �-j-r' Lam_,+ t` •• !� / xy lam. ��'rh:... [ r � it yy�A. % , 1G.�+{• [r,/ 4 •� l�,l.. �il.,e; �iSty-]7 � r• '-� I �� F44 ld the ,. HYDROPHYTIC VEGETATION INDICATORS: % of dominants OBL, FACW, & PAC Check ail indicators that apply & explain below: �3 G iq o Visual observation of plant species growing in Physiologicallreproductive adaptations areas of prolonged inundation/saturation Wetland plant database Morphological adaptations Personal knowledge of regional plant communities Technical Literature Other (ex lain Hydrophytic vegetation present? ves o Rationale for decision/Remarks: ` HYDROLOGY Is it the growing season? y� no Water Marks: yes o Sediment Deposits: yes no on Based on: soil temp (record temp Drift Lines: yes no 1 Drainage Patterns: yes no other (explain) •? Dept. of inundation: inches Oxidized Root (live roots Local Soil Survey: y no Channels <12 in. yes fi FAC Neutral: yes no Water -stained Leaves y no 1 Depth to free water in pit: 211 inches Depth to saturated soil: 2L2_1 inches Check all that apply & explain below: f Other (explain): Stream, Lake or gage data: Aerial hoto a hs: Other: Wetland hydrology present? yes no ' Rationale for decision/Remarks: �� SQTLS -Map Unit Name l e'ruaoe.,f 4, ,eF a "1,44 ka� 'l (Series & Phase) Taxonomv (subgroup} JF11 rt Profile Description Drainagt .lass Vae, Field observations confirm Yes No mapped type? Depth Horizon Matrix color Mottle colors Mottle abundance. Texture, concretions, Drawing of soil (inches) (Mansell (Munsell size & contrast structure, etc. profile moist) moist) (match description) 4 4r,a4i� Hydric Soil Indicators: (check all that apply) ��pa� e Histosol Matrix chroma _< 2 with mottles Histic Epipedon Mg or Fe Concretions Sulfidic Odor High Organic Content in Surface Layer of Sandy Soils Aquic Moisture Regime Organic Streaking in Sandy Soils Reducing Conditions Listed on National/Local Hydric Soils List Gleyed or Low-Chroma (=1) matrix Other (explain in remarks Hydric soils present? yes Rationale for decision/Remarks: no j I Wetland Determination (circle) Hydrophytic vegetation present? yes C "v Hydric soils present? yes o Is the sampling point yes no Wetland hydrology resent? yes o within a wetland? Rationale/Remarks: NOTES: ;.+, Revised 4/97 CHAD ARMOUR, LLC 650012613AvenueS.B. Bellevue, Washington 98006-3941 (425) 641-9743 (425) 643-3499 (fax) Chad@chadarmour.com August 14, 2006 Job Number 06-047 Mr. Marc Rousso J & M Land Development P. O. Box 2566 Renton, Washington 98056 Subject: Lefler Critical Areas Reconnaissance Report Parcel 102305-9208 Renton, Washington Dear Mr. Rousso: DEVELOPMENTP Cr ry OF NENTOA1 OCT ` 1 2007 Wave We are pleased to present the results of our critical areas reconnaissance for the above - referenced property (site) located in Renton, Washington. The work was accomplished in accordance with your verbal request. The purpose of the work is to assess the potential for wetlands or streams to be present on and near the site. SUMMARY OF FINDINGS There are no wetlands or streams present on the site. BACKGROUND INFORMATION We understand that you are considering purchasing this site. The site is composed of one parcel located at 14110 SE 124"` Street (Attachment A -- Sketch Map). This 2.5 acre site is the location of a forest and barn. A horse once roamed the site. The King County !Map indicates that no wetlands or streams are present on or near the site. An unclassified stream is mapped about 325 feet southwest of the site. A Class 2 wetland is mapped about 650 feet south of the same. There is one soil type mapped on the site; Alderwood gravelly sandy loam. Alderwood soils are moderately well drained and have a weakly to strongly consolidated hardpan at a depth of 24 to 36 inches, They formed in glacial deposits on flat to steep slopes. In a representative profile, the surface layer is very dark brown (10YR 212) to dark brown (10YR 413) gravelly sandy loam. The B horizon is grayish brown (2.5Y 512) gravelly sandy loam. Alderwood gravelly sandy loam is not a listed hydric soil. EXISTING CONDITIONS We visited the site on August 11, 2006 to check for the presence of wetlands and streams on and adjacent to the site. Most of the site is dominated by mature Douglas -fir (Pseudofsuga menziesh) and big - leaf maple (Acer macrophyllum) trees. The understory vegetation is somewhat sparse do to the horse having access to the entire site. There were some Indian plum (Oemleria cerasiformis) and red elderberry (Sambucus racemosa) shrubs present at one Ca,18M/Lefler/Wetland Reconnalssance.doc 1 08/14/06 Chad Armour, LLC N At Wetland Reconnaissance J&M Land Development King County, Washington sampling location (Attachment B — Plot ID SP-1). Here sword fern (Polystichum munitum) and trailing blackberry (Rubus ursinus) are the understory dominants. These and other plant species are rooted in 21 inches of dark brown (10YR 313) gravelly sandy loam. We also assessed a low spot adjacent to the barn. This area is dominated by mature black cottonwood (Populus balsamifera) trees In the overstory layer. Growing beneath the cottonwood canopy the dominants include Himalayan blackberry (Rubus discolor) and Indian plum. Also commonly present are stinging nettle (Urtica dioica) and broad- leaved dock (Rumex obtusifolius). These plant species are rooted in 7 inches of very dark brown (10YR 212) gravelly sandy loam over more than 8 Inches of dark brown (10YR 313) gravelly sandy loam. The plat adjacent to the south was in the process of being cleared at the time of our site reconnaissance. All of the trees had been felled and bucked and most of the shrubs removed. The clump of on -site black cottonwood abuts this cleared area. We found no obvious topographic features that would suggest that the area dominated by the cottonwood trees was wetter than the rest of the surrounding area. CONCLUSIONS There are no wetlands or streams present on or within 300 feet of the Lefler site. LIMITATIONS Work for this project was performed, and this letter report prepared, in accordance with generally accepted professional practices for the nature and conditions of the work completed in the same or similar localities, at the time the work was performed. It is intended for the exclusive use of J & M Land Development and their assigns for specific application to the referenced property. This report is not meant to represent a legal opinion. No other warranty, express or implied, is made. It should be noted that Chad Armour relied on information provided by others indicated previously. Chad Armour can only relay this information and cannot be responsible for its accuracy or completeness. Also note that delineating critical areas and assessing functions and values are inexact sciences. Biological professionals may disagree on the precise location of critical area boundaries, their functions, and classification. The final determination of these characteristics is the responsibility of the permitting authority. Accordingly, the critical area assessment and delineation performed for this study, as well as the conclusions drawn in this report, should be reviewed by the appropriate permitting authority prior to committing to detailed planning and design activities. L:(J&M/Leriertweuana Reconnaissance.doc 2 08/14/06 Chad Armour, LLC i Welland Reconnaisa,.,oce J$M Land Development King County, Washington Any questions regarding our work and this report, the presentation of the information, and the interpretation of the data are welcome and should be referred to the undersigned. Sincerely, Chad Armour, L 614 Chad Armour Principal Attachment A — Sketch Map Attachment B — Data Forms CIJNYI-eflerlWelland Reconnaissance,doc 3 08/14/06 Chad Armour, LLC ATTACHMENT Sketch Map JW o � p - I v t),p - 2- 5e4j,, ATTACHMENT B Data Forms 1 DATA FORM 1 {Revised} Routine Wetiand nelermination («'A Slate Welland Delineation Manual or 1987 Corps Wetland Delineation h4anual) Projcct/Si[c: �Pi l - '+ Date: Applicant/uw ricr: N� L a�Jt � er � t,p �*, �" County: invest i gator(s : .tip ���oer+r 1.1 �-- 1 State: }. SrTIR: Do Normal Circumstances exist on the site? es no Community ID: Is the site significantly disturbed (atypical situation)? yes , AP Trttnsert ID: Is the ttrea a potential Problem Area? yes [ Plot ID: � P Ex lanation of atyRical or problem area: EGETATION (For strata, indicate 'T = tree; S = shrub; H = herb; V = vine) Dominant Plant S ccies Stratum % cover Indicator Dominant Plant S ecies Stratum rk cover I HYD OPHYTIC VEGETATION INDICATORS: % of dominants ORL, FACW, & FAC Check all indicators that apply & explain below: A Dry qt Visual observation of plant species growwing in areas of prolonged inundalioNsalurail on Morphological adaptations Tech hical .Literature Hydrophytie v6getatlon present? yes rw Rationale for decition/Reawks: H'�,'DROLOGY - Is it the growing season? yeg no Based on: it temp (record temp. other (ex lain Dcpt. of inundation: —winches Dcpth to fret: water in pit: —7A inches Dc2th to,saturated soil: ZL inches Check all that apply & explain below: Stream, Lake or gage data. ,serial photographs: i Welland! hydrology present? yes Rationale; ftirdei:is►on/Remarks: Physiological/reproductive adaptations Welland plant database Personal knowledge of regional plant communities Other (explain) oe-e-ai Marc. 'Sl„e'.6s Water Marks. yes C Sediment Deposits: yeas on Drift Lines: yes no) Drainage Patterns: rert Oxidized Root'(Iive roots) Local Soil! Sunvy: ye na) Channels.<12 in. yes FAC Neutral: yes nT— Willer -stained Leaves yc Other (explain): .fry r , 1< LTaxnonomy s nit Namc 1 ��Qc Ynv 11 ,� k•� % ' Drainage Class s & Phase) l=ield observations confirm Yesi No (sub rou fit. r>+J,r mapped h qe? �,, 11 Profile Description Depth Horizon (inches) Matrix color Mottle colors (Niunscll (Munsell I moist) moist) Hydric Soil indicators: (check all that apply) Histosol Histic Epipedon Sulfidic Odor Aquic Moisture Regime Reducing Conditions Gleyed or Low-Chroma (=1) matrix Hydric sons present? ves Rationale for decision/Remarks: (19 Wetland Determination (circle) Mottle abundance Texture, concretions, size & coal I structure, etc. r-032 Drawing of soil profile match description) DI/ Matrix chroma S 2 with mottles Mg or Fe Concretions High Oruanic Content in Surfacer Layer or Sandy Soils Orgttttic Streaking in Sandy Soils Listcd on NatidnaMocal Hydric Soils List Other ex lain in remarks Hydrophytic vegetation present? yes n Hydric soils present? yes Is the sampling point Wetland hydrology present? yes within a wetland? Rationale/Remarks: NOTES: I l "1 D ►r5 ►' ,e .,-Hy �,j d r <.50 A %� ' S /ge3 .""e, I yeas ( Revised 4/97 DATA FORM 1 (Revised) Routine Wetland Determination (IYA State %Velland Delineation 1-lanual or 1987 Corps Wetland Delineation Manual) 1 t rO�CCVJIIC: 1 J Date: rlpplicantJowner: County-: 1/<,,.q State: .,1_i 4 Do Normal Circumstances exist on the site? no Com. ntunity ID: Is the site signif tinily disturbed (atypical situation)? yea no Transact ID: Is the area a potential problem Area? yes Plot ID: Explanation ofaty2ical ter roblorn area'. VEGEI`ATiCiN (FDr strata, lndieate T = tr+.;,;; S = shrub, H = herb: V vine) Dontinanl`Plant Species Stratum % cover Indicator Dominant Plant Species Stratum % cover Indicator -^�' G 6FA `mil " i v.�.�' • M ' �iFS ''1 J 1 1 /�' �.�� �y i � �,',c.� U.S A 0<0 ) } ,1 leoA ef -0 - :4j H'YDROPH111C VEGETATION INDICATORS: %, of dominants OBL, FACW, & FAC �3 3 Check all indicators that apply & explain below: M r KOL� Visual observation of plant species growing in Physiological/reproductive adaptations areas of prolonged inundation/saturation Wetland plant database Morphological adaptations Personal knowledge of rrgional plant communities Technical Literature Other (explain) Hydrophylle vegetation present? yes na Rationale for decisiorvRernarks: DYDROLOGT Is pit the growing season? S no Water Marks: yes OPSediment Deposits: yes to on Based on: soil temp (record temp ) Drift Lines: yes Flo Drainage Patterns: yes na other (ex lain Dept. of inundation, &MInches Oxidized Root (live root Local Soil Survey: yc4 (flua Depth to free water in pit: 6i-nGhcS Channels <12 in, es no FAC Neutral: yes no Water -stained Leaves yes n Depth to saturated sail; r <nches Check all that apply &,explain below: Other (explain);��a�tFt Stream; ]Lake or gage data. - Aerial hoto ra he: Other: Welland hydrology present? Yes C do Rationale fordecisiOWRcmarks: bUILS Map Unit Name (Series & Phase) Taxonomy (subgroup) "",D I -4f-5 Profile Description 1, Drainage Class 2140A Well — lar•�. Field observations confirm �Ces No mapped type'? Depth (inches) Horizon Matrix color (A-luns ll moist) Mottle colors (Munsell moist) Mottle abundance size & contrast Texture, Concretions, structure, etc, Drawing of roil profile (match description) Hydrk Soil ' Indicators: (check all that apply) n h e�, - Histosol Matrix chroma 5 2 with mottles Nistic Epipedon Mg or Fe Concretions — Sultidic Odor High Organic Conterit in Surface Layer of Sandy Soils Aquic Moisture Regime Organic Sttcal:in:irl Sandy Soils Reducing Conditions Listed on National/1_.ocal 4ydric Soils List Gleyed or Low-Chroma (=� matrix Other (ex lain in remarks Hydricsaits present? yes no W e. :j Rationale for drecision/Remarks: 1 _ 1? 1 1" �-� 1 �. �-- 4•� � � �� r � �. i'i wt ^ ,! � �'a�',r� i�t d /s C_, � A �.4rr7:! ✓I �,e � ,� G� �5 �'1 '� H � .-J !.� � .� Wetland Determination (circle) Hydrophytic vegetation present? yes o Hydric soils present? yes CM Is the sampling point yes ' W_ed.and hydrology present? yes � a within a wetland ? Radon ale/Rem arks: NOTES: �C t' E' ►tip et,_ �1 rJ'`.f't / �� .st „ u reset L�r"�-� rrt .�. t.t d r�r «et .� ++ Revised 4197 a Honeybrook Circle DENSITY WORKSHEET City of Renton Development Services Division 1055 South Grady Way -Renton, WA 98055 Phone: 425-430-7200 Fax: 425-430-7231 1. Gross area of property: 1. 98,322 square feet 2. Deductions: Certain areas are excluded from density calculations. These include: Public streets** Private access easements* Critical Areas* Total excluded area: 3. Subtract line 2 from line 1 for net area: 4. Divide line 3 by 43,560 for net acreage: 5. Number of dwelling units or lots planned: 24,965 square feet square feet square feet 2. 24,965 square feet 3. 73,357 square feet 4. 1.684 acres 5. 13 units/lots 6. Divide line 5 by line 4 for net density: 6. 7.72 = dwelling units/acre *Critical Areas are defined as "Areas determined by the City to be not suitable for development and which are subject to the City's Critical Areas Regulations including very high landslide areas, protected slopes, wetlands or floodways." Critical areas buffers are not deductedlexcluded. ** Alleys (public or private) do not have to be excluded. 11Esm61engr1ESM-JOBSV 241101910061document%evised Lefler Mnsity.doc I Last update k 1 Honeybrook Circle Division II DENSITY WORKSHEET City of Renton Development Services Division 1055 South Grady Way -Renton, WA 98055 Phone: 425-430-7200 Fax: 425-430-7231 1. Gross area of property: 1. 779,750 square feet 2. Deductions: Certain areas are excluded from density calculations. These include: Public streets** Private access easements** Critical Areas* Total excluded area: 3. Subtract line 2 from line 1 for net area: 4. Divide line 3 by 43,560 for net acreage: 5. Number of dwelling units or lots planned: 37,716 square feet square feet square feet 2. 37,716 square feet 3. 142,034 square feet 4. 3.261 acres 5. 26 units/lots 6. Divide line 5 by line 4 for net density: 6. 7.97 - dwelling units/acre *Critical Areas are defined as "Areas determined by the City to be not suitable for development and which are subject to the City's Critical Areas Regulations including very high landslide areas, protected slopes, wetlands or floodways." Critical areas buffers are not deducted/excluded. ** Alleys (public or private) do not have to be excluded. IIEsmSlengrlESM-JOBSI124110141006�document\Revised Johnson Density.doc I Last update i CHICAGO TITLL INSURANCE COMPANY 701 FIFTH AVENUE, #3400, SEATTLE, WA 98104 PHONE: {206)6 8-5673 ORDER NO: YOUR NO: UNITNO: LOAN NO: SUPPLEMENTAL COMMITMENT #2 001240975 DEVELOPMENT PLANNING 10 CITY OF RENTON 0 R D E R R E F E R E N C E I N P 0 R M A T I 0 N SUPPLEMENTAL NUMBER: 2 SELLER: KENNETH JOHNSON PURCHASER/BORROWER: JAYMARC HOLDINGS, L.L.C. PROPERTY ADDRESS: WASHINGTON OCT - 12007 RECEIVED Our Title Commitment dated 07/05/07 at 8:00 A.M. is supplemented as follows: u PARAGRAPH NUMBER(S) 8 HAS (HAVE) BEEN AMENDED AS FOLLOWS: AD 1. 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 TAR YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES): YEAR: 2007 TAX ACCOUNT NUMBER: 102305-9394-01 LEVY CODE: 4342 ASSESSED VALUE -LAND: $ 427,000.00 ASSESSED VALUE -IMPROVEMENTS: $ 156,000.00 GENERAL & SPECIAL TAXES: BILLED: $ 6,757.81 PAID: $ 3,429-12 UNPAID: $ 3,328.69 M THERE HAS BEEN NO CHANGE IN THIS COMMITMENT SINCE JULY 5, 2007, EXCEPT AS SHOWN HEREIN ABOVE AND ON SUPPLEMENTAL(S) 1. AD SEPTEMBER 21, 2007 AUTHORIZED BY: MIKE HARRIS SEE NEXT PAGE SUPPC0M2/=+/0M CHICAGO TITLE INSURANCE COMPANY Order No.: 1240975 Your No.: J0=90N To JAMO.nc 80TD=0e, L.L.C. Unit No.: 10 SUPPLEMENTAL COMMITMENT (Continued) as NOTE: THE FOLLOWING PARTIES HAVE BEEN SENT A COPY OF THIS SUPPLEMENTAL COMMITMENT: CTI/RENA SAUNIER RENA SAUNIER 3/2 JAYMARC DEVELOPMENT (RENTON) KRIS LABRIE 1/1 ESM CONSULTING ENGINEERS MATT CYR 1/1 0 v x r CHICAGO TITLE INSURANCE COMPANY 701 FIFTH AVENUE, #M, SEAME, WA 98104 ORDER NO: YOUR NO: UNIT NO: LOAN NO: ICY�1»��lu•1�►r�nr[K•����Mrr►���l►r� PHONE: (206)628-5623 FAX: (20 628-5657 001240975 10 O R D E R R E F E R E N C H I N F 0 R X A T I 0 N SUPPLEMENTAL NUMBER: 1 SELLER: KENNETH JOHNSON PURCHASER/BORROWER: JAYMARC HOLDINGS, L.L.C. PROPERTY ADDRESS: WASHINGTON Our Title Commitment dated 07/05/07 at 8:00 A.M. is supplemented as follows: THERE HAS BEEN NO CHANGE IN THIS COMMITMENT SINCE JULY 5, 2007. JULY 26, 2007 AUTHORIZED BY: MIKE HARRIS r NOTE: THE FOLLOWING PARTIES HAVE BEEN SENT A COPY OF THIS SUPPLEMENTAL COMMITMENT: CTI/RENA SAUNTER RENA SAUNIER 3/2 JAYMARC DEVELOPMENT (RENTON) KRIS LABRIE 1/1 ESM CONSULTING ENGINEERS MATT CYR 1/1 BAROKAS, MARTIN AND TOMLINSON TARRY L. BAROKAS 1/1 SATTERBERG HEALY LAW FIRM ,TAMES M. EECKHOUDT 1/1 CENTRE POINTE SURVEYING STEVE WOODS 1/1 JAEGER ENGINEERING JIM JAEGER 1/1 SUMU)0M/RAAjM9 CHICAGO TITLE INSURANCE COMPANY 701 F]FTTI AVENUE, #3400, SF—ATTI E, WA 99104 A.L.TA COMMITMENT SCHEDULE A Order No.: 1240975 Title Unit: U-10 Customer Number: JOHNSON TO JAYMP.RC HOLDINGS, L . L . C . Phone: (206)628-5623 Buyer(s): JAYMARC HOLDINGS, L . L . C . Fax (206)628-5657 Officer: HARRIS/EISENBREY Commitment Effective Date: TULY 5, 2007 at 8:00 A.M.. 1. Policy or Policies to be issued: ALTA Owner's Policy Amount: $3 , 0 00 , 000.00 1992 STANDARD Premium: $3,270.00 30% DISCOUNT/RESIDENTIAL RESALE Tax: $ 291.03 RATE AND lot DISCOUNT/COMBINATION Proposed Insured: JAYMARC HOLDINGS, L.L.C., A WASHINGTON LIMITED LIABILITY COMPANY Policy or Policies to be issued: ALTA loan Policy Amount: $0.00 Premium: Tax: Proposed Insured: Policy or Policies to be issued: ALTA Loan Policy Amount: $ o . o o Premium: Tax: Proposed Insured: 2 . The estate or interest in the land which is covered by this Commitment is: FEE SIMPLE 3 . Title to the estate or interest in the land is at the effective date hereof vested in: KENNETH E. JOHNSON, AS HIS SEPARATE ESTATE 4. The land referred to in this Commitment is described as follows: SEE ATTACHED LEGAL DESCRIPTION EXHIBIT COMMAWS/mcp I 1 W CHICAGO TITLE INSURANCE COMPANY A.L.TA. COMMITMENT SCHEDULE A (Continued) Order No : 1240975 Your No.: LEGAL DESCRIPTION EXHIBIT (Paragraph 4 of Schedule A continuation) LOT 2, KING COUNTY SHORT PLAT NUMBER 477114, RECORDED UNDER RECORDING NUMBER 7804120882, IN ICING COUNTY, WASHINGTON_ CL.TACMA6/RDA/DM CHICAGO TI'1Z.E INSURANCE COMPANY A.L.TA. COMMITMENT SCHEDULE B Order No.: 1240975 Your No.: 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 Rights or claims of parties in possession, or claiming possession, not shown by the Public Records. B. 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. C. Easements, prescriptive rights, rights -of -way, liens or encumbrances, or claims thereof, not shown by the Public Records. D. Any lien, or right to alien, for contributions to employee benefit funds, ar for state workers' compensation, or for services, labor, or material heretofore or hereafter furnished, all as imposed by law, and not shown by the Public Records. E. Taxes or special assessments which are not yet payable or which are not shown as existing liens by the Public Records. F. Any lien for service, installation, connection, maintenance, tap, capacity, or construction or similar charges for sewer, water, electricity, natural gas or other utiiities, or for garbage collection and disposal not shown by the Public Records_ G_ Unpatented mining claims, and all rights relating thereto; reservations and exceptions in United States Patents or in Acts authorizing the issuance thereof; Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes. H. Water rights, claims or title to water. I. 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. SPECIAL EXCEPTIONS FOLLOW WL7ACOMB 64 05/17/07 CHICAGO TITLE INSURANCE COMPANY A.L.T.A. COMMITMENT SCHEDULE B (Continued) Order No.: 001240575 Your No SPECIAL EXCEPTIONS A 1. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: e c n a GRANTEE: SNOQUALMIE FALLS & WHITE RIVER POWER COMPANY PURPOSE: ERECT, CONSTRUCT AND MAINTAIN A POLE LINE OR LINES, AND OPERATE AN ELECTRIC LINE AREA AFFECTED: AS CONSTRUCTED RECORDED: JULY 31, 1905 RECORDING NUMBER: 347794 2_ EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NUMBER: PUGET SOUND POWER & LIGHT COMPANY ELECTRIC TRANSMISSION AND/OR DISTRIBUTION LINE, TOGETHER WITH NECESSARY APPURTENANCES A PORTION OF SAID PREMISES AS LOCATED MARCH 29, 1938 2990202 3. COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS, NOTES, DEDICATIONS AND SETBACKS, IF ANY, SET FORTH IN OR DELINEATED ON THE SHORT PLAT RECORDED UNDER RECORDING NUMBER 7804120882. 4. CITY OF RENTON ORDINANCE NUMBER 4612, AND THE TERMS AND CONDITIONS THEREOF: RECORDED: JUNE 21, 1996 RECORDING NUMBER: 9606210966 REGARDING: SANITARY SEWER SERVICE AND AMOUNT OF CHARGE UPON CONNECTION TO THE FACILITIES. 5. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: AND: CITY OF RENTON GLENN WHARTON CLTACMBf j=A/0M Y CHICAGO TITLE INSURANCE COMPANY A.L.TA. COMIUIITIvMNT SCHEDULE B (Continued) Order No.: 1240975 Your No.: SPECIAL EXCEPTIONS RECORDED: AUGUST 16, 2005 RECORDING NUMBER: 20050816000319 REGARDING: WASTEWATER SYSTEMS AND LATECOMER COSTS THEREOF 6. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON PROPERTY HEREIN DESCRIBED AS GRANTED IN DEED: GRANTEE: RECORDED: RECORDING NUMBER: KING COUNTY JUNE 1, 1943 3312962 7. PAYMENT OF THE REAL ESTATE EXCISE TAX, IF REQUIRED. THE PROPERTY DESCRIBED HEREIN IS SITUATED WITHIN THE BOUNDARIES OF LOCAL TAXING AUTHORITY OF UNINCORPORATED KING COUNTY. PRESENT RATE IS 1.78:. ANY CONVEYANCE DOCUMENT MUST BE ACCOMPANIED BY THE OFFICIAL WASHINGTON STATE EXCISE TAX AFFIDAVIT. THE APPLICABLE EXCISE TAX MUST BE PAID AND THE AFFIDAVIT APPROVED AT THE TIME OF THE RECORDING OF THE CONVEYANCE DOCUMENTS. If 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: TAX ACCOUNT NUMBER: LEVY CODE: ASSESSED VALUE -LAND: ASSESSED VALUE -IMPROVEMENTS: GENERAL & SPECIAL TAXES; 2007 102305-9394-01 4342 $ 427,000.00 $ 156,000.00 BILLED: $ 6,858.24 PAID: $ 3,429.12 UNPAID: $ 3,429,12 CLTACMB2/RDn/0M s J CHICAGO TITLE INSURANCE COMPANY A.L.T.A. COMMITMENT SCHEDULE B (Continued) Qrder No.: 1240975 Your No.: SPECIAL EXCEPTIONS 9. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: KENNETH E. JOHNSON, AS HIS SEPARATE ESTATE TRUSTEE: WASHINGTON TITLE COMPANY BENEFICIARY: BOEING EMPLOYEES' CREDIT UNION AMOUNT: $ 275,000.00 DATED: DECEMBER 1, 2D02 RECORDED: DECEMBER 6, 2002 RECORDING NUMBER: 20021206000845 LOAN NUMBER: NOT DISCLOSED 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. 10. NUMEROUS MATTERS AGAINST PERSONS/ENTITIES WITH NAMES SIMILAR TO KENNETH E. JOHNSON, THE EFFECT OF WHICH DEPENDS UPON IDENTITY WITH SAID PERSONS/ENTITIES. PLEASE HAVE THE CONFIDENTIAL INFORMATION STATEMENTS) ATTACHED TO THIS COMMITMENT COMPLETED AND RETURNED TO THIS OFFICE IN A TIMELY MANNER IN ORDER FOR THE COMPANY TO MARE A FINAL DETERMINATION AS TO THE EFFECT OF SAID MATTERS. it 11.. IN THE EVENT THAT THE PROPERTY DESCRIBED HEREIN IS OCCUPIED BY A MARRIED PERSON AND SPOUSE AS A HOMESTEAD, THE CONVEYANCE OR ENCUMBRANCE OF THE PROPERTY MUST BE EXECUTED AND ACKNOWLEDGED BY BOTH HUSBAND AND WIFE, PURSUANT TO RCW 6.13 WHICH NOW PROVIDES FOR AN AUTOMATIC HOMESTEAD ON SUCH PROPERTY. 0 12. TITLE IS TO VEST IN JAYMARC HOLDINGS, L.L.C., AND WILL THEN BE SUBJECT TO THE FOLLOWING MATTERS SHOWN AT PARAGRAPH(S) 13 AND 14. it 13- TERMS AND CONDITIONS OF THE LIMITED LIABILITY COMPANY AGREEMENT FOR JAYMARC HOLDINGS, L.L.C.. a NOTE: A COPY OF THE LIMITED LIABILITY COMPANY AGREEMENT, AND AMENDMENTS THERETO, IF ANY, MUST BE SUBMITTED.. CUACM82litDA jQM CHICAGO TITLE INSURANCE COMPANY A.L.TA. COMMITMENT SCHEDULE B (Continued) Order No.,: 1240575 Your No.: SPECIAL EXCEPTIONS s 14, ANY CONVEYANCE OR MORTGAGE BY JAYMARC HOLDINGS, L.L.C., MUST BE EXECUTED IN ACCORDANCE WITH THE LIMITED LIABILITY COMPANY AGREEMENT AND BY ALL THE MEMBERS, OR EVIDENCE MUST BE SUBMITTED THAT CERTAIN DESIGNATED MANAGERS/MEMBERS HAVE BEEN AUTHORIZED TO ACT FOR THE LIMITED LIABILITY COMPANY. L 15. THE LEGAL DESCRIPTION IN THIS COMMITMENT IS BASED ON INFORMATION PROVIDED WITH THE APPLICATION AND THE PUBLIC RECORDS AS DEFINED IN THE POLICY TO ISSUE. THE PARTIES TO THE FORTHCOMING TRANSACTION MUST NOTIFY THE TITLE INSURANCE COMPANY PRIOR TO CLOSING IF THE DESCRIPTION DOES NOT CONFORM TO THEIR EXPECTATIONS. x NOTE 2: EFFECTIVE JANUARY 1, 1997, DOCUMENT FORMAT AND CONTENT REQUIREMENTS HAVE BEEN IMPOSED BY WASHINGTON LAW. FAILURE TO COMPLY WITH THE FOLLOWING REQUIREMENTS MAY RESULT IN REJECTION OF THE DOCUMENT BY THE COUNTY RECORDER OR IMPOSITION OF A $50.00 SURCHARGE. FOR DETAILS OF THESE STATEWIDE REQUIREMENTS PLEASE VISIT THE KING COUNTY RECORDER'S OFFICE WEBSITB AT WWW.METROKC.GOV/RECELEC/RECORDS AND SELECT ONLINE FORMS AND DOCUMENT STANDARDS. THE FOLLOWING MAY BE USED AS AN ABBREVIATED LEGAL DESCRIPTION ON THE DOCUMENTS TO BE RECORDED TO COMPLY WITH THE REQUIREMENTS OF RCW 65,04. SAID ABBREVIATED LEGAL DESCRIPTION IS NOT A SUBSTITUTE FOR A COMPLETE LEGAL DESCRIPTION WHICH MUST ALSO APPEAR IN THE BODY OF THE DOCUMENT: LOT 2, RECORDED UNDER RECORDING NUMBER 7804120882. AS OF JULY 5, 2007, THE TAX ACCOUNT FOR SAID PREMISES IS 102305-9394-01. END OF SCHEDULE B CLTACMH2AMA/0M CHICAGO TITLE INSURANCE COMPANY 701 FIFIR AVENUE, #3400, SEATTLE, WA 98104 PHONE: (206)628-562-3 FAX: (206)628-5657 IMPORTANT: This is not a Survey" It is furnished as a convenience to locate the land indicated hereon with reference to streets and other land.. No liability is assumed by reason of reliance hereon. Northwest'/ of the Southeast % of Section 10-23-5 ��� L[ l.li 1417111•MI3 N �N � t ■ +lei E ��•' �j ! rrip f { mrl Y 0o YNI Y m NI x ,A IN" ! ■e E u ,N Ir tr 6�7�7 A �I1C C t •AQ .'' '�� �' Y ■ �N+S 04 ! 11 + ■ L aE 1711T. i7. x / 7 a 1 #am o® 7N1 ■ w a Ih4 Jl.e Jy+61{ { I �7 1 * ell - 4xN 1 11111 Jr It _ ml • La umn ffr. 141411 ■ ' LNN•11� ■ j 1 • � K}f0 NII� 1 llm fV 177ef1 fC 7■A\E7G■■7 , •MN —j 3 SUM Kt. ■ ■a■p7p70777 i Ix Y v7neo■ ■n i ' II 1N Z Aap JJ1� EXCLUSIONS (Cont'd.) Any claim, which arises out of the transaction vesting in the Insured the estate or interest Insured by this policy, by reason of the operation of federal bankruptcy, state Insolvency, or similar creditors' rights laws, that is based on: (1) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (il) the transaction creating the estate or interest Insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the Instrument of transfer; or (b) of such recordation to Impart notice to a purchaser for value or a judgment or lien creditor. ALTA LOAN POLICY FORM (10-17-92) 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 which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (lit) a separa- tion in ownership or a change In the dimensions or area of the land or any parcel of which the land is or was a part; or (lv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encum- brance resulting from a violation or alleged violation affecting the land has been recorded In the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Flights of eminent domain unless notice of the exercise thereof has been recorded In the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, lions, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the Insured olaimant; (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 (except to the extent that this policy Insures the priority of the lien of the Insured mortgage over any statutory lien for services, labor or material); or (a) resulting in loss or damage which would not have been sustained if the Insured claimant had paid value for the Insured mortgage. 4. Unenforceability of the lien of the Insured mortgage because of the Inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the Indebtedness, to comply with applicable doing business laws of the state In which the land Is situated. 5. Invalidity or unenforceability of the lien of the Insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services, labor or materials (or the claim or priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an Improvement or work related to the land which Is con- tracted for and commenced subsequent to Date of Policy and Is not financed In whole or In part by proceeds of the Indebtedness secured by the Insured mortgage which at Date of Policy the insured has advanced or Is obligated to advance. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee Insured by this policy, by reason of the operation of federal bankruptcy, state Insolvency, or similar creditors' rights laws, that is based on: (1) the transaction creating the Interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (il) the subordination of the Interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (III) the transaction creating the Interest of the Insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the Instrument of transfer; or (b) of such recordation to Impart notice to a purchaser for value or a judgment or lien creditor, v+�+Miewu�ka::R�Ca!+�'�l+.tr•�►+aY�+1tJl � ,. e. . QUITCLAIM DEED 04o'07i13 111000 E ltilluutury Farm] RECD F 3.00 TIIE I;RAN10HI I CASHSL ****3.00 of 14113i t. 122 St. Chy of Renton County III Khoo WasianllUm, Nor and In ranalderallan of love and affection, and to create community property onnvey.... and quil-rlulH1N lu Kenneth o. Johnson and Nancy L, Johnson ur 14035 S.S. 122 St. n the Cily IIf Rentonf:otlnly of King . Slnta rIf Washingtcn ull Interest In Ihu fulkitving drsrrihuel [teal Ealntm The North halfof the Southwest quarter of the Northwest quarter of the Southeast quarter of Section 10, Township 23 North, Rands j East, We Me. in Kind County, daehingtonl EXCEPT the Northerly 90 fast of the Southerly 170 feet of the Westerly 130 feet of the Easterly 160 feett ...Id SXCKPT thR, .,tt;;jl: I IIII nl•' Southarly 129.)B feat of the Northerly 159.3E feet of the Westerly 130, ll 3 44 PK V feet of the Easterly 160 feetl,and EXCEPT the Westerly 130 feat of A Easterly 160 feat of the Southerly Ba feet[ subject to an easement 11iIt3N Of for egress and ingress and utilities over, under and acmes KIN ,,,';II14iY the north 30 feet thereof. ��; r I r lCC t: '.� Ll"1 `[ I 1 1•'[ c 1.1 -7 � C' `i 1 -IDr1 F situated in the County of King Sluto or Washington. Dnted this day or . 1B— #D MISEN X UL 131984 7:37as Crnniorlaj STATE OF ,, .41NCTON. oy ee- [individual Acknowledgment) County of m ;r. }f! Nnln ubl c In and for the State sshinglon. do hereby certify that t�P day of �� , 1Bparoonally appeared befara me to me known to be t I Ividual_ described in and ho execuled the within Instrument and orknowladged that signed the Pismo am free and voluntary act and deed for the uses and purposes heroin mentioned. yy GIVFNUNDER MYHANDANDOFFICIAL SE;ALIhim `lleyof Notary Public in and fur The Slate of Washington. residing 0A=0 said County. i Hama i�0.t\ art Ise[ f::0 see/ total*"ru�l � � •t Well, on W.1 Plant G., Bell W, WA rum Na 131 1111 MATRAIM MAT NOT er UPR'Mcla IN WHOLE OR IN DART IN ANY MAU WHATlOPVLR I rri• =' R q WARRANTY FULFILLMEN1 {� ,�. ea ECD "PIED for Record at Re ere Mat ► � g. ,�. Filed for Record at Request of !♦dd co INaw. g�1LG tti.:j 1 NAME nded Escrows — ADDRESS I 153rA Ytreat vCD f` cop o CITYANDST E Sea ashingt n 9816 •0 0o CO Eff 5884 c7 o � f 4 N I -•r. ,'✓1�� . is rr.F . IAfICOTirt.l n+sunnt+ce COMPAMY of RVIn FOR RICQAPIRV use A ill'• ;,a1 t; MIS 1... t1r, Alt I (1 1 10 p`1 to h`y��it;u COJhTY1 �' o p .THE GRANTOR OQROTHY M. 5KfltR ! N I , e col deco SALES calf PAID OR COf[fRACT AFf. H0. � a, c KINd CO. RECORDS OMSIDII y ..;3 for and In conslderselon of FULF 1 CEMENT OF CONTRACT TIT DEMT In hand paid, eon rays end warrants to KENNETH E . JOHNSON , a singleman o c^ i� the following described tall oluto, situatri In the County of KING , State of ��- Washington: -"` The north half of the southwest quarter of the northwest quarter of the southeast quarter of Section 10, Township 23 North , Range 5 East, lty,euu� W, M., In King County, Washington; EXCEPT the southerly 170 feet of the westerly 130 feat of the easterly TAB yoR$ 160 feet; and EXCEPT the southerly 129.38 feet of the northerly 159.38 feet of the ern I$ westerly 130 feet of the easterly 160 feet. :rig, This dead Is given In fulfillment e1 that artaln real cute contract betwten the partial hue to, dated Ju 1 y 28, , 1B 27 ,and conditioned for the conveyance of the above deswtbed property, and the covenant$ of warranty heroln con• tslned shell not apply to any title, Interact or onpembrsnw arldng by, through or under the pureleser In told tnnlrm% Ind shall not apply 10 any taxes, artalsments or oohs► chow levied, -*-W or betoming due sub$apuant to she data of yTd contract- EXC15E Tex paldt_ EN 422228 Dater— August 2, 1U7 romp �d July 28 lB� Dorothy N. 5 b n ttndivldual) By •inita..• (individual) (president) By. (Souatory) f STATE OF WASHINGTON STATE OF WASHINGTON COUNTY OF se. COUNTY OF on If da pe rods ass a re bolero me ore hyii. S�Cer n to me known to be the Individual desulbad In and who oxecutodthe withiri forepslogInstrument, Ind acknowd- odged that .—.�-- signed the same as, -- free and voluntary set end dead, for the uses and purpoin therein meallonsd, r -ten,+, GIVEN bildet m roll d olticlsl tea! I __2 day 6C'L, ,1 B f TL-341 Ra 10178 On this day of - , 10_, bolero Me. the undersigned, a Notary Public In and for the State of Wuhingtpn, duly commissioned and sworn, personally appeared and tome known to be the Preoldonl Ind Secroury, fetpectIveiy, of the corporatlon that oxeautod the foregoing Instrument, and ocknowfadgod the sold Instrument to be the fill and volun' ury act end deed of laid corporation, lot the uses and put - poise therein mentioned, and on oath stated that euthorisod to execute the sold instrument anc ,hat the feel alAxad Is the corporate toll of said corporation. Wltnses my hind and oflleial cool horsto alllxed the doy and you first otww written. Notary Public In and for the Suit of Washlrpton, rerilif ng of rn t1.V 0 c WHEN RECORDED RETURN TO OE INA J4 -��hA� IlvL 3 — . 5 ww �-b S 4-- 610 1 2 2y I0t2�Tact)1 �g� A! 2 W1 K CQU TV, E1926380 O K 0Cp Y, Hee 0® PACs eel OF Gas QUIT CLAIM DEED r,•, THE GRANTOR, NANCY L JOHNSON, for and in consideration of the Agree Order Amending Decree of Dissolution, King County Superior Court Cause No 01-3-01233-2 KNT, conveys and quit claims to GRANTEE, KENNETH E JOHNSON�the following described real estate, situated in the County of King, State of Washington, together with all after acquired title of the Grantor therein The North half of the Southwest Quarter of the Northwest quarter of the Southeast quarter of Section 10, Township 23 North, Range 5 East, W M , in King County Washington, EXCEPT the Northerly 90 feet of the Southerly 170 feet of the Westerly 130 feet of the Easterly 160 feet, and EXCEPT the Southerly 129 38 feet of the Northerly 159 38 feet of the Westerly 130 feet of the Easterly 160 feet, and EXCEPT the Westerly 130 feet of the Easterly 160 feet of the Southerly 80 feet, subject to an easement for egress and ingress and utilities over, under And across the North 30 feet thereof Tax Parcel No 102305-9394-0I DATED November 22 2002 ICNO , 16 O I STATE OF W ASHINGTON ) ) ss COUNTY OF KING } ON THIS DAY personally appeared before me NANCY L JOHNSON, personally known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that she signed the same as her free and voluntary act and deed for the uses and purposes herein mentioned GIVEN UNDER MY O EAL `�� "day of October, 2002 ip X, " T1, Onted Name 3 •a f o V. NbTAftY PUBLIC in and r the i to �• �' `� &. ;bf Washington, residing at A it it{c-� s,3d d� � c �My appointment expires -2- ! r SHORT PLAT h0 Z17 7/1 --- S./0 T. Z3 R:y KINQ COUNTY, WASHIN13TON `tt 7hla Apace reserved !or JIPtiAt7hfAL i ra-ardar'e use Departa+rnt of pUnnlnq and Cotrmtunley Devalopmane suildlnp and Land Devalopatsat Divlalon N :7 ir4mined and approved th1• —;?(, day of •r , •a 2 'AA J e . Jsanaper, aulldinq & Land psve]apvtent Division a 0338 7V 030U033V u< Department of PubJit Works Craminod and Approved ehls day of 1 "r rJled for record at the 1' •r L.� ! I repuuas off Di rector �,E-fR.t�1NL �,, � • Nam Dapartrrns of Assasamenta J - crammed and sppyovlsd [his day of ' x F�� t of f-r•r / t �assess aaturn for Suilding a Land Development .'f r 8 I50 NC Administration Bldg ' 1 Seattle, Washington 09104 Deputy Assessor LEGAL pE6CRIP1<IQN 1VIAL ANRAt The North half of the 5authwast quArtor of the Northwest quarter of the Suction 10, Tnunnhip 2) North, Range 5 Uat, W.11., Southwnst quarter of in King County, Washington; EXCLPT the Northerly 90 feet of the Southerly EXCUT foftthe 270 feet of a129.3© the Southerlyand feetin� thetNortherly��159.38 rust Westerly 230 fast of the Eneterl. 160 feet, I L0'1 It The Westerly 130 feet of the Easterly I60 fceof of t,heot thehNorththalf Southwest quarter of the Northwest quarter of the Southeast quarter of North, Range 5 East, W-m- in King County, Washington. ' Section 10, Township 23 , LOT 21 The North half of the Southwest quarter of the Northwoet quarter of the in 23 N90tfentaofethe Southwest quarter of Flaotion EXCEPT+4TawNartnahiher1yBouthetr�ly,170 King County, Washington) feet of the Westerly l30 feat of the tae�arly 1fi0 feet) and PT the the 130 Southerly 129.38 font of the. Northnrly 1,9.36 feet of eEtnr Easterly 160 feat; and FXCEPT the wert•arly 130 feet or the rent of the Lartarly 163 fast of the Southerly 80 font; nuUjoct to nn P.arstttnanl r tasrt•sy ar1d 111groas and ul.111t,t,•ts ever. under and eerie,:: the north :N) *,,,It thurr-,er 9394, 909/(PoR) Page 7 of Map on File in Y/U11 ffriy/Err ct;chF.e [i.✓r src. ro, nuQ�fil! t CL G°CO i CV �II � � E W ___.! I uN6 of ul�I, ►, cry err �.vsrYa 4-.rec. ATP i I r J h t Short AI It Not 07111t Map on File In Vaull N Airuetlonr W St'dlerr �Od r'aq,: _2 or_4 I I I N 00 00 O N r- at' O 00 N COVENANTS, CONDITIONS, AND RESTRICTIONS RUNNING WITH THE LAND: Tracts) rW4- LOT , designated upon the pint as a kp private road and thoroug are, is described in the fling County Comprehen- sive plan as a "local access street or road" and in accordance with the standards therein, may be required for future County street, Toad, or thoroughfare. 1. The owner, his grantees and assigns, hereby agree to dedicate Tract(s)no th 0 teat of TAT 2to King County for right-of-way and stroe purposes, at such time as said Tract(s)no th set f LOT tie/are needed for those purpo$"s. Ilse convey ng Tract(s).nort 0 fse� of L0._.__ T_ ______ to King County shnll be execute by the owners grantees and assigns, and shall be deli- vered to King County upon demand. 2. The owner, his grantees and assigns, hereby agree(s) to participate in, and/or not oppose or protest, the formation of a County Road Improvement District (CRID) pursuant to RCW 36.88 or any Road Improvement project sanctioned by King County which is designed to improve Tract(a)rorth D fact of LOT land the immediate street system of svhi7, it is n part, Timing of the formation of said CRID or other road improvement project shall be determined by King County, The street improvement authorized by the CRID or other road improvement project shall call for the improvement of Tract (s�orth'oc�t orIL0T?and its immediate street system to of least the min mui m King County road standards applicable to the CRID or other road project in formed; provided that, in situations where there ix a multiple o,vnrrqhip of properties par- ticipating in the formation of the CRID, or other road improvement project, if a majority of the property owners want a higher standard, i.e., curbs, gutters, underground drainage, etc., that standard shall prevail. Short Plat Number 07M Puge _i- of 1 r lti:l..i•?,liAT } (IN: all man by thube pi'vhullta Thal ua, the unde<rrignud, uwner(s) in fern simpeo hand contract purchiLser(u)jui the lend herein described du hereby moke a short subdivision thereof pursuant. to nC11 56 17.060 and declare 1 this short plat to he this graphic reprosentation of same, and that uaid short subdivision tR made with the free consent and in accordance with r.h ! 1»ite r; .y;, otvnsrr-i} ! In uitnesss whd;eot we huvU Ket uur I1,i1ltl4 uncl tic-nls. F r , - F � KENifETH S JC9}StIN Nxrne PQF(J711Y }! SlL}3iBIHI T —T Co CO 1;Wne _ dame r Flame Nnme 00 i j STATE of WASHINGrON i J., County of Xing ' i f?n able day personalty appeared before meKenneth E Johnaon 6 Dorothy H 5)T_r ln1 Po'KV Aneain'td be the indavldual.edcocribed in and who execs the within and foregoing Instrurnnt,:isnd acknowladged that th�ygtynod Chu same their tree agd voluntary t act anJ dead, for the user and purpos'as therein mention GIVEN under my hand and affict= Seal this th day of JNne ,ire 7 . jNotary P..t%61ic n and for the State of Washington, { residing at ► enton STATE OF WASHINGTON,} t1 u. County o f • on thin day porsonally appeared before me to me k•wwn to be the individual described in and who executed the within and foregoing Instrument, and acknowledged that signed the area as free and voluntary act and dear), for the uses and purpoaea therain mantionad.. MEN under sy hand and official seal this day of 17� Notary Public in and for the State of Washingtrn, residing at Mel t :;'.qrL i'!nti �;urbvr G7111lt Pict:.i 1t of !r y . R � � y��f.Ypjf�••�Ilfi�.i �t i„r. J1 •� •!e/ WPM R; d`.�re�' }^.hy`i�jr.3i`M1�'Y -�Ili`>��:^:',Sli•l�1�=�4: ••`'• �•l�•. _ '. 1 •-,�' ' ' •a a: ` } �7�+Y'A y�:�;x,��•rr-; � •V s 1^i.":..'�{�� E,N,�O; , 4 Z1=.l r•1-a:r.'.; r i art`'' ev r.`?'C, 1 :4 ff rii' �i NP� 3r47, �i %� •��`•-•4:� r M.� }::�w: is:-.r.: -'. �i r.: f� _ a.-` ..!!:. i�• •S : cur .�.r �'• � ' ��'���la 'r �F 4:�. ��j�7r .'�,1; :.I Y�,,�7 ,.h�• �ylr�i� c�yru:� '! 'r:l • �'`'�•, Ir l� � ..� _ .t' 1 R ' {iL74' ' .1 • r�17 :• �M^.6,5 a� f._u. TF��cS'. •1: •11 � nk.r`I•". L•i i. dw • J 1 •'t i � ` •r. ••. i.• I:}Y A .moo . , •� . .• ' • 1• ••,• 1• ••' y 'p'.�, • `°� !� Kiy4L, K��j� q, •:�c;ir y,:;.ti:�i�,'p Ay,�.i.l �•Y ..':_: '. 1-'.Y-:: .'�,' �•• LY` i L6V/•r. '.4 'c'3x L'. f, SfF. {l'�a..I1 .� �i.:+ %i:•�. to Pun: found Power b. Liot 0ai9ony a aorp / Fg ar aia Zt--- are an aoAft7A1 --- eingl' ua -- GorLot sBea ITyaSnraovim 'the oantar la --- On* pole to tie Bret near a In of ad lot E and N ,t wrl 8 of po rood ;. og.thr with bt --- sm as ?orrn era pSf yraTdg for blaatinp and pgf grcrvdg for rv1 of mtg strioken o- -- 13ide4 Sato kow mar �-3ri by Ngder: Oto, a ba0h bat Edirard 1.7h ing np for.xw rss at s ns s4r a-39 MI BPI ►-• gemt gar 2 3a it V90301Mar -Love _1 Seattle-rpt Ra tional tional Bank, ftnly •riret National, Sa k of State and garner U,Aker and alatre Aker, fit to mat Sattad Poymr A TOM Oo, a mass carp ]r'p eq and o~ AtT4 --- ant ee 29831701 --- ainx.10 In --- The nanftoftho-,SQ9ftof the e4o: EA- eSee 38Tp 22ZW5 ewm being a do ft unnamed road in fr:1e plot (if Afcers Farm, unrme 2'Ae oanter In •--- til ft S and q1t lbe center In of sd road T;gthr with rt --- bnI form, ex pip" grordg ror blasting nrrl AO prov4q for ref of any artg stricken --- !iarvarf O, titer OIrl3re �►i�er , Seattle.-rirat S'ational Bank :ly A.R.,Traex V Prvy , 'N-0»d'h311ys, A Sash oorp sl kew I er 9-30 b)r FArPey, G,Akar and. OlSt rn Aker, hw bef Bdwnrd P.Thming np for ew ra►a rat x as foll 3-30 : kew A•ar '.0-33 Try A,R.Truax rind W.C.•1'hillipat, V Praa end A (10811 leb-1.4r) of the oorp (of) :rrf g.0.71urorfelt np for sw rear at a ins Sant Mar 89•-38 � � EQp484E •' � • _. �. -Mar 16-g8. &OTC AuAe 4,Merriok and Dip Varri.nk flailar, owners of tho fol dea�rop as t1-:ar1r O:eR 014 to Puget mound Power k bight Oempany, a +.eras o orp Yp op a:fd pxant -- am an MUM - - alugle In --- The 8 Ili ft of the sj of Wj of Eat of goo to Tp as nr D aqua being the U# of, a road iri dewrioits live Aera Tt! unreo 'the denter In --- 1 ft R and pit the 'S In oaf sd mr+d `t ToAtrr with rt --- bal form nX pat pro"S 'or blustir� raid ' proTdg for rat of an; wtg Rtrioken •-� + Ante 0. 4rri ok ftrlaa But Lrae Werriek Ani,ley Br i-annsl Terry, aif kew gar 16-498 br Wanuai Tarry, er atf for irnne G.Morrioh, RarllLn A ;. sileT ent! Lug tdorrigk `3r;d ley, bef tdarard :',xhaiag np T : r as ras e s ne Feb 3-00 NI ap r Seam uar E9-39 Mar 10-30 +1. -1:o o � 0 sue Barg and +%a rolyn gar tr+► ,. �' to ""set -�o!an1 'rawer ± {ir:'�t GS, idaaxs earl i=. Fq ay and g7. o nt --- ss I rle 1n 61 , ` Lot 1R elk 193 1-urtj & lsrrar°a 'Xirfcland Div t129 so par Tod. Ef5''. ;t ' pg a8 rea at sd Go goo 31 TD R6r [f eww a R"h 4 center In --•- 1 ft N and p1t W) In of ad tt { Togthr with rt -•-- bal :loran or rgtF proTfig for " to out all btuidL j i• entl timber, Pg?' grarrdg for blas411sg and DB'f PrordB for rol of ��i" m5g stricken --- �S) .•, j 1Kti?. .. !E's`•' 4•t!'.. �_, �•. 'r•:�'.ti '.. �.e° i W)4e4 RECORDED RETURN To: Ota'M of the C11k a : rk Raman kluni.t-'•1 building 200 M t enue South 1 to lA 990 r_1 c� Lu lu CERTIFICATE 1, the , Clerk of the City of Renton, Washington, ceffly that Mks Is a true and correct copy Ot 0 - Sehscflbed and Seal rk CITY OF REN'i'ON, WASHINGTON ORDINANCE NO. 4612 AN ORDnu=E OF TIM CITY OF RENTON, WASRIVOTWT, ESTABLIBEIIPG AX ASBESSUMM DISTRICT FOR SMITARY SON= MMVICE Ilq A H08TICS OF THE SOUTH BIIOWNDS, HIUITMM DOMS, AND X"LEWOOD SUB-BASXNS AM 31STABLISSISq THE AMc NT or TH$ CBARGs Upon COMMICTION To THR FACILITIES. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN A5 FOLLOWS; SRCTX0N KIL There is hereby created a Sanitary Sewer Service Special Assessment District for the area served by. the East �i Renton Sanitary sewer Interceptor in the northeast quadrant of the C7 City of Renton and a portion of its urban growth area within unincorporated Icing County, which area is more particularly 9 described in Exhibit "A" attached hereto. A map of the service area is attached as Exhibit %B." The recording of this document is to provide notification of potential connection and interest charges. While this connection charge may be paid at any time, the 4 City dogs not require payment until such time as the parcel iB connected to and thus benefiting from the sewer facilities. The property may be sold or in any other way change hands without triggering the requirement, by the City, of payment of the charges associated with this district. BECTIgIl II Persons connecting to the sanitary sewer facilities in this Special Assessment District and which properties w a ORDINANCE 4612 have not been charged or assessed with all costs of the East Renton Sanitary Sewer Interceptor, as detailed in this ordinance, shall pay, in addition to the payment of the connection permit fee and in addition to the system development charge, the following additional fees: A. ppr Unitsharge,-New connections of residential dwelling units or equivalents shall pay a fee of $224.52 per dwelling unit and all other uses shadl pay a unit charge of $0.069 per square foot of property. Those properties included within this Special Assessment District and which may be assessed a charge thereunder are included within the boundary legally described in Exhibit "A" and which boundary is shown on thetnap attached as Exhibit "B." b Tjcff II T In addition to. the aforestated charges, there shall be a charge of 4.11V per annum added to the per Unit Charge. The interest charge shall accrue for no more than ten (lo) years from the date this ordinance becomes effective. Interest charges will be simple interest and not compound interest. SECTIONThis ordinance shall be effective upon its passage, approval, and thirty (30) days after publication. PASSED BY THE CITY COUNCIL this nth day of June 1996. Maril eteiseny City Clerk 2 ORDINANCE 4612 ._ APPROVED BY THE MAYOR this 10th day of June , 1996. JeeiK Tanner, Mayor Approve as to form: �.lu-Law rence J. Warren,allvx.p�� City Attorney Date of Publication: S I4/96 ORD.576:5/20/96:as. Exhibit A LEGAL. DESCRIPTION OF THE SPECIAL ASSESSMENT DISTRICT FOR THE CITY OF RENTON — EAST RENTON INTERCEPTOR Portions of Sections 8, 9, 10, 11, 14, 15, 16. 17, 21 and 22 all in Township 23N, Range 5E W.M. in King County, Washington Section 8, Township 23N, Range SE W.M. All of that portion of Section 8, Township 23N, Range 5E W.M. lylng East of the East right-of-way line of SR-405 and South of the following described line: Beginning at the intersection of the East line of said Section 8 with the centerline of �th Street; thence Westerly along said centerline of NE 7th Street to its intersection with the centerline of Sunset Boulevard NE; thence Northerly along the centerline of Sunset Boulevard NE to the North line of the Southeast A of said Section 8; thence West along said North line to the East right-of-way line of SR 405 and the terminus of said line. LD N 'Section 9, Township 23N, Range SE W.M. All of that portion of Section 9, Township 23N, Range 5E W.M. tying South and East of the following described line: CD D Segi7nrming on the centerline of NE 7th Street at its intersection with the cenWline of Edmonds Avenue NE; thence Easterly along the centerline of NE 7th Street to its intersection with the centerline of Moroe Avenue NE; thence North along said centerline to the South line of the Northeast 1/4 of said Section 9; thence East along said South line to its intersection with the centerline of Redmond Avenue NE; thence Northerly along said centerline to its intersection with the centerline of NE loth Street; thence East along said centerline to the East line of said Section 9 and the terminus of said line. Section 10, Township 23N, Mange 5E W.M. All of that portion of Section 10, Township 23N, Range 5E W.M. lying Southerly and westerly of the following described line: Beginning on the West line of Section 10 at its Intersection with the North line of the South 1h of the North 'A of said Section 10; thence East along said North line to its intersection with the centerline of 142nd Avenue SE; thence Southerly along said centerline to its intersection with the North line of the Southeast'/4 of said Section. 10; thence East along said North line to its intersection with the East line of said Section 10 and the terminus of said line. p.v^TAW miK,u7: ADLVmLd00 Legal Description of the Spacial Assessment District or the Ci Renton- East Renton Interc for Pa e 2 of 3 Section 11, Township 23N, Range 5E W.M. All of the Southwest y4 of Section 11. Township 23N, Range 5E W.K. Section 14, Township 23N, Range 5E W.M. All of that portion of Section 14, Township 23N, Range 5E. W.M. described as follows: All of the Northwest V4 of said section, together with the Southwest 1/4 of said section, accept the South 1/a of the Southeast 1A of said Southwest 1/4 and emept the plat of McIntire Homesites and ' k of streets adjacent as recorded in the Book of Plats, Volume 58, Page 82, Records of King County, Washington, and except the South 151.65 feet of the East 239.435 feet of Tract 6, Block 1 of Cedar River Five Acre Tracts as recorded in the Book of Plats, Volume 16, Page 52, Pecords of King County, Washington, less 'A of the street abutting said portion of Tract 6, Block 1, and less Tract 6, Block 2 of said Cedar River Five Acre Tracts, less 3fa of �p the street adjacent to said Tract 6, Block 2, and except the South 82.785 feet of Q� the East 150 feet of Tract 5, Block 2 of said Cedar River Five Acre Tracts and less 3h the street adjacent to said portion of Tract 5, Block 2. N Section 16, Township 23N, Range 5E W.M. fi All of that portion of Section 15, Township 23N, Range 5E. W.M., except the Southwest A of the Southwest 1/4 of the Southwest 1/a of said section. Section A Township 23N, Range BE W.M. All of that portion of Section 16, Township 23N, Range 5E W.M., except that portion of the Southeast 1/4 of the Southeast 1/a of the said Section, 16 lying East of the East line of the Plat of Maplewood Division No. 2 as recorded in the Book of Plats Volume 39, page 39, Records of King County Washington and its Northerly extension to the North line of said Southeast A of the Southeast 1/a of the said Section 16 and except that portion of said section lying Southerly of the Northerly right-of-way line of SR 169 (Maple Valley Highway). Section 17, Township 23N, Range 55 W.M. All of that portion of Section 17, Township 23N, Range aE W.M., ]Yin Northeasterly of the Northeasterly right-of-way of SR 169 (Maple Valley Highway and Easterly of the East right-of-way line of SR-405 less that portion tying generally West of the East and Southeasterly line of Bronson Way NE 1Yir'9 t aw�r�wantvaworax+�Vrs�n�cuu�ac Legal Description of the Special Assmsnrent District or the City a Renton —Fast Rerttart Inter for Pa e 3 0 3 between the South line of the NE 3rd Street and the Northeasterly margin of SR 405. Section 21, Township 23N, Range 5E W.M. All that portion of Section 21, Township 23N, R 5E W.M. lying Northeasterly of the Northeasterly right-of-way line of SR-169 (Maple Valley Highway) and West of the East line of the Plat of Maplewood Division No. 2 as recorded in the Book of Plats, volume 39, page 39, Records of King County, Washington, Section 22, Township 23N, Range BE W.M. All of that portion of Section 22, Township 23N, Range 5E W.M. described as follows: All of the Northwest W of the Northeast 1/4 of said Section 22 lying Northerly of the Southerly line of the Plat of Maplewood. Heights as recorded Book of Plats, volume 78, pages 1 through 4, Records of Bing County, Washington. Together with the North 227.11 feet of the West 97.02 of the Northeast 1/4 of the 20060816000319.001 Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055 Title: LATECOMER'S AGREEMENT Property Tax Parcel Number: 102305-9394 Projectfiletis PRM-27-0027 q-04 00! Gran tor(s): Grantees). I. City of Renton a Municipal Ca oration 1. Glenn Wharton Complete legal description Is in Exhibit "B" of this document LEGAL DESCRIPTION: Portion of the Northwest Quarter of the Southeast Quarter of Section 10, Township 23 North, Range 5 East, W.M., in the City of Renton, King County, Washington. THIS AGREEMENT made and entered into this A day of 20 by and between the CITY OF RENTON, hereinafter referred to as "CITY; and ifflenn Wharton, hereinafter referred to as "DEVELOPER'; WHEREAS, the "DEVELOPER" is desirous of installing certain wastewater systems and appurtenances thereto at, near, or within the hereinbelow described property and to connect same to the "C1TY'S" utility or road system(s) so that such improvements will constitute an integral part thereof; and WHEREAS, no other property owners or users are presently available to share in the cost and expense of construction of such improvements, and the parties hereto having in mind the provisions and terms ofthe "Municipal Water and Sewer Facilities Act" (R_C_W. 35.91.020, et seq.) and street latecomer's legislation (R.C.W. 35,72.010, at seq.); and WHEREAS, the "DEVELOPER" is willing to pay all the costs and expenses for the installation of said improvements; NOW, THEREFORE, IT IS HEREBY AGREED AND CONVENANTED BY AND BETWEEN THE AFORESAID PARTIES AS FOLLOWS: Page i ► 20050816000319.002 PRM27-0027: WHARTON LATECOMER'S AGREEMENT 1. The "DEVELOPER" hereby acknowledges and covenants that he is the owner or has reached satisfactory agreement with the property owners ofthe following described property, to wit: See Exhibit "A" and the "DEVELOPER" hereby agrees and covenants to cause to have installed the following described improvements, to wit: 1. 275 linear feet of 8 inch PVC Sewer Main 2. 2 48 inch diameter manhole and such installation to be made in full compliance with all applicable codes and regulations of the "CITY". The "DEVELOPER" further covenants and warrants that all expenses and claims in connection with the construction and installation of the aforesaid improvements, whether for labor or materials or both, have been or will be paid in full, ail at the "DEVELOPER'S" expense, and the "DEVELOPER" covenants and agrees to hold i the "CITY" harmless from any liability in connection therewith. 2.. The "DEVELOPER" further certifies that the total cost of said construction as hereinabove specified is S42,257.20. See Exhibit "B" attached hereto for the legal description of the boundary line encompassing the lands affected by this latecomer agreement, and see Exhibit "C" attached hereto for the map showing in outline the land affected by such additional charges per the terms of this agreement. The total amount of the cost of said improvement shall be employed to determine the pro rata reimbursement to the "DEVELOPER' by any owner of real estate who did not contribute to the original cost of such improvement, and who subsequently wishes to tap into or hookup to or use said facilities, which tap or hookup shall include connections to lateral or branches connecting thereto, all subject to the laws and ordinances of the "CITY" and the provisions of this agreement. Page 2 20060816000319.003 PRM27-0027: WHARTON LATECOMER'S AGREEMENT The method of determining latecomer payments shall be by: Front foot method The pro rata cost is $87.31, 3. It is hereby found and determined that the construction and installation of said oforedescribed improvement is in the public interest. 4. The "DEVELOPER" hereby agrees and covenants to convey, transfer, and assign unto the "CITY" all rights, interest and title in and to said improvements and all appurtenances and accessories thereto, free from any claim and encumbrance of any patty whomsoever, "CITY" agrees to accept and maintain said improvement as part of its present system upon approval thereof by the Administrator of the Planning/Building/Public Works Department or his/her authorized representative and after inspection of said construction. The "DEVELOPER" further agrees and covenants to execute and to deliver unto the "CITY" any and all documents including Quit Claim Deeds and Bills of Sale that may reasonably be necessary to fully vest title in the "CITY" and to effectuate this conveyance and transfer. The "DEVELOPER" further agrees and covenants to pay unto the "CITY" such service charges or other charges as may be imposed by the "CITY" for use of the improvements for which this agreement is granted. S. The "CITY" reserves the right, without affecting the validity or terms of this agreement, to make or cause to be made extensions to or additions of the above improvement and to allow service connections to be made to said extensions or additions, without liability on the part ofthe "CITY". 6. No person, firm, or corporation shall be granted a permit to use or be authorized to tap into the facility during the period of 15 years from date hereof, without first paying unto the "CITY", in addition to any and all other costs, fee, and charges made or assessed for each tap, or for the main facilities constructed In connection therewith, or for street, signaiization, and lighting improvements, the amount required by the provisions of this contract except such charges shall not apply to any extension of the main facility. All Pop 3 20050816000319.004 r Pif 7-0027: WM&,RTON LATECOMERIS AGREEMENT amounts so received by the "CITY" shall be paid out by it unto the "DEVELOPER" under the terms of this agreement within thirty (30) days after receipt thereof, less a 150/0 administration fee. Furthermore, in case any tap, hookup, or connection is made into any such contracted facility without such payment having been first made, the legislative body of the "CITY" may cause to have removed such unauthorized tap, hookup, or connection, and all connections or related accessories located in the facility or right-of-way, and dispose of such unauthorized material so removed, without any liability on the part of the "CITY" whatever. It is further agreed, and covenanted that upon expiration of the terms of this agreement; to wit: 15 year's from date hereof, the "CITY" shall be under no further obligation to collect or make any further sums unto the "DEVELOPER". The decision of the Administrator of the Planning%Building/Public Works Department or his/her authorized representative in determining or computing the amount due from any benefited owner who wishes to hookup to such improvement shall be final and conclusive in all respects. 7. it is further agreed and understood that the aforedescribed improvements to be undertaken and paid for by the "DEVELOPER" have been or are about to be connected with the utilities/transportation systems of the "CITY", and upon such connection and acceptance by the "CITY" through its legislative body, said extension and/or improvement shall be and become a part of the municipal utilities or transportation systems. i 8. This agreement shall be placed fpr record with the King County Auditor's Office within thirty (30) days of final execution of the agreement. 9. Before the "CITY" will collect any latecomer's fee, the "DEVELOPER" will transfer title to all of the improvements unden;the latecomer's agreement to the "CITY". The "DEVELOPER" will also assior to the "CITY" the benefit and right to the latecomer's fee should the "CITY" be unable to kklocate the "DEVELOPER" to tender any latecomer's fee 11 that the "CITY" has received. the "DEVELOPER" shall be responsible for keeping the "CITY" informed of its correct mailing address. Should the "CITY" be unable to locate Pago 4 20060816000319.006 PRM27-0027: WHARTON LATECOMER'S AGREEMENT the "DEVELOPER" in order to -deliver a latecomer's fee, the "CITY" shall undertake an independent investigation to determine the location of the "DEVELOPER". Should the "CITY" after a good faith attempt to locate the "DEVELOPER" be unable to do so, then the latecomer's fee shall be placed in the Special Deposit Fund held by the "CITY" for two (2) years. At any time within the two-year period the "DEVELOPER" may receive the latecomer's fee, without interest, by applying to the "CITY" for that latecomer's fee. After the expiration of the two-year period, all rights of the "DEVELOPER" to that fee shall expire, and the "CITY" shall be deemed to be the owner of those funds. 10. When the "CITY" has received the funds for a latecomer's fee, it will forward that fee to the "DEVELOPER" within thirty (30) days of receipt of the funds. Funds received by negotiable instrument, such as a check, will be deemed received ten (10) days after delivery to the "CITY". Should the "CITY" fail to forward the latecomer's fee to the "DEVELOPER" through the "CITY'S" sole negligence, then the "CITY" shall pay the "DEVELOPER" interest on those monies at the rate of twelve (12%) percent per annum. However, should the "DEVELOPER" not keep the "CITY" informed of its current correct mailing address, or should the'5DEVELOPER" otherwise be negligent and thus contribute to the failure of the "CITY" to pay over the latecomer's fee, then no interest shall accrue on late payment of the latecomer's fee. 11. When authorized by the City Council, a latecomer's agreement can be granted for a period of up to but not to exceed 15 years. No extensions will be granted beyond the period of time established by City Council. The latecomer's agreement will expire at the end of the period of time established by the City Council. 12. By instituting the latecomer's agreement, the "CITY" does not agree to assume any responsibility to enforce the latecomer's agreement. The recorded latecomer agreement will be a matter of public record and will serve as a notice to the owners of the potential assessment should connection to the improvements be made. The assessment roll listing the affected properties and the pro-rata potential latecomer charge for each will be on file with the "CITY". The "DEVELOPER" has responsibility to monitor those parties Page 5 20050816000319.006 PRM27-0027: WHARTON LATECOMER'S AGREEMENT connecting to the improvement. Should the "CITY" become aware of such a connection, it will use its best efforts to collect the latecomer's fee, but shall not incur any liability should it inadvertently fail to collect the latecomer's fee. Page 6 20DSOBIG000319.007 PRMZ7 pOZ7: WHARTON LATECOMER'S AGREEMENT CITY OF RENTON By: kSEAL Mayor KJat6y Keolker-Wheeler 1i %- xFsT�� Bonnie 1. Walton, City Clerk Notary Seal must be within box ;.u�ttttl�. .. STATE OF WASHINGTON ) SS COUNTY OF KING ) On this I� . day oij e t 1i ZOp,q,, I certify that I know or have satisfactoryevidence that Ktithy Kdolker-Wheeler is the pawn who appeared before me, and who signed This instrument, on oath stated that she was authorized to execute the instrument and acknowledged as the Mayor of the City of Renton to be to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument Notary 061its in'and for ihel`tate. of Washington Notary (Print) J a 5 My appointment'expires; - Z 4 Dated: 7j131 zoos Page T 20060816000319.008 j P4W-0027: WHARTON LATECOMER'S AGREEMENT DEVEL 1R By:T441tzf BY Notary Seal must be within box STATE OF WAS1xMGTON) SS ttlri/N"•��+--- OP+�H �y =� COUNTY OF KING ) 1 certify that 1 know or have satisfactory evidence that leer n 1ttitt (�. gslohr OP . Fy % ��a r signed this instrument and ti u �O ICY ` N : acknowledged it to be hlslherltheir free and voluntary act for the uses and purposes f mentioned in the instrument Yr :0$a�N0t1�� �'- OF otary Public in and for the State of Washington W h ;01ttt r Notary [Print) �e�oatro.�t _�_ IirL9 My appointment expires: !1- / 9�12g Dated: 6-.?q, 05 Notary Seal must be within box STATE OF WASI INGTON )SS COUNTY OF KING ) i cer dry that I know or have satisfactory evidence that signed this instrument, on oath stated that hclshelthey waslwere authorized to execute the insument and acknowledged it as the and of to be the, free and voluntary act of such parviOdies for the uses and purposes mentioned in the insWment. Notary Public in and for the State of Washington Notary (Print. My appointment expires: Dated: Notary Scal most be within box STATE OF WASHINGTON ) s3 COUNTY OF XING } On this day of . 19, before me personally appeared tome known to he of the corporation that executed the within lnstrumcnt, and acknowledge the said instrument to be the free and volantary not and deed of sald corporation, for the uses and purposes therein mentioned, and each on oath stated that. he/she was authorized to execute said instrument and that the sal affixed is the corporate seal of said corporation_ Nottuy (Print) My appointment expires: Dated: Page a 20050616000319.009 EXHIBIT A WHARTON LATECOMER (PRM27-007) DEVELOPER PROPERTY EGAL DESCRIPn That portion of the South Half of the Northwest Quarter of the Northwest Quarter of the Southeast Quarter of Section 10, Township 23 North, Range 5 East, W.M., which lies southerly of Block 2 of McClain Addition as per plat recorded in Volume 59 of Plats, page 61, records of King County, and which lies west of the southerly production the of east line of Lot 2 of said Block 2 and east of the southerly production the of west line of Lot 4 of said BIock 2; LESS the South 30 feet thereof. All situate in the City of Renton, King County, Washington. 20050816000319.010 i RXHIMYT B WHARTON LATECOMER (PRM27-007) LEGAL DESCP,J ON: Parcel 2 of King County Short Plat No. 477114, as recorded under King County Rec. No. 7804120882, records of King County, Washington. All situate in the Northwest Quarter of the Southeast Quarter of Section 10, Township 23 North, Range 5 East, W.M., in the City of Renton; King County, Washington. .4t;� I � �I' •I i, i TO I 20050816000319.011 7ahnicai Services Wharton Sewer Latecomer Agreement ` ' Pr'n M �I 3003 "` W°�' File No. LA--04-00I 3312961 - Rt aaastada nad Draiaa s Imprura+uaxtti 1.11atriot My 2 41. zing Cuunt,y i, state of ! 8 tA'-4 vn by J R lied th , sup A Jrplry t i+u'sail :; fluent, ohzaea Arg of fro Oort►. ttaaots ,lobar % l4.g12ills al . k +.i Bid b liaaio �. _soiih, dap ubIas ,t Moffett lather s itutfata+ o-hnsxa kow .4i,1 26 43 by Charles a :4*ffat% and ; al;bes 11 ;actWit,"M h! S k hurt Ap or the aw ram st a us Zen 15 45Ia1 o+caerr , t"strrl 318� ,Ad 3211d ti',ti .not v 95, oily ------ D Jwt 1 43 63i2:9:62D - Jon 6 i,2 $1 , d bu Arthur ': Coy list mad d* MI t;urliQ&,kv1 to County of rink, :stetq or lbsrhiAst&C � 1a oy rm1 ne ,a to sy for ups r,f the kuh rosetrer oe a j-ub fond +:nd lkot:•n} all jut in %tte rl des re list The S 30 't or ::ia ;ITk of the Ir%I or the R} of aeo l0 :w; 23 Ilr S noel Gvn%0,445 0 0ra A 1.1 H/w jLrwiin g1lo nl $zts.. 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S When Recorded Return To Boeing Employees! Credd Union 12770 Gateway Drive Tukwila, WA 98168 t&i- r3rn7� [Spats Above This I,Ina For Recording Dotal DEED OF TRUST C �' Grantor(s) (1) KENNETH E JOHNSON (2) (3) (4) un Grantee(s) m (1) Boeing Employees' Credit Union, a Washington Corporation 0 (2) Washington Title Company r* Legal Description (abbreviated) LT 2 KCSP NO 477114, REC NO 7804120882 `— additional lega)(s) on page Amcmar's Tax Parcel 1D # 102305-9394-01 by DEFINITIONS Words used in muluplc sections of this document are defined below and other words an defined w Sections 3, 11, 13. 18, 20 and 21 Certain ntles regoirding the usage 01 worths used in this doctancrit are also provided in Section 16 (A) "Security Inslrumeni" means this document, wluch is dated December 01, 2002 together with all Riders to this document (9) "Borrower's is KENNETH E JOHNSON, As His Separate Estate Borrower is the uustor tinder this Socunty Instrumrnt WASHINGTON-Single Pamdy-- Fan We Mad) reddte Mae UNIFORM INS RUM04T pornotytg 3I/fli ITEM i�iu Poll) JAISr 1 of I i pages) To emu as 1800 Era 93930 � 6t V 10, (C) 'Under" is Boeing Employees' Credit Union Lendcr is A a Washington Corporation organized and existing under the laws of Washington Lender's address is 12770 Gateway Drive, Tukwila, WA 9B168 lender is the beneficinry under this Security Instrument (D) "Trustee" is Washington Title Company (E) "Note" moans the promissory note signed by Borrower and dated December 01, 2002 The Note states that Borrower owes Izader Two Hundred Seventy Five Thousand and no/100 Dollars (US $ 275,000 00 ) plus interest Borrower has promised to pay tins debt in regular Periodic Payments and to pay the debt in full not later than January 01, 2033 (1~) 'Waperty" means the property that iq described below tinder the heading "Transfer of Rights m the Spey „ (G) "Load' means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest (H) "Rlders" meters all Riders to this Security Instmmcat that arc creates by Borrower The following Riders are to be executed by Borrower [check box as applicable) X❑ Adlusinble Rate Rrdcr ❑ C.ondominturn Rider ❑ Second Nome Rider ❑ Balloon Rider ❑ Planned Unit Development Rider ❑ Qther(s) [specify] Lin ❑ 1-4 Farruly Rider ❑ Biweekly Payment Rider CO v (I) "Applicable Law" means all controlling applicable federal, state laid local statutes, regulations, ordinances and administrative rules and order% (that have the effect of law) as well a,i ,ill applicable final, aon -appealable judicial opinions (j) "Community Assoclatlon Dues, Ftxs, and Assessments" means all due%. fees, assessments and other CIA charges that are imposed on Borrower or the Property by a condominium association, homeowners r- association or similar organization W "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or sumlar paper tastriuuent, which is mituited through rui electronic terminal, telephonic in%trument, computer, or magnetic tape so as to order, instruct, or authonze a financial institution to debit or credit an account Such term includes, but is not Itmtted to, point -of -wale transfers, automated teller machine umnsactinue, transfers initiated by telepboae, wire transfers, and automated cWnngbou%c imncfens (L) "Escrow Items" means those sterns that art; described in Section 3 (M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proc.acds paid by any thud party (other than insurance proceeds paid under the cove ages described in Section 5) for (t) damage to, or destruction of, the Property, (is) condemnation or other taking of all or any pail of ehe Property, (m) conveyance in lieu of condemnation, or (iv) misrcpremmiations at, or omismons as to, the value andfor condition of the Property (N) - "Mortgage Insurance" means inanrannce protecting Lender against the nonpayment of, or default on, the Loan (0) 'Terlodlc Payment" mains the regularly schedulod amount due for (i) principal and interest under the Note, plus (n) any amounts under Section 3 of this Security Instrument WASHINOTON-5ingic riinity--FanvLe lllndFreddre Mao UNIFORM INSTRUMENT Form 304a I101 oACATIAND IN nt M ioeuez fool n) (Page 2 o/ ) I paRer) to OFft "I i 1*8 630 0300 a ree 616 101 1131 (11) "RESPA" means the Real Estate Settlement Procedures Act (12 U S C �2601 rt. wq ) and its unplemenung regulation, Regulauon X (24 C F R Part 3500), as they aught be amended Gam time to time, or any additional or miceessor legislation or regulation that governs the same subject matter As used in this Soctinty Insti=etn, "RESPA" refers to all requirements and restrictions !lint ,ire imposed in regard to it 'federally rclnicd mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA (Q) "Successor In Interest of Borrower" means any party that has taken lisle to Ilic Property, whether or not that party has assumed Borrower's obligations under the Note andlor this Sectinty lnsirument TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender (1) the Mpayrticat of the Loam, and all renewals, extensions and modifications of the Note, and (u) the perforrnanec of Borrower's coven ants and agreements under this Security Insiriuncrit and the Note For this purpose, Borrower irrevocably grunts and conveys to Trustee, an trust, with power of sale, the following described property located in the County IType of Recording Jurmdleuonj of KING IName of Recordmg Jurudinon] LOT 2, KING COUNTY SHORT PLAT NUMBER 477114. RECORDED UNDER RECORDING NUMBER 7804120802, IN KING COUNTY, WASHINGTON u% m whu.h cum!ntly has the address of AXI RENTON ICIIyI n 14035 S£ 122ND ST [Sarah Washingion 98059 I-15pr(A) ("Property Address') N TOGETHER WITH all the improvements now or hercafter erected on the property, and all casements, -� appurtenances, and fixtures now or hereafter a pan of the property All replacements and additiuns shall also be covered by this Secunty Instrument All of the foregoing is referred to is this Secunty Instrument as the "Property " BORROWER COVENANTS that Borrower is lawfully seisod of the eaivtc hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record Borrower warrants and will defend generally the title to the Property againsi fill claims and demands, subject to any encumbrances of record THIS SECURITY INSTRUMENT combines wiforrn covenants for national use and non -uniform covenanib with limited variations by jurisdiction to constitute a untform w=nty instrument covering real pmperly WASH ING rON—Sigle Fomaty—Faoale MedPrsddte Mae UNIFORM INSTRUMEM Form 3M liar GREATLANa ■ REM IMU(0011) tl'age3of13yagaj ToOrdgpC&IMS77RiD7OFU6+slola131 UNIFORM COVENANTS Borrower and Lender covenant and agree as fol lows 1. Payment of Principal, Interest, Escrow Iterns, Propayment Charges, and We Charges. Borrower shall pay when due the principal of. mid mterst on, the debt evidenced by the Note and any prepayment charges said tnic charges due undta the Nate Borrower shall also p.iy funds for Fsscmw Items pursuant to Section 3 Payments due under the Note and this Security Instrument shall be made in U S currency However, if any chock or other instrument received by Lender as payment tinder the Note or this Sex:urity Instrument is returned to Lender unpaid, Lender cony require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender (a) cash, (b) money order, (e) certified check, bank check, treasurer's c heck or cashier's check, provided any such check is drawn upon an institution whose deposits arc insured by a federal agenr y, msinuneulality, or entity, or (d) Electronic Funds Transfer Payments are deemed received by Lender when received at the location de�ugnme d in the Note or at Stich other location as may be designated by Linder in accordance with the notice provisions ui Section 15 Lender may return any payment or pitmal payment if the payment or partial payments are uisuffictent to bring the Loan current Lender may accept any payment or partial payment insufficient to bang the Loan current, without waiver of any rights hereunder or prejudice to its tights to refuse such payment or partial payments in the future, but Leader is not obligated to apply such payments at the tune such paymarts are accepted If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on uiapphed ftnids Lender may hold such unapplied funds until Borrower makes payment to bang the Loan current If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immodintely prior to foreclosure No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Inslnuncat or performing the covenants and agreements secured by this Sccunty Instrument 1 Application of Payments or Praceels. Except as otherwise descnbcd in this Section Z, all paymeuts accepted and applied by Lender shall be applied in the following order of priority (a) micr at due under the Note, (b) principal due under the Note, (c) amounts due under Section 3 Such payments shall be applied to each Periodic Payment in the order in which it became due Any remaining amounts shall be CM applied ftrst to late charges, second to any other amounts due under this Security jnstiumrnt, and then to ems' reduce the principal balance of the Note eo If Leader receives a payment Irnm Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the dchnquent payment and the Nlaic charge If morn than one Periodic Payment is outstanding, Lender may apply any payment received from ,— Borrower to tbe,r;payment of the Periodic Payments if, and to the extent that, each payment can be paid in ry full To the extent that any excess existR after the payment is applied to the full payment of one or more Periodic Payments, such execs- may be applied to any late Ouwges due Voluntary prepayments shall be applied first to any prepayment charges and then as dmnbed in the Note Any application of payments, insurance proceeds, or Miscellaneous Proceed-, to principal due under the Note shall not extend or postpone the due date, or change the 4mauni, of the Periodic Payments 3. Funds for Cacraw Items. Borrower shall pay In Lender on The day Periodic Pdymcnts are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for (a) taxes and assessments and other toms which can attars priority over this Security Instrument as a lien or encumbrance on the Property, (b) Icasrhold paymentb or ground rents on the Property, if any, (c) premiums for any and all insurance required by Lender under Section S, and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in hcu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10 These items are called "Escrow Items " At origination or at any tune during the term of the Lorin. Lender may require that Community A+soctstion Dues, Fees. and Assessments, if any, be escrowed by Borrower, slid such dues, lees and assessments shall be an Escrow Item WASli1N0 rON—Smitic Fainity—Fantle Maeffreddte Mac UNIFORM 1NSTRUMPVT Form 3DU 1/01 GREAftANO ■ I16M 19W11 0011) (Pape 4 of I r prism 100 576Ad9] Oiu 619 791 1131 Borrower shall promptly furnish to Lender n1l notecas of amounts to be paid under thus Section Borrower shall pay Lender the Funds for EsL.Tow Items. wiless Lender waives Borrower's obhgauon to pay the Funds for any or all Escrow Items Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow 11a mb nt any tulle Any such waiver may only be in writing In the event of such wruver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow hems for which payment of Funds has been waived by Lender and, if Lender requires, shill furnish to Lender receipts evidencing such payment within such tune period as Laider may require Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in tuns Security Instrument, as the phrase "covenant and agicernent" is used un Suction 9 If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower furls to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount Lender may revoke the waiver as to any or all Escrow Item at any time by a notice given in accordance with Section 15 and. upon such revocation, Borrower shall pay to Lender all Funds, and in such amouinib, that are then required under thin Section 3 Lender may, at any limo, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the ttme specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA Lender shall estimate the amount of Fundy due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable L.riw The Funds shall be held in an institution whose deposits are insured by a fedcrnl agency, instrumentality, or entity (including Lender, if Leader is an insuiution whose deposits are so insured) or in any Federal Home Loan Batik Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA Lender shall not charge Borrower for holding and applying the Funds. annually analyzing the escrow aecouni, or verifying the Escrow Hems, unless. Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge Unless an agreement is made in wnlmg or Apphcable Law requtres interest to be paid on the Fonds, Lender shall not be required to pay Borrower any �ry untcrest or earnings on the Funds Bounwer and Leader can agree in writing, however, that intermt shall be paid on the Funds Lender shall give to Borrower, without charge, an annual accounting of the Funds as CO required by RESPA � = It there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds to accordance with RESPA If them is a shortage of Funds held in escrow, a.4 defined under RESPA. Lender shalt notify Borrower as required by RESPA, aid Borrower shall pay to CZP Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments If there is a deficiency of Funds held in escrow, is defined under RESPA, Lender sbalI notify Borrower as required by RESPA, and Borrower sliall pay to Lender the wnnunt nrceEcary to make up e� the deficiency m accordance with RESPA, but in no more than 1 Z monthly payment% Upon payment in full of all sums secured by tlhis Security fnatrumcni, Lender shall promptly refund to Borrower any Funds held by Lender 4, Cbarges; Liens, Borrower shall pay all taxes, &vomsmenta, charges. tines, and Impositions attributable to the Property which can nitnen priority over thus Security Instrument, leasehold payments or ground rents on the Property, of any, and Community Assomalion Duch, Pcim, and Assessments, if any To the extent that tbew items am Escrow sterns, Borrower alias) pay them in the manner provided in Section 3 Borrower shall promptly discharge any hen which has priority over this Security Instrument unless Borrower (a) agrees m writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such rigmement, (b) contests the lien in good faith by, or defends agarast enforcement of the lien in, legal proczedwgs which in Lender'% opinion operate to prevent the enforcement of the hen while those proceedings arc pending, but only until such proceedings arc concluded, or (c) secures from the holder of the hen an agreement sausfrictory to Lender subordinating the WARRENGTON—Single Family —transit MsdFrcddlt Mae UNIFORM INSTRUMENT Farm 30481/01 anir� eaau►a roar q (Pogo 3 of !] pregerl to orae era 1800 era arm oirisis N� hen to this Scimunly Instrument ft Lender deterrmnai that any part of the Property is subject to a lien which can attam priority over this Security Instrument, Lander may give Borrower a notice identifying the hen Within I D days of the date on which that 1loticc ns gnvan, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4 Lender may require Borrower to pay a one -tune charge for a real csinte tax verification and/or reporting service rued by Lender in connection with this Loan S. Property Insurance. Borrower shall keep the aupTovenarts now existing or hereafter erected on the Property insured against loss by fire, budirds Included within the term "extended coverage," and any other hazards including, but not bruited to, earthquakes and floods, for which Lender requut r Insurance This insurance shall be mniniined in the amounts (includiag deductible levels) and for the periods that Lender requrses What Lender requires pursuant to the preceding smteances can change during the tam of the Loan The insurance career providing the Insurance shall be chosen by Borrower subject to Lender's right to dlsapprovc Borrower's choice, which right shall not be exercised unreasonably Lender may require Borrower to pay. In connection with this Loan, either (a) a one-time charge for flood Zone detennunation, certification and trucking scrvi=, or (b) a one -tune charge for Flood zone determination and certification services and subsequent charges each time remappuig's or suutlar changes occur which reasonably might affect such detcrmrnation or caidicauan Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review at any flood zone determination resulting from an obltction by Borrower If Borrower farts to mauitarn any of the coverages described above, Leader may obtain nnsitrance coverage, at Lender's option and Borrower's expense Lender is under no obligation to purchase any particular type or amount of coverage Therefore, such coverage shall cover Lender, but aught or might not protect Borrower, Borrowers equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect Borrower acknowledges that the cost of the insurance coverage so obtained tnight bngnificantly exceed the cost of insurance that Borrower could have obtained Any amounts disbursed by Lender under this Section 5 shall �^ become additional debt of Borrower secured by this Sccunty Instrument These amounts shall bear intrust at cc the Note rate from the date of disbursement and shalt be payable, with such interest, upon notice fitum Lender C.3 to Borrower requesting payment All insurance policies tequlred by lender and renewals of such policies bhall be siib)cct to Lender's ca right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee Lender shall have the right to hold the policies and renewal r.l ccrbficete% If Lender requires, Borrower shall promptly give to Leander all receipts of paid prerntums and '— renewal notices It Borrower obtains any form of insurance coverage:, not otherwise requtred by Lmder, for damage to, or destaicuon of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional lea% payee c'v In the event of loss, Borrower shall give prompt notice to the insurance came r and Leader Lender may make proof of loss if net made promptly by Borrower Unless Lender and Borrower otherwise agree in writing, any inurancc proceeds, whether or not the underlying insurance was rexluirW by Lender, shall be apphed to restoration or repair of the Property, if the restoration or repatr is economically feasible and Lender's security is not Icasrnai Awing c,uch repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that ouch inspection shall be undertaken promptly Lender may dtaburse proceeds for the repairs and rcetornlion in a single payment or in a series of progress payments as the work is completed Unless an agreement is made m writing or Applicable Low requires utterest to be paid on such insurance proceeds, Lender shall not be nquu-ed to pay Borrower any interest or carungs on such proceeds Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the role obligation of Borrower If the restoration or repair to WA$llrl GIUN-4englerarnily—RwWoIltrdFrOdileMacUNIFORMRaTRUMENT Farm3M1101 MM ID=a (DDI n (Pate 6# Is pnRts) To Onwcan 1 ✓l O= W4711► R616 ?% 1131 oot economically feasible or Lender's security would be lesscnal, the insurance proceeds shall he applied to the sums secured/ by this Security Instrument, whether or not than dire, with the exLvss, if any, paid to Borrower Such insurance proceeds shall be applied in the order provided for in Section 2 If Borrower abandons the Property, Lender may tile, negotiate and settle any nvndable in%urannce claim and related mowers If Borrower does not respond within 30 days to a nouce: from Lender drat the mwrance caner has offered to settle a elnun, then Lender may negotiate and ad tic the claim The 30-day period will begin when the notice is given In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid tinder the Note or taus Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Properly Lender may use the msutance proceeds either to repair or restore doe Property or to pdy amounts unpaid under the Note or this Security Instrument, whether or not them due 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrowcr's pnncipal residence within 60 days after the execuuon of this Security Instrument and shrill continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extcmuaung ctrcumala rocs exist which are beyond Borrowers control 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or unpmr the Property, allow the Property to deteriorate or mmrrut waste on the Properly Whether or not Borrower is midwg in the Property, Borrower shall maintain the Properly in order to prevent the Property from deteriorating ordecrewing in value due to its condition Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly relmir the Property if damaged to avoid further deterioration or damage If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only 11 Lender has released proceeds for such purposes Lender may disburse pmcceds for the repaus and restoration to a single payment or in a series of progress payments as the work is completed U the insurance or condemnation proceeds are not sufficient to repair or restore the Property, csr Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration c' Lender or its agent may make reasonable entries upon and inspections of the Properly It it has reasonable cause, Lender may tnspect the interior of the improvements on the Properly Lender shall give ^p Borrower notice at the time of or prior to such an interior wspcetion speeifymg such reasonable cause e� S. Borrower's Roan Application. Borrower shall be in default if, during the Loan application Lv process, Borrower or any persons or cauucs acting at the direction of Borrower or with Borrower's `— knowledge or consent gave maternally false, misleading, or inaccurate inforaration or staleTnenis to Laider r_N (or failed to provide Leander with material information) in connection with the Loan Material representations include, but are not limited to, representations concerning Borrowa's occupancy of the Properly m Borrower's pnacipal residence 9. Protection of Lender's Interest in the Properly and Rights Under ihls Security Instrument. If (a) Borrower fats to perform the covenants and agreements contained in this Sec.unty Instrument, (b) there is a legal procccilmS that might signettcant]y affect Lender's interest m the Property and/or rights under this Security Insti=cut (such as a procceding in bankruptcy, probate, for condcmnatton or forfeiture, for enforcement of a hear which may attain priority over this Security Instrument or to enforce laws or regulaudins), or (c) Borrower has abandoned the property, then Lender may do and pay for whatever is reasonable or appropriate to prated Lender's mirresl in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Properly, and securing and/or repamg the Property Lender's actions can include:, but are not limited to (a) paying any sums secured by a lien which has priority over this Security Instrument, (h) appearing in court, and (c) paying rtmsonable attorneys' fees to WA3111NGTON,5mgie Anmlly Fannie hladFreddte Moe: UNIFORM INRTRUMEN I Form 3048 1101 a ITEM t0001.T (0011) (Page 7 o) J3 pn8r1) To 001n UP 1 000 5X 090ohi SIS 19 1131 prolect its interest in the Property and/or right% undcr thi% Scuuity Instrument, including its secured position in a bankruptcy proceeding Securing the Property ino-ludes, but is not limited to, entering the'Pmpeny to make rcpatrs, change locks, replace or board up doors and windows, drmn water from pipes, eliminate btutding or Other code violations or dangerous conditions, and have utilities turned on or off Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duly or obligation to do so It is agreed that Lender uicur5 no Iiability for not larking any or all actions authorized under this Section 9 Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Imtruamait These amounts shall bear interest at the Note rate from the dale of disbursement and shall be payable, with such ntcre%t, upon notice from Lender to Borrower requesting payment If this Security Instrument is on a leasehold, Borrower shrill comply with all the provisions of the lease If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the prerruums required to maintain the Mortgage Insurance in effect If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage utsurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shad pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to die cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender If substantially equivalent Morgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payment.% that were due when the u, nsinince coverage ceased to be in effect Lender will accept, use and retain these payments as a non- refundable loss reserve in heu of Mortgage Insurance Such loss reserve shall be nonrefundable, notwithstanding the fact that the Loan is ultimately paid in frill, and Lender shall not be required to pay Borrower any interest or eamings on such loss rcaave Lender can no longer require loss reserve payments if Mortgage insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Leader again becomes available, i% obtained, and Lender requires separately designated payment-; Ca toward the prenuums for Mortgage Insurance If Lender required Mortgage Insurance as a condition of ram_ making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurn cc, Borrower shall pay the premiums; mgmred to maurtnio Mortgage Insurance ui effect, or to provide a non-refundable loss reserve, until L,eudcr's requirement for Mortgage lnsuranun cods in accordance with any written agnxrnmi between Borrower and Lender providing for such termniabon or until termination is required by Applicable Law Nothing in thus Section 10 affects Borrower's obligation to pay interest at the rate provided in die Note Mortgage Insurance reimburses Lander (or any entity that purchases the Note) for certain losses it may recur if Borrower does not repay the Loan as agreed Borrower is not a party to the Mortgage lasatance Mortgage insurers evaluate their tolal risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their n&k, or reduce losses 71ese agreements are on terms and conditions that are satisfaunry to the mortgage inure and the other party (or parries) to these agracnicrits These agreements may require the mortgage insurer to make payments using any source of fluids that the mortgage insurer may have available (which may include fund% obuned from Mortgage Insurance premiums) As a result of These agreements, Lender, any purchaser of the Note, another insurer, any retnsiurr, Any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or right be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage nwtrer's risk, or reducing lc&w% If such ngreeme nt provides that nn WASHQVOTON--Sengle R mily—Fomile MadFradle Mee UNIFORM INSTRUMENT Fwm 30451/01 MEM iQa9l.9 goat t) (1'4R4, a of Is pekes) To o*r r.>ti i Odd sac OM 13A. 3 uRb161A1N� affiliate of (..ender takes a sharc of the insurer's nak in exchuige for a shore of the premiums paid to the insurer, the ari ingemcni is often termed "captive rentiurance " Further (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not Increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower liar-- If any --with respect to the Mortgage Insurance under the homeowners Proteactlon Act of 1998 or any other law. These rights may Include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund or any Mortgage Insurance premiums that were unearned at the time of such caneclintfon or termination. 111 Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to 1=der If the Property is damaged, such Miscellaneous Proceeds shdll be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's secunty is not les%ened Duniig such repair and restoration period, Lender shall have the nghl to hold such Miscellaneous Proceeds until Leader has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly Lerift may pay for the repaLm and restoration in a single disbursement or in a scncs of progress payments as die work is completed Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Gentler shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds If the restoration or repair is not economically feasible or Lender's se curtly would be lesaencd, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Ins"cart, whether or not then due, with the exccsa, if any, paid to Borrower Such Miscellaneous Proceeds shall be applied in the order provided for in v, Section 2 In (lie event of a total taking, destruction, or loss in value of the Property, the Miscellanmus Proceeds shall be applied to the sums secured by tills Security Instrument, whether or not then due, with the excess, if c`= any, paid to Borrower r In the event of a parual taking, destruction, or lose in value of the Property in which the fair market esi value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the Amount of the slim secured by this Secunly Instrument uumedralely before the partial lakuig, �CN dezuruction, or loss in value, unless Borrower and Leader otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction (a) the total amount of the saris secured rmme thalefy before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking. destruction, or loss in value Any balance shall bepnid to Borrower In the event of d partial taking, destruction, or loss in value of die Property in which the fair market value of the Property unmemdialeky before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or Ions in value, unless Borrower dad Leudes otherwise, agree in writing, the Miscellaneous Proceeds shall he applied to the sums secured by ibis Security Instrument whether or not the sums arc then due If the Property is abdridonef by Borrower, or if, ditcr notice by Lender to Burrower that the Opposing Party (as defined in the next sentence) offers to make do award to settle a claim for damage. Borrnwcr fails to respond to Lender within 30 days situ the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restarntion or repnrr of the Property or to the sums secured by this Security hir.trument, whether or not then due "Opposing Party" means the third party dint owes Borrower Miscellaneous Proceeds or the pasty against whom Borrower has a right of action in rcgarl to Miscellaneous Proceed% WASH IN TON --Single haitly—Paunie MaelFredtile Mac UNIPORM iNg RUAtDrr farm��3048 1101 GF1ITEM inerxo{ooin (Page9o/1.ipadrl) TvQrdaCat IIN& 23COraiat67G11ae2t Borrower shall be in default if .uiy action or proceeding, whether civil or crimnud, is begun that, in Lender's judgment, could result in forfeiture of [lie Property or other materiA impartment of Lcader's interest in the Property or rights under this Security Instnu cni Borrower can cure such a default and, if accelemuon has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, preclude forfeiture of the property or other matcnal unpament of Lender's interest in the Property or rights under this Security Instrument The proceeds of any award or claim for damages that are attnbulable to the impairment of Lender's inlcrest in the Property are hereby assignerd and shall be paid to Fender All Miscellaneous Proceeds that are not applied to restoration or repair of the Property bhati be applied in the order provided for in Section 2 12. Borrower Not Released; Forbearance By Lander Not a Waiver. Extension of the umc for payment or modification of amortization of the sums secured by this Secunty lasiurt-6t. granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in lnicrest of Borrower Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the stems secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower Any forbearance by Leader in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Bomwcr or is amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and Iuibrhty shall be joint and several However, any Borrower who co-signs this Security lustrumc:nt but does not execute the Note (a "co-signer") (a) is co-rgning ties Security lnstr u icol only to mortgage, grant and convey the co-signer's interest in the Property under the genus of this Security Instrument, (b) is not persorWly obligated to pay the sums secured by this Security Instiume t, and (c) agrees that Lender and any other Borrower cdn agree to extend, modify, forbear or make any -- accommodations with regard to the terms of this ScLunty Insisument or the Note without the Czco-signer's consent C. Subject to the provisions of Section 18, any Successor in Intent of Borrower who assumes Borrower's a obligations under this Security Instrument in wnting, and is approved by Lender, shall obtain all of Borrowc's ngbts and benefits under this Security Instrument Borrower shall not be released from e Borrower's obligations and liability under flue Security Inbirumeut unless Lender agrees to such mled%c to westing The covenants and agreements of tlus Security Instr utieni shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender 14. Lann Charges. Lender may charge Borrower fees for services performed in connection with - Borrower's default, for the purpose of protecting Lender's uilesest in the Property and nghts ender this s~ Security Instrument, including, but not limited to, altornop' foes, property inspection and valuation fees rn regard to any other fees, the absence of express authority in flue Stcunty Imtniment to charge a specific fee in Borrower shall not be construed as a prohibition on the charging of such fee Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law If the Loan is subject to a law which sets maxtrntim loan ebages, and that law is finally ►ntetpreied so that the rntereat or other loan charges collected or to be l-ollcood in connection with the Lodes exceed the pennttled limos, them (a) any such loan charge shill be reduced by the amount necessnry to reduce the cbwge to the permitted Brest, and (b) any sums already collected from Borrower which exceeded pe rimited limits will be refunded to Borrower Lender may choose to mike this refund by reducing the principal owed tinder the Note or by maluug a direct payment to Borrower If a refund reduces principal, the reduction will be treater] as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note) Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waavcr of any right of action Borrower might have ansing out of such overcharge WASHINGTON—Single Faiui ly—leap nle Mufflmddle Mac UNIFORM iNS FRUM MT Foray 30481/01 1TaMtoiertreinWrrl (Page 10ofISpngn) TatiroerWiSao 53oviiaur°upasi0ioa u-+ ca W LEE c.i N iM ry 15. Notices. All notims given by Borrower or Lender in connection with this Seeunty Instivrent must be in writing Any notice to Borrower in connection with this Scxunly instrument shall be deemed to have been given to Borrower when mailed by first claws mail or when actually delivered to Borrower's notice address if sent by other means Notii.e to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise The notice address shall be the Property Address tutlesti Borrower has designated n substitute notice address by notice to Lender Borrower shall promptly notify Lender of Borrower's change of address If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure There may be only one designated not tee address under this Security Instniment at any one time Any notice to Lender shall be given by delivering it or by mailing it by first claws mail to Lender's address stated herein unless Lender has designated motheraddress by notice to Borrower Any notice in connection with this Scarily instrument sliall not be deemed to have been given to Lander until actually received by Linder If any notice raliamd by this Security lnstrtirriait is also agwr+cd under Applicable Law, the Applicable Law reclutremeat will satisfy the corresponding requirement under this Security Instnunsnt 16. Governing lAvr, Severabllhly; Rules of Construction. This Seca my InstriLracni shall be governed by federal law and the law of the junsdnction to which the Property is located All rights and obligations contained in dus Security Instrument are subject to any roquirancals and limitations of Applicable raw Applicable Law might explicitly or unphatly allow the parties to ague by contract or it might be silent, but such silence shall not be construed as a prohibition against agrmncnnt by contract In the event that any provision or clause of this Securely Instrument or the Note conflicts with Apphenble Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the coaflictuig provision As usiad in this Security Instrument (a) words of the masculine guider shall mean and include conwpondmg neuter words or words of the feminine gender, (b) words in the singular shall mean and include the plural and vice versa, and (c) the word "may" give.% sole dnscrction without any obligation to lake any action 17. Borrower's Copy. Borrower shall be given one copy of the Note and of tlu4 Secunty Instrument I& Transfer of the Property or a Deneliclal Interest In Borrower. As used in this Section 18, "Interest in the Property" means any legal or bendicral interest in the Property, including, but not limited to, those beneficial interests transferred is a bond for deed, contract for deal, mstallment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser If all or any part of the Property or any Interest in the Property is sold or transferred (ur if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written con=[, L dcr may require: umadrate payment in full of all sums sccured by Chit. Security lnsb=cnt However, this option shall not be exercised by Linder if such exercise: is prolubued by Applicable Law If Lender exercises Ibis opuoo. Lender shall give Borrower notice of acceleration The nonce shall provide a period of not Icss than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument if Borrower fails to pdy ditise stems prior to the expiration of this period, Lender may invoke any temaltes permitted by des Security hisift cat without further notice or demand on Borrower 19. Borrower's Right to Reinstate After Acccicration..If Borrower mccis certain conditions, Borrower shall have the right to have enforcement of this Security Instrument disconunuod at any fire prior to the earliest of (a) five days before sale of the Properly pursuant to any power of sale contained In this Seennty inslntment, (b) such other period a% Applicable Law might specify for the termination of Borrower's right to reinstate, or (c) entry of a judgment enforcing this Secunly Instrument Those conditions are that Borrower (a) pays Lander all sums which then would be due snider this Security Instrument and the Note as if no acceleration bad occurred, (b) cures dray defnull of any other covenants or sgrec mini%, WAbIlINOTON- Single rtmily--Fannie Mae/Freddie Mac UNIFORM I'MTHIJAI Nr rarm 30 91101 aAEATLAND m iTEMIgWiita3fii (Pagr11011Spagri) botdaCIQINOSm93938WSW911131 (c) pays all expeams incurred in enioretng this Sccunty Instrument, including, but not limited to, reasonable attorneys' fees, property Inspection and valuation teed, .uid other lets incurred for the piirpose of protecting Lender's interest m the Property and rights tinder dins Soctimy Instrument, and (d) takes such dction as Lender may reasonably rcgwre to assure that Lender's interest in the Property and rights under tine Security Insultment, and Borrower's obligation to pay the sums sentred by this Sectinly Instrument, shall continue unchanged Lender may require that Borrower pay such reinstatement stuns and expense+ in one or more of the following forms, as selected by Lender (a) cash, (b) money order, (c) certified check, bank check, treasurer's check or cashiers check, provided any such check is drawn upon an wsmution whose deposits we insured by a federal agency, instrunlentafity or entity, or (d) Electronic Funds Transfer Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred However, this right to reinstate shall not apply in the case of acceleration udder Scclion 18 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a primal interest in the Note (together with this Security Instrument) can be sold one or more tunes without prior notice to Borrower A We right result w a change in the entity (known as the "Loan Servitor") that collccts Periodic Payments due under the Note and this Security instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law There a]so might be one or more changes of the loan Servicer unirJated to a sale of the Note If there is a change of the loan Servicer, Borrower will be given written notice of the change which will state the name curd address of the new Lam Scrvicer, the address to which payments should be made and any other uiformation RESPA requires in connection with a notice of transfer of servicing If the Note is sold and thereafter the Loun m serviced by a Lorin Servicer other than the piiidu= of the Note, the mortgage loan servicing obligations to Borrower will remaui with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual hligarit or the member of a class) that anses from the other party's acuoas pu sudnI to this Security u' Instrument or that alleges that the other party bds breached any provision of, or any duty owed by mason of, this; Security Instniment, until such Borrower or Lander has notified the other party (with such nonce given c7 in compliance with die requirements of Section 15) of such alleged breach and affarded the other party hereto a reasonable period after the gtvmg of such notice to take corrective action If Applicable I tw provides a w time period which must elapse before: certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph The notice of acceleration and opportunity to cure given to c� Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20 21. Hazardous Substance!,. As used in this Section 21 (a) " Havardou% Substances" are those substances defined as toxic or hacnrdous substances, pollutarits, or wastes by Environmental Law and the a� following substances gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and rndivaLtwe matcrnnls, (b) ' Bnvironmentaii Law" means federal laws and lawb of the junschoton where the Properly is located that relate to health, safety or envlronimcniail protection, (c) "Environmental Cleanup" includes any resprintie action, remedial action, or removal action, as defined in Environmcalal Law, and (d) .tit "Environmental Condition" means a condition that earn cause, contribute to, or otherwise trigger an Environmental Cle,inup Borrower shall not cause or permit the prc=ce, use, disposal, storage, or rcleatie of any Hazardous Substances, or threaten to release any (Hazardous Substances, on or in the Property Borrower shall not do, nor allow anyone else to do, anything nffwwg the Property (a) that is in violation of any Environmental Low, (b) which creates an Environmental Condition, or (c) which, due to the presence, n%c, or release of a Hazardous Substance, cronies a condition that advcscly affects the value of the Property The preLeduig two sentences "I not apply to the presence, use, or stornge on the Property of small quaritideq of Ha Lrdow. WASHING TON. -Single Fonuly-8annie MadYrnWta Mnc UNIFORM INSTRUMENT Form 3048 001 �6691��a rrEM ioula tm++i ffte J2 of !}pagrtj To adu Cl i tiM 530 9M Clow Substances that are generally recogoued to be appropriate to normal rchidential ubc% and to maintenance of the Property (including, but not lunited to, hazardous substances in consumer products) Borrower shall promptly give Lender wntlea notice of (a) any investigation, clan, despond, kwsuit or other action by any governmental or regulatory agoicy or private party tnvolving the Property and rely Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, soy spilling, }caking, dimharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or rciease of a Hazardous Substance which advemly affects the vidue of the Property If Borrower ]came. or is notified by any govenunentol'or regulatory authority, or any pnvate party, that any removal or other resnediattnn of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all rim" iry remedial actions in accordaatx with Environmental Law Nothing heron shall create any obligation on Lender for an Environmental Cleanup NON-UNIPORM COVENANTS Borrower and Lender further covenant and agree as follows 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement In this Security Instrument (but not prior to acceleration under Seddon 16 unless Applicable Low provides otherwise). The notice shall specify: (a) the default; (b) the action required to care the default; (c) a date, not lids than 30 days from the date the notice Is given to Borrower, by which the default must be cured; and (d) that railure to cure the default on or before the date bpecified In the notice may result In acceleration of the sums secured by this Security Instrument and sale of the Property at public auction at a date not less than 120 days In the fulure. The notice shall further inform Borrower or the right to reinstate after accclerallon, the right to bring a court aclloa to assert the non-existence of a default or any other defense of Borrower an to acceleration and sale, and any other matters required to be Included In the notice by Applicable Law. a the default Is not cured on or before the date specified In the notice, Lender nt is option, may °p require immediate payment In fall of all sums secured by this Security Instrument without further r� demand and may Involve the power of sale andlor any other remedies permitted by Applicable Low r' Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this C' Sccl Ion 22, Including, but not limited to, reasonable attorneys' fees and costs of title evidence c� If Lender invokes the power of bale, Lender shall give written notice to Trustee of the occurrence of an event of default and of Lender's election to cause the Property to be sold. Trustee and Lender .-- shall take such action regarding notice or sale and shall give such notices to Borrower and to other �+ persons as Applicable Law may require. After the time required by Applicable Law and after r publication of the notice of sale, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the nolleo of sale In one or more parcels and In any ortler 'Trustee determine. Trabice may postpone sale of the Property for a period or periods permitted by Applicable Law by public announeemwit at the time and place fixed In the notice of sale. Lender or Its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's deal conveying the Property without any covenant or warranty, expressed or Implied. The recitals in the Trustee's deed shall be prima facie evidence of the truth or the statements made therein. Trustee sball apply the proceeds of the sale in the following order: (a) to all expenses or the sale, Including, but not limited to, treasonable Tmslee'b and attorneys' fees; (b) to ail sums secured by [his Security Itvtrutnent; and (c) any excess to the person or persons legally entitled to It or to The clerk or the superior court of the county In which the gale took place. 23. Reconveyanee. Upon payment of all sums secured by this Socunly Instrument, Lender shall request Trustee to reeonvey the Property and shall surrender this Security Inslrunicul and all notes cvidau.ing W ASHINGTON.—Single Family —Fannie MadFreddle Mae UNIFORM INSTRUMENT Pam 3UR 3/01 0AWIAND s "EA1TaWa(mt1} (Pase 13 0115 pages) ToWiFUPIW9Sa09MDiu 6151911131 debt accused by flits Security Instrument to Trustee Trovec i,hall reconvey the Property without warranty to the person or persons legally entitled to it Such pemu or persons :hall pay any recordanon costs and the Trustee's fee for preparing the rcconveyanec 24, Substitute: Trustee. In accordance with Applicable Low, Lender may from time to tine appoint a successor trustee to any Trustee appointed hereunder who has omsed to act Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein and by Applicable Law 25. Use of Properly. The property is not used principally for agncultural purposes 26. Attorneys' Fees, Lender shall be entitled to recover its reasonable attorneys' fma and costs in any action or proceeding to construe or enforce any term of this Security Instrument The lem "attorneys' fees," whenever used in this Security Insirurnesu, shall include without limitation attorneys' fees uicutred by Lender in any bankruptcy proceeding or an appeal ORAL. AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT, OR TO FORBEAR FROM ENF ORCING REPAYMENT OIL A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. BY SIGNINO BELOW. Borrower accepts and agmes to the tuns and covenants contained is pages 1 through 15 of tlus Security Inanuneait and in any Rider executed by Borrower and recorded with it (Seal) (Seal) ENNETH E JOHN tiettowa tiocmwer u� rz r-- (seal) (Seal) A -Bomw6r -Borrower +~ r— h (Scat) (Seal) c v Borrower -AMMWCr WLt13CS3 Witncm WASnWGTON--Single pamdy—Fermi' hletfFreddteMacUNVORM INSTRUMENT Form 307E 1101 aaennnND • rrEM IML-14 r00111 {Page 14 o/ /SFagerl To aide GI1 1 000 &V 93MOTOM 616791 1131 Stateof Washington ) ) SS County of KING ) On this day personally appeared before we KENNETH E JOHNSON , to me known to be the individual(s) described In and who executed the within and foregoing Instrument, and acknowledged that he (she or they► signed the same as his (her or their) free and voluntary act and deed, for the tmw and purposes therein meatroned Given under my hand and official s aI ibis day of w �p�M! �;`►tt .��`jt16Slpy.% i00 i 11I cc m � t.?r ca 1 a04 It '••.. ..•• s ►``��11�1�� LA Ci tti rr ill IV Notary pubbem and for My cornnum on expires of Washington residing at ra.—Ie o 1YASHIN ION —Single Family—Faanta MarJPimitdle Mot UNIFORM I1N9TAtJMFM Farm 304a IIOI ITEM IDOL Ialaalq (PastlSoff3poses) ToDrtkrcylIWefimmmDruABIB 9lip� FIXED/ADJUSTABLE RATE RIDER (One -Year Treasury Index --Rule Cnjra--FIxed Rate Convcr-Jon Option) THIS FIXEDIADJUSTABLE RATE RIDER is made this 1 St day of December 2002 and is incorporated into and shall. be deemed to ainc id and supplement the Mortgage, Deed of Trust, or Sccanty Deed (the "Secunty Insirurneni") of the same date given by the undersigned ("Borrower") to secure Borrower's Fixed/Adjuslable Rate Note (the "Note") to Boeing Employeee Credit Union, a Washington Corporation ("Leader'l of the same dale and covering the property described in the Security uistrumeni and located at 14035 SE 122NO ST RENTON, WA 90059 rPropcny Address) THE NOTE PROVIDES FOR A CHANGE IN BORROWER'S FIXED INTEREST RATE TO AN ADJUSTABLE INTEREST RATE. THE NOTE LIMITS THE AMOUNT BORROWER'S ADJUSTABLE INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE, MAXIMUM RATE BORROWER MUST PAY. THE NOTE ALSO CONTAINS THE OPTION TO CONVERT THE ADJUSTABLE INTEREST RATE TO A NEW FIXED RATE, . ADDITIONAL. COVL'NANTS. In addition to the covenants and agreunerits made in the Security �++ Instrument, Borrower and Lender further covenant and agree as follows ci A. ADJUSTABLE RATE AND MONTHLY PAYMENT CHANGES t: The Note provides for an initial fixed micrest rate of 4 8750% The Note also provides for a roe change in the initial fixed rate to an adjustable rrttrxcst rate, as follows 4, ADJUSTABLE, INTEREST RATE AND MONTHLY PAYMENT CHANGES �— (A) Change Dates The initial fixed interest rate I will pay will rhrimge to an adjustable interest rate on the first day of -� January 2008 , xid the adjustable intemst rate I will pay may change on that day every 121b month iv thereafter The date on wbich my initial fixed inieresl rate changes to an adjustable interest rate, and each dale on which my adjustable interest rate could change, is called a " Cliange Dale" (B) The Index Beginning with the fast Change Date, my adjustable interest rate will be based on an Index The "Index" is the weekly average yield on [united States Treasury securities adjusted to a constant matunty of one-year, as made available by the federal Reserve Board She most recent Index figure available as of the date 45 days before e v h Change Dale i g called the "Current Index " if the Index iti no longer available, the Note Holder will choose a new index ibat iti based upon comparable information The (Vote Holder will give me notice of this choice (C) C'.alculatIon of Changes Before each Change Ddtc, the Note Holder will cnlctilatc my new interest rate by adding Two and Five Eighths percentage potnts ( 2 6250%) to the Current Index The Note Holder will then round the result of KULTISTATH FUL.DIAW MAALIZ RATE RIDER—ONKrYFAR"FASURY INDEX CONVt:It ISU--Single Family -- Fannie Moe Uniform Indruintm Norm 31831101 OREA7I.ANG 0 ITEM6746LI (0011i (Page f of 4P0803) ToOnw,,tlai I am 136gmnrir 616791 Itit this addition to the nearest one -eighth of one percentage point (0 125%) Subject to the lints Ualed In Section 4(D) below, this rounded amount will be my new interest rate uaUl the next Change Date The Nate Holder will then determine the amount of the monthly payment Owl would be sufficient to repay the unpaid principal that 1 am expected to owe at the Change Date in full on the Mntuniy Dale at my new Interest rate in substantially egiml payments The result of this calculation will be the new aniouiit of my monthly payment (D) Limits on Interest Rate Changes The interest rule I am mquued to pay at the first Change Date will not be grcaler lhrur 6 8750% or less than 2 8750 % Thereafter, my adjusinbie interest rate will never be increased or dear sed on any single Change Date by more than two percentage points from the rate of interest i have been paying for the preceding 12 months My Interest rate will never be greater than 9 8750%. which is called the "Maximum Rate" (I) Effective Dale of Changes My new interest rate will become effective on each Change Date I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again (F) NoticeorChanges The Note Holder will deliver or marl 10 me a molLce of the change tit my lmtldl fixed interest rate to an adjustable interest rate and of any changes in my adjustable interest rate before the effective date of any change The nonce will include the amount of my monthly payment, any information required by law to be given to me and also the title and telephone number of a person who will answer any question I may have regarding the notice B. 11XE0INTERESTRATE0P11ON The Note provides for Borrower'b option to convert from an adjustable interest rate with inlexesl rate ►n Iinuts to a new fixed interest rate, as follows iron S. FIXED INTEREST RATE CONVERSION OPTION (A) Option to Convert to Fixed Rate I have a Conversion option that I can exercise unless I rim in default or this Section 5(A) will not permit me to do so 'Ihe "Conversion Option" Is my option to convert the interest rate I am required to pay by Nthis Note from an adjustable rate wtlh interest rote limits to the fixed rate calculated under Section 5(B) below ,. The conversion can only lake place on the ftrst, second ur third Change Date Each Change Date on _72 winch my interest rate can covert from sit adjustable rate to a fixed rate also is called the "Conversion Data " 04 I can convert my lntcrost rate only on one of these three Conver-don Dates. if 1 want to exercise the Conversion Option, f mttst first meet certain conditions Those conditions are that (1)1 must give the Note Holder noticc that I want to do so, (n) on the Conversion Dale, I mast not be in default under the Note or the Security Instrument, (iu) by a date specified by the Note Holder, f must pay Lite Note Holder a conversion fee of U S $ 100 00 , and (iv)1 must sign and give the Note HDlder arty documents the Note Holder rcquirm to effect the cone mon (II) Calculation or Fixed Rate My new, fixed interest cote will be equal to Fannic Mae's required net yield ns of a date and time of day specified by the Note Holder for (i) if the original term of this Note i% greater than 15 years, 30-year fixed rate first mortgages covered by applicable 60-day mandatory delivery commrtmenta, plus five-ctghtbs of one percentage potat (0 625%), rounded to the nea=L one -eighth of one percentage point (0 125%), or (it) it the original term of this Note is 15 years or less, 15-year fixed rate first mortgages covered by applicable 60-day Form 31931/01 aAEATLAND ■ ITEM 674OU IOQt U (11oge2 of I paga) To ortco I am bm irxinru iia m im C= mandatory delivery comrmtme nth, plus flvc•cighths of one pera-ninge point (0 625%), rounded to the nearest one-clgbth of one percentage point (0 125%) It thm required net yield cannot be determined because the applicable comtmtmeatt, arc cot available, the Note Holder will determine my interest rate by using comparable information My new rate calculated under this Section 5(B) will not be greater didn the Maximuin Rate stated in Section 4(D) above (C) New Payment Amount and Effective Data If 1 choose to exercise the Conversion Option, the Note Holder will determine the amount of the monthly payment that would be sufficient to repay the unpaid principal I am expected to owe on the Convcrsion Date in ful I on the Matunty Date at my new fixed interest rate in substantially equal paymoos Tile result of this eadculatton will be the new amaunl of my monthly payment Beginning with my first monthly payment after the Conversion Date. I will prey the new amount as my monthly payment until the Maturity Date C. TRANSFER OF THE PROPERTY OR A BMFICLAL, INTEREST IN BORROWER 1 Unul Borrower's initial fixed interest rate changes to an adjustable interest rate under the terms stated in Section A above, or after Bormwer exert = the Conversion Option under the conditions stated in Section B above, Umfo m Covenant 18 of the Security Instrument al It mad as follows Tranarer of the Property or a Beneficial Intermit In Borrower. As used to this Section 18, "Interest in the Property" means any legal or bemefietal micrest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for dead, wstallmcnt sales contract or escrow agrecrntrit, the intent of which is the tmnsfer of title by Borrower at a future date to a ptuchaser If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest In Borrower is sold or transferred) without Lender's prior wnticn consent, Lender may require immediate payment in full of all sums secured by tins Securely Instrument however, thin option shall not be exerc-mid by Lender rf such exercise is prohibited by Applicable Law If Lender exercises this opUoo. Lender shall give Borrower notice of acceleration The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Sermon 15 within which Borrower must pay all sums secured by this Security Instrument If Borrower farts to pay these sums prior to the expiration of this period, Lender may invoice any remedies permitted by this Se runty Instrument without further notice or demand on Borrower 2 When Borrower's initial fixed interest rate changes to do .idjIudable interest rate under the terms stated in Section A above, and timtd Borrower exaciscrs the Conversion Option under the conditions slated m Section B above:, Uniform Covenant 18 of the Securely Instrument described in Section CI above sliall cease to be m effect, and the provisions of Uniform Covenant 18 of the Security Instrumeni shall be amended to read as follows Transfer of the Property or a Beneficial Interest In Borrower. As used in this Section 18, "Interest in the Properly" means any legal or beneficial intent rn the property. including, but not limited to, those beneficial interests tmnsfarmrl rn a bond for deed, contract for deed, insWiment sales contract or escrow dgrecrncni, the intent of whu.h is the transfer of title by Borrower at a future date to a purchaser If all or any past of the Property or any Interest in the Property to sold or inunsfczrcd (or if Borrower is not a naltWW person and a beneficial interest in Borrower is sold or transferrer!) without Lender's prior written conscut, Leander may mgiurc nmmeelydic payment in full of all Furm 31931101 OREATUMD ■ MM 1748t3 (0011) (Page J a/ 4 paper) 7o arde trd 1 WO SM 13230Frs 416 1911431 stuns secured by this Secunty Instrument however, this option sha11 not be exercised by Lander d such exercise is prohibited by Applicable Law Lender also shall not exercise this option if (a) Borrower causes to be submitted to Lmder information required by Lender to evaluate the intended transfer= as if a new loan wcic being made to the transferee, and (b) Lends reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant oragroemcni in this Secunty Instrument is acceptable to tinder To the extent permitted by Applicable Law, Lender may charge a reawnable fee as a condition to Leuda's consent to the Iona asmimpuou Lender also may raluirc the transferee to sign an assumption agrrxmcat that is acceptable to Leilder and that obligates die transferee to keep all the promises and agreements made in the Mote and in this Security Instrument Borrower will continue to be obligated under the (vote and this Security Instrument tuilcss lender releases Borrower in writing If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration The noucc shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all smms [secured by this Security Instrument If Borrower fails to pay these sums prior to the expiration of this period, Leader may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained to pages I through A of this Fixed/Adjustable Rat Rider E NETH E JOHNS nosrower MEM 67MA LODl 11 — (Seal) -Borrow" _(Seal) -(Seal) .13wmwcr tiorrower (Seal) — _, (SCA) -harrower Borrower Mar 0 014 posts) Farm 31531101 To Omn GI[ i tea sere UM Crag Ito 29L i 101 CHICAGO TITLE INSURANCE COMPANY 701 FIFTH AVENUE, #3400, SEATTI.,E, WA 98104 PHONEFAX: (fib} S 657 ORDER NO: 001240975 YOUR NO: UNIT NO: 10 LOAN NO: '`-�1�'��I�TI��Y • ulul �� v O R D E R R E F E R R N C E I N F O R M A T I O N SUPPLEMENTAL NUMBER: 1 SELLER: KENNETH JOHNSON PURCHASER/BORROWER: JAYMARC HOLDINGS, L.L.C. PROPERTY ADDRESS: WASHINGTON Our Title Commitment dated 07/05/07 at B:00 A.M. is supplemented as follows: v T MB HAS BEEN NO CHANGE IN THIS COMMITMENT SINCE DULY 5, 2007. r JULY 26, 2007 AUTHORIZED BY. MIKE HARRIS r NOTE: THE FOLLOWING PARTIES HAVE BEEN SENT A COPY OF THIS SUPPLEMENTAL COMMITMENT: CPI/RENA SAUNIER RENA SAUNIER 3/2 JAYMARC DEVELOPMENT (RENTON) KRIS LABRIE 1/1 ESM CONSULTING ENGINEERS MATT CYR 1/1 BAROKAS, MARTIN AND TOMLINSON LARRY L. BAROKAS 1/1 SATTERSERG HEALY LAW FIRM JAMES M. EECKHOUDT 1/1 CENTRE POINTE SURVEYING STEVE WOODS 1/1 JAEGER ENGINEERING JIM JAEGER 1/1 sCFMC0M/UA/0M Q CHICAGO TITLE INSURANCE COMPANY 701 FIFTH AVENUE, #3400, SEATTLE, WA 98104 peVELOP e ,sovi NG ClN ORDER NO: YUNIT NO: LOAN NO: PHONE: (628-562:3 FAX (206)628-5657 SUPPLEMENTAL COMMITMENT #2 001179476 LEFLER 10 O R D E R R E F E R E N C E I N F O R M A T I O N SUPPLEMENTAL NUMBER: 2 OF THE SECOND CERTIFICATE SELLER: PURCHASER/BORROWER: SEATTLE REDEVELOPMENT, LLC PROPERTY ADDRESS: WASHINGTON Our Title Commitment dated 10/04/06 at 8:00 A.M. is supplemented as follows: R THE VESTING IN PARAGRAPH THREE OF SCHEDULE A OF OUR COMMITMENT IS AMENDED AS FOLLOWS: J & M LAND DEVELOPMENT INC., A WASHINGTON CORPORATION s THE FOLLOWING PARAGRAPH(S) HAS (HAVE) BEEN ADDED TO OUR COMMITMENT: r PARAGRAPH NUMBER 5: v 1. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: J & M LAND DEVELOPMENT INC., A WASHINGTON CORPORATION TRUSTEE: CHICAGO TITLE INSURANCE COMPANY BENEFICIARY: FOUNDATION BANK AMOUNT: $ 1,250,000.00 DATED: JULY 25, 2007 RECORDED: JULY 30, 2007 RECORDING NUMBER: 20070730001791 LOAN NUMBER: --- 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. v PARAGRAPH NUMBER(S) 3 HAS (HAVE) BEEN AMENDED AS FOLLOWS: SEE NEXT PAGE r. RMPW)M/RDgQM A r CHICAGO TITLE INSURANCE COMPANY Order No.: 1179476 Your No.: LEFLER Unit No.: 10 SUPPLEMENTAL CObEfflMENT (Continued) 2. 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 NUMBER: LEVY CODE: ASSESSED VALUE -LAND: ASSESSED VALUE -IMPROVEMENTS: GENERAL & SPECIAL TAXES: 2007 102305-9208-07 4342 $ 295,000.00 $ 5,000.00 BILLED: $ 3,588.65 PAID: $ 1,794.33 UNPAID: $ 1,794.32 THERE HAS BEEN NO CHANGE IN THIS COMMITMENT SINCE OCTOBER 4, 2006, EXCEPT AS SHOWN HEREIN ABOVE AND ON SUPPLEMENTAL(S) 1. Y SEPTEMBER 21, 2007 AUTHORIZED BY: MIKE HARRIS a NOTE: THE FOLLOWING PARTIES HAVE BEEN SENT A COPY OF THIS SUPPLEMENTAL COMMITMENT: ESM CONSULTING ENGINEERS MATT CYR 1/1 SEATTLE REDEVELOPMENT MARC ROUSSO 2/1 :+a 2007062E3000224.OM I 4 WHENF RETURNTO J & M LAND DEVELOPMENT ING, 555 SOUTH FENTON VUAW PLACE STE, 775 RE?MK WASHINGTON OW E2294799 au�ao o is,m;: °00 PACEOet OP all CHICAGO TITLE INSURANCE COMPANY 1179475 STATUTORY WARRANTY DEED M GRAxP RM CIEVID S. LEFLER AN UNENOW MAN, UMUE R.103w3NORTHYA MARRIED MAN, DEBBIE KB WpTTTHY AN UNMARRIED WOMAN AND VIM L THOMPSON AMARRIED WOMAN, EACH AS TO A ONE.QWRTER IN 1 ERESTAS THEIR SEPARATE ESTATES for end is cmidentlon of TEN DOLLARS AND OTHER GOOD AND VA UABLE CONSMATION in Land paid, cmays and watraM to J 5 M LAND DEVELDIV NT, INC.,AWASIINOTON CORPORATION ft faliawmg dowled seal mute sltwad in the Cmmty of pm Stato of Wuwngfm. THE WEST HALF OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OP THE NORTHWEST OEURTER OF THE SOUTHEAST M ARTER OF SECTION 10, TOWNSHIP 29 NORM RUM 5 EAST, W,ML, IN 14N0 COUNTY, WASHMGT0l* TOGETHER WITH AN EASEMENT FOR ROAD AND UTILITY PURPOSES OVER AND ACROSS THE SOUTH 30 FEET AND THE; WEST 30 FEET OF THE FAST HALF OF THE SOUTH HALF OF THE SOUTHWEST ST QUARTER OF THE NORnw.E9T GLWRTE R OF THE SOUTHEAST QUARTER OF SAID SE M)ON 14 TAT ANY PORTION OF SAID EASEMENT LYINaVdIM THE COUNTY ROAR. SUELIE CT TO: EX=WNS SET FORTH ON ATTACHED EXH BTT'll TWO BY THIS REFERENCE MADE PART HERE:OFAS IF FULLY INCORPORATED HERE K CHICAGO MU M CO REND fix-/o TaXAccomd Nambu(s): 1o�a5�oao7 Dated: JUNE 14, anm f WIN — ".:+;� LPB14/Ea.C/owwa %0% 20070M000221.002 F k STATE OF WASHINGTON SS COUNTY OF ICING ON THIS �r DAY OF JUNK, 2007 BEFORS MOB, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON, DULY COMMISSIONED AND SWORN. PERSONALLY APPEARED DEBBIE ICENWORTHY XWO➢PN TO ME TO BE THE IDIDIVIDUAL(S) DESCRIBED IN AND WHO ERRCUTED THE WITHIN INSTRUMENT AND ACKNOWLEDGED THAT SHE SIGNED AND SEALED THE SAME AS HER FREE AND VOLUNTARY ACT AND DEED, FOR THE USES AND PURPOSES HEREIN MENTIONED. NOTARY �I�ITURE / } 'M� rAW PRINTED NAME: NOTARY PUBLIC THE STATE OF WASHI1i ; RESIDING AT j S XY COMMSSION RFS ON /7ot) 4 * , STATE OF WASHINGTON SS COUNTY OF KING ON THIS l DAY OF JUNE, 2007 BEFORE MEt THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR THE STATE OF WASHINCU'M, DULY COMMISSIONED AND SWORN, PERSCI LLY APPEARED GBRALD S. LEFUM, LESLIE R. KENWORTHT AND VICKY L. THOMPSON KNOWN TO ME TO BE THS INAIVIDUAL(S) DESCRIBED IN AND WHO EXECUTED THE WITHIN INSTRUMENT AND ACKNOWLE = THAT THEY SION= AND SEALED THE SAME AS THEIR FREE AND VOLUNTARY ACT AND DEED, FOR THE USES AND PURPOSES HEREIN MENTIONED. 14"' NOTARY/SIGNATURE PRINM NAMIS r _ aAZ . C/ i.K./ v1 W NCYPARY PUBLIC IN AaD FO THE STATE OF WASHINGTON RESIDING AT iMY Comisslow w14tES ON 20070U9000221.003 cmmoo TmE IpEs MANGE COWANY EXMrr A EmcwNo.:1179475 EASEMENT AND THE TERNS AND CONDITIONS THEREOF: RESERVED BY-. ARTHUR C. SORUNSON AND BX= E. SORENSON, HIS WIFE PURPOSE: ROAD AND UTILITY PURPOSES AREA AFFECTED: THE EAST 30 FEET RSCORDED: DECEMBER 12, 1960 RECORDING NUMBER: 523176E ROAD MAINTENANCE AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: NOVM9= 13, 1987 RECORDING NUMBER: 8712132412 2007073=1791.001 RETURN ADDRESS: FOLWATION BM 1110 112tk Avembo Wn b"ufte 100 Bef wo,WA GOM DEED OF TRUST DATE: July 25, M07 Reference # QI applicable): Addltlonal on page — Grantor(s): 1. J & M LAND DEVELOPMENT INC. Grantee(e) 1. FOUNDATION BANK 2. Chicago We Insurance Company, Trustee Legal DewApdon: PTN NW SE. 10 29-5 Additional on page 2 j Assessor's Tax Parcel ID#: 102305-9208-07 THIS DEED OF TRUST Is dated July 25, 2007, among J & M LAND DEVELOPMENT INC., a Vvashington oorperatlon, whose pddresa IS 556 & Renton Vafte-PI.4774 Renton, INA. 98M ("Grsn e); FOUNDATION BANK, Whom- ina8ing'•eddrdW-14 11T0 "112th Avenue NE, Sub 100, Bellevue, WA 980D4 (referred to below m soetbrM.aa "Lender" and sometime as "BarieficLanr'i and CWcago Title Insurance Company, whose nailing address Is 701 Fltth Ave, Suite 3400, Seattle, WA 98104 (referred to below as "Trustee"}. CKCAGO M IN& COQ REFO 1LZYV21--J¢ 20070730001791.J= DEED OF 'TRUST (Continued) Page 2 OONVEVANCE AND GRANT. Par vatuabte 001131deralkA Grantor conveys 10 Tntatee In bust WIN power of sea, right of entry and possession and for On b@MM of Lender as Bon alWary, all of Gn tors right, No, and Intsrnst In and to to UmIng dnsafbed reel property. togaler with OD rhstng or subsequently erected or WT=d buildings, imprauemords and blurm at easernoo t6 rtohh of way. and appurtenances: all yetis, walor rights and ditch right& Tuhifdrg stodn In WIN w4h ctiloh or IrOgatton rlptrle$ and ere other rights, royofffes, sod profit& relating to the reel W inciL ding Wittcrt timtation st mtnohals, ok gas, gedhemel and dmlr mattes, (the 'Real Property') locsled n G County, State Of Washington: THE WEST HALF OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 6 EAST, W.N4, IN KING COUNTY, WASHINGTON; TOGETHER WITH AN EASEMENT FOR ROAD AND UTILITY PURPOSES OVER AND ACROSS THE SOUTH 30 FEET AND THE WEST 30 FEET OF THE EAST HALF OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUIiII:AST OUARTER OF SAID SECTION 10; EXCEPT ANY PORTION OF SAID EASEMENT LYING WITHIN THE COUNTY ROAD. The Real Property or Rs address is commonly known as 14102 S.E. 124th Stre4 RENTON, WA 98059. The Real Property tax WentBLsallon number Is 102305-9208-07. RIAOULVDGG LINE OF MIEDIT. This need of Treat secures the IndebtaNnsas Including, witdoll UnAtodon, a revdvhg lira of eredit, with a vartebfa role of Morsel, which obligates LwxW to mace advances to Grantor no long as Greater cernpas with pt the terms of to Note and the Una of emu has not be" laminated, suspended or catmelcad; the Note allows negative emu all" Funds may he advanced by Lender, rapald, and subsequently raadveamd. The urfold balance of the ravandng Ina of uedll may at certain times be lower than the amount ahwn or Ilia. A mro hnfine does not temdnade Una One of creat or tennlrade Larder% obligation to advfinea funds to Oranhw. Therefore, the lien of lids Dead of Trutt wall rernabn ba tell force and ~ nobxglatmuUnp any =0 balance. Grerdv hereby assigns as swufiy to Lander, all of Glraraoft rigid, tta, and ldanv! In and to al leaves, Rant&, and proft of the Pmpary This asslgrunent Is axorded In accrdanoo Mth RCW 6UASM. f4o tan created by fhb amignmerd is Awxkd to be specldo, podaetad and choale upon Do recodkp of ttds Deed of Trust. Lander graft to GmMor a torso b collect the Rrde and pmft which license may be mvaked d Landers option and shill be automalially revoked upon aoceleatim of all or pert of the Indebtedness. TITS MED OF TRUST. INCLUDING TM ASSIGNMENT OF RENIB AND THE SECURITY INTEREST IN IM REM AND PERSONAL PROPERTY, IS GNEN TO SECURE (A; PAYMENT OF THE It W!"EDNESS AND 03) PEAFORMANCE OF ANY AND ALL OPL.IGATUM UNIOM TIE NOTE, THE RELATED DOCUMII]GTS, AND THIS DEED OF TRUST. THIS DEED CFTRUST M WAN AND ACCEPTED ON THE FOLLOWING TERM PAYMENT AND PERPORMANCIL Eo* a oftemMe provided In Mir Deed of Trust, Grantor shal pay to Lender as amounts sowed by this Deed of Trust as they become dw, and shall shippy and 1n a coney manna perform all of Qrseloea d*40oM under the Nola, his Deed of Trust. and the Related Doeuments. PION AND MAINTENANCE OF THE PROPEM. Gmntr agrees that Gmrdo* possession and use of tare Property that be governed by to follovring prouldons¢ possesakn and use. Ural the occurtonce of an event of Oeku% Grantor may (1) rosin In possession and oonbd of On Property; M sae, opwtm or manage the Property; and (a) called the Rants from the Property Qfut& privilege Is a license from Landr 10 Grantor eubmatCety revoked upon def U4 The fdovi a Pnpv *m remte to the use of to Property or to other Ihnlla ens on the Property. The Real Property is not used pdndpaly for &Whftxd purposes. Duty to Mahrtalm Grantor shall maintain the Pmprty In to ardabte corrdtlon and prornWly pin an rapalm rapleaenantr, and mahnloneroe necessary b pmarve is vehrw Niuhonoe, Waste Grantor ahaA nil aauza ooad+Hd or permit any nrfbance nr oamrtht prnnrit, er arNr any stfpp5ng of or wafts an or to the property o arry portion d the Property. Wdhmt fmft the goneratiy of the foregoing, Grantor will not rernove. or Ward to any other parry the rlgld to ronwv% any 11mbr, einorels Qndudng of and gas), oosl day, sonde, eel, gravel or rook products wtthaut Landes prWv ritten comea Ramaval of Improvermoft GranV shall not demolish or rarrove any improvements from Ie Foal Property WOW Lender's prior wdtlen consent. As a oondllian to the rsmovd of any In>prommmenb, Lender may requite Grantor to take affangemeds u1slaotory to Lender to replem such Improvernenfs with Improvermnis of 41 lead equal vakfa. Leader% Right to Enter. lender and LoAder's agents and represedetves may order Man the Real Property nt al reasonable Imm to dlrnd to Landry Intersets and to ksped the Red Property for purposes of Grantor's oompsum with its totes and candutiorhs of ads Dead of Trust. C-VII-ce artth Governmadat RegdranarrM Gfafder t W promptlySoapy, end IW promptly arms oompknes by all agent&, tenets or other persons or aMiBee of &vary muss rriaboever who sort% leave or ommosa use or occupy the Property In any rrsrmar, With an taws, ordnannm, and regulations, now or hereafter In eaed, of err guvamnontal autnorf in app6abta to the use or occupancy of to Pmporty, Inducing without tndhton, the Americans Wth Olean Aof. ' &aridor may eoMed In good faith any such law. ondirance. or regulatim and w@hhold compliaros during any pmencilng, IaasArdng approprkb appooK to long a. Grantor has notified Lender to writing prig to Vining so and an bV as, In Lender's sole opinion, Lender's hdaests In de Papery are nil jeopardbed. Lender may require Grantor to 009 fidequala SovLOW or a sroty bond, yeasonably satisfactory to Lsndv, to protect Landar's tntment. Duty to Protect. Grantor agrees neither to abandon or leave undlanded the Property. G9ardor shall do at otter sots, In addition to those act& ad forth above In this $Golan. Which from the oraractr and use of to Property are resaaneby naoessary to protect and prosom to Properly. DUE ON TALL — CONSENT BY LENDER. Lander may, at Lendr's oplim (I) declare Immediately der and payable an seta seared by Ihfs Dead of Thal or (S) Imene the Interest rate provided for In the Note or truer docmeri v6dendrg the Indsbfadness and hnpow such dhr condllom as Lender deems appmpr%to, upon to sale or bander, without La ndars prior written coosa l; of et or any put of to Red Property, or am interest In the Beal Property. A vale or iratdW moan Ua wraryance orequitablinwhew wkadry or Invopmy;torwhetnar bo ly VeN sale, dead. Irmialmaoent sale *nA land =*so , eontct afor dead, leasehold Inlrrd rah a Lamy grad* than three (3) years, lease-optlon codrad, or by sslo, asdonme d, or h'sn t of try benow bnbrod in or to any land blot holding We to the Red Property, or by ary other matnod of oomreyanoe of an b ylval to ter N, 20070730001791.003 DEED OF TRUST (Continued) page 3 Rawl property. ti any Grantor Is a eorpaatlat, parbmmMp or knbd iWMV company, hanster also includes any ohm" In awn —tip of mere than Nianty4va percent (H%) of see voing dodo, partnership Interests or Bmtiad liability company Interests, as the ogee may be, of such Grantor. K wow, this option Od not be maerdsrd by Lender I such maacl a is proftrad by bdrd knew or by WuWr#w law. TAXES AND I MN13. The foWng Provisions mktfrp to the taxes and lions on the Property an s pad of this Deed d Tneb Prime t Grantor shah pay when due (and in all ewnb pdor to ddnquaw d Lama, speed beM auassmads, chmyes (kdudng water and wwerj, then and Impositions WAW apdnrsl or on eccoud of the Property, and stay pry when due al dams for work dorm on or for saMon rendared or mabrid furnished to the Property. Grantor shall malrllsin the Property he of all lone having prIoriy ovor or equal to the tmerost of Lander under Lids Deed of Tent, awntel for tle tan of t7rm and anacemerds not due and except as otherwise provided in this Deed of Thal Right to Conceal. Qmnkr may withhold payment of merry tax asset n ant, or palm In connection with a good With dispute over the abipetlon to pay, so lore as lender's Interest In the Property Is not *pard md. ti a non arises or Is Mad as a result of nonpayment, GmMw and within slaw (16) days alter the Pan arhas or, If a Ban Is Mad, adtlin filban (16) days ahw Grantor has notice at the Snp, swurs the dim" of the lan, or I requested by Lander, dwoolt with Lander rash or a sufficient corporate smamdy band or other saaudty sngetectxy to Lends in an amount suf eland b claehsaps the Ban plus any ooalt and attorneyY lase, or rimer aharges that aouad aowA as a rouAl d a foredastae or ads under the Ban. In aay'conlad, Grantor ahW defend bW and Lander and shall ad* any adverse judgment baforo anforoerrent agelrat fe Property. Grantor obd rwna Lender m en addlond obigw undarary aunty bond knnlahed In the Con" prooeadnge, Evfderim at Paymert. Grantor shah opoe demand furnM to Lender uWactayr suldaroe of paym rd of the tames or assournsrtta and sW etdhads the appropriate governments! W&W to deliver to Lander d any lime a written sralsmert of Ie tmw end Lnesamr+b against the property. MoCco of Condructico. Gmrdw that no* tender at Isaac fifteen (15) days betare any work Is pcirmw ed. any sarvbse am furntshad, ar any materiofe are uppled to ire Property, I eq nra&MV5 lr4 malrtsSman's ten, or offer let noted be attethd on aomtlnt a1 Ere wa k, ervbn, a metwW and fe oW o oeede B5,t1DD 00 Granior wf upon mquw of Lender tlftdah to Lander advance awnrxxs R9shc1ca to fonder gat Granter can and will pay the cost of such kppe mmuft PROPERTY DAI.iAGE INSISU IX The folowN PoMors reattlg to fr surfiV the Property are ■ part of this Dead of Trust. ltiMena Loa of Inswarum Grantor dal procure and aatrdaht patidw of lra insurance *sits AuxW mdended coara o endomameMt on a rapboamerd butt for du hd Insurable value ow#wk g aB Improvwnaraa an fe Real Properly In an amount adBdent to avold apploa lon d any ooinsuanoe statue, and wBh a standard morlptin dam In favor of landw. Grantor dal also procure and maintain oo prdaraive Beard Beblity Insurance In such omwage amounts as Lander may nquset wlh Trustee and Lander berg named a addlonal Iraurads In such Baleft Insurance Adrdilenaty, al , Granter dmattakn such other Irmnec . Indudng but net Imle ed to hazard, business npson, and briar Insurance as Leader may reasonably roqutn. Policies shall be milan In Gam, amount, oawagee and bests sees nW* acceptable is Lander and i:ered by a company or companies reasonably acceptable to Lander. Grantor, upon request of lender. will delver to. Lander from time to time the pnGcisa or milloates of Inuance in lam agisiadbry Lander, kdu&g dpuldGm that oororages will not be owmM or drdntshad without at leaf Ian (.10) data prior wdarh rain to lender. Each lounnoo penny also shah Include an uWoraemsnl pro icam that oevraw In favor d Lander veil not be hnpphed In any way by any *4 amisdart or dwkud of Grantor or any otter parum. Should the Real Pnpsrty be located In an arse dadgnaied by the Director d the Federal Smargenoy Mannewat Aganty as a special load hoard aura, Grantor agrees to obtain and maintain Fertref Pload Inrsarwa. I avaloble, for Ile hA unpaid prheipal behnoe at the lean and any prior Bens on tie property wcuring le ke n, up to the maximum policy lmb vet under the National Flood immnoo Program. or as ahxwiw required by Larder, and to melntdn such Inwaanoa for Una term of the loan. Application of Proceeds. Grantor dell promptly noly Lender of any loss or damage to 1fe Propry l fe sapmated cad at spat a reQlaeement aa®edt i6A00u00. Candor may make prod of face Grantor table do so wi11in Alaan (15) days of the casually. 1llet w or not Landarls warily t Lmpatn4 Under may, at Landers deatlon, ace! a and retail the proonacls d any fouruce and appy the proceeds to the roduclfon of the Indabiedmess, paymtud of any Ban dffK tg the Property, or Ore redandon and repair of the Property. Ir Lander elects to apply fe proceeds to restoration and repair. [ranter tail repair or rspfew the damngad or destroyed Imptovenenhs In a meaner sstistattory to Lender. Lender sfal, upon tafidadory prod of such dmandhre, pay or reftu es Grantor from the prcorrds for tie reasonable cost at spat a restoration I Granter he not In deistic under Suds Dead dTha Any proceeds which have rot been dtsb lewd wM 180 days afior their roodpt and which Lander has not committed to be repair or restoration of fen Properly dial be used lab to pay any amount owing to Lander under Ids Dead of Trust, them to pay owned Intend, and fe mmainder, V W. shall be applied to the Otnalpd balance of see indebtedness, If Lender holds army prmesds attar payment In hen of the Indebtedness, such Prtoaods slap be pall wlbU hhfonst to Granter as Grantor's ihtertmah any apow. Granter's Report an Insurance. Upon aaqueat of Under. have or not mass than once a year. Gmnfor dall by tsh b Gander a report on aaeh wdsft policy of bounium stro t; (1) fa rare of the bwzw, M the r6ks !oared; (3) the amount at to policy; (4) she property Irralrnd, the tierce oulraxl ►eplacamant w to of such property. and tie manrw of dotearkir19 that wkw and (5) the w0ndfon data of On ploy. Granter anal. upon reaued of !.reds. tat an 6ndeprhded apprdsr asil:faciay 10 Lertder ddemdno the rash wee rrplaosnerd cast of" LBOgRIS MWMM •rlRM it any action or prooesdim Is commrereftel wood mattidaly affect tendar's Intaresh In me Pnpsry a K Omnfartab to doMpy wM any prdNslon of ate Davit of Trust or any Related Docunnsntailn cludng btdnet limited to Chantey falens to d1wharga or pay when due any amounts Granter Is roqulned to d6ohrga or pay under tihb Dead of Trost or cry Ranted Dowmants, Lends on G w tore behaf may (but ahall not be oblgated to) take any adton fhd Under dooms appropriate, Including but not Untied to disc wit or prft al thtes. Bars waslyr IMsasla, ancumbranow and Over claims, at any ace levied or placed on go Property and paying all 0" for InRakg, maIntsi g and preeano rg eta ftpady, Al such mpandihm Inca red or. pad by Lender Iqr such Mom cell than bar Inferesl al tie tale charpad unds ore Nam from the doiO tnouned'dcpdd. y oMor, 'lM..*Io pf mpwymm t by Gmntor. Ati suoe egwt. a wW bmwo a part d thr indebtedness and. at Larndern a ptiavn wG' I'/Q bid pay" oer d wm*,, (9) be added to #w balance at 9% Nato and be appodbned among and he payable with any Installment payinents to b000mm due dutng alfer (1) Ina terra of any applicable Inswucoe policy; or (2) eta ram0 g term of the NOW6 of (C) be treated as a babe payment wh O will be due and payable at the Nda'a mab city. The Deed of Trust also sus seems puymard of these amouth. Such right shot be in addition to d ofw dots and remedlw to which Lander may be wMad upon Default. WARRANTY; PEFEM OF TITLE The fdbwbp provisions relating to awnemhip of the Property we a pad of #6 Deed of Truth Titie. Grantor warrants ihak (a) Granby holds good and rta*tAble IN of reowd to the Fno wb in fee s!mple, fray and door d ail hers and enc mrbrrxoat other than fww sal forth in the Pee Property deaortp m or in any BBa 20070790DOIT81.004 DEED OF TRUST (Continued). Page 4 hmmnce poky, tie spat, or final M6 apinlon bond In favor A and accepted by, Under In connecdon with this Deed d Trust, and (b) Grantor has the hd right, power, and authority to aiaoula and d*.w this Deed of Trmt to Larder. iDderna of Ties. SWjed to the ma=pton In the paragraph above, GmnW h um* and veil fosver defend to Mato the Property agalnat the lawful n Wms of all pareas. in the event arty matron or pmcndkng Is commonaad that queslos Grantor's Itim or the wored d Trustee or E odor under fhb Dud of Trust, Grantor shag daland the Salton of (3ranlada s penss. Grantor may be the nomfral party in arch prccadrg but Lander shoo be antlled to parkoate In the pmosedrg and to be repremiled In the procooft by aomsel c Lender's own cholM and Grantor will delver, or Tatum to be deilvered to Lander such Inshurmnh as Lender may squat from time to gma to permit such perfic0atlom Complimra Vft Laws. Grantor warrarb that the Raperfy and Grardars use of the PtrKherly emMIN with All r8ding appiloable Wm odinantss, and regulatlons of governmental mulhOdba. Survisel of RepasSnLilome mod waffaedla. Al rapraatallors, wumnks, and apraenleab made by Grantor In this Deed of TWO shall survive the exaculion and delvary of fhb Dad of Tnstr shah be oonInWrg In nature, and shag remain in hit force and Stied untl ach time as GmnWB Indebladnm shell be paid in hall. CONDEMMAT10H. The fdlmft praNsfans miallno to condemmme ton pmmdlrps am it part of this Deed of Tria Pmceedings. s any proceeding in condemnallon b 8@4 Grantor Shall pm"IM notify Candor In wrung, and Grantor stall pmmplfy fake such a" as may be rscasmy to dWWed the mtlon and obtaln the award. Grantor Tray be the ran inel party in such proceedrp, buA tartar shall be ordlAsd b pmo*m% In the procesdirp and to be npraeerdad in the prome&q by sounml of its own choice al at Grantors mp nw and Grantor wS dower or onuas b be dNvered to Lander such InrGunwNa and documentation a may be requsted by Lander from Om to tins to pwO such poldpasoa Appllaalion of Net Emceed& if d or cry pad d to Prop" b condemned by W&*M dorrakh prooadmps orby any prooee I ig or prsehma In lash of oondemadian, Lender may alb sMdw rogtfke that al or any portion of this net propssda of she award be applied to the lndobledrom or the repair or rsslormAlw of to PrtaoY• The net pnxmeds d ha award abet mean Do award albs pxp d at Sti reasonable costs, aicpones, and anmvW fees frcured by Trwles at Lender In oonnodon wah the condammation. I A9VMON OF TAXES, FaS AND CHARM 13Y GSNETUM MTAL AUSHORmEL The fclowI ImMons nefsibp to gwerrmental here. Imes; and charm axis a part of gas Deed of That Current T=M Pace and Charges Upon mquat by Lender, Grants shall macvla such docu m mill In addition to this Deed of rust and take wha*w other mason Is mquesled by Lender W porloct and continue LwWoes Iiee an to Real PrcpaAy. Granlor shall reimburse Lander for all +aims, as loathed below, t gWw Will al - I; - ireored in rocardn% pwlsaft or aongmrlrp ids Deed of TrL4 Indudmg wshaA lmgalon all taxes, fees, documentary Stang% and ether rAmoas for rooadrig or rogIsleAnp ,hie Deed of Thiel. Texas. The foAotdng shal mrmatume bcros to which ids anon appAos; (1) a SPWPD laic upon this type Of Dead al Trout or upon al or any pat of the ttndebledtuss secured by this Deed of Tnlak (2) a spaefAo tax on Grantor which Grantor b susodmd or required to deduct tam pSyranfs on On Indebtedness mcuad by this type of Deed at Trust; all or Say portion�te Indebladaas of Dood of Trustan psyr ensaft m b d p &4W and inlerat made by Grantor. ft Lender or the holder of the Nots; and (4) s aperiQa tppr on Subsequent TumL u arry Nx to which st sawaon ap0m Is aracled subMuent to the dale of tics Ord of Thud, INS rmi anal have no wms await a an E i of DWWA and teach may moardse any, or all d ss avallobb remoda for an Event of Detavlt as provided below urlom Grantor Other (1) pays to tax bob beoomn ddnquan4 or M oombsb the that as provided above in the Taira and Lions season and depasus with Linder cash or a amloleri caporele wady bad or other sourly saftleetory to lends. agCUFIITY A( MNsENT, FINANCING STATEXENTS. Ma folowfre provisions ndafitp to this Deed ofTrust as a mcvtiy sweenmM are a pad of this Deed of Trutt Saapmly Apra®sent This Instrument sh al cons lu b a Saxe* Apaw wd to the mdera any of sa Property mutes Warms, and Lander dal have off of to rights d a metered part' under to Un Rom Commercial Code as amrdad hem amtosae. Seemly Mi mat. L*cn raquod by Lander. Grantor shall fake whatavor Solon Is requested by Lender to pardd and contiCo nua ndors soetBsy Interest In this Reels erd Personal Pyaparty. In addition to recording this Dead d'f= In the red property rmords. Lander msy, at any Ome and wilhotd blw aushodmDor Aram Grantor, EM aoaawted czmWrpa % copies or reproductions of this Deed of Thud a a Itnandho statement Grantor shell mftura Lrndar for al cperces Iroun d In prlBc4ng ar consru ing sub seaetly IntraL ups► default, Grantor Shall rat remove, avar of detach the Parm Properly Arum to Properly. Upon dofmAt, Grantor shall assamblo any Personal Property not aided W the three days me WT of w�eA&n reasonably m Lander to this wrianl permMad apphxble law. to Grantor and Lender and m" h W Under witf4n Addresses. The ma M addresses of Grantor (debtor) and larder (tacufad perly) from whlah lnfdmalon concerning the uouily kdermd gradad by trb Deed at Trust mfly be obw" (each a mWasd by the UNform Comn rdel Coda ere a Stated on the drat page of this Dad of Trust. FURTHM ASSURANCM ATiORXEY4N-FACT. The folawap prnvbbre p LOV to further assurances, and altornop4m-fad arc a part of this Deed of That Furthmr Aaetcanoas, At any Ims, and from time to tee, upon ragred at Lender. Grantor will make, amine and delver, at wtti om m b be mode, mmouled or delivered. to Lender or to Landers designs, and when mgvww by Lander, calms to be Alaik recorded, rabod, or rerecorded. a the rase may bar d soh dma and In such albat and places as Lander may dear eppropri" cry and if such nw %phi deeds of buL em ly deeds, sect W apraanossumnos, oortMoatm and Ow docurnweb, m coAm n°in atatamarofUnder, hSemmn lane s Invader to dbcchtff prtook wa@nus, or pmewn (1) argritor`a obgoeliorm under the viols, this Deed of Test, and tea Related DcoumeMs, and (2) the lane and seaagy ln6arasts omabd by this Deed of Test as fW and pea tiro on the PmpoeY> wfather now owned or hereafter ScglAnod by Grantor. Unless praFrlllbd by law or Under agrees to the omtnuy In wr&Ck Grantor shall ralrbm&S, Lander tar d cods ud mparsa Irmaed In connedlon with the mates MbMW to In salt pancgraph. Ad m *&,FacL t Grantor fella todo any d tha thinps reler, bin the proceding p&mWaph Lendor rimy do to far and In the nacre of Grantor and at Grantors Operas. For such purposes. Grantor hereby lrroweabM SppolMs Lander as Grantors astray-in-W for the purpose of mslang, moecptsng. d*-tm, RIo, recording, and Holy ea other things as may be necessary at dselrable, In Lenders Bob oMm% tc sh000mPkIl to noises referred to In the praocdlp pUagmph. FULL PERFOM A M t Grantor pays u she Indebtedness wdan due, and ousrwiso parforms all to obtip ll m IrrpmW upon GnMa undw fhb Deed at Tnsf, Lender obeli execulm and ddvr to Tastes a requed to fit mcwmyame and dal aemrpAe and delver to Grantor aultable statamanb of Wmtndon c any tine rang statorreM on f➢e wfdodW Lmdr1S 20070790001791.006 DEED OF TRUST (ConUnued) Page 6 socuvlty Interest In fie FWnis and the PwwW Property. Arty mcanvoyance be shall be paid by Grantor, 11 pomitled by appeOnble law. The Wardae In any reeonveyance rney be descrWed as the 'peraan or person legally en i led thwW. and On recitals In the moonveyanoe of any metwa or tack ehal be eondusiva proof of the WMNlnese of airy such nWlwe or farms. EVEXIM OF DEFAULT. Each of the lolowtn ge of Londar's option, shall uonsflute an Ebert d Velour under this Deed of That Poymad 0011111111. Grantor fags to make any payrnerd when due under Ale indebtedness. Other Defaulls. Grantor falls to comply with or to parbrn any other term, obllpfloA covenant or condition oontained In this Deed of Trust or In arty of the Related Documents or to comply with or to perfam any term, oblgation, covenant or oondilon oorteblad In any other agraamard bebww Larder and Grants. Compilance DetaulL Mors to comply with any dtrw term, obigalal, covenant or condition aontobW In this Dead of TWK dis Nola a In any d amrorts. the Rd W Do Default al Other Payments. Fake of Grmdor whfdn the time mquhad by Ills Dead of Tnuet to mal a any payment for Imes or inwarm, or any dhor payment negase7 to prevent fft of or to argot dkclaroe of any Ian. Ddlgdt In Favor of Third Parties. Should Geller ddaLd under arty loan, edonhsbn of on d% socudly agrpwwj, pudsase ar safes agreement, aerV other agroan" in favor d any other croMor or F , 1, that may mete Wly abed any of Gn ntor's property or Grantors silly to repay the Indebtedness or perform their roWsctiva obligations carder tits Dood of Trud ar wry d the Retamd Dcounai Pals 8bllooMM Any vlorm*, ropressnitatlon or statamoot made or Nmklad to Lender by Grantor or on G?ra Ws behalf under tits Dead of Trust or the Related Documents la take or mtsisadln g In any ffm*W respect, airier now or at the time mode or furnished or becomes false or misleading at ahy time thawAv. Dalbottva ice. This Dead of Trust or cry of the Raided Docuawts ceases to be in fur forts end died (Including Mum of any colatoral document to smears a valid and pwtooted wonafv Interest or fen) at arty lima and for any raasar. Iruohrency. The dkaotutfon or lemtnallon of Grantors mdstenov as a going busier, the Insolw ay of Grantor, the appoWm*M of a raoohror for any pad of Gm to % property. any assignment fa the bwwdt of oradnors, any two of mWor woeKoW, or the commonowwwd of any pig under any bankruptcy of Insolvency laws by or against Grantor. Creditor or Foorlbiture Proceed' go. Cannaornoement of (arodostro or forfellaa procvaings, whether by Judfdel procesding, sW hoc, rWooseadon or any other method. by any creditor of Grantor or by any governmental seem against any property pgrdng the hndobladress. This Includes a garrdshmert of any at Grantors e000unfs, Inciudhhg 42 to the vald7 owith roreaaarsbbreas of Iho which IsLander. Homwer, this ewd of sthe ebeals of the cirodtw or lorteiberocaAW not Apply 9 Om Is a good �edrhg ftan and Grantor pd f Grantor the c Lends c kr ursnotp of thean auditor emamt d r triettweproceeding by n Its sob aid deposits VvIth der mnles. or a dhaatlm as beings an adem Is the orsdllor a forta4trpr rerarw or bond for the disptds Breach of OWef Agreemml. Any branch by Grants wider the lerms of say other egroement between Gnsrfar and Larder net ill not ;nnhedlad Win any grew pWW pmW*d thv*6 kmh dng.wlurcul Imttallon aM aWoonemi oahwmlg any 6ndebladnow or other obligation of Grantor to tendon, whWuw"mdsgng raw or haler. Brenta limning Gatumllor. Any of the pramdYng averts comas r Ilhh mapad 10 any Guarantor of any of the Indebtedreat or any Guarantor dWs or becgmos knconVotwo or levolm or dltputee the w * of, or kbVy and r. any G�elndabladness. In the ovord of a death, Lander. at Its oplim may, but shad not be required to. permit ow estate to assume urrandpbmly the oblgaforra adslhg wider the guarany In a awww saflshdory to Candor, end, In doing 1% cm any 6vwrt of Doesa Adverse Change. A material enclose change occurs In GmtWs Inanotal oonn iifpn. or Lender brows the prasped of payment or performanoa of the Indobtadresl Is Irnpakad Insa 'Iy. Lander in good Wh ba6eves Naef Insecure. R191111 to Cure. 11 Stay 6WMA slier Ilea it daladt In payment b arrabla and H Gmrdar has not been given a notice of e breech of tqe am* provider of this Dead of Trust wdhln the pr000 ft twelve 0 B) maths, I may be monad I Grantm of reed rig w itim notion from Lender demanding a" of such default (1) cures the dokWt within When (16) day% or (2) t the Mn MOM Moro Ilea Maim days, I nmedfaloly it kWs steps which Lender 11 , a in tarderk We dowedw till be suttictant to axe rho doW A and thereafter comlrwes and tlamplates all reasonable and necessary steps a 0latent to produce compliance so soon as mosonaby practical, RIMM AND REMMM ON MWALIT. If in Evad of Ddaul occurs under this Dead of Tnrst, at any Via ltneresAer, Tnatee or Lender may mocloe any one or more of the Wowing rights and reeudes: Ehmiorr at Remedim Election by Lender to pursue any remedy dal not ereende purxmd of arty other ranedy, and an election to make mpandikays or to tab action to pmfam an obligation of Grantor under Bit Dead of Trust, after Graatars talure to perkM shot not elect Landers right to declare a deW A and ommise its ranedes. Acemensle Ildebb Meal. Lender stet have the fight d Is opton to declare the or&@ Indebtedness Inn I My due aid poyabla indudfng any prepsyment poraltywHoh Gmsldorwould be required to pay. Foreclosu0. With neepoot to s1 orany W of to Red PrcPwly. tha Truchas sigh have ore figb to pwgis A Rawor d core" inQ'~� with and meormt Pr d Oyi epp�sA 6 eelewdgW a by ludlcfal faedm^ In then t1CC Awnodlaa. Wdh rasped to all a cry partcf the Pmmtad f mpwy. ladder sW have e10w dghb snit rem mgm d a secured parry under W UrdPorrn ComffdmW Code. Cogent herb. Lander stel.hav o to Aghd, WIDW nogoo•to Grantor to tab posssssion of and mango to Properly and called the Rants, Icluding amounts past'" anduripaidr and-oppy.pWpW proceeds, over and -oboe Lard costs. a�*W �ho I clOWneee. In Lwthamnoe of M right [antler may regitydahy 94aht or other hirer d Me th•operty to rent dosloM p Lender f Lnranr w orn few �Y to Lander. tf the Rends are caleoted iry'Lai der, then ctraotor imovocaby rp4n-test to endorse kushowls moelhad In payment thered In the name of firar>tor and !n rrgoCeta the cents and eo1aG the p[ooeods Payments by lane b or oter uses to Leedw In mgxmae . to Landeh.damand shot sel dy tine obAganona fa wtdch to pa anerds, wWU w or nd any Proper Wounds for to demand Mow; Lender may erarci9e fts rights under this subparagraph aph akher In person. by agent, or through a reeatvar. Appoint Rw olver. Lander stet haw the right to have a receiver appointed to take possession of all or ary pat d the tr1•operty, vdAh ne Power to prolxi end grassier the Proporty. to opersto to Property precadng or pig tarwioaue 20070730001791.006 DEED OF TRUST (Continued) Page 6 or Bate, and io calad the Raub from the Property and apply the pm000ds, over and above the sad all the rewlvorOlp. egoist me Indobwnere. The receiver may serve without bond If pernnitad by few. Landers right to the appointment d a rsceiwr that as d whether or not the apparent value of the properly ameeode the Indabladrow by a wftlantlal amount. Employmerd by l ondor shall root disquq* a person from uMnQ at a rmsivar. Teaa;W d SuRarenea. If Clamor renetm in pion of the Property after the Property is sold as provided above ar Lander othsrwho becomes a Titled to posseulon of the Pro p�y upon ddault d Gra ntor antor alai become a brand at adl ntrc= of Lander a the purchaser of the property and aha4 at lender's option, eltW (1) pay a reasonable rental for to use at Qe Property. or (QI nook fhe Property immWiately, upon the demand of Lender. Other Romedlea. Trustee ar Lander chef have any other right or romady pr&Aded In this Deed of That or Ore Note or avaltable at law or In equity, Mae* of Sale. Lander steel gW Grantor reasonable rwke of the lims end place of arty public sate of the Personnel Pn perty or at fha W* aft which any prtvata sale or other intended dFsposillm of Ore Personal Property Is 10 ba made. Reasonehla nodao shall near note ghee at lead tan (SO) days trI fha arm of the sale orndspoattion. Any sale of the Pomona! Properly may be made to conjunction With arty sale of 1he Rae] Prop". Safe of the Prolwfy. To fie =dent prnYBed by applicable law, Grantor hereby walwas any and fd dgtb to have the Peoparfy msrshoiled, In eumrdafruC Its nights and her Kb% the Trustee or Under that be to to sea al or any pet d the Propwly togetar ortepw&Wy, In ono sale or by sep-na sales. Lander star be or0ad to bid at arry public solo on all or any parlon d the Property. Atorrraya' Fear i?spences. If Lander Iratitulee any sail or action to ardor any at to berme of this Dead of That, Lander shall be a filed to momw shah sum as the oast may adWoo raasonahfe as attorneys? Fees a1 trial and upon any appeal. Wlater or not any court action Is imrol" and to the ardent not prohibited by low, all reaonatA manses Lander Incurs that In Lenders opinion are neoes ary d any time for the prottcTioa of Its Wisrod or to or lorcemo nt d lit rights steal become a part of fM Indebtedness payable on demand and steal boa kdered at the Nets ram kom to dale of the uWandture un9 rapsid. Erpermas covered by this ppaannpprr b kwhxhh wWwut Imtal wk however srb`ed to any Imtt under app io" kw, Larders dfonayd feet and London lolegal ate. whether or not tram is a fawmu ll, including attorneys fast and oparaas for bankruptcy proaedinp (Inoiuft elb to modhy or roams any nrbnelo day or in)urratlenl appeals, and any anti*AW pool-judgaeot collection sarvlons, the NO Of er—Ift ]Marls, ablawnp IAe reports (Inducing trod"" ueportsl survoyars' mporm, am applisal ism Nor kwxafv^ snot sees for fhs Tname, to to ended permitted by applicable law. (lma also as pay OW mat costs. In addle n to all oilier surm prodded by law. Wghls of Tastes Theme stet hava al d are a" and &ON of Lander as act foflh in this warx6% POIMERB AND OBLIGATIONS OF TRILSiEF- The faloidng provisions relating to the powers and obtfg one of Trustee WwvAnt to Lenda(at Iraauatoru) are part of Ibis Deed d Trust: Powaro of Tn m6. In addlon to al piowore or Trustee aridng as a meter of taw, Tnslee duel have, the power to lake the blowing rrctom wth rasped to the Property upon the wMm mgwd of Lands and Grantor: (n) )eia in preparing and eg a map a pad alto Red Property, Irdudlng the dedbation d skoela or oths rights to to public; (b) )dn In easement or Dead tlTnnat any to Ireeirlefton on d Lands fmd sad d(7re)oI in any sub rdWon or att er OWIge to Nosy. TfUttae dell cat be obligated b no* any other party of A penrlrg Bela under any other Ilea dead Bann, or of any action or proonting in whfoh Grantor. Lander, or 7rusme shell be a party, unless required by appleable law, a trnbm tho a0m orpmomdrhg is bm%M by Tnxim Tra*w Tnama ahal reed all qualtoadons roquirod for TrmW under applicable law, In addldw to the rights and mameAee sot forth above, wcil n neaped to erg or any pit of the Properly, On Thetas thtl have the rote( to lorwkso by notice and safe, ad Lender Mall have tiro fight to f wbm by p*W forealaum In tither eve in accordance wlh and to the be rodent prof ldod by applicable law. Sucenow Trustee. Lands, at Lenders option, may km time 10 time appoW a auccesor Trustee to any Tnelee appdMad under this Dad of That by an Vahaned amcuted and admawmdged by Lender and recorded in are of a all ue recorder of ICING County, We d Washington. The Wrumard shall contain. In addFton t0 all dha nratiars Nuraber when Dead of Trust is mccrded, and he norms and drag of the successor hulas ad the Inshurnerd steel be ateordad and adnowtedgod by Larder or is suoaessa s In tntaimt. The woomor hams, without eorry ryranoe of the Property, shell :lased to al are no, power, and dueler mrdared upon the Tnstes In Oda Dad of Tnal and by appifoebm iaw. This procedure for substitution of Trades thal gown to the wmkwom Of foil star praWtorn tar S"lutlan NOTTCES. Stb(od to appfoable law, and =cW for natoe required or tlawd by Ina to be glvrn in another manna, any nogce required to be given under this Dead of trust, Indudng witoout a mtailon any flatlet d detaufi and any notice of silo steel be given In wrtdng, and shall be effsatlw when atdualy deilvared, when adui ly received by tawac tloule (union dharwtra required by ravel when depostmd with a rWionsly recognized overn4M oauder, or, A meDed, when deposUd in the United Steles mat, as tad dams, cstieed or nglsf.rad mat pcatage prepaid, directed to the addfosses shown near the begbting of the Dead of TnaL At melee of notloes at foradosura torn tie hoktar of any ten which has priorty over flit Dead of Trust slat be sent to Lenders address, as shawm now the beginning of tie Dead of TnmrL Any pay may d*W de addrsas tar nnton wider tMt Dad d Twat by gktg formed wdtan roobm b tca oter peAko spe *ft tun the purpose d the nerve b b tangs the part¢e addrsas Forndlee purposes, Grantor agrees b keep Lends kdormed at all times of Grarbrk carved addross. tht)sct to applied b taw. and vzopt for notice required or allowed by law to be given in anathor marow, iI two Is more than one Grantor. any notices Chen by lands to any Gmrda b deemed to be noft Qtwn to d Gran" . NOTICE OF FINAL Ate. ORAL AGREENIENTS OR ORAL COMMITMENTS TO LOAN tIMM, ETCTEFCD CREDIT, OR TO i ORBSAR FROM BWMCING REPAYLIENT OF A DEBT ARE NOT ENFORIZABLE UNDER WASKNGPON LAW, COIAiTERPARTS. This Owed at Trust may be exscutd in aeuiderperts, each of whch shot be deemed = 01IIQW1 and at of which deft cmnditude aaa and the acme Watrumart. MISCELLANEOUS PROVISIONS. Thu blowing mbDelansora provisions am a part of ft Dead d?rust: Amentrmenla This Dead of Trust, WWher wuh any Routed Documents, cormlitu n do Snare understanding and agreement of the parkas as to tie matters col forth In this Dead of Trot. No aterauon of or amwWrmrm to this Deed of Tnm1 shall be epsotlwe unless given In wrltkng and signed by the party or pages sought to be charged or bound by the alcretion or amendment. Annual Rgxwl . iF the properly in used far purposes doer than Grantors raddenee, Grantor snal furnish to Linder. upon rogtm% a wittld smismanf of net operathg income received from the Rroparty during Grardors pTwAom fiscal 200707=1791.007 DEED OF TRUST (Continued) Page 7 year in such form and dotal as Lander shall ngldre. Tbt opm&V WOW &hail mean al cash mcsob from the Properly leas an cash c"ndfiLm made In connection with Ms operation of the Property. Arbitration. Grador mid Lander agree that W disputes, Claims and controverslas between them whet m individual, joint, or class In nature, arising from this Dead of Trust or pll ea rise, bwhudhng without waftoon contract and loft dlepti as, ehau be arbitrated Pursuant to the Rules of the American Arbitration Assoclaffan In effect at the lime the palm Is Wed, upon request of either pally. NO ad to lake err dispose of any Property shall canaUtufa a waiver of this mill an agroemord or be prohibited by thla arbitration agreement. This includes, without tlmiFatfon, obtaining infiancilve milef era temporary matrah ing order, Itvokbng a power of sale under any deed of trust or mega W,, obfbb intg a will at attachment or Imposition of a rscalver, or exu7dsfng arty fights rolaling to peraonai property, including InIft or disposing of such property with or without judiclat process pursuant to ArUala a of We UknMorm Commercial Coda. Any disp be, alekns, or controverafes cancmnnhg the iawMnaaa a Tanu labtenase of afy act, or exesidee ut AGMcoticaMM4.mly Property, IackaMng Any Claim. 10 rearabid, reform, or otharwira modify ply sgn»pnard raisflna to the Property, *ban also be arhttraled, provided however Cut no wbibsdor ahaii have the r4M or the power to enjoin or ressrala Any aol of any party. Judgment ltpon try award rendered boy my arhltraTay or maybe entered in pry mffl having puMMIora Nothing in this Deed of Trust shall proWide any of I< pns, estoppel, WNW, Imatty p similar doctrines w would st ot�ri ha compedent � The atabda brought by a party shell be appdrable In any arbitration procesdbhg, one the eammancef off an arbllrmlon d apply Fedarar axWlmUpr' Ad Cie maatructim btferprelarier% and saforoernard of this arbitration opr Caption Heading& Caption haadtnlp In this Deed of Test are for convenience purposes only and am not to be used to interpret or dams the provisions of this Dad of Treat, k1lortlar. There shalt be no f the I I r estate emoted bly 26 Deed of TnW with my other intemst or estate. it' the Rap" rd GM time hold by a for the 6arefdo of Leader any capacity: without the wrill n aorisen Lender. Gavemug taw. This Coed of Trust will be governed by federal No pppgogbia to Lender and, to the orient not pprr by Potent law, gin laws of the Bids of Washhnglan wilhout mgW to tits Lords of law provieform 7lteDeed dof Trust has been accepted by Caner in the State of Waahhegton. Chdeb of Venue, M Mora Is a leww A, Grantor agrees upon fenders wqual b submit to line jurisdiction of the Courts of King County, Stale of Washington. No Waiver by Candor. Lando shelf not be deemed to have waived any Aphis under title Deed of Tnst wow such waiver Is given In wA1kp and signed by Lander. No dairy or amhalon an to pat of L000der In mmnalsir g say eahl stall operate as a wow of such r1ohl or my other rfahl. A welifor by Lander of a Provision at this Deed of That shah not pmprdlos or corWk a a waiver of Landm'e rlptt otherwise b demand dW oorrpRahoe with that prvuBlan or arty other provdon of tits Deed of TnsL No prior vwhver by Ueda , nor any course of dealt bolwoen Lender and Granter, aaatl oon69klto a waiver d any of Lender's rlghls or d any d Gren6ora obligation as to any bream barnsmawm Whwwm bw ovmW d Lenny le mquhed under fhte Deed d Tnst, the wLning d asah aora h by Lerida fa any kafanoe shd not consIA" eonffn&v csxmard to sntl$agawrd fradances whore such consent Is roquAred and In aU ease such consent MY be granted or VA"d In the sob discretion of Lender. SoveraWly, k a coot of oanpalont jupolatim Ands ar/'Pr VWN of this Deed of Tmd-to be Regal, Invald, or manfaraeehle a to any okoumctance, that Ardkn $hail rat Mika the oflendhV praAsiok fJsgel. Imo at u nef faomble as to any other dmurnstanos. C bable, Me oMwdkig provision and be conaldaad modified so that I baaonhss ftA vald and onforoeeWe. M Ma affondng provision cannel be so modAed, M steal be considered deleted from this Dead d Trust. Unless adwwbo n i qukad by lew, the Bepally, I nafldfy, or laurdomeabMly of any provision d fteb Dead of That 00 not affect the legality, latW or anfoccaablAy of any other provision of this Deed of TrlsL Sueeasmra and Asdgru. Subject to any AmNations staled in this Dead of Trust on trarod r of Gwht s kitsrast, Mrs Dead of Tnud shal be binding upon and inure to Me benoill at tie parties, thole anceseom and asskgna. If ownasNp of the Properly beeomae Ins paean otiier Man CraNa, Ianider, wAliat noios b Omntor rosy rleal weh Gfrantore mfoaassars with refarenas to this Dead of Trust end the tadebledness by way of forbeaarm or exbrslort ww mrl misoft Grantor tram the ob%mbm of Mrs Deed of Trust or Wily under the Indabia mess. Tkne Is of the Cssanco. Tbee is at the essenas In the porlsnnenae of this Dead of TrusL Waiver of Homestead Eutaption. Grantor hereby reloaws and waives all rlgms end bens to of tho homedaed exornptlon Lon of the bite d Washk#on as to d indebledness secuad by tits Dead dThtsL DEFINITIONS, Tie I &wit aaptiabsd words and tams shall hove lhs klowbV then its what used in this Dead d TnsL Unless spedAoaily d WW to the oorhtary, all relaanas to darer arsoutis steal mean amounts In WOW money of the UnW StRiesotAmerica. Wards and tams used in the singidar shall Indtds Me pineal, and Ufa plural alai Include tha singula, n the eonlmd may realre. Wards and true not ottsrwlse delrkad In this Deed of Taal shall have Cho moanbips ailbutod to such terms in the i Worm Commedel Code: BerkehYdihy. The word 'SenaAderfr SipRJNDKThfW�BANK. and Its areoaaeom and aAstpra Borrower. The word Borrower AI PMEM M and includes all eoAnats mkt oo-n e storing Mina Nato end d Male Deed of Trust. The wards 7D ' 04 t .. ammtg Grantor. Lends. end males, and Includes without ltrettelion al rnant ieleing to fine %monaf Property and hand. _I J Peftull. The word,' a ! rthe®i�at r' 1 �sd d rued in the sea" Cited motow. P t Evert at DetauA. Thu world a events of doWAt sat forth In this Deed of Trust In Me events d dafaMa seclan of iftis Grantor. The ward 'Granke mean !l�AIR�7��MENT WNGL. Guarantor. The. ward 1%a antor' means soY guarantor, surely, or soeommoddon party of any. or al of Mine Indabledna$$. .. • Guamirfly. The ward allor pad line ��Gusrarte mum the guaranty from Gbaresddr to•lar%derrlhdun#ngiviMwut htrnitation a guaatkf d I iprovemeufs. The wad hrprovernorkls' roans all ofating and luture bnpmmwn q b-OdIngs, strictures, mcbfb homes, an to Reel Pmperty, lad'Afm addAom, reptsaements and otter ovahmaon an me Rase Property. Indabtedness. The word'Idebbdawe means d prlhcpat, Ittorest, and other amounts, coats and a parws Payable under the Nob or Rd4lod Doorman* tcgalhw with d reneasb cf, eftralone of, modlAastIons air oonsolidefars at and rA d Wars tar the i * or Deleted Dwirnards and my wriounis soperded or advenood by Lender W dhoharge Grertor"s ohttgalkons or expomos kwured by TWOm or Under to enforce Glrartor'e obfWlaru under this Deed of 2007073MO 17g1.008 DEED OF TRUST (Continued) Page a Tnst, tapethu "h hderse on w0h ammmts as provided In the Deed of TnaL Lander. Thu word Lender MOM FOUNDATION BAW f7e UMMOM and asslgm. Role. The wnxd 'Note' mean: the pmmb ory mole dated J* aa, MR, In the original principal amount Of $J,=,000.00 brow aranlor to Lander, together with all rerwoft oti s I Iona of. modllcalons of, retina ckw of, =*owallons ol, and absibiku for the prombsory note or agmemark NOTICE TO GRAMM TtM Na M COtliAlNB A VARLABLE INTEREST RAM Parwo Prop". The waft 'Pownel PnopW moss d oqutpmem% /rdures, and olhor enaddea of parsons! property now or hueal er owned by Grantor, and now or harealler tdaahad or d bmd to the Red Property,, togdW with an scrasaloro, pub6 and addlons to, al mplaamerm of, and all eblfllons tor, any of wah pmparty; and tog Ww with al arum and profits Onvon and proceads Wudkg wChord "Won all Insuranw proceeds and refunds of Wamharo) tram any agile or other dlspoWan d the Properly. properly. The word'Property'rra ns 00". ,dr Rea! Prop" and dr Personal ptiopmty. Red Properbr. The words -ftal Properly mean dm real property, IrrI, --le and rights, as further descAbW in fka Dead offrust Rdatad Oacumanta. Tin d. 'Related DowadaW moan all promissory notes, rxaml agreements. loan a7eemards, seaM otter ayrewnears and a m n% wlr now or h � dardsft0° d I Lion weh the Indsblodnav% provida4 the the em c m W Indamrrly agreements are not'Relsted Docunwbe and are not secured by pals Dead of TrasL Raffle. The word'Aerds' means all present and frays rants. revenues, !name, femx% MA11102, prolts, and dW bansits ftw from ft Property. Tntstes. The word'frusbW mum Chicago Title Inds wo Company, whoa* waling eddrm Is Tgt Flldr Ave, Sdb 3=, Seattle, WA 98101 and any mate Or SWCO M trU00M anAwm ACKNOWLEDGES HAWK0 READ ALL THE PRGY M M8 OF TMS DEED OF TRUST, AND'GRANTOR A(iROM TO ITS TERML GRAMT06f: J i M LAND D PMBIT L! C. raawxw of J 8 M LAND DVdBM MEMT I Rw* �Peswm Jay A M LAND INC,CEMMPNIEW CORPORATE ACKNOWLEDGMENT STATE OF vt"--- ) sa COUPITY OF, On this z V day d lD beforo me, the INCoptprad NoOery , personally Oppeved Mara L, RpWSO,�eaLdenv�m J i M LAND DeYeI.OPMF.NT ING, and personay known to me or proved to me on ffw bash' adbbdn Wdance to be an aufhwizDd spend d dye corporation OW ammbd the Deed of Trust and ackwwWdgW alb Deed of That to be do he and volunduy act and deed of dye earparalwk by au0 o* d lh Byhws ar by molulon d ds board of &octom for aw uses and purposes umeb nw domed, and on oath staled that he or audnort w to emnuls fhis Deed d Tnsl and In fact.mantled the Dead of Trust on Wait of the `�u1<W41111l,-- Bf 44 rip at l� Notary In an rgo AJ—A IF /3i ''19� '` one>Mfeea i �1 20070750001791.OD9 DEED OF TRUST (Continued) Page 9 � CORPORATE ACKNOWLEDGMENT SEATO OF W4`A j. 1 '1 I8s COfiN1Y OF j or, two day of L 80 d . before ma, the und&Wgmd Nolm Publb personaly appoenrd deyt #Nbtlrerw, Vbe aWwdl$saratwy of J i M LAND DEVELOPMENT INC.. end p a krwvm b me or proved to no on 4N basis o&4ftkdory wAdwwe to 1:4 an suf xtmd egad of the mporallon tlial wrs�bd ttw Oaod of That and wknowledgod the VII to be Me be and vduotwy ad And deed or tlN oapwsilon, by wiWty of Ib llylm or by mWloon for to uses and purposes dwakt nave md, and on wb stated oast to b eulhatsed to In feat amutad the Dead of Tmt on behalf Of the tlort Ingal Notary L. In for , of el - �mr'� omle:son espy wool. REQUEST FOR FULL RECONVEYANCE Ta jm0ce The undersigned Is the legal owner and holder of d Indebtedness seethed by thls Owed of Trust. You ere hereby requested upon pWr*M at al stars awing to you, to nwomey wlbha>ut warrmdy, to the pagans entitled bweb, the rlghl, title end Interest rww held by you Wider the Oeod of Tna4 Dow BmeMotaryt Or ffe: wuw errs vr,�n�.r ew•.+ir+.rlr�Yl Ml.hn.lr.iM. 4snewrnR .WA �nrun m.w if a 0 CHICAGO TrfLh WSURANCE COMPANY 701 FIFTH AVENUE, #3400, SEATTLE, WA 98104 PHONE: FAX: `�6) 28 �66223 ORDER NO: 001179476 YOUR NO: LEFLER UNIT NO: 10 LOAN NO: SUPPLEMENTAL COMMITMENT 0 R D P R R E F E R E N C E I N F 0 R M A T T 0 N SUPPLEMENTAL NUMBER: 1 OF THE SECOND CERTIFICATE SELLER: PURCHASER/BORROWER: SEATTLE REDEVELOPMENT, LLC PROPERTY ADDRESS: WASHINGTON Our Title Commitment dated 10/04/06 at 8:00 A.M. is supplemented as follows: THERE HAS SEEN NO CHANGE IN THIS COMMITMEUT SINCE OCTOBER 4, 2006. OCTOBER 31, 2006 AUTHORIZED BY: MIKE HARRIS r NOTE: THE FOLLOWING PARTIES HAVE BEEN SENT A COPY OF THIS SUPPLEMENTAL COMMITMENT: ESM CONSULTING ENGINEERS MATT CYR 1/1 SEATTLE REDEVELOPMENT MARC ROUSSO 2/1 suincom zmAim CHICAGO TITLE INSURANCE COMPANY 701 FIFTH AVENUE, #3400, SEATTLE, WA 98104 Order No.: Opi179476 Your No.: LEFLER ESM CONSULTING ENGINEERS 339151ST WAY S. SUITE 200 FEDERAL WAY, WASHINGTON 98003 ATTN: MATT CYR 1/1 PROPERTY ADDRESS: WASHINGTON R'C_CLc!1VLzD OCT 9 - 2006 ES&I Enclosed are your materials on the above transaction. If you have any questions regarding these materials, please contact us. Thank you for this opportunity to serve you. UNIT 10 - YOUR COMPLETE BUILDER/DEVEL,OPER SERVICE CENTER WE HAVE EXPANDED TO SERVE AL.L•YOUR TITLE INSURANCE NEEDS RELATED TO LAND ACQUISITION, DEVELOPMENT FINANCING AND PROPERTY SUBDIVISION. MIKEHARRIS TITL.EOFFICER (206)628-5623 ('-MAIL: MICHAEL HARRIS@CTT.COM) KEITH EISENBREY TTTT.,E OFFICER (206) 628-8377 PMAII.: KErm.ElsENBREY{d =.COM) SIEVE KINSELLA CONDO COORDINATOR (206) 62M614 (P-MAIL: STEVE.KINSELLAQCT-T COM) BOB BLOEDEL SENIOR TITLE EXAMINER FAX NUMBER (206) 628,5657 NEW ADDRESS ALERT: CHICAGO TITLE has moved its Seattle office from the 18th to the 34th floor of the Bank of America Tower. Effective January 20, 2004, our new address is: 701 Fifth Avenue, Suite 3400 Seattle, WA 98104 Our phone and fax numbers are still the same, but please note that our e-mail addresses have changed, as shown above. ffn_M/aoA/0M �ICAGO TITLE INSURANCE COMPANY AFT H AVWUE, #3400, SFATn E, WA 98104 SECOND CERTIFICATE PLAT CERTIFICATE Order No.: 1179476 Certificate for Filing Proposed Plat: In the matter of the plat submitted for our approval, this Company has examined the records of the County Auditor and County Clerk of KING County, Washington, and the records of the Clerk of the United States Courts holding terms in said County, and from such examination hereby certifies that the title to the following descn`bed land situate in said KING County, to -wit: SEE SCHEDULE (NEXT PAGE) VESTED IN: GERALD S.. LEFLER, LESLIE R. KENWORTHY, DEBBIE KENWORTHY AND VICKY L. THOMPSON, EACH AS TO A ONE -QUARTER INTEREST, AS THEIR SEPARATE ESTATE EXCEPTIONS: SEE SCHEDULE 8 ATTACHED CHARGE: $200.00 TAX: $17.60 Records examined to OCTOBER 4, 2006 at 8 : 00 AM By s HARRIS/EISENBREY Title Officer (206)628-S623 PLATCRTA/RDAPM "JICAGO TITLE INSURANCE COMPANN PLAT CERTIFICATE SCHEDULE A (Continued) Order No.: 1179476 LEGAL DESCRIPTION THE WEST HALF OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; TOGETHER WITH AN EASEMENT FOR ROAD AND UTILITY PURPOSES OVER AND ACROSS THE SOUTH 30 FEET AND THE WEST 30 FEET OF THE EAST HALF OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 10; EXCEPT ANY PORTION OF SAID EASEMENT LYING WITHIN COUNTY ROAD. rtaxrten/reran/vim CHICAGO TITLE INSURANCE COMPANY PLAT CERTIFICATE SCHEDULE B Order No.: 1179476 This certificate does not insure against loss or damage by reason of the following exceptions: GENERAL EXCEPTIONS: A. Defects, lions, 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 for value of record the estate or interest or mortgage thereon covered by this Commitment. B. Rights or claims of parties in possession not shown by the public records. C. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the premises D. Easements or claims of easements not shown by the public records. E. Any lien, or right to lien, for contributions to employee benefit funds, or for state workers' compensation, or for services, labor, or material heretofore or hereafter furnished, all as imposed by law, and not shown by the public records. F. Liens under the Workmen's Compensation Act not shown by the public records. G. Any service, installation, connection, maintenance or construction charges for sewer, water, electricity or garbage removal. H. General taxes not now payable; matters relating to special assessments and special levies, if any, preceding or in the same becoming a lien. I. Reservations or exceptions in patents or in Acts authorizing the issuance thereof; Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes. J. Water rights, claims, or tine to water. K. THIS REPORT IS ISSUED AND ACCEPTED UPON THE UNDERSTANDING THAT THE LIABILITY OF THE COMPANY SHALL NOT EXCEED ONE THOUSAND DOLLARS($1000.00). P1A7Cf� i'k!/EIY7A/Q999 ICAGO TITLE INSURANCE COWAN. 1 A B t PLAT CERTIFICATE SCHEDULE B (Continued) Order No.: 1179476 EXCEPTIONS 1. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: RESERVED BY: ARTHUR C. SORENSON AND BETTY E. SORENSON, HIS WIFE PURPOSE: ROAD AND UTILITY PURPOSES AREA AFFECTED: THE EAST 30 FEET RECORDED: DECEMBER 12, 1960 RECORDING NUMBER: 5231765 2. ROAD MAINTENANCE AGREEMENT AND THE TERMS AND CONDITIONS THEREOF- RECORDED - RECORDING NUMBER: NOVEMBER 13, 1987 8711131412 3. 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 NUMBER: LEVY CODE: ASSESSED VALUE -LAND: ASSESSED VALUE -IMPROVEMENTS: GENERAL & SPECIAL TAXES: 2006 102305-9208-07 4342 $ 279,000.00 S 5,000.00 BILLED: $ 3,651.17 PAID: $ 3,651.17 UNPAID: $ 0.00 a 4. THE LEGAL DESCRIPTION IN THIS COMMITMENT IS BASED ON INFORMATION PROVIDED WITH THE APPLICATION AND THE PUBLIC RECORDS AS DEFINED IN THE POLICY TO ISSUE. THE PARTIES TO THE FORTHCOMING TRANSACTION MUST NOTIFY THE TITLE INSURANCE COMPANY PRIOR TO CLOSING IF THE DESCRIPTION DOES NOT CONFORM TO THEIR EXPRCTATIONS. a NOTE l: A SURVEY HAS BEEN RECORDED UNDER RECORDING NUMBER 7612029002. x NOTE 2: EFFECTIVE JANUARY 1, 1997, DOCUMENT FORMAT AND CONTENT REQUIREMENTS HAVE BEEN IMPOSED BY WASHINGTON LAW. FAILURE TO COMPLY WITH THE FOLLOWING REQUIREMENTS MAY RESULT IN REJECTION OF THE DOCUMENT BY THE COUNTY RECORDER OR IMPOSITION OF A $50.00 SURCHARGE. PLATCR ei/RDA/M HICAGO TITLE INSURANCE COMPAN PLAT CERTIFICATE SCHEDULE B (Continued) Order No.: 1179476 FOR DETAILS OF THESE STATEWIDE REQUIREMENTS PLEASE VISIT THE KING COUNTY RECORDER'S OFFICE WEBSITE AT WWW. METROKC. GOV/ RECELEC/RECORD S AND SELECT ONLINE FORMS AND DOCUMENT STANDARDS. THE FOLLOWING MAY BE USED AS AN ABBREVIATED LEGAL DESCRIPTION ON THE DOCUMENTS TO BE RECORDED TO COMPLY WITH THE REQUIREMENTS OF RCW 65.04. SAID ABBREVIATED LEGAL DESCRIPTION IS NOT A SUBSTITUTE FOR A COMPLETE LEGAL DESCRIPTION WHICH MUST ALSO APPEAR IN THE BODY OF THE DOCUMENT: PTN OF NW SE, 10-23-5 END OF SCHEDULE H P1A7Z:FtIiYJmmJ vI, 99 PICA00 TITLE INSURANCE COMPAN `} PLAT CERTIFICATE SCHEDULE B (Continued) Order No.: 1179476 r THE FOLLOWING PARTIES HAVE BEEN SENT A COPY OF THIS COMMITMENT: ESM CONSULTING ENGINEERS MATT CYR 1/1 SEATTLE REDEVELOPMENT MARC ROUSSO 2/1 ALATCR1f"A/0M CHICAGO TTIU . 4SURANCE COMPANY 701 FIFTH AVENUE, #3400, SEAM E, WA '99104 PHONE: (206)65M FAX: (206)629-5657 IMPORTANT: This is not a Survey. it is furnished as a convenience to locate the land indiested hereon with reference to streets and other land. No Uabi ity is assumed by reason of reEiance hereon. . P-p" SE S t0 -MIN ►2S-s- M 477"4 0 7i0 Uml F -;-w 7. rCL i 109 5 Na IO07/e9070767 k sa moos El ow a AC, III i I IOaa w a -oo-u Ir � &.5 i0 0.19 0.19 <1C g^ l ?i -C a701 ,� �p 907/ - �. �.. .. A T 30' RD. E �a ap�ifr� a.r7 *� W IC, � a .39 AC I IOC V 480M 620SU0434 * N 1 RIM U r 0 l 0.97 ►C I � 000 99� LDT $ a T � 19L 1 Go �N 11 10. I NNs gar 9.97 EC 4 µ 02; li IC W .34 ac I 20060703000666.001 After recording return to: LAW OFFICES OF DAN KELLOGG SUITE 249, EVERGREEN BUILDING' 15 SOUTH GRADY WAY RENTON, WASHINGTON 98055 425-227-8700 E2219441 I Sf 61,001 PAM891 V 081 DOCUMENT TITLE: PERSONAL REPRESENTATIVE'S DEED GRANTOR(S): GERALD S. LEFLER and LELSIE R. KENWORTHY, PRs GRANTEE (S): GERALD S. LEFLER, LESLIE R. KENWORTHY, VICKY L. THOMPSON, and DEBBIE L. KENWORTHY ABBREVIATED LEGAL DESCRIPTION: 102305 208 WE 4 of S 4 of SW 1/4 of NW 1/4 of SE 1/4 ADDITIONAL LEGAL DESCRIPTION ON ATTACHMENT ASSESSOR'S TAX/PARCEL NUMBER(S): 102305-9208 PERSONAL REPRESENTATIVE'S 1. GRANTOR. The undersigned Grantor, GERALD S. LEFLER and LESLIE R. KENWORTHY, are the duly appointed, qualified and acting Personal Representatives of the Estate of SYLVIA L. LEFLER, Deceased. 2. ESTATE. Sylvia L. Lefler died on November 20, 2004 and Gerald S. Lefler and Leslie R. Kenworthy were appointed Personal Representatives on October 14, 2005 in the State of Washington Superior Court for King County in Cause No. 05--4-05095--8 (the "probate proceedings"). 3. NONINTERVENTION POWERS. By Order of Solvency entered on October 14, 2005 in the probate proceedings, Grantor was authorized to settle the Estate without further court intervention or supervision. 4. DESCRIBED PROPERTY. Included among the property of the Estate of SYLVIA L. LEFLER Deceased, was decedent's interest in real property described on the attached exhibit "A" and incorporated herein by reference. 5. Y PECEDENTIS INTEREST IN DESCRIBED PBQPERTY. Grantor hereby bargains, sells, and conveys to GERALD S. LEFLER, PERSONAL REPRESENTATIVE'S DEED - 1 20MI03000666.002 LESLIE R. KENWORTHY, DEBBIE B, KENWORTHY, AND VICKY L. THOMPSON, each as to a one -quarter interest as their separate property estate all of Grantor's interest in the Described Property which interest represents the decedent's interest in the property at the time of decedent's death. 6. LUJITATION OF CQYgMna. Grantor expressly limits the covenants of this deed to those expressed herein and excludes all covenants arising or to arise by statutory or other implication. The obligations of the Grantor expressed herein are the obligations of the Estate of SYLVIA L. LEFLER, and not the Personal Representative, personally. Dated: February -A%-, 2006. GERALD S. LEFLER as Personal Representative of the Estate of Sylvia L. Lefler, Deceased, and not in his individual capacity .,OP1EISLIE R. KENWORTHY as Personal Represen of the Estate of Sylvia L fler, Deceased, and not in his individual capacity STATE OF WASHINGTON ) ? ss COUNTY OF KING } I certify that I know or have satisfactory evidence that GERALD S. LEFLER and LESLIE R. KENWORTHY are the persons who appeared before me, and who signed this instrument, on oath stated that they were authorized to execute the instrument and PERSONAL REPRESENTATIVE'S DEED - 2 20060703000666.003 acknowledged it as the Personal Representatives of SYLVIA L. LEFLER to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: February , 2006. TfNN H� Notary Public in and f the State of L' YAt"M7 Washington p un R*M Notary: p / Lo My appointment expires: PERSONAL REPRESENTATIVE'S DEED - 3 20060703000065.004 ATTACHMENT "A" Legal Description of Unimproved 2.5 acres The west half of the south half of the southwest quarter of the northwest quarter of the southeast quarter of Section 10, Township 23 North, Range S East, WM, in King County, Washington: TOGETHER WITH an easement for road and utility purposes over and across the south 30 feet and the west 30 feet of the east half of the south half of the southwest quarter of the northwest quarter of the southeast quarter of said Section 10: EXCEPT any portion of said easement lying within County Road Situate in King County, Washington PERSONAL REPRESENTATIVE'S DEED - 4 42=765 U1 8 3n 2 C�A•110R,113 u )0 1 y W• robjt .9 Statutory Warranty Deed THEGRANTOR AIMUR C. and BETTY E. SOREN50N, his wife ftuw Im md 6 mulawn Of Ten Collars and other pood in III, luahlq ronsiderat!"ns blkNIS COA10, a widow Maw od "stall, pituated! in the CountF Pf the of Lh6 NnrLh— the lollowins drKIII-I feel "It SouLhw "WNW": The West j of the South ) Of of the Southeast j of Section 10, Townshict Z3 Korth, R4nqc Utility nurnOSRS VON w7p an easement for rnad and or -.'td cross tic SnuLh 36 root and the Welt 3C QVI' of the E'St st South j of the Snuthwest. I A LVe blorthwthe 50"tneA est I Of WIthin nf ,ile 50CLIan 10, EXCEPT any p, rtinn of said easement lying W,,,Ly Hull: tlLulto in the Cuuntv or Kinu, BILILI or washingLan; AN'.j orantmr an eninnant fer road and utilltv rnrrnse-� AZjKR' : V! UnLI tW the South j In! th'! cv,r and inrosi th,! East Zo rani K 1 one West ipaid QcWnn 10. Cho Norl.hwalt 1 of tho Southl!''It "I '! '. .. I.- - iA!.I—n 1 'i J"A A. A, IRE OUR. K14C L01 1; NY ..................... d—.4 14 g1ii-ri In fullillanrni nr that eprialm foot e.%tate contract heloutift fgr parties rt,-r--tr.. la ten 1959 an, '.".'111tinnotl fit.1 Itir ugnvoyance of the alu—, Olgraher V H..' prrLy.orii W nprpin cunt"In"d shall flnt%p;ly III 41%y 11 Me "rIqlaorr in sald contract, and mhdJl n-'I lama, jjmrIbrnvntm Other charges levied. assessed or becoming due subsequent In th.- A.Ir �r INA r4'ntra'l. .. : :-, .'d r.-it;,ijan� nt-d lmtnl this 1 %! t h day of Sol ')LdT,!'CC 19 IN= 0 �Um "n 1�7 4mo i"' this d me ARTHUR Q SURENSIGN and 11ETA Q MIMI' A I'l me known In I., the dewrilied in and who •xLK,,*"l the within and foregoing inittonirnt. and they aignpd the %Arne $1 UA4 it Iret end voluntary act and devil. for the uwt ,nd sherrin rittrilill-41- C,IVEN under my hand and offici4l WAI this day Pt Eyv ��Wbtp; oil cold rtfidisig W Renton tuhon iEcvdad to turn h , '3i�lmxn-Shlctclp {;tiL^.' K11C N. 34h f q).5 - 1 4Y11.! fr . 10"lr1 a h tVgIMPOL+IlP C414 I,ir 4h hk $1 Sarre fjllil 5nIkWA MID: ROAD MAINTENANCE AGRESUENT This Road Maintenance Agreement entered into this 2181 day of September, 1987, 1— and between the following parties: I, Ms. Sylvia Wood 12255-142nd Avg. S.E. Menton, WA 98056 2. Mr. Jerry J. Madison Mrs. Julie A. Madison 12407-142nd Ave. B.L. Renton, WA 98056 5. Mr, 0. W. Sutherland Mrs, Donna D. Sutherland 14029 S.C. 124th St. Renton, WA 98056 qr +'11"t3. 4, Mr. Wtrren McDowell RECD t= 14114 S.E. 124th St. CASHSL Renton, WA 95056 5. Mr. Michael F. Prummer 14106 S.C. 124th St. Renton, WA 90066 M14tw A 11.00 .00 It Said parties are all resident• of Renton, King County, Washington and reside at the addresses above staled. The parties' proportion are legally described !,% Exhibit A, which is attached hereto and Incnrporated '•-%. moo. 1. That the parties hereto are adjacent real property owners to and users of a parcel of real property utilised for pt:rposes of irlgreee and egress to their land. Said property is legally described as f o l iuws: That porl.lon of parcel 02 of Short Plat No. 777009, under auditor's file nu. 7803C7 )" R7 descrtbed as the south 30 feet of parcel •2, and the West 30 feet of the North 124 feet of the south 154 feet. Said parcel of real property directly benefits the parties hereto and their land and shall be hereafter referred to as the " 124th St.road". This agreement shall apply to the entire private road to its ROAD MAINTENANCE AGREEMENT l Intersectlor with 'he public road of 142nd Ave. S.E. Said road is approximately 30' in width and 300,71' In length, running west from 142nd Ave. S,E. to the western border of parcel 02, and 154' In length, Arunning north from the =west corner of parcel 02 to the roads termination. (See attach-'. exhibit A, which is incorporated by reference hereto.) N 2. That the parties agree, for the benefit of their property, to share equally in the costs and expenses of maintaining the 124th St. road In good repair, In perpetuity. ari 'In good repair' shall be defined as providing a road which is safe to r1 be utilised without damage or fear of damage to ones person or vehicles. Determination of the need of maintenance or repair on said v4 road shall be decided by a majority of the parties hereto or their successors or assigns in Interest. Each residence shall have one vote, This agreement shall run with the land of the parties hereto, so long as said party utilises the 124th St. road as ingress and/or egress to their property. If any party 91-Auld transfer or convey their property In any manner, this obligation of maintenance and repair to the 124th St. road shall be convoyed as a part of said transfer or conveyance. Should any party no longer necessitate use of the road as an ingress or egress to their property, said party shall give notice in writing to all other parties hereto (or their successors or assigns of interest) of the intent to discontinue the use of said 124th St. road and thus relieving said party of any obligation to maintain and right to use said road. 3. That this agreeme!:: be amended or modified from time to time J-y a rrsjcrity rf.iement of the parties heroic. &Y la Wood Jar adison G, W. 9 iherland Warren MCDowetl ulie A. Madison Dann D. Siatherland A I' lchael P. Prummer ROAD MAINTENANCE AQRUMXNT 2 STATE OF WASHINGTON COUNTY OF KING 09.11 n *tgjy1j* Donn n?*,,,Ily appeared before me G. W. Suthorland and to me known to be the individuals) described In and who o1recuted the within and foregoing instrument, and acknowledged that they signed the same as -Lha-Lr,.fr4e. and voluntary act and deed, for the uses and purposes-* thirron*_L, Mentioned. GIVEN under my hand and official seal thinof. -44 September, 1987. v4 .14 0 q4 140T- PUBLIC and f the �V=gton, residing nt Commission expires: STATE OF WASHINGTON ) as. COUNTY OF KING On this day personally Appeared before me Michael er to me known to be the tndividual(s) described In and who executed the within and foregoing Instrument, and acknowledged that he signed the same as --b4jL— free and voluntary act and deed, for the uses and purposes tmreln mentioned. GIVEN under nand and official &I this 2 JAt7` 1187. N Ic hd '(9r. t]h& —Q sta tt, 'i"on t ng at oun a 0 TerPacar!�"— Commission expires.- A/9 I /a I ROAD MAINTENANCE AQREEMZ.XT 4 r.I • STATE: OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day personally appeared before ma rwarran�ar_nnw�.ii to me known to be the Individual(s) deacrlbed in and who executed th^ .-•rlthin and foregoing instrument, and acknowledged that he signed the same as h—}—ar--- free . Di and voluntary act and deed, for the uses and purpose8, theroin mentioned. ;'t•r;:.e:... � October GIV>rEt under my hand and official taea1 thfa st:,d�►;taf•�, . �, 1987. NO'1'A Yi�an3.ile��.• •rt State o1" ashington, $lot at Nountlake Tar aca Commission expires: 8 21 axon::. � ....,, ..... .. STATE OF WASXNGTON ) ) all. COUNTY OF KING ) On this day personally appeared before m* Sylvia Wood to me known to be the Individual(s) N described In and who executed the within and foregoing instrument, rI and acknowledged that . abA — signed the same as her free 00 and voluntary not and deed, for the uses and purposes th*rtin T7 mentioned. GIVEN under my hand and official 1 this' ',' r 'dayy►` of v� September, 1967. :'� � `• ter, . •�..n.. 3talte of VbastrfFsggtton,';rtslfnS . at l40untlake Terrace!::';•;.:. Commission expires: -8 .? I STATE OF WASHINGTON ) ) so, COUNTY OF ICING ) JuliaOn, tDisd fay personally appeared before me Jerry J. Madison and i son to me known to be the Individual(d) described in and who ex uteyd the within. and foregoin fnat P..Tent, and acknowledged thathe signed the same as leer"uy end voluntary act-�;�: C data, for the usts and pur ''th*�s�'�., 6,311 Z', 41=1 under my hand and official seal thls ;,' V-of;, ' September, 1987. NOT F LiC and or t &.,.:i Wegtan, residing at FI untinkr 'FerrneB Commission expires: 6121/9 ROAD PAAfN=ANCZ AGRUMZNT 3 EIRIBIT A The legal description of the real property benefiting from this Road Maintenance Agreement Is listed hereinafter and such Is incorporated ir.to said Agreement of which this Exhibit A is attached thereto: 1. Owner: Sylvia Wood Address: 12255-1AInd Ave. S.E., Renton, WA 98056 Tax Aaot. No.: 1339-00 and 9208-07 Legal Description: (9330-00) The East 77.5 feet of the West 107.5 fast of the Korth 124 feet of the South 154 feet of the East half of the South half of the Southwest quarter of the Northwest quarter of the Southeast quarter of Section 10, Township 23 north, Range 5 east, W.M. (9208-07) The West half of the South half of the Southwest *1 quarter of the Northwest quarter of the Southeast quarter of section 10, Township 23 North, Range 6 East, W.M. 2. Owner. Jerry J. Madison and Julie A. Anderson Address: 12407-142nd Ave. S.E., Renton, WA 98056 Tax Acct. No.: 9386-02 and 9015-00 Legal Description: (9385-02) Lot 2 of King County Short Plat No. 480111, King County Auditor's Pilo No. 6206180431. (9015-00) The easterly 206.01 feet as measured along the North line of the North half of the North half of the Northwest quarter of the Southwest quarter of the Southeast quarter of Cactlon 10, Township 23 North, Range 5 East, W.M. 3. Owner: G. W. Sutherland and Donna D. Sutherland Address: 14029 S.E. 124th St., Renton, WA 98056 Tax Acat. No.: 9123-09 Legal Description: Lot 1 of king County Short Plat No, 480111, Kin< County + :;Yur s i-de No. 8206150431. ow--ar: Warren A. McDowell Address: 14114 S.E. 124th St., Renton, WA 98056 Tax Acct. No.: 9377-02 Legal Description: The East 77.50 feet of the West 186 feet of the North 124 feet of South 164 feet of the East half of the South half of the Southwest quarter of the Northwest quarter of the Southeast quarter of S¢_•.f-!n 10, Township 23 North, Rangy 6 East, W.M. 5. Owner: Michael P. Prummer Address: 14106 S.E. t24th St., Renton, WA 98056 Tax Acet. Mo.: 9397-08 Legal Description: Parcel *2 of King County Short Plat No. 777009, King County Auditor's Pile No. 760307075. ROAD MAINTENANCZ AGREEMENT 6 1 yy. , 1 ti y f—N•..w►.�I 1 ti r• I "r to: 40 z r t. �. AM LOT 1 , car r kC SP TT�6 O4 R . �- T90412 6 40 - ►�. t. r Jwl �/ Jln V N • • A. i 1,0 1 t 14 t r r , �1 0 Printed: 10-01-2007 CITY OF RENTON 1055 S. Grady Way Renton, WA 98055 rc�EtiN p OF �`pO�JgING Gti Land Use Actions RECEIPT Permit#: LUA07-114 Payment Made: 10/01/2007 08:56 AM Total Payment: 450.00 Current Payment Made to the Following Items: Trans Account Code Description 5015 000.345.81,00.0012 Lot Line Adjustment Payments made for this receipt Receipt Number: cc, - 1201 laeclIVf-D R0705242 Payee: JAYMARC DEVELOPMENT LLC Amount ---------------- 450.00 Trans Method Description Amount ---------- -------- --------------------------- --------------- Payment Check 1104 450.00 Account Balances Trans Account Code Description 3021 303.000.00.345.85 Park Mitigation Fee 5006 000.345.81.00.0002 Annexation Fees 5007 000.345.81,00.0003 Appeals/Waivers 5008 000.345.81.00.0004 Binding Site/Short Plat 5009 000.345.81.00.0006 Conditional Use Fees 5010 000,345.81.00.0007 Environmental Review 5011 000.345.81,00.0008 Prelim/Tentative Plat 5012 000.345.81.00.0009 Final Plat 5013 000.345.81.00.0010 PUD 5014 000.345.81.00.0011 Grading & Filling Fees 5015 000.345.81.00.0012 Lot Line Adjustment 5016 000.345.81.00.0013 Mobile Home Parks 5017 000.345,81.00.0014 Rezone 5018 000,345.81,00,0015 Routine Vegetation Mgmt 5019 000.345.81.00.0016 Shoreline Subst Dev 5020 000.345.81.00.0017 Site Plan Approval 5021 000.345.81.00.0018 Temp Use, Hobbyk, Fence 5022 000.345.81.00.0019 Variance Fees 5024 000.345.81.00.0024 Conditional Approval Fee 5036 000.345.81.00.0005 Comprehensive Plan Amend 5909 000.341.60.00.0024 Booklets/EIS/Copies 5941 000.341.50.00.0000 Maps (Taxable) 5954 650.237.00.00.0000 Special Deposits 5955 000.05.519.90.42.1 Postage 5998 000.231.70.00.0000 Tax Balance Due --------------- 00 00 00 00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 Remaining Balance Due: $0.00