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Home My WebLink AboutLUA-05-123LA URELHURST SHEET :I. OF :LO o EVElOPMENlj,"LANNI&Q. CITY OF Rl=I\RiO&so415 PHASE 1 A PORTION OF lHE SE 1/4 OF THE NW 1/4. SEC. 15. TWP. 23 N .• RGE. 5 E.. W.M .• CITY OF RENTON. KING COUNTY. WASHINGTON OCT 052005 DEDICATION / CBRTlPlCATION KNOW AU.. PEOPlE BY THESE PRESENTS THAT WE. JH£ lJN)[RSIQoIO) O'M'tERS IN FE[ SIW'l.E ~ TI1E LU«J HEREBY PlAnED. HEREBY OEQ..AR[ nilS PlAT AND DEDtCAl£ TO 11£ USE CE lHE PUaJC FOREVER AU.. SlREE"rn AND ,,\£NUES SHmIH HER:£<»f AHO THE USE 'JHERE(F F(II AU. PUaJC. HIGHWAY PURPOSES; AlSO THE RIGHT TO MAKE AU NECESSARY SlOPES Fat ans AHD fUS UPON TH[ LOTS ANI) Blcx:KS SH01IN cw nus PlAT IN THE 0RIGHAl REASONA8l£ GR..wHC CE THE S1R£ElS AND "-.oNES SHO., HEREat. AND FURlHER D£DtCAlE TO THE USE rE 1lf£ Pl8JC. AU. 1HE [ASEWENlS ~ <»I THIS PlAT FOR AU. PUBUc PURPOS£S AS NlCAlED TltEREON. INa.UOINC BUT NOT LUtED TO UlllJ11ES AND DRMIAC;£. TRACTS A. E. r. G.. H. I, J AHO IC ARE OPEN !PAfL tRACTS AHO ARE HEREBY GRAHlU) AND CQf\'E'r£D TO "DiE LAURElJWRSl ctUAJNTY ORGANIZAtiON (LeO) UPON REOJRDIItIG OF 1HIS PlAT. OWIINERSHIP AND NAINTENANCE Of' SAID tRACTS SHAll BE THE AE'SPtWSl8UTY rs n€ LCO. It tHE £\£NT 'DiAl tHE LeO IS DlsstL\m OR OTHER'M5£ rALS TO WEET IfS PROPOtTY TAX 08UGAlkIG AS E\'1DOICED BY NON-PA'IWfHl Of' PROPERJY TAXES fOR A. PERKlO OF' EIGHTEEN (III) t«lnM'S. lHEH EAot LOT IN ntIS PlAT SHALl ASSUWE AND HA\I£ AN EQUAl AHO UNJMDED ~ 1HllR£ST IN THe tRACTS PRE\4OtISly OWNED BY 11iE LeO AtiO HAl,€" THE AT1DCOJ-HT ANAHCAl AND .MAlHl£HAHCE RESPONSlaUl1[S, TRACTS B. C »Ill D ME RES£Jr.U) BY lHE OlllNfRS. M lHEIR ASSCHS. FOR FUlUR[ OE\'El.OPUENT. IN 1HE (\£NT DfAT THE TIlO YEAR I.MT SET FORlH iii ~ 2 AND US1tD IN THE CONQUSlCItS OF 1HE an OF RENTON HE,MINC EXAWEI' REPalT ElIPIR£S '111HOUT t.IERCO[ff Of" 1RAClS B. C AND D YII1H PROPERlY lOCAl[I) TO lHE WEST. CONNER HOUES at PR£PNI[ AND PROCESS A lOT lINE AO.JJS1\IEtfT COt8HHC TRACT 9 'Mnf LOT 21. TRACT C _1M lOT 22 AND 1RACT 0 lII1H lOT 23 AND RECORD SNO lOT lJNE .aJUIS1I,IEHT N.u EXECUtE C{»I'oCYAHCES NEC%SSNtY TO An'[CT 1HE MERCER fS lHE PROPfR11ES.. PER IHSTRUWEHT R£CORD£D I.JHO£R R£CCIIOIHC NO. 200£0" II:!! 00 0 4 1211 TRACT U IS RESER\llJ 8'1' THE 0W00'S. OR 1tEJR ASStGNS. FllR fUroR[ ~T. IRACT W IS H£R[Br GilWf1[D AND COH't£"r'(D 10 1HE I..AURDJtURST ~lY ~ZAlOI UPON RECORDING CF DUS PLAT roR STllRW D£lDfllON PURPOSES.. ~ AND WAINlENAHCE (1NClJJDIrfG AU PRIVATE STOR'" DRAIN AND DE1[NlJON FAClJ11ES) CF SAID 1RACT StW.L BE' 1H( RESPON9IIUTY OF lHE leo. IN ntE EVENT lHAT 1H[ lCO rs mS5a..'«D OR OTHERMS[ FALS 10 W[£T ITS PRCfIERTY TAX OBUGA1lQofS AS E\1DENCED BY NON-PAYWEHT r:E PROPERTY TAlCES reft ... P£RfOD CF DGHltEH (fI) YOHlHS.. THEN EAOf LOT IN 'OilS PlAT SHAll.. ASSUr.IE AND HA\'t: AN [QU"l NCllNHWlED ~ 1N1£REST IH ntr lRACTS PftEW)USLY OWNED BY 1Ji[ LCO AND HA\o£ ntE AT1ENOANT f1NAHOAI... AND YAaN:mtAHCE RESPClHSIBIUllES. AN ACCESS EA~T O\€R TRACT ". IS HEREBY D[DfCA ltD TO ntE OTY CS RfHTOfrI f'1lI THE PURPOSE OF 08S£R\ltNC AI«) INSP£CllHC 1M[ PRWAlE DRAINAGE f'AQUTlES WItHIN SAUl TRACT TO ASSUR£ THAT <WiNER(S). THEIR SUCCESSORS AND ASSlQtS, ARE PROPEJI...V OP£RATIHG AND MM4TAINIHG SAD F"AClUTIES PURSUANT TO AN ENGIHEERIHG Pl..AH Af"PftO\C) BY lHE aN OF RENlOt FCft THE PRO.£CT a: lAURnJtURST PHASE I. THE alY a: RENTON SHAll. HA\oE lH[·RICiHT TO DH[R SAID lRACT TO REPAIR ANY DEFICIOfCI[S CF »iE DRNHAGE FActUTr IN 'OiE E\€HT THE O'VMEH(S) IS/ARE. NEWGENT lM THE I"AINTENMa: a: lHE DRAINAGE ;AWTlE5. 1HESE REPAIRS SHALl BE AT lHE OYINER"s COST. TRACT l IS A SENSID\'[ ARCA TRACT AND IS HEREBY GRANTED ANI) CC»I\IE'IaJ TO ntE u.uRELHURSr COWAUHTY ORGANIZATION (LCO). IN »£ [\OIT THAT tHE lCO IS mssot..'IED OR ODiER'MSE rAi..s TO UEn 115 PROPERTY TAX oeUCAllONS AS [W)DICED aT NON-PAYMENT OF PROPERTY TAXES FOR A PERlOO CF OGHTE£N (fS) t.lOHms. THEN EAOi lOT IN lHIS PLAT SHAll. ASSWE ANO HAl,{' AN [QUAL AND UHDlWJEl> O~SHP INI£REST IN tHE 'fRACT PROTeuS!.. Y OWH£l) BY THE Leo AND HA\I£ tHE ATlENOAHT FlNAHCAl AND MAINTENANCE RESPONSt8lUTJ£S. t<NOW ALL PEOPLE. 8T lHESE PRESENTS. TliAT 111£ lMf HERDN BELOW SH;;NED ~ IN FIT SIMPlE t:E 11iE lAND HEREBY SUBDt\10£0. HEREBY CERTIFY lliA T ~ KAY[ ESIA8USHED 1H£ LAUREl.HURST COtM.IUH1TY ORGANeZAllON (leO) IU .r.cc0ADAHC( Wlnt WAsttHCTtlH STATE lAW 'fltl0i IDEHRflES EAai LOT Of tHIS PlAT AS A WOlBER Of SAJO lAORnHURST COIAIUNT'r ORGANllAltOH. SAAO ORCANilAlJON IS SUB..£CT TO THE OEct.ARAnON rE ~N~~~::S,:.cT&)'n'1t pre O~TJ A:l. ~U3;O ay INSTRUW£HT UND£R KING IN .... TN[SS YlHEREClr ME "A\IE SET OUR HANDS AHO SOlS. CONN[R HQf.t[S CCWP ..... T. A WASHIHCTON CORPORA~ DECURATION OF COVENANT BANK OF AWERICA. M.A.. A NAnONAL BANKING ASSOOA noo. AS 1DID[R 0Hl T ruE OWNER OF JHE lAHD £M8RACED 'MTH1N THIS LONG PLAT, '" RElURN FOR THE 8OC£f11 TO ACCRUE F'ROW TliIS SUSDI\1SION. BY SlGtefC HEREOf CO'-£NAKTS AND HEREBY COH\I£'J'S THE BENmaAllNTEREST IN THE toIew EASOfEHTS SHO'IIN C»I lHtS LONe PlAT TO ANY AND AU. FUTURE PURafASERS rx lH£ lOTS, OR OF ANY SUBOl\4S1<»4 rHEREOf. lHE CO\IENANT SHAll RUN Mllf THE LAHD AS SHOMf ON THIS LONG PlAT. RECEIVED CITY 01' UNTON APPROVALS OTY OF REHltIf Pl..NNNG / DUIDIHG / P\8.JC WORkS DEPARTJ.I£NT :lir4r~;~~L 2005. CITY 01' RBNTON PINANCB DlRBCTOR"S CKRTIP'ICATE I HEREBY aJllIfY tHAT lHERE ARE NO ODJNQU[NT SPEDAl ASSESS&.4ENTS AND 'THAT AlL SPEOAt. ASSESSJ.IEHlS conmED TO THE ClY 1R£ASlJR£R fOR COlUcnON ON ANY PROPERTY HERfJN CON TNHED DEDtCAlED fOR S1HE£TS. AU.E'rS OR OlHER PUBUC USES ARE PAtD Itt FULL lHIS ~ DAr rE a.~ 2005. KING COUNTY F1NANCB DmSlON CERTIFICATE I HEREBY CERTIfY lHAT AU. PRCF£RTY TA)([S ARE PAMl, mAT THERE ARE NO [)£UNQUENT SP(OAL ASSESSNEHT5 (DtJll1ED ro nt:5 0fFlC[ f'OR CQ.1£CllON AHO. JHA T ~lL SP(ClAl ASSESSUENTS a:RJlrtED TO THIS 0f"f'1CE f(lt CQl£Cnc:H ON AMY OF THE PROPERTY HEREIN CONTAiN£D. DEDICATED AS STREET':'i. .~U£YS OR Fal 0»0 PUaJC USE ..... PAMl IN ruu. 1 THIS ~nAr(l' Ap\'"il 2005 ,,",I.'~~~'~ ~ c -Y~C:..4#;Jc?!~t~~.~ \ ....... 00>. FlNj.l~ ~ ~ S ~l r' , ~ -z~ '.:0 ' .... ~~. ~ ••• ~ SEM.. .... :.. -...:.'~Si,~ DEPT. OJ' ASSBSSIIENTS RECORDING CDTlJ'lCATE F1£D FCY:I.i:U~~~lI1HE REQUEST OF orr (F RENTON lliIS ~_ DAY Of" ,..m::ycf'''''L·!:1 =-__ ~:O~Tico~ ;~COON~, ~~ IN ~ OF" PLA PAGES DIVISION a: RECORDS AND 0 [CDONS SURVBYOR"S CDTlJ'lCATB I. STEPHEN J. SCHRD. HEREBY aRlFY THAT lHlS PlAT CF lAUREl..HURST PHASE I, IS BASED ON AN AC"ruAL SUR"4Y IN SEcnCN 1:), TOM4SIiIP 2J NCRlH, RAHGE S EAST. W.W .• KING COUNTY WAStUHGT~ -mAT niE COURSES AND DISTANCES ARE: SHOYIN CORR[cn..v HEREON, THAT 1l1[ NONUMEHFS 1MlL BE SET AND mE: LOT CORft[RS sTAKED CClm£ClLY (»I n.tE GROUND; AND lHAT I HA\'E ru1J..Y CONPI.JID YATH ntE ~rSKlHS ~ THE PlATTING REGUlATlcws. ~Jl . ..4£ t/h.wr- sl£PH£N J. SOIREI OAJE PROft:SSlOHAI. tAHO SURVEYOR SlATE CE WASHiHGTOH UC(NSE NO. 31555 cORE ~DESIGN 1,47rJ N.£ 29thP'. $uilr laJ BeHfIYIIe, WOlhingJOn 98007 425.885.7877 Fax 425.885.7963 ENGINEERING· PLANNING· SURVEYING JOB NO. 02052 o SHEET 2 OF:1.0 LAURELHURST LUA-O.-160-FP LND-l0-0.15 PHASE 1 A PORTION OF THE SE 1/4 OF THE NW 1/4. SEC. IS, TWP. 23 N .• RGE. 5 E.. W.M .• CITY OF RENTON. KING COUNTY. WASHINGTON LEGAL DBSCRIPTJON PARUl. 1: rue: HORtH HAlf OF 1HE NORlHYlEST QUARTER (E IHE SOOTHEAST ClIARD OF 1H£ NOR1HJI£ST CIlMRI'tR OF SEClION IS, TOMtSHJI 2J NORlH. RANGE 5 EAST, MlAWETlE UERIDIAH. IN. KlHG cruMTY. WASHINGTON; EXClPT tHE EAST 20 f£ET n-D£OF ctIt~ TO lONG COUNTY FOR ROAD PURPOSES BY oao RECORD£D UNDER RECORDING NO. 17996 .... PARaL lk PARCO.. A. on cF RENllJN LOT LN AO.IJSlWENT NO. lUA--04-U3-UA. RECORDED UHOER RECORDIHG NtJU8(R 2oo41202900Q2e.. PARaI. " tHE NORTH HAlF Of THE NOOlH HALf OF nt[ SOJ1HIEST QUARtER OF THE SOUMAST QUARTER OF 1HE NORtHWEST ""ARIER; EXCEPT mE EAST 190 fE£T lHER[Qr; TOGE'Pi£R 'lAtH tHE NORJH 30 FlU OF THE EAST 190 fEET OF 1H£ NORm HAlF CE 1HE HORl}f HAlF Of'"n£ SOUlHVE'ST (JJARlER OF' 1HE ~1HEAST OUARTER OF THE HCRTIiYl£ST QUAR1[R; . £XC(PT lH£ EAST 20 f[£T 1)tf]I£Qf ftll ROAD; AlL IN SEC1lOH 15, TCMNSHtP 13 NORtH, RAHG( 5 EAST, Ml..i..AMIETT£ UERDAN. IN lONG COONTY. WASHINGTON. PMCIL~ LOTS I, 2.. J AND ... KtNG COlJNTY SHORT PlAT NO. ''''43., Rf:CCJADED UHOER R£CORDU+C NO. 791ot8(»M 8()NG A PORllOH OF Tl£ SOOlH HAlF OF lHE SOUtHWEST WARIER OF THE NORTHEAST 0UAR1ER OF 11£ HClR1HYIEST WAHlER or SECnC1'4 15, ro~ 23 HOIUM, RANGE 5 EAST. ~T1E iI£RIlIAH,. IN KING COUNTY, WASHINGTON; EXCEPT tHE VtEsT 7.5 ruT THEREOf' FCR ROAD PAIICII. " lOTS I. 2 AND l. lONG COUNTY SHMY PlAT NO. 87111eo. RECORDED w«R AECCRllNG NO. 7810171032. SAiD ~T PlAT BEING .4 SUBDMSIctf OF A Palna. ()f lHE EAST HAlF OF tHE NORtH HAlF OF WE SOUlHKST QUMT£R OF lliE NORTHEAST OUARlDt (E THE NCftlHV!£ST QUMlER OF SECTION I!i,. TDWNSHtP 2l HORJH. RANGE 5 EAST. Wl..LAMETfE t.l£RDAN. IN KING COJNTY. WASftING'H»t. . RBSTIUCTJONS 1. LOT 51 SHAlL HA'oIE ruE FROOT YARD rACE. DUVAll. A\EHUE H.E. Mrn lOT ACCESSED FROW SlOE STRaT. 2. LOT 52 AND 53 SIi.ALl HA'VE 20 fOOT FRONT YAROS fAOHC SHARED DRIVEWAY. 3. NO LOT tS TO GMtI OfRECT ACCfSS TO OUV.W. A\9IUE N.£. ElTliER NORTH CR SOUTH OF THE INltRSECnON 'MIM HL 2HD SlAEET. 4. 1HlS SITE IS SI.II.ET TO CO'oUlAHTS. CONOItIQtS" RESTRtCllONS. EASDtEH1S, NOtES. DEDICA TlCltS AND SEl'BAQ(s. If ANY. SET rOAm IN at DWNEATED (ft 1H£ BOUNDARYj\.OT UNE AQ.lJSNENT AS DISCLOSED 8Y IHS1RUWEMT RECCR)fI) UNDER RECCIRDlNG NO. ZOO4120290002&. 5. 1HS SitE ts SUB.£CT TO DiE tf1INS Nfl) COfOllONS OF AN EASEMENT fOR ROADWAY RECORDW J.K 10. 1958 DfSCLOSED 8T INSl'RtAIENT RECOROED UNDER RECORDtNG NO. 4901721- 5. lHIS SIlE IS saa£cT TO THE J'£RUS AND CCNllIOftS OF AN EASEW:HT TO eTY Of" RENTON FOR PUBUC UWnES (1ttQJJDING WATER AfrI) SEM:R). 'MlK NECE!iSARY APPlIRlENAHCES RECORDED t.lAROli 24, 1980 Dlsa.osm BY INSlRUUENT RECORDED UHOER RECORDIIG NO. 8003240430. SAd> EASOIDIT IS' HEREBY RElEASED ~OH tHE RECXRINC OF THIS PLAT. 7. nt5 Sll[ rs 9.lB.£CT TO R£SERVATIOHS AN{) EXCEPJKJHS COHTASN£D IN DEED FRClII NORTHERH PACF1C RAIlROJrD COW'NIY. RESlRWfG AND DC[pnNG fRQU SAl) lANDS so NUOI OR SUQi POR1JONS lHEREOf AS ARE OR WAY BE IIIHOUt. LANDS OR eor.T.AJN COAl. OR IIICJtt AND ALSO lH£ USE N«J 1t£ RIGHT AND ll1U: TO 'DtE USE OF SUDt SlJRFAC[ CROJND AS tUt.Y BE NECESSlrlRY FOR GROUND «PERATlOHS AND THE RIGHT 10 ACCESS TO SIJOI RESER\tD AHD EXaPTm WIER .... L.NCtS. vc:t.UDUfC lANDS QJNTMANG COIL OR IRON, FOR 1HE PURPOSE fX EXPl~ DE\e.0PIHG WORI(IotG It£ SAloE DtSCL.OSOJ BY INSlRUNEHT RECtIIDED UNDER RECORDING NO. 192430. I-lHtS Sl[ IS 5U8.£Cf TO CO'\ENAHTS. COHDIlKIIS, RESJFUCnONS. EASEWEHlS. NOTES. DEDICA TlONS AND SElIJAOC5. If AllY. SET FORTH IN CIt D£UH[Al(I) C»I IHE SHORT PU.T DlSQ.OSED BY tNSlRlIMEHT REaRED UNDER R£C:::CR)NG NO. 7810171032, SAID CO\IEHAIfIS. CONDII11OHS. RESlRK:l1CHS.. EASEIoIEHTS. NOlEs,. OEIItCAnONS AHD SETBACKS.. " ANY, ARE HfR[8, RELEASED UPON ntE RECORDtNG ~ DIS PlAT. 9. 1lIIS SIT[ 15 SlB.ECT TO lHE CO"IIUIANTS. CONDITIONs-. RESlRIClll»1S, EAS£NENTS. NOlES. DEDlCAnatS »10 SETBACKS. ~ ANY. SET rORlH ttl OR oruN£A lED Oft 1HE SHORT Pl..A T AS OISa..osm BY INSTRUMENT REaRlfD UNDER RECCRDING NO. 7910180905. SAID CO'JENAHTS. CONDIlKlHS, RESTRfCna.s. EAS04ENTS, NOTES, DEDlCA....s .AND S[18AC<s. IF AHY. ARE HEREBY R£l£AS[() UPON tHE RECORDING QF rulS PlAT. 10. ntS 511£ IS Sl8J[CT TO tHE T£RtIS AND COHOmOtIS OF '" ROAD M .... INlENANCE AGREENEHT RECORD£D OECEUBER 19, 1978 AS 0tSa.0SED BY INSTRUMDIl RECORDED UNDER RECORDING NO. 7812190786. GBNBJW. NOTES 1. mE S1R£ET TREES SHAU.. BE OWNED AND loIAiNTAINED BY THE ABUTnNG LOT OYItER5. 2. THE ROAD AND SroRlot I)ANNAGE SYSTDIS SHALl BE CONSTRUClED .... CCORlXNC TO THE APPRO\£[) PLAN ,IH[) PROfJl.E (It Fl.E _lH REHTOH ~OPWENT SERw:ES DlWila. MID ANY OE\1AllOH FROU 1HE APPRO\'ED PlANS 'MU. A£WIt£ _1101 APPROVAl.. F'JKI,I mE PRCPER AGENCY, CURRDlU Y R£NlCIf D£'41..OPt,tEN1 SER\fC[S IlMSIOH. 3. m 9UI..DIHG ()()'I,N SPOUTS. roollNG DRAiNS. AND DRAINS fROW All IWPER'v1C1IS SURF"ACES SUOI AS PAnos AHa ~A'tS SHAU. 8£ CONHEClEJ) TO 1HE PERUNlEHl STORU DRAlNA(;£ ot.m.ET AS SHOVIN (W tHE APPRO\e) ~ ORAIMNGS CH flL[ 'WITH RENltlH DE\n.OPUEKT SERw:ES OI .... SlQH. THIS PU.H SHAll BE SlISWITlED lIlH 1HE APPUCATlON OF AHY 9UIJlING P£RI,Il. All CONNECTlONS OF 1t£ ORAINS WST BE CONSTRUClED AND APPRO~ PRKI' TO flNAl BIJIt.DIHG IHsPECllOtt APPROVAL D€DICATlOH CF ... SEHSl1I'I£ AREA TRACT SE"JfSIn\£ AREA AHO 8UfflJt CON"JE'rS TO lHE LAUREl..HURST CCMraJNITY OAGANZA1IC* A BfHDlQAl. INTEREST M<t THE lAND 'M1HIN 1HE lRACT/SENSIn'wE MEA AND 9UfHJl llfS INlnEST INO..UOES 1HE PR£S[RVAllCtf or-NAll\IE '4GETA1fOH FeR .-u. PURPOSES THAT B£NEF1T THE Pl8JC HEAl..1H. W£lY AND 1ElFARE. INQJ.DNG CON1ROI.. CF SURFACE WAlER AND EROSOH. NAtNlENANCE OF ~ 5TASlUlY. AND PROT":C1lON rs f't..AHT AND ANNAl. HMlTAT. THE SEHSlll\€ AR£A/lRItCT SENSlm£ AREA AHO au:FER ~ IJPON AlL PRESEHT .AND ruruRE OMERS AND OCOJPIERS OF THE lAHO SUB.£CT TO DIE 1RACT/S[NSITl\£ AREA AND .At.L lMES AND OlHER \/ECETAnON 'MlHIN niE TRACT/9Slll\£ AREA ANJ BUfFER llfAT 1l£ \£GETA1JON \IlIlJM TM£ lRACTjSOCSIll\€ Nl£A AND BUFFm !.lAY NOT BE CUT, PRUNED. ~ BY All. ROIO\'£D lit DAIIACED 'MllKlJT APPROVAl. IN 'lHTlNG fROI mE REHTOH DG£l.<PWEHT SERw:ts DMSION. lJtrtlESS 01HER~ PRO~O£D BY LAW. 0 'I 0 cORE ~DES'GN 1471 J N.£. 291ft PI. SuiM 101 JeIJe""'9# WasftinglOft 98007 425.885.7877 Fa. 425.885.7963 ENGINEERING· PLANNING· SURVEYING .JOB NO. 02052 I LA URELHURST PHASE 1 SHEET 3 OF:1.0 LUA-04-160-FP LND-l0-0415 A PORTION OF THE SE 1/4 OF THE NW 1/4. SEC. 15. TWP. 23 N .• RGE. 5 E .• W,M .• CITY OF RENTON. KING COUNTY. WASHINGTON l FHO I ~ tRot"' PIPE W/YELLOW PlASnC CAP 1.5 16012-~O.XN X 0.". orcORHm _ ----L ~ 2. f"NO 5/S-REBAR W/"fnlOW PlASTIC CN' ·PLS 1872r 0.1'. OF CORNER --....... UNPlATlED \ N. UN[ HE 1/4, SW~\\ 1/4, NE 1/4. NW· 1/4, \\ SEC. 15-2.5-5 N88'09'42-W 293.82 '7 25 2. FND CASED CONCRETE MON W/1/8-CIPPER PIN ON 0.6" ON 7/01/02 CITY rx RENTON CONTROL POINT ,150l ~---.JL----L_ I '----...... w .:::: "-E. 2HD CT. ", __ '_8_--11 Z ~ ~ f----'" ---II ~ I t lllD , __ JO-,---II{/I :~ ,.-31 ~~ --"'" 11 r-r-TRM:T E N.E. 2lID PI.. -I-lRAcn' :;; ~ ,w n -~ ; i ~ ~~ ~ N 16'1 12'97.74 ~~ -g 0 ~~ ~ 1". n' -. b6 rHO r SURF ACE DISC ~ I(ING COUNTY SURVEY MON STAMPED 10-15 ON 7/01/02 ~.69 10 1292.84 15 g: 5 ::! 1297.'4 I~ 668.87 I~ " ~ g HaD KI'oIG C(lJNTY SURVEY CONtROl 12 PO"" ll75l 0"; NB8"29'10·W z~ 1302.65 2652.22 N88"29'IO-W 26405.)1 15 14 -.. / 1·1'5--~~ J2 ~ rND CASED CONCREl£ ~"" J N.£". 1ST CT. 52 54 5J J-----li J4 51 § I ;:'t;: :O~i~7:Z Z I CITY at" RENTON CONTROL POINT ,.76 SUBDMSION DIAGlWI H.T.S, ~ N ~; ~ 22 fND CASED CONCRE1E MON / W/J-BRONZE orsc ~ ON 1,7' ON 7/01/02 CITY OF RENTON CON TROl PQlNl ,1855 IWIIS or BBABlNGS tfOO'ST28"E. AlONG 1HE ~T uN[ NWl/. SEcnOH 1~-2J-~ 9£TM:EN arY or RENTON CONtRO.. Pc»IlS I'50J .&: 1418 S1JRVBYOR'S NOTES 1. 1HE SEClICIf SlJBIOOI1SK)N fOR nus SECTIOH IS BASED A FlElD SUR'-I£Y BY CORE DESIGN. INC. tN ..... Y 2002. 2. All tmE 'WtlRWAlIOt SHO\Wt QN THIS UN' HAS BEEN EXTRACtED fROI,t 0fICAG0 nnE IH5URAHCE COt.F'AHY' ca.uTWEHT NO. 1152281. DAtED OECDIBER 8, 2004, SUPPl..EIroeEHTAL COtAMJWENT NO"$. l. AND 2 DAlEO FEBRUARY' 15, 2005. S'tJPPl.EYEHTAl COIoIWlYENT NO. l OA lED fEBRUARY 22-2005 AND SU'PlBIEJrITM. NO. 4 DATED NAAOf 24. 2005. IN PREPARItG MS WAP. CORE DESIGN, INC. HAS CONDUC1ED HO IHDEPEHDlHT 1In.£ SENtOt NOR IS CQ£ DE5ICN. INC. AWARE (F AHY -nnE ISSUES AfF[C11NG n£ SUR"£r'ED PRII'OITY O'D£R DiNt 1HOSE SHO¥I4 ON lHE YAP AND 0fSCl0SED BY THE R£FERENaD OtCAGO lI1\£ CCItINITloIENT. CORE DESIGN. INC. HAS RBJED 'lH(UY ON 0i1CAGO linE REPRESEHTAlIOtIS Of' THE 1I1trS CC»OltOt TO PREPARE THIS ~R'f£t AfC) THEREFOR£ CORE DESJGN, INC. QUAUFES 1HE NAP'S ACCURACY AND COWPl£TDtESS TO lHAT EXlrNT . .J.. ARO Cf' EH1I£ SllE: 682,OI7:t SI. (IS.6S7W:: ACRES). .. AREA ~ OEIltCAlED RtatT OF WAY .. 159.003:.1:: ~. (l.6502± ACRES). 5. All WClNlMHlS SHO'MI AS fOJHO WERE FJru) VISITED IN JULY. 2002. Utl.£SS SHQMt O~ lIS. AlL DlSTNK:ES AAE If FEI:T. 7. lKIS IS A fIElD TRA~ ~Y. A SOIOOA Fl'YE s(CCJt.U) COWBIHED ELEClRCHC TOTAl STAlJON WAS USED TO WEASURE TH( ANGULAR AHO OtSTAHCE REJ.AlkI\IStIPS BElWEEN TH£ CCJrf1ROllJHG MCHJIIENTAl1CH AS SHOIN. Q.OSUA£ R" nos (6 THE lRA~ MET OR EXCEEDED THOSE SPEOfIED IN WAC D2-1JO-09O. 0fS1.lHC[ MEASURING £Ol.IIPWEHT HAS f3C.EN eowpARm TO Nt H.c'S. BASD.JN£ WllHfN ON[ YEAR or THE OA lE or lHlS SUlMY. SCALE: 50 ; 1" = 100 ; 100' 200 ! cOilE ~DESIGN 14711 N.f.2~PI. ~ 10J s.tl.'Ne, Washington 98007 425.885.7877 FOJ( 425.885.7963 ENGINEE~ING· PLANNING· SUNVEYING JOB NO. 02052 100 LAURELHURST PHASE 1 SHEET 4 OF:1.0 WA-04-160-FP LND-IO-0415 A PORTION OF THE SE 1/4 OF THE NW 1/4, SEC. 15, TWP. 23 N., RGE. 5 E .. W.M .. CI C2 C3 C. CITY OF RENTON, KING COUNTY. WASHINGTON UNPLATTED TEhIPORARY 2ft 'MOE EW[RC£NCY ACCESS EASEMENT SEE HOTt: 21, SHT. 10 H8a12"5e-W 316.83 _._--L 225.00 175.00 2500 225.00 W :i ~ < ~ ffi ~ w o a: w !D l-f-« ...J a. z ::J J3.91 105.59 ~280~S.--;:--, ® N8812'58-w lOS.59 2 5280:1: 5.F. @ N881Z'S8"'W '05.59 10' POE .3 SEE NOT( 2. 5HT. 10 52!Kl:t S.t. @ 102.58 --lQ..- 5125! s.r. @ N88"2'58"'W 9 St2ti: s.r. ® N68"lZ'S8"W 102.58 10' POE 8 SEE NOTE ... SHT 10 s,,,o± S.F. TRACT H SEE OEDICA ~ SHI. 1 118B8±-S.F. c~~\ I ~~.q, ,'5", TRACT I ~",\ 112.63 Sff D£DICAJ1(WS SHT. I !'-'''; /' /' \ R""~'OO .. !i,_ . SEE SHEET 5 FOR CONTINUATION ::! ~+---~~~--+----------------Na9"22'OO~W 53.07 I" fNO I IT REBAR ~ NO/CAP o.l'w Of~-CORN£R ~ '. ::: :i 11 TR. a SEE O([)H:ATlON SHT. , JI48± s.r. N87-SS'15-W 53.0B 5148:1: S.r. ® N3916'04·W 102.10 12 53641: s.r @) J2.63 15 I" o :e g~ z n ~ ~ :;: 61.65 16 6045::1: S.t. 5857± S.F. <§> <§> 30.65 61.es " N 21 TRACT A 20 19 18 17 " z o ~ Z ~ o u a: ~ '" ~ .. .. I>: <Il ~~ '!!" ~~ ~"''l.~'}1· L .. 6~· N.E. 2ND ST. \ 2113:1: s.r. ) ~~ ./ ~1 c,a. .r.f.l~\8.4S':~ PLAT OF FERNWOOD NORTH .~ ~-'l,';'7~' ri"\~:~ .. :!J'}. (~-IHI'------------------=:::-'=-'::'-=":':'-----------"'~---______________ -r __ _ VOL 128. PG'S 100-101 : I ~~ \,; , 1 \ SEE SHEET 6 FOR CONTINUATION LEGEND w. UN£ SE 1/4. NW 1/4, SEC, 15-23-5 fi SET STANDARD orr a REHTON CONQiEJE t.lCt«JW[HT IN CASE AS SIiO .... SU 1/t" X 24-REBAR W/'fIllOW PlAsnc CAP srAIWED -CORE 37555- o FOUND CORH£R WONUY£NT AS NOtm. SET TACK IN l£AD W;sa.NER -37555- OH PRa'[:RTY UN[ EXtENDED 4.75 FE£T IN uru CF FRarfT lor CORNERS UNlESS NOTED OTHERMSE. ;~ aTY OF' RENTON smEET ADDRESS ,=>(i( PRiVATE DRAINAGE EASEJ,lEHT ;'tt'f CITY Of RENTON SlO£WAlJ( EASEMENT SEE SiDEWAU< (ASEMEHT NOlt: ON SHT. 10 SEE SHEET 9 FOR CONTINUATION SCALE: 1" = 40' T cOilE ~DE5IGN 14771 N.E. 29th Pi sw. 101 .... JJ.we,. WOJhingfDn 98007 415.885.7877 FOJC 425.885.7963 ENGINEERING· PLANNING· SURVEYING JOB NO_ 02052 SCALE: LEGEND z o ~ ~ o CJ '" '" r:n ~ 5£T STAtIOMO orr Cf RENTON CONCRETE UONUWEN T :N c}'SE AS _ .... 5£1 1/2· x 24" REBAR W/YEU.OW PtASlJC CAP ST JtJ"tPED -CORE J7~- o fOUND CORNER WONlJW(NT "S HOlm. SET TACK IN l£AD W/SHINER -375.55· ON PROPfRTY UNE EXTENOED ,'-15 FUT IN UEU Of FRONT LOT CORNERS UNL[SS NOTED oneVWSE.. ~ on Of RENTON STREET ADDRESS POE PRIVATE DRAINAGE EASEMENT 5: .... '[ CITY Of RENTON SIDEWALK EASE~E"H SE[ SIO£WAlK £ASEUENT NOTE ON SHY. 10 lOOS LAURELHURST PHASE 1 A PORTION Of THE SE 1/4 OF THE NW 1/4, SEC. 15, TVtP. 23 N., RGE. 5 E., W.M., CITY OF RENTON, KING COUNTY, WASHINGTON TR. B .. CURVE TABLE C5 60.00 )9""29"56- C6 BO.oo C1 80.00 C8 80-00 C9 25J)O CIO 25.00 Cl1 25.00 e12 2S 00 CtJ 8100 C14 81.00 CIS 81.00 C16 81.00 CI7 25.00 CI8 25.00 CI9 25.00 C20 2500 el21 6000 41.36 56.32 16"'4 41" 10.29 28.98 28.98 10.29 718 5.1.24 20.24 48.49 8.1. RJj 31.13 8.14 SO SHEET 6 FOR CONTINUATION cORE ~DESJGN \ 30.01 , 35' w Z SHEET 5 OF 10 LUA-04-180-FP J.ND-IO-MI5 I' , I 147U N.£. 2~P1 Sun 101 a ....... w~98007 425.B85.7877 Feu 425..885.7963 ENGINEERING· PLANNING· SURVEYING JOB NO. 02052 / ----_/ LAURELHURST PHASE 1 A PORTION OF THE SE 1/4 OF THE NW 1/4, SEC, 15, T'NP: 23 N" RG£, 5 E., W,M" QTY OF RENTON, KING COUNTY, WASHINGTON SEE SHEET 5 FOR CONTINUATION : 1 18 I I! 34 : : I ; I.; J---l--10" JOlHr USE : : I r, Y.I' I U1)UTY EASEMENT : SHEET 6 OF:1.0 LUA-04-160-FP LND-Io-0415 ~.I "" Z (TIP) ': Ii j' -----H"'.'Il-W wi, I ~;~~;-t f-I, : I 7G.1tJf II ~It" I N89'22'oo'W , I' : I fd I ~ z I,m~ g~OO : ~ : 1 I:! Z « I ",:;; : I 15 t6 17 ~~2w; ....J t! 35 I 11 II. .on' "" lIJ l-~g¥~ : t " I h 6596:t S.r. ~~~ t: I ~ ~ ~-101':;: 6838J: sr. I' ~ ~~ : I ~g @ I~ 1~21' !gU·11 em .. ® " ~ ~~ .11 21' I : ~. 1 'i I' I: .35' (1'\ ~~,E7\ .-""'1 1_ JI7.,..~~I!l-, la lRACTG " SHT.10 1\., . ~~-o,s54r / r .;\''''i ·.~·,:;].r--------T-~r-jSE£ ~~ SHT. I L ------------p...-..~;.,-;:-.y -.~ ... I 'J6 ~.(r,--.;,;,.__~ )!( 4' SYI( _1 ~ 10.00 _ _ N 217.5J N H88"1S"t.:nwo..::::;:,:'-'--l.- N.E. 2ND ST. ----.--.;a'~1.J9 ------_ ~IO_' ___ -~ \' J;I lOt N ..... 2.0.00 \ -----------:: lit 111 .Iif .Iif N .:;:. ! ---60.01-----~12.01-11 _____ : "" ---'0-' PO£-~~-t---~~=-==-'::'-500~~~-~~60.0'~ -.---5J.49-.--;f.& '. 42 43 44 z 0 10' PO[ __ • :sE.E. Nor£: ' .. SIfT. to --__ ~L ~-___________ ~~~,\ I SEE NOTE 17 nt POE 10' §J ~, SHT. 10 SEE HOi[ 16. :.., -I L g 39 ~ "" SHT. 10 b 37 36 ~I ~ ~ ?1 ~ iu q 38 9 a ~ ~ ;, on 5: vj ~ 5701* S.F. § ~ ~Z ~ 5701.t S.F. ~~ ~ 5699± s..F. ~I :;!,iJ ~ .... ~.... -#751:t: s.r. 0 ~ ~ ~J'" @ ~I 5701:1: S.F. @ 684'± S.F. @ ::: ~ g '" '" g 41 40 :::1 t----6QffI--__ ~N~~~"~6~·"~·~W,-~"~.0~'r;~N~~~.~·"~-~W~60~.0t'~~~~~~~~~~~--!-~~~~--_1~1 6.0.01 6101 N88"16·I.rW 60.01 N6B'J6',.r 3 ;Ol60.01 N~~:~~',YW N88"'16"rw~: ~ 60.01 _I :: :; :ll 45 ~ 5761± S.f. 8 0 <§9 " :l: ~ g 46 ~953*-51. <§) :2 ~ ~ 0 ~ :; 47 5761:i: S.f. @ 48 o 51~1.t S.F. C§Y 50 49 5758:t. S.f 1"'1 ~I ~IJ S 5761i S.f $ S @ ~ zit; : ~ CQ J « QW ~ ~H'j ~Of __ ,. :~ 25' 25' j:: -< -----!\-------60.0) '2.0'~ ~ SliT 10 ~'. 5£[ NOlr 1" I - . _ (;?' I --::> z 60.01 j:: z 0 N88"l6".rw C,) 60.0' . -I---60.01 ~ 52.SJ c~'-: ~ *~ • <>: 0 r.. N.E. 1ST CT. ----->la.n-------------- lit tJ. Q JiI ~ 20.00 co f-o .. .. I>:: TRACT rn .. K .. rn 56 58 LEGEND ED sn STANDARD an CE R9fl~ CONCRETE 14000WOH ... CASE AS SHe .... SET 1 IT X 24" REBAR w/'tD.1.ow Pt..Asnc CloP STAMPED .~ 37555· o fOUND CORNER WOHUU£Nr AS NOTED. SET T .... CK IN l.E.A.D WjSHINER "J7555· CH PROPERTY UN( EX1£NOED 4.75 ITEr IN LIEU OF FRONT LOT CORNERS UNl£SS N01[O On-iERYItSE. '.~ on OF RENTON S1R£ET ADDRESS ?(;( PRiVA TE DRAINAGE EASEwOd s.'f[ an OF RENTQH S!OEWAlK (ASEw:HT SEE SIDEWALl< EASEMENT NOTE ON SHT. 10 57 CURVE TABLE c2\ C22 C23 c,. C38 C19 2500 2500 25.00 25.00 25.00 25.00 "0 35.0. 3321 ,,. 6.62 32.18 32.18 i57 UNPLATTED ------------ SCALE: 1" = 40' cORE ~OESIGN '0' I 80' I lA71J N.£29JhPL SuiM 10J "'_.W~98007 425.885.7877 FtJ~ A25.885.7963 ENGINEERIN·G, PLANNING, SURVEYING JOB NO. 02052 ~ 1 SCALE: 1" 20' '0' I I z 0 5 ::> ~ Z 0 0 0; 0 ... 0> Eo< r.l fil '" .., '" '" = z I o o 0; o ... '" 58 ~ 40' 60' ! LAURELHURST PHASE 1 A PORTION OF THE SE 1/4 OF TIiE NW 1/4, SEC. 15, TWP. 23 N., RGE. 5 E., W.M., CITY OF RENTON, KING COUNTY, WASHINGTON :;; H8816"1Yw 100.02 a a ~ ~ 57 ~ n51± s.r. @) 187.54 N89'S-29tf 97.54 S 0 GO :.1~ ~~ I I SEE SHEET 6 FOR CONTINUATION UNPLATTED 59 l" ~ I m8 a z ; 10' JOINT USE U nun EAS04£NT (rtP) TRACT t.I / rHO REB4R NO CAP / 0 ..... or lJN[ - -326.J7 I I 4 5 ~ N.E. 1ST ST. ______ _ ______ H~~ N8t22'42"'W L... TRACT U S£E DEDlCA lJON SHT. 1 &. o ESWT NOlE t, SHT. 10 ; 138u S.F. ~ g ~E OEOCCA 110N SHT. , &:. 2 UNPlATTED SHEET 7 OF:1.0 LUA-04-160-FP LND-IO-0415 25' 25' \~ I ",-1- I I ~ 3 I I ~ LEGEND ~ SET STAHO.w> OlY C£ RENTON CONCR£lE J,I(JoIua.OH IN CASE AS SHO .... SET 1/2" x 24'" REBAR W/'t'UlOW Pl.ASllC CI<P STAWP£O "CORE J7555- o fOUND CORNER W(»oIl./M(NT AS NOTED. ( SET TACK IN LEAD w/SHIHER ·37555"' ctf PR<P[RTY UHE EXTENOm 4.75 FEET IN UEU Of fROHT LOT CORH£RS UNLESS NOTED ODfER'MSE. .. ~~. aTY Of RrtHON STRllT ADDRESS ?DE PAiVA TE ORAJNAC£ EASDlEI'fT ~WE aTY Of REHTC« SIO(WAU( EASEMENT SEE 5H)(WAlK (ASEUENr NOTE ON SHT. 10 CURVE TABLE C5' C55 C5. 81 aD 60.00 39.00 31'59'09· :W:59'099 S.L 135TH STREET ~5 22 cORE ~DESIGN J.QJ I N.E. 29f11 PI. ScM,. IOJ ........ ,w_98007 425.885.7877 FaJ( 42$.885.7963 ENGINEERING. PLANNING· SURVEYING JOB NO. 02052 . ,. .... SHEET 8 OF 10 LAURELHURST LUA-O"-l60-FP lND-1O-0415 PHASE 1 A PORTION OF THE SE 1/4 OF THE NW 1/4, SEC. 15, TWP. 23 N., RGE. 5 E., W.M., SEE SHEET 9 FOR CONTINUATION CITY OF RENTON, KING COUNTY, WASHINGTON i!l .; :: 63 u.i z ~I I r / l"t-,-______ -;--+ ~ ·~ij \ 27 f f I I I 62 I N891S'29·W ........... I 10' PD£.90.00 "'----I'SEE 1<01£ 2l, 61 tI' 8 SliT. 10 no 1/2-REBAR w/CAP ~ g I 46811: S.F. i~~ 8~563~ : ~ H69"1S'29"'W \ 26 IOJ.15 60 6096± SI. C§) 0:8 UJZ ~ 0: all ~ .,21' ~ 21' .; ~ '~~--~"~·~~:~:~.;7:~~~---~~~~ ~,?~,'!J TRACT "A" ----------II'-I-C1 I- ----------Ol '" \ I <Xl '" vi 10 \ " a. ri 0.7·N X 0.'"[ 6 UNPLATTED 90.00 58 g -4950t. S.f. :i @ N891!io'2!J"'W !IO.OO ~ ~ 59 l" 7852* H. e UNPLATTED I I I L @ ~i ::: TRACT M 10' JOINJ USE unurv EASDI£Nf (TIP) S£E DEDICATION 5tH. I 708J5.:t S.f / FND REBAR NO CAP / 0.8'N CF UNE I I N.E. 1ST ST, ----- N8872·.2~W ---.l32.J-'------ N ~·----~------,1~42~.6 .. 4._-----_1~--~---~~_ H88"22'.rw 170.03 __ i TRACT U z i UNPLA TTED ~ r FNO l' lROI< PtPE ~ O.I'st: OF COR. 0 326.37 I U o 2 I I 5 r~- / ~ o· o ~ 9 7 GOE'S PLACE VOL 85, PC'S 12/13 \~ 4 I I -",-1 __ J. 3 / I -' ~ 2 /1 I _1 Z a: L I:' -t--... 5 a. LEGEND ~ ~~D:~T~IH~~ AS a >NO .... SET lIT" X 24-REBAR WjmJ..OW PlAS11C CAP STAIMI'ED -CORE 37555- rootl) CORNER t.KlHlJUENT AS NOTED. SET TACK IN l.£AD W/SHINER ·J75~5· ON PROPERTY lINE EXlEHOED 4.75 Frn IN UEU OF fRONT lOT CORNERS UNlESS HOlED OTHERVIISE. \.~ OTY OF RENTON STREET ADDRESS ;?Q( PRlVA T£ DRAINAGE EAS£NEtH S"N[ arY OF RENTON SlD[WAI.J( £AS[IroIENT SEE: SJDEWAtJ( EASEIoIENT NOTE ON SHT.10 SCALE: 1" = 40' 60' ! ( \ S.£. 1351H SlREET ~--- CURVE TABLE C:;O 81.00 J3"06'21~ C51 8100 241)f".r C52 60.00 5'-o8'04~ C53 '900 5Tmr04- C54 81.00 JI-S9'09~ CO> 60.00 JI'59'09- C56 39.00 31'"59'09- cORE ~DESIGN 46.ao 33.97 5i.83 38.89 45.22 33.50 21.77 r47J I N.E. 2% I't SuiN ror 8_"--. WosfWIglaft 98007 "25.885.7877 Fax 425.885.7963 ENGINEERING· PLANNING· SURVEYING JOB NO. 02052 :Zoo LA URELHURST PHASE 1 A PORTION OF THE SE 1/4 OF THE NW 1/4, SEC. 15, TWP. 23 N., RGE. 5 E.. W.M .• CITY OF RENTON, KING COUNTY, WASHINGTON SHEET 9 OF:1.0 WA.-04-166-FP i.ND-IO-0415 SEE SHEET .. FOR CONTINUATION SEE SHEET 5 FOR CONTINUATION rHD I~ IRON PIPE W/c~i S'&A 15139 0.15", Of' COR \ ~-,~+-_--t-fil-. -"'-_-'-'2.6---<' '-'~i _____ N _ ~ ) / ~ \ • ~-'~~;~c~"~~~N~~~~~~2 ____ N_._Er._2_N_D_S_T_'_~Qt-____ ~N~ ___ 1N~~_"_6'_I'_~ __ 50_1._'._~_-_____ ~ \ / j~\~ ir CJ< 42 .: ------------------------___ L c ~ '" 7J66:t S.f. ;Q ,W 41 ~-'~ ,,\ " ,-;;;;;.., /'''' .~~~ ~ g 40 39 __ \. /" /' 'J\~// \"".. ~ 38 ~ / j ///' 69 \'$0" fII~~';' c\ .~:~~'w ~ / / /:'1 0 II~ -I 43 62011: 5.F. I 6759± 5.F. 5 / @ I :; ~ 1 @) ~I----t------r-~------j~---- ./ N89'S":zg·W I ~ 21'" 21' : I /' ~~ ~C~~9 +--:I--'=·:':o.::'oo':"'::'--~I-''' I .... 1 N88'6'IJ-W 45 ( ,.; ~ I i iJ2..07 o 1 68 1 0 <"""z. w 31 ~ I 4500t Sf. I ~ ... 1 10' POE ----, 8 ~: .. ;. : ~ .. ~r'~ o! ~~,~8' '~H ~ i 47 46 48 4J Z ..J a. z ~ 0:: 4J :::; 4J 0:: ID ,:-- I L~- I I > o o o :e z '" ,~- 30 29 28 r-- / 27 <""-~- LEGEND ~ SET ST ANOARO arr a REHfa'f cc..CRET£ UONUNEHT IN CAS[ AS SHOMt. SE1 l/Z" X 2.· REBAR W/'lfiLOW PlAsnc UP srAMPED ·COA[ 375M· o FOUND CORNER WONUWENl AS NOTED. ~T ~A~~ ~ m:,::, ·:~~ET IN U[U OF FRONT LOT CORNERS UNl..[SS HOlED OlliERMtSE.. ,~ aTY OF RENTON STR£ET AOORESS ?O( PRIVATE DRAINACE EASf).IENT S'h( art OF RENTON SlDEWAlJ( E.4S[U[HT SEE" SIDEWAlK EAS£MENT NOlt ON SHT. 10 1!! ~ .,;,: s.r. 18 ~3·~ __ r _____ _ 10 ~~~====:J'U'&.63~====::=f::====::==~~==::======:t~~~~~=·~-~~~~~~ @ I~ ,·s",,· 1 .b--__ N__ _ N.E. 1ST CT. ___ N_ •• "~I3_'W ___ " gJ gl 1 1 I 90.00 I ~I .~ i! "i· ;:;~'~~~d:::=~N=-:-;6ii:1.~.'~==~========;.t:======::t--.f L ___ S38_.'_2_-_-__ ;--;·~-~-i~~~~~--+-T_,-":.:.::,9':.:S::.·2""''::'N'-_~:--4 < I I-i-j TRACT K ~/~:~---- --- - -C ~~l~~~r: -i --,:,~ ------ :10.00 " 21' 21 I :3 ~ 5111. 10 (T\"P) J b I 5([ D£OlCAnON SHY. I R g 53 52 I .0 I 6039:1: 5.r ~ ~I I I I 1 ~ ~ 1 8z' :;; ~r J ~I :"1 ~I 55 54 : 1 +-+-_.::.:.:.~.~:.:soo::.·'~·'~w __ ~I-,. ~ I 1 1 8 1 li: 1 64 4500:1: S.f" ® ~ g ~ SCALE: 1" 20' '0' I I = 40' ao' ! 81 :HI 1 1 B7.4O 56 4810:1: S.f. ® l:I 37.50 ~'0' POE I SEE NOTE 22 1 SHT. 10 59 I ,\ \ '-. g+---N~.~'~'6~·1~3~-'O-O-.0-2---l·~ w 57 716oU: 5.F. @ g ~ ~ ~ ~ I I I SEE SHEET 8 FOR CONTINUATION CURVE TABLE eJI 121.00 1-4"27'16- e32 121.00 031fr49- 310.{)5 - - UNPLATTED 30.53 700 eJl 25.00 107"22''''7-46.65 C34 179.00 01"22'34' 00 cJ7 100.00 17'46'05' .3101 046 25.00 105')3'37-46.06 e47 79.00 17"46'05 C5. 25.00 90'509'16 cORE ~DESIGN 24.50 39.70 lQfJ N.£ 291h PI. SWte 10J 8dIrove. w~ 98007 425.885.7877 106. 425..88.5.7963 ENGINEERING. PLANNING· SUI/VEYING JOB NO. 02052 ';(ooro o LAURELHURST WA-04-160-FP LND-10-0415 PHASE 1 A PORTION OF THE SE 1/4 OF THE NW 1/4. SEC. 15. TWP. 23 N .• RGE. 5 E .• W.M .• CITY OF RENTON. KING COUNTY. WASHINGTON THE EASDIDfTS DEPIC1tD (I'll 11-1£ "'.AP SHEITS OF" 1IIS FlNAl PlAT ARE FOR mE UNtlED f'URPOS(D usrm BELOW AND ARE H09rf (Dt\o£'tED rou.ovetG THE RfCORDeNG CW lHIS f»CAl PlAT AS SPEOfIfD ACCOROIfG TO mE RES£RVAtIOtS USIED tEl..ow. 1ltE OlY OF ftEHTCH SHAU. HA\o£ 11iE RtQtT to EHYER nt£ PRIVATE DR.UIAGE EASOIENlS SHOVIN HEREDI TO REPAIR NfY 0Ef1Cl0tCE5 (F mE DAAlKAGE FACUlY IN ntE £\£NT THE OItIER(S) IS/ME. NEQJCENT IN THE MAiNlENAHCE OF M DRMIAGE FAClUlJES. 1HESE REPAIRS ~ II[ AT DiE OMIER"S COST. I . .-It EASDIENT IS HQEBY RESER'o£D. GRAN1Q) AN) COf'.£r[D 10 tHE OlY OF R£NltIf. PUGET SOUND EHERG'Y. OIl£ST CCIIYUNICAnartS. CDlCAST AND T1tElR RE5PEC1I\£ SUCCESSORS AND ASSICNS" lJNDER AN) UPCH THE 20 FOOT PRrYATE ACCESS NG U1IJlY EASOIDIT SHO'MrI ~ LOT 21. lltE 28 rOOT PRIVAtE Aa:£SS AND UlIJTY EASOEHT SHOIIH 01 lOIS 52 AND 5l. 1RACT U. 1HE Dmaat 10 fEET cr AU. A£YAtefC LOts AND tRACTS. PARAI..LO. 'MDt N.o ~ oaSnNC CR PR<P05ED PtJaJC RfGHT-~-WAY AND lHOSE EASDIEHTS SHON\I HEREON AS ADDInaut. PI&JC U1lJN EASEMENTS. .. MiIOf TO INSTAU.,. LAY. CQGTRUCT, RDIEW, ClPERAlE AND WAlHTAIH UNOERCROUND lIISIRIBUlQI SlSlDIS 111m NEC£SSARY FAOLIlIES. SID£WALkS ..,., ODD EQU&PtlENT FOR 1H£ P\JRPOS[ ar SERWC ntIS SIJIIlMSICJf AID OlHElt PItCPERTY. '111M U1I.flY SEIMCD AND SIDEWALKS. TOG£1HER .1M lH( AlGfr 10 0.101 UPOI D£ LOlS AT AU. nYES n]R 'THE PlMPOS£S HmEIN 1OGEn£R STAtm NO UHES CII '*RES ftII 111[' JRANSaISSICIrI at El.EC1RK: alRRENT. a.: FOR Tn.EPHQoIE USE. CASLE ~ ARE OR POlJC[ SIQCAl. GIl mR OntER P\JRPOSES, SHAU. BE PlAClD UPON ANY LOT UNl£SS THE SAME SHAll. BE t.JNDE.RCRQJND OR IN CODIT AITAOI[D TO A BUIt.DIfC:. 2. DiE 10 FOOT PRlVA1£ DRAINAGE EASDlEHT 910.. (If. LOY 2. J. ... NolO 5 IS HII' THE BOUlT r:F lOrs 1. 2. J AND 4. lH( OVIiNERS OF' SMI 8IEH£f1ttD LOTS SHAI..l. BE A£SPQNS8lE FlJR 'DiE t.l_TDIAHCE C6 THE f'RIVAJ[ DRAINACE FAW1I(S .... SAm OSDIEHl'. 3. mE 10. FOOT PRIVATE DIlNNACE (ASEWElfr SHO'Mt ON LOT 8 AND lR.ACT H IS fCR It£ BEHEFlT OF L.OTS 6 AND 7. lHE OH:RS OF SAID eo.£flTED L.OTS SlW.L BE RE5P'ClNSIBLE FOR lHE WAtfJD'AfIkE OF lHE PRlV~ 1£ OIWHACE FACIlJYIES \W1HIt $.AI) E.ASDlEHf. <4. l1f£ to FOOT PRtVA 1£ DlWNAC[ EASEMENf ~ ON LOTS 8 AND 9 IS fOR lHE BDIDlT OF lOlS 9 AND 10. THE o.,....ms 0fC SAID 8DlEJllED LOTS SHAll. BE R£SF'OIfSB..E fOR ll£ WAlHlENANCE (F ntE PRIVATE DRAINAGE F ACiUnES _THIN SAID EASDlENT. 5. THE 10 FOOT PftfYAlE ORAINA(;[ EASEWfHT SHO-. CN LOTS 12 AND 13 IS FOR THE BENEfIT OF LOTS n AND 17. 1'HE ~ERS C# S.AJD EEFlTED lOTS SHAlL BE RESPOOSBL£ FOR lHE WAlNTEHJ.HC£ C# THE PRlVAlE ORAWAGE FAClUTJ[S wntIC SAJD EASElfEHT. 6. THE 10 FOOT PRJVAlE DRAINAGE EASD;EHT SHO\IIH ON LOT ,5 IS FOR lHE BEHU1T OF LOT .-4. 1HE CMN[RS CF 'SAJO BENEAtrD LOT 'SHAU. BE RESPONSlSIL fOR lHE U'-'NlEHAHC[ Of THE PRIVATE ORAINACE FAOUnES MntH SAID ~ENT. 7. THE 10 fOOT PRIYAlE tRMtAG£ EASDEHT SHOYH ON SOUTH END OF LOT T7 IS fOR 11-£ BEHEflT or LOT 16-THE O'MiERS or SND BEHER1ED lOT SHAlL BE R[SPOHSIBlE FOR THE WAlNl£NANCE Of" THE PRIVATE DRAiNAC[ FAOUTlES NlHlN SM) ~T. 8. TIi£ 10 FOOT PRIVAtE WUrllHAGE EASBIlNT SHOWN ON 1IiE EAST SIDE OF lOl 17 rs FOR nt£ 8ENEf1T OF Lot 18. THE OWNERS r:E SAKI BDtmllD LOT SHAll BE RE'SPONStBlE fOR mE I.WNlENAHC£ c:F JHE PRtVAJ£ DRAINAGE FAQUT!£S MJHIM SAID E:ASEWENT. 9. THE 10 fOOT PRIYA'lE DR.GIAGE EASGiENT SHOVIN ON LOT 19 15 FOR mE BEHEF1T Of" lOT 20. lHE OWNERS OF SAID BEN£flTm lOT SHAlL BE RESPOHSI8I..£ f~ THE WAlH1[NANCE OF 1HE PRiVATE ORADtACE FAOUnES 'MlHIH SAJO EA$OI(NT 10. Jl-tE 10 fOOT PRIVAl'E DRAaNAC[ EASEMENT SHOWN ON LOT 21 IS fOR THE BENEFIT Of' JRACT-A. THE O\IIN£RS Of" SAID BENEFlTED lRACT SHAU BE R(SPallSlBI..£ f'QR DtE WAlHTDlANCE OF JHE PRlVAJE DRAINAGE FAClJl1ES ~1HtH SAID £ASCJKNT. 11. TlfE JO foor P'UVAIE 'DRAINAGE EASEMENT SHOlIN ON LOT 22 IS FeR THE BEHEliT OF LOT 21. 1H[ a./ERS OF SAID 8EHEF1JED LOT 9UU. BE RE'SP<:HSJBt1: fOR ni£ WoIJHJEHNK:E OF THE PRIVATE DRAIHACE F'AQUnES '1M 1HIN SAID EASEJ,lEJtT. 12. THE 10 FOOT PRIVAtE DRNHAGE EASEUDtT SHaM a. LOTS 25. 21, 28 AND 29 IS fOR THE 8EHEAT OF' LOTS 24. 25. 26" 27 AND 28.. 1HE OWNERS aF SAtO BDI£J1lED LOTS SHAll. BE RESPONsa..£ fat mE M.fHttNAHcE Of THE PRjVAlE DRAINACE rACa!1IES VIIUftN SAl) EASBIDn. 1.3. THE 10 rOOT PlaVA1£. ~GE EASEUENT SHO-.. CW LOT 31 IS Felt TliE BEKEflT·or LOT..lO. THE OVINERS OF' SAID BEHffitm Lor 5IW.1. BE RESP(WSIBlE ~ 1HE WAlHlEHAHC£ Of' 1)£ PflVAlE QRAlfAGE FAaunES 'MTHIH SAJO EA5DlENT. 1 .... THE to FOOT PRlVAJE tlRAWAGE EASEWEHT SHO'fIIN ON LOT lJ IS FOR 1t£ BD«HT OF LOTS .l2. THE OVItI[RS OF SAl() 8£NEFllED LOT 9W.L 9£ RESP<»ISlBl£ FeR THE WAJNTENNfC( or THE PRlVAn: DRAlNAC[ FAQUnES \ldTliJtf SAID EASDrIENI. 15. JHE 10 fOOT PAlVAlE DbWACE EAsa.£NI SHmIIt ON LOT 35 IS FDR JHE .EIEN01T fS LOT 3-4. mE: O'IIINERS OF' SAID 8[NUlJED LOl SHAll. BE RE5POfSI8l[ rat THE uAINlEHNK:[ or THE PRIVAIE ~AC[ FAOUTlES 'MTHIN SAl) EASDlENT. 16. THE 10 FOOT PRlVAlE IJiU.INAGE EAS£MEHT SHOWrI Of lOTS 37 AND 31 rs rOR THE BENOU 01' LOTS J6 .AHD 37. THE O'ftWfRS Cf' SND 8DIEF1lED LOTS 9-IAU BE ~Sleu: FQR THE UMfTDfANC( rE l1iE PRfYAtE DRAINAGE FAa...lTlES .net SAID EASDA:NT. 11. lHE' 10 fOOT PRIVAtE tRUlAGE EASDlEHr SHOW ON LOTS. -'9 AND -40 IS FOR DiE BENEJlT (6 LOTS <40 AND 41. ntE O\WI£RS OF SAG BOUlT'ED LOTS SHAll. BE RESPcwgBl.£ FCR mE UAIH19tAHC[ fI ntE PRtVAIE DRAIHAG£ r ACl.JT1ES ....... SAIl EASEWENT. 18. TH£ 10 Foor PRtVo\1( DfUWAC£ EAsatDlJ SHO'Mt ON LOTS 44. ~ NtO ... tS fOR 11-£ BENEFIT or LOrs <43, ~ .... AND "7. THE <M€RS Of' SAfI) BENEflJm LOTS SHAlL 8( RESPaISIBlE fa. 1HE WAIHlENANCE OF nfE PRlYATI OfWNACE fM:l..l1lfS -.ntIN SAID EAsDlEHT. f9. ntE 10 FOOT PRlVAJE mtMU.GE EASEWOfT SHO"," ctI LOIS 48 AND !to IS FOR IliE 8£N£1lJ OF LOTS 48 .AHD "9. 1'HE O'fINERS or SAID .,.FHm LOtS 9fAll. BE R£SP<JNSIBL£ FCIt THE "'AlHTEHAHC( fE THE PAIVA IE DRAINAGE F' AcumES 'I1InIH SMJ E.ASiDlEHT. 20. THE 10 FOOT PRlVA1E DRNNAC( EASEWEHT SHQlIN Ofrf lOT 51 IS fOR THE BEHD1T (S lOT 52. THE O'M'+ERS (E SAID BDfilTEO LOT SHMJ... BE: RE!PC»tSB..[ FOR 1HE "",,"'JOUNCE or lH[ PRlVAJ'E DRAINAGE FAatJJIES *lHlN SAID EAS(MENl. 21. THE 10 FOOl PIIVA1[ llItM&AGE EASOENT SHO'MI C»I LOTS 5-4, 55 NolO TRACK K tS FOR lH£ BENUlT Of' LOTS .53. 5-4 AHO .5S. 1H[ CNNERS OF SAO aENfFlTED LOtS SHAll 8£ RESP<JNSIBl£ fCR lH[ MAlNlDtAHC[' ar tHE PRIVATE DRAlHAC£ FACUJIES YllnuN SAID EASDlDtT. 22. THE 10 rOOT PRIVATE DRAIftAG( EASEUENT SHO.., a. LOTS .57. -'II AHO 59 IS FOR 1WE 9£NEFIT OF lOTS 56, 57 AND 5a Oi[ oVNJtS f6 ~ BENUlTED LOtS SHALl BE RESPONSI8t..E FOR THE WAlHT'EltANC£ OF 1HE PRIVATE DRAJNAGE FACR.JT1(5 ...... SAl) EASDIOfT. . 23. Tl-I[ to fOOl PAlVAlE mtMCAGE EASDlEHT SHO\IIN ON LOTS 60.. 61, 82.. 5-'. 5., 65. 615. 67 AHQ 68 tS fOR mE BEN£FtT rw LOTS 61. 62.. 63. 6 •• 65. sa. 67, 68 AND 69. n-tE O~ (S' SAID B£NEJ11ED lOTS SHAU... BE R[SPONSI8l.[ FeR tHE WMrIIlDtANCE C7 tHE PRlVA'IE DRAINAGE F'AClUTIES YIIll-tlN SAID £ASOeolT. H. THE 20 fOOT PRIVATE ACCESS AND UT1Un EA.SDl£HT SHOv.tt ON LOT 28 IS FOR TM£ 9ENE11T Of' lOT 27. THE OM-lERS OF SAID LOTS 7:1 ANI' 28 SI-fAU... B( R£5Pa'ISIIIlE fOR l11EJR RESPECnVE PRIVATE uTlJrr FAClUn[s ANO SHME EWAlL Y IN JHE .... 1ENANCE R(SP(lNSBUn£S OF 1l-I[ ACCESS UTlUllES USED IN COIaKlH MlIitN SAID fASENENT. 25. THE 26 fOOT ACCESS EASalENT SHQMfII ON LOTS 52 NUl 5-' IS fOR nfE BEHUlT OF LOTS 5Z. :'.l AHa THE A.()..J()fNINC SOU1W[Rl:r PRCIP£RlY OMIER. n£ OWN[RS or 5JJO a(H[nTED LOIS 52 AfC) 5J SHAll BE RESPONSISU roo THE MMIlDtAHa: Of' SAID ACCESS EASD4HT. 26. TNE PRIVATE ORAtNAGE EASEWENT suo .... CH mA.CT l IS fOR THE BENEJ1T Of' THE l..AlJR£1..HUASl COWMUNITY ORGAHIZAnCIN. n-tE LAUAEI.H.ffST COUWUNIfY ORCANfZAllOH SHAU... BE RESPONSIBlE FOR THE MAINTENANCE OF IHE PRtVAl[ DRAINAGE fACU1lES WlmlN SAID EASO.IfNT. 27. 1'HE n:t.IPORART 2rf WIJf EWERCENCY -'lCCESS EASEJ.lENT SHO'i'N <»I LOTS I AND 10 AHa THE 'J'EMPORMY EWE~C£NCY A.ca:ss EASDlDtl SHOlMt ON Lor 2J ANO TRACT D ARE HER£8y RESER'YED rOR AND CRAHT£D ro THE alY Of RENTON rOR EMERCENCY V(H1Cl£ ACCESS. THE LAURElHURST COUWUNITY ORGAHIZATKW SHAlL BE RESPONSl9l£ FOR THE NAIH'JENAHC( « mE A.CC['Ss r AOUTlES WlTktN SAt[) EAS£IoI£NT, SAJI) EASalENT SHAU AU TOtAA ncAU. Y EXPIRE 'Mf£H THE PU9UC STREETS AD.IOINING ARE EXTENDm. ACCBSS WBIIBNT NOTB 'MlNESSElH lHAT SAl) GRAH1OA(S). FOR VAlUA8l.f COHSIDERAllOH. RECEIPT CJF \tHOi IS HEREBY AO<NO'M.£DCED. ~ GRANIS AND CON'EYS JtH ACCESS EMnIENT OVER. ACaOSS, AND UPON THE PRlVAl£ ORAIMAGE' EASEWfHTS !i1f(JyM tw DIE FAa: OF THIS PlAT. fI(R AN ENGINEERING PlAN AfPR014D BY THE alY 01 RENTON AS A GRAHl(£. TO EHlER UPON SAl) O!DeEN1{S) Fat THE PURPOSE CF C8SERYIfC AND IH~ 1HE ~~~~~TF~U~~~~t:!.~T::;i'~1HN~ EAsalEHT "'A(S~ l1iE ~lS HER£lH COHlAANED SHAlL ,.,. WITH lIfE lAHO A.NO ARE SlNDHG UPON DiE GRANTOR(s). ITS HEJRS. AND AU. ruBSEQ.l£Nl1AL. ov.NERS(S) THEREOf', FORE\ER SIDDALl: IWIBIBNT NOTB THE OMtER$ OIlN1l HEREBY Sl.ID\1OfD DO HERmY QtAHT AND CCN\£Y' TO THE aTY CE R£HTOf. ITS ~~.:co.~~~~~==~:c.~~LJ(. TOCOHER 'MlH lHE RIGHT ,. JNGR£SS ..".D ECRESS lI-ERETO 'MlHOUT MY PRKlR INsnn.mON rI SUIT PROCEEDINGS OF LAW .AND 1I1HOUT INCt.IAAN;: lIMY L£CAl c::a.JGA nON eft UABlJTY lH£REF'0A£. 'DiE EASOmfT HEREBY GRIoHl'ED AND CQf\£)'[D IS GRAE"HICAlLY DEPlClED AND IDENTIFIED ON SftEETS .. lHAU 9 (E to H£RON AS alY Of RENTON Sl)£WAtJ[ £AS[NENTS.. BASKMBNT PROVISIONS EASaiEHT fOR It-£ CCHS'IRtICn(W. REPAIR. RECOOSlRUC1iON ANO NAlNlEHAHCE CE QRAlNAC( FAQUTJES Aft( HEROY CRUlED NtO ESTASUSHED F"M THE BEHEfJT OF 1HE ABUTlINC LOT 01N(RS WlTHN 1KIS PLAl. 0'r£R. ACROSS. Jtnj UNOflI THE TWO AND atE'-tMlF f£ET IN ..,m OF THE PORlIOH Of. EAot LOT ASUTTIHC A L.H: CotrAKW III1H AN01H£R LOT OR lRACT AND 5.00 FEET IN 'MOlH ADJACENT TO AND PARAUD.. M1H lH[ REM SOUNDAAY Cf' SAl) LOlS AND l'RAClS. NO S1RUC1I..JAE.. PlAHT1NC OR OlHER IIAlERtAl 'IIHIOt WAY OAWACE CR 1H'JERfERE 1I1H 'DiE WSTAl1.AlIOH AND YAlNlDfANCE Qf"U11ll11ES OR f"ACUl1ES. OR ¥lH1Ot NAY 0iAH« TI-E DIRECTION CE ROW a:t DRAlHAGE otAHNELS IN mE EASEKNlS. OR 'MiIQf ),fAY OBSlRUCT OR RETARD 1HE flOW OF' WA T£R 1HROOQI THE mtAlHAG[ QfANHflS It 1lfE EASDlENTS. SHAlL BE PlAaD OR PERMJTTEQ TO ROINN WItHIN ANY CE lH!S[ EASDIDffS. -mE PORlION OF 1HES£ EASENEHTS ON EAOi LOT SHAll B( UM4TMtIl) BY THE O'MIIER rs H LOT. EXaPT FOIl DiOSE ll1PRO'VEUENTS WITHIN THE [AS[l4:NTS THE IIfAiNJEHANC% f'OR WHICH A PUBUC AU'lHaVTY. UTlUlY COtoIPANY. OR THE C(ldIrA.lNiTY QRGANlZA'RCN ARE RESPQNSlBl.£. cOilE ~DESIGN 19J J N.f. 29WIo tl s... rOJ a.u..,.., w~ 98OOJ' 425.885.7877 Feu 425.B85J9d3 ENGINEEIlING . PLANNING· SURVEYING JOB NO. 02052 ., ".:' .. 'Q030808000748.001 lalll",'I' ~~1 T&.TLfeaUD 21." WHENRECORDED RE1URNTO OONNERHOMES COMPANY 846-1081HNB BBLLEVUE, WASIUNGTON98004 ~"COUNIZ4I'3 11:38 TY. l1li E1979075 n~a:rTYlliI TAX 0:174 ... SALE $331 ....... PAGE eel OF .. 2 @ _CHI_C_A_G_O_TITLE __ IN_S_U_RAN __ CE __ CO_MP_AN_Y-nSH!l1l16imi.~'*l8H7~ijHl:Jrf#ilS-nS~O ~ 1110013 -I c:> STATUTORY WARRANTY DJ:mu-(i) Dated AUGUSl'S, 2003 THE GRANTOR YAKOBO XIONG AND NOULEE, HUSBAND AND WlFE for and m coDsuieratIon of TENDOUARSANDOmERGOODANDVALUABlECONSlDERATION m hand patd, conveys and warrants to CONNER HOMES COMPANY, A WASHINGTON CORPORATION the followmg descnbed real estate sltuated m the County of KING Tax Account Number(s) 152305-9194-08 State ofWashmgton THE NORTH HALF OF THE NORTH HALF OF THE SOUTHNEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER; EXCEPT THE EAST 190 FEET THEREOF; AND THE NORTH 30 FEET OF THE EAST 190 FEET OF THE NORTH HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER; EXCEPT THE EAST 20 FEET THEREOF FOR ROAD, ALL IN SECTION 15 TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON. SUBJECT TO EXCEPTIONS SET FORTH ON ATTACHED EXHIBIT "An AND BY THIS REFERENCE MADE A PART HEREOF AS IF FULLY INCORPORATED HEREIN ----~~ YAKOBO XIONG ~ NOUlEE SS STATE OF HAS~~TON COONTY OF --t.~-r,I/2> _____ -- ON THIS 'J':: DAY OF AUGUST, 2003, BEFORB ME, THB UNDERSIGNED, A NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON, DULY COMMISSIONBD AND SWORN, PERSONALLY APPEARED YAICOBO XIONG AND NOU LEE KNOWN TO ME TO BE THE INDIVIDUAL (S) DESCRIBED IN AND HMO BXRCUTED THE WInJIN INSTRUMENT AND ACKNOWLEDGED THAT THEY SIGNED AND SEALED THE SAME AS nJEIR FREE .AND VOLUNTARY ACT AND DEED, FOR THE USES AND PURPOSES HEREIN MENTIONED "'0030808000748.002 , • CIDC\GO TITLE INSURANCE COMPANY EXHIBIT A EscrowNo 1110013 BASEMENT AND THE TERMS AND CONDITIONS THERBOF: RESERVED BY. PURPOSB AREA AFFECTED: RECORDED RECORDING NUMBBR: JOE J. SULLIVAN AND GERTRUDE SULLIVAN, HIS WIFE ROAD J\Nl) tTI'ILITIBS NORTH 30 FEET OF SAID PREMISES APRIL 8, 1976 7604080089 RESERVATIONS MID EXCEPTIONS CONTAINED IN DEED FRCM NORTHERN PACIFIC RAILROAD CCMPANY -')030808000748.003 RESBRVING AND EXCBPTING FR(M SAID LANDS SO MUCH OR SUCH PORTIONS THEREOP AS ARB OR MAY BE MINERAL LANDS OR CONTAIN COAL OR IRON, AND ALSO THE USE .AND THE RIGHT AND TITLE TO THE USB OF SUCH SURFACE GROUND AS MAY BB NBCBSSARY FOR GROUND OPBRATIONS AND THE RIGHT OF ACCESS TO SUCH RESBRVlID AND EXCEPTED MINERAL LANDS, INCLUDING LANDS CONTAINING COAL OR IRON. FOR THE PURPOSE OF EXPLORING. DEVELOPING AND WORKING THE SAME RECORDING NUMBER. 192430 DECLARATION OF CONDITIONS AND RESTRICTIONS REGARDING ANNEXATION TO A PUBLIC WATER DISTRICT AND FORMATION OF A LOCAL IMPROVEMENT DISTRICT RECORDED. RECORDING NUMBER MARCH 31. 1977 7703311046 TERMS AND CONDITIONS OF NOTICE OF CHARGES BY WATER. SEWER, AND/OR STORM AND SURFACE WATER UTILITIES. RECORDED UNDER RECORDING NU'lBER 9606210966 WHEN RECORDED RBTURNTO CONNBRHOMES OOMPANY 846108THA VENUE NE, SUITB20l BBLLEVue, W ASfIINGTOl'l98004 E2069881 19/15/21 .. 14:1. KING COlIITY, 1M slJI $lSJ:.l ...... r-_____________________________________ • ___ '_~ __ ._' ________ ~ ___ .. __ 1 OF e81 20040915001452.001 ~ __ C __ H_IC_A __ G __ O_TI_TL __ E_m __ S_u_RAN ___ CE __ C_O_MP __ AN ____ Y __________ _ '!!I 1121135 STATIITORY WARRANTY DEED Dated: SI!l'Tf!NBHR 8, 2004 TIlE GRANTOR JULIE M SCHISEL, PERSOl'lAL REPRESENI'ATIVB OFnJE ESTAlB OF CLARAHAOBRMAN, DECEASeD AS TO PARCELA;ANDMlCHAELHAMPSHIRE,WHOAl.SOAPPEARSOFRBCORDASMICHAELL.HAMPSHJRE AND liNDA GOB, WHO ALSO APPEARS OPRECXlRD AS UNDA S. GOEAND UNDA5. GOEHAMPSHIRE, nt1SB/ltlB ,'L'fi) WlF'BASllIlllR RESPECTIVE SElPARATE ESTATESAS TO PARCEL B for and in consideration of 1'El'lDOlLARSANDOTHBRGOODANDVALUABLEOONSIDERATION inhand paid, conveys and warrants to CXlNNERHOMES COMPANY,A WASlDNGTONCORPORATION the following described real estate situated in the County of KING Tax Account Number(s); State of Washington: 152305-9213-05; 152305-9215-03; 152305-9038-08; 152305-9214-04 THE ABBREVIATED LEGAL DESCRIPTION IS AS FOLLOWS: LQTS 1-4, KCSP #179143, REC #7910180905. THE COMPLETE LEGAL DESCRIPTION IS LOCATED ON PAGE 3 AS EXHIBIT "A-ATTACHED HERETO AND BY THIS REFERENCE MADH A PART HEREOF. SUBJECT TO: EXCEPTIONS SET FORTH ON ATTACHED EXHIBIT °B" AND BY THIS REFERENCE MADE A PART HEREOF AS IF FULLY INCORPORATED HEREIN. ESTATE OF ClARA HAGERMAN DECEASED CHICAGO TITLE INS. coCi) REF# //~/[]..f-/D X\\"lJl~~ BY: JUUE M. SCHISEl. PERSONAl MICHAEL L HAMPSHIRE REPRESENTATIVE ___ ~d~~~ UNDA S. GOE HAMPSHIRE SWD/RDAI01I99 WHEN RECORDED REIURNTO CONNER HOMES COMl'ANY 846108THA VENUENF. SUlTE202 BEU.EVUE, WASHINGrON!I8OO4 :Z0040:f15UU1452.UU::I! @_C_H_IC_A_G_O_TI'TLE ___ IN_S_URAN ___ CE_C_O_M_PAN __ Y __ 112_1_135 __ _ STATUTORY WARRANTY DEED Dated: SEPTBMBBR8,2004 THE GRANTOR JUIJBM.SClllSEL,PBRSONALREPRESHI«ATIVEOF'llJBESfATEOPaARAHAGERMAN,DI!CBASBDAS TOPARCELA;ANDM[CHABLHAMPSIURE,WHOALSOAPPEARSOPRBCORDASMlCHAELLHAMPSHfRB AND UNDA GOE, WHO ALSO APPEARS OF RECORD AS IJNDA S. GOBAND UNDAS. GOBHAMPSHlRE, HUSBAND AND WlFEASTHFJR RESPECI'IVESEPAitATB ESTATESAS TO PARCEL B for and in consideration of 'IENDOllARSAND O'lBER GOOD AND VALUABLE CONSIDERATION in hand paid, conveys and warrants to CONNERHOMES COMPANY,A WASHJNG'l'ON CORPORAnON the fonowing described real estate situated in the County of KING Tax Account Number(s): State ofWasbington: 152305-9213-05; 152305-9215-03; 152305-9038-08; 152305-9214-04 THE ABBREVIATED LEGAL DESCRIPTION IS AS FOLLOWS: LOTS 1-4, KeSp In 79143, REC #7910180905. THE CCMPLBTE LEGAL DESCRIPTION IS LOCATED ON PAGE 3 AS EXHIBIT "AW ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SUBJECT TO: EXCEPTIONS SET PORTH ON ATIACHED EXHIBIT "B" AND BY THIS REFERENCE MADE A PART HEREOF AS IF FULLY INCORPORATED HEREIN. ESTATE OF ClAM HAGERMAN DECEASED MICHAEl L. HAMPSHIRE UNDAS. GOEHAMPSHIRE STATE OF WASHINGTON COUNTY OF KING ss 20040915001452.003 I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT JULIE M. SCHISEL IS THB PERSON WHO APPEARED BEFORE ME, AND SAID PERSON ACKNOWLEDGED THAT SHE SIGNED THIS INSTRUMENT, ON OATH STATBD THAT SHE WAS AUTHORIZED TO EXECUTE THE INSTRUMENT AND ACKNOWLEDGED IT AS PERSONAL REPRESENTATIVE OF ESTATE OF CLARA HAGERMAN, DECEASED TO BB THE FREE AND VOLUNTARY ACT OF SUCH PARTY FOR THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT. DATED: NOTARY SIGNATURE PRINTED NAME: NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON RESIDING AT MY APPOINToMENT EXPIRES ____________________ ___ STATE OF WASHINGTON COUNTY OF KING SS ON THIS 14-IH DAY OF SEPTEMBER, 2004, BEFORE ME, THE UNDSRSIGNBD. A NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON, DULY COMMISSIONED AND SWORN. PERSONALLY APPEARED MICHAEL L. HAMPSHIRE AND LINDA S. GOE HAMPSHIRE KNOWN TO ME TO BB THE INDIVIDUAL(S) DESCRIBED IN AND WHO EXECUTED THE WITHIN INSTROMENT AND ACXNOWLBDGED THAT 'l'HRY SIGNED AND SEALED 'l'HE SJ\ME AS THEIR FRBE AND VOLUNTARY ACT AND DEED, FOR THE USES AND PURPOSES HEREIN MBNTIONED. NOTARY SIGNATURE PRINTED NAME: NrhJ~ :t-1=0 Iter· NOTARY PUBLIC IN AND R THE STATE OF WASHINGTON RESIDING AT S=e3>E~Ak \.tjA-..\ . MY COMMISSION EXPIRES ON \lJ., I oS: STATE OF WASHINGTON COUNTY OF KING ss 20U4U:l1 !:IU01452.U04 I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT JULIE M. SCHISBL IS THE PBRSON WHO APPEARED BEFORE ME. AND SAID PERSON ACKNOWLEDGED THAT SHE SIGNED THIS INSTRUMENT. ON OATH STATED THAT SHE WAS AUTHORIZED TO EXECUTE THE INSTRUMBNT AND ACKNOWLEDGED IT AS PERSONAL REPRESENTATIVE OF ESTATE OF CLARA HAGERMAN, DBCEASBD TO BE THE FREE AND VOLUNTARY ACT OF SUCH PARTY KS MENTIONED IN THE INSTRUMENT. DATED: q "1 la, FRANK C. DE MARCO STATE OF WASHlHGTON ~-'-PU8UC ~A-MY COMIoII8$OIEXPIU ..... NOTARY SIGNATORE PRINTED NAME: ~ c. ~n. P!ct.~ NOTARY PUBLIC IN AND FOR Tim STATE OF WASHINGTON RBSIDING AT Oe'J"" tto .~( MY APPOIN'l'MBNT BXPIRis ~t!L 09 STATE OF WASHINGTON COUNTY OF KING SS ON THIS nAY OF SEPTEMBER, 2004, BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON. DULY COMMISSIONED AND SWORN, PERSONALLY APPEARED MICHAEL L. HAMPSHIRE AND LINDA S. GOE HAMPSHIRE KNOI'IN TO ME TO BE THE INDIVIDUAL (S) DESCRIBED IN AND WHO EXECUTED TIm WITHIN INSTRUMENT AND ACKNOWLEDGED THAT THEY SIGNED AND SEALED THE SAME AS THEIR FREE AND VOLUNTARY ACT AND DEED, FOR THE USES AND PURPOSES HEREIN MENTIONED. NOTARY SIGNATURE PRINTED NAME: NOTARY PUBLIC IN AND. FOR THE STATE OF WASHINGTON RESIDING AT ________________ __ MY COMMISSION EXPIRES ON ____________ __ NQTARY/RDAJII9ZIOO CHICAGO TITLE INSURANCE COMPANY EXHIBIT A LEGAL DESCRIPTION The land referred to is situated In the State of Washington, Couuty of KING as follows; PARCEL A: 20040915001452.005 ESCIQW No.: 1121135 , and is des~d LOTS 1. 3. AND 4. KING COUNTY SHORT PLAT NUMBER 179143. RECORDED ONDSR RECORDING NUMBER 7910180905 BEING A PORTION OF THE SOOTH HALF OF THE SOUl'HHES"l' QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 15. TOWNSHIP 23 NORTH, RANGB 5 EAST, WILIJIMETTB MERIDIAN, IN KING COUNTY, WASHINGTON, IDCCEPT TIlE WEST 7.5 FEET THEREOF FOR ROAD 1 TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER TRACTS Y AND X OF SAID SHORT PLAT; EXCEPT THAT PORTION OF SAID BASEMENT LYING WITHIN SAID LOTS 1, 3, AND 4. PARCEL B: LOT 2 OF KING COUNTY SHORT PLAT NUMBBR 179143, AS RECORDED UNDER AUDITOR' 5 FILS NO. 7910180905 BEING A PORTION OF: THE SOOTH HALF OF THE SOUTHWEST QUARTER OF THE THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH. RANGE 5 EAST •• H.M •• IN KING COUNTY, WASHINGTON, EXCBPT THE WEST 7" 5 FEET OF ROAD; TOGETHER WITH AN BASEMENT POR INGRESS, BGRESS AND" UTILITIES OVER TRACTS Y AND X OF SAID SHORT PLAT; EXCEPT THAT PORTION OF SAID EASEMENT LYING WITHIN SAID LOT 2. 20040915001452.006 CHICAGO 'lTl"LE INSURANCE COMPANY EXHIBIT B Escrow No.: 1121135 BASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NUMBER: CITY OF RENTON POBLrC UTILITIES (INCLUDING WATER AND SEWER), WITH NBCESSARY APPURTENANCES PORTIONS OF SAID PREMISES AND OTHER PROPERTY AS DESCRIBED IN SAID INSTRUMENT MARCH 24, 1980 8003240430 UNDBRGROUND UTILITY BASEMENT AND THE TERMS AND CONDITIONS THBREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NUMBER: PUGBT SOUND POWBR &. LIGHT COMPANY ELBCTRIC TRANSMISSION AND/OR DISTRIBOTION SYSTEM PORTIONS OF SAlD PREMISES AND OTHER PROPERTY AS DESCRIBED IN SAID INSTRUMENT JUNE 6, 1980 8006060400 CONTAINS COVENANT PROHIBITING STRUCTORBS OVER SAID BASEMENT OR OTHER ACTIVITIES WHICH MIGHT ENDANGER THE UNDERGROUND SYSTEM. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE: AREA AFFECTED: RECORDBD: RECORDING NUMBER: INGRESS AND EGRESS AN EASTERLY PORTION OF LOT 1 AS DESCRIBED IN SAID INSTRUMENT APRIL 13, 1981 8104130228 RESERVATIONS AND EXCEPTIONS CONTAINED IN DEED FROM NORTHERN PACIFIC RAILROAD COMPANY: RESERVING AND EXCEPTING FROM SAID LANDS SO MUCH OR SUCH PORTIONS THEREOF AS ARE OR MAY BE MINERAL LANDS OR CONTAIN COAL OR IRON, AND ALSO THE USE AND THE RIGHT AND TITLE TO THE USE OF SUCH SURFACB GROtJND AS MAY BE NECESSARY FOR GROUND OPERATIONS AND THE RIGHT OF ACCESS TO SUCH RESERVED AND EXCEPTED MINERAL LANDS, INCLUDING LANDS CONTAINING COAL OR IRON, FOR THE PURPOSE OF EXPLORING, DEVELOPING AND WORKING THE SAME. RECORDING NUMBER: 192430 COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS, NOTES, DEDICATIONS AND SETBACKS, IF ANY, SET FORTH IN OR DELINEATED ON SAID SHORT PLAT. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETI'IEEN: AND: RECORDED: CLARA HAGERMAN RENTON WATER DEPARTMENT MARCH 24, 1980 EXHIBlf/RTlAjem ." .. 20040915001452.007 CHICAGO TIlLE INSURANCE COMPANY RECORDING NUMBER: REGARDING: EXHIBIT B Escrow No.: 1121135 (continued) 8003240428 NO PROTESTS CAN BE MADE AGAINST THE CONSTRUCTION OF, OR ASSESSMENT FOR A PBRMANBNT WATBRMAlN I4HICH WILL NBCESSARILY BE CONSTRUCTED IN THE STREET TO SERVE THIS PROPERTY. TERMS AND CONDITIONS OF NOTICE OF CHARGES BY WATER, SEWER. AND/OR STORM AND SURFACE WATER UTILITIES, RECORDED UNDBR RECORDING NUMBBR ~606210966 MATTERS DISCLOSED BY SURVEY RBCORDED UNDER RECORDING NUMBER 7~70209015 , AS FOLLOWS: POSSIBLE ENCROACHMENT OF SHED SOUTHBRLY OF THE NORTH LINE, AND ANY ADVERSE RIGHTS STEMMING THEREFROM. exhibitc/r llII/121196 20040915001452.007 CHICAGO TITLE INSURANCE COMPANY RECORDING NUMBER: REGARDING: EXlllBlT B (continued) 8003240428 Escrow No.: 1121135 NO PROTESTS CAN BE MADE AGAINST THE CONSTRUCTION OF, OR ASSESSMENT FOR A PERMANENT WATBRMAlN I'IHICH WILL NBCESSARILY BE CONSTRUCTED IN THE STREET TO SERVE THIS PROPERTY. TERMS AND CONDITIONS OF NOTICE OF CHARGES BY WATER, SEWER, AND/OR STORM AND SURFACE WATBR UTILITIBS, RECORDBD UNDER RECORDING NUMBER 9606210966 MATTERS DISCLOSED BY SURVEY RECORDED UNDER RECORDING NUMBER 7970209015 , AS FOLLOWS: POSSIBLE ENCROACHMENT OF SHED SOUTHERLY OF THE NORTH LINE. AND ANY ADVERSE RIGHTS STEMMING THEREPROM. exhibitc/r lJII/121196 20040915001452.007 CHICAGO TITLE INSURANCE COMPANY RECORDING NUMBER: REGARDING: EXfDBlT B (continued) 6003240426 Escrow No.: 1121135 NO PROTESTS CAN BE MADE AGAINST THE CONSTRUCTION OF, OR ASSESSMENT FOR A PERMANBNT WATERMAlN WHICH WILL NECESSARILY BE CONSTRUCTED IN ntB STREET TO SERVE THIS PROPBRTY. TERMS AND CONDITIONS OF NOTICE OF CHARGES BY WATER, SEWER, AND/OR STORM AND SURFACE WATER UTILITIBS, RECORDBD ONDBR RECORDING NUMBBR 9606210966 MATTERS DISCLOSED BY SURVEY RBCORDED UNDER RECORDING NUMBER 7970209015 , AS FOLLOWS: POSSIBLE ENCROACHMENT OF SaBO SOUTIlBRLY OF THE NORTH LINE. AND MY ADVERSE RIGHTS STEMMING THEREFROM. exhibitcfrlm/121196 IIIIIIIIII~IIIII 20040917001759 CHla:aGO TITLE UO ze 00 "AGEeIS OF 002 . 09/17/ze04 15:08 WHENRECORDEDRETtlRNTO_ .KING COUNTY, lolA ~~r~R1~g~sA~~ 'I~ Excise Tax Paid On. ContractAff. No.£.2P~~ 74J BELLEWE. WASHINGTON 98004 ~ ~KingCo.AecordSDivisiO .~'.- 1 _~ oopu~ :~: ~ ~ . . < CHICAGO Tl11.E INSURANCE COMPANY .. (Folfilbnent) 001121133 Statutory Warranty Deed :. THE GRANl'OR DONALD E. HAMBLIN AND MARYE. HAMBliN. WHO ALSO APPEARS OF RECORD AS MARY ELLEN HAMBLIN. HUSBANOA NO WI FE for lIIId In considenlloll 01 FULF1LLMENT OF REAL ESTATE CONTRACT In hand Dald. co~ aad warranls to CONNER HOMES COMPANY. A WASHINGTON CORPORATION the foDowing desaibed real estate ~Ied in the County of KING State ofWaslliJJgton: lOTS 1. Z. AND 3. KING COUNTY SHORT PLAT NUMBER 678160. RECORDEO.lJII)ER RECORDING NllIIBER 7810171b32. SAID SHORT PLAT BEING A SUBDIVISION OF A PORT I ON OF THE EAST HALF' OF THE NORTH HAlf OF THE SOUTHWEST QUARTER OF mt NORTHEAST QUARTER oF: THE NORTHWEST QUARTER OF SECTION 15. TOWNSHIP 23 NORTH. RANGE 5 EAST. :'WILLAMETTE IERrOIAN. IN KING COUNTY. WASH INGTON: @ FIlED BY CHICAGO l1TlE ~ CO. REF., ,. '2. ,. '3 ~ .-., o· Tbls deed Is given in ful8lImeBt of lIIat certain real estate conlract between the parties hereto. dated 03130/04 and oondWoned for the tOIIYeJ3nce of the above described, property and the oorenants of walTallty herein contained sbaIJ DOt apply to any title, iDtereS! or encumbrance 8~by.1brouf:b ~r under the purchaser in said contract, and shall ao« apply to any taxes, assessmenls or other charges ~. assessed or becoming due subsequeot1othedateofsaJdcontract_ , ; .......,:. !' .• "0 ft~'3 Real Estate Sales Tax was paid on this sale on 04-01-04'. E;xciSe TuRereipt No:; h.'~ .l.. o:r D~g~ttr'''''bor.1~~~;:~~''ri ·1· 20040917001759.00' STATE OF WASHINGTON SS COUNTY OF KING ON THIS 110 ttl DAY OF ~1iJ:i{,v. 2004,BEFORE ME. THE UNDERSIGNED, A NOTARY PUBliC I AND FOR THE STATE OF WASHINGTON, DULY COw.tISSION£D AND SWORN, PERSONALLY APPEARED DONALD E. HAELIN AND MARY E. HAMBliN KNOWN TO ME TO BE THE INDIVIDUAL(S) DESCRIBED IN AND 11K) EXECUTED THE WITHIN INSTRUMENT AND ACKNOWLEDGED THAT TIfEY SIGNED AND SEALED THE SAME AS THEIR FREE AND VOLUNTARY ACT AND DEED, FOR THE USES AND PURPOSES HEREIN MENTIONED. PR I NITD NAME: NOTARY PUBLIC ~~~="=I:.=-:::~~~~~== RESIDING AT p.u..:~t...:II"":u.;;>'-o71 JIV COMMISSION EXPIRES ON .J...+-=--i...=-=_ 20040917001759.00: WHEN RECORDED REfURNTO CONNER HOMES COMPANY 8461081HA VENUBNE, sum 202 BE.lLEVUB, WASHINGTON 98004 E2071205 "/21/2 .. 4 13:57 20040921001709.001 ~= eou:g.~ ... SALE $1.251 ..... '· PAGE00t OF IIlflI '*' _CHI_C_'A_G_O_TI1LE __ IN_SU_RAN __ C_E_C_O_MP_ANY _____ _ '1!!1 1038081 SfATIJTORY WARRANTY DEED Dated: SEPIEI'tfBER 8, 2004 TIlE GRANTOR 100000N. CAlU.O,ANUNMARRIBD MAN for and in oon.sideration of 11lN DOUARS AND ornER GOOD AND VALUABLE CONSIDERATION jnhand paid, conveys and warrants to CONNBRHOMESCOMPANY.A WASHINGTON CORPORATION the foDowing described real e.<llate situated in the County of KING Tax Account Number(s): State ofWasbiogton: 152305-9015-05 THE NORTH HALF" OF" THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SBCTION 15, TOWNSHIP 23 NORTH, RANGE 5 BAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; EXCEPT THE EAST 20 F"EET THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEED RECORDED UNDER RECORDING NUMBER.1799641. SUBJECT TO: EXCEPTIONS SET FORTH ON ATTACHED EXHIBIT 'A" AND BY THIS REFERENCE MADB A PART HEREOf? AS IF POLLY INCORPORATED HEREIN. SIVDfRDAI1l899 STATE OP WASHINGTON COtJNTY OF KING ":UUlJu::r..:,uu II u::r.uu..: ON THIS 11+" DAY OP SEPTEMBBR. 2004. BEFORE ME, THE UNDERSIGNED, A NOTARY POBLIC IN AND FOR THE STATE OF WASHINGTON, DULY COMMISSIONED AND SWORN, PERSONALLY APPEARED JOSEPH N. CARLO KNOWN TO MB TO BE THE INDIVIDUAL (S) DESCRIBED IN AND WHO EXECUTED THE WITHIN INSTRUMENT AlIID ACKNOWLEDGED 'mAT HB SIGNED AND SEALED THE SAME AS HIS FREE AND VOLUNTARY CT AND DBED, OR THE OSES AND PURPOSES HBREIN MENTIONED. TORE PRINTED NAME: Lt;/~ 5~ C,...~;{'C~6 ... ~ NOTARY PUBLI~AND THB STATE OF WASH GrON RESI-DING AT vo./ WIC.:!I uJIf MY COMMISSION EXPIRBS ON BY-of-Db . NOTARY RllA 092100 , . CHICAGO TITLE INSURANCE COMPANY EXHIBIT A Escrow No.: 1038081 EASEMENT AND· THE TERMS AND CONDITIONS THEREOF: PURPOSE: AREA AFFECTBD: RECORDED: RECORDING NUMBER: ROAD PURPOSES THE NORTH 20 FBET APRIL 26, 1916 1055906 EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PORPOSB: AREA AFFECTED: RECORDED: RECORDING NUMBER: POGET SOUND POWER & LIGHT COMPANY ELBCTRIC TRANSMISSION AND/OR DISTRIBUTION LINE THB NORTH 20 FEET NOVEMBER 7, 1978 7811070697 RESERVATIONS AND EXCEPTIONS CONTAINED IN DEED FROM NORTHERN PACIFIC RAILROAD CCMPANY: RESERVING AND EXCEPTING FRCM SAID LANDS SO MUCH OR SUCH PORTIONS THEREOF AS ARE OR MAY BE MINERAL LANDS OR CONTAIN COAL OR IRON, AND ALSO 'mB USE AND THE RIGHT AND TITLE TO THE USE OF SUCH SURFACE GROUND AS MAY BE NECESSARY FOR GROUND OPERATIONS AND THE RIGHT OF ACCESS TO SUCH RESERVED AND EXCEPTED MINERAL LANDS, INCLUDING LANDS CONTAINING COAL OR IRON, FOR THE PURPOSE OF EXPLORING, DEVELOPING AND WORKING THE SAME. RECORDING NIA®ER: 192430 DECLARATION OF CONDITIONS AND RESTRICTIONS REGARDING ANNEXATION TO A PUBLIC WATER MAINS AND FIRE HYDRANTS DISTRICT AND FORMATION OF A LOCAL IMPROVEMRNT DISTRICT: RECORDED: RECORDING NUMBER NOVEMBER 10, 1982 8211100685 COVENANTS, CONDITIONS AND RESTRICTIONS CONTAINED IN INSTRUMENT: RECORDED: RECORDING NUMBER, REGARDING: JANUARY 21, 1985 85012~0377 COVENANT TO ANNrnc TO THE CITY OF RENTON DECLARATION OF CONDITIONS AND RESTRICTIONS REGARDING ANNEXATION TO A PUBLIC EXTENSION OF WATER MAIN DISTRICT AND FORMATION OF A LOCAL IMPROVEMENT DISTRICT: RECORDED: RECORDING NUMBER JANUARY 21, 1985 850~2~0378 EXHIBIT/RDA/ .... ~VUCf-U~h'VVU J , o:1~.U\l • --111111111111111 '0040930001793 WHEN RECORDBD RETURN TO CONNER HOMES COMPANY 84610BTH AVENUB NB BELl..EYUE, WASHIMGTON98004 CHICAGO nTU Wl 22." PAGi"1 OF .... 09/38/zee. lS:t5 KING COUNTY, UA E2073611 1I!I/3./ZIIM 12: as KING COUNTY, IIA TAX$8,I79.et SALE ~, .... " PAGEeel OF eet ~ _C_HI_CA_G_O_Tl1LE __ IN_SU_RAN __ C_E_C_O_MP_ANY _____ _ '1!!1 lCJ72470 STATUTORY WARRANTY DEED Dated: SEl'TEMB~ 29,2004 TIm GRANTOR DOUGLAS V. SCHBRERANDSlJAlU.BNE J. SCHElUlR, HUSBAND AND WJFB for and in consideIation oC TEN DOLLARS AND O1lIBR.GOODANDVALUABLBCONSlDERAnON in hand paid, conveys and warrants to CONNER HOMES COMPANY,A WASHINGTON CORPORA"IlON the foHowing described real estate situated in the County of KING Tax Account Number(s): 152305-9024-04 State of Washington: THE ABBREVIATED LEGAL DESCRIPTION IS AS FOLLOWS: A PORTION OF THB SOUTHEAST QUARTER OF THE NORTHWBST QUARTER OF SECTION 15-23-5. THE COMPLETE LEGAL DESCRIPTION IS LOCATED ON PAGE 3 AS EXHIBIT "An ATTACltED HERETO AND BY THIS RBFERENCE MADB A PART HEREOF. SOBJECT TO: BXCEPTION.S SET FORTH ON ATTACHED EXHIBIT "B" AND BY THIS REFERENCE MADE A PART HEREOF AS IF FOLLY INCORPORATED HEREIN. CHICAGO mtE INS. co&? REF' . /I:> 2.1 Vo~/o 20040930001793.002 " STATE OF WASHINGTON SS COUNTY OF KING ON THIS :J q'lk-DAY OF SEPTEMBER, 2004, BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR THB STATE OF WASHINGTON, DULY COMMISSIONED AND SWORN, PERSONALLY APPEARED DOOGLAS V. SCHERER AND SHARLENE J. SCHERER KNOWN TO ME TO BB THE INDIV:IDUAL (51 DBSCRIBED IN AND WHO EXBCOTED THE IilTHIN INsrn~BNT AND ACKNOWLBDGIID THAT THEY SIGNED AND SEALED THB SAME AS THEIR FREE AND VOLUNTARY ACT AND DBlID, FOR THE USES AND PURUR, POSES ,iIN MENTIONB~D' !Jt) ""'"'''''' .:o".::'c." M. JQ"'" -......; ,: ~.! ••••••• " ~'l-. ", NOTAR IGNATORE f l;,~~I~~ .• fSl '\ U· t.A --r: L.. ; !~ ~OT~}-.,,\ ~ PRINTED NAME: &-t '" \. Vf) VW\. S i.ft i A -'-g:: ~ -,.v-.:. ""I.... ., NOTARY PUBLIC Jtl ANp FOR THB STATE OF WASHINGTON \;\ .... aLle ! ! RESIDING AT Jle~~ . I ·1.~·01,'·1 .···O~.: MY COMMISSION EXPIRES ON 'II 1'1 Dq ""'~'r&l~~: ... ",:~ CH1CAGOTTILE~NCECOMPANY EXHIBIT A LEGAL DESCRlPTION 20040930001793.003 Escrow No.: 1072470 The land referred to is situated in the State of Washington, County of KING asfoDows: , and is described THAT PORTION OF THE SOUTH HALF OF THE NORTHWBST QUARTBR OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLJlMETTE MERIDIAN, IN KING COUNTY, WASHINGTON I DESCRIBED AS FOLLOWS: CQMlmNCING AT THE NOR'l'HEAST CORNER OF SAID SOUTH HALF I THENCE NORTH 66°19'28" WEST ALONG THE NORTH LINE OF SAID SOOTH HALF I 330.0.5 FBET TO THE WEST LINE OF THE EAST 330.00 FEET OF SAID SOUTH HALF AND TIm TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 880 19'28" WEST ALONG SAIl) NORTH LINE, 319.43 FEBT TO THE WEST LINE OF SAID SOUTH· HALF; 11IBNCE SOUTH 00°44' 31" WEST ALONG SAID WBST LINE, 330.03 FEET TO THE SOU11I LINE OF SAID SOOTH HALF; THENCE SOOTH S 8 <> 22' 42 n BAST ALONG SAID SOlJ'l'H LINE, 630. 09 FEET TO THE WEST RIGHT OF WAY MARGIN FOR DUVALL AVE. N.E. (l3STH AVE. S.E.); THENCE NORTH 00°38'00· EAST ALONG SAID WBST MARGIN, 31.42 FEET TO THE SOUTH LINE OF 11IE NORTH 297.97 FBET OF SAID SOUTH HALF; THmCE NORTH 88°19'28" WEST ALONG SAID SOlJ'l'B LINE. 240.04 FEET TO THE WEST LINE OF THE BAST 260.00 FEET OF SAID SOUTH HALF: THENCE SOUTH 00°38'00· WEST ALONG SAID WEST LINE, 1.65 FEET TO THE NORTH LINE OF THE SOUTH 30.00 FEET OF SAID SOUTH HALF; THENCE NORTH 88°22'42" WEST ALONG SAID NORTH LINE. 70.01 FEBT TO THE WEST LINE OF SAID EAST 330.00 FEBT OF SAID SOUTH HALF; THENCE SOUTH 00°38'00" WEST ALONG SAID WEST LINE, 9.00 FEET: THENCE NORTH 88°22'42" WEST 1.89 FEET TO A POINT OF TANGENCY WIm A 39.00 FOOT RADIUS CIRCULAR CURVE TO THE RIGHT: THENCE NORTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLB OP OF 3IG 5.9' 09", AN ARC DISTANCE OF 21. 77 PRET TO A POINT OF TANGENCY; THENCE NORm 56°23'33" WEST 89.90 FEET; THENCE NORTH 00°44'31" EAST 172.09 FEET; THENCE SOUTH 89°15' 29" BAST 97.54 FEET TO 11IE WBST LINE OF SAID BAST 330.00 FEET OF SAID SOUTH HALF; THENCR NORTH 00°38' 00· EAST ALONG SAID WEST LINE, 81.59 FEET TO THB TRUB POINT OF BEGINNING. 20040930001793.004 CHICAGO TITLE INSURANCE COMPANY EXHIBIT B EscrowNo.: 1072470 BASEMENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NUMBER: ROADWAY A SOOTHaASTERLY PORTION OF SAID PREMISES AS DESCRIBED IN SAID INSTRUMENT JUNE 10, 1958 4909728 BASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE, AREA AFFECTED: RECORDED: RECORDING NUMBBR: PUGET SOUND POWER & LIGHT COMPANY ELECTRIC TRANSMISSION AND/OR DISTRIBUTION LINE A SOUTHEASTERLY PORTION OF SAID PREMISES AS DBSCRIBED IN SAID INSTRUMENT MAy 12, 1977 7705120619 RESERVATIONS AND EXCEPTIONS CONTAINED IN DEED FROM NORTHERN PACIPIC RAILROAD CQI1PANY: RESERVING AND EXCEPTING FRCM SAID LANDS SO MUCH OR SUCH PORTIONS THBREOF AS ARE OR MAY BE MINERAL LANDS OR CONTAIN COAL OR IRON, AND ALSO THB USE AND THE RIGHT AND TITLE TO THB USE OF SUCH SURFACE GROUND AS MAY BE NBCBSSARY FOR GROUND OPERATIONS AND THE RIGHT OF ACCESS TO SUCH RESERVED AND EXCEPTED MINERAL LANDS, INCLUDING LANDS CONTAINING COAL OR IRON, FOR THE PURPOSE OF EXPLORING, DEVELOPING AND WORKING THE SAME. THEREOF: RECORDING NUMBER: 192430 ROAD MAINTENJINCB AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: RECORDING NUMBER: DECEMBER 19, 1978 7812190786 CITY OF RENTON ORDINANCE NUMBER 4612, AND THE TERMS AND CONDITIONS RECORDED: RECORDING NUMBER: REGARDING, JUNE 21, 1996 9606210966 ASSESSMENT DISTRICT FOR SANITARY SEWER SERVICE MATTERS DISCLOSED BY SURVEY RECORDED UNDER RECORDING NUMBER 8103129002 , AS FOLLOWS: ENCROACHMENT OF FENCES, GARAGE. AND OIL TANK SOUTHERLY OF THE SOUTHERLYMOST NORTH LINE OF SAID PREMISES, AND ANY ADVERSE RIGHTS STEMMING THEREFROM. EXHIIIIT/IU>A/O\109 20050617002850.001 WHEN RECORDED RETI1RN TO: ~E~'iilr··········· , 20050617011111111 ~= 6~T~3 lAS 21 ... 88/17/2815 16:19 KING COUHTY. lolA @Chicagol1de InsuranceCompaay 701 5th Avenue -Sulte1800 -Seattle, Washington 98104 DOCUMENT TlTLE(S) 1."F~C6~ 2. . 3. 4. REFERENCE NUMBER(S) OF DOCUMENTS ASSIGNED OR RELEASED: o Additional Dumbers on pallO of document GRANTOR(S): I. c.ot-.:l N et2.. t1t>M65 L~Pkjy 2. 3. 4. o Additional names on page ___ of document GRANTEE(S): !XeISI! tNt NOT PtEeUlftED JGng_Re~~ BY: ~ c ~ ,Deputy 1. L.AuT2..eI.:HOe.sr C-OMUUt-:)11Y o~t~d"J 2. 3. 4. o Additional names on page of document ABBREVIATED LEGAL DESCRIPTION Lot-~ :l~ -~ Block: Section: Township: Volume: Range: Page: Portion: Plat Name: LAoeau-W12SI / vol . ;).~r ~. ~ -~ \a~ ~ . ATN: .?.Ct604~(Xb~O i If\.} :; D Complete lcgal description on page __ of document ASSESSOR'S PROPERTY TAX PARCEL ACCOUNT NUMBER(S): D Additional laX. 3I:lXlWlt numbers on page __ of document 4;\.1~bO -OJ7<) -tkNu... 4;l ,~~ -O=so .6i~... AN D 4;;ll~pO -~IO~ 4:l.~~W-O~~O; n:;~=a;-..,OOb.; :1?~~-~Oi~'ISD'-OOS -00Ftl I.JO~3oG:""~OPl'Z.J':M~.::-qD1i· r 15.?305-·'H.,+ 16f~~ - Signature This cover sheet i. for thc Couoty Recorder'. induing purposes ooly. The Recorder will rely on the information provided OD the r~. The staff will not read the doeument to verifY the accuracy or completeness of the indexing information provided herein. When Recorded, Please Return to: Conner Homes Company 846 1 oalll Avenue Northeast Bellevue, WA 98004 Attention: John Skochdopole FENCE EASEMENT 20050617002850.002 Conner Homes Company, a Washington Corporation, Grantor, legal owner of Lots 27-35 of the Plat of Laurelhurst Phase /, as recorded in Volume 227, pages 69 through 78, King County Book of Plats, King County Auditors Fj[a Number 20050419000480, hereby creates and grants a non-exdusive fence easement for a good and valuable consideration, receipt of which is hereby acknowledged, for the benefrt of the Laurelhurst Community Organization, the Grantee, together with the rights of access to the easement area over the Grantor's property. The easement area shall be over, under and upon a strip of land precisely described as the westerly 5.00 feet of Lots 27 through 35, indusive, of said Plat. The purpose of said easement is to provide for the construction, repair, replacement, reconstruction and maintenance of common fencing, and/or appurtenances thereto, ortgina~ installed on behalf of the Grantee to be owned by the Grantee. The Grantee shall be obliged to maintain the fencing, and appurtenances thereto, installed by the developer or subsequently by the Grantee, wHhin said easemen~ in a manner that indudes regJlar, reasonable refinishing and incidental repair, to retain a reasonable appearance thereof. The Grantee shall have the right to enter upon the easement on a temporary basis for said purposes, provided the Grantee seeking to exercise this right of entry shall give two weeks written notice to the owners of the burdened properties and further provided that no damage to any burdened property shall be permitted and the burdened property shall be restored to a condition reasonably equivalent to its condition poor to such entry as soon as such construction, repair, replacement, reconstruction or maintenance work is completed. The easement shall be a covenant running with the land and shall be binding upon the legal owners of Lots 27 through 35, inclusive, ther successors, subsequent owner(s) thereof, heirs and assigns of all parties hereto, forever. Assessor's Parcel Numbers: 421960-0270 through 421960-0350 -Grantors; 42196()'0010 thru 421960·0690, 152305-9005, 152305-9016, 152305-9017,152305-9028,152305-9079,152305-9194· Grantees. IN WITNESS THEREOF, the said GRANTOR(s) hereto have hereunto set tteir hands: GRANTOR(s) CONNER HOMES COMPANY, A Washington Corporation. STATE OF WASHINGTON } COUNTY OF K, tJG } 20050617002850.003 I certify that I know or have satisfactory aridence that Jo~ R.. ~k~fo{JIJ{e. is the person who appeared before me, and said person acknowledged that J\e. • signed this instrument, on oa~tated that he.. ~s juthorized to execute the instrument and acknowledged it as ~Slts~ ViC< f1i.~JUtI\<Iof CoI1V7t( Hp~J ~pr.~ to be the free and voluntary act of such party for the uses and purposes mendon in this instrument Given under my hand and official seal this~ day of JCA.fl& ,20 oS. ~14K/ NOTARY PUBLIC in/and for the State of Washington, residing at ~Ttnv U@ tJ,.Jvk&1S My appointment expires ~/{'+}..L..J14LTIV~~=--__ _ / ., "i"" ~" ; OJ: , ;" ~? "'" , ~"; ~ ~ " I I I , ! I "I": ;"": • ! . , , .. 1': . .. -'~ 20050419000481.001 1IIIII1IIIII1III 2.50419000481 CITY CF A&NTON COY 38.00 PAGEltI OF 121 I./SIIIZU& 18:48 ICING COUNTY, UA @}ChicagoT81elRstmutooeempaDy 701 5th Avenue ~ Suite1700· Seattle, Washington 98104 DOCUMENTTITLE(s) • fI 1. 'DeCl4~h~Vl 6{ c.ovlV\GWtts COvJtHOt1S C\V\tX i: f2e,trl~o.-tS Df i.Awe( h~ 4. REFERENCE NUMBER(s) OF DOCUMENTS ASSIGNED OR RELEASED: O·Additional numbers on page _______ of document GRANTOR(s): l. Cot'\vv~r ttOr\1e~ 2. 3. OadditionaJ names on page ____ of do<:ument GRANTEE(s): ~: . LAW?{ h..<-tSf--CoWl.., """I!'tJ 01(J",,;z..fr Il>1 3. Oadditional names on page ___ --'of document ASSESSOR'S PROPERTY TAX PARCEL ACCOUNT NUMBER(s): 15'2305 -~(~ t 1D2.4 'or$" 'J213 <f2r+ "11.(> 'foJfJ .. 1C#, 'fur ttl.I2.} ~ot~/1°1-I) 10{<OJ I I 1'1 J I Oadditiollallegal description is on page of document lS'Z-;)I)) -'J0e::r The Recorder will rely on the information provided on the form. Tbe staff will Dot read the document to verify the accuracy or completeness of the indexing information provided herein. When recorded, return to: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055 DECLARATION OF COVENANTS, CONDmONS, AND RESTRIcrIONS FOR LAURELHURST 20050419000481.00~ t~ A '1 THIS DECLARATION is made on this f3 day of~{'1 , 20~ by CONNER HOMES COMPANY, a Washington Corporation, referred to herem as ''Declarant'', which is the owner of certain real property now known as "Lamelhurst" situated in the City of Renton, in King County, Washington. The Declarant has created a non-profit corporation known as the Laurelhurst Community Organization. The Laurelhurst Community Organization (hereafter referred to as "Organization") shall be delegated and assigned the duties and powers of owning, maintaining, and administering any and all Common Areas and related facilities in the Plat, administering and enforcing these covenants, conditions and restrictions, and collecting and disbursing the assessments and charges hereinafter created. The Organization shall also have the right and power to promulgate rules and regulations that may further define and limit pennissible uses and activities consistent with the provisions of this Declaration. . NOW, TIIEREFORE, the undersigned hereby covenants, agrees, and declares that all of the Platsas defined herein and the buildings and structures hereafter constructed thereon are, and will be, held, sold, and conveyed subject to and burdened by the following covenants, conditions, and restrictions, for the purpose of enhancing and protecting the value, desirability, and attractiveness of Laurelhurst for the benefit of the Owners thereof, their heirs, successors, grantees, and assigns. . ARTICLE 1 -DEFINITIONS Section 1.1: Articles. "Articles" shall refer to the adopted Articles ofIncorporation of the Organization as now or hereafter amended. Section 1.2: Board. "Board" shall mean and refer to the board of directors of the Organization established pursuant to the Articles and Bylaws. Page 1 of19 200504190004:~1.00~ Section 1.3: Bylaws. "Bylaws" shall refer to the adopted Bylaws of the Organization as now or hereafter amended. Section 1.4: Common Areas. "Common Areas" shall mean and refer to all real property that is owned by the Organization, as well as any easements in favor of the Organization. Section 1.5: Committee. "Committee" IS defined as the Architectural Control Committee as provided in Article 6. Section 1.6: Declarant. ''Declarant'' shall mean and refer to Conner Homes Company, its successors and assigns, if such successors and assigns should acquire all or substantially all of the then undeveloped parcels of the Plats from Declarant for the purpose of development; provided, however, that no successor or assign of Declarant shall have any rights or obligations which are not specifically set forth in the instrument of succession or assignment or other recorded instrument of passed by operation of law. Certain rights and obligations of Declarant, as set forth herein, shall cease at the end oftbe Development Period. Section 1.7: Declaration. ''Declaration'' shall mean and refer to this instnunent, as the same may be supplemented or amended from time to time. Section 1.8: Development Period. "Development Period" shall mean and refer to that period of time beginning on the date of initial recording of this Declaration and ending whenever any of the following first occurs: (i) 5 years from the date hereof; or (ii) 2 months after title has been transferred to purchasers of Lots representing ninety-five (95%) of the total voting power of all Owners as then constituted; or (iii) written notice from Declarant to the Organization in which Declarant elects to tenninate the Development Period. The ''Development Period" may be extended for a period of 5 additional years or longer at the sole option of Declarant. Section 1.9. Governing Documents. "Governing Documents" shall mean and refer to this Declaration,· the Articles of Incorporation, the By-Laws of the Organization, and the recorded Plat, as any of the foregoing maybe amended from time to time. Section 1.10: Lot. "Lot" shall mean and refer to the lots as shown on the Plats as of the date of this Declaration, as well as any future lots created through subdivision, short subdivision, site plan approval, or any other legal process for dividing land within the Plats. The word "Lotn as used herein excludes any parcel designated as a Tract on the recorded Plats, unless and until that Tract is later legalIy divided into lots through subdivision, short subdivision, site plan approval, or any other legal process for dividing land. Section 1.11: Mortgage. "Mortgage" shall mean and refer to any recorded mortgage or deed oftrust encumbering one or more of the Lots or Living Units. "First Mortgage" shall mean and refer to a Mortgage with priority over other Mortgages. "Mortgagee" shall mean and refer to the holder or beneficiary of any Mortgage and shall not be limited to Institutional Mortgagees. As used herein, the term "Institutional Mortgagees" or "Institutional Holder" shall include banks, trust companies, insurance companies, mortgage companies, mortgage insurance companies, savings and loan associations, trusts, mutual savings banks, credit unions, pension funds, Federal National Mortgage Association ("FNMA"), Federal Home Loan Mortgage Corporation Page 2 of 19 20050419000481.004 • i ("FHLMC"), all corporations, and any agency or department of the United States Government or of any state or municipal government. Section 1.12: Native Growth Protection Area. ''Native Growth Protection Area" shall mean and refer to an area in a Lot, Tract or Common Area so designated on a final plat, short plat, binding site plan, or other analogous recorded plan or map, in which the removal of trees and significant natural ground cover, as well as the conduct of other activities, is restricted. . Section 1.13: Owner. "Owner" shall mean and refer to the record owner (whether one or more persons or entities) of a fee interest in any Lot but excluding mortgagees or other persons or entities having such interest merely as security for the perfol1l1ance of an obligation. Purchasers or assignees under recorded real estate contracts shall be deemed Owners and their respective sellers or assignors shall not be deemed Owners. Section 1.14: Plats: "Plats" shall mean and refer to the approved plat of Laurelhurst Phase I contained therein recorded at Volume .t~'1 , Pages obg to 018· under King County Recording Number J1J050HI~OOOIf 80, the approved plat of .Laurelhurst Phase II, whose recording infonnation shall be added to these CC&Rs by the Declarant by amendment at such time as it is available, the approved short plat of the Fotheringill Short Plat, whose recording infonnation shall be added by the Declarant to these CC&Rs by amendment at such time as it is available, and other properties, per Section 11.3, if the Declarant amends these CC&Rs with the recording information within the Development Period. Section 1.15: Tract. ''Tract'' shall mean and refer to those portions of the recorded Plats which are so designated and which are generally held for purposes other than use as lots for construction of a residence. ARTICLE 2 COMMUNITY ORGANIZATION Section 2.1. Description of Organization. The Organization is a non-profit corporation organized and existing under the laws of the State of Washington charged with the duties and vested with the powers prescribed by law and set forth in the Governing Documents, as they may be amended from time to time. No Governing Document other than this Declaration shall for any reason be amended or otherwise changed or interpreted so as to be inconsistent with this Declaration. Section 2.2. Organization Board of Directors. Dec1arant shall select an initial Board of Directors of not fewer than 3 persons, who need not be Owners. The initial Board shall have the full authority and all rights, responsibilities, privileges, and duties to manage the Organization under the Governing Documents and shall be subject to all provisions of the Governing Documents. The tenn of the initial directors of the Board shall expire as set forth in the Articles and Bylaws. The Board shall elect officers of the Organization, which shall include a president who shall preside over meetings of the Board and meetings of the Organization. Section 2.3. Organization Membership. Every Owner shall by reason thereof be a member of the Organization as set forth in the Articles and Bylaws. Page 3 of 19 20050419000481.00f Section 2.4. Votes Appurtenant to Ownership. Every Owner shall be entitled to vote in accordance with the provisions of the Articles and Bylaws. Section 2.5. Owner's Compliance with Governing Documents. By acceptance of a deed to a Lo~ execution of a contract therefore, or any other means of acquisition of an ownership interest, whether or not it shall be so expressed in any such deed or other instrumen~ the Owner thereof covenants and agrees thereby, on behalf of himself and his heirs, successors, and assigns, to observe and comply with all terms of the Governing Documents of the Organization, and all rules and regulations duly promulgated by the Board. Section 2.6. Rules and Regulations. The Board shall have the power to adopt from time to time and to enforce rules and regulations governing the use of Common Areas and the use and maintenance of Lots and Tracts, in addition to the use restrictions contained in this Declaration and whether or not expressly contemplated herein, provided that such rules and regulations shall not be inconsistent with this Declaration. The rules and regulations may not discriminate among Owners. The Organization may prescribe penalties. for the violation of such rules and regulations, including but not limited to suspension of the right to use the Cornmon Areas or portions thereof Any such rules and regulations shall become effective 30 days after promulgation or amendment and shall be mailed to all Owners witlrin 30 days after promulgation or amendment A copy of the rules and regUlations then in force shall be retained by the secretary of the Organization and shall be available for inspection by any Owner during reasonable business hours. Such rules shall have the same force and effect as if set forth herein. Section 2.7. Architectural Control Committee. The Board shall establish and thereafter continuously maintain an Architectural Control Committee to review and approve or disapprove the details and written plans and specifications of all construction, including initial construction, other than new construction exempt pursuant to Section 5.1 (a), additions or exterior alterations to homes and accessory buildings, fences, walls, or other structures and all clearing or excavation of Lots, or cutting of trees within the Plat, pursuant to Article 6 hereof. The Board shall have the power to adopt from time to time and to enforce guidelines, criteria, and procedures governing the Architectural Control Committee and the Owners' compliance with the provisions of Article 6 hereof. Section 2.8. Additional Committees. The Board of Directors shall have the authority to create, from time to time, additional committees that the Board of Directors, in its sole discretion, detennines would be useful forthe efficient and proper administration of the duties of the Organization. The Board may delegate such functions and duties to such committees as it deems fit, provided that the Board shall retain the ultimate decision making authority on all issues affecting the Organization. ARTICLE 3 -ORGANIZATION BUDGET, ASSESSMENTS, AND LIENS Section 3.1. Owner's Covenant to Pay Assessments. By acceptance of a deed to a Lot, execution of a contract therefore, or any other means of acquisition of an ownership interest, whether or not it shall be so expressed in any such deed or other instrument, the Owner thereof Page 4 of19 20050419000481.00E Section 2.4. Votes Appurtenant to Ownership. Every Owner shall be entitled to vote in accordance with the provisions of the Articles and Bylaws. Section 2.5. Owner's Compliance with Governing Documents. By acceptance of a deed to a Lot, execution of a contract therefore, or any other means of acquisition of an ownership interest, whether or not it shall be so expressed in any such deed or other instrument, the Owner thereof covenants and agrees thereby, on behalf of himself and his heirs, successors, and assigns, to observe and comply with all terms of the Governing Documents of the Organization, and all rules and regulations duly promulgated by the Board. Section 2.6. Rules and Regulations. The Board shall have the power to adopt from time to time and to enforce rules and regulations governing the use of Common Areas and the use and maintenance of Lots and Tracts, in addition to the use restrictions contained in this Declaration and whether or not expressly contemplated herein, provided that such rules and regulations shall not be inconsistent with this Declaration. The rules and regulations may not discriminate among Owners. The Organization may prescribe penalties. for the violation of such rules and regulations, including but not limited to suspension of the right to use the Common Areas or portions thereof. Any such rules and regulations shall become effective 30 days after promulgation or amendment and shall be mailed to all Owners within 30 days after promUlgation or amendment A copy of the rules and regulations then in force shall be retained by the secretary of the Organization and shall be available for inspection by any Owner during reasonable business hours. Such rules shall have the same force and effect as if set forth herein. Section 2.7. Architectural Control Committee. The Board shall establish and thereafter continuously maintain an Architectural Control Committee to review and approve or disapprove the details and written plans and specifications of all construction, including initial construction, other than new construction exempt pursuant to Section 5.1 (a), additions or exterior alterations to homes and accessory buildings, fences, walls, or other structures and all clearing or excavation of Lots, or cutting of trees within the Plat, pursuant to Article 6 hereof. The Board shall have the power to adopt from time to time and to enforce guidelines, criteria, and procedures governing the Architectural Control Committee and the Owners' compliance with the provisions of Article 6 hereof. Section 2.8. Additional Committees. The Board of Directors shall have the authority to create, from time to time, additional committees that the Board of Directors, in its sole discretion, determines would be useful for the efficient and proper administration of the duties of the Organization. The Board may delegate such functions and duties to such committees as it deems fit, provided that the Board shall retain the ultimate decision making authority on all issues affecting the Organization. ARTICLE 3 -ORGANIZATION BUDGET, ASSESSMENTS, AND LIENS Section 3.1. Owner's Covenant to Pay Assessments. By acceptance of a deed to a Lot, execution of a contract therefore, or any other means of acquisition of an ownership interest, whether or not it shall be so expressed in any such deed or other instrument, the Owner thereof Page 4 of19 20050419000481.00E covenants and agrees thereby, on behalf of himself and his heirs, successors, and assigns, to pay the Organization, in advance, all general and special assessments levied as provided herein. Section 3.2. Organization Budget. The Organization shall prepare, or cause the preparation of, an operating budget for the Organization at least annually, in accordance with generally accepted accounting principles and the procedures specified in the Bylaws. The operating budget shall set forth all sums· required by the Organization, as estimated by the Organization, to meet its annual costs and expenses ~ncluding, but not limited to, all management and administration costs of the Organization, operating and maintenance expenses of Common 'Areas, expenses for services furnished to or in connection with the Common Areas, including the amount of all taxes and assessments levied against, the cost of liability-and other insurance on the Common Areas, charges for any services furnished to the Organization, the cost of utilities and other services, including the cost of power and maintenance for street lighting within the community from the appropriate power company, and the cost of funding all reserves established by the Organization, including, if appropriate, a general operating reserve and a reserve for replacements. The funds required to meet the Organization's annual expenses shall be raised from a general assessment against each Owner as provided hereafter. The Organization may revise the operating budget after its preparation at any time and from time to time, as it deems necessary or advisable in order to take into account and defray additional costs and expenses of the Organization. Section 3.3. Levy of General Assessment. In order to meet the costs and expenses projected in its operating budget, the Organization shall detennine and levy in advance on every Owner a general assessment The amount of each Owner's general assessment shall be the amount of the Organization's operating budget divided among the Lots; provided that, any vacant Lot(s) not yet liable for payment of assessments pursuant to Section 3.6 shall not be included in this calculation. Notice of the proposed budget and estimated general assessment shall be sent to each Owner as required by RCW ch. 64.38.025 as now or hereafter amended; provided. however, that notification to an Owner of the amount of an assessment shall not be necessary to the validity thereof. The omission by the Organization, before the expiration of any assessment period, to fix the amount of the general assessments hereunder for that or the next period, shall not be deemed a waiver or modification in any respect of the provisions of this Article or a release of any Owner from the obligation to pay the general assessment, or any installment thereof, for that or any subsequent assessment period, but the general assessments fixed for the preceding period shall continue until a new assessment is fixed. Upon any revision by the Organization of the operating budget during the assessment period for which such budget was prepared, the Organization shall, if necessary, revise the general assessments levied against the Owners and give notice of the same in the same manner as the initial levy of general assessments for an assessment period. Section 3.4. Payment of General Assessment. As determined by the Board, installments of general assessments may be collected on a monthly, quarterly, semi-annual, or annual basis. Any Owner may prepay one or more installments on any assessment without discount or penalty. Section 3.5. Non-Discriminatory Assessment. No assessment shaH be made at any time that may unreasonably discriminate against any particular Owner or group of Owners in favor of other Owners. Page 5 of 19 20050419000481.0Oi Section 3.6. Commencement of Assessments; Limited Exemptions for Vacant Lots. Liability of an Owner for assessments shall commence on the first day of the calendar month following the date upon which any instrument of transfer to such Owner becomes operative (such as the date of a deed, the date of a recorded real estate contract for the sale of any Lot. the date of death in the case of a transfer by will or intestate succession, etc.) and shall terminate on the date that the Owner transfers title to a new Owner, provided such transfer shall not relieve a selling Owner from liability for assessments due prior to the close of such transfer. The due dates of any special assessment payments. shall be fixed by the Board when authorizing such special assessment. The Board shall have the discretion to exempt Lots which are vacant from assessments or portions of assessments attributable to improvements or work which does not benefit vacant Lots. Section 3.7. Special Assessments. In addition to the general assessments authorized by this Article, the Organization may levy a special assessment or assessments at any time, for the purpose of defraying. in whole or in part, the cost of any construction or reconstruction, inordinate repair, or replacement of a described capital improvement located upon or forming a part of the Common Areas. including necessary fixtures and personal property related thereto, or for such other purpose as the Organization may consider appropriate; provided, however, that any such assessment must have the prior favorable vote of Owners representing two-thirds of the Lots affected by the special assessment. If appropriate, the Organization may levy a special assessment against a portion of the Lots in cases where some but not all of the Lots would benefit by the special assessment, so long as any such asSessment shall have the favorable vote of Owners representing two-thirds of the Lots affected by the special assessment. The amount of each Owner's special assessment "for any year shall be the total special assessment for such year, divided by the sum of the number of Lots affected by the special assessment, provided the Organization may set different special assessment rates for Lots if the Organization determines that the benefit of the special assessment is different for the Lots. Section 3.8. Effect of Non-Payment of Assessment. If any assessment payment is not made in full within 30 days after it was first due and payable> the unpaid amounts shall constitute a lien against the Lot and shall bear interest from the date on which payment was first due and payable at the rate applicable to judgments in Washington. By acceptance of a deed to a Lot, execution of a contract therefure, or any other means of acquisition of an ownership interest, and whether or not it shall be so expressed in any such deed or other instrument, each Owner shall be deemed to grant thereby to the Organization, its agents and employees, the right and power to bring all actions against such Owner personally for the collection of such assessments as a debt, and to enforce the liens created by this Declaration in favor of the Organization by foreclosure of the continuing liens in the same form of action as is then provided for the foreclosure of a mortgage on real property. The liens provided for in this Declaration shall be for the benefit of the Organization as a corporate entity, and the Organization shall have the power to bid in at any lien foreclosure sale and to acquire, hold, lease, mortgage, and convey the Lot foreclosed against. Section 3.9. Lien to Secure Payment of Assessments. Declarant hereby creates in the Organization perpetually the power to create a lien in favor of the Organization against each Lot to secure to the Organization the payment to it of all assessments, interest, costs, and attorneys' fees; and Declarant hereby subjects all Lots perpetually to such power ofthe Organization. Such lien shall arise in accordance with the tenns of this Declaration without the necessity of any Page 6 of19 20050419000481.00e further action by the Organization, and any such lien when created, shall be a security interest in the nature of a mortgage in favor of the Organization. Such lien shall become a continuing lien in the amount stated in the assessment from the time of the assessment, and shall also be the personal obligation of the person or entity who is the Owner of the Lot at the time of the assessment. The personal obligation to pay a prior assessment shall not pass to successors in interest unless expressly assumed by them, provided, however, that in the case of a sale or contract for the sale of any Lot which is charged with the payment of an assessment the person or entity who is the Owner immediately prior to the date of such sale shall be personally liable for the amounts of the monthly installments due prior to said date, and the new Owner shall be personally liable for monthly installments becoming due on or after such date. The foregoing limitation on the duration of the personal obligation of an Owner to pay assessments shall not, however, affect the validity or duration of the continuing lien for unpaid assessments against the respective Lot. Section 3.10. Suspension for Non-Payment of Assessment. If an Owner shall be in arrears in the payment of any assessment due, or shall otherwise be in default of the performance of any tenos of the Governing Documents for a period of 30 days, said Owner's voting rights shall without the necessity of any further action by the Board, be suspended (except as against foreclosing secured parties) and shall remain suspended until all payments, including interest thereon, are brought current and any other default is remedied. Section 3. 11. Reserves for Replacement. As a common expense, the Organization may establish and maintain a reserve fund for replacement of any Common Areas and any improvements and community facilities thereon by the allocation and payment monthly to such reserve fund of an amount to be designated from time to time by the Organization. Such fund shall either be deposited with a banking institution, the accounts of which are insured by any state or by any agency of the United States of America or, in the discretion of the Organization~ be invested in obligations of, or fully guaranteed as to principal by, the United States of America. The reserve fund shall be expended only for the purpose of effecting the replacement of the Common Areas and any improvements and community facilities thereon, equipment replacement, and for start-up expenses and operating contingencies of a nonrecurring nature. The Organization may establish such other reserves for such other purposes as it may from time to time consider necessary or appropriate. The proportional interest of any Owner in any such reserves shall be considered an appurtenance of that Owner's Lot and shall not be separately withdrawn, assigned, or transferred, or otherwise separated from the Lot to which it appertains and shall be deemed to be transferred with such Lot. Section 3.12. Certain Areas Exempt. The Common Areas and all portions of the Platsdedicated to and accepted by a public authority or other charitable or non-profit organization exempt from taxation under the laws of the State of Washington shall be exempt from assessments by the Organization. ARTICLE 4 -SUBORDINATION OF LIENS Section 4.1. Intent of Provisions. The provisions of this Article 4 apply for the benefit of each Mortgagee who lends money for purposes of construction or to secure the payment of the purchase price of a Lot. Page 70f19 20050419000481.00S Section 4.2. Mortgagee's Non-Liability. The holder of a Mortgage shall not, by reason of the security interest only, be liable for the payment of any assessment or charge, nor for the observance or perfonnance of any covenant or restriction, excepting only those enforceable by equitable relief and not requiring the payment of money, and except as hereafter provided. Section 4.3. Mortgagee's Rights During Foreclosure. During the pendency of any proceeding to foreclose a Mortgage, including any period of redemption, the holder of the Mortgage, or the receiver, if any, may exercise any or all of the rights and privileges of the Owner of the encumbered Lot, including but not limited to the right to vote in the Organization to the exclusion of the Owner's exercise of such rights and privileges. Section 4.4. Mortgagee as Owner. At such time as a Mortgagee shall become the record Owner of the Lot or previously encumbered by the Mortgage, the Mortgagee shall be subject to all of the terms and conditions of this Declaration, including the obligation to pay for all assessments and charges in the same manner as any Owner. Section 4.5. Mortgagee's Title Free and Clear of Liens. A Mortgagee or other secured party acquiring title to a Lot through foreclosure, suit, deed of trust sale, deed in lieu of foreclosure, or equivalent method, shall acquire title to the encumbered Lot free and clear of any lien authorized by or arising out of the provisions of this Declaration, insofar as such lien secures the Payment of any assessment or charge or installment due but unpaid before the final conclusion of any such proceeding, excluding the expiration date of any period of redemption. The Organization may treat any unpaid assessments against a Lot foreclosed against as a common expense, in which case it shall prorate such unpaid assessments among the remaining Lots, and each such remaining Lot shall be liable for its prorated share of such expenses in the same manner as for any other assessment. Section 4.6. Survival of Assessment Obligation. After the foreclosure of a security interest in a Lot, any unpaid assessments shall continue to exist and remain as a personal obligation of the Owner against whom the same was levied, and the Organization shan use reasonable efforts to collect the same from such Owner. Section 4.7. Subordination of Assessment Liens. The liens for assessments provided for in this Declaration shall be subordinate to the lien of any Mortgage or other security interest placed upon a Lot as a construction loan security interest or as a purchase money security interest, or refinancing thereof and the Organization will, upon demand, execute a written subordination document to confirm the particular superior security interest. The sale or transfer of any Lot, or any interest therein, shall not affect the liens provided for in this Declaration except as otherwise specifically provided for herein, and in the case of a transfer of a Lot for purposes of realizing a security interest, liens shall arise against the Lot for any assessment payments coming due after the date of completion of foreclosure (excluding the expiration date of any period of redemption). ARTICLE 5 -BUILDING AND LAND USE RESTRICTIONS Section 5.1. Improvements. No Lot, dwelling, residence, outbuilding, fence, wall, building, pool, deck, substantial landscaping, change in exterior paint color or other structure or Page 8 of 19 20050419000481.01 C other improvement shall be erected, altered, placed or maintained on any Lot unless it shall comply with the following: (a) Prior to placing any such structure or making such improvement on the Lot, the plans and specifications for the structure or improvement and a request for approval shall be submitted to and approved by the Committee as provided in Article 6. When constructed or placed on the Lot, the structure or improvement shall substantially conform to the plans and specifications approved by the Committee. This provision shall not apply to the Declarant until all homes are initially sold and occupied. (b) Prior to making any change or alteration to the external appearance of any existing improvement on a Lot, plans and specifications for the alteration and change shall be submitted to and approved by the Committee as provided in Article 6. When made, the changes or alteration shall substantially confonn to the plans and specifications as approved by the Committee. This provision shall not apply to the Declarant until all homes are initially sold and occupied. (c) Once started, the work of constructing, altering, repairing, or reconstructing any structure or improvement on a Lot shall be diligently prosecuted until completion thereof and in any event the exterior of the structure shall be completed and finished within six months after the work first commences. In the case of landscaping improvements or modifications, the work shall be completed within two months after the work first commences. (d) All buildings and improvements on a Lot shall be of pennanent construction, and no temporary structure, trailer, mobile home, tent, garage, outbuilding or other similar device shall be placed on any Lot, except with the permission of the Committee. This provision shall not apply to the Declarant during the Development Period. (e) Lots shall be used solely for residential purposes.and related facilities normally incidental to a residential community. No building shall be erected, altered. placed or permitted to remain on any Lot except for one (1) detached single family dwelling and permitted accessory building. (f) Accessory buildings which are appurtenant to the use of an eXlstmg permanent residential building may be permitted on a Lot. Permitted accessory buildings may include playhouses, tool sheds, doghouses, and gazebos. No permitted accessory building shall be placed on a Lot unless the plans for the accessory building have been first approved as to the design and location on the Lot by the Committee. The Committee may refuse to approve a permitted accessory building if, in the exercise of the discretion of the Committee, the structure detracts from the general visual appearance of the neighborhood or other homes. The location of a permitted accessory building shall be located where it minimizes the visual impact and, as a general guideline, shall be in the rear yard or side yard behind the front of the house. The Committee shall not be bound by the guidelines, but may exercise its discretion in that respect. The Committee may require visual screening of accessory buildings from adjacent Lots. Accessory buildings shaH not be easily visible from any street. Page 9 of 19 20050419000481.011 (g) All structures and improvements shall comply with the provisions of the applicable Building Code, as amended from time to time, relating to setback requirements; provided that nothing herein shall require removal of a building which was originally placed in conformity with such Code because of change in the Code. The Applicant is responsible for procuring all necessary permits. (h) No exterior aerials, antennas. microwave receivers or satellite dishes for television or other purposes shall be permitted on any Lot except as follows: The. Committee will not require prior approval as to placement and screening from residents· who wish to install satellite dishes (18" or less in diameter)in accordance with current FCC rulings. The Committee recognizes the need to locate these dishes in a place that will allow the best reception possible, however, residents are encouraged to consider aesthetics as well. Residents choosing to install satellite dishes measuring larger than 18" in diameter are required to obtain approval from the Committee prior to installation. (i) All mailboxes are to be ofunifonn design as approved by the Committee. (j) Owners of fences shall be obligated to repair and maintain such fences so that they are structurally sound and painted or stained from time to time as may be necessary to retain a reasonable appearance thereof. Owners of fences shall have the right to enter adjoining property on a temporary basis for purposes of such maintenance. provided the owner seeking to exercise this right of entry shall give two weeks written notice to the owner of the adjoining property and further provided that no damage to adjoining property shall be pennitted and the adjoining property shall be restored to a condition reasonably equivalent to its condition prior to such entry as soon as such maintenance or repair work is completed. Fences may be limited in height and/or extent beyond local code provisions. as well as in style~ as provided for in the Standards as adopted by the Organization. (k) The Board may, in the Community Regulations, adopt such regulations for the installation, maintenance and watering of landscaping, including lawns, as the Board determines are reasonably necessary to maintain the general appearance and value of the properties within the Plat. Section 5.2. Animals. No animals, livestock or poultry of any kind shall be raised, bred, or kept on any Lot except that usual household pets such as dogs. cats and small birds may be kept, provided that they are not kept, bred or maintained for commercial purposes, and that they do not unreasonably interfere with the use and enjoyment of any part of the Plat. Section 5.3. Nuisances. No Lot shall be used or maintained as a dumping ground for rubbish; and trash, garbage, or other waste shall not be kept except for in sanitary containers or composting areas. Equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition and out of sight. Nothing shall be done on a Lot that may become a nuisance to the neighborhood. Section 5.4. Businesses. No trade, craft, business, profession. manufacturing, commercial enterprise or commercial activity of any kind shall be conducted or carried on upon any Lot or within any building located within the Platsunless it is authorized by and is in Page 10 of19 20050419000481.01 ~ compliance with local land use ordinances and does not interfere with the quiet and peaceful use and enjoyment of any part of the Plat. For purposes of this Section, "interference" will be assumed to exist if (1) evidence of said use is visible from the street or adjacent Lots, (2) the use causes an increase.in the noise level in the surrounding area, or (3) the use increases traffic above usual residential volumes. No signs for such businesses shall be pennitted. Section 5.5. Storage. No goods, materials, supplies or equipment, and no boats, trucks, motorcycles, busses, motor homes, campers, trailers, or vehicles of any description, shall be stored, dismantled, or repaired in the street, driveway, or within view from any street or Lot in the Plat. Upon 48 hours notice to the Owner of the Lot, the Organization has the authority to have removed at the Owner's expense any improperly stored or parked vehicle, boat, or other equipment. During the Development Period, the Declarant may store equipment and building materials and maintain temporary trash storage sites within the Plat. The restrictions contained in this Section shall not exclude the temporary parldng of automobiles on the designated driveway areas adjacent to garages on the Lots. Section 5.6. Construction and Sale Period. So long as Declarant owns any property in the Platsfor development andlor sale, the restrictions set forth in this Article 5 shall not be applied or interpreted so as to prevent, hinder, or interfere with development, construction or sales activities of Declarant or any builder or developer approved by the Declarant. Section 5.7. Maintenance. Property ownership includes the responsibility to maintain all structures and grounds that are a part of the Lot. This obligation includes, but is not limited to, such activities as mowing grass, weed control, vegetation control, prevention of offensive or noxious odors associated with composting, removal of trash, structural maintenance, including repairing mildewed, worn or dated siding and fencing, painting and removing moss on roofs. ARTICLE 6 ~ ARCmTECTURAL CONTROL Section 6.1. The Committee. The Board shall designate the Committee herein referred to. The address of the Committee shall be the registered office of the Organization. Section 6.2. Submission of Plans. Prior to construction, all plans and specifications or infonnation required to be submitted to the Committee for approvals shall be submitted by mail to the address of the Committee in duplicate, shall be in writing~ shall contain a written request for approval and the name and address of the person submitting the same and the Lot involved, and shall set forth the following with respect to a proposed structure: The location of the structure upon the Lot, the elevation of the structure with reference to the existing and finished lot grade, the general design, the interior layout, the exterior fmish materials and color including roof materials, the landscape plan, and such other infonnation as may be required to detennine whether such structure confonns with the restrictions established by the Governing Documents and any Community Regulations adopted by the Organization. The Committee may require applicants to notify adjacent Lot Owners of their request for approval. Section 6.3. Standards. The Committee shall have the authority to detennine and establish standards involving aesthetic considerations of harmony of construction and color which it detennines to be in the best interest of providing for attractive development of the Plats, Page 11 of19 20050419000481.01 ~ which authority shall include but not be limited to determining the height, configuration, location, design and appearance of the home, fences, walls, outbuildings, pools, and other structures and improvements appurtenant to the use of the Lot. Such detenninations shall be binding on all persons having any interest in the Lot Owners shall be responsible for informing contractors, agents and others working on the Lot of the standards and conditions of all approvals issued by the Committee and shall be responsible for correcting any violations of any and all violations of those standards and conditions. Section 6.4. Approval or Disapproval Process. Within 30 days after the receipt of plans and specifications or information with a request for approval, the Committee shall by majority vote approve or disapprove the request. The Committee may disapprove any request that in its opinion does not conform to the Governing Documents and any Community Regulations adopted by the Organization or its aesthetic or other adopted standards. Approval or disapproval of a request shall be made upon one of the copies thereof and returned to the address shown on the request. If the Committee fails to approve or disapprove submitted plans and specifications within 30 days after the plans and specifications have been submitted, which submission shall be evidenced by a written receipt for said plans and specifications, approval will not be required, and this Section will be deemed to have been fully complied with. In this event, any such plans and specifications shall nevertheless be in compliance with all the restrictions contained in the Governing Documents and any Community Regulations adopted by the Organization. Section 6.5. Advisors. The Committee may appoint advisors or advisory committees from time to time to advise on matters pertaining to the Plat. No person on the Committee or acting for it shall be responsible for any defect in any plan or specification submitted or approved nor for any defect in any plan or specification submitted or approved nor for any defect in any work done according to such plans and specifications. Section 6.6. Variations. The Committee shall have the authority to approve plans and specifications which do not conform to these restrictions in order to overcome practical difficulties or prevent hardships in the application of these restrictions; provided that such variations so approved shall not be materially injurious to the improvements of other Lots and shall not constitute a waiver of the restrictions herein contained but shall be in furtherance of the purposes and intent of these restrictions. ARTICLE 7 -COMMON AREAS AND MAINTENANCE Section 7.1. Title to Common Areas. Declarant shall convey to the Organization the Common Areas owned by Declarant, as designated in the recorded Platsincluding notes thereto. The Common Area shall be subject to an easement of common use and enjoyment in favor of the Organization and every Owner, their heirs, successors, and assigns, in accordance with the tenns and conditions of the Governing Documents. The Common Area when conveyed to the Organization shall be free and clear of financial liens. Section 7.2. Owners' Common Rights. Owners shall have equal rights with other Owners to use the Common Areas, unless certain Common Areas are specifically designated as limited Common Areas on the face of a platsor other recorded instrument. All easements for Page 12 of 19 20050419000481.014 ingress, egress, utilities, and use of facilities, unless otherwise specifically limited, shall exist in favor of all Owners in the Plat. Section 7.3. Maintenance of Common Areas/Other Maintenance. The Organization shall maintain, repair, replace, improve, and otherwise manage all of the Common Areas so as to keep them in good repair and condition and shall conduct such additional maintenance, repair, replacement, construction, or reconstruction as may be determined by the Board to promote the recreation, health, safety, and welfare of the Owners. Any action necessary or appropriate to the maintenance and upkeep of the Common Areas, the landscaping, irrigation, stonn drainage facilities, sewer and water systems, all buildings, gas, telephone, or electrical or television facilities applicable to the Common Areas shall be taken by the Board. In addition, the Board may, in its discretion, agree to maintain other improvements within the Platswhere the Board finds that such maintenance will provide a general benefit to the Organization and the Lots in the Plat. ARTICLE 8 -EASEMENTS AND OPEN SPACE Section 8.1. Construction, Utility and Drainage Easements. Easements for the construction, repair, replacement, reconstruction, and maintenance of utilities and drainage facilities have been created along the street frontages of all lots and established by the recorded Plat including notes thereto. Furthermore, all10ts shall be subject to easements 2.5 feet in width, parallel and adjacent to all interior lot lines and 5 feet in width, parallel and adjacent to all rear lot lines for the purpose of private drainage. Easements shall move with adjusted lot lines. Maintenance of all private drainage easements shall be the responsibility of all lots deriving benefit from said easement, including the owner of the lot on which said easement(s) are located. No structure, including fences and retaining walls or rockeries, planting or other material which may damage or interfere with the installation and maintenance of utilities or facilities, or which may change the direction of flow of drainage channels in the easements, or which may obstruct or retard the flow of water through the drainage channels in the easements, shall be placed or permitted to remain within any of these easements, except as otherwise authorized by the Plat or as specifically authorized by the Committee. Section 8.2. Maintenance of Common Areas. The Organization shall be responsible for maintaining, repairing and replacing: a) Any plat entry monuments, lighting, landscaping, and irrigation constructed in a common Tract. b) Landscaping, irrigation, fencing, and any other community improvements that have been or may be constructed in the future within a Common Tract or other areas designated by the Board, including easements in favor of the Laurelhurst Community Organization. c) Any landscaping and irrigation systems located within the public rights of way located in the Plat, except that which fronts or sides any individual lot. d) The mailbox stands. Page 13 of 19 20050419000481.01 E e) Any landscaping, and any and all necessary access roads, fences, gates, retaining structures drainage components, splash pads, and any other appurtenances within stonn detention tracts, and easements in favor of the Laurelhurst Community Organization for the outfall through other parcels. ARTICLE 9 -INSURANCE, CASUALTY LOSSES, CONDEMNATION Section 9.1. Insurance Coverage. The Organization shall obtain and maintain at all times as an Organization expense an insurance policy or policies and bonds written by companies licensed to do business in Washington which provide: 9.1.1. Insurance against loss or damage by fire and other hazards covered by the standard extended coverage endorsement in an amount as near as practicable to the full insurable replacement value (without deduction for depreciation) of the Common Areas, with the Organization named as insured, or such other fire and casualty insurance as the Organization shall determine will give substantially equal or greater protection. 9.1.2. General comprehensive liability insurance insuring the Organization, the Owners, Declarant, and any managing agent, against any liability to the public or to the Owners and their guests, invitees, licensees, or tenants, incident to the ownership or use of the Common Areas. 9.1.3. Worker's compensation insurance to the extent required by applicable laws. 9.1.4. Fidelity coverage naming the Organization as an obligee to protect against dishonest acts by the Board, Organization officers, committees, managers, and employees of any of them, and all others who are responsible for handling Organization funds, in an amount equal to three months general assessments on all Lots, including reserves. 9.1.5. Insurance against loss of personal property of the Organization by fire, theft, and other losses with deductible provisions as the Organization deems advisable. 9.1.6. Such other insurance as the Organization deems advisable, provided, that notwithstanding any other provisions herein, the Organization shall continuously maintain in effect casualty, flood, and liability insurance and a fidelity bond meeting the insurance and fidelity bond requirements for Projects established by Federal National Mortgage Organization, Government National Mortgage Association, Federal Home Loan Mortgage Corporation, Federal Housing Authority, and Veterans Administration, so long as any of them is a Mortgagee or Owner, except to the extent such coverage is not available or has been waived in writing by Federal National Mortgage Association, Government National Mortgage Association, Federal Home Loan Mortgage Corporation, Federal Housing Authority, or Veterans Administration. Section 9.2. Casualty Losses. In the event of substantial damage to or destruction of any of the Common Areas, the Organization shall give prompt written notice of such damage or destruction to the Owners and to the holders of all First Mortgages who have requested such notice from the Organization. Insurance proceeds for damage or destruction to any part of the Common Areas shall be paid to the Organization as a trustee for the Owners, or its authorized Page 14 of19 20050419000481.01 e representative, including an insurance trustee, which shall segregate such proceeds from other funds of the Organization. Section 9.3. Condemnation. In the event any part of the Common Areas is made the subject matter of any condemnation or eminent domain proceeding, or is otherwise sought to be acquired by any condemning authority, the Organization shall give prompt notice of any such proceeding or proposed acquisition to the Owners and to the holders of all First Mortgages who have requested from the Organization notification of any such proceeding or proposed acquisition. All compensation, damages, or other proceeds therefrom, shall be payable to the Organization. ARTICLE 10 -ENFORCEMENT Section 10.1. Right to Enforce. The Organization, Declarant, and any Owner shall have the right to enforce, by any appropriate proceeding at law or in equity, all covenants, conditions, restrictions, reservations, liens, and charges now or hereafter imposed by or pursuant to the provisions of this Declaration. Failure or forbearance by any person or entity so entitled to enforce the provisions of this Declaration to pursue enforcement shall in no event be deemed a waiver of the right to do so thereafter. Section 10.2. Imposition of Fines. (a) Authority to Impose Fines: The Organization shall have the right to impose monetary penalties against the owner and/or occupant of any Lot who violates these Covenants, Conditions and Restrictions or the Community Regulations or other rules and restrictions adopted by the Organization. The Board shall, from time to time, adopt a schedule for such monetary penalties. The schedule may provide for penalties that are assessed a single flat rate and may provide for penalties which are incurred on a periodic (daily, weekly, etc.) basis and which accrue until violations are corrected. (b) Procedure for Imposition of Fines: If the Organization determines that a violation of the Covenants, Conditions and Restrictions, or the Community Regulations or other rules and restrictions adopted by the Organization has occurred, the Organization shall send a written Notice of Violation to the owner or occupant of the Lot determined to be responsible for the violation. The Notice of Violation shall identify (1) the location where the violation has occurred, (2) the name of the person responsible for the violation, (3) the natUre of the violation, (4) the action or actions required in order to cure the violation and a deadline for compliance, and (5) the rate or amount of the fine that will be assessed if the violation is not cured by the compliance deadline. In addition, the Notice of Violation shall indicate that the owner or occupant deemed responsible for the violation shall be entitled to request a hearing before the Board, provided a written request for such a hearing is submitted to the Board within fourteen calendar days after the issuance of the Notice of Violation. Page 15 ofl9 20050419000481.017 (c) Hearing by Board: If a request for a hearing is submitted, the Board shall conduct a factual hearing and allow interested parties to present evidence relevant to the issues of whether or not a violation has occurred and what action is required to cure the violation. The Board shall issue a written decision after the conclusion of the factual hearing. All Notices of Violation become fInal either fourteen days after they are issued if no request for a hearing is submitted, or on the date that the Board issues its decision following a hearing. (d) Collection of Fines. Lien on Title: Unpaid fines assessed pursuant to Section 10.2 shall constitute liens against the Lot, be subject to the tenns and conditions of this Declaration regarding liens for assessments and attorneys fees. Section 10.3. Remedies Cumulative. Remedies provided by this Declaration are in addition to, cumulative with, and are not in lieu ot: other remedies provided by law. There shall be, and there is hereby created and declared to be, a conclusive presumption that any violation or breach or attempted violation or breach of the covenants, conditions, and restrictions herein cannot be adequately remedied by an action at law or exclusively by recovery of damages. ARTICLE 11 -AMENDMENT AND REVOCATION Section 11.1. Amendment by Organization. Prior to the expiration of the Development Period, any amendment to the Declaration may be executed by the Declarant. Subsequent to the expiration of the Development Period, this Declaration may be amended only by an instrument executed by the Organization for and on behalf of the Owners, provided, however, that such amendments shall have received the prior approval of a vote of the Owners having 75 percent of the total outstanding votes in the Organization, and provided, however, that the obligation to maintain common areas and improvements may not be revoked without the written consent of the City of Renton. Notwithstanding any of the foregoing, the prior written approval of 51 percent of all Mortgagees who_ have requested from the Organization notifIcation of amendments shall be required for any material amendment to the Declaration or the Organization's By-Laws of any of the following: voting rights, assessments, assessment liens, and subordination of such liens, reserves for maintenance, repair. and repiacement of Common Areas, responsibility for maintenance and repair, reallocation of interest in the Common Areas, or rights to their use, convertibility of Lots into Common Areas or of Common Areas into Lots; leasing of Lots other than as set forth herein; imposition of any restrictions on the right of an Owner to sell or transfer a Lot; any action to terminate the legal status of the Organization after substantial destruction or condemnation occurs, or any provisions which are for the express benefit of Mortgagees or eligible insurers or guarantors of First Mortgages. Section 11.2. Effective Date. Amendments shall take effect only upon recording in the County where the property is located Section 11.3. Additions and Amendments. Declarant hereby reserves the right to add additional properties to or delete properties from Laurelhurst. Additional properties may include subsequent phases of Laurel hurst, the Fotherengill short plat, or other properties or lots that the Declarant may wish to add at Declarant's sole discretion. Page 16 of 19 20050419000481.01 f ARTICLE 12 -GENERAL PROVISIONS Section 12.1. Taxes. Each Owner shall pay without abatement, deduction, or offset, all real and personal property taxes, general and special assessments, including local improvement assessments, and other charges of every description levied on or assessed against his Lot, or personal property located on or in the Lot. The Organization shall likewise pay without abatement, deduction, or offset, all of the foregoing taxes, assessments, and charges levied or assessed against the Common Areas. Section 12.2. Non:. Waiver. No waiver of any breach of this Declaration shall constitute a waiver of any 'other breach, whether of the same or any other covenant, condition, or restriction. Section 12.3. Covenants Running with the Land. The covenants, conditions, restrictions, liens, easements, enjoyment rights, and other provisions contained herein are intended to and shall run with the land and shall be binding upon all persons purchasing, leasing, subleasing or otherwise occupying any portion of the Plat, their heirs, executors, administrators, successors, grantees, and assigns. All instruments granting or conveying any interest in any Lot and all leases or subleases shall refer to this Declaration and shall recite that it is subject to the tenns hereof as if fully set forth therein. However, all tenns and provisions of this Declaration are binding upon all successors in interest despite an absence of reference thereto in the instrument of conveyance, lease, or sublease. Section 12.4. Attorneys' Fees. In the event of a suit or action to enforce any provision of this Declaration or to collect any money dUe hereunder or to foreclose a lien, the unsuccessful party in such suit or action shall pay to the prevailing party all costs and expenses, including title reports, and all attorneys fees that the prevailing party has incurred in connection with the suit or action, in such amounts as the court may deem to be reasonable therein, and also including all costs, expenses, and attorneys fees incurred in connection with any appeal from the decision of a trial court or any appellate court. . Section 12.5. No Abandonment of Obligation. No Owner, through his non-use of any Common Area, or by abandonment of his Lot, may avoid or diminish the burdens or obligations imposed by this Declaration. Section 12.6. Interpretation. The captions of the various articles, sections and paragraphs of this Declaration are for convenience of use and reference only and do not define, limit, augment, or describe the scope, content or intent of this Declaration or any parts of this Declaration. The neuter gender includes the feminine and masculine, the masculine includes the feminine and neuter, and the feminine includes the masculine and neuter, and each includes a legal entity when the context so requires. The single number includes the plural whenever the context so requires. Section 12.7. Severability. Invalidation of anyone of these covenants, conditions, restrictions, easements, or provisions by judgment or court order shall in no way affect any other ofthe same, all of which shall remain in full force and effect. Page 17 of 19 20050419000481.01 ~ Section 12.8. Notices. All notices, demands, or other communications (''Notices'') permitted or required to be given by this Declaration shall be in writing and, if mail postage prepaid by certified or registered mail, return receipt requested (if a Notice to Declarant, the Organization, or to fewer than all Owners), or if mailed first-class postage prepaid (if a Notice to all Owners), shall be deemed given three days after the date of mailing thereof, or on the date of actual receipt, if sooner, except as otherwise provided in the Governing Documents. Notice to an Owner may be given at any Lot owned by such Owner; provided, however, that an Owner may from time to time by Notice to the Organization designate such other place or places or individuals for the receipt of future Notices. Notices shall be addressee to the last known address of the addressee if not otherwise known. If there is more than one Owner of a Lot t. Notice to anyone such Owner shall be sufficient The address of Declarant during the Development Period and of the OrganiZation shall be given to each Owner at or before the time he becomes an Owner. lfthe address of Declarant or the Organization shall be changed, Notice shall be given to all Owners. Section 12.9. Applicable Law. This Declaration shall be construed in all respects under the laws of the State ofWasbington Page 18 of19 .. 20050419000481.02C IN WITNESS WHEREOF, TIIE UNDERSIGNED DECLARANT HAS EXECUTED TIllS DECLARATION THE DAY AND YEAR FIRST ABOVE WRITTEN. CONNER HOMES COMPANY. STATE OF WASHINGTON) ) m COUNTY OF KING ) On this / g/kday of Aspri I , 200~ , before me~ the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, "In\.m «. S'toc4~(~ personally appeared to me known to be the Asst. ~.fX, f?N5ikJ"Of(}nner Homes Company, which executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath ed that he was authorized to execute the said instrument. . Page 19 of 19 rinted name: (sa. f}..J # 1> VIS Notary Public in an for the State of was~ny)on My commission expires: Ret/\. ~ -U I q I o<g AFTER RECORDING RETURN TO: BANK OF AMERICA· HOME BUILDER OMSION WA3-504.04-02 10500 N.E. 8TH STREET, SURE 400 BELLEWE, WA 98004 Attention: loan Administration 20041116001156.001 (space above line reserved for recorder's use] Document Title: 1. Deed of Trust 2. Security Agreement 3. Fixture Filing Grantor(s): Conner Homes Company, a Washington corporation Grantee: Bank of America, N.A., a national banking association Legal Description: Abbreviated: LOTS 1-3, KC SP 'II SP678160, REC #7810171032; LOTS 1-4, KC SP #179143, REC #7910180905; AND PTNS EH NWQ SECTION 15-23-5 Full Legal Description: See Schedule "~' attached Assessor's Tax Parcel No(s): 152305-9015-0,1523OS-9018·02, 152305-9024-04, 152305-9194.0a, 152305-9213"()S; 152305-9215-03, 152305-9038"()8, 152305-9214-04, 152305-9046..()8, 152305-9211..()7, 15230s.l9212"()6, . '5eae5 Slfll 88,152305-9016-04, 152305-9017"()3, 152305-9005-07· . Reference Nos. of Documents Released or Assigned: Not Applicable NOTICE TO RECORDER: THIS DOCUMENT SERVES AS A FIXT~~!i F.ILIN~ UNDER THE WASHINGTON UNIFORM COMMERCIAL CODE. This Financing Statem!!.,,~ p~ve~ 900«1,5 described herein by item or type some or all of which are affixed or are to be :att:ii(~c! fo the real property described in Schedule A to this document. For purposes of this flxturefijlng·the Debtor and the Secured Party and theIr respective addresses are: . Debtor: Conner Homes Company 846 • 1 oath Avenue NE Bellevue, Washington 98004 Debtor's Organizational Identification No.: 601 082124 BankofAmerica. ~ Secured P,arty; :eaok of America, N.A. REBG • Hom~ ~LiIIEl'" Division WA3-504-04-4»2, . . 1 0500 N.E; 8~~tJ'eet, ~uite 400 Bellevue, WA98004 CHi* Tm£ INS. C1@J FltFI i #0iC~ J r -/6 ~-• Loan No. 203828 TItle Co. & no.: Chicago Titlelnsurjlnce Company 1144235 DEED OF TRUST, .. SECURITY AGREEMENT and RXTURE FIllING (Washington) THIS DEED OF TRUST, SECURITY AGREEMENT AND FIXTURE FILlN~,{~Deed ~f Trust") is made as of October 1,2004, by CONNER HOMES COMPANY, a Washing~rilcOrj:;bration:("Grantor"), whose address Is 846 -10a1h Avenue NE, Bellevue, Washington 9aoo4;·lninlsuQ' PRlAP, Inc., a Washington corporation ('Trustee"), whose address is P.O. Box 515351\ ~cis::A!igel~, California 90051-6651, for the benefit of BANK OF AMERICA, N.A., (·BeneflciarY"),:~bse address is Home DEED OF TRUST REBG Home Builder WA-OR-ID [202733 v.4 Rev. 05-23-03] [Conner Homes Company] m30446-537886.3.doc Page 1 of1 20041116001156.002 Bulder Division, WA3-504-04-02, 10500 N.E. 8th Street, SUite 400, Bellevue, WA 98004, Attention: loan Administration. FOR VALUABLE CONSIDERATION, Grantor covenants and agrees for the benefit of Beneficiary: 1. CONVEYANCE -GRANT OF SECURITY INTEREST. ks security for payment and performance of the Secured Obligations, Grantor irrevocably grants, bargains, sells and conveys to Trustee, in trust, with power of sale, and with right of entry and possession, for the benefit of Beneficiary, and assigns and grants to Beneficiary a securily interest in, aU of Grantor's right. title and interest, now owned or hereafter acquired, in and to the following (the "Property"): (a) The real properly descnbed in Schedule A attached to this Deed of Trust, together with all buildings, structures and other Improvements now or In the future located or to be constructed thereon, and all tenements, hereditaments, appurtenances, privileges and other rights and interests now or in the future benefiting or otherWise relating thereto including, Without limitation, easements, licenses, rights-of- way, development rights, oil and ges rights, royalties, minerals and mineral rights, irrigation, well, ditch. reservoir and water rights, permits and stock, and the right to construct, use, connect to or have the benefit and enjo)m1ent of any offsite Improvement or utility (collectively. the "Project"). (b) All rents, issues. income, revenues, royalties and profits now or in the future payable With respect to or otherwise derived from the Project or the ownership, use, management, operation. leaSing or occupancy of the Project including, without limitation, those past due and unpaid; (c) All present and future right, title and interest of Grantor in and to all inventory, equipment, materials, supplies, fixtures and other goods and property of every kind, Iype and description now or in the future located at. upon or about, or affixed or attached 10 or installed in the Project. or used or to be used in connection with or otherwise relating to the Project or the ownership, use, development, construction, maintenance, management, operation, marketing, leasing or occupancy of the Project wherever such properly may be actually located including, without IImitatlon, building materialS and supplies, tools and equipment, machinery, furnaces, water tanks, ventilating and air conditioning equipment, furniture, furnishings, appliances, and all other types of tangible personal property and fIXtures of any kind or nature, and all accessories, additions, attachments, parts, replacements, substitutions, products and proceeds of or to any such properly; (d) All present and future right, title and interest of Grantor in and to aU accounts and proceeds (whether cash or non-cash and including pa)m1ent intangibles), general Intangibles, chattel paper. money, deposit accounts, loan disbursement accounts, accounts receivable, instruments, documents, letter of credit rights and all other agreements, contract rights, obtigations, rights, claims, causes of action and written materials now or in the Mure relating to or otherwise arising in connection with or derived from the Project or the ownership, use, development, construction, maintenance, management, operation, marketing, leasing, occupancy, sale or financlng of the Project including. without limitatIOn, (I) studies, reports, maps, diagrams, surveys. plats. design and consulting work, and land use permit applications, filings and supporting Information, (D) permits, approvals and other governmental and non-governmental consents, licenses and authorizations, (iii) improvement plans and specifications and architectural drawings, (iv) agreements with contractors, subcontractors, suppliers, project managers and supervisors, deSigners, architects, engineers, sales agents, leasing agents, consultants and property managers, (v) takeout, refinancing, standby and permanent loan commitments, (vi) warranties, guaranties, indemnities and insurance policies, insurance payments and unearned insurance premiums, (vii) claims, demands, awards, settlements and other payments arising or resulting from or otherwise relating to any insurance or any loss or destruction of, or injury or damage to, trespass on or taking, condemnation (or conveyance in lieu of condemnation) or public use of any of the Project, (viii) Grantor's funds or any other amounts deposited by or on behalf of Grantor with Beneficiary or with another in connection with the making of on-site or off-site Project related improvements, (ix) leases, rental agreements, license agreements, service and maintenance agreements, listing agreements, signs, telecommunication numbers, purchase and sale agreements and purchase options, together with advance payments, earnest money, security deposits, and other amounts paid to or deposited with Grantor under such agreements, (x) reserves, deposits, bonds, surety bonds, payment and performance bonds, letters of credit, deferred payments, latecomer payments, refunds, rebates. discounts, cost savings, escrow proceeds, sale proceeds and all other rights to the payment of money, trade names, trademarks, service marks, logos, goodwill and all other type of intangible personal property of any kind or nature, and (xi) all supplements, modifications, amendments, renewals, restatements, extensions, proceeds, repairs, replacements and substitutions of such property; and (e) All books and records pertaining to the Properly including, without limitation. all computer readable memory and any computer hardware or software necessary to access and process such memory. DEED OF TRUST REBG Home Builder WA-OR-ID [202733 v.4 Rev. 05-23-03) [Conner Homes Company] m30446-537886.3.doc Page 2of2 20041116001156.003 Grantor represents and warrants to the Beneficiary that THE REAL PROPERTY CONVEYED BY THIS DEED OF TRUST IS NOT USED PRINCIPALLY FOR AGRICULTURAL PURPOSES. 2. SECURITY AGREEMENT; FIXTURE FlUNG. This Deed of Trust also constitutes (a) a common law assignment for security and a security agreement under the Washington Uniform Commercial Code assigning and granting to Beneficiary a security interest In all or any of the Property now or hereafter constituting personal property or fixtures, and in any personal property, tangible or intangible, described in any UCC Financing statement filed in connection with this Deed of Trust or the Secured Obligations, including products and proceeds thereof and all supporting obligations ancillary thereto, and (b) a financing statement filed for record in the real estate records as a fixture filing pursuant to the Uniform Commercial Code of the State of Washington and covering items of property which are or are to become fixtures with respect to the Property. Grantor authorizes Beneficiary at any time and from time to time to file any initial finanCing statements, amendments thereto and continuation statements with or without signature of Grantor as authorized by applicable law, as applicable to the Property, and ratifies any such filings by BenefiCiary made prior to the date of this Deed of Trust. For purposes of such filings, Grantor agrees to furnish any information requested by Beneficiary prornpUy upon request by Beneficiary. 3. SECURED OBLIGATIONS. The following obligations (the aSecured Obligations") are secured by this Deed of Trust: (a) Payment of the sum of THIRTEEN MILLION ONE HUNDRED NINETY -SIX THOUSAND TWO HUNDRED FIFTY AND NOJ100 DOlLARS ($13,196,250.00) with interest thereon according to the terms of a promissory note of even date herewith, payable to Beneficiary or order and made by Grantor, including all renewals, amendments, modifications, restatements and extensions thereof (the "Note»). THE NOTE MAY CONTAIN PROVISIONS ALLOWING FOR THE INTEREST RATE TO BE INDEXED, ADJUSTED, RENEWED, OR RENEGOTIATED. BY THIS REFERENCE THE NOTE IS INCORPORATED IN AND MADE A PART OF THIS DEED OF TRUST AS THOUGH SET FORTH IN FULL. If the Note evidences a revolving line of credit by Beneficiary to Grantor, then it is the express Intent of Grantor and Beneficiary that this Deed of Trust and the estate held by the Trustee hereunder shall continue in effect notwithstanding that from time to time no Secured Obligations may exist, and shall survive as security for all new or additional Secured Obligations from time-ta-time arising; (1)) Payment of such further sums as may now or hereafter be advanced or loaned by Beneficiary to Grantor or any of Its successors and aSSigns, and payment and performance of every other present and future obligation owing by Grantor to BenefICiary of any kind, and all renewals, modifications, restatements and extensions thereof, including any interest. fees, costs, service charges, indemnifications and expenses connected with such obligations, If (I) the promissory note or other written document evidencing the future advance or loan or other obligation specifically states it is secured by this Deed of Trust, or (ii) the advance, loan or other obligation is made or Incurred pursuant to the Note, this Deed of Trust or any other document, instrument or agreement evidencing. securing or relating to the loan evidenced by the Note (the "Loan"), whether executed prior to, contemporaneously with, or subsequent to this Deed of Trust (all such documents, including, without limitation, any loan commitments and any construction or other loan agreement, and all renewals, amendments, modifications,· restatements or extensions thereof, are collectively referred to as the "Loan Documents"), together with interest thereon at the rate set forth in the Note, unless othelWise specified in the Loan Documents or agreed in wrlting; (c) Performance of each agreement, term and condition contained in this Deed of Trust or set forth or incorporated by reference in the Loan Documents including, without limitation, any provisions relating to Loan funds set-aside for the benefit of third parlles, as evidenced by a set-aside agreement between Grantor and Beneficiary; and (d) Payment and performance of the obligations of Grantor 10 Beneficiary under anyone or more interesl rale swap transactions, forward rate transactions, inteM$t rate cap, floor or collar transactions, swaptions, bond and bond price swaps, options or forwards, treasury locks, any similar transaction, any option to enter into any of Ihe foregoing and any combination of the foregoing. with Beneficiary, whether now existing or hereafter entered inlo including, without limitation any master agreement relating 10 or goveming any or all of the foregoing and any related schedules and confirmations, and in which this Deed of Trust IS expressly referenced as a credit support document (each, a "SWap Contra~). As used in this Deed of Trust, the term "Loan Documents" includes each Swap Contract secured by this Deed of Trust. The Secured Obligations shall ill!! include the obligations of Grantor (or any other person or entity) under any Environmental Indemnification and Release Agreement at any lime executed by Grantor (or any other person or entity) in connection with the loan. The right is reserved to the Beneficiary, without actual notice to or the consent of Grantor, to amend this Deed of Trust to delete from the security of this Deed of Trust anyone or more of the Secured DEED OF TRUST REBG Home Builder WA-OR-ID [202733 v.4 Rev. 05-23-03] [Conner Homes Company! m30446-537886.3.doc Page 3 of3 20041116001156.004 Obligations, provided, that the original or a Beneficiary certified copy of such amendment is recorded in the County where the Project is located on or prior to the date the Trustee concludes a sale of the Property under applicable law. 4. AFFIRMATIVE COVENANTS. Grantor shall, unless waived in writing by Beneficiary: (a) Maintain and preselVe the Property in good condition and repair, and not commit or permit any vyaste thereof; with diligence obtain all required permits and approvals and construct and complete, in a good an workmanlike manner free of defective materials or workmanship and in accordance with the plan and Project budget approved by Beneficiary, the on-site and any off-site improvements to be constructed as part of the Project; restore any improvements which may be damaged or destroyed; maintain the Property free and clear of all liens and encumbrances other than the encumbrance of this Deed of Trust, any lien specifically approved by Beneficiary in writing, and any lien for taxes or assessments not delinquent; not purchase or contract for any materials, equipment, furnishings, fixtures or personal property that the seller has the right to remove; and defend any action or proceeding purporting to affect the securIty of this Deed of Trust or the rights and powers of Beneficiary or Trustee; (b) Comply with all laws, ordinances, regulations, covenants, conditions 8I1d restrictions affecting the Property; (c) Pay and perform promptly all Secured Obligations; all taxes, assessments and governmental liens or charges levied against the Property; and all claims for labor. materials, supplies or otherwise which, If unpaid, might become a lien or charge upon the Property; (d) Keep all on-site and any off-site Project improvements and all Project related inventory, equipment, materials and supplies continuously Insured, with premiums prepaid, against all risks, casualties and losses through standard fire and extended coverage ill$urance or otherwise, including. without limitation, insurance against fire, theft, casualty, vandalism and any other risk Beneficiary may reasonably request. During construction on the Project, such policies shan be in "Builders Risk" form. The insurance policies shall be in an aggregate amount of not less than the full replacement cost of said improvements and other property, including the cost of demolition and removal of debris, and shall name Beneficiary as loss payee under a lender loss payable endorsement in form satisfactory to BenefiCiary. The amounts collected under the insurance policies may be applied to the Secured Obligations in any manner as Beneficiary determines. and such appflcation shaN not cause discontinuance of any proceeding to foreclose upon thIs Deed of Trust. In the event of foreclosure, all of Grantor's rights in the insurance policies shall pass to the purchaser at the foreclosure sale. Furthermore, Grantor shall (i) obtain flood insurance if the Project is located in a designated flood hazard area (as determined by Beneficiary, with such determination to be made at Grantor's expense); and (II) maintain commercial general liability insurance Insuring against liability from risks associated with the use, ownership, construction and operation of the Project, with coverage limits approved by Beneficiary. All insurance policies required hereunder shall be subject to Beneficiary's approval and obtained from financially reputable Insurers acceptable to Beneficiary. All deductibles shari be in amounts acceptable to BenefiCiary; (e} Pay, reimburse and indemnify Beneficiary for all of BenefiCiary's costs and expenses incurred in connection with the enforcement of Beneficiary's rights and Grantor's obligations under this Deed of Trust, foreclosing upon this Deed of Trust, defending any action or proceeding purporting 10 affect the rights or duties of Beneficiary or Trustee under this Deed of Trust, or managing the Property and collecting the rents from the Property, including, without limitation, all reasonable attorneys' fees and the value of the services of staff counsel (Including on appeal or othelWise), collection costs, costs of title search. and trustee's and receiver's fees; and (f) Not permit or allow anyone to four famUy residential dwelling or condominium unil encumbered by this Deed of Trust to be occupied prior to closing the sale of that dweUinglcondorninium unit to an owner occupant and payment to BenefiCiary of the amount required to obtain a reconveyance of this Deed at Trust with respect to that dwelling/condominium unit. 5. INSPECTION OF COLLATERAl. Beneficiary andlor its agents or representatives may at reasonable times enter upon and inspect Ihe Project including, without limilation, Inspecting work in progress. and the making of tests and the taking of sampfes. If BenefiCiary and/or its agents or representatives believes i1 has a duty or obligation to disclose any report or findings made as a result of or in connection with any inspection of the Project, then Beneficiary and/or its agents or representatives may make such disclosure. In the event of a default Beneficiary may obtain a current regulatoJ)' conforming appraisal of the Project In addition, BenefiCiary may commission appraisals when required by laws and regulations, which govern BenefiCiary's lending practices. The cost of all such appraisals (and related internal review fees and costs) will be paid by Grantor within fifteen (15) days after request by Beneficiary. DEED OF TRUST REBG Home Builder WA"()R-ID 1202733 v.4 Rev. 05.23-03] [Conner Homes Company] m30446·537886.3.doc Page 4 of4 20041116001156.005 6. PROTECTION OF BENEFICIARY'S INTEREST. If Grantor falls to pay any amounts which may become a lien on the Property, or fails to maintain adequate insurance on the Property as required by Section 4(d) above, Beneficiary may at Its sole option pay such obligations and/or obtain such insurance and all costs and expenses so incurred by Beneficiary shall be added to the Secured Obligations and payable by Grantor on demand together with interest at the default rate in the Note. 7. DEFAULT. Time is the essence of Grantor's obligations under this Deed ofTrust and the other Loan Documents. The fOl/owing evenls shan, at Beneficiary's option, and at any time without regard to any previous knowledge on Beneficiary's part, constitute a default under this Deed of Trust, and the other Loan Documents: (a) Construction of anyon-site or off-site Project improvements is abandoned or discontinued for 15 consecutive days or more, or Beneficiary determines that the work is not being performed in accordance with the plans, specifications or project budget approved by BenefICiary, or a stop work order is issued on aI/ or any portion of the Project and the order is not dismissed within ten (10) days after the date the order Is Issued; (b) Document; Any payment is not made when due under the Note, this Deed of Trust or any other Loan (e) There is a default under, a breach of, or failure to perform any other covenant, agreement or obligation to be performed under this Deed of Trust or any other Loan Document or under any guaranty of all or any part of the Secured Obligations; (d) Any representation or warranty contained in this Deed of Trust or any other Loan Document, or any financial or other information furnished to Beneficiary in connection with the Loan, proves to be false or misleading in any malerial respect; (e) Grantor defaults under any contract or other agreement relating to the Property, and such default is not cured within the applicable cure period, If any; (f) (g) Contract; Grantor is in default with respect to any other loan from Beneficiary to Grantor; An event occurs which gives Beneficiary the right or option to terminate any Swap (h) Granlor, or any guarantor of the Loan fails to pay his, her or its debts generally as they become due, or files a petition or action for relief under any bankruptcy, reorganization or Insolvency laws or makes an assignment for the benefit of creditors; or <I) An Involuntary pelltlon is filed against Granlor or any guarantor of the Loan under any bankruptcy. reorganization or other insolvency laws, or a custodian, receiver or trustee is appointed to take, possession, custody or control of the Property or any other properties or assets of Grantor or of any guarantor of the Loan, and such petition or appointment is not set aside, withdrawn or dismissed within thirty (30) days from the date of filing or appointment. 6. REMEDIES. If any default occurs and is continuing. and subject to any applicable notice and cure period provided for in the Note or any other Loan Document, Beneficiary may, at its option: (a) Declare any or all of the Secured Obligations, together with all accrued interest. to be Immediately due and payable without presentment, demand, protest or notice of any kind, all of which are expressly waived by Grantor; (b) Pay such sums as may be necessary to obtain a current appraisal of the Project, to inspect and test the Project andlor other Property. to pay any tax, assessment, insurance premium, lien, encumbrance or other charge against the Property, to obtain a title report andlor Trustee's Sale Guaranty, all such expenditures to be paid for by Grantor on demand and added to the Secured Obligations; and (c) Exercise its rights and remedies under this Deed of Trust, the other Loan Documents, and applicable law including, without limitation, foreclosure of this Deed of Trust judicially as a mortgage or non-judicially pursuant to the power of sale. In any judicial or non~ludicial foreclosure of this Deed of Trust, the Property may be sold separately or as a whole at the option of Beneficiary, and In the event of a trustee's sale of the Property purSuant to the power of sale granted herein Beneficiary hereby assigns its security interest in the personal property collateral to the Trustee. Beneficiary may also realize on the personal property collateral in accordance with the remedies available 10 secured parties under the Uniform Commercial Code or at law. Grantor and the holder of any subordinate lien or security interest DEED OF TRUST REBG Home Builder WA'()R-ID [202733 vA Rev. 05-23-031 [Conner Homes Company) m30446-537886.3.doc Page 5 of 5 20041116001156.006 with actual or constructive notice hereof waive any equitable, statutory or other right to require marshalling of assets or to direct the order In which any of the Property win be sold. Beneficiary's failure to exercise or enforce any of its rights or remedies in the event of a default shall not constitute a waiver or cure of the default, or of any subsequent default, or of its rights and remedies with respect to such default In the event of default under this Deed of Trust or the other Loan Documents, and whether or not suit is filed or any proceedings are commenced, all of BenefiCiary's costs and expenses incurred in connection therewith including, without limitation, Trustee's and attomeys' fees (Including attorneys' fees for any appeal, bankruptcy proceeding or any other proceeding), accountants' fees, appraisal and internal appraisal review fees, inspection fees (including inspections for hazardous substances, asbestos containing materials, and compliance with building and land use codes and regulations), engineering fees, and expert witness fees and costs of tiUe reports shall be added to and be a part of the Secured Obligations and shall be payable by Grantor on demand together with interest on such sums at the default rate in the Note. 9. ENTRY. Upon the occurrence of an event of default, and If Grantor has not cured the default within any applicable notice and cure period, then BenefICiary shall have the right but not the obligation, In person or through a third party designated by Beneficiary, or by a court appOinted receiver, to enter, take possession of, and manage or operate aU or any part of the Project and the Property, and to perform or cause to be performed all work and labor necessary to complete construction of the ProjecL All sums expended by Beneficiary in doing so shall be deemed to have been advanced under the Note and together with interest at the default rate under the Note shall be secured by this Deed of Trust and any other collateral for the Loan. Any funds disbursed by Beneficiary In excess of the maximum principal amount of the Note will be considered an additional advance on the Loan to Grantor bearing interest at the default rate under the Note, and will be secured by this Deed of Trust and any other collateral for the Loan. Beneficiary, by elecUng to complete a Project win not be deemed to have assumed any liability to Grantor or any other person or entity for completing the Project or for the manner or quality of construction of the Project, and Grantor hereby expressly waives any such lIablHty on behalf of Beneficiary. Grantor hereby designates, constitutes and appoints Beneficiary as its true and lawful attorney-in-fact with full power of substitution to complete the Project in the name of Grantor and to (a) use any undisbursed loan proceeds Or funds of Grantor held by Beneficiary for the purpose of completing the Project; (b) make such additions, changes and alterations to the Project, the plans and specifications for the Project, and to the Project budget as Beneficiary deems desirable; (c) employ contractors, subcontractors, architects, surveyors, engineers and other persons as may be required for such purposes; (d) to collect and receive any payment of money owing to Grantor and to pay, seWe or compromise all existing bills and claims which may be liens against the Project, any of the Property or as may be necessary or desirable for the completion of the Project or for clearance of title; and (e) do any and all things which Grantor might do on its own behalf in order to complete the Project free and clear of all liens and encumbrances and in accordance with all govemmental and other requirements applicable to the Project. The power of attorney granted pursuant to this paragraph shall be deemed a power coupled with an interest and irrevocable. Beneficiary, in the exercise of this power, shall not be deemed a trustee or fiduciary of Grantor and Beneficiary is authorized to take all such actions as Beneficiary in its sole determination may consider necessary or desirable to protect the security of this Deed of Trust. Grantor shall, within five (5) days following written demand from BenefICiary, surrender and deliVer to Beneficiary the originals of aU books and records, all plans and specifications, an perrnHs, licenses and approvals, and all agreements with suppliers and contractors for the Project, and shall grant Beneficiary and it agents and contractors unrestricted posseSSion of and access to and control over the Project. Grantor further agrees that any failure on its part to do so shall entitle Beneficiary, without further notice to Grantor, to make ex-parte application to a court of general Jurisdiction in the county where the Project is located for immediate Issuance of an order, without bond, granting specific performance of Beneficiary's rights under this paragraph and/or for appointment of a receiver to take possession and control of the Property and the Project. Beneficiary's attorneys' fees, costs and expenses to obtain the court order, and any payment or reimbursement by Beneficiary of a receiver's costs, expenses and attorneys' fees (including on appeal or otherwise), shall be deemed an additional advance to Grantor under the Note as provided above In this paragraph. All sums expended by Beneficiary shall be repayable by Grantor on demand together with interest at the default rate in the Note. 10. APPOINTMENT OF RECEIVER. In the event of a default, Grantor consents to, and Beneficiary, to the fullest extent permilled by applicable law, shall be entitled, without notice, bond or regard to the adequacy of the Property, to the appointment of a receiver for the Property. The receiver shall have, in addition to aU the rights and powers customarily given to and exercised by a receiver, all the rights and powers granted to Beneficiary by the Loan Documents. The receiver shall be entitled to receive a reasonable fee for management of the Property. If Grantor is an occupant of the Property, Beneficiary has the right to require Grantor to pay rent at fair market rates and the right to remove Grantor from Property if Grantor fails to pay rent. 11. CUMULATIVE REMEDIES. To the fullest extent allowed by law, all of Beneficiary's and Trustee's rights and remedies specified in this Deed of Trust or in any of the other Loan Documents are cumUlative, not mutually exclusive and not in substitution for any rights or remedies available at law or in DEED OF TRUST REBG Home Builder WA'()R·m [202733 v.4 Rev. 05-23-03) [Conner Homes Company] m30446-537886.3.doc Page SotS 20041116001156.007 equity. Without waiving its rights in the Property, Beneficiary may proceed against Grantor, any other party obligated to pay or perform the Secured Obligations or against any other security or guaranty for the Secured Obligations, in such order or manner as Beneficiary may elect, Except where prohibited by applicable law, the commencement of proceedings to enforce a particular remedy shall not preclude the commern;ement of other proceedings to enforce a different remedy. 12. PARTIAL RECONVEYANCES. By the acceptance of this Deed of Trust, the Beneficiary agrees it will. upon request of the Grantor, if no default exists under this Deed of Trust or any of the other Loan Documents and no event has occurred Which through the passage of time, the giving of notice or both. could constitute a default, Join with the Grantor In requesting the Trustee to partially reconvey, at Grantor's expense, a portiones) ot the Property as specifically described In the Loan Documents, if the following conditions are met (a) Fuji compliance with the partial release provision(s) of the Loan Documents including, without limitation, payment to Beneficiary of the fun partial release payment and payment to the Trustee of the Trustee's reconveyance fee and recording charges; (b) Grantor delivers to BenefICiary evidence that the partial reconveyance will not have any adverse effect upon the priorHy position of the remaining security as evidenced by the title insurance held by the Beneficiary; (c) If applicable, the remaining collateral must be platted in accordance with regulations of the klcaI government authority, the plat must be properly recorded, and Beneficiary must receive evidence satisfactory to Beneficiary of final plat approval from the government authority; (d) The reconveyance, in Beneficiary's opinion, will not resuit in the loss by any other part of the Project of reasonable access to a public street or the use of any necessary easements or utility services; and (e) If the Project is a condominium, no partial reconveyance wHI be made of any unit until such time as all units to be constructed with the Loan are completed. 13. EMINENT DOMAIN. If any portion of the Property is taken or damaged through eminent domain (or pursuant to a transfer in lieu thereof), the amount of the award to Which Grantor is enWed shall be paid to Beneficiary and applied to the Secured Obligations at Beneficiary's option. 14. TRANSFERS. Grantor shall not, without Beneficiary's prior written consent, directly or indirectly (i) transfer, assign or convey any interest In the Property, for security purposes or otherwise. or (ii) consent to, permit or allow the transfer of any Interest in Grantor. . 15. SUCCESSORS AND ASSIGNS. This Deed of Trust inures to the benefit of and is binding upon the respective heirs, administrators, successors and assigns of Grantor and Beneficiary. 16. SUCCESSOR TRUSTEE. In the event of Trustee's death, incapacity, disability, dissolution, resignation or refusal to act, Beneficiary may appoint a successor trustee and, upon the recording of such appointment in the records of the county in which this Deed of Trust is recorded, the successor trustee shalf be vested with all powers of the original Trustee. 17. GOVERNING LAW. This Deed of Trust shall be construed and enforced under the laws of the state of Washington. In any action or proceeding to construe or enforce this Deed of Trust or any of the Loan Documents, the prevailing party shall recover its costs and reasonable attorneys' fees Including those incurred in any lrial or arbitration proceeding, in any bankruptcy or receivership proceeding, and in any appeal therefrom. WASHINGTON NOnCE: ORAL AGREEMENTS, PROMISES OR COMMITMENTS TO: (1) LOAN MONEY, (2) EXTEND CREDIT, (3) MODIFY OR AMEND ANY TERMS OF THE LOAN DOCUMENTS, (4) RELEASE ANY GUARANTOR, (5) FORBEAR FROM ENFORCING REPAYMENT OF THE LOAN OR THE EXERCISE OF ANY REMEDY UNDER THE LOAN DOCUMENTS, OR (6) MAKE ANY OTHER FINANCIAl ACCOMMODATION PERTAINING TO THE LOAN ARE AlL UNENFORCEABLE UNDER WASHINGTON LAW. DEED OF TRUST REBG Home Builder WA-OR·ID [202733 v.4 Rev. 05-23-03J [Conner Homes Company] m30446-537886 .3.doc Page 7 of7 20041116001156.007 equity. Without waIVing its rights in tha Property, Beneficiary may proceed against Grantor, any other party obfJgated to payor perform the Secured Obligations or against any other security or guaranty for the Secured Obligations, in such order or manner as Beneficiary may elect. Except where prohibited by applicable law, the commencement of proceedings to enforce a particular remedy shaD not preclude the commencement of other proceedings to enforce a different ramedy. 12. PARTIAL RECONVEYANCES. By the acceptance of this Deed of Trust, the BenefICiary agrees it will, upon request of the Grantor, if no default exists under this Deed of Trust or any of the other Loan Documents and no event has occurred which through the passage of time, the gIVing of notice or both, could constitute a default, join with the Grantor in requesting .the Trustee to partially reconvey, at Grantor's expense, a portiones) of the Property as specifically described in the Loan Documents, if the foUowing conditions are met (a) Full compliance with the partial release provision(s) of the Loan Documents induding, without limitation, pa)lment to Beneficiary of the fuR partial release payment and payment to the Trustee of the Trustee's reconveyance fee and recording charges; (b) Grantor delivers to BenefICiary evidence that the partial reconveyance win not have any adverse effect upon the priority pOSition of the remaining security as evidenced by the title Insurance held by the Beneficiary; (c) If applicable, the remaining collateral must be platted In accordance with regulations of the local government authority, the plat must be properly recorded, and Beneficiary must receive evidence satisfactory to Beneficiary of final plat approval from the government authority; (d) The reconveyance, in Beneficiary's opinion, will not result In the loss by any other part of the Project of reasonable access to a public street or the use of any necessary easements or utifrty services; and . (e) If the Project is a condominium, no partial reconveyance will be made of any unit untO such time as all units to be Constructed with the Loan are completed. 13. EMINENT DOMAIN. If any portion of the Property is taken or damaged through eminent domain (or pursuant to a transfer in lieu thereof), the amount of the award to which Grantor is entitled shall be paid to Beneficiary and applied to the Secured Obligations at Beneficiary's option. 14. TRANSFERS. Grantor shall not, without Beneficiary's prior written consent, direcUy or indirectly (0 transfer, assign or convey any interest In the Property, for security purposes or otherwise, or (ii) consent to, permit or allow the transfer of any interest In Grantor. . 15. SUCCESSORS AND ASSIGNS. This Deed of Trust Inures to the benefit of and is binding upon the respective heirs, administrators, successors and assigns of Grantor and BenefICiary. 16. SUCCESSOR TRUSTEE. In the event of Trustee's death, incapacity, disability, dissolution. resignation or refusal to act, Beneficiary may appalnt a successor trustee and, upon the recording of such appointment In the records of the county in which this Deed of Trust Is recorded, the successor trustee shall be vested with all powers of the original Trustee. 17. GOVERNING LAW. This Deed of Trust shall be construed and enforced under the laws of the State of Washington. In any action or proceeding to construe or enforce this Deed of Trust or any of the Loan Documents, the prevailing party shall recover its costs and reasonable attomeys' fees including those incurred in any lrial or arbitration proceeding, In any bankruptcy or receivership proceeding, and in any appeal therefrom. WASHINGTON NOnCE: ORAL AGREEMENTS, PROMISES OR COMMITMENTS TO: (1) LOAN MONEY, (2) EXTEND CREDIT, (3) MODIFY OR AMEND ANY TERMS OF THE LOAN DOCUMENTS, (4) RELEASE ANY GUARANTOR, (5) FORBEAR FROM ENFORCING REPAYMENT OF THE LOAN OR THE EXERCISE OF ANY REMEDY UNDER THE LOAN DOCUMENTS, OR (6) MAKE ANY OTHER FINANCIAL ACCOMMODATION PERTAINING TO THE LOAN ARE ALL UNENFORCEABLE UNDER WASHINGTON LAW. DEED OF TRUST REBG Home Builder WA-OR-ID [202733 v.4 Rev. 05-23-03) [Conner Homes Company) m30446-537886.3.doc Page70f7 20041116001156.008 GRANTOR: nt Vice President STATE OF WASHINGTON 55. COUNTY OF King I certify Ihat I know or have satisfactory evidence that GARRETT UPPER Is the person who appeared before me, and sald person acl<nowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acl<nowledge il as the Assistant Vice President of CONNER HOMES COMPANY, a Washington corporation to be the free and voluntary act of such party for the uses and purposes mentioned In the instrument. Dated: October J.l., 2004 -'~'" ~Jtr;~r);r.<nr /~~'( DEC,. \\\, Notary Public in and for~ta~ f cJ:..·~SiO;;~;.~--f, Washin~on, residing at~" IIIHI.·fJ-. : • ..r~ ~""P " _. My appointment expires __ ...LL'=--.:!l~.g.=:.o~,"--__ _ J :0 NOTARy~': ~:. I. .0 -1ll •. "1 ~~Pusuc il \;·SJi.·· ... !1~9-0f> •.• / -J 'I~~ •••••• ~. ..: '\\\ --:-""", .... - DEED OF TRUST -_ REBG Home Builder WA-OR-ID [202733 v.4 Rev. 05-23-03J [Conner Homes Company] m30446-537886.3.doc Page 8 of8 .. 20041116001 nl6.(IOI SCHEDULE A THIS SCHEDULE A is attached to and part of the DEED OF TRUST dated October 1, 2004, between CONNER HOMES COMPANY, a Washington corporation, as GRANTOR. PRLAP, Inc •• a Washington corporation. as TRUSTEE. and BANK OF AMERICA. N.A., as BENEFICIARY. LEGAL DESCRIPTION: PARCEL 1 THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 15. TOWNSHIP 23 NORTH. RANGE 5 EAST, WILlAMETTE MERIDIAN,IN KING COUNTY. WASHINGTON. EXCEPT THE EAST 20 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEED RECORDED UNDER RECORDING NUMBER 1799641. PARCEL 2 THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 15. TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; EXCEPT THE NORTH 20 FEET; EXCEPT THE WEST 20 FEET: EXCEPT IN THE EAST 30 FEET. PARCEL3A THAT PORTION OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 15. TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHEAST CORNER OF SAlD SOUTH HALF; THENCE NORTH 88°19'28" WEST ALONG THE NORTH LINE OF SAID SOUTH HALF, 330.05 FEET TO THE WEST LINE OF THE EAST 330.00 FEET OF SAID SOUTH HALF AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 88°19'28' WEST ALONG SAID NORTH LINE, 319.43 FEET TO THE WEST LINE OF SAID SOUTH HALF; THENCE SOUTH 00°44'31" WEST ALONG SAID WEST LINE, 330.03 FEET TO THE SOUTH LINE OF SAID SOUTH HALF; THENCE SOUTH 88~'42· EAST ALONG SAID SOUTH LINE, 630.09 FEET TO THE WEST RIGHT OF WAY MARGIN FOR DlNALL AVE. N.E. (138TH AVE. S.E.); THENCE NORTH 00"38'00" EAST ALONG SAID WEST MARGIN, 31.42 FEET TO THE SOUTH LINE OF THE NORTH 297.97 FEET OF SAID SOUTH HALF; THENCE NORTH 88°19'28" WEST ALONG SAID SOUTH LINE, 240.04 FEET TO THE WEST LINE OF THE EAST 260.00 FEET OF SAID SOUTH HALF; . THENCE SOUTH 00"38'00" WEST ALONG SAID WEST LINE, 1.65 FEET TO THE NORTH LINE OF THE SOUTH 30.00 FEET OF SAID SOUTH HALF; THENCE NORTH 88°22'42" WEST ALONG SAID NORTH LINE. 70.01 FEET TO THE WEST LINE OF SAID EAST 330.00 FEET OF SAID SOUTH HALF; THENCE SOUTH 00°38'00. WEST ALONG SArD WEST LINE, 9.00 FEET; THENCE NORTH 88°22'42" WEST 1.89 FEET TO A POINT OF TANGENCY WITH A 39.00 FOOT RADIUS CIRCULAR CURVE TO THE RIGHT; THENCE NORTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 31°59'09, AN ARC DISTANCE OF 21.77 FEET TO A POINT OF TANGENCY; THENCE NORTH 56"23'33" WEST 89.90 FEET; THENCE NORTH 00°44'31" EAST 172.09 FEET; THENCE SOUTH 89°15'29" EAST 97.54 FEET TO THE WEST LINE OF SAID EAST 330.00 FEET OF SAID SOUTH HALF; THENCE NORTH 00°38'00" EAST ALONG SAID WEST LINE, 81.59 FEET TO THE TRUE POINT OF BEGrNNING. PARCEL3S-DELETED DEED OF TRUST REBG Home Builder WA-OR·JD [202733 v.4 Rev. 05·23-03) [Conner Homes Company] m30446-537886.3.doc Page 90f9 20041116001156~010 . . PARCEL 4 THE NORTH HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER; EXCEPT THE EAST 190 FEET THEREOF; TOGETHER WITH THE NORTH 30 FEET OF THE EAST 190 FEET OF THE NORTH HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER; EXCEPT THE EAST 20 FEET THEREOF FOR ROAD; ALL IN SECTION 15 TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON PARCEL5A LOTS 1, 3, AND 4, KING COUNTY SHORT PLAT NUMBER 179143, RECORDED UNDER RECORDING NUMBER 7910180905 BEING A PORTION OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, WllLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, EXCEPT THE WEST 7.5 FEET THEREOF FOR ROAD; TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER TRACTS Y AND X OF SAID SHORT PLAT, EXCEPT THAT PORTION OF SAID EASEMENT LYING WITHIN SAID LOTS 1, 3,AND4. PARCEL 58 lOT 2 OF KING COUNTY SHORT PLAT NUMBER 179143, AS RECORDED UNDER AUDITOR'S FilE NO. 7910180905 BEING A PORTION OF: THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, EXCEPT THE WEST 7.5 FEET OF ROAD; TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER TRACTS Y AND X OF SAID SHORT p~ T; EXCEPT THAT PORTION OF SAID EASEMENT LYING WITHIN SAID LOT 2. PARCEL 6 LOTS 1, 2 AND 3, KING COUNTY SHORT PLAT NUMBER 678160, RECORDED UNDER RECORDING NUMBER 7810171032, SAID SHORT PLAT BEING A SUBDIVISION OF A PORTION OF THE EAST HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILlAMETTE MERIDIAN, IN KiNG COUNTY, WASHINGTON. PARCEL 7 • DELETED PARCEL 8 THE SOUTH HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, iN KING COUNTY, WASHINGTON; EXCEPT THE EAST 20 FEET LYING WITHIN THE RIGHT OF WAY OF 140TH AVENUE SOUTHEAST; AND EXCEPT THE WEST 20 FEET LYING WITHIN THE RIGHT OF WAY OF 138TH AVENUE SOUTHEAST. PARCEL 9 THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST. WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON. EXCEPT THE WEST 15 FEET THEREOF AND THE EAST 20 FEET THEREOF FOR ROADS. TOGETHER WITH THAT PORTION OF VACATED 140TH AVENUE S.E. WHICH WOULD ATrACH BY OPERATION OF LAW. AS PROVIDED IN KING COUNTY ORDINANCE NO. 13228, RECORDED UNDER RECORDING NUMBER 20020208002079. PARCEL 10 THE EAST 190 FEET OF THE NORTH HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILlAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON. EXCEPT THE NORTH 30 FEET THEREOF EXCEPT THE EAST 20 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES UNDER RECORDING NUMBER 1798214. DEED OF TRUST REBG Home Builder WA·OR-lD [202733 v.4 Rev. 05·23·03] [Conner Homes Company] m30446-537886.3.doc Page 100f 10 · ; AFTER RECORDING RETURN TO: BANK OF AMERICA -HOMB BUIWING DIVISION W A3-S04-04-01 IOSOON.E.8Ti1STREET,SUlTE400 BELLEVUE, WA 98004 ATIN: LOAN ADMINISTRATION 20041221001208.001 .---~ 11111-111 1111 100120 CHICAGO TITLE AG 29. It PAGEl" OF IU 12/21/28.4 12:82 KING COUNTY, '-IA SPREADING AGREEMENT Grantor: Grantee: Legal Description (Of Additional Property): Abbreviated: Full: Tax Parcel Identification No. (Of Additional Property): Related Document: m30446-559374.2.doc CONNER HOMES COMPANY, a Washington eorporation BANK OF AMERICA, N.A., a national banking association A PORTION OF PARCEL A, C/RENTON LLA #LUA-04-129-LLA,20041202900025 See Exhibit B 152305--9079-08 Deed of Trust, Security Agreement and Fixture Filing, Recording # 20041116001156 -1 - CHICAGO TJll.E INS. CO([j) REF# /62/1 3'-/-0 20041221001208.002 SPREADING AGREEMENT TIllS SPREADING AGREEMENT (the "Agreement") is made and entered into as of the __ day of December, 2004 by and between CONNER HOMES COMPANY, a Washington corporation (the "Grantor" and "Borrower''). and BANK OF AMERICA, N.A., a national banking association (the "Beneficiary" and "Lender''). RECITALS A. Lender has made a loan (the "Loan") to Borrower evidenced by that certain Promissory Note dated October 1, 2004 made by Borrower and payable to Lender in the principal amount of Thirteen Million One Hundred Ninety-six Thousand Two Hundred Fifty Dollars ($13,196,250.00) (the "Note"). B. The Note is secured by that certain Deed of Trust, Security Agreement and Fixture Filing dated October 1, 2004, recorded on November 16,2004 in the records of King County) Washington under recording number20041116001156 (the "Deed of Trust"), encumbering real property located in Renton, King County, Waslmgton, more particularly described on Schedule A attached thereto (the "Property"). C. The Loan is also evidenced by a Construction Loan Agreement between Lender and Borrower, dated October 1, 2004, as amended by Letter Amendment dated October 1. 2004 (as so amended, the "Loan Agreement"). D. Borrower and Lender wish to spread the lien of the Deed of Trust to also encumber certain real property, more particularly described on Exhibit A attached hereto (the "Added Parcel"). E. Tenns defmed in the Note. Deed of Trust or Loan Agreement and not otherwise defmed herein shall have the same meaning in this Agreement, except as the context may . otherwise require. AGREEMENT NOW THEREFORE, in consideration of the mutual promises and covenants herein contained, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by Lender and Borrower, it is agreed as follows: 1. SPREADING OF LIEN. Borrower. as Grantor, for the purpose of spreading the lien of the Deed of Trust to also include the Added Parcel, as security for payment and perfonnance of the Secured Obligations, hereby irrevocably grants, bargains, sells and conveys to Trustee, in trust, with power of sa1e, and with right of entry and possession, for the benefit of Lender as Beneficiary, and -2- m30446-559374.2.doc 20041221001208.003 assigns and grants to Beneficiary a security interest in, an of Grantor's right, title and interest, now owned or hereafter acquired, in and to the following additional real property: THE NORTH HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE SOUI'HEAST QUARTER OF TIIE NORTHWEST QUARTER OF SECTION IS, TOWNSHIP 23 NORTH, RANGE 5 EAST, Wll..LAMETIE MERIDIAN, IN KING COUNTY, WASHINGTON; EXCEPT TIJE EAST 20 FEET~ AND EXCEPT THE WEST 20 FEET FOR ROADS; TOGETHER WfIH THAT PORTION OF VACATED 140TH AVENUE S.B. WHICH WOULD ATTACH BY OPERATION OF LAW, AS PROVIDED IN KlNG COUNTY ORDINANCE NO. 13228, RECORDED UNDER RECORDING NUMBER 20020208002079. EXCEPT mAT PORTION THEREOF LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHEAST CORNER OF THE ABOVE DESCRIBED TRACT; TIIENCE WESTERLY ALONG TIm SOUTHERLY LINE THEREOF, A DISTANCE OF 252.73 TO THE BEGINNING OF SAID LINE; TIlENCE NORTH 00°38'00" EAST 164.52 FEET TO TIiE NORTHERLY LINE 1HEREOF AND THE TERMINUS OF SAID LINE. (ALSO KNOWN AS A PORTION OF PARCEL A, CITY OF RENTON LOT LINE ADRJSTMENT NUMBER LUA-04-129-LLA, RECORDED UNDER RECORDING NUMBER 20041202900025). 2. AMENDED AND RESTATED LEGAL DESCRIPTION. The legal description of the Property on Schedule A of the Deed of Trust is hereby amended and restated in its entirety to read as set forth on Exhibit B of this Agreement. In this amended and restated legal description, the Added Parcel appears as Parcel 7. 3. MISCELLANEOUS. 3.1' Title Endorsements. A spreading endorsement, in fonn satisfactory to Lender, shall be added to Lender's loan policy oftitJe insurance. 3.2 Costs and Expenses. Borrower shall pay to Lender (i) the costs incurred or to be incurred by Lender in obtaining the spreading endorsement; (ii) the costs incurred or to be incurred by Lender in connection with the recording and filing of the Spreading Agreement; and (iii) the attorneys fees and costs inCWTed by Lender in connection with the drafting and execution of this Agreement -3 - m30446-559374.2.doc 20041221001208.004 3.3 Entire Agreement. This Agreement shall be construed by and governed in accordance with the laws of the State of Washington. This Agreement and the other docwnents referred to herein and exhibits hereto constitute the entire understanding of the parties with respect to the subject matter hereof and replace aU prior or contemporaneous oral agreements and understandings. 3.4 Counterparts. This agreement may be executed in one or more identical cOlmterparts, each of which shaH be deemed an original and all of which shall be deemed one and the same agreement 3.5 Ratification. Except as specifically modified by this Agreement, the Note, Deed of Trust, Loan Agreement and other Loan Documents and the obligations of the Borrower thereunder, remain in full force and effect, without other modification. W ASBINGTON NOTICE: ORAL AGREEMENTS OR ORAL COMMITMENTS TO: (1) LOAN MONEY, (2) TO EXTEND CREDIT, (3) MODIFY OR AMEND ANY TERMS OF THE LOAN DOCUMENTS, (4) RELEASE ANY GUARANTOR, (5) FORBEAR FROM ENFORCING REPAYMENT OF THE LOAN OR THE EXERCISE OF ANY REMEDY UNDER THE LOAN DOCUMENTS, OR (6) MAKE ANY OTHER FINANCIAL ACCOMMODATION PERTAINING TO THE LOAN ARE ALL UNENFORCEABLE UNDER WASmNGTON LAW. IN WTINESS WHEREOF, the parties have duly executed this Agreement the day and year first above written. m30446-559374.2.doc LENDER: BANK OF AMERICA, N.A., a national banking association By: BORROWER: CONNER HOMES COMPANY, a Washington corporation BY.~~ -4- STATE OF WASHINGTON ) )ss. COUN1Y OF KING ) On this l..J:}Hay of December, 2004, before me personally appeared CHARLES F. CONNER, to me known to be the President of CONNER HOMES COMPANY, a Washington corporation, the corporation that executed . the within and foregoing instrument, and acknowledged said instrument to be the free and vohmtary act and deed of said corporation. for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the said instrument on behalf of the cotporation. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and year first above written. NOTARY PUBLIC in and for the State of W~. My commission expires: II r9. ()S - 5 - m30446-559374.2.doc 20041221001208.005 STATE OF WASHINGTON COUNTY OF KING ) )8S. ) On this l.O!!&y of December, 2004, before me personaUy appeared GARY A MOORE, to me known to be the Vice President of BANK OF AMERICA, N.A., a national banking association, the national banking association that executed the within and foregoing instrument, and aoknowledged said instrument to be the free and voluntary act and deed of said national banking association, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the said instrwnent on behalf of the national banking association. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and year first above written. m3 0446-559374.2. doc :RoEhN M. MEIt\" A~ (please print name legibly) NOTARY PUBLIC in and for the State of Washington, residing at \(., M ~ y,t u.~ X"\ - . My oonnmSSlon exprres: \",,0.0', -6- 20041221001208.006 20041221001208.007 EXHIBIT A (Legal Description of the Added Parcel) TIIE NORTH HALF OF TIlE SOUTH HALF OF THE NORTIIEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMEITE MERIDIAN, IN KING COUNTY, WASHINGTON; EXCEPT THE EAST 20 FEET; AND EXCEPT THE WEST20 FEET FOR ROADS; TOGETHER WITH THAT PORTION OF VACATED 140TH AVENUE S.E. WHICH WOULD ATIACH BY OPERATION OF LAW, AS PROVIDED IN KING COUNfY ORDINANCE NO. 13228, RECORDED UNDER RECORDING NUMBER 20020208002079. EXCEPT THAT PORTION THEREOF L YING EASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT TIm SOUTHEAST CORNER. OF THE ABOVE DESCRIBED TRACT; THENCE WESTERLY ALONG THE SOUTHERLY LINE THEREOF, A DISTANCE OF 252.73 TO THE BEGINNING OF SAID LINE; THENCE NORTI! 00038'00" EAST 164.52 FEET TO THE NORTHERLY LINE THEREOF AND THE TERMINUS OF SAID LINE. (ALSO KNOWN AS A PORTION OF PARCEL A, CITY OF RENTON LOT LINE ADJUSTMENT NUMBER LUA-04-129-LLA, RECORDED UNDER RECORDING NUMBER 20041202900025). -7- m30446-559374.2.doc 20041221001208.008 EXBlBITB (Amended and Restated Legal Description of tbe Property Encumbered by the Deed of Trust) PARCELl THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTIIWEST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN,lN KING COUNTY, WASHINGTON, EXCEPT THE EAST 20 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEED RECORDED UNDER RECORDING NUMBER 1799641. PARCEL 2 THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; EXCEPT TIlE NORTH 20 FEET; EXCEPT THE WEST 20 FEET; EXCEPT IN THE EAST 30 FEET. PARCEL3A THAT PORTION OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KlNG COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTH HALF; THENCE NORTH 88°19'28" WEST ALONG THE NORTH LINE OF SAID SOUTH HALF, 330.05 FEET TO THE WEST LINE OF THE EAST 330.00 FEET OF SAID SOUTH HALF AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 88°19'28' WEST ALONG SAID NORTH LINE, 319.43 FEET TO THE WEST LINE OF SAID soum HALF; THENCE SOUTH 00°44'31" WEST ALONG SAID WEST LINE, 330.03 FEET TO THE SOUTH LINE OF SAID SOUTH HALF; THENCE SOUTH 88°22'42" EAST ALONG SAID soum LINE, 630.09 FEET TO THE WEST RIGHT OF WAY MARGIN FOR DUVALL AYE. N.E. (138TH AVE. S.E.); THENCE NORTH 00°38'00" EAST ALONG SAID WEST MARGIN, 31.42 FEET TO THE SOUTH L1NE OF THE NORTH 297.97 FEET OF SAID SOUTH HALF; TIIENCE NORTH 88°19'28" WEST ALONG SAID SOUTH LINE, 240.04 FEET TO THE WEST LINE OF THE EAST 260.00 FEET OF SAID SOUTH HALF; -8 - m30446-559374.2.doc 20041221001208.009 THENCE SOUTH 00°38'00" WEST ALONG SAID WEST LINE, 1.65 FEET TO THE NORTH LINE OF THE SOUTH 30.00 FEET OF SAID SOUTH HALF; THENCE NORTH 88°22'42" WEST ALONG SAID NORTH LINE, 70.01 FEET TO TIffi WEST LINE OF SAID EAST 330.00 FEET OF SAID soum HALF; THENCE SOUTH ooo38'OO"WEST ALONG SAID WEST LINE, 9.00 FEET; THENCE NORTH 88~2'42" WEST 1.89 FEET TO A POINT OF TANGENCY WITH A 39.00 FOOT RADIUS CIRCULAR CURVE TO TIlE RIGHT; THENCE NORTIIWESTERL Y, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 31°59'09, AN ARC DISTANCE OF 21.17 FEETTOA POINT OFTANGBNCY; THENCE NORTII 56OZ3,33" WEST 89.90 FEET; TIIENCE NORTII 00°44 '31" EAST 172.09 FEET; THENCE soum 89°15'29" EAST 97.54 FEET TO THE WEST LINE OF SAID EAST 330.00 FEET OF SAID SOUTH HALF; TIffiNCE NORTH OOOJ8'OO" EAST ALONG SAID WEST LINE, 81.59 FEET TO THE TRUE POINT OF BEGlNNING. PARCEL3B-DELETED PARCEL 4 THE NORTH HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF TIlE NORTHWEST QUARTER~ EXCEPT THE EAST 190 FEET TIIEREOF; TOGETHER WITH THE NORTH 30 FEET OF THE EAST 190 FEET OF TIm NORTH HALF OF THE NORTH HALF OF TIffi SOUTIIWEST QUARTER OF mE SOUTHEAST QUARTER OF THE NOR1HWEST QUARTER; EXCEPT THE EAST 20 FEET THEREOF FOR ROAD; ALL IN SECTION 15 TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMEJTE MERIDIAN, IN KING COUNTY, WASHINGTON PARCEL SA LOTS 1, 3, AND 4, KING COUNTY SHORT PLAT NUMBER 179143, RECORDED UNDER RECORDING NUMBER 7910180905 BEING A PORTION OF THE SOUTH HALF OF THE SOUTIlWEST QUARTER OF THE NORTHEAST QUARTER OF mE NORWWEST QUARTER OF SECTION IS, TOWNSHIP 23 NORTII, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KlNG COUNTY, WASHINGTON, EXCEPT TIlE WEST 7.5 FEET THEREOF FOR ROAD; TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER lRACTS Y AND X OF SAID SHORT PLAT, EXCEPT THAT PORTION OF SAID EASEMENT LYING WITHIN SAID LOTS 1,3, AND 4. PARCELSB -9- m30446-559374.2.doc 20041221001208.010 LOT 2 OF KING COUNTY SHORT PLAT NUMBER 179143, AS RECORDED UNDER AUDITOR'S FILE NO. 7910180905 BEING A PORTION OF: TIIE SOUTH HALF OF THE SOUTIlWEST QUARTER OF TIlE NORTHEAST QUARTER OF THE NOR1HWEST QUARTER OF SECTION IS, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M .• IN KING COUNTY, WASHINGTON, EXCEPT THE WEST 7.5 FEET OF ROAD; TOGETHER WlTII AN EASEMENT FOR IN'GRESS, EGRESS AND UTILITIES OVER TRACTS Y AND X OF SAID SHORT PLAT; EXCEPT mAT PORTION OF SAID EASEMENT LYING WITIIIN SAID LOT 2. PARCEL 6 WTS 1,2 AND 3, KING COUNTY SHORT PLAT NUMBER 678160, RECORDED UNDER RECORDING NUMBER 7810171032, SAID SHORT PLAT BEING A SUBDIVISION OF A PORTION OF TI:IE EAST HALF OF THE NORTH HALF OF THE SOUTIIWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, INKING COUNTY, WASHINGTON. PARCEL 7 THE NORTH HALF OF THE soum HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTIIWEST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASIllNGTON; EXCEPT THE EAST 20 FEET; AND EXCEPT THE WEST 20 FEET FOR ROADS; TOGETHER WITH THAT PORTION OF VACATED 140111 AVENUE S.B. WHICH WOULD ATIACH BY OPERATION OF LAW, AS PROVIDED IN KING COUNTY ORDINANCE NO. 13228, RECORDED UNDER RECORDING NUMBER 20020208002079. EXCEPT THAT PORTION THEREOF LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHEAST CORNER OF mE ABOVE DESCRIBED TRACf; THENCE WESTERLY ALONG THE SOU'I'IffiRLY LINE THEREOF, A DISTANCE OF 252.73 TO THE BEGINNING OF SAID LINE; THENCE NORTH 00"38'00" EAST 164.52 FEET TO THE NORTHERLY LINE THEREOF AND THE TERMINUS OF SAID LINE. (ALSO KNOWN AS A PORTION OF PARCEL A, CITY OF RENTON LOT LINE ADJUSTMENT NUMBER LUA-04-129-LLA, RECORDED UNDER RECORDING NUMBER 20041202900025). -10- m30446-559374.2.doc 20041221001208.011 PARCELS THE SOUTH HALF OF TIlE SOUTH HALF OF THE NORTImAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSlllP 23 NORTH, RANGE 5 EAST, Wll..LAMEITE MERIDIAN, IN KING COUNTY, WASHINGTON; EXCEPT THE EAST 20 FEET LYING WITIIIN THE RIGHT OF WAY OF 140m AVENUE SOUTHEAST; AND EXCEPT TIlE WEST 20 FEET LYING WITHIN THE RIGHT OF WAY OF 138m AVENUE SOUTHEAST. PARCEL 9 THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTIIEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, EXCEPT THE WEST 15 FEET THEREOF AND THE EAST 20 FEET THEREOF FOR ROADS. TOGETHER WITH THAT PORTION OF VACATED 140TH AVENUE S.E. WHICH WOULD AITACH BY OPERATION OF LAW, AS PROVIDED IN KING COUNTY ORDINANCE NO. 13228, RECORDED UNDER RECORDING NUMBER 20020208002079. PARCEL 10 THE EAST 190 FEET OF THE NORTII HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF TIIE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECITON 15, TOWNSHIP 23 NORm, RANGE 5 EAST, WILLAMETrE MERIDIAN, IN KING COUNTY, WASHINGTON. EXCEPT THE NORTH 30 FEET THEREOF EXCEPT THE EAST 20 FEET THEREOF CONVEYED TO KlNG COUNTY FOR ROAD PURPOSES UNDER RECORDING NUMBER 1798214. -11- m30446-559374.2.doc .,i 20050628002403.001 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: \11111111111111\1 20050628002403 CMICAGQ TITLE7 !'\DT 25.10 :=~Il'~0~i ':~jll Bank of America, N.A. CREB -Home Builder WA3·504-04·01 10500 NE aU. Street, Suite 400 Bellevue, WA 98004 Attn: Tracey Elliott KING COUNn I W" [SPACE ABOVE UNE FOR RECORDERS use ONLy] Document TItle: Modification of Deed of Trust Grantor: Conner Homes Company, a Washington corporation Grantee: Bank of America, N.A. Legal Description: 1. Abbreviated: A portion of Parcel At C/Renton LLA #LUA'()~129.LlA, 20041202900025, P"f'71/.r IL ill' ~ If -.23 -S 2. Full legal Description: See Schedule A, attached. Assessor's Tax Parcel Nos.: "".04 • .071 9f 152305-9018, 9016, 9017, 9005 and 421960-0010 through 421960-0750 Reference Nos. of Documents Released or Assigned: 1. Deed of Trust 20041116001156 2. Spreading Agreement 20041221001208 Bank of America. ~ . ~ CHICAGO TITLE INS, 00 (2) REF# II yy...2 3 £, /0 MODIFICATION OF DEED OF TRUST This Modification of Deed of Trust is made to be effective as of March 4, 2005. by and among Bank of America, N.A. ("Lender"). and Conner Homes Company, a Washington corporation ("Borrower"). with respect to the following facts: A.. Borrower has requested Lender to consent to a junior encumbrance on real property and improvements securing payment and performance of loans from Lender to Borrower. B. As a condition of Lender's consent to the junior encum!;»rance, Borrower and Lender have agreed to modify the Deed of Trust, made by Grantor dated October 1, 2004, and recorded under King County recording No. 20041116001156, as modified by Spreading Agreement made December 17, 2004, and recorded under King County Recording No. 20041221001208 (the -Deed of Trust-). for the benefit of Lender and to promote Lender's continued finance of Borrower's home building bUSiness. and constituting a first lien encumbrance on the real property described ·in Exhibit A hereto. " MODIFICATION OF DEED OF TRUST Conner Homes Company Page 1 of7 20050628002403.002 NOW, THEREFORE, in consideration of mutual benefits· derived herfrom and othet good and valuable consideration, and to induce Lender to consent to the junior encumbrance, it is agreed: 1. Recitals. Each of the above recitals is true and correct and made a part of this Agreement. By this reference, the Deed of Trust Is Incorporated In to this Agreement as though fully set forth. Grantor reaffnns each and every' of the covenants and agreements of Grantor in the Deed of Trusl 2. Secured Obligations. Section 3 of the Deed of trust (·Secured Obligations") is modified to add thereto the follOWing .new subsection 3(e):. -(e) Payment of all indebtedness and obligations with interest thereon of Grantor to Beneficiary, now existing or hereafter arising in connection with the collateral pool credit facility by Beneficiary to Borrower as evidenced. by and according to the terms of a Third Amended and Restated Collateral Pool Note for Multiple Advances dated June 23, 2004 in the amount of FORTY MILLION AND NO/i00 DOLlARS ($40,000,000). payable to Beneficiary or order and made by Grantor, including all rEmewals. amendments. modifications. extensions, restatements and substitutions therefor (the ·Collateral Pool Facility Note").' References In this Deed of Trust to "Note-shaJl include the Collateral Pool Facility Note and references in this Deed of Trust to the -Loan Documents-shall include the Collateral Pool Agreement dated. June 23, 2004, as now or hereafter modified and amended. The Collateral Pool Facility· Note contains provisions aI/owing for changes in the interest rate. The Conateral Pool Facility Note evidences a revolving line· of credit and It is the express intent of Grantor and Beneficiary that this Deed of Trust and the estate held by the Trustee hereunder shall continue in effect as security for the Collateral Pool Facility Note notwithstanding that from time to time the unpaid balance of the Collateral Pool Facility Note may be reduced to a zero balance, and shalt survive as security for aU subsequent and additional advances under the Collateral Pool Facility Note from time to time arising: 3. RatificatiOn. In afl other respects the Deed of Trust remains In full force and effect. WASHINGTON NOTICE: ORAL AGREEMENTS, PROMISES OR COMMITMENTS TO: (1) LOAN MONEY, (2) EXTEND CREDIT, (3) MODIFY OR AMEND ANY TERMS OF THE LOAN DOCUMENTS, (4) RELEASE ANY GUARANTOR, (5) FORBEAR FROM ENFORCING REPAYMENT OF THE LOAN OR THE EXERCISE OF ANY REMEDY UNDER THE LOAN DOCUMENTS, OR {6} MAKE ANY OTHER FINANCIAL ACCOMMODATION PERTAINING TO THE LOAN ARE ALL UNENFORCEABLE UNDER WASHINGTON LAW. GRANTOR: CONNER HOMES COMPANY, :~n1~ Charles F. Conner, President LENDER: BANK OF AMERICA, N.A. MODIFICATION OF DeED OF TRUST Conner Homes Company Page 2 of7 STATE OF WASHINGTON COUNTYOFFin~ ) ) ) 20050628002403.003 ss. I certify that I know or have satisfactory evidence that Charles F. Conner is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledge it as the President of Conner Homes Company, a Washington corporation. to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument Dated:· (Jlk./2a 2005 . ... .--_.---_.-........ .- . NQft."y PUblic StOle of WoshInQtOn MARtA". LAClSTE My Appolntment·expl(~.~pJj. 2007 , .' . MODIFICATION OF DEED OF TRUST Conner Homes Company Notary Public In and form ts of Washington. residing at ~::..Li~~----::~~ My appointment expirestft'K" ?l) 11UJ- Page30f7 20050628002403.004 SCHEDULE A THIS SCHEDULE A is attached to and part of the MODIFICATION OF DEED OF TRUST dated March 4, 2005, by Conner Homes,Company, a Washington corporation, with respect to the Deed of Trust dated October 1, 2004, recorded under King County recording no. 2004111601156, as modified and amended, for the benefit of Bank of America, NA LEGAL DESCRIPTION; PARCEL 1 . THE NORTH HALF OF. THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE , MERIDIAN,IN KING COUNTY, WASHINGTON, . EXCEPT THE EAST 20 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEED RECORDED UNDER RECORDING NUMBER 1799641. PARCEL 2 THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; EXCEPT THE NORTH 20 FEET; EXCEPT THE WEST 20 FEET; EXCEPT IN THE EAST 30 FEET. PARCEL3A THAT PORTION OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, WllLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTH HALF; THENCE NORTH 88°19'28· WEST ALONG THE NORTH LINE OF SAID SOUTH HALF, 330.05 FEET TO THE WEST LINE OF THE EAST 330.00 FEET OF SAID SOUTH HALF AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 88°19'28' WEST AlONG SAID NORTH LINE, 319.43 FEET TO THE WEST LINE OF SAID SOUTH HAlF; THENCE SOUTH 00°44'31" WEST ALONG SAID WEST LINE, 330.03 FEET TO THE SOUTH LINE OF SAID SOUTH HALF; THENCE SOUTH 88°22'42" EAST ALONG SAID SOUTH LINE, 630.09 FEET TO THE WEST RIGHT OF WAY MARGIN FOR DUVALL AVE. N.E. (138TH AVE. S.E.); THENCE NORTH 00°38'00. EAST ALONG SAID WEST MARGIN, 31.42 FEET TO THE SOUTH LINE OF THE NORTH 297.97 FEET OF SAID SOUTH HALF; THENCE NORTH 88°19'28D WEST ALONG SAID SOUTH LINE, 240.04 FEET TO THE WEST LINE OF THE EAST 260.00 FEET OF SAID SOUTH HALF; THENCE SOUTH 00°38'00· WEST ALONG SAID WEST LINE. 1.65 FEET TO THE NORTH LINE OF THE SOUTH 30.00 FEET OF SAID SOUTH HAlF; THENCE NORTH 88°22'42" WEST ALONG SAID NORTH LINE. 70.01 FEET TO THE WEST LINE OF MODIFICATION OF DEED OF TRUST Conner Homes Company Page40f7 20050628002403.005 SAID EAST 330.00 FEET OF SAID SOUTH HALF; THENCE SOUTH 00°38'00· WEST ALONG SAID WEST LINE, 9.00 FEET; THENCE NORTH 88~2'42· WEST 1.89 FEET TO A POINT OF TANGENCY WITH A 39.00 FOOT RADIUS CIRCULAR CURVE TO THE RIGHT; THENCE NORTHWESTERl V, AlONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 31 °59'09. AN ARC DISTANCE OF 21.77 FEET TO A POINT OF TANGENCY; THENCE NORTH 56°23'33" WEST 89.90 FEET; THENCE NORTH 00°44'31· EAST 172.09 FEET; THENCE SOUTH 89°15'29. EAST 97.54 FEET TO THE WEST LINE OF SAID EAST 330.00 FEET OF SAID SOUTH HALF; THENCE NORTH 00°38'00" CAST ALONG SAID WEST LINE, 81.59 FEET TO THE TRUE POINT OF BEGINNING. PARCEL3B-DELETED PARCEL 4 THE NORTH HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER; EXCEPT THE EAST 190 FEET THEREOF; TOGETHER WITH THE NORTH 30 FEET OF THE EAST 190 FEET OF THE NORTH HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER Of THE NORTHWEST QUARTER; EXCEPT THE EAST 20 FEET THEREOF FOR ROAD; ALL IN SECTION 15 TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON PARCEL5A LOTS 1, 3, AND 4, KING COUNTY SHORT PLAT NUMBER 179143. RECORDED UNDER RECORDING NUMBER 7910180905 BEING A PORTION OF THE SOUTH HAlF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, EXCEPT THE WEST 7.5 FEET THEREOF FOR ROAD; TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER TRACTS Y AND X OF SAID SHORT PLAT, EXCEPT THAT PORTION OF SAID EASEMENT LYING WITHIN SAID LOTS 1. 3. AND 4. PARCEL5B LOT 2 OF KING COUNTY SHORT PLAT NUMBER 179143, AS RECORDED UNDER AUDITOR'S FIlE NO. 7910180905 BEING A PORTION OF: THE SOUTH HAlF OF THE SOUTHWEST QUARTER OF . THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON. EXCEPT THE WEST 7.5 FEET OF ROAD~ TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER TRACTS Y AND X OF SAID SHORT PLAT; EXCEPT THAT PORTION OF SAID EASEMENT LYING WITHIN SAID LOT 2. MODIFICATION OF DEED OF TRUST Conner Homes Company Page 50f7 20050628002403.005 SAID EAST 330.00 FEET OF SAID SOUTH HALF; THENCE SOUTH 00°38'00. WEST ALONG SAID WEST LINE, 9.00 FEET; THENCE NORTH 88~2'42· WEST 1.89 FEET TO A POINT OF TANGENCY WITH A 39.00 FOOT RADIUS CIRCULAR CURVE TO THE RIGHT; THENCE NORTHWESTERLY, AlONG SAID CURVE, THROUGH A CENTRAl ANGLE OF 31"59'09, AN ARC DISTANCE OF 21.77 FEET TO A POINT OF TANGENCY; THENCE NORTH 56°23'33" WEST 89.90 FEET; THENCE NORTH 00°44'31-EAST 172.09 FEET; THENCE SOUTH 89°15'29" EAST 97.54 FEET TO THE WEST LINE OF SAID EAST 330.00 FEET OF SAID SOUTH HALF; THENCE NORTH 00°38'00· EAST AlONG SAID WEST LINE, 81.59 FEET TO THE TRUE POINT OF BEGINNING. PARCEL3S-DELETED PARCEL 4 THE NORTH HALF OF THE NORTH HAlF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER; EXCEPT THE EAST 190 FEET THEREOF; TOGETHER WITH THE NORTH 30 FEET OF THE EAST 190 FEET OF THE NORTH HAlF OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER; EXCEPT THE EAST 20 FEET THEREOF FOR ROAD; ALL IN SECTION 15 TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN. IN KING COUNTY, WASHINGTON PARCEL5A LOTS 1, 3. AND 4, KING COUNTY SHORT PLAT NUMBER 179143, RECORDED UNDER RECORDING NUMBER 7910180905 BEING A PORTION OF THE SOUTH HAlF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH. RANGE 5 EAST. WILLAMETTE MERIDIAN. IN KING COUNTY, WASHINGTON, EXCEPT THE WEST 7.5 FEET THEREOF FOR ROAD; . TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER TRACTS Y AND X OF SAID SHORT PLAT, EXCEPT THAT PORTION OF SAID EASEMENT LYING WITHIN SAID LOTS 1, 3, AND 4. PARCEL5B LOT 2 OF KING COUNTY SHORT PLAT NUMBER 179143, AS RECORDED UNDER AUDITOR'S FILE NO. 7910180905 BEING A PORTION OF: THE SOUTH HAlF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 15. TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON. EXCEPT THE WEST 7.5 FEET OF ROAD; TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER TRACTS Y AND X OF SAID SHORT PLAT; EXCEPT THAT PORTION OF SAID EASEMENT LYING WITHIN SAID LOT 2. MODIFICATION OF DEED OF TRUST Conner Homes Company Page 5 of7 .' " 20050628002403.006 PARCEL 6 LOTS 1,2 AND 3, KING COUNTY SHORT PLAT NUMBER 678160, RECORDED UNDER RECORDING NUMBER 7810171032, SAID SHORT PLAT BEING A SUBDIVISION OF A PORTION OF THE EAST HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON. PARCEL 7 THE NORTH HALF OF THE SOUTH HALF OF THE-NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, WllLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; EXCEPT THE EAST 20 FEET; AND EXCEPT THE WEST 20 FEET FOR ROADS; TOGETHER WITH THAT PORTION OF VACATED 140TH AVENUE S.E. WHICH WOULD ATTACH BY OPERATION OF LAW, AS PROVIDED IN KING COUNTY ORDINANCE NO. 13228, RECORDED UNDER RECORDING NUMBER 20020208002079. EXCEPT THAT PORTION THEREOF lYING EASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHEAST CORNER OF THE ABOVE DESCRIBED TRACT; THENCE WESTERLY ALONG THE SOUTHERLY LINE THEREOF, A DISTANCE OF 252.73 TO THE BEGINNING OF SAID LINE; THENCE NORTH 00°38'00" EAST 164.52 FEET TO THE NORTHERLY LINE THEREOF AND THE TERMINUS OF SAID LINE. (ALSO KNOWN AS A PORTION OF PARCEL A, CITY OF RENTON LOT LINE ADJUSTMENT NUMBER lUA-Q4-129-LLA, RECORDED UNDER RECORDING NUMBER 20041202900025). PARCELS THE SOUTH HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILlAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; EXCEPT THE EAST 20 FEET LYING WITHIN THE RIGHT OF WAY OF 140TH AVENUE SOUTHEAST; AND EXCEPT THE WEST 20 FEET LYING WITHIN THE RIGHT OF WAY OF 138TH AVENUE SOUTHEAST. PARCEL 9 THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, EXCEPT THE WEST 15 FEET THEREOF AND THE EAST 20 FEET THEREOF FOR ROADS. TOGETHER WITH THAT PORTION OF VACATED 140TH AVENUE S.E. WHICH WOULD ATTACH BY OPERATION OF LAW, AS PROVIDED IN KING COUNTY ORDINANCE NO. 13228, RECORDED UNDER RECORDING NUMBER 20020208002079. MODIFICATION OF DEED OF TRUST Conner Homes Company Page 60t7 .. :. 20050628002403.007 PARCEL 10 THE EAST 190 FEET OF THE NORTH HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON. EXCEPT THE NORTH 30 FEET THEREOF EXCEPT THE EAST 20 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES UNDER RECORDING NUMBER 1798214. MODIFICATION OF DEED OF TRUST Conner Homes Company Page 7 of7 20050111002235.001 WBEN RECORDED RETURN TO: Preston Gates & Ellis LLP " ',_ 925 Fourth Avenue, Suite 2900 Seattle, WA 98104-1158 Attn: Mabry C. DeBuys 1111111111111111 20050111002235 PRESTON DT 7S." PAGElII OF 118 I1/11/Z185 14:58 KING COUNTY. Will DEED OF TRUST, ASSIGNMENT OF LEASES AND BENTS, SECURITY AGREEMENT, AND FIXTURE FILING Grantor: GranteeiBeneficiary: Grantee!frustee: Abbreviated Legal Description: Assessor's Property Tax Parcel Account Number: Reference Numbers of Documents Assigned or Released: Grantor's UBI#: CONNER HOMES COMPANY, a Washington corporation nLLSUZANNECONNER WASHINGTON ADMINISTRATIVE SERVICES, INC., a Washington corporatiOn PORS EH NWQ SECTION 15-23-5 152305-9015-05, 152305-90180-02, 152305-9194-08, 152305-9213-05, 152305-9214~, 152305-9215.05, 152305- 9038-08, 152305-9046-08, 152305-9211-07, 152305-9212-06, 152305-9079-08, 152305-9016-04, 152305-9017-03, and 152305-9005-07 N/A 20050111002235.002 DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT, AND FIXTURE FILING TIllS DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT, AND FIXTURE FILING ("Deed of Trust'') is made December'2l2, 2004, among CONNER HOMES COMPANY, a Washington corporation ("Grantor"), whose address fOT notice purposes is: 2193 NW Spring Fork Lane, Issaquah, Washington 98027. Attn: Charles F. Conner; WASHINGTON ADMINISTRATrvE SERVICES. INC. ("Trustee''), whose address for notice purposes is: 925 Fourth Avenue,Suite 2900, Seattle, WA 98104-1158~ and JUL SUZANNE CONNER ("Beneficiary") whose address for notice purposes is: 4728 -194th Avenue· SE, Issaquah, Washington 98027. WITNESSETH: Grantor hereby irrevocably grants, bargains, sells, conveys. transfers and assigns to Trustee, in trust, with power of sale and right of entry and possession, the following property and rights, whether now owned or held or hereafter acquired (collective]y, the "Property"), and Grantor further grants to Trustee and Beneficiary a security interest and assigns for security purposes all right, title and interest in and to the following Property: . (A) All Land, Interests in Land, Improvements, Fixtures, Leases and Rents. as defined hereafter (coUectively, the "'Real Property"). (1) All present and future estate, right, title and interest in and to that certain real property more particularly described in Exhibit A attached hereto and made a part hereof, and all additional land, estates and rights hereafter acquired by Grantor for use in cormection with such real property (the "Land"). (2) All apptn1enances, easements, rights-of-way, strips and gores of land, streets, ways, alleys, passages, sewer rights, water, water courses, water rights, oil, gas and mineral rights, air rights and development rights, zoning rights, tax credits or benefits and all estates, rights, titles, interest, privileges, liberties, tenements, hereditaments and appurtenances of any nature whatsoever in any way belonging, relating or pertaining to the Land or any part thereof; the reversions, remainders and all land lying in the bed of any street, road or avenue, opened or proposed, adjoining the Land to the center line thereof; and all estates, rights, titles, interests, possession, claim and demand whatsoever, both in law and in equity, of Grantor in, of and to the Land (collectively, the "Interests in Land"). (3) All buildings, structures and improvements of every kind and description now or hereafter affixed to, erected or placed on the Land (collectively, the ''Improvements''). (4) All fixtures (excluding movable trade fixtures owned by tenants leasing space in the Improvements), machinery, boilers, elevators, escalators, equipment (including, without limitation, all equipment for the generation or distribution of air, water, heat, electricity, light, telephone, fuel or refrigeration or for the purpose of ventilation, air conditioning, sanitary or drainage purposes, or removal of dust, refuse or garbage), conduits, wiring, plumbing, fire sprinklers, safety 1 20050111002235.003 systems and equipment, alanns, control devices, security systems, intercoms, partitions, appliances. cabinets, awnings, window coverings, screens, carpeting. floor coverings, incinerators, pools, fountains, spas and saunas (coUectively, the "Fixtures"). (S) All leases, subleases, rental agreements (includfug, without limitation, all guarantees thereof) and other agreements providing for the use, enjoyment or occupancy of any part of the Real Property now or hereafter entered into, together with any extension or renewal of the same (collectively, the "Leases"). (6) All income, rents, issues, profits, revenues and proceeds including. but not limited to, all oil and gas or other mineral royalties and bonuses from the Real Property (including any payments received pursuant to 11 U.S.C. § S02(b) or otherwise in connection with the commencement or continuance of any bankruptcy, reorganization, arrangement, insolvency, dissolution, receivership or similar proceedings or any assignment for the benefit of creditors in respect of any tenant or occupant of any portion of the Real Property and all claims as a creditor in connection with any of the foregoing), and all proceeds from the sale, cancellation, surrender or other disposition of the Leases (collectively, the "'Rents"). (B) All Property that is not Real Property, as described hereafter (collectively, the ''Personal Property"). (1) AU personal property of every kind now or at any time hereafter located on or appurtenant to the Real Property or used in connection with the use, enjoyment, occupancy or operation of the Real Property and in which Grantor has an interest.· (2) All deposits or other security or advanced payments, including, without limitation, rental paytnents and unearned premiums made by or on behalf of the owner of the Property with respect to (i) utility service for any part of the Property; (ii) insurance policies relating to the Property or any improvements thereon; (iii) cleaning, maintenance, repair or similar services for the Property; (iv) rental of equipment used in the operation of the Property; and (v) parking services for the Property. (3) All damages, proceeds and claims arising on account of any damage to or taking of the Property or any part thereof and all causes of action and recoveries for any loss or diminution in the value of the Property, including the proceeds of any fusurance policy covering the Property (whether or not such insurance is required by the terms hereof) and the proceeds of any condemnation action or transfer in lieu or anticipation of condemnation. (4) All goodwill, trademarks, trade names, all names by which the Property is operated or kno'\\n, option rights, purchase contracts, goods, consumer goods, documents, books and records, rights of action, general intangibles, accounts, payments intangible, deposit accounts, fmancial assets, investment property, contract rights, letter of credit rights, instruments, chattel paper, electronic chattel paper and other rights of Grantor for payment of money, for property sold or Jent, for services rendered, for money lent or for advances or deposits made and any other intangible property of Grantorrelated to the Property. 2 K:\50S13\OOOOl\SBO\S80j'20W7~ 20050111002235.004 (5) All water stock relating to the Real Property, shares of stock or other evidence or-ownership of any part of the Real Property that is owned by Grantor in common with others, and all documents of membership in any owners' or members' association or similar group having responsibility for managing or operating any part of the Property or common areas appurtenant to the Real Property. (6) All plans and specifications prepared for construction of the Improvements; all related surveys, maps, plats, studies, data and drawings related; together with all contracts and agreements relating to such plans, specifications, studies, data or drawings or to the construction, maintenance or repair of Property. (7) All licenses (including, but not limited to, any liquor licenses, operating licenses or similar matters), contracts, management agreements, franchise agreements~ permits, authorizations, approvals and certificates required or used in connection with the construction, ownership, operation, repair or maintenance of the Property. (8) All substitutions, accessions, additions and rep1acements to any of the foregoing and all proceeds and products of any of the foregoing Property. These definitions are descriptive only and are not intended to characteri:re property. All of the Real Property and the Personal Property is referred to herein collectiveJy as the "Property." The parties intend that the definition of Property is to be broadly construed and in the case of doubt as to whether a particular item is included in the definition of Property, the doubt should be resolved in favor of inclusion. The filing of this financing statement shall not be construed to derogate from or impair the lien or provisions of the deed of trust from Grantor to Beneficiary encumbering the Real Property with respect to any property described therein which is real property or which the parties have agreed to treat as real property. FOR TIlE PURPOSE OF SECURING payment and performance under that certain Promissory Note (the "Note") dated as of December~ 2004, in the original principal amount of $4,900,000, executed by Charles F. Conner ("Conner") and payable to Beneficiary, together with interest thereon, and all other indebtedness and obligations as set forth therein (col1ectively, the "Indebtedness"). This Deed of Trust, the Note and any other instnDnent given to evidence or further secure the payment and perfonnance of any obligation Secured hereby may hereafter be referred to as the "Loan Documents." ARTICLE I COVENANfS AND AGREEMENTS OF GRANTOR Grantor hereby covenants and agrees: 1.1 Maintenance. The Property shall be maintained in good condition at all times. Grantor shall promptly make all necessary repairs, replacements, and renewals so that the value of the Property shall be maintained. Grantor shall not connnit or permit any waste on the Property. Grantor shall comply with all laws, ordinanc~ regulations, and private restrictions affecting the Property. 3 20050111002235.005 1.2 Insurance. (a) Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a replacement basis for the full insurable value of all improvements situated on the Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Beneficiary, together with such other hazard and liability insurance as Beneficiary may reasonably require. Upon Beneficiary's request, Grantor shall deliver polices or certificates of insurance satisfactory to Beneficiary. Each policy shall include an. endorsement providing that coverage in favor of Beneficiary will not be impaired in any way by any act or omission or default of Grantor or any other person or entity. (b) In the event of loss following an Event of Default, Grantor shall immediately notify Beneficiary, who may make proof of loss if it is not made promptly by Grantor. Proceeds shall be paid directly to Beneficiary who may compromise with any insurance company and make a final settlement which shall be binding upon Grantor. Beneficiary may, at its electiOl4 apply the proceeds to the reduction of the indebtedness secured hereby or to the restoration or repair of the Property. (c) During the period in which the Property is subject to a Senior Lien (defined below), compliance with the insurance provisions of the document evidencing such Senior Lien or Senior Liens shall constitute compliance with tenDs of this Section 1.2. 1.3 Indemnification. If Beneficiary is made a party defendant to any litigation concerning this Deed of Trust or the Property or any part thereof or interest therein, or the occupancy thereof by Grantor, then Grantor shall indemnify, defend, and hold Beneficiary harmless from all liability, loss, cost, or damage, by reason of said litigation, including reasonable attorney fees and expenses incurred by Beneficiary in any such litigation, whether or not any such litigation is prosecuted to judgment . . 1.4 Waiver of Offset. All sums payable by Grantor hereunder shall be paid without notice, demand, counterclaim, setort deduction, or defense and without abatement, suspension, defezment, diminution, or reduction; and the obligations and liabilities of Grantor hereunder shaH in no way be released, discharged, or otherwise affected (except as expressly provided herein) by reason of (a) any damage to or destruction of or any condenmation or similar taking of the Property or any part thereof; (b) any restriction or prevention. of or interference with any use of the Property or any part thereof; (c) any title defect or encumbrance or any eviction from the Property or the Improvements or any part thereof by title paramount or otherwise; (d) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation, or other like proceeding relating to Beneficiary. or any action taken with respect to this Deed of Trust by any trustee or receiver of Beneficiary, or by any court, in any such proceeding; (e) any claim which Grantor has or might have against Beneficiary; (f) any default or failme on the part of Beneficiary to perfonn or comply with any of the tenns hereof or of any other agreement with Grantor; or (g) any other occurrence whatsoever, whether similar or dissimilar to the foregoing and whether or not Grantor shall have notice or knowledge of any of the foregoing. Except as expressly provided herein, Grantor waives all rights now or hereafter conferred by statute or otherwise to any abatement, suspension, defennent, diminution, or reduction of any sum secured hereby and payable by Grantor. 4 1<:\505131OOOO11S60ISoo.J'2OW1 YI!I2 2005011.1002235.006 1.5 Taxes and Liens. Grantor shall pay before they become delinquent all taxes and assessments levied against or on account of the Property and shall pay as due all claims for work done on or for services rendered or material furnished to the Property. Special assessments shall be paid currently, without deferral, unless the lien for deferred assessments is subordinate to the interest of Beneficiary under this Deed of Trust, or Beneficiary gives its prior written consent to the deferral. Grantor shall maintain the Property free of any liens or other encumbrances having priority over or equal to the interest of Beneficiary under this Deed of Trust except for "Senior Liens" as defined in Section 1.8, the lien of taxes and assessments not delinquent, and except as hereinafter otherwise provided. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation to pay, so long as Beneficiary's interest in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment, Grantor shall within 15 days after the lien arises or, if a lien is filed, within 15 days after Grantor has notice of the filing. secure the discharge of the lien or deposit with Beneficiary cash or a sufficient corporate surety bond or other security satisfactory to Beneficiary in an amount sufficient to discharge the lien plus any costs, attorney fees, or other charges that could accrue as a result of a foreclosure or sale under the lien. The assessor or tax collector of the county in which the Property is located is authorized to deliver to Beneficiary a written statement of the property taxes assessed or owing at any time. 1.6 Expenditures by Beneficiary. If Grantor shall fail to comply with any provision of this Deed of Trust, Beneficiary may, at its option and in its sole discretion. on Grantor's behalf take the required action and any amount that it expends in so doing shall be added to the Indebtedness seemed hereby. The rights provided for in this section shan be in addition to any other rights or any remedies to which Beneficiary may be entitled on account of the default, and Beneficiary shan not by taking the required action cure the default so as to bar it from any remedy that it otherwise would have had. 1.7 Utilities. Grantor shall payor cause to be paid When due all utility charges which are incWTed by Grantor for the benefit of the Property or which may become a charge or lien against the Property for gas, electricity, water or sewer services furnished to the Property and all other assessments or charges of a similar nature, whether public or private, affecting the Property or any portion thereof, whether ornot such assessments or charges are liens thereon. 1.8 Warranty; Defense of Title. Grantor warrants that Grantor holds merchantable title to the Property in fee simple, free of all monetary liens other than the such liens to which Beneficiary expressly agrees to subordinate its lien hereunder as set forth in Exhibit B. and as otherwise arising in the future in connection with loans from institutional lenders (each a "Senior Lien"). Grantor warrants and will forever defend the title against the claims, other than Senior Liens, of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of Beneficiary under this Deed of Trust, Grantor shall defend the action at Grantor's expense. Grantor shall pay any sums and do any other acts necessary to prevent a default or prevent any action or condition which with the lapse of time, the giving of notice, or any other action of a creditor, would be a default or enable any creditor to declare a default or foreclose any Senior Lien. 1.9 Condemnation. If all or any part of the Property is condemned following an Event of Default, the net proceeds of the award shall be paid directly to Beneficiary and be applied On the indebtedness secured hereby. The net proceeds of the award shall mean the award after payment of all reasonable costs, expenses, and attorney fees necessarily paid or incurred by Grantor and 5 20050111002235.007 Beneficiary in cmmection with the condemnation. If any proceeding in condenmation is filed, Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor hereby assigns to Beneficiary the net proceeds of any condemnation award. 1.10 No Waiver. By accepting payment of any obligation herein mentioned after its due date, Beneficiary does not waive its right either to require prompt payment when due of all other obligations herein mentioned or to declare default for failure so to pay. 1.11 Repayment of Advaoces. Upon receipt of notice, Grantor shall repay immediately all sums advanced hereunder by or on behalf of Beneficiary or Trustee, and the repayment thereof shall be secured hereby. Failure to repay such expenditure or advance within 10 days of such notice will, at Beneficiary's option, constitute an event of default hereunder; or Beneficiary may, at its option, connnence an action against Grantor for the recovery of such expenditure or advance and interest thereon (as provided for under the Note), and in such event Grantor agrees to pay, in addition to the amount of such expenditure or advance, all costs and expenses incurred in such actio~ together with a reasonable attorney's fee at trial and on appeal. 1.12 Use of Property. The Property is not used principally for agricultural purposes. ARTlCLEll SECURITY AGREEMENT; FIXTURE Fll.JNG 2.1 Creation of Security Interest. This Deed of Trust creates a lien on the Property, and to the extent the Property is not real property l.D1der applicable law this Deed of Trust constitutes a security agreement Wlder the Washington Uniform Commercial Code and any other applicable law. Grantor, by executing and delivering this Deed of Trust, grants to Beneficiary and Trustee a security interest and assigns, all right, title and interest for security purposes to Beneficiary and Trustee, in and to the Personal Property. Grantor authorizes Beneficiary to file financing statements covering all Personal Property or Fixtures. If required by Beneficiary, at any time during the term of this Deed of Trust, Grantor will authorize, execute and deliver to Beneficiary, in fann satisfactory to Beneficiary, additional security agreements, financing statements and other instruments covering all Personal Property or Fixtures of Grantor that may at any time be furnished, placed on, or annexed or made appurtenant to the Real Property or used, useful or held for use in the operation of the Improvements. 2.2 Fixture FiliDg. This Deed of Trust constitutes a financing statement filed as a fixture filing in the real property records of King County, Washington, with respect to any and al1 fixtures included within the term "Property" as used herein and with respect to any goods or other personal property that may now or hereafter become such fIXtures. ARTICLEID ASSIGNMENT OF RENTS 3.1 Assignment of Rents. Grantor hereby absolutely and Wlconditionally assigns and transfers to Beneficiary all the Rents of the Property, whether now due, past due or to become due, and hereby gives to and confers upon Beneficiary the right, power and authority to collect the Rents. Grantor irrevocably appoints Beneficiary its true and lawful attorney at the option of Beneficiary at any time, either by itself, through an agent or a receiver, to demand, receive and enforce payment, to 6 K:ISOS131OO001\SSOlSBO_A20W7 Vila 20050111002235.008 give receipts, releases and satisfactions, and to sue, either in the name of Grantor or in the name of Beneficiary,for all the Rents. It is agreed that neither the foregoing assignment of Rents to Beneficiary, nor the exercise by Beneficiary of any of its rights or remedies under this section or under Section 3.2, nor the appointment of a receiver or possession of the Property by a receiver shall make Beneficiary a "mortgagee-in-possession" or otherwise responsible or liable in any manner with respect to the Property or the use, occupancy or enjoyment or operation of all or any portion thereof, unless and until Beneficiary in person assumes actual possession thereof. Nothing herein shall require Beneficiary to have a receiver appointed to collect any Rents, but Beneficiary shall be entitled to such appointment at its option in accordance with this Deed of Trust. This assignment of Rents is intended to be specific, perfected and choate·upon recording as.provided in RCW § 7.28.230. 3.2 License to CoDed. Notwithstanding anYthing to the contrary herein, so long as no Event of Default exists, Grantor shall have a license to collect all Rents and to retain, use and enjoy the same. Grantor shall use all Rents for (a) payment of debt service on the Note and other amounts owed to Beneficiary under the Loan Documents as and when due, and (b) for payment of alJ expenses of constructing, operating, leasing, repairing and maintaining the Property in first class condition (including maintaining adequate reserves for future expenses), in accordance with superior property management practices, all before using Rents for any other purposes. Upon any occurrence of an Event of Default hereunder such license shall be automatically revoked and all rights shall revert to Beneficiary who then shall have the right to exercise all of its rights as absolute owner of the Leases and Rents. Grantor agrees that payments made by tenants or occupants to Beneficiary shall, as to such tenants, be considered as though made to Grantor and in discharge of tenants' obligations to Grantor to the extent of such payments. Nothing herein contained shall be construed as obliging Beneficiary to perfQnn any of Grantor's covenants under any lease or rental agreement. Grantor shan execute and deliver to Beneficiary, upon demand, any further or supplemental assignments deemed desirable by Beneficiary in order to further cany out and confirm the intentions of this section and upon failure of the Grantor so to compJy, Beneficiary shall have the right to, in addition to any other rights or remedies, at its option, declare all obligations secured by this Deed of Trust to be immediately due and payable. ARTICLE IV REMEDIES UPON DEFAULT 4.1 Events of Default. Any of the following events shan be deemed an event of default hereunder: (a) Default shall be made in the payment of any sum secured hereby when due and any applicable grace period shall have expired; or (b) There has occurred a breach of or default under any tenD, covenant, agreement, condition, provision, representation, or warranty contained in any of the Loan Documents or any part thereof, not referred to in this Section 4.1 subject to any applicable cure period specified in the Loan Documents. 4.2 Rights and Remedies on Default. Upon the occurrence of any event of default and at any time thereafter, Beneficiary may exercise anyone or more of the following rights and remedies: 7 K:\50513100001ISBO\SBO_A20W7 veI2 20050111002235.009 (a) The right at its option by notice to Grantor to declare the entire indebtedness secured hereby immediately due and payable. (b) With respect to al1 or any part of the Property, the right to foreclose by judicial foreclosure in accordance with applicable law. (c) The right to have Trustee se11 the Property in accordance with the Deed of Trust Act of Washington at public auction to the highest bidder. The power of saJe conferred by this Deed of Trust and the law is not an exclusive remedy and when not exercised, Beneficiary may foreclose this Deed of Trust as a mortgage. . - (d) Any other right or remedy provided in this Deed of Trust, the Note, any other Loan Documents, or under law. 4.3 Attorneys' Fees. In the event suit, action, or arbitration proceeding is instituted to enforce any of the ternl$ of this Deed of Trust Beneficiary shall be entitled to recover from Grantor such sum as the court or arbitrator may adjudge reasonable as attorney ·fees at trial. on any appeal, and in any banlauptcy proceeding. All reasonable expenses inclllTed by Beneficiary that are necessary at any time in Beneficiary's opinion for the protection of its interest or the enforcement of its rights, including without limitation, the cost of searching records, obtaining title reports, surveyors' reports, demanding· payment, attorneys' opinions, or title insurance, whether or not any court action is involved; shall become a part of the indebtedness secured hereby, payable on demand. ARTICLE V SUBORDINATION AND TRANSFER 5.1 Subordination to Senior Liens. Beneficiary's lien under this Deed of Trust shall be subordinate to those Senior Liens more specifically described on Exhibit B, and as otherwise arising in the future in connection with loans from institutional lenders. S.2 Future Subordination of Beneficiary's Lien. Subject to satisfaction of -the conditions set forth in Section 5.3, upon Grantor's request, Beneficiary shall subordinate Beneficiary's lien in the Property to commercial bank financing incurred for the purpose of developing the Property by executing a subordination agreement containing tenns and conditions consistent with this Deed of Trust. Any financing to which the lien of this Deed of Trust is subordinated shall be deemed a Senior Lien. 5.3 Conditions Precedent to Subordination of Beneficiaries Lien. Beneficiary shall not be required to subordinate its lien under this Deed of Trust with respect to any Phase unless all of the foHowing conditions precedent are satisfied: (a) of request; No event of default shall exist under any of the Loan Documents at the time (b) Grantor shall have delivered to Beneficiary a written request for subordination that includes the principal amount of the proposed senior financing; 8 20050111002235.010 (c) Grantor shall have reasonably detennined that sufficient equity shall remain in the Property following such financing, together with the value of other collateral securing the repayment of the Note, to adequately secure Conner's obligation to pay the Note; and (d) Grantor shall pay Beneficiary's costs and expenses (including reasonable attorneys' fees) incurred in connection with such subordination. 5.4 Dispute Resolution. If any dispute or disagreement arises concerning the tenns and conditions of the proposed subordination, the dispute shall be referred to binding arbitration to be conducted by The Honorable Larry Jordan (Retired Judge, King County Superior Court). as expeditiously as pOSSIble. The attorneys fees and costs associated with the arbitration shall be allocated between Beneficiary and Grantor by the arbitrator. The determination of the arbitrator shall be binding and conclusive upon the Grantor and Beneficiary. ' 5.5 Other Transfer. By the acceptance of this Deed of Trust, Beneficiary agrees it will, upon request of the Grantor, if no Event of Default exists, join the Grantor in requesting the Trustee to partially reconvey portions of the Property sold by Grantor from time to time. Grantor shall, at such time as the equity value of the remaining portions of the Property encumbered by this Deed of Trust, together with equity value of the other collateral pledged to secure the repayment of the Note do not adequatelY secure the obligations of Conner to pay the Note, provide to Beneficiary security in other real property owned by Grantor (the "Substitute Collateral',) The Substitute Collateral must be reasonably acceptable to both Grantor and Beneficiary, and the equity value of the Substitute Collateral must be in an amount, which, when combined with the other colIateral securing repayment of the Note, is sufficient to adequately secure Conner's obligations under the Note . .As used in this Section 5.5, "equity value" means the fair market value of the real property collateral taking into account the outstanding balance owed on any Senior Liens. The fonn and content of any deed of trust granted by Grantor encumbering the Substitute Collateral shan be identica1 to this Deed of Trust, which such modifications as may be necessary to accommodate the specific identity of the Substitute Collateral. If, as a result of payments made reducing the outstanding balance of the Note, other collateral pledged to secure the repayment of the Note adequately secures, Conner's remaining obligations under the Note, then Beneficiary will consent to the reconveyance of the Property from the lien of this Deed of Trust ARTICLE VI MISCELLANEOUS 6.1 Governing Law. This Deed of Trust shall be governed by and construed. in accordance with the laws of the State of Washington exclusive of its conflict of laws provisions. In the event that any provision or clause of any of the Loan Documents conflicts with applicable laws, such conflicts shall not affect other provisions of such Loan Documents which can be given effect without the conflicting provision, and to this end the provisions of the Loan Documents are declared to be severable. 6.2 Modification. This instnnnent cannot be waived, changed, discharged or terminated oral1y, but only by an instrument in writing signed by the Grantor and Beneficiary. 9 20050111002235.011 6.3 Notices. Whenever Beneficiary, Grantor or Trustee shall desire to give or serve any notice, demand, request or other connnunication with respect to the this· Deed of Trust, each such notice, demand, request or other communication shall be in writing and shaH be effective only if the same is delivered by personal service or mailed by registered or certified mail, postage prepaid, return receipt requested, addressed to the address set forth in the preamble to this Deed of Trust Any communication which is mailed as provided above shall be deemed delivered two (2) days after mailing. Any party may at any time change its address for such notices by delivering or mailing to the other parties hereto, as aforesaid, a notice of such change. 6.4 . Captions.. The captions or headings· at the beginning of each section hereof are for the convenience of the parties and are not a part of this Deed of Trust 6.S Invalidity of Certain Provisions. If the lien of this Deed of Trust is invalid or unenforceable as to any part of the debt, or if the lien is invalid or unenforceable as to any part of the Property. the unsecured or partially unsecured portion of the debt shaU be completely paid prior to the payment of the remaining and secured or partially secured portion of the debt, and all payments made on the debt, whether voluntary or under foreclosure or other enforcement action or procedure, shall be considered to have been first paid on and applied to the full payment of that portion of the debt which is not secured or fully secured by the lien of this Deed of Trust. Further, the invalidity or unenforceability of any portion or provision of this Deed of Trust shall in no way affect the validity or enforceability of the remainder hereof. 6.6 Waivers. The following are unconditionally waived by the Grantor: (a) Any right to the enforcement, assertion, exercise or non-exercise by Beneficiary of any right, power or remedy conferred in the Note, or any other agreement whatsoever, except that this waiver does not extend to notices of default under the Note or any assignment, sale or negotiation of the Note to the Grantor;- (b) Any notice of the amount of the indebtedness under the Note now existing or that may hereafter exist; ( c) Any right to require Beneficiary to exhaust any collateral described in the Loan Documents; and Cd) Any defense based on an election of remedies by Beneficiary. [Remainder of Page Intentionally Left Blank] 10 20050111002235.012 6.7 Oral Ag..-eemeDts. ORAL AGREEMENTS OR COMMITMENTS TO LOAN MONEY, EXTEND CREDIT, OR FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW • .IN WITNESS WHEREOF, Grantor has executed this Deed of Trust as of the day and year first above written. GRANTOR: CONNER HOMES COMPANY, a WashingtOn coqxoation ~ By:ckfu ~ Charles F. Cormer, President STATE OF WASHINGTON COUNTY OF KlNG ) )S5. ) I certify that I know or have satisfactory evidence that Charles F. Conner is the person who appeared before me, and said person aCknowledged that he signed this instrument, on oath stated that he/she was autbc.ized to execute the instrument and acknowledged it as the President of CONNER HOMES COMPANY, a Washington corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrwnent .----------::Da~ted: ~/o/._3D h---,O!f ~,~... . ............ 'lA.Joit.···'.,. ~ -~ c.."" ........ i1I.n IJ N Pooh ,: .::i"'.·~~S\ON €~'.':'. ',1. ~ C U IJJ ~ ~ t:::.. : •• ,~ "~" ~ Pont Name _~6a~--L:~:....:;.-.'...:\J~~~~::.J ______ _ i /~ ~Ol MIl' ~\ ~ My commission expires ul 6 g ~ .0 _._ : ~ '-~ r.· ~ ~ ~ ~. PU8\..\'v :0: ~tP· ~. :: II, :;. •••• 7 .(')~ •• ' .: t,(~· .. l:.1~.;:,~\'./ "It, Oft w,,~ .,- \\\\\\\""" ..... (Usc this space lOr notarial $tamplseal) 11 20050111002235.013 EXHIBITA Legal Description of the Property: 20050111002235.013 EXHIBITA Legal Description of the Property: K:\50513100001\S801SBO_A20W7 CHICAGO TITLE INSURANCE COMPANY A.L.T.A. COMMITMENT SCHEDULE A (Continued) Order No.: ll5371S 20050111002235.014 Your No.: CQIIHU lIOJIBS '1"0 = COHliTBlt PARCEL 1: LEGAL DESCRIPTION EXHIBIT (Paragraph 4 of Schedule A continuation) THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SqOTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAM~ MERIDIAN, IN KING COUNTY, WASHINGTON; EXCEPT THE EAST 2.0 .FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEED RECORDED UNDER RECORDING NOMBER1799641. PARCEL 2: THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION l.5, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; EXCEPT THE NORTH 20 FEET; EXCEPT THE WEST 20 FEET; . EXCEPT THE EAST 20 FEET. PARCEL 3A: THAT PORTION OF THE SOOTH HALF OF THE· NORTHWEST QUARTER OF. THE SOUTHEAST QUARTER OF THE NOR:iimEST~~QUAA'i'ER-OF SECTION 15 , TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETrEi---MERlo IAN ,IN KI~m· COUNTY , WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID· SOUTH HALF; THENCE NORTH 88°19'28~ WEST ALONG THE NORTH LINE OF SAID SOOTH HALF, 330.05 FEET-TO THE WEST LINE OF THE EAST 330.00 FEET 9F SAID SOUTH HALF AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 88°19'28" WEST ALONG SAID NORTH LINE, 319.43 FEET·TO THE WEST LINE OF SAID SOOTH HALF; 'l'HENCE SOUTH 00°44'31" WEST ALONG SAID WEST LINE, 330.03 FEET TO THE SOUTH LINE OF SAID SOUTH HALF; THENCE SOU'TI? 880 22' 42"· EAST AL9NG SAID SOUTH LINE, 630.09 PEET TO THE WEST RIGHT OF WAY MARGIN FOR DUVALL AVE. N.E. (138TH AVE. S.E.l; THENCE NORTH 00°38' 0-0" EAST ALONG SAID WEST MARGIN,. 31.42 FEET TO THE SOUTH LINE OF THE NORTH 297.97 FEET. OF SAID SOUTH HALF; THENCE NORTH 88°19'28" WEST ALONG SAID SOUTH LINE, 240.04 FEET TO THE WEST LINE OF THE EAST 260 _ 00 FEET OF SAID SOUTH HALF; THENCE SOUTH 00°38'00" WEST ALONG SAID WEST LINE, 1.65 FEET TO THE NORTH LINE OF THE SOUTH 30.00 FEET OF SAID SOUTH HALF; ,THENCE NORTH 88°22'42/1 WEST ALONG SAID NORTH LINE, 70.01 FEET TO THE WEST , . . :' .. ; ..... ~ CHICAGO TITLE INSURANCE COMPANY A.L.T.A. COMMITMENT SCHEDULE A (Conthiued) Order No~: 1153715 20050111002235.015 Your No.: 00_ HOHD TO Jl:LL COIllNBlt LEGAL DESCRIPTION EXHIBIT (Paragraph 4 of Schedule A continuation) LINE OF SAID EAST 330.00 FEET OF SAID SOUTHHALFi THENCE SOOTH 00°38'00" WEST ALONG SAID WEST· LINE, 9.00 FEET; THENCE NORTH 88°22'42" WEST 1.89PEET TO A POINT OF TANGENCY WITH A 39.00 FOOT RADIUS CIRCULAR CURVE TOTHB RIGHT; THENCE NORTHWESTERLY,' ALONG SAID CURVE,. THROUGH A CENTRAL ANGLE OF OF 31°59' 09 11 , AN ARC DISTANCE OF 21.77: FEET TO A POINT OF TANGENCY; , THENCE NORTH 56"23'3'3" WEST 89.90 FEETj. THENCE NORTH 00°44'31" EAST 172.09 FEET; THENCE SOUTH 89"15'29D EAST 97.54 FEET'TO THE·WEST LINE OF SAID EAST 330.00 FEET OF SAID SOUTH HALF; THENCE NORTH 00°38'00" BAST ALONG SAID WEST LINE, 81.59 FEET TO THE TRUE POINT.OF BEGINNING. PARCEL'3B: INTENTIONALLY O~ITED PARCEL 4: THE NORTH HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QOARTER; EXCEPT THE EAST 190 FEET THEREOF; . ~ '. -.' , TOGETHER WITH THB 'NO~TH 30 FEET OF THE EAST 190 FEET OF THE NORTH HALF OF THE NORTH HALF OF.THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF ·THE NORTHWEST QUARTER; EXCEPT THE EAST 20 FEET THEREOF FOR ROAD; ALL IN'SECTION 15 TOWNSHIP 23 NORTH; RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON. PARCEL SA: LOTS I, 3, AND 4, KING COUNTY SHORT PLAT NUMBER 179143, RECORDED ONDER . RECORDING NUMBER 7910180905 BEING A PORTION OF THE SOUTH HALF OF THE SOUTHWEST QOARTER OF THE NORTHEAST QqARTER OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5' EAST, WILLAMBTTE MERIDIAN, IN KING COUNTY, WASHINGTON, EXCBPT THE WEST 7.5 FEBT THEREOF FOR ROAD; TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND UTILITIBS OVER TRACTS Y AND X OF SAID SHORT PLAT; EXCEPT THA~ PORTION OF SAID EASEMENT LYING WITHIN SAID LOTS 1, 3, AND 4. CHICAGO TITLE INSURANCE COMPANY A.L.T.A. COMMITMENT SCHEDULE A , (Continued) Order No.: 1153715 20050111002235.016 Your No.: co .... KOIII'S 'l'O J7LL COIIIUBll PARCEL 5B: LEGAL DESCRlPl'ION EXHIBIT (paragraph 4 of Sch<,dule A continuation) LOT 2 OF KING COUNTY SHORT PLAT NUMBER 179143, AS RECORDED UNDERAODITOR'S FILE NO. 7910180905 BEING A PORTION OF: THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST. J W.M., IN KING COUNTY, WASHINGTON, EXCEPT THE WEST 7.5 FEET OF ROAD; TOGETHER WITH AN EASEMENT FOR INGRESS ,EGRESS AND UTILITIES OVER TRACTS Y AND X OF SAID SHORT'· PLAT;' EXCEPT THAT PORTION OF SAID EASEMENT LYING WITHIN SAID LOT 2. PARCEL 6: LOTS 1, 2, AND 3, KING COUNTY" SHORT PLAT NUMBER 678160, RECORDED ONDER RBCORDING NUMBER 7810171032, SAID SHORT PLAT BEING A SUBDIVISION OF A PORTION OF THE EAST HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTBR OF THE NORTHEAST QUARTER OF THE NOR';l'HWESTQUARTBR OF "SECTION IS', TOWNSHIP 23 NORTH, RANGB 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON. PARCEL 7: ::,-~~~'~~Ai~~~:~::{/~~:\ .~ . .'. ',. THE NORTH HALF OP""iHi{'sc)tJT'H ·~F -OF THE NORTHEAST QUARTER OF ~B SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION IS, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN", IN KING COUNTY, WASHINGTON; &XCEPT THE BAST 20 fEET; AND ,EXCEPT THE WEST 20 FEET FOR ROADS; TOGETHER WITH THAT PORTION OF VACATED 140THAVENUE S.B. WHICH WOULD ATTACH BY OPERATION OF LAW, AS PROVIDED IN KING COUNTY ORDINANCE NO. 13228. RECORDED UNDER RECORDING NUMBER 20020208002079. EXCEPT THAT PORTION THEREOF LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHEAST CORNER OF THE ABOVE DESCRIBED TRACT; ·THENCE WESTERLY ALONG THE,SOUTHERLY L~NE THEREOF, A DISTANCE OF 252.73 TO THE BEGINNING OF SAID LINE; THENCE NORTH 00°38'00. EAST 164.52 FEET TO THE NORTHERLY LINE THEREOF AND THE TERMINUS OF SAID LINE. (ALSO KNOWN AS A PORTION OF PARCEL A, CITY OF RENTON LOT LINE ADJUSTMENT NUMBER LUA·04-129-LLA, RECORDED UNDER RECORDING NUMBER 20041202900025) . CLTACMA6/RDA/tmtJ CHICAGO TITLE INSURANCE COMPANY AL.T.A. COMMITMENT SCHEDULE A (Continued) Order No.: ll53715 20050111002235.017 " Your No.: CQImU aoxas '1'0 Jxt.L <:omiJD. PARCEL 8: LEGAL DESCRIPTION EXHIBIT (paragraph 4 of Schedule A continuation) THE SOUTH HALF" OF THE SOUTH HALF OF" THE" NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION IS, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; EXCEPT THE EAST 20 FEET LYING WITHIN THE RIGHT OF WAY OF 140'I'H AVENUE SOurHEAST; AND " EXCEPT THE WEST 20 FEET LYING WITHIN "THE RIGHT OF WAY OF·138TH AVENUE SOUTHEAST. " TOGETHER WITH THAT PORTION OF VACATED l40TH AVBNuE S.E. WHICH WOULD ATTACH BY OPERATION OF LAW, AS PROVIDED IN KING COUNTY ORDINANCE NO. 13228, RECORDED UNDER RECORDING NUMBER 20020208002079. PARCEL 9:" THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THB NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH RANGE 5 BAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON. "EXCEPT THE WESTEf~:~~E8T THEREOF AND THE BAST 20 FEET THEREOF FOR ROADS.' "" . :. ',.t..... _'~,:.'::"-•• ,, ~'. . _,. , __ ., . ",.r, TOG8THER WITH THAT "PORTION OF VACATED" 140TH AVENUE S.E. WHICH WOULD ATTACH BY OPERATION OF LAW, AS PROVIDED IN KING COUNTY ORDINANCE NO. 13228, RECORDED ONDER RECORDING NUMBER"20020208002079. PARCEL 10:" THE EAST 190 FEET OF THE NORTH HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 1S, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, EXCEPT THE NORTH 30 FEET THEREOF EXCEPT THE EAST 20 FEET THEREOF CONVEYED TO KING COuNTy FOR ROAD PURPOSES ONDER RECORDING NUMBER 1798214. 20050111002235.01 a EXHIBITB Existing Senior Liens Lender: Lender's Address: Security Instrument Bank of America, N.A. 10500 N.E. 8111 Street, Suite 400 Deed of Trust recorded under Bellevue. Washington 98004 auditor's file no. 2004 t 116001156 Richard E. Stuth Deed of Trust recorded under auditor's file no. 20040220001248 K:\50513\OOOO1ISBOISBO _A20W7 After recording send to: Bank of America, N.A. KW Home Builder WA3-504-04.Q1 10500 NE 8th Street, Suite 400 Bellevue, WA 98004 Attn; Loan Administration III (reserved for recorder's use only} WASHINGTON STATE COUNTY AU DITOR'S/RECORDER'S INFORMATION (RCW 65.04) 20050628002404.001 INSTRUMENT TITLE: CONSENT TO SUBORDINATE FINANCING AND AGREEMENT OF SUBORDINATION GRANTOR: GRANTEE: JILL SUZANNE CONNER BANK OF AMERICA, N.A. LEGAL DESCRIPTION: See reference to related document recording number(s) below. See Exhibit A for full legal description. ASSESSOR'S PROPERTY TAX PARCEL ACCOUNT NUMBER(S): REFERENCE NUMBER OF RELATED DOCUMENTS: 1. Grantor Deed of Trust recording no. 20050111002235 2... Grantee Deed of Trust recording no. 20041116001156, as modified by agreement under reco~o 20041221001208, as modified by agreement underrecordlng no. 2~ 2 GJ ..,So, 28' 00 Zet" 3 Bank of America~ ~1T: ~lCAOO lftl.& IN~. oo@ . ~... ReF' ./L~).f.;/C CONSENT TO SUBORDINATE FINANCING AND AGREEMENT OF SUBORDINATION NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN THE SUBORDINATOR'S DEED OF TRUST ON THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE UEN OF A DIFFERENT OR LATER DEED OF TRUST. THIS CONSENT TO SUBORDINATE FINANCING AND AGREEMENT OF SUBORDINATION (U Agreement") is made to be effective as of June 8. 2005, by and between: "Lender" Bank of America, N.A., whose address is: NW Home Builder/Loan Administration SUBORDINATION AGREEMENT Page 1 of11 Conner HomeslJiH Connerllaurelhurst Project [06-06-05] "Subordinator" WA3-504-04-01 10500 NE 8th Street, Suite 400 Bellevue, WA 98004 Jill Suzanne Conner, whose address is: 4728 -194th Avenue SE Issaquah, WA 98027 20050628002404.002 "Owner" Conner Homes Company, a Washington corporation, whose address is: with respect to the following facts: 846108111 Avenue NE Bellevue, WA 98004 RECITALS: A. Owner is obligated to Lender for the payment and performance of certain loans and financial and business accommodations now existing or hereafter arising (the ·Secured Obligations·) described in that certain Deed of Trust, Security Agreement and Fixture Filing (the uFlrst Deed of Trust") dated October 1. 2004, as amended and modified, and encumbering the real property, personal property and fixtures described therein and all products and proceeds of such encumbered property (the "Laurelhurst Project" or "Project"). B. Owner is the owner of the Laurelhurst Project and all of the property both real and personal, tangible and intangible, described in and encumbered by the First Deed of Trust. c. The tenns of the Secured Obligations prohibit any lien or encumbrance on the Project other than the First Deed of Trust and Owner and Subordinator have requested that Lender permit the Project to be encumbered by a deed of trust (the "Subordinate Deed of Trust") to secure indebtedness of Charles F. Conner to Subordinator evidenced by a promissory note in the amount of $4,900,000. Lender has agreed to the encumbrance of the Subordinate Deed of Trust on the terms and conditions set forth in this Agreement. Z c;:J d 5ot, z 8-C) 0 2-L/ P Y . AGREEMENT: NOW, THEREFORE, in consideration of Lender's consent to the Subordinate Deed of Trust, to induce Lender to provide loans and other financial and business accommodations under the First Deed of Trust, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties represent, warrant and agree as foUows: 1. Recording Information. The First Deed of Trust was recorded in King County, Washington, on November 16, 2004, under King County Recording No. 20041116001156 (as modified by Spreading Agreement under King County Recording No. 20041221001208 and Modification of Deed of Trust under King County Recording No. ), and the Subordinate Deed of Trust was recorded in King County, Washington, on January 11, 2005, under King County Recording No. 20050111002235. It is contemplated that this Agreement will be executed prior to the recording of the Modification of Deed of Trust and Subordinator and Owner specifICally authorize lender to insert or cause to be inserted in this Section 1 the recording date and recording number for the Modification of Deed of Trust. The First Deed of Trust and the Subordinate Deed of Trust are incorporated into this Agreement as though fully set forth. SUBORDINATION AGREEMENT Page 20f11 Conner Homes/Jill Connerllaurelhurst Project 106-06-05] " 20050628002404.003 2. Consent to Subordinate Deed of Trust. Lender hereby consents to the Subordinate Deed of Trust, provided, that the maximum principal amount which may be, by its terms, secured by the Subordinate Deed of Trust shall not exceed $4,900,000. 3. Subordination. Subordinator, as holder of all of the beneficial interest in the Subordinate Deed of Trust, hereby unconditionally and irrevocably agrees that the Subordinate Deed of Trust and all indebtedness and obligations secured thereby, and any other estate, lien or interest which Subordinator may at any time now or hereafter have or acquire in any of the property, real and personal, described in the First Deed of Trust, is and shall at all times be and remain unconditionally subject, subordinate and inferior to the lien and security interest now or hereafter created by the First Deed of Trust and to all advances or charges made or accruing under the First Deed of Trust Without limitation, this agreement of subordination extends to and includes unconditional and Irrevocable subordination of the Subordinate Deed of Trust to (i) any extension, modification, amendment, renewal or replacement of the FlI'St Deed of Trust, (ii) all leases, rents, cash collateral, accounts, insurance and condemnation proceeds, inventory, eqUipment, general intangibles and other tangible and intangible property comprising or derived from the Project, (iii) all advances made in connection with the Secured Obligations, any advance made by lender to Owner as a debtor in possession under the U.S. Bankruptcy Code, advances to protect Lender's interest in the Project and advances made by Lender for taxes, insurance. improvements, or other advances made with respect to the Project, whether or not slSch advances are expressly authorized by the terms of the First Deed of Trust, and (iv) any interest or other sums which may accrue to Lender on the Secured Obligations following the filing of any petition in bankruptcy with respect to Owner. regardless of whether Owner is excused from paying such inte~est or other sums under the U.S. Bankruptcy Code. 4. . Payments to Subordinator. Prior to any default on the First Deed of Trust or any default by Owner on any loan or other obligation of Owner to Lender, Owner may make and Subordinator may receive payments on the obligations secured by the Subordinate Deed of Trust in the amounts and at the times due but not otherwise without Lender's prior written consent. After any default under the FlTSt Deed of Trust or under any loan or other obligation of Owner to lender, Owner shall not make and Subordinator, with actual knowledge of such default, shall not take any paYJTIents on such obligations and following such default of which Subordinator has actual knowledge any payment of such obligations by Owner to Subordinator shall be collected, enforced and received by Subordinator in trust for the benefit of Lender and promptly paid over to lender on account of the obrJgations secured by the First Deed of Trust Failure to remit shall be deemed equivalent to misappropriation while acting in a fiduciary capacity so as to constitute a non-dischargeable debt under the U.S. Bankruptcy Code. 5. Covenants of Subordinator.· Subordinator hereby covenants and agrees with lender that: a. Until such time as the Secured Obligations have been paid and performed in full, Subordinator waives, relinquishes and releases any and all rights of subrogation which Subordinator may have with respect to the First Deed of Trust, in any other security for payment of the Secured Obligations which Lender now has or hereafter acquires, or otherwise to participate in any claim, right or remedy of Lender against Owner. b. So long as the First Deed of Trust remains in effect, not to exercise with respect to the Project or any other Project related collateral described in the First Deed of Trust any of the rights or remedies available to Subordinator under the Subordinate Deed of Trust, the U.S. Bankruptcy Code, or any other federal, state or local laws including, without limitation. the right to the appointment of a receiver for the Project, the right to receive any rents, issues or profits from the Project and the right to foreclose against the Project the Subordinate Deed of Trust. c. lender shall not be bound to exhaust its recourse or take any action against Owner or any guarantor or any other person or entity or proceed against any other collateral or property prior to SUBORDINATION AGREEMENT Conner Homes/Jill Conner/Laurelhurst Project [06-0S·05] Page 3 of11 20050628002404.004 judicial or nonjudicial (trustee's sale) foreclosure of the First Deed of Trust. Lender may, without notice to or the consent of Subordinator, (i) enter into any extension, modification, amendment, renewal, replacement of the First Deed of Trust or any other document or agreement evidencing the Secured Obligations, (ii) release any or all parties liable for any Secured Obligation, and (iii) release all or any of the security for the Secured Obligations. Subordinator agrees from time to time to promptly execute and deliver to lender and/or the title insurance company issuing Lender's loan policy of title insurance for the First Deed of Trust al/ such documents and agreements as Lender or such title insurer may require to confirm the subordination of the Subordinate Deed of Trust d. . Subordinator waives (i) the benefit of suretyship claims and defenses generally, (ii) any right to require marshalling of assets or to require Lender to proceed against or exhaust any specific security for the Secured Obligations, and (iii) any defense to any exercise of Lender'S rights hereunder or under the First Deed of Trust or the other documents and agreements evidencing the Secured Obligations arising out of the loss or impairment of any right of subrogation to the First Deed of Trust or to such other document or agreement e. In the event of any sale or transfer of all or any part of the property comprising the Project and until payment in full of the Secured Obligations, Subordinator agrees, without receipt of payment or consideration, to cause the Subordinate Deed of Trust to be fully or partially reconveyed, as applicable. f. . In the event of a casualty to the Project or a condemnation or taking under a power of eminent domain of all or any portion of the Project. the buildings or improvements thereon, or a threat of such condemnation or taking, all payments and settlement of insurance claims and condemnation awards shall be paid to Lender to be used or applied as provided in the First Deed of Trust g. Subordinator represents to Lender that Subordinator (i) is adequately informed of the financial condition of Owner and of Owner's plans and resources for development and operation of the Project, (ii) has not relied upon any financial or other information about Owner or the Project furnished by Lender, if any, and (Iii) does not expect Lender to provide and waives any duty on the part of Lender to provide such information in the future including, without limitation, adverse information about the Owner or the Project, if any, which Lender may possess or acquire and which may not be available to Subordinator. h. Prior to the execution of this Agreement, Subordinator has had the opportunity to examine the terms of the First Deed of Trust and the other documents. instruments and agreements evidencing the Secured Obligations, all of which Subordinator consents to and approves. Subordinator acknowledges that Lender has no obligation to Subordinator to advance any funds under the First Deed of Trust or to see to the proper use and application of the funds so advanced. Subordinator understands that land development and construction loans can and do Involve substantial risks for junior lien holders and agrees that Lender is not a trustee or fiduciary for Subordinator and undertakes no duty, obligation responsibility or special relationship to Subordinator to see to proper use and application of the funds advanced or otherwise to protect and not act adversely to Subordinator's interests. Any application or use of the funds advanced for purposes other than those provided for in the First Deed of Trust and the other documents, instruments and agreements evidencing and securing the Secured Obligations shall not defeat. limit or impair this subordination rn whole or in part. 6. Cross Default. Any breach or default of Subordinator's duties and obligations under this Agreement or any claim or assertion by or on behalf of Subordinator that the Subordinate Deed of Trust is of equal or greater priority to the First Deed of Trust shall. at Lender's option, constitute an event of default under the First Deed of Trust and the other documents and agreements evidencing the Secured Obligations. Any breach or default of the duties and obligations secured by the Subordinate Deed of SUBORDINATION AGREEMENT Page 4 of11 Conner Homes/Jill Conner/laurelhurst Project [06-06..(15) 20050628002404.005 Trust shall, at Lender's option, constitute an event of default under the First Deed of Trust and the other documents and agreements evidencing the Secured Obligations. 7. Miscellaneous. (a) This Agreement shall be governed and construed in accordance with the laws of the State of Washington. Wherever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited by or invalid under such law, such provision shall be ineffective to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of this· Agreement (b) In any action or proceeding to construe or enforce this Agreement, the prevailing party shall recover its costs and reasonable attorneys' fees including those Incurred in any trial or arbitration . proceeding, in any bankruptcy, insolvency or receivership proceeding, and in any appeal therefrom. (e) This Agreement constitutes the entire understanding of the parties with respect to the subject matter hereof, replaces all prior and contemporaneous oral agreements and understanding, and may be modified only by a writing signed by all parties hereto. (d) This Agreement shall be binding on and shall inure to the benefit of the parties hereto and their respective successors, aSSigns and partiCipants. IN WITNESS WHEREOF. the parties have made this Agreement to be effective as of the day and year first set forth above. WASHINGTON NOTICE: ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. LENDER: BANK OF AMERICA, N.A. By: ~I--L -Ty C. Iseman, VP SUBORDINATOR: SUBORDINATION AGREEMENT Conner Homes/Jill ConnerA.aurelhursl Project 106-06-05] OWNER: CONNER HOMES COMPANY, a Washington corpo Iio~ By:~ ____ ~~~ ____ ~ __ __ Charles F. Conner, President Page 50f11 20050628002404.006 State of Washington ) ) ss County of King ) I certify that I know or have satisfactory evidence that JAY C. ISEMAN is the person who appeared before me, and said person acknowledged that he/she signed this instrument. on oath stated that he/she was authorized to execute the instrument and acknowledge it as the Vice President of Bank of America, N.A. to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. ' Dated: June@, 2005 Notary Public in and forth~e State f Washington, residing at --~~~f'h.-,--:c-:---::,,~ My appointment expires 14; ~ 06 J State of Washington ) )$8 County of King ) I certify that I know or have satisfactory evidence that CHARLES F. CONNER is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledge it as. the President of Conner Homes Company, a Washington corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: June n 2005 ------"" ~ . ,:-~'-{ DEC...:jh'\, Name Pnnt : .~ fCJ¢:.·S$\ONl:-·,:.~,? 'I, Notary Public irla~i ~ ... ~ ~... 'I. Washington, residing at ( ",~.s. I f~~OTAR"~'~ ~Myappointmentexpires' ~o , :0 -.0; ~ ~ ~ PUBUC:1 ,~ S;. ." ~ t. > • ••• 11_9_0':> •• •• " ~\\ .......... ~ \\\ OFw _;;:"' \", ..... ,'---- SUBORDINATION AGREEMENT Page 6 of 11 Conner Homes/Jill ConnerlLaurelhurstProject [06-06-05) 20050628002404.007 State of Washington ) ) 55 County of King ) I certify that I know or have satisfactory evidence that JILL SUZANNE CONNER is the person who appeared before me, and said person acknowledged that she signed this Instrument and acknowledged it to be her free and voluntary act for the uses and purposes mentioned In the instrument. Dated: June I!t. 2005 SUBORDINATION AGREEMENT Conner Homes/Jill Conner/Laurelhurst Project [06·06-05] Name Prin i:f: -..!...:...;;a:.='+-....J..oZ~:.L.U~L.-__ Notary Public in and for Washington. residing at ~~~h......---.---" My appointment expires =~U.!oI~:...L~~~ Page 70f11 20050628002404.008 EXHIBIT "A" This Exhibit "A" is attached to and made a part of that Consent to Subordinate Financing and Agreement of Subordination dated June 8, 2005, by and between Bank of America, N.A., as "Lender: Jill Suzanne Conner, as "Subordinator," and Conner Homes Company, a Washington corporation, as "OWner," and affecting the following described property located in King County, Washington: Legal DescrIption: PARCEL 1 THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, EXCEPT THE EAST 20 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEED RECORDED UNDER RECORDING NUMBER 1799641. PARCEL 2 THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; EXCEPT THE NORTH 20 FEET; EXCEPT TH E WEST 20 FEET; EXCEPT IN THE EAST 30 FEET. PARCEL3A THAT PORTION OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: .COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTH HALF; THENCE NORTH 88°19'28" WEST ALONG THE NORTH LINE OF SAID SOUTH HALF, 330.05 FEET TO THE WEST LINE OF THE EAST 330.00 FEET OF SAID SOUTH HALF AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 88°19'28' WEST ALONG SAID NORTH LINE, 319.43 FEET TO THE WEST LINE OF SAID SOUTH HALF; THENCE SOUTH 00·44'31" WEST ALONG SAID WEST LINE, 330.03 FEET TO THE SOUTH LINE OF SAID SOUTH HALF; . THENCE SOUTH 88°22'42" EAST ALONG SAID SOUTH L1NE,630.09 FEET TO THE WEST RIGHT OF WAY MARGIN FOR DUVALL AVE. N.E. (138TH AVE. S.E.); THENCE NORTH 00°38'00· EAST ALONG SAID WEST MARGIN, 31.42 FEET TO THE SOUTH LINE OF THE NORTH 297.97 FEET OF SAID SOUTH HALF; THENCE NORTH 88°19'28" WEST ALONG SAID SOUTH LINE, 240.04 FEET TO THE WEST LINE OF THE EAST 260.00 FEET OF SAID SOUTH HALF; THENCE SOUTH 00°38'00" WEST ALONG SAID WEST LINE, 1.65 FEET TO THE NORTH LINE OF THE SOUTH 30.00 FEET OF SAID SOUTH HALF; THENCE NORTH 88°22'42" WEST ALONG SAID NORTH LINE, 70.01 FEET TO THE WEST LINE OF SUBORDINATION AGREEMENT Page 80f11 Conner Homes/Jill Conner/Laurelhurst Project (06-06-05] 20050628002404.008 !8002404.009 EXHIBIT "A" This Exhibit "A" is attached to and made a part of that Consent to Subordinate Financing and Agreement of Subordination dated June 8, 2005, by and between Bank of America, N.A., as "Lender: Jill Suzanne Conner, as "Subordinator," and Conner Homes Company, a Washington corporation, as "OWner," and affecting the following described property located in King County, Washington: Legal Description; PARCEL 1 THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, WlLLAMElTE MERIDIAN, IN KING COUNTY, WASHINGTON, EXCEPT THE EAST 20 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEED RECORDED UNDER RECORDING NUMBER 1799641. PARCEL 2 THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; EXCEPT THE NORTH 20 FEET; EXCEPT THE WEST 20 FEET; EXCEPT IN THE EAST 30 FEET. PARCEL3A THAT PORTION OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST. WILlAMElTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: .cOMMENCING AT THE NORTHEAST CORNER OF SAID SOUTH HALF; THENCE NORTH 88°19'28" WEST ALONG THE NORTH LINE OF SAID SOUTH HALF, 330.05 FEET TO THE WEST LINE OF THE EAST 330.00 FEET OF SAID SOUTH HALF AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 88°19'28' WEST ALONG SAID NORTH LINE, 319.43 FEET TO THE WEST LINE OF SAID SOUTH HALF; THENCE SOUTH 00°44'31" WEST ALONG SAID WEST LINE, 330.03 FEET TO THE SOUTH LINE OF SAID SOUTH HALF; THENCE SOUTH 88°22'42" EAST ALONG SAID SOUTH LINE, 630.09 FEET TO THE WEST RIGHT OF WAY MARGIN FOR DUVALL AVE. N.E. (138TH AVE. S.E.); THENCE NORTH 00c38'OO" EAST ALONG SAID WEST MARGIN, 31.42 FEET TO THE SOUTH LINE OF THE NORTH 297.97 FEET OF SAID SOUTH HALF; THENCE NORTH 88c19'28" WEST ALONG SAID SOUTH LINE, 240.04 FEET TO THE WEST LINE OF THE EAST 260.00 FEET OF SAID SOUTH HALF; THENCE SOUTH Ooc38'OO" WEST ALONG SAID WEST LINE, 1.65 FEET TO THE NORTH LINE OF THE SOUTH 30.00 FEET OF SAID SOUTH HALF; THENCE NORTH 88C22'42" WEST ALONG SAID NORTH LINE, 70.01 FEET TO THE WEST LINE OF SUBORDINATION AGREEMENT Page 80f11 Conner Homes/Jill Conner/Laurelhurst Project (06-06-05] 20050628002404.009 SAID EAST 330.00 FEET OF SAID SOUTH HALF; THENCE SOUTH 00038'OOu WEST ALONG SAID WEST LINE, 9.00 FEET; THENCE NORTH 88"22'42" WEST 1.89 FEET TO A POINT OF TANGENCY WITH A 39.00 FOOT RADIUS CIRCULAR CURVE TO THE RIGHT; THENCE NORTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 31"59'09, AN ARC DISTANCE OF 21.77 FEET TO A POINT OF TANGENCY; THENCE NORTH 56°23'33" WEST 89.90 FEET; THENCE NORTH 00°44'31" EAST 172.09 FEET; THENCE SOUTH 89°15'29" EAST 97.54 FEET TO THE WEST LINE OF SAID EAST 330.00 FEET OF SAID SOUTH HALF; THENCE NORTH 00°38'00. EAST ALONG SAID WEST LINE, 81.59 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 38 -DELETED PARCEL 4 THE NORTH HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER; EXCEPT THE EAST 190 FEET THEREOF; TOGETHER WITH THE NORTH 30 FEET OF THE EAST 190 FEET OF THE NORTH HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER; EXCEPT THE EAST 20 FEET THEREOF FOR ROAD; ALL IN SECTION 15 TOWNSHIP 23 NORTH, RANGE 5" EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON PARCEL6A LOTS 1, 3, AND 4, KING COUNTY SHORT PLAT NUMBER 179143, RECORDED UNDER RECORDING NUMBER 7910180905 BEING A PORTION OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, WllLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, EXCEPT THE WEST 7.5 FEET THEREOF FOR ROAD; TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER TRACTS Y AND X OF SAID SHORT PLAT, EXCEPT THAT PORTION OF SAID EASEMENT lYING WITHIN SAID LOTS 1, 3,AND4. PARCEL5B LOT 2 OF KING COUNTY SHORT PLAT NUMBER 179143, AS RECORDED UNDER AUDITOR'S FILE NO. 7910180905 BEING A PORTION OF: THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, EXCEPT THE WEST 7.5 FEET OF ROAD; TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER TRACTS Y AND X OF SAID SHORT PLAT; EXCEPT THAT PORTION OF SAID EASEMENT LYING WITHIN SAID LOT 2. SUBORDINATION AGREEMENT Conner HomeslJIJI Conner/Laurelhurst Project [0fr06-051 Page 9 of11 20050628002404.010 PARCEL 6 LOTS 1,2 AND 3, KING COUNTY SHORT PLAT NUMBER 678160, RECORDED UNDER RECORDING NUMBER 7810171032', SAID SHORT PLAT BEJN~ A SUBDIVISION OF A PORTION OF THE EAST HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILlAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON. PARCEL 7 THE NORTH HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHJP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; EXCEPT THE EAST 20 FEET; AND. EXCEPT THE WEST 20 FEET FOR ROADS; TOGETHER WITH THAT PORTION OF VACATED 140TH AVENUE S.E. WHICH WOULD ATTACH BY OPERATION OF LAW, AS PROVIDED IN KING COUNTY ORDINANCE NO. 13228, RECORDED UNDER RECORDING NUMBER 20020208002079. EXCEPT THAT PORTION THEREOf LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHEAST CORNER OF THE ABOVE DESCRIBED TRACT; THENCE WESTERLY ALONG THE SOUTHERLY LINE THEREOF, A DISTANCE OF 252.73 TO THE BEGINNING OF SAID LINE; THENCE NORTH 00°38'00" EAST 164.52 FEET TO THE NORTHERLY LINE THEREOF AND THE TERMINUS OF SAID LINE. (ALSO KNOWN AS A PORTION OF PARCEL A, CITY OF RENTON LOT LINE ADJUSTMENT NUMBER LUA-04-129-LLA. RECORDED UNDER RECORDING NUMBER 20041202900025). PARCELS THE SOUTH HAlF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, WllLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; EXCEPT THE EAST 20 FEET lYING WITHIN THE RIGHT OF WAY OF 140TH AVENUE SOUTHEAST; AND . EXCEPT THE WEST 20 FEET LYING WITHIN THE RIGHT OF WAY OF 138TH AVENUE SOUTHEAST. PARCEL 9 THE NORTH HALF OF Tt:lE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, WllLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, EXCEPT THE WEST 15·FEET THEREOF AND THE EAST 20 FEET THEREOF FOR ROADS. TOGETHER WITH THAT PORTION OF VACATED 140TH AVENUE S.E. WHICH WOULD ATTACH BY OPERATION OF LAW, AS PROVIDED IN KING COUNTY ORDINANCE NO. 13228, RECORDED UNDER RECORDING NUMBER 20020208002079. SUBORDINATION AGREEMENT Conner Homes/Jill Connerllaurelhurst Project [06-06-05] Page 10 of11 20050628002404.011 PARCEL 10 THE EAST 190 FEET OF THE NORTH HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILlAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON. EXCEPT THE NORTH 30 FEET THEREOF EXCEPT THE EAST 20 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES UNDER RECORDING NUMBER 1798214. SUBORDINATION AGREEMENT Conner Homes/Jill Conner/Laurelhurst Project (06·()6..()5] Page 11 of 11 20050502002070.001 -_ .. __ ..•... __ . --_.--_.-- AFTER RECORDING RETURN TO: 1111111111111111 20050502002070 BANK OF AMERICA· HOME BUILDER DMSION WA3-604-04-01 10500 N.E. 8TH STREET. SUITE 400 BElLEWE. WA 98004 Attention: Loan Administration CHICAGO TITLE D1 47.00 PAGE881 OF 08S 05/82/28"5 14:34 KING COUNTY. lolA [space above line reserved for recorder's use) Document rrtle: 1. Deed of Trust 2. Security Agreement 3. FIXture Filing Grantor(s): Conner Homes Company, a Washington corporation Grantee: Bank of America, N.A. Legal Description: Abbreviated: Lots 1 .69, Vol 221 of Plats, Pg 69. Full Legal Description: See Schedule "A" attached CHICAGO TITLE INS. cOCj) REFI //~o/2o -/0 Assessor's Tax Parcel No(s): 152305.9015 •• 9024, .9038, .9046, ·9194, ·9211, .9212, ·9213, • 9214 and -9215. Reference Nos. of Documents Released or Assigned: Not Applicable NOTICE TO RECORDER: THIS DOCUMENT SERVES AS A FIXTURE FlUNG UNDER THE WASHINGTON UNIFORM COMMERCIAL CODE. This Financing Statement covers goods described herein by item or type some or all of which are affixed or are to be affIXed to the real property described in Schedule A to this document For purposes of this fixture filing the Debtor and the Secured Party and their respective addresses are: Debtor: Conner Homes Company 846 -108111 Avenue NE Suite 202 Bellevue, WA 98004 Secured Party: Bank of America, N.A. CREB • Home Builder Division WA3-504-04-01 10500 N.E. Sth Street, Suite 400 Bellevue, WA 98004 Debtor's Organizational Identification No.: 601 082 124 Bankof America. ..s:> ~ loan No. 203828-5125848 TiDe Co. & no.: Chicago TIUe Insurance Company #1160170 DEED OF TRUST. SECURITY AGREEMENT and FIXTURE RUNG (Washington) THIS DEED OF TRUST, SECURITY AGREEMENT AND FIXTURE RUNG ("Deed of Trust") is made as of Apn128, 2005. bl CONNER HOMES COMPANY, a Washington corporation ("Granto"), whose address is 846 -108 Avenvue NE, Suite 202, Bellevue, WA 98004; in trust 10 PRlAP, Inc .• a Washinglon corporation ("Trustee"), whose address is P.O. Box 515351, los Angeles, Califomia 90051· 6651, for the benefrt of BANK OF AMERICA, NA, ("Beneficiary'"). whose address is Home Builder Division. WA3·504-04-01, 10500 N.E. 8th Street, Suite 400, Bellevue, WA 98004, Attention: Loan Administration. FOR VALUABLE CONSIDERATION, Grantor covenants and agrees for the benefit of Beneficiary: t. CONVEYANCE • GRANT OF SECURITY INTEREST. As security for payment and performance of the Secured Obligations, Grantor irrevocably grants, bargains. sells and conveys to Trustee, in trust, with power of sale, and with right of entry and possession, for the benefit of Beneficiary, and assigns and grants to Beneficiary a security interest in, all of Grantor's right, titre and interest. now owned or hereafter acquired, in and to the following (the ·Property"): DEED OF TRUST -CREB Home Builder WA·OR·ID [202133 V.S Rev. 01·25-05] CONNER HOMES COMPANY Page 1 of 9 20050502002070.002 (a) The real property described in Schedule A atlached to this Deed of Trust, together with all buildings. structures and other improvements now or in the future located or to be constructed thereon, and all tenements, hereditaments, appurtenances, privileges and other rights and interests now or in the future benefiting or otherwise relating thereto including, without limitation, easements, licenses, rights-of- way, development rights, oil and gas rights, royalties, minerals and mineral rights, ilTigation, wel~ ditch, reservoir and waler rights, permits and stock, and the right to construct, use, connect to or have the benefit and enjoyment of any offsite improvement or utility (collectively, the ·Project"). (b) All rents, issues, income, revenues. royalties and profits now or in the Mure payable with respect to or otherwise derived from the Project or the ownership, use, management, operation, leasing or occupancy of the Project including, without limitation, those past due and unpaid; (c) All present and future right, title and inlerest of Grantor-in and to all inventory, equipment, materials. supplies, fixtures and other goods and property of every kind, type and description now or in the future located at, upon or about, or affixed or attached to or installed in the Project, or used or to be used in connection with or otherwise relating to the Project or the ownership. use. development, construction, maintenance, management, operation, marketing, leasing or occupancy of the Project wherever such property may be actually located Including. without limitation, building materials and supplies, tools and equipment, machinery, furnaces. water tanks, ventilating and air conditioning equipment. furniture, furnishings, appliances, and all other types oflangible personal property and fixtures of any kind or nature, and all accessories, additions. attachments. parts. replacements. substitutions, products and proceeds of or to any such property; (d) All present and future right. title and interest of Grantor In and to all accounts and proceeds (whether cash or non-cash and including payment intangibles), general intangibles. chattel paper. money, deposit accounts. loan disbursement accounts. accounts receivable, instruments. documents, Jetter of credit rights and all other agreements, contract rights. obligations, rights, claims, causes of aclion and written materials now or in the future relating to or otherwise arising in connection with or derived from the Project or the ownership, use, development. construction, maintenance, management, operation, marketing. leaSing, occupancy, sale or financing of the Project including. without limitation, (i) studies; reports, maps, diagrams, surveys. plats, design and consulting work, and land use permit applications, filings and supporting inforri1atlon, (ii) permits, approvals and other govemmentai and non-governmental consents, licenses and authorizations, (iii) improvement plans and specifications and architectural drawings. (iv) agreements with contractors. subcontractors. suppliers, projecl managers and supervisors, designers, architects, engineers, sales agents. leasing agents, consultants and property managers, (v) takeout, refinancing, standby and permanent loan commitments, (vi) WClrranties, guaranties, indemnities and insurance poliCies, insurance payments and uneamed insurance premiums. (vii) claims, demands, awards, settlements and other payments arising or resulting from or otherwise relating to any Insurance or any loss or destruction of, or injury or damage to, trespass on or taking, condemnation (or conveyance in lieu of condemnation) or public use of any of the projec~ (viii) Grantor's funds or any Other amounts deposited by or on behalf of Grantor with. Beneficiary or with another in connection with the making of on-site or off-site Project related improvements, fIX) leases. rental agreements, license agreements, service and maintenance agreements. listing agreements. signs. telecommunication numbers, purchase and sale agreements and purchase options. together with advance payments. earnest money, security deposits, and other amounts paid to or deposited with Grantor under such agreements, (x) reserves, deposits, bonds. surety bonds, payment and performance bonds, letters of credit, deferred payments, latecomer payments, refunds. rebates. dIscounts. cost savings, escrow proceeds, sale proceeds and all other rights to the payment of money, trade names, trademarks, service marks, logos, goodwill and all other type of intangible personal property of any kind or nature, and (xi) all supplements, modifications, amendments, renewals, restatements. extensions, proceeds, repairs, replacements and substitutions of such property; and (e) All books and records pertaining to the Property Including. without limitation, all computer readable memory and any computer hardware or software necessary to access and process such memory. Grantor represents and warrants to the Beneficiary that THE REAL PROPERTY CONVEYED BY THIS DEED OF TRUST IS NOT USED PRINCIPAllY FOR AGRICULTURAL PURPOSES. 2. SECURITY AGREEMENT; FIXTURE FlUNG. This Deed of Trust also constitutes (a) a common law assignment for security and a security agreement under the Washington Uniform Commercial Code assigning and granting to Beneficiary a security interest in all or any of the Property now or hereafter constituting personal property or fixtures, and in any personal property, tangible or iniangibfe, described in any UCC Rnancing Statement filed in connection with this Deed of Trust or the Secured Obligations, including products and proceeds thereof and all supporting obngations anciDary thereto, and (b) a financing statement flied for record in the real estate records as a fixture flUng pursuant to the Unifonn Commercial Code of the State of Washington and covering items of property which are or are to become fJXlures with respect to the Property. Grantor authorizes Beneficiary at any time and from time to time to file any initial financing statements, amendments thereto and continuation statements with DEED OF TRUST -CREB Home Builder WA-OR-ID [202733 v.6 Rev. 01-25-051 CONNER HOMES COMPANY Page 20f9 20050502002070.003 or without signature of Granlor as authorized b.y applicable law, as applicable to the Property. and ratifies any such filings by Beneficiary made prior to the date of this Deed of Trust For purposes of such filings, Grantor agrees to fumish any information requested b.y Beneficiary promptly upon request by Beneficiary. 3. SECURED OBLIGATIONS. are secured by this Deed of Trust: The following obligations (the "Secured Obligations") . (a) Payment of the sum of FORTY MillION AND NO/100 DOLLARS ($40.000,000.00) With interest thereon according to the terms of a promissory note dated June 23, 2004, payable to Beneficiary or order and made by Grantor, including aD renewals, amendments, modifications, restatements and extensions thereof (the "Note"). THE NOTE MAY CONTAIN PROVISIONS ALLOWING FOR THE INTEREST RATE TO BE INDEXED, ADJUSTED, RENEWED. OR RENEGOTIATED. BY THIS REFERENCE THE NOTE IS INCORPORATED IN AND MADE A PART OF THIS DEED OF TRUST AS THOUGH SET FORTH IN FULL. If the Note evidences a revolving line of credit by Beneficiary 10 Grantor. then It is the express intent of Grantor and Beneficiary that this Deed of Trust and the estate held by the Trustee hereunder shall continue in effect notwithstanding that from time to time no Secured Obligations may exist. and shaH survive as security for all new or additional Secured Obligations from tlme-fo.Ume arising; (b) Payment of such further sums as may now or hereafter be advanced or loaned by BenefICiary to Grantor or any of its successors and assigns, and payment and performance of every other present and future obligation owing by Grantor to Beneficiary of any kind, and all renewals, modifICations, restatements and extensions thereof. including any interest, fees, costs, service charges, indemnifications and expens~s connected .with such obligations, if (i) the promissory note or other written document evidencing the future advance or loan or other obligation specifically stales it is secured by this Deed of Trust. or (ii) the advance. loan or other obligation is made or incurred pursuant 10 the Note. this Deed of Trust or any other document. instrument or agreement evidencing, securing or relating to the loan evidenced by the Note (the "loan"), whether executed prior to, contemporaneously with. or subsequent to this Deed of Trust (aU such documents. including, without limitation, any loan commitments and any construction or other loan agreement. and all renewals. amendments. modifications. restatements or extensions thereof, are collectively referred to as the "Loan Documents"). together with interest thereon at the rate set forth in the Note, unless otherwise specified in the Loan Documents or agreed in writing; (c) Perfonnance of each agreement, term and condition contained in this Deed of Trust or set forth or incorporated by reference in the Loan Documents including, without limitation, any provisions relating to Loan funds set-aside for the benefit of third parties, as evidenced by a set-aside agreement between Grantor and Beneficiary; and (d) Payment and performance of the obligations of Grantor to . Beneficiary under anyone or more interest rate swap transactions, forward rate transactions, interest rate cap. floor or collar transactions, swapUons, bond and bond price swaps. options or forwards, treasury locks. any simUar transaction. any option to enter into any of the foregoing and any combination of the foregoing, with Beneficiary, whether now existing or hereafter entered into Including. without limitation qny master agreement relating to or governing any or all of the foregoing and any related schecrules and confirmations, and in which this Deed of Trust is expressly referenced as a credit support document (each. a ''Swap Contract"). As used in this Deed of Trust, the term "Loan Documents" includes each Swap Contract secured by this Deed of Trust The Secured Obligations shaU not include the obligations of Grantor (or any other person or entity) under any Environmental Indemnity Agreement at any time executed by Grantor (or any other person or entity) in connection with the loan. The right is reserved to the Beneficiary. without actual notice to or the consent of Grantor, to amend this Deed of Trust to delete from the securily of this Deed of Trust anyone or more of the Secured Obligations, provided, Ihat the original or a Beneficiary certified copy of such amendment is recorded in the County where the Project is located on or prior 10 the date the Trustee concludes a sale of the Property under applicable law_ 4. AFFIRMATIVE COVENANTS. Grantor shaH, unless waived in writing by Beneficiary: (a) Maintain and preserve the Property in good condition and repair, and not commit or pennit any waste thereof; with diligence obtain all required permits and approvals and construct and complete. in a good an workmanlike manner free of defective materials or workmanship and in accordance with the plan and Project budget approved by Beneficiary. the on-site and any off-site improvements to be constructed as part of Ihe Project; restore any improvements which may be damaged or destroyed; maintain the Property free and clear of all liens and encumbrances other than the encumbrance of this Deed of Trust, any lien specifically approved by Beneficiary in writing, and any lien for taxes or assessments not delinquent; not purchase or contract for any materials, equipment, furnishings, fIXtures or personal property that the seller has the right to remove; and defend any action or DEED OF TRUST -CREB Home B uiJder WA-OR-ID [202733 v.6 Rev_ 01-25-05] CONNER HOMES COMPANY Page 30f9 20050502002070.004 proceeding purporting to affect the security of this Deed of Trust or the rights and powers of Beneficiary or Trustee; (b} Compty with all laws, ordinances, regulations, covenanls, conditions and restrictions affecting the Property; (c) Pay and perform promptly all Secured Obligations; all taxes, assessments and governmenlalliens or charges levied against the Property; and all claims for labor, materials, supplies or otherwise which, if unpaid, might become a lien or charge upon the Property; (d) Keep all on-site and any off-site Project improvements and all Project related inventory, equipment, malerials and supplies continuously insured, with premiums prepaid, against aD risks, casualties and losses through standard tire and extended coverage insurance or otherwise, Including, without limitation, insurance against fire, theft, casuaHy, vandalism and any other risk Beneficiary may reasonably request. During construction on the Project, such policies shall be in "Builders Risk" form. The Insurance policies shall be in an aggregate amount of not less than the fun replacement cost of said improvements and other property, induding the cost of demolition and removal of debris, and shaR name Beneficiary as loss payee under a lender loss payable endorsement in form satisfactory to Beneficiary. The amounts collected under the Insurance policies may be applied to the Secured Obligations in any manner as BenefICiary determines, and such appfication shaH not cause discontinuance of any proceeding 10 foreclose upon this Deed of Trust. In the event of foreclosure, aD of Grantor's rights in the Insurance policies shaA pass 10 the purchaser at the foreclosure safe. Furthermore, Grantor shall (i) obtain flood insurance if the Project is located in a designated flood hazard area (as determined by Beneficiary, with such determination to be made at Grantor's expense); and (ii) maintain commercial general liabUity insurance insuring against 6abi/i1y from risks associated with the use, ownership, construction and operation of the Project, with coverage limits approved by BenefICiary. All Irlsurance policies required hereunder shalt be subject to Beneficiary's approval and obtained from financially reputable insurers acceptable to Beneficiary. All deductlbles shall be in amounts acceptable to Beneficiary; (e) Pay, reimburse and indemnify Beneficiary for all of Benefici3JY's costs and expenses incurred in connection with the enforcement of BenefICiary's rights and Grantor's obligations under this Deed of Trust, foreclosing upon this Deed of Trust. defending any action or proceeclOg purporting to affect the rights or duties of Beneficiary or Trustee under this Deed of Trust, or managing the Property and collecting the rents from the Property, including, without limitation, all reasonable attorneys' fees and the value of the services of staff counsel (including on appeal or otherwise), collection costs, costs of title search, and trustee's and receiver's fees; and {t} Nol permit or allow anyone to four family residential dwelling or condominium unit encumbered by Ihis Deed of Trust to be occupied prior to closing the sale of that dwelling/condominium unit 10 an owner occupant and payment to BenefiCiary of the amount required to obtain a reconveyance of this Deed of Trust with respect to that dweIIing!condominium unit. 5. INSPECnON OF COLLATERAl. Beneficiary and/or its agents or representatives may at reasonable times enter upon and inspect the Projecl including, without limitation, inspecting work in progress, and the maklng of tests and the taking of samples. If Beneficiary and/or its agents or representatives believes it has a duly or obHgatlon to disclose any report or findings made as a result of or in connection with any inspection of the Project, Ihen BenefICiary andlor its agents or representatives may make such disclosure~ In the event of a default Beneficiary may obtain a current regulatory conforming appraisal of the Project. In addition, Beneficiary may commission appraisals when required by laws and regulations, which govern Beneficiary's lending practices. The cost of all such appraisals (and re/ated internal review fees and costs) will be paid by Grantor within fifteen (15) days after request by BenefiCiary. 6. PROTECTION OF BENEFICIARY'S INTEREST. If Grantor taBs to pay any amounts which may become a lien on the Property, or fails to maintain adequate insurance on the Property as required by Section 4(d) above, Beneficiary may at its sole option pay such obligations andIor obtain such insurance and all costs and expenses so incurred by Beneficiary shall be added to the SeClKed Obligations and payable by Grantor on demand together with interest at the default rate in the Note. 7. DEFAULT. Time is the essence of Grantor's obligations under this Deed of Trust and the other loan Documents. The foUowing events shaH, at Beneficiary's option, and at any time without regard to any previous knowfedge on BenefICiary'S part. constitute a default under this Deed of Trust, and the other Loan Documents: (a) Construction of any on-sile or off-site Project improvements Is abandoned or discontinued for 15 consecutive days or more, or BenefICiary determines that the work ;s not being performed in accordance with the plans, specifications or project budget approved by BenefICiary, or a stop work order Is issued on all or any portion of the Projecl and the order is not dismissed within ten (10) days after the dale the order is issued; DEED OF TRUST -CREB Home Builder WA-OR-ID [202733 v.6 Rev. 01-25-05] CONNER HOMES COMPANY Page 4 of9 20050502002070.005 (b) Any payment is not made when due under the Nole, this Deed of Trust or any other Loan Document; (c) There Is a default under, a breach of, or faHure to perform any other covenant, agreement or obligation 10 be performed under this Deed of Trust or any other Loan Document or under any guaranty of all or any part of \he Secured Obligations; (d) Any representation or warranty contained in this Deed of Trust or any other Loan Document, or any financial or other information furnished to Beneficiary In connection with the loan, proves 10 be false or misleading in any material respect; (e) Grantor defaults under any contract or other agreement relating 10 the Property. and such default is not cured within the applicable cure period, if any; (f) (g) Contract; Granlor is in default with respect 10 any other loan from Beneficiary to Grantor; An event occurs Which gives BenefICiary the right or option to terminate any Swap (h) Grantor, or any guarantor of the Loan fails to pay his, her or its debts generally as they become due, or files a petition or action for relief under any bankruptcy, reorganization or insolvency laws or makes an assignment for the benefit of creditors; or . (i) An involuntary petition is filed against Grantor or any guarantor of the Loan under any bankruptcy, reorganization or other insolvency laws, or a custodian, receiver or trustee is appointed to take, possession, custody or control of the Property or any other properties or assets of Grantor or of any guarantor of the Loan, and such petition or appointment Is not set aside, withdrawn or dismissed within thirty (30) days from the date of filing or appointment. 8. REMEDIES. If any default occurs and is continuing, and subject to any applicable notice and cure period provided for in the Note or any other Loan Document, BenefICiary may, at its option: (a) Declare any or all of the Secured Obligations, together with all accrued interest, to be immediately due and payable without presentment, demand, protest or notice of any kind, all of which are expressly waived by Grantor; (b) Pay such sums as may be necessary to obtain a current appraisal of the Project, to inspect and lest the Project and/or other Property, to pay any tax, assessment, insurance premium, lien, encumbrance or other charge against the Property; to obtain a title report andlor Trustee's Sale Guaranty, ali such expenditures to be paid for by Grantor on demand and added to the Secured Obligations; and (c) Exercise its rights and remedies under this Deed of Trust, the other Loan DOcuments, and apprlC8ble law Including, without limitation, foreclosure of this Deed of Trust judicially as a mortgage or non-judicially pursuant to Ihe power of sale. In any Judicial or non-judiclal foreclosure of this Deed of Trust, the Property may be sold separately or as a whole at the option of Beneficiary, and in the event of a trustee's sale of the Property pursuant to the power of sale granted herein Beneficiary hereby assigns its security Interest in the personal property collateral to the Trustee. Beneficiary may also realize on the personal property collateral In accordance with the remedies ava~able to secured parties under the Uniform Commercial Code or at law. Grantor and the holder of any subordinate lien or security interest with actual or constructive notice hereof waive any equitable, staMory or other right to require marshalling of assets or to direct the order in which any of the Property will be sold. BenefICiary's failure to exercise or enforce any of its rights or remedies in the event of a default shall not constitute a waiver or cure of the defauH, or of any subsequent default, or of its rights and remedies with respect to such default. In the event of default under this Deed of Trust or the other loan Documents, and whether or not suit is filed or any proceedings are commenced, all of Beneficiary's costs and expenses incurred in connection therewith including, without Umitation, Trustee's and attorneys' fees (including attorneys' fees for any appeal, bankruptcy proceeding or any other proceeding), accountants' fees, appraisal and internal appraisal review fees, inspection fees (including inspections for hazardous substances, asbestos containing materials, and compliance with building and land use codes and regulations), engineering fees, and expert witness fees and costs of tille reports shall be added to and be a part of the Secured Obligations and shall be payable by Grantor on demand together with interest on such sums at Ihe default rate in Ihe Note. 9. ENTRY. Upon the occurrence of an event of default, and if Grantor has not cured the default within any applicable notice and cure period, then BenefICiary shall have the right but not the obligation. in person or through a third party designated by Beneficiary, or by a court.appointed receiver, to enter, take possession of, and manage or operate all or any part of the Project and the Property, and 10 perform or cause to be performed all work and labor necessary to complete construction of the Project. DEED OF TRUST. CREB Home Builder WA.QR-ID [202733 v.S Rev. 01-25-O5} CONNER HOMES COMPANY Page 50f9 20050502002070.006 All sums expended by Beneficiary In doing so shall be deemed to have been advanced under the Note and together with interest at the default rate under the Note shaU be secured by this Deed of Trust and any other collateral for the Loan. Any funds disbursed by Beneficiary in excess of the maximum principal amount of the Note will be considered an additional advance on the Loan to Grantor bearing interest at the default rate under the Note, and will be secured by this Deed of Trust and any other collateral for the Loan. Beneficiary, by ejecting to complete a Project will not be deemed to have assumed any liability to Grantor or any other person or entity for completing the Project or for the manner or quality of construction of the Project. and Granlor hereby expressly waives any such liability on behalf of BenefICiary. Grantor hereby designates, constitutes and appoints Beneficiary as its true and lawful attorney-in-fact with full power of substitution to complete the Project in. the name of Grantor and to (a) use any undisbursed Loan proceeds or funds of Grantor held by BenefICiary for the purpose of completing the Project; (b) make such additions, changes and aHerations to the Project, the plans and specifications for the Project, and to the Project budget as Beneficiary deems desirable; (c) employ contractors, subcontractors, architects, surveyors, engineers and other persons as may be required for such purposes; (d) to collect and receive any payment of money owing to Grantor and 10 pay. setlle or compromise all existing bills and claims which may be liens against the Project, any of the Property or as may be necessary or desirable for the completion of the Project or for clearance of tile; and (e) do any and all things which Grantor might do on its own behalf in order to complete the Project free and clear of all liens and encumbrances and in accordance with all governmental and other requirements applicable to the Project. The power of attorney granted pursuant to this paragraph shall be deemed a power coupled with an interest and irrevocable. Beneficiary. in the exercise of this power, shall not be deemed a trustee or fiduciary of Grantor and Beneficiary is authorized to take all such actions as Beneficiary in its sale determination may consider necessary or desirable to protect the security of this Deed of Trust. Grantor shall, within five (5) days following written demand from Beneficiary. surrender and deliver to Beneficiary the originals of all books and records, all plans and specificallons, aU permits, licenses and approvals, and all agreements with suppliers and contractors for the Project, and shall grant BenefICiary and it agents and contractors unrestricted possession of and access 10 and control over DIe Project. Grantor further agrees that any faRure on its part to do so shall enlide Beneficiary. without further notice to Grantor, to make ex-parte application to a court of general jurisdiction in the county where the Project is located for immediate issuance of an order. without bond, grantirig specific performance of Beneficiary's rights under this paragraph andlor for appointment of a receiver to take possession and control of the Property and the Project. Beneficiary's attorneys' fees, costs and expenses to obtain the court order. and any payment or reimbursement by Beneficiary of a receiver's costs, l'lXPenses and attorneys' fees (including on appeal or otherwise). shall be deemed an additional advance to Grantot-under the Note as provided above in this paragraph. All sums expended by Beneficiary shall be repayable by Grantor on demand together with interest at the default rate in the Note. 10. APPOINTMENT OF RECEIVER. In the event of a default, Grantor consents to. and Beneficiary. to the fullest extent permitted byapp/icable law, shall be entitled, without notice, bond or regard to the adequacy of the Property, to the appointment of a receiver for the Property. The receiver shall have, in add ilion to all the rights and powers customarily given to and exercised by a receiver, aU the rights and powers granted to Beneficiary by the Loan Documents. The receiver shall be entitled to receive a reasonable fee for management of the Property. If Grantor is an occupant of the Property, Beneficiary has the right to require Grantor to pay rent at fair market rates and the right to remove Gr;antor from Property if Grantor fails to pay rent 11. CUMULATIVE REMEDIES. To the fullest extent allowed by law, aU of Beneficiary's and Trustee's rights and remedies speclfied in this Deed of Trust or In any of the other Loan Documents are cumulative, not mutually exclusive and not in substitution for any rights or remedies available allaw or in equity. Without waiving its rights in the Property, Beneficiary may proceed against Grantor. any other party obligated to payor perform the Secured Obligations or against any other security or guaranty for the Secured Obligations, in such order or manner as Beneficiary may elect. Except where prohibited by applicable law. the commencement of proceedings to enforce a particular remedy shall not preclude the commencement of other proc~ings to enforce a different remedy. . 12. PARTIAL RECONVEYANCES. By the acceptance of this Deed ofTrus!. the Beneficiary agrees it wiD, upon request of the Grantor, if no default exists under this Deed of Trust or any of the other Loan Documents and no event has occurred which through the passage of time. the giving of notice or both, could constitute a default, join with the Grantor in requesting the Trustee to partially reconvey, at Grantor's expense, a portion(s) of the Property as specifically descnbed in the Loan Documents, if the following conditions are met (a) Full compliance with the partial release provision(s) of the Loan Documents including. without limitation, payment to BenefICiary of the full partial release payment and payment to the Trustee of the Trustee's reconveyance fee and recording charges; (b) Grantor delivers to Beneficiary evidence that the partial reconveyance will not have any adverse effect upon the priority poSition of the remaining security as evidenced by the title insurance held by the BenefICiary; DEED OF TRUST -CREB Home Builder WA-QR-ID [202733 v.S Rev. 01-25-05] CONNER HOMES COMPANY Page 60f9 20050502002070.007 (c) If applicable, tile remaining c:oJlalernJ must be platted in accordance with regulations of the local government authority, the plat must be properly recorded, and -Beneficiary must receive evidence satisfactory to Beneficiary of final plat approval from the government authority; (d) The reconveyance, in Beneficiary's opinion, will not resu'''in the loss by any other part of the Project of reasonable access to a public street or the use of any necessary easements or utility services; and (e) If the Project Is a condominium, no partial reconveyance will be made of any unit until sudl time as all units to be constructed with the loan are completed. The Property is part of a collateral pool securing a revolving loan rLoan"} to Grantor by Beneficiary evidenced by the Note and the other loan Documents. Payment and performance of the obligations to Beneficiary under the loan may be secured by multiple deeds of trust covering the Property an<l other properties constituting the collateral pool from lime to time. Grantor acknowledges and agrees the partial or full reconveyance of this Deed of Trust shall not in and of itself satisfy or extinguish the obligations secured by this Deed of Trust 13. EMINENT DOMAIN. If any portion of the Property is taken or damaged tIlrough erninent domain (or pursuant to a transfer in lieu thereof), tile amount of the award to which Grantor is entitled shall be paid to Beneficiary and applied to the Secured Obligations at Beneficiary's option. 14. TRANSFERS. Grantor shall not, without Beneficiary's prior written consent, directly or indirectly (i) transfer, assign or convey any interest in the Property, for securily purposes or otherwise, or (n) consent to, permit or allow the transfer of any Interest in Grantor. 15. SUCCESSORS AND ASSIGNS. This Deed of Trust Inures to the benefit of and is binding upon the respective heirs, administrators, successors and assigns of Grantor and Beneficiary. 16. SUCCESSOR TRUSTEE. In the event of Trustee's death, incapacity, disability, dissolution, resignation or refusal to act. Beneficiary may appoint a successor trustee and, upon the recording of such appointment in tile records of the county in which this Deed of Trust is recorded, the successor trustee shall be vested with all powers of tile original Trustee. 17. GOVERNING LAW. This Deed of Trust shall be construed and enforced under the laws of the State of Washington. In any action or proceeding 10 construe or enforce this Deed of Trust or any of the Loan Documenls, the prevailing party shall recover its costs and reasonable attorneys' fees including those incurred in any trial or arbilrallon proceeding, in any bankruptcy or receivership proceeding, and in any appeal tIlerefrom. DEED OF TRUST ·CREB Home BuilderWA"()R-ID [202733v.6 Rev. 01-25-051 CONNER HOMES COMPANY Page 7 of9 20050502002070.008 WASHINGTON NOTICE: ORAL AGREEMENTS, PROMISES OR COMMITMENTS TO: (1) LOAN MONEY, (2) EXTEND CREDIT, (3) MODIFY OR AMEND ANY TERMS OF THE LOAN DOCUMENTS, (4) RELEASE ANY GUARANTOR, (5) FORBEAR FROM ENFORCING REPAYMENT OF THE LOAN OR THE EXERCISE OF ANY REMEDY UNDER THE LOAN DOCUMENTS, OR (6) MAKE ANY OTHER FINANCIAL ACCOMMODATION PERTAINING TO THE LOAN ARE ALL UNENFORCEABLE UNDER WASHINGTON LAW. GRANTOR: CONNER HOMES COMPANY. AW~V7:::~ . BY:~ .~ Jts:f~ STATE OF WASHINGTON COUNTY OF KING ) ) ) J certify that J know or have satisfactory evidence that CWul-e 5 f. Ca'lt!1.k( is the person who appeared before me, and said person acknowledged that he signed this !Qstrument, on oath stated that he was authorized to execute the instrument and acknowledge it as the ~iJn(.!1: of CONNER HOMES COMPANY to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument Dateo: 4/?.qloS" ~" ...... _"~,, ~~ , ...... tA JOlt "I ".J, '?-I!..t-••• : •••••• ~n Iltt -_ .... J "_e.\ON ~":....... t i v..~":r' ~" ~ Name Printed: ~ ~ !~ ~01A/i}-~\ 1 Notary public In and for the~tate of i :0 _._ III: ~Washington.residing.at_.;.:K:!;I~r;;.F=-_____ _ ~ \ Pos\.\v j ;: jMY appointment expires _11..!l"lILI9:LI(J.cL:Ql§...... _____ _ \~"" ~'R~ ~, .. '1";:.!1.19-O'~··.0 ,; I ... ·O··~····· oJ.,.~ ... It" ~ w"'5 .... _~~ .,"', ... ,', ........ .. DEED OF TRUST -CREB Home Builder WA-OR-ID [202733 v.6 Rev. 01-25-05] CONNER HOMES COMPANY Page 8of9 20050502002070.009 SCHEDULE A THIS SCHEDULE A is attached to and part of the DEED OF TRUST dated AprIl 28. 2005, between CONNER HOMES COMPANY. a Washington corporation, as GRANTOR, PRLAP. Inc.. a Washington corporation, as TRUSTEE, and BANK OF AMERICA, N.A., as BENEFICIARY. LEGAL DESCRIPTION: LOTS 1 THROUGH 69, LAURElHURST, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 227 OF PLATS. PAGES 69 THROUGH 78, IN KtNG COUNTY, WASHINGTON. DEED OF TRUST -CREB Home Builder WA-OR-ID [202733 v.6 Rev. 01-25-DSJ CONNER HOMES COMPANY Page 90f9 ¥ CITY OF RENTON PLANNING / BUILDING / PUBLIC WORKS MEMORANDUM Date: January 23, 2006 To: City Clerk's Office From: Stacy 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: Laurelhurst Lot Line Adjustment LUA (file) Number: LUA-05-123, LLA Cross-References: LUA06-002, LLA -Laurelhurst Lot 35 Lot Line Adjustment AKA's: Project Manager: Keri Weaver Acceptance Date: October 25, 2006 f Applicant: Conner Homes & Laurelhurst Community Organization Qwner: Conner Homes Contact: John Skochdopole, Conner Homes PID Number: 4219600350; 4219600700 ERC Decision Date: ERC Appeal Date: Administrative Approval: November 4, 2005 Appeal Period Ends: November 22, 2005 Public Hearing Date: Date Appealed to HEX: By Whom: HEX Decision: Date: Date Appealed to Council: By Whom: Council Decision: Date: Mylar Recording Number: 20051122900008 Project Description: The applicants, Conner Homes Co. and Laurelhurst Community Organization, are requesting the approval of a lot line adjustment between Lot 35 and Tract G of the recently recorded Laurelhurst 1 plat. The lot line between Lot 35 and Tract G would be moved approximately 5 feet south of its present location, to increase the size of Lot 35 by 417 sq. ft. The lot line adjustment is proposed to allow more flexible development on Lot 35. Lot G is an open space tract in the recorded plat. Location: 202 Chelan Court NE Comments: ~ L, Chapter 173-60 WAC I (e{( 0)) King County .... __ Recorder's Office Services CiijnilU& .'8114'. Recordsl Elections and Ucensing Services Division Department of Exea.atlve Services Map Survey Fee InCrea!!e!!effective July 1, 2005 and August 1, 2005 Search Results Instrument Number Mf3.nu • New SeClrch • Prefs • Help Criteria: Name or Associated Name Begins with RENTON CITY Filed between 11/22/2005, 11/22/2005 Search Results -2 matches Displaying Records 1 to 2 Book-Date Filed Document Type Name Name Associated Name Name Legal Description Page (+) = More Names Type (+) = More Names Type 2.QQ?J12.Z9QQQO{l 195 -11/22/2005 LOT LINE RENTON CITY OF E CONNER HOMES R CO RENTON LLA NO. LUA-05-123-LLA; LND-30-0298 SEC 1 TOWN 23 RANGE C NENW 212 ADJUSTMENT -(+) MYLAR 20051122900011 195 -11/22/2005 LOT LINE RENTON CITY OF E VANDERFORD ROBERTW R RENTON LLA NO. LUA05-126. LLA V-I- SEC 19 TOWN 23 RANGE 05 SE NE 223 ADJUSTMENT - MYLAR ---.... ~--.. ~~~~---~-----~-~---~~~~-~~-~~----- Rec;()[cler~Qff'ic:::eJjQmePage I CUstomer $erviceQuestiol]s King County I New!! I Servi(:es I COmments I Search Links to external sites do not constitute endorsements by King County. By visiting this and other King County web pages, you expressly agree to be bound by terms and conditions of the site. Theqetgils. Internet Public Access Module Version 3.1 Copyright © 2001 -2003 Hart InterCivic. Inc. All Rights Reserved. WebServ1 12/06/00 DATE: TO: FROM: CITY OF RENTON Planning/Building/Public Works MEMORANDUM November 21, 2005 City Clerk's Office ~tV Keri Weaver, Senior Planner, X7382~ i" SUBJECT: Laurelhurst Lot Line Adjustment; File No. LUA-05-123, LLA Attached please find two sets of the above-referenced mylar and three copies for recording with King County. Please have Consolidated Delivery & Logistics, Inc. take these documents via: x Priority service Rush service Economy service ($22.46) ($17.94) ($15.73) Attached is a check for the amount of $15.73 for the fee to CD&L. According to Finance, the King County recording fees for this and all subsequent plat recordings should be charged to account #000/007.590.0060.49.000014. Please call me at x7382 if you have any questions. Thank you. cc: Yellow file Sonja Fesser, Property Services Jan Conklin, Development Services APPLICANT H:\Oivision.s\Oevelop.ser\Oev&plan.ing\LMN\planner manual\LLAS\CLERKMMO.OOC DOCUMENTS FOR RECORDING KING COUNTY RECORDS & ELECTIONS DMSION TO: CITY CLERK'S OFFICE DArn: ___ "~/t_~+/_O) ______ __ FROM: ~ e rdl} 1ft r filM Y1-,.~ ( (Name. diVISIon. 8Ild _1011) Ow Wt:7 1J7'V· / BILLING ACCOUNT NUMBER: 0 O/) /001. t; q /). 00 ~(), 4-'f . tJ d 0014- (xxxJ~.xxx.xxxx.xxxx.xx.xxxxxx): IS REAL ESTATE EXCISE TAX FORM REQUIRED? No ~es 0 (Attach fonn) (Account will be charged S2,OO filing fee) )4J I INDEXING NOTES: SPECIAL RECORDING INSTRUCTIONS: DATE ACQUIRED: __________ GRANTOR: ____________________ __ PURPOSE: ~/PA;Jc.. lot-ctr~~{oYL-()r ?~ COMMON DESCRIPTION: aP(iusf-~rt/I1C fir taur-t:lh~?M..r o ADDRESS: P.I.D. 41../ Of (p ~ () 100 S-T-R: , if' -1, '? -t7 CROSS STREETS: Nf3.. /s ret/urI-~ Chcld-Vt Ct1I4"f N£. CURRENT USE: vac,~f-Iof-fn: 7iI 'rz:;/c-{?m:lfJ r-t'n t::i41/(.a J MANAGING DEPARTMENT: P /8 { pw --~~------------------------------ RECORDING # ------------------- Rev Date 7/97 TSIREC _ DOC.DOTlbh ·:R Kathy Keolker-Wheeler, Mayor November 21,2005. John Skochdopole Conner Homes 846 108th Ave NE, #202 Bellevue, WA 98004 SUBJECT: LaureJhurst Lot Line Adjustment File No. LUA-05-123, LLA Dear Mr. Skochdopole: CITY F RENTON PlanningIBuilding/Public Works Department Gregg Zimmerman P.E., Administrator The City of Renton has completed processing the above referenced lot line adjustment and has forwarded the final mylars to King County for recording. Please note the recording of the lot line adjustment map alone does not transfer ownership of property. If necessary, prepare and record a deed transferring ownership of the portion of land depicted in the lot line adjustment map. We recommend that the legal description for this document be prepared by a surveyor. It is the applicant's responsibility to ensure this document is properly prepared and recorded with the County. If you have any further questions regarding this lot line adjustment, please contact me at (425.) 430-7382. Sincerely, . ~ lJ;-ds ~ f1,y Jc.0i W~ . Keri A. Wearver, AICP Senior Planner cc: Yellow file --'HT.t1:\DI"rr.IV=IS=lon::-=.s"""\De=~==s=@=~='\!j=~='9~=W7'r.J=R~"""h=~87U:flP,""T-W"""~"l7!!hl=B=~Mh:;-;:;rr:;;I&)fB=b3¥=------~ ® This paper contains 50% recycled material, 30% post consumer AHEAD OF THE CURVE CITY 4 ? RENTON Kathy Keolker-Wheeler, Mayor PlanningIBuildinglPublic Works Department Gregg Zimmerman P.E., Administrator November 7,2005 John Skochdopole Conner Homes Co. 846 1 08th Ave. NE #202 Bellevue, WA 98004 Subject: Laurelhurst 1 Plat Lot Line Adjustment File No. LUA-05-123, LLA Dear Mr. Skochdopole: The City has completed the review of your proposed lot line adjustment and has made a decision to approve it, subject to minor corrections as noted on the attached comments from Property Services. Please submit two sets of an original mylar (incorporating the corrections requested by Property Services) and a check for $15.73 made out to CD&L for shipping, at the Development Services counter on the sixth floor of Renton City Hall. The mylars will be sent to King County for recording. 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 approvethe 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, November 22, 2005. Appeals to the Examiner are governed by the City of Renton Municipal Code Section 4-8-110. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510. Appeals must be filed in writing together with the required $75.00 application fee to: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98055. If you have any questions, please call me at (425) 430-7283. Sincerely, 1~~ Keri A. Weaver, AICP Senior Planner Attachment __ c_c_: --ye_I_IO_:_:_i~e_s-ou-t-h-G-ra-d-y-w.-a-Y-_-R-en-t-on-,-W.-a-sh-in-g-to-n-9-g-0-S-S ______ .~ ® This paper contains 50% recycled material, 30% post consumer AHEAD OF THE CURVE CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: November 3, 2005 TO: Juliana Fries, Plan Review FROM: Keri Weaver, Development/Planning, x7382 SUBJECT: Laurelhurst Lot Line Adjustment, File No. LUA05-123, LLA Attached is the most recent version of the above-referenced lot line adjustment. If required improvements have been installed and/or deferred and any other Plan Review concerns have been addressed and you are able to recommend recording of this lot line adjustment, 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 send a written summary at your earliest convenience. Thank you. Plan Review approval: //~tf-o~ Date cc: Yellow File H:\Oivision.s\Oevelop.ser\Oev&plan.ing\PROJECTS\05-123. Keri\LLA Memo Laurelhurst.doc CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: November 3, 2005 TO: Sonja Fesser, Property Services FROM: Keri Weaver, Development/Planning, x7382 SUBJECT: Laurelhurst Lot Line Adjustment, File No. LUA05-123, 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: r !2;2 \ <:::-~:::.:;;.;:.:.:;.?:? l0 ...... ~ it 3 dc) ---~... . ~ Robert T. ~ac Onie, Jr. PLS Da -:-,'~Jb~/~~,,"""~oL..) ~n1t-'-'. \ __ Jz ............ eO"u.rt ..... h ..... Jc<...-_-='::7'-1/3/o 5 Sonja J.(jessfj' date cc: Yellow File H:\Oivision.s\Oevelop.ser\Oev&plan.ing\PROJECTS\05-123. Keri\LLA Memo Laurelhurst.doc DATE: TO: FROM: SUBJECT: CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM November 3, 2005 Keri Weaver to Sonja J. Fesser}'1S Laurelhurst Phase 1 Lot Line Adjustment, Lot 3Sffract G LUA-OS-123-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-05-123-LLA and LND-30-0298, respectively, on the drawing sheets in the spaces provided. Note the designated lot names ("PARCEL A" and "PARCEL B") with a bolder line. Currently, "Tract G" and "35" are the same size and line width as said parcels. Note the name of the subject plat on the drawing (Sheet 2 of 2). The word "ORGANIZATION" is misspelled (approval block for the Laurelhurst Community Organization). Note that if there are restrictive covenants, easements or agreements to others (City of Renton, etc.) as part of this subdivision, they can be recorded concurrently with the lot line adjustment. The lot line adjustment and the associated document(s) are to be given to the Project Manager as a package. King County will record the lot line adjustment first, with the accompanying documents following. The recording number(s) for the associated document(s) need to be referenced on the lot line adjustment drawings. Fee Review Comments: Lots within or affected by the lot line adjustment are subject to the city's special charges, if any. \H:\File Sys\LND -Land Subdivision & Surveying Records\LND-30 -Lot Line Adjustments\0298\RV051027.doc City of R ~. _ ~ n Department of Planning / Building / Public ks ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: ~moel-N ~ I{C<) COMMENTS DUE: NOVEMBER 8, 2005 , , I APPLICATION NO: LUA05-123, LLA -........J DATE CIRCULATED: OCTOBER 25,2005 APPLICANT: Conner Homes Co. PROJECT MANAGER: Keri Weaver PROJECT TITLE: Laurelhurst Lot Line Adjustment PLAN REVIEW: Juliana Fries SITE AREA: 6,838 square feet BUILDING AREA(gross}: N/A LOCATION: 202 Chelan Court NE I WORK ORDER NO: 77490 SUMMARY OF PROPOSAL: The applicants, Conner Homes Co. and Laurelhurst Community Organization, are requesting the approval of a lot line adjustment between Lot 35 and Tract G of the recently recorded Laurelhurst 1 plat. The lot line between Lot 35 and Tract G would be moved approximately 5 feet south of its present location, to increase the size of Lot 35 by 417 sq. ft. The lot line adjustment is proposed to allow more flexible development on Lot 35. Lot G is an open space tract in the recorded plat. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Environment Minor Major Information Impacts Impacts Necessary Impacts Impacts Necessary Earth Housinq Air Aesthetics Water Light/Glare Plants Recreation Land/Shoreline Use Utilities Animals Transportation Environmental Health Public Services Energy/ HistoridCultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet B. POLICY-RELA TED COMMENTS C. CODE-RELA TED COMMENTS 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 Re",on Department of Planning / Building / Public .. J. ks ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET F1' REVIEWING DEPARTMENT: re.. COMMENTS DUE: NOVEMI:t.rD 0 'U\nr:; '''''''~~ '.T'-,Y. •.. . ! ' " 1. I~ I!' ~ I' / APPLICATION NO: LUA05-123, LLA DATE CIRCULATED: OCTOBEI '25' ~ ,,~ U t ;~ .;; !,' '...,.:"/ \:J 6 r "'. 'n .~ . ,;~ APPLICANT: Conner Homes Co. PROJECT MANAGER: Keri We '~ei\ \ PROJECT TITLE: Laurelhurst Lot Line Adjustment PLAN REVIEW: Juliana Fries U U OCT 25 2005. SITE AREA: 6,838 square feet BUILDING AREA (Qross): N/A LOCATION: 202 Chelan Court NE WORK ORDER NO: 77490 CITY OF REtHOrJ riM':: I-'~'",/ I";. ,·,:T ... SUMMARY OF PROPOSAL. The applicants, Conner Homes Co. and Laurelhurst Community Organization, are requesting the approval of a lot line adjustment between Lot 35 and Tract G of the recently recorded Laurelhurst 1 plat. The lot line between Lot 35 and Tract G would be moved approximately 5 feet south of its present location, to increase the size of Lot 35 by 417 sq. ft. The lot line adjustment is proposed to allow more flexible development on Lot 35. Lot G is an open space tract in the recorded plat. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Environment Minor Major Information Impacts Impacts Necessary Earth Housing Air Aesthetics Water Light/Glare Plants Recreation Land/Shoreline Use utilities Animals Transportation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation Airport Environment to,OOOFeet 14,000 Feet jJ;f B. POL/CY-RELA TED COMMENTS C. CODE-RELA TED COMMENTS iJo ~~ jGfttt ~ particular attention to those areas in which we have expertise and have identified areas of probable impact or ded to properly assess this proposal. Date '/7 I City of Renton Department of Planning / Building / Public .. -rks ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: COMMENTS DUE: NOVEMBER 8, 2005 APPLICATION NO: LUA05-123, LLA DATE CIRCULATED: OCTOBER 25, 2005 APPLICANT: Conner Homes Co. PROJECT MANAGER: Keri Weaver PROJECT TITLE: Laurelhurst Lot Line Ad'ustment PLAN REVIEW: Juliana Fries RECEIVED SITE AREA: 6,838 s uare feet BUILDING AREA ross: N/A LOCATION: 202 Chelan Court NE I WORK ORDER NO: 77490 SUMMARY OF PROPOSAL: The applicants, Conner Homes Co. and Laurelhurst Community organization~\I~~q~ge~~XbSIRtJ approval of a lot line adjustment between Lot 35 and Tract G of the recently recorded Laurelhurst 1 plat. The lot line between Lot 35 and Tract G would be moved approximately 5 feet south of its present location, to increase the size of Lot 35 by 417 sq. ft. The lot line adjustment is proposed to allow more flexible development on Lot 35. Lot G is an open space tract in the recorded plat. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Environment Minor Major Information Impacts Impacts Necessary Earth Housing Air Aesthetics Water Light/Glare Plants Recreation Land/Shoreline Use Utilities Animals Transportation Environmental Health PubliC Services Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet B. POLICY-RELA TED COMMENTS C. CODE-RELATED COMMENTS rAlo Wn~ ~~~.e i!cvvL~d viewed this applica' with particular attention to those areas in which we have expertise and have identified areas of probable impact or io)7 is needed to properly assess this proposal. /o-OL6-o~- Sign Date :~ ...IL . -Kathy Keolker-Wheeler, Mayor CITY F RENTON PlanninglBuildinglPublic Works Department Gregg Zimmerman P.E., Administrator October 25,2005 John Skochdopole Conner Homes Co. 846 1 08th Avenue NE #202 Bellevue, WA 98004 Subject: Laurelhurst Lot Line Adjustment LUA05-123, LLA Dear Mr. Skochdopole: 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) 430-7382 if you have any questions. Sincerely, Keri Weaver Senior Planner ------l-O-SS-So-u-th-a-r-a-dy-W,-ay---R-e-nt-o-n,-w,-a-s-hi-n-gt-on-9-80-S-S------~ ® This paper contains 50% recycled material, 30% post consumer AHEAD OF THE CURVE ., DEVELOPMENT PLANNING CITY OF RENTON City of Renton OCT 052005 RECEIVED LAND USE PERMIT MASTER APPLICATION PROPERTY OWNER(S) PROJECT INFORMATION NAME: Conner Homes Co. and Laurelhurst PROJECT OR DEVELOPMENT NAME: Lot 35, Laurelhurst Community Organization Phase 1, Lot Line Adjustment ADDRESS: 846 108th Ave NE #202 PROJECT/ADDRESS(S)/LOCATION AND ZIP CODE: 202 Chelan Court N.E., Renton, Wa 98059 CITY: Bellevue ZIP: 98004 TELEPHONE NUMBER: KING COUNTY ASSESSOR'S ACCOUNT APPLICANT (if other than owner) NUMBER(S):4219600350 ,+z/q 0001-00 EXISTING LAND USE(S): Detached-Single Family NAME: PROPOSED LAND USE(S): Detached-Single Family COMPANY (if applicable): EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: ADDRESS: Residential-Single Family CITY: ZIP: PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applicable): N/A TELEPHONE NUMBER EXISTING ZONING: R-8 CONTACT PERSON PROPOSED ZONING (if applicable): N/A NAME: John Skochdopole SITE AREA (in square feet): 8,462 SQUARE FOOTAGE OF ROADWAYS TO BE DEDICATED COMPANY (if applicable): Conner Homes Co. FOR SUBDIVISIONS OR PRIVATE STREETS SERVING THREE LOTS OR MORE (if applicable): ADDRESS: 846 108th Ave NE #202 N/A PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET ACRE (if applicable):N/A CITY: Bellevue ZIP:98004 NUMBER OF PROPOSED LOTS (if applicable): N/A TELEPHONE NUMBER AND E-MAIL ADDRESS: NUMBER OF NEW DWELLING UNITS (if applicable): N/A (425)646-4438 johnsk@connerhomes.com Q:web/pw/devse:rv/fonns/planninglmasterapp.doc 10/03/05 PRO. :T INFORMATION (continu NUMBER OF EXISTING DWELLING UNITS (if applicable): PROJECT VALUE: N/A SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (if applicable): N/A IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (if applicable): SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (if applicable): N/A o AQUIFER PROTECTION AREA ONE SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL o AQUIFER PROTECTION AREA TWO BUILDINGS (if applicable): N/A o FLOOD HAZARD AREA Osq.ft. SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): N/A o GEOLOGIC HAZARD o sq. ft. NET FLOOR AREA OF NON-RESIDENTIAL BUILDINGS (if o HABITAT CONSERVATION o sq. ft. applicable): N/A o SHORELINE STREAMS AND LAKES 0 sq. ft. NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (if applicable): N/A o WETLANDS o sq. ft. LEGAL DESCRIPTION OF PROPERTY (Attach legal description on separate sheet with the following information included) SITUATE IN THE NE QUARTER OF NW QUARTER SECTION 15, TOWNSHIP 23N, RANGE 5E, 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. 4. Staff will calculate applicable fees and postage: $ AFFIDAVIT OF OWNERSHIP I, (Print Name/s) joh V\ ,S O~~ () e..-, declare that I am (please check one) _ the current owner of the property involved in this application or ~ the authorized re resentative to act for a corporation (please attach proof of authorization) and that the foregoing statements and answers hereiiYCOntBined and the information herewith are in all respects true and correct to the best of my knowledge and belief. (i ature of Owner/~ esentative0 -I 1_ ~0H Vi'ct.--Pvt;~ -Wt\~ ~Coio (Signature of Owner/Representative) Q:web/pw/devserv/fonns/planninglmasterapp.doc I certify that I know or have satisfactory evidence that ---:,h~e"",,-::_----,----,--,-_--:-:,....-,: signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington My appointment eXPires:--,-,'I,+IL..} "J....+.lo=~'--____ _ 10/03/05 , . , .... ENGINEERING· PLANNING· SURVI:VING DATE: 10103/05 TO: Conner Homes ATTN: John Skochdopole CORE PROJECT NO: REFERENCE: FROM: SENDING VIA: 1t:@D'@ IiPefl6fi/1ia, Don. 1471 1 N.E. 29th Place, Suite 10J Bellevue, Washington 98007 425.885.7877 Fax 425.885.7963 www.coredesigninc.com 02052 Laurelhurst Lot 35 LLA Steve Schrei ADDRESS: 846 1 oath Ave NE #202 Bellevue, Wa. 9a004 D MAIL D PICK-UP D HAND DELIVER 181 COURIER 01-HR 1812-HR 04-HR DOVERNIGHT QUANTITY DATED DESCRIPTION 1 10103/05 Lot 35/Tract G Lot Line Adjustment 1 10103/05 Master Application ; TRANSMITTED: ~ FOR YOUR USE D PER YOUR REQUEST o INFORMATION ONLY ACTION REQUIRED: 0 PROCESSING . D REPLY D RETURN o NONE COMMENTS: John, let me know jf you have any comment'3 or corrections. Please sign the application and return it along with a check, for $450.00, payable to the City of Renton for the submittal fee. Once we have these I will get the Lot Line Adjustment submitted to the City. cc: I8ELOPMENT SERVICES DIVISION WAIVER ol! SUBMITTAL REQUIREMeNTS FOR LAND USE APPLICATIONS Applicant Agreement Statement 2 AND 3 Inventory of Existing Sites 2 AND 3 Lease Agreement, Draft 2 AND 3 Map of Existing Site Conditions 2 AND 3 Map of View Area 2 AND 3 Photosimulations 2 AND 3 This requirement may be waived by: 1. Property Services Section PROJECT NAME: ---"=L"--~"""",,,,,=jool.......!..lh...,..u~fu ....... ~-'......-..... L-=L=--4...!....-__ 2. Public Works Plan Review Section 3. Building Section DATE: --,,--I D=...<....>IS""",-,},--O...::;..5_' ____ _ 4. Development Planning Section Q:\WEB\Pw\DEVSERv\Forms\Planning\waiver.xls 07/29/2005 DEVELOPMENT PLANNING -CITY OF RENTON DEVELOPMENT SERVICES DIVISlt OCT 052005 WAIVER OF SUBMITTAL REQUIREMENTS RECEIVED FOR LAND USE APPLICATIONS This requirement may be waived by: 1. PropertY Services Section PROJECT NAME: _~ __ e/----1....!..L=>o<>o<l'-'.,S,;>....1+_' --=L=--c--'-A--'---_ 2. Public Works Plan Review Section 3. Building Section DATE: _'0-+1--=" O=-;P--"--,,-S,,,,-' ____ _ 4. Development Planning Section Q:\WEB\Pw\OEVSERv\Forms\Planning\waiver.xls 07/29/2005 ~ CORE ~DEsIGN October 3,2005 Core No. 02052 City of Renton Development Services Division 1055 S. Grady Way Renton, Washington 98055 Core Design, 'nco 14711 N.E. 29th Place, Suite 101 Bellevue, Washington 98007 425.885.7877 Fax425.885.7963 www.coredesigninc.com Subject: Project Narrative for Lot 35, Laurelhurst Phase 1 Lot Line Adjustment To Whom It May Concern: The following is presented to address the City's submittal requirements for a project narrative regarding the Lot 35, Laurelhurst Phase 1 Lot Line Adjustment located at 202 Chelan Court N.E. The purpose of this lot line adjustment is to create a more suitably-sized lot for Lot 35, to better meet the owners' needs and requirements for the type of residence they would like to develop on the lot. There are no "special site features" such as wetlands, water bodies or steep slopes that affect the site, and no proposed code modifications are being requested along with this lot line adjustment. I trust that this will satisfy the City's requirement regarding a project narrative for the proposed lot line adjustment. Stephen J. Schrei, P.L.S. Project Surveyor DEVELOPMENT PLANNING CITY OF RENTON OCT 052005 RECEIVED r) 'II" 11 ; . ENGINEERING· PLANNING· SURVEYING LAURELHURSTPHASEI LOT 35 AND TRACT G -.::.;j)PMENT PLANNING "]ITY OF RENTON OCT 052005 ;lECEIVED BLA 02052 Plat Map Checks 10/3/2005 SJS Core Design, Inc. 14711 NE 29th Place Suite 101 Bellevue, W A 98007 Lot Report CRD File> P:\2002\02052\Carlson\02052.crd LOT PARCEL A OF BLOCK 1 PNT# BEARING DISTANCE NORTHING 3185 179693.20 N 88°16'13" W 45.01 3184 179694.55 EASTING 1313259.88 1313214.89 10/03/2005 09:26 STATION 0.00 45.01 RADIUS: 25.00 LENGTH: 28.47 CHORD: 26.96 DELTA: 65°15'06" CHORD BRG: N 55°38'40" W PC-R: N 01°43'47" E PT-R: N 66°58'53" E RADIUS POINT: 3183 179719.54,1313215.65 TANGENT: 16.00 10154 179709.77 1313192.64 73.48 S 89°22'00" E 91.16 101.55 179708.76 1313283.79 164.64 RADIUS: 25.00 LENGTH: 30.36 CHORD: 28.53 DELTA: 69°34'54" CHORD BRG: S 56°56'20" W PC-R: N 67°51'07" W PT-R: N 01°43'47" E RADIUS POINT: 3186 179718.18,1313260.64 TANGENT: 17.37 3185 179693.20 1313259.88 195.00 Closure Error Distance> 0.0029 Error Bearing> S 65°59'35" E Closure Precision> 1 in 68184.2 Total Distance> 195.00 LOT AREA: 1207 SQ FT OR 0.0277 ACRES DEVELOPMENT PLANNING CITY OF RENTON OCT 052005 RECEIVED LOT PARCEL B PNT# BEARING 3356 OF BLOCK 1 DISTANCE NORTHING 179717.91 EASTING 1313285.63 STATION 0.00 RADIUS: 25.00 LENGTH: 9.39 CHORD: 9.33 DELTA: 21°30'52" CHORD BRG: S 11°23'27" W PC-R: N 89°22'00" W PT-R: N 67°51'07" W RADIUS POINT: 3186 179718.18,1313260.64 TANGENT: 4.75 10155 179708.76 1313283.79 9.39 N 89°22'00" W 91.16 10154 179709.77 1313192.64 100.55 RADIUS: 25.00 LENGTH: 10.32 CHORD: 10.25 DELTA: 23 °39' 07" CHORD BRG: N 11°11'33" W PC-R: N 66°58'53" E PT-R: S 89°22'00" E RADIUS POINT: 3183 179719.54,1313215.65 TANGENT: 5.23 3357 179719.82 1313190.65 110.87 N 00°38'00" E 66.46 3358 179786.28 1313191.38 S 89°22'00" E 95.00 3359 179785.23 1313286.38 S 00°38'00" W 67.32 3356 179717.91 1313285.63 Closure Error Distance> 0.0067 Error Bearing> S 17°19'17" E Closure Precision> 1 in 50405.0 Total Distance> 339.65 LOT AREA: 7255 SQ FT OR 0.1665 ACRES BLOCK 1 TOTAL AREA: 8462 SQ FT OR 0.1943 ACRES DEVELOPMENT PLANNING . CITY OF RENTON OCT 052005 RECEIVED 177.33 272.33 339.65 Lot Report 10/03/2005 09:29 CRD File> P:\2002\02052\Carlson\Lot Files\x02052ps.crd LOT 35 OF BLOCK WEST PNT# BEARING DISTANCE NORTHING EASTING STATION 3356 179717.91 1313285.63 0.00 RADIUS: 25.00 LENGTH: 4.70 CHORD: 4.70 DELTA: 10°46'47" CHORD BRG: S 06°01'24" W PC-R: N 89°22'00" W PT-R: N 78°35'12" W RADIUS POINT: 3186 179718.18,1313260.64 TANGENT: 2.36 3187 179713.24 1313285.14 4.70 N 89°22'00" W 93.94 3182 179714.28 1313191.21 98.64 RADIUS: 25.00 LENGTH: 5.58 CHORD: 5.57 DELTA: 12°47'45" CHORD BRG: N 05°45'52" W PC-R: N 77°50'15" E PT-R: S 89°22'00" E RADIUS POINT: 3183 179719.54,1313215.65 TANGENT: 2.80 3357 179719.82 1313190.65 104.22 N 00°38'00" E 66.46 3358 179786.28 1313191.38 S 89°22'00" E 95.00 3359 179785.23 1313286.38 S 00°38'00" W 67.32 3356 179717.91 1313285.63 Closure Error Distance> 0.0045 Error Bearing> N 29°33'57" E Closure Precision> 1 in 74597.0 Total Distance> 333.01 LOT AREA: 6838 SQ FT OR 0.1570 ACRES DEVELOPMENT PLANNING CITY OF RENTON OCT 052005 RECEIVED 170.69 265.69 333.01 LOT TRACT G PNT# BEARING 3182 OF BLOCK WEST DISTANCE NORTHING 179714.28 EASTING 1313191.21 STATION 0.00 RADIUS: 25.00 LENGTH: 33.21 CHORD: 30.82 DELTA: 76°06'28" CHORD BRG: S 50°12'59" E PC-R: N 77°50'15" E PT-R: N 01°43'47" E RADIUS POINT: 3183 179719.54,1313215.65 TANGENT: 19.57 3184 179694.55 1313214.89 33.21 S 88°16'13" E 45.01 3185 179693.20 1313259.88 78.22 RADIUS: 25.00 LENGTH: 35.04 CHORD: 32.25 DELTA: 80°18'59" CHORD BRG: N 51°34'17" E PC-R: N 01°43'47" E PT-R: N 78°35'12" W RADIUS POINT: 3186 179718.18,1313260.64 TANGENT: 21.10 3187 179713.24 1313285.14 113.26 N 89°22'00" W 93.94 3182 179714.28 1313191.21 Closure Error Distance> 0.0046 Error Bearing> S 49°24'46" W Closure Precision> 1 in 45247.6 Total Distance> 207.20 LOT AREA: 1624 SQ FT OR 0.0373 ACRES DEVELOPMENT PLANNING CITY OF RENTON OCT 052005 RECEIVED 207.20 'HICAGO TITLE INSURANCE COMPA· • 00 COLUllBIA CENTER, 701 5TH AVE SEATTLE, WA 98104 SHORTPLATCER~CATE Certificate for Filing Proposed Short Plat Order No.: 1175438 In the matter of the short plat submitted for your approval, this Company has exam4ted 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 described land situate in said KING County, to-wit: SEE SCHEDULE A (NEXT PAGE) VESTED IN: CONNER HOMES COMPANY, A WASHINGTON 'CORPORATION, AS TO LOT 35; AND LAURELHURST COMMUNITY ORGANIZATION, A WASHINGTON NON-PRO~IT.SORPORATION, AS TO . TRACT "G". EXCEPTIONS: SEE SCHEDULE B ATTACHED CHARGE: $200.00 TAX: $ 17.60 Records examined to September 26, 2005 at 8:00 A.M. DEVELOPMENT PLANNING -CITY OF RENTON OCT 052005 l1ECEIVED By CHICAGO TIlLE INSURANCE COMPANY HARRISjEISENBREY Title Officer (206)628-5623 SHPlATA/12·5-90/EK 'IDCAGO TITLE INSURANCE COMPA· • SHORT PLAT CERTIFICATE SCHEDULE A (Continued) LEGAL DESCRIPTION Order No.: 117543 B LOT 35 AND TRACT "G", LAURELHURST, ACCORDING TO THE PLAT TlIEREOF, RECORDED IN VOLUME 227 OF PLATS, PAGES 69 THROUGH 78, IN KING COUNTY, WASHINGTON. DEVELOPMENT PLANNING CITY OF RENTON OCT 052005 RECEiVED CHICAGO TIlLE INSURANCE COMPANY CHICAGO TITLE INSURANCE COMPANY Order No.: 1175438 SHORTPLATCER~CATE SCHEDULEB This certificate does not insure against loss or damage by reason of the following exceptions: GENERAL EXCEPTIONS: A .. 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 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. 1. Water rights, claims, or title 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). ENT PLANNING OEV~N~~F RENTON OC1 052005 ~EGi\)!Er. SHPIATB/03H'94/soc CHICAGO lTILE INSURANCE COMPANY 'HICAGO TITLE INSURANCE COMPA -• SHORTPLATCERT~CATE SCHEDULEB (Continued) EXCEPTIONS Order No.: 1175438 A 1. COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS, NOTES, DEDICATIONS AND SETBACKS, IF ANY, SET FORTH IN OR DELINEATED ON THE PLAT OF LAURELHURST, PHASE I, RECORDED IN VOLUME 227 OF PLATS, PAGES 69 THROUGH 78, RECORDED UNDER RECORDING NUMBER 20050419000480, IN KING COUNTY, WASHINGTON. B 2. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NUMBER: AFFECTS: LOTS 27 THROUGH 35 LAURELHURST COMMUNITY ORGANIZATION FENCE WESTERLY 5 FEET JUNE 17, 2005 20050617002850 c 3. RESERVATIONS AND EXCEPTIONS CONTAINED IN DEED FROM NORTHERN PACIFIC D RAILROAD COMPANY: RESERVING AND EXCEPTING FROM SAID LANDS SO MUCH OR SUCH PORTIONS THEREOF AS ARE OR MAY BE MINERAL LANDS OR CONTAIN COAL OR IRON, AND ALSO THE USE AND THE RIGHT AND TITLE TO THE USE OF SUCH SURFACE GROUND AS MAY BE NECESSARY FOR GROUND OPERATIONS AND THE RIGHT OF ACCESS TO SUCH RESERVED AND EXCEPTED MINERAL LANDS, INCLUDING LANDS CONTAINING COAL OR IRON, FOR THE PURPOSE OF EXPLORING, DEVELOPING AND WORKING THE SAME. RECORDING NUMBER: 192430 SAID RESERVATIONS WERE MODIFIED BY AGREEMENT BETWEEN NORTHERN PACIFIC RAILROAD AND LESTER A. MORRIS AND SYLVIA A. MORRIS, DATED NOVEMBER 20, 1934, RECORDED JANUARY II, 1935, UNDER RECORDING NUMBER 2837830. 4. COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND LIABILITY FOR ASSESSMENTS CONTAINED IN INSTRUMENT, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTE~ THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW: RECORDED: RECORDING NUMBER: APRIL 19, 2005 20050419000481 TOGETHER WITH AMENDMENTS AND MODIFICATIONS THERETO, IF ANY. DE\lELOPMENT PLANNING .' CITY OF RENTON OCT 052005 RECEIVED CHICAGO TIlLE INSURANCE COMPANY 'qJCAGO TITLE INSURANCE COMPA -• SHORT PlAT CERTIFICATE SCHEDULEB (Continued) EXCEPTIONS Order No.: 1175438 B 5 _ GENERAL AND SPECIAL TAXES AND CHARGES AFFECTING THE ENTIRE PLAT: YEAR: AMOUNT BILLED: AMOUNT PAID: LEVY CODE: NUMBER OF LOTS IN SAID PLAT: 2005 $28,220.61 $28,220.61 4155 (WILL BE 2104 IN THE 2006 TAX YEAR) 69 LOTS AND 14 TRACTS THE TAX ACCOUNT NUMBER FOR THE LOT HEREIN DESCRIBED IS: 421960-0350-02. F 6. DEED OF TRUST AND ASSIGNMENT OF RENTS AND/OR LEASES, AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: TRUSTEE: BENEFICIARY: AMOUNT: DATED: RECORDED: RECORDING NUMBER: CONNER HOMES COMPANY, A WASHINGTON CORPORATION PRLAP, INC., A WASHINGTON CORPORATION BANK OF AMERICA, N.A. $ 13,196,250.00 OCTOBER 1, 2004 NOVEMBER 16, 2004 20041116001156 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. G AFFECTS: ENTIRE PLAT, AND OTHER PROPERTY B MODIFICATION OF DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: DATED: RECORDED: RECORDING NUMBER: DECEMBER , 2004 DECEMBER 21, 2004 20041221001208 I MODIFICATION OF DEED OF TRUST AND THE TERMS AND CONDrTIONS ~EREOF: DATED: RECORDED: RECORDING NUMBER: DEVELOPMENT PLANNING CITY OF RENTON OCT 052005 RECEIVED MARCH 4, 2005 JUNE 28, 2005 20050628002403 CHICAGO TIlLE INSURANCE COMPANY SHPIATB3/12-12-90/EK --c. 'JiICAGO TITLE INSURANCE COMPA ~ -7 SHORTPLATCER~CATE SCHEDULEB (Continued) EXCEPTIONS Order No.: ~175438 J 7. DEED OF TRUST AND ASSIGNMENT OF RENTS AND/OR LEASES, AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: TRUSTEE: BENEFICIARY: AMOUNT: DATED: RECORDED: RECORDING NUMBER: CONNER HOMES COMPANY, A WASHINGTON CORPORATION WASHINGTON ADMINISTRATIVE SERVICES, INC., A WASHINGTON CORPORATION JILL SUZANNE CONNER $ 4,900,000.00 DECEMBER 30, 2004 JANUARY 11, 2005 20050111002235 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. Ie AFFECTS: ENTIRE PLAT, AND OTHER PROPERTY L SUBORDINATION AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: RECORDING NUMBER: JUNE 28, 2005 20050628002404 SAID AGREEMENT RELATES TO THE LIEN PRIORITY OF THE ABOVE DEED OF TRUST AND THE DEED OF TRUST RECORDED UNDER RECORDING NUMBER 20041116001156 AS MODIFIED BY AGREEMENT UNDER RECORDING NUMBERS 20041221001208 AND 20050628002403. 8. DEED OF TRUST, SECURITY AGREEMENT AND FIXTURE FILING, AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: TRUSTEE: BENEFICIARY: AMOUNT: DATED: RECORDED: RECORDING NUMBER: CONNER HOMES COMPANY, A WASHINGTON CORPORATION PRLAP, INC., A WASHINGTON CORPORATION BANK OF AMERICA, N.A. $40,000,000.00 APRIL 28, 2005 MAY 2, 2005 20050502002070 THE AMOUNT NOW SECURED BY SAID DEED OF TRUST AND THE TERMS UPON WHICH THE DEVELOPMENT PlANNItJ~AN BE DISCHARGED OR ASSUMED SHOULD BE ASCERTAINED FROM THE HOLDER CITY OF RENTON OCT 052005 8ECEIVED SHPIATB3/12-12·90/EK CHICAGO TITLE INSURANCE COMPANY liICAGO TITLE INSURANCE COMPA· • SHORTPLATCER~CATE SCHEDULEB (Continued) EXCEPTIONS OF THE INDEBTEDNESS SECURED. N AFFECTS: LOTS 1 THROUGH 69 Order No.: 1175438 o 9. 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 MOST NOTIFY THE TITLE INSURANCE COMPANY PRIOR TO CLOSING IF THE DESCRIPTION DOES NOT CONFORM TO THEIR EXPECTATIONS. NOTE 1: THE FOLLOWING MAY BE USED AS AN ABBREVIATED LEGAL DESCRIPTION ON THE DOCUMENTS TO BE RECORDED TO COMPLY WITH THE REQUIREMENTS OF RCW 64.04. SAID ABBREVIATED LEGAL DESCRIPTION IS NOT A SUBSTITUTE FOR A COMPLETE LEGAL DESCRIPTION WHICH MUST ALSO APPEAR IN THE BODY OF THE DOCUMENT: LOT 35 & TRACT G, VOLUME 227 PLATS PG 69. AS OF SEPTEMBER 26, 2005, THE TAX ACCOUNT FOR SAID PREMISES IS 421960-0350-02. DEVELOPMENT PLANNING CITY OF RENTON dC i u 5 2005 RECEIVED END OF SCHEDULE B SHPLATB3/12-12-90/EK CHICAGO TIlLE INSURANCE COMPANY 'llCAGO TITLE INSURANCE COMPA' • SHORTPLATCER~CATE SCHEDULEB (Continued) EXCEPTIONS Order No.: 1175438 R THE FOLLOWING PARTIES HAVE BEEN SENT A COPY OF THIS COMMITMENT: CORE DESIGN, INC STEVE SCHREI CONNER HOMES COMPANY JOHN SKOCHDOPOLE NiPLANNING DEV~~~? RENiON OC1 05 200S fIlESil>'fn 1/1 1/0 CHICAGO lTILE INSURANCE COMPANY SHPlATB3/12-12-90/EK ~. CHICAGO TITLL lSURANCE COMPANY 701 FIFTH A VENUE, #3400, SEATTLE, WA 98104 PHONE: (206)628-5623 (206)628-5657 FAX: 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. LAURELHURST PHASE 1 A POR"IlOH OF THE SE 1/4 OF THE NW 1/4. SEC. 1:>. TVtf>. 23 N .• RGE. 5 E.. W.M .. orr Of RENTON. KING COUNTY. WASHINGTON 42 43 : I : I i I , : I : I : I : I : I : I : I 'I ! I 21' .1' . \ .. N.E. 2ND ST • .. ~ 41 l" :-~ 8 5701* ST. i ; @l> 150.0' ::: :: 45 ! !7'&t± u. ... @ ~ .. 18 15 16 S -40 :Ii 66t1. S.F. @ l" 39 8 g ~ ;; ,701t Si. @ ....... " .... n.!)' JrtN'lO-,.,,. "'01 52.D' NlI"15"1.)"-60.0' 46 47 ~ ~ ~.:k1.'. 576'" $.I. " @ i :: @ 2.01 "'01 • .cr :-t:: l" Pg 37 38 0" ~ II .. ~: g-~ .. 5'701.:i s..F. Z 47~t'i: 50'. <§> ~ @!) 50.0' " .... , .. .., .... ....,6'U .. ".16"13')r 60.01 ' 60.0' ..... 50 :,75Itt s.,. 46 49 :; ~ @ 5''''* s..F. I! ,,1&.:t' S.P'. P :; ;; ~ @ :: @ : ¥ 6001 50. •• • ----------------. ;;..-»---------------N.E. tST CT. ffiACT K R so.OI ~.oJ DE LOPMENT PLANNING CITY OF RENTON OCT 052005 RECEIVED ADDt'lJO<W. to' I'\IIIUC. u1lJTY [A$OIOtr 5U NOt!: '. $Hl. 10 ....... II ...... . D 30' ffiACT G lSI:£. lUICI.1MIf SHr. , lU4* 51. 25' ~. MAP RDA 0999 OEV~~~~NRENmN . OC1 052005 RECE\VEG ."'TTY OF RENTON 055 S. Grady Way Renton, WA 98055 ------------------------------------------------------- Printed: 10-05-2005 Payment Made: Land Use Actions RECEIPT Permit#: LUA05-123 10105/2005 03:35 PM Receipt Number: R0505442 Total Payment: 450.00 Payee: Conner Homes Company Current Payment Made to the Following Items: Trans Account Code Description Amount 5015 000.345.81.00.0012 Lot Line Adjustment 450.00 Payments made for this receipt Trans Method Description Amount Payment Check 50909 450.00 Account Balances Trans Account Code Description Balance Due 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 or Fence Review 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 604.237.00.00.0000 Special Deposits 5955 000.05.519.90.42.1 Postage 5998 000.231.70.00.0000 Tax Remaining Balance Due: $0.00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 CITY OF RENTON LOT LINE ADJUSTMENT LUA-05-123-LLA LND-30-0298 LEGAL DESCRIPTION LOT 35, AND TRACT "G", LAURELHURST, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 227 OF PLATS, PAGES 69-78, IN KING COUNTY, WASHINGTON. DECLARATION KNOW ALL MEN BY THESE PRESENTS THAT WE THE UNDERSIGNED OWNER(S) OF THE LAND HEREIN DESCRIBED DO HEREBY MAKE A LOT LINE ADJUSTMENT THEREOF PURSUANT TO RCW 58.17.040 AND DECLARE THIS ADJUSTMENT TO BE THE GRAPHIC REPRESENTATION OF THE SAME. AND THAT SAID ADJUSTMENT IS MADE WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE OWNER(S). IN WITNESS WHEREOF WE HAVE SET OUR HANDS AND SEALS. CONNER HOMES COMPANY, A WASHINGTON CORPORATION BY: ITS: LAURELHURST COMMUNITY ORGANIZATION, A WASHINGTON NON-PROFIT CORPORATION BANK OF AMERICA, N.A., A NATIONAL BANKING ASSOCIATION, AS LENDER ONLY JILL SUZANNE CONNER, AS LENDER ONLY APPROVAL CITY OF RENTON APPROVED THIS J.JIt~ DAY OF 1!.~Ve\'\4btr_,200~ ~ ~\ fl~](MJ1f'kl} _~r p Y!"~ ~iMf_~«,"~ Pi~~~uilding/Public-';orks DepOwtient Adm in istrator KING COUNTY DEPARTMENT OF ASSESSMEN.TS Examined and approved this 2lJ ,day of .ty..l1.1' ~h~.L, 20 fJ..5 (-~ UI'.J \ \ d'~Y " )' ') ""lO i { I 1> J)\{., uJr .... , ,.It ,Jt J,.i"--_______ _ ---~-~-~-----------~--------t~-~ King County Assessor t[)eputy King County Assessor RECORDING NO. ACKNOWLEDGMENTS STATE OF WASHINGTON ) J/. )SS COUNTY OF __ ~_ ) I CERTIFY THAT I £Jow OR HAVE SATISFACTORY EVIDENCE THAT Joh~ R.. ~Il.~(e... IS THE PERSON THAT APPEARED BEFORE ME, AND SAID PERSON ACKNOWLEDGED THAT HE/SHE SIGNED THIS INSTRUM~T .0~!AlJ1.:tlATE~TI::lAj l1E/SHE WAS AUTHORIZED TO EXECUTE THE INSTRUMENT; AND ACKNOWLEDGED IT AS ljS5/6.~Vft;t t!!&i1-C~ OF CONNER HOMES COMPANY, A WASHINGTON CORPORATION, TO BE THE FREE AND VOLUNTARY ACT OF SUCH PARTY FOR THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT. STATE OF WASHINGTON ) )SS PRINTED NAME: (7d,~11~ NOTARY PUBLIC IN AND FO THE STATE OF WAS'fNGTON • / RESIDING AT .Jf.lttjl,Aht,IF" MY APPOINTMENT EXPIRES ", q. 01 COUNTY OF ,~ ) I CERTIFY THAT I KN W OR HAVE SATISFACTORY EVIDENCE THAT .-JOHVl R. Sk:oc.trApo(e IS THE PERSON THAT APPEARED BEFORE ME, AND SAID PERSON ACKNOWLEDGED THAT HE/SHE SIGNEd THIS INSTRUMENT; ON OA~A TED THAT HE/SHE WAS AUTHORIZED TO EXECUTE THE INSTRUMENT; AND ACKNOWLEDGED IT AS LtC OF LAURELHURST COMMUNITY ORGNIZATION, A WASHINGTON NON-PROFIT CORPO TION, TO BE THE FREE AND VOLUNTARY ACT OF SUCH PARTY FOR THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT. DATED: "'oJ~W)bl' IS. 2005. STATE OF WASHINGTON ) RESTRICTIONS 1. THIS SITE IS SUBJECT TO COVENANTS. CONDITIONS, RESTRICTIONS, EASEMENTS, NOTES, DEDICATIONS AND SETBACKS, IF ANY, AS SET FORTH IN OR DELINEATED ON THE PLAT OF LAURELHURST. PHASE 1, RECORDED IN VOLUME 227 OF PLATS. PAGES 69 THROUGH 78. RECORDED UNDER RECORDING NUMBER 20050419000480. 2, THIS SITE IS SUBJECT TO TO TERMS AND CONDITIONS THEREOF FOR A FENCE EASEMENT AS DISCLOSED BY INSTRUMENT UNDER RECORDING NO. 20050617002850. 3, THIS SITE IS SUBJECT TO RESERVATIONS AND EXCEPTIONS CONTAINED IN DEED AS DISCLOSED BY INSTRUMENT UNDER RECORDING NO. 192430. SAID RESERVATIONS WERE MODIFIED BY AGREEMENT BETWEEN NORTHERN PACIFIC RAILROAD AND LESTER A MORRIS AND SYLVIA A. MORRIS AS DISCLOSED BY INSTRUMENT UNDER RECORDING NO. 2837830. 4. THIS SITE IS SUBJECT TO COVENANTS. CONDITIONS. RESTRICTIONS, EASEMENTS AND LIABILITY FOR ASSESSMENTS AS DISCLOSED BY INSTRUMENT UNDER RECORDING NO. 20050419000481. NOTES 1. ALL TITLE INFORMATION SHOWN ON THIS MAP HAS BEEN EXTRACTED FROM CHICAGO TITLE INSURANCE COMPANY CERTIFICATE NUMBER 1175438, DATED SEPTEMBER 26, 2005. IN PREPARING THIS MAP, CORE DESIGN. INC. HAS CONDUCTED NO INDEPENDENT TITLE SEARCH NOR IS CORE DESIGN, INC. AWARE OF ANY TITLE ISSUES AFFECTING THE SURVEYED PROPERTY OTHER THAN THOSE SHOWN ON THE MAP AND DISCLOSED BY THE REFERENCED CHICAGO TITLE CERTIFICATE. CORE DESIGN, INC. HAS RELIED WHOLLY ON CHICAGO TITLE'S REPRESENTATIONS OF THE TITLE'S CONDITION TO PREPARE THIS SURVEY AND THEREFORE CORE DESIGN, INC. QUALIFIES THE MAP'S ACCURACY AND COMPLETENESS TO THAT EXTENT. 2. ALL SURVEY CONTROL INDICATED AS "FOUND" WAS RECOVERED FOR THIS PROJECT IN SEPTEMBER. 2005. 3. ALL DISTANCES ARE IN FEET. 4. THIS IS A FIELD TRAVERSE SURVEY. A SOKKIA FlVE SECOND COMBINED ELECTRONIC TOTAL STATION WAS USED TO MEASURE THE ANGULAR AND DISTANCE RELATIONSHIPS BETWEEN THE CONTROLLING MONUMENTATION AS SHOWN. CLOSURE RATIOS OF THE TRAVERSE MET OR EXCEEDED THOSE SPECIFIED IN WAC 332-130-090. ALL MEASURING INSTRUMENTS AND EQUIPMENT HAS BEEN MAINTAINED IN ADJUSTMENT ACCORDING TO MANUFACTURER'S SPECIFICATIONS WITHIN ONE YEAR OF THE DATE OF THIS SURVEY. 5. FOR ADDITIONAL SURVEY CONTROL AND TIES TO THE CITY OF f~ENTON'S SURVEY CONTROL NETWORK SEE THE PLA T OF LAURELHURST PHASE 1 RECORDED IN VOLUME 227 OF PLATS, PAGES 69-78, UNDER KING COUNTY RECORDING NUMBER 20050419000480, REFERENCE 1. )SS . CQUi~IY OF l(,01j ) """,,",~c~L~~~.,·" .. ", . "" ,'. ~",-',""-~,~"",.,.,, -,. I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT ....JlJu .. C. /3 erha.t'"l IS THE PERSON THAT APPEARED BEFORE ME, AND SAID PERSON ACKNOW~ THAT HE/SHE SIGNED THIS INSTRUMENT; ON OATH STATED THAT HE/SHE WAS AUTHORIZED TO EXECUTE THE INsmUMENT; AND ACKNOWLEDGED IT AS L. __ ', ____ " '.~" . _ " _, "" , vlCIT '.011>"",1" OF BANK OF AMERICA, N.A., A NATIONAL BANKING ASSOCIATION, TO BE THE FREE AND VOLUNTARY ACT OF SUCH PARTY FOR THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT. DA TED: -i/.yllw/L..7:-___ . 2005. I STATE OF WASHINGTON ) 1/, )SS COUNTY OF .K.i11J---) _~L.P~._ PRINTED NAME: Jw,{ie. L. 51<.4, ~" NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON..-I-h " ~~SI~~~~'~~EN T ~~-IR-ES ~q':::'f;"'T:'~'7"lzr;O"7;;;--- I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT JILL SUZANNE CONNER IS THE PERSON THAT APPEARED BEFORE ME, AND SAID PERSON ACKNOWLEDGED THAT SHE SIGNED THIS INSTRUMENT AND ACKNOWLEDGED IT TO BE HER FREE AND VOLUNTARY ACT FOR THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT. 11\\\\\\\ ~!J~- PRINTED NAME: hay LJ( cde/ NOTARY PUBLIC IN AND FOR THE STATE OF WASHIIjl.GWN ~ _ • r I RESIDING A T ~ I.,..JIt-\:~",~,~ .. ,~~..:.n~:--__ MY APPOINTMENT EXPIRES /I . .,. D ., LAND SURVEYOR'S CERTIFICATE RECORDER'S CERTIFICATE CONFORMED COPY This LOT LINE ADJUSTMENT correctly represents a survey made by me or und my direct'on in conformance with state a county s utes in SEPTEMBER, 2005. 20051122900008 CITY OF RENTON LLM 103 00 PAGE001 OF 002 . 11122/2005 14: 48 KING COUNTY, UA Certificate No. 37555 I Mgr. Supt. of Records cORE \; /DESIGN ENGINEERING PORTION OF 1471 1 NE 29th Place Suite 101 Bellevue, Washington 98007 425.885.7877 Fax 425.885.7963 PLANNING· SURVEYING OWN. BY ROW DATE JOB NO. CHKO. BY SJS 09/21/05 02052 SCALE SHEET 1 OF 2 1" --20' SCALE: o 10 20 40 .1 _1~~I~_=1~ BASIS OF BEARINGS THE PLAT OF LAURELHURST PHASE 1 RECORDED IN VOLUME 227 OF PLATS. PAGES 69-78, UNDER KING COUNTY RECORDING NUMBER 20050419000480, REF. 1. REFERENCES 1. THE PLAT OF LAURELHURST PHASE 1 RECORDED IN VOLUME 227 OF PLATS, PAGES 69-78, UNDER KING COUNTY RECORDING NUMBER 20050419000480. LEGEND ~ STANDARD CITY OF RENTON MONUMENT PER REF. 1 • SET 1/2" REBAR WITH PLASllC SUFlVEY CAP STAMPED "CORE 37555". :.: SET TACK IN LEAD WITH WASHER STAMPED "CORE 37555" ON LOT UNE EXTENDED AS NOTED. o FOUND 1/2" REBAR WITH PLASllC SURVEY CAP STAMPED "CORE 37555" PER. REF. 1 :0: FOUND TACK IN LEAD WITH WASHER PER REF. 1 18 --------------------- 17 CITY OF RENTON LOT LINE ADJUSTMENT LUA-05-123-LLA LNO-30-0298 I ~ . w . I 21' z OJ '.D r--: OJ ,., 0 n Z ,w 0 « 0 --1 I~ W 0 0 :r: z 0 21' N89'22'OO"W 151.00 N.E. 2ND PL. I I I I I I I I I I I I I I Sf. '\ I I I S\ ~\-\{>.: 1'0 I I I ~t-\..\-\I.)~ ~G. 69-oOOA-'OO I \..1"1.) 7.7.1, 0050A-'\9 I I 'l.JO\..\J,Bt-~ Z I I I ~f.C-~I.) I I I I I I I I I I I I 5' FENCE I -r-----r-EASEMENT 34 I I REC. NO ~ I 20050617002850 I ~-N89'22'OO"W I I I \ 95.00 I 21' I I I I I I ~ I I~-10' UTILITY E.'ISEIviENT 'I I I PER REF. 1 I l-~ . . , , 1 I I in 35 I I 1'0 I : i I PARCEL B I to I I I I \-'--11 ---..... II " 10' PRIVATE I DRAINAGE EASEMENT : I PER REF. 1 I I I I I f---r--4-I --35' 35' ~l / .' I I I I I '" . n I W > « --1 --.J « > I::J o 21 ' I I \11''jO..---..---..---..---I REIvIOVED / )"./ ..---/: '0'''::/0 'j / REtlAR I I '\"J'\..~ --OLD LOT LlNE~~ I cF:::~II_C8 ~..---./ -:'7"\..\.'\<.) NEW LOT LINE I /EXISTING -// t/·'0: ./ ,",,'0 NS9'22'OO"W 93. 94 Cl~:::: C7-.:::_E!:---,---:::\~-------------1--1, "-.-:> :... V \ / 'J.-'-~C2 REMOVED- EXISTING CURB PLUG I / __ -4#/ 6.311 \" NS9'22'OO"W 9116 'll \ " ------_ / f CA" -/__ _ TRACT G--PARCEL-A ----r) Os "'] 45.01 /_ c,D<. 4' SIDEWALK -, -_ EASEMEN r PER r~EF. 1 ______ NSS'16'13"W 15103 N.E. 1 ST CT. coRE \,; -/"DESIGN ----_. - 14711 NE 29th Place Suite 101 Bellevue, Washington 98007 425.885.7877 Pax 425.885.7963 ENGINEERING PLANNING· SURVEYING <:::17 - PORTION OF OWN. BY RDW CHKD. BY SJS DATE CURVE RADIUS DELTA ANGLE ARC LENGTH Cl 2S.00 10'46'47" 4.70 C2 25.00 21'30'52" 939 C3 25.00 80'18'59" 35.04 C4 2S.00 69'34'54" 30.35 2500 65'IS'06" 28.47 ~~----_. 76'06'28" C6 25.00 33.21 23~39'O7" ._--r-c-----C7 25.00 10.32 C8 25.00 12'47'45" 5.S8 AREA BEFORE AREA AFTER LLA LLA PARCEL 1,624± SO. FT 1,207± SO. FT. A 0.0373± AG. 0.0277± AC. PARCEL 6,838± SQ. FT. 7,255± SO. FT. B 0.1570± AC. 0.1665± AC. CITY OF RENTON ADDRESS PARCEL A NA PA~CEL 202 CHELAN CT. N.E. JOB NO. 09/21/05 02052 SCALE SHEET 1"=20' 2 OF 2 CITY OF RENTON LOT LINE ADJUSTMENT LUA-05-123-LLA LNO-30-0298 LEGAL DESCRIPTION LOT 35, AND TRACT "G". LAURELHURST. ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 227 OF PLATS. PAGES 69-78. IN KING COUNTY. WASHINGTON. DECLARATION KNOW ALL MEN BY THESE PRESENTS THAT WE THE UNDERSIGNED OWNER(S) OF THE LAND HEREIN DESCRIBED DO HEREBY MAKE A LOT LINE ADJUSTMENT THEREOF PURSUANT TO RCW 58.17.040 AND DECLARE THIS ADJUSTMENT TO BE THE GRAPHIC REPRESENTATION OF THE SAME. AND THAT SAID ADJUSTMENT IS MADE WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE OWNER(S). IN WITNESS WHEREOF WE HAVE SET OUR HANDS AND SEALS. CONNER HOMES COMPANY. A WASHINGTON CORPORA llON BY: ITS: LAURELHURST COMMUNITY ORGANIZATION, A WASHINGTON NON-PROFIT CORPORATION BANK OF AMERICA. N.A., A NATlONAL BANKING ASSOCIA TION, AS LENDER ONLY JILL SUZANNE CONNER, AS LENDER ONLY APPROVAL CITY OF RENTON APPROVED THIS '2.1~~ DAY OF l!.o~""~r_,20.e~ S' ~\ fO~.-H~H(kI)J~~!gy~~~ J.j~_~¥,"~ Pi~i~uilding/Public1Norks Dep~ent Adm in istrator KING COUNTY DEPARTMENT OF ASSESSMENTS Examined and approved this __ day of ________ , 20 __ King County Assessor Deputy King County Assessor RECORDING NO. ACKNOWLEDGMENTS STATE OF WASHINGTON ) //-)SS COUNTY OF _ill1~_ ) I CERllFY THAT I ~OW OR HAVE SAllSFACTORY EVIDENCE THAT Jo~~ R. ~Il.~~(c.... IS THE PERSON THAT APPEARED BEFORE ME, AND SAID PERSON ACKNOWLEDGED THAT HE/SHE SIGNED THIS INSTRUMEArr· _O~A 1(1, ~1A TE~dl::l.l\1i .HE/SHE WAS AUTHORIZED TO EXECUTE THE INSTRUMENT; AND ACKNOWLEDGED IT AS .t!SS,b~ VIet tI!&CU.,X OF CONNER HOMES COMPANY, A WASHINGTON CORPORAllON. TO BE THE FREE AND VOLUNTARY ACT OF SUCH PARTY FOR THE USES AND PURPOSES MENllONED IN THE INSTRUMENT. STATE OF WASHINGTON ) 1./ )SS ~~()~ PRINTED NAME: C4fAv 11tc.J""/!-/ NOTARY PUBLIC IN AND FOR THE STATE OF WA:~TON • I RESIDING AT I'ot /tr Aht. I r 1\ MY APPOINTMENT Ef~X.k.PlcR:.JES~~/:-':/"'::·"""q;;;-."""o=-.,.~-- COUNTY OF -..-l.\.l!1.i-) I CERTIFY THAT I KNYW OR HAVE SATISFACTORY EVIDENCE THAT ~~t,Vl R. S'k.octt"tpok. IS THE PERSON THAT APPEARED BEFORE ME, AND SAID PERSON ACKNOWLEDGED THAT HE/SHE SIGNE THIS INSTRUMENT; ON OA ;rATED THAT HE/SHE WAS AUTHORIZED TO EXECUTE THE INSTRUMENT; AND ACKNOWLEDGED IT AS OF LAURELHURST COMMUNITY ORGNIZATION. A WASHINGTON NON-PROFIT -::-C-=-OR~P':tO-E-I:~T~IO~Nc..., -=T::::O""""""::CB E::C-::TH:-:-=E-:F=R:-::E=E-A7":N":-:D:-VOLU N T ARY ACT OF SU CH P ARTY FOR TH E USES AN D PU RPOSES MEN TI ON ED IN THE INS1lRUMENT. DATED: "'oJ~W\b!r IS. 2005. STATE OF WASHINGTON ) (!,~ l1M4iPL PRINTED NAME:~o/ d~ NOTARY PUBLIC IN AND FO THE STATE OF WASH~GT°ittlh Jt,c/,.I RESIDING AT t A f; -" MY APPOINTMENT EXPIRES =. t:1. 0., )SS COUNTY OF k In, . ) I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT Jtl"tJ C. I~ ema...n IS THE PERSON THAT APPEARED BEFORE ME. AND SAID PERSON ACKNOWLEDGE TI-IAT HE/SHE SIGNED THIS INSTRUMENT; ON OA TH STATED THAT HE/SHE WAS AUTHORIZED TO EXECUnE THE INSTRUMENT; AND ACKNOWLEDGED IT AS viC" fll.lTSlf>,.-,..JT OF BANK OF AMERICA. N.A .• A .NAllONAL BANKING ASSOCIATION, TO BE THE FREE AND VOLUNTARY ACT OF SUCH PARTY FOR THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT. DATED:J1jJ....:.7 ____ • 2005. -rL.~ PRINTED NAME: ~c..td(e.. Lo S1<.a., tr) NOTARY PUBLIC IN AND FOR THE STATE OF WASHING1;0N r+h J RESIDING AT ND ~5""A MY APPOINTMENT EXPIRES 5/'01 7D7 .... U· .. '66 :\~ L. s/("t~"#. <l:J<:j ••••••••• Q~t~ os .·~o\l.M. C'-t...; •• ~, ~ ," . . ~ .. ~OTA~r \ £ . . .. \ *: _e_ : *:: ~a !'-..: i ~ ~ ... ~ PUSLIC '),.§>.: ~/: '\ 'f;-;:f..1ISER ~~: •• ~~o." STAnE OF WASHINGTON ) ~<! ". O·· .... ·~\~v ~~ iii )SS """ F WA51'.,~,tf' • 1.1""1111111' COUNTY OF n J ) I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT JILL SUZANNE CONNER IS THE PERSON THAT APPEARED BEFORE ME. AND SAID PERSON ACKNOWLEDGED THAT SHE SIGNED THIS INSTRUMENT AND ACKNOWLEDGED IT TO BE HER FREE AND VOLUNTARY ACT FOR THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT. \\\\\"" ~~ PRINTED NAME: etl#.~ /J( cdv- NOTARY PUBLIC IN AND FO THE STA TE OF WASHlt)l.GTON • I RESIDING AT .,.La ~""'ltl"/.f;-.. MY APPOINTMENT EXPIRES /I. q. eJ" RESTRICTIONS 1. THIS SITE IS SUBJECT TO COVENANTS. CONDIllONS. RESTRICTIONS, EASEMENTS, NOTES, DEDICAllONS AND SETBACKS. IF ANY. AS SET FORTH IN OR DELINEATED ON THE PLAT OF LAURELHURST. PHASE 1. RECORDED IN VOLUME 227 OF PLATS. PAGES 69 THROUGH 78. RECORDED UNDER RECORDING NUMBER 20050419000480. 2. Tl-IIS SITE IS SUBJECT TO TO TERMS AND CONDITIONS THEREOF FOR A FENCE EASEMENT AS DISCLOSED BY INSTRUMENT UNDER RECORDING NO. 20050617002850. 3. THIS SITE IS SUBJECT TO RESERVATIONS AND EXCEPTIONS CONTAINED IN DEED AS DISCLOSED BY INS1lRUMENT UNDER RECORDING NO. 192430. SAID RESERVATIONS WERE MODIFIED BY AGREEMENT BETWEEN NORTHERN PACIFIC RAILROAD AND LESTER A MORRIS AND SYLVIA A. MORRIS AS DISCLOSED BY INSTRUMENT UNDER RECORDING NO. 2837830. 4. THIS SITE IS SUBJECT TO COVENANTS, CONDITIONS. RESTRICTIONS. EASEMENTS AND LIABILITY FOR ASSESSMENTS AS DISCLOSED BY INSTRUMENT UNDER RECORDING NO. 20050419000481. NOTES 1. ALL TITLE INFORMATION SHOWN ON l1·IIS MAP HAS BEEN EXTRACTED FROM CHICAGO TITLE INSURANCE COMPANY CERTIFICATE NUMBER 1175438. DATED SEPTEMBER 26. 2005. IN PREPARING THIS MAP. CORE DESIGN. INC. HAS CONDUCTED NO INDEPENDENT TITLE SEArlCH NOR IS CORE DESIGN. INC. AWARE OF ANY TITLE ISSUES AFFECTING THE SURVEYED PROPERTY OTHER THAN THOSE SHOWN ON THE MAP AND DISCLOSED BY THE REFERENCED CHICAGO TITLE CERTIFICATE. CORE DESIGN, INC. HAS RELIED WHOLLY ON CHICAGO TITLE'S REPRESENTATIONS OF THE TITLE'S CONDITION TO PREPARE Tl-IIS SURVEY AND TI-IEREFORE CORE DESIGN. INC. QUALIFIES TI-IE MAP'S ACCURACY AND COMPLETENESS TO THAT EXTENT. 2. ALL SURVEY CON1lROL INDICATED AS "FOUND" WAS RECOVERED FOR THIS PROJECT IN SEPTEMBER, 2005. 3. ALL DISTANCES ARE IN FEET. 4. THIS IS A FIELD 1lRAVERSE SURVEY. A SOKKIA FIVE SECOND COMBINED ELECTRONIC TOTAL STATION WAS USED TO MEASURE THE ANGULAR AND DISTANCE RELATlONSHIPS BETWEEN THE CONTROLLING MONUMENTATlON AS SHOWN. CLOSURE RATIOS OF THE 1lRAVERSE MET OR EXCEEDED THOSE SPECIFIED IN WAC 332-130-090. ALL MEASURING INSTRUMENTS AND EQUIPMENT HAS BEEN MAINTAINED IN ADJUSTMENT ACCORDING TO MANUFACTURER'S SPECIFICATIONS WITHIN ONE YEAR OF THE DATE OF THIS SURVEY. 5. FOR ADDITlONAL SURVEY CONTROL AND TIES TO THE CITY OF HENTON'S SURVEY CONTROL NETWORK SEE THE PLA T OF LAURELHURST PHASE 1 RECORDED IN VOLUME 227 OF PLATS. PAGES 69-78, UNDER KING COUNTY RECORDING NUMBER 20050419000480, REFERENCE 1. cORE \,; /DESIGN ENGINEERING 1471 1 NE 29th Place Suite 101 Bellevue, Washington 98007 425.885.7877 Fax 425.885.7963 PLANNING· SURVEYING LAND SURVEYOR'S CERTIFICATE RECORUER'S CERTIFICATE fJORTION OF This LOT LINE ADJUSTMENT correctly represents a survey made by me or und my direct·on in conformance with state a county s utes in filed for record this ........... day of .........• 20 ....... Clt ...... M in book ........ . of ........ at page ......... at the request of _ ~~_1/4 of _~ .. \6~J/4, S.J_~ T._~~_ R.~ _ SEPTEMBER. 2005. STEPHEN J. SCHREI OWN. BY DATE JOB NO. RDW 09/21/05 02052 ................................... SURVEYOR'S NAME CHKD. BY SCALE SHEET Mgr. Supt. of Records SJS 1 OF 2 Certificate No. 37555 SCALE: 1" = 20' o 10 20 40 ~! ~! ~!-;;j BASIS OF BEARINGS ~~~~~==~~~~---------------,-THE PLAT OF LAURELHURST PHASE 1 RECOr~DED IN VOLUME 227 OF PLATS. PAGES 69-7B, UNDER KING COUNTY RECORDING NUMBER 20050419000480, REF. I. REFERENCES 1. THE PLAT OF LAURELHURST PHASE 1 RECORDED IN VOLUME 227 OF PLATS, PAGES 69-78, UNDER KING COUNTY RECORDING NUMBER 20050419000480. LEGEND ffi STANDARD CITY OF RENTON MONUMENT PER REF. 1 • SET 1/2" REBAR WlTH PLASTIC SURVEY CAP STAMPED "CORE 37555". )I( SET TACK IN LEAD WITH WASHER STAMPED 'CORE 37555" ON LOT UNE EXTENDED AS NOTED. o FOUND 1/2" REBAR WlTH PLASTlC SURVEY CAP STAMPED "CORE 37555" PER, REF. 1 :a: FOUND TACK IN LEAD WITH WASHER PER REF. 1 18 --------_.- 17 ---.~~ CITY OF RENTON LOT LINE ADJUSTMENT LUA-05-123-LLA LNO-30-0298 F-----.-----N89'22'OO"w 151.00 ------------ N.E. 2ND PL. I ~ . W . 21' z r: U z « .....J w I U 21' REMOVED- EXISTING CURB PLUG I 0> t[) ai r,) r') }Ll (') 0 I~ 0 0 z 21' I I I I I I I I I I I I I I Sf \ I I I S1 ?'r\~ 18 I I I Rf\...'r\\J?: ?G, 69-0004'00 I I I \...p..\J '}..'}..1. 00504\9 I \lO\..~BSR Z. I I RfC, ~\J I I I I I 1 1 1 1 I I 1 5' FENCE I -.-rr EASEMENT 34 I REC. NO I II 20050617002850 I I N89'22'OO"W I ~-r---~~~------------~~~~------________ -L __ ~ I I I 95.00 I I I I I I 1 -1 I' 10' UTILITY EASEMENT -j I 1 PER REF. 1 I I I I I 1-35 I Lf) I I Lf) I : I I PARCEL B I cD I 1 I I I I 1 ' 10' PRIVATE I DRAINAGE EASEMENT 1 I 1 PER REF. 1 I 1 I) I ~~~ I N r') r": co 35' 35' I I 11"1",=,°------...... ---I REMOVED I I '\:)"t .. ~...... OLD LOT LI~IE:4~ I ,k,I·E8 '> ~ ~ c7-,NEW LOT LINE I /EXISTING / ) ........... ...... E;'='t) '=' " REBAR ,-_/' ~-~ t' ...--'0'0 N89'22'00"W 9.3.94 Ck:::: \ C7 .. --"C_'>5---'; -::;:\.L......____ --------------J-~~" --,\....-J./ _-~C2 :.:_2' ...-\ \ / ' , 6.31 \ \" N89'22'00"W 91.16 yl \ ";"-------. / I C',:,''.. --__ TRACT-G---PARCEL-A -----G') Cs ~ 'J ' 45.01 /-G'" 4' SIDEWALK - EASEMENT PER f<EF. 1 ______ ~ _N88'16'13"W 151.03 ---_._- N.E. 1 ST CT. IJ1L.rh~ ~' -~ CORE \: /DESIGN ENGINEERING· 14711 NE 29th Place Suite 10 I Bellevue, Washington 98007 425.885.7877 Fax 425.885.7963 PLANNING SURVE}'ING --l / / I I \ 1 aJ 7 N v tr) 1 }Ll 0 .0 OJ ~ 0 0 z , \ --\ I I 1 I · W · Z · w > « .....J .....J « > =:) 0 -'}t\ _ 'V' PORTION OF DWN. BY ROW CHKO. BY SJS DATE CURVE C1 C2 C3 C't C5 C6 C7 C8 PARCEL A PARCEL B RADIUS DELTA ANGLE ARC LENGTH 25.00 10'46'47" 4.70 25.00 21'30'52" 9.39 25.00 80'18'59" 35.04 25.00 69'34'54" 30.36 25.00 65'15'06" 28.47 25.00 76'06'28" 33.21 25.00 23'39'OT 10.32 25.00 12'47'45" 5.58 AREA BEFORE AREA AFTER LLA LLA 1,624± SO. FT 1,207± SO. FT. 0.0373± AC. 0.0277± AC. 6,838± SO. FT. 7,255± SQ. FT. 0.1570± AC. 0.1665± AC. CITY OF r,ENTON ADDRESS PARCEL A NA PARCEL 202 CHELAN CT. N,E. B JOB NO. 09/21/05 02052 SCALE SHEET 1 "=20' 2 OF 2 < o I '-...... IJ » GJ [Tl '. . " .. ..... " v 2 MARTIN'S (20) 3 AGR e UN R EG, SHDP o -~ (2) 1079069 ® 4 .... _--~ TRAG C'v , . C0 0D -.------GJ :;: 30 ~--j 8 2 3 4 21 i i , , S.E. 5 6 20 68 67 S.E. ~ /0 /I NEIGHBORHOOD DETAIL MAP LAURELHURST 29 RENTON, WASHINGTON CONNER HOMES CORE DESIGN INC., ENGINEERING' PLANNING' SURVEYING CORE NO. 020B2 OCTOBER 4, 2005 ,.1),91 AG. Ef)/O D 0.) « oJ o (I) ( 2) 4.32 Ac. " (3) (4) 1.50 AG. @ 2.30Ac. @ cf.6I AC= ... ;iI.d':I--_______ .h"~'__ ____ . _ _I ~J 01. ~32 2.30Ac. 4.61 Ac. @ : .. 8.10 Ac. CD 10 9 8 7 t: <J) w z > ® 2 l u <! oJ N @ .' 4.%Ac. 4.94 AG. (2) 4 5 6 7 'S·t. 133RD ST. 20 21 22 23 24 25 \34TH 5T.· • S.c.· 40 41 /35TH ST. e 50 51 52 53 54 64 63 6~ 61 60 59 .I,' ·O~ " , ' (2) (AI ® e S.P. 080059 R S.P 574002 . I ,I 4 00 e> '0 e .. 2U0031 (21@ . ' .. (31 S.P. 406036 (2) SP. 883036 28 29 32 /J.!Ml, 1.35 AG. U' ® F ~AG RE ------.---.-----I , " , ' , I , ' c 1 S . " o ' " 0 I I I I 15 'OJ iVlaplewood N e i ghborhOOd 12 " [) IJH10 ~ 65 48 "fi£J ® 3 (.) "",,(Ii'S)"1 II-----'=---t..!''','..,' ~c--l W 64 49 4 13 16 Par k ID 9 8 7 , " 6 5 Il4.0l Il~.Qt , . 1·1 o. I 1 " " , , , 23 'I': l1.S • "I 21 , I----~ f----i 19 IIW