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Home My WebLink About3 - Title Report 1.Policy or Policies to be issued: Proposed Insured: Title to the estate or interest in the land is at the effective date ALTA Owner's Policy 2. Proposed Insured: ALTA Loan Policy The estate or interest in the land which is covered by this Commitment is: 3. 4.The land referred to in this Commitment is described as follows: Amount: Premium: Tax: Amount: Premium: Tax: Policy or Policies to be issued: ALTA Loan Policy Amount: Premium: Tax:Proposed Insured: hereof vested in: COMMA805/KLC/11.1.05 SCHEDULE A Commitment Effective Date: A.L.T.A. COMMITMENT Order No.: at Phone: Fax: Title Unit: Officer: Policy or Policies to be issued: Customer Number: Buyer(s): CHICAGO TITLE COMPANY U-06 701 FIFTH AVENUE, #2300, SEATTLE, WA 98104 (206)628-5610 (206)628-9717 HAINEY/CAMPBELL/EISENBREY/URMSTON/MILLER 1354998 CARMAX NBU 00002510-57 CARMAX AUTO SUPERSTORES WEST COAST, INC NOVEMBER 17, 2014 8:00 A.M. $9,250,000.00 $13,107.00 $ 1,245.17 EXTENDED POLICY (6/17/2006) OWNERS EXTENDED RATE / NON-RESIDENTIAL PRIOR POLICY RATE COMBINATION RATE $0.00 CARMAX AUTO SUPERSTORES WEST COAST, INC., A VIRGINIA CORPORATION FEE SIMPLE EASTGATE THEATRE, INC., AN OREGON CORPORATION SEE ATTACHED LEGAL DESCRIPTION EXHIBIT $0.00 SECOND COMMITMENT SCHEDULE A A.L.T.A. COMMITMENT Order No.: Your No.: (Continued) LEGAL DESCRIPTION EXHIBIT CLTACMA6/RDA/0999 (Paragraph 4 of Schedule A continuation) CHICAGO TITLE COMPANY 1354998CARMAX NBU 00002510-57 LOT 3, BURLINGTON NORTHERN, A BINDING SITE PLAN, (BSP-014-92) ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 161 OF PLATS, PAGES 8 THROUGH 11, INCLUSIVE, IN KING COUNTY, WASHINGTON, EXCEPT THAT PORTION OF LOT 3, OF SAID BINDING SITE PLAN, LYING NORTH OF A LINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY LINE OF LOT 3 THAT IS 23.80 FEET SOUTH OF THE NORTHEAST CORNER OF LOT 3, OF SAID BINDING SITE PLAN, THENCE NORTH 88°09'51" WEST A DISTANCE OF 875.52 FEET, MORE OR LESS, TO A POINT ON THE WESTERLY LINE OF SAID LOT 3 AND THE TERMINUS OF THIS DESCRIPTION, SAID POINT OF TERMINUS BEING 80.88 FEET SOUTH OF THE ORIGINAL NORTHWEST CORNER OF LOT 3; ALSO KNOWN AS NEW LOT 3 OF CITY OF RENTON LOT LINE ADJUSTMENT NUMBER LUA-94-157-LLA, RECORDED UNDER KING COUNTY RECORDING NUMBER 9511299006; SITUATED IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. CHICAGO TITLE COMPANY 1354998CARMAX NBU 00002510-57 SCHEDULE B A.L.T.A. COMMITMENT Order No.: Your No.: GENERAL EXCEPTIONS SPECIAL EXCEPTIONS FOLLOW WLTACOMB bk 05/17/07 Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. A.Rights or claims of parties in possession, or claiming possession, not shown by the Public Records. B.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. C.Easements, prescriptive rights, rights-of-way, liens or encumbrances, or claims thereof, not shown by the Public Records. D.Any lien, or right to a 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. E.Taxes or special assessments which are not yet payable or which are not shown as existing liens by the Public Records. F.Any lien for service, installation, connection, maintenance, tap, capacity, or construction or similar charges for sewer, water, electricity, natural gas or other utilities, or for garbage collection and disposal not shown by the Public Records. G.Unpatented mining claims, and all rights relating thereto; reservations and exceptions in United States Patents or in Acts authorizing the issuance thereof; Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes. H.Water rights, claims or title to water. I.Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the Public Records, or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. CHICAGO TITLE COMPANY 1354998 CARMAX NBU 00002510-57 SCHEDULE B A.L.T.A. COMMITMENT Order No.:Your No.: (Continued) SPECIAL EXCEPTIONS CLTACMB1/RDA/0999 CHICAGO TITLE COMPANY 001354998 CE F.ANY LIEN FOR SERVICE, INSTALLATION, CONNECTION, MAINTENANCE, TAP, CAPACITY, OR CONSTRUCTION OR SIMILAR CHARGES FOR SEWER, WATER, ELECTRICITY, NATURAL GAS OR OTHER UTILITIES, OR FOR GARBAGE COLLECTION AND DISPOSAL. A 1.EASEMENT PROVISIONS CONTAINED IN THE PLAT OF BURLINGTON NORTHERN ORILLIA INDUSTRIAL PARK OF RENTON, DIVISION I, AS FOLLOWS: A LANDSCAPING AND UTILITY EASEMENT IS HERE RESERVED 15 FEET IN WIDTH ADJOINING EAST VALLEY HIGHWAY AND S.W. 43RD STREET AND 10 FEET IN WIDTH ADJOINING ALL OTHER STREETS SHOWN HEREON. B SAID EASEMENT ALSO APPEARS OF RECORD UNDER LOT LINE ADJUSTMENT RECORDED UNDER RECORDING NUMBER 8602139001, AND BINDING SITE PLAN RECORDED UNDER RECORDING NUMBER 9206302696, AND LOT LINE ADJUSTMENT RECORDED UNDER RECORDING NUMBER 9511299006. C NOTE: OTHER EASEMENTS SHOWN ON THE FACE OF THE PLAT OF BURLINGTON NORTHERN ORILLIA INDUSTRIAL PARK OF RENTON, DIVISION I, HAVE BEEN RELEASED AS TO SAID PREMISES BY INSTRUMENTS RECORDED UNDER RECORDING NUMBERS 9206230604, 9206302692, 9206302695 & 9207150861. D 2.EASEMENT AS DELINEATED AND/OR DEDICATED ON THE FACE OF THE LOT LINE ADJUSTMENT RECORDED UNDER RECORDING NUMBER 8602139001. PURPOSE:LANDSCAPE AND UTILITY AREA AFFECTED:A STRIP OF LAND 10 FEET IN WIDTH ADJOINING S.W. 41ST STREET E 3.EASEMENT AS DELINEATED AND/OR DEDICATED ON THE FACE OF THE BINDING SITE PLAN. PURPOSE:UTILITY AREA AFFECTED:A STRIP OF LAND 20 FEET IN WIDTH ALONG THE SOUTHERLY BOUNDARY OF WEST 394.27 FEET F NOTE: SAID EASEMENT IS ALSO DELINEATED AND/OR DEDICATED ON THE FACE OF THE LOT LINE ADJUSTMENT RECORDED UNDER RECORDING NUMBER SCHEDULE B A.L.T.A. COMMITMENT Order No.:Your No.: (Continued) SPECIAL EXCEPTIONS CLTACMB2/RDA/0999 CHICAGO TITLE COMPANY 1354998 CARMAX NBU 00002510-57 9511299006. G 4.EASEMENT AS DELINEATED AND/OR DEDICATED ON THE FACE OF THE BINDING SITE PLAN. PURPOSE:NOT DISCLOSED AREA AFFECTED:A STRIP OF LAND 10 FEET IN WIDTH ADJOINING EAST LINE OF LOT 4 AND NORTH LINE OF LOTS 4 AND 6 H NOTE: SAID EASEMENT IS ALSO DELINEATED AND/OR DEDICATED ON THE FACE OF THE LOT LINE ADJUSTMENT RECORDED UNDER RECORDING NUMBER 9511299006 AND IS IDENTIFIED AS "UTILITY". I 5.EASEMENT AS DELINEATED AND/OR DEDICATED ON THE FACE OF THE BINDING SITE PLAN. PURPOSE:ACCESS AND UTILITY AREA AFFECTED:THAT STRIP OF LAND OF LOT 3 LYING BETWEEN LOTS 4 AND 6 J NOTE: SAID EASEMENT IS ALSO DELINEATED AND/OR DEDICATED ON THE FACE OF THE LOT LINE ADJUSTMENT RECORDED UNDER RECORDING NUMBER 9511299006. K 6.EASEMENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE:ROADWAYS, WALKWAYS, INGRESS AND EGRESS, ACCESS; PARKING AND USE OF FACILITIES INSTALLED AREA AFFECTED:COMMON AREA AS LOCATED AND DESCRIBED ON THE ATTACHED SITE PLAN OF SAID INSTRUMENT RECORDED:JUNE 30, 1992 RECORDING NUMBER:9206302702 L SAID EASEMENT HAS BEEN MODIFIED BY MODIFICATION RECORDED UNDER RECORDING NUMBER 9602081399. CHICAGO TITLE COMPANY 1354998 CARMAX NBU 00002510-57 SCHEDULE B A.L.T.A. COMMITMENT Order No.:Your No.: (Continued) SPECIAL EXCEPTIONS CLTACMB2/RDA/0999 M SAID INSTRUMENT CONTAINS PROVISIONS FOR BEARING THE COST OF MAINTENANCE, REPAIR OR RECONSTRUCTION OF THE RECIPROCAL EASEMENTS BY THE USERS. N 7.EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE:CITY OF RENTON PURPOSE:PUBLIC UTILITIES AREA AFFECTED:STRIP OF LAND 15 FEET IN WIDTH DESCRIBED IN SAID INSTRUMENT RECORDED:NOVEMBER 20, 1995 RECORDING NUMBER:9511200895 O NOTE: SAID EASEMENT IS ALSO DELINEATED AND/OR DEDICATED ON THE FACE OF THE LOT LINE ADJUSTMENT RECORDED UNDER RECORDING NUMBER 9511299006. P 8.EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE:CITY OF RENTON PURPOSE:ACCESS, INGRESS AND EGRESS TO INSPECT THE WETLANDS AREA AREA AFFECTED:DRIVEWAYS AND ROADWAYS RECORDED:NOVEMBER 20, 1995 RECORDING NUMBER:9511200895 Q 9.EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE:CITY OF RENTON PURPOSE:INGRESS AND EGRESS, UTILITY AND DRAINAGE AND TEMPORARY GRADING AREA AFFECTED:NORTHERLY PORTION AS DELINEATED RECORDED:NOVEMBER 20, 1995 RECORDING NUMBER:9511200895 R NOTE ON MAP ATTACHED TO SAID INSTRUMENT "EASEMENT IS RESERVED UPON RECORDING OF THIS DOCUMENT". S NOTE: SAID EASEMENT IS ALSO DELINEATED AND/OR DEDICATED ON THE FACE CHICAGO TITLE COMPANY 1354998 CARMAX NBU 00002510-57 SCHEDULE B A.L.T.A. COMMITMENT Order No.:Your No.: (Continued) SPECIAL EXCEPTIONS CLTACMB2/RDA/0999 OF THE LOT LINE ADJUSTMENT RECORDED UNDER RECORDING NUMBER 9511299006. T 10.EASEMENT AND THE TERMS AND CONDITIONS THEREOF: DISCLOSED BY:MAP ATTACHED TO SAID INSTRUMENT PURPOSE:UTILITY AFFECTS:EAST 10 FEET RECORDED:NOVEMBER 20, 1995 RECORDING NUMBER:9511200895 U NOTE: SAID EASEMENT IS ALSO DELINEATED AND/OR DEDICATED ON THE FACE OF THE LOT LINE ADJUSTMENT RECORDED UNDER RECORDING NUMBER 9511299006. V 11.EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE:CITY OF RENTON PURPOSE:SIDEWALK AREA AFFECTED:SOUTH AND EAST 15 FEET OF SAID LOT RECORDED:SEPTEMBER 18, 1996 RECORDING NUMBER:9609181459 W 12.EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE:CITY OF RENTON PURPOSE:UTILITIES AREA AFFECTED:STRIP OF LAND 15 FEET IN WIDTH DESCRIBED IN SAID INSTRUMENT RECORDED:SEPTEMBER 18, 1996 RECORDING NUMBER:9609181461 X 13.EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE:CITY OF RENTON PURPOSE:WETLANDS PRESERVATION AND MONITORING AREA AFFECTED:PORTIONS DESCRIBED AND DELINEATED IN SAID INSTRUMENT RECORDED:SEPTEMBER 18, 1996 CHICAGO TITLE COMPANY 1354998 CARMAX NBU 00002510-57 SCHEDULE B A.L.T.A. COMMITMENT Order No.:Your No.: (Continued) SPECIAL EXCEPTIONS CLTACMB2/RDA/0999 RECORDING NUMBER:9609181463 Y 14.DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS AND GRANT OF EASEMENTS AND QUIT CLAIM OF CERTAIN PARKING EASEMENTS: BY AND BETWEEN:HCWA REALTY CORP., A WASHINGTON CORPORATION AND:EASTGATE THEATRE, INC., AN OREGON CORPORATION RECORDED:FEBRUARY 8, 1996 RECORDING NUMBER:9602081398 Z 15.RESERVATIONS CONTAINED IN DEEDS: RECORDED:MARCH 7, 1955 RECORDING NUMBERS:4547626, 4547627, 4547628, 4547629, 4547630, 4547631 AND 4547632, INCLUSIVE AS FOLLOWS: RESERVING UNTO THE FIRST PARTY THE RIGHT TO RETAIN 50 PER CENT OF ANY AND ALL ROYALTIES WHICH MAY BE DERIVED FROM ALL OIL PRODUCED ON OR FROM SAID PROPERTY. AA AFFECTS: PORTION OF SAID PREMISES IN NORTHEAST QUARTER OF NORTHWEST QUARTER OF SECTION 31, TOWNSHIP 23 N, RANGE 5 EAST. W.M. AB 16.COVENANTS, CONDITIONS AND RESTRICTIONS 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 EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW: RECORDED:MAY 4, 1981 RECORDING NUMBER:8105040070 CHICAGO TITLE COMPANY 1354998 CARMAX NBU 00002510-57 SCHEDULE B A.L.T.A. COMMITMENT Order No.:Your No.: (Continued) SPECIAL EXCEPTIONS CLTACMB2/RDA/0999 AC AFFECTS: PORTION OF THE SOUTH 24 FEET OF LOT 3 WHICH IS WITHIN THE ORIGINAL LOT 6 OF BURLINGTON NORTHERN ORILLIA INDUSTRIAL PARK OF RENTON AD 17.RESTRICTIONS CONTAINED IN THE PLAT OF BURLINGTON NORTHERN ORILLIA INDUSTRIAL PARK OF RENTON, DIVISION I, RECORDED IN VOLUME 108 OF PLATS, PAGES 12 AND 13, AS FOLLOWS: NO TRACT OR PORTION OF A TRACT IN THIS PLAT SHALL BE DIVIDED AND SOLD OR RESOLD OR OWNERSHIP CHANGED OR TRANSFERRED WHERE BY THE OWNERSHIP OF ANY PORTION OF THIS PLAT SHALL BE LESS THAN THE AREA REQUIRED FOR THE USE DISTRICT IN WHICH LOCATED. AE NOTE: OTHER RESTRICTIONS SHOWN ON THE FACE OF THE PLAT OF BURLINGTON NORTHERN ORILLIA INDUSTRIAL PARK OF RENTON, DIVISION I, HAVE BEEN RELEASED AS TO SAID PREMISES BY INSTRUMENT RECORDED UNDER RECORDING NUMBER 9206302694. AF 18.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 EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW: RECORDED:JUNE 30, 1992 RECORDING NUMBER:9206302702 AG AMENDMENT AND/OR MODIFICATION OF SAID RESTRICTIONS: RECORDED:FEBRUARY 8, 1996 RECORDING NUMBER:9602081399 DR IT IS OUR UNDERSTANDING THAT A MODIFICATION OF THE ABOVE INSTRUMENT WILL BE RECORDED AT CLOSING. THE FOLLOWING NOTE WILL APPEAR IN THE POLICY: CHICAGO TITLE COMPANY 1354998 CARMAX NBU 00002510-57 SCHEDULE B A.L.T.A. COMMITMENT Order No.:Your No.: (Continued) SPECIAL EXCEPTIONS CLTACMB2/RDA/0999 SAID INSTRUMENT HAS BEEN MODIFIED BY SECOND AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT RECORDED UNDER RECORDING NUMBER _____________. AH 19.DEDICATION CONTAINED IN THE PLAT OF BURLINGTON NORTHERN ORILLIA INDUSTRIAL PARK OF RENTON, DIVISION I, AS FOLLOWS: KNOW ALL MEN BY THESE PRESENTS THAT WE, THE UNDERSIGNED, OWNERS IN FEE SIMPLE OF THE LAND HEREBY PLATTED, HEREBY DECLARE THIS PLAT AND DEDICATE TO THE PUBLIC FOREVER, ALL ROADS, EASEMENTS AND WAYS SHOWN HEREON WITH THE RIGHT TO MAKE ALL NECESSARY SLOPES FOR CUTS AND FILLS, AND THE RIGHT TO CONTINUE TO DRAIN SAID ROADS AND WAYS OVER AND ACROSS ANY LOT OR LOTS, WHERE WATER MIGHT TAKE A NATURAL COURSE, IN THE ORIGINAL REASONABLE GRADING OF THE ROADS AND WAYS SHOWN HEREON. FOLLOWING THE ORIGINAL REASONABLE GRADING OF THE ROADS AND WAYS SHOWN HEREON, NO DRAINAGE WATERS ON ANY LOT OR LOTS SHALL BE DIVERTED OR BLOCKED FROM THEIR NATURAL COURSE SO AS TO DISCHARGE UPON ANY PUBLIC RIGHTS OF WAY OR TO HAMPER PROPER DRAINAGE. ANY ENCLOSING OF DRAINAGE WATERS IN CULVERTS OR DRAINS OR RE-ROUTING THEREOF ACROSS ANY LOT, AS MAY BE UNDERTAKEN BY OR FOR THE OWNER OF ANY LOT, SHALL BE DONE BY AND AT THE EXPENSE OF SUCH OWNER. AI 20.DEDICATION CONTAINED IN THE PLAT OF BURLINGTON NORTHERN, A BINDING SITE PLAN, AS FOLLOWS: KNOW ALL MEN BY THESE PRESENTS THAT WE, THE UNDERSIGNED, OWNERS IN FEE SIMPLE OF THE LAND HEREBY PLATTED, HEREBY DECLARE THIS PLAT AND DEDICATE TO THE PUBLIC FOREVER, ALL ROADS, EASEMENTS AND WAYS SHOWN HEREON WITH THE RIGHT TO MAKE ALL NECESSARY SLOPES FOR CUTS AND FILLS, AND THE RIGHT TO CONTINUE TO DRAIN SAID ROADS AND WAYS OVER AND ACROSS ANY LOT OR LOTS, WHERE WATER MIGHT TAKE A NATURAL COURSE, IN THE ORIGINAL REASONABLE GRADING OF THE ROADS AND WAYS SHOWN HEREON. AJ 21.NOTES CONTAINED ON THE FACE OF THE BINDING SITE PLAN AS FOLLOWS: DEVELOPMENT OR CONSTRUCTION OF ANY IMPROVEMENTS UPON THE REAL PROPERTY HEREIN DESCRIBED SHALL BE IN ACCORDANCE WITH THE BINDING SITE PLAN APPROVED BY THE CITY OF RENTON ON MAY 21, 1992, AND THE (FINAL PLAT) (FINAL PLANNED UNIT DEVELOPMENT) APPROVED BY THE CITY OF RENTON ON N/A, 19__. THIS BINDING SITE PLAN AND ALL OF ITS REQUIREMENTS SHALL BE LEGALLY CHICAGO TITLE COMPANY 1354998 CARMAX NBU 00002510-57 SCHEDULE B A.L.T.A. COMMITMENT Order No.:Your No.: (Continued) SPECIAL EXCEPTIONS CLTACMB2/RDA/0999 ENFORCEABLE ON ANY PURCHASER OR OTHER PERSON ACQUIRING AN INTEREST IN THE WITHIN DESCRIBED REAL PROPERTY AND ALL PORTIONS OF THE PROPERTY IN THIS BINDING SITE PLAN ARE SUBJECT TO SETBACK REQUIREMENTS OF CITY OF RENTON SUBDIVISION ORDINANCE. AK AFFECTS: INCLUDES OTHER PROPERTY AL 22.AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BY:HCWA REALTY CORP., A WASHINGTON CORPORATION RECORDED:NOVEMBER 20, 1995 RECORDING NUMBER:9511200897 REGARDING:BUILDING LOCATION AM AFFECTS: INCLUDES OTHER PROPERTY AN 23.CONDEMNATION OF ACCESS TO STATE HIGHWAY NUMBER 5 (EAST VALLEY HIGHWAY) AND OF LIGHT, VIEW AND AIR BY KING COUNTY DECREE TO THE STATE OF WASHINGTON: ENTERED:MARCH 20, 1995 SUPERIOR COURT CAUSE NUMBER:570903 AO SAID "CONDEMNATION OF ACCESS" ALSO APPEARS OF RECORD IN BINDING SITE PLAN RECORDED UNDER RECORDING NUMBER 9206302696 AND LOT LINE ADJUSTMENT RECORDED UNDER RECORDING NUMBER(S) 9511299006. AP 24.RELEASE OF ACCESS TO S.W. 41ST STREET BY DEED TO THE STATE OF WASHINGTON: RECORDED:MAY 8, 1980 RECORDING NUMBER:8005080581 AQ SAID "RELEASE OF ACCESS" ALSO APPEARS OF RECORD IN BINDING SITE PLAN RECORDED UNDER RECORDING NUMBER 9206302696 AND LOT LINE ADJUSTMENT RECORDED UNDER RECORDING NUMBER(S) 9511299006. CHICAGO TITLE COMPANY 1354998 CARMAX NBU 00002510-57 SCHEDULE B A.L.T.A. COMMITMENT Order No.:Your No.: (Continued) SPECIAL EXCEPTIONS CLTACMB2/RDA/0999 AR 25.PAYMENT OF THE REAL ESTATE EXCISE TAX, IF REQUIRED. THE PROPERTY DESCRIBED HEREIN IS SITUATED WITHIN THE BOUNDARIES OF LOCAL TAXING AUTHORITY OF CITY OF RENTON. PRESENT RATE IS 1.78%. ANY CONVEYANCE DOCUMENT MUST BE ACCOMPANIED BY THE OFFICIAL WASHINGTON STATE EXCISE TAX AFFIDAVIT. THE APPLICABLE EXCISE TAX MUST BE PAID AND THE AFFIDAVIT APPROVED AT THE TIME OF THE RECORDING OF THE CONVEYANCE DOCUMENTS. (NOTE: A DEED EXEMPT FROM EXCISE TAX IS STILL SUBJECT TO THE $5.00 TECHNOLOGY FEE AND AN ADDITIONAL $5.00 AFFIDAVIT PROCESSING FEE). BX 26.GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER 1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES): YEAR:2014 TAX ACCOUNT NUMBER:125360-0030-03 LEVY CODE:2100 ASSESSED VALUE-LAND:$ 5,884,000.00 ASSESSED VALUE-IMPROVEMENTS:$ 3,616,000.00 GENERAL & SPECIAL TAXES:BILLED: $ 135,843.10 PAID: $ 135,843.10 UNPAID: $ 0.00 AT 27.DEED OF TRUST AND ASSIGNMENT OF RENTS AND/OR LEASES, AND THE TERMS AND CONDITIONS THEREOF: GRANTOR:EASTGATE THEATRE, INC., AN OREGON CORPORATION TRUSTEE:FIRST AMERICAN TITLE INSURANCE COMPANY BENEFICIARY:LEHMAN COMMERCIAL PAPER INC., A NEW YORK CORPORATION AMOUNT:$ SEE DOCUMENT DATED:JANUARY 29, 2002 CHICAGO TITLE COMPANY 1354998 CARMAX NBU 00002510-57 SCHEDULE B A.L.T.A. COMMITMENT Order No.:Your No.: (Continued) SPECIAL EXCEPTIONS CLTACMB2/RDA/0999 RECORDED:MARCH 4, 2002 RECORDING NUMBER:20020304001994 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. AU ASSIGNMENT OF SAID DEED OF TRUST: DATED:JULY 8, 2004 RECORDED:AUGUST 23, 2004 RECORDING NUMBER:20040823001359 ASSIGNEE:CREDIT SUISSE FIRST BOSTON AV MODIFICATION OF DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: DATED:JULY 8, 2004 RECORDED:AUGUST 23, 2004 RECORDING NUMBER:20040823001360 AW MODIFICATION OF DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: DATED:APRIL 15, 2011 RECORDED:APRIL 22, 2011 RECORDING NUMBER:20110422000786 AX 28.UNRECORDED LEASEHOLDS, IF ANY, RIGHTS OF VENDORS AND HOLDERS OF SECURITY INTERESTS ON PERSONAL PROPERTY INSTALLED UPON SAID PROPERTY AND RIGHTS OF TENANTS TO REMOVE TRADE FIXTURES AT THE EXPIRATION OF THE TERM. AY 29.THE PROPOSED CONVEYANCE MUST BE AUTHORIZED BY RESOLUTION OF THE DIRECTORS OF THE FOLLOWING NAMED CORPORATION AND A COPY SUBMITTED: EASTGATE THEATRE, INC., AN OREGON CORPORATION. BE 30.RIGHT, TITLE AND INTEREST OF ACT III THEATRES, PRESUMED BY THE KING CHICAGO TITLE COMPANY 1354998 CARMAX NBU 00002510-57 SCHEDULE B A.L.T.A. COMMITMENT Order No.:Your No.: (Continued) SPECIAL EXCEPTIONS CLTACMB2/RDA/0999 COUNTY TAX ROLLS TO HAVE AN INTEREST IN SAID PREMISES. BF NOTE: SAID INTEREST, IF ANY, IS SUBJECT TO THE FOLLOWING MATTER(S) SHOWN AT PARAGRAPH(S) 31 AND 32. BG 31.THE PROPOSED CONVEYANCE MUST BE AUTHORIZED BY RESOLUTION OF THE DIRECTORS OF THE FOLLOWING NAMED CORPORATION AND A COPY SUBMITTED: ACT III THEATRES BH 32.WE FIND NO CORPORATION UNDER THE NAME OF ACT III THEATRES ON THE LIST OF ACTIVE CORPORATIONS IN THE OFFICE OF THE SECRETARY OF STATE. IT MAY NOT BE A LEGAL ENTITY CAPABLE OF HOLDING AN INTEREST IN REAL PROPERTY. EVIDENCE OF THE EXISTENCE OF SAID CORPORATION MUST BE SUBMITTED. DK 33.THIS PARAGRAPH HAS BEEN INTENTIONALLY OMITTED. DL 34.THIS PARAGRAPH HAS BEEN INTENTIONALLY OMITTED. BB 35.THE LEGAL DESCRIPTION IN THIS COMMITMENT IS BASED ON INFORMATION PROVIDED WITH THE APPLICATION AND THE PUBLIC RECORDS AS DEFINED IN THE POLICY TO ISSUE. THE PARTIES TO THE FORTHCOMING TRANSACTION MUST NOTIFY THE TITLE INSURANCE COMPANY PRIOR TO CLOSING IF THE DESCRIPTION DOES NOT CONFORM TO THEIR EXPECTATIONS. BC 36.IMPORTANT!! THIS TRANSACTION HAS NOT BEEN APPROVED FOR INSURANCE AGAINST UNRECORDED LABOR AND MATERIAL LIEN RIGHTS NOR FOR MATTERS THAT COULD BE DISCLOSED BY AN ACCURATE AND COMPLETE SURVEY OF THE LAND. YOU MAY NOT CLOSE UNTIL YOU HAVE RECEIVED A SUPPLEMENTAL FROM THE TITLE UNIT ADDRESSING THIS PARAGRAPH! TO PROVIDE AN EXTENDED COVERAGE OWNER'S POLICY GENERAL EXCEPTIONS A THROUGH D WILL BE CONSIDERED WHEN OUR INSPECTION AND/OR REVIEW OF SURVEY, IF REQUIRED, IS COMPLETED. GENERAL EXCEPTIONS E THROUGH H WILL REMAIN IN THE OWNER'S POLICY TO ISSUE. A SUPPLEMENTAL COMMITMENT WILL FOLLOW. IF THE ANTICIPATED CLOSING DATE IS LESS THAN 4 WEEKS FROM THE DATE OF THIS COMMITMENT, PLEASE CONTACT YOUR TITLE OFFICER IMMEDIATELY. DO 37.THIS PARAGRAPH HAS BEEN INTENTIONALLY OMITTED. CHICAGO TITLE COMPANY 1354998 CARMAX NBU 00002510-57 SCHEDULE B A.L.T.A. COMMITMENT Order No.:Your No.: (Continued) SPECIAL EXCEPTIONS CLTACMB2/RDA/0999 CA 38.MATTERS DISCLOSED BY A SURVEY OF SAID PREMISES BY PACE, DATED FEBRUARY 11, 2014, UNDER JOB NO. 13520.10 AS FOLLOWS: A. LOCATION OF FENCES IN RELATION TO THE NORTH, WEST, AND SOUTHWEST LINES, AND ANY ADVERSE RIGHTS STEMMING THEREFROM. BI NOTE 1: ANY MAP FURNISHED WITH THIS COMMITMENT IS FOR CONVENIENCE IN LOCATING THE LAND INDICATED HEREIN WITH REFERENCE TO STREETS AND OTHER LAND. NO LIABILITY IS ASSUMED BY REASON OF RELIANCE THEREON. BJ NOTE 2: EFFECTIVE JANUARY 1, 1997, DOCUMENT FORMAT AND CONTENT REQUIREMENTS HAVE BEEN IMPOSED BY WASHINGTON LAW. FAILURE TO COMPLY WITH THE FOLLOWING REQUIREMENTS MAY RESULT IN REJECTION OF THE DOCUMENT BY THE COUNTY RECORDER OR IMPOSITION OF A $50.00 SURCHARGE. FOR DETAILS OF THESE STATEWIDE REQUIREMENTS PLEASE VISIT THE KING COUNTY RECORDER'S OFFICE WEBSITE AT WWW.KINGCOUNTY.GOV/BUSINESS/RECORDERS.ASPX AND SELECT ONLINE FORMS AND DOCUMENT STANDARDS. THE FOLLOWING MAY BE USED AS AN ABBREVIATED LEGAL DESCRIPTION ON THE DOCUMENTS TO BE RECORDED TO COMPLY WITH THE REQUIREMENTS OF RCW 65.04. SAID ABBREVIATED LEGAL DESCRIPTION IS NOT A SUBSTITUTE FOR A COMPLETE LEGAL DESCRIPTION WHICH MUST ALSO APPEAR IN THE BODY OF THE DOCUMENT: LOT 3 CITY OF RENTON LOT LINE ADJUSTMENT REC. # 9511299006. BK NOTE 3: THE PREMIUM FOR THE EXTENDED COVERAGE OWNER'S POLICY IS ITEMIZED AS FOLLOWS: DESCRIPTION AMOUNT STANDARD COVERAGE:$ 9,437.00 SALES TAX:$ 896.52 EXTENDED COVERAGE SURCHARGE:$ 3,670.00 SALES TAX ON SURCHARGE:$ 348.65 TOTAL PREMIUM, INCLUDING TAX:$ 14,352.17 CHICAGO TITLE COMPANY 1354998 CARMAX NBU 00002510-57 SCHEDULE B A.L.T.A. COMMITMENT Order No.:Your No.: (Continued) SPECIAL EXCEPTIONS CLTACMB2/RDA/0999 YOUR INVOICE, TO FOLLOW, WILL CONTAIN THE FOLLOWING CHARGES: INSPECTION CHARGE:$ 230.00 SALES TAX:$ 21.85 TOTAL CHARGES, INCLUDING TAX:$ 14,604.02 BM NOTE 4: IN THE EVENT THE OWNER'S POLICY COVERAGE IS CHANGED FROM EXTENDED TO STANDARD COVERAGE A CHARGE OF $230.00, PLUS $21.85 SALES TAX, WILL BE ADDED TO COVER THE COSTS RELATING TO THE EXTENDED COVERAGE INSPECTION. END OF SCHEDULE B CHICAGO TITLE COMPANY 1354998 CARMAX NBU 00002510-57