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HomeMy WebLinkAboutL_Title_Report_222810_v1.PDFThis page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance (08/01/2016)Printed: 09.23.20 @ 04:44 PM Page 1 WA-CT-FBCM-02150.622476-SPS-1-20-203664-SC ALTA COMMITMENT FOR TITLE INSURANCE Commitment Number: Issued By agent: 203664-SC NOTICE IMPORTANT - READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and the Commitment Conditions, Chicago Title Insurance Company, a Florida corporation (the "Company"), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I-Requirements have not been met within one hundred eighty (180) days after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end. Chicago Title Insurance Company By: Countersigned By: Authorized Officer or Agent President Attest: Secretary This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance (08/01/2016)Printed: 09.23.20 @ 04:44 PM Page 2 WA-CT-FBCM-02150.622476-SPS-1-20-203664-SC CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT NO.203664-SC Transaction Identification Data for reference only: ISSUING OFFICE:FOR SETTLEMENT INQUIRIES, CONTACT: Title Officer: Seattle Commercial Unit 1 Chicago Title Company of Washington 701 5th Avenue, Suite 2700 Seattle, WA 98104 Main Phone: (206)628-5610 Email: WA-Commercial@ctt.com Escrow Officer: Jun Lu Chicago Title 10500 NE 8th St., Suite 600 Bellevue, WA 98004 Main Phone: (425)455-4995 Main Fax: (425)646-9154 Email: Jun.Lu@ctt.com Order Number:203664-SC SCHEDULE A 1. Commitment Date: September 17, 2020 at 08:00 AM 2. Policy to be issued: (a)ALTA Owner's Policy 2006 -Extended Proposed Insured:Purchaser with contractual rights under a purchase agreement with the vested owner identified at Item 4 below Proposed Policy Amount:$100,000.00 Premium: $859.00 Tax: $86.76 Total: $945.76 (b)ALTA Loan Policy 2006 -Extended / Simultaneous Loan Rate Proposed Insured:Lender with contractual obligations under a loan agreement with the vested owner identified at Item 4 below or a purchaser Proposed Policy Amount:$100,000.00 Premium: $250.00 Tax: $25.25 Total: $275.25 3. The estate or interest in the Land described or referred to in this Commitment is: A fee simple estate, as to Parcels A and B; and An easement interest, as to Parcels A-1 and B-1 4. The Title is, at the Commitment Date, vested in: Highland Shopping Center LLC, a Washington limited liability company 5. The Land is described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF END OF SCHEDULE A EXHIBIT "A" Legal Description This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance (08/01/2016)Printed: 09.23.20 @ 04:44 PM Page 3 WA-CT-FBCM-02150.622476-SPS-1-20-203664-SC Parcel A: Lot 1, City of Renton Lot Line Adjustment Number LLA-007-82, recorded July 7, 1982 under recording number 8207079005, in King County, Washington. Parcel A-1: An easement for ingress, egress and parking created by document recorded under Recording Number 8206300214, as amended by amendments recorded under Recording Numbers 8303020380, 9511200306, 9605240990, 9703070889 and 20141216001099. Parcel B: Lots 1 and 2, Union Avenue Safeway, a Binding Site Plan, according to the plat thereof, recorded in Volume 176 of Plats, Pages 84 through 88, in King County, Washington; EXCEPT that portion of Lot 1, as conveyed to the City of Renton, by Warranty Deed recorded under recording number 20120525001748; and EXCEPT that portion of Lot 2, as conveyed to the City of Renton, By Warranty Deed recorded under recording number 20120525001745. Parcel B-1: A reciprocal easement for ingress, egress and parking created by document recorded under Recording Number 8206300214, as amended by amendments recorded under Recording Numbers 8303020380, 9511200306, 9605240990, 9703070889 and 20141216001099. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance (08/01/2016)Printed: 09.23.20 @ 04:44 PM Page 4 WA-CT-FBCM-02150.622476-SPS-1-20-203664-SC CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT NO.203664-SC SCHEDULE B, PART I REQUIREMENTS All of the following Requirements must be met: 1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2. Pay the agreed amount for the estate or interest to be insured. 3. Pay the premiums, fees, and charges for the Policy to the Company. 4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. 5.Additional requirements and/or exceptions may be added as details of the transaction are disclosed to, or become known by the Company. 6.Furnish recording instructions with the documents to be recorded in this transaction. Said instructions must address each requirement made herein, list any endorsements to be issued with the policy and specify the recording order of any documents furnished. The Company reserves the right to add additional items or make further requirements after review of the requested instructions prior to recording the documents or issuing any requested endorsement. The Company also reserves the right to charge any applicable additional fees for any endorsement requested. CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT NO.203664-SC SCHEDULE B, PART I REQUIREMENTS (continued) This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance (08/01/2016)Printed: 09.23.20 @ 04:44 PM Page 5 WA-CT-FBCM-02150.622476-SPS-1-20-203664-SC 7.Payment of the real estate excise tax, if required. The Land is situated within the boundaries of local taxing authority of City of Renton. CAUTION: Washington has a graduated excise tax rate for sales occurring on or after 1/1/2020 for most properties, although a flat rate applies to properties formally classified and specially valued as timberland or agricultural land on the day of closing. The rate of real estate excise tax to a sale on or after 1/1/2020 for properties which are not formally classified and specially valued as timberland or agricultural land is: State portion: 1.10% on any portion of the sales price of $500,000 or less; 1.28% on any portion of the sales price above $500,000, up to $1,500,000; 2.75% on any portion of the sales price above $1,500,000, up to $3,000,000; 3.00% on any portion of the sales price above $3,000,000; Local portion: 0.50% on the entire sales price. An additional $5.00 State Technology Fee must be included in all excise tax payments. If the transaction is exempt, an additional $5.00 Affidavit Processing Fee is required. 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: Real Estate Excise Tax Affidavits must be printed as legal size forms). CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT NO.203664-SC SCHEDULE B, PART I REQUIREMENTS (continued) This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance (08/01/2016)Printed: 09.23.20 @ 04:44 PM Page 6 WA-CT-FBCM-02150.622476-SPS-1-20-203664-SC 8.The Company will require the following documents for review prior to the issuance of any title insurance predicated upon a conveyance or encumbrance from the entity named below. Limited Liability Company: Highland Shopping Center LLC a. A copy of its operating agreement, if any, and any and all amendments, supplements and/or modifications thereto, certified by the appropriate manager or member. b. If a domestic Limited Liability Company, a copy of its Articles of Organization and all amendment thereto with the appropriate filing stamps. c. If the Limited Liability Company is member-managed a full and complete current list of members certified by the appropriate manager or member. d. A current dated certificate of good standing from the proper governmental authority of the state in which the entity was created e. If less than all members, or managers, as appropriate, will be executing the closing documents, furnish evidence of the authority of those signing. The Company reserves the right to add additional items or make further requirements after review of the requested documentation. 9.The Proposed Policy Amount(s) must be increased to the full value of the estate or interest being insured, and any additional premium must be paid at that time. An Owner’s policy should reflect the purchase price or full value of the Land. A Loan Policy should reflect the loan amount or value of the property as collateral. Proposed Policy Amount(s) will be revised and premiums charged consistent therewith when the final amounts are approved. 10.For each policy to be issued as identified in Schedule A, Item 2; the Company shall not be liable under this commitment until it receives a designation for a Proposed Insured, acceptable to the Company. As provided in Commitment Condition 4, the Company may amend this commitment to add, among other things, additional exceptions or requirements after the designation of the Proposed Insured. CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT NO.203664-SC SCHEDULE B, PART I REQUIREMENTS (continued) This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance (08/01/2016)Printed: 09.23.20 @ 04:44 PM Page 7 WA-CT-FBCM-02150.622476-SPS-1-20-203664-SC 11.TO PROVIDE THE EXTENDED COVERAGE POLICY AND/OR ALTA HOMEOWNER’S POLICY IDENTIFIED IN SCHEDULE A, GENERAL EXCEPTIONS A THROUGH D WILL BE CONSIDERED WHEN OUR INSPECTION AND/OR REVIEW OF SURVEY, IF REQUIRED, IS COMPLETED. A SUPPLEMENTAL COMMITMENT WILL FOLLOW. If there have been recent improvements on the property within 90 days prior to closing we will require a signed indemnity agreement and a recent financial statement from each indemnitor. If construction financing is to be insured, please contact the title officer for requirements. The Company reserves the right to add additional exceptions or make further requirements after review of the property inspection and requested documentation. Additional requirements and/or exceptions may be added as details of the transaction are disclosed to, or become known by the Company. 12.A completed owner’s affidavit (form to be supplied by the Company) will be required in connection with issuance of the policy(ies) shown in Schedule A. 13.The Company will require an ALTA/ACSM LAND TITLE SURVEY. If the owner of the Land the subject of this transaction is in possession of a current ALTA/ACSM LAND TITLE SURVEY, the Company will require that said survey be submitted for review and approval; otherwise, a new survey, satisfactory to the Company, must be prepared by a licensed land surveyor and supplied to the Company prior to the close of escrow. The Company reserves the right to add additional items or make further requirements after review of the requested documentation. 14.The application for title insurance was placed by reference to only a street address or tax identification number. The proposed Insured must confirm that the legal description in this report covers the parcel(s) of Land requested to be insured. If the legal description is incorrect, the proposed Insured must notify the Company and/or the settlement company in order to prevent errors and to be certain that the legal description for the intended parcel(s) of Land will appear on any documents to be recorded in connection with this transaction and on the policy of title insurance. END OF REQUIREMENTS NOTES The following matters will not be listed as Special Exceptions in Schedule B of the policy. There will be no coverage for loss arising by reason of the matters listed below because these matters are either excepted or excluded from coverage or are not matters covered under the insuring provisions of the policy. CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT NO.203664-SC SCHEDULE B, PART I REQUIREMENTS (continued) This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance (08/01/2016)Printed: 09.23.20 @ 04:44 PM Page 8 WA-CT-FBCM-02150.622476-SPS-1-20-203664-SC Note A:Notice: Please be aware that due to the conflict between federal and state laws concerning the cultivation, distribution, manufacture or sale of marijuana, the Company is not able to close or insure any transaction involving Land that is associated with these activities. Note B:Note: FOR INFORMATIONAL PURPOSES ONLY: The following may be used as an abbreviated legal description on the documents to be recorded, per Amended RCW 65.04.045. Said abbreviated legal description is not a substitute for a complete legal description within the body of the document: Lot 1, City of Renton Lot Line Adjustment recorded under recording no. 8207079005; and Ptns of Lots 1 & 2, Volume 176 of Plats, Pages 84-88. Tax Account Nos.: 102305-9128-04, 880500-0010-08 and 880500-0020-06 Note C:Note: The Public Records indicate that the address of the improvement located on said Land is as follows: 4110 NE 4th St Renton, WA 98059 Note D:Note: This map/plat is being furnished as an aid in locating the herein described Land in relation to adjoining streets, natural boundaries and other land. Except to the extent a policy of title insurance is expressly modified by endorsement, if any, the Company does not insure dimensions, distances or acreage shown thereon. END OF NOTES END OF SCHEDULE B, PART I This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance (08/01/2016)Printed: 09.23.20 @ 04:44 PM Page 9 WA-CT-FBCM-02150.622476-SPS-1-20-203664-SC CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT NO.203664-SC SCHEDULE B, PART II EXCEPTIONS THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN. The Policy will not insure against loss or damage resulting from the terms and provisions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company: GENERAL EXCEPTIONS A. Rights or claims of parties in possession, or claiming possession, not shown by the Public Records. B. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. C. Easements, prescriptive rights, rights-of-way, liens or encumbrances, or claims thereof, not shown by the Public Records. D. Any lien, or right to 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. H. Reservations and exceptions in United States Patents or in Acts authorizing the issuance thereof. I. Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes. J. Water rights, claims or title to water. K. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records or is created, attaches, or is disclosed between the Commitment Date and the date on which all of the Schedule B, Part I—Requirements are met. CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT NO.203664-SC SCHEDULE B, PART II EXCEPTIONS (continued) This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance (08/01/2016)Printed: 09.23.20 @ 04:44 PM Page 10 WA-CT-FBCM-02150.622476-SPS-1-20-203664-SC SPECIAL EXCEPTIONS 1.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Postal Telegraph Cable Co. Purpose: Telegraph lines and poles with right to trim trees on property adjoining Recording Date: November 23, 1910 Recording No.: 717661 Affects: The description contained therein is not sufficient to determine its exact location within the property herein described. 2.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Pacific Telephone and Telegraph Company Purpose: Pole line Recording Date: June 5, 1946 Recording Nos.: 3575606, 3575607 and 3575608 Affects: Portions of said premises Said easements have been modified by partial releases of easement recorded under recording nos. 5828524, 8411210162 and 8411210163. 3.Right to make necessary slopes for cuts or fills upon property herein described as granted or reserved in deed: In favor of: King County Recording Date: June 10, 1964 Recording No.: 5746659 4.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Purpose: Ingress and egress Recording Date: October 21, 1971 Recording No.: 7110210021 Affects: A portion of Parcel A as described in document 5.Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: October 21, 1971 Recording No.: 7110210022 CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT NO.203664-SC SCHEDULE B, PART II EXCEPTIONS (continued) This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance (08/01/2016)Printed: 09.23.20 @ 04:44 PM Page 11 WA-CT-FBCM-02150.622476-SPS-1-20-203664-SC 6.Covenants, conditions, restrictions and easements but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: June 30, 1982 Recording No.: 8206300214 Modification(s) of said covenants, conditions and restrictions by first amendment thereto: Recording Date: March 2, 1983 Recording No.: 8303020380 Modification(s) of said covenants, conditions and restrictions by second amendment thereto: Recording Date: November 20, 1995 Recording No.: 9511200306 Said amendment is a re-recording of amendment recorded under recording no. 9409120665. Modification(s) of said covenants, conditions and restrictions by third amendment thereto: Recording Date: May 24, 1996 Recording No.: 9605240990 Modification(s) of said covenants, conditions and restrictions by fourth amendment thereto: Recording Date: March 7, 1997 Recording No.: 9703070889 Modification(s) of said covenants, conditions and restrictions by fifth amendment thereto: Recording Date: December 16, 2014 Recording No.: 20141216001099 7.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Puget Sound Power & Light Company, a Washington corporation Purpose: Electric transmission and/or distribution system together with all necessary or convenient appurtenances Recording Date: June 30, 1982 Recording No.: 8206300216 Affects: A portion of said Parcel A as described and delineated in document CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT NO.203664-SC SCHEDULE B, PART II EXCEPTIONS (continued) This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance (08/01/2016)Printed: 09.23.20 @ 04:44 PM Page 12 WA-CT-FBCM-02150.622476-SPS-1-20-203664-SC 8.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Puget Sound Power & Light Company, a Washington corporation Purpose: Underground electric transmission and/or distribution system together with all necessary or convenient appurtenances Recording Date: January 25, 1983 Recording No.: 8301250477 Affects: A portion of Parcel A as described in document 9.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Pacific Northwest Bell Telephone Company, a Washington corporation Purpose: Underground communication lines, conduit and telephone pole Recording Date: March 22, 1983 Recording No.: 8303220984 Affects: A portion of said premises and other property as described in document 10.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Purpose: Sanitary sewer and appurtenances Recording Date: May 2, 1983 Recording No.: 8305020211 Affects: Portions of Parcel A as described and delineated in document 11.Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: July 27, 1983 Recording No.: 8307271099 Said document is a re-recording of instrument recorded under recording no. 8305160165. CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT NO.203664-SC SCHEDULE B, PART II EXCEPTIONS (continued) This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance (08/01/2016)Printed: 09.23.20 @ 04:44 PM Page 13 WA-CT-FBCM-02150.622476-SPS-1-20-203664-SC 12.An instrument entitled: Sewer Grade Release and the terms and conditions thereof Executed by: Safeway Stores, Incorporated In favor of: City of Renton Recording Date: November 4, 1983 Recording No.: 8311040541 Which among other things provides: Releasing the City of Renton from all future claims for damages resulting from non-conforming side sewer connection. Reference is hereby made to said document for full particulars. 13.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: City of Renton, a municipal corporation Purpose: Public utilities (including water and sewer) with necessary appurtenances Recording Date: November 4, 1983 Recording No.: 8311040550 Affects: A portion of Parcel A as described in document 14.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: City of Renton, a municipal corporation Purpose: Maintenance, repair and replacement of the existing twenty-four (24") storm drainage line Recording Date: December 5, 1983 Recording No.: 8312050539 Affects: A portion of Parcel A and other property 15.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: City of Renton, a municipal corporation Purpose: Public utilities (including water and sewer) with necessary appurtenances Recording Date: December 5, 1983 Recording No.: 8312050544 Affects: A portion of said premises and other property as described and delineated in document 16.Agreement and Conveyance and the terms and conditions thereof: Executed by: City of Renton, a municipal corporation, and Fairfield Developments, Inc. Recording Date: November 18, 1987 Recording No.: 8711180730 Regarding: Utilties systems CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT NO.203664-SC SCHEDULE B, PART II EXCEPTIONS (continued) This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance (08/01/2016)Printed: 09.23.20 @ 04:44 PM Page 14 WA-CT-FBCM-02150.622476-SPS-1-20-203664-SC 17.Extension of Private Developer Held Latecomer Agreements and the terms and conditions thereof: Recording Date: June 13, 1994 Recording No.: 9406130332 18.Water Line Agreement and the terms and conditions thereof: Executed by: Windsor Place Associates, a Washington limited partnership; Union Square Associates; Delbert C. Bennett and Bette A. Bennett, husband and wife; and Landon Odyssey Liquidating Trust Recording Date: March 31, 1988 Recording No.: 8803311186 19.Agreement and the terms and conditions thereof: Executed by: Windsor Place Associates, a Washington limited partnership; and Fairfield Developments, Inc., a Washington corporation Recording Date: April 6, 1988 Recording No.: 8804060843 Regardomg" Release of easements 20.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: City of Renton, a municipal corporation Purpose: Public water utilities with necessary appurtenances Recording Date: January 17, 1990 Recording No.: 9001170372 Affects: A portion of Parcel B as described and delineated in document 21.Notice of Agreement to Share Costs of Off-Site Storm Sewer System and the terms and conditions thereof: Executed by: Union Square Associates; and Fairfield Developments, Inc. Recording Date: June 7, 1990 Recording No.: 9006070627 22.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Pacific Northwest Bell Telephone Company, a Washington corporation Purpose: Underground communication lines Recording Date: November 20, 1991 Recording No.: 9111201401 Affects: A portion of Parcel B as described in document CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT NO.203664-SC SCHEDULE B, PART II EXCEPTIONS (continued) This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance (08/01/2016)Printed: 09.23.20 @ 04:44 PM Page 15 WA-CT-FBCM-02150.622476-SPS-1-20-203664-SC 23.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Puget Sound Power & Light Company, a Washington corporation Purpose: Underground electric system together with all necessary or convenient appurtenances Recording Date: November 4, 1994 Recording No.: 9411040819 Affects: A portion of Parcel B Note: The description contained in the above instrument is not sufficient to determine its exact location within the property herein described. 24.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Washington Natural Gas Company, a Washington corporation Purpose: Gas pipeline or pipelines and appurtenances Recording Date: December 5, 1994 Recording No.: 9412050925 Affects: A portion of said premises as described in document 25.Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: June 15, 1995 Recording No.: 9506150055 26.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: City of Renton, a municipal corporation Purpose: Public utilities (including water, wastewater and surface water) with necessary appurtenances Recording Date: January 12, 1996 Recording No.: 9601120806 Affects: A portion of Parcel B as described and delineated in document 27.Covenants, conditions, restrictions, recitals, reservations, easements, easement provisions, dedications, building setback lines, notes, statements, and other matters, if any, but omitting any covenants or restrictions, if any, including but not limited to those 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, as set forth on the plat of Union Avenue Safeway, a Binding Site Plan, recorded in Volume 176 of Plats, Pages 84 through 88: Recording No: 9605151340 CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT NO.203664-SC SCHEDULE B, PART II EXCEPTIONS (continued) This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance (08/01/2016)Printed: 09.23.20 @ 04:44 PM Page 16 WA-CT-FBCM-02150.622476-SPS-1-20-203664-SC 28.City of Renton Ordinance No. 4612 and the terms and provisions thereof: Recording Date: June 21, 1996 Recording No.: 9606210966 Regarding: Establishment of an assessment district for sanitary sewer service in a portion of the South Highlands, Heather Downs, and Maplewood sub-basins and establishing the amount of the charge upon connection to the facilities. 29.Encroachment Agreement and the terms and conditions thereof: Between: Village Seattle Partners And: City of Renton Recording Date: September 9, 1996 Recording No.: 9609090899 Regarding: Allowing for encroachment of canopy upon easements benefitting the City of Renton 30.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Purpose: Drainage Recording Date: June 11, 1997 Recording No.: 9706111127 Affects: Portions of Parcel B and other property as described in document Said easement contains provisions for bearing the cost of maintenance, repair or reconstruction of the drainage system by the users. 31.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Puget Sound Energy, Inc., a Washington corporation Purpose: Guy wires, anchor poles and anchors with any and all necessary appurtenances Recording Date: July 20, 2006 Recording No.: 20060720000604 Affects: A portion of Parcel B as described in document 32.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: City of Renton, a municipal corporation Purpose: Utilities Recording Date: May 25, 2012 Recording No.: 20120525001747 Affects: A portion of Lot 2 of Parcel B as described and delineated in document CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT NO.203664-SC SCHEDULE B, PART II EXCEPTIONS (continued) This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance (08/01/2016)Printed: 09.23.20 @ 04:44 PM Page 17 WA-CT-FBCM-02150.622476-SPS-1-20-203664-SC 33.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Puget Sound Energy, Inc., a Washington corporation Purpose: One or more utility systems for transmission, distribution and sale of gas Recording Date: February 13, 2014 Recording No.: 20140213000620 Affects: A portion of Parcel B as described in document 34.Any rights, interests, or claims which may exist or arise by reason of the following matters disclosed by unrecorded survey: Prepared by: Bock & Clark's National Surveyors Network Dated: March 11, 2016, last revised March 15, 2016 Project No.: 2016000528-001 Matters shown: A) Variations between location of fence and Northerly line of Parcel A. B) Private improvements (not specified on survey) lie within area designated public right of way on Amended Plat of Bremerton Gardens. C) Curbs and landscaped areas extend into right of way for Union Ave. N.E. D) Fences along or near Southerly and Easterly lines of Parcel B, Lot 2. Said matters also are disclosed by recitals contained in Statutory Warranty Deed recorded under recording no. 20160414000781. 35.Liability for Sewer Treatment Capacity Charges, if any, affecting certain areas of King, Pierce and Snohomish Counties. Said charges could apply to property connecting to the metropolitan sewerage facilities or reconnecting or changing its use and/or structure after February 1, 1990. Please contact the King County Wastewater Treatment Division, Capacity Charge Program, for further information at 206-296-1450 or Fax No. 206-263-6823 or email at CapChargeEscrow@kingcounty.gov. * A map showing sewer service area boundaries and incorporated areas can be found at: http://www.kingcounty.gov/services/gis/Maps/vmc/Utilities.aspx Unrecorded Sewer Capacity Charges are not a lien on title to the Land. NOTE: This exception will not appear in the policy to be issued. CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT NO.203664-SC SCHEDULE B, PART II EXCEPTIONS (continued) This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance (08/01/2016)Printed: 09.23.20 @ 04:44 PM Page 18 WA-CT-FBCM-02150.622476-SPS-1-20-203664-SC 36.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: 2020 Tax Account No.: 102305-9128-04 Levy Code: 2100 Assessed Value-Land: $3,254,100.00 Assessed Value-Improvements: $9,243,000.00 General and Special Taxes: Billed: $149,497.62 Paid: $74,748.81 Unpaid: $74,748.81 Affects: Parcel A 37.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: 2020 Tax Account No.: 880500-0010-08 Levy Code: 2100 Assessed Value-Land: $807,100.00 Assessed Value-Improvements: $1,433,700.00 General and Special Taxes: Billed: $25,961.07 Paid: $12,980.54 Unpaid: $12,980.53 Affects: Parcel B CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT NO.203664-SC SCHEDULE B, PART II EXCEPTIONS (continued) This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance (08/01/2016)Printed: 09.23.20 @ 04:44 PM Page 19 WA-CT-FBCM-02150.622476-SPS-1-20-203664-SC 38.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: 2020 Tax Account No.: 880500-0020-06 Levy Code: 2100 Assessed Value-Land: $569,000.00 Assessed Value-Improvements: $1,302,700.00 General and Special Taxes: Billed: $21,879.74 Paid: $10,939.87 Unpaid: $10,939.87 Affects: Parcel C 39.An unrecorded lease with certain terms, covenants, conditions, restrictions and provisions set forth therein as disclosed by the document: Entitled: Memorandum of Lease Lessor: Henry Buys, as his separate estate, Bart L. Kooyman and Helena Kooyman, husband and wife, and The Buys Family Partnership, a California general partnership Lessee: AutoZone Development Corporation, a Nevada corporation Recording Date: July 28, 2011 Recording No.: 20110728001208 An agreement recorded April 14, 2016 at Recording No.: 20160414000784 which states that said unrecorded lease was subordinated to the document or interest described in the instrument: Recording Date: April 14, 2016 Recording No.: 20160414000782 40.Subordination, Nondisturbance and Attornment Agreement, and the terms and conditions thereof: Lender: Morgan Stanley Bank, N.A., a national banking association Tenant: AutoZone Development Corporation, a Nevada corporation Landlord: Highland Shopping Center LLC, a Washington limited liability company Recording Date: April 14, 2016 Recording No.: 20160414000784 CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT NO.203664-SC SCHEDULE B, PART II EXCEPTIONS (continued) This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance (08/01/2016)Printed: 09.23.20 @ 04:44 PM Page 20 WA-CT-FBCM-02150.622476-SPS-1-20-203664-SC 41.A deed of trust and security agreement to secure an indebtedness in the amount shown below Amount: $11,800,000.00 Dated: April 14, 2016 Trustor/Grantor: Highland Shopping Center LLC, a Washington limited liability company Trustee: Chicago Title Company of Washington Beneficiary: Morgan Stanley Bank, N.A., a national banking association Recording Date: April 14, 2016 Recording No.: 20160414000782 By various assignments, the beneficial interest thereunder is now held of record in: Assignee: Wilmington Trust, National Association, as Trustee for Morgan Stanley Bank of America Merrill Lynch Trust 2016-C29, Commercial Mortgage Pass-Through Certificates, Series 2016-C29 Recording Date: May 17, 2016 Recording No.: 20160517000734 42.Assignment of Leases and Rents: Assigned to: Morgan Stanley Bank, N.A., a national banking association Assigned by: Highland Shopping Center LLC, a Washington limited liability company Recording Date: April 14, 2016 Recording No.: 20160414000783 By various assignments, the beneficial interest thereunder is now held of record in: Assignee: Wilmington Trust, National Association, as Trustee for Morgan Stanley Bank of America Merrill Lynch Trust 2016-C29, Commercial Mortgage Pass-Through Certificates, Series 2016-C29 Recording Date: May 17, 2016 Recording No.: 20160517000735 43.A financing statement as follows: Debtor: Highland Shopping Center LLC, a Washington limited liability company Secured Party: Morgan Stanley Bank, N.A., a national banking association Recording Date: April 14, 2016 Recording No.: 20160414000785 A change to the above financing statement was filed: Nature of Change: Assignment Assignee: Morgan Stanley Mortgage Capital Holdings LLC Recording Date: May 17, 2016 Recording No.: 20160517000733 CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT NO.203664-SC SCHEDULE B, PART II EXCEPTIONS (continued) This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance (08/01/2016)Printed: 09.23.20 @ 04:44 PM Page 21 WA-CT-FBCM-02150.622476-SPS-1-20-203664-SC A change to the above financing statement was filed: Nature of Change: Assignment Assignee: Wilmington Trust, National Association, as Trustee for Morgan Stanley Bank of America Merrill Lynch Trust 2016-C29, Commercial Mortgage Pass-Through Certificates, Series 2016-C29 Recording Date: May 17, 2016 Recording No.: 20160517000736 44.An unrecorded lease with certain terms, covenants, conditions, restrictions and provisions set forth therein as disclosed by the document: Entitled: Memorandum of Lease Lessor: Henry Buys, as his separate estate; Bart L. Kooyman, as his separate estate; Bart L. Kooyman, as his separate estate; Marion Kooyman, as her separate estate; and The Buys Family Partnership, a California general partnership Lessee: Petco Animal Supplies Stores, Inc., a Delaware corporation Recording Date: June 13, 2016 Recording No.: 20160613001106 45.Any unrecorded leaseholds, right of vendors and holders of security interests on personal property installed upon the Land and rights of tenants to remove trade fixtures at the expiration of the terms. END OF SCHEDULE B, PART II CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT NO.203664-SC This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance (08/01/2016)Printed: 09.23.20 @ 04:44 PM Page 22 WA-CT-FBCM-02150.622476-SPS-1-20-203664-SC COMMITMENT CONDITIONS 1. DEFINITIONS (a) "Knowledge" or "Known": Actual or imputed knowledge, but not constructive notice imparted by the Public Records. (b) "Land": The land described in Schedule A and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. (c) "Mortgage": A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law. (d) "Policy": Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. (e) "Proposed Insured": Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. (f) "Proposed Policy Amount": Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. (g) "Public Records": Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (h) "Title": The estate or interest described in Schedule A. 2. If all of the Schedule B, Part I-Requirements have not been met within the time period specified in the Commitment to Issue Policy, this Commitment terminates and the Company's liability and obligation end. 3. The Company's liability and obligation is limited by and this Commitment is not valid without: (a) the Notice; (b) the Commitment to Issue Policy; (c) the Commitment Conditions; (d) Schedule A; (e) Schedule B, Part I-Requirements; (f) Schedule B, Part II-Exceptions; and (g) a counter-signature by the Company or its issuing agent that may be in electronic form. 4. COMPANY'S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment. 5. LIMITATIONS OF LIABILITY (a) The Company's liability under Commitment Condition 4 is limited to the Proposed Insured's actual expense incurred in the interval between the Company's delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured's good faith reliance to: (i) comply with the Schedule B, Part I-Requirements; (ii) eliminate, with the Company's written consent, any Schedule B, Part II-Exceptions; or (iii) acquire the Title or create the Mortgage covered by this Commitment. (b) The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (c) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. (d) The Company's liability shall not exceed the lesser of the Proposed Insured's actual expense incurred in good faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount. (e) The Company shall not be liable for the content of the Transaction Identification Data, if any. (f) In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I-Requirements have been met to the satisfaction of the Company. (g) In any event, the Company's liability is limited by the terms and provisions of the Policy. CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT NO.203664-SC (continued) This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance (08/01/2016)Printed: 09.23.20 @ 04:44 PM Page 23 WA-CT-FBCM-02150.622476-SPS-1-20-203664-SC 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT (a) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment. (b) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment. (c) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. (d) The deletion or modification of any Schedule B, Part II-Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. (e) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company. (f) When the Policy is issued, all liability and obligation under this Commitment will end and the Company's only liability will be under the Policy. 7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company's agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company's agent for the purpose of providing closing or settlement services. 8. PRO-FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. END OF CONDITIONS RECORDING REQUIREMENTS Recording Requirements Printed: 09.23.20 @ 04:44 PM by BB COMD1138.doc / Updated: 01.01.20 ----203664-SC 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. First page or cover sheet: 3" top margin containing nothing except the return address. 1" side and bottom margins containing no markings or seals. Title(s) of documents. Recording no. of any assigned, released or referenced document(s). Grantors names (and page no. where additional names can be found). Grantees names (and page no. where additional names can be found). Abbreviated legal description (Lot, Block, Plat Name or Section, Township, Range and Quarter, Quarter Section for unplatted). Said abbreviated legal description is not a substitute for a complete legal description which must also appear in the body of the document. Assessor’s tax parcel number(s). Return address (in top 3" margin). **A cover sheet can be attached containing the above format and data if the first page does not contain all required data. Additional Pages: 1" top, side and bottom margins containing no markings or seals. All Pages: No stapled or taped attachments. Each attachment must be a separate page. All notary and other pressure seals must be smudged for visibility. Font size of 8 points or larger. Wire Fraud Alert Original Effective Date: 5/11/2017 Current Version Date: 5/11/2017 203664-SC - WIRE0016 (DSI Rev. 12/07/17) TM and © Fidelity National Financial, Inc. and/or an affiliate. All rights reserved WIRE FRAUD ALERT This Notice is not intended to provide legal or professional advice. If you have any questions, please consult with a lawyer. All parties to a real estate transaction are targets for wire fraud and many have lost hundreds of thousands of dollars because they simply relied on the wire instructions received via email, without further verification. If funds are to be wired in conjunction with this real estate transaction, we strongly recommend verbal verification of wire instructions through a known, trusted phone number prior to sending funds. In addition, the following non-exclusive self-protection strategies are recommended to minimize exposure to possible wire fraud. NEVER RELY on emails purporting to change wire instructions. Parties to a transaction rarely change wire instructions in the course of a transaction. ALWAYS VERIFY wire instructions, specifically the ABA routing number and account number, by calling the party who sent the instructions to you. DO NOT use the phone number provided in the email containing the instructions, use phone numbers you have called before or can otherwise verify. Obtain the number of relevant parties to the transaction as soon as an escrow account is opened. DO NOT send an email to verify as the email address may be incorrect or the email may be intercepted by the fraudster. USE COMPLEX EMAIL PASSWORDS that employ a combination of mixed case, numbers, and symbols. Make your passwords greater than eight (8) characters. Also, change your password often and do NOT reuse the same password for other online accounts. USE MULTI-FACTOR AUTHENTICATION for email accounts. Your email provider or IT staff may have specific instructions on how to implement this feature. For more information on wire-fraud scams or to report an incident, please refer to the following links: Federal Bureau of Investigation:Internet Crime Complaint Center: http://www.fbi.gov http://www.ic3.gov Privacy Statement Printed: 09.23.20 @ 04:44 PM by BB COMD1138.doc ----203664-SC FIDELITY NATIONAL FINANCIAL PRIVACY NOTICE Effective April 9, 2020 Fidelity National Financial, Inc. and its majority-owned subsidiary companies (collectively, "FNF," "our," or "we") respect and are committed to protecting your privacy. This Privacy Notice explains how we collect, use, and protect personal information, when and to whom we disclose such information, and the choices you have about the use and disclosure of that information. A limited number of FNF subsidiaries have their own privacy notices. If a subsidiary has its own privacy notice, the privacy notice will be available on the subsidiary's website and this Privacy Notice does not apply. Collection of Personal Information FNF may collect the following categories of Personal Information: contact information (e.g., name, address, phone number, email address); demographic information (e.g., date of birth, gender, marital status); identity information (e.g. Social Security Number, driver's license, passport, or other government ID number); financial account information (e.g. loan or bank account information); and other personal information necessary to provide products or services to you. We may collect Personal Information about you from: information we receive from you or your agent; information about your transactions with FNF, our affiliates, or others; and information we receive from consumer reporting agencies and/or governmental entities, either directly from these entities or through others. Collection of Browsing Information FNF automatically collects the following types of Browsing Information when you access an FNF website, online service, or application (each an "FNF Website") from your Internet browser, computer, and/or device: Internet Protocol (IP) address and operating system; browser version, language, and type; domain name system requests; and browsing history on the FNF Website, such as date and time of your visit to the FNF Website and visits to the pages within the FNF Website. Like most websites, our servers automatically log each visitor to the FNF Website and may collect the Browsing Information described above. We use Browsing Information for system administration, troubleshooting, fraud investigation, and to improve our websites. Browsing Information generally does not reveal anything personal about you, though if you have created a user account for an FNF Website and are logged into that account, the FNF Website may be able to link certain browsing activity to your user account. Other Online Specifics Cookies. When you visit an FNF Website, a "cookie" may be sent to your computer. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer's hard drive. Information gathered using cookies helps us improve your user experience. For example, a cookie can help the website load properly or can customize the display page based on your browser type and user preferences. You can choose whether or not to accept cookies by changing your Internet browser settings. Be aware that doing so may impair or limit some functionality of the FNF Website. Web Beacons. We use web beacons to determine when and how many times a page has been viewed. This information is used to improve our websites. Do Not Track. Currently our FNF Websites do not respond to "Do Not Track" features enabled through your browser. Privacy Statement Printed: 09.23.20 @ 04:44 PM by BB COMD1138.doc ----203664-SC Links to Other Sites. FNF Websites may contain links to unaffiliated third-party websites. FNF is not responsible for the privacy practices or content of those websites. We recommend that you read the privacy policy of every website you visit. Use of Personal Information FNF uses Personal Information for three main purposes: To provide products and services to you or in connection with a transaction involving you. To improve our products and services. To communicate with you about our, our affiliates', and others' products and services, jointly or independently. When Information Is Disclosed We may disclose your Personal Information and Browsing Information in the following circumstances: to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure; to nonaffiliated service providers who provide or perform services or functions on our behalf and who agree to use the information only to provide such services or functions; to nonaffiliated third party service providers with whom we perform joint marketing, pursuant to an agreement with them to jointly market financial products or services to you; to law enforcement or authorities in connection with an investigation, or in response to a subpoena or court order; or in the good-faith belief that such disclosure is necessary to comply with legal process or applicable laws, or to protect the rights, property, or safety of FNF, its customers, or the public. The law does not require your prior authorization and does not allow you to restrict the disclosures described above. Additionally, we may disclose your information to third parties for whom you have given us authorization or consent to make such disclosure. We do not otherwise share your Personal Information or Browsing Information with nonaffiliated third parties, except as required or permitted by law. We may share your Personal Information with affiliates (other companies owned by FNF) to directly market to you. Please see "Choices with Your Information" to learn how to restrict that sharing. We reserve the right to transfer your Personal Information, Browsing Information, and any other information, in connection with the sale or other disposition of all or part of the FNF business and/or assets, or in the event of bankruptcy, reorganization, insolvency, receivership, or an assignment for the benefit of creditors. By submitting Personal Information and/or Browsing Information to FNF, you expressly agree and consent to the use and/or transfer of the foregoing information in connection with any of the above described proceedings. Security of Your Information We maintain physical, electronic, and procedural safeguards to protect your Personal Information. Choices With Your Information If you do not want FNF to share your information among our affiliates to directly market to you, you may send an "opt out" request by email, phone, or physical mail as directed at the end of this Privacy Notice. We do not share your Personal Information with nonaffiliates for their use to direct market to you without your consent. Whether you submit Personal Information or Browsing Information to FNF is entirely up to you. If you decide not to submit Personal Information or Browsing Information, FNF may not be able to provide certain services or products to you. For California Residents: We will not share your Personal Information or Browsing Information with nonaffiliated third parties, except as permitted by California law. For additional information about your California privacy rights, please visit the "California Privacy" link on our website (https://fnf.com/pages/californiaprivacy.aspx) or call (888) 413-1748. Privacy Statement Printed: 09.23.20 @ 04:44 PM by BB COMD1138.doc ----203664-SC For Nevada Residents: You may be placed on our internal Do Not Call List by calling (888) 934-3354 or by contacting us via the information set forth at the end of this Privacy Notice. Nevada law requires that we also provide you with the following contact information: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; Phone number: (702) 486-3132; email: BCPINFO@ag.state.nv.us. For Oregon Residents: We will not share your Personal Information or Browsing Information with nonaffiliated third parties for marketing purposes, except after you have been informed by us of such sharing and had an opportunity to indicate that you do not want a disclosure made for marketing purposes. For Vermont Residents: We will not disclose information about your creditworthiness to our affiliates and will not disclose your personal information, financial information, credit report, or health information to nonaffiliated third parties to market to you, other than as permitted by Vermont law, unless you authorize us to make those disclosures. Information From Children The FNF Websites are not intended or designed to attract persons under the age of eighteen (18). We do not collect Personal Information from any person that we know to be under the age of thirteen (13) without permission from a parent or guardian. International Users FNF's headquarters is located within the United States. If you reside outside the United States and choose to provide Personal Information or Browsing Information to us, please note that we may transfer that information outside of your country of residence. By providing FNF with your Personal Information and/or Browsing Information, you consent to our collection, transfer, and use of such information in accordance with this Privacy Notice. FNF Website Services for Mortgage Loans Certain FNF companies provide services to mortgage loan servicers, including hosting websites that collect customer information on behalf of mortgage loan servicers (the "Service Websites"). The Service Websites may contain links to both this Privacy Notice and the mortgage loan servicer or lender's privacy notice. The sections of this Privacy Notice titled When Information is Disclosed, Choices with Your Information, and Accessing and Correcting Information do not apply to the Service Websites. The mortgage loan servicer or lender's privacy notice governs use, disclosure, and access to your Personal Information. FNF does not share Personal Information collected through the Service Websites, except as required or authorized by contract with the mortgage loan servicer or lender, or as required by law or in the good-faith belief that such disclosure is necessary: to comply with a legal process or applicable law, to enforce this Privacy Notice, or to protect the rights, property, or safety of FNF or the public. Your Consent To This Privacy Notice; Notice Changes; Use of Comments or Feedback By submitting Personal Information and/or Browsing Information to FNF, you consent to the collection and use of the information in accordance with this Privacy Notice. We may change this Privacy Notice at any time. The Privacy Notice's effective date will show the last date changes were made. If you provide information to us following any change of the Privacy Notice, that signifies your assent to and acceptance of the changes to the Privacy Notice. We may use comments or feedback that you submit to us in any manner without notice or compensation to you. Accessing and Correcting Information; Contact Us If you have questions, would like to correct your Personal Information, or want to opt-out of information sharing for affiliate marketing, send your requests to privacy@fnf.com, by phone to (888) 934-3354, or by mail to: Fidelity National Financial, Inc. 601 Riverside Avenue, Jacksonville, Florida 32204 Attn: Chief Privacy Officer