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First American Title
Form WA-5 (6/76)
Commitment Face Page
COMMITMENT FOR TITLE INSURANCE
Issued by
File No.: NCS-251026-WA!
FIRST AMERICAN TITLE INSURANCE COMPANY
First American Title Insurance Company, herein called the Company, for valuable consideration, hereby
commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the
proposed Insured named in Schedule A, as owner or mortgagor of the estate or interest covered
hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges
therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations
hereof.
This Commitment shall be effective only when the identity of the proposed Insured and the amount
of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either
at the time of the issuance of the Commitment or by subsequent endorsement.
This Commitment if preliminary to the issuance of such policy or policies of title insurance and all
liability and obligations hereunder shall cease and terminate six (6) months after the effective date
hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that
the failure to issue such policy or policies is not the fault of the Company. This Commitment shall not
be valid or binding until countersigned by an authorized officer or agent.
IN WITNESS WHEREOF, the Company has caused this commitment to be signed and sealed, to
become valid when countersigned by an authorized officer or agent of the Company, all in accordance
with its By-Laws. This Commitment is effective as of the date shown in Schedule A as "Effective Date."
First American Title Insurance Company
By:
t;'/ (// .
_../c7.v<y, ://)./,_ ,,,--,,:r-/-----President -1/ ~~
G
Attest: IJ1 ;vz,J__. /__ ~ Secretary
By: ~T ~ Countersigned
(/
First American Title Insurance Company
Form WA-5 (6/76)
Commitment
File No.: NCS-251026-WA!
Page No. 1
First American Title Insurance Company
National Commercial Services
2101 Fourth Avenue, Suite 800, Seattle, WA 98121
To:
(206 )728-0400 FAX (206 )448-6348
Chantale Stiller-Anderson
(206)448-6286
cstiller@firstam.com
Colliers International
11225 SE 6th Street, Suite 240
Bellevue, WA 98004
Attn: Sam Peterson
SECOND REPORT
SCHEDULE A
1. Commitment Date: January 11, 2007 at 7 :30 A.M.
2. Policy or Policies to be issued:
Standard Owner's Coverage
Easement Coverage
Proposed Insured:
Julie Hsieh and/or assigns
Extended Lender's Coverage
Proposed Insured: To Be Determined
AMOUNT
$ 2,400,000.00 $
$
$ ToTollow $
Linda Horne
(206)615-3057
I horne@firsta m .com
File No.: NCS-251026-WAl
Your Ref No.: 1100-1110 Edmonds
Ave, Renton, WA
PREMIUM TAX
To Follow $ To Follow
40.00 $ 3.52
To Follow $ To Follow
, its successors and assigns as their interests may appear as defined in Paragraph l{a) of the
Conditions and Stipulations of this policy.
3. The estate or interest in the land described on Page 2 herein is Fee Simple as to Parcels A
and B and Easement as to Parcel B1, and title thereto is at the effective date hereof vested
in:
HAC Enterprise LLC, a Washington limited liability company
4. The land referred to in this Commitment is described as follows:
Ai-st American Title Insurance Company
Form WA-5 (6/76)
Commitment
File No.: NCS-251026-WAl .
Page No. 2
The land referred to in this report is described in Exhibit "A" attached hereto.
First American Title Insurance Company
Form WA-5 (6/76)
Commitment
EXHIBIT 'A'
LEGAL DESCRIPTION:
PARCEL A:
File No.: NCS-251026-WAl
Page No. 3
THE SOUTH 75 FEET OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN
KING COUNTY, WASHINGTON.
EXCEPT THE WEST 30 FEET THEREOF FOR EDMONDS AVENUE.
EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON FOR STATE ROUTE 900 RECORDED
NOVEMBER 30, 1971 UNDER RECORDING NO. 7111300314 OF OFFICTAL RECORDS, IN KING COUNTY,
WASHINGTON.
PARCEL B:
THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 23
NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SECTION 9, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN
KING COUNTY, WASHINGTON:
THENCE SOUTH 0°59'27" WEST 663.24 FEET;
THENCE SOUTH 88°55'37" EAST 30 FEET TO THE POINT OF BEGINNING;
THENCE SOUTH 88°55'37" EAST 289.54 FEET TO THE WEST LINE OF RENTON HIGHLANDS, ACCORDING TO
THE PLAT THEREOF, RECORDED IN VOLUME 46 OF PLATS, PAGE 34, IN KING COUNTY, WASHINGTON:
THENCE SOUTH 0°47'05" WEST 121.20 FEET;
THENCE SOUTH 60°35'05" WEST 230.74 FEET TO THE NORTHEASTERLY MARGIN OF STATE HIGHWAY NO. 2;
THENCE NORTH 37°10'55" WEST 1.45 FEET TO POINT OF CURVE;
THENCE NORTHWESTERLY ON A CURVE TO THE LEFT HAVING A RADIUS OF 648.86 FEET A DISTANCE OF
145.10 FEET TO THE EAST MARGIN OF 116TH AVENUE SOUTHEAST;
THENCE NORTH 0°59'21" EAST 124.73 FEET TO THE POINT OF BEGINNING.
EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON FOR STATE ROUTE 900 RECORDED
NOVEMBER 30, 1971 UNDER RECORDING NO. 7111300314 OF OFFICIAL RECORDS, IN KING COUNTY,
WASHINGTON.
PARCEL B-1:
AN EASEMENT FOR INGRESS AND EGRESS OVER A STRIP OF LAND 20 FEET IN WIDTH, THE EAST LINE OF SAID
STRIP BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SECTION 9, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN
KING COUNTY, WASHINGTON;
THENCE SOUTH 0°59'21" WEST 663.24 FEET;
THENCE SOUTH 88°55'37" EAST 319.64 FEET TO THE WEST LINE OF RENTON HIGHLANDS, ACCORDING TO
THE PLAT THEREOF, RECORDED IN VOWME 46 OF PLATS, PAGE 34, IN KING COUNTY, WASHINGTON;
THENCE SOUTH 0°47'05" WEST 121.20 FEET TO THE POINT OF BEGINNING OF THE EASEMENT;
THENCE CONTINUING SOUTH 0°47'05" WEST 435.89 FEET, MORE OR LESS, TO THE NORTHERLY LINE OF
First American Title Insurance Company
Form WA-5 (6/76)
Commitment
STATE HIGHWAY NO. 2.
File No.: NCS-251026-WA!
Page No. 4
EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON FOR STATE ROUTE 900 RECORDED
MARCH 15, 1971 UNDER RECORDING NO. 7103150118 OF OFRCIAL RECORD, IN KING COUNTY, WASHINGTON.
First American Title Insurance Company
Form WA-5 (6/76)
Commitment
SCHEDULE B -SECTION 1
REQUIREMENTS
The following are the Requirements to be complied with:
File No.: NCS-251026-WAl
Page No. 5
Item (A) Payment to or for the account of the Grantors or Mortgagors of the full consideration for the
estate or interest to be insured.
Item (Bl Proper instrument(s) creating the estate or interest to be insured must be executed and duly
filed for record.
Item (C) Pay us the premiums, fees and charges for the policy.
Item (D) You must tell us in writing the name of anyone not referred to in this Commitment who will
get an interest in the land or who will make a loan on the land. We may then make
additional requirements or exceptions
SCHEDULE B -SECTION 2
GENERAL EXCEPTIONS
The Policy or Policies to be issued will contain Exceptions to the following unless the same are disposed
of to the satisfaction of the Company.
A. Taxes or assessments which are not shown as existing liens by the records of any taxing
authority that levies taxes or assessments on real property or by the public records.
B. Any facts, rights, interest, or claims which are not shown by the public records but which could
be ascertained by an inspection of said land or by making inquiry of person in possession thereof.
C. Easements, claims of easement or encumbrances which are not shown by the public records.
D. Discrepancies, conflicts in boundary ·lines, shortage in area, encroachments, or any other facts
which a correct survey would disclose, and which are not shown by public records.
E. (1) Unpatented mining claims; (2) reservations or exceptions in patents or in acts authorizing the
issuance thereof; (3) Water rights, claims or title to water; whether or not the matters excepted
under (1), (2) or (3) are shown by the public records; (4) Indian Tribal Codes or Regulations,
Indian Treaty or Aboriginal Rights, including easements or equitable servitudes.
F. Any lien, or right to a lien, for services, labor, materials or medical assistance theretofore or
hereafter furnished, imposed by law and not shown by the public records.
G. Any service, installation, connection, maintenance, construction, tap or reimbursement
charges/costs for sewer, water, garbage or electricity.
H. 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 mortgages thereon
covered by this Commitment.
First American Title Insurance Company
Form WA-5 (6/76)
Commitment
SCHEDULE B -SECTION 2
(continued)
SPECIAL EXCEPTIONS
File No.: NCS-251026-WAl
Page No. 6
1. Lien of the Real Estate Excise Sales Tax and Surcharge upon any sale of said premises, if
unpaid. As of the date herein, the excise tax rate for the City of Renton is at 1.78%.
Levy/Area Code: 2100
For all transactions recorded on or after July 1, 2005:
• A fee of $10.00 will be charged on all exempt transactions;
• A fee of $5,00 will be charged on all taxable transactions in addition to the
excise tax due.
2. General Taxes for the year 2007, in an amount not yet available, which cannot be paid until
February 15, February 15, 2007. Tax Account No.: 092305-9161-05
Note: Taxes and charges for 2006 were paid in full in the amount of $$11,154.31.
3. Reservations and exceptions, including the terms and conditions thereof:
Reserving: Minerals
Reserved By: Northern Pacific Railroad Company
Recorded:
Recording Information:
June 21, 1905
342731
4. Covenants, conditions, restrictions and/or easements:
Recorded: November 30, 1971
Recording No.: 7111300314
5. Easement, including terms and provisions contained therein:
Recording Information: November 30, 1971 under Recording No. 7111300315
In Favor of: State of Washington
For: Construction of highway
Affects: The Westerly portion of said premises
6. The terms and provisions contained in the document entitled "Right of Entry Agreement",
executed by and between Sunrise Health care and TCI Cablevision of Washington, Inc., recorded
February 23, 1996 as Instrument No. 9602230593 of Official Records.
7. Easement, including terms and provisions contained therein:
Recording Information: December 27, 2001 under Recording No. 20011227000243
In Favor of: TCI Cablevision of Washington, Inc.
For: MDU broadband services
Affects: as described therein
8. Conditions, notes, easements, provisions contained and/or delineated on the face of the Survey
recorded October 11, 2004 under Recording No. 20041011900001, in volume 177 of surveys, at
page 231, in King County, Washington.
First American Title Insurance Company
Form WA-5 (6/76)
Commitment
File No.: NCS-251026-WAl
Page No. 7
9. Deed of trust and the terms and conditions thereof.
Grantor/Trustor:
Grantee/Beneficiary:
Trustee:
Amount:
Recorded:
Recording Information:
The Healing Arts Clinic by the River, a Washington corporation
J & D Adventures LLC, a Washington limited liability company
Chicago Title Company-Bellevue Office
$898,200.00
March 11, 2005
20050311001412
10. The terms and provisions contained in the document entitled "Operating Agreement", executed
by and between Healing Arts Wellness & Research Center, Inc.; formerly known as The Healing
Arts Clinic by the River, Inc. by Gayle Edwards, President, and Akbar Fallahzadeh, and Jaleh
Montazeripoor, a married couple, recorded February 3, 2006 as Instrument No.
20060203001403 of Official Records.
11. Deed of Trust and the terms and conditions thereof.
Grantor/Trustor:
Grantee/Beneficiary:
Trustee:
Amount:
Recorded:
Recording Information:
HAC Enterprise LLC, a Washington limited liability company
Homestreet Bank A Washington State Chartered Savings Bank
First American Title Insurance Company
$915,000.00
May 11, 2006
20060511001601
12. Assignment'of leases and/or rents and the terms and conditions thereof:
Assignor: HAC Enterprise LLC, a Washington limited liability company
Assignee: Homestreet Bank A Washington State Chartered Savings Bank
Recorded: May 11, 2006
Recording Information: 20060511001602
13. Evidence of the authority of the individual(s) to execute the forthcoming document for HAC
Enterprise LLC, a Washington limited liability company, copies of the current operating
agreement should be submitted prior to closing.
14. Title is also to vest in persons shown as "and/or assigns" on the application for title insurance,
whose identity has not been revealed and when so vested will then be subject to matters which
may be disclosed by a search of the records against their names.
15. Unrecorded leaseholds, if any, rights of vendors and security agreement on personal property
and rights of tenants, and secured parties to remove trade fixtures at the expiration of the term.
First Amencan Title Insurance Company
Form WA-5 (6/76)
Commitment
File No.: NCS-251026-WAl
Page No. B
' INFORMATIONAL NOTES ·-··--------------_J
A. Effective January 1, 1997, and pursuant to amendment of Washington State Statutes relating to
standardization of recorded documents, the following format and content requirements must be
met. Failure to comply may result in rejection of the document by the recorder.
B. Any sketch attached hereto is done so as a courtesy only and is not part of any title commitment
or policy. It is furnished solely for the purpose of assisting in locating the premises and First
American expressly disclaims any liability which may result from reliance made upon it.
C. The description can be abbreviated as suggested below if necessary to meet standardization
requirements. The full text of the description must appear in the document(s) to be insured.
Ptn Sec 9 Twp 23N Rge SE, NW Qtr NW Qtr
APN: 092305-9161-05
Property Address: 1100 Edmonds Avenue NE, Renton, WA 98056
D. A fee-will be charged upon the cancellation of this Commitment pursuant to the Washington
State Insurance Code and the filed Rate Schedule of the Company.
END OF SCHEDULE B
First American Title Insurance Company
Form WA-5 (6/76)
Commitment
First American Title Insurance Company
National Commercial Services
COMMITMENT
Conditions and Stipulations
File No.: NCS-251026-WAl
Page No. 9
1. The term "mortgage" when used herein shall include deed of trust, trust deed, or other security
instrument.
2. If the proposed Insured has or acquires actual knowledge of a defect, lien, encumbrance,
adverse claim or other matter affecting the estate or interest or mortgage thereon covered by
this Commitment, other than those shown in Schedule B hereof, and shall fail to disclose such
knowledge to the Company in writing, the Company shall be relieved from liability for any loss or
damage resulting from any act or reliance hereon to the extent the Company is prejudiced by
failure to so disclose such knowledge. If the proposed Insured shall disclosure such knowledge
to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien,
encumbrance, adverse claim or other matter, the Company at its option, may amend Schedule B
of this Commitment accordingly, but such amendment shall not relieve the Company from liability
previously incurred pursuant to paragraph 3 of these Conditions and Stipulations.
3. Liability of the Company under this Commitment shall be only to the named proposed Insured
and such parties included under the definition of Insured in the form of Policy or Policies
committed for, and only for actual loss incurred in reliance hereon in undertaking in good faith
(a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B,
or (c) to acquire or create the estate or interest or mortgage thereon covered by this
Commitment. In no event shall such liability exceed the amount stated in Schedule A for the
Policy or Policies committed for and such liability is subject to the Insuring provisions, exclusion
from coverage, and the Conditions and Stipulations of the form of Policy or Policies committed for
in favor of the proposed Insured which are hereby incorporated by references, and are made a
part of this Commitment except as expressly modified herein.
4. Any claim of loss or damage, whether or not based on negligence, and which arises out of the
status of the title to the estate or interest or the lien of the Insured mortgage covered hereby or
any action asserting such claim, shall be restricted to the provisions and Conditions and
Stipulations of this Commitment.
First American Tttle Insurance Company
Form WA-5 (6/76)
Commitment
The First American Corporation
First American Title Insurance Company
National Commercial Services
PRIVACY POLICY
We Are Committed to Safeguarding Customer Information
File No.: NCS-251026-WAl
Page No. 10
In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be
concerned about what we will do with such Information particularly any personal or financial information. We agree that you have a right to know how
we will utilize the personal information you provide to us. Therefore, together with our parent company, The First American Corporation, we have
adopted this Privacy Policy to govern the use and handling of your personal information.
Applicability
This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we
have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also
adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair
Information Values, a copy of which can be found on our website at www.firstam.com.
Types of Information
Depending upon which of our services you are utilizing, the types of nonpublic personal informatiOn that we may collect include:
• Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by
telephone or any other means;
• Information about Your transactions with us, our affiliated companies, or others; and·
• Information we receive from a consumer reporting agency.
Use of Information
We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not
release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as
permitted by law. We may, however, store such Information indefinitely, including the periocl after which any customer relationship has ceased. Such
Information may be used for any Internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of
nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers,
such as title insurers, property and casualty Insurers, and trust and investment advisory companies, or companies involved in real estate services, such
as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as
described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions
with whom we or our affiliated companies have joint marketing agreements.
Former Customers
Even If you are no longer our customer, our Privacy Policy will continue to apply to you.
Confidentiality and Security
we will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal
information about you to those individuals and entities who need to know that information to provide products or services to you. we wlll use our best
efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy
Policy and First American's Fair Information Values. we currently maintain physical, electronic, and procedural safeguards that comply with federal
regulations to guard your nonpublic personal information.
c 2001 The First American Corporation -AU Rights Reserved
First American Title Insurance Company
20060511001600.::
AFTER RECORDING MAIL TO:
Name Homestreet Bank
ATTN: Business Banking
Address PO Box 2345
City/State Seattle, WA 98101
'111111111111111 I
20060511001600
FIRST AMERICAN UD 35,00
PRGE001 OF 004
05/11/2006 12:40
KING COUNTY, UA
Document Title(s): (or transactions contained therein)
Quit Claim Deed
Document Rderence(s):
First American Title
Insurance Company
Grantor(s): (Last name first, then first name and initials)
1. Healing Arts Wellness & Research Center, Inc.
(this space for Ii/le company Ilse only)
Grantee(s): (Last name first, then first name and initials)
I. RAC Enterprise LLC,
Abbreviated Legal Description as follows: (i.e. loUblock/plat or section/township/range/quarter/quarter)
Ptn Sec 9 Twp 23N Rge 5E, SW Qtr NW Qtr
Assessor's Property Tax ParceVAccount Number(s):
092305-9161-05
NOTE: The auditor/recorder will rely on the information on the form. The staff will not read the
document to verify the accuracy or completeness of the indexing information provided herein.
, .• ! ; i1;8·i, wmont ffltd for rNOtd by
Fi1st AmerieM Titta lnourano11 OompaHV
as ar; ac-commod"~°" e,,nly, tt he.a ncit
been examimd a:l io its axecution or
1:.'..:J ; ' •:." off.?cl Uf)OJ'l th& tld11t.
·e2206035
03/11/2006 12:39 KING COUNTY, UR 82 TAX SB,315, SALE $466,900,00 PAGE001 OF 001
20060511 oo~ i;rin ·=--·
Quit Claim Deed
THIS SPACE PROVIDED FOR RECORDER'S USE
FILED FOR RECORD AT THE REQUEST OF Healing ~A.tts \"\,'ellness & Rese~rch Center, Inc., a
\Vashington Corporation formerly known as The Healing .Arts Clinic by the River, a \'Qashington Corporation
WHEN RECORDED RETURN TO,
NA?\-ffi: HomeStreet Bank -Business Banking
ADDRESS, PO Box 2345
CITY, STATE, ZIP, Seattle, WA, 98101
QUIT CLAIM DEED
THE GRANTOR(S), Healing Arts \v'ellness & Research Center, Inc., a \\'ashington Corpor,ltion formerly
known as The Healing Arcs Clioic by tbe River, a Washington Corporation for and in considerarion of: the suin
of$1.00 conveys and quit claims to the GRANTEE(S), I·L'\C Enterprise LLC, a \Vashington limited liability
company the following desci-ibed real estate, situated in the County of King State of \Vashington, together 'l.\;th
all after acquired title of the gran.tor(s) therein (legal description): (See attached '1Legal Description")
State of Washington
County of
Grantor
} ss
}
On this day personally appeared before me Gayle Edwards, President of Healing Arts \Y/ellness
& Research Center, Inc., and personally known to me or proved to me on the basis of satisfactoiy eYidence
to be a member or designated agent of the corporation that executed the Quic Claim Deed and acknowledged
the Quit Claim Deed to be the free and voluntary act and deed of the co1poration, by authority of stanne, its
articles of organization or its oper:ating agreement, for the uses and purposes therein mentioned, nnd on oath
stared th:ac they are authorized to <.":xecute this Quit Claim Deed and in fact executed the Quit Claim Deed on
behalf of rhe corporation.
GIVEN under my hand and official seal thisd01dday of~' 200.l,
'.
EXHIBIT 'A'
LEGAL DESCRIPTION:
PARCEL A:
20060511001 i:nn c:,.:,
THE SOUTH 75 FEET OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SECT10N 9, TOWNSH[P 23 NORTH, RANGE 5 EAST, W.M., tN
KING COUN1Y, WASHINGTON.
EXCEPT THE WEST 30 FEET THEREOF FOR EDMONDS AVENUE.
EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON FOR STATE ROUTE 900 RECORDED
NOVEMBER 30, 1971 UNDER RECORDING NO. 7111300314 OF OFFICIAL RECORDS, IN KING COUNTY,
WASHINGTON.
PARCEL B:
THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 23
NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SECT10N 9, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., [N
KING COUNTY, WASHINGTON:
THENCE SOUTH 0°59'27" WEST 663.24 FEET;
THENCE SOUTH 88°55'37" EAST 30 FEET TO THE POINT OF BEGINNING;
THENCE SOUTH 88°55'37" EAST 289.54 FEET TO THE WEST l1NE OF RENTON HIGHLANDS, ACCORDING TO
THE PLAT THEREOF, RECORDED IN VOLUME 46 OF PLATS, PAGE 34, IN KING COUN1Y, WASHINGTON:
THENCE SOUTH 0°47'05" WEST 121.20 FEET:
THENCE SOUTH 60°35'05" WEST 230.74 FEET TO THE NORTHEASTERLY MARGIN OF STATE HIGHWAY NO. 2;
THENCE NORTH 37°10'55" WEST 1.45 FEET TO POINT OF CURVE;
THENCE NORTHWESTERLY ON A CURVE TO THE LEFT HAVING A RADIUS OF 648.86 FEET A DISTANCE OF
145.10 FEET TO THE EAST MARGIN OF 116TH AVENUE SOUTHEAST;
THENCE NORTH 0°59'21" EAST 124.73 FEET TO THE POINT OF BEGINNING.
EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON FOR STATE ROUTE 900 RECORDED
NOVEMBER 30, 1971 UNDER RECORDING NO. 7111300314 OF OFACIAL RECORDS, IN KING COUNTY,
WASHINGTON.
PARCEL B-1:
AN EASEMENT FOR INGRESS AND EGRESS OVER A STRJP OF LAND 20 FEET IN WIDTH, THE EAST l1NE OF SAID
STRIP BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SECTION 9, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN
KING COUNTY, WASHINGTON;
THENCE SOUTH 0°59'21" WEST 663.24 FEET;
THENCE SOUTH 88°55'37" EAST 319.64 FEET TO THE WEST l1NE OF RENTON HIGHLANDS, ACCORDING TO
THE PLAT THEREOF, RECORDED IN VOLUME 46 OF PLATS, PAGE 34, IN KING COUNTY, WASHINGTON;
THENCE SOUTH 0°47'05" WEST 121.20 FEET TO THE POINT OF BEGINNING OF THE EASEMENT;
THENCE CONTINUING SOUTH 0°47'05" WEST 435.89 FEET, MORE OR LESS, TO THE NORTHERLY UNE OF
"' .
20060511001600.::
STATE HIGHWAY NO. 2.
EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON FOR STATE ROUTE 900 RECORDED
MARCH 15, 1971 UNDER RECORDING NO. 7103150118 OF OFFIOAL RECORD, IN KING COUNTY, WASHINGTON.
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.;{~t-~,:-. J .'t&tnad. to t"<:.. ·~-:.,,.,..=. ': . .-:' ,-er,, "'-r,q ~;:.:,;;. -:-,::e U..1'tl vf au.en t:.lll'f'u.<!,e i:;coll.ti.d e.>· ~ -:,.y
i, .:·w~~ :-or --...,.;.,r..:u;,r 'Jf,<J-'; .• ;i.,_:,;;, 1,,.1·,,. ~/·.e: l'i;::tr:-, o"'f' ~V-3€-~"> t.v such reser'l.'ed sr:d ':!xcs,r ';Ik~'.~ -1)•on 1-•, so,· ·,he ·'"''"'" cf ,,plcdnz, d<valoplnc sru! work1"s,. 01,, ,., .a; ~~n~:;;~ :~ .::':::,~~~-~, ::··:i:~: ::~~-' ::, "::::::.::::·::n:·:::v::.:::· ,:·:,,:'·' .:;.:
;~_<i,,Jt.~:·xoep.t.ed.; <,he .l&,fi'_i~ .~.e,,.:,:., :~~o:::.'.l-:: .i',f~ su·ojec-t, howR.-··\l', to an aa.sel!lGn'I:-i.Y 70~1e
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G ror· ;-¥q i>U";..1e 1·0a.d ,:,~t·-::r-:. ,;-,.,!'B :..i.,id. 0,u/. or os.t.a.bli.;heu, ;:,_n(J 1;o;r;r 0:dst;j_np: (I\•
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DEEL.
,:;f t.ll6 St.&i:.e ot .1'"L>~M.:.Bi.n, ~rt-y of' the ti~!l.'t-gart, and lia.lt&llder
County :;~ Kl.ng and Sta.ts of 'ii&&hingttm, part.y Jf the s&coad
,-, t.h• ·pm-t.y !Jf t.J.e_ t'U-at pa.r-t c-Obtra.cied to .se11 and cGnvey t.o 'Qle part,;v
-,,:s:'tor_:.t,M aOuidera.t:10.n he't'einaf't:e!.-expreas&d 1 ·:.he· .pPeniea-s h•r~U\A-rteir
ct Ae.id proJILtaea.
'ale p&rtr o~ tl.') fir.et Jil&rt, .in i:ons1det'a.tlon 01" tJl.e sda ~r Fin hlm-
it. du.1/ poid ae:::ording wo said eontPa.ot; the Ntoeipt. wt:.eraof
.a.$f!dc~& --~-.. ·'b..r~111,. sell-&rul eonve: um,o the said p&rty or ,-.be
dea;c.r-ibed :t,r&\1t. or l&no.1 sit.uat• lll the
. . .· ,Uit-_:_._..'U 01'-:,:ub~®-i ~t is ,:;o aa-y:
aeation No. Di.ml ( 9) in 'TOWlt-
( 5 j E~t vr :t:be Willaai.et.WI pr:11iiciplil. ~rid~
Govlfffllll8nt surv:•y Eiehty (SO} •cr•s, .JIION or
~• of. B\10h •w-·tac• grOlmd 11e-.1ta.y
of a.cceaa to euch reservad and exc•Er'
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::nents e.f'o:.-eaaid, and t&X t.itle5 iowldod "t.;-,;c;:.aon.
342732
IN Yi'ITNRSS WHEREOF, t.hG .... .._ 1,1 F....-t,y ')f t.·,-.<> -FC T'JO:"t. pa.!'t. h_;.5 11rn:s_sd tb~ae ,pTesantil t.o be
,.-it.h it.s corpora.ta saa.l, and ·s:i.gnecl by its
NORTfiBRN P~CIFIC RA.I~WAY COMPANY
By How-&rd Ell1U~t Pr&sid•~t.
.ii:ttc::it.: R.,.H.P.-elf J...:sa!a"lt~!lt S•or~t.~~--
.signed, s0e.led
&nd deliver&tl ln
p!'9i!!Oil<?f' of'-
samual Willia~~
ST.t.T:', OF' MINN.ll:SOTA )
N.P.R~Co.
Corp seti-:... ... -..... -.
ss.
ON t.his ;5rd day of June in the yo~ lS,05, b9f'OH IP,
publ.io, p~r,1ona.1J.y !'.flb)Ellil"l!llli f-{t;1wa.rd Elliott., to 111l!I kn~n tc. b& the ~d-a..nt·
Pe.cif:1.c Ra.ilwa.y Compe.ny, tbG corporation r:J:1i_ch execut,e: tlle fo_rego11ijf
bOing duly swo~n did say, t.bat the see.l a~f1xed to s~i~ ins~rum•nt. is -1:1,h~
said corp.:ira.t.ion and the.t aa.id instrumansi was 5ii:"ned a.:::id sea.led in. be»lr of'
.......... ' ........... .
Re.msey Co., 1/lin:1 ... . . . . . . . . . . . . . .. . ~ .....
Filed for record ~t request of
WHIT1': RIVF.R. LUiru~:R GO,
TO
R_ .• .-r.Cldk N"ot.,.t'y ~bl1a,
Ml.maso-ta.
, , ne "(J[" at 54 W.n. p•o> ;12 M.
/?'l . U J C:ic!ltty Allditor,
. Bet~en _
",'HIS 1;·;!.JF:tn'UREy Ya.ct~ 'this 20t.l1 :l&Y· o:r Jun.-; 1 •• D.)905,., the l,'hit.•
a. eorpol"$.t.1on pa.rta:, of' the r1r:rtc pa.-rt, i:;.ni.l. .' • .::.s.o .. .:t-i, 1:o>·.u~.l"r.i.;d lll&tl ·-or
piet.:rt,y of' thn ~,ecl)nd j;Kl,l't.~
1:,, t.h"7 rol.:ivwl.~ r~al. e:.srt.11."t>$, ;y;o, a~, · 1 · --... '"' ., ... o.; ng :i.n t}.~ G "~<1t.:r o? Kin_R, stat.Ill" /Jf' w ... .sht---ro-n'· Ul'<" .... ~
l..ot:i on~ 0.),. two (2:), "tnr,3e
t ~e'l:".ty one ( 21 !_,. t1·;Rnty t:w.:i [ 22) i
ljj f'•":'',H" /Al "'iVV /c·\ ·~ ,,, ,-' · ., , .,, -... 11,., ..... ,..._.,, .d:ri.at~,111rt {:i9J,,.t-w•..ntt{_~J,..
t,w,:ont-y thr~c, t 23) , , r..d '/w;a::£-<:.y ,-..., •••• " ,' -.,.4 J, ,.1·1 . · '"' , :..~'t :flock fOUl'
( .t) l,l,~Y.o;ff, i'il'Gt. ;.;:ltli:ti~,-. "to t,;r·,a _t;in·r;, or :·'.n;,rr,,,:::tJ.w~
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WARRANTY DEED es :1.713 D
l Q ti1p ~f.,,,,,r ""; ~t..Tt,r flan It' 900
116~~ Av~. S.E-to l3ath A¥e. S.E.
K.'Vr)\.V ALL M1':N RY T//K .. ~E PRESENTS, '1'1.111 ,he G.,...:.mto,. ttJ"'"°lANOS COHVALE.SCEHT CENTEr.
l"C •• Fo,..,,,.,.rly H. & k 6 CONSTRUCTIG~ l~C.~ a WOshtngton co~por~tlon~
/Dr um! m con&aderattat .. of d,e :su..-t, of----T£H A.MO HO/';Oo ----($10.00) -... --!Joifo,...,"i
•~d o~~r valuable con~ld~rctlo~.
litt..-ebt., conv..?y ,md 1.oarran, 1-u Eh~ STAl'E OF \V.-.~111NC'",Tt1..,., ttd" frHuu1a11-r, de~c-,J,..,.d rt"ni -f> ... aorot• .t.:d1,
aied tn Kl n9 ("'oun1 ~ tr• cJtc <;'11ue-of Wasl11nu1on. i-o rht· :~mn.1c
£"%rent ana p1.a.rpo,1;e as if Jh;r-right.-ht."Te111 iTant.,.d h,1•' bt•f"t1 •1f'"(lUITl"d 1n1cfr-r FTn1nc,u Oam.:..111 ,H.Ai-qf,-.(),
!lie Suu:e-oJ Ww:I 'n!]lon
Al I that port1on of c..,e fol l°""ln,g de:l(;r'"lbe:d Parcels HA.• and ••01• lying -westel'"ly ~m1
south'"'415terly of the f~llc.,,..in.g d~scr:b~d 1,ne:
8egfontng at a point SO feet easterly a~d oppo5lte KrghMliy Cnglncer'$ Siatlon 22·~~
INhen me•·.ured at' l""lqht angles and/Or ,..adr.-tly from tt'le 116th A.vi) .. $.£. ce"'t•r Jlne-uf
SR 900. 116th Ave. s.£. to IJ8th Ave, s.~., then~c aouihert) •~ • 1tr•Jg~t lln• to~
~olnt 60 feet northeas~erly •nd opposlte 1 ghway Engineer's Station A ~+~7.92 ~h~n
rM-asul"'cd at right .anglet: anLFO:r radf&ll"J from t.h~ A llne Cit-""loter I Sne of ••rd hlql,wa•v,.
thence •ou~haacterly ~•r•llel ~Ith s•td A 1Enc ce~ter line to the southeo5t~rly margin
of sald Parc:itl '1 B" a-rul ""d of tttls 1 lne description.
P,-itCEL 1 •A•• t
'th.e south 75 feet or t:t,.e south h.alf of ttle """''t hzdf of tho n.nrthwwes.t <.a-lWll""ter of l'h"'
noftht¥e•t ~uartcr of the north""*lt qva~ter of Section 9. Town•hlp 23 ~orth. r~nge S East~
~.N~. Jn King County. ~asftlngton. EXC~PT th~ l'oeSt 30 feet. fn~ ~o.a~.
PARCEL ua,u;.
"111all portlo" of tne IJ\Orth ..... 1t quarter" of the '"HH"thwic•~ QU&rte,. of" SactJon 9. l"o-wnshlp
2J NOrth. RanJe-5 Ea1.t 1 W .. K •• ln King 1,..-,unty. ~a5hln~C01J, dl!":!ric.rfbed as fo\lo-.,;
B~9•"~tng •t th-9 nQrth ..... ~t CQrner of Section 9. T0t,,inshlp 2) Horth, Aan~e ~ Ea~t. w.H.
111 titf'lg Count."y. W•,hfn9tono, tkence so~th 0•59•2,•• -we,:t &&J;."l> leat: thence south u:t:1:•5-5•3,1 ..
eest lO f"cat to point of beglnnlng; u,.nc.c.t: ,outb t59•5s•:,, .. e•st 28'!) .. 6lt feet to ttlC" ¥oie"St
lln~ of ~enton Hlghle~d. ~ceordTng to pl•t reco~d•d In Vol~mi 46 of P1q~•. page 34~ I~
kl n~ Count \u, -hi n91ton; thei,c.e sovt., 0 .. -t.7 •05u .......,.\. ~ 21 + ZO , • .,ti thence •al.Ith 60•3s•o51o
,-rest 2.)0.7'• foc't' t:Q i,he ng.r-the••terly .~rgin of St•t-1;-H"tgl-1W'iiiy No. l;. the"c'° "o,.th 31•10•5-su
1MD•t 1.4S fe~t to point of curve: t"rnce north.,..aterly on a cu~v• to~~. left ha¥1n~ a
r-•.cUu• cf 68f• .. 86 feet 145 .. 10 fC"ctt to tho ee1t fflll,f'"!9ln of ,16th Av,.nu., $outho&st. u,ence
north a•s.,1 21u e•!t-~ 1Zit.7) feet ,;t> tJOilnt of bOglrJnlng.
TOGETHER WSTH 4-h •••e ... 1,it tor lng.rc-sa •nd e9rc11:1 over• 1,trrp Qf la-r1d ZO feet lo ""ldtn,
tho east llne of ••Id ~trip beSn9 da~crlb~d aa foll(no(s:
&e9;11.,,Tng •t the t"k,,,irth""9.&t -c.orn111r· o( Scc.tlon •J. TQ1ilfflshlp 2:3 Horth. ~nge 5 last. w • .-. ••
In K.lng County_. wa-,hrngtot'I; theu·,~e •~wtll 0•5~•2h~ """*It E.~.) .. 24 feett chenca stn..-t:ll ua.•55•37"
east 319 .. 6~ f•et to th~ 'Welt llne of Renton Hfght&nds, a~cord•f\9 to p!ae re~o:rdcd In
Vol1.une la6 of Plats. p.s9c 34. '"' Ktng County. \lashtngt.oll: thence -:&out.It 0•47 1 05•• west 1:z,.2,..
feet: t:o pol rte a f t>egii nnf r,g of" the e••cme-rtt~ thence cont I inul ;,.g south 0•47 •0S" llloOS.t 435.89
feet. m,;;arc or le•s~ io the r~,.tnerly line of S!~te Highway No~ 2.
'Jhe 1enda hcrroln .conv•yed c..ont~1n •n area or 7,027 St:111. ... , feet. mot"'e or ~o:: ... s. t:h-iP s.:peclf5~
d•t~tt~ concr~~Jn9 •11 of-...,.t\lc~ •~• to he foynd ~lth1n thot ccrtaln map QF deFl~lte l~c.a.-
tlon nQ\tol of reeo~d and oo fll~ In tne of(lce of the OlrcGtor of Hf9hways at OlylQl.ia, ano
bearing dac:e of •pp~ov•1 .June h.1, lS169 ~nc: rit-vlsed Apt"l1 2~. 1?71 •"d th center 1a:ne of
...,...,c~ •~ olso shown of re~ord In Vol~~ of Hlgh...,.~ P1acs. page lea. ~ecords of s.•ld
c.ounty.
tt Is unders"tCOd and agreed th•t th!! St•tll! of \l•si,.•n51to•• w~lil rc-"'°vc t.h-e •"-ls.ting roed
.apprc..adl 1oeatee-d an the •uss.c-o:r)y •[d,t-cf serd hfghw.-y dt or ne-ar tllgm,,,,ay Englf'leer•s
Stetlon 21•00 end ~Jll ~•GOnltru~t t~c existing 1""04d «ppro~~h •nd dr-Tve..,.. loc•t•d On
the e•atcrly slde of •aid ht9hW11y.et. or neo~ Hlghway Engfneer•~ Statlo" 22•00. which
•pproach •h•ll be ffta1ntalr,ad hetlMll•n th~ rtght of ...,,..y it11L;. a"d Lhr s~ouidcr llne Of
1a1di t,,lgh.,.y by ,._ ~ gr•nt,)rs. th•l I tic-I'"-"• 5uc;c:essor• or assigns. Thro grant.ors herein
ft.11"ther gr-ctnt to tlie-S.tJlte at W••hl ngton. or t 1.-s ag4nt•. the r~ ghc tg ent•r upon 1:h~
gren'Cor•:!> ramalnio~ 1..11nds wt, ...... ~ '\e"C'll"5!1-41f"Y to con5tr""11.Cl 1-aEd appra.a.:11 .as shOlfll., !r EJ,thfbtt i'A".:.«acht,d ~Ho.
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rt Ui undPnlnod ,JJul UgTc""f'd rh r u,a dl"hU.P, U nf tl•i:, it,i r.t i. :.P.,.rhy h•,rul.rrPff on:tf rlwt flif" h-1".nl~
a••Cf ohl~rt-,,1.:ii; 1u•n•of .sho:li not ht!-c:-r11Tiff bind1nn 1,1~")0 1l1c "{u110 of W11i;ih111gt-r,111fnllo','f.l'r unri: un1t1 nr<~p,ra
,uid opprot•~d lte?eoa, ,n .,~ ... uutg fD"" th.P $•s.ate nf W,ultu,ghn1 Depru•1RJf1'1U. of H1!1•111tn!J.': r,.u u,.., C1ue1
R1ght ot Wnt, Age11t
Ori tf"d rfn,r dau oJ
(""ounty of
J, the onders:ignF<I. n norar11 p~ch!tc in anrt ffl,.. tire S~oJ W~,ir;Jun91on i,er,ch!J rprt,j1, ,1u,T 011 •Jiu
:prrsOT1allJJ 11~,nen.,.~~i bt"for"' mi• 1.6 ttnu of Sept:!, .JS7-1---w ,..
02:1"" A. str.1:-= ai:>d D~. stn.-er
-----ln tne I. 11010n 10 h~ inirUuu1u41'1 ,a de:icribt"d 2u nnd 1t:!'lto l":'t'erutrd tha fnY'Pqouu1 ,u,;:J'l'"'l'imrnt. ttffci
~ h"1" s:u;rncd t:i:'tld •effied .thir ~nmc wt"thaizo' fre•f> n,1rl' ,~o,~tttM1"t, act nnri d.r~d
C111,nh1 nf K:bl;'
,,.,.~iP~ fhtrren, roefltuuaed
my luina tlnd n-,Olrml «cal eJ1e d11J, nti.d ur r 111~1 nbnuc un•1ncn
}··
:YeiaiTU Pubuc Ill ITl''U! for lhl:" 'ifQlr al Wuhrn,otn,i.
ReHrUno o!;;t Se~t.1e,. •~a.sh;l..ngt;.on
On rJU:I:' l6
OJ~'"' Ao st.r:1.-er
daJ, oJ sept. ,19'7l. _ bcfm-c mo pct.sor . ..1Uv aJ)pearr,l
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I~ THf ~A~T~~ OF SR SOO. Tl6ch Avd SE to t38tn Ave. s.~.
., "~ P, F-uzo-J
CS 171) U
kNO\I ~LL ~EN BY THf:.SE PRESENTS. that the ~ran~or. Hl~~LANOS COHV~tESCENT tE~T'E'~~
INC • fori1e.-l•~ 11. & R. ror..iS1RUCTlliH trJC • f\ We"thrngtc,n c.o .. porat:101"1 •
~ ~-~a~ and 2-.consideration of HUTUAl eENEflTS. 4oes he~eDy grant to the grancee. ehe
C") Sl'ATE fJF VA'StUNGTON. or ics agents. t·· rl9ht 0 pcrmitt lic;cnse and easntreot to use
and ot:.c;:upy the '1Cr~ lnafter desc.r'J bi' .-,d~ f-0111 date. .l,.e,~reof unt: I I th• canpl et I on of
the c:~"''!&trvcti-on ,.,f t:he abo._.~ :t,fqhuoJ>. J)!"'ojcct'". for al"llv :t~tl ~11 pyr-poses fnctdent:iil
r--to the con~truction of the aP'>ve-,nl!n~toncd hfqhway~ safd i~nds ~eing situated ~n Klng
County. ~a~hington an4 de~,ribed as fo11DW'!>
All that pol"'tion of c.he-fol towing desc.,.Jbc.d 'P.arcel; 0 A"' and ·•s·· wh•c.h l 1e11, ~r .... e-en l •nes
nambered l ~~d 2? eaen a~ descrlbed he~ein
Line .lo-! Beg1n~ing at a point 50 feet e~~terty and oPpo~i~e High.oif'ay Englneer's Station
22+'22 when ceasured a~ right ~~ql~s ~nd/or radially fr<MTI the lt6t~ A~e. S.E c~~ter 1,~c
of SR '900r 116th Ave. S.E. ~a 138t~ Ave~ S~f.; the~ee s~cnerly •~ a 5~ra19ht line to a
;,ntn't 60 ~eet ,-.ortheas"terl.,,-.lllnd .cppc'§Ste Highway t:;ngtnll!:C!r"*"!i. S.t.•tlor. 49...S?.9..r: 'lr-'hen-fP.t'ao;.ur0d
at ,righC angles and.lo~ ..-.,dially from t",e A line ca:Titer Sirie of sa'id higtr.,,='lv~ rhen~e soi..1th-
e~ste~1~ p•rAllel with said A llne ~en~er llnc ro the southea~ter'v mar~,n of said Pa~cel
Band end or th•~ Ti~e des~riptl~n.
l.irre HO-2. Beogh,ni"g at a point 8 .. f,eet ea,.t@rl~ afld oppo~,t-e Highwary r'l'lqi."e,e,·s ~ta •on
22+22 w~en ma:•surcd a~ right ang1~s from rhe IJ6th Av~ S £ su~'\:fl!!!v I-~~ of~~ '900 l 16th
Ave. S .. E .. t'o 138th A.vi!!:.. S. .. t .. ~ rhc:nc;:;~ southeaste,.Jy In a S"t.,~iqhc I •nc to a po1r,t ~50 T4:=.ei:
ea~E•~l~ and op~s•~~ Hig~y £ng,neer"s Sta~;on 2l+64 on ~~ld ~urvev lJTIC~ thence ~ouche-Sv
parallel w1~h said s~rvoy li~e ~o a polnr ~pposito Wlqtiway Engineer·~ St~t,on 21..t.6. then,e
$~ut'-esterl~ rn a st~atqht l,ne to a pol~~ 100 feet eas~e~ly and oppo~f~e H15'1w-a~ £ngi~ecr 's
s~~tlon 71+27 o~ ~•id ~u~vey line,. ~he~ce southweste~l~ in a stralgh~ Jina to a polht 90
feet ~•sterly a~d opposite ~lgh.i'ay tnglneer•s Station 20+88 on $aid ~urvey line. thence
soucheasterly l~ a s~raigh~ ftn~ ~o ~ point 90 teet northoas~erlv and oppo~it~ H19hway
E~gifM:'Cr'~ Station ~O+lt3 whe~ r.aasur~d dt ~ight angles f~-oM ~he~ l•oe center t•ne of s~•d
highway. then~ sou~hl,,cs~crlv ,~ ~ strd~ght 1Tne rQ a potnt 60 r~et northea5teriy and
op~jte WJgh,,-ay E"gine,er•s Station 50...+J.1 o~ ~did~ Ji~• ;•ntcr line and end of t~is ll~e
dcs.<;.r ip~ ion_
P.IRCEt.. ••4••
The scutb 7S feet of the sou~h half of cm:: .....e~t hoJf of ~l'K!' no~~~sc qual"'ter of ~he north-
.-,es~ qu,a~c~~ of ~he northwest q~ar-tcr ~f SectTon·~, Tovmshl~ ~ ttor~n. Ren91= S Ea$~. ~.M.,
in •ing c....~nty. ~as~Jngton. £~CEPT 'Che ~$t 30 feet, for road.
P"\RCEL I •an.
That PQrcio~ af the northwc~t quarte, of the no~rh.,cs~ qu•rcer OT ~ect•on ~. Townsh•p 23
Hort:~. ~•nge 5 East~~.~~~ i~ ¥.i~g Co~nty, ~ds~ington. des~ribed a~ ~ollo.rts
~:ginning at the no~tt...N::!:sc soJTlel"' of Se~tio~ 9. Town~hip 23 North. Range 5 East. W.~ ••
in K.~og ... oun'Cy .. ...,ashlngi::on. thence south 0°59•21• .. we&.t 663 24 feet-. t:h-encc south 88°,s5•37•·
east JO feer to pain~ of beginning-th~nce ~outh 88°55"37' east 289.6~ feet~~ t~ w~~t
; line of RentQn Hlghla~~ .. aCGOrdlng to plat reco~ded In Volume 46 of Plats. ~•g• 3~. i~
"ln~ county. s~shfngton. t.hen.c:e south 0°47 ·os·• wes.t 121.2.0 fe.e.'t: t"hance $Ot.:.th 6o0 )S'051
west: 210.11.,. feet tot~ nc,.rtheasite.dy margln of s-cate Hlgnw-.ay No 2. thence north 11(',u-..~55,,,
we~c 1 ~S feet to polnt of ~urv~~ thence ~QrthwesteTly on a curve to che left ~Pving a
~adiu~ of £1J.lt.86 f•ot J45.10 feet to the east margin of 116th Avenue so~the~st. thence
nort""' o0 5g"2J•• east l2Zt .. 73 b..t ito poior of Deglnntng,
TOGETffEq VfTfi aio easement f~I"' ingros.s ..llnd e.9~-a~s over a ~tr~i, oF land 20 feet tn widt'I,.
chc e«st llne of sa1r. scrip being descri~~ as tGtlow,;.
BeginniMg a~ ~~e norchwln~ corner of -•ct ton 9. TO!rfflshir 2) No~th, Range 5 £•st~~.~ ••
tn tcln.g: C.oun~ .. Washingccn; Ch:t!:l"Ce sou tr, 0°S9'2I" W11!!$t &6,3 .. 24 fee ... tticnc;::e south 88°SS' 37··•
easE )19.64 f•et to the'"""~~ line of Renton Highland$. accor~lng ~o plat rec..0rded ,n
voJU:lie 46 of Plats,.. p•g.a J4. in ki:ng C.Oul"lty. ~./ash1n9t:ot1;, .. ,cnce south 0°47•05·· wos.t 121.20
f'ee.t to point. of begfn,,...,lng of the a.asernent.; t:hen,t;e c;on,..lnulng scu-i;:h 0°47'05"' we111,t 4JS, 89
feet.""'°~• ~r 1•ss. co tf\e nn~th~~ly I ;ne of Stare Highway No. 2.
The r .il'$il!W' tftt' he .-e ln above.ode1-crl bed c:orit ~ t s •n ar .. • of 1, ,820 1qu ... -,re fll!l!at • mo.re. or les'S
the ~~citle det~Jls co~ee~nl~g at' of wh•-ch a~e tQ be r~u~d ~it~ln Chat ce~ta1n map of
def;..,lte loeat ;o"' ,..ow oF IF'Cn:·,l"'d .1nd on tt le ln tt\e offl~o or thd pirertor of tUghw.avs, at
0fV1'12?'La .. ~.,.'lhln,g:ton., anrl bear-ing date ,of ap-p_.Ovdl June 19. 196.9 cu1d revls.od Apri 1 72. 1971
And ~he een~er lin~ of 'W'hlch i~ af~o shown cf r~~o~d ;n v0Jv1Mt 4 pf Ktg.,....oy Pl•t~. page
l~dw t'-l!COl'd5 cf '!iAid C.OUfl.t:y ..
r,-. =-
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r·.ag,a. 1 of 3 1-'•gas
,-8607
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It Is fu~~her und•~$tOOd •nd agreed t~•t t~e Gra"tee shall Indemnify and save ~he Gra"tor~
hiarmles!: from a,.1 and •11 c;;l•~m,. and causes of act.h1n of every klnel •na description hhlch
IIIJily •ccrue to, orb~ ~uffered by, any persnn~ per~~ns or property by ~eason of. yrl•ln9
out of~ or re$ulttng frOA t~P use and Q~~upancy cf said lends by the Or•nteet Its successors
and ass l,gnis.
This permit. and all rights gr~nted h~t'eurwler, shall t~irrnlna~e automatrcelly a~CI without
notl~e upon th~ compfetlan of the conistruc.tlon of the above highway projeet.
Ttiat t.he tenns and obligations c.:itpressed h~reln. ere not binding upon t~e S~•te oF Weshlngt~n
unless and un~ll e~cepted and apprcved t" writing by the Chfef Rlgh~ of Way AgPnt of t~~
U'Cparvaent at Highways of the Saa~e of Washington.
MTED t~rs {h clav ot-_S:l..!·;.,__.&:a~'--------· i 1971_
HIGHLANDS CCHfv\LESC~HT.G.~NT£.At IHC.
(~, .• . _!.,.,-7' .,.,
av,, ,-r; :::r:: _,£. ::,h & ( .. ?'·£ ~~ ... :::: ~ ..
~ .r J .. / ,I. ,-
BY:'--,; fl't-+:A A ."'"r---4 I"r, .,_ >r ,tr,-~
ACCEPTED AHD APPROVED:
Da~e: ______ ,?~,~~d'.~-~·~r~-c.-~'/":.... ________ _
t. ,r .. 2
I
offlclal seal the day end yea.-last •'bove w~ ~/~~-ltOTARYPU1C In oand fo_.. th• fff2af
W.•htngton,.. resld1n'!J •t$er _£;:i:?
Ttte UNter$l9n~d n,:,~tgagees h~~by consent to the grant,~g
drscrll>ecl. SE.P Z 0
STJ<ff. OF W.SIU NGTDN )
•••
r.J;·:;:-~:,.-.,,!::c.:·""-·.,,..::..._'_'f'_7 __ ' ____ '.before ffW' ;p.er5on,111 ty appe1tn:d
". -,
itnm.r •it? ear • a;;; J -u em, " ~ W-c:.,,....~-,..---.-------,-..... --...-....---,---Q':i~i>Or.t.fc-tn•t e-x•~uted ~he-forego1ng ln~tr~~t. and ackno-.iedged aaid l~s~ru•
T _ "' and
., ~,"f:.ret .,.d vol unt•ry ac.t •n.d deed n• ••Id C:~t):lorat ran. for-",e us-e-s end
purpc. _...Nlit mrntlone-d .. •nd en oath stat:ed ttwt -~-~ -.c. -,:;r •uU1or1z.,,d to
e:,ce-e.~te said lns~r...,.nt end ~hat che seal affl-ed •• th~ co~P'""r ~• &eat of ••Id corporAtloh.
or
I
~-:.-..,..-,;.....,.......-._:;:::::. __ " • .4'
The under-st gned hereh't r..onscnt to th.e 9rantlng of ct:ie ease-men"t tlerelf"':),-""o• ...
d~:5crJ
/
lj:lt9 .. ttl a~ kr: .I~ anu_~.._,.,,. ... ~-.D~~-----~~----
r.tl~n th•~ c~e,~ted the~egolng in•t~u,,ent. eek"'°'" •dgcd saJd Fnst~uR
ment: ~a be t:he ~ree •nd voluntar"y ac~ a~d deed of ~aid7.~orporatlr~. for th~ u,e• and
purpos~s tN!l!'r-eln mentlo111ed 1 al'ld" o" oat:h state.fl th•t -t. ... ~•f ~ authorlzt:d t.o
exl!'cutr 1-aid Jnstl""~nt and that tne sesl ,11f-Flx11C"d ls -cr-e corpor•tc Se.lll of sord' corpor.-i::lon.
GIVEH under u,y hand ond of¥i,tal $eal the day and year 1 a.&t above w~lttc~. rr.., ·
)
)ss.
)
" .,-,
/
fo~ the ~t•t~ ot w•sh1ngton, nereby ~~r:ify
------"ersonal ly ap.pea ... ed ~fnre
~c:tf~ld:u,at d'=scribed fn and , . .-.o executed
~ ..... ~ signed and ~~•led th~ same-•$
~u~,..,-,,.~,=-• .,.,n~dc-p,,.-,,.H: .. p~es t hr re: i "' .,,.-n t :r oned.
ClVEN under wrv h.lind and off}clal seal th~ dav
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PROPERn' OW,~ER
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IUpt o(Enlry· ._.,
Tel CablnWOa orWashin&ton,. lnt
Iil-11 f'Kilk 11Jg1n111y ::,OulD
Seattle, WL 9S 188
PROPERTY
'.
~Q.ffie: SL"NR1SE HE."\l..Tii CARE
AJ.drc!>S: lllOEDMONDSAVENE
01~: RE~ TO!\:, WA 98056
N:i.me: HIGHl.J\NDS CARE CENTER
Addres.s: J 110 EDMONDS A VE NE
._:ity; RENTOr,,;, WA 98056
Con:.act Pe:r!>On: Coma.;:1 Person:
Telephone: 226-6120 Tdeplmne: 22.0-6120
0¥.'Ile:\A.utboriz.cd. A.gem Al.LEN DIRE
1'1-.is .~mem emered imo this f'J~ da}· of ~V(.r , :i9Y5, by aDd he.tween TCJ
Crlblerisioll of Waslli.a:glOn.. tac:'"""'"" CCOM , and Sl.JNRJSE HEALTH
CA.RE. ("OWNER") located at 1110 EDMONDS AVE NE., RE!'tlTON. WA 98056.
In .:onsideration of the mutual covcnant.s., bcnef:·_, and pmOl.bCS set out herein, the parties
rru..nually agree as follows:
1. OWJ\"ER hereby gr<iflts to COMPAl"ff the right co construct., upgrade, instalL OY,'11,
opera1e and mannai.."'l equipment necei.s2ry to pro.'ide cabTe ,elevision sen.ice
("SYSTEM"). 1Jp,lD the property and within the building{s) com.isling of 46 units located at
J J JO £DM0l\'DS A YE NE in the cit}' of REl'JTON, and !he count}' of .KING, in t.be state
oi \\'.ohington (U'le~PROPERn··).
2. Sui",_iecr to the a,,.·cilability :!.hereof pursuant to .ippli.::ablc pragramming ap-eerr.ems. and
ihe te:nru bereoL i1 is undemood and agreed that the programming services offered by
COMPANY here:.md~r will be th~ i,:enerally provided to the community. COMPANY
re~rve:s the right from time to time and at :i.ny time to modify or change sucb
pr()j;nunming.
3. 0\\1'ER !,hall provide, without charge to the COMPANY, adequale space and
.:Jectricicy, and right of access for the conscruction, iru.Wlation.operations, mamtenan~
and ritpair of the SYSTEM, and for mark.eting. disconnecting and maintaining its s.cnia:
t.o residents of the PROPERTY, induding.. if ne-::ess.a.ry, a key to any oon residential Jocked
rr:,om or door ;.hat contairu. the COMPANY'S SYSTEM.
4. COMPANY shall co~truct. upgrade. inst.ali, mvn ar,d m.a.mtain the SYSTEM in the
huilding(!>) described above, in ac:a,rdanct with all applicable regu.latiOrl$ and rodes. All
pan_,; of the SYSTEM on die PROPERTY, regardlc~ of whether installed within or
ouLS.ide of building{s) am.I. whether insLallecl overhead, above, or !.lmie~ground. and shall
remain tm pcrwn.t..i property uf t.."le COMPANY, and sb.ail not be: considered a fixture t0
the real estate or finurcs of the bu.ild.ing(!-) located thereon, ntJr :.hall iillY part of the
SYSTEM be used al any time by or for !.he benefit of any party other than the
COMPANY.
5. CCJMPA.'°Y agrees to indemnify OWNER for an) damage ca;.ised by COMPANY
ari!>ing from or relating to the construction. i~tallation, Of!Cration or removal of sucb
facilit_1e!> b)' COMP ANY. COMP ANY agrees to ma.in tam public liabilil] insurance
cO\•enng i:.s activities on the prcpeny, in amounts of not les:. than S500,000 for mjury to any
one pers..'1n. li500,(0) aggregate for any single occurre..1ce. and at lease $500,000 for
propcrry <lamage.
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b. lYPE OF ACCOt.:NT. (Clled one ..md ha11c O\\'},,;ER iWtial)
( i !~DI\'1DL...\.L RArE AC'COL"!\.T: (lni1ia.h of OWNER). OY..NER agrees
i.!::wi.1 CO~tp_.;_"'y ...z.a.:.: ha\-c .be :ich! w ~,.c;_ itnd :ont:.u:i: \110:ith indi\idual r~dcnts of
Lhc PROPER TI' for ~r,.'ice., \ll"hu J:wI be clw-gcftnd Dilled individually for ronocctior. to
'ihc SYSTEM at the COMPA.'\"5 regular a.'ld curr::D.l moDLbJ)' l>C'1'.'kc rates., including
iii)plicablc i..ue. and woncction ~sci,. _jpPl(cabic 10 lbe SCI"l,icc: ordered.
~ULK RAU ACCOU~'T: ~) OnitiaL, of OWNER) OWNER agrees
tu pay for wWli; ielc:· "i.~lo:i si:r,.i~ p.-o, Yo ihe PROPER TI" !>)· COMPA .. "'Y. a..,d furi.her
agreo. to cllter into &od :.ign COMPA"'i"Y'S Bulk Rate ."\greemt:nL OWNER shail he
res.pons.ibk: for .md ihall pay a moo1.biy service charge w:tdcr tbe conditions, n.tles and
tef".lm specified i.n I.hi: &.ill. R.a1e ,.\gr£emcni.
7. B) execi,tion oi the Agree-me.it OWSER here~)' gram .. ~ C0!\.1P.Al"'-l" a Right of Entry
a.ad E..asement O\'Cf, across. aJoog and 1.1ruk:r tbe PROPERlY for the amstruction.
iru.ta.11.ation, marketing.~ maimcnanoc, rep.tlr, a.nd replace~nt of all pans of
lhc SYSTEM to serve I.he PROPER'tY an,1.1/or alijoi.niag r;roperties.
8. OWN.ER ~ee5 l..b..:1 1cs.idem managen. ..-m DOiify !.he COMPANl' if and when they
bcoom;:; a""are df any da.m.ages to the COMPAN"Y'S equipment including, but uot limited
to. loci. boxes. cable. vaull and com-encn.
9. Ii i.,., undi:!rstood .:ind agreed that COMPA.i~Y may :abandon its facilities in place and
3h.JI not be resp-:msibJe for the removal th!!reof if such abandoned facilities will not
imetfere wiLh the use and occup;v'l') of the PROPERTY. The facilities will not be
cor~iderca.d u:, be abandoned unless \\"Tinen notictll.lo the effect i.!, given by COMPANY to
OWSER.
10. Tne 1erm of tni~ Agreem.em ,.h...::.il he for i:l period of 15 years., from the date first
\>.Tinen abo\'e. renewabfe at the opti,,n of Ule COMP • .\..."'li:Y for an additional term of 15
yean,, howi.ever. "the COMPA..~Y may iermina1e this Agreernent \lril.b thirty (30) day;;. notice
to the OW l'oiER if COMP ANY ~ unable to install or m:rintain Lhe cable tcievision system
because of~\' govern.me.ital law. rule ~r regulaUor, or due lO any other~ beyond the
reasonable wD.uoi of the COMPA!'.;"Y_ Should the OWJ't,;.""ER elect to 51..ibscnbc to a Bulk
~te Accoum for a term to be !ess than full term of Ulis Agreement, upoc expiration of the
Bi.dk Ra:e Ac...""Ou.nl tcnn the OW~ER ma) opt to rene'·-'' t.hi.t Bull,; Rate Agreement or
revcn to the indiv:i<iually biilcd an.ngetmnt for tbe remainder of lhe term of this
Ai;reement.
I i. Thi!. Agreement superc:e;:les <&..r1y and aH other Right of Enuy Agreem~nts bctM:en the
pa..-ties., either oral or in \\Titing.. a."ld replaces all other or previous. Right of Entry
Agri:emems re la.ring to the subject matter hereof for the PROPERTY.
12. The benefits and oblig.tiuru. of \hi$ Agreement s.ball be considered as a covenant
runnillE-wi1b the land, and ~l inure lo lbe bcncfit5 of. and be binding upon, the
~UCU!!>.'oOf~ ~ be.irs and pcr!oOilil.l rcprcsec1..ati\'CS of the OWNER and COMPANY.
13. If iega.1 clCl..ioo is ncc:c:»aJ)' to ccnfor,x a.o)' pro~on or this Agreement, the pr~i.ing party in such ~ shall be entitled w recover ns cosb and cxpeDSei. of such action,
m.:luding reawnable anorncy's fees as detenniocd pursuant to such action.
14. 1be undc:n;i,;ncd OWJ'I-ER or authoru.cd a,:enl bc:rebv rcpi-cscut5 that be/she is !he
OWNER of tbe 'l1ROPERIT, or the aut:bortz.cd agent of the OWNER. with full aulhority
to bind tbe OWNER to the terms. and conditions of tbis J\grecmcm.
15. The Owner sha.il not use nor permiE the use of thc cable te.JC\oisio;:. sys&cm installed by
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lhe Cable Company or i~ agc.cb.. or any pan of such ~ysu,m for a11) ~ ::>t.bc:r t.ba.n tbc:
ua.ns.mis.sion of the CabJc Compa.Qy's s.ignal In parurular. but •'itbout li.miw.ion. tht
CabJe Company's .i.nslalla:I cable ieJ~J) sys,iem s.b.a!J not caTJ)· signals from or become
auacbcd to a master amenna, 1.DWViriua.i uuWUOi ~w>=. o=u.:....._,. 1.:,; ,.:...;;.:.~~ u!
;;ignals. from ~ldlitcs., other cable .sys.~ms. or uper.ilt.~,., or ~ vthc! meaft5. of proo.irung
telC\is.iO.U ~
16. Toe Ov.rner agrees that the Sen.ices pr-.,,.ided herein a.re ivr the private viewing onl;· of
its tenants. bomeowner5., OCCi.lpaD.~ and re!.id:Dts..
17. The OWNER underst.a.nW. 1.hat the Agrecmenl i-' c101 bi,id1ng upon the COMPAI"iY
until signed b)' an officer of I.be COMP . .\..-...:"r.
OWNER:
AL1£ND1RE
Its d/,n,,-lt'dta tz~
Date: q(i', (c,,
'H'?--')6
Date
C0.\1PA-...;Y:
TC! l..ahlc:\·...ion nf Wa.s.hint'Wn. lnc.
Hv: • -, . ,f' I
D"·:d M-¥Voldi
IL<.: Pre!>.iJcnt
NOTARIZATION OF O'w1'ER/ ACTHORIZED AGE>.T SIGNATURE
ST A TE OF W ASHJNGT01' ) / ) ss
COU1''TY Of f./-7~ )
n 10 '/. ' J /
On chi.s/ ::' -Gay of .._)~~·er 199 ..£ b,,,iu1 me. a :'\aury Public in the State
of Was.hmgton,~ni.Uy ci:l Mt' >n · iO me lmc>'M:II to be th:
individual de~ · and o eze~ 'II. n orc:g~mg :.nstnl!DCDL. and
acknowledged /she ;igncd d:.c same as · her free and volw.tary .act .:nd deed for
the uses and purposes therein mentioned.
IN WITNESS. WHEREOF. I ha.Ye hc,eunto .sci my ::iand and offi.:al !.Cal ilie day and )'eaI
,6rs1 above won.en. ,..
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My ..::ummi:,.,.ion &pires: 9"' ,;2 9 -9 J7
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STATE OF WASHINGTON )
COUNTY OF KING
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On No-.ember 13, '!. 995, before me, a Notary Publie in and for said State.
personalty appeared Dave Reynolds. known to me to be the Vtee President of
the corporation that executed the within J nstrument, known to me to be the
person who executed the wtlhin Instrument on behalf o! the corporation therein
named as COMPANY and acknowledged to me that s?Jch corporation executed
the within Instrument pursuant to its by-laws or a resolution of its board of
directors.
WJTNESS my hand and official seal.
l Dorinda L Suckles. Notary Public
In and for the State of \/V:ashington
Residing at: Bothell. WP.
My Convnission Expires: March 30, 1998
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Return Name and Address
AT&T Broadband
ATTN: Cynthia Valentine
4020 Auburn Way N
Auburn, WA 98002
1111111111111 2001122 0 0 43
ATT BROADIUIND EIIS 11 . H
?AGii 191 OF 994
121271zee1 ee.41 KING COUNn, UA Please Jmnt or type mformation
Document Title(s)
l Memorandum of Easement -Highlands Care Center
2
3
Grantor(s)
l Renton Highlands Health & Rehab
2
3
Grantee(s)
I. TC! Cablev1s1on of Washington, Inc
2
13
Legal Description (abbreviated 1 e lot, block, plat OR section, township, range, qtr)
NW NW Y., S09 T23N ROSE
G Additional legal 1s on page 4 of document
Reference Number(s) (Auditor File Numbers) of Documents assigned or released
D Additional numbers on page of document
Assessor's Property Tax Parcel/ Account Number EXCISE TAX NOT REQUIRED
0923059161 ~~:~ D Property Tax Parcel ID 1s not yet assigned
G Add111onal parcel numbers on page of document
The Auditor/Recorder will rely on the rnformahon provided on the form The staff will
not read the document to venfy the accuracy or completeness of the mdexmg
mformat10n
RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO.
Attn: Business Services Group
AT&T Broadband
4020 Auburn Way N
Auburn. WA 98002
253·288-7488
GRANT OF EASEMENT
This GRANT OF EASEMENT ("Easement"') dated 1) 10\01 1s made pursuant
to that certarn MDU Broadband Services Agreement dated o , by
lt&t,/[O t.l \-\ \&!I-Y N ("GRANTOR"), the fee owner of certam
real property located m \?\, I'"\~ County, Washington, and commonly know as
Highlands Care Center and located at 1110 Edmonds Ave NE,
Rento11, Washmgton (the .. Premises''), the legal descnpuon of which 1s attached
attached hereto as Addendum "A'' and incorporated herem by this reference as though fully set forth,
to TC! Cablev1S1on ofWashmgton, lnc ("GRANTEE") for good and valuable
cons1dcrauon, the adequacy and receipt of which are hereby acknowledged
A GRANT OF EASEMENT AND ACCESS RIGHTS GRANTOR, on behalf of itself, ns successors
and assign~. hereby grants and conveys to GRANTEE, its suc(;essors and assigns, a non-exclusive Easement m
gross on, over, under, w1thm, and through the Prerruses (both land and improvements) as necessary or desirable for
(1) the routing and mstallatlon of, m accordance wnh mutualJy approved plans., the Fac1ht1es (as defined m the
MDU Broadband Service Agreement), (n) the mamtenance, service, use, removal and operauon of such Factlll1es,
and (111) the marketmg and prov1s1on of 1he Services to the Residents of the Premises, logether with rights of
access, ingress and egress on and over the Premises as necessary for the use and enJoyment of the Easement
herein granted In addition, GRANTEE shalJ have the r1ght to construct and mstall (m accordance with the Plans
as set forth below) and use any cablmg, wmng, (mcludmg home-run cable wmng and telephony inside wmng),
power supplies, nsers, conduits, d1stnbuuon wmng and fac1hues, cross-connect fac1ht1es and/or d1stnbut10n
frames, and any rights of way and entrance fac1Itttes wuhm and mto the Premises and all buildings thereon, as
necessary or useful, or which may become necessary or useful, for the prov1s1on of Servu:::es to the Residents.
whether owned, installed, controlled or mamtruned by GRANTEE or not GRANTOR hereby also grants
GRANTEE the nght to mstall on the roof of any building on the Premises an antenna or other equipment, as
necessary or desirable for the prov1srnn of Services to the Residents, together with any wmng or cablmg from
the antenna to the rest of the Fac1ht1es GRANTOR agrees that GRANTEE may from time to ume enter mto
vanous agreements or arrangements with its approved assignees, des1gnees, agents or authorized vendors
(collecuvely, "Agents") and access to the Premises granted by GRANTOR pursuant to this Sectmn will extend to
such Agents GRANTOR will provide GRANTEE's employees and Agents access to necessary portions of the
Prenuses not readrly accessible upon reasonable nouce to perform 1nstallatmn and mamtenance funcuons 1n the
event of an outage or other emergency, GRANTOR wdl provide access to necessary poruons of the Premises
twenty-four (24) hours a day, seven (7) days a week so that GRANTEE may perform emergency repairs
GRANTEE will he allowed access to a res1denual umt by GRANTOR only with the Res1den1 present The
Easement hereby granted, and the covenants and agreements provided herem, shall run with the land and the
burden upon the applicable Premises shall bmd GRANTOR. and each and every subsequent owner thereof, for
the Term of this Agreement
102400
= = "'
B TERM OF EASEMENT This easement ~hall commence on the date appearmg m the first paragraph
hereof and shall continue for an m1t1al period of fifteen (15) years Thereafter, this easement shall be
automaucally renewed for consecur,ve lerms of one ( J) year each, unless orhenv1se terminated by the part,es as
set forth m 1he Agreement
The nouce oftermrnat10n of the easement wdl he deemed to have been properly given, served and received
only as follows (1) 1f delivered by messenger, when deltvered (11) 1f dehvered by a reputable overnight express
courier, freight prepaid, when delivered or (Ill) if mailed by deposit m the United States Mall, certified or
registered, postage prepaid, return receipt requested, when received or refused
C WARRANTIES GRANTOR and the ind1v1dual(s) SJgmng for GRANTOR, represents and warrants
1hat he/she/it has full power and aurhonty to ex.ecute this Grant of Easement. and that any and all necessary
corporate and/or partnership action authonzmg sarne ha~ been taken
~; 1 , I
EXECUTED on this l'L._. day of~~r""~"a,-i'---· 200_
STATE OF Vv ~ ', >l \ I\.JG-T'\\C,;
) ss
COUNTY OF_c_·~~~•~....,,,rr_'-"'--------1
By
Name M!tWH:IV V. Mn NI
(Pnnt or type)
Title IWl&NA,,Q.61(..
On thi, I:, \::1.. day of , 200 . .L before me personally appeared
Ct-.... .... tl J « y-·\J ))\ l.'ll 1t r: l to me crsona y known, who bemg duly swotn, did say that ___ .signed the
foregoing instrument and that said instrument was signed and sealed on behalf of-----------
and acknowledged said instrument lo be the fn:i: a<.:t and deed of _______ _
IN TESTIMON WHEREOF, I have hereunto ~el my hand and affixed by official seal m the County and
State aforesru.d, the day and year first above wnttcn
SEAL
NotaryP~
My CommisSJon Expires ~// / Ool ---
' 102400
MDU IIROADBAND SERVICES AGREEMENT
Addendum A
LEGAL DESCRIPTION OF PREMISES
A./vJ l/4 of the NW 114 of Section 09 Township 23N , Range 05E
Parcel or Tax Account Number(s} 092305 9161
STR 092305 TAXLOT 161 PORTION OF NW Y. OF NW Y. BEGIN NORTHWEST CORNER TH
SOUTHERLY 663.24 Ff TH EASTERLY 30 FT TO POB TH S 88-55-37 E 289.64 FT TH S 00-47-05 W
121.20 FT TH S 60-35-05 W 230.47 FT TO NELY MARGIN OF STATE HIGHWAY NO 2 TH NWLY
ALONG SAID HIGHWAY TOE 'MARGIN OF 116TH AVE SE TH N 00-55-21 E 124.73 FT TO POB
LESS PORTION FOR SR 900 TGW S 7SFT OF SW Y. OF NW Y. OF NW Y. OF NW Y. LESS CO ROAD
LESS STATE HIGHWAY.
3
102400
i
I
i
i
! j.,
• t
-C C
RECORD OF SURVEY
=t
.:·ll!o,-4----'---
~-PORTION OF THE NW 1 / 4 OF THE NW 1 / 4
CITY OF RENTON, KING
.. 'f.-
NE 12TH STREET
' ,,,-~~''=3.S•_,_--4<
,,
l.
:i-
•-112·
if
i~ t? ,n, ~~~--
REFE~S:
-----~
-::·,-
•
OF SECTION 9, TWP. 23 N., RGE. 5 E., W.M.
COUNTY, WASHINGTON LEGAL~
r l -.:
. ----
SCALE : !' • 50:
NOTE
BASISOFBEARtm
' Sl,RVEY NSTRI.MEN!~TION :
, ,,_,;,.,·. 'E":~ec: '!ft(1-1,1.,•,.:-l•, ,-,_ ~1:
'.'.'~\ '' .CL. 'tt ~·:e-•.•~11~ cU"/~'f ,c;:·
····'"-;,.
,-t,,:,c,:i;:U," ;,~{·1,,, ,1~E"-'TI: 1.,r. ,..,,,,r. ;;w
.;;" •HC-~fi" ""11·.ff:;' ~T< J.C:Cl'C. •left,,:-,· .-r,-:cc:1,'; h,c:,,Hucr,:,·w-i.':-;,,-c,:
SURVEYOR'S CERTIFICATE
RECORDING CERTIFICATE
· · .l!'WW.esmcivii.Com
.. .,
AFTER RECORDING MAIL TO:
J -~ D ADVENTURES LLC
3800 NE 4TH STREET
RENTPN, WA 98056 ltlUHlllllllll
: : _· . ·• ,-·. ·_
. Filed fm Record atR~qU:st of
MAIN. S'"fREET Esc~ow. 'IN¢·.
Escrow Numbe.r: ()4:....·435_6
~~Ai@i? JiT~ls DT 24.ee
0,111,zees t3:S3
KZNG COUNTY, LIA
. DEED OF TRUST
·(For uSe in thf s/a1e qf Washington only} C..:..4-• ..
Grantor(s): THE HEALING AR1"S CLINIC BY THe: RIVER~ A WASHINGTON CORPORATION
Grantee(s): Beneficiary -j & ._b ADVENTURES LL_C, ~-Wg:=,hi ngton .-···L,i mi ted L; abi 1 i ty
company. Trustee~ CHICAGQ: TIT~E cciMPANY-BEL-L.EVUE :_qFFICE . .
AbbreviatedLegal: PTN. OF THE/NWQ·_.OF THE' NWQ OF sN·:.9, T\?3::N,
Additional legal(s) on page: · ·
i;Ht<:,IGQ TITLE tNSURANCE COMPANY
"3$ p'lae~ ihe oocument ol
record as a custame1_cou1lesy
Assessor's Tax Parcel Number(s): 09.2305:'-91.6"i-05 and accepts no hab1hty tor
the ae.eumy er ,nMJly o1
. \he o.acumenl.
THIS DEED OF TRUST, made thiS 5'th U.ity of March, 2005,.·betwel!!h'"THE HEALIN~ ARTS
CLINIC sv-·,THE RIVER, a washingtori corporation, GRANfoR:' whose· a~dress is _.19390
BYERS ROAD SE, MAPLE VALLEY, WA 98038._, CHIC.0.:G_O TITLE C~P~;'(-BE;-LLEVl,Ji:: q:FFICE,
TRUSTEE. whose··address is 10500 NE 8TH STREET #17,.00_r· BELLEVUE'/ WA: 98004,_..and . .'.J & D
ADVENTURES LLC ,". a Washington Li m·i ted L iab-""f1 ity cainp~n")/,""BEN-EFICiAR)'", whose
address i's 3800., NE 4TH STREET, RENTON, WA 98056, . -. .
WITNESSETi-1: · :.arantor hereby bargains, sells, and conveys··.to: ·Tn:i~tee_-ill·t~st, w~fh pbwer-of sale, the
following d~_SCribed real property in KING Coumy, Washington: ··
SEE.-··' EXHJ,;:·EHT :''A" ."ATTACHED HERETO AND MADE A PART OF ·:f?Y REFER.ENCE.
s·usJ EC~".--To: SEE EXHIBIT "A'!./ ATTACHED HERETO ANO MAD£.. ~ PART OF" BY
REFERENCE.
which·\,eaJ,,.pr6~erfy is/not i~1sed> princfpa:11.y for agricultural or farming purposes. together with all the
tenements, hereditaments, and apJ}urufoances now or hereafter thereunto belonging or in any wise appertaining,
and the rents, issue.s, and .. ptOfits.:thereof. ·
This deed is tor .Ule purpo_s,c/ of sec:.':°~ring performance of each agreement of Granlor herein contained.
and payment of the ·.s:um _9f ~GHT HUNDRED NINETY EIGHT THOUSAND TWO HUNDRED AND
N0/100 Dollars($ ggg·;·200 .;00) :o,vilh interest'. :in acCord_.iilce with the terms of a promissory note of even
date herewith. payable to BencfJciar)' ... ot .. order, -aml -madc,"by Grantor, and all renewals, modifica[ions and
extensions thereOf, and also such··_further stims us may" be advanced Or·l()aned by Beneficiary to Grantor, or any
of their successor.s or assigns, toget~er wit~-i·nterest J:hereon at ~uch_:rate __ ;,..s -~hall be agreed upon.
To protect the security of this Deed ~f'T~st, Grant6r covenants altd ag?'e~s:
J. To keep the property in g_ood condi1lon and repair; to pennil'nci "'.'ast(: .thef~of; tJ;J c~mple1e\.1)y· building:, strucrure or improvement
being buil1 -0r a.bout to be built thereon; to restore pcomP1lY an} bu1ldms:; s~cture1; or llf)provemem 1hefeon which may be damaged or
destroyed; and to comply With all laws, ordinances, rcg,llations~ 'C?venaTµS, c9nditiohs, and resrriccicm.~ affecting the property.
2. To pay berore delinquent all lawful taxes and assessments upon 1tic :prope~; to keep:tlJe p,;;~~i-ty free·.~nd clear of all other charges.
liens or encumbrance.!i-impairing the security of this De..:d of Trust. · · · . . . . . .
3. To keep all buildings now or hereafter erected on 1..lle property ch:scrft>ed _.hecein .~omll,i:ioush,." insU;ied· ~~ainst los~ by fire or other
hazards in an arnounc not less than the 101:al debt secured by this Dc-,d ofTTtlgt. All policies sha~l be.he.kl by the _Beneficiary, and be in
such companies a.s che Beneficiary may approve and have loss rayahle fir.it to the B¢neficjary. a..~ ics in~esr ma!{"a"t:iJ>ear. ·~nd thim to the
Grantor. The amount collected under any insurance policy 111::iy be appliOO upon ·any iJjdebte.dness._hereby s_ecured in such order·aG the
Beneficiary shall detenrune. Such apphcation hy the lkndidary shall nnt cause diBcontin_uancte _Of:·any ]lr~edings cO fp·~C(:lo_S,e .m,s
Deed of Trust. Jn the event of foreclosure, all rights nf the Grantor in insurance pollcles th<:;h. in force shal.1 pasS to the ipurChase:c",a't the·
foreclosure sale · · ·
4. To defend any action or proceeding purporting to affcc( the sccunry hereof or the rights or powers."of Benefici3ry or. TnisE!ie, al)d to
pay all costs and expenses, includmg cost of title scarcl1 and amHne:v·s fees in a rca:<;onable amount. in aiiy such actioti o_i proce<'!ding; and
in any suit brought by Beneficiary to foreclose chis Det:'d vf Trust. · · · ·
5. To pay all cool.!i-. fees. and expcnses in connection wnh thi~ Deed of Trust. including the expenses of the Trustee i(lcurre,;l' m enion:mg
the obligation secured hereby and Trustee·s .uxt attorn.:y·~ ft:t:~ adtully inc.urrcd, as provided by statute.
LP8-22
Pagel
I
:6. Sho_~·ld Granlf.Jr fail lo pay wh11m due any taxes. assessments, Insurance premiums, liens. encumbrances f.Jr other charges against the
· prf.Jpe,fiy hereinabove described, Beneficiary may pay lhe same, and the amount so paid, wl1h imeres1 at th¢ rate se1 forth in the note
secu:red hereby. shall be added to and become a part of the debt secured in this Deed of Trusc.
IT JS MUTUALLY AGREED THAT:
1_,:~n ~~ e~~t ~ny portion of Ihe property is raken or damaged in an eminent domain proceeding, che en1lre amount of me award or such
'POniOn as .:i:n•Y ~.-pecessary to fully satisfy the obligation ses;ure<I hereby, shall be paid to Benefleiary 10 be applied to said obligation.
::z. ~Y accepting p.a/ment of an',' sum secured hereby after its due date, Beneficiary does not waive it" right to require pmmpt payment
when due' Of:alt othef. sums so secured or to decllll'e default for failure to so pay.
:}. The:.Trus1ee shali cecqnvey·.aJJ or any pan ,of the propeny covered by this Deed of Trust 10 the person entitled [hereto, on wri«e11
.:i-equest of th~ Gra~ior:,and the Beneficiary, or UP.Qfl..,fRtis.faction of the obligation secured and written request for reconveyance made by
the 9.enefldliry o,:-·the person entitlcd-lherem. ·
.. 4. µpon di~ault by :o'rancor.,·fri lbe pa:i!'Jlem:~{~ny 1nc1eJj\~ness secured hereby or in the performance of any agreement contained herein,
:.~11 .'sums _s"e.cure_d hereby ,.Shall _(mme<:1,iat1;~Y beco~·~tfe and .P.,a,yable at the option of Ihe-Beneficiary. In such event and upon written
re(jue:s.t pf Ben¢fidary, T1"l.lstee.;shall sell:ihe trust R_roperty~.tn ace'Ordance with 1he Deed of Trust Act or the State of Wa~hmgton. at public
auction-.to thi:: highest bidder.,: An:,o:~n excep(.Trus_t'ee may l;dd _a.1 Trustee's sale. Trus1ee shall apply 1hc proceeds or thC_$ale as
follows·:· -(.1) .to th8 expetise o-.f the s;Oe, idetud,ng a.ire/r~ble Trw;te~.-11-~ :md auorney'.s fee; {2) to 1he obligation secured by this Deed
of Trust; arid (3) ~e surplus': ifa~?'· s~li be d_li~fD~ed to th~'flitl'so~ en(~ed thereto.
5. Trustee shall dti4ver to the ptircha,ier at llie s~ its deed;·.~ilhciutwlinanty. which shall convey to the purchase.r the lnteres1 in 1be
property which Grarl'1pr had_ 9t had the po~r 10 cOhvey at ~lie Jime of his execution of this Deed of Trust, and such as he may have
acquired !hereafter. Tti:n«ie'S deed _:i;:h.all r¢cite tbe_:t&cts spo.Win_t ma~. lhe sale was conducted in compliance with all the requirements of
law and of this Deed of Trust. which recir,iil shall ~ prim.ii t.i:ci,;r evid¢nce of such compliance and conclusive evidence thereof in favor of
bona fide purchaser and encumbratlees l~i-value.:· · · ·
6, The power of sale conf"erred tiy-thi.;-Deed _bf Tru8'l and,-:'·by mi De.ed··~f f~.t Act of me· S~e of Washingron is not an exclusive
remedy; Beneficiary may cause this Deed ofT:fUS1 to ~e fo~eclosed a.s .. a' mortgage. · ·· ~
7. Tn the event of the death. incapacity, diia1bility ~-res~'~tio.n·.'·of-Trus~. -~eflcfary m,a;' ~!)Ji-bint in writing a successor tnJstee, and
upon the recording of such appointment in the-_ m,;:tngas,_e recotds -Pf the Countr in \Vhich.·.'t~, Deed of Trust is recurded. the successor
trustee shall be vested with all powers of the ori&in:al trustee. ,The_:-truste~:i.s noi"oblig_1;1.ted jo notify any pari:y herew of pending sale under
any other Deed of Trust or of any action or proceed I rig in ~hicfr_ Gr.aJHOr. Trust~,_:..'or Bimefi¢iary shall be a pany unless such action or
proceeding is brouglu by the Trusree. · · · · •·.
8. This Deed of'Trust applies 10, inures to the benefit ol. and \.s bindtng' flpt only_,6n th~/p.a~-s hereto.'.~ on their .Ji~ir;.~ devisees.
legatees, administrator.:.. executors. and assigns. The term Beneficiary shall ·mean--the h.Older··a.nd q.w:,;i~r of-.the noce,,Se,:;u~d her~by,
whethe.r or n<;it named 3:'° .. Benefici:aiy herein. · ·
STATE OF
County of
THE ··HEALING A~Ts=" ·CLINIC sv :.-TH.If RIVER. A
WASHii'IIG I DI~. CURh.:>kA I ;LON.
WAS~-INGf"oti } ~~co-------'----c--~~--·ss
K_I_N_G~---~~-~-~---r · _:
I certify that l,:biOW··~r h;ve ~i"atisfacto~,."evidenc~ thai ~_...A_Y_L_E_E_D_W_A_R_D_S _____________ _
· · · · · · 1 s the person who appeared before
-me--.-an-d_s_ru_'d_p_e_rs_o_n ___ a_c_kn_o_w_l_ed_._g_e_d~th~a~,-.--s~h~;,--s~lg_n_ed-,,':·t-h_;_s_i.nst.rllment. on oath stated that she is
authorized to execute the instrumerit-and ackriowledge·it as_.:ihe . -~P~R_lS_S=I~D~.E,.,N~T~--------------
·-·,.-.,,,.0f .THE° HEf\,LING ARTS CL.fNIC
_to_b_e-th_e_[_re_e_an_d_v_o_l_u_n_ta_ry __ a_c_t_o_f_su_c_h_p_arty felr the ·uses-·:and.
Dated: MARCH 9TH, 209,e" .... ~'''")• .
--~ M. PJ;-: ,,,
-.,..,-.... ,. ~ I
f.._4;,"'?"' •• ·;;,S,oN iif:·. ~ ,, ; ~ .-·;f' ~-.. ';
PITZEKl -JEAN
1 :·~~OTARY ~~ ~ ~ : 8 _ .. -(f): :,
1 ;__ Pueuc _.: J
NOtary: Public ill and-for the State of WASHINGTON
Residfog tit P:;r'ERCE COUNTY _: .···
My appohu_m¢nt e~ir~: ;:;5:.,/=2"9"/°"'0..:6c.· ____ ~----,, •. .. ,;,. ,
'• dl~·· •. .S-29~~-·· CY.:' •,,-..,.~---....... ;
,\ OFW~ «..-~
REQUEST FOR PULL RECONVEYANCE ·
Do not record. To be used only when note has been paid.":·
TO: TRUSTEE · .' · ·.
The undersigned is the legal owner and holder of the note and all other indebtedness secured .. b)l._.the .wlthirl De~d·. of T~si.
Said note. togelher witti all other Indebtedness .secured b)' said Deed of Trust, has been fully paid and saclSfiO:d; and you _:are h¢,-'eby .
requested and dlrected. on payment to you of any sums owing to you under the terms of said Deed of Trust, to cancel said no1e fibove ·.
mentioned, and all other evidences of indehtedne.~s secured by said Deed of Trust delivered lo you herewith. wgether-:W_Jth !he s.ai(.I' Deed.
:LPB-22
.: .. Page 2
.OfTru~i., and to reconvey, without warranty. to the parties di;:sigr,atcJ by the terms of said Deed of Trust. all the estate now hl'!ld by you
· thereu.Jlder.
Dared------------
·"· .
P.A.RCE;t; A:
·'I'HE ,:SOUTH 75 FEET OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE
_.:·NO~:l"HWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 23 NORTH,
RANGE:···5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON;
sxCE,PT.tffJ?:_ WEST 30 FEET THEREOF FOR EDMONDS AVENUE; AND
EXCEPT ¢KAT.PORTION CONVEYED TO THE STATE OF WASHINGTON FOR STATE ROUTE 900
µNc;,'ER 1fEcoRl:>ING NUMBER 7111300314.
PJ:\.RCE;·L B~
THAT_. POli'l'Io:N° OF THE N'oRTHW~T''"·buARTER OF THE NORTHWEST QUARTER OF SECTION 9 •
. TowNsHI:P 2.3 .~ORTH'.:r,-. RANGE_ ... ~./EAST/ WILLAMETTE MERIDIAN, IN KING COUNTY,
.. -W~SHINC;lTou·, ..... DES_c+Rrl3ED ·-"'~·:FOL~~;
'··.·.
BEGINNING AT 'I;i.J:E :t40RT.ffWs,sT COF'.N~Ff OF ~C'l"I0N 9, TOWNSHIP 23 NORTH, RANGE 5
EAST' . Wl·i.LAMET'I'.E _,t,]ER_lDIJ:\N' IN' ,.Ki'NG 9Qim.TY ;., WASHINGTON;
THENCE SOU'I'H odS9· 21-~· w'.EsT :-$63···. 24 ~£ET/ _::
THENCE SOUTH-. 8B 0 55~'37"::EA.St' 3h. FEET)I'O 1~ POINT OF BEGINNING;
THENCE SOUTH ·-8~.'::'S.S,~37:'f EAST 2f{9.64 .. -Fs-°ET.,To THE WEST LINE OF RENTON HIGHLANDS,
ACCORDING TO THE FLA'! TH_~R.Eo~:~ RJ~,:'(:()~_.OED_. "IN VOLUME 46 OF PLATS 1 PAGE 34. IN
KING COUNTY, WASHINGTON .. : .: :· :
THENCE souTH 0°47' o~;-°11._ w~sT !'~1. ·iO VEET.:/ . .-.. ,,., ..
THENCE SOUTH 60°35' 05 ';. ·WEs~· 23(/. 7~:. FE.ET; TO THE :.NORTHEi:S.ri:RLY MARGIN OF STATE
~~~~~YN~~TH
2
~1°1o•ss" wEsT.1./4s/FEE'I' .-to P·d1~ o~ CTJR~~:.:
THENCE NORTHWESTERLY ON A cURVE_·-TO :!:'ml L~F'T 1-IA:VIfeG.:A. RA01us OP 684.86 FEET A
DISTANCE OF 145.10 FEET TO THE EA.sT' MARGi-N OF 1°fG'l:H AVENT.)El··.souTHEA.ST;
THENCE NOR"I:H 0°59' 21" EAST 124. 73" ·'FEET T6 THE POINT OF a-EGINl'i:HilG;
EXCEPT THA;:r····J?ORTION CONVEYED TO THE STATE. 6F ·~!'s~lNqTON .. _FO~, _STA>rE ROtjrE /900
UNDER REC:~j'RoiN'Q NUMBER 7111300314;
TOGETHER···w.ITH AN ·:·EASEMENT FOR INGRESS
IN WIDTl:I, TJfS· EAST LINE OF SAID STRIP
~~ ''fu~E,~£~ O;,:,ER' A STRIP ot Lf\No .-2o FEET
BEING ogS.CR.tBE_D AS-·FO.LLOWS:
.' . . ',• :· •' .
BEGINN-iNG AT THE NbRTHwEST CORNER OF SECTION 9, ~owt.t?H/p. 23 NO~"r», ~NGE 5
EAST, _.i"wI LlAMETTE 1'iERI0IAN, IN KING COUNTY, WASHINGTor:.;
THENC.E soUTH _0°s9.'.:21" WEST 663.24 FEET;
THENCE SbUTH ·ss 0 5·:5' ~7·---.~ST 319. 64 FEET TO THE WEST LINE Of' . .-:Ri;:l'JTOzf HIGHLANDS,
ACC6RDI~~ To· TH~-' ~LAT THE"B.EOF' RECORDED IN VOLUME 46 OF PLA.Ts} PAGE 34 r IN
KI.NO: COUNTY,
THENC~ SOUTH
WASH:INGTON; ··,-. ·:
~-.d4j• 05)'. ·w;EsT·:: 121. 20 FEET TO THE POINT OF BEGINNI;(/ OF THE
:;::~=N~~tffi:~UI.~G ~ou4 0~-47-··;'.~5 .. ···w.-EST 435. 89 FEET, MORE OR LESS, TO THE
NORTHERLY LINE OF S'.r~TE J::1::(~J-iWA~·-.NO. ·.2;
EXCEPT THAT PORTION CONV_EY.ED T,0 ~E :STJ;\-TE OF WASHINGTON FOR STATE ROUTE 900
UNDER RECORDING ·t:,:J~BER, 7/1_.031~·0118:
•
Exhibit "A"
ou·e on Sale Clause:
Unlesas the. Commercial Property clause is initialed by .. Buyer and s~{ller, the Due on Sale clause is the
6IllY optional ··clause that applies. The following
, 1ti.ng,liage sha·:11 be ·added to the form Deed of Trust.
Tbis Propert~ Iµi;laY'not be sold or transferred
wf.thout .Ben'efi6iai,y' s corts~nt. Upon breach of this
pro\rision,. Betleficiary n1ay declare all sums secured
by this D.eed., of Trust .immediately due and payable,
unless prohibited t,y applicabli,, law.
20060203001403.::
Return Address:
pl(/Jgf'. ,c9 114Lz~&4. 4
~~~! ~:Jg ~:;e. r~ i OJ S lltlllllf Uf Ill
PFAAGELLAH2AD£H AG 52 08 IHI! OF 021 ·
02/83/2tle& 13,31
KING COUNTY, &iA
Please oriot or 1ype information WASHINGTOJ\i ST ATE RECORDER'S Cover Sheet (RCW 65.o4)
Document Title(s) ( or transactions contained therein): {all areas applicable to your document must be filled in)
1. Q l2£. c,, )., ;;3 ~ 2. (2.c, Cir, "" trL !. &., '(Z_ Ot:::l
3. 4 1<1-o' s .,,, 't --r , .. r
Reference Number(s) of Documents assigned or released:
Additional referenc:e #'son page-·---of doc-ument
Grantor(s) (Last name. fir.st rrnme, initials'! ),
l._-,t,1-1-4 !1',i,9 t1tF'f •• £,//LJr.J~_.:;;: ,?1£,;,.Jf,~ Cic ,. i,E"' -J.' -,e_
2. r ,, . ~ {!:,, /<7. ,. 4J' /4 · ./+ /rwfi';) ~ J, ' b r; ?-ZlfW .-, / QT .,.,,. .. , C. 'Y
Additional nmnes on page __ of document . ---f/.e J!? /v't/
Grantee(s) (Last name first, then first name and init1ab)
,,n,-4LT" Pl J-t.£, ·17t1t1 A' I. ,4 l?l,«1,C: _r-4/f .,-1, ~ 11i/. r--'ifa ltl. , • -----------.
Additional names on page __ of document
Legal description (abbreviated: i.e. lot. block_
H-7'~s~w
plat or section, township, range)
Additional legal is on page __ of document.
Assessor's Property Tax Parcel/Account Number D Assessor Tax# not yet assigned
~ {f-~; t!J~ "?-!Jt . --
The Auditor/Recorder will rely on the information provided on the form. The staff will not read the document
to verifv the accuracv or comoleteness of the indcxine information orovided herein . . . I am requesting an emergency nonstandard recording for an add1tlonal fee as provided in
RCW 36.18.010. I understand that the recording processing requirements may cover up or
otherwise obscure some part o the text of the original document.
Operating Agreement
of
HAC Enterprises, LLC,
a Washington Member-Managed Limited Liability Company
200602030014n!'I.·:····
On this Jci_/j_ day of, January .2006, Healing Arts Wellness & Research Center, Inc.;
formerly known as The Healing Arts Clinic by the River, Inc. by Gayle Edwards,
President, and Akbar Fallahzadeh, and Jaleh Montazeripoor, a married couple
hereinaiier referred to as "the Members", enter into this Operating Agreement.
RECITALS
A. The Members desire to form a limited liability company (the "Company") under the
laws of the state of Washington.
R. The Members enter into this Operating Agreement in order to fom1 and provide for the
governance of the Company and the conduct of its business and to specify their relative
rights and obligations.
C. The Members have agreed to enter into a partnership whereby Healing Arts Wellness
& Research Center, Inc.; by Gayle Edwards, Owner, has purchased the building and
performed significant labor in the building located at 1110 Edmonds Ave. NE, Renton,
WA 98056 in the amount of $300,000. Akbar Fallahzadeh, and Jaleh MonTazeripoor,
a married couple, have brought financing to the business in the amount of$300,000.
D. The Partners intend to split the net profits, and provided that a 20% emergency fund
up to a cap of$30,000 is maintained, of the'. tC 50% to Healing Arts Wellness &
Research Center, Inc. and 50% to Akbar, and .Jaleh .
E. The $300,000 contributed by Akbar Fallahzadeh, and Jaleh Monazeripoor will be
used as $150,000 to pay off the outstanding loan on the building and $150,000 for
property and building improvements and operating cash for the land, tenants,
maintenance, and other expenses related to property management. In return Akbar and
Jaleh ,,:ill be 50% owner of the real estate located at 1110 Edmonds Ave NE, Renton.
WA. 98056. They accept 50% of the responsibility of balance of loan with thew seller,
$898,200 ( Eight hundred and ninety eight thousand two hundred dollars).
F. The parties want the right of first refusal for buying out the other partner(s).
G. In the event something happens to any of the parties, it is the intent that laws of
distribution and descent apply, but that any r,.irty that inherits or takes by a will, will not
have voting rights in the business.
H. Owning & management of property iass the only business that is covered by this
agreement. Business that falls under HAWRC is Gayle's responsibility & sole control.
NOW THEREFORE. the Members hereby agree as follows:
ARTICLE I -DEFINITIONS
20060203001403. i,i,
The following terms used in this Agreement have the meanings specified in this Article
or elsewhere in this Agreement.
1.1. '·Act'' means the statutes enacted in the state of Washington applicable and
pertaining to the formation and operation of limited liability companies, including
amendments thereto from time to time.
1.2. ··Agreement'' means 1his operating agreen1ent, as originally executed and as
amended from time to time.
1.3. "Articles of Organization" mca1., the document required to be filed with the
applicable office of the state of Washington required to establish a limited liability
company in Washington.
l .4. "Assignee" means a person who has acquired a Member's Economic Interest
in the Company, by way of a Transfer in accordance with the terms of this Agreement,
but who has not be come a Member.
1.5. "Assigning Member" means a tvkmber who by means of a Transfer has
transferred an Economic Interest in the Company to an Assignee.
1.6. "Capital Account'' means. as to any Member, a separate account maintained
and adjusted in accordance with Article Ill Section 3.2.
1.7. '·Capital Contribution•' means,,, :'h respect to any :'vlembcr, the amount of the
money. the forgiveness of any debt. and the Fair Market Value of any services or
prope1iy (other than money) contributed w the Company (net ofliabilities secured by
such contributed property that the Company is considered to assume or take "subject to"
under !RC section 752) in consideration of a Percentage Interest held by such Member. A
Capital Contribution shall not be deemed a loan.
1.8. "Capital Event'' means a sale or disposition of any of the Company's capital
assets, the receipt of insurance and other prnceeds derived from the involuntary
conversion of Company property, the receipt of proceeds from a refinancing of Company
properly, or a similar event with respect to Company property or assets.
1.9. "Code·· or "!RC" means the Internal Revenue Code of 1986, as amended. and
~my succcs.s_or prov1s1on.
1.10. '·Company" means the company named in Article II, Section 2.2.
1. I 1. ··Economic Interest" means a Person's right to share in the income, gains,
losses, deductions, credit or similar items of. and to receive distributions from. the
Company, but does not include any other rights of a Member. including the right to vote
or to participate in management.
1.12. "Gncumber'" means the act of creating or purporting to create an
Encumbrance, whether or not perfected under applicable law.
1.13. "Encumbrance" means, "itli respect to any Membership Interest, or any
element thereof. a mortgage, pledge, sccuritv interest, lien, proxy coupled with an interest
(other than as contemplated in this 0\greemc .. t), option, or preferential right to purchase.
20060203001403.::
1.14. "Fair Market Value" means, with respect to any item of property of the
Cnmpany, the item's adjusted basis for federal income tax purposes, except as follows:
(a) The Fair Market Value of any property contributed by a Memher to the
Company shall be the value of such property, as mutually agreed by the
contributing Member and the Company;
(h) The Fair Market Value 01.11y item of Company property distributed to
any Member shall be the value of such item of property on the date of distribution,
as mutually agreed by the distributee Member and the Company; and
(c) Fair Market Value for purposes of Article VIII, Section 8.7 and Article
IX. Section 9.3, shall be as determined under that section.
1.15. "Initial Member" or "Initial Members" means those Persons whose names
arc set forth in the first sentence of this Agreement. A reference to an "Initial Member"
means any of the Initial Members.
1.16. "T nvolunlary Transfer" means, with respect to any Membership Interest or.
any element thereof, any Transfer or Encumbrance, whether by operation of law,
pursuant to court order, foreclosure of a sec·,city interest, execution of a judgment or
other legal process, or otherwise, including a purported transfer to or from a trustee in
bankruptcy, receiver, or assignee for the benefit of creditors.
1.17. "Losses". See "Profits and Losses".
1.18. "Majority of Members" means a unanimous vote from the managing
Members.
1.19. "Meeting" is defined in Article V, Section 5.4.
1.20. ''Member" means an Initial Member or a Person who otherwise acquires a
Membership Interest, as permitted under this Agreement, and who remains a Member.
1.21. "Notice" means a written notice required or permitted under this Agreement.
A notice shall be deemed given or sent whet, deposited, by certified mail or for overnight
delivery, postage and fees prepaid in the United States mail; when delivered to Federal
Express. United Parcel Service, DHL WorldWide Express, or Airborne Express, for
overnight delivery, charges prepaid or charged to the sender's account; when personally
delivered to the recipient; when transmitted by electronic means, and such transmission is
electronically confirmed as having been successfully transmitted; or when delivered to
the home or office of a recipient in the care of a person whom the sender has reason to
believe will promptly communicate the notice to the recipient.
1.22. "Percentage Interest" of each Member in the Company is the same
percentage as each such Member's allocation of Profits and Losses is to all Profits and
Losses, as set forth in Section 4.1 below.
1.23. "Person" means an individual, ~artnership, limited partnership, trust, estate,
association, corporation, limited liability company, or other entity, whether domestic or
foreign.
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1.24. ··Profits and Losses·· means. for each Fiscal year or other period specified in
this Agreement, an amount equal tu the Company" s taxable income or loss for such year
or period. determined in accordance with !RC section 703 (a).
1.25. ·'Regulations" ("Reg"") means the income tax regulations promulgated by the
United States Department of the Treasury and published in the Federal Register for the
purpose of interpreting and applying the provisions of the Code, as such Regulations may
be amended from time to time, including co1 · esponding provisions of applicable
successor regulations.
1.26. '·Substituted Member·· is defined in Article VIII. Section 8.8.
1.27. '"Successor in Interest" means an Assignee, a successor of a Person by
merger or otherwise by operation of law. or a transferee of all or substantially all of the
business or assets of a Person.
I .n. "Transfer" means. with respect to a Membership Interest or any element of a
Membership lntetest. any sale, assig1m1ent. gift. Involuntary Transfer, or other
dispositi,m of a Membership Interest or ctn} clement of such a \1embership Interest,
directly or indirectly. other than an Encumbrance that is expressly permitted under this
Agreement.
1.29. "Triggering Event" is defined in Article VIII. Section 8.3.
1.30. "Vote·· means a written consent or approval. a ballot cast at a Meeting. or a
voice vote.
1.3 I. "Voting Interest'" means. \\ith respect to a Member. the right to Vote or
participate in management and any right to information concerning the business and
affairs of the Company provided under the Act, except as limited by the provisions of this
Agreement. A Member's Voting Interest shall be directly proportional to that Member's
Percentage Interest
ARTICLE II -ARTICLES OF ORGANIZATION
2.1. The Members have caused. or v. .'.I cause, Articles of Organization under the
name of I-TAC Enterprises, LLC, to be filed in accordance with the Act. and following
such filing attach a copy of such Articles of Organization to this Agreement as Exhibit .. /\ ,~
2.2. The name of the Company shall be HAC Enterprises, LLC.
2.3. The principal executive office of the Company shall be at 1110 Edmonds Ave.
:([. Renton, WA 98056, or such other place or places as may be determined by the
Members from time to time.
2.4. The LJ.C is engaged in the business of leasing and maintaining office spaces
at the building located at l l 10 Edmonds. Ave. "IE, Renton. WA 98056 and other spaces
as the business may acquire after the date 01 <.lfmation. It is understood that the
foregoing statement ofpo\vers shall not sen·c as a lin1itation on the powers or abilities of
this LLC. which shall be permitted to engage in any and all lawful business activities.
The Company shall engage in no other business or venture. except upon the unanimous
WTitten agreement of all ]'v1t:mbers.
2006020300140~.·:··:··
2.5. The duration of this LLC shall be perpetual. This LLC shall terminate when a
proposal to dissolve the LLC is adopted by the membership of this LLC or when this
LLC is otherwise terminated in accordance with law.
2.6. The Company shall be managed by the following Member or Members:
Healing Arts Wellness & Research Center, Inc. by Gayle Edwards, President, and
Akbar Fallahzadch
2.7. The registered office address of this LLC is: l I 10 Edmonds Ave. NE,
Renton, WA 98056
The registered agent of this LLC is: Gayle Edwards
The registered agent and/or office of this LLC may be changed from time to time as the
mcmhers may sec fit, by filing a change of registered agent or office statement with the
state f .r .C filing office. It will not be necessary to amend this provision of the Operating
Agreement if and when such changes are made.
ARTICLE Ill -FINANCIAL MATTERS
3. I. Members shall make the followi,ig contributions of cash, property or services
lo the LLC, on or by specified dates, as shown next to each member's name below. The
fair market values of items of property or services as agreed between the LLC and the
contributing member are also shown below.
Name of Member: Healing Arts Wellness & Research Center, Inc.
Description of Payment: Member has provided $300,000 in labor and cash in
financing the company to date.
Value of Capital Payment: $300,000
Name of Member: Akbar FallahzaC' h, and Jaleh Montazcripoor, a married
couple
Description of Payment: Cash from a loan obtained by the parties on January 26.
2006.
Value of Capital Payment: $300,000
3 .2. An individual Capital Account shall be maintained for each Member
consisting of that Member's Capital Contribution, (]) increased by that Member's share of
Pro lits. (3) decreased by that Member's share of Losses, and (3) adjusted as required in
accordance with applicable provisions of the Code and Regulations.
3.3. A Member shall not be entitled to withdraw any part of the Member's Capital
Contribution or to receive any distributions, whether of money or property from the
Company, except as provided in this Agreement.
3.4. No interest shall be paid on funds or property contributed to the capital of the
Company or on the balance of a Member.
20060203001 An'.'1. ·:··.·
3.5. A Member shall not be bound by. nor be personally liable for, the expenses.
liabilities. or obligations of the Company. except as otherwise provided in the Act. in this
Agreement~ or in a separate written agreement executed by such Member.
3.6. No Member shall have priority over any other Member with respect to the
return of a Capital Contribution, or distributions or allocations of income, gain. losses,
deductions. cr~dits, or items thereof.
3.7. The parties shall be liable for costs of maintenance, repair, improvement and
ownership of the Property in the same proportion as their ownership interests.
ARTICLE IV: ALLOCATIONS AND DISTRIBUTIONS
4.1. The Profits and Losses of the Company and all items of Company income.
gain. loss. deduction, or credit shall be allocated, for Company book purposes and for tax
purposes, to each \1em ber as follows
(a) First, to return to the Members, in the same ratio as Capital
Contrihutions made. any Capital Contributions and additional Capital
Contributions made ro the Company.
(b) Second, to the Members as tc,llows:
ME1VIBER
Akbar Fallahzadeh, and
,laleh Montazeripoor
Healing Arts Wellness &
Research Center, Jnc,
SHARE OF PROFITS/LOSS ,
50 percent of the total
50 percent of the total
4.2. If any Member unexpectedly recei"es any adjustment, allocation, or
distribution described in Reg. sections L 704-1 (bJ(2)(ii)( d)(4 ), I. 704-1 (b )(2)(ii)( d)(S) or
1.704-1 (b)(2}(ii}(d)(6) as same may be amended from time to time or under any
successor statutes thereof, items of Company gross income and gain shall be specially
allocated to that Member in an amount and manner sufficient to eliminate any deficit
balance in the Member's Capital Account created by such adjustment, allocation. or
distribution as quickly as possible. J\ny special allocation under this Section 4.2 shall be
taken into account in computing subsequent allocations of Profits and Losses so that the
net amount of allocations of income and loss and all other items shall. to the extent
possible, be equal to the net amount that would have been allocated if the unexpected
adjustment. allocation, or distribution had"., occurred. The provisions of this Section 4.2
rn1d the other provisions ot'this Agrcc1111:nt ri:lating to the maintenance of Capital
Accounts are intended, to comply with Rag sections 1.704-l(b) and 1.704-2, as same may
be amended from time to time, or under any successor regulations thereof. and shall be
interpreted and applied in a manner consistent with such Regulations.
2006020300140!3.: :
4.3. Any unrealized appreciation or unrealized depreciation in the values of
Company property distributed in kind to all the Members shall be deemed to be Profits or
Losses realized by the Company immediately prior to the distribution of the property. and
such Profits or Losses shall be allocated to the Members' Capital Accounts in the same
proportions as Profits are allocated under Section 4.1. Any property so distributed shall be
treated as a distribution to the Members to the extent of the Fair Market Value of the
property less the amount of any liability sec, ·ed by and related to the property. Nothing
contained in this Agreement is intended to treat or cause such distributions to be treated
as sales for value. For the purposes of this Section 4.3, "unrealized appreciation" or
'·unrealized depreciation" shall mean the difference between the Fair Market Value of
such property and the Company's basis for such property.
4.4. ln the case of a Transfer of an Economic Interest during any fiscal year, the
Assigning Member and Assignee shall each be allocated a share of Profits or Losses
based on the number of days each held the Economic Interest during that fiscal year.
4.5. Cash resulting from the normal business operations of the Company and from
a Capital Event shall be distributed among the Members as determined by a Majority of
Members, in proportion to each Member's P_crcentage Interest, subject to Section 4.l(a).
4.6 If the proceeds from a sale or other disposition of an item of the Company
consists of property other than cash, the value of such property shall be as determined by
the Members. Such non-cash proceeds shall then be allocated among all the Members in
proportion to their Percentage Interests. If such non-cash proceeds are subsequently
reduced to cash, such cash shall be distributed to each Member in accordance with
Section 4.5.
4.7. "-Jotwithstanding any other provisions of this Agreement to the contrary,
when there is a distribution in liquidation of the Company, or when any Member's
interest is liquidated, all items of income and loss first shall be allocated to the Members'
Capital accounts under this Article IV, and other credits and deductions to the Members'
Capital Accounts, shall be made before the ';,ctaI distribution is made. The final
distribution to the Members shall be made to the Members to the extent of and in
proportion to their positive Capital Account balances.
ARTICLE V: MANAGEMENT
5.1 The business of the Company shall be managed by the Manager or Managers
named in Article II Section 2.6, or a successor Manager selected by a Majority of
Members. Managers to receive 50/50 of net profits after a 20% emergency fund up to a
cap of" $30,000 has been set aside for operating cash. Except as otherwise set forth in this
Agreement, all decisions concerning the operation and management of the Company's
business shall be made by a Majority of Members. which decisions and the day to day
operations of the Company shall be execute<.. by the Manager. Notwithstanding and
without limiting the foregoing the Manager shall not take any of the following actions on
behalf of the Company unless a Majority of Members (or all of the Members if provided
so otherwise in this Agreement) have consented to the taking of such action.
20060203001403 . .:.:.
(a) Any act that would make it impossible to carry on the ordinary business of the
Company:
(b) Any confession of a judgment against the Company;
(c) The dissolution of the C0mpany:
(d) The disposition of any Company «sscts not in the ordinary course of business:
( e) The incurring of any debt not in the ordinary course of business;
(f) A change in the nature of the principal business of the Company;
(g) The payment or distribution of anv assets or salaries, or the reimbursement of
any costs or expenses, to any :\11ember;
(h) The filing of a petition in bankruptcy or the entering into of an arrangement
among creditors; and
(i) The entering into, on behal r or the Company, of any transaction constituting a
"reorganization·' within the m.:aning of the Code.
A declaration by the Manager statine:. that a .'1ajority of Members approved any specific
action concerning the management 01· the Company's business as set forth in this Section
5. l. shall be conclusive to any third partv that a :v!ajority of Members have approved
such stated specific action and that the \\anager is authorized to perform such action on
behalf of the Company. A Majority of Members may authorize the Manager to take any
action s~t forth above: by a ,vritten consent .executed with or without a meeting.
5.2. The Manager shall serve until the earlier of ( 1) the Manager's resignation.
retirement. death, or disability.
5 .. '\. The Members are not required to hold meetings. and decisions may he
rcach..:J through one or more inforr113J consultations followed by agreement an1ong a
Majority of Members, provided that all suer \1embers are consulted, or by a written
consent signed by a Majority of Members. ln the event that Members wish to hold a
formal meeting (a "Meeting") for any reason. the following procedures shall apply:
(a) Unanimous consent is required for a quorum (both managing partners) for the
transaction of business at anv tv!ceting of the Members.
lb) Memhcrs may participate in the \,kcting through the use ofa conference
telephone or similar communications equipment provided that participants in the
l\1eeting can hear one another
tc) The Membcrs shall keep ,ir cause tr> be kept with the books and records of the
Company full and accurate minutes of all Meetings, Notices, and waivers of
Notices of Meetings, and al I written consents in lieu of Meetings.
5.4. It is acknowledged that the 'vlemners have other business interests to which
they devote part of. a majority of or all of their time. and such Members shall not be
required to devote their full time anJ effort to the Company.
5.5. All assets of the Companv. whether real or personal. shall be in the name of
the Company.
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5 .6 All funds of the Company shall be deposited in one or more accounts with one
or more recognized financial institutions in the name of the Company, at such locations
as shall be determined by a Majority of Members. Withdrawal from such accounts shall
require the signature of such person or persons as a cvlajority of Members may designate.
5.7. The Members shall not be liable •. responsible or accountable in damages or
otherwise to the Company for an act or omission by an such Person (which shall include
any applicable entity) performed in good faith pursuant to the authority granted to such
Person by this Agreement or in accordance with its provisions, and in a manner
reasonably believed by such Person to be within the scope of the authority granted to
such Person and in tbe best interest of the Company; provided, however, that such Person
shall retain liability for acts or omissions that involve intentional misconduct, a knowing
violation of the law, a violation ofRCW 25.15.235 (in the case of Members only) or for
any transaction from which the Person will personally receive a benefit in money.
property. or services to which the person is not legally entitled.
5.8. To the fullest extent permitted by applicable law, a Member and each director,
officer, partner, employee or agent thereof ("Covered Person") shall be entitled to
indemnification lrom the Company for any i~ss, damage, or claim incurred by such
Covered Person by reason or any act or omission performed or omitted by such Covered
Person in good faith on behalf of the Company and in a manner reasonably believed to be
within the scope of authority conferred on such Covered Person by this Agreement,
except that no Covered Person shall be entitled to he indemnified in respect of any loss,
damage or claim incurred by such Covered Person by reason of gross negligence, bad
faiLh. or willful misconduct with respect to such act or omissions; provided. however, that
any indemnity under this Section shall be provided out of and to the extent of Company
assets only, and no other Covered Person shall have any personal liability on account
thereof
ARTICLE VI: ACCOUNTS AND RECORDS ..
6.1. Complete books of account of the Company business, in which each
Company Lransaction shall be fully and accurately entered, shall be kept at the
Company·s principal executive otlice and shall be open lo inspection and copying by
each Member or the Member's authorized representatives on reasonable Notice during
normal business hours. The costs of such inspection and copying shall be borne by the
Member requesting same.
6.2. Financial books and records of the Company shall be kept on the cash method
,,f accounting. which shall be the method of accounting followed by the Company for
federal income tax purposes. A balance sheet and income statement of the Company shall
be prepared promptly following the close of each fiscal year in a manner appropriate to
and adequate for the Company's business anrl for carrying out the provisions of this
Agreement. The fiscal year of the Company 'shall be January I through December 31.
6.3. At all times during the term of existence of the Company and beyond that
tcnn ifa Majority of Members deem it necessary; the Manager(s) shall keep or cause to
he kept the books of account referred to in Section 6.2. and the following:
2ooso203001403.;;;
(a) A current list of the full name and last known business or residence address of
each Member, together with the Capital Contribution and the share in Profits and
Losses of each Member;
(b) A copy of the Articles ofOrgani1.aiion. as amended;
(c) Copies of the Company·s federa! ,,late, and local income tax or information
returns and reports, if any, for the six most recent taxable years;
( d) Executed counterparts of this Agreement, as amended;
(e) Any powers of attorney under which the Articles of Organization or any
amendments thereto were executed;
(!) Financial statements of the Company for the six most recent fiscal years; and
(g) The flooks and Records of the Company as they relate to the Company" s
internal affairs for the current and past four fiscal years.
If a Majority of Members deem that any of the foregoing items shall be kept beyond the
term of existence of the Company, the repository of said items shall be as designated hy a
Majority nf Members. ··
6.4. Within 60 days after the end nl each taxable year, the Company shell send to
each Member all information necessary for the Members to complete their federal and
stale income tax or information returns. and a copy of the Company's federal. state, and
local income tax or information returns for such year.
ARTICLE Vil: '.\1EMBERS Al'\D VOTING
7. l. There shall be only one class of membership and no Member shall have any
rights or preferences in addition to or different from those possessed by any other
\1cmbcr. Each Member shall Vote in proportion to the Member's Percentage Interest as
of'the governing record date, determined in accordance with Section 7.2: Healing Arts
Wellness & Research Center, Inc.; by Cia: 'c Edwards, President 50% and Akbar
Fallahzadeh 50%. Any action that may or that must be taken by the 'v!embers shall be
hy a Majority of Members. except that the following actions shall require the unanimous
Vote of the Members:
(a) a decision to continue the business of the Company after a death of a Memher.
the withdrawal ofa Member. or any event set forth in Section 8.3(a), (b) or (cl.
(b) the admission of the Assignee as a Substituted !'vlember:
(c) any amendment of the Articles of Organization or this Agreement: or
(d) a compromise of the obligation ofa Member to make a Capital Contribution.
7.2. The record date for determinin~ •he Members entitled to Notice of any
Meeting. to vote, to receive any distribution.· or to exercise any right in respect of any
other lawful action, shall be the date sel hv a Majority of Members, provided that such
record date shall not be more than 60, nor less than IO days prior to the date of the
Meeting. nor more than 60 days prior to any other action.
20060203001403.(j-i
.In the absence of any action setting a record date the record date shall be determined in
accordance with the applicable laws of Washington.
7.3. At all Meetings of Members, a Member may Vote in person or by Proxy.
Such proxy shall he filed with any Member before or at the time of the Meeting and
maybe be tiled by facsimile transmission to the principal executive office of the
Company or such other address as may be g(1en by a Majority of Members to the
Members for such purposes.
ARTICLE VIII: TRANSFERS OF MEMBERSHIP INTERESTS
8.1. ;\ Member may withdraw from the Company at any time by giving Notice of such
Member's intent to withdraw to all other Members, at least 180 calendar days before the
effective date of withdrawal. Withdrawal shall not release a Member from any
obligations and liabilities WJder this Agreement which were accrued or incurred before
ihe effective date of withdrawal. A withdrawing Member shall divest the Member's entire
Membership Interest before the effective date of withdrawal in accordance with the
transfer restrictions and option rights set forth below.
8.2. Except as expressly provided in this Ag -·,emcnt a tV!ember shall not transfer any part.
of the Member's Membership Interest in the Company, whether now owned or hereafter
acquired, unless ( l) the Company and/or other Members have exercised, or have declined
to exercise, their right, to purchase the withdrawing Member's Membership Interest
pursuant to Section 8.5 below and (2) the Membership Interest to be transferred when
added to the total of all other Membership Interes!s transferred in the preceding 12
months. witl not cause the termination of the Company under the Code. No Member may
encumber or permit or suffer any encumbrance of all or any part of the Member's
Membership lnterest in the Company unless such encumbrance has been approved in
writing by all the other Members. Any transfer or encumbrance of a Membership Interest
in violation of this Section shall be void. Notwithstanding any other provision of this
Agreement to the contrary, a Member may t~ansfer all or any portion of his or her
Membership Interest to a revocable trust cre ... ted for the benefit of the Member; or any
cornbination between or among the Member. the Member's spouse, and the Member's
issue; provided that the Member retains a beneficial interest in the trust and all of the
Voting lnterest included in such Membership Interest. A transfer ofa Member's
beneficial interest from such trust to another entity or failure to retain such Voting
Interest shall be deemed a Transfer of a Membership Interest, unless such later transfer is
to the grantor of such trust, or to another trust which would qualify as a revocable trust in
a first-time transfer.
8.3. On the happening of any of the following events ("Triggering Events") with
respect to a Member, and assuming the remaining Members vote to continue the
Company per Article X below, the Company and the other Members shall have the
option to purchase all or any portion of the ,·:embership Interest in the Company of such
Member ("Selling Member") at the price and on the terms provided in Section 8.7 of this
Agreement:
(a) the bankruptcy of a Member;
2ooso203001403_,:,-,
(b) the winding up ,md dissolution nf a corporate Member, or merger or other
corporate reorganization of a corporate Member as a result of which the corporate
fvfetnber does not survive as an entity
(cJ the withdrawal of a Member: or
( d) except for the events stated in Sc ,,ion 8.4. the occurrence of any other event
that is. or that would cause, a transfer of such \1emher's interest to an Assignee.
Each tvlember agrees to promptly give Notice of a Triggering Event to all other Members.
8.4. Notwithstanding any other provisions of this Agreement if; in connection
with the divorce or dissolution of the marriage of a Member; any court issues a decree or
order that transfers. confirms. or awards a Membership Interest, or any portion thereof to
that Member·s spouse (an "Award")_ then. notwithstanding that such transfer would
constitule an unpcrmitted Transfer under this Agreement, that Member shall have t)le
right to purchase from his or her former spouse the Membership Interest, or portion
thereof, that was so transferred and such former spouse shall sell the Membership Interest
or portion thereof to that Member at the price set forth in Section 8. 7 of this Agreement.
Jfthe Member has failed to consummate thcs,urchase within 180 days after the Award
(the "Expiration Date"), the Company and the other Members shall have the option to
purchase from the former spouse the Member.ship Interest or portion thereof pursuant to
S,ction 8.5 of this Agreement; provided that Lhe option period shall commence on the
later of (t) the day following the Expiration Date, or (2) the date of actual notice of the
Award.
8.5. On the receipt of"\Jotice bv the other Members as contemplated by Section
8. I through 8.4, and on receipt of actual notice of any Triggering Event, the Company
shall have the option, for a period ending 'JO calendar days following the determination of
the purchase price as provided in S,ction 8. 7. to purchase the Membership Interest in the
Company to which the option relates, al the price and on the terms provided in Section
8. 7, and the other Memhers. pro rata in ace, :jance with their prior Membership Interests
in the Company. shall then have the option. for a period of JO days thereafter, to purchase
the 'v!embership Interest in the Company not purchased by the Company, on the same
terms and conditions as apply to the Compan\'. If all other Members do not elect to
purchase the entire remaining Membership interest in the Company, then the Members
electing to purchase shall have the nglJL pro rata in accordance with their prior
Membership Interest in the Company, to purchase the additional Membership Interest in
the Company available for purchase. Any l'vlcmbcrship Interest in the Company not
purchaseJ may be transferred to an Assignee. hut such Assignee shall not become a
Substituted Member without the approval of all Members according to Section 7. 1 above.
The transferee of the Membership l11tcrest in the Company that is not purchased shall
hold such Membership Interest in the Company subject to all ol'the provisions of this
Agreement. '
8.6. ~o Member shall participate in any Vote or decision in any matter pertaining
to the disposition of that Member !11ernbcrship Interest in the Company under this
Agreement.
20060203001403.::~
8.7. The purchase price of the Membership Interest that is the subject of an option
per Section 8.5 above shall be the Fair Market Value of such Membership Interest as
determined under this Section 8.7. Each of the selling and purchasing parties shall use his.
her. or its best efforts to mutually agree on the Fair Market Value. If the parties are
unable to so agree within 30 days of the date on which the option is first exercisable (the
Option Date), the selling party shall appoin. · within 20 days of the Option Date, one
appraiser, and the purchasing party shall appoint within 20 days of the Option Date, one
appraiser. The two appraisers shall within a period of five additional days, agree on and
appoint an additional appraiser. The three appraisers shall, within 30 days after the
appointment of the third appraiser; determine the Fair Market Value of the Membership
Interest in writing and submit their report to all the parties. The Fair Market Value shall
be determined by disregarding the appraiser's valuation that diverges the greatest from
each of the other two appraisers' valuations, and the arithmetic mean of the remaining
two appraisers' valuations shall be the Fair Market Value. The selling and purchasing
party shall pay for the services of the appraiser selected by it, plus one-half of the fee
charged by the third appraiser. The option purchase price as so determined shall be
payable in cash no later than three (3) months following the determination of the
appraisers' determination of the purchase p1'.~e.
8.8. Except as expressly permitted under Section 8.2., a prospective transferee
(other than an existing Member) of a Membership Interest may be admitted as a Member
with respect to such Membership Interest (a "Substituted Member") only on the
unanimous Vote of the other Members in favor of the prospective transferee's admission
,is a Member, and (2) on such prospective transferee's executing a counterpart of this
Agreement as a party hereto. Any prospective transferee of a Membership Interest shall
be deemed an Assignee, and, therefore, the owner of only an Economic Interest until such
prospective transferee has been admitted as a Substituted Member.
8. 9. Any person admitted to the Company as a Substituted Member shall be
subject to all provisions of this Agreement.
8. IO. The initial sale of Membership Interests in the Company to the initial
Members has not been qualified or registered under the securities laws of any state, or
registered under the Securities Act of 1933, as amended, in reliance upon exemptions
from the registration provisions of those laws. No attempt has been made to qualify the
offering and sale of Membership Interests to Members under the securities or corporate
laws of Washington. Notwithstanding any other provision of this Agreement.
Membership Interests may not be Transferred or Encumbered unless registered or
qualified under applicable state and federal securities law or unless, in the opinion of
legal counsel satisfactory to the Company such qualification or registration is not
required. The Member who decides to transfer a Membership Interest shall be responsible
for all legal fees incurred in connection with said opinion.
ARTICLE IX: TRAl\'SFER lJ.PON DEATH OF A MEMBER
9.1. Lpon the death of any Member, in the event the remaining Members vote to
continue the operation of the Company per the provisions of Article X below, the
deceased Member's share shall be transferred subject to the provisions set forth below.
Upon the death of any \1ember, the Company shall purchase. and the deceased Member's
./' ~
estate or other successor in interest shall sell said Member's Percentage interest to the
Company.
20060203001403.;;0 •
9.2. The value ofa Members interest in the Company for purposes of this
Agreement shall equal to his or her respective rights to profits (as set forth in Section 4.1
of this Agreement in relation to the total ,·al:,e of the Company.
<J.3. The value of the Company shall be determined by appraisal as follows:
Within 30 days after the appointment of the personal representative of the deceased
Member's estate, or notification of a Trustee oi' the deceased Member's Inter Vivos Trust,
hut in no event later than three months following the deceased Member's death, the
remaining Members and the personal representative or Trustee, shall each appoint one
appraiser. The two appraisers shall within a period of iive additional days, agree on and
appoint an additional appraiser. The three appraisers shall, within 30 days after the
appointment of the third appraiser, determine the Fair Market Value of the Company in
writing and submit their report to all the parties. The Fair Market Value shall be
determined by disregarding the appraiser's valuation that diverges the greatest from each
of the other two appraisers' valuations. and :'1e arithmetic mean of the remaining two
appraisers' valuations shall be the Fair Market Value. The sdling and purchasing party
shall pay for the services of the appraiser selected hy it, plus one-half of the fee charged
by the third appraiser.
9.4 The Company shall pay for that interest by paying 25 percent cash within 4
months after the appointment of the personal representative of the deceased 'v!em ber s
estate or notification from a Trustee that the Member's interest is subject to such trust
wi1h the balance due on a promissory note. Such promissory note shall be dated as of the
date the first 25 percent of the Purchase Price is due, shall mature in 2 years, shalJ be
payable in equal amortized monthly installmems, and shall bear interest al a rate of 10
percent per annum (unless such rate exceeds the highest legal rate. in which the interest
shall be the highest legal rate).
ARTICLE X: DISSOLVTIO"I AND WINDING UP
I 0.1. The Company shall be dissolved on the first to occur of the following evcnLs:
(a) The death. incapacity, or "i thdnnqJ of a Member; or the bankruptcy or
corporate dissolution of a Member: provided, however, that the remaining
Members may, by the Vote of all remaining Members within 90 days of the
happening of that event, Vote lo continue the Company, in which case the
Company shall not dissolve. Jfthe remaining Members fail to so Vote. the
remaining Members shall wind up the Company.
(bi The expira1ion oflhe term of existence of the company.
(Cl The written agreement of all 'vlc. hers to dissolve the Company.
(di The sale or other disposition or substantially all of the Company assets.
(e) The entry of a decree of judicial dissolution by any Washington Court.
10.2. On the dissolution of the (:C,mpany, the Company shall engage in no further
bu5iness other than th<tt necessary to\\ ind up tilt" business and affnirs of the Company.
20060203001403.;;·' ·
The Members who have not caused a Triggering Event shell wind up the affairs of the
Company. The Persons winding up the affairs of the Company shall give written Notice
of the commencement of winding up by mail to all known creditors and claimants against
the Company whose addresses appear in the records of the Company. After paying or
adequately providing for the payment of all known debts of the Company (except loans
owing to Members) the remaining assets of the Company shall be distributed or applied
in the following order of priority:
(a) To pay the expenses of liquidation,
(b) To repay outstanding loans to Members. If there are insufficient funds to pay
such Joans in full, each Member shal: be repaid in the ration that the Member's
respective loan, together with interest accrued and unpaid thereon, bears to the
total of all such loans from Members, including all interest accrued and unpaid on
those loans. Such repayment shall first be credited to accrued and unpaid interest
due and the remainder shall be credited to principal.
(c) Among the Members in accordance with the provisions of Article IV, Section
4.7.
10.3. Each Member shall look solely to the assets of the Company for the return
of the Member's investment, and if the Company property remaining after the payment or
discharge of all prior debts and obligations is consumed in full, then such Member shall
have no recourse against any other Member~ for indemnification, contribution. or
reimbursement.
ARTICLE XI: GENERAL PROVISIONS
11.1. This Agreement constitutes the whole and entire agreement of the Members
with respect to the subject matter of this Agreement, and it shall not be modified or
amended in any respect except by a ,Hitten instrument executed by all the Members. This
Agreement replaces and supersedes all prior written and oral agreements by and among
the Members or any of them.
11.2. This Agreement may he executed in one or more counter parts, each of
which shall be deemed an original. bm all of which together shall constitute one and the
same instrument. Each Member shall execute all certificates and other documents and
shall do all such filing, recording, publishin.;, and other acts as the Members deem
appropriate to comply with the requirements of law for the formation and operation of the
Company and to comply with any laws, rules, and regulations relating to the acquisition,
operation, or holding of the property of the Company.
t 1.3. This Agreement shall be construed and enforced in accordance with the
internal laws of the State of Washington. If any provision of this Agreement is
determined by any court of competent jurisdiction or arbitrator to be invalid, illegal. or
unenforceable to any extent, that provision shall, if possible, be construed as though more
narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or
unenforceability or, if that is not possible, such provision shall, to the extent of such
invalidity, illegality or unenforceability, be severed, and the remaining provisions of this
Agreement shall remain in effect. The inten· of the parties hereto is that the Company is
20060203001403.01
recognized as a limited liability company under the Code, and all provisions herein are to
be interpreted under Washington law to conform to such intent.
11 .4. This Agreement shall be hindin!l on and inure to the benefit of the Members
and their heirs, personal representatives. and permitted successors and assigns.
11.5. Whenever used in this Agreement, the singular shall include the plural, the
plural shall include the singular, and the neuter gender shall include the male and female
as well as a trust. firm, company: or corporation. all as the context and meaning of this
Agreement may require.
11.6. The parties to this Agreement. ·,,all promptly execute and deliver any and all
additional documents, instruments. notices. and other assurances: and shall do any and all
other acts and things. reasonably necessary in connection with the performance of their
respective obligations under this Agreement and to carry out the intent of the ;\1embers,
especially as contained in the recital above.
11.7. Except as provided in this Agreement. no provision of this Agreement shall
be construed to limit in any manner the Members in the carrying on of their own
respective businesses or activities.
11.8. Except as provided in this Agreement, no provision of this Agreement shall
be construed to constitute a Member in the 'v!ember·s capacity as such, the agent of any
other Member.
11.9. Each Member represents and warrants to the other Members lhat the
·Member has lhe capacity and authority to enter into this Agreement.
11.10. The article, section. and paragraph titles and headings contained in this
Agreement arc inserted as matter of convenience and for ease of reference only and shall
be disregarded for all other purposes. including the construction or enforcement of this
Agreement or any of its provisions.
11.1 I. Time is of the essence of every provision of this Agreement that specifies a
time for performance.
11.12. This Agreement is made solely for the benefit of the parties to this
Agreement and the respective permitted successors and assigns, and no other person or
entity shall have or acquire any right by virLc of this Agreement.
11.13. Each Member who is married agrees to obtain a spousal consent to the
terms and conditions of this Agreement, in the form as set forth in Exhibit '·B" hereto.
11.14. The Members intend the Company to be a limited liability company under
the Act. No member shall take any action inconsistent with the express intent of the
parties to this Agreement.
In wilnes . ..:; whereof, the members or this LLC sign and adopt this agreement as the
Operating Agreement of this LLC.
Date: _ __,l-1/'--'j>-'f"-1 _1 ,s-/J'--'f~,---~
20060203001403.~:
Signature·
Gayle Edward wner, Healing Arts Wellness & Research Center, Inc., formerly
Known as The Healing A11s Clinic by the River, Inc .• Member
Dace: II> c/iJ b V
Signature: ~?~ ft•f
Akbar Fallahzadc :Member f ~
Agreement
This is an agreement between Ga.vle Edwards and Akbar Fallahzadeh
that Akbar will become 50% owner in the real estate located 1110 Edmonds
Ave NE, Renton, WA 98056. Akbar will bring $300,000.00 (three hundred
thousand dollars) into the agreement. $150,000.00 (one hundred and fifty
thousand dollars) used to pay off Evergreen Note Services. The loan will be
paid off by February 10, 2006. The remaining $150,000, (one hundred and
fifty thousand) to be used for building renovations & Operating capitol, will
be provided by March 10, 2006.
A Legal and binding agreement will be forthcoming from Jody Long.
Signatur~.,,f',o Date 1/;;i1/0v
Signature ~/..._ D,te Iµ} "ya6
,14,<~; pJ/q ;;~h
20060203001403 . .:;:
CHICAGO TITLE INSURANCE COMPANY
STANDARD OWNER POLICY
SCHEDULE A
20060203001 .i.n~ ,-, :
(Continued) PolicyNo.: 1124122
LEGAL DESCRIPTION
PARCEL A:
THE SOUTH 75 FEET OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 23 NORTH, RANGE
5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON;
EXCEPT THE WEST 3 0 FEET THEREOF FOR EDMONDS AV~NUE; AND
EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON FOR STATE ROUTE 900 UNDER
RECORDING NUMBER 7111300314.
PARCEL B:
THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 9,
TOWKSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SECTION 9, TOWNSHIP 23 NORTH, RANGES EAST,
WILLAMETTE MER~DIAN, IN KING COUNTY, WASHINGTON;
THENCE SOUTH 0°59'21" WEST 663.24 FEET;
THENCE SOUTH 88°55'37" EAST 30 FEET TO THE POINT OF BEGINNING;
THENCE ·soUTH 88°55' 37" EAST 289.64 FEET TO THE WEST LINE OF RENTON HIGHLANDS,
ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 46 OF PLATS, PAGE 34, IN KING
COUNTY, WASHINGTON;
THENCE SOUTH 0°47'05" WEST 121.20 FEET;
THENCE SOUTH 60°35' 05" WEST 230. 74 FEET TO THE NORTHEASTERLY MARGIN OF STATE
HIGHWAY NO. 2;
THENCE NORTP. 31°10'55~ WEST 1.45 FEET TO POINT OF CURVEi
THENCE NORTHWESTERLY ON A CURVE TO TH3 LEFT HAVING A RADIUS OF 684.86 FEET A
DIS~A.~CE OF 145.10 FEET TO THE EAST MARGIN OF 116TH AVENUE SOUTHEAST;
THENCE NORTH 0°59'2)_" EAST 124.73 FEET TO THE POI:c!T OF BEGINNING;
EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON FOR STATE ROUTE 900 UNDER
RECORDING NOMBER 7111300314;
T03ETHER w:~H AN EASEMENT FOR INGRESS AND EGRESS OVER A STRIP O? LAND 20 FEET IN
WIDTH, THE EAST LINE OF SAID STRIP BEING DESCRIBED AS FO~LOWS:
BEGINNING AT THE NORTHWES'.:' CORNER OF SECTION 9, TOWNSHIP 23 NORTH, RANGE 5 EAST,
WILLAMETTE MERIDIAN, IN KING COUNTY, WASH,NGTON;
THENC~ SOOTH 0°59'21 11 WEST 663.24 FEET;
THENCE SOUTH 88°55'37" EAST 319.64 FEET T::) THE WEST LINE OF RENTON HIGHLANDS,
ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLOME 46 OF PLATS, PAGE 34, IN KING
COUNTY, WAS~INGTON;
THENCB SOlJT-1 0"47' 05" WEST 121.20 FEST TO THE POINT OF BEGINNING Of' THE EASEMENT;
THENCE CONTINUING SOUTH 0°"7' 05" WEST 435.89 FEET, MORE OR LESS, TO THE NORTHERLY
LINE CF STATE HIGHWAY NO. 2;
EXCEPT THAT c>ORTION CONVEYED TO THE STATE OF WASHIKGTON FDR STATE ROUTE 900 UNDER
ALTAOPAS/RllA/0599
CHICAGO TITLE INSURANCE COMPANY
RECORDING KUMBER 7103150118.
STANDARD OWNER POLICY
SCHEDULE A
(Continued)
LEGAL DESCRIPTION
2006020300140~ ,-,;
PohcyNo.: 1124122
ALTAOl"A5/RDA/099\I
RETURN ADDRESS:
HOMESTAEET BANK A
WASHINGTON STATE
CHARTERED SAVINGS
BANK
Business Loan Support
Department
PO BOX 2346
SEATTLE. WA
98111-2345
DATE: May 2, 2006
20060511001601.::
lll!l llill llllllilill I Iii 11111111111
20060511001601
FIRST R"ERIC~N OT 42.00 PAGE001 OF ete
0!5/11/ZfJilHS 12:40
KING COUNTY, IJA
DEED OF TRUST
1ST
Reference # Of applicable): Additional on page __
Grantor(s):
1. HAC Enterprise LLC
Grantee(s)
1. HomeStreet Bank A Washington State Chartered Savings Bank
2. First American Title Insurance Company, Trustee
Legal Description: Ptn Sec 9 Twp 23N Rge 5E, SW Otr NW Otr
Additional on page __
Assessor's Tex Parcel ID#: 092305-91 61 -05
THIS DEED OF TRUST is dated May 2. 2006, among HAC Enterprise LLC. a Washington limited
liability company ("Granter"); HomeStreet Bank A Washington State Chartered Savings Bank,
whose mailing address is Business Banking, PO BOX 2345, Seattle, WA 98111 (referred to
below sometimes as "Lender" and sometimes as "'Beneficiary"); and First American Title
Insurance Company. whose mailing address is 2101 Fourth Avenue, Suite 800. Seattle, WA
98121 (referred to below as '"Trustee"),
DEED OF TRUST
(Continued)
20060511001601 "-:,•"•
Page 2
CONVEYANCE AND GRANT. For valueble consideration, Grantor c::onVll!l"YS to Tn,.1.st11Je in trust with power of sale, right
of entry and possession and for the benefit of Lender as Beneficiary, all of Grantor's right, title, and interest in and to
the rollowing described real property, together with all existing or subsequently ecrected or atfixe<::I buildings,
improvements and fixtures; all easements. rights of way, and appurtenances; all water, water rights and ditch rights
/including stock in utilities with ditch or irrigation rights}; .:ind all other rights, royalties, and J)ronts relating to t.he real
property, including without hmitation all minerals, oil, gas, geothermal and similar matters, {the '"Real Property"•
located in King Countyl State of Washington:
See attached Exhibit 'A'
The Real Property or Its address is commonly known as 1100 Edmonds Avenue NE, Renton,
WA 98056. The Real Property tax identification number is 092305-9161-05.
G1anto1 hereby assigns as security to Lender, all of Grantor·s right, title, and Interest in and to all leases, Rents, and
profits ot 'the Property. This assignment i.s recorded in accordance wi(h RC::W 65.08.070; the lien created by this
assignment is intended to be specific, perfected and Choate upon the recording of this Deed of T1us1:. Lender grants to
Granl:or a license to collect the Rents and profits, which license may be revoked at Lender's option and shall be
automatically revoked upon acceleration of ::ill or port of the Indebtedness.
THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS ANO THE SECURITY INTEREST IN THE RENT$ AND
PERSONAL PROPERTY. lS GIVEN·TO SECURE (Al PAYMENT OF THE INDEBTEDNESS AND (Bl PERFORMANCE OF
ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS. ANO THIS DEED OF TRUST. THIS
DEED OF TRUST IS GIVl:N AND ACCEPTED ON THE FOLLOWING TERMS:
PAYMENT AND PERFORMANCE. Except as othen,vise provided in this Deed of Trust. Grantor shall p,;1y to Lender all
amounts secured by this Deed of Trust as they become due. and shall strictly and in a timely manner perform all of
Grantor's obligations under the Note, this Deed of Trust, and the Related Documents.
POSSESSION AND MAINTENANCE OF THE PROPERTY' Grantor agrees that Gra,uor's i:,ossession and use of the
Proi:,eny sha,11 be governed by the following provisions:
Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain in possession and
control of the Property; (2) use, operate or manage the Property: and (31 collect the Rents from the Proi:,erty
!this privilege is a license from Le!'lder to Grantor automatically revoked upon def::iult). The following provisions
relate to the use of the Property or to other limitations on the PropertY. lhe Real Property is not used principally
for agricultural purposes.
Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform i!III repairs,
replacements, and mainten,;1nce necessary to preserve its value.
Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, 01 sutter any
stripping of or waste on or to the Property or any portion of the Property. Without limt1ing the generalRy of the
foregoing, Gran tor will not remove, or grant to any other party the right to remove. any timber, minerals !including
oil and gas:), coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent.
Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property
without Lender's prior written consent. As a condition to the removal of any Improvements, Lender may reQuire
Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least
eqt.Jal v.alue.
Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all
reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of Grantor's
compliance with the terms and conditions of this Deed of Trust.
Compliance with Giovernmental Requlrem•nts. Grantor sh,;111 promptly comply, and shall promptly cause
compliance by all agents, tenants or other persons or entities of every nature whatsoever who rent, lease or
otherwise use or occupy the Property in any manner, with t,11 laws. ordinances, and regulations, now or hereafter
in effect. of all governmental authorities appllcable to the use or occupancy of the Property, including without
limitation, the Americans With Dlsabilities Act. Grantor may contest in good faith any such law, ordinance, or
regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has
notified Lender in writing prior to doing so and so long as, in Lender·s sole opinion, Lender's interests in the
Property are not jeopardi;:ed. Lender m.iy require Granter to post adequate security or a surety bond, re.isonably
satisfactory to Lender, to protect Lender's interest.
Duty to Protect. Granto, agrees nei1her to abandon or leave unattended the Property. Grentor shall do ell othar
acts, in addition to those acts set forth above in th,s section, which from the character and use of the Property are
reasonably r1ecess&ry to protect and preserve the Property.
DUE ON SALE -CONSENT BY LENDER. Lender may, at Lender's option, !Al declare immediately due and payable all
sums secured by this Deed of Trust or {B) increase the int-erest rate provided for in the Note or other document
evidenc:in9 the Indebtedness and impose such other condilions as lender deems appropriate, upon the sale or transfer,
without Lender's prior written con.sent. of all or any pan of the Real Property, or any interest in the Real Property. A
"sale or trarlsfer" means the conveyance of Real Properly or any right, title or interest in the Reaj Property; whether
legal, beneficial or eQuitable; whether voluntary or involuntary: whether by outright seJe, deed, installment sale contract,
land contract, contract for dead, leasehold interest with a term greater than three (3) years. lease-option contract, or by
aale. assignment, or transler of any beneficial interest in or to any land trust holding title to the Real Property, or by any
other method of conveyance of an interest in the Real Property. If any Grantor is a corporation, partnership or limited
liability company, transfer also includes any change in ownership of more than twenty-five percent (25%) of the voting
stock, partnership interests or llmited liability company Interests. as the case may be, of such Granter. However, this
option shall not be e;,,;ercised by Lender If such exercise is prohibited by federal law or by Washington law.
TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of
Trust:
Payment. Grantor shall pay when due land in ell events prior to delinQuency) all taxes, special taxes. assessments,
charges {including water and sewer]. lines and impositions levied against or on account of the Property, and shall
pay when due all claims tor work done on or for services rendered or material furnished to the Property. Grantor
shtoo!I maintain the Property free of all liens having priority over or equal to the interest of Lender under this Deed of
Trust, except for the lien of taxes and assessments. not due and except as otherwise prov<ded in this Deed of
Trust.
Right to Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith
1
DEED OF TRUST
(Continued)
20060511 001601 _ i"-'
Page 3
dispule over the obligation to pay, so long >'.ls Lender's interest in the Property is not jeopardized. If a lien arises or
is filed as a result ot nonpayment, Gremo, sh;Jll within fifteen (15) days after the lien erises or, if a lien 1s filed,
within fifteen (15} dt1ys after Grantor has notice n1 th'°" filing, secure the d1scharg~ of the lien, or tf requested by
Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an
amount sufficient to discharge the lien plus any coses ,md attorneys' fees, or other charges that could accrue as a
result of a foreclosure or sale under the lien In any contest, Granter shall defend itself and Lender and sha.11
satisfy any adverse Judgment before enforcem0c<nt ;;1,gmnst the Property. Grantor shall nome Lender as an addition;:il
obligoe under any surety bond furnished in the C(lntest proceedings.
Evldence of Payment. Grontor sharl upon demand furnish to Lender satisfactory evidence of payment of the taxes
or assessments and shall authoriz,:, the appropriate novernmental official to deliver to Lender a,:: any time a written
statement of the taxes and assessments again$t the Propeny.
Notice of Construction. Grantor shall notify Lender 8t least fift,:,en (15J days before any work is commenced. any
services are furni:<1hAd, or any materials are supplied to the Properly, if any mechanic's lien, moterialm,en's lien, or
other lien could be asserted on ;;iccount of the work, services, or materials. Grantor will upon request Of Lender
furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such
improvements.
PROPERTY DAMAGE INSURANCE. The followin.g provisions relating to insur;ng the Property are a part of this Deed of
Trust.
Maintenance of Insurance. Grantor shall procure and maintain policies of tire insurance with standard extended
coverage endorsements on a fair value bss1sis for tho full insurable value covering all Improvements on the Real
Property in an amount sufficient to avoid application of any coinsurance cl1:1use, and with a standard mongagee
clause in favor of Lender. Grantor shall also pr<.H.:ure cJnd maintain comprehensive general liability insurance in such
coverage amounts as Lender may request ""'th Trustee and Lender being named as additional insureds in such
liability insurance policies. Additionally, Gr<1ntor Sholl maintain such other insurance, including but not limited to
hazard, business interruption, and boiler insuranc,:,, as Lender may reasonab-ly require. Policies shall be written in
form, amounts, coverages and basis re;isonobly acceptable to Lender end issued by a company or companies
reasonably acceptable to Lender. Grantor, upon requost of Lender, will deliver to Lender from time to time the
policies or certificates of insurance 111 form S;:"Jt1stactory to Lender, including Stipulations that coverages will not be
cancelled or diminished without at Jeast ten 110] days prior written notice to Lender. Each insurance policy also
shall include an endorsement providing that cover.:ige 1n favor of Lender will not be impaired in any way by any act,
omiss,on or default of Grantor or any other person. Should the Real Property be located in an area designated by
the Director of the Federal Emergency Ma11;;,gemonc Agency as a special flood hazard area, Grantor agrees to
obtain and maintain Federal Flood lnsurarn . .:'-', if av;,ilohle, within 45 days after notice is given by Lender that the
Property 1s located in a special lloor:I haZ<1Hl area, for the full unpaid principal balance OI the loon and any p1ior liens
on the property securing the loan, up to "the maximum policy limits set unde1 the National Flood Insurance Program,
or ::is otherwise required by Lender, and to nHunuun such insurance tor the: term of the loan,
Application of Proceeds. Grantor shall promptly notifv Lender of .any loss or demage to the Property. Lender may
make proof of loss If Granlor fails to do so V\lith111 fifteen (15) days of the casualty. Whether or not Lender's
security is impaired, Lender may, at Lender's election. receive and retain the proceeds of any insurance an(i apply
the proceeds 10 the reduction of the Indebtedness-. payment ol any lien affecting the Property. or the restoration
and repair of the Property. If Lender elects to .:ipply the proceeds to restoration and repair, Grantor shall repai( or
replace the damaged or destroyed lfllprovements in a manner satisfactory to Lender. Lender shall, upon
satisfacto,y proof of such expenditure. p;;iy or reimburse Granter flam the proceeds tor the reasonable cost of
repair or restor;;,tion if Gr.intor is not in del aulc under this Deed of Tru.st. Any proceeds which have not been
disbursed within 180 days after their rece,pt and which Lender has not commiued to the repair or restoration at
the Property shall be used first to pay any ciTTIQUnt 0V11ing to Lender under this Deed of Trust, then to pay accrued
interest, and the rema,ncter, if any, shall be aµµlied to the principal belance of the Indebtedness. If Lender holds
any proceeds after payment in fufl of the lndebH!dness. such proceeds shall be paid without interest to Grantor as
Grantor's interests may eppear.
Grantor'& Report on Insurance. Upon rcquc:H of Lender, however not more than once a year, Grantor shall tu,nish
to Lender a report on each existing policy of insurance showing: 11) the name of the insurer; {2) the risks
insured; {3) the amount of the policy; (4) the property insured, the then current replacement value of such
p1operty, and the manne, of determining that v;;,luc; cind (5f the 1:1xpiration date of the policy. Grantor sh,eill, upon
request of Lender, have an independent ,'lppraiscr satisfactory to Lender determine the cash value replacement cost
of the Property.
TAX AND INSURANCE RESERVES. Subject to any lmiitations set by applicable law, Lender may require Granto, to
maintain V\lith Lender reserves for payment of ilnnual taxes, assessments, and insurance premiums, which reserves
shall be created by advance payment or monthly payment,;; of a sum estimated by Lender to be sufficient to produce,
amounts at least cq·ual to the taxes, assessments, :ilnd insurance premiums to be paid. Th.a reserve funds shall be held
by Lender as a general deposit from Grantor, which Lend,ar may satisfy by payment of the taxes, assessments. and
insurance premiums required to be paid by Grontor as they become due. Lender sholl have the right to draw upon the
reserve funds to pay such items, and Lender shall not be required to determine the val,dity or accuracy of any item
before Ptiying it. Nothing in the Deed of Trust shall be construed as requiring Lender to advance other monies for such
purposes, and Lender shall not incur any liability to1 anything it may do or omit to do with respect to the reserve
account. Sub1ect to any limitations set by apµlicable lcJV\I, 1f the resfi':lrve funds disclose a shortage or deficiency, Grantor
shall pay such shortage or deficiency as required by Lender. All amounts in the reserve account are hereby pledged to
further secure the Indebtedness, and Lend,:,r is hen:,l)y authorized to V\lithdraw and apply such amounts on the
Indebtedness upon the occurrence of an Event of Dcf;iult. Lender shall not be required to pay any interest or earnings
on the reserve funds unless required by law or il,Jreed to by Lender in writing. Lender does not hC>ld the reserve funds
in trust for Grantor, and Lender is not Grantur's agent for poyment of the taxes and assessments required to be paid by
Grantor.
LENDER'S EXPENDITURES. It any action or proceed,r,9 ,s commenced th&t would materially affect Lender's interest 1n
the Property or if Grantor tails to comply witt1 ony provision of this Deed C>f Trust or any Related Documents. including.
but not limited to Grantor's foilure to dischar~JC or p,~y ""hen due ;:iny amounts Grantor is required to discharge or pay
under this Deed of Trust or any Related Documents, Lender on Grantor's behalf ms:ay jbut shall not be obligated to) take
any action that Ll:Ondo,r deems appropriate, ,nclud,ng b<Jt not limited to discharging or paying all taxes, hens, security
interests, encumbrances and other claims. at any time levied or placed on the Property and paying all costs for insu1ing.
maintaining and preserving the Property. All '-UCh ,;,xp~nditures incurr-ed or paid by Lender for such purposes will then
bear interest at the rate charged under the Note from the date incur,ed or paid by Lender 'tO the date of repayment by
Grantor. All such expenses wilt becomo a part of tho Indebtedness and, at Lender's option, will (A) be payable Qn
demand; (6) be added to the balance o1 tt~c Note an<I be apportioned amon9 and be payable with ;my installment
payments to become due during either {ll the torm vf i:lny applicable insurance policy; or (2) the rt:11maining term of
the Note; or iC) be treated as a balloon p«yment ""h1ch V\lill be due and payable at the Note's maturity. The Deed of
DEED OF TRUST
(Continued)
20060511001601.::
Page 4
T,ust also will secure payment of these amounts. Such right shell be in addition to arl other rights and remed·1es to
which Lender may be entitled upon Default.
WARRANTY; DEFENSE OF TITLE. The following provisions ,elating to ownership of the Property are a part of this Deed
of Trust:
Title. Granter warrants that: {a} Granto, holds good and marketable title of record to the Property in fee simple.
free end clear of all liens i:tnd encumbrancee Other than those set forth in the Real Property description or in any
title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection
with this Deed of Trust, and (b) Gran-tor has the full right, power, and authority to e;w;ecute and d&liver this Deed of
Trust to Lender.
Defiltnae of Title. Subject to the excep1ion in the paragraph above, Grantor warran1s and will forever defend the
title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced
that questions Grantot's title or the interest of Trustee or Lender under this Deed of Trus't, Grantor shall defend the
action at Grantor's expense. Grantor may be the nominsl party in such proceeding, but Lender shall be enth.led t.o
participate in the proceeding and to be represented in the proceeding by counsel of Lender·s own choice. and
Grantor wijl deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time
to permit such participation.
compliance With L,11ws. Grarnor warrants that the Property and Grantor's use of the Property complies with arl
existing appllcable laws, ordinances, and 1egulations of governmental authorities.
Survival of Repreeenta.don5 and Warranties. All representations, warranties, and agreernen'ts made by Grantor in
this Deed of Trust shall survive the execution and delivery of 'this Deed of Trust, shall be continuing in nature, and
shalr remain in full force and effect until such time as Gran'tor's Indebtedness shall be paid in full.
CONDEMNATION. The following provisions ,ela"ting to condemnation proceedings are a part of this Deed of Tn..1st:
Proceedings. If any proceeding In condemnation is filed. Grantor shall promptly notify Lender in writing, and
Granter shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor
may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be
represented In the proceeding by counsel of its own choice all at Grantor's expense, and Grantor will deliver or
cause to be delivered to Lender such instrllfTlents and documentation as may be requested by Lender trom time to
time to permit such participation.
Application of Net Proceede. If all or any part of the Property is condemned by eminent domain proceedings or by
any proceeding or purchase in lieu of condemnation, Lander may at its election require that all or any portion of the
net proceeds of the award be epplied to the Indebtedness or the repair or restoration of the Property. The net
proceeds of the award shall mean the award after payment of all reasonable <:osts, expenses. and attorneys' fees
incurred by Trustee or Lender in connection with the condernnenion.
IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The follovving provisions relating
to governmental taxes, fees and charges are a part of this Deed of Trust:
Cunent Taxes, Fee$ and Charges. Upon request by Lender, Granter shall execute such documents in addition to
this Deed or Trust and take whatever other action is requested by Lender to perfect and continue Lender·s lien on
the Real Property, Grantor shall reimburse Lender for a11 taxes. as described below, together with all expenses
incurred in recording, perfecting or continuing this Deed of Trust, including without limitation all taxes, fees,
documentary stamps, and other charges for recording or registering this Deed of Trust.
Taxes. The following shall constitute taxes to which this section applies: C1) a specific tax upon this type of
Deed of Trust 01 upon all or any part of the Indebtedness secured by this Deed of Trust: £2) a specific tax on
Grentor which Grantor is authorized or required to deduct from payments on the Indebtedness secured by this 'type
of Deed of Trust; {3) a tax on this type of Deed of Trust chargel!lble against the Lender or the holder of th& No'te;
and f4) . a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by
Grantor.
Subsequent Taxes. If any tax to which this section applies Is enacted subsequent to the date of this Deed of
Tru8t, this event shall have the same effect as an Event of Default, and Lender may exercise any or all of its
available remedies for an Event of Default as provided below unless Grantor either (1) pays the tax before i't
becomes delinquent, or {2) contests the tax as provided above in the Taxes and Liems section and deposits with
Lend et cash or a sufficient corporate surety bond or other security satisfactory to Lender.
SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a
security agreement are a part of this Deed of Trust:
Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property
constitutes fixtures. and Lender shall have all of the rights of a secured party under the Uniform Commercial Code
as amended from time to time.
Security Interest. Upon request by Lender, Grantor shall take whatever action is requested by Lender to perfect
and cor.tinue Lender's security interest in the Rents and Personal Property, In addition to recording this Deed of
Trust in the real property records. Lander may, at any timi:, and without further authorization from Grantor, file
executed counterparts, copies 01 reproductions of this Deed of Trust as a financing statement. Grantor shall
reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon default, Grantor
shall not remove, sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble
any Personal Property not affixed to the Property ;r, a mar,ner and at a place reasonably convenient to Grantor and
Lender and make it available to Lender within three (3) days after receipt of written demand from Lender to the
extent permitted by applicable law.
Addresses. The mailing addresses of Grantor (debtor) and Lender lsecured pa,rtyJ from which info1mation
concerning the security interest granted by this Deed of Trust may be obtained (each as required by the Uniform
Commercial Code) are as stated on the first page of this Deed of Trust.
FURTHER ASSURANCES; ATTORNEY-IN-FACT.
attorney-in-fact are a part of this Deed of Trust:
The fo11owing provisions relating to further assurances and
Further AS$utence:i=. At any time, and from time to 1ime, upon request of Lender, Grantor will make, execute and
deliver, or will cause to be made, executed or delivered, to Lender or to Lender's designee, and when requested by
Lender, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such times and in such offices
and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security
agreements, financing statements, continuation statements, instrumen'ts of further assurance. certifica'tes, end
other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete,
perfect. continue. or preserve 0) Grantor's obligations under the Note, this Deed of Trust. and the Related
Do<:uments, and !2) the liens and security interests created by this Deed of Trust as first and prior liens on the
DEED OF TRUST
{Continued)
20060511 001601
Page 5
Property, whe1her now owned or hereafter i'IC:quired b;.' Gr.:1ntor. Un.less prohibited by law or Lender agrees to the
contrary ;,.., writing, Gran.tor shall reimburnc LenrJr,r for all costs and expenses incurred in connection with the
matters referred to in this paragraph.
Attorney-in-Fact. If Gran.tor tails to do any of the things referred to in the preceding pa,agraph, Lender may do so
for and in {he name of Grantor and at Grantor's <=expense. For such purposes, Granter hereby iuevocably appoints
Lender as Grantor's attorney-in-fact for the purpose of making, executing, delivering, filing, recording, and doing all
other things as may be necessary or des,rnblc, in Lender's sole opinion, to accomplish the matters referred to in
the preceding paragraph.
FULL PERFORMANCE. If Grantor pays all (11.:, Indebtedness when due. and otherwise performs all the obligations
imposed upon Grantor under this Deed of Trust. Lender shall ex0cute and deliver to Trustee a request for full
reconveyance and shall execute and deliver to Gri"lntor suitable statements of termination of any financing statement on
file evidencing Lender's security interest in the Rents and the Personal Property. Any reconveyance fee shall be paid by
Granto<, if permitted by applicable law. The grantuc in any reconveyance may be described as the "person or persons
legally entitled thereto'', and the recitals in the reconvcyance of any matters or facts shall be conclusive proof of the
truthfulness of any such matters or facts.
EVENTS OF Dl:FAULT, Each of the following, M Lender's option, shall constitute an Event of Default under this Deed
of Trust:
Payment Default. Grantor fails to make ;iny p,--iymen; when due undticr the Indebtedness.
Other Defaults. Grantor fails to comply with or to perform a,ny Other term, obligatlon, covenant or condition
contained in this Oa"ed of Trust or in any ot the Related Documents or to comply with or to perform any term,
obligation, covenant or condition contained in any other agreement between Lender and Grantor.
Compliance Default. Failure to comply with anv othl.'r term, obligation, covenant or condition contained in this
Deed of Trust, the Note or in any of the Rel,;ted Documents
Defa,..lt on Other Payments. Failure of Granter within tile time required by this Deed of Trust to make any payment
for taxes or insurance, or any other payment neo:;essary to prevent filing of or 10 effect disch.1rge of any Lien.
False Statements. Any •..varrantv, represantat,on or >.=t'<ltement made or furnished to Lender by Grantor or on
Grantor's behalf under this Deed of Trust '-'' the Rel.:1ted Documents is false or misleading in ;;.,ny matertal respect.
either now or at the time made or furnished or bP.r;orr1t>$ false or m1sle.;:iding at c1ny time thereafter.
Defective Collateralization. This Deed of r rust or ,:my of the Related Documents ceases to Oe in full force and
effect (including failure of any collateral document 10 create a valid and perfected security interest or lien) at any
time and tor any reason.
Death or ln$olvency. The dissolution of Gr<'.lntor's (regardless of whether election to continue is made). ony
member Withdraws from the limited liability comp<lny. or any other termination of Grantor's existence as a going
business or the death of any member, the insolvency of Grantor, the appointment of a receiver for any part of
Grantor's property, any .1ssignment for the benefit of creditors, any type of creditor workout, or the
commencement of any proceeding under any bankruptcy or insolvency laws by or against Grantor.
Creditor QT FQrfeiture Proceedings. Comm,:;ncemcnt <.if foreclosure or forfeiture proceedings. whether by judiciol
proceeding, self-help, repossession or anv other method, by any credi1or of Granter or by any government.:11 agency
ag.:1inst any propeny securing the Indebtedness. This includes a garnlshmen"t of any of Grantor's accounts,
including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith
dispute by Granter as to the validity or reasonablencr;r; of the Claim which is the b.:1sis of the creditor or forfeiture
proceeding and if Granto, gives Lender written not,cc of the creditor or forfeiture proceeding and deposits with
Lender monies or a surety bond for the crell1tur or torteiture proceeding, in an amount determined by Lender, in its
sole discretion, as being an adequate reserve or bond for the dispute.
Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and
Lender that is not remedied w,thin any grace: pfcr1od provided therein, including without limitation any agreement
concerning any indebtedness or other obligation uf Grantor to Lender, whether existing now or later.
Events Aff.ecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any ol the
Indebtedness or any Guarantor dies or hecon,ec; incompetent, or revokes or disputes the vali,;lity ol, or liubility
under, any Guaranty of the lndebtednes:,. In tile event of a death, Lender, at its option, may, but shall not be
required to, permit the Guarantor's estc1te to <e1,;sume unconditionafly the obligations arising under the guaranty in a
manner satisfactory to Lender, and, in doing so, cure any Event of Default.
Adve,se Change. A material adverse chang"" ~,ccurs in Grantor's financial condition, or Lender believes the
prospect of payment or performance of the Indebtedness is impaired.
tnsec,..rity. Lender in good 1aith believes itself insecure.
Right to Cure. If any de1ault, other than c1 def;;ult in payment is curable and if Granter has not been given a notice
of a breach of the same provision of th,s Deed ot frust within tho preceding twelve {12) months, it may be cured if
Grantor, after receivulg =ritten notice 1rom Lender demanding cure of such default: (1) cures the default within
thirty (30} days; or i2) if the cure requires rnorn than thirty (30) days, immediately initiates steps which Lender
deems in Lender's sole discretion ta be sufficient to cure the default and thereafter continues and completes all
reasonable and necessary steps sufficient w produce compliance as soon as reasonably practical.
RIGHTS ANO REMEDIES ON DEFAULT. If on Event of Default occurs under this Deed of Trust, at any time thereaUer,
Trustee or Lender may e><e,cise any one or mor<= of the fullowing rights and remedies:
Election of Remedie3. Election by Lender to pursu~ any remedy shall not exclude pursuit of any other remedy, and
an election 10 make e><penditures or to take action to perform .an obligation of G,antor under this Deed of Trust,
after Grantor·s failure to perform, shall not affect Lender's right to declare a default and exercise its remedies.
Accelerate Indebtedness. Lender shall twve the right at ,ts option IO declare 1he entire Indebtedness immediately
due and payable. including any prepaymcrol µen,-,1ty \1\/hich Gran"tor would be required to pay.
Foreclosure. With respect to all or any µart of the Real Property, the Trustee shalt have the right to exercise it,;;
power of sale and to foreclose by not,ce ilnd sale, a.nd Lender shall have the right to foreclose by jud;cial
foreclosure, 1n either case in accordance with and to the full extent provided by applicable law.
UCC Remedies. With respect to all or any P<1n of the Peraonal Property, Lender shall have all the rights and
remedies of a secured party under the Unif(,rm Commercial Code.
Collect Rents. Lender shall have the right, without notice to Gn;intor to take posses5iOn of and manage the
Property and collect the Rents, includinq ;.lmount~ past due and L1npeid, and apply the net p,oceeds, over and
above Lender's costs, against the lndeb1ed1)C,:;~. In furthernnce of "I.his right. Lender may require any tenant or
DEED OF TRUST
(Continued}
20060511001601 _ -:--:--
Page 6
other use, of the Property to make payments o# rent or use fees directly to Lender. If the Rent::. are collected by
Lender. then Grantor irrevocably designates Lender .as Grantor's anorney-in-1act to endorse instruments received in
payment thereof in the name of Granter and to negotiate the same and collect the proceeds. Payments by ten;,ints
or other users to Lender in response to Lender·s dam.ind shall satisfy the obligations for which the payments are
made, whether or not any proper grounds for the demand existed. Lender may exerc;ise its rights under this
subpar~graph either in person, by agent, or through a receivc,r.
Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of
the Property, with the power to protect and preserve the Property, to operate the Property preceding or pending
foreclosure or sale, and to collect the Rents from the Property and apply -ihe proceeds. over and above the cost of
the receivership, against the lndebtednes5. The receiver may serve without bond if permitted by law. Lencler'5
right to the l!lppointment o1 a receiver shall exist whether or not the apparent value of the Property exceeds the
Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person trom servino as a
rec-eiver.
Tenancy at Sufferance. 1f Grantor remains in possession of th,e Property after the Property is sold as providec:I
above or Lender otherwise becomes entitled to possession of the Property upon default of Grantor, Grantor shell
become a tenant at sufferance of Lender or the purchaser of the Property and shall, at Lender's option, 01ther {1J
pay a reasonable rental 101 the use of the Propeny, or !2) vacate the Property immediately upon the demand of
Lender.
Other Remedleg, Trustee or Lender shall have any other right or remedy prov,ded In this Deed of Trust or the Note
or by law.
Notice of Sale. Lender shall give Grantor reasonable notice of the time and place of any public sale of the Personal
Property or of the time after which any private sale or other intended disposition of the Personal Property is to be
made. Reasonable notice shall mean notice given at least ten {1 OJ days before the time of the sale or disposrtion.
Any sale of the Personal Property may be made in conjunction With any sale of the Rec,J Property.
Sale of the Property. To the extent permitted by applicable law, Grantor hereby waives any and ell rights to have
the Property marshalled. In exercising its rights and remedies, the Trustee or Lender shall be tree to sell all or any
part of the Property together or separately, in one sale or by separate sales. Lender shall be entitled to bid at any
public sale on all or any portion of the Property.
Attorneys' Fe-es: Expenses. If Lender institutes any suit or action to enforce any Of the terms of this Deed of
Trust, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial
and upon any &ppeal. Whether or not any court action is involved, and to the extent not prohibited by law, all
reasonable expenses Lender incurs that in Lender's opinion are necessary at any time tot the protection of its
interest or the entorcement of its rights shall become a part of the tndebtedness payable on demand and shall bear
interes--r at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include,
without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legi:11
expenses, whether or not there Is a lawsuit, including attorneys' 1ees and expenses for bank~uptcy proceedings
{Including efforts to modify or vacate any au-iomatic stay or injunction), appeals, and any anticipated post-judgment
collection services, the cost of searching records. obtaining title reports {including foreclosure reports), surveyors'
repons, and appraisi;'lt fees, title insurance, ar,c:I 1ees for the Trustee, to the extent permitted by applicable law.
Grantor also will pay any court costs. in addition to a11 other sums provided by law.
Rights of Trustee. Trustee shall h<'!ve all of the rights and duties of Lender as set forth in this section.
POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee
(pursuant to Lender's instructions) are part of this Deed of Trust:
Powers of Trustee. In addition to all powers of Trustee arisil'\g as a matter of law, Trustee shall have the power to
take the following actions with respect to th-a P,operty upon the written reciuest of Lender and Grentor: !a) join m
preparing and filing a map or plal of the Real Property, including the dedication of streets or other rights to the
public; {bt join in granting ar,y easement or creating any restriction on the Real Property; and le) join in any
subordination or-Other agreement affecting this Deed of Trust Ot the interest of Lender under this Deed of Trust.
Obligations to Notify. Trustee shall not be obligated to notify any other party of a pending sale under any other
trust deed or lien, or of any action or proceeding in which Grantor, Lender, or Trustee shall be a party, unless
required by applicable law, or unless the action or proceeding is brought by Trustee.
Trustee. Trustee Shall meet all qualifications required for Trustee under applicable law. ln addition to the rights
and remedies set forth above, with respect to 811 or any part of the Property, the Trustee shall have the right" to
foreclose by notice and sale, and Lender shall have the right to torectose by judicial foreclosure, in either cais:e in
accordar,ce with and to the full extent provided by applicable law.
Succ,;,ssor Truste,;,. Lender, at Lender's option, ffiay from time to time appoint a successor Trustee to any Trustee
appointed under this Deed of Trust by an in.strument executed and acknowledged by Lender and recorded in the
office o1 the recorder o1 King County, State of Washington. The instrument shall contain, in addition to au other
matters requirec:I by state law, the names of the original Lender, Trustee, and Grantor, the book and page or the
Auditor·s File Number where this Deed of Trust is recorded, and the name and address of the successor trustee.
and the instrument shall be executed and acknowledged by Lender or its svccessors in interest. The successor
trustee, Without conveyance of the Property, shall succeed to all the title, power. and duties conferred upon the
Trustee in this Deed of Trust and by applicable law. This procedure for substitution of Trustee shall govern 10 the
exclusior"I of all other provisions for substitution.
NOTICES. Subject to applicable law, and except for notice required or ellowed by law to be given in another manner,
any notice required to be given under this Deed of Trust, including without limitation ~my notice of default and any
notice of sale 5ha!I be given in writing, and shall be effective wtien actually delivered, when actually received by
ttllelacsimile (unless otherwise required by law), when deposited With o nationally recogniled overnight courier, or, if
mailed, when deposited in the United States mail, as first class, cartl1ied or registered mail postage prepaid, directed to
the eiddresses shown near the beginning of this Deed of Trusl. All copies of notices of foreclosure from the holder of
any lien which has priority over 1h1s Deed of Trust shall be sent to Lender's address, as shown near the beginning of
this Deed of Trust. Any party may change its address for notices under this. Deed of Trust by giving formal written
notice to the Other parties, specifying that the purpose of the notice is to change the party's address. For notice
purposes, Grar>tor agrees to keep Lender informed at all tiMes of Grantor's current address. Subject to applicable law,
and except for notice required or allowed by law to be given in another manner, ii there is more than one Granter, any
notice given by Lender to ar>y Gfa,ntor is deemed to be notice given to all Grantors.
MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
Amendments. Ttiis Deed of Trust, Together with any Related Documents, constitutes the entire understanding and
agreement of the parties as to the matters set forth in thi$ Deed of Trust. No alteration of or amendment to this
DEED OF TRUST
(Continued)
20060611001601
Page 7
Deed ot Trust shall be effective unless given 1n writing and signed by the party or patties sought to be charged or
bound by the alteration or amendment,
Annual Reports. If the Property is used for r,urµoses other thar, Grantor's residence, Grantor shalt furnish to
lender, upon request, a certified statern,:,nt of net operating income rece;ved from the Property during Grantor's
previous fiscal year 1n such form and detail ns Lender shall require. "Net operating income~ shall mean all cash
receipts from the Property less al\ cash expunditures made in conneclion with the operation of th.e ProJ)erty.
Caption Headings. Caption headmgs in this D"ed of Trust are for convenience purposes only and are not to be
used to interpret or define the provisions of this Deed oi Trust.
Merger. There shall be no merger Of the interest or es1ate cre.;1ted by this Deed of Trust with any other interest or
estate in the Property at any time held by or (or tile benefit of Lender in any capacity, without the wrine11 consent
of Lender.
Governing Law. This Deed of Trust will be governed by federal law applicable to Lender and, to the extent not
preempted by federal lew, the laws of the State of Washfngton without regard to its conflicts of law provisions.
This Deed of Trust has been accepted by Lender in the State of Wi!l.s.hlngton.
No Waiver by Lender. Lender shall nol bp. deemed to hvve waived any rights under this Deed of Trust unless such
waivei is given in writing and signed by Lender. No delay or omission on the part of Lend6r in el<ercising any right
shall operate as a waiver of such right or any allier right. A waiver by Lender of a provision of this Deed of Trust
shaU not prejudice or constitute a waiver of Lender's right othervvise to demand strict compliance with that
provision or any other provision of this Deed of Trust. No prior waiver by Lender, nor any course of dealing
between Lender and Grantor, shall constitute a wa,vcr of any of Lender's rights or of any of Grantor's obligations
as to any future transactions. Whenever the consent of Lender is required under this Deed of Trust, the granting
of sur.::h r.::onsent by Lender in any instance shall not constitute continuing consent to subsequent instances where
such consent is required and in all cases such cunsem may be granted or withheld in the sole discretion of Lender.
Sev'31reblllty. If a CO\lrt of competent jurisdiction finds any provision of this Deed of Trust to be illegal, lnvalid, or
unenforceable as to any circumstance, that f1nd1ng shall not make the offending provision illegal, invalid, or
unenforceable as to any other circumstance. If lcasib1e, 1he offending provision shall be considered modified so
that it bec.ofOes legal, valid and enforceable. If th,:; offl"lnding provision cannot be so modified, it shall be
cons1"dered deleted trom this Deed of Trust. Unless otherwise required by lelw, the illegality, invalidity, or
unenforceabillty of any provision of th,s Oeed ot Trust shall not aifect the legality, validity or enforceability of any
other provision of this Deed of Trust.
Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Grantor's interest,
this Deed of Trust shall be binding upon c1nd inL1re to the benefit of the parties, their successors and assigns. If
ownership of the Propeny becomes vested 1n ~ per.son other than Grantor, Lender, without notice to Grantor, may
deal With Grantor's successors wittl reference to Lhis Deed of Trust and the Indebtedness by way of forbearance or
extension without releasing Grantor from the obl1gauons of this Deed ol Trust or liability under the Indebtedness.
Time ls of th,:11 Essence. Time is of the esscnc,;, in thtJ performance of this Deed of Trust.
Waiver of Hom,:11stead E;,,;emptlon. Grantor hereby releases and waives all rights and benefits of the homestead
exemption \aws of the State of Washington as i:o all Indebtedness secured by this Deed of Trust.
DEFINITIONS. The following capitahzed words and terrn.s sh!:111 have the following meanings when used in this Deed of
Trust. Unless specifically stated to the contrary, all references to dollar amounts st"lall mean amounts in lawful money
of the United States of America. Words an,! terms used 1n the singular Shall include the plural, aJ"ld the plural shall
include-the singular, as the context rnay require Words and terms not otherwise defined in this Deed of Tru.i;;t shall
have the meanings attributed to such terms in the Unllor rn Commercial Code:
Beneficiary. The word "Benet.ciary" means HomeStreet Bank. A Washington State Chartered Savings Bank, a11d its
successors and assigns.
Borrower. The word "Borrower" means HAC Ent..,rp1ise LLC and includes all co-signers and co-makers signing the
Note and all their successors and assigns
Deed of Trust. The words "Deed of Tru.st" rnean this Deed of Trust among Grantor, Lender, and Trustee, and
includes without kimitatlon all assignment and -,;ec,mty interest provisions relating to the Personal Proi:::,erty and
Rents.
Default. The word ··Default" means th.c Default set lurth in this Deed of Trust in the section titled "Default".
Event of DefauLt. The words "Event of DefrnJ!t" rnean any of the events of default set forth in this Deed of 1"rust in
the events of default section of this Deed of Trust
Granto,. The word "Grantor" means HAC Entarpr1se LLC.
Guarar,,tor. The ward ~Guarantor" means ;,ny guarantor, surety, or accommodation party of any or au of thc
,ndebtedness.
Guaranty. The word "Gu.iranty" n'le;,n.s tho guaranty from Gv<",rantor to Lender. including without limitation a
guaranty of an or part of the Note.
Improvements. The word "Improvements"' means all existing and future improvements, buildings, structures,
mobile homes affil<ed on the Real Property, iacil1t1es, additions, replacements and ott"ler construction on tt"le Real
Property.
Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses
payable under the Note or Related Docurnents. together with all renewals of, extensions of, modifications of.
consolidation_s of and substitutions for the Note or Related Documents and any amounts expended Of a<;l'vanced by
Lender to discharge Grantor's oblLg,ot,on,; or ox11enses incurred by Trustee or Lender to enforce Grantor's
obligatio11s under this Deed of Trust, together with interest on such <"mounts as provided 1n 1his Deed of Trusl.
Lender. The-word ~Lender'' means HomeStreet Bank A Washington State Chartered Savings Bank, its successors
and ass;gns.
Note. The word "Note" means the promissory note dated May 2, 2006, in the original principal amount of
$915,000.00 from Gr&ntor to Lender, together with all renewals of, extensions of, modifications of,
refinancings of, consolidations of, and ,;ubstitutions tor the promissory no,'=" or agreement.
Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal
property now or hcreat,er owned by GranlClr, anrl now or hereafter attached or affixed to the Real Property;
together With all accessions, parts, ,1nd additions to, all replacements of, and all substitutions for, any of such
property; and together with all issues dnd prol,t,e; thereon and proceeds {including vvithout l,mitation all insurance
DEED OF TRUST
(Continued)
proceeds and refunds of premiums) from any sale or other disposition of the Property.
Property. The word "Property" means collectively the Real Property and the Personal Property.
20060511001601
Page 8
Real Property. The words "Real Property" mean the re,:11 property, interests and rights, as further described in this
Deed of Trust.
Related Documents. The words "Related Documents" me.in o?III promissory notes, credit agreements, loan
agreements. guaranties, security agreements, mortgages. deeds of trust, security deeds, collateral mortgages, and
all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with
the Indebtedness; provided, that the environmental indemnity agreements are not "Related Documents" and are
not secured by this Deed of Trust.
Rents.. The word "Rents" means all p(esent and future rents, ravenues, tncom,e, issues, royalties, profits. and
other benefits derived from the Property.
Trustee. The word "Trustee" means First American Title lneurence Company, vvhose mailing address is 2101
Fourth Avenue, Suite BOO, Seattle, WA 98121 and any substitute or successor trustees.
GRANTOR ACKNOWLEOGE.S HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, ANO GRANTOR
AGREES TO ITS TERMS.
GRANTOR:
HAC ENTERPRISE LLC
HEALING ARTS WELLNESS & RESEARCH CENTER, INC, Member of HAC Enterprise
LLC
8
LIMITED LIABILITY COMPANY ACKNOWLEDGMENT .... _ ........... "'"'" _ ... -"""""'t,,."'(f\\C;4 ,~,~i. --~ ········ s ~-·, .£ •• -_·,:"1>,\SS1Q,;:.: ").:.;./",
ISS : .•"Q'<:"' 'v<.<-:•,~ I
STATE
# _: V N01'.4..._ ~-._y \
COUNTY OF _ _Jl--'cC-'--!c..._.p,-______ ...,.__,, , I U) : ~ ">".,L ':o ~ :..i:.. ~
d ~-I: ...o ~~ m: ::
') if ;~· Vs, r:. Q;I.: ; . On this a,_,\J --day __ , • , tl,f:;.ore r,(e, tl'li! undersigned
Notary Public, personally appeared Akbar Fallahzad Member of HAC Enterp'fr,1:~"k~.:9-l~f'h Mo~v1poor. Member
of HAC Enterprise LLC ; Gayle Edwards, President Healing Arts Wellness ,B{t~!Jfii;!:_~_-~-~#rt'Pi!!.c;" and personally
known to me or proved to me on the basis of satisfactory evidence to be memberSio( desrg"nztt~~ents of the limited
liability mpany that executed the Deed of Trust and acknowledged the Deed of Trus"t' tb·be'·'tti~free and voluntary act
and de of e limited liability company, by authority of statute, its articles of organization or its operating agreement,
for th d purposes therein mentioned, and on oath stated that they are authorize to execute this Deed of Trust
and i ecuted the Deed of Trust on behalf of the llmited liability company.
Residing at
REQUEST FOR FULL RECONVEYANCE
To: -----------------------' Trustee
The undersigned is the legal owner and holder of all indebtedness secured by this Deed of Trust. You are hereby
requested, upon payment of all sums owing to you, to reconvey without warranty, to the persons entitled thereto, the
right, title and interest now held by you under the Deed of Trust.
Date:-------------Beneflclary; ------------
By,-----------
Its: ------------
I I
EXHIBIT 'A'
LEGAL DESCRIPTION: .
PARCEL A:
20060511001601. : . .:.
THE SOUTH 75 FEET OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN
KING COUNTY, WASHINGTON.
EXCEPT THE WEST 30 FEET THEREOF FOR EDMONDS AVENUE.
EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON FOR STATE ROUTE 900 RECORDED
NOVEMBER 30, 1971 UNDER RECORDING NO. 7111300314 OF OFFICIAL RECORDS, IN KING COUNTY,
WASHINGTON.
PARCEL B:
THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 23
NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER ·OF SECTION 9, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN
KING COUNTY, WASHINGTON:
THENCE SOUTH 0°59'27" WEST 663.24 FEET;
THENCE SOUTH 86°55'37" EAST 30 FEET TO THE POJNT OF BEGINNING;
THENCE SOUTH 88°55'37" EAST 289.54 FEET TO THE WEST LINE OF RENTON HlGHLANDS, ACCORDING TO
THE PLAT THEREOF, RECORDED IN VOLUME 46 OF PLATS, PAGE 34, IN KING COUNTY, WASHINGTON:
THENCE SOUTH 0°47'05" WEST 121.20 FEET: .
THENCE SOUTH 60°35'05" WEST 230.74 FEET TO THE NORTHEASTERLY MARGIN OF STATE HIGHWAY NO. 2;
THENCE NORTH 37°10'55" WEST 1.45 FEET TO POINT OF CURVE;
THENCE NORTHWESTERLY ON A CURVE TO THE LE~ HAVING A RADIUS OF 648.86 FEET A DISTANCE OF
145.10 FEET TO THE EAST MARGIN OF 116TH AVENUE SOUTHEAST;
THENCE NORTH 0°59'21" EAST 124.73 FEET TO THE POINT OF BEGINNING.
EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON FOR STATE ROUTE 900 RECORDED
NOVEMBER 30, 1971 UNDER RECORDING NO. 7111300314 OF OFFICIAL RECORDS, IN KING COUNTY,
WASHINGTON.
PARCa B-1:
AN EASEMENT FOR INGRESS AND EGRESS OVER A STRIP OF LAND 20 FEET IN WIDTH, THE EAST LINE OF SAID
STRIP BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SECTION 9, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN
KING COUNTY, WASHINGTON;
niENCE SOUTH 0°59'21" WEST 663.24 FEET;
niENCE SOUTH 88°55'37" EAST 319.64 FEET TO THE WEST LINE OF RENTON HIGHLANDS, ACCORDING TO
THE PLAT THEREOF, RECORDED IN VOLUME 46 OF PLATS, PAGE 34, IN KING COUNTY, WASHINGTON;
niENCE SOUTH 0°47'05" WEST 121.20 FEET TO THE POINT OF BEGINNING OF THE EASEMENT;
THENCE CONTINUING SOUTH 0°47'05" WEST 435.89 FEET, MORE OR LESS, TO THE NORTHERLY LINE OF
20060511001601.; :
........
-~-.,,.,-,r..,,,.
STATE HIGHWAY NO. 2.
EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON FOR STATE ROLJTE 9DO RECORDED
MARCH 15, 1971 UNDER RECORD1NG NO. 7103150118 OF OFFIOAL RECORD, JN KING COUNTY, WASHINGTON.
• • • • • • • • • • • • • • • • •
m
i-
~
N
20060511001602.::
RETURN ADDRESS:
HOMESTREET BANK A
WASHINGTON STATE
CHARTERED SAVINGS
BANK
Business Loan Support
Department
11111111111111111
iR~t§!§!i 0041§0
PO BOX 2346
SEATTLE, WA
98111-2345
PAGE001 OF 009
0~/11/2006 12:40
KING COUNTY, WA
ASSIGNMENT OF RENTS
Reference# (if applicable):--------------
Grantor(sl:
1. HAC Enterprise LLC
Grantee{s)
1ST J.,,_
-i1Xli""' Additional on page __
1, HomeStreet Bank A Washington St21te Chartered Savings Bank
Legal Description: Ptn Sec 9 Twp 23N Rge 5E, SW Otr NW Otr
Additional on page __
Assessor's Tax Parcel ID#: 092305-916 i-05
THIS ASSIGNMENT OF RENTS dated May 2, 2006. is made and executed between HAC
Enterprise LLC, a Washington limited liability company (referred to below as "Grantor") and
HomeStreet Bank A Washington State Chartered Savings Bank, whose mailing address is PO
BOX 2345. Seattle, WA 98111 (referred to below as "Lender").
ASSIGNMENT OF RENTS
(Continued)
2006051100~ 1,02. •:,,-.
Page 2
ASSIGNMENT. For valuable consideration. Grantor hereby assigns, grants a continuing security
interest in, and conveys to Lender all of Grantor's right, title, and interest in and to the Rents
from the following described Property located in King County, State of Washington:
See attached Exhibit 'A'
The Property or its address is commonly known as 1100 Edmonds Avenue NE, Renton, WA
98056. The Property tax identification number is 092305-9161-05.
THIS ASSIGNMENT IS GIVEN TO SECURE 11) PAYMENT OF THE INDEBTEDNESS AND 121 PERFORMANCE OF ANY
AND ALL OBLIGATIONS OF GRANTOR UNDER THE NOTE. THIS ASSIGNMENT. AND THE RELATED DOCUMENTS.
THIS ASSIGNMENT IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
PAYMENT ANO PERFORMANCE. Except: as otherwise provided in this Assignment or any Related Documents, Grantor
shall pay to Lender all amounts secured by this Assignnient as they become due, and shall strictly pe-rform all of
Grantor's oblLgations under this Assignment. Unless and until Lender exercises its right to collect the Rents as provided
below and so rong as there is no default under this Assignment, Granter may remain in possession and control of and
operate and manage the Property and collect the Rents, provided th.at the granting of the right to collect the Rents shall
not constitute Lender's consent to the use of cash collateral in a bankruptcy proceeding,
GRANTOR'S REPRESENTATIONS ANO WARRANTIES. Grantor warrants that:
Ownership. Grantor is entitled to receive the Rents free and clear of all rights, loans, liens, encumbrances, and
claims except as disclosed to and accepted by Lender in writing.
Right to Asilgn. Grantor has the full right, power and authority to enter into this Assignment and to assign and
convey the Rents to Lender.
No Prior Assignment. Grantor has not previously assigned or conveyed the Rents to any other person by any
instrument now in force.
No Further Transfer. Grantor will not sell, assign, encumber, or otherwise dispose of any of Grantor's rights in the
Rents except as provided in this Assignment.
LENDER'S RIGHT TO RECEIVE AND COI.LECT RENTS. Lender shall have the right at any time, and even though no
default shall have occurred under this Assignment, to collect and receive the Rents. For this pu1pose, Lender is hereby
given and granted the following rights, powers and authority:
Notice to Tenants. Lande, may send notices to any and all tenants of the Property advising them or this
Assignment and directing all Rents to be paid directly to Lender or Lender's agent.
Enter the Property. Lender may enter upon and take possession of the Property; demand, collect and receive from
the tenants or from any other persons liable therefor, all of the Rents; institute and carry on all legal proceedings
necessary for the protection of the Property, including such proceedings as may be necessary to recover
possession of the Property; collect the Rents and remove any tenant or tenants or other persons from the Property.
Maintain the Property. lendet may enter upon the Property to main1ain the Property and keep the same in repair;
to pay the costs thereof and of all services of all employees, including their equipment, and of all continuing costs
and expenses of maintaining the Property in proper repair and condition, and also to pay all taxes, assessments and
water 1Jtilities, and the premiums on fire and other insurance effected by Lender on the Property.
Compllance with Laws. Lender may do any and all things to execute a11d comply with the laws of the State of
Washington and also all other laws. rules, orders, ordinances and requirements of all othe, governmental age11cfes
affecting the Property.
Lease the Property. Lender may rent or lease the whole or any part of the Property for such term or terms and on
such conditions as lender mav deem appropriate.
Employ Agents. Lender may engage such agern or agents as Lender may deem appropriate, either in Lender's
name or in Grantor's name, to rent and manage the Property, including the collection and application of Rents.
Other Acts. lender may do all such other things and acts with respect to the Ptoperty as Lender may deem
appropriate and may act exclusively and solely i11 the place and stead of Granter and to have all of the powers of
Granter for the purposes stated above.
No Requirement to Act. I.ender shall not be required to do a11y of the foregoing acts or things, and the fact that
Lender shall have performed one or more of the foregoing acts or things shall not require Lender to do any other
specific act or thing.
ASSIGNMENT OF RENTS
(Continued) Page 3
APPLICATION OF RENTS. All costs nod expenses incurred by Lender in connection with the Property shall be for
Grantor's account and Lender may pay such costs and expenses from the Rents. Lender, in its sole discretion, shall
determine the application of any and all Rents received bV it; however, any such Rents received by Lender which are
not applied to such costs and expenses shall be applied to the Indebtedness. AH expenditures made by Lender under
this Assignment and not reimb1,.11sed from the Rents shall become a part of the Indebtedness secured by this
Assignment, and shall be payable on demand, with interest at the Note rate from date of expenditure until paid.
flJlL PERFORMANCE. If Grantor pays all of the Indebtedness when due and otherwise performs alt the obligations
imposed upon Grantor under this Assignment, the Note, and the Related Documents, Lender shall execute and deliver to
Grantor a suitable satisfaction of this Assignment and suitable statements of termination of any financing statement on
file evidencing Lender's security interest in the Rents and the P,operty. Any termination fee required by law shall be
paid by Grantor, if permitted by applicable law.
UNDER'$ EXPENDITURE~. If any action or proceeding is commenced that would materially affect Lender's interest in
the Property or if Grantor fails to comply wlth any provision of this Assignment or any Related Documents, including but
not limited to Grantor's failure to discharge or pay whsri (lus any amounts Grantor is required to discharge or pay under
this Assignment or any Related Documents, lender on Grantor's behalf may {but shall not be obligated to) take any
action that Lender deems appropriate, including but not limited to discharging or paying all taxes, liens. security
interests, encumbrances and other claims, at any time levied or placed on the Rents or 1he Property and paying all costs
for insuring, maintaining and preserving the Property. All such expenditures incurred or paid by Lender for such
purposes will then bear interest at the rate charged tinder the Note from the date incurred or paid by Lender to the date
of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option. will (A)
be payable on demand; (B) be added to the balance of ths Note and be apportioned among and be payable with any
installment payments to become due during either 11 l the term of any applicable insurance policy; or {2) the
remaining term of the Note; or (CJ be treated as a balloon payment which will be due nnd payable at the Note's
maturity. The Assignment also will secure pnyment of these amounts. Such right shall be in addition to all other rights
and remedies to which Lender may be entitled upon Default.
DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Assignment;
Payment Default. Grantor fails to make ariy payment when due under the Jndebtedness.
Other Defaults. Grantor fails to comply with or to perform any other term, obligation, covenant or condition
contained in this Assignmen1 or in an·, of the Reloted Documents 01 to comply with or to perform any term,
obligation, covenant or cond11ion contained in any other agreement between Lender and Grantor,
Default on Other Payments. Failure of Grantor within the time required by this Assignment to make any payment
for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien.
Envir<inmental Default. Failure of any party to comply with or perform when due any term, obligation, covenant or
condition contained in any environmentnl agreement executed in connection with the Property.
False Statements. Any warranty, representation or statement made or furnished to lender by Granter or on
Grantor's behalf under this Assignment or the Related Documents is false or misleading in any material respect,
either now or at the time made or fornished or becomes false or misleading at any time thereafter.
Defective Collaterallzatlon. This Assignment or any of the Related Documents ceases to be in full force and effect
/including failure of any collateral document to create a valid and perfected security interest o, lien) at any time and
for any reason.
Death or Insolvency. The dissolution of Grantor's (regardless of whether election to continue is made), any
member withdraws from the limited liability company, or any other termination of Grantor's existence as a going
business or the death of any member, the insolvency of Grantor, the appointment of a receiver for any part of
Gran10r·s property, any assignment for the bensftt of creditors, any type of creditor workout, or the
commencement of any proceeding under any bankruptcy or insolvency laws by or against Grantor.
Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial
proceeding, self-help, repossession or any other method, by any creditor of Granter or by any governmental agency
against the Rents or any property securing the Indebtedness. This includes a garnishment of any of Grantor's
accounts, inclu,(iing deposit accounts, with Lender. However, this Event of Default shall no~ apply if there is a
good faith dispute by Grantor as to ths validity or reasonableness of the cfaim which 1S the basis of the creditor or
forfeiture procesding and if Grantor gives Lendsr written notice of the creditor or forfeiture proceeding and deposits
with Lender monies or a surety bond 1or the creditor or forfeiture proceeding, in an amount determined by Lender,
in its sole discretion, as being an adequate reserve or bond for lhe dispute.
Property Damage or Loss. The Property is lost, stolen. substantially damaged, sold, or borrowed against.
Events Affecting Guarantor. Any of the precsding events occurs with respect to any Guarantor of any of the
ASSIGNMENT OF RENTS
(Continued I
20060511001602.::
Page 4
Indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability
under, any Guaranty of the ,ndebtedness. In the event of a death, Lender, at its option, may, but shall not be
required to, permit the Gtiarantor's estate to assume unconditionally the obligations arising under the guaranty in a
manner satisfactory to Lender, and, in doing so, cure any Event of Default.
Adverse Change. A material adverse change occurs in Grantor's financial condition, or Lender believes the
prospect of payment or performance of the Indebtedness is impaired.
Insecurity. Lender in good faith believes itself insecure.
Cure Provisions. If any default, other than a default in payment is curable and if Grantor has not been given a
notice of a breach of the same ptovision of this Assignment within the ptecedlng twelve (12) months, it may be
cured if Gral'\tor, after receiving written notice from Lender demanding cure of such default: (1) cures the default
within thirty 1301 days; or 121 if the cure requires more than thirty (30) days, immediately initiates steps which
lender deems in Lendet's sole discretion to be sufficient to cure the default and thereafter continues and
completes all reasonable and necessa,y steps sufficient to produce compliance as soon as reasol'\ably practical.
RIGHTS ANO REMEDIES ON DEFAULT. Upon the occurrence of any Event of Defauh and at any time thereafter, Lender
may exercise any one or mo1e of the following rights and remedies, in addition to any other rights or remedies provided
bylaw:
Accelerate Indebtedness. Lender shall have the right at its optio11 without notice to Grantot to declare the entire
Indebtedness immediately due and payable, including any prepayment penalty which Grantot would be required to
pay.
Collect Rents. Lender shall have the right. without notice to Grantor, to take possession of the Property and
collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lender's
costs, against the Indebtedness. In furtherance of this right, Lendor shall have all the rights provided for in the
Lender's Right to Receive and Collect Rents Sectio11, above. If the Rents are collected by Lender, then Grantor
irrevocably designates Lender as Grantot·s attorney-in-fact to endorse instruments received in payment thereof in
the name of Gr antor and to negotiate the same and collect the proceeds. Payments by tenants or other users to
Lender in response to Lender·s demand shall satisfy the obligations for which the payments are made, whether or
not 1my proper grounds for the demand existed. Lender may exercise its 1ights under this subparagraph either in
person, by agent, or through a receiver.
Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of
tt,e Property, with the power to protect and preserve the Property, to operate the Property preceding or pending
foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of
the receivership, against the Indebtedness. The receiver may serve without bond if permitted by law. Lender's
right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the
Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a
receiver.
Other Aeme-dles. Lender shall have a!I other rights and remedies provided in this Assignment or the Note or by
law.
Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and
an election to make expenditures or to take action to perform an obligation of G,aotor under this Assignment, after
Grantor's failure to perform, shall not affect Lender's right to declare a default and exercise its remedies.
Attorneys' Fees: Expenses. If Lender institutes any suit or action to enforce any of the terms of this Assignment,
lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and
upon any appear. Whether or not any court action is involved, and to the extent not prohibited by law, all
reasonable expenses Lender incurs that in Lender's opinion are nec.essary at any time for the protection of its
interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear
interest at the Note rate from the date of the expe11diture until repaid. Expenses covered by this paragraph include,
withou,: limitation, however subject to any limits under applicable law, Lender's attorneys' fees and lender's legal
expenses, whether or not the1e is a lawsuit. including attorneys' fees and expenses for bankruptcy proceedings
(including efforts 10 modify or vacate any automatic stay or injunctio11f, appeals, and any anticipated post-judgment
collection services, the cost of sear<:hing records, obtaining title reports {including foreclosure reports), surveyors'
reports, and appraisal fees, title insurance, and, fees for the Trustee, to the extent permitted by applicable law.
Grantor also will pay any court costs, in addition to all other sums provided by law.
MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Assignment:
Amendments. This Assignment, together with any Related Documents, constitutes the entire understanding and
agreement of the parties as to the matters set forth in this Assignment. No alteration of or amendment to this
Assignment shall be effective unless given in writing and signed by the party or parties sought to be charged or
bound by the alteration or amendment.
ASSIGNMENT OF RENTS
(Continued)
200605110011:n2_ ::::_,.
Page 5
Caption Headings. Caption headings in this Assignment are for convenience purposes only and are not 10 be used
to interpret or define the provisions of this Assignment.
Governing Law. This Assignment will be governed by federal law applicable to Lender and, to the extent not
preempted by fede:ral law, the laws of the State ot Washington without regard to its conflicts of law provisions.
This Assignment has been accepted by Lender in the Stat& of Washington.
Merger. There shall be no merger of the interest or estate created by this assignment with any other interest or
estate in the Property at any time held by or for the benefit of lender in any capacity, without the written consent
of lender.
Interpretation. (1) In ell cases where there is more than one Borrower or Granter, then all words used in this
Assignment in the singular shall be deemed to have been used in the plural where the context and construction so
require. (2) If more than one person signs this Assignment as ~Grantor," the obligations of each Grantor are joint
and several. This means that if lender brings .a lawsuit, Lender may sue any one or more of the Grantors. If
Borrower and Granter are not the same person. Lender need not sue Borrower first, and that Borrower need not be
joined in any lawsuit. (3) The names given to paragraphs or sections in this Assignment are 1or convenience
purposes only. They are not to be used to interpret or define the provisions ot this Assignment.
No Waiver by Lender. Le11der shall not be deemed to have waived any rights under this Assignment unless such
waiver is given in writing and signed by Lender, No delay or omission on the part of Lender in exercising any right
shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Assignment
shall not prejudice or constitute a waiver of Lender's right otherwise to demand srnct compliance with that
provision or any other provision of this Assignrnent. No p1ior waiver by Lender, nor any course of dealing between
Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any
future transactions. Whenever the consent of Lender is required under this Assignment, the granting of such
consent by lender in any instance shall not constitute continuing consent to subsequent instances where such
consent is required and in all cases such consent mvy be granted or withheld in the sole discretion of Lender.
Notices. Subject to applicable law, and except for notice required or allowed by law to be given in another
manner, any notice required to be given under this Assignment shall be given in writing, and shall be effective
when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when
deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail. as
first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginnirlg of this
Assignment. Any party may change its address for notices under this Assignment by giving formal written notice
to the other parties, specifying that the purpose of the no1ice is to change the party's address. For notice
purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address. Subject to applicable
law, and except for notice required or allowed by raw to be given in another manner, if there is more than one
Grantor, any notice given by Lender to any Grantor is deemed to be notice given to all Grantors.
Powers of Attorney. The various agencies <md powers of attorney conveyed on Lender under this Assignment are
granted 1or purposes of security and may not be revoked by Grantor until such time as the same are renounced by
lender.
Severability. If a court of competent jurisdiction finds any provision of this Assignment to be illegal, invalid, or
unenforceable as to any circumstance, that finding shalt not make the offending provision illegal, invalid, or
unenforceable as to any other circumstance. If feasible, the offending provision shall be considcrnd modified so
that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be
considered deleted from this Assignment. Unless otherwise required by law, the illegality, invalidity, or
unanforceability of any provision of this Assignment shall not affect the legality, validity o, enforceabllrty of any
other provision of this Assignment.
Successors and Assigns. Subject to any limitations stated in this Assignment on transfer ut Grantor's interest, this
Assignment shall be binding upon and inure 10 the benefit of the parties, their successors and assigns. If
ownership of the Property becomes vested in a person other than Grantor, Lender, without notice to Granter, may
dea, with Grantor's successors with reference to this Assignment and the Indebtedness by way of forbearance or
extension withoul releasing Granter from the obfig<ltions of this Assiynment 01 liability under the Indebtedness.
Time is of the Essence. Time is of the essence in the performance ol this Assignment.
WAIVER OF HOMESTEAD EXEMPTION. Grimtor hereby releases and waives all rights and benefits of the homestead
exemption laws of the State of Washington as to all [ndebtedness secured by this Assignment.
WAIVER OF FUGHT OF REDEMPTION. NOTWITHSTANDING ANY OF THE PROVISIONS TO THE CONTRARY
CONTAINED IN THIS ASSIGNMENT, GRANTOR HEREBY WAIVES ANY ANO All RIGHTS OF REDEMPTION FROM
SALE UNDER ANY ORDER OR JUDGMENT OF FORECLOSURE ON GRANTOR'S BEHALF AND ON BEHALF OF EACH
ANO EVERY PERSON, EXCEPT JUDGMENT CREDITORS OF GRANTOR, ACQUIRING ANY INTEREST JN OR TITLE TO
THE PROPERTY SUBSEQUENT TO THE DATE OF THI$ ASSIGNMENT.
ASSIGNMENT OF RENTS
(Continued)
20060511001fifl2
Page 6
DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this
Assignment. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful
money of the United States of America. Words and terms used fn the singular shall include the plural, and the prural
shall include the singular, as the context may requi,e. Words and terms not otherwise defined in this Assignment sharl
have the meanings attributed to such terms in the Uniform Commercial Code:
Assignment. The word "Assignment-' means this ASSIGNMENT OF RENTS, as this ASSIGNMENT OF RENTS may
be amended or modified from time to time, together with all exhibits and schedules attached to this ASSIGNMENT
OF RENTS from time to time.
Borrower. The word ~sorrower" means HAC Etrterprise LLC .
Default. The word "Default" means the Default set forth in this Assignment in the section titled ·oefault".
Event of Default. The words "Event of Default" mean any of the events of default set forth in this Assignment in
the default section of this Assignment.
Granter, The word "Grantor" means HAC Enterprise LLC .
Guarantor. The word "Guarantor· means any guarantor, surety, or accommodation party of any or all of the
Indebtedness.
Guaranty. The word "Guaranty" means the guaranw from Guarantor to Lender, including without limitation a
guaranty of all or part of the Note.
Indebtedness. The word nlndebtedness" means all principal, interest, and other amounts, costs and expenses
payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of,
consolidations of and substitutions for the Note or Retated D0cumen1s and any amounts expended or advanced by
Lender to discharge Grantor's obligations or expenses incurred by Lender to enforce Grantor·s obligations under
this Assignment, together with interest on such amounts as provided in this Assignment.
Lender. The word ~Lender" means HomeStreet Bank A Washington State Chartered Savin,gs Bank, its successors
and assigns.
Note. The word "Note" means the promissory note dated May 2, 2006, in the original principal amount of
$915,000.00 from Grcintor to Lender, together with all renewals of, extensions of, modifications of,
refinancings of, consolidations of, and substitutions for the prom.issory note or agreement.
Property. The word "Property" means all of Grantor's right, title and interest in and to all the Property as
described in the "Assignment" section of this Assignment.
Related Documents. The words ·Related Documents" mean all prnmissory notes, c1edit agreements, loan
agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security
deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter
existing, executed in connection with the Indebtedness.
Rents. The word "Rents~ means all of Grantor's present and future rights, title and interest in, to and under any
and all present and future leases, including, without limitation, all rents, revenue, income, issues, royalties,
bonuses, accounts receivable, cash or security deposits, advance rentals, profits and proceeds from the Property.
and other payments and benefits derived or to be derived from such leases of every kind and nature, whether due
now or later, including without limitation Grantor's right to enforce such leases and to receive and collect payment
and proceeds thereunder.
ASSIGNMENT OF RENTS
(Continued)
200605110011502:··.·
Page 7
THE UNDERSIGNED ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS ASSIGNMENT. AND NOT
PERSONALLY BUT AS AN AUTHORIZED SIGNER, HAS CAUSED THIS ASSIGNMr:NT TO BE SIGNED AND EXECUTED
ON BEHALF OF GRANT OR ON MAY 2, 2006.
GRANTOR:
HAC ENTERPRISE LLC
By, dj{b.p/
Akbar Fallahz
HEALING ARTS WELLNESS & RESEARCH CENTER, INC, Member of HAC Enterprise
LLC
By
;
20060511001~02 :-
EXHIBIT 'A'
LEGAL DESCRIPTION:
PARCEL A:
THE SOUTH 75 FEET OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER OF TiiE NORTHWEST QUARTER OF SECITON 9, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN
KING COUNTY, WASHINGTON.
EXCEPT TiiE WEST 30 FEET THEREOF FOR EDMONDS AVENUE.
EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON FOR STATE ROUTE 900 RECORDED
NOVEMBER 30, 1971 UNDER RECORDING NO. 7111300314 OF OFFICTAL RECORDS, IN KING COUNTY,
WASHINGTON.
PARCEL B:
THAT PORTION OF THE NORTHWEST QUARTER OF TliE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 23
NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCR1BED AS FOLLOWS:
BEGiNNING AT THE NORTHWEST CORNER OF SECTION 9, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN
KING COUNTY, WASHINGTON:
THENCE SOUTH 0°59'27' WEST 663.24 FEET;
THENCE SOUTH 86°55'37" EAST 30 FEET TO THE POINT OF BEGINNING;
THENCE SOUTH 88°55'37" EAST 289.54 FEET TO THE WEST LINE OF RENTON HIGHLANDS, ACCORDING TO
THE PLAT THEREOF, RECORDED IN VOLUME 46 OF PLATS, PAGE 34, IN KING COUNTY, WASHINGTON:
THENCE SOUTH 0°4705" WEST 121.20 FEET:
THENCE SOUTH 60°35'05" WEST 230.74 FEET TO THE NORTHEASTERLY MARGIN OF STATE HIGHWAY NO. 2;
THENCE NORTH 37°10'55" WEST 1.45 FEET TO POINT OF CURVE;
THENCE NORTHWESTERLY ON A CURVE TO THE LEFT HAVING A RADIUS OF 648.86 FEET A DISTANCE OF
145.10 FEET TO THE EAST MARGIN OF 116TH AVENUE SOUTHEAST;
THENCE NORTH 0°59'21" EAST 124.73 FEET TO THE POINT OF BEGINNING.
EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON FOR STATE ROUTE 900 RECORDEP
NOVEMBER 30, 1971 UNDER RECORDING NO. 7111300314 OF OFFICTAL RECORDS, IN KING COUNTY,
WASHINGTON.
PARCEL B-1:
AN EASEMENT FOR INGRESS AND EGRESS OVER A STRIP OF LAND 20 FEET IN WIDTH, THE EAST LINE OF SAID
STRIP BEING DESCRIBED AS FOLLOWS: .
BEGINNING AT THE NORTHWEST CORNER OF SECTION 9, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN
KING COUNTY, WASHINGTON;
THENCE SOUTH 0°59'21" WEST 663.24 FEET;
THENCE SOUTH 88°55'37" EAST 319.64 FEET TO THE WEST LINE OF RENTON HIGHLANDS, ACCORDING TO
THE PLAT THEREOF, RECORDED IN VOLUME 46 OF PLATS, PAGE 34, IN KING COUNTY, WASHINGTON;
THENCE SOUTH 0°47'05" WEST 121.20 FEET TO THE POINT OF BEGINNING OF THE EASEMENT;
THENCE CONTINUING SOUTH 0°47'05" WEST 435.89 FEET, MORE OR LESS, TO THE NORTHERLY UNE OF
•
20060511001 c::02.-:--:-
STATE HIGHWAY NO. 2.
EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON FOR STATE ROUTE 900 RECORDED
MARCH 15, 1971 UNDER RECORDING NO. 7103150118 OFOFFIOALRECORD, IN KING COUNTY, WASHINGTON.
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Reference No.: 251026
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This map may or may not be a survey of the land depicted hereon.
You should not rely upon ii for any purpose other than orientation
to the general location of the parcel or parcels depicted. First
American Trtle expressly disclaims any liability ror aHeged loss or
damage which may result from reliance upon this map.
-
F'.A .. P. F-Q20.i1I ()
WARRANTY DEED CS 111,) D
JQ 1t1r .i\f.lrtl'7' ,uf ~l-t.'11'1[' l?autt• goo
1161:t, Av"~ S..E.. to lJH,th ,A.ve·. $.E. ..
K.'Vn\."1 ALL MJ.:N IJY TIJKSE PRESENTS. Tl,nt tllc-0Yanto,. ttt.Qttu\NOS COHVALt.SCEHT CEHTEf"",
1HC., ~orm,e,rty H. & R. CONSTRUCTIO~ l~C.~ a 'WOshln9ton corpor•~ron~
Jo., u.,u.l en cun&tderano,-. o/ cJ.c :nun c,J----TEH ANO NOFiOO .... ---($10.00) ---.. l.Jolt,,r.,
•nd atlH!r valuabl~ con~ld~rotlon.
he=reb!,j cc.nvi?y-,md urnrran, Jp the STArE:" o~ \\l'A!-,EIINf".Tfi'-1 ~~,f-" frll,,1,t,lllfl de~c ,),,.,.d f't'ni e ... 1ort• "••l~
ate.a t:n Kln9 C"ou.nllJ rn flt(.< c;'11,1e-of Wa.sh1nr,rc,t. 10 rtat· saT»c
IE"X'rcnt an« p1~rpos€" rL'i rf "°'"" nghh hr;.rre,11, rran,,,.d hurJ bt•e-•1 •if'(1u1rC"d 1u111,..,. ETn1ncn, Oom..:nu ri:t.~~ut,-nl
Ul.c St.are-DJ Wa.d ·ngion
Al I 1:hat pol"'t.lon of t.,_e fo\l'°""lng dc:sc: ... \Li~d Parcels~•,=.• and ue1 • lying \oi!C"Ster\<y on!:!
south~sterly of the f~llc,.,,.ing dcscr:bed llne!
8e9lnnln9 at a polnt 50 fe•t eas~•~ly a~d opposite Klg~'llrraay ~ngln•er'$ Station 22-22
when me•'"-ut'ed at' i-liqht angles and/Or" ,..tdf.•1 \y frQl'ft tt'le I 16tn Ave_ S .. E. eeont•,. l I,,~ of
SR 900. 116th Ave. ~ .. E. to 1}8th Avt:1. S.E •• then~~ southerly ,~ • 1tr•~9~i lln• to•
~clnt 60 feet northeasterly •nd op5>0stte I Sh\oWOy Ertglncter 1 & Station A .£t,9+C7.92 ~h~n
rneasu,.od at rlgh1 angle~ an.cPor radt.12ll", fr""Om t.hit" It llne cir-.... t-er 1 Snc of ••'d hl"]hw,i,v,
t~en~e ~outhllMlsterly 9•rallel ~Ith 9atd A line center tin~ to t~e so~theost~rlv tnargln
of seld Parcel 1 •8'• a,nd C"fld of this I 1ne deseriptlon ..
p,..,.-CEl. UAtt ~
The souch 7S Ft:et of tt'\e south h.a.lf of the wf''l-t hAtf of tho north....est-.,u.a,i-ter of "he
north.west ~UA~tar of the north.,,..lt qvarter of Section 9, To"""lh~p 23 Morth, rango S i41t~
~-M~. In king County. Wasnlngton 0 f~t€PT th~ -.est 30 f•et, for road.
PA~CEI. "B'':. That portion of t~e fl(Jrth""°lt quarter of the "!Orth.es~ auartor o~ Svct,on 9. To~~shlp
23 NOrth, RanJ~ 5 E••t-. W..,H,. ln Klng: L .... t.1nty, \lashln911;0,~. described as fg1Jo..;:
8e9l~ntn9 •t th.e north"""95t corner of Sect5cn 9. Tr»iinshE~ 23 NQ~th. R§nge ~ Ea~t. W .. K.
ll"I -!(Ing Count\". W•u1htn9tO"t th~-,,c"' so~th 0•5!)'21 11 "Wctat &&J .. 3'1.1 lent; thence s.c,ut.h tsts'*s5•37u
eaSl ]0 fetrt t.O point of beglnnlng; th•nc:.11 iOUth t5,3•55•:-,u e:•st 280 .. 6a. foot to tnt'" ~St
IEnr of Renton Hlghlo~d, ac~ordtng to p1•t r•corded In Vol~"" 46 of Plat•, page 34. in
l\ln~ Count lu .. hlngitori; i:he,;co •outh 0 .. 47'05" ""'-•l-121.20 t•oc, U1•nce •outh 60"'3S'OS 1
•
-...:,st 2)0.7'• #ee"t 't:O t.h~ ng.rthe••terly ,~,rgln-of St..at:c Klgtn•••Y No. 2.;. the"eo l'IOrtt, 3,•10•5s•1
\lollll•t l.4S feet to point of curv~: then~e no~th'telte~ly o~ a cu~v• to ~~e left ~•vln~ •
r-•dlus of 68fJ .. 86 feet •45 .. 10 feet to tho ee:tt mergln of t16ith Av•l'lue 5outhe6St 1 lhence
noi-c.h o•s,•21'• .ease IZit.1) feet 'lO -point of bof;l•rJnlr,9,
TOGETHER WS'JH •A •&•e-.1,it for tngres:a •~d •gll'ess over• ~trrp of lo"'lld 20 fe:et. fn ..,..1,i;i1;n,
tno east ISne cf ••Id ~trlp being dcscrlb~d a• follO\!i's:
&e9ic,nlng •t th,e O\,,,ll"'th""9&t <.orner ot Sa:-c.t.on •J, TO"Wnshlp 2.3 ~rth, Range 5 !ast. w.H.,
In K,lng (OUf"ty. Wa-,hlngtorq th~P!~e •011th 0"$~'2~•• ... st E,:::,.),.24 fe•t• tl,,enc;e Scuth U8•S5')7''
east 319.6~ feet tot~~ w,est ••ne of Renton HJghl&nd5, •~cord'1'\9 to p!ae r~cordcd In
Voluffllt' la6 of PlatSc. p.aigc 34. '"' Kln9 Cou,,ty. U.a1htn9t:on: thet1,ee sout.h 0•47•05u "-C"'lt t;z,.2""'
feet to polnt oF beglnnl"g of th,ct e••eme-nt; thence contl11ulng $Outh o•i.7 1 051
• "wOS't 435.89
feet, 1n9rc or •~•s~ io the r~rthe~ly lfne of St•te ~Tgh-..oy No. 2,
The lands ~•r~ln conveyed eont•I~ •n ar~a 0£ 7,027 9~~~· feet. anore ~r .~~s. t~• ~peclf;~
d•t~l's conc~~~~n.9 •11 of-W,.lc~ •~• ,o be found -lthl~ t-h4~ ccrt•ln map of derlnl~e ,oea~
~lo~ nc:n,. of re~ord and on flle In tn~ offl~c of the Director ~f ~lghway5 al Olyftll..l•. and
be•~~ng date of appi-av•l J~ne 19, lj6~ ~nd revlsed Aprll 22. 1971 and th center llne of
-..talch Is •'•o sho~~ of re~o,d In VolLM'!III:' ~ of Rlgh-wa~ Pla~s. page 108. records of satd
,ounty.
By tnltlelE~9 ~ne epp~oprl~le 5p•~e b•1o-w, th~ und~rs19~d •gree~
To •urrondcr s:,•.l'sses-slon of the unlmprovtu1 p.ropert:y ':'-e:::.Jn c:on.veyed on. _ _,Oaeal,,n,===""--"'lti=a.•1,..971"-'e..
but not prlor to receipt; of" P•)'••.ent th~refor-t'. C'.'.z C,( d:. (1ri.1U•I}
tt I::. understo.Qid and agreed th•t thlE! St•tlE! of '111•s.h~ngto,, .... ~ll remove lhe e"lstir,'9 rO•d
•pproac.h 1oc,ac~d an th.ft •a&T~rl~ ~fda:-of ••Id higmM!y •torn~•~ Hlgm-ey Engln••r'~
$tetlon 21+00 •~d wJII raGonstru,t t~~ ex5$tl"9 road approoch ~nd drtve"'"'8• 1oc•t•d on
the eeaterly s1de of •afd h19hwayet or ne~r Hlgh,...y E"9ln~er'~ St•tlon 22•UO. whl~h
~pp~oac~ 9h•ll be ffllloln~all'\oed b~tlMl~n ~n~ right of .,.y l•c,.c; and ~hr shDu,der I l.ne or
1,a 1 d t,.lgh'Nly boy t .... gr•nt,,rs. the It tic-I '""". .1,u,c;c:e:s•or:1 or ass 19nm.. Thr grant.ors hil're In
furthier gri:tnt to the St•t• of W••hington, or t ,-s ag..,nt• ... tt,e r,ght tc •nt•r upun -che
,grentc,r 1 5. rem.alni,~~ 1..11nds wt, ....... 'WC'Ct•&.ary to c:.on11-truct saEd appn>&Ch .as &ho....ii Ir bnfblt r .. · .... -. -·-~J
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fr •~ •.tf'U1P~:i,ruod ,J.nrf trg7~P<l '" r Uut al"'rtt::fl',!J nf tflu, dP. d tk :1ei,,t"hy it~.,~r.,.d nn,l tl1ot .rl•fl :r-r~·m:;oz
n1u1 ... hr~u1,,113 Jn•rt.'of .l'hali. n.01 h~,n>UI~ h\nd:1ng 1,1.po.~n rhc ","t.1110 of w,u1•••11otnn unltur-# rin,i ~nnu «f'~-!:!'ptra
tJlh.f nPP:P"fJf•ll!d ltt*'1"~ ,n u•rtftrtg fOT the :.:orate nf W,u:lun91u~~ DepPl"JmPUl (J/ H1ul111J<rt,.~ r ... i, .,,,.,.. Chtl:'f
Right ot wn,, .Age"lt
I? the tmdors,gn#d. tt ?a(>rar11 pHl,!1C' sn nnrt Jor tlle $Ul,Ut-oJ
l.6 <1n11 of Sep1,., .J,$r,I.---· ·
Wf.l...-:l,m91nn :.erchu .rprt,,,, ,lu,r 011 •hu
µprSOl'ld.UJ} 12,.,Di!!',N:.,.fl'~J. bc-fn-Tf' "'Ii'
0:U..,.., A. !Itri.~ am D~;"' stri-.Or _.-
rn ,n,e '-noum lo b~ ind\1urlu.nl a de.'lCl"'ibit'd ut n'1d '1rfao L":-teroirtt thP. toT".PqoLnq Ul;•U' .. ,~,nrnt. ti-nd
settled H1f" ,.iron!' w.-'the:!r frt•~ nud ,•oh~"ftr"'1', net nnd dPed
Gn~
Cn1.a1u~1 n/ lt±Dg'
On rh.1,:, l6
hey' Slqtl ~d tind
•••1){).ltP:'!' 11,u:r"ctit, mc,n t1ot1ed
mu luuut ,u1.d n0Jr1td •en• r:11e dn1, nnd !I'-' ,. laS"t nbnuc u,T"1t1cn
do11 o/
:"1~11:1-ru P!lbllC 111. 1t1nl far lhE" "i'JQll" al \VmhlHQtnfl.
Rl!'•td,no l!I~ Se,lft;;t.l.a.,, •4astd,.?1£ton
sept.. ,1971 -before me i,c,..sot',.JU!J a:ppenre,i
0]1.-Ao at.rl.-er anti Uowi.d w. stri-9.'.'.
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oJ RAUl Ct'.!rr'po,-,.:ton. IDT tl1e u.111.e., ~,nd Pf•rp,•:,es the ... e1n men11oned. and
to c.Tet'UIC .:l'-mcl: 1.n&tr1n·ncn, nnd zi1at du, ~eai
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in die Mattt·r uf Stt.te Rovtc 900 .SH J~·u.
I 16th Ave. s.E. to ))8th Av~~ s.E.
KNCW ALL MEN 8Y T~-JESE PRESENTS, Tht...t the Grontor, FLORE~CE 8. ~.THIES0fllj,
ap~•rl~g of record as Flo,~n~~ F. ~thleson, ~s ~~· s•paratr ~sr.,te,
QI
(1.1...JI
:, t ~y; ,_,,
•1so
($10.00) ----Dollurj·, for a~d !n <'un.rider~tion of the sum oJ----Tt.H AHO H0/100 --
~ •nd other value~l~ co~slderatlon,
he-rebt, eonvey a:nd WGM'G7lt to the STATE Of' WASJIINGTOZ,,,. the foUowi:ng de•cribt!'d -reo.l eatute .situ•
ff") fded k IUng County in tl~t! State of Wuhfflgton, to the same
-t!'ztftat and pu1"'J)O,IC ,. d t•·.ie-right• ~ein g,-atited had been acqui-red under Emineftt .Domain .•ta.lute o,
:::0 the State aJ Wuhmgt.on;
{ ... All tha't portion of the foll°""lng deac.rlbe'c:1 P•rcel ..... lylng south,..sterly of• line
""-._ described •• fo1 I011wS: 'l' 9rginnlng •t • :")Int 60 feet F10rthe•sterly •nd opposite Hfgh_.y Engl,,...r'• St•tlon ~49+87.92
on the A t lne centerl lne survey' 1 inr. of SA 900, 116th Ave. S.E.. o 138th Ave .. s.E.; thent:.4'
southe••c•rly p•r•llel ~Ith s•ld center line to• point opposite Hlg._.y Englna-er••
St•t:lon A51+-9Af.J8 f#. T • .s HTg,._.y fngl neer 1 s St•tlon 86+"9.90 P.O. T .. OI\ the c:ented Inc
survey lire of said project; thence southe•st~rly pa~allel ~Ith the SR 900 cent•rllne
to• point opposite Hlg....,.y Englrwer'5 Statton 88+oo ~n s•ld center line; thence south-
••stedy In• straight 111111! co• point 40 feet northe•stcdy and opposite Hlgfflrllilly Engineer's
$tAtion 8g+SO on •aid centerline; ~hence southeasterly par•llel ~1th said ce"terline to
• point opposite Hlgh..ay Engineer's Station 91+13.70 P.t. and the e"d of thts ltnc:·
description.
PAfl.CEL 11A'1 :
Th•t portron of the W.5t ! cf the Souttn..est fr of the Nortmiieat i of the titorthlraest i of
~ect:on 9. TO"n5hlp 23 Marth, R•nge 5 E•st. W~"·· llwhJc~ lles North of State •oao No. 2;
lXCEPT the West 30 feet thereof for county road;
EXCtPT portion described •s fo1101i1os:
Beginning at: tht! North111C!f.t corner c.,f Section 9; thence south 0•5g•21 11 West 66) .. 24 feet;
thence South ss•55•3r1 E•st 30 feet to true point c.f beg I nnlr.g: thenc.e Sot.1th 88"55' 37"
East 289.6!, feet to the West 11ne of Renton-Highlands Mo. 2, Volume S6 of Plats, page 69;
thence Sot.1th o•i.7 1 5•1 We-st 121.20 feet; thence South 60•35 1 511 West 230.7'4 feet to the
Northeaster-I y 1lrue of Prlr . .a.-y St•te H.igt. ..... y M:o. 2; thane~ North )1°10'55" W.st 1~4S feet
to• polr.t of• curve: thence frtorth~sterly on a cu..ve to the left haW"lng • r.adlos of
684.86 feet an •re. dist•nce of 1'--:.10 feet to the E•&terly l lne of 116th Ave-nue Southe,ast;
thence IIIOrth 0•59 1 21 11 East 124.73 fe~t to the true polnt of beglnnin9;
Sltuate In the City of ~enton, ~ounty of King, St•te of Washl~ton.
Th« latads herein con~eyed cont•ln an area of 9.407 square feet. more or less, the specific
details concerning •11 of which •re o be found wlthlr. that ccrt3in map of definite loe•tlon
nm,.. of record and on file in ~he office of the Director of Hlgh.,,..ys at Olympia, and bearing
date of •pproval Jl-lnf!' 19, 1969, re1i1Ised Q 6t tl 1,z9 and the c::enter line of
~hich Is •lso $hO'"'n of record in volume 4 of Highway Plats, page 108~ records of said county.
It is understood and agreed that the State of W..shington ~ill r~constr~ct the ~~isting roa~
approach on the nort~erly side of said h1gh,...y •tor near High-.iy Engineer's Station 88~72,
which approach shali be maintained bet~en the ~lght of "'"1Y line and the shoylder line of
said highllloity by the 9:--antcr5, the-Ir hc-irs, $UCCC'$50r.,; or assigrts:. The grantor-s herein
further gr•nt to the State of W..shlngton, or its ogent, the right to enter upon the granter's
re-!Vining lands .,..here-n~ces,sar-1 to co.,s·ri..ct said .;:,;~proach.
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It i.:,; undenitaod u,,d agTeed tliat th,t d(.>!11.~ery nf rhi.o; deed i<: h?,,.ehJ1 !etidered ca.r' thnt the tern1-~
and obligati.011» hereof :-dut.Z no! l>ecom,; bi1'Lding upon i/1._-, SWtt> uf Wri«hit19ton unles:;; und uTiiil ac·c-epted
mzu npDTotied h1cueon in wri:'n9" for t,H!' State of Woshingtor1, De!1(1:r•met1t of Hi~JJneoy,;, J,y th..-CP1ief
R.igh: o"' \\'a~i ~·:i.gcnt.
Duted thi~ 2nd.
ST,.·l-E Of' WASHINGTON,
Cotuity of .U•
I. the undersigned, a
2Jl;4. -day of
rl!JII of Pebru,aey. 1911
notary public in nnd for the
Peln:llary • 1971
State of Washington.-hereby cf!Ttify that cm this
per.sonally appea.ud b,efore me
to me known to be th"' individual. described ifl an.d who executed the Jor~goi ... J instrum.er..t, and
County of.
On thlS'.
that -•be signed and seoled the ,m.e ns ber
T'pOBes therein men.tW'led.
hc,nd and offecial seal the
(C,:,rporaUor aeknowledament form)
..day of
.. and ..
to me known to be the. .and
fYee ond uoluntory aC't and deiNI,
. befare me pet'.SOT'ally appea1"ed
of the corp('1'4tior.. 1hat executed ;;1e fo,regoi-nr, instrument, and ack~ou·ledqed said instrument ta be the
free and t:olwnary act n~d deed of said corp01"ation, /01" the uses and purposes therein. mentioned, and
on oath Rtated thnt a1Lt:h.orized ·ro execitte said insrrument and r ,..~ the .<:.:al
o!Ji.red. ii;; rhe corpornre sPal of sa'ld corporation.
·t.CO\{e~ m1de-r m.~~~and
,;)L-··--·--·-··Rl.~~-·.)1 'l: ·
PAGE-····-·
,s-11 • IS JIM 8 oo
nnd offeCUll seal tne dcn1 and year last abon• u,Tlttert.
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