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HomeMy WebLinkAboutReport 1P 'w Lamphere Properties LLC 12505 Broadway Street Beaverton, OR 97005 tel: (503) 643-8687 (owner) PARTIES OF RECORD HARLEY DAVIDSON SIGN VARIANCE LUA09-029, V-A, V-A Connie Guffey Plumb Signs Inc. 909 S 28th Street Tacoma, WA 98409 tel: (253) 473-3323 (contact) Updated: 04/09/09 (Page 1 of 1) LOA t,u cm 0- w w p a v�oa A3llw^ isva — �vlv�ctv�v�4 3 1 If 11 \a � II I • I I � III}I � I i _ 9 k 000 00 �a� gg ii Y O OOOOOOOC I! Y jig, 0000000 COMPLETE REMOVAL OF EXISTING 'FULL THROTTLE' POLE SIGN AND CONCRETE FOOTING. REPLACE WITH POLE SIGN TO BE REMOVED TO GRADE FROM EXISTING TUKWILA LOCATION. EXISTING 'HARLEY DAVIDSON' SIGN AND SUPPORT PIPE TO BE REUSED TO REACH AN OVERALL HEIGHT OF 50'. FCjffol ACTUAL SIGN AREA = 120SF (REINSTALL AT NEW LOCATION) JOB NAME DOWNTOWN HARLEY DAVIDSON SALES WARREN WISSMER REV 1 PROPOSE WFT POLE ONLY DATE 12.28.08 This Is an orb design by Plumb Signs and FILE NAME IM HARLEY DAVIDSON DESIGNER TOW PETERSEN REV 2 LOWER TO SOFT POLE DATE 02.24.09 APPROVED W. DATE romalsu the property of Plumb Signs until aransiar 6Y sate. Al ftkts reserved. Any x LOCATION 3701 E VALLEY RD. RENION SCALE 3�3r-1' IMnutllorlHd �stributbn or duplication SM iRE START DATE 11.25.08 PAGE 1 OF 9 M 1- (woo or other) results In a $1000 dmrg hdaokt�aims 1.9 n}O f Parcel Map and Data !W5? svv:�rH �r I i 61041 tle3 owl J1 SY1 10491z, "' GIXly1Y6 Parcel Number Address Zipcode Taxpayer v! .! 5 I 3i5V 9161 it 91M Wilk gilt INV T :�Iti'4?'i wau 1253600020 3701 EAST VALLEY RD 98055 LAMPHERE PROPERTIES LLC/ATTN: JON WALSH 4 sr J a x: ylq i N d �FdG J7", , heE9, Sr 6.So 3 yi2 . Er r I'f J;s •o x 1-s -Jv s 11„� I1I rM 34Tif 3T a I a r_ G e I J ® I j I 1 ♦ Jb I LOW- IS '� LOT B ry-----—--—--—————-- / LOT 1 _ f -----————--- — --—------—-----�� PCL A71R� — REN BP 371-79 7a09249001 om i 7LB f 1IP1e7 sr }I 'I I f LOT 2 '• 1 .r Y LCT3 - i I� I 302 e �11 n LOT 7 � ._______Ins sP_________ _ _- -i -IPul lr Inr — II AEu L t I - om i .^r v' --� !e._9_J-P 4, .. - API ------'-----------------'-------------------------------' ( �.� vn1 a UO' 7Vf AC CL55 ISM' LOT 2 I LLu i II i" ,! it �\ 1G1+: 3JOla LI D �' 1 �Re Yc Y % n mLOT 1 ,rrl e° I1 hti.ti G PRR LQTd SEE YY 11-I3-1 PLR q BURLINGTON NORTHERII LB 015-65 eson3sool 2 7il � F O.AILLIA IND`L PARK b City of Renton Department of Community & Economic Development ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT:d*& COMMENTS DUE: MARCH 9, 2009 APPLICATION NO: LUA09-029, V-A, V-A DATE CIRCULATED: FEBRUARY 23. 2009 APPLICANT: Connie Guffe , Plumb Signs, Inc. PLANNER: Rocale Timmons PROJECT TITLE: Harley Davidson Sign Variances PLAN REVIEWER: Rick Moreno SITE AREA: 11.16 acres EXISTING BLDG AREA (gross): 165,790 square feet LOCATION: 3701 E Valley Road PROPOSED BLDG AREA(gross) NIA RK ORDER NO: 78036 PLEASE RETURN TO fiiOCALE TIMMOI)S 1� CURRENT PLANNING 6T" FLOOR SUMMARY OF PROPOSAL: The appli nt is requesting two admi strative sign variances from RMC 4-4-100C.10 and RMC4-4- 100E.3 to locate Harley Davidson pale si n off -premises on the prpperty to the south (movie theatre site) and to exceed the height limit of 40 feet. The applicant is proposin to remove the existo 150 square -foot XTreme Full Trottle pole sign and replace with a 120 square -foot Harley Davidson freestanoV pole sign 80 foel in height. The site is located at 3701 East Valley Road and the sign would be located along East Valley Road just h of ite. The subject site is 11.16 acres and is located in the Industrial Medium (IM) zone. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Environment Probable Minor Impacts Probable Major Impacts More Information Necessary Earth Air Water Plants Land/Shoreline Use Animals Environmental Health Energyl Naturai Resources B. POLICY -RELATED COMMENTS C. CODE -RELATED COMMENTS Element of the Environment Probable Minor Impacts Probable Major Impacts More information Necessary Housing Aesthetics Li htlGlare Recreation utilities Trans ortaPon Pubkc Services Historic/Cultural Preservation Airport Fnvironment 10,000 Feet 14,006 Feet We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional informatA is needed to property assess this proposal. Signature of Director or w_,-�n-05 Date CITY OF RENTON DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT MEMORANDUM Date: April 14, 2009 To: City Clerk's Office From: Stacy Tucker Subject: Land Use File Closeout Please complete the following information to facilitate project closeout and indexing by the City Clerk's Office. Project Name: Harley Davidson Sign Variance LUA (file) Number: LUA-09-029, V-A, V-A Cross -References: LUA07-149 AKA's: Project Manager: Rocaie Timmons Acceptance Date: February 23, 2009 Applicant: Connie Guffey, Plumb Signs Inc. Owner: Lamphere Properties LLC Contact: Same as applicant PID Number: 1253600020 ERC Decision Date: ERC Appeal Date: Administrative Approval: March 10, 2009 Appeal Period Ends: March 24, 2009 Public Hearing Date: Date Appealed to HEX: By Whom: HEX Decision: Date: Date Appealed to Council: By Whom: Council Decision: Date: Mylar Recording Number: Project Description: The applicant is requesting 2 administrative sign variances from RMC 4-4- 100C.10 and RMC 4-4-100E.3 to locate Harley Davidson pole sign off -premises on the property to the south (movie theatre site) and to exceed the height limit of 40 ft. The applicant is proposing to remove the existing 50 ft high, 150 sq ft XTreme Full Throttle pole sign and replace with a 120 sq ft Harley Davidson freestanding pole sign 50 ft in height. Location: 3701 East Valley Road Comments: y CITY 7F RENTON Denis Law, Mayor April 9, 2009 Connie Guffey Plumb Signs Inc. 909 S 28`h Street Tacoma, WA 98409 SUBJECT; Harley Davidson Sign Variance LUA09-029, V-A, V-A Dear Ms. Guffey: Department of Community and Economic Development Alex Pietsch, Administrator This letter is to inform you that the appeal period has ended "for the Administrative Variances approval. No appeals were filed, therefore, this decision is final and application for the appropriately required permits may proceed. . The advisory notes listed in the City of Renton Report and Decision dated March 10, 2009 must be adhered to during construction and prior to final inspection. If you have any questions regarding the report and decision issued for this Administrative Variances approval, please call me at (425) 430-7219. Sincerely, Roc e Timmons As ciate Planner cc: Lamphere Properties LLC I Owner(s) FINAL NO APPEALS LTR 09-029.00C 1055 South Grady Way - Renton, Washington 98057 MThis papercontainsM%recydVed material, 30%post consumer RENT4N AHEAD OF THE CURVE City of Renton Department of Community & Economic Development ENVIRONMENTAL. & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: L.rl% COMMENTS DUE: MARCH 9, 2009 APPLICATION NO: LUA09-029, V-A, V-A DATE CIRCULATED: FEBRUARY 23, 2009 APPLICANT: Connie Guffe , Plumb Signs, Inc. PLANNER: Rocale Timmons PROJECT TITLE: Harley Davidson Sign Variances PLAN REVIEWER: Rick Moreno SITE AREA: 11.16 acres EXISTING BLDG AREA (gross): 165,790 square feet LOCATION: 3701 E Valley Road PROPOSED BLDG AREA(gross) NIA WORK ORDER NO: 78036 SUMMARY OF PROPOSAL: The applicant is requesting two administrative sign variances from RMC 4-4-100C.10 and RMC4-4- 100E.3 to locate Harley Davidson pole sign off -premises on the property to the south (movie theatre site) and to exceed the height limit of 40 feet. The applicant is proposing to remove the existing 150 square -foot XTreme Full Trottle pole sign and replace with a 120 square -foot Harley Davidson freestanding pole sign 80 feet in height. The site is located at 3701 East Valley Road and the sign would be located along East Valley Road just south of the site. The subject site is 11.16 acres and is located in the Industrial Medium (IM) zone. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Environment Probable Minor Impacts Probable Major impacts More Information Necessary Earth Air Water Plants Land/Shoreline Use Animals Fnvironmeotal Health !m rrergyl Natural Resources Element of the Environment Probable Minor Impacts Probable Major Impacts More Information Necessary Housing Aesthetics Light/Glare Recreation utilities Transportation Public Services Historic/Cultural Preservation Airport Environment 10,000 Feet 14,000 Feet B. POLICY -RELATED COMMENTS !phi [e�'I woLAW mlGo a4pporl a vM r161 Me ftr 6 I Me* ce;o) rawd Of this t-06pf,-G - 8�04vlo�on r ng Wmlc_ v-efop mf. Heir IG 0 nem o mod a vm u� .t1� � C. CODE -RELATED COMMENTS We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needed to properly assess this proposal. -- .. � �3/, q o Signature ofQ' e or or Authorized Representative Datd VARIANCE City of Renton REPaRr & Department of Community & Economic Development DECISION ADMINISTRATIVE VARIANCE REPORT & DECISION A. SUMMARY AND PURPOSE OF REQUEST REPORT DATE: March 10, 2009 Project Name: Harley Davidson Sign Variance Owner Lamphere Properties LLC; 12505 SW Broadway Street; Beaverton, OR 97005 Applicant / Contact: Plumb Signs Inc; Connie Guffey; 909 S. 28`h Street; Tacoma, WA 98409 File Number: LUA09-029, V-A, V-A Project Manager. Rocale Timmons, Associate Planner Project Summary: The applicant is requesting two administrative sign variances from RMC 4-4- 100C.10 and RMC44-100E.3 to locate Harley Davidson pole sign off -premises on the property to the south (movie theatre site) and to exceed the height limit of 40 feet. The applicant is proposing to remove the existing 50-foot high, 150 square - foot XTreme Full Throttle pole sign and replace with a 120 square -foot Harley Davidson freestanding pole sign 50 feet in height. The site is located at 3701 East Valley Road and the sign would be located along East Valley Road just south of the site. The subject site is 11.16 acres and is located in the Industrial Medium (IM) zone. Project Location: 3701 East Valley Road Exist. Bldg. Area SF: 165,790 Square Feet Proposed New Bldg. Area (footprint): N/A Proposed New Bldg. Area (gross): Site Area: 11.16 acres Total Building Area GSF: N/A Project Location Map Admin Variance Rpt LUA09-029 City of Renton Department of Com 'ty & Economic Development Administrative Variance Report & Decision 11ARL,EYDAVIDSONSIGN VA._,._. 'CE LUA09-029, V-A, V-A Report of March 10, 2009 Page 2 of G B. PROJECT DESCRIPTION/BACKGROUND: The applicant is requesting two Administrative Sign Variances for a Harley Davidson dealership at 3701 East Valley Road. The 11.16 acre site is located in the Employment Area Valley Comprehensive Land Use designation and the zoning is Medium Industrial (IM). Heavy and Light Industrial zoning abut the property to the north and west. Commercial Arterial (CA) zoning is to the south and east of the property. Primary access to the site is gained from an existing curb cut along East Valley Road just to the south of the site. There are two existing buildings located on the site. The older of the two structures is used as an indoor motorcycle -related entertainment center; Xtreme Full Throttle. The newer of the buildings was recently constructed for the Downtown Harley Davidson Renton dealership. There are two existing signs currently used for the Xtreme Full Throttle facility. The first is a 50-foot high pole sign, advertising for Xtreme Full Throttle, located on the subject property abutting East Valley Road. The second sign is also a 50-foot high sign, advertising for Xtreme Full Throttle Sports Bar & Grill, located on the Regal Cinema East Valley Theatre property abutting to the south. The second sign would be removed and replaced with the proposed Harley Davidson sign. The proposed pole sign would be double-faced, internally illuminated, and a total of 50 feet in height. The location of the sign would abut the shared access driveway immediately abutting the property to the south and would have a sign area of 120 square feet. The proposed sign would be set back 15 feet from the property line along East Valley Road and would display the Harley Davidson logo. The applicant has requested two Administrative Variances from the sign standards in the Renton Municipal Code. The first variance is requested from RMC 44-100.13.3; which limits the height for freestanding signs shall be the maximum height of the zone or 40 feet, whichever is less. The second variance is requested from RMC 4- 4-100.C.10; which states that off premise signs are prohibited. The applicant is requesting the variances in order to replace a 50 foot high pole sign on the abutting property to the south with a new Harley Davidson pole sign of the same height. C. EXHIBITS: The following exhibits were entered into the record: Exhibit 1: Vicinity Map Exhibit 2: Site Plan Exhibit 3: Sign Elevations D. FINDINGS: Having reviewed the written record in the matter, the City now makes and enters the following: 1. Request: The applicant has requested two Administrative Variances from the sign standards in the Renton Municipal Code. The first variance is requested from RMC 44-100.E.3; which limits the height for freestanding signs shall be the maximum height of the zone or 40 feet, whichever is less. The second variance is requested from RMC 44-100.C.10; which states that off premise signs are prohibited. The applicant is requesting the variances in order to replace a 50 foot high pole sign on the abutting property to the south with a new Harley Davidson pole sign of the same height. 2. Administrative Variance: The materials submitted by the applicant for administrative variances comply with the requirements necessary to process variances. The applicant's site plan and other project drawings are attached to this report. Admin Variance Rpt LUA09-029 City of Renton Department of Com ly & Economic Development Administrative Variance Report & Decision HARLEY DA VIDSON SIGN VA,_..XE LUA09-029, V-A, V-A Report of March 10, 2009 Page 3 of 6 3. Existing Land Use: Land uses surrounding the subject site include: North — Farwest Steel Warehouse in the Heavy Industrial (IH) zone South — Theater Complex in both the Medium Industrial (IM) and Commercial Arterial (CA) zones East — Warehouse in the Medium Industrial (IM) zone West — Commercial business in the Commercial Arterial (CA) zone (across East Valley Road) 4. Zoning: The site is located in the Medium Industrial (IM) zone. E. CONSISTENCY WITH VARIANCE CRITERIA: Section 4-9-250B.5 lists four criteria that the Zoning Administrator is asked to consider the following four criteria, along with all other relevant information, in making a decision on an Administrative Variance application. The variance criteria are as follows: a. That the applicant suffers undue hardship and the variance is necessary because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings of the subject property, and the strict application of the Zoning Code is found to deprive subject property owner of rights and privileges enjoyed by other property owners in the vicinity and under identical zone classification: Sian Height Variance: The subject property is currently developed with an indoor motorcycle -related entertainment center, XTreme Full Throttle, and a new Harley Davidson dealership. The property has direct access to East Valley Road. The applicant is proposing to remove an existing 50-foot high, 150 square -foot pole sign used for advertising the Xtreme Full Throttle facility. The replacement pole sign would serve as advertisement for the Harley Davidson dealership only and would have a height of 50-feet and area of 120 square -feet. The applicant contends that the location of the property inhibits visibility from the Valley (SR 167) Freeway which the applicant contends is crucial to the viability of the new motorcycle dealership. The existing signage is fifty feet in height and the applicant believes this height is necessary in effectively directing drivers to the facility. Staff concurs that the location of the property results in a hardship; without the requested sign height variance it would be difficult to see. Therefore, the requested variance is reasonable. Off -Premise Sian Variance_ The applicant further contends that the proposed location of the Harley Davidson sign "off -premises" is necessary due to the location of the existing signage on the property for Xtreme Full Throttle. RMC 4-4- 100.E. limits the number of signs to only one sign for each street frontage of any one of the following types: freestanding, roof, ground, projecting or combination sign. Therefore an additional sign on the subject property would be prohibited. The Xtreme Full Throttle facility, the primary use until the recent construction of the Harley Davidson dealership, enjoyed the benefit of both the on and off -premise sign. The Harley Davidson dealership would simply replace the off -premise sign with a sign of the same height and reduce the sign area from 150 to 120 square -feet. Staff has reviewed the variance request and has found that the strict application of the Zoning Code is found to deprive the Harley Davidson dealership of rights and privileges already enjoyed by the property. b. That the granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which subject property is situated. SigLi Height Variance: The proposed sign would enhance the facility in terms of making it more identifiable and facilitate its viability as an asset to the City of Renton and the region. Staff supports the proposed sign height and has determined that it would not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone. The ability to clearly identify this motorcycle dealership Admin Variance Rpt LUA09-029 City of Renton Department of Com ty & Economic Development Administrative Variance Report & Decision HARLEYDAVIDSONSIGNVAR.z-XE LDA09-029, V-A, V--A Report of March 10, 2009 Page 4 of 6 through the placement of the proposed sign may, in fact, enhance the public welfare by efficiently directing drivers to this destination; since the dealership is outside the auto mall area. Off -premise Sign Variance: The applicant contends that the existing off -premise sign is not materially detrimental to the public welfare or injurious to properties in the vicinity. Therefore, the proposed signage would maintain the same character and impacts to properties in the vicinity. In addition the Harley Davidson dealership would simply replace the off -premise sign with a sign of the same height and reduce the sign area from 150 to 120 square -feet. Staff concurs that the approval of the requested variance would not be materially detrimental to the public welfare or injurious to property or improvements in the vicinity. c. That approval shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zone in which the subject property is situated. - Sim Height Variance: Approval of the sign height variance may be considered a grant of special privilege because it would provide an exception from a sign standard that limits most properties. However, the sign height variance would be supported under identical circumstances: for dealerships located in the Employment Area Valley along East Valley Road and where the property has existing signage of the same height proposed. Staff believes that the approval of the requested variances would not provide the applicant with special privilege inconsistent with the limitation upon uses of other properties in the vicinity or zone. Off -Premise Sign Variance: Approval of the off -premise sign variance may be considered a grant of special privilege because it would provide an exception from a sign standard that limits most properties. However, the off -premise sign variance would be supported under identical circumstances: when the code prohibits additional signage on the subject property; where a property has existing signage off -premises; and the proposal would reduce the overall sign area allowed on the off -premise site. Staff believes that the approval of the requested variances would not provide the applicant with special privilege inconsistent with the limitation upon uses of other properties in the vicinity or zone. d. That the approval as determined by the Reviewing Official is a minimum variance that will accomplish the desired purpose: Signn Height Variance: The applicant contends that the request is a minimum variance needed in order to more clearly define the Harley Davidson facility and direct patrons/customers to their destination more efficiently. The proposed signage would play an important role in identifying the motorcycle dealership and its services. An administrative variance is requested in order to replace the off -premise sign with a new sign for the Harley Davidson dealership. The sign would have the same height of the existing sign, 50 feet, and there would be a reduction in the sign area from 150 to 120 square -feet. Staff has reviewed the variance request and concurs with the applicant's contention that in order to replace the sign face for the new Harley Davidson dealership, the variance is the least necessary. The height variance allows the Harley Davidson dealership to maximize its visibility, define its business, and more efficiently direct customers. Off -Premise Sim Variance: The applicant contends that the variance request is the minimum that will accomplish the desired purpose of signage for the Harley Davidson dealership. An administrative variance is requested in order to replace the off -premise sign with a new sign for the Harley Davidson dealership. The sign would have the same height of the existing sign and there would be a reduction in the sign area from 150 to 120 square -feet. Staff has reviewed the variance request and concurs with the applicant's contention that in order to replace the sign face for the new Harley Davidson dealership, the variance is the least necessary to accomplish the applicant's purpose. Admin Variance Rpt LUA09-029 City of Renton Department of Com ty & Economic Development Administrative Variance Report & Decision HA RLE Y DA VIDS ON SIGN VAR..,, rCE LUA09-029, V-A, V--A Report of March 10, 2009 Page 5 of 6 F. CONCLUSION: 1. The sign regulations for the proposed site are covered under the Sign Regulations of the Renton Municipal Code (RMC 44-100). 2. The analysis of the proposal according to variance criteria is found in the body of the Staff Report, 3. The requested variances meet the four criteria necessary to justify granting of the variances. G. DECISION. The two Administrative Variances for the Harley Davidson Sign, File No. LUA09-029, V-A, V-A, are approved. DATE OF DECISION ON LAND USE ACTION: SIGNATURE: �ol C. E. Vincent, Planning Director Decision Dat TRANSMITTED this I0`h day of March 2009 to the OwnerlApplicant/Contact: Lamphere Properties LLC Plumb Signs Inc 12505 SW Broadway St Connie Guffey Beaverton, OR 97005 909 S. 28th Street Tacoma, WA 98409 TRANSMITTED this I e day of March 2009 to the Party(ies) of Record: None TRANSMITTED this 10`h day of March 2009 to the following: Larry Meckling, Building Official Fire Marshal Neil Watts, Development Services Director Jennifer Henning, Planning Manager Renton Reporter Land Use Action Request for Reconsideration, Appeals & Expiration The administrative land use decision will become final if the decision is not appealed within 14 days of the effective date of decision. RECONSIDERATION: Within 14 days of the effective date of decision, any party may request that a decision may be reopened by the Administrator (Decision -maker). The Administrator (Decision -maker) may modify his decision if material evidence not readily discoverable prior to the original decision is found or if he fords there was misrepresentation of fact. After review of the reconsideration request, if the Administrator (Decision -maker) finds sufficient evidence to amend the original decision, there will be no further extension of the appeal period. Any person wishing to take further action must file a formal appeal within the 14-day appeal timeframe. APPEAL: This administrative land use decision will become final if not appealed in writing to the Hearing Examiner on or before 5:00 PM on March 24, 2009. An appeal of the decision must be tiled within the 14- Admin Variance Rpt LUA09-029 City of Renton Department of Com ty & Economic Development Administrative Variance Report & Decision HARLEYDAVIDSONSIGN VAR....ICE LUA09-019, V-A, V-A Report of March 10, 2009 Page 6 of 6 day appeal period (RCW 43.21.C.075(3); WAC 197-11-680). Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8-110. Additional information regarding the appeal process may be obtained from the Renton City Clerk's office, Renton City Hall — 7th Floor, (425) 430-6510. Appeals must be filed in writing, together with the required $75.00 application fee to: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. THE APPEARANCE OF FAIRNESS DOCTRINE: provides that no ex parte (private one-on-one) communications may occur concerning the land use decision. The Doctrine applies not only to the initial decision, but to Appeals to the Hearing Examiner as well. All communications after the decision/approval date must be made in writing through the Hearing Examiner. All communications are public record and this permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence in writing. Any violation of this doctrine could result in the invalidation of the appeal by the Court. EXPIRATION: The variance(s) approval will expire two (2) years from the date of decision. A variance two- year extension may be requested pursuant to RMC 4-9-250B 16. Admin Variance Rpt LUA09-029 Z NING MAP BOC RESIDENTIAL Rc (RC) Resource Conservation (R-1) Residential 1 dulac e-a ' (R-4) Residential 4 dulac R-e (R-8) Residential 8 dulac RMH (RMH) Residential Manufactured Homes (R-10) Residential 10 dulac (R-14) Residential 14 dulac (RM-F) Residential Multi -Family Qn-r (RM-T) Residential Multi -Family Traditional w-u (RM-U) Residential Multi -Family Urban Center Thir Exuma' :e Garaphic entai�o", not g1a�n�te� I b . rvq accurcc Inlrna ty o Slon vode�a ems`} toe dC,a sho.n no°.a o i«°a sld ° o i'nb maP ' Y Purpoua mIY _MIXED USE CENTERS INDUSTRIAL cv (CV) Center Village iH (IL) Industrial - Light ,uc-w (UC-N1) Urban Center • North 1 (IM) Industrial - Medium uc-ae (UC-N2) Urban Center - North 2 (IH) Industrial - Heavy (CD) Center Downtown COMMERCIAL ' -- Renton City limits cnR (COR) CommerciallOifice/Residenfial -- T Adjacent City Limits cn (CA) Commercial Arterial KRILL PAGE c❑ (CO) Commercial Office cN (CN) Commercial Neighborhood PAGE# INDEX 5EC��01"n'+IR413GE SS09 IDNIHSVM 'NO1N321 0' 3�-1VA ISd3 STLE S3SI2dd2131N3 3'i3HdN'dl 909 NO.LN321 NOSQIAV(3-A31VVH NN "Jahl soot 6 t 633 S�a1N ti� Wdo� n-3a -�I�ti�M�d 1N a 0 EXHIBIT 2 s�1] Nasa�haa s�,aw.m�rv,F ea c?a r � rre�d GIs." ' 11� M I I I 1 1 I I I { i l I III I iJ� I l i l ai l I i i I I I i !II -- - -1 �- z � � s 4 y� 0 0®O 00 �Q 000000000 'J 4 0000000 oc V. H m F�1 x W City of Renton Department of Community 8 FCariumic Development ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: r COMMENTS DUE: MARCH 9, 2009 APPLICATION NO: LUA09-029, V-A, V-A DATE CIRCULATED: FFBRUARY 23, 2009 APPLICANT: Connie Guffe , Plumb Signs, Inc. PLANNER: Rocale Timmons PROJECT TITLE: Harley Davidson Sign Variances PLAN REVIEWER: Rick Moreno SITE AREA: 11.16 acres EXISTING BLDG AREA (gross): 165,790 square feet LOCATION: 3701 E Valley Road PROPOSED BLDG AREA(gross) N/A lWORK ORDER NO: 78036 SUMMARY OF PROPOSAL: The applicant is requesting two administrative sign variances from RMC 4-4-100C.10 and RMC4-4- 100E.3 to locate Harley Davidson pole sign off -premises on the property to the south (movie theatre site) and to exceed the height limit of 40 feet. The applicant is proposing to remove the existing 150 square -foot XTreme Full Trottle pole sign and replace with a 120 square -foot Harley Davidson freestanding pole sign 80 feet in height. The site is located at 3701 East Valley Road and the sign would be located along East Valley Road just south of the site. The subject site is 11.16 acres and is located in the Industrial Medium (IM) zone. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Environment Probable Minor Impacts Probable Major impacts More Information Necessary Earth Air Water Plants Land'Shorehne Use Animals Environmental Health Energy/ Natural Resources B. POLICY -RELATED COMMENTS C. CODE -RELATED COMMENTS A/O i s s 4eE s Element of the Environment Probable Minor impacts Probable Major Impacts More Information Necessary Housing Aesthetics Li htlGlare Recreation Utilities Transportation Public Services Historic/Cultural Preservation Airport Environment 10.000 Feet 14.000 Feet We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needed to properly assess this proposal. Signature of Director or Authorized Representative Date City of Renton Department of Community & Economic Development ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET RFVIEWING DEPARTMENT: eA COMMENTS DUE: MARCH 9, 2009 APPLICATION NO: LUA09-029, VAV-A NTON DATE CIRCULATED: FEBRUARY 23, 2 DF Rl it r. APPLICANT: Connie Guffe , Plumb Signs, Inc. PLANNER: Rocale Timmons PROJECT TITLE: Harley Davidson Sign Variances PLAN REVIEWER: Rick Moreno SITE AREA: 11.16 acres EXISTING BLDG AREA (gross): 165,N44DIN401VISION LOCATION: 3701 E Valley Road PROPOSED BLDG AREA(gross) NIA WORK ORDER NO: 78036 SUMMARY OF PROPOSAL: The applicant is requesting two administrative sign variances from RMC 4-4-100C.10 and RMC4-4- 100E.3 to locate Harley Davidson pole sign off -promises on the property to the south (movie theatre site) and to exceed the height limit of 40 feet. The applicant is proposing to remove the existing 150 square -foot XTreme Full Trottle pole sign and replace with a 120 square -foot Harley Davidson freestanding pole sign 80 feet in height. The site is located at 3701 East Valley Road and the sign would be located along East Valley Road just south of the site_ The subject site is 11.16 acres and is located in the Industrial Medium (IM) zone. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Environment Probable Minor Impacts Probable Major Impacts More Information Necessary Earth Air Water Plants Land/Shoreline Use Animals Environmental Health Energy/ Natural Resources B. POLICY -RELATED COMMENTS C. CODE -RELATED COMMENTS FA.-J i>1Jl_ Element of the Environment Probable Minor Impacts Probable Major impacts More Information Necessary Houso Aesthetics Li ht/Giare Recreation Utilities Transportation Public Services HistoriclCultural Preservation Airport Environment 10.000 Feel 14.000 Feet We have reviewed this applicati 77 with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas w ditianal it�for7na on is needed to properly assess this proposal. SignatLie of Director or Authorized Represen ative Date City of Renton Department of Community & Economic Development ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: CQdn.tL&nCOMMENTS DUE: MARCH 9, 2009 APPLICATION NO: LUA09-029, V-A, V-A DATE CIRCULATED: FEBRUARY 23, 2009 APPLICANT: Connie Guffe , Plumb Signs, Inc. PLANNER: Rocale Timmons PROJECT TITLE: Harley Davidson Sign Variances PLAN REVIEWER: Rick Moreno R E C E I V E D SITE AREA: 11.16 acres EXISTING BLDG AREA (gross): 165,790 s ua k J, Ri'!,4 LOCATION: 3701 E Valley Road PROPOSED BLDG AREA(gross) NIA WORK ORDER NO: 78036 SUMMARY OF PROPOSAL: The applicant is requesting two administrative sign variances from RMC 4-4-100C.10 and RMC44- 100E.3 to locate Harley Davidson pole sign off -premises on the property to the south (movie theatre site) and to exceed the height limit of 40 feet. The applicant is proposing to remove the existing 150 square -foot XTreme Full Trottle pole sign and replace with a 120 square -foot Harley Davidson freestanding pole sign 80 feet in height. The site is located at 3701 East Valley Road and the sign would be located along East Valley Readjust south of the site. The subject site is 11.16 acres and is located in the Industrial Medium (IM) zone. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Environment Probable Minor Impacts Probable Major Impacts More Information Necessary Earth Air Water Plants Land/Shoreline Use Animals Environmental Neaith Energy/ Natural Resources B. POLICY -RELATED COMMENTS AMC- C. CODE -RELATED COMMENTS n /e� Element of the Environment Probable Minor Impacts Probable Major Impacts More Information Necessary Housin Aesthetics Li ht/Giare Recreation Utilities Transportation Public Services Nistaric/Cultura! Preservation Airpurt Environment 10,000 Feet 14, 000 Feet We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areaZWhEdditional informa ion is rneed to properly assess this proposal. / natu of Dir or or Affhbrized Represen tive Date City of Renton Department of Community & Economic Development ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: COMMENTS DUE: MARCH 9, 2009 APPLICATION NO: LUA09-029, V-A, V-A DATE CIRCULATED: FEBRUARY 23, 2009 APPLICANT: Connie Guffe , Plumb Signs, Inc. PLANNER: Rocale Timmons PROJECT TITLE: Harle Davidson Sign Variances PLAN REVIEWER: Rick Moreno SITE AREA: 11,16 acres EXISTING BLDG AREA (gross): 165,790 square feet LOCATION: 3701 E Valley Road PROPOSED BLDG AREA(gross) NIA WORK ORDER NO: 78036 SUMMARY OF PROPOSAL: The applicant is requesting two administrative sign variances from RMC 4-4-100C.10 and RMC4-4- 100E.3 to locate Harley Davidson pole sign off -premises on the property to the south (movie theatre site) and to exceed the height limit of 40 feet. The applicant is proposing to remove the existing 150 square -foot XTreme Full Trottle pole sign and replace with a 120 square -foot Harley Davidson freestanding pole sign 80 feet in height. The site is located at 3701 East Valley Road and the sign would be located along East Valley Road just south of the site. The subject site is 11.16 acres and is located in the Industrial Medium (IM) zone. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Environment Probable Minor Impacts Probable Major Impacts More Information Necessary Earth Air Water Plants Land/Shoreline Use Animals Environmentai Health Energy/ Natural Resources Element of the Environment Probable Minor Impacts Probable Major Impacts More Information Necessary Housing Aesthetics Light/Glare, Recreation Utilities Transportation Public Services Histonc/Cult urai Preservation Airport Environment 10.000 Feet 14,000 Feet 8, POLICY -RELATED COMMENTS I. i C. CODE -RELATED COMMENTS _1 f � r 1 We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional inforrriattpn is needed to properly assess this proposal. Signature of Director or M Representative Date i 1 City of Renton Department of Community & Economic Development ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: I gyp' �� COMMENTS DUE: MARCH 9, 2009 APPLICATION NO: LUA09-029, V-A, V-A DATE CIRCULATED: FEBRUARY 23, 2009 APPLICANT: Connie Guffe , Plumb Signs, Inc. PLANNER: Rocale Timmons C"OFPA3r4Fcqy PROJECT TITLE: Harley Davidson Sign Variances PLAN REVIEWER: Rick Moreno SITE AREA: 11.16 acres HE 2.4 EXISTING BLDG AREA (gross): 165,790 square feet ill, LOCATION: 3701 E Valley Road PROPOSED BLDG AREA(gross) NIA BUILDING DIVISION WORK ORDER NO: 78036 SUMMARY OF PROPOSAL: The applicant is requesting two administrative sign variances from RMC 4-4-100C.10 and RMC4-4- 100E.3 to locate Harley Davidson pole sign off -premises on the property to the south (movie theatre site) and to exceed the height limit of 40 feet. The applicant is proposing to remove the existing 150 square -foot XTreme Full Trottle pole sign and replace with a 120 square -foot Harley Davidson freestanding pole sign 80 feet in height. The site is located at 3701 East Valley Road and the sign would be located along East Valley Road just south of the site. The subject site is 11 A 6 acres and is located in the Industrial Medium (IM) zone. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Environment Probable Minor impacts Probable Major Impacts More Information Necessary Earth Air Water Plants Land/Shareiioo Use Animals Environmental HeaNh Energy/ Natural Resources B. POLICY -RELATED COMMENTS C. CODE-RELA TED COMMENTS Element of the Environment Probable Minor Impacts Probable Major Impacts More Information Necessary Housing Aesthetics Li htlGlare Recreation Utilities Transportation Public Services HistoriclCultural Preservation Airport Environment 10.000 Feet 14.000 Feet We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needed to properly assess this proposal. of Director or Authorized Representative Date NOTICE OF APPLICATION A Master Application has been filed and accepted with the Department of Community 8 Economic Dcveloprnenl IGEDI - Planning Division of the City of Renton. The fallowing briefly describes the application and the necessary Public Approvals, PROJECT NAMEINUMBER. Harle,- Daa1] 1 Fig, vaounces' '.- A. v a PROJECT DESCRIPTION: The aP?Iigam Is requesting Iwo adm�n�stratwe sign variances from li 4-4- 10UC.Iri of J RMC4.4.10OF 3 to locate Hai Davidson pole sign off-prer,.ses on the propertc to the sgufr rn Ihentrc sue; and to --d Ile nelgnt limit of an feet The applrc:anf is proposing to remove 1ne e.1 ! 50 square-Innt %Treme Full Trottie pole s+gn and replace witt• a 120 square -foul Harley Davidson freestanding F.I. sign LIG feel In Height. The sife i5 lucnl _d ar 3'C' East '•fallen I uad and II,e S,qe —IC be located along East 'Valley Ruad lust sovrh of .he s„_, The subiec[ $,j , 1 1. 1 B: ,ea and Is tra:aled in the I,cusTriat Meofirn (IM; zone. PROJECT LOCATION: 3701 E VAI.y R—. PU6lIC APPROVALS Adml,isbabve :'a• J'h;e approvals APPLICANTIPROJECT CONTACT PERSON: Cmnic Guff r.,., Piunrh SrSns. Inc., -Far. 12531473-332J x10, Em!. conn;oriV,rumgsigns.uom Comments on the above application must be submitted in writing to Rocalu Timmons, Associate Planner. Department of Community d Economic Development, 1055 South Grady Way. Renton. WA 9a057, by 5:00 PM on March 9, 2009, It you Have quesli,,- about rhis propose' u wrsb 10 oe rnade a piny of record anda;ld'bonal n,lifieatioI by mad concael the P.ge,:l Manager at (425, 430-7219 Anyone who submits written comments will au[Omahc311)-'—;,roe a party sf rf Cord and -,I be nit-hec 0 anydecis,ml Or, th's arQ Cl PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION DATE OF APPLICATION: February 19. 2009 NOTICE OF COMPLETE APPiJCATION: February 23. 2009 DATE OF NOTICE OF APPLICATION February 23. 2009 If iiltl I-ke to Inc made i eery ,` recorc 10 -ti ns h rri— inlormafon cn this prooused prnieCt. Complete nus fe and rotor, to Cit, of Renluc CFO- Pla.—g Dins— 105 Soa1h r3rady VVay, Renton.'AA 9SC57 "ue Name No Ho�rey Day.dscn S qn vananaes' Jh09-G29 Y-A d.A NAME M'%ILING Aflr]rnEss TELLPHONFNp CERTIFICATION � ��\1i 11 I q I, UCGr i� J r0. UY1S , hereby certify that 3 copies of the above docuipp I, were posted by me in conspicuous places or nearby the described property�r+ DATE: G SIGNED: F)be, e-z'6- ATTEST: Subscribed and sworn before me, a Notary Public, in and for the State of Washington residing on the �► day of 4 r NOTARY P BLIC SIGNJU0,41�1L'.���� CITY OF RENTON DEPARTMENT OF COMMUNTY & ECONOMIC DEVELOPMENT - PLANNING DIVISION AFFIDAVIT OF SERVICE BY MAILING On the 23rd day of February, 2009, 1 deposited in the mails of the United States, a sealed envelope containing Acceptance Letter & NOA documents. This information was sent to: Name Representing Connie Guffey Contact/Ap pi i cant Lanphere Properties, LLC Owner Surrounding Property Owners See Attached (Signature of Send STATE OF WASHINGTON } " } SS COUNTY OF KING } I certify that I know or have satisfactory evidence that Stacy Tucker signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. Dated: aZ l g1(A10 Notary Public in Notary (Print): My appointment expires: Prj Harley Davidson Sign Variances Poj LUA09-029, V-A, V-A 125360003003 302305909202 ACT IIITHEATRES CHURCH PENNY R 7132 COMMERCIAL PARK DR 3820 EAST VALLEY RD KNOXVILLE TN 37918 RENTON WA 98057 302305908204 125360002005 JANZEN ANDREA ]-KEG REST LT LAMPHERE PROPERTIES LLC/ATTN: 10100 SHELLBRIDGE WY RICHMOND B JON WALSH CANADA 00000 12505 SW BROADWAY ST BEAVERTON OR 97005 125360001007 PENI RAE C LLC 3820 EAST VALLEY HWY S RENTON WA 98055 302305910408 SCC PROPERTY HOLDINGS DEPT PT WA 08251 PO BOX 25025 GLENDALE CA 91201 302305902702 PIEROTTI FAMILY PARTNERSHIP 16113 SE 170TH PL RENTON WA 98058 125380021100 FARWEST STEEL CORPORATION P 0 BOX 889 EUGENE OR 97403 302305911802 PANRICA INC 3650 E VALLEY RD RENTON WA 98055 125360007004 POWELL-RENTON NO 1 LLC PO BOX 97070 KIRKLAND WA 98083 NOTICE OF APPLICATION A Master Application has been filed and accepted with the Department of Community & Economic Development (CED) — Planning Division of the City of Renton. The following briefly describes the application and the necessary Public Approvals. PROJECT NAMEINUMBER: Harley Davidson Sign Variances I LUA09-029, V-A, V-A PROJECT DESCRIPTION: The applicant is requesting two administrative sign variances from RMC 4-4- 100C.10 and RMC4-4-100E.3 to locate Harley Davidson pole sign off -premises on the property to the south (movie theatre site) and to exceed the height limit of 40 feet. The applicant is proposing to remove the existing 150 square -foot XTreme Full Trottle pole sign and replace with a 120 square -foot Harley Davidson freestanding pole sign 80 feet in height. The site is located at 3701 East Valley Road and the sign would be located along East Valley Road just south of the site. The subject site is 11.16 acres and is located in the Industrial Medium (IM) zone. PROJECT LOCATION: 3701 E Valley Road PUBLIC APPROVALS: Administrative Variance approvals APPLICANTIPROJECT CONTACT PERSON: Connie Guffey, Plumb Signs, inc.; Tel: (253) 473-3323 x10; Eml: connie@plumgsigns.com Comments on the above application must be submitted in writing to Rocale Timmons, Associate Planner, Department of Community & Economic Development, 1055 South Grady Way, Renton, WA 98057, by 5:00 PM on March 9, 2009. If you have questions about this proposal or wish to be made a party of record and receive additional notification by math, contact the Project Manager at (425) 430-7219. Anyone who submits written comments will automatically become a party of record and will be notified of any decision on this project. PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION DATE OF APPLICATION: February 19, 2009 NOTICE OF COMPLETE APPLICATION: February 23, 2009 DATE OF NOTICE OF APPLICATION: February 23, 2009 If you would like to be made a party of record to receive further information on this proposed project, complete this form and return to: City of Renton, CED, Planning Division. 1055 South Grady Way, Renton, WA 98057. File Name / No Harley Davidson Sign Variances / LUA09-029, V-A, V-A NAME: MAILING ADDRESS_ TELEPHONE NO.: CITY 7F RENTON + tea- + Denis Law, Mayor February 23, 2009 Connie Guffey Plumb Sins, Inc. 909 S 28t Street Tacoma, WA 98409 Subject: Harley Davidson Sign Variances LUA09-029, V-A, V-A Department of Community and Economic Development Alex Pietsch, Administrator Dear Ms. Guffey: The Planning Division of the City of Renton has determined that the subject application is complete according to submittal requirements and, therefore, is accepted for review. You will be notified if any additional information is required to continue processing your application. Please contact me at (425) 430-7219 if you have any questions. Sincerely, �urta�r�y Roc e Timmons Associate Planner cc: Lamphere Properties, Inc. / Owner(s) 1055 South Grady Way - Renton, Washington 98057 This paper contains 50% recycled material, 3Mo post consumer RENTON AHEAD OF THE CURVE ?_-I - bZ"Cj City of Renton LAND USE PERMIT°FEB�,INS MASTER APPLICATION aECExvE° PROPERTY OWNER(S) NAME: Lamphere Properties LLC ADDRESS: 12505 SW Broadway Street CITY: ZIP: Beaverton OR 97005 TELEPHONE NUMBER: 503-519-1630 APPLICANT (if other than owner) NAME: Plumb Signs Inc COMPANY (if applicable): ADDRESS: 909 S. 28th St. CITY: Tacoma ZIP: 98409 TELEPHONE NUMBER (253)473-3323 CONTACT PERSON NAME: Connie Guffey COMPANY (if applicable): 1 ' `:�qns Inc. ADDR S �1 CITY: '� ZIP: Ilk iDo .# y=y " 98409 TELEPHOW IVbliilii ND"E-MAIL ADDRESS: (253 )`4'13-3323 x10 connie@plumbsigns.com PROJECT INFORMATION PROJECT OR DEVELOPMENT NAME: Downtown Harley Davidson Renton PROJECT/ADDRESS(S)/LOCATION AND ZIP CODE: 3701 East Valley Road KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): 1253600020 EXISTING LAND USE(S): Sports Arena/Motorcycle Sales PROPOSED LAND USE(S): Motorcycle Sales/Service EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applicable): EXISTING ZONING: IM PROPOSED ZONING (if applicable): SITE AREA (in square feet): 486 , 190 SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE DEDICATED: n / a SQUARE FOOTAGE OF PRIVAT� ACCESS EASEMENTS: n a PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET ACRE (if applicable): n/a NUMBER OF PROPOSED LOTS (if applicable): n/a NUMBER OF NEW DWELLING UNITS (if applicable): n/a H:TormslPlanninglmastet'app.doc - ] - 08/07 P--JECT INFOF NUMBER OF EXISTING DWELLING UNITS (if applicable): n/a SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (if applicable): n / a SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (if applicable). n/a SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL BUILDINGS (if applicable): n/a SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): n/a NET FLOOR AREA OF NON-RESIDENTIAL BUILDINGS (if applicable): n/a NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (if applicable): n / a IMATION (conti*,lied PROJECT VALUr_: $ 9 , 500 IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (if applicable): NO ❑ AQUIFER PROTECTION AREA ONE ❑ AQUIFER PROTECTION AREA TWO ❑ FLOOD HAZARD AREA sq. ft. ❑ GEOLOGIC HAZARD sq. ft. ❑ HABITAT CONSERVATION sq. ft. ❑ SHORELINE STREAMS AND LAKES sq. ft. ❑ WETLANDS sq. ft. LEGAL DESCRIPTION OF PROPERTY Attach legal descri tion on se arate sheet with the following information included SITUATE IN THE SW QUARTER OF SECTION 30, TOWNSHIP 23, RANGE 5 , IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. TYPE OF APPLICATION & FEES List all land use applications being applied for: 'I. \l -A 3. 2. 4. Staff will calculate applicable fees and postage: $ W02�° AFFIDAVIT OF OWNERSHIP 1, (Print Name/s) declare that I am (please check one) the current owner of the property involved in this application or the authorized representative to act for a corporation (please attach proof of authorization) and that the foregoing statemen and answers herein contained and the information herewith are in all respects true and correct to the best of my knowledge and belief. I certify that i know or have satisfactory evidence that Warren W i s s m e r _ signed this instrument and acknowledged it to be hisfher/their free and voluntary act for the uses and purposes mentioned in the instrument. (Signature of Owner/Representative) (Signature of Owner/Representative) �e Notary Public in and for the State of Was i on 4 � • • Notary (Print) Constance R. Guff 0:01v0�'C� '** My appointment expires: April 1, 2011 H:Torm Tlanninglmasterapp.doc - 2 - 08/07 PLANNING DIVISION ` WAIVE OF SUBMITTAL REQUII __MENTS FOR LAND USE APPLICATIONS 'j- ef�'rd dies LANr USIw PERMIT SiJI M TTAL iNAI. . . �4[ODIFWI[ COMM.E REQUIROAeNT9'' . Y.. DY.. Calculations This requirement may be waived by: 1. Property Services Section PROJECT NAME: 2. Public Works Plan Review Section 3. Building Section DATE: f ° Q�NN1N"L, 4. Planning Section pV�� OF RON Q\WEBkPWIDEVSERVIForms\Pianninglwaiverofsubmittalregs.xis 02108 PLANNING DIVISION WAIV OF SUBMITTAL REQUI MENTS FOR LAND USE APPLICATIONS :LAND: U$E PEFt1NIIT,Si1�M4TT l�' WAIY Y. MODIFIED CQ6fIME�tTS. BY� . Parking, Lot Coverage & Landscaping Analysis 4 Pian Reit�Aris (PMI`s} . Plat Name Reservation 4 P©sfage4 Preapplication Meeting Summary4 .:^. Pubk WortCs Approval !Metter 2 Rehabilitation Plan 4 S�Greeff[f�g QE?t�l� q Site Plan 2 AND 4 Stream or Lake 5tudy,'Standarc! .. ....... Stream or Lake Study, Supplemental Stream or Lake Mftlga6.ol Pi8- '� Street Profiles 2 Title Repori or Plat Ce ficate:a Topography Maps Traffics Study.z Tree Cutting/Land Clearing Plan 4 Urban: ReP�rti ,�. t Utilities Plan, Generalized 2 Wetlands Mitigation Plan, Final Y Wetlands Mitigation Plan, Preliminary 4 Wetlands Reporfinelleatlon a- Wireless: Applicant Agreement Statement 2 AND 3 Inventory of Existing Sites 2 AND 3 Lease Agreement, Draft 2 AND 3 Map of Existing Site Conditions 2 AND 3 Map of View Area 2 AND 3 Photosimulations 2 AN l] 3 This requirement may be waived by: 1. Property Services Section PROJECT NAME: 2. Public Works Plan Review Section 3. Building Section DATE: 4. Planning Section 0:1WEBlPVV\DEVSERVIFormslPlanninglwaiverofsubmittalregs.xls 02108 Project Narrative For n`{v V' b Downtown Harley Davidson �E 1.) Downtown Harley Davidson 3701 East Valley Road 2.) Sign & Electrical Permits Required. 3.) Medium Industrial (1M) Zone. 4.) Site was named XTreme Full Throttle Sports Arena and Sales. 5.) No drainage conditions currently exist — installation of a pole sign will not cause any type of drainage problems. 6.) Site is currently being remodeled to house Downtown Harley Davidson Renton, which will feature the sales and service of Harley Davidson Motorcycles. 7.) No plat changes. 8.) There will be no change in access to the property. 9.) No off site improvements, sidewalks, fire hydrants, sewer mains will not be impacted. 10.) The job is valued at $12,000. 11.) No fill. Excavation will be required for the sign footing. Footing to be determined by the engineer at the time of sign permit application. 12.) No trees or landscaping to be removed. 13.) No land to be dedicated. 14.) No temporary buildings will be necessary for sign installation. 15.) The Xtreme Throttle pole sign will be removed to accommodate the new pylon sign for Harley Davidson. 16.) Project is not located within any or close to any wetland areas. 17.) Not within ordinary high water mark area. 18.) Not near any shoreline. 19.) Located in a Medium Industrial area, no residential nearby. DEVELO C;jTYO p4tooili ; FEB SF 'CEIVE , Justification for the Variance Request 1.) The customer suffers this hardship, due to his close proximity to the IKEA business located down the street. As his business is located between IKEA and the freeway, his sign at the current height of 40' is barely visible. He feels that his business is at a disadvantage due to the restraints of the current sign code and would like the opportunity afforded other businesses with larger signs, to advertise to the freeway to the east of his business. 2.) The sign will not adversely affect or be detrimental to the public welfare or injurious to the property or improvements. It takes up little space on the ground and can be beautified with plants and shrubbery to enhance the location. 3.) The approval would not be a granting of special privilege. The customer would like the same advantages allowed by other larger and taller signs in the area. Most other signs in this area are visible to SR167. Our customer would like that same advertising privilege. 4.) An approval of a structure at 80' tall would allow our client the same visibility as other signs in the area. Our client felt that 80' would be more than enough to accomplish his message to the public and perhaps allow him additional revenue to keep his business going and maintain employment in the area. King County Property Description for parcel number 1253600020 Page 1 of 2 Kl;(,IS Parcel Repcsrts Property Report Districis and Development Conditions Report Find Your Council District Find Your Walershed KCGIS Center King County GIS Center King Street Center 201 S. Jackson St. Suite 706 Seattle, WA 98104 giscenter(()Okingcounty.gov + 47 59W,9 N - 122 33136 W + 47" 35' 56.72" 122' 19' 52,90" v.t� Q�"nEWo� ( G 1-Or�1[ htF4�15 SERVICES ❑IRECTOKY CONTACT -- _ ....... GtT� KCGIS Center www.KingCouiity.gov/GIS FEB A 9 2009 VEU Assessor information for parcel number 1253600020cEI �� Taxpayer name LAMPHERE PROPERTIES LLCIATTN: Parcel number 1253600020 JON WALSH Mailing address 12505 SW BROADWAY ST BEAVERTON OR 97005 ._....... ..... _........._...._-._-_--- Address(es) at this 3701 EAST VALLEY RD 98056 parcel Tax Account 125360002005 number Levy code 2100 Jurisdiction RENTON Present use Retail (Discount) Appraised value $13,288,800 Legal description BURLINGTON NORTHERN BSP LOT 2 TGW PORTION LOT 3 LYING NORTH OF LINE DAF: BEGIN AT POINT ON ELY LINE LOT 3 THAT IS 23.80 FT SOUTH OF NE CORNER SAID LOT 3 TH N88-09-51 W 875.52 FT MORE OR LESS TO POINT ON WILY LINE SAID LOT 3 & TERMINUS SAID TERMINUS BEING 80.88 FT SOUTH OF NW CORNER SAID LOT 3 (AKA "NEW LOT 2" AS DESC & DELINEATED PER CITY OF RENTON LOT LINE ADJUSTMENT NO LUA-94-157-LLA RECORDING NO 9511299006) Sales/Quit Claims/Transfers Sale date Sale Buyer Seller Excise Recording Instrument Sale price tax number type reason number 06-25-2002 $0 LAMPHERE HCWA 1902846 20020809001136 Special Other PROPERTIES REALTY Warranty L L C CORP Deed 06-26-1992 $3,686,000 HCWA BURLINGTON 1.255475 199207020000 Warranty None REALTY NORTHERN Deed CORP I RAILROAD 06-26-1992 $0 BURLINGTON GLACIER 1255487 1992070(l Quit Claim Other NORTHERN PARK Deed RAILROAD COMPANY Parcel description Property Lamphere Sports Arena Plat BURLINGTON Water WATER name - and Motorcycle Sales — name NORTHERN - BSP ...... .... _ _-- system DISTRICT Property C - COMMERCIAL Plat Sewer PUBLIC type .. ...............-- ..... ..... __ ... block _ system Present Retail(Discount) Plat lot 2 & FOR 3 Access PUBLIC use - _ O-S-T- _ ...._., SW 30 23-5 Street NONE OR Lot area 486,190 sq. ft. (11.16 R surface UNKNOWN acres) _..._ .. _ ...... -. Commercial building description Building ..... 1 of 1 .. .... ......_.., Building description DISCOUNT STOREISPORTS ARENA Year built 1995 Predominant use WAREHOUSE DISCOUNT STORE (458) Stories 1 Gross sq. ft. 113,176 Building quality AVERAGE Net sq. ft_ 113,175 Construction class MASONRY ..... ....... .--..... ............. _...- --.... Heating system _ FORCED AIR UNIT Building shape Rect or Slight Irrag Sprinklers Y Elevators Taxable Value history Tax year Tax status Taxable value reason Appraised value Taxable value 2009 TAXABLE NONE OR UNKNOWN $4,375,700 (land) y4,37s,700 (land) + $8,913,100 (improvements) + $B 913 109 (improvements) http://www5.kingcounty.gov/kcgisreports/property_report.aspx?PIN=1253600020 2/19/2009 TICOR TITLE -JMPANY 600 SW 39th Street, Ste 100, Renton, WA 98057 (425)255-7575 FAX (425)255-0285 Date: February 4, 2009 at 08:00 AM Prepared For: Plumb Sign Company 909 S. 28th Street Tacoma, WA 98409 INQUIRIES SHOULD BE MADE TO: UNIT 1 (425)255-7472 Ken Karman Donna Roetter Order No,: 6427177-1 Your Reference: Lanphere Properties, LLC/Company Charge: $ 250,00 Tax: $ 22.50 v�pP 0 to FV ctX811 0 PLAT CERTIFICATE SCHEDULE A TITLE IS VESTED IN: Lanphere Properties, LLC, an Oregon limited liability company LEGAL DESCRIPTION: Lot 2, Burlington Northern, a Binding Site Plan, (BSP-014-92), according to the plat thereof, recorded in Volume 161 of Plats, pages 8 through 11, in King County, Washington; TOGETHER WITH that portion of Lot 3, of said binding site plan, lying north of a line described as follows: Beginning at a point on the easterly line of Lot 3 that is 23.80 feet south of the northeast corner of Lot 3, of said binding site plan; thence north 88409'51" west a distance of 875.52 feet, more or less, to a point on the westerly line of said Lot 3 and the terminus of the description, said point of terminus being 80.88 feet south of the original northwest corner of Lot 3; (ALSO KNOWN AS (NEW) Lot 2 of City of Renton Lot Line Adjustment Number LUA-94-157-LLA recorded under Recording Number 9511299006, in King County, Washington. Plat Certificate Schedule A Policy No. 6427177-1 LEGAL DESCRIPTION SCHEDULE A CONTINUED The land referred to herein is described as follows: Lot 2, Burlington Northern, a Binding Site Plan, (BSP-014-92), according to the plat thereof, recorded in Volume 161 of Plats, pages 8 through 11, in King County, Washington; LTOGETHER WITH that portion of Lot 3, of said binding site plan, lying north of a line described as follows: Beginning at a point on the easterly line of Lot 3 that is 23.80 feet south of the northeast corner of Lot 3, of said binding site plan; thence north M09'51" west a distance of 875.52 feet, more or less, to a point on the westerly line of said Lot 3 and the terminus of the description, said point of terminus being 80.88 feet south of the original northwest corner of Lot 3; (ALSO KNOWN AS (NEW) Lot 2 of City of Renton Lot Line Adjustment Number LUA-94-157-LLA recorded under Recording Number 9511299006, in King County, Washington. PLAT CERTIFICATE EXCEPTIONS: 2. 5, SCHEDULE B General property taxes and special district charges, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1 st half delinquent on May 1 st; 2nd half delinquent on November 1 st) Total Taxes for Year 2009 Amount Billed: $132,618.51 Amount Paid: $0.00 Amount Due: $132,618.51 Tax Account Number: 125360-0020-05 Levy Code: 2100 Current Assessed Value: Land: $4,375,700.00 Improvements: $8,913,100.00 NOTE: Said Taxes are not payable until February 15th. DEED OF TRUST, AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: Lanphere Properties, LLC, an Oregon limited liability company TRUSTEE: Commonwealth Land Title Insurance Company BENEFICIARY: KeyBank National Association LOAN NO.: Not Disclosed AMOUNT: $5,625,000.00 DATED: August 19, 2002 RECORDED: August 28, 2002 RECORDING NO.: 20020828001046 ASSIGNMENT OF RENTS AND THE TERMS AND CONDITIONS THEREOF: ASSIGNOR: Lanphere Properties, LLC, an Oregon limited liability company ASSIGNEE: KeyBank DATED: August 19, 2002 RECORDED: August 28, 2002 RECORDING NUMBER: 20020828001047 DEED OF TRUST, AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: Lanphere Properties, LLC, an Oregon limited liability company TRUSTEE: Commonwealth Land Title Insurance Company BENEFICIARY: KeyBank National Association LOAN NO.: Not Disclosed AMOUNT: $38,500,000.00 DATED: August 26, 2002 RECORDED: December 19, 2002 RECORDING NO.: 20021219000448 DEED OF TRUST, AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: Lanphere Properties, LLC, an Oregon limited liability company TRUSTEE: Commonwealth Land Title insurance Company BENEFICIARY: KeyBank National Association LOAN NO.. Not Disclosed AMOUNT: $747,719.00 DATED: November 10, 2003 RECORDED: November 18, 2003 RECORDING NO.: 20031118002943 SCHEDULE B (Continued) M iJ ASSIGNMENT OF RENTS AND THE TERMS AND CONDITIONS THEREOF: ASSIGNOR: Lanphere Properties, LLC, an Oregon limited liability company ASSIGNEE: KeyBank DATED: November 10, 2003 RECORDED: November 18, 2003 RECORDING NUMBER: 20031118002944 DEED OF TRUST, ASSIGNMENT OF RENTS, SECURITY AGREEMENT AND FIXTURE FILING AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: TRUSTEE: BENEFICIARY: LOAN NO.: AMOUNT: DATED: RECORDED: RECORDING NO. The Lanphere Ogligated Group First American Title KeyBank Not Disclosed Not Disclosed May 1, 2007 January 22, 2008 20080122001099 Includes other property. SAID DEED OF TRUST HAS BEEN MODIFIED BY INSTRUMENT: DATED: May 14, 2008 RECORDED: December 1, 2008 RECORDING NUMBER: 20081201001225 ASSIGNMENT OF First American Title GIVEN FOR SECURITY, AND THE TERMS AND CONDITIONS THEREOF: ASSIGNOR: ASSIGNEE: DATED: RECORDED: RECORDING NUMBER: Includes other property. The Lanphere Obligated Group KeyBank National Association May 1, 2007 January 22, 2008 20080122001100 ASSIGNMENT OF RENTS AND THE TERMS AND CONDITIONS THEREOF: ASSIGNOR: ASSIGNEE: DATED: RECORDED: RECORDING NUMBER: Lanphere Properties, LLC KeyBank May 12, 2008 October 27, 2008 20081027000639 10. DEED OF TRUST, AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: Lanphere Properties, LLC, an Oregon limited liability company TRUSTEE: First American National Commercial Services BENEFICIARY: OR-KPB Gresham Mall LOAN NO.: Not Disclosed AMOUNT: $5,665,878.00 DATED: April 18, 2008 RECORDED: October 27, 2008 RECORDING NO.: 20081027000640 Note: This Deed of Trust contains line of credit privileges. If the current balance owing on said obligation is to be paid in full in the forthcoming transaction, confirmation should be made that the beneficiary will issue a proper request for full reconveyance. SCHEDULE B (Continued) 11. DEED OF TRUST, AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: Lanphere Properties, LLC, an Oregon limited liability company TRUSTEE: Commonwealth Land Title Insurance Company BENEFICIARY: KeyBank National Association LOAN NO.: Not Disclosed AMOUNT: $7,000,000.00 DATED: May 12, 2008 RECORDED: October 27, 2008 RECORDING NO.: 20081027000641 12. Covenants, conditions, restrictions, easements, notes, dedications and setbacks, if any, set forth in or delineated on the plat of Burlington Northern Orilla Industrial Park of Renton, Division 1, recorded in Volume 108 of Plats, pages 12 and 13 under Recording Number 7809250902. Said plat has been modified by releases of easements and restrictions recorded under Recording Numbers 9206230604, 9206302692, 9206302694, 9206302695 and 9207150861. 13. Covenants, conditions, restrictions, easements, notes, dedications and setbacks, if any, set forth in or delineated on the plat of Burlington Northern, a Binding Site Plan recorded in Volume 161 of Plats, pages 8 through 11 under Recording Number 9206302696. 14. COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS CONTAINED IN LOT LINE ADJUSTMENT, COPY ATTACHED: RECORDED: November 29, 1995 RECORDING NUMBER: 9511299006 15. AN EASEMENT AFFECTING A PORTION OF SAID PREMISES FOR THE PURPOSES STATED THEREIN: IN FAVOR OF: Burlington Northern Railroad Company, a Delaware corporation FOR: Railroad DISCLOSED BY INSTRUMENT RECORDED: October 21, 1981 RECORDING NUMBER: 8110210541 AFFECTS: Railroad rights of way delineated on the plat of Burlington Northern Orilla Industrial Park of Renton, Division 1 Said easement has been released as to portions of said premises and other property by instruments recorded under Recording Numbers 9203200273 and 9206302695. 16. AN EASEMENT AFFECTING A PORTION OF SAID PREMISES FOR THE PURPOSES STATED THEREIN: IN FAVOR OF: City of Renton FOR: Public utilities DISCLOSED BY INSTRUMENT RECORDED: November 20, 1995 RECORDING NUMBER: 9511200895 AFFECTS: Strip of land 15 feet in width described in said instrument NOTE: Said easement is also delineated and/or dedicated on the face of the Lot Line Adjustment recorded under Recording Number 9511299006. SCHEDULE B (Continued) 17. AN EASEMENT AFFECTING A PORTION OF SAID PREMISES FOR THE PURPOSES STATED THEREIN: IN FAVOR OF: City of Renton FOR: Access, ingress and egress to inspect the wetlands area DISCLOSED BY INSTRUMENT RECORDED: November 20, 1995 RECORDING NUMBER: 9511200895 AFFECTS: Driveways and roadways 18. AN EASEMENT AFFECTING A PORTION OF SAID PREMISES FOR THE PURPOSES STATED THEREIN: IN FAVOR OF: City of Renton, a municipal corporation FOR: Public utilities DISCLOSED BY INSTRUMENT RECORDED: November 14, 1997 RECORDING NUMBER: 9711140163 AFFECTS: A strip of land 15 feet in width as described in said instrument 19. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS AND GRANT OF EASEMENTS AND QUIT CLAIM OF CERTAIN PARKING EASEMENTS: BY AND BETWEEN: HCWA Realty Corp., a Washington corporation AND: Eastgate Theatre, Inc., an Oregon corporation RECORDED: February 8, 1996 RECORDING NUMBER: 9602081398 20. COVENANTS AND RESTRICTIONS CONTAINED IN DECLARATION OF PROTECTIVE RESTRICTIONS AND EASEMENTS AND ASSESSMENTS, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW: RECORDED: June 30, 1992 RECORDING NUMBER: 9206302702 AMENDMENT AND/OR MODIFICATION OF SAID RESTRICTIONS, AS HERETO ATTACHED: RECORDED: February 8, 1996 RECORDING NUMBER: 9602081399 21. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: November 20, 1995 RECORDING NUMBER: 9511200897 PURPOSE: Building location Includes other property. SCHEDULE B (Continued) 22. AN EASEMENT AFFECTING A PORTION OF SAID PREMISES FOR THE PURPOSES STATED THEREIN: IN FAVOR OF: Puget Sound Energy, Inc., a Washington corporation FOR: Utility systems for purposes of transmission, distribution and sale of electricity DISCLOSED BY INSTRUMENT RECORDED: June 2, 2008 RECORDING NUMBER: 20080602001935 AFFECTS: The centerline of grantees facilities as now constructed, to be constructed, extended or relocated lying within the above described parcel NOTES: H. Abbreviated Legal for purposes of King County Recorders Office is: Lt 2, Per City of Renton LLA# LUSA-94-157-LLA Rec # 9511299006, RV/RE/02/11 /2009 cc: Plumb Sign Company Plumb Sign Company Plat Certificate Schedule B Effective Date: 5/1/2008 Fidelity National Financial, Inc. Privacy Statement Fidelity National Financial, Inc. and its subsidiaries ("FNF") respect the privacy and security of your non-public personal information ("Personal Information") and protecting your Personal Information is one of our top priorities. This Privacy Statement explains FNF's privacy practices, including how we use the Personal Information we receive from you and from other specified sources, and to whom it may be disclosed. FNF follows the privacy practices described in this Privacy Statement and, depending on the business performed, FNF companies may share information as described herein. 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However FNF's current policy is to maintain customers' Personal Information for no less than your state's required record retention requirements for the purpose of handling future coverage claims. For Vour protection, all requests made under this section must be in writing and must include Vour notarized signature to establish your identity. Where permitted by law, we may charge a reasonable fee to cover the costs incurred in respond to such requests. Please send requests to: Chief Privacy Officer Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, FL 32204 Changes to this Privacy Statement This Privacy Statement may be amended from time to time consistent with applicable privacy laws. When we amend this Privacy Statement, we will post a notice of such changes on our website. The effective date of this Privacy Statement, as stated above, indicates the last time this Privacy Statement was revised or materially changed. 1 ✓d�Jf g sS 4" y9 ii5 tar.cs s` a d` � � &W. 34TR 8T 6 9 5 dl-Si-OY F 3pwn sr 0080 cow S! f.9d J[ ooso it tlll 15 3 111119! 0230 v it-S -] Y t11i 1p 5` I;p;ppr[ iey I! .S ICI — I: I{ ' LOT LOr e f LOT LOT 1 —— — — — — —— — — ———7----——————————-- — — — —— — — —— — �. -- Wf� PiEN 8P 378-78°y nosr sv / 700224900 � � ll,a �/ J4 � iiep14F i % �� ' IeleR 91 " DW r LOT s °° II w LOT 3 30, 0 tdd LOT7 Z NEN 3f •� v_s ae �Yste s T I T -- - rl _ g 4 d$ ow - -- .� ,---- ---- r sa-pi-r e ^ I ne --- ;w _ P N7 IN I L L Ux- l- ) 10 pvi xc4L55 L541.LIU Q� .J LOT Z LOT 8 1I � y pIME1 iv69eii I• fi ti 3E _ \ S.el J[ o j- LOT v am ' _i' pllL _9YI v.ryp - ----- --�� �6d Sl SSS11i SI +lI 9F[ YY 31.13.5 N.LOT 3 J5 126390 Al a L-as esoi's9or �L53� I I BURLINGTON NORTHER ra1tn I IA IND'L PARK 6 M�� "Fj3 1910 K RECORDING REQUESTED BY AND WHEN RECORDED RETURM TO' - Alston, Courtnage, MacAulay & Proctor 1000 Second Avenue, Suite 3900 Seattle, Washington 98104-1054 Attention: Robert C. MacAulay � V v RECIPROCAL SASMONT AGRESMSNT PITS COVENMITS, CORDITX0318 AND RESTRICTIONS BSTWEFA \� BCWA REALTY CORP. AND POWELL-ORIUTA ASSOCIATES � 0 � N a c� � o U � COI�D AT RLQ'3r� OF Fti Lit Ftd`ii RGR �{ v4sul?' CE CO. A AISA MERICA TI 3 E TRW • Y 320 105til AM ' Bclkme, L I f.--- _._.... .. ... ... ..._.._ RECIPROCAL EASEMENT AGREEMENT WITH COVENANTS, CONDITIONS AND RESTRICTIONS TABLE 29 29ELM-M Pane RECITALS . . . . . . . . . . . . . . . . . . . . A. TJC Propel:itV . . . . . . . . . . . . . . . . . . . . B. Fove.11 Property . . . . . . . . . . . . . . . . . . C. Shopping Center . . . . . . . . . . . . . . . . . . D. Mer 7. ARTICLE I - DEFIRITIO$ OF EXCLUSIVE BUILDING AREA AND COMMON AM . . . . . . . . . . . . . . . 1.1 Exclusive Building. Axon . . . . . . . . . . 2 1.2 Common Area . . . . . . . . . . . . . . . . . . . . 2 1.3 ggnverslgM_"__. . . . . . . . . . . . 2 ARTICLE 2 - UBE 2 2.1 Prohibit i : : : : : 2 2.2 ]=§r Res&XiQtia-n* . . . . . . . . 3 2.3 Permitted Uses . . . . . . . . . . . . . . . 3 ARTICLE 3 - BUILDINGS . . . . . . . . . . . . . . . . . . . . 4 3.1 iioq-dti . . . . . . . . . . . . . . 4 O 3.2 Fire Protection 5 3.3 homageor DestlUctiS03 . . . . . . . . . . . . . . . 5 ARTICLE 4 - COMMON AREA 1753 . . . . . . . . . . . . . . . . . 5 4.1 ,Grant of EasOlfttft 4.2 kae . . . . . . . . . . . 4.3 Access (a) (b) StacFiilg for Construction 6 4.4 Limitations onUse. . . . . . . . 6 (a) customers 6 (b) XMployees 7 (c) Genoral 7 (a) No Use Fee 7 4.5 Utility and SerMiCe Easp;e�t; 7 4.6 Sign 7 4.7 q . . . . . . . . . . . . . . . ARTICLE S - COMMON ARIA DEVELOPMENT . . . . . . . . . . . . . 5.1 Development Timing . . . . . . . . . . . . . . . . mm H ARTICLE 6 - COKKON AREA MAINTENANCE . . . . . . . . . . . . . 9 6.1 MailZenance Standards 9 6.2 Maintenance by Ag2nt 10 ARTICLE 7 - INDDWIFICATIOH, IM$URANCE . . . . . . . . . . . 30 7.1 Owneris Tndemnifi,atian • 10 7.2 Ir#$y anae . 10 ARTICLE 8 - REALTY TASES AND A91099HENTS 11 a.1 Real_Eetate Taxes and Assessmelft s . . . . . . . . . 11 ARTICLE 9 - EMINENT DOMAIN . . . . . . . . . . . . . . 11 9.1 gwoerle Eight t . . . . . . . . . . . . . . 11 9.2 Col 4&rra,l-Claims . . . . . . . . . . . . . . . it 9.3 Restoration of _CQnman-Argas . . . . . . . . . • . . 12 ARTICLE 10 - CANCELLATION, MODIFICATION, DURATION . . . . . . 12 10.1 Cance3latian or Modification . . . . . . . . . . . 12 10.2 Dural ig . . . . . . . . . . . . . . . . . . . . . 12 ARTICLE 11 - RELEASE FROH fiXAAILITY . . . . . . . . . . . . . 12 11.1 Release trim Liability . . . . . . . . . . . . . . 12 ARTICLE 12 - DEFAULT . . . . . . . . . . . . . . . . . . . . 12 12.1 pefault 12 12.2 R�ledies for Maul 12 12.3 AttornoXgl Feet . . 14 12.4 QovgrniDU XFav . . . . • . 14 ARTICLE 13 - NOTICES . . . . . . . . . . . . . . . . . . . . 14 13.1 Xotir.22 . . . . . . . . . . . . . . . . . . . . . . 14 ARTICLE 14 - LENDER PROTECTION . . . . . . . . . . . . . . . 15 14.1 Leveler Protection . . . . . . . . . . . . 15 GA p ARTICLE 15 - GENERAL PROVISIONS . . . . . . . . . . . . . . . 15 N 15.1 No Cavenant.to Operate 15 0� 15.2 Run ins of Benef is an Servitude!. RighF of Sucre stirs .. . . . 15 15.3 Kpt-a Pu61ig Dedication . . . . . . . . . . . . . 15 15.4 Document ._EXecutiolL -and _Chanae . . . . . . . . . . . 16 15.5 No jl2int V u . . . . . . . . . . . . . . . 16 15.6 Reasonableness of Con8ent . . . . . . . . . . . . . 16 15.7 Lot I . . . . . . . . . . . . . . . . . . . . . 16 15.8 Countelaarts . . . . . . . . . . . . . . . . . . . 16 15.9 HQ Consents . . . . . . . . . . . . . . . . . . . . 17 15.10 Wetland¢ . . . . . . . . . . . . . . . . . . . , . 17 15.11 lat 7 . . . . . . . . . . . . . . . . . . . . . . 17 175410s:6111192 516 NCVA•AGr.ml 13 N C O M W O 0� RECIPROCAi, EASEHENT_AflRLB-MU WITH COVENANTB, C=jTjqj§ AND NEHTRICTI4144 This Reciprocal Easement Agreement with Covenants, Conditions and Restrictions ("Agreement") is Made this 30th day of June, 1992, between HCWA Realty Corp., a Washington corporation ("HC") and Powell-orillia Associates, a Washington general partnership ("Powell"). RECIITALS: A. M Property. HC is the fee owner of Lots Z and 3 as legally described on Exhibit A to this Agreement ("HC Property") and as shown on the site plan attached hereto as £xhibi("Site Plan"). Such Lots may be referred to in this Agreement separately as "Lot 211 and "Lot 311. B. Powell Prapertt+. Powell is the fee owner of Lots 1, 4, 6 and 7 as legally described on Exhibit_ to this Agreement ("Powell Property") and as shown on the Site Plan attached hereto as Exhibit H. Such lots may be referred to in this Agreement separately as "Lot 1", "Lot A", "Lot 4" and "Lot 711. The reference in this Agreement to any "lot" in the Shopping Center shall refer to each of Lots 1, 2, 3, 4, 6 and 7. C. Sh000inct�Inter. The HC Property and the Powell Property shall be referred to collectively as the "Shopping Center" in this Agreement. A. Owng . The term "Owners' as used herein shall mean and refer to each person or entity which holds fee title to any portion of the Shopping Center and any successor of such person or entity acquiring said fee title from such person or entity. The term "Owner", unless otherwise provided in this Agreement, shall not include any lender, trust deed beneficiary or mortgagee, nor any lessee, tenant or occupant of space in the Shopping center. E. Purpose. HC and Powell desire that the HC Property and the Powell Property be developed subject to the easements and the covenants, conditions and restrictions set forth in this Agreement. AaRESMEM In consideration that the following encumbrances shall be binding upon the parties hereto and shall attach to and run with the HC Property and the Powell property, and shall be for the benefit of and shall be limitations upon all future owners of the HC Property and the Powell Property and that all easements herein set forth shall be appurtenant to the dominant estates, and in consideration of the promises, covenants, conditions, restrictions, 1756/DDS=6/17)92;DW516 _1_ HNA•Aar.mi easements and encumbrances contained herein, KC and Powell do hereby agree as follows: TERMS ARTICLE i - D8FrKTI0H 0$ EICLUSIVE ROX MIND AREA AND COHHON AREA 1.1 Exclusi�re Building Area. "Exclusive Building Area's as used herein shall moan those portions of the He Property and the Powell Property devoted from time to time to building improvements (including canopies, roof overhangs, supports and other outward extensions not exceeding twelve (12) feet in depth), as the same may change from time to time as provided in this Agreement. "Building Service Areas" as used herein shall mean truck docks, compactor pads, utilities pads, pallet storage areas and receiving areas and similar service areas and facilities constructed solely for the use of the building located Within the Exclusive Building Area. 1.2 Common Area. "Common Area" shall be all of the Shopping center except the Exclusive Building Area, Building Service Areas, and outdoor sales areas (as described and permitted .in Section 4.7 of this Agreement) as the same may change from time to time as provided in this Agreement. E, 1.3 Conversion to Comman Area. Subject to the rights of owners under this Agreement, those portions of the Exclusive Building Area and Building Service Areas on the HC Property and the Powell M Property which are not from time to time used or cannot under the (G terms of this Agreement be used for buildings shall become part of G the common Area for the uses permitted hereunder. An area C2 converted to Common Area may be converted back to Exclusive Building Area by its development as Exclusive Building Area, if, at the time of conversion back to Exclusive Building Area, it does not violate any of the terms of this Agreement. ARTICLE 2 - USE 2.1 Prohibited UsIs. The owners recognize their respective customers, need for adequate parking facilities in close proximity to their premises and the importance of protecting such parkin facilities against unreasonable or undue encroachment which is likely to result from long term parking by patrons or employees of certain types of business establishments. As a consequence thereof, the owners covenant and agree that no part of the Powell Property shall be devoted to the use or operation of a mortuary, theater, carnival, bowling alley, skating rink, amusement center, electronic or mechanical games arcade, pool or billiard hall, batting parlor, bingo parlor or health club, and no part of the shopping Center shall be devoted to the use or operation of a -2- 1754/005_d/17/92:DH516 KCWA•Agr.rw1 pornographic shop, adult book store, nightclub, or dance hall, or a tavern, cocktail lounge or any facility for the on -premises consumption of alcoholic beverages except as an incidental part of the operation of a restaurant or other food -related establishment. Each Owner agrees to maintain on its own property parking of five stalls for each 1,000 square feet of Floor Area on such Owner's property, or the number of parking spaces required by applicable law, whichever is greater. "Floor Area" as used herein shall mean the total number of square feet of floor area in the building, except that Floor Area of outside sales areas and of mezzanines and basements not open to customers and incidental to ground floor retail operations shall not be counted. The Floor Area of any building stall be measured from the outside face of all exterior walls and the center line of party or common walls. During any period of rebuilding, repairing, replacement or reconstruction of a building, the floor Area of that building shall be deeued to be the same as existed immediately prior to that period. 2.2 Further Restrictions. Except for the HC Property, no building of any size on Lot lr and no building on Lots 4, 6 and 7 which has less than twenty thousand (20,000) square feet of Floor Area, or any portion of a building which has been segregated for a particular user and which contains less than twenty thousand (20,000) square feet of Floor Area, shall be used for the purpose of selling home improvement items, including without limitation lumber, hardware items, decor, fashion electrics, fashion plumbing, floor coverings, millwork, window coverings, plumbing supplies, electrical supplies, Paint, wallpaper, siding, coiling fans, gardening supplies and patio furniture.- provided that the restrictions in this Section 2.2 shall not apply to sales of such items where such sales are incidental to other nonprohibited uses and the gross receipts to the user from such prohibited uses, individually or in the aggregate, do not exceed ten percent (lot) of the total gross receipts for all sales by such user on an annual basis. Each user's sales shall be calculated separately. Notwithstanding the foregoing, the restrictions in this Section 2.2 shall not apply to (a) the following users; Best, Smith's Home Furnishings; Xrause Is, Office Club; office Depot; Petsmart; Pacific Linen; circuit city; Future shop; Magnolia Hi-Fi; Pier 1, or (b) to any other user which sells a product mix substantially similar to the product mix sold by any of the foregoing listed entities as of the date of this Agreement. 2.3 Permitted Uses. Subject to the terms of this Agreement, typical shopping center retail, office and service uses shall be permitted, including without limitation fast food restaurants (with drive -through windows) and banks or other financial institutions (with drive --through lanes) . -0 - ts<loas:a�stwz:ousaa nnu-AYr.nat ARTICLE 3 - BUILDINGS 3.1 1 aaAticn_. Notwithstanding the general depiction on the site Plan attached as Exhibit a of building areas on some of the lots in the Shopping Center, no owner shall have any restrictions under this Agreement on where a building may be located on an Qwnsr's property or where Common Area shall be, except for the following: i (a) Any building on Tat 7 may only be located within that portion of Lot 7 which is crosshatched and designated "Lct 7 Building Area" on the Site Plan attached as Exhibit B. (b) Any building on Lot 3 must be more than twenty (20) fact from the north property lines of Lots 4 and 6 and twenty (20) feet from the east property Line of Lot 4. (c) Any building on Lots 4 or 6 of the Powell Property must be at least twenty (20) feet from the north property lines of Lots 4 and 6 and twenty (20) feet from the east property line of Lot 4. (d) The first buildings constructed for long-term use on each of Lots 2 and 3 must be located substantially to the west of the north -south drive aisle line designated as "Initial Building Area,$ on the Site Plan attached as XMibit B. lic and Powell agree that after the first such buildings are so constructed, any G replacement buildings or expansion of existing buildings may be located anywhere on such Lots 2 and 3 so long as such buildings {u otherwise comply with any restrictions set forth in this Agreement. Cl)C(e) Any building on Lot 1 must be located on the Cnortherly half of Lot 1. (f) All improvements in the Shopping Center must comply with applicable governmental requirements. (g) The curb cuts and access areas on the north property lines of Lots 4 and 6 and the east property line of Lot 4 as drawn on the Site Plan attached as Exhibit cannot be relocated, 1 diminished or impaired. (h) No change can be made to the access driveway along i the north property line of Lot 2 or the access driveway between l Lots 4 and 6, all as drawn on the Site Plan attached as Exhibit 8. (i) HC shall at all times provide reasonable access from { the driveway marked as "Access Driveway" at the north of Lot 2 to 1 the access driveway between Lots 4 and 6 also marked "Access } Driveway" as shown on the Site Plan attached as Exhibit_B and generally in a north -south direction, provided such general north- -4- 1 4/poi:W 17/9t:04S16 x4w-xyr.ncl r: south access may be reasonably located upon any portion of the HC Property. 3.2 Fire__ Protection. Any building constructed on the shopping center with a grass building area, including mezzanines and basements, of twenty thousand square feet (20,000) or more, must be constructed with an automatic sprinkler system for fire protection. All other buildings in the Shopping Center must be constructed, j maintained and used in a banner which will preserve the sprinklered insurance rate obtained on any building required to have an automatic sprinkler system. i 3.3 Damage or DestructIn the event of any damage to or destruction of any building in the Shopping Center, the owner of the parcel upon which such building is located, at its election, at its sole cost and risk and with all due diligence, shall either (i) restore or replace: such building, subject to the provisions of this Agreement, or (ii) raze and remove all, parts of said damaged or destroyed building then remaining and the debris resulting therefrom and otherwise clean and restore the Exclusive Building j Area affected by such casualty to a level and clean condition; 1 provided that all parking and access on such parcel shall be restored to its pro -casualty condition. ARTICLE 4 - COMMON AREA USE 0 4.1 Gent of Easements. Each Owner, as grantor, hereby grants solely to the other Owners only for the benefit of said other owners and their respective tenants, and such owners' and tenants' customers, invitees and employees, a nonexclusive easement for M roadways, walkways, ingress and egress, access, the parking of 0 motor vehicles and use of facilities installed for the comfort and convenience of customers, invitees and employees on the Common Area of the HC Property and the Powell Property, as more particularly located and described or, the attached Site Plan, as the same may change from time to time. The foregoing grant of easement is not effective as to any lot which is part of the Shopping Cantor until construction is commenced on such lot. 4.2 use. Subject to existing easements of record and the terms of this Agreement, the common Area shall be used for roadways, walkways, ingress and egress, access, parking of motor vehicles, loading and unloading of commercial and other delivery vehicles, for driveway purposes, and for the comfort and convenience of customers, invitees and employees of all businesses and occupants of the buildings constructed on the Exclusive Building Area. No long-term parking, park -and -ride, or storage of motor vehicles is permitted. ., 5- 17i4/OOS:bJ77/9z-�516 HCVA•A;�.nai � 4.3 AcQ859. (a) No Farrie . No wails, fences, or barriers of any, kind shall be constructed or maintained on the Common Area, or any portion thereof, by any party which shall prevent or impair the use or exercise of any of the easements granted herein, or the free access and movement, including without limitation, pedestrian and vehicular traffic between the HC Property and the Powell Property; provided, however, reasonable traffic controls, as may be necessary to guide and control the orderly flow of traffic, may be installed so long as access driveways to the parking areas in the common Area are not closed or blocked. The only exception to this provision shall be (i) for changes to the Exclusive Building Area and Common Area permitted by this Agreement, and (ii) for incidental encroach- ments by an Owner upon the Common Area of an Owner Is property, or as provided in this Agreement, which nay occur as a result of the use of the ladders, scaffolding, storefront barricades and similar facilities resulting in temporary obstruction of the Common Area, all of which are permitted hereunder so long as their use is kept within reasonable requirements of construction work being expeditiously pursued by an owner on its property, or as provided in this Agreement. (b) Stmaina for Construction. Powell agrees that HC may N temporarily use Lot 1 for HC's staging during the initial 0 construction of the building an Lot 2. HC agrees that Powell may N temporarily use that portion of Lot a to the east of Lot 4 as G0 crosshatched and designated as "Powell Staging Area" on the Site Plan attached as F� ih bit a during the initial construction of the COJtD building on Lot 4 and the building on Lot 6. He may relocate the staging area for Lots 4 or 6 of the Powell Property to a reasonable alternate location so long as such staging area is of substantially Q? the same size and is not significantly more inconvenient to Powell than where the staging area was previously located. Any party using a staging area (i) shall not obstruct any access lanes on the Common Areal (ii) shall keep the staging area in a neat and clean condition during its use. (iii) shall leave the staging area in a neat and clean condition at the end of its use; (iv) shall use the staging area only for the minimum amount of time necessary for construction; and (v) shall quit claim to the other party the benefitted party's rights under this Section 4.3(b) 'When the construction is completed on the property for which the staging area is provided. 4.4 Liaktations On (a) Customer. customers and invitees shall not be permitted to park on the Common Area except while shopping or transacting business in the Shopping Center. -6- 175G/n0ii8/17/921C 5% HNA•Aor,ml 1 a 0 1 (b) Emnlovees. Employees shall not be permitted to park on the Common Area, except in the Common Area on an owner's property where the Owner has designated such as „employee parking". The Owners from time to time may mutually designate and approve "employee parking areas", however, if they do not, each Owner may formally or informally designate "employee parking areas" on its own parcel for use by such Owner's employees or the employees of such owner's tenants. Notwithstanding the foregoing, no employee parking for the HC Property shall be permitted in the area which represents generally the row of parking immediately adjacent to the north property lines of Lots 4 and 6 or in the area which repre- sents generally the first four spaces of the six rows of parking immediately adjacent to the east property line of Lot 4, all crosshatched and designated as "No He Employee Parking" on the Site Plan attached as Exhibit B. (c) 09nerab- All of the uses permitted within the Common Area shall be used with reason and judgment so as not to interfere with the primary purpose of the Common Area which is to provide for parking for the customers, invitees and employees of those businesses conducted within the Exclusive Building Area and for the servicing and supplying of such businesses. Public telephones are permitted within the Common Area. (d) FR Use Pee,. Persons using the common Area in accordance with this Agreement shall not be charged any fee for such use (�2 without the written consent of the owners unless such fee shall be ordered by a governmental authority. If a governmental authority imposes a surcharge or regulatory fee on customer or employee parking or based on the number of rklinq 0 Shopping Center or any other similar fee aor charge spaces then the Owners by mutual agreement shall use their best efforts to institute a O�{ uniform fen collection parking system for the Shopping Center. N p� 4.5 Mtllit�y anj Sgrvire raggMats. The Owners shall cooperate in the granting of appropriate and proper easements for the installation, repair and replacement of storm drains, sewers, utilities and other proper services in the locations generally as set forth in the plans attached hereto as XXbitJt__Q necessary for the orderly development and operation of the Common Area and buildings to be erected upon the Exclusive Building Area. The Owners will use their best efforts to cause the installation of such utility and service lines prior to any paving of the Common Area. Any Owner may relocate, at such Owner's sole cost and expense, such utility and service lines so long as there is minimal interruption in service to any other property in the shopping Center and there is the same or better utility service to the other property in the Shopping Center after the relocation. 4.6 signs. Except for directional signs for guidance upon the Common Area, no signs shall be located on the Common Area on the HC Property or the Howell Property except signs advertising businesses -7- 1T54/OUS:6/17/42:OK16 KVA•Agr.ne% Q a a conducted thereon. Ho signs shall obstruct the access, ingress and egress points shown on the Site Plan, as the same may be changed from time to time only in accordance with the terms of this Agreement. All signs shall comply with any governmental regula- tions. Any pylon sign on the shopping Center must be of a quality comparable to pylon signs typically used by national retail tenants. One sign may be located on each of Lots 2 and 3 in the locations designated on the attached Site Plan, as the sign locations may be changed from time to time by the owner, of the lot upon which such sign is located. The Owner of the HC Property shall be responsible for the cost and maintenance of any sign on the HC Property. Tots 1, 4 and 6 may each have a sign in the locations designated on the Site Plan attached as Exhibit 8, as the sign locations may be changed from time to time by the Owner of the lot upon which such sign is located, and the Owner of the property upon which the sign is located shall be responsible for the cost and maintenance of such sign. One sign may be located on Lot 7 in the location designated on the attached Site Plan, which sign shall be constructed by HC. Such sign shall be divided into three equal blocks, one on top of the other. Powell agrees that He may designate the users for the top two blocks of the sign (which users must have businesses conducted on Lots 2 or 3). Powell may designate the user for the bottom block of the sign, which user must be a business conducted on Lot 7. HC shall pay two-thirds of the construction cost and maintenance for such sign on Lot 7. Powell shall pax one-third of the construction cost and maintenance of such sign. A party Is share of the construction cost for the sign shall not be due, and such party'& obligation to pay maintenance costs for the sign shall not commence until that party actually uses the allocated space on the sign. Except for HC's use of the sign on Lot 7 as described in this Section 4.61 no owner of any of the lots in the Shopping Center shall have the right to use any sign on any other lot in the Shopping Center, except with the consent of the Owner of such other lot, which consent may be withheld in such Owner's sole discretion. 4.7 outside Merchandising. Except as provided in this Agreement, the selling, displaying or merchandising of goods shall not be conducted upon the Common Area. Each Owner or Owner's tenants may use the sidewalk immediately adjacent to the Exclusive Building Area on such owner's property to the extent allowed by law for the placement of shopping carts and for the display of merchandise being sold from the building on such property and for the sale of food and nonalcoholic beverages from outdoor vending carts, 17y;/pp5:6117/42zDYS16 MQ61•Apr.�s1 0 0 provided the pedestrian use of the sidewalk shall not be unreasonably impeded by any such use. Notwithstanding the foregoing and so long as not prohibited by applicable law, any owner shall have the right to conduct occasional sales or may sell Christmas trees within the Common Area located Upon such Owner's parcel, provided that such activities shall not be conducted within fifty (so) feet of the property line of any property owned by any owner Without the consent of such Owner, which consent may be withheld in such owners sole discretion, and such activities shall not interfere with the ingress and egress and traffic flow/drive areas of the Common Area as the same may change from time to time. ARTICLE 5 - COMMON AM pEFELOPHBNT 5.1 oevelonment Timincg. When any building is constructed on a parcel, the Common Area on that parcel shall be developed at the expense of the owner of said parcel. ARTICLE 6 - COMMON AREA MAINTENANCE 6.1 Maintenance Standards. Following completion of the Common F.rea improvements on an owner's property, that owner, at its sole cost and expense, shall maintain the Common Area on its parcel in first class condition and repair and in compliance with all applicable laws. Without limiting the generality of the foregoing, the maintenance shall include the following; (i) Maintaining and repairing the surfaces in a level, smooth and evenly covered condition with the type of surfacing material and striping originally installed or such substitute therefor as shall in all respects be equal in quality, use and durability; (ii) Removing all papers, debris, filth and refuse and washing or thoroughly sweeping the area to the extent reasonably necessary to keep the area in a neat, clean and orderly condition, and free of snow and ice; (iii) placing, keeping in repair and replacing any necessary appropriate directional signs, markers and lines; (iv) operating, keeping in repair and replacing when necessary, such artificial lighting facilities as shall be reasonably required; (v) Maintaining any perimeter walls in a good condition and state of repair; and (vi) Maintaining all landscaped areas and making such replacement of shrubs and other landscaping as is nscessary. 1754/pp5t W}T/92:C1lSS8 HL1U•HQr.nc1 I -_, 6.2 Haintenance by Agent. Subject to the revocable mutual agreement of the Owners, 8 third party may be appointed as an agent of the owners to maintain the Commotn Area in the manner as outlined in Section 6.1. Said third party may receive a fee for such agency which fee is mutually acceptable to the owners to cover supervision, management, accounting and similar services and which fee is to be allocated among the 0-aners based on their mutual # agreement. ERTICLE 7 - I WZ=FxCATIOH, YH90'RMCE 7.1 Owner's Indemnification. Each Owner ("Indemnifying owner") hereby agrees to defend, indemnity and hold harmless the other Owners and other Owners tenants from and against all demands, claims, causes of action or judgments, and all expenses and reasonable attorneys* fees incurred in investigating or resisting the same, for bodily injury to person, loss of life or damage to property (i) occurring on the Indemnifying owner's parcel, except to the extent caused by the negligence or willful a;t or omission in whole or in part of any other Owner or the tenants of such other Owner or the employees, contractors or agents of such other Owner or tenants, or (ii) occurring an another owner's parcel if caused by the negligence, willful act or omission of the Indemnifying owner or the tenants of the Indemnifying owner or the employees, contractors or agents of such Indemnifying owner or tenants. To the extent the Indemnifying owner is liable with another person or entity for any demand, claim, cause of action or judgment, the foregoing indemnity shall only apply to the Indemnifying Owner's, [� portion thereof. i 0 M 7.2 TDaUrance. Each Owner shall obtain and maintain comprehensive goneral liability insurance during the term of this Agreement. The E limits of liability of such insurance shall be not less than Two Million Dollars ($2,000,000.00) combined single limit coverage for injury to person, loss of life and damage to property arising out of any single occurrence. The dollar limit sat forth above shall be increased on the commencement of the sixth (6th) year after the date of this Agreement and at five (5) year intervals thereafter by agreement of the owners who shall mutually agree by using commercially reasonable litmus with reference to the limits of insurance for similar shopping centers in King County, Washington. He may self insure for its obligations under this Section 7.2 provided that it maintains a net worth of at least $75,000,000 at all times during such self-insurance and provides any other owner with satisfactory evidence of such net worth within ten (lo) calendar days of such Owner's written request therefor. UpCn request, each owner shall provide the other Owners with a copy of a certificate of insurance evidencing such insurance. All Owners shall name each other as additional insureds on their respective policies (including during any period of construction) and shall obtain contractual liability insurance for their indemnification -10- tzs«aas:a�tricx�ousta mnu-Amr.net obligations under this Agreement. No policies may be canceled without thirty (9o) days notice to the other Owners, subject to any lesser period of time or other agreement by applicable insurance companies. ARTICLE 8 - REALTY TA386 AND ASSZOGMENTs 8.1 Real EstgteTaxes and h5se5sk0ts-It is intended that all real estate taxes and assessments relating to any portion of the shopping Center or improvements thereon, or the ownership thereof, shall be paid prior to delinquency by the respective Owners thereof, including without limitation those taxes and assessments which are levied against that part of the Common Area owned by each Owner. In the event any Owner fails at any time to pay before delinquency its taxes or assessments on any portion of its parcel or parcels, and which may become a lien on any of the Common Area, then except while the validity thereof is being contested by judicial or administrative proceedings, any other owner may pay such taxes and/or assessments together with interest, penalties and cost, and in any such event the defaulting owner obligated to pay such taxes and/or assessments shall promptly reimburse such other Owner for all such taxes and/or assessments, interest, penalties, and cost and other charges and until such reimbursement has been made the G amount thereof shall constitute a lien and charge on the defaulting {� owner's parcel, subject and subordinate, however, to any bona fide N mortgage or deed of trust made in good faith and for value then 0 outstanding against said parcel. if allowed by the assessing Magency, assessments mey be paid in installments for the longest period permitted so long as no delinquency occurs. C} ARTICLE 9 - EMINENT DOMAIN 9.1 owner's Right to Award. Nothing herein shall be construed to give any owner any interest in any award or payments made to another owner in connection with any exercise of eminent domain or transfer in lieu thereof affecting said other Owner's parcel or construed to give the public or any government any rights in the Shopping Center. In the event of any exercise of eminent domain or transfer in lieu thereof of any part of the Common Area, the award attributable to the land and improvements of such portion of the Common Area shall be payable only to the owner in zee thereof and no claims thereon shall be made by the owners of any other portion of the Common Area. 9.2 Collateral Qlaims. All other owners of the Common Area may file collateral claims with the condemning authority for their losses which are separate and apart from the value of the land area and improvements taken from another owner. -11- 17541005:6/17/92:M76 N W-Agr.wl 9.3 BNjj_or to ian of Common Areas. The Owner of the Cee of each portion of the Common Area so condemned shall promptly repair and restore the remaining portion of the Common Area owned by it as nearly as practicable to the condition of the same immediately prior to such condemnation or transfer without contribution from any other owner. ARTICLE 10 - CABOELLATI41A* NOUIBICATION, DML%TION 10.1 gangellgr,ion p,p,Moylification. This Agreement may be cancelled or modified only by the written agreement of all owners of the Shopping Center, which cancellation or modification agreement shall be recorded in the office of the County Recorder of the county in which the shopping center is located. No owner shall unreasonably withhold or delay its consent to a proposed modification to this Agreement. Without speCifying other reasonable grounds for withholding consent, an Owner may withhold consent based on material adverse financial impacts to an Owner's parcel in the shopping Centex as a result of the requested modification. 10.2 puratiar.. Unless otherwise cancelled and terminated as i permitted herein, this Agreement shall continua for sixty (60) years from the date of this Agreement and shall be renewed for an ` unlimited number of successive terms of tan (10) years, unless all Cq owners agree otherwise, however, all the easements granted in this p Agreement shall continue in perpetuity. ARTICLE 11 - RELEASE FROM LIABILITY f V 11.1 $elease Cron Liability. Any person or entity acquiring fee or C leasehold title to any portion of the Shopping Center shall be bound•by this Agreement only as to the parcel or portion thereof acquired by such person or entity, such person or entity shall be bound by this Agreement only during the period such person or entity is the fee or leasehold owner of such parcel or portion thereof, except as to obligations, liabilities or responsibilities that accrue or are based on events which occur during said period. Although persons or entitles may be released under this eeetion, the easements, covenants and restrictions in this Agreement shall continue to be benefits and burdens upon the shopping center ; running with the land. f r ARTICLE 12 - DzFA17LT 12.1 DefaUlt. In the event of default or threatened default under this Agreement, only the Owners shall be entitled to institute proceedings for full and adequate relief from the consequences of said default. 12.2 R"!;dies fa au . If the Owner of any parcel, during the term of this Agreement defaults in the full, faithful and punctual -12- t754f005:4fiyl42:vu516 MCVA-8pr•nel a v, .. 0 performance of any obligation required hereunder and if upon the expiration of thirty (30) days after written notice from any other Owner stating with particularity the nature and extent of such default, the defaulting Owner has failed to cure such default, and if a diligent effort is not then being made to cure such default, then any other owner ("Performing Owner"), in addition to all other remedies it may have at law or in equity, shall have the right to perform such obligation of this Agreement on behalf of such defaulting owner and to be reimbursed by such defaulting owner within ten (10) business days of demand therefor for the cost thereof with interest at eighteen percent (16%) per annum on the maximum rate allowed by law. Any such claim for reimbursenent, together with interest as aforesaid, shall be a secured right and a lien shall attach and take effect upon recordation of a proper claim of lien by the claimant in the office of the County Recorder of the county in which the shopping Center is located. The claim of lien shall include the following: (1) the name of the claimant: (ii) a statement concerning the basis of the claim of the lien; (iii) the last known name and address of the Owner or reputed owner of the parcel against which the lien is claimed; (iv) a description of the property against which the lien is claimed; (v) a description of the work performed or payment made which has given rise to the claim of lien hereunder and a statement itemizing the amount thereof; and (vi) a statement that the lien is claileed pursuant to the provision of the Agreement reciting the date, book and page of the recordation bersof. The claim of lien shall be duly verified, acknowledged and contain a certificate that a copy thereof has been served upon the Owner against whom the lien is claimed, either by personal service or by mailing to the defaulting Owner as provided in Article 13. The lien so claimed shall attach from the date of recordation solely in the amount claimed thereby and it may be enforced by suit, or under power of sale (which power is hereby granted), judicial foreclosure or in any other manner allowed by law for the foreclosure of liens. A Performing Owner is hereby granted the right to enter upon the parcel of the defaulting owner for the limited purpose of curing a default as provided under this Agreement. Any exercise of the power of sale or foreclosure shall be conducted in accordance with the laws of the State of Washington applicable to the exercise of powers of sale in or foreclosures of mortgages and deeds of trust. If appropriate, a Performing Owner is hereby appointed the trustee for purposes of exercising such power of sale, with full right of substitution. Notwithstanding the foregoing, such liens shall be subordinate to any mortgage or deed of trust given in good faith and for value now or hereafter encumbering the property subjected to the lien, which mortgage or deed of trust was recorded prior to the recording of the lien, and any purchaser at any foreclosure or trustee's sale (as well as any grantee by deed in lieu of foreclosure or trustee's sale) under any first mortgage or deed of trust shall take free and clear from any such then existing lien, but otherwise subject to -1 ] - I M/00: B/17192 -.M1d KW-Aur.ml 1: !;ram n r� I the provisions of thin Agreement. The failure of the owner or owners of any of the parcels subject, to this Agreement to insist in any one or more cases upon the strict performance of any of the promises, covenants, conditions, restrictions or agreements herein, shall not be construed as a waiver or relinquishment for the future i breach of the provisions hereof. 12.3 Attornns.l. Egos. In the event that suit is brought for the enforcement of this Agreement or as a result of any alleged default hereunder, the prevailing party or parties to such suit shall bp - entitled to be paid reasonable attorneys fees and costs by the non -prevailing party or parties, including those on appeal and any Judgment or decree rendered shall include an award therefor. i 12.4 aw. This Agreement shall be governed and enforced by, and construed in accordance with the lags of the state of Washington. AR'PIME 13 - NOTICE$ 13.1 Natfq*a. Notices made by the owners pursuant hereto :may be served personally or via overnight courier or may be served by depositing the same in the United States mail, postage prepaid, certified mail, return -receipt requested, addressed as follows: If to Powell: Powell.-Orillia Associates 737 Market Street Kirkland, WA 98033 Attn: Peter W. Powell 1M With a copy to: Robert C. MacAulay Ca Alston, Courtnage, MacAulay A Proctor C 1000 Second Ave., Ste. 3900 Seattle, WA 98104 If to HC: c/o Waban Inc, 140 orangefair Mall, Suite 100 Fullerton, CA 92532 Attn: Vice President, Real Estate With a copy to: c/o Waban Inc. one Mercer Road Natick, MA 01760 Attn: Executive Vice President, Finance Notice shall be deemed given when served personally upon or delivered by overnight courier to a person of suitable age and discretion, or if mailed, three (3) days after deposited in the U.S. mail. _14- 175;/005:6/17/9210 616 1JC A-AOr.ra1 0 D The foregoing addresses may be changed by written notice given pursuant to the provisions of this Section. ARTICLE ld - LENDER PROTRCTION 14.1 bender Protection. This Agreement and the rights, privileges, covenants, agreements and easements hereunder with respect to each owner and all parcels, shall be superior and senior to any lien placed upon any parcel, including the lien of any mortgage or deed of trust. Notwithstanding the foregoing, no breach hereof shall defeat, render invalid, diminish or impair the lien of any mortgage or deed of trust made in good faith and for value, but all of the covenants and restrictions, easements and conditions and other provisions, terms and conditions contained in this Agreement shall be binding upon and effective against any person or entity (including any mortgagee or beneficiary under a deed of trust) who acquires title to any parcel or any portion thereof by foreclosure, trustee's sale, deed in lieu of foreclosure or otherwise. ARTICLE 15 - GENERAL PROVISIONS 15.1 N2 ca enant to operate, nothing either expressed or implied, contained in this Agreement shall obligate any owner or any owner's tenants to continuously operate any type of business on its parcel. (� 15.2 Buaning of Bonetis t s oE s ccesso s. The D easements, restrictions, benefits, and obligations hereunder shall i� create mutual benefits and burdens upon all the parcels of the (�! Shopping Center running with the land. This Agreement shall bind C3 and inure to the benefit of the parties hereto, their respective heirs, personal representatives, tenants, successors, and/or assigns. The singular number includes the plural and any gender 0 includes all other genders. 15.3 Kot a _-011r. Dedication. Nothing herein contained shall be deemed to be a gift or dedication of any portion of the Common Area to the general public or for the general public or for any public purposes whatsoever, it being the intention of the parties hereto that this Agreement shall be strictly limited to and for the purposes herein expressed. The right of the public or any person to make any use whatsoever of the Common Area or the parcels herein affected, or any portion thereof (other than any use expressly allowed by a written or recorded map, agreement, deed or dedication) is by permission, and subject to the control of the Owners. Notwithstanding any other provisions herein to the contrary, the Owners by mutual agreement may periodically restrict ingress and egress from the Common Area in order to prevent a prescriptive easement from arising by reason of continued public use. Any restriction on ingress and egress shall be limited to the minitlum period necessary to prevent the creation of a prescriptive �rscraas:ar►rrvz:aus�c HcvA.tiq,.,Mt r easement and shall occur at such a time as to have a minimum effect on the operation of the Shopping Center. 15.4 Document Execution and Chance. it is understood and agreed that, until this document is fully executed and delivered by the authorized corporate officers of the parties hereto, there is not and shall not be an agreement of any kind between the parties hereto upon which any commitment, undertaking or obligation can be founded. It is further agreed that, once this document is fully executed and delivered, it contains the entire agreement between the parties hereto and that, in executing it, the parties do not rely upon any statement, promise or representation not herein expressed and, except as permitted by Section 10.1 of this Agreement, this document, once executed and delivered, shall not be modified, changed or altered in any respect except by a written document executed and delivered in the same manner as required for this document. 15.5.No Joint venture. It is not intended by this Agreement to, and nothing contained in this Agreement shall, create any partnership, joint venture or other joint or equity type agreement between the Owners. 15.6 Reasonableness of ConaRa.Unless otherwise provided herein, whenever an Owner's agreement or approval is required under this Agreement, such owner shall not unreasonably withhold or delay such agreement or approval. 15.7 Lot 1. Powell intends to develop Lots 1 and 7 in the future, although there are no current plans for such development. Other than the terms of this Agreement, no owner may place any restrictions on the development of Lot 7. Powell agrees to not commence the processing of any governmental entitlements for construction on Lot 1 until the earlier of (a) that date upon which HC has commenced construction of improvements on Lots 2 and 3, or (b) that date which is two (2) years from the date of this Agreement. Prior to any development of Lot 1, Powell will be required to obtain applicable governmental approvals. Powellos development of Lot 1 shall ba subject to site plan approval by the owner of Lot 2, which approval will not be unreasonably withheld or delayed. In connection with any development on Lot 1, Powell agrees to not disrupt the traffic flow on Lot 2, not diminish any utility services provided to Lot 2 and not provide any off -site amenities to obtain approval for development on Lot 1. HC agrees that in connection with any development on Lot 1, Powell may make curb cuts directly opposite and to match the curb cuts on Lot 2 which are directly opposite the south border of Lot 1, as designated on the attached site Plan and as the same May change from time to time, all such work at Powell's sole cost and expense. 15.8 Counteroarts. This Agreement may be signed in any number of counterparts, all of which together shall constitute one document. 1754/005:6/11/92:0HS16 —1g— RSA•AEr.ne1 A I dft only the original counterpart signature and notary pages need be recorded with one cagy of this Agreement. 15.9 Fo. Consertits. Except as provided in this Agreement, development on any property covered by this Agreement is not subject to any consent from or to HC or Powell. All development will be subject to satisfaction of applicable lot coverage, density, parking and other zoning and land use requirements of any governmental authority with jurisdiction. 15.10 &&l_ ands. As part of the governmental approval for develop - went of the HC Property, the Owner of Lot 7 must provide and agrees €� to provide to the City of Renton one or more easements for wetlands r preservation of approximately 65 feat in width, or such greater :. area as required by the City of Renton for the development of the HC Property as such development is currently approved by the City of Renton. Powell understands that the legal description for the wetlands preservation easement is as currently set forth in attached Sxhihi P. Such easement will be recorded separately. !` All costs associated with the maintenance of the wetlands preservation area on Lot 7, except real property taxes, shall be paid by Lots 2 and 3. The wetlands easement area shall be maintained to a standard designated by HC. 15.11 Tot 7. Powell, as Owner of Lot 7, hereby convoys and quitclaims to the other owners in the shopping Center for the benefit of the Shopping Center a perpetual, non-exclusive easement for ingress and egress, and access over and across that portion of Lot 7 legally described in attached Exhibit E ("Driveway Easement Property"). The costs to maintain the Driveway Easement Property shall be shared prorata by all the property in the Shopping Center, provided that no lot is obligated to contribute to maintenance costs for the Driveway Easement Area until construction commences , on such lot, and then only for such lot's prorata share of mainte- nance costs thereafter. The prorata share shall be the percentage which the square footage of a lot upon which construction has ' comeneed bears to the total square footage of all lots in the shopping Center upon which construction has commenced, except Lot 7, which square footage shall be deemed to be 30,000, and Lot 1, for which the lot square footage shall be determined based .t on the buildable area of the lot, excluding property dedicated to wetlands preservation and similar to the method used by Powell to determine the buildable area for Lot 7. The following square footages for lot size shall be used for purposes of this section 15.10: Lot Square lot E00ta2e Lot 2 445,313 Lot 3 586,312 Lot 4 35,000 Lot 6 35,000 Lot 7 30,000 i -17- ]15;/pg5:8/17/42:oY516 i HC shall maintain the Driveway Easement Area to a standard as designated by HC in its reasonable discretion. If an Owner > obligated to pay a prorate share of such maintenance costs fails to do so within ton (10) b!lstness days of written demand therefor accompanied by substantiating invoicee, then interest on the unpaid amount shall bear interest at eighteen percent (181) per annum until paid and the other Owners shall have the rights and remedies provided in Section 12 of this Agreement. i i IN WITNESS WHEREOF, the parties hereto have executed this !' Agreement. 3 POWELL-MULLIA ASSOCIATES, a HCWA REALTY CORP., a Washington Washi ton an l part ership corporation 8 By !; o . Paws 1 G e Partner Its � r . 6'r Dy BY Peter W. Powell I{. General Partner Its sxgxBxTB f�2 A - Legal Description of HC Property O H - site Plan C - Legal Description of Powell Property D - Utility Plan i E - Driveway Basement Area F - Wetlands Preservation Easement Area ' 01 -1s- l75il��8/!T/42sGY51L - IILIIA•A9r.ro! i7 w� 9 STATE OF WASHINGTON } y e9. COMM OF on this day of , 1992, before me, a Notary Public in and for the State of Washington, duly commiasioned and sworn, personally appeared Lloyd W. Powell and Peter W. Powell, to me ]mown to be the general partners of PowoLL-ORILLIA ASSOCIATES, the partnership named in and which executed the foregoing instrument; and they acknowledged to me that they signed the same as the free and voluntary act and deed of said partnership for the uses and purposes therein mentioned. I certify that I know or have satisfactory evidence that the persons appearing before me and making this acknowledgment are the persons whose trae signatures appear an this document. WITHESS my hand and official seal the day and year in this certificate above written. ��.%9;� - 011111ri„" NOTARY PUBLIC in and for . to of a'`'"D WIVt ", Washington, residing .1 a" .�X expires. .l - grFbFVJ�► W 1754/M:6/ I7/92 zQ W516 -19- XLWA•Agr.noI HC shrxil maintain the Driveway Easement Area to a standard as designated by He in its reasonable discretion. If an Owner obligated to pay a prorate share of such maintenance costs fails to do so within ten (10) business days of written demand therefor accompanied by substantiating invoices, then interest on the unpaid amount shall bear interest at eighteen percent (18%) per annum until paid and the other Owners shall have the rights and remedies i provided in Section 12 of this Agreement. IN NITNEss WHEREOF, the parties hereto have executed this Agreement. pOWELL-ORILLIA ASSOCIATES, a HCWA REaLTY CO ., a Washington Washington general partnership corpor € BY By. [ Lloyd W. Powell E General Partner I re Hy g Peter W. Powell General Partner Its ER8IBIVI f A - Legal Description of KC Property 8 - site Plan c - Legal Description of Powell Property Cj D - utility Plan {� E - Driveway Easement Area Oj F - Wetlands Preservation Easement Area 1 Q^1 L4 -�18- t7541045:6/17J42:41r516 NNA-�lar.wl 0 M 3f"''--:0 STAT£ OF WASSMIRReN } 1 ss• COUNTY OF Cyr'_ } on this 2�C}M°� day of Jul'1-0-- , 1992, before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared John F. llv.r_and r to no known to be the .FIysi c6cr L a S "Oreet4v*W, of KCWA RFAM CORP., the corporationmed In and 1 which executed the foregoing instruments and they acknowledged to me that they signed the same as the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned. I certify that I know or have satisfactory evidence that the person© appearing before me and making this acknowledgment are the persona whose true signatures appear on this document. WITNESS my hand and official seal the day and year in this I certificate above written, 1� Hovm t PUBLIC in and for the State Hof �srr, residing at q,rr.,.,_lr.• My commission expires:, NOW1•AWIe—CYIdNe ' 1 or�woa� S (� M,1 G'.lYn EJ�Y1n1 Si'P 10,1775 i II 175i1J➢Si8117142:➢Vi16 KNA•APrawl i-ln tz w FM 0 0 Ilk HC shall maintain the Driveway Easement Area to a standard as designated by HC in its reasonable discretion. If an Owner obligated to pay a prorate share of such maintenance costs fails to do so within ten (10) business days of written demand therefor accompanied by substantiating invoices, then interest on the unpaid amount shall bear interest at eighteen percent (18%) per annum until paid and the other Owners shall have the rights and remedies provided in Section 12 of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. POWELL-ORILLIA ASSOCIATES, a HCWA REALTY CORP., a Washington Washington general partnership corporation By Hy Lloyd W. Powell General Partner Its HY HX -:4 Peter W. Powell /r General Partner Its VMft"M0MMM BxRIBIws A - Legal Description of HC Property B - Site Plan C - Legal Description of Powell Property �y D - Utility Plan O E - Driveway Easement Area N F - Wetlands Preservation Easement Area O ii U' cla 0 M 1756100.- 6/17192 L%516 -Is- i XL'W1•A9r.rol a> ti, Fi iJ a l r S�k;�E 4F 1�6iFiNGTo14 } Bs, COUM OP M-Ule� ) on this 2b'R1 day of , 1992, before me, a Notary !Public in and for the State Wa ington, duly commissioned and sworn, personally appea ad 6 >� , to me known to be the , respectively, of HCWA REAMcom , the corporation namad n and which executed the foregoing instrument; and they acknowledged to me that they signed the same as the free and voluntary act and, deed of said corporation for the uses and purposes therein mentioned. I certify that I know or have satisfactory evidence that the persons appearing before me and making this acknowledgment are the persons whose true signatures appear on this dccument. WITNF,SS my hand and official seal the day and year in this certificate above written. f NOTAR F[7FLIC in and 5r the State of r,d residing at y po ss on expires: MAAY T. SlATTERY 190mry F116fIC MyCommhWon Evoker Momh 13.1993 V —Z0— 1754rOQSSdrUMM51E $W-Agr.rn1 WMIBIT "A" LOTS 2 and 3, BURLINGTON NOUTUMN. A BINDING SITE FLAN, ACCORDING TO CITY OF NRNPON BIIOIIRC SITS PLAN RBCORDBD .IUNE__Ia _1992, IN VOLUM 1 OF PLATS, PACES 9- Il -- , AS KING CUUNTIC RKCDRDIHC N0. ° 94 Fm A 1 ti =3 S,I�r.34TH S T REE - ---'- - --w_ VA I j j • I.. li fjI j I C' 1r►MCI SOTE PLAN gA g �,®PLAN �I S.W. 41ST STREET SITE PLAN I �i L_, FI �I l mral 9 .1 1 law, 1�1T7— - a S.W.34TH STRE 2p pit MAISMS SEW DEW, IN A =_rs EYIIIEIT nCn Lots 1,4,6 and 7 BURLINGTON N4RTHM, A BINDING SITE PLAN, ACCOSDING TO CITY OF HE MN SINDINC SITE PLAN RECORDRD 7W 1 O ,1992, IH VUMM QR PLATS, PACES IT AS RING COMITY RSCORDNC NO.— l7n6.32 24A _ ti Ili t'. Milli! FMI RA V— r- PEE Ml wo V ............ M ... . . . . . . . mill H I.) cq a N cQ Q CD Q GUSH. ROED & HITCI-IINGS. INC, EXHIBIT E ACCESS EASEMENT DESCRIPTION THAT PORTION OF LOT 7 OF BURLINGTON NORTHERN, ACCORDING TO THE BINDING SITE PLAN THEREOF RECORDED IN VOLUME /(/- OF BINDING SITE PLANS, PAGES 2_ THROUGH _.[L^, RECORDS OF KING COUNTY, WASHINGTON, LYING WITHIN A STRIP OF LAND 30.00 FEET IN WIDTH, HAVING 15.00 FEET OF SUCH WIDTH ON EACH SIDE OF AN EASEMENT CEN- TERLINE DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 7; THENCE NORTH 01050'09" EAST 1131.00 FEET ALONG THE EAST LINE THEREOF TO THE 'TRUE POINT OF BEGINNING OF SAID EASEMENT CENTERLINE AND THE BEGGINNING OF A NON -TANGENT CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 120.00 FEET (A RADIAL LI14P THROUGH SAID BEGINNING BEARS SOUTH 00054135" NEST); THENCE ALONG SAID CENTERLINE THE FOLLOWING THREE COURSES: THENCE WESTERLY AND NORTHWESTERLY 109.33 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 52012109"; THENCE NORTH 3605311711 WEST 173.OB FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 120.00 FEET; THENCE NORTHWESTERLY AND WESTERLY 83.40 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 39*4911311 TO THE WESTERLY LINE OF SAID LOT 7 AND THE TERMINUS OF SAID EASEMENT CENTERLINE, AND FRO14 SAID TERMINUS SAID POINT OF BEGIN- NING BEARS SOUTH 49002154" EAST, 352:66 FEET DISTANT. TOGETHER WITH THAT PORTION OF SAID LOT 7 DESCRIBED AS FOLLOWS_ BEGINNING AT THE INTERSECTION OF THE NORTHERLY MARGIN OF THE STRIP DESCRIBED ABOVE AND SAID WESTERLY LINE OF LOT 7, SAID POINT OF BEGINNING BEING THE BEGINNING OF A CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 2043.79 FEET (A RADIAL LINE THROUGH SAID BEGINNING BEARS SOUTH 8390611811 EAST); THENCE NORTHERLY 25.95 FEET ALONG SAID CURVE AND WESTERLY LINE AS SHOWN ON SURVEY RECORDED 1N VOLUME 80 OF SURVEYS PAGE 156, RECORDS OF SAID KING COUNTY, THROUGH A CENTRAL ANGLE OF 0004312911; THENCE SOUTH 83649'47" EAST 8.80 FEET ALONG A LINE RADIAL TO THE PRECEDING CURVE TO THE UEGINNING OF A NON-TAUVENT CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 35.00 FEET (A RADIAL LINE THROUGH SAID BEGINNING BEARS NORTH 82650129" WEST); THENCE SOUTHERLY AND SOUTHEASTERLY 43.16 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 70039'02" TO SAID NORTHERLY MARGIN OF THE STRIP DESCRIBED ABOVE AND A POINT OF CUSP WITH A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 135.00 FEET (A RADIAL LINE THROUGH SAID POINT OF CUSP BEARS NORTH 26"30'29" EAST); THENCE WESTERLY 32.76 FEET ALONG SAID CURVE ANO NORTHERLY MARGIN THROUGH A CENTRAL ANGLE OF 13654'21" TO THE POINT OF BEGINNING; 112 m BUSH. HOED & HITCHINGS. INc. TOPEM.ER WITH THAT PORTION OF SAID LOT 7 DESCRIBED AS FOL- LOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHWESTERLY MARGIN OF THE STRIP DESCRIBED ABOVE AND SAID WESTERLY LINE OF LOT 7, SAID POINT OF BEGINNING BEING THE BEGINNING OF A CURVE CONCAVE TO THE SOUTH— WEST HAVING A RADIUS OF 105.00 FEET (A RADIAL LINE THROUGH SAID BEGINNING BEARS NORTH 14107'06" EAST); THENCE EASTERLY AND SOUTH— EASTERLY 71.46 FEET ALONG SAID CURVE AND SOUTHWESTERLY MARGIN THROUGH A CENTRAL ANGLE OF 38°59'37" TO A POINT OF TANGENCY ON SAID SOUTHWESTERLY MARGIN AND A POINT OF CUSP WITH A CURVE CON— CAVE TO THE SOUTHWEST HAVING A RADIUS OF 35.19 FEET (A RADIAI, LINE THROUGH SAID PDXNT OF CUSP SEARS NORTH 53°06'43" EAST); THENCE NORTHWESTERLY, WESTERLY, SOUTHWESTERLY AND SOUTHERLY 80.63 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE. OF 131alG0 32" TO THE EASTERLY PROLONGATION OF A RADIAL LINE TO SAID WESTERLY LINE OF LOT 7 WHICH BEARS SOUTH 80"46'54" EAST; THENCE NORTH 80046154" WEST 3.60 FEET TO SAID WESTERLY LINE OF LOT 7 AND THE BEGINNING OF A NON —TANGENT CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 2043.79 FEET; THENCE NORTHERLY 52.70.FEET ALONG SAID CURVE AND WESTERLY LINE 0 F LOT 7 AS SHOWN ON SURVEY RECORDED IN VOLUME 80 OF SURVEYS, PAGE 156, THROUGH A CENTRAL ANGLE OF 01029'39" TO THE POINT OF BEGINNING. CD THE SIDELINES OF THIS EASEMENT SHALL BE SO SHORTENED OR LENGTH- ENED $O AS TO TERMINATE IN SAID EAST LINE AND SAID WESTERLY LINE [12 OF LOT 7. SITUATE IN THE CITY OF RENTON, KING COUNTY, WASHINGTON THE PARCEL DESCRIBED ABOVE CONTAINS 12,372 SQUARE FEET (0.28 ACRES), MORE OR EESS. Gv'!4 2/2 POWELL DEVELOPMENT BURLINGTON NORTHERN ESP WILLIAM A. HICKOX, P.L.S. BRH JOB NO. 91407.08/SUR54B JUNE 23, 1992 REVISED JUNE 26, 1992 :Z". :7--1 M w OU5H, RQEO * H; 1-CHINQ5, INC. EXHIBIT F SOUTH WETLAND DESCRIPTION THAT PORTION OF LOT 7 OF BURLINGTON NORTHERN, ACCORDING TO THE BINDING SITE PLAN THEREOF RECORDED IN VOLUME __1f. OF BINDING SITE PLANS, PAGES F-// , RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS FQLLOW�S: BEGINNING AT THE CORNER COMMON TO SAID LOT 7 AND LOTS 2 AND 3 OF SAID BINDING SITE PLAN) THENCE NORTH 88009'51" WEST 75.00 FEET; THENCE SOUTH O10150109' WEST 383.62 FEET; THENCE SOUTH 5512615411 EAST 3,99 FEET TO SAID CAST LINE OF LOT 7; THENCE ALONG SAID EAST LINE THE FOLLOWING TWO COURSES! THENCE NORTH 28933151" EAST 159.29; THENCE NORTH 01950'09" EAST 243,51 FEET TO THE POINT OF BEGINNING. SITUATE IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. THE PARCEL DESCRIBED ABOVE CONTAINS 23,833 SQUARE FEET (0.55 ACRES), MORE OR TRESS. POWELL DEVELOPMENT BURLINGTON NORTHERN BSP WILLIAM A. HICHOX, P.L.S. �tA.lfj CUNE 2, 1992 .�� r�QF_ 91407.08/SUR54D Q 4b' i2al/raod RigJ7� o! HOY uj 14 ; iM1 rr P a. s. No Scale ° ., : 's.•y is 75.ob' `� JW r9B°a9'8J°iY a cn S 55 *2654+E 399• Yrlti�.�: SOUTH WETLAND' SKETCH POWELL DEVELOPME r BURLNGTON NORTHERN BINDING SITE PLAN PWARED BY. va3 CJEA�. BUSH, ROED & HITCHINGS, INC. CIVIL ENCINEEAS & LAND SURVEYORS sums. WA$MMQran 7:7.J,4 . jWN0.9140T06 B-9-92 CW WAN e I BUSH, ROED& HITCHINGS, INC. EXHIBIT F i NORTH WETLAND DESCRIPTION THAT PORTION OF LOT 7 OF BURLINGTON NORTHERN, ACCORDING TO THE BINDING SITE PLAN THEREOF RECORDED IN VOLUME [Z_ OF FUNDING SITE PLANS, PAGES S--/r , RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS, BEGINNING AT THE CORNER COMMON TO SAID LOT 7 AND LOTS 2 AND 3 OF SAID BINDING SITE PLAN; THENCE NORTH 88909'51" WEST 70.00 FEET; THENCE NORTH 01"50'09" EAST 472.81 FEET TO THE NORTF LINE OF SAIL) LOT 7; THENCE SOUTH 87150147" EAST 70.00 FEET ALONG SAID NORTH LINE TO THE EAST LINE OF SAID LOT 7, THENCE SOUTH Ol°50'09" WEST 472.42 FEET ALONG SAID EAST LINE TO THE POINT OF BEGINNING. SITUATE IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. THE PARCEL DESCRIBED ABOVE CONThINS 33,083 SQUARE FEET (0.76 ACRES), MORE OR LESS. POWELL DEVELOPMENT BURLINGTON NORTHERN BSP WILLIAM A. HICKOX, P.L.S. A. 7UNE 2, 1992 'ytit�W�C.F 91407.08/SUR54B Ar �6 • y r 1� cl, 70.W .40' LQ :Z) '4 Q, P. 0.13. AIM oyrd.w cla Lor:- NORTH WETLAND SKETCH Powal- Ix oP B(PLMTON NORTHM BPZM SITE PLAN No 5coic PFUPM BY: BUSH, ROED & HITCHINGS, INC. CLVIL ENGINEERS & LAND SURVEYORS SEATTLE. WASPAUTON Jag No. M407.00 6.8-92 CLC WAH N-) r4 M 0 FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT .,:T hiis Amendment is made and entered into by and among /HC Rqalt� Corp., a Washington corporation ("HCO), Powell- Q r -lia' "jsoqi@_,tes, a Washington general partnership ("Rowell"), maept -evhdatrdl. Ina. ,..ax Oregon corporation ("Eastgp—te"), Pater -,-V. Rbwe I ('!-P. we 11) and Lloyd W. Powell ("L. Romell"). 7 XTAL6 Hib-°'an4"'PoVel., Orevi-61isly -'�hays entered into a Reciprocal I Easement %Agrea*-,6nV- w!" -,,Covex4nt-r'h "ConditionB and Restrictions dated June -0, ". 1542 .,"andr recdi- 64 in the Of f ic ia I Records of King County, Washingt6n,., -,-`4nd.4r i9206302702 (the 11-Aareemgn Powell subsequently,*conveyi�d "Lot" ined im.- the Agreement) to P. Powell and L. Vlbweft W LA i 'iq eq4ii"�tQnants in common. Contemporanot this Amendment, tie Ion o ,o)-as y w1i'�h t Eastgate is acquiring .-idif itied Agreement as -modified by the t line adjustmeniE I -`;ni . entioiied in conjunction with that acquisit�jon'-,'�­" h -" I .1 t p Frart eg here . p (sxbq-.�y, an nownerP, a�d collectively, the `1�qyneg� 4.) c� iari_f .,and restate cart4in provisions of thd­Aqre6mqJn't .......... VEMENT Thq : I n consideration premx's4s and other refore, i of the, valuable 'Coniidamt ion, the sufficiency of whidh...,`i%'-:'har:'eby Ackn6W.1odgeA ,"the owners agree as follows (unledt..6thbrwise xndicated,;;�'all papitolized terms used herein shalj�".,kjve the same and & a , di zings.,A "' rig' attributed to them in the Agreement)'. 47 i. Xach, 6-f the Owners warrants and represents to the other Owners that ke Vdftanting Owner owns fee title to the portion of i-h qh6ppiix4 &nfei� listed below and that the warranting 0 at h4s pot ci&4ied,,a-4jrRumed, or acquiesced to any indebtedness secured JDY`::,lieng 6Acuxfib4ing the portion of the shopping center owr*d by ",tu(ih .6wn0i: -A L. Powell and owell, Lot I HC Eastgate Lot 3. Powell 4, .7 The owners also acknowledge and agree that the Mmon'-bounCULry., between Lot 2 and Lot 3 has been modified by reflected in Lot Line Adjustment Map recorded in the Official` , Records of King County, Washington, under Fee No. 951Ti99r>.-,. `b0 r1LED FOR }CORD' ATREQt FST OF:', I - FIRST AMENDMENT TO RECIPROCAL TRANSAMERICA= CQ, EASFMNT AGREEMENT kSWW1/0DM1z9M 320 109mr1i AVE. E P. U. BOX 1493 BEU.EVUE, WA 98009 2. The third sentence of Section 2.1 of the Agreement is:di$leted and the following substituted in lieu thereof: :.The owner of each Lot agrees to construct and ;maintain parking on its Lot to serve the :improvements erocted from time to time on „ sg� "Lot equal to the greater of ( i ) the :number "of parki'hg spaces required by `aplx11cablT,-law fit the time that building petm ts.; are ij ...-for the improvements to be c6eiru6d, ar : xz) } following ratio: J,�.` Lots' 2 3 4,:1-_4talls for each 1,000 "-^squde feet of Floor Area Lots 4' '-•..G & '� t s, StAU's., for agbtL 1, QQQ ` sgti are fees. of kloor Area Notwithstand'hig;;`tho foregosng --perk ng requirements, if any portion of Lot, 3 is- devefbp'i�d;'for..,,the purpose of CID::; operating a cinema,uch ,:portipin of ° ,ot 3 .s#tall be r� ':`served by parking stalls equal. to the :greater UD tiie number of parking''�stalls.-`requ re ;her; a�}pl� og le law with respect to theatre use,;;at..--` tiros thit_'bu�:lding perffiits are issued for the Im. tq#rexnerits t be" bon trusted, or (y) one (1) pa.rk�Lnci.....s-ta l l for : every .,.four (4) seats in the movie theatres erected,_an Lot 3; pr, vid d, however, that if applicAb''T'V law:=pa�rmits less intpfise parking for cinema use (i.e,;"<pn (1) parking tall is allowed to serve more than foue"... (4'} seats in a after January 1, 2006, then the parking within r Such pc t on,.•of•,•..Lat s that is used for the operation of a cin6ia �41 be reduced to the level permitted by appl-idab1''ar laW_sc ;along as such reduction in parking dies not" iat 'i*ll r Arid adversely of feat the parking with,;" or ",tee 0r-4 dotii 4..,.and 6. 3. Sect;i.on.,..:s �. (d=)~ is a e;pded; by adding the fallowing sentences thereto: Notwithstanding any hkhg t*." thq.., contrary contained herein;:, the_- owners ,acknowied"'e and agree that Lot 3 iWay." int Ude:- de)ieippment of up to three (3) outlet: -pads; (trie Lo 3:= Pads") , each containing ' Ito A, 4bd ;._square+ feet of Floor Area, and s-tfOh be situated anywhere within TAat, "3 As .,this Owner thereof may designate fibim time ;.tv:?tine so long as this same do not (i) eridr aoh iipori-.!... d` the building setback lines created Section 3.1(b) of the Agreement, and (1j) 1p west of the north -south line dividing portion of Lot 3 which is currently zoned 2 - F'XRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT tsvvwlroo92ilt03a98fAdhiillE3ap27.?R . . . . . . . . . . . . ........ commercial arterial from the portion zoned medium Industrial, such line being situated approximately 140 feet West of the West right-of-way line of EaSt Valley highway and coinciding with the eastern boundary of 'Lot 4; provided, however, that such east -west A:iAl: Ation regarding the location of the Lct 3 Pads (w) all not be applicable if Vtaqt§�Lta%i ip., -}7reqXude d from constructing a i­ 0:ito`-,"and....c.pening the save for bUsifiesr-;�:,and /Ishal 1,not apply to any Pad ly;jhg Oouth Of' a"'lin& �:Iipciding with the -:-',-northR-rlY1 brute ary `iqf 4. The Exclusive -'inq' a r --i;:`!'hall be deemed to includqigr' the L qt, ., 3.-.-s:, - One of the Lot 3 Pads curr4ntl.4 ii A*"pebted to be developed in 'itl'6n a po the 6f ;bt.,4t`3 thPies near the interoectiqi of.jO'�t 41s"t Stripet and .,- Southiw "he . if a East Val th- A, X46tea bit. t"� 3 VJ e and cinema is e ..."Lo - Y opened for busi,A-6 sA-,-Jth6n Eai agr.eq solely for the benefit bt.-:..the dwnir.,,-_,bf i,6t 4 'hqt to erect any Fa-4 prior to January i1p,,1949' other _iiia�i! such,'' imj�rovementq as may be 1 0 th.0 riecessary.1i us South Pad area for parking Oui �ov,.'nant of Eastgate is solely f-;.*Pr;--the�' berofit Of Lot 4 and -may be enf okqed only tho P of Lot 4. ...... ...... .,,by 4..:; ftetion 4.1 of the Agreement is her"V deleted and tho. f 0 1 IoW`i 9 6 tiiuted in lieu thereof., jLA_nt-.-'o -Eaggfigents. Subject to the pro4iolio of, 13, , each Owner, as granto:qe bY-.:,.g4ant§,..-to the other owners, for' --the ken fit M said other Owners and their reipegt ive tonazi�_s.:4�id such Owners' and - tenantst invitees .and employees, a 'kp-r .A nonexcluil-ve q.diqkW t6 use.. the purposes accgs�tai"aAd from the shopping center,"', thi`--foaowaiya ,gpd walkways situated in the tp= qn, area on any, .'bWar -'in. commonf facilities which iiihj( ecfed-.-�the Area for thegenera 8.;" of.:`, custolte �s of the.. Shopping center (such -r.shelters) , all as more pakticdlali' loi!daiited.- and described on the attached.., S-ite pl'an the same may change from time :tiffs: foregoing grants of easements are-_-Ln6t;:' .. ........ ... effective as to any Lot which is part'..0 -e Shopping Center until construction is commenced on such Lot. 3 w FIRST AMMMENT TO RECIPROCAL FASEKENT AGREEKENT OMWIM92SI103398f TAII effect of this amendment of Section 4.1 is to eliminate the crbss:-Parking easements formerly contained therein which created qjo.i�parking easements among all Lots in the Shopping Center. bhp Oii&iiLs acknowledge and agree that the parking areas contained .�'rfthin th4ir respective Lots shall be sufficient to service all parkincl npads,pf the improvementa to be constructed therein and ghat their cjp t:-.requ!r,.parking casements over the Lots of the 0 er rie. To"- giv/,8e r _t to the foregoing, each owner hereby Mr OWhers the parking easements which were .,,.qi1itolafim' i t ' 6`­�-he­ "by 96cf io� A. 1 dko ttL4u­,-Aqreexent. Each Owner agrees to created" 1 di" 'i 1'' i0ameuts..and to give such further exe6:L�yi Oudb Od litiona Ap % aesurancas 'as m4y. 1*6' r% .12 '"Oroperly document the `� agreement of 1,-fie ,0"wnir"g set'';f oit.4," herein from time to time. The owners agker,,..,ti& use their req.zonoia efforts to prevent their Ci respective tenants and dust"ft'i4r'sY and the customers of their respective frdin "' i " the ,pA king fi ilities serving another Lot A S. The seboAd and, -'--third sen-erxce:p of Section 4.3(b) of the Agreement are deie�ed.!`-'a ftid t'he`tql�wi g substituted in lieu thereof: -.7 !� .stgate agrees that Neil' use a portion of LQt tua+,ed," ..- 1q) of "Lot 4 (out of and a Part.?"of.- e are 'Oross-hatched and designated,:As :the' "Po w PA 1,; fit_�*inq aXga I on the Site Plan at-tao, red —0.1, .--ExhAbit E to the Agreement) dur! _.t .4. M. j),,e 'construction of the build ing...'.on-i- Zj6t -A a%idhe�uildjng on Lot 6, provided thit%; Bastga`te has not constructed or cozme�p d =tMe Oon6ltrxxction of building improvements on a.. 3 in the Powell Staging j4A Area 4. e' time "that Powell requests use of N �� .... .1 " a -. Ar -inj P I F at T Staq. a for the purposes permitted`'her"eini; itii the other Lot (Lot 4 J. or `40 as:::. the Ca".;May.be_).-.;:.?revious1y has been developerst6­the eria.ihat . t is not available to serve'a's a d . tag"9j areain `(efth of Lots 4 .-.. and 6 to the other Lot until t6ij ate the • portion of the Fbwefj"'5tgj:jig..,Area to -be used is no more than iQ,,.09D qquare"f 4 t in s1ze and is bounded on th-O.- west, iouih,04 e9st by the west, south and e2itt.-.1boiinda�rids ' 6f "' Powell Staging Area; (iv):;,# '�we 11-::bbta ifis` all permits required to be obtained .:frolh applicable governmental authdr-ktieial oW` it to use the designated staging OroA;: iarid`:!­ (v) Powell holds Eastgate harmless­.-Ir6m claims, causes of action and liabilitit'F's which may be asserted against Eastgate"'by Z reason of Powell's use of the staging area. 4 FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT 6. The fourth paragraph of section 4.6 is deleted and the ,;following substituted in lieu thereof: One sign may be located on Lot 7 in the :.location designated on the attached Site 'Plan. Such sign shall be divided into three .'ejua locks, one on top of the other. Any .0 5f the Lots 2, 3 or 7 initially may eladt. to qaAstr7qc -'t such sign at the sole ex -se.. of thqf"'Owper..,electing to initiate pep pia cqAruciapxx". T� P,, owners who do not "Altta.� struction of such sign .,(Pq� '.1 C a -ate, as the case may use one of the sign blocks -; `-to respective busirid�sqi by . raimbbra"ing.,the cons=X-ucting .� ' wner.:".orb-thirdof- i? ucting construction of eii4n. Th*4 colis Owner shall`of each sign block Witil sA I cli time a axe - owner entitled to use"a 'i'sign.1olock 1�61 cis contribute its one-thiid­.t-.harw of djonBtXUCti0n costs a use .:this.:thisi"bl.,ock l ailocated to it. If tco-wZeqts to...partialpote/ in `-the use of such sign, 11C,"� . "ll' be entitle4 h to Ose the top block of such' hdviirtise its business on Lot 2 ;el1q.Cts to participate in the use":of such' W4entitled siln,...then Eastgate shall be x the. .12 its stiiess 6n "'iddlo block to advertise bu 6at L if Powell elects to particlpAq i?."in Ah .,`e the sign, then Powell shall be q ht -m block of the sign I qd t' se. --the bottom to Ovextiao_ its businesses an Lot 7. The 0;m0`r9 pakr.tic,1.pAti0g-jn the use of the sign shall Yee .6blAclaied" to """ `hare in the cost of maihta-ini:ng.;,,`7the'ii';:g.� i.n prop ortion ..9portion to the number of sUp blodks.-'utilized by them. An Owner sha-11 have m *b1.Jgat1qn::.to pay any construction or"' ma intenice. 6oi�4,. with iii�h i ' " ';' such respect to qA uoless.. Owner elects to use 'the ipavce-on tho .-s-ign allocated to it. ijn6sa" - :)nay* be advertised on suc]�­S..,Aig7f'ot`her tharx..'-t-be businesses conducted an 40t%" 2,-.-,"' 3 :'and- 7...:!.` 7. Section 13.1 is amen ed by Hp.,:s addr--ess to: KomeBase, 3345 Michelson, Irvine, "Ca I i romli 9 2 vice President Real Estate; and adding t1i_ereto.::'6 s. -` 'a. ja address., 919 SW Taylor, Suite 900, .... 6 1.91--ib' ... ..... 8. 'Section 15.10 of the Agreement is aria the following substituted in lieu thereof: 5 FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT (SWWU0M511033981MANV634077.7) 15. io wetijansly. (a) 2aage-zeint grants. subject to the reservation set forth in section} 15-U (b), Powell hereby grants to HC 4 perpetual easement appurtenant to Lot 2 (the "HC MoMM nt o") over and across the portion of Lot 7 described in Exhij;it "All .:,att:actred hereto. subject to the reservation set forth in ffc6'ftjQn 1_5 I, Powell also -Anea aid..-q6nve)fs to Eastgate a perpetual ea. -` emnt' ap purg&h.,t aUt-o Lot 3 (the "gostgate Ai gog"'fit, ove�#-- a s a&os the portion of Lot aa, 7 "Sm zb 'd Iry PI't 11attached hereto. ..,Subi e0t to lt".f�!.reserU val- i set forth in .;. etgate hereby grants to Powell a pArpe-tua , j--,-,'-eAs0ent appurtenant to Lots 4r1'ana 6 J'thd K.owiill Eiagengmt1l)• over and across -the P0rti-1,'on-.--`of ;19t-l.`,descriji64, in E&11112it "C-- ..-�cv�d-.`hor'eto. '�-`The --#Ci Eastgate arid.. P6W9'*ll -1ii'6emWhts ii'6,�hers of the 11 Lots benef itted '1:thir4by-:.--` (Lots"2,�" 3..-., . 4,,.a [pd 6, :respectively) to pro4id4.-vatlai worm drainage and stgrm watei reitekton t.6 sews Lots 2, 3, 4 and'--:,;6 ieopeoiivSly with the recjuiieionts,df tha-Zit.,Y/ bf Renton and any other govd-raite6tal- Out4orities with jurisdiction over�tlad ;development and use of Lots 2 4 and J6. .:7'Th#' iliKovements which have been ekeifted Or erected by such grantees in, on„: arsei . ..... phdor t . he '2and encumbered by the Easements (the A aej"ejjr, Areas") may include (withoil-t I-AmAatiod) Pioavales, retention ponds, filtrakioi�..-gyste, storm sewers, storm dralbi, and sA-Aili-r facilities. The HC ik�semene -.4hall -Le -�4p.6-41-rtenant to and for the beiiefli 6f fot 2t"zind,sfial.1 run with title- to Lot 2, df *hetheT any subsequent instruments Oi --conveva ': nce obver incr Lot 2 specificall I ` , -y the U&Semo-nt .C'-'* therein. be appurtenant to and tdri t1fe.::benqf it '.bf Lot 3 and shall run with of whether any covering Lot 3 Spec i f1ca.1 1Y.:--`*id4htj'f iie s Eastgate. Easement. The ovi6l],` be appurtenant to and for*;+-he:'behefit; oaf Lots 4 and 6 and shall run Lots 4 and 6, regardless of whtthitr a,* y'ky . . ......... instrument of conveyance covering-Lot,-:4 ;br', Lot 6 specifically identifies the Obwbll` Easement. The respective grantees of `the Easements (the "gra ntgesll) shall be responsible for maintaining any drainage 6 FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT retention and other wetlands facilities constructed thereon to the standards designated by the City of Renton. The .grantors of the Easements (the "grantors") -may not undertake any use of the Easement _Ls which would Inhibit or interfere with 'tee ,ted to be undertaken thereon the The Grantors and subsequent own'46 Of -ge tktle to the land encumbered by bate asnts . .... be and remain liable for i3p6 payment al:�r p-'operty taxes levied a�4einsk the enC%1`mb`e`r`ed by the Easements; provlhed:,' h&4�ver, '`thk 'Any Owner benef itted by-1-an EiseLm6nt.-'mayl-lp;i"y..'�such taxes for the rl'i accouof' any-1, GiF. . aut or ..,*or its successors who fail to 014Y the j;a-d6. YPqwP_jl, HC and Eastgai-W­ agr'e'e k0-'exabute such ad onal documents acid t'0 t 'ji" �buch. f ithe surances as may be nec%ssary:�-t� pe6 opument the creation of tb---,�ap6il.ltate the development of T s 2, :1, 4 and contemplated t lated herein Easement ResgjMt;`1Q_ne:, the 1, r ic don of?,'.'th� base erq X jht to use the port gpt Areas i..., .11 `t a Q.Wners.,,o ait�ted in Lot 3 in' common W11 th. 9d 100". orm 04 Lot& 4 and 6 to provide watlandi.;.nAT" t" "' s 0 j';1ra;:1naqe and storm water retenti' 1"Itleo, to on -Ap i setivip_­Lat. 3 and any improvements whi&jhiLy be " cz-.9irucied an Lot 3 from time to times:PO.1well i,4ery�s the right to use the Easement Krt�os tupi+e4 i-h Lot 7, and the owners of Lots 2 and 3 Eihall 9kan't tWP-Owner of Lot 7 easements over and a i crqs t". -draina ga and wetlands facilities deT-b (the "Lot ? gasement. Akfatl) p-1j, a. ' fid E the "Lot 3 Easement A=lm-)' ao- hdiraina"Tt6r,proy-ided, all to be used in common with`,',.the rlrintiies,-"ti�6 provide wetlands mitigati6n, 01;8.:rm:drainage storm water retention `14011i'tiefV to~ servd I#ot.-..7, provided that the following coAdi-E - ions and covenants are satisfied in corioectl:6 tlieiewith: the proposed use of t1je,.:pseineiit.-.kr4as Situ �Lted in Lot 7 and the Lot 2 And? I,�t,i uise,Adnt Areas (collectively, the . rE2es�7onexntrea"jbLhd the wetlands and drainage fa I Co. s ted : there -in by Eastgate and HC rosip ec cV61 (collectively, the "Drainage It PI) ..must :.be approved by all governmental authdri; '.-;es havin4 jurisdiction over the Drainage FaA Dennis & Associates, Inc., or such other en4ingierd as are engaged by the Owner of Lot 7 ak;:,,a qpir.,P�fsd .:, b. by Eastgate. and HC (the "Viging2rs"), and' "'a asconc, civil engineering firm doing business in the:' 7 FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT (SWW11WMA03398"m'34027.7j:, Seattle metropolitan area (the "Second EnSiDeers") selected by the owners of Lots 2 and 3 and engaged at the expense of the Owner of Lot 7; (ii) the use --,-of the Drainage Facilities by the Owner of Lot 7 must be implemented in a fashion that will not Interfere with the ongoing use and operation of Facilities or reduce the capability of the Drainage "'­" il ties to serve Lots 2 and 3; Facilities to be used to serve "orti `1�1�-71",situated north of the 6n of D,r, ., 't '�,RV'Pro o'arty (the Eastgate or HC 'rivoway aser� D�l:.alinage'-pacil*tlemi--,.,,asp 16fie case may be) shall be deteriiirkid Y EUgAtoxers and the second thqj Vk-,afnage Facilities will not be usect ta." provid44storiu water retention and drainakie .. iervlce, to 1�he ,portion of'h:,Lot 7 situated south the..:." Dr Yv-Fw�ay.-.- EasementProjaAy ("South Lot 70) (-V�� no" u.ie ml'Ay" be--mad-p- ot;:Lbt 7 which involves th6--ma-`ndf adtti*re,,`-u" se pr,+elease of Hazardous Subgtaiiceii ihiinj;�b� operation of a gasoline service---lstailoA on 0 -:5asoline service eimlited 6h N ng.! ort p -1 11, -t. * bot 7) and customary Ilse of.:."cle fiing V-0 '`eats An4i` .1 - a m= ois U4... like in compliance W. I.., 2rib .2..-.Use4 herein, the phrase -W�6r ahall mean all hazardous, to�rit, -Unfectictis i..adibactive substances, wastes 04, Mai J, ,dated, defined or regulated by afiy.,-Ej)VijCT-6 �W--:' Law"and-4 pecifically also shall oil And its• fractions, asbestos, urea2-". ; 6aldohy4e, and polychloribiphanyls; as`',-. ed herein"' `,thy` phrase 11Zjjv_jxg=ent!%j Law" shall mean fedq6-aj, "ztlta and local statutes, regulations ;6 and de(ei.;--p-ertafjqing to the protection of any &sPe4�t" of,/#i1mW1hed;lttL or the environment that are now or �dzz4a4-k A e to the Shopping ceriierj', " l (vi�shoild"arvy qf.. South Lot 7 be used for the porpoges of,:'opjiraiii�g a gasoline station, then, in ddditift to a pomplyi . ng' ... -W4th the requirements. 09,", OQPP1 it ab-1 e -:larl�s,-----the owner proposing t-o7"66nstruft iuc.h gd 6 asalin-station shall require that fa6tlity be operated by, or licensied Qhie ""Of the major oil companies, and shall �6b+,jiili f-iom,....�the""Ippei - ator of the service station either" ap" it derinity insurance policy from such....."4er-it0i 6r..'t. benefit of the Owners of Lets .� afid3 (��d s(ibj to their advance written apprci4al, .-Whi'6fi w�-.Jft-:-'not be unreasonably withheld) which prr tuts t.-het., f rqm loss, damage, liability or expense 'j4s%j'-Jtfnqj:..jieojj the operation of such service station ..and?--: f rke any Hazardous substances which may be rele., emanate therefrom; and (vii) the owner of Lot -7 shall pay, in advance of its use of the appli&qb.le FIRST AMENDMENT TO RECIPROCAL EASEMENT AGRMENT Drainage Facility, its proportionate share of the . .1 ariq nal cost of constructing the portion of the Detention Facility used for outfall purposes based on its i projected use of the Detention Facility. 'To the extent that any of the obligations of the cOwng of Lot 7 set forth in subparagraphs (i) th*4o44h (Vii) gbove contemplate contin uing or .'6Jiqoingr::;perfbrmdpce, the owner of Lot 7 shall be cqw`ply with such obligations so long a$ It U6 th.4 Areas. If the Owner of V6t 4 tA-40ts t�6, tabe tfie.!;!-Pra1nage Facilities, then tile"OwA!erof;:, dt 7 91so shall be obligated to C( Sits -` Mstiuct, V. 6�Bld'--:;c6st and expense, any -ixqpzbvejftent: tp or 'AKAlqr gements of the Drainage Facilit'iev" its use tharecf#. cqits:1 or- rqlnl;a i ning Arid repairing the rg Arid costs resulting f-ion nigi19eace"bf �ih-.--Owner or its agentsor ei1hp1�`byd'es.!-" (-Whi-fi paid for solely by such �'Wnoi swill U Maid by the Owners sharing the Use .tit, such,.'-.. Drainaqee F-'acxlltl.es in of '.proportion to the grooe; er.. of` ! square e t Cj :._.proportion owned by each oulijor w4lqh is by;t116 X Dr�.Inage Facilities.'and wtigil:-the :,:::.conditions set forth herein - . Are , 4at i a4ed t 0 Owners of Lots 2 and 3, as ap�iOiabl*e,,�', - shrill ' giant Oas"ents to the owner of Lot 7 q.Yer"and,;-aqi7o4b, '-khe.,-'.-'Lot 2 and 3 Easement Areas, Cform i and:" substance to the grants made in IA�.Idfa) Nnd the terms of this Se i Cr(bl i •'. dditional Provisions--RegajZding Lots 4 and 6. -TO f4cilitAte-Pbwellfs use of the Bastgate D�raL' to provide drainage services e t e R .1 t ff-ind the surface drainage system to be be designed and c on trdtad to ac66iaodbkt44L-:--, ose drainage needs according:..:' t6,�-.e deisignit req4-irements of the Engineer's Powell:and pay for the design &nd`---c;.?nsf",tfon ...6f -�!a i3t ..-water collection systel%�"to!:.. serve`ioots?'rai�d 6 running from a catch basfp altuated-r"on..rLot 3i--t6--,-..a boundary of Lot 4 or 6, suL%....voir -�taneously k.:-.,to' bo! d��ne sinu',, d ` i ii I` with the installation -.'-Or- a; ra: r-iage� Oystgm on Lot 3. No other drain&443L.."work -may'.! :bq . -,. un . det .. t , a , Xen on Lot 3 for the benef it of,.---Iots i Ad ter completion of the initial ai-inaO 4ysi". -:;..Tbe bioswale and outfall componeni6-.-:--;of Drainage Facilities shall be zed and 6 and Powell shall pay Ea:tqateto' serum l'lhe u.......... incremental cost of increasing the siz4--.-,of stj . 64.: facilities to serve Lots 4 and 6 (as dei6.rkQ.j.Ae the Engineers) as and when such work is complefted. Lots 4 and 6 shall be subject to the use 9 FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT (SWWJ1DM5A(k33" WARJ6340V. 7y P.N.Z. 4-_i restrictions set forth in Sjgrivp 15.10(b)(y) and .,..:.9. Jgaig]2,15.11 Of the Agreement is amended by 'deleting the square footages of each Lot shown therein for P.urposes QX calculating proportionate shares of the maintenance oosts df ' e th'Drveway Easement Area, and substituting the ,.'foiloiiing.&n lieu therd-b- J RRMR FOOTA I Ot::. I t`bP determined* Li. 2 460 Ot 9 0 -615, 0 9 4 Lot 4 3.5r000 Lot 6 Lot 7 30,000, Y, *The square foota4e 6f :lot' :L f,6ar 0,ur-�-P-ompg_of this provision shall be "det4rm - 41 in.--'acoor4anc&1:.-.,with fbAo ns of Sect 15 -1.1 provisions of W . ..... .`10. The first sentence of '6-he-;"sacOPd arW41r:Aphof Slon ectJ5`11:48 deleted and the foliowirig, sowt. tut, lieu thekeof.-I Thy' 0WIff6r. of Lot 3 shall construct a'-,p rIvAts' roadway iqj- kn.,`DriVeway Easement h" -Property in accc4daAce with the t t 'a requir-4ients,:,--of `-the City of Renton. The Owner".7df Lot 3 maintain the Driveway Easement Area to a reasonable stabdard is such owner in its reasonable discreiio:'b,,.-:"and` the otlisr Owners shall be obligated to cvntriiaute share of -maintenance costs as set forthe n 11. The Amehdiqcl .by adding the following provisions thereto: 15.12. Relasted Acrreenient�i��.......-Contelupqraneduo,ly with the execution of this Agr6emen;t, F#asig4k`;i and_'k6 :have joined in the execution of a Decitrition cif tovd I nants, Conditions and Restrictions and Grant of-'Eas'emient's $nd; Quit filed,, C14Lim:. of Certain Parking Easements which 1'�`i tb" bbfilo . d,"for ".. i�qaord in the official Records of King C8hky,i` Wiishlnq�;Ln (,the`_' "12eclaXationll) As between the of Lot 3, the terms and provisions 6f" t� e blqli'blaia'-�ioo.Esha;"�-l'-'.--.- supersede and prevail over the terms aha.ji4v .." . r .. -is Agreement to the extent of any conflict or inc6fliki-st p-nc between the provisions of the Declaration and.. of this Agreement or to the extent that any provzsi, ib" ms�: the Declaration are more burdensome than the provilkiqlis 9f 10 FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREMENT (SWWIIOQMfIO339VtAAM163'4'027.7) zw.-?.,'i'�F'-:i�_.•.�....�,r.: :r+^.csr�3c's""+= r=...:+-sr..P�afi��-.� .-..-.�..� this Agreelaent. Lots 1, 4, 6 and 7 are not encumbered by ::,,,any provision of the Declaration. Expansion of Lot T B gea. The Owner of Lot 7 ,,ay c#r_velop the portion of Lot 7 lying north of the Driveway E4semrgnt,Property ("North Lot 711) provided that the f611bwkhg 6ovenants and conditions are satisfied: (i) if qici'tisi to North 1►6t.. �7`; shah. be obtained via the Driveway tadeAent' Irope r, tt en the square footage of Lot 7 to be 114id fpir purp9ses q colimlating shares of maintenance costs tid¢rectiari15 .a11 Pe:. modif ied accordingly; "(ii) rrotiritha ana any #tig`-.to the contrary contained in Sect kie01 t-:Agreamerft.,� all parking required by applie lb JAW to s rve jtny.:.. improvements constructed on North Lot 7,'sh�i'll iEye obht-A' ed wholly within North Lot 7 and shall be d 'shill st�`ff i t _``if .,in compliance with applicable law; (iii) the Owi3er sha;21`yconstruct and maintain a fence-,' or.`'other:-, barrier aiong::..�f►e western boundary' of the Easement 'Arias,' to: prevent the customers and invitees of the owner of Harth L6t'.7 .-rom'gzo$sipq or entering upon the Master Easement Ait::eas:; (Av) in dad,itiorr to the other Ct; us6s:.,prohibited by the Ag�eeiLdht, jib use,-'seb4 made' C7 N,drtti!-Lot 7 which would involve .UJ3 ManufkCt-Are,rglaosa, r� disposal, or use of Hazardous :Srx altar es; (v ,,;;any development undo -taken upon North Lot 7 shall b.6 -Upl a a ,&n::� co)np3 lance °'with li,applicable laws, including (witiout latm ta'�ion) the r.quirez4nts of the Army Corps of Engineers; Eve,`) nb �-mprpve*6nts to be constructed on North, L.pt 7.' shal°1 exceed h5 fist.� in._h%ight; and (vii) no part of tale o mqn Area °,.ot�ar � ah the -._.Driveway Easement Property ayr b�= used to ` provide-` a.cGees ..to North Lot 7 and the owner af:., forth Lot 7 herektiy `qu tC .ai*s to the owners of Lots 2 and Tall easemht aeatea]:- 3i": ' fl . 1 • to the extent that they encumber:. Lgts ; °and 3.•;::. The consent of the owners of Lots 2 and 3 V th" re p'ect too .::.The of North Lot 7 set forth ' of .bona t e ;:a waiver of an rights which herein`�•�ehall�•`'Y�� ��� Y g r those owners may:`be en itled tQ,, assert with respect to future developma t,.;0f North lot"7 in their capacities as the owners of adja;ning''prapelCty,r v 15.14 Ex Eastgate Arid Powell may elect c to exchange the South.`, Padd'"area fbr.;•Lot 6�_,-...,The Owners of Lots 1 and 2 ha reby_..approue ..-of,,isuc ]h exchange and agree that Bastgate and Fipwell may aiter'--into and consummate an agreement to"..th t f f at:,'wi. halt,.• trite, necessity of obtaining any furt."r ;Consen tip' the Owners of Lots 1 and 2 with respect the etca _;prow .ded. that any improvements to be constru,gted' up"an tie ::out�i Pad after completion of such exchange ha,11 nit "�ascsei :': '` ` 22 feet in height, the building envelope,=oA t e:.S&iii r' Pad shall be generally in the configuration,. showri:;.ori :° Pxhij�jt 'IF" attached hereto and any signage`ezec 'ed' obi k the South Pad shall not materially impair ttse'"" = visibility of the HC Building from ground level al-. s 11 -- FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT c8ww1►0osa511033 u samrr, ) .,`intersection of southwest 41st Street and East Valley -,.Highway. if, as and when such exchange is consummated, ..thi land acquired by Eastgate shall be subjected to the t_6e":.-.of the Declaration and the land acquired by F9,well. shall be released from the terms of the V :-:Deolaration 'and the Owners shall execute such documents as. array pi"Iiecessary to evidence the foregoing. N 6tw -itfirtandi ng s4ah"-!7change, the lot designations `iei -3�ere­ih sha V U`-'be Vransferred such that the South ihlaieaitei, Ahab referred to as "Lot §" for '.purpos s 6 the Agreeoentend the land formerly disl,qnatda 4s L;6t to as part of Lot 15.15 7-1-4 4 as Owner of Lot 7, hereby grants ond don.VeyX d' to the other Owners, for the benefit of ice, Shdppi,?tg'Ceriter-,-""A....perpetfiA, non- exclusive easeme#t over ` an`i1..:ikoX0si`:.-the -Prj�reway Easement Property-.:.4-6`r `,;t'hq" purpv� 6� - f Lpthlling, operating, maintakh'ir.g and' rej�la- '`from time to time, r sin, ewer ei-er-triqALI gas, storm sewer, �iaiy te.J'69.4one, cable and o ei uiility' inks to 6`1_3'rve ild ed 'it t proVRFents to be constriipt tiie---':S*h�-pp' -en qr.., ipg C PNhy work undertaken in the"t 61' rim -virmy *aspuk .oht q.r rep I .,&t t4 -'* "' "I""I a b4hest of an owner to ut:LdAy lines shall be done in m4hner a the sole expense of sucii'owpe Y zEinnii that will not unreasonably int4rfere wit)i the rise .:-of he. - Driveway Easement Property by­-;he,-��t�her ' 15-'gLgst-riQtj9=- No portion of the SY tipping Center .:,.shal I ..,b.e iiised fbr,.,any.,:,of the following uses or purposes: "---.Any..i,�6e w ch would constitute a public or private nuisa b. Any.-,:, use yhich.:'gefi--er�is noise or sound that is objectionable t'ierm itteu'�oj. -beat, frequency, o.., i 0 shrillness or 1-pudildsp" (othei tha4 hoises typically associated with "Vliomi iipipr0"Vegfient ijtb-ke or theatre/ cinema). 0. Any use whiph wouldgenerate 6kc-­6,­ssive quantity of dust, dirt or fly ash... d. Any use involving ei-:, hdigbOed---." explosion or other damaging oi%�-`Aan` ge-gous h.a'Z-6-fd, iri�luding the storage, display or sale of e*p�bsxvej.-.br f'r;eWp'rX`s'i. e. Any distillation, ref ininq,:;§ i,�tir4,­­aq- Ul 0 ......... or mining operations. ....... ... 12 FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT Y f. For the purpose of operating a mobile home or -trailer court, labor camp, junkyard, stock yard or animal J:raising business. `9 Any drilling for and/or removal of subsurface As. substnce Arty du*ofii ;,.of garbage or refuse, other than in -an ps;O -.-poV-er,"A re46ptacles intended for such purpose. Any mortijijh; ` Ai 'or i-milar service establishment. .y Y Any`cq;hzigrcia1::..l44r4ry or dry-cleaning plant; + isprai-lbition shall not be applicable providqd hoiOevdr, h' to any premise d . pick up and delivery by the ultimate consq'imer,.: th .0-re' are, nly noTxjnal on -site "Al supporting fa6 J k Any ad - tp.3t6bjle.-."bbdy.Ai iid fendiaz" repair work. 1. Any flea ma et. swap meet`, Wsepand;�; hand" store or 11s*P..lue store. IV Any adult book stbr4a ar., any. r o-vall'ed y l's nll-uses ;Includiziv (without limitation) ni ' dde,.�:'daiacing pornographic f4t: �,S,;,-massage :--"dis�j_Ays*- displays of -x-tdted11 -�itleiriaL m paror 1 li or off-track betting facility.."'. C14 0 15. 11 Additional -=r,]Z Lgt 7--gs-ea. Notwt,� n4ing %, S I."" .. 'Anythip.q...-tsect o th'e contrary contained in i' c5n$ 2l or 2.3 of the A#Agreement, 'Xorth Lot 7 may be used for thb,-.:.Orposes of oloeratthcv-4 Cowling allay, skating rink, haaltla"club or warehouse or light i 6 t Uj r iA " g air ii::permitted by applicable law. No.. othqrI to .be -made td­1hh.'a1` Ax hereby, shall remain 12A- FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT Executed in multiple counterparts to be effective as of y of February, 1996. Title'-f HCWA Realty caro...., corporation FQWELL: Inc., n Powell-orillia. Associates, a ion Washington General Partnership By: Lloyd W. Powell, General Partner Pet Powell, General -,Par Rsr By: Name; Title: 4 NXHIB 1 "All HC Haisesiant "B" Eastg&te E4-dWa Ile" Powell Easemon I'D" Lot 2 Easement "Ell Lot 3 Easemenz 'IF" South Pad EnV6 STATE OF OREGON County of PeT Lloyd W - POWO This instrument was acknowledged- bdfor& me..! -this" of� 1996, by of Eass gate Theatre, Inc., an 01) the he corpora ion. OrMw SLTAL JACKIE WILKES No-joll DLI�IX OPOSCM! U01 COMPArj8NON Na M-18 MY Y CC M M; S S *N E X F11 RE N-, *. 04. 1 W7 13 - FIRST AMENDKENT TO RECIPROC EASEMENT AGREEMNT e .............. .. PUBLIC FOR OREGON,-Cy,:- ission Expires: (SWWI 1=91MI991MAW04027.6) to be effective asp of S is Inc., an Powell-Orillia Associates, a 0.. Washington General -req,�ri db, poration Partnership Name Title: Lloyd W- Powell, General Pa nor HCWA Realty Corp..'-, g waahiniat On corporation "X" HC z&6eA6nV "B" "C" Powell ".01" - Lot 2 ea "B" - Lot 3 Basement Ak.a-a-k' OF" - South Pad Znval pe C) STATE OF OREGON Be. county or This instrument was of 1996, by Patar-"`WPowell, Garlaral J Lloyd W. Powd4l'' day of Eastgate Theatre, Inc., an Oregon corpor r. ox the corporation. NOTARY PUBLIC FOR 01tEGOR" My Commission Expirig.: 13 - FIRST AMENDMENT TO RECIPROChL FAS EMENT AGREEMENT Cq CD Executed in multiple counterparts to be effactive as of t" t;h day of February, 1996. POWEL nast4at-e Thea, Powell-Grillia Associates, a _qe, Inc., an are n C"P7f6r,"iGn Washington General Partt"Ohip -4- 1� By A `- J " -:.. .11 10-4'LPOW-M s, General . ;.; Llo W. X. er HCWX Realty Corp-, wa'sh 09 On. corporation 1�tee'4�. Powell, General By; Nate, Tit is7--y- );a Eau =.: IIA14 lic Easermentj "C" Powell kasemont, HDII _trot 2 Eaoarnidi t A.r,*# "E" - Lot 3 Easemeft, Area� OF" - South Pad Envik-ope.." -P art r Pow L X 4Lj iA Lloyd 11..."Po"1-14 STATE OF OREGON County Of This instrument was acknowladjed b�f' of me of 1926, by•Of Na;Ejate Th4atra, Inc., an Oregon c o FPZ t I b ri, on -'1behA It df the corporation. NOTARY PUBLIC FOR ORItdON-:'' My Commission Expires: 1-3 FIRST AREND14IMT TO RECIPROCAL EASEMENT AGREE24ENT FEH-97 '96 1E 07 117��-WiLLI i TEL HC]=�?%-29W __-�#A3� P13 Executed in multiple oounterparts to be effective as of the-'`:$t day of February, 1996. .} O� Fistgat¢Then re, Tnc.,-..,,fin Fowetll�Dritlia lkssoaiates, a oxi go ,'borporation,i=' Washington General Partnership se t°a Sy: r Title: , r ~k; Lloyd H. Powell, General Psi HCWA Realty Coz'p, corporation Rr3 e�r::.[af. Pawell , GelhexasI Peia tt � P. by: ; J Name. TitlA . Pavel t'. .......... .. A iD Lloyd BOWeIl ' "8" East"' ts Eat smt'' 4 RCn Pavelk--,H AS400.0t j , "D19 - Lot 2 Easemen-t Air" i "$A - Lot 3 zaaamerrt A �iit:'.... "Fo - south Pad $av41.ope STATE of oRMH J County of This i.netrument ryas aaknowl aged .410 W-W., ; dgy - o�fe Theatre, b��y� of ;; a e heatre, lik , a !� /� :. yi as :ry-^-: Viegon cgrpor4jkubn: - pn •.y ,1'9 . .... ..,. the corporation. ! NOTARY PUBLIC FOR 0AWdR­ My Coakmiasio I Expires: 13 - FIRST iABlibD' WT To RECIPROChL EASEMENT AGREEMENT ewwirnnns+soa�+ 7:�j, DxiIn... AAA before me, a 'OotilLryr' Pubtiq "-I-, I -0'r 0 d state, personally appearrA ex ,- �" .n ,persoally known to MU (or prjwe*,_,,,,, r. to sw-. *0 th&: b&Aiilk,.6; zRt.j&f,2kctojpy evidence) to be the perstwk v_Y whose "kiRYK4 i*--miubliarD'Dad A*,�4thq 4�-tlxin instrument and VI 0 acknowledged to *e the same In hia/h tY, joid'Vhat bh-tWher signature o-n the X.' instrument,lh6 P*kWQ:h, Chi the �kity upon behalf of WhiCwlt" person acted, axq" bu " od a ;E64trutLent. WITNESS' 111%17d o f 161a3 iseal. 4C .0 PU 161 d';A said State COYWO"*ALilf;Cr MASSACHUUTTS A&'e,before mar a Notary Pubi I(?:- ArL:4n�-` tare, personally I �pp�;aaj� at .. V r pe personally kn X Annur owil to (or proved YQ— Ina 'ati ..thy ]b of, satigf—act,ory evidence) to -6 titre' person VhOpe nama,"Ld stAh&iprf.jPQd to the within instrument A", " to " na� tUat 1 4, ........ ack"Wiod a kV./she executed the same in his/liar." ..", - j a author i1c,"e"d 0`apfi'c.1L1Ey ."amid: 'Ekat by his/her signature on the-"' instrument or the entity upon behalf of Whf .68 person acted., exacVzod thik in`stpzmant. W: WITIft5i may. hand an .:official seal. .1 -*.,and LA,Uq-1E E Fl-,Y. ir plabli't In rat sPicj sta" MY COM.PiZIU. Expee, 3�, ic� 14 FIRST AMENDMENT TO RECIPROCAL ZASEKENT AGREZKENT -_— TM'-v�..]r__ .�.- Y•i.+.C:.'�' .. .:F'Jti_�'-A :^1 :'T—_—+rr,"_.�'.r-ia�1�.i.r�. 3TiilST! I ._ __ ST iTE OY WASHINGTON ) .: On this day of , 1996, before me, the r : ` uiide�signe 1, anotary Publ is i n a"` n�for the stagy of Washington, r $uly acstamia-Sondd. and sworn, personally appeared Peter W. Powell, f . known .-,'to the p4rson,r`wna.,$xacv�ted this inrt�rument in his ~.jndividui caps it► , d ass`Gt�neral Partner of Powell-orillia aslai�gtor{''rjeneral. partnership, the partnership that;.,,!*eout$d ;ttta. f rega 'i c�:' ins `ru ent, a:id acknowledged the instrument ,+ frerv' a;td, ,Vo uhtary a�,t end the free and voivntar �.r y�:�.act a,�d �ee�: 61. that pir�nerahf}> for the uses and parpooes f in t e*nVior.�' ail "' cry oath sl..&ted that he was authorized to exgbute tr�4 ri uroent on bishailf of the partnership. WITNESS my bland.' aid pf.f icial des,, 14t�eto of fixed the: day and year first. ab�v� w�'ztceri. for t-he:- State of Was?t fg`ilr�. rsa�din fit. My Commia"hl ►li E*tpi ;1 0 Doi t:hiq=' day of.._- c f'L1r 1S96, before one, the undersigned: �i'.-- Noitary''Public'.-:in and P tre State of Arizona, duly C0MMiss_ivned aril s.Vorri, �;pe-,raonarl ly appeared Lloyd W . Powell, known to be `tie gron,.'who=:0reutd this instrument in his individual caEpa ity arja as '2eh6r4l Partner of Powell»orillia Associates, a Wash i'0gt'bYf:tc�eneia1'" p�-xtrr'er;hip, the partnership that exeouted the f&r oirument, �'ghd acknowledged the instrument to be his `�r�' eLP vnIli tairy- act "and the free and voluntary act and dead of that�11..p�xtr.:i`evahfp for. the uses and purposes therein mentioned,::, and „•on .:bath .4tatad;-'tiiati he was authorized to execute the i �ist•tirrerit. on:`` beia l.ref 'the partnership. WITNESS my nand and off jC:-j-A-.f s. al-, hPri Ge `affixed tits day and year first above written. •••.•F•.waNAtF:�rsra9'csr++srslsvc•�s!L-Trmcr4 �• i s \ ' •i,�i ..! 7 L 0'-1Ki. Don ir::a�. a,;sa7 NOTAR PUBLIC in and"` xsr' he :State .r e r, iixw�x� •r ,�.oesmc w>"+ of Arizona, reeding at My CommissfoA Expires: =A 15 FIRST AME24I)MEt+ T TO RECIPROCAL ... r EASEMENT AGREEMENT{swwi�ub�2srio31981aantiva3ao�r,� ; FEB-07-1 . 96 %!08 1D:9CKAqBE-W1LL1R1SM TEL N0,503-7gEr-2900 '#40 P15 :ST&TE OF WASHINGTON on this day of 1996, before me, the uhd oinio nr ...,.)Notary Mlic in and ftr the state of WarAington, A, dujfcc*jssjon.d an4.-*QdTn, •personally appeared Peter W. Powell, "knaim --to bap -'the jwroko'n wo executed this instrument in his cap", 9ka Go .4 ;1 M4 noral Partner of Powell-Orillia indixi, i�a . t? Ali-sooldtei, aj wajoh4l 9"iww-:1.,yartnership, the partnership t�� eX` ec:44� the fiti0pelit, and acknowledged the i1mtruMnt to ke :his./" e a M -4 volghtary act and the free and unta. gt"and d i-tner,hip for the uses tend Moh'Livil _:amd';!vn oath stated that he was authorised to qkequtedth natilient on behalf of the partnership. 'th WITNESS ny.. h"d.Tand-­ a -If eai4,;• .hei7eto affixed e ir, ixl 0 day and year first above vuixac and,'fpsr the. JA NS �Stjm+dlr IL "a of Washinq.ton', rasi,dincj 41 my C IS`9 it "es .A ol STATE Q0 1996, before me, the a -Matar Public ..y n and for the State of Arizona, duly cozmssLofivd .40id- pMrnG personally appeared Lloyd W. Powell, known to be tha 'sop"' wl"o 03fod'b-ted this instrument in his individual aii:,60eril Partner, of Powell-orillia -Assoeiltes, a W&M-in ton,genirai pakrMrshlp, the partnership at' acknowledged the that executed the,: instrument to be - hig f vol.untaky" aib.t and the rrea vxd voluntary act and died-& .ihalt p&tne'XS1-hjj'jr"T6T the uses and pwvoxas therein aftitLana4f oath stated-, gha t be was allthorlx*d to execute ttte '-inst ft:;:-on i t If "of "'.the partnership. WITNESS my hand and oftiiaxf 60�11 -.-hev4ty;, -a fixad the !lay and year first abmm Written. 110TARY PUBLIC in a64 for h i atati of Arizona, resin my comissican Expire J 25 FIRST AXEPDXUT TO RECIPROCAL 3 22./06/1996 16:57 2e68228750 H D A Morten Dennis & AssoeWex, Inc. HDA VomaNq Engineers, Pioneers & Surveyors HC EASEbMT THAT POR710 C 11 INCLUSIVE, COUNTY, WASHT I 0 5 EAST, W.M., PAGE 62 7t;134-kl.]Ndfblq NbRTHERN BINDING SITE PLAN MIMED JN—VbEifME 161 OF PLATS, PAGES 8 THROUGH �`REV . )RDIAd RUMBER 9206302696. RECORDS OF KING Sj-fUAtE ;IN �gCM.N 30, TOWNS141P 23 NORTH, RANGE 0,M PAVCULARLY DEkRMtD.*S FOLLOWS: BEGINNING AT THE NORTHEAST,CORNER 0 87*50'47" WEST ALONG THE N(*T.Ii LANE"" THE. 01 1150T 09"VEST PARALLEL wrmlllI* EAST-11: 553.08 F`Mi,;'':THENCE SOUTH EAST' SAID LVr 7- THENCE NORTH 01 4,10,09%, M BEGINMNG. CgNTAXM?iG 3k,7" SQ. Fr. MORE OR LESS. fb::;-.LOT 7. THENCE NORTH V,00 FEET; THENCE SOUTH ',S-A16L&7. A Dl$T-ANCE OF EAST�LINE OF TO Second Aven&w qouA% ffirkkmd, W4m&Wgrvn 9803.3, PAwne (M) &M-2525, Fj= (2M) 1112 K&Ah" 0 Wpmftka skrkx cq 0 mum - 206MG758 H D A PAGE 0:1 Horton Dennis & Assedwes, Inc. HDA Pimsen & Surveyors ' 9"TcrAls 19&%ME?ff THAT POMON OID"LM 7 i'lOURLING.MN NORTHERN BINDING SITE PLAN W-MA itE (BSP-014-9d$t,-!;.PA " _6ibED 10 N.60UME 161 OF PLATS. PAGES 8 THROUGH 11 INCLUSIVE, UNIOM�; REPORP1140' OUNMER 9206302696, RECORDS OF KING COUNTY, WASMNOTWON, Sr-tUAtE -64 StMON 30, TOWNSHIP 23 NORTH, RANGE .. X 5 EAST, W.M., BEINO-MORE PA'wnhjLAkLY I5t-$CRIBAD,..,;---'AS FOLLOWS: COMMENCING AT THE NORTKEAW jC0R-N-ER-;;,0F $Mb LOT 7; THENCE SOUTH 01*50'09R WEST ALONG THE EiYrAAE T'HERt '-453i"30 FEET TO THE POINT OF BEGINbuf4ri.; THENCE CONTINUING`'At6NG.SAtb EXS-t LD&�:-SOUTwr;!:'�.1-50 , 09 WEST A2.6 7W; THENCE CONTIN-'UINIC3,tdi4o.,SAi' '�.OUTIH 1,8633'S 1 WEST A 5 64 ol '50'00' BASS 3VI 76 4 FEET; TH CE SOUTH 88°0�51` BASTO.Q4 TO THE POINT OF BEdIAIN cqNTmmpib 1o,249 SQ. Fr. MORE OR LESS. aD,tOT 3; 2.5 1 W-'F-ST ' FrINUING THENCE SOUTH THENCE SOUTH c---1.54 F4-, 0 THE AOR114 01*50'09' ALONG SAID LINE 'W14G ,,S,,AID LINE 2068228758 H D A tour THAT POIKTION OP 3 RECORDED lKYOLUM 9511299006, RECORDS 4 TOWNSHIP 23 N01kTF DESCRIBED AS FOLLO Harfon Devenis & Associates, Inc. HDA Pknner.; &.Surveyors - POWELL EASEMENT PAGE 04 1,�' TY� 4 N Ill. Cl RENTON LOT LINE ADJUSTMENT AS i6 OV'SUltyo","kGE 190, UNDER RECORDING NUMBER KING C MIKTY•,"'VASHINGTON, SITUATE IN SECTION 30, 5,--'-E!A$T'i,,WJ4-, BEINGt,, MORE PARTICULARLY BEGINNING AX THE NORTHlVMS'T..---'*C0RK-El 89-09'51- EAST ALONG THE KdW-M LiNfiil 01`50'09';WEST 426.54 MET: THENC#--.NbRl J WEST ILINE'bf SAID LOT; THENCE . AWN EA 1-9%,FEET..; THENCE NORTH286331t" 218770 r-git TiiENcF- Nonyri orso-og- E, 162 -63 FEET TO THE POINT OF BEGINNING. OR LESS, W5822.8759 H D A THAT PORTION PF I RECORDED IN: YOLUbt 9511299006, RECORDS ( TOWNSHIP 23 NORTH DESCRIBED AS FOLLO Horton Dennis & Associates, Inc. HDA Planners & Surveyors PAGE 05 2 EASEMENT AREA 41 r,,,"2',;5CITY..,.OF..,R-ENTON LOT LINE ADJUSTMENT AS J6 OP`SURYW4'OAC 4.,. E 180, UNDER RECORDING NUMBER KIN; CO NTY "WASHINGTON, SITUATE IN SECTION 30, tA Gq, 5 EAS+,..,W,.-M., BEING;,- MORE PARTICULARLY BEGINNING AT THE NORTXftST.2tQRNER GF,.SA-40'10T 2; THENCE SOUTH V*50'47* EAST ALONG THEN E THERE&'43.1i Fg-ETTO THE BEGINNING 1. . -.- " .11 A OFA CulivE, CONCAVE TO THE NOR7iH�T---0--.HXVlNrjk- RADIbS OF 66...! FEET, THENCt IN k4...EASTERLY DIRECTION"ALONGlIfE AkC &SM-D dURYEi,,PASSl NG THROUGH.,A CENTRAL ANGLE OF 02`48 S * A DISTANCE OF29.77;±T "Fr A 0--/THENCE SOUTH 0-SATO'LO I 9'09'�-- WEST $53.40 FEET TO THE SO`bVL�4E-0F T 2` THENCE NORTH 89-09'51!', WEST ALONG SAID SOUTH UN9 I13.151 EET T-On-ff;:;WEST LINE OF`'SAJO L40T.- :nIENCIF. NORTH 01-50"09" EAST ALON ..SAll): WEST- LINE 553.30 FEET .,TO THE POINT-.,PF BEGINNING. tQrAlNlN c 4.62.577-�Q. 7. MORE OR LESS. 2068228758 H D flomm Dennis & Associates, Inn. xnA Engineffs, planners A Surveyors ')U�Nfr-flt'p -110T 3 EASEMENT AREA PAGE as THAT PORTION OF LOT LOT LIKE ADJUSTMENT AS RECORDED'IN VQLUNt I &SURV: Y$-,;;--PAGE 180, UNDER RECORDING NUMBER 951129M, V±t'6RD$'OF-kIN.d CQV".Ty.,.wASHINGT0N, Srr(JA7E IN SECTION 30, TOWNSHIP 23 NOA E4�,:'S BAST', BEINC,,-_MORE PARTICULARLY FOIZWS Jv DESCRIBED AS BEGINNING AT THE NORTf",T CORNER 88"OVS I " FAST ALONG THE NOATlfi*E.T--H 01 *50'090....WEST 426.54 FEET; Pit ""..bl6kln, WEST lAg"Of SAID LOT, THENCE ALOW EAST V"'.99FEft; THENCE NORTH 28'33--5V-] 218.70':'FEW- , TkIENCE NORTH 01"50'0V E.A. HE POINT OF BEGINNING. CONTAINING 6C,976 SQ. FT. MORE OR LESS. mr- 7�. 15*:;-WT 3, THENCE SOUTH 1 '`15 FEET: THENCE SOUTH . WEST hl-.54 FF-9T-.!.TO THE DESt-,-VNEAORTA 04-50-09- STINU . INCY . 0'ONG S-;klD LINE iliNUING AL C6 $AID LINE 1t` 1t7 Second Avenue SpaA, Kfrkh&w4 Warkinglam OW3, Ploome (206) 822-2525, Par (20) 822-075i, FJPMwd 9 Wirmodur Rwtm Ld F) • CO), T4 m > r m --4 440 x AE EXHIBIT This Map shall not supersede the provisions of Section 3.1(9) OW 41ST STREET Z Ll OEYCrrY 6FREN7'r3NING r pfl3 RECEIVED REGAMPIG B This Agreement regarding Buiidw' g Location (the "Agreement") is entered into as ofthe I3th day ofPebtuary, I995, by HCWA REALTY CORP., a Washington corporation ("HCWA"). B��ITAZt�: ' 00 A. HCWA owns that certain parcel ofland situated in or nearthe City of Gib Renton (the 'City"). County ofICmg, State of Washington, which parorl is mom particularly Qv desrn'bed on &klzk W attacked hereto and made a part hereof ("Parcel A"). B. HCWA also owns that main parcel ofland situated in or near the City, erf County ofKing, State of Washington which parcel is morn particularly deseribcd on A it T" hereto and made a part hereof ("Parcel B"). parcel B is adjacent to Parcel A. C. in connection withHCWA's development of Parcel A, including, without limitation, the deyelopment of a building upon Parcel A (the'A-Building") immediately adjacent to the northern lot line of Parcel B, the City has required that HCWA, as the owner of Parcel B, agree to certain restrictions upon the development of Parcel B. In consideration of the foregoing recitals, HCWA hemby agrees as follows: 1, &ildiag Lgcation. In the event that HCWA desims to construct a building it upon Parcel B (the "B-Budding") or sells, assigns or transfers Parcel B to any buyer CBuyer'). HCWA shall locate, or shall require Buyer and its successors (m the event they desire at any time to eounruct the Building) to locate the H-Building either @ a minimum of day feat (60) from the northern lot line of Parcel B or (a) immediately adjacent to the noithem [at line ofPUW1 B. if the B-Budding on Patrol B is placed immediately adjacent to the northern lot line ofFarcel B, then a setback will be maintained around the entire perimeter of the A -Building and the B-Building is accordsarce with the applicable building code of the City of Renton, County of King, State of Washington. s= 8 h ryM V � ssaotvtw.octn:Fsrwasrva�,oe..tt.4srr� 23 2. amto- The pm%i9mofthe AWimmmnwrit inure to the be of and wA bind HCWA and b raqmfim mmamma rod as4M and all other persons or =Wes which wqim any interest in Pamd A or P&wAL B. 3. AppEcable M Agreement wilt be conanxed in acmdam with and efforaW as provided under WaAhowkw. 4. MjjZ Each of the Uaits &Mded. halo is incorporated herein by S. Ca no paragraph captions in this Agm=mm are for came dem only and are not a put ofud are: not intended to govaA limit or aid is the: interpretation of any pmvWOu of the ApmncM FA aWashlzolaratio IUC: Title: Vice Pnddcnt a r E7{Farr -Be Parcel B: Lot 3 of Burlington Nord cn4 a binding site plan, according to the City of Renton Binding Site plan recorded under King County Reeurdicg No. 92063026K in Volume 161 of plM pagea 8 through 11, Records of Kag County. FOAMIT "Be f ctn On a C" co GO C2 .o *%a RECORDING REQUMM BY AND wwN RECORDED MAIL TO L=Pb= Propertm LLC 12545 S W Broad ay Beaverton, Oregon 97005 Attantxm Jon Walsh E1992846 N , a MM oet of •ex StwWWAU ffl &Deed �3&vd IiCWA 1tE14:f 3� CORP, a 'Washington corporation ("Gmtoe% for and in consideration of the sum of Six Million Three Hundred Fifty Thousand Dollars ($6,350,000.00), in hand paid, grants, bargain% scUs, conveys, and confirms to LANPHERE MOPEPMES LLC, an Oregon limited. liabthty company, the real estate, situated in the County of Ding, State of Washington, as particularly described on Exhibit A attached hereto and moorporated berm by this reference (the "Property). Grantor hereby covenants that Grantor wtll forever warrant and dcfcnd the Property against all persons wbomsoever lawfully claiming or to claim by, thmugh or under Grantor and not odm vvm. Grantor, for itself and its succeasora to mterest, expressly IinuU the covenants of this deed to those hm m expressed, and excludes all covenants ansmg or to arise by statutory or other imphcahon Dated: August 7, 2002 a F,�L LUA--Rq-4.L4 fLa ,�&M5a STATE OF CALIFORNIA COUNTY OF ORANGE HCWA REALTY CORP., a Washington corporation By _� �^nr.-mot ,d D r.4� Name �^}[trtn & it lckeA On IAWast toa'L- before me, SatS neJ�1�lra na_ ,, a notary public in and for said County and State, personally appal ad *Cder e personally known to me (or proved to me on the bases of satisfactory cvldence) to be thee person(s) whose name(it) is/me subsonbed to the wrthm ittsbummt and acknowledged to nee that hdabeftey executed the same m huthwhhen' autbortzed capacity(m), and that by hns1mWtbw ugnature(s) an the mstrmnent the person(+), or the entity upon be3ialf of which the pown(e), acts axemned the mshvrnatt WITNESS nay hand and oMcW seal ?, Si sew e, vetoes► outs Nazar Aft conoft - 1W P 1 nil i Jgli This sketch is for the u of showin the mate ca lotion of the lees without actual survey end Ticor Titk assumes no liabili in connection with the same Exmrr A LEGAL DESC:RIMON LOT 2, BURLINGTON NORTHERN, A BINDING STPE PLAN, (BSP-014-92) ACCORDING TO THE PLAT T' mpWF, RECORDED IN VOLUME 161 OF PLATS, PAGES 8 THROUGH I I, IN KING COUNTY, WASE NGTON; •f TOGETI-M WITH THAT PORTION OF LOT 3, OF SAID BINDING SITE PLAN, LYING NORTH OF A LINE DESCRIBED AS FOLLOWS BEGINNING AT A POINT ON THE EASTERLY LINE OF LOT 3 THAT IS 23 80 FEET SOUTH OF THE NORUMAST CORNER OF LOT 3, OF SAID BMING SrM PLAN, THENCE NORTH SM'51" WEST A DISTANCE OF 875 52 FEET, MORE OR LESS, TO A POINT ON THE WESTERLY LINE OF SAID LOT 3 AND THE TERMINUS OF THIS DESCRIPTION, SAID POINT OF TERAW4US BEING 80 88 FEET SOUTH OF THE ORIGINAL NORTHWEST CORNER OF LOT 3 (ALSO KNOWN AS (NEW) LOT 2 OF CITY OF RENTON LOT LINE ADJUSTMENT NUMBER LUA-94-157-LLA RECORDED UNDER RECORDR40 NUMBER 9511299006, IN KING COUNTY, WASHINGTON.) This sloctch OD&P of showi the a roximate location of the sm without actual s and Ticor Title assumes no liabiil in connection with the Same I RETURN ADDRESS: Ksyatvtit lhtloMl Aaook6m Mrltq Cads 43% PwkoonW Blvd - PO BoltilM solo%W e37os 1pQD7" .�. DEED OF TRUST 000— IOO 4 WO.- C ` � DATE: August 19, 20M C= t� Reference # (d applmde) Addltion>'tl on page wa Graritar(s) cp1 LANPHERE PROPERTIES, LLC Grantee(s) av 1 KWBank National Amocla0on 2 Commonwealth Land Tdle Insurance Company, Tnxtee Legal Description tot 2& Par 3 Blgfl Won Northerns BSP (BSP-01492) Vol 101 Pfau, Pages 8-11, being Now Loot 2 of LL4 Roo No 9511299008 Adddlonal on page 2 Assessor's Tax Parcel ID# 1253800020 THIS DEED OF TRUST IS dated Aught 19, 2002, among LANPHERE PROPERTIES, LLC, An Oregon L Wnftd Liability Company, whose address is 1250 SW Carlyarl Road, Beaverton, OR 97ooS ("Grantor'); MyBank National Assoolation, whose IMU ttq address Is OR,AFfafsm, 418 State Street, SeWni6 OR 97301 (referred to below sometimes as "Lendee and eometbnes as 'Beneitelary'); and Commonwealth Land Tille Insurance Company, whose m fts; address is 1200 Sixth Ave, Suite 100, Seattle, WA 98101 (referred to below as 'Tha tee'). This sketch is for the of showig the q mate Enend lomtion of the prcmixes without actual sumey and Tiew Title in co mection with t assumes no liabilihe same DEED OF TRUST Loan NO: 9091 (Coy mad) Page 2 CONVEYANCE AMID GRANT. For wkmbte raonslrieradon, maa w convey. to Trusloo In truss with pwaer of sml% Might nd of *My apo eliamion and fW gw bwa t of Lender ae flereeepay, alf of Gr mmis Wont. tale, end Into m m and to ft fbMwxg described real property, "dw wash all eetasprtg or arbmquw* erected or of mad bvikhripa, uprow rents and figures, a6 eamments,, nAhb of way, and appasr*mmme, all water, water nBMs and ditch rights ¢ncludmg stock in ulrfahse wnh detoh or wcw wn nghuj, and all otw nghl% rovalbes, and pmft mlshre io the mW In � rracudantl wdhout Wrtabon an an merala, nil, gee, 9scew t ai and wwar Whetters, (the "Real Propertjj County, State of Washington: NEW LOT A OF LOT UNE ADJUSTMENT NAP (BEING CITY OF RENTON FILE NO. L.UA-94-157-U A) AS RECORDED UNDER KING COUNTY RECORDING Na 951129900% BEING A PORTION OF LOTS 2 13 OF BURLMTON NORTHERN BINDING SITE PLAN (BSP-014-N) AS PER PLAT RECORDED IN VOLUME 101 OF PLATS, PAGES 8-11 AND UNDER RECORDING NO. G; SITL)ATE IN THE COUNTY OP KING, STATE OF WASHINGTON The Real Property or its address IS Oommonly knotlm as 3701 East Valley Noway, Renton, a WA 911W. The Reel Property tax idetlil9CNlon Btu idm IS 125MOM .-- CROSS4XXLATERMMTION. In addthort to the Note. tlue Mod of Truax woures all oblgMkm, datab and 6abrkbes, plus ca antw t thereon, of Owdor to Lender, or Bray one or more of than, as wall mid olaane by Lw dw agnnst Grantor or any one cs or more of them, whether now etsehng or herssfw arwrig, *Anther mlrued or uraefesed do the purpose of the Nob. whether wars voluntary or aborease. whether due of rroe dim, drraet or andoeok dewmned or undatom*md, absolute or corrhnpsrd, hgaadebd at urrhqu4mbd whatim Grantor may be hable u4mimly of 1prngy rnth others, vrh mw oblgated as guarantor, c�a aurarty. a000rrmodemon party or oMwwte , end vNmamr mecvery upon such wwwft Whey be or hereafter may become o barmd by any stowto of k n akons, NO wbOW the ob pabm to repay such amcunxs may be or hem WW may become ox wwm urmMaroemble cv aranior hereby afisrgns as seaady to L wmW. an of even ws ngft b le, and nh mat rn anRents ,and to aI Mess, Ren, and profits of 9= the Pmpwty This asstgrimerd m tscetdsd rn aocordertoe with RCW 0G0B.t)70. yes lean ideated by thn atmpmem m intended cm era to be speak, pertecmd and chaste upon ft moordog or this Dead of Triad I ' I Ir grants to Gmnbr a lanes to colleot the PNO and pm % whreh Own may be revolted at Lender's apbon and shell be autornaboW revoked upon acoeteraUcn of fill or part of the Indebbdnees THM DEED OF TRUST, INCfl =Q THE ABWNIIIENT OF RENTS AND TK SECURITY INTEREST IN THE RENTS AND PERSONAL PROPEWY, 18 GIVEN TO SEOURE (y PAYMOff OF THE IMMOTEDNESS AND PERFORMAN(W OF ANY AND ALL ONJOAMM UNMR THE NOOF TRUST. EED DTRUST f8 GIM AND ACCEPTED ON THEMWMM TMSER'AND TNT D PAYMENT AND PERFORMANCE Emoept as omwwme promtsd m to Deed at Truer, Grantor sh@3 pay to Lender an amounts secured by thra Heed of Trust as they became due, find shay fitnetly and m m timely inarww peftm an of (Imntor'e oblgatwne undertlw Ebb, this Deed of Trust, and the Rsleaed Dcou mob POSSESSION AND MAWTENANCE OF THE PROPERTY. t3rerafor argreee ytet Gtarrtora pa esewrr mad rase of the Property stiall be governed byirwfaycorg pxnwons Piummalen uu ,�(1' j �, � for oo&jrmm� PM911Y,e {8I Ba the from the and Wigarl i a Proparkyl (Ihrs prrvrtege m e boa l- *rem tender to GmI0r wtorrishaetly reralrad upon debRAQ The fofovang prommons mlate to the use of the Property orto other f =Melons on tm Property The Real Paapsrty m not used pmmpeBy for agmmrlsual purposes Duty to Maintain Grantor shay rrmellarn the Property In bwmhkbb con ftm and prornpay perform aI repeors, repfacerneals, and rnarnterwee rdmem" to preserve ds vakw L 1Mrban8% 1MYeaw omntor shall not Camas, oonduot or Perrot awry numwm War AMmmrt Perish, or suf er any stripping cf or waste an orto the Propery er any portion of the Property Ynyroat Ern *V the geruraldy of the forWng, GMnW ynn not remove, or gmit to any other putt the nght to remove, any unber, rnererafs tw4vdrng od and gee}, coal, slay, scona, sod, gravel or rook products w th" LwOmr'e prior wrnbn aarrawft fleaaovaf of knprvremeaste. Grantor anal not denufth or rerrwve any hapfoverrrauns from to Real Pieper of wryrout Lwxkw"s prier wrrlten consent As a oortdthort to the removal of any knprovemerata, Lander rent, rsWm ftalor to make w mgenmMe sahaleckery to gender to mpbo such htprbremmte wrlh hipmvet wft of of test etllaal value Larder's Robb to Enter. Lander and Lender's sgenb and mpr$Wt9bvia may enter upon the Real Property at al reasonable bares to allend to Lender's mbmab and io im peot the Real Property for purposes of Gramorh omp68raoa This sketch is for the of showin the mate location of the wises without actual s and Ticar Title assumes no liebili in comtewon with the same PS 1 DEED OF TRUST Loan No: 9001 (Continued) Page a with lbe terrine and oorickboas of Ibis Dad of Trust Compliance aiaM Goe wowed Repuiremhw its Grantor anal promptly amply, and steal prompty osuse earwharice by art wants. tanants or other peraorre or Rnhbes of e►iery nature wbatsoaver who rant, feces or otherwise use or ooaupy the Property in army nmmwe, with all laws, ommanoss, and regulationa, now or hereshsr m affect, of au gowammental MOWN" apphaable to the use or occupancy of the Properly, inckwing W&Md limitation, the Americans WM Dmsehhhes Art Grantor may aonoeet in good frith airy such law, ordmanoe, or regulatow end withhold compliance during arry prooseding, mckWM appropriate appeals, so long as Grag has nobhed Lender in writing prior to doing so and so long se, in Lw dw* sole opmm. Lmmde's mursa is in the Properly are not jeopardized Lander may require Gramar to post adequate ercmray or a surety bond, naeonebly satmieciory to Lander, to proW L eaft's interest Gwrw am OP all oltw am, in addition ition to those sots sat faith above m this section wtoch twit the clima:tor�anq use of to Property are reasonably necessahrto prmaoland pUWWthe Prapmty DUE ON SALE - OONSENT VY RIDER tender may, at Lender's oplwn, (A) declare mvnedraNly due and payable all sums secured by this Deed of Twat or (B) wwresse the interest rate provided for in the Note or other ofooument awdenomg me Imdeboadness and impose such otur condrborha as gender dem appropriate. upon the We or transter, without Lender's pear writmm owment, of all Of any part of the Final Pmperlr, or any trferest in the heal Property A %ale or trainsW means the owwayarm of Aeah Property or any rg1u, tide or interest in the Reef Property, whefhor legal, bsnafwtsl or equitable, whi ther voluntary or involuntary, whelhar try outrayht axle, deed, mst MGM acts contract Iand aonbact. contract for deed, leasehold interest with a term Ibemar than fuse (3) years, Wass -Option contract or by ssK assgnmerd, or Uxuder of any benshow mtereat in or to arty UM bat holding title tot meal Fhoperq, or by any other msttmod of caftwonoe of an merest m the 4M Beal Property If mini Grantor is a corporation, parli ershm or Ilmtted habrhty company, trencher also trmokrdea any change m ..r ownwshrp of mare than thaenty*n pwasot QW%) of the vubno stock, partnership mtarests or hrrrted Iabtlity company a interests, as the one may be, of such Greg However, this option shall not be afa *rsod by Lander tl such axermse is prohibited by federal law or by l4bshwWw tow Ca v TAXES AND LIFNS. The f Nmrkg provisions relabag to the Ume and two on the Properly are pan of this Deed of Trust isa Paysrseat Grantor chill pay when due (end in aI events prior to delinquency) all taxes, special farces, asm arrienle, chwges (rx tudrng wafer and aa►w". fines avid impoereons levied spinal or on aoovant of the Properly, and shall pay CM when due alt dams for wodr done on or for aWMW Widwed or material furnished to the Property Grarw shall CM maintain tine Properly free of all bens twmq priority over or equal in the initeeat of Lender under the Dead of Trust. except for the hen of Ism and asset not due and except as otherwise provided m this Deed of Trust w" Mght b Conseat. Gmnw may withhold payment of any hex, asmasmen% or datm m a wnwibon with a good faith GM doPar6a ova the obligation to pay. so " as Lender's inured in the Poperty a not Aopwdtxed If a hies arose or ,s a~a filed as a result of norwaymwrt, Gantor anal wnMn htteen (16) days after the ben aims or. d a ion is tied, mom frlteen (15) days after Grantor has riohcs of the 11itg, moura the discharge of the ben, or if tequai led by Lander, depoat with Lender cash or a wA awd eorpori fe surely bond of other wourily sebstactory to Lander m an urmount suffioient to ChaohaaGe fha Iron plus any coo and attorneys' face, or other r3msrlyas that !d acorue as a result of a foredosurs or sale urmder the hen In any contact, Gw"w anal tbfsnd dug and Lander and shad catchy any advarm judg mat before enforoerriv* against t s PMporty C wlcor "name Lender as an addibonsl cbkges under ainy surety bond fummshhad to the oolL - pmcmdq;s ErMemo of Payannt Granter "I upon demand furnish to Lander aabsfaabiy evrderwa of peyrrrant of the taxes or assessments cad shad audmonn the approprrais govern rnanial oMrwal to delrver to Wrier at anytime a written aNnomerd of ire taxes and assessments spsrm the Propmty No** of Cons trudion. OmMw shad notify Lender at least Maori (15) days before wW work ra commenced, any cress are Airnahed, or arry matenala are supplied to the Properly. it any mean mAi ben, ma's bout, or Other lion Could be asserted on account of the wank, smy"% or materials and the cot exceeds i%WO GO Grantor will upon ragomt of Lunde furnn h thin Lender advance esairanoea satisiadMy db Lender that Gramor nail and hmIlpsy the coat of such Improvernern PROPERTY oAmAGE INSURANCE The following primsms. relalm to insuring the Properly are a part of has Dead of Trust sselrmtelianea of kWWSnee. Grag shall procure and rruerdurn policies of In msurarmce with standed extended coverage endorsements on a repkaoment base for the dull iMPAstile value co+nnng all tmprmniets on the Real Properly in an arnount xftwnt to evad application of any cane mmoo done, and writ a standard mortgagee chime in fawor of Lender Grarg shall also proms and masmtzun cornprWmenwo gwww kabllrly insurance in such coverage emoiii u as Lander may (squad with Trustee arid Lander being named as addrMw rnsureda rim ouch habifity insurance policies Addrhorift Grantor shall wmwd m such other hteurarmce, indudrng but not limited to hazed, busmeaa inwm4*on, and boiler ensurm . as Lander mny reasonably require Pnkome OW be wrtteri in tarsi, amounts, coverages and base reasonably acceptable to Lender and asued by a Company or companies raesaabty acoeptabla to Lender GraMr, upon request of Lender, will delve to Larxter imm time to bme the policies or oerblimtes of Insurance This sketch is for the eIf showin the roximate rat location orthe sea without actual survey rind Ticor Tide assumes no liebili in connection with the same DEED OF TRUST Loan ND: 9007 (ConUnueM Lae d in Term aatisWail to Lander. including aWleftans That ommages will not be cancelled or dimautlred without at Nast MA (10) days prior wmtrn nchm to Lander Each insurance policy also artists Mxlude an andorsernent providing that coverap in f m of Lander mN not be angered in any way by any act, orrhleelonl or de%* of Grantor or any Other parsarh 9wAd tie dbel Property be located in an area desgrudad by the Direofor of to Federal Emergency Limmigerrnnt Agency as a special flood heraN area, Grarot agrees to obtain and maintain Federal Rood Insurance, if am"W, wahn 45 days after notice is given by Lanai OW the Pnp xty a roosted m a special flood haxard area, far the full wVmd pri ncilw balanos of the loan and any poor trans on The properly securing the low up to the mminvunt pofioy Wife set under tm National Rood fawrarma Program, or as d9woree required by Lender, wW to mamtxrr such msuninm for the teen of the loan Applivallon. of Proceeds; Grantor Wl or replacement aimeds $50D Londe mNae prnotify Lander of owl lose d Grantw fails to dIm or dwuw to the Property o so wNhifhiben days al to casually Whether or oat Lender's ahounty, m ampalred, Lander irhay, at Landeft election, receive end ritahn the proceeds of any nhsurarsae and apply the proceeds to to reduction of the Indebodnea, payrrwrnt of any hen cal affecting the Property, ar the restoration and raper of the Property M Lander steps to apply the proceada to tasfarahon .� and repair, Grantor shell mMr or replace the damaged or daldmW Ynpravenwnls in a manner satisfactory io Lender cr Lander shall, upon sab#actory proof of such expenditure. pay or mmbume Grantor from the prooseds for Ow % - masoraibb ocet of mpar err m !urethan if Grantor a not m default under this Dead of Trust Any procseda which have o not been disbursed within 100 days afW their mmpt and which Lander has not coerrxtted to the repair or rostaratioi of C' tle Property shah be used Tint to pay any, arnnount csnng to sander udder this Dead of Tnref. Lion to pay aoorued Cm MINN T, and the remwnder, it any, chop be applied to to principal belanm of the Indebtedness N Lender adds any pmoesde offer psynts(d in full of to "blednsss, such proceeds dW be pad without interest to Giamor'ss Grantor's c� ahereaee may appear m o Grantor a Report an h mwom e. Upon request of Launder. however not roars than once a year, Grantor" fumah to Landw a report on each sussing policy of insurance dtmv 1p 0) the name of the lneurer, (2) the aft msiard, (9) r+ the amount of the pothoy. (4) the propsshy insured, fha than ournant replaowmrd value of such property, and the manner «o of detaaterdng tun value and (5) the expire oin date of the policy Greror ehel6 upon request of Lender, have an independent appraear sab dadwy to Lender detemww the cash value repiamment oast of the Properly TAX AND 98SURANCE RFBEFiYM $W*ed lb any hnsfahons ash by applicable law, Lender may requm Grantor to maantem with Lander maertres for payment of mi nral taxes, amesernents, and insumme premiums, which reamm shall be aeatad by advarm psyrnnam or monthly paymems cd a sign eeienaied by Lander to be sufficient m produce, amounts at lead equal to the tames. asseaemwiW and mwmnos pmvwu to bo peat The reserve iurxb tAhell be held by Larder es a general deposit from Gmntce, which tender rnmr no* by psymnant of the bum, amsearnments, and kwummo premiums requred to be paid by Kantor Ire they bsoome due LaMar shad lhm time right to draw upon the reaenve Tuna to pay such mama, and Lender $W not be required to determine the validity or accuracy of any Item before payxhg rt Nohhfifp in the deed of Thm shall be canstruned as mqum V Lander to advanos other rmnsa for such purposes, and tender shall not mar any hatslty for anyb„D it may do or omit to do with respect to the reserve aooud GWvm to anylmhatahs sat by apphcabN law, d the mve" funds disclose a shortage or deficiency, Grantor shed pay such shortage or daffohsnoy ae required by tender AN amours in the reserve aoccur we hereby pledged to furlher secure the indebtedness. and Lerch is hereby authorized fo wmxhw and apply such amounts on to Indebtedness upon to amwence of an Event of Default Lender shell not be mquued to pay any hrhlerast or samnot on the reserve }unto unim mquved bylaw or agreed to by Lahxler in wnting Larder doesnot hom The ramm funds in firsl for [iranior, and Lender is not Grantor's agent for payment of the taxes and aseesemei its required to be pad by Grantor LENDER'S DXPENDITNES. h any action or pmoWmg b conxnenoed to would nulensNy afleot L.ixidlift nhlereet in the fiWerty or d Gwdw ferN to ocmpfy with any prove= of ties Dead ot'fngt or try iterated Doourgsnpb including but not Wnd@d to Glrank "a fadure fa dodtarge or pay when due any amounts Grantor ra required to dmohanpe or pay under this Dead of Trod or any Retied Documents, Lander an Grantors behalf may but shall not be Wkwiled to) false any notion that Lander deems appropnaae, including taut not minted to driuhhmove hg or paying all taxes, hates, serwnty ingrwN6 enou nbranom and ogee creams, at any oma Nved or placed on to Property and paying all soft for insuring, rrnhntaatng and praswvwQ the Property AN such expenditures incurred or pad by Lander for such purpose« will than bear interest at the rats dierged under the NoW fom tie daft incurred or pad by Lander tote date of repayment by Grantor Ad suoh eohpenses wdf bsoome a part of the I debisdrtess and, at Larder's option, will N b9 payable Co demand, (B) be added to the balance of time NOW andany h be apportioned xh� tarance pow � rwmnvg farmid be poyd" mdh m the � P%WmtBbe tad due uiffw p t will be due and payable at to Node's maturity The Dead of Tmd also will secure payment of these amounts Such legit than be in addrlion to all other rights and m. as to which Larder may be entitled upon D&WA WARRANTY; DEFOM OF TITLE The tollowng primmons heisting to ownership at to Repe»y ere a part or to Dssd of Tent 711h. Grantor warrants that (a) Oanior hoids good and madhstabfe We of record to the Property in 1aa simple, free and dew of ON (bathe and anoumbranose other than those set forth in the Real Property dnmpbm or many We meumnoe pohoy, tills raper#, or final lolls opinion issuad in tavor of, and accepted by, Lender m connection wd h he Dead This sketch is for the of the goroximaft PmaJ location of the remises without actual smvCYend Ticor Tale assumes no Itabhli in Connection with The Balms DEED OF TRUST Loan No: Mil (Condmuld) page s of Trust. and (b) Gramm has the full IQM, power, and audhonty to esseoute and defrver tits Deed of Truck 1b Lander Pelerne of TItL. $ubJOd to Rite eharaptwrh m the pmagreph above. Grrrhtor wanarrts and wit forever defend the idle to G anWis ule or to r u Tr �: or Lender under ihnDead of Tn'RA Grantor�lrana aaland� nn at awrloft expense Grantor may be the nominal pWW in rich pmoeeding. but Lander shall be entitled to parlohpate in the prooe"no and m be mWouded in the proceeding by counsel of Landers own dm c% and i ramor will deliver, or own to be delivered, to [,ender aaroh metmanents as Lender may request ftom teens to Tina io permt such pufroipataon Compgarim WO Leers. Grantor warrants that to Properly and Grantor's use of the ftpatir comphee with all exrahng appdoable laws, oWmances, and regulations of gwmaw4al adhm4ee Su ivW of Representations and tAfarareitiee. NI representations. wan'arrbo% and agrooments. made by Grader in fins Deed of Tnist short suvwe the exawkwir and delivery of time Deed of Trust, shall be oontu wo in nature, and shall roman in full force and strict until such finite as GremOre Indebtedness "I be pond in full O0011mamiLDN, The iollornng pmvrwom slab to won proceedings we a put of this Deed of Trust Prwooi Tgs. R any proceeding in oondemnabon is tied. Grantor shot notifyw Lender in r". and Grantor oriel[ promptly take such st" see may be necessary to dehnd fie a0m and obtain #te award Gramor may be the nominal putt' in such prooeedrrrp, but Lander "I be *Mod to paafxxpale in the proceeding and to be reprssenled in the pi no by onrmsal of m own choice all at Grantor's expanse, and grantor will deMww or eauae to ba ddivered to Lander such inshumma and doarrnan scion as may be requsated by Lender Thorn tine le time to permit such 101W pollwatron .1M C=r Aposatlon of Not Promserfs @ all or any part of the PoperW as condemnod by earned domain protwedinp or by any ••— pmo edrng or puoahaae in Mau of condamnauon, Lender may at to ebctim require that all at any portion of the not r=r- prooseds of the award be applied to the Indebtedness or the repair or rosbaftm of the Property The net prooeeds of C=P% the award chd mean the award MW payment of an reasonable costs, expenses, and attorneW fame incurred by Trustee rater or Lander in connection wrtfh Mho oondernnaten o f WWOf3l M OF TAMM PM AND CHARMS BY GOVLRNMENTAL AUTHWTIEL The following provisions retatng to erns 9mmmmentel taxes, fees and charges we a part of this Heed of Trust a Ciarrerit Tames, Fees asd Cherpes. Upon request by Lander, Grantor What execute ini ca dooumerlfs in addition to Rue G-%k, Deed of Trust and take whatever other action its requested by Lender W pasha and continue Landers Men on the Final C3 Properly Grw tar shall nweibume Lander for ail tanea. n deecnbed below, together wrt h as expanses starred in my recording, pertecing or corimaing to Dod of Trust. including wsthouf hmiftori all forams, fees, documentary Womps, end other charges for mWi ing or requtenm time Dead of Trust Taxes The following seal conatikste teller to which this $@Chen app m (1) a speartro tax uponthe type of Deed of Trust or upon d or any part of the kxM tedneea secured by Mhrseed Dof That, M a BpeDIr10 tox on Grantor which Granow is w9 honmd or ro mod iD deduct from payments on the Mdebtedriou secured by that. We of Dead of Tm{t. (3) a tax an this type of Dead of Trust chsrgeabte against the Lander or the holder of the Alois, and (4) a sped fro tax on all or any portion of to Mndebtsdrwus or on payments of principal and merest made by Grantor Submpai t Tioiss t any tax to which this seater appalea c enacted wbasgI tin the date of this Deed of Trust, this evert sh ll ham the same eRM see an gent of Defaut. and Lender magi eaaratm any or al of as atonable romsdrss tar an Swit of oefauit us prowraed below unless Grantor ether (1) pays use tax before it beams" nelinquert, or C2) aontiim the tax as provided above in the Taxes. and Lien section and deposits with Londar cash or a sulliment omporate surety bond or other srsaunty sWmb Wry to Lender SWURLTT AGItEE#IIP.fff•, FINANCING STATP.IIMM The Wowing provisions resat rig to this Dead of Trust as a simoty a"ment ere a part of sae Deed of Trust seeurtty AgmmneM Pus matruntant shall aonstiM a Sec iw* agreement to the extent arty of the Property conatautes Par Tres, and Lander shall have all of the ft" of it secured party under the Uniform Corshmercial Code as amended from time to trio Soft lhr Mgereet. Upon requeet by Lander, Grantar shall execute financing statements and toles w hift er other action w mgwatsd b5r larader to parrfeor and corntrihe LArader"a ssaursty rrNeleet n the falenh end F+araharhW property In addtien to reooMing this Dead of Trust in ow real property records, Lander may, at any time and w*wA fhsrther audhorwoon from Grantor, fie a aeouied oaamsrports, oopue or rspmducbons of this Deed of Trust so a frngrwmg statement Gnomon "I reimburse Lander for NE eucperWe h Mmsd wi ported rig or oomnuirlg ttsa aeowdy interest Upon dsfauh, Gramm shall not remove, sewer or detach the Personal Property frarn the PrQWV Upon dol" Grantor shall assemble arty Ponvonat Property not affeaad to die Property in a manner and sa a place reawably convanhent to Grmhtor and Lander and male it awedable to Lender wrthrn three (A) days after recelpt of written demand from Lender to the extern parmtled by app wwo law Addresses. The maiteng addresses of Gramm fdebior) and Leader (secured party) tom which mformsioon oonaenung This sketch is for the Purpme of bowitig the mate general loomon of the =Ises without actual swvey act TicoT Title assumes no liabilu in cnnneciion with trio same DEED OF TRUST Loan No: W01 {Continued} Page 6 the sew* mtereet QMnW by gm Dead of Tfuet may be obtained 0MA ala regahed by the Llnilorrn Commercial Owls) areas stated on the first pop of this Dead of Trust MRnM ASSURAMCM ATr0RNff4M*AGT. Ths tbllowng proaaons relsong to further assurmmcas and avorney4t4act are a pert of this Dead of Trust further IssurnzwM At any tarns, Ord from two to taro, upon rogMW of Lender, Grantor will make, execute and dekrer, or wig cause to be made, executed or dekvemd, to Lander or tc Lender's designee, end when requested by Lender, souse to be filed, recorded, retled, or rerecorded, as the can may bo, at siectm 1w. end in such offices and pieces as lender rtgy doom approprule, any and all such mortgogaa, deeds of trust, wouny deeds, security sane wrrte, iimuxw o ststen wvW cont rruabon "lie, n to mWumerite of further assuranoo, oerndmadas, and other documents as may, m the sole opinion of Lender, be necessary or dowabb in ardor to eftoctrrate, corrhptete, perfect. s0 canknus, or preserve(i) Gionloes. oblrgeticrw under the Nola, thus Deed of Trust, mid the Related DocuivoNa, and (2) La the heirs and saounty interests crested by this Deed of Trust au but and prior bens on the Property, whether now owned C= at hereafter acquired by Gnuft Unless prohibilod by law or Lander agrees to the oontwy in wnkng, Creator shall renrnbunoe Lander for all costs and expeneg unoumed m connection with the nwriars referred io m this pwagrsph CMP NG=Iorfoibtodoonyofthothmpishmis lDmtnpmoodngpangmph.Loridwm dowfor Q arid�of Graitcr and at Gras m s ea�rensee For dpurposes, Grantor inovomby appgnts Leander CID as Grantor's aft rney-st#aot for the purpose at madrmg, Ong, delivering, fArng, recorrhrho, and doing all other Mmgs a� as may be r aeaeasir or dsnrable, in lenders Sole oprraon, to accomplish the mailars retuned to in the pmosding cra f+amar'ph e� FULL pRRFORMANCE a Omntor pays ail the Indebtednno whore diw, and otherwise pnirforrns al rims obligations vgwsod upon Grantor under Neu Deed of ThnK Lender shalt m—A, and dohver io Tnegeo a request for full and shell e s execute and dWrw to Grantor suitable staternante of tsrmsralm of any tatrmomo sttrterrient an file Landerh s asounly inwast In the Finite and the Personal Raparty. Ary ream"yance fee !dial be pad by Grantor, if po n fitted by ' apWmable low The 9wrloo in any reocnvsyance may be described as the 'person or persons legally entitled thereto', and the reatais in the rsconveyoatoe of any ashlers or facts Streit be conclusive proof of the truthfulness of any such tamers or faces EVEM OF DEFAULT Bob of the following. at L,andef's option. slat conatrlrto an Eaaerd of Data A under tons Dead of Trust Paysasnt DefaadL Gear dor fails to male any pyarmnt wheei duo under the tidsbledness 00W Da116111 . 01enmr fails 14 oanply with or W porrforirr any other Ism, oblgabon, comment or conddion contamed in, #tie Deed of Tnut or in any of the Pabod Documents or to Comply with or to poibr.r any term, obirgat>tan, oomiarn or condmicri ocin ned in any other samnvnt between Lender and Gwmor Cm, lance Defawh. Failure to comply with any other term, obhgartron, cover mt or condition oontemed in go Deed of Trust. fhe Now or in any of the MAW Deomnu t. If such a failure Is WMW and of Grantor has not been green a notice of a bmeW of to aims pirovision of this Deed of Tint me,* tits preceding twelve M rnonft ri may be owed Wd no BteM of Debuilt wi11 have comrrod) ri Granite, after Lender sends written. demanding Cure of such faduro. (a) owee the failure w dun frbon (15) days, or (b) if the sure retakes more #= ttlean (tl) days, ... ti. sdrately initiates steps suffiaart to ours the failure and riureafter mnlrrros and om pletea all reasonable and necessary stole sufficient to produce ournplmm as aeon as reasonsbly practical Default on Omer Ps yr eente. Failure of Grentar wWvn the tme ra pied by the Deed of Trust to make, any payrnait for texas of uteurarree, or any otrer paymart r=N& y to pravern UMC of or is effeor discharge at wry Hen Doiaelt In Faeor of Third Probes. Mmuld Grantor default under any loan, matlrom of waft socu t}r sgroemenl, pwahaw of salsa swmnsilt, or any other agreamaM, in favor of any oter a+bdatcr or person that may msteally affect any of Gtantor'a propery or Granlore ability m repay the ktdabledrmau or pm loam their reslsohn obk pwm under this Deed of Tint or any of the Related Documents False 86assents. Any warr6atty, reprsesrdabon or statement made or funrsal od ro Lander by (Armor or on Gmrior a trelydf under thus Deed of Tint or ifto Related Docurnents a false err rrualsading many material respect, anther now or ant Ow trmo made or fumnhsd or becomes false or mWesong at any time thereeftsr Dorf "a' CoNaSeraftudw , This Deed of that or my of the Ftdated Documents oesses to be in full force and eifaM OftH lrtg fatkn of Oy ooNsteral down t to Crest" a valid aid perfeowd security mteeset or ban) at any trrw and for cry reeecn Doath or The dmwutmn of QMftPs "gar+dlea of whether ekehan to Continua to made), any member withdrawn from the The kerb ft company, or any other wounabon of GreMort eaaterwe ao a garter busing" or the deadly of any number, the insolvency of Grantor, to apporrHmerrl of a receiver for wry part of Grantor's property, arty sag... errt for fhe benekt of onedttora, any type of cmdrtor workout, or the eomrner"fri t of any proceeding under any beiftipicy or moohenq (errs by or ago m Grantor. i This sieewh is for the ow of shows the location of the see without actual survey and Ticor Title assumes nor lialaiG in connection with the same gp�I DEED OF TRUST Loan NO: goal (Cownuem Page 7 Cnm Mgr or Forfeku'e Proarodirgs. Canrnencenent of lorecicaft or Imbipito prooaedtrig% vrtwther by judicial proceeding, ulthelp, reponinsion or any other method, by any cndrlor of Garvior or by any goverrmrentel agency agairM any properly securing the Indebtedness The includes a garrahrriant of any of Grantors a000tixilr, induang deposit accounts, wtth Lender However, file Buhl of t7efautt shall not apply it there is a good ladh dispute by Grantor as % the valddy or remonablo of the ohm which to tta basis -of the creditor cr forban pmosedhng and d Grantor pees Leader wrtitat noes of the oredrilar or bftiture prooseding and depos<te wdh lender moues or a surety bond for the creditor or forhrwn proosecl", in an amount detsrmured by Lender. in its sole discretion. as bwitg an adequate reserve or bond for the depute Beach of Outer A renaatt Any breech by f3nfdw under the terms of lily oRnr Weantent betrrsert [,rotor and Lender that is not renednd when any grace period provided therein. including w0mil. ktridation any egnement ocrtcenerg any indebtedness or otter obligation of Orantor to Lander, whetlter ewstsg now or later EMU AffacBng QuerarMor. My all the preceding evens occurs Witt respect to any Climrarttcr of any of the hMebtedness or arty Guaramlcr dies of becomes incompetent, or revokes or disputes fl» vanddy of, or habildy under. any�urant�y of the ltdebtedness In the event of a death. Lender, at ds option, may, but shall not be required t), permit estate to assume tarn clitionsAy the otikpbctis anseg under the ourranty in a mariner estrsfaoloy to Lender. and, in doing so, Gore any Event of Default Adverse C hinge. A maternal oduerae champs occurs Ln Gfanbr'e financial condition, of Lender behaves the prospect of pabRlteet cr patllormance of the hndehtrdneq is Wnpaired hnsourtty Lender in good fink behoves dself insecure oRight to Gee, t such a faililure is cumM and d ararMor has not been given a notice of a breach of the same provision r of # a Dead of That within the preceding twelve (12) month., rt may be sued (end no Som of Default will haw occurred) if Grantor, attar Lander sands salter notice darnsnding cure of such failure (a) cures the fsdure within h tseri e (15) days, or () d the oure requires non than fdtesrt 0 days, hmmedwift mdistes steps swilo d to aura the lailare and thereafter canand d ownp oee all nasosaDle amneoematry depa a d oisM to produce oonplratoe as soon as reasonably pmcww. ev H1fiM AND REMMEB ON DEFAULT. t an Bierit of Default occurs under tlns Dead of TnA at any tine thereaflr, oTrustee or hinder may eowa a any one or more of the foNti wing rights and remedies BecO n oe Renrrres MOM by Larder to pursue any remedy aW not exclude pursed of arry other remedy, and sin air eleobM to make aapen4ttrue or to We action to perform sn obligation of Grantor under thte Dead of Trust, after 2 Grrantorls failreuto pedwrs, shall riot zMed Lendert right to dedarr r dsfautl and wcarnae ate ramerkee ev A000M le Iadebtaillnozal. lender dial have ON right at Nor option to declare to &Mire lndehtedneas rnmednrtely due and payable, in"ng any prepoyrrant penalty which Grantor would be, to pay. Foreobaura %Vd h respect to all or any part at the #lest Property, to Truetee anal have the right to emose rid power of sal and to imsobw by notsa and safe, ant! Lender MW have do nghi to foreclose by pelicsal foreoloeure. in erther oar in a000rdence with and to the full aaterd provided by apploeble law Lu:C Rea wiles. Wit h reapeat to ant or arty part of fin Personal property. Lender 81w1f have all the rights and remedies of a wound party under *A Unttcrm Coaanerael Oode Gtdact Rertls Lender ahalt haw the rght, without tnotioe iv Grants to like poeeeseamt of end alranage inn Properly and coltaet the Ranli, hnckldrrg enrwunts pest due and unpaid, and apply the net prcice ", area and above LendePa oeetta, agmnet the gdabtedrtess h furdw arm of this right, Lander may e� Lender. Gan of the Property fo make payments of writ or ur fees directly tc Lender a the Flails are desgnalee tender as Grant a's altorewpirk4d to endorse etsirwrtents wowed in payment thereof tin the name of l3rashfor cold tG z the urine and comet tha proceeds Payrnanm by tenants or other usaa to Lender in renponse to Lender's demand shell comely the oblgahon for which the psyineMs we made, whether or not any proper grounds for the dernaind existed Lander rney exarplee rk nghm order this subparagrsph artier in person, by agent, or through a receiver Appolyd Rmdver. lender strict have the nW to have a raoacver appointed to take poeseeaoa of all or arty part of the Property, with the power to protect and preserve the Property, to operate the Property preceding or pending foreclosure or oak. and l collect the bents from the Properly and apply the proceeds, over and above to coat of the nmroershrp, against the indebtedness. The renewer may ssive vwttout bold d permttled by taw Lender's Fight to the appornlrrwn of a receiver, shall cruet whether or not the apparent value of the Property eiocaede to Indebtedness by a substantial amount rmmplo~ by LergW silent net diequahfy a pKoon iron nn" ore a mmmar Terueaey et SuHeranee. H Gmnor rernvasts in possession of the Property alter the Properly era sold sit provded above or Lender arherwas becomes enticed to posaasam of to Property upon ditA of Grantor. Grantor shell become a tenant at sufferance of Lender or the purchaieer of the Property and steal, at Lender's option, either (1) pay a reeeoruible rental for to use of the Properly, of (21 vacate the Property ervnetlatsly anon the demand of tender This sketch is for the *fshowing the apprwArnate Seneral location of the prefAises without actual Mum and Ticor Title assumes no liabili in connection with the same DEED OF TRUST Loan No: 9001 (Continued) Page S Other Reinedles. Tnrsiae or London boas haw any otler right or ninon proWded in this Dead of Trust or the Note or by law Hit No of Sae. Lender shalt gns Grantor reasonable nation of the tans and place of into public able 99 the Panond privow aft er inim dapofton of tia Ponional Property is so be mule f�aonehle notice shall mean na1 sett at WM ton (10j days belm ft Wo of to sell or dn$am an Any ode of P+arsond PmpwW maybe made m ooqunWron wrth any ode of the Raul Pmpody Sale of to Mop sr* To the extent permdled by applicable law, Gire@rl0r hereby wain any 00 all rrgltle 10 have the Property marshalled It oowcWv ds dgMa bid nmsdres, the T hmm or iandw dM be to to seas dl or airy parr of the PwpwV Ugellier or separately, in 0m sale or by somata salsa Lender alert be anbtlrd t0 bid at any ptibtrc sale on all or any portion of the Properly Ag0oaieys' Fees; EWerwas. tl Lender natduYs any Burt or action to anfaroe any of the tams of the Used o1 Trust, Lerider shall be entitled to reower curer arm as the *w A may a*xlpa mumble as adtorswys' Jess at triad and upon any appeal Wielder at not any oart action is wnmkovd, and to the extern not ptahibied by law. all reasonable cq satperurea Lander noun that m L+ndar'a opinion are necessary at any Ims for the protection of rte Interest or the -4&P enioroemart of as rights shall beconne a part of the Indebledneae payable on doinand and *ml bear adetest at the NM a rate from the dole of ire experdrture until ropaai. Expenses aowfed by Ilia paragraph include, without limrWon, .� hnwover subfed to any lands under applicable law, Latderls aftneye' lies and Lender's lbpd expanses, whotler or not e� tore a a Iewsnt, including attomeW tan and expenses for bankruil r prooeedalgs Oholuding etlorte to muddy or cs vacate any automatic aft or nfirm*w). appeals, and any aiboipoed po�arnent eoasciwn services, fhb cost of m awdaang records, ol>falnrng title reports (including tro:1 curs reporls), reports, and wpm" Toss. title woun ms, and fees for the Trustsa, to the extant permitted by applicable law Granitur also will pay any court costa, in m addition to ail etlier wrns prodded by taw o RVft es Tnrase.. Trustee sled haw all of the rglds and dudes of Lander as set laM in the eeation POWM AND OBL MTUM OF TRLPFrEF- The foliowng provisions isYerg to to powers and oblations of Trustee . s2� (purmAnt io Lender's ttebuchctia) are part of On Dead of Tnet N Powers of Ttisslea. In airi141 1 r to ad pow a of Trustee arising as a matter of low, Trustee dell haw the power to take the fallowing adeoa with respect to ilia Property upon the written request at lender Ind Grantor (Q Jan in preparing and ling a rap or plat of ltsa F bit Property, tndudarg tie dedication of , an' or otor oghta to the public, (b) join in ptardrrip any eaeaiant 0r creating airy eoetmlion on to Reel PropeW. aid jo) join in any subordination or other agnernent affecting this Eked of Trust or the manse of Lander under the Dead of Trust ObIquNons so Nollty Trosles shill not be obligated to notify arty ader party of a pending eats under any other trust deed ar hen, cr of any cotton ar lira , rig in which Grantor, Lander, or Trtstsa slat be a party, unka mquked by appicable law, or uNeaethe a0tim or pro0eedeng to brought by Tnatee Tltaslee. Trustee shell most all qualification required for Trustee wider applwsrbfe law In addMon f0 ile rights end remedies sat iortln above, with respect to all or icy part of the Property. the Trusfsa dtali txwe the right to foreclose by Whoo and bade, and Lander eW hears Me right to i0roolosa by Juttiord foreclosure. in sMor am in a000rdanoe with and i0 the full ox rt prowled by applicable law Successor ThWae Larder, at Lender's option, may from one lo time appoint a successor Trustee to any Tnistas of tw recon�rtime County, Steals by of Vbshmgton The i �conta n�aadd�n�a�q lolfniar naw a qurred by sleto low, the Barites of the original Larder, Trustee, and Grantor, the book and page or the Auditor's Fie Number where this Deed of Trust rs usooadsd, and to nama and address of the successor trades, and ltte instiumen shill be emeauW end ao$mmedged by Larder or tea waeseare m siWm The euoweesor trruass, wdhart oowiveyena of the Property, soli succeed to all the trots, power, and 6Am coda id upon fo Trwies in this Deed of Trust arid by opplrabe law This procedure for substdutron of Trustee @hall govern to to eookuawon of all 0llier prowsio m for stut7etrtutan NOTICES. lkiblect to aMicable law, sed except for nwtwce mgws od or allowed by few to be given in another manner, any riabos required to be given under On Deed of Truer. melwduig wdhm knfuwsarn any notice of defauit and arty notice of Bob OW be gram in writing, and Mall be elfoubm when actually dWwred, when actiiery nomad by telaf smile (unless otherwise rsqurnd by law). when Up, R-in with a rralx nslIv moognlzed oversight couner, or, d tided, when deposited in the United ShiEe mad, a first does, wxrrtwhed or ngrisin i wad postage prepaid, drrerted to to addresses t lxm now the tneganeg of flee Dried of T'ret All Wpm of rMOn of foreclosure from the holster of airy ken w/uch has priornly over this Deed of Trust soli be sent to Lander's address, as shown near to beginning of the Deed of Trust Any party may change rho address for notices under this Deed cf Trust by gong fornial written 17atl0e 10 the alter pages, epeanrynng That titre purpose of the notice is 10 change the parry's address Fbr rt0pae purposes, Grantor agrees to fang Lender wrdofrned at all times of Grantor% ounant address. Subject to opphoMb law, and &NOW lot notice Mond at allowed by Jaw to be Fm m another manner. if two its more than one Grantor, any notice given by Lender to any Grantor a deemed i0 be rwbce gwen to all Grantors This sketch is for the a of shown the mate location of the remises without actual sure and Ticor Title assumes ao lig in connection with the semis art �...�.« ,.�,. r ...��+„ _�+ • �� w�mr5_�+..,� DEED OF TRUST Loan No. owl (C"inuem Page e SUB PROVIbl M& The following mwcelonem s provisions are a part of vie Deed of Trust Ars ndimes. Tbw Deed of Tweet, together wtth any fbliand Docurrrerrts, ewom W the terse understanding and agresrneat of tfe parties es io the metiers set tthrtx in fhhs Deed of Trutrt Ma atIOMbon of or arendmorri to the Deed of Trust often be offocbve unless gmm in writing and signed by tiw parer or padres sought to be chWVd or bolted by the eterahon or amendmeM Anneal iE wu I the Property is used for pxrposee other than Grontors residence, Grantor Ad furnish to Lender, upon request, a oendred atatonhant of not operabrhg moome received from the Pmparty dunna Grantor's previous 4soal year in such form and detail as Lender shag towrio 'Not opvalhrhjh moons" shall mean all cashh receipts inert the Property Was art; cash ootp•nmbaas made in connection with the operehon of the Property Captim Headrtga Caption headings to this Deed of Thief are for convenience purposes only and are not to be used to interpret or doles to provisions. of *a Deed of Trust Mwper. There shag be no merger of the inlerw or estate ereatsd by this Deed of Trust with any oMrw interest ew •state in the Property at anytime held by or for the b•nari of Lander in arty capacity, wMNPA the %otlerr oaMMM of Larder Gowerning Law This Deed of Tmd wM be governed by, oonstrued and esibroed In a000rdwic• with fedaral lawn . I fe pass offs StaN of CnWm% wisept and only to fua a> but of Woosdruat miMera eelaledio the perfisadne and Mtaa•ment all Landers rfghw and owned eii argedsst fte Prepsrly, vA*h rtlatloro shalt bo govtnted by ttne tiers of the flute w fitnealrtnpsort. If•rwevrr, In ffi• ewerht felt ire mh/oeeeahtftty ar rMltdHy of any provlaioeh of flits e� Dad of Tnmt.e ahaltrnBed or questioned, suah provblon shag be Savenred by tahlolmm appgooble state or federal law wmW uphold or mould eM n a such galharipid or gum sfoit prorlatom The loan tirnnaation wsrteh b avhde tm by On Nole and This Dead of Tftust has been apptlad for, -04 approved and made, and all e r nosesary loan d4ouatirm boo been aooapted by Lender In fro Stith of Cr.gen ss No Vhbw by Lsndw Lander shall not be doomed to have waived arty r0e under this Deed of Trust unless. such oa wailer a grvan m wnbng and signed by Lower No dslay or ommm an the pan of Larder m amohsahg artyngrit .hell op mole as a waiver of such right or any other rgM A WMW by Lareler of a pmveion of thas Dsad of Trust shall not s`r pMudhoe or aonshtulo a wwver of Lender`s right otfeMm le demand Ws. oo "Wice wMh that WwAsoon or airy other elmpeovrsen of ilMe Deed of Trust Ho prror warvor by Lander, nor any couwe of dsalhng hebween Lender laid Grantor, shall p oonsmito a warvw of any of Cedar's ngfrll or of any of Gromes oblga m as to any fuhns trarhasrshons WFrsnaver r the consent or Lander is requaed undw the Deed a[ Trust, to granWV of such consent by Lender in any unslanca shall �. not ow4blute coMmurng coned to subsequent mstorim where each eonso t is required and n all oases such consent en may be gaited or withheld in to solo decrebon of Lander Swinish ty. f a nowt of competent tunsdwt m lords any provision of the Deed of Trust to be dlegsl, KrM4 or unoMarceable as to arty oeweurnstanco, that ivdng shall rhos rtmha the ofendug prDmw degel, invold, or unanfareeable es io cry other aroumadshca t feasible, the oflbnd+ng prwmon chap hs oorxsxderod rrhedrfrod sa that rt beeanes legal, valid and enfoweable M on offending provrehon oannot be so modified, it shall be considered deleted from the Deed of Trust. Untesa otherwise required by law, the illopidy, imWi ty, or a oribresab lily of any provision cf Me Deed of Trust shall not afoot the lag", validity or eRkmsbtW of any other paomort of the Dead of Trust Suou"ma; anrf SuW to any brnlakans stated to tine Deed of Trust on transfer of Grantor's 3owast, the Deed of Trust shell be wing upon and rune to the beinsh of the parties, their oxmimeors and anigris If ownm Mp of the Property beco rm vested ,n a parson other than Grantor, Lander, vrihout notree to Grator, may dead with Granlor'e suooeasom with reforeme to the Deed of Trust and the kidebledrrsss by way of ierinwanae or extension without raleasrg Grsnwr from the obWpaeare of the Deed of Tntst or bobiddy underthe Thte w of to Essomm Time a of the essence in the perfann irm of #0 Dowd of 'Rust ww" Jrmy An Ads to tilt D•sd of Trust hereby waive the rlp a to any jury trial in any moony proasdi gh, or OXW*Kddm by any P" WMM MW WW P" Yyahver of klormsatsad ExSmpiihm Grantor hereby relseaes and warm all rights and borWts of the horseafoad eoaempbon laws of the State of WaslungWn as to all Indebledresa Moused by firs Deed of Trust DEPWiMM The blowing aapxtahtxed words. and turns shell have the ie WmM rnea>wngs when used in this Deed of Trust Unless speorhowly staled to the contrary, all mlemu" to doper unounas stall mean amounts in lawful ffAney of the United States of Atrorim Words and berms used in the singular shall molude the plural, and the plural shall moluds tie singular, as fle wnlrrid may require tdbrds and terms not Morose defm•d in the Dead of Trust shell have the msvinuw attriwlad to such tennis in the llnlorm Commoromd Code fsanaffaary The word varefraW mum Keyam* HivivialAssoepfton, and tits suacrssors and assigns Borrower The word 'eomawee mesna LANPHEFtE PROPERTHA LLC, and all other persona and erhbtes aligning the Mote in whatever capacity peed of Trust The words Mood of Trust mean the Dead of Trust among Grantor, Lander, and Trustee, and includes This sketch is for the pu of shoal tare imabb gmral location of the Rmim without actual sus and Ticor Title assumes xxo liability in comrection with the same DEED OF TRUST Loan No: ONI (Continued) Page 10 wrdicut k mfatm all assignment and MWIdy auerest proMW& tatting 10 ife Prtsonal Property and Rsfa Data &The wmd"DvkW means the Debi& am bath n this need of Tnrat in the Mvtern trtbd "nafaufe' Event of D~ Tto words "BAW of Daiaull!' mom my of to waft of d*Wi set bM in the Deed of Trust m the worts of defauft section of this. Dasd of Trust Grantor The ward 'Grmnton" means LINPHERE PROPERTIES LLC Guarantor. This wad Uraran lor- means any puarefor, anraty, of a000rnrnodahan party of any or all of the hd*bledness Guwanty This word "GuaraW means the guaranty from tTuawdw to Lander, n*idmg wdhout linumon a queranty of ak or part of lie Note co tap i erode. This word ImprovernerW maane ail existing end future mrpronernante, buridraps struOkses, mobla -d~ fmornea all As an the Real Property, famxdbe % addthoes, replacements and other oenstruatwn an the Real Property a hadebbidisaiss. The word'lndsblednese mans aft Interest, and other amuntwider t ocows and w4nnm�se payabl* t� wider Note or Rg%bd Documents, togmftmer w0M err ranerrsle of, ormoslorms of, mods =Wns of. cionvoliclabons of o and stbegtrhoes for the Note or Related noournente and any arrmmerts expended or advanced by Lends to dncho w ea Grantor's obymystrmma or er<pemM marred by TrurpM or Lander to aidorca (ir nW% oDligahorms under On Deed of Trrust, togalher wdh mntenMt on such amourrte as provided in tlns Deed of Trust CID Lwwwr. The word 9andeP matins My9enk Nasonal Aaaoaa6on. as siroeaaam and ac clan C' Note. The wofd 'Noh' means the pranuwty rote dated August 1% 2M& In f11f3 flf%MM p1h)d�a! an10 nt N of $,3,W6"000.00 from &N tDr to LmNmder, lsgafher wdh all renewals of, amdamAorm of. modrfxraions of. rsfiremmngs +a or, omneokko ms of, and vAxMIuhenslor this ponraeoly noownente or agrt o Pan onat Properly: The words I%mwW Property' mean at equmpmoro. bdures, and otter arboles of pa bond papsrtr now or hereafter omed by Grarfor, and now or hens 0a attached or of ead ID IN Read property, t0getler with all aocessrcre, parts, and addrbom 10, all replacenlsntte of, end all aubdra4more for, any of such property. and together with all issues. and profits diatewm and proossds #nduding wdhout Ismtahoe sN mnei rancs proceeds and rsftmds of prammums.) from any sale or otter depombon of to Property Property. This word'Propety' means collectively We Real Property and the P"vonal property Red property. The wads "Pad Property' moan the red property, ei.Nm is and rate, as hllttim Clem bed ern lhms Deed of That Related Dasranente. The words "Related nocumette mean all p(onvesory (rotes, Credit agreentrnls, ban a�rtmerrmanfA gueran ft wm)ty apoomefe, ml�pt M deeds of tvd. Maundy dude, oollaterad mlodgagss, and sit Oyler nelrumente, agreements and docurnsfa, whether now or heladter wufing, emuled in oonteouon wdh the I ndebbdnaa, provided, 2W this Wmronmefal ndamnryagreemertte as not 'T tided DoeumenW aril ors not secured by ties Deed of That Rafe. The word 'RmW means aft present and future rents, revenues, mcw", =to% royalhm protda, and cow 1]ermafite denied from the Property Thefts, The wad 'rnrotee' rmleans 0wrerronweW land Trtle Insurance Company, whose m&Wg address is 12DO SnM Ave, Suite 100. Seattle, WA 98101 and any aubattmte at awoaseor tnrsteas This sketch is of ahowi the mate ral location of the remises wilhomtt acttW sure and Ticor Title assumes no liahili in connection with the same for the u erp .skr �s cm 0 as a•r m e� .cm •n stv DEED OF TRUST Loan Ncr_ 9001 (Continued) Page 77 GRANTOR ACKNOVAMOES HAYelG READ ALL THE PROV4SIONS OF TENS DIXD OF TRUST, AND GRANTOR AGREES TO ITS TMMS GRANTOR: LIMITED LIABILITY COMPANY ACKNOWLEDGMENT STATE OF Il;g.t" cy.,) _ ) ) SS COWMOF_ WAtSMITAG�nj ) On this ! tufty of I�41 w rx.s� . 2+0 ,�D-2. before ma, the urAemonsd Natitry Memhrr, mid MI pwxxMW ai arVhw*4% Mtl6 Mwbw of 06AI � PROPERTIES, LECi nand permna ly kn;" ton proved to me an to bens of sahafaotcry evxWm to ha of the hatted bWmWy aompwW the! executed the Dead of Trust and a0mWedged the Osad of Trust to be the fne and voluntary ad and deed of the kmited habtlty may, by aulhordy of stattda, its arhelse of orgarnuthon or to operating agrarnent, for the uses &A purposes therein me boned. and on oath atabd that they we aWhomxed to exemrte this Dead of Trust and in feat exetsuted the Deed of Trust on bshaif of the llmrkad imbdty ownpany . . Notary now irk emd for the Riess of .m dy eautretaalon =plrea wa�rarr�n OFFICIAL WAL C wURNETT NOTARY PUBLIC-ORWON COMMISSION NO 948e68 COhIMISSM EXPIRES AUG 8, 20Q6 a.; This sketch is for the a of showin the a rmtimate eral location of the remises without actual and Tiwr Title assumes no liabili in oonnectieo with the same I DEED OF TRUST Loan No: 9001 (Condnued) Page 12 �i REQUEST FOR FULL RECONVEYANCE To . Trine The undem pw is 1ha MqW awrnr and holder of aA mdebodum mmmd by thn Dead of Tnut You are hepeby requosWd, upon payment of al eurne owing to you, b reomM wdwut wwmnty, to ** persona entitled tharM. to ngh& tide and m6arest now held by you under the Deed o! Tru t Date Ranaaainrp or- rWLW" wv 511NA ow MMWFMM NMOM ka Ma naa MMpkeawNwl -VLVM PEWW MMUH vo TN~ P" I I Um .a. �a � as i ago cv m I m i cl-A 1 Q - CY i - �I4 � 5 t i i f I i This shetah is for the of showin the a roxiuwe geneml location of the remises without actual and Ticor TitlePSI assumes no liehil' in connecdan with the same i r RETURN ADDRESS: KeyEmk NWvnd /aeoold3on Moo code ENOF "12a 1 431 PWkDwIW Bled - P.0 Box am Elmo. ID BMW 11111111111111111111111111111. 10(it4* ASSIGNMENT OF RENTS �iDO_ 10D4 1B m Z e;. � Ref�erwlce # Of appiK W Addrttonal ore Rage ._ Grantor(sj Q 1 LANPHERE PROPEFME.'S. LLC ear Grantee(s) 1 KuyBw* National Association 0 R., Legal Dmnption• Lot 2& For 3 Bvdk4m Northerrta BSP (BSP-0144?2) voi 161 Plats. Pagss 8-11, being Now Lot 2 of LLA Fled No 95112OWS Addillonal on page 2 W*A Assessor's Tax Parcel ID# 1253800020 THIS ASSIGNMENT OF RENTS dated Augrlat 19, 2002, Is made and executed bettBeerl LANPHERE PROPERTIES, L.LC, An OrBgtln Lknfted tJabUfty ComParry, whose addreaa is 12D SW Canyon Road, BeawBrton, OR 97006 (referred to below so °GrmnW) and KeyBank National Asmbtbn, whose rna9ing address Is 416 State Strad, Salem, OR 97301 (referred to below as 'Lender'). td. j This sketch is for the ose of shows the rozimete 1 location of the romises without actual survey and Ticor Title assumes no tidbits in connection with the same y' 4k i ASSIGNMENT OF RENTS Loen No: 9001 (Con ilnu d) Page 2 ASSIGNMENT. For v4akaMe coR*leraftln Grantor hereby mlgrts, gram a corltlnulltg security Interest In, and corere" to Leader all of Grantor's right, tills, and Interest In and to the Rents front the following deemed Property located In King County, State of Washington: NEW LOT 2 OF LOT LINE ADMSTIVIENT MAP (BEING CRY OF RENTON FILE NO. LUA4s-1874.LA) AS RECORDED UNDER KING COUNTY RECORDING NO. 9511M006, BEING A PORTION OF LOTS Q S 9 OF BURLINGTON NORTHERN BINDING SITE PLAN MP-014" AS PER PLAT RECORDED IN VOIAIW 161 OF PLATS, PAGES &11 AND UNDER RECORDING NO. 92002025W SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON The Property or Ifs address is commonly knows as 3701 East Vefley HIghunay, Renton, WA K- 9007. The Property tax Wentiftedon number is I259bDom CROS6VOUAT8RK=TION. In addAbn to the Not», this Assignment secures all ob4pbons, debts and ImMiti s, plus ca mMrad thereon, of Grantor to Lander. or any one or more of them, ra vote is su darns by lender sgnrw Grantor or any one m or more of them, vrlelhar now entnig or heresdIN amens. whetter mkmd or unreisded to the purpces d the Noma, whether voluntary or othenvin, whether due at not due, direct or incbwot determined or undetemnnsd, absolute or contingent, a*s hquidntsd or unlignedsted whether Grantor may be habfe mdnwolly or fwnty virtu ofhere, whether obhgetad n guarantor, m surety, socommodapon party or d tarot. end whether recovery upon such amounts may be or hernftar may become a= barred by any etrtWs of bnntahorm, and vrhathw the obligabon to repay such amounts may be or hereafter may bwonw; otherwais urentoronble ex . THIS AM161iMiENT IS OMEN To SECURE (1) PAYMENT OF THE WDEBTEDW= AND (2) PERFIOWM10E OF ANY + � AND ALL OBLIGATIONS OF GRANTOR UNDER THE NOTE, TW ASSIGWAU r, AND THE RELATED DOCUMENTS THIS ASOMM ENT IB OWEN AND ACCEPTED ON THE FOLLOwNfG TERM& PAYMENT AND PERFORMANCE B000$ as dherwme pmv1ded in this A wgriment or say Retabd Oocurrnenh, Gnuitor shal ppaayy to Lender al announts secured by Yes Aworrnent as they becorns due, and 901 tdnally perform &I of Gramm oblrgows under this AnGnmentnt Wow and armful Lender wov own do rightto ooMmA the items as provided below and so long an there a no de(auht under the Angnmeunt, grantor may reiri mn in P*Mnm and Control of and operate and manage the Properly and ooeeot the Rents, Wovrdad that the Wanting of the right to collect the Ririe sW not eorimie Lender's oonsent to the use of cash ookunil in a banlmiptoy proond ing GRANTOR'S REPRESENTATIONS AND WARRANTIEL Graottwwamuft that Oenarahfp. Gnintor is sntWed to reowm the Amu fray and otter of aft rights, Were, haute, mvcumbraness, and therms except as deWosed to and ampW by lender to wetting RWd b Asstyn Grantor #rat the ful right, power and wdwnmy to enter rrto thus Assrgnmertt and to ass<gn end oomrsy the Rents to Lander No Prior Asftmient Grantor has not prevnoudy assigned or conveyed the Rena ID any other person; by any instrument now in torte No Furdw Trane1w. &renter wA aA sell, assign, enounber, or othennee depm of any of Grantor's nphte in the Rent -1—pt as provded Fin Utrs AseVernwt LANDER'S RIGHT TO RECEIVE AND COLLECT RENTS. Lender shah haw the Fight sit any time, and wan though no dafadt "I have oomeM under the Aingnmerr, to adbot and raoenve the Rams For the purpose, Lender to hereby given and granted the foYDwmg nghis, powers and suthonb Notlse io Tinw te. Lender may amd noboss ID any and all tertsnrro of the Property adwmg them of the AssDrarm nt and dnreohng all Rents to be paid dnioW to Lender or Lender's agent Fatter #0 Property, Lender may enter upon and tabs possimon of the Prop"i demand, ooleat and ►eoenre from the tenants or from any otw persons Iebte therefor. ant of the fiats, tnshbne end carry on all legal promdoe neoeaeery for the ptotsobw of the Properly. rlduding such prom tans as may be ni; n ry to mcowr posseasront of iha Property, w4oct the Hints and remove sny tenarft or t wft or other persona frorn the Property MdnfdFi f w Property. Lender may enter upon Ufa RoperV to marttam the Property and WDp the same in repair, to pay to costa thereof and of all sennon of ae employees, vwki rep they equipment, and of all continuing cools and This sketch is far the u remises without of showing the a ximme carat location of the achW survey and Ticor Title an mees no Liabili in conomdon with the same 1 � r ASSIGNMENT OF RENTS Loan Na 8001 (Continued) Page a oWenses of maintaining the Properly in proper (spar and oohdtnam, and also So pay all taxes, assess"rft and water utnhHes, and the premiums; on Ise and other msurews effected by Lander on the Property %brnphmw w ift Lea& tender may do any and all things to OxWAe and cry with the laws of the Stale of Washmgtori and also all odtsr In", rubs, ordam ciftarim and reqursmerits of all other gow6mmentaf agencies allectirm the Propety Lower the Property. Lander may rent of how the whole or any part of die Property for such term or farms and on such rxxdhtions as tinder may doom oppropnele Employ AgaithL Lender may engage such agent or spents as Lender may deem appropriate, either in Lender's name or in &wdoh" s name, to rent and menage the Pr &V. incudmp the cdkcb m and spQlication of Plants ON»r Aefs. Lander may do aft such other things and soft with respect to the Properly at Lender may dssm appropraria end may act exclusively and ad* m the place and stead of Grantor and to haw all of the powers of Grantor for the purposes stated above No Regthlemte nt to Act. Lander shell rot be ragrahad to do any of the foregoing acts or ftig;s, and the fag tied Lender shall have performed one or more orl the foregemg sots or things WW not require Lender to do any other speadre actor thong APPLICATION OF RENTS NI cow and eVerneae incurred by Lender in com odion with the Property shall be for Grantor's ecaCuht and bonder may pay such coals and sxpenese from the P&Me Lander, in to solo duoretion, shag detemrwne the appincat on of any and an llama received by rr, however, any such PWft necarved by lender which we not applied to such costa and expenses shah be applied to the hdebdtrfftw AN expenditures made by Lw4sr under this Amps rent and not the rehmburmd Ham the Frsntsshall become a part of the IndebEsdnees scoured by this Asergnmert, and "the payable on . a. demand. with interest at the Note rats Hon► date of otpendaurs until paid sa FULL PEIFOAL A M N Grantor flays AN of the tndebtednew when due and atlrerwtte performs all the olikgsuons unposed upon Grantor harder flea AswWwrtent the Note, and the Flelated Dolmans, lender shelf exema and deliver to + Grantor a suitable satafacka of this Awrgnment and suitable statorrwnts of WminaWn of any finsnerng shaten ent on file Cr evidencing Lender's sewirly interest in to Rents and the Pmper(y Any hinny airon ke required by law eheln be paid by °w Grantor. d permitted by applicable law a.4 LENDER'S EXPENVITUM N any action or proosed ra is commenced that would materially of o larder's mtarest in the Property m oar limited Grmml farh m io dhs a or any y provision any a Grator requireddischarge or play under that t Asargnmwd or any Mead Dae marls. Lender on Gnaw% behalf may W shall not be obligated to) UM any action that a Lender deems appropriate, including but not knrmd to dhsohsrgrng or paling &I taxes, Hems, seoui* rntersam, wn=nwwicas ,1C and other clams, at any im a NmW or placed on the Rents or the Property and eying all costs for imunng, mm ott+rang and to prsservang the Property AN such wgnnd -,-- mwmod or pad by Lander for such purposes will Shen bear interest attfta rats charged tinder Nte Note from the date incurred or paid by tender to the date of mpsyrneal by Grantor All such axpeness will become a pact of the Indebtednsw and, at Lender's ophm, will (A) he payable on demand, (0) be added tD the balance of the Note ewo be apportioned anw a and be payable with any inst ftnerd payments to become due during either (t) the term of any applicable insurance pohrry, or M do rerrhaannng thiwm of the Nate, or (G) be lrestsd as a balloon payment which will be due and payable atom Noteb maturity The /mshgrwmnt also wdl wars payment of thew amoums Such right "be in addthon to ag other ngbts and remediesto which Lender may be enthMd upon odault DEFAULT. Each or t *following. at Landon opbarr, shall consttute an Event of Defallt under this Aaegrhment Psyownt Dipladt. Grantor fads to males any payment when due under the Indebtedness Outer oehwNe. Grantor fella to Comply with or to perform any Other tam. obligatorl, Covenant or oendrhon contained in this AaWrnemt or in any of the Waked Doou merits or to comply with or to perform any farm, obligation, covsnarn or condition Contained in my other agoernerN between tender and Grantor Derenit on Other Payments. Falure of ManW won the time required by there Aseugnment to Melia arhy payment for tenses or insurance, or any oew payment necessary ib prevent hlmg of or to elect dhaohage of any Ion Down k Favor of 'nhtrd Pwdes. Grantor defouhs undo any ban, extension of credit, seamgt agreement purchase or sales agreement, or any other agreement, in favor of any other cradaw or person that may maftelly effect any of Gantor's property or Gnvom' ability to perform Grantor's oblK*ms under this Assignment or ,any of ire Related Docrunanle Environmental Default Failure of any pity to comply with or perform w$nen due any term, obligMion, convanant or o0m W= contained in any errmcrwmertal agrearnme aomited in dorwxac m with the Property Fairs Sti f nerds Any wamwxb►, representation or statement mads or fu niched to Lsndsr by Grantor or on Granabr's behalf under this AmenmeM or She Related Documents to false or mwtesdmg in cry faunal mipsc, ether now or at the time made or fumhahsd or becomes Huse or mxslawke at any time ftm dW This sketch is Con the of showivikesumatainerall location of the s without actual survey and Ticor Title assumes no liabilA in Connection with the same i 5 ASSIGNMENT OF RENTS Loan No: soot (Continued) Page 4 Defeefiae Comae rmthaftm Thee Assignment or any of the Pabded Doaurnents cosset to be m lull !coot and mtfmct Oncluding fmkue of any collateral document to croode a velid and perfected snotuny insersat or Icon) at any Wit and for any renrstxt Doom or kmm* n The dowhow of Grrt aft Osawdless of wiwfher eNodon to ma Arm a made), any mombar Wdhdrtws from;: hrrrbd lurbrhty company, or any Over tarmumbon of Grantleft srastenoe as a gang buanaas or The dealh of any member, tw kwhoOnry of Grantor, the appomw mt Of a mcdv r for any part of Grantaft property. any aseugnment for to bwAdd of waddDM any type of mdrbor workout, or uw omtrms 1mimit of any proceeding under any bankruptcy or neokwW laws by or agars! Grantor 4redRw or Parknwe Immeembegs. Oomttwnosnrem of faeolomm or fodeck" proceedings, wb*wr by yudraml P t^p. a P� leP awn or mY ataer method, by any mod kx of Grantor or by any gaverr mnW agency against the Herds o► sin/ properly esatrinp the lndebfsdrteas Thq etnittdee a partudtmant o1 arty cf (laranWr S a000tmb, rrucludtrtg ttepoete aoceuntat vrrtt lender Htra�rwsr, thta l3vent r>f nebr,h efaM rrot apply tf than w a good forth oiralatta by Gtacrr6nr as to tw vaidrgr tar rearsartetbferaese or the !teat whkda la the bttsos Of the oroddar or tnfiertlrrm proceacfinp end d at,, grantor gwee Lander wttm rooms of tw cwotrtor er foriNture ptooerdmg end depoteb vAda Lertdx monase tx a Wray .o- bond for tlw oredtwr or fodertuurs proceedrrtg, m an amotrnt determined by Lander, m de sole dretlrehon, os totting an _a adequaft tsaetve or band for the dmpWA ad Properly Damage or Loss. The Property Is last, stolm. subslani ally dameped, acid, or bommed ago nd e Events Affecting arrrranbr Any of to preceding events oocrns with resped to oily Guarantor of any of the Indebtedness or any Guarantor does or beoanes< rnaompatent, of revokes of drtlpube the valnddy of, or babMy undo, eV any of the ktdebedron In the avenl of a dstlh, gender. at as apbon, may, but" not be requued to, teal psrmd�nlwls twtlde to assume uncanddronally the obleahons awe under the guaranty in a rnaamer am mbdeotmy to Lender. and, rn doing so, con oily Bm, al Default oegR Advaas Change, A nmWnal occursEnteral coadmon, a Lander bdwm tiro proWoot of prnent pmfu C2, Itmeam" Lender to good Isrtlt believes rdrelf insecure .ay Owe Pmwbl ee. If any default otter than s defattlt M pgMwa is mmkbb and it Qantor has not been groan a notice o1 a breach of the same prommon of this Asergrrmem wOM the precedsrrg balm (12) montm Ft may be cured (and no matt mf defadt mil have ooaurodj it Grantor. esker N*Mv tg wMm m6om from Lander dsmwKWQ cure of such default (1) crooks the default wlggrl Amen (151 days, or 0 rf the we nmubw more don I t m (15) days, immediately mrpabe steps whroh Lender deems m Loodar'a sots tlmorebon to be sWbmm It to we the default and teta*W om mms and oompletes on maaonsble and necessary slaps auffamnt to produce oompYuroe m soon as reasonably practical RIGHTS AND REMEDIES ON DEFAULT, groan to cocurmos of any !;vent of Default and at any tome t washer, Lender may examen any one or more of the fotbwmo rights and mrtedws, in addrtmr► to any otlwr nghts or =*dies pronded by law Aaederala huMbk dmmm Lender shall have the nght at As option without notice to Grantor to declare ttw antie ktdmbtadnsse immedmWy duo and pay", nNu6ng sty pmpayrrwnt pamallywhM Grantor would be roquswd to pay Osieaf Rwm Lendershell haws tw nplrt, without noboe to Grantor. to tske pomea t of the Propergr and collect the Rants, mafudrng amounts past due and unpaid, end apply the flat proceeds, over and above Lendsr"a costs, against fiw kK4bbdness In ltudmana of tee nptttt Lander shall have all ate nghte provided for m to LmxWe Right to Recam and Cabal Rents Section, abotw. If to Pots we collected by Under, than Grantor rmr xxmWy des+gnabs Lender as Grento0s. atmmeyirrlaof to endorea inaournents reound m payment thereof m tw name of Grantor and to negobate the earn& and collect the pfaeeecla Paymeola by %na nIs cr other ureers to Lmler m response to larder's dernaird avltali sabey the obpepom for wtsch the pronsnts are made, whether or not arty prolow grounds for to demand smstad Linder may mums c , rls rights ender tea "pefagnWh either rn prison, byagent, or through a romww Appoint Reeetar Lender shall have tw rkght to two a reosrver appanbd to take possesslon of all or any part of fhe Properly, wdh the r to protect and preserve the Properly, to OPWIP the Ptoperty preceding or pmndrng foreclosure or ads, and to �tne Rmb born tw Properly and apply the proceeds, oar end above the cost of dw raoetwrship, against the krdabbdnmss The moswer may sarm wttwut band d pamulbd by law Lend a right to the appantment of a recamer shag swat wlwkw or not the appmen value of tie Pmpo* oI F, - 1s #roe Indebtedness by a subdaribal amourd E rnployment by Lender stroll not dm:RW yr a person from samno as a mcerver Olhw Rmwdko Lander shell havve allotter nghb sad remadws provided m fMs Assignment or the Note or by law t bafta of 11samMes. Etchers by Lomdw to pursue any rwnw: y shall not wmkK* pureud of arty Otter nsrnedy, and an obabort to make etquendunuem or to tale aeban to perform m abltgaWn of Gm wr under trot AmW"wnt, salter Grantor's fshum to pwk m. WWI not affmot Landees nght to declare a defandt end ate sm ds mmedoee. Aflmateye' Fate; lurpae WL F Lender irtshWtes any sort or action to enforce sty of the tests of this PasrgnmeM, Lender Ad bin OdMed to recover each sum as she oast may adlucip matsonaWe as alAomeya' isms at trwl and upon This sketch is fnr the u of showin the imWe location of the WVwithout actual sure and Ticor Title assumes no 1tability in connection with the same ASSIGNMENT of RENTS Loan NO: W01 (Continueo Page 5 any appeal wisther or not any court soon a Involved, and to the extent not proliibansd by law, all reasonable mpernes Lander rare that in tinder's op mon an neoessarlir at any tarts tot the pro%Mn of ifs intim rt or the entorosmant of Ile rights shall becorne a part of the Irldebtedr*m payable an demand and shall bear merest at the Mote nabs torn the date of the ecpermhu a unto repaid Brpenses covered by the paragraph atdude, wrlhout hmdabon, hovmer eubpat to any knots under applicable law, Lender's aUomevw Jea and hander's NOW euiperms, whether or not there a a Imar A nolitdtng attomeys' fees and erpenams for bankruptcy promednps ¢ndudmg efforts to modify or mmids, any autannbe slay or NVUWhon� a 13. and any anticipated po*PdWm m eoleer eatim 008% the coed of searching records, obtaniing tale mperts r;forodowns reports), reports, and appraisal tat, title insuranm and toes for the Thicbm to See extern Pemettad by aWmeble low Grantor also wdt pay any court costa, in additn to an other sums praNded by law U13MLL-AN©OUS PROWU IONS The tolow ng mrsoellaneous pmvrgona are a part of lh*A @Qncnent Anenstrne b This Assignment. togsdrer vain any Related DoMMU tt, 00"lit rule the entire understanding and agreement of the perba >a 10 Sea rnmilen set forthn Um Aem irrient No ajurahon of or ernendmeM to the& Assignment 9WI be eNeotrve unlsae groan in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment Ctejltion Ftm&NV . CROW hsaduW in this Aseennterrt we for oonvemence purposes only end are not to be used to inimpi ordefuwe See prowsrons of the Aeegonaent Gmmrnl" Lehi TIIte A mWment wlN be govarrnrd by, ooaaftlsd send aMerard le mtnr oManae tllrth federar Jaw and the lawn of the Stets of Oregon, except and only id ilia ffids oh prooedwal wattete hesmisd to gw perfection +.+ .� and eirdomernmt of Leade'a flghilm and r1 110 "me agalnat the Piepa7y, sdiieh reaitsra AM be governed by the laws of the Slab of YYaamnobn. Hommm, b i it0 -vital that the albrosa my err vmldtiy of may pr&A*m this � Assign morel is challenged ar q-, -de @4 at" prowiMon shall be gomnmd by wblof ~ appillowe etat -or `^ federal lawwould uphold or would adores UM ette10fted or pre kk t The Join bunsatlon iidacA Are Noss ills Asdgnismit lass Arms applied for, oonaldered, approved and node, sr&d all is evidenced by and rtaaesattry balk dasrraarrts Crave bawl aemepMd Ity LeeNler Mt tiro Sticbe of Onager. mot MsW There shall be no dborof to mu"st or estalis created by this assignment mth n n by or L or far the bwwM of order w capacity, itiout wntfecontent Lender tme tl e property aany bheld t�'s In all Dees where them a more titian one Borrower or emnbor, then all words used n this Assn��the�smWlar shall be deemed to have ben used in the plural where the eointext and construction mo sv regurre (2) 1f mom than ors pwm signs this AmVmx nt as Ya'rantor,' the abligatm of each flrarrtor am scant and This thst d Lender b nngs a Immoral, Limiter may am any one or more of the Grantors N Borrower end `m several means the Lender need not we Borrower ihrat, and that Borrower need not be joned in any a� Grantor are not serne person, kwaun (3) The name given to paragraphs or emotions in the Avemnmant 06 for convenience Purposes only They are not to be used to mlimpiet ordehrn tine prowslons or this AsKrkment No WbKW by Lender. Lender shall not be deemed to have waived any nj;dnta under this Assignment unless amh warner is given in wrahng and signed by Lander No delay or omraeran on tto part of LwKW n axen ono any right ahmll operate as a mw mr of such right of any other right A waiver by Lander of a provision of them Assignment shall not prqud" or conshko a waiver of Lender`s rnyht othemm to demand 00 aemPhmnos with that MOM= or any other prow wm of rive Assignment No prior warner by Lender, not any eourae of dealing between Lender and Grantor. shah oonshlute a waver of any of Lender's Figh s or of mny of Grariler's obloatione es to any lime trammachom VYheimm the conmsm of Lender a required under 1hw Asaegv&meM, the granting of ouch consent by Lender in any natance tW not oonat&ft oorrbittarng owma to subngmvt elstainore where such consent is required and in all cease such consent mey be granted or withheld in the sate dutvebon of Lander Nobeee. Subject10 epphoable law, and exoeptfor nobom required or allot Ad by law to be given. m mriciMer manner, any notice regcmed io be grim under to Aaigmnerit shall be Vven in writing, and shall be effschvs who actually delivered, when actually recennd by "Wao mde (unless otherwise required by lair). when deposrmd with a nationally recognized overnight minor, or. rf marled, when deposited in the United States read, as toss ohas% certified or registered meal p~ Prepaid, drreeNd to the eddmsas sbovm naa tlta bsgnrang of this Assgnmem Any Party rnsY eh"Ce its address fa not= under the A pinan by giving formal wither nooses to the other Penes, tspewfPng that the PorPm of the nubm is to diange the parVe address For mice Purpoms. Grantor agues to keep Lander mformad at all times of emr&tor's current address Subject to applicable law, and View for now required or allowed by law to be given in another manner, if them a rinore than one Grantor, any notice given by Lender to any OMIOr is deemed to be notice given to all Grantors Powers of Atitm my. The various agenaa end powiera of abonnsy conveyed on Lender under this Asssarinent aver granted jar purposes of security and may riot be revoked by Grantor until such time as the earns are renounced by Lender SemmMy. A a court of casrips%mt junadictvon linds any prowmon of the AetiVMM to be illegal, irmand, or unenfomable a to any car umdarms, that finding shall not make the dHendmg provision illegal, nwaisd, or This sketch is for the of showin #re a ximete generol 1wmiUori of the remises witho actual surimy sad Ticer Title assumes no Min come ction with the same .a .O el ASSIGNMENT OF RENTS Loan No: 0001 (Con0mied) pop e uafenfclosable w b any other oimi Blum I %mble, dw aftmk pmvmon OW be consadand mode nd so that st bsoomee fega6 valid WA enforceable I the oftanding pwovision csmot be so modrfisd, it shall be carwWwW deleted fman thisAmWmitant Unless ofm met »quamd by law, the illegality, m alft, or wwiaroeabdrty of any prommon of this hnenment *Wl not Watt the legality, wkdt$r or wtlarceabdaty of any other p vAmon of thn Aesen niam. Smemm" and Asalpue. Sultlrct to any lanrlsbom stated in this Assugnrrisrit on twiffi r of Onlnk" lnieratt, fie Assigromit shall be bmds►g upon and pure to to borstal oft dwr wimessoms and aatons I' ownamhtp of tine Property becorrm vested m a poison other 8ten &orator, , w tam robot to Grantor, may deal with Gre ttor's suCeessort with trrkarow to this AnGnmrent and the kidebtednes s by wq of kd*akmnw or e4wwon mthoul releasing Grarttor from the obkgatlons of tut Angrunim or babdngr under fha indebledness Tula fs of the Essence. Irma is of the essence m the pedanm m of this Asag nwi t Won ,fury, ATi pa reel to sift ANlgnrlteaI bwm y valve the tdfkt to awry pry Enid In play adlori, proeeedkil or oopineemmm we"m by any party aga m my cow psi* tItlI1 M OF H0V0 STEAD EKSaPTIDEtI. Grardor hereby relsaaes and wwm al nghfa and berwift of the homestead "wriplion lam of ere Stain of Washrrigton ao to all kMabtodrtess moored bythe Assownenl ItfWM OF RIGHT OF REDEMPTIM NOTIATIMANDM ANY OF THE PFOASION S TO THE CDNTRARY COWAlh1ED IN THIS ASSGN1t MT, GRANTOR HERBY WAlt/l_S ANY AND ALL IilOtfTS OF REDUFTtOfsl FROM SALE UNDER ANY ORDER OR JUDGMENT OF FORBOLOSM ON GRANTOR'S BEFW.F AND ON BEHALF OF EACH AND BfFRY PERSCErl EACEPT JUDGMENT CREDTTM OF GRANTOR, ACQLIRING ANY INTEREST IN OR TITLE TO THE PROPERTY SUBBEQUEW TO THE DATE OF THIS ASSONMENT DEFIme"S The t dowmg capih stl words and tams stunt !rave ilia fallowing maemnge when used in tw Ame gnranen UnIm speonhcally visited to alto contrary, all roferertova to dollar amounts shall mean amcurb in Isdwft+t mortay of the Unttsd 8tatea FF Arnenoa %brds end temp uud m sus singWrr aW include the plural, surd ilia plural shall mckrde ohs uvirtippuuilay sa the oam m may require Words and terms not eetartwaa dehnod in to Iissupnment shall !rave the meamngs attributed to such tennis in fro L%dorm CorrameroW Code Atelpnatart. The word Aseigrrnsar mesastea Aa Wwant of Rants, as this A"amrmd of Rante rnmy be wmwided or rnoddied from tune to tints, together with d ewhibds and whedukis atldted to this Auisuetmwt of Rents from tma to time 0mvie r. The wad 'Bcisowse means LANPHERE PIKE MIA LLC Defas& The wad " om& means the Detiault wtfath in this AurWwm t m the section btled -Ddnlr Event of DNaull Them 'Event of DefaX mean any of tie aw ris of default set forth in fire Assignment in the default secow aF this Assignment Cfnantw. The watt Ytiantor' msaris LANPHERE PI MA LLC Gustanlm'. The word %hww tar mme any guarantor, surety, or aoomm odmm party of any or ail of the Inda6lodi t3itaranty. The word GuwaW means ftra guarutgr from Guurwdw is Lender, inckidire without knteAm a guaranty of all or pet of to Nme kidabledneve The woed'la adobtiadneee" means all pnnwpal, &tenet, and otter amowtt% oods and expanses pwALbte undo Ihs Nape w Related Dommattts, together wA all tanswals of, exlenecris at, mcdrbaadmns af, catsolydabohar of and subd uboris for tie Note or Related Dodrrnents and any amouflte w pendad at admod by Lender to dwoharge Grantor's oftebim or experwee rmrred by LsWw to raft Grantor% obkgm , under tut Awgriment, wgsidw with ter -1 oat an such ammft et pmvded in tmAnKnim m Leader. The wad "Lander means KeyHank NratwW Assocabon, da successors and aesrons Nate. The word -Nwe' maaris the proms s«y note dided Au" 1% MIA In the 00011111 prof ChMI SMOUld at $%0% 00.00 imrn mentor to Lander, together with al mwmale of. sidemen of, rnoddifioaborte of, mhft tanw at, ooneclidadwm of, and ubmullicirms for the promesory noes or eereement PmpwV. The word 'PropW moans all of Grantor's ngfd, title and interest in and to all the Property as descried in Erie "Assignment" wcbon of this Assignment Related Do umments. The worda'Ralated DmwnwW moan aI promtsaay none, credit agreements. loan sgmemente, envuonmertal agreements, gtura den% wounty agraemwts, mortgages, deeds of trust, securrdy deeds, adki<tsr I nralgo^ and all other aridmnx rite, agmei r n4t and documeft wheflwn now or hwmb4 sir existing, executed in comwakon with the indebnnbtsres Reiss Tiro word 'eTsrda' meant salt of Granlonti prevent and hjWM rights. MW and interest in. to aril under any and all pmwd and future loaves, &dialing, without bmitation, ell ronffi, menus, atoorna, issues, mysibes, bonuses, accounts This sketch is for test of showin the roouma a general location of She ices without actual sure and Ticar Tide assumes no babili in connection with the same ASSIGNMENT OF RENTS Lam No: 9001 (Continued) Page 7 roeaw", oeeh Or sommly depouln, advance rertgde, profits and proceeds hom the Property, and a&w-pgmunts and bent" dwww w io be JwNed from such leases at awry fond and nature. whodw dus now or Itder, moludtng wtthcut Mort &ar wft VM to enforce woh bases antl to moew and collect payment and proceeds thefattnder THE UNDER$KY&ED AC01OWLEDGES NAMING FIFAD ALL THE PROVISIONS OF THIS ASSIOM NT, AND NOT FRIMNALLY CUT AS AN AUTNORM SONER, HAS OWSM THM ASSIGNMENT TO BE SIGNED AND E)IECUTED ON 11MIALF OF GRANTOR ON A"JRT ia, 500L tt+ C:x a� an 41-4 LIMITED LIABILITY COMPANY ACKNOWLEDGMENT � •t ev STATE OF O P.�•trOeV } t� ) COIINTyOF WArsoltififMoon ibia day Of /�f�a urn NmW a, per�w ap mm R mom Member, Roberr D dr.,Member,, Sharon Lena, Member, and Mary Lanpb*-YVIQQw% Me ah - of LANPNERE PROPERTIES, LLC, and Personally krawn to me Or prayed to me on the bay of sat tototy w dwm to be Of the Iended letbMy company thra wwouted tee Amgnnwd of Rears and ackaOwwdoed the Aswpnmertt ro be the free and vokjrttary act and deed of tro ktnged kabait�► company, by or ds rabrig � Jor the too and purposes 111"n and i on oath alakad Ow They am eutho phedtoexecute to Astagmtent tad ee�ed Me AmgnmeM On behalf of the { kmdad kabtkty Company t ByfdIAJIA.aJRf Res"et ITOR,'='L"b- aft Notary PUble M and for to Sb ft al My eomMleeton e><plrea g' r /Zees' WOLWInr Yw goNM aw anbwn—M2Wa- he OW tM MWOU91Hi1YM .W9= NlkPMW iNAW4f9 T&~ M•M OFFICK SLAL a BURNIrTT NOTAF Y PUSUC-OREGON COMM16SION NO 34855e MY t,OLIMISSION EXPIRES AUG 6. 2005 This sketch is for the of showin the groxivlW Sencral location of the see without actual ann and Ticar Title assumes no liabili in connection with the same I RETURN ADDRESS: Keyaank National Aseocla*m 800 Superior Ave. 9th Floor Clevelaud, Ohio 44114 Attn: Mary Korosee OOH-01-02-0921 11111111 11111111,1W 11111111111111 DEED OF TRUST DATE. August 26, 2002 .r Reference # (if applicaWe)• Additional on page — Grantor(s) c� 1 LANPHERE PROPERTIES, LLC asr GrantWs) 1 KeyBank National Association 2 Commonwealth Land Tale tnsurartce Company, Trustee cre• ?� Legal Descry Lot 2 & Por 3 Burlington Northern BSP (BSP-014.92) Vol 161 Plats, Pages 8-11, Being New Lot 2 of LLA Roo No 951129900E Additional on page 2 Assessors Tax P$MW IDO 125360002tf MAXIMUM LIEN. The Elan of this Deed of Trust shall not exceed at any one time THIS DEED OF TRUST Is dated August 26, 2002, among LANPHERtE PROPERTIES, LLC, An Oregon Limited LiaWi ty Company, whose address Is 12520 SW Canyon Road, Beaverton, OR 970M ("Grantor"); KsyBank Nethmal Association, whose mailing address Is OR-Mgpraulde , IONS SE Main Street, Mllrwwkls, OR 9= (referred to below sometimes as "Lender" and sometimes as `Benallich "); and Commonwealth Land Title Insurance Company, whose mailing address Is 1200 Sixth Avenue, Suite 100, Seattle, WA 98101 (referred to below as "Trustee"). This sketch is far the of ah the a ftnwe eneral location of the remises without actual and Timor Title assumes no M in connection with the same DEED OF TRUST (Continued) Page 2 CONVEYANCE AND GilANT. For vale" cons:deraiiov4 Grantor coawsys No ihratm In true# rrllh power of eels, right pf entry end pttem*Wm and for the bensllt of Lender as Beneficiary, all of a aehbra rdl[ Oft &W aMBr9at i1 and to to fdlowrg described reel Property. WQelffer with all exmbrtQ or sutmWeruly aremd or alfeced buidnga. Irriprommb and fodures, ar ea smuerrm, n" d way, and sAxaleris iew ao water, water rphb and ditch relft (rrck4ft sbdt n utft6es ores. wah ditch or v a), and of O&W Mhh, "Isb . end prdb to"reel �rq rty without is"Mn +r ai nirwrels, oi4 gaa, yeolhmmet and swrAu matters, (the "Reel P o�y') locait3d in MNG un1y, Stale of v WmIthigton: CCP � NEW LOT 2 OF LOT LINE ADJUSTMENT MAP (BEING CITY OF RENTON FILE NO. eas LUA-94-7574" AS RECORDED UNDER KING COUNTY RECORDING NO. 9511299006, BEING A PORTION OF LOTS 2 & 3 OF BURLINGTON NORTHERN BINDING SITE PLAN cy (BSP-M4412) AS PER PLAT RECORDED IN VOLUME 161 OF PLATS, PAGES B-11 AND UNDER RECORDING NO. 9206302696; SITUATE IN THE COUNTY OF KING, STATE OF err , WASHINGTON. o The Real Properly or Its address Is commonly blown as 3701 EAST VALLEY HIGHWAY, ` RENTOK WA 98W. The Real Property tax Wendt edon number Is 1253600020 CROSS-OMI ATERAt8ATION In addition to the Note, #6 Dead of Trust soma as oftsbcrn, dahis end Yeblioss, plus rKareel Comm. of Borrower tc Lender. or any aria or mare OF forry as well es 01 ofeerra by Lefider epawM I30n ewer ar cry unr or more of them. wlwarer now mr -1 or twreefler ansmhg, wAhsMer related or unralemd io the pLepow d the Nabs, whether vohseory or otherwise, whemer due or riot derv, drebt or mdvwt delermrwd or wx*terrrwwA abadttbe or cowcant, Imiudabed or w&" detad *m*wr Borrower or Granbr my be le"s ndnrtdually of !Sandy with dhers, whether surely, yh my boomm barred by ram, wit W*her ft cdgebon in repel such amain: may be or heredar may becorne otherwise urardoroseble R>2 MVING L NE OF CREDIT. Spedtkalfy, in addbon to the smotnts similled to the kWWbbdnm daflnlikiN and without I mItAlon, this Dead of Them socti s a reivolvhng brie of rxed1l with a vwriabfe rate of Intereel, which old Lender to malts advances to Sonvorrer oa long ea Barium twiplies with an the terms of fits Nobs and the line of creels has riot been tsnnktated, mopm* d or eaneellet. the Now alms negative amartizallon Funds reay be advanced by Lender, repold, and subsewmrAy readverrcad The unpaid balance of the ravdvft line of onedrt Bay at certain im so be lower then Ste amount :harm or tarn. A sera bala o dam not termirtate the Ins of cretin or lerndnate Lender's olefgsblan to advance funds to Borrower. Therefmr, the Bar of thle Deed of Trust will famaln In full fovea and effect rwri ilisho kng Bay Boers belrnce. Gramor herebyr assigns as seotedy 10 Lender, all d Gionlors nQttt, titles and aNered in and to all lessxw Pettis, and pintas of lha Picip" This assrprvtwnt w foeorded m a000tderm wth RGW Bs this 070, the tan eeated by tlrs assWerrmtf w eNertded to be Weenie, perfected end dtoata upon the rocordrrtg of time 1]eed of Trust Lander tlra►rls b Granbr a frcertaa m the Renis and proYb. W ich Yeense may be revoked at Landers option 04 shell be eutonreba* revoked upon swelwabon of all or part of #ore indebtedness . TM DEED OF TRU$rr. Wf:LUDWG THE ASSIGNMENT OF FMIB AND THE 8EC11Ri1Y I TTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT' OF THE INDRISTEDNESS AND (a) PERFORMANCE OF ANY AND ALL OBLIGATIONS UMER THIS OEM OF TRUST. TNS DEED OF TRUST 18 GIVEN AND ACCEPTED ON THE FOLLOWING TEIVIllk GRANTOR'S REPRESENTATIONS AND WARRANTIES Gfanix warrarim VW (a) btw Deed of Trust ah exectMad of Swowere reclad and not st dw request of herder; (W Graraor has the hill power. n^ and auto* m arcer ntc floe Deed of Trim and to lhypoImMe ft Property. (o) the prwsiom of thus Deed of Tnmt do not owTW wan, or restit n a debtdt under any agreement or fader wauu=nt bttdrtQ sport Oranbr and do riot reatdt n a vrdatron d any law, tegulaeon, court decree or order applicable to Grario, (d) Grantor has establislud edequele meerw d cblet " from Borrower an a oorbxuV thtw>6 mlormaim shout Borrowers pnanchal oot &m% and (a) Lender tma made no represerftatm b Grantor about a wmer (mtdth M without lmtiabon the msdeworll mu of Oman* GRANTORS WAIVE,M Granbr wames all ngMs or dutenaes wall by reason of arry 'one acW or "anbdohmW law, or any other law which may pwant tender from tatnQraQ any acbm agwM Gramm. mduft a damp for dehaency to the eadent Lo Wer a oeher were uAAled 1a a dash for dehcrsncy, before or after Lender's oorn urmnia t or vwVlebrh of any foreclosure acbat, archer ludrtdly or by ercercrae d a power d sale PAYMENT AND POWORIAAWCE. Except as oftwe provmfed to On Deed of TfusL Bommw shall pay to Lander ell kxMbledriess sooured by Ih s Deed of Trust as d bs=nee due, and nonuser and Grantor shell sincily perform all Moir This slmwh is for the of showin the o hruft rat location of the eroises without actual s and Ticor Title assumes no liabili in connection with the same ants r� a DEED OF TRUST (Continued) Page 3 raspecave cdgstions rrhdar his Now, this Deed of TnrsL and the Related Docurriento PEON AND MAKrMLINCE OF IM PROPWff Borrower and Grantor agree urat Borrowers and GmnWe posseselon and use off* Property Shan be ga wriad by to blowrg p wasiom Potaeaalori and tfse Until Deftwaet. Gantor may (1) rernan n Paesessifrn end oonud Of the Properly. (2) rise. rqm dMI& The irk �pmvie ws relate toto Prq=W # a � of the Property or to other wrimmm an the Properly The Rent Property is not used p rgpany for apriad%M purposes VvW to Mddble. Grantor ahe9 mawtarh to Property in wriantybe oorow and prosily perform all :epees, replacarrwAs, and Ftsarirna r - necessary to preserve Ae value Oompllarice Wlih Etndrae aentat Lsrr a 0r1rr1 reprasarrta and warrants to Laura that (1) Dumg the period of annices awrem* of the Properly. there has been no tee, grrwratim% reanufaotrire, storage, treahT" cepoeel, release or threakrod relsata of any liattardous Surbs%irne by any Person cm tartar, about or from the Prnp", (2) Grariw has no kraxledpa of, or reason io Wave that there has bash, 0=0 as prewousty dadosW 10 and adatom %dgad by Laadar a wr Ijl (a) any breach or votebon of arry BwuorardnW Lays, (b) any use. gsrsotion. rrtarretfarckrre, slprage, traatrrrerR � release err taaslwsd raleesa d ay htW dous SdxMaroe on, uder. abate or from the Property by arty prior Drams or oats d the Property. or ice airy act * or threatened iregsaon or alarm of any land by any Parew glat8 ID such matera, and (3) EraoW as prat melt' disclosed to and ackmk dged by larder n using, (a) norther GrarWr nor any taro%% oontraclor, agal or other authored rear of t» Properly adhal use, gerterata, nlaaabohm, atom, tree% dispose d or reteese any Hazardous Sutiemnoe or, order, about or from the Pmopwiy, and (b) any such aotivly 90 be conducted in compliance With ak apWAide Worst, stele, and local law% repulationa and ahftlherrew. irduelhg withuM Nrndtiori alb Envmomne td taws Grantor authormes Lander tmd As §Wft to eratar Wort its PaT" b make such nwaabor a mid tasu, at brantoes , as Lender may deem appraprraea 10 deer. j Cwrgymrroe d the Property with tae section of the NO of Trust Any mpechme of lads weds by Larder shell be for Lerhders pu m a* end abaft rid be aorstru d b meals any responadty or brebeey on yhe Part of Lander b Grartlw or to any ollier paean The rapreaahfabwa and wairenbas Mftrked herein are based on Grarlors due dl W= in rnraabgmg flue Properly 1w Hazanious Substances Greroor harihy (1) releases and weamw any plum darrra agmnst lender for edarimay a cm*bubon n the eirerrt Grantor becomes MM for ckarhtrp or other oosts raider any such laws. and (4 sines tit avdena►RY ad hold harmless Larder against any w4 awl dairms, lasses Yabddies. da%iagea. Penalties. end asperses which terrier may *VdY Of ffdwdcY man Or UAW raaltrrg from a breach d ter: SecW d bra Dead of Tnuet or ass consequence d ably use, gersrawn, rrtanrfacdre, storage. dopssal, release or uvempisd release orxrarag prior io Graders ownaxht► err utm n the Property. whether err rot yw same was or should have been knom fo Grantor The prorsnrs d t is m oeon d the Deed d Tnrst atdudtng the oblpebon b evdamdy, shell wmvw the pwierlt d pia YhdWWriess and the sabalacsam and recorweyaraca of ma than d yes Dead d Trust and shalt Fat be ettxrod by Larders acguium of cry rdarest in the Property. whslha by foreclosure, or otaenvise taftericey Wash Grer m Mist not cause. cor i Ant or pamN any (tteeanoe nor cmm0. pens or suNer any vbgpag of or wade an or to to Proprrty or any portion of the Property WOW imd" the genaalty of the fuaganp. GMnlor wtb riot r ROM or guard b any ether Pehr the right to WI Ma, any briber, triehersle pndudng od and gas), 0001. daY, eopu, sod. Pavel or rack products uadhant Lenders prim wrllral rwriseM Reraerel of knproveme ts. Grantor shill rot don dM Of remove cry bMIUMINOts from ire Rear POOP" WOW Larhdars Wo wmarr corned. As a cmxM= to the removal of arty tmprwanerits. Larder may require G%uNor to make arnenganenb saheftmV b Lentler to replace such hvmvsrnels with trvv&A nadir of at least equal who Larders Right to Enter. Larder and Lenders agerte and repriiaeratetomes may anler upon tie Reel Property at all rmsarhabM im is b @Abed to Landers rtereala and b vv4)M tte Real Properly for purposes of Grantors aortiphsnce witi the terms end oonda+orts of tas Deed d Trust CarnpMartca wflh Qohsnumntn Ra4rkerearta Grantor shot Prey �iPM. and 6braN pronhpyy ceuaa oornpkertoe by all apata, larsttla or other posers: or erillm d every rta M whatsoever who ray, Woo or oNeaMnse use or oocupy the Property in am marsur. with all Wv% wdrra ,,, and regulabors, norm or hasellar in effect d art gorarrimm a! autnrltee opougAe b pia use or oocrp mvy of tie Properly. nck dig wdhel irnlaion, the Americans Writ Dsahlities Act Grantor may acthtast to good fadh arty such law, ordnance, or regulabori and whltdiold ocnrphah m durrnp cry puooeed:hg, unckrdtrhg rgtptaprfate appeals. so icrg m Grantor has nobW target n wnhhg prior ID dorg so and so ion0 in, n Larders oafs opt w% Lenders nteream in the fiape%y are not taopardmed Lerider may require Graalor b post adequate aacurq w a suet' bond, reasonably safthicbxy to Lender. to protect tenders atervet Duty 10 Proted Grantor agrees neahar to abw dm a peeve uladended the Property Gramm shot do as other acts, m addibor b those acts act folk above n has sacbmi. which from toe character and use of the Property are raeaarmbly riecessary to pmteot and preserve to Properly DUE ON SALE- CONSENT' BY LENDER. Lando nay, at larders opbah. W declare nvnadhetaly due and proM ad aura secured by has Deed of Trust or (B) increase tie rrNereat rate prfl xW for in the Hobe or otier docuriert evdenorg This sketch is for the 75—h—omng the a ximatc generW location of the =m without actual survey and Ticor Title a4shuncs hho liability in connection with the same DEED OF TRYST (Continued) Page 4 the bidWmkiass and tntpose Such odter cotidaerte rig ferra9r deentg apprepriets, upon its Oda or transfer, wit ud Lender's prior wrstart cortaera, of a1 or air part d the Rsd properly. cr a y mines m fw Heel PmWV. A "oats or 1rarow ni"0 Iva OtIX mweywm d Heal Pmp" or any rcK We or wowed in t o Pag PAp�l". M�lla w lagd. be�lelk W or QgWmb , a t 0w a voluntary or vmlmwoy. whom by otrlydg sale. deed, nstalrrmtt sale contract, land contact ombad for dyad, Ieasshotd r nkreet wdh a tern gaoler bM tree (8) years, kmgVbm corMrauk or by sft wsVvmo. or #'assist d any bermsoord o t AwW in or to any lard VaK holdup UO b the Heel Property. ar by any otter meRtod d corweymm of art trim in tie Real Pmpergr Many erartbr to a owporatiort, partrrrralip ar kriiled hW*y camp ny, t wmW oho hwkadw cry drerge to ram. Vw&r3hp d more hart twenty -True peroant WM d to vohg stock, pwbwmhip otlereem or traded Wily ermony easy egiweafa, as ate cage may to, d such Granaw Howmer, dw opbw shell not be immobed by tender d such etoerraee re prom by federal law or by Washnglon law a s TAKES Arta LIERS. The Wkwi tp prummo g reta" b the taxes and liens onto Property are part d true Dead d Tmd W— Paymort. emix WW pay when due (arid n as overds prior to delrweng) al ttoaea. speaal fazes. aeeeeamertls, � . when due al r work don* omid mwer), n air sarvioee tendered or m0mi wJ« �Mrns W tawmint o theme P np�erV s CZ nratnmm the Prtapwtly bee d all trans having prw* war or equal b tris ntwaet d Lender order` riia Dead of Trtur. ' C%m soroept for the lien of mopes and assawneraa not due; except for tie E*BWV hiMbfednew rafarred to ttelow. and eaocept ea ormwies prwgbd in this need of Tr.W Flight b 1?ontoaf. eratttor mar >,idtdtofd paytttwR d orgy fax. asaeearttsrt, or olern in cawteoYat wolh a good tadh dispute curer the obbpadon b pay. so keg a Larder's rtteiest m tyre Properly a not deopmdmW 11 a Lars arises or aWed eg a raetdt d natparrrrert, eretbr shah waMtn Bert {16j days aflar Ire den angeo or, if a Elan is Wed, w9 t flt m (i'.lj days efier Qrtlydrx has notice d Ira UetQ, aBotae ills dieoltarge d Ile litre ar f m*wsbd by taikW dopoalt WOLander cash a a tviafdtorerit oorperaM ataall bdxi or eater asardy aa6�ucbry !o Lmn&w inan amount mag wit to sets lst0er tyre Bent any caidm+t [ ardor efial defirtd deed rete Lander and shaq ea6sfy any adverse pidgrral hekn ertfartoemwtt egemst Its Property Iinnlor andl items Lender as an additrond abrtpes under any aurery band limmitied In the txxrtrst proeesdirigs EvMwm of PayneaL emnbr aloe upon daettertd iixriisrt fo bender eaboichmy mmisnee of payment of to tan or sos�stnarb and atvl auarnttzs the apprapnab govermterdal aflit id b ddner b Lender at any tree a radian atatetriattt ofihe trees aril aasemrrierrrs agaiitsttis Pia" Naas at Conimucllon. (imfW dW north Lender at kast lilteert 115) days belays cry wok is oonmiacied, cry serma are himshed. or any mat nett we ati VW to ate Property. if cry mech6intcb ken. rttr W ahaeat's hm, or otrer ben could be asserted an aaxoixtt d ate work. aenvicae, or itvatwiala one the coat emeWi; $VW 00 Grmear wdl upon request 01 Lender jumh t D Lender advance asmmnoee smbftckxy io Lender that t mow can end will pay go coat of such lrrrpro+ramenls PROPERTY DAMAGE li=RANCE. The rolmftV pi Km rslatiig to msisrrg ate Properly are a part d to Deed of Yruat mw*mauroa of hwaranee, etardw shell pmemm and mnntem polimes of fire rviance wdh standard extended ooverage endoresmmb an a tar value basis nor the ful insurable value 0mrrtg ad krprowr mft on the Hear Properly in an anwit atrl mint to avid applumilan d Soy oortswm= aTdirae, and vWh a slitndbrd rrtprk"m clause n iavar of Lender Grantor *A deo prom and masdan corilpreherwo general W Ay into canes n suoh coverage am rlts es Lender may request viol Trustee and Lerxder berg named as eddibmd ina irede in ouch liability nsmance pdcm Addrtmway, emilor sttj mwd m moat DOW mstirmtce, mdudmp but not WmW to hazwdbtmmm wftmrpbort, and boater netrwc% as Lwow may reasonably mwm Pok *e also be wnaere in torte, am-2% aurora arts Cams reaaanebly siowptable b Lettdar and rastred by a company Or oortpennos reasonably aoceplable io Lender 0rertlar, opal request d Lender. wit delver b under lycrrr time to trrie tie potipea or cwwcatas of atawwm in farm sattsfecbry b Fsrtdsr, mdtidlrtp sbptikhorts oral oawemOm tMll trot Ce canceled or dmrrshed VWJVA at least ten (10) daya Prot wnitert ttarrce b Lender Each rtetirarrca poituy area rfmll tntirida an eridaserr m prowdmg ow owsrage in favor d tender wiA riot be rrtpanred n airy way by any ad, arrrssicr a dsfradt d Grartbr or cry Ober person Slum ors find property ba boated n an area dssgnetsd by the DNaC1or d the Federal Erttatgstey Mmtagemot Agency as a spaasl toad rtgzaad area. t3renttor apiaeo b u61em Arid rtarttrtrt Fadertal r-lood tasttnrtos if avadeble. wrdlte 45 d" rifler notnCe a given by 4etlder a►et the PiePerhy is loaded m a special hoed ltarnrd ate, for 1lre Ind rtnpad P WWPW balance d the loan onto cry prior karts an tie properly seaaag Ile ban. Up 10 ate tttaoormsn PdwY limtta set under iFte National Food kwuranoe Program, or as obervnes regwed by Lender, and b nVmtem such ramice for the term of the roan Appilubon of Proceeds. Granby dtdl pmmpoy trolly tender of any lose or danmpe to the Aroperly if 11e ftknamd cost d report or roptacerttertt etaoeeds i60o 00 vender m8W make proof of loss l Grantor fame to do so wdhm Sheen (15) days of ate oastelry W beber or not tatdertt semM in mpared, leader may. at Lenders ektxroo, mm" and reblpn Me pr000eds d any msvrance and apply to promeda b the nductton of the IndebtKinem payment of my hen shoot ig the Properly, or be resbrebav and repay' of the Properly If Lomdw elects b apply Ire Vocemb b rest mUm This Sketch is for tine • of sh ' the imate Ineral Imation of the rotttises without actual survey and Tieor Title asstentes no liabili in connection Willi the'same i i DEED OF TRUST (Continued) Page 5 and repair. Grantor shall #Wee or replace Ow damaged or daMroyad MVfovwnwft in a nrernsr aat0faClory b tOMW Lender .fall, upon aataftovy, proof of such sxpendlune, pay or nesn6lase Grantor firm fhe prooeede fbr ttte reesaia6le cast of repair or realm an if Granbr a not in default under to Dead of Tna1 Any puoaesds whk* have not been de mead wow ISO days afar that mcepl end which lender lies not corrrrwed b the raper or raelorateon of the Property shell be used ileait to pay any amdnt own0 to Lender under ras Deed d Treat, then b pay aotnred kut mst, ad the wmmidw. if a y, shell be applied fo the principal betwxxe of Ohs it I I 'admsea t Leader holds any proceed. after payment in lid of the lre:W " Jaass, such proceeds shall be paid w*W Merest to Grantor as Gmrhbr"s stereats may appm CoieoWtos with Eedni ft hndebledneas During the pened et w1mcd any Fasting tredehtedreess dowid ad below is n affect; oerrplartce card► the kheurance prwrseorts eaertalrad n the hmbuntstut avtdertcnp aucfh f3aseetp ktdebedrreas s1etJE oorrltifiAa earrpMerhae caret ire ktsuranoe prorreeons thrder fire Deed d Tnnt. to ttre wdartl oorrpkaehce ehatlt rw error d this Deed d Trust would cis oVA e a dupMaabon d nsuranoa req wKfN t if wW praaseds dram live insurance become payabto an Ions. the prorusara in ties Dead d Trial for dmeam of proceeds abet apply only to that portion of rw prooseds ncl payable b to hdder of the B MsQ Indebednsss Grseftr% Rgmn an tttsunatms. Upon request d Larder, howrnar not more Omer Ono* a year. Grantor shed hwoh. b Lander a export on each serehg pdrey of nauranes siewirig (t) the rams of the insurer, (2) the eahe visaed, (3) the spent d 1he policy, (4) Ore property neared, to tree current reploomient rah+. of such prop". and the manner of delemererg ttat v0A, and (E) Oh* *xprehan lisle d the pdrey Grartor stall, upon request of Lauder, have an Mdeperrdenl appraiser sagshectory to Lander determene ttre cwh vako eeplaoumnt met of the Property TAX AHD MLv ANM RESIMBIL SW*a to any knetakoris eat by applicable law. tender may ragmro Graraor io merttain weh Lander reserves for paviv at of aranal texas, a 1 4 1 - 1 m 1 1 . and emtrrance prnranne, vWmd reserves led he created by advance poyrreent or rrKrttty pgymeets of a sum estimated by Lander to be aulhdnrl m produce, nroutks at least.quad to ttte taxes, asmessments, and mKffw ce t areirms b be paid The reserve finds slat be held by Lander as a omens deposit horn Gianio, which ich Lander may satisfy by psymat of the mealsassessinenis, and insurance preniturns required to bei pad by Grantor as they beco nil dua Lender shall two ire right to draw upon the reserve knits b pay such terns, and Leader shall not be requmad b drtermets ft» or socurawy d any awn before peyrg i NOWeV in the Deed of Tent sire! be °ftconsfued se; requiring Lander tip advance~ starves for such pwposes, and Lender stall not slat any labbly for anyttng `0 hem di3cbse a shortepe ar delkren�y. Granor efal pay suaA ahpetap* defrpencY requiredbyLwxbr AQ ammi is n athe reserve account are hereby pl*clped baiitar fisecure the kidebtedrass, and Levier s hereby atahory d to wr v*m and co apply such amounts an rue khdsbMdrass epm Deetdl Lander ehefe not be recline to pay any erearest or m snpe on the ssir raemve hinds tams regensd by bo or agreed to by Lender M writing Lender does not hold the +wean finis. in trust for Grantor, and Lender at not Grnaan's agent for psyn"d to taxes and a un marts m"red to be pad by Grm*r '— LDS f7fPENDffUlaIM If any action or proceeding ra cmamenced to would awwr a9y affect Landers nferesl n tta 0f pmp" at if Grantor forte to campy writ any prdwenn d to Deed of Tent or any Feelsd Doaanants, srdudeg but not eased to Grenioe's skis b oorrply welt any obligation to rrmmnan Emateg kvieblednen in good stmeteg as requoW below, or b dachaw or paywhen uiva any amounts Grantor is fsgrwed to dradraras or parr under Ors Deed d Tna1 orany 4t:2 Rested Documents, Lender on Gt vMft belief may (but shall mot be obligated to) We any action to Lender downs v7 appKgnft nctudirs htd not tinted b deichargny or peysg at faxes. km security krerests, miaenbremes and attar sv deims, at any fume tamed or placed on the Property end pq" M coats for eiswurg, m*nts rng and preserving da Plope►ty At such aq wdbrras uruou n orpsis by Lender for such purposes one Oren peer urtlarest st Ora rate dwood Under the Nate from to dams incurred w pad by Lander b ire dale of repaynwrt by Grerikor At such nepheraes will beconta a part of Ili* hdabedoess and. at Lender's Upham wi (A) be payable on demand, (13) be added b Ore belancs of to Nate and be apportxined among and be payabe with arty instelinatt payments to ' acorro due dung edrer (t) da term d any applicable stance palw. or 0 the ran m w lam d to Note, or (C) be treated as a balloon payment which will be due and payable at to Nce'a makatry Tire Deed d Trust also will secure payment of these amounts Such right spat be in addaeon b all otar rights and rein din to which Lander may be.reeled upm Dehuh 1NARRAW Y, DEFENSE OF TMIL The following pnovesans relamg to owrmshp of Ore Property are a part d this Deed d That Tula; Granter warrarta tat (a) Gmraw holds good and mmrlrstabto Uo d record io the Property n tee srpl*, ftm and near of add ksm and endntbrn ces other tan those sat IoM n the Res Praparty fin acrtpbom or M the Existing kudabedness section below ar in any Wit eaererrb policy. lift* repent or find ate opinion issued n favor of. end accepted by. Lander n aotrrec1, wish the Deed d Trust, end (b) Grantor has fm fia1 rqK power, end adhmW to execute and deliver to Deed of Trust to Lender Defames of Time a0led to the axis rm in to peragreph above, Grantor warrants and will forever chard to cafe tic the Property.gang. the lewliA diem d alipersons Into shier. anY..liana or praoaedeg is conirnenced tatclueskons Grantar•s left or the stared of Trustee or Lerxbr under Ilm Deed of Tnrsl Grantor sat datmd foe adim at Gia tWs uurpww Grantor may be the rwmff& l party in such praoesdng, but Lander stet be eeufad to partecpMs in the procesdng and to be r*pestnkd n the prcoaedng by cow" d Lenders awn deice. and Grantor will dnkrver, or i iThis sketch is for ithe of Ile rm irate genciul iocetion of the remises without actual sum and Tieor Title assumes oo Min connection with the same DEED OF TRUST (Continued) PWJO 6 cause to be ddunred, to Fender such nstumsrls as Lender may request torn bane b bme to pwn* such parbc psbon Compltarhoe Wlih Urns Qmnlor warrants that ttm Prapaty and Firanioi's use d the Propwty o"ma wdh 0 waatng aWo&ble kR% o dnatoss, and mauliftra d gaveraff all adrprrns suro of of Fieprsswr mkm and Warnrom AEI mpn onutbans, warrmi*= ant awr marantrs de by Grantor a o Dead d Trust sW oxvsre dw ammft r and debvory of lhm Deed d rusR ew shah be oordnrw g m nslum and &a 00 remsin m itd taros and sftec mW such Inns es Borrower's lr4WAedness shag be pod n hrA -+* E7 WnNQ MEBTED MBM The tlbsmg provnons oonaeewg EmbV Indebtedness are a pahtddm Used d Trust Cm adeft Ubm -The Yen d to Deed of Trust smunng Ise kadsbt dnm may be samix1 uy and rftKx to an lam" o Yen Grantor mcpr6sdy ocvwhanls and sprees b psyr. or see b fhs payrnwd o(, Ins itrg kWsbk*au and b pram t em any detahlt on auch mdebadness. any detadt under ttw ratumenb evldenasg such rdeblsd vm. or any detadb rn under any seo unty dom a is for such atdsbtsdnasa ._ tie Modffft n. Grantor *M not enter lnb mW agreansnt such to holder of any motgags, deed of lrutk or otlwr N ammry agraerrW wrw h has pra* over to Deed of Trust by whreh ttrat agneemervt is nw&Md, anended, m ands4 .— or ranewred wa tout the pro wnftn consent d Lander Grantor shag mom request nor aompt any future advances wKW cry such sewsdy Wo mast without dhe poor wntmn oansent d Lender CONDEMNAIM Thu ldlowrg prova ma rmlaUrng to candertsragn proeesd rigs are a partd lve Dasd d Trust w yt N 00 VanpAy UM may be rwasasardefend o aabon end A 9 'to o arum Grantor may be and or nom al party rn suds pmose6ro but LmWW shall be added to perharpats in dhe prom j o and b be reproswtted In the proc mdM by corrad of its awn ehonce eft at annlot+s sac W%% and Grantor wd debver or cause to be Mweted b lender such sastrasnents and dmwn waation as may be +raqussted by Lwndw #am Irma to time io panyd such P Appflcatton of Nd Pmvvvds. E el or any pert d ft Propwgy m ow4mned by emrwrd dorrhaws p moeedraas or by any proceeding or pukhsee n bsc d candermtsLon. Leader may at le eixt as require that all or arty portion of dw not pmaeads d dw vmwd be q#W to the hdebtedrwss or O e repay or nobmban d Ahe Prop" The net proceeds of ttw award ab dl mean the award ater peymaht d aA nascrrbie costs6 ergpartsae, aid atlootisymr teas mahrred by Trustee a Lender n cmrm*an wdh the omxbmnatncn RAPOBITION OF TAXER, FEES AND CHARM BY CIDV fdYAWAL AUTfiOMEL The kb wrhg pmvnmm mlabng tc gorsnwnw W tunas. tees and charges are a ptsaof to Deed dT mst. Curnni Taxes, Sm and Chnrdss. Moors roqueat by Candor. Grantor" eraeattta such documrrsrtts in addaron to dos Deed d Trust and Isla whiaever a0w =bon m requested by tender b perfect and oomna Lwder's bah an the heal Property Grantor " mlaftne, Lander for am towel, as domftd below, together wiBh am o permes mourred in ratxx ftL porkcbng a actdrsmg On Deed d Tnhst hnckrirtg wilrahrt tff� al tepees, fans, doouamntary dw", and odher dhargm far reow*V or mgw*m tha Deed d Tmd Vo s The fdlowrg slid vorwbtirte races to wfsah ttvs saoban appbes (1) a epeado tax upon to type of Deed d Trust or upon dl or cry pert d the indebtsdrass secured by ttvs Dead of Tma, (2) a q 1, I a tex on Borrower wrhich f3arrowar ne atAFnorlr ed nr regtrred b deduct horn payanents an the Indowdreas secured by to typed Deed of Trust, (3) a tau an in Gyps of Deed of Tnat chaigeeble atpshst ttw Larder or the holler d the Mots, and (4) a speoft lax on aA or any potion d to badebtsdnees or an payments d pus cqw and mWW mKb by Borrower Sh>bsagnreest Mmm l any tax b WW% to ssaban appbes s enacted u6sequent to ttw dale d to Used d Trust, the event shag how the sane elect as Detaat, and Lender any saeercm any a al of are aradabfe mmadnea tot Daiwlt as provided below unless Graskx @Oren (1) pays tts fax before it becior (Wi ngm t, or M oontes11 #to tax as pmvdsd above in the Taxes and Lem ee0m and deposaa wdh Larder osah or a suflbm cagmmfa surety bond or caner sam"y mft%dmy b Lender OBQUARY AGREE Mr. FWANCM STATB iS. The bk wig p a mnoas ralsdng b ft e; Dead of Trust as a asaxay agmment are a pert OF On Deed of Trust Smrlty Agreamad. Thus rmbpment sW oo wbk to a SeahMy AWesmwd to ttw samwa any of ttw Pis wry oonstithhtas b antes, and Lender shah bane as d to ngitts d a sommW pay under the Lkdomr coanaeml Code as amended Pram tmss to teas Security Inumst Upon request by Lender, Gmr*x WW sxacute tineno v slatwtmras and We whatever other action m requested by Lander So p&*d and oorttrnre Lwndefs aecuraay rdarest a the Lents and P monal Pmpaby In adduhon b recordwo to Dead d Trust in the real puapeuty records. Lender may, at any lane and wdhuut further aulhornabon from Grantor, pie oxmxkd *WrO prarte, Owes or repmducbons of this Deed d Trust ss a I wmv atalernwa Grwdot shsl her tKm larder for al w pwhsea rncared n perfemm or oonbrsrng to seam�r mtBreat Upon def&A Gwanlor sFnaA not remove, saver or datsoh dw Pew* PmPeVY from dw Properly Upon dsWt Chador shall smm"a shy This sketch is for the u of showin the toximate ral laeation of the remises without actual swy and Ticor Title assumes no Min connection with the !arcs DEED OF TRUST (Continued) Page T Pamc ml Properly mal affaaed b to ftcperty in a ararrer and at a place reasons* oornrerenrk to Gmdw and Lander end make It available b Lender wilhn tmea q days afbr mcW d w am demand Lars La dler to the extent pamldted by apphoebb haw Addresses The maft addmases d G.tbr (dab" and Lender (s=mW part') from whM nbnmabn mncerro g tlta eecisuy purest gamed by 0m Deed d Tm* may be cbI red (each es required byte llMmrn f`,annheraeh Coda) are as stated cn I e lust pope: of tt Deed d Tnut him ilflfi AWMANOM ATTORNLY-IN-FACT The bfbwrrg pnovrsaorm relatrag to harder assurances and adpmsy-st-fact are a part of ltds Dead d Trust Furlhw Assurances. At any time, and from trim la We. upon request of Leader. Grar*x will make, execute and ddnw, a will min to be merle, executed or dAvsrad, to Lender or b Landers deepen, and when reseeded by Lerdn. cause b be Ned, mw dK nat:ad, or mreooft4 as the case may be, at such lames and in such .Mess and places as Larder may deem approprm* any and elf such rnortpmm deeds of trust seaormy deeds• aecu * agr—i—% tmncng alaternarrn, contra mtron sutaniveft nmhnsreris d Eerier aamxaruce, cer9fi mW% cad otter doctnenta as may, in tte sole qmm of twdsr be necessary or tlasrabI- in order b effectuate, camplefe, perfect, ccnov^ or pn mews (t) Bommers and Grantors abhgstuaI under to Nokia, thm Dead of Tort, and the Rstated Dmffw e, and M the keno and secusdy rdereets Oreatsd by dam Deed d That m ttre Property, whether now awned or hasallar acquired by Grantor Unless prote6s, by law or Lander agress to the contrary in wrdnp, Grsrnlor shelf mmbcase Lander for elf cosb and experm a rwArrad In connection with itte medsrm referred ton this pmwaph Atbmey-ht-Fael Ell (3rahtor halo b do any of the things mfnred In in ilia preceding paragraph, Linder may do so for oral n the rarra d (;kartrx oral at GrantofL sxpeme For such Reposes, &tuft hereby rrevocably apporsls Lender am Grants alturtwi-wfad for tte pwpose d umkm sxecuirnp, dehver M Om raoondng, and dons all WW ftes as aW be necessary or deseabu, in Landers ads apudort b s000mphsh the rtatlem referrsd b in the precadrg fph FULLPOWDRMANCE t Bcamw pays all the l -1-1, ariteas when due, and ortaurnm pub.. all the oftabore -Mused m upon Qrador sander Use Deed of TmK Lander shalt execute and deliver to Truatse a request for full reomwayerroe and 00 e mmft and deliver to t9ranlcr nnaable slatemenm d umum- of any frmumg statement on file evidaruceg tandeft .*, semrdy ntmreW n em l4m and ttm Personal Property Any rawrwayanca lee shall be pad by Gramor, d perrMted by applicable law The grafte in any ref mw&pmm may be de rdW as the 'person or persons legally er"ad fm vW. and ce the rentals in to mowmayence of any matins or fam shelf be con lutum prod d the trtAldulrmtm d any such mours or a facts cril, DEFAULT mldy whets due RIGIFITS AND ROMMES ON DWAIL T II Default .omn under than Dead d Tnmt, at any bnm ilemalier. Tnwles or Larder may esterase arry one or more d the big n$ft and renmdms naetton of Rememse Elpabgn byLander to Purace any needy shelf not exchnde puraat d any crier asmady, and an ev doom b make acpendihsae or to fides Gam b perform as abevom of Gamer trader dram Deed d Tna offer a� Granbra failure to peAo % shelf not affect Lenders nod to dmkm a default and ehsrcae lib re nedues . eO nor AuaeNrate hlda4aedrraea Lander Ghd have the "at da opban b declare the entire lndabtadness StnmdMWy due and peyabK mclu ft any Pn>psYnie* purally "Ich Borrower wW-W be rragtared Io pay Foreclosure WAh respect b all or any part of the Red Property. the Trustee shell have to %M to minutes rtm Power d axle and b forecione by noma and sale. and Lander shall have the W t to for *m by lrad" foreclosure, n ertmr ease n accordanas w h and to to full OWN Provided by applicable law UCC Rarredla Wets respect b all or any pert at Ilia Pgreormf Property , Larder shall have all the nphb and re mks of a sommsd pah under to Unuioms C.onvnercral Cade walled Rmb Larder stall have tin ngy'rt, wAmd nave to tiwmw or Grard r to take posmmuona d and nmrnage the Property and collect the fiends, - A --I emourgs pant due and unpmd, aid apply to net proceeds. over and above Lenders coals, aWmW the hrdehlethess tit lurtlarerrm d Use n#tt, Lander way require any tenant or other user of the Prop" b make parrm— d rend or use ues drecly b Lender it fhe faerda are reacted by Lander. then Oar ter vmmccaby deatpafas Lander as emnbrs atbney-ndaal b endorse atslrurmrds recewm in payna. iwm in to name d Gmr ter and to negoaata the Sane and calm the proceeds Pay mwft by lanants or other nests t D Lender in mspmm b Larders drarsard shall sabsy the obligom s for which the payrrrents are needs, whether or not any proper grounds for the demand enosled Larder may maronee de rO t$ under this subparagsph edger n person, by agent, or through a receiver ARmIral Reaehrar Lender shall have to 40 to havea. recerver apP to take possession of elf or any part d the Property, walk ttre power b Pffma and P IServe the Propsny, b operate f1m Prop* precatlurg ar pending loradaare a ads. and to collect the Rant ham the Properly and apply the proceeds, aver and above the cost of the recsuverehp, agarmk din ImWba&mm The receiver nay Serve w*-A bed d p-n ded by law Lenders right io the app-t am This sketch is for the a of shcwgn the mate gmeral location of the remises without actual s and Ticor Title assumes no liabili in connection with the same DEED OF TRUST (Continued) Page a of a recatver sW exfat whether or not the appa inn %vika of the Property exoeeds the kxk&sdftm by a wAstsntrah a WJM &Mlpyfnent by Lender shell rM degw* a pMW tram :way as a Mookw TeirunW at L othxxae�bsoomseh w Sim Med 0 posease n of th dPrftPropedy apar�r upon �dt of G Pmperty a, (ire t a boa a two at au farance of Lender or the prdnw of tte Property and shot, at Lenders opboe, edwr (1) pay a reasonable rentel for the use of tea Property, or tzl vacate the PmP&V wmedmmtyWon the dernand d Lender 4 Olher Rerrredles. Trustee or Lender shall have any other npht or remedy provided in ttes Dead d Twat or the Nola or O by a;w o My'r 1 of Sala. Lender shell"Gm terymon*b noaoa d the bare arrd pbw d cry pubbo ads of the Personal Proparly Eye bfn nouoo mean nottos � k astt ten 1M d" ba(a bmelhe d to ask or a to be made .— drs�Aan Any tratm of N Personal PlepaV may be me& n canp.lcaon wrtn any ado of On Real PMP94 Safe of tdw Property. To the aft parrae5ed by applraabfe M% 8awamror and Grantor hereby warm any and all agMa to have the Property marshalled 1n exeromV ft rryhm and mars ION to Trustee or Lender shdl be to to sell d or bany pert d the Property %Wtw or separably, in are sale or by seporade Was Lender shall be enbted Io bd at any N ptb sate ore all orary poraar d Ihs Property AttomeW Smell INpen-P, tt tender maMules any suitor.open io enfomo any d tw farms d fifes Deed d That, L ar dar shNI be et Md to wau er each sum as the cast racy aqudge reaeorteble w auorrrew ices at VW and upon any apped VO4wr or not any omit arrrlroro is inv* A and to the erdant not picl I Isd by law, A reasonabe wipansews ImWer n" ntrf beoorm Lerwrders a wwm are foomemy st any Wine for ttne promoters d Ra ■►tareat or the wdftrfate flan the date d the expende" rW repsO Experises oohed by this patawaph wabrde. "that kmftbon, hovvevar aubysol b any Waft under applaattlre low, Lender's attorneys' tees end Landau Iepal eoperwea, whodner or not two w a Iawu% trtr>fudny atio wjW fees and expenses for ballctrptoy prooaedvW (rndwko elfartm to shoddy or vaods any au0nu tC day or artww4an), append% and any aetbpaled poftidpent ealaabon serwoes. the cost of seeroirnp t-oards. gtAwvQ We repoft (ndtrdrnS badcarre rspatsb surveywa' reports. and appawS fees, bb nmttrnurea, and tees far the Thsftw, to she a9W parnMd by appAcebie row Grardw alao wd pay any octet cod% in e ddrban >b sA atttsr sums provdW by taw Rl9hta of Tnustee Theme dA have all d tlia rghta and drtbea d Leander are set torte n Ihs ewcson POWIMA AM OBLIGATIONS OF TRUST, The t4mftV provao* ratato to the powers and cagabons of Theme (prssuerrt b Leaders a W0fterw) are part of fhm: Deed direst Powers of Tnntee In sddrton to SO powers d Tntsme wmg as a manar of law. Trashes shall haw the power to mks the Wlowrg woons Wah respect to to Properly fhe wrimn tegrnest of Lander and Grantor (s) ton n m prepag and fYrg a prep or plat d 00 Real Property,;;;;upon ; the dednaaan of slnaeis or dher n" b the p rob% 0) ph wt grar&V any easernent or orwMV any restncuon on the Red Property. and (a) ion to any eubordnabon or otwr agreertwnit afWm ter Dead of Th ig or to wdereat of Lender under On teed d Tnnst Obtyathonts to Nohly Thelma shell not be oN gated ID w* any other party of a perodrng male under any ether trust deed or lim or of arty action or procesdev n which Grantor, Lender, or Trusms shall be a party. wi ms ragrared by appimsas row. or uedess lha saaan or pmoae ft is bmupft by Thwtee Tnmtee. TruAss shot mast stl quarhaa im regtwad * Tnsaka under appYcebfe row to addbaa b ttw rVft sM renrettrss sat brit AINN , win respect to aw or any part of the Properly. Be Tnratee Mug have fhe Irw to foreclose by rMw and sale, and Lender ttlwt haw the rght to iareckim by judicial Real ms, m saw am an exudancs wAh and to ttw *A axW t pfovrded by agrgrosble row Succasaor Trustee. Lander, at LandWs optran, may from brae to tans appaint a snoosseor Trustee Io any Trustee appanam I under Ifns Deed of That by an eoetrta mil exK% tad and actorroeia ed by Larder end +evaded n the omm of toe recorder of 1Q[rfit County. SUM d Washmoton The nslnmnerd Od ram, n addrbont b all other rrtmttars requred by ante row. ttm nerm of to vWW Lends►. Thides. and Grantor, ttoe bock and pays or has AttdrWs Fie Nuotber when tea oeed d Trust a regarded and the name and addreas d the sueeesaor truatae, and the rtetrarwmt sW be executed ad:ta wWAdgsd by Lender or to sunewors n rnarest the mtrdoaesor bastes, wiftat oorrveyerm of are Property, trtwn auoaaed to as the title. pMW. nit dupes cantered upon the Trustee n tha heed d Trust end by appbaebb law The pmoeduro br substiixwn of TFLobe shall yeran to the motelustan of au caw provnsrarm for sutlattrAion frlOMEL Subfed Io applicable row. and w=0 for notroe or a wmd by law w be gwm in another mwwy any nobae m *uvd b be gven under tam Dead of Then rrtixkv wihout In,tm =any WW@ of dement and any nobos of safe and be given in wnhny, and shall be eife vs when ackmUy dattveeL when acts* reserved by ablarumrtie (animas otherwise retuned by Ittw), when depostled wt, a ndamly recowuzed overnight aouner. or, d mated, when deposied in the Unbd States met, as fast floss, ottdired or reyrntwed marl poatsgs prepad. dreated to to addressee shown near to This sketch is far the of showin the e 1 location of the mixes without actual s and Ticor Title assumes no liability in connection with the same DEED OF TRUST (Continued) Page 9 be p ins, g d file Dead d Tn* AN capes d nM= d foreclosure tram Me Ihafdw al any hen which has pnonty over this Deed d That sham be sent b Lwldees addrase, as shown now she bapp—ol of Me Dead of Trust Any pally may change Its addreas for nobcae Under this Dead d Trust by WaV kmW whalers nobs b go char pahbes, speadyng that the ptdpose d fie notice m to dtergs fis psr" address For noire puposas, Oranbr agrees b koW Lwhdw m mred at ell tarnea d f3raraora rarrera addmm 80*d to appbe6le low, areal NwW for ncttaa ragwad or akwad by law to be pnan in wWhw .nanim d there a more Vw% erne Grad r. arty rsokce ghrw, by Lersder b airy G.w for a downed b be notice gnat to r1 Grraaoea HSGELLANSOUS PROVISIONS The bkrmV nwooKansa n pawsans we a part d this Deed d Tnist AnwrAlments This Dad of ThaN, *Wda wah cry Belched Doran orbs, aortaafhaes the wntrra uhderabrtdnp end agrowee tit d tie parlvea as la fie mspars act larta in to feed of Trust No Amabon of or at wdn wd b fa Deed of Trust shall be effecbne to I given in wnbrg and eared by tre party or pa as soughl b be charpod or bound by the altarabco or amendlpa d Annual Reports It the PrWa ly Is used for purposes after Clan GrarAces residence, Grantor shell bdnhsh b Lard , q= nsquest, a carHlsd samnWa d not operating ncomo rstwved Horn the PmWV dung Grantor's previous fiscal year in nic h form and dattl as Larder shall regun TIN opsrakrag ela&W shall mean all rash rarregsla frflm the Propedy lass as creed expert ree wide in CamBOtbn veth the operebm d are Phopeq Caption -lp N hpa Capaan hadngs in to Deed d Trust am br oormwoonce pusposea way and we not to be used to r*nxet or deft* the pmunK m of On Deed d Trust Ywgw. There shall be no sager d the mtwest or esfala crseled by in Deed of Tnnt wah cry aim niereai or saws n tha Prapwty at any tone hand by a for the tee fad Lender n any eapacltr, watndt ass wrdwh consent d Lender Governhtg Law Thls Oaad of Trust wit ba gavernad by. oanstrued end anforoed In aooardrnce wN h fsdwW law COS wad #w lwm of the !hale W Oregw1, mcWt utd aely Iota rnterd of proaadual metbers raI I, to Ilre pwfectlms . r and adbroerrent of Lwdiera rlghla and re nedles agelnet the Property, which rrwetara suet be goveroad by the .w Irrwa d the sbeta err trVaalYnglan ffewavw, In the avant that the mYNram6 try or validity of any purist n of tdds a Dad of Trod Is dhelianged or quwrtioried. such provision short be goversted by whkhft r applicable at" ow Wa taw wa M LVedd or I I I anrlorto such dwilenged or quesYoned provision The loan Wanaadlon Wild c� Is evldarsead by the !lots, and 00 Dead of That has been wpNW far. comftlwed, apprwad and made, and all C n naoesemy kmn dacumer b there bow accepted by Lander in the 94la of Origin +� Jakht and Several LhbUlty. AN abbgaYorw d Born~ and Gww under this Deed d Tnad dial ba pant and aavewa C%* and all helwwxas b Grsraor ahem mom each end every (irarltr, and a[ rdwwhcas b Sommer shell mean each and �— every Borrower Thm mm o that each gmmwer and Grantor sgg below m respmoible far ax abbgabass n to Dead d Trust Wham arry one ar rraoro d Cis portico s a corpaabon, par4serstapr klMed Mabaty ooresnary a sarhfar cheery, a his rid neoesswy for Lwhder b a1[Ilwe sap fia powers d airy of the daces, dredore, puliro d, rmnhbem or other agoras acting a pspats b act on gw s bdml. end any cbhgatons made or created in ndance upon tire prdaased axerdse d such paved shall be pu WAsed undo tins Heed d Trust No VWM by Latdw. Lander Md not be dawned to have eared any t#ft udw Ohs Deed of Trust artless such waiver is gmm in wnkV and alprmd by Larder No delay or a asaon an to part d Larder in exera V any right sham uporae as a vreavw d such nals or any aswr rWK A warner by Larder d a prWAPM d ttxe Dead of TRW shalt riot prepdaa or consoile a waiver of Landers ngN othwwme to demv4 owl oamp w win fiat provision or wq► cow provuran of to Dead d Trust No poor %w ar by Lwdw. not arty oourw of deabV betwaen Imrtdar end oesraor, chap oonsbtuls a wanror d sty of Lenders nplas or of cry of Giorgi obbpabans as b any f m dansacaore Whenever lire aansant of Lander his return wider the Deed of Trust, fie grantr g of snadh emmm, by Lender in any nstancGe ahem not axwhhft mih"p concha b m6segnmd netdnm where such cane t a mcluaed and In all cases such ca me maybe granted or wN tield su fie dole dseaekon d Lender Ssvmabbity. N a court of eargressa lursdatan rods any pwvwm d they Deed of Thal to be Hegel, ffrmW, or utsrdorteable as b any wttstwmnce, that bndng sham not maim to dfendng prawsan aagat, vm*d, or uedaceetb as to any wher csadrmhusm If fasrble, the d arxhrg prowstort sW be cartatdWW hrtodahed so fret d 1leooesa lapvab el, d arid crib eabie If the dfwadmg pratvw)-n carnet be as nmdrRenf, it ahem as be oasdered deleted tan fie Deed of Trust Uraaa otherw" ►aclund by law, to illaWllty, awalhday, or unwdaroaabdatY d any pi Ion of Ma Deed of Trust shall not afloat are bgwty. v J ft or anloracoabafy of cry char p'chrom d On Deed of Trust SLweason and Aaslgna Sublecl to cry bmtataras staled in thus Dead d Trust on banalar of Gnauaora surest, the Dead d Trust sham he baK% upon and nua to the benefit d Cre parka Ow suconsor a and asahgns If ewrwshp d ft Pmpantir becomes. vwMd in a person after tamp GmrMor, Lerhdar, w&W nobw to Grantor, Fray dal wdh Grantors success= vrrth reference b In Deed d Trust and Rae kKkk* drreaa by tray of tafisworw or extsrom wnfiaul retwsog Gmr*w tram the d]bgabons of to Dead of Trust or IWAty undw fie Indebtedness Tune Is of tihe F.seaflte Terre as of the asswwe in the pertinence d this Deed d Trust Wawa .nary AN parties to this Head of Trust hereby waive the right to ony pay trial in any action, prooactng, or This sketch is for the u x ofshowing the approxinuac genersl location of the without actual survey and Tieor Title assumes no liability in connection with the acme I DEED OF TRUST (Continued) Page 10 amotbrclaIm brought by airy p" env 0thw party. Valuer of twertealead 6xamplloa Grerektr hwft rate ses end wmm @A rights and benahrta d the homestead exernpYon km of the Stele of Weetwoon es b e8lndebledess eemvd by rim Dead of Trust DEIUfIC M The Sapow ig capAeleoad words end lain ta shaq have the Raw o rnearvns when used in tree Died of That Urdess apaorla, 01 sated brie contrary, of nfaerim to doper amounts shell mean ammft in kwful Money d the WNW Strafes d morrow YYads and ferrate used m rie ear shag seabeds tree paaal, and rie plural shell SaaNrde the ean�ser, ore the cattaont may reifero. Words and terms M ofarnese defied into Dead of Trust shall rave the meeearrpa amrbutad to such terms n to Uniform Cornmenael Code ua .r- 8arelkbry. The wad 'Bertskmy ..sans KeyBenk Nahonel Assopabon, and as amoeeeors wid asaapns Barewer. The wad 'Banavee mane LANPHERE ENTERPMSES, NO, BF.AVEL TCN CFiRY8LMPLYMOUTH, INC. NEUV1 M DODGE JEEP C!-IR ,ER PLYMOUM INC, LANPHERE Faf7'I�RPRISES OF WA81 foTON, INC. o and LAMPHERE MOTIORSPORTS OF WASHINGTON. INC. and all oria person and entities srgtanp fre Note in cy whalsrer oapai*- Dead oh TmnL The words "Dead of That" mean the Dead d Trust amoma Gamer, Uw4w, and TfuMee, and srctudea 4 r mfeut larriabon al assprnreard and seourrty r+tsnost pmvaeewts rok" b t m Parsorrel Pmpwty and Rents +�- Detain. The wad 'Deleon' means the Default w forh n qua Dead d Tm+st n fs seom WW 'DefaulC • , OwAmnmantal L wa. The words 'Envua wanlal Laws' mean gray and al stale, bbrd and hotel smbntes, runs and ambsncas she brio probaw of hennas haallh or the ernmranneK ndudsg Wtalt kidaeora to 136o1C011. et ee CC ere Sup w4e Environmental 'arnw&nsr a rid Rea Ad of 1i'ea wWWA `� tUS C�I?. the h lazoo dow Malermts Trarirporiabon Act, 49 U S C Seebon I BM, at ssq , the Resawoe canserxasom sand p400ary Act, 42 U S C Seems WM, et eaq. or vAw epplace A scats or federal laws, rules, or mWASbors Adopted pmRw t 2tsrab or Mended b prated human heaM or qta erwn we end Edotag bxWA*dnm& The words 'Ex+stn9 lrWdxodreas" mien the ndebledness described in she En " Leans provow of to Dead d Thst 0mra r. The word 'Grar or meena LAMPHERE PROPi:7MES, LLC Nacendeus Subehancea. The words "lieuvdoas Subollancae meart araels In tFwt, because d their qutntaty. conoaftbon or fahyercal. dtermcal or mkcWm charaotenstm, may cause or pose a present or pamnbel hNwd ID human health or the awNmTwrt when mpropery used, befehed, stored, deposed of gesosratad, nmmu ck"d, tanspatad err dherwoe handhad Thawads 'l;sziiirdas Substances' wound n rierr very broadest sense and studs w*W lerptelion any and all ha:udous Or Icxw substances. metenela or waste as defied by or bated under the Eatnrornrsmtel LS" The term 9lazu*us 8atistarim also studies. wafaat InnaabM petroleum and petroleum 4-pao#ru+s or any Iracbm owed and asbeatim aliprovanents. Tire word lkwavernerw meam6 eB eashnp and K*M rrmpraaarnerft b "Q% struak was, mo6re hares aftased on rie Rant Properly, ft*bes, addrburs, wplamemanis and open oo istnea m om fie Real PmpwV lnddbfedeam The word's means al pratCapal, mbmet, end ofer wimu tB. caste and eagerness payable under fit Note or Related Domvrienls, tagefwr w0h al renewals of. erdaraerone ot, modafieabons d, conscbdatim d and w6e6htbons lor to Nate or Reload Docu ants ao any w watts wrper►ded at advanced by lender to dmd*Lrpe tirsrADft dYpabarts or experues recurred by TnasMe or Lender to enforce QrwWo oftabors under the Dead d Trust, ko ter watt aesreet on such smou le as prorated in fie Deed d Tmrst Lender. The word 'bander" means Key ft* Nownel Assoaaborr, ds sucoessors and adsagrrs Nola The ward 'NOW meena the pnomabory nose dalsd Argµst 2k 2=, in the original principal amount of SS8,5MOW.00 hem Borrower to Lender. t gWw with all re w*Ms of, exterom of, npd+fioaboms al, reBna www d, ammakf0ions of, and eabslfubors for the pwrrsawy stole or sWesinerrt Perso w Rar PNW The words 'Aersonel PMPW mean as "Wmmemt, ftxbmas, and ocher erodes of personal p owv raw or hetWW awned by Grantor, and saw or hereelier attached or a8bsd Ic fee Real Property. k gow waft ad awassaoms, pans, and addrbom b, ore rephaewmsrft d, and all a>J xgubcm fo , any a rich property, and tipster wr h eq issues and pnoW thereon and proceeds (nchednp wallwut In■tabon al nsurance proceeds and refunds of premiums} front cry sale oralter deposition d the Property Propa:rly. The woml 'Properly` meeras coraowey the Real Ptaperiy aril qae Parsaatd Property Real Property. The weds "Real PmpmY mean the reel progeny, stlerasts and n#nts. as furrier described n rite Deed of Trust Related Domne nts. The words'Relded Dacaasre W mean d pmonvoory notm credit sgmernents, loan agreements, wwwonmeir al apremwits, gAww*es, secuntr aflreemerft naofgmpas, deeds of Vust, sewnty deeds. oagateW This skeuh is for the Purpose Gfshowinit the mate gmral location of the isa without actual surveyand TiCor Title assumes no liablH in ConaoCtion with the sazree err DEED OF TRUST (Continued) Paige 11 MWWIF% and al she. eBlrt.F1010 , apresrrtenls and d=ffartm, whWW now of tareetler exra", exearted xt rmnrteMm wrtlt ate Vdebtscirtees Rents. Tho word •Rents• ffowo rat present and hAn rmfts rannr®, rom*, rsem, royallms, pmMs, and other benefits dwwW tram the Rapertir Trustee Ths yard 'TnrOW means Commorwm&4 t Land Tide haumme Company, whose rm*M address a 12M $nth Avmw, Sorts 100, Seattle, WA 9E101 and any subabbrts or surx e m trustees GRAKWA ACKNOWLEDC8S HAVING READ ALL THE PAOVISFO IS OF TM DEED OF TRUST, AND GRANTOR AGREBBTOITS TERMS GRANTOR LLC LLC LLC LIMITED LIABILITY COMPANY ACKNOWLEDGMENT STATE OF 0&2�wrj _ ) 1ss COUNTY OF WA S t-1't ni (ter rA 1 on in - 2A.-w — day of � Q GT 1? V _G�" 20 0:L - balme rm. We umJsm wI Ncbry Pdit pereoctady appeared Robwi D Lowhere, 9r, Kerttttsr, Robert A lanplrere, Jr. I m*w. Shwm Lora, lrtembaw, OW MwY LawhamMmIns, Maunder of LANPHERE PROPERTIES, LLO, atd patsanadlr lumen to me or proved to m4 on the baaa of sabsbay evr Wwe to be of the b7 Aad iabbty ow pwv MW exwuted the Deed of Trust and Adm0wle0ged the Deed of Trust to be to Inm and valurdary act and deed d the I habrldy c mnpwry, by aulhanly of BMW, is erbc*w d oryerrrahon or rts cpar&N agrami rt4 mr the ums and purposes tht om menbwwd. and on *situ atatA that They are arrltmmd io executs this Deed of Tnat and in Tact exacuted fha peed of Trust on behalf of Me traded h&b*NCMWW - ��' OFFICIAL SEAL C BUROETT 10 NOTARY PUBLIC-OREGON COMMISSION NO NtWr, MY COMMISSION EXPIRES hU6 a 200 This sketch is for the of" the moximatc gencral location of the ism without actual survey and Tiau Tide assumes oo liabil' in cocmection with the same DEED OF TRUST (Continued) Page 12 REQUEST FOR FULL RECONVEYANCE TO OTMSMO The undasaW a the NCW owner and hoiden d al rKWbMdnm eownd by tn Deed d Th* Ycu am he" requested, qm parnwA or a so= mm io "4 to rawww wamm waffaray, to I* pwmw of Wed #wmb, the rrpht, we and WweO row MW by you WWW I" Deed of Trust Bawkiffir. cow CV aMpi& sketch showly mroximate gmer4d location of the miser 9VE� mrvey and Tiow TWO gwo = in connection with the same r t6P -- z o' theAIJu41zIMAnrttG rage 12 Lreaueu Lwy same 4/lu/zuLr4 D:ZO;Ll I'mn va I r RETURN ADDRESS: KWAM* IWtlottd ANOM e Mail CD&- Isa-1�126 431 Pafterdff BIM L P O.8= 0713 Sous,0 SMS 20031118002943.001 — 200/a;* e IIIIIIIIMIIIIIIIIIIIIIIIIIII DEED OF TRUST DATE: Nlavember 10, 2003 Reference J (if appllcalria) Additional on Pape Grantor(s) 1 Lanphere Properties, LLC , Grantee(s) 1 KeyBank National Association 2. Commorweaith Land Tide Company of Puget sound, Trustee Legal Descnptjan. No* Lot 2 of Lot lane Ad1.#LUA-)4-157 LLA Addmartal on page 2 Asses3eor's Tax Parcel ID# 1253M20 THIS DEED OF TRUST is dated November 10, 200% among Lonphere Properties, LLC, an Oregon Limited LiabiOly Company t"GranwN KeyBank Mona! Asaor igbn, whose mar7ing addreaa is OF-.MnNadus , 10888 SE Main Street, Milwaulde, OR 97222 (reftrred to below sorneUrnes as -Lender" And sometimes as 'Banefi sWN and Conunonweaith Land Title Company of Puget Sound, whose malling address is 1200 Sbdh Avenue, SUft 100, Seattle, WA 98101(refe and to below as "Trustee'} r , This sketch is of showi the oximax end location of the without actual su and T W Title assumes no HaWli in connection with the same For the 20031118002943.002 L DEED OF TRUST Loan No: 1 (Continued) page 2 4 CONVEYMCE Am GRAnT. For rake *w consideralloa, Qrsllor ca111fays to Tyllelae In kW Wth Parr of aa1e, ngM of m" and pa *W= earl for the MMW of Lander es @eneMaary, all of Granfoft nghtr 111% and irdaresl in and to the tgtlowing deal nbed real properly, together With all westing or subeegttarttly a or ahead buldrrpe, wnprovarosale and ipt mv% am aaswnwde, npMa of w* and rppurlenancaa, ell wider, water noble and drk h nghls (uwkWb g stook in uW*n s wdh ddoh or arlgakon nghls), and ell other rolls. royalbas, and prohla rem to file hntdumrtg without Amttakon all mtren�s, ad. gas, geothermet and a mdw n afLst% MW "Red Prapt>r y") J�d7 In King COUrItyy SWO of Wm'ahlrMlon: NEW LOT 2 OF LOT LINE ADJUSTMENT MAP =z As CORDED UI KMG COUNTY RECORDING IN06 951121I91=4W BEING A PORTION OF LOTS 2 & S OF BURLINGTON NORTHERN BINDING SITE PLAN (OSP-.01442) i AS PER PLAT RECORDED IN VOLUME 161 OF PLATS, PAGES 4141 AND UNDER RECORDING NO.9206902696; SrWATE IN THE CRY OF RENTDN, COUNTY OF KING, STATE OF WASHINGTON. The Red Property or Its address Is ccmmaMy knom as S701 East Valley Road, Ra1dorl, WA 99M The Reed 'Property fame idenWwaWn htarllaer le 125360002D CROSS-COLLATERALQATION. in addition to tw Note, this Deed of Trttat seoues all Obligations, debts and hebdrdae, plus aderest thereon, of Grantor to Lander, or any are or mare od them, as well as all dorms by Lender agwnst flrantor or any one or mere of them, whether now wasting or hereafter anwM, whether related or unrelated to the propose of the Note, whether 3 voitrrttary or othentnea, whiter die or not due, direct or mamA dedermtned or undetermined, abadi lie or contingent i kqusdeted or um4u dstad whether Grantor may be liable inchwduaAy or prntly with others, Whether obkpatad as grf wtw, surety, eoaommodahm partf or otherwise, and whetter Pam" upon stich srnnwnts may be or hereafter may becoata barred by any dahlia d Wide oes, and whWw the obkgaitrm to repay such amounts may be or humfler may beownra otlterunae rn►erdomeable flraMor hereby assons as esotahy to Lander, all of Grarla's nghk We, and mtereat to and to am leases. Rants. end proles at the Property Tuns assignment hs recorded in awandanae with RCW 65 Off t770, to hen created by Um assagnmert is intended to be spetafla, pedaled and choate upon this wording of the Deed of grants Trust tender ants to &ardw a kcanse iAeat o oo N Reels and pmfds, wlaNlt home e may be revoked alderls option and Mail be aution atttetly revolted upon exeleretlon of all or part of the Indebtedness 1 THIS DEED OF TRUST, WMWING THE ASS OWA N'T Or- BENT$ AND 711E SECURITY WTIBREST Nt THE RENTS AND PERSONAL PROPERTY, IS 1MtI8M TO SECt(A) PAYMENT OF THE INCIMITECNESS AND lb) PMgFORMANCE OF ANY MID ALL GWGATIOWS tN OER TM NOTE, THE RELATED DOOI WEMS, AND THIS DEED OF MIST. THIS DEW OF TRItST 18 MEN AND ACCEPTED ON THE FOt.L MKG TWIRI : PAYMENT AND as dhwwme provided m this Dead of Truhd, Gmaler shall pay to Lander eft emourds secured by riras DOW d 7rust� bowl ta due, and shall strictly and in a Wnety manner perform old Grardot'tl abkgekons under the Note, has Deed ot7itast, and the Related Dol:umanls POSSSION AND MAINTENANCE OF THE P119PERM ffmdor agrees that awak rW possa wn and use of the Propene shall be governed by On tbllovOV prrmsrons Po nedow and llaa. UnN the oocrm'arx* of an Evert d t]etoell, Grantor may (1) remain In po esesahon aril oonlrol of the Property, (2) use. operate or manage the Property, and (S) collect the Rails tam the Property (ins pn% pe a a Manse from Lender to Glamor ahtloniahoW rvv*W upon deieldt) The following pfoveram relate to the use d to Prtparly or to other Isnitahars on the Property The F#al Property a not used pnnrspatty for agngttural purposes Mily to Maintakr Grw*r shall rtehntltn tin Pn�erty m tenantable condition and promptly pa t m all Mmm replacements, and ntaalenance rwneaaary to preserve ns value Nulewum6 ftste Grantor shell not cause, conduct or perntd any nuisance nor commit, pemk or seller any stnpphng of to the Properly the Rmperitt Wl1Wnt a or wade on or or any portion of lmhkng this genera y of #e taemM, Grantor wtl not rernv.% or grant to any other pedy to right to rerrwm, any timber. unnerals Undudng o1 and gas), cot day, score, sal, gravel or rook products wlhwut Lsrtdoes prior written oonsed IRw wYN of knpvvemm to Grantor shall not demokah or renioara ary lmprovwmnts trpm the Real Properly without Lender's prior wrnten corns d Asa widikan to the famp►el of arry lmprovernerd% Lender may requireGrantor to make arrangements salIftatoty to Lander to replies ati at Improvements with hnprotements of at least equal value _ .1 1 This sketch is for the= of shawl the pMimatc g=nd location of the LFC.Mim without actual and Ticar Title assuu,es no liabili in connection with the same 20031118002943.003 DEED OF TRUST Loan No: 7 (ConUnueQ Page 3 Le WK% Rlglst to Enter Lender AM Lender' agents and rep via may enter upon the Real Property at at reesonaW times to fdlend to Lsndel'e ii in Pala end to mspeot the Heel Property tar purposes of Qrarilaft oomphanc s with the terms and conditions of this Owed of Trust Complemm tilts Swernmental PAOtIrmob Gmnlor strap prompty cornphp, and shall prompty cause ctompWnce by at Semite, %meals or Other pwwm or anlrbes of every nature whaboeuer who rent, WM or optarwlas use or occupy the Property in any rnalmer. with ail fawn, ord nancos, and moulat ne, now or hereafter in effect, of all go+esismiantal authw*m applicable to the use or occUpamy of the Property, including withwut kmiabon, th0 Americans With Dieabrtibea Act Grantor nay contest in good faith amr such low, and dance, or iegul6hon and withhold oarnphance during any proaeedmg, includmg approprrste appeals, so lane ae Qianlor has notated Lender m writing prier to doing so and So long sa, in L endeft sots opinion, Lender% mteivals in the Property are not papardrxed Lander may require arantor tD past adequate seamty or a swaiy band rsosorably 81111611fty to Lander. to POW Londe§ rnleaeM Deaf to Protect Omntw ograes rw twr to abandon orleave ww tended tie Properly Oaritor ahan do sp offhet acts, in adddwn to those awls eel forth above in Va ssebon. which tom the ctahraotar and tree of the Properly are reasonSbly chow -my to prated and preserve the Mvperly OM ON SALE - CDNSI"NT BY LENDER. Lander miry, at Lenders option, (A) dedere arimeclidely due and payable ail Sums secured by the Dead at Trust or (B) utaaaee the Intmed role proaded Our in the Hide or other docurnent evxlenang Me Indebtedness and rmpm such other conddlom as Lender deems appropriate, upon phi sale or barledler, without Lender's prior written conslenl, of all or any part of the Flea! Property, or any mbia to the pleat Propady A bale ortransfer" means the conveyance of Reel Property or any light, title or interest in pie Heal Property, whether legal, benaftaal or equitable, whether voluntary or involuntary, w ballhar by "ht sale, deed, mWlnient sale contract, land contract contract for deed, leasehold u tired with a lean greater ftn ilreo (3) years, leers -option contract. or by sofa, asnmenl, or transfer of any banefioutt interest in or to any land trust holding bile to the Heal Property, or by any other method of conveyance of an interest in the Real Property It any Grantor is a caporabon, partnaratsp or killed liability company, trarisAw also includes any charge in ownership of more than huenty-live va r1n1 (25%) of the vobM stock, be ISals p m1sreor Imlad habady omVarry rntweels, as the case maybe. of such Grantor However, this optian sad n exemised by Lander d such ahoarrcaa Is prohibited by federal law or by Washwrgbn law TAM AND LM The fo]lowiN provision rrladng to the ti ors and hens on the ftiperly are pert of this Dead of Trust Payment Ocardor shall pay when due (and in ail events prior to deNhquancyr) N taxes, special taxes, Masornenls, charges (rndudmg water and sswarj urea and impomYons levied agsaiat or on account of the Properly, ghd shall lay when due at claims for work dome on or for services rendered or material furmshad to the Properly Grantor shall maintain the Property t" of all liens Wing pnonhy am or equal to the interest of lender under ins Deed of Trust, time for lha ken d taxes and assessmertls not due, m cept far eho P me' rg Imlebtedness raferied to below, and except as otherwns provided in this Dead of ThuSt RWA 10 Coi►tesIL Grilor may withhold payment of any lax, assessment, or clam in Connection wdh a good faith dispute over fie obligation to pay, so long as Lenderls interest in the Property is not jeopardized N a hen arises or ei triad as a result of nonpayment, Qmmfor shill within Wei (15) days alter the ken arises or, it a lien is Plod, within titesn (16) days alter Grantor has nohoe of Us filing, soams the discharge of the km or d requested by t erider, deposit with Lander cash or a wNclent corporate surely bond or other security Safeslodary to Lender in an wmnt sutiorerit to disdia;9e to Ian plus any costs and atomwW lase, or otter charges that could aowee as a twit of a foredowe or We under the Lan In any conbsy. GrarAo► Mail deaand itself and Lander arid "9W*iy any adveraa padgmwrd Ialore enforcement against tie Property Grantor sisal) namj Lander as an adtlsioral obligee under any sway band hrnishad in the contest proosodlrgs MWIMOd of Ps OOd Grantor Shall upon demand furnish to Lender sahstadoryr ewdance of payment of the uiom or as eessirnentS and that arthorm the appropriate governmerilsl OfhOral to deliver to lender at any time a written Statement of the taxes and mossnianls against the Propwly Notes of faenaSnacum Grartov shill notify },ender at least taken (15) days before arty work a commenced, any sorvmes Ors tumlal ed, qr any rraknels era supplied to the Property. d any msd arw% Mn. matanalmeni9 Ilan, or other ken could be asserted an account of the work, aerwces, or maimift and the cost exceeds $5,DDu 00 Grantor willupon mquad Of Lender furnish to Lender advaim assu mnoes sataitaidory to Lander tat Qmntor can and will pay the cast of such Improvemente PROPERTY DAMAGE Isl&1RAsiM The iolounrg provisions m%fing fv meunig the Properly are a part of this Deed of Trust Melftlenenee of blibu arson Gmakw shell prooiae and maintain policies Of fire ehsura = with Standard erdendad Cowing& endOrblifneift on a replsosmona basis for ifs full Insurable value covering ere Improvements on the Real Property in an antoW suf ent to avoid applicatierl @ any Comsleance clause, and with a standard mortgagee clause in savor of Lender Grador shall also procu a and maprdam coffvreheivve general Wbniity ineurence in such eoverege amounts as Lender may request with Trudw avid Lender being named as additional inaereds in Srxliliability nauranca Policies Adddionatshay maintain Grantor smaintain Such other inwence, including but not kraded to, bulginess This sketch is for the a of showin the a mate ncral location of tithe remises without actual s and Ticor title assunus rho liabili in coarleetion with the Berne 20031118002943.004 DEED OF TRUST Loan No: 1 (Continued] Page 4 mtermrpbon, and boiler msurarum as tender may rraeoriably rer;= Policies shelf to wutten in somas, amounts, coverages and tarsus reasonably acceplWa to tender and issued by a aompany or oomparnag neseonaby saceptable to Lender Grantor, Upon request c Lender, will delver to gender from tans to titre the poicrse or Col riles of meurance in form sat Orly to Larrdar, mdudmg BLplYali0ns sisal Coverages will not be canoalf®d or dimni had Without at tsast fen (10) days prior written notice to Lender Each ufmuaence policy also sled Include on endcraemerf Providing that ,owerege in favor of Lender anll not be mVw and m any way by any ack omasron or derault of Grantor or any other person Should the Real PropwV be located in an area deagrialod by the Daeotw of the Federal Emergency Management Agency as a special flood hazard area, Grarilor apnea io obtain and ntauiam Federal Flood Insurance, d avaitabt% wdhm 45 days area notice s given by Lender that the Property Ia located in a special stood hazard area, for this full unpaid principal balance of the loan and any pnor hens on the prop" saaaing the loan, up to the mammums pokey kinds sat under the National Flood Insurance Prograrrti, or as otherwise required by Lander, and to maintain such insurance for the term of the ban to the MOMMdofTivel ir or neplaoernent eaaxa� 1600 � Lerrdary muJua prof leas d ersintor fm� to wdMn fif0eartif the n (1�5) casually YrtlMter or ++d LandarRa racially s Irnpaa®d, Launder may, at Landeft Action, naomw and Main ds Ot any rrairrance and apply the proosads 1c the rBdtlobon Of ale hidrbledriess, payment of arty Mark e Properly, or the rarslouehen and repair d the Property p Lender sleds to apply the proceeds b rvetorabon Grantor t�,.i repair or replace the daeniaged or destroyed Impravemeris n a manner sa>wtefty to Lender l, ujnon ah4tiaractory proof of such eltpendihire, pay or rmmbiasa Grantor from the prooseds for ilia cost d repair or restoration f Graritar s net rn detenlf under this Deed of That Arty prpcesda whoh haw net tanen drbtaaad WdtNn t/0 daYs attar tt+air mwawwo and whop Lender has not commiled to the repair or restoration of the Property shall be used drat to pay any amount awutg to Lender under u s Deed of TVA ern to pall aocruad meet, and the remamda, it any, OWI be applied to tlin pnncgpW balance of the Irldebledriess if Lander holds any proceeds ~ payment in fug of to khdebtadrheie such proceeds srifdl be paid without merest to Grantor as Omnlorl3 lift to nasty appeer r Oomptli usoe wth Waling Icdbbledaeft During Nhe period in which any En&V Indebleft a liascrbed tallow m in affect, oomplianee with the insurance provmione cu tned in the mebumect ewderrpng such EutIting Indebtedness shall Mule compliance with the msuranca pro sus under tots Deed of Trued, to the ended complisaw w M the terms of Do Deed of Trust woou ld ow skila a dupbcskon of aria anoe raqusanerf t any proceeds from the irrelrame become payable on loss, In provisions in tea Deed of Trust for &=in of proceeds shah apply only to that portion of the prooaeds not payable to the holder of the lbosting Indehledriess Grmwe now on insw tee Upon requ od of Lender. hwisim r arcs more then once a year. Ganior aural tunlleh to Lender a report on each vosimg pahoy of irwuranoe hmwmg (1) the name of to insurer, (2) the risks insured. (3) the amount of the po�oy (4) ere property inmood, if Imn Current replaoamenl ualie of %M property, and 1ha mamier of delermimrg the vdu% and (6) the agwaton date of the pckoy Grantor shelf, upon request of Lander, haw an nrdependarit appraiser ssbawtory to Lender determine the twit value mplacemerd cost: of the Property TAX AND INSL RANCE Subject to any limitations set by appbcabfa law, Lender may raranne Grantor to monlam with Loader reserves for payment of armual tsoms, emsessments, and Irtsuranos prensurns, whit+ reserves shelf be Created by advance payment or modit payments of a sum asltmaled by tender to be vAlimerf to produce6 amounts at leeet equal b the totes, assesemenhs and ireuranoe premiums to be paid Ths reserve funds shelf be held by Lender as a garwinl deposit Rom Grantor, which Lamson may subsk by payment of Rho ts;w& asomment% and assurance premivans required to be peed by Grudor ea they become due Lander shelf have the rglht to draw upon sic reserve funds to pay such ileac, and Lander shtlfl not be required tD dtdarrnmte the validity or semracy of airy dam before parylirg it No" in the Deed of Trust shelf be construed as requiring Lender to advance other monies for such purposes, and Lander shell not now any Iirhbdityr for anythmg it may do or omit to do Will respect to the reserve account Stibjaot to any amrtatiane set by appkoobls how, d to ra ww turide. diadoss a shortage or daR ancy, G7usbr shelf pay such shortage or defowney as requead by Lender AN amounts in the reserve a00ount are hereby pledged to littler soouspindebledness, and Lander is hreby authorized to withdraw and apply such amouds on the Ind"dinew Upon the of an Event of Default tender shall riot be required to pay any nntBlaSt or earnings on the reserve funds unless ragwred by lava or agraed to by Lender in writing Under does not hold the receive fib in trust for Grantor, and Lender a not Grardeft agent for payment of the lutes and assewmeets raguinid to be paid by Grantor LB DUM EXPRNCITIFAS It any achon or proceeding s commenced that would nwhts m* affect Lende ft interest in the Poopedy or if Grantor We 4 oomloly with any prwism of MM Dead d Tnist or any Fleteled Documents, Mduding but not knitted to Grarilorva failure td comply with any tr aslon to mardsin Dcehrq Indebledrim in good stariding as required below, or to dmckorge or pay when due arty amounts Grardor is nxpired to dMahitrga or pay udder tea Deed of Trust or any Related Documents, lender on Grantor's behalf may (but shal not be cbkgeted to) Woe any Poison #W Lender deems appropnele, including but riot kmrtad to de iargtrag or paying all tarles, liens, security interests, erncumbrancee and other dam % at any lima Wind or placed on the Property and paying ad cosfa for msuaatg, ma+r>fetneg and preserving the Property AN euich expenditures incurred or paid by Lender for wch purposes wtk then bear artaresf at the We charged under to Note from In data incurred or paid by Lander to the date of repayment by Gtsfdor All such miperses will become a part of the i i i { -i This sketch is fir the oFshowin the wimate Seneral location of the Mim without actual muvcy and Ticar Title assumes no liabilIg in connection with the same !I 20031118002943.005 DEEDOFTRUST Loan NO: I (Contlnlued) Page s Indlebladnass and. at Lendso aptiori, will W be payable on de[nand, (8) be added to the balanice d the Hate and be apporboned among and be payable with airy nshillmert ptsyrrr t to become due dumg a Cher (1) the term of any applic" nnsuranoe policy, or M tte remaining term cf to Nola, or (C) be created as a balloon payment wirier wall be due and payable at the Nape's rite" The Dead of Trust also will secure payment d theme amounts such right sho be m addition to all other rghle and remedies to which Lender may ba wnbled upon DeWitt WARRAW If', DEFENSE OF TITLE The f wxig provisions relating to ownership of the Properly we a part of this Deed of Trw Tttte. GarAor wantaats that (a) Gtadw holds flood and merkalabls tie of low to an Property in fen srnple, Tree and dear of all lama and encumbrances COW than those art Torch m the real Property desonphon or in the txastieg Indebtedness sectiOm below or in any trft insurance policy. aloe report, or tahal IN opinion issued in War of, and ac epled by, Lander in connection with ft Deed of Trust. and (b) Giatilor hoe the fun right, power, and authority to exaouls and deliver this Deed of Trust b Lender Daftdtae of 'Rile. Subteet to the a wsphm in to paragraph above, Grantor warrants and wit forever defend to IN to the Pfaperty against the tawful duo of ON persons In the riot airy action or prooeedtrg is comrnenoad Met atmabons Graetbra one or the interest of Trusts.- or Lerx* under tins Dead of Trust, Grantor shah defend the action at O a#ntarq apense Garda' may be to nominal party in such proandrng, but Loader shall be enNad to pad apace in the proceildba d dalnreerrad fo Lend.- spleffin� r� n,me� � requ from t Lendarls me totimeto permitsuchsuch �bapat one Compthwe With Lam Grantor warrants that tie Prop" and Gmrkx% as of die Proper corrfplies with all mashing appfic" paws, ordviances, and regulations of govern erdsl aulhorlhss t3tM vkW of Repreaantnittane OW Wartatndes AN repr esentabor^ warranties, and agreements made by Grarri r In this Deed of Trurt shall swum the a moulion and delivery of ttas Dead of Trust, shall be contmuarg In nature. and shall remain in full force and atted until wah lime as Grardaft Indebradnesa shall be paid in fun EXISTING III. The k1mrig provisions ooncemmg rinenng Indebtedness are a parr of this Deed ofTry m tier+ The ban of the Dees of Trust -.-smog the Inaebtadnass may be secondary and interior to ail mask hen Grantor ainprowdy covenants and agrees to pay, or we to the payment 4 the 6osMng Indebted[.--- and to prevent any d9WA on Such any de &A carder #0 anstiilrrreds evsdenang such mdebledness, or any dthW* tatter any eacurty dtoculmenls for such NxM tedneee No Ntodltacalim GrarrW shall not enter into any agreenerrt wdh the holder of any mcr%ape, deed of trust, or otter security agreement which has pnoty dwwr to Dead of Trust by which that agireement a modrtred, amended, sad, or renewed wanout tte prior wnllim consent of Lender Grantior shall neither mquesi nor accept any Arturo advances under any such sectnly agreaifent wrthod the prior written Consent of Lender CONDEMNATION The Wilown prowrerons relating to condemnation promsclirigs are a part of On Deed c Trust Pirooeedlrigf. B any proceeding in cor demir ho n a sled. QwiWr shell pmrripny notify Lender in Iwdrng, and Granter stall promptly ttdte such steps as may be recemr/lic defend the adios and obtain the award Qnvd t may be the atcMWW party m such proceeding. but Lander Shall be enWad to parhdpate in the pmesedmg and iD be represented in the proceedaq by counsel of its own dnoroa all al Grantor- awwas, and Cantor wen detiwer of cause to be dekvomd to Umder such instr moults and documentation as may be requeelad by L.endet Yom time to time tic parnad such participation pmftellim of Net PirocadilL If d at of of conga nation, Lof axlePror i at is election regqby uire that al or a pM=dtngzd theme not proceeds W the award be applied W the hhdobledrim dal the repair or rtistorabon of the Property The net proceeds of the award shah mean the award tatter payrnat of all reaeonabte Costa, eiparm. and aitomeye' fees incurred by Tropes or Lender in Connection with ttre aonderxlabarn Iti1IPWrWN OF TAXES, FEES AND CHARM BY SONER MENTAL ALITIiWITIEL The Wawrrg pirwoons relsbrrg to governmental Was. fees and Charges ire a port of # a Dead of trust CwreW Tea W Fees ettd Charge@ Upon request by Lander. Grardor shall exeraile such documents m addition to Bus Deed of Trust and take whatever other ectivn a requftied by Lender to pwW and ocirtnue Landers lien on the Fbear Raperty Grantor shall rermburve Louder for as lam. AS described below, together with an mpensas Inca id in recording, perfechnq or corranumg this Heed otMug, inAidmg Without hmAahan al Sm, tees, documanfary stannic-, and other eMMes for recording or mgnstering lhls Deed of Tnxd Tess.- The totlgwang shell Constitute lium to which this Section applies (1) a speaAc tax upon this We of Deed of Trust or upon all or any part of the Indebtedness aacured by this Deed of Trust, (2) a speaft to on Grantor which Ckantor is authonwd oe+squired to deduct from payments on the Indebtedness ueexeed by this type of Deed of mist. CB) a tax on this We of Deed of MUM Chargeable agaurisl the Lender or the holder of the Note, and (4) a Vedic tax on all or any portion of the lrrdebledness or an payments dpnncpW and uhteremi made by Grator This sketch i5 for the of showin the —imate 9WWW location of tits Vj without achW sun and Ticor Tide assumes no liability in connediOA with the same 20031118002943.006 DEED OF TRUST Loan No: 1 (Continued) Page 6 Subw**M Tatted. Ifany laic io which fh19 ssn hon apow n trifrcfed sabse u@M b the date of ft Deed of Tnmt, tha everd shell faun flu sane effect as an Event of OdwA and Lender may awme any or al of 0 available remedres for on Event of DdmA as provided below unieae Gredor edher (1) pays the tax bebre it becomes dehnquerd, or (2) ca Anb file lax cue provided above in the Tom and Lima voybon and deposds wdh Lander cash or a eulloent corporals suety bond or amen security satieteclay to Lender BECURM AGR6Eaefawr; RMANCING CrATEMEPfM The follum g provisma relating to this Dead of Trost as a secamty agreement are a pint of this Deed of Trust Security ApreernerC This instrument shall consYhafe a Somaily Agreeeeni to Vie wde d any of the Properly, cxxaehates fbdvess. and Lanier shall rave all of the rghfs of a sectmW pady under the Uniform Cwwwaaf Cade as arrianded from time to erne ' Sear Inteneee. Upon request by Lender. &wft shall womile financing slatomanls and take whatever ether action is by Lender b pentad and contmue LwWw % seocmty interest m the Rerb and Personal Fropoty In additn to recording On Deed of TAnd in the real properly rooarda. Lender may, at any trine and wdhend furlhor authoromhon i from Cww tor, ifs executed c0un*parffi, copes or reproductions of to Dead of Trust as a financing slatemerd Grantor i eflal rambuse Lander ford expensae incurred in psi W ng or oonfinuing this secudy ntlerest Upon defaull. Grantor shag not remom sever or detach the Personal Property from the Property Upon default, Grantor shell assemble arry Personal Prcpgrty not dixed to the Properly to a manner and at a plena mosonably aomiwaent b Grantor and Lender and thence d available to Lender within three (3) days atler receipt al wrdfan demand bw Lander to the extent permitted by applicable law Atldraeaes' The manhr6 addresses of &Ardor (debtor) and Lander (secured party) born which odormatim ooncerreng The aeounly interest prarded by Ohs Deed of Tmd may be obtained (each as wgLwW by fire Worm Comnreroml Coils) an as staled on the first page of to Deed of Trust FURTHER ASSURANCES, ATTORNEf4N-FACT. The follmng pr0viewrrs relating to further assurances and altarney-arfaat am a part of this Deed of Tint hgrprar AnswanOes At any Irma, and tom ems to time, upon request eI Lander, grantor will malia, amine aria deliver, or will cam to be made, wwouled or delivered, to lender or to Lendoft desgw% and when requested by Leader, cause to be filed. recard id, reeled, or remommbel. as Vie case may be, at such Imes tend in such offices and places as Lender may dew appropriate. any and all such mortgages, deeds of Dust; security deeds, seeunty awreements. Onawing sixtemerds. cordmuation efolemanis, insfrumed6 of further asstranoe, cerbliceles, and o"W documents as may. in the sale opinion of Lender, be necessary or desirable in order to of tutus, complete, perfect, eordentre, or preserve (1) Granbrs obligatons under the (dote, this Deed of Trust, snd the Reloled Documents, and (2) erne lama and seemly wrteraate cxeacad by On OW of Twat on bhe Property. whether now owned or herealfer acqunad by Grantor Unless prctobded by taw or Lender &prase to the Owbary in writing, Grantor shell reimburse Lander for all costs and wipeases rw&md in connection wdh the me" renamed to melt; paragraph do any in the proondin paragraph, Lender Pw do oo for arid m� Grwiior and atbGmrdor's eteiiper" F such bpurpoeM Grantor hereby irrevocably appards Lender as Grarima r-m-W for the pUhpM of malang, wiaanbrg, dekrrarrg, h ft. recordrn% and darn al other mtrw as may be necessary or desirable, in L.endeft a* opinion. to ecoomplsh Vie ,If, a raknvd to in the preceding pwawaph FLLL mqa u KM UN M It Grantor pays all the Indebtedness when due, and otherwrw performs all the obllgeacns imposed upon {tailor under Ita Deed of Trust, LarAw shag oxectille and deliver to Th alsa a request for full reconueyanoe and droll suouta and deliver to Grantor su loble afatarrrerrts of ISM110een of any enartorg slabmnent on ft ewdanctng L&ndere security interest In the Rork and the Personal Property Any rermmaeyance tee shall be paid by Grardor, ri pwffdttad by appNoabte law The prantae in any reoonveyance may be dumbed as the person or persons ftasy entitled and the models in the necon voyance of any masers or tafs shal be concluanre prod d the Wth fulness of any such mallets or facts Evfatra OF MWALLT. Enh or the fou mV. at Lenders opeon, sW Oonslitida an Event of Delaull under this Deed of Trtiat PWam l Woull. Grantor fade to make any payment when due under the Indebtedness Cost pafatdWL Grantor fails to comply with or to perform arty Other term. obb9olion, covenant or condrbon corrtanned in thin Deed of Trust or in cry of the Related Documents or to comply wdh or to pef rein any farm, obligsecn, covenant or crondition contained in any clhar aoremnent between Lender and Grantor Cmnpikecce pehailt. Faitltre to comply with any other term, obhgWm, covenant or condition contained in Rue Dead of Trust, no Note or in any of the Refaced Documents I If such a failure n ourWe and d Grardnr has not been gm a notion of a breach of be sanm provision of this Deed of Trust Wilton fie preceding irrelue (12) months. it may be and (and no Foam d Do" with have ocmun" d Grantor. Or Lender sends written notice demanding cure of such falure (a) awes Bin failure within Mean (15) days, or (b) if the an rewres more than tiffeen (15) days, immediately wholes. This sketch is [or the of showing the roxirnare location of the remises without actual survey end Ticor Title A, �** no liabili in connectionth the same wi