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18-102608 (2)
CITY OF Federal Way Centered on Opportunity October 19, 2018 Mr. Costa Philippides Barghausen Consulting Engineers Inc. 18215 72nd Avenue South Kent, WA 98032 CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www.cityoffederalway.com Economic Development Re: File No.18-102608-00-SU; BOUNDARY LINE ADJUSTMENT APPROVAL Multi Care Off -Campus Center, 27818 Pacific Highway South, Federal Way (Parcel #'s 042104-9033 & 042104-9157) Dear Mr. Philippides: The City of Federal Way has completed an administrative review of your two -lot Boundary Line Adjustment (BLA) application to combine parcels 042104-9033 and 042104-9157 into one building lot. The application was deemed complete on July 12, 2018. • Original parcel 042104-9033 is 51,464 square feet and original parcel 042104-9157 is 22,879 square feet. As a result of the BLA, the new consolidated Parcel A will be 74,343 square feet (1.70 acres). The Community Development Department hereby approves the BLA based on the survey drawing prepared by R.L. Hillebrand, PLS, Barghausen Consulting Engineers Inc. Quly 31, 2018), date stamped received August 23, 2018. FINDINGS 1. The applicant proposes to remove the interior lot line between two commercial lots in the Community Business (BC) zoning district in order to construct a medical facility. 2. The subject property is mapped within a geologically hazardous area (erosion hazard). The BLA is not affected by the geologically hazardous area. 3. There is no minimum lot size in the BC zone; instead the buildable area is determined by other site development requirements i.e., required landscape areas, parking area requirements, and surface water facilities, etc. 4. The BLA will result in a parcel with adequate size and shape for commercial development. As proposed, resulting Parcel A will increase in size. 5. Resulting Parcel A is proposed to have vehicular access from both South Dash Point Road and Pacific Highway South. Mr. Costa Philippides Page 2 of 2 October 19, 2018 DECISIONAL CRITERIA City staff has determined the BLA meets decisional criteria set forth in FWRC Chapter 18.10: 1. The BLA is a minor Atemion in the location of lot boundaries on existing lots. The BLA will not increase the number of lots, nor diminish the size of open space or other protected environments. 2. The BLA will not diminish t.Re size of any lot so as to result in a lot of less square footage than prescribed in the BC zoning district. 3. The BLA will not result in the reduction of setbacks or site coverage to less than prescribed in the BC zoning district. 4. The single lot resulting from the BLA will be in conformance with the design standards of the city's subdivision title. RECORDING Please submit one paper or mylar original print of the final BLA drawing, signed and notarized in black ink only. When submitting at the Permit Center, please advise the Permit Center staff to not stamp these documents for recording. The original will be routed to the appropriate city officials for signing (allow for two to five business days). The project planner will contact you when the originals are available for recording by the applicant/agent at King County. Please return one conformed original to Senior Planner Jim Harris immediately after recording. No changes to the approved BLA document are permitted following city signatures. If the county recording process necessitates revisions to the BLA map, you must request and receive approval of any changes from city staff before recording. CLOSING This land use decision does not waive compliance with future City of Federal Way codes, policies, and standards relating to this development. If you have any questions regarding this decision, please contact Senior Planner Jim Harris at 253-835-2652, or jim.harris@aayoffederalwa4y.corn. Sincerely, r Brian Davis Director of Community Development enc: Resubmittal Form c: Cole Elliot Public Works Development Services Manager Greg Johnson, Northstar Property Acquisition,, 0ohnson(it�awa� Bch -col Niklexi LLC, 627 East Francis Avenue, Spokane, WA 99208 18-102608-00-SU Doc. LD. 78366 A�kCITY OF Federal Way Centered on Opportunity July 25, 2018 Barghausen Consulting Engineers Costa Philippides 18215 72° Avenue South Kent, WA 98032 i FILE CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityofiederalway. com Jim Ferrell, Mayor RE: File #18-102608-00-SU; BOUNDARY LINE ADJUSTMENT — TECHNICAL REVIEW Multicare Off -Campus Emergency Center, 29805 Pacific Highway South, Federal Way Dear Mr. Philippides: The City of Federal Way's Department of Community Development is in receipt of the above -referenced Boundary Line Adjustment (BLA) application. The proposal is to adjust the boundary lines to consolidate two lots into one lot as identified on the BLA. City staff has completed technical review of your application. The following items must be addressed prior to the City approving the BLA application. Jim Harris, Planning Division, 253-835-2652, jim.harris@cityoffederalway.com & Cole Elliott, Public Works, 253-835-2730, cole.elliott@cityoffederalway.com 1. Add the project number 18-102608-SU to the Boundary Line Adjustment title block. 2. Please provide documentation that the person signing for Niklexi, LLC is an authorized governor who is registered with the Secretary of State's Office. 3. It appears the Professional Licensed Surveyor's license has expired. Please re -seal with the current license. 4. The lot closure calculations of the proposed lots must be sealed by a Professionally Licensed Surveyor. Submit two copies of current lot closures. CLOSING Once the revisions listed above are made, provide three paper copies of the BLA document with the enclosed Resubmittal Form, along with a letter explaining how the technical comments have been addressed. Once we conduct our second review of re -submitted information, we will direct you to submit one paper or mylar copy of the signed final BLA map for required City signatures. Pursuant to FWRC 18.05.080, if an applicant fails to provide additional information to the city within 180 days of being notified that such information is requested, the application shall be deemed null and void Mr. Philippides July 25, 2018 Page 2 and the city shall have no duty to process, review, or issue any decisions with respect to such an application. Please contact me at jim.harris@cityoffederalway.com, or 253-835-2652, if you have questions regarding this letter or your application. Sincerely, ;5z-nHarris Planner enc: Resubmittal Form c: Greg Johnson/Northstar Property Acquisition LLC, 11275 South Sam Houston Parkway West, Suite 200, Houston, TX 77031 Cole Elliott, Public Works Development Services Manager 18-102608-00-SU Doc LD. 78069 Jim Harris From: Jim Harris Sent: Thursday, April 18, 2019 11:31 AM To: 'Kim Anderson' Subject: RE: Multicare Federal Way BLA 18-102608-00-SU BCE #18660 Kim: The original BLA signed by PW and CD is at will call box in the City Hall Permit Center for you to pick up and process and record at King County. You should get three copies of the BLA map made before heading to King County . Get required King County Assessor signatures on the BLA map before recording. A conformed copy of the BLA must be provided to the City immediately after recording. You need to bring the City a full size conformed copy of the BLA map. If any changes to the BLA map are requested/required by the Assessor Treasurer before recording, the City needs to be informed of and approve these changes before they are• made, as this is changing a document that has been signed by City officials. No other changes to the final BLA map may be made after City signatures. Let me know if you have any questions. Jim Harris Senior Planner Federal flay 33325 8th Avenue South Federal Way, WA 98003-6325 Phone:253/835-2652 Fax: 253/835-2609 www.cityoffederalway.com Office Hours Mon -Thur, 8:00 AM —4:30 PM or by appointment From: Kim Anderson [mailto:kAnderson bar hausen.com] Sent: Tuesday, April 16, 2019 2:37 PM To: Jim Harris Subject: RE: Multicare Federal Way BLA 18-102608-00-SU BCE #18660 Hi Jim — No problem, just let me know when it is ready for pick up and I can take care of getting it recorded and obtaining a conformed copy for City records. Kimberly Anderson I Project Manager Office:425-251-6222 1 Direct:425-656-7483 Barghausen Consulting Engineers, Inc. 18215 72"d Avenue South, Kent, WA 98032 www.harghausen,com From: Jim Harris <Jim.Harris@citvoffederalway.com> Sent: Tuesday, April 16, 2019 10:44 AM To: Kim Anderson <kAnderson@barghausen.com> Subject: RE: Multicare Federal Way BLA 18-102608-00-SU BCE #18660 I am hoping to have this signed and ready for you by this Thursday. We will return one signed original to you as that is current City policy. You will need to have a few copies of the City signed BLA made before recording. The City will need a conformed copy of the BLA map returned to City Hall shortly after recording. Jim Harris Senior Planner a"*0 Federal Way 33325 8th Avenue South Federal Way, WA 98003-6325 Phone:253/835-2652 Fax: 253/835-2609 www.cityoffederalway.com Office Hours Mon - Thur, 8:00 AM —4:30 PM or by appointment From: Kim Anderson Finailto:kAnderson@barghausen.com] Sent: Friday, April 12, 2019 12:27 PM To: Jim Harris Subject: Multicare Federal Way BLA 18-102608-00-SU BCE #18660 Hello Jim — On April 4th, we submitted the final BLA drawings to you which were already signed by the property owner. Can you tell me if the City has signed the map yet, and is it ready for pick up and recording? Thank you. Kimberly Anderson I Project Manager Office:425-251-6222 1 Direct:425-656-7483 Barghausen Consulting Engineers, Inc. 18215 72"d Avenue South, Kent, WA 98032 www.l)arghausen.com CITY OF FEDERAL WAY COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE TRANSMITTAL DATE: September 13, 2018 TO: Cole Elliott, Development Services Manager FROM: Jim Harris FOR DRC MTG. ON: NA FILE NUMBER(s) : 18-102608-00-SU RELATED FILE NOS.: None PROJECT NAME: MULTICARE OFF -CAMPUS EMERGENCY CENTER - BLA PROJECT ADDRESS: 29805 PACIFIC HWY S ZONING DISTRICT: BC PROJECT DESCRIPTION: Removal of interior lot line to create one parcel to conform to proposed emergency care building construction and site work improvements. LAND USE PERMITS: PROJECT CONTACT: COSTA PHILIPPIDES BARGHAUSEN CONSULTING ENGINEERS INC MATERIALS SUBMITTED: Revised BLA Map Lot Closure Calcs Signature Authority Document Resubmittal Form Cole: Please review and let me know if ok or if you have any further comments. Jim H UGH A V 40 a r (r�H6 eM�sN�� Jim Harris, Planner City of Federal Way City Hall 33325 8th Avenue South Federal Way, WA 98003-6325 CIVIL ENGINEERING, LAND PLANNING, SURVEYING August 22, 2018 RESUBMITTED AUG 2 3 2018 CTTY COMUN�ITY DEV OP ENT RE: Responses to Boundary Line Adjustment Comments — Technical Review Federal Way Off -Campus Emergency Department 29805 Pacific Highway South, Federal Way, Washington 98003 City of Federal Way File No. 18-102608-00-SU Our Job No. 18660 Dear Jim: We have revised the plans and technical documents for the above -referenced project in accordance with your Boundary Line Adjustment Comments — Technical Review dated July 25, 2018. Enclosed are the following documents for your review and approval: 1. One (3) sets revised Boundary Line Adjustment Map 2. Two (2) each Lot Closure Calculations 3. Two (2) each Documentations of Signatory Authority for NIKLEXI, LLC 4. One (1) each Resubmittal Form The following outline provides each of your comments in italics, along with a narrative response describing how each comment was addressed: 1. Add the project number 18-102608-SU to the Boundary Line Adjustment title block. Response: The project number has been added to the upper left of both sheets. 2. Please provide documentation that the person signing for Niklexi, LLC is an authorized governor who is registered with the Secretary of State's Office. Response: Please see attached document from the Secretary of State. 3. It appears the Professional Licensed Surveyor's license has expired. Please re -seal with the current license. Response: The surveyor's license in current. The April 25, 2018 date on the map was the signature date, not the expiration. Three revised copies of the Boundary Line Adjustment map, signed by the surveyor on July 31, 2018 are enclosed. 18215 72ND AVENUE SOUTH KENT, WA 98032 (425) 251-6222 (425) 251-8782 FAX BRANCH OFFICES ♦ TUMWATER, WA ♦ KLAMATH FALLS, OR ♦ LONG BEACH, CA ♦ ROSEVILLE, CA ♦ SAN DIEGO, CA www.barghausen.com Jim Harris, Planner City of Federal Way August 22, 2018 City Hall -2- 4. The lot closure calculations of the proposed lots must be sealed by a Professionally Licensed Surveyor. Submit two copies of current lot closures. Response: Two copies of the lot closure calculations, signed by the surveyor on July 31, 2018 are provided with this resubmittal. We believe that the above responses, together with the enclosed revised plans and technical documents, address all of the Boundary Line Adjustment comments — Technical Review in your letter dated July 25, 2018. Please review and approve the enclosed at your earliest convenience. If you have questions or need additional information, please do not hesitate to contact me at this office. Thank you. Sincerely, Costa Philippides, P.E. Senior Project Engineer CP/lb 18660c.004.docx enc: As Noted cc: Greg Johnson, PhiloWilke Partnership Daniel K. Balmelli, Barghausen Consulting Engineers, Inc. Josh Towne, Barghausen Consulting Engineers, Inc. Betsy Dyer, Barghausen Consulting Engineers, Inc. A�kCITY OF Federal Way DATE: 6/19/2018 TO: Cole Elliott, Development Services FROM: Dave Van De Weghe, Planning MEMORANDUM Community Development Department SUBJECT: Federal Way Off -Campus Emergency Dept., File 18-102608-00-SU Please review the attached LLE submittal. As a condition of land use approval, no building permits may be issued until the two parcels are combined. Name: NEW PARCEL A North:125232.9689' East:1272191.7260' Segment #1 : Line Course: N1°03'33"E Length: 361.55' North:125594.4571' East:1272198.4092' Segment #2 : Curve Length:203.16' Radius:189.15' Delta: 61.5389 (d) Tangent: 112.62' Chord: 193.54' Course: S81°12'11"E Course In: N39°33'58"E Course Out: S21°58'21"E RP North: 125740.2710' East: 1272318.8918' End North: 125564.8602' East: 1272389.6644' Segment #3 : Line Course: S28°27'59"E Length: 65.46' North:125507.3145' East:1272420.8655' Segment #4 : Line Course: S2°16'04"E Length: 14.74' North:125492.5861' East:1272421.4487' Segment #5 : Line Course: SO°01'22'W Length: 265.85' North:125226.7361' East:1272421.3430' Segment #6 : Line Course: N88°26'45'W Length: 229.70' North:125232.9660' East:1272191.7275' Perimeter: 1140.46' Area: 74343 Sq. Ft. Error Closure: 0.0033 Course: S27°34'42"E Error North:-0.00291 East: 0.00152 Precision 1:345593.94 .,1414 Y 3( 2018 RESUBMITTED AUK 2 3 2018 CO�MMOF FEDERkL WAY UNrTY DEVELOPMENT i i�tr I'7115`rllE tiC i ICF 1i41{7g �l.'r:'i::f — — • • • e v L r ti Processing Agent for Secretary of State AUG 2 3 2018 NIKLEXI, LLC CITY OF FEDERAL WAY UBI: 602-288-425 CO'MMUNfTY DEVELOPMENT Thank you for filing your annual report online Your annual report has been completed. Please print this copy of your annual report and receipt for your records. Allow 14 days to receive your legal entity registration document in the mail. Your company Entity name: NIKLEXI, LLC UBI: 602-288-425 State of formation: WA Date of formation: April 16, 2003 New expiration date: Apr-30-2018 Your fees Domestic Limited Liability Company: 60.00 Processing fee: 11.00 Total fees: Total payment submitted: Business information Principal place of business: 71.00 71.00 627 E FRANCIS AVE SPOKANE, WA 99208-3634 USA Company telephone number: (509) 484-0464 Company email address: tim@wirbinc.com Is the mailing address of the place of business different from the physical address above? No Does your company own land, buildings, or other real property in Washington? Yes 1. Has there been a transfer of stock, other financial interest change, or an option No agreement exercised during the last 12 months that resulted in a transfer of controlling interest? 2. Has an option agreement been executed in the last 12 months allowing for the No future purchase or acquisition of the entity, that, if exercised would result in a transfer of controlling interest? CONTROLLING INTEREST TRANSFER Has there been a transfer of stock, other financial interest change, No or an option agreement exercised during the last 12 months that resulted in a transfer of controlling interest? Has an option agreement been executed in the last 12 months No allowing for the future purchase or acquisition of the entity, that, if exercised would result in a transfer of controlling interest? IHLOW2 M ti � cLS^F Slat( (.'ff washingT on b 7� 1 I�:iylllE'titi 1,3t'f-I}+Illh Jf:'R.`icE' Prcx'.es5ing Agent for Se< wulry° of Stale Nature of business Type: Real Property Investment Governing People ELIZABETH NELSON E CURTIS NELSON Registered agent Agent type on file: Agent name on file: Agent's office street address on file: Agent's mailing address on file: 3503 W HORIZON SPOKANE, WA 99208 3503 W HORIZON SPOKANE, WA 99208 Individual CURTIS NELSON 627 E FRANCIS AVE SPOKANE, WA 99208-3634 USA Request agent change to Request Agent type change to: Request agent change to: Request agent office street address change to: Request agent mailing street address change to: Person completing this annual report Submitted By: CURTIS NELSON Same as registered office address. Individual CURTIS NELSON 627 E FRANCIS AVE SPOKANE, WA 99208-3634 USA Same as registered office address. Annual report certification: I am the person listed above and I certify under penalty of perjury that the renewal information submitted is true and correct to the best of my knowledge. I understand that deliberately submitting false information may be punishable as a gross misdemeanor, RCW 43.07.210 Date Submitted: Mar-24-2017 CITY O Federal Way APPLICATION NO(s) RECEIVED MASTER LAND USE APPLICATION DEPARTMENT OF COMMUNITY DEVELOPMENT 33325 81h Avenue South JUN 14 2018 Federal Way, WA 98003-6325 253-835-2607; Fax 253-835-2609 uiTY OF FEDERAL WAY www.cityofflederalway.com CWMI NrrY DEVELOPMENT ig-10;2(D,06-0o sU Date June 14, 2018 Project Name Federal Way Off -Campus Emergency Department Property Address/Location 29805 Pacific Highway South Parcel Number(s) 042104-9033 and 9157 Project Description Pi PRINT Removal of interior lot line to create one parcel to conform to building construction and site work improvements. Type of Permit Required Annexation Binding Site Plan Boundary Line Adjustment Comp Plan/Rezone Land Surface Modification X Lot Line Elimination Preapplication Conference Process I (Director's Approval) Process II (Site Plan Review) Process III (Project Approval) Process IV (Hearing Examiner's Decision) Process V (Quasi -Judicial Rezone) Process VI SEPA w/Project SEPA Only Shoreline: Variance/Conditional Use Short Subdivision Subdivision Variance: Commercial/Residential Required Information BC Community Business Zoning Designation Community Business Comprehensive Plan Designation $1,028,000 Value of Existing Improvements N/A Value of Proposed Improvements International Building Code (IBC): N/A Occupancy Type N/A Construction Type Applicant emergency care Name: Greg Johnson/Northstar Property Acquisition, LLC Address: 11275 South Sam Houston Parkway West, Suite 200 City/State: Houston, TX Zip: 77031 Phone: (832) 554-1130 Fax: Email: gjohnson@pwarch.com Signature: /•' - Authorized Agent Agent (if different than Applicant) Name: Costa Philippides, Barghausen Consulting Engineers Address: 18215-72nd AVenue South City/State: Kent, WA Zip: 98032 Phone: (425) 251-6222 Fax: Email: costap@barghausen.com Signature: J ,Authorized Agent Owner Name: Niklexi, LLC Address: 627 East Francis Avenue City/State: Spokane, WA Zip: 99208 Phone: Fax: Email: Signature: ��:.��Cf Authorized Agent Bulletin #003 — January 1, 2011 Page 1 of 1 k:\Handouts\Master Land Use Application Form WA-5 (6/76) Commitment Face Page File No.: NCS-865869-WAl COMMITMENT FOR TITLE INSURANCE Issued by FIRSTAMERICAN TITLE INSURANCE COMPANY First American Title Insurance Company, herein called the Company, for valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagor of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of the Commitment or by subsequent endorsement. This Commitment if preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six (6) months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. This Commitment shall not be valid or binding until countersigned by an authorized officer or agent. IN WITNESS WHEREOF, the Company has caused this commitment to be signed, to become valid when countersigned by an authorized officer or agent of the Company, all in accordance with its By - Laws. This Commitment is effective as of the date shown in Schedule A as "Effective Date." First American Title Insurance Company O�nnas J Gd�tlOr�r Pro-Qtyent P#U� �p fi"Ve,�-�v Jeffrey S. Robinson Secretary RECEIVED JUN 14 2018 C Mj UTY Nr1Y DEVELOPMENT First American Title Insurance Company Form WA-5 (6/76) Commitment 1♦ { -1 First American Title Insurance Company National Commercial Services 818 Stewart Street, Suite 800, Seattle, WA 98101 (206)728-0400 - (800)526-7544 FAX(206)448-6348 Chantale A. Stiller -Anderson (206)448-6286 X—cstiller@flrstam.com Chantale A. Stiller -Anderson (206)448-6286 X—cstiller@firstam.com To: Hillis Clark Martin & Peterson P.S 999 3Rd Ave Ste 4600 Seattle, WA 98104-4084 1. 2 3 Fj Attn: Kurt E. Kruckeberg SECOND REPORT SCHEDULE A Commitment Date: June 01, 2018 at 7:30 A.M. Policy or Policies to be issued: File No.: NCS-865869-WAI Page No. 1 Terri Nugent (206)615-3041 tnugent@firstam.com Terri Nugent (206)615-3041 tnugent@firstam.com File No.: NCS-865869-WAl Your Ref No.: NikLexi Leasehold AMOUNT PREMIUM TAX Extended Leasehold Owner's Coverage $ 7,400,000.00 $ To Be Determined $ To Be Determined Proposed Insured: MultiCare Health System The estate or interest in the land described on Page 2 herein is Fee Simple, and title thereto is at the effective date hereof vested in: NikLexi, LLC, a Washington limited liability company The land referred to in this Commitment is described as follows: The land referred to in this report is described in Exhibit "A" attached hereto. First American Title Insurance Company Form WA-5 (6/76) Commitment EXHIBIT 'A' LEGAL DESCRIPTION: PARCEL A: File No.: NCS-865869-WAl Page No. 2 THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 30 FEET EAST OF THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 4; RUNNING THENCE NORTH 890 45' 51" EAST 234.86 FEET TO THE WEST MARGINAL LINE OF PACIFIC HIGHWAY; THENCE FOLLOWING THE SAID WESTERLY MARGINAL LINE NORTH 10 41' 56" WEST 235.00 FEET, MORE OR LESS, TO THE SOUTHERLY MARGINAL LINE OF NATIONAL PARK HIGHWAY; THENCE FOLLOWING SAID MARGINAL LINE ON A CURVE, 240.00 FEET, MORE OR LESS, TO A POINT 30.00 FEET EAST OF THE WEST SECTION LINE OF SAID SECTION 4; THENCE SOUTH 00 36' 37" EAST, PARALLEL TO SAID SECTION LINE 250.00 FEET, MORE OR LESS, TO THE POINT OF BEGINNING; EXCEPT ANY PORTION THEREOF CONVEYED TO KING COUNTY FOR ROAD BY DEED RECORDED UNDER RECORDING NO. 2501551. AND EXCEPT THAT PORTION TAKEN BY THE CITY OF FEDERAL WAY UNDER KING COUNTY SUPERIOR COURT CAUSE NO. 06-2-01388-KNT, AND RECORDED JUNE 26, 2007 UNDER RECORDING NO. 20070626001067. PARCEL B: THE NORTH 100 FEET, AS MEASURED ON THE WEST LINE OF THE FOLLOWING DESCRIBED TRACT: BEGINNING AT A POINT 30 FEET EAST AND 329.91 FEET NORTH OF THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON THENCE EAST 241.13 FEET, MORE OR LESS, TO THE WEST LINE OF PACIFIC HIGHWAY; THENCE NORTH ALONG THE WEST LINE OF SAID HIGHWAY 329.57 FEET; THENCE WEST 234.86 FEET TO A POINT 30 FEET EAST OF THE WEST LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 4; THENCE SOUTH 329.91 FEET TO THE POINT OF BEGINNING; THE ABOVE PARCELS A AND B BEING DESCRIBED WHOLLY AND MORE PARTICULARLY AS FOLLOWS: BEGINNING AT A POINT WHICH LIES SOUTH 580 31' 14" EAST 39.00 FEET AND SOUTH 010 03' 44" WEST 100.00 FEET FROM THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON; THENCE NORTH 010 03' 44" EAST ALONG THE EAST MARGIN OF 16TH AVENUE SOUTH 361.30 FEET TO THE SOUTHERLY MARGIN OF DASH POINT ROAD AND THE BEGINNING OF A NON -TANGENT CURVE TO THE LEFT, ALONG SAID MARGIN HAVING A CENTER POINT WHICH BEARS NORTH 390 36' 59" EAST A DISTANCE OF 189.15 FEET; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 610 18' 05" ARC DISTANCE OF 202.37 First American Title Insurance Company Form WA-5 (6/76) Commitment File No.: NCS-865869-WAI Page No. 3 FEET TO THE WESTERLY MARGIN OF AUBURN-REDONDO ROAD (KING COUNTY ROAD NO. 1359); THENCE SOUTH 280 25' 23" EAST ALONG SAID MARGIN 82.17 FEET TO THE WEST MARGIN OF PACIFIC HIGHWAY SOUTH; THENCE SOUTH 000 02' 02" WEST 265.01 FEET TO A POINT WHICH BEARS SOUTH 880 31' 14" EAST FROM THE POINT OF BEGINNING; THENCE NORTH 880 31' 14" WEST 236.23 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PORTION TAKEN BY THE CITY OF FEDERAL WAY UNDER KING COUNTY SUPERIOR COURT CAUSE NO. 06-2-01388-KNT, AND RECORDED JUNE 26, 2007 UNDER RECORDING NO. 20070626001067. First American Tit/e Insurance Company Form WA-5 (6/76) Commitment SCHEDULE B - SECTION 1 REQUIREMENTS The following are the Requirements to be complied with: File No.: NCS-865869-WAI Page No. 4 Item (A) Payment to or for the account of the Grantors or Mortgagors of the full consideration for the estate or interest to be insured. Item (B) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. Item (C) Pay us the premiums, fees and charges for the policy. Item (D) You must tell us in writing the name of anyone not referred to in this Commitment who will get an interest in the land or who will make a loan on the land. We may then make additional requirements or exceptions SCHEDULE B - SECTION 2 GENERAL EXCEPTIONS The Policy or Policies to be issued will contain Exceptions to the following unless the same are disposed of to the satisfaction of the Company. A. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. B. Any facts, rights, interest, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of person in possession thereof. C. Easements, claims of easement or encumbrances which are not shown by the public records. D. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. E. (1) Unpatented mining claims; (2) reservations or exceptions in patents or in acts authorizing the issuance thereof; (3) Water rights, claims or title to water; whether or not the matters excepted under (1), (2) or (3) are shown by the public records; (4) Indian Tribal Codes or Regulations, Indian Treaty or Aboriginal Rights, including easements or equitable servitudes. F. Any lien, or right to a lien, for services, labor, materials or medical assistance heretofore or hereafter furnished, imposed by law and not shown by the public records. G. Any service, installation, connection, maintenance, construction, tap or reimbursement charges/costs for sewer, water, garbage or electricity. H. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgages thereon covered by this Commitment. FirstAmerican Title Insurance Company Form WA-5 (6/76) Commitment SCHEDULE B - SECTION 2 (continued) SPECIAL EXCEPTIONS File No.: NCS-865869-WAl Page No. 5 1. Lien of the Real Estate Excise Sales Tax and Surcharge upon any sale of said premises, if unpaid. As of the date herein, the excise tax rate for the City of Federal Way is at 1.78%. Levy/Area Code: 1205 For all transactions recorded on or after July 1, 2005: A fee of $10.00 will be charged on all exempt transactions; A fee of $5.00 will be charged on all taxable transactions in addition to the excise tax due. 2. General Taxes for the year 2018. Tax Account No.: 042104-9033-09 Amount Billed: $ 16,099.91 Amount Paid: $ 8,049.96 Amount Due: $ 8,049.95 Assessed Land Value: $ 1,028,000.00 Assessed Improvement Value: $ 0.00 (Affects Parcel A) 3. General Taxes for the year 2018. Tax Account No.: 042104-9157-09 Amount Billed: $ 8,125.81 Amount Paid: $ 4,062.91 Amount Due: $ 4,062.90 Assessed Land Value: $ 469,700.00 Assessed Improvement Value: $ 68,700.00 (Affects Parcel B) 4. Potential charges, for the King County Sewage Treatment Capacity Charge, as authorized under RCW 35.58 and King County Code 28.84.050. Said charges could apply for any property that connected to the King County Sewer Service area on or after February 1, 1990. Note: Properties located in Snohomish County and Pierce County may be subject to the King County Sewage Treatment Capacity Charges. To verify charges contact: (206) 296-1450 or CapChargeEscrow@kingcounty.gov. 5. Facility Charges, if any, including but not limited to hook-up, or connection charges and latecomer charges for water or sewer facilities of Federal Way Water and Sewer District as disclosed by instrument recorded May 12, 1989 under recording no. 8905120210. 6. Easement, including terms and provisions contained therein: Recording Information: December 11, 1926 under Recording No. 2279404 in Book 1343, Page 25 First American Title Insurance Company Form WA-5 (6/76) File No.: NCS-865869-WAI Commitment Page No. 6 In Favor of: The Pacific Telephone and Telegraph Company For: The right to erect and maintain poles, with the necessary wires and fixtures Affects: as described therein. This easement being given in substitution for, and cancellation of, that certain easement between the part hereto, recorded in volume 1236 of deeds, Page 23 of the records, in the office of the County Auditor of King County, Washington. 7. Easement, including terms and provisions contained therein: Recording Information: 1857776 In Favor of: Pacific Northwest Bell Telephone For: Poles and wires Affects: as described therein 8. The terms and provisions contained in the document entitled "Grade Release Agreement" recorded November 21, 1979 as Instrument No. 7911210771 of Official Records. 9. Easement, including terms and provisions contained therein: Recording Information: August 31, 1993 under Recording No. 9308312475 In Favor of: City of Federal Way, a municipal corporation For: Inspecting, constructing, excavating, installing, maintaining, restoring and repairing surface and storm water drainage facilities Affects: as described therein. 10. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following: Condemned to: City of Federal Way For: Slopes Filed in King County Superior Court Cause No. 06-2-01388-3KNT on April 6, 2006, and recorded June 26, 2007 under Recording No. 20070626001067. 11. The terms, provisions and easement(s) contained in the document entitled "Right of Entry" recorded October 4, 2007 as Recording No. 20071004001261 of Official Records. (Affects Parcel A) 12. The terms, provisions and easement(s) contained in the document entitled "Right of Entry" recorded October 4, 2007 as Recording No. 20071004001262 of Official Records. (Affects Parcel B) 13. The effect of a document entitled "Statutory Warranty Deed", recorded December 17, 2007 as Recording No. 20071217001008 of Official Records. Said document contains an erroneous legal description. FlrstAmerican Title Insurance Company I J Form WA-5 (6/76) Commitment File No.: NCS-865869-WAI Page No. 7 14. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: NikLexi, LLC, a Washington limited liability company Grantee/Beneficiary: Sterling Savings Bank dba Sterling Bank Trustee: UPF Washington Incorporated Amount: $1,002,119.98 Recorded: October 09, 2012 Recording Information: 20121009000749 The above deed of trust states that it secures a line of credit. Before the close of escrow, we require evidence satisfactory to us that (a) all checks, credit cards or other means of drawing upon the line of credit have been surrendered to escrow, (b) the borrower has not drawn upon the line of credit since the last transaction reflected in the lender's payoff demand, and (c) the borrower has in writing instructed the beneficiary to terminate the line of credit using such forms and following such procedures as may be required by the beneficiary. Document states that it is for Cross-Default/Cross-Col lateral ization. 15. Assignment of leases and/or rents and the terms and conditions thereof: Assignor: NikLexi, LLC, a Washington limited liability company Assignee: Sterling Savings Bank dba Sterling Bank Recorded: October 09, 2012 Recording Information: 20121009000750 16. Evidence of the authority of the individual(s) to execute the forthcoming document for NikLexi, LLC, a Washington limited liability company, copies of the current operating agreement should be submitted prior to closing. 17. According to the application for title insurance, title is to vest in MultiCare Health System. We are unable to determine the nature of said entity and require further information prior to closing. 18. Title is also to vest in persons shown as "and/or assigns" on the application for title insurance, whose identity has not been revealed and when so vested will then be subject to matters which may be disclosed by a search of the records against their names. 19. Matters of extended owner/purchaser coverage which are dependent upon an inspection and an ALTA survey of the property for determination of insurability. Please submit a copy of the ALTA Survey at your earliest convenience for review. Our inspection will be held pending our review of the ALTA Survey and the result of said inspection will be furnished by supplemental report. 20. Unrecorded leaseholds, if any, rights of vendors and security agreement on personal property and rights of tenants, and secured parties to remove trade fixtures at the expiration of the term. 21. Prior to issuance of an extended coverage policy, the Company will require an Owner's Affidavit be completed and submitted to the Company for approval prior to closing. The Company reserves the right to make any additional requirement as warranted. first American Title Insurance Company Form WA-5 (6/76) Commitment INFORMATIONAL NOTES File No.: NCS-865869-WAI Page No. 8 A. Effective January 1, 1997, and pursuant to amendment of Washington State Statutes relating to standardization of recorded documents, the following format and content requirements must be met. Failure to comply may result in rejection of the document by the recorder. B. Any sketch attached hereto is done so as a courtesy only and is not part of any title commitment or policy. It is furnished solely for the purpose of assisting in locating the premises and First American expressly disclaims any liability which may result from reliance made upon it. C. The description can be abbreviated as suggested below if necessary to meet standardization requirements. The full text of the description must appear in the document(s) to be insured. Ptn Sec 04 Twp 21N Rge 04E, NW Qtr SW Qtr APN: 042104-9033-09 APN: 042104-9157-09 D. According to the application for title insurance, title is to vest in MultiCare Health System. Examination of the records discloses no matters pending against said party(ies). E. A fee will be charged upon the cancellation of this Commitment pursuant to the Washington State Insurance Code and the filed Rate Schedule of the Company. END OF SCHEDULE B FirstAmerican Title Insurance Company Form WA-5 (6/76) Commitment sx n%Iek� First American Title Insurance Company National Commercial Services COMMITMENT Conditions and Stipulations File No.: NCS-865869-WAl Page No. 9 1. The term "mortgage" when used herein shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of a defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment, other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act or reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclosure such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option, may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of Policy or Policies committed for, and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the Policy or Policies committed for and such liability is subject to the Insuring provisions, exclusion from coverage, and the Conditions and Stipulations of the form of Policy or Policies committed for in favor of the proposed Insured which are hereby incorporated by references, and are made a part of this Commitment except as expressly modified herein. 4. Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest or the lien of the Insured mortgage covered hereby or any action asserting such claim, shall be restricted to the provisions and Conditions and Stipulations of this Commitment. FirstAmencan Title Insurance Company Form WA-5 (6/76) Commitment The First American Corporation First American Title Insurance Company National Commercial Services PRIVACY POLICY We Are Committed to Safeguarding Customer Information File No.: NCS-865869-WAl Page No. 10 In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values, a copy of which can be found on our website at www.firstam.com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; Information about your transactions with us, our affiliated companies, or others; and, Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy J Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. c 2001 The First American Corporation - All Rights Reserved JFirst American Title Insurance Company 1f10-513 Sated this 12 day of October, A.D. 1928. Bay Beazer (seal) SITE COZITM OF 511,"ONCIMSE }' OS ::� aiY of Gotcber, A.D. 1926 before M. the undersigned, a Rotary Public in and for the Rle9 State of Washington, duly oc®imsicamd and sworn, personally appeared Ray Boozer, to we known to be the: individual described in and who executed the foregoing iustrhment, and ao]oewledgAd to me that he signed sod aealod the said instrument as hie free and voluntary act end deed for the uses end purposes thoroim 1 mentioned. .. ,-- witneas my hand and official seal harsto affixed the day and year in this osrtificate abut i written. (S.L.3jotarial Seal) Walter L. Shaw (Com.Bx.reb.20,1951) Notary public In and for the state of Washington, residing at Naeratt. Filed for record at request Of Thom. Irvine Lbr. Co. Nov. 20, 1926 at 06 min past N A V i GOJ L�'` O.orp A. Grant, County Auditor �l D. N. Barter To Quit Claim Dead County of King 4017 old" MED SUTs GRASi1'DA, D. B. Barter, a widower, for the aomaSderation at Soso hundred sad Nifty ((1260,00) Dollars in hand paid, and the agreement of the County of King to install a six Inch pipe culvert across - the right of way at a point and level selected by grantor for the gravity flow of water on the water supply now osistent, to the reservations hereinafter noted and to the agreowsnts of the Countydreim x specially stated, coaysym and quit claim t0 the County of Xing, State of Raekd.cgtm, for use of the Public forever as a public road and highway, the following described real estate, situate in the bounty of $. King, state of Washington: . .r.f. %hat pert of the S.W. '-� gas Lot S1 in Section 4 pa s ( ) , 11ap, 21 N.A. 4 B,R.Y, lying within a strip o!' lend 60 :bet wide# i.e. 30 feet on each aid* of the center line of the Aubmo-Bedmdo Utsnaim No. 1 Survey No. 1446-"C" as surveyed *crow said seatioo; containing 0,65 scree mow* or leas. t' As a part of the consideration of this deed the Grantor reserves and retains the following oil se- �' manta, rights and uses, to-+vit: , 1. That :harems grantor now has certain buildings upon hie ground which abut, protrude Into and extend over a portion of the said right of way for approximately five (6) feet; and whereas the cost of moving soma would be prohibitive; and whereaa the continued use and maintenance of amid building. upon said right of way will in no wise interfere with the Contemplated use by the County; therefore grantor reserves the right to maintain said buildings Rod all the gro®d said buildings now cover, and all ground necessary foi the proper support of the foundations of said buildings, so long as the present buildings shell retain or exist. That if, %■ and when grantor shall choose to men said boildings, and by such moving the ground becom vacant, then this reservation shall oeaa*, £. That whereas grantor has a water supply systea, with pipe, now orosaing the right of way, and: must depend thereon for the future; and whereas the County has agreed to inatell and maintain A 6' pip* Culvert througb the proposed "fill' at the level and point selected by grantor for the axolueive use of ` grantor; and whoroaa said culvert will be below the Warrant of the roadway; th*relore grantor reserves to his own exclusive use forever an eaaemeat over and through maid right of way for said pipe lint at any necessary point. 3. That whereas a certain easement exists .dross amid right of way in favor of, by right of mwq years user by, "Spworth Height&' for water supply system; said system now having installed, and using ■ G" water main along the westerly portion of grantors lands (about Sta.5 plus 10 of the survey No. 1476 grantor reserves and preserves to the said csors said easement and right of way; and the County has agreed to protect amid user, naa and system, - to properly safeguard said water line at the tins of construction, and to Indemify grantor and said users dgainet loss or damage. 4. lhat whereas the proposed "fill" upon the right of way hereby plumbed night dam wotore and flood certain portions of grantorts land, the County ham spend to install aad maintain proper drainage Culverts, to properly drain grantorese maid lanes. Dated this 13th day of Novenber, 1926. D. M. Barter (Seal) amcat to be the free and voluntrry rationed, and an oath stated thct ffixed is the corporate seal or ear in thin oortifionte first Niue iblio in nrd for the stot. -, rosidinr at Seattle. _ past 3 P ]£ ■ 1. Grant, County Auditor r� VI - Dot onus W J. H. Neely, on unmarried zan .f one dollar and other vnlvable sndon, of the County of Bing in tote, tom it. ,ad property: All that portion df north Of and para11e1 wit). the the County of King. State of to maintain Any and all pipe to drag: or take vator from : pipe linos nerving property ly Neely. Sr, ly this 1Bth day or October, 1928 eely, Sr. and Sarah Wooly, ]de he within instruments and acknoati- sot and deed, for th4 uses and A.D. 1928. ,id iblic in and for the Stato of .n, residing at Seattl•+. I poet 4 P is _ Grant, County Auditor 40 iu Deed One (61.00) Dollar conveys end with its principal pleas of ate; Section Twenty-eight (28)0 ro, e County of King. State of at will and tostement of D. M- urpoee of Conveying to the Grantee and contract sxacuted by said ditions upon which maid Grantee STATZ GF';)ASNINGTON CDA.a'fY OF FIND )� 1, the undersigned, a Notary Public in mod for the State or What&ngton, hereby certify that On 1410-614 -- -"---- _ J•• this 13th day of November. . personally appeared before mD. U. Barter, a wwidowar, to me known to - Mtnesaath. Thai ba the individual bmmribad in and xho exrouted t::e foragoiab instrument, and mk nemladW that b. - Dollarm, lawful Unsay of aigm d and sealed the eaon on his fro° �.d voluntary Lot and bad for the uses and purpomoe:ther°in the reosipt vmeroo! is IN . firm unto the rsid yarlii msationed. Given under ay hand and official seal the day and your lest above "tten." ' treat, lot or parcel of ; (W, P:T.Netarinl Sent) WIS• Phelps 201ten particularly bonded and rotary Public residing at Seattle. Tract Sous of Oe; Filee fvr record, at request of County Engineer, Nov. 206 1928 at 3G min past D A M for. raid Co ntv $=K* 1 George A. Grant, Comity Auditor Ior C°wtt of the EtLte o: sad the grontaii Aereia, 2501UB Frank E. Berg, at ai _ Together with tM To Warranty Dead unto said parties of the Frank Z. Berg, Inc. - And the said Far STMrORY WARRANTY USED trstor° do by theme preu . This GBA5x7 Fronk E, Berg and Fanny Barg, his wife, for and in consideration of Tom end No/wO _ hairs, excauators or adimb Dollars, in hand paid, coney end warrant to }Yank E. Berg, Ina. a Wasbingtom corporation, the follow- end in all and singular ing described real aststa, situated in the County of King* State of Washington: good and lawful runt to North half of Lot Tao (2). Block Thirteen (13). Yealor•a Seaond Addition to the City of Soattlm. mad that they hereby Wan according to plat thereof recorded An. volume 1 of plate, page 216, records of King County, Wash, In witness where. Subject to mortgage in the am of $1300.00 and intorest, said mortgage being Anditorua #1968Dii the day and year first al records of King Co. Wash. Also subject to all taus and asmessmwnts. - Signed. Mrlod and delivi Dated this lath day of November, A.D. 1928. r [ro .Corp,_ea� Prank N. Berg (anal) •`- ---- � Fanny Be (anL) By F'X Bar Attorney in .Barg Fact. STATE OF- 7Ll5eIIB TON STATE OF WWASilLDCTON fi! ) SS COMITY CF LINO COUNTY OF KSNG 1, A. T. Draw, of ON THIS 16lh day of November. A.D. 192B before ma, the undermigasd, o Notary Public in and for w the State of ;Washingtoo, duly oonaniaaiaoed and macro personally appeared Yreak E. Bergp husband of by certify that on this . Fanny Borg. to m hmomn to be the individual described in and who executed the foregoing instrument, ' Nshel 0• Davidson, hill wi and acknowledged to as that he signed a»d sealed the emend iaatrumeat as hie free and voluntary act and dualm deeoribod in and at dead for the usoe and purposes therein mentioned., the some as their free ar Witness vW hand and official seal hereto affixed the day and year in this certificate above Given under eq ha (A.T.D.Notarial Seal) ' written. (Comjkt. Sspt.25,1929) (m.J.M.Notmrisl Seel) Marlon J. Moore (Com.Ex. April 26.1932) Notary Public in and for the State of Washington, residing at Seattle. Filed for record at reque ,v Awd.Notat z to z x STATE OF WA4HlNGT3R i by rids SS COUNTY OF' KING ) `.. C. "' Johnson. et ox is the undermigned, a Notary public in and for the State of 11asbington. residing at Seattle a, �- To in thsa above named County and dtete, duly 000mieaiaaad, smarm and quelified, do hereby omrtify that Kmtella U. Elliott on this 18tb day of November. A.U. 148, before se personally appeared Frank E. Berg, hwrlemd of Psaay THE GRANTORS, C. Berg to me know to be the individual described in. and who emeoutad the within inshrmat am the-lttvrn in Feat of Favmy Barg, his wife, and aohouwledged to to that he signed and sealed the °ace am his free for and in consideration M. Elliott of the moue pl.and my Berg. his wife. for the Um and parpo°°° voluntary act and deed s■ Attorney in Fact of said palse Lot Tmanty-oae {2: therein mentioned• this deed is give Cdvwn under qy hand and official seal this lath day of November. A.D.1928. loth, 1926. Bitnabd it w (M.J.Y.wotarial Goal) Marlon J. *cra . Dated November 101 (Co:-.bc. April 28.1952) Notary Public in and for the ahato of Signed in presence of Washington, residing at Battle x Filed for record at request of Frank H. Borg, Nov. 20. 1028 at 44 min past 9 J. Y David R. Hitchell OOJ �'� Ceorgo A. Ortrat, County Auditor SSA I1' DF ti15a'INOYJI ) Bi H9 c0urrhy or airs 250106 Boner J. Levldson, at al _ ILIS Id TO CYJWTIFY .e� Notary public in and for t To Warranty Used Lauri Amdahl Peterson (formerly Amtri Jolmeos end tnermah Johnson Andshl), at vir the within inwtr..nt and THIS INIXITURS, made this 6th day of Nevember in the year of our rord one thousand nine hundred and tmonty size between honor J. Ixv_d°on Lod Umbel U. Davidson, his wife, Clice 1'. Daridwcn and p part and Astri ►ndahl Peterson (Pcrarrly Astri Ard arl) •cr Tavidmoo, his wife* the nrties or cr,e first ! tary act and dead for the otarias Se head an (D.R.M.Notariel 8sa1) Rudolph Peterson, bar husband. ;,artims of the mac awl RETURN ADDRESS: SUSAN DELANTY JONES K&L GATES 925 FOURTH AVENUE, SUITE 2900 SEATTLE, WA 98104-1158 Please print neatly or type information Document Title(s) 27�s2600i0s( 41,00 PAGE001 of 010 ,INGgCOiUKV , ups 20070626001067.Z;Z; CONSENT JUDGMENT AND DECREE OF APPROPRIATION (LARSON — PARCELS 55/56) Reference Number(s) of related documents Grantor(s) (Last, First and Middle Initial) LARSON, RICHARD J. LARSON, KAY A. Grantee(s) (Last, First and Middle Initial) CITY OF FEDERAL WAY Legal Description (abbreviated form: i.e quarter/quarter) Additional Reference trs on page _ Additional Grantors on page Additional Grantees on page lot, block, plat or section, township, range, That portion of the hereinlf= described Parcel "A" lying easterly of the follow ng described line; Beginning at the intersection of the southwest line of said Parcel "A" with a line that is lire 6.50 feet west of and parallel with the west margin of Pacific Highway South (SR 99); ... Parcel "A" That portion of the southwest quarter of Section 4, Township 21 North, Range 4 East, W.M., in King County, Washington, described as follows; Additional Legal on exhibits A & B Assessor's Property Tax Parcel/Account Number 042104-9033 042104-9157 Additional Parcel #'s on page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 200T0626001 067..5 4 The Honorable Brian Gain 1 Ipy IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF KING CITY OF FEDERAL WAY, a municipal corporation, Petitioner, No. 06-2-01388-3 KNT CONSENT JUDGMENT AND DECREE OF APPROPRIATION DAVID J. RHODES; et al., [Larson —Parcels 55/561 Respondents. Tax Parcel Nos: 0421049033, 0421049157 1. 2. 3. 4. 5 [CLERK'S ACTION REQUIRED] JUDGMENT SUMMARY Petitioner City of Federal Way Vested Fee Owners Richard J. Larson and Kay A. Larson Principal Judgment $39,225.00 Costs and Fees Each party to bear its own costs and expert and attorney's fees Prejudgment interest Included in Principal Judgment Amount Unpaid Just Compensation Amount shall bear interest at the rate of 12% per annum pursuant to RCW 4.45.110 from the date this Consent Judgment and Decree of Appropriation is entered until the unpaid balance of the Just Compensation Amount is paid into the registry of the Court in the manner set forth herein. CONSENT MGMENT AND DECREE OF APPROPRIATION - I KA3406710001 MAAMW AM_P21 AK PRESTON GATES & ELLIS LLP 925 FOURTH AVENUE SUITE 2900 SEATTLE. WASHINGTON 99104-1155 TELEPHONE (206)623-7580 FACSIMILE (206)623-7022 1' 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 200TO626001067 I JUDGMENT AND DECREE THIS MATTER having come before the Court upon the consent of the parties upon the Petition of the City of Federal Way ("Petitioner"), seeking: 1) A determination of just compensation to be paid in money for the taking and appropriation of the subject property; 2) A judgment and decree of the Court providing for payment of the just compensation so determined; and 3) A decree of appropriation vesting title to the subject property in Federal Way and adjudging that Federal Way be entitled to immediate possession thereof. THE COURT HAVING entered its adjudication of public use and necessity, declaring that the use for which the subject property, legally described in Exhibit A and Exhibit B to this decree, and as described in the petition (the "Property"), is sought to be appropriated is a public use, and declaring that there is a public necessity for such j appropriation. Petitioner is represented by Susan Delanty Jones and Alina A. McLauchlan of Preston Gates & Ellis LLP, its attorneys, and respondents, Richard J. Larson and Kay f A. Larson are represented by John O'Rourke of Law Offices of John O'Rourke. The parties have stipulated to and approved the form of this Consent Judgment and Decree of Appropriation. NOW, THEREFORE, in accordance with the parties' stipulation and agreement, it is hereby ORDERED, ADJUDGED AND DECREED that the sum of Thirty Nine Thousand Two Hundred Twenty Five Dollars and No Cents ($39,225.00) represents the just compensation for the Property taken. In order to satisfy the monetary requirements of the Stipulation and Agreed Order for Immediate Possession and Use, Federal Way has previously deposited Thirty Two Thousand Eight Hundred Dollars and No Cents } ($32,800.00) into the registry of the Court. This amount is a credit against the principal CONSENT JUDGMENT AND DECREE OF PRESTON GATES & ELLIS LLP i APPROPRIATION-2 925 FOURTH AVENUE SUITE 29M Ill K:L5486710001&AAM\AAM_P21 AK SEATTLE. WASHINGTON 9810 -115S TELEPHONE (206) 623-M0 FACSIMILE (206)623 i022 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1s 19 20 21 22 2? 2� 2! judgment established in this Consent Judgment. Thus, the City will deposit into the Court's registry the additional amount of Six Thousand Four Hundred Twenty Five Dollars and No Cents ($6,425.00). The total amount of $39,225.00 represents just compensation for the Property. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that upon entry of this Consent Decree, Petitioner is hereby granted the right to appropriate, use and take the Property, and all of the right, title and interest of respondent in or to the Property described in Exhibit A and Exhibit B to this Decree, and of those claiming by, through or under it, and title shall be vested in petitioner in fee simple. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that upon entry of this Consent Decree, Federal Way will provide notice to all parties with an interest in the Property. Larson, and such parties, if any, must seek disbursement of the funds, if at all, pursuant to RCW 8.12.150. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that a certified copy of this Consent Decree and Judgment of Appropriation shall be filed in the Office of the King County Auditor and shall be recorded by such (A�ditor like a deed of real estate f with like effect. jj DONE IN OPEN COURT this CONSENT JUDGMENT AND DECREE OF APPROPRIATION - 3 M4887W0018W1M%AAM P21AK PRESTON GATES & ELLIS LLP 925 FOURTH AVEWE SUITE 2M SEAT3LE. WASHINGTON 9S104-I I5S TELEPHONE: (206) 623-7550 FACSIMILE (206)623.102'' os7.�= 1 2 3 4 5 6 7 8 9 10 11 12 13I 14 15 16 17 18 19 20 21 22 23 24 25 Presented by: PRESTON GATES & ELLIS LLP By Su an Delant June SBA # 09529 A11na A. McLaucll] , WSBA#31570 Attorneys for Petitioner City of Federal Way Approved as to Form; Approved for Entry: LAW O-ENCE OF JOHN no R'Rourke, WSBA#21615 for Respondents J. and Kay A. Larson 20 70626001067 == ,i CONSENT JUDGMENT AND DECREE OF PRESTON' GATES & ELLIS LLP APPROPRIATION - 4 925 FOURTH AVEMJE SUITE 2900 K;V34B67100016"MIAAM_P21AK SEATSLE, WASHINGTON 9810,1 I58 TELEPHONE (206)623-7590 FACSIMILE: (206) 623.7022 20070626001067.-_ EXHIBIT A PARCEL NO. 0421049033 RIGHT OF WAY THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL "A" LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE. BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF SAID PARCEL "A" WITH A LINE THAT IS 6.50 FEET WEST OF AND PARALLEL WITH THE WEST MARGIN OF PACIFIC HIGHWAY SOUTH (SR 99); THENCE NORTH 000 00' 48" EAST ALONG SAID PARALLEL LINE, 165.82 FEET; THENCE NORTH 020 16' 38" WEST, 13.71 FEET TO 1HE SOUTH MARGIN OF SOUTH DASH POINT ROAD (SR 509) AND THE END OF THIS LINE DESCRIPTION. CONTAINING 1,125 SQUARE FEET MORE OR LESS. TOGETHER WITH THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL A" LYING NORTH OF A LINE THAT IS PARALLEL WITH AND 44.00 FEET SOUTH OF THE CENTERLINE OF SOUTH DASH POINT ROAD (SR 509). CONTAINING 159 SQUARE FEET, MORE OR LESS. PARCEL A THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., INKING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 30 FEET EAST OF THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 4; THENCE NORTH 89 ° 45' 51 " EAST 234.86 FEET TO THE WEST MARGINAL LINE OF PACIFIC HIGHWAY,• THENCE FOLLOWING THE SAID WESTERL Y MARGINAL. LINE NORTH 010 41, 56" WEST 235.00 FEET, MORE OR LESS TO THE SOUTHERLY MARGINAL LINE OFNATIONAL PARK HIGHWAY, THENCE FOLLOWING SAID MARGINAL LINE ON A CURVE, 240.00 FEET, MORE OR LESS TO A POINT 30.00 FEET EAST OF THE WEST SECTION LINE OF SAID SECTION 4; THENCE SOUTH 00* 36' 37" EAST, PARALLEL TO SAID SECTION LINE 250.00 FEET MORE OR LESS, TO THE POINT OF BEGINNING; EXCEPT ANY PORTION THEREOF CONVEYED TO KING COUNTY FOR ROAD BY DEED RECORDED UNDER KING COUNTY RECORDING NUMBER 2501561. SURVEYORS NOTE. THE CENTERLINES OF PACIFIC HIGHWAY SOUTH ISR 99j AND SOUTH DASH POINT ROAD ISR 509) ARE BASED ON THE RIGHT OF WAY PLANS FOR SR 99 HOV LANES PHASE 3, ON FILE WITH THE CITY OF FEDERAL WAY PUBLIC WORKS. 0421049033.doc - 1- E A R T H` J T e C A ryca WTOWATOW uD. CoWANY 20070626001067." SEC. 4, T. 21 N., R. 4 E., W.M. Lu 56.5 TAX LOT NUMBER M 0421049033 50 p PROPERTY LINE Z� PROPOSED EXIS71NG ROW ROW TAX LOT NUMBER o 0 { 0427049157 C; 66 PROPOSED ROW TAKE AREA = 650 S.F.: .� rr �—,PROPER7Y LINE u T.S. vi co TAX LOT NUMBER U o 0421049259 � � � 2 � j CL PROPERTY LINE 30' I r TAX LOT NUMBER EXISTING 0421049035 I ROW C/L EXHIBIT PARCEL 0421049157 ROW TAKE FEB. 2006 ACAD No. 0421049167 E A R T H T E C H 10800 N.E. 8th St. 720 S. 333 St. Ste.200 7th Floor Federol Way, WA 98003 Bellevue, WA 98004 253 838-6202 425 455-9494 20070626001067_== EXHIBIT I PARCEL NO. 0421049157 RIGHT OF WAY THE EAST 6.50 FEET OF THE HEREINAFTER DESCRIBED PARCEL "A ". CONTAINING 650 SQUARE FEET, MORE OR LESS. PARCEL ':4 " THE NORTH 100 FEET, -AS MEASURED ON THE WEST LINE OF THE FOLLOWING DESCRIBED TRACT• SEWNNING AT A POINT 30 FEET EAST AND 329.91 FEET NORTH OF THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., /At KING COUNTY, WASHINGTON; THENCE EAST 241.13 FEET, MORE OR LESS TO THE WEST LINE OF PACIFIC HIGHWAY; THENCE NORTH ALONG THE WEST LINE OF SAID HIGHWAY 329. 57, THENCE WEST 234.86 FEET TO A POINT 30 FEET EAST OF THE WEST LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 4, THENCE SOUTH 329.91 FEET TO THE POINT OF BEGINNING. SURVEYORS NOTE.• THE CENTERLINE OF PACIFIC HIGHWAY SOUTH ISR 99/ IS BASED ON THE RIGHT OF WAY PLANS FOR SR 99 HOV LANES PHASE 3, ON FILE WITH THE CITY OF FEDERAL WAY PUBLIC WORKS. 0421049157. doc - 1 E A R T H@ T E C H AtWO WWRN MW 17a eaWAUJY 20070626001067_ _• _- SEC. 4, T. 21 N., R. 4 E., W M. � R=249.99' SR 1509 J� N 89'SB'32- F a 6y35' w Of EXIS PPOPGSED ROW TAKE R=293.99' ROWI NG Q AREA = 159 S.F.f L=82.63' \ z � w N.T.S. w . 4. cn 1 "Zc g a PROPOSED ROW = TAX LOT NUMBER 0427049033 50, m PROPOSED ROW TAKE AREA = 1,125 S.F.t 30' 55.5' f PROPERTY LINE _ P.O.B. ING TAX LOT NUMBER EX ROW ROWW C/L EXHIBIT PARCEL 0421049033 ROW TAKE FEB. 2006 ACAO No. 0421049033 E A R T H T E C H 10800 N.E. 8th St. 720 S. 333 St. Ste.200 7th Floor Federol Way, WA 98D03 9 al!evur, wF 90004 253 838-6202 425 4y5-9.44 20070626001067.L' j STATE OF k%ASH;NGT0X i County cr .Lccq S` Of a the nr s 1. a �.e Ce lark of ti+[3 Su rtar Lad rt '�' of rn tt tar ce may► tF.� sar.:a ��r4. - - : ; ``r .� r�^Y sr•;r! t±'ar �-��x:^ -! : "��y R:. is a tru. ir7 aC3, Nlra rsrrt 4S r IFR��sc. c _ �:a c;' it ai c ` `.ha aarnp Seal of said eri 1 at>a .:7 ,- �,, „'wa :herecf. rlay of Sup or Curt a' l' e'fica i S� c; . r'.5✓.=d the -n:s�� w tice of Additional (later or Sewer Facility Tap or Connection Charge WrICE IS 6LREar 6IM that Pederal flay hater and Sever, of � King County, :tashington, iateads to levy a tap of connection charge j for ptoviding water and/or sanitary sever service to the realty be- 1 low described. Further information regarding the charge is arail- abie at the District office at 31-627 Pirst Avenue South, federal ' Nay, Washington. The realty subject to the tap or connection charge is described t ms follows: jjj h Exhibit "A" This Notice supersedes in its entirety the "Notice of Tap or Connection Charges Pursuant to 8CV 65-05.170" filed with [ins County, 6ashington under Auditor's File No. 8106010916. This notice Is given pursuant to R-C:.W- 65,08.170. oam this day of , 19-6-1, BY -- ' �44 ra y �I� ter aw Sewer si�CtS" ROQ1C+ ]A Position: STA= or WASSING70M ) ''.ASr15L 55 sm: County of King ) I certify that I know or have satisfactory evidence that 5-nWO .N WMM1X4L signed this instrument, on oath stated that _kiL- is authorized to execute the instrument and acanwledged it as the 7facrre,c o!'---iw4 -- of FEDERAL why HATER AND SEWER to be the free and voluntary act of such party for the uses and pur- poses mentioned in the instrument. IlSTI pr ApmIL 9, 1921 ! tllt ■. �]� ! AGrAie� + .yrr ) sE't a ffy NY appointment expires Y-zs li I � � I 1 FEDERAL'NAT WATER ADD SEVER LEGAL DESCRIPTION i miBIT 'A' All of Sections 3, 4. 5. 7. 8, 9, 1C, 15. 16.217l ;brth,Range14 21, 22, 21, 23, 29, 32, 33, and 34, Township Fast, N.K.; TOGETBEit with. ail of Section 13, Township 21 North, Range 3 East' U.N.; TDGE,1En 1,ZTsi 2ortions of Sections 17, 20. 21. 28, 29, 32, 33. 34. and 35, Township 22 North, Range 4 East, H.K.; TgGTc�71ER. WITW portions of sections 2, 6, 11. 14, 23, 26, 34, 31, and 35, Township 21 North, Sange 4 East. W.K.: 7D<,k"S13£R V171d portion$ of Sections 2 and 3, ;o+r+ship 70 North, Range 4 East, W.K.: -rc)=rmit ii'1Ty portions of sections 1, 10, 11,Si12, 14, 15, 21, 24, and 25, Township 21 3vrth, Rang e 3 test,More particularly described as follows: Beginning at the intersection of the north linecof section o 3, Township 21 North, erline Range 4 -oast, Grand View Boulevard, also :Hawn ens 56th Aveaue south: Thence southerly along the centerline of Grp ViewBoul Boulevard its intersection with Pennsylvania Avenue, 346th Place: Ttencm southerly slang the eeaterlina of Pennsylvania Avetme, also knows as scxtth 348th Place. 57th Avenvg Southoulevard: Ply South, to Its ioterse=tioo rith Grand 'Prince southerly along the centerline of Grand View Boulevard, also icnowo ss 56th Avenue South aAd 57tt avenue South, to its iatecsectian with the 'i*starly aYtensas reeiorded in oluse 20 of Lot 2e, Block $3, of 7ovitz Batghts, rlats. pages 12a through 12f, Inclusive, records of xis Count,, oteucmd aste24luloN said wasteeornerrof said aLot 24%noeth lies I Tb....a an,Ib-,IY auq lcthe sestecly lines of tots 24 t34, 81odc 34 S Lpausi7m, of said Block 93, to the south line o! Lot jJ g3, of 7avita $eights: i ,hence westerly aloes slid south line of Lot 34 aa3 the westerly extension of said south line to its intersection wit: the Centerline o[ uLa,W ':yr. .:+--.._--�. a74-4 awewe South; TZrnce souW�Lily slang the centerline of=and tier Boulevard to its intersection with the westerly extension of the north line of Lot 6, Block 146, of said Jovita Heigh=s; Thence easterly along said westerly extension and said north line of Lot 6 to the northeast corner of said Lot 6; Thence southerly along the east line of Lots 6 thrDuWi 20 to the southeast corner of txt 20 wnich is also the cost northerly corner of Lot 40. Block 146, Jovit! Eeigh ts; rj Thence sou lresierly along the northwest line of said Lac 30 to the cost westerly corner of said Lot 40. said corner is on the LD northera margin of Ohio Drive, also roam as South 364th Place; W4 Ihence saw t-herly a-%d sa,thwrs.arly along ;ha naxthern margin of Ohio Drive, also known as 5"t-h 364tt Flare, and also heiog the seutheaatarly limas of Lpt3 27 through 36 inclusive, in s:id UDBlock 146, Jovita flights, to the southwest line of said Lot 36; Thence southeasterly along the southeasterly extension of the southwest line of said Lot 36 to the centerline at Ohio Drive; Thence southerly along the centerline of Ohio Drive to its i intariectiot with th* s,= theasterly extension of the fll northeastern line of Lot 39, said northeastern line Leine South 39'41,17' East frog the mat northerly corner of Lot 39, Block 1 146 of s-id Javits Heights; Dace mrtboesterly slang said southeasterly extension to the i resters eargfa of ohio Drive. also being the southeastern line of said Lot 39; f Theaoa southerly along the said sargia of Ohio Drive and the i soutteastern line of said Lot 39 to its intersection with the €k westerly ex *=ion of the north line of lot 12, Bloc} 145, of 1 said Joeita Heights: k comma@ easterly along said westerly aztension and the north line Of said Lot 10 to the rust easterly corner of Lot 10; Tieneae soutbw,rsterly along the south line of said Lot 10 and its santhwesterli extWWipe to its intersection with the western margin of aragan 'Drive, also known as SSth place south; Them:* southemterly along said Western sargin also being k pontoon of "o eastern lines of lots 15 and 16, Eloc* 144 of Bald .3wita Reigbts, to the most easterly carnet a! said Lot lii {� jt r a F k - 3 - Tharce northeasterly across Jhic Drive, also k2own 3s 55tt Place South. to the most northwesterly corner of Lot 1, Bioda 143. of ..:.i Inwita ite inhta_ Thence northeasterly, S=the=1y 42.2's :7�cs:er:y along t.ye lines of said Lot 1. slsa Sera; the sal: --e^ a� western margins bE Oregon Drive, whit'r is also �� as S6xs Place South. co the most southerly corner of said Let 1: Thence continuing southerly along the western margin of Ocegas Drive, also being L`:e east lice of Lots 2 and 3. Block 143, in said Jovits Heights, to the southern line of said Lot 3; Thence westerly along the souk lix of sai3 Lot 3 to its intersection wits the easterly lire .!,Lot 4. Blocs 143. Javita Heights; Thence southerlyandsouthwesterlyalong heereasterly therly line Of rner of Lots 4 throu4h3 Lot 26, Him* 143, Jovit3 Heights -- Thence southeasterly along the northeasterly Tile of Lots 26 through 3S, inclusive, to the northeast corner of Lot 35. Block 143, dowits Heights: Thence southwesterly to a point on the northwesterly line of Lot 36. Block 143. Jovits acight3, which is 250 feet northeasterly of the southwest corner of said Lot 36: Thence which is2S0'feetrleas erlyofnt 00 the the Southwesthcornerotnereaf; 36 Thence South og,13,51' West to the intersection with the north line of the South 1/2 of theeN rtbwest V4 of Section 351 'to —hip 21 /orth. mange Thence easterly along said north line to its intersection with a:od parallelyw�ith the welt lineof Lott awhich . Block Is.s 120 feet wD rly of Hilnan,s 'pacific city addition to Ci:7 of Scattle, aivisiau so. 1, according to the plat thereof unrecorded in VOLUME 13 of Plats. page 64, -*cards of " County, vashingtoe; Thence southerly along said northerly eatensioo and said parallel line to its intersection with the south line of said Lot e; Than= westsrlr along said south line to the northeast corner of Lot 5 of maid 9locL 16; Tbenoe soutberly along the east line of said out S, a distance Of UN feet - 4 - Thwnee southwesterly to the intersection of the east line of lot 4 of said Block 13, with a line aau il-=L=�••«li c- a -- parallel with the south line of "id rot 4; Thence vesterly along said parallel line to its intersection with the west line of said Lot 4; Thence southerly along said west line to the southeast Corner Of Lot 3 of said Block 16; Thence westerly along the south li,-m of said Lot 3 to _ts intersection with the nortaerly extension of t'e west line of Lot 11. Block 17, of Said C. D. Bilman's Paci!ic city •.-Ijition to city of Seattle, Division so- l; Thence southerly along said nortaerlY axtensioa and the rest line of said Lot 11 to its irte'rsaction with a line whimb is ISO feet southerly of and parallel wia the north line of said Lot 11; Thence easterly along said parallel line to its intersection with the west line of Lot 10 of said Block 17; Thence southerly along said west line to the northwest corner of Lot 5 of said Block 17; Thence easterly along the north line of said Lot 5 to the northwest corner thereof; Thence southerly along the east line of said Lot S to the northwest corner of Lot 6 of said Block 17; Thence easterly along the north line of said Lot 6. a distance of 240 feet; d tat 6 which is 22nce 75 feetrly to a easterlytofethe southwest Corner thereof; ahsdistance ofrly at 30 feet�totthe lerorth line of the Sooth 1/2 of9 to the south line of said �thf• e Southwest 1/4 of said Section 3S; foot meterlylof theme saline ofaorth lthe East point the Said Southwest 1/4; hype southerly to a point on tte north line of the South 1/2 of south i/2 of the 14 southwest mid 1/4tth winch of is 4SO the feet d west (aa aseas line, of the 2fat V2 of the Southwest 1/4; an the south aid Stcticn which 1s 600 Meet sastiorlytof the soutftwostnwQr'&e3S r *f the said bast 1/2 of the Southwest 1/4; -5- Thence westerly alo'q said south line of said sectian�3s�whichj T.•-.�� it -t �• .. is also the north line or sec=ion i, irate -section wlt� the north margin of Puget East. W.Tl-, to the Sound Electric Railway right-Of-vay (Puget Sound pore- and Light coapany right-of-way); Thence southvesterly, westerly and notthveste_ly along the north Railway right-of-way [Puget gargin of the Puget Sound Electric and Light ComFanf right-of-w:y] to the intersection { sound pouec wiLh the norLh line of Section 3, Township 20 Korth, Ramie line of Section 34, Tovr-ship East, li_!l_, which is also the south 21 !forth, Range 4 East, d Thence westerly a:ang the south line of said section 34 and line of section 33 and continuing westerly along the south 32 to the southwest corner of Section 32. Township 21 section Borth, Range 4 F«Ist, R-K•: rl y� Thence northerly along the west line of said section 32 to the boundary line of Ring County; C intersection with the southwestern i IZ) Thence northwesterly along "id Southwestern boundary of Xing Sactjan 31 and section 3Q. Township 21 Northt County through line nf to its imtersact;on with the being the castlineof s5w de Sect on,36.K., said vest line also section 25, Township 21 North, Range 3 East, K.K.: _ i Thence continuing northwesterly along the soul-1'wester° boundary - through sections 25, 24, 23 and 14, Township 11 of Ling County Korth, Range 3 East, W.r•. to its intersection with the vast 14, being the east line at Sbctino 15. J line of said Section 31s Township 21 North, Range W.M., Thence eantinuing rnorthwesterly along the southwestern bouo" with the west line Of t of King Cwnty to its intersection Lot 2 in said Section 15; Government t 2 Thencesaid west lne of GoverTamoc o� said GOVRCtY1g nLDiot Za hid ann —� northwest n0 [I1rnrlong $eCt Cheely t� Thecae easterly along the north line of said Gove- at lot 2 of with the east line of said Section 15 to its intersectioh ne'vast line of Section east line Sectiaa 15, said a 3obeingw 14, Township 21 North. Rang ' Thence cahtinuing easterly along the north line of the South st i 14 to the northeast 1/4 of the xorthwst 1/4 of said section 1/4 Of the Borthwest 1/4 of Section 14. corner of said southwest asid point elan Wing the south"s t corner of the Northeast 1/4 J a the eorthwst 1/4 of said Section 14; i J i �. 6 T`epce :w rtaerly aloaq the west line of said :lorthdast 1/4 of t tinr_h.,est 114 of Section 14 to the northwest corner of said gortjeast 114 of the Northwest 1/4 of Section 14, said point Also beizy tl-e southBast corner of the Southwest 1/4 of the Southwest 1/4 of Sect zoe 11. Towmshlp 21 sorth, Range 3 East, W.R. Thence westerly along Lhe Guth line of said Section 11 to the soutriwest corner of said Section 11. said point also being the southeast corner of Section 10. Township 21 North, Range 3 East, v.H.; Thence continuing westerly aio.., the south line of said Section 10, a distance of 554.34 feet; W4 Thence northerly parallel to t-he east line of said Section 10 to trio southerly margin of Ingram Drive, also known as Southeast 316" Place, as it existed SeptemQer 1, 1981, 30-feet in width; 7 Thence northeasterly along said saat_hern margin of lnyrAm Drive C to a point of intersection with the east line of said Section 0] 10, also being the wes= line of Section 11, Townsbip 21 North, L� Tsang@ 3 East, Y.ri.; Thence southerly along the west line of. said Sectiol 11 to the northwest carnar at the southwest 1/4 of the southwest 1/4 of said section 11, said point also being the southwest corner of the Nart!!i+rest 1/4 of the southwest 1/4 of said Section 11; "hence easterly aloorr the south line of said Northwest 1/4 of the Southwest 1/4 of Section 11 to the west line of the East 1/2 of said Northwest 1/4 of the Southwest 1/4 of said Section 11; Thence enrt.L*rly along said west line of the East 112 of the gottawest 1/4 ,f the Southwest 1/4 of *aid Section 11 to its intersectioo witl, the centerline of Puget Sound bursae View Ache, also known as Southwest lash Point ROW: Thence easterly and sou theasterly aloN the centerline of Puget Sound rari4s View nrivu iSouthn"3t Dash Paint Roadl to its intersection with a line which Lies 60 feet east of and parallel to the .rest line of the Northeast 1/4 of the Southwest 1/4 of j said Section 11; Tbenoe wctkwrly along said Line 60 feet east of and parallel to the west lice of the said nareheast 1/4 of the Southwest 1/4 to the ea*t-heat cantacl[oe of said section 11; Tbamoe wterlr alaeq the east -rest Centerline at Section 11 to a point S%.i5 feet west of the southeast corner of the Moctiwast 1/4 of Said Section 11; i t : ace northerly along the west line of the east 596_65 feet of .aid ro�thweat 1/a of said section 11 to its intersection with the south line of Dumas Heights, according to the plat tnereot recorded in .dame E3 of Plats, pre 17, Re --ors of Six) County, Washington; -fence easterly along said south line of Dumas Heights to its intersection with the east line of said northwest 1/4 of said Section 11; Thence south along said east line of the Northwest 1/4 of said Section 11 to the suet -'least turner of said Northwest 1/4 of Section 11, saie_ poin. also Lein; the southwest c;uner of the Northeast 1/1 of said Section 11; Thence easterly along the south line of the Northeast 1/4 of said Section 11 to its intersection r_th the west line of Goceraaemt Lot 1 of said Section U. D Thence rkrtheriy along said west line to its intersection with tt the sough line of lot 16, 5._:,� Palisade Beach --state, according to the plat thereof: as recorded in the Vcl:ine 63 of Plats, payas rl and 52. Retards of King County, Washington; L3 Thence westerly along said south line of said Lot 16 and the south lines of Lots 15, 14, and 13, to the most westerly line of ;r said Plat of Schade Palisade Beach Estate; M Thence northerly along said west line of said Plat of Scnade Palisade Beach Estate to the line of high tide of Puget Saund; Thence northeasterly al-a:.g said high tide line to its intersection with the earth line of Section 12, Township 21 North, Ramp 3 East, N.S.; Thence easterly along the north line of said Section 12. alsv being tht south line of so=ian 1, Township 21 Hrth, Rarge 3 East, sr_a►., t-t the Mort..'; -south centerltoe of said Section I. - Thence northerly along the fiorth-south centarlim of Section 1, Tarnahip 21 North, 52t4g'e 3 east, Mal., to the Governswat Meander Lire, also the aortt4est corner of Ccr+er.went Lot 2 in said Section 1; TbarMra easterly along rho Goaernmot Meander Line, also being the meth line of Goeernreat Lot 2 and co*ernmaat Lot 1 is said section 1, to the Geaoder Corner an the east line of said Section 1, also being the rest lion of Section G. Township 21 North, Mange i East. U.N.; Thence onctherly along the rest Use of said Section 6 to the Jim of Extrume Low Tide of loget Sound; a Thence easterly and northeasterly along saia line of e:trose law tide of Puget Sound to its iaterse:tis witz toe east line of said Section 6; Thence southerly along said east lint of said Sectioa 6 to its intersection wi-z the Government Meader Line, said poist also being the intersection of the Government Meander Lira and the rest lisle of Government Lot 4 in Section $, Township 21 ■orth. Range 4 East, W.A., Thence northeasterly along said ;averament Kear+der Line to its intersection with t.1e north line a: :ove-r-meat Lot 4 in said Section 5, also being the south ilne of aove=anent Lot 5 of Section 32, Township 22 Borth, Range 4 East, W.m.; Thence northeasterly and northerly along said Gove^meant meander Lim to its intersectior with the *north line of Section 32, Township 22 Borth, Rage 4 East, v.E., said line also being the south line of Section 29, Township 22 11;orth, Sang* 4 Fist, 4.m.; Thence mutimuing northerly along said Gowraaat rabander Line to is intersection with the EaIIt—;text Centerline of said Section 29; Thence westerly to the westerly line of the Second Class Tidelands of Puget Sound; Thence northerly along said westerly line sf r34 Second CIA" Tidelands of Puget SOW4d to its intersection with the easterly extension of a line 4E0 feet north of and parallal wi= the south line ce Government Lot 2 in said Section 29; Thence esstarly along said westerly extension of said line skim is 400 feet north of and parallel with the south line of Governrent Lot 2 it) Section 29 tr, its intersection with the shoreline of Puget Sand; Thence generalip northerly along said shoreline frattisg Government UMS 2 and 1, Section 29, Tareship 22 North. Range 4 East, N.N_. Govarneeat Lots 1 throogh 4. Section 20, Township 22 North, mange 4 Rost. m.m., and Gswernlsani Lots 4, 3 sad 2. SettIon 17, Township 22 North. Ramie 4 East. U.N., to itm interseetiae with the south line of the north 439 feet of said Government Lot 2, Section 17; Thence easterly along said south line to its intersection with the waterline of marine View Drive; Thence scvetherly along said centerline to the eamterlima of South 235th Street; - 9 - Thence easterly along said centerline to its intersection with the vest line of the rest 200 feet of Tract 50, Des !Wines ?-acre Tracts,_according to the plat thereof recorded in Lo:roe 10, page 67, records of King County, Washington, extended northerly; Thence southerly along said northerly extension and said rest line to the south line thereof; Thence easterly along said south line to the east line thereof; Thence northerly along said east line and said east line extended northerly to its intersection with the centerline of South 230th Street; Thence easterly along said centerline to its :atersection with the centerline of loth Avenue Sour (Bay View Avenue'; Thence souther.y along said centerline to the south line of said 94 Des Moines 2-Acre Tracts; Thence westerly along said south line to its intersection with I the east lice of the north 497.75 feet of the W 1/4 of the so U3 1/4 of the SE 1/4 of Section 17, Township 22 North, Range 4 W East, U.M.; OD Thence southerly along said east line to the south line thereof; nence westerly along said south line to its intersection with the centerlines of Marine view Drive South; Thence southerly and south eas_erly along said centerline to its intersection with the westerly extension of the northerly sargin of South 240th Street; Thence easterly along said westerly extension and said northerly eargin to its intersection with the rest line of the east 4D0 feet of tha SE 1/4 of the SE 1/4 of Section 17; Thence southerly along said west line to the south line thereof; Thence easterly along said south line to its intersection with 7Se northerly ■:tensions of the north -south aeaterliaa of eloct 2. Des Moines waterfront Addition, according to the plat thereof recorded in Volum 4, page 96, Records of Kiag County, Washington; Then" southerly along said aartherly e=taaian and said centerline to its intersection with the eoecth Lien of College Plea, according to the plat thereof recorded in Volvfe 70, page 62, lscords of King County, Washington; Thence easterly along said north line to the east line thereof; 10 Thence southerly along said east line and said line extended southerly to the centerline of South 242nd Street; i the northerly extension of the cast line ofBlack y40�oE said — Plat of Des fidiles Wate CK=oat Addition; Thence southerly along said northerly extension, said east line and said lire extended southerly to its intersection with the centerline of South 244th Street; Thence westerly along said centerline to its intersection with the centerline of llth Avenue South (Packwood Street) as Matted in First Railroad addition to Des laines according to the plat thereof recorded in Volume 4, 2age 9D, Re =rds of King County, Washington; Taencx southerly along said centerline to its intersection with the centerline of South 249th Street as platted in said plat; Thence westerly along said centerline to its intersection with the centerline of loth Avenue South; :hence southerly along said centerline to its intersection with the north line of the SW 1/4 of the SE 1/4 of Section 20, Township 22 Morth, Range 4 Fast. W.M.; Thence easterly along said north line to the east line thereof; Thence southerly along said east line and the east line of r; 1/2 of the YE 1/4 of Section 29, Township 22 SOrth. Range 4 East, W_M_, to its intersection with the centerline of South 264th Street; Thence easterly along said centerline to its intersection with the northwesterly extension of the west line Of Lot 1 of ths' Flat of Woodmnnt Pats, Division go. 1, as recorded in Volume 25 of Plats, pays 48, records of King County, Yashington; Thence seatheasterly along said northwesterly extension to the nortbrest corner of Lot 1; Thence southwesterly and southerly along the west lice of tots 1. 2, 3, 4, S. and 6 of said woodnost Parse, nivisioa Rom '_ and the southerly extension of the west live of said Lot 6 to its intersection with the centerline of South 268th Street; Thoam aastsely along said centerline to its intersection with the moetbarly extension of the north outh centsclice of Rloct 39, W6udwont Beach, according to the plat recorded in Rolwmr 22. page 300 ascorda of Liag County. Washington; Them* southerly along said nrrtherly extenaios said eortk-south ca tarlise, said centerline extended southerly. north -south cemtecWas aE 21oc4 47 of said plat to its lntersectiae with Was mortk Line of Lot 15 of said Black 47; Thence easterly along said north l:ie along said line extended easmarly to the centerline of 16th Avenue South; Thence southerly along said centerline to its intersection with the centerline of South 272nd Street; Thence easterly along said centerline to its intersection with the centerline of Pacific Highway South; Thence sou :hwrsterly along said centerline to its intersection with the :s_ th line of the S 1/2 of the 9W 1/4 of the flit /4 of Section 33, Township 22 Korth. Range 4 East, U.x.; Thence easterly along said north line and the north line of the S 1/2 of the W 1/2 of the V 1/2 of the NE 1/4 of the BW 1/4 of said Section 33 to the east line thereof; Thence southerly along said cast line to the north l.ne of the RE 1/4 of the NU 1/4 of the SE 1/4 of the NW 1/4 of said Section 33; M ri Thence easterly along said north line to the northeast corner L'9 thereof; O Thence S 26128120' E. 292.22' to the most westerly corner of Lot 10, Unrecorded Plat of ,Zedondo Rcio is (most northwesterly corner of Sczthornugh Division So. 2 according to plat recorded in Volnee 132, pages 47 and 4B, Records of King County, Washington); Thence North $2'16.20• East along the northwest line of said Lot lU [northwesterly line of Scarborough Division Fo. 21 and its ncfthamterly extension 1.13E_90 feet to its intersection with the centerline of South Star Lakt 86ad, also known .s King County Road no. 19N7 T11ene+e north sourly along the Centerline of South Star Lake Road to its tatersection with a line extended southwastarly at right angles to the northeastern margin of South Star Late load from the ost westerly comer of Lot 2 in said Unrecorded Plat; i 2heacm Borth 53029155' Last, as aeas,xred at right angles to the aocthaasterly sargis of Star tAka Road. a distance of 30.00 feet to said northwestarly Bergin and said acst +westerly gCnar of Lot 2s thaam Borth 40'57'14' East, a distance of 743.27 feet along the northwest lice a! said Lot 2s t j 0 V4 Thence North 87136130' best, a distance of 286.48 feet; Treace North 48157.14' East, a disranze of 442.29 feet to the south margin of South 272nd Street; Thence South 97.35.30' East along said south eargin a distance of 327.80 feet to the rest margin of Interstate Highway so. 5; Thence northerly along said rest margin 50 feet more oc less to its intersection with the north line of said Section 33 vbich is a1V the south line of section 28, Township 22 !Garth, Range 4 East. U.N.; Thence e7'36•30' East Alan;, said south line a distance of 375 feet more or less :a t.5e northerly extension of the eastern margin of Interstate aigbway No. 5: Thence southerly al nq the northerly extension of said eastern I j margin a distaate of 50 feet more or less to the southerly line f of said eagterr margin; ` Thence easterly, northerly, westerly and ^ortherly along the east margin of said FrimaXy Stag 8ighway do. 1 also mown as Interstate Highway d0. 5, to the north li%s o: the South V2 of the Southeast V4 of said Section 28; Thence eaSterlr along said north line tO the east line of said Sectioc 28 which is a?cn the rest line Of Section 27. Township - 22 scrth, Range 4 Fast, Thence continuing easterly along the north line of the South 1/2 Of the Southwest-1/4 of said Section 27 to the nortb-south centoorline of said Sectios 27; Thence southerly aloeq said Borth --South centerline to the south line of said Section 27 and the 1/4 corner cowran to said SeCtica 27 and Section 34. Township 22 Morth. Range 4 gast, M_i!_, I i Tbence easterly along the north line of said Section 34 to its intersection with the north margin of south 272nd street; Thence easterly aloeq said north margin to the east Lies of the north eat l/4 of the ■ortbsast 1/4 of said SocMian 34; Thrace scutbacly alcag said east firm to the south ling of said %Gxthwmt 1/4 Of the !ar b at V4. Tsesce wemteclr aioeg said south line to the forth -south cembbrl.Le of sold Sectioe 347 .rid Uarth3South to the north line of the Southwest 1/4 0. the Northwest 1/4 of the Southeast 1 1/4 of said Section 34; 3 Thence easterly along said north line to the west line of the East 1/2 of the Northwest 1/4 of the Southeast 1/3 of said Section 34; Thence northerly along said west line to the Ease. -west centerline of said Section 34; Thence easterly along said East -:lest centerline to east line of said Section 34 which is also the west line of Section 35, Township 22 North, Ri-4. 4 East, W.a.; Thence southerly along the west line of said Section 35 to the south line of the North 1/2 of the North 1/2 of tYe Nest 1/2 of the Southwest 1/4 of the Southwest 1/4 of said Section 35; A Thence easterly along said south line to the west line of the Northeast 1/4 of the Southwest 1/4 of the Southwest 1/4 of said 0 Section 35; N Thence southerly along said west line to the north line of the yr4y South 1/2 of the Sout-hamst 1/4 of the Southwest 1/4 of said Q Section 35; j C? CTL3 Thence easterly along said north line to the east line of the west 150 feet of the Southeast 1/4 of the Southwest 1/4 of said Section 35; Thence southerly along said east line to the north line of the south 300 feet of the Southwest 1/4 of the Southo"t 1/4 of said Section 35,- Thence easterly and parallel with the south line of said section 35 to the east line of Southwest 1/4 of the Southwest 1/4 of said Section 35; Thence continuing easterly oo a line extended a distance of 170 feet to a Qoint lying 300 feet north of the south line of safd Section 35; i Thence southerly and parallel with the west line of said Section 35 to the north line of Section 2, Township 21 forth, Rasp 4 Zest, W.x.; Thence contineing southerly parallel with canteeliae of 56th •wow South a distance of 300 feet; Theme easterly and parallel with north line of said Sectine 2, i a dlstanp of 90 feet; = 1 I - 14 - Thence southerly and parallel with centerline of 56th Avenue aoutn, a distance of 15U.9e reet; Thence easterly and parallel with north lane of said Section 2 to the west line of the Northeast 1/4 of said Section 2; Thence northerly along said west line to a point lying 351.12 feet south of north line of said Section 2; Thes:ce east along a line 351.12 feet south of and parallel to the north line of said Section 2 to a point 1,108.6 feet west of the east line of said Section 2; Thence south along a line 1,108.8 feet west of and parallel to the east line of said Section 2 to the intersection of a line 1,236 feet north of and parallel to the south lire of the Northeast 1/4 of said Section 2; Thence easterly parallel to the south line of said Northeast 114 to a point 778 feet west of the east line of Northeast 1/4 of said Section 2; Q Thence southerly parallel to the east line of said Northeast 1/4 Nto the intersection with the northern margin of Meredith Road (65th Avenue South); Thence easterly along the north margin of Meredith Road (65th 1A Avenue South) and the easterly extension of said north margin to the east line of the Northeast 1/4 of said Section 2; m Thence southerly along said east line to a point lying 1.036.20 feet north of the southeast corner of the Northeast 1/4 of said Section 2; Thence westerly parallel to the south line of said Northeast 1/4 a distance of 1,141.80 feet; Thence southerly along a line parallel to the east lice of said Northeast 1/4 to its intersection with the north lino of the south 835.56 feet of the Southeast 1/4 of the Northeast 1/4 of said Section 2; Thence easterly along said north line to its intersection with the east line of said Section 2,- Thence southerly along said east line to the northeast corner of the Southeast 1/4 of said Section 2; Thence continuing southerly along thr east line of said Southwest 2/4 to its intersection with the north line of the South 1/2 of the Southeast 1/4 of the Northeast 1/4 of the Southeast 1/4 of said Section 2; -1s- Thence westeclr alono said north line to its intersection with the east line of the vest 130 feet of the said south 112 of the Sou Mt 1/4 of the Northeast 1/4 of the Southeast 1/4; Thence southerly along said east line to its intersection with the north line of the Southeast 1/4 of the Southeast 1/4 of said Section 2; Thence westerly along said north line to its intersection with the east line of the Northwest 1/4 of the Southeast 1/4 of the Southeast 1/4 of said section 2; Thence southerly along said east line to its intersection with the south line of the said Northwest 1/4 of the Southeast 1/4 of the Southeast 1/4; Thence westerly Along said south line to its intersection with the east line of the west 1/2 of the Southeast 1/4 of said Section 2; Thence southerly along said east line to its intersection with the south line of said Section 2, which is also the north line of Section 11, Township 21 North, hange 4 East, A.N.; v4 Thence continuing southerly along the east line of the Northwest N 1/4 of the Northeast 1/4 of said section. 11 to the south line LO thereof; Thence westerly along the south line of the Northwest 1/4 of the Northeast 1/4 of said Section 11 to the North -South centerline of said Section 11; Thence eonti;wing westerly along the north line of the Southeast 1/4 of the Northwest 1/4 of said Section 11 to the west line thereof; Thence southerly along the west line of said Southeast 1/4 of the Northwest 1/4 to the east -west centerline of said Section 11; thence easterly along said East -hest centerline to the east line of the northwest 1/4 of the Southeast 1/4 of said Section 11. Thence southerly along the east line of said Northwest 1/4 of the Southeast 1/4 to the south line thereof. Thrace eegtiming southerly along the east line of the Southeast 1/4 of Southeast 1/4 of said section 11 to the south line of said Section 11, also being thou north line of Section 14, Township 21 j North, Range 4 East, M.N.; �7 t 16 :henCC conga..-.n S=therly along the east line of Northwest 1/4 of yortheast 1/4 of said Section 14 to the southeast corner thereof; i Thence masterly along the north line of the Southwest 1/4 of the Northeast 1/4 of said Section 14, a distance of 39.1 feet to the northwest corner of Lot 1, Plat of Hi -Crest as recorded in Volume 59 of Plats, page 32, records of Ling County, Vashington; Thence southwesterly along the westerly line of said Plat and Plat of li{rest No. 2 as recorded in Volume 64 of Plats, page 58, records of Stag County, Washington, to the southwest corner of Lot 9 of said Pi -Crest No. 2; Thence easterly along the southerly line of said Lot 9 and the easterly projection thereof 219.0 feet; Thence South 12.55115" hest to the centerline of Mt. View Drive; Thence southerly and westerly along the centerline of Mt. Vier Drive to the west line of Southeast 1/4 of Section 14, Township 21 North, Hang* 4 East, Y.M., also being the east line of the Southwest 1/4 said Section 14; Thence southerly along said west line 264.69 feet; Thence westerly along the easterly extension of the south line of Tract 73 and the southerly lines of Tracts 73 and 74 of West Auburn Five A=re Tracts as recorded in Volume 15 of Plats, page 12, records of Ling County, Washington, to the east line of the Veest 1/2 of the Southeast 1/4 of the Southwest 1/4 of said Section 14; Thence southerly along the east line of said Vest 1/2 of the Southeast 1/4 of the Southwest 1/4 to the south line of sr+d Sectiam 14, also being the north line of section 23, Tovmemlp 21 North, Range 4 East, W.N.; Thence westerly along the north line of said Section 23 to its intersection with the centerlim of Grand Vier Boulevard, also known as Sfth avenue south, to the POINT OF SWIMMING. � .--_ _, _ G 1 I 134b-25 bavo erltten. 2279341 Jahn Collins, of ua r tw State .o 'ion-::r.t, used at Tits. Investment rian-na-iY .,, T:o Grantors Joim Oollins and Lydia C. Collins, bis rife, for and in oasile ratio:: oi'7:c and n:ditor nc/103 Dollars in band l+r-id, convey and a. rrmnt to Titan Invast:ont Company, a .ashington corporation the grantee tho follarint doscriboe. real osUto: Lots seventeen (17) and oirhtaor, (10), in Block elavan (11). Iake Union :l000nd Addition to the • city of Seattle, %inC Cnmty, 7esl:inCtdn, vabja ct to a mort;pgo of W1660.00 ram of ronord agairst said ., premises. 4)po to r, r—].l .tat. contract entered into April 6, 1922, 1--tr:•_9n Lydia C. Collin* and John Collins, ❑s condors, end lallinm :haoiro and Soohio Siapiro, as w do,-,, altp:,ted ii: ix c.uaty T.;' a,:2 ro"1JC .,, F,in,,, Sv.ta oi"•. cs ningLon. rDated ssoribed real .. Poconber 10`J:, 1. D. 1•!2fi. ' ::lcma in pr000r:oc of_ John Collins of Saattlo; IVd1n C. Collins .records of State of ::neldr.�tea,) so. County of 61:rg ) This is to cortiiy, that on this llth day of Dccenbor A. D. 1926, before = the undoraipwd a (seal) rotary =ublie in and for the St_t^ of '•:rsMnCton, duly cr_x Sccioned and sworn persormlly coma John (Seal) Collins and Lydia C. Collins, his wife to ne laoen to be the individ,s1 described in and who ezeouted the rrlthin instrunart, and acknwledHed to me :J:at they cigoed and scaled the same as their free and voluntary Let and dead for the uses and purposes therein mentioned. Htblic in and .7itneee my hand and official seal tiro day and year in this cartirioate first above written. lk and (Collie (I.J.H.Potarial Seal) Iaa J. Holland aregoing instra- (Con E. Jen 2, 1227) Notary public in ar3 for the State of tree and Tel- Hashingtos., residing at Seattle. riled for record at rogrost of L. E. Cellendar, Dec 11 1926. at 25 min past 10 A. M. Grate above BDS D, E. Ferguson, County Auditor the State of leattle. d. :dit cr State of Y .lt'C16im to ist in the y Ll y of Seattle. z 11tl .er 1926 par- and wi:o emo- free and vol- ho State of 0 ;Gatti., :ditor MI 25 t above wrsttan. for the. stets . .:a As at _' •F. .. Il. .7 Auditor 1 of Tan and oa/100ILrc desoribed real K -t7 of Seattle; 3 21. rocords of (Seal) (Soma) : J j Joh.h Collins, of ❑s To warranty Dead Titan Investment Company The Grantors John Collins cad Lydia C. Calling, his wife, for and in coneideration often and no/100 Dollars in hand paid, convey and warrant to Titan Investment Company, a S.'ashington corporation the grantee the follaring described real estate: lets seventeen (17) and eighteen (18), in Dloak eleven (11), late Dnian Secand Addition to the City of Seattle, King County, Washington, subject to a mortgage of $2660.00 now of record against said promisee. Alec subject to a r6Rl-astate contract entered into April 6, 1922, bebmon Lydia C. Collins and John Collin, as vatalohv, and William Shapiro and Sophie Shapiro, as cc:400s, situated in the county of King, State of •.7astjngton. Dated December loth, A. D. 1926. Signed in presence of__. John Collins lydin C. Collins State of :iceliir�ton,) gs. Country a^ Xing ) This is to certify, that an this llth day of Dsoember A. D. 1926, before me the undersi nod a Votary kiblic in and for the State of 17aebinyton, duly ommisaio.ed Red prom psraanal.ly, ear John Collins and Lydia C. Collins, bid wife to me imam to be the iadividn 1a desoriAnd in am who executed the within instrument, and acknowledged to me that they signed and soaW. the asps ace their free and voluntary Rat and dead far tbs uses and purposes therein mentioned, Witness cp hand aid official W. the day and year in this cortifieata first *bore written. (I.Jdk,Notarial Seal) Ida J..Holland (Cam 2z Jan 2, 1927) Hataly Pablie in and for the state of Washingtonn. residing at Seattle. Filed for record at reghest of 11. E. Callender, Doc 11 1926, at 23 sin past 10 A, li. DD8 D. S. Fsrgaeon, 0wianty Auditor yr. S. Horning To Easement The Aeifie Telephone and Telegraph 0aRmW 6673 Seattle; Washington, Ueaembe'r 16, 1Wx. For and in consideration of the sum of Can (41.00) Dollar, rsosipt whoraof is hereby aotxalydy.d, a right-ar-way is hersby panted is the lesiffo Telapbone and T jograph Cespany, itg-madesuorg and assipu, with the right to *rest the maintain pole., with the mecesmary wire. and fixtares theraan, cad to keep nun froo from foliag* aeaoss eat certain property belanglntaw. e. Woeains and lira. !earls - Haratmg. Ida witni'W W. Be-EOeaimg, yer attorney -in -fact, and situated fa tbs Caaaty at Alas, state *f Washington, and doom ibeA as follows: The Nertkeest Quarter (11W) of the Southwest 4wxtet (}) of Section Four (4), reaaship Tewnty-whr (21) Nar•th, Mange Four (t) Baste W. H., as described more partloalarly in •fibs sketch hsrgto attaeh.d. The Telephone Camlmayna Anburn Lad as nos loatMd upon said pres Suss f.s to be relocated as the south line of eaid promises am in amid sketch not forth within siz (a) saathg f env the date hornet. This easement being given in g¢bstitutien for, and ance11Rt3on of, that certain gmmoat baisaoa the partlot. hereto, recorded in Volume 1266 of Doods, Pap PE of the -Reaw da, in tbs office of the County Auditor sf Hung Coanty. Washington. The right in also hereby granted the Telephone Company to place and maintain gates and fences at ; the point or paints waere the right-cf-way intersects mid fence.. It is understood that the ►splays of said i.lsphooe Cmgnny shall. at any tine wbwn waosesarg, have names to said right-of-way red the pole abd wires t]hnreon, tar yurpoass of repairs. Via.. presided always that said lelspbans Company shall be responsible for any damp which my be uamoessarily dear to the property above described. s 77. S. Horning Witness: B. 0. Jackson Mrs. 1#arls Horning norm a aced lorbart By W. S. 11OWIAM her attarosy Lows feet. L6rta, Aaft Oenaral Attornay sate of Waahlwgtaa) County of King ) ' • fotaThis is to certify, that an this ieth day of Wwmnber, A• D. lypga before on. the umU'.igaad. ry rlhbllo in and far the State of ":aw"Wtm, duly co ILMAIM d And aware. poraaholly am H- S. Horning, to ee Imam to be the indiwbdwsl described in and who oz*autsd the within instrament for himelf and also as the Rttornoy in fact of kr':s. 'earls uaraiag, his wit.. and acts or:o,:w.; to s 25 26 that he siped and salad the sew an hie free and voluntary act and died for bismelf and also as the free and voluntary act and dead as attorney in fact of maid Mrs. Pearl Horning for the uses and g:raoss■ ing or therein manticned. issues i �fitnese ry haul aad official Beal the day and year in this certificate first above written.' (E.C.J.Notarial Seal) L. C. Jackson vaid pa (Cam Ex �iug 26 1928) Notary *blic in and for the State of d Washington, residing at Seattle. and yea Filed for record at recuost of Phu :ire. Tel. k Tel. Co. Dee 11 1926, at 3 min past 11 E, a. Signed, BD6 D. S. Forgason, County Auditor _- Slats c 227960ii .ugast Ringer - County To Aeci_ =m of Beal £atato Ocutr* t Dr. Marla S. i:nrmon, at al Rotary Alsip cunt of Contract Frolde For one dollar and oths_ valuable oonsiderettions a rewipb which is hereby ncknwladged, L # nowledi hereby transfer all my right, interest and title to one arta,in coatM ahioh is hereby attached to �T uses car. the following described property, to Dr. L`erls S. Hnrnon and rlioa L. Hermes. Lot six (6), Block six (6) and that portion of lot Vivo 5, Block (C) Woodlawn addition to Green (O.F.C. Was, according to the plat thereof recorded in Yoluam (6) of plats, at page (20), records of said County, j (Can 2.a lying :last of a line Northerly and Southerly between a point an tho Northerly line of said lot (5). . (16) fast Ea-t of the Berth Beet corner of mid lot (5) and a point on the Southerly line of said lot (10.76) not East of the SautLweat corner of said lot. BDS Subject to the fallowing tudebtedmees, a first M404pga of 43WO and interest in faTor of the 9ee1rities Mortgage Co. also a ca.traom of $3000 which there haw been paid 0120, wbiab 479.97 applies 275705 Blanobe ea principal and $40.03 interest, leaving a balance on said oamtract of @2120.03, which Dr. and Mrs. hharmonn assayt and agree_ to pay. Joan W. Signed August Binger State of WAMAngton, County of Ring in bani On thin Mad day of Nov. 1926, before se the undersigned, a Notary Public in and for the -State linaolt • at Washington daly oomaiesioned and nwrn, personally ppparod Aupst Ringer, to se known to be the tbereo: isdiTidual daoribed in and who executed the within instnmant and aetowladgod that he signed and is deep me" the sue as his Sea flee and voluntary act and dead far the uses and purposes herein asn:tiossd.- 1 Given under my hand and ofriclal sal this 22ad day of November. 1926, (46.90 (0 R.L. Material Seal) C. W. Law Ons Buu (Oa Ex July 20 1930) Watery Public in and far the Stab d I ' Washington, residing at 9attle. t (48.90; Filed for record at request of Marls 6, Harness M. D. Dee 11 2926, at 33 sin pet 12 P. M. ` i B06 D. E. Rrgama, County Auditor Signed j State . 2gT9094 i Lehr ylaida County i To Quit Chia Dead A UNK E. hRendS a Mote: i ibis hmdanturs, ands this loth day of Se r in the 7 ]7taeee year or our Loud, ohs thousand nine 'hixwee hundred and taanty-six be4Mn LaeLs Fronde the party of the first part, find Willdaa E. lY'cuda yaw im.truu part' of the second part: and dui ' Wltseaesth. Tbat the acid party of the first part, for sad is oanside7ation or The eau of am - and aq400 Dollars 3awSnl gamey at the United States of America, to her in hand paid by the rid ga,rty� {A.r..a. ! of ties sea" pari, the reseipt '.hangar is bartiby adoaawl"Od. dwa by these presamxta resign, release' F~ (Cam Ea. see termer pit-mlaim unto the acid party at the rased part, and to Id lwira and Assigns. its fella.- ' j fang desarlb.d treat, lob or parwl of lands siUatad, 1My.w.... and beg in the CgtIIa.. of •�'O W may, State of �. Wawhingtaa, particularly banded and described as foUam, to -Wit: Bii> Late 11 and 12, Block 1. and lots 12 and 13, Block 2, Dwrr's First Addition to Seattlov Wash-, 227F722 dmgtanl and the ■outh 15 fast of Lot 6 and the north 30 feet of Lot 7. Bloat 48. plat ar sn addition ' B. P. : U the 01IV of Seattle as laid off by A. A_. Danny. according to plat recorded 1. Tolmee 1 or Flab,' peg 99. rOOW" of King County. Washington. esasptia6 that purUon twmef apgruprirtd by the city a Willies at Seattle ter street yorpoas. Said addition is alwo kuewoend dasipated as 'Tint of the .bird A4ditiO4 to 7A5 portionof tIIe City of Seattle,aeah,irgton Territory, bereWwo laid c^f br A. A. and Ste DOMW and Willian F. bell. acsording to plat reocrde-� lr. values 1 of Blau. paaw 137, raeerda of acid CaLRari paid, c interns Tesetber with and all singular the te.arnta, hereditament. nod appartaimman thereantc talons' Lot Sire 26 that bg migash and sealed the sea ae his free and voluntary act anddeed for bisaelf end also as the free and voluntary sot and deed es attorney is hot of said Ure. &heel Hortaing for the uses and pearpases Ing or tlseroin ae r.uawc. issues s witmmm my land and official a*al the day and year in this certificate first above written. (E.C.J.Notarial Soal) S. C. Jackson said pa: (Cam RX Aug 26 1928 ] Notary Public is and far the State of Wa.hingtaa, r.e Lding at Seattle. and yea Filed for record at request of The Fee. Tol. d: Tel. Co. Dee 11 1928. at S sin oast 121. U. Signed, BDS D. B. Fergu.on, County Auditor State a 2279505 i upst Ringer Canty To lssigpeant of Raul Eatate Ocatrrot Notary Ds.:urL S. i:aaaia, at al Aasipm*nt of Contract Fraud. For ands dollar and othe valuable caneideratic" a ryasipt which is hereby sebnaaledgwd, I nowled L hereby transfer all sG right, interest and title to me certain contract which is hereby attached to uses ar the tallating described property, to Dr. Merle S, ll.rnan and Alice U. Narsaa. Lot mix (6). Block mix (0). and that portion or lot rive 5s Block (6) Woodlawn additian to arose. - (0.B.0. Lakes &*carding to the prat thereof recorded in Toluene (6) of plate, at page (20), -cards of said Canty, (Coen Fa lying Nest of a line Northerly and Seutbarly bstft*n a point on the Northerly line of said lot (5), (19) foot East of the North West corner of said lot (S) and a Point an the Sattbarly line or said lot (10.76)-Post Bast of the scatlaeat earner of said lot. BDS Subj*ab to the fallorcag indebba.dsoss, a first mortgage of 43800 Lad interest is fever of the Maar'itdom Bartep Co. also a *entnom of 18000 which there has been Paid 1120, whiab VGA? LPPliee Y9705 Blanahs - j as. privadBal and 440.0 istmawat, Imaging a balance on said contract of $2im0.03, w'hiei Dr. and Mrs. ' "mum asmras_ and aRwal to pay. Joan 3. - Signed Auppgt Riapr l SfFea se nLahln;teas, assaty of nag in hand k 00 Iris 22ad day of Ner. 1A26, befers ss the uaaabergigged, a Votary Pablie In and far the State Lincolt it Wl.sbcngtoa duly stsLgi.aasad sad sewQa, FormseL"y ayprrcd August;Ringer, to as hewn to be the &beano: - ls.ilviabrl doverlbed in aab who eaautod the within iastrwrnt sad hoW..ri.dged that be +sped and I. does � Ir • i. >/e see u bus Ow res and voluntary get sad do" far the ns*s and parpowa lrrwin wentianed.; . .. - fives wilder ap bend and offs ciai goal this nlafl day of Wcemabmr. 106. (48.90, ;4.W.L. Noprimi Oval) C. V. Lane : j' Ono De (fps itz Am2r 20 1910) Notary debli's in and for the State C j (43.50, - - whahlagNa, reaching at soattlm. j (46.90. Mad Par regard at request of Marls S. Naas, V. D. Dee 11 IKG,.at tt mia-put 12 P. U. D. X. 7argasea, Co=4 Auditor Signed lo [ Stab . County . Crider From" To DLit OULU Dood i o aM_at wilitse X. From" { Fairest Mda Imamseltmae, as" tale 1pr dq of Wsptaiaer is the peer or tsar Lad. as thweand nine !setae � Ndgb, d add tw*y-si; towomva leave XYMAP the, pari7 at ILa first part, Tad'WilUdi s. hwado the a� des parr of w mseena part. W1:fraaaotl. Mmat *Am Kid party aS then f7rnt fart. far sad to aeasi" ntion or tlr man of awn �....: and nOW D41ara Lwfta seer of the United Staler at Awft4a. to her in i*m# Paid W fba ant -pLrt'; �•: `: B: at r iepbM part, eo revaiyt +weat Ls besoiy a•tdwlMpl, doe b7 those ieeeacLta roads.. rolemsm' (cee si o�1F' menu! -N aft W*'Or-slLlm oust* the said party eL the mgeawd part, end to his heirs and assigns. tbo fblIor- II Lei AMMM bad 'tract. 144 Or plead ed land, "1111400, 414 sad baatag in the Carwty of Xing, state 'd DDB :yR?aiMm, partiselsrly Um"A sad davaibod as 1a111ma. t.-sits �r bade u and its aloes 1, and Late 12 sad 15s. Bleat t. DLMWT■ Pirmt Additisa to SaLetle, 11aah-, 2279Tca B. F. E "• $Raw% mid Irw mth LB f"4 at Let S sad tbo north tat Slot of Let 7, Bow# 44. plat at as odium <� I be 0& CL71' at A mesh Y LLd oft W A. A.. lti nay. so" riitig to plat roa•rldmd it: Taalmam 1 or Plata, William k- - -._r Zap ff. no[saa or timL Ocesty, 7aafiwgr'anr Pt1gg &ref D4'tLe there at oppmrpr S" br Via adtr r I ct S*Lt%U tee street frrpeam. Sail eddirtoe is Olen* lmmdvm a" deel a ud as e14at de tag r.,Fd and at, AYttisa to Mat pa-"= of Us. Cif) of Nattla. vaMMblitea %WT Ma•7a bw.boorw M" aft A. A. paid, [ t Amoy sal ■ MxK W. ■ell. assrdins to plat assorted i.a 7431aea 1 of ploy" U= 30sae'dm at mid ■ 1•p ■ Into. . Oeenet�. To~ with and all ainpealas *0 tammmns". iere8itmm tm end a lfiarMemmmr+ fbee'amSa bglsni' Last 74[ k ti 20071217001008.001 AFTER RECORDING MAIL TO: NikLexi, LLC LLC 08 c/o Curtis Nelson OLD REPUBLIC T L!D 46.00 627 E Francis Ave 12GE001 211713@07 07 1212:23 Spokane, WA 99207 KING COUNTY, UA Filed for Record at Request of: E2324990 12/17/2007 12:20 KING COUNTY, LiA TAX J27:595,00 SALE $1, 50000.00 PAGE001 OF 001 STATUTORY WARRANTY DEED THE GRANTORIS) Richard P. Larson and Kay A. Larson, husband and wife, for and in consideration of Ten Dollars and other good and valuable considerations, $10.00 in hand paid, conveys, and warrants to NikLexi, LLC, a Washington limited liability company, the following described real estate, situated in the County of King, State of Washington: 043 See Exhibit A pages _�for legal description, attached hereto and by this reference incorporated herein. QRT•CS )2 to yb Abbreviated Legal Description: Portion of the Southwest quarter of Section 4, Township 21 North, Range 4 East, W.M. and as fully set forth under Exhibit 'A', at page -I-. SUBJECT TO: Easements, Reservations, Covenants, Conditions, Restrictions and Agreements of record. Subject to Exhibit B page attached hereto and by this reference incorporated herein. Assessor's Property Tax Parcel/Account Number: 042104-9033-09 and 042104-9157-09 LPB-10-05 20071217001008.002 ORDER NO.: 5226002210-C EXHIBIT A The land referred to is situated in the County of King, City of Federal Way; State of Washington, and is described as follows: PARCEL A: That portion of the Southwest quarter of Section 4, Township 21 North, Range 4 East, W.M., in King County, Washington, described as follows: Beginning at a point 30 feet East of the Southwest comer of the Northwest quarter of the Northwest quarter of the Southwest quarter of said Section 4; running THENCE North 89045'51" East 234.86 feet to the West Marginal Line of Pacific Highway; THENCE following the said Westerly marginal line North 1041'56" West 235.00 feet, more or less, to the Southerly marginal line of National Park Highway; THENCE following said Marginal Line on a curve, 240.00 feet, more or less, to a point 30.00 feet East of the West section line of said Section 4; THENCE South 003637" East, parallel to said Section Line 250.00 feet, more or less, to the Point of Beginning; EXCEPT any portion thereof conveyed to King County for Road by Deed recorded under Recording No. 2501551. AND EXCEPT that portion taken by the City of Federal Way under King County Superior Court Cause No. 06-2-01388-KNT. PARCEL B: The North 100 feet, as measured on the West line of the following described tract: Beginning at a point 30 feet East and 329.91 feet North of the Southwest comer of the Northwest quarter of the Southeast quarter of Section 4, Township 21 North, Range 4 East, W.M., in King County, Washington; THENCE East 241.13 feet, more or less, to the West line of Pacific Highway; THENCE North along the West line of said Highway 329.57 feet; THENCE West 234.86 feet to a point 30 feet East of the West line of the Northwest quarter of the Southwest quarter of said Section 4; THENCE South 329.91 feet to the Point of Beginning; The above Parcels A and B being described wholly and -more particularly as follows: Beginning at a point which lies South 58031'14" East 39.00 feet and South 01003'44" West 100.00 feet from the Southwest corner of the Northwest quarter of the Northwest quarter of the Southwest quarter of Section 4, Township 21 North, Range 4 East, W.M., in King County, Washington; THENCE North 01003'44" East along the East margin of 16th Avenue South 361.30 feet to the Southerly margin of Dash Point Road and the beginning of a non -tangent curve to the left, 20071217001008.003 along said Margin having a center point which bears North 39036'59" East a distance of 189.15 feet; THENCE Easterly along said Curve through a central angle of 61018'05" arc distance of 202.37 feet to the Westerly margin of Auburn -Redondo Road (King County Road No. 1359); THENCE South 2802523" East along said Margin 82.17 feet to the West margin of Pacific Highway South; THENCE South 00002'02" West 265.01 feet to a point which bears South 88031'14" East from the Point of Beginning; THENCE North 88031'14" West 236.23 feet to the Point of Beginning. EXCEPT that portion taken by the City of Federal Way under King County Superior Court Cause No. 06-2-01388-KNT. BOTH SITUATE in the County of King, State of Washington ABBREVIATED LEGAL Portion of the Southwest quarter of Section 4, Township 21 North, Range 4 East, W.M. Tax Account Nos. 042104-9033-09 and 042104-9157-09 20071217001008.004 EXHIBIT B "- --ts and provisions as contained in an instrument, Entitled Notice of Additional Water or Sewer Facility Tap or Connection Charge Recorded May 12, 1989 in Official Records under Recording Number 8905120210 This Notice supersedes in its entirety the "Notice of Tap or Connection Charges pursuant to RCW 65.08.170" filed with King County, Washington under Recording No. 8106010916. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following Granted To The Pacific Telephone and Telegraph Company For The right to erect and maintain poles, with the necessary wires and fixtures Recorded December 11, 1926 in Book 1343 of Official Records, Page 25 under Recording Number 2279404 Affects The description contained therein is not sufficient to determine its exact location within the property herein described This easement being given in substitution for, and cancellation of, that certain easement between the part hereto, recorded in Volume 1236 of Deeds, page 23 of the records, in the office of the County Auditor of King County, Washington. Agreement for Release of Damage Agreement Executed By Ruth Ann Murphy and Between Lakehaven Sewer District On the terms, covenants and conditions contained therein, Recorded November 21, 1979 in Official Records under Recording Number 7911210771 Releasing Lakehaven Sewer District from all future claims for damages resulting from permission to construct a side sewer to connect these premises LP13-10-05 20071-2t"01-GOM5 An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following Granted To . City of Federal Way, a municipal corporation For . Inspecting, constructing, excavating, installing, maintaining, restoring and repairing surface and storm water drainage facilities Recorded . August 31, 1993 in Official Records under Recording Number 9308312475 Affects . Said Premises The description contained therein is not sufficient to determine its exact location within the property herein described. Terms and provisions as contained in an instrument, Entitled Matters disclosed by recital in Special Warranty Deed Recorded January 3, 2003 in Official Records under Recording Number 20030103001940 Which, among other things, provides: Set forth by Survey prepared by Bush Roed and Hitchings, Inc., dated July 27, 2001 under Job No. 2000326.00, as follows: A) Storm Drainage from Pacific Highway crosses Northeasterly portions of property as shown. B) Storm Drainage from Dash Point Road crosses Northerly portions of property as shown. C) Overhead power crosses Northerly portion of property, as shown. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following: Condemned to: City of Federal Way For: Slopes Filed in King County Superior Court Cause No. 06-2-01388-KNT on April 6, 2006. 20071217001OD"06 Terms and provisions as contained in an instrument, Entitled . Consent Judgement and Decress of Appropriation (Larson - Parcels 55�56} Executed By . Richard J. Larson and Kay A. Larson and the City of Federal Way Dated : June 18, 2006 Recorded . June 26, 2007 in Official Records under Recording Number 20070626001067 Agreement for Right of Entry Executed By and Between Richard P. Larson and Kay A. Larson, husband and wife City of Federal Way, a Washington municipal corporation On the terms, covenants and conditions contained therein, Dated April 5, 2007 Recorded October 4, 2007 in Official Records under Recording Number 20071004001261 Agreement for Right of Entry Executed By Richard P. Larson and Kay A. Larson, husband and wife and Between City of Federal Way, a Washington municipal corporation On the terms, covenants and conditions contained therein, Dated April 5, 2007 Recorded October 4, 2007 in Official Records under Recording Number 20071004001262 Dated: _ 4I e Z By Richard P Larson By Kay A Varson (Entity) STATE OF ) )-ss COUNTY OF 1 20071217001008.007 certify that i know or have satisfactory evidence that , (is/are) the person(s) who appeared before me, and said person(s) acknowledged that (he/she/they) signed this instrument, on oath stated that (he/she/they) (is/are) authorized to execute the instrument and acknowledged it as the of to be the free and voluntary act of such party(ies) for the uses and purposes mentioned in this instrument. Dated: Notary Public in and for the state of My appointment expires: (Individual) STATE OF ) )-ss COUNTY OF '? ) I certify that I know or have satisfactory evidence that Richard P Larson and Kay A. Larson, is the persons who appeared before me, and said persons acknowledged that they signed this instrument and acknowledged it to be their free and voluntary act for the uses and purposes mentioned in this instrument. Dated: LPe-10-0s Name;.••i r . Notary Public in and for the state of My appointment expires: r� asaesamente o1b11 sad seal the day M. a 'Votary Lydia Hamilton, rest. and acknowi- far the uses •ritten - ate .ttle. tz- C>0 'V 'Erst part. of L. 7, B- Dollar (41.001 :reof is hereby isid partyoI the aaogh. scrams and tam side sewer use is said olds saver. . follows. , )-salt: Lain Addition. ib tiaas an may ;wring or linos sball be a: bin baba and the day and darsi geed. a csmm E. 8. a to ae that be pages therein State .ttla. 18b7676 ...s. i'rntt. •; •ac TO Eight of ytyDead State of Wamblpgtou Eight of 'isy Dacd ' In,tbe flatter of State Road shown at the Bo. 2 " ftuow Allman By Theas Presents, That A. T. Pratt and Dora f- Pratt . hie wife, of the County of ;King. 112 the Kate 0.1 19ashiugtob, in conaideration of the benefito and other vaheabla eonei4eaticne. and the sum of Eleven Thousand Dollar, paid in band the receipt whereof Is hereby acionowledged, have granted, bargained, @old c:d consayed. and by these presents do great. aarGa in, sell and Canvey onto the State oc ranhington the fallowing demeribed perael of land sitteatod is ring County. In ties state of% :7eehlagton. to�wl cc A strip of lend In the H4 of 59. NB of BT. S3 of av and 8f set BB, Sae. 72. Top- 24 H.S. 8 B-V.N., HT of NB, NB of f; and SB of H$. Sea. 5 , W. of HT, HT of By, HE of bw, Sec. 41 Twp- 23 H.E. B g.V.N-,i 60 feet to width from surrey station 1452+95 to Murray station 1460f0D being 30 feet wide an either olds: 0f the Ca r tarllsa of Stato liana go- 2 (Summat 9%gtevasI so age locaso4 And of record in the of flee bt f*a slate Highway $uepnsl'r ac olya:ld ; 80 fort in Ttdth troy wwrrmy acrtion 1460'!00 cc surrey statlez - 248100 belag 50 teat wl de en the "at W. do and 30 foot rids on the met 0144 of the said aauto ril he: dC feet la ridtb tram: surrey statibb 1481+00 to mr7sy at atlen 15AAi�90 . boiag S0 feet wide on dit2i�r a Ede of the said ceatarllne and aootalnina 12.73 serge core or lass- Said gantsrl1a6 bats- �ri perelawlAr y doawribod so fellows% Do,eoeastas at eta ooa quarter aainor oa Liao "at side at the said den- aE and runplud H• 67' SS' T,.i 777.2 feet along the east and week oho Chart Or 11104 of tbo Paid UP- 31 Co eu laterseatlon with the aanteii- 11da 0f the am ld State Road tin. 2 1 Bursas AEgbry), theaas turning an angle of 651 46' to the right Ia1[ "Doing South ze 4ar E. 966.7 fast; thocas on the arc of a iarre to t1ee left ba►Sna a radius of i 280.0 foes a dittsmd of 588.6 face to an lntornmtima with kbe nartbarly "boandar,- Lisa of'tbti.Y. Pratt prwport7 and cue trP6 point of boglusing. i - Thence costlnaing on the are of a sore& to the Left having a radius of 4666.0 feet a diskeace of b90.6 feet: tbecw b. 46' Our f. 7964. 4 foot to as imt7rsecti6a with the soutUarly boundary line or the AY of BT of the said Sao. 4. . yLs - - To Haws and To Hold the Damao unto the State of ihshlffton for the purpose of a public road lnxrds. _ in '9itness *great wa hava hereunto set our hands and seals this 14 day of April, 198a. 71 A. W. Pratt (.a6dl) — Dora W. Pratt(8aa1),g 'State of YambEagton County of zing as I, the mdwrsiped, Botary Public in mad for tba Stake of Tesh136tsn. dun hereby eerklfy that on r. .`.1e L4 day of April. A.D. gersomAlly appeared botorw me A. *."Pratt mat Dora 7. Trott. It Me ;=m to be the lndlvidiai_ dozer! bad in and who assented ohs within Ssstrdmaate and aoimwrledged that they signed and sealed the sake as their free and volcmtary act and deed. for the purposes i phersin mrntionsd. Given under ny hand ani official wet thin 14 day of April. A.D. 1994. E ia1 Se 11 W. L Grill '( r ( i L9>s atar a 10om $ Sept 3 19261 Notary Pa1114 reaidics at Seattle. fashlndton. �+ filed for record at request of Grantee Apr 17 1924 as 14 min past 9 A'lf. } D. E. 9srgeaou ik} County Aullitar 18D7776 V. S. Hornlog To Massmmat Th. Pacific Tolaphano and Telegraph 001gmr7 Redondo. flu. April 16. 1924 Tar and in consideration at the sum of om(;(1.00) Dollar. receipt whereof is hereby anknewledged. a right -of -raj is beroby granted to The Pacific Talapbeos and Tal.graph Company. its successors and �vskgos. with the right to aroot and mIntaio palms. with the neoascary wires 4nd fimtnrss thereon. sod to keepsame free from loll a across that certain property belonging to 7. 6. M6 P P y 6 Beaming, and situated in the CRasty of zlag, State of Washington. and 4a24ribvd as Mines. TLe aorthwoot quarter if*j , or the Southwest ,garter (bfq) . of section four Mt Township twenty-one 121)) Corth or Runge dour (41, Bast, 1.m. Am loo,tod and staked by kbe Telephone Ceapar. The right ig also hereby granted the TolsphoDsCampuay to place and maintain gates in fasoe. at the point or points where the right-of-way intersects said Comae, i It is understood that the employee of said Tolspbous C611PAry shall. at any tiara when naowsary1 bsvb ameeas to amid right-of-way and she polaa and wires thanom far parpow of repairs, ate„ provided always' tbat said Tolopbobe Company sball be respmadble for any donna* wi+Epc say be manwasswrlly done to the i 24 1f5777a ._ ... —_ _.. 1236-1h.__..__.. above detoribod. Witness, Z. B. Borning H. C. Jackson W. S. Horning Stare of waskdagton y Co'.mty of ding yea This is To Certify , that 01: ebls loth day of April. A.D. 1924, before me, the undersignedt a notary Public _n and for the State of yashingtom. duly commissioned and sworn personally memo I'. S. Horning. and W.S. horning, nin wifs,to ce knoan to be tholudirlduale described In and who executed the within instra- ment. and aGimowledged to ms that they signed and aseled the wane as their free ind voluntary sat and deed for the uses and purposes therein mentioned. Witness my hand and official seal, the day and year in this oartifieate first above written. l N 0 J Notarial ;cal) 33wardC.Jamteon (.tom Ax Aug 25 1924) Notary Public La and for the .fate of ftabligton. rosiding at Saniysids. Piled for record at request of Hdward 0. Jookaaa Apr 17 1924 at 32 min past 10 A 11. HID D. i.. !orgQoon '..-•County Auditor drams Christian Halsted.st al . TO .edit Claim Dead Raymond P. Onion Deed Made and entered into this 20tb day of Docamber,1923, by and between prank Christian Halsted. a bachelor , of Junstion City, 3aaans, Odin 3. Halsted, as daurdian of the person and estate of Beleas Virginia Halsted, srin ore of TMnganoxidt Bansss, and Darrell Janet Wan OOz, fcraerly Burrell Janet GUIOn, Of Best Befarefiold. California. parties of the first part, and naymond P. Ninon, of 6eattle. Waabiagton. party of the second part. Wltme.setbr That, ffermas.by contrast in writing made and entered into on or about the 206 day of May. 19D2, by Julia A. qui•on, a vldow, as first party. sad Raymond P. Golan, as second party, the Geld mooted party undertook and agreed to purahaso of the said flrstparty real property in the City of Seattle, Ring 8ommtr, Tmabington, described as Lot 1 and the West half of let Do in Block 50, Woudlesn Addition tc Green Lake. for the paroba.e price of 43250.00, of which the AM of #4,0DO.00 aorsiated of a certain =rtgsge dated Baptee,bor 94, 1921.-ozeeutad by the sold first party to Seattle Title Treat Oompany. of 5*661Le, Washington, sad the balance of said parmhars price in the son of Twelve Hundred Fifty (11250.00) Dollars was to ba paid In monthly installmnts of not lees tban 8iftem (W.0..) Dollars per mouth beginaiag Jura -, 19U. and continuing until the entire balance should be paid. and 'Ahorsss, the said first party departed this life testats and thereafter by proosedings duly bad and tskr:. In the Deparlor Court of the State Of Wk iaington, within and for the Oouaty of Sing# in the ' amiter o1 the estate of Jabs A. Won. deceased, No. 3196a of the records and files of maid court., such proutedlags vote had and taken that by the judgment and donne of said Court entared In the mouth of Jnly. 1E-23. it was adjudged that too said real *state contract be end the tanw was eat off and awarded unto the parties to this agreemant In the proportion of an undivided two-alnths interest in and to said real assets, mn.trsat in the rid rrame Christian Halsted. a bachelor. Helena Virginia Halsted, a minor, and Darrell Janet colon. an heirs of the sold decedent, Julia A. Onions and 4m undivided ens-bhlyd interest Lt. the said BaymomdP. (Alan as on heir of Chassid deasdent. and Mormon, the mid party of the second psrt hereto domino to purchase and apgaire full title to amid real *state contrast slid theprsmimss therein describedi Dow. Tber*fors,ln .001oi deration of the sum of Ten (410.) Dollars to tbon Lm hand paid, the r000ipt wlarnof 1a now hereby acxnswledg■d, the said parties of the first part do, and each of them doom. hereby sell, assign, transfer and set "or unto the Bald Baymand P, Onion all right, tltls. iutoreat . lisa and estate In and to the said real estate contract first horAr before described end mentioned. and the _"&Ole thereof. And Per 'me Same Consideration the said parties of the first part do hereby ean:ay a/d quit -claim unto the party of tNss*aend part all rigbt, title and interest in and to Lot On. and the West half of Lot Two (1) , of bl_ck SLzty (60) Woodlawn iddltloa to Green Lacs. in the City of Seattle, Hing County, 9'3ehlugton. In Wltasss Ohm"Of the cartise h*rato have sat their rands hereanto the day and year ftr.t above wrLttea. erant ahrlatiam Halsted Odin b. Halsted GOsrdisa of the 2ersom and Estate of Belema Virginia Halsted, a sAsor. Darrell Janet Won Cox A.rre11 is -an-... a s-. n IF v -.�� .� state ar da: e.O—zy of This 1 public In a 0•a rdlr. of _ described 1 —y� ea++e ma hit Titmes S _ scats t: �= County of This Pvblic in : Bal.ted, a and acknow uses and p+ 71tRe; (vr 1S 001 State of C Coant3 of Thla Public Sr. + dnlon Cox, 3 apkuorla dg purpos Wi the [al.o Filed U11 1857675 South Sea To Mrs. W. P. The G of 9nehing oonreye an Lot i sabja n 31 officeIrs a ( E 5 state of w Io,nrt. On th atat. of :! to M. kno. -co .--tla voluntary ttat,d tbl seal of as r W n LAKEHAVEN SEWER DISTRICT o_ SN0)i1a11 x'llA038 T GRAM JWIXA�,F AGREF.i'IEiNT 19 � h AV j1d L "Uu1' ' Owner 'of /S / J / f ,.ti �'''r'� ..• .�' , a for and In cons�derati'on'of the LAKEHAVEN SEWER DISTRICT yrhnting a permit to construct a side sewer to ebhnoct these premises at less than two*per cent (2%)`grade, do hereby release the L'MEHAVEN SEAR DISTRICT from all future claims for damages resulting from such d6f eictibn. This agrrnement shall be a covenant i'Uflning with the lyditd'arid 'Shall be binding upon all parties and their heirs and assigns fdrever. tN WtTNRSS WIIERFOF I iherddhto set my -hand `Kfid seal the day 'dAd'-year first: above written. ) .r�r'•,..•, .f(..r ;� (seal) (Seal) STATE OF WASHINGTON) so. COIJ,i'1'Y OF KING 1 On this `day of A,1). T9 �L_, before me personally appeared �t'. 'I.,t !iced-� .•_• to me knoOn to be .I (lie �,• 1L.L� Lf•t { oC.-the_.C-orporatioa-that oxeCUted the within''IMd for6going instf'itmint, AhAd acknowledged the said instY*bnt to -be @he frer, Hnd "vo1Vhtary °act Mid'deed of said corporation -for the •uses,dnd 'pUrpbses therein mentfftad,,recl•'e'a'6h bn -oath slanted that he was • fitHbri•zed to"axe dte *said insti'mmt I'fid that the seal affixed is the corporate seal''bf said •ctsiporati'on. I1. . ! NESS WHERtOF, I --have Ehbr'c{into 'set my')f ld -Ad •bffixC-d 'My offi• i s -U, the day'ftd,year first above'writfAn. Notary "PGbl'ic=n d-'fbr tfi rate '> `w tTi+lTgtlih, residltig -at :sew, in "strd CM'Ey 4,&,,,L4 P reds MD "4 - (-4-''r9) N fI 7:2 at MtHAVEN SEWER NSTRICT `P.O?BOX 4249 -MEWWA WASH. -0800' ell FILED FOR RECORD AT REQUEST OF: T111S SPACE RESERVED FOR RECORDERS USE: T _(Applicant's Name) - MAQ. TO: g CITY OF FEDERAL WAY ' 335301ST WAY SOUTH _ s FEDERAL WAY, WA 99003 : ATTN: CAROLYN A. LAKE uceNSE � ro �.. TM MY OF FEDERAL WAY W" Brea,. (-Lkcme') it d" effective. this 23 day nfAuqug IM trod is gtaatrd by e Ronald 19. Forte eNowrif Owner,) to me'City of Federa} way, s Warying:ua Mouki* corporation 'City"). I A. The Property Owner hascouatmcted csi W v storm drainage fittditied on real property located within Ibe City 8 I 1!: offedtnJ Way. NB. The City seeks the riot 10 ante upon the iubjeet property for Poe purpose of ipsFecNag and mahtaioing inch private storm drainage facilities_ dNOW, TWREFORE, the Property Owner agrees w the followinglanne and conditions: CY) rn 1 The Pin" 0T swr hereby greats as lrrevocabia lice ose WLhe City, its cmployoce, agea4, reprir ettslives cad dvigaesa, so eater upon certain real pwptrty locaud in Federal Way, WwbioRWo, ■ad legally deaen'bed is l;tthlbll 'A' '=*bed berno sad inwsporowd bercro by this rcfersdce C P=opesey) for The parpote of impartial, eaastructing, trcavning. iassa 406. msi13W&ag, rwo4q and repurig ('Work'), nifave and pform wwrdmitutgr fsti%n Iaealyd on the Proprr:y, sad all reasonably rretes:uy appurtenances there[u ('Fasiliuci J. _ 2. Performance al' W2dL _ All mol0fawt, and OperaGva of the Faeiti6e7, iorlud* all rasa nsivciated therewith. •r he of [Do Property Owosr, pureual to She King Conoty Sarface Water Detiya Manual, adopted by tho City, m now exiding or hemfter adopted ter amended! in the event the Ptaperly Owner full to 0ricres such mainteasoce and opiratioa duties, the City shall bavp the rigbi so pe Hoorn the Work, al Lb Citr a mole election. the Property Owner ab all not have say right or elsim trddei Lbis Li cua to re4uirr TheCily lo'Imflarm shy of the Work. The Pfaperty OWnef ohidl reimhursc the City for all caste and Mp"dee ipruered in paTMmiag the Work put want io Fede.at Way Ordinance Numbers 90-31, 90-52 as any Other applicable law, rnfrs or mguWt one, as tact' exialhi m hrrtafter adopted or amended. _ 3. MM TILe term of this Latenie ,hat he far a pociod of thirty (10) yeart, commencingupan the execution o w 9 Lleente end ter*ainstiag flurry (30) ytadt a0rr tba dace aT nub felt exermion. or earlier upon The removal of the Pacif ". svbjtes W tie City's VP lovLS, or upon the gwnerfhip Irarufer of the FaciWes from the Properly gamer to the Ory. sabj tt (o the City's approval Citron'): prorided, haws ver, that in the eveel the Foriklin are still ape rating at the cspiialttm of the Terra. N rb is License dWI roatinue in full force and effect until Dot Fseilitleo are on Icn!<er operating. 4. fademniGc9len The Prvpc=ty O.voer agrees to indemnify and bald the City, its stected afFrisls, ofHeerf, tmp'oye . sprats, and volnMtets hsu mlass from any and all claims,. demeek kt . acitom Arid tisMiksht (ulcl+ InY Mu and Lit ann:vey tees) 0 � N •y cr1 �'.• O M 11 Q: J Jt J J. r i io of by nay and ell parsons oe entitle,% including, without liM4600, their m1peedU rgeW. lioeoree.r, ee «preswyeires, kAsica icon• remltimg from, or warected with Ibis lacsme to the ex#el cued by the negliseat ar:ta, errors at ooiuxions of the Properly Owner. its Pertmm. shoebpadcu. egeatr, emptoyu r; or as a fuuk of the City Pesfornuog the Wceft, or ae a result of tho Facilities fl iliag to bperele in good condition rmd kPair, or by the Property 0ivoer'e breech of Lie License. The piovasops of this Setlipa shell arrive the expiration or lermioaAon of this Ijceme with respce[ to ay event occurring prior to such expua4on or teriDismtioo_ S. This I.im W cons4mles a eovenut runaipg with the land sod obaR be binding upon all successors in interest end asagas of the. Property Owner. - IN WITNESS whereof the Property Owner bet executed ibis license the day and year set forth below. II PROPERTY OWNER I r Wre Roriald M and Jacquelfne7fii Forte (Nerve) (ride) 7670 80th Place 5E Mercer'Island Wa. 98040 (Address) 206 682 4404 (Phone) Due: Agtiust 23, 1993 STATE OF WASHNGfON u. [lNDINIDUAL NOTARY] COUNTY OF KING 1 - Oa this 21 a.y of A' iT, i. t-.. _-. 19 93 before me, the codersigned, a Notary Public in and for the State ofWmbinyton. dclycomrtirsi•�ocd snd nwvrn. pernral4y tp petrci l{O Flaid u :skin Je)ouellnt• R Faris__. to me known to be the individual(s) Who executed the foregoing inNumept, end acknowledged the raid instrument to be the free and voluntary act and deed of said iodividual(e), for the uses and purposes. therein mentioned, and on oath [used that he/shdthey was(were) authorized to execute the amid instrument. Witnese my hxed and officid seal heretonffiixed the day atid�jear,6rrt above wriiree. EE opay FN f w m grin rwms of notpry) OF Wftw GION Nottry Public in and for the Stele of Wmahioirwo 'r' (v*pt 4. IM •2- •. i 20071004001261.Z;L Return Address: City of Federal Way Attn: Law Dept. 33525 8th Avenue South P. O. Box 9718 Federal Way, WA 98063-9718 RIGHT OF ENTRY r �Ovb) I Grantor (s): RICHARD P. LARSON and KAY A. LARSON, husband and wife 6&5a 11-1 ! Grantee (s): CITY OF FEDERAL WAY, a Washington municipal corporation [!� Lcgal Description (abbreviated): Ptn. Of NW SW 04-21-04, additionaI legal below/ Assessor's Tax Parcel ID#. 042104-9033 / RECITALS A. RICHARD P. LARSON and KAY A. LARSON, husband and wife (Grantors) are the owners of certain real property (the "Property") located in Federal Way, Washington, and legally described as follows: THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 30 FEET EAST OF THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 4; THENCE NORTH 89' 45' 51 " EAST 234.86 FEET TO THE WEST MARGINAL LINE OF PACIFIC HIGHWAY, - THENCE FOLLOWING THE SAID WESTERLY MARGINAL LINE NORTH 01 ° 41' 56" WEST 235.00 FEET, MORE OR LESS, TO THE SOUTHERLY MARGINAL LINE OF NATIONAL PARK HIGHWAY, THENCE FOLLOWING SAID MARGINAL LINE ON A CURVE, 240.00 FEET, MORE OR LESS, TO A POINT 30.00 FEET EAST OF THE WEST SECTION LINE OF SAID SECTION 4; THENCE SOUTH 00° 36' 37" EAST, PARALLEL TO SAID SECTION LINE 250.00 FEET, MORE OR LESS, TO THE POINT OF BEGINNING; EXCEPT ANY PORTION THEREOF CONVEYED TO KING COUNTY FOR ROAD BY DEED RECORDED UNDER KING COUNTY RECORDING NUMBER 2601551. B. The City of Federal Way, a Washington municipal corporation (Grantee), desires to construct improvements to Pacific Highway South HOV Lanes Phase III (South 284'' Street to flash Point Road), and requires entry onto a portion of the Property in which to locate the improvements. C. The undersigned ("Grantor") having an interest in that certain real property located at 29805 Pacific Highway South in Federal Way; Washington and depicted on Exhibit "A" attached hereto and incorporated by this reference, Grantor does hereby grant to the City of Federal Way, a Washington municipal corporation ("Grantee"), and to its agents the right of entry onto the Property for the purpose of construction of the driveways, slope restoration, drainage, utilities, irrigation, and properly restoration. Said right of entry shall commence at such time as the City of Federal Way issues NOTICE TO PROCEED to the prime contractor for construction of the Pacific Highway South HOV Lanes Phase III Improvements Project and shall terminate at the completion of the Project. DATED THIS '7 day of. A / 9 , 200rf �x� ;3 / % -I- �� �� PARCEL: 042104-9033 20071004001261 GRANTORS RICHARD P. LARSON and KAY A. LARSON, husband and wife —,zz �'� RICHARD P. LARSO KAY 4r LARSON STATE OF WASHINGTON ss. COUNTY OF KING I certify that I ]mow or have satisfactory evidence that RICHARD P. LARSON and KAY A. LARSON are the persons who appeared before me, and said persons acknowledged that they signed this instrument and acknowledged it to be their free and voluntary act and deed, with full knowledge of its contents, for the uses and purposes therein mentioned. DATED this 4A day of /?,Or; 200q �,+.�►11i11{I� � ,�,�I Notary Public &O r ^ Gp a07��4 Residing at -as Mo ! tie-$ My appointment expires r 5, t.t�' s s -2- PARCEL: 042104-9033 20071004001261 EXHIBIT "A" -3- PARCEL: 042104-9033 20071004001261.== EXHIBIT "A11 NTS S 16TH AVE 6+00 .7 . 00 ow i ! i 3 0421049033 '�- i�. I ROWTAKE. PIGHTflF'ENTRY` _ r 1 °" 1 •1 '� 23 .153 c ._.�-.--��-a. mow..- .�.r�• `c::S:.#-�•• ..-,-��_ - - -- - PA-OiFIC7ffl-GlW S 941±00 942+Da 943+OD i � F, 6 19•NOWIDOS 14:52:U party 56AW PARCEL: 0421049033 20071004001262.LL Return Address: City of Federal Way Attn: Law Dept. 33325 8th Avenue South P. O. Box 9718 Federal Way, WA 98063-9718 20071004001262 PACIFIC NU TIT ROE 43.00 PAGE001 OF 004 10/04/2007 12:09 KING COUN7Y, WA �l RIGHT OF ENTRY Grantor (s): RICHARD P. LARSON and KAY A. LARSON, husband and wife Grantee (s): CITY OF FEDERAL WAY, a Washington municipal corporation Legal Description (abbreviated): Ptn. Of NW SW 04-21-04, additional legal below Assessor's Tax Parcel ID#: 042104-9157 RECITALS A. RICHARD P. LARSON and KAY A. LARSON, husband and wife (Grantors) are the owners of certain real property (the "Property") located in Federal Way, Washington, and legally described as follows: THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS., THE NORTH 100 FEET, AS MEASURED ON THE WEST LINE OF THE FOLLOWING DESCRIBED TRACT. - BEGINNING AT A POINT 30 FEET EAST AND 329.91 FEET NORTH OF THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, THENCE FAST 241.13 FEET, MORE OR LESS, TO THE WEST LINE OF PACIFIC HIGHWAY,• THENCE NORTH ALONG THE WEST LINE OF SAID HIGHWAY 329.57, THENCE WEST 234.66 FEET TO A POINT 30 FEET EAST OF THE WEST LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 4; THENCE SOUTH 329.91 FEET TO THE POINT OF BEGINNING. B. The City of Federal Way, a Washington municipal corporation (Grantee), desires to construct improvements to Pacific Highway South HOV Lanes Phase III (South 2846 Street to Dash Point Road), and requires entry onto a portion of the Property in which to locate the improvements. C. The undersigned ("Grantor") having an interest in that certain real property located at 29805 Pacific Highway South in Federal Way, Washington and depicted on Exhibit "A" attached hereto and incorporated by this reference, Grantor does hereby grant to the City of Federal Way, a Washington municipal corporation ("Grantee"), and to its agents the right of entry onto the Property for the purpose of construction of the driveways, slope restoration, drainage, utilities, irrigation, and property restoration. -1- PARCEL: 042104-9033 20071004001262.a Said right of entry shall commence at such time as the City of Federal Way issues NOTICE TO PROCEED to the prime contractor for construction of the Pacific Highway South HOV Lanes Pbase III Improvements Project and shall terminate at the completion of the Project. DATED THIS] day of—t1JA-f L 206f GRANTORS RICHARD P. LARSON and KAY A. LARSON, husband and wife RICHARD P. LARSON I KAY A. LARSON STATE OF WASHINGTON ss. COUNTY OF KING I certify that I know or have satisfactory evidence that RICHARD P. LARSON and KAY A. LARSON are the persons who appeared before me, and said persons acknowledged that they signed this instrument and acknowledged it to be their free and voluntary act and deed, with full knowledge of its contents, for the uses and purposes therein mentioned. ) DATED this &M day ofNotary (S,jN11t!►! � Public � � ��y rrl�'�I� Residing at © f M5 -(5 T ,h, �S� My appointment expires 4 — Z Q— t O i sU n6*00 -2- PARCEL: 042104-9033 �j 2007100400l2R7- 7. EXHIBIT "A" �I _l j J -3- PARCEL: 042104-9033 J i 20071004001262.== 'r •ram r " EXHIBIT"A" F � NTS � � I iLICE N WA ' • � IAofrL, � 1' JP !! 80 f�• � �_� -'' AA, IFIC HiO;1i�VA�I' e� J 01. — v put ' a�osc� PAREL. 0421040157 e_sseaamoure Oall i and soma the day Ms. a Votary Lydia Hamilton, usdi. and aolmowH- for the uses ,rltten. ate ttle. NN �D .'list part, of L. 7. D. Dollar 441.001 �reof is hereby Maid partyof the ,roaghp &Oros& or the side &war r W is maid side ssa`er, s follows: , &-wits Late &dditloa.! 2k tiMS as my :wing or 7mce sball be a his heirs and; the day and deralgud, a� alum d to me that be Votes therein Slate .ttla. 0 Vi W M ISP870 A. T. Pratt. at m: To State of WaehingtOO 18d7776 :W-zs Right of 3ayDead 23 Right of Tay Dead I Ia.tba Natter of State Road iMown as tba No. 2 - HnO„ 111]lan 8y Thass Presents. That A. W. Pratt end Dora W. Pratt . hie wife, of the County of -21og, in the State of �7aabington, in 000aideration of the benefits and other vabaablo Ootffidaratlobsa sad ; the mum of Hlevem Thousand Dollar., paid in band the receipt whereof is bereby acknowledged. have granted, bargained, mold and coureyed, and by these presents do grant, bargain, moll and convey unts the State of 7shington the following described panel of land situated Im Ring County, in the, State of. :7ashingtan. to -wits A atrlp of land in the Sir of W. 91 of SS. 8$ of SW and SW d.r BE. Soo. 32. Tap. 24 R.R. 0 S.W.N.. DD of BE, XR of HS and 88 of EX. tire. 5 , S9. of NW, DW of HS, RE of ton Soo. 4. Tap. 23 H.H. 0 60 feet In width from survey station 1452i-75 ho surrey station 1460NO being 30 feet wide on either side{ of the carterlima of State Read No. 2 ( &moot Highway] ■e now located and of record in the office of the btats Highway Enactor at Olympia i 80 foot in width from Manley station 1460KIO to survey station 1481HW being 50 foot wide on the vast aide and 30 Cost wide on the last side of tbm said sentsrllae; 60 feet in -loth fry=• surrey station 1401+00 to sar:ny station 25AWC, , balms 30 foot wide an altbsr .skis of the —id eeot•arlins and oonto=Laing 12.73 ante& morn or leas. Sold c►nterlias Laing more partloalsriy described se follows, Commencing at the one quarter corner on the vast side of the said See. 32 aid rannimg Jr. 07. 33• S.a 777.2 feet along the east and vest one quarter line of the said Saar. 32 to an Intersection with the oentsf- .lihe of the said State Road Ho. 2 ( Sanest HiGIrwgy): thence turning an angle of 63e 45- to the right and running South 266 421 N. 286.7 feet; thence an the are of a curve to the left having a radius of 2065.0 feet a distance of 338.6 foot to an Interaestion with the northerly -boundary line of thel.1t. Pratt prcpgty and the true point of bogloning. - Thanee continuing on the arc of a curve to the left having a radius of 2865.0 feet a distance of •580.6 feat; thence S. 45- 05- S. 7964. 4 feet to an IOt^rsvatioo with the southerly boundary line of the! Fib of SW of the said Sea. 4. - - - Ta Here and To Hold the same, onto the State of Naahangtan for the purpose of a public read forovar. In Wittiest Ahersof we have hereunto eat our Lands and seals %hie 14 day of April. 19S%. A. W. Pro" (Small Dora W. Prattj2esl) 1 - state of Nashtnetan- County of Xlog )ec i• I. $be uodermitaed. Notary Pablia in and for the State of Wae1114tenp do hereby d@tify that an e his 14 day of xpri L, A.D. 1524s rersonally appeared befers me a. W. rMtr am Dora"S: t'Pait, to w loo.s. to be the lmdlvidusl_ desarlbod in and who emeauted the within Sastrament, sad aclamUdgid that ill they SISRM and sealed the sent as their fps* and roluntsry not and dead. for the - - �.:�paspawa Therein mentioned. i Given under oW hand ail official soil this 14 day of April. A.D. 1924. { W L a Notarial Deal) W. L. grill j} (Cow Wa Rapt 3 19D%) Notary Public residing at Seattle. Washington. j riled for record at repast of Granted Apr 17 1924 at 14 min pox% 9 I-N. �:R D. R. 2oedne021 County AudLtor F• 8. Horning j To hptisvM to i The Pacific Telephone and Telegraph oompsa ROdondo. Wa. April 16. 1934 f ]or and in eons Uffratim of the sam of Dtw(;1.00) Dollarp receipt aheraar is hereby seYaewledged. ` a right -of -ray is hereby granted to The Paalflo 'Hlaphoav and Telegraph Company. its asocescore =e Asa Lgas, with the right to erect and maintain Volta, with the neaeoeary wires and ristures thersin. sod to keep same free from foliage across that certain property belonging to W. S. Horaaug, and jituLted in the Cpunty of Xing, State of 73rblagton, sad describsd as f011owa: rh. FeethmeuE qu■rs.r iHN}i , of the &oath..■c quarter (6R}) , of Section four (4), *ov=hlp twenty-ons (21)p north Of Range /our (4), East. S.Y. Is 100,ted am,i staked by the Telephone Company. The right is also hersby granted the TolophoteCompany to place and Maintain gates In fanoos At She point or points where the right-cf-My Intersects said lances: It 1■ understood that the employes of said Talophene CewpaR7 ■hell. at any time 'man necssaary, boas atcvta to sold right-of-way and the posts and wires tbarsob, for purpose of repairso ate., provided always. bbat ■aid Telephone Company shall be reeponeible for say dem;ge whlu'L my 118 uonacesmrlLy dame to the 24 i ..�_ .. .. — — �_�._ __ lma-� — - --- --,•fag _- ..— ebov- do:C.-Then. eta:e of Sa Witross. +. S. Horsing County or N. C. Jackson M. N. Horning 'Thin I State of Washiogtoc Public in a Co-mt9 Of dlnB lea T,cndla.: of This is To Certify . that me this lutb day of Aprilr 1.D. 1924p before an, the undersigned, a Liotary described I Public la and far the State of Tashi gton, duly condisioned and sworn personally acme T. 8. Horning. and as hie W.B. Horning, cis rifo.ta me known to be thelmdlviduale deacribed in and who executed the within instra- altnes moos, and ac?Qlwledged to ae tIlLt they signed and eealud the same as their free and voluntary sat and ( B J e deed for the case and purposes therein mentlaned. Witness my hand and official meal, the day and vear in this certificate first above wTitteo. ( E C J :lotarial L.aal) _3wari C.Jaoxaon (Dom Am Aug 25 1924) Notary Public is: and for the State of %ssllL•gton. residing at Satayside. Jlled for record at request of Edgard 0. Jadk.da Apr 17 1024 at 32 min past 10 A M. lira D. E. dsrguson County Auditor IM776 9ramt Christian Ealated.st al s To tilt Olalm Deed Haymand P. Caton Deed Made and entered Into this 20tb day of Doaamber.1923, by and between Praak Christian Halsted, A badbelor . of Janstion City, Wonsan, Odin N. Related, as gaardlan of the person and estate of Helene Virginia Halsted.aminor.of Tonganoode, Kansas. and Darrell Janet Onion Cox, formerly Burrell Janet Onion. of Bast Hinseflald. Cmllferalas parts— of the first cart. and Raymond P. Buloar of Seattle. Washington. party of the-aaoond part, Mitneseethh chats lhsroaa,by oontraat In writing Made and entered into on or about the 2nd day of May. 192-0. by Julia A. Ouboa, a widows, as first party: and Raymond P. Onion, an second partys the said second party undertook and agreed to. purobase of the said flretparty roal property It the City of Beattle. Wiis County. Vaehingtoip described as Lot 1 and the West half of lot 2, in cloak 60. Weodlawn Addition to Oman Lake, for the purchase price of $3250.00. of whieh the ohm or U,000.OD Goasisted of a certain mortgage dated Bogtanber 24, 1921, .excoutad by the maid liret-paiSy to Seattle Title Trust Company, of - Seattlf, Tasblagton, and the balaaoa of cold pmrahame price to the a® of Twelve Handred YSfty ($1250.00) Dollars woo to ba� paid In monthly installments of not loss tbam 2Lftsan (J15.0.) Dollars par month beglaning Juan 1, 1922. and Goitindlug until the entire balance shmild be paid$ aid _1horsas, the said first party departed this life teetato and thereafter by proosediiga lily had and takes 1st the Superior Court of the State of Tembington, witbli and for the County of h11cg, in the matter of the estate of Jalla A. Gaion, deceased, He. 31963 of tdia records and Mae of said court, such proceedings were had and town that by the 4udgaea0 aid decree of said Oourt entered in t)ia month of July, 1E-2i, It Wee adludgid that the Amid real eststs contract U and the same was set off and Awarded into Cho LLala■ to Me agreement In the proportion _of an undivided two -ninth. interest is and to paid real eatats contrast In the aid Yran;t Christian Halsted, a baahaler. Helena Virginia Halsted, a minari and Jarrell Janet OuluA, an heirs of the Said daasdent, Julia A. Onions and an undivided one-third interest In ']as aid RaymouU. Gslon as an heir of th.said decedents and Moereae, the said party of the second part hoewtt dealrea to purchase end eaquire full title to said sal agitate contrset and thepromises therein described; 7w, Tberefors.in Good duration of the sum of fen ($10.1 Dollars to than in hand paide the receipt Mateo[ in now hereby SO)MCalodged, the said parties of tba first part dos and Saab of than doese hereby call, aeslgn, transfer and set over unto the paid Raymond P. Onion all right, title. interest . Man And estate in and to the said resl estate contract first herein before described and mentioned. and the : 2hole thereof. And liar 'ice Hama Cos.ld+ratioa the said parties of the first part do hereby aatranj and quit -alai. unto tot party of tRoaaamnd cart all rights title and lntsroot in and to Lot One and the West ball of Lot two 121 . of Dl=olc Sixty 160) Aoodlssn Lddltlon to Green Lake. in %be City of Seattle, king County. ltaa_Mngtot. Is Witieas A ereof the carties hereto bay* Set their hands hereunto the day and year first above written. drant Christian Halsted Odin ff. Halsted Gaardlai of the person and estate Of Helena Wirglaia P.elsted, a Didmor. Burrell Janet Onion Cox fLYrill_�eahnaali. ulna Rom_-__•_�__ State tf Kz County of TL i a : Public in $ Halsted, a and sedans: ..as and pre Jitue: ( W r Cy Con State of C County of : This. Public is . Onion COX, acknwledg And purpos 7itne ( C ' (01.0 riled _I.R 1857876 South "a To Mrs. W. F. The a of Woebing eoweys me Lot 2 Sable li -Si officers a ( 6 S state of W M,mL On th btatn of J to me ]oats -c ran mule voluntary ctated thou � peal o[ as 0- --A - . FILED 08KAR-5 AN 8.V KING COUNTY SUPERIOR CE q%T—. CLERK KENT,'W 1k' IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF KING FEDERAL WAY CITY OF PlaintlWetitioner, VS. RHODES ETAL Defendant/Respondent. NO, 46-2-01388-3 KNT CLERICS ORDER OF DISMISSAL (CLOD) I. BASIS A Notice of Clerk's Dismissal was mailed to the parties of record in this matter pursuant to one of the following rules: Local Rule 41(b)(2)(E) Local Rule 41(b)(2)(B) Local Mandatory Arbitration Rule 4.4(c) II. FINDINGS The Clerk has not received for filing an Order Disposing of All Claims against all patties after the mailing of the notice of dismissal. Ill. ORDER THEREFORE IT IS ORDERED that the above case is dismissed without prejudice (This dismissal does not affect divorces, determinations of parentage, child support orders, judgments, or other orders entered prior to the filing of the latest action.) Assigned to Department 14 Date: _ MAR 05 20 Presiding Judge Presented by: BARBARA MINER KING COUNTY SUPERIOR COURT CLERK By: Kathel McCoy Case Management: (205) 205-8424 rptSenDSMNotioes (200803) i21g3 Electronically Recorded 5S78Z 20121009000749 SIMPLIFILE DT 8400 1 ST AM age 001 of 10/09/2012 11:2012 King County, WA RETURN ADDRESS: Starting Savings Bank Loan support PO Box 2131 Spokane, WA 09210 DEED OF TRUST DATE: October 2, 2012 Reference # (If applicable): 90176�001 Additional on page Grantor(s): 1. NIKLEXI, LLC Grantee(s) 1. Sterling Savings Bank dba Sterling Bank 2. UPF Washington Incorporated, Trustee Legal Description: PTN. SEC 04 TWP 21 N RGE 04E, NW QTR SW QTR Additional on page 2 Assessors Tax Parcel ID#: 042104-9033-09 AND 042104-9157-09 THIS DEED OF TRUST Is dated October 2, 2012, among NIKLEXI, I.I.C. A WASHINGTON LIMITED UABiLITY COMPANY ("Grantor); Sterling Savings Sank dba Sterling Sank, whose mailing address is Spokane Commercial banking Center, 141 N Wall St, Spokane, WA 99201 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"): and UPF Washington Incorporated, whose mailing address Is 910 WEST BOONE AVE, SPOKANE. WA 99201 (referred to below as "Trustee"). DEED OF TRUST Loan No: 201767269.9001 (Continued) Page 2 CONVEYANCE AND GRANT, For valuable conaldoration, Grantor Carwey6 to TrusMa in trust with power of sale, right of entry end possession and for the beMM or Lander as Boneadsry, all of Grantors right, 1I1I8, and int8fool In and to The following described real property, Imgeihar wlih air ekieting Or culamquendy erected or affixed buifdinp, improvements 8nd axlulas; all easement-, 6gr+l5 01 way, and appurtenance; all water, water nghls aid ddch rights (including slack in utilities with dLIO or irrigation rights]; oral all dlhur rights, tayahlds, and raf,l n reran 10 the real property, Indud,og wlthaul drnitathon all milterdlS, 011. gas, gediMmsd and simaar manors. &ttte Real Property"j located In KING County, State of Washington: See the exhibit or other description document which is attached to this Deed of Trust and made a part of this Deed of Trust as if fully set forth herein. The Real Property or its address is commonly known as 29805 PACIFIC HIGHWAY S, FEDERAL WAY, WA 98003. The Real Property tax identification number is 042104-9033-09 AND 042104-0157-09. CROSS40ILLATERALKATION. !n addllion 10 the Note, Ibis Deed of Truel secures all bbllgalons. debls and habiln:es, plus interest tnereon. of Grantor to Lender, of any one or awry of them. as well as 811 Claims by Lender against Granlw of any one or mote of Them, whether new e%ISting or hefeaaef adsinQ, whdlher mle18d Or urvet9led to the Purpose o1 the Nora, whether voluntary or alhenyiee, whether dye or nor due, dlrecl or hndlreal. detarmkned or undviennirted. absdute or conliogem, liquidated or "nT*Wted, wherhor Groomer may be tiebie kndivlduarly m 1o1r111Y with Othefs, whether Obrlgaled as guarantor, surety, accommodaiion party Or oihafwlse, end whether revowwy upon such amounts may be or heraahliF may became ballad by any stahlle of Ilml•,01100s. and whruncr the obligation to repay Such amounts may be or hereahar may become ciberwise two nforto able GrantW hetaby assign as 5ecwhty Q Lender, dI of Gfafl[Ore right. iRla. Hal Interim in and to all leases. Rents, oral grafts of the Properly This assignment is recorded in aecdrdence wtth RCW 05.08.070: the lien created by rhs asigrrnerrf i5 vaarded to be spocifle, pedected and uroate upon the rLrmding of Ins teed Of Trust, Larder 9nants to Oro" a Incense to oO11pU Ina Rants and pruGls, which tkxa may be revoked at Lenders option and shall be eulomalicL4y wvo"d upon DoDplaraWn of ail or pad of the indebtedness. In addfltan, Grantor grants to Lender a Urtilomm Cowl erclal Cade security interest in the Persarm[ Property aid Rents. THIS DEED OF TRUST. INCLUDING THE ASSIGNMENT CF RENTS AND THE SECURITY INTEREST IN THE REN1r3 AND PERSONAL PROPERTY, 15 G WEN TO SECURE (Al PAYMENT OF THE INDEBTEDNESS AND 181 PERFORW-NCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE. THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GNEN AND ACCEPTED ON THE MLLOY61NG TERMS: PAYMENT AND PERFORMANCE. E=W as Dlhcrwlse Prnvlded in Ibis Deed of Trust, Grenibt small pay IQ Lender all amounl5 secured by this Used Or Trust as they become due, and shall Strictly end In a timely rnannea* perform ant of Grantors ablipaharrs udder line Nola, this Cood of Trusl, ,arid the Relafad DomrriOnLs- POSSESSIOH AND MAINTENANCE OF THE PROPERTY. Grantor agion that Grantors possesslOn and use Of the Property ghats Lw "*mod by the following provisioner posiesslcn and Use. Until the occNd rc, o1 an Event of Default. Granter may (1) rem,lln in Possession and cot," of the pump dyy (2) use, operals or manage the Property: and (3) co1IW the Rents from the Property Matepto the use at the Property dris a licanso from �other lierHtations anto Gwlor olhe Prar�nyy.. The Real upon auto t�rn fallowing uses pdnVislms dPaHy nor egricuflvrel purposes. Duty to Maintain. Grantor 3W maintaln Iho property in lenantabd cooduOn end prmmpay Perform sit repairs. rgpiagemenl5. and malnlenimm nCcsssmY ID Pfrrmrvc I16 vi)Iue Hulasnce, Waste. Granter she not cause, conduct or permit any mll,an[na nor commit. pennil, or suffer arry slopping of a wasle on Or to the Property or any pbrti0n 01 the PrOPeny, Without limning the genomfily or Ire foreq irng, Grantoe wdI not remove. or grant to arty other party lha nyht to ramove. any umber. minerals fincrudinfl all and gas), pear, asy, soerla. soil, gravel Or rack products without Lenders prior written CdnS"I Removal of improvements. Grantor shall nor demoii,h ar remove any Irnproverrlents from the Rest PmpArly without Lenders Prior wrlllan ounsenl- Ad a omdNlon to the mmaval or any Improvements. Lender may reQuire Grantor to make arrarxpmems solisloclory to Lender lu ruplaw such IrnpNvernerd5 with tmpm ornonla of at lean equal value. Lenders Fifth! to Enter. Lerude-and Lenders agents and Wflismnlalives may enter "Pon the Reel Property at all reasonable limes to attend to Landers interests and to inspect the Red Pmpedy for purposes o1 Grantors ODmpMnm wile the forms and conditions of this Oeod or Tm5l. Complumeo wElh 0"ormosntal Requiremsols, Cwanior shall promptly comply, anal shalt promptly cause oomptaance by on aQenls, tenants Or other Persons Of dnlWes of every nature whaLloever who rent, Wass Or a0wrw15e use w occupy the Property in any mermen, with ah IOwS, WOuianrrs, and negulalions, now or Hereafter in effect, of e# 9ulhorldlis epPkabie to Me use or occupancy of the Plopedy, including without I.ImInuon, the American With OiSabilitaa ACL Grantor may contest in good forth eany 5uch law, Ord-lnanve. or reQWallon and wnilhold compliance during any, proceed^g• indudlnq oppropeale opp"is, w Tong as Grantor has notified Leraer in writing prior to doing 5o and so boil as. in Lenders sale ophnion. Lenders lnlilre516 In the Property are not jeopardizeed• iendvr may rebulre GrsntOf to post sdaquate security mr a surety bond, ranson" sabetactory To Larder. to Protect Lenders Inlwr T. Duy to Prolog. Grantor agrees noifher to abandon Or Lase unattended the Property. Grantor Shall alp all Other acts. In add.tion to those aces Set forth above in this seclion, wh khr from the chmradar and use of Ine Property are reasonably .nec Bury to proto k and preserve Ina Progeny. DUE ON SALE • CONSENT BY L9lDM Lender may. at Landbr's Opilon. (A) d9oare Imm"dialefy due and payable all gums sOCurad by INI: Deed of 7rusl or (B) ui0foess the interact role provided for in The Note m other document eyldaookkq the hndebtednm and impose such other conGrtiom a7 Lender cto m5 appropdsty, upon the sale Or transfer. without Lan&r'5 poor written mmnrsem, of cl w any part at the Roal Properly, or any interest th the Red Property, A •s.Ge or lransfar means the oonveyenos 01 Real Properly or Dry right, title ar interest in the Rear Property: whether legal, banorxid or scultable: whether voluntary a irrvohunfary: whether by outright Sane. dead, inStaibnonl sale contract. tars Lontr ail, ednlracf rdr deed. leasehold Hnlamsf with a term greater Chan tries (3) yew, leaso-opliort contract. or by Saie, gsxfilanann, or transfer Of any benafiGal lnfarasl in a to any I" Im" holding Lille to the Real Property, or by arty other me[hod al annvayarica of on Inlefest in the Real Property. If any eranmr is a parppfalimn, wrwrithlp at Irrriled liability company. transfer also Irhdude3 any Cho q, In Owneeshp or more than twenty-five percent (25°%) of Iho voting DEED OF TRUST Loan No: 201767269-9001 (Continued) Page 3 stoic, parri interests or limited liability company kMeresss, as the cm may be, or such GrerAw. However, this option Noah rM be exercised by Lerrder If such war ise is proh9xled M Ssdofal law or tly Washington law. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of Trust: payment Grantor Shan pay when due (and In all averts prior to deanquancy) oG taxes. special taxes. asacssmc+hls, Charges (Including water and sewOf), fines and Impositions towed against Ot on account al Iha Property, and shot pay when due all ciaim9 for work dare on or For smvidan rendered or malarial fumi3had to the Property- Grantor shall maintain the Property free of all Rens having pr" over or equal to the interest dl Lander wrier thin Coed of Trust, except for the lien of taxes and SMSSmante not due and except As Otherwlse provided in this Dead of Trust. Flight to Contest. Grantor may wl[hnold payment of any lax, assessment. or cJWM in connection wish a pond faxh dispute over the obligahon to pay, so Iona as Landors interabs in the Property Is not feopardlied- It a Pen arises or is feed os a result of nonpayment, Grantor Stall within 11 (15) days aRol the Pen arlsea or, if a ken is fled, within Pfleen (15) days offer Grantor has notice of the fling. secure the discharge of due teen, OF If requested by Lander. deposit with Lender cash or a sullefenl owpoate surety bond the or or socwrd ily satisfactory 10 Lesr to an emxKg wfficient to Ps& jW the Hen plus any WSts and a[lomeyo, fees, or other charges Drat Could aaFW as a rosulf of a foreclosure br safe under the Ilan. In any contest, Grantor pied defend itself and Larder and shall satisfy any adMW pudynuanl befma onbrcamdnt against the Property. Grantor shay name Lander es Sri additional obligee hinder any surety Ixaad furnished In The Contest pnxxeedlngs, Evfdenu of Payment. Gren[Or shall upon demand furnish to Lander satisfactory evidence of payment of the takes or sste Smells and Shall outfueeze the appropriate govemmenLal official rb deliver IO Larder at any time a wnaen statement of the taxes and assmsmenta against the Property_ Notice of Construction. Gfolvew shark nobly Lender at least f"on (15) days before any work is commenced, any servioes are furnished, of any malenars am supplied to the Property, it any merhanlc,5 lien, malerialmen's pen, Or other lien could be assarted on a x;qunt of the work, services, or matanals Grantor will upon request of Lander turn" to Lender advance aswrances sahsieotory ld Lender that Grantor cash and will pay No Coat Of such Improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of Trust greirrommea of Insurance. Gramm shall pmcure end maintain Polk ms of fire Insurance with standard extended Wvetage ehdommonrs on a repracnrnent basis for the full insurable value Covering all Improvementts on the Reel Properly In an amount sufficient Id evotd aWication of any coirrwance clause. and with a eter0ard mungagaa clause In favor of Lender. Grantor arias &0o praurre and mrefnleln COmprchons+vn general IIa bILy inaurarr-o vh cuch caumpge amounts as Leader may request with Trustee and Lender being r4vmed as addidcvrat IMIsrods in such llabudy, lnumunm policies. Additionally. Grantor Shall maintain such dlhor Insurm4e, including but not llmned to hazard, business intermplion, and briber ftwance, as Lander may moseri fequae- Policies shag be written in Fenn, amounts. coverages and basis reasonably acceptable to Lender and issued by a DDtrP311Y Of cump3nia4 reasonably aoceplabie id Lander. Granor, upon request of Lender, will d0Hver ZO LaMar From tarn IO tlrna the polices or vortificsi of Insurance In form eaGs[aCldry to Lander, including stifu+lallons that coverages will not be catcalled or dminiall d wklhoul at least tan (10) days prior written notcc to tender. Each Insurance Policy 3LSO mha0 include an endomemeri prowi&V that Coverage in favor of Lender wsI not be lmpaaad In arty way by any act. omissim or default of Grantor or any Other parson. Should the Real Property be totaled In an area dsslgrrated by the 01mcldr of the Federal Emergency Managament Agency as a special good hazard arse• Grantor agrees to obtain and malntein Fddera Rood tireunanee, if avalWbio, within 45 days after notice is given by Lender that the Property Is located In a spacial flood hamd aea, For the full unpaid paxrcipal batanca of she loan and wry prgr liens on the property securing the loan, up to the maximum palky limbs eat under the National Flood Insurance Program. w as otherwise required by Lender. and to maintain such rfmwarhde for the term Of the loan. AppticaltOn of Proo ode, Grantor shalt promptly nolify Ladder Of any Ions sir damage So dire property- Lendef may make proof of loss if Gran[m falls to do so with In Fifteen (15) days of the casualty- whether or net Larders security is unpaired. Larder may, at. Lender's ehacuea, race:ve me retain the Proceeds Of any Insurance and apply hho proceeds to the reduciton of the InrMblednesa, payment of any lien aaectlng tho Property, or the restoration and repair of the property. It Larder oiacs to apply the pnx*eds to rasweahon and repair, Glamor shall repair or moon the danaged or destroydd Improvements in a marmot solislactory to Lankier. Lander shelf, upon satisfactory prod( of such expondirura. Pay dr relmbwae Grantor from the proceeds For the neaapnable cost 01 rcpakr or rdstorallon if Grantor i$ not in default under Ibis Deed of Trust Any proceeds which have not been disbursed with In ISO days after thdk foc" and which Lender has not a m""ed to the repair or restoration of the Pmpafty Shall ter used prat to pay any animal owing ld Leader under this Cured of Trust, Ihen to pay accrued Lnivos[, and the remainder_ if any, shall to apPaod to tine pfim par balnncd OF the Indpblodrless. If Lander hdfds any prootirl alter paymenl in full of the lndeblodness, such pnotaeds shad be paid wilhouI interest to Grantor as Grantors Interests may appear. Granloes Report on Imurmes. Upon request of Lender, however not more tru in prig a year. Granter shall furnish to Lender a report on each existing policy of InS rencsa SbOvaing: (1) Sea name of the irssumr: (2) the risks Insured: (3) the amount of the pdiG}, (4) the plop" insured. the "a currant replacement value Of such property, and the manner of de[armr, i Ihal value: and t5) Ina expiration dale of the policy. Grantor Shad, upon request or Larder. have an Independent appraiser wil5factory to Larder datorr inn the Gash value replacement Cast of the Properly. LENDER'$ EXPENDITURES, It any aeuon or proceeding is oorrmenoed that would materially afflict L4rM3ers imeq in me POperly or If Greuvim Fails to comply with any Wa+islm of No aK1 of Truss or any FtkllatAd Docurneos. incud;M but not limited to Grantors f6Xurki to d;Wrarge or pay then due arty amounts Grerelor Is regrr®d to dscl ao ge Of Pay under this Deed of Trust or any Related Documents, Loden an G-~s beihalf may {but shlu not be obuga[Od to) rake any action trial Lander daces appropriate• indudvlg bN not Haired 10 dedwgng Or paying all teem", home, "acuity interest%, mmrnlbFen<o p and Oaten dallns, at any Grim levied of laded on Vie ProFpnat mng, y and paying coots for wouri maim&ring and phaKc n➢ She Properly. All such exp uiraw s inred dr yard by Ldi for Such Purposes will then hear Imevsl at the rate eQrgod under the Note from the ;We Incurred or paid by Larder to the data of repaymoN by Granger All We.% axpmsW will become a pan or the kudeblednesa and, at fenders option, will [A} be Payabe On demand; (S) be added to the balance of the Nola nnd be appdn;Onad among and be payable with any mstaflmont peymenls to bacoma due during either (1) the lean Of any pplill" a insurance policy, or (2) the remaining term of the Note: or (C) be Ireatod as a batOOn Payment which will be dilly and payabe at the Note's maturity. The Deed of Trust also will secure payment of t!'rase amounts- Such fthl sts;.11 the in addition to all What nlgnte and renredFas la winch Lander may be entitled upon Dalaut- WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed DEED OF TRUST Loan No: 201767269-9001 (Continued) Page a of Trust: Title. rk Grantor warrants that: (a) Grantor folds good and maetable lille of record to the Property in fee simple, free and dear of all liens and encumbrances other than Rase set forth in the Real Property description or in any tills Irsluar" policy, biro report, or final title opirdon issued in favor al, and accepted by. Londff in eonnpction with this Deed of Trust, and (b) Grantor has the full right. Hewitt, and aulnority to execute and dekver this Deod of Trust to Lender. Defense of Tana. Sub0c, tb the exception in the paragraph above, Grantor warrants and WWI forever defend the kill to the Property against the lawful daims of aA parsom. to the event any action or proceeding Is cornnrencad that questions GiOnlbrs fnle of the interest or Trustee or sander under Wit DO,-d of Trust. Granter stied defend the action at Grantors expense. Grantor may be the nominal party in sur/r proceeding, but Lender snap be entitled le pwWpale in be pmoibed-rhg and Io be repro -Imes to the proceeding by wunser of Londar's own choice. ord Grantor who dallver, or muss to be delivered, to Lender stroll Insauments as Lender "nay request Irrxn lime to lime to permit such participation. Campfiauea With Laws. Grantor warrants that the Property and Grantors use of the Property complies with all sidsting appficabio laws, ordeLanoes, and regulations of govenmentaf authorities. Survivor of Rvptowtationa and Warranties. All reprearemallans, warranlles. and agraemenls made by Grantor in this Deed of Trust shall survive the axMtrw end delrvnY of INS Deed or Tres, shall be conlntuinp in rsabrro, and Shan remain In full force and etfecl unfit such time as Grarhlbrs indebtedness shop be paid in full. CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust: Proceedings. If any pfoee&E6V in crxxlemwtlon is filed, Grantor shall pom"y notify Lender In writing. and Grano, shalt promptly take such steps as nay be neoassary to defend she a[irdn a -id obtain fhe B+vard. Grantor maybe a nomnal party di such fro counselm9• OF cm a choice u 91 Grantors se+a� . Inthe midd Gera Will ddUIKadr Or reps�tbe in the Proo Lund by caea to be dainvgrad to Lerxlr aeon irasprxnenm and docrArlertiltidn as may be raftuas[ed by i[rdar from time to time to pemit such participation. Appluatlon of Ncf Proceeds. if all or any purl Oft Prop" is [nndam ernd W orrinedomain propeedings or by any ppQ&edahg or Nht� d Ifeu of OxKk nr mkrk, Larder may at its ehiaCtbn require Iha: an or" pardon o1 the net Proceeds of the award be applied to the fndebtedness or the repair or rEsloratlon of me Prop" The nil proceeds al trio award shad rrean the award after peym" of all reeodabld costs, of we"'s. and enaneya' tees Inimmred by Trvstao or Lender in connection with the ciondomrnrOfiOn IMPOMION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORMES. The following provisions relating to governmental taxes, fees and charges are a part of this Deed of Trust: Current Ttxes, Fees and Ch&W. Upon request by Lender, Grantor shag execute such documards In addition to Ihm Deed of Trust and take whatever other action is requested by Lender to perfect and continue Lenders lion on the Real property_ Grantor siWt Wrburee Lender for an tons, as described below, rogolhtt with all axpunW5 Incurred in recording, WOr ing or cmurruing It" Deed of Trust, JrAkK trig without Limitation as taxes. fees, documeNtiry stamps.. and other charges for reeerdlng or fegislenrig this Deed of Trust. Taxes. The lollowing shah consfilule taxes to which this Section applies: (1) a epaGhe fax upon this typo of Dead of Tout or upon all or any pan Of rho Indebtedness secured by the, Deed of Trust: (2) a spoc)Ec lax on Glance which Grantor is aut.honzad or required to deduct from payments on the Indebtedness secured by INS hypo or Deed of Trust: (3) a lax on this typo of Creed of Trust dtar hie, conat the Lenjor ar the holder or the Note: and [4) a spociflc lax on all a arty poNvn of Ire Indebtedness or on payments or prinelpffi and interest trade by Grantor. Subsequent Texas. If any tax to which this section applie7 is orreclad subsequent to the date of this bead of Trust, this event sharp hfiC the Sarre, effect as m E vat of Dorsuit, and Larder may, exardie any or atl of Its avairabre rerredes nor an Event or Default as prevldod below truss Gianhx elew (1) flays the tax Delos it bac o es delinquent, or (2) OOnI st8 lha tax as provided above in the Talon and Liens section and darammi with Lender cash o - a sufficient corporate surety bond or other aegoiy satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security agreement are a part of this Ooed of Trust: Security Agreement This inauu merit sham constitute a Socurtfy P.greemenl to the extent any 0 the praperry ConstiWtos rrxlures, and Lender shall faro Olt of the rights 91 a secured Party under the Untlorm Cammer0at Code as amended from time to time - Security infarest Upon squeal by Larder. Grantor shati lake whatever action is requested by Lender to perfect and continue Lendoev Security Inleresl In the Rants and Parsorial Property- In addition to foeordmg this Deed of Trust in ire reel property records, Lender may, st trey time and without fuller authoftation from Grantor. file executed ceuntorpartsn , copies or reproductions or this Deed of Trust as a fkharicing slaternem Grants shed rairrrMss® fpadar for all a pensas incurred its perfecting or cohlIMMg this seeurtty klletest. Upon default. Gtartor shaA not remove. savor or detach the Personal Prop" from the Property. Uptn clefevil, [YardOf shag assemble any pas c aj property not affixed to the Property in a manner and at a ptap0 raasonaW fxnvenlanl to Grantor and Landw and make it evadable to Lender within nNoo (3) days after receipt or written demand from Lander to the extent pemvlled by applicabaa taw. AdGnlsve. The mai5ng addnessos 01 Granor (debtor} and Lender (secured party) from which Information wncernitg the security interest granted by this Deed of Trust may be obtained (each at required by the Uniform Commercial Code) ere as slated on the first frays or this Dead or Trust - FURTHER ASSURANCES; ATTORNEY -IN -FACT. The following provisions relating to further assurances and alfornoyln.lact Oro a part of this Dead of Trust - further Autrences. At any 1 ma. art} from line to limo. upcxh aagr>e9 Or Lender, CYarROr will malie. e)mhAa and delime. or will cause to be nado. exapfted a deivered. to larder' or W Land&$ der+gsa. and hsfien mqu elSted by Lender. cause to ba. filed. r000eded, reNt9d. a renodXdad. ffi the cme may lee, ar Such Ilmes and In Ouch offices and pilbom as Larder may deem apprepruiew any and all such nXXUPWs, deeds OF trust, sxumy deeds. 600.ney agreerrhente, bnancing 81a[oafhenla. Gdrhiifhl.9Wi0n VAtements. inshlrnxlts Of further assurance, certificates. and othor dodSneffls as may. In the Sore dpirlim of Lerner. be awry a daseabld? in Order try elfauutaEa, cOh"Oate, pef{ect, ON*K ua. Or. preserve (1) Craioes adigatons wow the Note. dtis Deed of Taal, aM the Related PopsrgnlR and (2) cite We and sadirity IABresls created Dy lhis Used of Trust as. first and prior Sara on the pruparOr. what}har nwr owshdd W hereallar axatrrod by Grvnc'• LJrtt055 frdtaMli>d b5' law a Chancier ogees lb 0i0 OwAfwy in wr111rhg. Crarticr shell reimburse Larder, for all oosts and m4x*'sos inosnei in owvwckn whh the matters rderret W in this paragraph. DEED OF TRUST Loan No: 201767269-9001 (Continued) Page 5 Atlo msyan-Fact if Grantor fairs to de any of the INirgs referred min rho PmcOding P>raiiaph, Lander rrey do so for and in eta name of Grantor and at GfmWs expOrue• For such purposes. Grantor hereby Irrevocably appoints tendon as Grantees atrnrney-in-fact for the ill of making, axeeuring. dalivanrtg, fljng, recordlrg, and doing as other things as may be necessary or desirable, In Lender's sole opinion, to atcompkah the mattefs referred to In the precool paragraph. FILL PERFORMANCE. If Grantor paye alf the moot x1rim when due, and Otherwise perimrts all the oblgil wits orpo"d upon Gams under this Deed of TnAm. Lender snort execute ihd deliver to Trlasiea ■ requeal for toll rocutveyance and shah execute and deliver to Grantor suttable statements of mrminatlon at any finarring staroment on file evlderchhg Lorhdoes security interest in rke Rerrts and the Penionat Property. Any raoonrveyan foe shalt be pall by Grantor, if p t,"I"d by apoicable law. The grantee in any recnnvoyanoo may be described as the 'person or persons regally enbtsd rhorem and the reolats in rho reoonvay� or any matters or facts shall be condug!vo proof or the lfathful,esg of any such mortera Or facts. EVENTS OF DEFAULT. Each of the following, at Lerdees option, still constitute an Evert of Default ceder this Deed of Trust: Payment Default. Grantor fails to make any payment when due under the Indebtedness. Olhar Oefaule. Grantor fails to comply with or to perform any other form. obligation, covaruanl or randatan c4niaino in tits Dead of Tmal or in any of the Related Docamgrhls a to Comply with Or 1e perform any term. ort4gatian, oovenant Or condition cdnleinod in any outer agrtyemem between Lender and Grantor. Compllance Defouh. Failure to Comply with any other term, obligation, covenant or eondlton contained in this Used of Trust. the Now of In any of the Ra4ted Documents. Default on Other Psymenta, Failure Of Grantor within the time required by this Deed of Trust to make any payment lot taxes a insurance. or any other payment necessary to prevent filing of or to effect discharge of any lien. Dafauh in Favor of Third Pa OOL Shedd Grantor default under any loan, exlonsseon of credhl, security egmarrsnL purchase or sales agragment, or any o hor agreement. In favor of any olhur creditor or person that may melonwly affect arty a1 Cnamlors property or Granrde5 abkky to repay the lroab[Bdn"g, of Granmr•s ebllrty to Worm Grantor's obNgnio s under mis Deed of Trust or any of [he Related Documents. False statements. Any wafranly, representation or swtamenl made or rurnished to Lender by Grantor or on Grantor's behalf under this Doed of Trusf or the Ralaled moments is false or rnisloadirp In any material respect, either now or at the time made or GenLshad or becomes'alsn m mioethdrhg at any time theteall•!f. Detective Collatersllsatloa This Deed of Trust or any of the Related Documents Ceases to be In full force and effect (including failure of any collateral document to create a valid and perfected security Interest or lien) at any time and for any reason. Death or h eivency. The Oisloialion of Grantors (regardless of whether election to conlinue is made), any member withdraws from the limited MW41y company. or any other lermin etion of Grantees existenoe as egdrhg business of the death OF arty member, the insoh•ency of Grmoir. the appointment of a receiver for any Pan of Graanlors property. any assignment for it,,benBbl a! creditors, any lype of creditor workout, cur the commeneemenl of any proceeding under any banlwptcy or InsdverK.y laws by Or against Grantor. Creditor or Fodolhna Proceedings. Commertcament of foreclosure of fo rallure proceedings. whether by judicial proceeding, sell.help, repossession Or any other method, by any creditor of Grantor or by arty govammedbi agency against my property securing the indebtadrtess- This includes o gamrshmont of any of Grantor's eccourds, inctWirtg deposit aocaunt5, with Lander- However, trills Event of Default shah not apply It there ts a gaud fallh dispute by Grantor as to me validity or reasonableness al the claim which is the bassi; a the creditor or forwilure proceeding and If Grarirdr gives Lortdar wrihen notice of the predlldr or fOrfeltufe proceeding and deposes with Lender monies or o Saaly band for the Mellor or forfeiture proceeding. In an a icum delerrnfnied by Lender, in Its sole crmorallan, as being an sdlilluare rOS" or bond nor the dispute. Breach of Other AyroomenL Any breach by Granla undor fie iemt5 of any other agreemenl between Granter and Larder that is not remedied witltln any grace period provided pherein, Including wilhoul Gmllahon any agreement DDnovrali(J any khdablocineca or other obligation of Grantor to Lender, whether exiol ing now or WOr. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guararhtor of any of the Indebtedness or any G.leranfor dies or became; Incompetent, or revokes or disputes the validity of, or liabll ty under, any Guaranty of the Indebtedness. Adverse Chsnga. A material advc charge occurs; in GrmW5 financial condition, or Larder believes the prospect or confer or perfomm-ce or the indeaedvwss is Impaired. Insecurity. Lender In good feth believes itself Insecure. Right Io Cure. If any delaCtt otter Plan a default kl payment IS curabre afhtl if Grants tan not txon given a noicCa of s breach of the Sammie provision of this Dood of Trust within Ihb preceding [walys (12) months, it may be coved II Grans, aher Lender sands wriflen nake to Grantor domanding areal such default: {t) Cures the defaul within (peen (15) days; or (2) if the Cure regsdres mom Ihon Mleen (15) days, immedialely'nitrate& steps which Lexhthrr deems in Lender's Sete discretion lo be sufdeM 10 cure rho default and Iherealler c min,"aa and compislas all romonablo and nadossary slaps sufficient to produce compliance as soon as Fe;FSOnabty pratllcal- RiGHTS AND REMIMIES ON DEFAULT. Iran E•mmt of Dafeul! ooeurn urdar this Deed of Trust, at arty time thereafter. Tnv mm or Lander may exercise any one or more Of the fotlowIng ghts aril remedies Election of Ramedles- Ekxiion by Lender to pursue any remedy chat! not exclude pursud of any other remedy, and an eledion to make expardkW" Or to lake action to perform an Obligation of Grantor under this Deed of Trust, tiller Granters failure to perform, shelf not aIfni IAndafa firiht 10 dedam a default and exercise ills tenwol53- AcEelonta Indablednem Lender shalt have lee right at its option to declare he. entire Indebtedness Immediately due and peyall including any prepayment penalty which Grantor would be required to pay, Faraclosurs. Mh respect In air or any pan of the Real Property, Iha Tn s[ee shalt thava Ina right to exercise Hs reer sale &W lo foreclose 0 and tou� ht to foreclose by judicial ! reclosur In 91thecase in aewre with and to the lextent by applashall have the bb low. UCC Remedies. With respect to all or any part of the Pascal Properly, Larder shall have all the rights and rahedlas of a secured party under the Uniform Commercial Coda. Collect Rena. Lender shalt have the right, without notice to Grantor to joke possession of and mmaga this ProOrrty and wrect the Rents, including amounts past due and 11APaid. And apply Me not precs6ttl over and above Landers costs, against rho IndeWmncsa. In fuflheranee of this right. Lander may require any Ientint 01 other user of Iha Property to make payments of rent or vsa fees directly to Lender. IF the Rents are collected by DEED OF TRUST Loan No: 201T6T269-9001 (Continued) Page 6 Lender. Inen Grantor Im vocobly aawiales Lender as Granlafa Onornaydn•fect 10 eandorw instruments rocemed in payment the mf In the harm of Grarlloo and 10 neg*gate the same and 00;WrA she ViOceeds. Pa""s by tenanta or odhar users to Lorhdor in response to LMder's demonic shall %&Usty the abligahms for which the Payments are made, wholher or rwl any proper ground% for the demand exisltid- Lender may esarsise its nghls rrger tide wppardgeph either in peson, by aganl, or ThrOugh a receiver. Appalrll R."Alver. Lender shall have the right to ha ti a rocchrOr apporhiad to take pvsaess%on of all or any part of the Property, with die power to ProrOc. and preserve The property. In Operate the Property preceding or Pending ldrealas,ula or Sate. and to collect the Rehis from the Property and apply the proceeds. over and above she cost of the readyership, against the IrWMsedness. The rerarver mey afrr* wilhaut bond If permitted by law. LlndelG right to she appointment of a receiver shall axis' whether Or no! the OPPaonr value at stye Property exceeds The [ndetitcdna5r. by a suMTanllal amount. Cnploymanl Try Lender shag nvi disqualdy a person from serving as a receiver. TeNncy, at Sufferance. if Cw%or rwrrairrs In poBseGsion OI the Properly 9Ree the Property Is sold as priyAded above or Lander o&*rwfse becomes Ontiflad to Ptrasesason of the Property upon de'FaAl of Groniw, Gnarilor slot boom a tenant al Sufferance of Lender or the purchaser of the PAY and Shelf, at Lender's option. 610W (1) pay a reasonable rental for the use of the Properly. or (2) vacate the Properly immedialely, upon she demand Oa• Lender. Other Remedies Trustee OF Lender shall have any other right or remedy provided In this Deed of Trust or the Note or available at law or in equity. Noike of Sate- Lender shad arena GranlOe reasunabl0 police Of The lime and pleasel any put t dale of IN Personal Property or at the ihne altar which any privala Sde Or other Worded dfsposillon of the Personal Property, is to he made- ReatanAb70 notice shall mean nuke given al leas! Ion (T 01 says before the time Of the sale or disposh3on Any sale Of the Perwraal Properly may be made n odnju h"Mon with any Sale of the Red Property. Sale of the Property. To the extent perhhWad by applicable law. Grano hereby waives any and aere il rights so h the Property rhar"ild. In exeros rig its rkghl4 and mm,,dfos. the Trustee or Lender styes be flea to sap al[ or any pan of the Property ugalhar at separately, in one sale of pry Sepdrale sa:-9B. Lender shall be ontitsed 10 hid at any public sale an ail or any p0lik" of the Property. Auonwyi Fees: Exponim. 11 Lender inslilulas any suit or sown to entyca any Of the terms of this Deed of Tfusl. Lender shad be entitled Ia rdoover Suds Bush as the court May adgudge ' as atlorneys. fees at trial and upon arty' apPag. Vylvin r or not cry coat action Is Involved, and !o IN sxiBm not 50*111btted by law, or reaamhatile a pensw Lcrder inou s !hail m Leridef& opinion are ecoesawy at any pine for the pro"Koon Of Its irilerast or the enforterMll OF ids e4ft shad bac*me a Part of The Indabtetlnela payable an demand arld shall bear rfltemt at the Note rate from the dale of the expendilure until repand. Expanses cpvenrd by INS pwapfeylh In etude, without fimilatlon, however subject to any limit& under aMtkable taw, Lendahs Wofnaye Foes and Lender's logo% expenses. whether or nor Ihere Is 6 lawsuit, Irrdudhig attiomeys' foes and expenses nor baricv ley prdCAeduns (incudrg offonls to moony or Vetere my automatic stay of injunction), appeals, and any antiGpalod pest judgmaris collection fArvk=, the cog . SCINOyOW repot, fohadoSOTO . and appraisal fates. �l tll e irMrKe and fear. for theTnl6tee, totheex[ne} ri perrmtt' try ed app!i ble law, Granlor also will pay any court costs. In aisditi to all other scans provtdod by law - Rights of TnrstH, Trustee Shall have ae or The rlghls and dupes of Lender a5 set forth in this section - POWERS AND 09LMTTONS OF TRUSTEE Thd following ProvisiOns MIBIJ n9 Id the powars and *brig shone a Try sloe INruant to Lenders [rrsllactionsj are part of this Deed of Trust: Powars of Trustov. In addition !o an Powys of Trumps arking as a maller of law, Trustee Shalt have The Power to tale the feliewin9 aclions with respect to the Property upon tN wItton reduesr of Lender and Grants- (a) join In preparuq and Fling a map or plat or the Real Properly. Including the dedication at asreetb no Cher rights Olin to she any publto; (bl Kin in granting any easament Or venting any roglrk4on an the Real Property: subar6natlon or other agreoRlBM affecting this Deed of Trust or the into rest of Lender undo, this Dood of Truss. obapIrgRS 10 Notify. two" shall not be Obligated to notillY any Other party OF spending Sala under any Other trust deod or Ilan, or of any actjon of procecdi Q in which Grarior. Lender. or Trustee shag be a party. unless acquired by applioebie taw. df Unless IN action or procaedog Is tro ght by Truuee. Trustee• Tnsslee shag meet ail quatigcebom required for Tnaslee under applicable low. In additlorr to the rights and rim", s set forth above. with respect 10 aft Of any pan of the Property, the Trvsoo SNA have the rrghl to foreclose by notice and sail, and Lender" have the right to faredose by judicial foreriosure. In either case In accordance with and to the cull extent provided by appprablo law. Sucomen Trustee. Lender, at Lender's option, may from 1111116 to time appoint a successor Trtrslae to any Trustee appointed under this DOW of Trust by an instfument uxacuied and arlrrnowedgad by Lender and reOdfded In the office of the ra*order of KING County. Stale Of Waehington. The iastnU nant hall contain, in edditivn W air Other mariers required by state low. the noes of the Drkglml Larder. Tnsslde, and GtgniOr, the bock and Palle Or the Auditors Fpe NumQor where this Owed of Trust IS rcOchlOd. +rod rho name and address of the successor trustee, and The instrument shag be executed and acknowledged by Lander or its suet Pss mI Inttorosf��dsuccessor�the inrstea. without Conveyance of the Property. shall succeed td all the t111e, paw Trustee in dts Deed or Trust and by apoc able law. This pr*oe lure for subsrilution of Trustee styes go mm to the axcIusloo *rail other pr9HsiOrn for substilutfbn. IMMCES. Subject Io "icabie law, and except for notice faoWred or allowed by law to be given in andfhor n=ner, OM agtice required so be given under INS Deed Of Trust. including without Ilml ation any Waite of default and any rwtlae of sale she% be divan in Wnrin9, Brig shall be atleclive when aetuolly dekvvred, when 80tuslly received by hterat:9lmise (uNesa Mherwise required by law), when deposited with a nationally rocoflniZed Ovemi9hl owner, or. It matted, when depOMled In the United Slates mail as fiFel class, codified at regifiLwad map possess prepaid, directed to IN sodresses shown haer d1a b"oving of this Deed of Trust. Alt capas of notices of foreclosure from the hotde, Of any pen whirh ions prictity over this Deed of Tnist ts aedesS lair aotices lea SPI'll to Loxdters 4 Deed of TRH living for shown near the miO Of this Deed of Trust. Any PAY mom. the pvrp*se of the notice Is Id dhanga the parto address- For nakca nagoe to the other panics, npOdlyinp listless. purposes. Gronsot agrees 10 keep Leader informed at as Noes of Grantor's current t09 n Iona a�nlctor.is IPrty and except for nofka ragwred or agowad bc%hMnn y Iaw to be given in aner aar.If notice given by Lender fv any CxAhfor is eacrnad to be ndke given to of Grantors. $TATI]TE OF FRAUAS DISCLOSURE ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN NOTNEY EN EUENO C IjEDITNDi�R R TO F RBEAGTON SFROE LAW, RCING REPAYMENT OF A DEBT ARE ADDITIONAL pRWSlON. THIS DEED OF TRUST DDES N07 SECURE AND 5HALL NOT NE CONSTRUED',S DEED OF TRUST Loan No: 201767269-9001 (Continued) Page 7 SECURING ANY GUARANTY AS THE WORD IS DEFINED HEREIN - MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust: Amenriff hie. This Deed of Trust, logelher With any Related Documents, 0"sLtutes Itxh satire urhderS snding and agmarnenl of the punlee all to the matters sat forth in this Deed of Trust. No allomlen Of Of amendment to Ihls Deed of Trust shoe be effective rniaas given In w6tfng and sWQd by lho party or parties sought to be charged dr bound by the alteration or amendment. Annual Repona. If The Property is used tot purposes other own Orions reydarhee, Grantor shalt furnish to Lender. upon iequeSL a Oertifled 6t0lamsm of net Olt m"ll uncame recehed cum the Property during Gia'loes previous rixat yaw in such form and defad as L.ermkr shall neGulre. 'Net opergling income' strati mesa W cash Mccota from the property lass all, cash experdltures made in cerimiolon wllh the operallon of the Property. Caption Headings. Cnpnon headugs In this Deed of Trust are for convenience purposes only and are not to be Bled to inlaibroi or denim the peovlelon,`a of thls Deed of Trust. Merger. There shall be no merger of the Interest or esla to created by this Do ed of Trust with any other Willa'I of estate bi the Property at any time held by or for the eanotit of Lender in any CaDaclly, without the written consent of Lender Governing Law. This Deed of Trust will be SOv reed by federal law sppfcabla to Lender and, to the oxNrt not preempted by federal law, ills laws of the Slate of Washingmn wilhoul regard to its conflicts of law provisions. This Dsed of Trust has been accagled by Loader in the Sta to of Washington. Choice of Venue. If there Is a lawsuit, Grantor agrees upon Lender's request to submit to the Jurisdiction of the courts of Spokane County, State of Washington. No Wslver by L.ndef- Lender shall not be deemed to have waived any rights under This Deed of Tmsl urdosa such waiver is gkvon in writing and aligned by Lender. No delay, or omiatlon on the part of Lander in exerck" any right shad operate as a waiver of $uCii righl a any Other right. A walvor by Lardw of a pmvis]on of this Deed of Trust shell not prejudic6 of oonslikir e a waiver of Lender's right otherwise to demand strict compliance with that prpvislon or any other pnri sj- xh of this Geed of Trust. No prior waiver by Looter, nor any course Of dealing t etwmm Lander and Grantor, shell conslllule a walvor Of any of Lardors rights of Of arq of Grantors cb1l9aI1Ons an to any Muns baneections. Wfherleaar the cornent Of tardM Is 1egdk6d urvler this Deed Of Tru5t, the granting of ever consent by Larder in any instance shall not conslitule con"ng consent 10 subsequent Instances whare such consent is required and in all On" Such co " l may be gamed or withhold In the Sole discretiOn of Lender. Sevarabltily. If a Court of Gornpeterht iurisdiction finds any fxaN7ion of this Deed of Tntel to be glass!, invalid, or tuherdo+ueabto as to any circumstance. that finding sthatl riot make the, oneridi�lp� SI �.mrodiild- OF fied Sa unonforcoabla as to any Whor prwrtntarhce. If feasiots, the pnerldlng prcM that it becomes ieg:d, vafid and entomeable. If the otending proyton canna[ be so modified. It shNi be conak 5e ed deleted from this Deed of Trust. Unim Oti)ww1se required by law, the dlegafily. InvalMily, or unem%rceablaty of any ptoidslon of this Deed of Trust shall not 040 the legality, valldlty Or erdorceatiIllty of any o8wr provision of this Deed of Trust Sueoessons and Assigns- Subject to any Iimllailons stated fi this Deed of Trust on transfer of Grantors Inlareal. this Dead of Trust shall be bkndrng upon and lnure to the benefit of the partes, their iwcowsors and assigns- If Ownership o1 the Prop" bOOOrms vested In a person other thsn Grantor. Larder, without notice to Graffim. may deal with C34anlors successors with mrarenve to this Deed of Tent and the Indebtednessby way of faFbearranca or lWonslan without releasing Grantor from the obligalicns of trite Dead of Trull or liability under the Inaeblodrnrbs. Time Is of the Essence. Time Is of the essence In the performance of this Deed of Trust. Waiva Jury. Alt pantos to ids Oeod Of Truot hereby waive the right to any My trW In any adBOn PrOrred1#)0. or daurlloralalm brought by any party sga rust any altw pent• Walvar of Homestead Exarnptom Gramaf hereby releases and waives all 60M and benefits of Bull Yhonrhestead a"Frkptiafl [aw6 01 the Slate of Wa5Mrrglon as to at indeGeb'95s secured by III is Deed of Trust. DERNITIONS. The rollowing capitalized words end terms shall nave the following meatu W when used In IhIs Deed of Trust. Unless specifically staled to the Contrary, all rsfarenees to dollar amounts slestf mean amounle in lawful money of the United Slalas of Ame+tca. Words and terms used in the singular shalt include the ptwfW- and the plural shall inawe the Singular, as the context may requ�m Words and terms ash dlhenviee defined In Us Deed of Trust shalt have the mlan"s altrihulQd t0 such terms in the Uniform CanlmecUlll Code Barhalidary. The word 'Sanefleiafy' means Stetinp Savings Bent, dva Ste Flmg Bank• and its successors and assigns. Uorrowar. The word 'Borrower' means NIKLEXI, LLC and Includes all co-signers and co -makers signing the Note and all their successors and assigns. Deed of Trust- The words "Deed of Tfusr mean this Deaf of Trust among Grantor, Lender, and Trustee, and Incilmes without limltation all assignment and security imamBt pfovisions relaling to the Ref'or t property and Rents. Default. The word 'Default' means the Default set forth in this Deed of Trust In the section tilled "Default". Event of Default. The wwds 'Event of Default' mean any of the events of default set forth In this Deed of Trust in the events of default seelWn of this Dead of Trust. Grantor. The word 'Grantor' means NIKLUI, LLC. Guarantor. The word 'Guarantor' means arty guarantor• surety, or accommodation party of any or all of the Indebtedness. Guaranty. The word -Guaranty' means the guarsnnty Prom Guarantor to tender, indudny Without limlutlan a guaranty of all or part of the lJOle. ImprdvmMnle. The weld 'Improvements' ineana all existing and fulucs tmpnovemenla, bundfnga, structures, mabkra here" offlxed on The Rest Property, fddl4145, addltiOns. reptaearrenta and Other Corsstrudion On the Rsal poperty. lndebtailihssa. The word 'IMetdedifess' fnes+m a7 principaf, intino3l, and other anlnnl6, Cdata and expenses payable under The NOWor Related Documents- together with all renawale of, exterkaloas of, modlfic*Wn5 of, aOnsOlid6llarla of and subsWut6m For the Note or RNvled Docurnetits and any amounts expended or advanced by Larder to dischaW Grantors O6lkgaticrhs or erpeftom incurred by Trustas m tender tot enfdrca Granlar8 obligations undo[ tits Dead of Trust, together with interest On such amounts a, pmvlded in this Deed at Trust- SpsciRCalty, wilhoul Lmllanon. Indebtedness includes all omounis that may be indirectly sacurad by the DEED OF TRUST Loan No: 201767269-9001 (Continued) Page 8 Cross-Coiiateraization provision of this Deed of Trust. Lender. The word "Lender' means Sterling Savings Bank dba Sterling Bank, Its successors and assigns. Note. The wdfd'Nola' moans the promissory note daled October 2. 2012. In the Dtijainal principal amount of $1,002"119,99 from Gra,'rtor to Lender, lognrhef with ail rtFWAVls of, "Aansions Of- mod"Ul)+ts or. retmandngs of, consolidalipns of, and wbsu4etrons Mr the promissory nWa or agreemant. NOTICE TO GRANTOR: TKE HATE CONTAINS A VARIABLE INTEREST RATE. pueoral Property, no words -Personal Properly' mesh all oquipfnam, fixtures, and o"r Prudes of personal property now or herea Her owned by Grantor, and now or horeaHor allnohad or affixed to Ulf Rea! Property; together wilh as accesslorw, parts, and addhlons to, 0 m-oacements of, and as subsytut ores for, arty of such Property: and together with aft issues aM prorrls thereon and prooeeds jinelvding without limitation all insurance proceeds and rehtnds of prarNums} Irom "Sale or otha: disposition Of the Property Property. The word 'Property' means collectively the Real Property and the Personal Property, Real Property. The words "Real Property' mean the real property, interests and rights, as further described in this Deed of Trust. Related Oocumentc. Tne wor05 'Ralaled Documenl3- mean all promissory notes, ctedil agrevmontsloan ag:oemenls, securty agraemenls, mortgages. deeds or (rust, seaurlly deers. Coltateral mortgages, and all olner in9uoments. agreemenls and doovrnentp, whemor now w hereaher oxisting, executed in cannecflon wlln I" indebtedness; provided. that guaranlios and environmental indamnily agroomenls are not "Relaled OncumentC end are not secured by this Deed of Trust. Rents. The word 'Rents" means all present and future rents, revenues, Inoome, issues, royalties, profits, and other benefits derived from the Property. Tnratae. Tire word-TrusrB a' meanp UPF Wayangton Incorporated, wh"e mailing address is 910 WEST BOONE AVE, SPOKANE, WA 99201 and any subsiltule or tucce"or ImIlleas GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND GRANTOR AGREES TO ITS TERMS. GRANTOR: NIKI.FJO, N R Hi T N SON, rJ LIMITED LIABILITY COMPANY ACKNOWLEDGMENT STATE OF 1l nlL COUNTY OF ��r'' `�. }� On this .? day d! 20 . before me. the uhderz4nod Notary Stir. persarway appeared flfG61 CURTIS NELSON. )R. atanagar of HIKLE%I, I.I.C. and personally known to me or proved to me on the basis of salisradory evidence ro be a raember or did ogerd of the limited kztb:kty oompany that exacuaed the Deed of Trust and acknowledged the Deed al Trust to be the free and voluntary act and dead of the limited llabiuly CvmpanY, by authority of stalulc. its animas of oWnizarlon or its operating agreemcnh for fhp umfg and purposes Ihmm m ,juned, and on Oath stated th al he or ow Is 3W olized to execute this Deed dt Trust and In fact a led the Deed of Truitt on behalt of the limited liability company �/ D9 Reefdinp at ST]/7 F. Ak Notary Public In and for the State of My carrsrissian mprex0 '6T' /T-- Notary Public State of Washington Brent M Wise Commisaion Expires 0"&15 DEED OF TRUST Loan No: 201767269.9001 (Continued) Page 9 LIMITED LIABILITY COMPANY ACKNOWLEDGMENT STATE of Y las COUNTY OF J+ r: ,4 1 On IhLS day dl 1/ �J 20 bafofe me. the Un6llra gFe Notary ."r perscnany appeared ELIZABETH NELSON, 1larugar of HIKLESU. L s1d person0v known to me or proved to me. on the basis of Satisfactory aodence to be a member or dosiWled agent of the rxnnad IiahiW tdmpany lh at exo;�rfed tree Dwd of Trull and aclalow"Gd the Dead or ThtM to be the tree and "Wntary ad and dead of Ma ipn4W Ile btely company, by sulFWrkty of 5181VId, its adldaa Of orger� ks n or ib ooerating aw"erm i, for the use! and yurpmaa dlera7n meruionad, and on oath 51md thal he Or She is auShodxed Io execute this Deed or Tn151 end in fact exeCulad I Dead of Trust on behaff of the Rmlled tiaDIRY cEmparry. R Residing al S ••� r Notary Public in and for the State of W-I my commission em*w REQUEST FOR FULL RECONVEYANCE TO . Trustee The vrdasplgned is the legal owner and hddar of all 1, aMtednass sKuls l by MIS Deed of Trust. You are hereby requested, upon payment of an sums awing to you, to reow"y wiihoul wavonly, to the persons entitled thereto, ere righl, jibe and lwerast now held by you under the Dead of YruA. Data: Beneficiary: lb: LASER PRO Lerorng, Var. 1210,003 Up, FewUr4 F'slandal Solut101s. Inc 1997. 2102 All Rlghis WA C.1CFM.PL'Y=-FC TR-144201 PR-255 P ryPdbric I WashLsyn l M Wa" i=xAkea 08,05-15 j j ADDENDUM TO DEED OF TRUST This ADDENDUM TO DEED OF TRUST is utlaehod to and by this reference Is made a part of Ihr Deed of Trust, dated October 2, 20t2, and noculad in CORnsction with a loon or other financial 9OpDm malaria its to.een STERLING SAVINGS BANK DBA STERLING SANK and NINLEhn, LLC. ADDITIONAL PROVISIONS: In addition to the covenants and agreements made In the Deed of Trust. Borrower and Lender further covenant and agree as follows: t. Anxincir"f to Davao M Sala - Consord OF Wwdar. In addition, and not by way Of IirallOWn, Ina Due on Sala - COnseni Of LonoOr provision A the Deed of Tntsl shall also prr"a that TruporiCraoW ackiWwlodges that Lander has relied upon 910 pan6pau of Tru sloaGranlor and their experience In awning and operating properties stmaar rd the Properly In connection with Ina closing of the Loan. Acco rdm gly. except with the prior written consent of Lender or as otherwise expessly permilied in No Note, a "Transfer kr peXxmasef sold PVJ, mshntl p -cMt TnzkrA 3areor Trcrrtta.Hrp or parnibirga Transfer of any direct or indlraet mtareat (whether general or hmW pmntfterahlp interest, stock, fimiled IlabUy company interest, trust, or otherwise) in TrustorlCranw. In the event of any Trani (her is not expressly permitted in the Note and is without the prier wtylWn consent 61 tender. LdOder Shall have the absolufa fight at lte option, without priiot dormmW w notice, to declare all or the sacred Obtgagbna Immedialeiy duo and payable, except la the extent prohibited by law. and pursue its rights and ranied,as under this Oead of Trust. TruslorlGranlw agrees 10 pay Orly prepayment tea as oat forth W the NOIe in the event the secured obligations are sacolerdlad pufwanl to the hams of Ibis Section. Cansnnl to one such Transfer shad not be doomod to be a waiver of the right 10 reCulre the consent to future or successive Transfers, 2. Reue PYfng Rights of Lander. " (d as of the ebwe cnbad Persarial propafty Which is of whlch lnerealtel b000rries a 'Fiixture` under appkeFole law, this Dead of TnAA CoroitouCes a furture Fling under the Urlllofm Correne(col Code, ae amended or r000di9ed from time 10 Gmo CUCC . In addton to LdRte'8 r4fls as a 'sooufad party' under the LCC, Lender may, but spat! Rol be obligated to. at awry time without notice and at lrte expense of TruslorlGranlor- (a( give notice to any person of Lender's rights haotader and enforce such rights at law OF In equity: (b) insure. prowel, defend and preserve the persatel Properly or any rf rU or infests of Lender therain; (0) In;peCt the Personal Propoty: and (d) ernddrwe ailed and recelre any right to payment of money owing to TNslwlGrantor under of It" the Personal Property. tf Notwithstanding the above, in no avant shalt Lander be deemed to have accepted any property Diner than cash In sote&dion of any obligation of Truslor*rantor 10 Leedot uriess Lender shall nuke an express written eloclbn of seed remedy u ndsr the UCC of other applicable law. 12 Upon the odcilnervice of a Default hereurder, Than In addlaon 10 art of Lender's rights as a 'secured party' tx'xder the UGC W olherwin at law: (a) Lander may. (T) upon written notice. require TruslorKmanlor to assemble any of ON of Itle Ftman of Prop" and make it available to Lender at a plan drlgnaled by Lender. (e) without pror notice, enter upon the Properly or otter plead whore any of the Personal Property' may be located and lake possession of, collect, see and dtapose of any or all 01 the Personal Properly. and %lore the same at fonliorts acceptabfa 10 Lender at TrustnflGrant Or's expense: Or (hi) Salt• assign and dolity f at any placa at in any Tawfut ntnnrwr all a any part of ire Personal Properly end to and becomo pupeaw at any such saris: and (b) Leaden may, for The account of Tru9lorfGsanfof and at TrustoriGranlo's expense: (I) operate, use. mn8ema, sea Of dispose Of Me P"'Onal Property as Larder deems appropdale for the puspOsa of perlofrning any on as Of Ilia Secured Obagatlons; (iD anion Into any agfeerne nl, Cafnprornise or seldemenl induamg insurance tlaima, which Lender may dam desirable or proper with respect to any of the p0manel properly; and {Ili] endorse and deliver evidences of title W. and receive. enforce end crbeuk by legal OCUon a othorwIn. eat Tndabadr.asa and OOIgWlonr now of tweaher owing to TnfserlGmmor In COnrw-Coon with Of on account at any or all or the popwoor Property. TrustodGmnlor acilutO 7adg" and agrees that a disposition of the Aera+n.Y Property in accordance with Lender's rights and rarradmt as heretofore provided Is a dlspOsltlon thereof in a commercially masonaNe manner and that flea (5) days' prior nolce o1 strfh d**sikm A comrrbaroBTly mawnabre mice. Tfu;lddGfanter further agrees that any sells or Other disposition Of an OF any portion of the Pentenel Propefty may be applied by Lender frsl to the reasonable expenses to cOrutaWan therewith, indudlng reasonable allornoys' toes and disbttrne *Ms, and Then to the payrnenl 01 the sawad ohiigatiorns' 3. Ahm*" ADOOMerf Of RoFee WM UOMI re. The Mignetent of Rents under the Dead 01 Trust COnatilutes 0 prasenl and abaorute assignment, Rol ao assigrAwnt far socurily purposes only, and I~* right to the Leases and Roma iz not cont[rgant upon, and "3? be axorossd wilhout possession of. the Properly. Lwrdor confers upon TruStOdGrantaf a revocable Ilaense t-Licenao'y to odlect and retain the Rents as they baccem duo and PHyble. until The vowterhos d a Default. Upon a Dafawl, the License shall be aul0n%Wlcelly revoked and. To the full extenl permited under opfillcaDle law. Lender may collect and apply the Rents, edhey wllh of wllhdul the appointment of a neoelver as provided haminbetda, pursuant re Ina temts haredf without notice and without taking Ponetsion of the Property.. All Rants thafeafIer caaacted by TrustetrGrar.tor shall be held by TnotorlGranlor as wsloe undoi a [met*uctiv0 trust lot the benefit of Lender. 3.1 TruslvrXG Ior hereby bevOtabty a l wnxas end dkacts the tenants under the LeasBg to rely upon and rnrRpiy wilt. any notice or demand by Lander for She paymelH to Lender of any tenter or other turns Which may 81 any Vma bm=rter due under the Leases, or for the performance of any of the to rants' undetlakings under the Leases. and the tenants s4A have no right or duty 10 rngeino as 10 whether any Default has ndtueay ncamad or is then existing. rn,MorrCr nlof hereby maeves Via faeatts from any kaWky, to TrysppNGrmtcF by reason Of relying upon and oompfying with any such nolce w dernard by Lender Leidor may apply. h ns sale OlsCrollan, any Rents so conocled by Lender aigakxm any saafred obligation or any other oNigalioll Of Tn loriGranfor or any other person or entity, under any downynl on Imitumanl refitted 10 or executed in connect en with the t-can DaCuments. whether existing on the dale hared of haroaaer arising CcAleciion of any Reefs by Leerier snort Rol cue or wahre any Default or notice at DOWN of Invejeate awry a -rs done purguml to such rrotke- S.2 The tofeporng nnnvocable anlgrvnent shoe "Or GYvSO Lender to be (0) a mortgipoo in Paesassion: (b) respartdblo or riobla for the eon", taro. maoepemeRt of reepar of the Property or for performing any at Ina terms. a$reemnetlta, undwtak]ngs, obiigationa, reprosemBllom. wanraniias, aavenanta and oondlGorn Of the Leases: (C) responsible or gable for any waste COrnnlltted On the PropMy txy the tenants undor any of the 4easa4 Or by any color paNea for duty danyeraus or dvleWva r cfttoe of the Property, or for any nogrigonon In the management, rr*"P. repair or control of Ina Property mmlthg In lass or knfuty or death to awry tontpnt, Ipenls@a. onrplOyae. mrltee or Omar person: or (d) responsible for or impose upon Lender any duly to produce rang; w profits.. London stall net directly Or Indkocliy be liable to TrusWrlGranlor of any Other pared" as a eMkaqumw of: 0) the exercise or failure fo axafPsa any of the rights, remedied or Powers granted to Lender hereunder, of fill The fadufe Or refuaai Of Lender to perform on d.adtarge cony obtt38tlon, duty on IiahHity of TnrasonlGreffor arising under tho Lease;. of Reo0v r. TrumdGranter hereby further agree That in IOM of the facts and oeWmstanod That exist ord Be Comp corklJes 8Uondant 10 Vie 0evaWp sort of Cho Poperb• In the event of any Dafautt hweuender, Lender stell here the right to polilion the court, on an ea parse basis, for the appolnimenl of a receiver for Ve Properlyy ffruslorwilhOullGr�A loacknowledgeseq� o Sthat Lerder is orbited 10 Eno sPpo1nLR4(`I caraie al w (b) the sionaa of any coolie with mspoCl for die Property the Y TRUSfORAnkANTOR HEREBY CONSENTS TO THE APPOINWENT OF A WAIVER ON AN EX pARTE BASIS. LENDER #Wy PROtnDE ANY COURT WITH A COPY OF THIS AGREEMENT AS PROOF OF LENDEn AUTHORITY, AND j ADDENDUM TO DEED OF TRUST Loan No: 201767269-9001 (Continued) Page 2 TRUSTORlGRANTOR'S AND GUARANTOR'S CONSENT THERETO. TO OBTAIN A RECEIVER FOR THE PROPERTY. Such rlght shall be exercised. If al all, by Lerldor In Lender sole And abeoiula discretion at any Wo on or after 0te date hereof. S. AS"Advsnpra. in addiden to the other obligations ssLurod by the Dead of Trust, Tr ustadGmMor acknowlsdgos and agrees Mal the obligations secured hereby shall Include payment and performance of all fulure advances and Other obllgaffons ITai the Ihon rococo Owner of aU or part of the Properly may agree to pay endfor parf0rm (whether as principal, surety or guaranloni for the benallt Of Londef, when the obllgatlon is evidonoed by o writing whilch males tnai It Is smKod by;Ns Owd Of Trust- G. Pahwr of Agorr". Trustar/Granlor hereby Irrevocably appoints Leader as TrualOdGrenlars allwneylr fact {such powae of atlomoy being ooupled whn an interest=, effWlvo upon a Default hertlurndor, end as Wch attomaydn•fad. Lender may, w thoul the obllgahon t0 do sR nsn In Lenders fa or in the name of TeustorlGrantor. Meier. execute. hIv arld record frn3n6ng slalernems, cundrxrabon sts WVn% "Pllwdom for relpslt8tion end Eke papers moossory to Create. Wes, or Mesef" any of Landers sacurily interd6t5 and rigNs In Or to any of the Collateral, and upon a Default hereunder. lake any otter salon required of TnZWGranlor, provided. however, that Lender as soar aherney-in-fact "I be acaolmtabin only for such funds as are actually received by Lender. 7• H EAwkaaa Lora Thsna is no "rnastead of other oxarpben available 10 TrustorfGrantor which would malaR811y Inge rfem with She right to 503E no progeny al a trushee's sale or the right to foredlow the Deed 01 TN St- ThO try TTrrusl oodGiramooreana its principto �resid� and T"lorPGranbusirim nttor hem --by -alive chef the right to dda mlthe Property will as nb� pirx:W re;ldance- a. Co rriprprl0. This Addendum to Deed of Tcm AL and all o0we Loan Oowmam5, may be executed In any number OF counterparts, each of which wflon "eculed and de7lrurod shall ba dBeMn d an original AM all of which tak0n lopalhar shah bs doemed t0 be one and she soma document Other than stated herein. the terms and condnbons to be In acted dunng the lerm of me Loan are tl s terms arts gonditione. wllhin no Dyad of Truss 10 whlch this addtrdurn rs alachod. BY SIGNING BELOW. Banower accepts and ogees to the temp, oondtions and oomnrits oord rod in this Addrsrdrn to Deed of Trust. THIS ADDENDUM TO DEED OF TRUST IS EXECUTED ON OCTOBER 2, 2012. 1 GRANTOR: l N0CLE70 LLC Jj ey, E NETS of Nt111F1d, LLC •3. of HIKLEid, LLC .von • � vox ....-r w a..... n.+.,..,.... •.n. ...w �.� .. +nano r. u.ar .nm I I I j EXHIBIT A LEGAL DESCRIPTION: Real property In the County of King, State of Washington, described as fOlIDM: PARCEL A: THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 30 FEET EAST OF THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 4; RUNNING THENCE NORTH 890 45' 51" EAST 234.86 FEET TO THE WEST MARGINAL LINE OF PACIFIC HIGHWAY; THENCE FOLLOWING THE SAID WESTERLY MARGINAL LINE NORTH 10 41' 56" WEST 235.00 FEET, MORE OR LESS, TO THE SOUTHERLY MARGINAL LINE OF NATIONAL PARK HIGHWAY; THENCE FOLLOWING SAID MARGINAL LINE ON A CURVE, 240.00 FEET, MORE OR LESS, TO A POINT 30.00 FEET EAST OF THE WEST SECTION LINE OF SAID SECTION 4; THENCE SOUTH 00 36' 37- EAST, PARALLEL TO SAID SECTION LINE 250.00 FEET, MORE OR LESS, TO THE POINT OF BEGINNING; EXCEPT ANY PORTION THEREOF CONVEYED TO KING COUNTY FOR ROAD BY DEED RECORDED UNDER RECORDING NO.2501551. AND EXCEPT THAT PORTION TAKEN BY THE CITY OF FEDERAL WAY UNDER KING COUNTY SUPERIOR COURT CAUSE NO.06-2-01388-KNT. PARCEL B: THE NORTH 100 FEET, AS MEASURED ON THE WEST LINE OF THE FOLLOWING DESCRIBED TRACT: BEGINNING AT A POINT 30 FEET EAST AND 329.91 FEET NORTH OF THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON; THENCE EAST 241.13 FEET, MORE OR LESS, TO THE WEST LINE OF PACIFIC HIGHWAY; THENCE NORTH ALONG THE WEST LINE OF SAID HIGHWAY 329.57 FEET; THENCE WEST 234.86 FEET TO A POINT 30 FEET EAST OF THE WEST LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 4, THENCE SOUTH 329.91 FEET TO THE POINT OF BEGINNING; THE ABOVE PARCELS A AND B BEING DESCRIBED WHOLLY AND MORE PARTICULARLY AS FOLLOWS: BEGINNING AT A POINT WHICH LIES SOUTH 580 31' 14" EAST 39.00 FEET AND SOUTH 01' 03' 44" WEST 100.00 FEET FROM THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNW, WASHINGTON; J THENCE NORTH 010 03' 44" EAST ALONG THE EAST MARGIN OF 16TH AVENUE SOUTH 361.30 FEET TO THE SOUTHERLY MARGIN OF DASH POINT ROAD AND THE BEGINNING t OF A NON -TANGENT CURVE TO THE LEFT, ALONG SAID MARGIN HAVING A CENTER POINT WHICH BEARS NORTH 390 36' 59" EAST A DISTANCE OF 189.15 FEET; J THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL. ANGLE OF 61° 18' O5" ARC DISTANCE OF 202.37 FEET TO THE WESTERLY MARGIN OF AUBURN-REDONDO ROAD (KING COUNTY ROAD NO, 1359); THENCE SOUTH 280 25' 23" EAST ALONG SAID MARGIN 82.17 FEET TO THE WEST MARGIN OF PACIFIC HIGHWAY SOUTH; J THENCE SOUTH 00" 02' 02" W EST 265.01 FEET TO A POINT WHICH BEARS SOUTH 880 31' 14" EAST FROM THE POINT OF BEGINNING; THENCE NORTH 88' 31' 14" WEST 23&23 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PORTION TAKEN BY THE CITY OF FEDERAL WAY UNDER KING COUNTY SUPERIOR COURT CAUSE NO.06-2-01388-KNT. j j S5`749z I ST AM RETURN ADDRESS: Startling Savings Bank Loan Support PO Box 2131 Spokane, WA 99210 Electronically Recorded 20121009000750 SIMPLIFILE ASNR Page 001 of 007 10/09/2012 11:21 King County, WA 7800 ASSIGNMENT OF RENTS Reference # (if applicable): 291767962-90111 Additional on page _ Grentor(s): 1. NIKLEXI, LLC Grantee(s) 1. Sterling Savings Bank dba Sterling Bank Legal Description: PTN. SEC 04 TWP 21 N RGE 04E, NW QTR SW QTR Additional on page 2 Assessor's Tax Parcel ID#: 042104-9033-09 AND 042104-9157-09 THIS ASSIGNMENT OF RENTS dated October 2, 2012, Is made and executed between NIKLEXI, LLC, A WASHINGTON LIMITED LIABILITY COMPANY (referred to below as "Grantor") and Sterling Savings Bank dba Sterling Bank, whose mailing address Is 111 N Wall St, Spokane, WA 99201 (referred to below as "Lender"). j j ASSIGNMENT OF RENTS Loan No: 201767269.9001 (Continued) Page 2 yy�iGJN[ATz-fa. For valuable Consideration. Grantor hereby assigns, grants a contIm3ing security int rri;sl in, and conveys to Lender all of Grantor's right, title, and Interest In and to the Rents froph the following descrlbed Prope3ry located in KING County, State of Washington' See the exhibit or other description document which Is attached to this Assignment and made a part of this Assignment as If fully set forth herein. The Property or its address is commonly known as 29805 PACIFIC HIGHWAY S, FEDERAL WAY, WA 98003. The Properly tax Identification number is 042104.9033-09 AND 042104-9157-09. CROS"OLLATERALaAT10H. In addition to the Note. this Assignment 18=05 ell abligalian5, debts and 19bilitres. phis iraterest iharaon, of Gramor to Lender. or any asa of morm. o1 them, as well as an daims by Lender asainsl Grantor a any one or more Of them. whether now exkuV at bere8her ariskg, whether related Or unreialed to the purposo of Iha Halp, whether voluntary or otherwise, whether due or not due. dkecl or indnracl, determined or undetermined. 9bWvlu a contingent, liquidated or unilquidaied. whether Grantor may be keNo [ndtvidually or jointly with Others, whether Obligated as guarantor, surely. accommodation party or otherwise, and whdlher recovery upon Such afndunls may to Or befeeRer may became barred by any statute of rimlWklns, and whelh er the Obligation+ la repay such amounl3 may be or here maer mey became otherwise 1)nenforcea ben. THIS ASSIGNMENT IS OMEN TO SECURE (t) PAYMENT OF THE INDF-STEDNM AND (2) PERFORMANCE OF ANY AND ALL OBLIGATIONS OF GRANTOR UNDER THE NOTE, THIS ASSIGNMENT, AND THE RELATED DOCUMENTS. THIS ASSIGNMENT tS ONEN AND ACCEPTED ON THE VOLLOWHIG W"S! PAYMENT AND PERFOWANCE Except as otherwise provided in this Asslghrt"N m any PA40W 0aaurmenl5, Grantor shall pay Is Lender all affxxnts secired by this Asaignmeni as they boconto due, and shag 5111clly perform 0 Of Grantee's obligations under this Assignment. Liam and until Lender exercises Its right to waect the Rends as pmvkW below and an long as thaw is no default under this Asslgnmafll. Grantor may remain in p1755as5iion and conlro[ of and operate and mmlage Shp Property and oagect the Rcals, provided that the granting 01 Ule right to COL11"l the Rank Shed not ponstItule Lenders consent to the v59 Of rash collateral in a bankruptcy proceeding. GRANTORS REPRESENTATIONS AND WARRANTIES. Grantor warrants that: Otrlleraho. Grantor is antltlod to r6ee1ve the Rents free and clear of all rights, loans, liens, encumbrances, and Bairns except as disclosed to and accepted by Lendar in writing. Right to Assign. Grantor has the full right, power and authority to enter into Nis Assignment and to assign and convey the Rents to Lender. No Prior AulgnmenL Grantor has not previously assigned or conveyed the Rents to any other person by any Instrument now In force. No Further Transfer. Grantor will not sell, assign, encumber, or otherwise dispose of any of Grantor's rights In the Rents except as provided in Ibis Asslgnrrlenl. LENDER'S RIGHT TO RECEIVE AND COLLECT RENTS. Lenders shall hove the right at any tlme, and ever lhough no default shall have ocr--v ed Under this As5ignmenl, to coaect arld rarerm Ine Rents. Fa this purpose. Londor is hereby, given and granted the following rights, powers and authority: Nalica IQ Ttnanu. Lender may send notices to any and all tenants of the Property advising them or [his Assignment and directing all Rents to be paid directly to Lender or Lender's agent Enter Mr Properly. Lender may enter upon and take possession of the Property; demand, called and receive from the tenants or Iram any other Persons kalxlu therelar, 41 of the Rents; institute and carry on all lega4 Ploceedmgs necessary fa the protection of the Properly. InoWing such proceedings as may be nlaoess Fy to r000var possession of the Prope ny: collect the Rents and rom04e any to pant of tenants or other persons from Iha Property Maintain the Property. Larder may enter upon the Properly to maifltaln Ibe Property and keep me same to mPair, to pay the costs Ihareof and at au services or a`.I employees, including (heir epuipmenl, and of air continuing conk and expenses of mainialning the Property in propof repair and conriiiian, and also to pay air laze t, assessments and water "Unties, and the promivms on fire and olher insurance effected by Lender on the Property. Compliance with Laws. Lender may da any and 811 In:ngs to exdcule and comply with the laws of the Stale of Washington and also all other laws, rules, otdera. Ordinances and :eguirements of all other govammental agendas affecting the Property. Lease the Property. Lendar may rent or Iva" Ine whole or any part of the Property for such term or terms and on such oondluons as Lander may Beam appeoptiala. Emproy Agents. Loader may engega such agard or agents as Lender may.deom appropriate, either in Lenders namo or In Grantors name, to tent and manage Ine Property, including the collection and application of Rents. Olhm Acts. Londe, may do alp such other Ihinos and acts with respect to the Properly as Lander may deem appmpriare and may act exclusively and solely in the place and s:aad of Grantor and to hays ell Of lrle powers of Grarllot for the purpodae stated above. No RogWnrment to Act. Lender shall not be requlrad to do any of the foregong acts or th"s, and the fact that Lender 5bo have performed One or more of the foregoing acts or things shelf not require Lender to do any other specific act or thing. APPLICATION Of RENTS. All costs and expensas incun'ad by Lender in omrrect'on wlln the WupPny shall be for Granors aomral and Lender may pay such costs and expenses from the Rents. Lender, in its solo 6rniorl, shad delenm;ne the appllpUen of any and all Rem rao0h,0d by n; fwwcvW. any ouch Rams received by Leader wNch are not applied to such wan and oponses short be applied to the Irdchfadnrns. A11 expenditures mete by render wxw tots Assignment sod not reinbvsed from the Routs shelf become a pan of 111e 1ndeMedness a rsd by this AssigrenaM, and shall be Payable an dffwr4, with inlerest et""me rate from dale of expen Nitre until paid FULL PERFORMANCE. If Grantor pays all of the Indobc dness wten due and other-wiso WOmis all rile dtlr'gatacm imposed upon Cxaruox under thus Rssigrvnerf, the Note, and aaa Reiatad Dx-nvnis, Lendar shalt execute and dal[ver 10 Graltor a suaablo satlsfactlon of th1% Asslgnmenl and suifahle -statements of termination of any r1mocing 613(emem on rila ovidancing Lenders security Interest in the Rends and the Propedy. Any larmirlatlon fee required by law shall be pald by Grantor, [f permitted by op94c3ble raw. J ASSIGNMENT OF RENTS Loan No: 201767269-9001 (Continued) Page 3 LENDER'S £%PE DMRM it arty action or prodeedkflp Is corm,encea that would mawerlally affect Lender@ Inured In ma property Or Or if traitor falls to comply wtlh arty provlaim Of ibis As&'glrnem or any Peaed Dpp/fflenL5, lyduduhgde?de not iu+ired to Grantors failure to dns *ww or pay when Ohre aey @nightie Grantor is required to dtadvvW or pay na�n lyds ASSigrarXIA or any Ri!aw Docrrnerds, Londwr on Grantors bah,$ff may (but shall nor be Obligated 10) lake airy aClion Mal I.Ainder dearrts app[ophate, uhcludry bud not limildd to discharging or Paling nd ta— liens, SOG'1rIH Imerasts, ercurnbrance u ukd outer dafnl9, 0 any due le%ded or placed an fha Reran or the Propwty and ROW ar OWS for in inng- mOWalning and preamvmV the Prppary. All such eVanoilii Incurred or paid by Lander for slchcl Pxppges will Wen boar irw are51 at me rate drarged under the Note from the data irmUrnid OF pad by Emden 10 MO date of reyayrrant by Grantor- Alt such =W--isels will booarni a Part or the trh 04mrirgsa and, at Lenders option, will (A) be payable on darnend, Ia1 be @coed to the DDImCe Of the Note and be epporrem6 among and be payal ke with any ImiaDmend payments to become due during either (11 the term of any applicable Ifisuronce poi:Cy, of 12) the raanabung tarn of the Note; of M be treated as a batloOh paymenl which wiu be due and payable 81 tht Nolo'S ena Writ', The Assgnment also will S401" payment Of these amovals- Such 1;ghl "I by In sddrs n to all Omer dghm and rernadies to which Lender may be e1111dad upon Default - DEFAULT. Each of the following, at Lenders option, shall constitute an Even of Default ulcer this Wsoxnem: Payment De4tilt. Grar W fails 10 make any payment when due under tho Indebtedness. Olhrr Qefaulta. Grantor [AEs to comply w{th a 10 perform any other Inns. obligation, covenant Or condition contained In this A"nmenl or In any of the Related Documents of 10 comply with Of to "dorm any term. Obligatien, colfenert Or Condition cnnteimt! in any other afifegrrtehi betweon LarWJ Or and Grattan• Geautt on Other PayrMnts- Failure of Grantor wilhin the lime required by this Assignment to make any payment for Taxas or msurame. or any other payment necessary to prevent filing of w to effect dmschetge Of any lien. Qshautl in Fatter of third ParUrs, Any guaranlor or Grantor deftiolts Vndar any loan, extension of credll, security agraemanL pufeha,$e Or syos agreement of any Omer agrwri In 10vOr of any Odmer o editor of person 'be' may malertaay aflecl any of any guarantors OF Grantors property ar Bbntlly 10 perform lhek tO30000ve a66glytOM under this Ass?gnme fit or arty of the Petaled Doounhonts Enviranmamal Default Faikee of any party to comply with w perform when due any [afm, obligation, covenant or oandilion Contained rn any environmental agreement prowled in conhection with "property. Falco Statements. Any warranty, represents;ion or atalemend node OF furbstmed Ia. Lender by Grantor or on Granters behalf under thig Assignment or the Related Documents is false or rrtlstoadcg in any matenaf respect. "her now or at the time rnada cr (urNsbed Of hecOLnOs fa!50 Or mrSFeadug at any Ilme'hereafter. Qpfacifve Caltalon ltrullon- Thjs Assignment or any of the Rotated Dacumards ceases W be in full force and affect (irrJudmg failure of any collateral document to aaate a valid and perfected Sacurily Inielesl or lien) at any time and Tor any mason. Death of Inealvericy. The dissolution of Grantors Iregamlass of whether election to conlloue Is made), any mamba? withdraws "in the limited liabf8ty Company, ar any other territ" an 01Gmnl0t's 0 snip? any pan[ N business or the death or any mamba?, the inselvilM of Grantor, the eppolnanan Of Grantors property. any as -ding under tamy boWil or creditors. bankrvplCy fx InfONpncy laws by or e981nert Grantwtypo of C140OF workoul. or rtse aomrrmarxenxnt or any pocOeding Cradilor of FOrfetlum Proceedings. Cprmswhalmettl of forecloWg or radekure procendings. whether by )udcfal procoading, see heo, repossession or any other memod, by any creditor dl Grantor Of by any goverrrnentat Dgency against the Rants or any property secunrg the Indebtedness This Includes a g8mishnant or any of Granters accounts, [nckrdYlg deposit aowunls, wlm Lander, However, this Event of DOlauh shall not apply If Inure is a good faith dispute by Grantor as to the validity Or reasdlwtAenase Of the chiim which its the basis a lho creditor or Forfeiture proceeding and IF Grantor gives Lender wriltan notice Of the Creditor mor eilaYmr p L odor. end dol)oskm with Lender onies r" Of a safety bone for the adltor ar fodolture "corsoding, In an am In its 3010 dlsc?eltan, xi hekhg an adequate reserve Or hard for the dispute. Prop" Damags or Lou. Tthe Properly Is last, stdlan, substantially damaged. sold, or borrowed agairill. Ewms Affeohng Cuerantu. Any or the preceding avenl4 00aA5 with respect to any Guarantor of any of the Indebtedness u any Guarantor dies or bmxms incompolont, or revokes of disputed the valwiy df, or Nobility under. any Guar&•lty of the Indebtedness. Advert' Change. A rnatedat adverse change occurs in C%VxorL firmsncs0l cOndilkln, Or Lender be6o%w the proapect of payment or paHornnar" of the 1ndaLlod' m* is hnpetred huewrity, Lender In good faith betlovcs itself insecure. Cure PraviWOOL If Any default. Other khan a defauh In peyrnem is curable and if Grardw has not been given a notice of a dxea6h Of ttia same provision of thlS Asslgrinorx wRhin the pracedi(lg lwetve (12) monm5m , It may be euead if Granter, after Lander sends wrRIGA 0080e to G111i demanding erne OI such dots utl: 11) Cures the default within Nhean (15) days; at 12) If the Cure requires mans than e110e11 (15) days, lnunediel04Y milinles Steps which Lards: deems In Lerhdars sots d�credon to be suffiCianl to cute the default and Ma aanor tonlmuss and damplelef all reasdnaWe and n@rsasary steps ihrfhPalld to produce ddrapinarKO a5 soon 25 reasonably Drac4C8I, RIGWS AND RE3h 01E5 ON DEFAULT. Upon the oocumrlao of any Event of DOfauh and at any lima [here allar, Lerch may axerdsa any one of more of the following rights and normal es, in addition to any Omer rights Of rernedde5 PrOvldad by low: Aecq*ate Indebtedness. Lender shall have the right at its oplan wilhoul notice to Granlor to declare the entire [ndaelodness immediately due and payable. Indudmg any prepayment penalty that Grantor would be required to pay- Coaecl Rine. Lender shop have the del, wllhout nedce 10 GlOnlpr, to lake possession at me Property and wislet the Rents, inUudrng amooms past due and unpaid, ahW apply the net procaad, over dh0 aNNO Landers coats, agemnyl the fndoblodnest. In furtherance Of this Hghl, Lender sheb hem dl fro rights provided for in ma Landers Right to Roceiwe and Collect Pants Section, abuva. IF the Rants are colr"W by Lander, then GironlOf hravoca Ny designates Lender as Grantor's ell0rney-I44acl to e(ldetse in tru mIs gcaMed In payment thereof in ilia name of Grantor and to rwitoli-nle the same and collect the proceed,$• Payments by lanams or Omar oUrS to Larder In response to Lenders demand sham @oats[)- the Obllpeliom for whlth the payments are made, whether or not any proper grounds for the demand exmied. Lender may ehterclsa Its rights under this suhpanegraph either in parson, by agent, or through a mcciva?- Appatnl Recal", Larder shot have lha right to have a roCeimr appointed tot take possession of ell Or any pan of Me Property. with the power 10 ptNW and preserve the property. � f ct Ae the Property ot preloednd ve or pO O oB foroclasure Or sale, and to collect lie Rants from the Property and ASSIGNMENT OF RENTS Loan No: 201767269-9001 (Continued) Page 4 the recehgrship, against the rndecledness. The rM.erver may six" wflhObt banal if pormlrfad by law- L.anndela Tight lv the appointment at a receiver shall pull whether K not the apparmt value of the PfopodY exceeds the Indebletlness by a sutssantor amount. ErnProyment by LmdK shall nor disgvaiiry a person From semAg as a receiver. Other Rerrrdles. Lender shall have all other rights and remedies provided in this Assignment or The Note or by law. Fleetion of Romedles. Election by Lender to pursue any remedy slier! not exclude pursuit of any other remedy, and an erection to stake expenditures or to lake aclion to perform an oWigabon Of Granlor under this A541gnmant efrar Grantors foilure to perform. shall not affect Lenders Fight to dbclare a O@FauII and exercise its remade!• Attorneys' Foas; Cirpensm. If Lero r ins[ituts:, any suit or action to enloroe ary of the learns Or this AssOn ne.M, Lender ahaFl be ere.Frled Io repo" such sun as the roue may adjudge reasonable as anorrieyS fees e1 trial and upom Snip appeal. "Webster or not any cam argon is irrroh@d, and to the exlanno t t pror:aled W law, all neosorrebe ehrparses Lander wicurs that In Lerdaes opkAm are tnecetsary al tiny time for the protection or 115 Interest a Me enkxcerrhent of its rights shall become a part of the lWebtadness peyabi i On demand and shall bear Intemsf at the NOLe rave Nona lhy date dt the expardlture umil reperd. Expmr,," Covered by this pwageph Tndude. withmn 11mildil n. however subject to any limbs under apptiCabte law, Lenders air mYt fees and Lender's IBgdl expen . whathar Or not there is a lawsurt, Indndkrg altomeys' feet mild exparrsas for banluuGcy pnviceedirM}s (indvdng ■dons to modity or vacate my automalk: stay or irnlrurKtlon), oppaaks, and any anllcjpalod peat-ju0gmenl correction servkiI ohs coat or s6aff*ng reeoTds, otaeiniFF9 [ilia reports (1r>Ctuding forectaa"re reports}. snore ,e l reports, rfrd appfa:Sal reeS, title in5urenCe. and leas for the Thavroo. to he eAent pemtilted by ow aw Cramer also will pay arty Curt costs, in addition to mitt cril s0if11 pnx{ded by law. R ORAL COMMITMENTS TO LOAN MONEY. Y, EXTEND CREOF FRAVDS DIT OR TO FORBEAR OSUREL ORAL FROM ENFORCING R PAYMFNT OF A DEBT ARE NOT ENFORCEABLE IJND90 WASHINGTON STATE LAW. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Assignment Amondmahts. This Assignment, toaelher with any Related GOCuments. conslltuteS Ins enure Understendrng and agreement of the genies as to Ne manors set Forth in This Assignment. No allaretion of or amendmom to laic Assignment shall be atfeCtive ur11e55 given In writing and signed by the pally or parties Sought to ba chargod or bound by ere alteration or am"mont- Caption slaadingti Capfion hsadtrngs in this Assignment are for convenience purposes only and are not to be used To inr(Ilprel Or do" the provislms of this Assignment. Gemming Law, Tldi Asargrimsot will be governed by follonl taw appo"bre to Lorhdar and, to the el[tent not This proomplod hestIn-, the Lawl or Um State 01 Wa6hgon without been tic copied by Laadar In the State OftWashlnalon regard to its n anfkkia of limo previsions. Choke or Yon uo. if there is a lawsuit. Grarnlof aytres upon I.Arndars request to s0ml to the jucisdclion Of the courts of Spoken County, State or Washington. Nefgor. There snrzr be no mergar of the interest or estate clealed by this assgmnant with any other inlarew or estate in he Properly at any pme held by or For the beheld of LaMar in any capacity. without The written comsent of Lender. lnterpretatton. f ) In aR cases where Amore is more than One Sonower or Grantor, than air words used rn this Assignment in the srrg.rlar etLla be deemed to have been used in the plural where the Context and CanskutUon 5a require. 12] Ii more Than one P++` s-rjns Ili 15 ASeignrwnl aF 'Grantor; the obrgaifons Of aadl Cyanlor are jblrlr and u hwal- This means that If Londer brings a lawsulr. Lender nosy sue any ore Or nitro of Itw Grantors. If Bomm"r and Grantor are Rol the lame person, Leander rr9od not sue Borrower fray t, and that Somae'er noeo not be joined In any lawsull. {31 The names given to pd'agraph5 or sections in this Asslgralhlenl are fa Convanicnce purposes only. They all not to be used to Inttxpret Or de5m the provisiom of lass Psslgnrnenr. No Walvsr by Lender. Lender shall not be deemed to have wetved any nghls under this Assignment unless such waiver is given In writing and Signed by Lender. No delay of omission on the pert of Lendar In exercising any right shall operate as a waiver of such right or any other right. A waiver by Lander of a provision of this Assignment $no not proudca or c: slrlute a waiver of Lf9rlde1•5 right ovhenfl5e Sd demand strict wmpforKV with that provision or arq other provision or nhls Assignment- No prior warver by Lendar. nor any course of dealing between Lender and Granor, shad conslilulo a wahrar of any of Lordods rights Of 01 any of Grantors obligations as to any Future traesaciions_ 1A4he^aver the a Fffrt Of Lender is ferfuVad under this Assignment the granting of such Cprt•..eN by Lender In any inatnnW Shalt not COnSlitute ednlinVing COMAN to bubtW*Ant illsrar"S where =Ch cotsafrt Is rerlurred and in all Cases such carsem may be granted or vdimetd its the sole dot atlorh of Lender• Notice,,. Subject to applicable law, and except for no7noe required OF allowed by law to be given In another manner, any notice required to be gtven under this Assignment sihO be given in wndng. and shag be effective when aClually delivered, when araualty received by toctscSimhle [unaess etherw'Ise nioned by law], when depwiled with a nationally r+cogni3ed ovemighl eouNet, Of. it mailed, when deposited In the Unifed Slates magmor a first class, dertMed or registered marl postage PmOd, dir*000 la the addresses shown hoar the beglrnrhnp Assignment. Any Pony may chango its address For mtkas under this Assignment by giving F0mio$ written rciko W the other parties. gpeoifying thal Ihb P1Mpllne of The notice is IQ change the Orly S 8QdM3• For notlea purydae5. Grantor a$rom IO keep "Few talomned al as times of Grangers currant address- Sub]!LF IQ appkCabla low, and except for nmrica raqulrad a aeawed by law to be given on another mannK. it mere IS nine Ihdn one Grantor, any nnodce given by Lander IQ any Grantor is deemed to be n ocka. given to as Grantors Powam of Attorney. The vanovs agencies and powers of attorney conveyed on Lender under this Assignmonl are granted for purposes of SeCLFfly and may not be revoked by Grantor until such toe as the same are renbunmii by Lender Sevarabalty. If a court of Comp.9ient luriS.d,,,Orn urds any provision of this AWADnMem IQ be Illegal. «valid. Or rlrefdomeabie as to any circun'Gtance. that Finding shah not make the dffendtrg prommon Ill", invalid, or rrnaM.orooahfo cis to .any other 0=17152ar00e. If feambie, the offending pryNetort shall be oomidered modified sot trial it Ceoonnes regal. valid and enforceab l*_ If the offarding provision canna be so modJG0dr, $1 be conskkvod deleted fnsm this Assignment- unless othenAse requlnsd by sew. lha fawinssgabty, y. OF unanforc4abllity Of any provision or isms As`, grnmant shaft not affect the legality. validity or enrmcoabelty, or arry other proNsim of thin Asgfgnment- Succenen and Assigns. Subject to any 4111I 1005 stated In Nls Assignment on Iransref a GranlOes lnrore st, Ihin ASskFr t shall be bindnng upon and Inane to dire benoll 01 the parties. their %CoessarS and as'119M it ownership of the Properly becomes vestod in a person other than Grantor, Lender. without notice to Grantor, may ON1 with Cr Ices suoce"sons wllh relarence to slue Assignment and the Indebiadne55 by way Of torbeardMP of ASSIGNMENT OF RENTS Loan No: 201767269-9001 (Continued) Page 5 extension without releasing Grantor from the obligations of this Assignment or liability under the Indebtedness Time Is of the Essence. Time is of the essence in the performance of this Assignment. War" .fury. Ail pardo-s fo 11,45 Assignment hereby wales the night to any pry brlel In any action, proceeding, or counteeclaire bmu ihl by any party Against any Oder Party. Waiver of HomeslNd Examptlon, Grantor hereby ruioa and waives an dghts and benafds of the homesEw exampLon law, of the State of Wasltifnglort as to all Irldebledne55 .eGued by this Assignment. WaWer of Right of Redamption. NOTWIT?1S7AN0ING ANY OF THE PROVISIONS TO THE CONTRARY CONTAINED W THIS ASSIGNMENT. GRANTOR HEREBY WAIVES ANY AND ALL RIGHTS OF REDEMPTION FROM SALE UNDER ANY ORDER OR JUDGMENT OF FORECLOSURE ON GRAQTOR'S BEHALF AND ON BEHALF OF EACH AND EVERY PERSON, EXCEPT JUDGMENT CREDITORS OF GRANTOR, ACQUIRING ANY INTEREST IN OR TITLE To THE PROPERTY SUBSEQUENT TO THE DATE OF THIS ASSRGN1dENT. DEFINITION$. The foliowing caglakxed words and terms shag harm line following meanings wlrsn used in this Asstgrunont Unless 3pecificagy 51atad to the contfsry, ell references to doter amounts ahatl roan amounts In lawful money of the Unnned States of America. WDfda and (arms used in the Ein9vlar shag include She plural, and live plural Sttan include the singular, as the context may require. Word. and teams not otherwise deaned in this A"Iriornanl shall have Ina meanings aivlbutod Io such lame In the Uniform Command Code; Assgnment. The woad 'Assgnmonr means this ASSIGNMENT OF RENTS, as this ASSIGNMENT OF RENTS may be ane+dnd or mod gad from lime to time, together with all exhibits and schedules allachod to MK ASSIGNMENT OF RENTS from tlrns to time. Borrower. The word 'Borrower' means NIKLEXI, LLC. 1 Defautt. The word'Defaua' means the Default set forth In this Assignment In the section litled 'Default" Event of Default. The words 'Event of Default' mean any of the events of default set forth in this Assignment In the default section of this Assignment. Grantor. The word 'Grantor' means NIKLEXI, LLC. Guarantor. The word 'Guarantor' means any guarantor, surely, or accommodation party of any or all of the Indebtedness. - GuareiRy, The word 'Guaranty' means Me guaranty from Gvaran[or to Lender, incruding wMhoul Emitatlon a guamly of all or part or the Note. Indebtedness, The word 'IndeOledhM55' maan6 all principal, lntereal, and ocher amounts. Casts and expenses payabie under the Note or Related DaCufmnis, together with as nnawats Of, exlMS[ons of. madlfiCatiwe a1. conw5dataos of and substitutions For the Noio or Rela[ad Decum"ls and any emdunts emended or advanced by Lender to discharge Grantors obllgallons Of expanses incurred by Lender to erdprte Granlors oblgalions under _ thls Assignment, logellm with Interest on such amounts as provided In finis Assignment. SPOci tONy. wthout limllation, rndabtednass Includes an amounts that may be Indirectly sarcorod by ins cross-COIIWWBi canon promtien of this Assignment Ler,". The word-Londai maas,, Slerling Savinot B2nh dba Slerhrsp Bank, 116 SUCCeWF5 and assign5 Note. The word TI OIa' means the promissory noie dated October 2, 21) 12, In t'the origl Mal p►i nci Pal amount of $1,002,119.98 from GrarAor to Lender. Iegetimr with all renawala Of, extensions of, modlficallons of. rerman ,fVs of, consoildatkant of, and substilutlorcs for the pf0Mi$S0ry nbte or agroirment, Property. The word •Pao➢Any- means all of Grantors right, title and interest In and to all the Property as described In the'A5s lgn mane section of this Assignment. Reialad Dawmants. The words 'Related DDCumonLs' mean all promissory noles, credit agreements, ban a¢neemenU, anVlfMmvnlBt agreements, gaimntlea, security agrvenSynta, mortgage5, deeds of trust. Security dads, wltalarel mortgages. and as wirer inaVuments, agreanmrrls ant documents, whether now Or hereafter oxims", exostAnd in commilon with the Irdeolednass. Rents. The word 'Rents' moans all of Grantors present are Mum rights, 1111e and interest in, IA and under any and all present and Future ;cocas, including, without RmnAlian, all rents, revenue, Income, issues, rdyaltlM benu5ee. oczounts racelv&W. Cash or security deposks, advance t"tail5, profits antl proceeds from the Property, and other payments and benefile dariyed or to be derived from such lances of every RIM and nature, whether due sow or toter, lncuding wlnhOW I,m nallon Grantors right to enlores such reasa5 and Id receive and cogecl payment and proceeds thereunder. THE BNDERSIGNED ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS ASSIGNMENT, AND NOT PERSONALLY BUT AS AN AOTS[OR128D SIGNER. HAS CAUSED THIS ASSIGNMENT TO M SIGNED AND EXECUTED ON BEHALF OF GRANTOR ON OCTOB€R 2, 2012- GRANTOR: i J J ASSIGNMENT OF RENTS Loan No: 201767269-9001 (Continued) Page 6 LIMITED LIABILITY COMPANY ACKNOWLEDGMENT STATE OF )SS COUNTY OF > /''j m IDA this day of 2'o jbefore a. the undersigned Notary pubhr„ personally appoared EUCENE CURTIS NELSON, JR, Manager of N at, LLC, and Per5an1r0y kROwn 10 me Or Prov&d io ma on the bast of cali,factory avIdecce to be a member Of 60,5Welod OWI 01 the Amlted IleWty owMp V Thal exdculed the ASSIGWENT OF RENTS and acknowtadged the Assgnmenl to be the two " Voluntary act and deed of Iha ImIled Iiablllty COmPany. by auihdrity. Of Statiji , !ls arlldeS Of arganiialga Of its 0peraling ,(fnaemdnl, for iha uaaa and Purposes Ihmaln meNSOned, and on oath slated the SIC as She is authMlrod 10 exrcula Sots As ng nrnerrl in tael e%aCVled the Assignment on b0W Of Mia Ixrt11a0 "b"ily company. by Raalrrirg al sAef Notary Public in and far the State of / MY aermNsbn expires LIMITED LIABILITY COMPANY ACKNOWLEDGMENT STATE OF LZIa I Q r )SS COUNTY OF tyr-- ,{J�,, ) On this ❑ day of � „( before me. the undaaslgned Notary Public, panwrrany appeared E NELSON. Manager o! HINLE#!, 4 parsonaity known to me or proved 10 me On the basis of aatlBlaetory, sAdenne to be a member or designated aganl of the Irryled IlabAity Conrtpany that exaculsd the PSSIGNMENT OF RENTS and acknowledged I" Assignment 10 oe the free and volunlary eel and deed Or in* tlmlted Mability oOmPany, by autholity Or atetulo, Its arlld►G of organirallon Or Its opefaiing agreornenl, for Me uses and purpose, Ihcnein menibnad. and on oath Stated that he or she is authorized to executo thin Assignment and in Fecl e d the Ig nment on behalf Of the Wiled Ilebtltty cum Peny- ay /Jlr%� Realdl g at Notary Puhlk in and For the S1ete of&& My wmrmasfon axP:ras r �� LASER P Ltr4ng. Ver- 1 .003W Ffadarrd nlar pat Sotuwn5. Inc. 1 , 2012. It "hts Rese-od. WA C:HN-PL1G14.FC TR-144201 PR-255 Notary PuNc Slate of Wa6hmgOn Notary PUblle Eranl M Wrse State of Washington Commission Expi,Qs 0"5-I5 erom M Wise Comm"On Expires OS-W15 EXHIBIT A LEGAL DESCRIPTION: Real property In the County of King, State of Washington, described as follows: PARCEL A: THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 30 FEET EAST OF THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 4; RUNNING THENCE NORTH 890 45' 51" EAST 234.86 FEET TO THE WEST MARGINAL LINE OF PACIFIC HIGHWAY; THENCE FOLLOWING THE SAID WESTERLY MARGINAL LINE NORTH 10 41' 56" WEST 235.00 FEET, MORE OR LESS, TO THE SOUTHERLY MARGINAL LINE OF NATIONAL PARK HIGHWAY; THENCE FOLLOWING SAID MARGINAL LINE ON A CURVE, 240.00 FEET, MORE OR LESS, TO A POINT 30.00 FEET EAST OF THE WEST SECTION LINE OF SAID SECTION 4; THENCE SOUTH 00 36' 37" EAST, PARALLEL TO SAID SECTION LINE 250.00 FEET, MORE OR LESS, TO THE POINT OF BEGINNING; EXCEPT ANY PORTION THEREOF CONVEYED TO KING COUNTY FOR ROAD BY DEED RECORDED UNDER RECORDING NO.2501551. AND EXCEPT THAT PORTION TAKEN BY THE CITY OF FEDERAL WAY UNDER KING COUNTY SUPERIOR COURT CAUSE NO.06-2-01388-KNT. PARCEL B: THE NORTH 100 FEET, AS MEASURED ON THE WEST LINE OF THE FOLLOWING DESCRIBED TRACT: BEGINNING AT A POINT 30 FEET EAST AND 329.91 FEET NORTH OF THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON; THENCE EAST 241.13 FEET, MORE OR LESS, TO THE WEST LINE OF PACIFIC HIGHWAY; THENCE NORTH ALONG THE WEST LINE OF SAID HIGHWAY 329.37 FEET; THENCE WEST 234.86 FEET TO A POINT 30 FEET EAST OF THE WEST LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 4; THENCE SOUTH 329.91 FEET TO THE POINT OF BEGINNING; THE ABOVE PARCELS A AND B BEING DESCRIBED WHOLLY AND MORE PARTICULARLY AS FOLLOWS: BEGINNING AT A POINT WHICH LIES SOUTH 580 31' 14" EAST 39.00 FEET AND SOUTH 010 03' 44" WEST 100.00 FEET FROM THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON; THENCE NORTH 030 03' 44" EAST ALONG THE EAST MARGIN OF 16TH AVENUE SOUTH 361.30 FEET TO THE SOUTHERLY MARGIN OF DASH POINT ROAD AND THE BEGINNING OF A NON -TANGENT CURVE TO THE LEFT, ALONG SAID MARGIN HAVING A CENTER POINT WHICH BEARS NORTH 390 36' 59" EAST A DISTANCE OF 189.15 FEET; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 610 18' OS" ARC DISTANCE OF 202.37 FEET TO THE WESTERLY MARGIN OF AUBURN-REDONDO ROAD (KING COUNTY ROAD NO. 1359); THENCE SOUTH 280 25' 23" EAST ALONG SAID MARGIN 82.17 FEET TO THE WEST MARGIN OF PACIFIC HIGHWAY SOUTH; THENCE SOUTH 000 02' 02" WEST 265.01 FEET TO A POINT WHICH BEARS SOUTH 880 31' 14" EAST FROM THE POINT OF BEGINNING; THENCE NORTH 880 31' 14" WEST 236.23 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PORTION TAKEN BY THE CITY OF FEDERAL WAY UNDER KING COUNTY SUPERIOR COURT CAUSE NO.06-2-01388-KNT.