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City of Yelm Community Development Department P.O. Box 479 Yelm, WA 98597 (360) 458-3835 (360) 458-3144 FAX Memorandum To: Virgil & Darlene Baker From: Tami Merriman, Assistant Planner Date: February 6, 2004 Re: Boundary Line Adjustment Documents Dear Mr. & Mrs. Baker: The City has received the recorded Boundary Line Adjustment for the Virgil Baker property. Recording fees in the amount of $89.00 will need to be paid to the City of Yelm. If you have any questions, please give me a call. I can be reached at 360-458-8496. Sincerely, Tami Merriman R:\Project Files\BLA Boundary Line Adjustment\8343 Baker\return memo.doc 1 - - ~~ ~ ~, ~ Ci' ~ t x 1 d w r Z x # H v 1 a- m m z ~ t o t Q H t a i H I w ~ z.r I w i x i ° `fl f z ~ ~ ~ ~ z cn 4 H Q z, ~ z ~ aw ~ w ~ ax z.r ' ~, w U tD U E i ~ ~ m ~ H ~ ~ lV~" ~ f ~ ~ ~ t1i E Q I a a I o A 1 w ' i w. . ~ . f z , H A I- ~ z x ~ ~ w f ~ iw x a rn~o H ~ ~ Q ~ a -` ~. ~mdm W O IY./Lt1 ~~ ° ~ ~~ m * o wx~~ . iV r ~ t w w~c wm~~ !_ i i~ ~¢~e ~ P az ~ H W~ - (~ P I~~o- c ~ ~amx i ,: ~,, H~C~Wtn ' O ~ ~ ~+ d+ r1 Q r-I PI~d ~: W I.~ H z w x H x 5 h ca W z H a a A z x O W eturn Address ity of Yelm ami Merriman 0 Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Boundary Line Adjustment Map; BLA-03-8343-YL 2. 3. Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Baker, Virgil & Darlene 2. Soeteber, Barbara 3. Hobart, Delynn Barbara Grantee(s) (Last name, first name, middle initial) 1. The Public 2. Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) Portion of SW1/4, NW'/a Section 24, Twn 17N, R 1E Assessor's Property Tax Parcel/Account Number: 21724230200 and 21724230600 3614712 IIIIIIIIIII 02102./2004 09?43R VIII III II iilllillll IIIIIiilll illlllllii III CITY OF YELM SLAM $66.00 Thurston Co. Wa. r 14 13 BOUNDARY LINE ADJUSTMENT C~~~ ~J`1J? y1-- 2324 BOUNDARY LINE ADJUSTMENT MAP PORTION OF: SW1/4, NW1/4, SEC.24, T17N, R1E, W.M. PARCEL N0. DANIEL & JEANNE D SE 21724230105 HUFFMASTER ERR VALLEY ROA N LINE B DEDICATION DEEDS: SOVZ31035g6 ~- DF ~ NELY ', 812828 & 812829. gWD ~DDO WELL HOD ~ 92.8 PARCEL A QPPZ Z~o~~P / /PARCEL N0. PARCEL N0. 2ti 0P Zp0 ,Lp' 21724230900 21724230200 P 6 p~pP G~ 0 ~ p~6 MARK SOETEBER ~. BARBARA SOETEBER ~ ° ~P , o0 GO ~ .~°~ QCD 8305200099 1 c v ~ ~ PARCEL N0. z° - 21724230700 PARCEL N0. W m m 21724230800 ~ W ERNEST BUNNELL p~ rn DIANNE BUNNELL U NE1P ~" QCD 1028560 LINE QCD 3002265 ~ 40 - - - - ~ PARCEL N0. 20' • o° 21724230600 PARCEL N0. ~ I 21724230601 0 m VIRGIL G DARLENE ~ I BAKER VIRGIL & DARLENE A PORTION OF - - - --- SWD 815045 ,~ r~ ~, ~-` ! ~a ":. ~.,~ ~ ~ ~ N W E S City ~~ ~ ; . 40 POORTION rWELL BAKER LIVING TRUST , GRAPHIC SCALE: 1 "=200 ' ~~ CONTRACT QCD 3217194 ~~ 867804 0 200 400 23 24 GARAGE PARCEL B -~,- -~ 24 19 SURVEYOR'S NOTES: THE HOUSE, GARAGE AND PARCEL LINES WERE TRACED FROM AN IMAGE RECEIVED FROM THE THURSTON COUNTY GEODATA WEBSITE AND ARE APPROXIMATE. THIS MAP DOES NOT PROPORT TO SHOW ANY FENCES AND/OR OTHER SIGNS OF OCCUPATION OR POSSESSION, NOR ALL EASEMENTS, RESTRICTIONS AND RESERVATIONS WHICH MAY AFFECT THIS PARCEL. Geomatics Land Surveying VICINITY MAP P.O. Box 2550 N.T.S. Tp Yelm, Washington OLYMPIA y 98597-2550 F~,y CULLENS q` RD F ~s9 SITE BERRY VALLEY RD S1~J THIS IS AN UNSURVEYED TO BOUNDARY LINE ADJUSTMENT YELM CERTIFICATION OF CONFORMANCE I HEREBY CERTIFY THAT THIS BOUNDARY LINE ADJUSTMENT CONFORMS WITH THE REQUIREMENTS OF THE PLATTING AND SUBDIVISION ORDINANCE AS THE ADJUSTMENT DOES NOT CREATE ANY NEW LOTS CONTAINING INSUFFICIENT LOT AREA AND DIM S TO MEET THE MINIMUM REQUIREMENTS Vi.IBfi't~ ND AREA FOR BUILDING SITES. DEPARTMENT ~ DATE Z MAY 29, 2003 o RAC~Y q ~. ~i<~/ _ ~ ti x 35972 ,p'w lp~~GISTEg~54~ 4'AL LAND EXPIRES: 11-03-03 FOR AUDITOR'S USE ONLY IIIIIIIIIII~IIII Page:722of 2 I IIII IIII IIIIIIII 02102 f 2004 09 VIII III VIII IIII it 43R II CITY OF YELM BLAM $66.00 Thurston Co. Wa. eturn Address ity of Yelm ami Merriman 0 Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Declaration of Boundary Line Adjustment BLA-03-8343-YL 2. 3. Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Baker, Virgil & Darlene 2. Soeteber, Barbara 3. Hobart, Delynn Barbara Grantee(s) (Last name, first name, middle initial) 1. The Public 2. Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) Portion of SW1/4, NW 1/4 Section 24, Twn 17N, R 1E Assessor's Property Tax Parcel/Account Number: 21724230200 and 21724230600 IN~III~IIIINIIIIIII~NINIIIINhIIIINIIIININI o°-`~;`.a •.,, DECLARATION OF BOUNDARY LINE ADJUSTMENT AND COVENANTS KNOW ALL MEN BY THESE PRESENTS: That we the undersigned having a real interest in the tract of land described by the declaration; and do hereby declare the herein described adjustment of land certified as Boundary Line Adjustment Number ~g.3_y3~ `I ~- , on the ,~~~- day of ~ rah , 20~, by the Planning Department, subject to the following covenants and conditions: That all subsequent deeds will contain provisions for private roads in the manner described herein. 2. That all maintenance of any private road described by this declaration shall be by the owners of the parcels having legal access therefrom or their heirs, assigns, or successors, unless and until such roads are improved to the subdivision standards and dedicated to and accepted by the appropriate governmental jurisdiction. 3. That any private road will be subject to the further right of the grantor or his successor and of any telephone, electric, gas, water, or sewer company, public or private, to lay or cause to be laid and the right of ingress or egress for the purpose of maintaining telephone, electric, gas, water or sewer pipes, mains, or conduits across a described portion of such road. 4. That with respect to any private road described by this declaration whether it remains private or becomes a dedicated road, there is the additional right to make all necessary slopes for cuts and fills; and the rights to continue to drain said roads and ways over and across any lot or lots where the water might take a natural course upon reasonable grading pursuant to improvement for dedication of the roads and ways shown herein. Following reasonable grading pursuant to improvement for dedication of the roads and ways shown herein, no drainage waters on any lot or lots shall be diverted or blocked from their natural course so as to discharge upon any public road rights-of-way or to hamper proper road drainage. 5. That the adjusted legal description of each of the tracts being adjusted is attached hereto and incorporated by reference as though fully set out herein. 6. That additional covenant, easements, restrictions, if any, solely for the benefit of the grantor, and his heirs, successors, and assigns enforceable only by such persons, are attached hereto either as exhibits or as previously recorded under Auditor's File Number and incorporated by reference as though fully set our herein. That these covenants are for the mutual benefit of the grantor and his heirs, successors and assigns and are for the further purpose of compliance with the resolutions and regulations of the appropriate local governmental jurisdiction, and the local government and such persons are specifically given the right to enforce these restrictions and reservations by injunction or other lawful procedure and to recover any damages resulting from such violation. DATED this 2 ~ ~ day of /~ A ,' ,/`~ IJELY ~1 I A ~ - A 12A ~( 2 N 3 3 c~ r 20 D3. ~~~ ~~ X OAi2LF~ E C - (3A K I~~ Granto Grantor (3A~e 13A12A ELL~I.I SDETEC~Ek I(' Granto ~ ~~K~~~~~/~ X V~~e L ~'.(3AK~re Grantor Grantor Grantor InIN Illu IhIV Inl IIII I~IIhI IINI tll IIIh ull III 3614711 Page: 2 of 5 C~2l0212004 09:42A Thurston Co. Wa. STATE OF WASHINGTON ) ) ss. COUNTY OF THURSTON ) On this day personally appeared before me ~L~~~ 6~1~(3AP-~1 No/3A2T- & (3A/z~ARA EtLE>,[ SOETE(~E+~' ~/~(OT-~F-,~ 9c QAV(7->•-1TE,2~ to me known to be the individual 5 described in and who executed the within and foregoing instrument, and acknowledged that THEY signed the same as ~~E' ~ free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this \\~~11111111111111///~~ :~ N: ~ PUBL~O ~ •~ ~,~~~~lF~~nWIAS~, ``\`~~~ STATE OF WASHINGTON ) ss. COUNTY OF THURSTON ) Z `~ , ~ day of MA _ ~~,~ ~~ NOTARY PUBLIC in and for the State of Washington residing at YFL~Gt On this day personally appeared before me ~~'`~~ ~ ~ ~ ~ V~-eGIC. IQ , 13AICE2 ~ I~V5f3~>`I~J SE L:l1FE) to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that TuEy signed the same as TN E ~ ~ free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this ~J~ ~ day of ~LtA ````SIN W I nHlUl~ i ~~~ o~ NOTARY N : _ • ,~ PUBL~O ~.~ '.,~9~: fe!~ber~,:••' (~~~~~• NOTARY PUBLIC in and for the State of ~•,~~~~OF•WAS~~~~•` Washington residing at `r/EL~(/l ~~Ilnnnnn~III~I AUDITOR'S CERTIFICATE File for record at the request of this day of , 20 , at minutes past o'clock _.m., and recorded in Volume of Large Lot Subdivisions on page ,records of Thurston County, Washington. Thurston County Auditor By: Deputy IN~NMN~I~I~NI~II~AI~IU~~N °.`a`;~'. ~_.,. Boundary Line Adjustment ~~- ~`~~(~ ~/L- LEGAL DESCRIPTION OF PARCELS Parcel A That portion of the Southwest Quarter of the Northwest Quarter of Section 24, Township 17 North, Range 1 East, W.M., lying South of the South line of that certain property as described in deed recorded August 14, 1997 under Auditor's File No. 3103536 and west of Thompson Greek (also known as drainage ditch). EXCEPT that portion as deeded to Thurston County under Auditor's File Nos. 812828 and 812829; ALSO EXCEPT those portions as described in instruments recorded under Auditor's File Nos. 867804, 896248, 1028560, 8305200099 and 3002265. ALSO EXCEPT a strip of land 40 feet in width, lying adjacent to and Easterly of the following described line; Beginning at the Southwest corner of the Southwest Quarter of the Northwest Quarter of said Section 24; Thence North 1°20'06" East a distance of 300 feet to the terminus of this description. The Southerly and Northerly limits of said strip of land to be coincident with and parallel to the South line of the Southwest Quarter of the Northwest Quarter of said Section 24. SUBJECT TO anon-exclusive easement for ingress, egress and utilities, over, under and across a strip of land 40 feet in width, lying adjacent to and South of the following described line; Beginning at the Southwest corner of the Southwest Quarter of the Northwest Quarter of Section 24, Township 17 North, Range 1 East, W.M.; Thence North 1°20'Q6" East a distance of 300 feet to the True Point of Beginning; Thence continuing North 1°20'06" East a distance of 192.33 feet to an angle- point; Thence North 57°39'00" East a distance of 506.20 feet to an angle-point; Thence Northeasterly a distance of 92.80 feet to the centerline of the County Road known as Berry Valley Road. The Southerly limits of said easement to be parallel with the South line of the Southwest Quarter of the Northwest Quarter of said Section 24. Situate in the County of Thurston, State of Washington. Subject to easements, restrictions and reservations of record. IIIIIIInIIIIIIIIIIIIIIIIIIIIIIVMIVInlllllll~llll °`¢'=N:~.,°..o Boundary Line Adjustment 03 - ~~,3 -yL Parcel B That portion of the Southwest Quarter of the Northwest Quarter of Section 24, Township 17 North, Range 1 East, W.M. described as follows: Beginning at the Southwest Corner of said Southwest Quarter of the Northwest Quarter of said Section 24; Thence North 01°20'06" East a distance of 300 feet; Thence Easterly on a line parallel to the South line of the Southwest Quarter of the Northwest Quarter of said Section 24 a distance of 340 feet; Thence South 01°20'06" West a distance of 300 feet to the South line of said Southwest Quarter of the Northwest Quarter of said Section 24; Thence Westerly along said South line to the point of beginning. SUBJECT TO anon-exclusive easement for ingress, egress and utilities, over, under and across the North 20 feet of the above described Parcel B. TOGETHER WITH anon-exclusive easement for ingress, egress and utilities, over, under and across a strip of land 40 feet in width, lying adjacent to and South of the following described line; Beginning at the Southwest corner of the Southwest Quarter of the Northwest Quarter of Section 24, Township 17 North, Range 1 East, W.M.; Thence North 1°20'06" East a distance of 300 feet to the True Point of Beginning; Thence continuing North 1°20'06" East a distance of 192.33 feet to an angle- point; Thence North 57°39'00" East a distance of 506.20 feet to an angle-point; Thence Northeasterly 92.80 feet to the centerline of the Gounty Road known as Berry Valley Road. The Southerly limits of said easement to be parallel with the South line of the Southwest Quarter of the Northwest Quarter of said Section 24. Situate in the County of Thurston, State of Washington. Subject to easements, restrictions and reservations of record. I hereby certify that the above legal descriptions are accurate and in compliance with the Subdivision Code. Said descriptions are not based upon a Recorded Survey. Submitted this 29 "~ day of ~Y , 2003. pEN~i 5 R. C-3~ycE2 ~~.5 ~t~ ~ /3~ Name of Title Company of Surveyor Signature CITY OF YELM DEFERRED DOCUMENT RECORDING COVER SHEET DATE: January 26, 2004 Name: Tami Merriman Department: Community Development Signature: lLi~ **PLEASE LIMIT BATCHES TO 20 DOCUMENTS** Include a separate cover sheet for each batch) Phone: 360-458-8496 BATCH OF TYPE.OF. DOCUMENT # OF PAGES FEE c~ Lti~ - ~3 - ~'3 - L 5 $ 3. $ 4. $ 5. $ 6. $ 7. ., $ 8. $ 9. $ 10. ~ 11. $ 12. $ 13.;- $ 14. $ 15.: $ 16. $ 17. ~ 18. $ 19. $ 20. ~ TOTAL: $ (FOR.AUDfTOR'S USE ONLY) RECORDWG: ~ SURCHARGE#1: ~ SURCHARGE#2: $ eturn Address 'ity of Yelm ami Merriman O Box 479 elm, WA 98597 llocument title(s) (or transactions contained therein): 1. Declaration of Boundary Line Adjustment BLA-03-8343-YL 2. 3. Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Baker, Virgil & Darlene 2. Soeteber, Barbara 3. Hobart, Delynn Barbara Grantee(s) (Last name, first name, middle initial) "l. The Public 2. Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) Portion of SW1/4, NW'/a Section 24, Twn 17N, R 1E Assessor's Property Tax Parcel/Account Number: 21.724230200 and 21724230600 DECLARATION OF BOUNDARY LINE ADJUSTMENT AND COVENANTS KNOW ALL MEN BY THESE PRESENTS: That we the undersigned having a real interest in the tract of land described by the declaration; and do hereby declare the herein described adjustment of land certified as Boundary Line Adjustment Numbern~ - ~~~j~~ `I ~ , on the ~ day of ~~~ , 20~, by the Planning Department, subject to the following covenants and conditions: That all subsequent deeds will contain provisions for private roads in the manner described herein. 2. That all maintenance of any private road described by this declaration shall be by the owners of the parcels having legal access therefrom or their heirs, assigns, or successors, unless and until such roads are improved to the subdivision standards and dedicated to and accepted by the appropriate governmental jurisdiction. 3. That any private road will be subject to the further right of the grantor or his successor and of any telephone, electric, gas, water, or sewer company, public or private, to lay or cause to be laid and the right of ingress or egress for the purpose of maintaining telephone, electric, gas, water or sewer pipes, mains, or conduits across a described portion of such road. 4. That with respect to any private road described by this declaration whether it remains private or becomes a dedicated road, there is the additional right to make all necessary slopes for cuts and fills; and the rights to continue to drain said roads and ways over and across any lot or lots where the water might take a natural course upon reasonable grading pursuant to improvement for dedication of the roads and ways shown herein. Following reasonable grading pursuant to improvement for dedication of the roads and ways shown herein, no drainage waters on any lot or lots shall be diverted or blocked from their natural course so as to discharge upon any public road rights-of-way or to hamper proper road drainage. 5. That the adjusted legal description of each of the tracts being adjusted is attached hereto and incorporated by reference as though fully set out herein. 6. That additional covenant, easements, restrictions, if any, solely for the benefit of the grantor, and his heirs, successors, and assigns enforceable only by such persons, are attached hereto either as exhibits or as previously recorded under Auditor's File Number and incorporated by reference as though fully set our herein. That these covenants are for the mutual benefit of the grantor and his heirs, successors and assigns and are for the further purpose of compliance with the resolutions and regulations of the appropriate local governmental jurisdiction, and the local government and such persons are specifically given the right to enforce these restrictions and reservations by injunction or other lawful procedure and to recover any damages resulting from such violation. DATED this 2 ~~ ~ day of M A ~% , 20 f? 3 '' -'" ~ ,r / ~ ii ,C !z' / ~-=~ =~- _- 'tom <~ l'~--.~ t~EL ~~ ~ 3 ~3A ~~ ~~re 13AR~ r= zz~ ~l ~r r~ ~E~ Granto~ ~~ ~~~ X Vr~C~ ~ ~. AKE,~ Grantor x l~Ai2L I~ ~j ~ L . ~iAl K I-~ Grantor Grantor Grantor STATE OF WASHINGTON ) ss. COUNTY OF THURSTON ) On this day personally appeared before me ~ L~~IJ f~~1~13A~t I-1G~A~r & i3A2F3A>=.A ELLE,~t SOE'ft ~E,r~ (Nto~r~IF.2 ~ QAilG->aTtn,~~ to me known to be the individual 5 described in and who executed the within and foregoing instrument, and acknowledged that ~ ~ 1-I EY signed the same as .~E~ ~ free and voluntary act and deed, for the uses and purposes therein mentioned. i ~I GIVEN under my hand and official seal this 2`~ day of MA _ \\``\`,~ W u i urrrrrrr~~~/i 20 U3 . ,,~.~ ~s R.. B,q ,,, aQ:'o ~01ARy N'; ,, cNo PUBI~G $:' Z .,,9T • . !fiber ~.: • ~ \.~, ,,~ ~ ~ ~~c ~ F r W' A S ~ ,~ \~,. STATE OF WASHINGTON ) ss. COUNTY OF THURSTON ) ~~~~ NOTARY PUBLIC in and for the State of Washington residing at 'lt~Lifi~ On this day personally appeared before me i7Ar2~Fr\1 E ~ . ~ V ~ ~C~l L ~.' . 3A I~'Et< (N VSf3~~~ rJ ~ irl ~ r E to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that TI-i~Y signed the same as TN ~ ~ ~ free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this ~J~ ~ day of ~lA` _` \\``~„~ ~ ~ u u u r, r, r,,r~~~ 20 O'~ . `.`~~~5 SON ~~!~/. '% ~~ .' ~ .p~•..~; ~ 'off ~01ARy u, c C ~u'9•~'~r~0~ber~ , ; : ~~~~ NOTARY PUBLIC in and for the State of %,,~~cO••••.:•• •~\~,\`a~ Washington residing at '`~El ~/I ~~ ~ - - - - - r ~ i iW i A S ~ `~ ~ ~ ~ AUDITOR'S CERTIFICATE File for record at the request of this day of , 20 , at minutes past o'clock _.m., and recorded in Volume of Large Lot Subdivisions on page ,records of Thurston County, Washington. Thurston County Auditor By: Deputy Boundary Line Adjustment ~~~- ~~~~ ~/~-- LEGAL DESCRIPTION OF PARCELS Parcel A That portion of the Southwest Quarter of the Northwest Quarter of Section 24, Township 17 North, Range 1 East, W.M., lying South of the South line of that certain property as described in deed recorded August 14, 1997 under Auditor's File No. 3103536 and west of Thompson Creek (also known as drainage ditch). EXCEPT that portion as deeded to Thurston County under Auditor's File Nos. 812828 and 812829; ALSO EXCEPT those portions as described in instruments recorded under Auditor's File Nos. 867804, 896248, 1028560, 8305200099 and 3002265. ALSO EXCEPT a strip of land 40 feet in width, lying adjacent to and Easterly of the following described line; Beginning at the Southwest corner of the Southwest Quarter of the Northwest Quarter of said Section 24; Thence North 1°20'06" East a distance of 300 feet to the terminus of this description. The Southerly and Northerly limits of said strip of land to be coincident with and parallel to the South line of the Southwest Quarter of the Northwest Quarter of said Section 24. SUBJECT TO anon-exclusive easement for ingress, egress and utilities, over, under and across a strip of land 40 feet in width, lying adjacent to and South of the following described line; Beginning at the Southwest corner of the Southwest Quarter of the Northwest Quarter of Section 24, Township 17 North, Range 1 East, W.M.; Thence North 1°20'06" East a distance of 300 feet to the True Point of Beginning; Thence continuing North 1°20'06" East a distance of 192.33 feet to an angle- point; Thence North 57°39'00" East a distance of 506.20 feet to an angle-point; Thence Northeasterly a distance of 92.80 feet to the centerline of the County Road known as Berry Valley Road. The Southerly limits of said easement to be parallel with the South line of the Southwest Quarter of the Northwest Quarter of said Section 24. Situate in the County of Thurston, State of Washington. Subject to easements, restrictions and reservations of record. Boundary Line Adjustment C73 ^ ~'~-/~ -~~~ Parcel B That portion of the Southwest Quarter of the Northwest Quarter of Section 24, Township 17 North, Range 1 East, W.M. described as follows: Beginning at the Southwest Corner of said Southwest Quarter of the Northwest Quarter of said Section 24; Thence North 01°20'06" East a distance of 300 feet; Thence Easterly on a line parallel to the South line of the Southwest Quarter of the Northwest Quarter of said Section 24 a distance of 340 feet; Thence South 01°20'06" West a distance of 300 feet to the South line of said Southwest Quarter of the Northwest Quarter of said Section 24; Thence Westerly along said South line to the point of beginning. SUBJECT TO anon-exclusive easement for ingress, egress and utilities, over, under and across the North 20 feet of the above described Parcel B. TOGETHER WITH anon-exclusive easement for ingress, egress and utilities, over, under and across a strip of land 40 feet in width, lying adjacent to and South of the following described line; Beginning at the Southwest corner of the Southwest Quarter of the Northwest Quarter of Section 24, Township 17 North, Range 1 East, W.M.; Thence North 1°20'06" East a distance of 300 feet to the True Point of Beginning; Thence continuing North 1°20'06" East a distance of 192.33 feet to an angle- point; Thence North 57°39'00" East a distance of 506.20 feet to an angle-point; Thence Northeasterly 92.80 feet to the centerline of the County Road known as Berry Valley Road. The Southerly limits of said easement to be parallel with the South line of the Southwest Quarter of the Northwest Quarter of said Section 24. Situate in the County of Thurston, State of Washington. Subject to easements, restrictions and reservations of record. I hereby certify that the above legal descriptions are accurate and in compliance with the Subdivision Code. Said descriptions are not based upon a Recorded Survey. Submitted this 29 n~ day of ~Y , 2003. DENAiS R. QJUtE2, PLS Name of Title Company of Surveyor Signature eturn Address ity of Yelm ami Merriman 0 Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Boundary Line Adjustment Map; BLA-03-8343-YL 2. 3. Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Baker, Virgil & Darlene 2. Soeteber, Barbara 3. I-Iobart, Delynn Barbara Grantee(s) (Last name, first name, middle initial) 1. The Public 2. Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) Portion of SW1/4, NW'/a Section 24, Twn 17N, R 1E Assessor's Property 1'ax Parcel/Account Number: 21724230200 and 21724230600 14 13 2324 S PARCEL N0. 21724230105 50~~31p 536 SWO ~~ 000 ~ 3 BOUNDARY LINE ADJUSTMENT U~' ~J`7J~ _ y1-- BOUNDARY LINE ADJUSTMENT MAP PORTION OF: SW1/4, NW1/4, SEC.24, T17N, R1E, W.M. D INA EL & JEANNE HUFFMASTER v ~BERR ~-DF ELL D NELY ~, HOUSE/ , ~ 92 ' 8 1 PPP2A2 ~Q, i 2~0 P gP0 6.LA~ 20 w ~ P 9 ~p6 ' O P 'C cn G ~~ o GO~.~Q. O, p0 N ~~~ r, PARCEL N0. ~ - 21724230700 z m m ERNEST BUNNEL NE1P `" QCD 1028560 ~~ 40- - - - I PARCEL N0. ~` °0 21724230600 o° (VIRGIL G DARLENE m BAKER 40 POORTION r WELL ~~ CONTRACT ~~ LINE 1867so4 23124 GARAGE % PARCEL N0. 21724230900 MARK SOETEBER QCD 8305200099 1 PARCEL N0. W 21724230800 L ~ P~ DIANNE BUNNELL 1 U QCD 3002265 OZ _20, ,~~ PARCEL N0. 21724230601 I x VIRGIL & DARLENE ~" g0A SESE PARCEL A PARCEL N0. 21724230200 BARBARA SOETEBER A PORTION OF - - - --- SWD 815045 -~; ~~~~ ~ Y.,`, ,~,~ .~:~ ~ ~~ l' 1 N W E ~ R „, s ~d~~~' g, ' ~„ BAKER LIVING TRUST; GRAPHIC SCALE:1"=200' QCD 3217194 0 200 400 ~.- - PARCEL B 24 19 SURVEYOR'S NOTES: THE HOUSE, GARAGE AND PARCEL LINES WERE TRACED FROM AN IMAGE RECEIVED FROM THE THURSTON COUNTY GEODATA WEBSITE AND ARE APPROXIMATE. THIS MAP DOES NOT PROPORT TO SHOW ANY FENCES AND/OR OTHER SIGNS OF OCCUPATION OR POSSESSION, NOR ALL EASEMENTS, RESTRICTIONS AND RESERVATIONS WHICH MAY AFFECT THIS PARCEL. Geomatics Land Surveying /SAY 29, 2003 VICINITY MAP P.O. Box 2550 N.T.S. TO Yelm, Washington OLYMPIA y 98597-2550 F<,y~ CULLENS - q~ RD F `- ~s9 SITE BERRY VALLEY RD S10J THIS IS AN UNSURVEYED TO BOUNDARY LINE ADJUSTMENT YELM CERTIFICATION OF CONFORMANCE I HEREBY CERTIFY THAT THIS BOUNDARY LINE ADJUSTMENT CONFORMS WITH THE REQUIREMENTS OF THE PLATTING AND SUBDIVISION ORDINANCE AS THE ADJUSTMENT DOES NOT CREATE ANY NEW LOTS CONTAINING INSUFFICIENT LOT AREA AND DIM~pISIOI~S TO MEET THE MINIMUM REQUIREMENTS ~ WIBfiF~ ND AREA FOR BUILDING SITES. DEPARTMENT z/,~D DATE ~~1oF R wY 4~',~, 4' ~ o ~ z o ~`'~ 35972 ,~W ~'~'GISTEg~~ 4~ l~NAL LA~p ~ EXPIRES: 11-03-03 FOR AUDITOR'S USE ONLY DEDICATION DEEDS: 812828 & 812829. '!r -~!'"G EOMATICS ~~:~w'!%+~ L/\ND SURVEYING ©zooo 703 Yelm Ave. W. • PO Box 2550 • YELM, WA 98597-2550 360-400-LAND csz6s~ • FAX: 360-400-5264 December 19, 2003 Grant Beck Community Development Director City of Yelm P.O. Box 479 Yelm, WA 98597 Office: 360.458.3835 Direct: 360.458.8408 Fax: 360.458.3144 Re: Baker / Soeteber Boundary Line Adjustment Parcels 21724230600 & 21724230200 Located at the end of Berry Valley Road SE City of Yelm Receipt No. 27340 /Ref. No. 10062 Geomatics' Job No.: 1090 Dear Mr. Beck: We are requesting that the City of Yelm complete the review and approval of the abovementioned Boundary Line Adjustment. Washington Mutual has provided us with the original executed Request To Amend Deed of Trust attached to their letter dated November 24, 2003. Enclosed you will fmd a copy of said letter and executed Modification. An Amended Deed of Trust was recorded December 3, 2003 under Auditor's File No. 3601240, a copy of which is also enclosed. Washington Mutual is requesting the original recorded modification and a copy of the title policy endorsement reflecting the new legal description for their files. First American Title Insurance Company can not provide a title policy reflecting the desired adjustment until it and the appropriate conveyance deed has been recorded. We are asking for your immediate attention to this matter since Washington Mutual's approval of this modification is valid for ninety (90) days from November 24, 2003, the date of their letter. If you have any questions or desire additional information please contact me. Sincerely, Geomatics, P.S., Inc. Dennis Baker, PLS Director drb@geomaticslandsurveying.com www.geomaticslandsurveying.com WashingtonMutual Home loans & Insurance Services Group November 24, 2003 Virgil R. Baker Darlene E. Baker P. O. Box 727 Yelm, WA 98597 Re: Loan Number: 0078822970!156 Property Address: 14501 Berry Valley Road Yelm, WA Dear Valued Customer: Enclosed is the original executed Modification as requested. The original recorded Modification and a Title Policy Endorsement reflecting the new legal description are needed to complete our file. An envelope is enclosed for your convenience. As a reminder, the cost of obtaining the Title Policy Endorsement is your responsibility. Washington Mutual does not incur this expense. We do not require any proceeds from this transaction to be applied to the principal balance of the mortgage. This approval is valid for ninety (90) days from the date of this letter. If further assistance is needed, please contact the Assumptions/Mortgage Modifications Department at 1-800-845-3649. Sincerely, Ihp~ D~'1 _~ Valerie D. Shumate LS Special Loans Specialist Assumptions/Mortgage Modifications Department Enclosure ZAS - PR004 Regular Mail: Attn: Mortgage Modifications Mail Stop: JAXA109 P.O. Box 44090 Jacksonville, FL 32231 Overnight Mail: Attn: Mortgage Modifications Mail Stop: JAXA109 7255 Baymeadows Way Jacksonville, FL 32256 Visit our website at www.wamuhome.com Loan #0078822970/156 REQUEST FOR TO AMEND DEED OF TRUST To: First American Title Company The undersigned Beneficiary is the legal owner and holder of the promissory note in the original sum of $236,000.00, secured by that certain Deed of Trust dated October 15, 2002, in which First American Title Company is the trustee and Virgil R. Baker and Darlene E. Baker, husband and wife, are grantors, recorded on October 23, 2002, as Fite No. 3471826 of Official Records in the office of the County Recorder of Thurston County, Washington. You are hereby requested, to amend the Deed of Trust, without wan'anty, to the person(s) entitled thereto the right, title or interest now held by you thereunder in and to that portion of the real property described in said Deed of Trust, situated in Thurston County, Washington, as follows: SEE EXHIBIT A Dated: November 21, 2003 State of Florida County of Duval Before me, a Notary Public of the State and County aforesaid, personally appeared Kay Barrington, with whom I am personally acquainted and who upon oath, acknowledged herself to be Assistant Vice President of Washington Mutual Bank, FA, successor in interest, the within named corporation, and that she, as such Assistant Vice President, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by herself as its duly authorized officer. WITNESS my hand and official seal this 21St day of November, 2003. ~y~~~.:"b'~: ~ERESA LEE 90LAND w ='`? ,~ MY COMMISSION # CC 86,4438 o= EXPIRES:Decem6er18,2003 Notary Public .'~R ~ ~~. Bonded Thre Notary Public Undernritete Loan #0078822970/156 Exhibit "A" That portion of the Southwest quarter of the Northwest quarter of Section 24, Township 17 North, Range 1 East, W.M. described as follows: A strip of land 40 feet in width, lying adjacent to and Easterly of the following described line: Beginning at the Southwest comer of the Southwest quarter of the Northwest quarter of said Section 24; thence North 1 °20'6" East a distance of 300 feet to the terminus of this description. The Southerly and Northerly limits of said strip of land to be coincident with and parallel to the South line of the Southwest quarter of the Northwest quarter of said Section 24. WHEN RECORDED RETURN TO: DOCUMENT TITLE REFERENCE NO.OF DOCUMENTS ASSIGNED, RELEASED, RELATED GRANTOR(S) GRANTEE(S) LEGAL DESCRIPTION ASSESSOR'S TAX PARCEL ID Nb. : Amendment to Deed of Trust 347]862 BAKER, Virgil R. BAKER, Darlene E. : FIRST AMERICAN TITLE CO., Trustee WASHINGTON MUTUAL BANK Ptn. of SW'/a. NW'/a, Sec. 24, T17N, R1E, WM. 21724230600 ~•******,~,~*,~**,~~***fr**,t****~,t*********~,~***,~**,~r~aa***~***t~******,t****t~***,~* AMENDMENT TO DEED OF TRUST WHEREAS, on or about October 15, 2002, VIRGIL R. BAKER and DARLENE E. BAKER, husband and wife, as Borrowers/Grantors, executed a Deed of Trust in favor of WASHINGTON MUTUAL BANK as LenderBeneficiary, with FIRST AMERICAN TITLE COMPANY as trustee, said Deed of Trust being recorded in the office of the Thurston County Auditor on October 23, 2002, as file no. 3471$26; and WHEREAS, subsequently said Borrowers/Grantors have acquired by way of a boundary line adjustment certain real property hereinafter described which adjoins that real property described in said Deed of Trust; and WHEREAS, for the mutual benefit of the parties hereto the parties wish to amend the legal description of said Deed of Trust so as to include and encumber said subsequently acquired real property; , NOW, THEREFORE, it is agreed as follows: I. The legal description of the "Property" subject to said Deed of Trust, as contained in the Exhibit to said Deed of Trust, is hereby amended and revised so as to include and encumber the tbltowing-describe~t real property lecstee~ sr_ Thy!*~tnn C'nurit,~. Washington: That portion of the Southwest quarter of the Northwest quarter of Section 24, Township I7 North, Range t East, W.M. described as follows. A strip of land 40 feet in width, lying adjacent to and Easterly of the following described line: Amendment to Deed of Trust Page t of 2 III~III~I~Iill~~li~lll'~IIIII~I~IN~iI~II Pa 03'!Z2 03 Co 2Na. II~~~I~~I~~II ppD 620.00 Thurston PEREZ, BERNARD l Beginning at the Southwest comer of the .Southwest quarter of the Northwest quarter of said Section 24; Thence North 1°20'6" East a distance of 300 feet to the terminus of this description. The Southerly and Northerly limits of said strip of land to be coincident with and parallel to the South tine of the Southwest quarter of the Northwest quarter of said Section 24. [l. AI! other terms and conditions of said Deed of Trust shall remain unchanged and unaffected by this Amendment to Deed of T~vst. IN WITNESS WHEREOF the Grantors have executed this Amendment to Deed of Trust the dates set forth below. GRANTORS: STATE OF WASHINGTON ) ss. COUNTY OF -) On this day personally appeared before me VIRGIL R. BAKER and DARLENE E. BAKER, to me known to be the individuals described in and who executed the within and foregoing instrument and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. day of ~~~ Given under my hand and official seat this ~~----- 2003. :.••~v,4-~,a 4•~. Notary Public in and for the St •.•• ~,pD L. p''%. ~~~NOTAAY _ of Washington, residing at ~''""~ _ ~ ~ ,~,,. 1Vly commission expires Q. " ~ ~~ ~~ :~-~PUB +C ~~~ Amendment to Deed of Trust 3601240 Pabe 2 of 2 ~~IIIII~~"'I'IIII~"~'III"IIII"II~~I'II'~I ~~rseo 3 co .Z wa . I~'~I~~~'I nOD 520.00 PEREZ, BERNARD L City of Yelm Community Development Department P.O. Box 479 Yelm, WA 98597 (360) 458-3835 (360) 458-3144 FAX Memorandum To: SPRC From: Roberta Allen, Administrative Assistant Date: June 3, 2003 Re: BLA-03-8343-YL -Project Review Schedule for Baker Boundary Line Adjustment Attached is the application packet for the above referenced project. After your initial review of the information submitted, if you need additional information from the applicant, please let me know as soon as possible. The following is the tentative review schedule for the project. June 18, 2003 -SPRC project review. Department comments/conditions of approval for staff report. June 25, 2003 -Final approval letter completed G:\Community Development',Project Files\BLA F3oundary Line Adjustment`,8,43 Baker`,Proj Rev Date Memo.doc ~/~i~~ \~~ SHELLY BADGER YELM CITY ADMINISTRATOR MAYOR ADAM RIVAS GARY CARLSON YELM BUILDING DEPARTMENT JIM GIBBON YELM CITY ENGINEER TIM PETERSON YELM PW DIRECTOR Only review schedule & notice TAMI MERRIMAN ASSISTANT PLANNER GRANT BECK COMMUNITY DEVELOPMENT DIRECTOR C:\Planning Folder\Mailist\SPR Committee Maillist. Form No. 1o6s-2 Policy No.: 4291-16016 ALTA Plain Language Commitment 1 of 12 .~ ?s 3tr;k~ yam. r'f I .;. ~~ ~.^G. First American Tit/e Insurance Company Bell Towne Centre, 4200 6th Avenue Southeast, Suite 201, Lacey, WA 98503 (360) 943-9350 - FAX (360) 352-7417 THURSTON COUNTY TI71~ UNIT pON iPETERS MARK MORGAN MARI BECKLEY TITLE OFFICER TITLE OFFICER/MANAGER TITLE OFFICER Beverly Volk Amanda Harvey ~~ Off'~er Escrow Assistant (360)491-2441 (360) 491-2441 To: Washington Mutual bank Order No.: 5201 Evergreen Way, Evr01Mt Your Ref.: Everett, WA 98203 Attn: Lauren Marken Re: Property Address: 14501 Berry Valley Road Southeast Yetm, WA 98597 COMMITMENT FOR TITLE INSURANCE Issued by FIRSTAMERICAN TIT~EINSURANCE COMPANY Agreement to Issue Policy We agree to issue a policy to you according to the terms of this Commitment. 4291-16016 None When we show the policy amount and your name as the proposed insured in Schedule A, this Commitment becomes effective as of the Commitment Date shown in Schedule A. If the Requirements shown in this Commitment have not been met within six months after the Commitment Date, our obligation under this Commitment will end. Also, our obligation under this Commitment will end when the Policy is issued and then our obligation to you will be under the Policy. Our obligation under this Commitment is limited by the following: The Provisions in Schedule A. The Requirements in Schedule B-1. The Exceptions in Schedule B-2. The Conditions. This Commitment is not valid without Schedule A and Section 1 and 2 of Schedule B. Form 140. lilb8-2 ALTA Plain Language Commitment SCHEDULE A Third Commitment 1. Commitment Date: October 7, 2002 at 7:30 A.M. 2. Policy or Polities to be issued: PaKY No.: 4291-16015 2of12 AMOUNT PREMIUM Reorganization Rate Extended Mortgagee's Coverage 287,000.00 478.00 Proposed Insured: Washington Mutual Bank (A) The estate or interest in the land described in this Commitment is: Fee simple as to Parcel(s) A, an easement as to Parcel(s) B. (B) Title to said estate or intermit at the date hereof is vested in: Virgil R. Baker and Darlene E. Baker, husband and wife 4. The land referred to in this Commitment is described as folbws: Real property in the County of Thurston, State of Washington, described as follows: Parcel A: TAX 38.24 That portion of the Southwest one-quarter of the Northwest one-quarter of Section 24, Township 17 North, Range 1 East, W.M. described as folbws: Beginning at the Southwest comer of said Southwest one-quarter of the Northwest one-quarter of Section 24; Thence Easterly abng the South line of said Southwest one-quarter of the Northwest one- quarter, 40 feet to the true point of beginning; Thence North 01°20'06" East 300 feet; Thence Easterly on a line parallel to the South line of said Southwest arse-quarter of the Northwest one-quarter of Section 24, 300 feet; Thence Southerly to the South Brie of said Southwest one-quarter of Northwest one-quarter of Section 24; Thence Westerly along said South line to the true point of beginning. Form No. 1068-2 ALTA Plain Language Commitment Parse! B: A non-exdusive easement for ingress and egress over lying adjacent to and South of the folkmring d+~a'ibed PoNcy fVo.: 4291-16016 3 of 12 and across a strip of land 40 feet in width, line; Beginning at the Southwest comer of the Southwest one-quarter of the Northwest one-gl~arter of Section 24, Township 17 North, Range 1 East, W.M.; Thence North 1°20'06" East 492.33 feet to an angle point; Thence North 57°39'00" East 506.20 feet to an angel point; Thence Northeasterly 92.80 feet the centerline of the County Road known as Berry Valley Road, in Thurston County, Washington. APN: 21724230600 Cr'..•F A......:rw T.N.. r-orm No. 1068-2 Polley No.: 4291-16M6 ALTA Plain Language Commitment 4 of 12 SCHEDULE B SECTION ONE REQUIREMENTS The following requirements must be met: (A) Pay the agreed amounts for the interest in the land and/or the mou~tga~ to be insured. (B) Pay us the premiums, fees and charges for the policy. (C) Documents satisfactory to us creating the interest in the land and/or the mortgage to be insured must be signed, delivered and recorded. (b) 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. (E) Releases{s) or Reconveyance(s) of Item(s): (F) Other: (G) You must give us tl~e following information: 1. Any off record leases, surveys, etc. 2. Statement(s) of Identity, all parties. 3. Other: Fust Amariran Ti7M Form No. 106$-2 ALTA Plain Language Canmitrnent SCHEDULE B SECTION TWO EXCEPTIONS Policy No.: 4291-16016 Sof12 Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction. The printed exceptions and exdusions from the coverage of the policy or polities are set forth in Exhibit A attached. Copies of the policy forms should be read. They are available from the office which issued this Commitment. 1. General Taxes for the year 2002. The first half becomes de~nquent after April 30th. The sernnd half becomes delinquent after October 31st. Tax Account No.: 21724230600 1st Half Amount Billed: $ 1,205.13 Amount Paid: $ 1,205.13 Amount Due: $ 0.00 Assessed Land Value: $ 30,500.00 Assessed Improvement Value: $ 150,400.00 2nd Half Amount Billed: $ 1,205.13 Amount Paid: $ 0.00 Amount Due: $ 1,205.13 Assessed Land Value: $ 30,500.00 Assessed Improvement Value: $ 150,400.00 2. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: Virgil R. Baker and Darlene E. Baker, husband and wife Grantee/Beneficiary: Prairie Security Bank Trustee: Charter Title Amount: $180,000.00 Dated: December 14, 1995 Recorded: December 20, 1996 Recording Information: 3005800 (includes other property) According to the public records, the beneficial interest under the deed of trust was assigned to PHH Mortgage Services Corporation by assignment recorded January 3, 1996 as 3007883 of Official Retords. 3. Covenants, orJnditions, restrictions and/or easements, if any, affecting title, which may appear in the publ"~c record, including those shown on any recorded plat or survey, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, family status, or national origin, to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes. Form Mo. 1D68-2 ALTA Plain language Commitment Polley NO.: 4291-16t?36 6 of 1Z INFORMATIONAL NOTES A. Effective January 1, 1997, and pursuant to arr>endment of Washington State Statutes relating to standardization of recorded dowments, 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 dorms 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 boating the premises and Frst American expressly disclaims any liability which may result from reliance made upon it. C. The description can be abbreviated as suggested bebw if necessary to nit standardization requirements. The full text of the description must appear in the document(s) to be insured. SW qr., NW qr., Sec. 24, Twnsp, 17 N, Rng. 1 E, W.M. Tax Parcel Number: 21724230600 D. All matters regarding extended coverage has been deared for mortgagee's policy. The coverage contemplated by this paragraph will not be afforded in any forthcoming owner's standard coverage policy to be issued. Property Address: 14501 Berry Valley Road Southeast, Yelm, WA 98597 F...r- Ainordr~n TiFlo farm No. 1068-2 ALTA Plain Language Commitment CONDITIONS Potty ~ :4291-16016 7Of12 1. DEFINITIONS (a)"Mortgage" means mortgage, deed of trust or other security instrument. (b)"Public Records" means title records that give constructive notice of matters affecting the title according to the state law where the land is gated. 2. LATER DEFECTS The Exceptions in Sd~edule B -Section Twa may be amended to show any defects, liens or encumbrances that appear for the first time in the public records or are created or attached between the Commitment Date and the date on which all of the Requirements (a) and (c) of Schedule B -Section One are met. We shall have no liability to you because of this amendment. 3. EXISTING DEFECTS If any defects, liens or encumbranoes existing at Commitment Date are not shown in Schedule B, we may amend Schedule B to show them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing. 4. LIMITATION OF OUR LIABILITY Our only obligation is tb issue to you the Policy referred to in this Commitment, when you have met its Requirements. If we have any Liability to you for any loss you incur because of an error in this Commitment, our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to: comply with the Requirements shown in Sch~lule 8 -Section One or eliminate with our written wnsent any Exceptions shown in Schedule B -Section Two. We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is subject to the terms of the Policy form to be issued to you. 5. CLAIMS MUST BE BASED ON THLS COMMITMENT Any claim, whether or not based on negligence, which you may have against us concerning the title to the Land must be based on this commitment and is subject to its terms. policy bto_: 4291-16015 Form No. 1068-2 8 of 12 AITA Plant Language Commitment EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY Pf,~ICy TYPe) 1, GIIFORNIA LAND TI1SiE ASSOCIATION STANDARD COVERAGE POLICY -1990 SCHEDULE B EXCEPiit)NS FRfM't COVERAGE This policy does not insxe against kiss or damage (and the Camparry wrT not pay vests. attorneys' fees or expenses) whiff arise M reason of: 1. Taxes or assessments which are rat shown as existing tens by ~ records of arry taxing arrthorlty that levies taxes or assessments on real property or by the PubNC records. proms by a public agency which may result in taxes or assessments, or notice of such proceed"ur9s, wtrether w not shown by the records of such agency or by the public records. records brR which could be ascertained by ~ inspection of the land tx which may be asserted by D in 2. Arpr fads, rights, interests, or doom wtddr are rat shown M ~ ~~ possession thereof. 3. Easements, liens or encwnbrances, or clakns thereof, which are not shown W the public records. 4. DispepancieS, conflicts In borrdary lines. startage in area, encroactrnents, or any other fads which a correct survey would discbst. and which are not shown M the P~K records. 5. (a) UnpaterNed mirrutg claims: (b) reservatrom ar exceplrarrs m paterAS or m Ads auttxxiting the rssuance tirereof; {c) vrater rights, dorms or Title t0 water, wheNrer w rroi t matters excepted under (a), (b), or (c) are shown by the prrbtic records. p(CUtSIONS FROM COVERAGE The folbwrng matters are exDressN excluded fran the coverage of this poky acct the Company wit not pay loss or damage, ousts, attaneYs' fees or expf."rses vvfiich arise by mason M; or remtkrg to i. (a) Any law, ordararxe or goverrrrtrerttal regulation (irxlud"m4 but not krtdted to brriidarg and zoning Laws, ortfmarrces, or regulations) restricting. regulatkrg, prohtblttng (i) the o0nrpanty, use, or enjoyment of the lard: (a~ the character, dimeruiom or loWtbn of any unprovement now or hereafter erected an tfre land; (fn) a separation in ownership or a change in the darrerrsiom or area of the lard or any parcel of wipdr the land is or was a part; or (iv) arvirorxnerrtal protection, or the effeR d any violation of these laws, ordinances or govemmeMdl regulation, except to the extent that a notice of the enforcertrent thereof or a ratite of a defect, tier or encrsrrbrance resulting from a violation m aleged viotafJar affecUrg the lard has been receded ~ the public records at Date of Potiry. (b) Any goverruner~ potce power not exdu~d W (a) above, except to the extent ttwt a notcee ~ the exercise thereof or a rxxtce of a defect, ken or encurrrbrance resulting from a violation or alleged vbWtion affecting the land has been recorded in the public records at Date of Pokey. 3. Rights of eminent domain rxdess notice of the exerese Ehereof has Keen recorded in the publk records at Date of Policy, but not extkding from coverage any taking wtuch has occurred prior to DMe of Poiq which would be binding on the rights of a purchaser for value wlth0ul knowledge. 4. l7efects, Dens, en[UnrbrarrCes, adverse claims Or When matters: (a) wtrether ar rrot recorded in the public records at ire ~ Policy. tort aeazed. suffered, assumed or agreed t0 by the insured dairrrant; (b) not knrnvn to the Company, not recorded N the pubkc records at Date of Policy, but known to the arsured daimaM and not disclosed in writing to the Comparry by the insured dairrrant prior to the date the insured dairrant became an insured under this pdicy: (c) rewltag in no bss or damage to the awned ciaauarrC (d) attaching ar created wt tD Ode of Poky; or (e) resulag to loss or damage which would rat have been sustained N the hrsrrred clakrrarrt had pakl value for the insured mortgage or for the estate or interest insured by this pulley. 5. ley ~~~ M ab~ ~busir~ss~u6ws of the statir~wirch theeWnd is situated ~ ~ of f'Oiky, a the inabdily or faihxe d arty subsequent owner o e b. Irwakdlty or wrenforceab0ky of the Ifen of the insured mortgage. w dam thereof, which arises orR of the trarsadbn evidenced try the insured mortgage and is based upon usury or arty consumer credt protection or tnRh in tendhrg law. 7. Any claim, which arises out of [he Uansadion vesting in the inured the estate ar ider~ irsrrred W d+er pdzy or the uanacti«r creating tt+e irffierest of ttre insured lender, by reason of the operation of federal barrlwptq, state insolverx-y or similar creditors' rights L AMERICAN LAND TITLE A55pCIATiON OWNER'S POLICY FORM 8 -1970 SCHEDULE OF EXCLUSIONS FROM COVERAGE i. Any taw, ordinance or gorerrrrrecrtal regulation (including brit not kmlted to buiktbrg and zoning ord'matxxs) restricting or regulatrg or prohibitng the amrparry, use or enjoyment of the land, or regulating the draracter, dirrremions or location of arry improvement raw or hereafter erected on the land, or proh6iting a separation in ownership or a reducton in the dmensions of area of the lard, or the died of any violation of arty srah law. ord-maurce or govemmarial regulatbn. 2. Rights of errrineM domaar or gmrermrrental rights of twice Power unless rrotire of the exercise of sadr rights appears in the Pubes records al Date of Policy. 3. Defects, liens, erKwnbnar>ces, adverse dams, or other matters (a) created, srffered, assumed or agreed to by the insured cfaarwnt (b) rat (mown to the Comparry and cwt stavm by the putrkc records but krarvrr to the inrxed claimant either at Date of Policy or at the date such claimant acquired an estate or interest inured by this poky and not discbsed in wrung by the insured datnnant to the ComparW Prior to the date such insured claimant became an toured hereunder; (c) resulting in no loss w damage (A the insred claimant; (d) attaching a pealed subsequent to Dale of Policy; or (e) resulting in toss or damage which would not have teen sustained i( the arsured claimant had paid value for the estate m interest insured by [his pdky. 3. AMERICAN IAPID TITLE ASSOCIATION OWNER'S POLICY FORM B -1970 WITH REGIONAL EXCEPTIONS When the American Land Titre Association potty ~ used ~ a Standard Coverage Policy and not as an Extended Coverage Poky the exclusion sd forth in paragraph 2 above are used and the foiowing exceptions to coverage appear it the poky. SCHEDULE 6 Thy poky does not insure against ions or damage by reason of the matters shown in Parts one and two foiowing: Pant One 1. Taxes or assessments which are rat shown as exktirg liens W the records of arty taxing autiariry that levies taxes or assessments on real property or by the pubkc r s. 2. Arta fads, rights, interests, Or rJaan which are not shown M the public records but wlNth could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, loam of easement or encurnbrarrces which are rat dawn by tfie pubic records. 4. Disuepandes, conflcts in boundary tines, shortage in area, encroachments. or any other fads vlfrich a correct survey would disclose, and which are no< drown bV public records. 5. Unpatented roaring claims- reservations or exoeptiorrs in palerrts w m Acts arAlrorrzmg the issuance thereof; water rights, cfaarrs or title to water. 6. Any ten, a right to a lien, for services, labor or material heretofore or hereaher famished, imposed try taw and not sloven by the pubfic records. 4. AMERICAN LAND TITLE ASSOCIiATI ~ ~ EXCltJ5ION5 ~ COYIERAGE~T FORM 1 COVERAGE rod but not imlted to bu~n9 and zoning ordsrarrces) restrrcting a regulatng or prdribitag the ocagarKY. rue or enjoyment i. Arty taw, ordinance or govenurrental regulation ( location d arty improvement raw or hereafter erected on the land. or prohibiting a separation M ownership or a reduction in of the lard, or regulating the draracter, darrenion the denerrSans or yea of the lard, or the effect of arty violation of arty wctr taw ordinance or govemmentat regulation. 2. Rights M eminent domaar or govemmenNal rights M P~~ power uNms notice of the exerese of such rigtNs appears in the pubic records at Oate of Policy. 3. Defects. lens, errnrrdtrarrces, adverse claims. or otter matters (a) pealed, suffered, assumed or agreed to by the inured claimant. (b) not known to the Canpany acrd not shown try the pubkc records but known to the insured dormant ether at Date of Poky or at the date such claarranl acqured an estate or arterest insured by the pokey or aapHred Lhe tonsured mortgage acrd rat ~SCbsed in writing by the insrued claimant to the Company prior -a the date such arsured claimant became an irrsrued hereunder, (c) res~dt-n9 ar ra bss or damage to ttte insured damaM; (d) attacharg or treated W(tsegrrent to fie of Poky (except to the extent insurance is afforded herein as to any statutory lien for tabor or far street improverne+rts under construction or cargleted at Date ~ Policy). material a to the extent awuance is afforded heroin as to assessments 4. UrrenforceabiiaY of the liar of the unwed mortgage because of failure of the insured at Date of Poky or of arty subsequent owner d the indebtedness to comPM wih applicable "doing business" lays of the state in which the land is situated. Form ~. 1068-2 Policy No.: 4291-16016 ALTA Plain Lattgltage Colttfnitrrterlt 9 of 12 5. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -19701MITH REGIONAL EXCEP'tIOlyS When the Amerkarr LaM Idle Assocaton lenders PdicY is used as a Standard Coverage Poky an0 not as an Extended Coverage Ptiky, ttk exclusions set forth in paragraph 4 above are used and the following exceptions to coverage appear in the ptiity. SCHEDULE 6 Thy potty does not inwre against bss or damage M reason of the matters shown in parts one and two folowing: Part One: i. Taxes ar asse~nents wfrich are not shown as existing Nees by the records of any taxing authority that levies taxes ar assessrnrutts on real prope+ty or by the pubic records. 2. Any facts, rights. irderests. ar claims which are rat shown by the pubic records but wlrch could be ascertained by an irepectlon of said land ar by making inquiry of persons in possession thereof. 3. Easements, claims ~ easerrrent ar errcurtera<rces uddclr are act shown 6y ~ Dtrbic records. 4. Discrepancies, cortficts in boundary lines, shortage M area. errcroacltments, or arty other fits which a correct survey would disclose, and whkh are not shown by P~ records. 5. Urtpataded mirtirrg clams; reservations ar exceptions in patents ar in Acts a~uthorizirtg the issuance thereof; water rights, c]aprts ar title to water. 6. Any ievt, ar right to a Ilen, for services, labor ar material theretofore or hereafter fumislted, imposed by law and rot shown by the Pubic records. g. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY •-1992 WITH A.LT.A. ENDORSEMENT FORM 1 COVERAGE EXCLVSIONS FROM ~VERAGF The folbwing matters are expressly excluded from the oa~erage of this policy and the Company vriN not pay bss or damage, costs, atfomeys' fees ar expenses whkh arise by reason ~: or relay to i. (a) Arty lave, ordinance ar govemmeMat regtdation (rnchdatg txd rtot rmRed to btdlding and zotirtg laws, ordntarttes, or regtations) restricting, regulating. prohibiting nr9 (i) the orxarpancy, use, ar enjoyment of the land; (N) the dtaracter, dmensions ar location ~ ant improvement now or hereafter erected on the Ford; (ii) a separation in ownership ar a change d the dkrter~sbns ar area of the land ar arty pared of which the tend is or was a part; or (iv) environmental protection, ar the effect ti any vblatfon of these laws, ardnances ar goverrmentat regulatrons, except to the extent that a notice ti the enforcement thereof or a ntike of a defect, lien or encumbrance resuRhg from a vitiation ar aNeged vitiation afiectprg the land itas been recorded m the pubic records at Date ti Poky; (b) Any governnrerdr'd po&e paver not excluded by (a} above, accept to the extent that a notke ti the exercise thereof or a notke of a defect, Gen or encumbrance resuking from a vrolation or aleged violation affecting the land has been recorded in the Public records at Date ti Poky. 2. Rights of emktent danain unless ratke of ttte acerdse thrseof has been recorded in the public records at Date of Policy, btd not aaktding from coverage arty taking wfoch has oaurred prior to Date of Polley which would be boding on the rights of a Purchaser for value without knowledge. 3. Defects, cars, ertctar~rances, adverse claims, or outer rrtatters: (a) wfkllter ar not recorded to tbe pubic records at Date d Polley, but creMed, su8ered, aswmed or agreed to by tFre ktstaed dakrtant; (b) not known to the Company. not recorded In the pubic records at Date ti Poky, but kravm to the insured claknard and not disclosed in writing to the Company by the insured clakrtard piar to the date the insured ctairrrartt became an ktsured under this PorKy: (c) resrdtirtg let ra loss or damage ho the insrred clakrtarrt; (d) attadtirtg ar treated strbseptrerrt to Date of Polley (except to the extent that this pdicy irrscrres the Priority ~ the rren of the krstrred mortgage over any statutory tart for services. abor ar material ar the extent inwrance is aRorded herein as to assessnnents for street improvements railer construction ar completed at date of poky); or (e) rewking d bss ar damage wtilch would not bare been sttstakted V the insured claimant Ftad paid value for the irtsrued mortgage. 4. lMerdorceabdRy of flue pert of the 4rst-ed mortgage bey ~ Ute irrabdily ar failure ti lice grstred at Date d Poky, ar the +nabrlity ar faikrre of any subsequent owner of the indebtedness, to tpmply vvRlt the apprrcaWe "Wi"g b~ne~" laws ti the stnte fn which the card is situated. 5. tmraNdRy or wratfarceabiRy ti the ten ti the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured murl9a9e arils based upon awry ar arty rnrrsrrrrer crettit proteciot tor' trtdh in lerdKg law. from an 6. Any statutory ierr for servkes, labor ar materials (or the claim of priordy d arty sWtutoN Hen tar services, labor ar materiak over the ten of the krstrred mortgage) arising improvement or work rated to the lead wtddt is coMraded for and commenced wb5equent to Date ti Policy and is not financed in whole ar in part by proceeds of the indebtedness secured by the ir~irred mortgage which at Date of Polley the 'aistrred has advanced ar is obligated to advance. 7. Arty clahri, which arKes out ti the trarisaetion creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bardcnrptcy, state insolvency, or sirtdtar credRas' rights laws. that is based on: (i) the trartsactlont creatbtg the interest of the irxttred mortgagee being dee+ried a franrdrderd corweyance ar fraudulent transfer, ar (i) lice subordrtationt ti the kderest of the asrwed mortgagee as a rewR of the application of the doctrine ti equitable subardinntan; or (nf) the transaction creating the interest of the fnsared mortgagee being deemed a preferential transfer accept where the preferential tramfer results from the faikue: (a) to timely record the instrument of transfer, or (b) ti stirclt recordation to impart notice to a puchaser far value ar a judgment ar Hen creditor. 7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1992 WITH REGIONAL EXCEPTIONS Wtten the Anrerkan lanrd Idle Association patty is used as a Standard Coverage Policy and not as an Extended Coverage PtikY the exclusions set fatty in paragraph 6 above are used and the fdlowtng exceptions to coverage appear in the potty SCHEDULE 6 This Polley does not Iristrre against ions ar tfamage (and the CornPany wpl not pay costs, altarrteys' fees or expenses) which arise by reason of: 1. Taxes or assessntatfs wMdi are riot sttovm as existing IlerS by the remrds of arty tatting auttiorRY that levies traces ar ~essrrents on real Property ar by the pubic records 2. Airy facts, rights. interests, ar damts which are not shown M the publk records but vvhkh could be ascertained by an inspection of said land ar by enticing inquiry of Persons in possession tMieof. 3. Easemerds, claims of ease<rient ar ercrmArarroes which are sot shown by the pu~c reeark. 4. Discrepandes, contikis let boundary fines, shortage in area, ertcroaclanecds, ar arry other facts which a correct wrvev would disclose, and whkh are rat stiovm by publk records. 5. Urtpatented mining claims; reservatiwis ar exceptbris in patents ar in Acts authodzhtg the Bsirance thereof: water rights. claims ar tNle to water. 6. Any Hen, or right to a ilen, for services, tabor or material theretofore or hereafter fumslted, imposed by bw and not shown try the pubic records. 8. AMERICAN I.APID TITLE ASSOCIATION OWNER'S POLICY -1992 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded fran the txwerage of this poNcy and the Company will rat Day loss or damage. costs, attorneys' fees ar expenses which arse by reason ti: i. (a) Any law, ordinance or governmental regulation (inducting but ntti rmfted to bwldirg and zonbg laws. ord'mances, or regulations) restricting, regulating. protrbilirig ar relating to (i) the occupancy, use, or enjoyment of ltre land; (ii) the character, dimensions ar bcation of any improvement nax or hereafter erected on the land; (ii) a separation in ownership ar a change in the dmeruions ar area of the land or any parcel ti vvhkh the land is ar was a part; or (iv) environmental protection, or the effect of any violation of these laws. ardktances ar govemrrerdat regulations, except W the extent that a notice ti the enforcement thereof ar a ratke of a defect. lien or encumbrance resuRirg from a vbtatbn ar alleged violation atfectirtg the torrid has been recorded d the pubic records at Oate ti Poky. (b) Any governmental pollee power rat exckded by (a) strove, except to the extent that a ratite of the exercise thereof or a ratite of a defect, Ilen ar encumbrance residting Irom a violation or aNeged volation affecting the card list been recorded in the puMk records at Date of Policy. 2. Rights of eminent domain uxiless notice of the exerese thereof has been recnrtfed in the publk records at Date ti Policy, but not excludsg from toverage arty taking which has occvrted prior to Date ti Pdky wttkh world be Frirding on the rights of a Purchaser tar vakre wittaud krtovvledge. 3. Defects. lens. encumbrances, adverse claims, ar other matters: (a) created. suffered, autrned a agreed to by the irrstrred damanr4 (b) not krawn to the Company, rat recorded in the ptiWk records at Date ti Polley, but krawn to the insured claimant and rat discbsed In writing to the Company by the iriwred claimant prior to -he date the insured claimant became an insured ruder this pdicy; (c) resulting in rro loss ar damage to the iruwred claimant (d) attacltirtg ar created su~grerit to Date ti Poky; ar (e) resuRing N toss ar damage whkh would nor bare been statahied f the insured claimant had paid value for the estate ar interest irtswed by Uds PaKY• polity No.: 4291-16016 Form ND. 1068-2 10 of 12 ALTA plain Language Commitrnent 4. Arty claim, which arises orA of the transaction vestirKJ in the irsrried the estate or interest iruured by this poi"rcY, by n'a~ of ~ pperation of federal bankruptcy, state insolvency, or sanrkr tredROrs' rights laws that 'u based on: (t) the trartSactiOn creating the interest of the irsrsed rrartgagee being deemed a fraudulent conveyance or fratdtderrt transfer; or (d) the transaction creating the iterest ~ the irrsrwed rrrortgagee bemg deemed a preferential UarcSfer except where the pretererAld transfer results Gan the failure: (a) to tamely record the irutrument of t ~ r, or ~ vaAre a a judgment or lien creditor. (b) of such recordation to impart notice purdraser 9. AMERICAN LAND T11LE ASSOCIATION OWNER'S POLICY -1992 WI'fN REGIONAL E1tCEP'(lONS When the Anrerion Lard Td~ Association po&y u rued as a Standard Coverage PokcY and rot as an L-iderded Coverage Policy the exr,ArUoov set forty in paragrapl+ 8 above are used and the fo8owing exceptions to coverage appear in the pof¢Y• SCHEDULE B Thor pokcp does not irurue against toss or damage (and the Company wi rrot pay costs, attorneys' fees a exper>ses) which arse by reason ~: Part Oov: liens by the records of arty taxing authority that levies taxes a assessments on real property or by the pubkc records. 1. Taxes a assessments which are not shown ~ exfs<ar9 of sad land a by making inquiry of persons in 2. Arty facts, rights, interests. a claims wtrkh are not shown by the Public records but winch cordd be ascertained by an ins0ection o - 3. EaserrrerNs, claims of easement ar errcurrhrances widdr are Trot shavn by the pubkt records. q, piscreparrcies, mrrtlicts M boundary knes, slgrtage h area, enaoadarierrts, aany other facts which a correct srnveY would discbse, and whidr arc rat shown by publk records. S. Urrpatenled mining dairrs reservations or exceptions fn patents or in Acts ardlarizirrg the issuance thereof; water rights, chins or title to water. b. Any ken, or right to a lien, for services, tabor a materW theretofore or hereafter furnished, imposed by law and rot shown by the publk records. iD. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POl3K.Y -1967 EXCLUSIONS In additiorr to the Exceptions in Sdredule e. you are not irurrred again bss, costs, attorneys' f non. Thy arckrdes brrkdhrg andand zoning ordinances and also taws and r+egulatioru 1. Goverrvrrental police power, and the ex~errce or vbtation of arrY taw Or goverrrrrent re9W~' eorrcerdng: • land division • land use • improvemer>fs on the land • erwkorrrrental protedbn This exckrsiar does not apply to vroiations ar the eMac of these miters wticfi appear in the puDGc retards at Poky Date. This exclr~on does not limit the zarirrg coverage described M items 12 and 13 of Covered Title Risks. 2. The right to take the land by wrtdenrrirg iC unless: • a notke of exercisag the right appears in the p~ records on the Policy Date • the taking happened prrpr to the Polley Date and is binding on you d You bought the land wfthout knowing of the taking. 3. Title Risks: • that are created, akovred, or agreed to by Yov that are known to you, but not M us, on the Poicy Date -unless ttrey appeared in the public records • that resole in no bss to Y~ that fast axed Your' title after the Pokry Date - ttris does not kmit the tabor and materiel ken coverar~ in [rem B of Covered Title Risks 4. Falure to pay vakre for your tkle. 5. Lack of a right: . to arty land outside the area specificaky d and referred to in Item 3 of Schedule A, or in streets, alleys, a waterways that touch your land This extkrsiar does mt tarW the aaess coverage in Item 5 d Covered Tkle R~ks. iL EAGLE PRO7ECiION OWNER'S POLICY CLTA HOMteOWNERS POLICY OF TITLE INSURANCE - 1998 ALTA -~MEpWNER'S POLICY OF TITLE D'/StfRANCE - 1998 Covered Risks 14. (Subdvision afire ~bject~to 1DerbctiWe Amounts end b (Maximum Odlar Limns of Lem of taundary woks a fences) EXCLLrSIONS In add8forr to Cxceptions M Stheduk B, you are rror awned against loss, vests, attorneys fees, exp resuk~, laws and rtgulaticros concerning: 1. GoverrxrrerNai polka power, and the existence a vblatiar of arty iarv or govemrrvart regrda a. brabag b. zoning G land USe d. irtgrrovenrerrts on fire Wrld e. Iard drvisiori f. emlvorrrrerMal protection This exclusion does not aDPH to vwloriores a the entoroement of these matters if notce of the violation or erdarcement appears in the PrabYc Records at the Poliry Date. This exchuiar does not kma the coverage desttibed in Covered Risk 14, 15, lb, 17 or 24. 2. The falure Of Your existing Anrtture5. or arty part of them, to be coruUrrded in accadarxx wtllt apptaa6le btikdin9 ' This Exclusion does not apply to vloiafioru d braiding codes it ratite of the violation appears in the PUbkc Records at the r'dkY Date. The right to take the land M corxlerrutirrg it. unless: a. a notice of exercuirrg the right appears ar the PuWk: Records ~ the Porrcy Date; a b. the taking happened Oefae the Polley Date aid is blending on You if You bought the Land wiltrout Knowing of the faking. 3. Risks: a. that are ueaeed, akorved, or a9*eed to by You, whether or ro[ tfrey hex e+ the t~ikc Records; b. that are 1Crrown to You M the Policy Date, but rat to lis, unless they appear in the Pubkc Records at the Policy [>.ite; G drat result M no bss ro You; or d. that first ocwr after the Policy Date -this does rat kmit the coverage described in Covered Risk 7, 8.d, 22, 23, 24 or 25. 4. Fadrue re pay value fa Your idle. 5. tack of a right; h 3 of Schedule A: and a. to any Land outside the area specificaW described and referred to in paragrap b. in streets, okays, a waterways that touch the Land. This exckuion does not. krrdt the coverage destrtlied in Covered RBk 11 or 18. Form No. 1068-2 ALTA Plain language Cnrtmtibnetrt 12. AMERIdN LAND TITLE ASSOCIATION LOAN POLICY -1992 YVIIfI A1TA ENDORSEMENT FORM 1 GOYERAGE EXCLUSION FRON CDVERAfiE Policy No.: 4291-16016 ilofl2 The fotkrv"ag matters ate expresly exckrded from the coverage of this pocky and the Company will not Pay bss w damage, costs, attomeys' fees w expenses which arise by reason of: 1. (a) Any law. ordk+arxe a govermrentai regutaUar (ndudirg but not kmited to Mildirg and mrtkrg torus, ordinances. w regulations) restridirrg, regulating, prdub~rrg w relating to (Q the octrrparrcy, use, w en}oymernt of the lard; (ii) the dwacter, dimensions w bcattoh of arty improvement rrow or hereafter erected on the land; (ia) a separation in ownership w a change in the dinxvsiars w area of the land w array Parcel of which the Lard is w was a part; w {H) errviomreMal protection, w the effect of amr violation of these Mors, ordinances or governmental regrrlatiors, except to the exterN that a notice of the ernforcerrrerrt thereof w a notice of a dried, ken w errcunbrance resuRiny from a violatbn or akeged vblatfar affecting the Land has been recalled in the Prbkc Records at Date of Policy. Tips exdusbrn does not knit the coverage provided under irsrrrirrg provisias 14, 15, 16 and 24 of Uds pokey. (b) Any goirerrurrental police power not excluded by (a) above, except to the extent that a notice of the exerrae thereof w a notice of a defect, ken w errcun~rance resuk:+g from a violation or akeged violation affecting the land has bear recorded n the Pubkc Records at Date of Polley. This excksbn does rwt Imu the wverage provided umler insuring provisiorns 14, 15, 16 cord 24 ~ this poky. 2. Rights of eminent domain urdess notke of the Exerdse thereof has been recorded n the Pubkc Records at Date of Pdky, but not excluding from coverage arty taking which has occurred prior to Date of Pokey which would be binding on the rights of a praclraser for vakre withou Knowledge. 3. Defats, leans, erncrsnbran[es, adverse claims or other matters: (a) treated, suffered, assured or agreed to by the insured Clamant; (b) rat known to the Company. not recorded n the Pnrblic Records at Date of Polley, Mrs Known to the Insured elantant and rot disclosed n writing to the Company by the Irnsured Clamant prio- to the date the Irsrrred Clakrnarrt became an Insured under this pokey; (c) r~rtltirrg n no loss w damage to the insured Ctairrarnt; (d) attadning or mated svbsegrrert to Date of Poky (this paragraph (d) does not krm7. Use coverage provided under arsruor9 pn)visiors 7, 8, 16, I7, 19, 2D, 21, 23, 24 and 25); or (e) rewltlng n loss «damage wtnkfi would rot have been stnstakred if the insured Claimant hid paid value for the irsnaed Mortgage. 4. UnenforceabilKy of the Ilan ~ the Insured MoR9age because of Ilne nabtkty w failure of the Insured at Date of Pokey, w the nabifily or Faihae of arty subsequent owner of the indebtedness, [o mmD1y with applicable doing business Taws d the state n whk:h the Land fs situated. 5. Invakdttr w unenforceabikty of the ken of the Insured f4ortgage, or claim thereof, which arises out of the transaction evidenced by the Insured Mortgage and is based upon: (a) usury, except as provided urrdei imxuing provsion 10 of this pokey; or (b) any corsurrrer mdit protection w tnrtit n lending law. b. Taxes or assesanents of any taxing w assessment aunomy which become a ken on the land subsequent to Rate of Pokey. 7. Any claim, which arises art of the varnsadion mating Use interest of the mortgagee assured by Uris pokey. by reason of the operattan of federal bankruptcy, stale insohrency, or simkar mditors' ri9nts laws. that b based on: (a) the transaction treating Ure Merest of the insured mortgagee berg deemed a fraudrded cromeyarKe w fraudulent transfer, or (b) the subordnation of The Merest of the insured mortgagee as a resale ~ the application of the doctrine of equitable subordnation; or (c) the trarsactiorr creatkng the interest of tht insured mortgagee being deemed a prefererrtRl transfer except where the preferential transfer resuRs from tine failure: (i) to timely record the isburtrerrt of transfer, or (i) o(wch recordation to impart notice W a purchaser for valr>e or a )rrdgment or lien crecttor. 8. Any claim of invakdity, unenforceabkity wlack of priority of the ken of the Insured Mortgage ~ m advances w +rnodiCrcatiars made after the Insured has Krnordedge Drat the vestee sirown n Sdtedule A is no larger the owner of the estate or interest covered M this pokey. This exdusirrr does not IsrrB the ca+erage provided undo irsrwing provison 7. 9. Lade of priorM of the ken of the Insured Mortgage as to each and every advarxe made after Dace of Pokey. and ~ interest drarged therm, over kerns, encranbrances and other matters affectig tKle, the existence of whidr are Known to the insured aL (a}The time of the advance; or (b) The time a modificaUorn is made W UM terms of the insured Mortgage which dranges the rate of interest ctnarged, ff the rate of interest is Breuer as a resu% of the modification than k wadd here been before the rrrodfication. This excksion does rro[ Iink the coverage provided under insuring provision 7. SCHEDULE 6 This poky does rwt insure against less or damage (and the Canparry wkl not Pay costs, attorneys' fees or expenses) whkit arise by reason of: 1. Erwironmental praection leans provided for by the fobwirg existhtg statutes, whidr leans wrT trove priority over the Ilan of the Insured Mortgage when they arise: NDNE 13. AMERICAN tAND TITLE ASSOCIATION LOAN POLICY -1992 [MIT)f EAGLE PROTECTION ADDED UIIITFI REGIONAL EXCEPTIONS When the American lard Thle Assodation lean policy wNh EAGLE Protection Added IS used a5 a Standard Coverage Pokey and not a5 an Extended Coverage Pokey the exclusions set forth in paragraph 12 above are used and the fogowing exceptions to coverage appear in The poky. SCHEDULE B This pokey does not unsure agaist loss w damage (and Une Comparny wile not Pay costs, attorneys fees or expenses) which arise by reason of: Part One: i. Taxes a assessments wtrictr are rwt shown as existing leers by the records of any taxing auUgrity that levies taxes or a~essrrrents on real property or by the pubic records. 2. Arty fans, rights, interests, or claims which are rnot shown by the pubic records but which toad be ascertained by an inspection of said land or by making inquiry of persore in possessbn thereof. 3. Easemernts, claims of easematt w ecrcunbrances wtnich are nwt shown by the pantie re[or~. 4. Distreparrcies, conflicts n boundary krres, shortage n area, encroadnmerrls, wartyother facts which a correct survey would discbse, and which are rat shown by public records. S. Unpatented coning claims; reservations w exceptions in portends or in acts authorizing the issuarKe thereof; water rights, chins or title to water. b. Array ken. a rigftt to a ken, for 5ervkes, labor w material thereWfwe w hereafter famished, imposed by law and not stnown by the public records. Part Two: i. Emianmental protector liens provided for sty the fokowing existing statutes, which leans wile have priority over the lien of the Insured Mortgage when they arise: NONE f=orm No. 1068-2 ALTA Pain language Commitment ~ ~s+rxr ~~~ t, , ,p. Polity No.: 4291-16016 12 of 12 First American ~t/e Insurance company t3ell Towne Centre, 4200 6th Avenue Southeast Suite 201, Lacey, WA 98503 (360) 943-9350 - FAX (360)352-7417 PRNACY PQLICY We Are Committed to Safeguarding Customer' Information In order to better serve your needs now and in the future, we may ask you to provide us with certain infommnation. We understand that you may be concerned about what we wiN do with such information -particularly any personal or financial information. We agree that you have a right to know how we wi8 utilize the personal information you provmde Do us. Therefore, together with our parent cornpany, 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 infommation we have obtained from any other source, such as informabon obtained from a public record or from another person or entity: First Arnericarm has also adopted broader guidelines that govern our use of personal ir~orrnation regardless of its source. Rrst American Gaits these guidelines its Fair Informab~on t/a/ues, 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 persona{ 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 rnnsumer reporting agency. t)se 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 tp nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or 42) as pertnmTted by law. We may, however, s0or+e such information indefinitely, indud'mg the period after which any cusfiom~ relationship has ceased. Such informatian 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 infommakmon listed above to one or more of our affiliated companies. Such affiliated companies include finanoal service providers, such as title insurers, property and casualty insurers, and trust and investment advmsory companies, or compan~s involved ~ real estate services, such as a {sat companies, home warranty companies, and escrow rnmpanies. Furthermore, we may also provide aq the information we ~ as described above, to companies that perform marketing services on our behalf, on atf of our affilated 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 empbyees ark age to ensure that your information wilt be handled responsibly and in accordance with this Privacy Policy and First Arrmericarm's Fair Irrfwrn>abion ~a/ue~ We currently maint~n physical, electronic, and procedural safeguards that rnmply with federal regulations to guard your nonpublic persona{ information. ® 2041 The First American Corporation • All Rghts Reserved C.w.+ A w...:...... T:u- 3315 PACIFIC AVE SE ,#D-1B, OLYMPIA, WA 98501 PLAT CERTIFICATE Order No.: 2019697 Certificate for Filing Proposed Plat: In the matter of the plat submitted for our approval, this Company has examined the records of the County Auditor and County Clerk of THURSTON County, Washington, and the records of the Clerk of the United States Courts holding terms in said County, and from such examination hereby certifies that the title to the following described land situate in said THURSTON County, to-wit: SEE SCHEDULE A {NEXT PAGE) VESTED IN: BARBARA E. SOETEBER, ALSO APPEARING OF RECORD AS BARBARA ELLEN SOETEBER, AS HER SEPARATE ESTATE EXCEPTIONS: SEE SCHEDULE B ATTACHED CHARGE: $300.00 TAX: $25.20 Records examined to APRIL 10 , 2003 at 8:00 AM 1 IIIJJJ /\ i MARK A KARJALAHTI Title Officer (360)456-7$78 er~scKrn/ann/ate CHICAGO TITLE INSURANCE COMPANY PLAT CERTIFICATE SCHEDULE A (Continued) Order No.: 2019697 LEGAL DESCRIPTION THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 24, TOWNSHIP 17 NORTH, RANGE 1 EAST, W.M., LYING SOUTH OF THE SOUTH LINE OF THAT CERTAIN PROPERTY AS DESCRIBED IN DEED RECORDED AUGUST 14, 1997 UNDER AUDITOR'S FILE N0. 3103536 AND WEST OF THOfdPSON CREEK (ALSO KNOWN AS DRAINAGE DITCH). EXCEPT THAT PORTION AS DEEDED TO THURSTON COUNTY UNDER AUDITOR'S FILE NOS. 812828 AND 812829; ALSO EXCEPT THOSE PORTIONS AS DESCRIBED IN INSTRUMENTS RECORDED UNDER AUDITORS FILE NOS. 867804, 896248, 1028560, 8305200099 AND 3002265. IN THURSTON COUNTY, WASHINGTON PLATCRTL/RDA/0994 CHICAGO TITLE INSURANCE COMPANY PLAT CERTIFICATE SCHEDULE B Order No.: 2019697 This certificate does not insure against loss or damage by reason of the following exceptions: GENERAL EXCEPTIONS: A. 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 for value of record the estate or interest ar mortgage thereon covered by this Commitment. B. Rights or claims of parties in possession not shown by the public records. C. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the premises. D. Easements or claims of easements not shown by the public records. E. Any lien, or right to lien, for contributions to employee benefit funds, or for state workers' compensation, or for services, labor, or material heretofore or hereafter furnished, all as imposed by law, and not shown by the public records. F. Liens under the Workmen's Compensation Act not shown by the public records. G. Any service, installation, connection, maintenance or construction charges for sewer, water, electricity or garbage removal. H. General taxes not now payable; matters relating to special assessments and special levies, if any, preceding or in the same becoming a lien. I. Reservations or exceptions in patents or in Acts authorizing the issuance thereof; Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes. J. Water rights, claims, or title to water. K. THIS REPORT IS ISSUED AND ACCEPTED UPON THE UNDERSTANDING THAT THE LIABILITY OF THE COMPANY SHALL NOT EXCEED ONE THOUSAND DOLLARS($I000.00). PLATCRTB/RDA/0999 CHICAGO TITLE INSURANCE COMPANY PLAT CERTIFICATE SCHEDULE B (Continued) Order No.: 2019697 EXCEPTIONS A B C D E 1. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER 1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES): YEAR: 2003 TAX ACCOUNT NUMBER: 21724230200 LEVY CODE: 170 ASSESSED VALUE-LAND: $ 28,950.00 ASSESSED VALUE-IMPROVEMENTS: $ 60,900.00 GENERAL & SPECIAL TAXES: BILLED: $ 1,181.42 PAID: $ .00 UNPAID: $ 1,181.42 2. RIGHT, TITLE AND fNTEREST OF DELYNN BARBARA HOBART AS DISCLOSED BY DEED RECORDED JULY 18, 2001 UNDER AUDITOR'S FILE N0. 3366109. NOTE: SAID DEED DOES NOT CONTAIN PROPER LANGUAGE OF CONVEYANCE. 3. JUDGMENT: AGAINST: IN FAVOR OF: FOR: ENTERED: AUDITORS FILE NOS: DISTRICT COURT CAUSE NUMBER ATTORNEY FOR CREDITOR: DELYNN HOBART GREENWOOD TRUST COMPANY $ 6,873.20 MAY 21, 1997 3112599 AND 3136865 44701 JOHN P. PLOVIE 4. EASEMENT AFFECTING A PORTION OF SAID PREMISES AND FOR THE PURPOSES STATED THEREIN: IN FAVOR OF: PUGET SOUND POWER & LIGHT COMPANY PURPOSE: ELECTRIC TRANSMISSION AND DISTRIBUTION LINE AND APPURTENANCES THERETO RECORDED: MARCH 16, 1931 RECORDING NUMBER: 237549 AND 237551 AFFECTS: SAID PREMISES AND OTHER PROPERTY 5. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON PROPERTY HEREIN DESCRIBED AS GRANTED IN DEED: GRANTEE: RECORDED: THURSTON COUNTY PLATCRTBI/RDA/0999 CHICAGO TITLE INSURANCE COMPANY RECORDING NUMBER: PLAT CERTIFICATE SCHEDULE B (Continued) Order No.: 2019697 812828 AND 812829 F 6. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE: INGRESS, EGRESS AND UTILITfES AREA AFFECTED: PORTION OF SAID PREMISES RECORDED: JUNE 12, 1972 AND FEBRUARY 28, 1978 RECORDING NUMBER: 867804, 1028560 AND VARIOUS INSTRUMENTS OF RECORD 7. ANY QUESTfON THAT MAY ARISE DUE TO SHIFTING AND CHANGING IN THE COURSE OR BOUNDARIES OF THOMPSON CREEK. END OF SCHEDULE B PLATCRB2/RDAl0~9 4 i ----- ~ ~• ~ c -• ~ O~ f THE p, ~ CITY OF d ~ YELM R O. Box 479 Yelm, WA 98597 SLM 360-458-8403 RECEIVED * *'~'~ONE HUN~SFED DtILI.ARS & ~?~ L E:~~'S RECEIVED FROM DATE REC. NO. VIRGIL/DARLENE BAKER ~~ ,°~~ 1~:3 ~:') =~io, 145Oi BERRY VALLEY RB S~' YELM. WA 98597 ~~~~uz~~ RECEIPT No. 2 7 ~ 4 Q AMOUNT REF. NO. BOt3NDFY TINE A~.r _ _ C ITllf ®0° YE LM OFFICIAL USE ONLY ~ o ,`~',~ r `rxr, x ~'-~ PO Box 479 f ~ r Fee 0~--- ~~I ~' ~ t ~ ~ ® Bate Received 03 ~.r`~ ~`'~ Yelm WA 98597 ~~~ ~ ~ F e No. BG~--~~ "- - L ~~~~•~~ ~ ,`' 360-458-3244 1003 .~ ~~ ~- ...~, APPLICATION FOR ~~_~ BOUNDARY LINE - Y E L~~I wnsFiii~cTON ADJUSTMENT Fee: $100.00 OR LARGE LOT SUBDIVISION Fee: $250.00, + $10.00/lot (In addition, any professional service charges per Resolution #358) PLEASE SUBIUIiT CURRENT PLAT CERTIFICATE WITH APPLICATION {Limited Liability Title Report) ~_ Boundary Line Adjustment Large Lot Subdivision NAM E OF PROJECT FAKE (Z 1301.)i.l l~-~~`f ~ I ~ L l~ 1~~'V~S~~ L ~ •1"" X Owner of Parcel(s) Purchaser of Parcel(s) Representative APPLICANT 1%il~(.r1L ~ L7ARL~'1.ifr ~`~K~~ Mailing Address P I, fi~X ~~- City, State and Zip `t/1= L Ivl } 1,~/~ y 5c1~7 Telephone ~(~°[~ ° 4 ~i f~5 •-- 3 2 ~ (7 OWNER VI~CY)L. ~ ~Ar~L~I~~ t~AK~,~ Mailing Address 1',U i~©~ 7'2 7 City, State and Zip ``rF! M 1~~4 ~1 ~ 5~l '7 Telephone 3i:-[) ~~ 'I~i4~ -~ 7"3(7"L SURVEYOR- C~-tGMA FIC j ~. ~j, , rJ~IC, Mailing Address FCC) i~iC' ~ 'Z 5 r)U City, State and Zip `~~~ U.IA ~5~5`~i? Telephone .~~ ~ -- `~'~©° ~'~.~io ~ PROPERTY DESCRIPTION General Location ~~~ C~ 13~F~~' vALLI=~ ~a'Qt~ 3~ Address of Site (if assigned) ~3AK?=k'. = ti10~ /~ Sr" "~ - ~ ~~F~IiC F_ ~ I'~`lOt~ Area of Project (in acres, if possible) i~iA1= F ~ 2 t~ "i Ai~'IE.Sy `~>E i`r'l3r~ ~ Z .ty~ aC2-= `~ .~ Area of entire contiguous ownership (if other than above) Section 2r~ Township t7 ~ Range ~ i Assessor's Tax Parcel Number(s) of pro~pperty included in this application: 'L 1 ~ 212 3CN.7 c~ ~c Z 17 212 3 ~~ "Z vc~ Zoning District M L Shoreline Designation (if applicable) Comprehensive Plan/Sub-Area Plan Designation Type of on-site structures (give lot numbers) 217 2~'L 3t)~~f> ~ Cyh,~~ " L Zs? 2~23L>~cv : NL~R~`,~ (SHOW LOCATION AND LABEL EACH STRUCTURE ON MAP) WHAT USES ARE PROPOSED FOR THE VACANT LOTS? The uses must 6e; consistent with zoning. X Single Family, on Lots l~ ~ ~ Duplex, on Lots Multifamily, on Lots Commercial, on Lots Industrial, on Lots IF UNDECIDED, LOTS WILL BE REVIEWED FOR ONE SINGLE-FAMILY RESIDENCE PER LOT. Existing sewage disposal: X None X Septic tank (date installed ) Sewer (SHOW ON MAP) rlv;~FL ~~ i7}-~e~'EL /i, Proposed sewage disposal: -None Septic tank Sewer Other Existing water supply: None X Individual well on lot(s) # ~ ~ ~- (SHOW ON MAP) Community Well -- Name of System or Owner Municipal Water System -- Name of Municipality ~ A C,~~ ~ Gty F~ nil A ~`~ r ~5~~`) (:~'1=~ t C Ir , R:\Community Development\Forms &Procedures\BoundLineAdjust\BLA-LLS App.doc 8/t)1 ~ C' L~ `, - v ,~ ~~ 'v '`~ ~v ~w ~, v ~~ Proposed water supply: None Individual Wells _ Community Well -- Name of System or Owner _ _ Municipal Water System --Name of Municipality Special areas on your project site: (Show checked areas on map) _ Creek or Stream _ River _ (Name) - Lake/Pond Cliffs (Name) Has a portion of your project site ever flooded? _ Yes, when? -Swamp/Bog _ Draw/Gully (Name) _ No _ Do not know (If yes, show area on map) BOUNDARY LINE ADJUSTMENTS ONLY }/ 102 5fo0 5F Lot # ~1 ,Lot Area in Square Feet Lot # ~, Lot Area in Square Feet } - 10`L, OOG F Lot # ,Lot Area in Square Feet Lot # ,Lot Area in Square Feet AQTv`iiF',D Does the property being se~di~ided have city/county/state road frontage? - No ~ Yes City of YE~M County - State If yes, name of road l3Cr~R~ vAuEy ~OhO `~~ Right-of--Way width of road frontage ~~ ~J S - `7~F~~F--~ ©- ~ ~E~'y VAU'I/Y ~ If no, width and length of private road, eas mentor right-of-way: ~ ` feet wide by '~ ~ O ` feet long If property to be divided is accessed by a private road, how many other parcels have access by this road? S +>< PhRCELS TAI (Include vacant parcels.) (FOR YELM TOWNHOUSE SHORT PLATS ONLY) 1. For existing townhouse units being short platted: Do the common walls meet building and fire codes? Yes No 2. For proposed townhouse units: Has the applicant submitted the following to the Site Plan Review Committee? _ Yes _ No (If no, your short plat will be held pending the submittal of those items listed below.) A) Building Plans. Typical front and side elevations and exterior architectural treatments of the proposed units. B) Site Plans. Location of buildings in relation to property and lot lines, off-street parking areas, patio and service areas, including garbage disposal areas, landscaping, walls, fences, public and private streets, driveways, all common facilities, open space and walkways. In addition, lot size, percentage of ground coverage and open space shall be included as data on such plan. A topographic map shall also be submitted showing existing and proposed contours at two-foot intervals and which locates existing streams, lakes, marshes and other natural features. The requirement of the topographic map may be waived by the Site Plan Review Committee if it deems it not necessary. None * PLEASE PROVIDE A REDUCED SIZE COPY OF THE SITE PLAN AND/OR BLA, NOT LARGER THAN 11" X 17". 1 ' ~~ y~ ~~ ~~ Recording Requested By I Return To: VIRGIL R BAKER, DARLENE BAKER Po Box 727, YELM, WA 98597 Substitution of Trustee WHEREAS the undersigned, as beneficiary under the Deed Of Trust described below, hereby appoints Peelle Financial of Washington whose address is 197 E. Hamilton Avenue, Campbell, Ca 95008 as successor trustee under the Deed of Trust. Original Beneficiary: PRAIRIE. SECURITY BANK - Original Trustor: VIRGIL R BAKER, DARLENE E BAKER Recorded in Thurston County; Washington, on 12120195 as Instrument ~ 3005800 Date of Deed of Trust: 12114195 Amount of Deed of Trust: 5180000.00 NOW THEREFORE, the undersigned, who is the holder of the above described Deed of Trust in consideration of full payment and satisfaction of the debt secured thereunder, hereby requests that the successor Trustee reconvey to the parties designated by the terms of said Deed of Trust, without warranty, all estate now held by him under the same. Dated: 1111212002 CENDANT MORTGAGF„~ORPORATION DBA PHH MORTId14GE SE IC CORPORATION By: Flpr~( Adams ' As~ Vice President State of California County of Santa Clara On 1111212002, before me, the undersigned, a Notary Public personally appeared Flora Adams, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that ~ her signature on the instrument, the person, or the entity upon bahalf of which the person acted, executed the instrument. Witness my hand and official seal. - .- KIM GORMAN ~ ~~ COMM. 1334697 •y Kim Gorman NOTARY PUBLIC -CALJFORNIA ~ ~ SANTACLARACOUNTY !'• nission Expires 01/11/06 % ~ ~ My Comm.EaplresJAN.tt,2006 Prepared by: E. N. Harrison Peelle Management Corporation, P.O. Box 1710, Campbell, CA 95009-171014081866-6868 LNG 0008038432 ESCROW # 10124102 FINAL RECONDCWA1 90798 Execlid: 911 Inv1~ 465 11112102 01:55:31 46-067 WA Thurston 607:8 6 REMITTER rev: 90798 10008038432 3495242 Page 1 of 1 01! 161~f~03 03 ~ i?9P nape cur Rak~rp M1Rt'. ~ t3A Thurston Co, WR Return Address Document title(s) (or transactions. contained therein): 1. 2. 3. Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. 2. 3. ^ Additional names on page - of document Grantee(s) (Last name, first name, middle initial) - l. 2. - 3. ^ Additional names on page _ of document Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) ^ Additional legal is on page of document Assessor's Property Tax Parcel/Account Number: Form No. 1068-2 ALTA Plain Language Commitment Y n"<<-k~ ti~`~ r-s ._. ~~ ~.~[ Y^+ Policy No.: 4?91-16016 1of12 First American Tit/e Insurance Company Bell Towne Centre, 4200 6th Avenue Southeast, Suite 201, Lacey, WA 98503 (360) 943-9350 - FAX (360)352-7417 THURSTON COUNTY TITLE UNIT DON PETERS - MARK MORGAN MARI BECKLEY TITLE OFFICER - TITLE OFFICER~MANAGER TITLE OFFICER BeveHy Volk Amanda Harvey Escrow Officer Escrow Assistant (360) 491-2441 (360) 491-2441 To: Washington Mu~tua! Bank Order No.: 5201 Evergreen Way, Evr01M1 Your Ref.: Everett, WA 98203 Attn: Lauren Markel) Re: Property Address: 14501 Bevy Valley Road Southeast Yelm, WA 98597 COMMITMENT FOR TITLE INSURANCE Issued by FIRST AMERICAN TITHE INSURANCE COMPANY Agreement to Issue Policy We agree to issue a policy to you according to the terms of this Commitment. 4291-16016 None When we show the policy amount and your name as the' proposed insured in Schedule A, this Commitment becomes effective as of the Commitment Date shown in Schedule A. If the Requirements shown in this Commitment have not been met within six months after the Commitment Date, our obligation under this Commitment will end. Also, our obligation under this Commitment will end when the Policy is issued and then our obligation to you will be under the Policy. Our obligation under this Commitment is limited by the following: The Provisions in Schedule A. The Requirements in Schedule B-1. The Exceptions in Schedule B-2. The Conditions. This Commitment is not valid without Schedule A and Section 1 and 2 of Schedule B. Form No. 1068-2 ALTA Plain Language Commitment SCHEDULE A Third Commitment 1. Commitment Date: October 7, 2002 at 7:30 A.M. Porrcy No_: 4291-16016 2of12 2. Policy or Policies to be issued: AMOUNT PREMIUM Reorganization Rate Extended Mortgagee's Coverage 287,000.00 478.00 Proposed Insured: _ Washington Mutual Bank 3. {A) The estate or interest in the land described in this Commitment is: Fee simple as to Parcel(s) A, an easement as to Parcel(s) B. {B) Title to said estate or interest at the date hereof is vested in: Virgil R. Baker and Darlene E. Baker, husband and wife 4. The land referred to in this Commitment is described as follows: Real property in the County of Thurston, State of Washington, described as follows: Parcel A: TAX 38.24 That portion of the Southwest one-quarter.of the Northwest one-quarter of Section 24, Township 17 North, Range 1 East, W.M. described as follows: Beginning at the Southwest rnrner of said Southwest one-quarter of the Northwest one-quarter of Section 24; Thence Easterly along the South line of said Southwest one-quarter of the Northwest one- quarter, 40 feet to the true point of beginning; Thence North 01°20'06" East 300 feet; Thence Easterly on a line parallel to the South line of said Southwest one-quarter of the Northwest one-quarter of Section 24, 300 feet; Thence Southerty to the South line of said Southwest one-quarter of Northwest one-quarter of Section Z4; Thence Westerty along said South line to the true point of beginning. Form No, lObB-2 ALTA Plain Language Commitment Parcel B: Policy No.: 4291-16016 3 of 12 Anon-exclusive easement for ingress and egress over and across a strip of land 40 feet in width, lying adjacent to and South of the following described line; Beginning at the Southwest corner of the Southwest one-c}uarter of the Northwest one-quarter of Section 24, Township 17 North, Range 1 East, W.M.; Thence North 1°20'06" East 492.33 feet to an angle point; Thence North 57°39'00" East 506.20 feet to an angel point; Thence Northeasterly 92.80 feet the centerline of the County Road known as Berry Valley Road, in Thurston County, Washington. APN: 21724230600 C:..~. A....v:.-~.n T.N.. Form No. 1066-2 ALTA Plain language Commitment SCHEDULE B SECTION ONE REQUIREMENTS The following requirements must be met: Policy No.: 4291-15016 4of12 (A) Pay the agreed amounts for the interest in the land and/or the mortgage to be insured. (B) Pay us the premiums, fees and charges for the policy. (C) Documents satisfactory to us creating the interest in the land and/or the mortgage to be insured must be signed, delivered-and recorded. (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. {E) Releaser(s) or Recorneyance(s) of Item(s): (F) Other: (G) You must give us the following information: 1. Any off record leases, surveys, etc. 2. Statement(s) of Identity, all parties. 3. Other: First Amrri~an TilfP Form No. 1068-2 ALTA Plain Language Commitrnent SCHEDULE B SECTION TWO EXCEPTIONS Policy No_: 4291-16016 5of12 Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction. The printed exceptions and exclusions from the coverage of the policy or policies are set forth in Exhibit A attached. Copies of the policy forms should be read. They are available from the office which issued this Commitment. 1. General Taxes for the. year 2002. The first half becomes delinquent after Apri130th. The second half becomes delinquent after October 31st. Tax Account No.: 21724230600 1st Half Amount Billed: $ 1,205.13 Amount Paid: $ 1,205.13 Amount Due: $ 0.00 Assessed Land Value: $ 30,500.00 Assessed Improvement Value: $ 150,400.00 2nd Haff Amount Billed: $ 1,205.13 Amount Paid: $ 0.00 Amount Due: $ 1,205.13 Assessed Land Value: $ 30,500.00 Assessed Improvement Value: $ 150,400.00 2. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: Virgil R. Baker and Darlene E. Baker, husband and wife Grantee/Beneficiary: Prairie Security Bank Trustee: Charter Title Amount: $180,000.00 Dated: December 14, 1995 Recorded: December 20, 1996 Recording Information: 3005800 (includes other property) According to the public records, the beneficial interest under the deed of trust was assigned to PHH Mortgage Services Corporation by assignment recorded January 3, 1996 as 3007883 of Official Records. 3. Covenants, conditions, restrictions and/or easements, if any, affecting title, which may appear in the public record, including those shown on any recorded plat or survey, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, family status, or national origin, to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes. Form No. 1068-2 Policy No.: 4291-16016 ALTA Plain Language commitment 6 of 12 . _. _. INFORMATIONAL NOTES 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 Frst 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. SW qr., NW qr., Sec. 24, Twnsp, 17 N, Rng. 1 E, W.M. Tax Parcel Number: 21724230600 D. All matters regarding extended coverage has been cleared for mortgagee's policy. The coverage contemplated by this paragraph will not be afforded in any forthcoming owner's standard coverage policy to be issued. Property Address: 14501 Berry Valley Road Southeast, Yelm, WA 98597 Form No. 1068-2 ALTA Plain Language Commitment CONDITIONS Policy Nom 4291-15416 7of12 1. DEFINITIONS (a)"Mortgage" means mortgage, deed of trust or other security instnsment. 11 N (b) Public Records means title records that give constructive notice of matters affecting the title according to the state law where the land is located. 2. LATER DEFECTS _ The Exceptions in Schedule B -Section Two may be amended to show any defects, .liens or encumbrances that appear for the first time in the public records or are created or attached between the Commitment Date and the date on which all of the Requirements (a) and (c) of Schedule B -Section One are met. We shall have no liability to you because of this amendment. 3. EXISTING DEFECTS If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may amend Schedule B to show them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing. 4. LIMITATION OF OUR LIABILITY Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its Requirements. If we have any liability to you for any loss you incur because of an error in this Commitment, our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to: comply with the Requirements shown in Schedule B -Section One or eliminate with our written consent any Exceptions shown in Schedule B -Section Two. We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is subject to the terms of the Policy form to be issued to you. S. CLAIMS MUST BE BASED ON THIS COMMITMENT Any claim, whether or not based on negligence, which you may have against us concerning the title to the land must be based on this commitment and is subject to its terms. Form Na 1068-2 Policy No_: 4291-16016 ALTA Plain Language Commitment 8 of 12 DCiiIBIT A LIST OF PRINTED EXCEPTIONS AND OCCLUSIONS (By Policy Type} 1. GLIWRPQA LAND TIME ASSOCIATION STANDARD COVERAGE POLICY -1990 SCHEDULE B EXCEPTIONS FROM COVERAGE This poluy does not insure against bss or damage (and the ConWaaY will not pay costs. attorneys' fees or ecperees) which anise by reason of: i. Taxes or assessrrrents which are not shown as exsting bens by the records of arty taxing authority that levies taxes or assessments on real Property or by the public records. Proceedings by a Public agent-Y which may result ar taxes or assessments, or notice of such proceedmgs, whether or not shown by the remr~ of such agency or by the public records. 2. Any fads. rights, interesLS, or dairrls which are not shown by ills pubic records but which cordd be ascertained by an itrspeCtion of the land or which may be asserted by persons rn possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are clot shown by the public records. 4 Discrepancies, conflicts in boundary litres, shortage in area, encroachments, or any other facts wh'idt a correct survey would disclose, and which are trot shown by the public records. 5. (a) Unpa[ented mining claurrs; (b) reservations ar excepliorts in Patents or in Ads authoring the iswarrce tflereof; {c) water rights, clalrtts or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public rernrds. ' f]tCLt15IONS FROM COVERAGE which arise by mason The folbwirtg matters are expressly excluded from the cdverage of th6 policy and the Company wiR not pay loss or damage, costs. attorneys' Fees or expenses of: i. (a) Any law, ordrrerrce or 9ovemmental regrdation (including bid trot Tootled to bwldirlg and zor6ng taws, ordinances, or regulations) restricting, regulating, Drohfbiting or re ta {i) the occupancy, use, or enjbyment of the fond: (G) the character, dimensions or location of arty improvement nav or hereafter erected on the land; (b~ a separation m ownership or a change in the dimensions or area of the land or am/ parcel of whicft the land is or was a part; or (iv) environmental protection, or the effect of arty violation of These taws, ordxanrces or governmental regulatiore, except to the extent that a notice of the enforcement Hereof or a rrotice of a defect, lien or errtumbrance restrking from a violation or aNeged vblatbn affecting the laird has been recorded in the pub& rewrds at Date of Policy. {b) Any govemmerrt~ police power not excluded by (a} above, except to the extent that a notice of the exercise thereof or a notice of a defect, Gen or encumbrance resulting from a violation or alleged volation affecting the lartd has been recorded in the public records al Date of Policy. 3. Rights of eminent dotrein unless trotice of the exerese thereof has been retarded m the Public records at Dale of Policy, but not excludng From coverage any taking which has occurred prior W Date d Pdicy whiff would be binding on the rights of a purchaser for value wdhout knowledge. 4. Defects, Gees. encumbrances, adverse dairtrs or other matters: (a} whether or not recorded in the public records at Date of Polity. but seated, suffered, assumed or agreed Lo by the insured claimant; (6) not knomt to the Company, trot recorded in the Public records at Date of Policy, but known to the insured daknant and not disclosed in writng to the Comparry by the insured dahnant Drior to the date the insured claimant became an insured under this polity: (c) resulting in rro loss ar damage to the insrred tla'unani; (d) attaching or seated sr~querrt to Date of Policy: or (e) resuting in loss or damage which would rot have been 5ustaMed iF the insured claimant had Paid 'slue for the insured nwRgage or for the estate or interest insured try this polity. 5. Unenforceab Gty of the Gen of the instmed mortgage beouse of ttre inability or failure of the insured at Date of Policy, or the inabrTity or failure of arty subsequent owner o the indebtedness, to comply wih applicable °doirg business" laws of the state in which the land is situated. 6. Imalidiry or tmenforceabRiry of the Ilen of the insured mortgage, or dam thereof, which arises out of the traruadlon evidenced by the insured mortgage and i5 based upon usury or arty consumer credit protection or truth in lending law. 7. Airy claim, vrhiclt arises out ~ the trarrsactfon vesting in lire irwtred the estate or interest insured by their polity or the transaction treating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. L AMERIGN LAND TIRE ASSOCIATION OWNER'S POLICY FORM 8 -1970 SCHEDULE OF EXCLUSIONS fT10M COVERAGE i. Arty law, ordmance or governmental regulation (including but not limited to building and zoning ordinances) restrcing or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the draracter, drmertsions or location of arty improvement now or hereafter erected on the land, w Drohibiting a separation in ownership or a reduction in the dxrtetsiorrs of area of the fond, or the effect of arty violation of arty such law, ordinance or governmental regulation. 2. Rights of errtktetrt dorrrairt or goverrrrnentai rights of Police Power unless notice of the brerdse of such rights appears in the public records at Date of Pdictr. 3. Defects, liens, etxxrmbranxes, adverse claims, or outer matters (a) created, suffered, assumed or agreed to by the insured claimant (b) oat known to the Cornparry and trot shown by the public records but known to the insured Claimant either at Dale of Policy or at the date such daanant acquired an estate or interest insured by this polity and not disrJosed in wrr 'tag by the insured claimant to the Company Prior to the date such inwred claimant became an insured hereunder, (c) resulting in no Toss or damage Lo the insured claimant (d) attadring or vested subsequent to Dale of Pdicy; or (e) resulting in loss or damage whidt would trot have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B -1970 tAIITH REGIONAL EXCEPTIONS When the Amerimn Land Title Assodation polity is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exdrsions set forth in paragraph 2 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does trot insure against loss or damage by reason of the matters shown in parts one and two fotlowing: Part One i. Taxes or assessments which are not shown as existing liens by the records of any taxgtg authority that levies taxes or assessments on real property or Uy the public recor s. Z. Any tads, rights, interests, or da'rms which are not shown by the public records but which could be ascertained by an inspection of said land or Dy making inquky of persons in possession thereof. 3. EasemerrLt, claims of easement or encumbrances which are trot strown by the public records. 4. D'tsvepanrdes, conflicts in boundary Rees, shortage in area, encroadtments, or arty other facts which a rnrrect wrvey would discbse, and which are no: shown by Public records. 5. Unpatented mining dawns; reservations or exceptions in patents or in Acts authorizing the issuance [hereof: water rights, claims or title to water. 6. Any lien, or right to a lien, for services, Tabor or material heretofore or hereafter furnished, xnposed by law and not shown by the public records. 4. pMERIGN LAND TITLE ASSOCIATION LOAN POLICY -1970 WITH A.LT.A. ENDORSEMENT FORM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE t. Any law, ordinance or governmental reguation (including but not limited to burTding and zorring ordinances) restricting or regulating or protribitirg t o in ownersli~ a reduction n of the facrd, or regulating the character, durtersiorts or Iocalbn of arty improvement now or hereafter erected on the land, or prohibiting a separatio the denensiorts or area of the bnd, or the effect of any violal'ron of arty such law ordinance ar govemmerrtal regulates the PuaK records at Date of Potty. 2. Rights of eminent domain or goverrtrrreMai rights of police power unless notice of the exercise of such rights apps 3. Defects, liens, encumbrances. adverse claims, or other matters (a} sealed. suffered, assumed or agreed to by the insured claimant. {b) oat known to the Comparry and not shown by the public records but known to the otstrred Claimant ether at Date of Pofrcy or at the date such claimant acgtrired an estate or krterest insured by tNs Do~Y m ,ttgrnred the insured mortgage and trot dacbsed in writing M the insured claimant to the Company Prior to the date such insured claimant became an insured hereunder, (c) resuRing in rro toss or damage to the insured claimant; (dj attaching or created subsequent to Date of Policy (except to the extent insurance is afforded trerein as to arty statutory Get' for latxx or material or to [fie extent insurance is afforded herein as to assessments fa street irrtprovemerrts under construction or completed at Date of Polity). with aPD6cable 4. Unenforceatxhty of the lien of the insured mortgage because of Faihrre of the insured at Date of Polity or of any subsequent owner of the indebtedness to comply "doing business" Wws of the state in which the land is situated. Form No. 1068-2 ALTA Plain Language COmfttlhTlEttt Policy No.: 4291-16016 9of12 s. AMERICAN LAND TITLE ASSOCIATION LDAN POl1CY -1970 WITH REGIONAL EXCEPTIONS When the American land Tide Associatlwr Lenders Policy 's used az a Standard Coverage Policy and not az an Extended Coverage Policy, the exdusions set forth in paragraph 4 above are used and the folkwving excepCars to coverage appear to the policy. SCHEDUL£ 8 This policy does not insure against ass w damage by reason of the matters shown in parts one and two following: Part tAu: 1. Taxes or azsessrnertts which are not shown az existing lieu by the records of arty taxing authority that levies taxes w assessnartts on real property or try the public records 2. Any facts, rights, interests, w clamors vvttidt are not shown by the public records but which could be ascertained by an inspection of said lend or by making ercitriry of persons in posstssion thereof. 3. Easements, doers of easement or ertcvnbrartces whidt are trot shown by the P~ records. 4, Disseparrdes, Mnflids in boundary lines, shortage in area, encroachments, or arty other fads which a coned wrvey would dsdose, and which are not shown by public records. S. Unpatertted meting dams, reservatlws w etceptiors in patents or in Ads autimrizing the issuance thereof; water rights, claims or 6tie to water. 6. Any lcen, w right to a lien, for services, labor w material theretofore or hereafter famished, imposed by law and not shown by the public records. 6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1992 WITH A.LT.A. ENDORSEMENT FORM 1 COVERAGE EXCLUSIOitIS FROM COVERAGE The foiktwerg matters are arpressly exduded from the coverage of this policy and the Company wiN rtor pay less or damage, costs, attorneys' fees or expenses whkh arise by reason of: 1. (a) Arty law, ordetanoe or govemmentat rtgtdatbn (includet9 tort not lrnited to building and zoning laws, ordrrtartcaz, or regulations) restricting, regrrlatetg, prohbiting or relating to (i) the ooarpancy, use, or enjoyment of the fatal; (ii) the tharader, d~mersiors or location of arty Improvement raw or hereafter erected on the land; (Gi) a separation in rnvrtership w a change in the dimor-sbns ar area of the land w any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these Wtrrs, ordutiazxes w goverimental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or ercumbrance resulting from a violatibn ov alleged valatiwr affecting the land has been recorded b the public records ~ Date of Policy; (b) Any gwemrnental polite power not excluded by (a} above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a valation or a8eged vroladon affecting the lard haz been recorded in the public records at Date of Poflcy. 2. Rights of eminent domain unlazs notice of the Pxerdse tFtweof has been recorded a Ute public records at Date of Policy, btN not exdtding from coverage arty taking whkh has ocarrred prior to Dale of Policy which would be belling on the rights of a purdtaser for value without knowledge. 3. Defects, hers, ennanbrartces, adverse daims, or other matters: (a) whether w not recorded In the public records at Gate of Policy, but seated, suffered, aswmed or agreed to by the insured claimant; (b) not known to the Company, rat recorded in the public records at Date of Poficy, but known to the insured claimard and not discbsed in writing to the Company by the insured claenartt prior W the date the irtsrxed claimant became an insured under this policy: (c) resulting in no kiss or damage to the insured dadmant; (d) ataadting w seated wbsequatt to Date of Policy (except to the extent that tha pdky inwres the priority of the Gen of the insured mortgage wet any statutory Bert for services, labor a material a Ure extent inwrance is afforded herein az to assessments for street improvements under construction or completed at date of policy); or (e) resuitirtg b loss ar damage which would not have been srstained f the irtstrred daimaM had paid value for tf>e insured mortgage. 4. UnerdwceabEity of the Gen of the instred mortgage beouse of the inability or failure of the etsrrred at Date of Policy, w the inaMlfty or failure of arty subsequent owner of the indebtedness. to comply with the applicable "doing business" laws of the state in which the land a situated. S. Invalidity or tmenforceabGRy of the lien of the kistrred mortgage, or dolor thereof, whidt arises out of the transaction evidenced by the insured mortgage and is based upon usury or arty cwsurner sedit protection w truth in lending law. 6. Arty statutory Gen for services, labor or materials (or the darn of priority of any statutory lien for services, labor or materials over the Gen of the insured mortgage) arising from an improvement or work related to the land wtitdr is contracted for and commenced subsequent to Date of Policy and a not financed a wtrole w in part by proceeds of the indebtedness secured by the insured mortgage whidt at Date of Pdky the insured has advanced w is obligated to advance. 7. Arty dolor, which arises out of [he trarsaction creating the interest of the mortgagee insured by this policy, try reason of the operation of federal bankruptcy, state insolvency, or similar seditors' rights taws. that i5 based on: (i} the transadiort creating the interest of the insured mortgagee being deemed a fraudtdem rnweyance or fraudulent transfer, or (w) the subordlnaUOn of the interest of the enured mortgagee az a rewk of the applicatbn of the doctrine of equitable subordinaCan; or (nr) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failue: (a) to Caney record the insutunen[ of transfer, or (b) of such recordation to impart ratite to a purchaser for value or a judgment or lien creditor. 7. AMERICAN LAND TIRE ASSOCIATION LOAN POLICY -1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Cwerege Policy and not az an Extended Coverage Policy the exclusions set forth in paragraph 6 attwe are used and the fdbwing exceptions to coverage appear in the policy. SCHEDULE 6 This policy does not insure against bss or damage (and the Company wip not pay costs, attorneys' tees or expenses) which arise try reason of: 1. Taxes w assessnitertts whkh are rat sMwn az ezlsting liens by the records of arty taxing authority that levies [axes or assessments on real property or by ttre public records. 2. Arty fads, rights, interests, a 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 persons in possession thereof. 3. Easements, chins of easement w encrmbrartces which are rat shown by the WbGc records. 4. Disaepandes, contlkYS in boundary Imes, shortage in area, encroarJurtents, or arty other fads which a cortect wrvey would tiisdose, and which are not shown bT publik records. 5. UnpateMed meretg darns; reservatbns or exceptbns in patents or In Ads aWftorizing the ksuance thereof; water rights, claims or title to water. 6. Arty lien, or right to a Ilen, for services, labor w material theretofore or hereafter famished, imposed by law and not shown try the Public records. 8. AMERICAN LAND TALE ASSOCIATION OWNL.R'S POLICY -1992 OCCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Comparry will not pay bss w damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Arty law, ordinance or governmental regulation (inducting but not limited to bwiding and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i} the acupartcy, use, or enjoyment of the land; (ii) the character, dmensions or bcation of arty improvement now or hereafter erected on the land; (iii) a separation in avnr'rstrip w a change in the dxnensans w area of the land or any parcel of whkh the land is or was a part: or (m) ernironmental prIXecibn, or the effect of any vioWtion of these laws, ordxrartces or gwemmentai regulations, except to the extent [hat a ratite of the enforcement thereof or a rrotke of a defect, lien or encumbrance resuphg from a vitiation w a0eged violation affecting the land has tteen recorded in the public records at Date of Policy. (b) Arty 9wernmerNal pollee power not excluded try (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbtance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain artless notice of the exercise thereof haz been recorded in the publk records at Date of Policy, but not exciud'rng from coverage arty taking which ttaz occurred prior to Date of 1tOGcy which would be binding on the rights aF a purctaser for value without knowledge. 3. Defects. liens, encumbrances, adverse claims, w other matters: (a) seated, suffered, asstinted or agreed to by the insured claimant (b) not known to the Company, not recorded in the PtiWic records at Date of Polley, but kravm to the insured claimant acct not disclosed In writing to the Comparry by the insured claimant prat to the date the Insured claimant became an insured under this policy; (c) resulting in no bss or damage to the insured claimant; (d) attaching or created subsequent W Date of Pokcy; w (e) resoling M loss or damage whkh would not have been sustained if the inwred claimant had paid value for the estate or interest insured by this policy. Forrft No. 1068-Z Policy No.: 4291-16016 ALTA Plain Language Comm'itmertt 10 of 12 4. Any claim, which arises out of the transaction vesting in the insrred the estate or interest insured by iha policy, by reason of the operation of federal bankruptcy, state insolvency, or similar aeditors' rights laws, thM "s based on: (i) the trarrsaztion seating the trrterest of the instaed mortgagee beim3 deemed a fraudulent conveyance w fraudulent transfer, or (G) the transaction ueating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential trarsfer tesuRs from the faGure: (a) to tknely record the ir>strument of transfer, or (b) of such recordation to impart nonce to a purchaser for vahre or a judgment or lien seditor. 9. AMERICAN LAND TITLE ASSOCIATION OtMNER'S POLICY -1992 WITH REGIONAL EXCEPTIt3NS When the Amerkan land Title Assonafmn poGry rs used as a Standard Coverage Potty and not as an Extended Coverage Policy ffie exclusions set forth in paragraph 8 abo+re are used and the fdbwing exceptions to coverage appear in the poGcY• SCHEDULE 8 This policy does rrot insure a~krst loss or damage (and the Company wN not pay costs, attorneys' fees or expenses) which arise by reason oF: Part One' hems the records of arty taxing authordy that levies taxes or assessments on real property or by the public rernrds. 1. Takes or assessments which are cwt shown a5 existing ~ ln/ L Arty facts, rights, inter. or claims which are not shown by the public records but which could be ascertained by an inspection of said lard or by making inquiry of persons in Porn tt~eof. 3. Easerrrerris, dams of,easement or errctmbrarxes whkfrare not shown by the Public records. 4. D'rscrepandes, conflicts in boundary lines, stwrtage in area, ensoadtmertts, or any other facts which a correct survey would disclose, and which are not shown by Public records. 5. Unpatented mining claims resenratbfrs or exceptions in patents or in AQS aWltorbing.tjre'tssuance thereof water rigtKS, datrns or Orie to water. law and rot shown by the public records. 6. Any Gen, or right to a Ifen, for services, gtior or material theretofore or hereafter famished, imposed by lD. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY - 1987 EXCLUSIONS In addaion to the Exceptions in Sdudule B. you are cwt irmued agair>St toss, ~, attorneys' fees and expenses resuhin9 from: i. Goverrvnental police power, and the existence or violation of arty law or govemment regrdation. Ttris includes buGding and Zoning ordinances and also taws and regulations corrccrrung: • land division • land use • improvements on the land • erwuonmental protection This excluswn does not apply to violations or the enforcement of these matters wtdch appear in the publie retards at Policy Date. This exclusion does not 1"rrrq the zoning coverage described in items 12 acrd 13 of Covered Title Risks. 2. The right to take the bard by cordenmh+g it. unless: • a rotice of exercisag the right appears in the publik records on the Policy Oate • the taking happened prior to the Polfcy Date and is binding on you A You bought the land without knowing of the taking. 3. Title Risks: • that are created, aGowed, or agreed to by you • that are known to you, but not M us, on the Policy Date -unless they appeared in the publik records • that result in ro bss to you • that first affect your bile after the Policy Date -this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Farhrre to pay value for your tdle. 5. Lack of a right: • to arty land outside the area specificaGy described and referred to in Item 3 of Schedule A, or • in streets, alleys, or waterways that touch your land This exclusion does not limit the a¢ess coverage in Item 5 of Covered Tttle Risks. 1L EAGLE PROTECTION OWNER'S POLICY CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE -1998 ALTA HOMEOWNER'S POLICY OF TITLE DVSi1ftANCE - 1998 Covered Risks 14. (Subdivision Law Vwlation). 15. (Building Perrnil) 16. (Zoning) and 18. (Encroachment of twundary walls or fences) are subject to Deductible Amounts and Maximum Dollar limits of Liability EXCLUSIONS In addition to Exceptions in Schedule B, you are not insured agakrst loss, costs, ariomeys' fees, and expenses resulting from: i. Governmental police power, and the existence or violation of arty law or government regulation. This includes ordinances, taws and regulations concerning: a. txrildmg b. zoning G bnd use d. improvements on the land e. land dwisan f. emiirorvrrenWl protection This exclusion does not aDDN to violations or the enforcement of these matters if notke of the violation or erdorcement appears in the Public Records at the Policy Date. This exclusion does tort GrnR the coverage descrbed kr Covered R~sir 14, 15, 16, 17 or 24. 2. The faGure Of Your existing structures, or arty part of them, to be mrstrtxted in accordance with app-icable building codes. This Exclusion does rroi apply Io violations of tnrilding codes if not'Ke of the violation appears in the Public Records at the Polxy Date. The tight to take the land by condemning it. unless: a. a notice of exercising the right appears in the PublK Remtds at the Policy Date: or b. the taking happened before the Policy Date and is binding on you if You bought the Land without KtWwing of the taking. 3. Rrsks: ar in the Public Records; a. that are ueated, aGovved, or agreed to try You, whethtr or not they appe b. that are Known to You at the Policy Date, lxd not to Us, unless they appear in the Public Records at the Policy Date; c. that result in ro bss ro You; or d. that fkst occur after the Policy Date -this does not limit the coverage desuibed in Covered Risk 7, B.d, 22, 23, 24 or 25. 4. fare to pay value For Your Title. 5. lack of a righC a. to arty Land outside the area specificaGy described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the land. This exclusion does rot lunit the coverage desm'bed in Covered Risk 11 or 18. Form No. 11168-2 ALTA Plain Language Commitment 12. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1992 WITH ALTA ENDORSEMENT FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE Policy No.: 4291-16016 liofl2 The following matters are expressly excluded from the coverage of th's pocky and the Company will not pay bss or damage, costs, attorneys' fees or expenses which arise try reason of: 1. (a) Arty law, ordinance or goverrunentai regrdation (irrdudmg but not Gmked to budding and inning laws, ordinances. or regutatiora) restrktieg, regulating, Prohib+Tmg a relating to (i) the ooapancy, use, or enjoyment of the land; (u the character, dimeraions or location of arty improvement now or hereafter erected on the Larrd; CH) a separation in ownershKe or a datrge in the dinensbns or area of the land or arty parcel of vrlHdt the Land is or was a part or (iv) emriromrental protection, w the effect of arty vbktion of these laws, onGn~ces a governmental regulations, except to the extent that a notke of the enforcement thereof or a notice of a defect, seen or encumbrance resulting from a violation or alleged violation affecting the Land has been recorded in the Public Records at Date of Policy. 7tris exdtaion does not limit the coverage provided under irarrring provisions 14, 15, 16 and 24 ~ this policy. (b) Arty govemreentat police power rrot exduded M (a) above, except to the extent that a notice ~ the exerase thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged vidalion affecting the Land has been recorded m the Public Records at Date of PoUcy. This excltsion does not Grntt the mverdge provided under insuring provisions 14, 15, 16 and 24 of this policy. 2. Rights of eminent domain rayless notice of the Exercise thereof has Deer recorded m tix Public Records at Date of Policy, but not exduding from coverage arry taking which has occurred prior to Date of Policy which would be binding on the riglgs of a purchaser for value wkhout Knowledge. 3. Deists, Uarrs, encunUNances, adverse claims or other matters: (a) created, suffered, assrmed or agreed to by the tnsaaed Cfairrant (b) rot known to the Company, not recorded in the Pubic Records at Date of Porky, but Known to the Iratrred Claimant and rrot dscbsed in writing to the Company by the Insured Claimant prior to the date the Iraured Ciaineant became an Latsed urxler this policy; (c) resuking N no bss or damage to the Insured Claimant (d) attadmimg or vested svbsecprent to Date of Policy (NHS paragraph (d) does not Gmk the coverage Provided under insuring provtsions 7, 8, 16, 17, i9, 20, 21, 23, 24 ark 25); or (e) rewMng Dt loss or damage which would rot have been stestaired f file Iramered Claimant had paid value for the Insured Mortgage. 4. Unenforceab'A'rty of the 1bn of the Iraured Mortgage because of the inability or failure of the insured at Date of PoGq, or the inability or faUure of any subsequent owner of the indebtedness, to cdnply wkir applicable doitg business laws of the state in whldt the land is skrrated. 5. Invalidity or unerJarceabiGty of the Gen of the Insured Mortgage, or claim thereof, wtiidt arises out of the traraactbn evidenced by the insured Mortgage and a based upon: {a) usury, excea as provided untkr insuring provision 10 of this policy; or (b) arty coraurrmer cred3 proteQion or truth in lending law. b. Taxes or assesarments of any taxing or assessment auttmority which become a Gen on the Land subsequent to Date of Policy. 7, Any dam, which arises otR of the transaction creating the interest of the rmwrtgagee insured DY Nis policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that a based on: (a) the transaction seating the interest of the insured mortgagee being deemed a fraudulent rnnveyance or fraudulent bansfer, or (b) the subordination of the interest of the insured mortgagee as a resuk of the applioiton of the doctrine of equitable subordination; or (c) the transaction creating the interest of the tnwred mortgagee befog deemed a preferential transfer except where the preferential trarsfer results from the failure: (i) to timely record the iatrument of transfer, or (G) of such recordation to impart notice [o a purdaser for value or a judgment or lien creditor. 8. Arty dais of irnalidity, unenforceabUity or lade of priority of the Gen of the Insured Mortgage as fp advances or modifuatons made after the Insured has Knowledge that the vestee slwwn in Schedule A s no longer ttme owner of the estate or interest covered by this policy. This exclusion does not linmk the coverage provided under inuring provision 7. 9. lack of priority of the Gen of the Insured Mortgage as to each and every advance made okay Date of Policy, and all interest dearged thereon, over Dens, encumbrances and other matters affecting title, the existence of which are Known to the Insured aL• (a) The tine of the advance; or (b) The time a modQkation 's made to the terms of the Insured Mortgage which changes the rate of interest charged, if the rate of interest is greater as a result of the modifioton flan it would have been before ttre modification. This exdusorm does not link the coverage provided under insuring provision 7. 5CHEDULE B This policy does not insure agairat bss or damage (and the Comparry will not pay costs, attorneys' fees or expenses) whkh arise by reason of: 1. Erniormmental protection tiers provided tot by the following existing statutes, which liens wiG have priority over the lien of the Insured Mortgage when they arise: NONE 13. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1992 W1lTH EAGLE PROTECTION ADDFD WITH REGIONAL EXCEPTIONS When the American Land Tkle Association town policy with EAGLE Protection Added is used as a Standard Coverage Policy and nor as an Extended Coverage PlUcy Ne exdusians set forth to paragraph 12 above are used and the following exceptiora to coverage appear in the poky. SCHEDULE B Ths policy does not insure assist loss or damage (and the Comparry will oaf pay costs, attorneys' Fees or expenses) which arise hY reason of: Part One: 1. Taxes a assessments which are not shown as existing Gera by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Arty (acts, rights, Mterests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or W making inquiry of persore in possessan thereof. 3. Easements, dairy of easement or enaunlaarmrxs which are not shown by the public remrds. 4. Disveparmcies, conflicts in boundary lines, shortage in area, ermcroacitrtments, or any other fads which a correct survey would dcsclose, and which are not shown by public records. 5. Unpatented mining claims; reservatiora or exceptions in patents or in acts authoring the issuance thereoF, water rights, claims or title to water. 6. Am/ Nen, a right to a lien, for services, labor a material theretofore or hereaker Famished, imposed by caw and not shown by the public records. Part Two: 1. Emionmental protection liars provided for by the following exlstirg statutes, which liens will have priority over the lien of the Insured Mortgage when they arr5e: NONE Form No. 1068-2 ALTA Plain Language Commitment .{ !a \1 F,Xr . `~:~ { y '/ L 7! ~~ {~~ Policy No.: 4291-16016 I2 of 1Z First American Title Insurance company Bell Towne Centre, 4200 6th Avenue Southeast Suite 201, Lacey, WA 98503 (360}943-9350 - FAX (360}35Z-7417 PRNACY POLICY We Are Comrpitted M Safeguarding Customer Information In order to better serve your needs now and in the future, vice may ask you to provide us with cerbin 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 wrth our parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal informaton. Appligbiiity 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: Rrst American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American Alts these guidelines its Fa/~Infonnabon t/a/ues, 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 appliptions, 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 wnsumer 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 permr~ked by law. We may, however, share such information indefinitely, indud'rng 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 financal 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, have warranty companies, and escrow companies. Furthermore, we ma 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 empkryees and agents to ensure that your information wiN be handled responsibly and in accordance with this Privacy Policy and First American's Fairlnformation Va/ue~ We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. ~+ 2001 The Frst Ameripn Corporation • All Rights Reserved C_.._....___ ,:.,_ 3315 PACIFICAVE SE #D-iB, OLYMPIA, WA 98501 PLAT CERTIFICATE Order No.: 2019697 Certificate for Filing Proposed Plat: In the matter of the plat submitted for our approval, this Company has examined the records of the County Auditor and County Clerk of THURSTON County, Washington, and the records of the Clerk of the United States Courts holding terms in said County, and from such examination hereby certifies that the title to the following described land situate in said THURSTON County, to-wit: SEE SCHEDULE A {NEXT PAGE) VESTED IN: BARBARA E. SOETEBER, ALSO APPEARING OF RECORD AS BARBARA ELLEN SOETEBER, AS HER SEPARATE ESTATE EXCEPTIONS: SEE SCHEDULE B ATTACHED CHARGE: $ 3 0 0.0 0 TAX: $25.20 Records examined to APRIL 10, 2003 at 8:00 AM MARK A KARJALAHTI Title Officer (3601456-7878 P V~TCRTA/RDAl~`~ CHICAGO TITLE INSURANCE COMPANY PLAT CERTIFICATE SCHEDULE A (Continued) Order No.: 2019697 LEGAL DESCRIPTION THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 24, TOWNSHIP 17 NORTH, RANGE 1 EAST, W.M., LYING SOUTH OF THE SOUTH LINE OF THAT CERTAIN PROPERTY AS DESCRIBED IN DEED RECORDED AUGUST 14, 1997 UNDER AUDITOR'S FILE N0. 3103536 AND WEST OF THOMPSON CREEK (ALSO KNOWN AS DRAINAGE DITCH). EXCEPT THAT PORTION AS DEEDED TO THURSTON COUNTY UNDER AUDITOR'S FILE NOS. 812828 AND 812829; _ ALSO EXCEPT THOSE PORTIONS AS DESCRIBED tN~INSTRUMENTS RECORDED UNDER AUDITORS FILE NOS. 867804, 896248, 1028560, 8305200099 AND 3002265. IN THURSTON COUNTY, WASHINGTON PI.A"fC R'17/RDA/Q949 CHICAGO TITLE INSURANCE COMPANY PLAT CERTIFICATE SCHEDULE B Order No.: 2019697 This certificate does not insure against loss ar damage by reason of the following exceptions: GENERAL EXCEPTIONS: A• 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 for value of rer:ord the estate or interest or mortgage thereon covered by this Commitment. B. Rights or claims of parties in possession not shown by'the public records. C. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the premises. D. Easements or claims of easements not shown by the public records. E. Any lien, or right to lien, for contributions to employee benefit funds, or for state workers' compensation, or for services, labor, or material heretofore or hereafter furnished, all as imposed bylaw, and not shown by the public records. F. Liens under the Workmen's Compensation Act not shown by the public records. G. Any service, installation, connection, maintenance or construction charges for sewer, water, electricity or garbage removal. H. General taxes not now payable; matters relating to special assessments and special levies, if any, preceding or in the same becoming a lien. I. Reservations or exceptions in patents or in Acts authorizing the issuance thereof; Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes. J. Water rights, claims, or title to water. K. THIS REPORT IS ISSUED AND ACCEPTED UPON THE UNDERSTANDING THAT THE LIABILITY OF THE COMPANY SHALL NOT EXCEED ONE THOUSAND DOLLARS($1000.00). PLATCRTB/RDA/INJ99 CHICAGO TITLE INSURANCE COMPANY PLAT CERTIFICATE SCHEDULE B (Continued) Order No.: 2019697 EXCEPTIONS A B C D E 1. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT iF UNPAID ON NOVEMBER 1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES): YEAR: 2003 TAX ACCOUNT NUMBER: 21724230200 LEVY CODE: 170 ASSESSED VALUE-LAND: $ 28,950.00 ASSESSED VALUE-tMPf20VEMENTS: $ 60,900.00 GENERAL & SPECIAL TAXES ...~ BILLED: $ 1,181.42 PAID: $ .00 UNPAID: $ 1,181.42 2. RIGHT, TITLE AND INTEREST OF DELYNN BARBARA HOBART AS DISCLOSED BY DEED RECORDED JULY 18, 2001 UNDER AUDITOR'S FILE N0. 3366109. NOTE: SAID DEED DOES NOT CONTAIN PROPER LANGUAGE OF CONVEYANCE. 3. JUDGMENT: AGAINST: IN FAVOR OF: FOR: ENTERED: AUDITORS FILE NOS: DISTRICT COURT CRUSE NUMBER ATTORNEY FOR CREDITOR: DELYNN HOBART GREENWOOD TRUST COMPANY $ 6,873.20 MAY 21, 1997 3112599 AND 3136865 44701 JOHN P. PLOVtE 4. EASEMENT AFFECTING A PORTION OF SAID PREMISES AND FOR THE PURPOSES STATED THEREIN: IN FAVOR OF: PUGET SOUND POWER & LIGHT COMPANY PURPOSE: ELECTRIC TRANSMISSION AND DISTRIBUTION LINE AND APPURTENANCES THERETO RECORDED: MARCH 16, 1931 RECORDING NUMBER: 237549 AND 237551 AFFECTS: SAID PREMISES AND OTHER PROPERTY 5. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON PROPERTY HEREIN DESCRIBED AS GRANTED IN DEED: GRANTEE: RECORDED: THURSTON COUNTY PLATCRTBI/KnA/0999 CHICAGO TITLE INSURANCE COMPANY PLAT CERTIFICATE SCHEDULE B (Continued) Order No.: 2019697 RECORDING NUMBER: 812828 AND 812829 f 6. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE: INGRESS, EGRESS AND UTILITIES AREA AFFECTED: PORTION OF SAID PREMISES RECORDED: JUNE 12, 1972 AND FEBRUARY 28, 1978 RECORDING NUMBER: 867804, 1028560 AND VRRIOUS INSTRUMENTS . OF RECORD 1 7. ANY QUESTION THAT MAY ARISE DUE TO SHIFTING AND CHANGING IN THE COURSE OR BOUNDAf~tES OF THOMPSON CREEK. END OF SCHEDULE B PLATCRBLRDA/D99D Boundary Line Adjustment LEGAL DESCRIPTION OF PARCELS Parcel A That portion of the Southwest Quarter of the Northwest Quarter of Section 24, Township 17 North, Range 1 East, W.M., lying South of the South line of that certain property as described in deed recorded August 14, 1997 under Auditor's File No. 3103536 and west of Thompson Creek (also known as drainage ditch). EXCEPT that portion as deeded to Thurston County under Auditor's File Nos. 812828 and 812829; ALSO EXCEPT those portions as described in instruments recorded under Auditor's File Nos. 867804, 896248, 1028560, 8305200099 and 3002265. ALSO EXCEPT a strip of land 40 feet in width, lying adjacent to and Easterly of the following described line; Beginning at the Southwest corner of the Southwest Quarter of the Northwest Quarter of said Section 24; Thence North 1°20'06" East a distance of 300 feet to the terminus of this description. The Southerly and Northerly limits of said strip of land to be coincident with and parallel to the South line of the Southwest Quarter of the Northwest Quarter of said Section 24. SUBJECT TO anon-exclusive easement for ingress, egress and utilities, over, under and across a strip of land 40 feet in width, lying adjacent to and South of the following described line; Beginning at the Southwest corner of the Southwest Quarter of the Northwest Quarter of Section 24, Township 17 North, Range 1 East, W.M.; Thence North 1°20'06" East a distance of 300 feet to the True Point of Beginning; Thence continuing North 1°20'06" East a distance of 192.33 feet to an angle- point; Thence North 57°39'00" East a distance of 506.20 feet to an angle-point; Thence Northeasterly a distance of 92.80 feet to the centerline of the County Road known as Berry Valley Road. The Southerly limits of said easement to be parallel with the South line of the Southwest Quarter of the Northwest Quarter of said Section 24. Situate in the County of Thurston, State of Washington. Subject to easements, restrictions and reservations of record. ~: Boundary Line Adjustment Parcel B That portion of the Southwest Quarter of the Northwest Quarter of Section 24, Township 17 North, Range 1 East, W.M. described as follows: Beginning at the Southwest Corner of said Southwest Quarter of the Northwest Quarter of said Section 24; Thence North 01°20'06" East a distance of 300 feet; Thence Easterly on a line parallel to the South line of the Southwest Quarter of the Northwest Quarter of said Section 24 a distance of 340 feet; Thence South 01°20'06" West a distance of 300 feet to the South line of said Southwest Quarter of the Northwest Quarter of said Section 24; Thence Westerly along said South line to the point of beginning. SUBJECT TO anon-exclusive easement for ingress, egress and utilities, over, under and across the North 20 feet of the above described Parcel B. TOGETHER WITH anon-exclusive easement for ingress, egress and utilities, over, under and across a strip of land 40 feet in width, lying adjacent to and South of the following described line; Beginning at the Southwest corner of the Southwest Quarter of the Northwest Quarter of Section 24, Township 17 North, Range 1 East, W.M.; Thence North 1°20'06" East a distance of 300 feet to the True Point of Beginning; Thence continuing North 1°20'06" East a distance of 192.33 feet to an angte- point; Thence North 57°39'00" East a distance of 506.20 feet to an angle-point; Thence Northeasterly 92.80 feet to the centerline of the County Road known as Berry Valley Road. The Southerly limits of said easement to be parallel with the South line of the Southwest Quarter of the Northwest Quarter of said Section 24. Situate in the County of Thurston, State of Washington. Subject to easements, restrictions and reservations of record. I hereby certify that the above legal descriptions are accurate and in compliance with the Subdivision Code. Said descriptions are not based upon a Recorded Survey. Submitted this 29 "~ day of ~Y pEN~tS R. t3AKER~ ~LrJ Name of Title Company of Surveyor 2003. ,~ e ~- Signature 14 13 2324 PARCEL N0. 21724230105 SpvT31p353 SWO ~~ O~op ~ PPP2A2~ ~P BOUNDARY LINE ADJUSTMENT BOUNDARY LINE ADJUSTMENT MAP PORTION OF: SW1/4, NW1/4, SEC.24, T17N, R1E, W.M. DANIEL & JEANNE HUFFMASTER~ti, ~~-~-~--DF ~ ELL D NELY HOUSE/ , 92'8 ~O 2, j PARCEL N0. 21724230900 21~ 0P~ A0 w ~~Q,P ~ 0g~o gip' o O ,~Q~P~' p0'~ ~, ~ PARCEL N0. ~ - 21724230700 z m N ERNEST BUNNELL NEAP ~ QCD 1028560 LINE . _ ~ I PARCEL N0. ~` ~' 21724230600 VIRGIL ~ DARLENE ~1 BAKER 40- POORTION rWELL ~~ CONTRACT ~~ LINE 1867804 23124 GARAGE ROAD SE VALLEY -DEDICATION DEEDS: 812828 & 812829. PARCEL A PARCEL N0. 21724230200 MARK SOETEBER QCD 8305200099 1 PARCEL N0. W 21724230800 w U DIANNE BUNNELL 1 QCD 3002265 ~ 20 ' PARCEL N0. , 21724230601 ~ I,~, VIRGIL & DARLENE ~ BAKER LIVING TRUST QCD 3217194 PARCEL B -~ -~ 24 19 SURVEYOR'S NOTES: _ THE HOUSE, GARAGE AND PARCEL LINES WERE TRACED FROM AN IMAGE RECEIVED FROM THE THURSTON COUNTY GEODATA WEBSITE AND ARE APPROXIMATE. THIS MAP DOES NOT PROPORT TO SHOW ANY FENCES AND/OR OTHER SIGNS OF OCCUPATION OR POSSESSION, NOR ALL EASEMENTS, RESTRICTIONS AND RESERVATIONS WHICH MAY AFFECT THIS PARCEL. Geomatics Land Surveying VICINITY MAP P.O. Box 2550 N.T.S. TO Yelm, Washington OLYMPIA 98597-2550 yF<,~ CULLENS _. q~ RD F - ~ ~S9 SITE BERRY VALLEY RD S10J THIS IS AN UNSURVEYED TO BOUNDARY LINE ADJUSTMENT YELM CERTIFICATION OF CONFORMANCE MAY 29, 2.003 I HEREBY CERTIFY THAT THIS BOUNDARY LINE ADJUSTMENT CONFORMS WITH THE REQUIREMENTS OF THE PLATTING AND SUBDIVISION ORDINANCE AS THE ADJUSTMENT DOES NOT CREATE ANY NEW LOTS CONTAINING INSUFFICIENT LOT AREA AND DIMENSIONS TO MEET THE MINIMUM REQUIREMENTS FOR WIDTH AND AREA FOR BUILDING SITES. BARBARA SOETEBER A PORTION OF SWD 815045 N W E S GRAPHIC SCALE: 1"=200' 0 200 400 PLANNING DEPARTMENT DATE FOR AUDITOR'S USE ONLY STATE OF WASHINGTON ) ss. COUNTY OF THURSTON ) On this day personally appeared before me ~ `~~~~ ~~~~~~ NOaA~7- & ('~A(Z(~A2A ELLF>,[ SOE'rE~~~ ~Mo~r~F~ & p~t~(s>_1TL ~~ to me known to be the individual S described in and who executed the within and foregoing instrument, and acknowledged that ~1"1-!EY signed the same as ~~E' ~ free and voluntary act and deed, for the uses and purposes therein mentioned. ~I N GIVEN under my hand and official seal this Z`~ day of MA ``\``~u u u I1 r rH J,J,/i ~~~.•'o~ NOTARY ~~ :~~ _ v .r •.•o rL %~9j: ~e!~ber~.: • ~ Cam.` ~~~Nl11111111111NII STATE OF WASHINGTON ) ss. COUNTY OF THURSTON ) ~~~~ NOTARY PUBLIC in and for the State of Washington residing at YF«t On this day personally appeared before me 17A(~GF/.1 L ~ . & I/112(~IL ~ . QA ICE 2 ~ N ySf3~~.I (~ ~ lrl 1 != E to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that TU>= y signed the same as TN ~ ~'~ free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this ~J~ ~ day of /~l~_ ```~~uwmHrJr,,~~ '' ~ ~ pU8 ~Ol %n9'~f~'~ber1 ~C~~~ NOTARY PUBLIC in and for the State of %,,~~~F~~, WAS~`~~`~~•~ Washington residing at yEL~(/l ~~Nlllll l I I I1111111~ AUDITOR'S CERTIFICATE File for record at the request of this day of , 20 , at minutes past o'clock _.m., and recorded in Volume of Large Lot Subdivisions on page ,records of Thurston County, Washington. Thurston County Auditor By: Deputy DECLARATION OF BOUNDARY LINE ADJUSTMENT AND COVENANTS KNOW ALL MEN BY THESE PRESENTS: That we the undersigned having a real interest in the tract of land described by the declaration; and do hereby declare the herein described adjustment of land certified as Boundary Line Adjustment Number , on the day of , 20 , by the Planning Department, subject to the following covenants and conditions: 1. That all subsequent deeds will contain provisions for private roads in the manner described herein. 2. That all maintenance of any private road described by this declaration shall be by the owners of the parcels having legal access therefrom or their heirs, assigns, or successors, unless and until such roads are improved to the subdivision standards and dedicated to and accepted by the appropriate governmental jurisdiction. 3. That any private road will be subject to the further right of the grantor or his successor and of any telephone, electric, gas, water, or sewer company, public or private, to lay or cause to be laid and the right of ingress or egress for the purpose of maintaining telephone, electric, gas, water or sewer pipes, mains, or conduits across a described portion of such road. 4. That with respect to any private road described by this declaration whether it remains private or becomes a dedicated road, there is the additional right to make all necessary slopes for cuts and fills; and the rights to continue to drain said roads and ways over and across any lot or lots where the water might take a natural course upon reasonable grading pursuant to improvement for dedication of the roads and ways shown herein. Following reasonable grading pursuant to improvement for dedication of the roads and ways shown herein, no drainage waters on any lot or lots shall be diverted or blocked from their natural course so as to discharge upon any public road rights-of-way or to hamper proper road drainage. 5. That the adjusted legal description of each of the tracts being adjusted is attached hereto and incorporated by reference as though fully set out herein. 6. That additional covenant, easements, restrictions, if any, solely for the benefit of the grantor, and his heirs, successors, and assigns enforceable only by such persons, are attached hereto either as exhibits or as previously recorded under Auditor's File Number and incorporated by reference as though fully set our herein. That these covenants are for the mutual benefit of the grantor and his heirs, successors and assigns and are for the further purpose of compliance with the resolutions and regulations of the appropriate local governmental jurisdiction, and the local government and such persons are specifically given the right to enforce these restrictions and reservations by injunction or other lawful procedure and to recover any damages resulting from such violation. DATED this 2~ ~ day of MA`s , 2003 ~ ,~-,~ , 1~ELYtJ~ 13l~~I~AieA I-i(~A/~~ x l~A-~L1=h.I~E ~. ~AKi-~.,~' Grant~o~.~~' '" Grantor , QA~I3AICA CLLE1.1 SDk~E6E~ I(' Granto ~ ~`~~~~~- Grantor x V+>QC~ c. ~. »AKE~ Grantor Grantor TAMI MERRIMAN ASSISTANT PLANNER City of Yelm Community Development Department P.O. Box 479 Yelm, WA 98597 (360) 458-3835 (360) 458-3144 FAX Memorandum To: SPRC From: Roberta Allen, Administrative Assistant Date: June 3, 2003 Re: BLA-03-8343-YL -Project Review Schedule for Baker Boundary Line Adjustment Attached is the application packet for the above referenced project. After your initial review of the information submitted, if you need additional information from the applicant, please let me know as soon as possible. The following is the tentative review schedule for the project. June 18, 2003 -SPRC project review. Department comments/conditions of approval for staff report. June 25, 2003 -Final approval letter completed G ,Community Development\Project Files\BL.A Boundary Line Adjustment\3343 Baker`,Proj Rev Date Memo.doc CITY ®I~ YELM .:~~ ~~ „.t ~\ / f 'r ~, ,.,-~~ J ~' . %~~~ ,. PO Box 479 Yelm WA 98597 360-458-3244 ~JtlN 0 2 1gg3 OFFICIAL USE ONLY ~ ~,~ Fee Dale Received 03 By y File No. BLA~ -~3 "- - (- ~~ APPLICATION FOR %~_' BOUNDARY LINE - Y>Ln-c v,ns~macroN ADJUSTMENT Fee: $100.00 OR LARGE LOT SUBDIVISION Fee: $250.00, + $10.00/lot (In addition, any professional service charges per Resolution #358) PLEASE SUBMIT CURRENT PLAT CERTIFICATE WITH APPLICATION (Limited Liability Title Report) ~_ Boundary Line Adjustment Large Lot Subdivision NAME OF PROJECT 13AKE2 13pUi~~/~(Z`(~ LII.(L A I~;i"US'•~!v'I ~IL1•r X Owner of Parcels} Purchaser of Parcel(s) Representative APPLICANT \/ I R f; l l_ Br L7AR LI=1.I L ~/~ I~E(L Mailing Address i' OX 7" City, State and Zip `Ct= L /v1 I,~IA ~jc.1~7 Telephone ~(•l7 _ ~ ri f~ •-- i'2 r~C7 OWNER V1~(71L ~ ~~r;Lr`/tIl'. I~AKir~-' Mailing Address U I~OX 727 City, State and Zip_ '`I't= /_ M W~h G14~ 517 Telephone 3i-C> ~- I ri%~, " 7'3h'Z SURVEYOR C7i~GMl~'rtCS 1~? `J. Yt`IC. Mailing Address f 0 i~iC4X 'Z~i`i~ City, State and Zip ~~ I_A~_~u.j~ `f'~~~`17 Telephone ~t~D -- `I'UO '- '~"~~ -~ - PROPERTY DESCRIPTION General Location ~lln 01= f~E~~~ VALL1~`( raA1~ ,C Address of Site (if assigned) i3AK1=k'. = Noi /1SSi - SLFI C F. 19•'IOC~ Area of Project (in acres if possible) I~,/l>'F ~ [~"'7 At~ES ; ~~FTrl3~~? ; 2.4-'3 ac,~t.5-~ Area of entire contiguous ownership (if other than above) Section 2fj Township t 7 of Range • 1 - Assessor's Tax Parcel Nymber(s) of property included in this application: ~'L1~ 2<123CN,,t.~t.~ Pc 21 2<I2 3v~Lvv Zoning District M L Shoreline Designation (if applicable) Comprehensive Plan/Sub-Area Plan Designation Type of on-site structures (give lot numbers) 217 2<12 30Lt; ~~Jt - L 1.,~ ZA2 3a2cu : i-IUJ:) [ (SHOW LOCATION AND LABEL EACH STRUCTURE ON MAP) WHAT USES ARE PROPOSED•FOR THE VACANT LOTS? The uses most be; consistent with zoning. X Single Family, on Lots ~ S~ ~ Duplex, on Lots Multifamily, on Lots Commercial, on Lots Industrial, on Lots IF UNDECIDED, LOTS WILL BE REVIEWED FOR ONE SINGLE-FAMILY RESIDENCE PER LOT. Existing sewage disposal: X None ~C Septic tank (date installed !. 1 -Sewer (SHOW ON MAP) r A~tEL ~ i'A~~rL . A Proposed sewage disposal: -,None -Septic tank -Sewer Other Existing water supply: None _~Individual well on lot(s) # ~ ~ r~ (SHOW ON MAP) Community Well -- Name of System or Owner Municipal Water System -- Name of Municipality Ac,~C~~C~ F~c3d~ A55,~55o2~`i v'h`f=ict~. 2:\Community DevelopmenllPorms &Procedures\BoundLineAdjustlBLA-LLS App.doc 3/01 Proposed water supply: None Individual Wells _ Community Well --Name of System or Owner _ _ Municipal Water System -Name of Municipality Special areas on your project site: (Show checked areas on map) _ Creek or Stream _ River _ (Name) _ Lake/Pond {Name) Cliffs Has a portion of your project sfte ever flooded? _ Yes, when? None (Name) -Swamp/Bog _ Draw/Gully _ No _ Do not know (If yes, show area on map) BOUNDARY LINE ADJUSTMENTS ONLY Lot # A Lot Area in Square Feet }~ 102 54~~ SF Lot # ~, Lot Area in Square Feet •• - I O'Lr000 F Lot # ,Lot Area in Square Feet Lot # ,Lot Area in Square Feet ~ou~n~,~ Does the property being s~ivided have city/county/state road frontage? No ~ Yes City of YELM County _ State If yes, name of road 13C RR`f VA Lek"'/ hC'~Q `~'!/ Right-of-Way width of road frontage ~~~J~ `JbcthFSF--~-' oti f3E~~y VALLE`l (~c~. If no, width and length of private road, easement or right-of-way: fib' feet wide by ~~~- 7°IO ~ feet long If property to be divided is accessed by a private road, how many other parcels have access by this road? 5 ~>L Ph,2CELS ibTAL (Include vacant parcels.) (FOR YELM TOWNHOUSE SHORT PLATS ONLY) For existing townhouse units being short platted: Do the common walls meet building and fire codes? Yes No - 2. For proposed townhouse units: Has the applicant submitted the following to the Site Plan Review Committee? _ Yes _ No (If no, your short plat will be held pending the submittal of those items listed below.) A) Building Plans. Typical front and side elevations and exterior architectural treatments of the proposed units. B) Site Plans. Location of buildings in relation to property and lot lines, off-street parking areas, patio and service areas, including garbage disposal areas, landscaping, walls, fences, public and private streets, driveways, all common facilities, open space and walkways. In addition, lot size, percentage of ground coverage and open space shall be included as data on such plan. A topographic map shall also be submitted showing existing and proposed contours at iwo-foot intervals and which locates existing streams, lakes, marshes and other natural features. The requirement of the topographic map may be waived by the Site Plan Review Committee if ft deems it not necessary. PLEASE PROVIDE A REDUCED SIZE COPY OF THE SITE PLAN AND/OR BLA, NOT LARGER THAN 11" X 17". ~ ~~. ~,~~~v Recording Requested By - Return To: VIRGIL fl BAKER, DARLENE BAKER Po Box 727, YELM, WA 98597 Substitution of~Trustee WHEREAS the undersigned, as beneficiary under the Deed of Trust described below, hereby appoints Peelle Financial of Washington whose address is 197 E. Hamilton Avenue, Campbell, Ca 95008 as successor trustee under the Deed of Trust. Original Beneficiary: PRAIRIE SECURITY BANK Original Trustor: VIRGIL R BAKER, DARLENE E BAKER Recorded in Thurston County; Washington, on 12120195 aslnstrumentl/ 3005800 Date of Deed of Trust: 12114195 Amount of Deed of Trust: S180000.00 NOW THEREFORE, the undersigned, who is the holder of the above described Deed of Trust in consideration of full payment and satisfaction of the debt secured thereunder, hereby requests that the successor Trustee reconvey to the parties designated by the terms of said Deed of Trust, without warranty, all estate now held by him under the same. Dated: 1111212002 CENDANT MORTGAG ORPORATION /_- DBA PI1H MORT GE SE IC CORPORATION IIY~ - _ Rl~r Adams As Vice President State of California County of Santa Clara On 1111212002, before me, the undersigned, a Notary Public personally appeared Flora Adams, personally known to me to be the person whose name is subscribed to the within instrumert and aclcnawledged tome that she executed the same in her authorized capacity, and that LY her. signature on the instrument, the person, or the entity upon bahalf of which the person acted, executed the instrument. Witness my hand and official seal r i ri i i i i i r i i a u iiiii i roidi ii IIII irir _______- ~ KIM GORMAN ~ •~~~ COMM. 1334697 .d a~ y: Kim Gorman U, 1, •~ ~ NOTARYPUBLIC-CALIFORNIA ~ SANTA CLARACOUNTY y C mmission Expires 01/11/06. • ! ~ ~ My Comm. E~plme JAN. II, 2Q06 /,r//iiiiliriiii/ii/iviiiirii//ii/sill//~ Prepared hy: E. N. Harrison Peelle Management Corporation, P.O. Box 1710, Campbell, CA 950D9.171014081866.6868 LNd 0008038432 ESCROW H 10-24-02 FINAL RECONDCWAI 90798 Execlid: 911 InuN 46511112102 01:55:31 46-067 WA Thurston 607:8 6 REMITTER rev: 90796 10008038432 II VIII IIIIII IIIIII IIII VIII IIIIII III I II IIII IIII 0 %6 tea 03189P VIII ~.,~~ ~~~~ ~~~r~ Fncr as uA Thuratnn Co. WA Return Address Document title(s) (or transactions contained therein): 1. ~. Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle, initial) 1. 2. 3. ^ Additional names on page _ of document Grantee(s) (Last name, first name, middle initial) - 1. ~ - 3. ^ Additional names on page _ of document Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) ^ Additional legal is on page of document Assessor's Property Tax Parcel/Account Number: Form No. 1068-2 ALTA Plain Language Commitment Policy No.: 4291-16016 1of12 `.t ?~ SS 'r. k 3 ~~. r •3 ~,~, - ,~~ ;~ First American Titie Insurance ~©mpany Bell Towns Centre, 4200 6th Avenue Southeast, Suite 201, Lacey, WA 98603 {360) 943-9350 - FAX (360) 352-7417 THURSTON COUNTY TITLE UNIT DON PETERS MARK MOROAN MARL BECKLEY TITLE OFFICER ~ TITLE OFFICER{MANAGER TITLE OFFICER Beverly Volk Amanda Harvey Escrow Officer Escrow Assistant (360) 491-2441 (360) 491-2441 To: Washington Mutual Bank ~~' No•: 5201 Evergreen Way, Evr01Ml Your Ref.: Everett, WA 98203 Attn: i.auren Marken Re: Property Address: 14501 Berry Valley Road Southeast Yelm, WA 98597 COMMITMENT FOR TITLE INSURANCE Issued by FIRSTAMERICAN TITL,EINSURANCE COMPANY Agreement to Issue Policy We agree to issue a policy to you according to the terms of this Commitment. 4291-16016 None When we show the policy amount and your name as the' proposed insured in Schedule A, this Commitment becomes effective as of the Commitment Date shown iri Schedule A. Ifi the Requirements shown in this Commitment have not been met within six months after the Commitment Date, our obligation under this Commitment will end. Also, our obligation under this Commitment will end when the Policy is issued and then our obligation to you will be under the Policy. Our obligation under this Commitment is limited by the following: The Provisions in Schedule A. The Requirements in Schedule B-1. The Exceptions in Schedule B-2. The Conditions. This Commitment is not valid without Schedule A and Section 1 and 2 of Schedule B. Forfn No. 1068-2 ALTA Plain Language Commitment SCHEDULE A Third Commitment 1. 2. 3 4. Commitment Date: October 7, 2002 at 7:30 A.M. Polity or Policies to be issued: Reorganization Rate extended Mortgagee's Coverage 287,000.00 Proposed Insured: Washington Mutual Bank Poi'icy No.: 4291-16016 2of12 AMOUNT PREMIUM TAX 478.00 38.24 (A) The estate or interest in the land described in this Commitment is: Fee simple as to Parcel(s) A, an easement as to Parcel(s) 6. (B) Title to said estate or interest at the date hereof is vested in: Virgil R. Baker and Darlene E. Baker, husband and wife The land referred to in this Commitment is described as follows: Real property in the County of Thurston, State of Washington, described as follows: Parcel A: That portion of the Southwest one-quarter.of the Northwest one-quarter of Section 24, Township 17 North, Range 1 East, W.M. described as follows: Beginning at the Southwest rnmer of said Southwest one-quarter of the Northwest one-quarter of Section 24; Thence Easterly along the South line of said Southwest one-quarter of the Northwest one- quarter, 40 feet to the true point of beginning; Thence North Ol°20'06" East 300 feet; Thence Easterly on a line parallel to the South line of said Southwest one-quarter of the Northwest one-quarter of Section 24, 300 feet; Thence Southerly to the South line of said Southwest one-quarter of Northwest one-quarter of Section 24; Thence Westerly along said South line to the true point of beginning. Form No. 2058-2 ALTA Plain language Commitment Parcel B: Polity No.: 4291-15016 3 of 12 Anon-exclusive easement for ingress and egress over and across a strip of land 40 feet in width, lying adjacent to and South of the following described line; Beginning at the Southwest comer of the Southwest one-quarter of the Northwest one-quarter of Secfion 24, Township 17 North, Range 1 East, W.M.; Thence Narth 1°20'06" East 492.33 feet to an angle point; Thence North 57°39'00" East 506.20 feet to an angel point; Thence Northeasterly 92.80 feet the centerline of the County Road known as Berry Valley Road, in Thurston County, Washington. APhI: 21724230600 _ ~:_. ~_.._.__.. r.,_ Form No. 1068-2 ALTA Plain Language Commitment SCHEDULE B SECTION ONE REQiIIREMENTS The following requirements must be met: Policy No.: 4241-16016 4of12 (A) 1}ay the agreed amounts for the interest in the land and/or the mortgage to be insured. (B) Pay us the premiums, fees and charges for the policy. (C) Documents satisfactory to us creating the interest in the land and/or the mortgage to be insured must be signed, delivered-and recorded.• (D) You must tell us in writing the name of anyone not referred to in this Commitment who wi11 get an interest in the land or who will make a loan on the land. We may then make additional requirements or exceptions. (E) Releaser(s) or Reconveyance(s) of Item(s): (F) Other: (G) You must give us the following information: 1. Any off record leases, surveys, etc. 2. Statement(s) of Identity, aJl parties. 3. Other: Firs! Amrrir,in Tif1n rrortn No. 1068-2 AL7A Plain Language Commitrnent SCHEDULE B SECTION TWO EXCEPTIONS Policy No.: 4291-16015 Sof12 Arty policy we issue will have the following exceptions unless they are taken care of to ouc satisfaction. The printed exceptions and exclusions from the coverage of the policy or polities are set forth in Exhibit A attached. Copies of the policy forms should be read. They are available from the office which issued this Commitment. 1. General Taxes for the. year 2002. The first half becomes delinquent after Apri130th. The second half becomes delinquent after October 31st. Tax Account No.: 21724230600 1st Half Amount Billed: $ 1,205.13 Amount Paid: $ 1,205.13 Amount Due: $ 0.00 Assessed Land Value: $ 30,500.00 Assessed Improvement Value: $ 150,400.00 2nd Half Amount Billed: $ 1,205.13 Amount Paid: $ 0.00 Amount Due: $ 1,205.13 Assessed Land Value: $ 30,500.00 Assessed Improvement Value: $ 150,400.00 2. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: Virgil R. Baker and Darlene E. Baker, husband and wife Grantee/Beneficiary: Prairie Security Bank Trustee: Charter Title Amount: $180,000.00 Dated: December 14, 1995 Recorded: December 20, 1996 Recording Information: 3005800 (includes other property) According to the public records, the beneficial interest under the deed of trust was assigned to PHH Mortgage Services Corporation by assignment recorded January 3, 1996 as 3007883 of Official Records. 3. Covenants, conditions, restrictions and/or easements, if any, affecting title, which may appear in the public record, including those shown on any recorded plat or survey, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, family status, or national origin, to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes. Form Ho. 1068-2 Policy No.: 4291-16016 ALTA Plain Language Commitment 6 of 12 _ __ _ - -----...___.. _ __.._ ---------.--------- T1HFO+RMA'T1ONAL NOTES ._- ...... __. _-.._ _.._-- ..-..- -- _-- . 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 famished 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. SW qr., NW qr., Sec. 24, Twnsp, 17 N, Rng. 1 E, W.M. Tax Parcel Number: 21724230600 D. All matters regarding extended coverage has been cleared for mortgagee's policy. The coverage contemplated by this paragraph will not be afforded in any forthcoming owner's standard coverage policy to be issued. Property Address: 14501 Berry Valley Road Southeast, Yelm, WA 98597 r.,.rr n..,~.~.~.. rn.. farm No. lObB-2 ALTA Plain Language Commitment CONDITIONS Pony No.: aasi isois :7 of 1Z 1. DEFINITIONS {a)"Mortgage" means mortgage, deed of trust or other security instrument. „ n (b) Public Records means title retards that give constructive notice of matters affecting the title according to the state law where the land is located. 2. LATER DEFECTS ~ _ The Exceptions in Schedule 8 -Section Two may be amended to show any defects, liens or encumbrances that appear for the first time in the public records or are created or attached between the Commitment Date and the date on which all of the Requirements (a) and (c) of Schedule B -Section One are met. We shad have no liability to you because of this amendment. 3. EXISTING DEFECTS If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may amend Schedule B to show them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing. 4. LIP+lITATION OF OUR LIABILITY Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its Requirements. If we have any liability to you for any loss you incur because of an error in this Commitment, our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to: comply with the Requirements shown in Schedule B -Section One or eliminate with our written consent any Exceptions shown in Schedule B -Section Two. We shall not be liable for more than the ~Palicy Amount shown in Schedule A of this Commitment and our liabilrty is subject to the terms of the Policy form to be issued to you. S. Ci..AIMS MUST BE BASED ON THIS COMMITMENT Any claim, whether or not based on negligence, which you may have against us concerning the title to the land must be based on this commitment and is subject to its terms. Policy No_: 429i-1601b Form No. Ii]b8-2 8 of 12 ALTA Plain Language Commitment EX}iIBI'i' A LIST OF PRINTED DCCEPTIat+LS AND EXCLUSIONS (Sy Policy Type} 1. CAlIFORPQA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990 SCHEDULE B DCCEPfION$ FitOM COVERAGE This polxy does not inswe against bss or damage (and ttte Company wiG not pay costs. attorneys' fees ar expenses) which arise by reason of: 1. Taxes or assessments which are not shown a5 existing 6errs by the records of arty taxing authority that levies taxes ar assessments on real property or by the Public records. pb~ b5' a public agency which may result in taxes or assessments, or notice of such proceedn9s, whether or not shown by the rernrds of such agency or by the public remrds. L Arty fads, [ight5. interests, ar claims which aze not shown by the ptilr6c records but which mrrkf lx ascertained by an inspection of the land or wttid7 may be asserted by pawns ,n possessbn thereof. 3. Easements, liens or encumbrances, or tlakn5 thereof, which are not shown by the puWk records. 4. Discrepancies. coniGds m boundary Imes, shortaye in area, encroachments, or any other facts wtirdt a correct survey would discbse, and which are not strown try the pub["tc records. 5. (a) Unpatented mining rJairns; (b) resenmtioas or exceptions in paterrts °r in Acts au[ftoroirtg the issuance thereof; {t) water rights, claims or title to water, whether or not e matters e,¢epted under (a), (b), rrr (c) are shown by the.pubGc remrds. ~ r 17iCLt)SIONS FROM COVERAGE The Folbwirtg matters are expressly excluded from the cdverage of this paGcy and the CA!sfpany will not pay loss or damage, msts, attorneys' fees or expenses which arise by reason oh ' L (a) Arty taw, txdutar,ce or gavemmental regulation (indud'mg but not limited to bwld'utq and zoning laws, ordinances, or regulations) restricting, regulating, Drohibitmg or relating [o (~ the occupancy, use, Pr enjbyment of the land: (G) the character, dunensions or bcation of arty improvement now or hereafter erected on the end; (6) a separation in ownership or a change in the d'unettstons or area of the land or arty parcel of wfitch the land s or was a part; or (iv) emrironrnentat protection, or the effect of arry violation of ittese ~, ordmartces or govemmerrtal regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resuRing from a violation ar aGeged vtolatbn affecting the land ttas been recorded in the pub& records at Date of Policy. ro) pny ywrernrrtentai police power Trot excluded by (a) above, except ro the extent that a nodce of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or aGeged violation affecting the land ttas been recorded in the public records at Date of Policy. 3. Rights of errtirtent domain unless notice of the exerase thereof has beer[ recorded m the public remrds al Date of Polxy, brit not exciudtng from coverage any taking which Eras orcwred error l01]ate of Policy whici tr would be bind'mg on the rights of a purchaser for value wdttout knowledge. 4. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public retards at Dale of Policy, but ueated, suffered, assumed or agreed to by the iruured claimant; ~ insured (b) not known to the Company. not recorded in tare public records at Date of Policy, but lawwn to the insured da'rtnaM and not disclosed in writing to the Company by dahnant prior to the date the insured claimant Decarne an insured under this policy; (c) resulting in no loss °r damage to the insured cla'unant; (d) attaching or seated subsequent to Date of Policy; or (e) resuting in loss or damage which vrould riot have been sustained if the insured claimant had paid value far the insured mortgage or for the estate or interest insured by this P°1kY• S. UnenforceabiGty of the Gen of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inabr7ity or failure of arty subsequent owner o the indebtedness, to comply with applicable °Laing business" laws of the state in which the tend is situated. b. Irnalfdty or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the trartsaetton evidenced try the insured mortgage and is based upon usury or arty consumer credit protection or truth in lending taw. 7, Any claim, which arises out of the transaction vesting in the irtsrrred the estate or interest insured W their pafity or the trartsactiort treating the interest of the insured lender, by reason of [he ope2tion of federal bankruptcy, state insolvency err similar creditors' rights Taws. L AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B -1970 SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ord'mance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, d'mtensions or location of any improvement now or hereafter erected ort the land, or prohibiting a separaYwn in ownership or a reduction in the tirrrtensrons of area of the land, err the effect of any violation of am/ such taw. ordinance or gwernmeMal regu ors in the public records at Date of Pdi[}r. 2. Rights of enanertt domain or governmental rights of police Power unless noire of the ercerdse of such rig is crepe 3 Defects, liens, encumbrances, adverse dafms, or other matters (a) created, suffered, assumed or agreed to by the insured ciamtant; (b) not [mown to the Comparry and not shown by the public records but known to the insured claimant either at Dale of Policy or at the date such claimant acquired an estate or interest insured try this policy and not disclosed in atta~dtu+g or sealed w eq entoto Date of Pol'KY: or (e~ esuRmg in loss or daamage which wouldrnot have beendsustained ifithe ,mwred daima~had paid alueutbdr h' estatte(or Interest insured by this policy. 3. AMERICAN LAND TITil: ASSOCIATION OW NER'S POLICY FORM B -1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set foM in paragraph 2 above are used and the following exteptbrts to coverage appear in the policy. SCHEDULE B This poky does not inswe against loss or damage by reason of the matters shown in parts one and two Following: Part One 1. Taxes or assessments which are not shown as existing 1'rer,s by the records of any taxing authority Nat levies taxes or assessments on real property or by the public recor s. Z. Any (ads, rights, interests, or claims which are not shown try lire public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possPSSion thereof. 3. Easements, claims of easement or encumbrances which are not shown by [fie Public records. 4. Discrepartdes, conflicts in boundary lines, shortage in area, encroachments, or any other Fads which a rnrrect survey would disclose, and which are rw: shown try public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the imantt the IreoF:arwxiat~ r9~ vn ~ the pubhc recortds. 6. Any Gen, or right to a lien, faT SeNKeS, labor or n+ateriat heretofore or hereaher furnished, D~ by 4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY' 1970 WITH A.LTA ENDOR_SEHEN7 FORM 1 COVERAGE SCHEDULE OF EXCLIISION$ FROM COVERAGE 1. Arty taw, ordinance or gavemmental regulation (including but not limitem tootru~~ now hereafter erected on the'nlarxl, °ruprotritriling ~5eparatpn inovrrMrship ro a r duction nn of the land. or regulating the character, dirrteruiat[s or tocalion of arty a the danerrsro++s or area of the Wnd, or the effect of any volation of arty such taw ordinance or 9avemmrnWl rcgutab~ the public records al Date of Pdicy. ~. RigMS of eminent domain a govertKneMat rights of police Power wtless rolice of the exerdse of such rights crepe 3. W fjhe pubrc records but known to the assured cWmeaM edher(at)Date of Pofrcy~,a the date sucheclaartant acquired awn esta~tenor(mieroest ~ruwed by th+s ~ ~~~"r~ toss insured mortgage and not drscbsed in wntirrg by [ire insured clamant to the Cpnparry Prior to the dale such ir>vwetl darmaM became an insured hereunder, (c) resuting pr damage to the insured claimant; (d) attaching a created subsequent to Date of Poficr (except to the extent insurance t5 afforded herein as to arty statutory lien for latror o+ material a to the extent irr,urance is afforded herein as to assessments frx street mpavements under construction a completed at Date of Policy). q. UnenforceaUhry of the lien of the unwed mo+tg<x1e because nF failure of the insured at Oate of polity or of arty subsequent owner of the irxfebtedness to compN with aPDiicable "doing husiness" laws of the state in which the land is situated. Form No. 1068-2 Policy No.: 4291-16016 ALTA Plain Language Commitment 9 of 12 5. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1970 YJITH REGIONAL EXCEPTIONS When the American Land Title Assodadon Larders Potie/'s used a5 a Standard Coverage Policy and not as an Extended Coverage Pofrty, the exclusions set forth in paragraph 4 above are tied and the folowing exceptions to coverage appear in the policy. SCIiEDULE B This policy does not insure against bss or damage by reason of the matters stwwn in parts one and tyro folowing: Fart One: 1. Takes or assessrrtertts which are rot shown as existing liens by the records of any taxing authority that Levies taxes or assessments on real property or by the public records. 2. Any facts, rights, ctterests, or claims wtirdr are not shown by the public records but wttith could be ascertained by an trtsped7ort of said krtd or by making irtgtriry of persons in possession tlrereaf. 3 Easements, daorsof easement or encumbrances which are not shown by the public records. 4. iMcrepartdes, co[tfilcLS in boundary lines, shortage in area, ensoadtments, or any other facts which a correct survey would disclose, and which are not shown by public rerords. 5. Unpatented mining claims; reservations or exceptlors in patents or in Acts authorizing the issuance thereof; water rights, claims or ldle to water. 6. Any Len, or right to a Hen, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public retards. 6. AMERICAN LAND 7Tfi.E ASSOCIATION LOAN POLICY -1992 WITH ALTA. ENDORSEMENT FORM 1 COVERAGE EXCLUSIONS FROM COY1DtAGE The following matters are expressly excluded from the coverage of this policy and the Company will riot pay foss or damage, costs, attorneys' fees or expenses which arise by reason of: i. (a) Arty law, ord'mance or governmental regtdatlon (mduding but rwi lmtrted to building and zoning taws, ordrnances, or regulations} restridirtg, regtrlatatg, pmttibtTing or relating to (i) the occupancy, use, or enjoyment of the land; n the character, dimertsiorts'or location of arty improvement now or hereafter erected on the land; (or) a separation in wvrtersttip or a change in the dimensions w area of the krtd or any parcel of which the land is or was a part; or (lv) ernironmentai protection, or the effect of any violation of these laws, ordinances or goverimental regu~tlors, except to the extent that a notice of the enforcement thereof or a notice of a defect. Gen or encumbrance resulting from a vtomtlon or alleged volation affecCmg the tend has been recorded in the public records at Date of Policy; (b) Arty governmental police power riot excluded by (a} strove, except to the extent that a rtotlce of the exercise thereof or a notice of a defect, Tien or encumbrance resulting from a vwlation or alleged volation affecting the land has been recorded in the public records at Date of Poficy. 2. Rights of eminent domain unless notice of the exerdse thereof has been recorded in the public records at Date of Policy, bid not excluding from coverage any taking which has ocaured prior to Date of Policy which would be b"mding on the rights of a purchaser for value without knowledge. 3. Defects, Harts, encumbrances, adverse claims. or outer matters (a) whether w not recorded in we pubes records at 17ate of Policy, but seated, suffered, assumed or agreed W by the insured clacrrant• (b} not krwwn to the Comparry, not recorded in the public records at Date of Policy, but known to the insured claimard and not dtscbsed in writing to the Company by the insured clainrard prior to the date the insured claimant betarne an insured under this policy; (c) resulting in rw loss or damage to the insured daimanC r rtgage over any statutory Gen for (d) attadting or seated subsequent to Date of Policy (except to the extent that [his policy inaues the P~ itY ~ the Gen of the marred coo services, labor or material or the extent insurance fs afforded herein as to assessments for street improvements tlrrder construction or completed at date of polity); or (e) resulting in loss or damage which would not have been ststained if the insured dainant had paid value for the insured mortgage. 4. UnertforceabLity of the Gen of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or Failure of arty subsequent owner of the fndebtedrress, to comply with the applicable "doing business' laws of the state in which fire land is situated. s: Invaiiddy or unenforceability of the tree of the marred mortgage, or daan thereof, which arises out of the transaction evidenced tn' the insured mortgage and Ls based upon usury or any consumer sedd protection or tndh in lending law. __ 6. tm~pro~vertrent or wforksre~ted ~re landtwhich(is cattradedo for~and commen~edmsubsequent to Date IotoPoCrymetnd is not firanced m wtwlE or m part~by paroceeds of the indebtedness secured bV the insured mortgage which at Date of Policy the insured has advartted or fs obligated to advance. 7. Arty claim, which arises out of the transaction seating the interest of the mortgagee insured by this policy, by reason of tht operation of federal bankruptcy, state insolvency, or similar seditors' rights laws, that is based on: (i) [he transaction seating the interest of the insured mortgagee being deemed a fraudtdent coweyance a traudWent transfer, or (n) the subordination of the interest of the insured mortgagee as a result of the appGcatan of the doctrine of equ'itabie subordination; or (nil the transaction treating the interest of the insured mortgagee being deemed a preferential transfer except wbere the preferential transfer results from the Fa1ure: (a) to timely record the instrument of transfer, or (b} of such recordation to impart notice W a purchaser far value or a judgment or Iieri seditor. 7. AMERICAN LAND TITLP ASSOCIATION LOAN POLICY -1992 WITH REGIONAL EXCEPTIONS When the American Land Title Associat'wn potty 5 used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 6 above are used and the following exceptions to cove29e apP~ in the policy. SCHEDULE B This policy does not insure against bss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are rwi shown as existing tiers b1l the records of any taxng authority that levies taxes or assessments on real pcoperty or try the public records. 2. Am/ facts, rights, interests, or claims which are not shown by the pubift records but which could be ascertained by an inspection of said land or try making ktquiry of persons in possession thereof. 3. Easements, claims of easerttent or etuurnbiances wtrith are not shown by the public records. 4. Dissepandes, conflicts in boundary lines, shortage in area, erxroadtmenfs, or any other facts which a correct survey would disclose, and whidt are not shown try public records. 5. Unpatenled mining claims; reservatlons or exceptions in patents or In Ads auUwrizing the ~suance thereof; water rights, harms or Gtle IO water. 6. Any lien, or right to a Ikn, for services, labor or material theretofore or hereafter furnished, imposed Uy law and not shown try the public records. S. AMERICAN LAND TTIlE As50CIATION OWNt.R'S POLICY -1992 EXCLUSIONS FROM tDYERAGE The following matters are expressty excluded from the coverage of this polity and the Comparry wilt not Oay toss w damage, costs, attorneys' fees or expenses which arise by reason cl: 1. (a) Any Ww, ord'utarxe or governmental regulation (including but not limited to bwlding and zoning laws, ordinances, or regtdatiorts) restricting, regulating, prohibiting or r Ling to (i} the occupancy. use, or enjoyment of the land; (ii) the character, dimensions or location of any imprrvement no•~ or hereafter erected on the land; (ui) a separation in avnership or a change in the dtmeruions or area of the land or any parcel of which the Wnd is or was a part; or (rv) ernironmental protection, or the effect of any violation of these laves, ordinances or governmental regulations, except to the extent [hat a notx:e of the enforcement thereof or a notice of a defect. Gen or encumbrance reSURirrg from a virstat;on or alleged violation affecting the land has been recorded in the public records at Dale of Policy. (b} Arty governmental pofae power not excluded try (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the Land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless rwtice of the exercise thereof has been recorded in the public records at Date of Policy, but not occlud'mg from twerage arty taking which has occurred prior to Date of Polity which would be binding on the rights of a purchaser fa value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) created. suffered, asstmed or agreed to by the insured claimant: (b}clamant p 'wr to the date the insw dreaemanl became an DmsuredDuander thrs DotitY'` k~wn to the ensured ctaimanl and not drefosed In writing to the Company by the insured (c) restrh;ng in no foss a damage to the insured claimant; (d) attattririg or created subxequent to Date of Pokcy; or (e) rewhing In loss a damage which would not trove been wstained ~ the insured claimant had Daid vahre for the estate or interest insured by this policy. Policy Na.: 4291-15036 form No. 1068-2 10 of 12 ALTA Plain Language Comm'Itment 4. Any claim. wtticlt arises out of the transaction vestatg in the irtyvfed the estate or rttterest insured by this poCtcy, by reason of the operation of faders! bankruptcy, slate irtsalventy, or similar creditors' rights laws, that is based on: (i} the transaction seating the interest of the instaed mortgagee being deemed a fraudulent conveyance or fruudulent transfer, ar (a) the transaction seating the interest of the issued mortgagee being deemed a preferential transfer ex¢pt where the preferential transfer resuAs from the faHure: (a) to timely record the irssWrnent of transfer, or (b) of such recordation to impart notice W a piachaser for value or a judgment or lien sedlor. 9. AMERICAN LAND TIME ASSOCIATION OWN6t'S POLICY -2992 WITH REGIONAL IXCEPIIONS When the American Land Title Assodation policy i5 used as a $tar~ard Cwerdge Policy and not as an blended Coverage Policy the exclusions set faith in Paragraph 8 above are used and the fdbwirtg exceptions to cove2ge appear in the poCuY• SCTtEDULE 8 wr'fi not attorneys' fees or expenses) whirtt arise by reason of: This policy does not insure against ksss or damage (arid the Company Pay casts, Part fie' bens the records of arty taxing authordy that levies taxes or assessments on real property or by the pubCrc records. 1. Taxes or assessments which are not shown as existing ' by L Arty facts, rights, interests, or claims which are not shown by the Public records but which maid be ascertained by an inspection of said land or by making inquiry of persons in Own ~oL rc records. 3. Easerrtertts, da'uris ofieasement or erietrm6rances whidrare not shown by the publ. 4. Discrepancies, contl'icts in boundary Cares, shortage in area, ensoadvrtertts, of arty other facts which a correct survey would dose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in 9atents or in Acts atrthoriziag:the'tsuaiue ~ taw andenot sh wherpublic records. 6. Arty Gen, or right to a lien, for services, kbor or material theretofore or hereafter famished, imposed by 1D. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY -1987 EXp.USIONS In addRion to the Exceptions in Schedule B, you are not unwed against loss, costs, attorneys' fees and expenses resulting from: 1. Goverttrnental police Power. and the existence or violation of arty law Or 9wenment regulatron The includes buildtrtg and zarmg ordinances and also laws and regulations concerning: • Land division • land use • improvements an the land . erw'vorimental protection 'this exclusion does not apply to violations of the enforcetnertt of these matters wtdch appear in the pubCtc records at Paficy Date. This exclusion does not lima the zoning coverage described in items 12 and 13 of Covered Title Risks. t. The right to take the land by condemning iC unless: • a notice of exertsing the right appears in the public records on the Policy Date • the taking happened prior to the Policy Date and i5 binding on you if You bought the land without knowing of the tak'utg. 3. Tile Risks: • that are seated, aGowed, or agreed to by you that are known to you, but not to us, on the Policy Date -unless they appeared in the Public records • that result in no bss to you • that first affect your true after the Policy Date -this does not limit the Tabor and material lien coverage in Item 8 of Covered Title Risks 4. Fafiure to pay value for your title. 5. Lack of a right: • to arty land outside the area specificaGy described and referred to in Item 3 of Schedule A, or • in streets, alleys, or waterways that touch your land This exclusion does riot limit the aisisss coverage in Item 5 of Covered Title Risks. 1L EAGLE PROTECTION OWNER'S POLICY CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998 ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998 Covered Risks 14. (Subdivision are s~iiiobred to D1e5ductBibledAmountsiand MaximumgDollar LimitsEor f~lt'abc rytent of boundary wa1Ls or fences) EXCLUSIONS In addition to Exceptions in Schedule B, you are not insured against bss, costs, attorneys' Fees, and expenses resulting from: 1. Goverrxnentai police pourer, and the existence or violation of arty law or government regulation. This includes ordinances, laws and regulations concerning: a. building b. zoning G land USe d. improvements on the land e. land division f, environmental protection This exclusion does rat appH to vioations or the enforcement of these matters if notice Of the violation or enforcement appears in the Pubt'rc Records at e o icy a e. This excksion does not limit the coverage descnbed in Covered Risk 14, 15, 16, 17 or 24. 2. The failure of Your existing SlrucNrPS, or arty Dart of them, in be constructed in accordance with aDPGcable bolding codes. This Exclusion does not apply !n violations of building codes it notce of the violation appears in the Public Records at the Pofrcy Dale. The right to take the land by condemning it. unless: a. a notice of exercising the right appears in the Public Records at the Policy Date; or b. the taking hapDe~ txfore the Polley Date and is binding on You if You bought the Land without Knovring of the taking. 3. Risks: a. that are seated, albwed, a agreed to try You, whether or rat they appear in the Public Rxords; b. that are Known ro You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date; c. that result in ra loss to You; or d. that first occur after the Policy Date -this does trot Cimii the coverage described in Covered Risk 7, 8.d, 22, 23, 24 or 25. 4. Palace to pay value for Your Title. S. tack of a right: a. to any land outside the area specifically dessitred and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This exdtrsion does not Iirnit the coverage described in Covered Risk 1l or I8. Form No. 1068-2 ALTA Plain Language Commitment 12. AMt7tICAN LAND TI71E ASSOCIATION LOAN POLICY -1992 WlTtL A3.T.A. pVDORSEMENT FORM 1 COYERAGE EXCLUSIONS FROM COVERAGE Policy No.: 4291-16016 ilofl2 The toibwing matters are exyressly exduded from lire coverage of this policy and the Company will not pay bss or damage, costs, attorneys' fees or expenses which arise by reason of 1. (a) Any taw, orttutance or goverrsnerrtai regutatton (irtdudmg but not futvted to bra"kfut9 and Zoning laws, ordinances, or regtrlatiore) tEStrictatg, regulating. pro4rbtat' tg or relating to (i) fire occupancy, use, or enjoyment of the tartd; (r7 the draracter, dimensions or locatron of arty improvement now or hereafter eretied on the [.and; nt a separation in ovma5ftgr or a dtange in the dvnatsfons or area of the Land or arty parcel of whidt the Lands or was a part; or (tv) environmental yroteditm, w the effeU of arty vbktion of these laws, onGnartces or governmental regtdatiors, except to the taTatt that a notce of the enforcement thereof or a notite of a defect. Gen or encumbrance resulting from a vioWtion or alleged violation affecting the Land has been recorded in the Public Retards at Date of Policy. This exdtsbn does not limit the coverage Provided urt[kr insuring provisions 14, 15, 16 and 24 of this policy. (b) Arty governmental police power not exdutied by (a) strove, except to the extent that a notice of the exert'se thereof or a noCtce of a defect, lien or ertambrance resulting from a volaton or alleged violation affecting the land has bear recorded in the Public Retards at Date of ?oitcy. 7hts exclusion does not limit the covarrge provided under insuring pivisions 14, 15, 16 and 24 t>f this policy. 2. Rights of eminent dtxnain fatless notice of tbe Exercise thereof ltas peen recorded m the Public Records at Gate of Polfcy, bvt not exduding from coverage arty taking which has occurred prior to Date urf Policy whidt would be pending on the rights of a purchaser for value without Knowledge. 3. Defetls, fears, ~ adverse claims or other matters: (a) seated, suffered, assunned or agreed to pY the Inaaed Claimant; .. :.~.~ (b) not known to the Company, not recorded b the Fabric Records at Date of Polley, but Known to the Inwred Claimant and not disclosed in writing to the Company by the insured claimant Prior to the date the Insured Ciaintartt hecarne an bsrued under this DauY (c) resuCLtg in no bss or damage to the Itutued Claimant; (~ attadting or seated svbsegtnad to Date of Policy (this paragraph (d) does not fantt the coverage provided under' insunrtg provtsorts 7, 8, ib, 27, i9, 2D, 21, 23, 24 and 25); or (e) nsiritlng in loss ce damage which would rot have Hear sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceab8'dy of the Tien of the Insured Mortgage because of the inability or failure of the Insured at Date of Policy, or the inability or faiure of arty subsequent owner of the indebtedness, to comply with applicable doing business laws of tbestate in which the Land is situated. 5. Invalidity or rutenforceabtiRy trf the Gen of the Insured Mortgage, or claim thereof, whidt arises out of the transaction evidenced by the Insured Mortgage and is based upon: (a) usury, except as provided ender ktairing prov;sion LO of this potty; or (b) any rnrsurnter sed'd protection or truth in lettdng law. 6. Taxes or assessrrients of any taxing or assessment authority which become a Gen on Ne Land subsequent topate of Policy. 7. Arty claim, which arises out of the transaction seating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state irtsoNenty, or s'eNiar seditors' rights laws, that is based on: (a) the Vansaction seating the interest of the insured mortgagee being deemed a Fraudulent conveyance or traudutent transfer, or (b) the subordination of the interest of the insured mortgagee az a rewit of the applitaDon of the docVine of equitable subordination; or (q the UartsaUion creating the interest of the insured mortgagee being deemed a yreferential transfer except where the preferential transfer results from the failure: (7 to timely record the instrument of transfer, or (ii) of such recordatitvt to impart notice to a purchaser for value or a judgment or lien credtor. 8. Any da"m of invalidity, unenforceabGiry or ladt of priority of the lien of the Insured Mortgage as to advances or modfications made aRa tbe Insured tras Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This exdision does not limit the coverage provided under insuring provision 7. 9. Ladr of priority of the Gen t>F the insured Mortgage az to each and every advance made aRa Date of Policy, and ail interest drarged thereon, over liens, encwnbrances and other matters affecting title, the existence of which are Known to the Insured at: (a}The Cone of the advance; or (b) The time a mod'd'xation is made to the terns of the insured Mortgage which dtanges the rate of interest charged, if the rate of interest is greater as a result of the modifimtion than it would have been before the modification. This exclusion does not limit the coverage provided under insuring provision 7. SCHEDULE B This policy does not insure against ktss or damage (and the Compairy will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Environmental protection tiers provided for by the following existing statutes, wtiicti liens will have priority over the Ilen of the Insured Mongage when they arise: NONE 13. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1992IAITr?i EAGLE PROTECTION ADDED lAIIrH REGIONAL DICEPTIONS When the American Land Title Assaiatbn loan policy with EAGLE Proted{on Added is used az a Standard Coverage Policy and not az an Extended Coverage Policy lire exclusions se[ forth in paragraph 12 above are used and the Following exceptions to coverage appear in the policy. SCHEDULE B This polity does not insure against Ass or damage (and the ConnpaM wiG not pay costs,. attorneys' fees or expenses) which arise by reason of: Part One: t. Taxes or assessments which are not 5twwn as existing Gera by the records of arty taxing authority that levies taxes or assessments on real property or by the pubGC records. 2. Arty facts, rights, interests, or claims which are not shown by the public records but whidt could be ascertained try an inspection of said land w try makirx~ inquiry of persons in possesswn thereof. 3. Easements, claims of easement or ericcunlxarxes which are not shown try the pubGC records. 4. Dissepanties, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would dsckse, and which are not shown by public records. 5. Unpateri[ed meting claims, reservatbrK or excepdore in patents or in acts authorize+g the tssirance thereaF, water rights, claims or tKle to water. 6. Any Gen, a right to a lien, for services, tabor or material theretofore or hereafter famished, imposed by law and not stwwn try the pubGC records. Part Two: 1. Emeonmentai protection tiers provided for by the foibwing exWing statutes, which Gms wiG have priority over the lien of trio Irucued Mortgage when They arise: NONE Form No. 1068-2 Policy No.: 4291-16015 ALTA Hain Language Commitment i2 of 12 `~,~ n _, -;• ~%i •,J ,~~J.C= First American Tide .Insurance company Bell Towne Centre, 4200 6th Avenue Southeast Suite 201, Lacey, WA 98503 (360} 943-9350 - FAX (350) 352-7417 PRNACY POLICY We Are Com~itteri to Safegtmrding Customer Information In order to better serve your needs now and in the future, `we may ask you to provide us with certain infomiatian. 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 infomaation you provrcie to us. Therefore, together with our parent company, The First American Corporation, we hale 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 Fairlnformation !/a/ues, a copy of which. can be found an 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 Iegitimate.Dusiness 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 perrnftted by law. We may, however, shore such information indefinitely, induding the period after which any customer relationship has ceased. Such information may be used for arty 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. Furtfiemmre, we ma 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 financal institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no {onger 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 Policy and Frst American's Fairlnformation ~a/ues: We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. 2001 The Frst American Corporation • All Rights Reserved ~:_..___..__ r.._ 3315 PACIFICAVE SE ~D-1B, OLYMPIA, «'A 98501 PLAT CERTIFICATE Order No.: 20Z9Cg7 Certificate for Filing Proposed Plat: In the matter of the plat submitted for our approval, this Company has examined the records of the County Auditor and County Clerk of THURSTON County, Washington, and the records of the Clerk of the United States Courts holding terms in said County, and from such examination hereby certifies that the title to the following described land situate in said THURSTON County, to-wit: SEE SCHEDULE A (NEXT PAGE) VESTED IN: BARBARA E. SOETEBER, ALSO APPEARING OF RECORD AS BARBARA ELLEN SOETEBER, AS HER SEPARATE ESTATE EXCEPTIONS: SEE SCHEDULE B ATTACHED CHARGE: $300.00 TAX: $ 2 5 . 2 0 Records examined to APRIL 10 , 2003 at 8:00 AM s ~ ,:'lam ~- MARK A KARJALAHTI Title Off-iccr (360)456-7878 rtnTrtrrn/tu~n/vrf~ CHICAGO TITLE INSURANCE COMPANY PLAT CERTIFICATE SCHEDULE A (Continued) Order No.: 2019697 LEGAL DESCRIPTION THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 24, TOWNSHIP 17 NORTH, RANGE 1 EAST, W.M., LYING SOUTH OF THE SOUTH LINE OF THAT CERTAIN PROPERTY AS DESCRIBED 1N DEED RECORDED AUGUST 14, 1997 UNDER AUDITOR'S FILE N0. 3103536 AND WEST OF THOMPSON CREEK (ALSO KNOWN AS DRAINAGE DITCH). EXCEPT THAT PORTION AS DEEDED TO THURSTON COUNTY UNDER AUDITOR'S FILE NOS, 812828 AND 812829; ALSO EXCEPT THOSE PORTIONS AS DESCR(BED.~rN INSTRUMENTS RECORDED UNDER AUDITORS FILE NOS. 867804, 896248, 1028560, 8305200099 AND 3002265. IN THURSTON COUNTY, WASHINGTON c~i.n rcrrn~cc u.nrnm~ CHICAGO TITLE INSURANCE COMPANY PLAT CERTIFICATE SCHEDULE B Order No.: 2019697 This certificate does not insure against loss or damage by reason of the following exceptions: GENERAL EXCEPTIONS: A. 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 for value of record the estate or interest or mortgage thereon covered by this Commitment. B. Rights or claims of parties in possession not shown by the public records. C. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the premises. D. Easements or claims of easements not shown by the public records. E. Any lien, or right to lien, for contributions to employee benefit funds, or for state workers' compensation, or for services, labor, or material heretofore or hereafter furnished, all as imposed bylaw, and not shown by the public records. F. Liens under the Workmen's Compensation Act not shown by the public records. G. Any service, installation, connection, maintenance or construction charges for sewer, water, electricity or garbage removal. H. General taxes not now payable; matters relating to special assessments and special levies, if any, preceding or in the same becoming a lien. I. Reservations or exceptions in patents or in Acts authorizing the issuance thereof; Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes. J. Water rights, claims, or title to water. K. THIS REPORT IS ISSUED AND ACCEPTED UPON THE UNDERSTANDING THAT THE LIABILITY OF THE COMPANY SHALL NOT EXCEED ONE THOUSAND DOLLARS($1000.00). ri~~rcHr~iran,vmr~ CHICAGO TITLE INSURANCE COMPANY 1. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER 1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES): (Continued) Order No.: 2019697 EXCEPTIONS A 6 C D E YEAR: 2003 TAX ACCOUNT NUMBER: 21724230200 LEVY CODE: 170 ASSESSED VALUE-LAND: $ 28,950.00 ASSESSED VALUE-IMPf30VEMENTS: $ 60,900.00 GENERAL & SPECIAL TAXES: PLAT CERTIFICATE SCHEDULE S ~. ..~ BILLED: $ 1,181.42 PAtD: $ .00 UNPAID: $ 1,181.42 2. RIGHT, TITLE AND INTEREST OF DELYNN BARBARA HOBART AS DISCLOSED BY DEED RECORDED JULY 18, 2001 UNDER AUDfTOR'S FILE N0. 3366109. NOTE: SAID DEED DOES NOT CONTAIN PROPER LANGUAGE OF CONVEYANCE. 3. JUDGMENT: AGAINST: IN FAVOR OF: FOR: ENTERED: AUDITORS FILE NOS: DISTRICT COURT CAUSE NUMBER ATTORNEY FOR CREDITOR: DELYNN HOBART GREENWOOD TRUST COMPANY $ 6,873.20 MAY 21, 1997 3112599 AND 3136865 44701 JOHN P. PLOVIE 4. EASEMENT AFFECTING A PORTION OF SAID PREMISES AND FOR THE PURPOSES STATED THEREIN: IN FAVOR OF: PUGET SOUND POWER & LIGHT COMPANY PURPOSE: ELECTRIC TRANSMISSION AND DISTRIBUTION LINE AND APPURTENANCES THERETO RECORDED: MARCH 16, 1931 RECORDING NUMBER: 237549 AND 237551 AFFECTS: SAID PREMISES AND OTHER PROPERTY 5. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON PROPERTY HEREIN DESCRIBED AS GRANTED IN DEED: GRANTEE: RECORDED: THURSTON COUNTY rs.nTCanssiKt~niosa~ CHICAGO TITLE INSURANCE COMPANY PLAT CERTIFICATE SCHEDULE B (Continued) Order No.: 2019697 RECORDING NUMBER: 812828 AND 812829 F 6. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE: INGRESS, EGRESS AND UTILITIES AREA AFFECTED: PORTION OF SAID PREMISES RECORDED: JUNE 12, 1972 AND FEBRUARY 28, 1978 RECORDING NUMBER: 867804, 1028560 AND VARIOUS INSTRUMENTS OF RECORD 1 7. ANY QI~ESTION THAT MAY ARISE DUE~TO SHIFTING AND CHANGING IN THE COURSE OR BOUNDAf~IES OF THOMPSON CREEK. END OF SCHEDULE B vc.~rcKUZiru~,vnsr~ Boundary Line Adjustment LEGAL DESCRIPTION OF PARCELS Parcel A That portion of the Southwest Quarter of the Northwest Quarter of Section 24, Township 17 North, Range 1 East, W.M., lying South of the South line of that certain property as described in deed recorded August 14, 1997 under Auditor's File No. 3103536 and west of Thompson Creek (also known as drainage ditch). EXCEPT that portion as deeded to Thurston County under Auditor's File Nos. 812828 and 812829; ALSO EXCEPT those portions as described in instruments recorded under Auditor's File Nos. 867804, 896248, 1028560, 8305200099 and 3002265. ALSO EXCEPT a strip of land 40 feet in width, lying adjacent to and Easterly of the following described line; Beginning at the Southwest corner of the Southwest Quarter of the Northwest Quarter of said Section 24; Thence North 1°20'06" East a distance of 300 feet to the terminus of this description. The Southerly and Northerly limits of said strip of land to be coincident with and parallel to the South line of the Southwest Quarter of the Northwest Quarter of said Section 24. SUBJECT TO anon-exclusive easement for ingress, egress and utilities, over, under and across a strip of land 40 feet in width, lying adjacent to and South of the following described line; Beginning at the Southwest corner of the Southwest Quarter of the Northwest Quarter of Section 24, Township 17 North, Range 1 East, W.M.; Thence North 1°20'06" East a distance of 300 feet to the True Point of Beginning; Thence continuing North 1°20'06" East a distance of 192.33 feet to an angle- point; Thence North 57°39'00" East a distance of 506.20 feet to an angle-point; Thence Northeasterly a distance of 92.80 feet to the centerline of the County Road known as Berry Valley Road. The Southerly limits of said easement to be parallel with the South line of the Southwest Quarter of the Northwest Quarter of said Section 24. Situate in the County of Thurston, State of Washington Subject to easements, restrictions and reservations of record. Boundary Line Adjustment Parcel B That portion of the Southwest Quarter of the Northwest Quarter of Section 24, Township 17 North, Range 1 East, W.M. described as follows: Beginning at the Southwest Corner of said Southwest Quarter of the Northwest Quarter of said Section 24; Thence North 01°20'06" East a distance of 300 feet; Thence Easterly on a line parallel to the South line of the Southwest Quarter of the Northwest Quarter of said Section 24 a distance of 340 feet; Thence South 01°20'06" West a distance of 300 feet to the South line of said Southwest Quarter of the Northwest Quarter of said Section 24; Thence Westerly along said South line to the point of beginning. SUBJECT TO anon-exclusive easement for ingress, egress and utilities, over, under and across the North 20 feet of the above described Parcel B. TOGETHER WITH anon-exclusive easement for ingress, egress and utilities, over, under and across a strip of land 40 feet in width, lying adjacent to and South of the following described line; Beginning at the Southwest corner of the Southwest Quarter of the Northwest Quarter of Section 24, Township 17 North, Range 1 East, W.M.; Thence North 1°20'06" East a distance of 300 feet to the True Point of Beginning; Thence continuing North 1°20'06" East a distance of 192.33 feet to an angle- point; Thence North 57°39'00" East a distance of 506.20 feet to an angle-point; Thence Northeasterly 92.80 feet to the centerline of the County Road known as Berry Valley Road. The Southerly limits of said easement to be parallel with the South line of the Southwest Quarter of the Northwest Quarter of said Section 24. _ Situate in the County of Thurston, State of Washington. Subject to easements, restrictions and reservations of record. I hereby certify that the above legal descriptions are accurate and in compliance with the Subdivision Code. Said descriptions are not based upon a Recorded Survey. Submitted this 29 "~ day of ~Y , 2003. pE1UfJ15 R. C3AKE2~ PLS Name of Title Company of Surveyor Signature 14 13 235 24 1 PARCEL N0. 21724230105 LINE SDD131p3536 gWD ~~ 0~ o WEI 0 Q PP 2A2~ ~P 2~~ gP~ A0 w o~OPP ~ 096 gip` o GO~~Pg9 p0~~ CL1 ~'I , BOUNDARY LINE ADJUSTMENT BOUNDARY LINE ADJUSTMENT MAP PORTION OF: SW1/4, NW1/4, SEC.24, T17N, RiE, W.M. DANIEL 6 JEANNE HUFFMASTER~~ D "~- DEDICATION DEEDS: Q DF ~ 812828 & 812829. NELY . HOUSE/ ~ 92 • B PARCEL A / /PARCEL N0. PARCEL N0. gip' 21724230900 21724230200 MARK SOETEBER ~. BARBARA SOETEBER ,~ ~ PARCEL N0. ~ - 21724230700 z m m ni ERNEST BUNNEL NEB ~ OCD 1028560 LINE 40_ _ - - - I PARCEL N0. o°) 21724230600 °o VIRGIL & DARLENE m ) BAKER 40 POORTION r WELL ~~ CONTRACT ~~ LINE I Bs78o4 23124 GARAGE SURVEYOR'S NOTES: OCD 8305200099 1 A PORTION OF SWD 815045 PARCEL N0. W 21724230800 . w L DIANNE BUNNELL 1 V N QCD 3002265 I0 yy E 20' g ,~ ~~ PARCEL N0. ~ O 21724230601 ,x VIRGIL & DARLENE ~ BAKER LIVING TRUST, GRAPHIC SCALE: 1"=200' OCD 3217194 ' 0 200 400 - PARCEL B ~ 24 19 THE HOUSE, GARAGE AND PARCEL LINES WERE TRACED FROM AN IMAGE RECEIVED FROM THE THURSTON COUNTY GEODATA WEBSITE AND ARE APPROXIMATE. . THIS MAP DOES NOT PROPORT TO SHOW ANY FENCES AND/OR OTHER SIGNS OF OCCUPATION OR POSSESSION, NOR ALL EASEMENTS, RESTRICTIONS AND RESERVATIONS WHICH MAY AFFECT THIS PARCEL. Geomatics Land Surveying MAY'29, 200'.5 VICINITY MAP P.O. Box 2550 N.T.S. TO Yelm, Washington OLYMPIA 98597-2550 yF< CULLENS _ Mq RD LF - ~ ~S,9 SITE BERRY VALLEY RD `S1oJ THIS IS AN UNSURVEYED TO BOUNDARY LINE ADJUSTMENT YELM CERTIFICATION OF CONFORMANCE I HEREBY CERTIFY THAT THIS BOUNDARY LINE ADJUSTMENT CONFORMS WITH THE REQUIREMENTS OF THE PLATTING AND SUBDIVISION ORDINANCE AS THE ADJUSTMENT DOES NOT CREATE ANY NEW LOTS CONTAINING INSUFFICIENT LOT AREA AND DIMENSIONS TO MEET THE MINIMUM REQUIREMENTS FOR WIDTH AND AREA FOR BUILDING SITES. PLANNING DEPARTMENT DATE rUH AUUIIUH 5 U5t STATE OF WASHINGTON ) ss. COUNTY OF THURSTON ) On this day personally appeared before me ~~ L~~~ ~~~~~ 1-IDa~1+~T~ 8~< (3AR(3A(cA ELLEN[ SoETE(~E,~- (MoT~F.~. & (~AVGNTE,C'~ to me known to be the individual 5 described in and who executed the within and foregoing instrument, and acknowledged that T1~IEY signed the same as .~E~ ~ free and voluntary act and deed, for the uses and purposes therein mentioned. 'I N GIVEN under my hand and official seal this Z`~ day of tilA 20U°i. ~~,~ ~~ NOTARY PUBLIC in and for the State of Washington residing at Yi~L.Ui STATE OF WASHINGTON ) ss. COUNTY OF THURSTON ) On this day personally appeared before me 7A2C~ti! E !_ • & Vr~(71L k'. [3A ICE ~ (u ~5f3A1J ~J ~ t<,111- E to me Known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that Tt-[Ey signed the same as TN E I ~ free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN 20~. hand and official seal this~jD ~ day of ~lA ~~~~ NOTARY PUBLIC in and for the State of Washington residing at `~El.f/~ AUDITOR'S CERTIFICATE File for record at the request of this day of 20_, at minutes past o'clock _.m., and recorded in Volume of Large Lot Subdivisions on page , records of Thurston County, Washington. Thurston County Auditor By: Deputy DECLARATION OF BOUNDARY LINE ADJUSTMENT AND COVENANTS KNOW ALL MEN BY THESE PRESENTS: That we the undersigned having a real interest in the tract of land described by the declaration; and do hereby declare the herein described adjustment of land certified as Boundary Line Adjustment Number , on the day of , 20_, by the Planning Department, subject to the following covenants and conditions: 1. That all subsequent deeds will contain provisions for private roads in the manner described herein. 2. That all maintenance of any private road described by this declaration shall be by the owners of the parcels having legal access therefrom or their heirs, assigns, or successors, unless and until such roads are improved to the subdivision standards and dedicated to and accepted by the appropriate governmental jurisdiction. 3. That any private road will be subject to the further right of the grantor or his successor and of any telephone, electric, gas, water, or sewer company, public or private, to lay or cause to be laid and the right of ingress or egress for the purpose of maintaining telephone, electric, gas, water or sewer pipes, mains, or conduits across a described portion of such road. 4. That with respect to any private road described by this declaration whether it remains private or becomes a dedicated road, there is the additional right to make all necessary slopes for cuts and fills; and the rights to continue to drain said roads and ways over and across any lot or lots where the water might take a natural course upon reasonable grading pursuant to improvement for dedication of the roads and ways shown herein. Following reasonable grading pursuant to improvement for dedication of the roads and ways shown herein, no drainage waters on any lot or lots shall be diverted or blocked from their natural course so as to discharge upon any public road rights-of-way or to hamper proper road drainage. 5. That the adjusted legal description of each of the tracts being adjusted is attached hereto and incorporated by reference as though fully set out herein. 6. That additional covenant, easements, restrictions, if any, solely for the benefit of the grantor, and his heirs, successors, and assigns enforceable only by such persons, are attached hereto either as exhibits or as previously recorded under Auditor's File Number and incorporated by reference as though fully set our herein. That these covenants are for the mutual benefit of the grantor and his heirs, successors and assigns and are for the further purpose of compliance with the resolutions and regulations of the appropriate local governmental jurisdiction, and the local government and such persons are specifically given the right to enforce these restrictions and reservations by injunction or other lawful procedure and to recover any damages resulting from such violation. DATED this ~~ ~ day of MA`~ , 20~?~ /? . ~~~ ~~ti I~ELY~11J 13A-~i3nieA I-Ic~3n2r x (~A~2L1=/.lE L. ~AKF~ Granto /f '" (~ Grantor , i3A~2t3ARA CuE1.l SDE~"iC6E,~ I(' Grantor x ViRG~ ~ ~. ~AKE,~ Grantor Grantor Grantor Cliff ®~ YELL j~~~ ` r, /~~' \ ` PO Box 479 Yeim WA 98597 360-458-3244 APPLICATION FOR / BOUNDARY LINE - Y 1/ Livt w4swnacrcw ADJUSTMENT Fee r~w~ }t }r~ r ti L./ L~ G.. ~:f'tjl~ (} ~ l~Q3 OFFICIAL USE ONLY /. ~~ O[ Fee Date Received 0•~-3 By ~ ,~ File No. 8G~?--o3 -.P ; u2-/L $i 00.00 OR LARGE LOT SUBDIVISION Fee: $250.00, + $10.00/iot (In addition, any professional service charges per Resolution #358) PLEASE SIJBMiT CURRENT PLAT CERTIFICATE WITH APPLICATI®N (Limited Liability Title Report) ~_ Boundary Line Adjustment Large Lot Subdivision NAME OF PROJECT ~i3AKE>2 l3oUi.1DA2`( LI/.lL A I~;i USi ~•E~ r X Owner of Parcels} Purchaser of Parcel(s) Representative APPLICANT 1~f~L1L ~ t~AP•LE'1JE ['~/~I'~Ef; Mailing Address b I' COX '72 City, State and Zip AFL M i t,tlA 1 5~l'7 Telephone ~r •l> - •4 ~i f3 -- 3 2 r C) OWNER Vi~GIL ~ ~~>?Ll:~r. l~tA•K1=,~ Mailing Address fb I~O>< 7' 7 City, State and Zip '`ji= 1 ~ b./~4 ~14~ 5~1 ~ Telephone. •3i C~ •4 ~ `- '7~h'Z SURVEYOR C7-FGM/a'i-iC5 IC? ~. ~~~IIC. Mailing Address f' > t~CtX 'Z `"i r~0 --- City, State and Zip__{1-/.h,i 'rtl A `i'6`~`r 7 Telephone ~.'~GCi -- ~ ~GD - ~i','_fo •?i _ - PROPERTY DESCRIPTION General Location r,Ll/J Oi= (3El'F~ VA LLL"`j (=OAfj ~E Address of Site (if assigned) t'~~lKh ~ • NCi /'1SSi - SCFi E(3F ~ 19•'lG~i Area of Project (in acres, 'rf possible) i~u~i'-F`~' '2 0~7 At~£S `a^~cT1=l~~~ ~ 2 •L~~ aC,~t=S `l: Area of entire contiguous ownership (if other than above) Section "L; Township 17 r1 Range • i >= Assessor's Tax Parcel Numbers} of propert included in this application: `L~~2~123b(,v0 Yc 2i7 212 3c~'~vc~ Zoning District M ~C, Shoreline Designation (if applicable) Comprehensive Plan/Sub-Area Plan Designation Type of on-site structures (give lot numbers) 2~ ~ 24'L 3Gt~E : =~~A C-rt= 1..? Z•t2 3e~ Zcu : i-Ir~~:) i_ (SHOW LOCATION AND LABEL EACH STRUCTURE ON MAP) WHAT USES ARE PROPOSED~FOR THE VACANT LOTS? The uses most 6e;consistent with zoning. X Single Family, on Lots ~ S~ I7 Duplex, on Lots Multifamily, on Lots Commercial, on Lots Industrial, on Lots IF UNDECIDED, LOTS WILL BE REVIEWED FOR ONE 51NGLE-FAMILY RESIDENCE PER LOT. Existing sewage disposal: X None X Septic tank (date installed '~ ~ -Sewer (SHOW ON MAP) i'h~CkL ~~ I~Ar`~GL . ~ Proposed sewage disposal: -None -Septic tank Se~rier Other Existing water supply: None X Individual well on lot(s) # ^ ~ ~r (SHOW ON PAAP} Community V~lell -- Name of System or Owner PAunicipai Water System --Name of Municipality AC,/'L=1~C }= F~CIi~ l~ X51: SSDI~. `) Ul"'FIC[ , R!,C'nnununily Oevclapmenl\Porms ~C Procedures\I3aundL.ine Adjnsl\I3Ln-LIS Ap(~.dnc ti!f 1 I Proposed water supply: _ None _ Individual Wells _ Community Well -Name of System or Owner _ Municipal Water System - Name of Municipality Special areas on your project site: (Show checked areas on map) _ None _ Creek or Stream _ River (Name) (Name) _ Lake/Pond _ Swamp/Bog {Name) _ Cliffs Has a portion of your project site ever flooded? Yes, when? _ DrawlGully _ No _ Do not know (If yes, show area on map) BOUNDARY LINE ADJUSTMENTS ONLY F1 Lot# A Lot Area in Square Feet ~J- 102 ~J/uC7 5F Lot # ~, Lot Area in Square Feet ~~ - I O'L OGG SF 4.qt # ,Lot Area iri Square Feet Lot # ,Lot Area in Square Feet Does the property being s~i~ided have city/countjrlstate road frontage? _ No ~ Yes City of 'YELM County _ State _ If yes, name of road 13r~ie~ Val~.Ey 120h(~ S£ Right-of-Way width of road frontage P/-rJ~ SdEZ't=A~E,~'' ol.! (3E~'~y VALLE`( (SAO, If no, width and length of private road, easement or right-of-way: ~c7 ` feet wide by '~'~- 7 °) 0 ~ feet long If property to be divided is accessed by a private road, how many other parcels have access by this road? 5 ix PhRc:ELS TarAL (Include vacant parcels.) (FOR YELM TOWNHOUSE SHORT PLATS ONLY) For existing townhouse units being short platted: Do the common walls meet building and fire codes? Yes No - 2. For proposed townhouse units: Has the applicant submitted the following to the Site Plan Review Committee? _ Yes _ No (If no, your short plat will be held pending the submittal of those items listed below.) A) Buildino Plans. Typical front and side elevations and exterior architectural treatments of the proposed units. B) Site Plans. Location of buildings in relation to property and lot lines, off-street parking areas, patio and service areas, including garbage disposal areas, landscaping, walls, fences, public and private streets, driveways, all common facilities, open space and walkways. In addition, lot size, percentage of ground coverage and open space shall be included as data on such plan. A topographic map shall also be submitted showing existing and proposed contours at two-foot intervals and which locates existing streams, lakes, marshes and other natural features. The requirement of the topographic map may be waived by the Site Plan Review Committee if it deems it not necessary. PLEASE PROVIDE A REDUCED SIZE COPY OF THE SITE PLAN AND/OR BLA, NOT LARGER THAN 11" X 17". ~~;q qt ~ cv' ~`; ~_ .~~o~ ti~ ~~:~ .,'vat Recording Requested By1 Return Ta: VIR61L R BAKEfl, DARLENE BAKER Po Bax 727, YELM, WA 98597 Substitution of•Trustee WHEREAS the undersigned, as beneficiary under the Deed of Trust described below, Hereby appoints Peelle Financial ofi Washington whose address is 197 E. liamiltan Avenue, Campbell, Ca 95008 as successor trustee under the Deed of Trust. Original Beneficiary: PRAIRIE SECl1RITY BANK ' Original ~Trustor: VIRGIL R Bdl(ER, DARLENE E BAKER , • Recorded in Thurston County; Washington, an 12120195 as Instryment ~ 3005800 Date of Deed of Trust:12114195 Amount of Deed of Trust: $1B000O:Oa NOW THEREFORE, the undersigned, who is the holder of the above described Deed of Trust in consideration of full payment and satisfaction of the deht secured thereunder, hereby requests that the successor • Trustee reconvey to the parties designated 6y the terms of said Deed of Trust, without warranty, all estate now Feld by him under the same. Dated: 1111212002 CENDANT MORTGAG ORPORATION DBA PHH MORT OE SE IC CORPORATION ny: " rl~r Adams As vice President State of California Courity of Santa Clara On 1111212002, before me, the undersigned, a Notary Public personally appeared Flora Adtms, personally known to me to be the person whose name is subsctibed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that lY her. signature on the instrument, the person, or the entity upon bahalf of which the person actei, executed the instrument. Witness my hand and official seal. - KIM GORMAN ~, ~ • n COMM. 1334697 .ti D' • ar y: Kim Gorman ~ ~ NO7AgY PUBLIC-CAUFOHNU ~+ SANTA CLAM COUNTY ~" , •ly C mmission fixpires 01/11/06. ' % •• ~ ' My Canm. Explroe.lAN. 11, 2006 Ci////!/////////////N/////!/////////II/I Prepared by: E. N. Harrison Peelle Management Corporation, P.O. Box 1710, Campbell, CA 95D09.1710140BI866.6868 LhJll 0008038432 ESCROW H 10124102 FlidAl RECONDC4•!A1 90796 Exec(id: 9J1 Inv//46511t12102 01:55:31 46.067 WA Thurston 607:8 6 REiv11TTER rev: 90793 t 0008030432 Il~illll!Illilldlillllll~!If91~'Illllilllllll~llll ? ':::'~, Return Address . Document title(s) (or tr-ansactions~ contained therein): 1. ~. Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor{s) (Last name, first name, middle initial} 1. 2. 3. ^ Additional names on paje _ of document Grlritee(s) (Last name, first name, middle initial) - 1. ~. 3. ^ Additional names on pave - of document Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) ^ Additional legal is on page of document Assessor's Property Tax P;rr•cel/Account Number: Form No. it)b8-2 AL'rA Plain Language Commitment ti``s~ axssy,~r Policy No.: 4241-16016 1of12 ~i~s~ ~~~~~~ ~~~,~~ ~~~~~~~~~ ~~~a~~ Bell Towne Centre, 4200 6th Avenue Southeast, Suite 201, Lacey, WA 98503 (360) 943-9350 - FAX (360) 352-7417 l'HURSTfl19 Ct3UNTYTITLE l3NIT 1~OP3 PETERS ~ ~ MARK MOR~AlH MARI $ECKLI:Y TITLE OFFICER ~ TITLE.OFFICi`R~NIANAGER T1TLE OFFICER ..Beverly Voik Amanda Harvey Escrow Officer Escrow Assistant (360) 491-2441 (360) 491-2441 To: Washington Mutual Bank ~~ ~o•= 5201 f:vergreen Way, Ear01Ml Your Ref.: Everett, WA 98203 . Attn: ~.aufren Markel) Re: Property Address: 14509. Berry Valley Road Southeast Yelm, WA 98597 COMMI~iyfElNT Ft3R TITLE INSUR~,NCP Lssued by FIRSTA~fFR3CAN TITI~FINSURANCF COMPANY Agreement to Issue Policy We agree to issue a policy to you according to the terms of this Commitment. 4291-15016 None When we show the policy amount and your name as the" proposed insured in Schedule A, this Commitment becomes effective as of the Commitment Date shown iri Schedule A. If the Requirements shown in this Commitment have not been met within six months after the Commitment Date, our obligation under this Commitment will end. Also, our obligation under this Commitment will end when the Policy is issued and then our obligation to you will be under the Policy. Our obligation under this Commitrent is limited by the follo~rling: The Provisions in Schedule A. The P,equirements in Schedule 8-i. The Exceptions in Schedule B-2. The Conditions. This Commitment is not valid ~rrithout SGtiedule A and Section 1 and 2 of Schedule E. Form No.10E8-2 ALTA Plain Language Commitrnen: SCHEDULE A Third Co~nmiioneni: 1. 2. 3. Commitment Date; October 7, 2002 at 7:30 A.M. Policy or Policies to he issued: Reorganization Rate Frxtended Mortgagee's Coverage 287,000.00 Proposed Insur=d: - - _ .: :. . Washington Mutual Bank (A} The estate or interest.in the land described in this Cornm'rtment is: Policy No.: X291-Sfi01fi 2of12 AMOUNT PREMIUM TAX Fee simple as to Parcel(s) A, an easement as to Parcel(s) B. (8) .Title to said estate or interest at the date hereof is vested in: Virgil R. Baker and Darlene F. Baker, husband and wife 478.00 3824 4. The land referred to in this Commitment is described as follows: Real property in the County of Thurston, State of Washington, described as follows: Parcel A: That portion of the Southwest one-quarCer.of the Northwest one-quarter of Section 24, Township 17 North, Range 1 East, W.M. described as follows: Beginning at the Southwest rnrner of said Southwest one-quarter of the Northwest one-quarter of Section 24; Thence Easterly along the South line of said Southwest one-quarter of the Northwest one- quarter, 40 feet to the true point of beginning; Thence North 01°20'06" East 300 feet; Thence Easterly on a line parallel to the South line of said Southwest one-quarter of the Northwest one-quarter of Section 24, 300 feet; Thence Southerly to the South line of said Southwest one-quarter of Northwest one-quarter of Section 24; Thence Westerly along said South line to the true point of beginning. Fam No. 2058-2 ALTA Plain Language Ccmrr~itment ParcaJ B: Poucy No.: 4~1-15035 3 of 22 Anon-exclusive easement for ingress and egres; over and across a strip of land 40 feet in width, lying adjacent to and South of the following described line; Beginning at the Southwest tamer of the Southwest one-glrarter of the Northwest one-quarter a~ Secfian 24, Township 17 Nor`~h, Range 1 East,1N.M.; Thence North 1°20'05° East 49233 fe'..t to an angle point; 'Thence North 57°39'00" East 506.20 feet to an angel point; Thence Northeasterly 92.80 feet the centerline of the Caunt`~ Read known as Berry Valley Road, In Tnurston County, Vllashington. ' APB}: 21724230600 . farm No.10b8-2 Policy .lo.: 4291-3b41b ALTA Plain Lnguage Commitrnent 4 of 12 SCHEDilLE ;a SEL'TIt?N ONE 1:tEQUIRl:MENTS The following requirements must be met: {A) Pay the agreed amounts for the interest in the land and/or ~e mortgage t4 be insured. (i3) Pay us the premiums, fetes and charges for the policy. (C) Dbcu~nents satisfactory ~o us creating .the interest in the land and/or the mortgage to be insured must be signed, delivered~and recorded.• • ~ ~: =~'~'~ {D} You must tell us in writing the Warne ofi anyone not referred to in this Commitment who will get an interest in the land or who will make a loan on the land. Vile may then make additional requirements or exceptions. {E) Releases(s) or Reconveyance(s) of Item{s}: (F) Other: (G) You must give us the following information: l: Any off record leases, surveys, etc. 2. Statement(s) of Identity, all parties. 3. Other: ~~r-r ~i,~~,•,,~..,, r,u.• Farm No. 1058-2 AiTA Plain Lanyvage Commitr„ent SCHEDUiE $ SEC7I©)V TirYO EXOEPTIOINS Polity No.: 42~I-16035 S ai S2 Any policy we issue wiil have the following exceptions unless they are taken care of to our satisfaction. The printed exceptions and exclusions from the coverage of the policy or polities are set forth in Exhibit A attached. Copies of the polite forms should be read. They are available from the afnce which issued this Commitment. ~~~, 1. General Taxes for the year 2002. The fir~•:half becomes delinquent after Apri} 30th. The second half becomes delinquent after October•:3ist. Tax kccount No.: 21724230600 1st Half Amount Billed: $ 1,205.13 Amount Paid: $ 1,205.13 Amount Due: $ 0.00 Assessed Land Value: $ 30,500.00 Assessed Improvement Value: $ 150,400.00 2nd Half Amount Billed: $ 1,205.13 Amount Paid: $ 0.00 Amount Due: $ 1,205.13 Assessed Land Value: $ 30,500.00 Assessed Improvement Value: $ 150,400.00 2. Deed of Trust and the terms and conditions thereof. GrantorJTrustor: Virgil R'. •Baker and Darlene E. Baker, husband and wife Grantee/Beneficiary: Prairie Security Bank Trustee: Charter Title Amount: $180,000.00 Dated: December 14, 1995 Recorded: December 20, 1996 Recording Information: 3005800 (includes other property) According to the public records, the beneficial interest under the deed of trust :vas assigned to PHH Mortgage Services Corporation by assignment recorded January 3, 1996 as 3007883 of Official Records. 3. Covenants, conditiors, restrictions and/or easements, if any, affecting title, which may appear in the public record, including those shown on any recorded plat or surrey, but deleting an•/ covenant, condition or restric'~on indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, family status, or national origin, to the extent Such covenant;, conditions or restrictions violate Title 92, Section 3604(c), of the United States Codes. Forth No. 1068-2 ALTA Plzin Language Commitment Policy No_:4?9I-16QSfi 6 of i2 --•----._ ._.-._~.._..-------- ._-._---•-------•--.....__.._------..~.--------._..._~.i Ii+IFORA9ATIONA~ #~OTES A. Fifective January 1, 1997, and pursuant to amendment of Washington State Statutes relating to s~andardization of recorded documents, the following format and content requirement must be met. Failure to cromply may result in rejection of the document by the recorder. B. Any sScetch at~ched 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 Frst American expressly disclaims any liability which may result from reliance made upon it. C. The description can be.abbreviated as suggested be}o~v if necessary to meet standardization 'requirements. The full text of the description, must appear in the document(s) to be insured. SW qr.~ NW qr., Sec. 24, Twnsp, 17 N,~Rng. 1 E, W.M. Tax Parcel Number: 21724230600 D. All matters regarding extended coverage has been deared for mortgagee's policy. The coverage contemplated by this paragraph will not be afforded in any forthcoming owner's standard coverage policy to be issued. Property Address: 1451 Berry Va!!ey Road Southeast, Yelm,1NA 98597 Farm No. iC68-2 ALTA Plain language Cca-nmitrnent CONDITIONS Po~c/ Noy 4291-15036 :7 of 12 1. DEFINITIONS (a)"Mortgage" means mortgage, deed of trust or other security instrument. (b)°Public Records° means title records that give constructive notice of matters affecting the title according to the state law where the land is located. 2. LATER DEi^ECTS • . The Exceptions in Sd~edule 8 -Section Two may be. amended to show any defects,. liens or encumbrances that appear for the first timein the' public records or are aeated or attached between the Commitment Date and the date on which all of the Requirements (a) and (c) of Schedule B -Section One are met. V1le shell have no liability to you because of this amendment. 3. EXISTYNG DEFECTS If any defects, Hens or encumbrances existing at Commitment Date are not shown in Schedule B, we may amend Schedule B to show them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing. 4. LII~I~ATION OF OllR LIABILIbIf Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its Requirements. If we have any liability to you for any loss you incur because of an error in this Commitment, our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to: comply with the Requirements shown in Schedule 8 -Section One or eliminate with our written consent any Exceptions shown in Schedule B -Section Two. We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liabil"rty is subject to the terms of the Policy form to be issued to you. 5. CLAIMS MUST BE BASED ON THIS COMMITMENT Any claim, whether or not based on negligence, which you may have against us concerning the title to the land must be based on this commitment and is subject to its terms. Fom No. 1468-2 ALTA Plain Language t:cmmi~rlf:rsE PoiiCi No-: 42132-1601b 8of12 EXHIi3Ii' A LIST OF PRiNTE7 EXCEPTIONS ANO EXCLUSIC}NS (B3/ Panty Type} i. CALIFaRNTA LANn TITLE AS50CIATIaN STANDARD COVERAGE POLICY - is9a SCHEDULE B EC~xcTIDN5I=RDM COVERAGE Th's pniey does rat inswe lass or cfafrzge (and the Canpany wSl not yay casts, attorneys' fees or expenses) witidt arise tA' reason of: 1. Taxes or asses_arsersts which are not shown as existirsy liens by the records of any ta..ing authariiy that levies taxes er asres~ents an real property or by the pub5C ree'ords. Proceedings by a ptrhl;t agency which my rest:)t in taaas or ~es~sents, or notice of such pr,ngs, Wither or not shown by the records of wch agency or by tre punk t'eccrds. L Arty facts. rights, intet~s, G dais wi~dt aze riot sham by ttt;: Pu4ir records but witidt could be asczr~ined by art iraDectiart of the land or which raay be a-zrted by persons ;n posses_don thereof. 3. Easements, (setts or encumbrances, or clairssis thereof, which are not shown by the public records. 4. Discrepandesr ceidlicts in boundary Mmes, shortage in aria, entcoadunenLS, ar any other faUS which a cared survey would tfisebse, arsd which are not shown by the publit records. 5. (a} Unpatertted mining lours; (b) reservations or exceptions in patents ar in Ads autht'rr-..s„~, Liz issuanc_ thereof; {c) water .;gists, dahits ar title to trrdter, whether ar not the matters e:ctepted under (a), (b), ar (c) are shown by_the.pubGc n'cords. . ,t, 1xU.t}SIONS f~taM COVERAGE The folowing matters are expressly excluded from the coverage of this poScy.and the ;Coripany wGi not pay loss or damage, costs, atttxntys' fees er expenses whiff ar¢e by reascn ' .. ..• . L {a) Any law, sscdtrsance or gdvemmental regulatan 4tuludmg but act Tanned to liudd'titg and zoning laws, ordnances, or regulations) rastrictlrtgr regulating. prohibiting or relating W (q the occupancy, use, or' rinjbymetst of the land: (u) the dtaracter, dmteasoas or location of any improvenent now or hereafter erected rxr the land; n a separation in avmership or a change in the d'enetuiors or area of the land or arty panel df wtuch the land 'i5 ar eras a part; or (iv) environmental protection, or the effeQ of any violation of these Paws, ordinances w govertynerital regulations, exrspt to the extent that a nonce of the enforcement thereof rR a notice of a defect, i'ten ar encumbrance resuking from a violation or alleged violation affetxatg the land has been recorded in the pub& records at Date of Poky. (b) Any governmental police power rat excluded W (a} above, except to the extent that a notice of the exercise thereof or a notice of a defect, Sea ar encmbrance resulting from a violaton ar alleged violation affecting the land ttas been recorded in the public records at Date of Poky. 3. Rights of eminent domain unless notice of the exerose thereof has been recorded in the public records at Date of Polcy, but not excluding tram coverage any taking which has occurred prior to Date of PoTtcy which wou~ be binding an the rights of a purchaser far value w3htwt knowledge. ' • 4. Defeas, Sens, enarrnbrances, adverse claims or other matters: (a} whether or no[ recorded in the public records at Date of Polio/, but seated, suffered, assumed or agreed to by the insured da'rfrtant; (b) not known to the Company, not retarded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the CompaTiy by the insured damsons pro. to the date the insured claimant become an insured under this policy; (c) resulting in no loss or damage to the insured ciaimanC (d) attaching or seated subsequent to Date of Policy; or (e) resuting in loss or damage whtth would rat have been sustained T the insured claimant had Dad value for the Insured mortgage or for the estate or interest insured by thLc pai'tcy. S. UnenforteabTrty of the Sen of the insured mortgage beouse of theasabildy or failure of the irssured at 1?ate of Poiigr, or the inaln7fij or faiturz of arry subsequent owner of the indebtedness, ro comply s+irrTJt applicable °doing business" laws of the state in which the fond is s'tuated. b. ImraGCSty or unenforteabt7rty of the Ilea of the insured mortgage; or claim thereof, wh"rds arises out of the trarssadtan evidenced try the insured mortgage and is teased upon usury or arty consumer credit protection or truth in tending law. 7. Arry daunt, which arises out of the transaction vesting ;n the insrred the estate or interest insured by their policy or the transaction creating the interest of the insured IenC~er, try reason of [he operation of federal bankruptcy, state irsoNency or similar creditors' rights laws. L AMI3tICAN LAND TITLE ASSOCIATION OWNER'S POLIIY FORM B -1970 SCHEDULE OF EXCLUSYONS fROM troYE•RAGE t. Arty law, ard'mance or gwemrnentai regulation (including but not limited to building and zoning ordinances) restricting or reguhating or prohibiting the ocapanty, use ar enjoyment of the land, or regulating the dtaracter, dmsensions or location of arty improvement now ar hereafter eretted an the land, or prohibiting a separation in ownership or a reduction in the dunerss;ons of area of the land, or the effect of asry violation of arty such law; atdinarce or gwemmerslal regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the dxerdse of such rghts appeaa in the public records at Date of Poiic/. 3. Defects, Teens, encumbrances, adverse claims, or other matters (a) created, suKered, assumed or agreed to by the insured claunan[; (b) not Imawn [o the Camparry and oat shown try the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest assured try this policy and not disclosed in wn'tirsg by the insured claimant [o the Company prior to the date such inwred daimanl became an insured hereunder, (c) resulting in no Ions or damage to the insured claimant; (d) attaching u vealed subsequent to Date of Policy; or (e) cesulting in Toss or damage which would not have been stntained if the insured daimanl had paid value for the estate or interest insured by [his policy. 3. AHERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORH B -1970 WSIH REGIONAL EXtEP7ION5 When the Amerion Land Title Association pofic/ is used as a Standard Coverage Policy and .sot as an i9Rended Coverage Poky the exclusions set forth in paragraph 2 atsove are uszd and the following acceptiorts to coverage appear in the policy. SCHEDULE B This policy does no[ insure against toss or damage by reason of the maCen shcwn in parts one and two following: Part Cne 1. Taxes or asszssments'++hich are not shovm as ex-stiing lieru by the records of any taxing authority that Sevies taxes or assess:rsents on rest propery or by the pubic recur s. 2. Arty facts, rights, interes's, or Bairns which are not shown try the public records but rrhirh could be ascertained tY an inspetticrt of said land or try making inquiry of persons in posszssicn thereof. 3. Easements, claims of easement or ercumhrarxes wt5th are rd shown by the DuNic records. 4. Disaepan,ars, cenfi'iCS in boundary lines, shortage in area, encroachments, or any other facts which a cJnM survey wculd disclose. and which are not s`axn tr/ pu~i'K records. 5. Unpatented mining datrns; reservations or exceptions ~n patents or in Acts autMUr~ine the issaanr_ therz:f; water r his, calms or true to water. 6. Any ben, or r,gnt to a lien, for serv'res, lobe. or material heretofore or hereafter furnished, snposed irf law and rci sho,•n by the pubhc records. 4. AMERIGIN LAND TITLE ,iSSOCLITION LOAN POLICY - J97D'MTH A_L.T.A,. EN DORSEHEtYP FORK 1 COVERAGE SCHEDULE Of EXCLUSIONS FT20N COVERAGE t. ar,/ la,.,, ordmarce or ge+emmen2l 2gutaticn (inchr3ng t~:t nu limited to brrrfnq and xerring ordranc";) restricting cr regulating or prct-:b:t~rg the oC=.:Dar../, t/::r ~+io'rment cf the tard, or reguLitrrx) the character. ~rnezcr ~ er Iocalbn of amt improvement now or hereafter ereGCd on the land, or p*oh,b~tir,g a :~paraton in o+•ner~np or a redxt,on ,n tlse danerGions or area of the Lard, er thz effect of any oblation of arty such law ordinance o+ gcrerrmmtai reri,rWt'cn. 2 Rigt:L• of en4nent domain or governmental rights of poC¢e po~rer urJGS notice of the exerdse of arch righL• appears in the public record; at Date of Pd~r/. 3. Defect:. 6e.r„ encu:+brarues. ad•+ersc claims. or other matte , (a) created, suftercd, assrmed ar agreed to ~/the insured r1;irr,ant, (b) not {rr:own to ttv_ CpmDam/ and not :ho+,n Cr the put>:K retud; Cut krv~vm to the insured clamant either al Dat^_ of PDte/ or al lhC datC S:Kh clartr+anl acgtared an estate or hsterrt irt;urCd bi this pope/ or acUi•~red the it ,urtd mcrtg~C and act c:rcb:ed in writing by the ~n:ured ctarnart to IhC Cor'+p~nY t•*br to the drlr, such irr..urcd clarmanl btcamC an irnurrJ herrunder, (c) rrvnlrg » no b.: or danuGC to thr_ insurrrl CL~rnanl; (tQ atlath,r•J rr CrratCd sub:c[;t,enl to Date of COFq (CyC[Gl to the C,lSnt in:unncc aftort'rl heron as to amt ;tatutcry Gen frx IatXir c, rna1CNI n.:o Ito: rv;rTt ~rrnra nCe r. alfordCrl tv_rC~n a5 in •Y,:C;:m'7nt. !rx ;tr~rt mOr7rCmeN ~ Urr1Cr con ;lfuttinn or rrynpY'rC'J .ll D•lIC Of f'Oi~ij. vrdh a r I nhlr A. UnCnlcrrc~rtrbr+ or Ito: I,Cn ct lhr, irt;ur r. tl mnrlgNF' bccaus of ta~turc nt Ihr, imurrd al Oalc of CNir/ nr of amr :vM,Cqucnt a+~nr:r of lM: intkhlcdnc:: In cvnpiY f ~'~~ '~ M bailor,;' burs of the aatn in which lhr land rs r.AualCrl. Form Na. 1d68-2 ALTA Hain Language (:ommlGrtent Policy No.: 4291-16016 9of12 a. AMERICAN LAND TItLE ASSOCIATION LOAN POLICY -19~a wart REGIONAL I:~~PTIONs When Use ArrrrrrGn land Title Assodation 1 Winders Poi'xy's used Ps a ~and.:rd Coverage Policy zed not as an Extended twesage Poftcy, L`e e^dtaia~ set forth in paragraph 4 above are used and the folbvr'stg exceptions to coverage appeaz In 4'te policy. SCtiEDUL-z 8 ' This policy does not insure agairst'~ss or dart>=ge by reason of the matie.5 sho+vn in pare one and two faliowing: Fart Ctte: i. Tares or zsszsa'rren".s witidt are rat shown a5 axisUng Gets by Use records of any taxutg authonty that levies taxes ar assessments on rea! property or by the public retons 2. Arty facts, r's3hts, srteresls, rx dairs tivhiclr are not shown by the publc records but which toukl be ascertained by zn inspetUon of said land or by making ingtiry of persons In possession thereof. 3. Easements, ctaars of easement or enaanbrarrs whidr are not shown by the ptdsGC racards. 4. Diseepartries, mnfikts in boundary lines, sitartage in area, ertsoachrnents, ar am/ other tarts which a correct survey would dt5da52, and which are not shown by public retrds. S. Unpatented mining dacrts, reservations w exceptions in patents or in Acts authoring the issuance thereof; water rights, cairns or Ltle to water. 6. Arty lien, ar right to a Gen, for services, labor or material theretofore or hereafter iumished, imposed by law and not shown by the public records. b. AMERICAN 1AND 3TfLP ASSOCIATION LOAN P0l3CY -1992 SNIlri ALTA. fI9DORSEbilat'frORM 1 COVF~tAG'c 17CCLUSIONS FROM [OVERAGE The Following matters ar! apressly excluded tram the coverage of this poltcy and the Company wiG rmt pay bss or damage, costs, attorneys' fees or expenses which arise by reason af: - ' ..: I. (a) Any law, ord'utance or govemmentai regulation j'intludin9 Cut not lmuZz'd"t0 buGiling and inning laws. ardmams. or regulations} restritiirtg, regulatutg. Prohmiting or relating is (i) the a¢upartcy, use, or enjoyment of the Land; (u7 the draracter, dmtensioris'or location of arty improvement now or hereafter erected an the land; (w) a separation in owaersh'rp or a change in the. dimensions or area of the land or arty parcel of which the land B or was a part; or (iv) ertvironnrentai protection, or the effect of any violation of these laws, ardmarrces or goverfinental regu~Uorts, except to the extent that a•notice of the enforcement thereof or a notice of a defect, Gen or encumbrance resulthrg from a violation ar ~Ieged violation affecting Ure land has been recorded un the public records at Date of PoCxy; (b) Airy governmental poLce power not excluded try (a} above, except to the extent that a notice of the exercise thereof or a Halite of a defert, fien or ertomtbrance resulting from a violation ar aGeged vtotaUon affecting the land has been recorded in tfte public records at Date of PaBcy. 2. Rights of eminent domain unless notice of the rrcerdse thereof has been recorded in the public retards at Date of Pope/, but not excluding from coverage any taking whkh has ocoured prior to Date of Poftcy wh'rrh would be timdirtg on the rights of a purchaser For value without knowledge. 3. Defects, Gems, encumbrances, adverse Bairns, or other matters (a] whether or not recorded in the pubis records at Date of PaGCy, but seated, suffered, assumed or agreed to by the insured rJacrtant; (b) not known to the Comparry, not recorded in the public records at Date of Policy, but known to the insured claimant and not d'sdosed in writing to the Compare/ try the insured claunant prior to the date the insued claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant: (d) atiadting or created subsequent to Date of Policy (exrept Zo the extent that this pol'rry insures the Priority of the Gen of Ifre inswed mortgage over any statutory Gen For services, labor or material or the extent insurance fs afforded herein as to assessments for street improvements under conswcdon ar completed at date of poGry); or (e) nesrriUng in loss ar damage which would not have been sustained U the insured dainarrt had paid value for the insured mortgage. 4. UnerttorceabtTrty of the Gen of the insured mortgage bemuse of the inability or failure aF the insured at Date at Policy, or the inabr r or failure of arsy subsequent owner of the indebtedness, to comply wdh the appGcabie "doing business' laws of the state in which the land is situated. gage and 'a based upon usury 5: invalidity or unenforceabGrty of the Gen of the instrred mortgage, or dawn thereof, wtirrh arises out of Ure transaction evidenced try the insured moil or arty consumer sedrt protection or truth in lending law. rR8) ~ 6. pry statutory Gen for services, tabor or materials (or the claim of prion'ty stf arty statutory Gen for services, tabor ar materials over the Gen of the insured mort a arisf from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part try proceeds of the indebtedness secured by the insured mortgage wh'trh at Date of Porky the insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction seating the interest of the mortgagee insured by this policy, by reason of thti operation of federal bankruptcy, state insolvency, or similar seditnrs' rights lava, that is based on: (i) the transaction seating the interest of the insured mortgagee being deemed a fraudulent rnnveyance or fraudulent transfer, or (n) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (ru) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the talure: (a) to lonely record the instnunen[ of transfer, or (b) of such recordation to impart notice to a purchaser for value or a judgment or Geri seditor. 7. AMERICAN LAND TI1E ASSOCIATION LOAN POLICY -19921trlITii REGIONAL EXCEPTIONS When the Ameri~n Land Title Assoc2tion pdity is used as a Standard Coverage Policy and not as an Extended Coverege Policy the exclusions set forth in paragraph 6 above are used and the following exceptions to coverage appear in the policy SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys tees or expenses) which arise try reason of:~~rty or try the public records. I. Taxes ar assessments which are not shaven as exLsting Here hY the records of any taxirsg authority that levies taxes or assessments on real Z, pry facts, tights, interests, or claims wh'idt are rat shown by the public records but wtirch could be ascertained try an inspection of said land or by making inquiry aF persons in possession thereof. 3. Easemenu, cla'vrs of easement or eruumbrances wtvrh are not shown try the puhiic retards. 4. Discrepandes, conflicts in boundary lines, ShartagE in area, envoad~nents, or arty other facts which a correct survey would dcsdose, and which are not shwm try public records. 5. Unpatenled mining da'ens; reservations or exceptiorss in patents or In Ads aulhorbing the asuance lhereoh water rights, claims or GUe to water. 6. Any Gen, or right to a Ilen, for services, tabor or material theretofore or hereafter fum'shed, imposed by taw and not shown by the public records. S. AMERIG~N LAND TSTLE AS,,OCSATION OWNER'S POLICY -1992 IXCLUSIOr15 FROM COVERAGE The following matters are expressly e"cfuded from the coverage of Utis polio and the Comparry will not pay toss cr damage, co55, attorneys' fees or expenses which arre ty re25on ct: t. (a} arty law, ordinary or govemrr:ental regulation (including but not lini[ed to hru'.dirg and .enirg laws, erCmances, or regulations} restricting, regulating, prohibiting ar re.atrng ;o (r) the xcupane/. use. or enjeyrnent of the !and: (ii) the character, drnensions er tptahor, et cry imprrrenwnt ro•x or hereafter erected on the lard: fur) a separation :n avnership or a char:e in the hrens:ors or area of the Wed or arc{ parr"^_I of which the land is or was a part: cr (r.) emirormental protection, ar the eRttt of any vio'aton at these la•r,s, ordnance ar gwenmentai regulations. except to the a:tent that a notice of the enforcement thereat ar a notice of a defeC Gen or enc•.rrbrance rC.uaT'g fr..m a violation or atleged'~alaticn affeUrg the land tas t>Pen rtterded in the public record; at Date of Porrr. (b) ;,ny gwerrmental pofce po.ver not exch+ded by (a) above, except to the extent that a ratite of the exert a therCC! or a notice of a Cefect, lien or ene.:rrb2nce rc;ult~ng tr~~ a •+gtaUOn ar attcged violation affecting the lard hbS Deen retxded in the pray rttorls at Dare of PctiCr. 2. 0.igh~s of emivnl dprrWin unles notice of the exerc'ae thereof has been rN.orded in the pubbt r¢tord; at Dat^, of Polity, but r,ol r~tludrt+g from co'+erare air{ ta>urg wh:Ch r'). a[vrred prior to Date of Policy whkh would be binding on the rights of a Drrrchascr for value without knowledge. J. Defecl•.. forts, encuTr+brances, adverse claims, or other matter:: (a) creatM.:uffacd. aS;Wrsed or agreed to by the irtiured claimant: (b) not krown to rte ComWrry, not recorded M the put:nc rccorCS at Date of Pd¢•1. but known to the m;u.ed ciaimanl anri not di-1b;ed in .miing to the Camcany try the in;ur claar+ant ortOr to lh! date the insured tlarrnant became an inured unckr lhr: pit ry: (c) rrutl:r+r) in no Fos a darnagc to 1hC in;urcd claimant: (d} artac hr^'1 a crratcct sutrcrrrirnt to Darr. r,! Polity; or (~) rr.;uhmq In loss cr d,7ma,t v,hi(h •~OUId M1 h.T+rt bC en :rr.laincd J tM m;u rr rJ clarn.lni had D.vd '+alnr for the e;tnlc or inl r_rCt irrurctl b'I Ihi,: [watch fbtTn Na.1068-Z Paljcy ya.: 4291-15035 ALTA Pain Lzrtguage Cummitmertt 10 of 12 4. Arty da'isn, whicll arises out of Cse trart~on vestbtg in tts irtsui:d the estate or interest Qst,'rzd by this po~Y, by reason of the operation afi federal bankruptcy, state insa}vetu. f, er similar odors' rights Paws, Ehat is based on: (i} the transaction treadr~g the Yrt~est of the insraed mortgagee being deerrted a fraudulent corweyart~ or fraudulent transfer; ar (~ t!x transaction creating the interest of the isstved rttcrtg-xagee bang deemed a preferential trar~er ezcpt when: the prefererdiai transfer results from the failue (a) to timely record the irtstrurrtent ofi transfer; or (b) of such retordatian to impart notisr to a ptadtaser for vatt~ or a judgment cr lien seddcr. 9. AMERICAN LARD TITLE ASSflCIAT2flN flLYNE'it5 POLICY-19924YIT}i REGIONAL E:CEPTICNS LYhen thz Amerior Lard Ttlr- Assoaatmn D°Lq is usad as a S~r~zrd i:werage FoGey and net as an E~end~ Caverdge Pofcy tha excusions set foY,h in par=saaph 3 at~ove are used and tt~ Foliawing ~Dtb~ ~ tove2ge appear in the po:~cy. SCHEDULE S -This policy does not insure against bss or damage (and the Company wID not pay casts. attorneys' fees ar expenses) which arise by reason of: Part Dne: 1. Taxes ar assessments wh'Ktt are rot shaven as existing (tens by the t'ecorils of arty taxing authorty that levies taxes or assessments on real property or by the pubfic records. 2. Arty falls, rights, attere55, or claims winch are not shown by the pub5c records but syhidl could be ascertained by an inspection of said land or by making inquiry cf persons in P 3. Easements, ciairns of easement or ertumbrances iytadhare trot shown by the ptrbbc retards. 4. D'ssepandes, cnnfl'tctt in boundary latex, shortage in area, encroachments, ~a[ any other facts which a correct survey would drsdose, and which are trot shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Ads aWhoriaag:the' issuance thereof; water rights, tiaurts or tr3ie to water. 6. Arty lien, or right to a Tien, far services, tabor or material theretofore or herea(ter.fpmfstted, imposed by taw and not shown by the public records. ~. •3D. AMERICAN LAND TI7I.EA.SSDQAiIDNRP5IDJ797ZALTITLEIt95URANCEi~OL2LY-]987EXCLU530N5 Fn addbon to the Exceptions in Schedule B, you are not insured against Iris, ~, attorneys' fees and expenses result'ma from: 1. Guverrxnentai pafrcz Power, and the ex'stence orvioiaUon of arty law or goverrmert regulation 7ttis ctcludes bui~ andzaning ordinances and aisa Paws and re3ulations concerning: • land drvLSion • land use improvements an the land . environmental protection This exclusion does trot apply to violations or the erforcement of these matters winch appear in the pubix retards at Policy Date. This texclusion does not timd the inning coverage described in items I2 and 13 of Covered Title Risks. ' 2. The right to taste the lartd by rondemrting rt. unless: • a rrotlce of exert sing the right appears in the Public records on the Policy Date • the taking happened prwr to the Policy Date and is binding on you if you hought~the land without knowing of the taking. 3. Title Risks: • that are seated, atlowed, or agreed to by you • that are known to you, but not to ins, on the Policy hate - rmless they appeared in the public records • that result in no bss Co you • that first affect your tdfe after the Policy Date -this does not limit then labor and matedal ten coverage in Item 8 of Covered Tale Risks Failure to pay value for your tftle. Lack of a right • to arty land outside the area specifically desm'bed and referred to in Item 3 of Schedule A, or • in streets, alleys, or watervrays that touch your land This exclusion does not limit the a¢ess coverage in Item 5 of Covered Ttle Risks. 1L EAGLE PROTECTION OWNER'S POLICY CLTA HOMEOWNERS POLICY OF TITLE INSURANCE -1998 ALTA HOMEOWNER'S aOLLCY OF TITLE INSURANCE - 1998 Covered Risks 14. (Subdivision taw Violation). 15. (Building Permit) 16. (2ortin9) and 1& (Enaaarhment of twundary walls or fences) are subject to Deductible Amounts and Maximum Dollar Limits of Liabr r EJ(CLLISIONS in addtian to Exceptions in Schedule 8, you are oat insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the exLstence or violation of arty law or govemmenl regulation. This includes ordinances, laws and regutalions concerning: a. building b. zoning t. land use d. enprovements an tfa land e. land division L environmental protection Th's exclusion does rot aDDN to violations or the enforcement of these matters iF not'>ce of the violation or enforcement appears in the Public Records at the Policy Date. This exct~sion does net (unit the coverage descrioed in Covered Rise 14, 15, 16,17 or 24. 2. The fauure of Your exist%ry sirvctt;r?s, or arty Dart of them, to be constructed in acccrdatxe witft aDOtcebie Duldtng codes. This E;crlus~n does net apptr to v~atations of b~~ Iding Lodes if notice of the violation aDDears in [he Public Records at the PoLC/ Date. The rcpt to take the land by condemning iL unless: a. a notice of exercising the right appears in thz R:biK Recap at the Poky Date: or b. the taking hapDe^~ More the Policy Date and a bind'vfg on You if You bought the Land without Knovrirq of lt'.e taking. 3. Rsks: a. t1w: are ueated. aiG.r,ed, er agreed to b7 Yom, .+heNer or not the•/ appear in the Public Records; b. that are 1(:,cv,n to You at the P-aict Date, iN~ not to lh, un',ess L'tey aDDear in the PubfK RecorC; at the PoIK'/ Date: c. that resuR in no Ion to'tcu: or d. that tint occur after tM Policy Date -this drr not Cmit t1'.e coverage desuib_d in Centred Ri<k 7, &d, 22, 23. 24 cr 25. 4. Faihsre to pay value for Your TUe. 5. tack of a right: a. to arv Land ouls~e t1e area ~ecircaTl de;cribM and referred to m paragrach 3 ci Schedule A: and p, n ;trorts, ace!-f-• or water~ar that (ouch the (ant. This esc!u;:cn does rot I•mit the cQ,orage d!.cribed m Covered Rck 1 i nr IE. Farm No. 1(}08-2 ALTA P3ain t~rtcfttage Commitment 2Z AAIERICIlH LAND TITL'c ASSSOQATION LOAN FOLICY -2982 NfIIH A.L.T.A. EIVDORSEMEHT i-ORM 1 COVERAGE EXCLtISIOHS FROM COIfERAC~ PaCtLy No.: 4291-16016 11 of 12 Tice fotbw'vtg matters are e^y,-z~ excluded from the overage of this policy and the Comparry wiA not pay loss ar darrtage, costs, attorneys' few or expenses which arise by reason ar 1. (a) Any laww, ord'ctatt~ or govertxnrrttal regutattan (mdtxGrtg but not Cum:ed to btrtldmg and coning laws, ordtnancs, or regtilatiors> t5tg, regL•L:tag, prohtrort'rtg or rotating to (} the otstparcy, use, or enJoyment of the land; n the dtarader, dunertsions or locat'an of any improvement now or hereafter erected on the Land, .m a separation in awt~t5ttip or a ~tSa in the d~slons or araa of the Land or arty parcel of which the Land 's or was a part; or (iv) ertvirorstsental protection, or the effect of arty viokGon of these laws, ordttanc°s or gwerttmenla! regtdaCarts, apt W the extent that a naC~ce of the enforcement thereof or a notice of a defect, Cart or encurrrhranc_ resulting from a violation ar aAeged violation affecting the Land has beer[ retarded tit the Public Records aL Data of Pty. Th's exdtsan Boas not frrtvt the coverage provided urdzr insrmtg provisror5 14,15,16 oral 24 of this poCtcy. (b) Any governmental police power rrot exduded try (a} at~ve, except to the extent that a notice of the exetcse thereof or a nonce of a defect, Gen ar encumbrance resulting frcm a violation or alleged violation affeOtng the land eras been recordad in the Public Ratords at Date of Policy. This exdusion does not 6:nit the overaga provided under insuring provisiarts 14,15,16 and 24 of T1>is poGry. Z. Rights of eminent domain unless notice of the rsxerdse thereof has Deer recorded in the Public itecards at Gate of Paicy, but not exdudutg from coverage arty taking which has occurred prior to Date of Policy which would be bindng on the rights of a purchaser for value m'thaut Knowledge. 3. Deleds, C:ens, ~rihrarrces, adverse datms or outer matters , (a) seated, suffered, asstaned or agreed to by the Ir><trred Claimant; .. • . .. ~ '~ ' • (b) clot known to the Company, not recorded in the Public Records at Date of Foligt, but Xnown to the Insured paimant and not disdased in writing to the Company by the Insured Claimant prior to the date the Insured Cbimartt became an Listaed under this policy; (c} rfstr@irt9 fn no loss or tiarriage to the Insured gaimant; (d) attadimg or seated subsequent ifl Data of Policy (this paragraph (d) does not 5mR the coverage provided under insuring ptavsiaru 7, 8, 15, i7, 29, ZD, Zl, 73, Z4 and ZS}; or (e) tewitin9 in lass or damage wtridt wadd mt have been strstarrted if the lrtsured Claimant had paid value fnr the ]nstued Mortgage. 4. Urtenforceabiiity of the Gen of the Irsured Mortgage becarLSe of the inability or failtue of the Insured at Date of Policy, ar the inability ar faGtse of any subsequent owner of the indebtedness, ra comply with appCrcahle doing business laws of thestate in which the land is situated. 5. Invalidity or trrtenforceabiGty of the Gen of the Insured Mortgage, ar dawn thereof, which arL~es out of the transadion evidenced by the Insrtr•d Mortgage and is based upon: (a) assay, except as provided under marring provision 10 of this poCrLy, or (b) any cortstmrer azdd protection or truth in lertdng taw. b. Taxes or assessnents of arty taxbrg or assessment autt:ority which become a Gen on the land subsequent to Date of Policy. 7. Any claim, whidt arises out of the transaction seating the interest of the mortgagee'snsured by this policy, by rezson of the operation of iederai bankruptcy, state insolvency, or sinrTar sedtors' rights laws, that is based on: (a}the transaction seating the interest of the insured mortgagee being deemed a fraudulent mmeyance or fraudulent trarufer; or (b) the subordination of the interest of the insured mortgagee as a result of the appl'uation of the doctrine of equitable subordination; or (c) the transaction seating the interest of the insured martgayee being deemed a preferential transfer except where the preferential transfer results from the failure: (y to finely reord the instrument of transfer, or n of suds recordation to impart notice [o a purchaser for value or a judgment or Gen creditor. 8. Any da'cn of invalidity, unenfarceabHity or lade of priorty of the Gen of the Insured Mortgage as to advanus or mod,fications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This exdtrsion does not I'unil the coverage provided under insuring provision 7. 9. Lads of priority of the Gen of the Insured Mortgage as to each and every advance made aRer Date of Policy, and all interest drarged thereon, over liens, enctanbrances and other matters affecting GUe, the existence of which are Known to the Insured at: (a) The time of the advance; or (b) The time a moddr~tion is made to the terns of Che Insured Mortgage which dranges the rate of interest charged, if the rate of interest i5 greater as a result of the modification than it would have been before the modfication. This exclusion does not limit the coverage provided under insuring provision 7. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay osts, attcmeys' fees or expenses) which arise by reason oF: 1. Environmental protection liens provided for by the following ens'iing statutes, whidl liens will have priority aver the Ilen at the insured Mortgage when they arise: NONE 13. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1992 ~MT}l EAGLE PROTECTION ADDID 1NrrH REGIONAL EXCEPTIONS When the American Land Title As,ociation ban policy with EAGLE Protection Added 5 teed as a Standard Coverage Pofiey and not as an Extended Coverage Policy Ne exctusiors set forth in paragraph LZ above are used and the foGawirtg exceptions to coverage appear in the policy. SCHEDULE [i This poTxy does rat tnsvre aga':nst bss or damage (and the Cempary wiG npi pay costs,attcrnefs fees or expenses) which arise by reason cf: Part Ore: 1. Taxes cr assessments which are not sheen as ex5tirg liens tY the rttprds of any taxing authority that le+ies taxes or assessments an real Drep°-rY or t;~ tip public records. 2. Arty fans, rights, interests, or claims which are not shown by the public records but which ccuk7 to ascertained ty an inspection of said land or tr/ mating ineuiry of persons in pcssessren thereof. ;. Easamerls, claims of easemer:t cr encamtrarxes whKh are riot shw+n Irr the putrc records. a. C^.,crepand~, confGCS in bcurdary IinG, shortage in area, enc:oact'.r^.enG, or any ottv_r 12C'S whsh a cer,M ~rre'1 'wcr:ld d~.cbse, and which are nct St'o'rm l; f public record;. 5. Unpatented mmrrg Calms, reservations or exce7JOro in pater.G or in acs aulhar;Lir+g the ~arxe thereof; water right, claims cr tRle to water. 6. %J'Y lien, a right to a lien, ter 5crvice5, tator cr material thcretefcre or hereafter furrrhed, imposed b'I law and not Shown by the putGC record;. Part Tyro: 1. Emccnmcr.tat pret~tion lien prc~.Ced for ty the fotbwing Cxt;ting statute;, .,h~ch Grns win have pncrry over the Lien cf Ihrf Irrr:rM Mcrtgarye when thcv arrc: NGNE Fom No. lOfi3-2 Policy No,: 4291-16035 ALTA Plain LanS~age Corranitntent I2 of 12 f ,x. -f i •j. ~i •.. Bell Towne Centre, 4240 6th Avenue Southeast Suite 201, Lacey, WA 98503 (360} 943-9350 - FA : (360} 352-7x17 PRNACY POLICY W2 Are ComtZtitlred ~ Safege~rditig Customer Trformatiors In order to better serve your needs now and in the'fiJture; ~uVe may ask you to provide us with certain information. We understand that you may be concerned about what we will do with`srich information -particularly any personal or financial information. We agree that you have a right th know how we wiJ) utilize.the personal information you provide m us. Therefore, together with our par~rt 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 govens our use of the information which you pmvide 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: Fist American has also adopted broader guidelines that govern our use of personal information regardless of its source. First Amencan calls these guidelines its Fairlnformatian Y~/ues, a copy of which. can be found an our websi#e at www.firstarn.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 applicaticns, fonts and in other communications to us, whether in wnbng, in person, by telephone or any other means; • Information about your transaclions 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 ovm 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 (Z) as permitted by law. We may, however, store such information indefinitely, including the period after which arty customer relationship has ceased. Such information may be used for arty internal purpose, such as quai'rty control efforts or customer analysis. We may also provide all of the types of nonpublic personal information I'~sted 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 compan'~es, or companies invotved in real estate services, such as appraisal companies, home warranty companies, and esQOw companies. Furtfiemrore, we ma 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 finandal insU'tutions with wham we or our affiliated companies have joint marketing agreements. Former Customers Even if you are ro longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use cur best efforts to ensure that no unauthorized parties have access to any of your information. Nle restrict accss to nonpublic personal information about you to those individuals and entities vaho need to kncw that information to provide products or services to you. We will use our best eROrts to train and evers°° our employlees and agents to ensure that your information wilt be handled responsibly and in zccordancz with this Privacy Policy and Rrst American's Fairlnfcrmadon Values V'!e currentty maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal infem~ation. ~, 200I The Fist American CArporatron -All Rights Reserved 33li PACIFI:.AVE SE ~D-1B, OLY~IPLA, l~~A 98501 PLAT CERTIFICATE Order No.: 2019697 Certuicate for Fitins Proposed Plat: in the matter of the plat submitted for our approval, this Company has a°~amined the records of the CountyAuditor and County Clerk of Teti-'r.STON County, Washington; and the records of the Clerk of the United States Courts holding terms in said County, and from such examination hereby certifies that the title to the fallowing described land situate in said TFURSTON County, to-wit: .. ,SEE SCHEDULE A (NEXT PAGE) ~~~~ ~ .. VESTED IN: ~ ....: . BARBARA E. SOETEBER, ALSO P.PPEPRING OF RECOP~D AS BPI3BPR~ ELLEN SOETEBER, AS HER SE~~~2ATE ESTATE EXCEPTIONS: SEE SCHEDULE B ATTACHED CHARGE: $300.00 TAX: $ 2 5 . 2 0 Records examined [o A_R~L• 10, 2003 al S : 00 P_%: Till;: n(i-tccr (3501156-7;i~. ~•~ h ir'It Ib~/ ~~ I In /,,,,, CHICAGO TTTLE INSURANCE COMPANY PLAT CERTIFICATE SCHEDULE A (Continued} Order No.: 2019697 LEGAL DESCRIPTION THAT PORTION OF THE SOUTH1dEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 24, TOWNSHIP 17 NORTH, RANGE 1 EAST, W.T., LYING SOUTH OF THE SOUTH Lt NE OF THAT CERTAIN PROPERTY AS DESCRIBED IN DEED RECORDED AUGUST 14, 1997 UNDER AUDITOR'S FILE N0. 3103536 AND WEST OF THOMP50N CREEK (ALSO KNOWN AS DRAINAGE DITCH). EXCEPT THAT PORTION AS DEEDED TO THURSTOA! COUNTY UNDER AUDITOR'S FILE NOS. 812828 AND 812829; .. . ~' ALSO EXCEPT THOSE PORTIONS AS DESCRCBEq~:`t~N•INSTRUINENTS RECORDED UNDER AUDITORS FILE NOS. 867804, 896248, 1028560, 8305200099 AND 3002265. IN THURSTON COUNTY, WASHINGTON CHICAGO TITLE IiiSURA+~ICE COiVIPANY PLAT CERTIFICATE SCHEDULE B Order No.: 2019697 This certificate does not insure against loss ar damage by reason of the following exceptions: GENERAL EXCEPTIONS: A. Defects, liens, encumbrances, adverse claims or othermatters, 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 for value of~rei:ord the estate or interest or mortgage thereon covered by this Commitrnent. B. Rights or claims of parties in possession not shown by the public records. C. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the premises. D. Easements or claims of easements not shown by the public records. E. Any lien, or right to lien, for contributions to employee benefit funds, or for state workers' compensation, or for services, labor, or material heretofore or hereafter furnished, all as imposed bylaw, and not shown by the public records. F. Liens under the Workmen's Compensation Act not shown by the public records. G. Any service, installation, connection, maintenance or construction charges for sewer, water, electricity or garbage removal. H. General faxes not now payable; matters relating to special assessments and special Ievies, if any, preceding or in the same becoming a lien. I. Reservations or exceptions is patents or in Acts authorizing the issuance thereof; Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes. J. Water rights, claims, or title to water. K. THIS REPORT IS ISSUED AND ACCEPTED UPON THE UNDERSTANDING THAT THE LIABILITY OF THE COMPANY SHALL NOT EXCEED ONE THOUSAND DOLLARS(51000.00). rrwcrzm~r<n.~,rrr» CHICAGO TITLE INSUR4~~iCE COMPANY PLAT CERTIFICATE SCI-~EDLTLE S (Continued) Order No.: 2019697 EXCEPTIONS A 8 C D E 1. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT !F FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER 1 OF THE TAX YEAR (AMOUNTS DO NOT 1NCLUBE INTEREST AND PENALTIES): YEAR: 2003 TAX ACCOUNT NUMBER: 21724230200 LEVY CODE: 170 ASSESSED .VALUE-LAND: $ 28,950.00 I~SSESSED VALUE= I MPItOVEMENTS : $ 60,900.00 GENERAL & SPECIAL TAXES: .• ,.~•BILLED: $ 1,181.42 PAID: $ .00 • UNPAID: $ 1,181.42 2. RIGHT, TITLE AND INTEREST OF DELYNN BARBARA ROSARY AS DISCLOSED 8Y DEED RECORDED JULY 18, 2001 UNDER AUDITOR'S FILE NQ. 3366109. NOTE: SAID DEED DOES NOT CONTAIN PROPER LANGUAGE OF CONVEYANCE. 3. JUDGMENT: AGAINST: IN FAVOR OF: FOR: ENTERED: AUDITORS FILE NOS: DISTRICT COURT CAUSE NUMBER ATTORNEY FOR CREDITOR: DELYNN HOBART GREENWOOD TRUST COMPANY $ 6,873.20 MAY 21, 1997 3112599 AND 3136865 44701 JOHN P. PLOVIE 4. EASEMENT AFFECTING A PORTION OF SAID PREMISES AND FOR THE PURPOSES STATED THEREIN: IN FAVOR OF: PUGET SOUND POWER & LIGHT COMPANY PURPOSE: ELECTRIC TRANSMISSION AND DISTRIBUTION LINE AND APPURTENANCES THERETO RECORDED: MARCH 16, 1931 RECORDING NUIdBER: 237549 Ai`!D 237551 AFFECTS: SAID PREMISES A~JD OTHER PROPERTY 5 . R 1 GHT TO MAKE NECESSAR`( SLOPES FOP, CUTS OP. F ILLS UPO~d PROPEPTY HEP.E 1 i~l DESCRIBED AS GRA~'JTED (N DEED: GRANTEE: PECORDED: THURSTON COUNT`( ri.,~ tctcn~i; ~<hn: a~~~ CHICAGO TITLE INSURANCE CONIPANI' PLAT CERTIFICATE scxEDU~,~ B (Continued) Order No.: 2019697 RECORDING NUMBER: 812828 AND 812829 F 6. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE: INGRESS, EGRESS AND UTILITIES AREA AFFECTED: PORTION OF SAID PREMISES RECORDED: JUNE 12, 1972 AND FEBRUARY 28, 1978 RECORDING NUMBER: 867804, 1028560 AND VARIOUS INSTRUMENTS . OF RECORD ~~~~ 1 7. ANY QIjESTION THAT ~tAY ARISE DUE~TO SHIFTING AND CHANGING IN THE COURSE OR BOUNDARIES OF THOMPSON CREEIC.~•• END OF SCHEDULE B ri_,~r~:« nzn+onro~n Boundary Line Adjustment LEGAL DESCRIPTION OF PARCELS Parcel A That portion of the Southwest Quarter of the Northwest Quarter of Section 24, Township 17 North, Range 1 East, W.M., lying South of the South line of that certain property as described in deed recorded August 14, 1997 under Auditor's File No. 3103536 and west of Thompson Creek (also known as drainage ditch). EXCEPT that portion as deeded to Thurston County under Auditor's File Nos. 812828 and 812829; ALSO EXCEPT those portions as described in instruments recorded under Auditor's File Nos. 867804, 896248, 1028560., 8305200099 and 3002265. ALSO EXCEPT a strip of land 40 feet iri width, lying adjacent to and Easterly of the following described line; Beginning at the Southwest corner of the Southwest Quarter of the Northwest Quarter of said Section 24; Thence North 1°20'06" East a distance of 300 feet to the terminus of this description. The Southerly and Northerly limits of said strip of land to be coincident with and parallel to the South line of the Southwest Quarter of the Northwest Quarter of said Section 24. SUBJECT TO anon-exclusive easement for ingress, egress and utilities, over, under and across a strip of land 40 feet in width, lying adjacent to and South of the following described line; Beginning at the Southwest corner of the Southwest Quarter of the Northwest Quarter of Section 24, Township 17 North, Range 1 East, W.M.; Thence North 1°20'06" East a distance of 300 feet to the True Point of Beginning; Thence continuing North 1°20'06" East a distance of 192.33 feet to an angle- point; Thence North 57°39'00° East a distance of 506.20 feet to an angle-point; Thence Northeasterly a distance of 92.80 feet to the centerline of the County Road known as Berry Valley Road. The Southerly limits of said easement to be parallel with the South line of the Southwest Quarter of the Northwest Quarter of said Section 24. Situate in the County of Thurston, State of Washington. Subject to easements, restrictions and reservations of record. Boundary Line Adjustment Parcel B That portion of the Southwest Quarter of the Northwest Quarter of Section 24, Township 17 North, Range 1 East, W.M. described as follows: Beginning at the Southwest Corner of said Southwest Quarter of the Northwest Quarter of said Section 24; Thence North 01°20'06" East a distance of 300 feet; Thence Easterly on a line parallel to the South line of the Southwest Quarter of the Northwest Quarter of said Section 24 a distance of 340 feet; Thence South 01°20'06" West a distance of 300 feet to the South line of said Southwest Quarter of the Northwest Quarter of said Section 24; Thence Westerly along said South line to the point of beginning. SUBJECT TO anon-exclusive easement for ingress, egress and utilities, over, under and across the North 20 feet of the above described Parcel B. TOGETHER WITH a non-exclusive easement for ingress, egress and utilities, over, under and across a strip of land 40 feet in width, lying adjacent to and South of the following described line; Beginning at the Southwest corner of the Southwest Quarter of the Northwest Quarter of Section 24, Township 17 North, Range 1 East, W.M.; Thence North 1°20'06" East a distance of 300 feet to the True Poin# of Beginning; Thence continuing North 1°20'06" East a distance of 192.33 feet to an angle- point; Thence North 57°39'00" East a distance of 506.20 feet to an angle-point; Thence Northeasterly 92.80 feet to the centerline of the County Road known as Berry Valley Road. The Southerly limits of said easement to be parallel with the South line of the Southwest Quarter of the Northwest Quarter of said Section 24. Situate in the County of Thurston, State of Washington. Subject to easements, restrictions and reservations of record. I hereby certify that the above legal descriptions are accurate and in compliance with the Subdivision Code. Said descriptions are not based upon a Recorded Survey. Submitted this 29'~ day of /~Y pE1J1J15 R. 1:3AKER, PLS Name of Title Company of Surveyor 2003. Signature 14 13 2324 PARCEL N0. 21724230105 SpUS3~p3~36 gWQ0,G~2~ ~ 0 WEI 0 PP~2A ~~Q' 2ti ~~' a$ w Q,A 962 ' BOUNDARY LINE ADJUSTMENT BOUNDARY LINE ADJUSTMENT PORTION OF: SW1/4, NW1/4, SEC.24, T17N, R1E DANIEL & JEANNE HUFFMASTER~ti Q DF ~ -, NELY . HOUSE/ J 92.8 / /PARCEL N0. :n 21724230900 MAP W.M. PARCEL A PARCEL N0. 21724230200 p~~ c•( ~„~ 5pv MARK SOETEBER ', BARBARA SOETEBER o .~Q.P , p0 o G0~ 39 OCD 8305200099 , A PORTION OF ;U ~5'I ~ SWD 815045 .•, PARCEL N0. ~ ~'Z 21724230700 PARCEL N0. W m - 2.172423D800 w ERNEST BUNNELL - ~ Pa rn DIANNE BUNNELL ~ U N NE~4' OCD 1028560 ~~, OCD 3002265 ~ W E • ( PARCEL N0. 20' ~j S °o I 21724230600 PARCEL N0. O 21724230601 °o VIRGIL & ^ARLENE BAKER VIRGIL & DARLENE 40 POORTION r WELL BAKER LIVING TRUST, GRAPHIC SCALE: 1"=200' ~~ CONTRACT OCD 3217194 LINE 867804 0 200 400 23 24 GARAGE pARCEL B -~-~ 24 19 SURVEYOR'S NOTES: -- THE HOUSE, GARAGE AND PARCEL LINES WERE TRACED FROM AN IMAGE RECEIVED FROM THE THURSTON COUNTY GEODATA WEBSITE AND ARE APPROXIMATE. - THIS MAP DOES NOT PROPORT TO SHOW ANY FENCES AND/OR OTHER SIGNS OF OCCUPATION OR POSSESSION. NDR ALL EASEMENTS, RESTRICTIONS AND RESERVATIONS WHICH MAY AFFECT THIS PARCEL. Geomatics Land Surveying MAY'2g, 2003 VICINITY MAP P.O, Box 2550 N.T.S. TO Yelm, Washington OLYMPIA 98597-2550 ~F<,y CULLENS q` RD F - /S9 SITE BERRY VALLEY RD S~O~ THIS IS AN UNSURVEYED TO 80UNDARY LINE ADJUSTMENT YELI+i CERTIFICATION OF CONFORMANCE I HEREBY CERTIFY THAT THIS BOUr1DARY LINE ADJUSTMENT CONFORMS WITH THE REQUIREMENTS OF THE PLATTIr1G Ar1D SUBDIVISION ORDINANCE AS THE ADJUSTMENT DOES NOT CREATE ANY NE'~l LOTS CONTAIriIr1G INSUFFICIENT LOT AREA AND DIMEr1SI0NS TO h1EET THE MINIMUM REOUIREtdErlTS FOR t•JIDTH AND AREA FOR BUILDING SITES. PLANr1?r!G DEPARTME~dT DATE )EDICATION DEEDS: 812828 & 812829. FOR AUDITOR'S USE ONLY STATE OF WASHINGTON ) ss. COUNTY OFTHURSTON ) On this day personally appeared before me ~~ L~h~~ I~i°~~9P+4 I-IGl3t1~T 2 (3A(L(3A(-•A FLLF~.( SOE'T'C (JC,~ ~/btoT>-iF,2. & DAVGI-ITL,C'~ to me known to be the individual 5 described in and who executed the within and foregoing instrument, and acknowledged that i1-iEY signed the same as :PEE"~ free and voluntary act and deed, for the uses and purposes therein mentioned. 'i ~I GIVEN under my hand and official seal this Zq day of MA 20~~3. ``u~,,..........~ur~i~ ,.~``~S,Ft.,e ''%', ~~o~~,OTARy ~,'.~' ~.Q.~ ~l.J=~ ~; `• ~ pUe~tc o° ~ ~° NOTARY PUBLIC in and forthe State of /'N~9 ~fe?~ber1,~'' C'~~` Washington residing at `(F'L,Lt ~o T''• ........• r'~r~unupn«isd STATE OF WASHINGTON ) ss. COUNTY OF THURSTON ) On this day personally appeared before me 7A('L~tif E )_ • & 1/l~GIL ~. ~3A ~E r (N ~513~4~1(J ~ yl - F E ) to me Known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that ~Ey signed the same as ~ k t ~ free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this ~Ja ~ day of ~1r4 ` \```pUU W i i iuururiq~''. r o ~OTAR y u,~~~ ,( iN,.q ~. ~ pU8 1CL / `r.~.- ~ ~~G y~ ie .t ;t;: ~~~ NOTARY PUBLIC in and for the State of ,~9pF.!?~ber . •~~\`~, Washington residing at S~El.AA ''ii~,.~F WAS~`,~r` . • ~ AUDITOR'S CERTIFICATE File for record at the request of this day of , 20 , at minutes past o'clock _.m., and recorded in Volume of Large Lot Subdivisions on page ,records of Thurston County, Washington. Thurston County Auditor By: Deputy DECLARATION OF BOUNDARY LINE ADJUSTMENT AND COVENANTS KNOW ALL MEN BY THESE PRESENTS: That we the undersigned having a real interest in the tract of sand described by the declaration; and do hereby declare the herein described adjustment of land certified as Boundary Line Adjustment Number , on the day of , 2t)_, by the Planning Department, subject to the following covenants and conditions: 1. That all subsequent deeds will contain provisions for private roads in the manner described herein. 2. That all maintenance of any private road described by this declaration shall be 6y the owners of the parcels having legal access therefrom or their heirs, assigns, or successors, unless and until such roads are improved to the subdivision standards and dedicated to and accepted by the appropriate governmental jurisdiction. 3. That any private road will be subject to the further right of the grantor or his successor and of any telephone, electric, gas, water, or sewer company, public or private, to lay or cause to be laid and the right of ingress or egress for the purpose of maintaining telephone, electric, gasp water or sewer pipes, mains, or conduits across a described portion of such road. 4. That with respect to any private coact described by this declaration whether it remains private or becomes a dedicated road, there is the additional right to make all necessary slopes for cuts and fills; a'nd the rights to continue to drain said roads and ways over and across any lot or lots where the water might take a natural course upon reasonable grading pursuant to improvement for dedication of the roads and ways shown herein. Following reasonable grading pursuant to improvement for dedication of the roads and ways shown herein, no drainage waters on any lot or lots shall be diverted or blocked from their natural course so as to discharge upon any public road rights-of-way or to hamper proper road drainage. 5. That the adjusted legal description of each of the tracts being adjusted is attached hereto and incorporated by reference as though fully set out herein. 6. That additional covenant, easements, restrictions, if any, solely for the benefit of the grantor, and his heirs, successors, and assigns enforceable only by such persons, are attached hereto either as exhibits or as previously recorded under Auditor's File Number and incorporated by reference as though fully set our herein. That these covenants are for the mutual benefit of the grantor and his heirs, successors and assigns and are for the further purpose of compliance with the resolutions and regulations of the appropriate local governmental jurisdiction, and the local government and such persons are specifically given the right to enforce these restrictions and reservations by injunction or other lawful procedure and to recover any damages resulting from such violation. DATED this 2~~ day of MA`~ ,20U3, DELYrJi.1 13i~~2i3Ai~A I-ic(3~~i~ Grantor.. ~'' ~ Grantor ~~j«y~~~ ~~~~~ ~ 3A~ ~3A2A ELLE/.l jDiJ'I'C 6r~' ~~ Grantor 1 x yiRc.J~ >;. rAK Grantor Grantor Grantor FindLaw !Legal Professionals !Students !Business !Public !News FindLaw rar Legal Prpfessipnals E-mail( Cases & Codes ~ Forms !Legal Subjects !Federal !State !Library !Boards Law Firm F~ Lawyer Search city or ZIP State - Select a Practice Area '- :Search! FindLaw Search the Legal Dictionary Search Dictionary interest ['in-trest; 'in-te-rest, -'rest] probably alteration of earlier interesse, from Anglo-French, from Medieval Latin, from Latin, to be between, make a difference, concern, from inter- between, among + esse to be 1: a right, title, claim, or share in property 2: a specific concern or level of involvement (as financial involvement) esp. that warrants recognition or causes bias Example: had a right to intervene because of an interest in the litigation Example: recused himself due to an interest in the matter (see also conflict of interest) 3: something that causes or warrants particular attention: as a: a principle, purpose, or object of concern b: a right esp. that arises from a constitution (as the U.S. Constitution) esp such a right considered as an issue or claim created in or involving a particular situation or thing Example: no person will be deprived of his interests in the absence of a proceeding in which he may present his case -- Marshall v. Jerrico, Inc., 446 U.S. 238 (1980) 4: the well-being of a person (often used in pl.) Example: does not serve the child's best interests 5: a charge for the use of another's money that is usu. a percentage of the money being used Example: an account yielding 7% interest Example: paid back the loan with interest Article Nine security interest : "security interest § 2" in this entry beneficial interest the right to the use and benefit of property Example: a beneficial interest in the trust contingent interest a future interest whose vesting is dependent upon the occurrence or nonoccurrence of a future event (compare vested interest) in this entry controlling interest : sufficient stock ownership in a corporation to exert control over policy equitable interest an interest (as a beneficial interest) that is held by virtue of equitable title or that may be claimed on the ground of equitable relief Example: claimed an equitable interest in the debtor's assets executory interest a future interest other than a remainder or reversion that may take effect upon the divesting of a prior interest or one created simultaneously Note: Unlike a remainder, an executory interest does not require the expiration of a prior interest. It was designed to guard against the destructibility of contingent remainders set forth in the rule in Shelley's case. expectation interest the interest of a party to a breached contract in receiving the benefit of the bargain by being put in a position as good as that which would have resulted had the contract been performed (called also e_pectanc~ interest) (compare reliance interest in this entry) future interest an interest in property limited or created so that its owner will come into the use, possession, or enjoyment of it at some future time (see also contingent interest and executory interest in this entry) (compare remainder reversion) insurable interest : an interest or stake in property or in a person that arises from the potential for esp. financial loss upon the destruction of the property or the death of the person and that is a requirement for enforcing an insurance contract Note: The purpose of requiring an insurable interest is to prevent the use of insurance as a form of gambling or as a method of profiting from destruction. legal interest : an interest that is recognized in law (as by legal title) (compare equitable interest in this entry legal title at title) life interest : an interest lasting for the duration of a person's life that forecloses the ability to affect the property beyond that term (compare life estate at estate § 1) possessory interest an interest (as a right) involving or arising out of the possession of property Note: A possessory interest is based on control rather than use. Thus a lessee who occupies and controls the use of property has a possessory interest, while a party who has an easement does not. purchase money security interest 1 ~ the SP~iirity intPrPSt hPlci by the ~PIIPr of rnllatPral to ~P~i~rP payment of all or part of the price 2 : the security interest of a person that gives value to a debtor so that the debtor may acquire rights in or the use of collateral reliance interest the interest of a party to a breached contract in being compensated for detriments suffered (as expenses incurred) in reliance on the agreement (compare expectation interest in this entry) reversionary interest an interest in property (as a possibility of reverter or a power of termination) remaining in the transferor of the property or in his or her successor in interest security interest 1 : an interest in property that exists by contract as security for payment or performance of an obligation Example: the security interest of a mortgagee in the mortgaged property also "lien" Note: While a lien maybe created by statutory or judicial means without any agreement providing for security (as in the case of a tax lien or judgment lien), a security interest and lien may inhere in the same claim, as when a mortgage comprises both a lien on and security interest in the mortgaged property. 2 : an interest in personal property or fixtures created by a security agreement that secures payment or performance of an obligation Example: the creditor had a security interest in the inventory and accounts receivable of the business (called also Article Nine security interest) (see also attach § 3 2perfect § b purchase money security interest in this entry) Note: Security interests in personal properly are governed by Article 9 of the Uniform Commercial Code. The security interest set out in Article 9 largely replaces the traditional devices for security, such as the pledge and chattel mortgage. A security interest in property that has attached enables a creditor to obtain satisfaction of a debt out of the property without the need to obtain a judgment in court and levy on the property. Further, it provides the creditor with priority over competing claims against the property. terminable interest an interest (as in a life estate) that will terminate upon the occurrence of an event or the passing of time vested interest a present and certain right to the present or future enjoyment of property (compare contingent interest in this entry) working interest : the interest of a party that holds the right to oil, gas, or minerals on a property and that bears production costs (see also overriding royalty) compelling state interest a governmental interest (as in educating children or protecting the public) which is so important that it outweighs individual rights public interest 1 a :the general welfare and rights of the public that are to be recognized, protected, and advanced Example: the attorney general has standing as a representative of the public interest b : a specific public benefit or stake in something Example: the public interest in controlling crime 2 : the concern or attention of the public Example: a matter of widespread public interest liberty interest an interest in freedom from governmental deprivation of liberty esp. without due process Example: the liberty interest implicated by the needless discouragement of the exercise of the right to counsel -- State v. Albert, 899 P.2d 103 (1995) (dissent) privacy interest an interest in freedom from governmental intrusion into matters in which one has a reasonable expectation of privacy Example: we have no privacy interest protected by the federal Constitution in limiting public or government access to knowledge of our financial transactions -- L. H. Tribe property interest an interest in freedom from governmental deprivation of property and sources of financial gain (as employment or a government benefit) without due process broadly something (as a job or benefit) to which one has a legitimate claim of entitlement and that cannot be taken away without due process as distinguished from the unprotected object of a need, desire, or expectation compound interest interest computed on the sum of the original principal and accrued interest legal interest a lawful interest rate and esp. the highest rate allowed Example: proposals to increase the legal interest on department store credit cards to 15% --American Banker also interest computed at such a rate Example: awarded the defendant legal interest (compare usury) qualified residence interest interest that is deductible from adjusted gross income under federal tax law when it is paid on debt that is secured by one's residence and that was incurred for the acquisition, construction, improvement, or refinancing of the residence or through a home equity loan simple interest : interest computed on the principal of a loan or account Merriam-Webster's Dictionary of Law ©1996. Merriam-Webster, Incorporated. Copyright ©1994-99 Published under license with Merriam-Webster, FindLaw Incorporated. ~" ~ ._ r Search ' from mote than 3,000 ~~~ ~OFJS Find a Job Search! FindLaw Newsletters ^ Top Legal News Headlines ^ Legal Grounds ^ Labor & Employment Law Your email hE Subscribe More Newsletters MY FindLaw Email: ~- Password: ~- . Keep me logged in until I sign out. Sign In Forgot Your Password ?click here! New User ? Click Here! LEGAL NEWS: Top Headlines • Supreme Court • Commentary • Crime • Cyberspace International US FEDERAL LAW: Constitution • Codes • Supreme Court Opinions • Circuit Opinions F i ~ ~J~ -ii__ US STATE LAW: State Constitutions • State Codes • Case Law (`.lt 1r.`.1f.-CY7[YT I RESEARCH: Dictionary • Forms • LawCrawler • Library • Summaries of Law LEGAL SUBJECTS: Constitutional • Intellectual Property • Criminal • Labor • more... RESOURCES ~`~,~ ~ GOVERNMENT RESOURCES: US Federal • US State • Directories • more... 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FindLaw Search the Legal Dictionary Search Dictionary I owner one with an interest in and often dominion over property: as a: "legal owner" in this entry b: one with the right to exclusive use, control, or possession of property c: a purchaser under a contract for the sale of real property (see also equitable owner in this entry) beneficial owner 1 : one holding a beneficial interest in a trust (compare beneficial interest at interest § 1) 2 : one enjoying the benefit of property of which another is the legal owner Example: was the beneficial owner of property held by the parent corporation 3 : one who has or shares the power to control the voting or investment of stock Example: was considered the beneficial owner of stock held by her minor children equitable owner one (as a beneficiary of a trust) who is considered to have rights or obligations of an owner regardless of legal title on the ground of equity Example: do not have legal title but, upon execution of the contract, they became equitable owners and have power to sue to protect their land -- Dessen v. Jones, 551 N.E.2d 782 (1990) legal owner one who has legal title to property broadly one determined by law to own property Example: a dispute over who is legal owner of the money naked owner in the civil law of Louisiana an owner of property burdened by a usufruct Example: a usufructuary possesses the usufruct for himself and the thing for the naked owner -- Louisiana Civil Code record owner one who is the owner of property (as land or stock) according to current appropriate records Example: received a tax bill as record owner of the land (called also owner of record) Merriam-Webster's Dictionary of Law ©1996. Merriam-Webster, Incorporated. Copyright ©1994-99 Published under license with Merriam-Webster, FindLaw Incorporated. FindLaw Newsletters ^ Top Legal News Headlines ^ Legal Grounds ^ Labor & Employment Law Your email ht Subscribe '° More Newsletters MY FindLaw Email: ~- Password: ~- ^ Keep me logged in until I sign out. ;:-Sign In' Forgot Your Password ?click here! New User ? Click Here! LEGAL NEWS: Top Headlines • Supreme Court • Commentary • Crime • Cyberspace i International F i ~ ~T ~~F E US FEDERAL LAW: Constitution • Codes • Supreme Court Opinions • Circuit Opinions J,,~VI. V V US STATE LAW: State Constitutions • State Codes • Case Law RESOURCES ~ ~r~- RESEARCH: Dictionary • Forms • LawCrawler • Library • Summaries of Law LEGAL SUBJECTS: Constitutional • Intellectual Property • Criminal • Labor • more... GOVERNMENT RESOURCES: US Federal • US State • Directories • more... INTERNATIONAL RESOURCES: Country Guides • Trade ~ World Constitutions • more... COMMUNITY: Message Boards • Newsletters • Greedy Associates Boards TOOLS: Office • Calendar • CLE • Email • West Workspace • FirmSite • Toolbar Advertising Info • Add URL • Help • Comments Jobs@FindLaw • Site Map Company ~ Privacy Policy ~ Disclaimer Copyright ©1994- FindLaw