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Applications and Originals/ ~p4' ~F T~ p~t~ QQ. r~ YELM WASHINGTON CITY OF YELM PO Box 479 Yelm WA 98597 360-458-3835 APPLICATION FOR Final Plat ^; ~ . ~~~~ OFFICIAL USE ONLY __~ 1 Fee 75~C~7 Date Received sy File No. Fee: $750.00 (In addition, any professional service charges per Resolution #358) APPOINTMENT REQUIRED FOR APPLICATION SUBMITTAL -Please call 458-3835 Subdivision Name ~ 1~~~t ~ ~(-~ Dly t 5 l0~ Case # and Name of Preliminary Plat Approval S~~ ~-© 2"-~-/ i 7- ~4- Tax Parcel Number(s) ~"~ 3J~~~~ `+'~`~ ~~ ~O ~~~ ~ ~~~~O~d`~-~~~ ~-ri2 D , r_ , F SUBDIVIDER Y~-nn Pay z~u i~-v T,~r~r Ll.~ Name 1CoL422 dA I d0. P-(ki7~ Address _ t;~ vJA ~~ ft~ Phone Fax E-mail PROPERTY OWNER(S) Name Address Phone Fax E-mail SURVEYOR PAT `F~ d F ~awl>; ,~s ~t..ot.J Name Address Phone Fax E-Mail ENGINEER Name P~ 0 t ~~~ Address ~~y ~ Phone Fax r ~ n~naLt~,, ~~ skti ~(.ivu~ . cv~+~ E-Mail LAND USE BREAKDOWN (Calculate to the Nearest Hundredth) ~ Total Acreage ~ Number of Single Family Residential Lots 4(Q Number of Multifamily Residential Lots ~ Number of Commercial Lots Q Number of Industrial Lots a Smallest Lot Area 4,9~~5~ Average Lot Area >>~-tt 5~ Total Acreage in Open Space ~ Fee in Lieu of Open Space Length in Public Streets t y ~~ 'Xo t-F Total Acreage in Public Streets , ~ AG Length in Private Streets ~ Total Acreage in Private Streets ~ All of the information on the reverse side of this application is required to be filed at the time of final plat submittal unless a written waiver from the planner or engineer accompanies the application. After this office has received written acknowledgment from all departments required to sign the plat, the legislative body will be so advised and a date for a public meeting will be set for their consideration. G:\Web Content\commtmiry development\Final Plat Application.doc 9/01 JAN-22-2004 THU 08:36 AM SKILLINGS-CONNOLLY FAX N0, 360 491 3857 P, 02 [- SKILLINGS ,..~ COMMOI~~Y 5016 Lacoy Boulevard 6 E.. Lacey, WA 98503 LETTER OF TRANSMITTAL. (360)491-1399 1-000.454-7545 FaK(3fi0)491-3857 Skllllny9~sklllihps.tom wy,M,.akil8nga.com To: Yelm Property Development t_LC 16422 Middle Rd. S.E. Yelm, WA 98597 Date: ~ X21 ~~ Proj®ct Numb®r: #o2o2s ATTN: Denny Balascio RE: Willow Glenn Division 2 These items are for you to sign and submit to City of Yelm (Jim Gibson). Copies to: Signed: Gareth M. Johnson If enclosures are not as noted, kindly notify us at once. THESE ARE TRANSMITTEp D For your ^ Fur action [) For review ~ For your use l7 As requested information specified beiow and comment SKILLINGS CC~NNOLLY 5016 Lacey Boulevard S.E., Lacey, WA 98503 LETTER OF TRANSMITTAL {360)491-3399 1-800-454-7545 Fax (360}491-3857 skillings@skillings.com www.skillings.com To: City of Yelm P.O. Box 479 Yelm, WA 98597 ATTN: Tami Merriman Date: 11-21-03 Project Number: #02026 RE: Willow Glen Division 2 WE ARE SENDING YOU THE FOLLOWING ITEMS: COPIES DATE DESCRIPTION 11 11-21-03 Folded co ies of the final lat ma 1 11-21-03 11x17 reduced co of final lat ma 4 Copies of lot closures 1 Bill of sale 1 Summa ex lanation letter showin a royal conditions, etc., met 1 Final Plat A lication 1 Final Plat Certificate from the Title Com an THESE ARE TRANSMITTED ^ For your ^ For action ®For review ^ For your use ^ As requested information specified below and comment REMARKS: ~~ , ~. , ~~" (~ ~~Z Copies to: ~i(,I~ Signed: Gareth M. JQh son If enclosures are not as noted, kindly notify us at once. r SKILLINGS CONNOLLY November 14, 2003 #02026 Tami Merriman, Planning Technician City of Yelm P.O. Box 479 Yelm, Washington 98597 RE: Willow Glen Division 2, Yelm Project No. SUB-02-8317-YL Dear Ms. Merriman: On behalf of the applicant, this letter is to provide you with a summary explanation of how all the Hearing Examiner's conditions of approval and SEPA mitigation have been or will be met. In reference to the Report and Decision of the City of Yelm Hearing Examiner, the conditions are listed under Item #6 under Conclusions. Conditions nos. 1, 2, 3, 7, 8, 10, 11, 12, 14, 15, 16, 17, 18, 19, 20, 21, 22 and 24 have been met as a part of the submittal and approval of the civil plans, storm water report and the final plat. The applicant has paid the open space "fee in lieu of as required by condition no. 5. The final plat shows conditions nos. 2 and 3 as required. Condition no. 4 is addressed in the Covenants and Restrictions of the Homeowner's Association under a section regarding fences and walls. The final plat shows a note referring to this specific restriction on fencing, walls and shrubs which applies to all lots in the subdivision. Conditions nos. 6, 9, 13 and 23 refer to fees that are to be paid at time of building permit issuance. If you have any questions or if we can be of further assistance, please call and let us know. Sincerely, SKILLINGS-CONNOLLY, INC. Consulting Engineers ~~~ ~~~, 1 T. Patrick Fox, PLS Project Surveyor TPF:pu g:\project12002\02026\11-14-031trtoplanner.doc CIVIL • TRANSPORTATION • ENVIRONMENTfiL • CONSTRUCTION PO Box 5080 Lacay, Washington 98509-5080 360-491-3399 1-800-454-7545 Fax 360-491-3857 E-mail skillings@skillings.com www.skillings.com NOV-05-2003 WED 10 51 AM SKILLINGS-CONNOLY CONST. ~- ccmmux~ity Deveiapment Department City of Ye1m P.O. Box 479 Yelra, WA 98597 FAX N0. 3604559027 OFFICIAI. U$R ONLY Date Received: Received By: P. 02 ~' j M „~' C ~ ``~ G ~ '_'~ ~INAL PUNCH I.IS'1' ApPT.iCATION ~ U8F BLACK INK ONLY I .~,~.~~ •ess: 1lo~ir ~1~-~-- )~11 l.p,p,_~- .~:Qo~o '.`~E- & State: ~l Ec.- wl ~ NI ~ Rsx: 301 4 59 -' 4 ~8`{' a~5 ~ Gl~ Phone: ~?~) ~~ -o5d1'r E-Mail: ~~d G{,G o d W1G4iL , b App11C$ilt: ~' fL~s A~~~.tC~'. °e$s: and State: Fait: - Phone: E-Mail: ineer: 51~.S1~1.,jrJCS ° C_.01.7 u mss: f • U , >~ x ~~C~ ~ stare: 4~, w A ~ Fa~:,~~~ ~ c -tee 5~ ~Qj .~j(~ Phone:~~~ `~ ~ -?i ~'.7~`~. E-Mail: rGDUI 5 ~ ~ROJEG" l' NAME, ADDRESS/T.OCATlON AND CASE NUMBER: ~ _ _ ,'. -- ~~ - ~ 31 ~[ -- Upon receipt of this application by the City, it will be routed to the appropriate City departments. Thr Development Review Engineer and any other rel>avant City' staff will conduct. a site inspection within S working days from receipt of the application. Upon completion of site inspecnon(s}, a punch list and a final plat application packet will be provided to the applicant. G'1Web Content~communlty devalopmenltFinalPunchApp doc City of Yelm Community Development Department P.O. Box 479 Yelm, WA 98597 (360) 458-3835 (360) 458-3144 FAX Memorandum To: Denny Balascio From: Tami Merriman, Assistant Planner Date: November 12, 2003 Re: Willow Glen Division II Denny: The City has received your application for final punchlist for Willow Glen Division II. The Final Plat Approval application process cannot be started until the final punchlist is approved. I have attached a list of items that will be required for submittal for Final Plat Approval. Please be aware that all property taxes must be current (to the end of the year) before you can record. Please give me a call when you are ready to submit, and we can arrange to go over the items required. If you have any questions, please feel free to give me a call at (360) 458-8496. Tami Document22 Y~ I..I+rI WASHINGTON City of Yelm 105 Yelm Avenue West P.O. Box 479 Yelm, Washington 98597 (360) 458-3244 FINAL PLAT PROCESS 1. Submit four copies of the plat map to building official for addressing. 2. Submit Final Punch List Application to the Community Development Department. 3. Punchlist items addressed either by correction or entering into "Agreement for completion of Improvements and Repairs" with City of Yelm. Plat owner submits request to City for proposed items in agreement, along with estimated value. Final Plat Package (Items 1 - 3 above must be complete prior to application) * ~ Completed application form with appropriate documentation and fee. * Make an appointment to submit your application - (360) 458-3835 * 11 copies of final plat map and 1 11X17 copy. (see Yelm Municipal Code 16.12.220- 16.12.280). Maps must be folded, rolled maps will not be accepted. =-- Documents requiring recording must be formatted consistent with Thurston County requirements (attached.) City staff will check the required box for all documents that are applicable to the individual plat. Along with this list, staff will provide the applicant with approved sample documents. The applicant must submit the appropriate document(s) or the application will be considered incomplete. Required Documents ~ Cot Closures - 4 copies flat Certificate, date not to exceed 30 days prior to submittal ~pClarranty Agreement for all improvements Bills of Sale (water and sewer) -- ,~ Z-`~~`~- ~ , ~, f Q -Beferra} ~~~reet~-~--~-~, ~,--~-r~ at~ ~ ~,S{torm Water Maintenance Agreement ^ W~tef"-RTgt~ts-AA~r-eerrrent a .~ xLR ~~~ I I ~ ~ Homeowners Agreement fit,;-.~~ ~rCimmary of how all 6tty-~~e~ci(~conditions of approval and .~_•~ SEPA mitigation have been met. ,~ ®~ ~? LID Segregation Application ~~ ~,~ocumentation of Well/Septic/Drainfield Abandonment ~C School Mitigation Agreement ~ As-Builts [J Latecomers Payment ~ Open Space Fee ~ 1 ~4 ~ `t ~-'~ - `~ i , [] City fees ~~ i~ { , ~<< -4 ~, 1+, ~~'~ < r?~., -_~ , ~~1rT' ~r°~_ Any additionallitems required per Final Plat Application Checklist Documcntl7 Pa~c 1 oF2 Q.fl1 ~:::;.. «::;. ~~~ ~~~~~~~~ ....RAN.SNATIO.--_ ........... .... . r: November 17, 2003 Skillings-Connolly, Inc. 5016 Lacey Blvd SE Lacey, WA 98503 Re: -Order No.: T-3-10172781 Title Officer: Phyllis Kroger Buyer/Borrower(s): Yelm Property Development Subject Property: , , WA ,Thurston County 16444 Middle Road, Yelm, WA 98597, Thurston County 16440 Middle Road, Yelm, WA 98597, Thurston County Order Summary Thank you for placing this order with Transnation Title Insurance Company. If you need assistance on this file, please contact: For TITLE assistance, please contact: Phyllis Kroger, Title Officer pkroger@Landam.com Marcy Mobley, Titfe Assistant mmobley@Landam.com Phone: (360) 459-2331 Fax: (360) 493-2236 _ If you need ESCROW assistance, please call (360) 459-8800. Additional copies have been sent to: Yelm Property Development Transnation Title Insurance Company 3905 Mania CG'ay East, Suite A, Olympia, ~Y~'A 9850G Phone 3G0-459-8300 Fax 3G0--t~9-3193 Cover Page N/A.09.01.00 [SSUED BY THANSNATION TITLE INSUFZ<1NCE COMPANY ,` ~'rar~s~~~~~~ i // A L1NDA.'~.ZIG~ CCbQ'.~N'l GU.~R.~~tTEE SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILfTY AND THE CONDITIONS AND ST1P{JL ATIONS OF THIS GUP.RANTI=E, TRANSNATION TITLE INSURANCE COMPANY, a corporation, herein called the Company GUARANTEES the Assured named in Schedule A against actual monetary loss or daniace not exceeding the liability stated in Schedule A, which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. tN WITNESS WHEREOF, TRANSNATION TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed by its duly authorized officers, the Guarantee to become valid when countersigned by an authorized officer or agent of the Company: TRANSNATION TITLE INSURANCE COMPANY i`~~~E IHS~~,,+y ~~ .° ~F Attest: ~ ~, ~ ~,,,~ ~ By: t SFrC 1 i, 1111 '~ Secretary ~ i ~a41ZOr~~= President i^~ Tn n..___.__ ___ n__- in _.. w1 1C ^.G1 `~`~:::. TR.ANSNATION . .... a--~:.~~ .._. r.--......_ .. Yelm Property Development 16422 SE Middle Rd Yelm, WA 98597 RE: Order No.: T-3-10172781 Liability: Charge: Tax: Total: $ 300.00 $ 300.00 $ 25.20 $ 325.20 ,~~ SUBDIVISION GUARANTEE Subject to the Exclusions from Coverage, the limits of liability and other provisions of the Conditions and Stipulations hereto annexed and made a part of this Guarantee, and subject to the further exclusion and limitation that no guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. TRANSNATION TITLE INSURANCE COMPANY a corporation herein called the Company, GUARANTEES YELM PROPERTY DEVELOPMENT AND SKILLINGS-CONNOLLY, INC. the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount stated herein which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. Dated: November 12, 2003 By Authorized Signature Transnarion Tide Insurance Company 390E tiiartin Wav East, Suicc A, Olympia, WA 9850G Phone: 3G0-459-800 Fax 3G0-459-3193 Subdivision Guarantee Page 1 of 7 wa.iz.:i.co Order No.: 10172781 SCHEDULE A 1. Name of Assured: Yelm Property Development and Skillings-Connolly, Inc. 2. Date of Guarantee: November 12, 2003 3. The assurances referred to on the face page hereof are: a. That according to those public records which, under the recording laws, impart constructive notice of matters affecting title to the following described land: See Exhibit A attached hereto. b. Title to the estate or interest in the land is vested in: Yelm Property Development, LLC, a Washington Limited Liability Company c. The estate or interest in the land which is covered by this Guarantee is: A fee simple estate Subject to the Exceptions shown below, which are not necessarily shown in order of their priority. EXCEPTIONS: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies or assessments on land or by the public records. 2. (a) Unpatented mining claims; (b) reservations or exceptions in Patents or in Acts authorizing the issuance thereof; (c) Indian treaty or aboriginal rights, including, but not limited to, easements or equitable servitudes; or, (d) water rights, claims or title to water, whether or not the matters excepted under (a), (b), (c) or (d) are shown by the public records. 3. General taxes, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent on May 1; 2nd half delinquent on November 1) _ Tax Account No.: 84070200000 Year Amount Billed Amount Paid Amount Due 2003 $1,366.67 $0.00 $1,366.67 FOR PAY-OFF INFORMATION, PLEASE CONTACT THE THURSTON COUNTY ASSESSOR-TREASURER'S OFFICE AT (360) 786-5550. The current levy code is TCA 170. (AFFECTS A PORTION OF PARCEL A) Subdivision Guarantee Page 2 of 7 Order Na.: 10172781 4. General taxes, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent on May 1; Znd half delinquent on November 1) Tax Account No.: 64303500300 Year Amount Billed Amount Paid Amount Due 2003 $ 329.56 $329.56 50.00 FOR PAY-OFF INFORMATION, PLEASE CONTACT THE THURSTON COUNTY ASSESSOR-TREASURER'S OFFICE AT (360) 786-5550. The current levy code is TCA 182. (AFFECTS THE REMAINDER OF PARCEL A) 5. General taxes, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent on May 1; 2nd half delinquent on November 1) Tax Account No.: 84070200000 Year Amount Billed Amount Paid AmountODOuO 2003 $ 0.00 $0.00 5 FOR PAY-OFF INFORMATION, PLEASE CONTACT THE THURSTON COUNTY ASSESSOR-TREASURER'S OFFICE AT (360) 786-5550. The current levy code is TCA 170. (AFFECTS PARCEL B) 6. LIABILITY FOR GENERAL TAXES, IF ANY, WHICH ARE NOT PRESENTLY ASSESSED, BUT MAY APPEAR ON FUTURE TAX ROLLS. _ 7. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NO.: Subdivision Guarantee PUGET SOUND POWER AND LIGHT COMPANY ELECTRIC TRANSMISSION AND/OR DISTRIBUTION LINES A PORTION OF PARCEL A JANUARY 13, 1966 732008 Page 3 of 7 Order No.: 10172781 8. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: 9. ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY THE BOUNDARY LINE ADJUSTMENT RECORDED UNDER RECORDING N0. 8510250041. RIGHTS OR BENEFITS, IF ANY, WHICH MAY BE DISCLOSED BY THE RECORDED DOCUMENT(S) ABOVE AFFECTING LAND OUTSIDE THE BOUNDARY DESCRIBED IN SCHEDULE A. (AFFECTS PARCEL A) ' GRANTEE: PUGET SOUND POWER AND LIGHT COMPANY PURPOSE: ELECTRIC TRANSMISSION AND/OR DISTRIBUTION LINES AREA AFFECTED: A PORTION OF PARCEL A RECORDED: OCTOBER 25, 1967 RECORDING NO.: 770388 10. ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY THE BOUNDARY LINE ADJUSTMENT RECORDED UNDER RECORDING NO'S. 3314744 AND 3314745. RIGHTS OR BENEFITS, IF ANY, WHICH MAY BE DISCLOSED BY THE RECORDED DOCUMENT(S) ABOVE AFFECTING LAND OUTSIDE THE BOUNDARY DESCRIBED IN SCHEDULE A. (AFFECTS PARCELS A AND B) 11. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: RECORDING NO.: REGARDING: SEPTEMBER 21, 2000 3314747, 3314748, 3314749 LID/ULID/LATECOMER AGREEMENT. 12. (AFFECTS PARCELS A AND B) AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: RECORDING NO.: REGARDING: (AFFECTS PARCEL B) JANUARY 18, 2001 3331850 L.I.D. Page 4 of 7 Subdivision Guarantee Order No.: 10172781 13. MITIGATION AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: JULY Z, 2001 RECORDING NO.: 3362785 REGARDING: Payment by developer to YELM COMMUNITY SCHOOLS DISTRICT N0. 2 in order to mitigate the impact on the school district of additional students which will be generated by the subdivision described herein. Thurston County will not issue a building permit for any lot without proof of payment of the sums required under said agreement. (AFFECTS PARCEL B) 14. Covenants, conditions and restrictions imposed by instrument recorded on JULY 27, 2001, under Recording No. 3368415 AND AS AMENDED BY INSTRUMENT RECORDED UNDER RECORDING N0. 3411315, including, but not limited to, liability for assessments levied by the community association, and rights or benefits which may be disclosed affecting land outside the boundary described in Schedule A. (AFFECTS PARCEL B) 15. Provisions contained in the Articles of Incorporation and Bylaws of WILLOW GLENN HOMEOWNERS ASSOCIATION. (AFFECTS PARCEL B) 16. ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY THE RECORDED PLAT OF WILLOW GLENN. RIGHTS OR BENEFITS, IF ANY, WHICH MAY BE DISCLOSED BY THE RECORDED DOCUMENT(S) ABOVE AFFECTING LAND OUTSIDE THE BOUNDARY DESCRIBED IN SCHEDULE A. (AFFECTS PARCEL B) 17. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: JULY 27, X001 RECORDING NO.: 3368418 REGARDING: WARRANTY AGREEMENT (AFFECTS PARCEL B) Page 5 of 7 Subdivision Guarantee Order Na.: 10172781 18 19. 20 21 cb AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: OCTOBER 15, 2001 RECORDING NO.: 3385153, 3385154 AND 3385155 REGARDING: WAIVER OF PROTEST AND SPECIAL POWER OF ATTORNEY (LID/ULID/LATECOMER) SAID INSTRUMENT IS A RE-RECORD OF INSTRUMENT RECORDED UNDER RECORDING N0. 3368419, 3368420 AND 3368422 (AFFECT PARCEL B) AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: RECORDING NO.: REGARDING: (AFFECTS PARCEL B) JULY 27, 2001 3368423 STORMWATER OPERATION AND MAINTENANCE PLAN DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: TRUSTEE: BENEFICIARY: ORIGINAL AMOUNT: DATED: RECORDED: RECORDING NO.: YELM PROPERTY DEVELOPMENT, LLC, A WASHINGTON LIMITED LIABILITY COMPANY TIMBERLAND SERVICE CORPORATION TIMBERLAND BANK $947,900.00 MARCH 25, 2003 MARCH 26, 2003 3515087 NOTICE OF FURNISHING PROFESSIONAL SERVICES AND THE TERMS AND CONDITIONS THEREOF: RECORDED: RECORDING NO.: APRIL 24, 2003 3524611 Page 6 of 7 Subdivision Guarantee Order No.: 10172781 EXHIBIT A LEGAL DESCRIPTION: PARCEL A: LOT B OF BOUNDARY LINE ADJUSTMENT N0. BLA-008260 YL, AS RECORDED SEPTEMBER 21, 2000 UNDER RECORDING NO.'S 3314744 AND 3314745, RECORDS OF THURSTON COUNTY AUDITOR; PARCEL B: TRACTS D, E AND F OF WILLOW GLENN, AS PER PLAT RECORDED JULY Z7, 2001 UNDER RECORDING NO: 3368416, RECORDS OF THURSTON COUNTY AUDITOR; SITUATE IN THE CITY OF YELM, COUNTY OF THURSTON, STATE OF WASHINGTON. Transnation ~ D~' ~ THIS SKETCH IS PROVIDED, WITHOUT CHARGE, FGR YOUR INFORMATION. IT 15 NOT INTENDED TO SHOW ALL MATTERS RELATED TO THE PROPERTY INCLUDING, BUT NOT LIMITED T0, AREA, DIMENSIONS, EASEMENTS, ENCROACHMENTS OR LOCATIONS OF BOUNDARIES. IT 15 NOT A PART OF, NOR DOES IT MGDIFY, THE COMMITMENT OR POLICY TO WHICH IT IS ATTACHED. THE COMPANY ASSUMES NO LIABILITY FOf2 ANY MATTER RELATED TO THIS SKETCH. REFERENCE SHOULD BE MADE TO AN ACCURATE SURVEY FOR FURTHER INFORMATION. ORDER NO . /vr`7a7~( AUDITOR'S FILE NUMBER p(a'4~ ~ 33 (a ~ y/(o ~ o~ a.. wi«ow ~«~n A PORTION OF THE NE1/4 OF THE SE1/4 OF SECTION 19, TOWNSHIP 17 NORTH RANGE 2 EAST, WM BEING A PORTION BLOCK 35 OF McKENNA IRRIGATED TRACTS VOL 9, PG. 43 . _ _ . _ _ _ _ _ ~ _ _ _ _ . _ _ _ ~ _N 6974'46_ W 1700.65 _ _ _ _ - _ _ _ _ _ _ _ ~ ~ _ _ _ J FOUND /5 REBAR - - _ - ~, - - _o - - ~ 269.75 ~ 8 CAP L5. / 16210 ~ p ••l ~; ••;i ~ .. .... .. N ~ `=,' :I ~. ~ - _ ~ THURSTON COUNTY FOUno /4 REBAR R CAP SET YAO NAIL ~p m ~ r , , ,,,.,. •~ ANO WASHER ~v nl ~ ~v • •, ,• ~ LS 271}4, 0.2 5. 5 89'34'+6_EL 371.75(uEAS) _ / S a97i a6' =_ 252.79 N FENCE P057 '"' ~rENCE C ER _ ._ ~~;•,:t_ •~• ` • 19E.23TuEA~ ~__(I7~\.e 17}.STEAS~ 68.G0 50.00 52.00 54.00 SB.79 W 0.6' i .2' W. ~ • • • ' CITY OF YELM ~'q 'OUNO y4 REBAR k CAP / o s'REBA h CAP • SCALE IN FEEL' ~n LS/271J4, 0.2 5. 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JQ \ ~ ~,q pf' ~' s J,T. o t^ 1y ~ \~1 {ate/ \'POJ~ qn `yf, C,~o f ,)1 ~ 18740 k / ~O ~ C~ j C T ~ 55.26 _ ' ~ J_ 71.45_ C I ¢ \ ~1}v C.9~j 'b~ hO~ o JJ, / j8.65~ ~ a OJ 16x13 , N 0 ~ o / 7'ifJr ~~ ~ Af~\ 2 °~~J- //1 '~ 13 14 I~ N ° J` oi+ '~' ,LO\ JYf~ ~ ry 16338 k /hO / ~`~ _-_ ~• ~ ej 0.89'. 6~~~~' ,a 16409 0~ m S89'73'S9'E I °o ?'n / ti ~ ^ ~ / / \•\ 7J I /~ 12 a.t z TRACT H 90.00 ' ~ Io ~ ~ m ~B\ bC• 1 .PO JjJ. / ~ ~` p~{/~ '~~ 4, 16407 'i au. - ~QD ICJ Io Wg n n ~m \\ I6}]6 97 4• '~ / ~ ~~ / N ~ \ \ ~ y e'JJ` c^ u' <. d•\ 1~~ .L> h0/ AZ W 9905 Ir~i a L.1 °' • ,/_ ~ ~ '°o\ 1 0 /~ ~/ / II .S~J, 57~M c~ I snl9: _ ..N .'1 ~ • 7 a+ W '- • ~~ '~ e Y' ~ ~ ~ 891 59 E 90.00, N 16405 0 T> /~q" 4, / s r Al 6 ~ 40 A > n J \ `~ / 1 / •e Jj S7 66 6 g. 2 n ~ • 1200 12001-: W I o ~ ;~ \\\f5 CJ ~~~ O`, r// ~o ODB jJ. ' 17 n ~cea 89C}59 E90.001 3 ~ g Ki • ,Q \ ~~ / H 1 D 9 k' 810.28 ~J 1x422 ~ e z rv 16 o io °o Z m z 4~j ~ .~9~/ ?a 16403 ~ '~ 1 8 ,pJ.ft ~ m n o 1 ~+ '~ '~ N 1 •. , . -'~ , . ', l ~ '.:: - : ",\(~ / ,pO J j ,~ J ~ u 0 16a2a 70.50 25.50 S _ Q J J `' - . \~ C ~ ~ ~ Oj J, * 6 76420 • I o e ~ N n ] i .98 69.10 w J 9° 4 +L ~ ? . , 947 ~ /4, ti 9? y'~ ~ 3>JJ j ~~~ .b9 ~ I m ~ ~\MMO , 9 la J/ J• /0\ ~/E110E iE.o \•'r ~ ~ ' ' ~ t ~ y _ . \ • C\', N 89N ~3 S9 W H ' ' /9' ( _ , .v N~S~OM -. ', 6+18 ~ (G ~ • ~t r a< 7 / ~ L ~ 9 8 Q J „ „ T t .10 S \fJ 60 a~ J~ / ~ J J ~~ O2 ~ 1 ^' r \ ~~• 1 , ~ '• 'O h SJ 8 . _ 61_60 ~ ~ is l \ S J.~ ~ ~Dj 1 ~ ZO ~' ~P .... _ .i . . ..i l~ ~! f ~ \ aj ~q%•' ~ TRpCf D ~ 16416 / Jo 1 ~,~`~ ~ ;• / ; \, _ .. 30.50 23.501 'y ' ',J ~', 6" W FOUND H REBAR .x.C :~.. .. .. .. , \\ AB ~\• .9~ ~~1 / '' / 90. DO Its .00- : ?/ S ~ c , \' .. .6S FU RJRE THROUGH ~ OM1/ ZZ ~' C~ ~ P • \ • NO. i 62>a ,. .., , .. C] 7 ^ \ I ~ \ ry/' / 16419 o F[N E. OF STREET .. .~! ~~4' R BA ~ CAP j, . ' \ ~ 1 In I „ ... . / tie SET - ^ y ~ `-' C / C I 1- _ i I• _ / ~ ~ ~f~~~~f ~ ,z~ ~p ~1J' ~ u - LaaYLl.v Ct1RVE TABLE: ~ \ laal7 ~ VVYBER I DELTA ANGLE 4ADIU5 I ARC IENGiN I ^ ` O FDUNO A5 NOTED \ \\ ~ 3 ' o C) FOI/NO BRA55 DISK CN SURFACE ~ ~ ~ , rC' 1 a7Zl'2i 35230 1 291.33 ~ ~ • ~ 1 a Iu 77 I ap ' ' h ' 1 Ia I 119.50 I 9x. . aTZt 0 ~ p = TRACT C B 5ET BRASS O15K ON SURFACE, C IM1 CJ 9090'CO" I T.CO I ]2.99 I \~ \ b ~ ~ (CPEV SPADE k STAUPED L57 27192 I~ CI 90VG CA~ I ZO.GO I 3LQ \ \y y _ o STCAN CRAnIACE) \ _ SCT AS NOTED \ C5 i 9070'00' ( 12.50 i 13 63 \ ~ \ ' \ y I o \ ^ SCAIBE IN WALK \ 6. i= ToFON I TRACT STREET ADDRESSES: ;:, . _ . ~; ,_' .' '., • \ J_ ~.. + rENC£ z.7' E. cF /~ TD' unuTY \x'J, s• ~ REBAR dt CM 5ET ~\/ fRAC1 A116337 CASCADIAN AY( .^,~, \Y, .O J EASEMENT T7PtCAl tEEK • • • ~ T _ A00HESS PROVCJEO 6T Ott U YELP TRACT 8116417 CASUCIAN AVE ti • ~ FGUNO 1/2' KTON 1'J45 ~ { YELIA, WA. 98597 i zr ACT C11647T wCgLE ROAD SE ~ ~ \ °t vE 4.0' ~~INE \ {~'Hf :0~ R /*' R I Ck , G 16x2! CD88LE ALE SE :AACT DI !Q* v "'., f^ ~ _~ \ °'~*~, Fnt nPMENT k PPQGE~URES 9909 Y•fL:N 5T 5L b o', E .-, ~ r • ~ . ' ~ ~ ~ ~ ~ ~ ~ ~ L:JCA iCA 1103 TOTAL 'TAnON ANO A 100 ~~AC, E) 15111 USCADIAN AK SC ~ .. •.. ~' \ • CALIBAATF_0 STEEL TAnE~uStNG %tE!D ~/ ~ (,/ ~~~ i \~ ~ 9839 wELCn ST ~ ~, p iRAV[RSE :URt/EY NFTHCOS. ; ^ a _ ~ • ...x ' \ \\ `' \ ('NC RF5UL T5 CF iHf. FIFLD SURVEY x ~ ~~~ ?' `.~,' ~ ~ . MOTE: ~ ~~1L1~0 ~ ~ ,.. _J_YClf.^~_i4C ifLL119G2GL.,~~ane_u __ _ +~ i~ ' Transn~~ion THIS SKETCH IS PROVIDED, WITHOUT CHARGE, FOR YOUR INFORMATION. IT IS NOT INTENDED TO SHOW ALL MATTERS RELATED TO THE PROPERTY INCLUDING, BUT NOT LIMITED T0, AREA, DIMENSIONS, EASEMENTS, ENCROACHMENTS OR LOCATIONS OF COMPDNYIASS ME5 00 UABRITY FOR ANDY0MATTER0RELATEDET00 HMST KETCORREFERENCOE SHOULDIBE MADE TO ANHc ACCURATE SURVEY FOR FURTHER INFORMATION. ORDER NO . ~ ~' ~ ~ 2~ ~'f -------------'-- - -----------' ----- r,J~7 ~~ r. '~, DESCR1PT10NS ORIdNAL ORfpNAL' PARC'7 B: PARffl A: PARCEL A CF BOUNDARY UNE AOJLLSTMENT N0. BlA-0709, l0T J OF PTY OF 7EW SNORT SUBOINSION NO. SNS-97-8787-tt AS RECORDED OCTOBER Z3. 1983 UNDER AVOITCR'S FILE NO. 83: RECORDED SEPTEMBER 76. 7997 UNDER AUd72?R'S FILE N0. J109sa8 R£COROS ~ THURSTQV COUNTY, WASHINGTON. ~ - RECORDS OF iTIURSTON CCUNTY, WASHING70f1. NEw. ~ NEW PARCEL A PARCEL B: LOT J OF dTY OF TECH SNORT SU801N9oN NO SHS-97-Biel-YL AS PARCEL A OF BOUNDARY UNE A0.A1S7MFNT N0. Bu-0709, RECCROEO SEPTEMBER I6, 7997 UNDER AUDITOR'S FlL.E NO. 7109418 RECORDED OCTOBER 23. 1983 UNDER AUdTDR'S FlIF N0. 85 A150. DIRT PORTION ty PARfEC A OF BOt1N0ARY UNE AO.AISTMENT EXCEPT THAT PORTICN DESCRIBED AS FQLLOw4 ~. NO. BLA-0.709, AS RECORDED OCTOBER 23. 1983 UNDER AUDITCR'S B f~NNIO G4 THE itEST UNE OF SA1O PARCEL A AT A PdN~ iiLE N0. 83/0730017 DESCRIBED AS FOLLONS: BEARS SOUTH OD'x'Ot' HEST JS2.01 FEET FROM THE NORTh BEpNNINO ON THE MESi UNE OF SAID PARCEL A Ai A PdNT NNIG4 CORNER ~ ~~ pAFCEL A; THENCE SCU iH 897739' EAST' BEARS SIX17H 00'x'OI' NEST 752.07 FEET FROM THE NOR7HNE57 fEEi~ THENCE SIX17H 00'16'01' WEST 734.00 FEET: T?IENLT I CORNER pr SAID pARtfy ,~ THENCE SOUTH 897Y39' EAST 136.00 NORiTT 897Y39" WEST 136.00 ~T TO SAID WEST UNE: THE fEE7: THENCE SOUTH 00'x'01' WEST 354.00 f1:FT; THENCE ALONG SAID NEST UNE NORTH 00'x•01" EAST 734.00 FEETI NORTH 897739' NEST 136.00 FEET TO SAID NEST UNE THENCE pdNi OF BEGNNING i ~~ - . - AlONC SNO WEST UNE NdT1H 00'46'01' EAST J34.00 FEET TO THE RECORDS Ci THURSTON COUNTY, WASNINOTON~ \ V` VICINI'T'Y MAP PdNT Q~ BEdNNING MOT jp yXl RECCROS OF THURSTON CCUN TY, WA 911NGTON. N 89']4'x' W m S 8977'22' E ^v^\ - ' 289.73 fi I07.62 ' ~\ JJ a ~ o n ~ tJ' '. :~~ ~ N 89.31'x' w .~'~ I i~ f 1 4 ^' - - - - T - - - 282.79 . . ~F ~ _ ~\ :_ o- J O- •~ : ~ .y :_ ~ N 897 Y39' w I ~ W -~?v •~ ~ 0.'7 . ' ~~'L'}'' I NEW LINE W i }_' 4 O C v W N _C ~,j- ~A~Q'i , \ ~ PARCEL A I Q~4/~~0 \\` 4.73 ACRES ?~; ~ W `G ~ .O', I o;o ; ~ PARCEL BN ~~ ~, ~ ~J~`~ ~' ~ ~' 16/22 SE NIOOLE RO 8,68 I,gCRES ', ~~ Y ~ •tia T£I.AI. WA. 98397 °' o ~ o j .. \ I z 16410 SE µ1100t£ R0. _ ~ , \ YELM. WA. 98597 ,. .~1 7 . ~ I O V SCN-. NEW LINE C.~ . ~' ~' ~~ .~ ~. N 8971'59' w r~]-~ ~' 0 50 ~ QQ ~ ~ 136.00 'U ~ ~ 1 ~~ ~~ • Vie. uCBn_E 3 ~ \P~1 HONE ~O~ `\(' ~ ~ ''U= ~., S 929'`6' E ~ - , APPROx. Liuncws' o ',i PARCEL A ORIGfNAL 3.d6 ACRES °'~'~ I NEW 4.73 ACA.ES HOPE - NCBILF I N I •ti ~N MOUE ~'~_ PAP.CEL B CRIGIr'!AL 9.45 ACRES -, ~' ~ ~~ ~ L ! ~ NEW 8.fi8 ACP.ES \\ ,~ I. srEO "+' i .~^' a~ .\ _+'~I. eas~rr a artoc~a ~'~\ _ _ _ EOI:IVUFJI': O7" TO1Al STAi1CN ANO \~ ~ - 1C0' GUBRA ~O S ~_'_ 1>•YE ~-_ ~{}~}~}6.-L~.31_~L-G~ vvOCEOURE: ~EID TRAVLRSE ______----___- - SCHEDULE OF EYCLUSIONS FROM COVERAGE OF THIS GUARANTEE 1. Except to the extent that specific assurances are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the folloH~ng: (a) Defects, liens, encumbrances, adverse claims or other [natters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (I) or (2) are shown by the records of the taxing authority or by the public records. (cj (1) Unpatented rrtining claims: (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. 2. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for toss or damage by reason of the following: (a) Defects, liens, encumbrances. adverse claims or other matter affecting the title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A), (C) or in Pan 2 of this Guarantee, or title [o streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any structure or improvements; or any rights or easements therein, unless such propem, rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one ar more of the Assttreds: (2) which result in no loss to the Assured; or (3) which do not result in the im•abdity or potential invalidity of anyjudicia] or non-judicial proceeding which is within [he scope and purpose of the assurances provided. (c) The identity of any party shown or referred to in Schedule A. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee. GU ARANTEE CONDITIONS AND STIPULATIONS I. Definition of Terms. The following terms when used in the Guarantee mean: (a) the "Assured": the party or ponies named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land": [he land desmbed or referred to in Schedule (A)(C) or in Part ?, and improvements affixed thereto which by law constitute real propery. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule (A)(C) or in Part 2, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "morgage'": mortgage, deed of trust, trust deed, or other security instrument. (d) "public records": records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective date. 2. Notice of Claim to be Given by Assured Claimant. An Asstud shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the tide to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right. at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its options u stated in Paragmph d(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the .fissured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c)1Vhenevet the Company shall have broueht an action or interposed a defense as permitted by the provisions of this Guarantee. the Company may pursue any litigation to final determination by a coup of competent jurisdiction and expressly resen•es the right, in its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option. the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense. shall give the Company all reasonable aid in any action or procceding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company tray be necessary or desirable to establish the title to the estate or interest as stated herein, or [o establish the liea rights of the Assured. If the Company is prejudiced by the failure of the ,assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall tertttinate. 5. Proof of Loss or Damage. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and stvom to by the Assured shall be famished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or darifaee shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or datnaee. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage. the Company's obligation to such assured under the Guarantee shall terminate. In addition- the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable tunes and places as may be designated by any authorized repre<entative of the Company, all records. books, ledgers, checks, correspondence and memoranda, whether bearing a dale before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the .fissured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledger, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to [he loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonablejudgrnent of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary infotmadon from third parties as required in [he above paragraph, unless prohibited by law or governmental regulation. shall terminate any liability of the Company under this Guarantee to the .fissured for that claim. 6. Options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, [he Company shall have the following additional options: ' (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option ro pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholdet, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon. together with any casts, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's oblieation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph. shall terminate, including any obligation to continue dre defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim assured against under this Guarantee, together with any costs, attorneys' fees and experses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which•the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph. shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4. 7. Determination and Extent of Liability. This Guarantee is a conaact of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee. The liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in Schedule A or in Pan 2; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage assured against by this Guarantee occurs, together with interest thereon: or (c) the difference betwe~rt the value of the estate or interest covered hereby as stated herein and the value cf the estate or interest subject to any defect. lien or encumbrance assured against by this Guarantee. 8. Limitation of Liability. (aj If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter assured against by this Guarantee in a reasonably diligent manner by any method. including litigation and the completion of any appeals therefrom it shall have fully performed its obligations with respect to that matter and shall no[ be liable for any loss or damage caused thereby. CONDITIONS AND STIPULATIONS CONTINUED ON HACK COVF,R CLTA Guarantee Conditions and Stipulations Form 2015-7 (Rev. 12!15/95) ORIGINAL 11/18/03 TUE 09:18 FA% 1 360 786 5223 THURSTON CO AUDITOR ~ / ;~ ~' ' : ~1' r `~ C- ~1ryt-f ore id)' i ~ .1e~L =I~''' °0~"~` 77038E 1U. w~.rM~.d. ^owsd N. Lee •ad 1•ctr ~. LN. taubead •Md vLte, ~red• le Ir10l1 fOY1'q pyYlR i IKrMI CpMPA1W, NN .yM M MMdI ~.YS•M, -gMoe. geiwe eed w en ei•Yrk Ww. ~MM ~ Ida eet~r•, wNe• rw1 wd N ~ d~l• IMe hee d MNANMp h•w k•e• a NMr erawM • Mie klicrr~ nreM NhNtN a dw Cewey d~~~ . SrcN d wwlwMlaR A• a•ttMwitesir 7S te•c of ch• •orchwet•rlr 7 teec of Let 6 in •1e41t 3S of Me[ena• Its!=•ted 'tecetc e• reeosded is Yolr• 9 of yl•c•. /did •~. seeosde et Thus•coa Cow+cr. Ye•htaLcoo. ~,~ IM anler IM d wl/ el•rhk Ilse N be kwr•d es ea-. rdwd waa nd papmq • cad coo• 1 d,4 tee of ~ ~~y oae eachos cad aeeeeeesy buy enty. r • ' ~q~ ~ :.. ~ ~ ~ ~GeJt~,r~s1y~`~.,~"z, ~,,_- ski H . _. A P ~~ ~ i ibe ~/Mr ~Yeif Mw ewu hr 1M prrywes skM•/ end J~dl M .e~omlMe 1p cawed Yr n•glipnL d *• ~ ~ Cewpnr. 11.•r brie. d.eM!• Wwden Wa' d.• wa•uer• ewd oapw• d dN praw. R Y N p O ~ r [002 ~~ ~~ 0 z ~ ~. ~~ 1s V V 0 w m StAIE of wASIpNG~ON CGIMr1r OP 101~OM r Og1~IjMCr~l~no•spy a0veahd Ydo-e ~n• ibves0 M. Lee ee6 Mtcr ~. Lce b ~ tillara M pie Ydlvt/net • dew~YN M oed vAW eaKU1M dl• •AIAIe e•d kreplq MMrWauM, eel eckwMdpd M.el „~~d ~f~e ~ciee w tb•ie Me oid vdw~lerr ed esd Med ler /M wr eed Me~~ d~enr .•ew.d. ~'Lll,~~wr~- ~ Feid end dAdol s•el •dr jLd•r d .JQ.7~e~~'~ . 1~~7 N~ r hAlk M eed hr ~~ r,Ar MY~ M ~ ~ ~! 51AfE OF WAiMNGTCN j . i}M COUNrr 0I Ow NM• d•/ et . H . b/we eal pxoae•r eMeer•d ewd w w• Iweww ~ M M 1~w1/•~• Lcwhr- re~•eweM. d • dr ~gcrdMe dicl e••aM•d i.• Y•Meiawd, ee/ eda•aMdpd M M M M lree ewd relw•rt ed eed decd M •M/ arpr••ee. Mr Ne w« erd NK~•r ~~ w e/Y rNi1d dol eadmuad r e•cew dw eNd Mwrw•d ocd MrM M ~ elrc/ N•1 d rcN w-~cMa. 1 ew hccd eel iwl ud Acrw elMnd Aw- dw eed re+ QM dee wIM. .Iw-~•q t~Mn-fchMt U ed Iw Mr f1MC dM-e~MIMc~ ral/MM V ~p (~'~ N,~,~I ~~, u~r~o R'~ ,____- 11/18/03 TUE 09:19 FA% 1 360 786 5223 THURSTON CO AUDITOR 78508 ow. ~ar~.1Z. n ~... r.eri i1. ~tT SpNO /OIrE~ l l1gfT COY-uftl, ~h..~r» N Inuell. eielMeln. /Nee. -i.~«..n/ ~» ~ .+«+n. fl„~ ~~i~l ~~ ~, .~.II«i, .IfN.^r fl^wei, e^~ N wN ~A1s 1+^e flee ~ lnwhnn» 6~. re.c o.anr ra.M1 w 1M Nibrint Awrh aw.ri In 11.. C«rih .1 i~actaa , S~ai c! wgldgqn: ~. aa.er !! taae ee ea. wet !o lace et chat *ast o! Lat +~ fly ~!, McEe..a i ~pt.! 'ts.~ta ifw tiaa~t ot~ !~I- 11 weN. W ~ f~a ifMt 1S>•a et call f.attea t0. irwatt aal tea. _------- ~ ~ ~ ~ ~- ~, ral ilPita aalta Ta= tw^+ec7 -r- Y ` ' ~ Y1ii73'968 V lraalEt ~0 __~_ ~~~a ~~ J. 1t~w atar Copy lrps. , . TM aMllb Ila d YI/.I»1ek H^i h V Ie~we1 p nwr Ne`e~ een.ee sei~ ~wq u ri ~s..i^ei~e et wa a1a~ aai Mswssf ~a ea1r. TMCw~Ir dril Acnc coca fw ~ !w7»c~ ~~ W ihcll b ngenslWc fer Mnicr awd r1- ~i~W ~ 111a C~11~. TMiwe litl» ihel{ V YIMiM ~pn 11M .cse»we.~ ~ ~ ~ +»e!!!~+ ~• fTATE 0' NAS11iNGTON p Qc 1hb ip M~»"'111- Nf~~ ~~ '"~ ~~ Y tae ,ad ~cstr ] Lca -- fs cic [~wM1 ti 1e' 1he in~Id~Ml~le».IW in sn~ ~c wswellM •11hin cnl hnlNM in~ewnr, a~1 cd~»~le~ Mw1 ~;~idii,!we »tiafslwe cn~ vclrnlory ea cn ~4~1 iw ~I»?Twp and /wpM~ 11rein wMNlw~i. ~ .. ..., Z of _.~dh v~ . 19~. • ~ ~lYd'~.wtlit~rjr ~ M/ afHi~i1 eesl 1AIi 1~/iy `s: ~ A= ~ ~ h' ~ ~~ w Oli•1= .~Zr ~± . ~. , ` ^ STATE ~'M1t~~INGTOM CCIINT1f Of » a+Al.....6p cl ° n -~-l--r » ~~ Mawe.., 1M . M+~lti.L..r ~ , le ^e iwwn fe fn IAe w'-Ntiwl e~ _.~--- . /eNe01ve11'. of .-.--- IIN ~M AM wires 1Me IwNIM ~'kr eM eelwe.le/~d ttr wi wants to M 1M frr in/ •ele~lly e!~ MII d»r of »~f cam. (w Ir ~w» eaIlwMMi ~~* inen-1 » ic1A Ms+.i IM .~.~-~~Inl 1s aaacuw fM »i~ Maawr~c ni rIM 1r ad clibel b IAe I s1.ei1 ca~M. rlMia~ ^1 IeN/ . 1 wl Menge efHeel the ~ wd yeM !M cMw ^rIM1^. c /i,~T~haWT n»I~1r ai - - q1~» '•M . 'wt ~7 n~`~t#4 C~j 003 ~5~~~ ,V N AFi ER RECORDING MAIL TO: Real Estate Excise to++x~~aid )„yZ~~ Receipt no 7L `r~D. to ~~ 1 -.~1~ Name TIMBERLAND ESCROW Robin L. Hunt. Thurston Co., Treas. Address 624 SIMPSON AVENUE By ~~-'l ~.t-~)~i Deputy City, State, Zip , HOQUTAM, WA 98550 (FULFILLMENT) Statutory Warranty Deed THE GRA,~ITOR KATHRYN A. DOTSON for and in consideration of Fultlllment of Real Estate Contract in hand paid, conveys and warrants to YEL11~I PROPERTY DEVELOPMENT LLC, WHO ACQUIItED INTEREST IN PROPERTY AS YELM DEVELOPMENT LLC the following descnbed real estate, situated is the County of THURSTON, State of Washington: LOT A OF BLA-0309, RECORDED OCTOBER 25, 1985 UNDER AUDITOR'S FILE NO. 8510250041, RECORDS OF THURSTON COUNTY, STATE OF WASHINGTON. 1 Asscsso~s Property Taz Pazcel Account Number(s): 64303500400, 64303500300 This deed is given is fulfillment of that certain teal estate contract between the parties hereto, dated MARCH 15, 2000, and conditioned for the conveyance of the above described property, and the covenants of warranty herein contained shall not apply to any title, interest or rnctunbrance arising by, through ar under the purchaser in said contract, and shall not apply to any taxes, assessments or other chazges levied, assessed or becoating due subsequent to the date of said contract. Real Estate Sales Taz was paid on this sale or stamped exetrtpt on MARCH 17, 200, Rec. No. 277446 Dated this 12th day of March, 2001. i ,~-~-~ , ~?~ A. DOTSO STATE OF WASHINGTON COUNTY OF THURSTON ~ ~ ]certify that [know or have satisfactory evidence that KATHRYN A. DOTSON IS the persona who appeared before me, and said person acknowledged that SHE signed this instrument and acknowledged it to be HER free and voluntary act for the uses and purpose mentioned in this instrument. Dated: ERIK J. }IEIMANN ~ Notary Publi in and for the State of Washington ~ (VOTARY PUBLIC ~ Residing at [7%y,„PK., p, yi STATE OF WASHIN6TOIV ~ My appointment expues: ob~i~s/uv t 6hr Cammiada Eapln~ 1un~ 5, 2001 ~. rau vwa+co~.soomwx a«. idaoAS LPB-11 IIl~yylllyll~~lll~~ll I~yl ~e 1 e ~, uR~ `` INIIIIII~Ml11111111111111 Th~.st~ II~~ -- - -_..,.,,.,,, n s9.A0 DEED OF TRUST Loan No: 967-101418 (Continued) Page 2 CONVEYANCE AND GRANT. For valuable consideration, Grantor conveys l0 Trustee In Vusl with power of sale, right of entry and possession and for the benefit of Lender as Bensfleiery, aN of Grantor's right, Utle, and Interest in and to the fdlowing described real property, together wish ao existing or subsequentty erected or etfaed braidings, improvements and factures; all easements, rtghh of way, and appurtenances; ad water, water rights end ditch rights pncluding stock in utilities with ditch or Irrigation rights); and a! other rights, royalties, and~rofits relating to the real property,, including without Ilmitatlon aN minerals, 011, gas, geothermal and similar metiers, (the Real Property") located In Thurston County, State of Washington: PARCEL A: LOT 8 OF BOUNDARY LINE ADJUSTMENT N0. BLA-008260 YL, AS RECORDED SEPTEMBER 21, 2000 UNDER AUDITOR'S FlLE NO'S. 3314744 AND 3314745; PARCEL 8: TRACTS D, E AND F OF WILLOW GLENN, AS RECORDED JULY 27, 2001 UNDER AUDITOR'S FlLE N0. 3368416; SfTiJATE IN THE CfTY OF YELM, COUNTY OF THURS70N, STATE OF WASHINGTON. The Real Property or Its address is commortty known as 16440 Southeast Middle Road, Yelm, WA 98597. The Real Property tax identltlcation number Js 64303500400, 64303500300, 84070200000 Grantor Itareby assigns as security 1a Lender, aN d Granters right, title, and intxast In and to all leases, Rents, and profits of the Property. This esspnment is rseaded In accordanp with RCW 65.08.07D; the Ilan created by this assignnrnt h Intended Ic he speafb, perfected and Choate upon Itte recortling d this Dead of Trust. Lender grants to Grantor a Ifcense to coUecl the Rents and profits, which license may be revoked at Landers option and shall be automaficaNy revoked upon acceleration of all or part of the Indebtedness. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TALfST. THIS DEED OF TRUST, INCLUDING TFtE ASSIGNMENT OF RENTS AND TFE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS ALSO GNEN TO SECURE ANY AND At1 OF GRANTORS OBLIGATIONS lrTIDER THAT CERTAIN CONSTRUCTION LOAN AGREEMENT BETWEEN GRANTOR AND LENDER OF EVEN DATE HEREWITH. ANY EVEM OF DEFAl17 UNDER TFE CONSTRUCTION LOAN AGREEMENT, OR ANY OF THE RELATED OOCUMENTS REFERRED TO THEREIN, SHALL ALSO BE AN EVENT OF DEFAULT UNDER THIS DEm OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE Except as otherwise provided in this Deed of Trust, Grantor shall pay to Lander ad amounts secured Dy this Deed d Trust u they become due, and shah strictty and In a tlmely manner perform all of Grantors obligations under the Note, thk Deed of Trust, and the Related Documents. CONSTRUCTION MORTGAGE This Deed of Trtats a "cortstrudion mortgage" for the purposes of Sections 9-334 and 2A-309 of the Uraform Commercial Code, as those sections have been adopted by the State of Washington. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees Thal Grantors possession and use of the property shah be governed by the following provisioru: Posaeaslon end Use. Until the bccturence of an Event d Default, Grantor may (1) reman in possession and control of the Properly; (2) use, operate err manage the Property; and (3) coded the Renq hom the Property (this privilege is a Ycense from Lender to Granter aulomatiealty revoked upon dafauti). The folowing provfsbns relate to the use of the Property or to other Iimitetiorts on the Property. The Beat Property is riot used pdndpady for agrkWlurel purposes, Duly to Malnlaln. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. NWaenee, Waste. Grantor stall riot Muse, condtxt or pemtit arty nuisance nor commit, permit or suffer any stripping of Or waste on or to the Property a arty portlon of the Progeny. Without limiting the generekty of the foregoing, Grenlor wit not remove, or grant to any dher party the right to remove, any tlmber, minerals (Including oN and gas), cod, clay, scoria, soli, gravel err rack praducb without Lenders prior written consent Removal 01 Improvements. Grantor shall rid dsmdish or romove arty Improvements from the Real Property without Lenders prior written consent. As a condition to the removal d any Improvemenh, Lender may require Grantor to make arrerpemanls salistadory to Lender to replace such Improvements with Improvements of at least equal value. Lender's RIgM to Enter. Lender and Lender's agents and representatives may enter upon the Real Roperty at all reasonable times to attend to Landers Interests end to inspect the Rael Properly for purposes of Grantors compllartce with the terms and conditions of this Deed d Tnust. Compliance with Governmenlaf Requlrcments. Grantor shad promptly compty, and shad promptly cause compliance by all agents, tenants err other persons or entlties of every mature whatsoever who rent, lease or ctherwise use or occupy the Properly in arty manner, with all laws, ordlrtanoes, and regulalicns, now W hereafter In effect, of ad governmental authorities applicable to the use or ocetrparcy of the Property, includng without Ifmitatlon, the Americans With DhabUlties Acl Grantor may contest in gpod faith arty such law, ordinance, or regulation and withhold compliance during any proceeding, induding appropriate appeals, so long as Grantor has notified Lender in wdling prior to ddng sc and so long as, in Lender's sole opinion, Lenders interests in the Roperty are net Jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably satafactory to Lender, to protect Lenders interest. Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Cxantor shall do aU ether acts, in addillon to those acts set forth above in this section, which from the charader and use of the Property are reasonably necessary to protect and preserve Ute Property. Canslruetlon Loan. If soma or all of Me proceeds of the loan croetlng the Indebtedness are to be used to construd or complete construction of any Improvements on the Property, the Improvements shay ba completed no later than the maturity date of the Nate (or such earlier date as Lender may reasonably establish) and Grantor shad pay in lull all costs and axpertses in connection with the work. Lender wiN disburse loan proceeds under such terms and conditions es Lander may deem rsasonaby necessary to insure that the interest ixeated by this Dead o! Trust shad have prtorlty over all possible hens, Including those d malarial supptlers and workmen. Lender may require, among other things, that disbursement requests ba supported by receipled bNLt, mcpense amdavits, waivers of hens, construction progress 111111!IIIIIIIIIIIIIIilllllllllllllllillllllllllll11111 3~/2a/00o3 03 35D ION T[Tt,E INSUpRNCE binD 276.00 Thurston Co W~ DEED OF TRUST Loan No: ss~-yo~aia (Continued} Page 3 reports, and such other documentation es Lender may reasonably request. WE DN SALE - CONSENT BY LENDER. Lender may, at Lender's optlon, (A) declare immediatey due and payable aN sums secured by this Deed of Trust or (B) irtaease the interest rate provided for in the Note or other document evidencing the Indebtedness end impose such other condltlons as tender deems appropriate, upon the sob ar transfer, wiihaut Lender's poor written consent, of ell or any part of the Real Property, or arty interest in the Real Property. A "sale or transfer' means the rnnveyarice of Real Property or any right, title or Interest in the Real Property, whether legal, benefktial or equHabb; whether voluntary or involuntary; whether by outrfgM sale, deed, installment safe contract, land contract, contract for deed, leesehdd Interest with a term greater than three {3) years, lease-option contract, or by sale, assignment ar transfer of any ber>aflclai interest in or la any land tNSt hdding title to the Real Property, ar by any other method of conveyance of an Interest in the Real Properly. It any Grantor Is a corporatlon, partnership or limited Yablity comperry, transfer also Includes arty charge in ownership of more Ihan twenty-five percent (259L) of the voting stock, partnership interests ar Ymited Ilabdiy company inleresb, as the case rosy be, of such Grantor. However, tMs option shall not 6e exertised by Lender if such exorcise is prohibibd by federal law or by Washington law. TAXES AND LIENS. The fdlowing provisions relating to the taxes and Ilene on the Property are part of this Deed of Trust: Payment. Grantor shell pay when due (and in aY events prior to iiainquenry) ell taxes, spatial taxes, assessments, charges (including water and sewer), floes and Impasitlons levied against or on account of the Properly, and shay pay when due aY claims for work done on or for services renderod or material furnished to the Property. Grantor shall maintain the Properly free d all Yens having priority over or equal to the interest of Lender under this Deed of Tout, except far the lien of taxes and assessments not due and except as otherwise provided In this Deed of Tn15t. Right to Contest. Grantor may wllhhdd payment d arty tax, assessment or claim In conrrectlan with a good faith dispute over the obligation to pay, so long az Lenders interest In the Properly is not jeopardized K a lien arises ar b feed as a resuH of nonpayment Grantor shat within fiHeen (15) days attar the lien arises or, H e lion is lied, within fifteen (15) days aHer Grantor has notice of Iha fling, secure the discharge of Ma lien, or H requested by Lander, deposit with lender cash w a suMClent corporeta surely band or other security seGSfactory to Lender In an emounl sufficient to discharge the lion plus any costs and adomeys' fees, or dater charges that could accrue az a result of s foreclosure a sale under the Ibn. In any contest Grantor shetl defend NsNf end Lender and shat satisfy any adverse judgment before enforcement against the Properly. Grantor shay name lender az an addrtional abAgeo under any surety bond famished In the contest proceedings. Evidence o} Payment Grantor shall upon demand furnish to Lender setisladory evidence of payment of the taxes or essessmenb and shall authorize the appropriate govemrttental official to deliver to Lender at any Yme a wriHen statement of the faxes and assessments against the Property. Notice of Construction. Grantor shed notlfy Lender et best flHaen (15) days before any work b commenced, arty services are famished, or any materials are wppYed to Iha Prapeny, H arty mecharYe's lien, metertalmen'a Yen, Or other Yen crould be assorted on account d the work, servlcrs, or matariela. Grantor wii upon request of Lander furnish to Lander advance assurances satisfactory to lender that Grantor can and wiU pay the cost of such Improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to Inswing the Property an a part of This Deed of Tnnt Melntensnca of Insurance. Grantor shat procure and maintain pdides of Are Insurance with standard extended coverage endorsements on a faR value basis for the fuY insurable value covering all Improvemenb on the Rest Property in art amount suMcbnt to avoid eppicatlon d' arty colnsurenee chose, and with a standard mortgagee tiause In favor of Lender. Grenlar shall also procure and maintain comprehensive general lability insurance in such coverage amounts as Lender may request with Trustee and Lender being named az additlortal insureds in such Ibbilry insurance policies. AddiiortaYy, Grantor shay maintain such other insurance, including but not limited to hazard, business Interruption, and boiler insurence, as Lender may reasonably require. PaYcles shall be written In form, amounts, coveregea and basis reasonably acceptable to under and Issued by a company or companies reasonably ecceptahle to Lander, Grantor. upon request of Lendx, wii daYver to Lender from tlrne to time the polities or tertlficates of Insurance in Fpm satisfactory td fonder, including stlptllatlons that coverages wii not be ancalled or dirtdnished wthout at least tttirty (30) days prior written notlee to Lando. Each iruurena poYcy also shah include an endorsement providing that Coverage in favor of Lender veil not be Impehed In arty way by any eel, omission or default of Grentor ar arty other person. Should Iha Real Property be located in an area designated by the Director of the Faderel Emerganry Management Agenry as e special flood hazard area, Grenlar egress to obtain and maintain Fedaal Flood insurance, H evelable, within 45 days attar rtotke Is given by Lender that the Property is located in a special Hood heard area, for the toll unpaid principal balance o} the loan and arty prior Yarn on the property securing the loan, up to Iha maximum poky 6miis sot under the NeHonel Flood Insurnca Program, or es otherwise required by Lender, and to maintain such Insurance for the farm of the loan. Applloatlon of Proeeeda. Grantor shall promptly notlty Lender of any loss or damage to the Property. Lender may melee proof of loss H tirenla fails to do so within fllteen (15) days of the casually. WMthar or oat Lenders security Is impaired, Lender may, al Lender's eletilon, recave and retain the pracoeds of arty insurance and apply the proceeds to the retlucflon d' the Indebtedness, payment of any fen aHectlng the Property, or me resiwation and repair of the Property. If Lender elecb to apply the proceeds to reslasion end repair, Grantor sheY repair or repbee me damaged or destroyed tmprovemertis In a manner satlslaciary to Lender. Lander sheY, upon satishactory proof of such expendtturc, pay or reimburse Grantor hem the proceeds for ttq reasonable cost Of repair or resloralbn If Grantor is not in default under this Oeed of Trust Any proceeds which have not been disbursed within t80 days after thek reedpt and which Lender has not eammitted to the repair a restareion d the Property sttal bo used first to pay arty emounl owing to Lender under this Dead of Trust than to pay accrued interest, and the remainder, H any, shah be eppied to the principal balance of the Indebtedness. If Lender hdds arty prauedt ether payment In futl of the Indebtedness, such proceeds shah t>e paid without interest to Grantor as Grantors interesb may appear. Grantor's Report on Insurance. Upon request of Lender, however not more than once a year, Grantor sheY lumish to Lander a report on each etdstlng pdiry of Insurance showing: (1) the name of Ute insurer, (2) the /tales insured; (3) the amount of the poky; (4) the property Instued, the Ihen ctrrenl replacement value of such property, and the manner of determining That value; and (5) the expiration date d the policy. Grantor shall, upon request of Lender, have an independent appraiser satisfactory to Lender determine the cash value reptacerrent cost of the Property. LENDt3t'S EXPENDITURES. If any action or proceeding Is commenced that would materially affect Lenders interest in the Progeny or if Grantor tails to campty with any provision of this Deed of Trtrst or any Related Documents, including but oat Ymited to Grantors failure to discharge a pay when due any amounts Grantor Is required to discharge or pay under this Deed of Trust or any Related Oocumenb, Lender on Grantors behalf may (but sheY rid be obtlgated to) take arty action that Lender deems appropriate, Including but not limited to diseharging or paying al loxes, Gans, sectatty interests, encumtxarrces and other claims, at any Hme bvled or placed on the ProDerry and paying ell cosh for Insuring, maintaining and preserNng the Property. Atl such expertdilures Incurred or paid by Lender for such purposes will Itten beer interest et the role charged under Ile Nate from the date Incurred or paid 6y Lender to the date of repayment by Gremor. AN such expenses wiA became a pen of the Indebtedness and, at Lender's optlon, veil (A) be payable on demand; (B) be added to the balance of the I ~I~l~I I~IIe I~~I~I III III~II~ III ~I~II~ II~ II~~I lift I~~I 03978 /02003 03:35P 5 TION TITLE INSURPP7CE Otf7P 526.00 Ttxrra ton Co Wa DEED OF TRUST Loan No: 967-101418 (ContinGt;d~ Page 4 Note end 6• apportloned among and be payable with arty insteAment payments to became due during either (t) the term d any applicable insurance polby; or (2) the remaining term of the Nate; or (C) t>e treated as a balloon payment whkh wiN be due and peyebb at the Note's mettrdty. The Geed of Trust also will secure payment o} these amounts. Such right ghail be in additlon to aA other dghts end renwdies to which Lender may be entltted upon Default. WARRANTY; DEFENSE OF TITLE. The toAOwing provisioro relating to ownership of the Property are a pert of this Deed of Trust Title. Grantor warrants thab (a) GranWr holds good and marketable title of record to the Property in fns simple, tree and clear of aA NenS and encumbrances other than those set forth in the Real Property description or in any title Insurance pellcy, title report, or final fills opinion issued In favor af, and accepted by, Lender in connection with this Oead of Trust, and (b) Grantor has the fuN right, power, and authoniy to execute and deliver this Deed of Trust to L.erlder. Defence of TPos. Sub(ect to the exceptbn in the paragraph above, Grantor warrants and wIA forever defend the tttle to the Property against the lawful delms of all persons. !n the event any acton ar proceadiry a commenced that questions Grantor's title or the interest of Trustee a Lender under this peed d1 Trust, Grantor shay defend the acton al Grantor's expense. Grantor may be the nominal party In such proceeding, but Lender shall ba entitled to pertidpate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Grantor wit deliver, or Cause to be delivered, to l.endar such Instruments as Lender may request from lima to lime b permit such partlapation. Compliance Wllh Laws. Grantor warrants that ttw Property end Grantor's use of Iha Property compAes with a! existlrq applicabb laws, ordinances, and raquktians of governmental authorities. Survival of Rst>rssentaaona end Warrantbs. AA represerttattons, warranties, and agreements made by Grantor in Iha Deed of Trust shall survive the execution and delivery of Utis Geed W Trust shall be continuing in naturo, and shat rsmam in fuA force and effect untll such tlme as Grantor's Indebtedness shall ba paid In fW. CONDEMNATION. The lollowirq provisions relating to condemnation proceedings era a pert of this Geed of Trust Proceedings. If any proceedtry In condemnation Is filed, Granbr shah promptly notlty (.ender in wnltng, and Grantor shall promplty take such steps as rney be necessary to defentl the adian and obtain the award. Grantor may be the nominal party In wch proceeding, but lender shah 6a entitled to partiapale In the proeeedirq and to be ropresentad in lhs procaedlrp by counsel of its own chdca all at Grantor's expense, and Grantor wi0 delver ar cause to be datlvereH to Lender such instruments and documentation as may be requested by Lander from time to Nma to permit such pertldpation. ApplieaNon of Nst Proceeds If atl ar arty part of the Property is condemned by eminent domain proceedings or by arty proeeedlrp or purchase in lieu of condemnation, Lender may at Its electlon require that all or any portion of the net proceeds of the award be applied to the Indebtedness ar the repair or restoretion of the Property. Tha net proceeds of the award shall mean the award afler psyment d al reasonable crosls, expenses, and attorneys' fees incuured by Trustee or Lender in connection with the condemnation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The folowing provlsioro relating to gowmmental taxes, fees and charges ere a part of this Deed of Trust Current Taxes, Fees end Charges. Upar request by Lender, Grantor shah ®racub such dodumants In addition to this Deed of Trust and take whatever other adlon a roquested by Lander to perfect and contlnue Lender's Nen an the Reel Pmpery. Grantor shall rsimbuse Lender far aN taxes, as described blow, together with aq axpavnes incurred in recording, perfecting or continuing this Oead of Trust, irrJuding without Am'rfatton ell taxes, fees, doeumentsry stamps, and other charges for recording ar registering tMs Dead of Trust. Texan. The foflowing shop constitute taxes to which this Becton applies: (i) a specific !ax upon this type of Deed d Trust or upon etl or any part of the indebtedness secured by this Deed of Trusb (2) a spedlc tax on Grarrtar which Grantor a euthori2Ed or requvad to deduct from payn+ants on tiro Indebtadraiss secured by this type at Dead d Tnaf; (3) a tax on (his type of Deed of Trust ehargeebb against IM Lander or the hoidw of the Note; and (4) a specific tax on aN a any portion of the Indebtedness or On payments of principal and Interest made by Grenla. Subsegwnt Texas. If any tax to whkh Iha sectlon applies B enacted subsegtlanl to Iha data of Iha Dead d Trust, Iha event shetl have the soma effect as an Event of Default, and Lander may exercise any or all of its avalabla ramedea for an Event of DefauN as provded below uMess Grantor either (t) pays Iha tax before K becomes delinquem. ar (2) contests the tax ra provided above In the Tws and Liens section and deposits with Lender cash or a sutAciant corporate surely band Or Other security satisfactory to Lender. SECURITY AGREEMENT; FlNANCING STATEMt]ITS. The folawing provisions rebtirg to Iha Deed of Trust as a security agreement are a part of this Deed of Trust Securly Agreement. This Instrument stall constitute a Security Agreement to IM extent any of the Properly constitutes fixtures, end Lender shah have at of Iha rights of a secured party under U+s Uniform Commercial Coda as emended hom tlme to nme. Seprrity Interest. Upon request by Lender, Grants shetl execute financing statements and take whatever other action a requested by LarWar to perfect and continua Lenders security interest In the Rents end Personal Property. M additlon to recording this Deed of Trust in the reel property reeads, Lender may, at any time and without further authorQatlon hom Grantor, fib mrecuted counterparts, copies or repraduetlan of this Deed of Tnul as a 6nandng statement Grantor shall reimburse Lender for ell expenses incurred In pertectlnq ar continuing this security Irrtarest Upon default, Grantor shat not remove, sever Or detach the Personal Property from the Property. Upon default, Grentor shalt assambb arty Personal Property not affixed to the Property in a manner and al a place reasonably Cpnvenbnt to Grantor and tender and make it available to Lender within thru (3) days after receipt of wriflen demand hom Lender to the extent permitted by appicable law. Addresses. The mailing addresses of Grantor (debtor) and Lander (secured party) from which inlonnafion concerning the security interest granted by Iha Deed of Trust may be obtained (each as requred by the UNform Commercial Coda) ere as stated on the first papa of this Deed of Trust FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relaAnq to huthx assurances and atlorrwy-Ir~fact are a part of this Deed of Trust FuAher Assurenees. At any tlme, and hom Nme to tlme, upon request elf Lender, Grantor wiA make, execute end deliver, or wIN cause to be made. executed or delivered, to Lender rx to Lender's designee, and when requastetl by Lender, ause to ba filed, recorded, refdetl, or rerecorded, as the case may be, et such tlmes and in such offices and places es Lender may deem epprapriate, srry and eM such mortgages, deeds of trust, Secuhly deeds, security agreements, financing statements, continuatlon statemenit, Instruments of furtlwr assurance, certlflcates, and other documents as may, in the sole opinion of Lender, be necessary ar tleskebie In order td efteduale, complete, panc~t, contlnue, ar preserve (t) Grantors obllgatlore under the Note, this Deed of Trust, and the Related Documents. and (2) the Bern and security interests created by ttis Deed W Trust as fast and prior tlens on the Property, Whetfwr now owned a hereaflx eequred by Grantor. Unless prafubited by law or Lender agrees to itq contnuy In writlng, Grantor shop IIIIII VIII IIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIi~II.1IIII a3~26 /02003 03~35P TRRNSNATI ON T[TLE INSURANCE 01rw 526.00 Tixrstm Ca W DEED OF TRUST Loan No: 967-101418 (ContihUt#d) Page 5 reimburse Lender for all costs and expenses incurred In cronrreCtion with the matters referred to in this paragraph, Attorney-Irr-Feet. If Grantor fails to do any at the things referred to in the preceding paragraph, Lender may do so for and in the name d Grantor and et Grantor's expense. For such purposes, Grantor hereby irrevocabty appoints lender as Grantor's attorney-in-?act far the purpose of making, mrecuting, dedvering, ddng, recording, and doing atl ottrer things as may be necessary or desirable, In Lender's sole opinion, to accomplish the matters referred to in the preceding paragraph. F(!LL PERFORMANCE. 11 Grantor pays ad the lndebtadness when due, end otherwise performs all the obdgations imposed upon Grentor under ttra Deed of Trust, Lender shall execute and deliver to Trustee a request for full recomreyanee and shall execute end deliver to Granter sWtabb statements of terminatlon o! any financing statement on file evldendng Lenders security interest In the gents and the Personal Property. My reconveyance fee shalt be paid by Grantor, M permitted by appdcabb law. The grantee in any reconveyerlCe may ba desafbed as the 'person a persons legally endtlad thereto°, and the recitals in the reconveyance of arty matters or facts shell be conducive proof of the 1rulhfWness at any such mailers ar facts. EVENTS OF DEFAULT. Each of the lollowirq, al Landers opCOn, shad constitute an Event of Default under this Deed of TrusL• Payment Default. Grantor falls to make any payment when due under the Indebtedness. Otttsr Defaults. Grantor tails !o Comply with or to perform arty other term, obligation, advertent a condition contained In this Dead of Trust a N arty of the Related Doeumenb or to comply with ar to perform any term, obligation, covenant or condition contained in arty other agreement between Lender and Grantor. Camptbnce Default FaBure to compy with arty other term, obligation, covenant a condition contained in this Geed of Trust, the Note of in arty of the Related Documents. II such a failure b curable and if Grantor has not bean given a nofke of a breach of fhe same provision of tMs Deed of Trust within the prdt:eding Iwelve (72) months, II may be cured (and rte Event of Datautt wi have occurred) if Grantor, after Lender sands written notice demanding cure of such Failure: (a) cures the btltn withn fdteen (15) days; or (b) if the taro requires more than fifteen (t5) days, immetlbtety Inltlates steps suHlebnt to cure the failttro end thereafter continues and completes all ressonable and necessary steps sufdcianl to produce complance es soon as reasonably prectical. Default on Other Payments. Failure of Grantor within the time requlrcd by fhb Deed of Trust to make any-payment for lazes or insurance, or any other payment necessary to prewnl flung of or to effect discharge of any lien. Detsull In Fsva of Tttkd Parties. ShoWd Grantor default under any loan, extension of credit security agreement, purchase ar sales agresrtrnt, or any other agnsement, in favor of any other aedttor or person that may meteriaity effect arty Of Grantor's properly or Grantors abtldy to repay the Indebtedness or perform their respective obdgetbns under this Deed of Trust or arty of Iha Related Documents. Fatae Statements. Arty warranty, representaean or statement made or furrrshed to Lander by Grantor or on Grantors behalf under this Deed of Trust a the Related Oacumenb b false at rMslaedng in any materal respect, either now or et tfw time made or famished a becomes !else ar mbleadng at any Ilme IhereaNr. Defective Cdlaterelizatlon. This Deed of Trust or any of the Belated Documents ceases to be in tWl force and eHeel (ndudng fetlure d any ceiafaral document to create a vadd and perfected security interest ar lien) al any dme end for any reason. Deelh or Insolvenry. The dlssoludon of Grantors (regardless d whether alecllon to contlnue is made), any membr withdraws from the Iknited liebidly company, ar any other terminedon of Grantor's exblann u a golrg business ar Iha death of arty member, the iruoNeney of GreMor, the appoinhnent of a receiver far any part of Grantors proptMy, any assignment for Iha banaflt of creditors, arty type W ereddtx workout, or the commeneemenf of any proceeding under any bankruptcy ar irudveney laws by or agairut Grantor. Gedltor or Forfeiture Proeeedings. Commencement of loradosure ar forfeiture proeeedirgs, whether by judicial procsadlrtq, saN-help, ropossasskn ar arry other metho4 by any ersddor of Grantor a by arty governmental agency against any property securing the Indebtedness. Tfds includes a garnishment of arty of Grantor's accounts, Inducting deposit accounts, with Lender. However, fhb Event of Default shad net apply it there b a good faith dispute by Grantor as to the veidly or reasona6bness of fha dalm which b the basis of the creditor or forfeiture proceedirg end if Grantor gives Lender written notke of the eredtw ar forfeiture procesdlrtg and deposits wtth Lender nwntes or a surety bond for the creditor or lortailure proceeding, In an amount determined by Lender, in its sale dlscrellon, es being an adequate reserve or bond for the dsplda. Breach of Olhar Agreement. Any breach by Grantor under the terms of enY other agreement between Grantor and (.ender that is rwf remedied wifhJn any grace period provided thercln, inducting without limitatlon any agreement concerning any indebtedness or other obligation of Grantor to Lander, whether axistlng now or later. Evenly Affeetlny GlraraMnr. My of the preceding events axurs with rasped to any Guarantor of any of the indebtedness a any GtreraMor des or becomes IneompdeM, a revokes ar dLsputes the vetidiy el, a Ilabldly under, any Guaranty Of the indebtedness. In the avant of a death, Lender, al ds option, may, but shall not be regirked to, permit the Guarantors estate to assume urrcondidonalty the obligafiom arisirg under the guaranty In a manner satisfactory to Lender, and, in doing so, cure arty Event of Default. Adverse Change. A material adverse change occurs in Grantor's financial condition, or Lender believes the prospect of payment a performance of tTw Indebtedness b Impaired. Insecurity. Lander in good faith believes IWIf insecure. Right to Cure. N wch a taiurs b eurabb and if Gantor has not been given a nodes d a breach of the same provision d this Deed of Trust within the pretredirq Iwelve (12) months, it may be cured (and no Event of Default wid have occurred) It Grantor, after Lander sends wMlen notice denrendng cure of such lallurrx (a) cures the failure within flfleen (15) days; or (b) N the crrro roqulres more than fMeen (t5) days, immedalely initiates slaps suHident to cure the failure and thereafter continues end completes ed reasonable and necessary steps sufflclent to produce compliance as soon as reasonably prectlmL RIGHTS AND REMEDIES ON DEFAULT. If an Event of Defaud occurs under this Deed d Trust, at any time thereafter, Trustee or Lender may exercLx arty one or moro of Itre fdlowing rights and ramedfes: ~eetlon of Remetlks Qection by lender la pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expendittres ar to lake action to perform an obligation of Granter under this Dead of Trust, attar Grantors failure to perform, shad net affect Lenders right to declare a default and exerdse its remedies. Accsbrats Indebletlnsss. Lender shall have the right at its option to declare the entire Indebtedness immediatety due and payable, IneWdng any prepayment penalty wf>ich Grantor would be required to pay. Foreeloaure. With respect to ad a any part of dte Reel Property, the Trusted shall Mevd the right to exercise its power of VIII(IIIII I-Ilil NII IIIIiII IIII IIII~I III ~II~I I~I~ II~~ 0 0~6 /00 3 0~:35P TRMISNATIl7N TITLE iNSURRNCE OTnP S26.ap Thurston Co Na DEED OF TRUST Loan No: 967-101418 (Continued) Page 6 sale and to foreclose by notice end sale, entl Lender shah have the right to foreclose by judicial foreclosure, In either ease in accordance with and to the full extent provided by applyable law. UCC Remedies. With respect to all or any part of the Personal Property, Lender stu><I have all the rights and remedies of a Secured party under the Uniform Commercial Code. Cdlleet Rants. Lender shah have the rfghl, without natlce to Grantor to take possession of and manage the Propsty and cdlect the Barite, Including amounts past due and unpaid, and apply the net proceeds, over and above Lenders costs, against the Indebtedness. In turtherenea of this right, Lender may require erry tenant or other user of the property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lander, than Grantor ircevocabty designates Lender as Grantor's attorney-in-fact to endorse instruments received In payment thereof In the name of Grantor and to negodaie the same and cdlecl the proceeds. Payments by tenants or other leers to Lender in response to Lender's demand shah satisfy the obNgations tar which the payments are made, whether or not arty proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either in person, by agent, ar ttvough a receiver. Appolrtt Receiver. Lender shag have the rght to have a receiver appointed to take possession of aY ar any part dl the Properly, with the power to protect and preserve the Property, to operate the Property preceding a pending foreclosure or sale, and to coNecl the Rents from the Property and appy the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond If permitted by law. Lender's right to the appdntmenl of a receiver shay exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount Employment by Lander shell not disquatity a person from serving as a receiver. Tenancy et Sufferance. if Grantor remains in possession of the Property after the Property is sold as provided shove a Lender otherwise becomes entitled to possession of the Properly upon default of Grantor. Grantor shah become a tenant at suttsance of Lender or the purchaser of the Property and shah, et Lender's option, either (1) pay a reasonable rental tar the use of the Property, of (2) vacate the Property immediately upon the demand of Lender. Other Remedies. Trustee ar Lander shall have any other right or remedy provided In this Deed of Trust or the Nate or by law. j Notles of Sob. Lander shah {Ave Grenlar raasonabb notice of the tlme and place of any pubtlc sale of lire Personal Property a of the time after which any private sale or other Inhndad disposition of the Personal Properly Is to be made. Raasonabb notice shall mean notice given at least tsl (10) days before the Mme of the sale or dispositon. Any sale of the Personal Properly may f>e made in conjunction with erry sale of the Real Property. Sots of tits Property. To the extent permitted by appReabb law, Grantor hereby waives erry and al rightr to have the Property marshalled. !n exercising its rights and remedies. the Trustee or Lender shah be free to seN all or any part of the Property together or separately, in one sale ar by sepereh sales. Lender stall be entitled to bid et any public sale on all or arty portion of the Property. Anomeys' Feer, Expanses. M Lender Instttutes any sad a< ectlon to enforce any of the terms of this Deed of Trust, Lender shatl be entltbtl to recover such sum as the carat may adjudge reasonabb as attorrwys' fees a< trial and upon arty appeal. Whether or not arty court action h involved, and td the extent not prohibited by law, aA reasonable experues tender Incurs that. in Lender's oplNOn ere necessary at arty time for the protection of its interest or the enforcement of its rights shah became a part of the Indebtedness payable on demand and shell bear Interest at the Nab refs from 1M date Of the expenditure untN repaid. Expenses covered by this paragraph include. without Nmilatlan, however subject to any limits under appNcable law, Lender's attorneys' has and Lenders legal expenses, whether or not there Is a lawsuit, Including attorneys' fees and expenses for bankruptry proceedings (Including clients to modify or vacate arty automatic stay or injunction), appeals, and erry antldpated post-judgment collection servicaz, the cost al searching records, oblslning fate reports (including foredowre reporls-, surveyors' reports, and appreisel fees, tltle insurance, and has for the Trustee, to the extent permitted by appNcable hw. Grantor also witl pay arty court cosh, in addttton to ar other sums provided by law. Rights of Trustee. Trustee shat have all of the rights and duties of Lender as eel forth In tttis sectlon. POWEAS AND ODL.IGATIONS OF TRUSTEE. The fokowing provisions rdatlnq to the powers and obligations of Trustee (pursuant to Lender's Inslruedons) ors part of this Daed of Trust: Powers of Trustee. In addition to ell powers of Trustee arising as a matter of law, Trustw shay have the powx to take the following edions wiM respect to the Property upon the written request of Lander and Grantor: (a) join in preparing and fitlng a map a plat of the Real Properly, including the dedication of streets or other rights to the pubNe: (b) Jain in granting any eaaen»nt a creating arty rastrictlan an the Real Property; and (e) jdn in any subordination or other agreement aMecttng this Dead of Trust or the interest of lender under this Daed of Trust Obllgallons to Notify. Trustee shay riot be obligated to notify any other party of a pending sale ends arty other trust deed ar lion, a of any actlan or proceeding in which Grantor, Lender, or Trustee shall be a party, unless requred by applicable law, or unless the action of proceeding Is brought by Tntstee. Trualee. Tnutee shah meat ell quslificcatlons required for Tnrstee ands applicable law. In addition to the tights and remedies sat forth above, with respect to all or any part of the Propery, the Trustee shall haw the right to foreclose by notice and sale, and Lender shall Have the right to foreclose by judicial foreclosure, in either case In accordance with and b live fWl extent provided by epptlcabb law. Succasaor Truafee. Lender, al Lenders option, may from time to tlme appoint a successor Trustee to arty Tnutee appointed under this Deed of Trust by an Instrument executed and acknowledged by Lender and recorded in Iha offx:e of the recorder of Thurston County, Shh of Washington. The instrument shall contain, in addltlon to alt other matters required by state law, the names of the original Lends, Trustee, and Grantor, the book and cage a the Auditors 1•Tte Number where this Deed of Trust is recorded, and the name and address of the successor fnutee, and the instrument shall t7e executed end acnknowledged by Lender ar its successors in interest. The successor trustee, without conveyance of the Property, shell succeed to as the title, power, and duties conferred upon the Trustee in this Owed of Trust and by applicable bw. This procedure for substitution of Tnutee shad govern to the exclusion at aN otter provisions for substNUtlon. NOTICES. Subject to applicable law, and exr~pl for nofk;e required or allowed by law to be given in another manner, any notice required to be given under this Deed of Trust, irxduding without Ilmitatlon any notice of dehuN and any notice of sale shah be given (n wrftlrp, and sheA be ethctlve when actualy ddlvared, when actualy received by telefacsimie (wteSa ottrenwlse required by law), when deposited with a natlonetly recognized Overnight courier, or, it maNed, when deposited In the United States maN, as Orst class, certi5ed ar registered mail postage prepaid, directed to the addressee shown near the beginning of this Dead of Trust AN copies of notices of foreclosure kom the holds of any lien which has priority over this Deed of Trust shall be Sant fo Lenders address, as shown near the beginning of this Deed of Trust Any poly nwy change Its address for notices under this Dead of Trust by ghring formal written notico to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Grantor agrees to keep Louder informed al aN times of Grantors currant address. Subject to applicable law, and except for notlee required or allowed by law to be glven In another I II~IIIIIII IIII~I IIII ~IIIIII IIII Ill~ll IIIIIII IIII IIII ~ 78/028007 03:35P TRfiNSNRTION TITIF INSVRANCE OfiP :29.00 Thurston Co. Na DEED OF TRUST Loan No: 967-101418 {COnllnuet~ Page 7 manner, If there is mare than one Grantor, any notce given by Lender to any Grantor 6 deemed to be notice given to atl Grantors. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Dead of Trust: Amontlments This Daed of Trust, together with arty Related Documents, constitutes the entlre understanding and agreement of the parties es io the matters set forth in this Deed of Trust. No alteretlan tN or amendment to the Oaed of Trust shetl be effective unless gNen in wdtlng and signed by the party err panes sought to be charged a bound by the alleretlon or amendment. Annual Reports tf the Property is used for purposes other than Grantor's residence, Grantor shall famish to Lender, upon request, a certified statement of net operetlng income received from the Property during Grantors previous Ascal year in such form and detail as Lender shall require. "Net operating Income' shah mean all cash receipts from the Properly less aA cash expenditures made in eannectlon wkh the operation of Fhe Property. Caption Headings. Caption headings In this Deed of Trust are for cameniance purposes only and are net to be used to interpret or deAne the provisions of this Oeed a1 Trust Merger. There sheN be na merger of the interest or estate created by this Deed of Trust with any other Interest a estate In the Property 8< any 4me held by a for the benefit of Lender In arty tapadty, without the wririen consent al Lender. Governing Law. Thla Geed of Trust will De governed by, construed and entoroed In aeeartlanee with federal law and the laws of the State of Washington. ThW Deed of Trust has been accepted by Lender In the Stele tN Washington. Choke of Vanua. If there is a lawsuk, Grantor sprees upon Lender's request to submit to the jurisdiction of the courts of Grays Harbor County, State d Washington. No Welder by Lentler. Lender sheN net be deemed to have waived any rights under this Oeed of Trust unless such waiver is given in writlng and signed by Lender. No delay a omission an the pert of Lender in exercising erry fight shall operete es a waiver tN such right a any other right. A waiver by Lender of a provision of this Geed of Trust shalt not prejudice or constitute a wahrer of Lender's right otherwise to demand strict compltance with that prov$ion a any other provision of the Deed of Trust. No prior waiver by Lender, nor any course of deding between Candor end Grantor, shaA constitute a waiver of any of Lender's rights a of arty of Grantor's ghligatlans as to any future transactions. Whenever the consent of Lender is regtired under this Dead of Trust, Ihs granting of such consent by Lander in any instance sheN not constitute continuing consent to subsequent instances where such coruenl is regtared and In ell cases such consent may be granted a withheld in the sole discretion of Lender. Severabfllty. If a court of competent Jurisdiction Ands any provision of ttis Oeed of Trust la be rlegal, irnelld, or unenfaceabie as to any dreumslarlce. that Andlrq shell not make the offending provision illegal, inwlid, or unenlorceable as to any other circumstance. If feasible, the offending provision ahdl be considered modified so that it becomes legal, vaNd and enforceable. If the offending prrnAsbn cannot t>e so modified, it sheN ba canidersd deleted from this Deed of Trust Unless otherwise requved by law, the Nlega6ly,'vrvaNdity, a unenfarceabNiy of arty provision of this Deed of Trust shall not aHecl the IegaNty, validity or enfarceeblAty of arty other proWton of tNS Oead of Tent. Successors end Asdgns Subject to erry tlmitatlons stated In the Dead of Trust on transfer of Grantor's Interest, this Deed of Trust shag be binding upon and Inure to Ihs benefit of the parties, their succestars and assigns. tf owrwrsNp of Ihs properly becomes vested in a person other than Grantor, Lender, without notice to Grerriar, may tied wkh Grantors succaasors with reference to this Dead of Trust and the Indebtedness by way of forbearance a extension without rNeasing Grantor from the obAgefions of this Deed of Trust or tiebtiity under the Indebtedness. Time Is of the Essence. Time Is of Ihs essence In the performance of this Deed of Trust. Wdver of hbmesteetl Exemption. Grenta hereby releases and waives all rights and benefits at Me homestead axempGan laws of the State tN Washington es to all Indebtedness secured by this Dead of Trust. DEFINITIONS. The fakawing capitalized words end terms shall have the louowing meanings when used in this Deed of Trull. Unless speeilicalty stated to tfrs contrary, dl references to ddlar amounts sheN mean amounb in lawful money of the United Steles of America. Wards end terms used In the singular sheN Inducts the plural, and the plual shat Indude Ina singukr, as the context may require. Words and terms not otherwise defined in this Geed of Tent sheN haw the meanings al6zbufed to such terms In the Uniform Commercial Code: Bsnafldery. The word Benefidary" means Timberland Bank, and its successors and assigns. Borrower. The word Borrower' means Yelm Property Dsvelapmanl, LLC, and all other persons and enfttles signing the Note in whatever capacity. Deed of Trust The words "Dead of Trust" mean this Deed of Trust among Grantor, Lender, and Tnntee, and Inductee without Iimitatlon atl assignment and security inferesl provisions relating to the Personal Property and Rsnh. Default. The word "Default" means the Default sd forth in this Deed of Trust In the sectlon titled'9efartlt". Evanl of Dahull. The wads 'Event of DefaulC mean any of the events of delauk set forth In this Dead of Trust in ine evanh Of defauA section Of this Deed Of Taut. Grantor. The word "Grantor' means Yelm Property Development, LLC. Guarantor. The wad "Guarantor' means any guarantor, surety, or eeeommodatlon party of any a all 01 the Indebtedness. Guaranty. The word "Guaranty" means the guaranty horn Gueranta to Lender, inducting without Nmitatlon a guaranty of a0 or part of the Note. Improvements The word 9mprowmenh" means aN existing and future Imprtmmenh, bufidings, structures, mobile twmes affixed on the Real Property, fedlitles, additions, replacements and other construction on the Reel Property. Indebtedness. The word 'Indebtedness" means all prindpal, inleresl, and other emaunls, costs and expenses payable under the Note a Related Documents, together wkh aN renewals of, extensions of, modifications of, caruotidations of and subslitukons fa the Note or Related DoCUmen15 and any amounts expended err advanced by Lender to discharge Grantor's obligatlans err expenses incurred by Trustee or Lender to enforce Grantors abAgatlans under this Deed of Trust, together with interest on such amounts as provided in this Deed of Trust Lender. The word 'Lender" means Timberland Bank, its successors and assigns. Note. The wad "Note" mearn the promissory note dated March 25, Zoaa, in the original principal amount of $947,900.00 from Grants to Lender, together with ell renewals of, extensions of, modificatlans af, refinancings ot, consoNdatlona of, and subsalutloro far the promissory note a agreamenL The maturity data of Ihfs Dead of Trust a April 1, 2005. NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE. Personal Properly. The words "Personal Property" mean dl equipment fodtres, and other amides of personal property I IIII~I I~III IIIII~IIrI I~IIIII IIIIIII~~I III VIII I~,l till 03x,1260003 03:36P TRgN5NgT10N TITLE INSURgNCE 01TP f26.C0 Thurston Co 41a DEED OF TRUST Loan No: 967-101418 ~ContitlUt3d) Page 8 now a hereafter owned by Grantor, end now or hereafter attached or affixed to the Real Properly; together with aY accessions, parts, and eddltlons to, all replacements af, end atl subsdtutiens for, any of such property; and together with aU Issues end profits thereon end proceeds (including wilheut Ilmitatlon all insurance proceeds and refunds of premiums) from arty sek ar other disposition of the Property. Property. The word "Property' means cdlectlvey the Reflt Property and the Personal Property. Rad Property. The words "Real Property' mean the real property, interests end rights, as further described in this Deed of Trust. Related Documents. The words 'Related Documents' mean aN promissory notes, eredH agreements, loan agreements, gwrentles, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and aA other instruments, agreements and documents, whether now ar hereafter existing, executed in connection with the Indebtedness: provided, that the environmental indemnity agreements are not'Reteted Documents" and era not secured by this Deed al Trust. Rents. The word 'Rents" means dl present and future rents, revenues, Income, issues, royalties, profits, and other benefits derived from the Property. Trustee. The word Trustee" means Timberland Service Corporation, whose mailing address Is 624 Simpson Avenue, Hoquiam, WA 98550 and any substitute or successor trustees. GRANTOR ACKNOWLEDGES HAVING READ ALL TFfE PROVISIONS OF THIS DEm OF TRUST, AND GRANTOR AGREES TO ITS T13iMS. GRANTQR: YELM PROPERTY DEVELOPMENT, LLC t Dennis M Bdaedo, Manager of Yelm Property Oevelopmsnl, LLC LIMITED LIABILITY COMPANY ACKNOWLEDGMENT STATt:oF ~t/as~..+s YO~^ I ~ ERIK J. HEIMANN ~ --~ I S~ NOTARY PUBLIC ~ COUNTY OF /!I cY5 I7n I ~ STATE OF WASHINGTON ~ ~ My Commission Fspns June 5, 2006 :p Onttus ZS~' day of ~Jn~<<' , ZD y3 .before me, the undersigned Notary Public, persanaly appeared Dennla M 9daado, Manager of Yelm Property Development, LLC, and personapy known to me or proved to me on the basis of selisfactory evidence to bee aF the Amited 4ebillty company that executed the Deed of Tnat end acknowledged the Deed of Trust to be the hee end voluntary act and deed of the limited Itability company, by authority of statute, Ih artiClea of organization or Its operating agreement, for the uses and purposes ttwrein mentioned, and on oath stated that txs ar she is authorized to execute this Dead of Trust and In fact executed the Deed cl Trust on behafl of the Ilmibd aebiaty company. By~~t~,e~.._,.--- Rsslding at O ~~ ~ .. Notary PubBC In ono for the Stde Of ~¢ MY commission expires 06 ~~5 ~vY REGIUEST FOR FULL RECONVEYANCE To: ,Trustee The undersigned M the d9d owner and holder of a6 Indebtedness secured by this Derrd of Trust. You are hereby requested, upon payment of aY sums owing to you, to recomrey without wertenty, to the persons entltled thereto, the right, titb and Interest now held by you under the Deed of Trust. Dale: Benstklary: ~~ Ili ucu viw cwwa vw.sn.aascc c,w. wrrrn..^.,,cwu.w. r..w., woo. w.wc w...«. -w• r~,uxri,es,rc rn-,.w n,-r I IIIIII IIIII IIIIiI IIII IIIIIII IIII IIIIII IIl II111II1I INI 0 5~s~ ~ ~ 3=P NATION 7TTLE TNSUgANCE OfiP =28.00 Tr>urslen Ca IL NOTICE OF FURNISHING PROFESSIONAL SERVICES That on the 7th day of October, 2002, Ski111ngs~Connoily, Inc. began providing professional services upon or for the improvement of real property legally described as follows: LEGAL DESCRIPTION: PARGFI 8 OF BOUNDARY LINE ADJUSTMENT NUMBER 8LA00~280YL AS RECORDED ON SEPTEtutBER 21, 2000 UNDER AUDrfORS FILE NUMBER 3314745, RECORDS OF THURSTON COUNTY, WA51tWGTON. ~~ The eerkral nature of the professional services provided is for engineering and surveying SeMces: Project 02028, Willow Glen. The owner or reputed owner of the real property is: Denny Balascio, Yelm Properly Development, LLC, 18442 Middle Road SE, Yelm, WA 98597. w _ f(abertG. Conndty, Vice Skillings-Connolly, Inc. 501fi Lacey Blvd. SE Lacey, WA 98503 (360) 491-3399 STATE OF WASHINGTON ) )~ County of Thurston ) On thlss~ day o 2003, before me personally appeared Robert G. Connoly, P.E, known to be the Vice President of Sk(Ilings- oily, Inc., that executed the within and forefloinQ instrument and acknowledge the said Instrument to ba the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned and on oath stated that he is authored to execute said Instrument. WITNESS WHEREO I have hereunto set my hand and affixed my offlclal seal the day and year first above written. Print Name: Gloria Walklev Notary Public in and far the State of Washington, residing in oia. My appointment expires June 21.2003. OFFICIAL SEAL GLORtA WALKLEY NOTARY PUetK-STATE OF WASHINGTON My Cornntiaiort Et~ires Ja» 21,2003 yl `` }}}} `~ 324611 1 ~~I~~~~~1 l~ paw 1 of 1 I~~~~~1~f~~~~ 0412412003 i t :1 to Il~~ll~11~111 llllll {,ar, Go. ~ 1 ~1111~1ti11 ,~ Thur.s l~~ s19 . SKILLINGS CONNDLLY ING N D.h ~~ ~, ~ r ~ 1 Z-, t9 ~_ 7ha Yrtdenlyttedr the ri~+t to install, maintoln, rsploce, remove and use on electric f~a »'IJGET ~Np pO1tIEf3 6 LIGiiT COMPANY, Ikna• l,tshdln~ oil necessary pales, anchors, wi-ee and fixtures, and is keep this line free of In-erference frow trees a other sitvoted in the Co•mty of =huretott , Store of Ylashington: ~owth en tfte (ellewirq property bo ttodth » Laat of t!t• vest ~ada?ractatintSaetioni20. bt 4~ ){belt 1Sr McLattna Irsi= salt of dip 17 >Rorth• lan=• 2 ><aat of W. K., lyins .~ ~a wet line o! acid saetioo 20. 2otrnahip and 1R+nia• ----~""~'~"~ ~ .- ~ ~i ~ ~' foal btata Sales Tta PaidiL~ y ~ 15 ~~a'966 _". laoaiyt to. ate I~4 J. ~ooQa,w t)LO>s CO~y Treasy,.~-. 1~t L ~ ,tip '~-, ~0 ~~ V / ~ v rr -~ ~. ~~ _ _ _ ~--- - . N na a l! _ ------------~ -' ~ and~_ 71ia eenfM (lna d wid eled-is litre h bo leeated as new staked across sold prope~ pN aatobot and ts.euaasT tu7a only. . T1taC.~~f- shall haw access (« tM pwpeses shred end shall be nspens(-le Far danwoe caused by ^Nlioe1CO e• tM Caw/anlt• T1~ea tats sMll M ~ittdltt~ Yuan ti+a sYeeessen.end sl'ns ei the naoaetlw Pa •. tnNa ' ' iTATt Of MIASIiINGTON w COUNTY 0!t T'>~f1Z'OM ly appeatod -aiw nn and W. Laa and >sett Lia On fhls day panenel i Instrun+ent, and ack,awledged that to M ~taa~tl 1~ M~ Indlvldwll.dascrlbd In and who eaesuted the within and fereye n0 therein x+eMlened. ` ~• ast>saish+e and wlYnhry act and deed far tM uses and p•+r-~ t~%~ItO~ ~; ., L Tp it v a Y l l 66 ,~VtIT Yr~'!py j+n~ ~ eiiklal seal this 1~dsy ~ ~ l9 4 • : l A T ~ _ ~ ~ ~.t..z ~. Q_~ _ • •• FCUC L t C o7~~ ~ Y t n aM'rer rrw~... d ~• wi~~.'r'~r ~~~ • ~ nt.~nta '~s'r.~a.\n'.~ ._.. taaldhq Oa this .~~ ~ ' asd M M known h M ~ ~ Pneldent ens 19 . -efere eie, tM w+~re+4 , verseneliy e~ered reepectlvely, e( the cer}eraMen Chef eseeuted end acknewied the wi trvw•ent t• M the hee end veiuntary act end deed of seld carppotlan, ~ }~NI esn~ lI 1tYnnnt, Ma euthaisd to erec++te the se td inatrv~ent fw tfta Yaaa and pwMeee therein narrtlened on eath shred Chet ~ that tiro seal aifised Is tl+e (ei? sold eerperetlen. seal hereh affixed the icy end yew fk.- atiwe .rltten. tA3t~iMT•I~RMIT nas.u ~•N a n ana sce n~1on' raaidity at •yp~, ~ P~GE2U ?~' ~SJ7Jn ---.~- -- -- - ~~ ---- --- - ---- = c ,~ B 7 7 0 3 S~ ~~~ ~~'r i ~ .1967 ~ ~~~. 8avard li. Lta aed fatty J. Lea. husband aad rife, . 1~ b lUGET SCIUND POWEl1 i~ UGHT COMPANY. tha right to fnNol~ nwintoir4 roVbca. rorrwro and vsa on .i.dric pn., anchors, gins and Ihlwea, and b UoaP d-b flno ~+ d Mtorforonu train boos or oMor prornh Mdrrdlry dl awsswy ~A 'r11pRS•T011 . Sbb d Washtrgton: a tha ldlw+^9 proPorh savobd in N+o County d She aozthvesterly 7S fact o[ the aouthveaterly 7 feet of Loe 4 in ~loek 3S o! 2!c[eana Irrisated Tracts as recorded in Voluse 9 of Plats, pale i3. secorda of ?huraton County. Waahin~ton. Tho pntor Iina dsaid aladrk lino b ba bcatad m noMr sbi.d ouws said property • and Consistint[ of /. _. ~ ~ ~ one anchor and necessary guys only. ~ _ . ~ .,~; r ,, • to ~ ~'~ ~' ~ o ~ •~ -- o y \ c--~ ~ shop horn occoss for the r stand and spoil ba r~s~onslblo for dam • cous.d by n.gliq.nt~ of th. TM Company p" P°fs ~p r Cpnpony. TMsa bans shall ba bindlM upon tM succ.sson and ossi9ns d the r diva portt.s. CA Oq Vs ~ Y ~ __ O c'r !~ r STATE CtF WASHINGTCN CouNTY o+< sairrolT St ~ ~ O b° v v 0 W 00 ~o ,~ ,~ '~pn ~ y~.~rsonolly app«nd b.for. m• Eo+rard N. Lee and Dttt J. a b i1~7.1nown b (;a;thi indlrtduol! dosvlb.d in and ~.ho .s.cubd th. vrifhfn and kr.poln9 InstrwnoM. and oc~nowb/god That ma os [hair Ir« ord roivnbry od and dead for Ina vs.s and p..rpos.r thar.lw in.rMlonad. 'Cb1~s~~sO- and ogidol.aol tMsf~doy d ../t-'-~"'~'~~~ 19 67 f+~.Mk Iwand ter Sbta Wash r bi^Y ~ STATE OF WASHINGTON COUNTY Of 11 N Ow d.is day d _ 19 . ~oforo s+a~ 1 ss.d b iwa Iwown b 6a Mao k~~"~ o" •~ rospodtrah. ~ M~a wpM+tl« Nia1 ss..dMd IM for.9oin9 ocliwe.riad0~ IM Nrwn.nt b b• tl-. fr« and roiunbry od and d..d d wld corporallw~. for th. us.a Inshwn...f, qd a~.lAorbsJ b ossn+b tM sold M.f rwn.nf and asv r.rpows Ih.roin wwM awd ow oath sbbJ Ihot . Meat 11-o ss+l dFrsd Y praM coal d sold owprat~ ~ hand arJ oMkbl s.al harsoe aNiwd Ina iby e.J y..r Ilrst d-oro ~.rM1aw. wsovw. rsr .ts~>IS.s-st Nasory f+s,bilc w ..d hx th. Sbio .+ W oshinq+wti p.rsonaily oppwr.d v+~ 4~5 ~~a85 n.tdw.y .r .G_~:a f3510250~41 DECLARATION DF BOl1l~DARY LINE ADJlfSTh1EN7 AND COVEN i 7 i 0 Know all men by these presents: That we the undersigned having a real interest in the tract ot"land described by the declaration; and do hereby declare the herein described adjustee t land ce ifi undo~^y_line adjustment number BLA • o ~ o '1 on the~~ay of '!U ~,- iR~i , by the Planning Department, subject-to-thhe follow ng co~ienants 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, un]ess 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 6e laid and.'the bright of ingress or ogress 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 right to continue to drain said roads and ways aver and across any lot or lots where the water might take a natural course upon reasonable grading pun uant to improvement for dedication of the roads and ways shown herein. Following reasonable grading pursuant to improvement far deditatio» of the roads and ways shown he re lit, na drainage water on any lot or lots shall be diverted ar blocked from their natural course so as to discharge upon any public road rights-of-way or to hamper proper road dralnage. (5) That the adjusted legal description of each of the tracts being adjusted i5 attached hereto and incorporated by reference as though fr,)ly set art herein. {6) That additional tovenant, easements, and restrictions, if any, solely for the benefit of the grantor, and his heirs, successors and assigns enfarceab]e only by such persons, are attached hereto either as exhibits ~"'~ or as previously recorded under auditor's file i-a~corporated by reference as though ful iy set out here~'- (7} We, the undersigned hereby dedicate to the use of the public forever, al] streets, avenues, p]ace5 and sewer easements or whatever public property there is shown on the attached houndary line adjustment map and the use tfiereof for any and all public purposes not inconsistent with the use thereof far public highway purposes; also. the right to make aIi necessary slopes for cuts or fills upon the loth, blocks, tracts, etc;, shown on this plat in the reasonable original grading of all streets, avenues, places, etc., shown hereon. ~;; . .. ~ .' .. .. ' ~ r.:... n.-q~r 0 ~~ VOL ~ PAGf Gj ~ ~~ #•:. ,'~ • ~ ,' 8510250041 ~t'` ~' - 0 3 01r ," , That, but for the exception cor-tai»ed in paragraph (7) above, these cavenanis are far 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. paled this ~' day of (GranWr} {tjrantor •~ • • ~ (Grantor) (Grantor} STATE OF WASIFINGT~I~i+ •ss. Coutity of ~dI'4•~o/'l .' On this day petsonalIy appeaeed before me .JCS?~~ ~'~'~r' k•s-~~iryn -Zx'~~°~7 io rre known to be the irtdividualh describ_ ed in and who executed the within and foregoing insiruttteat, and acknowledged that .~tG~/ signed the same as ~fit% free and voluntary act and deed. for the uses and gurposes,tlierbin mentioned. ;-~ GIVEN under my hind and oflicial~seal.this ~~.~~' day.af• v/1G . 19 65 _ " ~ .:,•y, P is in and for rhr .5r re of iVuskingron STATE OF At s+c ~. `• _ ~, ;'~! ; ;'•Tti2cirirl ;~ i ~ c; ~ Sr Jl~tH[,gl 01ST J : i,,. T.• , ~~ 1 Oa this day petaonally appeared before me • /~,arcW . ~ • ZENC,•~c S~ • y B~ ~ >~+-~MD to tt;t known to be the individuai~trri~eQtfZil edli~i ~d who executed the within and foregoing instrument. and zcknowlcdged thzt it ,~,.p6Y••„•'Sig~i6~~e same as Ts1,L free and voluntary act and deed. for the uses and purgb~•~herein mention. GIv1=N under my hand and : ~pTARI- :iaT seal ttut _ JZ *' ~•pA AUBL~~'+ =TgTF •n r e,1 d~,_ y ~iA y . _ . , 19 S'.~ . . (~./h l~t+biic ir~y~tci~r tl,s Stare of ~~+:va+ at.,~ivstu ~ '~ AU 'Fr RTIFICAT~ Filed for r ~rd at the request of ~/~ufSF~" ~ ' ~ . .; this a~ day ~t Qcf• 19 at /~-• minutes pass /: ~~ o'clock _m., and recorded in Volume ~_of Stmr}.~iets, ~fA~ on page S- - ~'03.t~>~ords of Thurston County, Washington. ..~.,.,, ~„_ ;~ 1 ~ ~ PAS ,~~ 1~~1~ - ~ ~~ ~__ "ti~~N ~ ~~.u~tp'~,•W'i~ .J ~ ~ Thurston County Auditor '~;~-;F:„ ' %:;SAN ,~v~SY µ'';M~'C? ~ ~• VOL,~pgGc tiv.~G -~..._ ,.e... ~ ~.3 ~ ' ~ ~ f ~ . ' ~(•.~. 1 7 y' ~ •Y ~ . r ~ . . . ~ • • .,ix i .~ °. r~ ~ ' .•1. r~l,.,. .. , ~ QY.p +~-' Y7: .. ~ r . y. .. , ~. A %~._ j `:bra.; ~: r~.;;.{, `+:~.' •. _ :~~. ~ ~ -% Boundary Line Adjustment BLA O'3 ° ~1~3250~~1 LEGAL DESCRIPTIONS 1 ' Original_Deacriptions ,Lot 4, Block 35, of the Plat of McKenna Irrigated Tracts ~s re- - ,corded in Volume 9 of Plate at page 43, Records of Thurston County, Washington; TOGETHER WITH that portion of vacated Flume Road, ad3oining on the North, which, upon vacation, attached to said Lot 4 by operation of Law. Lot 3, Block 35, of the Plat of McKenna Irrigated Tracts a8 recorded in Volume 9 of Plats at page 43, Records of Thurston County, Washington. New Parcel Descriptions parcel "A^•of Boundary Line Adjustment BLA Ne. Q-~~ described as fallowe: mhat partian of Lots 3 and 4, Block 35, of the plat of McKenna Irrigated Tracts as recorded in Volume 9 of Plats at page 43. Records of Thurston County;"' kaohlhgton, lying .lyssterly- and ~Ioxtkterly of the following described line: Beginning at a point on the North line of said Lot 3, S 890 29' S6" E, 76.70 feet from the Northwest corner thereof; Thence 8 8° 02' S2" E, 128.43 feet; Thence S 520 12' S1" W, 311.37 feet to the Northerly line of Middle Road (100th Wa<y~; TOGETHER WITH that portion of vacated Flume Road ad3oining on the North side of said Lot 4, which, upon vacation, attached to said Lot 4 by operation of Law. ALSO TOGETHER WITH and aub~sct to eaeewents, restrictions and xeservations of record. ' `Parcel B of Boundary Line Adjustment BLA No. ~3~ described ae hallows: That portion of Lots 3 and 4, Block 35, of the Blat of McKenna Irrigated Tracts as recorded in Volume g of Plata at page 43~ Records of Thurston County;'War~hington; lying Easterly_and.5outherly of the following described line: Beginning at a point an the North line of said Lot 3, S 890 29' S5"E, 76.70 feet from the Northwest corner thereof; Thence S 80 02' S2" E, 129.43 feet; Thence S 52° l2' S1" W, 311.3? feet to the Northerly line of Middle Road (104th Way); TOGETHER Y1ITH and sub~eet to easecaents,.restrictione and - reservations of record. V4L ~~.- PAGE ~,,,_r ;f~~ ~ ::j..j ~: ft;Yi t' , ,4, Y7: : "rr. 1.?:a:.•~ . ._ .. .. }}.. ~~ ;t . aka. ~ 'r ' ~ s~ %/ ss~.ozsoa41 . .. ., ' ~, r`. F~:. . t ~ ~ ~ .. ~ > ~ ~r.v. ..,L Y ~ is ~~ + _ ~ ...j,. ~ • Y^Y :ti 1~ ~, :S ' ' r~ ~ D::,r r {Y: ti ~: • h.R!.• ' .:~vc . ., ... ... .. :a K ~~~Q~~i J1...LLr~ a I hereby certify that the above legal descriptions are accurate and incompliance with the Subdiviaian Cade. Said descripticns (are) {are not) based upon a Recorded Survey. Submitted this ~~ day of ,/iJG ~ 19 g "~• ~f~y~s ? Amy-syc . ~ • ,~-ul-r~ Dame o~`~t a Go. or Surveyor • '~gnature. 1~~'""-" ~S /G•Z/O VOL ~ PAGE ~~B ' a!+'~~ i ~ ~ i ~30.r,.,r,OAQY L/.J~ ~~ ..,.a~ ~ i ~ ,c1p/~s~-M ~.r ~E; i ~ 851O~5OG41 1 ' ,; - ~ 2 .... • ~- ~ 0. Vi4~N,~Y ~aG ~ v o 3 ~ .'>' ~ ... :l ~ ~ o o 1 f . ~~ ~ ~ ~„ ~5,. SLR . _ ~ 1 s~ _ . ~_.... .~_.._.._ .. _. _.. k .. .. ~ ~ __. 1~ ~ •-~-t- ' ~~ ~ ~ _ ~ t; ~ i~ ;~~ mss. '~ ~Q h '~ tr~~ ~ 3 ~ ~o ~ Q ti ~ __. ._ G ' axe ~ 4 .._. o ; tt , ~CQ ~, sue. -~!o' n~ -E - - ___.~--__. .. _ _ : _ . _ . i._ .. ~~`~ G ~~AO~ gyp, ~c~ f~o~ v~At .off . :. ' '; _.: ~ . + ~ f c ,. ' CERTIFIC.ITION fiF CONFCFiMANCE I hereby certify that this boundary Sine ad~uatment conPorrna with the requirements of the Platting and Subclivisi4n Ordinance as the ad~uatment does not create any new lots containing insufficient • Iot area and dimension to u~eet the ciinimum requirements for width • and area for bui ding eitea. ~b ~.e-~ ann g Depar men . VOL ~ ~ PAGE G,j9 ~~_ Return Address Clty of Yehn Shelly Badger PO Box 479 Yelm, WA 98597 Document title(s) (or transactions contained therein): 1. Ordinance No. 727 2. _ 3. Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial 1. Yelm Property Development, LLC 2. Laura L. Pratt 3. Grantee(s) (Last name, first name, middle. initial) 1. Public 2. Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) Parcel B ofBLA-1054, Parcel A of BLA 00-8260YL, i O Additional legal is on page _ of document Assessor's Property Tax ParceUAccount Number: 64303b00302 and b4303500504 3331850 01g13/2~99~, UAIA CITY OF YELM ORD 142.68 Thurs CITY OF YELM ORDINANCE NO. 727 AN ORDINANCE of the City of Yelm, Washington, approving modification to the final assessment roll for Local Improvement District No. 1. WHEREAS, the final assessment roll for Local Improvement District No. 1 ("LID No. 1"} in the City of Yelm, Washington (the "City") was confirmed by Ordinance No. 674 on September 24, 1999; and WHEREAS, one or more property owners within LID No. ]have applied for a transfer of certain assessments} within LID No. 1; as shown in the executed Agreement delivered to the City, a copy of which is attached hereto as Exhibit I; and WHEREAS, based on the representations and information set forth in said Agreement, the City Council will agree the proposed transfer of assessments; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YELM, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The Agreement, attached hereto, as Exhibit I is hereby approved. The City Council hereby fords that the value of each of the parcels as shown on Exhibit Bin the Agreement is at least equal to the assessment proposed to be levied thereon. The transfer of the assessments as shown on Exhibit B to the Agreement is hereby approved. Section 2. This ordinance shall be in full force and, effect five days after its passage and publication as provided by law. PASSED by the Council of the City of Yelm, Washington at its regular meeting on the l0ei day of January, 2001. CITY OF YELM, WASHINGTON yn .Wolf, Mayor ~~ ; Authenticated: C ~'~::: ~~ ~ ~ ~ '~ yt ~ ~ `~ Agnes . Bennick, City ClerklTreasurer Approved as to Form: Bond Counsel, Preston Gates & Ellis LLP Passed: January 10, 2001 Published: Nisqually Valley News, January 26, 2001 Effective Date: January 31, 2001 ~~a~V~~IRI~~I~III~gNfl~ a.~,.~„w CITY OF YELM LOCAL IMPROVEMENT DISTRICT NO.1 AGREEMENT WITH RESPECT TO CERTAIN ASSESSMENTS 1. The City of Yelm confirmed the final assessment roll for Local Improvement District No. 1 ("LID No. 1'~ by Ordinance No. 674 on September 29, 1999. 2. LAURA L. PRATT, a single woman and successor-in-interest to the RICHARD J. PRATT TRUST, hereinafter referenced as the "Original Owner," represents and warrants that she is the sole owner of the following-described property located in Thurston County, Washington, hereinafter referred to as the "Original Assessment Pazcel": Parcel B of Boundary Line Adjustment No. BLA-1054, as recorded Apri12, 1991, in Volume 10 of Boundary Line Adjustments, pages 594 through 597, inclusive, under auditor's file no. 9104020180. At present, there is a principal amount of $49,225.05 remaining with respect to this Original Assessment Parcel. Attached hereto as Exhibit A is a copy of a title report confirming ownership of the Original Assessment Parcel in the Original Owner as of November 2, 2000. 3. The undersigned, on behalf of the City Clerk-Treasurer, hereby confirms that the current assessment roll for LID No. 1 identifies the Original Owner as the owner of the Original Assessment Parcel as of this date. 4. The Original Owner and YELM PROPERTY DEVELOPMENT, LLC, a Washington limited liability company, hereinafter referred to as the "New Owner", 3331850 Page 1 of 4 Page ~ 3 of 35 evtsr~aal es 3tR CITY OF YELM ORD f4P.69 Thurston Co, Llhl hereby agree that a portion of that assessment referenced hereinabove shall be transferred and relevied on the New Owner in the manner described in Exhibit B. 5. Attached hereto as Exhibit C is a copy of a commitment for title insurance showing ownership of the New Owner's Parcel in the New Owner. Attached hereto as Exhibit D is written evidence of the authority of Denny Balascio to sign as manager, for and on behalf of the New Owner. 6. The City Administrator has reviewed this Agreement and its Exhibits, and confirms that the pazcels as described therein are not land-locked nor do they contain any wetlands situated, and states that she has reviewed the appraisal information provided by the New Owner. 7. The City Clerk-Treasurer has reviewed this Agreement and its Exhibits, including specifically the new allocation of the subject assessments, and confirms that the values of the parcels encumbered aze at least equal to the unpaid principal balances of the assessments so allocated. The Original Owner and the New Owner hereby agree that immediately upon adoption of an ordinance by the City Council of Yelm approving this Agreement, the assessments for LID No. 1 shall be as shown on Exhibit B. Said parties hereby warrant that all previously billed assessment installments levied upon the Original Assessment Parcel have been satisfied and the account is paid current, including principal, interest and penalties. This Agreement shall be effective and binding upon each of the said parties upon their respective signing of this Agreement. 3331850 Page 2 of 4 Page 4 of 35 8111$i28A1 A9~31R CITY Of YEL11 ORD X42.88 Thurston Co, l~R ORIGINAL OWNER: _~. ~aa3~ a a L. Pratt Date NEW OWNER: YELM PROPERTY DEVELOPMENT, LLC. Y= , Denny Balascio, its manager Date CITY CLERK-TREASiJRER: Date y~'~rs ~ ~tN,y. C ,~ CITY ADMINISTRATOR: ~ 1~~~-~ 1 Date 3331850 Page 3 of 4 Page' S of 35 r.rTV of vFi n elriBrzael es:31R ORO 542.80 Thurskon Ca, tJR STATE OF CALIFORNIA ) ss. COUNTY OF ~"~ ^' T'` '~}z'~ 4'~° 0 9E coMrSi ~T~ F~RFzELD ~ r NOTARY PUBLIC-CaUfORN1A SANTA BAIQBARA COUNTY n COMM. EXP. JUNE 1d, 20Q4 j STATE OF WASHINGTON COUNTY OF THUR.STON before me, ;`,~ ~~~h-..~a~r~~Notary Public, personally appeared LAURA L. PRATT, [ ] personally known to me -OR- [ ]proved to me on the basis of satisfactory evidence 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 by her signature on the instrument the person or the entity upon behalf of which person acted, executed the instrument. WITNESS my hand and official seal. .~~P ss. On ibis ~~"`' day of l~~°Pr'y~.~JEt'' ,2.000 ,before me personally appeared DENNY BALASCIO, manager of YELiv1 PROPERTY DEVELOPMENT, LLC., the limited liability company that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said company, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. '`~,~~~ a f11r~i~~~~~ ., ~- t. Mo ,,,.h~~c,,,,,,,,,,,,,,~iy = ~' '` NOTARY" "~~• ~~ WAS' ~~~ Notary Public in and for the State of Washington, residing at ~ hiy commission expires `~1 ~' (~~ 3331850 Page 6 0£ 35 Page 4 of 4 ~ B111E12881 89 ~ 31A CITY OF YEC.M ORD f42.68 Thurston Ca uA EXHIBIT A Title Report Relative to the Original Owner's Original Assessment Parcel. Pagebltof 1 e a 8I2A9i es 3IA C17Y aF YFLt1 QRO ~}2,0g Thurston Co, UA COMMITMENT FOR TI7I.fi INSURANCE CHICAGO TITLE INSURANCE COMPANY CHICAGO TITLE INSURANCE COMPANY, a Missouri corporation, herein celled the Company, for a valuable consideratiaa, hereby cormnils to iswe its policy or pelicia of title insurance, as identified is Scheduk A, in favor of the proposed ]nsured natrsed in Scherisle A, as owner or mortgagee of the estate or interest coveted hereby in the lard described trc referred to in Schedule A, upon payment of the premiums and charges therefore; all wbjt:ct to the proviitons of Schedules A rrtd B std to the Exclusions from Coverage (appcatitg herein) and to the Curditions and Stipolteiotts hereof- ' This Comteiurcta shall be effective only when the idcrnity of the proposed Inwted and the amount of the policy or policies eommiaed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Corrantltttent or by ssbsequent endorseanem. This Commitment is preliminary to the iawantt of such polity or policies of title insurance and al! liability and obligations hereunder shall +a;sae and terminate sa months after Ilse effective lase htteaf or when the policy or policies cotnmiued for shall issue, whichever first occurs. provided that the fsilura to issue such polity or poliein is not the fault oC the Company. In Witness tVherenf, CHICAf:,O TITLE INSURANCE COMPANY has eau.+af this commitment to be signed and sealed a of the date of polky shows in Schedule A, the policy to become valid when countcrsignod by an authorized signatory. Issued by: CHICAGO 'TITLE INSURANCE COMPANY CHICAGUTTlLF.INSURANCF:COhtPANY 3315 Paci>:,c Avenue SE Ity: Suite DI - B ~~ L ~~~ Olympia, WA 98501 +""w+~ / / (360) 456-7878 a''er President ~ SE ~ (Dye:,,. L./r/- ~ ` SecrNary Auttwl¢ed $~ lunl i~u~~~m~~~~~~nm ~~u w . , ,Irin in toss a u:uust CI~AGO TITLE INSURANCE C~MPANY sits rwartcwve se io-IS, o4YMPtA, wA9asot A.L.TA COMMITMENT SCHEDULE A Title Unit: Oo142 SECOND COMMrI'M8N'j' Phones (360)'156-7878 Fax: (360)456~T76 Order Na.: 2004496 Officer: OLYMPIA TITLE DEPARTMENT Yaur No.: PRATT/SEMOR MULTIPURPOSE Commitment F,fTcctive Date: NOVEMBER 2, 2000 at 8.'OOA.M. 1. Polity a Polities to 6e issued: PREtd[UMAPPLICwH4t: HEI1V2Pl/ ht0,001.00. 172D,OOpAp ALTAOwnes'sPalicy AmauaL• $11+,000.00 1992 STANDARD Premrum: $ 595.00 Tax: $ +7.60 Proposed Insttrcd: SENIOR MULTI-PURPOSE CESfPSR OF YELM, A WASHINGTON NON-PROPIT CORPORATION 1 Policy or PoGdes to be issued: ' Amoual: $o.oo ALTA Loaa Policy Premium: 1992 EXTENDED Tax: Proposed insured: Policy or Poiiciu [o be issued: Amount: $0.00 ALTA Loan Policy Premittm: Tax: Proposed Insured: 2 . The state or interest is the land which is covered by this Commtment ic: FEE SIMPLE 3 . Title to the estate or interest is the lead is at the effective date hereof vested in: LAl7RA L. PRATT, AS HER SEPARATE ESTATB 4 . The land referred to in [his Commitment is described as follows; SEE ATTACKED LEGAL DESCRIPTION EXHIBIT ~/L7AC01IA/RG/ewe I~IflNI~III~~~V~l~~~ll~ll~ ~',~~~w,a ~ - O • CHICAGO T1TLE INSURANCE COMPANY A.L.T.A. COhIIrfTTMENT SCHEDULE A (Continued) Order No: 2001496 Your No.: Harr/avzoa roarrro.was LEGAL DESCRIPTION EXFIIHIT (Parsgraph 4 of ScheduleA continuation) PARCEL 8 OP BOUNDARY LING ADJUSTMENT NO. BLA-1054 AS ASCORDID APRZL 1, 1991 IN VOLUME 10 OP BOUNDARY LINE ADJUSTMENTS, PAGES 594 THROUGR 597 INCLUSIVE, UNDER AUDITOR'S PILfi NUMBER 9104020180, IN THUASTON COUNTY, WASHINGTON c~.-r~auyw~ryw~ 3331850 Page 18 of 35 a1118lz861 09~31H CITY OF YELt1 ORD X42.88 Thurston Co, UR s ~.. , CHICAGO TITLE lNSLRANCE COMPANY ALTA. COMIdiTMENT S~-~DU~ B OrderNo.: 2004496 Your No.: rays:/aarma naitrsvsmsa Schedule B of the policy or polies to be Tuned will contain e:cepfiaaa to the fallowing matters tmless the same ue dispoxd of to the satiatactioa of the Company. GENERAL EXCEPTIONS A Rights or claims of pubes is passessiaa not shown by the public records. B. Encroachments, overlap; boundary lice d'uptttes, or other matters whichwoald ba ditcloxd by u accurate survey and inspection of the premises. ~ C. Easements, or claims of easement:, mt :haws b7 the pubfie rerards. D. Any liw, or right to a Gen, for con[ributians to empbyee benefit fund; or [or oats wrorkcs' eompemuion, or for xrvicea, labor, or malarial heremfora or heroafter furnished, all as impoxd by law, sad not shown by the public records. E. Toes or spcdal asspsmeaU which are not shown as costing Gear by the public records. F. Any xrviee, imtaDation, coancetion, maintenance, tap, apaaty or construdioa charges tar sewer, water, electrir;ty, other ntilitie; or garbage collection sad disposal. G. Rescrvatioaa or ezeeptiom is patents or in Acts aothorixiag the issuance thereoF, Indian tnbal mdes ar regnlatioas, Indian treaty ar aboriginal rights, ioclodiag esxments or egniLbte servitudes. H. Watu righU, claim; or title to water. ' L Defects, Gcas, eacambraue; adverse claims or other matters, if nay, ereued, font appearing in the public records, or attaching subsequent to the eHee[ive due hereof but prior to the date the proposed insnrcd acqu'trw of record [or value the estate or intucst or mortgage thereaa covered by thi: CommitmeaL SPECIAL EXCEPTIONS FOLLOW w~rwcowa,awpvw s ,r CHICAGO TP17..E INSURANCE COMPANY A.L.TA. COMMITMENT SCHEDULE H (Continued) O. Eder No.: 002 0044 9 6 our ~.: SPECIAL EXCEPTIONS a 1. LIEN OF REAL ESTATB EXCISE SALHS TAX llPON ANY SALE OF SAID PREMISES, IF UNPAID. TAX RATE ~ 1.78i. • 2. DELINQUENT GENERAL TAXES: Yom; 1998 AMOUNT BILLED: $ 753.23 AMOUNT PAID: $ 358.13 AMOUNT DVE: $ 394.10, PLUS INTEREST AND PENALTY TAX ACCOUNT NUMBER: 64303b00303 LEVY CODE: 182 ASSESSED VALUE-LAND: $ 28,000.00 ASSESSED VALVE-IMPROVEMENTS: $ 15,700.00 NOTE: AMOUNT BILLED INCLUDES CERTIPIED PERSONAL PROPERTY AMOUNTS c 3. DELINQUENT GENERAL TAXES: YgAg; 1999 ' AMOUNT BILLED: $ 780.95 AMOUNT PAID: S -O- ~~ DUE: $ 780.95, PLUS INTEREST AND PENALTY TAX ACCOUNT NUMBER: 64303600302 L8VY CODE: 1B2 ASSESSED VALUE-LAND: $ 28,000.00 ASSESSED VALUB-IMPROVEMENTS: $ 15,700.00 NOTE: AMOUNT BILLED INCLUDES CER?IFIED PERSONAL PROPERTY AMOUNTS v 4. DELINQUENT GENERAL TAXES: YEAR: ~ 2000 AMOUNT BILLED: $ 789.54 AMOUNT PAID: $ -0- AMOUNT DUB: $ 789.74, PLUS INTEREST AND PENALTY TAX ACCOUNT NUMBER: 64303600302 LEVY CODE: 182 ASSESSED VALUE-LAND: $ 28,000.00 ASSESSED VALUE-IMPROVEMENTS: $ 15,700.00 NOTE: AMOUNT BILLED INCLUDES CERTIFIED PERSONAL PROPERTY AMOUNTS 4.TwO~M(7:ON~ 3331850 81g18128A1 09 31A CITY OF YELiI QRD X42.88 Thurston Co. UA ~ ~ CHICAGO T1T[.E INSURANCE COMPANY ALTA. COUNT SCHEDULE B ~c~~ocal Order 1`Ia: 2 0044 9 6 Yaur No.: n~rr~rvzoe imrzzwawss SPECLIL EXCEPTIONS a.r 5. THE PERSONAL PROPERTY TAX ACCOUNT F08 THB MOBILE HOM$ LOCATED THEREON SS 99900273200. ALL TAXES FOR THE YEARS 1999, 1999 AND 2000 HAVE BEEN CERTIPIED TO THE REAL PROPERTY TAX ACCOUNT NUMBER OF 64703600302. 6. THE MOBILE HOME OR MANUFACTURED NOME (AS DEFINED IN RCN 46.04.302) IACATED OR ?O BS LOCATED ON THE REAL PROPERTY DHSCRYHBD HEREIN IS SUBJECT TO LICENSING AND TITLE REGISTRATION BY THS DEPARTMENT OP MOTOR VEHZCLBS PURS[IANT TO RCN. 46.12.390. SAID MOBILH OR MANUFACTURED HOME IMPROVEMENTS HILL BB EXPRESSLY EXCHPTBD FROM THE LEGAL DESCRIPTION AND NOT INSURED 8Y IiiE POLICY UNLESS THE CERTIFICATE OF TITLE IS ELIMINATED AND 1T[$ MOBILE HDME IS CONVERTED TO REAL PROPERTY AS REQUIRED HY RCN 67.20. A MANUFACTURED HOME TITLE ELIMINATION APPLICATION SHOULD HH OBTAINED FROM THE DBPARTMENT OF LICENSING. THE APPLICATION MUST 8E SIGNED BY THE REGISTERED AND LEGAL OWNEEt3 OF THE MOBILE $OME, TAB OWNER OF THS LAND, THE CITY OR COUNTY BUILDING PERMIT OFPICR, APPROVED 8Y TAE DHPARTMENT OF LICENSING, AND RECORDED OR AVAILABLE FOR RECORDING. EVIDENCE MUST 8E SUBMITTED THAT PERSONAL PROPERTY TAXES ON THE MOBILE HOME HAVE BEEN PAID THROUGH THE CURRfi27'T YEAR AND PERSONAL PROPERTY TAXES FOR NEXT YEAR, IF SUBJECT TO ASSESSMENT, HAVE BEEN PAID. PLEASE CONTACT YOUR TITLE OFFICER IP THE MOBZI.E OR MANUFACTURED HOME IS NOT TO BS CONVERTED TO REAL PROPERTY. 7. ASSESSMENT: AMOUNT: INTEREST: ANNUAL INSTALLMENTS: INSTALLMENTS PAID: INSTALLMENTS DHLINQUBNT: NEXT INSTALLMENT DUE: NEXT INSTALLMENT AMOUNT: LEVIID BY: FOR: ACCOUNT NUMBER: S 49,225.05 6.2t 15 -0- -a- OCTOB£R 15, 2000 $ 6,199.84 INCLUDES INTEREST CLTY OF YELM CITY'S NASTEWATER REUSE PROJECT 64]03600302 aswouyww/aar 3331850 Thurslon~CoA9 R A CITY Of YEL11 ORO ~4z.88 EXHIBIT B Description of Properties to be Subject to and the Dollaz Amount of Assessments Allocable Thereto. 1. The Original Assessment Parcel owned by the Original Owner, being tax pazcel no. 64303600302, shall retain 14 Equivalent Residential Units ("ERUs") and shall remain liable for and subject to a principal assessment amount of $25,524.10. 2. The remaining 13 ERUs, and the remaining $23,700.95 principal balance of the total base assessment shall be transferred and relevied against the following described New Owner's real property, hereinafter referenced as the "New Owner's Parcel": Parcel A of Boundary Line Adjustment No. BLA 00-8260YL as recorded on September 21, 2000, under auditor's file no. 3314745, also described as follows: Lot 3 of City of Yelm Short Subdivision No. SHS-97-8187-YL as recorded September 16, 1997 under auditor's file no. 3109448, together with that portion of Parcel A of BLA-0309, as recorded October 25, 1985, under auditor's file no. 8510250041, described as follows: Beginning on the West line of said Parcel A at a point which bears South 00°46'01" West 352.02 feet from the Northwest corner of said Pazcel A; thence South 89°13'59" East 156.00 feet; thence South 00°46'01" West 354.00 feet; thence North 89°13'59" West 156.00 feet to said West line; thence along said West line North 00°46'01" East 354.00 feet to the point of beginning; being tax parcel no. 64303500504. 3. Attached hereto as "Attachment One" is evidence that the New Owner's Parcel has a market value of not less than the $23,700.95 assessment principal balance being transferred thereto under this Agreement. Exhibit B, 3331850 Page l of 1 Page ~ 1) of 35 81!18/2081 89~31R CITY OF YE1.11 ORQ (42.88 Thurston Co, UA ATTACHMENT ONE TO EXHIBIT B Evidence of Appraisal of Value of the New Owner's Parcel. 3331850 Page 18 of 35 A1!1812081 89~31A CITY OF Yin ORD 542.8A Thurston Co, UA PENTAGON VALUATION, Inc. "WE VALUE PUGET SOUND" 620 Vista Drive Tacoma, Washington 98165 Voice: 253•]05.097( Fox: 253-303-0974 ESTIMATED MARKET VALUE MIDDLE ROAD PLAT LOCATED AT ., 16422 MIDDLE ROAD SOUTHEAST YELM, WASHINGTON FOR MR. BEN KEMP VICE PRESIDENT FRONTIER BANK 332 SW EVERETT MALL WAY EVERETT, WASHINGTON BY DOYLE P. DEAN, MAI CERTIFIED GENERAL APPRAISER AND DAVID Ii. POLLOCK CERTIFIED GENERAL APPRAISER FILE NUMBER: 00-147 DATE OF VALUE: AUGUST 3, 2000 DATE OF REPORT: AUGUST 25, 2000 3331850 Page L9 of 35 91!18/2881 89~31R CITY Of YELtI ORO S4L.9B Thurston Coy 1!R ~O PENTAGON VALUATION, INC. "WE VALUE PUGET SOUND" August 25, 2000 M r r Mr. Ben Kernp Vice President Frontier l9attk 332 SW Everett Mall Way ~~ Everett, Washington Re: Estrtrlated Market Value of Meddle Road Plat Located at 16422 Middle Road Southeast, Yehn, Washingtoa 620 Villa Arive Tawny Wasttiagton 98x65 Voice: Z33-303.0971 Far: 233-305-0974 F'de Number 00-147 Dear Mr. Kemp: In accordance with your request, we Dave ittspectcd the above-tnetrt6otted property. which is legally described in this report for the purpose of estimating the market value thet+oo£ Within the attached report you will fired the data, the cakulatioas, and the concletsions upon which the final sstimate of value was based. . We certify that to the best of our knowledge tho information in this report iv cotrxt, that nothing relevant .has knowingly been withheld, and that we have no present or contemplated future interest in the subject property. This appraisal is intended to conform to the format recomrn«tdatior>s as set forth by the Appraisal Institute and to our interpretation of all applicable sections of T'rtle XI of the Financial Institutions Reform, Recovery, and Enforcerncnt Act of 1989 (FIRREA), the Office of the Comptroller of the Currcrtcy (OCC), the Board of Governors of ilte Federal Reserve System, the Federal Deposit Insurance Corporation (FDIC), the Office of Thrift Supervision {OTS), the National Credit Union Administration.(NCUA), the Resolution Trust Corporation (RTC), the Uniform Standards of Professional Appraisal Practice (LJSPAP), and Frontier Bank's policies and procedures for appraisal standards. The USPAP are recognized throughout the United States as genernlly accepted standards of appraisal practice. s~wum~~~~~iwuAN~ ;~.~, w iNr. Ben Kemp August 25, 2000 Page 2 It is our opinion, based on the information contained in thin report and outer information retained in otu files, that the estimated marltet value of the subject property is cancludod as follows: Estimated Value of Land 583,000 At Date of Lupection -August 3, 2000/Rsw Land with Plots aad $97,000 Preliminary Plat Approval At Compktian, Prior to Sell Out, SS 10,000 Assumed to be November 1, 2000 Estimated Retail Vehu of the 22 Single-Fanuly Residmttial Lots on Sfi60,000 Completion, Aawme to be November I, 2000 Said value estimates are based on the subject being completed im conformamce with plans and specifications reported to w and are subject to the attached Assumptions atsd Limitn~g Conditions. Based on the expressed apittion of value, the marketing period for the subject propa-ty is forecast !o be I 1 months as diseusscd within the attached repot. V~Y ~Y Yatra. PENTAGON VALUATION, INC. 1 ~P~.~ P. Dean, MAI 'fled General Appraiser David H. Po ook ' Cerificd General Appraiser DPD/DHP:dmk Attachtneets i 3331850 Page 21 of 35 8111$!2801 A9~31A CITY OF YELM ORD S4i?.88 Thurston Co, tJR ~:~I.i:s cohiPAiusorr APPxoncl-! The devebper indicates that he plans to construct homes in the S110.000 to 5125,000 price range. The bt price as a percentage of the sak price for residential market has generally been construed to represent 25% of the purchase price, which would indicate a value for the lots of 527,500 to 531,250. Based on the aforementioned, the estirrmted vahu for the subject's lots are 530,000 per lot. Such a value range interpolates into an overall vahx as follows: 22 Lots ®S30,000/iot = 5660,000 The estimated value for the subject's bts sold in bulk to one mcrcltartt builder is St-60,000. ~T ~~ PENTAGON VALUATION 1NC. ~(1-147 D August 25, 2000 c 14.13 m~~~i~~u~~i~~uR~~ ~.~u~o a EXHIBIT C Title Report Relative to the New Owner's Parcel. Exhibit C, 3331850 Page i of l Page ~ 24 of 35 81/1812881 A9~31A CITY OF YELM ORO X4,2.89 Thurston Co. UR =METROSCAN PROPERTY PROFILE' Thterston (WA} OWNERSHIP INFORMATION Parcel Number :6430 33 00304 S : 19 T : l7N R : 02E Q Owner : Yelm Property Developtnatt Llc CoOwnei Site Address :16422 Middle Rd SE Yelm 98597 Alai! Address: 21709 96Th Ave W Edmonds Wa 98020 Phone Owner Tenant SALES AND LOAN INFORMATION Transferred : 02!29!1000 Loan Amount Document k :3281295 Lander Sofa Prrce : S51,573 Fuil Loan type .: Decd Tjpe :warranty Eaci:re Tar Y ; 27as00 •rG Owned : i00 lnteresr Rare Yating Type ASSESSMENT AND TAX INFORMATION Land : 535,930 Esempt A'Pe Suxcmre 961erpraved Toea! :535,930 PrvTor Nbrhd Code :0506 Levy Code :170 Sub Area :6430 Mckeruta itrigsted Trs It100 Taro :5518.40 rPROPERTY DESCR[PTION~ 11 Census 0 Block :7 :Tracy: (24.0 Land Uss :11130 Res,Single Family Rcs,2.S 1-S Acres Property Use: 1 I - Single•Unit Prop Type : Mabib-Home - Legal :SECTION 19 TOWNSHIP l7 RANGE 2E PLAT MC KENNA IAR1G TRS LT3 ' : 55978187 03109448 BEING A PTN OF... Pro~ls-Page 1 of 3 . 1~ ~'; i'fr ~'~ Thy Infonnaiion Provided /s Drerd Reliahfe. e,e h Na Guvmn,eal -• ~ ~ _Lit•. /::' 3331850 page Z5 of 35 8111612881 89~31R CITY OF YEL11 ORD S42.ee Thurston Co, WR s METROSCAN PROPERTY PROFILE - Thrrrxton (WA) Parce! Y :6430 35 0030 7 l 1 1 i Bedroomr Barhroonu 4FirtrBUu 3FirrrBlus 1FIxtrBrhs ErrraFiztr Qua/i1y BldgCond Units A1rMrhod Hearrypel HearSrce I HeaeType2 HeatSrce2 Fireplace BldgUie 1turMarrl Sewer Type At1icSF Area Descrlptlon /. Z. 3. Extra Fizfures !. 2. 3. 4. 4 Bldg Y PROPERTY CHARACTERISTICS Year Bu11t Stories L1vingArea BsmnrTotSF BsmnfFnPd Caragelype Patio Porrh Pad Dent Type GrbgDispsl . S Dirhwarhn RongdOven lnrercorA : TrschCmpctr: Frarne7ype SplrchCad Water Src i f ~.~ !.' i. -F Lor Aces :3.46 La Sy Fr :ISD,71E Frontrtge Ylsw RooJMaM RaoJ5lrape WaBMatl WoBMat1 Foturdotn F1rCaver Yotvem Secta•ity FirtSpntlr Elevator Frontage fT: i I ProJ7lo-Poge 2 of 3 71w lnfw~on PraWd'd L Dermal 1Pe11abH. 11+Y L Na Gu~annrd k 3331850 Page ~6 of 35 91/132881 89~31A CITY OF YELM ORO 52.99 Thurston Co, UA ~'' ~ ~bar~er ~'ikie ~orporaki~n 26117 IrtART1N WAY H.lJ171 oLYe~tw, ww es5o6 (360) 357-'7067 FAX {360) 337-3541 Judy-Fronlicr Bsok (425) 514-0811 Eacrose Na: OU- Order !{tt: 986397 ' Seisr: Suyf/[30ftOWST: Y6Li1 P30Pi817 DYY. SUPPLEi1E7fTAL TRLE RE90RT MO. 1 The ldbwkp matters .treat ttte property covered M this «dsr. f 1 Osad dated and reo«dsd ~1as fie No. 11 Cortltact dated and rec«ded as fie Na - 1 { NWrtgge detail and rao«dad ss the Na j 1 - Dead of Trust dated and ncwded es tW ~• I> S 7 Poacy b being Issued h ecoordence miM Your inatnretiom. (1 p~ inepsttiort of ttis premises on dlacloees: 7._ Paragraph No. 7 of our Special Bxcaptiona ie mr deleted. ~ , Z. Lto•Pti: The Maoulactured Home, i! say, located oa !ha land drucribed herein is mt claeeified ao zeal estate pureuaat to R(.11 iS.2o and rill be expressly excluded lronr the oovarega of the Policy to issue. i lX1 Except as to the matters reported hereinebove, the title to tM property covered by this order hea NOT ; bean reaxertinCd. (17hsn has been no durga in lha liW to 1M property aovarad by this «dr sines EXCEPT the mettars noted herelnsbaw. i Detail ae of Ottcber 13. 2000 Charter Title Corpora . ~' 1 trt4orized si,~ttatoty r e... I 3331850 Page P7 0£ 35 0111812881 A9~31R CITY CF YELI1 ORD 342.68 Thurston Co, 1dA t~wrldelrT >'ols Tate wweAUCs ac~leoul~ ~- 1. EIIaaWa Dates aepcub,r 2S, 2000 You- Mo.: i Our llo: CTC - !96397 i 2 Peiley or PoRclw /o ba iasuad: ALTA 11992? 1 1 O+wrfa I 1 ~aohawe'a Awrna~ts $ 1 1 st.ad.rd t 1 extandad Fr«nrrM: a Aropoud Naurad: Tan: a 8 ALTA i199y t..n 11 staud.rd 1X1 e~e«wiw Anwunt: $ +oo,ooo.oo Ba-Orq haeiMran $ 570.00 Hopoaad Ywrad: Tau: S a5, so Frontier Bent a 618.60 3. Tha ..tar w InN.wt b ri laved daw~ad Ia di C«wNt~t h: i ~ Pse Siaple 4. Tfua is V» aetaM w btaaa in said Ird la at Un aMaadra data lMraof rasW In: Yale eroparcy Drraloprat, L.L.C. a to that portion lying viehin Paraal 11 of BLA-0709 and Midstata Bank u to tiu rsaindar. 6. TM land ralwrad to h /hM CorrwYUanM Ia dMOriMad w IoNovrr. 7'88 S7:ALT LBIUL D¢6Ct2FTIOM IB 11TlJILZ~9 BSRBiO A8 A®IBIT •A• WfD BY lSP~ICS j 77!®tSSO -AD! A VJ1RT OF ~8 DOCO!®i!. l ,~~~ <-u i~nr 1sabM HwM. Tide Oi6cx i~~~u~m~~ui~~u~uiw ~~b~~a EXHIYIT A LEGAL 0lSCfllFT1OM FOR: CTC - 986]99 Paresl ]I o! 9o~mdary L1AS lldjwtwst Eia. 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GL, 9J ~ o '~. ~bti~ x 8 b Pz Ie ID ~'s~i6na~-•" f- I AGREEMENT WAIVER OF PROTEST ANI] SPECIAL POWER OF ATTORNEY (LID/ULl D/LATECOMER) THIS INSTRUMENT is entered into this 2~~ day of y , 2000, by and between the C[TY OF YELM, a municipal corporation, hereinafter referred to as the "CITY,' and t~oPm~rl~ . 1--~ e hereinafter referred to as the "OWNER." WITNESSETH: WHEREAS, the OWNER holds record title to the following described property located within Thurston County, Washington: ' LOT 3 OF THURSTON COUNTY SHORT SUBDIVISION NO. SS978187YL AS RECORDED SEPTEMBER 16, 1997 UNDER AUDITORS FILE N0.3109448. ALSO, LOT A OF BLA-0309, RECORDED OCTOBER 25, 1985 UNDER AUDITOR'S FILE NO. 8510250041, RECORDS OF THURSTON COUNTY, WASHINGTON and WHEREAS, the CITY has required as a condition of approval of the OWNER's site d plaNsubdivision for said property that the OWNER participate in the construction of certain =~ utllitles and/or street improvements as they directly relate to said property and the OWNER ~ o m a desires that said requirement tie delayed until projects are formulated for the joint participation ham, of other affected owners. '~ T d NOW, THEREFORE, IT IS HEREBY AGREED BETWEEN THE PARTIES as follows: c~a ~~ 1. The CITY will delay its requirement for the immediate participation by the ~-~ OWNER in the construction of certain utilities and/or street improvements, subject to the ~~ conditions set forth hereinafter. ~~~ ..~~ 2. The OWNER will financially participate in the following utility and/or street ~~ ~.. projects on an equitable basis with other affected property owners: ~~ ~~ Sanitary sewer system improvements; Water system improvements; ~~ ~ X Storm water system improvements; ~ ~ X Street improvements; °~ ~~} ~~~- CITY OFYELM dslcbfffcelplendept.oclagreermtlid ~9g 1 ~' --- -_-_ 3314747 3314748 3P 891/2888 84 l/2B8~A4~4P .~ ~ .. CITY .OE .YB.f!-__ .._ POA... SS ;A8_ Thurst II~LDF_YELIi .. . -. __..-..i1I.`?G.-;~1 B8 Thurston Co,_,: __ X Street lighting improvements; X Sidewalk improvements; Other which improvements are more specifically described as follows: Nalf street improvements along property frontage on Middle Road. Improvements will comply with Neighbofiood Collector Street Standard. 3. The OWNER hereby waives all rights to protest against future Local Improvement District (L1D), Utility Local Improvement District (ULID), or Latecomer Ordinance and Agreement proceedings for the construction of said improvements described in Section 2 herein. For purposes of this Instrument, "rights of protest° shall mean only those fom~al rights to protest contained within the L1D, ULID or Latecomer Ordinance and Agreement statutes, except, however, nothing herein shall constitute a waiver by the OWNER or the OWNER's heirs, assigns or successors in interest, of the right t object to the OWNER's individual assessment amount or latecomer charge or to appeal to the Superior Court the decision of the Council affirming the final assessment roll or latecomer ordinance and agn:ement, which rights are specifically preserved. 4. The OWNER hereby grants and conveys to the City Engineer of the City of Yelm, or his successor in interest or designee, a Special Power of Attomey to exercise any and all rights of the OWNER, including any purchasers, mortgage holders, Ilen holders or other person who may claim an interest in the property described herein above, to accomplish the following: At such time as a Local Improvement District, Utility Local Improvement District, or Latecomer Ordinance and Agreement is proposed that would cause said improvements to be ' ~ , made available to the OWNER s property described herein above, th execute a Petition on ~~ m~ behalf of the OWNER for the creation so such LID, ULID or Latecomer Ordinance and tiM m" Agreement. This special Power of Attomey is granted in consideration of the CITY executing ~ ~ ~ this Instrument, and shall be a power coupled with an interest which may not be terminated. ~`~ ~ This Specal Power of Attomey shall not be affected by the disability of the OWNER. _ ~°' m 5. If the OWNER fails to perform in good faith in accordance with this Instrument, it a-~ _ is agreed tha# the CITY may discontinue utility service to the property described herein, after ~~ giving 20 days notice thereof and an opportunity for hearing thereon, or may pursue other equitable or legal rEmedies. A ~~¢ f7 ~ ~ C 6. The OWNER hereby dedares that ~(n1 !n(~ / ~t, - - are the sole owners} of the property described herein and haslhave fu po er to commis said ~~ property to this Agreement, Waiver of Protest and Special Power of Attomey. ~~ 7. This Instrument constitutes a covenant running with the land and shall be finding ~_ on all heirs, assigns, transferees, and successors in interest. ~~ ~~ ~ ~ CITY OF YELM _ ` dsl~lofAoelplandeptcciagraemnt.Ild p~ y ~ .-_ 334747 3314748 Page 3 of 4 Page 3 0£ 4 1991'c11c'B86 84~1:,P 69I21~2~9 @4~14P ~__CIJY_.OF_ YEL t1_-- ---__-. - . I1ISC ...61 .88 TFxrston Co. UA_, ,_s rl~ot-_~ ..._ ._ PSI __. se.ee _ T}~rsta~ Co, iaA 8. For purposes of RCW 35.43.182, and any L!D or UL1D thereunder, the effective term of this Instrument shall be a period of ten years from the date hereof. For purposes of RCW 35.72 and RCW 35.91, and any Latecomer Ordinance and Agreement thereunder, the effective term of this instrument shall be a period of fifteen years from the date such an Ordinance and Agreement becomes effective. IN WITNESS WHEREOF the parties hereto have caused this Instrument to be executed the day and year first herein above written. CITY OF YELM By: City A minis or STATE OF WASHINGTON } OWNER ss. COUNTY OF Tf/ZC~57'~} r On thisA~~ ~ day of , 20~., petsona{ly appeared before me sL 6t~'D , to me known to be the individual(s) and/or corporate officers described in and who executed the within and foregoing instrument and acknowledged that signed the same as ~_ free and voluntary act and deed on behalf of themselves or as corporate officers of the named corporation with the full authority, for the uses and purposes herein mentioned. _ ~~ ~f':. SPA ~~`'1, 1/ O ~`yg10N ~ ~~' ~I+ tyOTAAy p~' f~/ ~~~~~- .,, .. CITY OF YELM dslcbflloelplandept.cclagroemnt.lld Notary Public in and for the State of Washington, residing at My commission expires: -l-D3 Page 3 °s ~~ Gf ~-- @ o a~m~ ~~~~ ~N ~ d N L @7a ~~ ~~m m ~~ ~.. ~~ ~~ ~_ ....~.. ~~ ~~ ~-'- NOW, THEREFORE, in consideration of the above recitals and the mutual promises and covenants below, the District and the Developer agree as follows: 1. The Developer acknowledges and agrees that there is a direct impact on the District as a result of the Developer's Project and that this Agreement is necessary as a result of that impact. 2. The Developer acknowledges and agrees that in order to mitigate the direct impact of the Project, the Developer has offered to pay the District the following sum of money: One Thousand Four Hundred Twenty Five Dollars ($1,425.00) for each lot in the subdivision or the total sum of Thirty One Thousand Three Hundred Fifty dollars ($31,350.00) (the "Mitigation Payment"} for the 22 lots of the subdivision. 3. Any extension, renewal, modification or amendment to the Project that results in an adjustment in the number of lots shall result in a corresponding pro rata adjustment in the Mitigation Payment. 4. The Developer agrees that the payment of the full Mitigation Payment (in the amount of One Thousand Four Hundred Twenty Five dollars ($1,425.00) per lot or Thirty One Thousand Three Hundred Fifty dollars ($31,350.00) for the project, shall be a condition of building permit issuance and shall be made prior to or at the time of building permit issuance for construction on a lot. Should the Developer sell portions of the development to contractors or other individuals, the Developer will be responsible for notifying the buyer of this ritigation agreement and will notify the District of the sale, providing the name and address of the new buyer. 5. The District agrees to .record this Agreement after tt has been executed by the parties. 6. The Developer acknowledges and agrees that the Mitigation Payment is authorized to be used for capital improvements to the following facilities: Southworth Elementary School, Mill Pond Intermediate School, Yelm Middle School, and/or Yelm High School and/or any other facilities chat may be affected by the Project and/or the purchase of portable facilities and/or school buses. 7. The Developer agrees that the District has five (5) years from the payment date to spend the Mitigation Payment for the capital improvements or expenditures described in paragraph 6. In the event that the Mitigation Payment is not expended within those five years, the moneys will be refunded with interest at the rate applied to judgments to the property owners of record at the time of refund; however, if the Mitigation Payment is not expended w-th-n five years due to delay which is attributable to the Developer, the Payment shall be refunded without interest. 8. The Developer waives and relinquishes its right to protest or challenge the payment of the Mitigation Payment pursuant to this Agreement and hereby covenants and undertakes that it forever refrains and desists from instituting, asserting, filing or bringing any lawsuit, litigation, claim, or challenge or proceeding to challenge this Agreement, claim any repayment or reimbursement of funds, performance or improvements provided for therein, or any of its terms and conditions, on any ground or basis whatsoever. 9. The District hereby waives any objection to the Project as presently proposed. 10. The District and the Developer agree that the Mitigation Payment will be full and complete mitigation for the impact of the Project as presently proposed on the District. 1 1. This Agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors, and assigns of both of the Developer and the District. 12. If an action must be brought to enforce the terms of this Agreement, such action shall be brought in Thurston County Superior Court. The prevailing party shall be entitled to payment of its costs and reasonable attorneys' feea. 13. This Agreement constitutes the entire agreement between the parties and any other agreement either written or oral shall be null and void. 33 62785 Pagan 2 of 3 a?re2raal es ~ asA YFI n !]lnniiNiTY SCwYtt.s A6R 318.6a Thurston Co, L1R EXHIBIT A LEGAL DESCRIPTION General Location _16337 Cascadian Ave. SE Section 12 Township ~7_N_ Range 2E Land Area Tax Parce] Number: 6430350004, 643035004(}0 ~ Description: Subdivision of 22 sinsle family buildi YELM COM//MUNITY SCHOOLS DISTRICT NO. 2 DATED: V - ~ 7 ' 0 ~ y "- ~~`-~. By: Alan Burke - Its Superintendent STATE OF WASHINGTON ) ASS COUNTY OF THURSTON ) I certify that I know or have satisfactory evidence that Alan Burke is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it a,5 the Superintendent of the Yelm Community Schools District No. 2 to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument: GIVEN under my hand and official seal this ~f_~day of .C1•~r~t~.i-tom ` /2001 '~ •'~ ~'•r©- NOTAR PU C in and f the Stat of '"` ::~~~"~,.~;,~~~~= Q.• Washington, r siding a ,c :~tiyti_ _ '~? ~ ' ~ '• ~%' " - 1VSy Commission Expires: ~ DATED: ~ - 27- 2 00 1 ~• m • ~JwL~ c.~ ma.•a~tP~. By: Dennis Balascio Its m.,,nt ,j-~ STATE OF WASHINGTON ) )SS. COUNTY OF THURSTON ) I certify that I know or have satisfactory evidence that Dennis Balascio is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the applicant for this subdivision to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. GIVEN under my hand and official seal this ~Z day of / t_y-+~-~ , 2001 NOTA Y P~ LIC in and f r the State of .~~:• .~RS~•' -••`' ~• Washington, residing a ~L ~" _ _~~a`v"-~~'~•• My Commission Expires: -" •o %r:~'~ •'j'*t`~~ 3362785 • ~~~•~;;:~„;;; s,•,,`,.~ 8,,,~~92IZ6R1 e3 46R vF~ n filMriuNiTY SCHrlOLS R6R ste.aa Thurston Co, WR Return Address City of Yelm Cathie Carlson PO Box 479 Yelm, WA 98597 Document title(s) (or transactions contained therein}: 1. Declaration of Covenants, Conditions and Restriction of Willow Glenn 2. 3. Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Yelm Property Development, LLC 2. Willow Glenn Subdivision 3. Grantee{s) (Last name, first name, middle initial) 1. The Public 2. Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) NE 1/4 of the SE 1/4 of Section 19, Township 17 N, Range 2 East ^ Additional legal is on page _ of document Assessor's Property Tas ParcellAccount Number: 64303500504 i~~n~~~iw~~~~~~n~i~ ;~~~~wE. DECLARATION OF COVENANTS, CONDITIONS AND RESTR1t:TIONS OF WILLOW GLENN The undersigned, Yelm Property Development, LLC, a Washington limited liability company, whose managing member currently is Dennis M. Balascio, hereinafter Declarant, being the owner of all of the following described real property in Thurston County Washington: Legal Description: Parcel A of Boundary Line Adjustment No. BLA00-8260YL as recorded on September 21, 2000 under Auditor's File No. 3314745, records of Thurston County, Washington. in order to pror•ide for the sound development, the aesthetic quality and the healthful condition of the aforesaid property and such additions thereto as may hereafter be brought within the jurisdiction of the Association, and so as tb provide for control of the structures, buildings and improvements to be constructed on the property, do hereby covenant for their successors, heirs and assigns, and al,~ree to keep all of the covenants, conditions and restrictions hereinafter set forth and which are hereby made applicable to the afore described real property, and which shall be binding upon the owners thereof to the extent provided in such covenants, and all the property shall be owned, held, used. occupied and de~~eloped in conformance with the covenants, conditions, and restrictions set forth herein. ARTICLE ONE: DEFINITIONS For purposes of the Declaration, Articles of Incorporations and Bylaws of the Association certain words and pleases have particular meanings which are as follows: 1. '`ACC" shall mean the Architectural Control Committee, as described in this Agreement. 2. `'Articles" shall mean the Association's articles of incorporation and any amendments. 3. "Association" shall mean the Willow Glenn Homeowners' Association formed as a nun-profit corporation for the purpose of administering this Declaration. 4. "Board" or "Board of D irectors" shall mean the Board of Directors of the Association. 5. "Bylaws" shall mean the Association's Bylaws and any amendments. `'Common Areas" shall include but not be limited to tracts A, B and C as delineated on Willow Glenn. Common Areas shall also mean the property both real and iiiin~ii~~~ii~~i~iii~~uiii~i~u~ ~ ~a~15ep,F personal in which the Association has been granted an ownership interest, easement or right of control by any written instrument including this Declaration or by delineation and declaration of the same on the plat map recorded as referred to above. 7. "Declaration" shall mean this Declaration of Protective Covenants, Conditions and Restrictions, and any amendments thereto. "Developer-Declarant" The Developer and Declarant shall mean Yelm Property Development, LCC, a Washington limited liability company, however, developer shall also include any entity which purchases multiple lots from Yelm Property Development LCC for the purposes of constructing residences thereon. Until such time as Yelm Property Development, LLC or any other entity purchasing multiple lots has sold all the lots by chat party then such party shall jointly exercise all rights reserved to the declarant as set forth in this declaration. At any time as such party has sold or conveyed all the lots held by that entity, then that party shall no loner be considered a Developer or Declarant. 9. "Development Period" shall mean the period of time from the date of recording of this Declaration until l 80 days after the date upon which 100 percent of the lots have been sold by the developer or any shorter period of time as determined by the developer. A partial delegation of authority by the Developer of any of the management duties described in this Declaration shall not terminate the development period. In the event any loans with respect to any of the lots are insured through the Federal Housing Administration (FHA), the Veterans' Administration (VA), the Federal National Mortgage Association (FNMA), and the Federal Home Loan Mortgage corporation, then in that event, the development period shall terminate at such time as 75% of all the lots have been closed and sold to other than builders. 10. "Housing Unit" shall mean the building occupying a lot. 11. '`institutional First Mortgagee" or "mortgagee" shall mean a bank or savings and loan association or established mortgage company, or other entity chartered under Federal or State laws, and corporation or insurance company or state or federal agency which holds a first note or deed of trust against a Lot or Housing Unit thereon. 12. "Lot'' shall initially refer to one of the Lots located in the Real Property described in the Plat of Willow Glenn. 13. "Member" shall mean every person or entity that holds a membership in the Association. l4. ``Mortgage" shaft mean a mortgage or deed of trust encumbering a lot or other portion of the Properties. 15. "Owner" shall mean the recorded Owner of a Lot whether one or more persons or entities, but excluding those having such interests merely as security. Areal estate contract purchaser shall be deemed the Owner. 16. `'Person" shall mean a natural person, a corporation, a partnership, trustee or other legal entity. 17. "Real Property" that is subject to this declaration is legally described as lot 1 through 22 of tiVillow Glenn, and such other additional real property as may be brought within the jurisdiction of the Association by amendments to this declaration. 18. "Sale" or `'Sold" shall mean the date upon which ownership of a Lot is transferred fiom an Owner to another person or entity by recordation of an instrument of transfer such as a deed or real estate contract. ARTICLE TWO: MANAGEMENT OF COMMON AREAS AND ENFORCEMENT OF DECLARATION Section One: Development Period. During the development period the Declarant Willow Glenn shall appoint the sole director of the Association. The Declarant may also appoint members of the Association to other committees or positions in the Association as the Declarant deems appropriate to serve at the Declarant's discretion and may assign responsibilities, privileges and duties to the Members as the Declarant determines for such time as the Declarant determines. Any member appointed by the Declarant during the development period may be dismissed at the Declarant's discretion. The Declarant shall also appoint members to the Architectural Control Committee. At such time as the Declarant has sold and conveyed all lots. then the Declarant, or its members, may resign as a director of the Association and from any other committee for the duration of the development. At such time as the Declarant has sold and conveyed all lots then any Developer as defined in the Agreement for the duration of the development period shall be entitled to appoint a director to the Association as well as a Member to the Architectural Control Committee. Section Two: Pumose of Development Period. The Developer's control of the Association during the Development Period is established in order to ensure that the Properties and the Association will be adequately administered in the initial phases of development, ensure an orderly transition of Association operations, and to facilitate the Developers completion of construction of Housing Units. Section Three• Authority of Association After Development Period. At the expiration of~ Developer's management authority the Association shall have the authority and obligation to manage and administer the Common Areas and to enforce this Declaration. Such authority shall include all authority provided fur in the Association's uiiii~iiu~ii~iiAiiuiiuui~i~i~ii~uii ~;~~mW. Artickes, Bylaws, rules and regulations and this Declaration. The Association shall also have the authority and obligation to manage and administer the activities of the ACC in its responsibilities as described in this agreement. Section Four: Delegation of Authority. The Board of Directors or the Developer may delegate any of its managerial duties, powers or functions to any person, firm or corporation. The Board and the Developer shall not be liable for any breach of duty, negligence, omission, intentional act or improper exercise by a person ~vho is delegated any duty, power or function by the Board of Directors or the Developer. Section Five: Termination of Deve]opment. Upon termination of the development period, the Declara~lt, or in the event the Declarer has resigned as a director of the association, then the Developer, in accordance with the bylaws, shall conduct by mail, an election of a buard of directors who shall then act in accordance and in connection with the terms and provisions of the articles of incorporation, bylaws and this Declaration. However, in the alternative, not less than ten {10) nor more that thirty (30) days prior to the termination of the development period, the Declarant, or any Developers who then constitute the board, may give written notice of termination of the development period to the owner of each lot. Said notice shall specify the date when the development period will terminate and that at such time a meeting of the Members shall be called in accordance with the bylaws at which time Members shall then elect directors in accordance with the terms and provisions of the articles of incorporation, bylaws and this Declaration. ARTICLE THREE: IVIEMBERSHIP Every person or entity who is an Owner of any Lot a~•ees t:o be a Member of the Association by acceptance of a deed for such Lot. Membership may not be separated from ownership of any Lot. All Members shall have rights and duties as specified in this Declaration, and in the Articles and Bylaws ofthe Association. ARTICLE FOUR: VOTING RIGHTS Members shall be entitled to one vote for each Lot owned. No more than one vote shall be cast with respect to any Lot. The voting rights of any Member may be suspended as provided in the Declaration, or the Articles or Bylaws of the Association. Member's votes may be solicited and tabulated by mail or facsimile. ARTICLE FIVE: DEED AND DEDICATION OF COi1M-ION AREAS Section One: Conveyance of Common Areas: Upon recording of this Declaration, the Declarant does hereby convey and transfer all of its right, title and interest in and to Tracts A, B and C, as shown on the plat of Wilfow Glenn, to the Willow Glenn Homeowners Association. The Declarant, however, reserves for the benefit of the Declarant, its successors and assigns, those certain rights of use, ingress, egress, occupation and control indicated elsetivhere in this Declaration for the duration of the i~~~i~~Ni~m~n~ni~~m~ ~TMe~'e~~• development, at which time this reservation shall cease and then be of no further force and effect. These tracts and any other real properties and improvements which are described herein are referred to as the `'Common Areas'' together with any easements which are for the benefit of the Association or iVlembers which are also defined as being "Common Areas" under the terms of this declaration. Section Two: Property Rights in Common Areas: The Association shall have the right and obligation to maintain improvements, vegetation, signage and utilities in and on all common areas, including the maintenance of the storm water system. The Association shall have the exclusive right to use and manage the common areas in a manner consistent with the plat, this Declaration, the Articles and the bylaws of the Association. ARTICLE S1X: MAINTENANCE AND COMMON EYPENSES Section One: Standard of Maintenance -Common Areas. The Association shall maintain the Common Areas in a manner consistent with good building and nursery practices, and incompliance with all applicable codes and regulations. Together with all easements which are for the benefit of all lot owners, the Common Areas include but are not limited to the following: A. Tract A, B and C are open space/storm water retention tracts described in and shown on the Plat of Willow Glenn. B. All easements which have been established for the benefit of lot owners or the Association, or which may be delineated on the plat of Willow Glenn; such easements are reserved for the benefit of all lot owners as well as easements that are reserved for the benefit of the Association for the purpose of the installation, maintenance, and repairing of any improvements of any other installations constructed within said easement areas. Section Two• Standard of Maintenance -Lots and Planting Strips. Each Lot Owner hereby covenants and agrees to maintain his respective Lot (including as a part of said Lot the Planting Strip located between the street and the sidewalk adjacent to the Owner's respective Lot, if any) and the Housing Unit located thereon ui the same condition as a reasonably prudent homeowner would maintain his own home so that the Real Property will reflect a high pride of ownership. Each Lot Owner shall perform at the Lot Owner's expense the maintenance and upkeep of any drainage swales and/or underground drain lines and catch basins installed on their Lot. Section Three: Remedies for Failure to Maintain. If any Lot Owner shall fail to conduct maintenance on this Lot or the exterior of the Housing Unit located thereon, or fails to maintain the Lot and the exterior of the Housing Unit in the same condition as a reasonably prudent homeowner, or in a manner which preserves the drainage for other Lots, the Association shall notify the Lot Owner in writing of the maintenance required. If the maintenance is not performed within thirty (30) days of the day notice is delivered, the Association sha1111ave the right to provide such maintenance, ii~m~n~uii~~~u~i~iiNinia~~ai~ a~~,~~~w~ and to levy an assessment against the non-performing Lot Owner and his Lot for the cost of providing the maintena~tce. The assessment shall constitute a lien against the Lot owned by the non-performing Lot Owner and may be collected and foreclosed in the same manner as any other delinyuent monthly ur special assessment. The Association shall have all remedies for collection as provided in the Declaration. In the event that emergency repairs are needed to correct a condition on a Lot which pose a substantial risk of injury or significant property damage to others, the Association may immediately perform such repairs as may be necessary after the Association has attempted to give notice to the Lot Owner of the repairs necessary. Such notice in emergency circumstances shall be sufficient if attempted orally or in writing immediately prior to the Association's undertaking the necessary repairs. Emergency repairs performed by the Association, if not paid for by the Lot Owner, may be collected by the Association in the manner provided for herein, notwithstanding the failure of the Association to give the Lot Owner the thirty (3fl) day notice. "Section Four: Common Expense. The Association shall perform such work as is necessary to carry out the duties described in this Declaratiod, and shall delegate the responsibility for management and supervision of such work to the Board, the ACC or to a manager or agent hired by the Board for the purpose of such management and supervision. Expenses for such work shall be paid by the Association for the benefit of all Lot owners and shall be referred to as common Expenses. The common Expenses shall be paid by the Association from funds collected from assessments paid by Lot Owners. The Common Expenses shall include, but shall not be limited to, the following: 1. The real property taxes levied upon the Association for the common Areas; 2. The cost of maintaining all required insurance coverage and fidelity bonds on any common Areas, and for directors and officers of the Association and the ACC; 3. The cost of maintaining, repairing and replacing all Common Area improvements; the storni water system within the Plat, signs, perimeter fencing, if any, constructed by Declarant, and plantings and landscaping situated on any planting strips which are located between the edge of any sidewalk and the curb of any roadway within the Plat, if the same are not maintained by applicable governmental jurisdictions. The cost of maintenance of all landscaping along easement boundaries which are adjacent to residential lots, including but not limited to the storm water facilities and the stone water facility easement. 4. The Association shall also assume, pay and be responsible to maintain the storm water facilities and to implement a pollution source control plan according to the terms of an Agreement to be executed between the City of Yelm and the Declarant. iiiiruin~u~Niiiii~iu~iiii~ii~iiii a36a;,=er 5. Any other expense which shall be designated as a Conunon Expense in the Declaration, in its Exhibits, or from time to time by the Association. Section Five: Sanctions for Failure to Maintain. In the event the Association or its successors, in the judgement of the City of Yelm, fails to maintain drainage facilities within the plat, or if the Association or its successors willfully or accidental ly reduces the capacity of the drainage system or renders any part of the drainage system unusable, the Association or its successors agree to the following remedy: After thirty (30) days notice by registered mail to the Association or successors, the City of Ye1m may correct the problem or maintain facilities as necessary to restore the full design capacity of the drainage system. The City of Yelm will bill the Association or successors for all costs associated with the engineering and construction of the remedial work. The City of Yelm may charge interest as allowed by law from the date of completion of construction. The City of Yelm will place a lien on all of the property of the Association and/or lots within the Plat of Willow Glenn for payments in arrears. Costs or fees incurred by the City of Yelm, should legal action be required to collect such payments, shall be borne by the Association or successors. Section Six: Extraordinary Use Expenses. In the event that one or more lot owners should, by their use of the common areas, cause it to be subjected to other than reasonable wear and tear, or by their actions damage those common areas or any improvements located thereon or therein, then the individual subjecting the common area to such use shall have the obligation to repair such damage, upon demand by the Association, and to restore such common area to the condition that existed prior to such use or action, and all expenses therefore shall be paid by such individual. Section Seven: Owners' Easements of EnioYment. Each owner shall have aright in an easement of enjoyment in and to the common areas which shall be appurtenant to and shall pass with title (or, if applicable, with the equitable title held by real estate contract purchaser} to every lot, subject to the following provisions: A. 1~he right of the Declarant or the Association to establish use and operation standards for all common areas, to be binding upon all Association Members along with enforcement standards. B. The right of the Declarant (during the development period) or the Association (after the development period) to dedicate or transfer a!1 or any part of the common areas to any public agency, authority or entity for such purposes and subject to such conditions as the Declarant or Members, as applicable, may deem appropriate. After the development period, no such dedication or transfer shall be effective unless the instrument agreeing to such dedication or transfer is signed by owners of two thirds of the lots. and has been recorded. uiiiiiiui~iiuiauii~iiuu~iiii~iiiwu~ a=~~~~~yM C. Any owner may delegate their right of enjoyment to the common areas and facilities to the members of their family, their tenants, or their guests, subject to the limitations set forth above. Section Eiuht. Insurance. Nothing shall be done or kept in any common areas which will increase the rate of insurance on the common areas or other lots or improvements without the prior written consent of the board. Nothing shall be kept in any common area which will result in cancellation of insurance on any part of the common areas or which would be in violation of any laws or ordinances. Section Nine. Alteration of Common Areas and Common Maintenance Areas. Nothing shall be altered or constructed in, or removed from any common maintenance areas or common area except upon prior written consent of the board. There shall be no construction of any kind.with~n the common areas except that community improvements may be constructed if two-thirds of the Members of the Association authorize (t) the construction of such improvements, and (2} assessment for such improvements. Also, any such improvements would be subject to the acquisition of all required permits from governmental agencies. This Section shall not limit or prohibit Declarant (and no member's consent shall be necessary), during the development period, from constructing or altering any such improvements to any common areas or any common maintenance area, which Declarant in Declarant's sole discretion, deems For the benefit and enhancement ol'said areas and the Association in general. Section Ten: Dum in in Common Areas, Common Maintenance Areas or Wetland and Buffer Areas. No trash, construction debris, or waste, plant or grass clippings or other debris of any kind, nor any hazardous waste, (as defined in federal, state or local law regulation) shall be dumped, deposited or placed on any common areas, common maintenance areas or easements. The Declarant (during the Development Period) and the Board thereafter, shall retain the rights for enforcement and initiation of penalties for violations of this policy. Section Eleven Landscaping and Fencink. No permanent structures or landscaping of any kind, including fences, walls or shrubs, may be built or placed within any right of way easements or other easements as delineated on the plat except as deemed appropriate by the board. This prohibition shall not apply to the landscaping and any improvements in the common maintenance areas installed by the Declarant, nor shall this Section prohibit the Association from installing additional improvements or landscaping within the designated common areas or common maintenance areas, nor shall this section prohibit the installation of fences as may be otherwise allowed in this Declaration, nor shall this section prohibit the installation of landscaping on private lot areas encumbered by utility easements nut otherwise restricted in the Declaration. Also, this prohibition shall flI~II~III~IIIIU~IWIV~~~IU~IVlllll ;~;~.~'~~~. not apply to landscaping of front or side yards of lots extending to the edge of the curb or sidewalk and the public right of way. Section "T"welve: Management. Each owner expressly covenants that the Declarant (during the development period) and the board thereafter, may delegate all or any portion of management authority to a managing agent, manager or officer of'the Association and may enter into such management contracts or other service contracts to provide for the maintenance of the common areas and common maintenance areas and any portion thereof. Any management agreement or employment agreement for maintenance or management may be terminable by the Association without cause upon not more than ninety (90) days written notice thereof. (However, this shall not be applicable if the management agreement provides for any other specific termination.) The term of any such agreement shall not exceed on year, renewable by Agreement of the parties for successive periods of up to three years each. Each owner is bound to observe the terms and conditions of any management agreement or employment contract, all of which shall be made available for inspection by any owner upon request. Any fees or salary applicable to any such management employment or service agreement shall be assessed to each owner. ARTICLE SEVEN: ASSESSMENTS Section One: Covenants for Maintenance Assessments. (a) Declarant, for each Lot owned by it, agrees, and each Owner of a lot by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other conveyance, is deemed to agree to pay to the Association annual or other regular assessments. (b} The annual or other regular and special assessments, together with interest, costs and reasonable attorney's fees, shall be a charge and a continuing lien on the Lot against which each such assessment is made. The Association, in like manner as Mortgage of real property, may foreclose such lien. (c) Each assessment, together with interest, costs, and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of the Lot assessed at the time the assessment fell due. The personal obligation shall not pass to the Owner's successors-in-interest unless e:cpressly assumed by them. The ne~v Owner shall be personally liable for assessments that become due on and after the date of sale or transfer. (d) Unless otherwise provided for in this Declaration, no lot owned by a Declarant shall be subject to any annual or other assessments. Section Two: Purpose of Assessments. The assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety and welfare of the residents of the property, including the improvement, repair and maintenance of the Common Areas and the services and facilities related to the use and enjoyment of said areas, for the payment of ii~iuu~i~ui~im~u~~wiiA asatl=,; insurance premiums on the common Areas, and for the maintenance of other areas as provided for in this Declaration. Section Three• Board to Eix Annual or Regular Assessment. The Board of Directors shall fix the regular or annual assessment at least thirty (30) days prior to the commencement of the annual or regular assessment period. Written notice of the annual or regular assessment shall be sent to every Owner. In the event the Board fails to tix an annual or regular assessment for any assessment period, then the assessment established for the annual or regular assessment of the prior year shall automatically be continued until such time as the Board acts. The annual or regular assessments shall be sufficient to meet the obligations imposed by the Declaration and any supplementary declarations, and shall be sufficient to establish an adequate reserve fund fur the maintenance, repair and replacement of those Common Areas which require such actions on a periodic basis. In the event there is any increase in the annual or regular assessment of more than five percent (5%} of the annual or regular assessment for the prior assessment period, then it must be approved as provided for in the Bylaws of the'Association which are incorporated herein as though fully set forth. Section Four• Special Assessments for Capital Improvements. In addition to the annual or regular assessments authorized above, the Association may levy in any assessment year, a special assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of capital improvements upon the Common Area, including the necessary fixtures and personal property related thereto. Any special assessment for capital improvements must be approved in accordance with the provisions of the Bylaws of the Association which are incorporated herein as though fully set forth. Section Five: Rate of Assessment. Both annual and regular and special assessments shall be fixed at a uniform rate for all Lots. Section Six: Initial Assessment. The initial assessment which shall be paid by any Lot Owner who acquires a lot from-the Developer shall be $100.00 for each tot so acquired at time of closing of the purchase of said Lot; that amount shall be paid to, and held by, the Association to pay for association expenses under the terms of this Declaration. This initial assessment shall be in addition to the annual assessment or any pro rated portion thereof which may be assessed pursuant to Section Seven. Section Seven: Annual Assessment. The annual assessment shall be $250.00 per lot commencing on January 1, 2002. Each lot owner, upon purchasing from a developer or builder, shall pay the pro rata portion of said assessment. Said annual assessment shall be due on or before January 3001 of each year in which the assessment is made. The above referenced annual assessment, and all subsequent annual assessments, shall be paid to the Homeowners' Association who shalt then pay for the expenses of the Association as required under the terms of this Declaration. [n the event the expenses of the Association are in excess of the assessments collected, then the developers tivho subsequently purchase from the Declarant shall pay the difference to the Assuciation on a pro rata basis as determined by the number of lots owned by all such developers. At such time as there had been sufficient assessments collected by the Association. then said developer shall be reimbursed. The Declarant shall not be responsible or liable for the payment of any assessment against any ]ot owned by the Declarant_ Section Eiaht: Certiftcate of Payment. The Association shall, upon written demand, furnish a certificate in writing setting forth whether the assessment on a specified Lot has been paid. A reasonable charge may be made for the issuance of the certificate. Such certificates shall be conclusive evidence of payment of any assessment stated to have been paid. Section Nine: Special Assessments. In addition to the assessments authorized above, the Association, by its Board of Directors may levy, in any year, a special assessment applicable to that year only, for the purpose of defraying the cost of any construction or reconstruction, unexpected repair or replacement of facilities in the Common Areas. However, the Developer shall not be obligated to pay any special assessments on Lots owned by the Developer. Assessments may be made based upon the estimated cost of such work, prior to the work's commencement, provided such estimate has been provided by a contractor retained by the Board for the purpose of such estimate. All special assessments for construction of new facilities or acquisition of new equipment, which is not for the upgrade, repair or replacement of existing construction or equipment, shall require approval oftwo-thirds of the Members. Section Ten: Fines Treated as Special Assessments. Any fines levied by the Association pursuant to RCW Chapter 64.38 (or successor statute authorizing the imposition of fines) shall be treated as a special assessment of the Ow-ner fined, and may be collected by the Association in the manner described in the Declaration. ARTICLE EIGHT: COLLECTION OF ASSESSMENT Section One: Lien -Personal Obli~zation. All assessments, together with interest and the cost of collection, shall be a continuing lien upon the Lot against which each such assessment is made. The lien shall have all the incidents of a mortgage on real property. Each such assessment, together with interest, costs and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of the Lot at the time the assessment was due. No Owner may waive or otherwise avoid liability for assessments by non-use of the Common Areas or abandonment of the Lot. IIIIIIIIIIIIII~II~INIIIIIIINIIII~AIIII~Nlllll _'M6,m=6~; Section Two: Delinauency. If any assessment is not paid within thirty (30) days after its due date. the assessment shall bear interest from said date at t~.velve percent (12%), or, in the event that twelve percent {12%) exceeds the maximum amount of interest that can be charged by law, then the highest permissible rate as provided for by law. A late charge of five percent (5%) of the amount overdue shall be charged for any payment more than ten (10) days past due. Each Member hereby expressly grants to the Association, or its agents, the authority to bring all actions against each Member personally for the collection of such assessments as a debt and to enforce lien rights of the Association by all methods for the enforcement of such liens, including foreclosure by actions brought in the name of the Association in a like manner as a moRgage of real property, and such Member hereby expressly grants to the Association the power of sale in connection with such liens. The liens provided for in this section shall be iii favor of the Association, and shall be for the benefit of the Association. The Association shall have the power to bid at a foreclosure.sale and to acquire, hold, lease, mortgage and convey any Lot obtained by the Association. Section Three: Suspension of Voting Rights: [n the event any Member shall be in arrears in the payment of the assessments due or shall be in default of the performance of any of the terms of the Articles and Bylaws of the Association, the rules or regulations adopted by the Association, or the Declaration for a period of thirty (30) days, the Member's right to vote shall be suspended and shall remain suspended until a!l payments are brought current and all defaults remedied. In addition, the Association shall have such other remedies against such delinquent Members as may be provided in the ARicles, Bylaws or Declaration. Section Four: Enforcement of Assessments: The Board may take such action as is necessary, including the institution of legal proceedings, to enforce the provisions of this Article. In the event the Board begins an action to enforce any such rights, the prevailing party shall be entitled to its attorney's fees, costs and expenses incurred in the course of such enforcement action as provided in this Declaration. ARTICLE N[NE: BUILDING USE AND ARCHITECTURAL RESTRICTIONS Section One: Appointment of ACC. The Declarant reserves the right to appoint any member or members of the ACC until the Declarant and all developers have sold and conveyed all the lots held in the name of the Declarant or developer. This right shall automatically terminate at such time as the Declarant and any developer no longer owns any lots within the plat of Willow Glenn. During this period the Declarant reserves the right to appoint a majority of the members of the ACC and each developer has the right to appoint one member to the ACC. All decisions of the majority of the members of the ACC shall be final and binding. At the expiration of the time period in which the declarant and ii~~i~NUiai~mui~iii~inii~ ~:~s,~A the developer have the right to appoint members to the ACC, then the Board of the Association shall appoint up to three members of the ACC. If any member of the ACC resigns and no replacement assumes that office, then the Board shall act as the ACC until members of the ACC are appointed or take office. Section Two• Authoriri of ACC After Development. At the expiration of the Developers management authority, the ACC shall have the authority and obligation to manage and administer the review of building plans, specifications and plot plans and such other submissions as described in Section Four herein, and to enforce these covenants, conditions and restrictions. Such authority shall include all authority provided fore the ACC in the Association's Articles, Bylaws, Rules and Regulations, as initially adopted, or as amended, ad all the authority granted to the ACC by this Declaration. Section Three: Delegation of Authority of ACC. The ACC or the Declarant may delegate any of its duties, powers or functions described in this Article to any person, firm or corporation. ' Section Four: Avvroval by ACC Required. Except as to construction, alteration or improvements performed by the Developer, no construction activity of any type (including clearing and grading, cutting or transplanting of signific<nt natural vegetation) may begin on a Lot or Common Area and no building, structure, fence or other improvement shall be erected, placed or altered on any Lot or Common Area until, at a minimum, the building plans, specifications, plot plans and landscaping plan showing the nature, kind, shape, height, materials, exterior color and location of such building, structure or other improvements have been submitted and approved in writing by the ACC or its authorized representative as to harmony of exterior design and location in relation to and its effect upon surrounding structures and topography. Further, no fences, hedges or walls shall be erected or altered and no significant exterior changes shall be made to any building including, but not limited to, exterior color changes, additions or alternations until such written approval shall have been obtained. Section Five: Time Limits. If the ACC or its authorized representative shall fail to notify the owner of its action for a period of thirty (30) days following the date of the submission of the required information to the ACC, or its authorized representative, the Owner may proceed with the proposed work notwithstanding the lack of written approval by the ACC or its authorized representative. The required information shall be considered submitted to the ACC upon personal de]ivery of a complete set of all required information to the person designated to receive such items by the ACC or by mail three days after deposit in the U.S. Mail, postage prepaid, certified return receipt requested, to the ACC in care of the Board of Directors of the Association at the address designated in the most recent notice of assessment by the board, or at such other address as is designated by the Board by written notice to the Members. II~IVN~IIIh~N~i~~IIIIIWIWN~~n ;'~,~~s3W~ Section Six: Guidelines. The ACC may adopt and amend, subject to approval by the Board, written guidelines to be applied in its review of plant and specifications, in order to further the intent and purpose of this Declaration and any other covenants or restrictions covering Real Property. if such guidelines are adopted, they shalt be available to all interested parties upon request. Section Seven: Meetines. The ACC shall meet as is necessary to review any plans or specifications provided pursuant to the Section, and shall keep and maintain a record of all actions taken at meetings or otherwise. Section Eieht: No Waiver. Approval by the ACC of any plans, drawings or specifications shall not be a waiver of the right to withhold approval of any similar plan, drawing, specification or matter submitted for approval. Section Nine: Consultation. The ACC may retain and consult persons or entities to assist in the evaluation of plans submitted to the Board for review. Section Ten: Appeals. After the Development Period, the Board shall serve as an appellate panel to review decisions of the ACC upon request of a party aggrieved by the ACC's decision. The Board shall provide, through rules and regulations, a procedure by which decisions of the ACC may be appealed to the Board. The Board may choose, in its discretion, to limit the scope of such appeal and provide time limitations for appeals to be made to the Board. Section Eleven: Enforcement. The ACC may recommend and request that the Board initiate legal proceedings to enforce the terms of these covenants or orders of the ACC. Legal proceedings may only be instituted, however, after approval of the Board. Section Twelve: No Liability. The ACC, its agents and consultants shall not be liable to the Association, its members, to any Owner or to any other person for any damage, toss or prejudice resulting from any action or failure to act on a matter submitted to the ACG for determination, or for failure of the ACC to approve any matter submitted to the ACC. The ACC shalt not be liable for any damage, loss or prejudice resulting from any action by a person who is delegated a duty, power or function by the ACC. Section Thirteen: Fees. The ACC may charge a fee for the review of any matter submitted to it. Any fee schedule adopted by the ACC must be approved by the Board. Section Fourteen• Temporary Structure Prohibited. No basement, tent, shack, garage, barn or other outbuilding or buildinbs or any structure of a .. ii~aui~i~u~~uiu~a~i~iinnu ;~~~_~~.;. temporary or moveable character erected or placed on the Properties shall at any time be used as living quarters except as specifically authorized by the ACC. Section Fifteen: Nuisances. No noxious or undesirable thing, activity or use of any Lot in the Properties shall be permitted or maintained. If the ACC shall determine that a thing or use of property is undesirable or noxious, such determination shall be conclusive. The ACC may recommend and the Board may direct that steps be taken as is reasonably necessary, including the institution of legal action or the imposition of tines in the manner authorized by RCW Chapter 64.38, to abate any activity, remove anything or terminate any use of property which is determined by the ACC or described in the Declaration to constitute a nursance. Section Sixteen: Buildine Type: No structures of any kind shall be erected or permitted to be maintained on any lot other than single family residences, - - garages, workshops and structures normally accessory 20 such residences which have been approved in accordance with the provisions of the Declaration. No carports will be allowed and all garages must have doors. Alt dwellings shall be of a "stick-built" variety. Mobile and manufacrured homes, and modular homes are specifically prohibited. A two car or a three car garage is permitted and shall be incorporated in or made part of the dwelling house. No detached garages shall be permitted except with express written approval by the ACC or the Declarant if the same. is erected during the development period. Section Seventeen: Use of Lots. All Lots within the Property shall be used solely for private single-family residential purposes and not for business purposes, provided, however, that within such single family residences the Owners} thereof may, upon formal written application to the Board, request permission to operate a licensed day care business. The board shall be authorized, but not obligated, to grant such approval and such approval may only be granted, in the sole discretion of the Board IF 1) all applicable governmental zoning and land use classiftcations lawfully permit such usage AND 2} the business and Owner(s) are licensed by all applicable governmental authorities to operate such a day care business AND 3) the day care.business will be operated only between the hours of 7 a.m. and 6 p.m. and only on Monday through Friday AND, 4) no more than (4) children, in addition to those of the Owner's immediate family, are enrolled in either a part or full-tune capacity in such day care AND 5}the Owner(s) of such Lot(s) operating such day care facility will fully oversee, restrict and supervise all children enrolled and will limit such activities strictly within the confines of their residence(s) and Lot(s) and not outside the same AND. 6) the owner(s) of said Lot(s) agree to indemnify and hold the Declarant and the Association fully harmless from any and all liability and causes of action of whatever kind arising by virtue of the Owner's operation of such a day care business AND 7), the Owner(s) of said Lot(s) will provide the Association prior to commencing such business operations, and at all times during such business operations, with verification of liability insurance coverage in an amount not less that ., ui~iinioiii~~i~~uiiiiw~i~iuiin~~~uvW~ $1.000,000.00 naming the Association and the Declarant and such other parties as the Association may deem appropriate as additional insured AND S) such operation does not interfere or otherwise violate any other provisions of this Declaration, including, but not necessarily limited to vehicle parking and signage restrictions. Should the Board give written authorization for such usage, such authorization may be revoked by at least five {5) days prior written notice delivered to Owner should the Owner(s) operating such day care business fail to strictly adhere to the provisions contained with the Declaration, as well as any additional Rutes and Regulations imposed, from time to time, by the Board. No other uses are permitted. Neither the Declarant. the Board and/or the Association shall be deemed to be a partner or joint venturer and/or an interest in such business operation to the extent permission to operate such a day care business is authorized. Section Eighteen: Limitation on Animals: No animals, except dogs, cats, caged birds, fish in tanks and other small household pets will be permitted on Lots. Dogs shall not be allowed to nin at large or to cieate a disturbance for other Owners in the plat. No animals will be allowed to be leashed, chained or otherwise tied to any portion of the front or sides of Residences. Leashed animals are permitted within rights-of--way when accompanied by their owners. The person accompanying the animal must exercise "scooping" of animal waste. All pens and enclosures must be screened tiom view of other Residences and Lots and must be approved by the Committee prior to construction and shall be kept clean and odor free at all times. If the investigation of the Board indicates that animals are kept in violation of this Section, the Declarant, during the development per'sod, or the Board thereafter, will give the Owner ten (10) days written notice of the violation. Such violation must be remedied by the Owner within such ten- (10) day period. Failure to comply with the written notice will result in a tine of $25 per day. Any fine imposed by this Section shall be the personal obligation of the fined Owner and a Lien on the Lot of the fine owed. The Association shall be entitled to attorneys' fees and costs for any action taken to collect such tines in accordance with the provisions of this Declaration. Section Nineteen: Tree Height. No tree shall be allowed to grow to more than 25' above the adjacent ground unless the Conunittee determines that the increased height would not have a material adverse effect on the view from other lots. The Association shall specitically have the right to trim offending trees at the owner's expense after reasonable notice. Section Twenty: Unsightly Conditions. No unsightly conditions shall be permitted to exist on any Lot. Unsightly conditions shall include, without limitations, laundry hanging or exposed in view for drying, litter, trash, junk or other debris; inappropriate, broken or damaged furniture or plants; non-decorative gear, equipment, cans, bottles, ladders, trash barrels and other such items; and no awnings, air conditioning units, heat pumps or other projections shall be placed on a ~~~~~~o~~~~~~su~~~~~~~~gn~~~e~~~~~~~ v~~~=~;, the exterior walls of any housing Unit unless prior written approval shall have been obtained from the ACC. Section Twenty-One: Antennas, Satellite Reception. Satellite dishes of no more than one meter in diameter or diagonal measurement are permitted on the Properties, with ACC approval of the location of the dish in the manner described in this Declaration. Except as provided above, no radio or television antenna or transmitting tower or satellite dish shall be installed on the exterior of any home without approval by the ACC obtained pursuant to Section Four, and a showing by the Owner that such installation will be visually shielded from the view of the residents traveling upon streets located on the Properties. Section Twenty-Two: Setbacks. No building shall be located on any Lot nearer to the front lot line or nearer to the side street than the minimum building setback lines adopted by the City of Yelm. Section Twenty-Three: Roofs. Roofs on all buildings must be finished with materials approved by the ACC or its authorized representatives. Section Twenty-Four: Fences, Walls. Fences, walls or shrubs are permitted on side and rear property lines, up to within the greater of (1 }twenty feet of the front property line; or (2) the distance between the front lot line and the tiont wall (facade) of the primary residence, subject to (a) the approval of the ACC; and (b) determination ofwhether such fence, walls or shrubs would interfere with utility easements reflected on the face of the plat and other easements elsewhere recorded. In no event shall any fence be allo«+ed between the front lot line and the Mont wall of the primary residence. No barbwire, chain link or corrugated fiber glass fences shall be erected on any lot, except that chain link fencing for a sports facility enclosure may be considered for approval by the ACC upon request. All fences must be constructed ofcedar unless otherwise approved by the ACC and can be no more than six feet in height. Section Twenty-Five: Underground Utilities. Except for any facilities or equipment provided by the Declarant or any utility, all electrical service, telephone lines and other outdoor utility lines shall be placed underground. Section Twenty-Six: Vehicle Parking and Storage. No vehicle may be parked on any building Lot or sidewalks, except on designated and approved driveways or parking areas which shall be hard-surfaced. Only the cars of guests and visitors may be parked on the streets. All other vehicles shall be parked in garages or on driveways located entirely on a Lot. No storage of goods, vehicles, boats, trailers, trucks, campers, recreational vehicles (now referred to as `'vehicles") or other equipment or devices shall be permitted in open view fiom any Lot or right of way. This provision shall not exclude parking of up to a combination of two (2) automobiles and regular sized pickup trucks owned or used by the lot owner on the designated driveway areas adjacent to the garages on III~~INIII~II~II~I'tlAIIINIIII~I~~ ;,~;~~;~ the Lot. A lot owner may also park on the driveway recreational vehicles andJor boat trailers for a period not to exceed 24 hours. This paragraph is also not meant to disallow permanent (more than 24 hours) parking or storage of vehicles on the Lots, but, if stored, vehicles shall be adequately screened from the view of adjacent rights-of-way and Lots. Screening of such velucles must have the approval of the Committee. Upon 48 hours notice to the Owner of an improperly parked vehicle, the Board has the authority to have towed, at the Owner's expense, any vehicles still visible from the right-of--way or adjacent residences that have been parked on any Lot or within the right-of--way for more than 24 hours. Notwithstanding the foregoing, Owners who have visiting guests intending to stay in such a vehicle may secure written permission from the Board for such guests to park the vehicle upon the Lot owned by the Owner for a maximum period of one (1) week. Such a privilege shall only exist, however, after the written permission has been obtained from the Board. Section Twenty-Seven: Suns. IJo signs, billboards or other advertising structures or devices shall be displayed to the public view on any lot except (a) signs that do not exceed three square feet in area, which may be placed on a lot to offer the property for sale or rent and (b) any entry monumentation and signage which may be installed by the Declarant. (c) Political yard signs, not more than three square feet in area. of a temporary nature (not to exceed thirty days) will be allowed during campaign periods on lots. Within five days after the date of the election to which the sign refers, such signs must be removed from lots. This section, including but not limited to the restrictions on the number of signs and sign size limit, shall not apply to signs approved under this Declaration by the Declarant during the development period. Any signs not specifically approved by the Declarant found anywhere within Willow Glenn, the common areas or on any Lot or on ad}acent rights-of-way may be promptly removed and disposed of by Declarant. No persons shall be entitled to compensation of any kind for the signs removed by the Declarant pursuant to this section. Section Twenty Eivht• Easements for Enforcement Purposes. Owners hereby grant to the Association an express easement for the purpose of going upon the Lots of Owners for the purpose of removing vehicles or other similar objects which are parked or stored in violation of the terms of this Declaration. Section Twenty-Nine: Excavation and Fill. Except with the permission of the ACC, or except as may be necessary in connection with the conswction of .. i~~u~i~u~-~~m~u~iid ~ s~,=;,w~ any approved improvement, no excavation or fill shall be made nor shall any dirt be removed from any Lot herein. Section Thirty: Drainage. The owner of any lot shall not take any action that would interfere with surface water drainage across that lot either through natural drainage or by drainage easements. Any change of drainage, either through natural drainage areas or through drainage easements must be approved by the ACC. Section Thirty-One: Use Durine Construction. Except with the approval of the board, no persons shall reside upon the premises of any Lot until such time as the improvements to be erected thereon in accordance with the plans and specifications approved by the Board have been completed. Section Thirty-Tw•o: Garbase and Refuse. No garbage, refuse, rubbish, cuttings or debris of any kind shall be deposited on or left upon any Lot unless placed in an attractive container suitable located and screened from public view. All equipment for the storage or disposal of such materials shall be kept in a clean and sanitary condition. Section Thirty-Three: Tanks, Etc. No elevated tanks of any kind shall be erected, placed or permitted on any part of such premises. Any tanks for use in connection with any residence constructed on such premises, including tanks for the storage of fuels. must be buried or walled sufficiently to conceal them from the view from neighboring Lots. roads or streets. All clothes lines, garbage cans, equipment, coolers, wood piles or storage piles shall be walled in or otherwise suitably screened to conceal them from the view of neighboring Lots, Common Areas, roads or streets. Section Thirty-Four: Attto Repair. No major auto repair shall be permitted except within enclosed garages that are kept closed. The only repairs permitted on the balance of the Property are occasional casual repairs and maintenance activities such as tune-ups or oil changes. Section Thirty-Five: Exterior Finish. The exterior finishes on the front of houses shall be approved by the ACC. The entire residence must be painted or stained in colors approved by the ACC. All metal fireplace chimneys shall be either wood or stone wrap. Section Thirty-Six: Driveways. Al! driveways including any access to the rear yard of any residence shall be of a hard surface construction of either concrete or washed aggregate and shall be completed prior to final building inspection. 9 ii~u~u~~iHi~Nium~~npun ;~~~;.,~ Section Thirtv-Seven: Maintenance of Structures and Grounds. Each owner shall maintain his lot and residence thereon in a clean and attractive condition, in good repair and in such fashion as not to create a fire hazard. Section Thirtv-Eight: Firearms. The use of firearms is expressly prohibited within the plat of Willow Glenn. Section Thirtv-Nine: Dirt Bikes and/or ATV. No unlicensed motor vehicles, including motorcycles, dirt bikes, motor scooters, ATV's etc., shall be permitted on any road within the plat, nor shall any such vehicles be permitted to operate on any owner's lot or in the Common Areas. Section Forty: Damage Repair. All owners agree to repair immediately any damage to any utilities adjacent to their lot or lots, in the event any of the utilities are cracked, broken or otherwise damaged as a result of dwelling construction activities or other activities by owner, by persons acting for owner or by persons in or around the property at the request or with the consent of the owner. Section Forty-One: Buildint; Materials. All homes constructed on each lot shall be built of new materials, with the exception of "decor" items such as used brick, weathered planking and similar items. The Committee will determine whether a used material is a "decor'' item. In making this determination, the Committee will consider whether the material harmonizes with aesthetic character of Willow Glenn development and whether the material would add to the attractive development of the subdivision. The exterior of all construction on any Lot shall be designed, built and maintained in such a manner as to blend in with the natural surroundings and landscaping. Exterior colors must be approved by the Committee. Exterior vim, fences, doors, railings, decks, eaves, butters and the exterior finish of garages and other accessory buildings shall be designed. built and maintained to be compatible with the exterior of the structure they adjoin. The Committee or Board will establish an approval process and color guidelines. Any change of color as to the exterior of any existing home within Willow Glenn will be subject to the same approval process. Section Fortv-Two: Minimum Size Residences. Private single-family residences shall consist of not less than one (1) Lot and no Lot shall ever be further subdivided. Each Residence must have a private enclosed car shelter for not less that two (2) cars. provided that a portion of the interior of said garage may be improved and/or finished for residelitial use by the Owner thereof provided that the exterior of the garage shall not be removed or otherwise modified so as to eliminate the garage door that previously provided access thereto. No single structure shall be altered to provide For more than one (1) i~i~~i~m~~~uid~iHn~nu~ ; a,~,~~w~ family. Single level type residences (residences consisting of a one-story residence or a residence consistins of a basement and one story) shall contain at least 1,100 square feet. Multi-level residences (i.e., two story or [ri-levels) shall contain at least 1,200 square feet. Garages and decks may not be included when calculating square footage. Section Forty-Three: Codes. All construction shall conform to the requirements of the State of Washington's rules and regulations for construction. Section Forty-Four: Entry for Inspection. Any agent member of the Declarant or any member of the ACC may at any reasonable predetermined hour upon 24 hours notice during construction or exterior remodeling, enter and inspect the structure to determine if the construction or exterior remodeling complies with the provisions of this Declaration. The above-recited individuals shall not be guilty of trespass for such entry or inspection. 1 Section Forty-Five• Authority to Adopt Additional Rules and Restrictions. The Association shall have the authority to adopt additional written rules and restrictions governing the use of the Properties, (provided such rules and restrictions are consistent with the purposes of the Declaration) and to establish penalties for violation of those rules and restrictions. If rules and restrictions are adopted, they, along with the established penalties, shall be available to all Members upon request. Section Forty-Six: Enforcement. The Association, or the Declarant during the Development Period, may, but is not required to, take any action to enforce the provisions of the Declaration available to it under law, including but not limited to imposition of Fines as authorized by RCW Chapter 64.38, specific performance, injunctive relief and damages. Any Member may also enforce the terms of this Article (although a Member may not impose a fine as authorized by RCW Chapter 64.38) but the Member must first obtain an order from a court of competent jurisdiction entitling the Member to relief. In the event that a Member takes any action to enforce.the terms of this Article, the Association shall not be in any way obligated to join in such action, or pay any of the attorney's fees, costs and expenses incurred in such action. ART)iCLE TEN: EASEMENTS Section One: Easement for Encroachments. Each Lot is, and the Common Areas are, subject to an easement for encroachments created by construction, settlement and overhangs as designed or constructed by the Declarant, and a valid easement for encroachments and for maintenance of the same as long as said improvements remain. Section Two: Easements on Exterior Lot Lines. In addition to easements reserved on any plat of the Properties or shown by instrument or record, ~ ~ F 9 68 ~~ o£ 3~ 8~/z7~'2881 A9~l~A CEC x39.86 Tiwrston Co, Ufl easements for utilities and drainage are reserved for the Declarant, or its assigns, over aover afive-foot wide strip along each side of the interior Lot lines, and ten feet over the rear and front of each Lot, and over, under and on the common Areas. Within all of the easements, no structure, planting or full material shall be placed or permitted to remain which may, in the opinion of the board or ACC, damage or interfere with the installation and maintenance of utilities, or which may obswct or retard the flow of water through drainage channels and the easements. The easement area of each Lot and all improvements within it shall be maintained continuously by the Owner of such Lot, except those improvements for tivhich a public authority, utility company or the Association is responsible. Section Three: Association's Easement of Access. The Association, the ACC and its agents shall have an easement for access to each Lot and to the exterior of any building Located thereon during reasonable hours as may be necessary for the following purposes (l) cleaning, maintenance or repair of any home or Lot as provided in this Declaration; (2) repair, replacement of improvement of any Common Area accessible from that Lot; (3) emergency repairs necessary to prevent damage to the Common Areas or to another Lot, or to the improvements thereon; (4) cleaning, maintenance, repair or restoration work which the Owner is required to do but has failed or refused to do; and (S) all acts necessary to enforce these Covenants. Section Four: Easement for Declarant. Declarant shalt have an easement across all Common Areas for ingress, egress, storage and placement of equipment and materials, and other actions necessary or related to the development or maintenance of the Rea! Property. Section Five: Utilit Maintenance Easements. Easements are granted for the installation, inspection and maintenance of utilities and drain facilities as delineated on the plat for Willow Glenn. No encroachment will be placed within the easement shown on the plat that may damage or interfere with the installation, inspection and maintenance of utilities. Maintenance and expense of the storni water drainage facilities shall be the responsibility of the Association as established under the terms and provisions of this Declaration. ARTICLE ELEVEN: MORTGAGEE PROTECTION Section One: MortuaQees. Notwithstanding and prevailing over any other provisions ofthe Declaration, the Association's Articles of Incorporation or Bylaws, or any rules, regulations or management agreements, the following provisions shall apply to and benefit each Institutional First Mortgagee ("Mortgagee") which holds a mortgage given for the purpose of obtaining funds for the construction or purchase of a Housing unit on any Lot yr the improvement of any Lot. Section Two: Liabilirir Limited. The Mortea~ee entitled to the protection hereof shall not in any case or manner be personally liable for the payment of any assessment or charge, nor for the observation or performance of any covenant, restriction, rule, Association Article of Incorporation or Bylaw, or management agreement, except for those matters which are enforceable by injunctive or other equitable relief, not requiring the payment of money, except as hereinafter provided. Section Three• Iylort~a~e~s' Riuhts Durin~l Foreclosure. During the pendency of any proceeding to foreclose the Mortgage, the iVlortgagee or the receiver, if any, may exercise any or all of the rights and privileges of the Owner of the mortgaged Lot, including, but not limited to, the right to vote as a Member of the Association to the exclusion of the Owner's exercise of such rights and privileges. Section Four• Acquisition of Lot by Mort~a~ee. At such time as the Mortgagee shall become entitled to possession of the Lot, the Mortgagee shall be subject to al] of the terms and condirions of the Declarant, and the Articles, Bylaws, rules alid regulations of the Association, including, but not limited to, the obligation to pay for all assessments and charges accruing thereafter, in the same manner as any Owner, provided, however, the Mortgagee shall acquire the title to said Lot free and clear of any lien authorized by or arising out of any provisions of the Declaration which secure the payment of any assessment for charges accrued prior to the date the Mortgagee became entitled to possession of the Lot. Section Five• Reallocation of Unpaid Assessment. If it is deemed necessary by the Association, any unpaid assessment against a Housing Unit foreclosed against may be treated as a common expense of other Lots. Any such unpaid assessment shall continue to exist as a persona] obligation of the defaulting Owner of the respective Lotto the Association. Section Six: Subordination. The liens for assessments provided for in this instrument shall be subordinate to the lien of any Mortgage, or other security interest placed upon a I.ot or housing Unit as a construction loan security interest or as a purchase price security interest, and the Association will, upon demand, execute a written subordination document to confirm the particular superior security interest. Section Seven: Mortaa~ee's Rit,~hts. Any Mortgagee shall have the right on reyuest therefor to (a) inspect the books and records ofthe Association during normal business hours; (b) receive an annual audited financial statement of the Association within (90) days following the end of any fiscal year; and (c) receive written notice of all meetings of the Association and designate a representative to attend all such meetings. ~~~iiiu~i~ii~ii~i~~en~Nm~~~~,u ;M~NV~mw~ Section Eieht: Limitations of Abandonment of Common Areas. the Association shall not, without the prior written approval of sixty-seven percent (67%j of the IVlortaagees, seek to abandon the Common Areas for reasons other than substantial destruction or condemnation of the property. Section Nine: Notice. Tf such notice has been requested in writing, Mortgagees shall be entitled to timely written notice of (a) substantial damage or destruction of any Housing Unit or any part of the Common Areas or facilities; (b) any condemnation or eminent domain proceedings involving any Housing Units or any portion of Common Areas of facilities; (c) any default under this Declaration or the Articles, Bylaws or rules and regulations of the Association by an Owner of any Housing Unit on which it holds the mortgage which is not cured within thirty (30) days; {d) any sixty (60) day delinquency in the payment of assessments or charges owed by the Owner of any Housing Unit on which it holds the mortgage; (e) ten (10) days' prior written notice of any lapse, cancellation or material modification of any insurance policy or fidelity bond maintained by the Association; and (f) any proposed action that requires the consent of a specific percentage of Mortgagees. ARTICLE TWELVE: MANAGEMENT CONTRACTS Each Member hereby agrees that the Association and the ACC may enter into agreements 1'or the performance of any or all of the functions of the Association and the ACC with such persons or entities as the Association deems appropriate; however, any agreement fur professional management of the Properties, or any other contract providing for services by the Declarant must provide for termination by either party without cause after "reasonable notice. ARTICLE THIRTEEN: INSURANCE Section One: Coverage. The Association may purchase as a Common Area Expense and shall have authority to and may obtain insurance for the Common Areas against loss or damage by fire or other hazards in an amount sufficient to cover the full replacement value in the event of damage or destruction. It may also obtain a comprehensive public liability policy covering the Common Areas. The comprehensive public liability coverage shall be in an amount to be determined by the Association. It may also obtain insurance to cover the Board, the ACC, its agents and employees from any action brought against them arising out of actions taken in furtherance of the Association's duties under this Declaration. Following the development period, all such insurance coverage shall be written in the name of the Association as trustee for each of the Members of the Association. The Association shall review the adequacy of the Association's insurance coverage at least annually. All policies shall include a standard mortgagee's clause and shall provide that they may not be canceled or i~wii~i~~~m~hifl~im~g~im a;,e ~3=r;P. substantially modified (including cancellation for nonpayment of premium) with out at least ten (10) days prior written notice to any and all insured named therein, including Owners and institutional First Mortgagees that have requested notice. Section Two: Replacement, Repair After Loss. In the event of the damage or destruction of the Common Areas covered by insurance written in the name of the Association, the Association may, upon receipt of the insurance proceeds, and to the extent of such proceeds contract to rebuild or repair such damaged or destroyed portions of the common Areas to as good a condition as they were when the loss occurred; provided, however, that the Association's election not to rebuild the common Areas shall require the approval of totiv-thirds (2/3) of the Association. The Association may in its sole discretion contract with any contractor for the reconstruction or rebuilding of such destroyed portions of the Common Areas. ARTICLE FOURTEEN: RULES AND REGULATIONS 1 The Association andlor its Board of Directors is hereby authorized and empowered to adopt rules and regulations governing the use of the Properties and the personal conduct of the Members and their guests thereon, and to establish penalties for the infraction thereof in the manner described by RCW Chapter 64.38, the Bylaws and any resolutions passed by the Board. All Lot Owners shall be given written notice of the rules and regulations in the manner required by RCW Chapter 64.38. ARTICLE FIFTEEN: REMEDIES AND WAIVER Section One: Remedies Not Limited. The remedies provided herein, including those for collection of any assessment or other charge or claim against any Member, for and one behalf of the Association, the ACC, or Declarant, are in addition to, and not in limitation of, any other remedies provided by law. Section Two: No Waiver. The failure of the Association, the ACC, the Declarant or any of their duly authorized agents or any of the Owners to insist upon the strict performance of or compliance with the Declaration or any of the Articles, Bylaws or rules or regulations of the Association, or exercise any right or option contained there, or to serve any notice or to institute any action or summary proceedings, shall not be construed as a waiver or relinquishment of such right for the future, but such right to enforce any of the provisions of the Declaration or of the Articles, Bylaws or rules and regulations of the Association shall continue and remain in full force and effect. No waiver of any provision of the Declaration or of the Articles, Bylaws, rules or regulations of the Association shall be deemed to have been made, either expressly or implied, unless such waiver shall be in writing and signed by the Board of Directors of the Association pursuant to authority contained in a resolution of the Board of Directors. j ARTICLE SIXTEEN: CONDEivINATION ' In the event of a partial condemnation of the Common Areas, the proceeds shall be used to restore the remaining Common Area, and any balance remaining shall be distributed to the Association. In the event that the entire Common Area is taken or condemned, or sold, or otherwise disposed of in lieu of or in avoidance thereof; the condemnation award shall be distributed to the Association. No proceeds received by the Association, as the result of any condemnation, shall be distributed to a Lot Owner or to any other party derogation of the rights of the First Mortgagee of any Lot. ARTICLE SEVENTEEN: GENERAL PROVISIONS 1. Bindint; Et~ect. All present and future Owners or occupants of Lots shall be subject to and shall comply with the provisions of the Declaration, and the Bylaws and rules and regulations of the Association, as they may be amended from time to time, are accepted and ratified by such Owner or occupant, and all such provisions shall be deemed and taken to be covenants running with the land and shall bind airy person having at the time any interest or estate in such Lot, as though such provisions were recited and stipulated at length in each and every deed and conveyance or lease thereof. 2. Enforcement by Court Action. The Association, the Declaration, the ACC, the Homeowner's Association, or any lot owner shall have the right to enforce, by any proceedings at Sa~v or in equity, all restriction, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Should the Association or any Owner employ counsel to enforce any of the foregoing covenants, conditions, reservations, or restrictions. all costs incurred in such enforcement, including a reasonable fee for counsel, shall be paid by the Owner found to be in violation of said condition, covenants, reservation, or restriction, or found to be delinquent in the payment of said lien or charge. 3. Enforcement by Selt=Help. The Declarant, the ACC, the Association, or the duly appointed agent of either, may enter upon any lot, which entry shall not be deemed a trespass, and take whatever steps are necessary to correct a violation of the provisions of this Declaration. Provided, this provision shall not be construed as a permission to breach the peace. 4. Condition Precedent to Action. Prior to taking action either by court or by self help, written notice shall be given to the ofi`ending low owner. Such notice shall specify the nature of the offense and shall also specify the action necessary to cure. Such action shall also provide a reasonable opportunity to cure which, except in the case of any emergency, shall not be less than 30 days. 5. Expenses of Action. The expenses of any corrective action or enforcement of this declaration, if not paid by the offending owner within thirty (30) days after written notice and billing, may be filed as a lien upon such lot, enforceable as other liens herein. Owner Objection. Should a lot owner object to the complaints of the Declarant, the Association or ACC in writing within a period of fifteen (15) days after the complaint is made and, further, should the parties not agree on property maintenance or other matters complained of, the matter shall be submitted to arbitration. The arbitration shall be binding upon the parties. If the parties cannot agree upon an arbitrator, each party shall choose one arbitrator and they, in turn shall choose a third. The arbitration shall be conducted in accordance with the rules of arbitration under the laws of the State of Washington inexistence at the time of any such azbitration. ?. Costs and Attomeys Fees. In the event of legal action, the prevailing party shall be entitled to recover actual costs and attorney fees. For the purposes of this declaration "legal action" shall include arbitration, law suit, trial, appeals, and any action, negotiations, demands, counseling or otherwise where the prevailing party has hired an attorney. It is the intent of this provision to reimburse the prevailing party for all reasonable attorney fees and actual costs incurred in defending or enforcing the provisions of this Declaration, or the owner's rights hereunder. Failure to Enforce. No delay or omission on the part of the Declarants or the Owners of other Lots iri exercising any rights, power, or remedy provided in this Declaration shall be construed as a waiver or acquiescence in any breach of the covenants, conditions, reservations or restrictions set forth in the Declaration. No action shall be brought or maintained by anyone whatsoever against the Declarants for or on account of its failure to bring any action for any breach of these covenants, conditions, reservations, or restrictions, or for imposing restrictions which may be unenforceable. 9. Severability. Invalidation of any one of these covenants or restrictions by judgement or court order shall not affect any other provisions, which shall remain in full force and effect. l0. Interpretation. !n interpreting this Dee:.laration, the term "person" may include natural persons, partnerships, corporations, Associations and personal representatives. The singular may also include the plural and the masculine may include the feminine, or vise versa, where the context so admits or requires. This Declaration shall be liberally construed in favor of the party seeking to enforce its provisions to effectuate the purpose of protecting and enhancing the value, marketability, and desirability of the Properties by providing a common plan for the development Willow Glenn. 1 1. "Term. This Declaration shall be effective for an initial term of 30 years, and thereafter by automatic extension for successive periods of ] 0 years each, unless terminated, at the expiration of the initial term or any succeeding ] 0 year term by a termination agreement executed by the then owners of not less than 75% of the lots then subject to this Declaration. Any termination agreement must be in writing, signed by the approving owners. and must be. recorded with the County Auditor. 12. Perr~etuities. In the event that any provision of this,Declaration violates the rule against perpetuities, such provision shall be construed as being void and , of no effect as of twenty-one (:Z 1) years after the death of the last survivor of all of the said incorporators' children and grandchildren who shall be living at the time this instrument is executed, whichever is later. 13. Method of notice. Any notice required by the Declaration or the Articles or Bylaws or the Association of the rules and regulations adapted by the Association shall be deemed properly given when personally delivered, deposited in the United States mail. postage prepaid, or when transmitted by Facsimile. 14. Successors and Assigns. This Declaration binds and is for the benefit of the heirs, successors and assigns of Declarant, the Declarant, the members and the OwTrers. ARTICLE EIGHTEEN: AMENDNIENT AND REVOCATION Section One: Exclusive Method. This instrument may be amended, and partially or completely revoked only as herein provided or otherwise provided by law. Section Two: Amendment by Declarant. Notwithstanding any other provision of this Declaration, this Declaration can be amended at any time by the Declarant prior to the time that 75% of the Lots have been sold to others than Declarant builders. That all Iot owners agree to be bound by such amendment or amendments as made by the Declarant pursuant to this provision. Thereafter this Declaration can be amended only as provided for in this Declaration. iu~ui~~nui~~i~~uii~~u~niiu ;s~,=~ Section Three• Prior Approval by FHA/HUD. Regardless of whether or not 75°~0 of the lots have been sold to other than Declarant builders, in the event any loan with respect to any lot or building constructed thereon is insured through either the Federal Housing Administration or the Department of Veterans Affairs or any programs sponsored by either such agency, then the insuring agency must give written approval before any of the following actions can be approved by either the Declarant or the lot owners: (a) Annexation of additional properties (b) Dedication of any properties {c) Amendment to this declaration. Section Four: Voting. This Declaration may be amended at any annual meeting of the Association, or at a special meeting called for such purpose, if sixty-seven percent (67%) or more of the owners vote for such amendment by written ballot. Notice of any proposed amendment shall be given to aU Owners not less than ten (10} days prior to the date of the annual meeting or of any special meeting at which the proposed amendment shall be considered. Notwithstanding any of the foregoing, fifty-one percent {Sl%} ofall Institutional First Mortgagees who have requested notiftcation of amendments must give prior written approval to any material amendment to the Declaration or Bylaws, including any of the following: 1. Voting rights; 2. Assessments, assessment liens and subordination of such liens; 3. Reserves for maintenance, repair and replacement of Common Areas; 4. Insurance or fidelity bonds; 5. Responsibility for maintenance and repair; 6. Contraction of the project or the withdrawal of property from the Properties; 7. The boundaries of any Lot; S. Leasing of Housing Units other than as set forth herein; 9. Imposition of any restrictions on the right of an Owner to sell or transfer his or her Lot; 10. Any Decision by the Association to establish self-management when professional management had been required previously by an institutional First Mortgagee; ii~~ii~~~uiai~i~~NiumiiN~i~ ~;°~~=,~,uew 1 1. Restoration or repair (after hazard damage or partial condemnation} in a manner other than that specified in this Declaration; 12. Any action to terminate the legal status of the Properties after substantial destruction or condemnation occurs; or 13. Any provisions which are for the express benefit of Institutional First Mortgagees. Section Five: Effective Date. Amendments shall take effect only upon recording with the Thurston Cotu~ty Auditor or the county in which this Declaration is recorded. Section Six: Protection of Declarant. For such time as Declarant shall own Lots located in the Properties there shall be no amendments to the Declaration, the Articles of Incorporation, the Bylaws of the Association, or any Rules and Regulations adopted by the Association which: 1. Discriminate or tend to discriminate against the Declarant's rights. 2. Change Article One ('`Definitions") in a manner that alters the Declarant's right or status. 3. Alter the character and rights of membership or the rights of the Declarant as set forth in this Declaration. 4. Alter its rights as set forth in this Declaration as relating to architectural controls. 5. Alter the basis for assessments, or the Declarant's exemption from assessments. b. Alter the number or selection of Directors as established in the Bylaws. 7. Alter the Declarant's rights as they appear under this Article. Section Seven: Notice. Any notice required hereunder shall be deemed efTective when personally delivered or three days after mailing by certified and regular mail to the owner of public record at the time of such mailing to such owner's address as it appears on the Thurston County Assessor's tax records and to the street address of the lot(s) herein. Notices to lenders shall be sent to the last address the lender has given to the Association. The Association is not required to provide notice of any matter to any lender who has not notified the Association in writing of such lender's desire to receive notice, and/or has not given the Association written notice of the lender's address for receipt of notices. The Association shall not undergo investigation outside of it; own records into the name ur location of any lender or lienholder. IN WITNESS WHEREOF, the undersigned have caused this Declaration to be executed this o2l0~' day of~, 2001. Yelm Property Development, LLC, A Washington Limited Liability Company By: J ~ ~ - ~~a-s~ Dennis M. Balascio, Manager 1 STATE OF WASHINGTON) ' )ss. COUNTY OF THURSTON ) On this ZG day of J~~~ , 2001 before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Dennis M. Balascio, to me known to be a managing member of Yelm Property Development, LLC, a Washington Limited Liability Company that executed the foregoing instrument, and acknowledge the said instrument to be the free and voluntary act and deed of the Limited Liability Company, for the uses and purposes therein mentiolted, and on oath stated that they are authorized to execute the said instrument. W('INESS my hand and official seal herein aff xed the day and year first above written. ERIK J. HEiMANN ~ .NOTARY PUBLlC ~ ~ STATE OF WASHINGTON ~ r ~ Ilr Commission Expires June 5, 2004 ~ Printed Na e ~.,/~ ! r~rra r ~„ a--.,..,------------------i NOTARY PUBLIC in and for the State of Washington Residing at ~.HT~ , ,~,r~ My commission expires: O6/vs/may Return Address City of Yelm Cathie Carlson PO Box 479 Yelm, WA 98597 Document title(s) (or transactions contained therein): 1. Warranty Agreement 2. 3. Reference Number(s) of Documents assigned or released: . (on page of documents(s)) Grantor(s) (Last name, first name, middle initial} 1. Yelm Property Development, LLC 2. Willow Glenn Subdivision 3. Grantee(s) (Last name, first name, middle initial) 1. The Public 2. Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) NE 1/4 of the SE 1/4 of Section 19, Township 17 N, Range 2 East ^ Additional legal is on page _ of document Assessor's Property Tax ParcellAccount Number: b4303500504 IIIII~~II~IIIII~II~nII~~IAIIIIUUIIY a;~~'; ~°„P WARRANTY AGREEMENT KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS Yelm Property Development, LLC (hereinafter referred to as the "Owner"), has applied to the city of Yelm, a political subdivision of Thurston County of the State of Washington, (hereinafter referred to as the "City") for the approval by the City of a certain plat of a subdivision to be known as Willow Glenn, a copy of which plat is attached hereto and made a part hereof as "Exhibit A", on which said plat are shown areas offered by the Owner to be dedicated to public use as streets, allies and other rights of way, and other public facilities and improvements; and WHEREAS, it is necessary in the interest of public welfare that the areas so offered to be dedicated are to be constructed in accordance with the specifications hereinafter set forth; and WHEREAS in accordance with the items of RCW 58.i 7 and Title 16 of the Yelm Municipal Code, the City has adopted subdivision regulations which require that all improvements be constructed in a manner consistent with the City's development regulations: NOW THEREFORE, to induce the City to approve said plat and to accept the dedication of said areas as public streets, easements and other improvements, the Owner does hereby unconditionally promise and agree to and with the City as follows: 1. The Owner unconditionally warrants to the City, its successors and assigns that, for a period of 12 (twelve) months from the date of final plat approval, the improvements required to be constructed and dedicated to the public under the terms of the plat will be free from defects and that the work will conform wi#h the requirements and specifications of the Development Guidelines of the City. Upon any breech of the foregoing Warranty, and without limiting the City's remedies for breech of warranty, the Owner agrees to promptly repair or replace any defective work, at no cost to the City, and to provide all labor, equipment and materials necessary therefore, at no cost to the City. Z. In the event the Owner shall fail or neglect to fulfill his obligations under this agreement, the City shall have the right to construct or cause to be constructed, repaired or replaced pursuant to public advertisement and receipt and acceptance of bids, said streets, utilities and other improvements, as shown on said plat, and the Owner shall be liable to pay to and indemnify the City, upon completion of such construction, the final total cost to the City, including but not limited to engineering, legal and contingent costs, together with any damages, either direct or consequential, which the City may sustain on account of the failure of the Owner to carry out and execute all the provisions of this agreement. III~IIIII~I~IIIIIII~III!INflI~III~II,R a,~°,a ~Na 3. The obligations imposed or implied by this agreement shall not be assigned, transferred or assumed by any person or entity that is not a part of this agreement without prior written consent of the City. ~~ ~ Dennis 1v1. Balascio, Manager Yelm Property Development, LLC STATE OF WASHINGTON ) ss COUNTY OF THURSTON ) THIS IS TO CERTIFY that on this ~ = day of ; ..~ ~~ ~-.v,~~ , 2001, before me, the undersigned, Notary Public in and for the State ofWashin~ton, duly commissioned, sworn and qualified, personally came Dennis M. Balascio, known to be the individual described in and who executed the within and foregoing Warranty Agreement, and acknowledged to me that he signed and sealed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned. WITNESS MY HAND AND OFFICIAL SEAL the day and year first above written. - NOTARY PUBLIC in and for the State of Washington, residing at: ~. .+ ~ / ~: CNERYLE FfOSKINS BIGELOW ~ NOTARY PUBLIC ~ ~ STATE Or WASHINGTON ~ ~ My Commluion Expires May 17, 2003 i III~IV~~II~n~~INtl~~~II~IIV a~ea,~~„a Return Address City of Yelm Cathie Carlson PO Box 479 Yelm, WA 93597 .r ~- a•, Nom N ~~~~ m ~~ ~dN ~ o. ~ ~ c~a m~ ~~m m ~~~ ~_ 0 _~~ ~_ .~ ~. ~. .~ 5 Document title(s) (or transactions contained therein): 1. LID, UL.ID, Latecomer Agreement 2. Waiver of Protest 3. Special Power of Attorney Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Yelm Property Development, LLC 2. Timberland Bank 3. Frontier Bank Grantee(s) (Last name, first name, Huddle initial) 1. The Public 2. Legal Description {abbreviated: i.e. lot, block, plat or section, township, range) NE 1/4 of the SE 1/4 of Section 19, Township 17 N, Range 2 East D Additional legal is on page _ of document Assessor's Property Tax Parcel/Account Number: 64303500504 IIIIII!~I~~IP~NI~~nhW~~lll~lll~ R°980.' °sx IIN~Rplll'~N~HIWI~I~I~I~~VV ~r,~~~9.~~Y AGREEMENT WAIVER OF PROTEST AND SPECIAL POWER OF ATTORNEY (LID/ULID/LATECOMER) THIS INSTRUMENT is entered into this ~ day of ur c 2001, by and between the CITY OF YELtit, a municipal corporation, hereinafter referred to as the "CITY," and hereinafter referred to as the "OWNER." ~~ WITNESSETH: WHEREAS, the OWNER holds record title to the following described property located within Thurston County, Washington: LOT 3 OF THURSTON COUNTY SHORT SUBDIVISION NO. SS978187YL AS RECORDED SEPTEMBER 16, 1997 UNDER AUDITORS FILE N0.3109448. ALSO. LOT A OF BLA- 0309, RECORDED OCTOBER 25, 1985 UNDER AUDITOR'S FILE NO 8510250041, RECORDS OFTHURSTON COUNTY, WASHINGTON and WHEREAS, the CITY has required as a condition of approval of the OWNER's site plan/subdivision for said property that the OWNER participate in the construction of certain utilities and/or street improvements as they directly relate to said property and the ~= OWNER desires that said requirement be delayed until projects are formulated for the joint ~ o m participation of other affected owners. '~~'~o c°DO ~, ^" NOW, THEREFORE, IT IS HEREBY AGREED BETWEEN THE PARTIES as follows: M~'m 1. The CITY will delay its requirement for the immediate participation by the '~ -m OWNER in the construction of certain utilities and/or street improvements, subject to the ~~~ conditions set forth hereinafter. ~ 2. The OWNER will financially participate in the following utility and/or street ~~ projects on an equitable basis with other affected property owners: ~~ Sanitary sewer system improvements; ...~. ~' Water system improvements; X Storm water system improvements; ~~ X Street improvements; ~~ X Street lighting improvements; X Sidewalk improvements; •~ Other ~~~ ~_ CITY OF YELAA dslc:~afftcelpiandept.cclagreemnt.lid page t which improvements are more specifically described as follows: Nalf street improvements along the property frontage on Middle Road. Improvements will comply with Neighborhood Collector Street Standard. 3. The OWNER hereby waives all rights to protest against future Local Improvement District (LID), Utility Local Improvement District (ULID), or Latecomer Ordinance and Agreement proceedings far the construction of said improvements described in Section 2 herein. For purposes of this Instrument, "rights of protest' shall mean only those formal rights to protest contained within the LID, ULID or Latecomer Ordinance and Agreement statutes, except, however, nothing herein shall constitute a waiver by the OWNER or the OWNEA's heirs, assigns or successors in interest, of the right t object to the OWNER's individual assessment amount or latecomer charge or to appeal to the Superior Court the decision of the Council affirming the final assessment roll or latecomer ordinance and agreement, which rights are specifically preserved. 4. The OWNER hereby grants and conveys to the,City Engineer of the City of Yelm, or his successor in interest or designee, a Special Power of Attorney to exercise any and all rights of the OWNER, including any purchasers, mortgage holders, lien holders or other person who may claim an interest in the property described herein above, to accomplish the following: At such time as a Local Improvement District, Utility Local Improvement District, or Latecomer Ordinance and Agreement is proposed that would cause said improvements to be made available to the OWNEA's property described herein above, to execute a Petition on behalf of the OWNER for the creation so such LID, ULID or Latecomer Ordinance and Agreement. This special Power of Attorney is granted in consideration of the CITY executing this Instrument, and shall be a power coupled with an interest which may not be terminated. This Special Power of Attorney shall not be affected by the disability of the OWNER. .~ " °'= 5. If the OWNER fails to perform in good faith in accordance with this cNV°~° ~,, ~ Instrument, it is agreed that the CITY may discontinue utility service to the property `rw ~ ~ described herein, after giving 20 days notice thereof and an opportunity for hearing thereon ~~.ti L ' co ,~ ; s or may pursue other equitable or legal remedies. Ma m ~~ fi. The OWNER hereby declares That yc'1m `I'r ,pP,~~ d~y~rl.~mc~~ T, ~ L C. m ~~`;~ ar,s the sole owner(s) of the property described herein and has/have full power to commit said property to this Agreement, Waiver of Protest and Special Power of Attorney. ~~~ ~"~ 7. This Instrument constitutes a covenant running with the land and shalt be finding on all heirs, assigns, transferees, and successors in interest_ ~. ~~ 8. For purposes of RCW 35.43.182, and any LID or ULID thereunder, the effective term of this Instrument shall be a period of ten years from the date hereof. For purposes of RCW 35.72 and RCW 35.91, and any Latecomer Ordinance and Agreement ~` thereunder, the effective term of this Instrument shall be a period of fifteen years from the date such an Ordinance and Agreement becomes effective. ~~ CITY OF YELM dslc:lofflcelplandept.cclagreemnt.l(d page p iii~uiiui~uinioiui~iuuu~iiiii~i~ ~~°~;~g~.,~ uiiidiiuiii~iu~nwii~i~u~iiuii~Ha a~;~~;~w IN WITNESS WHEREOF the parties hereto have caused this Instrument to be executed the day and year first herein above written. OWNER(s) ~ M 1"~o i ~~ ~C ~,cnonl T1 ~ ~ ~1. rC CITY OF YELM By: City Administrator ~~ Q, N ~ 'a N ° •~ ~v N o ~ `~ ca a M •'+~ `~ ~~ ~~m m ~~ ~~~ 0 ~~a .~~ ..r~.^ ~~. i ~~ i i~~~ STATE OF WASHINGTON ) ss. COUNTY OF (oi~y5 H'P+Q'$Or~ OWNER(s) On this ~~ay of ~y t~~ , 20 0~_, personally appeared before me YV11 LNA>~ t_ 2 . ~P,-,~D ~V P , to me known to be the individual{s) and/or corporate officers described in and who executed the within and foregoing instrument and acknowledged that Ham: signed the same as H15 free and voluntary act and deed on behalf of themselves or as corporate officers of the named corporation with the full authority, for the uses and purposes herein mentioned. ~~~~,,,`~ ~~C H E ~.~~ a' ~ssio"Ir E •~.~'. .o ~ ~107AR) ~~_ CITY OF YEU1A ds~c:lofficelplandepLcc'lagreemnLlld Public in and for the State hington, residing at Page 3 IIIImIII~~II~IIIIIII~II~VIIIIII~AIII,Ifl ~„'m~~;wN III~II~IIIOIIhII~~IInII~I~IIIIdN9~llll ~~,,$~A IN WITNESS WHEREOF the parties hereto have caused this Instrument to be executed the day and year first herein above written. 1 ~ m ~r l~ ~ j~.~ nJ' ,~. CITY OF YELM By: City Administrator ~~ NQ4'o' N mc~ ~~a m ` r. t0 u. N '" ~ s1~ Ma`O. ~ ~ ~~ ~~m ~~~ ~.. ~~ ~~ ~. ~~ STATE OF WASHINGTON ) COUNTY OF ss. OW~NER(s) U, ~(.. ~~c~d.c.[:c ~ ~Jtt~tcc,.Ui On this 1y ~'' day of ~~ ~ , 20 n t ,personally appeared before me _ /)~.+., ; < f~/as~.~~ , to me known to be the individuals} and/or corporate officers described in and who executed the within and foregoing instrument and acknowledged that ,~ ~ signed the same as j„ s free and voluntary act and deed on behalf of themselves or as corporate officers of the named corporation with the full authority, #or the uses and purposes herein mentioned. ERIK J. HEIMANN ~ NOTARY PUBLIC ~ ~ STATE OF WASHINGTON ~ ~ AAy Commission Expires June 5, 2001 ~ CITY OF YELM ds1c:`officelplandept.cclagreemnt.lid Notary Pu lic in and for the State of Washington, residing at ~/ n A My com issian expires: s ~ y Page 3 II~IIInINA~IIWVVhNIIIn~Vlllll~l~ ~~~~ ~ II~~N~~~~~I~I~IA~INN~IIIR a~„N u .~ 1N WITNESS WHEREOF the parties hereto have caused this Instrument to be executed the day and year first herein above written. OWNER(s) Q. m u~l ~, ~.z c J-,~2t'~r P Y ~~n r~ /r~-r ~r~~ivf~ n ~C CITY OF YELM 8Y= City Administrator ~~ N`-- m N ° es m ~`° ti o ao ~ .~ ~a~L co s~ coa m ..~~m m ~o ~~a. .~~ ~~ ~~ ~~ ~~ ~~ .~~ STATE OF WASHINGTON ) COUNTY OF ss. OWNER(s) (~ ~ e~ M l C. c c-. P On this day of , 20 ,personally appeared before me _ to me known to be the individual(s) and/or corporate officers described in and who executed the within and foregoing instrument and acknowledged that signed the same as free and voluntary act and deed on behalf of themselves or as corporate officers of the named corporation with the full authority, for the uses and purposes herein mentioned. Notary Public in and for the State of Washington, residing at CITY OF YELM ds~lofficelplandeptcc~agreem rrt.lid My commission expires: Page 3 ./ STATE OF WASi-iINCTON, l ACIQVOWLEDGMEYT -Individual J} ss. Counr~ of On this day personally appcared before me to the known to be the individual(s) described in and who ezecutcd the within and foregoins ' mot, and acknowledged that signed the same u free and voluntary acs and _ for the uses attd purposes therein mentioned. GIV>:*i under my hand and official seal this day of 19 . Nomry Public in and for the Srare of 4Vashirtgron, residing at .' My appointment expirrs v = n on N ~-- m o CV ° v ~~ti~ ~u.~~arL C~~ m ~ ,.~~ ~~0 m ~~ ~~~ ~~ ~~~ ~~. ~~ i ~~ ~~ ~~ ~.~^ ~~.~" STATE OF WASHINGTON, ss. ACKNOWLEDGMENT -Corporate County of SNOHgOMISH On this 1 8Td-ay of JUNE 192001 ~~ me, the undersigned. a Notary Public in and for the State of Washington, duly eoromissioned and sworn, personally appeared 13EN M_ KEMP and --------------------- to ax known to b< the VICE Presiderrt and ---------3euetay,'rLSpecri+ely, of _ FRONTIER BANK the eorpotatiaa thaz exenrred the foregoing instrument, and adatow2edged the said instrumtxit to be the fire and vohtnrary act and deed of said corporation, for the uses and purposes therein trtendoned, and on oath stated that HE IS authorized to execute the said instrument and that the seal affixed (if any) is tftc corporate seal of said corporation. witness my hand and offs,~seal hereto a!7ixed the day sad year fint.above vrriaen. ~\~ENHgG / va ~~N EXP/~, ~i` d ~ tit PrtY ~ ~ r G Z r -s 4~ O sue ~ / T'4 ]'E C'F v3y~ Notory~ rrblic in m+d jfar the State of Was3d :ar. J' residin ~ 1!3A.RYSVILLE My appointtttent expires 10-1-2001 This jttrat is page of artd i3 atuched to dattd IIIIIIIIUI~IIIIIIAYIIWIIII~~ll~llllllll ;,~°~,'~wa IHMVINIINNI~'IANNVh~IN~~IIN~A';~~~'u~a,~w~ Return Address City of Yelm Cathie Carlson PO Box 479 Yelm, WA 98597 Document title(s) (or transactions contained therein): 1. Stormwater Operation and Maintenance Plan 2. . 3. Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Yelm Property Development, LLC 2. Willow Glenn Subdivision 3. Grantee(s) (Last name, first name, middle initial) 1. The Public 2. Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) NE 1/4 of the SE 1/4 of Section 19, Township 17 N, Range 2 East ^ Additional legal is on page _ of document Assessor's Property Tax Parcel/Account Number: b4303500504 III~IIIII~III~~II~IIIII~IINI~IIIII~IIII a'.°~,,°'~°. Stormwater Operation and Maintenance Plan for Willow Glen Plat Yelm, Washington July 5, 2001 Skillings-Connolly, Inc. Consulting Engineers Lacey, WA 98b03 ~I~N~III~IIV~I~~IA~~I~IVM am:~a; ~s.~ Facility Operation The two stormwater treatment and discharge facilities are located within Willow Glen plat. The facilities use gravity flow and infiltration to treat and discharge the generated stormwater. stormwater is collected using roadway catch basins and conveyed to the facilities where it flows across grass swales, treated and then into underground galleries and discharged. Maintenance Requirements The following maintenance requirements are required on an as needed basis. • Mow the grass • Irrigate as necessary to ensure health grass growth The following is required on an annual basis • Inspect leveler boards. Replace damaged boards when damaged is discovered. Inspect gallery catch basins. Remove debris when the depth of sediment reaches 1" or greater. The remaining maintenance schedule items are included on the maintenance schedule from the drainage report. ii~~ii~u~~i~inii~uiiiw~~~b ~-:~;a ~s.u APPENDIX D SKlLLlNGS-CONNOLLY, 1NC. Consult(ng Engineers Maintenance Schedule Middle Road Plat !i~im~i~im~iiimi~u~uiiiiimuiiiin a~=°~~~,~ MAINTENANCE CHECKLIST Maintenance Checklist for Ponds Frequency Drainage System _ ! Problem Conditions to Check For Condttions That Should Exist Feature V M,S Ganerat , j Trash 8 debris Dumping of yard waste such as grass Remove trash 8 debris and v build-up in pond. dippings and brandies into basin. dispose as pre-scribed by C(ty Unsightly accumulaUOn of non- Waste Management Section. degradable materials such as glass, plastic, metal, foam and coated paper. M _ ! Poisonous Any poisonous vegetation in which Remove poisonous vegetation. V vegetation may constitute a hazard to the public. Do not spray chemicals on Examples of poisonous vegetation vegetation without obtaining include: tansy ragwort, poison oak, guidance from the Cooperative stinging nettles, devils dub. Extension Service and approval from the City. M,S „ J Flre hazard a Presence of chemicals such as natural Find sources of pollution and Y pollution gas, oil, and gasoline, obnoxious color, eliminate them. Water is free odor, ar sludge noted. from noticeable rotor, odor, or contamination. M „ f Grass not Far grassy ponds, grass cover is Grass cutting unnecessary Y growing or is sparse and weedy or is overgrown. unless dictated by aesthetlcs. overgrown. M _ f Rodent holes Any evidence of rodent holes if fadllty Rodents destroyed and dam or ~! Is acting as a dam or berm, or any bens repaired. Contact the evidence of water piping through dam Thurston County Health or berm via rodent hales. Department for guidance. M _ ! ~ Insects When insects such as wasps and Insects destroyed or re-moved V hornets Interfere with maintenance from site. Contad Cooperative activities, or when mosquitoes become Extension Service for guidance. a nuisance. A _ 1 Tree growth Tree growth does not aUOw Trees do not hinder maintenance ~t maintenance access or interferes with activities. maintenance activity (r.e., slope mowing, slit removal, or equipment movements). If trees are not interfering with access, leave trees alone. M Side slopes of _ f Erosion on Chedt around Inlets and outlets for Fnd causes or erosion and pond V berms or at signs of erosion. Check berms for eliminate them. Then slopes entrancelexlt signs of sliding or settling. Action is should be stabilized by using needed where eroded damage over 2 appropriate erosion control inches deep and where there is measure(s): e.g., rock . potential torcontinued erosion. reinforcement, planting of grass, compaction. M Storage area - f Sediment Acwmulated sediment that exceeds Sediment deaned out to V buildup In pond 10°,6 of the designed pond depth. designed pond shape and depth; Bunted or partially buried outlet pond re-seeded if necessary to structure probaby indicates signiflpnt control erosion. sediment deposits. A Emergency _ j Water obstructer Debris block Duffel. Remove debris. Overflow Y f f you are unsure whether a problem exists, please contact the jurisdiction and ask for technical assistance. Comments: A =Annual (March or April preferred) M =Monthly (see schedule) S =After major storm MAINTENANCE CNEDKLlST (CONTINUED) Maintenance Checklist for Infiltration Systems Frequency prainage System _ I Problem Conditions to Check For Condltkms That Should Exist Feature V M,S General _ 1 ~ Trash 8 debris See Maintenance Checklist for Ponds. See Maintenance Checklist for ! buildup In pond Ponds. M _ 1 ~ Poisonous See Maintenance Checidlst for Ponds. See Maintenance Chedklist for ! vegetation Ponds. M,S _ 1 Fire hazard or See Maintenance Checlklist for Ponds, See Maintenance Checklist for V pollution Ponds_ M _ ! Vegetation not See Maintenance Checklist for Ponds. See Maintenance Checklist for Y growing or is pads, overgrown M _ 1 ~ Rodent holes See Maintenance Checlkllst for Ponds. See Maintenance Chadkllst for 1 Ponds. M _ ! ~ Insects See Maintenance Checklist for Ponds. See Maintenance Chedctist for ! Ponds. A Storage area _ 1 Sediment A soil texture test Indicates fadlity is Sediment Is removedandlor ~1 buildup in not working at its designed rapabllltles fadlity is deaned so Ihat~ system or was incorrectly designed., infiltration system works according to design. A sediment trapping area is installed to reduce sediment transport into infiltration area. A _ ! Storage area A soil texture test indicates facility is Additional volume is added V drains slowly not working at its designed gpabilities through excavatlon !o provide (more than 48 or was incorrectly designed. needed storage. Soil is hours) or aerated and rototilled to overflows improve drainage. Contact the pty for information on its requirements regarding excavation. M _ 1 ~ Sediment Any sediment and debris fll8ng area to Gean out sump to design V trapping area 10% of depth from sump bottom to depth. bottom of outlet pipe or obstructing flow into the connector pipe. One 71me _ ! Sediment Storm water enters infiltration area Add a trapping area by Y trapping area not directly without treatment. constructing a sump for settling present ofsolids. Segregate settling area from rest of fadlity. Contact City for guidance. If you are unsure whether a problem exists, please contact the jurisdiction and ask for technical assistance. Comments: A =Annual (March or April preferred) M =Monthly (see srd,edule) S =After major storm IIIIYI~IIIIIIIIIIIIII~I~IInI~IyIII~IIYI~ dw;~~s3=„5 MAINTENANCE CHECKLIST (CONTINUED) Maintenance Checklist for Fencina/Shn,bbery Screen/Other Landscaoinc Frequent Drainage Problem Conditions to Chedk For Conditions That Should y System Exist Feature M 1r Unruly Shrubbery Is growing cut of control or is Shrubbery Is trimmed and Y vegetation infested with weeds. weeded to provide appealing aesthetics, Do not use chemlpls f4 control weeds. If you are unsure whether a problem exists, please contact the jurisdiction and ask for technlpl assistance. Comments: MAINTENANCE CHECKLIST (CONTINUED) Maintenance Checklist for Conveyance Systems (Pipes, Ditc,'~es, and Swales) Frequenc Drainage Problem Conditions to Cheek For Conditions That Should Exist y System , J Feature VV M,S Open dltdles _ 1 Trash ~ debris Dumping of yard wastes such as grass Remove trash and debris. Y dippings and branches into basin. Unsightly accumulation of non-degradable materials such as glass, plastic, metal, foam and coated paper. M _ f Sediment Accumulated sediment that exceeds 20% of Ditch cleaned of all sediment V buildup the design depth. and debris so that is matches design. M _ ! Erosion Sea Ponds Checklist. See Ponds Checklist. V damage to slopes A _ 1 ~Y Rock lining Maintenance person can sea native sill Replace rocks to design out of place or beneath the rock lining. standard. missing (If applicable} ~ Varies . Catch basins , r v See Catch Basins Checklist See Catch Basins Checlklist M,S Swales _ I I Trash & debris See above far Ditches. See above for Ditches. M _ l ~ Sediment See above for Ditches. Vegetaton may need to he 1 bufkiup replanted after leaning. M _ 1 Vegetation not Grass cover Is sparse and weedy or areas Aerate sills and reseed and Y growing or are overgrown with woody vegetation. mulch bare areas. Maintain overgrown grass height at a minimum of 6 inches for best storm water treatment. Remove woody growth, recontour, and reseed as necessary. M,S _! ~ Erosion See Ponds Checklist. See Ponds Chedklist I damage to slopes M , J Conversion by Swale has been filled In or bloclked by shed, If possible, speak with V home-0wner woodpile, shrubbery, etc. homeowner and request that to Swale area be restored. incompatible Contact Ctty to report use problem if not rectified vduntarily. A _ J Swale does Water stands in Swale or flow velodry is very A survey map may be r not drain slaw. Stagnation occurs. needed to check grades. Grades need to be In 1-5% range if possible. If grade is less than 1%, underdralns may need to be installed. If you are unsure whether a problem exists, please contact the jurisdiction and ask for technical assistance. Comments; A =Annual (March or April preferred) M =Monthly (see schedule) S =After major storm ifl~w~~~i~o~~~iin~~ii~iin ~~aams,. MAINTENANCE CHECKLIST (CONTINUED) Maintenance Checklist for Grounds lLandscapinq} Frequen Drainage Problem Conditions to Check rcr Conditions That Should Exlst cy System " Feature M General Weeds Weeds growing in more than 20"0 of the Weeds present in less than Syo of the (nonpolsono landscaped area (trees and shrubs only). landscaped area. us) M Safety Any presence of poison ivy or other No poisonous vegetation or insect nests hazard possonous vegetaion or Insect nests. present in landscaped area. M.S Trash or See Ponds Checklist. See Ponds Checklist. Iltter M,S Erosion of Noticeable rills are seen in landscaped Causes of erosion are identified and steps ground areas. taken to slow downlspread out the water. surface Eroded areas are filled, contoured, and seeded. A Trees and Damage Umbs or parts of trees or shrubs that are Trim tree/shrubs to restore shape. Replace shrubs split or broken which affect more than treeslshrubs with severe damage. 2% or.the total foliage of the tree or shrub. M Trees or shrubs that have been blown ~ Replant tree, inspecting for injury to stem or down or knocked over. ~ roots. Replace if severe) damaged. A Trees a shrubs which are not adequately Place stakes and rubber-coated ties around supported ar are leaning wer, causing young treeslshrubs for support exposure of the roots. If you are unsure whether a problem exists, please contact the jurisdiction and ask for tecnrnpt assistance. Comments: A =Annual (March or April preferred) M =Monthly (see schedule) S =After major storm iu~uuiiiiii~u~~i~ii~ii~i~i~nN a~.~~~, Return Address City of Yelm Cathie Carlson PO Box 479 Yelm, WA 98597 Document title(s) (or transactions contained therein): 1. Re-Record Two, amend legal, Auditors File #3368419 2. Re-Record Two, amend legal, Auditors File #3368420 3. Re-Record Two, amend legal, Auditors File #3368422 Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) .(Last name, first name, middle initial) 1. Yelm Property Development, LLC 2. Timberland Bank 3. Frontier Bank Grantee(s) (bast name, first name, middle initial) 1. The Public Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) NW 1/4 of the SE 1/4 of Section 19, Township 17 N, Range 2 East X Additional legal is on Attachment A of document Assessor's Property Tax ParceUAccount Number: 6430350004 ~~~ 1~ ~~ 3 ~~ ~~ ~~ ~~e $~~ ffi m @~~. ~~ -~-- ~w ~~~w ,~ ~,, .. m .- -_ cn G IV ~ Z ~~ C7m O~ O m ~~ _ ~ CO ~t M1l 3385154 3385153 Page l o f 3 Page 1 of 9 lA/15:'28a1 88~4c CITY (lf YFI h t1ISC 32. A8 Thwi5t08ela0oLJh~1~ CITY fiF' `rFl H At3R Slb'.Bfl ThuPSton Co, l!R 3385 r; rr nF rF~ n P 8 g1 `,~~ ~~ ~ q ~ ~ ~ Thurston Ca, 1.tg2A H ~~~~ {-~ ~~ ~~ . ~~~ S~~ ~~ n •n = wo~~ N ~ -• m ~ . W ~_ . ~. ~, -_~ ~~ ~~~ ~..~ ~. ~~ ~~ ...._... _~ ~~ .~. ~_ ~_ _~ ~~ Return Address City of Yelm ~ ' Cathie Carlson PO Box 4'79 Yelm, WA 98597 Document title(s) {or transactions contained therein): 1. LID, ULID, Latecomer Agreement 2. Waiver of Protest 3. Special Power of Attorney . Reference Number(s) of Documents assigned or released: {on page of documents(s)} Grantor(s) {Last name, Frst name, middle initial) 1. Yelm Property Development, LLC 2. Timberland Bank 3. Frontier Bank Grantee(s) (Last name, first name, middle initial) 1. The Public 2. Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) NE 1/4 of the SE 1/4 of Section 19, Township 17 N, Range 2 East ^ Additional Legal is on page _ of doc~,unent Assessor's Property Tax ParcellAccount Number: 64303500504 _~~ ~..~.,~ ~~ ~_` m~~ m~~ •~.. ~~yw ~~~w ins..p _O N - ~ 0 N ~"- o_~,cn m ~~ `~ ~~ ~. . ~;~~ <~~ ~~ ~- 3 ~. ~~ ~~ ~~ a~ `o i ~~~- m ~.__, -- ~w ~~~w A~..m O N 7 m r17 ~ O m O ~ m'~'W _ .. ~ ~ ~ ti III~~I~~If~INIIIINU~Ill~;91111111u1~ ;~=68'~3w IIII~IUIIINIII~IUNIIIIII~III~I~,l~llll ;'Ke~~ A.F 3385155 P;ge~ 3 of 9 16:15120aI 33~42A r.irY nF vt7n PEA s8. B6 Thurston Co. IIA AGREEMENT WAIVER OF PROTEST AND SPECIAL POWER OF ATTORNEY (LID/U L! D/LATECOM EA) /~ THIS INSTRUMENT is entered into this /~,r day of ur e , 2001, by and between the CITY OF YELM, a municipal corporation, hereinafter referred to as the "CITY," and hereinafter referred to as the "OWNER:" ~~ WITNESSETH: WHEREAS, the OWNER holds record title to the following described property located within Thurston County, Washington: L T 3 F HlJ ST N C~ TY O T S BDI ISI . S 978 7 A R O ED SE TE B 1 1:9 7 U DE AU ITO S ILE 0. 09 ~'.8. LS L A F - 30 R CO DE . _O TO R , 1 5 D R A DIT R' ~IL NO 510 50 1, C RD O TH R ON~CO . WA HI GT 2 ~ _ o, ~w'a~ N° of m ~N``".~ ~~~ M~ a~ ~~ m ~~~ ~~~ ~~ ~~ ~~ ~~ ~~ ~. ~~ ~. ~~ ~~ ~e.Vr 5~~, -- --Sri l~~-a.~l1~~n ~/1 fi ~, and WHEREAS, the CITY has required as a condition of approval of the OWNER's site plan/subdivision for said property that the OWNER participate in the construction of certain utilities and/or street improvements as they directly relate to~said property and the OWNER desires that said requirement be delayed until projects are formulated for the joint participation of other affected owners. NOW, THEREFORE, 1T IS HEREBY AGREED BETWEEN THE PARTIES as follows: 1. The CITY will delay its requirement for the immediate participation by the OWNER in the construction of certain utilities and/or street improvements, subject to the conditions set forth hereinafter. 2. The OWNER will financially participate in the following utility and/or street projects on an equitable basis with other affected property owners: Sanitary sewer system improvements; Water system improvements; X Storm water system improvements; X Street improvements; X Street lighting improvements; X Sidewalk improvements; Other CITY OF YELM dslcloftlcelplandept. cc\agreemnt.lid >>_ K~ ~~ -,-` ~` __._.. ~- s!i~ ~~ ~~~` ~~ ~....~ a~ a~. ~~ ~myw ~ U'~ ~ s; ~ .~ ~. ~,-~ o Qa~ m --.-A °° ~ a ti H~ <----- _ _-~ ~, ~~ ~~ .~ ~- M~ @~~ m~~ ~w ~~~~ ~N ..~ ©~,,j p, @ o cn Page 1 o ~' W _.. m s ~• N iiiiiuiiiii~~~i~~~NUii~~niui~iiuiu~i~ 3.~sae,~,q iiii~iiuiiai~iiNU~i~ii~iiii~~uii ~ra,a,~~s~:, 33851 SS Pa~~? ~ 4 of 9 r.trv nF vFi n FCH iA t~ Thurstan6CoaoilA~9 which improvements are more specifically described as follows: Half street improvements along the property frontage on Middle. Acad. Improvements will comply with Neighborhood Collector Street Standard. 3. The OWNER hereby waives all rights to protest against future Local Improvement District (L1D), Utility Local improvement District (ULID), or Latecomer Ordinance and Agreement proceedings far the construction of said improvements described {~ in Section 2 herein. For purposes of this Instrument, "rights of protest" shall mean only ~ those formal rights to protest contained within the L1D, UL1D or Latecomer Ordinance and .~ Agreement statutes, except, however, nothing herein shall constitute a waiver by the 3 OWNER or the OWNER's heirs, assigns or successors in interest, of the right t object to the ~-- OWNER's individual assessment amount or latecomer charge or to appeal to the Su erior ~'- p Court the decision of the Council affirming the final assessment roll or latecomer ordinan ~~ ce and agreement, which rights are specifically preserved. -~"~' .~. 4. The OWNER hereby grants and conveys to the City Engineer of the City of ~_ Yelm, or his successor in interest or designee, a Special Power of Attorney to exercise any ~.~~ and al! rights of the OWNER, including any purchasers, mortgage holders, lien holders or ~~ _ other person who may claim an interest in the property described herein above, to accomplish the following: At such time as a Local Improvement District, Utility Local ~~ improvement District, or Latecomer Ordinance and Agreement is proposed that would cause said improvements to be made available to the OWNER's property described herein above, ~~~ w to execute a Petition on Behalf of the OWNER for the creation so such L1D, ULID or ~ ~ '•• ~ Latecomer Ordinance and Agreement. This special Power of Attorney is granted in o ~~ ~ = Q ~,-~ _ consideration of the. CITY executing this Instrument, and shall be a power coupled with an ~ _ ° ~' m -~~ interest which may not be terminated. This Special Power of Attorney shall not be affected D~'•° by the disability of the OWNER. .~ ~ N" °' ~ 5. If the OWNER fails to perform in good fai#h in accordance with this ~_ '~ N° ~~ ~ ~ Instrument, it is agreed that the CITY may discontinue utility service to the property ~., _ ~i ~ ~~ described herein, after giving 20 days notice thereof and an opportunity for hearing thereon, <.~ r~ ti M1 ~ or may pursue other equitable or legal remedies. ~~ c+~ ~ .a ~ - ..__ nn f ~ J 6. The OWNER hereby declares that YP~m '1'ro fJP~ .Lkv~/.~mei~ T ~ L (: ~ . ~ _~;~ arts the sole owner(s) of the properly described herein and has/have full power to commit ~' said property to this Agreement, Waiver of Protest and Special Power of Attorney. ~~ i ~~~ 7. This Jnstrument constitutes a covenant running with the land and shat) be finding on all heirs, assigns, Iransferees, and successors in interest. ~~ ~~ 8. For purposes of RCW 35.43.182, and any LID or ULID thereunder, the Mi~~ m effective term of this Instrument shall be a period of ten years from the date hereof. For 0~"' purposes of RCW 35.72 and RCW 35.91, and any Latecomer Ordinance and Agreement -~-- ~w thereunder, the effective term of this Instrument shall be a period of fifteen years from the ~= ~ r'' date such an Ordinance and Agreement becomes effective o , ~~ ca'n . W CITY ~F YELM ~ m °, ds1c:',afllcelplandept.cclagreemnt.lid Page 2 ~ ~ `n N III~~II~II~IIIIIn~Rlll~llllrlll~llll;~q;°~~=a Illl~llllllll~llllldlllll~l!~G~IIIIIIINIIIIs';.e~~~~~ 3385155 Page 5 of 3 f:1TY 11F Yfl M PEA 18.96 ThurstcneCoe~1JRLA IN WITNESS WHEREOF the parties hereto have caused this lnstrument to be executed the day and year first herein above written. OWNER(s) OWNER(s) ~c ~nl Tr G- ~ ~-~.~ CITY OF YELM ay: ~_ _~ %~= ~v {. - ~: ~~ _' •j I ~_ ~.~.~ m @..~~ _____ City AdminisVator ~ .._,.... „~,, sm~w • ~ ~~ '° cp STATE OF WASHINGTON } ~~ G v, o m ..,-~ COUNTY OF (aiZAys K>ae.~o2) ss. ~ 9 ~- ~m= N ; ~~ On this ~~ay of _ ~'v NL ~ , 20 o L, personally appeared before_me _ ~~ ~.~ ~ ~ _YV1ti C.N R t^ >_ 2 • ~ ~v P , to me known to be the individual{s) and/or { ~ .. ~ ;~ corporate officers described in and who executed the within and foregoing instrument and ~~~ a .,. ~.. Ma ~ ~ acknowledged that H~ signed the same as H-5 free and voluntary act and ;-- deed on behalf of themselves or as corporate officers of Ehe named corporation with the full ~ ~m authority, for the uses and purposes herein mentioned. ~ . ~~ryy i ~~. ~~~~~~~ti C H ~rrrri~~ _~ `~` a~~`s'sia'N~ 9 ~ii~ r `~` - --~- 1'v~ ~ c. rt x"1..3 1-Jt4 r ~"~' ~ ~ ~. p+~at1~ Nr~tar~ Public in and for the State ~ " ~`~~'•-~'8 o~$f~shington, residing at """~~ ~~~~~ j H~~~~r~ ~y commission expires: Z L zm~, ~'- -~ r~ ~ 1 C~J1 O N ~ ~~~"'' CITY OF YELM r-, m a ~ dslc:tioificelplandept.cclagreemnt.Iid Page 3 ~ w ~'w co 3368420 3368419 ' 4of? MISC 58.98 TP,ur'stcnflCod9lJA~ 8?~7l~88t 89~4~ flGR 314.88 Trxu•ston Co, ufl I 3385155 J Pale 6 O£ 9 18/15/2881 ti8 4PA crrv i~ ,Fin Pi)A 68.68 Thurston Cap WR IN WITNESS WHEREOF the parties hereto have caused this Instrument to be executed the day and year first herein above written. OWNEA(s) OWNER(s} ~~o~~>r c ~ ~ ~ CITY OF YELM By: City Administrator ~~ ^m~ N ; 'a a N =~ ~Y'mc m `° ~~~ d N L ~. 7 cha a ~~ -m ~~ ~~ ~~ ~~ ~~ ~~ ~~ ~~ ~...~ ~~ STATE OF WASHINGTON ) COUNTY OF ss. On this ~y'ry' day of ,r}, ~ , 20 n r' ,personally appeared before me _ /JP,+~ ,'s ~/~ <- ., , to me known to be the individual(s) and/or corporate officers described in and who executed the within and foregoing instrument and acknowledged that.,~3 signed the same as fr i s free and voluntary act and deed on behatf of themselves or as corporate officers of the named corporation with the full authority, for the uses and purposes herein mentioned. ~ , ERIK J. HElMANN ~ NOTARY PUBLIC ~ STATE OF WgSHINGTGN ~ ~ My Ccmmiasion Expires June 5, 2004 i CITY OF YELM dslc:lofftcetplandept.ec~agreemnt.tid Notary Pu lic in and for the State of Washington, resiAAding at ,ti Q n My com fission expires: s Page 3 _~ H ~~ {~~ ~~~ ~~ ;~~ _..~~ ~~ ._ ;- ~_. ~- m m~~ ~~~ w U '° 07 oti 7 m ~~~w O m C V' ~ ~~ ~~ z ~~ { ~~- _~~- .~~- ..~• ~^ ~~ ~.....-. ~~~~ '~ N ~~~ ~~_ m -d r ' V (~ ;?mAw r~~~ ~j f") ~" O V1 O m ..y tl~ co ~ ry 9 II~III~VRIVII~IIII~II~IIII~~Ih~V~ a~6;e~w~; IHI~Iplli~l~'IRNIIkIINN~18111N1~illl ~~:~eES~~, 1 _cLL ~' ~hn ~ ~~ !~ ~ .~ 3385155 Paae~ ? of 18;' 15.'2961 6° ~ ~P, !'tTY ~ Yrl M POA ?5.88 Thurston Co. UA IN WITNESS WHEREOF the parties hereto have caused this Instrument to be executed the day and year first herein above written. OWNER(s) ~ art r I v~e~ ~ L. L ~~ ,C~2n ~~ P r /c)/~~ ~ /f7rr 1~-r ~i4~Ni~ ~/~ ~ CITY OF YELM By: OWNER(s) ~ c ,.- '~ l~- E r-• P City Administrator s m STATE OF WASHINCaTON ) COUNTY OF ) s5. ~_ ~. Q, -+ U N°~° '~~ ~ ~y ~~.^L c~ ~. ~. ~a ~~ ~~ ~~~ m .~.~ ~~ ~~ ~. ~~ ~~ ~~ `~ ~~ ..rte ~~ ~~ .~.~ ~~~ ~~~ On this -- day of , 20 ,personally appeared before me _ tc me known to be the individual(s) and/or corporate officers described in and who executed the within and foregoing instrument and acknowledged that signed the same as free and voluntary act and deed on behalf of themselves or as corporate officers of the named corporation with the full authority, for the uses and purposes herein mentioned. ~Y- {~ ~~ ~~ ~~ s ~~ .~~ ~- ^'~' ~~~ ~~ i~~- ~_ m mom.. ~w m.;; m ~+ '° m . -~ ~, ~ T V~ ".-°~ ~m~ ~~ A N -~ 3--- ~----- ~, ~~ _ CITY OF YE11v1 dslc:lofffcelplandepLcclagreemrrt.lid Notary Public in and for the State of Washington, residing at My commission expires: Page 3 M ~~ ~~ --- ~' --~ - -° W ~~~W. can N 3 m ~~ o~O,W ~D ~ ~ ~N 9 I~~IGIIIIIII~II~IIII~IIN~INI~~II~ bnfie,°6~~WS 1111191~IIIIIIWII@IIIIII~II911~VIIIII,11111,~ ~~~e=a'~~s;~., - •d STATt OF WASI-:L`IGTON, ss. County of On this day personally appeasrd be(ore me to ax known to be the individual(s) described in and who ezccuted the within and forrgaing' ent, and aekaowiedged that signed the samc u fire and vatttatary as and for the yset and purposes thaei:t mentioned. GIVEN undertny hand and official seal this , / day of 19 Norar7• Public rn and for the State of Washington. residing m My appointmcat expires v r` m ~~ m o ~ N -' ~' m c ~ L". • r. ,n ~ a ~u L Cr7n m ~ ~~ ~.~ ~~ ~~ a ,,. ~~ ~~ ~~ i i ~. ~~ i~ ~~ ~~ STATE OF WASHINGTON, 1 ACKNOWLEDGMENT -Corporate J} ss. Cnttnty of SNOHOMISH On this ' ST~iay o f JUNE ~ 1920 O 1 before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appwred BEN M- KF.MP - -----------------^--- iG ate known to be the and VICE Pruident and _________~~Y.respeea~ely, of FRONTIER BANK the corporation that ezec.:te3 the foregoing iastnunert, and acYttowledged the said lnsuvment to be the free and voluntary xt and decd oC said corpormGon, for the uses and purposes therm arensiooed, and an oath stated that HE I S authorized to execute the said insnvmrnt and that the seal af5zed (if any) is the corporate seal of said rntporation. witness my hand and trffrsj,,7t`seal hereto aff'ized she day and year fast above written. ~~ ~ N EXP~G~2 / 5~ ? AFS ~ ~\ p;rZY ~ ~~ Z ~ L e- ~G Z i O sT-4TE OF wr~ Notary/ frolic is cnd~~ ffor~~tGe 5tme of War /ngtart. /' ~~ residln at MARYSVILLE ~ My appointment expires 10-1-2001 Ibis just is pagc of and is astacitcd to 3385155 Pie ~ 8 of 9 1aI15~2001 0$ 4~A Pt1A 3R 9A Thurston Ca, lJA ACKNOWLi=DGMENT -Individual dated ~~ ~~' ~~ 3 ~~~ ~~ r ~.~~ ~~. r..~~ ~~~- ~~ ..~ 3 m m w ©~ w =n~v~i O N 7 m ao~ n ~ Q _ •. ~° ~~ r :.,1 L _^~ +~~ { ~r~ =~~ a ~~ ar.l~ ~~~ ---- ~~^ war .r ai ~~ o~~~~ ~.-- m m~ -~ •- ~ W ~ ~ o W U UI .• r "`- fJl 3 @ ODD . ~ co II~IIII~II~IIIIN91111~~II~~IIIIIIIINII~ ~~°,r=~°~w~ III~~III~IN~INnB6'lI~~~I~INI~ m~,~~~;,,~ ATTACHMENT A AMENDED LEGAL DESCRIPTION AUDITOR'S FILE #3368419, 33684^c4 & 3368422 PARCEL B OF BOUNDARLY LINE ADJUSTMENT NO. BLA-00-8260-YL AS RECORDED ON SEPTE,'vIBER 21, 2040 UNDER AUDITOR'S FILE NO.3314745, RECORDS OF Ti-?USTON COUNTY, WASHWGTON i~~i~~u~~iii~~~~ii~NR ~ns'~~~k~ ~~~II~kIIHll~l~lllllultll~lll~l~;~ ,s 3385153 Page 9 of 5 id/15%2881 a3~~2,9 r.ttY nF YFi n r.~R E16.58 tf~urstan Cu, uA RETURN ADDRESS Document Title(s) AMENDMENT TO CODES, COVENANTS AND RESTRICTIONS TO WILLOW GLENN SUBDMSION Reference Numbers (s) of related documents ' 3368416, 3368415, Grantor(s) (Last, First and Middle Initial) WILLOW GLENN Grantee(s) (bast, First and Middle Initial) PUBLIC Additional Reference #'s on page Additional grantors on pagc Additional grantees on page Legal DesenptiOn (abbreviated form: t.e. lot, block, plat or section, township, range, quarter/quarter) Additional legal is on page Assessor's Property Tax Parcel/Account Number Additional pareel #'s on page The Auditor/Recorder will rely on the information provided on this form. The staff w1I1 not read the document to iu~~~u~u~~~~~~~ ~~,~~~ AMENDMENT TO CODES, COVENANTS AND 1.ZESTRICITONS, WILLOW GLENNSUBDIVISION ALL LOTS in Willow Glenn Subdivision under recording number 3368416 are affected by this amendment (attached). The Codes, Covenants and Restrictions are recorded under recorder's number 3368415, page 11 of 32, recorded on 7/27/2001. III~~NIIIUIIIIII~V~I~IM~~NnA~ ~ a~ insurance premiums on the common Areas and for the maintenance of other areas as provided for in this Declaration. Section Three: Board to Fix Annual or Regular Assessment. The Board of Directors shall fix the regular or annual assessment at least thirty (3)} days prior to the commencement of the annual or regular assessment period. Written notice of the annual or regular assessment shall be sent to every Owner. In the event the Board fails to fix an annual or regulaz assessment for any assessment period, the assessment established for the annual or regular assessment of the prior year shall automatically be continued until such time as the Board acts. The annual or regular assessments shall be sufficient to meet the obligations imposed by the Declaration and any supplementary declarations, and shall be sufficient to establish an adequate reserve fund for the maintenance, repair and replacement of those Common Areas which require such actions on a periodic basis. In the event there is any increase in the annual or regular assessment of more than five percent (5%} of the annual or regular assessment for the prior assessment period, then it must be approved as provided for in the Bylaws of the Association which are incorporated herein as though fully set forth. Section Four: Special Assessments for Capital Improvements. In addition to the annual or regular assessmcnts authorized above, the Association may levy in any assessment year, a special assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of capital improvements upon the Common Area, including the necessary fixtures and personal property related thereto. Any special assessment for capital improvements must be approved in accordance with the provisions of the Bylaws of the Association which aze incorporated herein as though fully set forth. Section Five: Rate ofAssessmcnt. Both annual and regular and special assessments shall be fixed at a uniform rate for all Lots. Section Six: Initial Assessment. The initial assessment which shall be paid by any Lot Owner who acquires a lot from the Developer shall be $250.00 for each lot so acquired at time of closing of the purchase of said Lot; that amount shall be paid to, and held by, the Association to pay for association expenses under the terms of this Declaration. This initial assessment shall be in addition to the annual assessment or any pro rated portion thereof which maybe assessed pursuant to Section Seven. Section Seven: Annual Assessment. The annual assessment shall be $120.00 per lot commencing on January 1, 2002. Each lot owner, upon purchasing from a developer or building, shall pay the pro rata portion of said assessment_ Said annual assessment shall be due on or before January 30`h of each year in which the assessment is made. 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SHS-97-B/87-Y1 City of Yelm 1~/ \`~ YELM TON February 26, 2004 Denny Balascio Yelm Property Development 16442 Middle Road SE Yelm, WA 98597 G'ommunity Development Depacrtment 105 Yelm Auenue West P.O. Box 479 Yelm, WA 98597 Re: Comments for Wi11ow Glen Final Plat Application -SUB-04-0012-YL Dear Mr. Balascio: The City has completed its initial review for the above referenced final plat application. There are some items that need revisions. For the items that need changed or corrected, I am sending you back redlined originals. 1. Survey review comments: In addition to the corrections required by the reviewing surveyor in his letter, we have included redline comments on the plat map. Please be sure to correct all items. When you submit your revised plans, please include 3 copies of the full size plat, one 11" x 17" copy, and a mylar set for recording. RETURN ALL REDLINED COPIES. 2. Final Plat Application Fee $750.00 3. Open Space Fee $14,909.51 4. Assigned Savings letter and check for $10,086.75 5. Survey review fees in the amount of $225.00. 6. Add note on plat for Lot 29, that the on-site septic system to be abandoned per Thurston County Regulations prior to building permit application. 7. Homeowners Association CCR's; We did a cursery review of the HOA CCR's. The City feels that per Article 18, Section two and possibly Section three, that you do not have authority to amend these CCR's. Please have this reviewed by an attorney, and provide either a written response that you have legal authority to make these amendments, or provide new CCR's. The above listed corrections must be completed and returned to the City, with all fees paid no later than Wednesday, March 3, 2004 to be considered by the City Council on Wednesday, March 10, 2004. Otherwise, we need all documents and fees by March 17, 2004 to go before Council on March 24, 2004. (360) ,1 i 8-3835 (360) X1.58-3144 FAX wxuu.ci.yelm.ma.wv If City Council approves the final plat, I will meet you at the Thurston County Assessors Office at 9:00 am, the following Friday morning to record your final plat. At that time you will need to bring your property taxes current to the end of 2004, and pay recording fees. If you have any questions, please contact me at (360) 458-8496. Questions regarding the surveyors' comments can be directed to Dennis Baker, (360) 400-5263. Sincerely, v ~~~ Tami Merriman Assistant Planner cc: Grant Beck, Community Development Director Jim Gibson, Development Review Engineer February 26, 2004 Page 2 of 2 February 5, 2004 Ms. Tami Merriman Community Development Director City of Yelm 105 Yelm Ave., W. Yelm, WA 98597 RE: Set-aside bond/landscaping Dear Tami: As per our agreement, I am funding the existing cash set-aside bond to cover the cost of the hydroseeding and plant/tree placements at Willow Glenn, Phase II. 8000 square feet of Hydro Seed $ 600 ~~ ~ v~~ ~~ cU ,~~~' ~~-'~ -~ } ,, .Z; l Viburnum i ~-~t-2 = (' ". ~ ` ,.. Doug Fir trees) ~! ~ "~ ~ ~ i-= ~-~~= - J ~- Hornbeam) ~' ' ~ '"~ ~ _.... 750 ~~~ -~` 1 ~._ <- ~; Road Repair 6,370 ~~ ~~-~ . $7,720: 50% increase 3,860 ` ~~, $11,580 ~` ' ~ v -- Total ~ ~~ Minus existing bond amount 3,000 ~` ~ ~ .~ ~ ~ , ~~ Additional funding needed 8,580 ~~~~ ~~ ~~~C~~SC~- ~ Sincerely, ,. ~~ -- ~ / ~ ~ ~L , Denny~alascio, L~ (J~ Manager Yelm Property Development, LLC