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Final Plat Application Transmittal Appli- Full 11 x Storm Lot Title Full Size Letter cation Size 17 Drain Closures Report Addressing Map Map Report Map submitted prior to a lication Thurston Co. 1-special 1 1 1 1 Assessor City 1 1 1 Administrator Shell Bad er Yelm Police 1 1 1 Chief (Todd Stancil Yelm Building 1 1 1 3 Official (Gary Carlson Thurston Co. 2 2 2 Fire De t. - 2 YCOM Networks 1 1 1 Puget Sound 1 1 1 Ener City Engineer 1 1 2 1 Jim Gibson CDD Planning 1 1 1 1 1 1 1 Tech (Tami Photo copy Merriman of all does CDD Director 1 1 1 Grant Beck Thurston Co. 1 1 1 Communications Ca Com Yelm 1 1 1 Community Schools LeMa Inc. 1 1 1 Yelm Post Office 1 1 1 Yelm Chamber 1 1 1 of Commerce Yelm Public 1 1 1 Works Tim City Reviewing 1-special 1 2 2 1 Surve or File on final on final 1 on final on final on final on final 1 Total 2 special, 19 8 15 2 5 4 4 17 re ular Transmittal Letter -one special for Surveyor, one special for Assessor -listing what we're sending. Then one for everyone else just saying "enclosed is project information." R:\Forms & Procedures\Final Plat\Distribution of Items submitted with final plat.doc Page 1 of 1 YELM CHAMBER OF COMMERCE YELM POST OFFICE DENNIS BAKER GEOMATICS LAND 5JR~1E'f1NG PO BOX 444 POSTMASTER pO 13OX 25b0 YELM WA 98597 YELPR, 'NA 9859' SHELLY BADGER GRANT BECK KEN BECKMAN CITY OF YELM CITY OF YELM COMMUNITY YCOM NETWORKS PO BOX 479 DEVELOPMENT PO BOX 593 YELM WA 97597 PO BOX 479 YELM WA 98597 YELM WA 97597 ERLING BIRKLAND GARY CARLSON JIM GIBBON YELM COMMUNITY SCHOOLS CITY OF YELM COMMUNITY CITY OF YELM COMMUNITY PO BOX 476 DEVELOPMENT DEVELOPMENT YELM WA 98597 PO BOX 479 PO BOX 479 YELM WA 98597 YELM WA 97597 CHIEF RITA HUTCHESON CHIEF MARK KING TAMI MERRIMAN THURSTON CO. FIRE DISTRICT #2 THURSTON CO. FIRE DISTRICT #2 CITY OF YELM COMMUNITY PO BOX 777 PO BOX 777 DEVELOPMENT YELM WA 98597 YELM WA 98597 PO BOX 479 YELM WA 97597 LYNN PEARL TIM PETERSON SARAH SCHAMME THURSTON CO ASSESSOR'S OFC CITY OF YELM PUBLIC WORKS LEMAY, INC. (or Dick Rehn) 2000 LAKERIDGE DRIVE SW BLDG 1 13502 PACIFIC AVENUE OLYMPIA WA 98502 TACOMA WA 984440459 TODD STANCIL GLEN THARP AMY TOUSLEY CITY OF YELM POLICE DEPARTMENT THURSTON COUNTY PUGET SOUND ENERGY COMMUNICATIONS 2711 PACIFIC AVENUE SE 2703 PACIFIC AVENUE SE SUITE A OLYMPIA WA 98501 OLYMPIA WA 98501 Wednesday, May 31, 2006 Final Plat App N O~ N 2 N .\ r ...... •r~... .. \\ I I 1 ~ v \ I I 1 ~ UI \ I I I I I =~o I \\ I I I I I ~~6a I \1 I I I -~ ~, ~ I I a~ ~ I .~ I i i ~D~ i y I ,- ~, I ~C I I I s 01 :38'07' W I J96.00 ~, I I ----- Q 7J.00 50.00 50.00 0 50.00 50.00 I ~ O z 50.00 7J.00 ~' _~ Z A o a t+ Z Z to to r A ~ n; A a •• Z< (1'1 Z ~ m ,.. rn cm~' ,. 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Please note that improvements exist on property. If they have been destroyed, please make sure that the landowner submits a destroyed property form to the Thurston County Assessor. If they are to remain on the property, please include their location on the face of the Plat map. 2. The prefix for the new parcel numbers will be 4299. 3. Taxes are delinquent and will be required to be paid with an assessment of an advance tax. Tiiar~ you. Signature- Dawn Alene Breen 2000 Lakeridge Drive S.W. Olympia, WA 98502-6045 33 (360) 786-5410 FAX (360) 754-2958 TDD (360) 754-2933 x«y~i~~ Pd~~r Transmittal Letter To: Dennis Baker Date: Company: Geomatics Land Surveying Address: PO Box 2550 City, St Zip: Yelm, WA 98597 Re: May 31, 2006 Country Vista File No: SUB-OS-0096-YL Name: Landshapes Northwest, Inc. Items transmitted for: ® Review and comment ^ As Requested ^ For your records ^ Other Enclosed please find the Application, Title Report, Lot Closures (2 sets), and 2 Full Size Plat maps for Case Number SUB-OS-0096-YL, Country Vista, fora 161ot single family subdivision on 3.01 acres. Please review and submit comments to the City of Yelm, Community Development Department, on or before June 12, 2006. Remarks: Signed: Roberta Allen Community Development Administrative Assistant / ~~F THE p~-9~ • Ci o Yelyn a M 105 Yelm Avenue West P.O. Box 479 Y E LM Yelm, Washington 98597 WAS{,INOTON (360) 458-3244 Transmittal Letter To: Interested Parties Company: Address: City, St Zip Items transmitted for: ® Review and comment ^ As Requested Date: May 31, 2006 Re: Country Vista File No: SUB-OS-0096-YL Name: Landshanes Northwest, Inc. ^ C'or your records ^ Other Enclosed please find project information for Case Number SUB-OS-0096-YL (Country Vista), fora 16 lot subdivision on 3.01 acres. Please review and submit comments to the City of Yelm, Community Development Department, on or before June 12, 2006. Remarks: Signed: Roberta Allen Community Development Administrative Assistant The City of Yelm is an Equal Opportunity Provider COMMITMENT FOR TITLE INSURANCE CHICAGO TITLE INSURANCE C O M P A N Y CHICAGO TITLE INSURANCE COMPANY, a Missouri corporation, herein called the Company, for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefore; all subject to the provisions of Schedules A and B and to the Exclusions from Coverage (appearing herein) and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. In Witness Whereof, CHICAGO TITLE INSURANCE COMPANY has caused this commitment to be signed and sealed as of the date of policy shown in Schedule A, the policy to become valid when countersigned by an authorized signatory. Issued by: CHICAGO TITLE INSURANCE COMPANY 3315 PACIFIC AVENUE SE SUITE D1-B OLYMPIA, WA 98501 (360)456-7878 CHICAGO TITLE INSURANCE COMPANY By: - /~ G~v( j~' President O RPOR,~ ti n t ; ~ Authorized Sign ure * •* * ~ Secretary Form C 9800 (Reprinted 09/00) CHICAGO TITLE INSURANCE COMPANY 3315 PACIFIC AVE SE #D-1B, OLYMPIA, WA 98501 PLAT CERTIFICATE Order No.: 2046957 Certificate for Filing Proposed Plat: In the matter of the plat submitted for our approval, this Company has examined the records of the County Auditor and County Clerk of THURSTON County, Washington, and the records of the Clerk of the United States Courts holding terms in said County, and from such examination hereby certifies that the title to the following described land situate in said THURSTON County, to-wit: SEE SCHEDULE A (NEXT PAGE) VESTED IN: LANDSHAPES NORTHWEST, INC., A WASHINGTON CORPORATION EXCEPTIONS: SEE SCHEDULE B ATTACHED CHARGE: $ 2 0 0.0 0 TAX: $16 .8 0 Records examined to APRIL 5 , 2006 at '8:00 AM )/' ~ n By 4`ITj~ MARK A KARJALAHTI Title Officer (360)456-7878 PIATCRTA/RDA/0999 CHICAGO TITLE INSURANCE COMPANY PLAT CERTIFICATE SCHEDULE A (Continued) Order No.: 2046957 LEGAL DESCRIPTION THE NORTH 396 FEET OF THE EAST QUARTER OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 17 NORTH, RANGE 1 EAST, W.M. EXCEPT COUNTY ROAD KNOWN RS MOUNTAIN VIEW ROAD ALONG THE EAST BOUNDARY THEREOF. IN THURSTON COUNTY, WASHINGTON PLATCRTL/RDA/9999 CHICAGO TITLE INSURANCE COMPANY PLAT CERTIFICATE SCHEDULE B Order No.: 2046957 This certificate does not insure against loss or damage by reason of the following exceptions: GENERAL EXCEPTIONS: A. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. B. Rights or claims of parties in possession not shown by the public records. C. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the premises. D. Easements or claims of easements not shown by the public records. E. Any lien, or right to lien, for contributions to employee benefit funds, or for state workers' compensation, or for services, labor, or material heretofore or hereafter furnished, all as imposed by law, and not shown by the public records. F. Liens under the Workmen's Compensation Act not shown by the public records. G. Any service, installation, connection, maintenance or construction charges for sewer, water, electricity or garbage removal. H. General taxes not now payable; matters relating to special assessments and special levies, if any, preceding or in the same becoming a lien. I. Reservations or exceptions in patents or in Acts authorizing the issuance thereof; Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes. J. Water rights, claims, or title to water. K. THIS REPORT IS ISSUED AND ACCEPTED UPON THE UNDERSTANDING THAT THE LIABILITY OF THE COMPANY SHALL NOT EXCEED ONE THOUSAND DOLLARS($1000.00). PIATCRTB/RDA/0999 CHICAGO TITLE INSURANCE COMPANY PLAT CERTIFICATE SCHEDULE B (Continued) Order No.: 2046957 EXCEPTIONS A s c D 1. DELINQUENT GENERAL TAXES: YEAR.: AMOUNT BILLED: AMOUNT PAID: AMOUNT DUE: TAX ACCOUNT NUMBER: LEVY CODE: ASSESSED VALUE-LAND: ASSESSED VALUE-IMPROVEMENTS 2005 $ 1,681.47 $ 840.74 $ 840.47, PLUS INTEREST AND PENALTY 2171 33 10200 170 $ 84,350.00 $ 69,800.00 2. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER 1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES): YEAR: TAX ACCOUNT NUMBER: LEVY CODE: ASSESSED VALUE-LAND: ASSESSED VALUE-IMPROVEMENTS 2006 2171 33 10200 170 $ 84,350.00 $ 69,800.00 GENERAL & SPECIAL TAXES BILLED: $ 1,888.62 PAID: $ 0.00 UNPAID: $ 1,888.62 3. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: LANDSHAPES NORTHWEST, INC. TRUSTEE: CHICAGO TITLE INSURANCE COMPANY BENEFICIARY: FIFE COMMERICAL BANK AMOUNT: $ 201,262.64 DATED: MAY 12, 2004 RECORDED: MAY 17, 2004 RECORDING NUMBER: 3641583 LOAN NUMBER: NOT DISCLOSED THE AMOUNT NOW SECURED BY SAID DEED OF TRUST AND THE TERMS UPON WHICH THE SAME CAN BE DISCHARGED OR ASSUMED SHOULD BE ASCERTAINED FROM THE HOLDER OF THE INDEBTEDNESS SECURED. 4. ASSIGNMENT OF RENTS AND/OR LEASES AND THE TERMS AND CONDITIONS THEREOF: ASSIGNOR: LANDSHAPES NORTHWEST, INC. PIATCRTBI/RDA/0999 CHICAGO TITLE INSURANCE COMPANY PLAT CERTIFICATE SCHEDULE B (Continued) Order No.: 2046957 ASSIGNEE: DATED: RECORDED: RECORDING NUMBER: FIFE COMMERICAL BANK MAY 12, 2004 MAY 17, 2004 3641584 s 5. EXCEPTIONS AND RESERVATIONS CONTAINED IN DEED FROM THE STATE OF WASHINGTON, WHEREBY THE GRANTOR EXCEPTS AND RESERVES ALL OIL, GASES, COAL, ORES, MINERALS, FOSSILS, ETC., AND THE RIGHT OF ENTRY FOR OPENING, DEVELOPING AND WORKING THE SAME AND PROVIDING THAT SUCH RIGHTS SHALL NOT BE EXERCISED UNTIL PROVISION HAS BEEN MADE FOR FULL PAYMENT OF ALL DAMAGES SUSTAINED BY REASON OF SUCH ENTRY; RECORDED UNDER RECORDING NUMBER 605288. r RIGHT OF STATE OF WASHINGTON OR ITS SUCCESSORS, SUBJECT TO PAYMENT OF COMPENSATION THEREFOR, TO ACQUIRE RIGHTS OF WAY FOR PRIVATE RAILROADS, SKID ROADS, FLUMES, CANALS, WATER COURSES OR OTHER EASEMENTS FOR TRANSPORTING AND MOVING TIMBER, STONE, MINERALS AND OTHER PRODUCTS FROM THIS AND OTHER PROPERTY, A5 RESERVED IN DEED REFERRED TO ABOVE. END OF SCHEDULE B H MK/SM PIATCRB2/RDA/0999 -u~u~ I f311-0501 O O lL-d437 31~-0101 ~1 -O1 -0301 I O~~z t1 03 d 4 31-01 O2 O ]B 3A ®-0` ~ C~'r0106 43 OI08 43 0105 ~3-010 ~3 -' ~ -1'~ " SS- 296 ~~ ~~ ~~;n tr ~T!~ ss-oe3 _ t~~ , sr'>~~~' t t1~~ O s~ 4 .p X~ . 8t~4~~ ~ ~~~,b;ut,~ l ss-~ 62 O O ~6 O 'S ~.~~•"' SS-7823 z 1 ~ 0106 pram TaL1'~ '~' " ~~~ " ~~~~ ~~ ~~ 1[~3-0102}3-.0104 ®-01 eLn-o2a9 ~G;Vt- - PLO O >? FrO (~ 34 0501 2 34 03 Ss-2460 ~~ 0504 3~-0404 ~" 3~- 0502 0-02 ®-03 a ss~ eoi 34-040 1 O C-1 SPR GUE' O\ O ~ 30-0505 ~ /00402 -~ ] 1os~,Do, ,0 1 ~ ]4 n03 EXCLUSIONS (Cont'd.) Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. ALTA LOAN POLICY FORM (10-17-92) The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separa- tion in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encum- brance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the Tien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services, labor or materials (or the claim or priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is con- tracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a iudQment or lien creditor Thurston County Treasurer -Tax Statement [-New Search Back 03 00 AM Thursday i A r~irl3t 006 Y. P Account Information Pro a Number: 21713310200 Tax a er: LANDSHAPES NORTHWEST INC Mailin Address: 1151 112TH ST E Cit State Zi : TACOMA WA 98445 Abbreviated Le al: Section 13 Townshi 17 Ran a SE E Pro a Location: 9125 SE MOUNTAIN VIEW RD Tax Code Area: 170 Land Value: $84 350 Buildin Value: 69 800 Tax Rate er 1 000: 12.10 Payment Information Page 1 of 2 O Due15%1~~006 Due10d/31~2006 Current Year: 944.31 944.31 Amount Paid: .00 .00 Amount Due: r Pay $944.31 r ;944.31 Pa Prior Years Amount Due 2004• r X1,059.20 Pa Trough ~n agreement between the Thurston Counttyy Treasurer an Barr~t7lcc o Arri9e k © ~ nca , you can ma e pa ments direct) from our Y Y checking or avings account by using I~PO (Remote Payments Online). hro additional fees are charged for this service First _._._ .. _. __ ........ . click the checkboxes next to amounts due (on lines with yellow backgrounds) then click the "Submit Payment" button. Submit Payment Click this link for more information. Tax Bill Detail 2006 Pro a Tax: $1 865.46 Other Char es Conservation District: $5.20 Stormwater: Weed Control: 3.46 State Forest Patrol Princi al: 14.50 Total Other Char es: 23.16 Total Tax and Other Char es: $1,888.62 2006 Total Billed: $1,888.62 Prior Year Taxes/Char es Details 2004 $1, 059.20 Total Prior Years Due: $1,059.20 Click the detail b ttons on the total lines to see billin ~etails for that ear. Payment History Property Tax/C~ther Charges Statement Thurston County Treasurer -Tax Statement Year Amount Billed 2005 $1,771.70 2003 $1,404.69 2002 $1,037.45 2001 $250.72 Click the highlighted year buttons on each line to see billing details for that ear. Page 2 of 2 WHEN RECORDED RETURN TO LANDSHAPPS NORTHWEST, INC 9125 MOUNTAIN VIEW ROAD SOUTHEAST YELM, WASHINGTON 98597 I1nnfWn Comgy YYMnar p RalEsteUF=dwr ~'aapld~~~'O•.7~1 ~ 7 4i~}',~ xr~~ ~;7~.~~~ "l ~ Br ~ V ~ ~~1 1() ii ~V ~ ~PatY CHICAGO TITLE INSURANCE COMPANY ,r~ ~~~~ 4295815 STATUTORY WARRANTY DEED Dated: MAY 12, 2004 THE GRANTOR DENNIS F. WHfIEAND IANEI' E. WHITE, HUSBAND AND WIPE far and in consideration of TIN DOLL4RS AND OTHER GOOD AND VALUABLE CONSIDERATION in hand paid, conveys and wartantsto L4NDSHAPPS NORTHWEST, INC., A WASHINGTON CORPORATION the following dcsm'bed real estate situated in the County of THURSTON State of Washington: Tax Account Number(s): 21713310200 THE NORTH 396 FEET OF THE EAST QUARTER OF THE SOUTH HALF OF THE NORTHEAST QUARTER OP THfi SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 17 NORTH, RANGE 1 EAST, W.M. EXCEPT COUNTY ROAD KNOWN AS MOUNTAIN VIEW ROAD ALONG THE EAST BOUNDARY THEREOF. IN THURSTON COUNTY, WASHINGTON SUBJECT TO: EXCEPTIONS AND RESERVATIONS CONTAINED IN DEED FROM THE STATE OF WASHINGTON, WHEREBY THE GRANTOR EXCEPTS AND RESERVES ALL OIL, GASES, SEE ATTACHED DESCRIPTION ~~~~~~ DENNIS F. WHITE .- ~~~~~ `C%~~ ET E WHRE swo/rtnn/aes 3641582 Description : Thurs ton ~ ATA Doct2ment-DoCID 36415821 ~~II~~ I~I~I ~I~I~I III III) I~~I ~~II~I ~~I ~II~~ ~~II III ~ g`g ~ Ca;2 Ua . 9 4aaNr o s22.ee rte, CHICAGO TITLE INSURANCE COMPANY Escrow No.: 429SS15 ~~IT A Title No.: 2429313 COAL, ORES, MINERALS, POSSILS, ETC., AND THE RIGHT OF ENTRY FOR OPENING, DEVELOPING AND WORKING THE SAME AND PROVIDING THAT SUCH RIGHTS SHALL NOT BE EXERCISED UNTIL PROVISION HAS BEEN MADE POR PULL PAYMENT OF ALL DAMAGES SUSTAINED BY REASON OP SUCH ENTRY; RECORDED UNDER RECORDING NUMBER 605288. eecxx/rda/0899 I ~II~I III IIIIII III VIII IRIII III~I III III III) III OSa~11S2000 { 2'2ZP Description__Thurston,WA Document-DocID 3641582 Page. 2 Of ~NY ~ 32z.ee rrK,~scon co. u, STATE OF WASHINGTON SS COUNTY OF PIERCE ON THIS ~ 3 DAX OF (J (~G , 2004 BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC ZN AN POR THE STATE OF WASHINGTON, jZULY COMMISSIONED AND SWORN, PERSONALLY APPEARED ~~•~ 00MPALQY AND KNOWN TO ME TO BE THE INDIVIDUAL(S) DESCRIBED IN EXECUTED THE WITHIN INSTRUMENT AND ACKNOWLEDGED THAT THEY SIGNED AND SEALED THE SAME AS THEIR FREE AND VOLUNTARY ACT AND DEED, FOR THE USES AND PURPOSES HEREIN MENTIONED. ~° /---~ NO ARY SIGNATURE PRINTED NAME: v` ~~~ K 1~ICl~}2tn{e!I NOTARY PUBLIC I FOR THE STATE OF WASHINGTON RESIDING AT ^ MY COMMISSION C IRE ON - o~ -7-G.~ NOTARY PUBLIC State of Washington SANDRA K. McOANkEL Commlglonlrplra Jt1LY 27, 2001 (III IIII IIIIII IIII If.l) ~I~III II~~ kIl illll IIII IIII ~9158~Q ~ z4zza Description: Thurston, WA Docsffient-DocID 3641582 Page: 3 of 4~aa+v D y22.00 m~~ston co. u.. STATE OF WASHI GTON COUNTY OF ~(-r-~-~ i certify that I know or have satisfactory evidence that ~~~'7/S ~ ~~~ ~ is the person who appeared before me, and said person acknowledged that signed this Instrument and acknawtedged it to be _~ -~ ~ free and voluntary act for the uses and purposes mentioned in the instnment. DATED: ~._ / t-~ Z' NOTARY PUBLIC State of Washington SANDRA K, McDANIEL Commliaion Ezplna JULY Z7, Zpp7 ~fc~.. ~G f'"l~t,~',~, Notary Public My appointment expires A-7 -lndtvlduai Capadty II~III I~~I~ ~I~I~ti~~l ~I~II f~~~l~ Ilf~~l I~I I 3641582 ~~~I~ ~~~I I~~I 05117/2 OA 12422P CHICAGO TITLE COMPANY b 622.00 Thurston Co. uo Description: Thurston, WA Document-DocID 3641582 Page: 9 of 9 RETURN ADDRESS: Flip CanmarcW Bank 5209 Paclac Highway E flis, WA 98424.2638 ~~~mmyu~.~ 2~ . ~i~i`~Cyl ~ DEED OF TRUST DATE: May 12, 2004 Reference # (if applicable: Grantor(sl: 1. Landshapes Northwest, Inc. Granteels) 1. Fife Commercial Bank 2. Chicago Title Insurance Company, Trustee Additional on page Legal Description: PTN NE SW 13-17-1E Additional on page 2 Assessor's Tax Parcel ID#: 21 71 331 0200 THIS DEED OF TRUST k dated May 12, 2004, among Landshepes Northwest, Inc., A Washington Corporation, whow address la 1151 E 112th St., Tacoma, WA 98445 ["(irantor'1: Flfe Commerdal Bank, whose melting address is 5209 Pacific Highway E, Fife, WA 98424-2836 (rsierrad to bsbw wmatimea as "Candor" and aomatirnaa as "Beneficiary"-; and Chicago Title Insurance Company, whose maltlng address is 3315 Pacific Ave SE #0.18, Olympia, WA 98501 (referred to below as "Trustee"). JJ ,,,NNffII InnIu,uIIII 3641583 ~~III ~I~ ~III~ III rl~l~ I~I~ I~I~I I~ ~II.I I~I II~ es ~ 7/2004 12922P Description: Thttrston,WA Doct~eat-DocID 3641583 Page: Z of 9~"y or f2a.0e Thuraeon ce. ua. DEED OF TRUST ~Continued- Page 2 CONVEYANCE AND GRANT. For valuable eonsklareUon, Orontes eonwys to Trustee in Wst whh power of sob, rlgM of army and pouassbn and fa rite barnflt of Lander as Bare}klary, all of Grantor's right, tkle, and interest in end to the folbwing described real property, together with all existing or subsequently erected or affixed buildings, improvements end flMwes: ell easements, rights a1 way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with ditch or irrigation rightcl; and as otigr r;ghtc, royalties, and profits relatl~+@. to the real property, (ncluding without limitation all minerals, oil, pas, geothermsl end almilsr matters, ithe "Reel P-Op6rty") located in Thurston County, State of Washington: THE NORTH 396 FEET OF THE EAST QUARTER OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 17 NORTH, RANGE 1 EAST, W.M. EXCEPT COUNTY ROAD KNOWN AS MOUNTAIN VIEW ROAD ALONG THE EAST BOUNDARY THEREOF. IN THURSTON COUNTY, WASHINGTON. The Real Property or its address is commonly known as 9125 Mountain View Rttad SE, Yekn, WA 98597. The Reel Property taz identification number is 21713310200 CR088-COLLATERAUZATION. In additon to the Notes, this Deed of Trust aecwes all abligatlons, debts and Ilabilities, plus inl6rast thereon, of Grantor to Lender, or any one or more of them, as well ac all claims by Lender against Grantor or any one or more of them, whether now axistirtg or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct ar indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated whether Grantor may be IisWe Individually or jointly with others, whether obligated as guaraMOr, surety, accommodation party or otherwise, end whether recovery upon such emounta may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such emoums may be or hereafter may become otherwise unenforceable. FUTURE ADVANCES. Specifically, without limitation, this Dead of Trust secures, in addition to the amounts apeeitied in the Note, all future emounta Lander in its discretion may ban to Grantor, together with ail interest thereon. Grantor hereby assigns as security to Lender, all of Grantor's right, title, end interest in and to all leases, Rents, and profits of the Property. This assignment is recorded in accordance with RCW 85.08.070; the lien created by this assignment is intended to be specific, perfected and shoats upon the recording of this Oead of Trust. Lender grants to Grantor a license to collect the Rents and profits, which Ibense may be revoked at Lender's option and shall be automatically revoked upon atceleradon o} all or part of the Indebtedness. THIS DEED OF TRUST, N7CLUDINO THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, M ONEN TO 8ECURE IAI PAYMENT OF THE INDEBTEDNESS AND IBI PERFORMANCE OF ANY AND ALL OeL10AT10N8 UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS ONEN AND ACCEPTED ON THE FOLLOtMNO TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Dead of Trust, Granwr shall pay to Lander all amounts secured by this Deed of Trust as they become due, and shag strictly and in a timely manner perform all of Grantor's obligations under the Note, this Dead of Trust, and tits Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Gramor agrees that Grantor's possession and use of the Property shall be governed by the folbwing provisions: Pwsassion and Uss. Until the occurrence of an Event of Default, Grenta may I11 remain in posaeeaion and control oT the Property; (21 uea, operate or manage the Property; and t31 collect the Rents from the Property (this privilege is a license from Larder to Grantor automatically revoked upon defaulU. The folbwing provisions relate to the use of the Property or to other limitations on the Property, The Real Property Is not used principally far agricultural purposes. Duty to Makttain. Grantor shalt maintain the Property in tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve Its value. Camp6artea 1M1IIUt Env4cnmartpl Laws, Grantor represents and warrams to Lender that: Ill Oaring the period of Grantor's ownership of tM Property, there hsa been no vas, generation, manufacture, storage, treatmem, disposal, release or threatened release of sny Hszardaus Substance by any person on, under, about or from the Property; 121 Grantor has no knowledge of, or reason to believe that there has been, except as previously diacbsed m end acknowledged by Lender in writing, lei any breach or violation of any Environmental Laws, Ibl any use, generation, manufacture, storage, treatment, disposal, relesae or threatened release of arty Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c1 any actual or threatened litigation or claims of any kind by any person relating to each matters; and 13) Except as previously dbcbaed to end acknowledged by Lender In writing, la1 neither Grantor nor any tenant, contractor, agent or other suthorized user of the Property shall use, generate, manufacwra, store, dear, dispose of or release any Hazardous Substance on, under, about or lrom the Property; and Ibl any such activity shall be conducted in compliance with all applicable lederal, state, and bcal laws, reguletbna and ordinenees, including whltotrt limitation ell Environmemai Lawc. Grantor authorizes Lender and its sgenta to enter upon the Property to make sash inspections and tests, at Grantor'9 expense, ae Lender may deem appropriate to determine compliance of the Property with this section of the Decd of Trust. Any inspections or testa made by Larder shall be for Lender's purposes only and shall not be construed to create sny rsaponsibllity or liability on the part o1 Lender to Grantor or to any other person. The representations and warranties contained Mrein ire based on Grantor's due dNigence in investigating the Property fw Hazardous Substances. Grsntar hereby 111 releases end waives any futwe claims agalrtst Lender for Indemnity or convibution In the evert GreMOr becomes liable for cleanup or other costa antler any such laws; and 121 agrees to indemnify and hold harmless Lender against arty end ell claims, tosses, liabilities, damages, penalties, and expenses whbh Lender may directly or Indirectly awtain Of salter resulting from a breech of this section of the Deed of Trust or as a consequence o/ any use, gerterotlon, manufacture, storage, disposal, release or threatened release occurring prior to Gramor'a ownership or interest In the Property, whether or rot the came was or should have been known to Grantor, The provialone of this section of the Deed of Trust Including the obligation to Indemnify, shall survive the payment of the Indebtedness end the sadsfacdon and ret:onveyance of the lien of this Deed of Trust and shall not be affected 6y Lsndsr's acquisttlon of any interest In the Property, whether by forecbsurs or otherwise. Nuisance, Waata. Grantor shalt not cause, conduct or permit any nuisance nor commit, permit or salter env IINII IIIII Ih~ IIII ~~II ~II IIII III (IIII IIII IIII ~69158~34 f 2gzza CHICAGO TITLE CORPRNY D1 E25.00 Thurston Co. Ua. Description: Tht=z'ston,i~A Doct>ment-DocSD 3641583 Page: 2 of 9 DEED OF TRUST (Continued) Page 3 stripping of or woofs on or to the Property or any portion of the Property. Whhout limiting the generality of the foregoing, Grantor will not remove, or grant to any other party the right to remove, any Hmber, minerals (Including of end gesl, coal, clay, scoria, soil, growl or rock products wthout Lender's prior written consent. Removal of Improwmenb. Grantor shall rot demollah or remow nny Improwments from the Real Property witfaut Lender's prior written consent. As • condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to replace ouch Improvements with Improvements of at least equal value. LendN't Right to Enter. Lender and Lender's agents and repreaeMativae may enter upon the Reel Property at all reasonable times to attend to Lender's Interests and to inspect the Real Property for purpocae of Grantor's compliance with the terms and cordidone of this Daed of Trust. Compiance with Gowrnnrarrbl Requlremenb. Grsntor shall promptly comply, end shell promptly cave compliance by all agents, bnants or other persons or antltlas of every nature whetsoewr who rant, lease or otherwise we or occupy the Property In any manner, with ell Iowa, ordinances, and regulations, now or hereafter in effect, of ail governmernal autfaridea applicabb to the ueo or occupancy of tf» Property, including without limitation, the Americans Whh Dicabilitlac Act. Grantor may contest in good tahh any such law, ord'mence, or regulation end withhold compliance doing arty proceeding, including appropriate appeals, ao long as GfaMOr has notified Lender in wridrg prior to darg so and so bog aa, (n Lender's sole opinion, Lerxfer'c interests in tits Property ue not jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lsndar'a Iniwsat. Duty to Probst. Grantor agross neither to abandon or Maw unattarded the Property. Grantor shall do all other acb, in addition to those acU set forth above in tfws section, which from the character and use of the Property are reasonably necessary to protect and praserw the Property. DUE ON SALE -CONSENT 0Y LENDER. Lender may, W Lender's option, (A) declare Immedlatsly dw and payable all aurae secured by this Deed of Trust or IBI increase tM intsrsat rata provided for in the Note or other document evidencing the lndebbdneta and Impose such other conditions m Lender deems epproprlate, upon the sale or transfer, without Lender's prior written content, of all or any part of the Real Property, or any Interest h the Reel Property. A 'sale or tronafar' means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal, beneficial or equitable; whether vduntary or Involurrtary; whethw by outright sale, deed, iratellment sale contract, land contract, contract for deed, bseehokl interest with s term greater than three 131 years, lease-option contract, or by sale, assignment, or transfer of any beneficial interact in M to arty land trwt holding fhb to the Real Property, or by any other method of eenveyance of an interest in the Rsel Property. If any Grantor is a corporation, partnership or limited liability company, transfer also ineludea any change in ownerohip of more then twenty-five percent 125%I of the voting stock, partnership iMSresb or limited liability company interest, ss the teas may be, 01 such Grantor. However, this option aheN not 6e exercised by Lender if such axarciaa is prahibhed by federal bw or by Weahington law. TAXES AND DENS. The following provisbns relatirq to the taxes and ibrts on the Property ere part of thin Deed of Trust: Payment. Grantor shall pay when dw (and in all events prior to deurquencyl all taxes, special taxes, assessments, chargaa (including orator and sewer), flnsa and Impositkxrs bvbd against ar on account of the Property, and shall pay wMn dw ell claims }or work dons on ar for services rendered or malarial lurnhhad to the Property. Grantor shall meirtbin the Property pee of all liens having prbrity over or egwl to the interest of lender under this Deed of Trust, except for the Ilan of taxes end assessmertta not dw and except sa otherwise provided in this Deed of Tract. Right to CarttaW. Grantor may whhhald payment of any tax, astesement, or cbim in connection with a good faith dispute over the obligation to pay, co kxtg as Lender's Inbreat in tfw Property b rat jeopardized. If a Ibn arises w is filed as a reauh of nonpayment, Grantor shah whftin flftaen (15) days after the lien arises or, if a Nen is filed, within fifteen 1151 days after Grantor has notice of the NNrtg, secure the discharge of the lien, or it requested by Lsndsr, deposit whh Lender cash or a wfficient corporate surety bond or other security Eadafactory to Condor in an amount sufficient to discharge the lien plus any sects and attorneys' feat, or other charges that could accrw as a result of a forecbaure or tale under the lien. In any eonteat, Grantor shell defend itseH end Lender end shell satisfy arty adorns judgment before enforcement aosinst tM Property. Grantor shall Hams Lender es an additbnal obligee under any surety bond turniehed in tM contest proceedings. Evidence of Payment. Grantor shah upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments end shall authorize the appropriate gowrrsnsMal offk:ial to deliver to Lander at arty time a written WebmeM of the taxes and aases:manb against the Property. Nodes oT Conttruttdon. GfaMOr shall notify Lender at beat fifteen (15) days before etry work b commenced, any services ere furnished, a any materials aro supplied to the Property, it any mechanic's lien, materbimsn's lien, or other lien could be saaerted on account of the work, servicsa, or matenala. Grsntor wig upon regwst of Lender /umish to Lander advance assurances aetlefactory to Lender that Grants can and wiN pay the Coat of ouch improvements. PROPERTY DAMAGE WSURANCE. The fogowing provielona relating to Insuring the Property ere a pert of this Deed of Trutt. Malntsrurta of Inwnnu. GreMOf shall procure and maintain polkiec of fire insurance with standard extended cowrege endorsements on a replxement beats for the full Irteureble valor covering all Improvements on the Real Property in en amount suHbbnt to avoid applkation of any eoirtsurance clause, ant with a Woodard mortgagee clause in favor of lender. GraMOr shall also procure and malnts{n comprehensive general liability inawance b such cowrege amouMC as Lender may regwst with Trustee erd larder being named as addhional insureds in such liability Insurance policies. AdditionaNy, GraM01 shall maintain each other insurance, including but not limited to hazard, business interruption, and bolbr insurance, as Lender may reasonably requre. Pdicba shall be written in form, amounts, cowrsgea and beau reasonably accaptabb to Larder and iswed by a company or companbe reasonably accepbbb to Lender. GroMOr, upon raqusW of Lender, will dsilwr to Lender from time to time the policies or certiticatea of ineurarae in form satisfactory to Lander, including sdpulWions that coverages wits not be cancelled or diminished without st beW ten (101 days prbr written notice to Lender. Each inevance policy also shell include an endorsement providing that cowrege in favor of Lender will not be impaired in any way by any act, omission or default of GraMOr or arty other peroon. SMuld the Reel Property be focetad in en area designated by the Director of the Federal Emergency Msnagemem Agency as a special flood hazard area, Granter agrees to obtain and maintain Federal Rood Insurance, it available, within 45 days after notice b given by Lender that the Property ie IocWed in a eptciel food hazard area, for the full unpaid prineipsi balance of the loon and any prior Nena on the property securing the ban, up to the maximum pdky limps oat under the National Flood Insuraroe Program, or as otherwise required by Lender, end to maintain such insurance for the term of the ben. AppNcatbn of Praceeda. Grarrta shall promptly notify Lender of arty bas or damage to the Property. Lender may Descri tfon: Thurston iWA Doct~ent-DocID 36 IIIIIII II~II IIIIII IIII III IIIIII IIIIII III VIII IIII IIII n6971/•J2004 ,s9z2P P 41583 Page. 3 of 9pnjrf DT j2fs.efi Thu~acon co. ua. DEED OF TRUST (Continued) Page 4 make proof of lose if Grantor fails to do so within 1Htoen 1151 days of the caswtty. Whether or not Lender's securhy le impaired, Lender may, at Lender's election, receive and retain the proceeds of any Insurance and apply the prtx:eada to the raductbn of the Indebtedness, paymem of sny lien affecting the Property, or the restoration and repair of the Property. It Lender elects to apdY the proceode to restoration and repair, Gramor shall repair or replace the damaged or destroyed Improvements in a manner catislactory to Lender. Lender shall, upon satisfactory prop} of such expendhure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or rostorotien if Grantor is not in default under this Deed of 7rwt. Any proceeds which have not been diaburesd within 1 BO days after their receipt end whbh Lender has not commhted to the repair or restoration of the Property shell be used firet to pay any amount owing to Lender under this Deed of Trwt, then to pay accrued imereat, end the remainder, it any, shall be appled to the principal balance of the Indebtedness. li Lender holds any proceeds after payment in full of the Indebtedrteas, such proceeds shall be paid without interest to Gramor as Grantor's interests may appear. Gramor's Report on Imwanca. Upon request of Larder, however not more than once a year, Grantor shall furnish t0 Lender a relMrt on each existing policy of insurance showing: 111 the name of die insurer; (2) the risks insured; 13- the amount of the pdicy; 141 the property insured, the then current replacement value of ouch property, and the manner of determining that value; and 151 tfa expiration date of the policy. Grantor shall, upon request of Lender, have an independent appraiser aadsfectory to Lender determine the cash value replacement coat of the Property. LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in the Property or if Grantor fails to comply with any provision a} this Deed of Trwt or sny Related Oocumante, including but not limited to Granta'a failure to discharge or pay wfwn due any amoums Grantor is required to discharge or pay under this Deed of Trust or arty Related Documemc, Lender on Grantor's behalf may Ibut shall not be obligated tot take any action that Lender deems appropriate, Including but not IfmheO t0 discharging or paying all taxes, Ilona, aecwity interests, encumbrances and other claims, at any time levied or placed on the Property and paying all costs for iruuring, maintaining and preserving the Property. All such expenditures Incurred or paid by Lender tot such purpoeas will then bear interest at the refs charged under the Note from the date Incurred or paid by lender to the data of repayment by Grantor. All such expanses will become a part of the Indebtedrreq and, at Landsr'a option, will IA1 be payabb on demand; IB1 be added to the balance of the Nots and be apportioned among and ba payable with any installment payments to become due doming either 111 die term of any applicable inwrartce policy; or 12- the remeinirtg term of the Note; or (CI be frosted oa a balloon payment which will fro due and payable et the Note's maturity. The Beed of Trust alto will secure payment o/ those amounts. Such right shall be in addhion to all other rights aril remedies to which Lender may ba emided upon Delauh. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownarehip of the Property are a part of this Deed of Trwt: Thle. Grantor warrants that: lal Grantor holds good and marketable title of record to the Property in fee simple, free and clear of all lieru and encumbrances otter than those set forth in the Resl Property dascriptbn or In any dUe insurance policy, tide report, or final tide opinion issued in favor oL and accepted by, Lender in connection with this Deed of Trust, and Ibl Grantor hoc the full right, power, and authority to execute and deliver this Decd of Trwt to Lander. Defense of Thle. Subject to the exception in tfxl paragraph above, Grantor warrants and will forever defend the tide to the Property against the lawful claims of all persona. In the event any action or proceeding is commenced that qusstbns Gramor'c title or the interact of Tructea or Lender under this Deed of Trust, Grantor shall da(end the xdon at Grantw'e expense. Grantor may bs the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding end to bs represented in the proceeding by wunsel of Lender's own choice, and Grantor will deliver, or cause to ba delivered, to Lender ouch (nswments as Lender may request hem Nme to time to permh such participation, Compfhncs With Laws. Grantor warrants that the Property and Grantor's we of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authomiee. Survhnl of Ropreaamations and Wlrtamlea. All represantedone, warranties, erd agreements made by Grantor in this pond of Trwt shall survive the execution and delivery of this Dsed of That, shell be continuing in nature, and shall remain in full force and effect until such time as Grantor's Indebtedness shall be paid in full. CONDEMNATION. Tfxi folbwing provieiona relating to condemnation procaedinga ere a pert of this Deed of Trwt: Proeaedktgs. If sny proceeding in condemnaton la filed, Grantor shell promptly notify Lender in wdting, and Grantor shall promptly take such steps as may be necessary to defend tfa acdan and obtain the award. Grantor may be the nominal party in aueh proceeding, but Lender shall be entlded to participate in the proceeding and to ba represented in d,e proceeding by counsel 01 its own tholes all at Grantor's expense, and Grantor will deliver or eauea to be delivered to Lender such iratrumanta end dxumentetbn as may bs requested by Lender from time to time to permit such participation. Appacatktn of Net Proceeds. If ell or any part or the Property is condemned lrr eminent domain proceedings or by any proceeding or purchase in Ileu of condemnation, Lender may at fts election require that all or arty portion of the net proceeds of the award be applied to the Irdebtednass or the repair or reetoreUon of the Property. The net procwds of the award shall mean tM award after payment of ail reasonable costa, expenses, end attorneys' tees incurred by Trwtea or Lander in connection with the condemnation. IMPOSITION OF TAXES. FEE9 AND CHARGES BY GOVERNMENTAL AUTHORITIEB. The following provisions relating to govemmsmal taxes, lees and charges are a part of this Deed of Trwt: Cumm Taxes, Foes and Charges, Upon requaet by Larder, Gramor shell execute such documema In addition to this Deed of Trust and take whatever other action fe requested by Lender to perfect and eominue Lender's lien on the Real Property. Grantor shag reimburse Lender for all taxes, as tieacribed below. together with ail expanses incurred in recording, parfecdrtg or cominuing this Daed of Trust, Including wkhout Iimitatlon ell texas, lase, documentary stamps, end other charges fa recording or registering thle Dwd of Trust. Taxes. Tha following shall constitute taxes to which this cecticn apples: Ill a opecilic tax upon thu type of Deed of Trust or upon sq or any part of the Indebtedness secured by this Deed of Trutt; 12- a specific tax on Grantor which Gramor le authorizetl or required to deduct from peymema an the Indebtedness aetlured by this type of Deed of Trust: 131 s tax on this type of Deed of Trwt chargeable sgelnet the Lender or the holder of the Note; and 14) a specific tax on ail or any portion or tits Indebtedness or on peyrnema of principal end interest made by Grantor. Subsegwnt Texas. If anY tax to which this aect(on apples Is enacted suWequent to the date of thin Deed of Trwt, this evem shall have the same effect as an Event o1 Default, end Lender may exorcise any or all of its available remedies for an Event of Default ae provided below unless Grantor either 111 pays the tax before it becomes delingwrrt, or 12> conteate the tax as provided above In the Taxes and Liens aaetbn and deposhc whh 111111 iIIN illlll IIII III III~I 111111 III illll IIII NII 1; X34 ; 29~p CHICAGO TITLE COMPANY DT S29.a0 Tfwrston Co. Wa. Description: Thtsrston,lBlA Docttmant-Doc2D 3641583 Page: 4 of 9 DEED OF TRUST Continued) Pegs S Lender cash or a sufficient corporate surety bond or other security catiafactory tc Lender, SECURITY AGREEMENT; FINANCWG STATEMENTS. Ths following provlelona relating to thin Deed of Trust as a security agreement are a pert of this Deed of Trust: Security Agreemerrt- Thls Instrument shell constitute a Security AgresmeM to the extent any of the Property constitutes fixtures, and lender ahsll have ell of the rights of a secured party under the Uniform Commercial Code as emended from time to Lima. Security Interest. Upon request by Lender, Grantor shall take whatever action is requested by lender to perfect end corttinua Lender's security interest in the Rants and Parwnal Property. In addition to rscortgng this Deed of Trust M the real property records, Lender may, et any time and witftout further euthaization from Grantor, file executed cotxlterparh, copies or reproduetiona of this Dsed of Trwt a s fktancing statement. Grantor shall reimburse Lander for all expenses Incurred in perfectirq or continuing this security imerest. Upon default, Grantor shall not remove, savor or detach the Personal Property from the Property. Upon default, Grantor shall assemble any Personal Property not affixed to the Property In s mamsr and at a place reasonably convenient to Grarrcor and Lender end make it avalhbk m Lander within three 13) days after receipt of written demand from Lander to the extsm permitted by applicable law. Addresses. The malting addresses of Grantor (dabmrl and Lander laecured party) from which information conceming the security Imagist graM~ by this Geed of Trust may be obtained leach as required by the Uniform Commercial Coda) era as shred on the firer page of tNs Daad of Tryst. FURTHER ASSURANCES; ATTORNEY-IN-FACT. The lollowing provisions relating to further eseurencee and attorney-in-fact are a part o} thin Daad of Trust: Further Assunncss. At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, or will cauw to bs made, executed or delivered, to Lander or to lender's designee, and wfren requested by lender, cease to bs filed, neordsd, reflled, or rerecorded, u the case may be, at such times and in such offices and plecea sa Lender may deem appropriate, any and dl such mortgages, deeds of trust, security deeds, security agresmema, financing ahtemsnh, condrwetion statements, instruments of further aasuranca, eartit(eatas, and other documents as may, In the wle opinion of Lender, be necessary a desirable in order m effectuate, complete, perfect, continua, or preserve 111 Gremor'e obltgaYtons under tM Note, this Deed of Trust, and the Related Documents, and 121 the Ilene and security iMereste snared by this Deed of Trwt as first and prior Yens on the Property, whetMr now owned or hereafter acquired by Grantor. Unless prohibited by law or Candor agrees to the contrary in writing, Granmr shall reimburse Lerrder for all seats and expenses incurced in cannecdon with the marten referred to in title paragraph. dttamsy-fn-Fact, I} Grantor failo to do any of the things refereed to in the preceding paragraph, Lender may do so for and in the Hama of Grantor and at Grarttor'a expanse. For such purposes, Grenttx hereby irnvocably appoinh Lender as Grantor's attorney-in-fact for tlw purpose of making, executing, daliwring, filing, recording, and doing all other things sa msy bs necessary or desirable, in Lender's sole opWOn, to accomplish the mattes referred m in the precadirp paragraph. FULL PERFORMANCE. If GlaMOf pays all the Indebtedness, includirg without limitstktn ag future advances, when due, and otherwise performs all the obligations impoaad upon Grantor under this Dead of Trust, lender shall execute and deliver to Trustee a rsqueat for full reconvaysnca and shall execute and delver to Gnmar auka6le ehhments of termination of any tinancirq ahhmem on file evidencing Lender's security irttereat in the Rents and the Personal Property. Any reconveyance fee shall be paid 6y Gramor, if permitted by applceble Lew. The grsrrtee in any reconveyance may be deacribad as the 'person or paraon9 bgally entiWd thereto', and tits racihla in the roconveyanee of any matters or facts shall be concluciva proof of the truthfulness of any such matten or }acre. EVENTS OF DEFAULT. Each of the folowing, at Lander'a option, shall constitute an Evam of Defeuit under thin Deed of Trust: Payment Dehrth. Grantor fails m make any payment when due under the Indebtedness. OIMr Defaults. Grantor fails to comply with or m perform any other term, obligation, covenem or condition comained In this Deed of Trust or in any of the Related DoCUmanh or m comply with or m perform any term, obligation, eovensm or condition contained in any other agreement between Larder and Granmr. Comppance Dehuh. Failure m comply with any other term, obligation, covenant or condition cortained in this Oead of Trust, the Note or in any of the Related Documents. DNault on OtMr Psymsnb. Failure of Gnmof within rite time required by this Deed of Tent to make arty payment for texas or inwrance, or any otfwr payment necessary to prevent fitkrg of or to effect dlechage of any lien. False Ststentsrrts. Any warrenty, rapraeematbn or statement made or furnished m Lender by Grenttx or on Grantor's behalf under this Dead of Trust or the Ralatad Documattts 4 false or misleading in arty material respect, either now or st the time made or furnished w becomes false or misleading at any Nme thereafter. Dehetlvs Colataalhstbn. This Dead of Trust or arty of the Related Documents ceases to ba in full force end effect (incltdirtg failure of any collateral document m create a valM and perfected security Interest or lien! et any time and for any reason. Insolvency. Tha dissolution or termination of Grantor's exietenee as a gar+g buslnese, the insolvency of Grantor, the appointment of s receiver for any pert of Grantor's property, any esaignmsM for the benefit of creditors, any type of creditor workout, a the commencement of any proceeding untie any bankruptcy or insolvency levee by or stlainat Grantor. Gedha w Ferhhtws Proces~ngs. Commencement of forecbsure or lorleiture Draceedinga, whether by judicial proceeding, self-help, repoasesalon or any other method, by any creditor of Grantor or by any governmental agency agalrtst any property secwing the Indebtednasc. This includes a gamisfwnent of any of Grantor's accounts, Including deposit accourts, with Lander. However, thb Event of Default shall not apply II there is a good faith dispute by Grantor ere to Live vafld'rty or reuona:,leness of the claim which is the basis of the creditor or forfehtXe proceeding and if Grantor gives Lander written notice of the creditor or forfeiture proceeding and daposih with Lender monies tx a surety bond for tM creditor or fortakure procesdkg, in an amount determined by Lsndsr, in its sole discretion, ea being an adagwta reserve or bond for the tllspute. Rneeh of OtMr Agrearrnt. Any breach by GroMOf under the terms of arty otMr agreement between Grantor and Lender that is not remadled wkhin any grace period provitled therein, including without Ilmitation arty agreement concerning any indebtadnece or other obligation of Grantor to Lender, whether existing rtow or later. Events Afhtltlnp 6wranmr. Any of the preceding events occurs with respect to any GuaeMOr of arty of the Indebtedness or any Guarantor tike w basemen incompetent, a revokes or disputes tfa vNidity at, or IIabINty under, any Guaranty of the Indebtedness. In the event of a death, Lender, at its option, may, but shall not be IIIIIIVIII Iliin IIII II~IIIIIIIIII~IIII alit ~9 3~or 9 IIIIII 200412.22P Description: Thlu'ston,Tf1A Document-DooID 3641583 Page: 5 of 9~RNr DT s2a.ee Th..~.~,... ~., rr_ DEED OF TRUST (Continued) Pege s required to, permit the Guarantor's aerate to assume uncorditbnally tM obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing ao, cure any Event of Dafeult. Adwrae Change. A malarial adverse change xcurs in Grernor's financial condKlon, or lender believes the prospect o} payment ar per}ormence of the Indebtedness ie impaired. Insecudty. Lander in good faith believes itself insecure. RqM to Cure. if arty default, other than a default In paynNnt is curable and If Grantor has not been given a notice of a txeech of the same provision of this Oeed of Trwt witirin the Dreceding twelve 1121 months, it may be Cured it Grantor, aher receiving written notice from Lender demanding cure of such default: (11 cures the default within fihaen (16) days; or (2) if the cure requirec more than fifteen (16) days, immediately initiates steps which lender deems in Lender's sole discretion to ba sufficient to cure the dafauh and theresher continues and compotes all reasonabb end necessary steps sufficient to produce compliance as noon as reasonably practical, RIGHTS AND REMEDIES ON DEFAULT. It an Event of Osfauh occurs under this Deed of Trust, at any time thereaher, Trustee or lender may exercise any one or more of the following rights and remedies: Ektetlon of Remedhe. Election by Lender to puraw any remedy shall not exclude purauh of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Deed of Trust, aher Grantor's failure to perform, shall not affect Lender's right to declare a default and exercise !ts remedies. Aocsbrab Indsbtsdnesa. Lender shall have the right at its option to declare the entire Indebtedness immediately due and payable, including any prepayment penalty which Grantor would ba required to pay. Porsdowre. With respect to all or any part of the Real Property, the Trustee shall have the right to exercise its power of sale and to torsclose by notice and sale, and Larder shall have the right m foracbae by judicial forecosure, in either cats in accordance with and to the full extent provided by applbable law. UCC RemedNe. With respect to all or any part o1 the Personal Property, lender shall have all the rights and remedies of a eecwed party under the Uniform Commercial Cods. Collect Rsrns. Lender shall have site right, without notice to Grantor to take possaeabn of and manage the Property and collect the Rents, including amounts past dw end unpekf, and apply the net proceeds, aver and above Lender's costs, against the Indebtedness, In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rem or use fees directly to Lender. I1 the Rerna are collec'tad by Lender, then Grantor irrevocably designates Lender ac Grantor's attorneyirrfact to endorse instrumarrts received in payment thereof In rite name of Gramor and to negotiate the came and collect the proceeds. Payments by tenants w outer users to Lender in response to Lender's demand shall satisfy the obligations fa which the payments are made, whether or not any proper grounds for the demand existed. Larder may exercise its rights under this subparagraph either in person, by agent, or through a receiver. AppokK Rewivsr. Lender shall have the right to have s receiver appointed to take posseaaion of all or any part of the Property, with the power to protect and preserve the Property, to operate the Prtrperty preceding or pending faecbture or tale, and to collect the Rents from the Property and apply the proceeds, over end above the cost of the receivership, against the Indabtedneae. The receiver may serve whhout bond if permitted by law. Lender's right to the appafntmam of a receiver shall exist wftethsr or not the apparern valor of the Property exceeds the Indabtadneas by a subatamiai amount. Employment by Lender ahdl not diagwllly a person from serving 63 a receiver. Tenanry al SuNsrance. If Grantor remains in possession of the Property aher the property is sold as provided above or Lender otherwise becomes enttled to possession of the Property upon default of Grantor, Gramor shell become a tenant at sufferance of Lender or the purchaser of the Property end shall, at Lender's option, either !1) pay s reasonable remal ror the use of the Property, or 121 vacate the Property immediately upon the demand of Larder. Other RemadNs. Trustee or Lender shall have any other right or remedy Drovided in this Deed of Trwt or the Note or by few. Notlee of SaH. Lender shell give Grantor reasonabe notice of the time end place of any public Bale of the Personal Property or of the time after whbh any private seta or other intended diapoalNon of the Personal Property is to be made. Reasonable notice shell mean notice given et least tan (101 days before the time of the sale or diapoehion. Any Bale of the Personal Property may ba made In ConJunction whh erltr sale of the Raal Property. Sala of tM Property. To the extant permitted by applicable law, Grantor hereby waWw arty end all rights to have the Property marshalled. In exercising its rigirts end remedies, the Trustee or Larder shall be free to sell atl or any part of rho Property together or separately, in one sale or by separate setae. Lender shall be entitbd to bid at any public sale on all or any portion of rho Property. Attameyi Feee: Expenses. H Lender inatiMes any suit or action to enforce arty of the terms of this Deed of Trust, Lender shell be entitled to recover such sum ae the coon may adjudge reasonable ee attorneys' fees at trial and upon any appeal. Whether or rot any court acton la IrnWved, end to the extern not prohibited by law, all reasonable expenses Lender Incurs that in Lender's oplnbn era necessary at arty tlme far the protectlon of its Interact or the enforcement of iu rights shell become s part of the Indebtednew psYable on demand end shell bear interest at tM Nots rata from the date o1 the expenditure undl repaid. Expenses covered by this paragraph include, wthout limitatbn, however subject to any limits under spplbable law, Lender's attorneys' tees and Lender'a legal expenses, whether or not there is a IawsuiG including ettorrteya' fees and experoea for bankruptcy proceedings (intruding efforts to modify ar vacate any automatic stay or injunctbnl, appeals, and any anticipated poet-judgment collection servicos, the coat of searching records, obteinlrq thle reports Ilncludirtg foreclosure reportal, surveyors' reports, and appraisal fees, tide insurance, and fees for the Trustee, to the extent permitted by eppNcabb law. Grantor also will pay any court costs, in addtion to all other some provided by law. Rights of Trustee. 7ructea shall have all of tlx3 rights end duties of Lander as sot forth in this section. POWERS AND OBLIGATIONS OF TRUSTEE. The following provlebne reletirtg to the powers and obligations of Trustee Ipurswnt to Lender's Instructional are part of this Deed of Trust: Pawen of Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee shall have the power to take ti>a following actions with respect to the Property upon the written regtroet of Lender end Gramor. (al loin in Weparing and filing a map or plat o1 the Real Property, includlrp the dedication o1 streets or other rights to the public; (bi join in grarriing any easement or creating any restrbtion on site Real Property; anti Icl Join in any subordinatbn or other agreement affecting this Dsed of Trust or tM Interest of Lender under this Dead of Trutt. Obpgations to NotHy. Trustee shall not be obligated to notify any other Derry of a pandirq sale order arty other trust dead or lien, or of any action or proceeding in which Grantor, Lander, or Trustee shall fxa a party, unless required by applicable law, or unless the eetion or proceedirp Ia brought by Trustee. III/IIII~IlIIIIIIiIIVIIIInIII (~~IIIUIIIIIINIII g15g 150 ~z9~2p CHICAGO TITLE Cg7PgNT OT 528.00 Thurston Co. Wa. Description: Thtirston,TiA Document-DocID 3641583 Paoe: 6 of 9 DEED OF TRUST (Continued) Pags 7 Trustee. Trwtee shall meat all gwlificatione required for Trwtes under epplbabls law. In addition to the rights and remedlea eat forth above, with respect to ell or any part of the Property, the Trwtes shah have tiro right to foreclose by notice and aaie, and Larder shall have the right to foreebae by judicial forecbaure, in either Case in aecordence with and to the full extant provided by applicable law. Successor Trustee. Lender, at Lender's optbn, may from time to time appoint a successor Trustee to any Trustee appointed under thin Deed of Trwt by an Instrument executed and acknowledged by Lender and recorded In the office of the recorder of Thurston Coumy, Stets of Washington. The inetrumem shall contain, in addition to all other matters required by stele Isw, the nemea of the original Lender, Trwtee, end Grantor, the book and page a the Audkor'a file Ntanbsr wftere this Deed of Trwt Is recorded, and the name and address of the successor trustee, and the Instrument shall be executed and acknowledged by Lender or its successors h imersst. The successor trustee, without conveyance of the Property, shall succeed to all the tide, power, and duties conferred upon the Trustee In this Dead of Trust and by applicable law. This procedure for aubaNtutlon o/ Trwtee shall govern to the exclusion of all other provicionc for substitution. NOTICES. Subject to applicable law, and except for nodca required or allowed by law to be given in another manner, any notice required to be given under this Deed of Trust, including without limitation any ratite of defauh and any notice of sale shall ba given in writing, and shall be effective when actually delivered, when actually received by telefecsimile (unleea otherwise required by level, when dapoalted with a nationally recognized overnight courier, or, i1 mailed, when depoekad in the United Stsas mall, as Hret class, cartifled or registered maN postage prepaid, directed to the addrasaes shown near the beginning of thin Dead of Trwt. AN caples of nodcse of forecloaura from the holder oT any Ilan which has prlortry over this Deed of Trwt shall be sent to Lender's address, as shown near the bagiming of this Dead of Trust. Any party may change its address for nodces under this Deed of Treat by givirq formal written notice to the otfrar gentles, cpecifying that the purpose of the ratk:e M to change the party's address. For notks purpocea, Grantor agrees to keep Lender infonnad et all times of Grantor's current eddrsaa. Subject to applicable law, and except for notice required or allowed by law to be given in another mamer, if there Is more than one Orentor, any rotice given by Lender to any Orsmor is deemed to bs notice given to all Grantors. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions ere a part of this Deed of Trwt: Amandmenn. This Deed of Trust, togetMr with arty Related Oocurrwnu, conatitutea the entlre underatardirq and agrearnent of the Parties as to the matters set forth in this Deed of Trwt, No alteration of or amendment to this Dead of Trull shell be affective unlesB given in writing and signed by the party or parties Bought to be charged or bound by the alteration or amendment. Annual Reprxu. N the Property le used for purpoaee other than Grantor's rosidencs, Grantor shall famish to Larder, upon regwst, a cerdfied statement of net operatng income received from the Property during GfaMOr's proviow fiacsl year in aueh form and detail as Lender shall require. 'Net operating income' shall mean all cash receipts from the Property leas all cash expenditures made in connection with life operation of the Property. laptlon lleadngs. Caption headings in this Deed of Trwt ere fa convenlence purposes only and are not to be wad to interpret or define the pravislone of this Deed of Trust. Nlergar. There shell ba no merger of the interest or estate created by this Deod of Trwt with any other imersst or estate in the Property at any time held by or for live benefit of lender in arty capacity, without the written consent of Lender. Gowrnhg Law. Thle Dead of Trust wNl ba gawmad by, construed and enforced In accwdanca vvlth federal lees and the laws of the 8taa of Waehbtgton. Thle Dnd of Trwt has bean accepted by Lends h the Stag of Washington. Choke of Venw. H there is a lawsuit, Grantor agrees upon Lender's regwat to submit to the Jurisdiction of the courts of Pleroe County, State of Washington. No Waiver by Lender. Lender shall not be deemed to have waived arty rights under this Deed of Trwt unbsa such waiver is given in writing and signed by Lender. No delay or omleabn on the part of Lender in exercising any right shall operate ae a waiver o1 such right or any other right. A waiver by Lender of a provision of this Dead of Tract shall not prejudice or canctituta a waiver of Lender's right otherwise to demand strict wmpliance with that provislan ar any other proviabn of this Deed of Trust. No prior waiver by Lender, nor arty courw of dealing between Lander end Grantor, shell conetftute a waiver of arty of Lender's rights or of any of Grantor's obggetbna ea t0 any futtxe Vanaactbna. Whenever the consent of Candor b required under this Deed of Trust, the greming of such coroem by Lander in any instance shall not consdtuta condnuing consent to subsegwnt imtances where such consent is required and in all cease ouch convent may be granted or withheld In the sole discretion of Lander. SeverablNry. If a court of competent Jurlstlbtlon tintls any proviabn of this Geed of Trull to ba Ilbgel, irnelid, or unenforceable as to any circumstance, that finding shall not make iha offending proviabn illegal, invalid, or unenforceable as to arty other circumstance. if leaaible, the offending proviabn aheli be conaiderad modifed so that It becomes legal, valid and enforceable. It tfi9 offending proviaicn cannot be w modified, it shell be considered deleted from this Deed of Trust. Unless otherwise requred by Isw, the illegality, hvalldiry, w unenforceabiliry of any provision of this Daad of Trust shall not effect the legality, validity or enforceability of any other provision of this Deed of Trwt. Suocesson and Asafpns. Subject to any Gmitatlone stated in this Deed of Trwt on transfer of Gramor's imerert, th73 Deed of Trwt ahsN ba binding upon and inuro to the benefit of the parties, their successors and assigns. If ownsrahip of the Property becomes vested in a person other than Orerrtor, Lender, whhout notice to Grantor, may deal wkh Grantor's sueeesaora with reference to this Oeed of Trwt and the Indebtedness by way of forbearance or extension without releasing Grantor from the odigetione of this Deed of Trwt or liabilhy under the Irdabtedneas. Time le of tM Essence. Time is of tits essence in tM performance of this Dead of Trust. Wales Jury. All partlea to thh Daed of Trust hereby wales the right to any Jury trial M sty actbn, procee~ng, or countereWm brought by any Party agalnat any other party. Waive- of Mumeatgd Exsmptlon. Granter frercby ralaesea and waives eU rights end benefits of the homestead exemptbn laws of the State of Washington as to all Indebtedrwae secured by this Daed of Trust. DEANRIONS. The followlnp caphelizsd words and terms shall have the folbwing meanings when used In this Deed of Trust. Unless epec{fically stated to Me comrory, all refersncas to dollar amounts shall mean amouma in lawful money of the Unhsd States o1 America. Words and rums used In the aingular shall include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise defined in this Oaad of Trwt shall have the meanings attributed to such tams In the Uniform Commercial Coda: Berretklary. The word 'Beneficiary' means fife Commercial Bank, end hs auccasaare and asaigna. Borrower. The word 'Borrower' means Landahapea Northwest, Inc. and includes all co-signers and co-mekera signing the Note. DEED OF TRUST (Continued) Pags 8 Deed of Trust. Tha words 'Dead of Trust' mean this Deed of Trust among Grantor, Lender, and Trustee, and includes without limitation all assignment and security interest provisions relating to the Personal Property and Rents. Defeuk. The word 'Default" means the Default sat lorth In this Deed ai Trust In the sectldn titled 'Default". Environntentd Laws. The words 'Envlronmerttal Laws" mean any and all state, federal and local statutes, regulations and txdinartces relating to the protection of human health or the environment, including without limitation the Comprehanaiw Environmental Response, Compensation, end Liability Act of 1980, as amended, 42 U.S.C. Section 9801, et seq. I"CERCLA"1, the Superfurd Amendments end Reauthorization Act of 1988, Pub. L. No. 99-499 1'SARA'), the Hazardous Materials Traneportetbn Act, 49 U.S.C. Section 1801, et seq., the Resource Conservation and Recovery Act, 41 U.S.C. Section 8901, et seq., or other applicable state or federal laws. rules, or regulations adopted pursuant thereto. Ewnt of De}auk, The words 'Event of Default" mean any o} the events of defauk set forth In this Deed of Trust in the swots of defauk section o} this Deed of Trust. GraMO-. The ward "Grantor" means Landshapes Northwest, Inc.. Guarantor. The word 'Guarantor' means any guaramor, surety, or accommodation r»rty of any or all of the Indebtedness, Guaranty. The word 'Guaranty' means the guaranty from Guarantor to Lander, including wkhout limitation a guaranty of ell or part of the Note. Hazardous Substances. The words "Hazardous Substances' mean materials that, because of their quantity, concarrtretion or physical, chemical or infectious characteristics, may cause or pose a presem or potential hazard to human health or the environment when improperly used, Usetsd, stored, disposod of, generated, manufactured, Venaportad or otherwise handled. Tha words 'Hazardous Substances' are used In their very broadest sense and include wkttout gmkation any end all hazardous or toxic substances, materials or waste as defined by or listed under the Environmental Laws. The term 'Hazardous Substances' also includes, wkhout Ilmltatlon, petroleum and petroleum by-products or any frsctbn thereof and asbestos. Improvements. The word "Improvements" means all existing and future improvements, buiWinga, structures, mobile homes affixed on the Real Property, lacillties, additions, redacements end other construction on the Real Property. Indebtedness. Tfte word 'Indebtedness' means all principal, interest, and other amounts, costa and expenaea payable under the Note or Related Documents, together with all renewals of, extensona o1, mtxlificationa of, consolidations of and subatkutions for the Note or Related Documents and arty amounts expended or advanced by Lander to discharge Grantor's obligations or exparaas Incurred by Trustee or Lender w enforce Grantor's obligations under this Dsed of Trust, together with interest on such amounts u provided in this Deed of Trust. Speclficelly, without Ilmkatbn, Indebtedness ineludea the tutttro sdvattcea set forth In the Future Advances provision, together with all interest tfteraon end all amounts that may be Indirectly secured by the Crosa•Cdlateralization provlsbn of this Deed of Trust. Lender. TFw word "Lander' means File Commercial Bank, its succeseaa end esalgna. Nou. me word "Nate" means the promissory note dated Mey 12, 2004, fn tits Original principal emourlt Of $201,282.64 hom Grantor to Lender, together with ell renewals of, extensions of, modilications of, reftttaruings oi, consolidations of, and wbstltutlons for the promissory note or agreement. NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE. Personal Property. The words 'Personal Property' mean all equipment, fixtures, end other artielea of personal property now or hereafter ownod by Grantor, end now or hereaker attached or ef8xed to the Reel Property; together with ell acceulona, parse, and additions [o, all replacements of, end ell subsHtutbns for, any of ouch property; and togettisr wkh all Issues and profits thereon and proceeds (Including without limitation all inaurence proceeds and refunds of premiums) from any sale or outer disposition o/ the Property. Property. The word 'Property' means collectively tfM Rael Property and the Personal Property. Reel Property. The words 'Real Property' mean the reel property, Intersats and rights, as furtfter described in this Deed of Trust. Related Docranenb. The words 'Related Documents' mean all promiaaory notes, credit agreements, loan agreements, environmental agreements, guaranties, aecurlty agretxneMa, mortgagee, deeds of trust, security deeds, coeateral mortgagee, end all otlter irtetrumems, agreements end docurttems, whether now or hereafter existing, executed in connsctlon with the Indebtedness. Reins. The word 'Rants' means all prasem and lutura rents, revenues, Income, issues, royalties, profits, and otMr benefits derived from the Property. Trustee. Tha word 'Trustee' means Ch~ago Tkle Insurance Company, whose mailirp address is 3315 Pacific Ave SE xD-1 B, Olympia, WA 98501 and any substitute or successor truateee. GRANTOR ACKNOWLEDGES HAYING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND GRANTOR AGREE8 TO ITS TERMS. GRANTOR: LAND APE NfO~RTHWEST NC. 8Y C:b, L me Prq n ndshapes NoMwee4 Inc. II~III~IIII~IIIIIIIIIIIIIIIII~IIIIIIIIIIIIIIIIII Osr9`gooa ,z9zzP CHICRGO. TITLE COMPAIIY DT j2f1.,il0 Thurston Co. Wa. Description: Thtsrston,AlA Document-DocID 3641583 Page: 8 of 9 DEED OF TRUST (Continued) Pege 9 ,,,~~~ `'t,~,rr~ r a COf~PORATE ACKNOWLEDGMENT .~'~~r~;;-,~ sr~ i_ J J1 =Q= o°a~s~~,rc w~° STATE OP rr, ~ /~~ ~ NOSA R Y : p ~ _ .,.~ e r rr~~',,l` lse ~;N~,;,PUBLIG;', COUNTY OF W( 1 ~''l•, 7p_3.0; .~ ~ s~ /may/ F'•.. .. ~~ ~; On this ' /~ day of / , ~~ 20 ~'Ibbtq~fine~~>~rMh~erapned Notary Public, personally appeared Paul Lubbaamayer, President of Landahapea Northwest. Ina., a~~reonaliy known to me or proved to me on the foals of satisfactory evidence to be an authorized agent of the corporation that executed the Deed of Trust and ackrowledped the Deed of Trust to be the free and voluntary act and deed of the corporation, by eutfq 'ty of its 8ylawa by resolution of its f»ard of directors, for the uws and purpoaea therein mentioned, and on oath ated that she authorix execute this Deed of Trust and in fact executed the Deed of Trust on 6ehelf of e~ ,ie . c ~u/L--~ ltaaldr,a at ~ /~~ and fo the ~ tiAy eommlnlon expkM ~ "J'Z/_ . REQUEST FOR FULL RECONVEYANCE To• ,Trustee The tutderslpnad ie the legal owner and holder of all indebtedness aecurod by this Deed of Trust. You are hereby requested, upon payment of ell sumo owing to you, to recornay without warranty, to the persona entitled thereto, the right, title and irnereat now held by you under the Deed of Trust. Dates: Benafkiary; By: Ib: 111111 ~ 111111111 IIIII ill Iliill III III NII illl ~le~ f 29 Descriptioa__Thurston,TPA Docr2ment-DocID 3641583 Page: 9 of 90ftPIWY DT Sza.ee Thurston co. RETURN ADDRESS: FIt~ Commva4l rink 5208 P~~(a N19hw~y E Flr~. WA 98424-2639 `^~17~7 mi.~ ASSIGNMENT OF RENTS Reference ~ (if applicable!: Grantor(s): 1. Landshapas Northwest, Inc. Grantee(s) 1. Fife Commercial Bank Additional on page Legal pescription: PTN NE SW 13-17-1 E Additional on page 2 Assessor's lax Parcel IDq: 21713310200 THIS ASSIGNMENT OF RENTS dated May 12, 2004, is made and executed between Landahapes Northwest, Inc., A Washfnpton Corporation, whose address is 1151E 112th St., Tacoma, WA 98446 (refened to below a: "Grantor") and Ff~ Commerciai Benk, whose ma8ing address is 5209 Pacific Highway E, Flfe, WA 98424.283!3 (refened to below as "Lender") IlII~~II~II~I~II~I~I~~~~~I~~~III~~II sag 15134of e II~~ rzooa ,~.np Description: Thurston,tOA Document-DocID 3641584 Page: 1 of 6ir asscN sz4.0e Thuraten c„ ~. ASSIGNMENT OF RENTS IContlnued) Page 2 ASSIGNMENT. For valuable consideration, Grantor hereby assigns, grants a continuing security interest in, and conveys to Lender ell of Grantor's right, tttla, end interest in end to the Rents from the following described Property located In Thurston County, State of Washington: THE NORTH 396 FEET OF THE EAST QUARTER OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 17 NORTH, RANGE 1 EAST, W.M. EXCEPT COUNTY ROAD KNOWN AS MOUNTAIN VIEW ROAD ALONG THE EAST BOUNDARY THEREOF. IN THURSTON COUNTY, WASHINGTON. The Property or its address is commonly known as 9125 Mountain View Road SE, Yelm, WA 98597. The Property tax Identiffcatlon number is 21713310200 CROSS-COLLATERALIZATION. In addition to the Note, this Assignment secures alt obligations, debts and pabillriea, plus interest thereon, of Grantor to Lender, or any one or more of them, as well ae ell claims by Lender against Grantor or arty one ar more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due ar rwt due, direct or indirect, determined or undetermined, absolute or corningent, liquidated or unllquidated whether Grantor may be liable individually M jointly with others, whether obligated as guarantor, surety, accommodatlon party or otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of Ilmitationc, end whether the obligetlon to repay such amounts maY ba or hereafter may become otherwise unenforceable. FUTURE ADVANCES. Specifically, without limitation, this Assignment secures, in edditian to the amounts specified in the Note, all future amoums Lender in its discretion may loan to Grantor, together wiM all interest thereon. Ttf18 ASSIGNMENT IS GIVEN TO SECURE 111 PAYMENT OF THE INDEfiTEDNESS AND 121 PERFORMANCE OF ANY AND ALL OSUGAT10N3 Of GRANTOR UNDER THE NOTE, THIS ASSIGNMENT. ANO THE RELATED DOCUMENTS. THtS A5316NMENT IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Assignment or any Related Documents, Grantor st+e11 pay to Lender all amounts secwed by this Assignment as they become due, and shell strictly perform all of tremor's oWipetiona under this Assignment. Unless and until Lender exercises its right to collect the Rents as provided below end so long as there is no default under this Assignment, Grantor may remain in possecslon and control of and operate and menage the Property and collect the Rents, provided that the granting of the right to collect the Rents shalt not conetltuta Lender's consent to the use of cash collsterei in a bankruptcy proceeding. GRANTOR'S REPRESENTATIONS AND WARRANTtE5. Grantor warrants that: Ownership. Grantor ie endded to receive the Rents tree and clear of all rghts, loans, liens, encumtNances, and claims except as disclosed to and accepted by Lender in writing. RIgM to Assign. tremor has the full right, power and authority to enter into this Assignment and to assign and convey the Rants to Lender. No Prior AssignmaM. Grantor has not previously assigned or conveyed the Rents to any other person by any irotttlment now in force. No Further Transfer. Grantor will not sell, assign, encumber, or otherwise dispose of any of Grantor's rights in the Rents except as provided In this Assignment. LENDER'S RIGNT TO RECEIVE AND COLLECT RENTS. Lender shall have the right et any time, end even though no default shall have occurred under this Assignment, to collect and receive the Asnts. For this purpose, Larder is hereby given and granted the tollowlnp rights, powers end authority: Notice to TsneMS. Lander may send notices to any and all tenants of the Property advising them of this Asslgrvnant erd directing all Rents to he paid directly to Lender or Lender's agent. Engr the Property. Lender may enter upon and take possession of the Property: demand, eolkct and receive from the tenants or from any other persoro liable therefor, all of the Rents; institute and carry on all legal proceedings necessary for the protection of the Property, including such proceedings as may be necessary to recover poseesalon of the Property; collect the Rents and remove arty tenant or tenants or other persona hom the Property. Maintain the Property. Lender may emer upon the Property to maintain the Property and keep the same in repair; to pay the costa thereof end of all services of all empbyees, Including their equipment, and of all continuing coati and expenses of maintaining the Property in proper repair and condition, and also to pay all taxes, assesameMS end water utilities, end the premiums on fire and other insurance aMacted by Lender on the Property. Compllanee with Lewa. lender may do any and all things to execute and comply with the laws Of the State oT Waehington and also all other laws, rules, orders, ordinances and requirements o1 all other governmental agencies aHecting the Property. Lassa the Property. Lender may rent or lease the whole or any part of the Property for such term w terms end on such condltbtta tut Lender may deem appropriate. Empby Agents. Lender may engage such agent or agents as Lender may deem appropriate, either in Lender's name or in Grantor's Home, to rent and manage the Property, including the collection and application of Rents. Other Acd. Lander may do all such other thinga and acts with raspsct to the PrapertY as Lander may deem appropriate end may act excluelvely and solely in the place and stead of Grantor and to have all of the powers of Grentor(ortha purposes stated above. No Retptlremern to Act. Lander shall not be required to do any of the foregoing sate or things, and the fact that Lender shall have performed one or more of the foregoing acts or thinga shall not require lender to do any other specific act or thing. APPLICATION OF RENTS. All costs and expenses incurred by Lender in connecrion with the Property shall be for Grantor's account and Lender may pay such costs and expenses from the Rentc. Larder, in its sole dlecretbn, shalt determine the epplicetlon of any end ell Rents received by h; however, any such Rents received by Lender whkh are not applied to such costa and expertise shell be applied to the Indebtedness. All expenditures made by Lender under 111111 VIII VIII fill ~lll l~il NNII NI IIIN Illl-1111 ~ 1~~4 f za~2P CHICAGO TITLE CORPRNY LISSGAI 324.00 Thurston Co. Wa. Description: Thtsrston,TiA Doctzment-DocID 3641584 Page: 2 of 6 ASSIGNMENT OF RENTS• (Continued) Pege 3 th(e AasipnmaM end not reimbursed from the Rants shall become a pert of the Indebtedness secured by this Assignment, and shell be psyeWe on demand, with interest at Ute Note rata from date of expenditure until paid. FULL PERFORMANCE. If Grantor pays ap of the Indebtedness when due and olfterwiee performs sN the obligations imposed upon Grantor under this AasipnmaM, the Nota, and the Aeleted Documents Lender afros execute antl deliver to Grantor a suitable aadafactbn of 21tia Aaslgrwnent end suitable aritementa of termination of any financing statement on file evidencing Lender's secudty intareat In the RenU end the Property. Any terminatan tee required 6y law shall be paid by Grantor, if Permkted by applicable law. LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in the Property or if Grantor falls to comply with any provision of tilts Assignment or any Raleted Dxuments, including but not Iimkad to Grentor'a failure to discharge or pay when due any amounts Grantor Ia required to discharge or pay under thla Assipnment or any Related Documents, Lender on Grantor's behalf may lbut shall not be obligated to) take any action that Lender deems appropriate, irtcludlnp but not kmitad to discharpinp or paying eS texea, Dena, security imereats, encumbrances and other claims, et any time bvied a pieced on the Rents ar the property and paying eh costa for insuring, malntaininp and preserving the Property, AU such expenditwes incurred or paid by Lender for such purposes will then 6aar interest at the rats charged under the Nuts from the date incurred or paid by Lender to the data of repayment by Grantor. All ouch expenses will become a pert of the Indebtedness and, at Lender's option, will (A) be payable on tlemaM; (B) he added to the balance of the Note and ba epponbned among and be payable with any installment peymanta to become due during ether (t) the term of any appllceble insurance policy; or l2) the remairring term of the Note; or (C) be treated es a balloon payment which will be due and payable at the Note's maturity. The Assipnment also will secure payment of these amounts. Such right shall be in addition to all other rights and remedies to which Lender may bs eMkled upon Defauk. DEFAULT. Each of the following, at LerxNr's option, shall constitute an Event of Defeuk under this AasipnmaM: Payment Defeuk. GreMOf }ails to make erry payment when due under the Indebtedness. Otlrer Defsuhs. Granter fails to comply with or to perform any other term, obligation, covenant or condiuon contained in this Assipnment or in arty of the Related Documents or to comply wkh or to perform any term, obligation, covenant or coMtlon Contained In any other agreement between Lander and Grantor. Wfauk on Other PaYinsnts. Failure of Grantor within the time required by thin Assipnment to make any payment for taxes or iraurance, or arty other payment necuaary to p[event fifirtp of or to effect discharge of any ben. Fslae Starimartts. Any warranty, repreaentadon or statement made or furnished to (-ender by GraMOr or on Grantor's behalf under this Assignment or [he Related Documents K false or mialeadlnp in any material respect, either now or et the lima made or famished or Ixcomn false or misbeding at any time thereafter. Defet:Uve Copatereisatbn. Thla Assipnment or any of the Related Documents ceases to be in fug force end effect lineluding failure oT any collateral document to create a vend end perfected security Interest or lianl at any time and for arty reason. InsWveney. The dbaolution ar termination of Grantor's existence as a going trusineea, the insolvency of Gratnor, the eppolntment of a receiver for arty part of Grantor's property, any asslgrerrent for tits benefit of creditors, any type o} creditor wakau[, or the commencement of any procaedinp under any bankruptcy or insolvency laws by or against Grantor. Gedltor or Forfeiure Proceedings. Commencement of foreclosure or forfeiture proceedirge, whether by judicial proceeding, self-help, reposaeasion or any other method, by any creditor of Grantor or by any powrnmental agency against the Renri or arty property securing the Indebtadnecc. This includes a gamislznent of any of Grantor's accounts, Ineludlnp deposit accounts, with Lender. However, this Event of Ds}aWt :hell not apply i1 there is a good faith dispute by Grantor as to the vefidity or reaaonableneas of the claim which is the basis of the creditor or ftxfeiwrs proceeding and If Grantor Aiwa Lender written notice of the creditor or /orfekure proceeding end deposits with Lander monies or a surety bond }or the credtor or forfeiture proceeding, In an amount determined by Lender, in its aofe discretion, as being an adequate reserve or bond for life dispute. Property Damage w Loss. The Property is bat, stobn, subatentially damaged, add, or borrowed against. ~~ Arnmfng Owra++tw. Any of the preceding events occws with respect to any Guarantor of any of the Indebtedness or any Guarantor disc or becomes Incompetent, or revobs tx dkputea the validity of, or liebilky under, any Guaranty of the Indebtedness. In the event of s death, Lander, M Its option may, but shall not be required to, permit the Gwrentor's estate to asaums uncoMltbnelly the obligations aridn manner eadsfactory to Lender, end, in doing so, cure any Event of De(auk. g uMer ~ guaranty in a Adverse Change. A material adverse thongs occvs in Grantor's financial condition, or Lender believes the prospect of payment or per}amance of the Indebtedness is impaired. Insecurky. lender in good faith believes iriaH inascure. Cwe Provhlorrs. If any defeWt, other than a defeat in payment is curable and it GraMOr free not bean given a notice of a breach of tM same provfdon of thin Assipm+ent wthin the preceding twelve 112) menthe, it may be curod if GfaMOr, shat raesivirtp written notice from Lerxfer demeMinp curs of such default: f11 cures tM dsfauh within fifteen 1761 days; or (21 if the ewe requires more Nan fifteen (151 days, immediately initiates steps which Lender deems in LeMer'a sole discretion to be sulTicient to cure the default and theraafler continues and completes ail reasonable and necessary slept suffklem to produce compliance ae soon es reaaonebly practical. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of anY Event of Defauk and et any time thereafter, lender may exercise arty one or more of life following rights and remedies, in eddifion to any other rights or remedlea provided by taw: AcceNrab fndebtadnps. Lander shall have the right et its option without notice to Grantor to declare the entire Indebtedness imrnsdiately due end payable, including any prepeymeM psnehy which Grantor would ire required to PaY• CoNact Rents. Lender shall haw the right, without notice to Grantor, to take poeeeu~n of the Property and Collect tM Rents, Including amounts peat due end unpaid, and apply the net proceeds, over and above Lender's costa, against the Jndabtednesa. In furtherance of Mia rlphL LaMar shall have all the riphb provided for in the LaMer'a Right to Receive and Colect Rents Section, above. If the Rents ere cdlected by Lender, then Grantor irrevoceGly designates Lender ae Grantor's attorney-In-fact to andorae inatrunente received in payment thereof In the name of Grantor end to nepodate the same and collect tM proceeds. Payments by tananri or other users to Lander In reaponaa to Lender's demand shell satisfy the obllgsdona for which the peymanri era mode, whether or not any proper grounds for the dement existed. Lender may exercise its rights under this a+rbpsraprsph ekher in person. by age M, a through a receiver. APPOfnt Reeeiwr. Lender shall have the right to have s receiver appointed to take pouesslon of all or any pert of . IIII~IIlI~I~f~11Nn1111 - 3641 ~IIII~IIIININIII(IIII Page. 3 of fi Description: Thtzrston,WA Document-DocZD 3641584 Page: 3 of 6,fy par+~rzaoe ,z:zza • -- - ---- _ ASSGN e~i .e _. ASSIGNMENT OF RENTS (Continued) Page 4 the property, with the power to protect and preserve the Property, to o~aproc adeoo~varysnd shelve the coatrO foraobeure or sale, and to collect the Rama from the Property end appal the receivership, against the Indebbdnesa. The receiver may serve without bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not ttro apparent value of the Property exceeds the Indebtedness by a aubstamlal amount. Empbyment by Lender shall not disqualify a person from serving ore a receiver. OtMr Remedies. Lender shall hsve ell other tights and remedies provided In thi9 Assignment or the Note or by law. Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an ebction to make expenditures ar to take actbn to perform sn obligeUOn of Grantor under thin Assignment, after Grantor's failure to perform, shall not affect Lander'a right to dectere a default and exercise its remedies. Attorneys' Feea: Expenses. If lender Institutes any suit or action to enforce any of the terms of this Assignment, Lender shall be enUtted ro recover such sum ore the court may sdjudge reasonable as attorneys' tees at trial end upon any appeal. Whether or rat any court notion Ia irnolved, and to the axon[ not proltiblted by law, all reasonable expenses Lender incurs that In Lender's opinion ere necessary at any time for the proteetkln of Ire interest or the enforoemeni of its rights shell become a part of the Indebtedness payable on demand and shell bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph tnclude, wkiaut limitation, however subject to any limits under epplicabb law, Lender's attorneys' fees and Lender's legal expanses, whether or not there is a lawsuit, including attorneys' tees and expenses for bankruptcy proceedings linctuding efforts to modify or veceu any automatic stay or injunctionl, appeals, and any amicipated poshjudgment collection services, the cost of searching records, abtalnlnp Utle reports lincludirq forecbaure reportsl, surveyors' reports, and appraisal foes, title Insurance, and [sea for the Trustee, to the extent permitted by applicable law. Grantor also will pay any court costa, in addition to all other soma provided by law. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions ere a part of this Assignment: Amandtrtsrns. This Assignment, togetfter with any Related Documents, conatitutea the entire understanding and agreement of the parties ore to the mature set forth in this Assignment. No alteraton of or amendment to this Asslgranant chall bs effective unless Given in writing and signed by the party or partle6 sought to be charged or bound by the alteration or amendment. Csptlon HeadNOa. Caption headings in thin Assignment ere for convenlenca purposes only and are rtot to be used ro Interpret or define the provisions of this Assignment. GowmMp Law. Thle AsslOnmant w01 M Oovamad bY. ~ructrued ~ eMoread In aacortlarla whb fadarN Isw and tM laws ot.the Stab of Washington. Thin Assignment 11aa baM aeeepted by LerNfer in 11ta Stab o} Wuhington. Choke of Venue. If there is a lawsuit, Grantor agrees upon Lender's request to submit to the jurisdicton of the courts of Pleree County, State of Washington. MarOar. There shall be no merger of the interest or estate created by this assignment with any other interest or estate in the Property at any time held by ar for the benefit of Lander in any capacity, without the written consent of Lender. Irrtarpretadon. 111 In all cases where there is more than one Borrower or Grantor, than all words used in this Aasigrenent in the cinguler shell be deemed to have been used in the plural where the context and construction ao require. 121 If more than one person signs this Assignment ore 'Granror," the obligations of each Gramor are Joint and several. TTtia means that if Lender brirge a lawsuit, Lender may sue any one or more of the Grantors. If Borrower and Grantor are not the same person, Lender need not cue Borrower first, and that Borrower need not be jdned in any lewsuk. 131 The namec given to paragraphs or eeettone in this Assignment ate tor convenlence puryoses only. They ere not ro be used to imsrpret ar define the provisions of this Assignment. No Waiver by Lands. Lender shall not be deemed to have waived any rights under this Asaignrttem unless such waiver is given in writing and signed by Lander. No delay or omission oh the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender a1 a provlsbn of this Assignment shall not prejudice or constitute a waiver of Lender's rght otherwise to demand strict compliance with that provision or any other provisan of tfYs Assignment. No pr'ar waiver by Lender, nor any coves of dealing between Lender and Grantor, shall consttute a waiver of any of lender's rlghu or of any of Grantor's obligatons as to any tutus tnnsections. Whenever [ha consem of Larder is required under this Assignment, ttte grentirq of such consent by Lender (n any instance shell not constitute continuing consent to aubaequent instances where such consent is required and In ell cases such consent may be granted or withheld in the sole discretion of Lender. Notkss. Subject to applicable law, and except for notice required or allowed by law to be given in another manner, any notice required to bs piven under this Assignment shall be given in writing, and shall be effective when actually delivered, wften actually received by teletacalmile (unless otherwise required by level, when deposited whh s natlonelly recognized ovamlpht courier, or, if msilsd, when dspoaked in the United Steua mail, as fiat class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Assignment. Arty party may charge its address for rodces under tNS Aeaignmem by gluing formal wrtten notice to the other parties, specifying that the purpose o1 the notice Is to change the Derty's address. For rwtice purposes, Grantor sprees to keep Lender informed st all times of Grantor's currem address. Subject to applicable law, and except for notice required or allowed by law to be given in another manner, if there is more than one Grantor, any ratbe piven by Lender ro arty Gremor o deemed tc be notice given to all Grantors. Powsn of Attwnay. Thor various sgencies and powers of attorney conveyed on Lender under this Assignment ere granted for purposes of eacraity and may not be revoked by Grantor until ouch time ss the same are renounced by Larder. SevsnbNty. If a court of competent jurisdiction ands any provision of this Assignment to be illegal, invalid, or unenforceable as to any circumstance, that finding shall not make the oflendlrg provision ilegal, invalid, or unenforceable ac to any other circumstance. If feasible, the offandirg provision shell be considered modified so that it becomes legal, valid and enforceable. If the offending provision csrtnot be ao modified, h shall be considered deleted from this Assignment. Unless otherwise required by law, the illagallty, inveGdity, or unenforceebllity of any provision of this Assignment shall not affect the legality, validity or enforceability o/ arty other provision of this Assignment. 8ut:easaon and Assigns. Subject to any limhatiene stated In this Assignment on transfer of Grantor's Interest, this Assignment shall be binding upon and Inure ro the bensfR of the parttea, their successors end assigns. If ownership of the Property becomes vested In a peroon other than Grantor, Lender, without notice to Grantor, may deal with Grantor's atx:cessara with referents to this Assignment and the Indebtedness by way of forbsannce or extension without rebaaing Grantor hem the obligations of this Assignment a liability under the Indebtedness. Tlnre la of the Essence. Time le of the essence in the performance of this Assignment. IIIIlI ~ III III III ~~II ~II I~ II~II Itll III ~6g413~4a a~6s2a CHICAGO TITLE COMPANY ASSGN ;2.00 Thurston Co. Wa. Description: Thurston,yPA Document-DocID 3641584 Page: 4 of 6 ASSIGNMENT OF RENTS (Continued) Pegs 5 Walva Jury. AI partNa to tfNe Assignment hereby wales Ute right to an coumaelalm hrouaht 6y any party egalnst any other party. y Jury trial M any aetiion, Proeuding, or WAIVER OF HOMESTEAD EXENIPTNJN. Onntor Mreby releases and waives all rghts and benefits of the homestead exemption laws of the Stau of Washington ve to ell Indetrtednass secured by this Assignment. DEFlNITIONS, The following capitalized wwda and terms shell have the following meanings when used in this Assignment. Unless epecffically stated to the camrary, ell rsferencec to dollar amounb shall maen amounts in lawful money of the United States of America. Words end terms used In the singular atoll Include the plural, and the plural shaft include the singular, es the comext may require. Words end terms not otherwise defined in Uwe Assignment ahaN have the meankps attributed to sash terms in the Uniform Commercial Code: AsslpnmerrG The word "Assignment" means this ASSIGNMENT OF RENTS, as this ASSIGNMENT OF RENTS may be amended or modified tram Ume to Ume, together with all exhibke end schedules attached to this ASSIGNMENT OF RENTS from time to time. Borrower. Tha word 'Borrower" means Landshalxe Northwest, Inc,. Defsuk. The word "Defauk' means the Defsult set forth in this Assignment in the section titled 'Default". Evart of Default. The wwda "Event of Delauk" mean arty of the events of default set forth in this Assignment in the defsuk section of Ufis Assignment. Grantor. The word "Grantor" means Larttfehapes Northwest, Inc.. Guarantor. Tha word 'Guarantor" means any guarantor, surety, w accommodation party of any or ail of the Indebtedness. Gwramy. The word 'Guaramy" means the guaranty lrom Guarantor to Lender, including witfwut limkatbn a gwranty of ell or pare of the Note. IrMebgdnsea. The wad "Indebtedness" means ail principal, imeras4 end other amoums, costs end expenses payable under the Note w Raleted Documents, together with all rerrwals of, extensions of, modiTa:atbrq of, consoNdatione of and substitutions for the Note or Related Documemc and any amounb expended or advanced by Lender to discharge Granew's obllgeUOns w expenses incurred by Lender to enforce Grantor's obligations under this Assignment, together with interest on ouch amounb ea provided in this Aselgnmant. Spacifical(y, without limitation, Indebtedness includes the future advances set forth in the Future Advsnces provision, together with all Interest thereon and all amounb that may be Indirectly secured by the Cross-Collateralizetion provision of Mia Assignment Lender, The word "Lander" means Fifa Commercial Bank, its successors end assigns. Nob. TM word "Note" means the promiaswy note dated May 12, 2004, in the original principal amount of 8201,282,84 hom Grantor to Condor, together wkh all renewals of, eMensbna of, modilbatbna of, refinancirga of, consolidatfonc of, and subetkutions fw the promlasory note w agreement. Property. The word 'Property" mearu ell of Gramor's right, title end imereat In and to all the Property ae described In the "AaeignmeM" section of tfwa Assignment. Related DocumerlU. The words "Related Doeumenn' maen all Promlasory notes, credit egreemems, ban agreemenq, environmental agreements, pwramies, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and ell other Inatrumenta, agreements and documents, whether now or hereafter existing, executed in wnnecUon with the Indebtednasa. Ranh. Tha word "Rents" means all of Gremw'a presem and future rights, title and intarost In, to end under any and all present end future lessen, Including, without Ilmitatbn, all re Ma, revenue, income, issws, royalties, banusea, accounts receivable, cash or eecurky deposits, advance rentals, proHta end proceeds fiom the Property, and other payments end benetitc derived w to ba derived from ouch leases of awry kind end nature, whether des now or later, including without limitation Grentw'e right to enforce such leases and to receive and cdlect payment and proceeds thereunder. THE UNDERSIGNED ACKNOWLEDGES FIAVING READ ALL THE PROVISN]N6 OF THIS ASSR"aNMENi, AND NOT PERSONALLY BUT AS AN AUTHORIZED SIGNER, HAS CAUSED THiB ASSIGNMENT TO BE SIGNED AND EXECUTED ON BEHALF OF GRANTOR ON fisAY 12, 2004. GRANTOR: LAND APE ORTHWES INC ,,," ' By":.. Pwl Lubbgmey Predden f ndsfupea . orfhweat, Irq, I11~~ ~ ~~ II~ ~H i 3641384 I'ryn + II' ~II~~I~~~~~I~~I~I Paye: 5 of 6 Description: Thurston,KA Doctffient-DocID 3641584 Page: 5 of 6y psscN ~~. s. 05~'~~2004?z:zn' ASSIGNMENT OF RENTS (Continued) Page 6 ,„ CORPORATE ACKNOWLEDGMENT ;,•'~v`''bwrei^.•°rE` STATE OF ~~~~(~1Cr~~) i ~ ~' NQTA~Y :`~ COUNTY OF ~~LL _ f '~~9~.~P'~~~`~G;~v ~ f ~ F o.,, ..,., .:~- Onthis I J ~ day of /~ ~ "" r'~' 20 ~, befo/E.p)F5!~~;~ygde~rsigned Notary Public, personally appeared Psul LubbsamsYer, Pnsi eM of Lendahapea Nortltwed, Inc., a~tpdr'sonelly known to me or proved to me on the basis of satisfactory evidence to be an authorized agent of the corparadon that executed the ASSIGNMENT OF RENTS and acknowledged the Assignment to be the free and volumery act end deed of the cor ation, by author of its Bylaws or by resolution of its board of d'vsctors, for the uses and purposes tlrorein m coned, end oath ated that .or she Is,+authori:ed to execute thic Assignment end in fact executed the As n p behalf oft Corporatf 9 / /9~ // ~~ ~ u 1 0_ "~ iIAY commission expires ~ L '~~~«J tY[II Rtl IYYY Vim. f Y.af Om Caw. Nr4N r:wltl 4YY•~ Y,, iY1. tar. YAM, Nw.~ . W I.V.a1MK11'Ll1al~.,t 111~10Y 1111 ' IINII Nl~ IIII~ Iiil Ili Gall ill III INII IIII IIII ~6ge g 8~,4 f 2 zzp CHICRCO TITLE l.OflPfUtY ASSGN j24,98 Thurston Co. Va. Description: Thurston,TiA Docimtent-DocID 3641584 Pege: 6 of 6 After recording return to: Yelm Community Schools District No. 2 P. O. Box 476 Yelm, WA 98597 Attn: Erling M. Birkland NIITIGATION AGREEMENT Reference No: SUB-OS-0096-YL Grantor: 1. Landshapes Northwest, Inc. 1151 E. 112` Street Tacoma, WA 98445 Grantee• 1. Yelm Community Schools Dist. 2 Legal Description: Sec 13, T17N, R1E; Mtn. View Road & Yelm Avenue West Assessor's Property Tag Parcel Number/Account Number: 21713310200 THIS MITIGATION AGREEMENT ("Agreement") is made this24~ of ~ a` 2006, between the YELM COMMUNITY SCHOOLS DISTRICT NO. 2, Yelm, Washington (the "District") and Landshapes Northwest, Ina (the "Developer") a~ REC_ ITALS t"~~F `~ A. The Developer has submitted an application to T#~s~Y for the construction of a 16 lot subdivision, "Country Vista" near Yelm, Wash. (the "Project"). The Project is located on property that lies within District boundaries, more particularly described on Exhibit A, attached hereto and incorporated herein by reference. rovides B. The State Environmental Policy Act, Chapter 43.21C RCW ("SEPA"), p processes and procedures whereby major actions by state and local agencies, including, but not limited to, plat or PUD approval or the issuance of building permits, may be reviewed to determine the nature and extent of their impact on the environment. Impacts on publiuires lthe~ mitigation Sofoadverse environmental impacts for the purposes of SEPA. SEPA req environmental impacts. ~ ro ections indicate that the Project will C, The Districts student population and growth p j have an impact on the District, when cumulative impacts of other projects are considered. D. RCW 82.02.020 authorizes the District to enter into a voluntary agreement with the Developer for payment to mitigate the impact of the Developer's Project. 3831384 I"I p5~1512~©6f11434R II'I Wa ICI Co I" n 'III sto III' ~r I'I' th IIII 00 II"I 35 . IIII IIIII R "I' AG I"III OLS I SCHO Y~LM COMIIUNI7Y E. Pursuant to Resolution No. 12-16-93-OS, it is the policy of the District to recommend that the direct impact of development be voluntarily mitigated by the payment of fees and/or other mitigation measures where appropriate. F. The Developer has agreed to mitigate, on a voluntary basis, the adverse impact of the Project on the District. AGREEMENT 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: Two Thousand Six Hundred Seventy-Five Dollars ,and 00!100 ($2,675.00) for each lot in the subdivision or the total sum of Forty-Two Thousand Eight Hundred Dollars and 00/100 ($42,800.00) (the "Mitigation Payment") for the 16 lots of the subdivision. The amount referenced by this paragraph is subject to change pursuant to paragraph 4 below. 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 Two Thousand Six Hundred Seventy-Five Dollazs and 00/100 ($2,675.00) per dwelling unit or Forty- Two Thousand Eight Hundred Dollazs and 00/100 ($42,800.00)) for the project, shall be a condition of building permit issuance for each single family dwelling in the project. If building permit issuance does not occur within Five (S) years from the date of this Agreement, the amount due for mitigation, as stated in paragraph 2 above, shall be modified to the amount reflected in the then most recent mitigation agreement to which the District is a party. A copy of such agreement shall be made available to Developer upon request. 5. The District agrees to record this Agreement after it 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: Fort Stevens Elementary School, Prairie Elementary School, Lackamas Elementary School, Southworth Elementary School, Mill Pond Intermediate School, Yelm Middle School, and/or Yelm High School and/or any other facilities that 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 (S) 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 within 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. 3831384 1111II~I p5~15/2 D6 f 114348 ~IIII"II' ~I~I~III' o . Wa . III'II"II~I urston C IIIII~~III~ 5.00 Th IIIII $3 YELM COMMUNITY SCHOOLS AGR 11. 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' fees. 13. This Agreement constitutes the entire agreement between the parties and any other agreement either written or oral shall be null and void. EXHIBIT A LEGAL DESCRIl'TION General Location: Mtn. View Road & Yelm Avenue West Section 13 Township 17N Range lE Land Area: 3.01 acres Tax Parcel Number: 21713310200 .. ~ r--__et_ t_a_ YELM COMMUNITY SC~HjOOnLS DISTRICT N0.2 ~~ DATED: VtJ~. `~ / ~ ° t° ~~ c.~~t--~._.. ~ By: Alan Burke Its Superintendent STATE OF WASHINGTON ) )SS 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 as 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. , 2006 GIVEN under my hand and official seal this da of ~~ $~ S'q 'h~ LIC m and f r e State of ~r~lvQ;.••'••~•~•.•''•y'~~ •'•,•• Washington, residing at ~~~ : S My Commission Expires: ~ =Z ~ :~~ zp: g- ~ 3831384 t,I•~ ~r,~-~-6.1 -~5~` ~ Page: 3 of 4 ~~'t~~'gTE O~ ~~~ IIIIIIIIIII o5/15/20~6 11 :34A ~ I VIII III II ._ IIIIIIiIII ,... IIIIIIIIiIII ,,,, Ililll Ills Co . Wa . I rston YELM COMMUNITY SCHOOLS AGR $35.00 Thu DATED: ~ Z' ~ STATE OF WASHINGTON ) )SS COUNTY OF By: Its: Developer I certify that I know or have satisfactory evidence that ~~~ ~~js 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 _~ day of ~~u 2006. .t ~ ~i uA! u~rac.~ MELISSA A. BEYEa NOTARY PUBLIC for the State of NOTARY PUBLIC Washington, residing at n STATE OF WASHINGTON My Commission Expires: ~_a_ (~~ COMMISSION EXPIRES JANUARY 9, 2007 IIIIII VIII IIIIIII VIII IIII IIIIII VIII III "III IIII IIII 05 g 5 3 006 1 1434A YELM COMMUNITY SCHOOLS AGR $35.00 Thurston Co. Wa. e WELt_ DR9Lt_ING REPORT CONTRACT LANDSHAPES NORTHWEST IN(' ADDRESS 9125 S.E. MTN VIEW RD. YELM WA. DATE STARTED O2IO2/O6 UA7E COMPLETED 02!03/06 SW 1!4 SE 1/4 SEC. 13 TWP 17N RGE 2E DRILLER COMPLETED DEPTH FT. SIZE HOLE 6" WELL NO. N/A FORMATIONS PENETRATED FROM TO WELL DEPTH - 78' WELL DIA. - 6" DECOMMISSIONED WELL TO HELATH DEPT. AND DOE REGS WAC 173-160-381 PARAGRAPH 1-A PERFORATED CASING FROM 3' TO 78', 4 CUTS PER ROW, 1 ROW PER FOOT. TREMIED NEAT CEMENT WITH A 5% BENTONITE FROG BOTTOM TO TOP. CUT OFF CASING BELOW GROUND LEVEL SHOE AT FROM GROUND LEVEL. TOTAL DEPTH DRILLED SURFACE SEAL DEPTH FT MATERIAL USED NEAT CEMENT AIR PUMPED _(,PM WITH STEM AT FOR HRS. STATIC SCREEN DIAM. SLOT SIZE FROM FT. TO REMARKS FT. RICI-IARD~ON WELL DRILLING COMPANY PO BOX 44427 , TACOMA, WA 98444 CONTRACTOR I.D. #252351-001 INVOICE NO. 15033 LANDSHAPES NORTHWEST INC DATE: 3-Apr-2006 1151E 112TH ST RE: 9125 SE MTN VIEW RD TACOMA, WA 98445 UNI~f EXTENDED ~T~' UE'~llT Gc~C~'.i~ IO"~ PRICE PRICE 78 FT 6" WELL DECOMMISSION $26.00 $2,028.00 50 BG CEMENT/BENTONITE $12.50 $625.00 1 EA DEPARTMENT OF ECOLOGY PERMIT $50.00 - $50.00 0 EA TPCHD PERMIT $165.00 $0.00 0 EA MuBILI~.ATION rEE $250.00 $0.00 0 EA EASEL SURCI-IARGE $50.00 $0.00 SUBTOTAL $2,703.00 SALES TAX • THURSroN 7.8% $210.83 SUBTOTAL $2, 913.83 LESS PREVIOUS PAYMENTS BALANCE DUE $2,913.83 ERMS: NET DUE ON RECEIPT .5% PER MONTH FINANCE CHARGE ON PAST DUE ACCOUNTS ~~NOITI~~E~T C~~CE INC.. ,.+~.~ P~?~T t3~F1~'rE et~x 73;~9~~, Pt„fYALLt1P~ 1*1.1NINC3T~ 93731 ,~C}}~'rki11 ~i€3BC~ INVOICE Invoice Number: 6081103 Invoice Date: 03/29/06 Page: 1 Location Bill LANDSHAPES NORTHWEST To: LANDSHAPES NW INC 8947 MOUNTAIN VIEW RD SE 1151E 112 ST YELM, WA 98597 TACOMA, WA 98445 Customer ID 52898 P.O. Number Your Job #: Ship Date 03/31/06 Our Order No. S0021274 Due Date 04/28/06 Salesperson Terms Quantity Unit Price Total Price ItemlDescription 800 260.00 GALLONS PUMPED Tickets on Invoice: 6081103, Subtotal: 260.00 Amount Subject to Amount Exempt Total Sales Tax: 21.84 Sales Tax from Sales Tax 260.00 0.00 Total: 281.84 ~~'~~ ~ After recording return to: Yelm Community Schools District No. 2 P. O. Box 476 Yelm, WA 98597 Attn: Erling M. Birkland MITIGATION AGREEMENT Reference No: SUB-OS-0096-YL Grantor: 1. Landshapes Northwest, Inc. 1151 E. 112t~' Street Tacoma, WA 98445 Grantee: 1. Yelm Community Schools Dist. 2 Legal Description: Sec 13, T17N, R1E; Mtn. View Road & Yelm Avenue West Assessor's Property Tax Parcel Number/Account Number: 21713310200 ~~ THIS MITIGATION AGREEMENT ("Agreement") is made this` of ~, 2006, between the YELM COMMUNITY SCHOOLS DISTRICT NO. 2, Yelm, Washington (the "District") and Landshapes Northwest, Inc. (the "Developer") RECITALS L";~ 9~ ~e~ ~J A. The Developer has submitted an application to T~x=steZty for the construction of a 16 lot subdivision, "Country Vista" near Yelm, Wash. (the "Project"). The Project is located on property that lies within District boundaries, more particularly described on Exhibit A, attached hereto and incorporated herein by reference. B. The State Environmental Policy Act, Chapter 43.21C RCW ("SEPA"), provides processes and procedures whereby major actions by state and local agencies, including, but not limited to, plat or PUD approval or the issuance of building permits, may be reviewed to determine the nature and extent of their impact on the environment. Impacts on public services, including schools, are environmental impacts for the purposes of SEPA. SEPA requires the mitigation of adverse environmental impacts. C. The District's student population and growth projections indicate that the Project will have an impact on the District, when cumulative impacts of other projects are considered. D. RCW 82.02.020 authorizes the District to enter into a voluntary agreement with the Developer for payment to mitigate the impact of the Developer's Project. 3831384 IIII 059 512006 f 114348 IIII IIII IIII a. IIIII o. w IIII C III ton III r s III Thu IIII 0 IIIII .0 III 35 IIII IIII R I AG ,.,,MM~iNTTY SCHOOLS E. Pursuant to Resolution No. 12-16-93-05, it is the policy of the District to recommend that the direct impact of development be voluntarily mitigated by the payment of fees and/or other mitigation measures where appropriate. F. The Developer has agreed to mitigate, on a voluntary basis, the adverse impact of the Project on the District. AGREEMENT 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: Two Thousand Six Hundred Seventy-Five Dollars and 00/100 ($2,675.00) for each lot in the subdivision or the total sum of Forty-Two Thousand Eight Hundred Dollars and 00/100 ($42,800.00) (the "Mitigation Payment") for the 16 lots of the subdivision. The amount referenced by this paragraph is subject to change pursuant to paragraph 4 below. 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 Two Thousand Six Hundred Seventy-Five Dollars and 00/100 ($2,675.00) per dwelling unit or Forty- Two Thousand Eight Hundred Dollars and 00/100 ($42,800.00)) for the project, shall be a condition of building permit issuance for each single family dwelling in the project. If building permit issuance does not occur within Five (5) years from the date of this Agreement, the amount due for mitigation, as stated in paragraph 2 above, shall be modified to the amount reflected in the then most recent mitigation agreement to which the District is a party. A copy of such agreement shall be made available to Developer upon request. 5. The District agrees to record this Agreement after it 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: Fort Stevens Elementary School, Prairie Elementary School, Lackamas Elementary School, Southworth Elementary School, Mill Pond Intermediate School, Yelm Middle School, and/or Yelm High School and/or any other facilities that 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 within 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. 3831384 IIII IIII ©5 g 5./206 f 11434A VIII (IIIIIII IIIIIII IIIIIII IIIIIII IIII III II Wa . IIII o. YELM COMMUNITY SCHOOLS AGR $35.00 Thurston C 11. 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' fees. 13. This Agreement constitutes the entire agreement between the parties and any other agreement either written or oral shall be null and void. EXHIBIT A LEGAL DESCRIPTION General Location: Mtn. View Road & Yelm Avenue West Section 13 Township 17N Range 1 E Land Area: 3.01 acres Tax Parcel Number: 21713310200 Description: 16 sin leg famil, YELM COMMUNITY SCHOOLS DISTRICT N0.2 DATED: I/~.~ `~ / ~ v ~O l STATE OF WASHINGTON ) )SS COUNTY OF THURSTON ) ~~~~ By: Alan Burke Its Superintendent 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 as 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 da of , 2006 ,~,SSENS,gC ~~~~~, BLIC m and f r e State of Ali N~XP :F9 •, Washington, residing at ~~ ~,~~tY~': ~~~ My Commission Expires: - :~ v~ ~~~ ~ p Oq~, 2~1 y~+cP q ;E p~ `~~~~ - 3831384 IIII IIII IIII D5 /y15.! 2006 f 14348 i (IIII III I Illilllli IIIIIIIIiIiI IIIIIIiill I vr~ ee !`nMMI IIJTTV ~ruoOLS AGR $35.00 Thurston Co . Wa . DATED: ~ Z' ~ STATE OF WASHINGTON ) )SS COUNTY OF ~- By: Its: Developer I certify that I know or have satisfactory evidence that ~~~~~.~- `~r~~,~uY~'}s 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. GNEN under my hand and official seal this ~ day of ~'l/~ , 2006. MELISSA A. BEYER NOTARY PUBLIC in nd for the State of NOTARY PUBLIC Washington, residing at~w~aVvCl4' My Commission Expires: 1-~i- O~1 STATE OF WASHINGTON COMMISSION EXPIRES JANUARY 9, 2007 II 3831384 I VIII III II 05/y15/2006 ~ 14348 Iillllllllillll illllllllliilll IIIIIIIIII YELM COMMUNITY SCHOOLS AGR $35.00 Thurston Co. Wa. --.L-~~.rcszv.,,-~-a: .r,.~r+"~,. ... hr~..,~.~~»~qu,~~,..,~~,,,». ,~ ~.-.,.-_-.... .. - - - -- - -- -- - ~~'~.,"„~j;° -.~c's'7'~; -. _ ~ .. .,.n~:rs,.r _.-._ _r-.__ O~ f THEp~ CITY O.F a m YELM P.O.Box479 ~~~~~ Yelm, WA ss59~ RECEIPT No. YELM 360-458-8403 ~_ RECEIVED * * * *SEVEN H(~NI~RED ~"IFTY ~4I,]GA,FtS & C10 CENTS RECEIVED FROM DATE REC. NO. AMOUNT REF. N0. LANDSHd~PES NOR'PHWEST, ANC ~5/18f®b 4214. 750.30 CHECK 3501 115. F; 12TH ST TACOIMA WA 9857-479 F3UI~GFTAR`Y t~1TN VIEW RJ/C'T COIINTRI' VISTA ,7ANINE MTN VIEW ROAR/COURT ~1Yu-.i~ ~~ ~~'l ~~`~ Wv~' l~ S v' Z r'1 r"~ ~"' ~ ~ M ~J ~t x U O W Z x ~ U 'I ~_ ~ W m :. 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FINAL PLAT APPLICATION YELM wx~SH~NCSroN Fee: $750.00 Iln addition, any professional service charges per Resolution #358) APPOINTMENT REQUIRED FOR APPLICATION SUBMITTAL -Please call 458-3835 Subdivision Name Case # and Name of Preliminary Plat Approva Tax Parcel Number(s) ~~ ~ 1 'aj~J ~ ~2U~"~ SUBDIVIDER ~It~rr~Shr Name 1 ~t E ~ -~2~ ~~ Address Taco ti~~~T Q ~~RS Phone Fax 1Q,nd Sh~.orsn w ~ c~ac~>°s~,nP-~- E-mail PROPERTY OWNER(S) t`n I'V1 ~hR,l Name ~I~~~ E 112.E Address .1,Na ~1~~-I~ ~~ Phone Fax s ~t f E-mail SURVEYOR Name P CU ~~ ~ 0~ Address yt~C ~rn , I~r~ G`b~ ~ ~o-u~~- Z~,~y Phone Fax E-Mail ENGINEER 2m ~-~,r~r i s ` , Name ~n Address m~~~--~~1 A q `~0'L~ Phone Fax E-Mail LAND USE BREAKDOWN (Calculate to the Nearest Hundredth) Total Acreage Number of Single Family Residential Lots Number of Commercial Lots ~~ Smallest Lot Area !~ Z ~J(t>'j ~ ~-~ Total Acreage in Open Space ~,Q(G11~rj~/~,'~-, Length in Public Streets ~7~~' Length in Private Streets Number of Multifamily Residential Lots ~p~r _ Number of Industrial Lots ~C.J Average Lot Area Fee in Lieu of Open Space Total Acreage in Public 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. 105 Yelm Avenue West PO Box 479 Yelm, WA 98597 (360) 458-3835 (360) 458-3144 FAX www.ci.yelm.wa.us v~ CHECKLIST Submitted SUPPORTING DOCUMENTS (Submit one copy of each document, unless otherwise noted) 1. Plat Certificate, date not to exceed thirty days prior to submittal. ~// 2. A copy of any deed restrictions applicable to the subdivision. ~ -- 3. A copy of any dedication requiring separate documents. '~ 4. Approval (signed off punchlist) by the engineering department that the subdivider has complied with one of the following: A. All improvements have been installed in accordance with the requirements of this title and with the action of the legislative body giving approval of the preliminary plat; B. An agreement and financial security have been executed as provided for in the Subdivision Ordinance to assure completion of required improvements. 5. Mathematical boundary closures of the subdivision showing the error closure, if any (4 copies). 6. The mathematical lot closures and street centerline closures, and square footage of each parcel (4 copies). ~' 7. Lots containing one acre or more shall show net acreage to nearest hundredth. t-' 8. A phasing plan (if applicable.) ~- 9. A summary explanation is required of how all City Council conditions of approval and SEPA mitigation have been met. ~- 10. Final drawings on disk in Auto Cad format ,__ . 11. A copy of any Home Owners Agreement. ~ 12. A copy of any Maintenance Agreements (Storm Water and/or Open Space.) U~ 13. Warranty Agreement for all improvements. ~ 14. Bills of Sale for Sewer and Water. 15. Deferral Agreement -Waiver of Protest (if applicable.) --" 16. Storm Water Maintenance Agreement. -- 17. Water Rights Agreement (if applicable.) '-' 18. Homeowners Agreement. ~- 19. LID Segregation Application (if applicable.) 20. Documentation of Well/Septic/Drain field Abandonment. 21. School Mitigation Agreement. 22. Latecomers Payment (if applicable.) 23. Open Space Fee in-lieu of Payment (if applicable.) 24. Any outstanding City fees. 25. As-builts . 26. Plat Map (11 folded copies -rolled not accepted.) 27. One 11 x 17 reduced copy of the Final Plat Map Missing Date Checked: Additional Information Requested: Checked by: Additional Information Received: Application Complete: 105 Yelm Avenue West (360) 458-3835 PO Box 479 (360) 458-3144 FAX Yelm, WA 98597 www.ci.yelm.wa.us Page 1 of 1 Land Shapes NW From: 'Tami Merriman" <tamim~ci.yelm.wa.us> To: <landshapesnw oQgwest.net> Sent: Friday, May 12, 2006 11:48 AM Attach: Hearing Examiner Decision.pdf Subject: Final Plat Application for Country Vista To complete the final plat application, please submit the following: '~Z"opy of Certificate of Incorporation ;/Copy of School Mitigation Agreement ~Jfhe applicable tables and maintenance sheet for the Stormwater Agreement vA summary of how land use approval conditions were met. (I have attached a copy of the hearing examiner Koval for your convenience.) VA check in the amount of $750.00 Please feel free to give me a call with any questions. Tami Merriman Assistant Planner Ciry of Yelm 360.458.8496 5/15/2006 TfiF ~, ~~ City o f Ye l m DYte Received B ~.$~ File No. ~~R ~~ ~. YELM wr- ~,,,~ Comntuiliity Development, Departilnent 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 8 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. Re uired Documents Lot Closures - 4 copies - ~' "----~-- 4 copies Plat Certificate, date not to exceed 30 days prior to submittal ^ Warranty Agreement for all improvements ~~ Bills of Sale (water and sewer) `_ ". ~®- =-tMaiver-af~ Rr~test--- ^ Storm Water Maintenance Agreement - ~.-. VaCa•te~f~igtit~s-Agresr~eFrt-~ ~~ - HnmPn1A/ABFS-Agf6crirr-cr~i-- ' ^ Summary of how all City Council conditions of approval and SEPA mitigation have been met. ' ~--,- 't+B-Segrsgatior~ Applicat+on ,----~--__.__ Documentation.of Wel~Septic/flfaitifield--AbafltiQnm2rrC~ ^ School Mitigation Agreement _.. __.. ...._.. As-Guilts ... ._~` :~.. ^ ~...~ Latecomers Payment '' - ^ City fees _t.'.1=; ~ ^ Any additional items required per Final Plat Application Checklist Upon staffs determination that the final plat application is complete, the information will be distributed to the reviewing departments. In approximately three weeks all comments and corrections will be returned to the project engineer for action. Following review and approval that the final plat conforms to all applicable regulations and the conditions of approval have been satisfied the plat will be forwarded to the Planning Commission for review and a recommendation to the City Council (YMC 16.12.300). After the City Council's receipt of the Planning Commission recommendation the Council will schedule the final plat for action at the next City Council meeting. Upon City Council approval, the Mayor will sign the final plat. Following the Mayor's signature the final plat will be signed by all required departments, and forwarded to Thurston County Auditor's Office for recording, as per YMC 16.12.320. As per YMC 16.04.150, the City of Yelm's policy is to issue one building permit (if available) after City Council approval and prior to recording of said plat. Latecomer agreements for water and/or sewer can be prepared and considered by the City after final plat approval. 1(1S 1'vlrn Ar~enuv lti'es( (360) 158-3N.?.5 PO l3os J79 (360) J.SB-3 N4 FA 1'ehn, WA 9Y597 u•rr•u•.ei.velrn.nvi.uB