Subdivision Guarantee 001urn Address
of Yelm
ui Merriman
Box 479
m, WA 98597
Document title(s) (or transactions contained therein):
I. Subdivision Guarantee
2.
Reference Number(s) of Documents assigned or released:
(on page of documents(s))
Grantor(s) (Last Dame, first name, middle initial)
1. Rocky Prairie Corporation
2. Schorno, Lawrence J.
Grantee(s) (Last name, trst name, middle initial)
L City of Yelm
Legal Description (abbreviated: i.c. lot, block, plat or section, township, range)
The S.E '/. of the N.E. '/a of a portion of Sec. 3Q, Twp. 17N, Rng 2E.
Assessor's Property Tax ParceUAccount Number:
69280000100,69280000200,69280000300,69280000400,69280000500,69280000600,
69280000700,69280000800,69280000900
II IIII III III I III III III P6985 ooa ozleia
ROCKY PRRIRIE CORP PC $28.00 TMUrslon Ca. Va.
SUBDIVISION GUARANTEE
SCHEDULE A
Office File Number Policy Number Date of Policy Amount of Insurance
126173 G-1103-5329 April 26, 2003 at 8:00 a.m. $1,000.00
Name of Assured:
APEX ENGINEERING
The assurances referred to on the face page are:
That, according to those public records which, constructive notice of matters relative to the description of
which is fully set forth in under the recording laws, impart following described real property:
Parcel B of Boundary Line Adjustment Na. BLA 02-8307YL, as recorded September 26, 2002
under File No. 3464876. In Thurston County, Washington.
Title !o Said real property rs vested in:
EDWIN OBIE and NAOMI K. OBIE, husband and wife, as to Unit 1; GORDON J. GROBELNY, as his
separate estate, as to Unit 2; SPIKAH, LLC, a Washington limited liability company, as to Unit 3;
DAVE D. MILLER and LAURA JEAN MILLER, husband and wife, as to Unit 4; ALBERT M. VICTOR,
as his separate estate, as to Unit 5; ROGER A. GILBERT and GLORIA L. GILBERT, husband and
wife, as to Units 6, 7 and 8; MICHAEL R. JOHNSON and INSUK JOHNSON, husband and wife, as to
Unit 9; ROCKY PRAIRIE CORPORATION, a Washington corporation, as to the remainder
Subject to the matters shown below under Exceptions, which Exceptions are not necessarily shown in
the order of their priority.
EXCEPTIONS:
1. General Taxes and assessments, iF any, no search having been made thereof; also, taxes or
assessments which are not shown as existing liens by the records of any taxing authority that levies
taxes or assessments on real property or by the public records.
Unpatented mining claims, reservations or exceptions in the United States Patents or in Acts
authorizing the issuance thereof; water rights, claims or title to water.
3. Title to any property beyond the lines of the real property expressly described herein, or title to streets.
roads, avenues, lanes, ways or waterways on which such real property abuts, or the right to maintain
therein vaults, tunnels, ramps, or any other structure or improvement; or any rights or easements
therein unless such property, rights or easements are expressly and specifically sel forth in said
description.
Subdivision Guarantee Page 1
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ROCKY PRAIRIE CORP PC $28.00 Thurston Co. pa.
SCHEDULE A (Continued)
File Number 126173 Policy Number: G-1103-5329
Additional Exceptions:
4. DeeC of Trust tlated March 26, 2003, recorded April 1, 2003, under File No. 3517201, to secure an
indebtedness of 5230.000.00: and any interest, advances or other obligations secured thereby;
Grantor: Edwin Obie and Naomi K. Obie, husband and wife
Trustee: Chicago Title Insurance Company a corporation
Benefciary: Michael I. Shelton and Deborah A. Shelton, husband and wife
(Affects Unit 1 j
5. Deetl of Trust dated May 14, 1999, recortletl May 21, 1999, untler File No. 3232326, to secure an
indebtedness of 583,507.88; and any interest, advances or other obligations secured thereby;
Grantor. Gordon J Grobelny, a single man
Trustee: Thurston County Title Co.
Benefciary: First Community Bank of Washington
(Affects Unit 2)
6. Deed of Trust dated September 11, 2002, recorded September 12, 2002, under File No. 3461708, to
secure an.indebtedness of 528,547.08; and any interest, advances or other obligations secured
thereby;
Grantor: Gordon J. Grobelny, a married man as his separate estate
Trustee: Thurston County Titte Co.
Benefciary: Santlra M. Menge and Steven M. Menge, wife and husband
(Affects Unit 3)
7. Deed of Trust dated September 28, 1998, recorded September 30, 1998, under File No. 3182414, to
secure an indebtedness of 580,000.00; and any interest, advances or other obligations secured
thereby;
Grantor: Sandra M. Menge and Steven M. Menge, wife antl husband
Trustee: Thurston County Title Company
Benefciary: Rocky Prairie Corp., a Washington corporation
(Affects Unit 3)
The beneficial interest under said Deed of Trust was assigned by instrument recorded August 9, 1999,
under File No. 3247821, to Lawrence J. Schorno and Gail L Schorno, husband and wife.
8. Deed of Trust tlated April 3, 2001, recorded April 5, 2001, under File No. 3344909, to secure an
indebtedness of 578,000.00; and any interest, advances or other obligations secured thereby;
Grantor: David D. Miller and Laura Jean Miller, hushantl and wife
Trustee: Pioneer Title Company
Benefciary: Rocky Prairie Corp., a Washington Corporation
(Affects Uni[ 4)
Subdivision Guarantee page 2
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ROCKY PRRIRIE CORP PC $28.00 Thurston Co, pa.
SCHEDULE A (Continued)
File Number: 126173
Policy Number: G-1103-5329
9. Deed of Trust datetl September 25. 1998. recorded September 28, 1998, under File No. 3181742. to
secure an indebtedness of 579,000.00; and any interest, advances or other obligations secured
thereoy;
Grantor: Albert M. `Jictor, a single man
?rustee: Thurston County Title Company
Benefciary: Rocky Frairie Corp., a Washington corporation
(Affects Unit 6)
10. Deed of Trust datetl September 28, 1998, recorded September 30, 1998, under File No. 3182416, to
secure an indebtedness of 580,000.00; antl any interest, advances or other obligations secured
thereby;
Grantor Roger A. Gilhert and Gloria L. Gilbert, husband and wife
Trustee: Thurston County Title Company
Benefciary: Rocky Prairie Corp., a Washington corporation
(Affects Unit 6)
11. Deed of Trust dated September 24, 1998, recorded September 26, 1998, under File No. 3181740, to
secure an indebtedness of 5150,000.00; and any interest, advances pr other obligations secured
thereby;
Grantor: Roger A. Gilbert and Gloria L. Gilbert, husband and wife
Trustee: Thurston County Title Company
Benefciary: Rocky Prairie Carp., a Washington corporation
(Affects Units 7 and 8)
12. Deed of Trust dated September 29, 1998, recorded September 30, 1998, under File No. 3182418, to
secure an indebtedness of 5140,000.00; and any interest, advances or other obligations secured
thereby;
Grantor: Michael R. Jonnson and Insuk Johnson, husband and wife
Trustee: Thurston County Title Company
Beneficiary: Rocky Prairie Carp., a Washington corporation
(Affects Unit 9)
13. Easement delineated on the face of the plat of said subdivision; for ingress, egress and utilities for
Parcel A. (Affects a portion of said premises)
14. Declaration of Boundary Line Adjustment and Covenants;
Recorded: September 26, 2002
File No.: 3464876
(Copy is hereto attached)
Subdivision Guarantee
Page 3
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ROCKY PRRIRIE CORP PC b28.00 Thurslen Co. Ya.
SCHEDCLE A {Con[iuued)
File Number: 126173 Policy Number: G-1103-5329
15. Exceptions and reservations contained in Deed from the State o(Washington, whereby the grantor
excepts and reserves all oils, gases, cpal, ores, minerals, fossils, etc., and the right o(entry for
opening, and developing and working mines, etc., provitled that no rights shall be exercised until
provision has been made for full payment of all damages sustained by reason of such entry; and upon
paying reasonable compensation, tp acquire rights of way for private railroatls, sand or gravel, logging
and/or lumbering railroads, skid roads, Flumes, canals, water courses, pr other easements for
transporting antl moving timber, stone, minerals or other products from other lands, contained in deed
from the State of Washington, recordetl under File No. 561469.
16. Easement or Guasi-easement, including the terms, covenants and provisions thereof, as granted by
instrument;
Recorded: July 21, 1987
File No.: 8707210080
In favor of : County of Thurston, State of Washington
For: The right to make necessary slopes for cuts or flls upon that porticn of
said premises abutting Yeim Avenue
17. Declaration of Short Subdivision antl Covenants
Recordetl: July 17, 1987
File No.: 8707170007
Re-recorded: April 24, 1992
File No.: 9204240239
(Copy is hereto attached)
18. Private Road and Utility Easement as shown on Short Subdivision No. SS-8017, recorded July 17,
1987, under File No. 8707170087.
19. Declaration of Boundary Line Adjustment and Covenants;
Recorded: June 1, 1997
File Nos.: 308fi254 and 3086255
(Copy is hereto a[tachetl)
20. Easement for cut-tle-sac as shown on Boundary Line Adjustment No. BLA-978189YL, recorded May
1, 1997, under File Nos. 3086254 and 3086255.
21. Declaration of Boundary Line Adjustment and Covenants:
Recorded: January 20, 1998
File No.: 3130838
(Copy is hereto attached)
22. Easement for ingress, egress and utilities, as shown on Boundary Line Adjustment No. BLA-
988213YL, recorded January 20, 1998, under File No. 3130839.
23. Easement for electric transmission and distribution line and the terms and conditions contained
therein, together with necessary appurtenances, granted by instrument recorded on July 19, 1982,
under File No, 8207190079, to Puget Sound Power 8 Light Company, a corporation.
Subdivision Guarantee Page 4
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ROCKV PRRIRIE CORP PC $28.00 TM1Urslon Ce. Ua.
SCHEDLLE A (Continued)
File Number: 126173
Policy Number: G•1103-5329
24. Easement for electric transmission antl distribution line and the terms and conditions contained
therein. together with necessary appurtenances, granted by instrument recorded on July 19, 1982,
under File No. 8207190069, to Puget Sound Power 8 Light Company, a corporation.
25. Easement for electric transmission and distribution line and the terms and conditions contained
therein, together with necessary appurtenances, granted by instrument recorded on March 13, 1982,
under File No. 3078390. to Puget Sound Power 8 Light Company, a corporation.
26. Easement Agreement between Nisqually Plaza Limitetl Partnership and Rocky Prairie Corporation,
recorded December 19, 1994, under File Na. 9412190120.
27. Easement orquasi-easement, including the terms, covenants and provisions thereof, as granted by
instrumem;
Recortled: May 1, 1997
File No.: 3086253
In favor of : City of Yelm, a Municipal Corporation
For: The right to make necessary slopes for cuts or fills upon [hat portion of
said premises abutting Velm Avenue
28. Terms, covenants, conditions, easements and restrictions and liability for assessments contained in
the Declaration of Condominium for:
Condominium: Prairie Plaza Condominium
Auditor's File No.: 3170836
Amended: November 2, 1998
File No.: 3189104
Amended: July 26, 2002
File No.: 3443774
29. Lien of assessments levied pursuant to the Declaration of Condominium for Prairie Plaza
Condominium, recorded under Auditor's File No. 3170836, and any amendments thereto, to the extent
provided for by RCW 64.34.
30. Easements For ingress, egress and utility, as shown on the face of said Condominium.
Entl of Schedule A Exceptions.
NOTES:
a) At the request of the assured the following information is provided:
Delinquent general taxes for the years 2001, 2002 and 2003, in the respective sums of
51,122.09, 31,116.39, and $1,104.46, plus interest. Tax Account No. 6928-00-00600.
(Area code 170) (Affects Unit 6)
Subdivision Guarantee page 5
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ROCKV PRRIRIE CORP PC 52B .00 Thurston Co. Wa.
SCHEDULE A (Cootiuued)
File Number: 126173
Policy Number: G~1103-5329
Delinquent general taxes for the years 2001, 2002 and 2003, in the respective sums of
$1.126 46. 51.117.71, and 51,105.76, plus interest. Tax Account No. 6928-00-00700.
(Area code 170) (Affects Unit 7;
Delinquent general taxes for the years 2001, 2002 and 20003, in the respective sums of
$1,123.46, 51,117.71, and 51,105.76, plus interest. Tax Account No. 6928-00-00800.
(Area cotle 170) (Affects Unit 8'!
Last half of general taxes for 2003 in the sum of 51,657.59. Tax Account No.
6928-00-00100. (Area Cade 170) (Affects Unit 1)
Last half of general taxes for 2003 in the sum of 566L68. Tax Account No.
6928-00-00200. (Area Code 170) (Affects Unit 2)
Last halt of general taxes far 2003 in the sum of 5552.23. Tax Account No.
6928-00-00300. (Area Code 170) (Affects Unit 3)
Last half of general taxes for 2003 in the sum of 5548.97. Tax Account No.
6928-00-00500. (Area Code 170) (Affects Unit 5)
Last half of general taxes for 2003 in the sum of 51,106.71. Tax Account No.
6928-00-00900. (Area Code 170) (Affecs Unit 9)
General taxes for 2003 in the sum of 51,101.85, are paid in Full. Tax Account No.
6928-00-00400. (Area Code 170) (Affects Unit 4)
s/
NIG'bl
Subdivision Guarantee Page b
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ROCNV PRRIRIE CORP PC $28.00 Thurston Co. Va.
Ref.: Rocky Prairie et al
ENDORSEMENT
Attachetl to and forming a part of
Policy Number G-1103-5329
Issued By THURSTON COUNTY TITLE COMPANY
acting as agent for
PACIFIC NORTHWEST TITLE INSURANCE COMPANY
Endorsement No. 1
File Number 126173
The Company hereby assures the Assured that there are no matters shown by the public records which affect the
estate or interest described in Schedule A, other than those shown in Schedule B, except:
The title to the estate or interest in the land is at the extended effective date hereof vested in:
EDWIN OBIE and NAOMI K. OBIE, husband and wife, as to Unit 1; GORDON J. GROBELNY, as his
separate estate, as to Unlt 2; SPIKAH, LLC, a Washington limited liability company, as to Unit 3; DAVE D.
MILLER and LAURA JEAN MILLER, husband and wife, as to Unit 4; ALBERT M. VICTOR, as his separate
estate, as to Unit 5; BERNARD L. PEREZ and CAROL D. BIGHAM-PEREZ, as to Unit 6; N.E.J. LLC, as to
Units 7 and 8; MICHAEL R. JOHNSON and INSUK JOHNSON, husband and wife, as to Unit 9; ROCKY
PRAIRIE CORPORATION, a Washington corporation, as to the remainder
Eliminate Paragraphs 10 and 11 on Schedule A.
Amend Note a on Schedule A, as attached.
Add Paragraphs 31, 32, 33, 34 and 35 to Schedule A, as attached.
The effective dale for the Guarantee is hereby extended to the date shown herein, subject, however, to any
adtlitional matters shown above.
The total liability of the Company untler said Guarantee and under this endorsement thereto shall not exceed, in
the aggregate, the amount stated in saitl Guarantee. This endorsement is matle a part of said Guarantee and in
subject to the exclusions from coverage, the limits of liability and other provisions of the Conditions and
Stipulations [herein, except as modified by the provisions hereof.
Dated: August 26, 2004 at 8:00 a.m.
THURSTON COUNTY TITLE COMPANY as agent for
PACIFIC NORTHWEST TITLE INSURANCE COMPANY
Countersigned
~A L-~ ~ .~ ,r-x
A hanz tl Signatory
Note: This entlorsemem shall not be valitl or bintling
until wuntersignetl by an authorizetl signatory.
sbtl Guarantee Uptlate Endorsement
l~f Vis~On Fwm ENWAP Rev a3/o3/a9 RIII II IIQII IIII IIII III IIII II III II P6985N aCQ a/a.
SCHEDULE B PART II (CONTINUED)
Amend Note a on Schedule A, as follows
NOTE:
a) Last half of general taxes for 2004 in the sum of $1,940.42. Tax Account No.
6928-00-00100. (Area Code 170)
Last half of general taxes for 2004 in the sum of $648.77. Tax Account No. 6928-00-00200.
(Area Code 170)
Last half of general taxes for 2004 in the sum of $650.16. lax Account No. 6928.00-00300.
(Area Code 170)
General taxes for 2004 in the sum of $1,296.13, are paid in full. Tax Account No.
6928.00-00400. (Area Code 170)
Last half of general taxes for 2004 in the sum of $645.97. Tax Account No. 6928-00-00500.
(Area Code 170)
last half of general taxes for 2004 in the sum of $650.16. lax Account No. 6928-00-00600.
(Area Code 170)
Last half of general taxes for 2004 in the sum of $650.86. Tax Account No. 6928-00.00700.
(Area Code 170)
Last half of general taxes for 2004 in the sum of $650.86. Tax Account No. 6928-00-00800.
(Area Code 170)
Last half of general taxes for 2004 in the sum of $1,303.33. Tax Account No.
6928-00-00900. (Area Cade 170)
Add Paragraphs 31 and 32, as follows:
31. Deed of Trust dated September 28, 1998, recorded September 30, 1998, under File No.
3182416, to secure an indebtedness of $80,000.00; and any interest, advances or other
obligations secured thereby;
Grantor: Roger A Gilbert and Gloria L. Gilbert, husband and wife
Trustee: Thurston County Title Company
Beneficiary: Rocky Prairie Corp., a Washington corporation
(Affects Unit 6)
Bernard L. Perez, attorney-at•law was appointed new Trustee under said Deed of Trust in
place of previous Trustee, by instrument recordetl September 5, 2003 untler File
No. 357112d.
32. Notice of Trustee's Sale dated September 4, 2003, recorded September 5, 2003 as Thurston
County File No. 3571125, giving notice of a sale to be held at 9:00 a.m. on December 5,
2003 at the main entrance to Yelm City Hall, 107 Yelm Ave. West, in the City of Yelm, State
of Washington, Sale of Grantor's interest in these premises to be conducted by Bernard L.
Perez, as Trustee on behalf of Rocky Prairie Corp., as Beneficiary.
Add Paragraphs 33, 34 and 35 to Schedule A, as attached.
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ROCKY PRR IRIE CORP PC 528.00 Thurslen Co. Va.
SCHEDULE B PART II (CONTINUED)
Add Paragraphs 33, 34 and 35 to Schedule A, as follows:
33. Construction Deed of Trust dated May 27, 2004, recorded May 28, 2004 under File No.
3646196, to secure an indebtedness of 6294,000.00; and any interest, advances or other
obligations secured thereby;
Grantor: N.E.J. Incorporated
Trustee: Stewart Title 8 Escrow
Beneficiary: Wachovia SBA Lending, Inc.
(ANects Units 7 & 8)
34. Lessee's Assignment of Lease and Subordination, as recorded May 26, 2004 under
Auditor's File Nos. 3646197 and 3646198.
35. Shared Use Agreement made by and between Michael R. Johnson and Insuk Johnson,
husband and wife and husband, and NEJ, Inc., a Washington corporation, as recorded May
12, 2004 under Auditor's File No. 3640427.
IIIIIII VIIIIIIIIIIIIIIIIIIIIIIIIIIVIIIIIIIIIIIIIII III p6986c a[e 3u,.