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Preliminary Title Report First American Title Insurance Company 673 Woodland Square Loop SE, Ste 407 Lacey, WA 98503 June 18, 2022 Metro Area Title Team Tracy Comas Jesse Schuffenhauer Donna Dube Mia Sweeney Email: title.thurston.wa@firstam.com Phone No. (360) 350-6760 Fax No. (866) 343-5409 Recording Department Email: recording.wa@firstam.com Website: www.firstamthurston.com Order Number: 4299-3962630 Please send all recording packages to 673 Woodland Square Loop SE, Ste 407, Lacey, WA 98503 Buyer: To Be Determined Seller: Balascio Property: 9819 Grove Rd SE Yelm, WA 98597 Attached please find the following item(s): ALTA Commitment for Title Insurance Thank you for your confidence and support. We at First American Title Insurance Company maintain the fundamental principle: Customer First! This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50003700WA (8-23-18) Page 2 of 13 ALTA Commitment for Title Insurance (8-1-16) Washington Schedule A ALTA Commitment for Title Insurance ISSUED BY First American Title Insurance Company File No: 4299-3962630 Transaction Identification Data for reference only: Issuing Agent: First American Title Insurance Company Issuing Office: 673 Woodland Square Loop SE, Ste 407, Lacey, WA 98503 Issuing Office's ALTA® Registry ID: Issuing Office File No.: 4299-3962630 Commitment No.: 4299-3962630 Property Address: 9819 Grove Rd SE, Yelm, WA 98597 Revision No.: SCHEDULE A 1. Commitment Date: June 13, 2022 8:00 AM 2. Policies to be issued: (A) Standard Owner's Policy Basic Rate Proposed Insured: To Follow Proposed Policy Amount: $To Follow Premium: $To Follow Tax: $To Follow (B) ALTA Extended Loan Policy Purchase Money Loan Rate Proposed Insured: To Follow Proposed Policy Amount: $To Follow Premium: $To Follow Tax: $To Follow 3. The estate or interest in the Land described or referred to in this Commitment is Fee Simple 4. The Title is, at the Commitment Date, vested in: Denny Balascio, as his sole and separate property 5. The Land is described as follows: See Exhibit "A" attached hereto and made a part hereof FIRST AMERICAN TITLE INSURANCE COMPANY Tracy Comas, Title Officer This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50003700WA (8-23-18) Page 3 of 13 ALTA Commitment for Title Insurance (8-1-16) Washington Schedule BI & BII ALTA Commitment for Title Insurance ISSUED BY First American Title Insurance Company File No: 4299-3962630 SCHEDULE B, PART I Requirements All of the following Requirements must be met: 1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2. Pay the agreed amount for the estate or interest to be insured. 3. Pay the premiums, fees, and charges for the Policy to the Company. 4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. 5. The marital status of the vested owner described in Paragraph 4 of Schedule A is consistent with the marital status identified in the most current instrument vesting Title. First American Title Insurance Company does not represent that this is the current marital status of the vested owner. The current marital status of the vested owner should be provided to the Company prior to closing. Additional requirements may be imposed based upon any change in marital status since the recording of the current vesting deed. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50003700WA (8-23-18) Page 4 of 13 ALTA Commitment for Title Insurance (8-1-16) Washington Schedule BI & BII (Cont.) ALTA Commitment for Title Insurance ISSUED BY First American Title Insurance Company File No: 4299-3962630 SCHEDULE B, PART II Exceptions THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FED ERAL LAW BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN. The Policy will not insure against loss or damage resulting from the terms and provisions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company: 1. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records or is created, attaches, or is disclosed between the Commitment Date and the date on which all of the Schedule B, Part I-Requirements are met. 2. 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. 3. Any facts, rights, interests, or claims which are not shown by the Public Records but which could be ascertained by an inspection of the Land or by making inquiry of persons in possession thereof. 4. Easements, claims of easement or encumbrances which are not shown by the Public Records. 5. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the Public Records. 6. (A) Unpatented mining claims; (B) Reservations or exceptions in patents or in Acts authorizing the issuance thereof; (C) Water rights, claims or title to water; whether or not the matters excepted under (A), (B) or (C) are shown by the Public Records; (D) Indian Tribal Codes or Regulations, Indian Treaty or Aboriginal Rights, including easements or equitable servitudes. 7. Any lien, or right to a lien, for services, labor or materials or medical assistance heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 8. Any service, installation, connection, maintenance, construction, tap or reimbursement charges/costs for sewer, water, garbage or electricity. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50003700WA (8-23-18) Page 5 of 13 ALTA Commitment for Title Insurance (8-1-16) Washington 9. Lien of Real Estate Excise Tax upon sale of said premises, or transfer of a controlling interest, if unpaid. As of the date herein, the excise tax rates are as follows: Levy/Area Code: 182 State Excise Tax for real property classified as Timberland (RCW 84.34 or RCW 84.33) or Agricultural land (RCW 84.34.020): 1.28% of the selling price All other State Excise Tax: 1.10% of the selling price less than or equal to $500,000.00 1.28% of the selling price from $500,000.01 to $1,500,000.00 2.75% of the selling price from $1,500,000.01 to $3,000,000.00 3.00% of the selling price over $3,000,000.00 Local Excise Tax for Unincorporated Thurston County: .50% of the selling price In addition to the Excise Tax due, a fee of $5.00 will be charged on all taxable transactions ($10.00 on all exempt transactions) 10. General Taxes for the year 2022. The first half becomes delinquent after April 30th. The second half becomes delinquent after October 31st. Tax Account No.: 64303500100 1st Half Amount Billed: $ 1,904.43 Amount Paid: $ 1,904.43 Amount Due: $ 0.00 Assessed Land Value: $ 221,200.00 Assessed Improvement Value: $ 112,300.00 2nd Half Amount Billed: $ 1,904.44 Amount Paid: $ 0.00 Amount Due: $ 1,904.44 Assessed Land Value: $ 221,200.00 Assessed Improvement Value: $ 112,300.00 11. General Taxes on the Mobile Home for the year 2022. The first half becomes delinquent after April 30th. The second half becomes delinquent after October 31st. Mobile Home Tax Account No.: 99801377700 1st Half Amount Billed: $ 331.70 Amount Paid: $ 331.70 Amount Due: $ 0.00 , plus interest and penalty, if delinquent 2nd Half Amount Billed: $ 331.70 Amount Paid: $ 0.00 Amount Due: $ 331.70 , plus interest and penalty, if delinquent This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50003700WA (8-23-18) Page 6 of 13 ALTA Commitment for Title Insurance (8-1-16) Washington 12. General Taxes on the Mobile Home for the year 2022. The first half becomes delinquent after April 30th. The second half becomes delinquent after October 31st. Mobile Home Tax Account No.: 99900122200 1st Half Amount Billed: $ 36.32 Amount Paid: $ 36.32 Amount Due: $ 0.00 , plus interest and penalty, if delinquent 2nd Half Amount Billed: $ 36.32 Amount Paid: $ 0.00 Amount Due: $ 36.32 , plus interest and penalty, if delinquent 13. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: Denny Balascio, as his separate estate Grantee/Beneficiary: Kautilya Capital, a Washington limited liability company Trustee: Trustee Services, Inc. Amount: $500,000.00 Dated: January 31, 2022 Recorded: February 02, 2022 Recording Information: 4912982 14. If the mobile home located upon the premises is to be insured under the policy to issue hereunder, a Manufactured Home Title Elimination Application (Form TC 420 -730) pursuant to Chapter 65.20 RCW must be recorded in the Thurston County Recording Office. Note: A Fee will be charged by the State of Washington Department of Licensing for processing a "Manufactured Home Title Elimination Application." Absent the recording of said Manufactured Home Title Elimination Application, the mobile home is not considered real property and will not be covered by our policy of title insurance when issued. Please advise at the time of closing whether a Manufactured Home Title Elimination will be executed. For current information regarding applicable fees, charges, availability of processing forms and/or procedure inquiries, contact: Benton County: (509) 736-2727 Chelan County: (509) 667-6810 Douglas County: (509) 888-6408 Franklin County: (509) 545-3534 King County: (206) 296-6696 Kitsap County: (360) 337-4440 Pierce County: (253) 798-6111 Snohomish County: (425) 388-3711 Spokane County: (509) 477-2222 Thurston County: (360) 786-5406 Whatcom County (360) 778-5160 Yakima County: (509) 574-1100 This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50003700WA (8-23-18) Page 7 of 13 ALTA Commitment for Title Insurance (8-1-16) Washington 15. Effective February 15, 1991 pursuant to House Bill No. 2907 (Mobile Homes Relocation Assistance) there may be a fee due on a change of ownership of a mobile home. this fee will be paid to the Department of Licensing at the time the mobile home title is transferred. The fees are as follows: A fee will be charged if the mobile home was sold between July 1, 1990 and September 5, 1990 or between February 26, 1991 and the current date. No relocation fee if sold prior to July 1, 1990 or between September 6, 1990 and February 25, 1991. For current information regarding applicable fees, charges, availability of processing forms and/or procedure inquiries, contact: Benton County: (509) 736-2727 Franklin County: (509) 545-3534 King County: (206) 296-6696 Kitsap County: (360) 337-4440 Pierce County: (253) 798-6111 Snohomish County: (425) 388-3711 Spokane County: (509) 477-2222 Thurston County: (360) 786-5406 Whatcom County: (360) 778-5160 Yakima County: (509) 574-1100 16. The land described in this commitment appears to be residential in nature and may be subject to the provisions of R.C.W. 6.13.010, et seq. (Homestead Statute) if the land is occupied as a primary residence. If the land is occupied as a primary residence, R.C.W. 6.13.060 requires that all documents conveying or encumbering the land must be executed by each spouse or domestic partner, individually. Alternatively, the Company will accept a deed identifying the non-vested spouse occupying the property as the grantor and the vested spouse as the grantee. In the event that the Company receives documents to insure that are not executed as required, the Company may be unable to record or to insure the transaction. Please contact your Title Officer if you have any questions. 17. Any and all offers of dedication, conditions, restrictions, easements, boundary discrepancies or encroachments, notes and/or provisions shown or disclosed by Short Plat or Plat of McKenna Irrigated Tracts recorded in Volume 9 of Plats, Page(s) 43-44. 18. Relinquishment of all existing and future rights to light, view and air, together with the rights of access to and from the State Highway constructed on lands conveyed by instrument: Recorded: August 01, 1956 Recording No.: 564310 In favor of: The State of Washington 19. Easement, including terms and provisions contained therein: Recording Information: 646298 For: Rights of Yelm Irrigation District Affects: A portion of said premises This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50003700WA (8-23-18) Page 8 of 13 ALTA Commitment for Title Insurance (8-1-16) Washington 20. Easement, including terms and provisions contained therein: Recording Information: 4122743 In Favor of: City of Yelm For: Utility easement 21. Easement, including terms and provisions contained therein: Recording Information: 4140184 In Favor of: City of Yelm For: Waterline utility easement 22. Conditions, notes, easements, provisions and/or encroachments contained or delineated on the face of the Survey recorded under Recording No. 4913512. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50003700WA (8-23-18) Page 9 of 13 ALTA Commitment for Title Insurance (8-1-16) Washington INFORMATIONAL NOTES A. Effective January 1, 1997, and pursuant to amendment of Washington State Statutes relating to standardization of recorded documents, certain format and content requirements must be met (refer to RCW 65.04.045). Failure to comply may result in rejection of the document by the recorder or additional fees being charged, subject to the Auditor's discretion. B. Any sketch attached hereto is done so as a courtesy only and is not part of any title commitment or policy. It is furnished solely for the purpose of assisting in locating the Land and First American expressly disclaims any liability which may result from reliance made upon it. C. The description can be abbreviated as suggested below if necessary to meet standardization requirements. The full text of the description must appear in the document(s) to be insured. LOT 1, BLK 35, MCKENNA IRRIGATED TRACTS, VOL. 9, P. 43-44, THURSTON COUNTY APN: 64303500100, 99801377700 and 99900122200 Property Address: 9819 Grove Rd SE, Yelm, WA 98597 D. The following deeds affecting the property herein described have been recorded within 36 months of the effective date of this commitment: Recording Number: 4877800 Recording Date: August 26, 2021 E. All matters regarding extended coverage have been cleared for mortgagee's policy. The coverage contemplated by this paragraph will not be afforded in any forthcoming owner's standard coverage policy to be issued. NOTE: The forthcoming Mortgagee's Policy will be the ALTA 2006 Policy unless otherwise noted on Schedule A herein. NOTE: We find no judgments or Federal tax liens against the vestee herein, unless otherwise shown as a numbered exception above. NOTE: A FEE MAY BE CHARGED UPON THE CANCELLATION OF THIS COMMITMENT PURSUANT TO WASHINGTON STATE INSURANCE CODE AND THE FILED RATE SCHEDULE OF THIS COMPANY. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50003700WA (8-23-18) Page 10 of 13 ALTA Commitment for Title Insurance (8-1-16) Washington Commitment ALTA Commitment for Title Insurance ISSUED BY First American Title Insurance Company File No: 4299-3962630 COMMITMENT FOR TITLE INSURANCE Issued By FIRST AMERICAN TITLE INSURANCE COMPANY NOTICE IMPORTANT-READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and the Commitment Conditions, First American Title Insurance Company, a Nebraska Corporation (the "Company"), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I-Requirements have not been met within six months after the Commitment Date, this Commitment terminates and the Company's liability and obligation end. If this jacket was created electronically, it constitutes an original document. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50003700WA (8-23-18) Page 11 of 13 ALTA Commitment for Title Insurance (8-1-16) Washington COMMITMENT CONDITIONS 1. DEFINITIONS (a) “Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public Records. (b) “Land”: The land described in Schedule A and affixed improvements that by law constitute real property. The term “Land” does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. (c) “Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law. (d) “Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. (e) “Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. (f) “Proposed Policy Amount”: Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. (g) “Public Records”: Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (h) “Title”: The estate or interest described in Schedule A. 2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, this Commitment terminates and the Company’s liability and obligation end. 3. The Company’s liability and obligation is limited by and this Commitment is not valid without: (a) the Notice; (b) the Commitment to Issue Policy; (c) the Commitment Conditions; (d) Schedule A; (e) Schedule B, Part I—Requirements; and (f) Schedule B, Part II—Exceptions. 4. COMPANY’S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment. 5. LIMITATIONS OF LIABILITY (a) The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured’s good faith reliance to: (i) comply with the Schedule B, Part I—Requirements; (ii) eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or (iii) acquire the Title or create the Mortgage covered by this Commitment. (b) The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (c) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. (d) The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount. (e) The Company shall not be liable for the content of the Transaction Identification Data, if any. (f) In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements have been met to the satisfaction of the Company. (g) In any event, the Company’s liability is limited by the terms and provisions of the Policy. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50003700WA (8-23-18) Page 12 of 13 ALTA Commitment for Title Insurance (8-1-16) Washington 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT (a) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment. (b) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment. (c) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. (d) The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. (e) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company. (f) When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy. 7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company’s agent for the purpose of providing closing or settlement services. 8. PRO-FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9. ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at http://www.alta.org/arbitration. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50003700WA (8-23-18) Page 13 of 13 ALTA Commitment for Title Insurance (8-1-16) Washington Exhibit A ISSUED BY First American Title Insurance Company File No: 4299-3962630 File No.: 4299-3962630 Denny Balascio, as his sole and separate property THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF THURSTON, STATE OF WA, AND IS DESCRIBED AS FOLLOWS: LOT 1, IN BLOCK 35 OF MCKENNA IRRIGATED TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 9 OF PLATS, PAGES 43 AND 44; TOGETHER WITH THAT PART OF THE SOUTH HALF OF VACATE D FLUME LANE ADJOINING SAID LOT ON THE NORTH IN THURSTON COUNTY, WASHINGTON. 64303500100, 99801377700 and 99900122200 9819 Grove Rd SE Yelm, Washington 98597 EXHIBIT A LEGAL DESCRIPTION: Real property in the County of Thurston, State of Washington, described as follows: LOT 1, IN BLOCK 35 OF MCKENNA IRRIGATED TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 9 OF PLATS, PAGES 43 AND 44; TOGETHER WITH THAT PART OF THE SOUTH HALF OF VACATED FLUME LANE ADJOINING SAID LOT ON THE NORTH IN THURSTON COUNTY, WASHINGTON. Tax Parcel ID No. 64303500100 and 99801377700 and 99900122200 28 C BLA-0660 5 1 MC KENNA IRRIGATED T Privacy Notice Effective: October 1, 2019 Notice Last Updated: January 1, 2022 This Privacy Notice describes how First American Financial Corporation and its subsidiaries and affiliates (together referred to as “First American,” “we,” “us,” or “our”) collect, use, store, and share your information with the exception that a subsidiary or affiliate has their own privacy policy, that policy governs. This Privacy Notice applies to information we receive from you offline only, as well as from third parties, when you interact with us and/or use and access our services and products (“Products”). For more information about our privacy practices, including our online practices, please visit https://www.firstam.com/privacy-policy/. The practices described in this Privacy Notice are subject to applicable laws in the places in which we operate. What Type Of Information Do We Collect About You? We collect a variety of categories of information about you. To learn more about the categories of information we collect, please visit https://www.firstam.com/privacy-policy/. How Do We Collect Your Information? We collect your information: (1) directly from you; (2) automatically when you interact with us; and (3) from third parties, including business parties and affiliates. How Do We Use Your Information? We may use your information in a variety of ways, including but not limited to providing the services you have requested, fulfilling your transactions, comply with relevant laws and our policies, and handling a claim. To learn more about how we may use your information, please visit https://www.firstam.com/privacy- policy/. How Do We Share Your Information? We do not sell your personal information. We only share your information, including to subsidiaries, affiliates, and to unaffiliated third parties: (1) with your consent; (2) in a business transfer; (3) to service providers; and (4) for legal process and protection. To learn more about how we share your information, please visit https://www.firstam.com/privacy-policy/. How Do We Store and Protect Your Information? The security of your information is important to us. That is why we take commercially reasonable steps to make sure your information is protected. We use our best efforts to maintain commercially reasonable technical, organizational, and physical safeguards, consistent with applicable law, to protect your information. How Long Do We Keep Your Information? We keep your information for as long as necessary in accordance with the purpose for which it was collected, our business needs, and our legal and regulatory obligations. Your Choices We provide you the ability to exercise certain controls and choices regarding our collection, use, storage, and sharing of your information. You can learn more about your choices by visiting https://www.firstam.com/privacy- policy/. International Jurisdictions: Our Products are offered in the United States of America (US), and are subject to US federal, state, and local law. If you are accessing the Products from another country, please be advised that you may be transferring your information to us in the US, and you consent to that transfer and use of your information in accordance with this Privacy Notice. You also agree to abide by the applicable laws of applicable US federal, state, and local laws concerning your use of the Products, and your agreements with us. We may change this Privacy Notice from time to time. Any and all changes to this Privacy Notice will be reflected on this page, and where appropriate provided in person or by another electronic method. YOUR CONTINUED USE, ACCESS, OR INTERACTION WITH OUR PRODUCTS OR YOUR CONTINUED COMMUNICATIONS WITH US AFTER THIS NOTICE HAS BEEN PROVIDED TO YOU WILL REPRESENT THAT YOU HAVE READ AND UNDERSTOOD THIS PRIVACY NOTICE. Contact Us dataprivacy@firstam.com or toll free at 1-866-718-0097. © 2022 First American Financial Corporation and/or its affiliates. All rights reserved. NYSE:FAF Form 10-PRIVACY22 (12-7-21) Page 1 of 2 Privacy Notice (2022 First American Financial Corporation) English For California Residents If you are a California resident, you may have certain rights under California law, including but not limited to the California Consumer Privacy Act of 2018 (“CCPA”). All phrases used in this section shall have the same meaning as those phrases are used under California law, including the CCPA. Right to Know. You have a right to request that we disclose the following information to you: (1) the categories of personal information we have collected about or from you; (2) the categories of sources from which the personal information was collected; (3) the business or commercial purpose for such collection and/or disclosure; (4) the categories of third parties with whom we have shared your personal information; and (5) the specific pieces of your personal information we have collected. To submit a verified request for this information, go to our online privacy policy at www.firstam.com/privacy-policy to submit your request or call toll-free at 1-866-718-0097. You may also designate an authorized agent to submit a request on your behalf by going to our online privacy policy at www.firstam.com/privacy- policy to submit your request or by calling toll-free at 1-866-718-0097 Right of Deletion. You also have a right to request that we delete the personal information we have collected from and about you. This right is subject to certain exceptions available under the CCPA and other applicable law. To submit a verified request for deletion, go to our online privacy policy at www.firstam.com/privacy-policy to submit your request or call toll-free at 1-866-718-0097. You may also designate an authorized agent to submit a request on your behalf by going to our online privacy policy at www.firstam.com/privacy-policy to submit your request or by calling toll-free at 1-866-718- 0097. Verification Process. For either a request to know or delete, we will verify your identity before responding to your request. To verify your identity, we will generally match the identifying information provided in your request with the information we have on file about you. Depending on the sensitivity of the information requested, we may also utilize more stringent verification methods to verify your identity, including but not limited to requesting additional information from you and/or requiring you to sign a declaration under penalty of perjury. Notice of Sale. We do not sell California resident information, nor have we sold California resident information in the past 12 months. To the extent any First American affiliated entity has a different practice, it will be stated in the applicable privacy policy. We have no actual knowledge of selling the information of minors under the age of 16. Right of Non-Discrimination. You have a right to exercise your rights under California law, including under the CCPA, without suffering discrimination. Accordingly, First American will not discriminate against you in any w ay if you choose to exercise your rights under the CCPA. Notice of Collection. To learn more about the categories of personal information we have collected about California residents over the last 12 months, please see “What Information Do We Collect About You” in https://www.firstam.com/privacy-policy. To learn about the sources from which we have collected that information, the business and commercial purpose for its collection, and the categories of third parties with whom we have shared that information, please see “How Do We Collect Your Information”, “How Do We Use Your Information”, and “How Do We Share Your Information” in https://www.firstam.com/privacy-policy. Notice of Sale. We have not sold the personal information of California residents in the past 12 months. Notice of Disclosure. To learn more about the categories of personal information we may have disclosed about California residents in the past 12 months, please see “How Do We Use Your Information” and “How Do We Share Your Information” in https://www.firstam.com/privacy-policy. © 2022 First American Financial Corporation and/or its affiliates. All rights reserved. NYSE:FAF Form 10-PRIVACY22 (12-7-21) Page 2 of 2 Privacy Notice (2022 First American Financial Corporation) English AFTER RECORDING RETURN TO: BUZZARD O'ROURKE, P.S. PO Box 59 314 Harrison Avenue Centralia, WA 98531 A►1G 26 521394236 Thurston County Treasurer Real Estate Excise Tax Paid N I Deputy Quit Claim Deed GRANTOR(S): YELM PROPERTY DEVELOPMENT, LLC, a Washington Limited Liability Company GRANTEE(S): DENNY BALASCIO, individually LEGAL DESCRIPTION: Lot 1 in Block 35 of McKenna Irrigated Tracts PARCEL NO's.: 64303500100, 99801377700, 99900122200 THE GRANTOR, YELM PROPERTY DEVELOPMENT, LLC, A Washington Limited Liability Company, for no consideration (mere change in identify/form), conveys and quit claims, to DENNY BALASCIO, as his separate estate, the following described real estate, situated in the County of Thurston, State of Washington, including any interest therein which Grantor may hereafter acquire: Lot 1 in Block 35 of McKenna Irrigated Tracts, as per plat recorded in Volume 9 of Plats, pages 43, records of Thurston County, Washington; TOGETHER WITH that part of the south half of vacated Flume Lane adjoining said lot on the North. SUBJECT TO covenants, conditions, and encumbrances of record, if any. DATED this / D -6day of u u S f , 2021. YELM PROPERTY DEVELOPMENT, LLC By: 4877800 Pages: 2 08/26/2021 03:37 PM Deed Thurston County Washington BUZZARD W ROURKE. P.S 1111 K FA k1% I64f 10 MAN 11110111111 4877800 Page 2 of 2 08/26/2021 03,37 PM Thurston County WA STATE OF WASHINGTON } } SS. County of sC nc)I.0 on n } On this day personally appeared before me , to me known to be the individual described in and who executed the w' in and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned. Given under my hand and official seal this I V$l day ofAV tk 2021. ALYCIA ZUANICH Notary Public State of Washington Commission # 188481 My Comm. Expires Dec 21, 2024 bLt4--'-- &mt'A Notary Public in air for the State of: WA Residing at: _Ld M 0() S , W N My commission expires: Printed Name: 4912982 Pages:19 02/02/2022 11:46 AM DT Thurston County, Washington AEGIS LAND TITLE GROUP AG LTG 2022-36129-BI Recording Requested By; After Recording Return to: KAUTILYA CAPITAL, LLC 3838 59th Ave SW Seattle, WA 98116 Attn: Vineet Wahi AGLTG 2022-36129-BI DEED OF TRUST Grantor(s): DENNY BALASCIO, AS ❑ Additional on page _ Grantees: Trustee: Beneficiary: KAUTILYA CAPITAL, LLC ❑ Additional on page Legal Description (abbreviated): LOT 1, BLOCK 35, MCKENNA IRRIGATED TRACTS, VOL. 9, PAGE 43 ❑Q Complete legal on EXHiBiT A Assessor's Tax Parcel Identification No(s): No. of Documents Released or 122200 NOTICE TO RECORDER: THIS DOCUMENT CONTAINS A FIXTURE FILING AND SHOULD BE FILED AND INDEXED IN THE REAL ESTATE RECORDS NOT ONLY AS A DEED OF TRUST, BUT ALSO AS A FIXTURE FILING. This DEED OF TRUST ("Deed of Trust') is made as of January 31, 2022 by and among DENNY BALASCIO, AS HIS SEPARATE ESTATE ("Borrower" or "Trustor"), whose mailing address is 21709 96th Ave W. Edmonds, WA 98020; to TRUSTEE SERVICES, INC. ("Trustee'), whose mailing address is P.O. BOX 2980 Silverdale, WA 98383- 2980; and KAUTILYA CAPITAL, a Washington limited liability company ("Lender" or `Beneficiary'l. Notice to Trustor: The Note secured by this Deed of Trust contains provisions for a variable interest rate. 1. GRANT IN TRUST AND SECURED OBLIGATIONS. 1.1 Grant in Trust. For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and for the purpose of securing the full and timely payment and performance of the Secured Obligations defined and described in Section 1.2 for the benefit of Lender, Borrower hereby irrevocably and unconditionally grants, transfers, bargains, conveys transfers, sets over, and assigns to Trustee, in trust, for the uses and purposes set forth herein forever, with power of sale and right of entry and possession, and grants a security interest Deed of Trust page 1 4912982 Page 2 of 19 02/02/2022 11.46 AM Thurston County WA in, all estate, right, title and interest that Borrower now has or may later acquire in and to the following property (all or any part of such property, or any interest in all or any part of it, as the context may require, the "Collateral'), which Collateral is not used principally or primarily for agricultural or farming purposes: 1.1.1 Land, Appurtenances, Easements. That certain real property and all interests therein located in Thurston County, Washington, more particularly described in EXHIBIT A attached hereto and incorporated herein by this reference, together with all existing and future easements, access rights, appurtenances, privileges, licenses, hereditaments, franchises and tenements, including all water stock and water rights owned by Borrower and all minerals, oil, gas, and other commercially valuable substances that may be in, under or produced from any part of it (collectively, the "Land"); 1.1.2 Improvements. All buildings, structures, and improvements now located or later to be constructed on the Land (the "Improvements"); 1.1.3 Related Real Property and Improvements. All real property and improvements on it, and all appurtenances, permits, plans, licenses, subdivision rights, contracts, contract rights, and other property and interests of any kind or character, including all water and sewer taps belonging to or in any way related to or appurtenant to the Land or Improvements, whether described in EXHIBIT A or not, that may be reasonably necessary or desirable to promote the present and any reasonable future beneficial use and enjoyment of the Land and Improvements; 1.1.4 Leases and Licenses. Subject to the terms of Section 5 hereof, all existing and future leases, subleases, sub -tenancies, licenses, occupancy agreements, and concessions relating to the use and enjoyment of all or any part of the Project (defined below), written or oral, now in existence or hereafter arising, and extensions or renewals thereof, together with the right, power, and authority of Borrower to alter, modify or change the terms thereof or surrender, cancel or terminate the same, and any and all deposits, guaranties and other agreements relating to or made in connection with any of the foregoing (the "Leases"); 1.1.5 Goods, Materials, Fixtures, etc. All goods, materials, supplies, chattels, furniture, appliances, furnishings, fixtures, equipment and machinery now or later to be attached to, placed in or on, or used in connection with the use, enjoyment, occupancy or operation of all or any part of the Project (defined below), whether stored on the Land or elsewhere, all of which shall be considered to the fullest extent of the law to be real property for purposes of this Deed of Trust; 1.1.6 Construction Materials and Equipment. All building materials, equipment, work in process or other personal property of any kind, whether stored on the Land or elsewhere, that have been or later will be acquired for the purpose of being delivered to, incorporated into, or installed in or about the Land or Improvements; 1.1.7 Borrower Funds. All of Borrower's interest in and to the proceeds of the Secured Obligations (defined below), whether disbursed or not; all present and future monetary deposits given by Borrower to any public or private utility with respect to utility services furnished to the Land or Improvements; and any accounts established in connection with the Secured Obligations; 1.1.8 Rent, Issues, and Profits. Subject to the rights of Lender under Section 5 hereof, all income, rents, security or similar deposits, revenues, issues, royalties, profits, leases, earnings, products and proceeds of the Land or Improvements, including, without limitation, all rights to the payment of money, accounts, accounts receivable, reserves, deferred payments, refunds, cost savings, insurance or condemnation proceeds, payments and deposits, and any proceeds from the sale of any lots comprising the Land and any residences constructed thereon, and any deposits on account thereof (collectively, the "Rents, Issues and Profits'); 1.1.9 Contracts and Plans. All contracts of every kind relating to development, construction, marketing, and sale of the Project, including, without limitation, any construction contracts and subcontracts, contracts with architects, engineers, and other service providers, supply contracts, consulting agreements, financing Deed of Trust page 2 4912982 Page 3 of 19 02/02/2022 11.46 AM Thurston County WA commitments and agreements, joint development agreements, service and maintenance agreements, marketing and listing agreements, lot reservation agreements, and purchase and sale agreements, and any other existing and future contracts of any kind relating to the Project, together with all deposits, escrows, payments, or other proceeds thereunder, as well as all existing and future amendments, modifications, and supplements thereof (collectively, the "Contracts"); and all designs, drawings, plans, specifications, trademarks, logos, and other work product prepared or to be prepared in connection with the development, construction, marketing, and sale of the Project (as defined below), together with all existing and future amendments, modifications, and supplements thereof (collectively, the "Plans"); 1.1.10 Insurance. All insurance policies pertaining to the Collateral or Borrower's operations thereon; together with all proceeds thereof and rights thereto, including: all unearned premiums returnable upon cancellation; all claims to and demands for them, of the voluntary or involuntary conversion of any of the Land, Improvements or the other Collateral described above into cash or liquidated claims, including proceeds of all present and future fire, hazard or casualty insurance policies and all condemnation awards or payments now or later to be made by any public body or decree by any court of competent jurisdiction for any taking or in connection with any condemnation or eminent domain proceeding, and all causes of action and their proceeds for any damage or injury to the Land, Improvements or the other Collateral described herein or any part of that Collateral, or breach of warranty in connection with the construction of the Improvements, including causes of action arising in tort, contract, fraud or concealment of a material; 1.1.11 Miscellaneous Personal Property. Any and all personal property of any kind whatsoever, whether tangible or intangible, that is used or will be used in construction of, or is or will be placed upon or is derived from or used in any connection with the use, occupancy or enjoyment of, the Land or Improvements; 1.1.12 Books and Records. All books and records pertaining to any and all of the property described above, including records stored on computer readable media, and a limited sublicense to use the computer hardware or software necessary to access such records ("Books and Records"); 1.1.13 Additional Property. Any additional personal property otherwise set forth herein or listed on any UCC-1 financing statement filed to perfect Lender's security interest hereunder; 1.1.14 Rights of Declarant. All of Borrower's right, title and interest in and to any and all units, declarant rights, and any other rights relating to the Land or the Improvements, whether now existing or subsequently arising, under any and all covenants, conditions, restrictions, development agreements, laws or other agreements now existing or later enacted relating to the Land and Improvements, including, without limitation, those relating to condominiums; and 1.1.15 Proceeds. All proceeds of, supporting obligations for, additions and accretions to, substitutions and replacements for, and changes in any of the property described above. The Land, Improvements, related real property, and all personal property now or hereafter installed on or used in connection with the Land and/or Improvements are collectively referred to herein as the "Project" The Project constitutes the bulk of, but not the entirety of, the Collateral. 1.2 Secured Obligations. Borrower makes the grant, conveyance, transfer and assignment set forth in Section 1.1 and grants the security interest set forth in Section 2.1 for the purpose of securing the following obligations (the "Secured Obligations") in any order of priority that Lender may choose: 1.2.1 Promissory Note. Payment of all obligations at any time owing under that certain Promissory Note payable by Borrower, as maker, to the order of Lender or order, executed concurrently herewith (the "Note"), evidencing a loan from Lender to Borrower in the original principal amount of FIVE HUNDRED THOUSAND AND 00/100THS DOLLARS ($500,000.00) (the "Loan"), together with interest thereon at a variable rate and any modifications, extensions or renewals thereof, whether or not any such modification, extension or renewal is evidenced by a new or additional promissory note or notes; Deed of Trust page 3 4912982 Page 4 of 19 02/02/2022 11.46 AM Thurston County WA 1.2.2 Loan Documents. Payment and/or performance of each and every other obligation of Borrower under the Note, this Deed of Trust, any loan facility agreement executed in conjunction therewith (the "Loan Agreement'), all other documents evidencing, securing, or otherwise governing the Loan (specifically excluding, however, for purposes of establishing the Secured Obligations, any obligations arising under any guaranty of the Secured Obligations or any environmental or hazardous substances indemnity agreement related to the Project (each an "Indemnity Agreement')), and any and all amendments, modifications, and supplements thereto (collectively, the "Loan Documents"), the provisions of which are incorporated herein by this reference; and 1.2.3 Modifications and Amendments. Payment and performance of all modifications, amendments, extensions, and renewals, however evidenced, of any of the Secured Obligations. All persons who may have or acquire an interest in all or any part of the Collateral will be considered to have notice of, and will be bound by, the terms of the Secured Obligations and each other agreement or instrument made or entered into in connection with each of the Secured Obligations. 1.3 Unsecured Obligations. Notwithstanding anything to the contrary set forth herein or any of the Loan Documents, this Deed of Trust shall not secure the following obligations (the "Unsecured Obligations"): (a) any obligations evidenced by or arising under an Indemnity Agreement, (b) any other obligations in this Deed of Trust or in any of the other Loan Documents to the extent that such other obligations relate specifically to the presence on the Land of hazardous substances or materials and are the same or have the same effect as any of the obligations evidenced by or arising under any Indemnity Agreement, and (c) any guaranty of the Secured Obligations. Any breach or default with respect to the Unsecured Obligations shall constitute an Event of Default hereunder, notwithstanding the fact that such Unsecured Obligations are not secured by this Deed of Trust. Nothing in this Section shall impair or limit Lender's right to obtain a judgment in accordance with applicable law after foreclosure for any deficiency in recovery of all obligations that are secured by this Deed of Trust following foreclosure. 2. SECURITY AGREEMENT. 2.1 Grant of Security Interest. This Deed of Trust creates a lien on the Collateral, and constitutes an absolute assignment of the Rents, Issues and Profits and of the Leases, all in favor of Lender, and includes all property now or hereafter affixed or attached to or incorporated upon the Land and Improvements, which, to the fullest extent permitted by law, shall be deemed fixtures and a part of the real property. To the extent that any part of the Collateral or Rents, Issues and Profits and Leases may be, or are determined to be, personal property, Borrower, as debtor, hereby grants to Lender, as secured party, a security interest in such part of the Collateral and Rents, Issues and Profits and Leases as is determined to be personal property, to secure payment and performance of the Secured Obligations. As to such personal property, this Deed of Trust constitutes a security agreement under the Article 9 of the Uniform Commercial Code of the state in which the Project is located (the "State"), with Grantor/Trustor as Debtor and Grantee/Beneficiary as Secured Party. Terms used to describe the Collateral in Section 1 of this Deed of Trust shall have the definitions ascribed to such terms under the Uniform Commercial Code of the State. 2.2 Perfection of Security Interest. Borrower hereby authorizes Lender to file one or more financing statements, continuation statements, financing statement amendments, and such other documents as Lender may from time to time require to perfect and continue the perfection of Lender's security interest in any part of the Collateral or the Rents, Issues and Profits and Leases. Borrower shall pay all fees and costs that Lender may incur in filing such documents in public offices and in obtaining such record searches as Lender may reasonably require. If any financing statement or other document is filed in the records normally pertaining to personal property, that filing shall not be construed as in any way derogating from or impairing the declaration and the stated intention of the parties hereto that the Collateral and all components thereof are, to the maximum extent possible, real property or otherwise impair the rights or obligations of the parties under this Deed of Trust. 3. FIXTURE FILING. This Deed of Trust constitutes a financing statement filed as a fixture filing under the Uniform Commercial Code in effect in the State, as amended or recodified from time to time, covering any part of the Collateral that now is or later may become fixtures attached to the Land or Improvements. Deed of Trust page 4 4912982 Page 5 of 19 02/02/2022 11.46 AM Thurston County WA 4. ASSIGNMENT OF RENTS. 4.1 Leasing. Borrower shall not lease the Project or any part thereof unless permitted under the Loan Agreement or by other express written consent of Lender, and then only strictly in accordance with such agreement. Notwithstanding the foregoing, however, any and all Leases at the Project, whether or not entered into with the consent of Lender, shall be subject to the provisions of this Section 4. 4.2 Assignment. Borrower hereby irrevocably, presently, absolutely, and unconditionally assigns and transfers to Lender: (i) the Rents, Issues, and Profits; (ii) all Leases, and (iii) any and all guarantees of any obligations of any lessee under each of the Leases (a "Lessee"). The assignments in this Section are absolute assignments and irrevocable from Borrower to Lender and not merely the passing of security interests or assignments for security only. 4.3 Grant of License. Lender hereby confers upon Borrower a license ("License") to collect and retain the Rents, Issues, and Profits as they become due and payable, and to administer the Leases, so long as no Event of Default, as defined in Section 6.1, shall exist and be continuing. If an Event of Default has occurred and is continuing, such License shall terminate without notice to or demand upon Borrower, without regard to the adequacy of Lender's security under this Deed of Trust. 4.4 Collection and Application of Rents, Issues, and Profits. 4.4.1 Right to Collect; Attorney in Fact. Subject to the License granted to Borrower under the above Section, Lender has the right, power, and authority to collect any and all Rents, Issues, and Profits and administer the Leases. Borrower hereby appoints Lender its attorney -in -fact, coupled with an interest, to, at such times as Lender may choose in its sole discretion: (i) demand, receive and enforce payment of any and all Rents, Issues and Profits; (ii) give receipts, releases and satisfactions for any and all Rents, Issues and Profits; or (iii) sue either in the name of Borrower and/or in the name of Lender for any and all Rents, Issues and Profits. 4.4.2 Possession of Project not Required. Lender's right to the Rents, Issues, and Profits does not depend on whether or not Lender takes possession of the Project as permitted hereunder. If an Event of Default occurs while Lender is in possession of all or part of the Project and is collecting and applying Rents, Issues and Profits as permitted under this Deed of Trust, Lender, Trustee, and any receiver shall nevertheless be entitled to exercise and invoke every right and remedy afforded any of them under this Deed of Trust and at law or in equity. 4.5 Enforcement of Leases. Borrower will (i) comply with and observe Borrower's obligations as landlord under all Leases and will do all that is necessary to preserve all Leases in force and free from any right of counterclaim, defense or set off, (ii) enforce the performance of each and every obligation, term, covenant, condition and agreement in the Leases by the tenants to be performed, (iii) notify Lender of the occurrence of any default under any Leases for non-residential use, and (iv) appear in and defend any action or proceeding arising under, occurring out of, or in any manner connected with the Leases or the obligations, duties, or liabilities of Borrower or the tenants thereunder. Without Lender's written consent, Borrower will not collect or accept payment of any Rents from the Collateral more than one (1) month prior to the due dates thereof; will not surrender or terminate any Lease for non-residential use; and will not request or consent to the subordination of any Lease to any lien subordinate to this Deed of Trust. 4.6 Lender Not Responsible. Under no circumstances shall Lender have any duty to produce Rents, Issues, and Profits from the Project. Regardless of whether or not Lender, in person or by agent, takes actual possession of the Project, Lender is not and shall not be deemed to be: (i) a "mortgagee in possession" for any purpose; (ii) responsible for performing any of the obligations of the lessor under any Lease; (iii) responsible for any waste committed by Lessees or any other parties, any dangerous or defective condition of the Project, or any negligence in the management, upkeep, repair or control of the Project; or (iv) liable in any manner for the Project or the use, occupancy, enjoyment or operation of all or any part of it, except for such matters as may arise from the willful misconduct and bad faith of Lender. Deed of Trust page 5 4912982 Page 6 of 19 02/02/2022 11:46 AM Thurston County WA 5. RIGHTS AND DUTIES OF THE PARTIES. 5.1 Performance of Secured Obligations. Borrower shall promptly pay and perform each Secured Obligation in accordance with its terms. 5.2 Representations and Warranties. Borrower represents and warrants that: 5.2.1 Commercial Purposes. The Loan and the other Secured Obligations were obtained by Borrower and will continue to be used for commercial or business purposes, other than agricultural, timber, or grazing purposes, and not for personal, family, or household purposes. 5.2.2 Title to Land and Improvements. Borrower holds good and indefeasible fee simple title to all of the Land and Improvements, subject only to such exceptions and encumbrances as have been approved in writing by Lender (the "Permitted Exceptions"), and Borrower has or will have good title to all portions of the Collateral other than the Land and Improvements. 5.2.3 Title to Personal Property. Borrower owns any portion of the Collateral that is personal property free and clear of any security agreements, reservations of title, or conditional sales contracts, and there is no financing statement affecting such personal property on file in any public office other than in Lender's favor. 5.2.4 Right to Encumber/Priority. Borrower has the full and unlimited power, right, and authority to encumber the Collateral and assign the Rents, Issues and Profits and Leases. Upon recording of this Deed of Trust and filing of a UCC Financing Statement with respect to any portion of the Collateral that is determined to be personal property, this Deed of Trust will create a first and prior lien on and security interest in the Collateral that is subject and subordinate to no other liens except for the Permitted Exceptions. 5.3 Taxes and Assessments. Borrower shall pay or cause to be paid when due, all general real and personal property taxes, special and supplemental real and personal property taxes and assessments, license fees, license taxes, levies, charges, penalties, or other taxes or similar impositions imposed by any public or quasi -public authority or utility company that are or may become a lien upon the Collateral. Borrower shall also pay when due all real property taxes, assessments, levies, and charges imposed by any public authority upon Lender by reason of its interest in the Collateral created hereby. All of the foregoing taxes, assessments and other charges payable by Borrower with respect to the Collateral are collectively referred to as the 'Impositions." If requested by Lender, Borrower shall furnish Lender with receipts from the appropriate taxing authority or other proof satisfactory to Lender that all Impositions have been paid on or before the date upon which they become delinquent. 5.4 Liens, Charges and Encumbrances. Borrower shall not encumber or permit the encumbrance of the Collateral without Lender's prior written consent and Borrower shall immediately discharge any lien on the Collateral to which Lender has not consented in writing. Borrower shall pay or cause to be paid when due all obligations secured by or reducible to liens and encumbrances that shall now or hereafter encumber or appear to encumber the Collateral or any part thereof, all claims for work or labor performed, or materials or supplies furnished, in connection with any work upon the Project, whether the lien, charge or encumbrance is or would be senior or subordinate to this Deed of Trust; provided, however, that Borrower shall not be in default hereunder due to any such lien, charge, or encumbrance that is a Permitted Exception. Lender hereby expressly reserves the right to advance any and all funds necessary to cure any and all such obligations, and/or claims. 5.5 Required Insurance. Borrower shall maintain insurance coverages in effect with respect to the Collateral in accordance with the insurance requirements of Lender set forth in the Loan Agreement or otherwise provided by Lender to Borrower in writing prior to the closing of the Loan, as such requirements may be updated by from time to time by Lender. Each insurance policy shall be with a company and in a form acceptable to Lender, as determined by Lender in its reasonable discretion, and shall name Lender as an additional insured. Deed of Trust page 6 4912982 Page 7 of 19 02/02/2022 11:46 AM Thurston County WA 5.6 Insurance and Condemnation Proceeds. 5.6.1 Payment to Lender. Borrower hereby absolutely and irrevocably assigns to Lender, and authorizes the payor to pay to Lender, the following claims, causes of action, awards, payments and rights to payment, together with all interest that may accrue thereon (collectively, the "Claims"): 5.6.1.1 Condemnation Awards. All awards of damages and all other compensation payable directly or indirectly because of a condemnation, proposed condemnation, or taking for public or private use that affects all or part of the Collateral or any interest in it; 5.6.1.2 Warranty Claims. All awards, claims, and causes of action arising out of any warranty affecting all or any part of the Collateral, or for damage or injury to or decrease in value of all or part of the Collateral or any interest in it; and 5.6.1.3 Insurance Proceeds. All proceeds of any insurance policies payable because of damage or loss sustained to all or part of the Collateral. 5.6.2 Notice to Lender. Borrower shall immediately notify Lender in writing if: (i) any damage occurs or any injury or loss is sustained to all or part of the Collateral, whether or not covered by insurance or warranty, or any action or proceeding relating to any such damage, injury, or loss is commenced; or (ii) any offer is made, or any action or proceeding is commenced, that relates to any actual or proposed condemnation or taking of all or part of the Collateral. 5.6.3 Pursuit of Claims. Borrower shall pursue recovery of all such Claims and defend its rights under any proceeding for condemnation of the Collateral or any part thereof and prosecute the same with due diligence to its final disposition, and shall cause any awards or settlements to be paid over to Lender for disposition pursuant to the terms of this Deed of Trust. Lender may, at Lender's option and in Lender's sole discretion, as attorney -in -fact for Borrower, make proof of loss and adjust and compromise any Claims, appear in or prosecute any action or proceeding to enforce the Claims, or participate in any action or proceeding relating to condemnation or taking of all or part of the Collateral, and may join Borrower in adjusting any loss covered by insurance. Borrower shall deliver or cause to be delivered to Lender such instruments as may be requested by Lender from time to time to permit Lender to take any such actions. 5.6.4 Application of Proceeds. All proceeds of the Claims that Borrower may receive or be entitled to receive shall be paid to Lender. Lender shall apply any proceeds received by it hereunder first to the payment of the reasonable costs and expenses incurred in the collection of the proceeds. Lender shall then apply the remaining balance of such proceeds (the "Net Claims Proceeds"), in its absolute discretion and without regard to the adequacy of its security: (i) to any of the Secured Obligations, notwithstanding the fact that Secured Obligations may not be due according to the terms thereof, (ii) to reimburse Borrower for the costs of reconstructing the Improvements or otherwise repairing or restoring the Collateral; or (iii) to Borrower; provided, however, that if there are no outstanding Events of Default under any of the Loan Documents and Borrower establishes, to Lender's reasonable satisfaction, that Borrower has sufficient funds, including the Net Claims Proceeds, to fully rebuild or repair the Collateral within the remaining term of the Loan and without delaying the completion date of the Project, Lender shall make disbursements of the Net Claims Proceeds for purposes of repair or restoration of the Collateral. 5.6.5 Restoration. If the Net Claims Proceeds are used to reimburse Borrower for the cost of reconstruction, restoration, or repair of the Collateral, the Collateral shall be promptly and diligently restored by Borrower to the equivalent of its condition immediately prior to the casualty or condemnation in accordance with the Plans or to such other condition as Lender may approve in writing, and disbursements of such Net Claims Proceeds shall be in accordance with disbursement procedures acceptable to Lender. If, after applying the Net Claims Proceeds to the Secured Obligations, Lender reasonably determines the remaining security to be inadequate to secure the remaining Secured Obligations, Borrower shall, upon written demand from Lender, repay an amount that will reduce the remaining Secured Obligations to a balance for which adequate security is present. Deed of Trust page 7 4912982 Page 8 of 19 02/02/2022 11:46 AM Thurston County WA 5.7 Reserves for Taxes and Insurance. If required by Lender after an Event of Default has occurred, Borrower shall deposit with Lender, in monthly installments, an amount equal to one -twelfth of the estimated aggregate annual Impositions and insurance premiums for the Project. In such event, Borrower shall cause all bills, statements, or other documents relating to the Impositions and insurance premiums to be sent or mailed directly to Lender. Upon receipt of such bills, statements, or other documents, and provided Borrower has deposited sufficient funds with Lender pursuant to this Section, Lender shall pay such amounts as may be due thereunder out of the funds so deposited with Lender. If at any time and for any reason the funds deposited with Lender are or will be insufficient to pay such amounts as may then or subsequently be due, Lender shall notify Borrower and Borrower shall immediately deposit an amount equal to such deficiency with Lender. Notwithstanding the foregoing, nothing contained herein shall cause Lender to be deemed a trustee of said funds or to be obligated to pay any amounts in excess of the amount of funds deposited with Lender pursuant to this Section. Lender may commingle said reserve with its own funds and Borrower shall be entitled to no interest thereon. 5.8 Maintenance and Preservation of the Collateral. Borrower covenants: (i) to maintain and preserve the Collateral in good condition and repair and in a prudent businesslike manner; (ii) not to remove, demolish or structurally alter the Collateral or any part thereof, or alter, restore or add to the Collateral, or initiate or allow any change in any zoning or other land use classification that affects the Collateral or any part of it, except with Lender's express prior written consent, and except such alterations as may be required by laws, ordinances, rules, regulations, or orders of governmental authorities or by the terms hereof; (iii) to comply with and not suffer violations of any existing and future subdivision laws, building codes, zoning laws and regulations, and other laws, regulations, ordinances, rules, codes, orders, directives, guidelines, building restrictions and requirements of, and all agreements with and commitments to, all federal, state, county or municipal governmental, judicial or legal authorities or agencies having jurisdiction over the Borrower or the Project, including those pertaining to the construction, sale, lease, or financing of the Improvements, and all recorded covenants and restrictions affecting the Project (the "Requirements"); (iv) not to commit or permit any waste to or deterioration of the Collateral; (v) to perform all other acts that from the character or use of the Collateral may be reasonably necessary to maintain and preserve its value; (vi) to perform all obligations required to be performed under the Loan Documents, and all other obligations of Borrower pertaining to the Collateral; and (vii) to execute and, where appropriate, acknowledge and deliver such further instruments as Lender or Trustee may deem necessary or appropriate to preserve, continue, perfect and enjoy the security provided for herein. 5.9 Right of Inspection. Lender, its agents, employees, and representatives shall have the right to enter the Project at any reasonable time for the purpose of inspecting the Project and ascertaining Borrower's compliance with the terms hereof, and for such other purposes and in accordance with the terms specified in any of the other Loan Documents. 5.10 Defense and Notice of Actions; Costs. Borrower shall, without liability, cost, or expense to Lender or Trustee, protect, preserve, and defend Borrower's fee interest in and to the Project and Borrower's interest in the Collateral, the security of this Deed of Trust, any additional or other security for the Secured Obligations, and the rights or powers of Lender or Trustee hereunder against all adverse claims. Said protection, preservation, and defense shall include, but not be limited to, protection, preservation and defense against all adverse claimants to and encumbrancers of Borrower's interest in the Collateral, whether or not such claimants or encumbrancers assert an interest paramount to that of Lender. Borrower shall give Lender and Trustee prompt notice in writing of the filing of any such action or proceeding. Borrower shall pay all costs, fees, and expenses including, without limitation, costs of evidence of title, trustees' fees, and reasonable attorneys' fees paid or incurred in any action or proceeding in which Lender and/or Trustee may appear or be made a party, whether or not pursued to final judgment, and in any exercise of the power of sale or other remedy contained herein, whether or not such sale is actually consummated or such other remedy is actually prosecuted to completion. 5.11 Matters Concerning Trustee; Actions of Trustee. Trustee accepts this trust when this Deed of Trust, duly executed and acknowledged, becomes a public record as provided by law. 5.11.1 Compensation. Borrower agrees to pay fees in the maximum amounts legally permitted, or reasonable fees as may be charged by Lender and Trustee when the law provides no maximum limit, for any services that Lender or Trustee may render in connection with this Deed of Trust. Borrower further agrees to pay or Deed of Trust page 8 4912982 Page 9 of 19 02/02/2022 11:46 AM Thurston County WA reimburse Lender for all costs, expenses and other advances that may be incurred or made by Lender or Trustee in any efforts to enforce any terms of this Deed of Trust, whether any lawsuit is filed or not, or in defending any action or proceeding arising under or relating to this Deed of Trust, including reasonable attorneys' fees and other legal costs, costs of any foreclosure sale or bankruptcy proceeding affecting the Borrower or the Collateral, and any cost of evidence of title. 5.11.2 Indemnification. Borrower agrees to indemnify Trustee and Lender against and hold each of them and their respective officers, employees, agents, and representatives, harmless from and against any and all losses, damages, liabilities, claims, causes of action, judgments, court costs, reasonable attorneys' fees, and other legal expenses, cost of evidence of title, cost of evidence of value, and other costs and expenses that either may reasonably suffer or incur: (i) in performing any act required or permitted by this Deed of Trust or any of the other Loan Documents or by law; (ii) because of any failure of Borrower to perform any of its Secured Obligations; or (iii) because of any alleged obligation of or undertaking by Lender to perform or discharge any of the representations, warranties, conditions, covenants or other obligations in any document relating to the Collateral other than the Loan Documents. This agreement by Borrower to indemnify Trustee and Lender shall survive the release and cancellation of any or all of the Secured Obligations and the full or partial release and/or reconveyance of this Deed of Trust. 5.11.3 Exculpation. Lender shall not be directly or indirectly liable to Borrower or any other person as a consequence of: (i) Lender's exercise of or failure to exercise any rights, remedies, or powers granted to it in this Deed of Trust or to perform or discharge any obligation or liability of Borrower under any agreement related to the Collateral or under this Deed of Trust; or (ii) any loss sustained by Borrower or any third party resulting from any act or omission of Lender in managing the Project, unless the loss is caused by the willful misconduct or gross negligence of Lender. Borrower hereby expressly waives and releases all liability of the types described above, and agrees that no such liability shall be asserted against or imposed upon Lender. 5.11.4 Payment by Borrower. Borrower shall fulfill all obligations to pay money arising under this Section immediately upon demand by Trustee or Lender. Each such obligation shall be added to, and considered to be part of, the principal of the Note, and shall bear interest from the date the obligation arises at the rate applicable to the principal balance of the Note, as such rate may be adjusted. 5.12 Permitted Actions of Lender andlor Trustee. 5.12.1 Releases, Extensions, Modification, and Additional Security. From time to time, Lender may perform any of the following acts without incurring any liability or giving notice to any person: (i) release any person liable for payment of any Secured Obligation; (ii) extend the time for payment, or otherwise alter the terms of payment, of any Secured Obligation; (iii) accept additional real or personal property of any kind as security for any Secured Obligation; or (iv) alter, substitute, or release all or any portion of the Collateral. 5.12.2 Additional Actions. From time to time Lender, or Trustee when requested to do so by Lender in writing, may perform any of the following acts without incurring any liability or giving notice to any person and without affecting the personal liability of any person for payment or performance of any of the Secured Obligations: (i) consent to the making of any plat or map of the Project or any part of it; (ii) join in granting any easement or creating any covenant or restriction affecting the Project; (iii) join in any extension, subordination, or other agreement affecting this Deed of Trust or the lien of it; or (iv) reconvey the Collateral or any part of it without any warranty. 5.13 Full Reconveyance. When all of the Secured Obligations have been paid and performed in full and there exists no default under the Loan, Lender shall request Trustee in writing to reconvey the Collateral, and shall surrender this Deed of Trust and all notes and instruments evidencing the Secured Obligations to Trustee. When Trustee receives Lender's written request for reconveyance and all reconveyance fees, recording fees, or other fees and expenses owing to it by Borrower hereunder, Trustee shall reconvey the Collateral, or so much of it as is then held under this Deed of Trust, without warranty to the person or persons legally entitled to it. In the reconveyance, the grantee may be described as "the person or persons legally entitled thereto," and the recitals of any matters or facts shall be conclusive Deed of Trust page 9 4912982 Page 10 of 19 02/02/2022 11:46 AM Thurston County WA proof of their truthfulness. Neither Lender nor Trustee shall have any duty to determine the right of persons claiming to be rightful grantees of any reconveyance. 5.14 Late Charge. If Borrower commits an Event of Default in the payment of an amount due and payable under this Deed of Trust, a late charge as specified in and measured by the Note may be charged by Lender for the purpose of defraying the extra administrative expenses incident to handling such delinquent payment and the loss of the use of funds resulting from Borrower's non-payment when due. Such late charge shall be paid without prejudice to the rights of the holder of the Note to collect any other amounts provided to be paid thereunder. 5.15 Subrogation. Lender shall be subrogated to the liens of all encumbrances, whether released of record or not, that are discharged in whole or in part by Lender in accordance with this Deed of Trust or with the proceeds of the Loan. 5.16 Notice of Change. Borrower shall give Lender prior written notice of any change in: (i) the location of its place of business or its chief executive office if it has more than one place of business; (ii) the location of any of the Collateral, including the Books and Records; and (iii) Borrower's name or business structure. Unless approved by Lender in writing, all Collateral that consists of personal property (other than the Books and Records) will be located at the Project and all Books and Records will be located at Borrower's place of business, or chief executive office if Borrower has more than one place of business. 6. DEFAULTS AND REMEDIES. 6.1 Events of Default. The occurrence of any one or more of the following shall constitute an "Event of Default": 6.1.1 Payment Default. Failure to make any payment or to perform an obligation to pay money that arises under the Note or any of the other Loan Documents; subject to any applicable grace period; 6.1.2 Default Under Loan Documents. An Event of Default occurs as defined under the Loan Agreement or any other Loan Document; 6.1.3 Unauthorized Transfer. A transfer, purported transfer, or change of ownership or control of Borrower or any guarantor in violation of Section 7. 6.1.4 Security Impaired. There is an uninsured casualty with respect to any material portion of the Collateral and Borrower fails to immediately repair such damage, Borrower fails to satisfy the conditions set forth in the Deed of Trust for the release of insurance proceeds or any condemnation award, or, whether or not Lender has received and applied insurance proceeds or any condemnation award to the Secured Obligations in accordance with the Deed of Trust, Lender reasonably determines that its security is impaired by such casualty or condemnation and Borrower fails to immediately deposit into the Restricted Account (as defined in the Loan Agreement) an amount determined by Lender as necessary to restore such security. 6.2 Rights and Remedies. At any time after the occurrence of an Event of Default hereunder, Lender and/or Trustee shall have all of the rights and remedies described below, in addition to any other rights and remedies of Lender under the Loan Agreement, the other Loan Documents. To the fullest extent permitted by law, all of such rights and remedies shall be cumulative and the exercise of any one or more of them shall not constitute an election of remedies: 6.2.1 Receiver. If an Event of Default shall have occurred and be continuing, Lender may, as a matter of right and without regard to the then -current value of the Collateral or the interest of Borrower therein or the sufficiency of the security for repayment and performance of the Secured Obligations, upon ex parte application and without notice to Borrower or anyone claiming under Borrower, and without any showing of insolvency, fraud or mismanagement on the part of Borrower, and without the necessity of filing any judicial or other proceeding other than Deed of Trust page 10 4912982 Page 11 of 19 02/02/2022 11.46 AM Thurston County WA the proceeding for appointment of a receiver, apply to any court having jurisdiction to appoint a receiver or receivers for the Collateral or any portion thereof, and of the Rents, Issues and Profits, and Borrower hereby irrevocably consents to the appointment of a receiver or receivers upon such Event of Default. Any such receiver shall have the usual powers and duties of receivers in like or similar cases and all the powers and duties of Lender set forth in this Deed of Trust or any of the other Loan Documents. Employment by Lender shall not disqualify a person from serving as receiver. 6.2.2 Cure; Protection of Security. With or without notice, and without releasing Borrower from any obligation hereunder, Lender may (but shall not be obligated to) cure any breach or default of Borrower and, if it chooses to do so in its sole discretion, make such advances and do any and all other things that it may in its sole discretion consider necessary and appropriate to protect its Collateral and the security of this Deed of Trust. In addition to and without limitation of the foregoing, if Borrower has failed to keep or perform any covenant whatsoever contained in this Deed of Trust or the other Loan Documents, Lender may, but shall not be obligated to any person to do so, perform or attempt to perform said covenant, and any payment made or expense incurred in the performance or attempted performance of any such covenant shall be and become a part of the Secured Obligations, and Borrower promises, upon demand, to pay to Lender, at the place where the Note is payable, all sums so advanced or paid by Lender, with interest from the date when paid or incurred by Lender at the default rate of interest provided in the Note. No such payment by Lender shall constitute a waiver of any Event of Default. In addition to the liens and security interests hereof, Lender shall be subrogated to all rights, titles, liens, and security interests securing the payment of any debt, claim, tax, or assessment for the payment of which Lender may make an advance, or which Lender may pay. 6.2.3 Entry. Lender, in person, by agent, or by court -appointed receiver, with or without bringing any action or proceeding, may terminate Borrower's right and license to collect the Rents, Issues and Profits and to administer the Leases, and enter, take possession of, complete construction on, manage and operate, and lease or sell, all or any part of the Collateral, and may also do any and all other things in connection with those actions that Lender may in its sole discretion consider necessary or appropriate to protect the security of this Deed of Trust or that are otherwise permitted to be taken or conducted by Lender under the Loan Agreement. If Lender so requests, Borrower shall assemble any Collateral that has been removed from the Project and make all of it available to Lender at the Project site. The entering upon and taking possession of the Project, the collection of the Rents, Issues and Profits and the application thereof as aforesaid, or any of such acts, shall not cure or waive any default or notice of default hereunder or invalidate any other right or remedy that Lender may have in response to such default or pursuant to such notice and, notwithstanding the continued possession of the Project or the collection, receipt, and application of the Rents, Issues and Profits by Lender, Trustee, or Lender's receiver or agent, Trustee or Lender shall be entitled to exercise every right provided for in any of the Loan Documents or by law upon the occurrence of any Event of Default. 6.2.4 Uniform Commercial Code Remedies. With respect to all or any part of the Collateral that constitutes personal property, Lender shall have all of, and may exercise any or all of, the rights and remedies of a secured party under the Uniform Commercial Code in effect in the State. 6.2.5 Judicial Action. Lender may commence and maintain an action or actions, at law or in equity, in any court of competent jurisdiction, to enforce the payment and/or performance of the Secured Obligations (including, without limitation, to obtain specific enforcement of the covenants of Borrower hereunder, and Borrower agrees that such covenants shall be specifically enforceable by injunction or any other appropriate equitable remedy), to foreclose the liens and security interests of this Deed of Trust as against all or any part of the Collateral, and to have all or any part of the Collateral sold under the judgment or decree of a court of competent jurisdiction. Borrower hereby waives the defense of laches and any applicable statute of limitations. If this Deed of Trust is foreclosed by judicial action, and the Collateral sold at a foreclosure sale, the purchaser may, during any redemption period allowed, make such repairs or alterations on the Land as may be reasonably necessary for the proper operation, care, preservation, protection and insuring thereof. Any sums so paid together with interest thereon from the time of such expenditure at the lesser of the default rate under the Note, or the maximum rate permitted by law, shall be added to and become a part of the amount required to be paid for redemption from such sale. In addition, Lender will be entitled to a judgment providing that, if the foreclosure sale proceeds are insufficient to satisfy the judgment, execution may issue for the deficiency. Deed of Trust page 11 4912982 Page 12 of 19 02/02/2022 11:46 AM Thurston County WA 6.2.6 Realization on Security. Lender may resort to and realize upon or waive the security hereunder and any other security now or hereafter held by Lender in such order and manner as Trustee and Lender or either of them may, in their sole discretion, determine; which resort to such security may be taken concurrently or successively and in one or several consolidated or independent judicial actions or lawfully taken non -judicial proceedings, or both. 6.2.7 Power of Sale. Lender may execute a written notice of such Event of Default and of its election to invoke this power of sale to cause all or part of the Collateral to be sold to satisfy the Secured Obligations. Under this power of sale, Lender shall have the discretionary right to cause some or all of the Collateral, including any Collateral property that constitutes personal property, to be sold or otherwise disposed of in any combination and in any manner permitted by applicable law. 6.2.7.1 Sales of Personal Property. For purposes of this power of sale, Lender may elect to treat as personal property any Collateral property that is intangible or that can be severed from the Land or Improvements without causing structural damage. If it chooses to do so, Lender may dispose of any personal property separately from the sale of real property, in any manner permitted by the Uniform Commercial Code in effect in the State, including any public or private sale, or in any manner permitted by any other applicable law. Lender shall have no obligation to clean-up or otherwise prepare any such Collateral for sale. Any proceeds of any such disposition shall not cure any Event of Default or reinstate any Secured Obligation. 6.2.7.2 Trustee's Sales of Real Property or Mixed Collateral. Lender may also choose to dispose of some or all of the Collateral that consists solely of real property in any manner then permitted by applicable law. In its discretion, Lender may also or alternatively choose to dispose of some or all of the Collateral in any combination consisting of both real and personal property, together in one sale to be held in accordance with the law and procedures applicable to real property, if and as permitted in the State. Borrower agrees that such a sale of personal property constitutes a commercially reasonable sale of the personal property. For purposes of this power of sale, either a sale of real property alone, or a sale of both real and personal property together, will sometimes be referred to as a "Trustee's Sale." 6.2.7.3 Trustee's Sale Procedures. Before any Trustee's Sale, Lender or Trustee shall give and record such notice of default and election to sell as may then be required by law. When all legally mandated time periods have elapsed, Trustee shall sell the property being sold at a public auction to be held at the time and place specified in the notice of sale, and Lender may impose such terms and conditions of sale as are permitted or allowed by applicable law. From time to time in accordance with then applicable law, Trustee may, and in any event at Lender's request shall, continue any Trustee's Sale by public announcement at the time and place scheduled for that sale, or may, in its discretion, give a new notice of sale. Also, Lender may from time to time discontinue or rescind any notice of default or notice of sale before any Trustee's Sale as provided above, by executing and delivering to Trustee a written notice of such discontinuance or rescission. The exercise by Lender of such right of rescission shall not constitute a waiver of any breach or default then existing or subsequently occurring, or impair the right of Lender to execute and deliver to Trustee, as above provided, other declarations or notices of default to satisfy the Secured Obligations, nor otherwise affect any provision, covenant, or condition of any Loan Document, or any of the rights, obligations, or remedies of Trustee or Lender hereunder or thereunder. 6.2.7.4 Bidding at Trustee's Sale. At any Trustee's Sale, Trustee shall sell to the highest bidder at public auction for cash in lawful money of the United States, unless other terms and conditions of sale are prescribed by Lender in accordance with and as permitted by applicable law. Any person, including, without limitation, Borrower or Lender, may purchase at such sale, and Borrower hereby covenants to warrant and defend the title of such purchaser or purchasers. Trustee shall execute and deliver to the purchaser(s) at such sale a deed or deeds conveying the property being sold without any covenant or warranty whatsoever, express or implied. The recitals in any such deed of any matters or facts, including any facts bearing upon the regularity or validity of any Trustee's Sale, shall be conclusive proof of their truthfulness. 6.2.8 Single or Multiple Foreclosure Sales. If the Collateral consists of more than one lot, parcel, or item of property, Lender may: (i) designate the order in which the lots, parcels and/or items shall be Deed of Trust page 12 4912982 Page 13 of 19 02/02/2022 11:46 AM Thurston County WA sold or disposed of or offered for sale or disposition; and (ii) elect to dispose of the lots, parcels and/or items through a single consolidated sale or disposition to be held or made under the power of sale granted herein, or in connection with judicial proceedings, or by virtue of a judgment and decree of foreclosure and sale; or through two or more such sales or dispositions, each of which may be separately noticed if so elected by Lender and permitted by applicable law; or in any other manner Lender may deem to be in its best interests (any such sale or disposition, a "Foreclosure Sale"). If it chooses to have more than one Foreclosure Sale, Lender at its option may cause the Foreclosure Sales to be held simultaneously or successively, on the same day, or on such different days and at such different times and places and in such order as it may deem to be in its best interests, all as may be permitted under applicable law. No Foreclosure Sale shall terminate or affect the lien of this Deed of Trust on any part of the Collateral that has not been sold until all of the Secured Obligations have been paid in full. 6.2.9 Determination of Fair Value. To the extent applicable law requires that the "fair market value" or "fair value" of the Project be determined as of the foreclosure date in order to enforce a deficiency against Borrower or any other party liable for repayment of the Secured Obligations, the term "fair market value" or "fair value" shall include those matters required by law and the additional factors set forth below: 6.2.9.1 The Project shall be valued "as is" and "with all faults" and there shall be no assumption of restoration or refurbishment of Improvements, if any, after the date of the foreclosure. 6.2.9.2 An offset to the fair market value or fair value of the Project, as determined hereunder, shall be made by deducting from such value the reasonable estimated closing costs related to the sale of the Project, including but not limited to brokerage commissions, title policy expenses, tax pro -rations, escrow fees, and other common charges that are incurred by the seller of real property. Borrower shall pay the costs of any appraisals and other expenses incurred in connection with any such determination of fair market value or fair value. 6.2.10 Releases, Extensions, Modification and Additional Security. Without affecting the liability of any person for payment of any of the Secured Obligations, Lender may make any agreement or take any action extending the maturity or otherwise altering the terms or increasing the amount of any of the Secured Obligations, and accept additional security or release all or a portion of the Collateral and/or other security for the Secured Obligations. 6.2.11 Acceleration Not Required. Lender may take any of the actions permitted under Sections 6.2.1 through 6.2.3 regardless of the adequacy of the security for the Secured Obligations, or whether any or all of the Secured Obligations have been declared to be immediately due and payable, or whether notice of default and election to sell has been given under this Deed of Trust. 6.2.12 Other Remedies. In addition to the foregoing, upon the occurrence of an Event of Default, Lender and/or Trustee shall have and may exercise any and all other rights and remedies available to them at law or in equity. The exercise or failure to exercise any right or remedy available to Lender or Trustee shall in no event be deemed or construed to be a waiver or release of any rights or remedies of Lender or Trustee under the Loan Documents, or at law or in equity. 6.3 Payment of Costs, Expenses, and Attorneys' Fees. All costs and expenses reasonably incurred by Trustee and Lender in enforcing the remedies available to them hereunder or otherwise protecting the Collateral or other rights or interests of Lender (including, without limitation, court costs and reasonable attorneys' fees, whether incurred in litigation or not, expenses for evidence of title, appraisals and surveys and trustees' fees, and costs and fees relating to any bankruptcy, reorganization, or insolvency proceeding) shall constitute an additional obligation of Borrower to Lender. Borrower shall immediately reimburse Lender and Trustee for all costs and expenses that Lender or Trustee may incur by reason of, or arising out of, or in connection with: (i) any Default; (ii) any action or proceeding in which Lender or Trustee may appear or commence to protect, preserve, exercise or enforce their rights, remedies or security interests under this Deed of Trust, or under any document or instrument evidencing the Secured Obligations Deed of Trust page 13 4912982 Page 14 of 19 02/02/2022 11:46 AM Thurston County WA secured by this Deed of Trust, or which otherwise relates to the Project, including all appeals therefrom; (iii) the performance of any act authorized or permitted hereunder; and (iv) the exercise of any other rights or remedies under this Deed of Trust, or under any document or instrument evidencing the Secured Obligations secured by this Deed of Trust, or otherwise relating, to the protection of Lender's or Trustee's rights and interest hereunder or under any document or instrument evidencing the Secured Obligations secured hereby, whether or not a suit or proceeding is instituted. Such costs and expenses shall include without limitation the fees, charges and expenses of attorneys, engineers, accountants, appraisers, expert witnesses, consultants and other professional assistants and advisors, costs and expenses of searching records, examining title and determining rights in, title to, or the value of, the Project, or the boundaries thereof, including but not limited to title company charges, title insurance premiums, survey costs, publication costs, and other charges incident thereto, all whether or not a suit or proceeding is instituted. Borrower agrees to and shall pay, immediately and without demand, all sums so expended by Lender or Trustee, together with interest from the date of expenditure, at the highest legal interest rate then payable under the Loan Documents, all of which sums plus interest shall constitute additional Secured Obligations secured by this Deed of Trust. 6.4 Remedies Not Exclusive. Trustee and/or Lender shall be entitled to enforce the payment and performance of any Secured Obligations and to exercise any and all rights, powers, and remedies under this Deed of Trust, any other Loan Document, notwithstanding the fact that some or all of the Secured Obligations may now or hereafter be otherwise secured. Trustee and/or Lender shall be entitled to enforce all such rights concurrently or separately, in such order and manner as they or either of them may in their absolute discretion determine. No remedy is intended to be exclusive of any other remedy, but each shall be cumulative and in addition to the others, to the fullest extent permitted by law. 6.5 Miscellaneous. 6.5.1 Lender may release, regardless of consideration, any part of the Collateral without, as to the remainder, in any way impairing, affecting, subordinating, or releasing the lien or security interests evidenced by this Deed of Trust or the other Loan Documents or affecting the obligations of Borrower or any other party to pay and perform the Secured Obligations. For payment of the Secured Obligations, Lender may resort to any of the collateral therefor in such order and manner as Lender may elect. No collateral heretofore, herewith, or hereafter taken by Lender shall in any manner impair or affect the collateral given pursuant to the Loan Documents, and all collateral shall be taken, considered, and held as cumulative. 6.5.2 Borrower hereby irrevocably and unconditionally waives and releases: (i) all benefits that might accrue to Borrower by virtue of any present or future law exempting the Collateral from attachment, levy or sale on execution or providing for any appraisement, valuation, stay of execution, exemption from civil process, redemption, or extension of time for payment; (ii) notices of any Event of Default or of the exercise of any right, remedy, or recourse not explicitly required under the Loan Documents; and (iii) any right to a marshaling of assets or a sale in inverse order of alienation. 7. ASSIGNMENT. 7.1 No Assignment or Encumbrance Without Lender's Consent. Borrower acknowledges and agrees that the Secured Obligations are personal to Borrower and that the identity of Borrower and its partners and employees, and of any guarantors; the relationship between Borrower, each guarantor, and Lender; and the creditworthiness, business expertise, financial condition, and continued control of the Collateral of Borrower and each guarantor were material inducements upon which Lender relied in arranging the Secured Obligations. Accordingly, neither Borrower nor any guarantor shall, without Lender's prior written consent or as otherwise expressly permitted under this Deed of Trust or the Loan Agreement: (i) sell, convey, assign, encumber, or otherwise transfer any of its right, title, or interest in and to the Collateral or any other Project asset, whether such transfer or encumbrance is voluntary or by operation of law, other than as specifically permitted under the Loan Documents, (ii) sell, assign, or transfer its interest as borrower under the Secured Obligations, or (iii) transfer any stock or other ownership interest that would cause a material change in the control of Borrower or any guarantor. Any attempted assignment without such prior written consent shall be null and void, and of no effect, and shall also constitute, at Lender's option, an Event of Default by Borrower under this Deed of Trust and each of the other Loan Documents. Deed of Trust page 14 4912982 Page 15 of 19 02/02/2022 11.46 AM Thurston County WA 7.2 Conditions to Approval of Assignment. As a condition of approving any assignment, Lender may impose such requirements and conditions as it determines are appropriate in its sole discretion, including but not limited to the requirement that Borrower and the assuming party pay, in advance, any and all reasonable costs and expenses, including reasonable attorney's and accountant's fees, incurred by the Lender in connection therewith. No approval of any assignment shall cause a release of Borrower from any liability under the Loan Documents without Lender's prior written consent, which consent may be withheld in Lender's sole discretion. 7.3 Loan Due upon Prohibited Transfer or Encumbrance. Upon any transfer, assignment, or encumbrance, as described in above for which Lender's written approval is required but has not been obtained, the entire outstanding balance owing under the Note, including principal, accrued interest, and any other amounts owing under the Loan Documents shall become due and payable at Lender's option, without any requirement for notice or demand, and Lender may pursue any remedies granted to it under this Deed of Trust or any of the other Loan Documents. 7.4 Assignment and Participation by Lender. Lender shall have the right, at any time and from time to time, to assign or sell the Secured Obligations, and/or any one or more participations in the Secured Obligations, or to include such obligations in a securitized pool of indebtedness, accompanied by an assignment and/or delegation of any or all related rights or obligations of Lender under the Loan Documents, without the need for any form of consent from Borrower. 8. MISCELLANEOUS PROVISIONS. 8.1 Additional Provisions, The Loan Documents fully state all of the terms and conditions of the parties' agreement regarding the matters mentioned in or incidental to this Deed of Trust. The Loan Documents also grant further rights to Lender and contain further agreements and affirmative and negative covenants by Borrower that apply to this Deed of Trust and to the Collateral. 8.2 Additional Security. If Lender at any time holds additional security for any of the Secured Obligations, all such security shall be taken, considered, and held as cumulative, and Lender may enforce the sale thereof or otherwise realize upon the same, at its option, either before or concurrently with the exercise of any of its rights or remedies hereunder or after a sale is made hereunder. The taking of additional security, the execution of partial releases of the security, or any extension of the time of payment of the Secured Obligations shall not diminish the force, effect, or lien of this Deed of Trust and shall not affect or impair the liability of any maker, surety, or endorser for the payment of any such indebtedness. 8.3 Cooperation. Borrower shall, upon request, cooperate with Lender or Trustee to correct any defect, error or omission that may be discovered in the contents of this Deed of Trust or in the execution or acknowledgment hereof, and will execute, acknowledge, and deliver such further instruments and take such further actions as may be reasonably requested by Lender or Trustee to carry out more effectively the purposes of this Deed of Trust. 8.4 Permitted Contests. Borrower may contest or object in good faith to the amount or validity of any tax, assessment, claim, demand, levy, lien, encumbrance, charge or notice of noncompliance asserted by a third party (collectively, a "Third -Party Claim"), but only in accordance with the following conditions: (i) Borrower shall first give written notice to Lender and deposit with Lender a bond or other security satisfactory to Lender in such amount as Lender shall reasonably require, up to 150% of the amount of the Third -Party Claim or other sum in controversy, and shall have demonstrated to Lender's reasonable satisfaction that no portion of the Collateral will be sold to satisfy the Third -Party Claim prior to final resolution; (ii) Borrower shall promptly and diligently proceed to cause the Third -Party Claim to be settled and discharged in a manner not prejudicial to Lender or its rights hereunder; (iii) if Borrower shall fail to proceed diligently to discharge the Third -Party Claim, then, in addition to any other right or remedy of Lender, Lender may, but shall not be obligated to, discharge the same, by paying the amount claimed to be due, or by depositing in court a bond or the amount claimed or otherwise giving security for such Third -Party Claim, or in such manner as is or may be prescribed by law, at Borrower's expense; (iv) Lender may employ an attorney or attorneys to protect its rights hereunder, and in such event, Borrower shall pay Lender the reasonable attomeys' fees and expenses incurred by Lender, whether Deed of Trust page 15 4912982 Page 16 of 19 02/02/2022 11.46 AM Thurston County WA or not an action is actually commenced against Borrower by reason of any default hereunder; and (v) Borrower shall have provided such good and sufficient undertaking as may be required or permitted by law to accomplish a stay of any legal proceedings then pending in connection with such Third -Party Claim. 8.5 No Offset. Borrower's obligation to timely pay and perform all obligations under the Note, this Deed of Trust, and the other Loan Documents shall be absolute and unconditional and shall not be affected by any event or circumstance; including without limitation any setoff, counterclaim, abatement, suspension, recoupment, deduction, defense or any other right that Borrower or any guarantor may have or claim against Lender or any other person or entity. The foregoing shall not constitute a waiver of any claim or demand which Borrower or any guarantor may have in damages or otherwise against Lender or any other person or entity; provided that Borrower shall maintain a separate action thereon. 8.6 Obligations of Borrower, Joint and Several. If more than one person has executed this Deed of Trust as Borrower, the obligations of all such persons hereunder shall be joint and several. 8.7 Partial Invalidity. If any term of this Deed of Trust, or the application thereof to any person or circumstances, shall, to any extent, be invalid, void or unenforceable, the remainder of this Deed of Trust, or the application of such term to persons or circumstances other than those as to which it is invalid, void or unenforceable, shall not be affected thereby, and each term of this Deed of Trust shall be valid and enforceable to the fullest extent permitted by law. If the lien of this Deed of Trust is invalid, void or unenforceable as to any part of the Secured Obligations, or if the lien is invalid, void or unenforceable as to any part of the Collateral, the unsecured or partially secured portion of such indebtedness shall be completely paid prior to the payment of the remaining and secured or partially secured portion of such Secured Obligations, and all payments made on such Secured Obligations shall be considered to have been first paid on and applied to the full payment of that portion of such indebtedness that is not secured or fully secured by the lien of this Deed of Trust. 8.8 No Waiver or Cure. No waiver or delay or omission in the exercise or enforcement by Lender of any of its rights or remedies hereunder or under any of the other Loan Documents shall be considered a waiver of any subsequent application of, or right to enforce, such right or remedy, or of the right to enforce any other right or remedy of Lender in another instance. Furthermore, no waiver of Lender's rights or remedies in one or more instances shall establish a course of dealing or other agreement that will bind Lender or prohibit Lender from enforcing the terms of this Deed of Trust or any other Loan Document in another instance. 8.9 Limitation on Interest. Borrower agrees to an effective rate of interest that is the rate provided for in the Note, plus any additional rate of interest resulting from any other charges in the nature of interest paid or to be paid by or on behalf of Borrower, or any benefit received or to be received by Lender, in connection with the Secured Obligations. The interest, fees, and charges under the Loan Documents shall not exceed the maximum amounts permitted by any applicable law. If any such interest, fee, or charge exceeds the maximum, the interest, fee or charge shall be reduced by the excess and any excess amounts already collected from Borrower shall be refunded. At Borrower's election, Lender may refund such excess either by treating the excess as a prepayment of principal under the Note or by making a direct payment to Borrower. The provisions of this paragraph shall control over any inconsistent provision in the Loan Documents. 8.10 Accommodations to Successors. The liability of the original Borrower shall not be released or changed if Lender grants any successor in interest to Borrower any extension of time for payment, or modification of the terms of payment, of any Secured Obligation. Lender shall not be required to comply with any demand by the original Borrower that Lender refuse to grant such an extension or modification to, or commence proceedings against, any such successor in interest. 8.11 Amendments. References to the Note, the Loan Agreement, and the Loan Documents in this document shall be deemed to include all modifications, extensions, and renewals thereof. This Deed of Trust cannot be waived, changed, discharged or terminated orally, but only by an instrument in writing signed by the party against whom enforcement of any waiver, change, discharge, or termination is sought. Deed of Trust page 16 4912982 Page 17 of 19 02/02/2022 11.46 AM Thurston County WA 8.12 Successors in Interest. Subject to the limitations on transfer contained in the Loan Documents, including, without limitation, Section 7 hereof, the terms, covenants, and conditions herein contained shall be binding upon and inure to the benefit of the heirs, legatees, devisees, administrators, executors, successors and assigns of the parties hereto. 8.13 Applicable Law. The provisions of this Deed of Trust shall be governed by and construed in accordance with the laws of the State, without regard to the choice of law rules of the State and except to the extent that federal laws preempt the laws of the State. 8.14 Merger. No merger shall occur as a result of Lender's acquiring any other estate in or any other lien on the Collateral unless Lender consents to a merger in writing. 8.15 Notice. All notices required or permitted under the Loan Documents shall be in writing, effective upon delivery, and shall be: (i) delivered in person, (ii) sent by recognized courier or overnight delivery service, or (iii) sent by certified mail, postage prepaid, with return receipt requested, (such mailing to be deemed received on the sooner of actual receipt or three (3) days after mailing) to the appropriate party at its address set forth above. Any party may designate in writing different mailing addresses or persons to which or to whom such notices or demands are thereafter to be addressed, but such change of address or change of party to be addressed notices shall be effective only upon actual receipt. 8.16 Waiver of Marshaling. Borrower waives all rights, legal and equitable, it may now or hereafter have to require marshaling of assets or to require upon foreclosure sales of assets in a particular order. Each successor and assign of Borrower, including any holder of a lien subordinate to this Deed of Trust, by acceptance of its interest or lien agrees that it shall be bound by the above waiver, as if it had given the waiver itself. 8.17 Waiver of Jury Trial. LENDER AND BORROWER EACH HEREBY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING BASED UPON, OR RELATED TO, THE SUBJECT MATTER OF THIS DEED OF TRUST. THIS WAIVER IS KNOWINGLY, INTENTIONALLY, AND VOLUNTARILY MADE BY LENDER AND BORROWER, AND LENDER AND BORROWER ACKNOWLEDGE THAT NO PERSON ACTING ON BEHALF OF THE OTHER PARTY HAS MADE ANY REPRESENTATIONS OF FACT TO INDUCE THIS WAIVER OF TRIAL BY JURY OR IN ANY WAY TO MODIFY OR NULLIFY ITS EFFECT. LENDER AND BORROWER FURTHER ACKNOWLEDGE THAT THEY HAVE BEEN REPRESENTED (OR HAVE HAD THE OPPORTUNITY TO BE REPRESENTED) IN THE SIGNING OF THIS DEED OF TRUST AND IN THE MAKING OF THIS WAIVER BY INDEPENDENT LEGAL COUNSEL, SELECTED OF THEIR OWN FREE WILL, AND THAT THEY HAVE HAD THE OPPORTUNITY TO DISCUSS THIS WAIVER WITH COUNSEL. 8.18 Oral Agreements Notice. ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT, OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. [Remainder of Page Intentionally Left Blank; Signatures Appear on Following Page.] Deed of Trust page 17 4912982 Page 18 of 19 02/02/2022 11.46 AM Thurston County WA IN WITNESS WHEREOF, Borrower has executed this Deed of Trust, Security Agreement, Assignment of Leases and Rents, Assignment of Contracts and Plans, and Fixture Filing as the Grantor/Trustor hereunder, and as a Debtor under the Uniform Commercial Code, as of the date set forth above. Grantor/Trustor/Debtor/Borrower: STATE OF WASHINGTON COUNTY OF Thurston f-T0T401161 :4 DENNY BALASCIO, AS HIS SEPARATE ESTATE By: &SA I certify that I know or have satisfactory evidence that Denny Balascio is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this 1 St day of February 2p 22 �p,RD J, Q f S31 r � �+ i y y o Q�`'9Sg omo ? mo No Z yih ,30 ///lij,�;VASHjtAG •`� Printed Narfie- Edward Holmeide NOTARY PUBLIC in and for the State of Washington, residing at Chehalis My Commission Expires 03/30/2025 Deed of Trust page 18 4912982 Page 19 of 19 02/02/2022 11:46 AM Thurston County WA LEGAL DESCRIPTION LOT 1 IN BLOCK 35 OF MCKENNA IRRIGATED TRACTS, AS PER PLAT RECORDED IN VOLUME 9 OF PLATS, PAGES 43, RECORDS OF THURSTON COUNTY, WASHINGTON; TOGETHER WITH THAT PART OF THE SOUTH HALF OF VACATED FLUME LANE ADJOINING SAID LOT ON THE NORTH. SITUATE IN THE COUNTY OF THURSTON, STATE OF WASHINGTON. Parcel No(s): 64303500100, 99801377700, and 99900122200 Purported Address: 9819 Grove Road Southeast, Yelm, WA 98597 Deed of Trust Exhibit A, page 1 4 Uj Cx ell ts rN �NZ ago ti �\ y �.o • �, z ri cj hi N 14, till N. 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ENGINEERS CERTIFICATE '•°SA ryap --- NI spy°s6'3c�+„x,, 3 _ °o• � __-- �I tJ �H Z GSS./8' q3o-co--#3c-oo' 43o-oo:Q `O Sea9S6' �B"•'✓ /.S2d. 7/- - �%��• ° \\\\ 1 heie6y certify 1ha'A he P/uf O1*m`ifeNNA I A_ 6•S4A. ry I t I1.06A- 9L. W m 115 A \ I RR/6-A T ED TRA c Ts, Th6e sloe foNr1y 9 10 1 1 ry -. h �-- �8.9,sil c 0 a °0 "' Wgs`i. is 6gteq'u ors ti 99� S 6A N N o 0 0 /v �c�uu/survey o,� the ` 'you o .5 17 ° os ' - 6 S 69A ° 8. 69A 8. 69 /� "' ° 13 Jb� ;~ y N Ai en /hl�o/vec/ 4r�c�'A suddidi✓io� o�scc _ I y y o a 0y� . , • \Q i 1 O.32 A o m fior�s /9-2� gr�a'29 Tw,oANo_ /7N./ R No-•' ,o no do' s,-7SG n1`9 � 9"3B"V✓, ' -n 111 .30.00-3 o.oc4. 1 M/L VVA U E,rR w /Vl., q/7G/wf 1/7B Gib/.i/O/JGeS q/�I�✓GOL//SeS OS 1 ca84 `I soB.92• sz zzs-3y 9g_3ses' saa.9Z' sgs. 2 ° v.~S. 21-s2'W, Jiro wn qi c cori ec f 7yiof /Y�e /i�ca'icq�ec/ I 1 0 �_ 7 o3¢ q !� $ w m �. ' '.� ° cfl5.3 2 r/,o/�cl�fer/�s have 6ee� se�A/x�'tfigf 1�ie N. I ti 1 9 O 1 A '�- ° g (�� / N,` 9.37A 9 33A e e Z 9.33.4 oo�i ��f /% Ac� coi-�ci-s /iAve 6ec�r� Se7�. m �. t` o 9.33 A o n 10_6ZA r 6.7 7A L-/✓!-Bice ��; /hc. � z° Bz z° ° > `�� � � a L/ 7B6-oq' S86.92' �uB-92' `v24o _ -- a�o_oo' _yc 8vv.oi- 2 \ S, 9 z SG'38"3e43.oz' P ; �� _s R9-.SG- ei w. ByG h! PUG/ sor/, 4° 7z., Y2.LI ESr S� i� � 20 NDU '09 710372 ThurstonCountyTreasurer RealEstateExciseTaxpaid Return Address my Deputy City of Yelm Stephanie Ray 105 Yelm Ave W. Yelm,WA 98597 Document title(s)(or transactions contained therein): 1.UtilityEasement Reference Number(s)of Documents assigned or released: (on page of documents(s)) Grantor(s)(Last name,firstname,middle initial) 1.Denny Balascio 2. Grantee(s)(Last name,firstname,middle initial) 1.City of Yelm Legal Description (abbreviated:i.e.lot,block,plat or section,township,range) Section20,Township 17N,Range 2 E,Lots 1,Block 35,of McKenna IrrigatedTracts,in Thurston County,Yelm,Washington Assessor-s Property Tax Parcel/Account Number: 64303500100 4122743 Page 1 of 4 11/23/200909.19AM Easement ThurstonCountyWashingtonCITYOFYELM ||lillllll|IIllll||llIllillIIIIlllllllllliIllllillllllllllllilllllilllllllllll|Ilillll| THg .City of Yelm 105 YelmAvenueWest P.O.Box 479 w 3rr.=.s Yelm,Washington98597 (360)458-3244 September25,2009 Mrs.ShellyBadger, ChiefAdministrativeOfficer CityofYelm 105 Yelm Avenue West Yelm,WA 98597 Mr.Denny Balascio P.O.Box 2950 Yelm,WA,98597 Itismutuallyagreedupon thatthe PropertyOwner of Parcel64303500100,Mr.Balascio,willgranta 15-footwide utilityeasement alongthe Northwestand West propertylineas shown inExhibitA and as describedinExhibitB to the Cityof Yelm forthe purposeof constructingawater utilitylineand sewer utilitylineforserviceto LongmirePark. Mr.Balaseloand Cityhad alsomutuallyagreed upon priceof $3,500.00(threethousand fivehundred dollarsand no cents). By signatureofthisofferletter,1 Denny Balascia,do hereby attestthatIam the legalpropertyowner and willgrantthe CityofYelm a 15-footwide utilityeasement as shown inthe attachedfigure. Signature(PropertyOwner)Date signatur (Cityof im)Date 4122743 Page 2 of 4 11/231200909:19AM Easement ThurstonCountyWashington CITYOF YELM SW 7/4 SEC.20,T.17 N.,R.2 E.,W.M. TAX LOT NUMBER TAX LOT NUMBER 64300600402 64300600200 N 88'22'55"W NORTH LINE SW 7/4 SECTION20 172.54' P.O.B. 139.64' N.T.S. PROPOSED UTIL77TYEASEMENT o 5,903 S.F.+ TAX LOT NUMBER 64303500100 LOT 1,BLOCK 35 OF McKENNA IRRIGATED TRACTS 15.00' I SEPTEMBER 73,2009 64303500700 ESMT.dwg EXHIBIT PARCEL 64303500700 UT/LITY EASEMENT 4122743 Page 3 of 411123/200909:19AM EasementThurstonCountyWashingtonCITYOFYELM lilllllll|1lilIllillilllllllillifillllilllllllillfilIIIIIIlllllillilllIIIIIlillIll 1 EXHIBIT PARCEL NO.64303500100 UTILITY EASEMENT THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL "A"DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHWEST CORNER OF SAIDPARCEL "A"; THENCE SOUTH 07024'57"WEST ALONG THE WEST LINEOF SAIDPARCEL "A",245.00FEET; THENCE SOUTH 88035'03"EAST,15.00FEET TO A LFNETHAT IS15.00FEET EAST OF AND PARALLEL WITH THE WEST LINEOF SAID PARCEL "A"; THENCE NORTH Ofa24'57"EAST ALONG SAIDLINE,229.95FEET TO A LINETHAT IS 15.00FEET SOUTH OF AND PARALLEL WITH THE NORTH LINEOF SAID PARCEL "A" THENCE SOUTH 88022'55"EAST ALONG SAID LINE,139.64FEET; THENCE NORTH 51034'50"EAST,23.32FEET TO THE NORTH LINEOF SAIDPARCEL "A"; THENCE NORTH 88022'55"WEST ALONG SAID LINE,172.54FEET TO THE POINT OF BEGINNING. CONTAINS 5,903SQUARE FEET,MORE OR LESS. PARCEL "A" (PER PACIFICNORTHWEST TITLECOMPANY ORDER NUMBER 149650,DATED SEPTEMBER 1,2009) LOT 1 INBLOCK 35 OF MCKENNA IRRIGATED TRACTS,AS RECORDED IN VOLUME 9 OF PLATS,PAGES 43 AND 44.TOGETHER WITH THAT PART OF THE SOUTH HALF OF VACATED FLUME LANE ADJOININGSAID LOT ON THE NORTH. 64303600100ESMT.doc -1- TACOMA*SEATTLE 4122743 Page 4 of 411/23/200909:19API EasementThurstonCountyWashinetonCITYOFYELM lillillHilifillllllillillillfillllllildlillillIIIllllllilllillilllllllllillifill ThurstonCountyTreasurer RealEsta .iseTaxp44 Return Address By Deputy City of Yelm Stephanie Ray 105 Yelm Ave W Yelm,WA 98597 Document title(s)(or transactions contained therein): 1.Waterline UtilityEasement Reference Number(s)of Documents assigned or released: (on page of documents(s)) Grantor(s)(Last name,firstname,middle initial) 1.Denny Balascio 2. Grantee(s)(Last name,firstname,middle initial) 1.City of Yelm Legal Description (abbreviated:i.e.lot,block,plat or section,township,range) Section 24,Township 17,2E,Lots 1,Block 35,McKenna IrrigatedTracts,Thurston County,Washington Assessor=s Property Tax Parcel/Account Number: 64303500100 4140184 Page 1 of 6 03709/201011:49AM EasementThurstonCountyWashingtonCITYOFYELM lillllllllllllllllllIlllllillllllllllllllllllilllllllllllllillllillllllllllllllillllliIII RETURN TO: CityofYelm PublicWorks Department 105 Yelm Avenue West Yelm,WA 98597 Pleasemakenomarkinthemarginspace-ReservedforCountyAuditor'suseonly. TYPE OF DOCUMENT:Easement-Cityutility GRANTOR(S):Denny Balascio GRANTEE:CityofYelm,a MunicipalCorporation LEGAL DESCRIPTION:Exhibit'A'orpage 1 ofthisdocument ABBREVIATED LEGAL DESCRIPTION:Section20,Township 17N,2E,Lots1 Block35,McKenna IrrigatedTracts,ThurstonCounty,Washington ASSESSOR TAXPARCEL I.D.NUMBERS:64303500100 NAME OF PROJECT Longmire Park Enhancement Project The Grantor(s),forand inconsiderationofmutualbenefits,do by thesepresents,grant,bargain,sell,convey, and warrantsuntotheCITY OF YELM,a Washingtonmunicipalcorporationof ThurstonCounty,Stateof Washington(hereinafter"Grantee"),and itssuccessorsand assigns,an easementover,under,through,across and upon the describedproperty(hereinafterthe "Easement"or Easement Area")situatedin Thurston County,Washington,to-wit:seeExhibitA LEGAL DESCRIPTION GRANTEE and itsagents,designees,or assignsshallhave theright,withoutpriornoticetoGRANTOR,at such time as GRANTEE deems necessary,to enterupon saidproperty,by footor vehicle,for the construction,operation,maintenanceand/orrepairand/orreplacementof facilities,slopes,cuts,fills,boring, trenching,accessroadway and utilities,includingpoles,lines,guys,anchors,pipes,transferline,and appurtenances,togetherwiththerightof ingressand egressto and from saideasementforallpurposes necessaryand relatedthereto.,Granteesshallhavetherighttotrim,cutand/orkeepclearalltrees,brush,and otherobstructionsasisnecessary. Said Easement being for the purposeof constructing,reconstructing,installing,repairing,replacing, enlarging,operatingand maintainingutilities.,togetherwiththerightof ingressand egresstheretowithout priorinstitutionofany suitor proceedingsof law and withoutincurringany legalobligationor liability herefore.ThisEasementisgrantedsubjecttothefollowingtermsand conditions: 1.The Granteeshall,upon completionofany work withinthepropertycoveredby theEasement,restore thesurfaceoftheeasement,and any privateimprovementsdisturbedordestroyedduringexecutionof thework,asnearlyaspracticabletotheconditiontheywere inimmediatelybeforecommencement of thework orentryby theGrantee. Page 1 of5 4140184 Page 2 of 603/09/201011:49AM EasementThurstonCountyWashingtonCITYOFYELM filillllllllllilillfilllllllllllillilllilllllllllllllIllilliillll1|lillfillulillllllli 2. Grantorshallnothavetherightto: a.Erectormaintainany buildingsorstructureswithintheEasement;or b.Planttrees,shrubsor vegetationhavingdeep rootpatternswhich may causedamage to or interferewiththeutilitiestobe placedwithintheeasementby theGrantee;or c.Develop,landscape,or beautifythe easementarea in any way which would unreasonably increasethecoststo theGranteeof restoringtheeasementareaand any privateimprovements therein. d.Dig,tunnelor performotherforms of constructionactivitieson the propertywhich would disturbthecompactionorunearthGrantee'sfacilitiesontheright-of-way,orendangerthelateral supportfacilities. e.Blastwithinfifteen(15)feetoftheright-of-way. ThisEasementshallrun withthelanddescribedherein,and shallbe bindingupon theparties,theirheirs, successorsininterestand assigns.Grantorscovenantthattheyarethelawfulownersoftheaboveproperties andthattheyhavea good and lawfulrighttoexecutethisagreement. By thisconveyance,Grantorwillwarrantand defendthesaleherebymade untotheGranteeagainstalland everypersonor persons,whomsoever,lawfullyclaimingor toclaimthesame.Thisconveyanceshallbind theheirs,executors,administratorsand assignsforever. IN WITNESS WHEREOF,saidGrantorhas causedthisinstrumentto be executedthis day of GRANTOR Denny Balascio Its:Its: STATEOF WASHINGTION ) )SS COUNTY OF THURSTON ) On this_dayof 2010,beforeme a NotaryPublicin and forthe Stateof Washington, personally appeared fle AL.CLECig and am ,of ,a corporationthat executedthe foregoing instrument,and acknowledgedittobe thefreeand voluntaryactofsaidcorporation,fortheusesandpurposes mentionedinthisinstrument,andon oathstatedthattheywereauthorizedtoexecutesaidinstrument. -NotarySealMust 4ppear WithinThisBox- IN WITNESS WHEREOF,Ihavehereuntosetmy hand and officialsealtheday and yearfirstabovewritten. NOTARY PUBLICinandfortheState washington,residingat IVIyConunissionExpires:j(1 Page2 of5 4140184 Page 3 of 603/09/201011:49AM EasementThurstonCountyWashingtonCITYOFYELM ||11|1|1||11||111||||IllllllfilllllllllllllllllillIllilllllllllllHIIIllllilllll||Illl|III CITY OF YELM By:B ShellyBadg Ch Administrator STATEOF WASHINGTION ) )SS COUNTY OF THURSTO ) On this day of ,I L (7 ,2010 beforeme,the undersigned,a NotaryPublicintheStateofWashington,dulyco ssionedand sworn,personallyappeared ShellyBadger,representingherselfasCityAdministrator,respectily,of theCityofYelm,themunicipal corporationthatexecutedtheforegoinginstrument,and acknowledgedtheinstrumenttobe thefreeand voluntaryactand deedofsaidmunicipalcorporationfortheusesand purposesthereinmentioned,andon oathstatedthattheyareauthorizedtoexecutethesame. IN WITNESS WH ve hereuntosetmy handand officialsealtheday and yearfirstabovewritten. Print e BL *NOTARY PUBLICinandfortheS e 1-Washington,residingat A My CommissionExpires: Approv Form:ATTEST: By:By: rentDille CityAttorney JanineSchnepf CityClerk TYPE OF DOCUMENT:Easement-Cityutility GRANTOR(S):Denny Balascio ABBREVIATED LEGAL DESCRIPTION:Section20,Township 17N,2E,Lots1 Block35,McKenna IrrigatedTracts,ThurstonCounty,Washington ASSESSOR TAXPARCEL I.D.NUMBERS:64303500100 NAME OF PROJECT Longmire Park Enhancement Project Page3 of5 4140184 Page 4 of 6 03/09/201011:49AM Easement ThurstonCountyWashingtonCITYOFYEL11 ||lillllll|IIlllllilllillllll|Illlllltillilllllll|IlllllllllllilllllllllllilillllillIIIlll| EXHIBIT PARCEL NO.64303500100 UTILITY EASEMENT THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL "A"DESCRIBED AS FOLLOWS; BEGINNINGAT THE NORTHWEST CORNER OF SAIDPARCEL "A"; THENCE SOUTH Ofa24'57"WEST ALONG THE WEST LINEOF SAIDPARCEL "A",245.00FEET; THENCE SOUTH 88035'03"EAST,15.00FEET TO A LINETHAT IS 15.00FEET EAST OF AND PARALLEL WITH THE WEST LINEOF SAID PARCEL "A"; THENCE NORTH Of"24'57"EAST ALONG SAIDLINE,229.95FEET TO A LINE THAT IS 15.00FEET SOUTH OF AND PARALLEL WITH THE NORTH LINEOF SAID PARGEL "A"; THENCE SOUTH 88022'55"EAST ALONG SA/D LINE,139.64FEET; THENCE NORTH 51034'50"EAST,23.32FEET TO THE NORTH LINEOF SAID PARCEL "A"; THENCE NORTH 88022'55"WEST ALONG SA/DLINE,172.54FEET TO THE POINT OF BEGINNING. CONTAINS 5,903SOUARE FEET,MORE OR LESS. PARCEL "A" (PER PACIFICNORTHWEST TITLECOMPANY ORDER NUMBER 149650,DATED SEPTEMBER 1,2009) LOT 1 INBLOCK 35 OF MCKENNA IRRIGATEDTRACTS,AS RECORDED IN VOLUME 9 OF PLATS,PAGES 43 AND 44.TOGETHER WITH THAT PART OF THE SOUTH HALF OF VACATED FLUME LANE ADJOININGSA/D LOT ON THE NORTH. 64303500100ESMT.doc -1- TACOMA-SEATTLE 4140184 Page 5 of 603/091201011:49AM EasementThurstonCountyWashingtonCITYOFYELM 14 E wh>b,'7 B ' SW 1/4 SEC.20,T.17 N-,R.2 E.,W.M. TAX LOT NUMBER 'TAX LOT NUMBER 64300600402 '64300600200 N 88'22'55"W NORTH LINESW 1/4 SECTION20 172.54' P.O.B. 139.64 N.T.S. PROPOSED UTTLTITYEASEMENT / 5,903 S.F.+ O TAX LOT NUMBER 64303500100 LOT 7,BLOCK 35 OF McKENNA IRRIGATED TRACTS 0..O N 15.00' SEPTEMBER 13,2009 64303500100 ESMT.dwg EXHIB/T m.'"'"".PARCEL 64303500700 2.??UT/LITY EASEMENT 4140184 Page 6 of 6 03709/201011:49AM Easement ThurstonCountyWashington CITYOF YELM illillllllllllilittlillillllllllilillilllllllllllltillillilllllllilllillillillill||111 LEGAL DESCRIPTION LOT 1 IN BLOCK 35 OF MCKENNA IRRIGATED TRACTS, .e HORIZONTAL - WASHINGTON STATE PLANE AS PER PLAT RECORDED IN VOLUME 9 OF PLATS, S CTON S25*21'47"E COORDINATES, SOUTH ZONE, NAD 83/2011 BASED ON PAGEDS 43 & 44, RECORDS OF THURSTON COUNTY, 245.14 TIES TO THURSTON COUNIY MONUMENTS "YELM-2= WASHINGTON; TOGETHER WITH THAT PART OF THE M AND "7656" USING GPS BASE AND ROVER. SOUTH HALF OF VACATED FLUME LANE ADJOINING SAID eg C LOT ON THE NORTH. SUBJECT TO COVENANTS, 0- CONDITIONS AND ENCUMBRANCES OF RECORD, IF ANY. No1*26 3 59-w OC 6 , O' 100' 200 FLUME RD (VACATED) ___¯¯- 1 S A E O -r -m 100.84 4132.19 ---- D=o83*10'45" o 10' VACATED L=189.45 L SW 1/4 D=o89*49 51" C O c OC O 58 p o 56 5' VACATED LOT a ROS(4) LOT 54 o LOT 52 O LOT 50 1D' VACATED \ ,- ROS(4) ----h--8.------..-g.. S88*38'41"E 1169.95 0 10.00 62.00 52.00 52.00 34 90 o N01*22'58"E z | + 2 198.75 0 95 30.00 GREENLEAF AVE SE 837 2"E 52.00 0 S88'37'02"E \,01 225.05 o o / 52.00 25.50 o o n a 4 43 REFERENCED SURVEYS RScX) ' --- -³ª 2 1. WILLOW GLENN DIVISION 3 Pl.AT AFN 3974468. S88'37'02"E O COMPLETED BY SKILLINGS CONNOLLY, FILED 11/29/2007. 10.00 -- 30.00 2. WILLOW GLENN DIVISION 2 PLAT AFN 3624098. 30 COMPLETED BY SKILLINGS CONNOLLY, FILED 3/12/2004. FENCE NOTES A °°' 20.00 3. MCKENNA IRRIGATED TRACTS VOL 9 OF PLATS, PAGES 43 AND 44, FILED 3/1/1920. 1. CYCLONE FENCE 10.15' S OF PROPERTY LINE MONUMENT NOTES @ 4. DECLARATION OF SHORT SUBDIVISION AND COVENANTS 2. HOGWIRE FENCE 2.91' S OF PROPERTY LINE SS-0353 AFN 997816 SHORT PLATS VOLUME 5, PAGES 3. HOGWIRE FENCE 1.25' S OF PROPERTY LINE 1. FOUND 3" BRASS MONUMENT WITH PUNCH IN METAL e 299-304, FILED 5/10/1977. 4. HOGWIRE FENCE 1.41' S OF PROPERTY LINE CASE MARKED "YELM-2". 5. HOGWIRE FENCE 1.79' S OF PROPERTY LINE 2. FOUND 3" BRASS SURFACE MONUMENT WITH PUNCH 6. HOGWIRE FENCE 1.62' S OF PROPERTY LINE MARKED "SKILLINGS CONNOLLY CONSULTING ........ 7. HOGWIRE FENCE 1.34' S OF PROPERTY LINE ENGINEERS LS 27192". URS -----E}----G----O--- WOOD FENCE 8. HOGWIRE FENCE 1.56' S OF PROPERTY LINE 3. FOUND 5/8" REBAR WITH RED PLASTIC CAP MARKED ....--.... CHAIN LINK FENCE "FOX LS27192". O , -*---»--»---»--·»--»-- WIRE FENCE 4. FOUND 3" BRASS SURFACE MONUMENT WITHOUT / O o ROAD ROW PUNCH MARKED "SKILLINGS CONNOLLY CONSULTING - - - - - - ROAD ROW (VACATED) LEGEND ENGINEERING LS 29275". - CENTERLINE ROAD ROW 5. FOUND 5/8" REBAR WITH SMASHED YELLOW PLASTIC - - LOT LINE O REBAR AND CAP CAP, MARKING ON CAP NOT LEGIBLE. MONUMENT PROPERTY LINE BRASS CAP \\\\\\\\\\\\\\\\\\ EXTERIOR BUILDING BASED ON MCKENNA'S IRRIGATED TRACTS. 9 5/8" X 24" LONG REBAR 6. FOUND 5 8 REBAR WITH ORANGE PLASTIC CAP N NG - - - - - - EDGE OF GRAVEL WITH MTN2COAST CAP MARKED JCG LS29275". " EDGE OF PAVEMENT AUDITOR'S CERTIFICATE SURVEYOR'S CERTIFICATE c FILED FOR RECORD THIS __ DAY OF Á 202-7- THIS MAP CORRECTLY REPRESENTS A SURVEY MADE RECORD OF SURVEY FOR SCJ ALLIANCE AT 2'30 P.M. IN BOOK OF BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE REQUIREMENTS OF THE SURVEY Y AT PAGE - AT THE REQUEST OF RECORDING ACT AT THE REQUEST OF: MTN MTN2ÇQAST, LLC. C¢AST . DRAWN BY DATE JOB NUMBER Úl~ JM8 . IN ./ . 2022 *o GB 1/4 2022 21-706 29278 PROFESSIONAL LAND SURVEYORS CHECKED BY SCALE SHEET NUMBER COUNTT AUDITol o 2320 MOTTMAN RD SW, STE 106 BEP 1"=100' SV-1 4-/' L LA TUMWATER, WA 98512 AUDITOR'S FILE NUMBER W /35/ Z BLAIR E. PRIGGE, PLS 9278 360-688-1949 AUDITORS INDEX NW1/4 SW1/4, SECTION 20, T17N, R2E, W.M. 4 Uj Cx ell ts rN �NZ ago ti �\ y �.o • �, z ri cj hi N 14, till N. Ilk -p ti y 0 0 D to Qf o c1, c i ' c' z }Z{ 90 G o LlCD Q G► �0 ZY ts Lft oP4 3 n y -A ral �k It o ro Nt Sk ti ! b rt 14. .� cep � Zk � � � � � � `+ � p� �D n � ,a r 3 • � O CD m 0 n O z f« �1 A' ',r .• McKE-NNA I RRICiATED T fa lot'. i THUP3TON COUNTY jl, ��o ° 3Q•• 1 Scale: I inch= SO O {eet \ /A H. r. 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PO Box 59 314 Harrison Avenue Centralia, WA 98531 AUG 26 521394236 Thurston County Treasurer Real Estate Excise Tax Paid i A 0 Deputy Quit Claim Deed GRANTOR(S): YELM PROPERTY DEVELOPMENT, LLC, a Washington Limited Liability Company GRANTEE(S): DENNY BALASCIO, individually LEGAL DESCRIPTION: Lot 1 in Block 35 of McKenna Irrigated Tracts PARCEL NO's.: 64303500100, 99801377700, 99900122200 THE GRANTOR, YELM PROPERTY DEVELOPMENT, LLC, A Washington Limited Liability Company, for no consideration (mere change in identify/form), conveys and quit claims, to DENNY BALASCIO, as his separate estate, the following described real estate, situated in the County of Thurston, State of Washington, including any interest therein which Grantor may hereafter acquire: Lot I in Block 35 of McKenna Irrigated Tracts, as per plat recorded in Volume 9 of Plats, pages 43, records of Thurston County, Washington; TOGETHER WITH that part of the south half of vacated Flume Lane adjoining said lot on the North. SUBJECT TO covenants, conditions, and encumbrances of record, if any. DATED this / O -6day of u u S f , 2021. YELM PROPERTY DEVELOPMENT, LLC By: ,�, al - (i Jci."o o' 4877800 Pages: 2 08/26/2021 03:37 PM Deed Thurston County Washington BUZZARD O'ROURKE. P.S 1111 K FAk1%JtMINUMr F10111111 4877800 Page 2 of 2 08/26/2021 03.37 PM Thurston County WA STATE OF WASHINGTON } } SS. County of s np 0nL� } On this day personally appeared before me , to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned. Given under my hand and official seal this day ofA—_, 2021. ALYCIA ZUANICH Notary Public State of Washington Commission # 188481 My Comm. Expires Dec 21, 2024 bLir'� &M44A Notary Public in aird for the State of: WA Residing at: Ed M 01) S . W My commission expires: Printed Name: