09-0239 Title Insurance 111609Form WA-5 (6/76)
Commitment Face Page
File No.: NCS-387561-ORl
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COMMITMENT FOR TITLE INSURANCE
Issued by
FIRSTAMERICAN TITLE INSURANCE COMPANY
First American Title Insurance Company, herein called the Company, for valuable consideration, hereby
commits to issue its policy or policies of title insurance, as identifed in Schedule A, in favor of the
proposed Insured named in Schedule A, as owner or mortgagor of the estate or interest covered
hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges
therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations
hereof.
This Commitment shall be effective only when the identity of the proposed Insured and the amount
of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either
at the time of the issuance of the Commitment or by subsequent endorsement.
This Commitment if preliminary to the issuance of such policy or policies of title insurance and all
liability and obligations hereunder shall cease and terminate six (6) months after the effective date
hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that
the failure to issue such policy or policies is not the fault of the Company. This Commitment shall not
be valid or binding until countersigned by an authorized officer or agent.
IN WITNESS WHEREOF, the Company has caused this commitment to be signed and sealed, to
become valid when countersigned by an authorized officer or agent of the Company, all in accordance
with its By-Laws. This Commitment is effective as of the date shown in Schedule A as "Effective Date."
FirstAmerican Tit/e Insurance Company
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First American Title Insurance Company
Form WA-6 (6/76) File No.: NCS-387561-ORl
Commitment Page No. 1
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FirstAmerican Tit/e Insurance Company
National Commercia/Services
200 SW Market Street, Suite 250, Portland, OR 97201
(503)795-7600 - FAX (503)795-7614
Jennifer L. Watson
(503)790-7866
j ew a tso n@ f i rsta m. co m
To: Les Schwab File No.: NCS-387561-ORi
20900 Cooley Road, PO Box 5350 Your Ref No.: Yelm, WA
Bend, OR 97701
Attn: Bonnie McCoy
THIRD REPORT
SCHEDULER
1.
2.
3.
4.
Commitment Date: September 17, 2009 at 7:30 A.M.
Policy or Policies to be issued:
AMOUNT
PREMIUM TAX
Extended Owner's Coverage $ To Follow $
Proposed Insured:
Les Schwab
To Follow $ To Follow
The estate or interest in the land described on Page 2 herein is Fee Simple, and title thereto is
at the effective date hereof vested in:
Our Redeemer Evangelical Lutheran Church of Yelm, Washington, a Washington non-profit
corporation, which acquired title as Our Redeemer Evangelical Lutheran Church
The land referred to in this Commitment is described as follows:
The land referred to in this report is described in Exhibit "A" attached hereto.
First American Title Insurance Company
Form WA-6 (6/76)
Commitment
EXHIBIT 'A'
LEGAL DESCRIPTION:
PARCEL I:
File No.: NCS-387561-ORl
Page No. 2
That part of the Northwest quarter of the Northeast quarter of Section 30, Township 17 North, Range 2 East of
the Willamette Meridian, in Thurston County, Washington, described as follows:
Beginning at the Southwest corner of the Southeast quarter of said Northwest quarter of the Northeast quarter;
thence Northerly along the West line of said Southeast quarter of the Northwest quarter of the Northeast quarter
and along the East line of a tract conveyed to John Cubit by Deed recorded in Volume 100 of Deeds at
page(s)201 under Recording No. 98937, 1,017.5 feet, more or less, to the Southerly line of Secondary State
Highway No. 5-H; thence Southeasterly along the Southerly line of said highway to the West line of a tract
conveyed to Paul Johnson et ux., by Deed dated September 5, 1942 and recorded under Recording No. 371248;
thence Southerly along said West line 737.12 feet, more or less, to the South line of said Southeast quarter of the
Northwest quarter of the Northeast quarter; thence Westerly along said South line 330 feet, more or less, to the
point of beginning.
EXCEPT that portion conveyed to the City of Yelm, a municipal corporation, for State Route 507, Jct. SR 510 to
Bald Hills Road Vic. by Deed recorded October 25, 2001 under Recording No. 3387674.
PARCEL II;
The East 20 feet of the following described property:
That part of the Northwest quarter of the Northeast quarter of Section 30, Township 17 North, Range 2 East of
the Willamette Meridian, in Thurston County, Washington, described as follows:
Beginning at a point on the South line of said subdivision 310 feet West of the Southeast corner thereof; thence
West 350 feet more or less to the Southwest corner of the Southeast quarter of said Northwest quarter of the
Northeast quarter; thence Northerly along the West line of said Southeast quarter of Northwest quarter of
Northeast quarter and along the East line of Tract conveyed to John Cubit by deed recorded in Volume 100 of
Deeds, page 201, under Recording No. 98937, 1017.5 feet more or less to the Southerly line of secondary state
highway no. 5-H; thence Southeasterly along the Southerly line of said highway to a paint North of the point of
beginning; thence South 737.12 feet more or less, to said point of beginning.
First American Title Insurance Company
Form WA-s (6/76)
Commitment
SCHEDULE B -SECTION 1
REQUIREMENTS
The following are the Requirements to be complied with:
File No.: NCS-387s61-oRl
Page No. 3
Item (A) Payment to or for the account of the Grantors or Mortgagors of the full consideration for the
estate or interest to be insured.
Item (B) Proper instrument(s) creating the estate or interest to be insured must be executed and duly
filed for record.
Item (C) Pay us the premiums, fees and charges for the policy.
Item (D) You must tell us in writing the name of anyone not referred to in this Commitment who will
get an interest in the land or who will make a loan on the land. We may then make
additional requirements or exceptions
SCHEDULE B -SECTION 2
GENERAL EXCEPTIONS
The Policy or Policies to be issued will contain Exceptions to the following unless the same are disposed
of to the satisfaction of the Company.
A. 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.
B. Any facts, rights, interest, or claims which are not shown by the public records but which could
be ascertained by an inspection of said land or by making inquiry of person in possession thereof.
C. Easements, claims of easement or encumbrances which are not shown by the public records.
D. 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 public records.
E. (1) Unpatented mining claims; (2) reservations or exceptions in patents or in acts authorizing the
issuance thereof; (3) Water rights, claims or title to water; whether or not the matters excepted
under (1), (2) or (3) are shown by the public records; (4) Indian Tribal Codes or Regulations,
Indian Treaty or Aboriginal Rights, including easements or equitable servitudes.
F. Any lien, or right to a lien, for services, labor, materials or medical assistance theretofore or
hereafter furnished, imposed by law and not shown by the public records.
G. Any service, installation, connection, maintenance, construction, tap or reimbursement
charges/costs for sewer, water, garbage or electricity.
H. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in
the public records or attaching subsequent to the effective date hereof but prior to the date the
proposed insured acquires of record for value the estate or interest or mortgages thereon
covered by this Commitment.
First American Title Insurance Company
Form WA-6 (6/76) File No.: NCS-387561-ORl
Commitment Page No. 4
SCHEDULE B -SECTION 2
(continued)
SPECIAL EXCEPTIONS
1. Lien of the Real Estate Excise Sales Tax and Surcharge upon any sale of said premises, if
unpaid. As of the date herein, the excise tax rate for the City of Yelm is at 1.78%.
Levy/Area Code: 170
For all transactions recorded on or after July 1, 2005:
• A fee of $10.00 will be charged on all exempt transactions;
• A fee of $5.00 will be charged on all taxable transactions in addition to the
excise tax due.
2. Liability, if any, for pro-rata portion of Real Property taxes which are carried on the
Thurston County Tax Rolls, as tax account no. 2273-01-21100, are exempt.
We note Special Charges for the year 2009 in the amount of $27.21, of which $27.21 has been paid.
Balance due: $0.00.
(Affects portion of the said premises)
3. Liability, if any, for pro-rata portion of Real Property taxes which are carried on the
Thurston County Tax Rolls, as tax account no. 2273-01-21101, are exempt.
We note Special Charges for the year 2009 in the amount of $8.31, of which $8.31 has been paid.
Balance due: $0.00.
(Affects remainder of the said premises)
4. City liens, if any, for the City of Yelm.
Note: An inquiry has NOT been made concerning the actual status of such liens.
5. Wellsite Covenants and Restrictions contained in instrument:
Recorded: July 30, 1980
Recording No.: 1117322
6. The terms and provisions contained in the document entitled Water Use Agreement, executed by
and between Our Redeemer Evangelical Lutheran Church of Yelm, Washington, a Washington
non-profit corporation and William A. Ehli and Marilyn Y. Ehli, recorded July 17, 1984 as
Instrument No. 8407170060 of Official Records.
7. Terms and Conditions of Town of Yelm Ordinance No. 335:
Recorded: June 26,1987
Recording No.: 8706260130
FirstAmerican Title Insurance Company
Form WA-6 (6/76)
Commitment
File No.: NCS-387561-ORl
Page No. 5
8. Easement, including terms and provisions contained therein:
Recording Information: August 19, 1987 under Recording No. 8708190104
For: Water pipeline
Affects: as described therein
Conditions, notes, easements, provisions contained and/or delineated on the face of the Survey
recorded November 22, 2000 under Recording No. 3324269, in Thurston County, Washington.
The location of the easement cannot be determined from record information.
10. Easement, including terms and provisions contained therein
Recording Information: April 5, 2002 under Recording No. 3425081
In Favor of: Puget Sound Energy, Inc., a Washington corporation
For: Transmission, distribution and sale of gas and electricity
Affects: as described therein
11. Evidence of the authority of the officers of Our Redeemer Evangelical Lutheran Church of Yelm,
Washington, a Washington non-profit corporation, to execute the forthcoming instrument.
Current Articles of Incorporation and By-Laws should be furnished both for said corporation and
for any higher discipline or organization to which it is responsible.
12. Title is held by a church incorporated under the laws of the State of Washington. It may sell,
convey or mortgage the property only in accordance with its By-Laws and pursuant to the
discipline of any parent church or regional/national organization with which it may be affiliated.
Evidence of said authority should be submitted prior to recording.
It should be noted that in the case of a sale or mortgage of all or substantially all of the
property and assets of a corporation, regardless of the requirements of the organizations
involved, the Washington Non-Profit Corporation Act (RCW 24.03.215) requires a special
procedure. If there are not members having voting rights, the act requires a sale or
mortgage to be authorized by majority vote of the directors. If there are member having
voting rights, the act requires the following:
1. That the Board of Directors adopt a resolution recommending the
sale or mortgage and directing that it be put to a vote of the
membership;
2. That written notice of the meeting stating one of the purposes is to
secure approval of the transaction to be given to each member, in
accordance with the Articles and By-Laws, but in no case to be
delivered less than 10, nor more than S0, days before the meeting;
3. That authorization at such meeting requires atwo-thirds vote of the
membership present; and
4. That after such meeting the Board of Directors approve such
transaction by appropriate resolution.
13. According to registration information on file with the State of Washington Secretary of State, Our
Redeemer Evangelical Lutheran Church of Yelm, Washington, has been an inactive non-profit
FirstAmerican Title Insurance Company
Form WA-6 (6/76) File No.: NCS-387561-ORl
Commitment Page No. 6
corporation since March 31, 2008, date of license expiration. Evidence must be submitted that
said entity has been reinstated.
14. According to the application for title insurance, title is to vest in Les Schwab. We are unable to
determine the nature of said entity and require further information prior to closing.
15. Matters of extended owner/purchaser coverage which are dependent upon an inspection and an
ALTA survey of the property for determination of insurability.
Please submit a copy of the ALTA Survey at your earliest convenience for review. Our inspection
will be held pending our review of the ALTA Survey and the result of said inspection will be
furnished by supplemental report.
16. Unrecorded leaseholds, if any, rights of vendors and security agreement on personal property
and rights of tenants, and secured parties to remove trade fixtures at the expiration of the term.
FirstAmerican Title Insurance Company
Form WA-6 (6p6) File No.: NCS-387561-ORl
Commitment Page No. 7
INFORMATIONAL NOTES
A. Effective January 1, 1997, and pursuant to amendment of Washington State Statutes relating to
standardization of recorded documents, the following format and content requirements must be
met. Failure to comply may result in rejection of the document by the recorder.
B. Any sketch attached hereto is done so as a courtesy only and is not part of any title commitment
or policy. It is furnished solely for the purpose of assisting in locating the premises and 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.
Ptn Sec 30 Twp 17N Rge 2E, NE Qtr NW Qtr
APN: 2273-O1-21100
APN: 2273-01-21101
D. According to the application for title insurance, title is to vest in Les Schwab.
Examination of the records discloses no matters pending against said party(ies).
E. A fee will be charged upon the cancellation of this Commitment pursuant to the Washington
State Insurance Code and the filed Rate Schedule of the Company.
END OF SCHEDULE B
first American Title Insurance Company
Form WA-5 (6/76)
Commitment
1•
FirstAmerican Tit/e Insurance Company
Nations/ Commercia/Services
COMMITMENT
Conditions and Stipulations
File No.: NCS-387561-ORS
Page No. 8
1. The term "mortgage" when used herein shall include deed of trust, trust deed, or other security
instrument.
2. If the proposed Insured has or acquires actual knowledge of a defect, lien, encumbrance,
adverse claim or other matter affecting the estate or interest or mortgage thereon covered by
this Commitment, other than those shown in Schedule B hereof, and shall fail to disclose such
knowledge to the Company in writing, the Company shall be relieved from liability for any loss or
damage resulting from any act or reliance hereon to the extent the Company is prejudiced by
failure to so disclose such knowledge. If the proposed Insured shall disclosure such knowledge
to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien,
encumbrance, adverse claim or other matter, the Company at its option, may amend Schedule B
of this Commitment accordingly, but such amendment shall not relieve the Company from liability
previously incurred pursuant to paragraph 3 of these Conditions and Stipulations.
3. Liability of the Company under this Commitment shall be only to the named proposed Insured
and such parties included under the defnition of Insured in the form of Policy or Policies
committed for, and only for actual loss incurred in reliance hereon in undertaking in good faith
(a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B,
or (c) to acquire or create the estate or interest or mortgage thereon covered by this
Commitment. In no event shall such liability exceed the amount stated in Schedule A for the
Policy or Policies committed for and such liability is subject to the Insuring provisions, exclusion
from coverage, and the Conditions and Stipulations of the form of Policy or Policies committed for
in favor of the proposed Insured which are hereby incorporated by references, and are made a
part of this Commitment except as expressly modified herein.
4. Any claim of loss or damage, whether or not based on negligence, and which arises out of the
status of the title to the estate or interest or the lien of the Insured mortgage covered hereby or
any action asserting such claim, shall be restricted to the provisions and Conditions and
Stipulations of this Commitment.
First American Title Insurance Company
Form WA-5 (6/76)
Commitment
The First American Corporation
First American Tit/e Insurance Company
Nations/ Commercia/Services
PRIVACY POLICY
We Are Committed to Safeguarding Customer Information
File No.: NCS-387561-ORl
Page No. 9
In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be
concerned about what we will do with such information particularly any personal or fnancial information. We agree that you have a right to know how
we will utilize the personal information you provide to us. Therefore, together with our parent company, The First American Corporation, we have
adopted this Privacy Policy to govern the use and handling of your personal information,
Applicability
This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we
have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also
adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines itr Fair
Information Values, a copy of which can be found on our website at www.frstam.com.
Types of Information
Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include:
Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by
telephone or any other means;
Information about your transactions with us, our afflicted companies, or others; antl~
Information we receive from a consumer reporting agency.
Use of Information
We request information from you for our own legitimate business purposes and not for the beneft of any nonaffiliated parry. Therefore, we will not
release your information to nonaffliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as
permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such
information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of
nonpublic personal information listed above to one or more of our afflicted companies. Such affiliated companies include fnancial service providers,
such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such
as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as
described above, to companies that perform marketing services on our behalf, on behalf of our afflicted companies, or to other fnancial institutions
with whom we or our affiliated companies have joint marketing agreementr.
Former Customers
Even if you are no longer our customer, our Privacy Polity will continue to apply to you.
Confidentiality and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal
information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best
efforts to train and oversee our employees and agentr to ensure that your information will be handled responsibly and in accordance with this Privacy
Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal
regulations to guard your nonpublic personal information,
c 2001 The First American Corporation -All Rightr Reserved
FirstAmerican Title Insurance Company