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Plat Certificate CHICAGO TITLE INSURANCE COMPANY 3315 PACIFIC AVE SE #D-lB, OLYMPIA, WA 98501 PLAT CERTIFICATE Order No.. 2005988 Certificate for Filmg Proposed Plat: In the matter of the plat submitted for our approval, thIS Company has exammed the records of the County Auditor and County Clerk of THURSTON County, Washmgton, and the records of the Clerk of the U mted States Courts holdmg terms m said County, and from such exammation hereby certifies that the title to the followmg described land situate m Said THURSTON County, to-WIt: SEE SCHEDULE A (NEXT PAGE) VESTED IN WILLIAM R COWLES AND MARGO S COWLES, HUSBAND AND WIFE EXCEPTIONS. SEE SCHEDULE B ATTACHED CHARGE. $200 00 TAX. $16 00 Records examined to JANUARY 11, 2001 at 8 00 AM By ~1-LJ.~ MARK A KARJALAHTI Title Officer (360)456-7878 PIATCRTA/RDA/0999 CHICAGO TITLE INSURANCE COMPANY PLAT CERTIFICATE SCHEDULE A (Continued) Order No.. 2005988 LEGAL DESCRIPTION THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 17 NORTH, RANGE 2 EAST, W M , DESCRIBED AS FOLLOWS BEGINNING AT THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER, THENCE NORTHERLY 471 FEET, ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION, TO THE SOUTHERLY BOUNDARY OF COUNTY ROAD KNOWN AS CANAL ROAD (FORMERLY KNOWN AS CRYSTAL SPRINGS ROAD); THENCE WESTERLY ALONG SAID SOUTHERLY BOUNDARY 683 FEET TO THE EAST PROPERTY LINE OF THURSTON COUNTY ASSESSOR PARCEL NUMBER 22718310200; THENCE SOUTH 050 29' 38" EAST, 536 52 FEET ALONG SAID EAST PROPERTY LINE EXTENDED TO A POINT ON THE SOUTH LINE OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE EASTERLY ALONG SAID SOUTH LINE 576 67 FEET TO THE POINT OF BEGINNING EXCEPTING THEREFROM THE EAST 20 FEET AND THE SOUTH 20 FEET FOR ROADS IN THURSTON COUNTY, WASHINGTON PIA TCRTL/RDA/0999 CHICAGO TITLE INSURANCE COMPANY PLAT CERTIFICATE SCHEDULE B Order No. 2005988 ThIS certificate does not msure agamst loss or damage by reason of the followmg exceptions. GENERAL EXCEPTIONS A. Defects, hens, encumbrances, adverse claims or other matters, If any, created, first appeanng m the public records or attachmg subsequent to the effective date hereof but pnor to the date the proposed msured acqUIres for value of record the estate or mterest or mortgage thereon covered by thIS Commitment. B. Rights or claims of parties m posseSSIOn not shown by the pubhc records. C. Encroachments, overlaps, boundary hne disputes, and any other matters which would be disclosed by an accurate survey and mspectIOn of the premises. D Easements or claims of easements not shown by the pubhc records. E. Any hen, or nght to hen, for contributIOns to employee benefit funds, or for state workers' compensation, or for serVices, labor, or matenal heretofore or hereafter furmshed, all as Imposed by law, and not shown by the pubhc records. F LIens under the Workmen's Compensation Act not shown by the pubhc records. G Any serVIce, mstallatlOn, connection, mamtenance or constructIOn charges for sewer, water, electncity or garbage removal. H. General taxes not now payable; matters relatmg to speCIal assessments and special leVies, If any, precedmg or m the same becommg a hen. I. Reservations or exceptions m patents or m Acts authonzmg the Issuance thereof; Indian tribal codes or regulations, Indian treaty or abongmal nghts, mcluding easements or eqUItable serVitudes. J Water nghts, claims, or title to water K. THIS REPORT IS ISSUED AND ACCEPTED UPON THE UNDERSTANDING THAT THE LIABILITY OF THE COMPANY SHALL NOT EXCEED ONE THOUSAND DOLLARS($1000.00) PIATCRTB/RDA/0999 CHICAGO TITLE INSURANCE COMPANY PLAT CERTIFICATE SCHEDULE B (Contmued) Order No 2005988 EXCEPTIONS A 1 GENERAL TAXES, SPECIAL DISTRICT MANAGEMENT, AND SURFACE WATER MANAGEMENT FEES, IF ANY; PAYABLE ON FEBRUARY 15TH YEAR AMOUNT TAX ACCOUNT NUMBER LEVY CODE ASSESSED VALUE-LAND ASSESSED VALUE-IMPROVEMENTS 2001 NOT YET AVAILABLE 22718310300 182 $ 46,200 00 $ 00 NOTE GENERAL TAXES FOR 2000 IN THE SUM OF $ 670 48 HAVE BEEN PAID B AFFECTS PORTION OF SAID PREMISES G 2 DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF GRANTOR WILLIAM R COWLES AND MARGO S COWLES, HUSBAND AND WIFE THURSTON COUNTY TITLE COMPANY GEORGE COWLES AND MARY COWLES, TRUSTEES OF THE GEORGE AND MARY COWLES LIVING TRUST $ 80,000 00 FEBRUARY 1, 1995 FEBRUARY 15, 1995 9502150047 (NjA) TRUSTEE BENEFICIARY AMOUNT DATED RECORDED RECORDING NUMBER LOAN NUMBER THE AMOUNT NOW SECURED BY SAID DEED OF TRUST AND THE TERMS UPON WHICH THE SAME CAN BE DISCHARGED OR ASSUMED SHOULD BE ASCERTAINED FROM THE HOLDER OF THE INDEBTEDNESS SECURED M AFFECTS PORTION OF SAID PREMISES H 3 DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF GRANTOR WILLIAM R COWLES AND MARGO S COWLES, ,HW BERNARD L PEREZ, ATTORNEY-AT-LAW PRAIRIE ELECTRIC COMPANY & ASSOCIATES, LTD, A WASHINGTON CORPORATION $ 25,000 00 JANUARY 27, 1999 FEBRUARY 5, 1999 TRUSTEE BENEFICIARY AMOUNT DATED RECORDED PIATCRTBI/RDA/0999 CHICAGO TITLE INSURANCE COMPANY PLAT CERTIFICATE SCHEDULE B (Contmued) Order No.. 2005988 RECORDING NUMBER LOAN NUMBER 3208916 (NjA) THE AMOUNT NOW SECURED BY SAID DEED OF TRUST AND THE TERMS UPON WHICH THE SAME CAN BE DISCHARGED OR ASSUMED SHOULD BE ASCERTAINED FROM THE HOLDER OF THE INDEBTEDNESS SECURED N AFFECTS PORTION OF SAID PREMISES c 4 CONTRACT OF SALE AND THE TERMS AND CONDITIONS THEREOF PURCHASER WILLIAM R COWLES AND MARGO S COWLES, HUSBAND AND WIFE DOUGLAS A RANDLES AND KERRI L RANDLES, HUSBAND AND WIFE MAY 31, 2000 JUNE 28, 2000 3300585 A RE-RECORDING OF 3295813 279515 AND 280318 SELLER DATED RECORDED RECORDING NUMBER EXCISE TAX NUMBER D AFFECTS PORTION OF SAID PREMISES E THE PURCHASER'S INTEREST IN THE ABOVE CONTRACT IS NOW HELD OF RECORD BY RANDLES FAMILY LLC, A WASHINGTON LIMITED LIABILITY COMPANY PURSUANT TO INSTRUMENT RECORDED AUGUST 18, 2000 UNDER AUDITOR'S FILE NO 3308703 F 5 MATTERS RELATING TO SURVEY RECORDED UNDER AUDITOR'S FILE NO 8409280006, AS FOLLOWS QUESTIONS RELATING TO THE FENCE LOCATED ON THE WEST LINE OF SAID PREMISES I 6 EXCEPTIONS AND RESERVATIONS CONTAINED IN DEED FROM THE STATE OF WASHINGTON, WHEREBY THE GRANTOR EXCEPTS AND RESERVES ALL OIL, GASES, COAL, ORES, MINERALS, FOSSILS, ETC , AND THE RIGHT OF ENTRY FOR OPENING, DEVELOPING AND WORKING THE SAME AND PROVIDING THAT SUCH RIGHTS SHALL NOT BE EXERCISED UNTIL PROVISION HAS BEEN MADE FOR FULL PAYMENT OF ALL DAMAGES SUSTAINED BY REASON OF SUCH ENTRY; RECORDED UNDER RECORDING NUMBER 584567 J RIGHT OF STATE OF WASHINGTON OR ITS SUCCESSORS, SUBJECT TO PAYMENT OF COMPENSATION THEREFOR, TO ACQUIRE RIGHTS OF WAY FOR PRIVATE RAILROADS, SKID ROADS, FLUMES, CANALS, WATER COURSES OR OTHER EASEMENTS FOR TRANSPORTING AND MOVING TIMBER, STONE, MINERALS AND OTHER PRODUCTS FROM THIS AND OTHER PROPERTY, AS RESERVED IN DEED REFERRED TO ABOVE PIATCRB2/RDA/0999 CHICAGO TITLE INSURANCE COMPANY PLAT CERTIFICATE SCHEDULE B (Contmued) Order No.. 2005988 K 7 TERMS, CONDITIONS AND PROVISIONS CONTAINED IN CITY OF YELM ORDINANCE NO 648 IN REGARDS TO ANNEXATION OF SAID PREMISES AND OTHER LANDS, AS RECORDED AUGUST 10, 1999 UNDER AUDITOR'S FILE NO 3248093 L 8 AGREEMENT AND THE TERMS AND CONDITIONS THEREOF BETWEEN AND RECORDED RECORDING NUMBER REGARDING WILLIAM COWLES YELM COMMUNITY SCHOOLS DISTRICT NO 2 AUGUST 20, 1999 3250357 MITIGATION AGREEMENT END OF SCHEDULE B p MK/MK PIATCRB2/RDA/0999 By WHEN RECORDED RETURN TO: R. ill Estate El(cise tal( paid ~ Receipt no. ~ ,qSIt::;'" O"'e ~OO Robin L Hunt. Thurston Co.. Treas. By ~lOW- Deputy BERNARD L. PEREZ A TIORNEY -AT-LA W P.O. BOX'930 YELM, W A 98597 Document Title Reference /I (If applicable) Granlor(s) Grantee(s) Legal Description (abbreviated) Assessor's Tal( Parcelld. No. Real Estate Contract Not applicable COWLES. William R. and Margo S. RANDLES, Douglas A. and Kern L. Ptn.oftheNE'/.,oftheSE'/.ofS 18, T 17N, R2E, W.M. 227-18-310300 ........***......**................*.....***....**..........*............****...***.........**. -. 1{€-P.r:cop..PQ:> 70 C(!)fl,.(l.~C/ L~n+L f)esc~if'-rlbN- REAL ESTATE CONTRACT ~ ,. '\ (RESIDENTIAL SHORTFQRM) ":7 \ I ~~ g....-J THURSTON CO NTY TITLE CO ANY OPTIONAL PROVISION NOT INITIALED BY ALL PERSONS SIGNING THIS CONTRACT - .WHETHER INDIVIDUALLY OR AS AN OFFICER OR AGENT - -IS NOT A PART OF THIS CONTRACT I. PARTIES AND DATE. This contract is entered into on H A- Y ':;; I ,2000 between WILLIAM R. COWLES and MARGO S. COWLES, husband and wife, as "Seller" and DOUGLAS A. RANDLES and KERRI L. RANDLES, husband and wife, as "Buyer" 2. SALE AND LEGAL DESCRlPTIONS. Seller agrees to sell to Buyer and Buyer agrees to purchase from Seller the following described real estate in Thurston County State of Washington: 5()fJ1lIW€...t;".,. That portion ofthe Northeast quarter of the S811lh8116t quarter of Section 18, Township 17 North, Range 2 East, W.M., described as follows: . 11 Ci>r{No. OF S/rll> ,y0f{11/~~'$r Beginning at the Southeastfuarter of the Southwest quarter, thence North 471 feet to the Southerly boundary of county road known as~~ta1 Springs Road; thence Westerly along said Southerly boundary 683 feet; thence South 545 feet, more or less, to a point on the South line of said Northeast quarter of the Southwest quarter 525 feet West of the point of beginning; thence East along said South line 525 feet to the point of beginning. EXCEPTING THEREFROM the East 20 feet and the South 20 feet for roads. 3. PERSONAL PROPERTY Personal property, ifany included in the sale is as follows: None. 4. (8) PRICE Buyer agrees to pay- Less Less Results in $ 182,000.00 ($ 25,000.00) ($ 0 00) $ 157,000.00 Price Down Payment Assumed Obligation(s) Amount Financed by Seller (b) ASSUMED OBLIGATIONS. None. Note: Fill in the date in the following two lines only if there is an early cash out date. NOTWITHSTANDING THE ABOVE, THE ENTIRE BALANCE OF PRINCIPAL AND INTEREST IS DUE IN FULL NOT LATER THAN JUNE 1,2001 ANY ADDITIONAL ASSUMED OBLIGATIONS ARE INCLUDED IN ADDENDUM. (t) PA YMENT OF AMOUNT FINANCED BY SELLER. Buyer agrees to pay the sum of $157,000.00 as follows: $1,317.54 or more at Buyer's option on or before the I" day of July, 2000, including interest from June I, 2000 at the rate of9% per annum on the declining balance thereof; and a like amount or more on or before the J n day of each and every month thereafter until June I 200 I at which time the contract is to be paid in full. Form LPB NO. 44 (Rev.12-9BI P~e I .r. 1~!!IJ~II!nmJ1~~!!~!!. ~~:~~5 paLm~JI~I~~}~I' n",,",~,u., tAJUf" I 11'L.~ 1\1:.'" "1" 00 UU-'''UlI ,",UI wn - .., = CD "'-' o o ~ C\.I Ii:' .~ on on en ..... ...... o o C"'J -, ~!' 3295813 Page' 1 of 7 85131/2668 S3 34F Tlvston Co, UA Note: Fill in the date in the following two lincs only if there is an early cash out date. NOTWITHSTANDING THE ABOVE, THE ENTIRE BALANCE OF PRINCIPAL AND INTEREST IS DUE IN FULL NOT LATER THAN JUNE 1,2001 Payments are applied first to interest and then to principal. Payments shall be made at P.O. BOl( 251, Yelm, Washington, or such other place as the Seller may hereafter indicate in writing. S. FAILURE TO MAKE PAYMENTS ON ASSUMED OBLIGATIONS. If Buyer fails to make any payments on assumed obligation(s), Seller may give written notice to Buyer that unless Buyer makes the delinquent payment(s) within fifteen (15) days, Seller will make the payment(s), together with any latc charge, additional interest, penalties, and costs assessed by the Holder of the assumed obligation(s). The IS-day period may be shortened to avoid the exercise of any remedy by the holder of the assumed obligation. Buyer shall immediately after such payment by Seller reimburse Seller for the amount of such payment plus a late charge equal to five percent (5%) of the amount so paid plus all costs and attorneys' fees incum:d by Seller in connection with making such payment. 6. (a) OBLIGATIONS TO BE PAID BY SELLER. The Seller agrees to continue to pay from payments received hereunder the following obligations, which obligations must be paid in full when Buyer pays the purchase price in full: That certain Deed of Trust dated February I, 1995, recorded February 15, 1995, under Auditor's File No. 9502150047, and that certain Deed of Trust dated January 27, 1999, recorded February 5, 1998, under Auditor's File No. 3208916. ANY ADDITIONAL OBLIGATIONS TO BE PAID BY SELLER ARE INCLUDED IN ADDENDUM. (b) EQUITY OF SELLER PAID IN FULL. If the balance owed the Seller on the purchase price herein becomes equal to the balances owed on prior encumbrances being paid by Seller, Buyer will be deemed to have assumed said encumbrances as of that date. Buyer shall thereafter make payments direct to the holders of said encumbrances and make no further payments to Seller Seller shall at that time deliver to Buyer a fulfillment deed in accordance with the provisions of Paragraph 8. (c) FAILURE OF SELLER TO MAKE PAYMENTS ON PRIOR ENCUMBRANCES. If Seller fails to make any payments on any prior encumbrance, Buyer may give written notice to Seller that unless Seller makes the delinquent payments within 15 days. Buyer will make the payments together with any late charge, additional interest, penalties, and costs assessed by the holder of the prior encumbrance. The 15-day period may be shortened to avoid the exercise of any remedy by the holder of the prior encumbrance. Buyer may deduct the amounts so paid plus a late charge of 5% of the amount so paid and any attorneys' fees ,and cost incurred by Buyer" in connection with the delinquency from payments next becoming due Seller on the purchase price. In the event Buyer makes such delinquent payments on three occasions, Buyer shall have the right to make all payments due thereafter direct to the holder of such prior encumbrance and deduct the then balance owing on such prior encumbrance from the then balance owing on the purchase price and reduce periodic payments on the balance due Seller by the payments called for in such prior encumbrance as such payments become due. 7 OTHER ENCUMBRANCES AGAINST THE PROPERTY The property is subject to encumbrances including the following listed tenancies, easements, restrictions and reservations in addition to the obligations assumed by Buyer and the obligations being paid by Seller' See addendum attached hereto and incorporated herein. ANY ADDITIONAL NON-MONETARY ENCUMBRANCES ARE INCLUDED IN ADDENDUM: 8. FULFILLMENT DEED. Upon payment of all amounts due Seller, Seller agrees to deliver 10 Buyer a Statutory Warranty Deed in fulfillment of this Contract. The covenants of warranty in said deed shall not apply to any encumbrances assumed by Buyer or to defects in title arising subsequent to the date of this Contract by, through or under persons other than the Seller herein. Any personal property included in the sale shall be included in the fulfillment deed. 9. LATE CHARGES. If any payment on the purchase price is not made within ten (10) days after the date it is due, Buyer agrees to pay a late charge equal to 5% of the amount of such payment. Such late payment charge shall be in addition to aU other remedies available to Seller and the ftJ'St amounts received from Buyer after such late charges are due shall be applied to the late charges. 10. NO ADVERSE EFFECT ON PRIOR ENCUMBRANCES. Seller warrants that entry into this Contract will not cause in any prior encumbrance (a) a breach, (b) accelerated payments, or (c) an increased interest rate; unless (a), (b) or (c) has been consented to by Buyer in writing. 11. POSSESSION. Buyer is entitled to possession of the property from and after the date of this Contract. -12. TAXES, ASSESSMENTS AND UTILITY LIENS. Buyer agrees to pay by the date due all taxes and assessments Form LPB NO. 44 (Rev 12-961 Pal/.e 2 of6 I t~!!~"lll1!!IIIII!~~~~l~lll!!~. ~~:OJ;~~5 TI--........ ~11 I I" U..t. "'to.... '1" UU Inurston l"O, WH p aJ~II~III~!~ 1~11111~!![lli~1111111111111 O'-N1I."U ~ I ~'\......, 1111""'\111001 ._... 114 88 3295813 Page 2 of 7 85/31/2888 83 34F Tl'U'ston Co, IJA becoming a lien against the property after the date of this Contract Buyer may in good faith contest any such taxes or assessments so long as no forfeiture or sale of the property is threatened as the result of such contest. Buyer agrees to pay when due any utility charges which may become liens superior to Seller's interest under this Contract If real estate taxes and penalties are assessed against the property subsequent to date of this Contract because of a change in use prior to the date of this Contract for Open Space, Farm, Agricultural or Timber classifications approved by the County or because of a Senior Citizen's Declaration to Defer Property TalIes filed prior to the date of this Contract, Buyer may demand in writing payment of such talles and penalties within 30 days. If payment is not made, Buyer may pay and deduct the amount thereof plus 5% penalty from the payments next becoming due Seller under the Contract. 13. INSURANCE. Buyer agrees to keep all buildings now or hereafter erected on the property described herein continuously insured under fire and extended coverage policies in an amount not less than the balances owed on obligations assumed by Buyer plus the balance due Seller, or full insurable value, whichever is lower. All policies shall be held by the Seller and be in such companies as the Seller may approve and have loss payable first 10 any holders of underlying encumbrances, then to Seller as their interests may appear and then to Buyer Buyer may within 30 days after loss negotiate a contract 10 substantially restore the premises to their conditions before the loss. If the insurance proceeds are sufficient to pay the contract price for resloration or if the Buyer deposits in escrow any deficiency with instrUctions to apply the funds on the restoration contract, the property shall be restored unless the underlying encumbrances provide otherwise. Otherwise the amount collected under any insurance policy shall be applied upon any amounts due hereunder in such order as the Seller shall determine. In the event of forfeiture, all rights of Buyer in insurance policies then in force shall pass to Seller 14. NONPAYMENT OF TAXES, INSURANCE AND UTILITIES CONSTITUTING LIENS. If Buyer fails to pay taxes or assessments, insurance premiums or utility charges constituting liens prior to Seller's interest under this Contract, Seller may pay such items and Buyer shall forthwith pay Seller the amount thereof plus a late charge of 5% of the amount thereof plus any costs and attomey's fees incurred in connection with making such payment IS. CONDITION OF PROPERTY Buyer accepts the property in its present condition and acknowledges that Seller, his agents and subagents have made no representation or warranty conceming the physical condition of the property or the uses to which it may be put other than as set forth herein. Buyer agrees to maintain the property in such condition as complies with all applicable laws. 16. RISK OF LOSS. Buyer shall bear the risk of loss for destruction or condemnation of the property Any such loss shall not relieve Buyer from any of Buyer's obligations pursuant to this Contract. 17. WASTE. Buyer shall keep the property in good repair and shall not commit or suffer waste or willful damage to or destrUction of the property Buyer shall not remove commercial timber without the written consent of Seller. 18. AGRICULTURAL USE. If this property is to be used principally for agricultural purposes, Buyer agrees to conduct farm and livestock operations in accordance with good husbandry practices. In the event a forfeiture action is instituted, Buyer consents to Seller's entJy on the premises to take any reasonable action to conserve soil, crops, trees and livestock. 19. CONDEMNATION, Seller and Buyer may each appear as owners of an interest in the property in any action conceming condemnation of any part of the property Buyer may within 30 days after condemnation and removal of improvements, negotiate a contract 10 substantially restore the premises to their condition before the removal. If the condemnation proceeds are sufficient to pay the contract price for restoration or if the Buyer deposits in escrow any deficiency with instructions to apply the funds on the resloration contract, the property shall be restored unless underlying encumbrances provide otherwise. Otherwise, proceeds of the award shall be applied in payment of the balance due on the purchase price, as Seller may direct 20. DEFAULT If the Buyer fails to observe or perform any term, covenant or condition of this Contract, Seller may. (a) Suit for Installments. Sue for any delinquent periodic payment; or (b) Specific Performance. Sue for specific perfonnance of any of Buyer's obligations pmsuant to this Contract; or (c) Forfeit Buyer's Interest. Forfeit this Contract pursuant to Ch.61.30,RCW, as it is presently enacted and may hereafter be amended. The effect of such forfeiture includes: (i) all right, title and interest in the property of the Buyer and all persons claiming through the Buyer shall be tenninated; (ii) the Buyer's rights under the Contract shall be cancelled; (iii) all swns previously paid under the Contract shall belong to and be retained by the Seller or other person to whom paid and entitled thereto; (iv) all improvements made to and unharvested crops on the property shall belong to the Seller; and (v) Buyer shall be required 10 surrender possession of the property, improvements, and unharvested crops to the Seller 10 days after the forfeiture. (d) Acceleration of Balance Due. Give Buyer written notice demanding payment of said delinquencies and payment of a late charge of 5% of the amount of such delinquent payments and payment of Seller's reasonable attomey's fees and costs incUITed for services in preparing and sending such Notice and stating that if payment pursuant to said Form LPB NO. 44 IRev.t2-96) P~e 3 of6 "J~t~.!, n 11!~~!1~!~!. ~~::~;5 J!~ql ~J~ I'!!~~~~~ I Tn&JR:UUl LUUllt I ,& . "-to "'""" ...,.,. \IV ._ ..,,,,,It '^", ... .- 3295813 Page 3 ot 7 85/31/2688 8N4F Thurston Co, Wl Notice is not received within thirty (30) days after the date said Notice is either deposited in the mail addressed to the Buyer or personally delivered to the Buyer, the entire balance owing, including interest, will become immedialely due and payable. Seller may thereupon institute suit for payment of such balance, interest, late charge and reasonable anorney's fees and costs. (e) Judicial Foreclosure. Sue to foreclose this contract as a mortgage, in which event Buyer may be liable for a deficiency 21. RECEIVER If Seller has instituted any proceedings specified in Paragraph 20 and Buyer is receiving rental or other income from the property, Buyer agrees that the appoinlment of a receiver for the property is necesS3/)' to protect Seller's interest. 22. BUYER'S REMEDY FOR SELLER'S DEFAULT If Seller fails 10 observe or perfonn any tenn, covenant or condition of this Contract, Buyer may after 30 days' written notice to Seller. institute suit for damages or specific perfonnance unless the breaches designated in said notice are cured. 23. NON- WAIVER Failure of either party to insist upon strict perfonnance of the other party's obligations hereunder shall not be construed as a waiver of strict perfonnance thereafter of all of the other party's obligations hereunder and shall not prejudice any remedies as provided herein. 24. A TIORNEYS' FEES AND COSTS. In the event of any breach of this Contract, the party responsible for the breach agrees to pay reasonable attorneys' fees and costs, including costs of service of notices and tille searches, incurred by the other party The prevailing party in any suit instituted arising out of this Contract and in any forfeiture proceedings arising out of this Contract shall be entitled to receive reasonable attorney's fees and costs incurred in such suit or proceedings. 25. NOTICE. Notices shall be either personally served or shall be. sent certified mail, return receipt requested and by regular first class mail to Buyer at pn ~~ 1071, ~JrTtJNVIL.l.t;:/ WA '7$:J.2{f . and to Seller at P.O. Box 251, Yebn, Washington 98597 or such other addresses as either party may specify in writing to the other party Notices shall be deemed given when served or mailed. Notice to Seller shall also be sent to any institution receiving payments on the Contract 26. TIME FOR PERFORMANCE. Time is of the essence in perfonnance of any obligations pursuant to this Contract 27. SUCCESSORS AND ASSIGNS. Subject to any restrictions against assignment, the provisions of this Contract shall be binding on the heirs, successors and assigns of the Seller and the Buyer. 28. OPTIONAL PROVISION. - SUBSTITUTION AND SECURITY ON PERSONAL PROPERTY Buyer may substitute for any personal property specified in paragraph 3 herein other personal property of like nature which Buyer owns free and clear of any encumbrances. Buyer hereby grants Seller a security interest in all personal property specified in Paragraph 3 and future substitutions for such property and agrees to execute a financing statement under the Unifonn Commercial Code reflecting such security interest. SELLER INITIALS: BUYER Not included 29. OPTIONAL PROVISION - - ALTERATIONS. Buyer shall not make any substantial alteration to the improvements on the property without the prior written consent of Seller, which consent will not be unreasonably withheld. SELLER INITIALS. BUYER Not included 30, OPTIONAL PROVISION - - DUE ON SALE. If Buyer, without written consent of Seller, (a) conveys. (b) sells, (c) leases, (d) assigns, (e) contracts 10 convey, sell, lease or assign, (f) grants an option to buy the property, (g) pennits a forfeiture or foreclosure or trustee or sheriff's sale of any of the Buyer's interest in the property or this Contract, Seller may at any time thereafter either raise the interest rate on the balance of the purchase price or declare the entire balance of the purchase price due and payable. If one or more of the entities comprising the Buyer is a corporation, any transfer Form LPB NO. 44 (Rev.12.961 P~e40f6 111111111111 ~llllllllllllllllllllllllllllllm I1I1IIII Order: MK Description. .-.-...... __I '61"'''' I'Ll", ,fJ" 001 !~~~~:; p a~!1111 !III~~ 11~1111I~~l!~~I!I~11111I1111 "".~"'n 1.0. wn RF"T1llAAO L PERES ATTllRliEY I<ll. .14 as 3295813 Page 4 of 7 as/3lnaSa 93:34F Thurston Co. IlIl or successive transfers in the nature of items (a) through (g) above of 49% or more of the outstanding capital stock shall enable Seller to take the above action. A lease of less than 3 years (including options for renewals), a transfer to a spouse or child of Buyer, a transfer incident to a marriage dissolution or condemnation. and a transfer by inheritance will not enable Seller to take any action pursuant to this Paragraph; provided the transferee other than a condemnor agrees in writing that the provisions of this paragraph apply to any subsequent transaction involving the property entered into by the transferee. SELL~ 4()!::/ ~ --- /?~C -UU.. S C- MSC INITIALS: BUYER {JA-e ~ 31. OPTIONAL PROVISION - - PRE-PAYMENT PENALTIES ON PRIOR ENCUMBRANCES. If Buyer elects to make payments in el(cess of the minimum required payments on the pun:hase price herein, and Seller, because of such prepayments, incurs prepayment penalties on prior encumbrances, Buyer agrees to forthwith pay Seller the amount of such penalties in addition to payments on the purchase price. SELLER INITIALS. BUYER Not included 32. OPTIONAL PROVISION - - PERIODIC PAYMENTS ON TAXES AND INSURANCE. In addition to the periodic payments on the purchase price, Buyer agrees to pay Seller such portion of the real estate tal(es and assessments and fire insurance premium as will approximately total the amount due during the current year based on Seller's reasonable estimate. The payments during the current year shall be $ per Such "reserve" payments from Buyer shall not accrue interest. Seller shall pay when due all real estate taxes and insurance premiums, if any, and debit the amounts so paid to the reserve; account. Buyer and Seller shall adjust the reserve account in April of each year to reflect excess or deficit balances and changed costs: Buyer agrees to bring the reserve account balance to a minimum of $1 0.00 at the time of adjustment. SELLER INITIALS. BUYER Not included 33. ADDENDA. Any addenda attached hereto are a part of this Contract. 34. ENTIRE AGREEMENT This Contract constitutes the entire agreement of the parties and supersedes all prior agreements and understandings, written or oral. This Contract may be amended only in writing executed by Seller and Buyer. IN WITNESS WHEREOF the parties have signed and sealed this Contract the day and year first above written. SELLER BUYER ) ~ ~,- / 4~~"" ",( /~ / . ~~-<) .William R. Cowles <Q~ Douglas A. Randles fl _ 4J>J!J( rL i!{lrdiu).- Kern L. Randles Form LPB NO. 44 (Rev.12-96l ~eS nf6 1111111111111111111111111111111111111111111111111111111 ~~~~::~^ { _ 111I~11111I1111111111111111111111111I11111111I111I1111 nOrder. MK Description. 3300585 Page 5 or 7 Comment. 400 3295813 Page' 5 of { 65/31/2666 63: 34F Thurston Co, WI STATE OF W ASHlNGTON COUNTY OF THURSTON ) ) ss. ) On this day personally appeared before me WILLIAM R. COWLES and MARGO S. COWLES to me known to be the individuals described in and who executed the within and foregoing instrument and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. Given under my hand and official seal this ......~O"l\\\"~ _--.....~ ...,...",.:, JJ. - ~_., , . c...;;: {ifY"~' ~ (\ Pi. )~ ~I~""'~; < f..~~' 'I~ a.... te" 'f: ., . It"".. STATE OF W ASHlNGTON COUNTY OF THURSTON '3/~ day of 2000. ~;. ~ .' ~/A J. ~ ~ - Notary Public in and for the ~ of Washington, residing at ~ ~ My commission expires ,,;. -.I ~/- t'I , ) ) ss. ) On this day personally appeared before me DOUGLAS A. RANDLES and KERR! L. RANDLES to me known to be the individuals described in and who el(ccuted the within and foregoing instrument and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. Given under my hand and official seal this 3/.;;t-. day of. 1'1 t:z....<.L-- 2000 0-' . 1?::~~,,~J~J . Notary Public in and for the Slate ofWashinglon, residing.t'- ~ My commission expires ~ - I if - 0 I .....',,',\\\ ..... D L 'II ..:-..::;..~~......;. 'o~", :^-.....~~"=' ".~",.<''-^'~ - C;;r-QT . .'. \- '<<' ~ #CQ ~("- -,. }~\ ~ II ~ - if! I! p. .:: "I.~" L :..,...- "', .# ;s-,., I, "A.'.,f. ;,;/;;>; . -~. .... I.} - 't OJ: . .::- Ie,. ." ",,,'\.'\..... Fonn LPB NO. 44 (Rev.t2.9Bl PaRe 6 of6 l!!~~I!~~JJ!!I!]!J!~l: ~:;~1~5- pa!~~~I~~~~~~~!!!!!!.~' 3295813 Pagt= 6 of 7 65/31/2669 63: 34P Thurston Co. WI ADDENDUM TO REAL ESTATE CONTRACT Re: Cowles/Randles 7 OTHER ENCUMBRANCES AGAINST THE PROPERTY: a) Exceptions and reservations contained in Deed from the State of Washington, whereby the grantor excepts and reserves all oils, gases, coal, ores, minerals, fossils, etc., and the right of entry for opening, and developing and working mines, etc., provided that no rights shall be exercised until provision has been made for full payment of all damages sustained by reason of such entry; and upon paying reasonable compensation, to acquire rights of way for private railroads, sand or gravel, logging and/or lumbering railroads, skid roads, flumes, canals, water courses, or other easements for transporting and moving timber, stone, minerals or other products from other lands, contained in deed from the State of Washington, recorded under File No. 584567, b) Any question or dispute about fencelines, or about ownership of the land lying between the fence and the legal boundary, the location of which is shown on survey recorded September 28, 1984, under File No. 8409280006. Affects West boundary; and c) Mitigation Agreement recorded August 21, 1999, under File No. 3250357 33, ADDENDA: a) Deed Releases. Seller shall execute and deliver to Buyer a partial fulfillment deed or deeds for lots of Buyer's choice within the subject property upon the payment of a $10,000.00 principal reduction amount, provided that Buyer is not then in default under this Real Estate Contract, and that all remaining property must constitute legal parcels, must be buildable and must have legal access. Such payment shall be in addition 10 the monthly installments and other payments specified in this Contract and shall be applied in reduction of principal thereunder Buyer shall bear all costs in connection with any release(s). SELLER ') BUYER "' ;:/ .# ~ A~ S- ~-<~..---~~! -3/--<JV Dale v:]/ ~uglas A. Randles Dale (-CO '/"JUu ~ 5-3/-00 -f-tm L. Randles Date II~]!~!~I! 11!J11111~!~~~~!I~~!l !a~;:~~~~5 pl!~ 11~11~]llltlllll ~~!~~I!III~ III/ TW._....... '.........'1 "I"'L I'\L'" -Fa,", lJIUI liNt ~"Ufl "'VI "" .,..,~...."" ~ I.....'~.., 'II I UN1't. I ~'" _.., S8 3295813 Page 7 of 7 85/31/2898 83 34F Thurston Co, IIA -" After Recording Mail to Bryce H. Dille CAMPBELL, DILLE & BARNETT 317 S Mendlan PO Box488 Puyallup, WA 98371 RP.31 ESTate Ex . ReIse tax P'd . eceipt no _z.xll~~ a, - n('}~~ Robin L. Hunt. Th r o~Dare_ -. fILii/CO By _ E!. ~ Co.. Treas "-/I . ~ -Deputy QUIT CLAIM DEED THE GRANTORS, DOUG A RANDLES and KERR! L. RANDLES, husband and wife, for and in consIderatlOn of establishing a Family Luruted PartnershIp convey and quit claim to the RANDLES FAMILY LLC, a Washington Liffilted Partnership, the followmg described real estate, situated in the County of Thurston, State ofWashmgton, mcluding any (\'") en co interest therem which Grantors may hereafter acqUire: That portIon of the Northeast quarter of the Southwest quarter of Section 18, TownshIp 17 North, Range 2 East, W M., described as follows. CD ~ o o co Begmning at the Southeast corner of said Northeast quarter of the Southwest quarter, thence North 471 feet to the Southerly boundary of county road known as Crystal Springs Road; thence Westerly along said Southerly boundary 683 feet; thence South 545 feet, more or less, to a point on the South line of said Northeast quarter of the Southwest quarter 525 feet West of the pomt of begtnning; thence East along said South line 525 feet to the point ofbeginnmg. EXCEPTING THEREFROM the East 20 feet and the South 20 feet for roads. 1P~ 2 Q -, I 3'31 C:> 6 DATEDthisLdayof ALO~2000 <'Q~LES Co:) ::::r ~ QUIt Claim Deed I:\DA T A\D\BHD\M\Rand1es\Quit Claim Deed.072S00 Page 1 111111 1111111111111111 CAMPBELL DILLE t BARNETT 0 $S SS 3308703 P"ge 1 of 2 S8/18/2S8S S8 36A Thurst on Co, \.IA Order: MK Description. 3308703 Page 1 of 3 Comment. . . STATE OF WASHINGTON ) ) ss COUNTY OF PIERCE ) On this day personally appeared before me DOUG A. RANDLES and KERR! L, RANDLES, husband and wife, to me known to be the individuals described in and who executed the Wlthm and foregoing instrument, and acknowledged that they sIgned the same as theIr free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and offi '3.1. seal, this ~ day of {..!}+ 2000 l I ",,,,'\"''': --"," "",~ I I :'JII" I, ," " '/ ~'I ~ ~ .. ~ t! ......',;. , $' ~ .-'t. ';'''' '..r,o... ~ "0. ~... .. . ,If J' r:y -:;.. , _ . ......,. I '''. - : : t.. \... CJ) ~ : - . - ;. (J) -.. PL. C Li:~ ".: ~: ..:.;.\ . 1, " '&-,0.. , . " . f\:j""." -;"1A..fy ~., '2:.' ~ ',~-~.. .. ~~..... ~ " ',0,,, c.Llt.\;" 'I, r \!,.ii"\v~\\' """11"'" Printed Name. /it,' NOTARY PUB IC in ~ for the S~te of Wasbmgton residing at ~"~ <Z> My comnussion expires. ~'\ ~ ~ l Quit Claim Deed 1:\DAT A\D\BHD\M\Randles\Quit Claim Deed072800 Page 2 II n 1111111111111111 $::~~~ 002 ~ CAMPBELL DILLE. BARNETT D $S SS Thurston Co, ~ -Order: MK Description. 3308703 Page 2 of 3 Comment. 9 jltl~! H~ ,!~ w ~~ !~'" Cl <( \.~ l\::! Q. ~tlH~ 9 ~ ml'~ ~ti~h tl ~!>F~~ w '- ~~~ :!: ~ ~%ll II" => ~ ii"L~~ .J I" ~~~ 0 > .-.\ I:t- ~ ILl d l>... ~ W ~ 7J1l ~ 8 ~ ~ ~ ~ ~ ~ 0::: f2 ~ W e 55 <'l- 3 i' J l.~~~~ ". 1 ~i~{& ~ )HH i. ~r"i'~'r'1 ~."..~-;. \ .. '" '" ..il ... ~ {~ H "l n't;...n:: * ~ \. ~ C ~ II: ~ ~\h~ ~1C...J~..1 ~ d~~"~ !L~I'~f;\' L!, ~~ I ~. \ ~ ~Ni~ ~~ II'/~ ~;~~~ ~ ,\!~j:~ I ' j\~' \ . f ,,~<\IC.\- 11, /' ~_!' I ~ 1 4: ~ ~~ In/J: u ~~ I.g ~ ~ ~ ~1~ !i~~' ! ~~ \\ff' If I~~ t~~ \,~~~~ 'I~.i ....~ .\l.....~ ~ ~ ,~~..- I ~ ""'_....." -...~.""". ~..H~ I' ~~J .......,""~~t".:..:;;:"'_~ _ ",,,,,,<<.1-'1 \ 1/-:- -"...,..,~ ---.::: I I P",u ""..., , <!""V"A4f'1.Jl'N III : & ~ ,'" ~ i I I H ~ : ~' : 11~' I t t ~ ~ ~ ~~ ~ I t ~ Hill ~\ i i oia 11 (' I~ I b~ ... '" ~\\'. ,j \. No fll6.li 1"21 lon" ~ f'\J~-- _;:~:.J."- ~s:J. ~ lIt (I \!!r~~~~-~':~ :.g., ~" tj JP~ : ~~ . '" l;n-~ lii : l\:\ ~ \ ~hi 11~1 ~il l' \ I:~ i~~ '\ ~ I -~ \I_~ "-._____ ~' --- :=.=si _.~ _ "....... ~;:;;;:i.~~ ~_~_ '-~.r.'''' :::."_'-______~'. __-"- II ~ ~ :i i,~ ~.' ~ 'lI · ~ ) ~ ~ ~ ~ t.. ~ ~ Jj~ A : i ~~~ \;)~ H~ ~\~ ,.,,, "'''-" ':i~~~ ,iL\ ..,,,~.. ,00027:b<; h B)f J.-1' . J.LJ ':)J ' ~i 10r ~ ~l ~ ~ ~t~~ ~ -~ ~ l\t~~ ~ ~~ ~ d~~ I \., ~~~{ 'L~~. ~li~~-' \Il~ g i t U1.h b ~~ ~ ~ ~r~~~ ,~ ~\ t ~ ~i&~~ ~~ !~ ~ ? ~ ~~~ ' ~~ ~ ~ 'i!i 1);10 ...i '\ ~ (@\ft ~\ ~ilc- ~~:!~ ~ ~ II. ~~"""< ~ ~ ~~ ~ ~ U ~\. C \l .' \ .-, 1(\ ..~" ~ ~ ~~ -% D.~ " ~'\; ~ ~ ~ ~~ OC i~'~ .. l i~ ~J ~ ....1~~ ~"'2~ ... :: .. Ii! ~ ... l: CJ ~ z ill' .. '" ~ "i !::::- ~ .::t '"'-~ ~~'" \l1 :z ORIGINAL Filed for Record at Request of: Thurston County 2000 Lakeridge Drive SW Olympia, W A 98502 Real Estale Excise tax plIid ~ Receipt no. ~,y070l.bale 7 -I HiD Robin YJ~I. T!'urston Co., Trella. By -r ~ - Deputy CORRECTION DEED QUIT CLAIM DEED Gramor(s) Grantee Legal Description. Tax Parcel Number ,-, - ,.... = CD .,.. <:) <:) This deed is to correct that certain deed filed under Auditor's File Number 524099, Volume 276 of -J Deeds, Pages 492, 493 and 494, records of the Thurston County Auditor, Olympia, Washington. .~; The COUN1Y orTIlURSTON William It. Cowles and Margo S. Cowles Ponion of the NE 1/. of the SW 1.4 of S18, T17N, R2 E, W.M. Portion of 22718310300 KNOW ALL MEN BY THESE PRESENTS, That the Grantor(s). The COUNTY o/THURSTON, a political subdivision of the SUzte of Washington. for and in consideration of Mutual Benefits a Correction Deed. does hereby convey and Quit Claim to the Grantee(s) William R. Cowles and Margo S. Cowles, husband and wi/I!, the following described real estate, situated in the County of Thurston, State of Washington, together with all after acquired title of the Grantor(s) therein. That portion of the Northeast quarter of the Southwest quarter of Section 18, Township 17 North, Range 2 East, W.M., Thurston County, Washington, described as follows: Beginning at th~ Southeast corner of said Northeast quarter of the South~llt'quarter; thence Northerly 471 feet, along the North-South centerline of said S~tion, to the Southerly boundary of county road known as Canal Road (fonnerly known. as Crysial Springs Road); thence Westerly along said Southerly boundary 683 feet to the'E~t, property line of Thurston County's Assessor parcel number 22718310200; t)lencC". S05"29'38"E, 536.52 feet along said East property line extended to a point oiHhe South 1ine of said Northeast quarter of the Southwest quarter; thence Easterly along said South line 576.67 feet to the point of beginning. Excepting therefrom the East 20 feet and the South 20 feet for roads, in Thurston County Washington. -r!t - Dated this lJL. day of .J f..,7L. Y .2000 or of Central Service - Jim Wilcox I ing on behalf of the Board of County Commissioners 11111111111111111 ~IIIIIIII /11/11111111 /1/1111111111111 OORST~ COlJfTY COORAl S 0 ~ 00 3302515 Pag' I of 2 81111/2888 82 27P Thurston Co. WA STATE of tJ.)1.rivW;-kn COUNTY of --;7J IJ t'r../-vn On this /(J'" day of (I.~ . 20.t)('L persOTUlUy appearuI before me JIM WILCOX, to me /owwn to be the Director of CenJJTll Services, signing on behalf of the Board of County Commissioners, the governing body of the political subdivision of the State of Washington, that appears as Grantor in the foregoing instrument. and acknowledged the same instnunent to be free and volwtJary act and deed of said political subdivision, for the uses and purposes therein mentioned, and on oath stated that they are autJwrized to execute the said ins~nl and that the seal affixed is the official seal of said county. IN WITNESS WHEREOF, I have hereunto set my hand and affi:ud my official seal the day and year in this certificate first above written. ~ ~ir:J'~ tJ. ~ Printed Nolary Name NOTARY PUBUC in and for the State of --' residing at -rh eN.s f.rn.., ~ tJ"'I-I-, . My Appointment Expires II!dq ~O? I .. . .:, ... mr.&"p.cIoc .",""'''''"~'.:','I''"",,, .~ ......' ,\1\<<; I... :If) ~"',..., J" l .)_. ......~G?" ... <' ~- ........,...".'" ..,;,)a ::.~ "\lr')d '. - , ,. .:. ~ ~,J ..." .. ': '1,-= . ~ .~.. - ,..:,a;,,=J ".. ~ ,i, :. .', ".''Jlr.'\'''' = ~.. a ~",:.,I' :- .' .... <. '-'" ~, ~ J, "j "i)" .1'>..' ~ .,....... ~, . '-,,\7... .<i'.') a \'\~...., .,;".11,........,.... ..A.. IIIII~ 11111 ~~ II~I~ 1111111111111111111111111111111 TlfJRSTlIl Cll.ttTY CEHTRAL S D 19 118 3302515 Pag' 2 of 2 87/11/2668 82:27P Thurs\on Co, ~