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Home My WebLink About200812050120 , I - After recording retum to: City of Bremerton 345 6th St Suite-600 �pWY�R$ TITLE iNS CORP 200812050120 Bremerton, WA 98337-1873 4ead Rec Fea: E 44 00 Pa � o F 3 12I05/2008 D2�30 PM , Walter Washxnaton, IC3tsap Co Ruditor �u��1��i�� ;��_. , , � '�-�_� \ _�_ �~\ ' Reference: 20349410- -1�1- -KAB �� --�\ �� ; �'� , �� STATUTORY WARRANTY DEED ;�� , �`�� `'r �� ,� , THE GRANTOR(S) KK Slater Enterprises, a 6eneral partnership, �� ^��\�\`\�� ,. �� for and in consideretEon of Ten ($10.00) Doltars and other good a d�iatuabfe uQn�ideration � � \�� / % �� in hand paid, conveys and warrants to City of Bren�et,ton, a Wash�g municipal oorporation f r � << } � \ ,�\ �I � � ; the following described real estate, situated in the Couilq� of'Kfts�p,�tate of Washington: See Exhibit A attached hereto and made a part hereof: � � \ � � � Subject to: Those items specifically set�o� \ x! 'a� "R" attached hereto. Abbreviated Legal: (Required if full leg�1 riot i" �rfe41 ab�qve.) P�RTION OF THE NORTHWEST QU� THE SOUTH T QUA�T'�R �SE�bN 33, TOWNSHIP 24 NORTH, RANGE E � �� \� � /` � ��;; Tax Parcel Number(s}: 332401-4-0 0 ,, Dated: November 2� 2 ��" '�' SELLER: / *I'f�HP CO�7Y�T�RSURER EXCISE t2�e612009 �2808D(0�¢2 1 i ` "'C..1 ��O.N Cle�k's Initial � .� - --- < KK ter Enterpri , era rt hip . St t of Wasl�� „� SS: County of � Qn this •.d o � �_, before me the undersigned, a Notary Public i�" n r t�he tate of Washinqton, duly appointed and sworn personally appeared • to me kn�wn to be the �� of E' �ar the partnership that ex ut tMe foreqoit�g 'nstrument, and acknowledged t e said instrument to be the free and volunta a��t and dee f said partnership, for the uses and purposes therein mentioned, and on oath stat�d�tkiat authorized to execute said instrument on behalf of said partnership,�and-en�o h further stated that said partnership was authorized to execute the in�rume�n ' wledged it the partner of � � to be the� free �ol�tary act of such rty for the uses and purposes menti '�'�trument. , �Give er mjrfian and o ial seal the day and year last above wri � �� f� ��i,� i \\�'� � tary Pablic in a the S�tate of t 2��' ' �i esi ng at y - • � ' MjrP�ointment ex res. �i ii � $ ,e =� = "� � `��\ Staxu ry warranty Deed . � y �� r7-11 I � \ � � ww�eN�P�'U5 (1/06) \ \�,! lAWYERS TITLE INSURANCE CORPORATI'� �W� 1): 200812050120 12/OS/2008 02:30:30 PM Page 2 of 3 . EXEiIBIT • 'A" � �``-'-�`. 1,`_ _.. PARCEL A: � /�� , /�� . \) ; 1 A PARCEL pf LA(yD SITt�ATE IN THE NORTIiWEST QUqRTER pF TNE gpUTFl�q� ' qRTER pF.SLCTION 33, 'fOWM11S1iIP Z4 NORTH� RANGE ! EAST pF THE WILLAMEt'fE MERIDIAN, COUN�O , S�iq� OF WASHINGTON; \ �' / COMM�IQtdG AT TIiE NORTHFAS'T CORNER aF THE SOUTF4EAST U ^� \ r= R a�'r� aF �u,�c-c�!N �:.TM�ce ALOWG THE NORTH LINE OF SAID SOtlTHEAST QUART�, Np[� gg�16�i3,''WESl;,�34p.42 F'��;; niENCE SOUTH 00°35'37" EAST 64.68 F�T TO THE SOEITH RIp�fF OF WAY LIN �O� ANDERS01�1 ROAD SW (STATE HIGHWAY 16) AND THE POIM' OF BEGiNMING; T}IEN(� CpMRI�i U�+IG SOUTH 35'37° EAST 50.00 FEET; 17iENCE S�liTH 89°24'23° WRT 75.00 FEEf; THENCE NORTH 00°3�'3�° WESL��FEET TO 7'I�iE . SOUTH RIGHT OF WAY OF SAFD ANDERSptd HILL ROAD SW;-�IiEN� $/�' pJ� HILL ROAD SYV, PI(?RTN 89°24'Z3" EAST 75.00 FCt�' TO THE PdA�lf OF B�6INWING�� P/tRCEL B: • � � \ ��EMEM FOR A�CESS AMR UTILITIES OVER A PAR � 1 �EL\OF LAND STI'U TFlE NORTHWES? QUART'ER OF THE SOUTHEAST QUARTER OF �CT�Op133,�jp�HIP 24 , RANGE 1 EAST OF THE WILLAM�{E MERIDIAN, OOUN7Y OF KITSqP, STATE OF W�� / COMMENCING AT TfiE NORTHEAST COEUIqt pp THE gpUTyEq,� �q�� OF SAIO SECTION 33; THENCE ALONG THE NORTH I.INE OF SAID SOUTN �1qR�, p�p� g�1633" WES7, 2340.42 FfET; THENCE SOUTH 00°35'37" EASC 64.68 FEE7 TO THE S�CI�Fi'R�GHT OP WAY LINE � ANDERSON MLL R4AO 5W (STATE HIGHWAY 16} AND THE PQINT OF BEGINiV�G: HiC� CONTLNt1IpIG r,,pt1T}I ppo35'37' EAST 20.00 FEET; THENCE NORTN 89°24'23° EAST 26.76 FEET; 62°59'07" EAST 44.95 FEET;I�CE �� 89°2423" WEST 67.41 FEE� TO THE ./� ' �; ' \ _ � - SItt1ATE IN 7NE COUNTY OF lQTSqp, y�A W W _ � � �,' �� o �� , i � ��--� ' • , , �-.- �7 � l� � . t� � , ' ? � �i � i i�� ./ � �� ,,., � � i; , ( ,�" . � , � � �� /� �� I � ,��_� �/ . r ,� \��—�' �� {,, " � ��.\�\� � �'�� , , � .� �, �,, � . � `� ~�� ---' � / . � �; � �---- ---- --------- � , 200812050120 12/05/2008 02:30:30 PM Page 3 of 3 SU]BECT TO: EASEMENT AND THE TERMS AND CONDITIONS THEREOF: I PURPOSE: RODE AND PIPELINE ' AREA AFFECTED; A PORTION OF SAID PREMISES ' RKORDING NO. 27558 (VOLUME 33, PAGE 713) AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: `�'� ; RECORDED: ]ULY 18, l902 RECORDING NO.: 27558 (VOLUME 33, PAGE 713) REGARDING: RIGHT-OF-WAY ; ``---_;•� � •., . � RELINQUISHMENT OF ALL EASEMENTS EXISTING, FU7URE OR POTENj��OR ACCESS;,��, LIGHT, VIEW AND AIR, AND ALL RIGHTS OF INGRESS, EGRESS ANI�'REGRF�S�S•TO, FROM� '' ' AND BETWEEPI THE LAND AfVD THE HIGHWAY OR HIGHWAYS TO B� �ONSTRt�G`�'�ED (JN �,, � LAND CONVEYED BY bEED. r� � i , TO: STATE OF WASHINGTOfV �\��_�-' ;' DATED: 7UNE 19, 1956 <' RECORDED: IUNE 26, 1956 �� ` RECORDING NOS.: 641952 AND 641953 r( \� �\ � �, � � ! EXCEPT, AS A PART OF CONSIDERATION OF TNIS NSACTT�Ot� THE.��tANTEE AGREES TO CONSTRUCT ON ITS RIGHT OF WAY A FRO�I'fA�QAD i4S�SHOW�1'ON SHEET 2 OF 2 SHEETS OF THE PLAN SHOWING ACCESS, PRtNb4RY STATE H�GH1f�iY NO. 14, BETHEL TO SINCLAIR INLET, APPROVED MAY 3, 1955,�5'�ABLISHED B�t� R�$OLUTION NO. 244, MAY 18, 1955, AND TO WHICH FRONTAGE ROA NLY, THE GRAIaTa,RS THEIR HEIRS AND ASSIGNS RESERVE A RIGHT OF REASONA6��ICCESS, AN AP�f�OACH TO SAID FRONTAGE ROAD TO BE MAINTAINED BETWEEN THE RI6iH1�pF WAY LII1�E �ND THE SHOULDER LINE OF SAID FRONTAGE ROAD BY GRANTQRS, TH� h1EI&�,. AND ASSIGNS. �_ EASEMENT AND THE TERMS AND CONDITIONS THEREOF: ,��. GRANTEE: CITY 0� �R�MERTON PURPOSE: PIPELINEYt�G1�OF WAY AREA AFFECTED: A PORTION O�Si4�PREMISES REC�RDED: 7UNE 2 , 88 � '� RECORDING NO.: 8806�2�\ �/ � NOTICE TO TITLE AND THE TE / AND CO �ONS THEREOF: �'"� � ! RECORDED: O AUG�T ��1�, 20 �5� RECORDING NO.: 20t�5081$0�/ REGARDING: (�FF`ANE�AND MONITORING REQUIREMENT �, EASEMENT AND TNE �AND C�D,aTIONS THEREOF: PURPOSE: � IN � , EGRESS, WATER PIPELINE AND APPURTENANCES AREA AFFE(�ED: ��\ A PO N OF SAID PREMISES RECORDI�O. �0�0 � 50087 . . SAID I �� NT� -RECORD OF AUDITOR'S FILE NO. 200509140356. /`•. \ � > , MA�TfRS 0 BY St1RVEY: REC�DECD; NOVEMBER 1, 2005 RECOF�D�G�NQ.: 20051101 a091 " DISCLdSES:� \ LOCATIONS OF EXSITING BUILDING, SIGN, GATES AND .,�� . DRIVEWAY � EMEN� UGET SQUND ENERGY AND THE TERMS AND CONDITIONS THEREOF � ' �• i .\��/ ,'��-� . ; ,--� r� � \�� `\ � !\ �� \ \ \� �� ., ., ,,.� � � \ � �.��. \ I \ `�� ,,�: � RETURNADdRESS: LAWYERS TLTLE INS CORP 200812050118 PugetSound Energy �CIC. Release Of Easemes'�t Rac Fee: S 42-� p 1 of 1 121416/2D08 02.30 PM , s'� � w�� II�IIIII�NiV��1111��111�I�Q�NN1�11f�Ul�li�i{� Bremerton, WA 98312 , �,, '�. ••. aa3 y�yio �XCIS� TI�X �XEiyP��c� �, ��::�,zoos Q RELEASE OF EASEMENT �---- _'"` � ��. REFERENCE #: 289018 �� '� GRANTOR: HULBURTIERICKSON �� \' ? 1 ,, �, <��- GRANTEE: PUGET SOUND POWER 8� LIGHT COMPANY �.., � �� SHORT LEGAL: PTN. NW�SE-33-24N-1E �� i� ASSESSOR'S PROPERTY TAX PARCEL: 332407�4-039-2005 �`�----' � �/---� \\`� KNOW ALL MEN. BY THESE PRESENTS that PUGET SOUND ENERGY,��I ., a Washiri�ton ctirpQration, is the owner of an easemer�t acquired from L.M. HULBURT AND ELEANOR �}. ULBURT, �nd and wife AND ALFRED ERICKSON AND BELLE ERICKSON, husband and wife, dat$d EPTEM�E 9, 1938, recorded in Volume 241 of Deeds, page 258, under Audifo�'s FiEe No. 2�8Qi8;�eco�d of'lE�Sl�P OUNT`f, o�er 11te real propeRy described therein as toltows: ��i- PART �F 1'HE NORTHWEST QUARTER OF THE O�THEAST �UA�tTC� OF SECTION 33, At � TOWNSH[P Z4 NORTH, RANGE 1 EAST, W.M., DES F�IBED AS FOLL0I�YS BEGINNiNG AT A POINT 690 FEET WEST OF TH SO�UTFiEAST COi�I�R OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOCY�H ST QUAR7'E OF SAID SECTION � 33; THENCE WEST TO THE WEST LINE OF SAID�10� QUARTER OF THE SOUTHEAST QUARTER; THENCE NORTH ALONG THE OF SAID NORTHWEST DUARTER OF TNE SOUTHEAST QU�ER TO THE SOUTHERLY [JNE OF STA7E ROAD MO. 14; THENCE EASTERLY ALONG S�11D'SQUTHERLY LINE TO A POINT DUE NORTH OF THE POINT O� BEGINNING; THENCE SO� \ NE POINT OF BEGINNING. � �� . \ Said Company does hereby abandon and relea alt rig acqulFed�(ander said easemeM: , � IN W{TNESS WHEREOF, said corpora6on ` cajls�d�this i trument to be executed this �, ST� day of Tu�1E , 2008. � / � 1 r-� �,/ r ,� (\ � ? �1 E7''SOI�ND ENERGY, INC. / � B .� � ( RONALD BO 1 STATE OF WASHIN '�f �}� � } s�� cou�mr oF �', n N� On this ." �> da�qf �� N fc. , 2008, before me, the undersigned, a Notary Public in and for the St�te(of i on�t�ufy �mmissioned and swom, personally appeared Ronald Bott, to me known to be the person q�io ' ed as �er Right of Way Servic� of Puget Sound Energy InC. the corporation that executed the withy+ , n�'fc�regang i � mant, and acknowledged said instrument to be hisft� free and voluntary act and deed and the`Kee�d ntary aCt and deed of PugBt SOUC1d Energy, InC. for the uses and purposes fherein mentioned; and � sta�� he was authorized to execute the said instructiori on behaif of said Puget Sound Energy, ln� ��p--�� IN V�fl'i�NESS WH OF I haVe hereunto set my hand and official seal the day a�d year first above written. � t � \�� t'��'� � � � t t � (Signature Notary) '"`� \+� �`• (Print or st�p ame of Notary�o 'C�TS /� ��,.`�� a,,'f,,� �i� NOTARY PUBLIC in ar�d for the State of Washingtan, ,� ` �� :,� �• � �,; i residing at � D Mo i.9 S ` \ �� = ° s - ° = � MY APPointment Expires: /i-1 � � 0 9 \�. ` \atarys�A ' ,t \ eM afl�.�np� must be i1L9ule 1' margas — \\ v� t• � A ZCJ 'O� (!�'4� � `f$L �� ..� �\ � ' �f 'f��+�, �- : J ��`� .• `,- � \ ,',tJ'+ 1 O !! k�� \\'� � / 1 ' �� " / i � j ' '�� Easement Release 1111998 � � RET�/RM ADDRESS L�Y�RS TiTLE iNS CORP 200822050119 PY et Sound Ene Easement Rec Fee g q3 _ gp 9 1'Q�l, �11G. 12/OS/2008 82:34i pp1 Pa9e 1 ot 2 Attn: ROW D@pa[tfllallt ��ter W�Shingion Kitsaq Co A�itor B«, rt�WA �,z II��NInIiI�N��IN��IUil1�11��III��III�IU1 �, ��.., ��-----_ �Q� 5��y�� EASEMENT � -`�-�- - ,----,, � � � xcosE rAx ��r��E�. �� 20� '�, REFERENCE #: �,� ` �'� '',, � ' GRANTOR: KK Slater EMe�prises � ; 1 GRANTEE: PUGET SOUND ENERGY, INC. \\ ��' ,�' SHORT LEGAL: NW�E�33-24N-01E �� ASSESSOR'S PROPER7Y TAX PARCEL: 33240'1-4-039-2005 �� %�-., ��., . . '. For and in consideration of One DoNar ($7.0(?) and the Granto� s abandonrr�t��nd can of its easement rights ( under Kitsap County Auditors File No. 289018, and other v�t�ble� con ' e��ic�t�nd paid. KK Stater i , Enterprises, a Washirigton paMership (`Grantor' hereinj,,�he9eby-�onveys a tits ro PUGET SOUND ENERGY� INC., a Washington Corporation ("Grantee" r h�ein), for the/Pc�rposes he�einafter set forth, a nonexGusive perpetua! easement over, under, along, a�ss( and through tli� fqUowing described reai property ("Property' herein) in Kitsap County, Washington: � �� \ \ � , Tw►T Poa� oF n+E +roRni � oF � a�rrn�s� au�tr�rt oF rHe SOUTMEAST QUARTER, SECTION 33, TOVIINSHIP 2��IORTH, R�(Gf 1 FAST, W.M.. IN 1(ITSAP COUMY, WASHINGTON, LVlNG SOUTH OF STATE R�AD NO. 14„ AS SAID ROAD WAS CONYEYED TO Tf1E STATE OF,1Wi1',�IiINGTON !N VOLUME 180 OF DEED3� PAGE 418 UNDER AUpITQR�S FtLE 1�. 20540$i€X�T THE EASTERLY �O FEET THERfOF AND EXCEPY THE SOUTH 350 FEET OF 111E�ESR100 FEET OF THE ABOVE-DESCRIBED TRACT; SUBJECT 70 AN EASEMENT TO PUGE7''SQU�rOWER /WD LIGHT UNDER KITSAP COUNTY AUDIT�'S FILE NO. 21�330�;� SU� TO /W EASEINENT TO PUGET 30UND POWER AND LIGHT UNDF�k ,,��TY AUDITOR�S FILE NO. 289018, AND SUBJECT TO AN EASEMENT TO CIT�f C�F B�EAA�tTON FOR PIPEIINE AMD RIGHT-OF- WAY AND SUBJECT T RELI T O,F RIGHT OF ACCESS TO THE STATE Of WASHlNGTON AS C�N� t�N�DO�� RECORDED UNDER KITSAP COUNTY AUDITOR'S FiLE NOS. 6419� � 641,�53�>EXCEPT THAT PORTION COr1VEYED TO THE STATE OF WASHWGTOp1 U \ ITOR'S FILE NO 3181813 RECORDS OF lC1fSAP CouNnr, was�ctoy�� 1i f� Except as may be oihetwise set rt�i herein G 's rights shall be exercised upon ihaE portion of the Property ("Easement Area' hereiry}.�escri as.follows: � An Easement Area 30�be�t,Pn��dih h vin�l5�t� such width on each side of a centerline described as follows: � � :\ �� B�C�IM�lI�T�E EAST GUARTER CORNER OF SECTION 33, TOYYIiSHIP 24 NORT{1,�AN(i�1 EAS7�1MiC�AA1ETTE MERIDUW, IW KITSAP COUNTY, WASHINGTON, F� , O , C _W CORNER OF SAID SECTION 33 BEARS S 1 W 2�s•� � \ N 88 W 1304.91 FEET ALOMG THE NOR7H LINE OF � 70 Il.�ONUMEAIT iN CASE; THENCE CONTlNUING Al.ONG SND NORTH UNE'W ° 6 " W TI5.43 FEET TO THE TRUE POINT OF BEGWNING, SAID POINT BEIyG.8�76 �T OF THE WEST UNE OF TIiE EASTERLY 690 FEET OP THE SAID NOF�Ai-F�I�OF 7HE NORTHWEST QUARTER OF THE SOtlTHEAST �IJARTER; THENCE S l�2Y39'46" � 1ZQ.56 PEE7; THENCE ON A CURVE TO TNf RIGHT, THE CENiER OF WHICH � B�ARS S 8 2�'14" W 526.25 FEET, THROUGH AN ANGLE OF 16 AN ARC �13�WCE 1,�0.86 FEE7; THENCE S 13 W 492 FEET MORE OR LESS 70 THE N�TI�L1NE�t3F THE SOtJTF1 HALF OF THE NORTHWEST QWIRTER pF THE 901JTHEAST i� �• � F SAIO SECTION 33 AND THE'�ERMINtfS. �i �� v� � DELINES OF SAID EASENENT ARE ALSO TO TERMINATE ON THE SAID NORTH �� UNE OF 7HE SOUTH HALF OF THE SpU1'H HALF OF TNE NORiHNfEST QItARTER OF THE �\� \�OUTHEASTGUARTfR. �� , Pufpose. Grantee shall have the dght to use the Easement Area to consUud, operate, maintain, repair, r�epTaFe, �mprove, remove, and enlarge one or more underground utiGty syscems for purposes of transmission, � distnbqtiio� and sale of electric�y. Such systems may incl+�e, but are not Gmited to: �� OHiU6` E1�ectnc Easenlerlt 10I2003 \ �-�u�roKqp __�� ' 200812050119 12/45/2008 02:30:30 PM Page 2 of 2 . a. Underground facilibies. Conduits, lines, cables, vaults, switches a�d transformers for � e�ectricity; fiber optic cable and other lines, cables a�d facilities for communications; semi-buned or ground-mounted facilities and pads, manholes, meters, fixtures, attachments and any and all other facilities or appurtenanoes necessary or convenient to any or all of the forego�ng. Granto� acknowledges that underground facilfties inGudes both above ground as weU as underground facil�iies or appurtenances necessary for U�e operation of Grantee's underground utility sys[em. Follow�ng the initial construction of alt or a poRion of its systems, Grantee may, from time to time, construct such additiona! underground facilities as it may r�quire for such systems. Grantee shaU have the right of access to the Easement Mea over and acxoss the Property to enable Grantee to exercise its rights hereundev:., Grantee shall compensate Grantor for any damage to the Property caused by the exercise of such right of acce�s �hy Grantee_ In the everrt of surface disturbance by Grantee, Grantee shall restore the surface to its pre-work conditi�q. �'•�,_ 2. Easement Area Clearing and Maintenanee. Grantee shall have the right tn cy�-aeLn_ove aad dispose of any and aU brush, trees or o�er vegetation in the Easement Area. Grantee shaU also hav�e-��ht`fa� eentrol, on a continuing basis and by any prudent and reasonabie means, the establishment and g�owth of brush; treesar ather vegeta6on in the Easement Area. --�--'� `• .� �� 3. Grantor's Use of Easement Anea. Grantor reseroes the right to u t�ie Easem�nf �Area forany purpose not inconsistent with the rights herein granted, provided, however, Grantop's I not oons�uat or ma;ntai� any buildings, strudures or other objects on the Easement Area and Grantor shall �.eo sting it7in 300 feet of Grantee's facilities without Grantee's prior written consent. ' / \�,, ` �. 4. Indemnity. GraMee agrees to indemnify Grantor from and ag irystTi�bili�i irtcurre2fi.py �antor as a result of Grantee's negligence in the exer�ise of the rights herein granted to ntee, but r�ptli�ng hereirrshaU require G�antee to indemnify Grantor f� that porhon of any such I'�ability attribu to the neg�nce of Grantor or the negligence of others. � �� i 5. Abandon�nt. The rights herein granted shatl c6nWiu�tintil such U rantee ceases to use the Easement Area for a periud of frve (5y successive years, in vyhigf► event, this e t shaN tertninate a�d alt �ghts hereunder, and any improvements remaining in Uie Easeme t ea, shall reve �U�erwise become the properry of Grantor, provided, however, that no abandonment shal �deemed ta ha ed by reason of Grantee's faiiure to initially install its systems on the Easement Area wi in ny periaf of ti��the date hereof. � \` � 6• Successors and Assigns. Grantee shall have the��4aassign„apportion or othervvise transfer any o� all of its rights, benefits, privileges and interests arising in a nd tftiis easement. Without t+miting the generaiity of the foregoing, the rights and obligations of the parties shafl inure to the benefit of and be binding upon their respective sucoessors and assigns. � DATED th,s /� �y of � , 2008. � � GRANT R_ �� ' �� '�� / � � ` , � � ,� BY: \ \'� // �/ �'' � �/ i � STATE OF WASHINGTpiV. j � COUNTY OF `�� On this,- a of `�� 2008, before me a Notary Pu61ic in and for the Siate of Washirtgton, p�ers,bnal�r AA � to me known to be the �ndividual� th�t �ce fio ang insUument, and acknow�edged it to be the free and volur�lary act, for the uses and purpose�s tioned 's ' sirument, and on oath stated that helc�sy �r authorized to execute said instrument. �,� �., IN Vb'ITNESS 1 have hereunto s�t my 1 official seal the day and year fir�t abo. z��iiccen. � � � + �4 vs�n3,c�.e � �t � � � `� P"�•- ��• 8 'q �� w � N� G ��' 0 :" I �� {Signature of Notary) :, �� • ��//.� it/ /h . �.4�.�-�i�. . ; 4 : ; �.� :.'�' O � � (Print or stamp name oF Notary) < �E'' :?1 \ \\'�,,��,��,�� = NOTARY PUBUC in for the State uf �,�� t �,. WashingWn, residing at �� i.c. ��'�\ \� My AppoiMment Expires: ///�,��f� No�p� seel. iert and au naauons must !qa De Wacetl wiThin 1' margms � \ ;��A �► f `�\ ;� i �\ �\—�' / � ,`_�-' LAWYERS TITLE INSURANCE CORPORATION 9619 Levin Road, NW, Silverdale, WA 98383 Phone: (360) 692-4556 CLOSING STATEMENT � FINAL Seller(s)/Lender(s) Buyer(s)/Borrower(s): KK Slater Enterprises, a General partnership Ciry of Bremerton Propern�: 2342 Anderson Hill Rd SW Escrow No: 20349410-KAB Port Orchard, WA Close Date: 12/OS/2008 Proration Date: 12/052008 Srller Bu� cr Uebit Crcdit Descri tioo Debit ( rcdii TOTAL CONSIDERATION: wire from buyer 1.�8-t t�� TITLE AND ESCROW CHARGES: Lenders Policy to Lawyers TiUe Insuiance Corporation ��U UU Escrow Sales Tax to Lawye►s Tide Insurance Corporation -!7 3�� Title Sales Tax to Lawyers Title Insurance Corporation • �l7 �U Other Title Company Recon Fee to Land Title Company 2>U.Ou Escrow Fee to Lawyeis Titie Insurance Corporadon 5?U Il0 RECORDING FEES: Recording Fees to lawyers Title Insurance Coipor�uon -l> UO rc�:ording release/easement to Lawyers Title lnsurance Corporation �' UU record new easement to Lawyers Title Insurance Corporalion �J3 UU Counry Transfer Tax to Kitsap Counry Treasurer I U OU $0.0 $O.UO SubTotals Sub"lotab $I.�S�l6U bl.>Y�16� �0 0( $0.00 'fotal� �utal� 41.�8-1 bl) bl ��a �� Pnnteci: 12/05�2Qp8 3.17;3RPM THIRD AMENDMENT TO REAL ESTATE PURCHASE AND SALE AGREEMENT This Third Amendment to Real Estate Purchase and Sale Agreement is entered into between the CITY OF BREMERTON (Buyer) and KK SLATER ENTERPRISES (Seller) and amends the Real Estate Purchase and Sale Agreement as follows: Paragraph 6, Closing of the Sale is amended to change the closing date to on or before December 5, 2008. All other terms of the Real Estate Purchase and Sale Agreement with Earnest Money Provision shall remain in full force and effect. � IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date set forth below. SELLER: BUYER: KK SLATER ENTERPRISES CI F B TON a"—� � By: Ken Slater By: Cary Bozeman Its: Its: Mayor Dated: Dated: //-/ Cf -Q� APPROVED AS TO FORM: B• Rog A. Lubovich, City Attorney R:\L.egal�Legal�Files\Current Active F' Slater Real Estate Purchasel3rd Amendment to REPSA.doc 1 SECOND AMENDMENT TO REAL ESTATE PURCHASE AND SALE AGREEMENT This Second Amendment to Real Estate Purchase and Sale Agreement is entered into between the CITY OF BREMERTON (Buyer) and KK SLATER ENTERPRISES (Seller) and amends the Real Estate Purchase and Sale Agreement as follows: Paragraph 6, Closing of the Sale is amended to change the closing date to on or before November 15, 2008. All other terms of the Real Estate Purchase and Sale Agreement with Earnest Money Provision shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date set forth below. SELLER: BiJYER: KK SLATER ENTERPRISES � CI MER By: Ken Slater By: Cary Bozeman Its: Its: Mayor Dated: Dated: /(� -- /�(�� APPROVED AS TO FORM: o r A. Lubovi , ity Attorney R:\Legal\L.egal\Files\Current Active Files�KK Slater Real Estate Purchase�2nd Amendment to REPSA.doc 1 FIRST AMENDMENT TO REAL ESTATE PURCHASE AND SALE AGREEMENT This First Amendment to Real Estate Purchase and Sale Agreement is entered into between the CITY OF BREMERTON (Buyer) and KK SLATER ENTERPRISES (Seller) and amends the Real Estate Purchase and Sale Agreement as follows: Paragraph 6, Closing of the Sale is amended to change the closing date to on or before October 15, 2008. All other terms of the Real Estate Purchase and Sale Agreement with Earnest Money Provision shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date set forth below. SELLER: BUY • KK SLATER ENTERPRISES Y O TO L 1 By: Ken Slater By: Cary Bozeman Its: Its: Mayor Dated: Dated: g- ,�(d - Q �j APP FORM: / BY• �� Ro r A. Lub ch, City Attorney R:\Legal\Legal�Files\Current Active Files�ICK Slater Real Estate Purchase\1 st Amendment to REPSA.doc 1 REAL ESTATE PURCHASE AND SALE AGREEMENT This agreement controls the terms of the sale of real property. (Please read carefullv before signing.) This Agreement is entered between the CITY OF BREMERTON, a Washington municipal corporation ("Buyer"), and KK SLATER ENTERPRISES, a Washington partnership ("Seller"), for the sale and purchase of real property as follows: 1. PROPERTY. The Property which Seller agrees to sell and Buyer agrees to buy for utility and other purposes is a portion of the real estate parcel commonly known as 2342 Anderson Hill Road SW, Port Orchard, Washington which portion to be purchased is legally described in Exhibit A, attached hereto and incorporated herein by this reference. In addition, Seller agrees to grant Buyer a non-exclusive access and utility easement to said parcel, which easement is legally described in Exhibit B, attached hereto and incorporated herein by this reference. The parcel and the easement are hereinafter collectively referred to as the "Property". The parcel and easement are depicted on Exhibit C, attached hereto and incorporated by reference. 2. COMPENSATION. In exchange for the transfer of the Property, Buyer, at Buyer's expense, agrees to relocate and underground, within the Buyer's current access and waterline easement located on Seller's property as identified in Exhibit C, approximately 650 feet of overhead power lines currently situated at a point beginning at a power pole in the right-of-way and ending at a power pole approximately 650 feet south of the beginning pole as depicted in Exhibit C. Such relocation and undergrounding work shall also include reconnection of electrical power to Seller's existing building, which will be performed by Buyer or Buyer's assigned contractor. Buyer shall cause the work to be conducted in a manner so as to minimize the time period that Seller's premises will be without electrical power. Seller, shall grant, at closing, Puget Sound Energy (PSE) a non- exclusive underground electric utility easement within the Buyer's access and waterline easement for the work described in Exhibit C, which grant of easement shall be conditioned upon PSE canceling and abandoning all other PSE utility easement rights in Seller's parcel. The PSE underground electric utility easement and release of overhead easement documents shall be executed and placed in escrow for recording at closing. Once these documents are in�scrow, Buyer shall begin the relocation and undergrounding work. Buyer, at Buyer's cost, if any, shall cause the abandoned overhead electrical lines and poles to be removed and disposed of away from Seller's parcel. At the completion of the relocation work, Buyer shall restore the surface of the land to its pre-work condition and will fill all excavations. As additional consideration, Buyer acknowledges that its current access and waterline easement rights are intended only for the benefit use of Buyer's existing contiguous real estate parcel and municipal function, and Buyer shall not assign to any third party water pipeline rights in said easement. 3. CONTINGENCIES. This agreement is contingent upon: (a) Acceptance of its terms by the Bremerton City Council; and (b) Completion of the Exhibit C described power undergrounding work. REAL ESTATE PURCHASE AND SALE AGREEMENT Page 1 of 4 Should any of these contingencies not be met prior to closing, then this Agreement shall terminate and neither Buyer nor Seller shall have any further rights, duties or obligations hereunder. 4. CONVEYANCE AND CONDITION OF TITLE. The title to the Property shall be conveyed by Seller to Buyer at closing by Statutory Warranty Deed, free and clear of all liens, encumbrances or defects. 5. CLOSING COSTS AND PRO-RATIONS. The cost of escrow shall be paid by Buyer. This transaction is excise tax exempt by reason that such Property is being acquired under threat of condemnation. Taxes for the current year shall be pro-rated as of date of closing unless otherwise agreed. 6. CLOSING OF THE SALE. With the understanding that time is of the essence for this agreement, this sale shall be closed by September 30, 2008, which shall also be the termination date of this agreement unless said closing date is extended in writing by mutual agreement of the parties. When notified, the Buyer and Seller will deposit, without delay, with the Escrow, all ins'tnunents and monies required to complete the transaction in accordance with this agreement. Closing, for the purpose of this agreement, is defined as the date that all documents are executed and the Statutory Warranty Deed and grant of access and utility easement are recorded. 7. CASUALTY LOSS. If prior to closing, improvements on said premises shall be destroyed or materially damaged by fire or other casualty, this agreement, at option of the Buyer, shall become null and void. 8. POSSESSION. Buyer shall be entitled to possession on closing. 9. SELLER'S REPRESENTATIONS. Seller represents that: (a) Seller will maintain the Property in present or better condition until time of agreed possession, (b) Seller has no knowledge or notice from any governmental agency of any violation of laws relating to the subject Property, and (c) the Property is not encumbered by any leases. 10. SELLER'S ENVIRONMENTAL REPRESENTATIONS. Seller represents that to the best of Seller's knowledge that it is not aware of existence of, or has caused or allowed to be caused, any environment condition (including, without limitation, a spill, discharge or contamination) that existed as of andlor prior to the closing date or any act of omission occurring prior to the closing date, the result of which may require remedial action pursuant to any federal, state or local law or may be the basis for the assertion of any third party claims, including claims of governmental entities. This provision shall survive the closing and be in addition to Seller's obligation for breach of a representation or warranty as may be set forth herein. REAL ESTATE PURCHASE AND SALE AGREEMENT Page 2 of 4 11. DEFAULT AND ATTORNEY'S FEES. (a) Default. If Buyer or Seller defaults hereunder, the non-defaulting party shall have all the rights and remedies available at law or in equity. (b) Attorney's Fees and Costs. In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. 12. NOTICE TO SELLER. This form contains provisions for an agreement for the purchase and sale of real estate. Buyer makes no warranty or representation of any kind that this form, or any of its provisions, is intended to meet the factual and legal requirements of a particular transaction, or that it accurately reflects that laws of the State of Washington at the time you enter the agreement. This agreement has significant legal and financial consequences. By signing this agreement, Seller acknowledges that Seller has or has had the opportunity to consult with an attorney regarding Seller's rights and obligations in this agreement. 13. BROKERS FEES/COMMISSIONS. Seller has not engaged the services of any third party who shall be entitled to a commission fee upon closing. Seller agrees to indemnify, defend and hold harmless Buyer with respect to any claim by any person or entity claiming through Seller to be entitled to a commission with respect to the transaction contemplated by this agreement. 14. NON-MERGER The terms, conditions, and provisions of this Agreement shall not be deemed merged into the deed, and shall survive the Closing and continue in full force and effect. 15. NOTICES. All notices required or permitted to be given hereunder shall be in writing and shall be sent U.S. certified mail, return receipt requested, or by facsimile transmission addressed as set forth below: (a) All notices to be given to Buyer shall be addressed as follows: Mayor City of Bremerton 345 6th Street, Suite 600 Bremerton, Washington 98337-1873 (b) All notices to be given to Seller shall be addressed as follows: Shane Slater KK Slater Enterprises P.O. Box 2257 Olympia, WA 98507 Either party hereto may, by written notice to the other, designate such other address for the giving of notices as being necessary. All notices shall be deemed given on the day such notice is personally served, or on the date of the facsimile transmission, or on the third day following the day such notice is mailed in accordance with this paragraph. REAL ESTATE PURCHASE AND SALE AGREEMENT Page 3 of 4 16. ENTIRE AGREEMENT. This Agreement, including all incorporated exhibits, constitutes the full understanding between Seller and Buyer. There have been no verbal or other agreements that modify this Agreement: 17. BINDING EFFECT AND SURVIVAL. This Agreement shall be binding upon parties hereto and their respective heirs, successors and assigns; and the terms, conditions and provisions of this Agreement shall survive the closing of this transaction. 18. DATE OF MUTUAL ACCEPTANCE. For the purposes of this Agreement, the date of mutual acceptance of this Agreement shall be the last date on which the parties to this Agreement have executed this Agreement as indicated below. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date set forth below. BUYER: SELLER: THE CITY OF BREME KK SLATER E TERPRISES By: By: s� Cary ozeman, Mayor Its: Dated: � - � - d � Dated: APPROVED AS TO FORM: By: � Ro r A. Lubovich, City Attorn R:�I.egal�I,egal�Files\C�rrent Active Files Slater Real Estate Purchase�REPSA.Final.doc REAL ESTATE PURCHASE AND SALE AGREEMENT Page 4 of 4 ; EXHIBIT A A PARCEL OF LAND SITUATE IN THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 24 NORTH, RANGE 1 EAST OF THE WILLAMETTE MERIDIAN, COUNTY OF KITSAP, STATE OF WASHINGTON; COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 33, THENCE ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER, NORTH 88 WEST, 2340.42 FEET; 1`HENCE SOUTH OOg35'37" EAST, 64.68 FEET TO THE SOUTH RIGHT OF WAY LINE OF ANDERSON HILL ROAD SW (STATE HIGHWAY 16) AND THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 00 EAST, 50.00 FEET; THENCE SOUTH 89°24'23" WEST, 75.00 FEET; THENCE NORTH OOQ35'37" WEST, 50.00 FEET TO THE SOUTH RIGHT OF WAY LINE OF SAID ANDERSON HILL ROAD SW; THENCE ALONG SAID ANDEFtSON HILL ROAD SW, NORTH 89 EAST, 75.00 FEET TO THE POINT OF BEGINNING. �� ` /' T ;V.. • ,�y,�R. �. ��, � 14AS ROBERT N. ERB, P.L.S. � H ��`��'� WASHINGTON STATE REGISTRATION NUMBER 18082 .S� � o � �`')� � 18(1A2 11 w� \S� �'ClSTF.g� �, j� SITTS & HILL ENGINEERS INC. ~N � 2901 SOUTH 40 STREET Ex�'TR�s a��Y t�, zoos TACOMA, WASHINGTON 98409 253-474-9449 TEL 253-474-0153 FAX PROJECT NO. 13206 NOVENBER 30, 2007 PAGE 1 OF 1 EXHIBIT B A PARCEL OF LAND SITUATE IN THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHII' 24 NORTH, RANGE 1 EAST OF THE WILLAMETTE MERIDIAN, COUNTY OF KITSAP, STATE OF WASHINGTON; COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUAR'I'ER OF SAID SECTION 33, THENCE ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER, NORTH 88°16'33" WEST, 2340.42 FEET; THENCE SOUTH 00°35'37" EAST, 64.68 FEE'T TO THE SOUTH RIGHT OF WAY LINE OF ANDERSON HILL ROAD SW (STATE HIGHWAY 16) AND THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 00°35'37" EAST, 20.00 FEET; THENCE NORTH 89°24'23" EAST, 26.76 FEET; THENCE NORTH 62°59'07" EAST, 44.95 FEET; THENCE SOUTH 89°24'23" WEST, 67.01 FEET TO THE POINT OF BEGINNING. 1 EXHIBIT C STATE ROUTE 16 RIGHT-OF-WAY I, � �/ LL 1--y 1 - 1 � -- ` /.-LL<- I WSDOT LIMITED ACCESS LINE _ _ p -� -P--- R '7 �� W-ROW L J � �� 1_L � W- ROW - ROW --'ROW _- ROW -- R0� I - - - - � _ 2f'LSETBAGK.-LJNE I _� ACCESS/UTILITY I EASEMENT 0 EXISTING SUBJECT � BUILDING I PROPERTY � \ . I � I I � \ I I � EXISTING ACCESS AND \ I I WATERLINE EASEMENT. \ POWERLINES WILL BE I RELOCATEO WITHIN THIS � POWER LINES EASEMENT TO BE RELOCATED \ � . / / \ / I � / / �/ I I� � � � � 1 � �I � / �I � N W ��C E �I � � �'C � I � � S � �� SCALE: 1 "=80' I TAX PARCEL 332401-4-039-2005 � / � � � 1 REAL ESTATE PURCHASE AND SALE AGREEMENT Page 7 of 7 �� 9619 Levin Road NW , � :..,.... . , ,� ta ,>. �'� s� � Silverdale, WA 98383 .; ... � � ...... �"�� ✓�� :,:;• � •<� ..� . . . ....:.::::.::..:.:.:.:.................. Phone: 360-692-4556 �:. ; i.:'' , �, ,.., M : ; ,, .• t��c: <:'s2a.<si. � ..�<��G?%«.:. �,a-.> Fax: 360-698-7509 December 9, 2008 � � ' ' .,� � 9 City of Bremerton Q a �' �'� �� 345 6th St #600 �� •�.�� Bremerton, WA 98337-1873 �`��jc�,,,,� � "•"f�.�� D��'�� p v � � b 8(� YOUR REF: . OUR NO.: 20349410 � Attached is your ALTA 2006 Owners Policy policy of title insurance. Please retain it for future reference with your other closing papers. Transnation Title Insurance Company has merged. into Lawyers Title Insurance Corporation. As a result, effective September 1, 2008 all title polices will be issued under and honored by Lawyers Title Insurance Corporation. Michael Mjelde � � . . . . .... . .................... .. ..... ..� �f3}5 �:'vxt��i`ft%;:�� lu ;�`:'��`�iG!S� itJ �I`it� Ct31�5:it.iin;S �3 j�<9Tf <:�. �1�1?�:E !�35:::'3:^.w•t� �'.^,�� --�+� �.:#�l`�r'::?'C �4�ilt �Y;?il:fi�(1C4'"' �U1'�u'F'�{36.'a v ytiei��i{c3:i\i3 �i�%:�� i :32t�J �i1 G�F;: �w,r;�t:�i::,3ii i?# :�<f� �]Ph:til�i#'s'f: r f`.cli� ;�iirMv:' ��•�S �i:i�ICj�, it E:i 1'IB`R:3�j tSf1�f;:8��OC� c4?l!.� �y''��+ °�'`c3� �'lt�L�'�fl� �:$�L' :i3Sk:'c3'.;?; s�.�0i'f��c.t�t, d �!€:�aT�;;k.?� t;%)tii(;�.'i�+ 'r3S::�3t'f3t;3 a:3 lia�il't�' !I: E�GE3:i>"• �'t �i.�i:� i�E�P, ° :•�i,°�.°.c^��31'�H�`'.� �.lt'1c�'if'sii'j�� 's1�1Q `ii>� IFl fE7Lt;Ci:i`i +{� :?3C: F�iCf3LtUt3t 0� ..i"��,�'.'i�1�V S:iI'•.E:'•; itFi �i;,�'1#3t,�F1��` . ;#!1? °�a��;�:,;r�M �E.^ Ei37Q; i�i::t� i:4 �71P, P,:t�,�.'� �..i3LV�ft?i^'x �_I{'sE: I3:5[1C3:'Fr3: C;t�r�cr�:��v� 5t�ia11 f��f �a ��a� F}�y v�lic� c<��r� .;; �xr•�:ss af th� �ta#�in�;r.3 l.:a�:::f:l�,! �;.��?� ip�i� �ur i�`J ��.�S�fl 0# 1� �,3 At t�^::17�3}X8 iFl��ll'P� �f�f�ifl�l. !h:?^ St3f}: ':::3�� :�r ¢U tt`8 �B�fiSUfei3 E,i,��;:1.?y ::hci#! �?tt` 4'3w�t.l17?�� ai1C1 �3�1� �t� �'is";Y?�3t�` Yl�i� �ft513F�F3rk: �.e�r.':5�.'•;2Y3� Iil ° •.�?tt ;;�fil� ?Yfn 3'!!: f�'i s311•`• s�^�r exlnr ��?> i� i�E1i#`3 l�Aa�stt'�� i€;�i:aliiy k��3S9 i:.c:<:::� €:z :il)1'i?t� �i�f c'3 E?QEiC` �3 �i:i�3i;} '�`:i€� �n;il.ii'�:fi'C,#; vE)3'Eiii$3�4. �� t J�1`��. s '7.� ` t t 8'� ' ��s�',��+�', �'�I��F'��.� ��3�:t� Ifl"aU''a�i:L? ��3''�N3'i� �3yu;: CfEt,.EE.C? t"ti� i:BYFi�i�Br� t:i fiR; f?\�C.UiF;'� ?,1t� 1t$ :ili�� i4li•`,�'.33'IX,:3;� C+��:'.''.�C. �=itl��i>} ': €ti� Ert��a�.anr.� i:c�r,�:{:�.1 • . �x: � � ��?�,...�:r ....�..� ....................... �; i iL��"� �.�?':i�3 :�{3L'��,f'�i'f��s!'i� ��i;%�c'33 �i.�.4� d��'tii�'t�:�t�� ); �'a�i�i� i Order No.: 20349410 • �� ;;{ ;..k? ..�� f �r�:, r �:x >A.::;. PRIVACY POLICY NOTICE _ � { '� ; ys :� , / ..��:: }� riJJfi "w+� .�v' i �h, �� ,3,'ii}� � � Yl. �4Ji3 � £% �'�.';•% Cr�S � LandAmerica Financial Group, Inc. and its family of affiliated companies ("LandAmerica") respect the privacy of our customers' personal information. This Notice explains the ways in which we may collect and use personal information under � the LandAmerica Privacy Policy. � ' LandAmerica provides title insurance and other real estate services through its affiliates. The two largest members of the �' LandAmerica family, Commonwealth Land Title Insurance Company and Lawyers Title insurance Corporation, and their title affiliates, issue title policies and handle real estate closings across the country. You may review a complete list of the LandAmerica family of affiliates covered by this Privacy Policy on our website at http://www.landam.com under the privacy " policy link or request a copy be sent to you from the address listed below. The LandAmerica Privacy Policy applies to all LandAmerica customers, former customers and applicants. Please visit our website for an explanation of our privacy •� practices relating to electronic communication. What kinds of information we collect Depending on the services you use, the types of information we may collect from you, your lender, attorney, real estate broker, public records or from other sources include: ; • information from forms and applications for services, such as your name, address and te/ephone number • information about your transaction, inc/uding information about the real property you bought, so/d or financed such as address, cost, existing liens, easements, other title information and deeds . with closing, escrow, sett/ement oi mo�tgage /ending services or mortgage /oan servicing, we may also co//ect your socia/ security number as well as information from third parties inc/uding property appraisals, credit reports, loan applications, land surveys, real estate tax information, escrow account ba/ances, and sometimes bank account numbers or credit card account numbers to facilifate the t�ansaction, and • information about your transactions and experiences as a customer of ours or our affiliafed companies, such as producfs or services purchased and payments made. How we use and disc%se this information We use your information to provide you with the services, products and insurance that you, your /ender, attorney, or rea/ estate brokers have requested. We disclose information to our affiliates and unrelated companies as needed to carry out and service your transaction, to protect against fraud or unaufhorized transactions, for instifutional risk control, to provide informafion to government and law enforcement agencies and as otherwise permifted by law. As required to facilifafe a transaction, our title affiliates record documents thaf are part of your transaction in fhe public records as a/ega/ requiremenf for rea/ properfy notice purposes. We do not share any nonpublic personal information we collect from you with unrelated companies for their own use. We do not share any information regarding your transaction that we obtain from third parties (including credit report information) except as needed to enable your transaction as permitted by law. We may also disclose your name, address and property information to other companies who perform marketing services such as letter production and mailing on our behalf, or to other financial service companies (such as insurance companies, banks, mortgage brokers, credit companies) with whom we have joint marketing arrangements. Additionally, some LandAmerica affiliates may share information about their transaction and experiences with you in order to identify opportunities to market other LandAmerica services or products that may be useful to you. HOW we protect your information We maintain administrative, physical, electronic and procedural safeguards to guard your nonpublic personal information. We reinforce our privacy policy with our employees and our contractors. Joint marketers and third parties service providers who have access to nonpublic personal information to provide marketing or services on our behalf are required by contract to follow appropriate standards of security and confidentiality. Title insurance agents may be covered by this policy If your transaction goes through a title insurance agent that is not part of the LandAmerica family, the agent handling your transaction should provide you with the agent's own privacy policy or evidence that the agent has adopted our policy. If you have any questions about this privacy statement or our practices at LandAmerica, please email us at customerservice�landam.com or write us at: LandAmerica Privacy, P.O., Box 27567, Richmond, VA 23261-7567 Effective August 2008 . Privacy Policy Notice - TM-001 � OWNE�R'S POLICY OF TITLE INSURANCE �. issuea by Lawyers Title Insurance Corporation Policy/File No .: 20349410 ,, ..:., �,�.�}�t�� `��.�� .:�- .. v. .. : :. ��, ::�.. .:::::. �� .� ... ................ ........., ............. .. '�'ri2+`' :3Q:i:3:•:r?<d:,.. ':;C; if<t3�CR:'72;t.�' Any notice of claim and any other notice or statement in writing required to be given to the Company under thls Policy must be give� to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, LAWYERS TITLE INSURANCE CORPORATION, a Nebraska corporation (the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; , (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise invalid power of attorney; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defectivejudicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that wou�d be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the �and onto adjoining land, and encroachments onto the �and of existing improvements located on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10, Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached . or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of � transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. ALTA 2006 Owner's Policy Jacket Valid Only If Schedules A and B are Attached Form B1190-126 f, � i,', �� , '��.��. ��.� :• .{;. l 'Y� ' • 'G •• �Y� • . ;.+,/,.� .............�.......... ' . � 4 • ti• : �C :) �� >2` .Lf � �� .. .+� `I ��. t V 3(f ^R »'+ f � � Policy/File No: 20349410 POLICY OF TITLE INSURA,NCE ' Issued by Lawyers Title Insurance Corporation SCHEDULE A File No.: 20349410 ' , Address Reference: 2342 Anderson Hill Rd SW, Port Orchard, WA Amount of Insurance: $17,000.00 Premium: $550.00 Date of Policy: December 5, 2008 at 2:30 p.m. 1. Name of Insured: City of Bremerton, a Washington municipal corporation 2. The estate or interest in the land described herein and which is covered by this policy is: a fee simple estate 3. Title is vested in: City of Bremerton, a Washington municipal corporation 4. The land referred to in this policy is described as follows: In the Exhibit "A" attached hereto and made a part hereof. Lawyers Title Insurance Corporation ey � � • Authorized Si n ture ' ALTA 2006 Owner's Policy Page 1 Policy/File No, : 20349410 ' EXHIBIT "A" PARCEL A: . A PARCEL OF LAND SITUATE IN THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 24 NORTH, RANGE 1 EAST OF THE WILLAMETTE MERIDIAN, COUNTY OF KITSAP, STATE OF WASHINGTON; COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 33; THENCE ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER, NORTH 88°16'33" WEST, 2340.42 FEET; THENCE SOUTH 00°35'37" EAST 64.68 FEET TO THE SOUTH RIGHT OF WAY LINE OF ANDERSON HILL ROAD SW (STATE HIGHWAY 16) AND THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 00°35'37" EAST 50.00 FEET; THENCE SOUTH 89°24'23" WEST 75.00 FEEf; THENCE NORTH 00°35'37" WEST 50.00 FEET TO THE SOUTH RIGHT OF WAY OF SAID ANDERSON HILL ROAD SW; THENCE ALONG SAID ANDERSON HILL ROAD SW, NORTH 89°24'23" EAST 75.00 FEET TO THE POINT OF BEGINNING. PARCEL B: AN EASEMENT FOR ACCESS AND UTILITIES OVER A PARCEL OF LAND SITUATE IN THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 24 NORTH, RANGE 1 EAST OF THE WILLAMEITE MERIDIAN, COUNTY OF KITSAP, STATE OF WASHINGTON; COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 33; THENCE ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER, NORTH 88°16'33" WEST, 2340.42 FEET; THENCE SOUTH 00°35'37" EAST 64.68 FEET TO THE SOUTH RIGHT OF WAY LINE OF ANDERSON HILL ROAD SW (STATE HIGHWAY 16) AND THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 00°35'37" EAST 20.00 FEET; THENCE NORTH 89°24'23" EAST 26.76 FEET; THENCE NORTH 62°59'07" EAST 44.95 FEET; THENCE SOUTH 89°24'23" WEST 67.01 FEET TO THE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KITSAP, STATE OF WASHINGTON. ALTA 2006 Owner's Policy Page 2 SCNEDULE B Policy/File No.: 20349410 �. EXCEPTIONS FROM COVERAGE This Policy does not insure against loss or damage (and the Company will not pay costs, attorneys' � fees or expenses) which arise by reason of: 1. Taxes or assessments which are not now payable or 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; proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. 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 which may be asserted by persons in possession, or claiming to be in possession, thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land, and that is not shown by the Public Records. 5. Any lien, or right to a lien, for labor, material, services or equipment, or for contributions to employee benefit plans, or liens under Workmans' Compensation Acts, not disclosed by the . public records. 6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) Indian treaty or aboriginal rights, including, but not limited to, easements or equitable servitudes; or, (d) water rights, claims or title to water, whether or not the matters excepted under (a), (b), (c) or (d) are shown by the public records. 7. Right of use, control or regulation by the United States of America in the exercise of powers over navigation; any prohibition or limitation on the use, occupancy or improvement of the land resulting from the rights of the public or riparian owners to use any waters which may cover the land or to use any portion of the land which is now or may formerly have been covered by water. 8, Any service, installation, connection, maintenance or construction charges for sewer, water, electricity, or garbage collection or disposal, or other utilities unless disclosed as an existing lien by the public records. � SPECIAL EXCEPTIONS: 1. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFfER DELINQUENCY: (iST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 332401-4-039-2005 YEAR BILLED PAID BALANCE 2008 $3,903.08 $3,903.08 $0.00 THE CURRENT LEVY CODE IS 8170. AFFECTS SAID PREMISES AND OTHER PROPERTY ALTA 2006 Owners Policy Page 3 SCHEDULE B � (continued) 2. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE: RODE AND PIPELINE � AREA AFFECTED: A PORTION OF SAID PREMISES RECORDING NO. 27558 (VOLUME 33, PAGE 713) �� 3. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: JULY 18, 1902 RECORDING NO.: 27558 (VOLUME 33, PAGE 713) , REGARDING: RIGHT-OF-WAY 4. RELINQUISHMENT OF ALL EASEMENTS EXISTING, FUTURE OR POTENTIAL, FOR ACCESS, LIGHT, VIEW AND AIR, AND ALL RIGHTS OF INGRESS, EGRESS AND REGRESS TO, FROM AND ' BETWEEN THE LAND AND THE HIGHWAY OR HIGHWAYS TO BE CONSTRUCTED ON LAND CONVEYED BY DEEQ. TO: STATE OF WASHINGTON DATED: ]UNE 19, 1956 RECORDED: ]UNE 26, 1956 RECORDING NOS.: 641952 AND 641953 EXCEPT, AS A PART OF CONSIDERATION OF THIS TRANSACTION THE GRANTEE AGREES TO CONSTRUCT ON ITS RIGHT OF WAY A FRONTAGE ROAD AS SHOWN ON SHEET 2 OF 2 SHEETS OF THE PLAN SHOWING ACCESS, PRIMARY STATE HIGHWAY NO. 14, BETHEL TO SINCLAIR INLET, APPROVED MAY 3, 1955, ESTABLISHED BY RESOLUTION N0. 244, MAY 18, 1955, AND TO WHICH FRONTAGE ROAD ONLY, THE GRANTORS THEIR HEIRS AND ASSIGNS RESERVE A RIGHT OF REASONABLE ACCESS, AN APPROACH TO SAID FRONTAGE ROAD TO BE MAINTAINED BETWEEN THE RIGHT OF WAY LINE AND THE SHOULDER LINE OF SAID FRONTAGE ROAD BY GRANTORS, THEIR HEIRS, SUCCESSORS AND ASSIGNS. 5. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: CITY OF BREMERTON PURPOSE: PIPELINE RIGHT OF WAY AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: JUNE 22, 1988 RECORDING NO.: 8806220048 6. NOTICE TO TITLE AND THE TERMS AND CONDITIONS THEREOF: RECORDED: AUGUST 18, 2005 RECORDING NO.: 200508180254 REGARDING: MAINTENANCE AND MONITORING REQUIREMENT 7. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE: INGRESS, EGRESS, WATER PIPELINE AND APPURTENANCES AREA AFFECTED: A PORTION OF SAID PREMISES RECORDING N0. 200509150087 SAID INSTRUMENT IS A RE-RECORD OF AUDITOR'S FILE NO. 200509140356. 8. MATfERS SET FORTH BY SURVEY: RECORDED: NOVEMBER 1, 2005 RECORDING NO.: 200511010091 DISCLOSES: LOCATIONS OF EXSITING BUILDING, SIGN, GATES AND DRIVEWAY Page 4 SCHEDULE B ' (continued) , 9. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PUGET SOUND ENERGY, INC., A WASHINGTON CORPORATION PURPOSE: ELECTRIC TRANSMISSION AND DISTRIBUTION SYSTEM , AREA AFFECTED: A PORTION OF SAID PREMISES �. RECORDED: DECEMBER 5, 2008 RECORDING NO.: 200812050119 Page 5 • ' EXCLUSIONS FROM COVERAGE Policy/File No.: 20349410 The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (inciuding those relating to building and zoning) restricting, regulating, . prohibiting, or relating to '. (i) the occupancy, use, or enjoyment of the Land; , (ii) the character, dimensions, or location of any improvement erected on the Land; . (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit � the coverage provided under Covered Risk 5. � (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. ' 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this ' policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10; or (e) resuiting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance er fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. . 5, Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of � Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A ' CONDITIONS 1. DEFINITION OF TERMS (g) "Land": The land described in Schedule A, and affixed �" The following terms when used in this policy mean: improvements that by law constitute real property. The term (a) "Amount of Insurance": The amount stated in Schedule "Land" does not include any property beyond the lines of the area A, as may be increased or decreased by endorsement to this described in Schedule A, nor any right, tit�e, interest, estate, or policy, increased by Section 8(b), or decreased by Sections 11 and easement in abutting streets, roads, avenues, alleys, lanes, ways, 12 of these Conditions. or waterways, but this does not modify or limit the extent that a (b) "Date of Policy": The date designated as "Date of Policy" right of access to and from the �and is insured by this policy. in Schedule A (h) "Mortgage": Mortgage, deed of trust, trust deed, or other (c) "Entity": A corporation, partnership, trust, limited liability security instrument, including one evidenced by electronic means company, or other similar legal entity. authorized by law. (d) "Insured": The Insured named in Schedule A. (i) "Public Records": Records established under state (i) The term "Insured" also includes statutes at Date of Policy for the purpose of imparting constructive (A) successors to the Title of the Insured by notice of matters relating to real property to purchasers for value operation of law as distinguished from purchase, including heirs, and without Knowledge. With respect to Covered Risk 5(d), devisees, survivors, personal representatives, or next of kin; "Public Records" sha�l also include environmental protection liens (B) successors to an Insured by dissolution, filed in the records of the clerk of the United States District Court merger, consolidation, distribution, or reorganization; for the district where the Land is located. (C) successors to an Insured by its conversion to Q) "Title": The estate or interest described in Schedule A another kind of Entity; (k) "Unmarketabfe Title": Title affected by an alleged or (D) a grantee of an Insured under a deed delivered apparent matter that would permit a prospective purchaser or without payment of actual valuable consideration conveying the lessee of the Title or lender on the Title to be released from the Title obligation to purchase, lease, or lend if there is a contractual (1) if the stock, shares, memberships, or other condition requiring the delivery of marketable title equity interests of the grantee are wholly-owned by the named 2. CONTINUATION OF INSURANCE Insured, The coverage of this policy shall continue in force as of Date of (2) if the grantee wholly owns the named Policy in favor of an Insured, but only so long as the Insured Insured, retains an estate or interest in the land, or holds an obligation (3) if the grantee is wholly-owned by an secured by a purchase money Mortgage given by a purchaser ' affiliated Entity of the named Insured, provided the affiliated Entity from the Insured, or only so long as the Insured shall have liability and the named Insured are both wholly-owned by the same person by reason of warranties in any transfer or conveyance of the Title. or Entity, or This policy shall not continue in force in favor of any purchaser (4) if the grantee is a trustee or beneficiary of from the Insured of either (i) an estate or interest in the Land, or (ii) a trust created by a written instrument established by the Insured an obligation secured by a purchase money Mortgage given to the named in Schedule A for estate planning purposes. Insured. (i) With regard to (A), (B), (C), and (D) reserving, 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED however, all rights and defenses as to any successor that the CLAIMANT Company would have had against any predecessor Insured. The Insured shall notify the Company promptly in writing (i) in case (e) "Insured ClaimanY': An Insured ciaiming loss or damage. of any litigation as set forth in Section 5(a) of these Conditions, (ii) (f) "Knowledge" or "Known": Actual knowledge, not in case Knowledge shall come to an Insured hereunder of any constructive knowledge or notice that may be imputed to an claim of title or interest that is adverse to the Title, as insured, and Insured by reason of the Public Records or any other records that that might cause loss or damage for which the Company may be impart constructive notice of matters affecting the Title liable by virtue of this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by ALTA 2006 Owner's Policy Jacket Form B1190-126 / • ' Policy/File No.: 20349410 the failure of the Insured Claimant to provide prompt notice, the examine, inspect, and copy all of these records in the custody or Company's liability to the Insured Claimant under the policy shall control of a third party that reasonably pertain to the loss or be reduced to the extent of the prejudice. damage. All information designated as confidential by the Insured 4. , PROOF OF LOSS Claimant provided to the Company pursuant to this Section shall In the event the Company is unable to determine the amount of not be disclosed to others uniess, in the reasonable judgment of loss or damage, the Company may, at its option, require as a the Company, it is necessary in the administration of the claim. condition of payment that the Insured Claimant furnish a signed Failure of the Insured Claimant to submit for examination under proof of loss. The proof of loss must describe the defect, lien, oath, produce any reasonably requested information, or grant encumbrance, or other matter insured against by this policy that permission to secure reasonably necessary information from third constitutes the basis of lossor damage and shall state, to the parties as required in this subsection, unless prohibited by law or extent possible, the basis of calculating the amount of the loss or governmental regulation, shall terminate any liability of the damage. Company under this policy as to that claim. 5. DEFENSE AND PROSECUTION OF ACTIONS 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; (a) Upon written request by the Insured, and subject to the TERMINATION OF LIABILITY options contained in Section 7 of these Conditions, the Company, In case of a claim under this policy, the Company shall have the at its own cost and without unreasonable delay, shall provide for following additional options: the defense of an Insured in litigation in which any third party (a) To Pay or Tender Payment of the Amount of Insurance. asserts a claim covered by this policy adverse to the Insured. This To pay or tender payment of the Amount of Insurance under this obligation is limited to only those stated causes of action alleging policy together with any costs, attorneys' fees, and expenses matters insured against by this policy. The Company shall have incurred by the Insured Claimant that were authorized by the the right to select counsel of its choice (subject to the right of the Company up to the time of payment or tender of payment and that Insured to object for reasonable cause) to represent the Insured as the Company is obligated to pay. to those stated causes of action. It shall not be liable for and will Upon the exercise by the Company of this option, all liability and not pay the fees of any other counsel. The Company will not pay obligations of the Company to the Insured under this policy, other any fees, costs, or expenses incurred by the Insured in the than to make the payment required in this subsection, shall defense of those causes of action that allege matters not insured terminate, including any liability or obligation to defend, prosecute, against by this policy. or continue any litigation. (b) The Company shall have the right, in addition to the (b) To Pay or Otherwise Settle With Parties Other Than the options contained in Section 7 of these Conditions, at its own cost, Insured or With the Insured Claimant. to institute and prosecute any action or proceeding or to do any (i) To pay or otherwise settle with other parties for or in other act that in its opinion may be necessary or desirable to the name of an Insured Claimant any claim insured against under establish the Title, as insured, or to prevent or reduce loss or this policy. �n addition, the Company will pay any costs, attorneys' damage to the Insured. The Company may take any appropriate fees, and expenses incurred by the Insured Claimant that were action under the terms of this policy, whether or not it shall be authorized by the Company up to the time of payment and that the liable to the Insured. The exercise of these rights shall not be an Company is obligated to pay; or admission of liability or waiver of any provision of this policy. If the (ii) To pay or otherwise settle with the Insured Claimant Company exercises its rights under this subsection, it must do so the loss or damage provided for under this policy, together with diligently. any costs, attorneys' fees, and expenses incurred by the Insured Whenever the Company brings an action or asserts a defense as Claimant that were authorized by the Company up to the time of required or permitted by this policy, the Company may pursue the payment and that the Company is obligated to pay. litigation to a final determination by a court of competent Upon the exercise by the Company of either of the options jurisdiction, and it expressly reserves the right, in its sole provided for in subsections (b)(i) or (ii), the Company's obligations discretion, to appeal any adverse judgment or order to the Insured under this policy for the claimed loss or damage, 6. DUTY OF INSURED CLAIMANT TO COOPERATE other than the payments required to be made, shall terminate, (a) In all cases where this policy permits or requires the including any liability or obligation to defend, prosecute, or . Company to prosecute or provide for the defense of any action or continue any litigation. proceeding and any appeals, the Insured shall secure to the 8. DETERMINATION AND EXTENT OF LIABILITY Company the right to so prosecute or provide defense in the action This policy is a contract of indemnity against actual monetary loss or proceeding, including the right to use, at its option, the name of or damage sustained or incurred by the Insured Claimant who has the Insured for this purpose. Whenever requested by the suffered loss or damage by reason of matters insured against by Company, the Insured, at the Company's expense, shall give the this policy. Company all reasonable aid (i) in securing evidence, obtaining (a) The extent of liability of the Company for loss or damage witnesses, prosecuting or defending the action or proceeding, or under this policy shall not exceed the lesser of effecting settlement, and (ii) in any other lawful act that in the (i) the Amount of Insurance; or opinion of the Company may be necessary or desirable to (ii) the difference between the value of the Title as establish the Title or any other matter as insured. If the Company insured and the value of the Title subject to the risk insured against is prejudiced by the failure of the Insured to furnish the required by this policy. cooperation, the Company's obligations to the Insured under the (b) If the Company pursues its rights under Section 5 of policy shall terminate, inc�uding any liability or obligation to defend, these Conditions and is unsuccessful in establishing the Title, as prosecute, or continue any litigation, with regard to the matter or insured, matters requiring such cooperation. (i) the Amount of Insurance shall be increased by 10%, (b) The Company may reasonably require the Insured and Claimant to submit to examination under oath by any authorized (ii) the Insured Claimant shall have the right to have the representative of the Company and to produce for examination, loss or damage determined either as of the date the claim was inspection, and copying, at such reasonable times and places as made by the Insured Ciaimant or as of tha date it is settled and may be designated by the authorized representative of the paid. Company, all records, in whatever medium maintained, including (c) In addition to tha extent of liability under (a) and (b), the books, ledgers, checks, memoranda, correspondence, reports, e- Company will also pay those costs, attorneys' fees, and expenses mails, disks, tapes, and videos whether bearing a date before or incurred in accordance with Sections 5 and 7 of these Conditions after Date of Policy, that reasonably pertain to the loss or damage. 9. LIMITATION OF LIABILITY Further, if requested by any authorized representative of the (a) If the Company establishes the Title, or removes the Company, the Insured Claimant shall grant its permission, in alleged defect, lien, or encumbrance, or cures the lack of a right of writing, for any authorized representative of the Company to access to or from the Land, or cures the claim of Unmarketable ALTA 2006 Owner's Policy Jacket Form B1190-126 • ' Policy/File No .: 20349410 Title, all as insured, in a reasonably diligent manner by any persons. Arbitrable matters may include, but are not limited to, method, including litigation and the completion of any appeals, it any controversy or claim between the Company and the Insured shall have fully perFormed its obligations with respect to that matter arising out of or relating to this policy, any service in connection �• , ancJ shall not be liable for any loss or damage caused to the with its issuance or the breach of a policy provision, or to any other • Insured. controversy or claim arising out of the transaction giving rise to this (b) In the event of any litigation, including litigation by the policy. All arbitrable matters when the Amount of Insurance is � Company or with the Company's consent, the Company shall have $2,000,000 or less shall be arbitrated at the option of either the no liability for loss or damage until there has been a final Company or the Insured. All arbitrable matters when the Amount . determination by a court of competentjurisdiction, and disposition of Insurance is in excess of $2,000„000 shall be arbitrated only . of all appeals, adverse to the Title, as insured. when agreed to by both the Company and the insured. Arbitration .. (c) The Company shall not be liable for loss or damage to pursuant to this policy and under the Rules shall be binding upon , the Insured for liability voluntarily assumed by the Insured in the parties. Judgment upon the award rendered by the settling any claim or suit without the prior written consent of the Arbitrator(s) may be entered in any court of competent jurisdiction. Company. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE 10. REDUCTION OF INSURANCE; REDUCTION OR CONTRACT TERMINATION OF LIABILITY (a) This policy together with all endorsements, if any, . , All payments under this policy, except payments made for costs, attached to it by the Company is the entire policy and contract attorneys' fees, and expenses, shall reduce the Amount of between the Insured and the Company. In interpreting any Insurance by the amount of the payment. provision of this policy, this policy shall be construed as a whole. 11. LIABILITY NONCUMULATIVE (b) Any claim of loss or damage that arises out of the status , The Amount of Insurance shall be reduced by any amount the of the Title or by any action asserting such claim shall be restricted Company pays under any policy insuring a Mortgage to which to this policy. exception is taken in Schedule B� or to which the Insured has (c) Any amendment of or endorsement to this policy must be agreed, assumed, or taken subject, or which is executed by an in writing and authenticated by an authorized person, or expressly Insured after Date of Policy and which is a charge or lien on the incorporated by Schedule A of this policy. Title, and the amount so paid shall be deemed a payment to the (d) Each endorsement to this policy issued at any time is Insured under this policy. made a part of this policy and is subject to all of its terms and 12. PAYMENT OF LOSS provisions. Except as the endorsement expressly states, it does When liability and the extent of loss or damage have been not (i) modify any of the terms and provisions of the policy, (ii) definitely fixed in accordance with these Conditions, the payment modify any prior endorsement, (iii) extend the Date of Policy or (iv) shall be made within 30 days. increase the Amount of Insurance. 13. RIGHTS OF RECOVERY UPON PAYMENT OR 16. SEVERABILITY SETTLEMENT In the event any provision of this policy, in whole or in part, is held (a) Whenever the Company shall have settled and paid a invalid or unenforceable under applicable law, the policy shall be claim under this policy, it shall be subrogated and entitled to the deemed not to include that provision or such part held to be rights of the Insured Claimant in the Title and all other rights and invalid, but all other provisions shall remain in full force and effect. remedies in respect to the claim that the Insured Claimant has 17. CHOICE OF LAW; FORUM against any person or property, to the extent of the amount of any (a) Choice of Law: The Insured acknowledges the Company loss, costs, attorneys' fees, and expenses paid by the Company. If has underwritten the risks covered by this policy and determined requested by the Company, the Insured Claimant shall execute the premium charged therefor in reliance upon the law affecting documents to evidence the transfer to the Company of these rights interests in real property and applicable to the interpretation, rights, and remedies. The Insured Claimant shall permit the Company to remedies, or enforcement of policies of title insurance of the sue, compromise, or settle in the name of the Insured Claimant jurisdiction where the Land is located. and to use the name of the Insured Claimant in any transaction or Therefore, the court or an arbitrator shall apply the law of the litigation involving these rights and remedies. jurisdiction where the Land is located to determine the validity of If a payment on account of a claim does not fully cover the loss of claims against the Title that are adverse to the Insured and to the Insured Claimant, the Company shall defer the exercise of its interpret and enforce the terms of this policy. In neither case shall right to recover until after the Insured Claimant shall have the court or arbitrator apply its conflicts of law principles to recovered its loss. determine the applicable law. (b) The Company's right of subrogation includes the rights of (b) Choice of Forum: Any litigation or other proceeding the Insured to indemnities, guaranties, other policies of insurance, brought by the Insured against the Company must be filed oniy in or bonds, notwithstanding any terms or conditions contained in a state or federal court within the United States of America or its those instruments that address subrogation rights. territories having appropriate jurisdiction. 14. ARBITRATION 18. NOTICES, WHERE SET Either the company or the Insured may demand that the claim or Any notice of claim and any other notice or statement in writing , controversy shall be submitted to arbitration pursuant to the Title required to be given to the Company under this Policy must be insurance Arbitration Rules of the American Land Title Association given to the Company at Consumer Affairs Department, P.O. Box ("Rules"). Except as provided in the Rules, there shall be no 27567, Richmond, Virginia 23261-7567. joinder or consolidation with claims or controversies of other ALTA 2006 Owner's Policy Jacket Form B1190-126 .> • ' ` Policy/File No.: 20349410 . THANK YOU. . ' Title ansurance provides for the protection of your real estate investment. We suggest you keep this policy in a safe place where it can be�readily available for future reference. If you have questions about title insurance or the coverage provided by this policy, contact the office that issued this policy or you may call or write LawyersTitle Insurance Corporation Consumer Affairs P.O. Box 27567 Richmond, Virginia 23261-7567 Telephone: toll free 800 446-7086 We thank you for choosing to do business with Lawyers Title Insurance Corporation, and look forward to meeting your future title insurance needs. ' f. . ,, .�,,,,s�� '��✓�� ° °� ,. � t �� r� 'C' °•... } a.6$;triS:.£ C.n�k{�s.;c".s:>.4 ALTA 2006 Owner's Policy Jacket Form 61190-126