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HomeMy WebLinkAboutPW16-101 - Insurance Certificate - Boos, Larson, McMillan - Final Policy of Title Insurance - 04/05/2016 19 Rainier Title • 100°ice Locally Owned and Operated King/Snohomish Direct: (888) 929-1999 King/Snohomish Fax: (206) 230-7779 or(425) 339-2491 Pierce Direct: (253) 671-1120 Pierce Fax: (253) 476-3700 Email:TheTitleTeamORainier"ritle.com 1501 4►h Avenue, Suite 300, Seattle,WA 98101 City of Kent, a Washington municipal April 5, 2016 corporation 2220 Fourth Avenue South File No.: 690551 RT Kent, WA 98032 RE: Seller/Buyer: Boos/ Property Address: 17929 S.E. 272nd Street, Kent, WA 98042 In connection with the above referenced transaction, we are enclosing your final policy of title insurance. We trust the attached is satisfactory to you. If you should have any questions, please do not hesitate to contact our office. Rainier Title, Agent for Stewart Title Guaranty Company By: � ✓�i�lG • Brenda McCoy, Unit Manager ALTA Owner's Policy(6-17-06) OWNER'S POLICY OF TITLE INSURANCE ISSUED BY : t rt 1\J - -title guaranty connpariy Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given 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, STEWART TITLE GUARANTY COMPANY, a Texas 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 defective judicial 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 would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land,and encroachments onto the Land 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 an 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. Countersigned by: Y'A rt Senior Chairman oft e Board title guaranty company Rainier Title, LLC Company Everett, WA City, State .......:...,oO' President Part 1 0 Policy Serial No. 0-9301-002399197 It you want information about coverage or need assistance to resolve compiaints,please call our to[[free number 1�8M729-1902. If You make a claim under your Poky,YOU Must furnish written notice in accordance with Section 3 of the Conditions. Visit our World-Wide Web site at httpJ1www.stowar1.ccm File No.: 690551 RT ALTA Owner's Policy(6-17-06) COVERED RISKS(Continued) 9. Title being vested other than as stated in Schedule A or being defective () to be timely,or (a) as a result of the avoidance in whole or in part,or from a court order (ii) to impart notice of its existence to a purchaser for value or to a providing an alternative remedy, of a transfer of all or any part of the judgment or lien creditor. title to or any interest in the Land occurring prior to the transaction 10. Any defect in or lien or encumbrance on the Title or other matter included in vesting Title as shown in Schedule A because that prior transfer Covered Risks 1 through 9 that has been created or attached or has been constituted a fraudulent or preferential transfer under federal filed or recorded in the Public Records subsequent to Date of Policy and bankruptcy,state insolvency,or similar creditors rights laws;or prior to the recording of the deed or other instrument of transfer in the Public (b) because the instrument of transfer vesting Title as shown in Schedule Records that vests Title as shown in Schedule A. A constitutes a preferential transfer under federal bankruptcy, state The Company will also pay the costs, attorneys'fees, and expenses incurred in insolvency,or similar creditors'rights laws by reason of the failure of its defense of any matter insured against by this Policy, but only to the extent recording in the Public Records provided in the Conditions. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy,and (b) not Known to the Company,not recorded in the Public Records at the Company will not pay loss or damage,costs,attomeys'fees,or expenses that Date of Policy,but Known to the Insured Claimant and not disclosed in arise by reason of: writing to the Company by the Insured Claimant prior to the date the 1. (a) Any law, ordinance, permit, or governmental regulation (including Insured Claimant became an Insured under this policy; those relating to building and zoning) restricting, regulating, prohibiting, or (c) resulting in no loss or damage to the Insured Claimant; relating to (d) attaching or created subsequent to Date of Policy(however,this does (i) the occupancy,use,or enjoyment of the Land; not modify or limit the coverage provided under Covered Risk 9 and (ii) the character, dimensions, or location of any improvement 10);or erected on the Land; (a) resulting in loss or damage that would not have been sustained if the (iii) the subdivision of land;or Insured Claimant had paid value for the Title. (v) environmental protection; or the effect of any violation of these 4. Any claim,by reason of the operation of federal bankruptcy,state insolvency, laws,ordinances,or governmental regulations. or similar creditors' rights laws, that the transaction vesting the Title as This Exclusion 1(a) does not modify or limit the coverage provided under shown in Schedule A,is Covered Risk 5. (a) a fraudulent conveyance or fraudulent transfer,or (b) Any governmental police power. (b) a preferential transfer for any reason not stated in Covered Risk 9 of This Exclusion 1(b) does not modify or limit the coverage provided under this policy. Covered Risk 6. 5. Any lien on the Title for real estate taxes or assessments imposed by 2. Rights of eminent domain. This Exclusion does not modify or limit the govemmental authority and created or attaching between Date of Policy and coverage provided under Covered Risk 7 or 8. the date of recording of the deed or other instrument of transfer in the Public 3. Defects,liens,encumbrances,adverse claims,or other matters Records that vests Title as shown in Schedule A. (a) created,suffered,assumed,or agreed to by the Insured Claimant; CONDITIONS 1. DEFINITION OF TERMS Insured named in Schedule A for estate planning The following terms when used in this policy mean: purposes. (a) "Amount of Insurance": The amount stated in Schedule A,as may (ii) With regard to(A), (B), (C),and(D)reserving, however,all be increased or decreased by endorsement to this policy, rights and deferises as to any successor that the Company increased by Section 8(b),or decreased by Sections 10 and 11 of would have had against any predecessor Insured. these Conditions. (e) "Insured Claimant": An Insured claiming loss or damage. (b) "Date of Policy": The date designated as "Date of Policy" in (f) "Knowledge" or "Known": Actual knowledge, not constructive Schedule A. knowledge or notice that may be imputed to an Insured by reason (0) "Entity": A corporation, partnership, trust, limited liability of the Public Records or any other records that impart constructive company,or other similar legal entity. notice of matters affecting the Title. (d) "Insured": The Insured named in Schedule A, (9) "Land": The land described in Schedule A, and affixed (1) the tern"Insured"also includes improvements that by law constitute real property. The term (A) successors to the Title of the Insured by operation of "Land"does not include any property beyond the lines of the area law as distinguished from purchase, including heirs, described in Schedule A, not any right, title, interest, estate, or devisees,survivors, personal representatives,or next of easement in abutting streets,roads,avenues,alleys,lanes,ways, kin; or waterways, but this does not modify or limit the extent that a (B) successors to an Insured by dissolution, merger, right of access to and from the Land is insured by this policy. consolidation,distribution,or reorganization; (h) "Mortgage": Mortgage,deed of trust,trust deed,or other security (C) successors to an Insured by its conversion to another instrument, including one evidenced by electronic means d of Entity; authorized by law. kind a grantee of an Insured under a deed delivered without (i) "Public Records": Records established under state statutes at payment of actual valuable consideration conveying the Title Date of Policy for the purpose of imparting constructive notice of (1) if the stock,shares, memberships,or other equity matters relating real property to purchasers for value and interests of the grantee are wholly-owned by the named without Knowledge.e. With respect to Covered Risk 5(d), "Public Insured, Records"shall also include environmental protection liens filed in In In if the grantee wholly owns the named Insured, the records of the clerk of the United States District Court for the district where the Land is located. (3) if the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and fi) 'Title": The estate or interest described in Schedule A. the named Insured are both wholly-owned by the same (k) "Unmarketable Title": Title affected alleged or apparent person or Entity,or matter that would permit a prospectivea purchaser haser or lessee of the (4) if the grantee is a trustee or beneficiary of a trust Title or lender on the Title to be released from the obligation to created by a written instrument established by the purchase,lease,or lend if there is a contractual condition requiring the delivery of marketable title. CONDITIONS(Continued) Part 1 of Policy Serial No. 0-9301-002399197 File No.: 690551 RT ALTA Owner's Policy(6-17-06) 2. CONTINUATION OF INSURANCE Company, the Insured, at the Company's expense,shall give the The coverage of this policy shall continue in force as of Date of Policy in Company all reasonable aid (i) in securing evidence, obtaining favor of an Insured, but only so long as the Insured retains an estate or witnesses, prosecuting or defending the action or proceeding, or interest in the Land, or holds an obligation secured by a purchase effecting settlement, and (ii) in any other lawful act that in the money Mortgage given by a purchaser from the Insured,or only so long opinion of the Company may be necessary or desirable to as the Insured shall have liability by reason of warranties in any transfer establish the Title or any other matter as insured. If the Company or conveyance of the Title. This policy shall not continue in force in is prejudiced by the failure of the Insured to furnish the required favor of any purchaser from the Insured of either(i)an estate or interest cooperation, the Company's obligations to the Insured under the in the Land,or(ii)an obligation secured by a purchase money Mortgage policy shall terminate,including any liability or obligation to defend, given to the Insured. prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT (b) The Company may reasonably require the Insured Claimant to The Insured shall notify the Company promptly in writing (i) in case of submit to examination under oath by any authorized representative any litigation as set forth in Section 5(a)of these Conditions, (ii)in case of the Company and to produce for examination, inspection, and Knowledge shall come to an Insured hereunder of any claim of title or copying, at such reasonable times and places as may be interest that is adverse to the Title, as insured, and that might cause designated by the authorized representative of the Company, all loss or damage for which the Company may be liable by virtue of this records, in whatever medium maintained, including books, policy,or(III)if the Title,as insured,is rejected as Unmarketable Title. If ledgers, checks, memoranda, correspondence, reports, e-mails, the Company is prejudiced by the failure of the Insured Claimant to disks, tapes, and videos whether bearing a date before or after provide prompt notice, the Companys liability to the Insured Claimant Date of Policy, that reasonably pertain to the loss or damage. under the policy shall be reduced to the extent of the prejudice. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its pennission, in 4. PROOF OF LOSS writing, for any authorized representative of the Company to In the event the Company is unable to determine the amount of loss or examine, inspect, and copy all of these records in the custody or damage, the Company may, at its option, require as a condition of control of a third party that reasonably pertain to the loss or payment that the Insured Claimant furnish a signed proof of loss. The damage. All information designated as confidential by the Insured proof of loss must describe the defect, lien, encumbrance, or other Claimant provided to the Company pursuant to this Section shall matter insured against by this policy that constitutes the basis of less or not be disclosed to others unless, in the reasonable judgment of damage and shall state,to the extent possible,the basis of calculating the Company, it is necessary in the administration of the claim. the amount of the loss or damage. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information, or grant 5. DEFENSE AND PROSECUTION OF ACTIONS permission to secure reasonably necessary information from third (a) Upon written request by the Insured, and subject to the options parties as required in this subsection, unless prohibited by law or contained in Section 7 of these Conditions, the Company, at its governmental regulation, shall terminate any liability of the own cost and without unreasonable delay, shall provide for the Company under this policy as to that claim. defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; obligation is limited to only those stated causes of action alleging TERMINATION OF LIABILITY matters insured against by this policy. The Company shall have In case of a claim under this policy, the Company shall have the the right to select counsel of its choice(subject to the right of the following additional options: Insured to object for reasonable cause)to represent the Insured as (a) to Pay or Tender Payment of the Amount of Insurance. To pay or to those stated causes of action. It shall not be liable for and will tender payment of the Amount of Insurance under this policy not pay the fees of any other counsel. The Company will not pay together with any costs,attorneys'fees,and expenses incurred by any fees,costs,or expenses incurred by the Insured in the defense the Insured Claimant that were authorized by the Company up to of those causes of action that allege matters not insured against by the time of payment or tender of payment and that the Company is this policy. obligated to pay. Upon the exercise by the Company of this (b) The Company shall have the right, in addition to the options option, all liability and obligations of the Company to the Insured contained in Section 7 of these Conditions, at its own cost, to under this policy,other than to make the payment required in this institute and prosecute any action or proceeding or to do any other subsection, shall terminate, including any liability or obligation to act that in its opinion may be necessary or desirable to establish defend,prosecute,or continue any litigation. the Title,as insured,or to prevent or reduce loss or damage to the (b) to Pay or Otherwise Settle With Parties Other Than the Insured or Insured. The Company may take any appropriate action under the With the Insured Claimant. terms of this policy,whether or not it shall be liable to the Insured. (1) To pay or otherwise settle with other parties for or in the The exercise of these rights shall not be an admission of liability or name of an Insured Claimant any claim insured against waiver of any provision of this policy. If the Company exercises its under this policy. In addition, the Company will pay any rights under this subsection,it must do so diligently. costs, attomeys'fees, and expenses incurred by the Insured (c) Whenever the Company brings an action or asserts a defense as Claimant that were authorized by the Company up to the required or permitted by this policy,the Company may pursue the time of payment and that the Company is obligated to pay;or litigation to a final determination by a court of competent (ii) To pay or otherwise settle with the Insured Claimant the loss jurisdiction, and it expressly reserves the right, in its sole or damage provided for under this policy,together with any discretion,to appeal any adverse judgment or order. costs,attomeys'fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the B. DUTY OF INSURED CLAIMANT TO COOPERATE time of payment and that the Company is obligated to pay. (a) In all cases where this policy permits or requires the Company to Upon the exercise by the Company of either of the options prosecute or provide for the defense of any action or proceeding provided for in subsections(b)(i)or(ii),the Companys obligations and any appeals, the Insured shall secure to the Company the to the Insured under this policy for the claimed loss or damage, right to so prosecute or provide defense in the action or other than the payments required to be made, shall terminate, proceeding, including the right to use, at its option, the name of including any liability or obligation to defend, prosecute, or the Insured for this purpose. Whenever requested by the continue any litigation. CONDITIONS(Continued) B. DETERMINATION AND EXTENT OF LIABILITY policy shall not exceed the lesser of This policy is a contract of indemnity against actual monetary loss or (i) the Amount of Insurance;or damage sustained or incurred by the Insured Claimant who has suffered (ii) the difference between the value of the Title as insured and the loss or damage by reason of matters insured against by this policy. value of the Title subject to the risk insured against by this (a) The extent of liability of the Company for loss or damage under this policy. Part 1 of Policy Serial No. 0-9301-002399197 File No.: 690551 RT ALTA Owner's Policy(6-17-06) (b) If the Company pursues its rights under Section 5 of these upon the award rendered by the Arbitrator(s)may be entered in any court Conditions and is unsuccessful in establishing the Title,as insured, of competent jurisdiction. (i) the Amount of Insurance shall be increased by 10%,and (ii) the Insured Claimant shall have the right to have the loss or 15. LIABILITY LIMITED TO THIS POLICY;POLICY ENTIRE CONTRACT damage determined either as of the date the claim was made (a) This policy together with all endorsements, if any, attached to it by by the Insured Claimant or as of the date it is settled and paid. the Company is the entire policy and contract between the Insured (c) In addition to the extent of liability under(a) and(b),the Company and the Company. In interpreting any provision of this policy, this will also pay those costs, attorneys' fees, and expenses incurred in policy shall be construed as a whole. accordance with Sections 5 and 7 of these Conditions. (b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim shall be restricted to this 9. LIMITATION OF LIABILITY policy. (a) If the Company establishes the Title,or removes the alleged defect, (c) Any amendment of or endorsement to this policy must be in writing lien,or encumbrance,or cures the lack of a right of access to or from and authenticated by an authorized person,or expressly incorporated the Land,or cures the claim of Unmarketable Title,all as insured,in by Schedule A of this policy. a reasonably diligent manner by any method,including litigation and (d) Each endorsement to this policy issued at any time is made a part of the completion of any appeals, it shall have fully performed its this policy and is subject to all of its terms and provisions. Except as obligations with respect to that matter and shall not be liable for any the endorsement expressly states, it does not (i)modify any of the loss or damage caused to the Insured. terms and provisions of the policy,(ii)modify any prior endorsement, (b) In the event of any litigation,including litigation by the Company or (iii) extend the Date of Policy, or (iv) increase the Amount of with the Company's consent,the Company shall have no liability for Insurance. loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to 16. SEVERABILITY the Title,as insured. In the event any provision of this policy,in whole or in part,is held invalid (c) The Company shall not be liable for loss or damage to the Insured for or unenforceable under applicable law,the policy shall be deemed not to liability voluntarily assumed by the Insured in settling any claim or include that provision or such part held to be invalid, but all other suit without the prior written consent of the Company. provisions shall remain in full force and effect. 10. REDUCTION OF INSURANCE;REDUCTION OR TERMINATION OF 17. CHOICE OF LAW;FORUM LIABILITY (a) Choice of Law: The Insured acknowledges the Company has All payments under this policy, except payments made for costs, underwritten the risks covered by this policy and determined the attorneys' fees, and expenses, shall reduce the Amount of Insurance by premium charged therefor in reliance upon the law affecting interests the amount of the payment. in real property and applicable to the interpretation,rights,remedies, or enforcement of policies of title insurance of the jurisdiction where 11. LIABILITY NONCUMULATIVE the Land is located. The Amount of Insurance shall be reduced by any amount the Company Therefore, the court or an arbitrator shall apply the law of the pays under any policy insuring a Mortgage to which exception is taken in jurisdiction where the Land is located to determine the validity of Schedule B or to which the Insured has agreed, assumed, or taken claims against the Title that are adverse to the Insured and to subject,or which is executed by an Insured after Date of Policy and which interpret and enforce the terms of this policy. In neither case shall is a charge or lien on the Title,and the amount so paid shall be deemed a the court or arbitrator apply its conflicts of law principles to determine payment to the Insured under this policy. the applicable law. (b) Choice of Forum: Any litigation or other proceeding brought by the 12. PAYMENT OF LOSS Insured against the Company must be filed only in a state or federal When liability and the extent of loss or damage have been definitely fixed court within the United States of America or its territories having in accordance with these Conditions,the payment shall be made within 30 appropriate jurisdiction. days. 18. NOTICES,WHERE SENT 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT Any notice of claim and any other notice or statement in uniting required to be (a) Whenever the Company shall have settled and paid a claim under given to the Company under this policy must be given to the Company at Claims this policy, it shall be subrogated and entitled to the rights of the Department at P.O.Box 2029,Houston,TX 77252-2029. Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys'fees,and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. 14. ARBITRATION Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy,any service in connection with its issuance or the breach of a policy provision,or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is$2,000,000 or less shall be arbitrated at the option of either the Company or the Insured. All arbitrable matters when the Amount of Insurance is in excess of$2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment ALTA Owner's Policy(6-17-06) SCHEDULE A Name and Address of Stewart Title Guaranty Company Title Insurance Company: 1980 Post Oak Blvd., Houston, TX 77056 File No.: 690551 RT Policy No.: 0-9301-002399197 17929 S.E. 272nd Street, Kent, WA 98042 Amount of Insurance: $350,000.00 Premium: $1,188.00 Date of Policy: March 31, 2016 at 5:00 P.M. 1. Name of Insured: City of Kent, a Washington municipal corporation 2. The estate or interest in the Land that is insured by this policy is: FEE SIMPLE 3. Title is vested in: City of Kent, a Washington municipal corporation 4. The Land referred to in this policy is described as follows: See attached Schedule A, Page 2: "Exhibit A—Legal Description" Part 2 of Policy Serial No. 0-9301-002399197 File No.: 690551 RT File No.690551 RT ALTA Owner's Policy(6-17-06) SCHEDULE A (continued) Exhibit A— Legal Description The North half of the Northeast quarter of the Northeast quarter of the Northeast quarter of Section 36, Township 22 North, Range 5 East, W.M., in King County, Washington; Except Road; Also the South half of the Northeast quarter of the Northeast quarter of the Northeast quarter of Section 36, Township 22 North, Range 5 East, W.M., in King County, Washington. Situate in the County of King, State of Washington. File No.690551 RT ALTA Owner's Policy(6-17-06) File No.: 690551RT Policy No: 0-9301-002399197 SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the public records. 2. (i) Unpatented mining claims; (ii) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (iii) water rights, claims or title to water; whether or not the matters described in (i), (ii), & (iii) are shown in the public records; (iv) Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes. 3. Rights or claims of parties in possession not shown by the public records. 4. Easements, claims of easements or encumbrances which are not shown by the public records. 5. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey and inspection of the premises and which are not shown by the public records. 6. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 7. Any service, installation, connection, maintenance,tap, capacity, construction or reimbursement charges for sewer, water, electricity or other utilities, or for garbage collection and disposal. 8. Any titles or rights asserted by anyone, including but not limited to persons, corporations, governments, or other entities, to tidelands, or lands comprising the shores or bottoms of navigable rivers, lakes, bays, ocean or gulf, or lands beyond the line of the harbor or bulkhead lines as established or changed by the Unites States Government, or riparian rights, if any. 9 Minerals of whatsoever kind, subsurface and surface substances, including but not limited to coal, lignite, oil, gas, uranium, clay, rock, sand and gravel in, on, under and that may be produced from the Land, together with all rights, privileges, and immunities relating thereto, whether or not appearing in the Public Records or listed in Schedule B. The Company makes no representation as to the present ownership of any such interests. There may be leases, grants, exceptions or reservations of interests that are not listed. 10. General taxes and charges: 1st half delinquent May 1, if not paid; 2nd half delinquent November 1, if not paid. Year: 2016 Amount billed: $11,087.72 Amount paid: $ 5,543.86 Amount unpaid: $ 5,543.86 Tax Account No.: 362205-9001-07 Levy code: 1063 Assessed value of land: $841,500.00 Assessed value of improvements: $1,000.00 Affects: South half File No.690551 RT ALTA Owner's Policy(6-17-06) 11. General taxes and charges: 1st half delinquent May 1, if not paid; 2nd half delinquent November 1, if not paid. Year: 2016 Amount billed: $2,336.78 Amount paid: $1,168.39 Amount unpaid: $1,168.39 Tax Account No.: 362205-9184-06 Levy code: 1063 Assessed value of land: $182,500.00 Assessed value of improvements: $0.00 Affects: North half 12. Easement and the terms and conditions thereof: Grantee: Pacific Northwest Bell Telephone Company, a Washington corporation Purpose: Underground communication lines Area affected: a portion of said premises Recorded: February 19, 1975 Recording No.: 7502190482 13. Easement and the terms and conditions thereof: Grantee: Pacific Northwest Bell Telephone Company, a Washington corporation Purpose: Underground communication lines Area affected: a portion of said premises Recorded: February 19, 1975 Recording No.: 7502190484 14. Easement and the terms and conditions thereof: Grantee: Pacific Northwest Bell Telephone Company, a Washington corporation Purpose: Underground communication lines Area affected: a portion of said premises Recorded: February 19, 1975 Recording No.: 7502190485 15. Easement and the terms and conditions thereof: Grantee: Pacific Northwest Bell Telephone Company, a Washington corporation Purpose: Underground communication lines, conduits Area affected: a portion of said premises Recorded: March 5, 1980 Recording No.: 8003050584 16. Easement and the terms and conditions thereof: Grantee: Puget Sound Power& Light Company Purpose: Underground electric transmission and/or distribution line(s) Area affected: a portion of said premises Recorded: April 3, 1980 Recording No.: 8004030505 17. Declaration of covenants and the terms and conditions thereof, preventing certain practices in the use of that portion of the land lying within 100 feet from a well, as disclosed by instrument recorded under Recording No. 8004140531. File No.690551 RT ALTA Owner's Policy(6-17-M) 18. Declaration of Covenant and the terms and conditions thereof: Recorded: April 14, 1980 Recording No.: 8004140532 19. Easement and the terms and conditions thereof: Grantee: City of Kent, a municipal corporation Purpose: Ingress, egress and utilities Area affected: a portion of said premises Recorded: September 3, 1982 Recording No.: 8209030001 20. Easement and the terms and conditions thereof: Grantee: Pacific Northwest Bell Telephone Company, a Washington corporation Purpose: Underground communication lines Area affected: a portion of said premises Recorded: March 19, 1984 Recording No.: 8403190391 21. Easement and the terms and conditions thereof: Grantee: Pacific Northwest Bell Telephone Company, a Washington corporation Purpose: Underground communication lines and above ground cabinet Area affected: a portion of said premises Recorded: April 9, 1985 Recording No.: 8504090927 22. Easement and the terms and conditions thereof: Grantee: City of Kent, a municipal corporation Purpose: Water main with necessary appurtenances Area affected: a portion of said premises Recorded: January 27, 1989 Recording No.: 8901271252 23. Stipulated Order for Immediate Use and Possession and the terms and conditions thereof: Established in Cause No.: 90-2-24267-6 Purpose: Right to enter upon respondents remaining land, where necessary to construct, reconstruct, remove and replace driveways and road approaches; and/or remove improvements, if any, located wholly or partially upon the right-of-way Area affected: a portion of said premises 24. Notice of On-Site Sewage System Operation and Maintenance Requirements, and any terms and conditions thereof: Recorded: February 09, 2016 Recording No.: 20160209000944 File No.690551 RT