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HomeMy WebLinkAboutCAG2023-621 - Supplement - Robert W. Peyton III - Closing Documents: 2nd and Meeker Property Purchase - 03/05/2024 FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: Agreement Routing Form DirAsst: • For Approvals,Signatures and Records Management Dir/Dep: KEN T This form combines&replaces the Request for Mayor's Signature and Contract Cover (optional) WASHINGTON Sheet forms. (Print on pink or cherry colored paper) Originator: Department: T. Reyes-Selden for A. Long Parks, Recreation & Community Services Date Sent: Date Required: 0 Q Mayor or Designee to Sign. Date of Council Approval: Q Interlocal Agreement Uploaded to Website Budqet Account Number: Grant? Yes❑ No❑✓ Budget?❑Yes ONO Type: N/A Vendor Name: Category: Robert W. Peyton, III Purchase/Sale Vendor Number: Sub-Category: Original 0 Project Name: 2nd and Meeker Property Purchase (302 W Meeker St & 308 W Meeker St) nommir— oProject Details: Closing documents for Robert W. Peyton, III related to 2nd and Meeker Property Purchase. c EO Basis for Selection of Contractor: � Agreement $352681.51 Other *Memo to Mayor must be attached i Start Date: Termination Date: a Local Business?❑Yes❑✓ No*If meets requirements per KCC 3.70.100,please complete"Vendor Purchase-Local Exceptions"form on Cityspace. Business License Verification: ❑Yes❑In-Process❑Exempt(KCC 5.01.045) ❑Authorized Signer Verified Notice required prior to disclosure? Contract Number:= ❑Yes❑No CAG2024-170 Comments: aClosing documents coming through email via DocuSign. 0 � c � 0 a a Date Received:City Attorney: 2/29/24 Date Routed:Mayor's Offic 3/4/24 'ty Clerk's Office 4/12/2 adccW22373_7_20 Visit Documents.KentWA.gov to obtain copies of all agreements rev.20221201 Instrument Number:20240306000318 Document:WD Rec:$304.50 Page-1 of 2 Excise Does:3272537 Selling Price:$347,000.00 Tax Amount:$5,557.00 Record Date:3/6/2024 11:09 AM Electronically Recorded King County,WA When recorded return to: City of Kent 220 4th Ave S Kent,WA 98032 FIDELITY NATIONAL TITLE 611334644 Filed for record at the request of: 'Fidelity National Title 5006 Center Street,Suite J Tacoma,WA 98409-2314 Escrow No.: 611334644 STATUTORY WARRANTY DEED THE GRANTOR(S)Robert W.Peyton,III,an unmarried man,as his separate estate for and in consideration of Ten And No/100 Dollars ($10.00) and other good and valuable consideration and as part of Grantor's IRC Section 1031 Tax Deferred Exchange in hand paid,conveys and warrants to City of Kent,a Washington municipal corporation the following described real estate,situated in the County of King,State of Washington: LOT 9,BLOCK 6,YESLER'S FIRST ADDITION TO THE TOWN OF KENT,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 5 OF PLATS,PAGE 64,RECORDS OF KING COUNTY,WASHINGTON. SITUATE IN THE COUNTY OF KING,STATE OF WASHINGTON. Abbreviated Legal:(Required if full legal not inserted above.) Tax Parcel Number(s): 982570-0385-04, Subject to: 1. RIGHTS,RESERVATIONS,COVENANTS,CONDITIONS,RESTRICTIONS,AGREEMENTS, NOTES,DEDICATIONS,ENCROACHMENTS,AND EASEMENTS PRESENTLY OF RECORD. Statutory Warranty Deed(LPB 10-05) WA000005g.doc/Updated:03.22.23 Page 1 WA-FT-FTMA-01530.611051-611334644 Instrument Number:20240306000318 Document:WD Rec:$304.50 Page-2 of 2 Record Date:3/6/2024 11:09 AM King County,WA STATUTORY WARRANTY DEED (continued) Dated: March 5,2024 Robert W.Peyto ,I I State of WPI County of This record wa77:1yoremeon3j5j-LwL--j by Robert VV.Peyton,III. (Signature of no ry pub tc Notary Public in and for the Slate of My commission expires: 3 0v Lo KENNY WHITE NOTARY PUBLIC#164991 STATE OF WASHINGTON COMMISSION EXPIRES MARCH 29,2025 Statutory Warranty Deed(LPe 1"5) WA-FT-FTMA.01530.611051.611334644 WA0000059.doe I Updated:03.22.23 Page 2 DocuSign Envelope ID:8988E97C-BFOB-4A9B-B6E9-3F65EB74A8E2 5006 Center Street,Suite J Fidelity National Title Tacoma,WA 98409-2314 COMPANY01 WWASnINA TJON NC Phone: (253)272-4070/Fax: (877)236-4110 WIRING INFORMATION Our wiring instructions for the transaction referenced herein are as follows: To: Fidelity National Title Company of Washington, Inc. Bank: US Bank 535 Westminster Mall Westminster, California 92683 ABA/Routing No.: 122235821 (This ABA/Routing Number maps to numerous locations. This is the location for our Customer Service.) Fed Telegraphic Name: BK COMRCE SD Account Name: Fidelity National Title Company of Washington, Inc. Account No.: 153595147676 Please refer to our Escrow No.: 611334644-LSH For Reference Purposes: Buyer(s): City of Kent Property: 308 W Meeker St • Kent,WA 98032 , FRAUD ALERT! PLEASE READ THESE WIRE INSTRUCTIONS WILL NOT CHANGE FAIways receive ANY communications attempting to change these instructions, please immediately call your escrow officer at(253)272-4070. verbally verify wire instructions with us before initiating a wire transfer. Please take this form with you to your bank. Official Checks are not the same as Cashier's Checks. Cashier's Checks will have funds available within 24 hours; Official Checks will have funds available in 3-5 business days. PLEASE NOTE: OUR OFFICE DOES NOT ACCEPT ACH (Automated Clearing House) TRANSFERS SUCH AS DIRECT DEPOSITS. THESE INSTRUCTIONS ARE FOR THE PURPOSE OF SENDING WIRE TRANSFERS ONLY. *' Be aware! Online banking fraud is on the rise. If you receive an email containing WIRE TRANSFER INSTRUCTIONS call your escrow officer immediately to verify the information prior to sending funds.** Wire Information Printed: 02.28.24 @ 04:50 PM by LSH SSCORPD1807.doc/Updated: 01.16.24 Page 1 WA-FT-FTMA-01530.611051-611334644 DocuSign Envelope ID:8988E97C-BFOB-4A9B-B6E9-3F65EB74A8E2 Fidelity National Title Company of Washington, Inc. 5006 Center Street,Suite J,Tacoma,WA 98409-2314 Phone:(253)272-4070 1 Fax:(877)236-4110 ESTIMATED MASTER STATEMENT Settlement Date: March 5,2024 Escrow Number: 611334644 Disbursement Date: March 6,2024 Escrow Officer: Lisa Hayes Email: Lisa.Hayes@fnf.com Buyer: City of Kent 220 4th Ave S Kent,WA 98032 Exchangor: 1031 Services,Inc.,as Qualified Intermediary for Robert W.Peyton, III 1950 Alaskan Way#435 Seattle,WA 98101 Property: 308 W Meeker St Kent,WA 98032 EXCHANGOR BUYER $ DEBITS $ CREDITS $ DEBITS $ CREDITS FINANCIAL CONSIDERATION 347,000.00 Sale Price of Property 347,000.00 EM Deposit 5,000.00 PRORATIONS/ADJUSTMENTS 465.74 County Taxes at$724.49 465.74 03/06/24 to 06/30/24 TITLE&ESCROW CHARGES Escrow Fee to Fidelity National Title Company of 2,206.00 Washington,Inc. Exchange Escrow Processing to Fidelity National 330.90 Title Company of Washington, Inc. Recording Service Fee to Simplifile to Simplifile 15.00 Owner's Title Insurance to Fidelity National Title 1,347.87 Company of Washington,Inc. Policies to be issued: Owners Policy Coverage:$347,000.00 Premium: $1,222.00 Version:ALTA Owner's Policy 2021 w-WA Mod GOVERNMENT CHARGES Recording Fees to County Auditor 609.00 Deed-King WA $304.50 Gov Lien Release-King WA $304.50 Excise Tax to King County Treasury 5,557.00 MISCELLANEOUS CHARGES Mobile Notary-Seller to Advanced Mobile Notary 150.00 1,000.00 Exchange Fee to 1031 Services,Inc. 724.49 Property Taxes 1st half 2024 to King County Treasury 9825700385-04 345,741.25 Proceeds for Exchange to 1031 Services,Inc_ 347,465.74 347,465.74 Subtotals 357,681.51 5,000.00 Balance Due FROM Buyer 352,681.51 347,465.74 347,465.74 TOTALS 357,681.51 357,681.51 Page 1 of 2 (611334644/71)February 28,2024 04:51 PM DocuSign Envelope ID:8988E97C-BFOB-4A9B-B6E9-3F65EB74A8E2 ESTIMATED MASTER STATEMENT-Continued I have carefully reviewed the Settlement Statement and to the best of my knowledge and belief,it is a true and accurate statement of all receipts and disbursements to be made on my account or by me in this transaction.I further certify that I have received a copy of the Settlement Statement. EXCHANGOR: BUYER: 1031 Services,Inc. City of Kent D...$1 ,d by: 3/4/2024 Julia Christie Date Dana Ralph Date Admin Assistant Mayor READ AND APPROVED: Robert W.Peyton,III Date Page 2 of 2 (611334644/71)February 28,2024 04:51 PM DocuSign Envelope ID:8988E97C-BFOB-4A9B-B6E9-3F65EB74A8E2 Fidelity National Title DISBURSEMENT OF PROCEEDS/WIRE TRANSFER INSTRUCTIONS cOLIYA`1Y OF%NSIINGTON,MC. (BUYER) Fidelity National Title Company of Washington,Inc. Date: March 1,2024 5006 Center Street,Suite J Escrow No.: 611334644-LSH Tacoma,WA 98409-2314 Property: 308 W Meeker St Phone: (253)272-4070 Fax: (877)236-4110 Kent,WA 98032 The undersigned hereby authorizes and directs Fidelity National Title Company of Washington, Inc. to wire transfer funds,as indicated below,to the Receiving Bank and Account or to disburse proceeds/refunds as indicated below. The undersigned warrants that the information provided in this Authorization is complete and accurate. NET PROCEEDS DUE THE UNDERSIGNED to be: ❑ Wire Transfer(complete instructions below) (Your bank may charge you for this service) Disbursed as indicated: ❑ HOLD for Pick Up ❑ Overnight Delivery(The actual charge for this service may be deducted from the funds) ❑ CALL when check is ready for Pick Up,Phone No. ® Mail: (Complete Forwarding Mailing Address below) ❑ Transfer funds in the amount of$ to ❑ OTHER: Wire Transfer Instructions Receiving Bank: City/State: ABA No.: **Account Name: Account No.: For further credit to: Account No.: Notify: Phone: Memo: Other: NOTE: There may be a delay in crediting your account if your financial institution is using the services of a receiving bank which is online with the Federal Reserve for wire transfer purposes. Some credit unions and investment banks/brokerage firms operate this way. Provided that the funds are wire transferred in accordance with these instructions, Fidelity National Title Company of Washington, Inc. shall not be liable for any act or omission of any financial institution or any other person, nor shall Fidelity National Title Company of Washington, Inc. have any liability for loss of funds or interest thereon. In no event will damages exceed interest at a rate equal to Federal Funds rate, adjusted daily,for the number of days that such funds are unavailable. The undersigned shall indemnify and hold harmless Fidelity National Title Company of Washington, Inc., its successors or assigns, from any loss, liability and cost incurred as a result of any incorrect information supplied. In no event shall Fidelity National Title Company of Washington, Inc. be liable for any special, consequential,indirect or incidental damages,regardless of whether any claim is based on contract or tort whether the likelihood of such damage was known to Fidelity National Title Company of Washington,Inc.. END OF INSTRUCTIONS El-Disbursement Printed: 03.01.24 @ 10:14 AM by LSH SSCORPD1895.doc/Updated:08.29.23 Page 1 wA-FT-FTMA-01530.611051-611334644 DocuSign Envelope ID:8988E97C-BFOB-4A9B-B6E9-3F65EB74A8E2 DISBURSEMENT OF PROCEEDSIWIRE TRANSFER INSTRUCTIONS (BUYER) (continued) IN WITNESS WHEREOF,the undersigned have executed this document on the date(s)set forth below. City of Kent 0 sg dby: B NIL 3/4/2024 ana a p Date Mayor Forwarding Address: (FOR INTERNAL PURPOSES ONLY) 220 4th Ave S Received in Person From: Kent,WA 98032 Spoke To: Phone: Company/Party: Email: Phone No.: Reason for Change: Date/Time: ! Confirmed By: El-Disbursement Printed:03.01.24 @ 10:14 AM by LSH SSCORPD1895.doc/Updated: 08.29.23 Page 2 WA-FT-FTMA-01530.611051-611334644 DocuSign Envelope ID:8988E97C-BFOB-4A9B-B6E9-3F65EB74A8E2 Fidelity National Title PURCHASERS APPROVAL OF TITLE REPORT AND EXCEPTIONS 4f1MPAN Ot%i11,111\(MM INC Order No.: 611334644-PL Property: 308 W Meeker St,Kent,WA 98032 You have submitted to us for examination,a preliminary title report/commitment no.611334644 issued by Fidelity National Title Company of Washington, Inc.and dated . Said product has been read and approved by us and we understand that the Statutory Warranty Deed executed by the seller in this transaction will be subject to paragraphs 1,2nd half 2024 taxes,3 of said title report,as will the final title policy. We certify that we take no exception to said paragraphs, and they have no adverse effect as to our intended use of the property. IN WITNESS WHEREOF,the undersigned have executed this document on the date(s)set forth below. City of Kent BYVo Si d nr: 9&,o.�J, 3/4/2024 Dana'RM Date Mayor Purchasers Approval of Title Report Printed: 02.28.24 @ 04:51 PM by LSH WA00000319.doc/Updated: 12.08.15 Page 1 WA-FT-FTMA-01530.611051-611334644 DocuSign Envelope ID:8988E97C-BFOB-4A9B-B6E9-3F65EB74A8E2 Fidelity National Title COUNTY PROPERTY TAX INFORMATION COMPhvY01 PSIS111M;1aN.M-C THE PROPERTY TAX ACCOUNT NUMBER IS: 982570-0385-04 King County Treasury 201 S Jackson Street,#710 Seattle,WA 98104 Phone: THIS PARCEL IS PART OF A SEG.&A PARCEL NO.HAS NOT BEEN ASSIGNED YET N The next property tax due date is: October 31,2024 5 Subsequent taxes are to be paid by: Property Owner The owner of land in the State of Washington is responsible for the payment of taxes levied against their real estate. You should verify the name and address on the treasurer's tax rolls to ensure the correct delivery of your annual tax statement. It you do not receive a tax statement it is your responsibility to contact the appropriate County Treasurer's Office. If your taxes are to be paid by your mortgage company, you will not receive a tax statement,they will receive the yearly tax information. IN WITNESS WHEREOF,the undersigned have executed this document on the date(s)set forth below. City of Kent D Sig�tlM bby��: BY VOK& 3/4/2024 07 hTV"R Date Mayor County Property Tax Information Printed:02.28.24 @ 04:51 PM by LSH WA00000742.doc/Updated: 12.08.15 Page 1 WA-FT-FTMA-01530.611051-611334644 DocuSign Envelope ID:8988E97C-BFOB-4A9B-B6E9-3F65EB74A8E2 Fidelity National Title WAIVER OF UTILITY SERVICE HOUSE BILL 2388 47)hfPANS'9F WVANHI`G10,N.INC. Escrow No.: 611334644-LSH Property: 308 W Meeker St,Kent,WA 98032 The undersigned purchaser and seller agree to waive the services of the closing agent in administering the disbursement of closing funds necessary to satisfy unpaid charges assessed by the utility companies servicing the above referenced property. Closing agent shall not be held liable or responsible in connection with payment of said utility bills now or hereafter the close of escrow. IN WITNESS WHEREOF,the undersigned have executed this document on the date(s)set forth below. BUYER(S): City of Kent BYVo sie�<a nr: OIA 3/4/2024 Dana jT�W Date Mayor EXCHANGOR(S): Robert W. Peyton, III Date Waiver of Utility Service Printed: 02.28.24 @ 04:51 PM by LSH WA00000311.doc/Updated: 12.08.15 Page 1 WA-FT-FTMA-01530.611051-611334644 DocuSign Envelope ID:8988E97C-BFOB-4A9B-B6E9-3F65EB74A8E2 Fidelity National Title ESCROW INSTRUCTIONS (Sale) COMPAKY M asV.lu1"61OX.nc. Fidelity National Title Company of Washington, Inc. Date: February 28,2024 5006 Center Street,Suite J Escrow No.: 611334644-LSH Tacoma,WA 98409-2314 Buyer(s): City of Kent Phone: (253)272-4070 Fax: (877)236-4110 Exchangor(s): Robert W.Peyton, III Property: 308 W Meeker St Kent,WA 98032 CLOSING AGREEMENT AND ESCROW INSTRUCTIONS For Purchase and Sale Transaction The undersigned buyer and seller (referred to herein as "the Parties") hereby designate and appoint Fidelity National Title Company of Washington, Inc. (referred to herein as"Escrow Holder")to act as their closing agent according to the following agreements and instructions. IT IS AGREED,AND THE ESCROW HOLDER IS INSTRUCTED AS FOLLOWS: TERMS OF SALE The terms and conditions of the transaction which is the subject of these instructions (referred to herein as "the transaction") are set forth in the parties' Purchase and Sale Agreement (referred to herein as "the parties' agreement"),which is made a part of these instructions by this reference. Any changes to the parties'agreement will be made a part of these instructions,without further reference when signed by the parties and delivered to the Escrow Holder. These instructions are not intended to amend, modify or supersede the terms and conditions of the parties' agreement and if there is any conflict or inconsistency between these instructions and the parties' agreement,the terms and conditions of the parties'agreement shall prevail. DESCRIPTION OF REAL PROPERTY The real property which is the subject of the transaction (referred to herein as "the property") is identified in the parties' agreement. The document required to close the transaction must contain the "legal description" of the property. If the parties'agreement does not contain the correct legal description,the parties or the designated real estate professional shall obtain an addendum setting forth the legal description as soon as possible and deliver it to the Escrow Holder. CLOSING DATE The date on which the documents required to close the transaction are filed for record (referred to herein as"the closing date")shall be on or before the date for closing of the transaction specified in the parties'agreement or in an addendum extending the date, unless the closing date falls within the three (3) day rescission period after delivery to the buyer of an amended real property transfer disclosure statement, in which case the closing date shall be extended until the expiration of the three-day rescission period. DOCUMENTS The Escrow Holder is instructed to select,prepare,complete,correct,receive,hold, record and deliver documents as necessary to close the transaction. The Escrow Holder may request that certain documents be prepared or obtained by the parties or their attorneys, in which case the principal shall deliver the requested documents to the Escrow Holder before the closing date. Execution of any document will be considered approval of its form and contents by each principal signing such document. El-Sale Printed:02.28.24 @ 04:51 PM by LSH WA00000743.doc/Updated: 10.25.19 Page 1 WA-FT-FTMA-01530.611051-611334644 DocuSign Envelope ID:8988E97C-BFOB-4A9B-B6E9-3F65EB74A8E2 ESCROW INSTRUCTIONS (Sale) (continued) DEPOSIT OF FUNDS The law dealing with the disbursement of funds requires that all funds be available for withdrawal as a matter of right by the title entity's escrow and/or sub escrow account prior to disbursement of any funds. Cashier's checks and Certified checks may be available one business day after deposit. All other funds such as personal,corporate or partnership checks and drafts are subject to mandatory holding periods which may cause material delays in disbursement of funds in this escrow. In order to avoid delays,all funds should be wire transferred. Outgoing wire transfers will not be authorized until confirmation of the respective incoming wire transfer or of availability of deposited checks. Deposit of funds into general escrow trust account unless instructed otherwise. You may instruct the Escrow Holder to deposit your funds into an interest bearing account by signing and returning the "Escrow Instructions- Interest Bearing Account". If you do not so instruct us,then all funds received in this escrow shall be deposited with other escrow funds in one or more general escrow trust accounts, which include both non-interest bearing demand accounts and other depository accounts of.Escrow Holder, in any state or national bank or savings and loan association insured by the Federal Deposit Insurance Corporation (the"depository institutions")and may be transferred to any other such escrow trust accounts of Escrow Holder or one of its affiliates,either within or outside the State of Washington. A general escrow trust account is restricted and protected against claims by third parties and creditors of Escrow Holder and its affiliates. RECEIPT OF BENEFITS BY ESCROW HOLDER AND AFFILIATES The parties to this escrow acknowledge that the maintenance of such general escrow trust accounts with some depository institutions may result in closing or its affiliates being provided with an array of bank services, accommodations or other benefits by the depository institution. Escrow Holder or its affiliates also may elect to enter into other business transactions with or obtain loans for investment or other purposes from the depository institution. All such services, accommodations, and other benefits shall accrue to Escrow Holder or its affiliates and Escrow Holder shall have no obligation to account to the parties to this escrow for the value of such services, accommodations,interest or other benefits. Said funds will not earn interest unless the instructions otherwise specifically state that funds shall be deposited in an interest-bearing account. All disbursements shall be made by check or wire transfer from Fidelity National Title Company of Washington, Inc.. The parties to this escrow are hereby notified that the funds deposited herein are insured only to the limit provided by the Federal Deposit Insurance Corporation. Any instruction for bank wire will provide reasonable time or notice for Escrow Holder's compliance with such instruction. Escrow Holder's sole duty and responsibility shall be to place said wire transfer instructions with its wiring bank upon confirmation of (1)satisfaction of conditions precedent or(2)document recordation at close of escrow. Escrow Holder will NOT be held responsible for lost interest due to wire delays caused by any bank or the Federal Reserve System, and recommends that all parties make themselves aware of banking regulations with regard to placement of wires. In the event there is insufficient time to place a wire upon any such confirmation or the wires have closed for the day, the parties agree to provide written instructions for an alternative method of disbursement. WITHOUT AN ALTERNATIVE DISBURSEMENT INSTRUCTION, FUNDS WILL BE HELD IN TRUST IN A NON-INTEREST BEARING ACCOUNT UNTIL THE NEXT OPPORTUNITY FOR WIRE PLACEMENT. SETTLEMENT STATEMENT The Escrow Holder is instructed to prepare a settlement statement showing all funds deposited for the account of each of the parties and the proposed disbursement from such funds. No funds shall be disbursed until the parties have examined and approved the settlement statement. Some items may be estimated and the final amount of each estimated item will be adjusted to the exact amount required to be paid at the time of disbursement. The settlement statement will be subject to audit and any errors or omissions may be corrected at any time. If any monetary error is found, the amount will be immediately paid by the party liable for such payment to the parry entitled to receive it. El-Sale Printed: 02.28.24 @ 04:51 PM by LSH WA00000743.doc/Updated: 10.25.19 Page 2 WA-FT-FTMA-01530.611051-611334644 DocuSign Envelope ID:8988E97C-BFOB-4A9B-B6E9-3F65EB74A8E2 ESCROW INSTRUCTIONS (Sale) (continued) PRORATIONS AND ADJUSTMENTS All prorations and/or adjustments called for in this escrow are to be made on the basis of a 365-day year unless otherwise instructed in writing. You are to use information contained on last available tax statement, rental statement as provided by the Seller, beneficiary's statement and fire insurance policy delivered into escrow for the prorations provided for herein. TITLE INSURANCE The Escrow Holder is instructed to obtain and forward to the parties a preliminary commitment for title insurance on the property and any other parcel of real property that obligation created in the transaction(referred to herein as "the title report"). The Escrow Holder is authorized to rely on the title report in the performance of its duties and shall have no responsibility or liability for any title defects or encumbrances which are not disclosed in the title report. ENCUMBRANCES The Escrow Holder is to act upon any statements furnished by a lienholder or his agent without liability or responsibility for the accuracy of such statements. Any adjustments necessary because of a discrepancy between the information furnished Escrow Holder and any amount later determined to be correct shall be settled between the parties directly and outside of escrow. You are authorized,without the need for further approval,to debit my account for any fees and charges that I have agreed to pay in connection with this escrow, and for any amounts that I am obligated to pay to the holder of any lien or encumbrance to establish the title as insured by the policy of title insurance called for this transaction. If for any reason my account is not debited for such amounts at the time of closing, I agree to pay them immediately. The Escrow Holder is instructed to request a written statement from the holder of each existing encumbrance on the property,verifying its status,terms, balance owing,and,if it will not be removed,the requirements which must be met to obtain a waiver of any due-on-sale provision. The Escrow Holder is authorized to rely upon such written statement in the performance of its duties,without liability or responsibility for their accuracy or completeness. INSTRUCTIONS FROM THIRD PARTIES If any written instructions necessary to close the transaction according to the parties' agreement are given to the Escrow Holder by anyone other than the parties or their attorneys,such instructions are accepted and agreed to by the parties. DISCLOSURE OF INFORMATION TO THIRD PARTIES The Escrow Holder is authorized to furnish, upon request, copies of any closing documents, agreements or instructions concerning the transaction to the parties' attorneys, and to any real estate agent, lender or title insurance company involved in the transaction. Other papers or documents containing personal or financial information concerning any party may not be released to anyone other than the parties'attorney or lender,without prior written approval. POTENTIAL LEGAL PROBLEMS If the Escrow Holder becomes aware of any facts, circumstances or potential problems which in the Escrow Holder's opinion should be reviewed by any of the parties' attorneys, the Escrow Holder is authorized, in its sole discretion, to advise the parties of such facts, circumstances or potential problems and recommend that legal counsel be sought. ESCROW HOLDER'S FEES AND EXPENSES El-Sale Printed:02.28.24 @ 04:51 PM by LSH WA00000743.doc I Updated: 10.25.19 Page 3 WA-FT-FTMA-01530.611051-611334644 - Ali ,t -- DocuSign Envelope ID:8988E97C-BFOB-4A9B-B6E9-3F65EB74A8E2 ESCROW INSTRUCTIONS (Sale) (continued) The Escrow Holder's fee is intended as compensation for services set forth in these instructions. If additional services are required to comply with any change or addition to the parties'agreement or these instructions,or as a result of any party's assignment of interest or delay in performance,the parties agree to pay a reasonable fee for such services. The parties shall also reimburse the Escrow Holder for any out-of-pocket costs and expenses incurred by it under these instructions. The Escrow Holder's fees, costs and expenses shall be due and payable on the closing date or other termination of the Escrow Holder's duties and responsibilities under these instructions, and shall be paid one-half each by buyer and seller unless otherwise provided in the parties'agreement. CANCELLATION These instructions may be canceled by a written agreement, signed by all of the parties, and payment of the Escrow Holder's fees, costs and expenses, if any. Upon receipt of such agreement and payment, the Escrow Holder shall return any money or documents then held by it to the parties that deposited the same,and shall have no further duties or responsibilities under these instructions. INABILITY TO COMPLY WITH INSTRUCTIONS If the Escrow Holder receives conflicting instructions or determines, for any reason, that it cannot comply with these instructions by the date for closing specified in the parties' agreement or in any written extension of that date, it shall notify the parties, request further instructions, and in its discretion: (1)continue to perform its duties and close the transaction as soon as possible after receiving further instructions,or(2)if no conflicting instruction have been received, return any money or documents then held by it to the parties that deposited the same, less any fees and expenses chargeable to such parry, or (3) commence a court action, deposit the money and documents held by it into the registry of the court,and ask the court to determine the rights of the parties. When the money and documents have been returned to the parties or deposited into the registry of the court,the Escrow Holder shall have no further duties or responsibilities under these instructions. DISPUTES Should any dispute arise between the parties, or any of them, and/or any other party, concerning the property or funds involved in the transaction, the Escrow Holder may, in its sole discretion, hold all documents and funds in their existing status pending resolution of the dispute,or join or commence a court action, deposit the money and documents held by it with the court,and ask the court to determine the rights of the parties. Upon depositing said funds and documents with the court,the Escrow Holder shall have no further duties or responsibilities under these instructions. The parties jointly and severally agree to pay the Escrow Holder's costs, expenses and reasonable attorney's fees incurred in any lawsuit arising out of or in connection with the transaction or these instructions, whether such lawsuit is instituted by the Escrow Holder,the parties,or any other person. RIGHT OF RESIGNATION Escrow holder has the right to resign upon written notice delivered to the parties herein. If such right is exercised, all funds and documents shall be returned to the party who deposited them and Escrow Holder shall have no liability hereunder. NOTICES Any notice, declaration or request made under these instructions shall be in writing, signed by the party giving such notice or making such declaration or request, and personally delivered or mailed to the Escrow Holder and other parties at their addresses set forth in these instructions. AMENDMENTS Any amendment,addition or supplement to these instructions must be in writing,signed by the appropriate parties and delivered to the Escrow Holder. COUNTERPARTS These instructions may be executed in one or more counterparts with like effect as if all signatures appeared on one copy. El-Sale - Printed: 02.28.24 @ 04:51 PM by LSH WA00000743.dcc/Updated: 10.25.19 Page 4 WA-FT-FTMA-01530.611051-611334644 r DocuSign Envelope ID:8988E97C-BFOB-4A9B-B6E9-3F65EB74A8E2 ESCROW INSTRUCTIONS (Sale) (continued) EFFECT These instructions shall bind and benefit the parties,the Escrow Holder,and their successors in interest. INTERPLEADER ACTION The principals hereto expressly agree that you,as Escrow Holder,have the absolute right at your election to file an action in interpleader requiring the principals to answer and litigate their several claims and rights among themselves and you are authorized to deposit with the clerk of the court all documents and funds held in this escrow. In the event such action is filed,the principals jointly and severally agree to pay your cancellation charges and costs, expenses and reasonable attorney's fees which you are required to expend or incur in such interpleader action,the amount thereof to be fixed and judgment therefore to be rendered by the court. Upon the filing of such action, you shall thereupon be fully released and discharged from all obligations imposed by the terms of this escrow or otherwise. DEFINITIONS When used herein or in any amendment,addition or supplement hereto,word and phrases are defined and are to be construed as follows: The word "buyer" and "seller" refer to all persons and entities identified as such by their signatures on this document,jointly and severally unless otherwise indicate, and shall be construed interchangeably with other similar terms as"purchaser", "vendee", "vendor", "grantee", or"grantor"as may be appropriate in the context and circumstances to which such word apply. The word "lender"refers to any lending institution or other party, including the seller if appropriate, that has agreed to provide all or part of the financing of the transaction or to which the buyer has made a loan application. The phrase "these instructions" refers to agreements, instructions and provisions set forth in this document and all amendments,additions and supplements to this document. The phrase "the property" refers to the real property identified in the parties agreement, including any other parcel of real property that will be used to secure payment of any obligation created in the transaction, and does not include any items of personal property unless otherwise specifically stated in these instructions. The phrase"outside of escrow"refers to any duty,obligation or other matter which is the sole responsibility of the parties or of any party,and for which the Escrow Holder shall have no responsibility or liability. In these instructions, singular and plural words, and masculine, feminine, and neuter words, shall be construed interchangeably as may be appropriate in the context and circumstances to which such words apply. MATTERS TO BE COMPLETED BY THE BUYER AND SELLER IMPORTANT-READ CAREFULLY THE FOLLOWING ITEMS MUST BE COMPLETED BY THE PARTIES,OUTSIDE OF ESCROW,AND ARE NOT PART OF THE ESCROW HOLDER'S DUTIES UNDER THESE INSTRUCTIONS. DISCLOSURES,INSPECTIONS AND APPROVAL OF THE PROPERTY Any required disclosures concerning the property,or inspections or approvals of the property or of improvements, additions or repairs to the property will be arranged and completed by the parties,outside of escrow. The Escrow Holder shall have no liability with respect to the accuracy of any disclosures made,or for the physical condition of the property,or any buildings,improvements, plumbing,heating,cooling,electrical,septic,or other systems on the property, and no responsibility to inspect the property, or to otherwise determine or disclose its physical condition, or to determine whether any required disclosures have been made or whether any required improvements, additions or repairs have been satisfactorily completed. El-Sale Printed: 02.28.24 @ 04:51 PM by LSH WA00000743.doc/Updated: 10.25.19 Page 5 WA-FT-FTMA-01530.611051-611334644 DocuSign Envelope ID:8988E97C-BFOB-4A9B-B6E9-3F65EB74A8E2 ESCROW INSTRUCTIONS (Sale) (continued) PERSONAL PROPERTY Any required inspections,approvals or transfers of possession of any owned or leased fixtures,equipment or other items of personal property included in the transaction,and payment of any personal property,sales,or use taxes, will be completed by the parties outside of escrow. Unless otherwise instructed,the Escrow Holder shall have no responsibility with respect to such personal property and shall not be required to determine the status or condition of such personal property,nor calculate, pro-rate,collect,prepare returns for or pay any personal tax,sales tax or use tax arising from the transaction. UTILITIES All orders, cancellations, transfers, payments and adjustment of accounts for water, sewer, garbage collection, electricity, gas,fuel, oil, telephone,television cable and any other utilities or public services will be completed by the parties outside of escrow. Unless otherwise instructed, the Escrow Holder shall have no responsibility to determine, collect, pro-rate or adjust charges for installation of service for any utilities or public services,except to pro-rate existing recurrent assessments for public improvements,if any,which appear on the title report. FIRE OR CASUALTY INSURANCE If a new policy for fire, hazard or casualty insurance on the property is necessary to close the transaction, the buyer will arrange for policy to be issued, outside of escrow, and will provide evidence of the required insurance coverage to the Escrow Holder before the closing date. Unless otherwise instructed,the Escrow Holder shall have no responsibility to contract for or obtain any policy for fire, hazard or casualty insurance on the property, or any assignment of such policy. POSSESSION OF THE PROPERTY The transfer of possession of the property shall be arranged directly between the parties outside of escrow and shall not be the responsibility of the Escrow Holder. COLLECTION AMOUNT If any financing for the transaction will be provided by a private parry,the parties are advised to open a collection account at a financial institution to receive and disburse payments to be made under the private promissory note or contract. The collection account shall be established by the parties outside of escrow and shall not be the responsibility of the Escrow Holder. PAYMENT OF OMITTED TAXES If any additional real property taxes are assessed for recent improvements made to the property and not added to the tax rolls before the closing date,the parties shall pay their respective shares of such omitted taxes, pro-rated as of the closing date,within thirty(30)days after receipt of notification that such taxes have been assessed. The Escrow Holder shall not be responsible or liable for any assessments,collection,or payment of omitted taxes. INDIVIDUAL TAXES The parties are advised to consult with their attorneys to determine whether they must report income, deduct expenses or losses, or withhold or pay any income or business taxes as a result of the transaction. The Escrow Holder shall have no responsibility for the parties'individual tax consequences arising from the transaction. El-Sale Pdntad: 02.28.24 @ 04:51 PM by LSH WA00000743.doc/Updated: 10.25.19 Page 6 WA-FT-FTMA-01530.611051-611334644 DocuSign Envelope ID:8988E97C-BFOB-4A9B-B6E9-3F65EB74A8E2 ESCROW INSTRUCTIONS (Sate) (continued) NON-RESIDENT ALIEN The Foreign Investment in Real Property Tax Act(FIRPTA), Title 26 U.S.C., Section 1445, and the regulations there under, provide in part,that a transferee(buyer)of a U.S. real property interest from a foreign person must withhold a statutory percentage of the amount realized on the disposition, report the transaction and remit the withholding to the Internal Revenue Service(IRS)within twenty(20)days after the transfer. Fidelity National Title Company of Washington, Inc.will not determine nor aid in the determination of whether the FIRPTA withholding provisions are applicable to the subject transaction, nor act as a Qualified Substitute under state or federal law, nor furnish tax advice to any party to the transaction. Fidelity National Title Company of Washington, Inc.will not determine nor aid in the determination of whether the transaction will qualify for an exception or an exemption and is not responsible for the filing of any tax forms with the IRS as they relate to FIRPTA, nor responsible for collecting and holding of any documentation from the buyer or seller on the buyers behalf for the purpose of supporting a claim of an exception or exemption. Fidelity National Title Company of Washington, Inc. is not an agent for the buyer for the purposes of receiving and analyzing any evidence or documentation that the seller in the subject transaction is a U.S. citizen or resident alien. Fidelity National Title Company of Washington, Inc. is not responsible for the payment of this tax and/or penalty and/or interest incurred in connection therewith and such taxes are not a matter covered by the Owner's Policy of Title Insurance to be issued to the buyer. Fidelity National Title Company of Washington, Inc. is not responsible for the completion of any IRS documents or related forms related to the referenced statute. The buyer is advised: they must independently make a determination of whether the contemplated transaction is subject to the withholding requirement; bear full responsibility for compliance with the withholding requirement if applicable and/or for payment of any tax, interest, penalties and/or other expenses that may be due on the subject transaction;and they are responsible for the completion of any and all forms, including but not limited to applicable IRS documentation,and the mailing of those forms. The Buyer is advised any forms,documents,or information received from Fidelity National Title Company of Washington, Inc.is not tax or legal advice and should not be construed as such nor treated as a complete representation of FIRPTA requirements. Buyer should seek outside counsel from a qualified individual to determine any and all implications of the referenced statute. APPROVALS AND PERMITS The parties are advised to consult with their attorneys to determine whether any building, zoning, subdivision, septic system or other construction or land use permits or approvals will be required, either before or after the closing date. The Escrow Holder shall have no responsibility with respect to any such permit or approval, and shall have no liability arising from the failure of any party to obtain, or from the refusal of any governmental authority to grant any such permit or approval. COMPLIANCE WITH CERTAIN LAWS The parties are advised to consult with their attorneys to determine their rights and responsibilities, if any, with respect to disclosures concerning the condition of the property or under the Consumer Protection Act, Truth-in-Lending Act, Interstate Land Sales Act or other similar laws. The Escrow Holder shall have no responsibility for disclosures concerning the condition of the property, or for the parties' compliance, nor any liability arising from the failure of any party to comply,with such requirement. SELLER'S DISCLOSURE Washington law may require the seller to deliver a seller disclosure form to the purchaser of improved, residential property. If applicable,the disclosure requirements must be completed prior to closing. Both parties acknowledge the Escrow Holder is not responsible in any way for preparation or delivery of a Seller Disclosure Form. The parties further acknowledge the purchaser did not deliver a notice of rescission of the purchase and sale agreement. END OF INSTRUCTIONS El-Sale Printed: 02.28.24 @ 04:51 PM by LSH WA00000743.doc/Updated: 10.25.19 Page 7 WA-FT-FTMA-01530.611051-611334644 DocuSign Envelope ID:8988E97C-BFOB-4A9B-B6E9-3F65EB74A8E2 ESCROW INSTRUCTIONS (Sale) (continued) I have had adequate time and opportunity to read and understand these instructions and all other existing documents referred to in the instructions. IN WITNESS WHEREOF,the undersigned have executed this document on the date(s)set forth below. BUYER(S): City of Kent BY:�D Slp�d Cy: VA 3/4/2024 Dagmyp Date Mayor Forwarding Address: Phone: Fax: Email: EXCHANGOR(S): Robert W.Peyton, III Date Forwarding Address: Phone: Fax: Email: El-Sale Printed:02.28.24 @ 04:51 PM by LSH WA00000743.doc/Updated: 10.25.19 Page 8 WA-FT-FTMA-01530.611051-611334644 DocuSign Envelope ID:8988E97C-BFOB-4A9B-B6E9-3F65EB74A8E2 FIDELITY NATIONAL FINANCIAL PRIVACY NOTICE Effective December 1,2023 Fidelity National Financial, Inc. and its majority-owned subsidiary companies (collectively, "FNF," "our," or"we") respect and are committed to protecting your privacy. This Privacy Notice explains how we collect, use, and protect personal information, when and to whom we disclose such information, and the choices you have about the use and disclosure of that information. A limited number of FNF subsidiaries have their own privacy notices. If a subsidiary has its own privacy notice,the privacy notice will be available on the subsidiary's website and this Privacy Notice does not apply. Collection of Personal Information FNF may collect the following categories of Personal Information: • contact information(e.g., name,address,phone number,email address); • demographic information(e.g.,date of birth,gender, marital status); • identity information(e.g.Social Security Number,driver's license,passport,or other government ID number); • financial account information(e.g.loan or bank account information);and • other personal information necessary to provide products or services to you. We may collect Personal Information about you from: • information we receive from you or your agent; • information about your transactions with FNF,our affiliates,or others;and • information we receive from consumer reporting agencies and/or governmental entities, either directly from these entities or through others. Collection of Browsing Information FNF automatically collects the following types of Browsing Information when you access an FNF website, online service,or application(each an"FNF Website")from your Internet browser,computer,and/or device: • Internet Protocol(IP)address and operating system; • browser version,language,and type; • domain name system requests;and • browsing history on the FNF Website,such as date and time of your visit to the FNF Website and visits to the pages within the FNF Website. Like most websites, our servers automatically log each visitor to the FNF Website and may collect the Browsing Information described above. We use Browsing Information for system administration, troubleshooting, fraud investigation, and to improve our websites. Browsing Information generally does not reveal anything personal about you,though if you have created a user account for an FNF Website and are logged into that account, the FNF Website may be able to link certain browsing activity to your user account. Other Online Specifics Cookies. When you visit an FNF Website, a"cookie"may be sent to your computer. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer's hard drive. Information gathered using cookies helps us improve your user experience. For example,a cookie can help the website load properly or can customize the display page based on your browser type and user preferences. You can choose whether or not to accept cookies by changing your Internet browser settings. Be aware that doing so may impair or limit some functionality of the FNF Website. Web Beacons. We use web beacons to determine when and how many times a page has been viewed. This information is used to improve our websites. Do Not Track. Currently our FNF Websites do not respond to "Do Not Track" features enabled through your browser. Pmacy Statement Printed: 02.28.24 @ 04:51 PM by LSH WA00000743.doc Page 9 WA-FT-FTMA-01530.611051-611334644 DocuSign Envelope ID:8988E97C-BFOB-4A9B-B6E9-3F65EB74A8E2 Links to Other Sites. FNF Websites may contain links to unaffiliated third-party websites. FNF is not responsible for the privacy practices or content of those websites. We recommend that you read the privacy policy of every website you visit. Use of Personal Information FNF uses Personal Information for these main purposes: • To provide products and services to you or in connection with a transaction involving you. • To improve our products and services. • To communicate with you about our,our affiliates',and others'products and services,jointly or independently. • To provide reviews and testimonials about our services,with your consent. When Information Is Disclosed We may disclose your Personal Information and Browsing Information in the following circumstances: • to enable us to detect or prevent criminal activity,fraud, material misrepresentation,or nondisclosure; • to affiliated or nonaffiliated service providers who provide or perform services or functions on our behalf and who agree to use the information only to provide such services or functions; • to affiliated or nonaffiliated third parties with whom we perform joint marketing, pursuant to an agreement with them to jointly market financial products or services to you; • to law enforcement or authorities in connection with an investigation, or in response to a subpoena or court order;or • in the good-faith belief that such disclosure is necessary to comply with legal process or applicable laws, or to protect the rights,property,or safety of FNF,its customers,or the public. The law does not require your prior authorization and does not allow you to restrict the disclosures described above. Additionally,we may disclose your information to third parties for whom you have given us authorization or consent to make such disclosure. We do not otherwise share your Personal Information or Browsing Information with nonaffiliated third parties,except as required or permitted by law. We reserve the right to transfer your Personal Information, Browsing Information, and any other information, in connection with the sale or other disposition of all or part of the FNF business and/or assets, or in the event of bankruptcy, reorganization, insolvency, receivership, or an assignment for the benefit of creditors. By submitting Personal Information and/or Browsing Information to FNF, you expressly agree and consent to the use and/or transfer of the foregoing information in connection with any of the above described proceedings. Security of Your Information We maintain physical,electronic,and procedural safeguards to protect your Personal Information. Choices With Your Information Whether you submit Personal Information or Browsing Information to FNF is entirely up to you. If you decide not to submit Personal Information or Browsing Information, FNF may not be able to provide certain services or products to you. For California Residents: We will not share your Personal Information or Browsing Information with nonaffiliated third parties, except as permitted by California law. For additional information about your California privacy rights, please visit the "California Privacy" link on our website (httos://fnf.com/oases/caIiforniaprivacy.asDx) or call (888)413-1748. For Connecticut Residents: For additional information about your Connecticut consumer privacy rights,or to make a consumer privacy request, or to appeal a previous privacy request, please email privacvCc fnf.com or call (888)714-2710. For Colorado Residents: For additional information about your Colorado consumer privacy rights, or to make a consumer privacy request, or appeal a previous privacy request, please email privacvtu7.fnf.com or call (888)714-2710. Privacy Statement Printed:02.28.24 @ 04:51 PM by LSH WA00000743.doc Page 10 WA-FT-FTMA-01530.611051-611334W 7 DocuSign Envelope ID:8988E97C-BFOB-4A9B-B6E9-3F65EB74A8E2 For Nevada Residents: We are providing this notice pursuant to state law. You may be placed on our internal Do Not Call List by calling FNF Privacy at(888)714-2710 or by contacting us via the information set forth at the end of this Privacy Notice. For further information concerning Nevada's telephone solicitation law, you may contact: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101;Phone number: (702)486-3132;email: aginguiries@ag.state.nv.us. For Oregon Residents: We will not share your Personal Information or Browsing Information with nonaffiliated third parties for marketing purposes, except after you have been informed by us of such sharing and had an opportunity to indicate that you do not want a disclosure made for marketing purposes. For Utah Residents: For additional information about your Utah consumer privacy rights,or to make a consumer privacy request,please call(888)714-2710. For Vermont Residents: We will not disclose information about your creditworthiness to our affiliates and will not disclose your personal information, financial information, credit report, or health information to nonaffiliated third parties to market to you, other than as permitted by Vermont law, unless you authorize us to make those disclosures. For Virginia Residents: For additional information about your Virginia consumer privacy rights, or to make a consumer privacy request, or appeal a previous privacy request, please email privacy(@fnf.com or call (888) 714-2710. Information From Children The FNF Websites are not intended or designed to attract persons under the age of eighteen (18). We do not collect Personal Information from any person that we know to be under the age of thirteen(13)without permission from a parent or guardian. International Users FNF's headquarters is located within the United States. If you reside outside the United States and choose to provide Personal Information or Browsing Information to us, please note that we may transfer that information outside of your country of residence. By providing FNF with your Personal Information and/or Browsing Information, you consent to our collection, transfer, and use of such information in accordance with this Privacy Notice. FNF Website Services for Mortgage Loans Certain FNF companies provide services to mortgage loan servicers, including hosting websites that collect customer information on behalf of mortgage loan servicers (the"Service Websites"). The Service Websites may contain links to both this Privacy Notice and the mortgage loan servicer or lender's privacy notice. The sections of this Privacy Notice titled When Information is Disclosed, Choices with Your Information, and Accessing and Correcting Information do not apply to the Service Websites. The mortgage loan servicer or lender's privacy notice governs use, disclosure, and access to your Personal Information. FNF does not share Personal Information collected through the Service Websites, except as required or authorized by contract with the mortgage loan servicer or lender, or as required by law or in the good-faith belief that such disclosure is necessary: to comply with a legal process or applicable law,to enforce this Privacy Notice,or to protect the rights, property,or safety of FNF or the public. Your Consent To This Privacy Notice,Notice Changes By submitting Personal Information and/or Browsing Information to FNF,you consent to the collection and use of the information in accordance with this Privacy Notice. We may change this Privacy Notice at any time. The Privacy Notice's effective date will show the last date changes were made. If you provide information to us following any change of the Privacy Notice, that signifies your assent to and acceptance of the changes to the Privacy Notice. Accessing and Correcting Information,Contact Us If you have questions or would like to correct your Personal Information, visit FNF's Privacy Inquiry Website or contact us by phone at(888)714-2710,by email at privacvafnf.com,or by mail to: Fidelity National Financial, Inc. 601 Riverside Avenue, Jacksonville, Florida 32204 Attn: Chief Privacy Officer Pdvacy Statement Printed:02.28.24 @ 04:51 PM by LSH WA00000743.doc Page 11 WA-FT-FTMA-01530.611051-6113346" DocuSign Envelope ID:8988E97C-BFOB-4A9B-B6E9-3F65EB74A8E2 Fidelity National Title SUPPLEMENT TO CLOSING AGREEMENT AND COMPASY01 IIVONCION.Mc. ESCROW INSTRUCTIONS Fidelity National Title Company of Washington,Inc. Date: February 28,2024 5006 Center Street,Suite J Escrow No.: 611334644-LSH Tacoma,WA 98409-2314 Buyer(s): City of Kent Phone: (253)272-4070 Fax: (877)236-4110 Exchangor(s): Robert W.Peyton, III Property: 308 W Meeker St Kent,WA 98032 This is a part of the Closing Agreement and Escrow Instructions signed by the parties under the Closing Agent's escrow file number set forth above. Except as expressly modified, changed or amended by this supplement, all terms and conditions of the Closing Agreement and Escrow Instructions,and any previous supplements,additions or amendments thereto,shall remain in effect. THE SELLER HAS APPROVED, SIGNED AND DEPOSITED THE FOLLOWING DOCUMENTS WITH THE CLOSING AGENT UNDER THESE INSTRUCTIONS: • Purchase and Sale Agreement • Estimated Settlement Statement/Closing Disclosure • Real Estate Excise Affidavit • Statutory Warranty Deed THE BUYER HAS APPROVED,SIGNED AND DEPOSITED THE FOLLOWING DOCUMENTS WITH THE CLOSING AGENT UNDER THESE INSTRUCTIONS: • Purchase and Sale Agreement • Estimated Settlement Statement • Earnest Money Deposit • Real Estate Excise Affidavit • Loan Documents BY SIGNING THIS DOCUMENT,EACH PARTY ACKNOWLEDGES CONDITIONS OF PARTIES'AGREEMENT SATISFIED All terms and conditions of the parties' agreement have been met to my satisfaction, or will be met, satisfied or complied with outside of escrow. TITLE REPORT APPROVED The Preliminary Commitment for Title Insurance No. 611334644, including the legal description of the property and all attachments,supplements and endorsements to that report, issued by Fidelity National Title Company of Washington,Inc.,is approved by me and made a part of these instructions by this reference. SETTLEMENT STATEMENT APPROVED The settlement statement prepared by the closing agent is approved by me and made a part of these instructions by this reference. I agree to pay my costs, expenses and other obligations itemized on that statement. I understand that any estimated amounts will be adjusted to reflect the exact amounts required when the funds are disbursed,that the settlement statement continues to be subject to audit at any time,and if any monetary error is found,the amount will be paid by the party liable for such payment to the parry entitled to receive it. Supplement to El-Sale Printed: 02.28.24 @ 04:52 PM by LSH WA00000750.doc/Updated: 12.03.19 Page 1 WA-FT-FTMA-01530.611051-611334644 DocuSign Envelope ID:8988E97C-BFOB-4A9B-B6E9-3F65EB74A8E2 SUPPLEMENT TO CLOSING AGREEMENT AND ESCROW INSTRUCTIONS (continued) BY SIGNING THIS DOCUMENT,THE BUYER FURTHER ACKNOWLEDGES PROPERTY APPROVED I have had adequate opportunity to review seller's written disclosure statement, if any,and to inspect the property and determine the exact location of its boundaries. The location and physical condition of the property and any buildings, improvements, plumbing, heating, cooling, electrical or septic systems on the property are approved. I understand that all inspections and approvals of the location and physical condition of the property are my sole responsibility, and are not part of the closing agent's duties and responsibilities. I hereby release and agree to hold the closing agent harmless from any and all claims of liability for loss or damage arising or resulting from any physical condition or defect on the property,or from the location of its boundaries. THE CLOSING AGENT IS INSTRUCTED TO PROCEED AS FOLLOWS INSTRUCTION TO CLOSE The closing agent is instructed to perform its customary closing duties under these instructions, to deliver and record documents according to these instructions, and to disburse the funds according to the settlement statement, adjusting estimated amounts, when the closing agent has the documents required to close the transaction in its possession and has,or will obtain when the documents have been delivered and recorded: 1. Sale proceeds for the seller's account in the sum of Three Hundred Forty-Seven Thousand And No/100 Dollars($347,000.00),to be disbursed according to the settlement statement,and 2. Loan proceeds,if any,for borrower's account,to be disbursed according to the settlement statement,and 3. A policy of title insurance issued pursuant to the Preliminary Commitment for Title Insurance referred to above, insuring the buyer with ALTA Owner's Policy 2021 w-WA Mod liability of Three Hundred Forty-Seven Thousand And No/100 ($347,000.00), having the usual clauses, provisions and stipulations customarily contained in the printed provisions and schedules of such policy forms, insuring the buyers title to the property against all defects or encumbrances except those set forth in the printed exceptions and exclusions customarily contained in the printed provisions and schedules of such policy forms, matters attaching by, through or under the buyer, taxes not yet due, and the matters set forth in the following numbered paragraphs of Schedule B of the Preliminary Commitment for Title Insurance: 1,2nd half 2024 taxes,3,and 4. Such other policies of title insurance as may be required by the Lenders that are providing financing for the transaction. COMPLETION OR CORRECTION OF DOCUMENTS The closing agent is instructed to correct any errors found in any document deposited under these instructions, and to insert as necessary the closing date,the date on which interest begins to accrue, and the dates on which payments must be made,if such items are incomplete. ADJUSTMENTS AND PRO-RATIONS The closing agent is instructed to adjust and pro-rate as of the closing date, real estate taxes for the current year and recurrent assessments. Supplement to El-Sale Printed:02.28.24 @ 04:52 PM by LSH WA00000750.doc/Updated: 12.03.19 Page 2 WA-FT-FTMA-01530.611051-611334644 DocuSign Envelope ID:8988E97C-BFOB-4A9B-B6E9-3F65EB74A8E2 SUPPLEMENT TO CLOSING AGREEMENT AND ESCROW INSTRUCTIONS (continued) PSA CONTINGENCIES HAVE BEEN MET: The undersigned hereby agree that all special conditions and contingencies of the Purchase and Sale Agreement,together with any and all addenda thereto,either have been or will be met to their satisfaction or waived. Fidelity National Title Company of Washington,Inc.,as Escrow Holder,shall only be responsible for closing in accordance with the written terms of the Purchase and Sale Agreement and any other written instructions deposited to escrow. The parties shall hold and its employees harmless from any claim resulting from the failure of any party to meet any additional conditions and/or contingencies. VACANT LAND: Escrow Holder is advised by Purchaser and Seller that the subject property is vacant land. CAUTION: The undersigned Buyer and Seller are aware,or are hereby made aware,Washington has a graduated excise tax rate for sales occurring on or after 1/1/2020 for most properties,although a flat rate applies to properties formally classified and specially valued as timberland or agricultural land on the day of closing. Any conveyance document must be accompanied by the official Washington State Excise Tax Affidavit. The applicable excise tax must be paid and the affidavit approved at the time of the recording of the conveyance documents. Buyer and Seller agree to hold Escrow Holder harmless from liability,responsibility and risk of loss whatsoever(including but not limited to court costs and attorney fees)for any matters that may arise regarding the change to excise tax rates effective 1/1/2020. DOCUMENT RECORDING: The County Recorder's Office(the"Recorder")suspended its guarantee of same day recording for all documents received by 3:30 p.m. The Recorder has also changed its procedures for identifying and returning non-conforming documents. As a result,transactions that are ready to close may be delayed if closing cannot happen until documents are recorded. Buyer and Seller hereby agree that the transaction may be closed and sale proceeds made available to the Seller on the day that documents are sent to the County Recorder. Any delay in recording will not affect the date of closing. Any right or duty of Buyer or Seller related to date of closing will not be affected even if documents are not recorded on the date of closing. The above provision controls over any contrary provision elsewhere in the escrow instructions or in the parties' purchase and sale agreement. ADDITIONAL INSTRUCTIONS NONE Supplement to El-Sale Printed:02.28.24 @ 04:52 PM by LSH WA00000750.doc/Updated: 12.03.19 Page 3 WA-FT-FTMA-01530.611051-611334644 DocuSign Envelope ID:8988E97C-BFOB-4A9B-B6E9-3F65EB74A8E2 SUPPLEMENT TO CLOSING AGREEMENT AND ESCROW INSTRUCTIONS (continued) BY SIGNING THESE INSTRUCTIONS,EACH PARTY ACKNOWLEDGES: I have been specifically informed that the closing agent is forbidden by law from offering any advice concerning the merits of the transaction or the documents that will be used to close the transaction. The closing agent has not offered any legal advice or referred me to any named attorney, but has clearly requested that I seek legal counsel if I have any doubt concerning the transaction or these instructions. I have had adequate time and opportunity to read and understand these instructions and all other existing documents referred to in these instructions. END OF INSTRUCTIONS IN WITNESS WHEREOF,the undersigned have executed this document on the date(s)set forth below. REFUNDS after closing,if any: ❑ DEPOSIT (attach voided check or deposit slip OR see bank information on 'Disbursement of Proceeds/Wire Transfer Instructions') BUYER(S): City of Kente.. BY: �00t� 3/4/2024 Da-69-RaTI5F Date Mayor Forwarding Address: Phone: Email: REFUNDS after closing,if any: ❑ DEPOSIT (attach voided check or deposit slip OR see bank information on 'Disbursement of Proceeds/Wire Transfer Instructions') EXCHANGOR(S): Robert W.Peyton,III Date Forwarding Address: Phone: Email: Supplement to El-Sale Printed: 02.28.24 @ 04:52 PM by LSH WA00000750.doc/Updated: 12.03.19 Page 4 WA-FT-FTMA-01530.611051-611334644 DocuSign Envelope ID:8988E97C-BFOB-4A9B-B6E9-3F65EB74A8E2 Fidelity National Title NOTICE OF COMPLIANCE WITH A.P.R. 12 Escrow No.: 611334644-LSH In accordance with the requirements of A.P.R. 12 of the Supreme Court of the State of Washington Fidelity National Title Company of Washington,Inc.has the duty to inform you of the following: The Limited Practice Officer, Lisa Hayes, 9333, certified under the Limited Practice Rule for Closing Officers, may select,prepare and complete documents in a form previously approved by the Limited Practice Board for use in closing this transaction. The undersigned Limited Practice Officer makes the following disclosures: 1. That the Limited Practice Officer is not acting as the advocate or representative of either, or any, of the parties; 2. That the documents prepared by the Limited Practice Officer will affect the legal rights of the parties; 3. That the parties'interest in the documents may differ; 4. That the parties have the right to be represented by lawyers of their own selection;and 5. That the Limited Practice Officer cannot give legal advice to the manner in which the documents affect the parties. Each party is hereby advised to obtain the legal advice of independent counsel,or representation by legal counsel,in connection with the transaction to be closed. The Closing Officer must be advised if you wish to have your documents prepared by your attorney. The following documents have been prepared and selected by the Closing Officer: Statutory Warranty Deed and Excise Tax Affidavit By signing this Notice of Compliance,each party acknowledges: • The Closing Officer has not offered any legal advice or made a referral to any named attorney. • The Closing Officer has clearly requested seeking legal counsel if there are any questions or doubts concerning the transaction. IN WITNESS WHEREOF,the undersigned have executed this document on the date(s)set forth below. City of Kent ro y d.'by' �. BY:I^V��"f" 3/4/2024 Dana' ap Date Mayor Notice of Compliance with APR 12 Printed: 02.28.24 Q 04:52 PM by LSH WA00000326.doc/Updated:08.07.19 WA-FT-FTMA-01530.611051-611334644 DocuSign Envelope ID:8988E97C-BFOB-4A9B-B6E9-3F65EB74A8E2 NOTICE OF COMPLIANCE WITH A.P.R. 12 (continued) Escrow No.: 611334644-LSH Fidelity National Title Company of Washington,Inc. xx� February 28,2024 Signature Date By: Lisa Hayes,9333 Print Name Limited Practice Officer Print Title Notice of Compliance with APR 12 Printed: 02.28.24 Qc 04:52 PM by LSH WA00000326.docf Updated: 08.07.19 WA-FT-FTMA-01530.611051-611334644 DocuSign Envelope ID:8988E97C-BFOB-4A9B-B6E9-3F65EB74A8E2 DepartmentoF� Keai Estate Cxcise Tax Affidavit (RCW 82.45 WAC 458-61A) Revenue Only for sales in a single location code on or after March 1,2023. Washington Srote This affidavit will not be accepted unless all areas on all pages are fully and accurately completed. Form 84 0001 a This form is your receipt when stamped by cashier.Please type or print. ❑Check box if partial sale,indicate% sold. List percentage of ownership acquired next to each name. 1 Seller/Grantor Z Buyer/Grantee Name Robert W.Peyton,III,an unmarried man,as his separate estate Name City of Kent,a Washington municipal corporation Mailing address 1950 Alaskan Way#435 Mailing address 220 4th Ave S City/state/zip Seattle,WA 98101 City/state/zip Kent,WA 98032 Phone(including area code) (206)409-5638 Phone(including area code) 3 Send all property tax correspondence to:❑Same as Buyer/Grantee List all real and personal property tax Personal Assessed Name City of Kent parcel account numbers property? value(s) 982570-0385-04 1-1 $137,500.00 Mailing address 220 4th Ave S Levy Code: 1526 ❑ City/state/zip Kent,WA 98032 ❑ 4 Street address of property 308 W Meeker St,Kent,WA 98032 This property is located in Kent (for unincorporated locations please select your county) ❑Check box if any of the listed parcels are being segregated from another parcel,are part of a boundary line adjustment or parcels being merged. Legal description of property(if you need more space,attach a separate sheet to each page of the affidavit). LOT 9,BLOCK 6,YESLER'S FIRST ADDITION TO THE TOWN OF KENT,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 5 OF PLATS,PAGE 64,RECORDS OF KING COUNTY,WASHINGTON. SITUATE IN THE COUNTY OF KING,STATE OF WASHINGTON. 5 Land use code 91-Undeveloped land(land only) 7 List all personal property(tangible and intangible)included in selling Enter any additional codes price. (see back of last page for instructions) Was the seller receiving a property tax exemption or deferral under RCW 84.36,84.37,or 84.38(nonprofit org.,senior If claiming an exemption,list WAC number and reason for exemption. citizen or disabled person,homeowner with limited income)? ❑Yes 2 No WAC number(section/subsection) Is this property predominantly used for timber(as classified Reason for exemption under RCW 84.34 and 84.33)or agriculture(as classified under RCW 84.34.020)and will continue in it's current use?If yes and the transfer involves multiple parcels with different classifications, complete the predominate use calculator(see instructions) ❑Yes No 6 Is this property designated as forest land per RCW 84.33? ❑Yes a No Type of document Statutory Warranty Deed Is this property classified as current use(open space,farm Date of document 03/05/2024 and agricultural,or timber)land per RCW 84.34? ❑Yes 10 No Is this property receiving special valuation as historical Gross selling price 347,000.00 property per RCW 84.26? ❑Yes 2 No 'Personal property(deduct) 0.00 If any answers are yes,complete as instructed below. Exemption claimed(deduct) 0.00 (1)NOTICE OF CONTINUANCE(FOREST LAND OR CURRENT USE) Taxable selling price 347,000.00 NEW OWNER(S):To continue the current designation as forest land or classification as current use(open space,farm and agriculture,or Excise tax:state timber)land,you must sign on(3)below.The county assessor must then Less than$525,000.01 at 1.1% 3,817.00 determine if the land transferred continues to qualify and will indicate by signing below.If the land no longer qualifies or you do not wish to From$525,000.01 to$1,525,000 at 1.28% continue the designation or classification,it will be removed and the From$1,525,000.01 to$3,025,000 at 2.75% compensating or additional taxes will be due and payable by the seller or transferor at the time of sale(RCW 84.33.140 or 84.34.108).Prior to Above$3,025,000 at 3% signing(3)below,you may contact your local county assessor for more Agricultural and timberland at 1.28% information. This land: ❑does ❑does not qualify for Total excise tax:state 3,817.00 continuance. Local 1,735.00 *Delinquent interest:state 0.00 Deputy assessor signature Date Local 0.00 (2)NOTICE OF COMPLIANCE(HISTORIC PROPERTY) *Delinquent penalty 0.00 NEW OWNER(S):To continue special valuation as historic property,sign (3)below.If the new owner(s)doesn't wish to continue,all additional tax Subtotal 5,552.00 calculated pursuant to RCW 84.26,shall be due and payable by the seller *State technology fee 5.00 or transferor at the time of sale. (3)NEW OWNER(S)SIGNATURE Affidavit processing fee 0.00 Total due 5,557.00 Signature Signature A MINIMUM OF$10.00 IS DUE IN FEE(S)AND/OR TAX Print name Print name *SEE INSTRUCTIONS 81 CERTIFY UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT 11DocuSignd by: Signature of grantor or agent Signature of grantee or agent 1VA ���`f, Name(print) Robert W.Peyton,III Name(print) Dana Ralph Date&city of signing Date&city of signing Perjury in the second degree is a class C felony which is punishable by confinement in a state correctional institution for a maximum term of five years,or by a fine in an amount fixed by the court of not more than$10,000,or by both such confinement and fine(RCW 9A.72.030 and RCW 9A.20.021(1)(c)). To ask about the availability of this publication in an alternate format for the visually impaired,please call 360-705-6705.Teletype (T)Y)users may use the WA Relay Service by calling 711. REV 84 0001 a(02/28123) THIS SPACE TREASURER'S USE ONLY COUNTY TREASURER Escrow No.:611334644-LSH DocuSign Envelope ID:8988E97C-BFOB-4A9B-B6E9-3F65EB74A8E2 When recorded return to: City of Kent 220 4th Ave S Kent,WA 98032 Filed for record at the request of: Fidelity National Title 5006 Center Street,Suite J Tacoma,WA 98409-2314 Escrow No.: 611334644 STATUTORY WARRANTY DEED THE GRANTOR(S)Robert W.Peyton, III,an unmarried man,as his separate estate for and in consideration of Ten And Nol100 Dollars ($10.00) and other good and valuable consideration and as part of Grantor's IRC Section 1031 Tax Deferred Exchange in hand paid,conveys and warrants to City of Kent,a Washington municipal corporation lrD�v� the following described real estate,situated1161T County of King,State of Washington: LOT 9,BLOCK 6,YESLER'S FIRST ADDITION TO THE TOWN OF KENT,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 5 OF PLATS,PAGE 64,RECORDS OF KING COUNTY,WASHINGTON. SITUATE IN THE COUNTY OF KING,STATE OF WASHINGTON. Abbreviated Legal:(Required if full legal not inserted above.) Tax Parcel Number(s): 982570-0385-04, Subject to: 1. RIGHTS, RESERVATIONS,COVENANTS,CONDITIONS,RESTRICTIONS,AGREEMENTS, NOTES, DEDICATIONS, ENCROACHMENTS,AND EASEMENTS PRESENTLY OF RECORD. Statutory Warranty Deed(LPB 10-05) WA0000059.docI Updated: 03.22.23 Page 1 WA-FT-FTMA-01530.611051-611334644 DocuSign Envelope ID:8988E97C-BFOB-4A9B-B6E9-3F65EB74A8E2 STATUTORY WARRANTY DEED (continued) Dated: March 5,2024 Robert W.Peyton,III State of County of This record was acknowledged before me on by Robert W.Peyton,III. (Signature of notary public) Notary Public in and for the State of My commission expires: Statutory Warranty Deed(APB 10-05) WA0000059.doc/Updated: 03.22.23 Page 2 WA-FT-FTMA-01530.611051-611334644