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First American Title Company Of Spokane ~ ~ M 4R~ . . , i ~ i~- First Spokane American Title Company of CopIES OF DOCUMENTS . v . t 1 • , • , • ~ . . . . 44g3E'rl[3. - L ;,s L.__N~ . : ~ . . . _ _ . . , 1 +oFiciiL.S Dor.Fld W. SchulLz, A dfvorced uPa, is the on:rer.oF ' the *4est 10 feet of t^e ;;orth ~~7 reet of the 1.1; of, the E} ct 3 the w: ot' ?rFrt 1b2 0l O?:in t}:e ►:orth y oP Secticn 22, 4 Toxn3'r.ip 25 t;orti;, :t:.n-~p 44, .in Ltie County of Spokana and I a St:•te of 'szshir.gton. , I ~ . 6~ Leli;i Cco:.ors, ~ si:a~2e wx-, s:r., is the• owner ot'Lhe ~ 7` Lbst lU le^_t u: t: u I.:r;,r, 2W:feet O:• ti:2_Ir.-~. O~ L4 Ei .qt th• Yi ~ r. ~ . • , s, ,~•.T~-1,cs:t:q t;artlt &.of Ser~ 1~~ of ion 220 Town•. - ot" Tra ct ~ UrFv;~. _r. . , I .~is, ;3n the .~o~.u~ty. of Spoko`ne, SLAte ~ I ~ 9 ship4,45 i~ ''orttip ' ~e ~ r.~'n ~.C-. r . , ~ 10 11 ot 'aitshlr,r~ton. ~ ~ ' ~ . . , . . . ' : ~ . . 11 ~ ~►'L~LL.%"j r Lii e.E T~Ft ?.e a ~c' the a::nr rs uf nrooerty r-djolning 12 i sisid prupei•ty hei-bAr.b4t'rj! ',o the Nr;,t . ucf tu th~) Nest • 1 13 ~ of' asil ;rvp~rLy. ,.r ~ 14 tit;e Eri-ntorn, Loni ld a. ::;chultz i,n.i Leli• Connors ' ~ . , . : . , 15 ~I 'tiav' sk;rei-d, in cottisidel•:ticr,'ot': Ten Uallpr9 E;lU.00 p+~id br the fr&nLees~. thr re:eir,t ot Nhlch eun 1s t;-r_?Gr 'F-ekr.nwledt-nd by thn . ~ °rw • ; . . ' • , • - ~ 17 ~~;rnntors~ to Fr+, ric ta tn~ :~r, ntr~•n uct F•::~ot,pr►c t:,r• thr uu:•~,rnr.~ oT inp:resn :.nd ej.reas.'' , ` . 19 . I.U.4 , in conBirjdrpci.,n (,t 7'on Loilirs u,1d hy the ~1 ~ ~1~ • - 20 br+lntl!ea Lo the ~,rMnLvre+j tcir rr;,ntnr.l hs-rehy 17j.r►t ~,tito Llie E;r4nLnas, tiwir hvirt; +~nd r.ss i►.nn, lu l l-s n d !'ruM r f#• h G Fn d g2 autbcricy co use the «oovr-cieaccilied !;rc+p»rLy 1'ur rurposoe of 23 int.rrss : r.s n, ro9ts. . u'~ ' li~ .,l ii,c:.S +l:C.IIGJI Lic~..i~,:, i~kt. :!F f:~.: ..'T 11':.1 ft iiht:D' ~ THI3Z4-±ukY uF 19570 : 26 1 /I~+ ~ f 27 ' ST.•Te. u)i' ;,~~I~I::GTu2.) sa 2a 1 CJUi:'TY OF SPUl.:t+E Cn ti;is ds:y persorwlly cpre;.red hHfore r.,e Lorv^ld W. 3a6ultz '29_- And„L&"~, Gonnera to c.e kr,owa Lo oe L!+e inclividu;.ls described in wt~pp~v~.•~,~,;cuted the Nit:iin and foregoinP inatrur.enLi r-nd ~~eknor+- , ,30 aigned the• s4-ne s.s Lheir 1'rre i nd voluntJlry ACt . yyN.1io= Lt1• uaes And purposes tt.«r r► t.•~nti~~cd. - sl Q~1':ti~;•'' ,:~~X~ler.my hFnd r,n,i o1'f 1 •:r LhiaY'-UHy ot Hercho V 1w~IC; • / .r 32 1 . ~ ~._i:• ~ ■6,4• .r'' . t+oG+•ry u c in ►n for tge ' V• •,ar~~~~0~~.~ . State ot Waahington. ~ . . . , . "'.~Nw~HN ' • ~ • : ~ . .4 l!• . 1,~ jN y:, ~ ; , ' , ~ • ,•~,~y ,rt~ . ~ x: . :e ' . . . ~ , - .C~ . . , • ~ _ ~ . . . •t ' ' ~ . - * . j ^ • - • ~ 1 . t . . . STATE OF~G/ac 4 s,, County ~ S On thlm/A ~ dar o[ Mar, I9S6, belor• rine, the undeesigned - ' Notarr Public, p.roonaitr appearvd I.•ne EaNer Tlmbow, known to ttw ~ . . ~ „ . to be the person whose narne•!s sobscribed to ehe withle fnstrument. . • ~ and she ackeowledged to as* that ihe executed the same. ~ ' IN wITNE55 KHEREC'!', I hivo hereunto •ct mr hand aed . ; . . . " . O.w"•"'%iLixed mr Notasial Seat the dai and reae first abov• wsitten. ~ Sk~ n ER . . . : `s' Z Al/ B 4. ~`Z.' ~ . ~r • Ndary . Ab1iC fOt stStQ of • • . . f •'Ne~idln~ at~./:CE~i...~ T "'•{rE`f MJl cornmfarioa explhs: I2-a& Qt ~ . . . . ` • 1 ~ . . . -1• , n , .5 ; ' i• ' •7 s ' ' 1"' - ' ~ ~ . jM.lr+~. ♦j~f ,.t' Yl~~ . ' f .~~i 't.tAl~ . • ~ , « ~a•; . • , ~ . 1 . . . , . ~ - ' . Y ' . • , .j. . . . _ . . ! . . • . ~ ~ . _ .~i'. . • . " . . - . .j . . . . . . . . . ' , • . r S ~ ~ ~ . . ~ ~ . • ~ ~ . ' • . . • . ' . • ~ . ~ • . . . I ~ . ~ . . ~ ' . . _ " .•.•l • , f . . . . • . . . . • ' . . . ~ ' . ~ ' . ^ " . _ ' ' . . . ~ 1 . . . . ' . . . . . . . . . . • ' . . - . . _ . i . _ • ' /f/, ' . ~ . . . ' . ' r ~ : K~4~~ ~~:i. . . . . . . . . ~ ` I• . _ . • _ .t•. .t.V t'..t.'.. - . • '~r~ ~ ~ . ~ . . . ~ ' ' ' . . '.i' 7t - ~ ' . ' . . . ~ ' • ~Z~ ~ ~ . . • • ~ ^ L~ + ~ n.t~ . ~ ~ ' , . . ~ ~ • . , . * ~ . . . ~ ; . . . . - . . Ne ~ ~ .y ~ Sr k~• . '~i Y.O. 4903-1356.14-21 t ' S7J545R . ' PIPS LDNB BJLSVMAT f 4 .J . ~ LoUA D. C.OIIDOri, a divoTCSL WOmIIT herebJ► 6rantL_, cannyL_, aad xarrantL_, to THR 1fASNINGTOlI 1fLTER PaKSfl CGMPA4?, a corhoration, as grantee, itia sncasssors aad aasisas, aa •asmoob under and Lhrough the follawing deecribed croparcy of the 6rantors.in Spo=;; kane Connty, Stgts of lfastington, to-wit: _ ':he wset halr of th* •sat half of the xest half (11IEJMJ) of Tract One ~ Nandrsd Sizty-tro (162), Plat ot OpportunitY ia 3ettioa lbonty-txo (22). t ' Tamahip T+hntT-fire (25) Worth, a.nr,• rarsr-Cour (44) , 6.11A., 3potans Conntr. lfashinaton. 6• for the purpose ot inatallinsg maintainin6, rfoairin6 aad rwovins a a distribution pipe lia• and apcurtenance• Lhereto, to6eLher MSLh the rigAt to inspect said line. N0 ■oaetary consideration or conaideration ot monetary valne bas b"a 61teA . tor tho right• herein conveysd. ~ llitness_g_hand_tbis,~ day ot Skoote.ber , 19je . . ~ • 3TIlTE 0IP ) ss. . ; countr or ) On this41day, bofore woo the undersi6ued, s netarT puDlia ia and tor . • , ~ said county and states personally appeared r"Di!%li ~~~tbJ i ~ , . to as known to be the individual.described in and xlio ezeeutod the Mith• la instrus~nt. an acknowltd6ed that../~ 6ey si6ned and sealed the se~e Ais tree-and voinntary aot and deed, for the use• and pnr- poss@ LMrein NnLiooed. Oivea nAdsr h baerd *eid otfielal Nal LhialLday of A.D.# . ~ , ti :a`.•'a~~~TA~y:~ ~ n or tat• of llashington, residing at 3pokane. ~~~~,~~'j~•~. t4 ~0~ ~u``~r , 17 . K. A14;TY rT~~5 RSlCURCQ eY _ . 'r. , , . . , ~ • ~ . i • • . • ~ ~ ' • ' • . ' . . t . ~ ' r c xK ~ .,:•s r Si"'~*`-f` ~'"i-3,.r1.s.4...v-!'e~',".A"q17's".~.,..~~~'.:' ..:#a1: _..:.-aa :~v ~4z.y'~- 43..,~. Ir - 0 . . 81040801•14 GRANT OF EA"JEt+;EN i S ; - vf ~ By this document, ROBERT B. GOLiLD and _.3ULIc GOr?LD, husband L, and wife, and hIHRuICL ~C?!r n arirl ESTHER GOi1LU, :iusband ana wife, 3 hc:ei^3f1:PT' collectively referred to as Gouid, Krant ce^r?in ~ _TlJC. ; the BANK Or easemer,ts to the BANK OF SruriHldE and ^nc'r PC1WT.; = 4 SPOKANE grants certain easements to GOULD and c:AST B4WL, I11C.; and EAST BO►1L, INC., alrants certain easemen* s to the HAPdK OF ~ 5 SPOKA"iE and GOULD. "'hese easements are cr,ranted pursuan* to an 3rreement enter%-A If:f:,1 Y;y 't!lt? :iCv,m; :Lan a 6 . ~:t.~ . ' ! ~ 1:.L~il J~.~_::.(,.:.1' i~ ~~~:il. ::a.:~::,ci:i. A., hereby granted is granted in considc-ration oi -he other easements ~ ? granted by this document and nursuant *o th,~ ;-rovislons of the sai.d agre?ment dated DecembFr 1, 1980. 3 ` , ~ II irlF T:2s~`. LOI~']. ~~rooert~', 3S hC.:''i C~Yft°: T''reT'I'C❑ i: G IIl trli S 9 ~i document. i.s described as follows : , - 10 I PARCEL r, : 11 That DO!"t1on of Tract- 161 of OPPOR?UA:I^Y, as vp-r ?lat thereoi ~ ' ~ _~z 20, deSC_T':b2Q 3S Y'2COI'C3P_d 1:": VOZUPIP nhn Of P12tS, p3; ~ 12 j follcws: be,?inning at the south::~est. cc~rn~r of said Traet ~ i ~ 161; thEr.cr ;.orth 0°0;' East, 31Orir th- trest ? ine o.' sai3 ' 13 ~ Tract, 290.17 feet; thencP Scuth 89°57' Last, 10c.5.00 feet; thence Sotith 0°05' WesL 290.23 fAet . tn a :,oir.t an tne south - 14 line r_.f said *ract; thence North 89°55' :ti`-st, :siang said south line, 105.00 'feet to c,oi:-,t o: oe,_:n ir:`. f 15 PF,F rEL P 16 ' ` - ~ Tne East Hal'f ef Traet 102 of CPPnR'I'UN?':Y, ss ~er plat L 17 I thereof recorded in ~'olume "K" of Flats, age 20; EXCEgfi -uhe wesi 125 'i"c2t, t!??Z'enf ; EXCEPT the north '01, . 04 ?'eet of z35t 18 ~ 120.40 fePt ot' the west 245.00 feet tr:e^ec„; ~::~cpm .corREue I Avenue. ~ 19 ~ ~ PARCEL C: The 5outh h15.05 feet of the west 125.00 `'e°t o= the e2st half of Tract 162 Uf CPPORTtiNITY, as :er p'at, thereof record2d {_a in Volume "K" cf Plats, pagF 2kl. _ „ r 22 PARCEL D 3 p 23 i; The east ha? f of t!:° easr half of the wYs-t f of Tract 162 ~24 Cir On 1:~ i..:~~r,o~? r•?•^..'r,. . :c•_~ieu2 '~~tt ~ FC~RT[?PlZ''Y , :~s r~c_.r r ' . r-f T'1gfSa f'c7rE r:', 1-_XC'ETIT f2i' r:orth 377- r.() .'c.'. ~a.:cj _;:'XCL.PT - 25 the :•J?st 1.!:.fj0 fF•!t of the !~orth 297.C1.~ -_~'•t -i,~=reo~'. = 1l 26 PARCEL E: - 27 The scuth 250.00 feet of the west half af 'hz east half af ' the west half of Tract 162 of OPPORTUNITY, as per plat 28 thereof recorded in Volume "K" of Plats, page 20. 29 A11 situated in the County of Spokane, State of Washington. ' - SO The Gould property,' as hereinafter referred to in this -t 31 agreement is described as follows: ~ ~ 32 That portion of Tract 161 of OPPORTiJNITY, as per plai thereof recorded in Volume "K" of Plats, page 20, records of Spokane - RANDAL4 & DANSKlN - awf~+tifC.~~iKason?-aM~ss - - ~ ~ -'F7 K_ _ . . . . . - . ' ~ ~ . - . s44 - :i ~0~ , ,'ounty, ,:+lashin,;T on described as f;,llows: Commzncing at the i Y southwest corner of said Tract 167; tnence Tlorth 89°40'S1" ' a r ^a5~ a' ~ r T. ~i i ~ ~ot;~. the sour.h yir.c~ cf cai .i rar+__t 1131 a distance of :'°et t^ triic. nn?nt r.f b?c-ir?P.i!1Ry f.}1P.f1['.P North : 3 I 00°1E'04" :v'e:t alcng t.heeast linr- o° thr r:est 105.00 feet i of said Tr:ct 161, a;:istznre of 290.31 feet; thence South - 4 j 89°;°i1;" Idest, a distar.ce of 105.00 feet to the west line ; cf said Tr3et 2E1; thence North 00"1$' 04" West along said _west. b j Iine, a distance of 45.00 fept to a rnjnt ±hpt bPars South "'rc ; r;,'. i t ,t1, . , • - . :r, Lhe nurLYSY16S't _ 6 ;cornrr nI :581a `;_ract iul; tnenr_e North o;'' r.ast, a j distance ot 150.00 feet to the east line of the west 150 7 i f-let of saic: Tract 161; thence P•lorth 00018104" Wes*_ along K:= s:id F~asr lir,p, a diSt3TlC° of 305.3-9 :eet to the north line said Trac t 1"2 ; thencP North 89° 35' LO" E2st along said ~w ;i^r*h 1_nu 2diSf.,a!1Ce of 389.67 fC'°t to apoint that bears soutli ^9°?5' y0" ;dest, a distance of 1220.00 feet from the nor-he:lst corner of s:id Trzct 1r1; thence South 00°24159 " 10 E ast alonc the we.t line oi the ?ast 12r.OC :eet o~' said _ ':racr, 161, a distance of 150.00 feet to the scuth line of 11 ; the no:~r 150.00 ieet of said Tract 161; tYience North 89°35'4D La.t alon~. .aid sauth l±r.e, a distance of 100.00 feet to the l: 12 west line o; the east 20.00 feet o: said Tract 161; thence - :1~uth 00124159" East along said erest ZiClc'', a dis~ance o±' _ 13 491.44 feet to the south line o: said Tract 161; thence nllt.}"1 891"0T j1" WZSt 3IG[!:' Sa IQ :^:lt•}'i 1 z 1'le , Z diSt2.riCe Oi ~ 3.4 t- N tru._ ~;'in: n tn i - to r.,, c. p~i nr, n' l,:, contain_ti,? ar, area of 319,141 sc:uar•e feet, Mcre or less. 15 ::li ,i:.uat;-J _n 1-.h? County o° ;pctikane, S*.ai.e of l:ashingtcn. , 16 The ~ank of Snokane nroperty, as hereinafter rz°er*ed io in 17 !i ti-~1 s agreem-r.nt, is described as follcws: ~ ~i 18 ;i That porticn o° the West Haif of Tract 161 of OPPORTUNITY ar_cording to plat recorded in Volum? "K" of Plats, page 20, { records of Spokane County, tdashington, described as iollows: Cor.imencang at the northwest corner of sai3 eract; thence 20 I+ South 00018'04" East, along the wPSterly line of said iract • ' 305.24 feet; thence Ivorth 89°38'15" East 150.00 f-'ee-L.; thence 21, ~ TTnrtr n~a1R~pWes* 305,35 ;Pet; *_hence South 89°35'u0" West 150.00 feet to the true point of beginning. ' a i 22 j; - Al1 situated in the County of Spokane, 5tate of Washington. 23 j; The easements hereb.y zrantPd hy ilo►i1d ±n Fasr. Pc,tai ?nd the 24 tjaI'1}C of ;f:okane $I'F ioI' T,liF' t-tlefit t`_ t .:c'• F;?:3 ~ . . ;-rL :-C-rty and ~ the Rlank of c-'pokane prcp?rty <i:' dr'¢t;r.i u:it1~~t'.- , ^'}iL e:starie21tS $ { 5 tierot-, orant er,j bw t ho Fat?li or si?OlC3IIe ' O r-lti ! :311:] LinU1C: 21"@ I J for the benefit of the East Bowl propert,y and the Gould praperty 26 , as described above. ihe easements hereb;, rrar.~ec by East Bot,rl to - the Bank of Spokane and Gould are for the benefit of the Bank of 27 Spokane property a ndA the r~p 2s,d scribed zbove. ~ Gould h2i'eby rants unto East Bo, wl and "8ank oi Spokane a non-exclusive easement for ingress and egress over and across the ~ 9 following described property: 30 The East 30 feet of the West 180 feet of the North Half of € Tract 151 of OPPORTUI3IT1' according to plat recorded in 31 Volume "K" of Plats, page 20, records of Spokane County, 'Washington, EXCEPT the south 15 feet thereof. TOGETHER WITH ` 32 the North 34 feet of the South 45 feet of the North Half of , ~ RANDALL ~ DI►T1$K~i~ rrowNCYS ~'voet~sf~t~rs . w ~ ? - - aoa ~rae_su zi - ` ~ro~►HC' 2 ~ ~ : c ~ .rmtr.{e; . : ' ':3 • i. 4 . . . _ . . . . - . 1 F.v...~ . . . - : . . . 1 - . . . . . X~ ~ • • ~ f~. 544 -~~L 1709 VE ~ E~-- l sai d Tracr. 151 EXCEPT the 4Jest 1 80 :"er,t at-,d EiiCyE„DT port.ion thereof for county road ( r;cLOnald fioad), all situated 2 i-n the County of Spob:ane, State of Washir,Ftcn. 3! This easement is granted far the beneFit of thae cusiomers, employees, licEnsees, fnvitees and less?es o? E2st Bowl and Bank 4 i of Spokanc- for the ur oses af i p p ngress and egress to and from the - na nk of Spokane r.:operty and the East 3ow1 property. -T i , • ? i; . i . , " : . , •is. . :c:ul:i n c,n - ii(iU, rt~I'CZ;6 vVCi' clJ:l cII'JSS Ll1C ~ follnc•:inz, described rropert.y- i~ 7 i~ The E.st 45 fect of the North 30=.2feet o~ m^rr*_ 1_62 of OPPC^n':L?d?TY accerdir.g to plat recordec in Volum2 "K" Of r lats, pag,e 20, rACerds of Spokane Couzt;:, LJashingt.on, all _ 9. situa=ed i.^. *hu Cnut'1T.;' of SFokane S`ate of t+Tashingt.on. 10 This eascr.:ent _s granted ^or the t•enei it o-l' the customers, I~ e:;~loyees, lic_•~:sees, invit.ees and les~ees o.' ~sould ar.d Lhe BanK 11 af S~ ckane for the r,u^aoses of irigress and e~ress to at►d from the ~ Cculd groperty and the Eank of Sgokane Frop?rty. = 12 i~ '_'1'8f1N: r'-f S7Giti3Tle hereby Rr'?i)fs `~.v :i.^•::~^ ?-r? r•.~t COWl, T_!1C.~ - 13 i 3 non-eY.C1llSi :'e easemer.t. for ingresS 3*id •')'!°?SS C,VZT` ?i1Q 3CZ'05S ; the ':'c1:1o4:inr described prorer~y• 14 ; ' :'l18t; FC7't1C!? Oi the Ulc.L halI' lr' c: ^ nP? ORT[TNITY - X:= 15 :CC07'Qi.^,t tO -~lat rec^rdFCi 1P. 1%OiU^i Ol 'Pl3t5, F3cge 20, i-.eccr•ds nf SpokanQ CountY iJ~ • : i' , shin-tc~n, desc••i'Dea ~s :'olle::s: 16 commer.cir:g at the northwest eorner oi said tr?et • ~hence Sout,h QO°lP'0~+" E35t, ?long the ~::ester2;; l.ne of~said iract 17 1 215.24 feet to the true Doint of beg?!?nl!?<<.T,; thence r;orth N~tia;~.►,-n Eas~ ~o i-~ East, 150.00 feet; thence S~~uth 00"1$1pLn - _ 18 ~ 30.00 feet; thence Sou*h 69°;8'15" :dest 11~0.00 fee- to the !I wFsterl,y line of said tract; Lhercc r1,^rth 00°18104n West ~ 19 ~i 30.00 :'eet t.o true point of beginninLc-, alI sita2ted in ihe Ccunty of Spokane, State of :Jashington. 20 1! This easement is granted for the ber.t-fit c,f the custorers, 21 , employees, licer.sees, invi*ees and lessees of ^ould and Eas- ~i Bowl, Inc., ior• tlic purreses of i.nmress aad zgress to znd from - 22 !I the Gould property and the East Bowl p^operty. - 23 All ef the easements hereby granted sre granted pursuant to ' and sub,ject to the orovisions of the said agreement d2*ed Dece:r!ber av 24 1, 1 9 F(1. a - w. Y~ 25 P xP c.uteci a s Ul the lst day of December: 1980. R ' 26 BANY. OF SPOKANE EAST BOWL, INC. - ~ 27 ' ~ B ~ • ,,,,,g. ~ .28 y C__,t_4 By ' , - ~ Att~t 4,o/Attest Presideht ~ 2J ? / ~y - ~ 30 ~ obert i! d ~ Julie G`o 1`d y obert . Goulri ~ her att'orney-ici-fac` ~ 3a Mauri~e GouId ~oul~f + s _v , . w A_`Xa~'tiip ~ Soo P ~J 4 : c r{/ ~J. f6 _ ' . . - . ufr. f~44 1H1710 ! f1Fs"aT Al11ERtCAl1 !i111.E t . ~ • . ArR 3 !2i0T ~ _ M . . •A .j.. STAT£ C;F 'v:A.S'.-! 1 t-I i; i C,;j t YWNG = 2 Court;,r oi Sr.okanr- ; ~ Gr. n5s lst c.f April , lyoi, befor-r i U11c]E^_~ 1n e d, :3 T) OLS?';' :-UbiiC :T: T1Q for tt'l2 `t3tp- Of Wa.shington, , dtily ccnris6_ui':ed n?'iu ...:Crr., per:-oraiiy appE3I'2d J-OHN RITCHZE and ~ ! Wriqht , tc~ 'r:liGl9Cl t.o be the ?resident and Cecilv a_ , - r-espec:jvel.:;, u; :'HE BANn uF SPuF:APdE, the corpor?±jon *..hat executed ~ ~:r . - .i, - - T.r ~ + , - r: i 9~-• ,i i ii• .=ri ur,:~-nt to - fi L•: d:_' ~~.:a:.i.;i:'V '-'.t;?: ci1:0 dzCC3 Of 53iC corporatior., iOP ht= lisE~~ a!'.u 'i'UI'T.`oz-:. i llePEi 1'. :ner.t ione3 , 3I'1Q OS: 03ti1 S`2t°Ci th3t ~ ne;j clii.l-:C!?':_d t -?:ECi]te 'h- S81C in5t7'llTTlen± :s!lCj t'l$t -f'le _ _ ;C z i'.r' 1'': _~^3T,2 Sc2! Oi~ .:u id C~...^^O^a?' n _ : . _ . 8 snd of: _c;,.l sz,,,~i hereto affixed t-he day ann 9; 10 11 ?dot:ry Public in nnd for the Staie o!' `;:ashir:t;3 n , residing a= Snc+k2ne 12 l: c^t,T~ . .:K~^:i:.::~'. i • 13 ys, _ - ~ OUfi z ; ~ 14 ~J7: . ~ ~l1.. ~S'• ':c ~ l ~iLt-:'L'i. '..:c ~ e: y ' ~ ' RA.C= GUULD and r, - Z~J ESTHER i ~'.f~C il%_.. t, 1 . unlii,Z%, I Tl::; :id:.:21 lJ 2!'!d a-S $Lto7"22y- _ _ "T• ~~.TT: . ~ :O i^r nt]O:lt1 _n be C!?~' lt; ._V:dL'3!. Q25C!'fbed 16 i;1*1 ;n d ;vi;o L::rcut.•d L1-,r- wit::in and foregoinb instrume^t, znd acknowledged t},ar, tney sigr:ed ;.r,e same ?s their f^ee and volur.tzry 17 ~act and deed, for thc- uses and purposes t.herein mentioned. 18 ~ G? VEN under m;haf1r1' 2!'fc7 offici-aI seal this y.t~, d::y oi 19 ~ - 24 ~ ~p ~ N;~tar ?u~lic in and for the SL3te ~ - 21 ~ ~ash' gton, residinil at' 22 i~ sTATE oF taas:iiNcTOn 23 Countv of Spokane ) :s . ~ 24 ~tc;~~ , i , ; .,;;,;•<r-.•. .::.i•,:•.:~c.t~eci,~ _ T:lf•' a C1n1:37'y• pUY)l1C 1'1 'iT?t1 r:~r i hr' E 25 and sworr., pe.~s,~naiiy c~ursr,:,.~ u{;i:t;Y liiCUlT~~ i PeANDRE to me~ known r,o be thPrresdient and secretary, resgeciiveiy, 26 aT EF.ST BOl•JL, It~:C., thc cornuration t}zat execu~ed ?:he foregoing instrument, and ar.kncNled~ed the said instrument to be the free - 27 and voluntary act and deed of saiu corpo^ation, for the u,PS and purgoses therein mentionPd, 3nd on oaLh stated th3t they are 28 authorized to execute ttie said instrument and that the seal - affixed is the corgorate.seal of said corperation. 29 WITNESS my hand anci off'Lcial seaZ hereto affiaed the day and 30 year fii•st aLove written. w _ ~ i L / L t~G--~~~ • 32 NOtary Public in `n for the ~~a ` of Washington, residzngt~~~~~e~ - aT~DRNCY'= JIND. f~OtY►~.'~Rt ~ ~3' - i00 L11t494x 3V14~~ ~k, . •ro~cwwc ww+t~~+~wa~o~c ~asPx - 5 - ' ' 1~ f ~ •E,5'' { W9s c i .~J04 FILEI3 flR nc -n{>ITED! i_. When recorded, return to: L' PAUL R. HASTiNE - Attorney at Law L'EC 15 5 4s "'F East 12929 Sprague Spokane, Washington 99216 WIl,lt;1-! E. 00H,1"VE 1,Lip;;01% sPoKhN~g~y~~~~ IMAfI~ f= DRAINFIELD EASEMENT € e ~ FOR AND IN CONSIDERATION of One Dollar ($1.00), receipt of - which is hereby acknawledged, the benefits to be derived by the parties hereto as set out hereafter, and other good and valuable 4K.. - considezation, the grantor, VIRGINIA ANDF.RSON, a single person, hereby conveys and warrants to RICHARD ARMSTRONG and MELVIN ARMSTRONG and PIONEER PIES, INC., a corpotation, their successors anc3 assi7^s as ?imi*_ed hereafter, a tQn (10) year, non-exclusivp _ easement under, over, through and across the property shown in Attachment A hereto, specificallY described as: 'v~ The South 110 feet of the North 445 feet of the _ West 70 feet of Tract 162 of Opportunity as recorded in Volume K of Plats, page 23, in Spokane County, Washinqton, together with the right to cross and use the West 10 feet of 'TraCt 162 of Opportunity, Spokane Count;, Washinqton, for purposes - of access L-v and fcr purposes of iristailiiiy a line to the drainfield to be installed in the drainfield easement property as described in _ 3 e~ tuaent A. The purgose of said easement is to install a drain- t _ - - . - field on the primary property described above, to provide access - ; T 3t` -,a~ a-.s±~rvice line thereto, and to allow the construction of the - same, subject to the following: 1. The easement shall be limited to a period of ten (10) r" years from the date hereof unless a sewer intercepter line " is available to grantees on Sprague Avenue prior to said ~ - s time, at which date said easement shall automatically ` ~ terminate. The grantor shall have the riqht at any time during the ~xR x`.=bj 3:~fe flf this easement to dine without charge and to extend - ,r yK the benefit to up to three friends at any time at the _ Pianeer Pies Restaurant or its successor located at East 12524 Sprague Avenue. ~ ;6cise Tax oa R &tal~ Sala, Amt. Pa $ - - ne~~~~ -26 ~ SP t~E C UNTY' - - - ~ _ - gy/~ - - ' Y - ~ u ~ ! t T Yk'7 'a_:'~4.Lti~~ W~+7.'3Y+,iN~O'Xr~".il1+lF'#t F' ~ vR. ~'1'~ ~ }T 3. The surface of the land at the time of construction ' and immediately thereafter and at any time access is - granted for repairs or maintenance, must be restored to : its oriqinal condition with the topsoii i.n place and the garden and ot.hr~r plar.ts sha?1 be restcred as prior to grantees' use, includiny removal by grantees of any excess dirt, gravel and rock from the area. ay~, 4. The qrantees shall have tYie right at all times to enter J the premises described in Attachment A for the purpose of inspecting, maintaining, improving, repairing, constructing, - X'a - ~ reconstructing, locating and relocating the drainfield line. _ , W5. The cost of aIi aspects in connec.tioz with this easement - and the construction of the drainfield thereoa shall be borne - by the qrantFes. `x 6. The grantees shall, at all times, como2y with all statutes, rules and ordinances which would Goverr: in this matter. # 7. The grantees shal lc>:~~rc-i s,_. thc~, rri ghts under this ease- : t.so as to minimize, and avoid, if reasonably oossible, :6&er#erence with grantor's use of thE propertv for gardeaing - 77- ses. Grantees shall at all times cor,duct their activities griintor's progerty so as not to interfere with, obstruct, - - - t3r`-endanger grantor's residential use thereof. ~ - : At qrantor's reguest and the terminatior, o_' this easement ~ ~y. sts -terms, grantees shall promptl.y remove from the easesnent Y e drair_field lines an@ restore the ground to the _ P-Mea *_4% now exi•sting, but in the ever.t. grantor does not ~ '~'r~ ma'"~+e s~.c~ r: , est, no obligation to renove ;.ne pipes and - ,.fMm-Zjiis=area wi'Ll bz re.;uircd. . . z - . _2_ s F ' - t . _ , ._o -i. 7~ v+ ' ~ L . - . _ • . y- - . . . . i°' s+.az " ' -t:: ❑ ~ d a-z , • ~ ~ y ~ 1 ' . ; . - . • " s. 7- 77. _ : . :.:.z„ - . . k : r ~ R 'VU a:.~.- . Y. 9. Grantor reserves all riqhts with respect to the property, _ including, without limitation, the riyht to grant easements, `r licenses and permits to others, subject to the rights granted to grantees in this easement. 10. Grantee does hereby release, indemnify and promise to - defend and save harm2ess grantor from any and all liability, loss, damage, expense, actions and claims, includinq costs - y qrantor in defense Fu and reasonable attorney`s fees incurred b - thereof, asserted or arising directly or indirectly on account. ~ ` - of or out of the acts or omissions of grantees, and qrantees' ~ servants, agents, employees and contractors in the exercise of the rights granted herein, provided rowever this does not release grantor from any liability caused by or resulting fK.=' from the negligence of grantor or grantar•s agents. 11. Zn the event the granting of this right shall cause any ;.3 increased levy or any additional taxes or assessments against ' - qrantor, said costs shall be borne by grantees. 12. Grantees shall not assign their rights hereunder without ~ the prior written consent of grantor, which consent shall not be unreasonably withheld. ~T 13. Subject to the preceding paraqraph, the rights and obli- gations of the parties shaZl inure to the beaefit ef ard - be binding upon their respective successors and assiqns. _ ~"=Y IN WITNESS WHEREOF, this easesnent is executed this ~-3 day of 6)C1Z11f1Lol 19 A2 . ` - ~ • \ 1 J 1' ~ n '1 ~s~ ♦ %ou~y ~f, Grantor LSO ~t V1~2G A E . i2MSTR _G.. Granteer ~ ~ ~ } ~ . . VIN RO , Grantee PIONEER PIES, INC. _ ' . K.. ' x EF7 _ - - . BY - - ~ Grantv"s. ; ~''a ~,-€'t3' r.f s' c.~rk- ` _x. c i a-` ,.Y _ s ~ ~.sa~,.:~ 3atP.._ s"c-,~' .s - a' ' , aY`wfc,.~ ~~'~v'~.'~` ~ .~'ia ~ *~'S'~ ~ C ~ n . ~ . . . . . •{il. iT Y' r t W, .w•4:: . - - , , . . . . . . S"T-AVE flF WhSHINGTON ) - A _ SS. Coutity of Spokane ~ - y this._-day -personally appeared before me, VIRGINIA ANDERSON, 'to xtte known to be the individual described in and who executed the `•wi~~i3:and foregoing instrument, and acknowledged that she executed - 'the,:-same as.;:hek free and voluntary act and deed, for the uses and _-pu~rposes therein mentioned. - - GIVEN UNDER MY iiAND AIVD SEAL th15 day Of _ l ~ :-NoVary Public in and for the 5t3i~ .0.f ! Washington, residing at Spokane ~ ~ a - - .r.. E OF WASHINGTON - ss . - r _ , • - ntof Spokane ) ~ • ,Gn-:fhis day personally appeared before me RICHARD ARMSTRONG ' ARMSTRONG, to me known to bE the individua? s described in, ~xecuted -the within and foregoing instrument, and acknowledg{ec3- ~ ~ey- execut:ed t'r_A same as their free and voluntary act and y ~ K uses and purposes therein mentior.ed. fiI(~£N. i.TNDER MY HAND AND SEAI, this day of./) .&-r-r.~ct. , ~ . a'~ . . . < ' •i----- z-= NotaYy Public in and for the S*ate of - Washinqton, residing at Spol:ane - ' . . I 3N'-k M'?I1 ) > ~ ss. - per,sonailp appeared before mJe ~oG - me A-hown to be th kesident a:id- _ of 'PIONEER PIES, IN , the coraorati,aa tt+?t v' ~orego3ng instrument, and acknowledge that UAed t~e said instrument, ard t:!at said ; , , voi~tary act and deed o* said corpora~ion, ~ ~`p~c1 ~a~ses thereiii mentioned . _ ' AND $EAL th.is day of = r w , - d " . • ...r. ~ PiibIiC iii( and for the State nt ~iash*ftton, -.residing at Sgo::ane c- _ . S. j« ~ Y ~ I% ~ ~ - . . . . . . . . S . . . .,l . . . . . _ k . . . . . d +y . ~ . . rs.e~~v 3 ay , , S. `•~.~y a4 _y": . 3+-G ''}neeeISP~~:~" ~ _ . ~ ~ . . ~ ~ ...1 ~ . , t t ~nt.--~ _ . _.._.._............r_.• . . _ N ~z- - . . ~ - • E. ~ - P~operfy Line s ~ .Sco% ORAWFlELO fASfME?lT ~ ~ The. sacf1r f&- Nwo ~ ~ of t~e lJrs~ 70 re portun:ty es T~id' Xio~ : I-w - Cc:rz Wosfi:n9~n PG ~ OP e. M ~i3 } T'~y„ +x ' . y ' • _ . - . . ~ - 2 . ~ Y s. 51 a c e - S . . ~ ' 4 n, l ri ~ r~'~a.~f ~ - ~ ~ t { is .,~..rR- ``~aS~:y "i'.~~~'~r_i~p'~~F~~•a~S„~.. , ~ ~ei'_ H►~~~I:~ " . 8302220064 ~ £ 12929 Sprague Avenue 99216 f 1LED OA A ~ CO4`'3M _ 1F'ItlES7 Bastinet Coambs. _ AMENDMENT ~ Grabicki rEe U iu sy 183 - TO rllllAli E COMN{K DRAINFIELD EASENiENT ~w E~~ff.Uft- 5-- TSIS AMENDMENT is made to that Drainfield Easement dated December 13, 1982, between VIRGINIA ANDERSON as Grantor, and - RICHARD ARIrlSTRONG and MEI.VIN ARMSTRONG and PIONEER PIES, INC., as Grantees, which Drainfield Easement was recorded in the records _ of Spokane County, Washington, on December 15, 1982, as Document ` Number 8212150235, and concerning property in Spokane County, Washiag#.s1n; legally described as: _ - The South 110 feet of the North 445 feet of the _ West 70 feet of Tract 162 of Opportunity as = recorded in VoluQae R of Plats, page 23. - NOW, THEREFORE, for the consideration hereafter recited, it is ~ _ now aqreed that Paragraph 1 on page 1 shall be amended to read as ~ - follows: - 1. The easement shall be limited to a period of ten (10) - years fram December 15. 1982, or until a niable street sewer collector piping system as approved by Spokane County - - Otilities Department and a"fuZl° connection is made there- to by the structure being served by the drainfieZd at which - date said easement shall automatically terminate. -IT IS FURTHER AGREED that a new paragraph, Paragraph 14, shall = be added as follows: - 14. Neither grantee nor grantor shall terminate or assign - this agreement for any reason without the express knowledge - of the Envinrcnmental Health Division of the Spokane County Health District or its successor. i~-; _ All other provisions of the above-described Drainfield Easement of December 15, 1982, not amended herein shall remain in full force and effect. L. rRANTOR f:RANTEFwS - ~ f I'V RG bN CHARD ARMST R E 6rew Taic Exwp1 = DMi~- -V2- 1904-~ IN ARMS bN _ spod. CaM1y Tew. " y . -1- x . ..T _ _ . ' . . _ . ~ ~ . ;W _ . . , _ . . . . . . . _ 4 _ rv~ PIONEER PZES, INC. ~ _ _ ` BY ~ Pres en - = STe.z LL~' SHINGTON ) I~TA ss. i County of Spokane ) On this day personally appeared before me VIRGINIA ANDERSON, te aie lcnovn to be,_the individual described and who executed the within and faregoinq instrwaent, aad acknawledged the same to be 2ier .free `and noluntary act and deed, for the uses a.nd pnrposes therein meationed. ~ GIVEN vrrmEx Mr aArm Axn aFFZCiAL sEAL tnis o2a day of Jaauary, 1983. ~ . . ~ Public in and for tize S:.ate of shington, residiag at Spokaae ~ . - - ~ - - ~ ~ -2- S y. . _ . : t. ,..,a - . . . . r. ,...A... _..a....F...-.,s. . ~t., PAGE 9904290693 ~ ~ 39 P#~'~ ~l GRA~NT OF EASENI~N'' AF _ • .L The grantor, EA.ST BOWL, LTD., as the owner of ihe Wcst haPt bf -WM#Wd1AMack 162 of Opportunity, in Spokane Cotmty, Washington, except the Norih 335 ihereof (Parcel A), hcreby gTanis tn East Bowl, Ltd., as the owner of the North 335 feci af the West ha]f of the ~ half of said Blcxk 162 of Opportunity (Parcel B), an easement for ingress and cgress over .~c-ross Parce] A, bcing between Parcel 13 ar.d Sprague Avcnue. DA1`F-D this 23rci day of April, 1996. F../,,S1' BOWI., I.,'i'D. '7 gy: ~ vr, . i. Hio ins., r i cnt SI'ATF QF WASli1tVGTON ) ) ss. C'ounty ni Spnkane } On this day personally appeared before me H. T. HIGGI;oIS, and on uarh stated that hc was authoriud tn executc the instnuncnt and acknuwledged it as the President of ~-rAST BQWL., LTA. to be the free and voluntary act of surh party for the uses and Purposes therein rnentionc,d. ~TTtIEN under my hand and ofGciaJ sca] this : 3rd ciay of A.pri1, 1996. ' 11 . ~ ~yflYdNy~''a' ,1, ~ D, tC ~ ; ro .~~.G ~ NOTA.RY PUBLIC in anc~ fnr the State 4. ' ~ . . . • ~ ~ of Washington, residing a SF~Q~e . : Appointmer.t rxpires: ; T.~•. : F ~~~•0130 A1T106~,j1'2'` R.E. cise T nvt ~ ~ ~ S • S T L;RAN'T OF EAS}:MEN7' RANDALL & DANSKJI. PS. arraKWErs xNm caMsaOsrs I soo sF-I►F1M FKANpaL CEMER 601 WEST RIVF3i5IDE 11YEM1F SPOKANE. WASti&GTON 9S; _ t509) 7a7'• 2052 Description: Spokane,WA Document-Year.DoclD 1996.4290693 Page: 1 of 1 Order : DY Commen t : . 4, . l`-• t! . - t 4972652 4964858 t~ ~ ~ Pa e; 1 af ~ Page: 1 of 6 09! 30 I2043 05;02P pgi171M p4:14P Return to SpolCane Co, Y~ Spokane Co, 1k ~pp~SW~TI0t1, tITtE IKS CO 01 ~3 59 49726 49648 PAUL J. ALLI5UN ~ Pa e; 1 af 1 pa~e; 1 of 1 vV 316 BUONE AVE. STE ?SS 49~3412~ D5;02P pgr1i 12043 04,14P SPO~:ANE. W,~ 99201-2346 ' 119.00 spokane Go, TA Spolcane Co, WA TR~NSWltIOk, Ti1lE INS CO A~ r`~l(o3CoV Y - En DEED OF TRUST SECURITY AGREEMENT AND ASSIGNMENT OF RENTS This docoument is being rerecorded to correct the legal description THIS DEED OF TRUST, made this I ~"Irr day of September, 2003, between East Bowl, Ltd., Grantor, whose address is 12828 E. Sprague Ave., Spokane Valley, Washington, 99216, Paul J. Allison, Trustee, whose address is W. 316 Boone Ave., Suite 285, Spokane, Washington, 99201-2346 and 3ohn W. G1llIIIgh8ri1, Jr., Beneficiary, whose address is W. 9701 Champion Lane, Cheney Washington, 99004. WITNESSETH: Grantor hereby bargains, sells and conveys to Trustee in Trust, with gower of sale, the following described real properiy in Spokane County, Washingtan: Abbreviated Iegal description: Portions of Tracts 161 and 162, Opportunity according to Ptat recorded in Volume K of Plats page 20, Spokane County Washington Assessor's Tax Parcel Numbers: 45222• 0228 and 45222.0229 which real property is not used principally for agricultural purposes, together with all tenements, hereditaments and appurtenances now or hereafter thereunto belonging or in any wise appertaining, and the rents, issues and profits thereof. This deed is given for the purpose of securing performance of each agreement of Grantor herein contained, and the payment of the sum of Two Million Two Hundred Fifty Thousand DOLLARS ($2,250,000) with interest, in accordance with the terms of a promissory note of even date herewith, payable to the Beneficiary or order, and made by the.Grantor, and all renewals, modifications and extensions thereof, and also such further sums as may be advanced or loaned by the Beneficiary to the Grantor, or any of its successors or assigns, together with interest thereon at such rate as shall be agreed upon. To protect the security of this Deed of Trust, the Grantor covenants and agrees: i 1. To keep the property in good condition and repair; to permit no waste thereof; to complete any building, structure or improvement being buiit or about ta be built ~r s ff~~P Description: Spokane,wA Document-Year.DocID 2003.4972653 Page: I of 1 Order: DY Comment: . _ ~ 4972652 ,n 1 af 4964858 . 6 Pae; loffi Pa e 49,3012003 05;02P pg111(20rJ3 04;14P Return to 1NS ~A p~ $25.00 Spokane Co, Y~ Spokane Gfl, TPANSNAjION, jljLE PAUL J. ALLISUN , 4964859 W. 3 t 6 BOONE AVE. 5TF 285 Pa~e, i~~;1qP SPUKANE. Wn 94201-1.346 091i712003 Spokane Co, ~t TRANSNATIQN, TITLE INS CD AR~ 119,00 DEED 0►F TRUST SECURITY AGREEMENT AND ASSIGNMENT OF RENTS This docournent is being rerecorded to correct the Iegal description THIS DEED OF TRUST, made this 1 ~1T- day of September, 2003, between East Bowl, Ltd., Grantor, whose address is 12828 E. Sprague Ave., Spokane Valley, Washington, 99216, Paul J. Allison, Trustee, whose address is W. 316 Boone Ave., Suite 2$5, Spokane, Washington, 99201-2346 and John W. Gillingham, Jr., Beneficiary, whose address is W. 9701 Champion Lane, Cheney Washington, 99004. WITNESSETH: Grantor hereby bargains, sells and conveys to Trustee in Trust, with power of sa1e, the following described real groperty in Spokane County, Washington: Abbreviated legal description: Portions of Tracts 161 and 162, Opportunity according to Plat recorded in Volume K of Plats pa.ge 20, Spokane County Washington Assessor's Tax Parcel Numbers: 45222• 0228 and 45222 .0ZZg which real property is not used principally for agricultural purposes, together with all tenements, hereditaments and appurtenances now or hereafter thereunto belonging or in any wise appertaining, and the rents, issues and profits thereof. This deed is given for the purpose of securing performance of each agreement of Grantor herein contained, and the payment of the sum of Two Million Two Hundred Fifty Thousand DOLLARS ($2,250,000) with interest, in accordance with the terms of a promissory note of even date herewith., payable to the Beneficiary or arder, and made by the Grantor•, and all renewals, znodifications and extensions thereof, and aiso such :further sums as may be advanced or Ioaned by the Beneficiary to the Grantor, or any of its successors or assigns, together with interest thereon at such rate as shall be agreed upon. To protect the security of this Deed of Trust, the Grantor covenants and agrees: 1. To keep the property in good condition and repair; to permit no waste thereof; to compiete any building, structure or improvement being built or about to be buili Description: Spokane,WA Document-Year.DoclD 2003.4972652 Page: 1 of 6 Order: DY Coffiaent: . . 4972652 4964858 09~3412003 ol 05 42P 109,11712003 o 04;14P TRUSMTIOH, TITLE IMS CD OT $25.04 Spokane Co, 11A Spokane Co, WA [T IS MUTUALLY AGREED THAT: 1. In the event any portion of the property is taken or damaged in an eminent domain proceeding, the entire amount of the award or such portion thereof as may be necessary to fuily satisfy the obligation secured hereby, shall be paid to Beneficiary to be applied to said obligation. 2. By accepting payment of any sum secured hereby after its due date, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to declare default for failure to so pay. 3. The Trustee sha1l reconvey all or any part of the property covered by this Deed of Trust to the person entitled thereto, on written request of the Grantor and the Beneficiary, or upon satisfaction of the obtigation secured and written request for reconveyance made by the Beneficiary or the person entitled thereta, accompanied by this original deed of trust and the note which it secures or satisfactory proof that the same have been lost or destroyed. 4. Upon default by Grantor in the payment of any indebtedness secured hereby or in the performance of any agreement contained herein or in the promissory note which this Deed of Trust secures, or the Loan Agreement between the Grantor and the Beneficiary, not timely cured after notice, all sums secured hereby shall immediately become due and payable at the option of the Beneficiary. In such event, and upon written request of Beneficia.ry, Trustee shall seti the trust property, in accordance with the Deed of Trust Act of the State of Washington, at public auction to the highest bidder. Any person (except Trustee) may bid at the Trustee's sale. Trustee shall apply the proceeds of the sale as follows: (1) to the expense of sale, including a reasonable Trustee's fee and attorney's fee; (2) to the obligation secured by this Deed of Trust; (3) the surplus, if any, shall be distributed to the persons entitled thereto. 5. Trustee shall deliver to the purchaser at the sale its deed, without warranty, which shall convey to the purchaser the interest in the property which Grantor had or had the power to convey at the time of its execution of this Deed of Trust, and such as it may have acquired thereafter. Tnsstee's deed shall recite the facts showing that the sale was conducted in compliance with all requirements of law and of this Deed of Trust, which recital shall be prima facie evidence of such compliance and conclusive evidence thereof in favor of bona fide purchasers and encumbrances for value. 6. The power of sale conferred by this Deed of Trust and by the Deed of Trust Act of the State of Washington is not an exclusive remedy. Benef ciary may cause this Deed o#' Trust to be foreclosed as a mortgage. 7. In the event of the death, incapacity or disability or resignation of Trustee, Beneticiary may appoint in writing a successor trustee, and upon the recording of such appointment in the mortgage records of Spokane County, Washington, the successor Description: Spokane,WA Document-Year.DocID 2003.4972552 Page: 2 of 6 Order : DY Comnen t : . ' 4972652 4964858 Pa e; o g - 0913012443 05;02P 0971112403 ~64;14P TRANSWl1I0N, TITIE INS 00 DT $26.00 Spakane Co, WA Spokane Co, YA trustee shall be vested with all powers of the original trustee. The trustee is not obligated to notify any party hereto of any pending sale under any other Deed of Trust or of any action or proceeding in which Grantor, Trustee or Beneficiary shall be a party unless such action or proceeding is brought by the Trustee. 8. This Deed of Trust applies to, inures ta the benefit of, and is binding not only on the parties hereto, but on their heirs, devisees, legatees, adrninistrators, executors, successors and assigns. The term Beneficiary shall mean the holder and owner of the note secured hereby, whether or not named as Beneficiary herein. Assignment of Rents: The property is occupied entirely by the Grantor. The Grantor will not lease all or any part of the properiy to any third party without the written consent of the Beneficary. If any such lease is made, with or without the consent of the Beneficiary, the Grantor hereby assigns all rents to the Beneficiary. Security Agreement: The Grantor hereby grants to the Beneficiary a security interest in all personal property, accounts receivable, and intangibles located at the real property or elsewhere held in connection with the business of the Grantor conducted on the real property to further secure the indebtness and the obligation of the Grantor to pay the same. The Beneficiary shall, on the accurrence of an event of default, not timely cured after notice, have the right to pursue all remedies of a secured party under he Uniform Commercial Code of the State of Washington. As to any personal property which constitutes a fixture, this Deed of Trust constitutes a Security Agreement and its filing canstitutes a fixture f ling under the said Uniform Commercial Code. ~ y / Id T. H r igginsj~id STATE OF Vljashington ) ) ss. County of Spokane ) I certify that I know or have satisfactory evidence that Harold T. Higgins is the person who appeared before me in his capacity as the president of East Bowl, Ltd., and said person stated on oath that we was authorized to execute this instrument on behatf of East Bowl, Ltd., and acknowledged that that he signed this instrument as the president of East Bowl Ltd., and acknowledged it to be the free and voluntary act and deed of East Description: Spokane,WA Document-Year.DoclD 2003.4972652 Page: 3 of 6 Order: DY Comment: . . 4972652 4964858 Pae: 4of6 pae; 4of6 09~30J2003 05.02P pg~11 j2403 04;14P TRANSMtION, TItIE INS CO DT S25.00 Spokane Co, WA Spokane 'Co, WA Bowl, Ltd., for the useb aiiu l,ujjju~iCs mentionea in the instrument. Dated: September . ~ . , ~`1 r 's ~ Nam Paul J. Allison a, o4o. 0 vti~ ~ o ublic in and for the State of " 4~~ o►' ~ Vijashington residing at SPokane RtSAppointment Expires: 2/4/06 ATE OF Description: Spokane,WA Document-Year.DoclD 2003.4972652 Page: 4 of 6 Order : DY Commen t : + . 4972652 4964858 pae; 5 of6 page; 6of6 09~3Q120~ ~P Q9)17I2003 94:14P TRANSNATION, 1ITlE INS CO D1 $25,00 Spokane Co, Wk Spokane Co, YYA Legal - Continued PARCEL D: That portion of Tract 161, OPPORTL'NITY, according to plat recorded in Volume "K" of Plate, page 20, in Spokane County, Washi.ngton, de9cribed as followe: BEGINNING at the Southwest corner of said Tract 161; thence North 0°05' East, along the West line of said Tract 290.17 feet; thence South 891157' East, 105.00 feet; thence South 0005' West, 290.23 feet to a point on the South line of said Tract; thence North 89055" West, along said South line, 105.00 feet to the POINT OF BEGINNING. Situate in the County of Spokane, State of Washington. Description: Spokane,WA Document-Year.DoclD 2003.4972652 Page: 5 of 6 Order : DY Commen t : • ' , . 4972652 4964858 Pa ~ 6of6 Pae; 5 affi 09~30j2003 05;02P 09i1112003 04;14P tRANS1ArION, TITtE iNS CO QT $26,00 Spokane Co, YlA Spokane Co, U LEGAL DESCRIPTION PARCEL A: The West half of Tract 162, OPPORTUNITY, according to plat recorded in Volume "K" of Plat9, page 2 0; EXCEPT the North 237 f eet of the East hal f of the Eaet half of the West half of Tract 162; AND EXCEPT that portion described as follows: BEGINNING at the Northwest corner of said Tract; thence North 90000100" East along the North line of said Tract, a distance of 246.30 feet to the East line of the west 10 feet of the East haif of the East half of the West half of said Tract; thence South 04010127" West along said East line a distance of 428.00 feet to a line parallel with and distant Southerly 428.00 feet, measured at right angles, from said North line of Tract 162; thence North 90000'00" West, along said parallel line a distance of 246.62 feet to the West line ef said Tract 162; thence Nortli 00013'00" East along said West line a distance of 428.00 feet to the POINT OF BEGINNING; Situate in the County of Spokane, State of Washington. PARCEL 8: The South 415.05 feet of the West 125.0 feet of the Eaet half of Tract 162, OPPORTUNITY, according to plat recorded in Volume "K" of Plats, page 20; Situate in the County of Spokane, State of Washington. PARC$L C: The East half EXCEPT the West 125 feet thereof; AND EXCEPT the North 200 feet of the East 120 feet of the West 245 feet thereof, Tract 162, OPPORTUNITY, according to plat recorded in Volume "K" ot Plats, page 20; Situate in the County of Spokane, State of Washington. Descriptioa: Spokane,WA Doc=ent-Year.DoclD 2003.4972652 Page: 6 of 6 Order: DY Co=ent: ~ . ' ~ 5019374 Page: 1 of P 81/62/204 84 001 ' RA SNAT.M, TI i .E _ tS CO u[ S2 d± Spokane Co, WA WHEN RECORDED RETURN TO: Alan L. Rubens ' Stamper, Rubens, Stocker & Smith, P.S. Attorneys at Law West 720 Boone, Ste. 200 Spokane, WA 99201 R 1 ~ STATUTORY WARR.ANTY DEED THE GRANTOR EAST BOWL, LTD., a Washington corporation, for and in consideration of Ten Dollars ($10.00) and other va]uable consideration, in hand paid, conveys and warrants to e following described real estate situate in the 7, J.D.'S DRAGON, INC., a Washington corporatioztl County of Spokane, State of Washington: Coun tv Tax Parcel Nos. 45222.0228 and 45222.0229: Parcel A: The West half of Tract 162, Opportunity, according to the plat recorded in Volume "K" of Plats, page 20; EXCEPT the North 237 feet of the East half of the East half of the West half of Tract 162; AND EXCEPT that portion described as follows: Beginning at the Northwest comer of said Tract; thence North 90°00'00" East along the North line of said Tract, a distance of 246.30 feet to the East line of the West 10 feet of the East half of the East half of the West half of said tract; thence South 00°10'27" West along said East line a distance of 428.00 feot to a line parallel with and distant Southerly 428.00 feet, measured at right angles, from said North line of Tract 162; thence North 90°00'00" West, along said parallel line a distance of 246.62 feet to the West line of said Tract 162; thence North 00°I3'00" East along said West line a distance of 428.00 feet to the Point of Beginning; Situate in the County of Spokane, State of Washington. Parcel B: The South 415.05 feet of the West 125.0 feet of the East half of Tract 162, Opportunity, according to plat rocorded in Volume "K" of Plats, page 20; Situate in the County of Spokane, State of Washington. Parcel C: The East half, EXCEPT the West 125 feet thereof; AND EXCEPT the North 200 feet of the East 120 feet of the West 245 feet thereof, Tract 162, Oppontunity, according to plat recorded in Volume "K" of Plats, page 20; Situate in the County of Spokane, State of Washington. Parcel D: That portion of Tract 161, Opportunity, according to plat recorded in Volume "K" of ~ Plats, page 20, in Spokarie County, Washington, described as foElows: Beginning at the Southwest ~ corner of said Tract 161; thence North 0°OS' East, along the West line of said Tract 290.17 feet; p thence South 89°57' East, 105.00 feet; thencc South 0°OS' West, 290.23 fect to a point on the South 0 line of said tract; thence North 89°55' West, along said South (ine, 105.00 feet to the Point of Beginning; Situate in the County of Spokane, State of Washington. a SUBJECT TO: c~ 1. Future real estate taxes and assessments lcvied by Spokane County and the City of Spokane Valley, including 2004 taxes. ~ ~ ~ 2. Agreement and the terms and conditions thereof between Modem Electric Water N Company and D.K. McDonald and others, dated November 4, 1905 and recorded on November 6, p 1905, in Book "E" of Contracts, page 267, under Recording No. 131084. . 0 3. Easement and the terms and conditions thereof to The Washington Water Power o Company, a corporation, recorded on November 21, 1958 under Recording No. 579545B. A Partial o Release of Easement was recorded on November 24, 1998 under Recording No. 4296917. } 0 4. Easement and the terms and conditions thereof to Seattle First National Bank, ~ ~ recorded on October 9, 1959, under Recording No. 660308B. This Easement was amended by the ~ Description: Spokane,WA Document-Year.DoclD 2004.5019374 Page: 1 of 2 Order: DY Comment: s . - " ` 5019374 Page: 2 0£ 2 ~ 81/9212094 04:991 RR4 Sii i)F , T 1 T_E JS W G L S"c +@ Spokane Co, 41R STATUTORY WARR.ANTY DEED EAST BOWL, INC. to J.D.'S DRAGON, INC. PAGE 2 Release of Easement dated January 11, 1960, and recorded on January 12, 1960 under Recording No. 680752B, and by the Reformation Agreement dated November 6, 1959, and recorded on January 18, 1960 under Recording No. 681898B. 5. Restrictions contained in Dced recorded on March 21, 1975 under Recording No. 7503210197. 6. Easement and the terms and conditions thereof to the Bank of Spokane, recorded on April S, 1981 under Recording No. 8104080144. 7. Easement and the terms and conditions thereof to Pacific Northwest Bell Telephone Company, a Washington corporation, recorded on July 27, 1981 under Recording No. 8107270198. 8. Easement and the terms and conditions thereof to Spokane County, recorded on July 30, 1986 under Recording No. 8607300166. 9. Easement and the terms and conditions thereof to East Bowl, Ltd., and Gerald R. Tyson and Pomsuvan Tyson, husband and wife, recorded on August 4, 1998 under Recording No. 4252316. 10. Grant of EasementlTermination of Easement and the terms and conditions thereof to East Bowl, Ltd., recorded on August 4, 1998 under Recording No. 4252317. Said document was corrected by instrument recorded on August 28, 1998 under Recording No. 4262355. 11. Covenants, easements, reservations and restrictions of record. IN WITNESS WHEREOF, said corporation has caused this instrument to be executed by its proper officer this 2nd day of January, 2004. EAST BOWL, L4de B. HIGGI ~ STATE OF WASHINGTON ) ) ss. County of Spokane ) On this 7ittday of January, 2004, before me the undersigned, a Notary Public in and for the State of Washington, duly commissioned and swom, personally appeared to me H.T. Higgins, to me known to be the President of EAST BOWL, LTD., the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the said insttument and that the seal affixed is the corporate seal of said corporation. W1TNE d official seal hereto af~i d t above written. t~ `NLota~r~ ic in and for the State of - • ington, residing at SPo"Jc Le11-1 Pface Notary S H P I~ My Commission Expires: 1 1'4 t0 6 9 AIJt/RH:D:I/2/20 Clirnls\East BoWRS Description: Spokane,WA Document-Year.DoclD 2004.50I9374 Page: 2 of 2 Order: DY Comment: t ~ 5019375 ' Page: 1 of 9 ■ ~ ~ AI/92/2994 84 801 ' R!S 4RT lN, i IT _E iS CO C i fc +9 . Spokane Co, LlR RETURN ADDRESS: Mountain Wsst 8ank PO BOX 399 Sandpoint. ID 83864 DEED OF TRUST DATE: January 2, 2004 Reference #(if applicable): Additional on page Grantor{s): 1. J. D. 'S DRAGON, INC Grantee(s) 7. Mountain West Bank 2. TRANSNATION TITLE INSURANCE, Trustee Legal Description: Portion of Tract 161 and Tract 162 Opportunity Additional on page Assessor's Tax Parcel ID#: 45222.0228 and 45222.0229 THIS DEED OF TRUS7 is daled January 2, 2004, among J. D.'S DRAGON, 1NC l"Grantor"); Mountain West Bank, whose mailing addrasa is Newport, 330 N Washington, PO Box 9530, Newport, WA 99156 (referred to below sometimes as "Lender" and sometimes ss "Beneficiary"); and TRANSNATION TITLE INSURANCE, whose mailing address is 105 W 3RD, SPOKANE, WA 99201 ireferred to below as "Trustee"y. ~ //2 ~ r V Description: Spokane,WA Document-Year.DoclD 2004.50I9375 Page: 1 of 9 Order: DY Comment: E . 5019375 Fage- 2 oi 9 r 91,'92I2094 04 90f I~ j5 81_?N, Tl 11 _-_S (;0 T rc: ;pnkane f r., WA DEED OF TRUST Loan No: 517000024 (Continued) Page 2 CONVEYANCE AND GRANT. For valueble consideration, Grantor conveys to Trustee in truet with power of sale, right of entry and poasession and tor the benefit of Lender es Beneficiary, all of Grantor's right, tiUe, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvemeMS and fixtures; all easements, rights of way, and appunenances; all water, water rights and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property"} located in SPOKANE County, State of Washington: See EXHIBIT "A", which is atteched to this Deed of Trust and made a part of this Deed of Trust as if fully set forth herein. The Real Property or ita address is commonly known as 12828 E SPRAGUE, SPOKANE, WA 99216. The Real Property tax identification number is 45222.0228 and 45222.0229 Grantor hereby assigns as security to Lender, all of Grantor's right, title, and interest in end to all leases. Rents, and profits o1 the Property. This assignment is recorded in accordance with RCW 65.06.070; the lien created by this assignment is intended to be specific, perfected and choate upon the recording of this Deed of Trust. Lender grants to Grantor a license to collect the Rents and protits, which license may be revoked et Lender's option and shall be eutomaticaliy revoked upon acceleration of all or part of the Indebtedness. THIS DEm OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY IN7EREST IN THE RENTS AND PERSONAL PROPERTY, IS G1VEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (6) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMSNTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Grantor shall pay to Lender all amounts secured by this Deed of Trust as they become due, and shall strictly and in a timety manner perform all of Grantor's obligations under the Note, this Deed ot Trust, and the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Granlor's possession and use of the Property shall be governed by the following provisions: Possession and Uss. Until the oacurrence of an Event of Detault. Granior may (1) remain in possession and control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property (this privilege is a license from Lender to Grantor automaticaNy revoked upon default). The tollowing provisions relate to the use of the Property or to other limitations on the Property. The Real Property is not used principafly tor agricuhural purposes. Duty to Maintsin. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Nuisance, Waste. Grentor shell not Cau9e, conduct or permit any nuisance nor commit, permit, or sutfer any stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the forepoing, Grantor will not remove, or grant to any other party the right to remove, any timber, minerals (including oil and gas), coat, clay, seoria, soil, gravel or rock products whhout LenAer's prior wrinen consent. Removal of Improvements. Grantor shatl not demolish or remove any Improvemerrts trom the Real Property withotrt Lender's prior written consent. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to lender to replace such Improvements with Improvements of et ieast equal value. Lender'a Ripht to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to attend to Lender's interests and to inspect the Reat Property tor purposes of Grantor's compliance with the terms and conditions of this Deed of Trust. CompPiance whh Governmsntsl Requhsmsnn. Grantor shall promptly comply, and shall promptly cause compliance by a1I agents, tenants or other persons or entities of every nature whatsoever who rent, lease or otherwise use or occupy the Property in any manner, with all laws, ordinances, and repulations, now or hereafter in eftect, of all governmental authorities appticable to the use or occupancy of the Property, including without limitation, the Americans With Disabilities Act. Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceedinfl, including appropriate appeals, so long as Grantor has notified Lender in writing prior to doing so and so lonp as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest. Duty to Proteet. Grantor egrees neither to abandon or leave unattandad the Property. Grantor shell do alI other acts, in addition to those acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Praperty. DUE ON SALE - CONSENT BY LENOER. Lender may, at Lender's option, (A) declare immediately due and payable alt sums secured by this Deed of Trust or (B) increase the interest rate providad for in the Note or other document evidencing the Indebtedness and impose such other conditions as Lender deems appropriale, upon the sale or transier, without Lender's prior written consent, of all or any part of the Real Property, or any interesc in the Real Property. A 'sele Or trarssfer' means the conveyance o1 Real PropeRy or any righL, title or interest in the Real Property; whether legal, beneficiaf or equitable; whether vol►mtary or involuntary; whether by outripht sale, deed, installment sale contract, land contract, contract for deed, leasehold interest whh a tarm greater than three (3) years, lease-option contract, or by sale, assignment. or transfer of any beneficial interest in or to any land trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real Property. If any Grantor is a corporation, partnership or limited liabiliry company, transier also includes any change in ownership of mare than twenty-five percent (2596) of the voting stock, partnership interests or limited liability company interests, as the case may be, of such Grentor. However, this oAtion shall not be exercised by Lender ii such exercise is prohibited by federal law or by Washington law. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of Trust: Payment. Grantor shall pay when due {and in all eventa prior to dalinquency) all taxes, special taxes, assessments, charges (including water and sewer), fines and impositions levied against or on account of the Property, and shall pay when due all c{aims ior woric done on or for services rendered or material furnished to the Propeny. Grantor shall maintain the Property tree of all liens having priority over or equal to the intereat of Lender under this Deed of 7rust, except ior the lien o1 taxes and assessments not due and except as otherwise provided in this Deed of Trust. Description: Spokane,WA Document-Year.DoclD 2004.5019375 Page: 2 of 9 Order: DY Co=ent: J t . 5019375 Page: 3 of 9 01/92/2004 84:981 'kRI NT OF1 IIT_E _ CU tT re3.Spokan? Co, UR DEED OF TRUST Loan No: 517000024 (Continued) Page 3 Right to Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good taith dispute over the obligation to pay, so Iong as Lender's interest in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment, Grantor shall within fifteen (15) days aher the lien arises or, it a lien is filed, witfiin fiiteen (15) days after Grarttor hes notice ot the filing, secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and attorneys' fees, or other charges thet could accrue as a result of a foreclosure or sale under the lien. In any contest, Grantor shall defend hself and Lendar and shall satisfy any adverse judgment before enforcement against the Property. Grantor shall name lender as an additional obligee under any surery bond furnished in the contest proceedings. Evidence of Payment. Grantor shall upon demand turnish to Lender setisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental officiel to deliver to Lender et any time a written statement of the taxes and assessmants eeainst the Property. Notice of Conatruction. Grantor shall notify Lender at least fifteen (15) days before any work is commenced, any services are furnished, or any materials ere supplied to the Property, if any mechanic's lien, meterialmen's lien, or other lien could be asseRed on account oi the work, services, or materiels. Grantor will upon request of Lender furnish to Lender edvance assurances savsfactory to Lender that Grantor can and will pay the cost of such improvements. DROPERTY DAMA(3E INSURANCE. The following provisions relatinp to insuring the Property are n part of this Deed of :intenanes of Insunnee. Grontor shall procure and maintain policies of fire insurance wkh standard extended rerage endorsements on a replacement basis for the futl insurable value covering all Improvements on the Real .)perty in an amount sufiicient to avoid appfication of any coinsurance clause, end with n standard mortgagee clause in tavor of Lender. Grantor shell also procure and maintain comprehensive general liability insurance in such coverage amounts as Lender may request with Trustee and lender being named as additional insureds in such liability insurance policies. Additionally, Grantor shall maintain such other insurance, includinp but not limited to hazard, business interruption, and bailer insurence, as Lender may reasonahly require. Policies shall be written in form, amounts, coverages and basis reasonably eccepiabte to Lender and issued by a company or companies reasonably acceptable to Lender. Grantor, upon request of Lender, will deliver to Lender from time to time ihe policies or certificates of insurance in form satisfactory to Lender, including stipulations that coverages will. not be cancelled or diminished without at least thirry (30) days prior written notice to Lender. Each insurance poficy also shalt include an endorsement providinp that coverege in favor of Lender will not be impaired in any way by any act, omission or defauh of Grantor or any other person. Should the Real Property be located in an area designated Cy che Director of the Federal Emerpency Manepement Agency as a special fbod hazard area, Grantor agrees to obtain and maintain Federol Flood Insurance, if available, within 45 days after notice is given by lender that the Property is located in a special flood hazard ares, for the full unpaid principal balance of tho ban and any prior liens on the property securinp the loan, up to the maximum policy limib set under the fVational Flood Insurance Program, or as otherwise required by Lender, end to maintain such insurance for the term of the loen. Applicatlon of Procesds. Grantor shall promptfy notify Lender of any loss or damege to the Property. lender may make proof of loss if Grantor feils to do so within fitteen (15) days of the casualty. Whether or rrot Lender's securiry is impaired, Lender msy, at Lender's election, receive and ret8in the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Propeny, or the restoration and repair of the Property. li Lender elacts to apply the proceeds to restoration and repair, Grentor shall repair or replace the damaged or desvoyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor trom the proceeds for the reasonable cost of repair or restoration if Grantor is not in default under this Deed of Trust. Any proceeds which have not been disburaed within 180 days aher their receipt and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Deed of Trust, then to pay accrued interest, end the remainder, it any, shall be applied to the principal balance of the Indebtadness. If Lender holds any proceeds after paymeM irt fu11 of the Indebtedness, such proceeds shall be paid without interest to Grentor as Grantor's interests may appear. Grantor's Report on Inwrsnce. Upon requesi of Lender, however not more than once a year. GraMor shall furnish to Lender a repoR on each axistinp policy of insurance showing: (1) the name of the insurer; (2) the risks insured; (3) ihe amount of the policy; 14} the property insured, the then current replaeement value of such property, and the manner of determininfl that velue; and {5) the expiration date of the policy. Grantor shall, upon request of Lender, heve an independent appreiser satisfactory to Lender determine the cash value replacement cost of the Property. LENDER'S EXPENDITURES. !f any act+or+ or proceeding is commenced that would msterially affect Lender's interest in the Property or if Grantor fails tn comply with any provision of this Deed oi Trust or any Related Documents, includin9 but not limited to Grantor's feilure to discharge or pay when due any amounts Grantor is required to discharge or pay under this Oeed o! Trust or eny Related Documenis, Lender on Grantor's behalf may (bui shall not be obligated to) take any action that Lender deems appropriate, including but not limited to discharging or peyinp al1 taxes, lians, security interests, encumbrances and otfier cla+ms, at any time levied or placed on the Property and paying all costs for insuring, maintainine and preserving the Properry. All such expendiiures incurrad or paid by Lender for such purposes will then bear interest at the rate charped under tfie Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, witl (A) be payable on demand; (B) be added to ihe balence of ihe Note and be apportioned amone and be payable with arty installment payments to become due during either (1) the term of any applicabte insurance poticy; or (2) the remaining term of the Note; or (Ci be ueated as a balloon payment which will be due and peyable at the Note's maturity. The Deed of Trust also will secure payment of these emounts. Such righi shsli be in addition to all oiher rights and remedies to which Lender may be erttitled upon Defautt. WARRANTY; DEFENSE OF TRLE. The tollcwing provisions rnlating to ownership of the Property are a part of this Deed of Trust: Tkfa, Grentor warrants that: (a) Grantor holds good and marketable title of record to the Property in fee simple, tree and clear of ell lisns and encumbrancea other than those set forth in the Real Property description or in any title insurance policy, title report, ot tinal title opinion issued in favor ot, and accepted by, Lender in connection with this Deed of Trust, and (b) Grentor has the full right, power, and nuthority to execute and deliver this Deed of Trust to lender. Detense of Tttle. 5ubject to the excepiion in the paragraph above. Grantor warrants end witt forever defend the tiUe to the Property against the tawful claims of ell persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest o1 Trustee or Lender under this Deed of Trust, Grantor sha11 defend the action at Grantar's expense. Grantw may be the nominal party in such proceeding, but Lender shalt be sntitled tc participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, anr, Description: Spokane, WA Docimeent-Year. DocID 2004. 5019375 Page: 3 of 9 Order: DY Comment: , 1 5019375 Page : 4 of 9 91l82i2964 1314 A@I RRR Sh h i_)F., i I~_E 5:0 111 t , jH 5pokane Co WR DEED OF TRUST Loan No: 517000024 (Continued) Page 4 Grantor wiil deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participetion. Compliance With laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicabie Isws, ordinences, and regulations of governmental authorities. Survival of Representations and Warrantie:. All representations, warranties, and apreements made by Grantor in this Deed of Trust shaft survive the execution and delivery of this Deed of Trust, shall be continuing in nature, and shall ►emain in tull force and effect until such time as Grantor's Indebtedness shall be paid in full. CONDEMNATION. The tollowing provisions relating to condemnation proceedings are a part of this Deed of Trust: Proceedings. If any proceedinp in condemnation is filed, Grantor shall promptly notity Lender in writing, and Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal parry in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represertted in the proceeding by counset of its own choice all ai Grantor's expense, and Grantor will deliver or cause to be delivered to Lender such instruments and documentation as may be raquested by Lender trom time to time to permit such participation. Appfleation of Net Proeeeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation, Lender may nt its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall meen the award after payment of all reasonable costs, experues, and attorneys' fees encurred by Trustee or Lender in connection with the condemnation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees and charges are e part ot this Deed of Trust: Current Taxes, Fees and Charees. Upon request by Lender, Grantor shall exacute such documents in addition to this Deed of Trust and take whatever other aclion is requested by Lender to perfect and continue Lender's lien on the Real Property. Grantor shall reimburse lender for all texes, as described below, together with all expenses incurred in recording, perfecting or continuing this Deed o1 Trust, includinp without timitation all taxes, fees, documentery stemps, and other charges tor recording or registering this Deed of Trust. Taxes. The following shell constitute taxes to which this section applies: (l) a specific tax upon this type oi Deed of Trust or upon all or any part of the Indebtedness secured by this Deed of Trust; (2) a specific tax on Grantor which Grantor is authorized or required to deduct from payments on the Irxiebtedness secured by this type 01 Deed of Trust; (3) a tax on this type of Deed of Trust charpeable against the Lender or the holdar of the Note; and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Grantor. Subuquent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Deed of Trust, this event shall heve the same effect as an Event of Defauh, and Lender may exercise any or all of its available remedies tor an Event of Default as provided below unless Grantor either (1) pays the taz before it becomes delinquent, or (2) contests the tax es provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCtNG STATEMENTS. The following provisions releting to this Deed of Trust as a security agreemern are a part of this Oeed of Trust: Sseurity Aprssmsnt. This instrument ahnll constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shall have all of the rights o1 a secu►ed party under the Unitorm Commercial Code as amended from time to time. Secur'rty IMSrest. Upon request by Lender, Grantor shall execute financing statements and take whatever other action is requested by Lender to periect end continue Lender's secur'Ry interest in the Rents and Personal Property. In addition to recording this Deed of Trust in the real property records, Lender may, et any time and without further authorization from Grantoi, tile executed counterparts, copies or reproductions of this Deed of Trust as a financing statement. Grantor shall reimburse Lender for all expenses incurred in pertectinp or continuing this security interest. Upon detauh, Grantor shall not remove, sever or detach the Personal Property from the Property. Upon defauh, Grantor shall assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Grantor nnd Lender and make it availeble to Lender within three (3) days aher rece+pt of mitten demand trom Lander to the extent permitted by applicable law. Addressea. The mailing addresses of Grantor (debtor) and Lender (secured party) from which information concerning the security interest graMed by this Deed of Trust may be obtained ieach as required by the Uniform Commercial Codel are es stated on the first page o1 this Deed of Trust. FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and attorney-in-(act are e pert of this Deed of Trust: Further Assurances. At any time, and from time to time, upon request of Lender, Grarttor will make, execule and deliver, or will cause to be made, executed or delivered, to Lender w to Lender's designee, and when requested by Lender, cause to be filed, recorded, refiled, or rerecorded, as the cese may ba, at such times and in such ofiiees and places es Lender may deem appropriete, any end ell such mortgages, deeds of trust, security deeds, security agreements, financing statements, continvation statements, instruments o1 further assurance, cenificates, and other documenLs as may, in the sole opinion of Lender, be necessary or desirable in order to eftectuate, complete, perfect, continue, or preserve il? Grontor's oWigations under the Note, this Deed of Trust, and the Related Documents, and (2) the lians and security interests created by this Deed of Trust as first and prior liens on the Property, whether now owned or hereafter acquired by GraMOr. Unless prohibited by law or Lender agreas to the contrary in writing, Grantor shall reimburse Lender for al► costs and expenses incurred in connection with the matters referred to in this paragreph. Attorney-In-Fect. Ii Grantor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name o( Grantor end at Grsntor's expense. For such purposes, Grentor hereby irrevocably appoints Lender as Grantor's attorney-in-fact for the purpose of making, executing, delivering, filing, recording, and doing all othar things as may ba necessary or desirable, in Lender's sole opinion, to accomplish the matters reterred to in the preceding paragraph. FUIL PERf-0RMANCE. If Grentor pays all the Indebtedness when due, and otherwise periorms atl the obligations imposed upon Grantor under this Deed of Trust, Lender ahall execute and deliver to Trustee e request for full reconveyance and shall execute and deliver to Grantor suiteble statements of termination of eny financing statement on file evidencing Lender's security interest in the Rents and the Personal Property. Any reconveyance fee shall be paid by Grantor, if permitted by applicable law. The grentee in any reconveyance mey be described as the 'person or persons legally entitled thereto', and the recitals in the reconveyance of any maners or facts shall be conclusive proof of the Description: Spokane,WA Document-Year.DoclD 2004.5019375 Page: 4 of 9 Order: DY Coruent : ~ • . . . 5019375 Page: 5 of 9 ' Rflh+~ a, r1T.E _~S CO [ T 91t62l2094 84 :99f Spokane Co, W DEED OF TRUST Loan No: 517000024 (Continued) Page 5 truthfulness of any such matters or facts. EVENTS OF DEFAULT. Each of the folfowing, at Lender's option, shall constitute an Event of Default under this Deed of Trust: Payment Defauit. Grantor fails to make any payment when due under the Indebtedness. Other DsfauFts. Grentor fails to comply with or to periorm any other term, obligation, covenant or condition contained in this Deed of Trust or in any of the Related Documarrts or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Grantor. Compfisncs Dsfauk. Failure to comply with any other term, obligation, covenant or condition contained in this Deed of Trust, the Note or in any of the Related Documents. If such a failure is curable and if Grantor has not been given a notice of a breach of the same provision of this Deed of Trust within the preceding twelve (12) months, it may be cured (and no Event of Default will have occurred) if Grantor, after Lender sends written notice demandinp cure of such failure: (a) cures the failure within fifteen (15) days; or (b) ii the cure requires more than fifteen (15) days, immediately initiates steps sufficient to cure the failure and thereaftet continues and completes all reasonable and necessary steps sufficient to produce compliance es soon as reasonably practical. Defautt on Othar Paymsnts. Failure of Grantor within the time required by this Deed of Trust to make any payment for taxes or insurance, or any other payment necessery to prevent filing of or to affect discharge of any lien. False Statements. Any warranty, representation or statement made or furnished to Lender by Grantor or on Grantor's behali under this Deed of Trust or the Related Documents is talse or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Defsctivs Collatsralizatlon. This Deed of Trust or any of the Related Documents ceasea to be in full force and effect (incfuding failure of any collateral document to create a valid end perfecced security interest or lien) at any time and tor any reason. Insolvency. The dissolution or termination of Grantor's existence as a goinp business, the insolvency o! Grarnor, the appoiMment of a receiver for any part of Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding undar any bankruptcy or insolvency laws by or against Grantor. Cndkor or Fortelturt Proceedings. Commencement of foreclosure or forfeiture proceedinps, whether by judicial proceedin8, seli-help, repossession or any other method, by any creditor of Grantor or by any governmental agency against any property sacuring the Indebtedness. This incfudes a gamishment ot any of Grantor's accounts, including deposit accounts, with Lender. However, thic Event of Default shall not appty if there ia a pood faith dispute by Grantor es to the validity or reasonebleness of the cleim which is the basis of the creditor or forfeiture proceeding and i1 Grantor gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or n surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an edequete reserve or bond for the disputa. B►eaeh of Other AprssmeM. Any breach by Grantor under the terms of any other agreement between Grantor and Lender thet is not remedied within eny grace period provided therein, including without limitation any agreement concerning any indebtedneas or other oblipation of Grantor to Lender, whether ezisting now or latar. Events AHecting Guaranior. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity ot, or liability under, any Guaranty of the Indebtedness. In the event of a death, Lender, at its option, may, but shall not be required to, permit the Guarantor's estate to assume unconditionally the oblipetions arising under the guaranty in a manner satisfactory to Lender, and, in doinp so, cure any Event of Defautt. Adverse Changs. A material adverse change occurs in Grantor's tinancial condition, or Lender bel'ieves the prpspect of payment or performance of the Indebtednass is impaired. Inaecurttr. Lender in good taith believes itself insecure. Rlpht to Cure. Ii such a feilure is curaWe and if Grantor has not been given a notice of e breach o( the same provision of this Deed of Trust within the preceding tweive (12) months, it may be cured (end no Event of defauh will have occurred) if Grantor, after Lender sends written notice demanding cure of such failure: (a! cures the faifure within fitteen (15) days; or {b) if the cure requires more tfian fifteen (15) days, immediately initiates steps sufficiertt to cure the failure and thereaher continues and completas all raesoneble end necessary steps sufficient to produce compliance as soon as rsasonably practical. RIGHTS AND REMEDIES ON DEFAULT. It an Event of Default occurs under this Deed of Trust, at any time thereafter. Trusiee or Lender may exercise any one or more of the following rights snd remedies: Election of Remedies. Election by Lender to pursue any remedy shalt noi exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under tkiis Deed of Trust, after Grontor's failure to pertorm, shaU not affect Lender's right to declare a defautt and exercise its remedies. Accslerate Indebtedness. Lender shell have the ripht at its option to declare the entire Indebtedness immediatefy due and payable, including any prepayment penalty which Grantor would be required to pay. Forocbsure. With respect to all or any part of the Real Property, the Trustee shall have the right to exercise its power of sale and to toreclose by notice and sale, and Lender sha11 heve the right to forecbse by judicial foreclosure, in either case in accordance with and to the full extent provided by eppficable law. UCC Remsdiss. With respect to all or any part of the Personal Property, lender shalf have all the rights and remedies of a secured party under the Uniform Commercial Code. Collsct Rents. Lender ahall have the right, without notice to Grantor to take possession of and manage the Property and collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, egainst the Indebtedness. In turtherance of this right, Lender may require any tenant a other user of the Prope►ty to make payments of rent or use fees directly to Lender. Ii the Rents are collected by Lender, then Grantor irrevocably designates Lender as Grantor's attorney-in-fact to endorse instruments received in payment thereot in the name of Grantor and to nepotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to lender's demand shall satisfy the obligations tor which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either in person, by agent, or through a receiver. Appoint Reeetver. Lender shelt have the right to heve e reCeiver eppointed to take possession of all or any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding or pending foreclosure or sak, and to collect the Rents trom the Property and apply the praceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve Without bond if permitted by lew. Lender's Description: Spokane,WA Document-Year.DoclD 2009.5019375 Page: 5 of 9 Order : DY Commen t : , 5019375 Page: 5 0{ ~ Ri S A1_.~, 81/62/2894 94491 IJITI I_45 JC T 1. Spokan? Ca. UR DEED OF TRUST Loan No: 517000024 (Continued) Page 6 righi to the appointment of a receiver shall exist whether or not the apparent value of ihe Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disquality a person from serving as a receiver. Tenancy at Sufferance. If Grantor remains in possession of the Property atter the Property is sold as provided above or Lender otherwise becomes entitled to possession of the Property uport defauli of Grantor, Grantor shatl become a tenant at sutEerance of lender or the purcheser of the Property and shall, at Lender's option, either (1) pay a reasonabte rental for the use of the Property, or 121 vacate the Property immediately upon the demand ot Lertder. Other Remedies. Trustee or Lender shall have any other right or remedy provided in this Deed of Trust or the Note or by {aw. Notlce of Sek. Lender shall give Grantor reasonable notice of the time and place of any public sale of the Personal 'roperty or of the tirne after which any private sale or other intended disposition of the Personal Property is to be -iade. Reasonable notice shafl mean notice given at least ten {10) days before the time o( the sale or d'rsposition. ~ny sale of the Personal Property may be made in conjunction with any sale of the Real Property. Sale of the Property. To the extent permitted by applicaDle taw, Grantor hereby waives any and alI rights to have che Property marshailed. In exercising its rights and remedies, the Trustee or Lender shall be free to sell all or any part of the Property together or separately, in one sale or try separate sales. Lender ahall be entitled to bid at any public sale on atl or any portion of the Property. Attorneys' Fees; Expenaea. If Lender instkutes any suit or action to enforCe any of the terms of this Deed of Trust, Lender shall be entrtled to recover such sum as the court may adjudge reasonable as attorneys' tees at trial and upon any appeal. Whether or not any courl action is involved, and to the extent not prohibited by law, aN reasonable ezpenses Lender incurs that in Lender's opinion are necessary at any time tor the protection of its interest or the enforcement of its rights sfiall become a part of the Indebtedness payable on demand and shall bear interest at the Noie rate from ihe date of the expenditure until repaid. Expenses covered by this paragraph include, without (imitation, however subject to any limits under applicable law. Lender's attorneys' fees and Lender's legal expenses, whether or not there is e lawsuit, includinp attorneys' fees and expenses for bankruptcy proceedings Iincludinp efforts to modify o► vacste any autometic stay or injurtetianl, appeals, and any anticipated post-judgment collection services, the cost of searching records, obtairynp title reports (including foreclosure reports), surveyors' reports, and appraisel fees, title insurance, and fees tor the Trustee, to the sMent permitted by applicable law. Grerttor also will pay any court cnsts, in addition to all oiher 5ums provided by law. Rlphta of Trustee. Trustee shall have all of the rights and duties of Lender as set torth in this section. POWERS AND OBLIGATIONS OF TRUSTEE. The followinQ provisions relating to the powers and obligations of Trustee (pursuant to Lender's instructions) ara part of this Deed of Trust: Powers of Trustee. In addition to ell powers of Trustee arising as a mattar of law, Trustee shall have the power to take the fotlowinp actions with respect to the Property upon the written request of Lender and Grantor: (a) join in preparing and filing a map or plat of the Real Property, including the dedication of sireets or other rights to the Dublic: (bl join in granting any easement or creating any restriction on the Real Proparty; and (c) join in any subordination or other agreement affecting this Deed of Trust or the interest of lender under this Deed o1 Trust. Oblipations to Notlfy. Trustee shall not be obligaud to notify any other party of a pending sale under any other trust deed or lien, or of any action or proceeding in which Grantor. Lender, or Trusiee shall be a party, unless required by applicable law, or uMess the action or proceeding is broupht by Trustee. Trustes. Trustee shall meet all qualifications required for Trustee under applicable taw. In addition to the riphts and remedies set forth above, with respect to aIl or any part of the Property, the 7rustee shall have the right to foreclose by notice and sale, and Lender shell have the right to loreclose by judicial foreclosure, in either case in eccordance with and to the full extarrt provided by applicable law. Suecessor Trvatee. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee appointed under this Deed of Trust by an irutrument executed and acknowledged by Lender and recorded in ihe office of the recorder of SPOKANE County, State of Weshington. The instrument shaU contain, in addition to all other matters required by state law, the names of the original Lender, Trustee, end Grantor, the book and page or the Auditor's File Number where this Deed of Trust is recorded, and the name end address of the successor trustee, and the instrument shall be executed and acknowledBed by Lender or ib successors in interest. The successor trustee, without conveyance of the Property, shall succeed to all the title, power, and duties conferred upon the Trustee in this Deed of Trust and by appficable law. This procedure for substicution of Trustee shall govern to the exelusion of all other provisions for substitution. N071CES. Subject to applicable law, and ezCept for notiCe required or allowed by law to be given in another manner, any notice required to be given under this Deed of Trust, including wiihout limitation any notice of detauh and any notice of sale shall be given in writing, and shall be eifective when actuelly delivered, when ectually received by teletacsimile Iunleas otherwise raquired by law1, when deposited with a nationally recognized overnight courier, or, it mailed, when deposited in the United States mail, as fi►st class, certified or registered mail postape prepaid, directed to the addresses shown neer the beginning of this Deed of Trust. All copies of notices of foreclosure from the holder of any lien which has priority over this Deed of Trust shall be sent to Lender's address, es shown near the beginning of this Deed of Trust. Any party may changa hs address for notices under this Deed of 7rust by giving lormel written notice to the other perties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Grantor agrees to keep L.ender informed at all times of Grantor's current address. Subject to applicable law, and except for notice required or allowed by law to be given in another msnner, ii there is more than one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to aIt Grantors. ADDITlONAL PROVISlON. GRANTOR AGREES AT ALL TIMES tJOT Tp CONDUCT ANY ACTIVITIES UPON THE REAL PROPERTY THAT WOULO VIOLATE THE RESTRICTION/COVENANT CONTAINED IN THAT CERTIAN S7ATUTORY WARRANTY DEED DATED MARCH 3, 1975 AND RECORDED MARCH 21, 1975 AS SPOKANE COUNTY AUDITOR'S NUMBER 7503210197. MISCELLANEOUS PROVISIOf+tS. The following miscellaneous provisions are a part of this Deed of 7rust: Amendmenta. This Deed of Trust, together with any Related Documents, constitutes the entire understanding and agreemerri of the parties as to the matters set iorth in this Deed of Trust. No alteration o1 or emendment to this Deed of Trust shall be effective unless given in writinp end signed by the patty or parties sought to be charged or bound by the alteration or amendment. Artnusl Rsports. It the Property is used for purposes other than Grantor's residence, Grar►tor shall furnish to Lender, upon request, a ceRified statement o( net operoting income received from the Property durinp Grsntor ~ previous fiscal year in suoh torm and datail as Lender shall require. "Net operating income" shall mean all c: receipts from the Property less all cash expenditures mede in connection with the operation o( the Property. Description: Spokane,WA Document-Year.DoclD 2004.5019375 Page: 6 of 9 Order : DY Commen t : ~ • - ~ ~ 5019375 Page 7 of 9 e1/e2r2094 ea e01 RA4SNRT I I I.E S CC [T c ± SpOYane Co, UR DEED OF TRUST Loan No: 517000024 (Continued) Page 7 Caption Hsedines. Caption headings in this Deed oi Trust are for convenience purposes only and are not to be used to interpret or detine the provisions of this Deed of Trust. Merqer. There shall be no merger of the interest or estate created by this Deed oi Trust with any other interest or estate in the Property at any time hald by or for the benefit of Lender in any capacity, without the written consent 01 Lender. Goveming Lew. This Dsed of Trust will bs governed by, conetrved nnd enforced in accordance with tederal !aw and ths laws of the State of Washinpton. This Deed of Trust has been acceptsd by Lender in the State of Washinpton. Choice of Venue. If there is a lawsuit, Grentor agrees upon Lender's request to submit to the jurisdiction of the courts of Pend Oreitle County, State of Washington. No Waiver Dy Lender. Lender shall not be deemed to have waivad any rights under this Deed of Trust unless such waiver is given in writinp and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Deed of Trust shall not prejudice w constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Deed of Trust. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. 1M1lhenever the consent of Lendtr is required under this Deed of Trust, the granting of such consent by Lendar in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all ceses such consent may be granted or withheld in the sole discretion of Lender. Severabfl[ty. If a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal, invalid, or unenforaeable as to any circumstance, thnt findinp shall not make the offending provision illegal, invalid, or unenforceable as to any other circumstance. If feasible, the offendinp provision shall be considered modified so that it becomes legal, valid and eniorceeble. If the nffending provision cnnnot be so modified, it shell be considered deleted from this Deed of Trust. Unless otherwise required by law, the illegality, invalidity, or unenforceability of any provision of this Deed of 7rust shall not affect the legality, veGdity or enforceability of any other provision of this Deed of Trust. Succeaaors snd Assipns. Subject to any limitations stated in this Deed of Trust on transfer of GrantoPs interest, tMs Deed of Trust shall be binding upon and inure to the benefit of the perties, their successors and assigns. If ownership of the Properry becomes vested in a person other then Grantor, Lender, without notice to Grentor, may deal with Grantor's successors with reference to this Daed of Trust and the Indebtedness by way of forbearance or extension without releasinfl Grantor from the obli9ations of this Deed of Trust or liabifity under the Indebtedness. Tlme 4 of the Essence. Time is of the essence in the performance of this Deed of Trust. Waivsr of Homeatesd Exemption. Grantor hereby releases and waives all rights and benefits of the homestead exemption laws of the Stete of Washington as to all Indebtedness secured by this Deed of Trust. DEFINITIONS. The tollowing capitelized words and terms shall have the following meanings when used in this Deed of Trust. Unless specifically stated to the contrary, ell referencea to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular Oell include the plural, and the plurel shall include the singular, as the cornext may require. Words and terms not otFiarwise defined in this Deed of Trust shall have the meanings attributed to such terms in the Uniform Commerciel Cude: Benaficiary. The word "Beneficiary' means Mountain WestBanlr and iu successors end assi9ns. Borrower. The word 'Borrower" means J. D. 'S DRAGOfQy:l►dC•and includes all co-signers and co-makers signing the Note. . • Deed of Trust The words "Deed of Trust' mesrilthls Deed of Trust among Grentor, Lender, and Trustee, and includes without limitation all assipnment and seciuity interest proyisions relating to the Personal Propetty and Rents. Detauk. The word "Default" meens the Default set torth in this Deed of Trust in the section tiUed "Defauh'. EvsrK of Defauh. The words 'Event of Defauh' mean any of the events of defauh set forth in this Deed of Trust in the evants of detauh section of this Deed of Trust. Grsntor. The word 'Grantor' means J. D. 'S DRAGON, 1NC. Guarantor. The word 'Guarantor' means any puarentor, surery, or accommodation party of any or all of the Indebtedness. Guaranty. The word 'Guaranty' means the guarartty from Guararitor to Lender, including without limitation a guaranty of all or part of the Note. Improvementa. The word "Improvements" means all existinp and luture improvements, buildings, structures, mobile homes aifixed on the Real Property, facilities, additions, replacements end other construction on the Real Property. Indsbtedneas. The word 'Indabtedness' means all principal, interest, and other amounts, costs and expenses payable under the Note or Related Documents, togethar with ell renewels ot, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents and any amounu expended or advanced by Lender to discharpe Grantor's oblipations or expenses incurred by Trustee or Lender to enforce Grantor's obligations under this Deed of Trust, together with interest on such amounts as provided in this Deed of Trust. Lender. The word "Lender" meens Mountain West Bank, its successors and assigns. Note. The word "Note" means the promissory note dated January 2, 2004, in the original principal emount of $1,500,000.00 from Grantor to Lender, together with all renewals of, extensions of, modifications of, refinencings of, consolidations of, and substitutions tor the promissory note or apreement. The meturity date of this Deed of Trust is January 10, 2009. NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE. Personal Proparty. The words 'Personal PropertY' mean aIl equipment, fixtures, end other articles of personal property now or hereaher owned by Grantor, and now or hereafter attached or aNxed to the Real Property; toeether with all accessions, paru, and additions to, all replacements of, end atl substitutions for, any of such ptoperty; and together with ell issues and profits thereon and proceeds (including without limitation a!I insurance proceeds and refunds of premiums) trom any sale or other disposition of the Property. Propertr. The word "Property" means collectively the Real Property and the Personal Property. Real Property. The words "Real Property" mean the real property, interests and riphts, as further described in this Deed of Trust. Description: Spokane,WA Document-Year.DoclD 2004.5019375 Page: 7 of 9 Order : DY Commen t : ~ ~ , lj ~ 5019375 ~ ~ T Page: A of 9 0118212994 tl4;QAf TRRt•SNR1 lN, TITLL 45 '0 . 40 Spokane Co, llA DEED OF TRUST Laan No: 517000024 (Continued) Paga 8 Releted Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indabtedness; provided, that the environmental indemniry agreements are not "Related Documents" and are not secured by this Deed of Trust. Rents. The word "Rents" means all present and future rents, revenues, income, issues, royaliies, profits, and other benefits derived trom the Property. Trustee. The word 'Trustee' means TRANSNA710N TITLE INSURANCE, whose mailing address is 105 W 3RD, SPOKANE, WA 99201 and any substitute or successor trustees. GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIOMS OF THIS DEED OF TRUST, ANO GRANTOR AGREES TO ITS TERMS. GRANTOR: J. D. 'S DRAGON, 1 J.C AI „ es ent o J. D. S DRAGON, INC 4 .'lr , " CORPORATE ACKNOWLEDGiNENT STATEOF W 14-9 ~f 1 ) SS COUNTY OF ~ t--~ I On this V~ day of 20 before me, the undersigned Notary Public, personally appeared JACK DUNCAsidertt of J. D. 'S DRAGON, INC, and personally known to me or proved to me on the basis of satisfaciory evidence to be an authorized agent of the corporation that executed the Deed of Trust and acknowledged che Deed of Trust to be the free and votuntary act and deed of the corporation, by authority of iu Bylaws or by resolution of its board of dir r f the uses and purposes therein mentioned, and on oath stated that he or she ' uthorized to exec t' nd in fact executed the Deed of Trust on behalt of the corporation. t~_-•: ~GB ' `a '.S coi gy YJ, F Reslding at . Nor Notary PubGc in and for the Stete of 1*=r ~ My commission expires K'~1SH1N REaUEST FOR FULL RECONVEYANCE 70; , Trustee The undersigned is the legal owner and holder of all indebtedness secured by this Deed of Trust. You are hereby requested, upon payment of alt sums owing to you, to reconvey without wananry, to the persons entitled thereto, the right, title and interest now held by you under the Deed of Trust. Date: Beneficisry: By. . hs_ usa r~o ~..+.a. v.. ~ 3ilam¢ w. ww.....r s.aa.,.... ~nr. mm ~v we~. L~awawoI.rc m.s~s n4. Description: Spokane,WA Docimment-Year.DoclD 2004.5019375 Page: 8 of 9 Order: DY Comment: ~ . ~ 5019375 Page : 9 04' 9 9110212064 04-601 TITLE Spokane Cfl) WR 'RANSNRT_)N, • EXHIBIT "A" PARCEL A: THE WEST HALF OF TRACT 162, OPQORTUiVITY, ACCGRDING TO PLAT RECORDED IN VOLUME "K" OF PLATS, PAGE 24; IXCEPT THE NORTH 237 FEET OF THE EAST HAE..F 0F THE EAST HAI..F OF THE WEST HALF OF TP.ACT 162; AND DCCEPT THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID TRACT; THENCE NORTH 90000'00" EAST ALONG THE NORTH LINE OF SAID TRACT, A DISTANCE OF 246.30 FEET TO THE EAST LINE OF THE WEST 10 FEET OF THE EAST HALF OF THE EAST HAIF OF THE WEST HALF OF SAID TRAC?; THENCE SOUTH 00°10'27" WEST ALONG SAID EAST i1NE A DISTANCE OF 42$.00 FEET TO A LINE PARALLEL WITH AND DISTANT SOUTHERLY 428.00 FEET, MEASURED AT RIGHT ANGLES, FROM SAID NORTH LINE OF TRACT 162; THENCE NORTH 90000'00" WEST, ALONG SAID PARAUF-L LINE A DISTANCE OF 246.62 FEET TO THE WEST LINE OF SAID TRAC7 162; TNENCE NORTH 00°13'00" EAST ALONG SAID WEST LINE A DISTANCE OF 428.00 FEET TO THE POINT OF BEGINNING; STTUATE IN THE COUNTY OF SPOKANE, STATE OF WASHINGTON. PARCEL 8: TNE SOUTH 415.05 FEETF THE WEST 125.0 FEET OF THE EAST HALF 4F TRACT 162~ OPPORTUNIiI', ACCORDING TO PlAT RECOROED IN VOLUM/V"K" OF PLATS, PAGE 20; , ; SITIiATE IN THE COl/NTY OF SPOKANE, STATE OF WASHINGTON. ~ . PARCEL C: THE EAST HALF EXCEPT THE WES7 125 FEET THEREOF; AND EXCEPT THE NORTH 200 FEET OF THE EAST 120 FEET OF TNE WEST 245 FEET THEREOF, TRACT 162, OPPC}RTUNTTY, ACCORDING TO PLAT RECORDED IN VOLUME "K" OF PlATS, PAGE 20; . SITUATE IN THE COUNTY QF SPOICaNE, STA7E OF WASHINGTON. PARCEL p: THAT PORTION OF TRACT 161, OPPORTUNITY, ACCORDING TO PLAT RECORDED IN V4lUME "K" OF PLATS, PAGE 20, IN SPOKANE COUNTY, WASHINGTON, DESCRIBED AS FOLLC}W5: BEGINNING AT THE SOUTHWEST CORNFR OF SAID TRACT 161; TNENCE NORTH 0005' EAST, ALONG THE WEST LINE 0F SAID TRACT 290.17 FEET; THENCE SOUTH 89°57' EAST, 105.00 FEEr; THENCE SOUTH 0005' WEST, 290.23 FEET TO A POFNT ON THE SOUTN LINE OF SAID TRACT; THENCE NORTN 89055" WEST, ALONG SAID SOUTH I..INE, 105.00 FEET TO THE POINT OF BEGINNING. SITUATE IN THE COUNTY OF SPOKANE, STATE OF WASHINGTON. Description: Spokane,WA Document-Year.DocID 2004.5019375 Page: 9 of 9 Order : DY Commen t : • . ~ 5019376 Page: 1 of 7 e1re2ieeea e4:ee1 ' RRK.: 9T _ O~., i IT 1 _ r.; F4. i 525. 1 Spokane Co, LiR RETURN ADDRESS: Mountain West Bank PO BOX 399 Sandpoint, ID 83864 ASSIGNMENT OF RENTS Reference # (if applicable): Additional on page Grantor(s): 1. J. D. 'S DRAGON, INC Grantee(s) 1. Mountain West Bank Legal Description: Portion of Tract 161 6 Tract 162 Opportunity Additional on page Assessor's Tax Parcel ID#: 45222.0228 and 45222.0229 THIS ASSIGNMENT OF RENTS deted January 2, 2004, is made and executed between J. D.'S DRAGON, iNC (referred to below as "Grantor") and Mountain West Senk, whose mailing address is 330 N Washington, PO Box 1530, Newport, WA 99156 (referred to below as "Lender"). v ~ Description: Spokane,WA Doci7rnent-Year.Doc1D 2004.5019376 Page: 1 of 7 Order : DY Commen t : 5019376 p~: Z o4 7 ~ 61!19212984 Q4 801 , . ~ Spokane Co, lJR C ~ ;~lT ON, T 1jLE ~ 3 ASSIGNMENT OF RENTS Loan No: 517000024 (Continued) Page 2 ASSIGNMENT. For valuable consideration, Grantor hereby assigns, grants a continuing security interest in, and conveys to Lender aU of Grantor's right, title, and interest in and to the Rents from the following described Property located in SPOKANE County, State of Washington: See EXHIBtT "A", which is attached to this Assignment and made a part of this Assignment as if fulty set forth herein. The Property or its address is commonly known as 12$28 E SPRAGUE, SPOKANE, WA 99216. The Property tax identification number is 45222.0228 and 45222.0229 COLLATERAL DESCRIPTION. The word "Rents' as used in ihis Assignment means sll of Grantor's present and future rights, tit{e and interest in. to and under the followinp described specific Lease of all or a portion of the property described in the "Assignment" section herein. The folbwing is a general description of the 9pecific lease: LEASE TYPE: . Lease Date: November 26, 2003 Start Date: December 31, 2003 End Date: December 31, 2006 Lessee(s): EAST BOWL LTD, SPOKANE, WA Description of the Premises: 12828 E SPRAGt1E AVE, SPOKANE VALLEY WA Rental Amount: 12,750.00 Deposit Amount: N/A Lease Terms: 60 MONTHS Recording Data: NONE THIS ASSIGNMENT IS GIVEN TO SECURE (1) PAYMENT OF THE INDEBTEDNESS AND (2) PERFORMANCE OF ANY ANO ALL OBLIGATIONS OF GRANTOR UNDER THE NOTE, TNIS ASSIGNMENT, AND THE RELATED DOCUMENTS. THlS ASSIGNMF1dT tS GIVEN AND ACCEPTED ON THE FOLtOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Assignment or eny Relnted Documenis, Grantor shatl pay to Lender al1 amounts secured by this Assignment as they become due; end shell strictly perform all of Grantor's obligations under this Assignment. Unless and until Lender exereises its right to coltect the Rents es provided below and so long as thare is no default under this Assipnment, Grantor may remain in possession end control of and operate and manage the Property and collect the Rents, provided ihat the granting of the right to collect the Renta shall not constitute Lender's consant to the use o1 cash collateral in a bankruptcy proceedinp. GRANTOR'S REPRESENTATIONS AND WARRANTIES. Grarrtor warrants that: Ownsrship. Grantor is entitled to receive the Rents free end clear of all rights, loans, tiens, encumbrnnces, and claims except as disclosed to and eccepted by lender in writing. Ripht to Assign. Grantor has the full right, power and authority to enler into this Assignment and to assipn and convey the Rents to Lender. No Prior Assiqnment. Grantor has not previously assipned or corweycd the Rents to any other person by any instrument now in force. No Further Transfer. Grantor will not sell, assign, encumber, or otherwise dispose of any of Grantor's rights in the Rents except as provided in this Assignment. LENDER'S RIGHT TO RECEIVE AND COLLECT RENTS. Lender shall have the right at any time, snd even though no default shall have occurred under this Assignment, to collect and receive the Rents. For this purpose, Lender is hereby given and grsntad the toliowing rights, powers and authoriry: Notlce to Tenants. Lender may send notices to any and all tenents of the Property advising them of this Assignment and directing eIl Renu to be paid directty to Lender or Lender's agent. Enter the Property. Lender may enter upon and teke possesaion of the Properry; demnnd, collect and receive from the tenants or from any other persons liable therefor, elf of the Rents; institute and carry on all legal proceedinfls necessary tor the protection of ihe Property, including such procoedings as may be necessary to recover possession of the Property; collect the Rents and remove any tenent or tenents or other persons from the Property. Maintein the Property. Lender may enter upon the Property to maintain the Aroperty and keep the same in repair; to pay the cosis thereoi and of alI services of alt employees, including their equipment, and of atl continuing costs and ezpenses of maintaining the Property in proper rapair and condition, and atso to pay aft taxes, assessmenu and water utilities, snd the premiums on fire and other insurance effected by Lender on the Property. CompGance wlth Laws. Lender may do any and all things to execute and comply with the lews of the Stete of Washington and also all other laws, rules, orders, ordinances and requirernents of all other governmental egencies affetting the Property. Lease the Property. Lender may rent or lease the whole or any pert of the Property ior such term or terms and on such conditions as Lender may deem appropriate. Employ Agenti. Lender may engage such agent or epents as londer may deem appropriate, either in Lender's name or in Grantor's name, to rern and manape the Property, including the collection and application of Rents. Other Acu. Lender may do alt such other things and acts with respect to the Property as Lender may deem appropriate and may act exclusively end solely in the place and stend of Grantor and to have ell of the powers of Grantor for the purposes stated above. No Requirsment to Act. Lender shall not be required to do any of the foregoing acts or thinga, and the fact that Lender shatl have performed one or more of the foregoing acts or things shall not require Lender to do any other specific act or thing. APPLICATION dF RENTS. AIt costs end ezpenses incurred by Lender in connection with the Property shall be for Grantor's account and Lender may pay such costs and expenses from the Renta. lender, in its sole discretion, shalt determine the application ot any and ell Rents received by it; however, any such iients received by Lender which are not applied to such cosu and expenses shall be epplied to the Indabtednesa. AIl expenditures made by Lender under this Assignment artd not reimbursed from the Rents shall become a part of the Indebtedness secured by this Assignment, and shall be payable on demand, with interest et the Note rete from date of expenditure until paid. Description: Spokane,WA Document-Year.DoclD 2004.5019376 Page: 2 of 7 Order: DY Comment: s ~ 5019376 Page ! 3 of 7 81182t2894 64:99( TP,RF S JAT ;1, 1 I TLE MS CO Spokane Co, uR ASSIGNMENT OF RENTS ' Loan No: 517000024 (Continued) Page 3 FULL PERFORMANCE. If Grantor pays all of the Indebtedness when due and otherwise performs all the obligations imposed upon Grantor under this Assignment, the Note, and the Related Documents. Lender shall execu[e and deliver to Grantor a suitab{e satisfaction of this Assignment and suitable statements of termination of any (inancing statement on (ile evidencing Lender's security interest in the Rents and the Property. Any termination fee required by law shall be paid by Grantor, it permitted by applicable law. LENDER'S EXPENDITURES. If eny action or proceeding is commenced that would materiatly atfect Lender's interest in the Property or ii Grantor fails to comply with eny provision of this Assignment or eny Related Documents, including but nat limited to Grantor's failure to discharge or pay when due any amounts Grantor is required to discharge or pay under this Assignment or any Related DocumeMS, Lender on Grantor's behalf may (but shall not be obligated to) take any action that Lender deems appropriate, including but not limited to discharging or paying all taxes, liens, security interests, encumbrances and other claims, at any time levied or ptaced on the Rents or the Property and paying all costs for insuring, maintaining and preserving the Property. All such expenditures incurred or paid by Lender for such purposes will then bear interest et tfie rate charged under the Note from the date incurred or paid by Lender 2o the date of repayment by Grantor. AII such ezpenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (6) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due durinp either (1) the term of any applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. The Assignment also will secure payment of these amounts. Such right ahall be in addition to all other rights and remedies to which Lender may be entiUed upon Default. DEFAULT. Each of the following, at Lender's option, shatl constitute an Event of Default under this Assignment: Payrnent Defsult. Grantor fails to make any payment when due under the Indebtedness. Other Defauhs. Grantor fails to comply with ot to perform any other term, obligation, covenant or condition contained in this Assignment or in any of the Related Documents or to comply with or to pertorm any term, obligation, covenant or condition contained in any other apreement between Lender end Grantor. Defautt on Othsr Paymsnts. Failure of GrantDr within the time required by this Assignment to make any payment for taxes or insurance, or any other payment necessery to prevent filing of or to effect discharge of any fien. Environmental Defauh. Failure of any party to compty with or perform when due any term, obligation, convenant or condition contained in any environmental agreement executed in connection with the Property. False 5tatsmerrts. Any warranty, representation or stetement made or furnished to Lender by GraMOr or on Grarrtot's behali under this Assignment or the Ralated Documents is false or misleading in any matarial respect, either now or at the time made or furnished or becomes talse or misleading at any time thereaher. Defeetiw Collatereflzation. This Assignment or any of the Related Documenu ceeses to be in full force and effect (includinp tailure of any collaterol document to create a valid and perfected security interest or lien) at any time and Sor any reason. Insolwricy. The dissolution or termination of Grantor's existence as a going business, the insolvancy of Grarnor, the appointment of a receiver for any part of Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insoNency laws by or against Grantor. Creditor or Forfeidue Proca"inys. Commencement of toreclosure or forieiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any craditor of Grantor w by any governmental a8ency against the Rents or eny property securing the Indebtedness. This includes a gamishment of any of Grantor's accounu, including deposit accounts, with Lender. However, this Event of DefauFt shall not apply ii there is a good faith dispute by Grantor as to the vafidity or reasonableness of the claim which is the basis of the creditor or torfeiture proceeding and if Grantor gives Lender written novice of the creditor a forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forteiture proceeding, in an amount detarmined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Property Damspe or Loas. The Property is lost, stolen, substantially damaged, sold, or borrowed sgainst. Everrts Affactinp Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validiry ot, or liability under, any Guaranty of the Indebtedness. In the event of s death, Lender, at its option, may, but ahall not be required to, permit the Guarantor's estate to assume unconditionally the obligations arisinp under the guaranty in a manner satisfactory to Lender, nnd, in doing so, cure any Event of Default. Adverse Chengs. A material adverse chenge occurs in Grantor's financiel condition, or Lender betieves the prosDeGt of payment or performance of the Indebtedness is impaired. Insecurity. Lender in good faith believes itself insecure. Cure Provisions. Ii any default, other then a defauh in payment is curable and H GraMOr hes not been given a notice of a breach of the same provision of this Assignment within the precedinp twelve (12) months, it may be eured (and na event of de(euh will have occurred) ii Grantor, efter receivinp written notice from Lender demandinp cure of such default: 0 1 cures the defauR within fitteen (15) days; or (2) if the cure requires more then fifteen (16) days, immediately inhietes steps which Lender deems in Lender's sole discretion to ba sufficient to cure the default and thereefter continues and completes all reasonable and necessary stePs sufficient to produce compliance as soon as reasonably practical. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrance of any Event oi Default and at any time thereafter, Lender may exercise any one or more of the following rights and remedies, in addition to any other rights or remedies provided by law: Accelenta lodebtsdness. Lender shall have the right at its option without notice to Grantor to declare the entira Indebtedness immediately due and peyabk, including any prepayment penalty which Grantor would be required to pay. Colkct Rants. Lender shetl have the right, without notice to Grantor, to take possession of the Property end collect the Rents, including amounts past due end unpaid, and applY the net proceeds, over and above Lender's costs, against tfie Indebtedness. In turtherance of this right, Lender shall have all the rights provided for in the Lender's Right to Receive and Collect Rents Section, above. lf the Rents are collected by Lender, then Grantor irrevocably designates Lender as Grantor's attorney-in-fact to endorse instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceads. Paymenu by tenants or other users [o Lender in response to Lender's demand shall satisfy the obligations for whiCh the paymeMS are made. whether or not any proper prounds for the demand existed. Lender may exercise its riphts under this subparagraph either in person, by agertt, or through a receiver. Description: Spokane,WA Document-Year.DoclD 2004.5019376 Page: 3 of 7 Order: DY Comment: ~ . 5019376 ~ Page: 4 of ~ co e11e242ee4 04:ee1 Spokane Co ~ 1!A ASSIGNMENT OF RENTS Loan No: 517400024 (Continued) Page 4 Appoint Receiver. lender shatl have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding or pending foreciosure or sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver. Other Remsdies. Lender shall have all other rights and remedies provided in this Assignment or the Note or by law. Election of Remsdes. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Assignment, aher Grantor's faiture to perform, shall not aNect Lender's right to declare a defaWt and exercise its remedies. Attomeys' Fees; Expenses. If Lender institutes any suit or action to eniorce any of the terms o1 this Assignment. Lender shall be entitled to recover such sum as the court may adjudpe reasonaWe as attorneys' fees at trial and upon any appeal. Whether or not any court action is involved, and to the eztent not prohibited by law, all reasonable ezpenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its rights shatl become a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date o1 the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunctiony, appeals, and any anticipated post-judgment collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees, dt{e inaurance, and fees for the Trustee, to the extent permitted by applicable {aw. Grantor elso will pay any court costs, in addition to all other sums provided by law. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions ere a part of this Assignment: Amendments. This Assignment, topether with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Assignment. No aheration of or amandment to this Assignment shatl be ettective unless given in writing and signed by the party or parties sought to be charged or bound by the alteretion or amendment. Captbn Headings. Caption headines in this Assignment are tor convenience purposes only and are not to be used to interpret or define the provisions of this Assignment. Goveminp law. Thts Asciynment will bs gowmad by, conrnued snd snforced in aeeordanee wiM fsdsrai law and the laws of the Stats of Wsshinyton. Thia Asslpnment has bssn acceptsd by Lander in ths Stata of Waafiinpton. Choice of Venue. If there is a lawsuR, Grantor ag(ees upon Lender's request to submit to the jurisdiction of the courts of Pend Oreilla County, Stete of Washingion. Meryer. There shall be no merger of the irnerest or estate created by this assipnment with any ather interest or estate in the Property at any time held by or tor the benefit of Lender in any capacity, without the written consent of Lender. Interpretetion. 111 In all cases where there is more than one Borrower or Grentor, then all words used in this Assignment in the singular shall be deemed to have been used in the plural where the context and construction so require. (2) If more than one person signs this Assignment as 'Grantor," the obligations of each Grantor sre joint and several. This means ihat if Lender brinps a lawsuit, Lender may sue any one or more o( the Grantors. If Borrower and Grantor are not the same person, Lender need not sue Borrower first, and that Borrower need not be joined in any lawsuit. (3) The names given to paragraphs or sections in this Assignment are for convenience purposes only. They are not to be used to interpret or define the provisions of this Assignment. No Waiver by Lsnder. Lender shall not be deemed to have waived any riphts under this Assignment unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such ripht or any other ripht. A waiver by Lender of a provision of this Assignment shall not prejudice or constitute a waiver of Lender's right otherwise to demend suict compliance with that provision or any other provision of this AssignmeM. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute s waiver of any of Lender's rights or of any of Grantw's obligations as to any future transactions. Whenever the consent of Lender is required under this Assignment, the granting of such consent by Lender in eny insunce shall not constitute continuinp consent to subsequent instances where such consent is requirad and in all cases such consent may be granted or withheld in the sole discretion of lender. Notices. 5ubject to applicable law, and except tor notice required w allowed by law to be piven in anothsr manner, any notice required to be given under this Assignment shall be given in writinp, and shell be effective when ectually delivered, when actually received by teletacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginninp of this Assignment. Any pany may change its eddress for notices under this Assignment by giving formal written notice to the otfier parties, specifying that the purpose of the notice is to chenge the party's address. For notice purposes, Grantor agrees to keep Lender intormad at all timas of Grantor's current address. Subject to applicable law, and except for notice requirad or atlowed by Iaw to be given in another manner, ii there is more than one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to ell Grantora. Powers of Attorney. The various agencies end powers of attorney conveyed on Lender under this Assipnment ere granted for purposes of security and may not be rewked by GraMor until such time as the same are renounced by Lender. Sevorabltlty. If a court of competent jurisdiction finds any provision of this Assignment to be illegal, invalid, or unenforceable as to eny circumstence, that tinding shall not make the otfending provision illegal, invalid, or unenforceable as to arry other circumstance. If feasible, the offending provision shatl be considered modified so thai it Decomes legal, vafid and enforceable. lf the offending provision cannot be so modified, R shall be considered deleted from this Assignment. Unless otherwise required by law, the illegality, invalidity, or unenforceability of eny provision of this Assignment shall not affect the legality, validity or enforceability of any other provision of this Assignment. Succsssora snd Assipns. Subject to any limitations stated in this Assignment on transfer of Grantor's irtterest, this Assipnment shall be binding upon and inure to the benefit of the pnrties, their successors and assigns. Ii ownership of the Property becomes vested in a person other than Grantor, Lender, without notice to Grantor, may deal with Grantor's successors with reference to this Assignment and the Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this Assignment or liability under the Indebtedness. Description: Spokane,WA Document-Year.DoclD 2004.5019376 Page: 4 of 7 Order : DY Co=en t : s t I ~ 5019376 Far: s of 7 e1/e2/2e94 e4:e01 ' kRNSr AT_ 1N, TI t LE '5 CU hk i $5. I8 Spokane Ca uA ASSIGNMENT OF RENTS Loan No: 517000024 (Continued) Page 5 Tims is of tfie Essence. Time is of the essence in the periormance of this Assignment. WAIVER OF HOMES7EAD EXEMPTION. Grantor hereby reteases and waives all rights and benefits of the homestead exemption laws of the State of Washington as to all Indebtedness secured by th;s Assignment. WAIVER dF RIGHT OF REDEMPTION. NOTWITHSTAtJDING ANY OF THE PROVISIONS Tp THE CONTRARY CONTAINED IN THIS ASSIGNMENT, GRANTOR HEREBY WAIVES ANY AND ALL RIGHTS OF REDEMPTION FROM SALE UNDER ANY ORDER OR JUDGMENT OF FORECLOSURE ON GRANTOR'S BEHALF AND ON BEHALF OF EACH AND EVERY PERSON, EXCEPT JUDGMENT CREDITORS OF GRANTOR, ACQUfRING ANY INTEREST IN OR TlTLE TO THE PROPERTY SUBSEQUENT TO THE DATE QF THIS ASSIGNMENT. DEFlNITIONS. The following cepitalizad words and terms shall have the fotlowing meanings when used in this Assignment. Unless specifically stated to the contrary, ell references to dollar amounts shatt mean emounts in lawful money of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise defined in this Assipnment shall have the meaninps attributed to such terms in the Unitorm Commercial Code: Asaipnment. The word "Assignment" means thia ASSIGNMENT OF RENTS, as this ASSIGNMENT OF AENTS may be amended or modified from time to time, together with all exhibits and schadules attached to this ASSIGNMENT OF RENTS from time to time. Borrower. The word "Borrower' means J. D. 'S DRAGON, INC. Defauh. The word "Default" means the Detauh set forth in this Assignment in the section titled 'DefaulY. Event of Defauh. The worda 'Event of Defauh" mean any of the events o1 default set forth in this Assignment in the detauh section of this Assignment_ Grantor. The word 'Grantor' means J. D. 'S DRAGON, INC. Guarontor. The word "Guarantor" means any guarontor, surety, or accommodation party of any or all of the Indebtedness. Gusranty. The word 'Guaranty' means the guararny trom Guarantor to Lender, including without limitation a guarenty of all or part of the Note. Indebtedness. The word 'Indebtedness' means atl principal, interest, and other amounts, costs end expenses payaWe under the Note or Related DocumeMs, together with all renewals of, extensions of, modifications of, consolidations of and substitutiorts for the Note or Related Documents and any amounts expendad or advanced by Lender to discharge Grentw's oblipations or expenses incurred by Lender to enforce Grarttor's obligations under this Assipnment, togethar with interest on such amounts as provided in this Assignment. Lesse. The word 'Lease' means the lease of the Property dated November 26, 2003, between Landlord, as defined in Related Documents, and Grantor, which was recorded as follows: NONE. Lender. The word "Lender" means Mountain Weat Bank, its successors and assigns. Note. The word 'Note" means the promissory note dated January 2, 2004, in the original principal amount of $1,500,000.00 from Grantor to Lender, together with all renewals of, extensions ot, modificationu of, refinancings of, consolidations of, and substitutions tor tha promissory note or agreement. Property. The word 'Property° means all of Grantor's right, title and interest in and to all the Property as described in the 'Assignmant' section of this Assignment. Related Documents. The words 'Related Documents' mean all promissory notes, credit apreements, loan agreements, environmental agreements, pueranties, security apreements, mortgages, deeds of uust, security deeds, collateral mortgages, and alt other instruments, agreements and documeMS, whether now or hereafter existing, executed in connectan with the Indebtedness. Rsnts. The word "Rents' means alI of Grantor's present end future rights, title and iMerest in, to and under any and all preserit and future leases, including, without limitation, all rents, revenue, income, issues, royahies, bonuses, accounts receivable, cash or security deposits, advance rerrtals, pro(its and proceeds from the Property, and other payments and benefits derived or to be derived from such leases of every kind and neture, whether due now or later, including without limitation Gramor's right to enforce such leeses end to receive and collect payment and proceedsthereunder. THE UtQDERSIGNED ACKNOWLEDGES HAViNG READ ALL THE PROVISIOfJS OF THlS ASSIGNMEIYT. AND rlOT PERSONALLY BUT AS AN AUTHORIZED SIGNER, HAS CAUSED THIS ASSIGNMENT TO BE SIGNED AND EXECUTED ON BEHALF OF GRANTOR ON JANUARY 2, 2004. GRANTOR: • • J. D. 'S G N W ( JA K D CAN', resident ot J. .'S DAAGON, INC Descriptioa: Spokane,WA Document-Year.DoclD 2004.5019376 Page: 5 of 7 Order : DY Commen t : , ~ ~ 50t9376 Page - 6 of 7 81/82/2084 84:681 ' RA SiRT_ 1H, IT.E 5 Cip FF i 5. +a SpoY.ane Co, lIA ASSlGNMENT OF RENTS Loan No: 517000024 (Continued) Page 6 CORPORATE ACKNOWLEDGMENT srare oF W.4. i •~lti i ss COUNTY OF I I On this day of J)ql 20c) before me, the undersigned Notary Public, personally appeBred JACK DUNCAN, President of J. D. 'S ORAGON, INC, and personally known to me or proved to me on the basis oi satistactory evidence to be an authorized agent ot the corporation that executed the ASSlGNMEfJT OF REM1ITS and acknowledged the Assignment to be the free and volurnary act and deed o( the corporation, b authority of its Byl or by reaolution oi its board of direciors, for the uses anC purposes therein mentioned, on oath stated a he or she is auth rized to execute this Assignment and in fact executed the Assignmen n hatf of t r tion. gY ~ L?UB Residinp et lAo`L 1 "(14 ,..,rv PtlS~~.. er n•.•t f(1' !-F}!! Sta•a r~f HO~ My commissan explres ~O 1 J~Lg ~ ~f[R rwo s.a 7o.m2 c.s. ~.v^mVtwl. Rc m.-e nF• AStii Description: Spokane,WA Document-Year.DoclD 2004.5019376 Page: 6 of 7 Order: DY Comment: . 5019376 Page - 7 of ? 0i~0Zr2004 94=8@( RRFISNAT_ )N, TITyE '_NS CO Spokane Co, WR EXHIE3IT "A" PARCEL A: THE WEST HALF OF TRACT 262, OPPORTUNITY, ACCORDING TO PLAT RECORDED IN VOLUME "K" OF PLATS, PAGE 20; EXCEPT THE NQRTN 237 FEET OF THE EAST HALF OF THE EAST HALF OF THE WEST HALF OF TRACT 162; AND EXCEPT THAT PORTIDN DESCRIBED AS FOLLUWS: BEGINNING AY THE NORTHWEST CORNER OF SAID TRACT; THENCE NORTH 90000'00" EAST ALONG THE NflRTN LINE OF SRID TRACT, A DISTANCE OF 246.30 FEET TO THE EAST LINE OF THE WEST 10 FEET OF THE EAST HALF OF THE EAST HALF OF THE WEST HALF OF SAID TRACT; THENCE SOUTH 00010'27" WEST ALONG SAID EAST LINE A DISTANCE OF 42$.00 FEET TO A LINE PARALLEL WITH AND DISTANT SOUTHERLY 42$.00 FFFT, MEASURED AT RIGHT ANGLES, FROM SAID NORTH LINE OF TRACT 162; THENCE NORTH 90000'00" WEST, ALONG SAID PARALLEL LINE A DISTANCE OF 246.62 FEET TO THE WEST LINE OF SAID TRACT 162; TNENCE NORTH 00°13'00" EAST ALONG SAID WEST LINE A DISTANCE OF 428.04 FEET TO YHE POiNT OF BEGINNING; SITUATE IN THE COUNTY OF SPOKANE, STATE OF WASHINGTON. PARCEL B: THE 54UTH 415.05 FEET OF THE WEST 125.0 FEET OF THE EAST HALF OF TRACT 162, OPP4RTUNITY, ACCORDING TO PLAT RECORDED IN VOI.UME "K" OF PLATS, PAGE 20; SITUATE IN THE CDUNT`( OF SPOKANE, STATE OF WASHINGTON. PARCEL C: TNE EAST HAL.F EXCEPT 7'HE WEST 125 FEET THEREOF; AND EXCEPT THE NORTH 200 FEET OF THE EAST 120 FEET OF THE WEST 245 FEET THERFOF, TRACT 162, OPPORTUNITY, ACCORDING TO PLAT RECORDED IN VOLUME "K" OF PLATS, PAGE 20; SITUATE IN THE COUNTY 4F SPOKANE, STATE OF WASHINGTON. PARCEL D: THAT ?ORTION OF TRACT 161, OPPORTUNTTY, ACCORDING TO PLAT RECORDED IN VOLUME "K" OF PLATS, PAGE 20, IN SPOKANE CDUNT(, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID TRACT 161; THENCE NORTH 0005' EAST, ALONG THE WEST LINE OF SAID TRACT 290.17 FEEi'; THENCE SOUTH 89°57' EAST, 105.00 FEET; THENCE SOUTH 0005' WEST, 290.23 FEET TO A POINT ON THE SOUTH LINE OF SAID TRACT; THENCE NORTH 89°55" WEST, ALONG SAID SOUTH LINE, 105.00 FEET TO THE POINT OF 6EGINNING. SITUATE IN THE COUNTY OF SPOKANE, STATE OF WASHINGTON. Descri.ption: Spokane,WA Document-Year.DoclD 2004.5019376 Page: 7 of 7 Order : DY Commen t : f • ' r , 5019377 ~ P ge. 1 0£ 7 01/6C/~064 64~001 111 11111 TRRh 11AT _)h, t I TLE _ rS CO l.~ V21. ~ S~okane Co, WR ~ 111 5019378 Page: 1 0£ 1 81192/2994 64:991 7RRF15NRT_ON, T1TLE IS CO GR ffi. 5pokane Co, WR WHEN RECORDED RETURN T0: Mountain West Bank 125 Ironwood Drive Sandpoint, ID 83816 -7 SUBORDINAI'ION, NONDISTURBANCE, AND ATTOANMENT AGREEMENT This Agreement is made this OMday of Ianuary, 2004, between East Bowl, Ltd, (the "Tenant"), Mountain West Bank (the "Lender"), and 3.D.'s Dragon, Inc. (the "Landlord"). WITNESSETH: Whereas, the Tenant has entered into a Commercial Lease Agreement dated November 26,2003 (the "Lease") with the Landlord covering premises (the "Premises") described in Exhibit A attached hereto and incorporated herein by this reference; Whereas, the Lender has agreed to make a loan of One Million Five Hundred Thousand Dollars ($1,500,000.00) to the Landlord secured by a deed of trust on the Premises (the "Deed of Trust"); and Whereas, the Lender has been requested by the Tenant and the Landlord to enter into a nondisturbance agreement with the Tenant; Now, Therefore, in consideration of the premises and mutual covenants hereinafter contained, the parties hereto mutually covenant and agree as follows: 1. The Lease and any extensions, renewals, replacements, or modifications thereof, and all of the right, title, and interest of the Tenant in and to the Premises are and shall be subject and subardinate to the Deed of Trust and to all of the terms and conditions contained herein, and to any renewals, modifications, replacements, consolidatians, and extensions of said Deed of Trust and/or this Agreement. ~ ~ I,aan No. 517000024 - ~ - Description: Spokane,WA Docr.ment-Year.DoclD 2004.5019378 Page: 1 of 1 Order: DY Co~aent: i 5019377 Page : 2 of 7 0142I2684 04:901 TRANS ~tTAN, TITLE AS CO SlB U. I Spokane Co, WR 2. The Lender consents to the Lease and, in the event of foreclosure of the Deed of Trust, or in the event the Lender comes into possession or acquires title to the Premises as a result of the enforcement or foreclasure of the Deed of Trust or the note secured thereby, or as a result of any other means, the Lender agrees to recognize the Tenant and further agrees that the Tenant shall not be disturbed in its possession of the Premises for any reason other than one which would entitle the Landlord to terminate the Lease under its terms or would cause, without further action by the Landlord, the termination of the Lease or would entitle the Landlord to dispossess the Tenant from the Premises. 3. The Tenant agrees with the Lender that if the interests of the Landlord in the Premises shall be transferred to and owned by ttie Lender by reason of foreclosure or other proceedings brought by it, or by any other manner, the Tenant shall be bound to the Lender under aIl of the terms, covenants, and conditions of the Lease for the balance of the term thereof remaining and any extensions or renewals thereof which may be affected in accordance with any option therefor in the Lease, with the same force and effect as if the Lender were the landlord under the Lease. The Tenant does hereby attorn to the Lender as its landlord, such attornment to be effective and self-operative withaut the execution of any further instruments on the part of any of the parties hereto immediately upon the Lender succeeding to the interest of the Landlord in the Premises. The T'enant agrees, however, upan the election of and written demand by the Lender within twenty (20) days after the Lender receives title to the Premises, to execute an instrument in confirmation of the foregoing provisions, satisfactory to the Lender, in which the Tenant shall acknowledge such attornment and shali set forth the terms and conditions of its tenancy. 4. The Tenant agrees with the Lender that if the Lender shall succeed to the interest of the Landlord under the Lease, the Lender shali not be (i) liable for any action or omission of any prior landlord under the Lease, (ii) subject to any offsets or defenses which the Tenant might have against any prior landlord, (iii) bound by any rent or additional rent which the Tenant might have paid for more than the current month to any priar landlord, (iv) bound by any security deposit which the Tenant may have paid to any prior landlord, unless such deposit is in an escrow fund available to the Lender, (v) bound by any amendment or modification of the Lease made without the Lender's consent, or (vi) bound by any pravision in the Lease which obligates the Landlord to erect or complete any building, or to perform any construction work or to make a.ny improvements to the Premises. The Tenant further agrees with the Lender that the Tenant will not voluntarily subordinate the Lease to any lien or encumbrance without the Lender's consent. 5. In the event that the Landlord shall default in the performance or observance of any of the terms, conditions, or agreements in the Lease, the Tenant shall give written notice thereof to the Lender and the Lender shall have the right (but not the obligation) to cure such Loan No. 517000024 - 2 - Description: Spokane,WA Document-Year.DoclD 2004.5019377 Page: 2 of 7 Order : DY Co~en t : 5019377 ' Page; 3 of 7 @lt~21~604 04~901 111111 RANS44R jiN, ItLE :IS CO slB 111 15.3 Spokane Ca, WR default. The Tenant shall not take any action with respect to such default under the Lease, including without limitation any action to terminate, rescind, or avoid the Lease or to withhold any rental thereunder, for a period of ten (10) days after receipt of such written natice thereof by the Lender with respect to any such default capable of being cured by the payment of money and for a period of thirty (30) days after receipt of such notice with respect to any other such default; provided that in the case of any default which cannot be cured by the payment of money and cannot with diligence be cured within such thirty (30) day period because of the nature of such default or because the Lender requires time to obtain possession of the Premises in order to cure the default, if the Lender shall proceed promptly to attempt to obtain possessian of the Premises, where possession is required, and to cure the same, and thereafter shall prosecute the curing of such default with diligence and continuity, then the time within which such default may be cured shall be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 6. The Tenant agrees with the Lender that the Tenant's estate in the Premises shall not be conveyed or encumbered without the prior written consent of the Lender so lang as the Lease is in effect. 7. This Agreement shall bind and inure to the benefit of the parties hereto and their successors and assigns. As used herein the term "Tenant" shall include the Tenant and its successors and assigns; the words "foreclosure" and "foreclosure sale" as used herein shall be deemed to include the acquisition of the Landiord's estate in the Premises by voluntary deed (or assignment) in lieu of foreclosure; and the word "Lender" shall include the Lender herein specifically named and any of its successors and assigns, including anyone who shall have succeeded to the Landlord's interest in the Premises by, through or under foreclosure of the Deed of Trust. 8, This Agreement shall not be modified or amended excegt in writing signed by all parties hereto. 9. In the event of any suit, action, or other proceeding to intergret or enforce this Agreement, the party prevailing at trial, on appeal, or in any bankruptcy proeeeding, shall be entitled to recover reasonable attorney fees. 10. The use of the neuter gender in this Agreement shall be deemed to include any other gender, and words in the singular number shall be held to include the plural, when the sense requires. I,oan Na 517000024 - 3- Description: Spokane,WA Document-Year.DocID 2004.5019377 Page: 3 of 7 Order: DY Comment: . 5019377 Page: 4 of ? 61r$2t2804 04:001 TkflFSNRT:ON, TITLE hS i(L.) Spokane Co, WR In Witness Whereof, the parties hereto have placed their hands the day and year first above written. [TENA E O TD. ~ . ~ 4 By ~ itle [LENDER] MOUNTAIN WEST BANK By _ Title ~ v / [LANDL4RD) J.D.'S DRAGON, INC. , , By - , T ' e A-V Loan No. 517000024 _ 4 - Description: Spokane,WA Document-Year.DoclD 2004.5019377 Page: 4 of 7 Order : DY Commen t : 5019377 • Page: 5 of 7 1 01182I2904 @4~09111 TRAFSNRT 01•., TITLE 'N CO I5L 'F . Spokane Co, WR State of Washington ) ) ss. County of Spokane ) I certify that I kriow or have satisfactory evidence that 4•T- V~t~ I f'l,5 is the person who appeared before me, and said person acknowledged that helshe signed this instrument, on oath stated that /she was authorized to execute the instrument and acknowledged it as the of East Bowl, Ltd., to be the free and voluntary act of such party for the uses and purposes mentioned in the instru.ment. Date • ~ ry 2 , 2004. ~~ti ~y Notary Public for ashington ~C residing at ~ . ~s, 2~ My appointment expires: sN►raGA State of Washington ) ) ss. County of Spokane ) I certify that I k.now or have satisfactory evidence that AM-Clf ~j is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the f4Ge, I'le p. of J.D.'s Dragon, Inc., to be the free and voIuntary act of such party for the uses and purposes mentioned in the instrument. Dated: Jan - 2004. , ; ~ ~N Notary Public for ashington G~41R, residing at Ol ~Z ~ g~~•~,'~~~ c,,, My appointment expires: tl-o 7-3 ~ ic ~ Loan No. 517000024 _ 5 _ Description: Spokane,WA Document-Year.DoclD 2004.5019377 Page: 5 of 7 Order : DY Co~en t : r I • • • 50193 77 • Page : 6 of ? TRRN34At: QN, TIiLE ~S CQ -l~ j. Spok~neeCa WRW ~ State of IdatM` ) ) ss. County of ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknoNOedged that Ishe signed this instrument, on oath stated that heishe was authorized to execute the instrument and acknawledged it as the , c%f-4 of Mountain West Bank, to be the free and votuntary act of such party for the uses and purposes.mentioned in the instrument. Dated ' day of January, 2004. No Public for ~~r c, NotA~, L4 residing at xc~ PIJ$1iC My appointment expires: lo -C~''-J ~ ~F WASH~NG~ Loan No. 517000024 - 6 - Description: Spokane,WA Document-Year.DoclD 2004.5019377 Page: 6 of 7 Order : DY Commen t : ~ ~ 5019377 . Page- 7 of 7 • " 61t02/2604 04@01 TRRF SNRT OF., TITLE qS CD -]1. Spokane Co~ WR EXHIBIT "A" _ FARCEL A: The West half of the West half of Tract 162, QPPORTLJNITY, according to plat recorded in Volurne 'V' of Plats, page 20; EXCEPT the North 237 feet of the East half of the East half of the West half of Tract 162; AND BXCEPT that portion described as follows: $EGINNING at the Northwest corner of said Tract; thence North 90-00'00" East along the North line of said Tract, a distance of 246.30 feet to the East Line of the West 10 feet of the East half of the East half of the West half of said Tract; thence South 00,-10'27" West along said East line a distauace of 428.00 feet to a line parallel with and distant Sou#herly 428.00 feet, measured at right angles, fram said North line of Tract 162; thence North 90o00'00" West, along saidparallel line a distance of 246.62 feet to the West line of said Tract 162; thence North 00c 13' 00" East along said West li.ne a distance of 428.00 feet to the PQINT QF BEGINNING; Situate in the County of Spokane, State of Washington. , PARCEL B : The Sou#h 415.03 feet of the West 125.0 feet of the East half of Tract 162, OPPORT'UNI'FY, ' according to plat recorded in Volume "k" of Plats, page 20; Situate in the County of Spokane, State of Washington. PARCEL C: The East half EXCEPT the West 125 feet thereof; AND EXCEPT the North 200 feet of the East 120 feet of the West 245 feet thereof, Tract 162, OPPORT'CJNI'i`Y, according to plat recorded in Volume "K" of Plats, page 20; Situate in the County of Spokane, State of Washington. PARCEL D: That portion of Tract 161 , OPPORTUNITY, according to plat recorded in Volume "K" of Plats, page 20, in Spokane County, Washington, describetl as follows: BEGRVNJNG at the Southwest corner of said Tract 161; thence North ODOS' East, along the West Iine of said Tract 290.17 feet; thence South 89-57' East, 105.00 feet; thence South 0-05' West, 290.23 feet to a point on the South Iine of said Tra.ct; thence North 89-D55" West, along said South line, 105.00 feet to the POIIVT OF BEGINNING. Situate in the County of Spokane, State of Washington. PARCEL NOS. 45222.0228; 0229 Description: Spokane,WA Document-Year.DocID 2004.5019377 Page: 7 of 7 Order: DY Camment: ~ ~ 11 ' 5019379 Page: 1 of 6 ■ Al/82/2994 84:981 RETURN ADDRESS: 'RRh°.AI JN, TITLL .1.; GU ,I)i, fc4. 48 Spokane Co, tA Mountsin Wsst Bank PO BOX 399 Sandpoint, IO 83864 ,3.coi HAZARDOUS SUBSTANCES CERTIFICATE AND INDEMNITY AGREEMENT Reference # (if applicable): Additional on page Grantor(s): 1. J. D. 'S DRAGON, INC Grantee(s) 1. Mountain West Bank Legal Description: Portion of Tract 161 b Tract 162 Opvortunity Additional on page Assessor's Tax Parcel ID#: 45222.0228 and 45222.0229 THiS HAZARDOUS SUBSTANCES AGREEMENT dated January 2, 2004, is made and executed among end Mountain Wesi Bank, Newport, 330 N Washington, PO Box 1530, Newport, WA 99156 (referred to below as "Lender"), I V 2 Description: Spokane,WA Document-Year.DoclD 2004.5019379 Page: Z of 6 Order: DY Comment: ~ v 5019379 Page: 2 of 6 01102/2994 64 89( 0~~R r On, TI i_E 6 Cf., _'G 11L4. 46 5pokane Co, WR HAZARDOUS SUBSTANCES AGREEMENT Loan No: 517000024 (Continued) Page 2 For good and valuable consideration and to induce Lender to make a Loan to Borrower, each party executing this Agreement hereby represents and agrees with Lender as follows: PROPERTY DESCRIPTION. The word "Property" as used in this Agreement means the following Real Property located in SPOKANE County, S[ate of Washington: See EXHIBIT "A", whiCh is attached to this Agreement and made a part of this Agreement as ii fully set forth herein. The Real Property or its address is commonly known as 12828 E SPRAGUE, SPOKANE, WA 99216. The Real Property tax identification number is 45222.0228 and 45222.0229 REPRESENTATIONS. The following representations are made to Lender, subject to disclosures made and accepted by lender in wr'rting: IYo Notices. Indemnitor has received no summons, citation, diractive, letter or other communication, written or oral, irom any agency or department of any county or state or the U.S. Government concarning any intentional or unintentional action or omission on, under, or ebout the Property which has resulted in the releasing, spilling, leaking, pumping, pouring, emitting, empfying or dumping of Hazardous Substances into eny waters or onto any lands or where damage may have resulted to the lands, waters, fish, shellfish, wildlife, biota, air or otfier natural resources. F-IRMATIVE COVENANTS. SuDject to disdosures made and accepted by Lender in writing, Indemnitor covenants ::,th leruier as follows: Noticea. Indemnitor shall immedietely notify Lender upon becoming aware of any of the following: (7) Any sp+H, relaase or disposat of a Hazardous Substance on any of the Property, or in connection with any of its operations if such spill, release or disposal must be reported to any governmental autharity under applicable Environmental Laws. 121 Any contamination, or imminent threat of coniamination, of the Property by Hazardous Substances, or any violation of Environmental Laws in cannection with the Properiy or the operations conducted on the Property. 131 Any order, notice of violetron, fine or penalty or other similar action by any govetnmental authority relating to HaZardous Substances or Environmental taws and the Property or the operations conducted on the Property. (41 Any judicial or administrative investigation or proceeding retating to liazardous Substances or Environmental Laws and to the Property or the operations conducted on the Property. (5) Any matters relating to Hazardous Substances ar Environmental Laws that would give a reasonably prudent Lender cause to be concerned that the value of Lender's securiry interest in the Property may be reduced ar threatened or that may impair, or threatert to impair. Indemrtitor's ability to perform any of as obligations under this Agreement when such pertormance is due. Access to Record:. Indemnitor shall deliver to Lender, at Lender's request, copies of any and all documems in Indemnitor's possession or to which it has access relating to Hazardous Substances or Environrnental Lews and the Property and ihe opetations conducted on the Property, including without limitation results of laboretory analyses, site assessments or studies, environmental audit reports and other consuFtartts' studies and reports. PAYMENT: FULL RECOURSE TO INDEMNITOR. Indemnitor intends that Lender shall have full recourse to lndemnitor for Indemnitor's oblipations tmder this Apreement as they become due to Lender. Such liabilities, losses, claims, damapes and expenses shall be rtimbtxsable to Lender aa Lender's obtigations to make payments with respect thereto are incurred, without any requirement of waiting for the uttimate outcome of any litigation, claim or other proceeding, and Indemnitor shall pay such liability, bsses, claims, damages and expenses to Lender as so incurred within thirty 130) days atie+ wriiten notice trom Lender. Lender's notice shall contain a briei itemization of the amounts incurred to the date of such notice. SURVIVAL. 7he covenants contained in this Agreement shall survive (A) the repaymert of the Indebtedness, (8) any foreclosure, whether judicial or npnjudicial, of the Property, and (C) any delivery of a deed in lieu of toreclosure to Lander nr any successor ot Lender. The covanants contained in this Agreemeni shafl be !or the benefit of Lender and any successor to Lender, as fiolder of any security interest in the Property or the indebtedness secured thereby, or as owner of the Property folbwing toreclosure or the delivery of a deed in lieu of forecbsure. MISGELLAldEOUS PROV►SIONS. The following misceltaneous provisions are a part o1 this Agreement: Amandmsnts. This Agraement, togethar with any Related Documents, conatitutes the entire understanding and agreemert of the parties as to the matters set forth in this Agreement. No aharation of or amendment to this Agreement shall be effective unless given in writing and signed by the party or parties sought to be charped or bound by the aheration or amendment. Attomeys' Fees; Expenses. t( Lender institutes any suit or action to eniorce any of the terms of this Agreement, lender shall be entitled to recover such sum as the court may edjudge reasonable as attomeys' tees at Vial and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by lew, atI reasonabie expenses Lender incurs that in tender's opinion are necessary at any time for the protection of its interest or the enforcement of its rights shall become a pan of the lndebtedness payable on damend and shall bear interest at the Note rate from the date of the expenditure until repaid. Ezpenses covered by this paragreph include, without limitation, however subject to any limita under applicable law, Lender's attorneys' fees and lender's legal expenses, whether or not there is a lawauit, including attorneys' fees end expensas for bankruptcy proceedings iincludin9 efforts to modify or vacate any automatic stay or injunctionl, eppeals, and any enticipated postyudgment cofiection services, the cost of seerching records, obtaining titk reports (including foreclosure reports), surveyors' reports, and appreisal fees and title insurance, to the eutent permitted by applicable law. Intiemnitor also will pay any coun costs, in addition to alt other sums provided by law. CapBon Hsadinps. Caption headings in this Agreement are for convenience purposes oniy and are not tp be used to interPret or define the provisions of this Agreement. Goveming Law. Thia AgreemeM will be govemsd by, oonstrusd and snforced in accordance wlth fedaral law and the Isws of the Siate of Washinpion. Thls Agrssment hes been acceptsd by Lender in the Ssate of Washlnptan. Choice of Vsnue. If there is a{awsuir, Indemnitor agrees upon Lender's request to submit to the lurisdictian of the . courts oi Pend Oreille County, State of Washington. Joint and Ssveral Liabllity. Atl ob{igations of Indemnitor under this Agreement shall be joint and several, and all reterences to Indemnitor shall mean each and every Indemnitor. This means that each Indemnitor signing below is Description: Spokane,WA Doc=ent-Year.DoclD 2004.5019379 Page: 2 of 6 Order: DY Comment: J • ~ 5019373 of 9 - Page 6 ' ~ ~ ■ ' 91/92/2094 94:68f RRk5 iR i_uN, i I tLEl iS CO r I'L $2-. 5pokane Co, L1A HAZARDOUS SUBSTANCES AGREEMENT Laan No: 517000024 (Continued) Page 3 responsible for all obligations in tfiis Agreement. No Waiver 6y Lender. Lender shall not be deemed to have waived any ripfits under tfiis Apreement unless such waiver is qiven in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender o( a provision of this Apreement shall not prejudice or constitute a waiver of Lender's right otfierwise to demand strict compliance w+th that provision or any other provision of this Agreement. No prior waiver by Lender, nor any course of dealing between Lender and Indemnitor, shall constRute a waiver of eny of Lender's riphu or of any of Indemnitor's oblipations as to any future t►ansactions. Whenevar the Consent ui Lender is required under this Agreement, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in sll cases such consent may be granted or withheld in the sole discreiion of Lender. Indemnitar hereby waives notice of acceptance of this Agreement by Lender. Nfot3cet. 5ubject to applicable faw, and except 1or notice required or allowed by law to be given +n enother manner, any notice required to be given under this Agreement shall be given in writinp, and shall be efiective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationaNy recognited overnight couriet, or, if mailed, when deposited in the United States mail, as tirst class, certified or registered mail postage prepaid, directed to the addresses shown near the bepinning of this Agreement. Any party may change iu address tor notites under this Agreement by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's eddress. For notice purposes, Indemnitor agrees to keep Lender informed at all times o( Indemnkor's current address. Subject to applicable law, and except for notice required or allowed by law to be given in another manner, if there is more than one Indemnitor, any notice given by Lender to any Indemnitot is deemed to be not+ce given to al! Indemnitors. Severahility. 11 a court ot competent jurisdiction tinds any provisfon of this Apreemerrt w be itlegal, invaJid, or unenforceable as to any ckcumstance, that finding shall not make the offending provision illepal, invalid, or unenforceable as to any other circumstnnce. Ii feasible, the offendinp provision shall be considered modified so that it becomes legat, velid and antorceable. lt the offending provision cannot 6e so modified, h shall be considered deleted from this Agreement. Unless otherwise required by law, the illegatiry, invalidity, or unenforceability of eny provision of this Agreement shall not affect the legality, validity or enforceabil'rty of any otfier provision of this Agreemeat. Suceesson and Assigns. Subject to any limitations stated in this Agrcement on transier of Indemnitor's interest, this Agreement shalt be bindinQ upon and inure to the benefit of the perties, their successors and assigns. If ownership of the Collateral becomes vested +n a person other than Indemnitor, Lender, without notice to lndemnitor, may deat with Indemnitar's successors with reference to this Agreement and the Indebtedness by way of forbearance or eztension without releasing Indemnitor from the obligations of this Agreement or liability under thelndebtedness. Tims b of tha Essencs. 7ime is of the essence in the performance of this Agreement. DEFINITIONS. 7he tollowing capitslized words and terms shad have the tollowinp meanings when used in this Agreement. Unless specificatly stated to the coMrary, alt reterences to dollar amounta shalt mean amounts in lawful money of the United States of America. Words and terms used in the sinpular shall include the plural, and the plural shall include the singular, as the corrtext may require. Words and terms not otherwise deiined in this Agreement she11 have the meanings atvibuted to such terms in the Uniform Commercial Code: Agreemeni. Tha word 'Agreement' means this Hazardous Substances Agreemerit, as this Hazardous Subswnces Agreement may be amended or modified from time to time, together w'rth all exhibits and schedules attached to this Hazardous Substances Apreement from time to time. Collateral. The word 'Cotlateral' means all of Indemnitor's right, title and interest in and to all the Collateral as described in the Gol4ateral Description section of this Agreemeni. Envkonmentaf Laws. The words 'Environmental Lawa' mean any and all state, federal and local statutes, ' ragulations and ordinances relating to the protection of human heatth or the environment, including without limitation the Comprehensive Envirnnmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq• ('CERCLA'), the Supertund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA'), the Hazardous Materials Transportation AcG 49 U.S.C. Seciion 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicaWe state or faderal laws, rules, or regulations adopted pursuent thereto. Hazardous Substances. The words "Hazardous Substances" mean materiata that, because of their quantity, concentration or physical, chamical or infectious charscteristics, may cause or pose a present or potential hezard to human health or the environment when improperty used, treated, stored, disposed of, generated, manutactured, Vansported or otherwise handled. The words "Hazardous Substances' are used in their very broadest sense and include without limitation sny and alt hazardous or toxic substances, materials or waste as defined by or listed under the Environmental Laws. The term `Hazardous Substences" also includes, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos. Inda6tedneu. The word 'Indebtedness' means all principel, interest, and other amounts, costs and expenses payeble under the Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations oi and substitutions for the Note or Refated Documents and any amounts expended of advanced by Lender to discherge Indemnitor's obliQations or expenses incurred by Lender to enforce Indemnitor's obliyations under this Apreement, together with interest on such amounts es provided in this Agreement. Lendsr. Tha word 'Lender' means Mountain West Bank, its successors and assiBns. Propscty. The word "Property" mearu all of Indemnitor's right, title and interest in and to all the Property as described in the 'Collateral Description' section o1 this Agreement. Real Property. The words 'Fieal Property" mean the real property, interests and rights, as turtfiar described in tltiis Agreement. Rslsted DocumerKs. 7he words 'Related Documents' mean atl promissory notes, credit agreemerns, loan agreements, environmental agreements, guaranties, security agreements, mortpages, deeds of trust, security deeds, collateral mortgages, and ell other inslrumeMS, agreements and documents, wfiether now or f,ereafter existing, ezecuted in connection with the Indebtedness. EACN PARTY TO 7H1S AGREEMENT ACKNOWLEDGES HAVING READ ALL THE PROVISIDNS OF THIS AGREEMENT. AND EACH AGREES TO RS TERMS. NO FORMAL ACCEPTANCE BY LENDER tS NECESSARY TO MAKE THIS AGREEMENT EFFECTIVE. THIS AGREEMENT IS DATED JANUARY 2, 2004. Description: Spokane,WA Doculnent-Year.DoclD 2004.5019379 Page: 3 of 6 Order: DY Comment: f ~ ~ 5019379 Page: 4 of 6 = . 01182/2804 94:0 R 160i)N, T I f.E is CO P I ,,C: k.4e Spokane Co, UH HAZARDOUS SUBSTANCES AGREEMENT Loan No: 517000024 (Continued) Page 4 BORROWER: ~ / X rrowe Bortower LEND : Y L VP CORPORATE ACKNOWLEDGMENT STATE OF v`J ~k ) 1 SS COUNTY OF Onthis day of 20 cq , before me, the undersigned Notary Pubiic, personally appeered and personally known to me or pro the basis of satisfactory evidence to be lan) authorized agent(s) of the corporation that executed tha us s Agreement and acknowledged the Agreement to be the free and voluntary act and deed of th of its Bylaws or by resoJution of its board of directors, for the uses and r oses therein )~1~C o stated that he or shefthey islare authoriied to execute this Agreeme a in fact ex gree en ~ be of the corporation. ; o N~Tq"~y ' j gy Resldiny at . Notary Publie en artd for tha te~~ 1c4'2 My comm~sion -xpkas 9,F 4~. . CORPORATE ACKNOWLEDGNiENT STATE OF ) ) SS COUNTY OF ~ On this d8y of , 20 , betore me, the undersigned Notary Public, persona!!y appeared and personally known to mc or proved to me on the basis of satisfactory evidence to be (an) authorized agentlsl of the corporaiion thet executed the Ha2ardous Substances Agreement and acknowladged the Agreement ta be the free and voluntary act and deed of the corporation, by authority ot iis Bylaws or by resolution of its board of directors, for the uses and purposes therein mentioned, and on oath ateted thnt he or she/they is/are authorized to execuce this Agreemerrt and in tact executed the Agreemeni on behelf of the corparntion. By Residing 8t Notary Public in end for the State of My commission explres Description: Spokane,WA Document-Year. DocID 2004. 5019379 Page: 4 of 6 Drder : DY Commen t : ~ . 5019379 . Page: 5 of 6 ' 81/82/2904 84:881 -RRNS 91 N, T ITLE F 5 C a I'>L $2t: .je Spokane Co, uR HAZARDOUS SUBSTANCES AGREEMENT Loan No: 517000024 (Continued) Page 5 LENDER ACKNOWLEDGMENT STATE OF wF\-t\ ) } SS COUNTY OF ? l , On this L" day of W. 2 0 1 , before me, the undersigned Notary Pualic, personally appeared and personally known to me or proved to me on the basis of satisfaciory evid e to be the authorized agent for the Lender that executed the within and foregoing instrument and acknowledged said instrument to be the free and voluntary act end deed Lhe said Lender, duly avEhpf" the Lender through iu board of directors or otherwise, r the uses and pur es therein mentioned, Q at he or she is authorized to execute ihis said inst ment and that aff~xed is the corporat O f ~ /V By F:s at NOTq,?Y1 10: Notary Publie ln snd for ths Stata ot e missfon ezpires `o PUBUC f ~ Wq 1N~' ••'[R rwo L-n. v.. s.a16.02 c.n. ~.~.r r....r s.w... r aA 0cwun+c:1arc nwIS rw.. Descriptian: Spokane,WA Document-Year.DocID 2004.5019379 Page: 5 of 6 Order: DY Comment: ` 5019379 _ Page- 6 0£ 6 • 81i62/2084 94 :001 TRRMSAT _ ON, T I7,E A CO 11 s ji.. Spakane Co, WR EXNIBIT "A" PARCEL A: THE WEST HALf OF TRACT 162, OPPORTUNITY, ACC4RDING TO PLAT RECORDED IN VOLUME "K" QF Fl.ATS, PAGE 20; E?CCEPT THE NORTH 237 FEET OF THE EAST HALF OF THE EAST HALF OF THE WEST HALF QF TRACT 162; ANO EXCEPT THAT PfJRTION DESCRIBED AS FOLLOWS : BEGINNING AT THE NflRTHWEST CORNER OF SAID TRACT; THENCE NORTH 90°00'00" EAST ALONG THE NORTH LINE OF SAID TRACT, A DiSTANCE OF 246.3D FEET TO THE EAST LINF OF THE WEST 24 FEET UF THE EAST HALF OF THE EAST HALF OF THE WEST HALF aF SAID TRACT; THENCE SOUTH 00010'27" WEST ALONG SAID EAST LINE A DISTANCE OF 428.00 FEET TO ALINE PARALLEL WITN AND DISTANT SOUTHERLY 428.00 FEET, MFJASURED AT RIGHT ANGLES, FROM SAID NQRTH LINE OF TRACT 162; THENCE NORTH 90°0000" WEST, ALl?NG SAID PARALLEL LINE A DISTANCE OF 246.62 FEET TO THE WEST l.INE OF SAID TRACT 162; THENCE NORTH 00013'00" EAST ALONG SAID WEST LINE A DISTANCE OF 428.00 FEET TO THE POINT 4F BEGINNING; SITUATE IN THE COUNTY OF SPOKANE, STATE QF WASHINGTON. PARCEL 8: THE SOUTH 415.05 FEEf OF THE WEST 225.0 FEET OF THE EAST HALF OF TRACT 162, OPPORTUNIlY, ACCORDING TO PLAT RECORDED IN VOLUME "K" 0F PLATS, PAGE 20; SITUATE IN THE COUNTY OF SPOKANE, STATE OF WASHINGTON. PARCEL C: THE EAST NALF EXCEPT THE WEST 125 FEET THEREOF; AND EXCEPT THE NORTH 200 FEET OF THE EAST 120 FEET OF THE WEST 245 FEET THEREOF, TRACT 162, OPPORTUNTTY, ACCORDING TO PLAT RECORDED IN VOLUME "K" OF PLATS, PAGE 20; , SITUATE IN THE COUNTY OF SPOKANE, STATE OF WASHINGTON. PARCEL D: THAT PORTION OF TRACT 161, OPPORTUNITY, ACCORDING TO PLAT RECORDED IN VOLUME "K" OF PLATS, PAGE 20, IN SPOKANE COUN7Y, WASHINGTON, DESCRIBED A5 FOLLOWS: . SEGINNING AT THE SOUTHWEST CORNER OF SAID TRACT 161; THENCE NORTH 0°05' EAST, ALONG THE WEST LINE 0F SAID TRACT 290.17 FEET; THENCE SOUTH 89°57' EAST, 105.00 FEET; THENCE SOUTH 0005' WEST, 290.23 FEET TO A POIMf' ON THE 5t3UTH LINE OF SAID TRACT; THENCE NORTH 89055" WEST, ALONG SAID SOUTH LINE, 105.00 FEET TO THE POINT OF BEGINNING. SITUATE IN THE COUNTY OF SPQKANE, STATE OF WASHINGTON. Description: Spokane,WA Document-Year.DocZD 2004.5029379 Page: 6 of 6 I Order: DY Comment: ~ ~V 50193 e0 , Page : 1 of 9 ' , 91t02/2064 84~08f AFTER RECORDING MAIL TO: TkflNS4flT Oh, TITLE hS CO 5 42 SpokanQ Co, WA Alan L. YZubens Stamper, Rubens, Stocker & Smith, P.S. 720 West Boone, Ste. 200 Spokane, WA 99201 Document Title: UCC Financing Statement Graator: J.D. Dragon's, Inc. Grantee: Mountain West Bank Abbreviated Legal Description as follows: Ptn. Tracts lbl & 162, Opportunity, Spokane Co., Waghington. X Complete legal description is on page) of document Assessor's Property Tax Parcel: 45222.0228 & 45222.0229 ALR/rh:d:1212912003 HAClients\East BowllRecordCvr.doc . . S~T / NOTE: The auditor/recorder will rely on the information on rhe form. The staff will not read the document to verify the accuracy or contpleteness of the indexing information provided herein. Description: Spokane,WA Document-Year.DoclD 2004.5019380 Page: I of 9 Order : DY Commen t : s . 5019380 Page ~ 2 of 9 81102tP004 04~A01 RRh 5F1RT _ ON, T I TLE : hS C 5 . ~ Spokane Co, uR UCC FINANCING STATEMENT =OLLOW INSTRUCTIOrlS ((ront and back) CAREFULLY ~ A. NAME d PF10NE OF CONTACT AT FILER [optiona(J B. SEND ACKNOWLEDGEMENT TO: (Name and Address) ~ Mountain West Bank ~ PO BOX 399 Sandpoint, ID 83864 L ~ ~ THE ABOVE SPACE IS FOR FILING OEFICE USE ONLY 1. DEBTOR'S EXACT FULL IEGAL NAME - insert ony ane debtnr narne (1a or 1 b) - do not abbreviate a cambine names 1a ORGANQATION'S NAME ` J. D.'S DRAGON, INC OR 1 b. INDIVIDUAL'S LAST NAME FIRST NAME MIDDLE NAME SUFFlX 1e MAILING ADDRESS GTY STATE POSTIIL CppE COUNTRY 4947 DEER VALLEY RD NEWPORT WA 99156 USA 1 d. TAX tD 1k SSN QR E1N ADD'L INFORE l1 s. TYPE OF ORGANIZATION ~ 1f. JURISDICTtON OF ORGANlZATION I 19. ORGANIZATIONAL ID 411, if any ~GANIZATION Cor Qration WA ~e~ ~ p 601$02311 Ll NONE 2. ADDI7ioNAL DEBTOR'S EXACT FULL LEGAL NAME • insert only ons debtnr name (2a or 2b) • do not abbreviats or combine mmes 2a. ORGANIZATIOMS NAME OR 2b. INDIVIDUAI'S LAST NAME FlRST NAME MIDOLE NAME SUFFllC 2c MAIUNG ADDRESS CRY STATE POSTAL CApE COUNTRY 2d. TAX Ip tk: SSN OR EIN ADD'L INFO RE +2e. TYPE OF ORGANIZATION 2f. JURISDICTION OF ORGANIZATION 2g. ORGANIZATIONAL !D if any ORGANRATION DESTOR NONE 3. SECURED PARTYS NAME (or NAME af TOTAL ASSIGNEE d ASSIGNOR S/P) • inaert ony one sewred party narne (32 or 3b) 3a. ORGANI2ATIpN'S NAME Mountain West Bank OR 3b. INDIVIDUAL'S LAST NAME FIRSf NAME MIDDLE NAME SUFFlX 3c MAIUNG ADDRESS ClTY S'fATE P05TAL COpE COVNTRY - 330 N Waahington, PO Box 1530 Newport WA 99156 USA 4. This FINM1dNG STATEMENT carors the follpwinpcolb4►ral: All Inventory, Fumishings, Fixtures, end Equipment (including but not Gmited to gambling equipment and suppaes to the extent permitted by law and not otherwise), including but not flmtted to the items in Schedule I attached hereto, Accounts, Chattel Paper, and General Intangibles; whether any of the foregoing is ownsd now or acquired later; togetfier wtth the foUowing, whether now owned or hercefter acquired: sll accessions, addnons, replacemerrts and substltutions relating to any of the foregoing; all rscords of any kind relating to any of the foregoing; and all proceeds relating to any of the foregoing (incfuding but not limited to insurance, general intangibles, instruments and other accaunt proceeds). Chattaf paper includes but is not limitad to thst Promissory Note dated November 26, 2003 executed by East Bowl, Ltd. in favor of J.D.'s Dragon, Inc. in tfie amount of $2,100,000.00 and the security interest granted to J.D.'s Dragon, Inc. by East Bowl, Ltd. to secure said Promissery Note as evidenced by a Security Agreement dated November 26, 2803. 5. ALTERNr` Y DESIGNATION it app ¢k~ LESSEEflESSOR c CONSIGNEFICONSlGNOR z BAIJLpR c SELI,~R/BUYER AGZgb MON-UCC FILING 6. This FI~A~ING STATEMENT ea ~ filed (for recordJ (or recorded) in the REAL 17. Check to REQUEST CH REPORT(S' on Qebppf(s) h Addendu ~~3~licablel fADDITIONqL FEE, t~ All t.1 pebtor 2 8, OPTIONAL FIL"cA REFERENCE OATA SEARCH REOUEST COPY - NATIONAL UCC FtNANCING STATEMENT (FORM UCC1) (REV. 07129/98) 40 Harland 0 S W~6th Avenue ortland, Oregon 97204 Description: Spokane,WA Document-Year.DoclD 2004.5019380 Page: 2 of 9 Order : DY Co=en t : . . 5019380 PagP : 3 of 9 AltO~/c004 94~99f TRANSNAT_ON, TITLE NS CD S 12. Spokane Co, uA UCC FINANClNG STATEMENT ADDENDUM FOLLOW 1NSTRUCTIONS (front and beck) CAREFULLY 9. NMAE OF FlRST DEBTOR (ia or 1b) ON RELATED FlNANCING STATEMENT 9a. ORGANiZATiO1JS NAME J. D,'S DRAGOM, !NC OR Bb. INDIVIDUAL'S LAST NAME FlRST NAME MIOOLE NAME,SUFFIX 10. MISCELlAtJE0U5: THE ABOVE SPACE t5 FOR FILING OFFICE USE ONLY 11.ADDITIONAL DEBTOR'S EXACT FULL LEGAL NAME • incert ony ax debtor name (t la or 1 lb) - do not abbreviate or comDine names 11a. ORGANIZATION'S NMAE OR 11 b. INDIVIDUAL'S LAST fJAME FIRST NAME MIDDLE NAME SUFFlX 11c. MAIUNG ADORESS CfTY SfAlE POSTAL CODE COUNTRY 11d. TAX ID tt SSN OR EIN ADD'L INFO RE 111 e. TYPE OF ORGANIZATION ~ 111. JURISOtCTION OF ORGANIUTION I 110• ORGAN(ZA7]ONAL ID tl, if any ORGAN lZAT1pN DEBTOR Ll NONE 7 0 ADDITIONAL SECURED PARTY'S or ASSIGNOR S!P'S NAME - insert only one narne (12a or 12t) 12s. ORGANIZAl1pN'S NAME OR 12b. INDMDUAL'S LAST NAME FlRST W1ME MIDDLE NAME SUFFUC 12c. MAILtNG ADDRESS CI7Y STATE POSTAL CODE COUNTRY 13. Thia FINANCING STATEMEM cwers D timberto be cut or ~ u-0xtrxted ~ 16. Additional oollatual description• collateral, a is filsd as aM fixture filinp. 14. Deser;ption of real estate: EXHIBfT "A" 15. Name and address of a RECORD OWNER o1 abow-deuxibed real esiaLe (d Dabtor does not have a rscord interest): J. D. 'S DRAGON, INC 4941 DEER VALLEY RD NEWPORT, WA 99156 17. Checko* ffappliqbkandchedcon onebox ' Osbtor is a n Trust or Q Truetee acting with rsspsct 1o property hNd in trvst or ~ DecedeM's Estate ti.r . 18. Check ~ it applipbls and eheck only one box 11 Detrtor is a TRANSMfIZ1NG U71LIT7 11 Filed in connection with a Manufacturcd-Home Transaction - eflecbve 30 years Q Fikd in connection with a PuMic-Finance Tronsaction - efFedive for 30 years Harland Flnancial Solutlons SEARCH REQUEST CbPY - NATIONAL UCC FINANCtNO STATEMENT ADDENDUM (FORM UCC1Ad) (REV. 0729/98)400 S.W. 6th Avmue, Portland, Orcgon 97204 Description: Spokane,WA Document-Year.DoclD 2004.5019380 Page: 3 of 9 Order: DY Comment: ^ , . 50193809 61 9Z/28Q4 94-991 - ' TRHhlSWT ON, T I TLE t~S CO is . Spokar* Co, WR . . EX N I8 TT „A" PARCEE. A: THE WEST HALF OF TRACT 162, C3PPORTUNITY, ACCORDING TO PtAT RECORDED IN VOLUNSE "K" OF PLATS, PAGE 20; EXCEPT THE NORTH 237 FEEf OF THE EAST HALF OF THE EAST HALF 0F THE WEST NALF OF TRACT 162; AND EXCEPT THAT PORTIUN DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID TRACT; THENCE NORTH 94000'00" E,AST ALONG THE NORTH LINE OF SAID TRACT, A DISTANCF OF 246.30 FEET T4 THE EAST LINE OF THE WEST 10 FEET OF THE EAST HALF OF THE EAST HALF OF THE WEST HALF OF SAID TRACT; THENCE SOUTH 00010'27" WEST ALONG SAID EAST LINE A DISTANCF OF 42$.00 FEET TO A LINE PARALLEL WITH AND DISTANT SOUTHERLY 428.00 FEET, MEASURED AT RIGHT ANGLES, FROM SAID NORTH LINE OF TRACT 162; THENCE NORTH 90°00'00" WEST, ALONG SAID PARALLEL LINE A QISTANCE OF 246.62 FEET TO THE WEST LINE OF SAID TRACT 162; THENCE NORTH 00013'00" EAST ALONG SAID WEST LINE A DISTANCE OF 42$.00 FEEI` Tp THE POIN7 OF BEGINNING; SITUATE IN THE COUNTY OF SPOKANE, STATE OF WASHINGTON. PARCEL B: THE SOUTH 415.05 FEET aF THE WEST 125.0 FEET OF THE EAST FiAI.F OF TRACT 162, OPPORTUNIi'Y, ACCORQING TO PIAT RECORDED iN VOLUME "K" OF PLATS, PAGE 20; SITUATE IN THE COUNTY OF SPOKANE, STATE OF WASHINGTON. QaRCEL c: THE E,aST HALF EXCEPT THE WEST 125 FEET THEREOF; AND EXCEPT THE NORTH 200 FEET OF THE EAST 120 FEEf OF THE WEST 245 FEET THEREOF, TRACT 162, QPPORTUNI7Y, ACCORDING TO PLAT . RECORDED IN VOI.UME "K" OF PlATS, PAGE 20; . SITUATE IN THE COUNTY OF SPflKANE, STATE OF WASHINGTON. PARCEL D: THaT PORTION OF TRACT 261, OPPORTUNITY, ACCORDING TO FLAT RECQRDED IN VOLUME "K" QF PL,4TS, PAGE 20, IN 5POKANE COUNTY, WASHINGTON, DESCRIBED P,S FOllOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID TRACT 161; THENCE NORTH 0°05' EAST, ALONG THE WEST LINE OF SAID TRACT 290.17 FEET; THENCE SOUTti 89057` EAS?, 105.40 F,-ET; THENCF SOUTH 0005' WEST, 290.23 FEET TO A POINT ON THE SOUTH LINE OF SAID TRACI"; THENCE NORTH 89°55" WEST, ALONG 5AID SOUTH LINE, 105.00 FEEf TC THE POINT OF BEGINNING. SITUATE IN THE COl1NTY OF SPOKANE, STaTE OF WA5HINGTQN. Description: Spokane,WA Document-Year.DoclD 2004.5019380 Page: 4 of 9 I Order: DY Comment: "b b a Exh{bi! A - ~ ~ o Parsonai property inventory " ~ . plN1NGfC7( W COACHtSI aAN,q. EMP. WE87 EQt11P. ` EQUIPM1hENT DEBCRIPI'ION CO[?E BOWL BILLlARDB ft40MB OFFICE CABINO LOUNOE C9NT, TQTALfi ~ WOOD CHAIft3 C 0 8AR Si'OOLS - WQOD ~ 1 91 88 1 125 I . I. I I 1244 HItlH CHAIRS , . I~ 1 72 128 1. T • 1 ( 39 I 241 l~ 12 f I I' I' I 12~ ~ Bti05TER CHAIRS iC J ( 13 ~ ~ ~ I 13 ~ GASSEA BANQUET CHAIRS IC 1 1 123 1 1 123 ~ COACWES' CORNER COUCHE8 IC 1 1 4 ' J 1 1 . ~ ~ 4 ~ GA88ER - COACHE5' CpRNER iC 1 J 32 j 1 82 n 12 FT. 6AK BENCHE-B IC ~z 1 i ( I I 2 b pfNING 600THS 1C ~ g 1 J j 8 n . (3ASSER CASINO 5TOOLS )C 78 78 b CASSERCASINOCHP,IaS 1'~ I I I 14 OFFIGE CMA{ft (D lER #1 Z) ~C 1 o K T AL eaa sTOOs Ic >>o 1 to EEN GASSER CHAIRS IC 24 1 ~ 74 BLAGKJACKTABLES ICR 1 13 J ` 13 ° LET IT RIdE.TABIF- JCR ~ w PIT PpDlUM I ' CR I I I~ 1 I~ o ATM ICR ~ I I ~ I I i SpINMMEEL CR I I I I ~ J I I I a POKER TABLES TQP3(NO BASE) CR I I I I I z I 2 ~ paplUM IcR I I I I I I t I 1 . LAROE SPFAKER5 JE ~ x ~ 4 8 Ln MICROS POS 3 B ' 3 15 ~ MIcaos, wu ~ a 1 I I I I I• I a T.V. 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