SUBDIVISION GUARANTEE Form 5003353 (7-1-14) Page 1 of 15 Guarantee Number: 2498994 CLTA #14 Subdivision Guarantee (4-10-75)
Washington
First American Title Insurance Company
40 E Spokane Falls Blvd
Spokane, WA 99202
August 07, 2015
Jon Gordon
Whipple Consulting Engineers, LLC
2528 N. Sullivan Rd.
Spokane Valley, WA 99216
Phone: (509)893-2617
Fax: (509)926-0227
Title Officer: Scott Fonte
Phone: (509)835-8943
Fax No.: (866)510-4167
E-Mail: sfonte@firstam.com
Order Number: 2498994
Escrow Number: 2498994
Buyer:
Owner:
Property: 4403 S Dishman Mica Rd
Spokane, Washington 99206
Attached please find the following item(s):
Guarantee
Thank You for your confidence and support. We at First American Title Insurance Company maintain the
fundamental principle:
Customer First!
=
Form 5003353 (7-1-14) Page 2 of 15 Guarantee Number: 2498994 CLTA #14 Subdivision Guarantee (4-10-75)
Washington
=
Guarantee
Subdivision Guarantee Second Report
ISSUED BY
First American Title Insurance Company
GUARANTEE NUMBER
5003353-2498994
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND THE CONDITIONS AND STIPULATIONS OF THIS
GUARANTEE,
FIRST AMERICAN TITLE INSURANCE COMPANY
a Nebraska corporation, herein called the Company
GUARANTEES
Whipple Consulting Engineers, LLC
the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability stated in Schedule A, which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A.
This jacket was created electronically and constitutes an original document
Form 5003353 (7-1-14) Page 3 of 15 Guarantee Number: 2498994 CLTA #14 Subdivision Guarantee (4-10-75)
Washington
SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE
1. Except to the extent that specific assurances are provided in
Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following:
(a) Defects, liens, encumbrances, adverse claims or other
matters against the title, whether or not shown by the
public records. (b) (1) Taxes or assessments of any taxing authority that
levies taxes or assessments on real property; or, (2)
Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether
or not the matters excluded under (1) or (2) are shown
by the records of the taxing authority or by the public
records. (c) (1) Unpatented mining claims; (2) reservations or
exceptions in patents or in Acts authorizing the issuance
thereof; (3) water rights, claims or title to water,
whether or not the matters excluded under (1), (2) or (3) are shown by the public records.
2. Notwithstanding any specific assurances which are provided
in Schedule A of this Guarantee, the Company assumes no
liability for loss or damage by reason of the following:
(a) Defects, liens, encumbrances, adverse claims or other matters
affecting the title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A),
(C) or in Part 2 of this Guarantee, or title to streets, roads,
avenues, lanes, ways or waterways to which such land abuts,
or the right to maintain therein vaults, tunnels, ramps or any structure or improvements; or any rights or easements therein,
unless such property, rights or easements are expressly and
specifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters,
whether or not shown by the public records; (1) which are
created, suffered, assumed or agreed to by one or more of the
Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential invalidity of
any judicial or non-judicial proceeding which is within the
scope and purpose of the assurances provided.
(c) The identity of any party shown or referred to in Schedule A. (d) The validity, legal effect or priority of any matter shown or
referred to in this Guarantee.
GUARANTEE CONDITIONS AND STIPULATIONS
1. Definition of Terms.
The following terms when used in the Guarantee mean:
(a) the "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing
executed by the Company.
(b) "land": the land described or referred to in Schedule (A)(C) or in Part 2, and improvements affixed thereto
which by law constitute real property. The term "land"
does not include any property beyond the lines of the
area described or referred to in Schedule (A)(C) or in Part 2, nor any right, title, interest, estate or easement in
abutting streets, roads, avenues, alleys, lanes, ways or
waterways.
(c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument.
(d) "public records": records established under state
statutes at Date of Guarantee for the purpose of
imparting constructive notice of matters relating to real property to purchasers for value and without knowledge.
(e) "date": the effective date.
2. Notice of Claim to be Given by Assured Claimant.
An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any
claim of title or interest which is adverse to the title to the
estate or interest, as stated herein, and which might cause
loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given
to the Company, then all liability of the Company shall
terminate with regard to the matter or matters for which
prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of
any Assured unless the Company shall be prejudiced by the
failure and then only to the extent of the prejudice.
3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any
action or proceeding to which the Assured is a party,
notwithstanding the nature of any allegation in such action or proceeding.
4. Company's Option to Defend or Prosecute Actions; Duty of
Assured Claimant to Cooperate.
Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above:
(a) The Company shall have the right, at its sole option and cost,
to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which in its
opinion may be necessary or desirable to establish the title to
the estate or interest as stated herein, or to establish the lien
rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action
under the terms of this Guarantee, whether or not it shall be
liable hereunder, and shall not thereby concede liability or
waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently.
(b) If the Company elects to exercise its options as stated in
Paragraph 4(a) the Company shall have the right to select
counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall
not be liable for and will not pay the fees of any other counsel,
nor will the Company pay any fees, costs or expenses incurred
by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee.
(c) Whenever the Company shall have brought an action or
interposed a defense as permitted by the provisions of this
Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and
expressly reserves the right, in its sole discretion, to appeal
from an adverse judgment or order.
(d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or
proceeding, an Assured shall secure to the Company the right
to so prosecute or provide for the defense of any action or
proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this
purpose. Whenever requested by the Company, an Assured,
at the Company's expense, shall give the Company all
Form 5003353 (7-1-14) Page 4 of 15 Guarantee Number: 2498994 CLTA #14 Subdivision Guarantee (4-10-75)
Washington
GUARANTEE CONDITIONS AND STIPULATIONS (Continued)
reasonable aid in any action or proceeding, securing
evidence, obtaining witnesses, prosecuting or defending
the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the
title to the estate or interest as stated herein, or to
establish the lien rights of the Assured. If the Company
is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the
Assured under the Guarantee shall terminate.
5. Proof of Loss or Damage.
In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to
the Company, a proof of loss or damage signed and sworn to
by the Assured shall be furnished to the Company within
ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or
damage shall describe the matters covered by this Guarantee
which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of
the loss or damage. If the Company is prejudiced by the
failure of the Assured to provide the required proof of loss or
damage, the Company's obligation to such assured under the Guarantee shall terminate. In addition, the Assured may
reasonably be required to submit to examination under oath
by any authorized representative of the Company and shall
produce for examination, inspection and copying, at such reasonable times and places as may be designated by any
authorized representative of the Company, all records, books,
ledgers, checks, correspondence and memoranda, whether
bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if
requested by any authorized representative of the Company,
the Assured shall grant its permission, in writing, for any
authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence
and memoranda in the custody or control of a third party,
which reasonably pertain to the loss or damage. All
information designated as confidential by the Assured provided to the Company pursuant to this Section shall not be
disclosed to others unless, in the reasonable judgment of the
Company, it is necessary in the administration of the claim.
Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant
permission to secure reasonably necessary information from
third parties as required in the above paragraph, unless
prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the
Assured for that claim.
6. Options to Pay or Otherwise Settle Claims: Termination of Liability.
In case of a claim under this Guarantee, the Company shall
have the following additional options:
(a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness.
The Company shall have the option to pay or settle or
compromise for or in the name of the Assured any claim
which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of
this Guarantee or, if this Guarantee is issued for the
benefit of a holder of a mortgage or a lienholder, the
Company shall have the option to purchase the
indebtedness secured by said mortgage or said lien for the
amount owing thereon, together with any costs, reasonable
attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of
purchase.
Such purchase, payment or tender of payment of the full
amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has
been given to the Company by the Assured the Company
offers to purchase said indebtedness, the owner of such
indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon
payment of the purchase price.
Upon the exercise by the Company of the option provided for
in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other
than to make the payment required in that paragraph, shall
terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has
exercised its options under Paragraph 4, and the Guarantee
shall be surrendered to the Company for cancellation.
(b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant.
To pay or otherwise settle with other parties for or in the name
of an Assured claimant any claim assured against under this
Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were
authorized by the Company up to the time of payment and
which the Company is obligated to pay.
Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured
under this Guarantee for the claimed loss or damage, other
than to make the payment required in that paragraph, shall
terminate, including any obligation to continue the defense or prosection of any litigation for which the Company has
exercised its options under Paragraph 4.
7. Determination and Extent of Liability.
This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who
has suffered loss or damage by reason of reliance upon the
assurances set forth in this Guarantee and only to the extent herein
described, and subject to the Exclusions From Coverage of This Guarantee.
The liability of the Company under this Guarantee to the Assured
shall not exceed the least of:
(a) the amount of liability stated in Schedule A or in Part 2; (b) the amount of the unpaid principal indebtedness secured by
the mortgage of an Assured mortgagee, as limited or provided
under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations,
at the time the loss or damage assured against by this
Guarantee occurs, together with interest thereon; or
(c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or
interest subject to any defect, lien or encumbrance assured
against by this Guarantee.
8. Limitation of Liability. (a) If the Company establishes the title, or removes the alleged
defect, lien or encumbrance, or cures any other matter assured
against by this Guarantee in a reasonably diligent manner by
Form 5003353 (7-1-14) Page 5 of 15 Guarantee Number: 2498994 CLTA #14 Subdivision Guarantee (4-10-75)
Washington
GUARANTEE CONDITIONS AND STIPULATIONS (Continued)
any method, including litigation and the completion of
any appeals therefrom, it shall have fully performed its
obligations with respect to that matter and shall not be liable for any loss or damage caused thereby.
(b) In the event of any litigation by the Company or with the
Company's consent, the Company shall have no liability
for loss or damage until there has been a final determination by a court of competent jurisdiction, and
disposition of all appeals therefrom, adverse to the title,
as stated herein.
(c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the
Assured in settling any claim or suit without the prior
written consent of the Company.
9. Reduction of Liability or Termination of Liability. All payments under this Guarantee, except payments made
for costs, attorneys' fees and expenses pursuant to Paragraph
4 shall reduce the amount of liability pro tanto. 10. Payment of Loss.
(a) No payment shall be made without producing this
Guarantee for endorsement of the payment unless the
Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the
satisfaction of the Company.
(b) When liability and the extent of loss or damage has been
definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within
thirty (30) days thereafter.
11. Subrogation Upon Payment or Settlement.
Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the
Company unaffected by any act of the Assured claimant.
The Company shall be subrogated to and be entitled to all
rights and remedies which the Assured would have had against any person or property in respect to the claim had
this Guarantee not been issued. If requested by the
Company, the Assured shall transfer to the Company all rights
and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall
permit the Company to sue, compromise or settle in the name
of the Assured and to use the name of the Assured in any
transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the
loss of the Assured the Company shall be subrogated to all
rights and remedies of the Assured after the Assured shall
have recovered its principal, interest, and costs of collection.
12. Arbitration.
Unless prohibited by applicable law, either the Company or the
Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association. Arbitrable
matters may include, but are not limited to, any controversy or
claim between the Company and the Assured arising out of or
relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision
or other obligation. All arbitrable matters when the Amount of
Liability is $2,000,000 or less shall be arbitrated at the option of
either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $2,000,000 shall be arbitrated only
when agreed to by both the Company and the Assured. The Rules
in effect at Date of Guarantee shall be binding upon the parties.
The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees
to a prevailing party. Judgment upon the award rendered by the
Arbitrator(s) may be entered in any court having jurisdiction thereof.
The law of the situs of the land shall apply to an arbitration under
the Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
13. Liability Limited to This Guarantee; Guarantee Entire
Contract.
(a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and
contract between the Assured and the Company. In
interpreting any provision of this Guarantee, this Guarantee
shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on
negligence, or any action asserting such claim, shall be
restricted to this Guarantee.
(c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto
signed by either the President, a Vice President, the Secretary,
an Assistant Secretary, or validating officer or authorized
signatory of the Company. 14. Notices, Where Sent.
All notices required to be given the Company and any statement in
writing required to be furnished the Company shall include the
number of this Guarantee and shall be addressed to the Company at First American Title Insurance Company, Attn: Claims
National Intake Center, 1 First American Way, Santa Ana,
California 92707 Claims.NIC@firstam.com Phone: 888-632-
1642 Fax: 877-804-7606
=
Form 5003353 (7-1-14) Page 6 of 15 Guarantee Number: 2498994 CLTA #14 Subdivision Guarantee (4-10-75)
Washington
=
Schedule A
Subdivision Guarantee Second Report
ISSUED BY
First American Title Insurance Company
GUARANTEE NUMBER
2498994
Order No.: 2498994 Liability: $2,000.00 Fee: $250.00
Tax: $21.75
Additional Parcel Charge: Fee: $550.00
Tax: $47.85
Name of Assured: Whipple Consulting Engineers, LLC
Date of Guarantee: July 24, 2015
The assurances referred to on the face page hereof are:
1. Title is vested in:
Black Realty, Inc., as to Parcels A, B, C and D and Northwest Renovators Inc., a Washington
corporation, as to Parcel E
2. That, according to the public records relative to the land described in Schedule C attached hereto
(including those records maintained and indexed by name), there are no other documents
affecting title to said land or any portion thereof, other than those shown under Record Matters
in Schedule B.
3. The following matters are excluded from the coverage of this Guarantee
A. Unpatented Mining Claims, reservations or exceptions in patents or in acts authorizing
the issuance thereof.
B. Water rights, claims or title to water.
C. Tax Deeds to the State of Washington.
D. Documents pertaining to mineral estates.
4. No guarantee is given nor liability assumed with respect to the validity, legal effect or priority of
any matter shown herein.
5. This Guarantee is restricted to the use of the Assured for the purpose of providing title evidence
as may be required when subdividing land pursuant to the provisions of Chapter 58.17, R.C.W.,
and the local regulations and ordinances adopted pursuant to said statute. It is not to be used
as a basis for closing any transaction affecting title to said property.
6. Any sketch attached hereto is done so as a courtesy only and is not part of any title commitment,
guarantee or policy. It is furnished solely for the purpose of assisting in locating the premises
and First American expressly disclaims any liability which may result from reliance made upon it.
=
Form 5003353 (7-1-14) Page 7 of 15 Guarantee Number: 2498994 CLTA #14 Subdivision Guarantee (4-10-75)
Washington
=
Schedule B
Second Report Subdivision Guarantee
ISSUED BY
First American Title Insurance Company
GUARANTEE NUMBER
2498994
RECORD MATTERS
1. General Taxes for the year 2015. The first half becomes delinquent after April 30th. The second
half becomes delinquent after October 31st.
Tax Account No.: 45336.9191
1st Half
Amount Billed: $ 13,174.76
Amount Paid: $ 13,174.76
Amount Due: $ 0.00
Assessed Land Value: $ 926,460.00
Assessed Improvement Value: $ 888,900.00
2nd Half
Amount Billed: $ 13,174.76
Amount Paid: $ 0.00
Amount Due: $ 13,174.76
Assessed Land Value: $ 926,460.00
Assessed Improvement Value: $ 888,900.00
Affects: Parcels A and B
2. General Taxes for the year 2015. The first half becomes delinquent after April 30th. The second
half becomes delinquent after October 31st.
Tax Account No.: 44041.9144
1st Half
Amount Billed: $ 660.70
Amount Paid: $ 660.70
Amount Due: $ 0.00
Assessed Land Value: $ 71,810.00
Assessed Improvement Value: $ 0.00
2nd Half
Amount Billed: $ 660.70
Amount Paid: $ 0.00
Amount Due: $ 660.70
Assessed Land Value: $ 71,810.00
Assessed Improvement Value: $ 0.00
Affects: Parcel C
3. General Taxes for the year 2015. The first half becomes delinquent after April 30th. The second
half becomes delinquent after October 31st.
Tax Account No.: 45334.0108
1st Half
Amount Billed: $ 179.47
Amount Paid: $ 179.47
Amount Due: $ 0.00
Form 5003353 (7-1-14) Page 8 of 15 Guarantee Number: 2498994 CLTA #14 Subdivision Guarantee (4-10-75)
Washington
Assessed Land Value: $ 24,500.00
Assessed Improvement Value: $ 0.00
2nd Half
Amount Billed: $ 179.47
Amount Paid: $ 0.00
Amount Due: $ 179.47
Assessed Land Value: $ 24,500.00
Assessed Improvement Value: $ 0.00
Affects: Portion of Parcel D
4. General Taxes for the year 2015. The first half becomes delinquent after April 30th. The second
half becomes delinquent after October 31st.
Tax Account No.: 45334.0109
1st Half
Amount Billed: $ 179.47
Amount Paid: $ 179.47
Amount Due: $ 0.00
Assessed Land Value: $ 24,500.00
Assessed Improvement Value: $ 0.00
2nd Half
Amount Billed: $ 179.47
Amount Paid: $ 0.00
Amount Due: $ 179.47
Assessed Land Value: $ 24,500.00
Assessed Improvement Value: $ 0.00
Affects: Portion of Parcel D
5. General Taxes for the year 2015. The first half becomes delinquent after April 30th. The second
half becomes delinquent after October 31st.
Tax Account No.: 45334.0110
1st Half
Amount Billed: $ 179.47
Amount Paid: $ 179.47
Amount Due: $ 0.00
Assessed Land Value: $ 24,500.00
Assessed Improvement Value: $ 0.00
2nd Half
Amount Billed: $ 179.47
Amount Paid: $ 0.00
Amount Due: $ 179.47
Assessed Land Value: $ 24,500.00
Assessed Improvement Value: $ 0.00
Affects: Portion of Parcel D
6. General taxes for the year 2015, which have been paid.
Tax Account No.: 45334.9135
Amount: $ 798.73
Assessed Land Value: $ 55,100.00
Assessed Improvement Value: $ 0.00
Affects: Portion of Parcel E
Form 5003353 (7-1-14) Page 9 of 15 Guarantee Number: 2498994 CLTA #14 Subdivision Guarantee (4-10-75)
Washington
7. General taxes for the year 2015, which have been paid.
Tax Account No.: 45334.0106
Amount: $ 409.23
Assessed Land Value: $ 28,000.00
Assessed Improvement Value: $ 0.00
Affects: Portion of Parcel E
8. General taxes for the year 2015, which have been paid.
Tax Account No.: 45334.0113
Amount: $ 581.66
Assessed Land Value: $ 40,000.00
Assessed Improvement Value: $ 0.00
Affects: Portion of Parcel E
9. General taxes for the year 2015, which have been paid.
Tax Account No.: 45334.0114
Amount: $ 409.20
Assessed Land Value: $ 28,000.00
Assessed Improvement Value: $ 0.00
Affects: Portion of Parcel E
10. Any tax, fee, assessments or charges as may be levied by Spokane Valley.
11. Easement, including terms and provisions contained therein:
Recorded: July 14, 1921
Recording Information: 637407
In Favor of: Spokane County
For: Slopes and fills
12. Easement, including terms and provisions contained therein:
Recorded: September 23, 1938
Recording Information: 356971A
In Favor of: Inland Empire Electrification, Inc., a corporation
For: Electric transmission and/or distribution line, together with
necessary appurtenances
13. Easement, including terms and provisions contained therein:
Recorded: August 18, 1964
Recording Information: 46971C
In Favor of: Pacific Northwest Bell Telephone Company, a Washington
corporation
For: To construct, reconstruct, operate, inspect, maintain or remove
lines of telephone and telegraph
14. Easement, including terms and provisions contained therein:
Recorded: September 13, 1967
Recording Information: 318554C
For: Roadway purposes
Form 5003353 (7-1-14) Page 10 of 15 Guarantee Number: 2498994 CLTA #14 Subdivision Guarantee (4-10-75)
Washington
15. Easement, including terms and provisions contained therein:
Recorded: July 10, 1968
Recording Information: 373425C
In Favor of: The Washington Water Power Company, a corporation
For: The purpose of installing, maintaining, repairing and removing a
water distribution pipe line
NOTE: Said Easement was assigned to Spokane County Water District No. 3 by Assignment
recorded December 19, 1989 under auditors File No. 8912190144, records of Spokane County.
16. Easement, including terms and provisions contained therein:
Recorded: July 10, 1958
Recording Information: 373431C
In Favor of: The Washington Water Power Company, a corporation
For: Pipe Line
17. Easement, including terms and provisions contained therein:
Recorded: July 30, 1969
Recording Information: 381368C
In Favor of: The Washington Water Power Company, a corporation
For: Electric transmission and/or distribution line, together with
necessary appurtenances
18. Easement, including terms and provisions contained therein:
Recorded: April 02, 1971
Recording Information: 541616C
In Favor of: Max D. Kitterman and Shirley Kitterman, husband and wife
For: A permanent easement for a roadway for ingress and egress
sixty-five (65) feet in width
Modification and/or amendment by instrument:
Recording Information: 8512090090
19. Easement, including terms and provisions contained therein:
Recorded: October 19, 1971
Recording Information: 581841C
In Favor of: Spokane County
For: A right of way for a public road
20. Provisions contained in Statutory Warranty & Right-of-Way Deed recorded October 19, 1971,
under Auditor's File No. 581841C as follows:
The occupants and/or claimants, some of which have been given easement for ingress and
egress over the same or substantially the same route, having herein been devised to the County
for road purposes; agree that if said land in said prior easements granted to them should not be
included in the foregoing described right of way deed; by this instrument, they do quit claim and
relinquish back to the owner, Harry Dormaier, his heirs and assigns, all land covered by said
easement or easements that has not been included within the land covered by this right of way
deed, which quit claims and relinquishes back to the owner, shall become effective upon the
County's acceptance of the herein before conveyed right of way for road purposes.
Form 5003353 (7-1-14) Page 11 of 15 Guarantee Number: 2498994 CLTA #14 Subdivision Guarantee (4-10-75)
Washington
21. Easement, including terms and provisions contained therein:
Recorded: August 24, 1973
Recording Information: 7308240302
In Favor of: James N. Simanton and Marjorie H. Simanton, husband and
wife
For: A right of way for the purpose of egress and ingress
22. Provisions contained in Right-of-Way Easement recorded August 24, 1973, under Auditor's File
No. 7308240302, as follows:
That such easement shall exist in favor of the grantees until such time as County Roads are
established; it being understood that the grantees executed a Statutory Warranty and Right-of-
Way Deed on the 1st day of October, 1971, in which they agreed that if said land in prior
easements granted to them should not be included in County Roads when established, they
would quit-claim and relinquish back to the owner, Harry E. Dormaier, his heirs and assigns; and
such areas in the easement and as not used by the County Road; and these grantees likewise
agree to convey to the grantor any easement covered by this easement not used by County
Roads, back to the grantor.
23. Easement, including terms and provisions contained therein:
Recorded: August 12, 1971
Recording Information: 568735C
In Favor of: The Washington Water Power Company, a corporation
For: Electric transmission and/or distribution line, together with
necessary appurtenances
24. Easement, including terms and provisions contained therein:
Recorded: March 14, 1974
Recording Information: 7403140106
In Favor of: Pacific Northwest Bell Telephone Company
For: Underground communication lines
25. Easement, including terms and provisions contained therein:
Recorded: December 09, 1975
Recording Information: 7512090173
In Favor of: Spokane County, municipal corporation
For: The right of ingress and egress to, over, and from said
easement for the installation, operation, maintenance and repair
of Bridge Wing Walls
26. Easement, including terms and provisions contained therein:
Recorded: August 23, 1976
Recording Information: 7608230059
In Favor of: Pacific Northwest Bell Telephone Company, a Washington
corporation
For: The right to place, construct, operate, maintain, inspect,
reconstruct, repair, replace and keep clear underground cable,
conduit and manholes
Form 5003353 (7-1-14) Page 12 of 15 Guarantee Number: 2498994 CLTA #14 Subdivision Guarantee (4-10-75)
Washington
27. Easement, including terms and provisions contained therein:
Recorded: October 22, 1976
Recording Information: 7610220256
In Favor of: Inland Power & Light Co., a Washington Corporation
For: Electric transmission and/or distribution line, together with
necessary appurtenances
28. Easement, including terms and provisions contained therein:
Recorded: August 24, 1981
Recording Information: 8108240070
In Favor of: Inland Power & Light Co., a Washington Corporation
For: Electric transmission and/or distribution line, together with
necessary appurtenances
29. Spokane County Health District U.L.I.D. Waiver Agreement.
Recorded: April 14, 1986
Recording No.: 8604140283
30. Conditions, notes, easements, provisions and/or encroachments contained and/or delineated on
the face of the Survey No. 8701090305, recorded in volume 38 of surveys, at page(s) 32, in
Spokane County, Washington.
31. Easement, including terms and provisions contained therein:
Recorded: September 16, 1988
Recording Information: 8809160220
In Favor of: Inland Power & Light Co., a Washington corporation
For: Electric transmission and distribution facilities
32. Stormwater Management Program.
Recorded: September 16, 1988
Recording No.: 8809160326
33. Water and Sewer Easement.
Recorded: May 15, 1990
Recording No.: 9005150187
34. Easement, including terms and provisions contained therein:
Recording Information: 4420505
In Favor of: Avista Corporation
For: An electric distribution system
35. Easement, including terms and provisions contained therein:
Recording Information: 4436419
In Favor of: Avista Corporation
For: Natural gas pipeline
36. Easement, including terms and provisions contained therein:
Recording Information: 4436421
In Favor of: Avista Corporation, a Washington corporation
For: Natural Gas Regulator Station Easement
37. Drainage Easement.
Form 5003353 (7-1-14) Page 13 of 15 Guarantee Number: 2498994 CLTA #14 Subdivision Guarantee (4-10-75)
Washington
Recorded: February 13, 2001
Recording No.: 4556978
38. Deed of Trust and Assignment of Rents:
Grantor: Catholic Bishop of Spokane a/k/a The Catholic Diocese of
Spokane
Trustee: Spokane County Title Company
Beneficiary: Gloria Z. Nagler, Plan Trustee under that certain Plan Trust
Agreement dated May 8, 2007
Amount: Payment of all sums owed and performance of all obligations of
Debtor arising under the Payment Agreement (the "Payment
Agreement"), of even date herewith, executed by the Catholic
Bishop of Spokane a/k/a The Catholic Diocese of Spokane, the
FTC Parish Group 1, the FTC Parish Group 2, and Gloria Z.
Nagler, Plan Trustee under the Plan Trust Agreement, dated
May 8, 2007, and any and all modifications, replacements,
extensions and renewals thereof
Dated: May 21, 2007
Recorded: May 30, 2007
Recording No.: 5542678
Affects: Parcel E and other property
According to the public records, the beneficial interest under the deed of trust was assigned to
Maggie Y. Lyons, successor Plan Trustee under that certain Plan Trust Agreement dated May 8,
2007 by assignment recorded November 01, 2012 as 6144267 of Official Records.
39. Deed of Trust and the terms and conditions thereof.
Grantor/Trustor: Northwest Renovators, Inc.
Grantee/Beneficiary: Samuel M. Lee
Trustee: Spokane County Title
Amount: Not disclosed
Recorded: January 31, 2008
Recording Information: 5636791
Affects: Parcel E and other property
According to the public records, the beneficial interest under the deed of trust was assigned to
Colleen G. Lee by assignment recorded April 25, 2008 as 5667812 of Official Records.
40. Deed of Trust and Assignment of Rents:
Grantor: Black Realty, Inc.
Trustee: U.S. Bank Trust Company, National Association
Beneficiary: U.S. Bank National Association
Amount: $770,000.00
Dated: June 17, 2014
Recorded: June 30, 2014
Recording No.: 6315627, 6315628, 6315629, 6315630 and 6315631
Affects: Parcels A, B, C and D
41. Unrecorded leaseholds, if any, rights of vendors and security agreement on personal property
and rights of tenants, and secured parties to remove trade fixtures at the expiration of the term.
Informational Notes, if any
Form 5003353 (7-1-14) Page 14 of 15 Guarantee Number: 2498994 CLTA #14 Subdivision Guarantee (4-10-75)
Washington
Schedule C
Subdivision Guarantee Second Report
ISSUED BY First American Title Insurance Company
GUARANTEE NUMBER
2498994
The land in the County of Spokane, State of Washington, described as follows:
PARCEL "A":
THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 25 NORTH, RANGE 44 EAST
OF THE WILLAMETTE MERIDIAN, LYING NORTHEASTERLY OF DISHMAN MICA ROAD;
EXCEPT THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER;
AND EXCEPT THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHEAST
QUARTER;
AND EXCEPT THE WEST 141.25 FEET OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER
OF THE SOUTHEAST QUARTER;
AND EXCEPT THE WEST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE
SOUTHEAST QUARTER;
AND EXCEPT ANY PORTION LYING WITHIN THE BOUNDS OF THE COUNTY RIGHT OF WAY AS
CONVEYED BY DEEDS RECORDED UNDER AUDITOR'S FILE NO. 581841C AND 8809160323, RECORDS
OF SPOKANE COUNTY;
AND EXCEPT A PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 25 NORTH, RANGE 44 EAST OF THE WILLAMETTE
MERIDIAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER;
THENCE SOUTH 89°15'59" WEST, ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER OF THE
NORTHEAST QUARTER OF THE SOUTHEAST QUARTER, 664.71 FEET TO THE NORTHWEST CORNER OF
SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER;
THENCE SOUTH 01°34'38" EAST, ALONG THE WEST LINE OF SAID NORTHEAST QUARTER OF THE
NORTHEAST QUARTER OF THE SOUTHEAST QUARTER, 100.00 FEET;
THENCE SOUTH 81°47'37" EAST, 96.48 FEET;
THENCE NORTH 89°15'59" EAST, 282.00 FEET;
THENCE SOUTH 84°39'42" EAST, 94.71 FEET;
THENCE NORTH 89°15'59" EAST, 194.00 FEET TO THE EAST LINE OF SAID NORTHEAST QUARTER OF
THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER;
THENCE NORTH 01°45'47" WEST, ALONG THE EAST LINE OF SAID NORTHEAST QUARTER OF THE
NORTHEAST QUARTER OF THE SOUTHEAST QUARTER, 125.02 FEET TO SAID POINT OF BEGINNING;
SITUATE IN THE CITY OF SPOKANE VALLEY, COUNTY OF SPOKANE, STATE OF WASHINGTON.
PARCEL "B":
THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 34, TOWNSHIP 25 NORTH, RANGE 44
EAST OF THE WILLAMETTE MERIDIAN, LYING WESTERLY OF MADISON ROAD;
EXCEPT THE NORTH 300 FEET THEREOF;
Form 5003353 (7-1-14) Page 15 of 15 Guarantee Number: 2498994 CLTA #14 Subdivision Guarantee (4-10-75)
Washington
AND EXCEPT ANY PORTION LYING WITHIN THE BOUNDS OF THE COUNTY RIGHT OF WAY AS
CONVEYED BY DEEDS RECORDED UNDER AUDITOR'S FILE NO. 581841C, RECORDS OF SPOKANE
COUNTY;
SITUATE IN THE CITY OF SPOKANE VALLEY, COUNTY OF SPOKANE, STATE OF WASHINGTON.
PARCEL "C":
THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 24 NORTH, RANGE 44 EAST
OF THE WILLAMETTE MERIDIAN, LYING EAST OF DISHMAN MICA ROAD, NORTH OF THORPE ROAD
AND WESTERLY OF MADISON ROAD;
EXCEPT ANY PORTION LYING WITHIN THE BOUNDS OF THE COUNTY RIGHT OF WAY AS CONVEYED BY
DEEDS RECORDED UNDER AUDITOR'S FILE NO. 8809160323 AND 9004120181, RECORDS OF SPOKANE
COUNTY;
SITUATE IN THE CITY OF SPOKANE VALLEY, COUNTY OF SPOKANE, STATE OF WASHINGTON.
PARCEL "D":
LOTS 8, 9 AND 10, TOMLIN'S ADDITION TO CHESTER, AS PER PLAT RECORDED IN VOLUME "E" OF
PLATS, PAGE 10, RECORDS OF SPOKANE COUNTY;
SITUATE IN THE CITY OF SPOKANE VALLEY, COUNTY OF SPOKANE, STATE OF WASHINGTON.
PARCEL E:
THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 25 NORTH, RANGE 44 EAST
OF THE WILLAMETTE MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 7, TOMLIN'S ADDITION TO CHESTER, AS PER PLAT
RECORDED IN VOLUME "E" OF PLATS, PAGE 10, RECORDS OF SPOKANE COUNTY;
THENCE NORTH ALONG THE EAST LINE OF SAID LOT 7, 104.81 FEET TO THE TRUE POINT OF
BEGINNING FOR THIS DESCRIPTION;
THENCE SOUTH 89°40'30" EAST 141.25 FEET;
THENCE SOUTH 00°20'09" EAST 519.43 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 33;
THENCE NORTH 89°37'04" WEST 141.25 FEET ALONG SAID SOUTH LINE TO THE SOUTHEAST CORNER
OF LOT 10 OF SAID TOMLIN'S ADDITION TO CHESTER;
THENCE NORTH ALONG THE EAST LINE OF SAID PLAT OF TOMLIN'S ADDITION TO CHESTER, TO THE
POINT OF BEGINNING;
EXCEPT ANY PORTION LYING WITHIN THE BOUNDS OF THE COUNTY RIGHT OF WAY AS CONVEYED BY
DEED RECORDED UNDER AUDITOR'S FILE NO. 581841C, RECORDS OF SPOKANE COUNTY;
SITUATE IN THE CITY OF SPOKANE VALLEY, COUNTY OF SPOKANE, STATE OF WASHINGTON.
TOGETHER WITH LOTS 6 AND 7, TOMLIN'S ADDITION TO CHESTER, AS PER PLAT RECORDED IN
VOLUME "E" OF PLATS, PAGE 10, RECORDS OF SPOKANE COUNTY;
SITUATE IN THE CITY OF SPOKANE VALLEY, COUNTY OF SPOKANE, STATE OF WASHINGTON.