2nd report (2)

Form 5011600 (8/1/09) of 2 ALTA Commitment (6-17-06)

Commitment for Title Insurance Issued By

Land Title & Escrow Agent for First American Title Insurance Company

1080 NE 7th Avenue Oak Harbor, WA 98277

Title Officer: Barry Tesch Email: [email protected] (800) 829-5263

Commitment ORDER NUMBER.: 03-163469-F First American Title Insurance Company, a California corporation (“Company”), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate 180 days after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to the issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. In Witness Whereof, First American Title Insurance Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A.

Form 5011600 (8/1/09) Page 1 of 2 ALTA Commitment (6-17-06)

(This Commitment is valid only when Schedule A and B are attached)

Form 5011600 (8/1/09) Page 2 of 2 ALTA Commitment (6-17-06)

CONDITIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or

other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions.

3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such

parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein.

4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a

report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment.

5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is

$2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at http://alta.org/.

ALTA 2006 Commitment (06/17/06)

Burlington Anacortes Oak Harbor Freeland Camano/Stanwood Title Officer: Barry Tesch Order Number: 03-163469-F Reference: Escrow Number: Prepared For: For Title service on this order call:

(360) 675-2246 Coldwell Banker Koetje RE 415 SE Pioneer Way Oak Harbor, WA 98277 Attn: Tyler Fitzgerald

SECOND REPORT SCHEDULE A

1. Effective Date: November 13, 2017 at 8:00AM 2. Policy Or Policies To Be Issued: TO COME ( X ) ALTA Owner’s Policy ( X ) Standard ( ) Extended Amount: $

Premium: $ ( ) ALTA Homeowner’s Policy

Sales Tax: $

Proposed Insured: To Come (See Note 4) ( ) ALTA Loan Policy Amount: $ ( ) Standard ( ) Extended Premium: $ Sales Tax: $ Proposed Insured: *Please note that some Endorsements have charges. Please contact your title officer above to verify charges, if any, for the endorsements required for your forthcoming policy at (360) 675-2246. NOTE: If this transaction fails to close, a cancellation fee in the minimum amount of $60.00 plus $5.22 sales tax may be charged, the actual amount charged being dependent upon the work actually performed by the company. Please contact the company immediately to notify us of the necessity of cancelling this document.

3. The estate or interest in the land described or referred to in this Commitment and covered herein is:

Fee Simple Estate

4. Title to said estate or interest in said land is at the effective date hereof vested in: Chana Sritong and Natchanok Sritong, husband and wife

5. The land referred to in this commitment is described as follows: See Exhibit A attached


Order Number: 03-163469-F

EXHIBIT A

PARCEL A: Lot 30, Plat of SMITH'S ADDITION TO OAK HARBOR, as per plat recorded in Volume 2 of Plats, page 32, records of Island County, Washington. TOGETHER WITH that portion of tidelands lying South of Reserve "C", Plat of ELY'S ADDITION TO THE TOWN OF OAK HARBOR, as per plat thereof recorded in Volume 2 of Plats, page 27, records of Island County, Washington, described as follows: Beginning at the Southwest corner of TAFTEZON DONATION LAND CLAIM in Section 2, Township 32 North, Range 1 East W.M.; thence South 25º15' West along the Southeasterly line of said Reserve "C" 77 feet; thence South 16º35' East parallel to the West line of said Reserve "C" 114.98 feet to West line of TAFTEZON DONATION LAND CLAIM produced South; thence North 0º22' East along produced West line of said TAFTEZON DONATION LAND CLAIM 182.2 feet to the point of beginning. Situate in the County of Island, State of Washington. PARCEL B: That portion of the C.W. Sumner Donation Land Claim in Section 2, Township 32 North, Range 1 East W.M., described as follows: Beginning at a point South 63º35' West 92 feet from an iron pin which is 33 feet North of the Southwest corner of the Z.M. Taftezon Donation Land Claim (said point being the Northeast corner of a tract conveyed to H.T. Hill by deed recorded in Volume 24 of Deeds, page 233); thence North 68º East along the Southerly line of Pioneer Way as established 30 feet, more or less, to the Northwest corner of Tract 30 of Smith's Addition to Oak Harbor; thence South 17º13' East along the Westerly line of said Tract 30, 60 feet; thence South 69º West 30 feet; thence North 17º13' West 60 feet, more or less, to the point of beginning. Situate in the County of Island, State of Washington. PARCEL C: That portion of Reserve "C" of Ely's Addition to the Town of Oak Harbor, as per plat recorded in Volume 2 of Plats, page 27, records of Island County, and of the tidelands lying in front of and adjacent to the meander line in front of Reserve "C", described as follows: Beginning at a point on the Southeasterly line of said Reserve "C", South 25º15' West 77.0 feet from the Southwest corner of the Z.M. Taftezon Donation Land Claim in Section 2, Township 32 North, Range 1 East W.M.; thence North 17º13' West 16.82 feet to the Southeast corner of the Wm. E. Faulkner tract; thence South 69º West along the Southerly line of said Faulkner tract 30 feet; thence South 16º35' East parallel to the West line of said Reserve "C" 158.44 feet to the Southerly line of a tract deeded to Neil H. Koetje, etux, by deed dated October 14, 1953, and recorded as Auditor's File No. 91418; thence North 64º56'15" East along said Southerly line 22.22 feet, more or less, to the Southeasterly corner of said Koetje tract; thence North 0º22' East along the produced Taftezon Donation Land Claim line, 27.14 feet; thence North 16º35' West 114.98 feet to the point of beginning. (Continued…)


Order Number: 03-163469-F EXCEPT from the above parcel any portion lying Westerly of the following described line: Beginning at a copper tack set in a lead plug which is South 63º35'00" West 92 feet from an iron pin located 33 feet North of the Southwest corner of the Z.M. Taftezon Donation Land Claim; thence South 63º35'00" West 4.50 feet to the true point of beginning of the line being described; thence South 25º16'43" East 57.24 feet; thence South 69º West 4.50 feet; thence South 16º35' East 161.43 feet to a point on the North line of 200 Avenue S.W., said point being the Southern terminus of the line being described. Situate in the County of Island, State of Washington.

END OF EXHIBIT A



SCHEDULE B Part I

Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company:

GENERAL EXCEPTIONS

A. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records.

B. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof.

C. Easements, claims of easement or encumbrances which are not shown by the public records.

D. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records.

E. (A) Unpatented mining claims; (B) Reservations or exceptions in patents or in Acts authorizing the issuance thereof; (C) Water rights, claims or title to water; whether or not the matters excepted under (A), (B) or (C) are shown by the public records; (D) Indian Tribal Codes or Regulations, Indian Treaty or Aboriginal Rights, including easements or equitable servitudes.

F. Any lien or right to a lien, for services, labor or materials or medical assistance heretofore or hereafter furnished, imposed by law and not shown by the public records.

G. Any service, installation, connection, maintenance, construction, tap or reimbursement charges/costs for sewer, water, garbage or electricity.

H. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof, but prior to the date the proposed insured acquires of record for value the escrow or interest or mortgage(s) thereon covered by this Commitment.

SPECIAL EXCEPTIONS FOLLOW



SCHEDULE B Part I

SPECIAL EXCEPTIONS 1. 1.78% excise tax, if unpaid.

2. General taxes, as follows, together with interest, penalty and statutory foreclosure costs, if any, after

delinquency which can be obtained from the Island County Treasurer's Office (360) 679-7302. First half taxes become delinquent May 1st, if unpaid and second half taxes become delinquent November 1st, if unpaid:

Principal Tax Account No.: Year Amount Billed Amount Paid Balance S8180-00-00030-0 2017 $1,882.04 $1,882.04 $0.00 Key 396128, Tax code 100 Total Assessed: $176,166.00 (Affects Parcel A) S13202-233-2860 2017 $1,698.83 $1,698.83 $0.00 Key 11114, Tax code 100 Total Assessed: 159,025.00 (Affects Parcel B) S6565-00-00C04-0 2017 $521.39 $521.39 $0.00 Key 252434, Tax code 100 Total Assessed: $48,482.00 (Affects Parcel C)

3. Liability for pending adjustments that have not been completed by the Island County Treasurer’s Office. These may be due to, but not limited to, prior senior citizen exemptions, land segregations, and/or classification removals. Please inquire with the Island County Treasurer’s Office if said pending adjustment exists at time of closing. Any post closing pending adjustment will be excluded from policy coverage. 4. Assessments, latecomers fees or LID’s, if any, as may be levied by the City of Oak Harbor. 5. Easements, restrictions, and other matters shown on Schedule “B-1” attached are also excepted from coverage. The easements, restrictions and other matters shown as lettered exceptions on Schedule “B-1” are excepted from policy coverage to the same extent that the numbered Schedule B Special Exceptions shown herein are excepted from policy coverage. 6. FINANCING STATEMENT AND THE TERMS AND CONDITIONS THEREOF: Secured Party: Sritong, Inc., a Washington corporation Debtor: Erawan Thai Cuisine & Sushi Covers: Fixtures located thereon Recorded: November 13, 2008 Recording No.: 4239906 (Continued…)


Order Number: 03-163469-F 7. DEED OF TRUST, INCLUDING THE TERMS AND CONDITIONS THEREOF: Grantor: Chana Sritong and Natchanok Sritong, husband and wife Trustee: Land Title Company of Island County Beneficiary: Peoples Bank Original Amount: $250,000.00 Dated: December 1, 2009 Recorded: December 3, 2009 Recording No.: 4264668 SUBORDINATION AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: Recorded: September 2, 2010 Recording No.: 4280166 This agreement provides the above Deed of Trust has been subordinated to the City of Oak Harbor sidewalk order and judgment. 8. ASSIGNMENT OF RENTS AND THE TERMS AND CONDITIONS THEREOF: Assignor: Chana Sritong and Natchanok Sritong, husband and wife Assignee: Peoples Bank Dated: December 1, 2009 Recorded: December 3, 2009 Recording No.: 4264669 9. Matters affecting security interests in personal property which may be disclosed by a search of the Uniform Commercial Code (UCC) Records at the Washington State Department of Licensing in Olympia. 10. Unrecorded leaseholds, if any; rights of vendors and holders of security interests on personal property installed upon said property, and rights of tenants to remove trade fixtures at the expiration of the term. NOTE 1: The Company has been asked to issue an Owner’s Policy without disclosure of the liability amount. This commitment shall be effective only when the amount of the Owner’s Policy committed for has been inserted in Schedule A hereof or added by Supplemental. The forthcoming Owner’s Policy must be issued in an amount at least equal to the full value of the estate insured in accordance with our rate schedule on file in the Office of the Washington State Insurance Commissioner. NOTE 2: According to the information we are able to obtain from Island County, the address is as follows: 881 and 885 SE Pioneer Way, Oak Harbor, WA 98277 NOTE 3: The application for title insurance supplied only an address, parcel number or both. Based on our review of the public records, we believe that the legal description in this report matches what was submitted to us. However, the parties to the forthcoming transaction need to make certain that our legal description is the intended property, and if otherwise, to please notify us immediately. NOTE 4: Matters disclosed by a search of the names of parties not yet revealed. (Continued…)


Order Number: 03-163469-F NOTE 5: Unless otherwise specified, this Company has assigned this file to the following Underwriter for the policy to issue: First American Title Insurance Company. set ENCL: Paragraphs 6-8 Paragraphs D-J Sketch

END OF SPECIAL EXCEPTIONS



SCHEDULE B Part II

The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate

or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed

for record NOTE: Recording procedures in Island County have changed in that, when possible, we now E-Record documents, with the exception of files with Mobile Home Transfers. All documents must meet the margin and legibility requirements as set forth by the Washington State Legislature under RCW 65.04.045. If your documents fail to meet these requirements the County may reject them for recording, which could delay your closing.

LAST DOCUMENT RELEASE TIMES:

E-RECORDING REGULAR RECORDING Non-Excise - 4:00 PM Non-Excise - 4:00 PM Excise Tax - 3:00 PM Excise Tax - 3:00 PM x Documents (including excise tax, if

applicable) must be in our possession for review by 1:30 PM for same day recording

x Excise tax must be either (1) wired to Land Title* or (2) if hard copies are mailed with a paper check, the check must be made payable to: Land Title & Escrow

x Each document is subject to an E-Record fee of $5.44

x Documents must be in our office by noon the day of recording. The courthouse runner leaves at 12:30 PM

x Excise tax check payable to: Island County Treasurer

*If original documents are scanned and emailed to us for E-Recording, the excise tax will need to be wired in advance. Contact our Oak Harbor office for wiring instructions. Documents must meet the following criteria: Black and White scan, Resolution of 300 dpi (minimum), saved as a PDF or TIF. Please contact our office if you have any document requirement questions. For your information, the abbreviated legal description for the subject property is as follows: Lot 30 Smith’s Add., Ptn Sumner DLC in Sec 2-32-1 EWM, & Ptn Res. C Elys Add.



SCHEDULE B-1 A. Reservation of the right of drainage across said property as exercised and used on August 8, 1928, date of deed from Clara B. Ely, recorded in Volume 49 of Deeds, page 245. B. Ordinances No. 930 and 929 as recorded on November 12, 1992, under Auditor's File Nos. 92021708 and 92021709. C. Agreement entered into December 16, 1970 between the City of Oak Harbor, a municipal corporation, and Omer C. Cooper and Glenna Cooper, his wife; regarding boundary line adjustment as recorded December 18, 1970 under Auditor's File No. 236802. D. An easement two feet in width and the conditions therein to construct metal awnings and fire shutters as recorded August 20, 1971 under Auditor's File No. 243229. E. Survey as recorded February 7, 1979 under Auditor's File No. 347149 in Volume 4 of surveys, page 333, records of Island County, Washington. F. Survey as recorded May 11, 1982 under Auditor's File No. 396073 in Volume 5 of surveys, page 258, records of Island County, Washington. G. Survey as recorded January 20, 1984 under Auditor's File No. 420127, records of Island County, Washington. H. Reservation contained in deed from the State of Washington, reserving to the grantor all oil, gases, coal, ores, minerals, fossils, etc, and the right of entry for opening, developing and working the same, and providing that such rights shall not be exercised until provision has been made for full payment of all damages sustained by reason of such entry. I. Matters as disclosed by survey recorded February 1, 2010 under Auditor's File No. 4267976, records of Island County, Washington. J. Order and Judgment of Default quieting title to the City of Oak Harbor in the form of a prescriptive easement under, on and over that portion of any sidewalk located on said premises as fully set forth in Island County Superior court Case 10-2-00431-1.

END OF SCHEDULE B-1

PRIVACY POLICY We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information – particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values, a copy of which can be found on our website at www.firstam.com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by

telephone or any other means;� Information about your transactions with us, our affiliated companies, or others; and� Information we receive from a consumer reporting agency.� Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American’s Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. � 2001 The First American Corporation • All Rights Reserved

Privacy Policy Notice

Mount Vernon Abstract and Title Co., Inc. dba Land Title and Escrow of Skagit & Island Counties

PURPOSE OF THIS NOTICE

Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution directly or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Mount Vernon Abstract and Title Co., Inc. dba Land Title and Escrow of Skagit & Island Counties We may collect nonpublic personal information about you from the following sources:

x Information we receive from you, such as on applications or other forms. x Information about your transactions we secure from our files, or from our affiliates or others. x Information we receive from a consumer reporting agency. x Information that we receive from others involved in your transaction, such as the real estate agent

or lender.

Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you.

We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law.

We also may disclose this information about our customers or former customers to the following

types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements:

x Financial service providers such as companies engaged in banking, consumer finance, securities

and insurance. x Non-financial companies such as envelope stuffers and other fulfillment service providers.

WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU

WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal information about you to those employees who need to

know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information.