deliverables - blogs.nwifc.orgblogs.nwifc.org/psp/files/2017/12/epa-nwifc-deliverables.pdf ·...
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When recorded returnto:ScottEbyThe MountaineersP.O.Box 25590
Seattle,WA 98165
FIDELITY NTL OF KITSAP COUNTY 201211260350DeadRecFee.S 75.00Filedforrecordattherequestof: 11/26/2012eaas onuse: 1 of 4WalterWashington,KitsapCo Auditorg Fidelity National Title'
9619 LevinRd NW
Silverdale,WA 98383
Escrow No.:611037950
DOCUMENT TITLE(S)
SpecialWarrantyDeed
REFERENCE NUMBER(S) OF DOCUMENTS ASSIGNED OR RELEASED:
Additionalreferencenumbers on page ofdocument
GRANTOR(S)
UelandTree Farms LLC
O Additionalnames on page ofdocument
GRANTEE(S)
The MountaineersFoundation
O Additionalnames on page ofdocument
ABBREVIATED LEGAL DESCRIPTION
Portionofthe NorthwestquarteroftheSoutheastquarter,Section12,Township 24 North,Range 1West and portionofthe Northeastquarterofthe Southwestquarter,Section7,Township 24 North,Range 1 East,W.M.
Complete legaldescriptionison page ofdocument
TAX PARCEL NUMBER(S)
072401-3-002-2002,122401-4-012-1003and 122401-4-013-1002
AdditionalTax Accountsareon page ofdocument
TheAuditor/Recorderwillrelyontheinformationprovidedonthisform.Thestaffwillnotreadthedocumenttoverifytheaccuracyorcompletenessoftheindexinginformationprovidedherein.
"Iam signingbelowandpayinganadditional$50recordingfee(asprovidedinRCW 36.18.010andreferredtoasanemergencynonstandarddocument),becausethisdocumentdoesnotmeetmarginand formattingrequirements.Furthermore,Iherebyunderstandthattherecordingprocessmay coveruporotherwiseobscuresome partofthetextoftheoriginaldocumentasaresultofthisrequest."
SignatureofRequestingParty
Notetosubmitter:Donotsignabovenorpayadditional$50feeifthedocumentmeetsmargin/formattingrequirements
CoverPageforRecordingsWA0000018.doc/Updated:07.11.11 Page1of1 WA-FT-FTMA-01530.624905-611037950
201211260350 11/26/2012 03:48:47 PM Page 2 of 4
Whenrecordedreturnto:TheMountaineersFoundationPO Box25590Seattle,WA 98165
Filedforrecordattherequestof
FidelityNationalTitleCompany9819LevinRdNWSilverdale,WA 98383
EscrowNo.:611037950
SPECIAL WARRANTY DEED
(NotStatutory)
THEGRANTOR(S)
UelandTreeFarmLLC,aWashingtonlimitedliabilitycompanyforandinconsiderationof
TenAndNo/100Dollars($10.00)andothergoodandvaluableconsideration
inhandpaid,bargains,sells,andconveysto
TheMountaineersFoundation,anon-profitNatureConservancyCorporationthefollowingdescribedestate,situatedintheCountyofKitsap,StateofWashington:
SEEEXHIBIT"A"ATTACHEDHERETOAND MADE A PARTHEREOF
AbbreviatedLegal;(Requirediffulllegalnotinsertedabove.)
PortionoftheNorthwestguarteroftheSoutheastquarter,Section12,Township24North,Range1WestandportionoftheNortheastquarteroftheSouthwestquarter,Section7,Township24North,Range1East,W.M.
TaxParcelNumber(s):072401-3-002-2002,122401-4-012-1003,122401-4-013-1002
SUBJECTTO:SeeExhibit"B"atlachedheretoandbythisreferencemadeaparthereof.
Dated:N ber1 12
ueland rm l (0 / > U . / c & 7 v
BY: /CraigUefand a to Ic Ll C 1. A rf D
ManagingMember
StateofMc be /
Count f CV 068
Icertifythat satisfactoryevidencethat 1 20 0 6
is/ornthe )whoappearedbeforeme,andsaidpersonacknowledgedthat(helshelthey)signedthisinstrument,onoathstatedthat(helshelthey)wasauthorizedtoexecutetheinstrumentandacknowledgeditastheManagingMemberofUelandTreeFarmLLCtobethefreeandvoluntaryactofsuchpartyfortheusesandpurposesmentionedintheinstrument
Dated: 4 * *
Myappointmentexpires:17 rp U g
KITSAPCOUNTYTREASUREREXCISE 11/26/2012
2012EX06434
Total:$4,811.00 Clerk'sInitial
201211260350 11/26/2012 03:48:47 PM Page 3 of 4
EXHIBIT "A"LegalDescription
ForAPNIParcelID(s):072401-3-002-2002,122401-4-012-1003and122401-4-013-1002
Parcel1:ResultantparcelsBandC ofBoundaryLineAdjustmentrecordedunderAuditor'sFileNo.3072048,beingaportionoftheNorthwestquarteroftheSoutheastquarter,Section12,Township24North,Range1West,andaportionoftheNorthwestquarteroftheSouthwestquarter,Section7,Township24North,Range1East,W.M.,inKitsapCounty,Washington;Parcelil:Lot1,Page1 ofLotSegregationRequestrecordedunderAuditor'sFileNo.9605240200,beingaportionoftheNortheastquarteroftheSouthwestquarter,Section7,Township24North,Range1East,W.M.,inKitsapCounty,Washington;
specialwanantyDeedarele-oe) Panted.11.18.12g as:1sPMbyLI.WA0000753.doe/Updaled:09.28.12 WA-FT-FTMA-01S30.624905-611037950
201211260350 11/26/2012 03:48:47 PM Page 4 of 4
EXHIBIT "B"
Exceptions
1. Thetermsandprovisionscontainedindocumententitle"Notice"recordedDecember12,1969underRecordingNo.966132.
2. Covenants,conditions,restrictions,recitals,reservations,easements,easementprovisions,dedications,buildingsetbacklines,notesandstatements,ifany,butomittinganycovenantsorrestrictions,ifany,includingbutnotlimitedtothosebaseduponrace,color,religion,sex,sexualorientation,familialstatus,maritalstatus,disability,handicap,nationalorigin,ancestry,orsourceofincome,assetforthinapplicablestateorfederallaws,excepttotheextentthatsaidcovenantorrestrictionispermittedbyapplicablelaw,assetforthonOwner'sRequestandAcknowledgementfor20AcreLandSegregation:RecordingNo: 9605240200
3. Covenants,conditions,restrictions,recitals,reservations,easements,easementprovisions,dedications,buildingsetbacklines,notesandstatements,ifany,butomittinganycovenantsorrestrictions,ifany,includingbutnotlimitedtothosebaseduponrace,color,religion,sex,sexualorientation,familialstatus,maritalstatus,disability,handicap,nationalorigin,ancestry,orsourceofincome,assetforthinapplicablestateorfederallaws,excepttotheextentthatsaidcovenantorrestrictionispermittedbyapplicablelaw,assetforthonBoundaryLineAdjustment:RecordingNo: 3072048
4. NoticeofMoratoriumonNon-ForestryUseofLandRecordingDate: June3,2002RecordingNo.: 200206030313
5. EasementExchangeAgreement(AccessandUtilities)RecordingDate: March3,2004RecordingNo.: 200403030394
6. NoticeofContinuingForestLandObligationRecordingDate: April15,2004RecordingNo.: 200404150506
7. EasementAgreementRecordingDate: May24,2004RecordingNo.: 200405240139
8. NoticeofContinuanceLandClassifiedasCurrentUseorForestLandRecordingDate: June8,2004RecordingNo.: 200406080036
9. EasementAgreement(Infiltration)RecordingDate: February6,2008RecordingNo.: 200802060071saidinstrumentisare-recordofRecordingNo.200403030393.
10. Easement(s)forthepurpose(s)shownbelowandrightsincidentaltheretoassetforthinadocumentPurpose: ConservationEasementRecordingDate: December21,2009RecordingNo.: 200912210263
11. Lackofarecordedeasementprovidingaccesstothelandshereindescribedfromanypublicroad.
12. Lackofarecordedmeansofingressandegresstoapublicroadfromtheland.
9619 Levin Rd NWSilverdale, WA 98383
Phone: (360)692-4556 / Fax: (360)698-2356
Prelim/Commitment Product Enclosure Letter - Title Printed: 08.31.12 @ 02:09PM by JFSSCORPD0270.doc / Updated: 08.26.10 Page 1 of 1 ----611037950
Fidelity National Title Insurance CompanyP.O. Box 45023Jacksonville, FL 32232
Date: August 31, 2012Order No.: 611037950-DSBorrower: The Mountaineers FoundationSeller: Ueland Tree Farm
To Whom It May Concern:
We have enclosed one (1) copy(ies) of the following:
ALTA Commitment 2006 No.: 611037950, dated August 29, 2012, for property(ies):
APN/Parcel ID(s) 072401-3-002-2002, 122401-4-012-1003 and 122401-4-013-1002
Please call us immediately if you have any questions or concerns.
Sincerely,
Dick SoderstromSenior Title [email protected]
ALTA COMMITMENT FOR TITLE INSURANCE
Commitment Number:Issued By:
611037950
Copyright American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA Commitment (Adopted: 06.17.2006) Printed: 08.31.12 @ 02:09PMWA-FT-FTMA-01530.624903-SPS-1-12-611037950
FIDELITY NATIONAL 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 six (6) months after the Effective Date or when
the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or
policies is not the fault of the Company.
The Company will provide a sample of the policy form upon request.
This Commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory.
IN WITNESS WHEREOF, FIDELITY NATIONAL 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.
Fidelity National Title Insurance Company
By:
Countersigned By:
Authorized Officer or Agent
President
Attest:
Secretary
FIDELITY NATIONAL TITLE INSURANCE COMPANY COMMITMENT NO. 611037950
ISSUING OFFICE: FOR SETTLEMENT INQUIRIES, CONTACT:
Title Officer: Dick SoderstromFidelity National Title Company
9619 Levin Rd NWSilverdale, WA 98383
Phone: (360)337-4002 Fax: (360)698-7509Main Phone: (360)692-4556
Email: [email protected]
SCHEDULE A
Copyright American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA Commitment (Adopted: 06.17.2006) Printed: 08.31.12 @ 02:09PMWA-FT-FTMA-01530.624903-SPS-1-12-611037950
ORDER NO. 611037950
1. Effective Date: August 29, 2012 at 08:00AM
2. Policy or (Policies) to be issued:
a. ALTA Owner's Policy 2006Proposed Insured: The Mountaineers FoundationPolicy Amount: $270,000.00Premium: $ 1,029.00Tax: $ 88.49Total: $ 1,117.49
3. The estate or interest in the land described or referred to in this Commitment is:
Fee Simple
4. Title to the Fee Simple estate or interest in land is at the Effective Date vested in:
Ueland Tree Farm LLC, a Washington limited liability company
5. The land referred to in this Commitment is described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
END OF SCHEDULE A
EXHIBIT "A"Legal Description
Copyright American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA Commitment (Adopted: 06.17.2006) Printed: 08.31.12 @ 02:09PMWA-FT-FTMA-01530.624903-SPS-1-12-611037950
For APN/Parcel ID(s): 072401-3-002-2002, 122401-4-012-1003 and 122401-4-013-1002
Parcel I:
Resultant parcels B and C of Boundary Line Adjustment recorded under Auditor's File No. 3072048, beinga portion of the Northwest quarter of the Southeast quarter , Section 12, Township 24 North, Range 1West, and a portion of the Northwest quarter of the Southwest quarter , Section 7, Township 24 North,Range 1 East, W.M., in Kitsap County, Washington;
Parcel II:
Lot 1, Page 1 of Lot Segregation Request recorded under Auditor's File No. 9605240200, being a portionof the Northeast quarter of the Southwest quarter , Section 7, Township 24 North, Range 1 East, W.M., inKitsap County, Washington;
FIDELITY NATIONAL TITLE INSURANCE COMPANY COMMITMENT NO. 611037950
SCHEDULE B
Copyright American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA Commitment (Adopted: 06.17.2006) Printed: 08.31.12 @ 02:09PMWA-FT-FTMA-01530.624903-SPS-1-12-611037950
Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same aredisposed of to the satisfaction of the Company:
GENERAL EXCEPTIONS
A. Rights or claims of parties in possession, or claiming possession, not shown by the Public Records.
B. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would bedisclosed by an accurate and complete land survey of the Land.
C. Easements, prescriptive rights, rights-of-way, liens or encumbrances, or claims thereof, not shown by thePublic Records.
D. Any lien, or right to a lien, for contributions to employee benefit funds, or for state workers' compensation, orfor services, labor, or material heretofore or hereafter furnished, all as imposed by law, and not shown by thePublic Records.
E. Taxes or special assessments which are not yet payable or which are not shown as existing liens by the PublicRecords.
F. Any lien for service, installation, connection, maintenance, tap, capacity, or construction or similar charges forsewer, water, electricity, natural gas or other utilities, or for garbage collection and disposal not shown by thePublic Records.
G. Unpatented mining claims, and all rights relating thereto.
H. Reservations and exceptions in United States Patents or in Acts authorizing the issuance thereof.
I. Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes.
J. Water rights, claims or title to water.
K. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the PublicRecords, or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquiresof record for value the estate or interest or mortgage thereon covered by this Commitment.
SPECIAL EXCEPTIONS
FIDELITY NATIONAL TITLE INSURANCE COMPANY COMMITMENT NO. 611037950
SCHEDULE B(continued)
Copyright American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA Commitment (Adopted: 06.17.2006) Printed: 08.31.12 @ 02:09PMWA-FT-FTMA-01530.624903-SPS-1-12-611037950
1. Payment of the real estate excise tax, if required.
The Land is situated within the boundaries of the local taxing authority.
Present rate of real estate excise tax as of the date herein is 1.78%.
Any conveyance document must be accompanied by the official Washington State Excise Tax Affidavit. Theapplicable excise tax must be paid and the affidavit approved at the time of the recording of the conveyancedocuments.
2. General and special taxes and charges, payable February 15, delinquent if first half unpaid on May 1, second halfdelinquent if unpaid on November 1 of the tax year (amounts do not include interest and penalties):
Year: 2012 Tax Account No.: 122401-4-012-1003Levy Code: 6029 Assessed Value-Land: $2740.00Assessed Value-Improvements: $0.00
General and Special Taxes: Billed: $48.38Paid: $48.38Unpaid: $0.00
The Land is designated on the tax rolls as forest land and the land value reduced pursuant to RCW 84.33. Thetimber located thereon is not taxed as real property but will be subject to collection of a tax upon harvestingthereof. In the event that said Land is removed from its present designation of forest land, an assessment of acompensating tax for prior years may apply.
3. General and special taxes and charges, payable February 15, delinquent if first half unpaid on May 1, second halfdelinquent if unpaid on November 1 of the tax year (amounts do not include interest and penalties):
Year: 2012 Tax Account No.: 122401-4-013-1002Levy Code: 6029 Assessed Value-Land: $3940.00Assessed Value-Improvements: $0.00
General and Special Taxes: Billed: $61.70Paid: $61.70Unpaid: $0.00
The Land is designated on the tax rolls as forest land and the land value reduced pursuant to RCW 84.33. Thetimber located thereon is not taxed as real property but will be subject to collection of a tax upon harvestingthereof. In the event that said Land is removed from its present designation of forest land, an assessment of acompensating tax for prior years may apply.
FIDELITY NATIONAL TITLE INSURANCE COMPANY COMMITMENT NO. 611037950
SCHEDULE B(continued)
Copyright American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA Commitment (Adopted: 06.17.2006) Printed: 08.31.12 @ 02:09PMWA-FT-FTMA-01530.624903-SPS-1-12-611037950
4. General and special taxes and charges, payable February 15, delinquent if first half unpaid on May 1, second halfdelinquent if unpaid on November 1 of the tax year (amounts do not include interest and penalties):
Year: 2012 Tax Account No.: 072401-3-002-2002Levy Code: 6029 Assessed Value-Land: $2580.00Assessed Value-Improvements: $0.00
General and Special Taxes: Billed: $46.60Paid: $46.60Unpaid: $0.00
The Land is designated on the tax rolls as forest land and the land value reduced pursuant to RCW 84.33. Thetimber located thereon is not taxed as real property but will be subject to collection of a tax upon harvestingthereof. In the event that said Land is removed from its present designation of forest land, an assessment of acompensating tax for prior years may apply.
5. The terms and provisions contained in document entitle "Notice" recorded December 12, 1969 under RecordingNo. 966132.
6. Covenants, conditions, restrictions, recitals, reservations, easements, easement provisions, dedications, buildingsetback lines, notes and statements, if any, but omitting any covenants or restrictions, if any, including but notlimited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability,handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except tothe extent that said covenant or restriction is permitted by applicable law, as set forth on Owner's Request andAcknowledgement for 20 Acre Land Segregation:
Recording No: 9605240200
7. Covenants, conditions, restrictions, recitals, reservations, easements, easement provisions, dedications, buildingsetback lines, notes and statements, if any, but omitting any covenants or restrictions, if any, including but notlimited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability,handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except tothe extent that said covenant or restriction is permitted by applicable law, as set forth on Boundary LineAdjustment :
Recording No: 3072048
8. Notice of Moratorium on Non-Forestry Use of Land
Recording Date: June 3, 2002Recording No.: 200206030313
FIDELITY NATIONAL TITLE INSURANCE COMPANY COMMITMENT NO. 611037950
SCHEDULE B(continued)
Copyright American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA Commitment (Adopted: 06.17.2006) Printed: 08.31.12 @ 02:09PMWA-FT-FTMA-01530.624903-SPS-1-12-611037950
9. Easement Exchange Agreement (Access and Utilities)
Recording Date: March 3, 2004Recording No.: 200403030394
10. Notice of Continuing Forest Land Obligation
Recording Date: April 15, 2004Recording No.: 200404150506
11. Easement Agreement
Recording Date: May 24, 2004Recording No.: 200405240139
12. Notice of Continuance Land Classified as Current Use or Forest Land
Recording Date: June 8, 2004Recording No.: 200406080036
13. Easement Agreement (Infiltration)
Recording Date: February 6, 2008Recording No.: 200802060071
said instrument is a re-record of Recording No. 200403030393.
14. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document:
Purpose: Conservation EasementRecording Date: December 21, 2009Recording No.: 200912210263
15. Memorandum of Option Agreement
Recording Date: January 14, 2010Recording No.: 201001140008
16. Lack of a recorded easement providing access to the lands herein described from any public road.
17. Lack of a recorded means of ingress and egress to a public road from the land.
FIDELITY NATIONAL TITLE INSURANCE COMPANY COMMITMENT NO. 611037950
SCHEDULE B(continued)
Copyright American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA Commitment (Adopted: 06.17.2006) Printed: 08.31.12 @ 02:09PMWA-FT-FTMA-01530.624903-SPS-1-12-611037950
18. The Company will require the following documents for review prior to the issuance of any title assurancepredicated upon a conveyance or encumbrance by the corporation named below.
Name of Corporation: The Mountaineers Foundation
a. A Copy of the corporation By-laws and Articles of Incorporation.
b. An original or certified copy of a resolution authorizing the transaction contemplated herein.
c. If the Articles and/or By-laws require approval by a ‘parent’ organization, a copy of the Articles and By-laws of the parent.
The Company reserves the right to add additional items or make further requirements after review of therequested documentation.
19. The Company will require the following documents for review prior to the issuance of any title assurancepredicated upon a conveyance or encumbrance from the entity named below.
Limited Liability Company: Ueland Tree Farm, LLC
a. A copy of its operating agreement, if any, and any and all amendments, supplements and/or modifications thereto, certified by the appropriate manager or member.
b. If a domestic Limited Liability Company, a copy of its Articles of Organization and all amendment thereto with the appropriate filing stamps.
c. If the Limited Liability Company is member-managed a full and complete current list of members certified by the appropriate manager or member.
d. If the Limited Liability Company was formed in a foreign jurisdiction, evidence, satisfactory to the Company that it was validly formed, is in good standing and authorized to do business in the state of origin.
e. If less than all members, or managers, as appropriate, will be executing the closing documents, furnish evidence of the authority of those signing.
The Company reserves the right to add additional items or make further requirements after review of therequested documentation.
END OF EXCEPTIONS
NOTES
The following matters will not be listed as Special Exceptions in Schedule B of the policy. There will be no coverage forloss arising by reason of the matters listed below because these matters are either excepted or excluded from coverage orare not matters covered under the insuring provisions of the policy.
FIDELITY NATIONAL TITLE INSURANCE COMPANY COMMITMENT NO. 611037950
SCHEDULE B(continued)
Copyright American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA Commitment (Adopted: 06.17.2006) Printed: 08.31.12 @ 02:09PMWA-FT-FTMA-01530.624903-SPS-1-12-611037950
Note A: Note: There are NO conveyances affecting said Land recorded within 24 months of the date of thisreport.
Note B: Note: Any documents being executed in conjunction with this transaction must be signed in the
presence of an authorized Company employee, an authorized employee of an agent, an authorized
employee of the insured lender, or by using Bancserv or other approved third-party service. If the above
requirement cannot be met, please call the Company at the number provided in this report.
Note C: Note: FOR INFORMATIONAL PURPOSES ONLY:
The following may be used as an abbreviated legal description on the documents to be recorded, perAmended RCW 65.04.045. Said abbreviated legal description is not a substitute for a complete legaldescription within the body of the document:
Portion of the Northwest quarter of the Southeast quarter , Section 12, Township 24 North, Range 1West and portion of the Northeast quarter of the Southwest quarter , Section 7, Township 24 North,Range 1 East, W.M.Tax Account No.: 072401-3-002-2002, 122401-4-012-1003 and 122401-4-013-1002
Note D: Note: Notwithstanding anything to the contrary in this Commitment, if the policy to be issued is other
than an ALTA Owner’s Policy (6/17/06), or ALTA Loan Policy (6/17/06), the policy may not contain an
arbitration clause, or the terms of the arbitration clause may be different from those set forth in this
Commitment. If the policy does contain an arbitration clause and the Amount of Insurance is less than
the amount, if any, set forth in the arbitration clause, all arbitral matters shall be arbitrated at the option
of either the Company or the Insured as the exclusive remedy of the parties.
Note E: Note: Examination of the Public Records discloses no judgments or other matters pending against the
name(s) of the proposed insured.
Note F: Note: Your application for title insurance was placed by reference to only a street address or taxidentification number. Based on our records, we believe that the legal description in this report coversthe parcel(s) of Land that you requested. If the legal description is incorrect, the seller/borrower mustnotify the Company and/or the settlement company in order to prevent errors and to be certain that thecorrect parcel(s) of Land will appear on any documents to be recorded in connection with thistransaction and on the policy of title insurance.
Note G: Note: Kitsap County's Auditor, Treasurer and Assessor implemented a four day work week May 8,
2009, and are closed every Friday. There are no recordings on Fridays.
FIDELITY NATIONAL TITLE INSURANCE COMPANY COMMITMENT NO. 611037950
SCHEDULE B(continued)
Copyright American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA Commitment (Adopted: 06.17.2006) Printed: 08.31.12 @ 02:09PMWA-FT-FTMA-01530.624903-SPS-1-12-611037950
Note H: Note: Effective September 1, 2012, Fidelity National Title Company offices in Pierce, King, Kitsap and
Snohomish Counties have a flat recording fee for residential sale and refinance transactions that involve
an escrow.
Residential Sale Recording fee: $167.00
Residential Refinance Recording Fee: $111.00
For Snohomish County, there is an additional $4.00 per document electronic recording processing fee.
RECORDING CHARGES ARE SUBJECT TO CHANGE WITHOUT NOTICE.
The RESPA Rule to Simplify and Improve the Process of Obtaining Mortgages and Reduce Consumer
Settlement Costs includes the provision for average charges, allowing settlement service providers to
establish an average recording fee. Divide the average charge between the buyer and seller as per
contract or local custom. The average charge is applied regardless of the number of documents
recorded in the transaction, the number of pages in each document or the actual recording charges. If
your transaction is not a residential loan or sale with a new loan, please contact your title provider for
actual recording charges.
END OF NOTES
END OF SCHEDULE B
FIDELITY NATIONAL TITLE INSURANCE COMPANY COMMITMENT NO. 611037950
Copyright American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA Commitment (Adopted: 06.17.2006) Printed: 08.31.12 @ 02:09PMWA-FT-FTMA-01530.624903-SPS-1-12-611037950
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 orinterest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledgeto the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to theextent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to theCompany, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, theCompany at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liabilitypreviously 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 ofInsured 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 complywith the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgagethereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committedfor and such liability is subject to the insuring provisions and Conditions and the Exclusions from Coverage of the form of policy or policiescommitted for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except asexpressly 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. Anyaction 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 tothe 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 thisCommitment.
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 bearbitrated 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 rulesat http://www.alta.org.
END OF CONDITIONS
EXHIBIT A
Order No.: 611037950
For APN/Parcel ID(s): 072401-3-002-2002, 122401-4-012-1003 and 122401-4-013-1002
Parcel I:
Resultant parcels B and C of Boundary Line Adjustment recorded under Auditor's File No. 3072048, beinga portion of the Northwest quarter of the Southeast quarter , Section 12, Township 24 North, Range 1West, and a portion of the Northwest quarter of the Southwest quarter , Section 7, Township 24 North,Range 1 East, W.M., in Kitsap County, Washington;
Parcel II:
Lot 1, Page 1 of Lot Segregation Request recorded under Auditor's File No. 9605240200, being a portionof the Northeast quarter of the Southwest quarter , Section 7, Township 24 North, Range 1 East, W.M., inKitsap County, Washington;
RECORDING REQUIREMENTS
Recording Requirements Printed: 08.31.12 @ 02:09PM by JFWA00000837.doc / Updated: 05.14.10 Page 1 of 1 ----611037950
Effective January 1, 1997, document format and content requirements have been imposed by Washington Law. Failure to comply with the following requirements may result in rejection of the document by the county recorder orimposition of a $50.00 surcharge.
First page or cover sheet:
3” top margin containing nothing except the return address.
1” side and bottom margins containing no markings or seals.
Title(s) of documents.
Recording no. of any assigned, released or referenced document(s).
Grantors names (and page no. where additional names can be found).
Grantees names (and page no. where additional names can be found).
Abbreviated legal description (Lot, Block, Plat Name or Section, Township, Range and Quarter, Quarter Sectionfor unplatted). Said abbreviated legal description is not a substitute for a complete legal description which mustalso appear in the body of the document.
Assessor’s tax parcel number(s).
Return address (in top 3” margin).
**A cover sheet can be attached containing the above format and data if the first page does not contain allrequired data.
Additional Pages:
1” top, side and bottom margins containing no markings or seals.
All Pages:
No stapled or taped attachments. Each attachment must be a separate page. All notary and other pressure sealsmust be smudged for visibility. Font size of 8 points or larger.
Privacy Statement Printed: 08.31.12 @ 02:09PM by JFSSCORPD0911.doc / Updated: 11.03.09 Page 1 of 2 ----611037950
PRIVACY STATEMENT
Effective Date: May 1, 2008
Order No.: 611037950-
Fidelity National Financial, Inc. and its subsidiaries ("FNF") respect the privacy and security of your non-publicpersonal information ("Personal Information") and protecting your Personal Information is one of our top priorities.This Privacy Statement explains FNF's privacy practices, including how we use the Personal Information wereceive from you and from other specified sources, and to whom it may be disclosed. FNF follows the privacypractices described in this Privacy Statement and, depending on the business performed, FNF companies mayshare information as described herein.
PERSONAL INFORMATION COLLECTED
We may collect Personal Information about you from the following sources:
Information we receive from you on applications or other forms, such as your name, address, social securitynumber, tax identification number, asset information, and income information;
Information we receive from you through our Internet websites, such as your name, address, email address,Internet Protocol address, the website links you used to get to our websites, and your activity while using orreviewing our websites;
Information about your transactions with or services performed by us, our affiliates, or others, such asinformation concerning your policy, premiums, payment history, information about your home or other realproperty, information from lenders and other third parties involved in such transaction, account balances, andcredit card information; and
Information we receive from consumer or other reporting agencies and publicly recorded documents.
DISCLOSURE OF PERSONAL INFORMATION
We may provide your Personal Information (excluding information we receive from consumer or other creditreporting agencies) to various individuals and companies, as permitted by law, without obtaining your priorauthorization. Such laws do not allow consumers to restrict these disclosures. Disclosures may include, withoutlimitation, the following:
To insurance agents, brokers, representatives, support organizations, or others to provide you with servicesyou have requested, and to enable us to detect or prevent criminal activity, fraud, material misrepresentation,or nondisclosure in connection with an insurance transaction;
To third-party contractors or service providers for the purpose of determining your eligibility for an insurancebenefit or payment and/or providing you with services you have requested;
To an insurance regulatory authority, or a law enforcement or other governmental authority, in a civil action, inconnection with a subpoena or a governmental investigation;
To companies that perform marketing services on our behalf or to other financial institutions with which wehave joint marketing agreements and/or
To lenders, lien holders, judgment creditors, or other parties claiming an encumbrance or an interest in titlewhose claim or interest must be determined, settled, paid or released prior to a title or escrow closing.
Privacy Statement Printed: 08.31.12 @ 02:09PM by JFSSCORPD0911.doc / Updated: 11.03.09 Page 2 of 2 ----611037950
PRIVACY STATEMENTEffective Date: May 1, 2008
(continued)
We may also disclose your Personal Information to others when we believe, in good faith, that such disclosure isreasonably necessary to comply with the law or to protect the safety of our customers, employees, or propertyand/or to comply with a judicial proceeding, court order or legal process.
Disclosure to Affiliated Companies:We are permitted by law to share your name, address and facts about your transaction with other FNFcompanies, such as insurance companies, agents, and other real estate service providers to provide you withservices you have requested, for marketing or product development research, or to market products orservices to you. We do not, however, disclose information we collect from consumer or credit reportingagencies with our affiliates or others without your consent, in conformity with applicable law, unless suchdisclosure is otherwise permitted by law.
Disclosure to Nonaffiliated Third Parties:We do not disclose Personal Information about our customers or former customers to nonaffiliated thirdparties, except as outlined herein or as otherwise permitted by law.
CONFIDENTIALITY AND SECURITY OF PERSONAL INFORMATION
We restrict access to Personal Information about you to those employees who need to know that information toprovide products or services to you. We maintain physical, electronic, and procedural safeguards that comply withfederal regulations to guard Personal Information.
ACCESS TO PERSONAL INFORMATION / REQUESTS FOR CORRECTION, AMENDMENT, OR DELETION
OF PERSONAL INFORMATION
As required by applicable law, we will afford you the right to access your Personal Information, under certaincircumstances to find out to whom your Personal Information has been disclosed, and request correction ordeletion of your Personal Information. However, FNF's current policy is to maintain customers' PersonalInformation for no less than your state's required record retention requirements for the purpose of handling futurecoverage claims.
For your protection, all requests made under this section must be in writing and must include your notarizedsignature to establish your identity. Where permitted by law, we may charge a reasonable fee to cover the costsincurred in responding to such requests. Please send requests to:
Chief Privacy OfficerFidelity National Financial, Inc.601 Riverside AvenueJacksonville, FL 32204
CHANGES TO THIS PRIVACY STATEMENT
This Privacy Statement may be amended from time to time consistent with applicable privacy laws. When weamend this Privacy Statement, we will post a notice of such changes on our website. The effective date of thisPrivacy Statement, as stated above, indicates the last time this Privacy Statement was revised or materiallychanged.
9619 Levin Rd NWSilverdale, WA 98383
Phone: (360)692-4556 / Fax: (360)698-2356
Prelim/Commitment Product Enclosure Letter - Title Printed: 10.03.12 @ 08:16AM by JFSSCORPD0270.doc / Updated: 08.26.10 Page 1 of 1 WA-FT-FTMA-01530.624905-611037950
Fidelity National Title Insurance CompanyP.O. Box 45023Jacksonville, FL 32232
Date: October 3, 2012Order No.: 611037950-DSBorrower: The Mountaineers FoundationSeller: Ueland Tree Farm
To Whom It May Concern:
We have enclosed one (1) copy(ies) of the following:
ALTA Commitment 2006 No.: 611037950, dated October 2, 2012, for property(ies):
APN/Parcel ID(s) 072401-3-002-2002, 122401-4-012-1003 and 122401-4-013-1002
Please call us immediately if you have any questions or concerns.
Sincerely,
Dick SoderstromSenior Title [email protected]
jf
ALTA COMMITMENT FOR TITLE INSURANCE
Commitment Number:Issued By:
611037950Amendment: 1
Copyright American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA Commitment (Adopted: 06.17.2006) Printed: 10.03.12 @ 08:15AMWA-FT-FTMA-01530.624903-SPS-1-12-611037950
FIDELITY NATIONAL 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 six (6) months after the Effective Date or when
the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or
policies is not the fault of the Company.
The Company will provide a sample of the policy form upon request.
This Commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory.
IN WITNESS WHEREOF, FIDELITY NATIONAL 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.
Fidelity National Title Insurance Company
By:
Countersigned By:
Authorized Officer or Agent
President
Attest:
Secretary
FIDELITY NATIONAL TITLE INSURANCE COMPANY
COMMITMENT NO. 611037950
AMENDMENT: 1
ISSUING OFFICE: FOR SETTLEMENT INQUIRIES, CONTACT:
Title Officer: Dick SoderstromFidelity National Title Company
9619 Levin Rd NWSilverdale, WA 98383
Phone: (360)337-4002 Fax: (360)698-7509Main Phone: (360)692-4556
Email: [email protected]
Escrow Officer: Laurie LeMayFidelity National Title Company
9619 Levin Rd NWSilverdale, WA 98383
Phone: (360)337-4010 Fax: (360)698-2356Main Phone: (360)692-4556Email: [email protected]
SCHEDULE A
Copyright American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA Commitment (Adopted: 06.17.2006) Printed: 10.03.12 @ 08:16AMWA-FT-FTMA-01530.624903-SPS-1-12-611037950
ORDER NO. 611037950
1. Effective Date: October 2, 2012 at 08:00AM
2. Policy or (Policies) to be issued:
a. ALTA Owner's Policy 2006Proposed Insured: The Mountaineers FoundationPolicy Amount: $270,000.00Premium: $ 1,029.00Tax: $ 88.49Total: $ 1,117.49
3. The estate or interest in the land described or referred to in this Commitment is:
Fee Simple
4. Title to the Fee Simple estate or interest in land is at the Effective Date vested in:
Ueland Tree Farm LLC, a Washington limited liability company
5. The land referred to in this Commitment is described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
END OF SCHEDULE A
EXHIBIT "A"Legal Description
Copyright American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA Commitment (Adopted: 06.17.2006) Printed: 10.03.12 @ 08:16AMWA-FT-FTMA-01530.624903-SPS-1-12-611037950
For APN/Parcel ID(s): 072401-3-002-2002, 122401-4-012-1003 and 122401-4-013-1002
Parcel I:
Resultant parcels B and C of Boundary Line Adjustment recorded under Auditor's File No. 3072048, beinga portion of the Northwest quarter of the Southeast quarter , Section 12, Township 24 North, Range 1West, and a portion of the Northwest quarter of the Southwest quarter , Section 7, Township 24 North,Range 1 East, W.M., in Kitsap County, Washington;
Parcel II:
Lot 1, Page 1 of Lot Segregation Request recorded under Auditor's File No. 9605240200, being a portionof the Northeast quarter of the Southwest quarter , Section 7, Township 24 North, Range 1 East, W.M., inKitsap County, Washington;
FIDELITY NATIONAL TITLE INSURANCE COMPANY
COMMITMENT NO. 611037950
AMENDMENT: 1
SCHEDULE B
Copyright American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA Commitment (Adopted: 06.17.2006) Printed: 10.03.12 @ 08:16AMWA-FT-FTMA-01530.624903-SPS-1-12-611037950
Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same aredisposed of to the satisfaction of the Company:
GENERAL EXCEPTIONS
A. Rights or claims of parties in possession, or claiming possession, not shown by the Public Records.
B. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would bedisclosed by an accurate and complete land survey of the Land.
C. Easements, prescriptive rights, rights-of-way, liens or encumbrances, or claims thereof, not shown by thePublic Records.
D. Any lien, or right to a lien, for contributions to employee benefit funds, or for state workers' compensation, orfor services, labor, or material heretofore or hereafter furnished, all as imposed by law, and not shown by thePublic Records.
E. Taxes or special assessments which are not yet payable or which are not shown as existing liens by the PublicRecords.
F. Any lien for service, installation, connection, maintenance, tap, capacity, or construction or similar charges forsewer, water, electricity, natural gas or other utilities, or for garbage collection and disposal not shown by thePublic Records.
G. Unpatented mining claims, and all rights relating thereto.
H. Reservations and exceptions in United States Patents or in Acts authorizing the issuance thereof.
I. Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes.
J. Water rights, claims or title to water.
K. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the PublicRecords, or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquiresof record for value the estate or interest or mortgage thereon covered by this Commitment.
SPECIAL EXCEPTIONS
FIDELITY NATIONAL TITLE INSURANCE COMPANY
COMMITMENT NO. 611037950
AMENDMENT: 1
SCHEDULE B(continued)
Copyright American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA Commitment (Adopted: 06.17.2006) Printed: 10.03.12 @ 08:16AMWA-FT-FTMA-01530.624903-SPS-1-12-611037950
1. Payment of the real estate excise tax, if required.
The Land is situated within the boundaries of the local taxing authority.
Present rate of real estate excise tax as of the date herein is 1.78%.
Any conveyance document must be accompanied by the official Washington State Excise Tax Affidavit. Theapplicable excise tax must be paid and the affidavit approved at the time of the recording of the conveyancedocuments.
2. General and special taxes and charges, payable February 15, delinquent if first half unpaid on May 1, second halfdelinquent if unpaid on November 1 of the tax year (amounts do not include interest and penalties):
Year: 2012 Tax Account No.: 122401-4-012-1003Levy Code: 6029 Assessed Value-Land: $2740.00Assessed Value-Improvements: $0.00
General and Special Taxes: Billed: $48.38Paid: $48.38Unpaid: $0.00
The Land is designated on the tax rolls as forest land and the land value reduced pursuant to RCW 84.33. Thetimber located thereon is not taxed as real property but will be subject to collection of a tax upon harvestingthereof. In the event that said Land is removed from its present designation of forest land, an assessment of acompensating tax for prior years may apply.
3. General and special taxes and charges, payable February 15, delinquent if first half unpaid on May 1, second halfdelinquent if unpaid on November 1 of the tax year (amounts do not include interest and penalties):
Year: 2012 Tax Account No.: 122401-4-013-1002Levy Code: 6029 Assessed Value-Land: $3940.00Assessed Value-Improvements: $0.00
General and Special Taxes: Billed: $61.70Paid: $61.70Unpaid: $0.00
The Land is designated on the tax rolls as forest land and the land value reduced pursuant to RCW 84.33. Thetimber located thereon is not taxed as real property but will be subject to collection of a tax upon harvestingthereof. In the event that said Land is removed from its present designation of forest land, an assessment of acompensating tax for prior years may apply.
FIDELITY NATIONAL TITLE INSURANCE COMPANY
COMMITMENT NO. 611037950
AMENDMENT: 1
SCHEDULE B(continued)
Copyright American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA Commitment (Adopted: 06.17.2006) Printed: 10.03.12 @ 08:16AMWA-FT-FTMA-01530.624903-SPS-1-12-611037950
4. General and special taxes and charges, payable February 15, delinquent if first half unpaid on May 1, second halfdelinquent if unpaid on November 1 of the tax year (amounts do not include interest and penalties):
Year: 2012 Tax Account No.: 072401-3-002-2002Levy Code: 6029 Assessed Value-Land: $2580.00Assessed Value-Improvements: $0.00
General and Special Taxes: Billed: $46.60Paid: $46.60Unpaid: $0.00
The Land is designated on the tax rolls as forest land and the land value reduced pursuant to RCW 84.33. Thetimber located thereon is not taxed as real property but will be subject to collection of a tax upon harvestingthereof. In the event that said Land is removed from its present designation of forest land, an assessment of acompensating tax for prior years may apply.
5. The terms and provisions contained in document entitle "Notice" recorded December 12, 1969 under RecordingNo. 966132.
6. Covenants, conditions, restrictions, recitals, reservations, easements, easement provisions, dedications, buildingsetback lines, notes and statements, if any, but omitting any covenants or restrictions, if any, including but notlimited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability,handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except tothe extent that said covenant or restriction is permitted by applicable law, as set forth on Owner's Request andAcknowledgement for 20 Acre Land Segregation:
Recording No: 9605240200
7. Covenants, conditions, restrictions, recitals, reservations, easements, easement provisions, dedications, buildingsetback lines, notes and statements, if any, but omitting any covenants or restrictions, if any, including but notlimited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability,handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except tothe extent that said covenant or restriction is permitted by applicable law, as set forth on Boundary LineAdjustment :
Recording No: 3072048
8. Notice of Moratorium on Non-Forestry Use of Land
Recording Date: June 3, 2002Recording No.: 200206030313
FIDELITY NATIONAL TITLE INSURANCE COMPANY
COMMITMENT NO. 611037950
AMENDMENT: 1
SCHEDULE B(continued)
Copyright American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA Commitment (Adopted: 06.17.2006) Printed: 10.03.12 @ 08:16AMWA-FT-FTMA-01530.624903-SPS-1-12-611037950
9. Easement Exchange Agreement (Access and Utilities)
Recording Date: March 3, 2004Recording No.: 200403030394
10. Notice of Continuing Forest Land Obligation
Recording Date: April 15, 2004Recording No.: 200404150506
11. Easement Agreement
Recording Date: May 24, 2004Recording No.: 200405240139
12. Notice of Continuance Land Classified as Current Use or Forest Land
Recording Date: June 8, 2004Recording No.: 200406080036
13. Easement Agreement (Infiltration)
Recording Date: February 6, 2008Recording No.: 200802060071
said instrument is a re-record of Recording No. 200403030393.
14. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document:
Purpose: Conservation EasementRecording Date: December 21, 2009Recording No.: 200912210263
15. Memorandum of Option Agreement
Recording Date: January 14, 2010Recording No.: 201001140008
16. Lack of a recorded easement providing access to the lands herein described from any public road.
17. Lack of a recorded means of ingress and egress to a public road from the land.
FIDELITY NATIONAL TITLE INSURANCE COMPANY
COMMITMENT NO. 611037950
AMENDMENT: 1
SCHEDULE B(continued)
Copyright American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA Commitment (Adopted: 06.17.2006) Printed: 10.03.12 @ 08:16AMWA-FT-FTMA-01530.624903-SPS-1-12-611037950
18. The Company will require the following documents for review prior to the issuance of any title assurancepredicated upon a conveyance or encumbrance by the corporation named below.
Name of Corporation: The Mountaineers Foundation
a. A Copy of the corporation By-laws and Articles of Incorporation.
b. An original or certified copy of a resolution authorizing the transaction contemplated herein.
c. If the Articles and/or By-laws require approval by a ‘parent’ organization, a copy of the Articles and By-laws of the parent.
The Company reserves the right to add additional items or make further requirements after review of therequested documentation.
19. The Company will require the following documents for review prior to the issuance of any title assurancepredicated upon a conveyance or encumbrance from the entity named below.
Limited Liability Company: Ueland Tree Farm, LLC
a. A copy of its operating agreement, if any, and any and all amendments, supplements and/or modifications thereto, certified by the appropriate manager or member.
b. If a domestic Limited Liability Company, a copy of its Articles of Organization and all amendment thereto with the appropriate filing stamps.
c. If the Limited Liability Company is member-managed a full and complete current list of members certified by the appropriate manager or member.
d. If the Limited Liability Company was formed in a foreign jurisdiction, evidence, satisfactory to the Company that it was validly formed, is in good standing and authorized to do business in the state of origin.
e. If less than all members, or managers, as appropriate, will be executing the closing documents, furnish evidence of the authority of those signing.
The Company reserves the right to add additional items or make further requirements after review of therequested documentation.
END OF EXCEPTIONS
NOTES
The following matters will not be listed as Special Exceptions in Schedule B of the policy. There will be no coverage forloss arising by reason of the matters listed below because these matters are either excepted or excluded from coverage orare not matters covered under the insuring provisions of the policy.
FIDELITY NATIONAL TITLE INSURANCE COMPANY
COMMITMENT NO. 611037950
AMENDMENT: 1
SCHEDULE B(continued)
Copyright American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA Commitment (Adopted: 06.17.2006) Printed: 10.03.12 @ 08:16AMWA-FT-FTMA-01530.624903-SPS-1-12-611037950
Note A: Note: There are NO conveyances affecting said Land recorded within 24 months of the date of thisreport.
Note B: Note: Any documents being executed in conjunction with this transaction must be signed in the
presence of an authorized Company employee, an authorized employee of an agent, an authorized
employee of the insured lender, or by using Bancserv or other approved third-party service. If the above
requirement cannot be met, please call the Company at the number provided in this report.
Note C: Note: FOR INFORMATIONAL PURPOSES ONLY:
The following may be used as an abbreviated legal description on the documents to be recorded, perAmended RCW 65.04.045. Said abbreviated legal description is not a substitute for a complete legaldescription within the body of the document:
Portion of the Northwest quarter of the Southeast quarter , Section 12, Township 24 North, Range 1West and portion of the Northeast quarter of the Southwest quarter , Section 7, Township 24 North,Range 1 East, W.M.Tax Account No.: 072401-3-002-2002, 122401-4-012-1003 and 122401-4-013-1002
Note D: Note: Notwithstanding anything to the contrary in this Commitment, if the policy to be issued is other
than an ALTA Owner’s Policy (6/17/06), or ALTA Loan Policy (6/17/06), the policy may not contain an
arbitration clause, or the terms of the arbitration clause may be different from those set forth in this
Commitment. If the policy does contain an arbitration clause and the Amount of Insurance is less than
the amount, if any, set forth in the arbitration clause, all arbitral matters shall be arbitrated at the option
of either the Company or the Insured as the exclusive remedy of the parties.
Note E: Note: Examination of the Public Records discloses no judgments or other matters pending against the
name(s) of the proposed insured.
Note F: Note: Your application for title insurance was placed by reference to only a street address or taxidentification number. Based on our records, we believe that the legal description in this report coversthe parcel(s) of Land that you requested. If the legal description is incorrect, the seller/borrower mustnotify the Company and/or the settlement company in order to prevent errors and to be certain that thecorrect parcel(s) of Land will appear on any documents to be recorded in connection with thistransaction and on the policy of title insurance.
Note G: Note: Kitsap County's Auditor, Treasurer and Assessor implemented a four day work week May 8,
2009, and are closed every Friday. There are no recordings on Fridays.
FIDELITY NATIONAL TITLE INSURANCE COMPANY
COMMITMENT NO. 611037950
AMENDMENT: 1
SCHEDULE B(continued)
Copyright American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA Commitment (Adopted: 06.17.2006) Printed: 10.03.12 @ 08:16AMWA-FT-FTMA-01530.624903-SPS-1-12-611037950
Note H: Note: Effective September 1, 2012, Fidelity National Title Company offices in Pierce, King, Kitsap and
Snohomish Counties have a flat recording fee for residential sale and refinance transactions that involve
an escrow.
Residential Sale Recording fee: $167.00
Residential Refinance Recording Fee: $111.00
For Snohomish County, there is an additional $4.00 per document electronic recording processing fee.
RECORDING CHARGES ARE SUBJECT TO CHANGE WITHOUT NOTICE.
The RESPA Rule to Simplify and Improve the Process of Obtaining Mortgages and Reduce Consumer
Settlement Costs includes the provision for average charges, allowing settlement service providers to
establish an average recording fee. Divide the average charge between the buyer and seller as per
contract or local custom. The average charge is applied regardless of the number of documents
recorded in the transaction, the number of pages in each document or the actual recording charges. If
your transaction is not a residential loan or sale with a new loan, please contact your title provider for
actual recording charges.
END OF NOTES
END OF SCHEDULE B
FIDELITY NATIONAL TITLE INSURANCE COMPANY
COMMITMENT NO. 611037950
AMENDMENT: 1
Copyright American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA Commitment (Adopted: 06.17.2006) Printed: 10.03.12 @ 08:16AMWA-FT-FTMA-01530.624903-SPS-1-12-611037950
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 orinterest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledgeto the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to theextent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to theCompany, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, theCompany at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liabilitypreviously 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 ofInsured 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 complywith the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgagethereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committedfor and such liability is subject to the insuring provisions and Conditions and the Exclusions from Coverage of the form of policy or policiescommitted for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except asexpressly 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. Anyaction 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 tothe 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 thisCommitment.
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 bearbitrated 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 rulesat http://www.alta.org.
END OF CONDITIONS
EXHIBIT A
Order No.: 611037950
For APN/Parcel ID(s): 072401-3-002-2002, 122401-4-012-1003 and 122401-4-013-1002
Parcel I:
Resultant parcels B and C of Boundary Line Adjustment recorded under Auditor's File No. 3072048, beinga portion of the Northwest quarter of the Southeast quarter , Section 12, Township 24 North, Range 1West, and a portion of the Northwest quarter of the Southwest quarter , Section 7, Township 24 North,Range 1 East, W.M., in Kitsap County, Washington;
Parcel II:
Lot 1, Page 1 of Lot Segregation Request recorded under Auditor's File No. 9605240200, being a portionof the Northeast quarter of the Southwest quarter , Section 7, Township 24 North, Range 1 East, W.M., inKitsap County, Washington;
RECORDING REQUIREMENTS
Recording Requirements Printed: 10.03.12 @ 08:16AM by JFWA00000837.doc / Updated: 05.14.10 Page 1 of 1 WA-FT-FTMA-01530.624905-611037950
Effective January 1, 1997, document format and content requirements have been imposed by Washington Law. Failure to comply with the following requirements may result in rejection of the document by the county recorder orimposition of a $50.00 surcharge.
First page or cover sheet:
3” top margin containing nothing except the return address.
1” side and bottom margins containing no markings or seals.
Title(s) of documents.
Recording no. of any assigned, released or referenced document(s).
Grantors names (and page no. where additional names can be found).
Grantees names (and page no. where additional names can be found).
Abbreviated legal description (Lot, Block, Plat Name or Section, Township, Range and Quarter, Quarter Sectionfor unplatted). Said abbreviated legal description is not a substitute for a complete legal description which mustalso appear in the body of the document.
Assessor’s tax parcel number(s).
Return address (in top 3” margin).
**A cover sheet can be attached containing the above format and data if the first page does not contain allrequired data.
Additional Pages:
1” top, side and bottom margins containing no markings or seals.
All Pages:
No stapled or taped attachments. Each attachment must be a separate page. All notary and other pressure sealsmust be smudged for visibility. Font size of 8 points or larger.
Privacy Statement Printed: 10.03.12 @ 08:16AM by JFSSCORPD0911.doc / Updated: 11.03.09 Page 1 of 2 WA-FT-FTMA-01530.624905-611037950
PRIVACY STATEMENT
Effective Date: May 1, 2008
Order No.: 611037950--LL
Fidelity National Financial, Inc. and its subsidiaries ("FNF") respect the privacy and security of your non-publicpersonal information ("Personal Information") and protecting your Personal Information is one of our top priorities.This Privacy Statement explains FNF's privacy practices, including how we use the Personal Information wereceive from you and from other specified sources, and to whom it may be disclosed. FNF follows the privacypractices described in this Privacy Statement and, depending on the business performed, FNF companies mayshare information as described herein.
PERSONAL INFORMATION COLLECTED
We may collect Personal Information about you from the following sources:
Information we receive from you on applications or other forms, such as your name, address, social securitynumber, tax identification number, asset information, and income information;
Information we receive from you through our Internet websites, such as your name, address, email address,Internet Protocol address, the website links you used to get to our websites, and your activity while using orreviewing our websites;
Information about your transactions with or services performed by us, our affiliates, or others, such asinformation concerning your policy, premiums, payment history, information about your home or other realproperty, information from lenders and other third parties involved in such transaction, account balances, andcredit card information; and
Information we receive from consumer or other reporting agencies and publicly recorded documents.
DISCLOSURE OF PERSONAL INFORMATION
We may provide your Personal Information (excluding information we receive from consumer or other creditreporting agencies) to various individuals and companies, as permitted by law, without obtaining your priorauthorization. Such laws do not allow consumers to restrict these disclosures. Disclosures may include, withoutlimitation, the following:
To insurance agents, brokers, representatives, support organizations, or others to provide you with servicesyou have requested, and to enable us to detect or prevent criminal activity, fraud, material misrepresentation,or nondisclosure in connection with an insurance transaction;
To third-party contractors or service providers for the purpose of determining your eligibility for an insurancebenefit or payment and/or providing you with services you have requested;
To an insurance regulatory authority, or a law enforcement or other governmental authority, in a civil action, inconnection with a subpoena or a governmental investigation;
To companies that perform marketing services on our behalf or to other financial institutions with which wehave joint marketing agreements and/or
To lenders, lien holders, judgment creditors, or other parties claiming an encumbrance or an interest in titlewhose claim or interest must be determined, settled, paid or released prior to a title or escrow closing.
Privacy Statement Printed: 10.03.12 @ 08:16AM by JFSSCORPD0911.doc / Updated: 11.03.09 Page 2 of 2 WA-FT-FTMA-01530.624905-611037950
PRIVACY STATEMENTEffective Date: May 1, 2008
(continued)
We may also disclose your Personal Information to others when we believe, in good faith, that such disclosure isreasonably necessary to comply with the law or to protect the safety of our customers, employees, or propertyand/or to comply with a judicial proceeding, court order or legal process.
Disclosure to Affiliated Companies:We are permitted by law to share your name, address and facts about your transaction with other FNFcompanies, such as insurance companies, agents, and other real estate service providers to provide you withservices you have requested, for marketing or product development research, or to market products orservices to you. We do not, however, disclose information we collect from consumer or credit reportingagencies with our affiliates or others without your consent, in conformity with applicable law, unless suchdisclosure is otherwise permitted by law.
Disclosure to Nonaffiliated Third Parties:We do not disclose Personal Information about our customers or former customers to nonaffiliated thirdparties, except as outlined herein or as otherwise permitted by law.
CONFIDENTIALITY AND SECURITY OF PERSONAL INFORMATION
We restrict access to Personal Information about you to those employees who need to know that information toprovide products or services to you. We maintain physical, electronic, and procedural safeguards that comply withfederal regulations to guard Personal Information.
ACCESS TO PERSONAL INFORMATION / REQUESTS FOR CORRECTION, AMENDMENT, OR DELETION
OF PERSONAL INFORMATION
As required by applicable law, we will afford you the right to access your Personal Information, under certaincircumstances to find out to whom your Personal Information has been disclosed, and request correction ordeletion of your Personal Information. However, FNF's current policy is to maintain customers' PersonalInformation for no less than your state's required record retention requirements for the purpose of handling futurecoverage claims.
For your protection, all requests made under this section must be in writing and must include your notarizedsignature to establish your identity. Where permitted by law, we may charge a reasonable fee to cover the costsincurred in responding to such requests. Please send requests to:
Chief Privacy OfficerFidelity National Financial, Inc.601 Riverside AvenueJacksonville, FL 32204
CHANGES TO THIS PRIVACY STATEMENT
This Privacy Statement may be amended from time to time consistent with applicable privacy laws. When weamend this Privacy Statement, we will post a notice of such changes on our website. The effective date of thisPrivacy Statement, as stated above, indicates the last time this Privacy Statement was revised or materiallychanged.