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construction contract by and between City and Seller dated <br /> , including Amendment No. 1 thereto, but <br /> excluding Seller's express and implied warranties with respect to <br /> said construction and Improvements which are retained by and <br /> shall continue to be the obligation of Seller, and subject to the <br /> City's rights therein. The street address of the Improvements is <br /> as follows: <br /> 5920 Glenwood Avenue, Everett, WA 98203 <br /> C. All of Seller's right, title and interest in the Lease <br /> by and between City and Seller dated , a memorandum of <br /> which is recorded under Snohomish County Auditor's Reference <br /> No. , subject to the City's rights therein. <br /> D. In the event the Lease is ever deemed by a court of <br /> proper jurisdiction or otherwise to evidence a sale of the <br /> Improvements and the retention by Seller of a security interest <br /> in said Improvements, all of Seller's right, title and interest <br /> in said security interest. <br /> The Improvements, Ground Lease and Lease as assigned shall <br /> be held under the Trust Agreement for the benefit of the Under- <br /> writer or its designees from time to time. The Seller also <br /> hereby delivers the original fully-executed Ground Lease, Lease <br /> and a statutory warranty deeds to the Improvements to the <br /> Trustee. This assignment is made without recourse against the <br /> Seller for any sum due or to become due under the Lease. <br /> DATED this day of , 19 <br /> LUMPKIN, INC. , as Lessor <br /> By <br /> Title <br /> APPROVED: ORIGINAL LEASES AND DEEDS <br /> RECEIVED: <br /> SECURITY PACIFIC BANK as <br /> Underwriter WASHINGTON <br /> as Trustee <br /> C-2 D0T440 09/24/91 <br />