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<br /> THIS DEED OF TRUST("Deed of Trust')is made as of April_, 2017, by and among:
<br /> Grantor/Trustor: CEMEX CONSTRUCTION MATERIALS PACIFIC, LLC
<br /> 6300 Glenwood Ave.
<br /> Everett, WA 98203
<br /> Grantee/Trustee: CHICAGO TITLE INSURANCE COMPANY OF WASHINGTON
<br /> 10500 NE 8th Street, Suite 600,
<br /> Bellevue, Washington 98004
<br /> Grantee/Beneficiary: CITY OF EVERETT
<br /> 2930 Wetmore Avenue, Suite 10-C
<br /> Everett,WA 98201
<br /> Grantor/Trustor is also referred to herein as"Grantor"and Grantee/Beneficiary as"Beneficiary."
<br /> 1. GRANT IN TRUST AND SECURED OBLIGATIONS.
<br /> 1.1 Grant in Trust. For good and valuable consideration, the receipt and sufficiency of
<br /> which is hereby acknowledged, and for the purpose of securing the full and timely payment and performance of the
<br /> Secured Obligation defined and described in Section 1.2 for the benefit of Beneficiary, Grantor hereby irrevocably and
<br /> unconditionally grants, transfers, bargains, conveys transfers, sets over, and assigns to Trustee, in trust, for the uses
<br /> and purposes set forth herein forever, with power of sale and right of entry and possession, and grants a security
<br /> interest in, all estate, right, title and interest that Grantor now has or may later acquire in and to the following property
<br /> (all or any part of such property, or any interest in all or any part of it, as the context may require, the "Collateral'),
<br /> which Collateral is not used principally or primarily for agricultural or farming purposes:
<br /> 1.1.1 Land, Appurtenances, Easements. That certain real property and all
<br /> interests therein located in Snohomish County, Washington, more particularly described on the recording block
<br /> attached hereto and incorporated herein by this reference, together with all existing and future easements, access
<br /> rights, appurtenances, privileges, licenses, hereditaments, franchises and tenements, including all water stock and
<br /> water rights owned by Grantor(collectively,the"Land");
<br /> 1.1.2 Improvements. All buildings, structures, and improvements now located or
<br /> later to be constructed on the Land(the"Improvements");
<br /> 1.1.3 Related Real Property and Improvements. All real property and
<br /> improvements on it, and all appurtenances, permits, plans, licenses, subdivision rights, contracts, contract rights, and
<br /> other property and interests of any kind or character, including all water and sewer taps belonging to or in any way
<br /> related to or appurtenant to the Land or Improvements, whether described in the recording block or not, that may be
<br /> reasonably necessary or desirable to promote the present and any reasonable future beneficial use and enjoyment of
<br /> the Land and Improvements;
<br /> 1.1.4 Leases and Licenses. Subject to the terms of Section 5 hereof, all existing
<br /> and future leases, subleases, sub-tenancies, licenses, occupancy agreements, and concessions relating to the use
<br /> and enjoyment of all or any part of the Project (defined below), written or oral, now in existence or hereafter arising,
<br /> and extensions or renewals thereof, together with the right, power, and authority of Grantor to alter, modify or change
<br /> the terms thereof or surrender, cancel or terminate the same, and any and all deposits, guaranties and other
<br /> agreements relating to or made in connection with any of the foregoing(the"Leases");
<br /> Everett Deed of Trust—Lot 1 Page 2
<br /> ND:19652.017 4822-1832-5829v1
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