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21.At the request of the insured,we have agreed to eliminate any reference in the policy to issue as
<br />to the pendency of Yakima County Superior Court Cause No.77-2-01484-5 on the agreed-upon
<br />understanding that there are no provisions in said policy which afford,or are intended to afford,
<br />insurance that there is a present or continuing right to use surface waters of the Yakima River
<br />Drainage Basin.The sole purpose of said paragraph appearing in our Guarantee was to advise
<br />the insured that such an action is pending of record and that judgment adjudicating such surface
<br />waters are being sought in accordance with the statutes of the State.
<br />22. An easement including the terms and provisions thereof for the purpose shown below and rights
<br />incidental thereto as set forth in instrument:
<br />Granted To:State of Washington,acting by and through the Department of Natural Resources
<br />Purpose: A road or roads
<br />Recorded:March 26,1980
<br />Instrument No.:440677
<br />Book 128, Page 392
<br />Affects:A strip of land 60 feet in width upon,over and along a portion of said premises in
<br />Sections 14 and 15,Township 20 North,Range 14 East,W.M. and other land
<br />23.Exceptions and Reservations as contained in Instrument
<br />From: Plum Creek Timber Company,L.P.,a Delaware Limited Partnership
<br />To:Jeld-Wen,Inc.,an Oregon corporation
<br />Auditor's File No.:199610110015,as follows:
<br />"Excepting therefrom all oil,gas and other hydrocarbons,together with the rights of ingress and
<br />egress as reserved in that certain Deed to Plum Creek Timber Company,L.P.,from PCTC,Inc.
<br />executed on June 21,1989 and recorded June 30,1989 in the records of Kittitas County,
<br />Washington under Auditor's File No.521473,as such reservation was modified by the certain
<br />Partial Waiver of Surface Use Rights dated February 13,1996 and recorded April 8,1996,in the
<br />records of Kittitas County,Washington,underAuditor's File No.199604080028."
<br />24. Rights of the State of Washington in and to that portion of said premises,if any, lying in the bed
<br />or former bed of the Cle Elum River,if it is navigable.
<br />25.Any question of location,boundary or area related to the Cle Elum River, including,but not limited
<br />to,any past or future changes in it.
<br />26.Any prohibition or limitation on the use,occupancy,or improvements of the Land resulting from
<br />the rights of the public,appropriators,or riparian owners to use any waters, which may now cover
<br />the Land or to use any portion of the Land which is now or may formerly have been covered by
<br />water.
<br />27.An easement including the terms and provisions thereof for the purpose shown below and rights
<br />incidental thereto as set forth in instrument:
<br />Granted To: Plum Creek Timber Company,L.P.,a Delaware Limited Partnership
<br />Purpose:Construction, reconstruction,use and maintenance of existing roads
<br />Recorded:October 11,1996 and April 8,1998
<br />Instrument No.:1_99610110017 and 199804080016
<br />Affects:A strip of land 60 feet in width over,upon,along and across portions of Sections 14 and
<br />15,Township 20 North,Range 14 East,W.M.and other land
<br />Said easement was further amended by Agreement recorded October 18,2004, under Auditor's
<br />File No.200410180055.
<br />Subdivision Guarantee Policy Number: 72156-46840370
<br />Index #15
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