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Issuing Office File No. 265429AM <br />56. Pendency of Kittitas County Superior Court Cause No. 18145, STATE OF WASHINGTON, DEPARTMENT OF <br />ECOLOGY, plaintiff vs. ART CARLSON, et at defendant, being an action for determination of water rights of the <br />Wilson Creek - Naneum Creek drainage basin. <br />Said action contains an Order Pendente Lite enjoining property owners from using or diverting the waters of Wilson <br />Creek and Naneum Creek upstream from the point where Highline Canal crosses said streams. <br />57. Pendency of Yakima County Superior Court Cause No. 77-2-01484-5, State of Washington, Department of Ecology, <br />Plaintiff, vs. James J. Acquavella, et al, Defendants; notice of which is given by Lis Pendens recorded on October 14, <br />1977, in Volume 90, page 589, under Kittitas County recording number 417302, and supplemental notice of Lis <br />Pendens recorded June 4, 1980, in Volume 131, page 63, under Auditor's File No. 442263; being an action for the <br />determination of the rights to divert, withdraw, or otherwise make use of the surface waters of the Yakima River <br />Drainage Basin, in accordance with the provisions of Chapters 90.03 and 90.44 Revised Code of Washington. <br />(Attorney for Plaintiff: Charles B. Roe, Jr., Senior Assistant Attorney General) <br />NOTE: The policy/policies to be issued include(s) as one of the printed exceptions to coverage: "Water rights, claims <br />or title to water" as set forth as Paragraph 6C, or 5C if Homeowner's Policy, in the general exceptions which are <br />printed on Schedule B herein. The pending action involves such water rights and therefore, will not be set forth as a <br />separate exception in said policy/policies <br />58. Easement "F", being 60 feet in width, as delineated on that certain survey recorded December 23, 1992 in Book 19 of <br />Surveys, pages 27 and 28, under Auditor's File No. 555639. <br />59. Declaration and Covenants, conditions, restrictions, easements and reservations, but omitting any covenant or <br />restriction based on race, color, religion, sex, sexual orientation, disability, handicap, familial status, marital status, <br />ancestry, national origin or source of income, as set forth in applicable state or federal laws, except to the extent that <br />said covenant or restriction is permitted by applicable law. <br />Recorded: June 30, 1993 <br />Instrument No.: 560831 <br />Modification(s) of said covenants, conditions and restrictions <br />Recorded: February 1, 1999 <br />Instrument No: 199902010041 <br />60. Reservation of Oil, gas, minerals, or other hydrocarbons, including the terms and provisions contained therein, in deed <br />from Mark J. McWhorter. <br />Recorded: January 12, 1995 <br />Instrument No.: 578439 and 200112120010 <br />Volume 362, page 671 <br />The Company makes no representation as to the present ownership of any such interests. There may be leases, grants, <br />exceptions or reservations of interests that are not listed. <br />72C1651347 Page 20 Schedule 6 II — ALTA Commitment For Title Insurance -08-01-2016 w -WA Mod <br />The use of this Form (or any derivative theme Is restricted to ALTA licensees and ALTA members In good standing as of the data of use. All other uses are prohibited. <br />Reprinted under license from the American Land Title Association. ®2006-2016. American Land Title Association. All rights reserved. ., <br />