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AKHIOK-KAGUYAK, INC TR L - ANCSA 14(C) MOSER BAY - Property Cardailing Addres . =perty Address M U'C z- Ur P� t3 smite Date Built C/ 1 o D —el m co m Z ". n DD served Physiml Condition Exterior Interior Foundation ILDING TYPE AND USE 4. EXTERIOR O 6. INTERIOR (Continued) 7. Floors (Continued) — Single Concrete Block —Trim Kind FINISH — Double — Sheathing rind Grade _P A _G Wood TD X ! V —Other building Paper Concrete Floor Number Number Rooms Baths _# Stories � 4Hic Finish % — Insulation . rind — Stuao Bath living Room Z ^ \ J — Siding Kind Basement — Basement Bed Room — Frame. — Shakes 1st Floor 2nd Floor S. HEAT — Concrete Block __Log Rricktex —Log etab —Log Siding t.11 tai 1_Plywood I a ry _ts (CSntjndid) 3rd Floor Move —Oil Furnace —Coal Stoker _Hot Water at air Forced Radiant Attic 9.,PLUMBING FOUNDATION - Source —Water S —Sewer -Soore r — Concrete Thick -� yens. Block -Wood Posh —Skids —Wood Sills Grade of Floor Plan _P —A —G Ceiling Height - -- Basement —1st Floor —wed Floor _Attic - Grade of Kitchen _ P _A _G 5. ROOF 10. ELECTRICAL ! _- s —Space Heater Kind —Floor Furnace — Number of Chimneys — —Kind NUMBER OF FIREPLACES — Basement —Flat _Gable _Hip —Other Kind — Shingle _sired Grade X20 Service V TOTAL GRADE BASEMENT _Partial —s` S.F. _Full — Shakes — Composition Shingle 11. GARAGE — Cribbed Ins lotion rind .—Own Built -in —1st Floor Type_ — Concrete Tar Paper —Range Builtin 9. PLUMBING ®.. _Outside Entrance —Rec. Room Size —Metal Kind — Built -up —Both Room Finish # Tubs —w /shower Grade 12 PORCHES — Living Area Size —Hn. Wolls Kind —Other —Attic Simrway _Attic Unfinished d. INTERIOR —Hn. Floor rind _Fin. Coiling rind —u Useful °A —Number Dormers # Toilets _ # Basins _Insulation Board _Shed Type Size —# Kitchen Sinks .- FRAME Plasterboard — — Plaster — Mosonry —Gable size # Shower Stalls_ # Hot Water Tanks # Gallons —Kind —Wags 1 X nX]a/ a,e. Bracing 7. FLOORS O 13 YARD IMPROVEMENTS — I st Floor ci.c. Bridged —Roof ..,c, —Floor o.c. —Wood Paneling lywood �y sr — Ceiling O.C. — Finished Post Size C.C. # Laundry Trays — —Other — Unfinished Beam Size _o.c. —Open Stud 2nd Floor —o.c, —Total Number Fixture Other Buildings Am Floor Roof Interior Heat Plumb Unit Cost Adds 8 Deducts Repl. Cost Aga Condition Building Cost -" BUILDING VALUE CALCULATION OPERATIONS AND PROCEDURES BUILDING AREA CALCULATION _ IMm Unit Performed By Da }s Square Feat —Ground Area No. Arco or Quantity Cosl Total Inspection .I R L 1�'!al Floor or Parf Width ^angth ter^ ^ 7 ADDITIONS AND DEDUCTIONS I Total Replacement Cost Cost Cdnversion Factor Adjusted Replacement Cost DEPRECIATION a. Effective Age Depreciation ziJ b. Observed Physical Condition - c. Total Depreciation (100 - c) OBSOLESCENCE e. Overimprovement f. Underimprovement g. Other h. Net Condition (100 - (9+ 14-9) I. FINAL NET CONDITION (d x h) SUMMARY OF APPRAISED Principal Building h�s Appraisal CY-o Other Principal $ � /' TOTAL APPRAI5ED -5 oV YALUE S v Notes: 96 1k Pet 9a % M Scale t/4" _ Ft. I i A`/ . . . i i KIBS70035 ra IN �LUENCES: PLUS MINUS Depth Topography Irregular Modification View Drainage Physical Barriers Access Corner Water Sewer Sidewalk Paving MOM 0111,11. WIN Curb & Gutter Mop "Mr. Other 'NA I RN Ampli7*vyo WE mm TOTAL Net + ( —) Year of Valuation: Basic Land Value Plus or (Minus) Factors Net Price of (.and /476 - _# 7/ 795 —N. �iL' 1� Ji LS�l'7/f' 91'iI7S1 G31 � ,'_4 15-17 ' PICTURE 1.1 REASON FOR CHANGE MOM 0111,11. WIN m Mop "Mr. 'NA I RN Ampli7*vyo WE mm .. �.� ♦�. ter.. ♦I �. i.♦ .... a r ♦ , \h �l _ ` ` O Jim "flue no tl►l� �V �_� 1i6 •i r ,'_4 15-17 PLACE PICTURE HERE ,'_4 15-17 YEAR . ... tOWNER ASSESSED V VALUATION a a�wpEASVF Lantl 9 91Oq]. T Total F /nwoo ;'� j� e ___ sue.-. _ t � 5 73 so�o ssO r � x4 Z4 / 8.00182 PG 0582 LON-ED WARRANry DEED iii And Non- sscLVSxva usEMENxs 1. Grant: Grantor, KH10K=KAGDYAK.Jt: an Alaska Native village corporation organized pursuant to 43 U.S.C. 9 1607, , successor by merger to Natives of Akhiok, Inc., whose address is f • 1400 Neat Benson Blvd., Suite 350, Anchorage, Alaska 99503 f (hereinafter referred to as 'AKI'), for and in consideration of the settlement of a claim under 43 U.S.C. S 1613(c)(1) and that good and valuable consideration, grants, bargains, and conveys, with the limited warranties set out below, to DIET_ 9, husband and wife, whose mailing address is 1906 Gulfview Drive, Holiday, Florida 34691 (hereinafter referred to as "Grantees"), all ! 4 interests which it has In the surface estate of that following described real Property located: In the Kodiak Recording District, Third Judicial District, State f of Alaska, on Kodiak island, on the westerly shore of Mogen Rana approximately 2 1/2 miles northee�rlyl'�__f�rom the village of Akhiok, in FT375 -B31W Seward Mezidian: fracLLj s reflected in the Alaska Native Claims Settlement Act Section 14(c) Survey for Akhiok - Kaguyak, Incorporated, entitled 'ALASKA NATIVE CLAIMS SETTLEMENT ACT (ANCSA) SECTION 14(cl, P.L. 92 -203 (85 STAT. 688, 702, 703(, TRACTS E THROUGH 0, AKHIOK- KAGUYAK, INCORPORATED IN THE VICINITY OF AKHIOK, ALASKA,- recorded as Plat 99 -28, in the Kodiak Recording Dietrict' on December 7, 1999, comprising approximately 0.46 acres. i All the land within said tract being hereinafter described as the `Property,- Except as provided in the limited warranty section below, originally described in the draft Limited Warranty Deed dated September 30. 1997, as agreed to by all parties, this grant is L J r 7 HOME SERVEMENEPM3 MENEM MENEM:© :I— on ::: : :: :� ■ :::: C I ■ ■ ■ ■■■■■�1■■ ■ ■■ ■■■� ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■.. MEN .......■■ �■■. loon ■■■■■E1lM ■ ■ ■■ �.■.■■.. ■ ■ ■■■ ■ ■ ■■ ■ ■ ■ ■ ■ ■ ■■ ■■■■■■■■■©■■■■. :::::::: ■::C : : : : ra:: :::::C ■mo ::::mots : : i :ii ..�.�....■ ■ ■■■■■■■■F.i . .........����.. .. ..... ■i7 : : ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■���� ■r ■ ■■ ■ ■ ■■ �■■■■■ ■ ■ ■ ■ ■ ■W. 0 ■ ■■■li4 ■ ■ ■ ■■ ■ ■ ■■ ■ ■ ■ ■ ■ ■■■ ■ ■■■■Ei ■ ■■ ■ ■ ■■ � ■■ ■ ■ ■L'i 0 mum ONE �■ ■L., 0 Nor .gar on ■ ■■ ■ ■ ■ ■■ ■Woo ■i ■■ ..■. ■il 1119■ ■■■:■■■■■ ��c� � ■■ ■ ■■■■ 1{:9 .Cps 7 F a1 BK00182PC0583 subject to the considerations, limitations, and restrictions set forth in Interim Conveyance No. 135 to the Natives of Akhiok, Inc., 4 by the United States of America dated November 21, 1978, and F recorded at Book 43, pages 327 -346, records of the Kodiak Recording 1 District (hereinafter the `Interim Conveyance ") and the additional 2 limitations and restrictions net forth herein. 2. Limited Warranty: A. Except as provided in Subsection B of this paragraph, the Grantor hereby represents, warrants, and covenants to and with the Grantees and their heirs, devisees, and assigns that: is) the Grantor is lawfully seized of the surface estate in fee simple of the real Property granted under paragraph 1 and of the Property being burdened by the easements being granted in paragraphs 3 and 6 hereof; (b) Grantor has a good and lawful right and power to convey and burden the same: (q the same is free and clear of liens and encumbrances, except those listed in the Interim Conveyance, and; Id) from the moment of Interim Conveyance by the United States to Grantor or its predecessors in interest pursuant to the Alaska Native Claims Settlement Act, 43 U.S.C. 5 1601, at seq., to and including the moment at which such title is validly conveyed to the Grantees. ARI has not conveyed or encumbered said lands. B. While Grantor, as a material component of Grantee's tights under 43 U.S.C. 5 1613(e), intends by this document to transfer to Grantee a nonexclusive easement in gross for the setnet Page 2 L J a ._ zrmess. UK 00182 PC 0581, tie -down rights described in paragraph 6.C.(4) to all or such f portion of the areas described in paragraph 6.A.(6) and all of such M' portion of any area within the boundaries of Grantee's designated tit shore lease fisheries tracts, because of Grantor's uncertainty of i the title statue of such land area so described, it is agreed that each setnet tie -down NUE over which Grantor does have power to encumber, is hereby conveyed and granted without any of the warranties set forth in subsection "A" of this paragraph 2. if it is determined that Grantor does not own all or any portion of the area described in paragraph 6.A.(6), then Grantor agrees that if it should ever become the owner of any such area it will, upon written request, execute such document as may be necessary to encumber such area with the non - exclusive in gross easement for the setnet tie - down rights described in paragraph 6.C.(4). 3. water Easement: MI hereby grants to Grantees, their successors and assigns, with the warranties stated above, a ten (30) foot wide easement centered en the existing waterline which runs approximately 330 feet from the upper west boundary line to the storage dam as generally depicted on Exhibit A. The rights granted under this easement are limited to use of the easement area for water use, including a waterline and associated structures necessary for water use, collection, transportation, and storage to serve the Property and access rights to repair, maintain, or replace same. This waterline easement is intended to be an appurtenant easement gaga 3 i i L J F OKOOI82PGOSOS with the burdens and benefits running with title to the land conveyed to Grantees by this deed. Nonuse of this easement shall r not be deemed an abandonment, unless such nonuse continues for an uninterrupted period of more than four (4) years. The provisions of paragraphs 8 through 22 shall apply to the land within the water easement; however, it is understood that nothing herein is intended to either. (1) allow others to utilize Grantees' water easement improvements or 12) diminish whatever preference rights Grantees may , be entitled to from the State or other governmental entity upon ) : acquiring such water permits or rights as may be currently available to Grantees. Grantees acknowledge that MI is not warranting that it owns the water or that AKI has the power to determine, on its own, who is entitled to use the water. 4. Covenants: Grantees, for themselves, their successors, and assigns, hereby expressly covenant that: A. For a period of thirty-nine p9) years from the date of this deed, the property shall not be used: (1) For commercial guiding or outfitting. 121 For commercial sport fishing operations. 13) For commercial trapping_ (4) For commercial lodging or tourism. 15) For commercial canning operations. Page 4 L J F BK00I62PG0586 j B. For a period of thirty -nine (39) years from the date { of this deed, construction activity on the Property will be limited J to the following: (1) Repair of existing buildings. (2) Replacement of any existing buildings with new buildings of similar form and size; of, in the case where a replacement building is a combination of two or more former replaced buildings, then the size of the new Combined building shall be similar to the total sizes of the previous separate buildings it ) replace&. S (3) Adding to existing buildings, and construction of one additional structure, for family growth, crew area, or gear storage. All replacements and additions will be subject to a five (5) foot set -back from all boundary lines. C. There shall be no construction ever of any multi- storied buildings anywhere on the bluff area located westerly of the r� dashline labeled "bluff edge' on Exhibit A. Only single- storied { buildings may be built: however, nothing herein is intended to prohibit a single -story structure from being (1) set on whatever length pilings may he reasonably needed for its foundation, or (11) free being built with a stair- stepped aspect to It. In determining need, the following factors are to be deemed to exist: (a) no Bobcat or other bulldozing equipment is economically available for excavation on the property; (b) it is not expected nor Page 5 L J r 7 UK00102PGO507 required that Grantees excavate any of the soil to fOrm a flatter area than currently exists for construction; (c) the property soil is very water saturatetl and soft; (d) any building's foundation is ) likely to be set on pilings or wooden skids for the entire length and width of the building; (e) the foundation pilings will be of different lengths from the soil at various points along the bottom ¢ of the building to enable the building to be level, given the slope ( and curvature of the terrain on which it I. to be located; (f) the 1 Kodiak Island Borough building codes currently prescribe a minimum height clearance between the ground and the bottom of the' building; and (g) a small allowance for settling of the foundation needs to be ifactored into determination of the length of the pilings of ; fpr foundation due to the ground's softness. i D. Grantees shall erect no building on the bluff area to ii the north of the stream until the earliest of (1) April 1, 1999, or (2) such time as any non -bluff building (those located easterly of the line marked `bluff edge" on Exhibit A) sustains such damage as to warrant its replacement. i 5_ Enforceability of Covenants: The covenants of paragraph 9 i ) herein are intended to be appurtenant covenants with the burdens and benefits running with title to Grantor and Grantees. These covenants may be enforced by the Grantor or .the United States of America or their successors. These covenants may be enforced by the bringing of action for injunctive or other relief provided by law, Page f L J a OK00182PG0580 equity, or statute in any court of competent jurisdiction, provided, however, that rescission of this deed or grant of easements and/or reversion of any of these Property rights to Grantor, its successors and assigns, shall not be a remedy for any breach of these covenants. Grantor's remedy for breach includes, but is not limited to, the equitable remedies of injunction or specific performance, and claims at law for damages. 6. Non - Exclusive Land Use Easements: A. AEI hereby grants to Grantees, their successors and assigns, non - exclusive easements (hereafter referred to as -NUE -) for each specified type of use on the following additional land areas: (1) Antenna Field HUE: An area 10 feet wide extending westerly from the upland boundary approximately 50 feet to an area extending north and south approximately 90 feet, also 10 feet wide (east to ..at). (2) Two Summer York Area NUE: (i) An area extending 150 feet south of the Property in length and extending in width least to west) that area between the mean high tide line and the top edge of the bluff area and (11) an area north of the property extending in length northward 75 feet and extending in width (east to west) 80 feet inland from the mean high tide line. (3) Two Winter Storage Work Area NM- (i) An area north of the Property in length northward 75 feet and "tending in Page 7 L J ppfy 00187PGpS09 width (east to rest) 80 feet inland from tii-e mean high title Line antl (ii) an area extending 150 feet South of the Property in length and extending in width (east to west) that area between the mean high {{ tide line and the top edge of the bluff area. (4) Burn Barrel NUE: An area within the southern work area HUE. (5) Clothesline NUE: An area ten (10) feet square extending from the western boundary just above the generator shed. (6) Five Setnet Tie -down NUE, each encompassing an area extending upland for the full length of, and from, the mean f high title line which adjoins and is bounded by an intersecting 1 extension of the side boundary, each of the following designated tracts of the shore fishery leases, and such areas within the boundaries of such tracts, listed below: (a) Upland 50 feet above Tracts A and U of Shore Fishery Plat No. 391 located on the west side of Moser Bay on the South side of Snug Cove within protracted Sections 4, 9, and 10, Township 37 South, Range 31 Hest, Seward Meridian. (b) upland 25 feet of both Tracts B and C of Shore Fishery Plat No. 391 located on the west side of Moser Bay on the south side of Snug Cove within protracted Section 9 and 10, Township 37 South, .Range 31 Nest, Seward Meridian. - (c) Upland 25 feet of Tract A of Shore Fishery Plat No. 1577 located on the west Shore of Kodiak raland's Moser Bay Page e � J BKOOI82PG0590 approximately 3,400 feet southwest of Trap Point and approximately 4,900 feet "at of USGS triangulation station - Fast," within protracted Sections 3 and 4, Township 37 South, Range 31 West, Seward Meridian. B. Except for the setnet tie -down NUE, the NUE grant is Intended to be an appurtenant easement with the burdens and benefits running with title to the Property conveyed by ARI to Grantees. The setnet tie -down NUE is an easement in gross, assignable to whomever may hold the adjacent shore fishing lease or setnet fishing rights. Nonuse of an NUE shall not be deemed an abandonment unless such nonuse continues for an uninterrupted period of more than four years. i C. For purposes of the NUE grant the authorized uses to ) which a specified NVE area encompasses are as follows, each of which { shall include the right to control, remove, and maintain the ' vegetation within it: j (1) Antenna Field NUE: The right (a) to erect, repair, maintain, replace, and use for an antenna field (i) a main post, stake, or other attachment apparatua, (ii) secondary or support guylines to secure the main post, stake, or other attachment apparatus, (iii) connecting transmission wires to the receiver, and liv) necessary intermediary support for the transmission wires and (b) of access to and from the above for their erection, repair, maintenance, replacement, and use. Page 9 L J F L 8K00182PG0591 (2) Burn Barrel ME: The right (a) to place, repair, maintain, and use, to the extent not prohibited by law, a barrel or other container for burning discards and (b) of access for the repair or replacement, maintenance, and use of same. } (3) Clothesline ME: The right (a) to erect, repair, replace, maintain, and use clothesline poles and connecting lines for hanging clothes and (b) access to and from the clothesline area for its erection, repair, maintenance, and replacement. (s) Setnet Tie -down ME: The right (a) to erect, repair, replace, maintain, and use within each aetnet NUE: (i) a main tie -down post, stake, or other attachment apparatus, (ii) required signage, (111) a secondary post, stake, or other attachment apparatus for attachment of swingline ropes, and (b) of access to and from the above for their erection, repair, replacement, and use. (5) Summer work NUE: The right during the fishing season and the spring preparation time for such season (a) to store fish gear, nets, anchors, motors, ropes, and other fishing gear and related apparatus for fishing operation needs, (b) of access for repair, replacement, maintenance, and use of same. (6) Winter Storage WOE: The right during the winter and other non - season months to store anchors, motors, and heavy fishing equipment related apparatus that are going to be needed for the next fishing season. Page 10 J • 1"!OrT1L'�a�.'J�[,. � —fa�ra wF�,uessr�q�a— .rm 8K00I82PGO592 U. The latitude and longitude and legal description 1 ceEecences noted on referenced plat for the shore fishery lease tract boundaries shall be deemed controlling for the purpose of p! {j[ identifying the area of the setnet tie -down NUE rights unless (1) a 1 e particular shore fishery lease tract has not been surveyed before 1 the dace of execution of this Deed and (2) an actual survey is conducted within three years of the execution of this Deed, and (3) such survey reveals that any shore fishing lease tract boundary line or legal description reference is in error. In the latter event only, the survey findings shall be deemed controlling as to the location of said setnet tie -down NUE for the shore fishery tract in 1 question. Nothing in the sub- paragraph ^U' is intended to change the actual boundary line location of any shore fishery tract area. The parties Intend by this provision merely to correct any incorrect description which may exist as to any unsurveyetl shore fishery lease. 7. Prohibited NUE Uses: No uses of or activities on the NUE areas, other than those specifically authorized in the preceding paragraph as to each, are granted. Grantees shall not construct any buildings, structures, or permanent improvements on the NUE areas, other than those specifically authorized. B. HUE Laws and Regulations: Grantees shall comply with all applicable Borough, State, and federal laws and regulations concerning their use of and activities on the NUE areas. Page It � J I- r L 8[00182PG0593 9. HUE Environmental Protection: Grantees shall not store any hazardous substance on the NOE areas during winter months or in contravention of any applicable law or regulation. At the conclusion of each setnet fishing season, Grantees will pick up and remove all garbage and discarded items from each NUE. Any items to be placed or retained on a winter storage NUE shall be stored in an i orderly fashion. 10. NUE - Archeological Sites: if any Alaska Native archeological site or artifact is found on a NUE area, AKI shall be immediately informed and any artifacts shall, as between AKI and Grantees, be the Property of AKI. If the ,nature of the Alaska Native archeological site is such that it is determined by the it1 Office of History and Archeology, Alaska Department of Natural Resources, that the NUE at issue is incompatible with the site's f preservation (it being expressly agreed that setnet tie -down stakes need not be relocated), and AKI, or its assignees and successors -in- i interest, is willing to provide Grantees with an alternative NUE area of the same size, convenience of use, and access, then upon the conveyance of such alternative easement, Gzantees' rights of use of the NUE use area within the archeological site shall terminate. 11. NUE Land Fires: Grantees shall take all reasonable precautions to prevent wild land fires on the NUE areas. If a wild land fire is started thereon, Grantees shall make every diligent effort to immediately suppress it and report it to the appropriate Page 12 J i Lt { F BK00182PGO594 officials of the Alaska Division of Forestry, the Kodiak Island Borough, and AKI. 12. HUE Damages: Grantees shall exercise due diligence in protecting the NGE areas from damage caused by activities of Grantees or their officers, directors, employees, agents, or invitees. Grantees shall be held liable. for and pay AKr for any damages resulting from such activities. 11. ME Non - liability and Indemnification: AKI shall not be liable to Grantees or any person claiming through Grantees for any injury or damage to Grantees or Grantees' officers, employees, agents, contractors, or invitee$ for any damage or loss (by, theft or otherwise) of any property of Grantee, or of any property of such persons, irrespective of the cause of such injury, damage, or loss, and irrespective of whether the claim arises in tort, by operation of law or otherwise, except where caused by the negligence or willful act or omission of AKI, or any party authorized by AKI to use said NGE areas, and the officers, employees, agents, invitees, and assigns of either. Grantees shall indemnify, defend, and hold harmless AKI from any and all costs, claims, demands, suits, losses, liability, and expenses for injury to or death of persons and damage to or loss of property arising out of or connected with Grantees' exercise of the privileges granted them in the HUE areas, except that it is understood the Grantees shall not be liable for the acts of others who are not either officers, employees, agents, Page ]I I ( 4 3 L J F BKOOI82PG0595 } contractors, or invitees of Grantees engaging in activities on or U30 of the NUB areas. 14. NUE Compatibility: AKI shall not authorize or permit any activity or construction on o[ use of the NUE or water easement {� areas which is incompatible with the use rights given by AKI to 1 Grantees, including but not limited to activity or construction [F adversely affecting the flow, quantity, or quality of water from the water collection source or water storage area depicted on Exhibit A. AKI shall support application by Grantees to the State of Alaska for a water permit or other authorization to use and /or appropriate such water. 15. No NUE Warranty: AKI does not warrant or represent that the NUE areas are presently safe, healthful, or suitable for the purposes for which they are permitted to be used under the terms of this grant, or that the subject lands or improvements thereon are in compliance with the Kodiak Island Borough Codes. 16. NUE Inspections: AKI, by and through its officers, agents, employees, and /or representatives, reserves the right to inspect the NUE area activities of Grantees at any time with or without notice. 17. NUE Default and Cure: If AKI believes that Grantees have violated or are violating any NUE covenant or restriction, it shall give Grantees Written notice identifying the default and requesting its cure. Grantees shall have sixty (60) days after receipt of said Page la L J F 81 8K00182PGO596 Britten notice in which to cure the default, unless a longer period 1 is reasonable or necessary to effectuate cure, in which event the 1 period of cure shall be extended as long as the defaulting party is diligently attempting to effectuate a cure. 1E. NUE Relationship of Parties: In regard to activities on the NUE areas, Grantees are and shall be considered independent contractors who exercise entire control over the operation of their own business operations, subject only to the conditions established herein. No partnership, limited partnership, joint venture, agency, or employment is intended to be created by this non - exclusive use easement grant. Grantees' business is separate and apart from the business operated by MI. Grantees shall have no authority to act for MI in any manner or to create any liability or obligation binding MI. 19. NUE Nonwaiver: In regard to the NUE obligations of Grantees, the failure by Ml to insist in any instance upon the strict performance or observance of any obligation of Grantees, or to exercise any election herein contained, shall not be construed as a waiver or relinquishment of the future performance of any such obligation or the right to exercise such election, but the same shall continue and remain in full force and effect with respect to any subsequent breach, act, or omission. Page 15 L J i Page 16 L J 1 OK 00182 PG 0597 20. NUE Notices: In regard to NUE areas, any notice, approval, bill, statement, or other coaounitaticn required or , permitted to be given, rendered, or made by either party hereto to 4 the other shall be in writing and shall be sent certified mail, or 1 I delivered personally, to the person to whom it is addressed, as follows: t To AKI: Akhiok- Kagvyak, Incorporated 1100 Most Benson Blvd., Suite 350 Anchorage, AK 99503 { To Grantees: David N. and Rita R. Dieters 1906 Gulfview Drive Holiday, EL 31691 21. NUE Integration: The NUE rights granted herein contain the entire agreement between MI and Grantees as to NUES and cannot be modified, except by a written instrument signed by both parties. F 22. NUE Applicable Law: The NUE rights shall be governed by � the lays of the State of Alaska. GRANTOR: ANNIOK- KAGUYAK, INCORPORATED By: i RALPH ELUSKA DATED: �717�a�_ Its: President Page 16 L J r r OK00I82PGO598 _ STATE OF ALASKA ) J as. THIRD JUDICIAL DISTRICT ) The o[egoing instrument was acknowledged before me thiaAI"I day of �, 20 y Ralph Eluska, President of Akhiok - Kaguya k, In rporat� ka co[pora[ion, on behalf of the Corporation, eOINP� A J L After Recording, Return To: Akhiok- Kaguyak, Inc. 1100 Rest Benson Blvd., Suite 350 Anchorage, AK 99503 commission expires: Page 1] J NOTE shown on this sheet was taken from U.S. ;urvey quadrangle maps "KARLUK (A -1), ;2 edition, with minor revisions in 1983, ;). ALASKA ", 1952 edition, with minor , 1973, and "TRINITY ISLANDS (D -1), i2 edition, with minor revisions in 1994. /mplete and accurate as to the depiction tfer boundaries, and is to be used for /tian purposes only. �O .ZP P4- Tao oc cq aQ r 5MCKHOLM Po/Nr 071 TRACT G SEE SHEET 4 OF 14 _,1oj TRACT H ' SEE SHEET 5 OF I TRACT I SEE SHEET 6 OF OLOA NARROWS 1 , SEE SHEET OF 14 TRACT E Vip ( SEE SHEET 2 OF 14 L� OOG SALhVN FLA rS BPS I MOCK 01- 0 y P \IA- C, IF? I AW54r A"RIAIE LACOM TRACT J :EE SHEET 7 OF 14 I, Christopher D. Wiita, HEREBY CERTIFY upon honor that 1 have executed the ANCSA 14(c) Survey depicted as this plat, sheets I through 14, in conformity with the Special Instructions approved May 11, 1998, the TRACT K principles of survey described in the Manual of Surveying Instructions. 1973, and in the specific SEE SHEET 8 OF 14 - ro TRACT p manner described on this plat. 4',,y�rlGa 4y� FASSETT SEE SHEET 14 OF 14 - / PO /NT TRACT L sNUC co vE X5.73500 Oo.`ID 1�vt D, �r4 SEE SHEET 9 OF 14, -\ Codastrol Surveyor Mean J55 u, -Vt ,./0�l99 it 2gnerio - et _ 3 9 lination )SOleter IV Dote r1 i9° E. - TRACT M R3 1w RuN C�"\ POINT SEE SHEET 10 OF 14 RC�rr„ f'D AM /K a /SLAND �2 .N75ERQP0 /NT ALASKA P.L. 92- 1 A� j IN THE V 1. AKHICK 1 This plat, sheets I thrc survey record. The pertinent history o. determination, geograph laid, vegetation, and sc tract of this survey arc sheet, as depicted in it This survey was executer Ca•lostral Surveyor, Jun( accordance with the prir Manual of Surveying Ins! Instructions approved Mc Inc. ANCSA 14(c) Portia; approved August S. 1996, Asr.ignment Instructions Field assistant was: Mat shat D. Wade, Land SL Ared Surveyed: 8.9E Thr mean magnetic declir U..c;. Department of Defer 19f -5. 99-oz q-ly 9 1112f �1ad /AK Offkiudy FIME ORIOp/AL UTE _ O 0 O O O O 0 O rnw.•••r•rr.n.ur.Vri�x..I rr. uM.u.l iiu rl ALASKA NATIVE CLAIMS SETTLEMENT ACT (ANC$A) SECTION 14 (e) P.L. SE -203 (85 $TAT. SM, 702, 703) TRACTS E TN II 0 AKNIOK- KAOUTAK. INC. IN TK VICINITY OE AKHIOK, ALASKA ur.,• s rr .... i. rn..r w. I r.r o. nli:, csova Ur :.::.. Ir. INI. Tn. M.nlrr]] n U1r.�1u:uY., f urn. raI b.1. Y.. r! Our. Y.rinminn bJ.. v 11 T 1 ur unY r.r .r rn. r1�.r rnl. .v r.l- l rea n.a •r rv:rw..rui.i.r .r:u...:In�r. ..In r .w l.......r ..r... r. . r•.�nrlr r.. I rn. rlrn. r 1 ,i:. L ....r Y .. ....::.:.:. .. .:.rl .1. u. �u.a.. ra.r..r w. 2 . ^lilr Y: IN• N' St.OI Yur IIn022 G nl.. ..r 1. ...... ti:i: >I w.t. i ... ri ir:. u:. �i:.Y.. Y.r.. .r.. ..r l.. rn. .r.r..r w..r ..I. .:. ..rl .r I.w. �Q(Q • - Ilu. r....L Y nYr. .r.'n n .q....... .. (ItN' Parcel Number : R5735000550 SUP #58 Moser Bay Property Owner : Dieters, D. & R. Address : 1906 Gulfview Dr. City, State, ZIP: Holiday, F1. 34691 Surveyed by : PSC Date of Survey : 7/91 8 /92'review Remote Set Net Cabin Floor Area: 660 square feet Effective Age: 5 years Quality: Low /Fair Cost as of 9/91 Condition: Average Style: One Story Exterior Wall: Plywood Units ------------------------------------------------- Basic Square Foot Cost......... 660 Including 2 Plumbing Fixtures Composition Shingle........... Gravity Furnace ............... Wood subfloor................. Appliance Allowance........ . Subtotal Basic Structure Cost.. ------------ --------------- - - ---- Extras: Enclosed Porch - Solid Wall... Roofed Porch .................. Subtotal ...................... ----------------------------------------- Replacement Cost New........... ----------------------------------------- Less Depreciation: Physical and Functional....... Locational Depreciation....... Subtotal ...................... Depreciated Cost ............... ----------------------------------------- Rounded to nearest $100 Cost data by MARSHALL and SWIFT 3 n Cost Total --------------- -- 42.21 27,859 660 1.37 904 660 2.50 1,650 660 5.63 3,716 660 2.74 1,808 660 ------------------- 54.45 35,937 - - - - -- 132 35.89 4,737 48 18.33 880 ------------------- 5,617 - - - - -- 660 ------------------ 62.96 41,554 - -- - - -- <8.0 %> <3,324> <35.0 %> <14,544> <43.0 %> <17,868> 660 35.89 23,686 ---------------------------- 23,700 '+Pocde� il, coo Page 1 of 2, allowed 35% Loc. Obsol. for location. 43w,7ao KIBS70036 Parcel Number Property Owner Address City, State, ZIP: Surveyed by Date of Survey R5735000550 SUP 158 Moser Bay Dieters, D. & R. 1906 Gulfview Dr. Holiday, F1. 34691 PSC 7/91 8/92 review Remote Set Net Cabin Floor Area: 576 square feet Effective Age: 20 years Quality: Low Cost as of 9/91 Condition: Badly Worn Style: One Story Exterior Wall: Plywood units ------------------------------------------------ Basic Square Foot Cost......... 576 Including 0 Plumbing Fixtures Galvanized Metal .............. 576 Gravity Furnace ............... 576 Wood subfloor ............. 576 Subtotal Basic Structure Cost.. 576 ------------------------------------------ - - - - -- Extras: Gear Shed /Banya? 1- A.......... Gear Shed /Cabin 1- B........... Subtotal ...................... Replacement Cost New........... Less Depreciation: Physical and Functional....... Locational Depreciation....... Subtotal .... Depreciated Cost ............... ------------------------------- Rounded to nearest $100 Cost data by MARSHALL and SWIFT 240 192 576 Cost Total --------------- - 41.71 24,025 1.34 772 2.32 1,336 5.04 2,903 50.41 --------------- 29,036 -- 15.00 3,600 15.00 2,880 6,480 61.66 35,516 <34.1 %> <12,111> <35.0 %> <12,431> <69.1 %> <24,542> 576 --------- 19.05 10,974 --- --------- - - - - --- Page 2 of 2, allowed 35% Loc. Obsol. for location. 11,000 KIBS70037 Parcel Number Property Owner Address City, State, ZIP: Surveyed by Date of Survey R5735000550 SUP #58 Moser Bay Dieters, D. & R. 1906 Gulfview Dr. Holiday, F1. 34691 PSC 7/91 Remote Set Net Cabin Floor Area: 792 square feet Effective Age: 8 years Quality: Fair Cost as of 12/90 Condition: Average Style: One Story Exterior Wall: Siding Units Cost Total ---------------------------------------------------------------------- Basic Square Foot Cost......... 792 51.33 40,653 Including 6 Plumbing Fixtures Composition Shingle........... 792 1.32 1,045 Gravity Furnace ............... 792 2.21 1,750 Floor Cover ................... 792 2.19 1,734 wood subfloor ................. 792 6.04 4,784 Appliance Allowance........... 792 2.40 1,901 Plumbing Fixture, Rough- In.... 1 339.00 339 Subtotal Basic Structure Cost.. 792 65.92 52,206 ---------------------------------------------------------------------- Extras: Roofed Porch .................. 48 20.05 962 Gear Shed 1 -A Low Cost........ 240 15.00 3,600 Gear Shed 1 -B Low Cost........ 192 15.00 2,880 Subtotal ...................... 7,442 ---------------------------------------------------------------------- Replacement Cost New........... 792 75.31 59,648 ---------------------------------------------------------------------- Less Depreciation: Physical Depreciation......... <9.0 %> <5,368> Locational Depreciation....... <35.0 %> <20,877> Subtotal ...................... <44.0$> <26,245> Depreciated Cost ............... 792 42.18 33,403 Rounded to nearest $100 33,400 Cost data by MARSHALL and SWIFT *Fade X3,70a Allowed 35% Loc. Obsol. for remote location. `'?, kO 0 KIBS70038 Parcel Number Property Owner Address City, State, ZIP: Surveyed by Date of Survey R5735000550 SUP #58 Dieters, D. & R. 1906 Gulfview Dr. Holiday, F1. 34691 PSC 7/91 Remote Set Net Cabin Effective Age: 15 years Cost as of 12/90 Style: One Story Exterior Wall: Plywood Moser Bay Floor Area: 576 square feet Quality: Fair — `p CJ Condition: Badly Worn Allowed Loc. Obsol. for remote location KIBS70039 Units Cost Total Basic Square Foot Cost......... 576 41.66 23,996 Including 0 Plumbing Fixtures Galvanized Metal .............. 576 1.62 933 Gravity Furnace ............... 576 2.21 1,273 Wood subfloor ................. 576 6.04 3,479 Subtotal Basic Structure Cost.. 576 51.53 29,681 ---------------------------------------------------------------------- Less Depreciation: Physical and Functional....... <18.7 %> <5,550> Locational Depreciation....... <35.0 %> <10,388> Subtotal ...................... <53.7 %> <15,938> Depreciated Cost ............... ---------------------------------------------------------------------- 576 23.86 13,743 Rounded to nearest $100 13,700 Cost data by MARSHALL and SWIFT Allowed Loc. Obsol. for remote location KIBS70039 PARCEL ID # 9573S00oS50 POSSESSORY INTEREST WORKSHEET LEGAL DESCRIPTION 5Z)e*52 t4lt)CeQlAmy AREA DESCRIPTION TERM TERM REMAINING 1,5_ AS OF '9/— CAP RATE 10 % (special note: refer to lotus L -3 ip-:ss. int.) for calculations) FEE SIMPLE VALUE LAND VALUE I3P 006 REVERSIONARY VALUE X . 32 LAND VALUE SO i POSSESSORY INTEREST VALUE LAND VALUE &Q.,Q Q Q_ IMPROVEMENTS VALUE TOTAL (10% LEASE 2rdT.ta2S% NPV04kevft-CIOP� IMPROVEMENTS VALUE TOTAL RDOa�r � IMPROVEMENTS VALUE N �A TOTAL COMMENTS: t 15,000 I00"e Q Go sofas O'A pmM,, * 5 � te5 c..w a 0.Q e0, .scalcS . &MA-10ZtJ4r LIFE 'gPfSEU C>0 000-ALL AVERA(rti O{" L'e- i> 2MA r. brCDQC ^%C Li {2 p+ SYAVC uVeJ OJ «isi- N95;ICS . }PJ $' CA /y- c, C \c 6 n►, KIBS70040 }� } }$F r +t -i err tZ . q 7a i e:EMBes _ ter # t � jyTL } -' -+- -t *- I { ! j � ; � � +- r a : + r t I t ------ �� t } .-F +- i -`_'1. -1._`' ' ♦ -, } t-t . � � J '- _ "t Y� a-J 1-{-f �-t -14,- +- 1 + t�- r i tt Y }t tt h -± - L- 4 1 -i- , ,- -}�-' - t�t=- *�- Wit? O (?.f � �: +Y { �►�- 1 -�-� { U -1-+IL � � r�-! +} � -J a-4 ++ i-Q —t--} 'i-T_�' ♦ �-�:� 9; ! T� +r '"-F♦- !_t -• -r � r • }tt t- �- 4-'-���L F t-,�, � rT �;t,�-�t-rr+ - F -1 =+ t'-a �•_t -� ���.i di '1'1 �a. t +,_ t4.lr .... , $� V- ilr ZP ' T� Htltr Jt + J ;1-10 CD } - ! , + -i - - KIBS70042 I� c^I -c + /Ns� 5�ao183 - -- - �1[..�1N_C�_S.o � �Fi'�ttJ __��D.J�'�d- - - -! -- Ccr.tJ,ror_u �!�E -•— E�zc —e�a2� -- - - -- -- 200► =- - -d -- Fr.�' —2� c.i.c� 2�aF — - 6 -- � N7E2(oE o �STis�•i�rc'_7. — i_.cNF..v,y.�LO G« S0�4cr' /�9' Rs c)r 'P,,t3 lI 3 O / L y/ Z /�LYc.�c�c14 Cy ✓cam cfl cam, s..� _` - — - - -- -- - �I ?30Y 1' �axoL - I� -I1 f KIBS70042