COUNTY OF KING

NO: 05-2-20929-1SEA

SUMMONS BY PUBLICATION OF THIRD PARTY CLAIMS

The Honorable Julie Spector

LD3 LLC, a Washington limited liability company, and Plaintiff-Intervenor PRESTON INDUSTRIAL PARK WATER ASSOCIATION, a Washington non-profit corporation, Plaintiffs,

vs.

SOUTH 1-90 LIMITED PARTNERSHIP, a Washington limited partnership; I-90 SOUTH INC., a Washington corporation; BDC PRESTON PROPERTIES ONE LIMITED PARTNERSHIP, a Washington limited partnership; BERNARD DEVELOPMENT COMPANY, a Washington corporation; J. THOMAS BERNARD, individually and as President of I-90 South, Inc. and Bernard Development Company,

Defendants.

and

I-90 SOUTH, INC., a Washington corporation; BDC PRESTON PROPERTIES ONE LIMITED PARTNERSHIP, a Washington limited Partnership,

Third-Party Plaintiffs,

Vs.

CMF LLC, a Washington Limited Liability Company; DONALD M. JASPER and DONALD F. KLINE, d/b/a Jasper-Kline, a Washington General Partnership, the predecessor to LD3; TALKING RAIN BEVERAGE COMPANY, INC., a Washington Corporation, and DOUGLAS B. MACLEAN, individually and as a member of LD3 LLC, CMF LLC and as President and CEO of Talking Rain Beverage Company, Inc., and also the President of Preston Industrial Park Water Association,

Third-Party Defendants.

The State of Washington to DONALD F. KLINE, d/b/a Jasper-Kline, a Washington General Partnership, the predecessor to LD3, LLC;

You are hereby summoned to appear within sixty days after the date of the first publication of this summons, to wit, within sixty days after the 8th day of February, 2006 and defend the above entitled action in the above entitled court, and answer the Third-party claims of the Third-party plaintiffs, I-90 South, Inc. and BDC Preston Properties One Limited Partnership, and serve a copy of your answer upon the undersigned attorneys for Third-party plaintiffs, CAMDEN HALL PLLC, at their office below stated; and in case of your failure so to do, judgment will be rendered against you according to the demand of the Third-party claims, which has been filed with the clerk of said court.

The primary basis for the suit is that plaintiff, LD3 LLC and Third-party defendants Donald M. Jasper and Donald F. Kline, and others, seek to take, use or improperly use, or prevent BDC Preston Properties One Limited Partnership's use of, BDC Preston's property including possession or unauthorized use of, or access to a 10-inch domestic water main installed and owned by BDC Preston in Easement No. 5 located in the Preston Industrial Development in Preston, Washington, a nearby fire lane Access Easement over CMF LLC and LD3, LLC property, and Utility Easement that runs along the east side of the LD3 property all of which exist to benefit BDC Preston and some of the other defendants, and all without BDC Preston's consent. BDC Preston made no representation to anyone that anyone other than BDC Preston owns the 10-inch water main.

BDC Preston does not want LD3 or any other Third-party defendant to connect to its 10-inch main and seeks relief to prevent such connections and damages for the breach of contract, tortious and other acts of Third-party defendants and others.

Defendants and Third-party plaintiffs also assert other claims related to Preston, Washington property owned or formerly owned by Mr. Kline.

DATED: February 2, 2006.

CAMDEN HALL, PLLC

Attorney for Plaintiff

Camden M. Hall, WSBA #146

Attorneys for Third-Party Plaintiffs

1001 Fourth Ave. Ste. 4301

Seattle, WA 98154

206-749-0200

Published in the Ballard News-Tribune on FEBRUARY 8, 15, 22, MARCH 1, 8, 15, 2006.

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