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Warranty Deed V1ERE)IAN�.- ADA COUNTY RECORDER Phil McGrane 2021-029427 BOISE IDAHO Pgs=4 KRISTINA LOWRY 02/23/2021 04:49 PM APPROVED TITLEONE BOISE $15.00 CAT, ONOV22 lease return to: EL EC,TrOf•JICA{_!-Y P.ECOftDrD nUNNMBEF'. az-- °' r Dr., Suite 400 STAMI;?ED FIRST PAGE NOW 3642 INCORPORATED AS PART OF ThiE ORIGINAL DOCUMENT. WARRANTY DEED Apex NW Parcel 2 FOR VALUE RECEIVED, the receipt and sufficiency of which is hereby acknowledged, MARK W. LINDSAY AND DAVID TURNBULL, CO -TRUSTEES OF THE GST NON-EXEMPT MARITAL TRUST UNDER THE TOMLINSON FAMILY TRUST DATED APRIL 7,1982, ("Grantor"), does hereby grant, bargain, sell, and convey unto SMITH BRIGHTON INC., an Idaho corporation, ("Grantee"), all of Grantor's right, title interest in and to that certain real property located in Ada County, Idaho, legally described on Exhibit A, attached hereto and incorporated herein ("Premises"). TO HAVE AND TO HOLD the Premises, with its appurtenances, unto Grantee, and Grantee's successors and assigns forever, streets, alleys and rights of way adjacent thereto, all mineral rights appurtenant thereto, any and all singular, tenements, hereditaments, and appurtenances thereunto belonging, and specifically excluding all water and water rights, ditch or irrigation company shares. Grantor, for itself, its heirs and assigns, does hereby covenant to and with the said Grantee, that the Grantor is the owner in fee simple of said Premises; that the conveyance of the Premises is subject to encumbrances which are visible on the Premises and/or encumbrances of record; and that Grantor will warrant and defend the same forever from all lawful claims whatsoever. IN WITNESS WHEREOF, Grantor hereunto subscribed its name effective as January 15, 2021. GRANTOR: GST NON-EXEMPT MARITAL TRUST UNDER THE TOMLINSON FAMILY TRUST DATED APRIL 7, 1982 By: Adf U aVI . Turnbull, Co -Trustee STATE OF IDAHO ) :ss. County of Ada ) 4t On this day of #Gwy, 9021, before me the undersigned notary public, personally appeared David W. Turnbull, known or identified to me to be a Co -Trustee of the GST Non -Exempt Marital Trust under the Tomlinson Family Trust dated April 7, 1982, the Trust that executed the instrument or the person who executed the instrument on behalf of said Trust, and acknowledged to me that such Trust executed the same. SHARI VAUGHAN J.�1 Notary Public - State of Idaho Commission Number 20191002 NO ry PUbIIC for Idaho My Commission Expires Jun 1, 2024 My Commission expires 'cw 24: WARRANTY DEED NIE!(IDIANp- APPROVED ORIE, ONW22 please return to: FUNUMB(F'^-2o2sma2 nC. for Dr., Suit. 400 eri ian, 1.alo 63642 WARRANTY DEED Apex NW Parcel 2 ELECTRONICALLY RECORDED STAMPED FIRST PAGE NOW INCORPORATED AS PART OF THE ORIGINAL DOCUMENT. FOR VALUE RECEIVED, the receipt and sufficiency of which is hereby acknowledged, MARK W. LINDSAY AND DAVID TURNBULL, CO -TRUSTEES OF THE GST NON-EXEMPT MARITAL TRUST UNDER THE TOMLINSON FAMILY TRUST DATED APRIL 7, 1982, ("Grantor"), does hereby grant, bargain, sell, and convey unto SMITH BRIGHTON INC., an Idaho corporation, ("Grantee"), all of Grantor's right, title interest in and to that certain real property located in Ada County, Idaho, legally described on Exhibit A, attached hereto and incorporated herein ("Premises"). TO HAVE AND TO HOLD the Premises, with its appurtenances, unto Grantee, and Grantee's successors and assigns forever, streets, alleys and rights of way adjacent thereto, all mineral rights appurtenant thereto, any and all singular, tenements, hereditaments, and appurtenances thereunto belonging, and specifically excluding all water and water rights, ditch or irrigation company shares. Grantor, for itself, its heirs and assigns, does hereby covenant to and with the said Grantee, that the Grantor is the owner in fee simple of said Premises; that the conveyance of the Premises is subject to encumbrances which are visible on the Premises and/or encumbrances of record; and that Grantor will warrant and defend the same forever from all lawful claims whatsoever. IN WITNESS WHEREOF, Grantor hereunto subscribed its name effective as January 15, 2021. GRANTOR: GST NON-EXEMPT MARITAL TRUST UNDER THE TOMLINSON FAMILY TRUST DATED APRIL 7, 1982 By: A49f U61AV. Turnbull, Co -Trustee STATE OF IDAHO ) :ss. County of Ada ) On this day of Jasuwy, 9021, before me the undersigned notary public, personally appeared David W. Turnbull, known or identified to me to be a Co -Trustee of the GST Non -Exempt Marital Trust under the Tomlinson Family Trust dated April 7, 1982, the Trust that executed the instrument or the person who executed the instrument on behalf of said Trust, and acknowledged to me that such Trust executed the same. SHARI VAUGHAN Notary Public - State of Idaho Commission Number 20181002 Notary Public for Idaho �' �� My Commission Expires Jun 1, 2024 �� My Commission expires O)A r WARRANTY DEED APPROVED DA EI 03/04/22 SCE GST NON-EXEMPT MARITAL TRUST UNDER THE TOMLINSON FAMILY TRUST DATED APRIL 7, 1982 By: Mark W. Lindsay, Co -Tr stee A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. STATE OF CALIFORNIA ) ss. County of San Diego ) before me, (Insert name and title of the officer) personally appeared Mark W. Lindsay, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity of Co -Trustee, and that by his signature on the instrument, the trust upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. i Signature (seal) ILEANA S07NIDIS a Commission No. 2279717 i a NOTARY PUBLI0 Cou FORNIA � SAN DIEGO COUNTY y Commission Expires March 4, 2023 WARRANTY DEED E APPROVED oaioa zz EXHIBIT A Premises Apex Northwest Parcel 2 A parcel of land situated being a portion of the Southeast 1/4 of the Southeast 1/4 of Section 31,Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada county, Idaho, and being more particularly described as follows: Commencing at a found brass cap monument marking the Southeast corner of said Section 31, which bears S00'32'22"E a distance of 2,700.07 feet from a found brass cap monument marking the east 1/4 corner of said Section 31, thence following the southerly line of said Southeast 1/4 of the Southeast 1/4, N89'42'21"W a distance of 646.00 feet to the POINT OF BEGINNING. Thence following said southerly line, N89'42'21"W a distance of 674.00 feet to a found 5/8-inch rebar marking the southwest corner of said Southeast 1/4 of the Southeast 1/4 (East 1/16 corner Section 31); Thence leaving said southerly line and following the westerly line of said Southeast 1/4 of the Southeast 1/4, N00'07'49"W a distance of 690.02 feet; Thence leaving said westerly line, S89'42'21"E a distance of 9.58 feet; Thence N47'38'05"E a distance of 9.34 feet; Thence N00'16'52"E a distance of 4.68 feet; Thence S89'41'26"E a distance of 77.00 feet; Thence S00'16'52"W a distance of 4.59 feet; Thence S46'50'56"E a distance of 9.41 feet; Thence S89'42'21"E a distance of 218.60 feet; Thence 10.21 feet along the arc of a circular curve to the left, said curve having a radius of 6.50 feet, a delta angle of 90'00'47", a chord bearing of N45'17'16"E and a chord distance of 9.19 feet; Thence S89'42'11"E a distance of 60.00 feet; Thence 10.21 feet along the arc of a circular curve to the left, said curve having a radius of 6.50 feet, a delta angle of 89'59'13", a chord bearing of S44'42'44"E and a chord distance of 9.19 feet; Thence S89'42'21"E a distance of 214.50 feet; Thence 14.14 feet along the arc of a circular curve to the left, said curve having a radius of 9.00 feet, a delta angle of 90'00'47", a chord bearing of N45'17'16"E and a chord distance of 12.73 feet; Thence N00'16'52"E a distance of 3.98 feet; Thence S89'43'08"E a distance of 60.00 feet; Thence 14.14 feet along the arc of a circular curve to the left, said curve having a radius of 9.00 feet, a delta angle of 89'59'13", a chord bearing of S44'42'44"E and a chord distance of 12.73 feet; Thence S89'42'21"E a distance of 575.31 feet; Thence 12.96 feet along the arc of a circular curve to the left, said curve having a radius of 16.50 feet, a delta angle of 45'O1'05", a chord bearing of N67'47'07"E and a chord distance of 12.63 feet; Thence N00'32'22"W a distance of 11.83 feet; Thence N89'27'38"E a distance of 43.50 feet to the easterly line of said Southeast 1/4 of the Southeast 1/4; Thence following said easterly line, S00'32'22"E a distance of 85.31 feet; Thence leaving said easterly line, N89'42'21"W a distance of 637.03 feet; Thence S00'16'S2"W a distance of 626.00 feet to the POINT OF BEGINNING. Said parcel contains 11.775 acres, more or less, and is subject to all existing easements and/or rights of way of record or implied. EXHIBIT A to WARRANTY DEED E IDiZ LAS,- APPROVED N-E. 03/04/22 DEPICTION OF LEGAL DESCRIPTION 674.00 EXHIBIT A to WARRANTY DEED