Loading...
HomeMy WebLinkAboutDOC_Warranty Deed- BOI Happy Camper_1 V1CUEIDR IAy APPROVED DATE 06/01/22 FILE NUMBER: ^-20210000 Date: Property: Buyer/Borrower: Seller: Avt` ALLIANCE TITLE & ESCROW CORP. PRELIMINARY TITLE COMMITMENT ATTACHED May 23, 2019 File No.: 436479 NNA W Excursion Lane, Meridian, ID 83642 Powder River Development Services, LLC Brighton Investments LLC, an Idaho Limited Liability Company and SCS Investments, LLC, an Idaho Limited Liability Company In connection with the above referenced transaction, we are providing you with the following contact information. Enclosed please find your Title Commitment. Listing Agent: Selling Agent: Phone: Phone: Attn: Attn: Lender. Buyer/Borrower: Powder River Development Services, LLC Phone: Attn: Seller. Brighton Investments LLC, an Idaho Limited Liability Company and SCS Investments, LLC, an Idaho Limited Liability Company www.alliancetitle.com With dozens of convenient locations across Idaho and parts of Montana, Washington, and Wyoming, Alliance Title & Escrow Corp. offers a complete range of residential and commercial real estate title, escrow and information services. Yec, it mo ters where you dote. CUEIDR IAy APPROVED DATE: 06/01/22 FILE NUMBER: ^-20210000 Avt` ALLIANCE TITLE & ESCROW CORP. Commitment for Title Insurance Subject to conditions and stipulations contained therein Your contacts for this transaction are as follows: Escrow Officer Title Officer Nick Schug nick.schug@alliancetitle.com (208) 895-7916 250 S 5th St., Ste. 100 Boise, ID 83702 Email escrow closing documents to: CVEIDR IAy APPROVED DATE: 06/01/22 FILE NUMBER: az022-0005 i _� ALLIANCE TITLE & ESCROW CORP. In an effort to assure that your transaction goes smoothly, please review the following checklist and contact your Escrow Officer or Title Officer if you answer "Yes" to any of the following: ❖ Will you be using a Power of Attorney? ❖ Are any of the parties in title incapacitated or deceased? ❖ Has a change in marital status occurred for any of the principals? ❖ Will the property be transferred into or from a trust, partnership, corporation or Limited Liability Company? ❖ Has there been any construction on the property in the last six months? Remember, all parties signing documents must have a current driver's license or other valid government issued photo I.D. CUEIDR IAy APPROVED DATE: 06/01/22 FILE NUMBER: ^-20210000 Sales Price Avt` ALLIANCE TITLE & ESCROW CORP. Title Fees & Breakdown Coverage Owners Standard Coverage Extended Coverage Coverage Loan Amount Loan Coverage Standard Covera e Extended Coverage Underwriter I Chicaao Title Insurance Companv Title Policy Calculations For Disclosure Product CD Disclosed Actual Premiums Premium Adjustments Premiums Loan Policy $0.00 $0.00 (Simultaneous Issue Credit) $0.00 Owner's Policy $0.00 $0.00 (Short Term Discount. — If Any) $0.00 Endorsements: Inspection Fee Additional Chain Closing Protection Letter Other Borrower Fees Recording Fees Idaho $15 for a Deed under 30 pages. $45 for a Deed of Trust or Mortgage under 30 pages. Otherwise, $10 first page, $3 for each additional page Montana $7.00 per page for a conforming document. Add $10.00 per document if the document is non -conforming outside the required margins etc. Washington $99 for the first page of a Deed and $100 for the first page of a Deed of Trust with, $1 for each additional page Wyoming $12 for the first page, $3 for each additional page E-File Fees An additional $4.50 per document in Idaho. An additional $5.00 per document in Wyoming & Montana �j(E IDIAy APPROVED DATE 06/01/22 FILE NUMBER: a D21D011 HICAGO TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE ISSUED BY CHICAGO TITLE INSURANCE COMPANY NOTICE IMPORTANT —READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I —Requirements; Schedule B, Part II —Exceptions; and the Commitment Conditions, Chicago Title Insurance Company, a Florida Corporation (the "Company"), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I —Requirements have not been met within 180 Days after the Commitment Date, this Commitment terminates and the Company's liability and obligation end. CHICAGO TITLE INSURANCE COMPANY Bv: AT'_ P�esiAenl This page is only a part of a 2016 ALTA° Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I —Requirements; and Schedule B, Part It —Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. 72C165B Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance 8-1-16 AMERICAN LAND'LILLk ASWCLKTION CUEtDinrr__ HICAGO TITLE INSURANCE COMPANY APPROVED COMMITMENT CONDITIONS DATE: 06/01/22 FILE NUMBER: ^ 02100e5 EFINITIONS "Knowledge" or "Known": Actual or imputed knowledge, but not constructive notice imparted by the Public Records. (b) "Land": The land described in Schedule A and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. (c) "Mortgage": A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law. (d) "Policy": Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. (e) "Proposed Insured": Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. (f) "Proposed Policy Amount": Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. (g) "Public Records": Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (h) "Title": The estate or interest described in Schedule A. 2. If all of the Schedule B, Part I —Requirements have not been met within the time period specified in the Commitment to Issue Policy, this Commitment terminates and the Company's liability and obligation end. 3. The Company's liability and obligation is limited by and this Commitment is not valid without: (a) the Notice; (b) the Commitment to Issue Policy; (c) the Commitment Conditions; (d) Schedule A; (e) Schedule B, Part I —Requirements; and (f) Schedule B, Part II —Exceptions; and (g) a counter -signature by the Company or its issuing agent that may be in electronic form. 4. COMPANY'S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment. 5. LIMITATIONS OF LIABILITY (a) The Company's liability under Commitment Condition 4 is limited to the Proposed Insured's actual expense incurred in the interval between the Company's delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured's good faith reliance to: (i) comply with the Schedule B, Part I —Requirements; (ii) eliminate, with the Company's written consent, any Schedule B, Part II — Exceptions; or (iii) acquire the Title or create the Mortgage covered by this Commitment. This page is only a part of a 2016 ALTA° Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. 72C165B �E IDIAN-- APPROVED DATE 06/01/22 FIEF NUMBER: ^-2D22 o11 HICAGO TITLE INSURANCE COMPANY The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. The Company's liability shall not exceed the lesser of the Proposed Insured's actual expense incurred in good faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount. The Company shall not be liable for the content of the Transaction Identification Data, if any. In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I —Requirements have been met to the satisfaction of the Company. In any event, the Company's liability is limited by the terms and provisions of the Policy. 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT (a) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment. (b) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment. (c) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. (d) The deletion or modification of any Schedule B, Part II —Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. (e) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company. (f) When the Policy is issued, all liability and obligation under this Commitment will end and the Company's only liability will be under the Policy. 7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company's agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company's agent for the purpose of providing closing or settlement services. 8. PRO -FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro -forma policy illustrating the coverage that the Company may provide. A pro -forma policy neither reflects the status of Title at the time that the pro -forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9. ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at <http://www.alta.org/arbitration>. This page is only a part of a 2016 ALTA° Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. 72C165B E IpR L��' HICAGO TITLE INSURANCE COMPANY APPROVED DATE 06/01/22 gent: Alliance Title & Escrow Corp. :I -,F 9UM6EjL �022-0095 ffice: 250 S 5th St., Ste. 100, Boise, ID 83702 Number Customer Reference Number: WO-1733 / BOI/MTN-P-019342 Issuing Office File Number: 436479 Property Address: NNA W Excursion Lane, Meridian, ID 83642 Revision Number: SCHEDULE A 1. Commitment date: May 9, 2019 at 7:30 A.M 2. Policy or Policies to be issued: (a) 2006 ALTA® Owner's Policy 0 Standard 0 Extended Amount: Premium: $0.00 Proposed Insured: Powder River Development Services, LLC (b) 2006 ALTA® Loan Policy Endorsements: Proposed Insured: Standard = Extended Amount: Premium: $0.00 3. The estate or interest in the Land described or referred to in this Commitment is FEE SIMPLE 4. Title to the FEE SIMPLE estate or interest in the Land is at the Commitment Date vested in: Brighton Investments LLC, an Idaho Limited Liability Company and SCS Investments, LLC, an Idaho Limited Liability Company 5. The Land is described as follows: See Attached Exhibit 'A' Chicago Title Insurance Company Authorized Signatory �j(E IDIAy APPROVED DATE: 06/01/22 EIIE NUMBER:-022--1 HICAGO TITLE INSURANCE COMPANY 6479 Exhibit `A' A parcel of land located in the Southwest Quarter of Section 14, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho. Being further described as follows: BASIS OF BEARINGS: The North line of the Southwest Quarter of Section 14, Township 3 North, Range 1 West, Boise Meridian, derived from found monuments and taken as South 89°11'34" East with the distance between monuments found to be 2,656.39. Beginning at a point on the North line of said Southwest Quarter of Section 14, Township 3 North, Range 1 West, Boise Meridian from which the West Quarter corner of said Section 14 bears North 89°11'34" West a distance of 36.00 feet; thence along said North Line, South 89°11'34" East to the Center Quarter corner of said Section 14 a distance of 2,620.39 feet; thence leaving said North Line and along the East line of said Southwest Quarter, South 00°35'28" West to a point on the Northerly Right -of -Way on Interstate 84 a distance of 1,344.66 feet; thence along said Right -of -Way, North 89°34'03" West a distance of 501.27 feet, thence continuing along said Right -of -Way, North 81°01'33" West a distance of 28.65 feet; thence leaving said Right -of -Way, North 00°46'45" West a distance of 15.10 feet; thence North 59°40'21" West a distance of 883.45 feet, thence North 55°13'21" West a distance of 837.82 feet, thence North 40°44'57" West a distance of 183.51 feet, thence North 39°38'38" West a distance of 352.80 feet, thence North 88°33'15" West to a point on the Easterly Right -of -Way of Ten Mile Road, a distance of 281.14 feet, thence along said Right -of -Way, North 00°30'10" East a distance of 16.40 feet to the POINT OF BEGINNING. EXCEPTING THEREFROM: Any portion lying with TM Crossing Subdivision and TM Crossing Subdivision - No. 2. ALSO EXCEPTING THEREFROM: Right of Way Area No. 1, Right of Way Area No. 2 and Right of Way Area No. 3 as disclosed in Correction General Warranty Deeds recorded January 11, 2017 as Instrument Nos. 2017-003267 and 2017-003268. �j(E IDIAy APPROVED DATE: 06/01 /22 FILE NUMBER:A-zoz 005 HICAGO TITLE INSURANCE COMPANY SCHEDULE B - SECTION I REQUIREMENTS The following requirements must be met: 1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2. Pay the agreed amount for the estate or interest to be insured. 3. Pay the premiums, fees, and charges for the Policy to the Company. 4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. 5. The Proposed Policy Amount(s) must be increased to the full value of the estate or interest being insured, and any additional premium must be paid. An Owner's policy shall be issued for not less than (1) the amount of the current sales price of the land and any existing improvements appurtenant thereto, or (2) if no sale is to be made, the amount equal to the value of the land and any existing improvements at the time of issuance of the policy. A Loan policy shall be for not less than (a) the full principal amount of the indebtedness secured by the insured mortgage and may include up to 20% in excess thereof to cover foreclosure costs, etc., or (b) if the indebtedness is secured by other collateral, then for not less than the unencumbered value of the land or the amount of the loan, whichever is the lesser. Proposed Policy Amount(s) will be revised and premiums charged consistent therewith when the final amounts are approved. 6. The company will require a copy of articles of organization, operating agreements, if any, and a current list of its members and managers for Powder River Development Services, LLC, a limited liability company. 7. Delivery to and approval by the Company of documentation authorizing transaction and setting forth parties authorized to execute documents on behalf of Powder River Development Services, LLC. 8. The company will require a copy of articles of organization, operating agreements, if any, and a current list of its members and managers for Brighton Investments LLC, an Idaho Limited Liability Company. 9. Delivery to and approval by the Company of documentation authorizing transaction and setting forth parties authorized to execute documents on behalf of Brighton Investments LLC, an Idaho Limited Liability Company. 10. The company will require a copy of articles of organization, operating agreements, if any, and a current list of its members and managers for SCS Investments, LLC, an Idaho Limited Liability Company, a limited liability company. 11. Delivery to and approval by the Company of documentation authorizing transaction and setting forth parties authorized to execute documents on behalf of SCS Investments, LLC, an Idaho Limited Liability Company. �j(E IDIAy APPROVED DATE: 06/01 /22 FILE NUMBER:A-zoz 005 HICAGO TITLE INSURANCE COMPANY Furnish recording instructions, completed and executed, when forwarding your encumbrances for recording. This transaction was ordered as a title only transaction and provides for no escrow services. As a result the following services are not provided: Any curative action regarding items either shown in Schedule B or made as a requirement herein will be the responsibility of the originating party. Alliance Title & Escrow Corp. will not request payoff statements or facilitate the satisfaction of any monetary obligation of the borrower in this transaction. No funds will be deposited with Alliance Title & Escrow Corp. and it will not act as closing agent for loan documentation purposes. Alliance Title & Escrow Corp. will not prepare a HUD-1/Settlement Statements in association with this transaction. Note: In the event that any of the above requirements are not satisfied at the time of recording and we are authorized by the recording instructions to record your encumbrance with these requirements as "To come" items, they will be inserted in Schedule B of the title insurance policy as exceptions to the policy. Please be aware that Idaho recording fees are $19.50 for a Deed and $49.50 for a mortgage or Deed of Trust under 30 pages All documentation regarding the above referenced order, including the recording package, should be sent directly to Alliance Title & Escrow Corp. at the following address: 250 S 5th St., Ste. 100, Boise, ID 83702 Note No. 1: We find no activity in the past 24 months regarding transfer of title to subject property. We note the following transfer of title to subject property: Correction General Warranty Deed Grantor: Ten Mile Crossing Inc., an Idaho corporation Grantee: SCS Investments LLC, an Idaho Limited Liability Company Recorded: January 11, 2017 Instrument No.: 2017-003267 Note No. 2: We find no activity in the past 24 months regarding transfer of title to subject property. We note the following transfer of title to subject property: Warranty Deed Grantor: Ten Mile Crossing Inc., an Idaho corporation Grantee: Brighton Investments LLC, an Idaho Limited Liability Company Recorded: January 11, 2017 Instrument No.: 2017-003268 Note No. 3: This Company reserves the right to add additional requirements upon receipt of the details of this transaction. Note No. 4: In the event this transaction fails to close and this commitment is cancelled a fee will be charged complying with the state insurance code. Note No. 5: According to the available County Assessor's Office records, the purported address of said land is: NNA W Excursion Lane, Meridian, ID 83642 Note No. 6: We would like to take this opportunity to thank you for your business, and inform you that your Title Officer is Nick Schug, whose direct line is (208) 895-7916. A copy of our Privacy Policy is available on our website at www.alliancetitle.com/About/Privacy- Policy or via email, or paper format upon request. Please contact your Title Officer if you would like to request a copy of our Privacy Policy. �j(E IDIAy APPROVED DATE: 06/01 /22 FILE NUMBER:A-zozz 095 HICAGO TITLE INSURANCE COMPANY SCHEDULE B - SECTION II EXCEPTIONS THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN. The Policy will not insure against loss or damage resulting from the terms and provisions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company: 1. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records or is created, attaches, or is disclosed between the Commitment Date and the date on which all of the Schedule B, Part I —Requirements are met. 2. Rights or claims of parties in possession not shown by the public records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. 4. Easements, or claims of easements, not shown by the public records. 5. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof, (c) water rights or easements appurtenant to water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. 7. Taxes or special assessments which are not shown as existing liens by the public records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 8. General Taxes for the year 2018 a Lien, the first half is paid and the second half is now due and payable. Parcel No.: S 1214314912 In the original amount of $19,107.56 Note: A partial payment has been made toward the 2nd half of the 2018 taxes. Taxes, including any assessments collected therewith, for the year 2019 which are a lien not yet due and payable. Note: A new parcel number has been assigned as shown: S 1214314915 10. Taxes which may be assessed and extended on any subsequent roll for the tax year 2019, with respect to the structure(s) as defined in 63-201 I.C. as billboards and/or cell towers located upon said property, which may not be included on the regular assessment roll and which are a lien not yet due and payable. 11. Special assessments, if any, for the City of Meridian. HICAGO TITLE INSURANCE COMPANY APPROVED evies and assessments of the Nampa Meridian Irrigation District, and the rights, powers and oaTL 06/01/22 asements of said district as by law provided. FIIFNUMBEB:A-zozz 095 iens, levies and assessments of the Parcel Maintenance Expenses. 14. Liens, levies and assessments of the Project Common Area Expenses. 15. Liens, levies and assessments of the Project Expenses. 16. Ditch, road and public utility easements as the same may exist over said premises. 17. Rights of the public in and to that portion of the premises lying within West Excursion Lane. 18. Rights of the public in and to that portion of the premises lying within West Navigator Drive. 19. Right-of-way for Purdam Drain and the rights of access thereto for maintenance of said drain. 20. Reservations and exceptions in the United States Patent, and in the act authorizing the issuance thereof. Recorded: June 6, 1892. Book: 3 of Patents at Page: 61 Official Records: Ada County. 21. Terms, provisions, covenants, conditions, definitions, options, obligations and restrictions, contained in a document Purpose: Agreement Recorded: August 2, 1920 Instrument No.: 88910 in Book: 9 of Agreements, Page: 622 and 623 22. Terms, provisions, covenants, conditions, definitions, options, obligations and restrictions, contained in a document Purpose: Agreement Recorded: July 15, 1940 Instrument No.: 198669 in Book: 16 of Agreements, Page: 605 and 606 23. The provisions contained in document, Recorded: November 27, 1963, Instrument No.: 570841 As follows: The fact that the ownership of said land does not include rights of access to or from the street or highway abutting said land, such rights having been severed from said land. 24. An easement for the purpose shown below and rights incidental thereto as set forth in a document: Granted To: State of Idaho Purpose: Fill ditch and irrigation facilities Recorded: November 25, 1963 Instrument No.: 570841 25. Agreement and the terms and conditions contained therein Between: Nampa & Meridian Irrigation District And: Intermountain Gas Company Purpose: Master Agreement for Crossing and Encroachment Recorded: April 3, 1996 Instrument No.: 96027809 �HICAGO TITLE INSURANCE COMPANY APPROVED greement and the terms and conditions contained therein DAIL 06/01/22 jetween: Nampa & Meridian Irrigation District FILE NUMBER:A-zozz 095 nd: Ralph D. Ross, an individual urpose: License Agreement Recorded: February 22, 2002 Instrument No.: 102021445 27. Agreement and the terms and conditions contained therein Between: Nampa Meridian Irrigation District And: Eastbourne Investments LTD Purpose: License Agreement Recorded: May 23, 2003 Instrument No.: 103085190 28. Agreement and the terms and conditions contained therein Between: Steven C. Smith And: Brighton Investments LLC, an Idaho Limited Liability Company Purpose: Memorandum of Option to Purchase Real Property Recorded: June 9, 2004 Instrument No.: 104072009 29. An easement for the purpose shown below and rights incidental thereto as set forth in a document: Granted To: City of Meridian Purpose: Sanitary Sewer Easement Recorded: July 31, 2006 Instrument No.: 106122362 30. Agreement and the terms and conditions contained therein Between: Nampa Meridian Irrigation District And: City of Meridian Purpose: License Agreement Recorded: February 12, 2007 Instrument No.: 107020172 31. Easements reservations and dedications, as shown on record of survey. Recorded: November 25, 2008 Instrument No.: 108127209 32. Agreement and the terms and conditions contained therein Between: Nampa & Meridian Irrigation District And: Idaho Transportation Department Purpose: License Agreement Recorded: May 21, 2009 Instrument No.: 109058684 Addendum to License Agreement: Recorded: December 10, 2010 Instrument No.: 110116319 33. Easements reservations and dedications, as shown on record of survey. Recorded: September 22, 2010 Instrument No.: 110088345 HICAGO TITLE INSURANCE COMPANY APPROVED lurpose: reement and the terms and conditions contained therein DAIL 06/01/22 tween: Nampa & Meridian Irrigation District HUNUMBER:A-zozz 095 d: SCS Brighton LLC, an Idaho Limited Liability Company Purdam Drain and Taylor Drain Recorded: February 14, 2013 Instrument No.: 113016619 Second Addendum to License Agreement: Recorded: June 26, 2017 Instrument No.: 2017-057968 35. An easement for the purpose shown below and rights incidental thereto as set forth in a document: Granted To: Nampa & Meridian Irrigation District Purpose: Right of way along the Purdam Drain Recorded: February 14, 2013 Instrument No.: 113016620 36. An easement for the purpose shown below and rights incidental thereto as set forth in a document: Granted To: Nampa & Meridian Irrigation District Purpose: Right of way along the Purdam Drain Recorded: February 14, 2013 Instrument No.: 113016621 37. Agreement and the terms and conditions contained therein Between: City of Meridian And: SCS Brighton LLC, Owner/Developer Purpose: Development Agreement Recorded: January 9, 2014 Instrument No.: 114002254 Addendum to Development Agreement: Recorded: July 13, 2016 Instrument No.: 2016-062220 2nd Addendum to Development Agreement: Recorded: June 8, 2017 Instrument No.: 2017-051907 38. Covenants, conditions and restrictions, but omitting any covenant or restriction based on race, color, religion, sex, sexual orientation, disability, handicap, familial status, marital status, ancestry, national origin or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law. Recorded: July 19, 2016 Instrument No.: 2016-064786 Modification(s) of said covenants, conditions and restrictions Recorded: July 21, 2016 Instrument No: 2016-065448 Further modifications of said covenants, conditions and restrictions Recorded: May 11, 2018 Instrument No.: 2018-042972 �HICAGO TITLE INSURANCE COMPANY APPROVED asements reservations and dedications, as shown on record of survey. WE— 06/01/22 ecorded: July 19, 2016 FILE NUMBER:A-zozz 095 strument No.: 2016-064800 nT'An easement for the purpose shown below and rights incidental thereto as set forth in a document: Purpose: Parking Easement Correction Recording Recorded: December 16, 2016 Instrument No.: 2016-122016 41. Terms, provisions, covenants, conditions, definitions, options, obligations and restrictions, contained in a document Purpose: Declaration of Access Easement for Future Right of Way Recorded: January 11, 2017 Instrument No.: 2017-003272 42. Terms, provisions, covenants, conditions, definitions, options, obligations and restrictions, contained in a document Purpose: Declaration and Grant of Easement Recorded: January 12, 2017 Instrument No.: 2017-003423 43. Agreement and the terms and conditions contained therein Between: Meridian Development Corporation And: Ten Mile Crossing, Inc; Brighton Corporation, SCS Brighton LLC, Brighton Investments, LLC and SBG Ten Mile Office No. 1, LLC Purpose: Memorandum of Owner Participation Agreement Recorded: February 23, 2017 Instrument No.: 2017-016473 44. An easement for the purpose shown below and rights incidental thereto as set forth in a document: Granted To: City of Meridian Purpose: Water Main Easement Recorded: June 8, 2017 Instrument No.: 2017-051908 Re -recorded: March 12, 2018 Instrument No.: 2017-016473 Re -Recorded: March 12, 2018 Instrument No.: 2018-021997 45. An easement for the purpose shown below and rights incidental thereto as set forth in a document: Granted To: City of Meridian Purpose: Water Main Easement Recorded: June 8, 2017 Instrument No.: 2017-051911 Re -recorded: February 27, 2018 Instrument No.: 2018-017726 46. Agreement and the terms and conditions contained therein Between: Ten Mile Crossing, an Idaho Limited Liability Company And: City of Meridian Purpose: Sanitary Sewer and Water Main Easement Recorded: June 22, 2017 Instrument No.: 2017-056859 HICAGO TITLE INSURANCE COMPANY APPROVED lurpose: reement and the terms and conditions contained therein DAIL 06/01/22 tween: Ada County Highway District FBFNUMBER:A-zozz 095 d: Brighton Land Holdings, LLC and SCS TM Creek, LLC Temporary License Agreement Recorded: June 26, 2017 Instrument No.: 2017-058116 48. Agreement and the terms and conditions contained therein Between: Brighton Investments, LLC and SCS Investments, LLC And: Ada County Highway District Purpose: Temporary Easement Recorded: June 30, 2017 Instrument No.: 2017-060114 49. Agreement and the terms and conditions contained therein Between: Ada County Highway District And: Ten Mile Crossing, Brighton Investments, LLC, SBG Ten Mile Office No. 1 LLC and SCS Investments, LLC Purpose: Temporary License Agreement Recorded: July 3, 2017 Instrument No.: 2017-060518 Addendum No. 01 to License Agreement: Recorded: July 20, 2017 Instrument No.: 2017-066301 50. Terms, provisions, covenants, conditions, definitions, options, obligations and restrictions, contained in a document Purpose: Temporary Easement Recorded: July 3, 2017 Instrument No.: 2017-060520 51. An easement for the purpose shown below and rights incidental thereto as set forth in a document: Granted To: Ada County Highway District Purpose: Permanent exclusive easement for use by the public Recorded: July 13, 2017 Instrument No.: 2017-063622 52. An easement for the purpose shown below and rights incidental thereto as set forth in a document: Granted To: Ada County Highway District Purpose: Public right-of-way easement (sidewalk) Recorded: July 13, 2017 Instrument No.: 2017-063623 53. An easement for the purpose shown below and rights incidental thereto as set forth in a document: Granted To: Ada County Highway District Purpose: Permanent exclusive easement for use by the public Recorded: July 13, 2017 Instrument No.: 2017-063624 HICAGO TITLE INSURANCE COMPANY APPROVED lurpose: easement for the purpose shown below and rights incidental thereto as set forth in a DATL 06/01/22 cument: FILE NUMBEB:A-zozz 095 anted To: Ada County Highway District Temporary Storm Water Drainage Easement Recorded: July 13, 2017 Instrument No.: 2017-063754 55. Terms, provisions, covenants, conditions, definitions, options, obligations and restrictions, contained in a document Purpose: Permission for use of subdivision name Recorded: September 27, 2017 Instrument No.: 2017-091613 56. An easement for the purpose shown below and rights incidental thereto as set forth in a document: Granted To: Ada County Highway District Purpose: Public Right -of -Way Easement (Sidewalk) Recorded: October 4, 2017 Instrument No.: 2017-094140 57. An easement for the purpose shown below and rights incidental thereto as set forth in a document: Granted To: Ada County Highway District Purpose: Temporary Storm Water Drainage Easement Recorded: October 4, 2017 Instrument No.: 2017-094142 58. Agreement and the terms and conditions contained therein Between: Nampa & Meridian Irrigation District And: Ten Mile Crossing, Inc.; Brighton Investments, LLC; SCS Investments LLC; SBG Ten Mile Office No. 3 LLC Purpose: License Agreement Recorded: November 13, 2017 Instrument No.: 2017-108415 59. An easement for the purpose shown below and rights incidental thereto as set forth in a document: Granted To: Ada County Highway District Purpose: Public Right -of -Way Easement (Sidewalk) Recorded: November 15, 2017 Instrument No.: 2017-109148 60. Agreement and the terms and conditions contained therein Between: Ada County Highway District And: Ten Mile Crossing, Inc. Purpose: Temporary License Agreement Recorded: November 29, 2017 Instrument No.: 2017-113880 61. Easements reservations and dedications, as shown on record of survey. Recorded: June 26, 2018 Instrument No.: 2018-059252 HICAGO TITLE INSURANCE COMPANY APPROVED n unrecorded lease with certain terms, covenants, conditions and provisions and access rights, oaTL osiov22 s may be set forth therein: FILE NUMBER:A-zozz 095 essor: Brighton Investments, LLC, an Idaho Limited Liability Company and SCS Investments, LC, an Idaho Limited Liability Company Lessee: Horizon Tower Limited Parntership-II, a Kansas Limited partnership, by Horizon Tower, LLC, its operations partner Disclosed by: Memorandum of Lease Recorded: August 21, 2018 Instrument No.: 2018-079306 63. Agreement and the terms and conditions contained therein Between: Nampa & Meridian Irrigation District And: SCS Investments LLC, an Idaho Limited Liability Company, Ten Mile Crossing Inc., an Idaho corporation and Brighton Investments LLC, an Idaho Limited Liability Company Purpose: License Agreement Recorded: January 18, 2019 Instrument No.: 2019-004731 64. Facts, rights or interests which may exist or arise pursuant to an unrecorded of Survey(s) by Timberline Surveying as disclosed by various documents of record. 65. Facts, rights or interests which may exist or arise pursuant to an unrecorded of Survey(s) by Horrocks Engineering as disclosed by various documents of record. 66. Unrecorded leaseholds, if any, and the rights of vendors and holders of security interest in personal property of tenants to remove said personal property at the expiration of the term. END OF SCHEDULE B This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part 1—Requirements, and Schedule B, Part 11—Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. 72C165B ALTA Commitment for Title Insurance 8-1-16 Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND '111LE ASSUUTAilUN'