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HomeMy WebLinkAboutPZ - Deed of Trust 1, ` RECORDING ADA COUNTY RECORDER Christopher D. Rich 2018-032951 BOISE IDAHO Pgs=4 LISA BATT 04/13/2018 12:29 PM AFTER RECORDING MAIL TO: TITLEONE BOISE $45.00 GFI—Meridian Investments II,LLC Attn: Trevor Gasser 74 East 500 South, Suite 200 Bountiful,Utah 84010 DEED OF TRUST THIS DEED OF TRUST, made this� day of April, 2018, between GFI-MERIDIAN INVESTMENTS II, LLC, a Utah limited liability company, as GRANTOR, whose address is 74 East 500 South, Suite 200, Bountiful, Utah 84010, and TITLEONE CORPORATION, as TRUSTEE, whose address is 1101 W. River Street, Suite 201, Boise, ID 83702, and THE XLT FUND, LTD., a Utah limited partnership, as BENEFICIARY, whose address is 74 East 500 South, Suite 200, Bountiful,Utah 84010. WITNESSETH: That Grantor does hereby irrevocably GRANT, BARGAIN, SELL AND CONVEY TO TRUSTEE IN TRUST, WITH POWER OF SALE, that property in the County of Ada, State of Idaho, described as follows: (See Exhibit A Attached Hereto) APN: SO427141815; SO427110023; and SO427141803 TOGETHER WITH the rents, issues, and profits thereof, SUBJECT, HOWEVER, to the right, power and authority hereinafter given to and conferred upon Beneficiary to collect and apply such rents, issues and profits for the purpose of securing payment of the indebtedness evidenced by a promissory note, of even date herewith, executed by Grantor in the sum of Six Million and No/100 Dollars ($6,000,000.00) and to secure payment of all such further sums as may hereafter be loaned or advanced by the Beneficiary herein to the Grantor herein, or any or either of them, while record owner of present interest, for any purpose, and of any notes, drafts or other instruments representing such further loans, advances or expenditures together with interest on all such sums at the rate therein provided. Provided, however, that the making of such further loans, advances or expenditures shall be optional with the Beneficiary, and provided, further, that it is the express intention of the parties to this Deed of Trust that it shall stand as continuing security until paid for all such advances together with interest thereon. Page 1 of 4 Request is hereby made that a copy of any Notice of Default and a copy of any Notice of Sale hereunder be mailed to the Grantor at its address hereinbefore set forth. GFI—MERIDIAN INVESTMENTS II, LLC a Utah limited liability company 07 By: Trevor Gasser, Mahager STATE OF UTAH ) ss: COUNTY OF s ) On this IZ- day of April, 2018, before me, a Notary Public in and for said State, personally appeared Trevor Gasser, as Manager of GFI—MERIDIAN INVESTMENTS II, LLC, known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. In witness whereof, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. por it Af ts"— DAN BADDLEY Notary Public for the Sta i&of Utah NOTARYPU&JC•STATEOFUTAH � COMMISSION N0.695255 COMM.EXP.05HL1021 My Commission Expires: Z Page 2 of 4 Exhibit A Legal Description Parcel 1: A parcel of land situated in the Northeast quarter of Section 27, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho and being more particularly described as follows: Commencing at a found aluminum cap monument marking the Northeast corner of said Section 27, which bears South 89°17'35" East a distance of 2647.29 feet from a found aluminum cap monument marking the North quarter corner of said Section 27; thence following the Easterly line of said Northeast quarter South 00°20'42" West a distance of 848.33 feet to the Point of Beginning; thence continuing along said Easterly line South 00°20'42" West a distance of 649.90 feet;thence leaving said Easterly line North 89°39'18" West a distance of 184.82 feet to the Northerly right-of-way line of West Lost Rapids Drive; thence following said Northerly right-of-way line the following six (6) courses: 1. 217.83 feet along the arc of a circular curve to the right, said curve having a radius of 1337.50 feet, a delta angle of 09019'53", a chord bearing of North 84°59'21" West and a chord distance of 217.59 feet; 2. 251.24 feet along the arc of a circular curve to the right, said curve having a radius of 1337.50 feet, a delta angle of 10°45'45", a chord bearing of North 74°56'32" West and a chord distance of 250.87 feet; 3. 21.51 feet along the arc of a reverse circular curve to the left, said curve having a radius of 314.50 feet, a delta angle of 03°55'10", a chord bearing of North 719 V 15" West and a chord distance of 21.51 feet; 4.North 73°28'50" West a distance of 45.22 feet; 5. 42.76 feet along the arc of a circular curve to the right, said curve having a radius of 285.50 feet, a delta angle of 08°3453", a chord bearing of North 69'11'21" West and a chord distance of 42.72 feet; 6. 95.49 feet along the arc of a compound circular curve to the right, said curve having a radius of 1345.50 feet, a delta angle of 04°03'58", a chord bearing of North 62°52'01" West and a chord distance of 95.47 feet; thence leaving said Northerly right-of-way line North 00°20'42" East a distance of 496.61 feet; thence South 89°17'07" East a distance of 833.47 feet to the Point of Beginning. APN: SO427141815; SO427110023; and SO427141803 Parcel 2: A parcel of land situated in the Northeast quarter of Section 27, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho and being more particularly described as follows: Page 3 of 4 Commencing at a found aluminum cap monument marking the North quarter corner of said Section 27, which bears North 89°17'35" West a distance of 2647.29 feet from a found aluminum cap monument marking the Northeast corner of said Section 27; thence following the Northerly line of said Northeast quarter South 89'17'35" East a distance of 1459.29 feet;thence leaving said Northerly line South 00°42'24" West a distance of 40.00 feet to the Southerly right-of-way line of W. Chinden Boulevard and being the Point of Beginning; thence following said Southerly right- of-way line South 89°17'35" East a distance of 354.78 feet; thence leaving said Southerly right-of-way line South 00020'42" West a distance of 349.81 feet;thence North 89°17'16" West a distance of 356.99 feet; thence North 00°42'24" East a distance of 349.77 feet to the Point of Beginning. APN: SO427110023 Page 4 of 4