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HomeMy WebLinkAboutPZ - Title Report R t i r First Arn rr ar7 rM Commitment for Title Insurance Idaho- 2021 v.01.00(07-01-2021) Transaction Identification Data,for which the Company assumes no liability as set forth in Commitment Condition 5.e.: Issuing Agent: First American Title Insurance Company Inquiries Should Be Directed To: Issuing Office: 2150 S Bonito Way, Ste 100 , Escrow Officer: Ruth Rubel, rrubel@firstam.com, Meridian, ID 83642 (208)321-5101 Issuing Office's ALTA@ Registry ID: Title Officer: May Lin Carlsen, mcarlsen@firstam.com, (208)321-5114 Commitment No.: 4125-4239826 Issuing Office File No.: 4125-4239826 Property Address: 3471 W Chinden Blvd, Meridian, ID 83646 Parcel Number: R5330760510 Revision No.: 2 - TO AMEND LEGAL TO ADD PARCEL III AND ADD ENDORSEMENTS FOR OWNERS POLICY 3-4-25 SCHEDULE A 1. Commitment Date: February 18, 2025 at 7:30 AM 2. Policy to be issued: a. ALTA@ Standard Owner's Policy Proposed Insured: Monarch Partners LLC, an Idaho limited liability company Proposed Amount of Insurance: $1,515,888.00 Premium Amount: $4,314.00 The estate or interest to be insured: See Item 3 below (Premium amount reflects $No Available credit) b. Endorsements: 17.1, 35.3, 41.3, 39, DELETION OF ARBITRATION Premium Amount: $1,279.00 C. ALTA@ Extended Loan Policy Proposed Insured: Proposed Amount of Insurance: $ Premium Amount: $ The estate or interest to be insured: See Item 3 below (Premium amount reflects $No Available credit) 3. The estate or interest in the Land at the Commitment Date is: Fee Simple as to Parcel I and an Easement Estate as to Parcel II and Parcel III 4. The Title is, at the Commitment Date, vested in: GFI-Meridian Investments II, LLC, a Utah limited liability company This page is only a part of a 2021 AL TA Commitment for Title Insurance issued by First American 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. *Copyright 2025 First American Financial Corporation.All rights reserved. All information,data,and material created or compiled by or on behalf of First American Financial Corporation is restricted and may not be copied or used for derivative products/services without the prior express written permission of First American Financial Corporation. **Copyright 2021 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. Form 50123416(5-18-22) Page 1 of 16 #�*}i x M t#+r�� FrstArn ri an t1 rM Commitment for Title Insurance ^r' Idaho- 2021 v.01.00(07-01-2021) 5. The Land is described as follows: See Exhibit A attached hereto and made a part hereof First American Title Insurance Company —/�Y7 4�— C�V� May Lin Carlsen, Title Officer This page is only a part of a 2021 AL TA Commitment for Title Insurance issued by First American 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. *Copyright 2025 First American Financial Corporation.All rights reserved. All information,data,and material created or compiled by or on behalf of First American Financial Corporation is restricted and may not be copied or used for derivative products/services without the prior express written permission of First American Financial Corporation. **Copyright 2021 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. Form 50123416(5-18-22) Page 2 of 16 R t i r First Arn rr ar7 rM Commitment for Title Insurance Idaho- 2021 v.01.00(07-01-2021) SCHEDULE B, PART I—Requirements All of 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. Idaho state law, effective April 4, 2023, prohibits purchase or acquisition of an interest in designated real property by foreign governments. This law can be found at I.C. § 55-103. Any loss or damage incurred as a result of a violation of this law is excluded from coverage under the terms of a title insurance policy. If a Foreign Government or Foreign State-Controlled Enterprise, as defined in I.C. §55-103, is a party to this transaction, the Company must be notified in writing. The Company does not intend to knowingly close or insure a transaction that violates the referenced state law. 6. Evidence of the authority of the individual(s) to execute the forthcoming document for GFI-Meridian Investments II, LLC, a Utah limited liability company, copies of the current operating agreement should be submitted prior to closing. 7. Evidence of the authority of the individual(s) to execute the forthcoming document for Monarch Partners LLC, an Idaho limited liability company, copies of the current operating agreement should be submitted prior to closing. This page is only a part of a 2021 AL TA Commitment for Title Insurance issued by First American 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. *Copyright 2025 First American Financial Corporation.All rights reserved. All information,data,and material created or compiled by or on behalf of First American Financial Corporation is restricted and may not be copied or used for derivative products/services without the prior express written permission of First American Financial Corporation. **Copyright 2021 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. Form 50123416(5-18-22) Page 3 of 16 R t i r First Arn rr ar7 rM Commitment for Title Insurance Idaho- 2021 v.01.00(07-01-2021) SCHEDULE B, PART II—Exceptions Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law. This Commitment and the Policy treat any Discriminatory Covenant in a document referenced in Schedule B as if each Discriminatory Covenant is redacted, repudiated, removed, and not republished or recirculated. Only the remaining provisions of the document will be excepted from coverage. The Policy will not insure against loss or damage resulting from the terms and conditions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company: 1. Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records. 2. Any facts, rights, interest, or claims which are not shown by the Public Records but that could be ascertained by an inspection of the Land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances that are not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title including discrepancies, conflicts in boundary lines, shortage in area, or any other facts that would be disclosed by an accurate and complete land survey of the Land, and that are not shown in the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material, unless such lien is shown by the Public Records at Date of Policy. 7. 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. 8. General and special taxes for the year 2024, in the original amount of $4,663.98, Code Area 03, A.P. No. R5330760510, First half paid, second half now due and payable, but not delinquent until after June 20, 2025. This page is only a part of a 2021 AL TA Commitment for Title Insurance issued by First American 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. *Copyright 2025 First American Financial Corporation.All rights reserved. All information,data,and material created or compiled by or on behalf of First American Financial Corporation is restricted and may not be copied or used for derivative products/services without the prior express written permission of First American Financial Corporation. **Copyright 2021 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. Form 50123416(5-18-22) Page 4 of 16 R t i r First Arn rr ar7 rM Commitment for Title Insurance Idaho- 2021 v.01.00(07-01-2021) 9. General and Special Taxes for the year 2025, an accruing lien not due or payable until the fourth Monday in November 2025 when the bills are issued, the first half of which is not delinquent until after December 20, 2025. 10. General taxes which may be assessed and extended on any "subsequent" or 'occupancy" tax roll, which may escape assessment of the regular tax roll; which are a lien not yet due or payable. 11. Any tax, fee, assessments or charges as may be levied by City of Meridian. 12. Any tax, fee, assessments or charges as may be levied by Settlers Irrigation District. Quitclaim Deed from Harrell Lateral Water Users Association to Settlers Irrigation District recorded December 3, 2008 as Instrument No. 108129364, Ada County Records. 13. Any tax, fee, assessments or charges as may be levied by North Slough Water Users Association. 14. Any tax, fee, assessments or charges as may be levied by Lost Rapids Subdivision Owners Association. 15. Right of way for North Slough, also known as Ten Mile Ditch. 16. Any and all offers of dedication, conditions, restrictions, easements, notes and/or provisions shown or disclosed by the filed or recorded map of LOST RAPIDS SUBDIVISION, filed in Book 119 of Plats at Page 18496 through 18501, referred to in the legal description. 17. Easement, including terms and provisions contained therein: Recording Information: Book 16 of Miscellaneous Records at 229 In Favor of: Idaho Power Company For: power lines 18. INTENTIONALLY DELETED 19. INTENTIONALLY DELETED 20. All matters disclosed by a record of survey recorded July 17, 2018 under recording no. 2018-066481. This page is only a part of a 2021 AL TA Commitment for Title Insurance issued by First American 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. *Copyright 2025 First American Financial Corporation.All rights reserved. All information,data,and material created or compiled by or on behalf of First American Financial Corporation is restricted and may not be copied or used for derivative products/services without the prior express written permission of First American Financial Corporation. **Copyright 2021 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. Form 50123416(5-18-22) Page 5 of 16 R t i r First Arn rr ar7 rM Commitment for Title Insurance Idaho- 2021 v.01.00(07-01-2021) 21. Construction, Operation and Reciprocal Easement Agreement and the terms and conditions thereof: Between: GFI-Meridian Investments II, LLC, a Utah limited liability company And: Costco Wholesale Corporation, a Washington corporation Recording Information: 2018-066684 Modification and/or amendment by instrument: Recording Information: 2023-065497 22. Covenants, conditions, restrictions and/or easements; but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, family status, or national origin to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes: Recording Information: 2018-066685 23. Landscaping, Maintenance, and Access Easement Agreement and the terms and conditions thereof: Between: GFI-Meridian Investments II, LLC, a Utah limited liability company And: Costco Wholesale Corporation, a Washington corporation Recording Information: 2018-066687 24. Development Agreement and the terms and conditions thereof: Between: City of Meridian, a municipal corporation And: GFI-Meridian Investments II, LLC Recording Information: 2018-079970 25. Easement, including terms and provisions contained therein: Recording Information: 2019-077073 In Favor of: City of Meridian For: sewer and water main 26. Covenants, conditions, restrictions and easements contained in deed to the State of Idaho for adjacent land recorded September 20, 2019, as Instrument No. 2019-089965. Affects Lots 3-9 in Block 1 This page is only a part of a 2021 AL TA Commitment for Title Insurance issued by First American 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. *Copyright 2025 First American Financial Corporation.All rights reserved. All information,data,and material created or compiled by or on behalf of First American Financial Corporation is restricted and may not be copied or used for derivative products/services without the prior express written permission of First American Financial Corporation. **Copyright 2021 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. Form 50123416(5-18-22) Page 6 of 16 R t i r First Arn rr ar7 rM Commitment for Title Insurance Idaho- 2021 v.01.00(07-01-2021) 27. Easement, including terms and provisions contained therein: Recording Information: 2019-089966 In Favor of: State of Idaho, Idaho Transportation Board, by and through the Idaho Transportation Department For: utilities, irrigation and drainage facilities and/or pathways Affects Lots 3-9 in Block 1 28. License Agreement and the terms and conditions thereof: Between: Settlers Irrigation District And: GFI-Meridian Investments II, LLC, a Utah limited liability company Recording Information: 2019-090701 29. Easement, including terms and provisions contained therein: Recording Information: 2019-093523 In Favor of: North Slough Water Users Association Inc. For: irrigation facilities and pipeline Affects Lots 3-9 in Block 1 30. Temporary License Agreement and the terms and conditions thereof: Between: Ada County Highway District And: GFI-Meridian Investments II, LLC and Costco Wholesale Corporation Recording Information: 2020-020119 31. Declaration of Easements, Covenants, Conditions and Restrictions, recorded June 12, 2020, as Instrument No. 2020-071547, Records of Ada County, Idaho. Modification and/or amendment by instrument: Recording Information: 2020-171404 and 2024-033401 32. License Agreement and the terms and conditions thereof: Between: Settlers Irrigation District And: GFI-Meridian Investments II, LLC and Costco Wholesale Corporation Recording Information: 2020-086632 This page is only a part of a 2021 AL TA Commitment for Title Insurance issued by First American 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. *Copyright 2025 First American Financial Corporation.All rights reserved. All information,data,and material created or compiled by or on behalf of First American Financial Corporation is restricted and may not be copied or used for derivative products/services without the prior express written permission of First American Financial Corporation. **Copyright 2021 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. Form 50123416(5-18-22) Page 7 of 16 R t i r First Arn rr ar7 rM Commitment for Title Insurance Idaho- 2021 v.01.00(07-01-2021) 33. Easement, including terms and provisions contained therein: Recording Information: 2020-146962 In Favor of: City of Meridian For: pedestrian pathway Affects Lots 3-9 in Block 1 34. All matters disclosed by a record of survey recorded September 12, 2022 under recording no. 2022- 078691. 35. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: GFI-Meridian Investments II, LLC, a Utah limited liability company Grantee/Beneficiary: THE XLT Fund, Ltd., a Utah limited Partnership Trustee: First American Title Company, a California Corporation Amount: $6,000,000.00 Dated: September 7, 2016 Recorded: September 8, 2016 Recording Information: 2016-084623 A document recorded February 21, 2024 as Recording No. 2024-008832 , purportedly substitutes TitleOne as Trustee under the Deed of Trust/Mortgage. Affects Lots 3-12 in Block 1 36. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: GFI-Meridian Investments II, LLC, a Utah limited liability company Grantee/Beneficiary: The XLT Fund, LTD, a Utah limited partnership Trustee: TitleOne Corporation Amount: $6,000,000.00 Dated: April 12, 2018 Recorded: April 13, 2018 Recording Information: 2018-032951 A document recorded July 20, 2018 as Recording No. 2018-068018 , purportedly substitutes First American Title Insurance Company as Trustee under the Deed of Trust/Mortgage. Affects Lots 1-5, 12-15 in Block 1 This page is only a part of a 2021 AL TA Commitment for Title Insurance issued by First American 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. *Copyright 2025 First American Financial Corporation.All rights reserved. All information,data,and material created or compiled by or on behalf of First American Financial Corporation is restricted and may not be copied or used for derivative products/services without the prior express written permission of First American Financial Corporation. **Copyright 2021 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. Form 50123416(5-18-22) Page 8 of 16 #�*}i x M t#+r�� First Arn ri aR ?ldcf " Commitment for Title Insurance Idaho- 2021 v.01.00(07-01-2021) 37. Unrecorded leaseholds, if any, rights of vendors and security agreement on personal property and rights of tenants, and secured parties to remove trade fixtures at the expiration of the term. 38. Any off-record facts, encumbrances, easements or possessory claims, a survey or inspection would disclose. This page is only a part of a 2021 AL TA Commitment for Title Insurance issued by First American 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. *Copyright 2025 First American Financial Corporation.All rights reserved. All information,data,and material created or compiled by or on behalf of First American Financial Corporation is restricted and may not be copied or used for derivative products/services without the prior express written permission of First American Financial Corporation. **Copyright 2021 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. Form 50123416(5-18-22) Page 9 of 16 R t i r First Arn rr ar7 rM Commitment for Title Insurance Idaho- 2021 v.01.00(07-01-2021) INFORMATIONAL NOTES A. This is an accommodation and not part of this commitment, no liability is assumed by noting the following: The parties disclosed in Schedule A, Section 3 were derived from Quitclaim Deed, recorded September 12, 2022, as Instrument No. 2022-078692, Records of Ada County, Idaho. Additional Conveyances involving the parties disclosed in Schedule A, Section 3 which have recorded within the last 24 months: None B. General taxes for the year 2023, which have been paid. Tax Account No.: R5330760510 Code Area: 03 Amount: $ 5,035.64 Assessed Land Value: $ Assessed Improvement Value: $ C. A cancellation fee may be charged on any order canceled after the date of the Commitment. NOTE: Recording fees: $10.00 for the first page and $3.00 per page for every page thereafter. (i) Deeds, grants and conveyances of real property ..........$15.00 (ii) Trust deeds or mortgages of real property, including fixture filings, security agreements and assignments of leases and rents if contained within the same instrument for recording ............$45.00 (iii) Reconveyances of trust deeds, including a substitution of trustee if contained within the same instrument for recording, and releases of mortgages ..............................$15.00 (iv) Powers of attorney ........................$25.00 Additional $2.25 per document electronic recording fee. This page is only a part of a 2021 AL TA Commitment for Title Insurance issued by First American 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. *Copyright 2025 First American Financial Corporation.All rights reserved. All information,data,and material created or compiled by or on behalf of First American Financial Corporation is restricted and may not be copied or used for derivative products/services without the prior express written permission of First American Financial Corporation. **Copyright 2021 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. Form 50123416(5-18-22) Page 10 of 16 FrstArn rr an ?1t1 7M Commitment for Title Insurance Idaho- 2021 v.01.00(07-01-2021) EXHIBIT A The Land referred to herein below is situated in the County of Ada, State of Idaho, and is described as follows: PARCEL I: PARCEL B OF RECORD OF SURVEY NO. 13628 RECORDED SEPTEMBER 12, 2022 AS INSTRUMENT NO. 2022-078691, RECORDS OF ADA COUNTY, IDAHO BEING MORE PARTICULARITY DESCRIBED AS FOLLOWS: A PARCEL OF LAND BEING A PORTION OF LOT 5, BLOCK 1 OF LOST RAPIDS SUBDIVISION (BOOK 119 OF PLATS, PAGES 18496- 18501, RECORDED AS INSTRUMENT NO. 2020-160084), SITUATED IN THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 27, TOWNSHIP 4NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO AND BEING MORE PARTICULARITY DESCRIBED AS FOLLOWS: BEGINNING AT A FOUND 1/2-INCH REBAR MARKING THE NORTHEAST CORNER OF SAID LOT 5, WHICH BEARS S89017'35"E A DISTANCE OF 359.26 FEET FROM A FOUND 5/8-INCH REBAR MARKING THE NORTHWEST CORNER OF LOT 4, BLOCK 1 OF SAID LOST RAPIDS SUBDIVISION; THENCE FOLLOWING THE EASTERLY BOUNDARY LINE OF SAID LOT 5, S00°00'18"E A DISTANCE OF 302.83 FEET TO A FOUND 1/2- INCH REBAR MARKING THE SOUTHEAST CORNER OF SAID LOT 5; THENCE LEAVING SAID EASTERLY BOUNDARY LINE AND FOLLOWING THE SOUTHERLY BOUNDARY LINE OF SAID LOT 5, N89°17'16"W A DISTANCE OF 125.01 FEET; THENCE LEAVING SAID SOUTHERLY BOUNDARY LINE, N00°00'18"W A DISTANCE OF 302.82 FEET TO THE NORTHERLY BOUNDARY LINE OF SAID LOT 5; THENCE FOLLOWING SAID NORTHERLY BOUNDARY LINE, S89°17'35"E A DISTANCE OF 125.01 FEET TO THE POINT OF BEGINNING. PARCEL II: EASEMENT RIGHTS AS CONTAINED IN DECLARATION OF EASEMENTS, COVENANTS, CONDITIONS AND RESTRICTIONS, RECORDED JUNE 12, 2020, AS INSTRUMENT NO. 2020-071547, RECORDS OF ADA COUNTY, IDAHO. PARCEL III: EASMENT RIGHTS AS CONTAINED IN CONSTRUCTION, OPERATION AND RECIPROCAL EASEMENT AGREEMENT, RECORDED JULY 17, 2018, AS INSTRUMENT NO. 2018-066684, RECORDS OF ADA COUNTY, IDAHO. APN: R5330760510 This page is only a part of a 2021 AL TA Commitment for Title Insurance issued by First American 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. *Copyright 2025 First American Financial Corporation.All rights reserved. All information,data,and material created or compiled by or on behalf of First American Financial Corporation is restricted and may not be copied or used for derivative products/services without the prior express written permission of First American Financial Corporation. **Copyright 2021 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. Form 50123416(5-18-22) Page 11 of 16 #�*}i x M t#+r�� First Arn ri aR ?ldcf " Commitment for Title Insurance Idaho- 2021 v.01.00(07-01-2021) This page is only a part of a 2021 AL TA Commitment for Title Insurance issued by First American 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. *Copyright 2025 First American Financial Corporation.All rights reserved. All information,data,and material created or compiled by or on behalf of First American Financial Corporation is restricted and may not be copied or used for derivative products/services without the prior express written permission of First American Financial Corporation. **Copyright 2021 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. Form 50123416(5-18-22) Page 12 of 16 Fir tArn rr an ?1t1 7M Commitment for Title Insurance Idaho- 2021 v.01.00(07-01-2021) ALTA COMMITMENT FOR TITLE INSURANCE issued by FIRST AMERICAN 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, First American Title Insurance Company, a Nebraska 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 Amount of Insurance and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met within six months after the Commitment Date, this Commitment terminates and the Company's liability and obligation end. FIRST AMERICAN TITLE INSURANCE COMPANY OL� p, By. By: Kenneth D. DeGiorgio, President Lisa W. Cornehl, Secretari This page is only a part of a 2021 AL TA Commitment for Title Insurance issued by First American 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. *Copyright 2025 First American Financial Corporation.All rights reserved. All information,data,and material created or compiled by or on behalf of First American Financial Corporation is restricted and may not be copied or used for derivative products/services without the prior express written permission of First American Financial Corporation. **Copyright 2021 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. Form 50123416(5-18-22) Page 13 of 16 R t i r First Arn rr ar7 rM Commitment for Title Insurance Idaho- 2021 v.01.00(07-01-2021) COMMITMENT CONDITIONS 1. DEFINITIONS a. "Discriminatory Covenant": Any covenant, condition, restriction, or limitation that is unenforceable under applicable law because it illegally discriminates against a class of individuals based on personal characteristics such as race, color, religion, sex, sexual orientation, gender identity, familial status, disability, national origin, or other legally protected class. b. "Knowledge" or "Known": Actual knowledge or actual notice, but not constructive notice imparted by the Public Records. C. "Land": The land described in Item 5 of Schedule A and improvements located on that land that by State law constitute real property. The term "Land" does not include any property beyond that described in Schedule A, nor any right, title, interest, estate, or easement in any abutting street, road, avenue, alley, lane, right-of-way, body of water, or waterway, but does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. d. 'Mortgage": A mortgage, deed of trust, trust deed, security deed, or other real property security instrument, including one evidenced by electronic means authorized by law. e. "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. f. "Proposed Amount of Insurance": Each dollar amount specified in Schedule A as the Proposed Amount of Insurance of each Policy to be issued pursuant to this Commitment. g. 'Proposed Insured": Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. h. "Public Records": The recording or filing system established under State statutes in effect at the Commitment Date under which a document must be recorded or filed to impart constructive notice of matters relating to the Title to a purchaser for value without Knowledge. The term "Public Records" does not include any other recording or filing system, including any pertaining to environmental remediation or protection, planning, permitting, zoning, licensing, building, health, public safety, or national security matters. i. 'State": The state or commonwealth of the United States within whose exterior boundaries the Land is located. The term "State" also includes the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, and Guam. j. 'Title": The estate or interest in the Land identified in Item 3 of 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; This page is only a part of a 2021 AL TA Commitment for Title Insurance issued by First American 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. *Copyright 2025 First American Financial Corporation.All rights reserved. All information,data,and material created or compiled by or on behalf of First American Financial Corporation is restricted and may not be copied or used for derivative products/services without the prior express written permission of First American Financial Corporation. **Copyright 2021 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. Form 50123416(5-18-22) Page 14 of 16 R t i r First Arn rr ar7 rM Commitment for Title Insurance Idaho- 2021 v.01.00(07-01-2021) 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 is not liable for any other amendment to this Commitment. S. 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. b. The Company is not 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. C. The Company is only liable 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. d. The Company's liability does not exceed the lesser of the Proposed Insured's actual expense incurred in good faith and described in Commitment Condition 5.a. or the Proposed Amount of Insurance. e. The Company is not liable for the content of the Transaction Identification Data, if any. f. The Company is not 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. g. The Company's liability is further limited by the terms and provisions of the Policy to be issued to the Proposed Insured. 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT; CHOICE OF LAW AND CHOICE OF FORUM 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 under the State law of the State where the Land is located and is restricted to the terms and provisions of this Commitment. Any litigation or other proceeding brought by the Proposed Insured against the Company must be filed only in a State or federal court having jurisdiction. C. This Commitment, as last revised, is the exclusive and entire agreement between the This page is only a part of a 2021 AL TA Commitment for Title Insurance issued by First American 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. *Copyright 2025 First American Financial Corporation.All rights reserved. All information,data,and material created or compiled by or on behalf of First American Financial Corporation is restricted and may not be copied or used for derivative products/services without the prior express written permission of First American Financial Corporation. **Copyright 2021 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. Form 50123416(5-18-22) Page 15 of 16 R t i r First Arn rr ar7 rM Commitment for Title Insurance Idaho- 2021 v.01.00(07-01-2021) 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 IS 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 closing, settlement, escrow, or any other purpose. S. 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. CLAIMS PROCEDURES This Commitment incorporates by reference all Conditions for making a claim in the Policy to be issued to the Proposed Insured. Commitment Condition 9 does not modify the limitations of liability in Commitment Conditions 5 and 6. 10. CLASS ACTION ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS COMMITMENT, INCLUDING ANY SERVICE OR OTHER MATTER IN CONNECTION WITH ISSUING THIS COMMITMENT, ANY BREACH OF A COMMITMENT PROVISION, OR ANY OTHER CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO THE TRANSACTION GIVING RISE TO THIS COMMITMENT, MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY. NO PARTY MAY SERVE AS PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY CLASS OR REPRESENTATIVE PROCEEDING. ANY POLICY ISSUED PURSUANT TO THIS COMMITMENT WILL CONTAIN A CLASS ACTION CONDITION. 11. ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Amount of Insurance is $2,000,000 or less may be arbitrated at the election 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 2021 AL TA Commitment for Title Insurance issued by First American 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. *Copyright 2025 First American Financial Corporation.All rights reserved. All information,data,and material created or compiled by or on behalf of First American Financial Corporation is restricted and may not be copied or used for derivative products/services without the prior express written permission of First American Financial Corporation. **Copyright 2021 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. Form 50123416(5-18-22) Page 16 of 16