HomeMy WebLinkAboutPZ - Title Insurance ALTA COMMITMENT FOR TITLE INSURANCE
Commitment Number:
Issued By:
CHICA O TITLE 34602542551
[NSURANCE 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 one hundred eighty (180) days after the
Commitment Date, this Commitment terminates and the Company's liability and obligation end.
Chicago Title Insurance Company
By:
Michael J. Nolan, President
Countersigned By: Attest:
Sandee Balmer, Commercial Title Officer Marjorie Nemzura, Secretary
Authorized Officer or Agent
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; Schedule B, Part II-Exceptions; and a
counter-signature by the Company or its issuing agent that may be in electronic form.
AMEICAN
Copyright American Land Title Association. All rights reserved. LAND TITLE
LAND T
ASSOCIATION
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(07/01/2021) Printed: 01.21.25 @ 07:07 PM
Page ID-FT-FXEA-03460.216263-SPS-1-25-34602542551
CHICAGO TITLE INSURANCE COMPANY COMMITMENT NO. 34602542551
Transaction Identification Data for reference only:
ISSUING OFFICE: FOR SETTLEMENT INQUIRIES, CONTACT:
Title Officer: Sandee Balmer
Fidelity National Title Company
485 East Riverside Dr., Suite 200
Eagle, ID 83616
Phone: 208-333-3576
Main Phone: (208)377-3190
Email: Sandee.Balmer@fnf.com
Order Number: 34602542551
Property Address: 445 S. Innovation Lane, Meridian, ID 83642
SCHEDULE A
1. Commitment Date: January 15, 2025 at 07:30 AM
2. Policy to be issued:
(a) ALTA Owner's Policy 2021 Extended
Proposed Insured: The Habit Restaurants, LLC, a Delaware limited liability company
Proposed Policy Amount: $450,000.00
Premium: $ 2,672.00
ALTA 13-06 - Leasehold $ No Charge
Total: $ 2,672.00
3. The estate or interest in the Land described or referred to in this Commitment is:
Fee Simple
4. The Title is, at the Commitment Date, vested in:
BVB Ten Mile Crossing Annex, LLC, an Idaho limited liability company, as to an undivided 1/3 interest; DWT
Investments, LLC, an Idaho limited liability company, as to an undivided 1/3 interest; SCS Investments LLC, an
Idaho limited liability company, as to an undivided 1/3 interest
5. The Land is described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
END OF SCHEDULE A
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; Schedule B, Part II-Exceptions; and a
counter-signature by the Company or its issuing agent that may be in electronic form.
AMEICAN
Copyright American Land Title Association. All rights reserved. LAND TITLE
LAND T
ASSOCIATION
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(07/01/2021) Printed: 01.21.25 @ 07:07 PM
Page 2 ID-FT-FXEA-03460.216263-SPS-1-25-34602542551
EXHIBIT "A"
Legal Description
Land Situated in the State of Idaho, County of Ada, City of Meridian.
A parcel of Land being a portion of Lot 5, Block 1 of TM CENTER SUBDIVISION NO. 1 (Book 124 of Plats, Pages
19861-19863), shown as Parcel B on Record of Survey No. 13825, recorded February 10, 2023, as Instrument No.
2023-008463, situated in the Southwest 1/4 of the Northwest 1/4 of Section 14, Township 3 North, Range 1 West, Boise
Meridian, City of Meridian, Ada County, Idaho, and being more particularly described as follows:
BEGINNING at a found 1/2-inch rebar marking the Northeast corner of said Lot 5, which bears South 89°26'27" East, a
distance of 338.00 feet from a found 1/2-inch rebar marking the Northwest corner of said Lot 5; thence
Following the Easterly boundary line of said Lot 5,
South 00°33'33" West, a distance of 157.82 feet to a set 5/8-inch rebar; thence leaving said Easterly boundary line,
North 89°26'27"West, a distance of 43.50 feet to a set 5/8-inch rebar; thence
North 00°33'33" East, a distance of 9.00 feet to a set 5/8-inch rebar; thence
North 89°26'27"West, a distance of 294.50 feet to a set 5/8-inch rebar on the Westerly boundary line of said Lot 5;
thence
Following said Westerly boundary line,
North 00°33'33" East, a distance of 148.82 feet to a found 1/2-inch rebar marking said Northwest corner of Lot 5; thence
Leaving said Westerly boundary line and following the Northerly boundary line of said Lot 5,
South 89°26'27" East, a distance of 338.00 feet to the POINT OF BEGINNING.
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; Schedule B, Part II-Exceptions; and a
counter-signature by the Company or its issuing agent that may be in electronic form.
AMEICAN
Copyright American Land Title Association. All rights reserved. LAND TITLE
LAND T
ASSOCIATION
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(07/01/2021) Printed: 01.21.25 @ 07:07 PM
Page 3 ID-FT-FXEA-03460.216263-SPS-1-25-34602542551
CHICAGO TITLE INSURANCE COMPANY COMMITMENT NO. 34602542551
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. The Company will require the following documents for review prior to the issuance of any title insurance
predicated upon a conveyance or encumbrance from the entity named below.
Limited Liability Company: BVB Ten Mile Crossing Annex, LLC
DWT Investments LLC
SCS Investments LLC
a. A copy of its operating agreement, if any, and any and all amendments, supplements and/or
modifications thereto, certified by the appropriate manager or member.
b. If a domestic Limited Liability Company, a copy of its Articles of Organization and all amendment
thereto with the appropriate filing stamps.
c. If the Limited Liability Company is member-managed a full and complete current list of members
certified by the appropriate manager or member.
d. A current dated certificate of good standing from the proper governmental authority of the state in which
the entity was created
e. If less than all members, or managers, as appropriate, will be executing the closing documents,
furnish evidence of the authority of those signing.
The Company reserves the right to add additional items or make further requirements after review of the
requested documentation.
6. The Company will require the following documents for review prior to the issuance of any title insurance
predicated upon a conveyance or encumbrance from the entity named below.
Limited Liability Company: The Habit Restaurants, LLC, a Delaware limited liability company
a. A copy of its operating agreement, if any, and any and all amendments, supplements and/or
modifications thereto, certified by the appropriate manager or member.
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; Schedule B, Part II-Exceptions; and a
counter-signature by the Company or its issuing agent that may be in electronic form.
AM
Copyright American Land Title Association. All rights reserved. LAN DICAN
LAND TITLE
ASSOCIATION
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(07/01/2021) Printed: 01.21.25 @ 07:07 PM
Page 4 ID-FT-FXEA-03460.216263-SPS-1-25-34602542551
CHICAGO TITLE INSURANCE COMPANY COMMITMENT NO. 34602542551
SCHEDULE B, PART I
REQUIREMENTS
(continued)
b. If a domestic Limited Liability Company, a copy of its Articles of Organization and all amendment
thereto with the appropriate filing stamps.
c. If the Limited Liability Company is member-managed a full and complete current list of members
certified by the appropriate manager or member.
d. A current dated certificate of good standing from the proper governmental authority of the state in which
the entity was created
e. If less than all members, or managers, as appropriate, will be executing the closing documents,
furnish evidence of the authority of those signing.
The Company reserves the right to add additional items or make further requirements after review of the
requested documentation.
7. With request for any Owners Extended Coverage, the Company will require an ALTA/NSPS LAND TITLE
SURVEY. If the owner of the Land the subject of this transaction is in possession of a current ALTA/NSPS LAND
TITLE SURVEY, the Company will require that said survey be submitted for review and approval; otherwise, a
new survey, satisfactory to the Company, must be prepared by a licensed land surveyor and supplied to the
Company prior to the close of escrow.
8. The Company requires the following matters to be cleared to our satisfaction before we will issue any ALTA
Extended Coverage policy:
a. Questions of survey
b. Rights of persons in possession
c. Material or labor liens
d. Rights or claims for easements not of record
9. The Company will require a full copy of the lease to be insured, together with all supplements, assignments and
amendments for review. If a memorandum or short form of the lease is to be recorded, a full copy of the
executed lease is still required.
The Company reserves the right to add additional items or make further requirements after review of the
requested documentation.
10. Furnish recording instructions with the documents to be recorded in this transaction. Said instructions must
address each requirement made herein, list any endorsements to be issued with the policy and specify the
recording order of any documents furnished.
The Company reserves the right to add additional items or make further requirements after review of the
requested instructions prior to recording the documents or issuing any requested endorsement.
The Company also reserves the right to charge any applicable additional fees for any endorsement requested.
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; Schedule B, Part II-Exceptions; and a
counter-signature by the Company or its issuing agent that may be in electronic form.
AMEICAN
Copyright American Land Title Association. All rights reserved. LAND TITLE
LAND T
ASSOCIATION
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(07/01/2021) Printed: 01.21.25 @ 07:07 PM
Page 5 ID-FT-FXEA-03460.216263-SPS-1-25-34602542551
CHICAGO TITLE INSURANCE COMPANY COMMITMENT NO. 34602542551
SCHEDULE B, PART I
REQUIREMENTS
(continued)
11. The Company reserves the right to impose additional requirements or add exceptions that may become
necessary once any additional terms of this transaction have been disclosed and/or upon review of this
commitment by underwriting counsel.
END OF SCHEDULE B, PART I
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; Schedule B, Part II-Exceptions; and a
counter-signature by the Company or its issuing agent that may be in electronic form.
AMEICAN
Copyright American Land Title Association. All rights reserved. LAND TITLE
LAND T
ASSOCIATION
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(07/01/2021) Printed: 01.21.25 @ 07:07 PM
Page 6 ID-FT-FXEA-03460.216263-SPS-1-25-34602542551
CHICAGO TITLE INSURANCE COMPANY COMMITMENT NO. 34602542551
SCHEDULE B, PART 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:
GENERAL EXCEPTIONS
1. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by
an inspection of the Land or that may be asserted by persons in possession of the Land.
2. Easements, liens or encumbrances, or claims thereof, 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 and not shown by the Public Records.
4. Any lien or right to a lien for services, labor or material not shown by the Public Records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance
thereof; (c) Indian treaty or aboriginal rights, including, but not limited to, easements or equitable servitudes; or,
(d)water rights, claims or title to water, whether or not the matters excepted under (a), (b), (c) or(d) are shown
by the public records.
6. (a)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; (b) proceedings by a public agency that 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.
7. Any service, installation, connection, maintenance or construction charges for sewer, water, electricity, or
garbage collection or disposal or other utilities unless shown as an existing lien by the public records.
8. 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.
Paragraphs 1 through 8 will not appear as printed exceptions on extended coverage loan policies, except as to
such parts thereof which may be typed as shown below.
SPECIAL EXCEPTIONS
9. Water rights, claims or title to water, whether or not disclosed by the Public Records.
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; Schedule B, Part II-Exceptions; and a
counter-signature by the Company or its issuing agent that may be in electronic form.
AMEICAN
Copyright American Land Title Association. All rights reserved. LAND TITLE
LAND T
ASSOCIATION
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(07/01/2021) Printed: 01.21.25 @ 07:07 PM
Page 7 ID-FT-FXEA-03460.216263-SPS-1-25-34602542551
CHICAGO TITLE INSURANCE COMPANY COMMITMENT NO. 34602542551
SCHEDULE B, PART II
EXCEPTIONS
(continued)
10. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof.
11. Any off record facts, encumbrances, easements or possessory claims, a survey or inspection would disclose.
12. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be
levied for the year 2025.
13. Liens, levies and assessments of the CITY OF MERIDIAN. No search has been made.
14. Levies and assessments of the NAMPA MERIDIAN IRRIGATION DISTRICT, and the rights, powers and
easements of said district as by law provided. No search has been made.
15. Terms, conditions, provisions, easements and obligations set forth in that certain Agreement for Use of Irrigation
Water
Between: Earl F. Cranston and John E. Voorhees and Floyd Tolleth, Mrs. Maude M. Gilbert and E.M. Varin
Recorded: August 2, 1920
Instrument No: 88910/Book 9 of Contracts at Page 622, of Official Records.
NW1/4, SW1/4 and SE1/4 of Section 14
16. Terms, conditions, provisions, easements and obligations set forth in that certain Agreement for Use of Irrigation
Water
By and Between: Elton C. Clapp and Emily Clapp, husband and wife, and Nellie J. Neitzel and Serafin Lopez De
Vinaspre and Maude M. Goulding and Lowell Manchester
Recorded: July 15, 1940
Instrument No: 198669/Book 16 of Contracts at Page 605, of Official Records.
Section 14 and other property
17. Terms, conditions, provisions, easements and obligations set forth in that certain Development Agreement
By and Between: City of Meridian and Treasure Valley Investments, LLC, an Idaho limited liability company
Recorded: August 13, 2014
Instrument No: 2014-065514, of Official Records.
18. Terms, conditions, provisions, easements and obligations set forth in that certain Memorandum of Tenancy in
Common Agreement
By and Between: DWT Investments LLC, an Idaho limited liability company, and SCS Investments LLC, an
Idaho limited liability company, and BVB Ten Mile Crossing Annex, LLC, an Idaho limited liability company
Recorded: November 4, 2019
Instrument No: 2019-109476, of Official Records.
19. Terms, conditions, provisions, easements and obligations set forth in that certain Development Agreement
By and Between: City of Meridian, and SCS Brighton, LLC, and SCS Brighton II, LLC, and DWT Investments,
LLC, and SCS Investments, LLC, and SCS TM Creek, LLC, and Brighton Land Holdings, LLC, and Ten Mile
Crossing, Inc.
Recorded: June 9, 2021
Instrument No: 2021-089157, of Official Records.
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; Schedule B, Part II-Exceptions; and a
counter-signature by the Company or its issuing agent that may be in electronic form.
AMEICAN
Copyright American Land Title Association. All rights reserved. LAND TITLE
LAND T
ASSOCIATION
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(07/01/2021) Printed: 01.21.25 @ 07:07 PM
Page 8 ID-FT-FXEA-03460.216263-SPS-1-25-34602542551
CHICAGO TITLE INSURANCE COMPANY COMMITMENT NO. 34602542551
SCHEDULE B, PART II
EXCEPTIONS
(continued)
20. Terms, conditions, provisions, easements and obligations set forth in that certain Declaration of Use Restrictions
Between: DWT Investments LLC, an Idaho limited liability company, and SCS Investments LLC, an Idaho limited
liability company, and BVB Ten Mile Crossing Annex, LLC, an Idaho limited liability company, and BVASB Ten
Mile Retail Food Building, LLC, an Idaho limited liability company and IHC Health Services, Inc., a Utah nonprofit
corporation
Recorded: April 5, 2022
Instrument No: 2022-033654, of Official Records.
21. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited
to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability,
handicap, national origin, ancestry, source of income, gender, gender identity, gender expression, medical
condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said
covenant or restriction is permitted by applicable law, as set forth in the Declaration of Covenants, Conditions,
Restrictions and Easements.
Recording Date: June 15, 2022
Recording No: 2022-056102
22. Terms, conditions, provisions, easements and obligations set forth in that certain Declaration of Exclusive Use
Between: BVB Ten Mile Crossing Annex, LLC, an Idaho limited liability company, and DWT Investments LLC, an
Idaho limited liability company, and SCS Investments LLC, an Idaho limited liability company
Recorded: June 17, 2022
Instrument No: 2022-056904, of Official Records.
23. Terms, conditions, provisions, easements and obligations set forth in that certain Temporary License Agreement
By and Between: The Ada County Highway District and DWT Investments, LLC, and BVB Ten Mile Crossing
Annex, LLC, and SCS Investments, LLC
Recorded: July 15, 2022
Instrument No: 2022-064017, of Official Records.
24. Terms, conditions, provisions, easements and obligations set forth in that certain Declaration and Grant of Utility
and Cross-Access Easement
Between: DWT Investments LLC, an Idaho limited liability company and SCS Investments LLC, an Idaho limited
liability company, and BVB Ten Mile Crossing Annex, LLC, an Idaho limited liability company, as tenants in
common
Recorded: August 8, 2022
Instrument No: 2022-070286, of Official Records.
25. Easement(s)for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to: The City of Meridian
Purpose: Sanitary Sewer and Water Main
Recording Date: August 17, 2022
Recording No: 2022-072452
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; Schedule B, Part II-Exceptions; and a
counter-signature by the Company or its issuing agent that may be in electronic form.
AM
Copyright American Land Title Association. All rights reserved. LAN DICAN
LAND TITLE
ASSOCIATION
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(07/01/2021) Printed: 01.21.25 @ 07:07 PM
Page 9 ID-FT-FXEA-03460.216263-SPS-1-25-34602542551
CHICAGO TITLE INSURANCE COMPANY COMMITMENT NO. 34602542551
SCHEDULE B, PART II
EXCEPTIONS
(continued)
26. Easements, reservations, restrictions and dedication, if any, as shown on the official plat of said TM Center
Subdivision No. 1, according to the official plat thereof, filed in Book 124 at Page(s) 19861-19863, records of
Ada County, Idaho.
27. Central District Health Department Final Plat Approval Letter
Recording Date: October 18, 2022
Recording No.: 2022-087149
28. Terms, conditions, provisions, easements and obligations set forth in that certain Declaration of Exclusive Use
Between: BVB Ten Mile Crossing Annex, LLC, an Idaho limited liability company and DWT Investments LLC, an
Idaho limited liability company, and SCS Investments LLC, an Idaho limited liability company, as tenants in
common
Recorded: November 15, 2022
Instrument No: 2022-093276, of Official Records.
29. Matters as disclosed by Record of Survey No. 13825
Recorded: February 10, 2023
Instrument No: 2023-008463, of Official Records.
30. A Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing, to secure an
indebtedness in the amount shown below.
Amount: $10,190,864.00
Dated: November 2, 2023
Trustor/Grantor: BVB Ten Mile Crossing Annex, LLC, an Idaho limited liability company, and DWT
Investments LLC, an Idaho limited liability company, and SCS Investments LLC, an Idaho limited liability
company
Trustee: U.S. Bank Trust Company, N.A.
Beneficiary: U.S. Bank National Association
Recording Date: December 6, 2023
Recording No: 2023-068191
Includes other property
31. An unrecorded lease with exclusive use resrictions as disclosed by a Subordination, Nondisturbance and
Attornment Agreement, and the terms and conditions thereof.
Lender: U.S. Bank National Association
Tenant: Chick-Fil-A, Inc., a Georgia corporation
Landlord: BVB Ten Mile Crossing Annex, LLC, an Idaho limited liability company, DWT Investments
LLC, an Idaho limited liability company, and SCS Investments LLC, an Idaho limited liability company
Recording Date: May 28, 2024
Recording No: 2024-028204
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; Schedule B, Part II-Exceptions; and a
counter-signature by the Company or its issuing agent that may be in electronic form.
AM
Copyright American Land Title Association. All rights reserved. LAN DICAN
LAND TITLE
ASSOCIATION
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(07/01/2021) Printed: 01.21.25 @ 07:07 PM
Page10 ID-FT-FXEA-03460.216263-SPS-1-25-34602542551
CHICAGO TITLE INSURANCE COMPANY COMMITMENT NO. 34602542551
SCHEDULE B, PART II
EXCEPTIONS
(continued)
32. Easement(s)for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to: The City of Meridian
Purpose: Water Main Easement
Recording Date: May 15, 2024
Recording No: 2024-025820
33. Unrecorded leaseholds, if any; rights of parties in possession other than the vestees herein; rights of chattel
mortgagees and vendors under conditional sales contracts of personal property installed on the premises herein;
and the rights of tenants to remove trade fixtures.
END OF EXCEPTIONS
NOTES
Note A: NOTE: According to the records of the County Assessor's office,
Parcel No.: R8483120105
Code Area: 03
General Taxes for the year 2024 were $1,413.28 - Paid
Parcel B
Note B: Note: The last conveyance affecting said Land as of the date of this report is as follows:
Quitclaim Deed
Grantor: BVB Ten Mile Crossing Annex, LLC, an Idaho limited liability company, as to an
undivided 1/3 interest, and DWT Investments, LLC, an Idaho limited liability company, as to an
undivided 1/3 interest, and SCS Investments LLC, an Idaho limited liability company, as to an undivided
1/3 interest
Grantee: BVB Ten Mile Crossing Annex, LLC, an Idaho limited liability company, as to an
undivided 1/3 interest, and DWT Investments, LLC, an Idaho limited liability company, as to an
undivided 1/3 interest, and SCS Investments LLC, an Idaho limited liability company, as to an undivided
1/3 interest
Recording Date: February 13, 2023
Recording No: 2023-008863
Re-Recorded: February 15. 2023
Recording No.: 2023-009505
Parcel B
Note C: NOTE: Pursuant to the State of Idaho Insurance Regulations, a cancellation fee is to be charged on all
cancelled orders. Unless otherwise advised, orders will be considered cancelled six months after the
effective date on the commitment. The amount of the fee assessed shall be in accordance with our rate
filing with the Idaho Department of Insurance.
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; Schedule B, Part II-Exceptions; and a
counter-signature by the Company or its issuing agent that may be in electronic form.
AM
Copyright American Land Title Association. All rights reserved. LAN DICAN
LAND TITLE
ASSOCIATION
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(07/01/2021) Printed: 01.21.25 @ 07:07 PM
Page11 ID-FT-FXEA-03460.216263-SPS-1-25-34602542551
CHICAGO TITLE INSURANCE COMPANY COMMITMENT NO. 34602542551
SCHEDULE B, PART II
EXCEPTIONS
(continued)
Note D: NOTE: The Policy or Policies of insurance may contain a clause permitting arbitration of claims at the
request of either the Insured or the Company. Upon request, the Company will provide a copy of this
clause and the accompanying arbitration rules prior to the closing of the transaction.
Note E: NOTE: We have searched our records for judgments or liens that may affect the title to the land
described in Schedule A, to include judgments or liens against The Habit Restaurants, LLC, a Delaware
limited liability company. As of the effective date of this commitment we find none, EXCEPT as may be
shown as an exception in Schedule B.
Note F: This map/plat is being furnished as an aid in locating the herein described Land in relation to adjoining
streets, natural boundaries and other land, and is not a survey of the land depicted. Except to the
extent a policy of title insurance is expressly modified by endorsement, if any, the Company does not
insure dimensions, distances, location of easements, acreage or other matters shown thereon.
END OF NOTES
END OF SCHEDULE B, PART II
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; Schedule B, Part II-Exceptions; and a
counter-signature by the Company or its issuing agent that may be in electronic form.
AM
Copyright American Land Title Association. All rights reserved. LAN DICAN
LAND TITLE
ASSOCIATION
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(07/01/2021) Printed: 01.21.25 @ 07:07 PM
Page12 ID-FT-FXEA-03460.216263-SPS-1-25-34602542551
CHICAGO TITLE INSURANCE COMPANY COMMITMENT NO. 34602542551
COMMITMENT CONDITIONS
1. DEFINITIONS
(a) "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;
(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.
(b) 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.
(c) 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.
(d) 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.
(e) The Company shall not be liable for the content of the Transaction Identification Data,if any.
(f) 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.
(g) 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.
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; Schedule B, Part II-Exceptions; and a
counter-signature by the Company or its issuing agent that may be in electronic form.
AM
Copyright American Land Title Association. All rights reserved. LAN DICAN
LAND TITLE
ASSOCIATION
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(07/01/2021) Printed: 01.21.25 @ 07:07 PM
Page13 ID-FT-FXEA-03460.216263-SPS-1-25-34602542551
CHICAGO TITLE INSURANCE COMPANY COMMITMENT NO. 34602542551
(continued)
(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) W hen 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 Two Million And No/100 Dollars($2,000,000.00)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.
END OF CONDITIONS
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; Schedule B, Part II-Exceptions; and a
counter-signature by the Company or its issuing agent that may be in electronic form.
AMEICAN
Copyright American Land Title Association. All rights reserved. LAND TITLE
LAND T
ASSOCIATION
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(07/01/2021) Printed: 01.21.25 @ 07:07 PM
Page14 ID-FT-FXEA-03460.216263-SPS-1-25-34602542551