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Application
C+(IENty TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN Mayor Tammy de Weerd City Council Members: Keith Bird Joe Borton Charles Rountree David Zaremba To ensure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission please submit your comments and recommendations to Meridian City Hall Attn: Jaycee Holman, City Clerk, by: November 13, 2014 Transmittal Date: October 14, 2014 File No.: RZ 14-007 and PP 14-017 Hearina Date: November 20, 2014 Request: Public Hearing: Rezone of 3.05 acres to TN -R; 1.67 acres to R-4; and 0.83 of an acre to R-8 AND Preliminary Plat approval consisting of 193 single-family residential building lots and 19 common/other lots on 48.56 acres of land in the R-4, R-8 & TN -R zoning districts for Southridge Sub By: DBTV Southridge Farm, LLC Location of Property or Project: s/of W. Overland Road between S. Linder and S. Ten Mile Roads _Joe Marshall (No FP) _Scott Freeman (No FP) _Steven Yearsley (No FP) —Patrick Oliver (No FP) —Rhonda McCarvel (No FP) _Tammy de Weerd, Mayor _City Council _ Sanitary Services (No VAR, vnc, FP) _Building Department/ Rick Jackson _Fire Department Police Department —City Attorney _City Public Works _City Planner —Parks Department Economic Dev. Your Concise Remarks: —Meridian School District (No FP) _ Meridian Post Office (FP/PP/SHP only) _Ada County Highway District _Ada County Development Services _Central District Health _COMPASS (Comp Plan only) _Nampa Meridian Irrig. District _Settlers Irrig. District _ Idaho Power Co. (FP,PP,CUP/SHP only) _ Qwest (FP/PP/SHP only) _Intermountain Gas (FP/PP/SHP only) _ Idaho Transportation Dept. (No FP) _Ada County Ass. Land Records Downtown Projects: _Meridian Development Corp. _Historical Preservation Comm. South of RR / SW Meridian: _NW Pipeline _ New York Irrigation District _ Boise-Kuna Irrigation District Boise Project Board of Control/Tim Page City Clerk's Office • 33 E. Broadway Avenue, Meridian, ID 83642 Phnna 7nA-RRA-4411 . Fax 208-888-4218 • www.meridiancity.org Lj�rE IDR IAN;=- Planning Division DEVELOPMENT REVIEW APPLICATION STAFF USE ONLY: Project name: ` lllh Q �a�:XQII/ Filenumber's): 1 Assigned Planner: Related files: AZ oto -031 Type of Review Requested (check all that ❑ Accessory Use ❑ Administrative Design Review ❑ Alternative Compliance ❑ Annexation and Zoning ❑ Certificate of Zoning Compliance ❑ Comprehensive Plan Map Amendment ❑ Comprehensive Plan Text Amendment ❑ Conditional Use Permit ❑ Conditional Use Modification Director/Commission (circle one) ❑ Development Agreement Modification ❑ Final Plat ❑ Final Plat Modification ❑ Preliminary Plat ❑ Private Street ❑ Property Boundary Adjustment 19'Rezone ❑ Short Plat ❑ Time Extension: Director/ Commission/Council (circle one) ❑ U DC Text Amendment ❑ Vacation: Director/ Council (circle one) ❑ Variance ❑ Other Applicant Information Applicant name: DBTV Southridge Farm, LLC Phone: Applicant address: 209 W. Main St. Email: City.. Boise State: ID Applicant's interest in property: ❑ Own ❑ Rent ❑ Optioned ❑ Other Owner name: DBTV Southridge Farm, LLC/Corey Barton Homes, Inc. Owner address: 209 W. Main SO 977 E. Overland Rd. Email: City,: Boise/Meridian State: ID Zip: 83702 Phone: Zip: 83702/83642 Agent/Contact name (e.g., architect, engineer, developer, representative): Jason Densmer Firm name: The Land Group, Inc. Owner address: 462 E. Shore Dr., Ste 100 City: Eagle Primary contact is: ❑ Applicant ❑ Owner O Agent/Contact Subject Property Information Phone: 208.939.4041 Email: Jason@thelandgroupinc.com State: ID Zip: 83616 Location/street address: South of Overland between Linder & Ten Mile Rds Township, range, section: 3N 1 W 23 Assessor's parcel number(s): S1223142035, S1223131220, Total acreage: 48.56 Zoning district: Res S1223120934,S1223212404 Community Development ■ Planning Division . 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 wtine meriJiaacity orglplannin� (Rev. 0 611 212 0 1 4) Project(subdivision name: Southridge Subdivision General description of proposed project/request: Residential subdivision Proposed zoning district(s): R-4, R-8, TN -R Acres of each zone proposed: R-4: 22.10, R-8: 17.66, TN -R: 8.80 Type of use proposed (check all that apply): ❑ Residential ❑ Office ❑ Commercial ❑ Employment ❑ Industrial ❑ Other Who will own & maintain the pressurized irrigation system in this development? Homeowner's Association Which irrigation district does this property lie within? Nampa -Meridian Irrigation District Primary irrigation source: Ridenbaugh Canal Secondary: Meridian City Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): Residential Project Summary (if applicable) Number of residential units: 193 Number of building lots: 193 Number of common lots: 19 Number of other lots: Proposed number of dwelling units (for multi -family developments only): I bedroom: 2-3 bedrooms: Minimum square footage of structure (excl. garage): Minimum property size (s.f): Gross density (Per UDC 11-1A-1): 4.36/2.67/6.48 Acreage of qualified open space: 4 or more bedrooms: Maximum building height: Average property size (s.f.): Net density (Per UDC I 1-]A-1): 5.17/2.90/8.69 Percentage of qualified open space: Type and calculations of qualified open space provided in acres (Per UDC 11 -3G -3B): Amenities provided with this development (if applicable): _ Type of dwelling(s) proposed: ❑ Single-family Detached ❑ Duplex ❑ Multi -family ❑ Vertically Integrated ❑ Single-family Attached ❑ Townhouse ❑ Other Non-residential Project Summary (if applicable) Number of building lots: Common lots: Other lots: Gross floor area proposed: Hours of operation (days and hours): Total number of parking spaces provided: Authorization Print applicant name: Applicant signature: _ Existing (if applicable): Building height: Number of compact spaces provided: Date: 10 l 3 qty Community Development. Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancitv.orp//plannine -2- (Rev. 06112/2014) THE LAND GROUP, INC. October 3, 2014 Planning & Development City of Meridian 33 E. Broadway, Suite 102 Meridian, ID 83642 Re: Application for Southridge Subdivision No. 2, 3, 4, 5 & 6 concerning Rezone and Preliminary Plat Dear Planning Division: We are pleased to submit the enclosed applications for Rezone and Preliminary Plat of the next phases of the Southridge Subdivision. The project is located south of W. Overland Rd. and west of S. Linder Rd. within the City of Meridian. The included applications request rezone of three areas within the preliminary plat, and approval of the preliminary plat itself. Background The entire property of the Southridge Subdivision has been in front of the City for entitlement review and approval several times in the past. Initially, the property was annexed to the City and various zoning designations applied consistent with an overall project Master Plan. This master plan reflected one vision for the buildout of the entire project, and was incorporated to the project's Development Agreement. At the same time as the initial annexation, zoning and development agreement, a preliminary plat was approved for a portion of the property. This preliminary plat was partially completed and a final plat recorded for the Southridge Subdivision No. 1, which lies north of the proposed applications near the intersection of Overland and Linder Rds. Overtime, other various applications for the property have been considered by the City. These have included rezones of portions of the overall Southridge project as development direction for specific areas have been established, property boundary adjustments, and modifications to the development agreement. Recent Property Boundary Adjustment Application In recent weeks, a Property Boundary Adjustment was submitted to the City of Meridian for this property. We received approval from the Director on September 25, 2014. The property boundary adjustment modifies the existing parcels to align with the boundaries of the enclosed preliminary plat. We are working to complete the conditions of the PBA approval, and realize that this must be accomplished prior to final approval of the accompanying preliminary plat. Site Planning - Landscape Architecture • Civil Engineering • Golf Course Irrigation & Engineering • Graphic Design • Surveying Ael o eh,,.,, n,;,— odm Inn. C—lo Llnk.. R191 . P MZ Q1Q Anal . F )nR QRQ AAIB • WMAM thalnnrlarnuninr. rnm October 3, 2014 Page 2 of 3 Current Applications At this time, we are pleased to submit the enclosed application for Preliminary Plat approval of the next residential development phases of the project. The configuration of these proposed single-family lots is consistent with the underlying master plan for the project (as incorporated to the Development Agreement), and we have been advised by Staff that modification of the Development Agreement is not necessary. Due to minor adjustments in the location of roadways and lots an application to adjust zoning boundaries to match the proposed project layout is also enclosed. The project is bounded to the north by Southridge Subdivision Phase 1, to the east by S. Linder Rd., to the south by the Ridenbaugh Canal separating Southridge from Aspen Cove Subdivision and to the west by the Ridenbaugh Canal and unplatted future phases of Southridge Subdivision. The following table indicates the zones proposed with characteristics that reflect how the parcels will blend into the existing zones of adjacent properties and the Comprehensive Plan: Rezone Application The applicant proposes rezone of three areas within parcels 51223120934, 51223131220 and 51223142035. The rezones are proposed in order to align the various zoning designations of the property with the proposed lot and roadway layout of the preliminary plat. No new zoning designations are proposed — the proposed R-4, R-8 and TN -R designations already exist within the Southridge property. The project lies within an area of the City of Meridian Comprehensive Plan designated as Medium Density Residential. The layout of the project within these zoning designations will result in the following densities: Approximate Zone Proposed Net Density R-8 5.17 units/acre R-4 2.90 units/acre TN -R 8.69 units/acre Preliminary Plat The proposed preliminary plat of Southridge Subdivision Phases 2, 3, 4, 5 and 6 includes a total of 48.56 acres and proposes 77 R-8 unit lots with nine common lots, 59 R-4 unit lots with five common lots and 57 TN -R unit lots with five common lots, for a total of 193 buildable lots and 19 common lots. The area of the R-8 zone includes 17.66 acres, the area of the R-4 zone includes 22.10 acres and the TN -R includes 8.80 acres. Total open space is 5.31 -acres. All utilities necessary to serve the proposed development are existing on site and sufficient to meet the project's needs. The City of Meridian can provide sanitary sewer service and domestic water for culinary and fire -protection purposes. Roadways within the proposed preliminary plat are intended to be public and will be dedicated to the Ada County Highway District. Storm water from the project area will be collected, managed and retained in systems acceptable to ACHD within the overall Southridge development. Pressurized irrigation for the project is available from the adjacent Ridenbaugh Canal (Nampa -Meridian Irrigation District) and will be delivered through the existing pressure irrigation system owned and operated by the Southridge Homeowner's Association. Site Planning • Landscape Architecture , Civil Engineering - Golf Course Irrigation & Engineering Graphic Design - Surveying 462 E. Shore Drive, Suite 100 • Eagle, Idaho 83616 • P 208.939.4041 • F 208.939.4445 • www.thelandgroupinc.com October 3, 2014 Page 3 of 3 The Homeowner's Association will also own and maintain the various common areas throughout the project, which will provide open space amenities to the future residents. In addition, a public multi -use pathway will be constructed through these phases of the project in accordance with the City's Master Pathway Plan. The pathway connects with multi -use pathways existing and proposed along the west side of Linder Rd., and routes through the project to the Ridenbaugh Canal — providing connectivity for future extensions along the south side of the Ridenbaugh Canal with future phases of the Southridge project. As future phases of Southridge develop, further common area open spaces and amenities will be developed as required by the project's Development Agreement. The proposed single-family homes in the project will be architecturally guided by approved specific and detailed architectural guidelines that address (at a minimum) variety in structures within a block, building mass, building materials, rooflines, colors and architectural styles. The specific requirements for residential architecture will be approved by the Council (or Design Review if so established) in accordance with the process outlined in the Development Agreement section 6.3.13. We appreciate the opportunity to present this application and look forward to providing any additional information required for City of Meridian application process. If you have any questions, please do not hesitate to contact our office, 208.939.4041 or email Jason@thelanderoupinc.com Sincerely, so Densmer ipal8, Project Engineer The Land Group, Inc. Site Planning - Landscape Architecture • Civil Engineering - Golf Course Irrigation & Engineering • Graphic Design - Surveying 462 E. Shore Drive, Suite 100 • Eagle, Idaho 83616 P 208.939.4041 • F 208.939.4445 • www.thelandgroupinc.com October 2, 2014 Project No. 114042 Southridge TN -R Rezone Description 3.05 Acres � I � I r,>>,u,'AM1";NC Exhibit "A" Page 1 of 1 A tract of land situated in the North One Half of section 23, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: Commencing at the Northeast Corner of said Section 23, said corner being South 89°19'41" East a distance of 2,661.73 feet from the North One Quarter Corner of said Section 23, thence following the northerly line of said Section 23, North 89"19'41" West a distance of 1,746.17 feet; Thence leaving said northerly line, south 00°39'23" West a distance of 888.64 feet to the POINT OF BEGINNING. Thence South 00°38'49" West a distance of 136.10 feet; Thence South 28°13'50" West a distance of 50.46 feet; Thence South 56"07'46" East a distance of 60.38 feet; Thence South 18'40'43" West a distance of 180.48 feet; Thence 113.77 feet along the arc of a circular curve to the right, said curve having a radius of 195.00 feet, a central angle of 33"25'46", a chord bearing of South 35"24'20" West, and a chord distance of 112.17 feet; Thence South 49°06'52" West a distance of 134.30 feet; Thence 196.13 feet along the arc of a circular curve to the right, said curve having a radius of 247.93 feet, a central angle of 45"19'30", a chord bearing of North 24'42'22" West, and a chord distance of 191.05 feet; Thence North 00°38'58" East a distance of 394.14 feet; Thence South 89020'26" East a distance of 275.00 feet to the POINT OF BEGINNING. The above-described tract of land contains 3,05 acres, more or less, and is intended for rezone purposes only. Prepared By: THE LAND GROUP, INC. 462 E. SHORE DRIVE, SUITE 100 EAGLE, IDAHO 83616 www ihelandzroupinc.com 14 ,!`(, 23 N 1/4 CORNER SEC. 23 R-15 TN -R REZONE —I' 3.05ACRES± it S89°20'26"E S49°06'52"W 134.30' Rezone Exhibit ac.,urrHe N89°19'41"W 2661.73' 1746.17' 14 13 —11�— z3 2a NE CORNER SEC. 23 Curve Table CURVE LENGTH RADIUS DELTA CHORD BEARING CHORD LENGTH 01 113.77' 195.00' 33°25'46" S35°24'20'W 112.17' C2 196.13' 247.93' 45°19'30" N24'4222W 191.05' TN -C SOD°38'49"W 136.10' / _S56°07'46"E / 60.38' TN -R aU21 %AEL li- /0. 2. 2(yy 101w0w wnl :�r .- 1,�- � Gxovp woop OAA Exhibit B �,. 462 Ea51 SAwe Orbe, Supe 100 Ir E4ple.14M0a9616 Southridge Plane 208.9]99041 -iv 200.939.944R 5' . � rt Rezone R-15 to TN -R d:n �y Nerldlan aU21 %AEL li- /0. 2. 2(yy 101w0w wnl Title: Scale: 1 inch = 100 feet I File: Date: 10-02-2014 Tract I : 3.052 Acres: 132961 Sq Feet: Closure — sI8.2309w 0.01 Feet: Precision =1/112979: Perimeter = 1541 Feet 001=s00.3849w 136.10 s s Rb 242m , end` 1i2i>25-0h 009=s89.2026e 275.00 002=s28.1350w 50.46 006=s49.0652w 134.30 003=s56.0746e 60.38 o 0.293 ds�42, r� 191,05 004=s 18.4043w 180.48 008—n003858e 394.14 October 2, 2014 Project No. 114042 Southridge R-4 Rezone Description 1.67 Acres Exhibit "A" Page 1 of 1 A tract of land situated in the North One Half and the Northwest One Quarter of the Southeast One Quarter of section 23, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: Commencing at the Northeast Corner of said Section 23, said corner being South 89019'41" East a distance of 2,661.73 feet from the North One Quarter Corner of said Section 23, thence following the easterly line of said Section 23, South 00°41'26" West a distance of 2,377.95 feet to the POINT OF BEGINNING. Thence following said easterly line, South 00°41'26" West a distance of 252.72 feet; Thence leaving said easterly line, North 89'02'56" West a distance of 210.79 feet; Thence North 00"57'04" East a distance of 440.62 feet; Thence 124.83 feet along the arc of a circular curve to the right, said curve having a radius of 920.27 feet, a central angle of 7°46'19", a chord bearing of South 46"09'00" East, and a chord distance of 124.74 feet; Thence South 47°59'55" East a distance of 156.82 feet to the POING OF BEGINNING. The above-described tract of land contains 1.67 acres, more or less, and is intended for rezone purposes only. Prepared By: THE LAND GROUP, INC. 462 E. SHORE DRIVE, SUITE 100 �,p L LAAr,6 EAGLE, IDAHO 83616 1 14216 ►2' k FFtv'�w !O. 2 2c>/ 9 - - - - www.thelandaroupinc.com October 2, 2014 Project No. 114042 Southridge R-8 Rezone Description 0.83 Acres pitP. I,AV11.,111 1% IN( Exhibit "A" Page 1 of 1 A tract of land situated in the North One Half and the Northwest One Quarter of the Southeast One Quarter of section 23, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: Commencing at the Northeast Corner of said Section 23, said corner being South 89`19'41" East a distance of 2,661.73 feet from the North One Quarter Corner of said Section 23, thence following the easterly line of said Section 23, South 00`41'26" West a distance of 2,377.95 feet; Thence North 47"59'55" West a distance of 156.82 feet; Thence 124.83 feet along the arc of a circular curve to the left, said curve having a radius of 920.27 feet, a central angle of 7°46'19", a chord bearing of North 46°09'00" West, and a chord distance of 124.74 feet to the POINT OF BEGINNING. Thence 253.91 feet along the arc of a circular curve to the left, said curve having a radius of 920.27 feet, a central angle of 15°48'29", a chord bearing of North 57°56'24" West, and a chord distance of 253.10 feet; Thence North 63022'56" West a distance of 118.67 feet, Thence North 76°28'57" West a distance of 186,34 feet; Thence 172.29 feet along the arc of a circular curve to the left, said curve having a radius of 875.21 feet, a central angle of 11°16'43", a chord bearing of South 83"24'57" East, and a chord distance of 172.01 feet; Thence South 89'34'28" East a distance of 298.04 feet; Thence 56.71 feet along the arc of a circular curve to the right, said curve having a radius of 36.00 feet, a central angle of 90'15'53", a chord bearing of South 44°26'31" East, and a chord distance of 51.03 feet;. Thence South 0°57'04" West a distance of 172.73 feet to the POING OF BEGINNING. The above-described tract of land contains 0.83 acres, more or less, and is intended for rezone purposes only. Prepared By: THE LAND GROUP, INC. 462 E. SHORE DRIVE, SUITE 100 EAGLE, IDAHO 83616 ;y LAND 14216 4�"EOF"' S �AELH• t' www. t hela ndzrou o inc.co m N as Curve Table CURVE LENGTH RADIUS DELTA CHORD BEARING CHORD LENGTH C3 124.83' 920.27' 7'46'19• S46°09'00"E 124.74' C4 253.91' 920.27' 15°4829" N57°56'24W 253.10' C5 172.29' 875.21' 11'16'43" S83°24'57"E 172.01' C6 56.71' 36.00' 90°15'53" S44°26'31"E 51.03' C5_ A S89°34'28"E 298.04' N76"28'57"W J 186.34' N63°22'56'W 118.67' R-4 REZONE 0.83 ACRES± R-4 R-8 REZONE — — 1.67 ACRES± N _ \ w \ o RIDENBAUGH \ g CANAL \ \ Exhibit 14 13 23 24 NE CORNER SEC. 23 II J +fj N N �- —210.79'- 23 E 1/4 CORNER - SEC. 23 24 Exhibit B Southridge Rezone R -8/R-4 i�-JvD 14216 )WO ('tit/�5 /O. 2• Zo/�/ Idaho 2 of 2 0're-;Lm THE LANA GROUP 462 East Shwe OS6 100 hple.ldah0 K 03616 _Phone 200.939A041•Fax 200.939.9445 wemavune"'muwea Fn�vFmrys�u Motl4lan 14 13 23 24 NE CORNER SEC. 23 II J +fj N N �- —210.79'- 23 E 1/4 CORNER - SEC. 23 24 Exhibit B Southridge Rezone R -8/R-4 i�-JvD 14216 )WO ('tit/�5 /O. 2• Zo/�/ Idaho 2 of 2 Title: Date: 10-02-2014 I Scale: 1 inch = 100 feet (File: I Tract 1: 1.669 Acres: 72681 Sq Feet: Closure = sl 3.2853e 0.01 Feet: Precision =1(153490: Perimeter _ 1186 Feet 001=s00.4126w 252.72 003=00.5704e 440.62 005=s47.5955e 156.82 002.=n89.0256w2I0.79 g asosoo'.did-12474 9 Title Scale: 1 inch = 100 feet (File: Date: 10-02-2014 Tract 1: 0.827 Acres: 36041 Sq Feet: Closure= n55.0657e 0.01 Feet: Precision =1/188914: Perimeter= 1259 Feet 001 Bng�5 .5624w Nd1t253. 1U819 8 sB72457t, Chd-111i2.011�3 007=s0.5704w 172.73 002=n63.2256w 118.67 005=s89.3428e 298.04 006: R4 R=36.00 .ji.-W.1553 003=n76.2857w 186.34 nn—= 7611n F6n_<I na September 9, 2014 Project No. 114042 Southridge PBA Parcel A Description 49.90 Acres I lii i %.IU 6M.1 11. k\: Exhibit "A" ovm P(..AT P b(' �e r�MOONS A tract of land situated in the North One Half and the Northwest One Quarter of the Southeast One Quarter of section 23, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: Commencing at the Northeast Corner of said Section 23, said corner being South 89°19'41" East a distance of 2,661.73 feet from the North One Quarter Corner of said Section 23, thence following the easterly line of said Section 23, South 00°41'26" West a distance of 2,600.67 feet; Thence leaving said easterly line, North 89002'56" West a distance of 48.00 feet to the westerly right- of-way line of South Linder Road, said point being the POINT OF BEGINNING. Thence leaving said westerly right-of-way line and following the northerly right-of-way line of Aspen Cove Drive, North 89002'56" West a distance of 255.36 feet to a point on the centerline of the Ridenbaugh Canal; Thence following said centerline of the Ridenbaugh Canal along the following 10 courses: 1. 287.73 feet along the arc of a circular curve to the left, said curve having a radius of 600.00 feet, a central angle of 27°28'35", a chord bearing of North 46"15'10" West, and a chord distance of 284.98 feet; 2. North 59"59'27" West a distance of 73.72 feet; 3. 90.21 feet along the arc of a circular curve to the left, said curve having a radius of 120.00 feet, a central angle of 43004'24", a chord bearing of North 81"31'39" West, and a chord distance of 88.10 feet; 4. South 76056'09" West a distance of 93.79 feet; 5. 83.95 feet along the arc of a circular curve to the right, said curve having a radius of 100.00 feet, a central angle of 48°06'06", a chord bearing of North 79°00'48" West, and a chord distance of 81.51 feet; 6. North 54°57'45" West a distance of 108.31 feet; 7. 90.18 feet along the arc of a circular curve to the left, said curve having a radius of 120.00 feet, a central angle of 43°03'30", a chord bearing of North 76029'30" West, and a chord distance of 88.07 feet; 8. South 81'58'45" West a distance of 380.01 feet; 9. 160.45 feet along the arc of a circular curve to the left, said curve having a radius of 150.00 feet, a central angle of 61617'12", a chord bearing of South 51°20'09" West, and a chord distance of 152.91 feet; Y www.thelandgrouPinc.com pr Page 2 of 4 !;I;'� dA" �o TH !_-.tet; UBni t'. ins_ 10. South 20°41'33" West a distance of 219.36 feet to a point on the northerly line of Aspen Cove Subdivision, Blocks 3, 4 & 5, according to the official plat thereof, filed in Book 35 of Plats at Page 3,040, Records of Ada County, Idaho; Thence leaving said centerline and following said northerly line along the following 6 courses: 1. North 89°02'56" West a distance of 32.62 feet, 2. South 33008'24" West a distance of 127.52 feet; 3. South 55°24'04" West a distance of 417.50 feet; 4. North 70°12'07" West a distance of 47.38 feet; S. North 25`10'44" East a distance of 367.74 feet; 6. North 89"02'56" West a distance of 34.06 feet to a point on the said centerline of the Ridenbaugh Canal; Thence leaving said northerly line and following said centerline along the following 7 courses: 1. North 32°06'19" East a distance of 21.67 feet; 2. 129.34 feet along the arc of a circular curve to the left, said curve having a radius of 150.00 feet, a central angle of 49024'12", a chord bearing of North 07°24'13" East, and a chord distance of 125.37 feet; 3. North 17°17'53" West a distance of 110.54 feet; 4. 140.75 feet along the arc of a circular curve to the right, said curve having a radius of 150.00 feet, a central angle 53'45'48", a chord bearing of North 9°35'01" East, and a chord distance of 135.64 feet; S. North 36°27'55" East distance of 34.82 feet; 6. 389,27 feet along the arc of a circular curve to the left, said curve having a radius of 300.00 feet, a central angle of 74"20'42", a chord bearing of North 00`42'26" West, and a chord distance of 362.53 feet; 7. North 37°52'47" West a distance of 332.24 feet; Thence leaving said centerline, North 52°03' 57" East a distance of 184.78 feet; Thence North 52"07'13" East a distance of 35.00 feet; Thence North 37"52'47" West a distance of 61.97 feet; Thence 151.30 feet along the arc of a circular curve to the right, said curve having a radius of 225.00 feet, a central angle of 38° 31' 46", a chord bearing of North 18036'55" West, and a chord distance of 148.47 feet; Thence North 00°38'58" East a distance of 394.08 feet; Thence South 89"29'56" East a distance of 50.00 feet; Thence South 89"19'29" East a distance of 250.00 feet; Thence South 00'38'49" West a distance of 137.22 feet; Thence 57.71 feet along the arc of a circular curve to the right, said curve having a radius of 325.00 feet, a central angle of 10°10'24", a chord bearing of South 57°17'04" East, and a chord distance of 57.63; Thence 94.40 feet along the arc of a circular curve to the left, said curve having a radius of 291.75 feet, a central angle of 18"32'22", a chord bearing of South 61°28'03" East, and a chord distance of 93.99 feet; a www.thelandgrou1)inc.com u.,A pl:ffmw, Page 3 of ,15.x. d +.!1 I %N Ii 6 k 1l 6. iAl. Thence South 71°18'33" East a distance of 261.09 feet to a point on the southerly line of Southridge Subdivision No. 1, according to the official plat thereof, filed in Book 104 of Plats at Page 14,056, Records of Ada County, Idaho along the following 22 courses; 1. South 18"41'27" West a distance of 50.00 feet to a curve; 2. 54.66 feet along the arc of a circular curve to the right, said curve having a radius of 20.00 feet,a central angle of 90"00'00", a chord bearing of South 26"18'33" East, and a chord distance of 28.28 feet; 3. South 71°18'33" East a distance of 50.00 feet; 4. 31.42 feet along the arc of a circular curve to the right, said curve having a radius of 20.00 feet, a central angle of 90°00'00", a chord bearing of North 63°41'27" East, and a chord distance of 28.28 feet; 5. South 71"18'33" East a distance of 16.94 feet; 6. 157.91 feet along the arc of a circular curve to the right, said curve having radius of 275.00 feet, a central angle of 32054'01", a chord bearing of South 54051'32" East, and a chord distance of 155.75 feet; 7. 165.46 feet along a the arc of a circular curve to the left, said curve having a radius of 765.00 feet, a central angle of 12°23'32", a chord bearing of South 44"36'18" East, and a chord distance of 165.14 feet; 8. 29.56 feet along a the arc of a circular curve to the right, said curve having a radius of 20.00 feet, a central angle of 84"44'29", a chord bearing of South 08025'50" East, and a chord distance of 26.96 feet; 9. South 52°30'58" East a distance of 50.10 feet; 10. 30.96 feet along the arc of a circular curve to the right, said curve having a radius of 20.00 feet, a central angle 88"40'56", a chord bearing of North 78°16'53" East, and a chord distance of 27.96 feet; 11. 161.30 feet along a the arc of a circular curve to the left, said curve having a radius of 765.00 feet a central angle 12°04'50", a chord bearing of South 63025'04" East, and a chord distance of 161.00 feet; 12. 24.39 feet along the arc of a circular curve to the right, said curve having a radius of 20.00 feet, a central angle of 69°53'02", a chord bearing of South 34°30'59" East, and a chord distance of 22.91 feet; 13. South 61013'36" East a distance of 56.81 feet; 14. 36.04 feet along the arc of a circular curve to the right, said curve having a radius of 20.00 feet, a central angle 103°15'16", a chord bearing of North 52'03'10" East, and a chord distance of 31.36 feet; 15. 132.04 feet along the arc of a circular curve to the left, said curve having a radius of 765.00 feet, a central angle of 09"53'22", a chord bearing of South 81015'53" East, and a chord distance of 131.88 feet; 16. South 86"12'34" East a distance of 29.96 feet; 17. 15.26 feet along the arc of a circular curve to the left, said curve having a radius 325.00 feet, a central angle 02°41'23", a chord bearing of South 87"33'16" East, and a chord distance of 15.26 feet; rr www.thelandgrouvinc.com �N� 9� -, Page 4 of 4 �v dd ff t � 18. 31.18 feet along the arc of a circular curve to the right, said curve having a radius of 20.00 feet, a central angle of 89°19'29", a chord bearing of South 44°14'13" East, and a chord distance of 28.12 feet; 19. South 89"34'28" East a distance of 50.00 feet,- 20. eet;20. North 00`25'32" East a distance of 48.98 feet, 21. South 89°34'27" East a distance of 333.99 feet; 22. South 89"18'32" East a distance of 101.48 feet to a point on the said westerly right- of-way of South Linder Road; Thence leaving said southerly line and following said westerly right-of-way line, South 00041'26" West a distance of 997.52 feet to the POING OF BEGINNING. The above-described tract of land contains 49.90 acres, more or less, subject to all existing easements and rights-of-way. Prepared By: THE LAND GROUP, INC. 462 E. SHORE DRIVE, SUITE 100 EAGLE, IDAHO 83616 ya�A ENSND`rG Iw`'��G r/ 14216 )WO �" 0111 .. \�i4EL Ji Cf. 9. 901q www. the la n dg r p u p i n e. co m Title: Date: 09-05-2014 Scale: 1 inch = 300 feet File: Data and Deed Call Listing of File: Tract I: 49.904 Acres: 2173835 Sq Feet: Closure = s38.2045e 0.02 Feet: Precision =1/338889: Perimeter = 8338 Feet 001=n89.0256w 255.36 W2 LL R'-600 W Ddm 27 2835 Bng=n46.1510w, thd=284.98 003=n59.5927w 73.72 004: L4 8=12000 Delta -43(1124 Bng=n8l.l 119w, 6e=68.10 005=s76.5609w 93.79 005: R4 a- IM W D6,18 %06 Bn�79 0481.•, 60=81.51 007=n54.5745w 108.31 008: LL R=1200 Deha=43.0330 Bq n76,2930w, thd4807 009=s81.5845w 380.01 010: Lt. R-3500 Delmer 1.1712 Bng=s51 2009, Nd=152.91 01I=s20.4133w 218.36 012=n89.0256w 32.62 013=s33.0824w 127.52 014=s55.2404w 417.50 015=00.1207w 47.38 0 1 6=n25.1044e 367.74 017=n89,0256w 34.06 018=02.0619e 21.67 019. Et, R=150.00, DA,49.2412 Bng,, 7.2413e, Chd=12537 020=nI7.1753w 110.54 021: RL R-15000, Delia -53,4548 Bng=n9.3501e, Chd=135.64 022=n36.2755e 34.82 023: LL R=3110.0 DdIa=74 2002 Bag=n0.4226w, the -362 53 024=n37.5247w 332.24 025�52.0357e 184.78 026=n52.07 t 3e 35.00 027=n37.5247w 61.97 028, RL R=225 W Delm=383146 Bng,d8.3655w, the -14847 029=n00.3858e 39498 030=s89.2956e 50.00 03 1 =s89.1929e 250.00 032=s00.3849w 137.22 033: RL R -325, W, Ddm=10.1024 Bnq-s57.1704e 034: Ltt,, R=291.75, DeIm=183222 Bng=s612803e, Chd=93.99 035=s71.1833e 261.09 036=s I 8.4127w 50.00 037'. RL R=20.00, DeIm=90.000 Bng=526.18334 Chd=28.28 038=s71.1833e 50.00 039: RL R=20. W, DeIm=90.0000 BngT6141274 Chd=28.28 040=s71.1833e 16.94 041: Rt R=275 W Dd1.=32.5401 Bn66�=s54 5132e. Chd=155.75 W Z: LL R-765. M. Delm=12 2332 Bn 59436184 Chd=165.14 WX RS R=2000, MIm=84.4429 Bng=,08.2556@. Chd=26.96 044=s52.3058e50.10 W5: RL R=20.0. Ddm=864056 M,78.1653e, Chd=27.96 Wg Li R-765.00. Doha=120450 Bn •=563 7..500 e, Chd=16190 W Rt R=20 W, Delmfi9.3302 B,-,34 3059e. Chd=22.91 048=s6l.1336e 56.81 009: R4 R=20 W, DeIm=10.1516 Bn 7,520310e Chd-31.36 050: L, R=765.66. DeIm=09.5322 Bq- 581.15534 C'hd=131.88 051=s86.1234e29.96 052: LL R=325.00, Deite-024123 Bng=,87.33160, Chd=15 26 053: RL R=20 W DOWD 1929 Bq=544.1418, the=28.12 054=s89.3428c 50.00 055=00.2532e 48.98 056=s89.3427e333.99 057=s89.1832e101.48 058=00.4126w 997.52 September 9, 2014 Project No. 114042 Southridge PBA Parcel C Description 9.18 Acres .nl =_e\1.:.111I; i%iAC. Exhibit "A" Page 1 of 2 A tract of land situated in the North One Half of section 23, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: Commencing at the Northeast Corner of said Section 23, said corner being South 89°19'41" East a distance of 2,661.73 feet from the North One quarter Corner of said Section 23, thence following the northerly line of said Section 23, North 89°19'41" West a distance of 1,996.32 feet; Thence leaving said northerly line, South 00°38'49" West a distance of 888.62 feet; Thence North 89'29'56" West a distance of 50.00 feet; Thence North 00038'58" East a distance of 8.21 feet to the POINT OF BEGINNING. Thence South 00038'58" West a distance of 402.29 feet; Thence 151.30 feet along the arc of a circular curve to the left, said curve having a radius of 225.00 feet, a central angle of 38°31'46", a chord bearing of South 18636'55" East, and a chord distance of 148.47 feet; Thence South 3752'47" East a distance of 61.97 feet; Thence South 52°07'13" West a distance of 35.00 feet, Thence South 52°03'57" West a distance of 184.78 feet to a point on the centerline of the Ridenbaugh Canal; Thence following said centerline of the Ridenbaugh Canal along the following 2 courses: 1. North 37°52'47" West a distance of 37.07 feet; 2. 182.13 feet along arc ofa circular curve to the left, said curve having a radius of 130.00 feet, a central angle of 80°16'16, a chord bearing of North 78°00'55" West, and a chord distance of 167.60 feet; Thence leaving said centerline, North 56"31'59" West a distance of 235.42 feet to a point on the northerly easement line of the said Ridenbaugh Canal; Thence following said northerly easement line along the following 6 courses: 1. North 03°28'17" West for a distance of 188.54 feet; 2. North 86031'43" East for a distance of 10.00 feet; 3. 276.34 feet along arc of a circular curve to the left, said curve having a radius of 230.83 feet, a central angle of 68°35'29", a chord bearing of North 37"54'29" West, and a chord distance of 260.13 feet; 4. North 72"20'41" West for a distance of 150.79 feet; 5. 46.42 feet along arc of a circular curve to the right, said curve having a radius of 320.00 feet, a central angle of 08"18'42", a chord bearing of North 68'11'20" West, and a chord distance of 46.38 feet; rr www.thelandgroupinc.com Page 2 of 2 P��j�ikvd Mt'_.c - 10- i,!i 1-4'III <:imI 1v, 6. North 64°01'59" West a distance of 330.62 feet; Thence leaving said northerly easement line, North 74041'25" East a distance of 71.65 feet; Thence South 65'06'39" East fora distance of 154.84 feet; Thence North 250 36'05" East for a distance of 39.00 feet; Thence South 72' 14'16" East for a distance of 146.03 feet; Thence South 890 00'33" East for a distance of 138.96 feet; Thence North 060 17' 22" East for a distance of 34.67 feet; Thence North 89' 48' 57" East for a distance of 135.22 feet; Thence South 000 09'03" East for a distance of 37.30 feet; Thence South 89" 00' 33" East for a distance of 238.22 feet; Thence North 00° 11' 53" West for a distance of 34.18 feet; Thence North 890 48' 57" East for a distance of 145.64 feet; Thence South 00° 31'27" West for a distance of 37.16 feet; Thence South 890 00'33" East for a distance of 93.93 feet to the POINT OF BEGINNING. The above-described tract of land contains 9.18 acres, more or less, subject to all existing easements and rights-of-way. Prepared By: THE LAND GROUP, INC. 462 E. SHORE DRIVE, SUITE 100 EAGLE, IDAHO 83616 0 www.thelandp—roupinc.com n89°48'57" e Title: Scale: 1 inch = 150 feet I File: n89°48'57% ROTMERNIT 1M Tract 1: 9.183 Acres: 399994 Sq Feet: Closure = s63.5934w 0.00 Feet: Precision =1!993953: Perimeter= 3599 Feet 001=s00.3858w 402.29 002: LI. R-225.00, Ddm=38',146 Bng=s18.3655e, Chd=148.47 003=s37.5247e 61.97 004=s52.0713w 35.00 005=s52.0357w 184.78 006=n37.5247w 37.07 107:L R=130.00 Ddu=80.1616 Bngw�8,0055w, thd-167.60 008=n56.3159w 235.42 009=n03.2817w 188.54 010=86.3143e 10.00 017: L4 R=230 83 Ddmfi8.3529 Brtg;3'/.5429 ,thd-260.13 012=n72.2041w 150.79 013:R%R=320.00 Dd1e�8.1842 Bng=n8.11A0 ,t� &46.38 014=n64.0159w 330.62 015=04.4125e7l.65 016=s65.0639e154.84 017=n25.3605e 39.00 018=s72.1416e 146.03 019=s89.0033e 138.96 020=n06.1722e34.67 021=n89.4857e135.22 022=s00.0903e37.30 023=sM0033e 238.22 024=n00. 1153w 34.18 025=n89.4857e145.64 026=sD0.3127w 37.16 027=s89.0033e 93.93 September 9, 2014 Project No. 114042 Southridge PBA Parcel D Description 14.40 Acres i lli i. AjI I,1Ct.xi I Exhibit "A" Page 1 of 2 A tract of land situated in the North One Half of section 23, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: Commencing at the Northeast Corner of said Section 23, said corner being South 89°19'41" East a distance of 2,661.73 feet from the North One Quarter Corner of said Section 23, thence following the northerly line of said Section 23, North 89°19'41" West a distance of 1,996.32 feet; Thence leaving said northerly line, South 00°38'49" West a distance of 596.40 feet to the POINT OF BEGINNING. Thence South 00038'49" West a distance of 292.23 feet; Thence North 89°29'56" West a distance of 50.00 feet; Thence North 00°38'58" East a distance of 8.21 feet; Thence North 89000'33" West a distance of 93.93 feet; Thence North 00'31'27" East a distance of 37.16 feet; Thence South 89°48'57" West a distance of 145.64 feet; Thence South 00011'53" East a distance of 34.18 feet; Thence North 89°00'33" West a distance of 238.22 feet; Thence North 00°09'03" West a distance of 37.30 feet; Thence South 89°48'57" West a distance of 135.22 feet; Thence South 06"17'22" West a distance of 34.67 feet; Thence North 89"00'33" West a distance of 138.96 feet; Thence North 72614'16" West a distance of 146.03 feet; Thence South 25'36'05" West a distance of 39.00 feet; Thence North 65'06'39" West a distance of 154.84 feet; Thence South 74'41'25" West a distance of 71.65 feet to a point on the northerly easement line of the Ridenbaugh Canal; Thence following said northerly easement line along the following 2 courses: 1. 14.24 feet along arc of a circular curve to the right, said curve having a radius of 320.00 feet, a central angle of 02°32'56, a chord bearing of North 62043'31" West, and a chord distance of 14.23 feet; 2. North 61"29'03" West a distance of 118.75 feet; Thence leaving said northerly easement line, South 00048'16" West a distance of 90.36 feet to a point on the centerline of the Ridenbaugh Canal; Thence following said centerline of the Ridenbaugh Canal along the following 3 courses: 1. North 61"29'03" West a distance of 150.70 feet; f7 www.thelandgroupinc.com lv_�,:1 , Page 2 of 2 ate` boCM w -'. - Trii I:wu snoi ;,.... 2. 320.04 feet along arc of a circular curve to the left, said curve having a radius of 375.00 feet, a central angle of 48°53'57, a chord bearing of North 85°56'02" West, and a chord distance of 310.42 feet; 3. South 69°37'00" West a distance of 34.90 feet to a point on the southerly right-of- way of West Overland Road; Thence following the said southerly right-of-way line of West Overland Road along the following 4 courses: 1. North 14°53'23" East a distance of 44.83 feet; 2. North 75"06'37" West a distance of 7.36 feet; 3. 150.17 feet along arc of a circular curve to the right, said curve having a radius of 952.25 feet, a central angle of 090 02' 08", a chord bearing of North 22"50'11" East, and a chord distance of 150.02 feet; 4. 722.97 feet along arc of a circular curve to the right, said curve having a radius of 949.50 feet, a central angle of 43"37'35", a chord bearing of North 47°50'20" East, and a chord distance of 705.63 feet; Thence leaving said southerly right-of-way line, South 37°01'11" East a distance of 122.32 feet; Thence South 42'36'49" West a distance of 104.81 feet; Thence South 45044'12" East a distance of 112.13 feet; Thence South 30016'25" East a distance of 178.79 feet; Thence South 44007'23" East a distance of 77.93 feet; Thence North 43°00'54" East a distance of 88.40 feet; Thence South 75"21'54" East a distance of 90.15 feet; Thence North 89058'12" East a distance of 194.47 feet; Thence South 00"34'39" West a distance of 114.45 feet; Thence South 89021'11" East a distance of 127.19 feet; Thence North 40029'46" East a distance of 65.42 feet; Thence South 8947'45" East a distance of 92.40 feet; Thence South 35"49'49" East a distance of 63.35 feet; Thence South 89021'11" East a distance of 65.42 feet; Thence North 00'38'49" East a distance of 45.89 feet; Thence South 89021'48" East a distance of 248.07 feet to the POINT OF BEGINNING. The above-described tract of land contains 14.40 acres, more or less, subject to all existing easements and rights-of-way. nlyp L LARD Prepared By: THE LAND GROUP, INC. 462 E. SHORE DRIVE, SUITE 100 a 14216 EAGLE, IDAHO 83616 sr. eOF�' G/ • "(• 2oly r.7 www.thelandgroui)inc.com Title: I Date: 09-08-2014 1 Scale: I inch = 250 feet I File: Tract I: 14.398 Acres: 627184 Sq Feet: Closure= s54.4501e 0.02 Feet: Precision =1/233364: Perimeter= 5103 Feet 001=00.3849w 292.23 002--n89.2956w 50.00 003 r100.3858e 8.21 004=n89.0033w 93.93 005=00,3127e 37.16 006=589.4857w 145.64 007=s00.I 153e 34.18 008=n89.0033w 238.22 009=n00.0903w 37.30 010=589.4857w 135.22 011=s06.1722w 34.67 012=n89.0033w 138.96 013=n72.1416w 146.03 014=s25.3605w 39.00 0 1 5=n65.0639w 154.84 016=574.4125w 71.65 017. R, R-32000 Dehe=02 3256 Bn8=n62.4331w, thd=14.23 018=n61.2903w 118.75 019=s00.48I6w 90.36 020=n61.2903w 150.70 021:14 R-375 M DdmA3 5317 ft,,85.5W2 ,the -31042 022=569.3700w 34.90 023=n I 4.5323e 44.83 024=n75.0637w 7.36 025; Rt R=952.25. DCIM=09:0208 Bnp=n22.5011e, Chd=150.02 026: Rp R=949 50, Dctw=43.3735 B.8, 7.5020c, Chd=705.63 027=s37.01 I I e 122.32 028=s42.3649w 104.81 029=s45.4412e 112.13 030=00.1625e 178.79 031=544.0723e 77.93 032=n43.0054e 88.40 033-s75.2154e 90.15 034=n89.5812e194.47 035=s00.3439w 114.45 036=s89.21 I I a 127.19 037=n40.2946e65.42 038=s89.4745e 92.40 039=05.4949e 63.35 040=s89,21 I I e 65.42 041=n00.3849e 45.89 042=s89.2148e 248.07 September 9, 2014 Project No. 114042 Southridge PBA Parcel E Description 13.34 Acres Exhibit "A" Page 1 of 2 A tract of land situated In the North One Half of section 23, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: Commencing at the Northeast Corner of said Section 23, said corner being South 89019'41" East a distance of 2,661.73 feet from the North One Quarter Corner of said Section 23, thence following the northerly line of said Section 23, North 89°19'41" West a distance of 1,996.32 feet; Thence leaving said northerly line, South 00°38'49" West a distance of 50.50 feet to the POINT OF BEGINNING. Thence South 00"38'49" West a distance of 545.90 feet; Thence North 89°21'48" West a distance of 248.07 feet; Thence South 00°38'49" West a distance of 45.89 feet; Thence North 89"21'11" West a distance of 65.42 feet; Thence North 35049'49" West a distance of 63.35 feet; Thence North 89047'45" West a distance of 92.40 feet; Thence South 40'29'46" West a distance of 65.42 feet; Thence North 89°21'11" West a distance of 127.19 feet; Thence North 00"34'39" East a distance of 114.45 feet; Thence South 89°58'12" West a distance of 194.47 feet; Thence North 75'21'54" West a distance of 90.15 feet; Thence South 43"00'54" West a distance of 88.40 feet; Thence North 44007'23" West a distance of 77.93 feet; Thence North 30"16'25" West a distance of 178.79 feet; Thence North 45"44'12" West a distance of 112.13 feet; Thence North 42"36'49" East a distance of 104.81 feet; Thence North 37001'11" West a distance of 122.32 feet to a point on the southerly right-of- way line of West Overland Road; Thence following said southerly right-of-way line of West Overland Road along the following 3 courses: 1. 349.79 feet along arc of a circular curve to the right, said curve having a radius of 949.50 feet, a central angle of 21°06'26", a chord bearing of North 80°12'21" East, and a chord distance of 347.82 feet; 2. South 89"14'24" East a distance of 179.47 feet; 3. South 89°19'41" East a distance of 665.39 feet to the POINT OF BEGINNING. 9 www.thelandgroupinc.com Page 2 of 2 .40 Ems. The above-described tract of land contains 13,34 acres, more or less, subject to all existing easements and rights-of-way. Prepared By: THE LAND GROUP, INC. 462 E. SHORE DRIVE, SUITE 100 EAGLE, IDAHO 83616 4% LAND 14216 is 9.13- zr>ly www.thelandgroui)inc.com Title: I Date: 09-08-2014 1 I Scale: 1 inch = 200 feet Wile: I Tract]: 13.341 Acres: 5811498gFeet: Closure =n77.0340w0.02Feet: Precision =1/193669: Perimeter=3532 Feet 001=s00.3849w 545.90 002=n89.2148w 248.07 003=500.3849w 45.89 004=n89.21 I I w 65.42 005=n35.4949w 63.35 006=n89.4745w 92.40 007=s40.2946w 65.42 008T8921 I lw 127.19 009=n00.3439e 114.45 010=s89.5812w 194.47 01 I-n75.2154w 90.15 012=s43.0054w 88.40 0 1 3=n44.0723w 7793 014=00.1625w 178.79 015=n45.4412w 112.13 016=n42.3649e 104.81 017=n37.01 l lw 122.32 018: R11,, R=949.50, Ddm=21.0626 BngT80. 1221 e, Chd=347.82 019=s89.1424e 179.47 020=s89.1941 e 66539 September 9, 2014 Project No. 114042 Southridge PBA DBTV to CBH Exchange Parcel Description 3.39 Acres Exhibit "A" Page 1 of 2 A tract of land situated in the North One Half of section 23, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: Commencing at the Northeast Corner of said Section 23, said corner being South 89°19'41" East a distance of 2,661.73 feet from the North One Quarter Corner of said Section 23, thence following the northerly line of said Section 23, North 89°19'41" West a distance of 1,996.32 feet; Thence leaving said northerly line, south 00°38'49" West a distance of 888.62 feet to the POINT OF BEGINNING. Thence South 89619'29" East a distance of 250.00 feet; Thence South 00°38'49" West a distance of 137.22 feet; Thence South 28°49'56" West a distance of 49.47 feet; Thence 60.56 feet along the arc of a circular curve to the right, said curve having a radius of 293.15 feet, a central angle of 11°50'08", a chord bearing of South 56°02'38" East, and a chord distance of 60.45 feet; Thence South 18"41'27" West a distance of 180.38 feet; Thence 113.77 feet along the arc of a circular curve to the right, said curve having a radius of 195.00 feet, a central angle of 33"25'46", a chord bearing of South 35"24'20" West, and a chord distance of 112.17 feet; Thence South 52007'13" West a distance of 118.95 feet; Thence South 35"23'08" West a distance of 26.28 feet; Thence South 52007'13" West a distance of 15.00 feet; Thence, North 37°52'47" West a distance of 61.97 feet; Thence 151.30 feet along the arc of a circular curve to the right, said curve having a radius of 225.00 feet, a central angle of 38°31'46", a chord bearing of North 18`36'55" West, and a chord distance of 148.47 feet; Thence North 00°38'58" East a distance of 394.08 feet; Thence South 89'29'56" East a distance of 50.00 feet to the POINT OF BEGINNING. www.thelandgroupinc.com Page 2 of 2 The above-described tract of land contains 3.39 acres, more or less, subject to all existing easements and rights-of-way. Prepared By: THE LAND GROUP, INC. 462 E. SHORE DRIVE, SUITE 100 EAGLE, IDAHO 83616 r LAND\ I� IyTfOF\ R q q. zvi� www.thelandgrou pinc.co m Title: Seale: 1 inch = 100 feet I File: Date: 09-08-2014 Tract 1: 3.385 Acres: 147442 Sq Feet: Closure= s14.4650w 0.01 Feet: Precision =11133752: Perimeter= 1609 Feet 001=s89.1929e 250.00 � RLR -19 w, nddw 3? 46 11.1 ? 7 55w�thd` J388 4 146 002=s00.3849w 137.22 007=s52.0713w 118:95 012=n00.3858e394.08 003=s28.4956w 49.47 008=05.2308w26.28 013=s89.2956c 50.00 8 -x5%22393 �f1�d 515008 009=552.0713W 15.00 005=sl8.4127w 180.38 010=n37.5247w 61.97 o � ■ ■ oF7 O C' N 1 e i ,� \I■■ ■■1111■1111 ��1��� ♦ �'� NO . _ -- - ��■ n■nmm� � Lun1 m J■ 00 �:Iin:n,�P,nl�,■■n111► : ■ Ilu ern ..t■ /■■ ./►�t, ► ■■ ■ i ii ii 1■1111 �nnuuul. �� � � 1����■u/■� � � i ' 1 ■ n n 1111 11 nnnn null ..- won 115m,411 11 lll �ll■ n1� ■ •� ■■■' lIII Inn ► o� ■11 n■1: 111/1'111111 ti i a ��I n nni IN r. !.■ 11111 `..■' MEN ■■■ ■. 11111 �L: � � �■ ���`�� • ��� � ■■ ■ ■ ■/■111111111111 /I n111nnun1l ■ C • �I■■■ � I m nm � �li��� �■■n m1111 �■■ ADAISECOUNTY RECORDER Christopher D. Rich AMOUNT 55.00 16 DEPUTY Lisa Irby IIIIIII�'IIIIII�II�IIIII�II�IIIIIIII�I'llllllll'IIII�IIIIII�II�II lecQRecoding R 112124813SCOEdEsT0 Fidelity National Tiitle FIDELITY NATIONAL TITLE - BOIS � WARRANTY DEED FOR VALUE RECEIVED DBTV AGRICULTURAL HOLDINGS LLC, a Delaware limit ed company liability acquired title as DBTV LLC. a Delawcompany who are limited liability GRANTOR(s), does(do) hereby GRANT, BARGAIN, SELL AND CONVEY unto: DBTV SOUTHRIDGE FARM LLC, an Idaho limited liability company whose current address is: 6152 W Half Moon Lane, Eagle, ID 83616 G S(s), m Ada County, State of Idaho, more particularly thee following described real property described as follows, to wit: See Attached Exhibit "A" does do hereby covenant to and with the said TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said heirs an s are the owner(s) in fee simple of said premises; that said assigns forever. And the said Grantor(s) ( Grantee(s), that Grantors) / and subject to the Grantee(s); ,f an of premises are free from all encumbrances EXCEPT those to which this conveyance i expressly made subject and those made, suffered or done by of way and agreements, (' Y) reservations, restrictions, dedications, easements, igh Brig ton and utility assessments, if record, and general taxes andwhiasses not yet due and payable, and that Grantor(s) will any) for the current year, warrant and defend the same from all lawful claims whatsoever. Effective thisZ!5oay of November, 2012 DBTV AgriculturalHg1d�J�LLC, a Delaware limited liability coir any , By: Corey D. BManagerr By EAMI LLC, a Delaware limited liability company, Its Manager Timothy W• Eck, Manager Deed -Warranty State of Idaho, County of Ada, ss. ersigned, a Notary Public in and On thus Zi day of November in the year of 2012, before me, the und for said Sta e, personally appeared Corey B. Barton known or identifiedtome to be the Person LLC sand nam is St scribed n a within instrument a as Manager anaof ge�rB� Agricultural Holding c ow ged to me at he ex u d the Notary Public �.• G owe 0,., y Residing at:7, `•'z� OTA R Y SSG My Commission Expires: —•� t PUB J 0. � e�Mee:ti•t2220t6 'p�� p0.'•...•..•'ow State of Idaho, County of Ada, ss. rs On this c in 7iK day of November the year thy 2012, k known or identified tre me, the lmde iome to be the ersons -whose and for said State, personally pp LLC which is the name is suAscribed toAhe within iustnunant as the�M ed Manager me that he executedthe same asfsucg er of Noj (rY Public Residing at: My Commission Expires. t 12.2018 Deed -Warranty ��.••'� BOsty '<., Z� �QTARY ••� •'•, PUBL� .� Z '74 TE OF THE LAND GROUP, IN6. April20, 2009 ProjectNo_ 06361 Legal Description Record of Survey Parcel 5 LINDER 109, LLC. 13.47 acres situated in the North One Half of the North One Half Acoon 23 A tract r land Idaho, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, described as follows: eniing the North One Quarter of said Section Commencing at a found brass cap monumsteel 23 on the centerline e o t oest 0cteen th Comer commons o said Section 23ch a found fiand Section 14, monumenting Township 3 North, Range 1 West, Boise Meridian bears North 89°14'25" West a distance of 1,326.15 feet; Thence following the northerly line of said Section 23 and the centerline of said est Overland Road, North 89014'25" West a distance of 179,35 feet to a found 5/8 -inch steel pin; West a Thence leaving sai non elle linesoutand d right of -way line of said West " Overland Road of 50.50 feet to a p o being the POINT OF BEGINNING; Thence following the southerly right -of --way line of said West Overland Road the following two (2) courses: South 89°14'25" East a distance of 179.46 feet to a point; South 89°19'41" East a distance of 625.35 feet to a point; Thence leaving said southerly right -of --way line, South 00°38'42" West a distance of 264.01 feet to a point; the arc of a circular curve to chgohrd bea curve Thence 31.47 feet following ring f having a radius of 20.00 feet, a central angle of 90009'34", istance of 2832 f Th nSouthce North 89011'44" West a di45.4 179" West and a aordstance of 507.62 feeetto a Point;point;et to a �,k�,�rflr�itnfx+r•.tile Planning•G'ri/Endirtanag•G•IfCoxr,'r lrri�nJinr��`' Eujw,,ng•Gr M mv'nrr°/i•a dG2 L•:. Shore Drive, Sec. t00, Eegic, ld�ho 83616 • P 208.919A041 P'-06,934445 '—�—' 5.d° U:,hare \06361\t. 100, ROc, s\REC0RD ,UJZVRY\11_090320_ EXHIBIT "A" a it J TO - ..A ri Vj dishi-0--A THE LAND GROUT, ING. Thence 137.44 feet following the are of a circular curve to the left, said curve having a radius of 525.00 feet, a central angle of 15°00'00", a chord bearing of South 83018'16" West and a chord distance of 137.05 feet to a point; Thence South 75048'16" West a distance of 409.49 feet to apoint; left, said curse Thence 63.31 feet following the are of a circular curve to the having a radius of 80.00 feet; a central angle of 45°20'41 ", a chord bearing of South 53007'56" West and a chord distance of 61.67nfeet c�e to the right, said Thence 140.75 feet following the arc of a non tang curve having a radius of 500.00 feet, a central angle of 16007'43", a chord bearing of South 87953'02" West and a chord distance of 140.29 feet to apoint; Thence South 00°48'16" West a distance of 353.17 feet to a point on the centerline of the Ridenbaugh Canal; Thence following the centerline of said Ridenbaugh Canal the following three (3) courses: North 61°29'03" West a distance of 150.70 feet to apoint; 320.04 feet following the are of a circular curve to the left, said curve having a radius of 375.00 feet, a central angle of 48053'57", a chord bearing of North 85°5002" West and a chord distance of 310.42 feet to a point; South 69'37'00" West a distance of 34.90 feet to a point on the southwesterly right-of-way line of said West Overland Road; Thence leaving said centerline and following the southwesterly right-of-way line of said West Overland Road the following four (4) courses: North 14053'23" East a distance of 44.83 feet to a point; North 75006'37" West a distance of 7.36 feet to apoint; 150.17 feet following the are of anon tangent curve to the right, said curve having a radius of 952.25 feet, a central angle of 09°02'08", a chord bearing of North 22°50'11" East and a chord distance of 150.02 feet to a point; tangent curve to the right, said 1,072.76 feet following the arc of a non curve having a radius of 949.50 feet, a central angle of 64°44'02", a chord bearing of North 58°23'34" East and a chord distance of 1,016.61 feet to the POINT OF BEGINNING. 101111 ionrbrrrye.^Lrb+nrturr Si" Planni„d •GnilEngirtcenna •Go! Course Tr»gntiox nS'Engiaerrircg •Gra�bu Connnnnir"tia" ,162 H. Shore llricc, Sm100, Eagic, Idaho 83616 • P 208.939.4041 f 208939.4445 " I cia deli ,doe -mm GA2006\06361\+\dmin\t-c�\RniCORD o) 2 URN'LY\B_090420_06361_souduidgc4— EXHIBIT "A" cl4_4 THE LAND GROUP, INC. The above-described tract of land contains 13.47 acres, more ar less, subject to any existing easements or rights-of-way. Prepared By: THE LAND GROUP, INC. 462 E. SHORE DRIVE, SUITE 100 EAGLE, IDAHO 83616 208-939-4041 208-939-4445 (FAX) c�. yO •d� LonAm*1A,dWtr1N0•Sill Ylanrring Idaho6 616 •n11208-939.4041 I 8n9 9.4'W5rr a/g'^•"G nd�Mt nincsom 462 E Shore Drivc, Ste. 100, E.aQ34 G:\2006\06367\ldmin\2.ehnls\Rfi(-OItD CIG SLIRYF.Y\II_090420 06361_souQrodgs_puael 5. oc page 3 of 3 EXHIBIT "A" Page 4 of 4 Date: 04-20-2009 Title: Scale: 1 inch= 240 feet File: Ttaot 7.: 13.469 Acres 586715 Sq Feet: Closure = s82.3343w 0.00 Feet: P[eClsiOR>t/499999: Perimeter=4493 Fcet 007=s75AB16w 409.49 013=s693700w 34.90 D01=s89,1425e179.46 ae xeao0.xu=5sza41 014=nI4,5323044.83 002=s89.1941e 625.35 3.B;56w CW6167 015 n75.0637w 7.36 Rett^,50p.60 Ddl 1b.ol47 003=s00,3842w264.01 xog�t11JR;M12,N-14U]9 016: R'I"Da,t 0248 ow: x�eO.ou, bd%-90.e934 010=s00A816w353.17 5949 a.U-6z B' 4324.(1dttl.l2 OI :x�R•9C9.�077)upee64.g402 011=n61.2903w 150.70 Bug=v562134e. 'Chd^1016.61. nn,l — R91144w 507.62 _._ ,....�.. ain EXHIBIT "A" Page 1 of 10 r �1 TAH rJ.ND eRoUp, 01C- May NC Map 27, 2009 Project No. 06361 Legal Description LINDER 109, LLC. Rewrd of survey Pared 4 26,38 acres A tract of land situated inthe North One J df of � o �oT0 p , described5North R °go 1 West, Boise Meridian, City o£Meridian, Ads Commencing at a found brass cap monumeoting the North One Quarter of said Section 23 on the cantarline of West Overland Road, from which a found 1/2 inch steel pin monumenting the Northeast Co= of said Section 23 beats South 89°19'41"East a distance of 2,661,73 feet; Thme following the nortbcdy line of said Section 23 mad the centm1iof said West " Overland Road South 89°l9,41" East a distance of 665.41 feet to a 5/8 -inch steal pin; Thence leaving said northerly lino and said cehtterllne, South 00°38'49" West a distance of 5050 fed to a point on the southerly right -of way line of saidVest Overland Road, beingtre POINT OF DRGR-'NTNG. Thence South 00038149" West a distance of 838.12 feet to a 5/8 -inch steel pin; Thence South 89°19'29" East a distance of250.00 feet to a 5/8 -inch steel Pin; Thence South 00°38'49" West a distance of 137.22 feat to apoirrt Thence South 28°49'56" West a distance of 49.47 feet to a ent c�e to the right, said curve Thence 60.56 feet following rte arc tr ,angle o 11 having a radius of 293.15 feet, a central angle of ll'S008 ; achord hearing of Soudt 56°02'38" East and a abord dlstRooe of 60.45 fee to a point, Thence South 18"41'27" West a distance of 180.38 feat to a poi»t; said c Thence 113.77 feet following the arc of a circularof curve to t nechord basting curve rave having a radius of 195.00 feet, a central angl of South 35'2,'20" West and a chord distance of 112.17 feet to a point Thence South 52°07'13" West a distance of 118.95 featto a Point; Thence South 35o23'Og" West a distance of 26.28 feet to apoiot; Thence South 520071311 West a distance of 50.00 fact to a Poinl; Thence South the Wag augh Cao o 114.78 feet to a polut on the northerly right-of-way B t�,,,,,ilrtbitrxim • Silt P1q°dr�{•G:ilErg+xr></+2 rGol/Gwrn7r�lwfiee b"Ertm+nd •�•n�!" , rrnm 462E ShoreDm'°, Se. 1as 1iogle, Idaho 83616 ♦ P268.939.4041 F 208-939.4445 08. 39.44 _so "dgza�� Cr.\2006\06361\Admin\LtO\EuOORD O t of EXHIBIT "A" Page 2 of 10 ,UZ LAND GROUP, INC. Thence following the northerly right -of --way be of said Ridenbaugh Canal the following two (2) courses; North 37052'47" West a distance of 37.00 feet to IL 011; 316.45 foot following the arc of a circular curve to the Io.R said curve having a radius of 200.00 feet, a central angle of 90°39'20", a chord bearing of North 83°12'27" West and a chord distance of 284.46 feet to a point; Thence leaving said northerly right-of-way line, North 56°31'59" West a distance of 15958 foot to a point on said northerly right-of-way line; Thence following said northerly right-of-way lino the following eiglrt (8) toruses: North 03°28'17" west a distance of 188.54 feet to a point; North 86°31'43" Fast a distance of 10.00 feet to a point; 276.48 feet following the arc of a non tangent curve to the left, said Curve having a radius Of 230.00 Peet, a central angle of 6805224", a chord bearing efNorth 37°54'29" West and a chard distance of 260.13 feet to a point; North 7212041" West a distance of 150.79 feet to apoint; '46.42 feet following the arc of a circular curve to the right, said carve having a radius of 320.00 feet, a central angle of 08018'42", a chord bearing of North 68°11'20" West and achorddistance of46,38 feet to a point; North 64001'59" West a distance of 330.62 feet to a point; 14.24 feet following the are of a circular carve to the right, said curve fect, a central angle of having a radius of ofNorth 62°45 31" West and a chord distanee2 bearing of I4.23 feet to a point; North 6M9103" West a distance of 118.75 feet to a paint; Thence leaving said northerly right-of-way line, North 00°48'16" East a distance of 262.80 feat to apofnt; Thence 140.75 feet following the aro of a non tangent crave to tho left, said curve having a radius of 500.00 feed a Central angle of 16°07'43", a chord bearing of North 87053'02" Bast and a chord distance of 140.29 feet to a point; Thence 63.31 feet followrc ing the aof a non tangont curve to the right, said curve having a radius of 80.00 feet, a central angle of 45120141", a chord herring of North 53°OT55" East and a chord distance of 61.67 feet to a pofnti 6 LmkwPAr.6twd GorcC'L,iaatieua5'Ltgainrcrlra•GnyahkC,a,m✓ududiav 4628. Sham Dfiva, Ste. 1001 jq Sdilw a3616 • Q 20a.939.4041 F 20&939.4445 •7x11¢)4 �`d"".,,,.. -Gx can l¢3COaD OF SnaVBY\11 090420_D6361 soaauidga-Qontn 4.dDe G\2ooe\e636i\ \teyai>\ Page2 of EXHIBIT "A" Page 3 of 10 Ulf� �N THE ream OROOB, 113G Thence North 75°48'16" East a distanoo of 409,49 fed to a point; Thence easterly 137.44 feetfollowing the are of a circular curve to the right, said curve having a radnts of 525.00 feet, a central angle of 15°00'001, a chord bearing of North 93018'16" East and a chord distance of 137.05 feet to a point; Thence South 89°11'44" East a distance of 507.62 feet to apoint, Thence northeasterly 31.47 That following the sic of a eiroular curve to the left, said curve having a radius of 20.00 Peet, a central angle of 90°09'34", a chord bearing ofNorth 45°43'29" East and a chord distance of 2832 feet to a 5point; Thence North 00°38'42" East a distance of 264.01 feet to a point on the southerly rigbt of -way line of said West Overland Road; Thence following said southerly right-of-way line, South 89119'41" East a distance of 40.05 feet to the POINT OF BEGINNING. The above-described tract of land contains 26.38 acres, more or less, subject to any wdsting easements or rights-of-way. Prepared By: THE LAND GROUP, INC. 462 E, SHORE DRIVE, SUITE 100 HAGLE, IDAHO 83616 208-939-4041 208-939.4445 (FAX) Ispdirgd./1ra'xWR. sJ'itsYlxw�iryg•CurlP. brsm({•Ga�Coxra Lrygariau Ar SrgMnngq•Gn¢1ar,''awmxfiadrax 462)& S tat Drive, S¢. IM De , IdaLo 83616 - P 208.939.4041 F 208939.4445 • N�YS.CIir,�911dPmWNsS^m G\2006\0361\AdM1a\TAFd'\aPW1U) OP SLIRV6Y18_090420_06361_souihidgc�arcei 4AM Page 3 of 3 4 r--1 .@.:..� ONINI3B A SbYB . .. ......: ..... .......... .. 3 ..pp. t3 s _ e gg 0 ' aoo�c R 1 � , ��g r �r N .dam F"`I N m g � 83 S � �Z rnUw FO dg 0'p *Z•9 �m�rm m o R 0 HcZ m m y m �• m<" .@.:..� ONINI3B A SbYB . .. ......: ..... .......... .. 3 ..pp. t3 s _ e gg 0 ' aoo�c R t 1 � , ��g r �r CC•C,•�u S � 4 dg �r �• m<" i� � x I e71n- � �ee Eya t 1 � , ��g r �r CC•C,•�u j ,41 Z N r r _ d , "�....._g& �R�'aa9t 3.a1•9GaaM S _ .... • . • .k �r CC•C,•�u S � ,41 Z N r r _ d , "�....._g& �R�'aa9t 3.a1•9GaaM S _ .... • . • .k CC•C,•�u S � 4 dg ';�)]�,ill. 101111 x O Q a OR �• pl jP� O S N �W ............. .� lI�M1 q d _ _ _ ........... yyr .............. � - ... _ . ��t�g)04`9tmFKts�inbd6................. . • _ A$ 6� LLU Q.1W'u7 S 1 ----PIUAM v allI g 1 1 k I 4toRa 1 f xp I 1 ♦ 3 - � kg yrs♦ + 1�" ,441,6 ♦♦� S.��as•`ti. Ncu q♦ �♦ G0 0 L J or �~I'�♦♦�♦♦ j66❑y11 � in b01 O O `rl c Z m N Ill .� \ ♦+ � �n 6 e - ZR 10 %IR,% In k11� X0 v.vmR r 3 s„ 4 OIN 000 Ir rill < §If y 0 {figF€��" �1.►'� �.���� �R 3�33 al Y YY ( 1 i i I Ei Jl� i U 4 sfla � 5� i o 5 pp Jix J.tlL'pa All%ic' S•, d�R¢ tl� � aka Y .Z61N _ _ _Ki91 .x'sce -auaauvjnaus �a^ ................ .... ...... ..... 3 _ o L P i i I Ei Jl� i U 4 sfla � 5� i o 5 pp Jix J.tlL'pa All%ic' S•, d�R¢ tl� � aka Y .Z61N _ _ _Ki91 .x'sce -auaauvjnaus �a^ ................ .... ...... ..... 3 I \ } !© f¢{fig ( 7 � 7 co }f\ k® C\ §� (§ k- !© f¢{fig ( EXHIBIT "A" Page 10 of 10 ADA COUNTY RECORDER d. DAVID NAVARRO AMOUNT 31.00 1 BOISE IDAHO 041WOO 0206 PM DEPUTY Che Fowler III 1111111111111111111111111111 III III RECORDED—REQUEST OF 199045733 The Land Group SURVEY RECORDING SHEET SURVEY NO. 6550 INSTRUMENT NO NAME OF SURVEY SURVEYOR : 109045733 : Linder 109 PBA Survey : Aaron L Ballard AT THE REQUEST OF : The Land Group COMMENTS N I Sec 23 NW a SE a Sec 23 T3N R1W Fidelity National Title 7®nal Company Order No.: 1076731 -Ip FOR VALUE RECEIVED ADA COUNTY RECORDER Christopher D. Rich AMOUNT 22.00 5 BOISE IDAHO 11/28/2012 04:27 PM DEPUTY Nikola Olson simp iNe Electronic Recording I IIIIII VIII VIII IIIIII IIIIII VIII III VIII IIIIIII III VIII Ilii IIII RECORDED -REQUEST OF FIDELITY NATIONAL TITLE - BOIS 112124964 WARRANTY DEED DBTV AGRICULTURAL HOLDINGS LLC, a Delaware limited liability company who acquired title as DBTV LLC, a Delaware limited liability company GRANTOR(s), does(do) hereby GRANT, BARGAIN, SELL AND CONVEY unto: DBTV Southridge Farm, LLC, a Delaware limited ilability company GRANTEES(s), whose current address is: 209 W. Main Street, Boise, ID 53702 the following described real property in Ada County, State Of Idaho, more particularly described as follows, to wit: SEE ATTACHED EXHIBIT "A" TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said heirs and assigns forever. And the said Grantor(s) does(do) hereby covenant to and with the said Grantee(s), that Grantor(s) is/are the owner(s) in fee simple of said premises; that said premises are free from all encumbrances EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee(s); and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, (including irrigation and utility assessments, If any) for the current year, which are not yet due and payable, and that Grantor(s) will warrant and defend the same from all lawful claims whatsoever. Effective this 2,W day of November, 2012 DBTV Agricultural Holdings, LLC By Corey D. anager By: EAMI LLC, Its Manager By: Timothy W. Eck, Manager Order No. 1076731 -Ip Deed -warranty State of Idaho County of (:F Order No. 1076731 -Ip On this 2y day of November, 2012, before me the undersigned, a Notary Public in and for said state, personally appeared rey D. Barton known or identified to me to be the persgfi(s) whose name is/are sub cr bed to the within instrument as the Manager of DBTV A i,iltural Hol,oings Lj.0 and acknoWledged to me that he executed the same as such kotayPubic Residing at My Commission Expires; rt State of Idaho County of L� Imnmi �;tl•12.2016 Commissi°^ .,e.,,,,,.,. Jed'% •°'. Qy�.•°->; Obi. �' ty • T U • z Zd On this ____ day of November, 2012, before me the undersigned, a Notary Public in and for said stats, personally appeared Timothy W ck known or identified to me to be the person(s) whoseAme is/are subscribed to the wi In instrument as the Manager of EAMI LLC which is ie onager of DBTV Agricultural Hofd}fig LLC and acknowledged to me that he executed the s r e as such�Manager, , Notary Public Residing at My Commission Expires: 451dn ewes'AAA2.2016 lm Order No. ID76731-Ip Deed -Warranty EXHIBIT "A" Parcel II : S1223212404 Order No. 1076731 -Ip A tract of land situated in the North One Half of the North One Half of Section 23, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: Commencing at a found brass cap monumenting the North One Quarter of said Section 23 on the centerline of West Overland Road, from which a found 5/8 -inch steel pin monumenting the West 1/16th Corner common to said Section 23 and Section 14, Township 3 North, Range 1 West, Boise Meridian bears North 89014'25" West, a distance of 1,326.15 feet; thence following the Northerly line of said Section 23 and the centerline of said West Overland Road, North 89114'25" West, a distance of 179.35 feet to a found 5/8 -inch steel pin; thence leaving said Northerly line and said centerline, South 00045'35" West, a distance of 50.50 feet to a point on the Southerly right-of-way line of said West Overland Road being the POINT OF BEGINNING; thence following the Southerly right-of-way line of said West Overland Road the following two (2) courses: South 89014'25" East, a distance of 179.46 feet to a point; South 89019'41" East, a distance of 625.35 feet to a point; thence leaving said Southerly right-of-way line, South 00038'42" West, a distance of 264.01 feet to a point; thence 31.47 feet following the arc of a circular curve to the right, said curve having a radius of 20.00 feet, a central angle of 90009'34", a chord bearing of South 45043'29" West and a chord distance of 28.32 feet to a point; thence North 89011'44" West, a distance of 507.62 feet to a point; thence 137.44 feet following the arc of a circular curve to the left, said curve having a radius of 525.00 feet, a central angle of 15000'00", a chord bearing of South 83018'16" West and a chord distance of 137.05 feet to a point; thence South 75048'16" West, a distance of 409.49 feet to a point; thence 63.31 feet following the arc of a circular curve to the left, said curve having a radius of 80.00 feet, a central angle of 45020'41", a chord bearing of South 53007'56" West and a chord distance of 61.67 feet to a point; thence 140.75 feet following the arc of a non tangent curve to the right, said curve having a radius of 500.00 feet, a central angle of 16007'43", a chord bearing of South 87053'02" West and a chord distance of 140.29 feet to a point; thence South 00048'16" West, a distance of 353.17 feet to a point on the centerline of the Ridenbaugh Canal; thence following the centerline of said Ridenbaugh Canal the following three (3) courses: North 61029'03" West, a distance of 150.70 feet to a point, 320.04 feet following the arc of a circular curve to the left, said curve having a radius of 375.00 feet, a central angle of 48053'57", a chord bearing of North 85056'02" West and a chord distance of 310.42 feet to a point; South 69037'00" West, a distance of 34.90 feet to a point on the Southwesterly right-of-way line of said West Overland Road; thence leaving said centerline and following the Southwesterly right-of-way line of said West Overland Road the following four (4) courses: North 14053'23" East, a distance of 44.83 feet to a point; North 75006'37" West, a distance of 7.36 feet to a point, 150.17 feet following the arc of a non tangent curve to the right, said curve having a radius of 952.25 feet, a central angle of Order No. 1076731 -Ip Deed -warranty Order No. 1076731-ip 09°02'08", a chord bearing of North 22°50'11" East and a chord distance of 150.02 feet to a point, 1,072.76 feet following the arc of a non tangent curve to the right, said curve having a radius of 949.50 feet, a central angle of 64°44'02", a chord bearing of North 58°23'34" East and a chord distance of 1,016.61 feet to the POINT OF BEGINNING. Parcel III: Parcel S1223120934 A tract of land situated In the North one half of Section 23, Township 3 North, Range 1 West, Boise Meridian, city of Meridian,2009 Ada County, Idaho, and being Parcel 4 of Record of Survey No. 8550 recorded April 22, as Instrument No. 109045733, more particularly described as follows: enting the North one quarter of said Section 2 on Commencing at a found brass cap monum the centerline of West Overland d %-inch steel pin monumenting the Northeast corner of said Section Road, from which a foun 23 bears South 89°19'41" East a distance of 2,661.73 feet; Thence Following the northerly line of said Section 23 and the centerline of said West Overland Road South 89019'41" East a distance of 665.41 feet to a 5/8 inch steel pin; line of Thence leaving said northerly line and said centerline South 00°38'49" West a distance of 50.50 feet to a point on the southerly right-of-way said West Overland Road, being the Point of Beginning; thence South 00°38'49" West a distance of 838.12 feet to a 5/8 inch steel pin; thence South 89°19129" East a distance of 250.00 feet to a 5/8 nuc steelthencpin thence South 00°38'49" West a distance of 137.22 feet to a point; thence a radius of South 28°49'56" West a distance of 49.47 feet to 60.56 feet following the arc of a non tangent curvee to the right, said curve having 293.15 feet, a central angle of 11°50'08", a chord bearing of South 56'02'38" East and a chord distance of 60.45 feet to a point; thence South 18041'27" West a distance of 180.38 feet to a point; thence 113.77 feet following the arc of a circular curve to the right, said curve having a radius of 195.00 feet, a central angle of 33025'46", a chord bearing of South 35°24'20" West and a chord distance of 112.17 feet to a point; thencepint thence South 52°07'13" West a distance of 118.95 feet to a pint; thence South 35°23'08" West a distance of 26.28 feet to a p South 52°07'13° West a distance of 50.00 feet to a point; thence ht -of -way line South 52°03'57" West a distance of 114.78 feet to a point on the northerly rig of Ridenbaugh Canal; thence of said Ridenbaugh Canal the Following 2 courses: following the northerly right-of-way line North 37°52'47" West a distance of 37.00 feet to a point; 316.45 feet Following the arc of a circular curve to the left, said curve having a radius of 200.00 feet, a central angle of 90°39'20", a chord bearing of North 83°12'27" West and a chord distance of 284.46 feet o a point; thence leaving said Order No, 1076731 -Ip Deed -Warranty Order No. 1076731-lp northerly right-of-way line North 56031'59" West a distance of 159.58 feet to a point on said northerly right-of-way line; Thence following said northerly right-of-way line the following 8 courses: North 0392.8'17" West a distance of 188.54 feet to a point; North 86031'43" East a distance of 10.00 feet to a point; 276.48 feet following the arc of a non tangent curve to the left, said curve having a radius of 230.00 feet, a central angle of 68°52'24", a chord bearing of North 37°54'29" West and a chord distance of 260.13 feet to a point; North 72020'41" West a distance of 150.79 feet to a point; 46.42 feet following the arc of a circular curve to the right, said curve having a radius of 320.00 feet, a central angle of 08018'42", a chord bearing of North 68=11'20" West and a chord distance of 46.38 feet to a point; North 64001'59" West a distance of 330.62 feet to a point; 14.24 feet following the arc of a circular curve to the right, said curve having a radius of 320.00 feet, a central angle of 02°32'56", a chord bearing of North 62°45'31" West and a chord distance of 14.23 feet to a point; North 61"29'03" West a distance of 118.75 feet to a point; thence leaving said northerly right-of-way line North 00'48'16" East a distance of 262,80 feet to a point; Thence 140175 feet following the arc of a non tangent curve to the left, said curve having a radius of 500.00 feet, a central angle of 16°07'43", a chord bearing of North 87°53102" East and a chord distance of 140.29 feet to a point; Thence 63.31 feet following the arc of a non tangent curve to the right, said curve having a radius of 80.00 feet, a central angle of 45°20'41", a chord bearing of North 53°07'55" East and a chord distance of 61.67 feet to a point; thence North 75048'16" East a distance of 409.49 feet to a point; thence Easterly 137.44 feet following the arc of a circular curve to the right, said curve having a radius of 525.00 feet, a central angle of 15°00'00", a chord bearing of North 83018'16" East and a chord distance of 137.05 feet to a point; thence South 89°11'44" East a distance of 507.62 feet to a point; thence Northeasterly 31.47 feet following the arc of a circular curve to the left, said curve having a radius of 20.00 feet, a central angle of 90°09'34", a chord bearing of North 45"43'29" East and a chord distance of 28.32 feet to a point; thence North 00'38'42" East a distance of 264.01 feet to a point on the southerly right-of-way line of West Overland Road; thence following said southerly right-of-way line South 89019'41" East a distance of 40.05 feet to the Point of Beginning. Order No. 1076731 -Ip Deed -W arrarAY ADA BOISE O NO UNTY RECORDER hf ist : ph r D Rich AMOUNT 55.00 16 54 DEPUTY Lisa Irby II�IIII�IIIII�I�IIII�III'II�II�I�IIIIIIIIIIIIIIIIIIII�IIIIIIII�'I 5implifde Electronic Recording RECO11DED-REQUEST OF 112124813 Fidelity NationalGTitle FIDELITY NATIONAL TITLE - BOIS Tntn ce compaor WARRANTY DEED FOR VALUE RECEIVED DBTV AGRICULTURAL HOLDINGS LLC, a Delaware limited liability company who acquired title as DBTV LLC, a Delaware limited liability company GRANTOR(s), does(do) hereby GRANT, BARGAIN, SELL AND CONVEY unto: DSTV SOUTHRIDGE FARM LLC, an Idaho limited liability company $3616 GRANTEES(s), whose current address is the following described real property in described as follows, to wit: See Attached Exhibit "A" : 6152 W Half Moon Lane, Eagle, ID Ada County, State of Idaho, more particularly To HAVE e said premises, th their appurtenances unto d heirs he assigns forever, rAnd the sl To HOLD Grantor(s) (s)does(do)hereby covenant to andtl and with the said Grantee(s), that Grantor(s) is/are the owner(s) in fee simple of said premises; that said premises are free from all encumbrances EXCEPT those to which this conveyance is an expressly made subject and those made, suffered or done by the Grantee(s); and subject o reservations, restrictions, dedications, easements, rights of way and agreements, ('If y) of record, and general taxes and assessments,due (including and irrigation yable, and d utility asses) w II ssmenis if any) for the current year, which are.not y et warrant and defend the same from all lawful claims whatsoever. Effective thisZ_f ay of November, 2012 DBTV Agricultural HgldiiTg�LLC, a Delaware limited liability co pany / By: Corey D. Ba on, Manager By EAMI LLC, a Delaware limited liability company, Its Manager a Ty -- gy: Timothy W. Eck, Manager Deed -Warranty State of Idaho, County of Ada, ss. On this � day of November in the year of 2012, before me, the undersigned, a Notary Public in and for said St a e, personally appeared Corey D. Barton known or identified to me to be the person whose name is su scribed to e within instrument a e Manager of DBTV Agricultural Holdings LLC and <7 ow ged to me at he exu d the s as such Manager. Notary Public Residing at: My Commission Expires: p in Nlr". Idaho *Comm "esp *11.12.2016 E Bps''• zs��pTARY',G -. i ••. PUBL�G'p e E of State of Idaho, County of Ada, ss. On this -71jday of November in the year of 2012, before me, the undersigned, a Notary Public in and for said State, personally appeared Timothy W. Eck known or identified to me to be the person whose name is su cribed to the within instrument as the Manager of EAMI LLC which is the Manager of UPQ r. milhiral blaldinpc L1.0 -and acknoyV?edeed to me that he executed the same as such Notary Public Residing at: My Commission Expires: �ret~ii 12.2016 Deed -Warranty oTARY'; PUBL�G. �O B(HIBIT W ® for THE LAND GROUP, INC. April 20, 2009 Project No. 06361 Legal Description Record of Survey Parcel 5 LINDER 109, LLC. 13.47 acres A tract of land situated in the North One Half of the North One Half of Section 23, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: Commencing at a found brass cap monumeming the North One Quarter of said Section 23 on the centerline of West Overland Road, from which a found 518 -inch steel pin n 23 and Section 14, T o reship 3 the West one-sixteenth Wei $ se Meridian Comer ears North 89n to said 1 4'25" West a distance Township 3 North, Rang of 1,326.15 feet; Thence following the northerly line of said Section 23 and the centerline of said West Overland Road, North 89014'25" West a distance of 179.35 feet to a found 518 -inch steel Pin; Thence leaving said northerly line and said centerline, South 00°45'35" West a distance of 50.50 feet to a point on the southerly right-of-way line of said West Overland Road being the POINT OF BEGINNING, Thence following the southerly right-of-way line of said West Overland Road the following two (2) courses: South 89°14'25" East a distance of 179.46 feet to a point; South 89°19'41" East a distance of 625.35 feet to a point; Thence leaving said southerly right-of-way line, South 00038'42" West a distance of 264.01 feet to a point; Thence 31.47 feet following the arc of a circular curve to the right, said curve having a radius of 20.00 feet, a central angle of 90°09'34", a chord bearing of South 45'41'29" West and a chord distance of 2832 feet to a point; Thence North 89011'44" West a distance of 507.62 feet to a point; O Londrapc Ar dtr inre •.Bile Planning • Cier/F.ngixrcnng a Ga f cox e7mdM/an d' ENginetring • Gr*%nr Gt^xonimlion 462 E. Shote TJrice, Ste. 100, Ingle, ld,h,, 83616.11208-939.4041 r 208939.44 5 • �helvad<Y _ is C;:\2006\Oh361\ridmir.0-"g�s� CU 111) l'a e311Sf3VBY\jL6"420_01i361_=wtivid8c_P TRE LAND GROUP, INC. are of a circular curve to the left, said curve Thence 137.44 feet following the having a rof 525.00 feet, a central angle of 15 radius °00'00", a chord bearing of South radius 16" West and a chord distance of 137.05 feet to a point; Thence South 75148'16" West ae ar,star a of u/ar curve too PO elftn�tsaid curve Thence 63.31 feet following central angle of 45°20147 ", a chord bearing of having a radius of 80,00 feet, a a point; South 53007156" West and a chord distance of 61.G7nY curve to the right, said Thence 140.75 feet following the are of a none of 16°07'43", a chord bearing curve having a radius of 300.00 feet, a central rang of South 87053102" West and a chord distance of 140.29 feet to a point; Thence South 00°48'16" West a distance of 353.17 feet to a point on the centerline of the Ridenbaugh Caual; Thence following the centerline of said Ridenbaugh Canal the following three (3) courses: North 61°29'03" West a distance of 150.70 feet to a point; 320.04 feet following the arc of a circular curve to the left, said curve having a radius of 375.00 feea central angle of 48°53'57", a chord t, bearing of North 8505602" West and a chord distance of 310.42 feet to a point; - of 34.90 feet to a point on southwesterly right of -way lin of said West Overland Road; e South 690371 00" West a distance Thence leaving said centerlinc and following the southwesterly right-of-way line of said West overland -Road the following four (4) courses: North 14053'23" East a distance of 44.83 feet to a point, North 75006'37" West a distance of 7.36 feet to a otuve point; be right, said 150.17 feet following the arc of a non tang to t curve having a radius of 952.25 feet, a central angle of 09°02'08", a chord bearing of North 22°50'11" East and a chord distance of 150.02 feet to a Point; 1,072.76 feet following the are of a non tangent curvetoo the nol � said curve having a radius of 949.50 feet, a central angle hord bearing of North 58°23'34" East and a chord distance of 1,016.61 feet to the POINT OF BEGINNING. O Inndrr°pe.�Lrhetrnun •Sdt Pbnuina •GrilErtginanug •Go�C'aurso NAP Enginanng •Grupbit Conunnnianion c v P ' G \2006lle6361\ 1�1minELcynis\REQ-vii16 OF SURYL]'\dl Q904z0 063615 southLio, d°� m page 2 of 3 i EXHIBIT"A" low- THE 0 THE LAND GROUP, INC. The above-described tract of land contains 13.4"1 acres, more or less, subject to any existing easements or rights -of -way - prepared By. THE LAND GROUP, INC. 462 E. SHORE DRIVE, SUITE 100 EAGLE, IDAHO 83616 208-939-4041 208-939-4445(FAX) J,�JnaPe Arrlahitnre • Siff Ylonnmg • CiviiEn;intrnng yGu!/Eaune Irrygakort e� En3ine+ting • Gmpbir CommHnimtian 4G2"E Shore Drive, Sce. 100, Eagle Idaho 83616 • p 209.939.4()411- 200.939-4445 • u h�onde G;\Z006\06561\Admu+\I,egals\R1:(-nlpa eOF �SOf VF.Y\ll 090420_06161_souElsudg:._pucel EXHIBIT "A" Page 4 of 4 Title: Scale 1 inch =240 feet File: Feet. Clos=e s82 3343w 0 00 Feet. Tract i r 13.469 Acres. 586715 Sq _ 4816w 404 49 001=s89.1425e 179.46 002=s89.1941e 625.35 .62 007— 1 R=80.OQndU 167 7 s R��.=saw�0cnanii.oraa IRs' ' [`t�d'14011 53@w 010=s00.4816W 353.17 011=n61.2903w 150.70 04-,20-2009 ___----- Ptecislon>1l999999: Perimeter=4493 Feet 013=s693700w 34.90 014=114.5323a 44.83 015=n75.0637w 7.36 016: R✓qm Odu'd1.050e H�, 011 L�O.M. 4102 d�g,ny{�('ya�l)aW 16.61 EXHIBIT "A" Page 1 of 10 v Tay r.ANB O"UFI,. INC. May 27, 2009 project No. W61 Legal Dewrlption LINDBR 109, LLC. Record of Survey parcel 4 26.39 acres A tract of land situated in the North one EWf of Section 23, Township 3 North, Range 1 West, Holse Meridian, ChY of Meridian, Ada County, Idaho, described as follows: Commencing at a found brass cap monameuhng the North One Quarter of said Section 23 on the centerline of West Overland Road, from which a found la4nch steelpin mo�entingthe Northeast Comer of said Section 23 be South 89°19'41" Basta distance 0£2,661.73 feet; lime of said Section 23 and the centerhne of said West Thence following the northerlyft 5/8-inc)l steel Pin; ovaiandgoad, South 89°19`41' Bast a distance of 665.41Sout 00°38'49" West distance Thenee leaving said northerly line and said centerline, of 50.50 feet to apoint on the southerly right -0f --way line of said -West Overland Road being the POINT OFBBCi1N M0. Thence South 00638149" West a distance of 838.12 feat to a 5/8 -inch steal pin Thence South 89°19129" East a distance of 250.00 feet to a 5/g -inch steel pin; Thence South 00938"49" West a distance of 137.22 fest to spoilt; Thence South 28°49156" West a, distance of 49.47 feet to a point, tesaid ing of curve Thence 60.56 feet following the are of a non tangent curve8; to the rird bgh >ar having a radius of 293.15 feat, a central angle of 119500 a cho South 56°02'38"' East and fl chord distance of 60.45 feet to apoiat; Thence South 18"4127" West �acda distance °? 038 feet to a alar curve to the rigs said cwve Thence 113.77 feet following a of 53,25'46" , a chord bearing of having aradius of 195.00 feat, a cenhai g] South 35°24'20" West and a chord distance of 112.17 fwtto a point; e of 118.95 featto, a point; Thence South 52°07'13" West a distance of 26.28 feat to point; Thence South 35°231()8" West a distant Thence. South 52007'13" West a distance of 50.00 feetto a point n encofS &uth 52 03,57 West aught nc:e of 114.78 feet to a point On 'he northerly ine of the Can ♦ ipr Caxmumrvh,+' (,a"rn liri�ie, eYAr L'�"n�"d � t •Pilr PlenMca•G:*iEr�Sis••dilr• t - aar�tiac4fl�n 9,c SOa, li,glc. Idaho 836th r P 208:939.4041 FF2088- 30G3615,outFsidgaP�ca A.dnc 462 E..1WD6\mc, \RECORD OPSURVEP\u_ C�\y706\0636t\Admla\Lcg,� Page 1 of3 EXHIBIT "A" Page 2 of 10 rL OAL'� THII LAND GROW. INC. Thence following she northerly right-of-way line of said lZidenbaugh Canal the following two (2) courses: North 37°52'47" West a distance of 37.00 featto aPoint; 316.45 feet following the arc of a circular curve to the left, said curve having a radius of 200.00 feet, a central angle of 90°39'20", a chord bearing of North 83'12'2T, West and a chord distance of 284.46 feet to a point; Tbence leaving said northerly fight-ofwaY line, North 56°31'59" West a distance of 159.58 feet to a point on said northerly right -of --way line; Thence following said northerly right-of-way line the following eight (8) courses: North 03128'17" West a distance of 188.54 feet to a point; North 86°31'43" East a distance of 10.00 feet to a point e io the left said curve 276.48 feet following the arc of a non tangente of curve to the l a chord having aradius of 230,00 feet, a central angl bearing of North 37°54'29" West and a chord distance of 260.13 feet to a point; North 72°20'41" West a distance of 150.79 feet to aPomt; 46A2 feet following the are of a ouroular curve to 08'1814'2", the sa chord curve Bnving a radius of 32000 feet, a central angle of bearing of North 68°11'20" West and a chord distaum of 46.38 feet to a point; North 64°01'59" West a distance of 330.62 feet to apoint; 14.24 feet following the aro of a circular ourve to the right, said curve having a radius of 320.00 feet, a central angle of 02°32'56", a chord bearing of North 62D45'31" West and a chord distance of 14.23 feat to a point; North 61°29'03" West a distance of 118.75 feet to apoint; Thence leaving said northerlY right-of-way he, North 00048'16" East a distance of 262.80 feet to a Point Thence 140,75 feet following the aro of a non tangetrt curve to the left, said carve having a radius of 500.00 feek a central angle of 16007143", a chord bearing of North 87°53'02" East and a chord distance of 140.29 feet to a Point; Thence 63.31 feet following the aro of a non tangent Ocurve to the a chord right, said ingocfurve having a radius of 80.00 feet, a central angle North DoOT55" East and a chord distance of 61.67 feet to a point', Ga/J"Caunr Inion/tan ¢5'Lhginrvirg • GnykdrCaux:m'1nCioa L�k.#,-,,WWW •SihPlvui,g aGdlSigurrigi • a{. m� e G X2000\OSi6t\AJ�atu\T.ef,eb�RBCOttll OF=VEAIl 090420_063615 eonaddge�meel4.doe page 2 of 3 EXHIBIT "A" Page 3 of 10 n C THU LANA CROUP, INC Thence North 75048'16" .East a distance of 409,49 feet to apoint; Thence easterly 137.44 feet following the are of a circular curve to the right, said curve having a radius of 525.00 fcet, a central angle of 15°00'00', a chord bearing of Noith 83°18'16" East and a chord distance of 137.05 feet to a point; Thence South 89"11'44" Fast a distance of 507.62 feet to a point; Thence northeaaterly 31.47 feet following the arc of a circular curve to the left, said curve having a radius of 20.00 feet, a central angle of 90°09134", a chord bearing ofNorth 45°43'29" East and a chord distance of 28.32 feet to a 5point, Thence North 00°3842" East a distance of 264,01 feet to a point on the southerly right-of-way line of said West Overland Road; Thence following said southerly right-of-way line, South 8901941" East a distance of 40.05 feet to the POINT OF BEGINNING. The above-described tract of land contains 26.3 8 acres, more or less, subject to any existing easements or rights-of-way. Prepared By; THE LAND GROUP, INC. 462 E. SHORE DRIVE, SUITE 100 EAGLE, IDAHO 83616 208-939.4041 208-9394445 (PAX) S.2 --i -V-1 i.ondinyfiArsbikr/ars-Sit,NmmL &Ergkodig 462E. Shomrhivc, St 186, Sagiq Idaho 83616 e P 208939A041 F208,959.4446 • mn Page 3 of 3 YF 8 / 1 9 1 I f I g \ 5 � L / 'V V 0 F tt / QN �QIII7ie � u $ RzI:I sg : I �I a i o U(pp�jmu � 1O N I w «t ++ GO 1 tt oID a m co In p? 8 / 1 9 1 I f I g \ 5 � L / 'V V 0 F tt / QN �QIII7ie � u LF -g 411.. .LG'0'9. 2 H.YL1116- .........1 ... . ............. • b� z 8 / 1 9 1 I f I g \ 5 � L / / 8 / 1 9 1 I f I g \ 5 � L C� 4G101N / W€, i - s C� 4G101N / app ...... ........ � .. R Y .................. r. ... --- ... AFT—. _ gal .ivies Sol �I I liti pff DKx �arp� 5 8 . .. ........ .............. ................. 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I w _ _ a mg E y _ ITIA Rx.- Sx'_. � Fln Rp - ?SR+�1� Fs 5 u l'��Ti��3h���Jym E��e����FFr��R��y �J 1111111111 |; \ \P? | � Cf Usk/\ �f16 16 -ow \ /®ktt>, | �k-t}D \.2 |7«2 @ � 4 % -am /!e |; \ \P? | � � � ;2 \ � | { !� ° \- / � § / ® f;� |; \ \P? Page 10 of 10 ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 31.00 1 BOISE IDAHO 091220 DZDB PM DEPUTY Che Fowler RECORDED -REQUEST OF III IIIIIIIIIIIIIIII I IIIIIII II III III The Land Oraup 109045733 SURVEY RECORDING SHEET SURVEY NO. 8550 INSTRUMENT NO. NAME OF SURVEY SURVEYOR : 109045733 : Linder 109 PBA Survey : Aaron L Ballard AT THE REQUEST OF : The Land Group COMMENTS N ; Sec 23 NW a SE I Sec 23 T3N R1W ADA COUNTY RECORDER Christopher D. Rich AMOUNT 19.00 4 BOISE IDAHO 11/28/2012 04:27 PM DEPUTY Nikola Olson E Rte Electronic Recording RC I IIIIII VIII VIII IIIIII VIII VIII III ILII1111111III VIII III IIII EORDED-RED-AEQUES'r OF Afler recording return to: FIDELITY NATIONAL TITLE - BOIS 112124962 Linder 109, LLC 6152 W. Half Moon Lane Eagle, ID 83616 PARTIAL SATISFACTION OF MORTGAGE I{now all men, that Northwest Loan Acquisitions LLC ("Northwest") hereby certifies that a certain mortgage executed by Linder 109, LLC, an Idaho limited liability company, to U.S. Bank National Association ("U.S. Bank") and subsequently assigned by U.S. Bank to Northwest by an instrument recorded on November a8', 2012, as Instrument No. 1121Va 1-15 , in the official records of Ada County, Idaho (the "Records'), which mortgage was recorded in the Records on September 20, 2007 as Instrument No. 107131549, and was amended by that certain First Amendment to Mortgage, Assignment of Rents, Security Agreement, and Financing Statement recorded in the Records on June 5, 2009 as Instrument No. 109066293 (collectively, the "Mortgage"), is satisfied and discharged as to the following described real property: SEE ATTACHED EXIIIBIT "A" Said .Mortgage is and will remain in full force and effect as to the remainder of the real property therein described, Dated this 22 V day of November, 2012. Northwest Loan Acquisitions LLC By: EAMI, LLC Its Manager -Timothy W. Eck Its Manager PARTIAL SATISFACTION OF MORTGAGE - 1 IM0188.003{DOGWa,tial Salisfnerion (5.74 acres) 121119.doe STATE OF IDAHO ) ) ss. County of Ada ) On this day of November, 2012, before me!'%� e�N`lClu a Notary Public in and for said state, personally appeared Timothy W. Eck, k wn or identified to me (or proved to me on the oath of ) to be the Manager of EAMI, LLC, the limited liability company that is the Manager of Northwest Loan Acquisitions LLC, and he acknowledged to me that he, executed the within instrument on behalf of EAMI, LLC, and that EAMI, LLC executed the same in the name of Northwest Loan Acquisitions LLC. IN WITNESS WHEREOF, I have he o s my baud and atfirec( my offi�9( seal the day and year in this certificate first above v en, / t ) i Ji E .` C. [z' A N y Public for Idaho L Residing at My Commission Expires ""°"°°"'••, peg in Meidien� sy qe erppea: tt •12.2015 ............ �Omom. 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STP`` PARTIAL SATISFACTION OF MORTGAGE- 2 r:1t01R6.0031DOCSTAIliill Satisfaction (53-1 acres) 12.1It9.doc EXHIBIT "A" Parcel II : S1223212404 A tracof land situated in the North One Half of the North ne Half of Section 23, North, Range 1 West, Boise Meridian, City of Meridian, Ada county, Idaho, described asship 3 follows: Commencing at a found brass cap monumenting the North One Quarter of said Section 23 on the centerline of West Overland Road, from which a found 5/8 -inch steel pin monumenting the West 1/16th Corner common to said Section 23 and Section 14, Township 3 North, Range 1 West, Boise Meridian bears North 89014'25" West, a distance of 1,326.15 feet; thence following the Northerly line of said Section 23 and the centerline of said West Overland Road, North B9014'25" West, a distance of 179.35 feet to a found 5/8 -inch steel pin; thence leaving said Northerly line and said centerline, South 00045'35" West, a distance of 50,50 feet to a point on the Southerly right-of-way line of said West Overland Road being the POINT OF BEGINNING; thence following the Southerly right-of-way line of said West Overland Road the following two (2) courses: South 89014'25" East, a distance of 179.46 feet to a point; South 89019'41" East, a distance of 625.35 feet to a point; thence leaving said Southerly right-of-way line, South 00038'42" West, a distance of 264.01 feet to a point; thence 31,47 feet following the arc of a circular curve to the right, said curve having a radius of 20.00 feet, a central angle of 90°09'34", a chord bearing of point; thence South 45°43'29" West and a chord distance of 28,32 feet to a p North 89011'44" West, a distance of 507.62 feet to a point; thence 137.44 feet following the arc of a circular curve to the left, said curve having a radius of 525,00 feet, a central angle of 15°00'00", a chord bearing of South 83018'16" West and a chord distance of 137.05 feet to a point; thence South 75048'16" West, a distance of 409.49 feet to a point; thence 63.31 feet following the arc of a circular curve to the left, said curve having a radius of 80.00 feet, a central angle of 45020'41", a chord bearing of South 53007'56" West and a chord distance of 61.67 feet to a point; thence 140.75 feet following the arc of a non tangent curve to the right, said curve having a radius of 500.00 feet, a central angle of 16°07'43", a chord bearing of South 87053'02" West and a chord distance of 140.29 feet to a point; thence South 00148'16" West, a distance of 353.17 feet to a point on the centerline of the Ridenbaugh Canal; thence following the centerline of said Ridenbaugh Canal the following three (3) courses: North 61029'03" West, a distance of 150.70 feet to a point, 320.04 feet following the arc of a circular curve to the left, said curve having a radius of 375.00 feet, a central angle of 48053'57", a chord bearing of North 85056'02" West and a chord distance of 310.42 feet to a point; South 69037'00" West, a distance of 34.90 feet to a point on the Southwesterly right-of-way line of said West Overland Road; thence leaving said centerline and following the Southwesterly right-of-way line of said West Overland Road the following four (4) courses: North 14°53'23" East, a distance of 44.83 feet to a point; North 75°06'37" West, a distance of 7.36 feet to a point, 150.17 feet following the arc of a non tangent curve to the right, said curve having a radius of 952.25 feet, a central angle of 09002'08" a chord bearing of et to a point, 7.76 feet a chord distance N arc of , a ontangent 1dcurve to the right, saof id c0u0rve h having a radius of7949.50 feet, awing central angle of 64044'02", a chord bearing of North 58023'34" East and a chord distance of 1,016.61 feet to the POINT OF BEGINNING. BOIADA COUNTY RECORDER hf 104'27 stopher D. Rich AMOUNT 22.00 5 DEPUTY Nikola Olson SlmpllRle Electronic Recording IIIIIII VIII VIII IIIIIIIIIIII(IIII III VIIIIIIIIII III VIII IIII IIII RECORDED -REQUEST OF Fidelity National Title FIDELITY NATIONAL TITLE - BOIS 112124964 lw.,. ce Compnnr Order No.: 1076731 -Ip FOR VALUE RECEIVED DBTV AGRICULTURAL HOLDINGS LLC, a Delaware limited liability company who acquired title as DBTV LLC, a Delaware limited liability company GRANTOR(s), does(do) hereby GRANT, BARGAIN, SELL AND CONVEY unto: DBTV Southridge Farm, LLC, a Delaware limited liability company GRANTEES(s), whose current address is: 209 W. Main Street, Boise, ID 83702 the following described real property in Ada County, State of Idaho, more particularly described as follows, to wit: SEE ATTACHED EXHIBIT "A" TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said heirs and assigns forever. And the said Grantor(s) does(do) hereby covenant to and with the said Grantee(s), that Grantor(s) is/are the owner(s) in fee simple of said premises; that said premises are free from all encumbrances EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee(s); and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) oflation an assessmen record, and general taxes and assessments, (including iral,and taattflitY Grantor(s) will ts, if a any) for the current year, which are not yet due and payble warrant and defend the same from all lawful claims whatsoever. Effective this 11 day of November, 2012 DBTV Agricultural Holdings, LLq By: Corey D. rc-Manager By: EAMI LLC, Its Manager By: Timothy W. Eck, Manager Order IVo. 1076731 -Ip Deed -Warranty State of Idaho County of Order No. 1076731 -Ip On this day of November, 2012, before me the undersigned, a Notary Public in and for said state, personally appeared):prey D. Barton known or identified to me to be the persqfi (s) whose name is/are sub cr bed to the within instrument as the Manager of DBTV Ag4ultural Holdings LyQ and ackngWledged to me that he executed the same as such 1 Notdry Public Residing at My Commission Expires: State of Idaho C'niinty of On this - 2�0 day of November, 2012, said state, personally appeared Timothy whose ame is/are subscribed to the wi fi e Mpager of DBN Agricultural Holdjr the s6rne as Notary Public Residing at My Commission Expires: Order No. 1076731 -Ip Deed -Warranty '. NU a =.j • Q%Z �; I � a• before me the undersigned, a Notary Public in and for known or identified to me to be the person(s) _rument as the Manager of EAMI LLC which is and acknowledged to me that he executed ReeWtn4�i�� �'t�.�t6 MV EXHIBIT "A" parcel II : S1223212404 Order No. 1076731 -Ip A tract of land situated in the North One Half of the North One Half of Section 23, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: Commencing at a found brass cap monumenting the North One Quarter of said Section 23 on the centerline of West Overland Road, from which a found 5/8 -inch steel pin monumenting the West 1/16th Corner common to said Section 23 and Section 14, Township 3 North, Range 1 West, Boise Meridian bears North 89014'25" West, a distance of 1,326.15 feet; thence following the Northerly line of said Section 23 and the centerline of said West Overland Road, North 89014'25" West, a distance of 179.35 feet to a found 5/8 -inch steel pin; thence leaving said Northerly line and said centerline, South 00145'35' West, a distance of 50.50 feet to a point on the Southerly right-of-way line of said West Overland Road being the POINT OF BEGINNING; thence following the Southerly right-of-way line of said West Overland Road the following two (2) courses: South 89014'25" East, a distance of 179.46 feet to a point; South 89019'41" East, a distance of 625.35 feet to a point; thence leaving said Southerly right-of-way line, South 00038'42" West, a distance of 264.01 feet to a point; thence 31.47 feet following the arc of a circular curve to the right, said curve having a radius of 20.00 feet, a central angle of 90009'34", a chord bearing of South 45043'29" West and a chord distance of 28.32 feet to a point; thence North 89011'44" West, a distance of 507.62 feet to a point; thence 137.44 feet following the arc of a circular curve to the left, said curve having a radius of 525.00 feet, a central angle of 15600'00", a chord bearing of South 83018'16" West and a chord distance of 137.05 feet to a point; thence South 75048'16" West, a distance of 409.49 feet to a point; thence 63.31 feet following the arc of a circular curve to the left, said curve having a radius of 80.00 feet, a central angle of 45020'41", a chord bearing of South 53007'56" West and a chord distance of 61.67 feet to a point; thence 140.75 feet following the arc of a non tangent curve to the right, said curve having a radius of 500.00 feet, a central angle of 16007'43", a chord bearing of South 87053'02" West and a chord distance of 140.29 feet to a point; thence South 00048'16" West, a distance of 353.17 feet to a point on the centerline of the Ridenbaugh Canal; thence following the centerline of said Ridenbaugh Canal the following three (3) courses: North 61029'03" West, a distance of 150.70 feet to a point, 320.04 feet following the arc of a circular curve to the left, said curve having a radius of 375.00 feet, a central angle of 48053'57", a chord bearing of North 85056'02" West and a chord distance of 310.42 feet to a point; South 69137'00" West, a distance of 34.90 feet to a point on the Southwesterly right-of-way line of said West Overland Road; thence leaving said centerline and following the Southwesterly right-of-way line of said West Overland Road the following four (4) courses: North 14053'23" East, a distance of 44.83 feet to a point; North 75006'37" West, a distance of 7.36 feet to a point, 150.17 feet following the arc of a non tangent curve to the right, said curve having a radius of 952.25 feet, a central angle of order No. 1076731-tp Deed -Warranty Order No. 1076731 -Ip 09o02108", a chord bearing of North 22050'11" East and a chord distance of 150.02 feet to a point, 1,072.76 feet following the arc of a non tangent curve to the right, said curve having a radius of 949.50 feet, a central angle of 64044'02", a chord bearing of North 58023'34" East and a chord distance of 1,016,61 feet to the POINT OF BEGINNING. Parcel III: Parcel S1223120934 A tract of land situated in the North one half of Section 23, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, and being Parcel of Record of Survey No. 8550 recorded April 22, 2009 as Instrument No. 109045733, more particularly described as follows: Commencing at a found brass cap monumenting the North one quarter of said Section 23 on the centerline of West Overland monumenting the Northeast corner of said Section Road, from which a found Y2 -inch steel pin 23 bears South 89°19'41" East a distance of 2,661.73 feet; Thence Following the northerly line of said Section 23 and the centerline of said West Overland Road South 89°19'41" East a distance of 665.41 feet to a 5/8 inch steel pin; Thence leaving said northerly line and said centerline South 00`38'49" West a distance of 50.50 feet to a point on the southerly right-of-way line of said West Overland Road, being the Point of Beginning; thence South 00`38'49" West a distance of 838.12 feet to a 5/8 inch steel pin; thence South 89019'29" East a distance of 250.00 feet to a 5/8 inch steel pin; thence South 00038'49" West a distance of 137.22 feet to a point; thence South 2849'56" West a distance of 49.47 feet to a point; thence 60.56 feet following the arc of a non tangent curve to the right, said curve having a radius of 293.15 feet, a central angle of 11°50'08", a chord bearing of South 56°02'38" East and a chord distance of 60.45 feet to a point; thence South 18041'27" West a distance of 180.38 feet to a point; thence 113.77 feet following the arc of a circular curve to the right, said curve having a radius of 195.00 feet, a central angle of 33'25'46", a chord bearing of South 35024'20" West and a chord distance of 112.17 feet to a point; thence South 52'07'13" West a distance of 118.95 feet to a point; thence South 35"23'08" West a distance of 26.28 feet to a point; thence South 5200713" West a distance of 50.00 feet to a point; thence South 52°03'57" West a distance of 114.78 feet to a point on the northerly right-of-way line of Ridenbaugh Canal; thence following the northerly right-of-way line of said Ridenbaugh Canal the following 2 courses: North 37052'47" West a distance of 37.00 feet to a point; 316.45 feet following the arc of a circular curve to the left, said curve having a radius of 200.00 feet, a central angle of 90°39'20", a chord bearing of North 83012'27" West and a chord distance of 284.46 feet to a point; thence leaving said Order No. 1076731 -Ip Deed -Warranty Order No. 1076731 -Ip northerly right-of-way line North 56031'59" West a distance of 159.58 feet to a point on said northerly right-of-wayline; Thence following said northerly right-of-way line the following 8 courses: North 03°28'17" West a distance of 188.54 feet to a point; North 86°31'43" East a distance of 10.00 feet to a point; 276,48 feet following the arc of a non tangent curve to the left, said curve having a radius of 230.00 feet, a central angle of 68052'24", a chord bearing of North 37°54'29" West and a chord distance of 260.13 feet to a point; North 72°20'41" West a distance of 150.79 feet to a point; 46.42 feet following the arc of a circular curve to the right, said curve having a radius of 320.00 feet, a central angle of 08°18'42", a chord bearing of North 68`11'20" West and a chord distance of 46.38 feet to a point; North 64°01'59" West a distance of 330.62 feet to a point; a radius of 14.24 feet following the arc of a circular curve to the right, said curve having 320.00 feet, a central angle of 02032'56", a chord bearing of North 62°45'31" West and a chord distance of 14.23 feet to a point; orther y North 61029'03" West a distance of 118.75 feet to a point; thence leaving said n right-of-way line North 00048'16 East a distance of 262.80 feet to a point; Thence 140.75 feet following the arc of a non tangent curve to the left, said curve having a radius of 500.00 feet, a central angle of 16°07'43", a chord bearing of North 87°53'02" East and a chord distance of 140.2 feet to a point; Thence 63.31 feet following the arc of a non tangent curve to the right, said curve having a radius of 80.00 feet, a central angle of 45°20'41", a chord bearing of North 53°07'55" East and a chord distance of 61.67 feet to a point; thence North 75°48'16" East a distance of 409.49 feet to a point; thence Easterly 137.44 feet following the arc of a circular curve to the right, said curve having a radius of 525.00 feet, a central angle of 15'00'00", a chord bearing of North 83`18'16" East and a chord distance of 137.05 feet to a point; thence South 89°11'44" East a distance of 507.62 feet to a point; thence c of a circular curve to the left, said curve having a Northeasterly 31.47 feet following the ar radius of 20.00 feet, a central angle of 90°09'34", a chord bearing of North 45"43'29" East and a chord distance of 28.32 feet to a point; thence North 00"38'42" East a distance of 264.01 feet to a point on the southerly right -of way line o West Overland Road; thence following said southerly right-of-way line South 89°19'41" East a distance of 40.05 feet to the Point of Beginning. order No. 1076731 -Ip Deed -warranty ADA COUNTY RECORDER Chditapher D. Rleh AMOUNT 10,00 t BOISE IDAHO 08:11 AM III IIII'��I'I'I'`III'1I"I'I'I�III�II DEPUTYY Cal Qe11Oure0etroD RECORDED -REQUEST OP 113084472 Narthum Beak SATISFACTION OF MORTGAGE KNOW ALL PERSONS, that Northwest Bank form150, erly known ID 83702-5191 HEREBY Bank, whose address is 1750 W. Front St., Ste. date o October 2012 , and executed CERTIFIES that a certain mortgage bearingaho Corporation, to secure payment of the by COREY BARYON HOMES _ principal sum of One Million Nine Hundred Seventy three Th d. intur d duly recorded m the Nine -three & 92/100 Dollars ($1.9 of Ad 9State of Idaho as Instrument No.112113659 office of the Recorder of the County � of the record of Mortgages of said County. IS FULLY PAID, and do hereby consent that the same be discharged of record Dated: I )-q) _ formerly known as Western Capital Bank , Relationship Manager ACKNOWLEDGMENT -CORPORATE STATE OF ) )SS. COUNTY OF ) On this 2e day of July, in the year of 2013, before me, the undersigned, a Notary Public in and for said State, personally appeared Doug Ward, known or identified to me to be theyP Relationship Manager, of the corporation, and acknowledged tome that such witness whereof, I have hereunto set my hand and corporation executed the same. In affixed my official oattg�nle4,,month and year in this certificate first above written. Residing -At: ly(,c-7-D Expiration Date: to 1 Z.Z F x4'2 -'-J-2 SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY MORTGAGE THIS MORTGAGE dated October 31, 2012, is made and executed between COREY BARTON HOMES, INC., an Idaho Corporation, whose address is 1977 E OVERLAND RD, MERIDIAN, ID 83642 (referred to below as "Grantor") and WESTERN CAPITAL BANK, whose address is 1750 W FRONT ST STE 150, BOISE, ID 83702-5191 (referred to below as "Lender"). GRANT OF MORTGAGE. For valuable consideration, Grantor mortgages, grants, bargains, sells and conveys to Lender all of Grantor's right, title, and interest In and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; ail water, water rights, watercourses and ditch rights iincluding stock in utilities with ditch or irrigation rlghls); and all other rights, royalties, and profits relating to the reel property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in ADA County, State of Idaho: See SCHEDULE C, which is attached to this Mortgage and made a part of this Mortgage as if fully set forth herein. The Real Property or its address is commonly [mown as N/A WEST OVERLAND and NIA SOUTH LINDER ROAD, MERIDIAN, ID 83642. CROSS -COLLATERALIZATION. In addition to the Note, this Mortgage secures all obligations, debts and liabilities, plus interest thereon, of Grantor to Lender, or any one or more of them, as well as all claims by Lender against Grantor or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise,. whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Grantor may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party at otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable. Grantor presently assigns to Lender all of Grantor's right, title, and interest in and to all present and future leases of the Property and all Rents from the Property. in addition, Grantor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents, THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage, Grantor shall pay to Lender all amounts secured by this Mortgage as they become due and shall strictly perform all of Grantor's obligations under this Mortgage. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Grantor may 11) remain in possession and control of the Property; (2) use, operate or manage the Property; and 13) collect the Rents from the Property. The following provisions relate to the use of the Property or to other limitations on the Property. Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Compliance With Environmental Laws. Grantor represents and warrants to Lender that: (1) During the period of Grantor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (2) Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Grantor nor any tenant, contractor, agent or other authorized user of the Property shell use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; and Ib) any such activity shall be conducted In compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Grantor authorizes Lender and its agents to enter upon the Property to make such inspections and tests, at Grantor's expense, as Lender may deem appropriate to determine compliance of the Property with this section of the Mortgage. Any Inspections or tests made by Lender shall be for Lenders purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Grantor or to any other person. The representations and warranties contained herein are based on Grantor's due diligence in Investigating the Property for Hazardous Substances. Grantor hereby (1) releases and waives any future claims against Lender for indemnity or Contribution in the ADA COUNTY RECORDER Christopher D. Rich AMOUNT 49.00 14 BOISE IDAHO 10131/2012 11:38 AM RECORDATION REQUESTED BY: DEPUTY Bonnie cog liglllllll WESTERN CAPITAL BANK SimplilRa Electronic Recording Illll IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII'I'IIIII IIIIIIIIIIIII Main Office RECORDED -REQUEST OF 112113658 1750 W FRONT ST STE 150 TITLEONE BOISE BOISE, ID 63702-6191 WHEN RECORDED MAIL TO: WESTERN CAPITAL BANK Main Office 1750 W FRONT ST STE 15O BOISE, ID 63702-5191 1 Z.Z F x4'2 -'-J-2 SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY MORTGAGE THIS MORTGAGE dated October 31, 2012, is made and executed between COREY BARTON HOMES, INC., an Idaho Corporation, whose address is 1977 E OVERLAND RD, MERIDIAN, ID 83642 (referred to below as "Grantor") and WESTERN CAPITAL BANK, whose address is 1750 W FRONT ST STE 150, BOISE, ID 83702-5191 (referred to below as "Lender"). GRANT OF MORTGAGE. For valuable consideration, Grantor mortgages, grants, bargains, sells and conveys to Lender all of Grantor's right, title, and interest In and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; ail water, water rights, watercourses and ditch rights iincluding stock in utilities with ditch or irrigation rlghls); and all other rights, royalties, and profits relating to the reel property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in ADA County, State of Idaho: See SCHEDULE C, which is attached to this Mortgage and made a part of this Mortgage as if fully set forth herein. The Real Property or its address is commonly [mown as N/A WEST OVERLAND and NIA SOUTH LINDER ROAD, MERIDIAN, ID 83642. CROSS -COLLATERALIZATION. In addition to the Note, this Mortgage secures all obligations, debts and liabilities, plus interest thereon, of Grantor to Lender, or any one or more of them, as well as all claims by Lender against Grantor or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise,. whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Grantor may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party at otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable. Grantor presently assigns to Lender all of Grantor's right, title, and interest in and to all present and future leases of the Property and all Rents from the Property. in addition, Grantor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents, THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage, Grantor shall pay to Lender all amounts secured by this Mortgage as they become due and shall strictly perform all of Grantor's obligations under this Mortgage. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Grantor may 11) remain in possession and control of the Property; (2) use, operate or manage the Property; and 13) collect the Rents from the Property. The following provisions relate to the use of the Property or to other limitations on the Property. Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Compliance With Environmental Laws. Grantor represents and warrants to Lender that: (1) During the period of Grantor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (2) Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Grantor nor any tenant, contractor, agent or other authorized user of the Property shell use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; and Ib) any such activity shall be conducted In compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Grantor authorizes Lender and its agents to enter upon the Property to make such inspections and tests, at Grantor's expense, as Lender may deem appropriate to determine compliance of the Property with this section of the Mortgage. Any Inspections or tests made by Lender shall be for Lenders purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Grantor or to any other person. The representations and warranties contained herein are based on Grantor's due diligence in Investigating the Property for Hazardous Substances. Grantor hereby (1) releases and waives any future claims against Lender for indemnity or Contribution in the MORTGAGE Page 2 Loan No: 800102803 (Continued) to efend, and ss event Grantor becomes liable for cleanup or other costs under a altiesny h and expnsalaws; and swh ch Lander dmay, direr ly or indirectlydsustain or Lender against any and all claims, losses, liabilities, damages, p suffer resulting from a breach of this section of the Mortgage or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Grantor's ownership or Interest in the Property, whether or not the same was or should have been known to Grantor. The provisions of this section of the Mortgage, including the obligation to Indemnity and defend, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Mortgage and shall not 6e affected by Lender's acquisition of any Interest In the Property, whether by foreclosure or otherwise. or waste on or to Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commie ng, Grantor will not emovit, or suffer any le, orng grant to any other the Property or any portion of the Property. Without limiting the generality of the foregoing, ravel or rock products without Lender's prior party the right to remove, any timber, minerals (Including oil and gas), coal, clay, scoria, soil, g written consent. omoval of I pro me . ha Grantor shall al not dny emolish orMe, oLender ve eany ayrreq rre Grantor to Make arrangements vements from the Real Property osatsfactory ct oLender to oa replace such Improvements with Improvements of at feast equal value. on [Landero LendIs erRs9nieroststand toinspectder dthe RaelsPafoparry forgents foupuceusestatives may enter of Grantor's compliance cehwiiteal th theroperty at terms andaconditionsreasonabof le this Mortgagmes to e l laws, nances, and lations, now or n Compliance all governments as Require applicable Grntortheauser o,r ooeupancy otly itha th iProperty, r including without limitation, he Americans ring any With Disabilities Act. Grantor maY contest ingood as Grith any antor hasuch law, no[ fad Lender inewotinggulation and withhold p for to doing so and so long as, iiance n Lender's proceeding, including appropriatePP sole opinion, Lender's interests nthe Property are not jeopardized. Lander may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest. in addition to those Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other acts, ter and use of the Property are reasonably necessary to protect and preserve the acts set forth above in this section, which from the chaac Property. DUE ON SALE - CONSENT BY LENDER. Lander may, at Lender's option, declare immediately of the Reel Property orllanyrfnteres[ in the Real Mortgage upon the sale or transfer, without Lender's prior written consent, of all or any p Property- A "sale or transfer" means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, Installment Salo contract, land contract, contract for deed, If an Grantor is at equitable- interest with a term greeter than three w years, Base -option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust holding title to the fleas Property, or by any other method of conveyance of an interest in the Reef Property V es any he votinen twenty g stock, partnershor ip interests orlll mired lability company interety company, transfer also sts, as the hcase may bee in , of such Grantor.rship of more IHowever, this aopi on (shell not beexercised by Lender if such exercise is prohibited by federal law or by Idaho low. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Mortgage: al taxes, ll chargestpaymen. Grantor shall and ewer service charges levied against pay when due all orevents adelinquency) the Property, aall nd shall payowhen due all claims for work done on assessments, water on or count offor services rendered or material furnished to the Property. Grantor shall maintain the Property free of any liens having priority over or equal to the interest of Lender under this Mortgage, except for those liens specifically agreed to in writing by Lender, and except for the lien of taxes and assessments not due as further specified in the Right to Contest paragraph. Right to Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the ized. if a lien arises or is Grantor shall within fifteen (151 days afterathetIn l'lenthe adsasoor,rit a lien iy is not s filed, ledrdw thin fifteen (15) days after ,Gre foled as r has notice ce of t of the filing, ssecure atisfactod or other security rdischarge y to Lender in anthe llen or If amount sufficienttoydis hoe ga the lien pus anyLander costs and reasin or a tonableicient cattorneysorporate s fees, ourety rothercharges that shadefend itself and antor could accrue as a result ail judgment before f a foreclosure re or salenst under th ty.n Grantor shalI nameLander satisfy any a lie. In any contest,r Lender as an additional obliges underd any, surety bond avefurnished in the contest proceedings. dence of payment of the taxes or assessments and shall Evidence of Payment. Grantor shall upon demand furnish to Lander satisfactory evi authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property. eat allotice of ny ma[edalssare supplied toteheshall Property, if any mechanic's lien, n`imatderialmaays n's linre t, or othrk is er lien coulddbe nasserted aon account hof the work, services, or materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such improvements. PROPERTY DAMAGE INSURANCE. The following Provisions relating [o insuring the Property are a part of this Mortgage: rance, with cies Of fire ins aements on replacement bases for the full insu able tor shall valuercovering maintain alll improvements on theuReal Property in area . sufficient extended go avoid sapplicetnn vor of comprehensiverocure and maintain any coinsurance erel (lability and aurelnceth en such coverage standard gamountagee s as Lendeuse in r may equestewith Lenderr. being named If also pas additional insureds in such liability insurance policies. Additionally, Grantor shall maintain such other insurance, including but no[ limits of to hazard, business interruption and boiler Insurance as Lander may require. Policies shall be written by such insurance companies and in such form as may be ates of overage, will no the Lander. Grantor diminished wlithout a minimum of ter to Lender n(10)days prior writtenom each notice toer Lenderaand not containing that any cover ge in favor of Lander ill l of bety for iimpai impaired iailure to n any way by any acve such notice. t, omission or default policy aof Granlso tor oreny therde an dpers n. Should orsement dthe Real Property be located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, if available, for the full unpaid principal balance of the loan and any prior MORTGAGE t rd,- 800102803 (Continued) Page 3 lions on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as ornc,. — required by Lender, and to maintain such insurance for the term of the loan. Lender may, at Lender's Whether or not Lender's security is impaired, Application of Proceeds. Grantor shag promptly notify Lender of any loss or damage to the Property- Lender may make Proof of loss i Grantor fails to do so within fifteen f15) days of the casualty election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction o the Indebtedness, payment of any ten affecting th¢ Property, or the restoration and repair of the Property. If Lender elects to apply the proceeds ru restorPon ation and repair, Grantor shall repair or replace the reimburse Greater from the proceadsin a manner for he reasonableacost tof repair or restorato Lender. Lender ion iF Granmassa nr°f In default such expenditure, pay any amaunt owing to Lender under this h Lender then to under this Mortgage. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender hes no committed to the repair or restoration r, the Property shall be used first to pay ear. Pay accrued interest, and the remainder, if any, shell be applied to the Grantor balance to the Interests may a If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Grantor es Grantor's ir,Grant mayapPon Grantor's Report on Insurance. upon request of Lender, however not more than once a year, Grantor shell furnish to Lender a report he each existing policy of Insurance showing: (ti the name of the Insurer; 12) the risks Insured; nit the amount of the policy; pir the property insured, the then current replacement value of such property, and the manner of determining that value; and {51 the expivalue ration date of the policy. Grantor shall, upon request or Lender, have an independent appraiser satisfactory to Lender dater L'endarameyhequi e replacement cost of the Property- which reserves shall be created and Insurance premiums, TAX AND INSURANCE RESERVES. Subject to any limitations end consistent with any requirements set by applicable low, Grantor is maintain with Lender reserves for payment of annual taxes, assessments, assessments, and in premiums Lender reasonably anticipates to be Gr an Initial deposit and subsequent monthly payments, or payments et such other interval as payments under the Nota may 6e due, t esu estimated by Lender to be sufficient m pay the total annual taxes, paid from these reserves. The reserve funds shall be held by Lender as a general deposit from Grantor,due. Lander Lander may satisfy by payment o the taxes, assessments, and insurance premiums required to be, paid by Grantor as they become du¢. Lflnder shall have the paying it, Nothing right to drew upon the reserve funds to pay such items, and Lender shall not be required to determine the validity or accuracy a any item heft i f incur reserve funds in the Mortgage shell be construed as requiring Lender [o advance other montes for such purposes, and Lender shall net incur any liability for anything r may do or omit to do with respect to the reserve account. Subject to any limitations set by opplicabla in the reserve account are a law, disclose ladhedto furtheriseuo [Grhe Indebtedness, suchand Lender lis hereby authorized . or deficiency as touwl hdraw and ired by rapply such amounts n the Indebtedness upon p 9 Lender does not hold the reserve funds in trust for Grantor, and Lender Is reel Grantor's agent for upon the occurrence t r Event of Default. Lander shall not ba required t pay any interest or earnings on the reserve funds unless required V law or agreed to by Lender in writing. in payment of the taxes and assessments required to be paid by Gramar. LENDER'S EXPENDITURES-vIreIt any action or vision of his Mortgageing is oranycRel ed Documants,ntor nenced that rinc uding butld materially s of lim ted¢to Grantorks fahurerto discharge or pay fails to comply in all taxes, liens, when duo any amounts Grantor is required to discharge or pay under this Mortgage or any Related Documents, Lender on Grantor's behalf may when ining and (but shall not a obligated to) take any action that Lender deems appropriate, including but not limited to discharging or paying security interests, encumbrancespuch end other th r claims, recuat any rred oripaid lbyl Lender ed or ltorsuchd on tpurpohe F sea will then-mparty and ebear inying lferest tether eteehergedaunder the Preserving the Property.me a part of the indebtedness nses will bee date able Note from the date Incurred or paid bye ablarto theon demand; (818 be addedtoGhe balenAcable h surance P me a be apportioned or (2)the remaining temp of the and, at Lender's option, will (AI be p y with any installment payments to become due during either I7) the term of any appgo also hese or(C)Amounts.e Such right ght a balall loon enn addition payment whin other rights and re adios to whiohayable attLandertmay 6eTentid up' Nate; Default. secure payment o WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property area part fee this Mortgage: 71de. Grantor warrants that: (a) Grantor holds good and marketable title of Fee ord V title the Property in fee simple, freort, rand authority to J encumbrances other than ssued in favor of, end accepodoby6Landertin the Real in onnecti nr with thisoperty sMortgage, ancription OF in d (b) Grantor has that fullti dight, pp rt, or final title opinion execute and deliver this Mortgage to Lender. arrants end will forever defend the title to the Property against Defense of Title. Subject to the exception in the paragraph above; Grantor wbut the lawful claims of ogG entorssh Il the defendevent [he actionaction at Grantor'sg is xpense.mG.rantrhmay betithe narminal party n such own nchoice, and under this Mortgage, 1. in the by couns Lender $hall be entitleed to participate be in thered,proceeding enderdsuch ensttuments des Lender may request from ) time of eto time t npermit such Grantor Will deliver, participation. enter warrants that the Property and Grantor's use of the Property complies w Compliance With Laws. Grith all existing applicable laws, ordinances, and regulations of governmental authorities. e, shall be continuing in nature, and shall remain in full force and effect until such time as Survival of Representations and Warranties. survive the execution and delivery of this MortgAll representtios, warranties, and agreements mode by Grantor in this Mortgageshall ag Grantor's Indebtedness shall be paid in full. CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Mortgage: Proceedings. if any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing, and Grantor shall promptly take y counse such steps es may be necessary to defend the action and obtain the award. Grantor may be the nominaof its l party in such proceeding, but wilLanl shalorceentitled to to participate eed ti lendersuchni trumensI and to aandrdocumentation as may be esented in the proceeding requestedlby Lendernfrom time toGmetto er use permit such participation, portion of the net proceeds of the award be applied to Application of Not Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any Proceeding or The net proceeds of the award shall mean the award after payment of all purchase in lieu of condamnetlon, Lender may et its election require that all or any p the Indebtedness or the repair or restoration of the Property reasonable costs, expenses, and attorneys' fees incurred by Lender in connection with the condemnation. MORTGAGE t ri 800102803 (Continued] Page 4 IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES- The followingprovisions relating o I... and charges ars a part Of this Mortgage: Grantor shall Mortgage Lender for Currant Taxes, Fees end Charges. Upon request by Lender, Grantor shall execute such documents in addition to this Mortgage and taker whoever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. ell. taxes, es described below, together withell expenses incurred in recording, perfecting or continuing this Mortgage, including without Mortgage - limitation all taxes, fees, dacnmentatY stamps, and other charges for recording or registering this ax n this type of Mortgage or upon all or any Taxes. The following shall constitute taxes to which this section applies: 11) a specifiGrantof or is ch authorized required the Lender or the part of the Indebtedness secured by this Mortgage; (2) a specific ex on Grantor which Grantor is authorized or required to deduct from ngeaft payments on the Indebtedness secured by this type of Mortgage; (3) a ten a this type holder of the Nota; and 14) a specific tax on all or any portion of the Indebtedness or on payments of principaV and interest made y Grantor. Subsequent Taxes. It any tax to which this section applies is enacted subsequent [o the date of this Mortgagean Event of , this event shell have the vallob same effect as an Event of Default, tax before rR becomes delinquent, fee any or llort f(2)ts aContestslt hea'ax ases rprovided abope fin the Taxes andbLie s unless Grantor either Of Pays as a security agreement are a part of section and deposits with lender csh or a sufficient corporate surety bond or ocher security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Mortgage this Mortgage: reement to the extent any of the Property constitutes fixtures, and under the Uniform Commercial Code as amended from time to time. Lender all have This instrument shall constitute a Security 9 Lender shell have all of the rights of a secured party In addition to recording this Mortgage er n the (OR] ons orf this mortgage as aafinan financing Security Interest. Upon request by Lender, Grantor shall take whatever action is requested by Lender to perfect and continue Lender's security interest in the Rents and Personal Property. time and without further authorization from Grantor, file executed counterparts,U on r oust, Grantor shell assemble any Personal Property not statement* Grantor shall reimburse lender for all expansefrom therPropertyperfecting or continuing this security interest. Upon Personal rentor shall not remove, saver or detach the Personal Property iicable law. affixed to the Property in a manner and at a place reasonably convenient to Grentor end Lender and make h available to lender within three (3) days after receipt of written demand from Lender to the extent permitted by app security ured granted by tmation CC AddrossasThe mailing MortgagadMay a., of Grantor be obtained (each tasi required by thand Lender e Uniform Commercial Code) arty) from which rare as stated ron the afirst Polls of this his Mortgage. NEY-1N•FACT. The following provisions relating to further assurances and attorney-in-fact are a part of this FURTHER ASSURANCES; ATTOR Mortgage: to Lender or m Lender's designee, end when requested by Lander, cause to be filed, recorded, refiled, or Further Assurances. At any time, and from time to Lima, upon request of Lender, Grantor will make, execute and deliver, or will cause o d all such mortgages, be made, executed or delivered, and rerecorded, as the case may 6e, asacuritytimes ag eements.uf nanob cings sta ements,ac ntinuaton sta emendeem t's, instrumecturopriate, any ate,o mpl assurance, deeds of trust, security deeds, certificates, and other documents es may, in the sols opinion of Lender, he necessary or desirable in order to effectuate, complete, perfect, , continue, or preserve (1) Grantor's obligations under the Note, this Mortgage, and the Related Documents, and (2f the Inns and security intemsts created by this Mortgage as first and prior liens an the Property, whether now owned or here acquired by Grantor. Unless prohibited by law or Lender agrees to the contrary In writing, Grantor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph. Grantor hereby irrevocably appoints Lender as Grantor's attorney-in-fact for the Attorney-In•Faot. If Grantor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name Of Grantor and at Grantor's expense. For such purposes, end doing all other things as may be necessary or desirable, In Lnder's sole purpose of making, executing, delivering, filing, recording, opinion, to accomplish the matters referred to in the preceding Paragraph. Pon the as may be amended from time to PARTIAL RELEASES. ES. Lender for in aexecute partial Business Loan eAgreem nthoflevenien fdat'e beetweennBor ower and Lena r,conditions' Partial release provision be pro time. erforms all the obligations imposed upon Grantor under FULL PERFORMANCE. If Grantor pays alt the Indebtedness when due, and otherwise p this Mortgage, Lender shall execute end deliver to Gran, tar a suitable satisfaction of the Mortgage and suitable statements of termination any Personal Property. Grantor will pay, if permitteto ants and th pplicable c ble law, any entroas on file evidencing gmination fes as determined by Lender hfrom a time to time. d by EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Mortgage; payment Default. Grantor fails to make any payment when due under the Indebtedness. Default on "or Payments. Failure of Grantor within the time required by this Mortgage to make any payment for texas or insurance, or any other payment necessary to prevent filing of or to affect discharge of any lien. Environments! DefeuR. Failure of any party to comply with or perform when due any term, obligation, covenant or condition contained in any environmental agreement executed in connection with the Property. with or to perform any term, obligation, covenant or condition contained in any other Other Defaults. Grantor fails to comply with or a perform any other term, obligation, covenant or condition contained in this Mortgage o In any of the Related Documents or to comply reemonL purchase or sales agreement between Lender and Grantor. security all Default in Favor of Third Parties. Should Grantor default under any loan, extension of credit, agrnmen6 or any other agreement, in favor of any other creditor or person that msy materially affect any of Grantor's property or Grantor's ability to repay, the Indebtedness or Grantor's ability a perform Grantor's obligations under this Mortgage or any of the Related Documents. False Statements. Any warranty, representation or statement made or furnished to Lender by Grantor or on Grantor's behalf under i s MORTGAGE Loan No: 800102803 (Continued) Page 5 Mortgage or the, Related Documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Dofoctive Collateralization. This Mortgage or any of the Related Documents ceases to be in full force and effect (including failure of any collateral document to create a valid and perfected security interest or lion) at any time and for any reason. Insolvency. The dissolution or termination of Grantor's existence as a going business, the insolvency of Grantor, the appointment of e receiver for any part of Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Grantor. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Grantor or by any governmental agency against any property securing the Indebtedness. This includes a garnishment of any of Grantor's accounts, including. deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Grantor as to the validity or reasonableness of the claim which Is the basis of the creditor or forfeiture proceeding and If Grantor gives Lander written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for rho creditor or forfeiture proceeding, in an amount determined by Lender, In Its sole discretion, as being an adequate reserve or bond for the dispute. Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and Lender that is not remedied within any grata period provided therein, including without limitation any agreement concerning any indebtedness or other obligation of Grantor to Lender,whether existing now or later. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. Adverse Change. A material adverse change occurs in Grantor's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is Impaired. Insecurity. Lender in good faith believes itself insecure. Right to Cure. if any default, other than a default In payment is curable and If Grantor has not been given a notice of a breach of the same provision of this Mortgage within the preceding twelve (1 21 months, it may be cured if Grantor, after Lender sends written notice to Grantor demanding cure of such default: (1) cures the default within fifteen (15) days; or (2) If the cure requires more than fifteen (16) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of an Event of Default and at any time thereafter, Lender, at Lender's option, may exercise any one or more of the following rights and remedies, in addition to any other rights or remedies provided by law: Accelerate Indebtedness. Lender shell have the right at its option without notice to Grantor to declare the entire Indebtednessimmediately due and payable, including any prepayment penalty that Grantor would be required to pay. UCC Remedies. With respect to all or any part of the Personal Property, Lender shell have all the rights and remedies of a secured party under the Uniform Commercial Code. Collect Rents. Lender shot] have the right, without notice to Grantor, to take possession of the Property and collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lender, then Grantor irrevocably designates Lender as Grantor's attorney-in-fact to endorse instruments received In payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either in person, by agent, or through a receiver. Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver. Judicial Foroclosure. Lender may obtain a judicial decree foreclosing Grantor's interest in all or any part of the Property. Nonjudicial Sale. If permitted by applicable law, Lender may foreclose Grantor's interest In all or in any part of the Personal Property or the Real Property by non -judicial sale. Deficiency Judgment. If permitted by applicable low, Lender may obtain a judgment for any deficiency remaining in the Indebtedness due to Lender after application of all amounts received from the exercise of the rightsprovided in this section. Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided above or Lander otherwise becomes entitled to possession of the Property upon default of Grantor, Grantor shall become a tenant at sufferance of Lender or the purchaser of the Property and shall, at Lender's option, either (1) pay a reasonable rental for the use of the Property, or (2) vacate the Property immediately upon the demand of Lender. Other Remedies. Lender shall have all other rights and remedies provided in this Mortgage or the Note or available at law or in equity. Sale of the Property. To the extent permitted by applicable law, Grantor hereby waives any and all right to have the Property marshalled. In exercising its rights and remedies, Lender shall be free to sell all or any part of the Property together or separately, in one sale or by separate sales, Lender shall be entitled to bid at any public sale on all or any portion of the Property. Notice of Sale. Lander shall give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the time after which any private sale or other intended disposition of the Personal Property is to be made. Reasonable notice shall mean notice given at least ten 110) days before the time of the sale or disposition. Any sale of the Personal Property may be made In conjunction with any sale of the Real Property. Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Mortgage, after Grantor's failure to perform, shall not affect Loan No: 800102803 MORTGAGE (Continued) Page 6 ts remedies. Nothing under this Mortgage or otherwise shall be construed so as to uu,e .., Lender's right to declare a default and exercise I Lender to prolity of restrict the ceed and remctly against available t llt r Lender folio again111 st other co-maker,n Event of guarantornsu surety or endorser and/or to the against any other collateral directly or indirectly securing the Indebtedness. Attorneys' Fees; Expenses. IT Lender institutes any suit or action to enforce any of the terms of this Mortgage, Lender shell he entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action is involved, and [o the extent not prohibited by law, ell reasonable expenses Lender incurs that in Lander's opinion are necessary at any time for the. protection of its Interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear Iiof the law, Lender's reasonable attorneys' fees and Lender's legal expanses whether or net there is interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without t fere is however subject to any limits under app r vacate any e lawsuit, including reasonable ettornand afnoe anticipated expenses bankruptcy pro services. the cost of searching ted bsto modify appli ai e o title . automatic stay or injunction), appeals, Y reports (including injunforecdo ),'appeals surveyors' reports, and appraisal tees and title Insurance, to the extent perminad by applicable low. Grantor eiso will pay any court costs, in addition to all other sums provided by law. when NOTICES. Any notice required to be given under this Mortgage, including without limitation any notice of default and any notice of sale shall be when deposited in the United States mail, as first class, certified or given in writing, and shall be effective when actually delivered, when actually received by telafacsimile (unless otherwise required by law), deposited with'a nationally recognized overnight courier' or' if melted, registered mail postage prepaid, directed to the addresses shown near the beginning of this Mortgage. All copies of notices of foreclosure from giving formal written notice to the other parties, specifying that the the holder of any lien which has priority over this Mortgage shall be sant o Lender's address, as shown near the beginning of this ortgage. Any party may change its address for notices under this Mortgage by g Grantor agrees to keep Lender informed at all times of Grantor's purpose of the notice is to change the party's address. For notice purposes, orwise provided or required by taw, if there is more than one Grantor, any notice given by Lender to any Grantor is current address. Unless oth deemed to be notice given to all Grantors. COUNTERPARTS -FACSIMILE SIGNATURES. This Agreement may be signed in any number of counterparts, each of which will be deemedto be an original, end all of which will be deemed to be an original, and all of which, taken together will constitute one and the same contract. The parties will accept a signed counterpart of this Agreement transmitted by facsimile machine or pdf as though it were an original document; provided, however, that each party so transmitting a document will be obligated to deliver the manually signed original via overnight delivery service. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Mortgage; itutes I of the matters setsforth together gage.'( No alta ation of or amendmentlated Documents, tto this Mortghe iege shalre l be effective unless gtanding and iven in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment.Grantor shall furnish to Lender, upon request, a. l as Annual Reports. If the Property is used for purposes oat ther than Grantor's Task Jones, statement of not operating income "Net. operating income"receil mean alit ash property eceptsduring from theoPropertytless all cash ex Lender shall require. made n sonnescal year In such form anetion with the operation of the Property. caption Headings. Caption headings In this Mortgage are for convenience purposes only and are not to be used to interpret or define the provisions of this Mortgage. Governing Law. This Mortgage will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the State of Idaho without regard to its conflicts of low provisions. This Mortgage has bean accepted by Lender in the State of Idaho. Choice of Venue. if there is a lawsuit, Grantor agrees upon Lender's request [o submit to the jurisdiction of the courts of ADA aunty, State of Idaho. No ndtsi9ned by lender. No delay oll not be e omissionemed to on he png ertve waived of Lender in exercising anyny rights under trightnshall operate as Sawa ver of such waiver is h right or aven in ny ocher right. A waiver by Lender of a provision of this Mortgage shall not prejudice or constitute a waiver of Landar's right otherwise to demand strict compliance with that provision or any other provislon of this Mortgage. No prior waiver by Lender, nor any course of dealing the granting of such consent by Lender in any instance between Lender end Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations es to any future transactions. Whenever the consent of Lender is required under this Mortgage, t g shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may he granted or withheld in the sole discretion of Lander. Severability. If a court of competent jurisdiction finds any provision of this Mortgage to id, iab illele gal, to any Invalid, or unenforceable as feasible, any circumstance, ttding shalllhbel cons'idarednot make hmodifiediso that ittOn becomes legal, valid and enforceable. If the offend'mgcprovisioo cannotbeso the offending provision modifiedrovisshall of this Mortgages deleted not affect the o egaety, validity or entforceabiililiitye sly by le herhprovisioln of Ithis lMortgage. idity, or nenforceabifity of any p e with any other interest or estate in the Property at any Merger. There shall be no merger of the interest or estate created by this Mortgage time held by or for the benefit of Lender In any capacity, without the written consent of Lender. Successors and Assigns. Subject to any limitations stated in this Mortgage on transfer of Grantor's interest, this Mortgage shall person binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes vested t a person other 's success thenby Gr, n forbearance without tnotic without releasing Grantor frommay deal with othetobligationa of thiras s Mortgage or liabilith reference to this y he Indebtedness Indebtedness sion Time is of the Essence. Time is of the essence in the performance of this Mortgage. Waive Jury. All parties to this Mortgage hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by any party against any other party. Waiver of Homestead Exemption. Grantor hereby releases and waives all rights and benefits of the homestead exemption laws of the State MORTGAGE Page 7 Loan No: 800102803 (Continued) of Idaho as to all Indebtedness secured by this Mortgage. p Unless specifically DEFINITIONS. The following capitalized words and terms shall have the following meanings when used In this Mortgage. unt, in lawful morn stated the singular shallall l references nclude the plurto al and ar the plural sounts he includethe singular, as the context y of �may trequied re, Words and terms not otherwise defined In this Mortgage shall have the meanings attributed to such Erma in the Uniform Commercial Coda: HOMES, INC. and includes all co-signers end co -makers signing the Note and all Borrower. The word "Borrower' means COREY BARTON their successors and assigns. Default. The word "Default" means the Default set forth in this Mortgage in the section titled "Default". , regulations and ordinances ll state, eral and local statutes Environmental nvi ion menthe Protection TOO of wait hul an health or the environment includinglly and awithout Imitation the Comprehensive Environmental Response, Compensation, Act of Liability L1980, as amended, 41, the Hazardous Materials Transportation Act, 49 U s.c. Section 1801ij,�.c. Section 9601, at seg. (-CEl the Superfund , atssega the Resource Consarvetiort and Recovery Act, 42 U.S.C. Section 6901, at seq., or other applicable state or federal laws, rules, or regulations adopted pursuant thereto. Event of Default. The. words "Event of Default" mean any of the events of default set forth in this Mortgage in the events of default section of this Mortgage. Grantor. The word "Grantor" means COREY BARTON HOMES, INC.. Guarantor. The word "Guarantor" means any guarantor, surety, or accommodation party of any or all of the Indebtedness. Guaranty. The word "Guaranty" means the guaranty from Guarantor to Lender, including without limitation a guaranty of all or part of the Note. " mean materiels that, because of their quantity, or the environment when concentration or physics, Hazardous Substances. The words "Hazardous Substances chemical or infectious characteristics, may cause or pose a present or potential hazard to human health Substances" are used in their very broadest sense end include without limitation any and all hazardous or toxic substances, materials or Improperly used, treated, stared, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances' also Includes, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos, mobile homes affixed on the Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, Real Property, facilities, additions, replacements and other construction on the Real Property. erest, and an RelateddDocument togethe"inr with all renewals of, pextensionstoto modifications of0ucotnsol dationss, costs defxand axpenses es incurrable orts ed the Note or Related Documents and any amounts expended or adto ethebw th interest s on sucschargeh amounts oaslgprrov dedions r inxthissMortgage. b pacifically, enforce Grantor's obligations under this Mortgage, 9 without limitation, Indebtedness includes all amounts that may be indtuctly secured by the Cross -Collateralization provision of this Mortgage. Lender. The word "Lender" means WESTERN CAPITAL BANK, its successors and assigns. Mortgage. The word "Mortgage" means this Mortgage between Greater and Lander. 2012 in the original principal amount of Note. The word "Note" means the promissory note dated October 31, $2,175,929.16 from Grantor to Lender, together with of, modifications of, refinancings of, consolidations ith all renewals of, extensi THE NS A ABLE of, and substitutions for the promissory note or agreement.mean aOOgwpmeotfr fixtures, and other TartCOe Toff personal piropertyNnowEorThe RATE Personal Property. The words "Personal Property" to ether with ell accessions, parts, and additions to, all owned by Grantor, and now or hereafter attached or affixed to the Real Property; g d together wit prorepceeds and cements of, of premiums) from any sale oro her property; l an of he Propertyell proceeds (including without limitation all insurance Property. The word "Property" means collectively the Reel Property and the Per nal Property. further described In hs Mortgage. Real Property. The words "Real Property" moan the real property, Interests and Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements,agreements andocuments, whether now of hereafter a) earanty or xating, executed in onnectlon collateral thenlntl6 ednessndexaept that the other uwords do not mean any documents, environmental agreement, whether now or hereafter existing, executed in connection with the Indebtedness. rents, revenues, income, issues, royalties, profits, and other benefits derived from Renta. The word "Rents" means all present and future the Property. GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND GRANTOR AGREES TO ITS TERMS. GRANTOR: HOMES, HOMES, INC. MORTGAGE Loan No: 800102803 (Continued) CORPORATE ACKNOWLEDGMENT STATE OF Idaho Ada' SS COUNTY OF AJ'la' 1 Page 8 On this 3( day of V(A42e,i , in the year 20J,�- , before me TV I� k0lfeS , a notary public in and for the State of Idaho, personally appeared CONEY D BARTON, President of COREY BARTON HOMES, INC., known or identified to me (or proved to me an the oath of I, to be an authorized signor of COREY BARTON HOMES, INC.. the corporation that executed the instrument or the person who executed the instrument on behalf of said .corp ation, and acknowledged to me that such corporation executed the some. —7-� Residing at Na { lf)A yfJ tl•.fnn• Rih m fnr idnhn _ea ° i e r My commission expires PRO Lending, Ver. 12.3.0.004 Copr. Harlanfg Firl@nciq[ Soltgjupp' rLt. 1997, 2012. All SCHERULE C Legal Description: parcel I (Southridge Estate Lots): A tract of land situated in the South One Half of the North One Half of Section 23, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, deecdbed as follows: ne Quarter Comer of said Section 23, from which a 518 inch steal pin Beginning at a 518 inch steel pin lnonumentIng the Center O monumenting the East One Quarter of said Section 23 been; South 89°0756" East a distance of 2658.97 feet; thence following the Westerly line of the Northeast One Quarter of said Section 23 North 00°3747" East a distance of 331.56 feet to a point; thence leaving the Westerly line of said Northeast one Quarter, 21.93 foot sold curve of 398.20 following the of South 82 38r49 fWat and na chord distance of 2193 feet to a point; thencege [Oft,172.88 fat tollowingtha arcofa reverse curve to the righe of OVOWIT", a chord t, said curve feat t having point; radius ofhence 27.86 feet t, a central tr the arc of a non -tangent curve to the right, aring of said9cury having a radius of 20.00 fat, o-1 i -ss- West and a chord dIsUnce f central angle of 79°13'53", a chord baring of South 39°51'03" East and a chord distance of following feet to a pont; thence sterly sSouth 00-14!06" aid curve having aarad radius of 30.00 feestance of t, a central angle of 91°10'32" afeet to a point; thence wchord bearing �south 45021'10" west and ai chord distance ofhf, 42.86 foot to a point; thence North 89°0334" West a distance of 204.56 feet to a point; thence North 08°17"51" East a distance of 106.82 feet to a point; thence North 27°03'51" Erik a distance of 100.1(1 feet to a point; thence 234.43 feet following the arc of a non -tangent curve to the right, sal curve having a radius of 300.00 tat a central angle of 44°46'24", a chord bearing of North 37,06'08" West and a chord distance of 228.51 feet to a point; thence 279.37 feet following the arc of a reverse curve to the left, said curve having a radius of 825.00 feet, a central angle distanceof 218.04 feet to a aof 19*24'07" a chord bearing of compound curve o the left, saidocurve having a radius of 20 OOchor4024'59" West and adfast, central angle of 94°49'STnta Nord bearing ; thence 33.10 eoF North Bt°3153et followring the ' of West and a chord distance of 29.45 feet to a point; thence North 36°01'32" West a distance of 50.07 feet to a point; thence 31.97 feet following the arc of a non -tangent curve to the left, sold curve having a radius of 20.00 feet, a central angle of 91°304", a chord baring of North 05'1543" East and a chord distance of 28.67 feet to a point; thence North 49°2742" East a distance of 50.00 feet to a point; thence Southeasterly 41.31 feel following the arc c a curve to the left, said curve having a radius of 875.00 feet, a central angle of 2°42'17", a chord bearing of South 39°10'38" East and a chord distance of 41.30 fat to a point; thence North 52°09'30" East a distance of 119.99 feet to a point; thence North 56°38'44" East a distance of 124.08 feet to a point; thence North 20°11'27" East a distance of 103.24 feet to a point; thence ce of 112.84 feet to a point; thence Easterly 77.62 feet following the arc of a circular curve to the lett, s South 72°1728" East a distance aid feet, a central angle of 55°35'25", a chord bearing of North 79°5430" East and a chord distance of 74.61 feet curve having a radius of istan to a point; thence South 15°OT20" East a distance of 122.50 feet to a point; thence North 86°31'43" East a distance of 260.50 fat to a point on the Easterly easement line of the Rldenbaugh Canal; thence following the Easterly easement fine of said Ridenbaugh Canal a distance of 169,58 Once leaving said easement Nrth 03'28`17" West a distance of 0o point on the Easterly easement if e7offsold Ridenbaugh Canal; thence following the lEasterly eet to a point; th easemlent line okf said Ridenbaugh Canal( the following five courses and distances: 1.316.45 feet following the arc of a non•tangent curve to the right, said curye having a radius of 200.00 feet, a central angle of 90°39'20", a chord bearing of South 83°1727" East and a chord distance of 284.46 feet to a point; 2. South 37°5747" East a distance of 369.30 feet to a point; 3. Southerly 480.10 feet following the arc of a circular curve to the right, said curve having a radius of 370.00 fat, a central angle o 74°20'42", a chord baring of South 0004726" East and a chord distance of 447.12 feet to a point; 4. South 36°2755" West a distance of 34.62 feet to a point; 5. Thence Southerly 4456 feet following the arc of a circular curve to the left, said curve having a radius of 80.00 feet, a central angle of 31"54'43", a chord bearing of South 20°30'33" West and a chord distance of 43.98 feet to a point; thence leaving said Easterly easement line North 89"02'52" West a distance of 70.07 feet to a point on tha centerline of said Rldenbaugh Canal; thence following the centedlne of sold Ridenbaugh Canal the following four courses and distances: 1. 52.81 feet following the arc of a non -tangent curve to the left, said curve having a radius of 150.00 feet, a central angle of 20°10'12", a chord bearing of South 071747" East and a chord distance of 52.53 feet to a point; 2. South 17017'53" East a distance of 110.54 feet to a point; 3. Southerly 129.34 feet following the arc of a circular curve to the right, said curve having a radius of 160,00 feet, a central angle of 49°24'12", a chord bearing of South 07°24'13" West and a chord distance of 125.37 feet to a point; 4. South 32006'19" West a distance of 21.67 feet to a point on the Southerly line of the North One Half of said Section 23; thence leaving sald centedlne and following the Southerly line of the North One Half of said Section 23 North 89002'56" West a distance of 712.43 feel to the Point of Beginning. EXCEPTING THEREFROM: A tract of land situated in the Southwest One Quarterof the Northeast One Quarter of Section 23, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, described as follows: Commencing at a found brass cap monumenting the North One Quarter of said Section 23, from which a found 6/8 Inch steel pin monumenOng the Center One Quarter Comer of said Section 23 bears South 00°3747" West a distance of 2637.73 feet; thence following the Westerly line of the Northeast One Quarter of said Section 23 South 0003x47" West a distance of 1937.38 feet to a point; thence leaving said Westerly line South 89"2213" East a distance of 515.14 feet to a found 112 Inch steel pin being the Point of Beginning; thence North 63°3624" Fast a distance of 159.86 feet to a found 112 Inch steel pin on the Southwesterly right-of-way line of the Ridenbaugh Canal; thence following said Southwesterly right-of-way line South 37°52'47" East a distance of 53.06 feet to a point; thence following said Southwesterly right-of-way line, Southeasterly 123.81 feet following the arc of a circularcurve to the right, said curve having a radius of 240.00 feet, a central angle of 29°33'24", a chord hearing of South 23°06'05" East and a chord distance of 122.44 feet to a found 112 Inch steel pin; thence leaving sold Southwesterly right-of-way line South 67°11'20" West a distance of 158.98 feet to a found 112 Inch steel pin; thence North 2704739" West a distance of 147.67 feet to a point; thence Northwesterly 16.72 feet following the are of a circular curve to the left, said curve having a radius of 197.50 feet, a central angle of 04951'03", a chord bearing of North 30°13'10" West and a chord distance of 16.72 feet to the Point of Beginning. Parcel 11(Southridge Parcel 1B): A tract of land situated In the Northeast One Quarter of Section 23, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: Commencing at a 518 inch steel pin monumenting the Center One Quarter Comer of sold Section 23, from which a 518 Inch steel pin monumenting the East One Quarter of said Section 23 bears South 89"02'56" East a distance of 2658.97 feet; thence following the Southerly line of the Northeast One Quarter Comer of said Section 23 South 89°02'56" East a distance of 712.43 feet to a point on the centerline of the Ridenbaugh Canal; thence leaving said Southerly line and following the centerline of said Rldenbaugh Canal the following four courses and distances: 1. North 32°06'19" East a distance of 21.67 feet to a point; 2. Northerly 129.34 feet following the arc of a circular curve to the left, said curve having a radius of 150.00 feet, a central angle of 49°2412", a chord bearing of North 07°24'13" East and a chord distance of 125.37 feet to a point; 3. North 17"1753" West a distance of 110.54 feet to a point; 4. Northerly 52.81 feet following the arc of a circular curve to the right, said curve having a radius of 150.00 feet, a central angle of 2001042", a chord bearing of North 07°12'47" West and a chord distance of 52.53 feel to a point; thence leaving the centerline of said Ridenbaugh Canal South 89°02'52" Fast a distance of 70.07 feet to a point on the Easterly easement line of said Rldenbaugh Canal being the Point of Beginning; thence following the Easterly easement line of said Rldenbaugh Canal the following four courses and distances: 1. 44.56 feet following the arc of a non -tangent curve to the right, said curve having a radius of 80.00 feet, a central angle of 31°54'43", a chord bearing of North 20"30'33" East, and a chord distance of 43.98 feet to a point; 2. North 36°2T55" East a distance of 34.82 feet to a point; 3. Northerly 480.10 feat following the arc of a circular curve to the left, sold curve having a radius of 370.00 feet, a central angle of 74020'42", a chord bearing of North 00°4226" West and a chord distance of 447.12 feet to a point; 4. North 37°52'47" West a distance of 332,30 feet to a point; thence leaving said Easterly easement line North 52003'57" East a distance of 114.78 feet to a point; thence North 52°OT13" East a distance of 50.00 feet to a point; thence North 35°23'08" East a distance of 2628 feet to a point; thence North 5290TI3" East a distance of 118.95 feet to a point; thence Northeasterly 113.77 foot following the arc of a circular curve to the left, sold curve having a radius of 195.00 feet, a central angle of 33025'46", a chord bearing of North 3502410" East and a chord distance of 112.17 feet to a point; thence North 18°41'27" East a distance of 180.38 feel to a point; thence 60.56 feet following the arc of it non -tangent curve to the telt, said curve having a radius of 293.15 feet, a central angle of 11°50'08", a chord bearing of North 5600738" West and a chord distance of 60.45 feet to a point; thence North 28°49'56" East a distance of 49.47 feet to a point; thence 57.71 feet following the are of a non -tangent curve to the right, said curve having a radius of 325.00 feet a central angle of 10°10'24", a chord bearing of South 57°1704" East and a chord distance of 57.63 feel to a point; thence 94AO feet following the arc of a reverse curve to the left, said curve having a radius of 291.75 feet, a central angle of 18632'22", a chord bearing of South 61°28'03" East and a chord distance of 93.99 feet to a point; thence South 71°18'33" East a distance of 261.09 feet to a point; thence South 18°41'27" West a distance of 50.00 feet to a point; thence 31A2 feet following the arc of a non -tangent curve to the right, said curve having a radius of 20.00 feet, a central angle of 90000'00", a chord bearing of South 26°18'33" East and a chord distance of 28.28 feet to a point; thence South 71°18'33" East a distance of 50.00 feet to a point; thence South 18°41'27" West a distance of 144.96 feet to a point; thence Southwesterly 364.66 feet following the arc of a circular curve to the right, said curve having a radius of 625.00 feet, a central angle of 33°25'46", a chord bearing of South 35°24'20" West and a chord distance of 359.51 feet to a point; thence South 52007'13" West a distance of 13523 feet to a point; thence Southerly 27.41 feet following the are of a circular curve to the left, said curve having a radius of 20.00 feet a central angle of 78030'54", a chord bearing of South 12°51'45" Wool and a chord distance of 25.31 feet to a point; thence 485.19 feet following the arc of a reverse curve to the right, sold curve having a radius of 535.00 feet a central angle of 5195741", a chord bearing of South 00°24'51" East and a chord distance of 468.73 feet to a point; thence 65A4 feet following the arc of a reverse curve to the left, said curve having a radius of 276.01 feet, a central angle of 13°3T59", a chord bearing of South 18049'57" West and a chord distance of 6528 feet to a point; thence North 89°0752" West a distance of 199.65 feet to the Point of Beginning. Parcel III (Southridge Parcel 7B): A tract of land situated in the North One Half of Section 23, Township 3 North, Range 1 West Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: Beginning at a found 518 Inch steel pin monumendng the Center One Quarter of said Section 23, from which a found brass cap monumenting the West One Quarter of said Section 23 bears North 8900417" West a distance of 2666.56 feet; thence following the Southerly line of the Northwest One Quarter of Section 23 North 89004'17" West a distance of 1832.01 foot to a found 112 inch steel pin; thence leaving said Southerly line North 22°09'32" West a distance of 520.19 feet to a 518 inch steel pin; thence North 25°08'21" East a distance of 30.00 feet to a 518 Inch steel pin; thence 111.19 feet along the arc of a non -tangent curve to the tight, said curve having a radius of 50,00 feet, a central angle of 127°24'36", a chord bearing of South 82026'42" East and a chord distance of 89.65 feet to a 518 Inch steel pin; thence 30.77 feet along the aro of a reverse curve to the lett said curve having a radius of 25.00 feet, a central angle of 70°31'44", a chord bearing of South 5400016" East and a chord distance of 28.87 feet to a 518 inch steel pin; thence South 89°16'08" East a distance of 58.64 feet to a 518 Inch steel pin; thence 25.41 feet along the arc of a circular curve to the left, said curve having a radius of 20.43 feet, a central angle of 71°1553", a chord bearing of North 54°13'05" East and a chord distance of 23.80 feet to a sill inch steel pin; thence 184.71 feet along the are of a reverse curve to the right, said curve having a radius of 233.34 feet a central angle of 45°21'22", a chord bearing of North 41°1550" East and a chord distance of 179.93 feet to a US Inch steel pin; thence North 4703915" West a distance of 157.73 feet to a 518 Inch steel pin on the Southerly right-of-way line of said West Overland Road; thence following sold Southerly right-of-way line the following six courses: 1.420.42 feet along the are of a non -tangent curve to the lett said curve having a radius of 1050.50 feet a central angle of 22°5549", a chord bearing of North 58°57'49" East and a chord distance of 417.62 feet to a 518 Inch steel pin; 2.288.12 feet along the arc of a non -tangent curve to the left, said curve having a radius of 1047.00 feet a central angle of 15°46 02", a chord bearing of North 38°2604" East and a chord distance of 287.21 feet to a 518 Inch steel pin; 3. 393.88 fe11 et along the arc of a non.tangent curve to the left, said curve having a radius of 1044.60 feel, a central angle of 21936'21, a chord bearing of North 20°56'21" East and a chord distance of 391.55 feet to a 518 Inch $lest pin; distance 8 Inch steel 5. So th 75 06 37" East a dista ce of 6. t 1 n� 36 teat toa 518Inch steel pin; of the onbaugh nch steel pin on the cOnt0rilno Sotherty nght.of-way6, North 14053'23" tline land nl following the enteriineof said Ridenbaugh Canal following threde courses: Cenel; thence leaving said 1. North 69037'00" East a distance of 34.90 feet to a point; 2.320.04 feet along the are of a circular curve to the right, said curve having a radius of 375.00 feet, a central angle of 48°53'57", a chord bearing of South 85°56'02" East and a chord distance of 310.42 foot to a point; 3. South 61°29'03" East a distance of 150.10 feet to a point; thence leaving the centedlne of sold of the Rida Canal following thNorth e NEast a disanc easement 90,37 feet to of said a 618 inch steelugh C nai following eight courses�nt line of the Rldenbaugh Canal; thence J. South 61-29'03" East a distance of 118.75 feat to a 518 inch steel pin; 2. 114,241 feet along the arc of a circular curve to the left, said curve having a radius of 320,00 feet, a control angle of 2°32'56", a chord bearing of South 62045'31" East and a chord distance of 14.23 feet to a 518 inch steel pin; 3. South 64°01'59" East a distance of 330.62 feet to a 518 Inch steel pin; 4. 46.42 feet along the arc of the circular curve to the left, said curve having a rediae of 320.00 foal a central angle of OB°18'42", a chord bear n I of South 68°11'20" East, and a chord distance of 46.38 feet to a 516 inch steel pin; S. South 72°20'41" East a distance of 150.79 feet to a 618 Inch steel pita; 6.276.48 feet along the arc of a circular curve to the right, said curve having a radius of 230.00 feet a central angio of 68°6725", a chord bearing of South 37164'30" Eat and a chord distance of 260.13 feet to a 518 Inch steel pin; 7. South 86°31'43" West a distance of 10.00 feet to a 518 inch steel pin; 8. South 03°28'17" East a distance of 411.33 feet to a 518 Inch steel pin; thence leaving said Northerly easement line South 86°31'43" West a distance of 260.50 feet to a 518 Inch steel pin; thence non4angent curve to the steel sNorth 116-or2o" west a distance of 1122.50 feat to a 618 Inchaid curve having a radius of 80.00 feet, a central angle of 5°35'25°, a chord bearing of South 79; thence T7.62 feet along the °54'50aWes end a chord distance of 74.61 feet to a 518 Inch steel pin; thence North 72°17'26" West a distance of 172.84 feet to a 518 inch steel pin; thence south 20°11'27" Wet a distance of 103.24 feet to a 518 inch steel pin; thence South 56°38'44" West a distance of 124.08 feet to a 5181nch steel pin; thence South 52°09'"' West a distance of 119.98 feet to a 518 inch steel pin; thence 41.31 feet along the arc of a circular curve to the lett, sold rth 39°10'31!" West, and a chord distance of 41.30 curve having a radius of 875.00 feet, a central angle of D2°42'17", a chord bearing of No feet to a 518 inch steel pin; thence steel pin; thence 31.97 sSouth 49o2m" Wast a aid curve having a radius curve to the right, sof 20.00 feet, a central angle of 91°304" a chord bearintance of 50.00 ot to a 518 inch gtof South OS°15'42" Waalong the arc of a send alchord distance of 28.67 feet to a 518 inch steel pin; thence toell pin; thence 33.10 feet along the are of a sSouth 36601'32" East a aid curve having a radiusstance of 50.07 feet to a 0 of 20.00 feat, a central angle of 94°49'57" a chord bearing:uh s ve South 81031'52" non -tangent East and a chord distanceof of 29.45 feet to a 518 inch steel pin; thence 279.37 feet following the arc of a compound curve to the right, said curve having a radius steel 825.00 feet, a central angle of 19°24'07", a chord bearing of South 2462459" Eat and a chord distance of 278.04 feet to a 518 Inch steel pin; thence 234.43 feet along the are of a reverse curve to the left, said curve having a radius of 300.00 feet, a central angle of 44°46'24", a chord bearing of South 37006'07" Eat and a chord distance of 228.61 feet to a 518 Inch steel pin; thence South 21°03'51" West a distance of 100.18 feet to a 518 Inch steel pin; thence South 08°17'51" West a distance of 108.82 feet to a 516 inch steel pin; thence South 89003'34" East a distance of 204.56 feet to a 518 inch steel pin; thence 47.74 feet along the are of a circular curve to the left, said curve having a radius of 30.00 feet, a central angle of 91010'32", a chord bearing of North 4511'10" Eat and a chord distance of 42.86 feet to a 518 Inch steel pin; thence North 00074'06" West a distance of 93.31 feet to a 518 inch steel pin; thence 27.66 feet along the arc of a circular curve to the left, said curve having a radius of 20.00 feet, a central angle of 79°13'53", a chord bearing of North 39°51'03" West and a chord distance of 25.51 feet to a 518 inch steel pin; (hence 172.88 feet along the arc of ;non -tangent curve to the left, said curve having a radius of 508.91 feet, a st and a chord dis feet alongthe arc of a reverse er curve to the right said curve having a radius of 398.2 feet a central angle of 03°0917lance of 1172.05 feet to a 518 Inch te chordQuarte bearing 1of3 North 82°38'49" East and a chord distance of 21.93 feet to a 518 Inch steel pin on the Easterly line of the Northwest One Quarter of said Section 23; thence following the Easterly line of said Northwest One Quarter South 00°3r47" Wool a distance of 331.56 feet to the point of Beginning. Parcel Iv (Parcel 3 of Record of Survey No. 8550): A tract A land situated In the Northeast one Quarter and the Northwest one Quarter of the Southeast One Quarter of f survey 23, recorded April North,Township 3 009gas11West, Boise Merid045733, more particularly described as follows:City of Meridian, Ada County, Idaho, find Ing Parcel 3 of Record of Survey No. 8550 r of sold CCommencing at a om which a found and518 11hInch ateel pinlmonumanl ng the East Onpin monumentIng the e Quartast erotesetd Section Section3 beers South 00° 1'26 "Wes andistance of d 2650.67 feet; thence following the Easterly line of said Section 23 and the centerline of Bald South Linder Road South 00°41'26" West a distance of 1602.93 feetto a point; thence leaving said Easterly the and said cenlerfire North 89°18'32" West a distance of 48.00 fast to a point on the Westerly right-of-way line of said South Linder Road being the Point of Beginning- thence following said Westerly dght-ofway line South 00°41'26" West a distance of 997.52 feetto a found 5111inch steel pin an the Northerly right Cove One of Aspen Cove Drive; thence leaving said Westerly right-Of-way line and following the Northerly an h Canall;; thy right of-way line of said Asodea North 89°02'56" West a distance of 255.36 feet to a point on the centedine of the Ridenbaughence leaving sold Northerly right of- way line and following the centerline of said Ridenbaugh Canal the following eleven courses: 1.287.73 feel following the arc of a non4angent curve to the left, said curve having a radius of 600.00 feet, a central angle of 27°28'35", a chord bearing of North 46'15'10" West, and a chord distance of 284.98 feet to a point; 2. North 59°59'27" West a distance of 73.72 feel to a point; 3.90.21 feet following the arc of a circular curve to the left, acid curve having a radius of 120.00 feet, a ventral angle of 43°04'24", a chord bearing of North 81931'39" West, and a chord distance of 88.10 feet to a point; 4. South 76°56'09° West a distance of 93.79 foot to a poln4 5.83.9feet following the arc of a circular curve to the right, said curve having a radius of 100.00 feet, a central angle of 48°06'06", a chord 5 bearing of North 79000'48" West, and a chord distance of 81.51 feet to a point; 6 North 54°57'45" West a distance of 108.31 feet to a point; 7. 90.111 feet following the arc of a clrcularcurve to the left, said curve having a radius of 120.00 feet, a central angle of 43°03'30", a chord bearing of North 76°29'30" Wast, and a chord distance of 88.07 feet to a point; 8. South 81°58'45" West a distance of 380.01 feet to a point; 9.160.45 feet following the arc of a circular curve to the left, said curve having a radius of 150.00 feet, a central angle of 61°Dr12", a chord bearing of South 51°20'09" West, and a chord distance of 152.91 feet to a point; rd 10. South 20041'33" West a distance of 216.91 feet to a paint; bearingfe t follo Zing the "arc ofWesa it ular cura chord a to the riof 1146 feetsaidwto a point on the Northedy line efoftAspennCove Subdivision, locks t and of Ada County, Idaho); thence following said Northeriy line and 2 (Book 31, Page 1695, Records North 69°02'56" West a distance of 32.61 feet to a point; thence follovdng said Northerly line South 33008'24" West a distance of 127.52 feet to a point; thence following said Northerly line South 55°24'04" West a distance of 417.50 feet to a point on the Easterly line of Aspen Cove Subdivision, Blocks 3, 4 and 5 (Book 35, Page 3040, Records of Ada County, Idaho); thence leaving said Northerly line and following sold Easterly line North 7D°12'07" West a distance of 47.38 feet to a point; thence following said Easterly line N25'10'44" East a orth r ng said Easterly line and following sold e Southerly line the Southerly line of the Northeast One Quarter of said Section 23; thence de waNorth ne and following distance ente of 34.06 feet said to a point t ough Canal the following ofthe four coubrsesh Genal; thence leaving said Northerly right-0f• he 1. North 32°06'19" East a distance of 21.67 feet to a point 2.129.34 feet following the arc of a circular curve to the left, said curve having a radius of 150.00 feet, a central angle of 49°24'12", a chord bearing of North 07°24'13" East, and a chord distance of 125.37 feet to a point; 3. North 17°17'53" West a distance of 110.54 feet to a Point; 4.52.81 feet following the are of a circular curvet* the right, said curve having a radius of 15000 feet, a central angle of 20°10'12", a chord bearing of North 07°12'47" West, and a chord distance of 52.53 feet to a point; othence leaving said centedine South 89°02'52" East a distance f 269.72 feet to a point; thence 65.44 feet following the arc of anon-tangent curve to the right, said curve ' a chord bearing of point;ngthence radius of feet following the an: oil a reverse curve to the o% said curve North ga radius tof 535.00 feett as central angle ofistance of 65.28 cetto a 8.73 retver;e curve to the right, Of said curve having having a radius of 20.00 feeth 00-24'5V West, and a chord `acentral nce Of angle of"78°°30'54" ialchord bearing of No; thence 27.41 feet rth 12°5145 "East " and a chord distance of 25.31 feet to a point; thence North 52°07'13" East a distance of 135.23 feet to a point; thence 364.66 feet following the arc of a circular curve to isa left, said curve having a radius of 625.00 feet, a central angle of 33°2546", a chord bearing of North 35°24'20" East, and a chord distance of 359.51 teat to a point; thence North WOW" Ea p P . F 4 R` S!t p clfcl�lal40 ffA@. ht, seldcurve South 711813" East a distance of til: a SS2 EpYf a1t{ke (jidi Ro} 148.58 feetto having a radius of 28000 feet, a ce0 aW. i hgtr r4glasdf�� tr �htre� ertgle of a paint; thence 63495 feet followl�l� 'if,A 4A �ytftl A point;lhUnoa 47°48'02", a chord bearing of Soufk ge '" 9 g eClrcUlat cU. lhel@it; , d curve having South 86"12'34" East a distance of a radius of 320.00 feet, a central an( ..d -. s' .. rlhg n 1 �iaet� ehtta badrd`Q stAA4tr-61131 oatto a polnl; thence South 89°34'28" East a distance of ap. fLttto a poir" "Itce North 00-25'32" East a distance of y40$eet to a p0'I N thence south 89°34'27" East a distance of 33349 feet to a point; tlldnce South 89°18'32"East a distance of 101:411 feet to the POint of ®eginning. C_2�1 ADA COUNTY RECORDER Christopher D. Rich AMOUNT 49.00 14 BOISE IDAHO 10/31/2012 11:38 AM RECORDATION REQUESTED BY: DEPUTY Victoria Bailey WESTERN Main Office CAPITAL BANK RECORDED -REQUEST Recording ShnpUffle EQUEST OF I IIIIII (IIII VIII IIIiII IIIIII IIII III IIIIII VIII III VIII IIII IIiI 1750 W FRONT ST STE 150 TITLEONE BOISE 112113659 BOISE, ID 83702-5191 WHEN RECORDED MAIL TO: WESTERN CAPrrAL BANK Main Office 1750 W FRONT ST STE 150 BOISE, ID 83702-5191 J f�2 14 2 LM SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY MORTGAGE THIS MORTGAGE dated October 31, 2012, is made and executed between COREY BARTON HOMES, INC_, an Idaho Corporation, whose address is 1977 E OVERLAND RD, MERIDIAN, ID 83642 (referred to below as "Grantor") and WESTERN CAPITAL BANK, whose address is 1750 W FRONT ST STE 150, BOISE, ID 83702-5191 (referred to below as "Lender"). GRANT OF MORTGAGE. For valuable consideration. Grantor mortgages, grants, bargains, sells and conveys to Lender all of Grantor's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights, watercourses and ditch rights (including stock in utilities with ditch or Irrigation rights); and all other rights, royalties, and profits relating to the real property, Including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in ADA County,. State of Idaho: See Schedule C, which is attached to this Mortgage and made a part Of this Mortgage as if fully set forth herein. The Real Property or its address is commonly known as N/A WEST OVERLAND and N/A SOUTH LINDER ROAD, MERIDIAN, ID 83642. CROSS -COLLATERALIZATION. In addition to the Note, this Mortgage secures all obligations, debts and liabilities, plus interest thereon, of Grantor to Lender, or any one or more of them, as well as all claims by Lender against Grantor or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether duo or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Grantor may be liable Individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable. Grantor presently assigns to Lender all of Grantor's right, title, and interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security Interest in the Personal Property and Rents. THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided In this Mortgage, Grantor shelf pay to Lender all amounts secured by this Mortgage as they become due and shall strictly perform all of Grantor's obligations under this Mortgage. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain in possession and control of the Property; (2) use, operate or manage the Property; and (31 collect the Rents from the Property. The following provisions relate to the use of the Property or to other limitations on the Property. Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Compliance With Environmental Laws. Grantor represents and warrants to Lender that: (1) During the period of Grantor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (2) Grantor has no knowledge of, or reason to believe that there. has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Grantor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the .Property; and (b) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Grantor authorizes Lender and its agents to enter upon the Property to make such inspections and tests, at Grantor's expense, as Lender may deem appropriate to determine compliance of the Property with this section of the Mortgage. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Grantor or to any other person. The representations and warranties contained herein are based on Grantor's due diligence in Investigating the Property for Hazardous Substances. Grantor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the MORTGAGE Page 2 Loan Not 800102815 (Continued) event Grantor becomes liable for cfesnup or other costs under any such laws; and (2) agrees to indemnify, defend, and hold harmless Lender against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Mortgage or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Grantor's ownership or interest in the Property, whether or not the same was or should have been known to Grantor. The provisions of this section of the Mortgage, including the obligation to Indemnify and defend, shall survive the payment of the Indebtedness and the satisfaction and recoeyance of re or otherwisehe lien of this Mortgage and shall not be affected by Lendit s acquisition of any interest in the Property, Y foreclosuto Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, n suffer any stripping of or wastetor will not remove, or Brent [o annyy or other the Property or any portion of the Property. Without limiting the generality of the foregoing, Gran party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products without Lander's prior written consent. without Lender's prior written Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property consent. As a condition to the removal of any Improvements, Lender may require Grantor [c make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value. Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times attend to Lender's interests and to inspect the Real property for purposes of Grantor's compliance with the terms and conditions of this Mortgage. Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter in effect, of all govammental authorities applicable to the use or occupancy of the Property, including without limitation, the Americans Grantor may contest In good faith any such law, ordinance, or regulation and withhold c With Disabilities Act. ompliance during any proceeding,including appropriate appeals, se long as Grantor has notified Lender in writing prior to doing so and so long as, in lender's sole opinion, Lender's interests In the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest. Grantor shall do all other acts, in addition to those Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. acts set forth above In this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property. DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums secured 6y the Mortgage upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real Property, or any interest in the Real Property. A "sale or transfer" means the conveyance. of Real Property or any right, title or interest sal in the React Property; whether legal, beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, lend contract, contract for deed, leasehold Interest with a term greater than three (3). years, lease -option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust holding title to the Real Property, or by any other method of conveyance of an Interest in the Real Property. If any Grantor is a corporation, partnership or limited liability company, transfer also includes any change in ownership of more than twenty-five percent 125%) of the voting stock, partnership interests or limited liability company Interests, as the case may be, of ouch Grantor. However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Idaho law. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Mortgage: Payment. Grantor shall pay when due (and in all events prior to delinquency) all taxes, payroll taxes, special taxes, assessments, water charges and sewer service charges levied against or on account of the Prerty, and Grantor shall msiMe n the Propeall pay when rty free of anydue claims having prifor or ority over or ork done on qua)fto services rendered or material furnished to the Property. the interest of Lender under this, hiMortgage, except for those liens specifically agreed to in writing by Lender, and except for the lien of taxes s and assessments not due as further specified In the Right to Contest paragraph. Right to contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation to pay, so long as Lender's interest in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment, Grantor shall within fifteen (15) days after the lien arises or, if a lien Is filed, within fifteen 1151 days after Grantor has notice of the filing, secure the discharge of the lien, or if requested by Lender, deposit with Lander cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and reasonable attorneys' fees, or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest, Grantor shall defend itself and Lander and shell satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety bond furnished in the contest proceedings. Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property. Notice of Construction. Grantor shall notify Lender at least fifteen (151 days before any orootherk is r linmeoulddhe asserted on account hof the any materials are supplied to the Property, if any mechanic's lien, meterielmen's lien, work, services, or materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to lander that Grantor n can and will pay the cost of such improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to Insuring the Property are a part of this Mortgage: Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Grantor shall also procure and maintain comprehensive general liability insurance in such coverage amounts as Lender may request with Lender being named as additional insureds in such liability insurance policies. Additionally, Grantor shall maintain such other insurance, Including but not limited to hazard, business interruption and boiler insurance as Lender may require. Policies shall be written by such insurance companies and in such form as may be reasonably acceptable to Lender. Grantor shall deliver to Lender certificates of coverage from each insurer containing a stipulation that or diminished without a minimum of ten (10) days' prior written notice to Lender and not containing any coverage will not be cancelledPolicy coveregerinof the favorlos Lendsrliabil'ty for not be impaired ailure to givein any way by any act, omisaionIt notice. Loch cor defaultof Grantor noru nyo therdpers n. ShouldtheReal Property be located in an area, designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, or Grantor agrees to obtain and maintain Federal Flood Insurance, if available, for the full unpaid principal balance of the loan and any p I ...,.. rj ,- 800102815 MORTGAGE (Continued) Page 3 se liens on the property Securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, o, a. � ••-• required by Lender, and to maintain such insurance for the term of the loan. Lender may make proof of loss If Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage a the Property. Grantor fails to do so within fifteen (151 days of the casualty, Whetherf Lendartelects not to apply the p o aeric impairedorestoration a d repair, Grantor Grantor receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any of elect effecting the Property, or the restoration and repair of the Property. shall repair or replace ffie damagedreimburse or Grantors fromnthae peoceedsits rnarl for hn a e reasonablecostt of repair of of Lender sorationl if Grantor upon ��sa no inctory default such expenditure, pay proceeds which have not be disbursed within 180 days after their receipt and which Lander has not under this Mortgage. Any pay acMortgage, then to commicrued Interest, the repair and restoration f any, shallthe ybenapplied to he principal balat ate the �ndests may .ing to r If Lenderer sholds any proceeds after payment In full of the Indebtedness, such proceeds shall be paid to Grantor as Grantor's interests may appear. once a year, Grantor's Report on Insurance,' n of trance,' LfpOn showing:ue (1) fthenname of thernot insurer; more 2lhathe take nsured;Grantor131 the'amount n the Policy;aexpornish to Lender a iry the each existing policy elle Grantor shall, upon request of Lender, have an independent appraiser satisfactory to lender determine the cash value property Insured, the then current replacement value of such property. and the manner of determining that value; and (61 the expiration date of the policy- replacement cost of the Property. which reserves shall be created premiums, of Station TAX AND INSURANCE cot RFSERVES- Props. Subject to any limitations end consistent with any requirements set by applicable law, Lender may require Grantor [a maintain with Lender reserves for Payment of ennua taxes, assessments, and insurance p by an initial deposit and subsequent monthly payments, or payments et such other interval as payments under the Note may be due, estimated by Lender to he sufficient to pay the total annual axes, assessments, and insurance premiums Lender., anticipates to be f paid from these reserves. The reserve funds shall be held by lender as a general deposit from Grantor, which Lender may satisfy by payment of it. Nothing the taros, assessments, end insurance premiums required to be paid by Grantor as they become due. Lender shell have the right paying drew upon the reserve funds to pay such items, and Lender shall not be required to determine the validity or accuracy of any cab a before in he reserve funds In the Mortgage shell be construed as requiring lender to advance other monies for such purposes, and Lender shell not incur any liability for erve account are such shortage or deficiency as required by Lender. All ly such amounts ontheIndebtedness anything it. may do Cr omit to do GrIth respect antor shell to he ressrva account. Subject to any, limitations bLset by app disclose a shortage or deficiency, any interest or earnings on the reserve funds unless required by hereby pledged to further secure the Indebtedness, and Lender is hereby authorized to withdraw an app upon the occurrence of an Event of Default. Lender shall not he required to pay Y law or agreed to by Lender In writing. Lender does not hold the reserve funds in trust for Grantor, and Lender Is not Grantor's agent or payment of the taxes and assessments required to be paid by Grantor, LENDER'S EXPENDITURES. If any action or proceeding is commenced that would including u effect Lender's Interest in the Property discharge Grantor fails to comply with any provision of this Mortgage or any Related Documents, including but not limited to Grantor's failure to ying al' taxes'f may including but not limitedto all costslfor in ur ng, maintaining and when due any amounts Grantor n required to discharge or pay under this Mortgage or any Related DocumedischE nts, Lender on Grantor's baba may (but shell not be obligated tot take any action that Lender deems appropriate, security interests, encumbrances end other claims, at any time levied or placed on the Property and p Y ng preserving the Property. All such expenditures Incurred or paid by Lender for such purposes will then beer Interest at the rate charged under the or (2) the remaining term of the Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a pas of he d ebte tress with any installment payments to become due during either (1) the term of any applicable Insurance policy; and, at Lender's option, will (A) be payable on demand; (R) be added to the balance of the Note and be apportioned among and be payab e Igo also he ortgr hese amounts. treated 88 a Such right shell Ibeon n sddition toall otherich r'ghis end rem dies tae due and payable at twhichtLendematurity. may be entitled upon Default) secure payment of WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Mortgage or clear of all final title opinion Title. Grantor warrent that: (a) Grantor holds good and marketable title of record to the Property in foe simple, free e d and authority to and sued in favor of, and accepted, those by, Lendeet hiin connectionn the Beal will' thlsoperty sM Mortgage, acription or innd rd Grantoy title ehas Policy,the full tlight pp rt, execute and deliver this Mortgage to Lander. DSfense of Tide. Subject to gainst the exception in the paragraph above, Grantor warrants and will forever defend the ty 8 tie o the such intethe rest procco Lender the lawful claims of ell parsobut ns. In the event any action or proceeding is commenced that questions Granto of y Insuch own ch iceenand under this Mortgage, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal patty Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by Grantor will deliver, or cause to be delivered, to Lender such Instruments as Lender may request from time to time to permit such participation. applicable laws, Compliance With Laws. Grantor warrents that the Property and Grantor's use of the Property compiles with all existing ordinances, and regulations of governmental authorities. Survival of Representations and Warranties. All representations, warranties, and agreements made by Grantor in this Mortgage shat survive to execution xec dioses d delivery all read this Mortgage, shell be continuing in nature, and shall remain in full force end effect until such time as l. emnation proceedings are a part of this Mortgage: CONDEMNATION. The following provisions relating to contl Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify Leder in writing, and Grantor shell promptly take y couns such seeps . may he necessary to defend the action and obtain the award. Grantor may be the nominaof its l party In such proceeding, but ul in the LanWill deliveder r or ceuseentitled to articipateti Lander pro eediuch itnstrumenteandrdocumentaesents t on as maylng 6e bequeatedlby Lender nfrom t ma to timetto permit such participation. s. If all or any pan of the Property is condemned by eminent domain proceedings or by any proceeding or Application of Net Proceed purchase in lieu of condemnation, Lender may at Its election require that all proceeds any portion of the rte[ proceeds of the award be applied to the Indebtedness n e costs, experts sP and attorneys' fees of incurred by la der in connection with the condemnetionan the award after payment of ell MORTGAGE ern• Ann102816 (Continued) Page 4 IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governrnen.....—, fees and charges are a part of this Mortgage: Current Taxes, Foos and Charges. Upon request by lander, Grantor shall execute such documents in addition to this i cu d'm age and take der for to ether with all expenses incumad in recording, perfecting or continuing this Mortgage, 9 whatever other action is requested 6y Lender to perfect and continue Lender's lien on the Real Property. Grantor mall reimburse Lewithout nder or all taxes, as described below, g limitation all taxes, fees, documentary stamps, and other charges for recording or 091st this Mortgage- all s specific tax on Grantor which Grantor is authorized or required to deduct from Taxes. The following shall constitute taxes to which this section applies: Il] a specl}ic tax upon this type of Mortgage or upon a or any part of the Indebtedness secured by this Mortgage; J2) payments on the Indebtedness secured by this type of Mortgage; 13) a tax on this type of Mortgage chargeable against the Lender d the holder of the the end Indebtedness a specific tax on all or any partlon of the Indebtedness or on payments of principal end Interest made by Grantor. subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Mortgage, this event shall have the same off,,' as an Eve IU fPDefault the lex before it'becomes' delinquentse any or ,orr(2)ts a co'ntelstsethe tllax ases rprovidedan tabovDe fin ithe Taxesdand bLile s section and deposits with Lander cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT: with Lender STATEMENTS. The following provisions relating to this Mortgage as a security agreement are a part of this Mortgage: Security Agreement. This insttumant shall constitute a security Agreement to the extent any of the Property constitutes fixtures, an Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. In addition to recording this Mortgage in the real property records, Lender may, at any Security Interest. Upon request by Lender, Grantor shall take whatever action {s requested by Lender to perfect and continue Lender's security interest in the Rents and Personal Property. time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this Mortgage of a financing statement- Grainer shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon nal Pro Grantor shall not remove, sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble any o Lander Property not Ilceble law. shall n to the Properly in a manner end at a place reasonably convenient to Grantor and Lender and. make It available to Lander within three 131 days after receipt of written (secured demand from Lender to the eMenc permitted 6y app ecurity Interest and Lander Addresses. The mailing addresses of Grantor obtained leach tos)r1 ulred by theUnifo m Comwhich merc alCode) are tas taion 0 tadro'n oncomrho ing Pagel Of this granted by this Mortgage may Mortgage. EY -IN -FACT. The following provisions rotating to further assurances and attorney-in-fact are a part of this FURTHER ASSURANCES; ATTORN Mortgage: execute and deliver, or will cause to Further Assurances. At any ifine, and from time to time, upon nee, and Lender, Grantor will make, atoany and all such mortgages, be made, executed or delivered, to Lender or to Lender's. designee, end when requested by Lender, cause to 6e filed, recorded, refiled, or continuation statements, instruments of further assurance, t, rerecorded, as the case may be, at such times and (n such offices and places as Lender may deem appropriate, deeds of trust, security deeds, security agreements, Iinion of ender, be n end the Related Documents, and 12) the (lens and certificates, and other documents as may, in the sole opinion of Lender, he necessary d desirable In order to effectuate; comp continue, or preserve 111 Grantor's obligations under the Nota, this Mortgage, security Interests created by this Mortgage as first and prior liens on the Property, whether now owned 11 hereafter expense by i Grantor. Unless prohibited by law or Lander agrees to the contrary in writing, Grantor shall reimburse Lender for all costs and expanses incurred in connection with the matters referred to In this paragraph. Lender may do so for and in the name of Grantor hereby irrevocably appoints Lender as Grantor's attorney-in-fact for the Attorney -In -Fact, If Grantor to to do any of the things referred to in the preceding paragraph, Grantor arid at Grantor's expanse. For such purposes, purpose of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lender's Sole opinion, to accomplish the matters. referred to in the preceding paragraph. l execute partial releases of the lien of this Mortgage upon the following conditions: Partial release provision PARTIAL RELEASES. Lander shal to be allowed as provided for in the Business Loan Agreement of even data between Borrower and Lender, as may be amended from time to time. FULL PERFORMANCE. If Grantor pays ail the Indebtedness. when due, and otherwise performs all the obligations imposed upon Grantor under this Mortgage, Lender shell execute and deliver to Grantor a suitable satisfaction of this Mortgage and suitable statamew p termination of any applicable Iowfinancing a staton ement lebe eemina[ion fee as determined by Lender ncing Lander's security interest in hfr mo time to time nts and the Personal Property. Grantor will pay, if permittetl by EVENTS OF DEFAULT..anyre Each of the fallowing, at Lander's option, shell constitute an Even[ of Default under this Mortgage: t when due under the Indebtedness. Payment Default. Grantor fails to make any paymen D other Oth paer yment neeessary to lure of Gtiant of it to athe ffect' discharge of enyrequired by hieoMortgage to make any payment for taxes or insurance, or efault on Environmental Default. Failure of any party to comply with or perform when due any term, obligation, covenant or condition contained in any environmental agreement executed in connection with the Property. Other Defaults. Grantor fails to comply With or to perform any other term, oblig able obligation, covenant , covenant or condition contained contained in any aother in any of the Related Documents or to comply with or to perform any term, 9 agreement between Lender and Grantor. Oatavit in Favor of Third Parties. Should Grantor default under any loan, extension of credit, security agreement, purchase or saleor s agreamenq or any other agreement, in favor of any other creditor ar person that may materially at any of Grantor's property ed Grantor's ability to repay the indebtedness or Grantor's ability a perform Grantor's obligations under this Mortgage of any of the Rotated Documents. ion or statement made or furnished to Lender by Grantor or on Grantor's babel# under this False Statements. Any warranty, represented MORTGAGE Loan No: 800102815 (Continued) Page 5 Mortgage or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Defective Coilateraliza6on. This Mortgage or any of the Related Documents ceases to be in full force and affect (including failure of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason. Insolvency. The dissolution or termination of Grantor's existence as a going business, the insolvency of Grantor, the appointment of a receiver for any part of Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Grantor. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Grantor or by any governmental agency against any property securing the Indebtedness. This Includes a garnishment of any of Grantor's accounts, including deposit accounts, with Lender. However, this Event of Default shell not apply If there is a good faith dispute by Grantor as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Grantor gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, In an amount determined by Lender, in Its sole discretion, as being an adequate reserve or bond for the dispute. Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and Lender that is not remedied within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other obligation of Grantor to Lender, whether existing now or later. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. Adverse Change. A material adverse change occurs in Grantor's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is impaired. Insecurity. Lender in good faith believes itself insecure. Right to Cure. If any default, other than a default in payment is curable and if Grantor has not been given a notice of a breach of the same provision of this Mortgage within the preceding twelve 02) months, it may be cured if Grantor, after Lender sends written notice to Grantor demanding cure of such default: (1) cures the default within fifteen (16) days; or (2) if the cure requires more then fifteen 11 5) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of an Event of Default and at any time thereafter, Lender, at Lender's option, may exercise any one or more of the following rights and remedies, In addition to any other rights or remedies provided by law: Accelerate Indebtedness. Lender shall have the right at Its option without notice to Grantor to declare the entire Indebtedness Immediately due and payable, Including any prepayment penalty that Grantor would be required to pay. UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code. Collect Rents. Lender shall have the right, without notice to Grantor, to take possession of the Property and collect the Rents, Including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lender, then Grantor irrevocably designates Lender as Grantor's attorney-in-fact to endorse Instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise Its rights under this subparagraph either in person, by agent, or through a receiver. Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver. Judicial Foreclosure. Lender may obtain a judicial decree foreclosing Grantor's interest in all or any pan of the Property. Nonjudicfal Sate. If permitted by applicable law, Lender may foreclose Grantor's interest in all or In any part of the Personal Property or the Real Property by non -judicial safe. Deficiency Judgment. If permitted by applicable low, Lender may obtain a judgment for any deficiency remaining in the Indebtedness due to Lender after application of all amounts received from the exercise of the rights provided in this section. Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property Is sold as provided above or Lender otherwise becomes entitled to possession of the Property upon default of Grantor, Grantor shall become a tenant at sufferance of Lender or the purchaser of the Property and shall, at Lender's option, either (1) pay a reasonable rental for the use of the Property, or (2) vacate the Property immediately upon the demand of Lender. Other Remedies. Lender shall have all other rights and remedies provided in this Mortgage or the Note or available at law or in equity. Safe of the Property. To the extent permitted by applicable law, Grantor hereby waives any and all right to have the Property marshalled. In exercising its rights and remedies, Lender shall be free to sell all or any part of the Property together or separately, in one sale or by separate sales. Lender shall be entitled to hid at any public sale on all or any portion of the Property. Notice of Sale. Lender shall give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the time after which any private sole or other intended disposition of the Personal Property Is to be made. Reasonable notice shall mean notice given at least ten (1 D) days before the time of the sale or disposition. Any sale of the Personal Property may be made in conjunction with any sale of the Real Property. Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Mortgage, after Grantor's failure to perform,. shall not affect MORTGAGE Loan No: 800102815 (Continued) Page 6 Lender's right to declare a default and exercise its remedies. Nothing under this Mortgage or otherwise shall be construed so as to limit or restrict the rights and remedies available to Lender following an Event of Default, or in any way to limit or restrict the rights and ability of Lender to proceed directly against Grantor and/or against any other co -maker, guarantor, surety or endorser earlier to proceed against any other collateral directly or indirectly securing the Indebtedness. Attorneys' Fees; Expenses. If Lender Institutes any suit or action to enforce any of the terms of this Mortgage, Lander shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand andshall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law. Lender's reasonable attorneys' fees and Lender's legal expenses whether or not there is a lawsuit, including reasonable attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post -judgment collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees and title insurance, to the extent permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by law. NOTICES. Any notice required to be given under this Mortgage, including without limitation any notice of default and any notice of sale shall be given In writing, and shall be effective when actually delivered, when actually received by telefacsimile lunless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Mortgage. All copies of notices of foreclosure from the holder of any lien which has priority over this Mortgage shall be sent to Lender's address, as shown near the beginning of this Mortgage. Any party may change its address for notices under this Mortgage by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address. Unless otherwise provided or required by law, If there Is more than one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to all Grantors. COUNTERPARTS - FACSIMILE SIGNATURES. This Agreement may be signed in any number of counterparts, each of which will be deemed to be an original, and all of which will be deemed to be an original, and ell of which, taken together will constitute one and the same contract. The parties will accept a signed counterpart of this Agreement transmitted by facsimile machine or pdf as though It were an original document; provided, however, that each party so transmitting a document will be obligated to deliver the manually signed original via overnight delivery service. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Mortgage: Amendments. This Mortgage, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Mortgage. No alteration of or amendment to this Mortgage shall be effective unless given In writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Annual Reports. If the Property is used for purposes other than Grantor's residence, Grantor shall furnish to Lender, upon request, e certified statement of net operating Income received from the Property during Grantor's previous fiscal year in such form and detail as Lender shall require. "Net operating Income" shall mean all cash receipts from the Property less all cash expenditures made in connection with the operation of the Property. Caption Headings. Caption headings in this Mortgage are far convenience purposes only and are not to be used to interpret or define the provisions of this Mortgage. Governing Law. This Mortgage will be governed by federal law applicable to Lender and. to the extent not preempted by federal law, the laws of the State of Idaho without regard to its conflicts of law provisions. This Mortgage has been accepted by Lender in the State of Idaho. Choice of Venue. If there is a lawsuit, Grantor agrees upon Lender's request to submit to the jurisdiction of the courts of ADA County, State of Idaho. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Mortgage unless such waiver Is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Mortgage shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Mortgage. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of Lender Is required under this Mortgage, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Severability. If a court of competent jurisdiction finds any provision of this Mortgage to be illegal, invalid, or unenforceable as to any circumstance, that finding shall not make the offending provision illegal, Invalid, or unenforceable as to any other circumstance. If feasible, the offending provision shell be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be considered deleted from this Mortgage. Unless otherwise required by low, the Illegality, Invalidity, or unenforceability of any provision of this Mortgage shall not affect the legality, validity or enforceability of any other provision of this Mortgage. Merger. There shall be no merger of the Interest or estate created by this Mortgage with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender. Successors and Assigns. Subject to any limitations stated in this Mortgage on transfer of Grantor's Interest, this Mortgage shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property Becomes vested in a person other than Grantor, Lender, without notice to Grantor, may deal with Grantor's successors with reference to this Mortgage and the Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this Mortgage or liability under the Indebtedness. Time is of the Essence. Time is of the essence in the performance of this Mortgage. Waive Jury. All parties to this Mortgage hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by any party against any other party. Waiver of Homestead Exemption. Grantor hereby releases and waives all rights and benefits of the homestead exemption laws of the State MORTGAGE Loan No: 800102816 (Continued) Page 7 of Idaho as to all Indebtedness secured by this Mortgage. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Mortgage. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise defined in this Mortgage shall have the meanings attributed to such terms in the Uniform Commercial Code: Borrower. The word "Borrower" means COREY BARTON HOMES, INC. and includes all cc -signers and co -makers signing the Note and all their successors and assigns. Default. The word "Default" moons the Default set forth in this Mortgage in the section titled "Default". Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act o 1980, as amended, 42 U.S.C. Section 9601, at seq. ("CERCLA"L the Superfund Amendments and f Reauthorization Act of 1966, Pub. L. No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, at seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, at seq., or other applicable state or federal laws, rules, or regulations adopted pursuant thereto. Event of Default. The words "Event of Default" mean any of the events of default set forth in this Mortgage in the events of default section of this Mortgage. Grantor. The word "Grantor' means COREY BARTON HOMES, INC.. Guarantor. The word -Guarantor" means any guarantor, surety, or accommodation party of any or all of the Indebtedness. Guaranty. The word "Guarantymeans the guaranty from Guarantor to Lender, including without limitation a guaranty of all or part of the Note. Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly used, treated, stared, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous Substances" are used in their very broadest sense and Include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos. Improvements. The word "Improvements" means all existing and future improvements, buildings, structures,mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real Property. Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by Lender to enforce Grantor's obligations under this Mortgage, together with interest on such amounts as provided In this Mortgage. Specifically, without limitation, Indebtedness Includes all amounts that may be indirectly secured by the Crass -Collateralization provision of this Mortgage. Lender. The word "Lender" means WESTERN CAPITAL BANK, its successors and assigns. Mortgage. The word "Mortgage" means this Mortgage between Grantor and Lender. Note. The word "Note" means the promissory note dated October 31, 2012, in the original principal atnount Of $1,973,693.92 from Grantor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE. Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (including without limitation all Insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. Property. The word "Property" means collectively the Real Property and the. Personal Property, Real Property. The words "Real Property" mean the real property, interests and rights; as further described in this Mortgage. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other Instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness; except that the words do not mean any guaranty or environmental agreement, whether now or hereafter existing, executed in connection with the Indebtedness. Hants. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the. Property. GRANTOR ACKNOWLEDGES ING AEf1D ALL THE PROVISIONS OF THIS MORTGAGE, AND GRANTOR AGREES TO ITS TERMS. GRANTOR: COREY BARTON HOME,6. INC. HOMES, MORTGAGE Loan No: 800102815 (Continued) Page 8 CORPORATE ACKNOWLEDGMENT STATE OF __t.dk, k 1 .j���� !SS COUNTY OF r V�cC— ) On this 31 day of QCT-i)CJYr , in the year 20 i!r� , before me 4AJ' koti-{S a notary public in and for the State of Idaho, personally appeared COREY D BARTON, President of COREY BARTON HOMES, INC., known or identified to me (or proved to we on the oath of ),to be an authorized signer of COREY BARTON HOMES, INC., the corporation that executed the instrument or the person who executed the instrument on behalf I said corpo tion and acknowledged to me that such corporation executed the same. Kt:aoa Residing at ivQ,jLl t _41✓ Notary Public fot'Ideho My commission expires e + 4 a Lending, Ver. 12.3.0.004 Capr. HerR)(SUjFiiadaw ns., Inc. 1997, 2012. All •o�(lF ..B$9 PR -11 SCHEDULE C Legal Description: parcel I (Southridge Estate Lola): A tract of land situated in the South One Half of the North One Half of Section 23, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: Beginning at a 518 inch steel pin monument ng the Center One Quarter Comer of said Section 23, from which a 518 Inch steel pin monumendng the East One Quarter of sold Section 23 bears South 89°0756" East a distance of 2658.97 feet; thence following the Westerly line of the Northeast One Quarter of sold Section 23 North 00°37'47" East a distance of 331.56 feet to a point; thence leaving the Westerly line of said Northeast One Quarter, 21.93 feet following the arc of a non -tangent curve to the left, sold curve having a radius of 398.28 feet, a central angle of 03°09'17", a chord beadng of South 82'38'49" West and a chord distance of 21.93 feet to a point; thence 172.86 feet following the arc of a reverse curve to the right, said curve having a radius of 508.91 feet, a central angle of 19'27'50", a chord bearing of North 89°11'55" West and a chord distance of 172.05 feet to a point; thence 27.66 feet following the arc of a non -tangent curve to the right, sold curve having a radius of 20.00 feet, a central angle of 79'13'53", a chord bearing of South 39051'03" East and a chord distance of 25.51 feet to a point; thence South 00'14'06" East a distance of 93.31 feet to a point; thence Southwesterly 47.74 feet following the are of a circular curve to the right, Salo curve having a radius of 30.00 feet, a central angle of 91'10'32", a chord bearing of South 45921'10" West and a chord distance of 42.86 feet to a point; thence North 89'03'34" West a distance of 204.56 feet to a point; thence North 08'1T51" East a distance of 108.82 feet to a point; thence North 27'03'51" East a distance of 100.18 feet to a point; thence 234.43 feet following the arc of a non -tangent curve to the right, said curve having a radius of 300.00 fact, a central angle of 44046'24", a chord bearing of North 37"06'08" West and a chord distance of 228.51 feet to a point; thence 279.37 foot following the arc of a reverse curve to the left, said curve having a radius of 825.00 feet, a central angle of 19'207", a chord bearing of North 24024'59" West and a chord distanceof 278.04 feet to a point; thence 33.10 feet following the arc of a compound curve to the left, said curve having a radius of 20.00 feet, a central angle of 94'49'57", a chord bearing of North 81'31'53" West and a chord distance of 29.45 feet to a point; thence North 36'01'32" West a distance of 50.07 feet to a point; thence 31.97 feet following the arc of a non -tangent curve to the left, said curve having a radius of 20.00 feet, a central angle of 91'34'54", a chord bearing of North 05'15'43" East and a chord distance of 28.67 feet to a point; thence North 49°2742" East a distance of 50.00 feet to a point; thence Southeasterly 41.31 feet following the arc of a curve to the left, said curve having a radius of 875.00 feet, a central angle of 2'42'17", a chord bearing of South 39010'38" East, and a chord distance of 41.30 feet to a point; thence North 52'09'30" East a distance of 119.99 feet to a point; thence North 56'38'44" East a distance of 124.011 feet to a point; thence North 20'1177" East a distance of 103.24 feet to a point; thence South 72'1728" East a distance of 172.84 feet to a point; thence Easterly 77.62 feet following the are of a circular curve to the loft, said curve having a radius of 80.00 feet, a central angle of 55'3525", a chord bearing of North 79054'50" East and a chord distance of 74.61 feet to a point; thence South 15'07'20" East a distance of 122.59 feet to a point; thence North 86'31'43" East a distance of 260.50 feet to a point on the Easterly easement line of the Ridenbaugh Canal; thence following the Easterly easement line of said Ridenbaugh Canal North 03'28'17" West a distance of 222.79 foot to a point; thence leaving said easement line South 56'31'59" East a distance of 159.58 feet to a point on the Easterly easement line of sold Ridenbaugh Canal; thence following the Easterly easement line of said Ridenbaugh Canal the following five courses and distances: 1.316.45 feet following the are of a non4angent curve to the right, said curve having a radius of 200.00 feet, a central angle of 90039'20", a chord bearing of South 8301727" East and a chord distance of 284.46 feet to a point; 2. South 37'52'47" East a distance of 369.30 feet to a point; 3. Southerly 480.10 feet following the are of a circular curve to the right, said curve having a radius of 370.00 feet, a central angle of 74'20'42", a chord bearing of South 00042'26" East and a chord distance of 447.12 feet to a point; 4. South 36'2755" West a distance of 34.62 feet to a point; 5. Thence Southerly 44.56 feet following the arc of a circular curve to the left, said curve having a radius of 80.00 feet, a central angle of 31°54'43", a chord bearing of South 20030'33" West and a chord distance of 43.98 feet to a point; thence leaving said Easterly easement line North 89002'52" West a distance of 70.07 feet to a point on the centerline of said Ridenbaugh Canal; thence following the ceMedine of said Ridenbaugh Canal the following four courses and distances: 1. 52.81 feel following the arc of a non4angenl curve to the left, said curve having a radius of 150.00 feel, a central angle of 20°1712", a chord bearing of South 07012'47" East and a chord distance of 52.53 feet to a point; 2. South 17°17'53" East a distance of 110.64 feet to a point; 3. Southerly 129.34 feel following the are of a circular curve to the right, said curve having a radius of 150.00 feet, a central angle of 49024'12", a chord bearing of South 07°2413" West and a chord distance of 125.37 feet to a point; 4. South 32006'19" West a distance of 21.67 feet to a point on the Southerly line of the North One Half of said Section 23; thence leaving said centerline and following the Southerly line of the North One Half of said Section 23 North 89°02'56" West a distance of 712 43 feet to the Point of Beginning. EXCEPTING THEREFROM: A tract of land situated in the Southwest One Quarter of the Northeast One Quarter of Section 23, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, described as follows: Commencing at a found brass cap monumenting the North One Quarter of said Section 23, from which a found 518 Inch steel pin monumenting the Center One Quarter Comer of said Section 23 bears South 00"3T47" West a distance of 2637.73 feet; thence following the Westedy fine of the Northeast One Quarter of said Section 23 South 00"3T47" West a distance of 1937,38 feet to a point; thence leaving said Westerly line South 89°22'13" East a distance of 515.14 feet to a found 112 Inch steel pin being the Point of Beginning; thence North 63°36'24" East a distance of 159.86 feet to a found 112 Inch steel pin on the Southwesterly rtghtrof way fine of the Ridenbaugh Canal; thence following said Southwesterly right-of-way line South 3705747" East a distance of 53.06 feet to a point; thence following said Southwesterly dght-ofway line, Southeasterly 123.81 feet following the arc of a circular curve to the right, said curve having a radius of 240.00 feet, a central angle of 29°3324", a chord bearing of South 23006'05" East and a chord distance of 122.44 feet to a found 112 inch steel pin; thence leaving said Southwesterly dghbofway line South 67"11'20" West a distance of 158.98 feet to a found 1/2 Inch steel pin; thence North 27°4739" West a distance of 147.67 feet to a point; thence Northwesterly 16.72 feet following the arc of a circular curve to the left, said curve having a radius of 197.50 feet, a central angle of 04051'03", a chord bearing of North 30°13'10" West and a chord distance of 16.72 feet to the Point of Beginning. Parcel II (Southridge Parcel 1B) A tract of land situated In the Northeast One Quarter of Section 23, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: Commencing at a 518 inch steel pin monumenting the Center One Quarter Comer of sold Section 23, from which a 518 Inch steel pin monumenting the East One Quarter of said Section 23 bears South 89°02'66" East a distance of 2658.97 feet; thence following the Southerly line of the Northeast One Quarter Comer of said Section 23 South 89002'56" East a distance of 712.43 feet to a point on the centerline of the Ridenbaugh Canal; thence leaving said Southerly line and following the cerdedlne of said Ridenbaugh Canal the following four courses and distances: 1. North 32°06'19" East a distance of 21.67 feet to a point; 2, Northerly 129.34 feet following the arc of a circular curve to the left, said curve having a radius of 150.00 feet, a central angle of 49024'12", a chord bearing of North 07024'13" East and a chord distance of 125.37 feet to a point; 3. North 17"1753" West a distance of 110.64 feel to a point; 4. Northerly 52.81 feat following the arc of a circular curve to the right, said curve having a radius of 150.00 feet, a central angle of 20"10'12", a chord bearing of North 07°12'47" West and a chord distance of 5153 feet to a point; thence leaving the centerline of said Rldenbaugh Canal South 89°02'52" East a distance of 70.07 feet to a point on the Easterly easement line of sold Ridenbaugh Canal being the Point of Beginning; thence following the Easterly easement line of sold Ridenbaugh Canal the following four courses and distances: 1. 44.56 feet following the arc of a non -tangent curve to the right, said curve having a radius of 80.00 feet, a central angle of 31°5443", a chord bearing of North 20°30'33" East, and a chord distance of 43.98 feet to a point; 2. North 36°27'55" East a distance of 34.82 feet to a point; 3. Northerly 48D.10 feet following the are of a circular curve to the left, said curve having a radlus of 370.00 feet, a central angle of 14020'42", a chord bearing of North 00042'26" West and a chord distance of 447.12 feet to a point; 4. North 37°52'47" West a distance of 332.30 feetto a point; thence leaving aeld Easterly easement line North 52"03'57" East a distance of 114,18 feet to a point; thence North 52°07'13" East a distance of 50.00 feet to a point; thence North 35°23'08" East a distance of 26.28 feetto a point; thence North 52°Or13" East a distance of 118.95 feet to a point; thence Northeasterly 113.77 feet following the are of a circular curve to the left, said curve having a radius of 195.00 feet, a central angle of 33°2646", a chord beadng of North 35°24'20" East and a chord distance of 112.17 feet to a point; thence North 18°41'27" East a distance of 180.38 feet to a point; thence 60.56 feet following the arc of a non -tangent curve to the left, said curve having a radius of 293.15 feet, a central angle of 11°6908", a chord bearing of North 5600238" West and a chord distance of 60.45 feet to a point; thence North 28°49'56" East a distance of 49.47 feet to a point; thence 57.71 feet following the arc of a non -tangent curve to the right, said curve having a radius of 325.00 feet, a central angle of 1001014", a chord beadng of South 57'1r04' East and a chord distance of 57.63 feet to a point; thence 94AO feet following the arc of a reverse curve to the left, said curve having a radius of 291.75 feet, a central angle of 18°32'22", a chord bearing of South 61028'03" East and a chord distance of 93.99 feet to a point; thence South 71°18'33" East a distance of 261.09 feet to a point; thence South 18°41'27" West a distance of 50.00 feet to a point; thence 31.42 feet following the arc of a non -tangent curve to the right, said curve having a radius of 20.00 feet, a central angle of 9000000", a chord bearing of South 26"18'33" East and a chord distance of 26.28 feetto a point; thence South 71018'33" East a distance of 50.00 feet to a point; thence South 18°41'27" West a distance of 144.96 feetto a point; thence Southwesterly 364.66 feet following the arc of a circular curve to the right, said curve having a radius of 625.00 feet, a central angle of 33°2546", a chord bearing of South 35°24'20" West and a chord distance of 359.51 feet to a point; thence South 52°Or13" West a distance of 135.23 lost to a point; thence Southerly 27.41 feel following the arc of a circular curve to the left, sold curve having a radius of 20.00 feet, a central angle of 78°30'54", a chord bearing of South 12051'45" West and a chord distance of 25.31 feet to a point; thence 485.19 feet following the arc of a reverse curve to the right, said curve having a radius of 535.00 feet, a central angle of 5195r41", a chord bearing of South 00°24'51" East and a chord distance of 488.73 feet to a point; thence 65A4 feet following the arc of a reverse curve to the tett, said curve having a radius of 276.01 feet, a central angle of 13°3x59", a chord bearing of South 18°057" West and a chord distance of 65.28 feet to a point; thence North 89°0752" West a distance of 199.65 feet to the Point of Beginning. Parcel III (Southridge Parcel 7B): A tract of land situated In the North One Half of Section 23, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: Beginning at a found 518 Inch steel pin monumenting the Center One Quarter of said Section 23, from which a found brass cap monumenting the West One Quarter of said Section 23 bears North 8900447" West a distance of 2666.66 feet; thence followin9 the Southerly line of the Northwest One Quarter of Section 23 North 69904'17" West a distance of 1832.01 feet to a found 112 inch steel pin; thence leaving said Southerly line North 22009'32" West a distance of 520.19 feet to a 518 Inch steel pin; thence North 25°08'21" East a distance of 3D.00 feet to a 518 Inch steel pin; thence 111.19 feet along the arc of a non -tangent curve to the right, sold curve having a radius of 50.00 foot, a central angle of 127°2416", a chord bearing of South 82°26'42" East and a chord distance of 89.65 foot to a 518 inch steel pin; thence 30.77 feet along the are of a reverse curve to the left, said curve having a radius of 25.00 feet, a central angle of 70°31'44", a chord bearing of South 54000'16" East and a chord distance of 26.87 feet to a 518 Inch steel pin; thence South 89°16'08" East a distance of 56,64 feetto a 518 Inch steel pin; thence 25.41 feet along the are of a circular curve to the left, said curve having a radius of 20.43 feet, a central angle of 71°1553", a chord bearing of North 54°13'05" East and a chord distance of 23.80 feet to a 518 Inch steel pin; thence 184.71 feet along the arc of a reverse curve to the right, said curve having a radius of 233.34 feet, a central angle of 45021'22", a chord bearing of North 41°1550" East and a chord distance of 179.93 feet to a 518 inch steel pin; thence North 47°39'35" West a distance of 157.73 feet to a 518 Inch steel pin on the Southerly right-of-way line of said West Overland Road; thence following said Southerly right-of-way line the following six courses: 1.420.42 feet along the arc of a non -tangent curve to the left, said curve having a radius of 1060.50 feet, a central angle of 22°5549", a chord bearing of North 58°5749" East and a chord distance of 417.62 feet to a 518 Inch steel pin; 2.288.12 feat along the arc of a non -tangent curve to the left, said curve having a radius of 1047.00 feet, a central angle of 15°46'02", a chord bearing of North 38°26'04" East and a chord distance of 287.21 feet to a 518 inch steel pin; 3. 393.88 feet along the arc of a non -tangent curve to the left, said curve having a radius of 1044.50 feet, it central angle of 211036,211", a chord bearing of North 20°56'21" East and a chord distance of 391.56 feet to a 5181nch steel pin; 4. North 10°08'10" East a distance of 231.17 feet to a 518 Inch steel pin; 5. South 75°06'37" East a distance of 6.36 feet to a 518 Inch steel pin; 6. North 14"53'23" East a distance of 79.42 feet to a 518 Inch steel pin on the centerline of the Ridenbaugh Canal; thence leaving said Southerly right-of-way line and following the centedlne of sold Ridenbaugh Canal following three courses: 1. North 6903T00" East a distance of 34.90 feet to a point; 2.320.04 feet along the are of a circular curve to the right, sold curve having a radius of 376.00 feet, a central angle of 48°53'57", a chord bearing of South 85°56'02" East and a chord distance of 310.42 feet to a point; 3. South 61°29'03" East a distance of 150.70 feet to a point; thence leaving the centerilne of said Ridenbaugh Canal North 0048'16" East a distance of 90.37 feet to a WS Inch steel pin on the Northerly easement line of the Ridenbaugh Canal; thence following the Northerly easement line of said Ridenbaugh Canal following eight courses: 1. South 61029'03" East a distance of 116.75 feet to a 518 Inch steel pin; 2.1424 feet along the arc of a circular curve to the left, said curve having a radius of 320.00 feet, a central angle of 2°32'56", a chord bearing of South 62°4531" East and a chard distance of 1423 feet to a 518 inch steel pin; 3. South 64001'59" East a distance of 330.62 feet to a 518 Inch steel pin; 4. 46A2 feet along the arc of the circular curve to the left, said curve having a radius of 320.00 feet, a central angle of 08°18'42", a chord bearing of South 68°11'20" East, and a chord distance of 46.38 feet to a 518 Inch steel pin; 5. South 72°20'41" East a distance of 150.79 feet to a $18 Inch steel pin; 6.276.48 feet along the arc of a circular curve to the right, said curve having a radius of 230.00 feet, a central angle of 68°5225", a chord bearing of South 37°54'30" East and a chord distance of 260.13 feet to a 518 inch steel pin; 7. South 86931'43" West a distance of 10.00 feet to a 518 Inch steel pin; 8. South 03°28'17" East a distance of 411.33 feet to a 518 Inch steel pin; thence leaving sold Northerly easement line South 86031'43" West a distance of 260.50 feet to a 518 inch steel pin; thence North 15°OT20" West a distance of 122,50 feet to a 518 inch steel pin; thence 77.62 feet along the arc of a non -tangent curve to the right, said curve having a radius of 80.00 feat, a central angle of 55035'25", a chord bearing of South 79054'60" Weal and a chord distance of 74.61 feet to a 518 inch steel pin; thence North 72°1T28" West a distance of 172.84 feet to a 518 Inch steel pin; thence South 20°11'27" West a distance of 103.24 feet to a 518 Inch steel pin; thence South 56°38'44" West a distance of 124.08 feet to a 518 inch steel pin; thence South 52009'30" West a distance of 119.99 feet to a 518 Inch steel pin; thence 41.31 feet along the are of a circular curve to the left, said curve having a radius of 875.00 feet, a central angle of 02°42'17", a chord bearing of North 39°1078" West, and a chord distance of 41.30 feet to a 518 Inch steel pin; thence South 49°2T42" West a distance of 50.00 feet to a 518 Inch steel pin; thence 31.97 feet along the arc of a non -tangent curve to the right, sold curve having a radius of 20.00 feet, a central angle of 91°34'54", a chord bearing of South 05015'42" West and a chord distance of 28.67 feet to a 5/8 Inch steel pin; thence South 36°01'32" East a distance of 50.07 feet to a 518 Inch steel pin; thence 33.10 feet along the are of a non -tangent curve to the right, said curve having a radius of 20.00 feet, a central angle of 94049'57", a chord bearing of South 81°31'52" East and a chord distance of 29.45 feet to a 518 Inch steel pin; thence 279.37 feel following the arc of a compound curve to the right, said curve having a radius of 025.00 feet, a central angle of 19°24'07", a chord bearing of South 24°24'59" East and a chord distance of 278.04 feet to a 518 Inch steel pin; thence 234.43 foot along the arc of a reverse curve to the left, said curve having a radius of 300.00 feet, a central angle of 44°46'24", a chord bearing of South 37°06'07" East and a chord distance of 228.51 feet to a 5/8 Inch steel pin; thence South 27°0351" West a distance of 100.18 feet to a 518 inch steel pin; thence South 08*1T51" West a distance of 106.82 feet to a 518 Inch steel pin; thence South 89"03'34" East a distance of 204.56 feet to a 518 Inch steel pin; thence 47.74 feet along the arc of a circular curve to the left, said curve having a radius of 30.00 feet, a central angle of 91010'32", a chord bearing of North 45021'10" East and a chord distance of 42.86 feet to a 518 Inch steel pin; thence North 00°14'06" West a distance of 93.31 feet to a 518 Inch steel pin; thence 27.66 feet along the arc of a circular curve to the left, said curve having a radius of 20.00 feet, a central angle of 79013'53", a chord bearing of North 39051'03" West and a chord distance of 25.51 feet to a 518 inch steel pin; thence 172.88 feet along the arc of a non -tangent curve to the left, said curve having a radius of 508.91 feet, a central angle of 19027'50", a chord bearing of South 89°11'55" East and a chord distance of 172.05 feet to a 518 Inch steel pin; thence 21.93 feet along the arc of a reverse curve to the right, said curve having a radius of 398.28 feet, a central angle of 03009'17", a chord bearing of North 82°38'49" East and a chord distance of 21.93 feet to a 518 inch steel pin on the Easterly line of the Northwest One Quarter of said Section 23; thence following the Easterly line of said Northwest One Quarter South 00°3T47" West a distance of 331.56 feet to the Point of Beginning. Parcel IV (Parcel 3 of Record of survey No. 8550): A tract of land situated In the Northeast One Quarter and the Northwest One Quarter of the Southeast One Quarter of section 23, Township 3 North, Range t West, Boise Meridian, City of Meridian, Ada County, Idaho, and being Parcel 3 of Record of Survey No. 8550 recorded April 22, 2009 as Instrument No. 109045733, more particularly described as follows: Commencing at a found 112 Inch steel pin monumenting the Northeast Comer of said Section 23 on the conterilne of South Linder Road from which a found 518 Inch steel pin monumenting the East One Quarter of sold Section 23 bears South 00°41'26" West a distance of 2650.67 feet; thence following the Easterly line of said Section 23 and the centedlne of sold south Under Road South 00°41'26" West a distance of 1602.93 feet to a point; thence leaving sold Easterly line and said centedlne North 89°18'32" West a distance of 40.00 feet to a point on the Westerly right-of-way line of sold South Under Road being the Point of Beginning; thence following said Westerly right-of-way line South 00041'26" West a distance of 997.52 feetto a found 518 Inch steel pin on the Northerly right-of-way line of Aspen Cove Drive; thence leaving said Westerly right-of-way line and following the Northerly dght-of-way line of said Aspen Cove Drive North 8900216" West a distance of 255.36 feet to a point on the centarilne of the Rldenbaugh Canal; thence leaving field Northerly right -of• way line and following the centerline of sold Rldenbaugh Canal the following eleven courses: 1.287.73 feet following the arc of a non -tangent curve to the left, sold curve having a radius of 600.00 feet, a central angle of 27028'35", a chord bearing of North 46'15'10" West, and a chord distance of 284.98 feet to a point; 2. North 59°5927" West a distance of 73.72 feet to a point; 3.9021 feet following the arc of a circular curve to the left, said curve having a radius of 120.00 feet, a central angle of 43°04'24", a chord bearing of North 81°31'39" West, and a chord distance of 88.10 feet to a point; 4. South 76°56'09" West a distance of 93.79 feetto a point; S. 8196 feet following the arc of a circular curve to the right, said curve having a radius of 100.00 feet, a central angle of 48006'06", a chord bearing of North 79°00'48" West, and a chord distance of 81.51 feet to a point; 6. North 5405745" West a distance of 108.31 feet to a point; 7. 90.18 feet following the arc of a circular curve to the left, said curve having a radius of 120.00 feet, a central angle of 43°03'30", a chord bearing of North 76°29'30" West, and a chord distance of 88.07 feet to a point; 8. South 61°58'45" West a distance of 380.01 feet to a point; 9.160.45 feet following the arc of a circular curve to the left, said curve having a radius of 150.00 feet, a central angle of 61°07'12", a chord bearing of South 51°20'09" West, and a chord distance of 152.91 feet to a point; 10. South 20°41'33" West a distance of 216.91 feet to a point; 11. 1.46 feet following the are of a circular curve to the right, said curve having a radius of 420.00 feet, a central angle of 0°11'57", a chord bearing of South 20°4T31" West, and a chord distance of 1.46 feet to a point on the Northerly line of Aspen Cove Subdivision, Blocks i and 2 (Book 31, Page 1895, Records of Ada County, Idaho); thence following said Northerly line North 89"02'66" West a distance of 32.61 feet to a point; thence following said Northerly line South 33006'24" West a distance of 127.52 feet to a point; thence following said Northerly line South 55024'04" West a distance of 417.50 feet to a point on the Easterly line of Aspen Cove Subdivision, Blocks 3, 4 and 5 (Book 35, Page 3040, Records of Ada County, Idaho); thence leaving said Northerly line and following said Easterly line North 7001707" West a distance of 47.38 feet to a point; thence following said Easterly line North 25°10'44" East a distance of 367.74 feet to a point on the Southerly line of the Northeast One Quarter of said Section 23; thence leaving said Easterly line and following said Southerly line North 89°02'56" West a distance of 34.06 feel to a point on the centerline of the Rldenbaugh Canal; thence leaving said Northerly right-of- way line and following the centerline of said Ridenbaugh Canal the following four courses: 1. North 32°0619" East a distance of 21.67 feet to a point; 2.129.34 feet following the are of a circular curve to the left, said curve having a radius of 150.00 feel, a central angle of 49024'12", a chord bearing of North 07°2413" East, and a chord distance of 125.37 feet to a point; 3, North 17'1T53" West a distance of 110.54 feet to a point; 4. 52.81 feet following the arc of a circular curve to the right, said curve having a radius of 150.00 fact, a central angle of 20°10'12", a chord bearing of North 07°1747" West, and a chord distance of 52.53 feet to a point; thence leaving said centerline South 89002'52" East a distance of 269.72 feet to a point; thence 65.44 feet following the arc of a non -tangent curve to the right, said curve having a radius of 275.01 feet, a central angle of 13°3T59", a chord bearing of North 18049'57" East, and a chord distance of 65.28 feet to a point; thence 465.19 feet following the arc of a reverse curve to the left, said curve having a radius of 535.00 feet, a central angle of 5105T41", a chord bearing of North 0002411"West, and a chord distance of 468.73 feet to a point; thence 27A1 feet following the arc of a reverse curve to the right, sold curve having a radius of 20.00 feet, a central angle of 78°30'54", a chord bearing of North 12051'45" East, and a chord distance of 25.31 feet to a point; thence North 52°0713" East a distance of 13523 feet to a point; thence 364.66 feet following the arc of a circular curve to the left, said curve having a radius of 625.00 feet, a central angle of 33°25'46", a chord bearing of North 35'24'20" East, and a chord distance of 359.51 feet to a point; thence North 18°41'27" Easta 6 paItr gp6tao q R South 71°18'33" East a distance of ytih 1 having a radius of 28000 feet, a CO Btf! ttn lib ,� a point; thence 634.05 feet follovdng ,¢f 8 iytiy ,th�'I§Lt 47"48'02", a chord bearing of Soutfl ^ 3" ru South 86012'34" East a distance of t14j, 16.iBp a radius of 320.00 feet, a central aag dh¢3$21•i "k . - ring of, thence South 89°3428" East a distance of 66M feet to apRf�ftAhotlt e North 00"26'32" East a distance of 2406400t to a pphit; thence South 89"34'27" East a distance of 33mo i0ot to a point; thdnoe South 89°18'32" East a distance of 101.43 feet to the Point of Beginning. , said curve of 168.68 feet to of angle of a.;chculor cufve,tothe left, 6,914 curve having antla chord"dfstArice of 1f1;f9'-Yeatto a point; ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 19.00 4 BOISE IDAHO 12102/10 02:30PM DEPUTY Vicki A Allen p p I1 RECORDED.REOUESTOF IIIIINVIIIIIIIIBIIIIIIIIIIIIIIIIIIIIIIOIIIIIIIIIII�I� TITLEONE BOISE 110113539 Title0ne a title & escrow Co. Order No.: A0985202 [WARRANTY DEED For Value Received, Linder 109, LLC, an Idaho limited liability company, the Grantor, does hereby grant, bargain sell and convey unto, Dyver Development, LLC, an Idaho limited liability company, whose current address is 1977 E Overland Rd Meridian, ID 83642, the Grantee, the following described premises, in Ada County, Idaho, To Wit: See the attached Exhibit A — Parcel 3 (Southridge Parcel 113). TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, its heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that Grantor is the owner in fee simple of said premises; that they are free from all encumbrances EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee; and subject to all existing patent reservations, easements, right(s) of way, protective covenants, zoning ordinances, and applicable building codes, laws and regulations, general taxes and assessments, including irrigation and utility assessments (if any) for the current year, which are not due and payable, and that Grantor will warrant and defend the same from all lawful claims whatsoever. Whenever the context so requires, the singular number includes the plural. Dated: December 31, 2009 WRrranty Deed Page 1 of 4 State of Idaho County of Ada On this 31st day of December, in the year appeared James L. Jewett, known or i ---- L' Liability Company tlAt executed ent on bebAfof said Lir vted L1�6 Commission Expires: Residing at: Warranty Deed Page 2 of 4 009, �efore me, the undersigned, personally Co me to be the manager or member of the ie instrument or the person(s) who execute the ity Company, and acknowledged to me that the same. Redding In Ma+imsn, Who My Commission exores:1142.2010 " NNNCIL . v' o� •� �c IC 'SFT �1•••w.°1°•� s`" H 0 ..,.�`. Exhibit A Parcel 3 (So flaidge Parcel 113): A tract of land situated in the Northeast One Quarter of Section 23, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: Commencing at a 5/8 -inch steel pin monumenting the Center One Quarter Corner of said Section 23, from which a 5/8 -inch steel pin monumenting the East One Quarter of said Section 23 bears South 89°02'56" East a distance of 2,658.97 feet; he east ne r Corner of said Sec 23,Sou h 89°02'56" East a distance of 712.43 fe0in et toa point on the centerline nof the non Ridenbaugh Canal; Thence leaving said southerly line and following the centerline of said Ridenbaugh Canal the following four courses and distances: 1. North 32006'19" East a distance of 21.67 feet to a pant; 2, Northerly 129.34 feet following the arc of a circular curve to the left, said curve having a radius of 150.00 feet, a central angle of 49024'12", a chord bearing of North 07°24'13" East and a chord distance of 125.37 feet to a pont: 3. North 17017'53" West a distance of 110.54 feet to a pont; 4. Northerly 52.81 feet following the arc of a circular curve to the right, said curve having a radius of 150.00 feet, a central angle of 20010'12", a chord bearing of North 07012'47" West and a chord distance of 52.53 feet to a point: Thence leaving the centerline of said Ridenbaugh Canal, South 89002'52" East a distance of 70.07 feet to a pont on the easterly easement line of said Rideabaugh Canal being the POINT OF BEGINNING; Thence following the easterly easement line of said Ridenbaugh Canal the following courses and distances: 1. 44.56 feet following the arc of anon tangent curve to the right, said curve having a radius of 80.00 feet, a central angle of 31054'43", a chord bearing of North 20030'33" East, and a chord distance of 43.98 feet to a point; 2. North 36027'55" East a distance of 34.82 fest to a pont; 3. Northerly 480.10 feet following the are of a circular curve to the left, said curve having a radius of 370.00 feet, a central angle of 74020'42", a chord bearing of North 00°42'26" West and a chord distance of 447.12 feet to a pont: 4. North 37052'47" West a distance of 332.30 feet to a point; ---`- Thencevin leag said easterly easement line, N6iffiMcU57""East a chstarice of 114.78 feet to a point; Thence North 52°07'13" East a distance of 50.00 feet to a point; Thence North 35023'08° East a distance of 26.28 feet to a point; Thence North 52007'13" East a distance of 118.95 feet to a point; e to the Thencenortheasterly having a adi 113.77 195 00 feet, following central angle of 33°25'46",r a chord bearing of ry curve having North 35°24'20" East and a chord distance of 112.17 feat to a point: Thence North 18°41'27" Eastd of a notance Of n tange03 8 nt otuve point; the left, said curve having a Thence 60.56 feet following ° of North 56 002'38" radius of 293.15 feet, a central angle of 11 50 08 , a chord bearing West and a chord distance of 60.45 feet to a point; Thence North 28°49156" East a distance of 49.47 feet to a Plent curve t Dint; he right, said curve having Thence 57.71 feet following the arc of a non tang a radius of 325.00 feet, a central angle of 10°I0'24", a chord bearing of South 57°1T04" East and a chord distance of 57.63 feet to a point; .40 feet following the arc of a reverse curve to the left, said curve having a Thence 94feet, a central angle of 18032'22", a chord bearing of South 61°28'03" radius of .40 East and a chord distance of 93.99 feet to a point; Thence South 71°18'33° East a distance of 261.09 feet to a point; Thence South 18°41'27° West a distance of 50.00 feet to a point; t, said curve having Thence 31.42 feet following the arc of a non°tangent curve to the right, a radius of 20.00 feet, a central angle of 9000'00", a chord bearing of South 26°18'33" East and a chord distance of 28.28 feet to a point; The South 71°18'33" East a distance of 50.00 feet to a point; t said o a point; 'Thence South 18°41'27" West a distance of e a6 f of eeta circular curve to the right, Thence southwesterly 364.66 feet following curve having a radius of 625.00 feet, a central angle of 33°25'4659.chord bearing of South 35024'20" West and a chord distance of 351 feet to a point Thence South 52°07'13" West a distance of 135.23 feet to a point; the left, said Thence he are of a curve to having a� radius of 20-00 feet al entralowing tang e of 78°30'54 a chord bearing of South e 12°51145" West and a chord distance of 25.31 feet to a pont: curvesaid Thence 485.19 feet following the are of 51057'41 " curve hord bean gt of South 00°24'51g"a radius of 535.00 feet, a central ang 468.73 feet to a point; _ East and a chord distance of Thence 65.44 feet following the arc of a rverse tcurve to the left, said of South 18 49 57 ° „ radius of 275.01 feet, a central angle of 13-37'59", a chord bearing West and a chord distance of 65.28 feet to a point; Thence North 89002'52" West a distance of 199.65 feet to the POINT OF BEGINNING. Titleone a title g escrow co. RECORDING ADA COUNTY 2E0CORDERDAVID NAVARRRO AMOUNT 19.00 4 DOME IDAHO DEPUTY Vicki A Allen II����������������������D�������II�p�9������������ RECORNE -REQUEST OF 110113587 TITLEO WARRANTY DEED For Value Received, Dyver Development, LLC, an Idaho Iimited liability company, the Grantor, does tohereby grant, bargain sell and convey an Corey Barton Homes, Inc., an Idaho address is 1977 E Overland Rd corporation dba CBH Homes whose current Meridian, ID 83642, the Grantee, the following described premises, in Ada County, Idaho, To Wit: See the attached Exhibit A— Parcel 3 (Southridge Parcel 113). TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said And the said Grantor does hereby covenant to and Grantee, its heirs and assigns forever. owner in fee simple of said premises; that they with the said Grantee, that Grantor's the are free from all encumbrances EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done pr ectthe ive covenants uzoning ordinances, bject to all patent reservations, easements, right(s) of way, P enerai taxes and assessments, and applicable building codes, laws and regulationsfor the current year, which are not due including irrigation and utility assessments (if any) and payable, and that Grantor will warrant and defend the same from all lawful claims whatsoever. Whenever the context so requires, the singular number includes the plural. Dated: December, 2010 Corey Barton Hoes, c., an Idaho corporation dba 0311 Homes BY' Corey D. Barton, President Warranty Deed Page l of 4 State of Idaho, County of Ada, ss. On this 14p -d day of December in the year of 2010, before me, the undersigned, a Notary Public in and for said State, personally appeared Corey D. Barton known or identified to me to be the president of the corporation that executed the instrument or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. — A& -L- V ' Notary Public _ Residing at: J My Commission Expires: FL Warranty Deed Page 2 of 4 EXHIBIT A Parcel 3 (Southridge Parcel 1B): A tract of land situated in the Northeast One Quarter of Section 2d3, Township 3 as North, Of Meridian, Ada County, Range 1 West, Boise Meridian, City follows: C coon c ngom which a 5/8 inch steel pin monumenting the EEast Oneming the Center one e Quarter of said er Comer of d Se °02'Sb" East a distance of 2,658.97one Qu feet; tion e Northeast said Se 33 eSouth 89 025 the southerly line of th 2 6" East a distance of 712.43 feet to0a point on the centerline of the Section 23 bears South 89 , Ridenbaugh Canal; outherly line and following the centerline of said Ridenbaugh Can al Thence leaving said s the following four courses and distances: 1. North 32°06'19" East a distance of 21.67 feet to a point; curve to the left, said curve having a Northerly 129.34 feet following thf 49 2 circular chord bearing of North 07°24'13" a radius of 150.00 feet, a central angle East and a chord distance of 125.37 feet toa point: 3. North 17017'53" West a distance of 110.54 feet to a point; right, said curve having 4. Northerly 52.81 feat following the of 20°10'121a a chord bearr curve to ing of North 07°12'47" a radius of 150.00 feet, a central angle West and a chord distance of 52.53 feet to a point: idenbaugh South 89002'52" East a distance Thence leaving the ccuton the of s aid R a ementt line of said Ridenbaugh Canal being he of 70.07 feet to a point POINT OF BEGINNING; line of said Ridenbaugh Canal the following Thence following the easterly easement courses and distances: following the arc of a non tangent curve to the right, said curve having a 1, 44.56 feet feet, a central angle of 31054'43", a chord bearing of North 20°30'33" radius of feet following East, and a chord distance of 43.98 feet to a point; 2 North 36027'55" East a distance of 34.82 feet to a point; curve arc of a 3 radius of 370 00 feet, ofollowing the central angle of 74°20'42' a chord bearing of North radius ar curve to the left, s 00°42'26ng a West and a chord distance of 447.12 feet to a point. 4. North 37052'47" West a distance of 332.30 feet to a point; Thence leaving said easterly easement line,North 52003'57" East a distance of 114.78 feet to a point; Thence North 52007'13" East a distance of 50.00 feet to a point; Thence North 35023'08" East a distance of 26.28 feet to a point; Thence North 52.0713" East a distance of 118.95 feet to a point; Warranty Deed Page 3 of 4 Thence northeasterly 113.77 feet following the are of a circular curve to the left, said curve having a radius of 195.00 feet, a central angle of 33025'46", a chord bearing of North 35°24'20" East and a chord distance of 112.17 feet to a point: Thence North 18041'27" East a distance of 180.38 feet to a point; Thence 60.56 feet following the arc of a non tangent curve to the left, said of North rve having radangle g a ins of 293.15 feet, a central le of 11°50'08", a chord bearing West and a chord distance of 60.45 feet to a point; Thence North 28°49'56" East a distance of 49.47 feet to a point; Thence 57.71 feet following the are of a non tangent curve to the right, said curve having a radius of 325.00 feet, a central angle of 10010'24", a chord bearing of South 57'17'04" East and a chord distance of 57.63 feet to a point; Thence 94,40 feet following the are of a reverse curve to the left, said curve having a radius of 291.75 feet, a central angle of 18°32'22", a chord bearing of South 61°28'03" East and a chord distance of 93.99 feet to a point; Thence South 71°18'33" East a distance of 261.09 feet to a point; Thence South 18°41'27" West a distance of 50.00 feet to a point; Thence 31.42 feet following the are of a non tangent curve to the right, said urve2'133"ng a radius of 20.00 feet, a central angle of 90°00'00", a chord bearing of East and a chord distance of 28.28 feet to a point; Thence South 71°18'33" East a distance of 50.00 feet to a point; Thence South 18°41'27" West a distance of 144.96 feet to a point; Thence southwesterly 364.66 feet following the arc of a circular curve to the right, said curve having a radius of 625.00 feet, a central angle of 33025'46", a chord bearing of South 35024'20" West and a chord distance of 359.51 feet to a point: Thence South 52'07'13" West a distance of 135.23 feet to a point; Thence southerly 27.41 feet following the arc of a circular curve to the left, said curve an of 78°30'54", a chord bearing of South having a radius of 20.00 feet, a central 12°51'45" West and a chord distance of 25.31 feet to a point: Thence 485.19 feet following the are of a reverse curve to the right, said curve having a radius of 535.00 feet, a central angle of 51057'41", a chord bearing of South 00°24'51" East and a chord distance of 468.73 feet to a point; Thence 65.44 feet following the are of a reverse curve to the left, said curve having a radius of 275.01 feet, a central angle of 1303759", a chord bearing of South 18049'57" West and a chord distance of 65.28 feet to apoint; Thence North 89°02'52" West a distance of 199.65 feet to the POINT OF BEGINNING. Warranty Deed Page 4 of 4 ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 22.00 5 BOISE IDAHO 12/02/10 02:30PM �I p RECORDED-REQUESTDEPUTY Vicki A Allon OF IIIIIVIIIIIItlIIIdIIIIIIIN� I IIIiII�IIII III TITLEONE BOISE 110113538 TitiCO11C a title & escrow co. Order No.: A0985202 WARRANTY DEED For Value Received, Linder 109, LLC, an Idaho limited liability company, the Grantor, does hereby grant, bargain sell and convey unto, Dyver Development, LLC, an Idaho limited liability company, whose current address is 1977 E Overland Rd Meridian, ID 83642, the Grantee, the following described premises, in Ada County, Idaho, To Wit: See the attached Exhibit A — Parcel I (Southridge Estate Lots) TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, its heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that Grantor is the owner in fee simple of said premises; that they are free from all encumbrances EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee; and subject to all existing patent reservations, easements, right(s) of way, protective covenants, zoning ordinances, and applicable building codes, laws and regulations, general taxes and assessments, including irrigation and utility assessments (if any) for the current year, which are not due and payable, and that Grantor will warrant and defend the same from all lawful claims whatsoever. Whenever the context so requires, the singular number includes the plural. Dated: December 31, 2009 Warranty Deed Page I of 5 State of Idaho County of Ada On this 31 st day of December, in the year 2009, before me, the undersigned, personally appeared James L. Jewett, known or identified to me to be the manager or member of the Lirmte Liability Company that execute he instrument or the person(s) who execute the in nt on be of said Limited ability Company, and acknowledged to me that such netted L21ity Cgftany, a eg ted the same. Motaiy Public Commission Expires: Residing at: Residing In MO&A, Idaho My Commission exptres: it -12.2010 Warranty Deed Page 2 of 5 T. Pr1C1LEgg`0 .P * NOTy� . a'• l/g LIC �* >' Exhibit A parcel l (Southridge Estate Lots): A tract of land situated in the South One Ealf of the North One Half of Section 23, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: BEGINNING at a 5/8 -inch steel pin monumenting the Center One Quarter Corner of said Section 23, from which a 5/8 -inch steel pin monumenting the East One Quarter of said Section 23 bears South 89002156" East a distance of 2,658.97 feet; Thence following the westerly line of the Northeast One Quarter of said Section 23, North 0003747" East a distance of 331.56 feet to a point; Thence leaving the westerly line of said Northeast One Quarter, 21.93 feet following the are of anon tangent curve to the left, said curve having a radius of 398.28 feet, a central angle of 03°09'17", a chord bearing of South 82°38'49" West and a chord distance of 21.93 feet to a point; Thence 172.88 feet following the are of a reverse curve to the right, said curve having a et, a central angle of 19°27'50", a chord bearing of North 89011'55" radius of 508.91 fe West and a chord distance of 172.05 feet to a point; Thence 27.66 feet following the arc of anon tangent curve to the right, said curve having a radius of 20.00 feet, a central angle of 79°13'53", a chord bearing of South 39°51'03" East and a chord distance of 25.51 feet to a point; Thence South 001 14106" East a distance of 93.31 feet to a point; Thence southwesterly 47.74 feet following the arc of a circular curve to the right, said curve having a radius of 30.00 feet, a central angle of 91 110'32", a chord bearing of South 45021110" West and a chord distance of 42.86 feet to a point: Thence North 89'03'34" West a distance of 204.56 feet to a point; Thence North 08°17'51" East a distance of 108.82 feet to a point; Thence North 27°03'51" East a distance of 100.18 feet to a point; Thence 234.43 feet following the arc of a non tangent curve to the right, said curve having a radius of 300.00 feet, a central angle of 44°46'24", a chord bearing of North 37106'08" West and a chord distance of 228.51 feet to a point; Thence 279.37 feet following the are of a reverse curve to the left, said curve having a radius of 825.00 feet, a central angle of 19024'07", a chord bearing of North 24°24'59" West and a chord distance of 278.04 feet to a point; Thence 33.10 feet fallowing the arc of a compound curve to the left, said curve having a 'et, a central angle of 94°49'57", a chord bearing of North 819 1'53" radius of 20.00 f West and a chord distance of 29.45 feet to a point; Thence North 36°01'32" West a distance of 50.07 feet to a point; Thence 31.97 feet following the are of a non tangent curve to the left, said curve having a radius of 20.00 feet, a central angle of 91134'54", a chord bearing of North 05°15'43" East and a chord distance of 28.67 feet to a point; Thence North 49°27'42" East a distance of 50.00 feet to a point; said curve ---- ------ 'T -hence southeasterly 41.31 feet �llowtng the arc of a curve to the of '�g a radius of 875.00 feet, a central angle of 2°42'17", a chord bearing South 39°10'38 East, and a chord distance of 41.30 feet to a point; Thence North 52°0990" East a distance of 119.99 feet to a point; Thence North 56°38'44" East a distance of 124.08 feet to a point; Thence North 20°11'27" East a distance of 103.24 feet to a point; Thence South 72017'28" East a distance of 172.84 feet to a point; Thence easterly 77.62 feet following the are of a circular curve to the left, said curve having a radius of 80.00 feet, a central angle of 55°35'25", a chord bearing of North 79054'50" East and a chord distance of 74.61 feet to a point: Thence South 15°07'20" East a distance of 122.50 feet to a point; Thence North 86°31'43" East a distance of 260.50 feet to a point on the easterly easement line of the Ridenbaugh Canal; Thence following the easterly easement line of said Ridenbaugh Canal, North 03028'17" West a distance of 222.79 feet to a point; Thence leaving said easement line, South 56031'59" East a distance of 159.58 feet to a point on the easterly easement line of said Ridenbaugh Canal; Thence following the easterly easement line of said Ridenbaugh Canal the following five courses and distances: 1. 316.45 feet following the arc of a non tangent curve to the right, said curve having a radius of 200.00 feet, a central angle of 90039'20", a chord bearing of South 83°12'27" East and a chord distance of 284.46 feet to a point; 2. South 37052'47" East a distance of 369.30 feet to a point; 3. Southerly 480.10 feet following the arc of a circular curve to the right, said curve having a radius of 370.00 feet, a central angle of 74°20'42", a chord bearing of South 00042'26" East and a chord distance of 447.12 feet to a point: 4. South 36027'55" West a distance of 34.82 feet to a point; 5. Thence southerly 44.56 feet following the arc of a circular curve to the left, said curve having a radius of 80.00 feet, a central angle of 31154'43", a chord bearing of South 20030'33" West and a chord distance of 43.98 feet to a point: Thence leaving said easterly easement line, North 89°02'52" West a distance of 70.07 feet to a point on the centerline of said Ridenbaugh Canal; courses and Thence following the centerline of said Ridenbaugh Canal the following distances: 1. 52.81 feet following the are of a non tangent curve to the left, said curve having a radius of 150.00 feet, a central angle of 20010'12", a chord bearing of South 07°12'47" East and a chord distance of 52.53 feet to a point; 2. South 17°17'53" East a distance of 110.54 feet to a point; 3. Southerly 129.34 feet following the arc of a circular curve to the right, said curve having a radius of 150.00 feet, a central angle of 49'24'12", a chord bearing of South 07°24'13" West and a chord distance of 125.37 feet to a point: 4. South 32006'19" West a distance of 21.67 feet to a point on the southerly line of the North One Half of said Section 23; Thence leaving said eenterline and following the southerly lme f the Nor One Half of said Section 23, North 89°02'56" West a distance of 712.43 feet to the POINT OF BEGINNING. 10.07_ ' _ � t 0=6131 A tract of land situated in the Southwest One Quarter of the Northeast One Quarter of Section 23, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, described as follows: Commencing at a found brass cap monumenting the North One Quarter of said Section 23, from which a found 5/8 -inch steel pin monumetning the Center One Quarter Corner of said Section 23 bears South 00°3747" West a distance of 2,637.73 feet; Thence following the westerly line of the Northeast One Quarter of said Section 23, South 003747" West a distance of 1,937.38 feet to a point; Thence leaving said westerly line, South 89°22'13" East a distance of 515.14 feet to a found 1/2 -inch steel pin being the POINT OF BEGINNING. Thence North 63°36'24" East a distance of 159.86 feet to a found 1/2 -inch steel pin on the southwesterly right-of-way line of the Ridenbaugh Canal; Thence following said southwesterly right-of-way line, South 37°52'47" East a distance of 53.06 feet to a point; Thence following said southwesterly right-of-way line, southeasterly 123.81 feet following the arc of a circular curve to the right, said curve having a radius of 240.00 feet, a central angle of 29°33'24", a chord bearing of South 23°06'05" East and a chord distance of 122.44 feet to a found 1/2 -inch steel pin; Thence leaving said southwesterly right-of-way line, South 67'11'20" West a distance of 158.98 feet to a found 1/2 -inch steel pin; Thence North 27°47'39" West a distance of 147.67 feet to a point; Thence northwesterly 16.72 feet following the are of a circular curve to the left, said curve having a radius of 197.50 feet, a central angle of 04°51'03", a chord bearing of North 30°13'10" West and a chord distance of 16.72 feet to the POINT OF BEGINNING. ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 22.00 5 BOISE IDAHO 12/02/10 03:09PM DEPUTY Vicki A Allen p p p RECORDED-REOUESTOF IIIIIII�IIIII��'BIIIIIIII��'IIIInIIIIIIIIIIIIIIIIIIIIIIIIIIII TITLEONE BOISE 110113591 TitleOne a time & escrow co. QEV f RECORDING WARRANTY DEED For Value Received, Dyver Development, LLC, an Idaho limited liability company, the Grantor, does hereby grant, bargain sell and convey unto, Corey Barton Homes, Inc., an Idaho corporation dba CRH Homes, whose current address is 1977 E Overland Rd Meridian, ID 83642, the Grantee, the following described premises, in Ada County, Idaho, To Wit: See the attached Exhibit A — Parcel 1 (Southridge Estate Lots) TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, its heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that Grantor is the owner in fee simple of said premises; that they are free from all encumbrances EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee; and subject to all existing patent reservations, easements, right(s) of way, protective covenants, zoning ordinances, and applicable building codes, laws and regulations, general taxes and assessments, including irrigation and utility assessments (if any) for the current year, which are not due and payable, and that Grantor will warrant and defend the same from all lawful claims whatsoever. Whenever the context so requires, the singular number includes the plural. Dated: December A 2010 Corey Barton Homes, Inc , an Idaho corporation dba CBH Homes BY: C ./ Corey D. Barton, resident Warranty Deed Page 1 of 5 State of Idaho, County of Ada, ss. On this day of December in the year of 2010, before me, the undersigned, a Notary Public in and for said State, personally appeared Corey D. Barton known or identified to me to be the President of the corporation that executed the instrument or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. J,tLbU . � °16 Notary Public —\ Residing at: Ma tmpa 1W. ,_f i. My Commission Expires O-05- (0 Warranty Deed Page 2 of 5 Exhibit A Parcel 1 (Southridge Estate Lots): A tract of land situated in the South One Half of the North One Half of Section 23, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: BEGINNING at a 5/8 -inch steel pin monumenting the Center One Quarter Corner of said Section 23, from which a 5/8 -inch steel pin monumenting the East One Quarter of said Section 23 bears South 89°02'56" East a distance of 2,658.97 feet; Thence following the westerly line of the Northeast One Quarter of said Section 23, North 00°3747" East a distance of 331.56 feet to a point; Thence leaving the westerly line of said Northeast One Quarter, 21.93 feet following the arc of a non tangent curve to the left, said curve having a radius of 398.28 feet, a central angle of 03°09'17", a chord bearing of South 82°38'49" West and a chord distance of 21.93 feet to a point; Thence 172.88 feet following the arc of a reverse curve to the right, said curve having a radius of 508.91 feet, a central angle of 19°27'50", a chord bearing of North 89°11'55" West and a chord distance of 172.05 feet to a point; Thence 27.66 feet following the are of a non tangent curve to the right, said curve having a radius of 20.00 feet, a central angle of 79°13'53", a chord bearing of South 39°51'03" East and a chord distance of 25.51 feet to a point; Thence South 00°14'06" East a distance of 93.31 feet to a point; Thence southwesterly 47.74 feet following the arc of a circular curve to the right, said curve having a radius of 30.00 feet, a central angle of 91°10'32", a chord bearing of South 45°21'10" West and a chord distance o£42.86 feet to a point: Thence North 89°03'34" West a distance of 204.56 feet to a point; Thence North 08°17'51" East a distance of 108.82 feet to a point, Thence North 27°03'51" East a distance of 100.18 feet to a point; Thence 234.43 feet following the arc of a non tangent curve to the right, said curve having a radius of 3 00. 00 feet, a central angle of 44°46'24", a chord bearing of North 37°06'08" West and a chord distance of 228.51 feet to a point; Thence 279.37 feet following the are of a reverse curve to the left, said curve having a radius of 825.00 feet, a central angle of 19°24'07", a chord bearing of North 24°24'59" West and a chord distance of 278.04 feet to a point; Thence 33.10 feet following the are of a compound curve to the left, said curve having a radius of 20.00 feet, a central angle of 94°49'57", a chord bearing of North 81'3 1'53" West and a chord distance of 29.45 feet to a point; Thence North 36101'32" West a distance of 50.07 feet to a point; Thence 31.97 feet following the arc of a non tangent curve to the left, said curve having a radius of 20.00 feet, a central angle of 91'34'54", a chord bearing of North 05'l 5'43" East and a chord distance of 28.67 feet to a point; Thence North 49°2742" East a distance of 50.00 feet to a point, Warranty Deed Page 3 of 5 Thence southeasterly 41.31 feet following the arc of a curve to the left, said curve having a radius of 875.00 feet, a central angle of 2°42'17", a chord bearing of South 39° 10'38" East, and a chord distance of 41.30 feet to a point; Thence North 52°09'30" East a distance of 119.99 feet to a point; Thence North 56°38'44" East a distance of 124.08 feet to a point; Thence North 20°11'27" East a distance of 103.24 feet to a point; Thence South 729728" East a distance of 172.84 feet to a point; Thence easterly 77.62 feet following the arc of a circular curve to the left, said curve having a radius of 80.00 feet, a central angle of 55°3325", a chord bearing of North 79°54'50" East and a chord distance of 74.61 feet to a point: Thence South 15°07'20" East a distance of 122.50 feet to a point; Thence North 86°31'43" East a distance of 260.50 feet to a point on the easterly easement line of the Ridenbaugh Canal; Thence following the easterly easement line of said Ridenbaugh Canal, North 03°28'17" West a distance of 222.79 feet to a point; Thence leaving said easement line, South 56°31'59" East a distance of 159.58 feet to a point on the easterly easement line of said Ridenbaugh Canal; Thence following the easterly easement line of said Ridenbaugh Canal the following five courses and distances: 1. 316.45 feet following the are of a non tangent curve to the right, said curve having a radius of 200.00 feet, a central angle of 90°39'20", a chord bearing of South 83°12'27" East and a chord distance of 284.46 feet to a point; 2. South 37°52'47" East a distance of 369.30 feet to a point; 3. Southerly 480.10 feet following the arc of a circular curve to the right, said curve having a radius of 370.00 feet, a central angle of 74°20'42", a chord bearing of South 00042'26" East and a chord distance of 447.12 feet to a point: 4. South 36°27'55" West a distance of 34.82 feet to a point; 5. Thence southerly 44.56 feet following the arc of a circular curve to the left, said curve having a radius of 80.00 feet, a central angle of 31'54'43", a chord bearing of South 20°30'33" West and a chord distance of 43.98 feet to a point: Thence leaving said easterly easement line, North 89°02'52" West a distance of 70.07 feet to a point on the centerline of said Ridenbaugh Canal; Thence following the centerline of said Ridenbaugh Canal the following courses and distances: 1. 52.81 feet following the arc of a non tangent curve to the left, said curve having a radius of 150M feet, a central angle of 20010'12", a chord bearing of South 07°12'47" East and a chord distance of 52.53 feet to a point; 2. South 17°17'53" East a distance of 110.54 feet to a point; 3. Southerly 129,34 feet following the arc of a circular curve to the right, said curve having a radius of 150.00 feet, a central angle of 49°24'12", a chord bearing of South 07°24'13" West and a chord distance of 12 5.3 7 feet to a point: 4. South 32'06'19" West a distance of 21,67 feet to a point on the southerly line of the North One Half of said Section 23; Thence leaving said centerline and following the southerly line of the Nor One Half of said Section 23, North 89°02'56" West a distance of 712.43 feet to the POINT OF BEGINNING. Warranty Deed Page 4 of 5 EXCEPTING THEREFROM: A tract of land situated in the Southwest One Quarter of the Northeast One Quarter of Section 23, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, described as follows: Commencing at a found brass cap monumenting the North One Quarter of said Section 23, from which a found 5/8 -inch steel pin monumenting the Center One Quarter Corner of said Section 23 bears South 00°37'47" West a distance of 2,637.73 feet; Thence following the westerly line of the Northeast One Quarter of said Section 23, South 00°37'47" West a distance of 1,937.38 feet to a point; Thence leaving said westerly line, South 89°22'13" East a distance of 515.14 feet to a found 1/2 -inch steel pin being the POINT OF BEGINNING. Thence North 63°36'24" East a distance of 159.86 feet to a found 1/2 -inch steel pin on the southwesterly right-of-way line of the Ridenbaugh Canal; Thence following said southwesterly right-of-way line, South 37°5247" East a distance of 53.06 feet to a point; Thence following said southwesterly right-of-way line, southeasterly 123.81 feet following the arc of a circular curve to the right, said curve having a radius of 240.00 feet, a central angle of 2933'24", a chord bearing of South 23°06'05" East and a chord distance of 122.44 feet to a found 1/2 -inch steel pin; Thence leaving said southwesterly right-of-way line, South 67°11'20" West a distance of 158.98 feet to a found 1/2 -inch steel pin; Thence North 27°47'39" West a distance of 147.67 feet to a point; Thence northwesterly 16.72 feet following the are of a circular curve to the left, said curve having a radius of 197.50 feet, a central angle of 04°5 P03", a chord bearing of North 30°13'10" West and a chord distance of 16.72 feet to the POINT OF BEGINNING. Warranty Deed Page 5 of 5 ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 22.00 5 BOISE IDAHO 12/02/10 02:30PMDEPUTY Vicki AAJIen RECORDED-REQUEST OF IIIIIIIIIIIIVIIIIIIIIIII@�IIIIIIIIIIIIIIIIIINIIIIIIIIIIIIIIII TITLEONE BOISE 110113540 TiticOnc a title & escrow Co. Order No.: A0985202 WARRANTY DEED For Value Received, Linder 109, LLC, an Idaho limited liability company, the Grantor, does hereby grant, bargain sell and convey unto, Dyver Development, LLC, an Idaho limited liability company, whose current address is 1977 E Overland Rd Meridian, ID 83642, the Grantee, the following described premises, in Ada County, Idaho, To Wit: See the attached Exhihit A — Parcel 5 (Southridge Parcel 713) TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, its heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that Grantor is the owner in fee simple of said premises; that they are free from all encumbrances EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee; and subject to all existing patent reservations, easements, right(s) of way, protective covenants, zoning ordinances, and applicable building codes, laws and regulations, general taxes and assessments, including irrigation and utility assessments (if any) for the current year, which are not due and payable, and that Grantor will warrant and defend the same from all lawful claims whatsoever. Whenever the context so requires, the singular number includes the plural. Dated: December 31, 2009 Warranty Deed Page 1 of 5 State of Idaho County of Ada On this 31 st day of December, in the appe d James L. Jewett, known or I.� Lia n Vc Comps%that e c ins ent one if ofd ai L' tees Notary Public Commission Expires: Residing at: warramy Deed Page 2 of 5 X2009, before me, the undersigned, personally ified to me to be the manager or member of the the instrument or the person(s) who execute the ility Company, and acknowledged to me that d the same. gesWinginMeddian`' Idaho 122010 My Commission exp Exhibit A Parcel 5 (Southridge Parcel 7B): A tract of land situated in the North One Half of Section 23, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: BEGINNING at a found 5/8 -inch steel pin monumenting the Center One Quarter of said Section 23, from which a found brass cap monumenting the West One Quarter of said Section 23 bears North 89°04'17" West a distance of 2,666.56 feet; Thence following the southerly line of the Northwest One Quarter of Section 23, North 89'04'17" West a distance of 1,832.01 feet to a found 1/2 -inch steel pin; Thence leaving said southerly line, North 22009132" West a distance of 520.19 feet to a 5/8 -inch steel pin; Thence North 25'08'21" East a distance of 30,00 feet to a 5/8 -inch steel pin; Thence 111.19 feet along the arc of anon tangent curve to the right, said curve having a radius of 50.00 feet, a central angle of 127'24'36", a chord bearing of South 82'2642" East and a chord distance of 89.65 feet to a 5/8 -inch steel pin, Thence 30.77 feet along the arc of a reverse curve to the left, said curve having a radius of 25.00 feet, a central angle of 70'31'44", a chord bearing of South 54'00'16" East and a chord distance of 28.87 feet to a 5/8 -inch steel pin; Thence South 89'16'08" East a distance of 58.64 feet to a 5/8 -inch steel pin; Thence 25.41 feet along the arc of a circular curve to the left, said curve having a radius of 20.43 feet, a central angle of 7l'I5'53", a chord bearing of North 54'13'05" East and a chord distance of 23.80 feet to a 5/8 -inch steel pin; Thence 184.71 feet along the arc of a reverse curve to the right, said curve having a radius of 233.34 feet, a central angle of 45'21'22", a chord bearing of North 41'15'50" East and a chord distance of 179.93 feet to a 5/8 -inch steel pin; Thence North 47'39'35" West a distance of 157.73 feet to a 5/8 -inch steel pin on the southerly right-of-way Iine of said West Overland Road; Thence following said southerly right-of-way line the following six (6) courses: 1.420.42 feet along the are of a non tangent curve to the left, said curve having a radius of 1,050.50 feet, a central angle of 22'55'49", a chord bearing of North 58057149" East and a chord distance of 417.62 feet to a 5/8 -inch steel pin; 2.288.12 feet along the arc of a non tangent curve to the left, said curve having a radius of 1,047.00 feet, a central angle of 15'46'02", a chord bearing of North 38026'04" East and a chord distance of 287.21 feet to a 5/8 -inch steel pin; 3.393.88 feet along the arc of a non tangent curve to the left, said curve having a radius of 1,044.50 feet, a central angle of 21'36'21 ", a chord bearing of North 20'56'21" East and a chord distance of 391.55 feet to a 5/8 -inch steel pin; 4. North 10108'10" East a distance of 231.17 feetto a 5/8 -inch steel pin; 5. South 75'06'37" East a distance of 6.36 feet to a 5/8 -inch steel pin; 67Norff14°53'23"East a distance of 79.42 feet to a 578 -inch steel pin on the centerIme of the Ridenbaugh Canal; Thence leaving said southerly right-of-way line and following the centerline of said Ridenbaugh Canal following three (3) courses: 1. North 69037'00" East a distance of 34.90 feet to a point; 2.320.04 feet along the arc of a circular curve to the right, said curve having a radius of 375.00 feet, a central angle of 48°53'57", a chord bearing of South 85°56'02" East and a chord distance of 310.42 feet to a point; 3. South 61'29'03" East a distance of 150.70 feet to a point; Thence leaving the centerline of said Ridenbaugh Canal, North 0°48'16" East a distance of 90.37 feet to a 5/8 -inch steel pin on the northerly easement line of the Ridenbaugh Canal; Thence following the northerly easement line of said Ridenbaugh Canal following eight (8) courses: 1. South 61°29'03" East a distance of 118.75 feet to a 5/8 -inch steel pin; 2. 14.24 feet along the are of a circular curve to the left, said curve having a radius of 320.00 feet, a central angle of 2°32'56", a chord bearing of South 62°45'31" East and a chord distance of 14.23 feet to a 5/8 -inch steel pin; 3. South 64°01'59" East a distance of 330.62 feet to a 5/8 -inch steel pin; 4. 46.42 feet along the arc of the circular curve to the left, said curve having a radius of 320.00 feet, a central angle of 08°1842", a chord bearing of South 68'l P20" East, and a chord distance of 46.38 feet to a 5/8 -inch steel pin; 5. South 72°20'41" East a distance of 150.79 feet to a 5/8 -inch steel pin; 6. 276.48 feet along the are of a circular curve to the right, said curve having a radius of 230.00 feet, a central angle of 68°52'25", a chord bearing of South 37154'30" East and a chord distance of 260.13 feet to a 5/8 -inch steel pin; 7. South 86°31'43" West a distance of 10.00 feet to a 5/8 -inch steel pin; 8. South 03'28'17" East a distance of 411.33 feet to a 5/8 -inch steel pin; Thence leaving said northerly easement line, South 86°31'43" West a distance of 260.50 feet to a 5/8 -inch steel pin; Thence North 15°07'20" West a distance of 122.50 feet to a 5/8 -inch steel pin; Thence 77.62 feet along the are of a non tangent curve to the right, said curve having a radius of 80,00 feet, a central angle of 55°35'25", a chord bearing of South 79°54'50" West and a chord distance of 74.61 feet to a 5/8 -inch steel pin; Thence North 72°1728" West a distance of 172.84 feet to a 5/8 -inch steel pin; Thence South 20°11'27" West a distance of 103.24 feet to a 5/8 -inch steel pin; Thence South 56°3844" West a distance of 124.08 feet to a 5/8 -inch steel pin; Thence South 52°09'30" West a distance of 119.99 feet to a 5/8 -inch steel pin-, Thence 41.31 feet along the arc of a circular curve to the left, said curve having a radius of 875.00 feet, a central angle of 02°42'17", a chord bearing of North 39010138" West, and a chord distance of 41.30 feet to a 5/8 -inch steel pin; "^ Thence Soua th 49°2T42" West distance�50.00 feet to a 518 -inch steel pin; ' � � --` Thence 31.97 feet along the are of a non tangent curve to the right, said curve having a radius of 20.00 feet, a central angle of 91 °34'54", a chord bearing of South 05°15'42" West and a chord distance of 28.67 feet to a 5/8 -inch steel pin; Thence South 36°01'32" East a distance of 50.07 feet to a 5/8 -inch steel pin; Thence 33.10 feet along the arc of a non tangent curve to the right, said curve having a radius of 20.00 feet, a central angle of 94°49'57", a chord bearing of South 81°31'52" East and a chord distance of 29.45 feet to a 5/8 -inch steel pin; Thence 279.37 feet following the arc of a compound curve to the right, said curve having a radius of 825.00 feet, a central angle of 19°24'07", a chord bearing of South 24°24'59" East and a chord distance of 278.04 feet to a 5/8 -inch steel pin; Thence 234.43 feet along the arc of a reverse curve to the left, said curve having a radius of 300.00 feet, a central angle of 44°46'24", a chord bearing of South 37°06'07" East and a chord distance of 228.51 feet to a 5/8 -inch steel pin; Thence South 27°03'51 " West a distance of 10018 feet to a 5/8 -inch steel pin; Thence South 08°17'51" West a distance of 108.82 feet to a 5/8 -inch steel pin; Thence South 89°03'34" East a distance of 204.56 feet to a 5/8 -inch steel pin; Thence 47.74 feet along the arc of a circular curve to the left, said curve having a radius of 30.00 feet, a central angle of 91 *10'32", a chord bearing of North 45°21'10" East and a chord distance of 42.86 feet to a 5/8 -inch steel pin; Thence North 00'14'06" West a distance of 93.31 feet to a 5/8 -inch steel pin; Thence 27.66 feet along the arc of a circular curve to the left, said curve having a radius of 20.00 feet, a central angle of 79113'53", a chord bearing of North 39051103" West and a chord distance of 25.51 feet to a 5/8 -inch steel pin; Thence 172.88 feet along the are of a non tangent curve to the left, said curve having a radius of 508.91 feet, a central angle of 19°27'50", a chord bearing of South 89°11'55" East and a chord distance of 172.05 feet to a 5/8 -inch steel pin; Thence 21.93 feet along the arc of a reverse curve to the right, said curve having a radius of 398.28 feet, a central angle of 03°09'17", a chord bearing of North 82°38'49" East and a chord distance of 21.93 feet to a 5/8 -inch steel pin on the easterly line of the Northwest One Quarter of said Section 23; Thence following the easterly line of said Northwest One Quarter, South 00°37'47" West a distance of 331.56 feet to the POINT OF BEGINNING. ADA COUNTY RECORDER J, DAVID NAVARRO AMOUNT 22.00 5 BOISE IDAHO 12/02/10 03:09PM DEPUTY Nikola Olson gg II'' IIII pp II''++pp II pp RECORDED -REQUEST OF TITLEONE BOISE 110113590 i b a' TitleOne a Ulle & escrow co. ACCOMMODA,TIO- NI RECORDING WARRANTY DEED For Value Received, Dyver Development, LLC, an Idaho limited liability company, the Grantor, does hereby grant, bargain sell and convey unto, Corey Barton Homes, Inc, an Idaho corporation dba CBH Homes, whose current address is 1977 E Overland Rd Meridian, ID 83642, the Grantee, the following described premises, in Ada County, Idaho, To Wit: See the attached Exhibit A—Parcel 5 (Southridge Parcel 713) TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, its heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that Grantor is the owner in fee simple of said premises; that they are free from all encumbrances EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee; and subject to all existing patent reservations, easements, right(s) of way, protective covenants, zoning ordinances, and applicable building codes, laws and regulations, general taxes and assessments, including irrigation and utility assessments (if any) for the current year, which are not due and payable, and that Grantor will warrant and defend the same from all lawful claims whatsoever. Whenever the context so requires, the singular number includes the plural. Dated: December l , 2010 Corey Barton Homes, I9c„ an Idaho corporation dba CBH Homes BYe �.... _ Corey D. Barton, President Warranty Deed Page 1 of 5 State of Idaho, County of Ada, ss. On this C "j day of December in the year of 2010, before me, the undersigned, a Notary Public in and for said State, personally appeared Corey D. Barton known or identified to me to be the President of the corporation that executed the instrument or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. -AL-, k1612Lz- Notary Public Residing at: N1141221 My Commission Expires: (�5 Warranty Deed Page 2 of 5 EXHIBIT A Parcel 5 (Southridge Parcel 713): A tract of land situated in the North One Half of Section 23, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: BEGINNING at a found 5/8 -inch steel pin monumenting the Center One Quarter of said Section 23, from which a found brass cap monumenting the West One Quarter of said Section 23 bears North 89°04'17" West a distance of 2,666,56 feet; Thence following the southerly line of the Northwest One Quarter of Section 23, North 89°04'17" West a distance of 1,832.01 feet to a found 1/2 -inch steel pin; Thence leaving said southerly line, North 22°09'32" West a distance of 520.19 feet to a 5/8 -inch steel pin; Thence North 25108'21" East a distance of 30.00 feet to a 5/8 -inch steel pin; Thence 111.19 feet along the are of a non tangent curve to the right, said curve having a radius of 50.00 feet, a central angle of 127°24'36", a chord bearing of South 82°26'42" East and a chord distance of 89.65 feet to a 5/8 -inch steel pin; Thence 30.77 feet along the arc of a reverse curve to the left, said curve having a radius of 25.00 feet, a central angle of 70°31'44", a chord bearing of South 54°00'16" East and a chord distance of 28.87 feet to a 5/8 -inch steel pin; Thence South 89°16'08" East a distance of 58.64 feet to a 5/8 -inch steel pin; Thence 25.41 feet along the are of a circular curve to the left, said curve having a radius of 20.43 feet, a central angle of 71°15'53", a chord bearing of North 54°13'05" East and a chord distance of 23.80 feet to a 5/8 -inch steel pin; Thence 184.71 feet along the arc of a reverse curve to the right, said curve having a radius of 233.34 feet, a central angle of 45°21'22", a chord bearing of North 41'15,50" East and a chord distance of 179.93 feet to a 5/8 -inch steel pin; Thence North 47°39'35" West a distance of 157.73 feet to a 5/8 -inch steel pin on the southerly right-of-way line of said West Overland Road; Thence following said southerly right-of-way line the following six (6) courses: 1. 420.42 feet along the are of a non tangent curve to the left, said curve having a radius of 1,050.50 feet, a central angle of 22°5549", a chord bearing of North 58x57'49" East and a chord distance of 417.62 feet to a 5/8 -inch steel pin; 2.288.12 feet along the are of a non tangent curve to the Ieft, said curve having a radius of 1,047.00 feet, a central angle of 15°46'02", a chord bearing of North 38°26'04" East and a chord distance of 287.21 feet to a 5/8 -inch steel pin; 3. 393.88 feet along the are of a non tangent curve to the left, said curve having a radius of 1,044.50 feet, a central angle of 21'36'21 ", a chord bearing of North 20°56'21" East and a chord distance of 391.55 feet to a 5/8 -inch steel pin; 4. North 10°08'10" East a distance of 231.17 feet to a 5/8 -inch steel pin; 5. South 75°06'37" East a distance of 6.36 feet to a 5/8 -inch steel pin; 6. North 14°5323" East a distance of 79.42 feet to a 5/8 -inch steel pin on the centerline of the Ridenbaugh Canal; W manty Deed Page 3 of 5 Thence leaving said southerly right-of-way line and following the centerline of said Ridenbaugh Canal following three (3) courses: 1. North 69°37'00" East a distance of 34.90 feet to a point; 2. 320.04 feet along the arc of a circular curve to the right, said curve having a radius of 375.00 feet, a central angle of 48°53'57", a chord bearing of South 85°56'02" East and a chord distance of 310.42 feet to a point; 3. South 61'29'03" East a distance of 150.70 feet to a point; Thence leaving the centerline of said Ridenbaugh Canal, North 0°48'16" East a distance of 90.37 feet to a 5/8 -inch steel pin on the northerly easement line of the Ridenbaugh Canal; Thence following the northerly easement line of said Ridenbaugh Canal following eight (8) courses: 1. South 61029'03" East a distance of 118.75 feet to a 5/8 -inch steel pin; 2. 14.24 feet along the arc of a circular curve to the left, said curve having a radius of 320,00 feet, a central angle of 2°32'56", a chord bearing of South 62°45'31" East and a chord distance of 14.23 feet to a 5/8 -inch steel pin; 3. South 64°01'59" East a distance of 330.62 feet to a 5/8 -inch steel pin; 4. 46.42 feet along the are of the circular curve to the left, said curve having a radius of 320.00 feet, a central angle of 08°18'42", a chord bearing of South 6801112011 East, and a chord distance of 46.38 feet to a 5/8 -inch steel pin; 5. South 72°20'41" East a distance of 150.79 feet to a 5/8 -inch steel pin; 6.276.48 feet along the arc of a circular curve to the right, said curve having a radius of 230.00 feet, a central angle of 68°52'25", a chord bearing of South 37°54'30" East and a chord distance of 260.13 feet to a 5/8 -inch steel pin; 7. South 86°31'43" West a distance of 10.00 feet to a 5/8 -inch steel pin; 8. South 03028'17" East a distance of 411.33 feet to a 5/8 -inch steel pin; Thence leaving said northerly easement line, South 86°31'43" West a distance of 260.50 feet to a 5/8 -inch steel pin; Thence North 15°07'20" West a distance of 122.50 feet to a 5/8 -inch steel pin; Thence 77.62 feet along the are of a non tangent curve to the right, said curve having a radius of 80.00 feet, a central angle of 55°35'25", a chord bearing of South 79054'50" West and a chord distance of 74.61 feet to a 5/8 -inch steel pin; Thence North 72'17'28" West a distance of 172.84 feet to a 5/8 -inch steel pin; Thence South 20°11'27" West a distance of 103.24 feet to a 5/8 -inch steel pin; Thence South 56°38'44" West a distance of 124.08 feet to a 5/8 -inch steel pin; Thence South 52°09'30" West a distance of 119.99 feet to a 5/8 -inch steel pin; Thence 41.31 feet along the arc of a circular curve to the left, said curve having a radius of 875.00 feet, a central angle of 02°42'17", a chord bearing of North 39'l 0'3 8" West, and a chord distance of 41.30 feet to a 5/8 -inch steel pin; Thence South 49°27'42" West a distance of 50.00 feet to a 5/8 -inch steel pin; Thence 31.97 feet along the arc of a non tangent curve to the right, said curve having a radius of 20.00 feet, a central angle of 91'34'54", a chord bearing of South 05°15'42" West and a chord distance of 28.67 feet to a 5/8 -inch steel pin; Thence South 36101'32" East a distance of 50.07 feet to a 5/8 -inch steel pin; Warranty Deed Page 4 of 5 Thence 33.10 feet along the arc of a non tangent curve to the right, said curve having a radius of 20.00 feet, a central angle of 94°49'57", a chord bearing of South 8103 1'52" East and a chord distance of 29.45 feet to a 5/8 -inch steel pin, Thence 279.37 feet following the arc of a compound curve to the right, said curve having a radius of 825.00 feet, a central angle of 19°24'07", a chord bearing of South 24°24'59" East and a chord distance of 278.04 feet to a 5/8 -inch steel pin; Thence 234.43 feet along the are of a reverse curve to the left, said curve having a radius of 300.00 feet, a central angle of 44°46'24", a chord bearing of South 37006'07" East and a chord distance of 228.51 feet to a 5/8 -inch steel pin; Thence South 27°03'51 " West a distance of 100.18 feet to a 5/8 -inch steel pin; Thence South 08°17'51" West a distance of 108.82 feet to a 5/8 -inch steel pin; Thence South 89°03'34" East a distance of 204.56 feet to a 5/8 -inch steel pin; Thence 47.74 feet along the arc of a circular curve to the left, said curve having a radius of 30.00 feet, a central angle of 91 °10'32", a chord bearing of North 45°21'10" East and a chord distance of 42.86 feet to a 5/8 -inch steel pin; Thence North 0014'06" West a distance of 93.31 feet to a 5/8 -inch steel pin; Thence 27.66 feet along the arc of a circular curve to the left, said curve having a radius of 20.00 feet, a central angle of 79°13'53", a chord bearing of North 39°51'03" West and a chord distance of 25.51 feet to a 5/8 -inch steel pin; Thence 172.88 feet along the are of a non tangent curve to the left, said curve having a radius of 508.91 feet, a central angle of 19°27'50", a chord bearing of South 89°11'55" East and a chord distance of 172.05 feet to a 5/8 -inch steel pin; Thence 21.93 feet along the arc of a reverse curve to the right, said curve having a radius of 398.28 feet, a central angle of 03°09'17", a chord bearing of North 8238'49" East and a chord distance of 21.93 feet to a 5/8 -inch steel pin on the easterly line of the Northwest One Quarter of said Section 23; Thence following the easterly line of said Northwest One Quarter, South 00°37'47" West a distance of 331.56 feet to the POINT OF BEGINNING, Warranty Deed Page 5 of 5 AFFIDAVIT Off+ LEGAL II�i'? ERIES STATE OF IDAHO ) COUNTY OF ADA ) I DBTV Southridge Farm, LLC (name) (address) (city) (state) being first duly sworn upon, oath, depose and say: That I am the record owner of the property described on the attached, and I grant my permission to: The Land Group, Inc. 462 E. Shore Dr., Eagle, ID 63616 (name) (address) to submit the accompanying application(s) pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. 3. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). �� �,c� Dated this /0 day of`12��420 (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. My Commission Expires: r2 33 E Broadway Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6678 • Website: www.meridiancity.org AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO COUNTY OF ADA I Corey Barton Homes, Inc. (name) (address) (city) (state) being first duly sworn upon, oath, depose and say: That I am the record owner of the property described on the attached, and I grant my permission to: The Land Group, Inc. 462 E. Shore Dr., Eagle, ID 83616 (name) (address) to submit the accompanying application(s) pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. 3. 1 hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this day of S e er 20I_ (Signature) SUBSCRIBED AND SWORN to before me the day and year first above wn Zg K nl " (Notary Public for Idaho) ° Residing at: My Commission Expires: -05 -1 "ewes*" 33 E Broadway Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6678 • Website: www.meridiancity.org m E � J }} w F a VZ gyp= 0 Z Z Q p A 'OHO m o = w 000Q0<Z:) eii a w . a � Ea W nn CONFERENCE REPORT Project: 5-,,f t Ri'196 DoteJTime: Jv47, 3, 14rY, Job Status: ITEMS DISCUSSED IdA 12ac,- no loyn , Irl' ohe4k ,Ovnikiiq, 12var4r PW - pet y/V . /26Wrics KaWe v—(. �tppr.�- tis sNpp��t�. 7'N�-2 erc.�or�cs, DA n- s�orrl;fir a�cu tr�rr I Document Type Date "XV Yr. < %' Ma. U) Day Employee or Agency tGe f zzl;. tr Protect Nurhber'! ri r ; t'?YZ . Return to Meeting Location: "&4d1kA?- Attending: T4, C%VotT, !/trSliay� `5o"Ya� Aures' iGLr�-2 tlGty �. ACTION REQUIRED 04. P13A a tJvsl hfwn. aWlstzcufs I'aw. Cc: SIGNED: Jr Landscape Architecture Site Planning - Civil Engineering - Golf Course Irrigation & Engineering • Graphic Design Surveying. 462 E. Shore Drive, Ste. 100 Eagle, Idaho 83616 P 208.939.4041 - P 208.939.4445 • www.thelandgroupinc.com e� THE LAND GROUP, INC. CONFERENCE REPORT Project: 5-,,f t Ri'196 DoteJTime: Jv47, 3, 14rY, Job Status: ITEMS DISCUSSED IdA 12ac,- no loyn , Irl' ohe4k ,Ovnikiiq, 12var4r PW - pet y/V . /26Wrics KaWe v—(. �tppr.�- tis sNpp��t�. 7'N�-2 erc.�or�cs, DA n- s�orrl;fir a�cu tr�rr I Document Type Date "XV Yr. < %' Ma. U) Day Employee or Agency tGe f zzl;. tr Protect Nurhber'! ri r ; t'?YZ . Return to Meeting Location: "&4d1kA?- Attending: T4, C%VotT, !/trSliay� `5o"Ya� Aures' iGLr�-2 tlGty �. ACTION REQUIRED 04. P13A a tJvsl hfwn. aWlstzcufs I'aw. Cc: SIGNED: Jr Landscape Architecture Site Planning - Civil Engineering - Golf Course Irrigation & Engineering • Graphic Design Surveying. 462 E. Shore Drive, Ste. 100 Eagle, Idaho 83616 P 208.939.4041 - P 208.939.4445 • www.thelandgroupinc.com CONFERENCE REPORT Project: (Ju�vrKd' Date/Time: Mus 7, '2,014 Job Status: 1 1. / vt. 417 ITEMS DISCUSSED fi'�twfwrcfcvfs 124-t-CtA - would ANA P' '' THE LAND. GROUP, INC. U Ck, -yr" 'Pe /'1 Da!o Vii' f Yr.O S Mo. o 7 Day E-ol� -ree cu Agency li�4vi�{r�cr D(fL'o�� Protect Number Return to Meeting Location: 114, adi Attending: Lil�[� DOv�70v7 el -1/q/ n✓cuc! fU ala f d% Y" T 3�" t�unr�sr c , VfiF z, OV7 �t�/r. �C'cst�lr.J�i�' /d. !o /,FZU(t.lifi-ed a/111_" Sot. of �tvfl��r�f /hufXcvr c�k r. Awi6wruvr cook f Ate, fy. l24ulfi-vs k"Y ccwt-tfr. '�Rso'h'Ir/,Wv4_i�. n6ed �v ad)vsf- 1v maf�lr r sut a • /.��cwPtyairt�r /� ver �`�. Cc: SIGNED: ACTION REQUIRED 5onyA W' uViA, L P60� P. d1 v G. ,,dVC44%, Landscape Architecture Site Planning Civil Engineering Golf Course Irrigation & Engineering • Graphic Design -Surveying 462 E. Shore Drive, Ste, 100 Eagle, Idaho 83016 - P208.939.4041 F208.939.4445 - www.thelandgrouoinc.com `0 /�►�� w THE LAND G&©Ug, INC. CONFERENCE REPORT 'y S Project: Meeting Location: DatefTime: Attending: Job Status: ITEMS DISCUSSED ACTION REQUIRED `15 Dui ma - OP { n pio 5w'kk v /04-, ,�uvk.�var�s lri� 60mmom G( vt5 — 6i7' 1 fi&5. Uh l(hf5t Govrvrcthbv� Oita. �tvlf-1' -ilsc �af� Cc: SIGNED: Ar Landscape Architecture Site Planning Civil Engineering - Golf Course Irrigation & Engineering - Graphic Design Surveying 462 E. Shore Drive, Ste. 100 Eagle, Idaho 83616 P 208939.4041 F ?08,939.4445 www.thelandgroupinc,com fY 71 jM S—. 116 Wi :z IN COMMITMENT OF PROPERTY POSTING Per Unified Development Code (UDC) 11 -5A -5D, the applicant for all applications requiring a public hearing (except for a UDC text amendment, a Comprehensive Plan text amendment and/or vacations) shall post the subject property not less than ten (10) days prior to the hearing. The applicant shall post a copy of the public hearing notice of the application(s) on the property under consideration. The applicant shall submit proof of property posting in the form of a notarized statement and a photograph of the posting to the City no later than seven (7) days prior to the public hearing attesting to where and when the sign(s) were posted. Unless such Certificate is received by the required date, the hearing will be continued. The sign(s) shall be removed no later than three (3) days after the end of the public hearing for which the sign(s) had been posted. I am aware of the above requirements and will comply with the posting requirements as stated in UDC 11-5A-5. signature /U- 3- /V Date Community Development . Planning Division . 33 E, Broadway Avenue, Ste. 102 Meridian,Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancib. n&planning C�E IDIAN.=- Community Development Parcel Verification Date: 9/10/14 Meridian City Hall, Suite 102 33 E. Broadway Avenue Meridian, Idaho 83642 208.887.2211 The parcel information below has been researched and verified as correct by the City of Meridian Community Development Department. Project Name: Southridge #2 PBA Parcel Numbers: 51223244510 51223131360 S1223131220 S1223142035 51223212404 S1223120934 T/R/S: 3N 1W 23 Address Verification Rev: 04/23/12 RE: Subdivision Name Reservation SOUTHRIDGE SUBDIVISION Dear Russ: At your request, I will reserve the name "SOUTHRIDGE SUBDIVISION" for your project. I can honor this reservation only as long as your project is in the approval process. Final approval can only take place when the final plat is recorded. Sincerely, David J. Couch, PLS Ada County Surveyor Check out the subdivision names list at M!p.//wwN.adaweb.net/devsery/survey/subnames._txt Please remove the action logo from your e-mails. It's very distracting when I cut and paste for the approval letter. From: Russ Hepworth[mailto:russ@thelandgroupinc.com] Sent: Thursday, March 02, 2006 4:10 PM To: David Couch Subject: Subdivision name Reservation Dave, This is a request to reserve the Subdivision Name "Southridge" or "South Ridge" for a proposed development of approximately 320 acres located between Linder and Ten Mile south of Overland Road. Subject property being the north 112 of section 23, Township 3 north, Range 1 West, B.M., Ada county. Thanks Dave. � E[ Southridge Subdivision __ ME ME 114 OF SECTION 23. TOWNSHIPS MDRTH,_,m— , -- South.Southridge Subdivislon Phases 3,l,&6 Preliminary Plat — m y �a m y JI flF IT e• I �� :It�t F �-- �m4`" a �I IIE i _;I :> S W EE _G - t. I I LI N0Eb NOAa - E 9 • „ I . Ou Preliminary PlatSauthridge Subdivision ��Sauthridge Subdivision Phases 2, 3, 4, 5 & 6 q,1 LOCNEEOIMINE ME 1140E SECaOM 23, TOWNSHIP 3 NORTH, NXGFI Mr. 0015E Preliminary Plat _ E MERIOIAM, AOA COUNTY, IDAHO 9 y v N N_ rp 3 • �p .ter. 'u ••� y'+°e)` FxpSEa \ au E xr . 1,SUNmXPEU , +/ , UdpY Is S Fatminpbn pre ty _, Preliminary Plat "" Southridge 3, 4, 5ision SouthridgeSNSHIP 3 NORTH, Phases 2, 3,4„58fi pp �hI WCpIEU IN HE I/p eF SECFIOXYR,IaWXSPIP 3 MeflrN, RANGE WFSi, pelSF preliminary Plat ++ [' MFRIRIpM, ppp CRUXIY,IMNO Pi Preliminary Plat Southridge Subdivision a q, IIIA I'g C� Southridge Subdivision Phases 2, 3, 4, ,5 S 6 9 I! ¢ LOCRIEU IN ME XF i/E OF SECTION ]S,A COUNTY, IXWIN, URGE WFSI, BOISE _ yt Xy MFXIXIRM, pep COUNTY, IOpNO Preliminary Plat f 2 9 d 9 N m 3 o 'u u v e.d. ae 0, V` se° ♦S \'\ \ -/�, SAA I 7I '� d I¢I s cNI, Ap I;: v • „ i• $ PreliminaryPlat 9 i"-pa,_ �yL 4m Santhridge Subdivision <„ o I�L� (� Santhritlge Subdivision Phases 2, 3, 4„5 & 6 L� P° ILL 5 LOCATED IN WE RE 114 OFSECTION23,TOWNSHIP3WORTH,RANGE1WEST,BOISE Preliminary Plat - i MERIDIAN, AOACOUNTY, IWHO =__ _ --___— nni .w� oxvai'uxnoa rar'xnaitl3w 5 s P" ------ ue!d adeaspuel leld AeuIwpa3d 3fI0tl'L43M 130MN'NItlOX CdINLMMOI'LZ MOIl933300I13N3H1N1031Y901 d Ffi =J e 9 S VO VZ saseyd ma+�a €' ua1sIMP9uS aBP1+4lnuS ! a,' uo!slNPgng 96P1j4ln°f ue!d edeaspuel S ih� IifPfJ a - F 1 _a € i S S s i e 5 3i ggWig is c§ Flory a Esajs rn O ` _ € e s d ➢ ad eFefSe + $ ¢ [ ¢E e,. � -• �-� ¢�, .r ,. �° � e' � g. ¢ � � " e � i 9 i€d§33�§13 � i� g i 23[ ip€ `6 44 cc�GGG 3a 6 a d g eISI _ is 411 it RPE Rill I I ss€dv E 3$3 a xed ax y d �e. lfa°z€a-3. +1 pi K �L€ 14 ; d d$a €d § .d + 8l P s 3 IN z&S • € d e zF i sa i€ 4 +p1 € I .dO .- df f x€ °-i d i - ii Pd Sd 5d P do s Eld#°P3 §@p 3df s aceF 56a t $ E $a s +P i .a L� `6"a�B 4 g 3 P ¢ss p 4x 7sE°7 fa € pa P e a ag z$E H c% d Sfa 4 a€gY §€ F %cl f€§§ I§gsF P i z[=e��e =§ B 9z3@d € IM j P sa i€i�z °gPd"a' e 3 - �E':sg,xi a ° al+aP v €cE.z€;g$£=€ 3Ela=?° i§§ EE i ,x € �iee :ani i:gl;i� : to La �v a,�•, , sf , 11M, fL l d E § s . z L' E -e Pg� [&e x ¢a.. §x: i64a.i:.eSPe`'€€11 aP fPE3 i$a €®#a33 € d.. 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"—"" ••n nn,wzal OHWII'A15000 tl0Y�NVIC103W 5g ..e^... ... IE'" _ = Mid adeaspue7 IBM AleulwllBJd 3SIOB983M L30SW1HIMEdIHSCM01'CZ X01103530 WN53H1[10310001 B 31� sasegduolslnlpgng aBpllganog 1" ��I ili as �` uoislnlpgng aBpliglnog ueld adeaspue7 :;El1 r _ 71 ti ! ( ' ✓ > 1— 11 IL S 35"d ♦I H � rl ♦♦♦ Hearing Date: November 20, 2014 File No.: RZ-14-007 Project Name: Southridge Subdivision Request: Request for a rezone of 3.05 acres to TN -R; 1.67 acres to R-4; and 0.83 of an acre to R-8, by DBTV Southridge Farm, LLC. Location: The site is located south of W. Overland Road between S. Linder Road and S. Ten Mile Road, in Section 23, Township 3N., Range 1 W. File No.: PP -14-017 Request: Request for a preliminary plat consisting of 193 single-family residential building lots and 19 common/other lots on 48.56 acres of land in the R-4, R-8 and TN -R zoning districts, by DBTV Southridge Farm, LLC.