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Property Boundary AdjustmentEIDIAN*--�- IDAHO / September 25, 2014 DBTV Southridge Farm, LLC 209 W. Main Street Boise, ID 83702 RE: Southridge Property Boundary Adjustment (PBA -14-012) To Whom It May Concern: Mayor Tammy de Weerd City Council Members: Keith Bird Joe Borton Luke Cavener Genesis Milam Charlie Rountree David Zaremba This letter is to confirm that the Director tentatively approved your property boundary adjustment application for the subject property. In accord with UDC 11 -6B -8C.2, the applicant or owner shall have one year to complete the following tasks: a. Cause the property to be surveyed and a record of survey recorded; b. Execute and record the necessary deeds to accomplish the property boundary adjustments as approved; c. Obtain new tax parcel numbers from the Ada County Assessor; and d. Provide a copy of the recorded record of survey, recorded deeds, and the new tax parcel numbers to the Director. Upon determination by the Director that the fmal property boundary adjustment is in conformance with UDC 11- 6B-8, a letter of approval will be issued. If you should have any further questions regarding this matter, please don't hesitate to contact Sonya Watters at (208)884-5533. Thank you for contributing to the success of Meridian. Please help us serve you better in the future. Visit our web -site at www.meridiancity.org/Plannin J to fill out a comment card and give us feedback on how we are doing. S' Gere y, s Caleb ood, AICP Planning Division Manager CH: sw Community Development Department - Planning Division • 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-884-5533 Fax 208-888-6854 www. meridian city. org September 19, 2014 TRANSMITTAL TO: Bruce Freckleton, Development Services Manager FROM: Sonya Watters, Associate City Planner RE: Southridge Sub. No. 2 (PBA -14-012) Enclosed are the following: COPIES DESCRIPTION 1 PBA Application These are transmitted: ❑ For your ❑ For action ❑ For review ❑ For your use ❑ As requested information specified below and comment Remarks: Please return to me when approved. Community Development Department . 33 E. Broadway Avenue, Suite 102, Meridian, ID 83642 Phone 208-884-5533 . Fax 208-888-6854 . www.meridiancity.org WAV, Or THE LAND GROUP, INC. www.thelandgroupinc.com Eagle 462 E Shore or, Suite 100 Eagle, Idaho 83616 P 208.939.4041 F 208.939.4445 TRANSMITTAL V1305 Transmitted Via: ® Courier ❑ Fed Ex ❑ US Mail ❑ UPS ❑ Pick Up ❑ Fax To: Sonya Watters From: Denise Lauerman Company: Meridian Planning Division Date: 09-11-2014 Address: 33 E. Broadway Ave., Suite 102 Project: Southridge Subdivision No. 2 1 Meridian, Idaho 83642 I Property Boundary Adjustment Phone #: 208.884.5533 Project #: 114042 Fax #: Faxed Pages: Copies Date Pages Description 1 09-11-2014 2 Record of Survey 1 I 09-11-2014 1 I Fee $365.00 1 I 09-11-2014 I I Disk 1 I 09-11-2014 I L I Property Boundary Adjustment application package If enclosures are not as noted, kindly notify us immediately. Notes: Hi Sonya, Enclosed are the above referenced items for the Southridge Subdivision No. 2 ROS - Property Boundary Adjustment. If you need anything else or have any questions please let us know. Thanks! Denise Received By: Date: Ar Site Planning • Landscape Architecture • Civil Engineering • Golf Course Irrigation & Engineering • Graphic Design • Surveying Planning Division PROPERTY BOUNDARY ADJUSTMENT Annlication Checklist EGEIV SEP 1 1 2014 Proiect name: Southridge Subdivision No. 2 °n foie I ADDlicant/agent: DBTV Southridge Farm, LLC / The Land Group, Inc. All applications are required to contain one copy of the following unless otherwise noted: Applicant Description Staff Completed and signed Development Review Application Narrative fully describing the requested property boundary adjustment Legal description (metes and bounds) of the new property boundaries and closure sheet Nf Recorded warranty deed for the subject property Affidavit of Legal Interest signed and notarized by the property owner (If owner is a corporation, submit a copy of the Articles of Incorporation or other evidence to show that the person signing is an authorized agent) Scaled vicinity map showing the location of the subject property N/A Existing recorded plat in which the subject property lies8'/2" x 11" if applicable) Existing Record of Surveys used and/or referenced 8 ''/2" x 11" Record of Survey 18" x 24" paper co Electronic version of the Record of Survey in pdf format submitted on a disk with the files named with project name and plan type. Written confirmation of parcel verification from Community Development. Please email the project name, parcels number(s), and a vicinity map toAW —r commmnit •develo ment6numeridiancitv.orjz to obtain confirmation Fee For new ublic utility construction water, sewer, reclaimed water applicantsare reqaired to submit: N/A 2 Sets of conceptual engineering lans, including pipe sizes and profiles (1) Disk with electronic version of the conceptual engineering plans in a format that N/A complies with the specifications for project Drawings found at: tner-idiancitv.orr~/public works/autocad standards/index.asp Property boundary adjustments are allowed for the adjustment of property lines between existing properties, and to allow for the reduction in the number of buildable lots. A property boundary adjustment does not vacate the platted lot lines or easements ofa recorded subdivision (UDC I1 -6B-8). APPLICATION WILL NOT BE ACCEPTED UNLESS ALL ITEMS ON THE CHECKLIST ARE SUBMITTED. Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancitv.or�planniii (05/2112014) M U U rme STAFF USE ONLY: Planning Division DEVELOPMENT REVIEW APPLICATION PEI%' Siwe 1 1 2 Q1 4 File number(s):e a k , � ' 01 ` , _. Assigned Planner•. 12elated files: Type of Review Requested (check all that apply) ❑ Accessory Use ❑ Planned Unit Development ❑ Administrative Design Review ❑ Preliminary Plat ❑ Alternative Compliance ❑ Private Street ❑ Annexation and Zoning El Property Boundary Adjustment ❑ Certificate of Zoning Compliance ❑ Rezone ❑ Comprehensive Plan Map Amendment ❑ Short Plat ❑ Comprehensive Plan Text Amendment ❑ Time Extension: ❑ Conditional Use Permit Director/ Commission/Council (circle one) ❑ Conditional Use Modification ❑ UDC Text Amendment Director/Commission (circle one) ❑ Vacation: ❑ Development Agreement Modification Director/ Council (circle one) ❑ Final Plat ❑ Variance ❑ Final Plat Modification ❑ Other Applicant Information Applicant name: DBTV Southridge Farm, LLC Phone: Applicant address: 209 W. Main St. Email: City: Boise State: ID Zip: 83702 Applicant's interest in property: 0 Own ❑ Rent ❑ Optioned ❑ Other Owner name. DBTV Southridge Farm, LLC/Corey Barton Homes, Inc. Phone: Owner address: 209 W. Main St./1977 E. Overland Rd. Email: City: Boise/Meridian State: ID Zip: 83702/83642 Agent/Contact name (e.g., architect, engineer, developer, representative): Jason Densmer Firm name: The Land Group, Inc. Phone: 208.939.4041 Owner address: 462 E. Shore Dr., Ste. 100 Email: Jason@thelandgroupinc.com City: Eagle State: ID Zip: 83616 Primary contact is: ❑ Applicant ❑ Owner El Agent/Contact Subject Property Information Location/street address: South of Overland between Linder & Ten Mile Township, range, section: 3N 1 W 23 Assessor's parcel number(s1. S1223244510, S1223131360, Total acreage: 172.87 Zoning district: Res --'S 1223131220; S 1223142035, S 1223212404, ',S 1223120934 Community Developrn%it ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 N+N1N+.meridiancitv.org/planning - I _ (Rev. 06/1212014) Project/subdivision name: Southridge Subdivision No. 2 General description of proposed project/request: N/A Proposed zoning district(s): N/A Acres of each zone proposed: N/A Type of use proposed (check all that apply): El Residential ❑ Office ❑ Commercial ❑ Employment ❑ Industrial ❑ Other Who will own & maintain the pressurized irrigation system in this development? HOA 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): N/A Residential Project Summary (if applicable) N/A Number of residential units: Number of building lots: Number of common lots: Number of other lots: Proposed number of dwelling units (for multi -family developments only): 1 bedroom: 2-3 bedrooms: 4 or more bedrooms: Minimum square footage of structure (excl. garage): Maximum building height: _ Minimum property size (s.f): Average property size (s.f.): Gross density (Per UDC 11-1 A-1): Net density (Per UDC 11-1 A-1): Acreage of qualified open space: 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) N/A 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: Jason Densmer ,e. Applicant signature: Existing (if applicable): Building height: Number of compact spaces provided: Date: 09/11/2014 Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 wNtiw.tnet-idiancitv.or�3,"planning -2- (Rev. 06112/2014) THE LAND GROUP, INC. September 11, 2014 Meridian City Planning Division 33 E. Broadway, Suite 102 Meridian, ID 83642 Re: Application for Southridge Subdivision No. 2 concerning Record of Survey — Property Boundary Adjustment Dear Planning Division: We are pleased to submit the enclosed application for Record of Survey — Property Boundary Adjustment for Southridge Subdivision No. 2 in the N % of Section 23 and the NW % of the SE % of Section 23 of Township 3N, Range 1W. All the parcels; 51223212404, 51223120934, S1223244510, S1223131360, S1223131220 and S1223142035, are located within Meridian City jurisdiction. The proposed Property Boundary Adjustment will: 1. Align ownership with the pending preliminary plat application in Parcel A, as requested during the pre -application meeting. 2. Provide parcels for the multi -family portion of the site configured around anticipated phasing of that development. 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 denise@thelandgroupinc.com. Sincerely, Denise C. Lauerman 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 September 9, 2014 Project No. 114042 Southridge PBA " , escription 49.90 Acres T1111 LAND GROVI', I\C' Exhibit "A" Page 1 of 4 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 89°02'56" 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 89'02'56" 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 43°04'24", a chord bearing of North 81°31'39" West, and a chord distance of 88.10 feet; 4. South 76°56'09" 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 76°29'30" West, and a chord distance of 88.07 feet; 8. South 81058'45" 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 61°17'12", a chord bearing of South 51"20'09" West, and a chord distance of 152.91 feet; f :-,14-;':> www.thelandgroupinc.com '�►�► A"�+�`�� Page 2 of 4 Oro HL LAND GROIA" INC. 10. South 20°41'33" West a distance of 218.36 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 55024'04" West a distance of 417.50 feet; 4. North 70°12'07" West a distance of 47.38 feet; 5. 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 49'24'12", a chord bearing of North 07'24'13" East, and a chord distance of 125.37 feet; 3. North 17017'53" 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; 5. North 36027'55" East a 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 74020'42", 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 52007'13" East a distance of 35.00 feet; Thence North 37052'47" 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 00038'58" 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 61028'03" East, and a chord distance of 93.99 feet; f 4' www.thelandgroupinc.com .� Page 3 of 4 IOW '1111, LAND GROIA', fNC 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 32'54'01", a chord bearing of South 54°51'32" 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 08'25'50" 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 63°25'04" 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 61°13'36" 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 81'15'53" 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; U s`:: E www.thelandgroupinc.com 1`404" �. cx +► �.°; Page 4 of 4 ri OFAT TIf1: 1,A\D GR0i ['. INC. 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. North 00025'32" East a distance of 48.98 feet; 21. South 89034'27" 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 00'41'26" 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 ��A �NS��`SG� i1,�-. t. 14216 j; qTE OF Vf'�'jrt Y, WWW.theldtlC�groUDInC.001'Tl 250.00 Title: Date: 09-05-2014 Scale: 1 inch = 300 feet File: Data and Deed Call Listing of File: Tract 1: 49.904 Acres: 2173835 Sq Feet: Closure = s38.2045e 0.02 Feet: Precision =1/338889: Perimeter = 8338 Feet 00 1 =n89.0256w 255.36 002: Lt, R=6100 De! Delta=27.2835 Bng,46.1510w, Chd=284.98 003=n59.5927w 73.72 4LtR.=12900De=ta=43.0424 B .8113Chd810 005=s76.5609w 93.79 006: Rt, R=100.00 Delm=48.0606 Bng=n79.0048w, (hdV%.51 007=n54.5745w 108.31 008: L' R=120.00 Delta=43.0330 Bng,76.2930w, Chd=88.07 009=s81.5845w 380.01 010: Lt 1R2w0�.1712 Bng=5hd=152.91 011=s20.4133w 218.36 0 1 2=n89.0256w 32.62 0 1 3=s33.0824w 127.52 0 1 4=s55.2404w 417.50 015=00.1207w 47.38 0 1 6=n25.1044e 367.74 0 1 7=n89.0256w 34.06 0 1 8=n32.0619e 21.67 019: Lt R=150.OQ Delta 49.2412 Bn A07.2413e, Chd=125.37 020=n17.1753w 110.54 021: Rtt, R=150.00, Delta -53.4548 Bng=n4.3501e, Chd=135.64 022=n36.2755e 34.82 023: Lt, R=300.00 Delta=74.2042 Bng,00.4226w, Chd=362.53 024=n37.5247w 332.24 025=n52.0357e 184.78 026=n52.0713e 35.00 027=n37.5247w 61.97 028: Rt R=225.00 Delta=38.3146 Bng�18.3655w, Chd=148.47 029=100.3858e 394.08 030=s89.2956e 50.00 03 1 =s89.1929e 250.00 032=s00.3849w 137.22 033: Rt, R=325.00, Delta=10.1024 Bn =s57.1704e 0'4t' %291.75, Delta=18.3222 Bng s61 803e, Chd=93.99 035=s71.1833e 261.09 036=sl8.4127w 50.00 037: Rt, R=20.00, Delta=90.0000 Bng=s26.1833e, Chd=28.28 038=s71.1833e 50.00 039: Rt R 120 , Delta 90.0000 Bng n63.4127e, Chd=28.28 040=s71.1833e 16.94 041: Rt, R=275.00 Delta=32.5401 Bng=s54.5132e, Chd=155.75 042: Lt, R=765.00 Delta=12.2332 Bng--s44.3618e, C7hd=165.14 043: Rt, R=20.00, Delta --84-4429 Bng=s08.2550e, Chd=26.96 044=s52.3058e 50.10 045: Rt, R=20.00, Delta -88.4056 Bng=m78.1653e, Chd=27.96 046: LR=765.00 Delta=12.0450 Bng= 3.2504e, Crhd=161.00 047: Rt R=20.00, Delt"9.5302 Bng=s34.3059e, Chd=22.91 048=s61.1336e 56.81 049: Rt, R=20.00, Delta-] 03.1516 Bng�52.0310e, Chd=31.36 050: Lt, R-765.00, Delta�9.5322 Bng--s81.1553e, Chd=131.88 05 1 =s86.1234e 29.96 052: Lt, R=325.00, Delta=02.4123 Bng=s87.3316e, Chd=15.26 053: Rt, R=20.00, Delta -89.1929 Bng=s44.1413e, Chd=28.12 054=s89.3428e 50.00 055=n00.2532e 48.98 056=s89.3427e 333.99 057=s89.1832e 101.48 058=s00.4126w 997.52 September 9, 2014 Project No. 114042 Southridge PBA iliiescription 82.66 Acres '111(, l.:iND GC2OI P, ING Exhibit "A" Page 1 of 4 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 easterly line of said Section 23, South 00°41'26" West a distance of 2,650.67 feet to the East One Quarter Corner of said Section 23; Thence leaving said easterly line and following the southerly line of the Northeast Once Quarter of said Section 23, North 89002'56" West a distance of 1,946.54 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, said point being the POINT OF BEGINNING. Thence following said southerly line and said northerly line, North 89"02'56" West a distance of 712.19 feet to the Center One Quarter Corner of said Section 23; Thence leaving said southerly and northerly lines and following the southerly line of the Northwest One Quarter of said Section 23 and the northerly lines of Val Vista Subdivision, according to the official plat thereof, filed in Book 59 of Plats at Page 5,668, Records of Ada County, Idaho, and Val Vista Subdivision No. 2, according to the official plat thereof, filed in Book 59 of Plats at Page 5,812, Records of Ada County, Idaho, North 89°04'17" West a distance of 1,832.25 feet; Thence leaving said southerly and northerly lines, North 22°09'32" West a distance of 520.19 feet; Thence North 25°08'21" East a distance of 30.00 feet; Thence 111.19 feet along the arc of a circular curve to the right, said curve having a radius of 50.00 feet, a central angle 127°24'36", a chord bearing of South 82°26'42" East, and a chord distance of 89.65 feet; Thence 30.77 feet along the arc of a circular 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; Thence South 89'16'08" East a distance of 58.64 feet; Thence 25.41 feet along the arc of a circular curve to the left, said curve having a radius 20.43 feet, a central angle 71'15'53", a chord bearing of North 54°13'05" East, and a chord distance of 23.80 feet; ,�, �3rrr .�,,, �d � s..Fr a.;. , .., : °;.. t�: °�; � _. ��t L37 t rsr e r�r�; � r,t�t,f'C.i, ,, i. ;-_ .. � ,, ,� � rrr� � � t a .,. , -�<rr� < <<;r�;r- • 5?Erv�y�il;rr P <x3,f. .. 9 , ';4.5 www.thelandgroupinc.com !W&N ItVIM. W Page 2 of 4 :i 0114 FAH T AND GROt 11. [N(:. Thence 184.71 feet along the arc of a circular 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 41015'50" East, and a chord distance of 179.93 feet; Thence, North 47°39'35" West a distance of 157.73 feet to a point on the southerly right-of- way line of West Overland Road; Thence following said southerly right-of-way along the following 6 courses: 1. 420.42 feet along the arc of a circular curve to the left, said curve having a radius of 1050.50 feet, a central angle of 22°55'49", a chord bearing of North 58°57'49" East, and a chord distance of 417.62 feet; 2. 288.12 feet along the arc of a circular curve to the left, said curve having a radius 1047.00 feet, a central angle 15'46'02", a chord bearing of North 38'26'04" East, and a chord distance of 287.21 feet; 3. 393.88 feet along the arc of a circular curve to the left, said curve having a radius of 1044.50 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; 4. North 10'08'10" East a distance of 231.17 feet; 5. South 75°06'37" East a distance of 6.36 feet; 6. North 14°53'23" East a distance of 79.42 feet to a point on the centerline of the Ridenbaugh Canal; Thence leaving said southerly right-of-way line and following said centerline along the following 3 courses: 1. North 69°37'00" East a distance of 34.90 feet; 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; 3. South 61'29'03" East a distance of 150.70 feet; Thence leaving said centerline, North 00'48'16" East a distance of 90.36 feet to a point on the northerly easement line of the said Ridenbaugh Canal; Thence following said northerly easement line along the following 8 courses: 1. South 61°29'03" East a distance of 118.75 feet; 2. 14.24 feet along the arc of a circular curve left, said curve having a radius of 320.00 feet, a central angle of 02'32'56", a chord bearing of South 62'45'31" East, and a chord distance of 14.23 feet; 3. South 64°01'59" East a distance of 330.62 feet; 4. 46.42 feet along the arc of a circular curve 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; 5. South 72'20'41" East a distance of 150.79 feet; 6. 276.34 feet along the arc of a circular curve to the right, said curve having a radius 230.83 feet, a central angle of 68`35'29", a chord bears South 37°54'29" East, and a chord distance of 260.13 feet; 7. South 86°31'43" west a distance of 10.00 feet; 8. South 03°28'17" East a distance of 188.54 feet; U G) E ``�fi;s.. ti,�F:,. `�.. =stl;- WWW.Lh2ldndgrOUpinC.c0111 � /y+..*� Page 3 of 4 ri 01 " 'I Fits I'AN1) c; tOUR ING Thence leaving said northerly easement line, South 56°31'59" East a distance of 235.42 feet to a point on the said centerline of the Ridenbaugh Canal; Thence following said centerline along the following 8 courses: 1. 182.13 feet along the arc of a circular curve to the right, said curve having a radius of 130.00 feet, a central angle of 80°16'16", a chord bearing of South 78'00'55" East a distance of 167.60 feet; 2. South 37°52'47" East a distance of 369.31 feet; 3. 389.27 feet along the arc of a circular curve to the right, said curve having a radius of 300.00 feet, a central angle of 74°20'42", a chord bearing of South 00'42'26" East a distance of 362.53 feet; 4. South 36'27'55" West a distance of 34.82 feet; 5. 140.75 feet along the arc of a circular curve to the left, said curve having a radius of 150.00 feet, a central angle of 53°45'48", a chord bears South 09035'01" West a distance of 135.64 feet; 6. South 17°17'53" East a distance of 110.54 feet; 7. 129.34 feet along the arc of a circular curve to the right, said curve having a radius of 150.00 feet, a central angle 49°24'12", a chord bears South 07°24'13" West a distance of 125.37 feet; 8. South 32°06'19" West a distance of 21.67 feet to the POINT OF BEGINNING. Excepting Therefrom: 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 easterly line of said Section 23, South 00°41'26" west a distance of 2,650.67 feet to the East One Quarter Corner of said Section 23; Thence leaving said easterly line and following the southerly line of the Northeast One Quarter of said Section 23, North 89°02'56" West a distance of 2,658.73 feet to the Center One Quarter Corner of said Section 23; Thence leaving said southerly line and following the westerly line of the said Northeast One Quarter of Section 23, North 00°37'29" East a distance of 2,637.73 feet; Thence leaving said westerly line, South 89'22'12" East a distance of 515.14 feet to the POINT OF BEGINNING. Thence North 63`36'24" East a distance of 159.86 feet; Thence South 37'52'47" East a distance of 53.06 feet; Thence 123.81 feet along the arc of a circular curve to the right, said curve having a radius of 240.00 feet, a central angle 29`33'25", a chord bearing of South 23°06'05" East, and a chord distance of 122.44 feet; Thence South 67'11'20" West a distance of 158.98 feet; 1 x?E`,.' .` .,_tE3.444` at WWW.tileldndgrOUglnc.COnl �. NN OFALVIM�'%w Page 4 of 4 OfAT ;!� Tt i I I LA N 1.) G R01: V, f\'(:, Thence North 27*47'39" West a distance of 147.67 feet; Thence North 30*13'10" West a distance of 16.72 feet to the POINT OF BEGINNING. The above-described tract of land contains 82.66 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 o�yL" EAGLE, IDAHO 83616 14216 � 1�kw 01.01- 0'. Av bO .".f w "n 400no & I 62 Y5 ve, www.thelandgroui)inc.com Title: Scale: 1 inch = 400 feet I File: 712.19 Date: 09-08-2014 Tract 1: 83.306 Acres: 3628827 Sq Feet: Closure = n19.1730w 0.01 Feet: Precision =1/811586: Perimeter = 8427 Feet 001=n89.0256w 712.19 002=n89.0417w 1832.25 003=n22.0932w 520.19 004=n25.0821 e 30.00 005: Rt, R=50.00, Delta=127.2436 Bn =s82.2642e, Chd=89.65 OO6 ' %25.00, Delta=70.3144 Bng=s54.0016e, Chd=28.87 007=s89.1608e 58.64 008: Lt, R=20.43, Delta -71.1553 Bng=n54.1305e, Chd=23.80 0: Rt, R=233.34, Delta=45.2122 2Bg,41.1550e, Chd=179.93 010=n47.3935w 157.73 011: Lt, R=1050.50, Delta -22.5549 BnR=n58.5749e, Chd=417.62 017: Lt, R=1047.00, Delta -15.4602 Bng-38.2604e, Chd=287.21 013: Lt, R=1044.50, Delta --21.3621 014=n 10.0810e 231.17 0 1 5=s75.0637e 6.36 016=n]4.5323e 79.42 0 1 7=n69.3700e 34.90 018: Rt, R=375.00 Delta=48.5357 Bng=s85.5602e, Cltd=310.42 019=s61.2903e 150.70 020=n00.4816e 90.36 021=s61.2903e 118.75 022: Lt, R=320.00, Delta=02.3256 Bng=s62.453le, Chd=14.23 023=s64.0159e 330.62 024: Lt, R=320.00, Delta=08.1842 Bng=s68.1120e, Chd=46.38 025=s72.2041 e 150.79 026: Rt, R-230.83 Delta=68.3529 Bng=s37.5429e, ad=260.13 027=s86.3143w 10.00 028=s03.2817e 188.54 029=s56.3159e 235.42 030: Rt, % 30 .00, Delta=80.1616 Bng=s 8.0055e, Chd=167.60 03 1 =s37.5247e 369.31 032: Rt R=300.00 "a;74 2042 Bng s00.4226e, Chd=362.53 033=s36.2755w 34.82 034: Lt, R=150.00 Delta=53.4548 Bng=s09.3501w, Chd=135.64 035=sl7.1753e 110.54 036: Rt, R=150.00 Delta=49.2412 Bng=s07.2413w, Chd=125.37 037=s32.0619w 21.67 Title: Scale: 1 inch = 30 feet I File: Date: 09-08-2014 Tract 1: 0.651 Acres: 28365 Sy Feet: Closure = s25.5737e 0.01 Feet: Precision =1/95128: Perimeter = 660 Feet 001=n63.3624e 159.86 002=s37.5247e 53.06 003: Rt, R=240.00, Delta=29.3325 004=s67.1120w 158.98 005=n27.4739w 147.67 006=00.1310w 16.72 September 9, 2014 Project No. 114042 Southridge @Wlkffescription 9.18 Acres tilt L%"D c;tzt>t t. IN.'c' 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°3849" West a distance of 888.62 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 to the POINT OF BEGINNING. Thence South 00°38'58" 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 18°36'55" East, and a chord distance of 148.47 feet; Thence South 37°52'47" 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 of a 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 86°31'43" 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; P id(iT7 *Surkt 2f 404, www.thelandgroupinc.com Page 2 of 2 Ir T111, LAND G F M A'. IML 6. L- 6. North 64°01'59" West a distance of 330.62 feet; Thence leaving said northerly easement line, North 74°41'25" East a distance of 71.65 feet; Thence South 65' 06'39" East for a distance of 154.84 feet; Thence North 25' 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 89' 00'33" East for a distance of 138.96 feet; Thence North 06' 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 00° 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 89° 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 89° 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. EAGLESSUITE 100 IDAHO 83616 a� 14216 }W, s� �o qp� OF �pP r 1 IAP-, + www.thelandarouoinc.com IS 4 s6S 0 84 146 0 135.22 145.64 �330��914, 3gS22°74'76 e 138.96 n89°48'57"e ti 238.22n89°48'57"e 589°00'33"es89°00'33"e e, n72-20, ISO 7g k 235\ R 3 0 � N 00 N M p O � O m N Title: Date: 09-08-2014 Scale: 1 inch = 150 feet File: 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 0ll: L[, R=230.83 D=260.1.3529 Bng-�37.5429w, �hd=260.13 021=n89.4857e 135.22 B psis 55e,,CChdl4g483146 012=n72.2041w 150.79 022=s00.0903e 37.30 003=s37.5247e 61.97 B;,�n68112°0w,C00, a -=46.3381&t2 023=s89.0033e 238.22 004=s52.0713w 35.00 014=n64.0159w 330.62 024=n00.1153w 34.18 005=s52.0357w 184.78 015=n74.4125e 71.65 025=n89.4857e 145.64 006=n37.5247w 37.07 016=s65.0639e 154.84 026=s00.3127w 37.16 Bng�780055 ,chaff 6860616 0 1 7=n25.3605e 39.00 027=s89.0033e 93.93 008=n56.3159w 235.42 018=s72.1416e 146.03 009=n03.2817w 188.54 019=s89.0033e 138.96 010=n86.3143e 10.00 020=n06.1722e 34.67 September 9, 2014 Project No. 114042 Southridge PBA �..,,.. . Description 14.40 Acres -Ilii. 1,AN1) G110t P_ I\t;. 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 596.40 feet to the POINT OF BEGINNING. Thence South 00°38'49" 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 89°00'33" West a distance of 93.93 feet; Thence North 00°31'27" East a distance of 37.16 feet; Thence South 89048'57" West a distance of 145.64 feet; Thence South 00°11'53" 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 89048'57" West a distance of 135.22 feet; Thence South 06°17'22" West a distance of 34.67 feet; Thence North 89000'33" West a distance of 138.96 feet; Thence North 72°14'16" 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 62'43'31" 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 00°48'16" 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; n'q ,tGt't o trr Fj t73L< [ I SI ' <%�:.� www.thelandgroupinc.com �► /�'•-"; Page 2 of 2 W r I i I I TAN1) GROU 1'. F,G 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 09° 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 42036'49" West a distance of 104.81 feet; Thence South 45044'12" East a distance of 112.13 feet; Thence South 30°16'25" East a distance of 178.79 feet; Thence South 44°07'23" East a distance of 77.93 feet; Thence North 43°00'54" East a distance of 88.40 feet; Thence South 75021'54" East a distance of 90.15 feet; Thence North 89°58'12" East a distance of 194.47 feet; Thence South 00'34'39" West a distance of 114.45 feet; Thence South 89°21'11" East a distance of 127.19 feet; Thence North 40°29'46" 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 89'21'11" East a distance of 65.42 feet; Thence North 00'38'49" East a distance of 45.89 feet; Thence South 89°21'48" 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. AL LA1Vjjd' �g NSE G� G Prepared By: THE LAND GROUP, INC. a 14216, 462 E. SHORE DRIVE, SUITE 100 EAGLE, IDAHO 83616 s o �IqT� OF 0 �• [• 2oly Ar ;`;._ . :p� '; • www.thelandgroupinc.com Title: Scale: 1 inch = 250 feet I File: Date: 09-08-2014 Tract 1: 14.398 Acres: 627184 Sq Feet: Closure = s54.4501e 0.02 Feet: Precision =1/233364: Perimeter = 5103 Feet 001=s00.3849w 292.23 002=n89.2956w 50.00 003=100.3858e 8.21 004=n89.0033w 93.93 005=100.3127e 37.16 006=s89.4857w 145.64 007=s00.I 153e 34.18 008=n89.0033w 238.22 009=n00.0903w 37.30 010=s89.4857w 135.22 011=s06.1722w 34.67 012=n89.0033w 138.96 013=n72.1416w 146.03 0 1 4=s25.3605w 39.00 015=n65.0639w 154.84 0 1 6=s74.4125w 71.65 017: Rt R=320.00 Delta 02.3256 Bttg=n62.4331w, �hd=14.23 018=n61.2903w 118.75 019=s00.4816w 90.36 020=n61.2903w 150.70 021: Lt R=375.00 Del a=48.5357 Bng�85.5602w, thd=310.42 022=s69.3700w 34.90 023=n I 4.5323e 44.83 024=n75.0637w 7.36 025: Rt, R-952.25 Delta=09.0208 Bn - 2.501 le, C�hd=150.02 02 : Rt, R�49.50 Del.=43.3735 Bng=n47.5020e, C%d=705.63 027=s37.01 I 1 e 122.32 028=s42.3649w 104.81 029=s45.4412e 112.13 030=00.1625e 178.79 03 1 =s44.0723e 77.93 032=n43.0054e 88.40 033=s75.2154e 90.15 034=n89.5812e 194.47 035=s00.3439w 114.45 036=s89.21I Ie 127.19 037=n40.2946e 65.42 038=s89.4745e 92.40 039=s35.4949e 63.35 040=s89.21 I I e 65.42 041=n00.3849e 45.89 042=s89.2148e 248.07 TIIt, LAND GROUP, INC. 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 89'19'29" 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 52°07'13" West a distance of 118.95 feet; Thence South 35'23'08" West a distance of 26.28 feet; Thence South 52'07'13" 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 OrAT AW T1 11, 1, A N 1) (; R () U t'. I \ C. 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 Ael, C 14216 )@0 ATE OF ct - www.thelandgroupinc.com 3� Title I Scale: 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 =1/133752: Perimeter = 1609 Feet 001=s89.1929e 250.00 006 Rt R=195.00 Delta=33.2546 Bng=s35.W290' C=Itd=112.17 011: Rt, R=225.00 Delta=38.3146 Bng=nl8.3655w, 6d=148.47 002=s00.3849w 137.22 007=s52.0713w 118.95 012=n00.3858e 394.08 003=s28.4956w 49.47 008=s35.2308w 26.28 0 1 3=s89.2956e 50.00 Bng- s6 0238e, ced= o.as15008 009=s52.0713w 15.00 005=s18.4127w 180.38 010=n37.5247w 61.97 September 9, 2014 Project No. 114042 Southridge PBA Description 13.34 Acres fill, I -AND 6R01 P� INC, 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 00038'49" 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 40029'46" West a distance of 65.42 feet; Thence North 89021'11" 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 44°07'23" 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 37'01'11" 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 21006'26", a chord bearing of North 80012'21" 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. e i1iot; PLw„U1 a ae re a v- Li';o tirrr¢r .. �,,,, „ afm rrt-t; t, c; r,r2 E..1,,_,a 7 • eu eyi7g '� www.thelandgroupinc.com I Page 2 of 2 �fAf ;!� 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 L L A&� L EAGLE, IDAHO 83616 SSG 14216 )21 El 6B www.thelandgroupinc.com J()LX 179.47 AAc zo IL/.19 Title: Date: 09-08-2014 I Scale: 1 inch = 200 feet I File: I Tract 1: 13.341 Acres: 581149 Sy Feet: Closure = n77.0340w 0.02 Feet: Precision =1/193669: Perimeter = 3532 Feet 001=s00.3849w 545.90 002=n89.2148w 248.07 003=s00.3849w 45.89 004=n89.2111w 65.42 005=n35.4949w 63.35 006=n89.4745w 92.40 007=s40.2946w 65.42 008=n89.211lw 127.19 009=100.3439e 114.45 010=s89.5812w 194.47 011=n75.2154w 90.15 012=s43.0054w 88.40 013=n44.0723w 77.93 014=n30.1625w 178.79 0 1 5=n45.4412w 112.13 016=n42.3649e 104.81 017=n37.011lw 122.32 018: Rt R=94950 Delta=21.0626 Bn 4- 0.1221e, Cthd=347.82 019=s89.1424e 179.47 020=s89.1941 a 665.39 ADA COUNTY RECORDER Chd*Oer D. Rich AMOUNT 10.00 101SE IDAHO 07126/13 08:14 AM DEPUTY GO Ono RECORDED -REQUEST OF ft6nre1131084472 al dank SATISFACTION OF MORTGAGE KNOW ALL PERSONS, that Northwest Bank, formerly known as Western Capital Bank, whose address is 1750 W. Front St., Ste. 150, Boise, ID 83702-5191, HEREBY CERTIFIES that a certain mortgage bearing the date of October 31, 2012, and executed by COREY BARTON HOMES, INC., an Idaho Corporation, to secure payment of the principal sum of One Million Nine Hundred Seventy-three Thousand Six Hundred Ninety-three & 92/100 Dollars ($1,973,693.92) and interest, and duly recorded in the office of the Recorder of the County of Ada, State of Idaho, as Instrument No. 112113659 of the record of Mortgages of said County. IS FULLY PAID, and do hereby consent that the same be discharged of record. Dated: J u l y zq) Zo 13 formerly known as Western Capital Bank Ward" Relationship Manager ACKNOWLEDGMENT -CORPORATE STATE OF ) )SS. COUNTY OF ) On this 24`b 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 the VP, Relationship Manager, of the corporation, and acknowledged to me that such corporation executed the same. In witness whereof, I have hereunto set my hand and affixed my official sgAo, month and year in this certificate first above written. o° o° e p e e Notary qblicd Residing At:-rvt,4, �'�o q� �d.�•.• Expiration Date: /o - d o� OF 11). °OO�000aeoes" ADA COUNTY RECORDER Christopher D. Rich AMOUNT 49.00 14 BOISE IDAHO 10/31/2012 11:38 AM RECORDATION REQUESTED BY: DEPUTY Bonnie Oberbillig Main WESTERN CAPITAL BANK RECORDED --REQUEST OF g I IIIIII IIIII IIIII IIIIII IIIIII IIII III IIIIIIII IIIII III IIIII III IN 1750 W FRONT ST STE 150 TITLEONE BOISE 112113658 BOISE, ID 83702-5191 WHEN RECORDED MAIL TO: WESTERN CAPITAL BANK Main Office 1750 W FRONT ST STE 150 BOISE, ID 83702-5191 MORTGAGE SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY 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 85642. 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 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. lr 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 (1) remain in possession and control of the Property; (2) use, operate or manage the Property; and (3) 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 Loan No: 800102803 (Continued) Page 2 event Grantor becomes liable for cleanup 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 reconveyance of the lien of this Mortgage and shall not be affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise. Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Grantor will not remove, or grant to any other party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent. Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without Lender's prior written consent. As a condition to the removal of any Improvements, Lender may require Grantor to 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 to 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 governmental authorities applicable to the use or occupancy of the Property, including without limitation, the Americans With Disabilities Act. Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so 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. Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other acts, in addition to those 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 by this 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 in the Real Property, whether legal, beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land 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 (25%) of the voting stock, partnership interests or limited liability company interests, as the case may be, of such 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 Property, and shall pay when due all claims for work done on or for 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 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 05) days after the lien arises or, if a lien is filed, within fifteen (15) days after Grantor has notice of the filing, secure the discharge of the lien, or if requested by Lender, deposit with Lender 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 Lender and shall 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 (15) days before any work is commenced, any services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on account of 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 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 coverage will not be cancelled or diminished without a minimum of ten (10) days' prior written notice to Lender and not containing any disclaimer of the insurer's liability for failure to give such notice. Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or default of Grantor or any other person. Should the 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 Loan No: 800102803 (Continued) Page 3 liens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of the loan. Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss if Grantor fails to do so within fifteen (15) days of the casualty. Whether or not Lender's security is impaired, Lender may, at Lender's election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor is not in default under this Mortgage. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Mortgage, then to pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Grantor as Grantor's interests may appear. Grantor's Report on Insurance. Upon request of Lender, however not more than once a year, Grantor shall furnish to Lender a report on each existing policy of insurance showing: (1) the name of the insurer; (2) the risks insured; (3) the amount of the policy; (4) the property insured, the then current replacement value of such property, and the manner of determining that value; and (5) the expiration date of the policy. Grantor shall, upon request of Lender, have an independent appraiser satisfactory to Lender determine the cash value replacement cost of the Property. TAX AND INSURANCE RESERVES. Subject to any limitations and consistent with any requirements set by applicable law, Lender may require Grantor to maintain with Lender reserves for payment of annual taxes, assessments, and insurance premiums, which reserves shall be created by an initial deposit and subsequent monthly payments, or payments at such other interval as payments under the Note may be due, of a sum estimated by Lender to be sufficient to pay the total annual taxes, assessments, and insurance premiums Lender reasonably anticipates to be 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 the taxes, assessments, and insurance premiums required to be paid by Grantor as they become due. Lender shall have the right to draw upon the reserve funds to pay such items, and Lender shall not be required to determine the validity or accuracy of any item before paying it. Nothing in the Mortgage shall be construed as requiring Lender to advance other monies for such purposes, and Lender shall not incur any liability for anything it may do or omit to do with respect to the reserve account. Subject to any limitations set by applicable law, if the reserve funds disclose a shortage or deficiency, Grantor shall pay such shortage or deficiency as required by Lender. All amounts in the reserve account are hereby pledged to further secure the Indebtedness, and Lender is hereby authorized to withdraw and apply such amounts on the Indebtedness upon the occurrence of an Event of Default. Lender shall not be required to pay any interest or earnings on the reserve funds unless required by 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 for payment of the taxes and assessments required to be paid by Grantor. LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in the Property or if Grantor fails to comply with any provision of this Mortgage or any Related Documents, including but not limited to Grantor's failure to discharge or pay when due any amounts Grantor is required to discharge or pay under this Mortgage or any Related Documents, Lender on Grantor's behalf may (but shall not be obligated to) take any action that Lender deems appropriate, including but not limited to discharging or paying all taxes, liens, security interests, encumbrances and other claims, at any time levied or placed on the Property and paying all costs for insuring, maintaining and preserving the Property. All such expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. The Mortgage also will secure payment of these amounts. Such right shall be in addition to all other rights and remedies to which Lender may be entitled upon Default. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Mortgage: Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property in fee simple, free and clear of all liens and encumbrances other than those set forth in the Real Property description or in any title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Mortgage, and (b) Grantor has the full right, power, and authority to execute and deliver this Mortgage to Lender. Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of Lender under this Mortgage, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation. Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorities. Survival of Representations and Warranties. All representations, warranties, and agreements made by Grantor in this Mortgage shall survive the execution and delivery of this Mortgage, shall be continuing in nature, and shall remain in full force and effect until such time as 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 such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Grantor will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from time to time to permit such participation. Application of Net Proceeds. If all or any. part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all reasonable costs, expenses, and attorneys' fees incurred by Lender in connection with the condemnation. MORTGAGE Loan No: 800102803 (Continued) Page 4 IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees and charges are a part of this Mortgage: Current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to this Mortgage and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Grantor shall reimburse Lender for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Mortgage, including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Mortgage. Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Mortgage or upon all or any part of the Indebtedness secured by this Mortgage; (2) a specific tax on Grantor which Grantor is authorized or required to deduct from payments on the Indebtedness secured by this type of Mortgage; (3) a tax on this type of Mortgage chargeable against the Lender or the holder of the Note; and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and 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 effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless Grantor either (1) pays the tax before it becomes delinquent, or (2) contests the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Mortgage as a security agreement are a part of this Mortgage: Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. 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. In addition to recording this Mortgage in the real property records, Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this Mortgage as a financing statement. Grantor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon default, Grantor shall not remove, sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Grantor and Lender and make it available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable law. Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party) from which information concerning the security interest granted by this Mortgage may be obtained (each as required by the Uniform Commercial Code) are as stated on the first page of this Mortgage. FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and attomey-in-fact are a part of this Mortgage: Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, or will cause to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, certificates, and other documents as may, in the sole opinion of Lender, be 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 (2) the liens and security interests created by this Mortgage as first and prior liens on the Property, whether now owned or hereafter 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. Attorney -in -Fact. 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, Grantor hereby irrevocably appoints Lender as Grantor's attorney-in-fact for the 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. PARTIAL RELEASES. Lender shall execute partial releases of the lien of this Mortgage upon the following conditions: Partial release provision to be allowed as provided for in the Business Loan Agreement of even date between Borrower and Lender, as may be amended from time to time. FULL PERFORMANCE. If Grantor pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Grantor under this Mortgage, Lender shall execute and deliver to Grantor a suitable satisfaction of this Mortgage and suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the Personal Property. Grantor will pay, if permitted by applicable law, any reasonable termination fee as determined by Lender from time to time. 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 Other Payments. Failure of Grantor within the time required by this Mortgage to make any payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. 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, obligation, covenant or condition contained in this Mortgage or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Grantor. Default in Favor of Third Parties. Should Grantor default under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Grantor's property or Grantor's ability to repay the Indebtedness or Grantor's ability to 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 this 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. Defective 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 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 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 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 (12) 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 (15) 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 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 law, 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. 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. 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 sale or other intended disposition of the Personal Property is to be made. Reasonable notice shall mean notice given at least ten (10) 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: 800102803 (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 and/or 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, Lender 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 and shall 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 (unless 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 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: 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, a 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 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 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 shall 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 law, 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: 800102803 (Continued) of Idaho as to all Indebtedness secured by this Mortgage. Page 7 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 co-signers and co -makers signing the Note and all their successors and assigns. Default. The word "Default" means 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 of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, 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 "Guaranty" means 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, stored, 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 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 Grantor and Lender. Note. The word "Note" means the promissory note dated October 31, 2012, in the original principal amount of $2,175,929.16 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. Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the Property. GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND GRANTOR AGREES TO ITS TERMS. GRANTOR: CO=N HOMES, By: COREY D BARTON, HOMES, INC. MORTGAGE Loan No: 800102803 (Continued) CORPORATE ACKNOWLEDGMENT STATE OF I(Jll kc, 'l � w ) SS COUNTY OF ACL. 1 Page 8 On this day of CL"C-lev -,in the year 20 _I, before me TV 1'1 Vol -fes , 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 me 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 of said corp ation, and acknowledged to me that such corporation executed the same. p (J � Residing at ►V hA I .LIJ Notary Public for Idaho ®+ •®� My commission expires ® l 6 ■ O 1 8 1 P 0 PRO Lending, Ver. 12.3.0.004 Copr. Harlanl!LFiNnciq[ Solujjsjr ArjN. 1997, 2012. All Rights Reserved. - ID L:\CFRLPL\G03.FC `1It of °Isama* SCHEDULE C Legal Description: Parcel i (Southridge Estate Lots): A tract of land situated in the South One Half of the North One Haff of Section 23, Township 3 North, Range 1 West, Boise Meridian, Cfly of Meridian, Ada County, Idaho, described as follows: Beginning at a 518 inch steel pin hionumenting the Center One Quarter Corner of said Section 23, from which a 5t8 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 ' Westerly line of the Northeast One Quarter of said 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, 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 arc of a non -tangent curve to the right, said curve having a radius of 20.00 feet, a central angle of 79013'53", a chord bearing of South 39051'03" East and a chord distance of 25.51 feet to a point; thence South 000106" 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 of 42.86 fast 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 27003'51" 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 37006'08" 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 826.00 feet, a central angle of 19°24'07", a chord bearing of North 24024'59" West and a chord distance -of 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 94049'57", 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 91 034'54", a chord bearing of North 05"1543" 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; 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 5200930" 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 arc of a circular curve to the left, sant curve having a radius of 80.00 feet, a central angle of 55"35'25", a chord bearing of North 79°500" East and a chord distance of 74.61 feet to a point; thence South 15°07"211" East a distance of 122.50 feet to a point; thence North 86931'43" East a distance of 260.50 feet to a point on the Easterly easement line of the Rldenbaugh 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 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 hearing of South 00°42'26" 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 sald Easterly easement line North 89002'52" West a distance of 70.07 feet to a point on the centerllne of said Ridenbaugh Canal; thence following the centerline of said Ridenbaugh Canal the following four courses and distances: 1. 52.81 feet following the arc of a non4angent 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 07912'47" 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'i2", a chord bearing of South 07°24'13" West and a chord distance of 125.37 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 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 Corner of said Section 23 bears South 00°37"47" West a distance of 2637.73 feet; thence foNowing the Westerly line of the Northeast One Quarter of said Section 23 South 00037"47" 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 6303624" East 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 3705,747" East a distance of 53.06 feet to a point; thence following said Southwesterly right -of --way line, Southeasterly123.81 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 23006'05" East and a chord distance of 122.44 feet to a found 112 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 112 inch steel pin; thence North 27047'39" 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 04'51'03", a chord bearing of North 30013'10" West and a chord distance of 16.72 feet to the Point of Beginning. Parcel 8 (Southridge Parcel 16): 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 said Section 23, from which a 518 inch steel pin monumeriting 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°0756" 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 center ins 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 are 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 17017'53" 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 20°10'12", a chord bearing of North 07°12'47" West and a chord distance of 52.53 feet to a point; thence leaving the centerline of said Ridenbaugh Canal South 89°02'52" East 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 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 °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"27'55" East a distance of. 34.82 feet to a point; 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 point; 4. North 37°5747" West a distance of 332.30 feet to a point; thence leaving said Easterly easement line North 52°03'57" East a distance 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 52907'13" East a distance of 118.95 feet to a point; thence Northeasterly 113.77 feet following the arc of a circular curve to the left, said curve having a radius of 195.00 feet, a central angle of 33°2546", 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 non4angent curve to the left, said curve having a radius of 293.15 feet, a central angle of 11°50'08", a chord bearing of North 56002'38" Went and a chord distance of 60A5 feet to a point; thence North 28°49'56" East a distance of 49A7 feet to a point; thence 57.71 feet following the arc of a nomtangent curve to the rlght, said curve having a radius of 325.00 feet, a central angle of 10010'24", a chord bearing of South 57017'04" East and a chord distance of 57.63 feet to a point; thence 94A0 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°3222", a chord bearing of South 61°28'03" East and a chord distance of 93.99 feet to a point; thence South 71018'33" East a distance of 261.09 feet to a point; thence South 18°4127" 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 90°00'00", a chord bearing of South 26°18'33" East and a chord distance of 28.28 feet to a point; thence South 71018'33" East a distance of 50.00 feet to a point; thence South 18041'27" 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 35024'20" West and a'chord distance of 359.51 feet to a point; thence South 52007'13" 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 having a radius of 20.00 feet, a central angle of 78"3954", a chord bearing of South 12°5145" 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 51951"41", 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 are of a reverse curve to the left, said curve having a radius of 275.01 feet, a central angle of 13°31"59", a chord bearing of South 18°4757" West and a chord distance of 65.28 feet to a point; thence North 89°02'52" West a distance of 199.65 feet to the Point of Beginning. Parcel iII (Southrtdge 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 8900447" 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 feet to a found 1/2 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 30.00 feet to a 518 Inch steel pin; thence 111.19 feet along the arc 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 8202642" 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°0046" East and a chord distance of 28.87 feet to a 5/8 inch steel pin; thence South 89016'08" 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 71 °15'53", 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 feel, a central angle of 45°21'22", a chord bearing of North 41015'50" East and a chord distance of 179.93 feet to a 5/8 Inch steel pin; thence North 47039'35" 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 1050.50 feet, a central angle of 22°55'49", a chord bearing of North 58°57'49" 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 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 1044.60 feet, 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 618 Inch 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 5/8 inch steel pin; 6. North 14053'23" East a distance of 79A2 feet to a 5/8 inch steel pin on the centerline of the Ridenbaugh Canal; thence leaving said Southerly right-of-way line and following the centerline of said Ridenbaugh Canal following three courses: 1. North 6903T00" 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 Ridenbsugh 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 Rldenbaugh Canal following eight courses: 1. South 61029'03" East a distance of 118.75 feet to a 518 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 2032'56", a chord bearing of South 62°45`31" East and a chord distance of 14.23 feet to a 518 inch steel pin; 3. South 64001'59" East a distance of 330.62 feet to a 5/8 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 0 inch steel pin; 5. South 72020'41" 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 68052'25", a chord bearing of South 37054'30" East and a chord distance of 260.13 feet to a 518 Inch steel pin; 7. South 86031'43" West a distance of 10.00 feet to a 518 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 86931'43" West a distance of 260.50 feet to a 5/8 Inch steel pin; thence North 1500720" 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°3525", a chord bearing of South 790500" West and a chord distance of 74.61 feet to a 5/8 inch steel pin; thence North 7291T28" West a distance of 172.84 feet to a 5f8 Inch steel pin; thence South 20°1127" 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 518 Inch steel pin; thence 41.31 feet along the arc of a circular curve to the left, saki curve having a radius of 875.00 feet, a central angle of 02042'17", a chord bearing of North 39010'38" West, and a chord distance of 41.30 feet to a 5/8 inch steel pin; thence South 4902742" 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 91034'54", a chord bearing of South 05°1942" West and a chord distance of 28.67 feet to a 518 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 arc of a non-tangent curve to the right, said curve having a radius of 20.00 feet, a central angle of 94°4757', a chord bearing of South 81031'52" East and a chord distance of 29A5 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 19024'07", 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 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 08017"51" West a distance of 108.82 feet to a 5/8 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 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 00014'06" 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 39051'03" West and a chord distance of 25.51 feet to a 5/8 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 1902T50", a chord bearing of South 89°1755" 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 82038'49" 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°3747" 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 1 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 centerllne of South Linder Road from which a found 518 inch steel pin monumenting the East One Quarter of said 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 centerline of said South Under Road South 00041'26" West a distance of 1602.93 feet to a point; thence leaving said Easterly line and said centerline North 89"18'32" West a distance of 48.00 feet to a point on the Westerly right-of-way fine of said South Linder Road being the Point of Beginning; thence following said Westerly right-of-way line South 00°41'26" West a distance of 997.52 feet to 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 right-of-way line of said Aspen Cove Drive North 89002'56" West a distance of 255.36 feet 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 eleven courses: 1.287.73 feet following the arc of a non -tangent curve to the left, said curve having a radius of 600.00 feet, a central angle of 27°28'350, 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 76056'09" West a distance of 93.79 feet to a point; S. 83.95 feet 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 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 81°58'45" West a distance of 380.01 feet to a point; 9.16OA5 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 arc 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°4731" West, and a chord distance of 1.46 feet to a point on the Northerly line of Aspen Cove Subdivision, Blocks 1 and 2 (Book 31, Page 1895, Records of Ada County, Idaho); thence following said Northerly line North 89002'56" West a distance of 32.61 feet to a point; thence following said Northerly line South 33°08'24" West a distance of 127.52 feet to a point; thence following said Northerly line South 55°204" 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 fine and following said Easterly line North 70°12'07" 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°0216" West a distance of 34.06 feet to a point on the centerline of the Ridenbaugh Canal; thence leaving said Northerly right-of-- way fine and following the centerline of said Ridenbaugh Canal the following four courses: 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 49024'12", 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 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 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°3759", a chord bearing of North 18049'57" East, and a chord distance of 65.28 feet to a point; thence 485.19 feet following the arc of a reverse curve to the left, said curve having a radius of 535.00 feet, a central angle of 5195741", a chord bearing of North 00024'51" West, and a chord distance of 468.73 feet to a point; thence 27.41 feet following the arc of a reverse curve to the right, said curve having a radius of 20.00 feet, a central angle of 78030'54", a chord bearing of North 12°51'45" East, and a chord distance of 25.31 feet to a point; thence North 5200713" East a distance of 135.23 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 33025'46", 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" Ea South 71°18433" East a distance of '� VA, o Mow GIt 3 _, taldcurve having a radius of 200.00fee% ace C' ii of 1x.58 feet to a point; thence MOW foliowin " d� i r i►lral'anble of 47°48b2", a chord bearing of piff{; thtlnoe South 66°7.734" East a distance of tl a blirzplot cq 4tro lei, terve having a r dlus of 320.00 feat, a central art "�at; airtfa chdrd t� ai1 bf 1 t3o a point; thence South 89034'28" East a distance of 655 to q pq; I e North 00°25'32" East a distance of I .10,00. to a [{�t 46co South $9°34'27" East a distance of 3 ti99feet toprrint, tide South 89018'32" East a distance of 101:4 feet to 04,1066-d Beginning. ADA COUNTY RECORDER Christopher D. Rich AMOUNT 49.00 14 BOISE IDAHO 10/31/2012 11:38 AM RECORDATION REQUESTED BY: DEPUTY Victoria Bailey u WESTERN Siffriplifile Electronic g CAPITAL BANK RECORDS EQUEST OF MainOffice R I IIIIII VIII VIII IIIIII IIIIII III' III IIIIIIII VIII III NIII IIII IIN 1750 W FRONT ST STE 150 TITLEONE BOISE 112113659 BOISE, ID 83702-5191 WHEN RECORDED MAIL TO: WESTERN CAPITAL BANK Main Office 1750 W FRONT ST STE 150 BOISE, ID 83702-5191 Y2 ' (f 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 relatingto the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in AA 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 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 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 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 (1) remain in possession and control of the Property; (2) use, operate or manage the Property; and (3) 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 Lander 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 Loan No: 800102815 (Continued) Page 2 event Grantor becomes liable for cleanup 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 reconveyance of the lien of this Mortgage and shall not be affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise. Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Grantor will not remove, or grant to any other party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent. Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without Lender's prior written consent. As a condition to the removal of any Improvements, Lender may require Grantor to 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 to 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 governmental authorities applicable to the use or occupancy of the Property, including without limitation, the Americans With Disabilities Act. Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so 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. Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other acts, in addition to those 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 by this 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 in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land 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 (25%) of the voting stock, partnership interests or limited liability company interests, as the case may be, of such 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 Property, and shall pay when due all claims for work done on or for 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 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 (15) days after Grantor has notice of the filing, secure the discharge of the lien, or if requested by Lender, deposit with Lender 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 Lender and shall 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 (15) days before any work is commenced, any services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on account of 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 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 coverage will not be cancelled or diminished without a minimum of ten (10) days' prior written notice to Lender and not containing any disclaimer of the insurer's liability for failure to give such notice. Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or default of Grantor or any other person. Should the 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 Loan No: 800102815 (Continued) Page 3 liens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of the loan. Application of Proceeds. .Grantor shall promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss if Grantor fails to do so within fifteen (15) days of the casualty. Whether or not Lender's security is impaired, Lender may, at Lender's election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor is not in default under this Mortgage. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Mortgage, then to pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Grantor as Grantor's interests may appear. Grantor's Report on Insurance. Upon request of Lender, however not more than once a year, Grantor shall furnish to Lender a report on each existing policy of insurance showing: (1) the name of the insurer; (2) the risks insured; (3) the amount of the policy; (4) the property insured, the then current replacement value of such property, and the manner of determining that value; and (5) the expiration date of the policy. Grantor shall, upon request of Lender, have an independent appraiser satisfactory to Lender determine the cash value replacement cost of the Property. TAX AND INSURANCE RESERVES. Subject to any limitations and consistent with any requirements set by applicable law, Lender may require Grantor to maintain with Lender reserves for payment of annual taxes, assessments, and insurance premiums, which reserves shall be created by an initial deposit and subsequent monthly payments, or payments at such other interval as payments under the Note may be due, of a sum estimated by Lender to be sufficient to pay the total annual taxes, assessments, and insurance premiums Lender reasonably anticipates to be 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 the taxes, assessments, and insurance premiums required to be paid by Grantor as they become due. Lender shall have the right to draw upon the reserve funds to pay such items, and Lender shall not be required to determine the validity or accuracy of any item before paying it. Nothing in the Mortgage shall be construed as requiring Lender to advance other monies for such purposes, and Lender shall not incur any liability for anything it may do or omit to do with respect to the reserve account. Subject to any limitations set by applicable law, if the reserve funds disclose a shortage or deficiency, Grantor shall pay such shortage or deficiency as required by Lender. All amounts in the reserve account are hereby pledged to further secure the Indebtedness, and Lender is hereby authorized to withdraw and apply such amounts on the Indebtedness upon the occurrence of an Event of Default. Lender shall not be required to pay any interest or earnings on the reserve funds unless required by 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 for payment of the taxes and assessments required to be paid by Grantor. LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in the Property or if Grantor fails to comply with any provision of this Mortgage or any Related Documents, including but not limited to Grantor's failure to discharge or pay when due any amounts Grantor is required to discharge or pay under this Mortgage or any Related Documents, Lender on Grantor's behalf may (but shall not be obligated to) take any action that Lender deems appropriate, including but not limited to discharging or paying all taxes, liens, security interests, encumbrances and other claims, at any time levied or placed on the Property and paying all costs for insuring, maintaining and preserving the Property. All such expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. The Mortgage also will secure payment of these amounts. Such right shall be in addition to all other rights and remedies to which Lender may be entitled upon Default. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Mortgage: Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property in fee simple, free and clear of all liens and encumbrances other than those set forth in the Real Property description or in any title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Mortgage, and (b) Grantor has the full right, power, and authority to execute and deliver this Mortgage to Lender. Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of Lender under this Mortgage, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation. Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorities. Survival of Representations and Warranties. All representations, warranties, and agreements made by Grantor in this Mortgage shall survive the execution and delivery of this Mortgage, shall be continuing in nature, and shall remain in full force and effect until such time as 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 such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Grantor will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from time to time to permit such participation. Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all reasonable costs, expenses, and attorneys' fees incurred by Lender in connection with the condemnation. MORTGAGE Loan No: 800102815 (Continued) Page 4 IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees and charges are a part of this Mortgage: Current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to this Mortgage and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Grantor shall reimburse Lender for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Mortgage, including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Mortgage. Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Mortgage or upon all or any part of the Indebtedness secured by this Mortgage; (2) a specific tax on Grantor which Grantor is authorized or required to deduct from payments on the Indebtedness secured by this type of Mortgage; (3) a tax on this type of Mortgage chargeable against the Lender or the holder of the Note; and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and 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 effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless Grantor either (1) pays the tax before it becomes delinquent, or (2) contests the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Mortgage as a security agreement are a part of this Mortgage: Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. 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. In addition to recording this Mortgage in the real property records, Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this Mortgage as a financing statement. Grantor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon default, Grantor shall not remove, sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Grantor and Lender and make it available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable law. Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party) from which information concerning the security interest granted by this Mortgage may be obtained (each as required by the Uniform Commercial Code) are as stated on the first page of this Mortgage. FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and attorney-in-fact are a part of this Mortgage: Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, or will cause to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, certificates, and other documents as may, in the sole opinion of Lender, be 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 (2) the liens and security interests created by this Mortgage as first and prior liens on the Property, whether now owned or hereafter 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. Attorney4n-Fact. 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, Grantor hereby irrevocably appoints Lender as Grantor's attorney-in-fact for the 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. PARTIAL RELEASES. Lender shall execute partial releases of the lien of this Mortgage upon the following conditions: Partial release provision to be allowed as provided for in the Business Loan Agreement of even date between Borrower and Lender, as may be amended from time to time. FULL PERFORMANCE. If Grantor pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Grantor under this Mortgage, Lender shall execute and deliver to Grantor a suitable satisfaction of this Mortgage and suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the Personal Property. Grantor will pay, if permitted by applicable law, any reasonable termination fee as determined by Lender from time to time. 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 Other Payments. Failure of Grantor within the time required by this Mortgage to make any payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. 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, obligation, covenant or condition contained in this Mortgage or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Grantor. Default in Favor of Third Parties. Should Grantor default under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Grantor's property or Grantor's ability to repay the Indebtedness or Grantor's ability to 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 this 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 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 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 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 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 0 2) 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 (15) 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 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 law, 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. 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. 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 sale or other intended disposition of the Personal Property is to be made. Reasonable notice shall mean notice given at least ten 00) 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 and/or 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, Lender 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 and shall 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 (unless 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 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: 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, a 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 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 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 shall 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 law, 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: 800102815 (Continued) of Idaho as to all Indebtedness secured by this Mortgage. Page 7 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 co-signers and co -makers signing the Note and all their successors and assigns. Default. The word "Default" means 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 of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et 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 "Guaranty" means 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, stored, 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 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 Grantor and Lender. Note. The word "Note" means the promissory note dated October 31, 2012, in the original principal amount 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. Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the Property. GRANTOR ACKNOWLEDGES 11"ING R%D ALL THE PROVISIONS OF THIS MORTGAGE, AND GRANTOR AGREES TO ITS TERMS. GRANTOR: COREY BARTON COREY D BARTON,side! of COREY BARTON HOMES, INC. �_ MORTGAGE Loan No: 800102815 (Continued) Page 8 CORPORATE ACKNOWLEDGMENT STATE OF ._L.r_4- 4 0 ) )SS COUNTY OF rNa&) On this 31 day of 00--bbr., , in the year 201,)�- , before me k0[+'t 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 me on the oath of L 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 f said corpo tion and acknowledged to me that such corporation executed the same. _ VIQ V o♦ °e♦ Residing at 1jQ,)17.1jX -�-t Notary Public fob s; _ �• 0TA k ��' • My commission expires ■ � � m Lending, Ver. 12.3.0.004 Copr. d'id$dmr Bns, Inc. 1997, 2012. All Rights Reserved. - ID L:\CFI\LPL\GO3.FC *Q� * .8�9 PR -11 SCHEDULE 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, described as follows: Beginning at a 518 Inch steel pin inonumenting the Center One Quarter Comer of said Section 23, from which a 518 inch steel pin monumenting the East One Quarter of said Section 23 bears South 8900216" East a distance of 2658.97 feet; thence following the Westerly line of the Northeast One Quarter of said 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, said curve having a radius of 398.28 feet, a central angle of 03°0917", 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 curare to theright, 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, said curve having a radius of 20.00 feet, a central angle of 79013'53", a chord bearing of South 39051'03" East and a chord distance of 25.51 feet to a point; thence South 000106" 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 of 42.86 feet to a point; thence North 89°03'34" West a distance of 204.56 feet to a point; thence _North 08017'51" 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 37006'08" 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 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 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°1543" East and a chord distance of 28.67 feet to a point; thence North 49027'42" East.a distance of 50.00 feet to a point; thence Southeasterly 41.31 feet following the arc of a curve to the left, sold curve having a radius of 875.00 feet, a central angle of 2"42'17", a chord bearing of ' South 3901938" East, and a chord distance of 41.30 feet to a point; thence North 52009'30" 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 72°17'28" 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°35'25", a chord bearing of North 79°500" East and a chord distance of 74.61 feet to a point; thence South 15°07'26" 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 One of the Ridenbaugh Canal; thence following the Easterly easement line of said Rldenbaugh Canal North 03°28'17" 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 are of a non -tangent curve to the right, said curve having a radius of 200.00 feet, a central angle of 9003720", a chord bearing of South 8301727" East and a chord distance of 284.46 feet to a point; 2. South 37°5247" 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 00°4.726" 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 Is% said curve having a radius of 80:00 feet, a centmt angle of 31°5043", 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 centerline of said Ridenbaugh Canal the following four courses and distances: 1. 52.81 feet following the arc of a non4angent curve to the left, said curve having a radius of 150.00 feet, a central angle of 20°10'14", a chord bearing of South 07"1,747" East and a chord distance of 52.53 feet to a point; 2. South 1701T53" 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°2412", 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 centerline and following the Southerly line of the North One Half of said Section 23 North 89°0756" 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 Corner 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 0003747" West a distance of 1937.38 feet to a point; thence leaving said Westerly line South 8902243" East a distance of 515.14feet to a found 112 inch steel pin being the Point of Beginning; thence North 6393624" East a distance of 159.86 feet to a found 112 inch steel pin on the Southwesterly right -0f --way line 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 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 23006'05" East and a chord distance of 122.44 feet to a found 112 Inch steel pin; thence leaving said Southwesterly right-of-way line South 67011'20" 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 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. 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 said Section 23, from which a 518 inch steel pin . monumenting the East One Quarter of said Section 23 bears South 89002'56" East a distance of 2658.97 feet; thence following the Southerly line of the Northeast One Quarter Corner of said Section 23 South 89°02`56" East a distance of 712.43 feet to a point on the centerline of the Rfdenbaugh Canal; thence leaving said Southerly line and following the centerline 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 4902412", a chord bearing of North 07°24'13" East and a chord distance of 125.37 feet to a point; 3. North 1701753" West a distance of 1`10.54 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 fest, a central angle of 20010'12", a chord bearing of North 07°12'47" West and a chord distance of 52.53 feet to a point; thence leaving the centerline of said Ridenbaugh Canal South 89°02'52" East a distance of 70.07 feet to a point on the Easterly easement fine of said Ridenbaugh 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 20030'33" Fast, 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 feet following the arc of a circular curve to the left, said curve having a radius of 370.00 feet, a central angle of 74°20'42", a chord bearing of North 00°4226" 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 52°01"13" East a distance of 50.00 feet to a point; thence North 35'23'08" East a distance of 26.28 feet to a point; thence North 52°0713" East a distance of 118.95 feet to a point; thence Northeasterly 113.77 feat following the arc of a circular curve to the left, said curve having a radius of 195.00 feet, a central angle of 3302646", a chord bearing of North 350200" 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 11050'08", a chord bearing of North 56°02'38" West and a chord distance of 60.45 feet to a point; thence North 28°4956" East a distance of 49.47 feet to a point; thence 57.71 feet following the arc of a nondangent 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°1704" East and a chord distance of 57.63 feet to a point; thence 94A0 feet following the arc of a reverse curve to the left, said curve having a radius of 291.75 feet, a central angle of 18032'22", a chord bearing of South 61°28'03" East and a chord distance of 93.99 feet to a point, thence South 71018'33" East a distance of 261.09 feet to a point; thence South 18041'27" West a distance of 50.00 feet to a point; thence 31 A2 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 26018'33" 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 18041'27" 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 3502470" West and a chord distance of 359.51 feet to a point, thence South 52°0713" West a distance of 135.23 feet to a point; thence Southerly 27A1 feet following the arc of a circular curve to the left, said curve having a radius of 20.00 feet, a central angle of 78°30'54", a chord bearing of South 12°51'45" 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 $1957'41", a chord bearing of South 00°201" East and a chord distance of 468.73 feet to a point; thence 65A4 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 18'49'57" 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 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 8900417" West a distance of 2666.56 feet; thence following the Southerly line of the Northwest One Quarter of Section 23 North 89°04'17" West a distance of 1832.01 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 518 Inch steel pin; thence North 25008'21" East a distance of 30.00 feet to a 5l8 inch steel pin; thence 111.19 feet along the arc 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 8202642" East and a chord distance of 89.65 feet to a 518 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 54000'16" East and a chord distance of 28.87 feet to a 518 inch steel pin; thence South 89016'08" 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 W53", a chord bearing of North 54013'05" 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 45°21'22", 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 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 courses: 1.420.42 feet along the are of a non -tangent curve to the left, said curve having a radius of 1050.50 feet, a central angle of 22'55'49", 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 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°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, 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 518 Inch steel pin; 4. North 10608'10" East a distance of 231.17 feet to a 518 Inch steel pin; 5. South 75006'37" East a distance of 6.36 feet to a 518 inch steel pin; 6. North 14°53'23" East a distance of 79A2 feet to a 618 Inch steel pin on the centerline of the Rldenbaugh Canal; thence leaving said Southerly right-of-way line and following the centerline of said Ridenbaugh Canal following three 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 Ridenbough Canal North 0°48'16" East a distance of 90.37 feet to a 518 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 61 °29'03" East a distance of 118.75 feet to a 518 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 203756", a chord bearing of South 62'4531" East and a chord distance of 14.23 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. 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 08018'42", 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 72020'41" East a distance of 150.79 feet to a 518 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 68052'25", 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 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 86931'43" West a distance of 260.50 feet to a 518 inch steel pin; thence North 15007'20" 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 feet, a central angle of 5503525", a chord bearing of South 79°500" West and a chord distance of 74.61 feet to a 5/8 inch steel pin; thence North 7201728" 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 arc of a circular curve to the left, said curve having a radius of 875.00 feet, a central angle of 02042'17", a chord bearing of North 3901038" West, and a chord distance of 41.30 feet to a 5/8 inch steel pin; thence South 49°2742" 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°1512" 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, sold curve having a radius of 20.00 feet, a central angle of 94°49'57", a chord bearing of South 81031'52" East and a chord distance of 29A5 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, t 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 feet along the arc of a reverse curve to the left, said curve having a radius of 300.00 feet, a central angle of 44046'24", a chord bearing of South 37006'07" East and a chord distance of 228.51 feet to a 518 inch steel pin; thence South 27003'51" 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 89003'34" 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 91°10'32", a chord bearing of North 45°21'10" East and a chord distance of 42.86 feet to a 518 inch steel pin; thence North 00014'06" 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; 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 19°27'50", a chord bearing of South 89°11'55" East and a chord distance of 172.05 feet to a 0 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 82038'49" 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 00937'47" 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 1 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 1/2 Inch steel pin monumenting the Northeast Comer of said Section 23 on the centerline of South Under Road from which a found 5/8 Inch steel pin monumendng the East One Quarter of said Section 23 bears South 00041'26" West a distance of 2650.67 feet; thence following the Easterly line of said Section 23 and the centerline of said South Under Road South 00"41'26" West a distance of 1602.93 feet to a point; thence leaving sold Easterly line and said centerilne North 89018'32" West a distance of 48.00 feet to a point on the Westerly right-of-way line of said 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 feet to a found 5/8 Inch steel pin on the Northerly right-of-way line of Aspen Come Drive; thence leaving said Westerly right-of-way line and following the Northerly right-of-way line of said Aspen Cove Drive North 8900756" West a distance of 255.36 feet to a point on the centerline of the Ridenbaugh Canal; thence leaving said Northerly right -of- way line and following the centerline of said Ridenbaugh Canal the following eleven courses: 1.287.73 feet following the arc of a non -tangent curve to the left, said curve having a radius of 600.00 feet, a central angle of 27°2835", a chord bearing of North 46'1510" 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 43004'24", 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 feet to a point; 5. 83.95 feet following the arc of a circular curve to the right, said curve having a radius of 100.00 feet, a central angle of 48001706", a chord bearing of North 79000'48" West, and a chord distance of 81.51 feet to a point; 6. North 54'5745" 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 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°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 arc 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 20'47'31" West, and a chord distance of 1.46 feet to a point on the Northerly line of Aspen Cove Subdivision, Blocks 1 and 2 (Book 31, Page 1895, Records of Ada County, Idaho); thence following said Northerly line North 89°02'86" West a distance of 32.61 feet to a point; thence following 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 said Easterly line North 70012'07" West a distance of 47.38 feet to a point; thence following said Easterly line North 25010'44" 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 89002'56" West a distance of 34.06 feet to a point on the centerline of the Ridenbaugh Canal; thence leaving said Northerly right-of- way line and following the centerfine of said Rldenbaugh Canal the following four courses: 1. North 32006'19" 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°2412", a chord bearing of North 07°24'13" East, and a chord distance of 125.37 feet to a point; 3. North 170ir53" 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 feet, a central angle of 20°10'12", a chord bearing of North 07012'47" West, and a chord distance of 52.53 feet to a point; thence leaving said centerline South 89°02'52" 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°3759", a chord bearing of North 18°4957" East, and a chord distance of 65.28 feet to a point; thence 485.19 feet following the arc of a reverse curve to the left, said curve having a radius of 535.00 feet, a central angle of 51 *57"41", a chord bearing of North 00024'51" 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, said curve having a radius of 20.00 feet, a central angle of 78°30'54, a chord bearing of North 12°51'45" East, and a chord distance of 25.31 feet to a point; thence North 5200773" East a distance of 135.23 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 3502470" East, and a chord distance of 359.51 feet to a point; thence North 18041'27" East..' South 71'°18'33" East a distance of 1 having a radius of 280,0(y feet, a ce - is a point; thence 634.05 feet followhf f,p 47"48`02", a chord bearing of So South 86°12'34" East a distance of dC i a radius of 320.00 feet, a central ang {sf; thenceOf South 8903428" East a distance of 65..53_feet#o,4 pp1 t; t1Bti ce North 00025'32" East a distance of 2"," a-fe,4tto a Ro9tit; thence South 89°34'27" East a distance of 000 feet to point; t�ta[riCe South 89°18'32" East a distance of 101:49 feet to the -Point of Beginning. and -a 1804 curve of 1..58.58 feet to al 9kngh3 of e having a point; ADA COUNTY RECORDER Christopher D. Rich AMOUNT 55.00 16 BOISE IDAHO 11/28/2012 03:54 PM DEPUTY Lisa Irby SimpElectronic Recording I IIIIII VIII VIII IIIIII IIIIII VIII VIII IIII Illlh III VIII IIII INRECOROR DED -REQUEST OF 'I "fidelity National• Tide FIDELITY NATIONAL TITLE - BOIS 112124813 _ Inaaftnee Compaq WARRANTY DEED FOR VALUE RECEIVED DBTV AGRICULTURAL HOLDINGS LLC, a Delaware limited liability company who acquired title as DSTV LLC, a Delaware limited liability company GRANTOR(s), does(do) hereby GRANT, BARGAIN, SELL AND CONVEY unto: DBTV SOUTHRIDGE FARM LLC, an Idaho limited liability company. GRANTEES(s), whose current address is: 6152 W Half Moon Lane, Eagle, ID 83616 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 expresslymade 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 thisay of November, 2012 DBTV Agricultural HQJdin-CMLLC, a Delaware limited liability co pany By: Corey D. BaKon, Manager By EAMI LLC, a Delaware limited liability company, Its Manager By: Timothy W. Eck, Manager Deed -Warranty Deed -Warranty EXHIBIT "A" is/ 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 l 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 518 -inch steel pin monumenting the West one -sixteenth Corner common to said Section 23 and Section 14, Township 3North, 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 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-wayline 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. c South 8911425" East a distance of 179.46 feet to a point; South 8919'41" East a distance of 625.35 .feet to a point; 1 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 l having a radius of 20.00 beet, a central angle of 90109'34", a chord bearing of South 45°43'29" West and a chord distance of 28.32 feet to a point; Thence North 8901 F44" West a distance of 507.62 feet to a point; Lmu&arpeflydiite6txre v Site Planning • Gill Engmem og • Golf Cowrie Imgaliau e5 E inseriuq Gmfikc Gwomeriricalion { 462 E. Shore Drive, Ste, 100, Ea0e, Idaho 83616 • P 208.939.4041 - 208.939.4445 ww�-, tiie wdgm G:\2006\06361\Admin\Leos\RECORD OF StIRVFY\11_090426_06361southrideccarcel 5.doc Page 1 of 3 i i f EXHIBIT W Iaxdreape �bxbititlsn • Sixe Alos�ixg • CtxilEng�ree�iug • Gofj`Comnv Tnigalios & Enginear� '•Gmplilr t onrmanication 4621E. Shore Drive, Ste. 100, Eagle, Idaho 836160 P 208.939.4041 F 208.939.4445 • VM-W.theian L2upin4 coni G \2006\06361\Admin\begals\RECORD OF SURN�L?Y\ll 090420_06361_souduidge—pared 5.doc 4 Page 2 of 3 i R EXHIBIT W Page 4 of 4 I. 119.46 i625.35 s89*14'25'e s89*19'41 "e N1 DO 089°11'44"w 30TE .409.49 J11 E0 ri �p b Tule: Date: 04-20-2009, kalc.-A inch 240 feet 77, Fide: Tract I f 13 A69 Ams: 58 5 Sq Feet: Closure,= s82.3343w 0.00 FeeL Pricision > 1 /999999: 'Perfincter 671 4493 Feet, 001=s89.1425e 179,46- 007=05.4816*409.49 013=s69.3700* 34.96 002--sS9.1941e. 62535 5 'O.VW1 65 014-�mA.5323644.93,. 003:�:00.3842w264.01 R&R 3 i-SW.K5i1W-16.074 Bcrdl�Mw, Chd-140.29 ID15=05.0637w136 jM34, 004. M30�= OF1O=sOOA8J6W'35M7 M. R Z 0G5=.=n89.1j44w 507.62. 011=n6l.2903w 150.70 0.4. ZW�5121 5.00W - .11 6� 0&1-37'05 357, EXHIBIT "A" Page 3 -of 10 � - NC _qMq SA_ ' c N .O Ym1 O_ H�f1�a_ �a G C r � 7 d' m µ Z. '0) - tl.d iw O W O. ) CO Of 'p �.. '. mCC Q 'gyp 0 oo 0 0. " gy p o 0 43 C ct Z 'C aj �1 :tet 41, � - ' _ - _qMq SA_ _ NO_ Ym1 O_ H�f1�a_ �a � m µ - -m ,., W 'gyp ♦ oo � fi F z z z• D 2 z� i s r• �. � -.N� 'dN tp d �_ ,_$ at •rnF q_ - "�v •a TSG o6 "�.`�im$ �6 ad � �_ �, b. ^' • �_ _ 'v - �. Wz N A G F H Y N n~ „n�qi m �Ti N f �� a • 3 _ a� �n a :�i r�i •yrs k3g"� r rWE n'�`. "�� a•. n �n n m w N N.rn.r n 'r gyp. p/f ee7� OWp �0 .,�°� •� y� a as _ , � �� ; y� �j8'A ♦ p 8 _ - O p13 O pp . S `� b 'jam b_ p O f I � - ' _ - _qMq SA_ _ NO_ Ym1 O_ H�f1�a_ �a � m µ - -m ,., W 'gyp ♦ oo � fi F z z z• z 2 z� i ^ r• �. � -.N� 'dN tp d �_ ,_$ at •rnF q_ - "�v •a TSG o6 "�.`�im$ �6 ad � �_ �, b. ^' • �_ _ 'v - �. Wz N A G F H Y N n~ „n�qi m �Ti N f �� a _ 3 1n rs��sQr k3g"� r n'�`. "�� a•. n �n n m w N N.rn.r n 'r gyp. p/f ee7� OWp �0 .,�°� •� y� a as _ , � �� ; y� f I t3 c'i iS i3 '�c�ex'i ES 2S3tf�v TITEt U' •.�TTw _qMq SA_ _ NO_ Ym1 O_ H�f1�a_ �a � � µ W � fi F z z z• z 2 z� i ^ r• �. � -.N� 'dN tp d �_ ,_$ at •rnF q_ - "�v •a TSG o6 "�.`�im$ �6 ad � �_ �, b. ^' • �_ _ 'v - �. Wz N A G F H Y N n~ „n�qi m �Ti N �i �� •1 _ n'�`. "�� a•. n �n n m w N N.rn.r n 'r gyp. p/f ee7� OWp U' •.�TTw _qMq SA_ _ NO_ Ym1 O_ H�f1�a_ �a � � µ W _ <� y� Nyy�T�N tp Ci '�m.p-� Yi_ -^ q_ _ _pp b+ _ n � �_ b. ^' _ �_ •. Wz N A G F H Y N n~ m N m-yn� O. O •1 _ n'�`. "�� a•. n �n n m w N N.rn.r n 'r gyp. p/f ee7� OWp EXHIBIT °A", Page 10 of 10 Fidelity National Title 7nsnrance 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 "CElectronic Recordi "CORDED -REQUEST OF ��ng �III pill�� pill III�II Mill II��I 1�1 11111 �1�1�� 111 pill lill 111111RECOR 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 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) 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 ZV day of November, 2012 DBTV Agricultural Holdings, LLC' By: CoreyD. _ ,"nager By: EAMI LLC, Its Manager By: Timothy W. Eck, Manager Order No. 1076731 -Ip Deed -Warranty Order No. 1076731 -Ip State of Idaho County of - On this 7Y 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 to be the pers (s) whose name is/are sub cr bed to the within instrument as the Manager of DBTV ltural Hollings L�- and aql ngWledged to me that he executed the same as such Ma ager. f i NU •,, -_� 'soy Public Residing at My Commission Expires: 12 State of Idaho � County of On this -4 day of November, 2012, said state, personally appeared Timothy whose 4me is/are subscribed to the wi e pager of DBTV Agricultural Hold' the s me as sucf -Manager, Notary Public Residing at My Commission Expires: Order No. 1076731 -Ip Deed -Warranty :11•i2 2Ai6 -ws �4 U14: To z before me the undersigned, a Notary Public in and for W ck known or identified to me to be the person(s) En instrument as the Manager of EAMI LLC which is gVLLC and acknowledged to me that he executed �iap18 My Order No. 1076731 -Ip Parcel II : S1223212404 EXHIBIT "A" 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 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 89119'41" 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 75148'16" 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 53107'56" 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 16107'43", 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 61129'03" 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 48153'57", a chord bearing of North 85156'02" 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 14153'23" East, a distance of 44.83 feet to a point; North 75106'37" 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 09102'08", 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 58123'34" 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 4 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 Road, from which a found 'h -inch steel pin monumenting the Northeast corner of said Section 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 00038'49" 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 28°49'56" 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 18°41'27" 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 35°24'20" 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 52°07'13" 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 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 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-way line; 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 68°52'24", 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 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 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 140.29 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 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 8911'44" 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 0038'42" 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 89°19'41" East a distance of 40.05 feet to the Point of Beginning. Order No. 1076731 -Ip Deed -Warranty ADA COUNTY RECORDER Christopher D. Rich AMOUNT 55.00 16 BOISE IDAHO 11/28/2012 03:54 PM DEPUTY Lisa Irby SiRe Electronic Recording I (VIII VIII VIII IIIIII IIIIII VIII VIII IIII IIIIII III VIII IIII IIII Title OF Fidelity NationalTide FIDELITY NATIONAL TITLE - BOIS 112124813 Inonrance Company WARRANTY DEED FOR VALUE RECEIVED DBTV AGRICULTURAL HOLDINGS LLC, a Delaware limited liability company who acquired title -as DBTV LLC, a Delaware limited Inability company GRANTOR(s), does(do) hereby GRANT, BARGAIN, SELL AND CONVEY unto: DBTV SOUTH.RIDGE FARM LLC, an, Idaho limited liability company GRANTEES(s), whose current address is: 6152 W Half Moon Lane, Eagle, ID 8361. 6 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) ° islare the owner(s) in 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 currentyear, which are, not yet due and payable, and that Grantor(s) will warrant and defend the same from all lawful claims whatsoever. Effective thisay of November, 2012. DBTV Agricultural Hgldin-gs)LLC, a Delaware limited liability corApany / By: Corey D. BaKon, Manager By EAMI LLC, a Delaware limited liability company, Its Manager By: Timothy W. Eck, Manager Deed -Warranty Deed -Warranty EXHIBIT "A" ►� fes. �'1 ► ,w THE LAND GROUP„ INC. j F 4 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 Worth One Half of Section 23, Township 3 North; Range l West, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: f Commencing at a found brass cap monumenting the NorthOne Quarter of said Section 23 on the centerline of West Overland Road, from which a found 5/8 -inch steel pin monumenting the West one -sixteenth Corner common to said Section 23 and Section 14, Township 3` North, Range I West, Boise Meridian bears North 89°14'25" West a distance i of 1,326.15 feet; F 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 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 e following two (2) courses: l F South 89°1425" East a distance of 179.46 feet to a points I South 899941" 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; 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 t South 45°43'29" West and a chord distance of 28.32 feet to a point; Thence North 8901 F44" West a distance of 507.62 feet to a point; J Lamr &< Pe Arbiteawe • .Site Planning • (: it Exgineerixg • Galf Coxre 1-taimn e9` Enginnmrg • Grojiki C.:q--w—_a*ax 462 E. Shore Drive, Ste, 100, Eagle, Idaho 83616 • P 208.439.4041 F 208.939.4445 • yvw�v.rhelaadgLcw- 'nc.com G:\2006\06361\ kdmin\Legis\RECORD OR SORvT-,Y\l(_090420_06361_southridgc_parcel 5.doc Pagel of 3 R Ln:rd ,ape.fxbit ajvtr • S;M Planning • Cwl Engineering • Golf Course Tmgation & Engineenig *Graphu Commaniration 462 E. Share Drive, Ste. 100, Eagle, Idaho 83616 • P 208.939.4041 "F 208.939.4445 • www.theiandgToun� inc.Con G7\2006\06361\Admin\l.egals\RECORD OF SURX'LY\U-090420_06361_southridge—pafcci 5.doc Page 2 of 3 : EXHIBIT" "A Page 4 of 4 4' 1 t (} 179.46 625.35 r- sR9°7425"e s89019'41 "e 3 i1: NA 00 v n89°11'44"w ' s IS°AS's b 507.62 409.49 ` . 3 rf $ 04 2200 s0de: 1` inch = 24U feet File: 1r 1. 13.469 Acres: 586715 Sq Feet: Closure = s82.3343w 0.00 Feet Precision > l/999999: Perimetea =4493 Feet 00I=589.1425e 179,46 007=s75.481'6* 409.49 013=s69.3700w 34.90 :. 002=s89. i 94i a 625.35 DOB u R=K% vd�5,2041 m5aw c>,a=61.67 �R 014�r14.5323e 44.83- 003=s00.3842w 264.01 so0�0�n�da=1d.m43 Ba 733o2w, Out -140.29 - O15=n75.0637w 7.36 WkR=20:Og i)elh-90.0434 B 3,4329w, 028.32 U10 00 4816W 353.17 016: R=9SZ25 Daka-09.OM ,, , 501)e, G+ddm150.02 . € { 005=n89_i1,44w 50?.62 011=n61.2903w 150.70 Man, D°lu �°.44az -. �8?334e, Cd�1016bi -. 3x S ,0000. - ,. Haig-47Ci _, 012: R*375.00 DelhM8.3357 BSSfA2w'�tid 31012 .. _ - s.' E . EXHIBIT "A" X44a r.a vre (EEwsanix • G4cfi w1?twmff & +�a8,vrarrM • C` *'&' 462 F. Short Dmti, Ste, 100,Hag1e, Idaho 83616 * P20&939,4041 F 208.939.4445a.u'pry br a tY\2006\ 3G1\Admits\Itgcle\RFG RI70FSURVHY�I! 090420_06361_souti:xit*-pucda.atu Pagel of3 EXHIBIT "A„ Page 2 of 10 F EXHIBIT -"A" Page 3 of. 10 Ua N , M •� FI . N N Odj � a, n� 3 _ ID ��Y1 a' ON Z OI DCly C 16 3 hPON 00 Lp fi f CO. m — Al .0, .- ^ tV i0 N • Ua •� Ce_ N'O W mm n� 3 ��mp w� ��Y1 ` 3 hPON i V Lp fi f ^ N f� n ^ tV i0 N • 4A � rD •5q t� � ' _ m z 'vf ��azzai z aw _ z z�'• < - H uw y m . _ ' • _ 'v 'br 4 n .y'r z i�vi P T. � � :- h J.$��mmem.n G inn Jl°.n o 9. r7 M� RF3 W �• `J ceigc 1AVIVv� j �t`! ItITT Ua •� Ce_ N'O W mm n� 3 ��mp w� ��Y1 ` 3 hPON i V Lp fi f ^ N f� n ^ tV i0 N • 4A � rD •5q t� � ' _ m z 'vf ��azzai aw z7n z z�'• < - H W z J.$��mmem.n inn Jl°.n o 9. Ua •� Ce_ N'O W mm n� 3 ��mp w� ��Y1 ` 3 hPON itn _� _� m z 'vf ��azzai aw z7n z z�'• < - H Z z EXHIBIT "A" Page 10 of 10 ADA COUNTY RECORDER Christopher D. Rich AMOUNT 19.00 4 BOISE IDAHO 11/28/2012 04:27 PM DEPUTY Nikola Olson SrECORe Electronic Recording I IIIIII VIII VIII IIIIII IIIIII VIII III VIII IIIIIII III VIII IIII IIII RECORDED -REQUEST OF After recording return to: FIDELITY NATIONAL TITLE - BOIS 112124962 Linder 109, LLC 6152 W. Half Moon Lane Eagle, ID 83616 PARTIAL SATISFACTION OF MORTGAGE Know 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, 2012, as Instrument No. W-1 V0-15 , 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 EXHIBIT "A" Said .Mortgage is and will remain in full force and effect as to the remainder of the real property therein described. Dated this 2 is day of November, 2012. Northwest Loan Acquisitions LLC By: EAMI, LLC Its Manager N4 e Timothy W. Eck Its Manager PARTIAL SATISFACTION OF MORTGAGE - 1 1U0188.0031D0CSV'8rtial Satisfaction (5.74 (kcres) 121119.doc STATE OF IDAHO } ss. County of Ada ) On this 74 day of November, 2012, before meVY— UA,&C L Wil' , 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 t my hand,�zid aux my offic• 1 seat the day and year in this certificate first above wri cn. % ► A N y Public for Idaho L Residing at pwnginMeffen Idaho My Commission Expires O �y j65& �i K ji •12-2016 •' X11 ••Poo. '•ti : d• ,J0 � 4: • ar 64 ••.....••�ti�lb STN ,•••. PARTIAL SATISFAcTiON OF MORTGAGE - 2 1A10188.003\DOMPartial Satisfaction (5.74 acres) 121119.doc EXHIBIT "A" Parcel II : S1223212404 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 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 9000934", 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 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 85156'02" 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 09002'08", 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 64144'02", a chord bearing of North 58023'34" East and a chord distance of 1,016.61 feet to the POINT OF BEGINNING. Fidelity National Title Insurance 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 SimpOR Electronic Recording I IIIIII VIII VIII IIIIII IIIIII VIII III VIII IIIIII III VIII (III 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 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) 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 ZV day of November, 2012 DBTV Agricultural Holdings, LLC' 'BC D. rt; Manager By: EAMI LLC, Its Manager By: Timothy W. Eck, Manager Order No. 1076731 -Ip Deed -Warranty Order No. 1076731 -Ip State of Idaho i County of On this yW 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 pers (s) whose name is/are sub cr bed to the within instrument as the Manager of DBTV ulturai Hollings L) and ac�n*ledged to me that he executed the same as such Ma ger. %r `,............... �(' �.NU • O y' Notary Public Residing at My Commission Expires: ,` ; State of Idaho Vb I f�� County of On this _"0 _ day of November, 2012, said state, personally appeared Timothy whose dime is/are subscribed to the wi e nager of DB -TV Agricultural Holdyn the s me as sucl;i Manager. , Notary Public Residing at My Commission Expires: Order No. 1076731 -Ip Deed -Warranty ROOM in WMw' :11-12 2D16 NN before me the undersigned, a Notary Public in and for W ck known or identified to me to be the person(s) in instrument as the Manager of EAMI LLC which is `g LLC and acknowledged to me that he executed q�e;11.12'�1$ NN .-00 j • J� :fid••• Q. •••� ••,11110•..10n.sss t,,,, before me the undersigned, a Notary Public in and for W ck known or identified to me to be the person(s) in instrument as the Manager of EAMI LLC which is `g LLC and acknowledged to me that he executed q�e;11.12'�1$ NN 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 89114'25" 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 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 89119'41" 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 83118'16" 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 87153'02" 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 14153'23" East, a distance of 44.83 feet to a point; North 75106'37" 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 09002'08", 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 4 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 Road, from which a found 'h -inch steel pin monumenting the Northeast corner of said Section 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; 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 89°19'29" East a distance of 250.00 feet to a 5/8 inch steel pin; thence South 00°38'49" West a distance of 137.22 feet to a point; thence South 28°49'56" 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 35°24'20" 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 3523'08" West a distance of 26.28 feet to a point; thence South 52°07'13" 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 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 to a point; thence leaving said Order No. 1076731 -Ip Deed -Warranty Order No. 1076731 -Ip northerly right-of-way 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 8 courses: North 03028'17" West a distance of 188.54 feet to a point; North 8631'43" 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°5429" 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; 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 62045'31" 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 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 140.29 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 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 1500'00", a chord bearing of North 83`18'16" East and a chord distance of 137.05 feet to a point; thence South 8911'44" 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 4543'29" East and a chord distance of 28.32 feet to a point; thence North 0038'42" 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 89°19'41" East a distance of 40.05 feet to the Point of Beginning. Order No. 1076731 -Ip Deed -Warranty Title One a title & escrow co. Order No.: A0985202 For Value Received, ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 22.00 5 BOISE IDAHO 12/02/10 02:30PM RDEPUTY Vicki A Allen ECORDED-REQUEST OF IIIIIIUIIIIIUIII Ill 11111111111111111111Rill TITLEONE BOISE 110113538 WARRANTY DEED 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 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 31, 2009 Warranty Deed Page 1 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 Limite Liability Company that execute44he instrument or the person(s) who execute the =ini6nt on be f of said Limited a ility Company, and acknowledged to me that ed Li ility Cofilpany, a e"Wted the same. Notary Public Commission Expires: Residing at: Residing in Meridian, ldaho My Commission exgres:11.12.2010 Warranty Deed Page 2 of 5 �1CILEE ''•,,, C.. s �A OBLIC a• Jt I D NY, Exhibit A Parcel l (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°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, 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 arc 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 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 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 of 19124'07", 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 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 91'53" 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°27'42" 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 T' 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 72°17'28" 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°35'25", 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 arc 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 4 80. 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 00°42'26" East and a chord distance of 447.12 feet to a point: 4. South 36°2755" 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 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 49024'12", a chord bearing of South 07°24'13" West and a chord distance of 125.37 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 said Section 23, North 89°02'56" West a distance of 712.43 feet to 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 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 00037147" 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'l 1'20" 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 arc 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 Ilrylg pl� lll� ryl� pll �lyl llr� l�l �l'nIN gIY Nil llll RECORDED -REQUEST OF 11 p ■ II I1 IN 1 Ilp 111 a pl TITLEONE BOISE 110113591 Title_One a title & escrow co. _w nr°+f1Nil IlAnif! 10 /1P IR,� RECOR©ING 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 l (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 aA 2010 Corey Barton Homes, Inc), an Idaho corporation dba CBH Homes BY:� Corey D. Barton, President 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. A&u-, M)��: Notary Public ` Residing at: \) a My Commission Expires: —b Warranty Deed Page 2 of 5 N9 /0 m pBasMas 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°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, 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 arc 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 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'l T51 " 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 arc 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 F53 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 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°27'42" 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 20'1 V27" East a distance of 103.24 feet to a point; Thence South 72°17'28" 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°35'25", 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 arc 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 83112'27" 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 00°42'26" 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 150.00 feet, a central angle of 20°10'12", 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 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 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 671120" 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 arc 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. Warranty Deed Page 5 of 5 TiticOnc a title & escrow co. Order No.: A0985202 For Value Received, ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 19.00 4 BOISE IDAHO 12/02/10 02:30PM pgIIN REPUTY CORDS -REQ len IIIIRNINgI�111I��I�11I111�uIN11NNI1N11� RECORDED -REQUEST OF TITLEONE BOISE 110113539 WARRANTY DEED 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 Linl BY: J warranty Deed Page 1 of 4 State of Idaho County of Ada On this 31 st day of December, in the year I James L. Jewett, known or Liability Company t4q exec ;nt on behf of said'Lfihited Commission Expires: Residing at: Warranty Deed Page 2 of 4 '009 efore me, the undersigned, personally me to be the manager or member of the ze'instrument or the person(s) who execute the ity Company, and acknowledged to me that the same. Residing in Medan, Who. My Commission expires:.11.12.2010 Exhibit A Parcel 3 (Southridge 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; Thence following the southerly line of the Northeast One Quarter Corner 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 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 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 17017'53" 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 20'10'12", a chord bearing of North 07'12'47" 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 point on the easterly easement line of said Ridenbaugh 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 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°27'55" East a distance of 34.82 feet to a point; 3. Northerly 480.10 feet following the arc of a circular curve to the left, said curve having a radius of 370.00 feet, a central angle of 74°20'42", a chord bearing of North 00°42'26" 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 52°03'57" East a distance 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 feet to a point; Thence North 52°07'13" East a distance of 118.95 feet to a point; Thence northeasterly 11337 feet-following the arc of a circular curve to the left; said == curve having a radius of 195.00 feet, a central angle of 33°25'46", a chord bearing 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 11'50'08", a chord bearing of North 56°02'38" 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 10°10'24", 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 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 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 arc of a non tangent 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 to a point; Thence South 7118'33" 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 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 having a radius of 20.00 feet, a central angle of 78°30'54", a chord bearing of South 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 51 °57'41 ", 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 arc of a reverse curve to the left, said curve having a radius of 275.01 feet, a central angle of 13°37'59", a chord bearing of South 18°49'57" West and a chord distance of 65.28 feet to a point; Thence North 89°02'52" West a distance of 199.65 feet to the POINT OF BEGINNING. ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 19.00 4 BOISE IDAHO 12/02/10 03:09PM DEPUTY CORDE -REQ len(IIIIppllltlpgl��l'pIpIII�pIgIII'plygltl�IlNl RECORDED -REQUEST OF II99 p '1 N 1111 NN II p R 11111 fl TITLEONE BOISE 110113587 TitleOne a title & escrow co. ACCOMMODATION 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 lba 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 3 (Southridge Parcel 1B). 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, 2010 Corey Barton Ho es, c., an Idaho corporation dba CBH Homes BY " Corey D. Barton, President Warranty Deed Page 1 of 4 State of Idaho, County of Ada, ss. On this 1-� 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. Notary Public \ Residing at: NA My Commission Expires: Warranty Deed Page 2 of 4 ,%mamb v ;PCIBL1G ,CO , Q 0 EXHIBIT A Parcel 3 (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 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 southerly line of the Northeast One Quarter Corner 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 Ridenbaugh Canal the following four courses and distances: 1. North 32006'19" 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°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 apoint; 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 20°10'12", a chord bearing of North 07°12'47" West and a chord distance of 52.53 feet to a point: Thence leaving the centerline of said Ridenbaugh Canal, South 89°02'52" East a distance of 70.07 feet to a point on the easterly easement line of said Ridenbaugh 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 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°2755" East a distance of 34.82 feet to a point; 3. Northerly 480.10 feet following the arc of a circular curve to the left, said curve having a radius of 370.00 feet, a central angle of 74°20'42", a chord bearing of North 00°42'26" 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 52°03'57" East a distance of 114.78 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 feet to a point; Thence North 52°07'13" East a distance of 118.95 feet to a point; Warranty Deed Page 3 of 4 Thence northeasterly 113.77 feet following the arc of a circular curve to the left, said curve having a radius of 195.00 feet, a central angle of 33°25'46", a chord bearing 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 11'50'08", a chord bearing of North 56°02'38" 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 10'10'24", 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 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 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 arc of a non tangent 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 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 52°07'13" West a distance of 135.23 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 78°30'54", a chord bearing of South 12°51'45" 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 53 5. 00 feet, a central angle of 51 °57'41 ", 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 arc of a reverse curve to the left, said curve having a radius of 275.01 feet, a central angle of 13°37'59", a chord bearing of South 18°49'57" West and a chord distance of 65.28 feet to a point; Thence North 89°02'52" West a distance of 199.65 feet to the POINT OF BEGINNING. Warranty Deed Page 4 of 4 Title One a title & escrow co. Order No.: A0985202 For Value Received, ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 22.00 5 BOISE IDAHO 12/02/10 02:30PM RECORDED -REQUEST -REQ len II�IIMIIII'll/IIIIIIIIIII�IIIUNIp'I'prylllfll�IIIIMI RECORDED -REQUEST OF 119 11 11 IININH pll IM TITLEONE BOISE 110113540 WARRANTY DEED 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 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 4n this 31 st day of December,in they 2009, before me, the undersigned, personally appe d James L. Jewett, known or, ' e tified to me to be the manager or member of the e Liabilit Comp that e c ed the instrument or the person(s) who execute the inst�ent one If o �s L' t Liability Company, and acknowledged to me that mited i2bili Cd] executed the same. Notary Public Commission Expires: Residing at: Residing in Mendlan, Idaho MY Commission ex0es:1112.2010 Wan -duty 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 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 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 54000'16" 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 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 45021'22", 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 47039'35" 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 arc 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 58°57'49" 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 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 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 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 14053'23"East adisfiiice of 79.42 feet to a 578-1nch sfeel pin on the centerline �^ 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 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 61°29'03" 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 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°11'20" 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 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 arc 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°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°10'38" West, and a chord distance of 41.30 feet to a 5/8 -inch steel pin; --Thence South 49027'42" West a distance of�50-M feet to a 518 -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 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 44146'24", 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 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 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 79°1353", 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 arc 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 Olson RECORDED -REQUEST IIIIII'�Iy�I�NI�nII�IgIII�uI��II'�I�HI��II�I OF ry p B II n N u TITLEONE BOISE 110113590 Tit1eO_ne a title & escrow co. ACCOMMOnATION1 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, 2010 Corey Barton Hones, Ixifc., an Idaho corporation dba CBH Homes BY: Corey D. Barton, President Warranty Deed Page I of 5 State of Idaho, County of Ada, ss. On this c7j day of December in the year of 2010, before me, the undersigned, a Notary Public in and for said State, personally appeared Corey A 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. �161� Notary Public Residing at: G 1 V1, G , T My Commission Expires: ( Warranty Deed Page 2 of 5 ®a. 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 25°08'21" 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 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 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 arc 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 58°57'49" 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 38°26'04" East and a chord distance of 287.21 feet to a 5/8 -inch steel pin; 3. 3 93.8 8 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 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°53'23" East a distance of 79.42 feet to a 5/8 -inch steel pin on the centerline of the Ridenbaugh Canal; Warranty 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 61'29'03 " 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 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 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 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 arc 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°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°10'38" 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 36°01'32" East a distance of 50.07 feet to a 5/8 -inch steel pin; Warranty Deed Page 4 of 5 Thence 3 3. 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 F52" 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 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 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 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 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 5/8 -inch steel pin; Thence 21.93 feet along the are 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°3849" 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 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: 1. 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. 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). Dated this 1L) day of S FiD�P �oer' ' , 20_ (Signature) SUBSCRIBED AND SWORN to before me the day and year first above • Zg KCL �• TA� • (Notary Public for Idaho) ■ �� Residing at: '• �` My Commission Expires: (�L-05— 1 (� ;•sj,,pCIg1,1G 40 r �•: � OFIDP"' 33 E Broadway Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6678 • Website: www.meridiancity.org a 0 AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) COUNTY OF ADA ) I DBTV Southridge Farm, LLC (name) (address) (city) (state) being first duly sworn upon, oath, depose and say: 1. 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. 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). Dated this � � day of'sed2A�� , 20 / (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. �jA*�' 1 (Notary Public for Idaho) v � r 1'Residing at: (J .�'� My Commission Expires:or Z �� 33 E Broadway Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6678 • Website: www.meridiancity.org wto m i iii E IDIAN. Community Development Department 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: S1223244510- T/R/S: S1223131360 - 51223131220 S1223142035 S1223212404 S1223120934 3N 1W 23 Address Verification Rev: 04/23/12 �8 og a� A,....... � A 'NOO'%'19'E 2629.46'- .°y I3 0..... R 2 70,.927 — r t � W S. TEN MILE RD. 1714.78' 61'1 120 �I 6r7 ' rvm' o 00 .y N00'46'a3•E S � � px/� .i ino,n• Z sa .1/ I m �. NOI - / , ~I O g S So "0 N10'p6'l0E 231,17 / N� +F> 1 Fl / N S V / 1� . • ......... .. 4100'37'47"E, / 637.73. .... ... 12, > .. ...... g \\71ANSI \\4 +F 1 1 ism o F7> s - I N00'38'41E 36.14' / = I a D W 12.7 / 16 ;3i P 8s � •1710.83'• z o - P q Y._ SF I 176105' — o £ f ' .. .........................500'41'26"W 2650.67. . 8 BASIS OF BEARING z S. UNDER P.D. 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