Recreational Properties Inc Golf Course Lease Matter MemoRECEIVED
interoffice
MEMORANDUM MAYORS OFFICE
CITY OF NEERrDVI-N
To: Mayor Robert D. Corrie and Council
From: Wm. F. Gigray, III
Subjeet: RECREATIONAL PROPERTIES, IN ., GOLF COURSE LEASE MATTER
Date: September 14, 1999
Mayor Corrie and Council:
Please find attached, to this memo, a copy of a fax transmission I
received from Gerry Mattison, of the Idaho Independent Bank, with the attached
final copy of the Leasehold Deed of Trust.
The differences, from the draft copy, includes an increase in the amount
that could be advanced against this lien of up to $1,800,000.00, and a reference to
two principal amount Credit Lines of up to $900,000.00. Please note also that the
Schedule C, ACCEPTANCE OF LESSOR, which they require the City to execute,
there is a provision that the City agrees to the Assignment of Lessee's interest to the
Bank and that the Lessee is not in default under the Lease, see part 1. The Schedule
C also provides that the City agrees to subordinate any lien it may obtain, see part 4.
This means if the City got a judgment against the Lessee, for rent due, the judgment
lien would be subordinate to this proposed lien.
This is for your further consideration on this matter. I requested the
Bank to send instructions as to what it is requiring the City to do at this point, and
the enclosed was in response to that conversation I had with Gerry Mattison.
msg/Z:\Work\M\Meridian 15360M\CherryLane Land Exchange\MayorCouncil091499.Mem
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IDAHO INDEPENDENT HANK
113 L• . IDAHO
P. O. BOY 1178
MERIDIAN, ID:iIIO 836 80 - 1 1 7 8
PHONE: (208) 288-0810 FAX: (208)288-0805
FACSIMILE TRANSMITTAL SHEET
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THIS PACSINILR TRANSMISSION AND/OR TJIE DOCLNENTS ACCUMPANYING IT MAY CONTAIN CONNIDINTIAL INPORb1ATION0ELONGtNG TO
THE SENDER. THE INPOIt LIATION IS INTENDED ONI.t" r011 TIIE USC OF THE INDIVIUVAI. Olt LINTITY NAMED AuOVti. (P YOU .1,R8 NOT TI+F.
INTKNUCU rtuCIPtENT. YOU ARE HRRL'DY NOTIP)PO THAT ANY DIS(;LOSLKL. COPYING. DISTRIPVTION OR TI{IS TAKING OF ANY ACTION
WITH REGRI) TO Tlili CONXIINTS OP THIS INFORMATION IS STRIC7LY'ROHr9ITFU. IP YOU NAVZ RECEIvt.P THIS TRANSMISSION IN KKROII
PLEASE NOTIFY OUR OFFICE AT=nx._ym.uylu TO ARRANGE FOR THP. RKl'u KN JF TILE DOCUMENTS
Aller Recordatlon Fetum to:
LEASEHOLD DEED OF TRUST
-7 777
CHERRY LANE RECREATION, INC.
AN IDAHO CORPORATION
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120b M. TAtANORET
lERIOIANs IDAHO 83142
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205 -BBB -1080 e2-0344330
CHERRY LANE RECREATION, INC_
AN IDAHO CORPORATION
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0i1f_ TAtIANORE
10IAN, IDAHO 83s4z
tory/tto;r;,It.::;,;;:.. ;; itrerlrtelcnTlcNNo?.,'-,;Ls' df i:`;;,
'855-1050 82-0344330
-r 5151 V. RIFLEW STREET, BOISE, IDAIO 83704
In consideration of the loan or other credit accommodation hereinafter specified and any future advanced or future Obligations, as dented herein,
Which may hereafter be advanced or Incurred and the trust hereinafter mentioned end other good and valu-bl- consideration. Ulm recalpi and
sufficiency of which ars hereby Selina lea Grantor here Irrevocably bargains, sells, Iran■lera, greats, conveys and saslgne to Trustee, ilia
ouccessofs and assigns, In trust, to _. I PANG 1NOEPENoosr
the bdule Aary under this Deadsuch of Trust, with power of tact mtl right of entry and possession all of Grantor's Interest In that contain lease desommbod
Schin
edule A phe 'Lean^), such leasehold 031616 being located on the lend described In Schedule B (the 'Land? together w1Un all present and future
tenements, haredilaments, and appurtenances; and the revefslone, remainders, rents and profile pe'L ning to Ihe roan progeny (cuand future
Propertyy; to have and to hold the Properly and the rights hereby granted for the use and benefit of nothing ,hid etrrxeswn and melena, until
tively
payment In full Wall Obllgaaorne moculaq hereby.
Moreover, In funher consideration. Grantor does, to Grantor and Grantors heirs, representatives, successors, and assign@, hereby expressly
warrant, covenant, and sets- with Larder and Trustee and inert aueeeeeare and assigns as follows:
I. OBLIGATIONS. This Geed of Trust shelf secure Ilia payment and performance of alt present and future Indebtedness, IlablllUes, obligations and
covenants of Borrower er Grantor (cumuladvely'Oblloallonq la Lander pursuant to:
(ate Ihl� ss or Trust and the (ello" gTTk cry notes and other soreement--
VAR IABLE $500,000.00I 09/09/99 I 02/22/00 I 051112&y
VARIABLE 5100,000.00 09/09/99 II 02/22/00 f1
05111289
I or amp present h (inure forego ngreemegls Ihw� Lander whjdj ia,- specifically to Ilhld 0664 of rf vs1 �wrysUior eaeeu{ad Her Ihe creme of
dlfforenl purposes !flan the foregoing):
(c) any guaranty of obligations at other Wide elven to Lender now or hereafter executed wldoh rotors to this Oared of Treat:
-rf future advances, whether Obligatory or rentor optional, to the same extent ea If made contemporaneously with tits smeardan of Ihls Dead of
rrual, made or extended to or on behalf o! Grantor or Borrower. Grantor agrees mal If oris of the Obligations la a 11.10 of aedti, the Ilan or this
Dead of Trust Shell 0011tknue until payment In full of all debt due under the line nolwilhatendln0 Ihe fact that from Ume to dna (but bailee
tsrminalltNt OI the Inns) no balance may be eutclard�ingg� �AI no time 61189 the Man of tide Dead of Trust not Including amounts advanced to
protect Ulm ucurlly of [his Dead of Trust, exceed $ 1.RDD.000..00_
(a) all emendrmenle, extensions, renewals, mo
As used In this Paragraph replacements or subatilullo s to any at Ihe loregeing.
Z REPRESENTATIONS.
1, Ihe fnd Borrower &hall Include and also mean any Grantor or Borrower If mare than one.
WARRANTIES AND arms Grantor eCOVENANTS, Grantor represents, warrants and covenants to Lender that
(a) Grantor Shap malnlsin 916 Pfopafty (fee of all Ilene, 960111ry Interests, encumbrances and claims except for this Deed of Trust and those
dasolbed In Schedule C which Is attached 10 this Deed of Trust end Ineor
perform In a timely mannerperaled herein by reference, "Well Grenlor agreed to pay and
(b) Grantor Is In compflance In a5 respeole with ell applicable federal, stale and local taws and regulations. Including, without limllation, those
releling to 'liazargous MlRtedels; as defined herein, and other atwirannlenlal matters (the 'tcnvlronmentel Lawsh. and neither ins federal
government not Ito state whore Ilia properly Is located nor any other gova(nmsnlsl of quem 904e141nanlal entity had Med s Ilan on the
Property, not are (hare any governmental, Jupdal or administrative actions will) raapeot to environmental nutuara pending, of to Ila boat of the
Granlp'3 knowledge, threatened, which Irmahm Ihe Propefly. NalUtO/ Grantor nor, to Iha beat of Grantor's knowledge, any other party has
used, generated, released, discharged, stored, or disposed of any Hazardous Malerlals ad donned herein, In connection with the Properly or
transported any Hazardous Mtilerlala to or from the Properly. Grantor shell not commit of parmlt such actions to be taken In Ilia future. The
,arm "Hazardous Male6e11' shad mean ply substance, material, or west@ which Is or becomes regulated by any governmental eulhomy
Inctuding, but net limited to: (1) pslrolaum; (III fdeble or nonMable asbestos; 0111 polychforineled biphertyla: (Iv) those substances, materiels or
wealee designated as a'hazardous substance' pursuant Ie Section 311 of Ilia Clean Water Actor listed pursuant to Section 307 or the Oman
Water Aux at tiny amendments at replacements to those statutes; (v) those substances, materials of wastes defined As a -hazardous wool@'
pursuant to Section 1004 of the A@Seutce Conservation and Recovery Act or any amendments or replacements 10 that statute; and (A) these
aubstancee. motorists or wealee defined are 4'h0zedou■ substance' pursuant to Section 101 of the Comprehensive Environmental Reoporme,
Compensation and Liability Act, Of any amendments or replacement■ to that statute or any other similar stele or Worst statute, rule, regulation
ar ordinance now or harealtar In offset Grantor shell net Isere or FFarmlt the sublease of the Properly to a tenant or subtenant whose
operations may result In contamination of Uta properly with Hazardous Malerlele of loxle substances;
(e) AM applicable Iowa and 1691112110116 Including, willroul limitation, Ile Americans with Olsa131110ae Act..12 U.S.C. 12101 N seq. (and ail
regulallona promulgalad marounder) and R9 zoning and building laws and regulations rolating to Ise Property by virtue of any Worst, stale or
mufddpal aumorlly with 110181110110111, over Ihe Property, Presently are and shall be tlbsarved and compilad with In all malarial respect@, and all
rights, licensee, permits. and carlllfoalas of oceupanoy (Including but not limped to zoning variances, Special ekcepllons for nonoonforming
uses, and 9na1 nspection approvsls), whether temporary or permanent. which are materials to ilia use and occupancy of ilia properly
presently are and shell be obtund, preserved and, w1 Wit necessary, renewed;
(AAA 15311 Il) r.—Aa-
radx,NngMs. ha. 11 r!fi/mq tmn ^.hl :l rme
(d) Grantor has the right and Is duly authofl2ed to execula and perform he ()bilgatlona under this Goad of Trust and these actions do not and
shall not conflict with the provisions Of Any statute, regulation, ordinance, rola of law, contract or other agreement which may be binding an
Grantor at any time:
(a) No action or pro"Ading is or snail be pending or threatened which might materlally affect the Property;
II) Graniot Is the owner of the tenant's Interest under the Lease and More we no daleulta thereunder. Granfar has good fight and lawful
authority to grant and convey Ila Interest IA the Lasso and Me granting of into Dodd of Trust la nor in violation of any prOWGIOA of the Leese;
(g) Grantor will exercise all renewers of the Leese unless Lander approves of the nonrenewal and will furnlsh proof of payment of any Leese
obligations of Grantor upon request of under; and
(h) Grantor has not violated and shall net violate any statute, regulation, ordinance, rola of law. contract or other agreement (including, but not
limited to, those governing Hazardous Matwlala) which might materially affect the Properly Or Lender's rights or Interest In Ins Property
pursuant to Wal Deed Of Trust
3. INQUIRIES AND NOTIFICATION TO THIRD PARTIES Grantor hereby suthonzas Lender [o contact any third party and maks any Inquiry
ponalnfng to Grantor's financial condition Or Me Property. In addition, Undor is authorized t6 provide oral at written notice of Its Interest In the
Property to any third party.
4. TRANSFERS OF THE PROPERTY OR BENEFICIAL INTERESTS IN GRANTORS OR BORROWERS. In the event of a said. conveyance, lease,
convect for dead or transfer to any person of all Or any pan of the Propeny, any of Grantor's interest or rights under the Loose. or any Interest therein,
or of all or any beno=al Interest In Borrower or Grantor (If Borrower or Granior Is not a natural person or parsons but Is a corporation, partnenhrp,
trust, Or other legal entity), Lender may, At Ila option, declare the outstanding principal Mien" of the Obligations plus accrued interest thereon
Immediately duo and payable. At Lender's request. Grenlo( or Borrower, as the case may be, shall furnish a complete alalement salting foo au of Its
atockholdon, members Of partners, as appropriate, slid the extent at Meir respecilve ownership interests.
5. SUBLEASES AND OTHER AGREEMENTS. Grantor shall not take or fall to lake any sedan which may cause or permit the termination of the
withholding of any payment In connactlon with any subleada or other agreement CAgreemant") pertaining fo Ina Propeny. In addition, Grantor,
without Landers�nor wrluen consent. Mad not:(a) collect any montes payable under any Agreement more than one month In advance; (b) modify
any Agreement: (e) assion or allow a Ilan, security Interest at othar encumbrance to be placid upon Grantor's rights, title and interest In and to any
Agreement at the amounts payable thereunder; at (d) terminate or cancer any Agreement except for the nonpayment of any sum or Other maradal
breach by the other party Marcia. a Grenler resolves at any lime any written communicad" asserting a dafauh by Grantor under an Agreement or
purponing to terminate or cancel any Agreement Grantor snail promptly forward it copy of such communication (and any wbsequent
communications rotating Iherao) to Lander. NI ouch Agreements and the amounts due to Grantor thereunder ere hereby assigned to Landar as
additional security for me Obooallons.
& COLLECTION OF INDEBTEDNESS FROM THIRD PARTY. Lander shall be entitled in notify or require Gramm to notify Any third party Ancluding,
but not limited to, lassoes, keenseec, governmental atomorftiea and insurance companies) to Pay Lander any Indabtednaes or obligation owing to
Grantor with (aspect to the Property (prmuladvaly 'Indebtedness') whatnot of not a default "ars under this Deed of TrucL Granlar shall diligently
collect the Indeolednase owing to Grantor from these third parties unfit the giving of amen notlfkadon. In the event gnat Grantor possesses or receives
possession of Any insifuments or other remittances with Milpaet to (he Indebtedness following the gong of Well notification or II the Instruments or
other remittances eoneiltute the prepayment of any Indebtedness or the payment of any Insurance or condemnallon proceeds. Grantor shed hold
such Instruments and other remluances In trust for tender apart item its other pfcoony, endorse the Inauumanta and 611141 fe(Nuancea Io Lender,
end immediately provide under with poeaaeion of the Instruments and other remiUances. Under "I be anluled, but not requited, to collect (by
legal p(ocaedlnos of othonvlsa), extend the Ume tot payment, compromise, Axenaegs or regattas any abilgor or ooUatet, or otherwise @outs any of
the Indabladnesa whatnot or nor an Event of Default exists under this Dead of Trust. Lender shall not be liable to Grantor for any action, offer,
mistake, omlaalon or delay pertaining go the aeUons described In this paragraph or any damages resulling therefrom. No(whhatarding the lat"Oing.
nothing heroin Med cause Lendor to os deamod a mongagesan-possession.
7. USE AND MAINTENANCE OF PROPERTY. Grantor Mall take all actions and make any repairs needed to maintain the Property In Boca
condition. Grantor snail not commit or permit any weals to be communed with (empees to the Property. Grantor shall use the Property sal" in
compliance with applicable law and 1AGwan6e policies. Grantor shall not make any alteritaws. additfona of Improvemanta ro th@ Propany wIlheut
Lender's prim written eanasnL yWthoul Umhing the foregoing, all emissions, Additions and If sarovemente made to the Propeny anafl be subject to
Ma beneficial Idleraat belonging to Larder, snag not be removed w4houl Lender's prior written concent and Mall be made at Grantor's sole expands.
B. LOSS OR DAMAGE Grantor Meg pear the onfirs risk of any lose, theft. destruction er damage (oumuWtvety'LOse or Damage') to Me Property or
any ponion thereof from any cause whafeoover. In me event at any Lose or Damage, Glamor load, at the option of Under, to"( ins affected
Property to Ila previous condNon or pay of cause go be paid to Lander the daareass In In@ far market valve of the affected Property.
9. INSURANCE. The Property wig be kept Insured for Its full Incurable value (replacement cast) @Domer ell Itararde Inoruding Mss at at me" caused
by flood, earthquake. tornado and Are, theft or other casualty Io the extent fequlred byY Lander. Grantor may obtain Insurance on the Property tram
such companies as are acoopMole to Cantle( In its sole dlsoretion. The insurance polpmy. short require the Insurance eompany to prw a Under with
of least an —days' wrinen notice before such policies are altered or eanoellad In any manner. The Insurance pollees chair name Under
all a Joss payee and provide that no set of emission of Grants at any other poison shall affect the right of Under to be paid the Insurance proceeds
patterning to the loss or damage Of Vie Property. In the event Granlof falls to acqulre or maintain Insurance, Under (alto( providing notice as may be
required by low) may In Us disaoWn procure approprkus Insurance coverage upon the Property and the Insurance Cost snail be an Advance Payable
and bearing Interest as described in Paragraph 22 and secured hereby. Grantor sham furnish lender with evidence of Inwra co Indicating the
required coverage. Under may as as abarney-In-fact for Grantor In maxing and castling statins under insuranoe policies, conceding Any policy or
endorsing Grantor's name on any droit or nsg0tlabla Instrumem drawn by any Insurer. AA such ineuranoe policies shall be Immedlatey designed,
pledged and delhrared to Under as further security for the Obligetlwa. In the among of IoM. Grantor Mad Immadlately give Undw wrinen nallOa And
Lander Is authorized to make proof of lose. Fear, Insurance company Is directed M mrnka payments directlyto Under Instead at to Lander and
Grantor. Lander shall have Inc right alt uta 8010, option, t0 apply such monies towers the Obggatlone ar toward te cast of rebuilding and restoring the
Properly. Any amounts may at Undw's option be applied In The Inverse order of We duo daps thereof.
10. ZONING AND PRIVATE COVENANTS. Granlof shad not Wilsta or consent M any change In the zoning provisions or private covsnaras effecting
the use of this Properly without Lender's prior written consent. 9 Grantor's use of ins Property beeomeo a nonconforming use under any zoning
Provialon. Grantor anal[ not cause or permit such use to be discontinued or abandoned withOul the prior written consent of Lander. Grantor will
mmedlaialy provide Under With written notice of any proposed changes to the zoning ptwsMns of private oovanants Affecting OR Propony.
11. CONDEMNATION. Grantor s hali Immediately provide Under with wrilten notice of any actual of threatened condemnation or eminent domain
proceeding pertaining M the Property. AN rata les payable to Grantor (ram much condamnWbn or Taking aro hereby assigned to Lender and shall be
applied first to the payment of Under's attorneys' tee@, legal expenses and other oasts (Ine[udtng appralsal lees) In oonnscon with the
condemnation or aminant domain proceedings and then, at the option at under, to the psymerd of the Obligations or the reat0ratlon or repair of the
Property.
12. LENDER'S RIGHT TO COMMENCE OR DEFEND LEGALACTIONS. Grantor shag Immediately provide Lendor with written notice of any actual
or threatened action, cult, of Other proceeding Affecting the Property. Grantor hereby appoints untie, as Its adomWn-fact to commence, Infsmane
In, and Boland such actions, sults, or eine( Ispat procesdkgs and to compromise of @@Ilia any uaun or comrowey pertaining thereto. Under snail
not be liable to Grantor for any eaion, error, mistake, omission or delay paWrdng to the actions described in into paragraph ern any damages
resulting therefrom. Nathing contained heroin will prevent Under from taking the actions dowbod in this paragraph In Its own name.
13. INDEMNIFICATION. Londer shall nm assume or be (eeponUble la the performance of any at Gtantor'a obllgagona with (%Vat 10 the Property
under any circumstances. GnMlel shag Immedloraly provide Una■r with written nonce of and Indemnity ono troll Under and Its she(ehOlde(s,
directors, ofAews, ompkayeas and agents hermtasa team all claims, damages, liabilities (Including atToroeya' food and legeg expenses), causes of
action, actions, sults and other legal proceedings (cumufafivaly "Gelms'l pertaining to the Property (Including. but not Iknited to, Mass klvolvlAg
Hazardous MAlerlals). Granew. upon the request of Under, shalt hire legal counsel to defend Unger from sucn Claims, and Pay the allemeys' 1aoa,
legal expanses and other costs Incurred in connection therewith. In ins alternative, under shall be entitled to employ Ila Own legal counsel to defend
such Claims at Grantor's coat. G(antor's aWlgallon to Indemnity Under under this paragraph shall survive the termination, release or roreclaours of
this Oead 61 Trust.
14. TAXES AND ASSESSMENTS. Grantor shag pay AN taxes and assessments relating to the Property when due and Immediately provide Under
evidence of payment of same. Upon the request of under. Grantor chair deposit with Under Been niontn one-twelfth (1/12) of the estimated annual
Inswance premium, tomes and ass@scmenls peflalning 26 the Property. So long as there Is no default, toad amounts $hall be appled to Me payment
of taxes, saeaasrnems and Insurance as required on the Property. In the event of default, Under ahall have the right, at Iw Gale option, to apply the
funds so held to pay any taxes or against the ObggAtlonc. My funds appUAd may, at Lander's option, be applied In reverse order of the due dais
Maser.
1e. INSPECTION OF PROPERTY, BOOKS, RECORDS AND REPORTS. Grants Melt allow Under or Its aaams to examine and Inspect Ins
Property and examine, Inspect and make copies of Gramm's books and records partalning to Ina property from time to time. Grantor Mag provide
any aeataunce required by Under tor these purposes. All of the signatures and Information contalned In Grontor's books and records shelf be
genuine, true, accurate and complete In all respects. Grantor shall note the existence of Lender's benefldal Interest In its books and re=ds
pertaining to the Prapwty. Addlllonelty, Granger shall report. In a form satisfactory to Lander, ouch WDIM111100 as Under may request regaroing
Grantor's financial condition or the Property. The Information short be for such periods, sou reA@Ol Grantors records at suoh don, and chair be
rendered with such frequency as Landw may daalgnats. All In(ormaUon lumuhed by Ofentar to Under chert be true, accurate and compima In all
respects, and signed by Grantor If Lender requasta.
10. ESTOPPEL CERTIFICATES. Wthun tan (101 days alter any request by Under, Grantor shelf deliver To under, or any Intended transferee of
Under's rights with respect to the Obligations, A e gated and acknowledged statement spadfyfng (a) the outstanding balance on the Obligations; and
(b) whether Grantor possesses any raalma, defenses, am-Oiis of counterclaims with respect to the Obllge0ons and, 11 66, the nature of ouch clalms,
defenses, setoffs at countwNalmc Grantor will be oonciu$waly bound by any representation that Under may make to the Intended vanstsree with
respect to these matters In the event that Granto( tags to provide the requested statement in a timely manner.
udsTuaaurw�T.akommg ,Vat (11161ew 904037-3700 roe.zaa-i/= --
-L' ,V ii II All ' ' J :1L itiu l.Y:l ,L.. .'JJ.J__J.. ' VVI
17. EVENTS OF DEFAULT. An Event of Default Shall occur undo( 11114 0sad at Trust and Ilse Trualee's power shall become operative M Ule avant
11131 Grantor, Borfatver Of any guarantor of any Obligation:
a
FROM 1d pay any Obligation to Lender when due;
fella Ic perform any ObNgatlon or breaches any warranty Or covenant 1* Lender contained In this Dead of Trust or any other preanf as
Users agreement;
r1 desuoye, loses w damages Ilia Properly In oily material reapd co
eOr subjects the Properly 10 salxure, confiscation or ndamnaUon;
10
s� a el bits ecomes legally Inncompetent, to dissolved Of tairtNnaled. nder any
Insolve ilto d, makes an aeelgnmenl (0r Ole bonsai of creditors, falls
Gra Iodebtsa s t arty become due' tiles a petition under the federal bankruptcy lawn, hes an involuntary petition M bankruptcy 1^°d In which
fry guarantor Is named, or has property taken under any well or process of caurl;
allows any
to other
fad, transportedntoor or Borrower to rid on tile
esau Ta OrluMlerlthe eke any Obligation without Ilease o en which.
Is Illegal;
lleg l;^dar or
allows An
h causes lander to deem "sell Inescun due to a significant decline in Ile& value of Ute Property; Or Lender, In goad tall", for any reason
bell*"* Ihal the ptoapeol 01 payment or performance I° impaired.
ON EVENT OF DEFAULT.
10 4xerccioo RIGHTS18. e or ore OOF f the following fa nedlp wilhouul pgce or demthe ience of an end (except go isqukadent of Default
pby law)�r IAIs Dead of Trust, Lender °Itsll be entitled
(0) to doolars the Obligations immediately due and payable in full, such acaelerallon shall be automatic and immeassia II the An, of
Default 10 a nOng under ass; Bankruptcy Cotler;
�b) ser coiled the outstanding Obligations with of w"hour rse*rtlng to judicial process;
o) to require co Grantor to ra for and make available to Lander any personal property of Chattels constituting the Property a, a place
reseonebly convenient to Grantor and Lender,
(d) to anter upon and lake possession 0f the Ptapany without applying for or obtaining Ilia appointment of a receiver and, at Lender's
option, 1* appoint a receiver without bond, without fest bringing suit on the Obligations and without Olhelwlss meeting any statutory
lL&Iaandltloru regerding receivers, It being Intended Thal Lander shaft have this canlrectuai right to appoint a receiver;
tr lc employ a managing agent of es Properly and let Iha same, °^her In Trustee's own name, In the name of Lender or 111 the name of
qq enter, and r mou the rwhla, Obligation,*.
Issues end prattle of Ills Property and apply Iha came, eller payment of all necessary charged and
Ol�npan arty ant of InnY (wmlerrmannor deemed expedient by Lender Io project Ina "curtly of this Deed of Trust or to cute any default
Other Inas payment of Inlerasl Of principal nn the Obligations;
1B 10 IasrJoce IMA Deed of Tru4l judicially of nonjudicially;
(h� to set-GII G(anlor's Obligations against any amounts owed Grantor by Lander Including, but not limited lo, manias, Instruments. and
dopooll SCOaanra maintained with Lender Or any Gurremile existing Of future starless of Lender, and
p) to exer014e d, other rights available to Lander under arty other wrl,len ogrssmem or der; n law.
Lender's of an at eumulsWs and may be aaerdend'againsr aeppralNy, and In any order. M Ilia avant Olaf Lander IMlllulas an action soak
recovery of pay of Via Properly by way of a pre udgmonl remedy M an action egalne, Grantor'Tile
Grantor waives uta Posting of any band which mlghl
Who -1 be reyulrw. Lander or Lardw's dee ilea me MO the
p ,ting w to ouch pafoele, meaner w abler as Lander in lis ole dlscre lonpmay °feel, end Ono or more axerclaea of terty or he power h eM ma00 sold y
shfall not
exlingulsh w exheual the power unies4 the entire Praparly is sold Or Ute Obllgatlons are paid In full.
10. LEASEHOLD PROVISIONS.
(a) Grantw Agrees that Grenfor will timely perform au ob,lgallons at Grantor under Ilia Loses and Ihal 11 will not lake or ontlt 10 lake any
action which will cause a default thereunder or 11141 with notice or after Ilia passage of lime. or both, would be a default thereunder. Grantor
agrees Ihet II will promptly n0llly Lender In wdung of any delaull by Gnnlo/under Ute Leese
and that II will
noun (olhef shah on a regular parlodlc betas for hwnUlly real payment/) Tram Ills 6endlord under the Lease Inducing an10 y Ilia Lander
noting or
elaiming any dsfwu by the Grenlw candor the Lease.
(b) Lander Whail have Iha rlgM to cone any dAlaulr under Iha Lease whNn Iha Urns pernhlirad In the 103SO and an turn& advanced thereby
allolwed bymnwlffoni hs dab oaYabb coli" (nteresl thenen 41 Iha lower of Ise hlghasl rats described In Any Obligallon or Ute hVls&I rale
Obltgalians.
( Payrnent until Ill& dale n1 eeknbV'ssman! and shall, Iogenter
with inch Inleresl, become a part of ills
(c) In case of en fvanl of Dstaulf under Partlgraplh 17, In addlUorl Io any Olhen rl9lrla end rernsdioe graihbla, Lender may maks fu^ or ppseud
payments of real tlus under Ill■ Lease, perfdnh any other obll9ellOna 01 Grantor under Ile■ lease and purc^ass, dlechOrg■, compf0lnles, w
cattle Ute Leese. -I mahlsa pall for any of Ilia purpaaoe "stela authorised erhd as axpanosepaid u hoa&ed M conn■c ens ,hefewilh,
Including
comleglmmetll Illy due and flayabls wassioul noticein Ills 91116111 Permitted b e� willlO law, lnlerael thaibe reonsolnan ah aldrLa OAIrINuea serer besconNdend hereby. and ishful wall, err of
any '19111 acming to It an - ones of any default en Uha pail of Grantor.
(d) Any default On U's part of Grantor under Ills Lasso arhall caneUtms a default m'def Ohm
and shall entitle the lander 10 4x610160 any and all rights and (gmetliog given Aeraundar. Deed of Trust and Ills Obligations secured harehy
(a) G1°ntcr *Ill not amend of MOdl(y Ilia Leese wishoul the pilot written Consent of Lander.
20, MERGER OF FEE IN LEASEHOLD ESTATE, k1 Ills want that Grantor acquires ill@ lee title or any other ears,&, ,hie w Inters$, In Iha prernlese
eovred by Iha Loose. with IMS Deed e of Trust eril,hop giIAM to and cover and by o Ibn upon ilia too Mlle or wc1 *Iher aalare so
acquired end soon lee 1IUe ea
211.1 estate shall. without further ER THE U gran, or OMMEoae become And be subject to the Ilan car encumbered by this, Deed 1 Trust.
21. SECURITY INTEREST UNDER THE UNIFORM COMMERCIAL CODL'. This Doatl of Trr'at shall be mnediedb a is, Dee sTrust. and a
fixture Filing purcusnl,o the pr*vlabns 01 the Uniform Commercial Cede (aa adopted by ilia state whore 11ts Property Ia located) Fixtures,
chattels, and oracles Of p6rs0rhal ploparly now 041160 w hereafter alladted to err l0 be used I^ connection with the Pro art together
replacements platens arc addldone Ihersic (Ina 'Gullet=7, and Grantor hefsb _
Grantor dasalbed above, Tho leaned parry le airs Lander daecribed above. Ijpon demand cantor snalltmake! eAudiila i ll ls. T • dueobfltor Is t �e
La n et a e (ss such farm le defined M said Unllarnl COrnrtherclal Code) ad lender at any Ilme mpy desm necessaryw
Lander a earlecud sseuily interest In Iha Clulfgls, and upon Grantor s lemurs la do ao, Lender Is aulsonted m I
agent of cantor. Grantor hment so ins
erby eunOle C Larder to lib Financing sl9 l murs I (ere such term Is donned M add sign any Uniform Commercial or agrees to gran, Io
nosppSot la 'no Challela at Any limo, without ilia algnalurs 01 Grantor. Grantor will, howevw, a1 any lime upon request f Lander, signrssuuct Financing
slataments. Grantor wip pay As filing fees for the filing c(cuch financing statements Md for Ins rellll^g thereof at the times regqui ed,en rho
Calot wilts
Lender, by sold Uniform COMMOK1al Code. 11 Ilse Nan of Oft Deed of Trust Is subject to any security agreement covering me Chattels, Ulan In the
Land, r, any her with
under tine Obetl of Trust, ell the right, 11116 ertd Interest o1 Grantor In and to any and Olt at the Chattels Is here oigned dl
Lander, in the Pr with ten benefll of any deposlle err payments now or hereafter meds thereof by Gtanlor or the
predecessors of Grantor M ms Properly. by assigned to
in
e of
22. REIMBURSEMENT OF AMOUNTS EXPENDED BY LENDER. Lander, at Lander' a oph,an, may expend cantle (Including allorneya?Iesg'land
legal expenses) to jsII i rtt any act required In be token by Grantor w to aster any slant or remedy of Longer under UUa Deed *1 Truai Upon
tlernantl, Gfanlw Wull fmnhsdlefely relmb'uae Lender lar ser such amounts expanded by Longer Id9elhar toll" Inbnat Uhareon a the lower of the
highest rale described In any ObilgaUan or the highest rete Allowed by low from tllo data of peynrenl until the dale r rt Ohio n at ibis
low#( some
ItIQU be Included In the definition of ObNgatlons heroin and Wulf be °ecurod by 41% bonallcW Mloreal CQrsnled herein. It ills Obligations arThosee paid after
uta beginningsof a Ilia beginning
n( noun a saws, as harem Provided , w In the even, Lander WuO, of ere sda aPlton, pprmlt Grantor td a any OWIgaUarle eller ills bs9lnrNng of pubtleslian of rolled 1 °ate, ee herein provided, Nen, Grantw shell pay on Remand ell expen■es Incurred reason and Lender In ca^n6C11*n wllln ee10 publloallon, including seasonable ettolrtays' loos to Ilhn etiorn•ys for fila Truelee and ns ills lender, and e
reasonable Ise 1b Ills Trust", and Oita Deed of Truer stall be Security la ail by the
23. APPLICATION OF PAYMF�TB, NI a Y such expenses and Ives.
4llornsys' fees and legal expenses) In connection wm�hpbaxardea al Ile righor an belief( of ts of orior orm may
b d plied against
Ills Deed oamounts and y L to lira payment
of ills remaining Obllg0,lona In whalever order Lander dlooses. P by Langan (Including
24. POWER OF ATTORNEY. Grantor hereby appoints Lender as Ile elforneydn.lact I0 endorse Glamors name an all Instrwnenu and Other
any docurs pertaining to Iha ObllgaUone w Deed Of Trust. In addition. Lander shop be snulled, but nal required, 10
any dooumenl requlfed to be taken w executed by Grantor under Ude Deed of Trust. Lender's performeto of suPOI(rum any ch action Of execution of such
documents shalt not esllevs Grantor from any Obllgallon or cure any default under this Dead of Trust. All powers of allwrhsy described la this Owed of
T(uel aro coupled wlllh an Interest and are irrevocable.
25. SUBROGATION OF LENDER. Lender shelf regardless
sub
regaled
discharged with Funds advanced by Lender regardless10 ills rights of the holdor of any previous Ilan SLcuA1y Interest or encumbrance
dlea 01 whether (head Ilona, Security interests or other encumbrances have been lslsased of record.
26. COLLECTION COSTS. To the exlenl permitted by law, Grantor Agrees to pay
aLander c reasonable fees and costs, including, but no, limited 10,
(090 Afed an em ployee1eoflLonde wh ch eGifts(
re Incurred bynLender In ooll■cUngwithout ua yparna°unl due or eniu/ccoj^yummy hgl I mthera ( hot Audi dlorney or agent Is
whether w not suit Is brought, Inclnrding, but not limited to, GO 1004 and costs Incurred an appeal, I^ bankruptcy, and Ito poel•judgmenl collection
actions. edy under Iola Dead of Trwl,
27. PARTIAL RELEASE Lander may release Its khlsr4st in a portion 01 the Properly by executing and recording one or more partial refeasss wllhoul
affecting Its Interest In Ills remslnlng portion of 1110 Properly. Nothing herein shall be deemed to obligate Lander to release any al Ila Inlsreel In ilia
Property rust. t as required under Paragraph 3a), nor alhsll Lander be obNgated to release arty pail of the property 11 Grantor le In default under this
Deed of Trust.
29. MODIFICATION AND WAIVER, The mntllhcauon perform coal any at Gfantar'A Obligations or Lander's flghls under this Deed of Tail must be
oanaithsd In a wrltlrlg eGfanl by Lander. Lender may ranlor'y aI Bareness's w Glantoi'e OMlgsltons, delay at fall so exercise any of he rights or
accept co payments lion( Grantor ll anyone other than Grantw wlMaul causing a waiver Of thong Obligations or 1191116. A waiver 0n ane coxa
rt*I oan•em.f l waive! rm say alhea oeesslon. Grantor's ObllgaUona unclor Isle Dasa of Trust shall not be anaeted if Lender amends, compromises,
exdlnrhges, Falls to exetdso, Ira eton slult
any Grantor, a w Borrower err iderfillejeer ly v any of e MO Properly.1116 OUnder's lalations bluer° IoM Insist g 10 upon„strict erformance 1 anAnlosr. Borrower or (filedy 1 Ole rany of Ito Obligations shall no, sl
deemed a waiver, end Lender Ahail have the nght nI any Ilme Ih4tealnf to Insists upon sulci I_(,,fl-n
un^rsarr r.rMmnw,nl.,.r..,wp.,..4v tirf6l'ri arca ma»•+1ance.
ILL
aY. SUBSTITUTE TRUSTEE In at" of the death, Inabuity, refuel to act or absence of the Trustee from the slats whet* the Property Is located or In
Casa the holder of the Obllgations Nap desire far any rseeort to remove the Trustee of any substitute Irustee as trustee hsroundar and to appoint e
new uuatae In his plane and stead, the holder of the Obllgadans is hereby granted lug power to appoint In willing a substitute Itucu* for aeW Truetea,
and Me wbWlufe trustee chap. when aPpolliloil, become WCOMW to ad rights o) Tru6100 hereunder end the Game Shag b*Came vested In Mm for
the purposes and objects of this Dead of Trust with all Me power, dupes and obpgallens hereln conferred on fns Trustee.
30. SUCCESSORS AND ASSIGNS. This Deed of Trust shag be binding upon and Inure to the benallt of Granter and lender and (hair reepeottve
successors, aaelgns, trustees, recelvers, administrators. personal representatives, legatsaa and dovlsese.
31. NOTICES. Except ere otherwise required by law, any nonce or other communication to be provided undar tMs peed o1 Trust snap be In wfltin0
and sent to the pardes at the addressee described In this Oast of Trust of suoh other address as the parties may doalgrtau In writing from lima to
time. Any such nonce so given and sent by first class mall, postage prepaid, shall be deemed given the sealer of mra (3) days shat such nodes Is
sent or when received by the person to whom such meas Is being given.
31 SEVERABILITY. whenever possible, each pravi*lon of this Deed of Trust shag be Intarpreted to be valid and enforceable under appyaable elate
law. p any provision or this Dead of Trust violates the law or Is unenforceable, this rest of this Deed of Trust shall Continuo to be vaed and erNorceaota.
33. APPLICABIF LAW. This Dead of Trust shag be governed by the laws at the state where the Properly la located. Unless applleabte law provides
otherwise, Grantor contents to The jurisdiction and venue of any court selected by Lander, In Its Gale discretion, located In that state.
34. NO ThMD•PARTY RIGHTS. No person is of shell be a thxdpeny bonelldery of any proviston of this Dead of TruaL AN provisions or this Deed of
Trust In lava of Lander are Intended aolaly for the berwift of Lander, and no third party shall be GMII*d td eeeums or expect that lander WIN waive or
Consent to Me modification of any provision of this Deed M Trust. In Lender's sale discretion.
3s. PRESERVATION OF LIABILITY AND PRIORITY. Withoul affecting the liability of Borrower. Grantar, or any guarantor of the Obligation, of any
other person (except a parson expressly released In writing) for the payment and performance all the'Obfrgadons, and without aliecting me fights of
Lander with respect to any Property not expressly released In writing, and without Impairing In any way the priority of this Deed of Trust over Ina
Interest of any person acquired or (iter evidenced by raaording subsequent to Me recording of this Dead of Trust. Lender may, either before or after
The maturity of the ObilgaUons, and without fuldca or consent: release any person liable for payment or psflcnT nce of 211 Of any Pell of the
ODllgatlons; maxe any agreement altering the farm& 01 payment or performance of no or any part of the Obllgallons; exeress at refrain from
exercleing or waive any right or remedy that Under may have under this Deed at Trust; accept addldonal eaewfttyy of any kind for uMryy of the
Obligations;or ss
or mharwlse deal with any real or parmnal prop" anuring ihq Obligations. Any person acquiring or recording evldense of
any Merest of any nature In the Properly ahail be deemed, byacquhing such interest at recording any evidence o weal, to have Con iant*d to ell or
any such scuons by Lander.
36. DEPEASANCE. Upon the payment and pertamutae In hal of all of Ins Obligations, Under will &"auto and dativer to Grantor those documents
Mat may be required to release title Dead of Trust of record. Grantor shall be responsible to pay any coats of recordation.
37. MISCELLANEOUS. Grantor and Lander agree Itut tlme is of the essence. Grantor waives prasemmem, dsmand for payment, nodes of
dishonor and praised except as required by law. All references to Gremw In this Deed of Truer shell Inciude so persona signing below. p Mate Is
nate than one Grantor, their Obligadono shall be joint and several. This Deed of Trust represents the complete Integrated undstatandhtg balwesn
Grantor and Under penalning to In terms and condMone nereof.
3L JURY TRIAL WAIVER. LENDER AND GRANTOR HEREBY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY CML ACTION ARISING OUT OF,
OR BASED UPON, THIS DEED OF TRUST.
39. ADDITIONAL TERM&
Grantor acknowledges that Grantor has read. understands. and agrees to the terms and conditions of this Deed of Trust, and acknowladget reoelpt of
an exact copy of same.
Dated this 9I1 .. day of SEP m:ER —19" _ ..— .
GRANTOR LA1 CR N. INC. GRANTOR:
Y�l
VALLACE _ LOVAN/ PRES
GRANTOR: GMNfON
GRANTOR: GRANTOR:
GRANTOR GRANTOR:
wAGTnrW 4r►s.,�.bn T..nw�eq.... M.e n /6/cry IN q V31.3'rua P.2. a d 6
.v ,i II A11 ., . . . � .VLLL IU iLL i. LUQ
ACKNOWLEDGAU, NTS
Slate of Idaho )
) SS.
couilly of^ )
Ille foregoing inslnnneu(was acknowledged before Ile Illis d
19_ by ay of
a4 of%fur
Millen lily baud and official seid.
Nolary Public:_ _
My untuuissioll expires:
Residing:
ACKNOWLEDGMENTS
Staleol'Idalw )
) ss.
County of A 0.0 )
1Yle foregoing insirument was acloiowledged before me this `7'' Jay of V, r77-.
by
as_ E S uJL�
WiUless illy
y hand and officialcial seal.
` uoror C. ,,�rz�l Y c p;.<E 117 �i c ,?cYr2 r , wJ
...... "a,� '•.
_
Notary Public:
iso W M� TT �'
,�0
My conunissiol cxpires: = �• G� f ``�~
•i,PO•�~
�
Residing:
5 r mt 1, t
t
i•
�% sj� �••+....•• OPS r
of
L IC013611 VmFh IL Anka Ca "all Mg,111.11p
lyf MI
ter. .. .. II I.,1 — ILL JV. ter. V.. —
ro i : t" f's.
The (0O0win@ described real property laeare,l In the County of ADtt , 9sata of I OAHO
SEE ATTAQIIENT "A" FOR LEGAL DESCRIPTION
ACCRnANCZ OF LU SOR
Tldv sccrywanee is mewled Ibis 9TH DAY OF SLPTFy1L1ER 1949 by the undenigaed u Laver under theLate described an Schedule A
I- Lessor agrees and contema to Gnaw's Salk and ssaigetm m 10 Lender under Ibis Dad of Tetat of Dratooes irsonns a tenant under the
Lease. Law reprssetu that the tars it artetdy valid Alto earacubdo amtniing to its terms and that Gamine is not prsnsmly In default under
the lnue. Lessor Maher nptaama that If is the owner of the legged ptamiaes and hot 6111 poorer and .whurity to coffee into Ibis ASleematL
2. Lovor sgrea that during the lam of this Dead of Ttu.t, nu modWofnionA to as termination of the Luse will be thtdalskan without fuvl
obtaining flit written consetx of Lender.
]. 10 the event of Grarseet deftir tender the Leaae, Usage agrees to notify Leader of much dv(attlt in writing u Iteat dsly (do) days prior to
Taking action 10 callum any of Leaner 'igloo under the Leans. During thie siaflWsy .period, Lender al all have the option to an the dc(wh ac
take Ruch alher action a may be atcasAe
ty to protect Lender's security Interest la the Lase and any Chattels of Oranoe under fila Deed o(Ttuat
or any othsc.Creams., betwom Gnnbr and Lender.
1. Leaaor agrees to subordinate any llm 4 may hsvo or subsequently acquire upon any Chattels of Grantor which may be arhjcd to ray
security Intersat of Lander mull such alma is this Deed of Tena Is Iorminatrd.
S. Lessor ackormiadges that It has And 'will bertoAt is a null of be ffnandel aeeantmodatioa WS -1414d 10 Gonlw by Lender and That Letbar
WIN rely on the accaptaoca.
T.fMOL' CITY OF MERIDIAN T.II990R: CIN OF NERIDIAN
MAYOR ATTESTED ay:
T1119 DOCWCNT WAS PUPARED DYr IDAHO INDEPENDW BANG CITY CLERK
AFT@R RRCORDiNG ARTURN TO LENDER AT M ADDRESS DLSCRID)CD ADOVF,
O'GaaaO 0 W. R If~ Ca. pausq pmt pW7"
►y.sera L
ATTACHMENT "A"
PARCEL I
A PARCEL OF LAND BEING A PORTION Of THE WEST -HALF, SECTION 3, TOWNSHIP 3
NORTH, AANOE 1 WEST, BOISE MERIDIAN, MERIDIAN, AGA COUNTY, IDAHO AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A BRASS CAP MARKING THE SOUTHEAST CORNER OF THE NORTHEAST
QUARTER OF SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN,
MERIDIAN, AGA COUNTY, IDAHO; THENCE
ALONG THE SOUTHERLY BOUNDARY OF SAID NORTHEAST OUARTER OF SECTION 3, NORTH
88 DEGREES 36'20' WEST 2643.29 FEET TO A 811AS3 CAP MARKING THE SOUTHWEST
CORNER OF THE NORTHEAST QUARTER/ TIIENcE
LEAVING SAID SOUTHERLY BOUNDARY NORTH 75 DEGREES 30.00' WE57 130.00 FEET T,
A 2' IRON PIPE; THENCE
NORTH 40 DEGREES 00'00' WEST 40.00 FEET TO AN IRON PIN; THENCE
SOUTH 75 DEGREES 60'31' REST 70.00 FEET TO AN IRON PIN; THENCE
SOUTH 25 DEGREES 00.00• WEST 64.19 FEET TO AN IRON PIN; THENCE
NORTH 89 DEGREES 26'06' WEST 254.51 FEET TO A POINT, SAID POINT ALSO BEING
THE REAL POW OF BEGINNING; THENCE CONTINUING
NORTH 89 OEOREES 26'08' EST 100.01 FEET TO A POINT; THENCE
SOUTH 00 DEGREES 30.11' WEST 407.92 FEET TO A POINT; THENCE
SOUTH BH OEOPEES 54'11' EAST 276.46 FEET TO A POINT MARKING A POINT OF
CURVE; THENCE
ALONG A CURVE TO THE RIGHT 59.46 FEET, SAID CURVE HAVING A CENTRAL ANGLE OF
DEGREES34 ,
T ANA
LONG CHORD OF58.50 FELT IHEARING SOUTH FStTDEGREESN52'OB'TS OF 3FAST TO0.64 EA POINT
MARKING A POINT OF TANGENTS; THENCE
SOUTH 34 DEGREES 50.01' EAST 292.99 FEET TO A POINT; THENCE
SOUTH 09 DEGREES 48'41' EAST 147.34 FEET TO A POINT; THENCE
NORTH 35 DEGREES 00'00' WEST 109.03 FEET TO A POINT; THENCE
NORTH St DEGREES 45'00• WEST 880.00 FEET TO A POINT; THENCE
NORTH 00 DEGREE 29144' EAST 335.18 FEET TO THE POINT OF BEGINNING.
PARCEL II
A PARCEL OF LAND LYING IN PORTIONS OF TIIE SOUTH HALF OF TIE NORTH HALF AND
THE NORTH HALF OF THE SOUTH HALF OF SECTION 3, TOWNSHIP 3 NORTH, RANGE I
WEST, BOISE MERIDIAN, MERIDIAN, AOA COUNTY, IDAHO AND NORE PARTICULARLY
DESCRIBED AS FOLLOW:
BEGINNING AT A POINT MARKING THE NORTHWEST CORNER OF THE SAID NORTH HALF OF
THE SOUTH HALF OF SECTION 3; THENCE
SOUTH 89 DEGREES 25'06' EAST 2,077.73 FEET ALONG THE NORTHERLY BOUNDARY OF
THE SAID NORTH HALF OF THE SOUTH HALF OF SECTION 3 TO A POINT, ALSO SAID
POINT BEING THE REAL POINT OF BEGINNING; THENCE
SOUTH 0 DEGREE 29'44' WEST 335.18 FEET TO A POINT; TIENCE
SOUTH 51 DEGREES 45'00' EAST 580.00 FEET TO A POINT; THENCE
SOUTH 35 DEGREES 00'00' EAST 285.33 FEET TO A POINT; THENCE
SOUTH 22 DEGREES 15'00• WEST 60.05 FEET TO A POINT; THENCE
SOUTH 43 DEGREES 58'10' EAST 238.76 FEET TO A POINT; THENCE
SOUTH 29 DEGREES 00'00' EAST 110.00 FEET TO A POINT; THENCE
NORT11 61 DEGREES 00.00' EAST 81.19 FEET TO A POINT OF CURVE; THENCE
NORTHEAST90LY ALONG A CURVE TO THE LEFT 147.14 FEET, SAID CURVE HAVING A
CENTRAL ANGLE OF 48 DEGREES 10.26', A RADIUS OF 175,00 FEET, TANGENTS OF
76.23 FEET AND A LONG CHORD OF 142.84 FEET BEARING NORTH 36 DEGREES 54.46'
EAST TO A POINT OF ENDING OF CURVE; THENCE
NORTH 56 DEGREES 30'00' WEST 131.38 FEET TO A POINT; THENCE
NORTH 41 DEGREES 30'00' WEST 203.82 FEET TO A POINT; THENCE
NORTH 17 DEGREES 15'00' WEST 84.14 FEET TO A POINT; THENCE
NORTH 22 DEGREES 15.00' EAST 147,00 FEET TO A POTNT; THENCE
NORTH 65 DEGREES 50'00' EAST 45.00 FEET TO A POINT; THENCE
SOUTH 87 DEGREE3 20'00• EAST 78.40 FEET TO A POINT; THENCE
SOUTH 08 DEGREES 00'00' EAST 61.48 FEET TO A POINT; THENCE
SOUTH 71 DEGREES 33'2,0' EAST 88.05 FEET TO A POINT! THENCE
SOUTH 60 DEGREES 00'00' EAST 108.33 FEET TO A POINT OF BEGINNING OF CURVE;
THENCE
NORTHEASTERLY ALONG A CURVE TO THE RIGHT 139.32 FEET, SAID CURVE HAVING A
CENTRAL ANGLE OF 15 DEGREES 36'19', A RADIUS OF 311.86 FEET, TANDEMS OF
70.84 FEET AND ALONG CHORD OF 178,16 FEET BEARING NORTH 36 DEGREES 12'20'
EAST TO A POINT OF TANGENT, THENCE
NORTH 60 DEGREES 00'00' EAST 115.06 FEET TO A POINT OF CURVE; THENCE
NORTHEASTERLY ALONG A CURVE TO THE LEFT 125.75 FEET, SAID CURVE HAVING A
CENTRAL ANGLE OF 24 DEGREES 25.22-, A RADIUS OF 295.00 FEET, TANGENTS OF
83.84 FEET AND A LONO•CHORD OF 124.80 FEET BEARING NORTH 36 DEGREES 47'19'
EAST TO A POINT OF ENDING OF CURVE; THENCE
NORTH 44 DEGREES 00'00' WEST 79.63 FEET TO A POINT; THENCE
NORTH 67 DEGREES 45'00' WEST 160.00 FEET TO A POINT; THENCE
SOUTH 63 DEGREES SO'GO' WEST 244.87 FEET TO A POINT; THENCE
NORTH 50 DEGREES 30'00' WEST 114.35 FEET TO A POINT; THENCE
NORTH 44 DEGREES 00'00' EAST 90.00 FEET TO A POINT; THENCE
NORTH 17 DEGREES 00.00' WEST 175.00 FEET TO A POINT; THENCE
NORTH 12 DEGREES 00'aa' EAST 280.00 FEET TO A POINT; THENCE
NORTH 77 DEGREES 30100' WEST 170.00 FEET TO A POINT; TIENCE
SOUT11 66 OEOREES OO'DO' WEST 265.00 FEET TO A POINT MARKING THE NORTHEAST
CORNER OF THE SOUTHWEST QUARTER OF THE SAID SECTION 3; THENCE
NORTH 76 DEGREES 30.00' WEST 190.00 FEET TO A POINT; THENCE
NORTH 40 DEGREES 00100' WEST 40.00 FEET TO A POINT; THENCE
SOUTH 75 DEGREES 69'31' WEST 70.00 FEET TO A POINT; THENCE
SOUTH 2S DEGREES 00'00' WEST 84.19 FEET TO A POINT ON THE SAID NORT)WRLY
BOUNDARY OF ME NORTH HALF OF THE SOUTH HALF OF SECTION 3; THENCE
NaRTN 80 064REES 25'06' WEST 254.31 FEET ALONG THE SAID NORTHERLY BOUNDARY
OF THE NORTH HALF OF THE SOUTH HALF OF SECTION 3 TO THE POINT OF BEGINNING.
LEGAL DESCRIPTION CONTINUED _-6/INITIALS
I
'Lr i U ;71rI11I 13 .0 1 1 0 ALS, II)1.:0 ILL .00.0:_0__ ..Guy
ATTACHMENT "A"
EXCEPT THAT PORTION LYING WITHIN THE FOLLOWING 511801VISIONS:
CHERRY LANE VILLAGE N0, 1 SUBDIVISION, ACCOROING TO THE PLAT THEREOF,
FILED IN BOOK 44 OF PLATS AT PAGES 3537 AND 3330, RECORDS OF ADA COUNTY,
IDAHO;
CHERRY LANE VILLAGE R0, 2 SUBDIVISION, ACCORDING TO TIME PLAT THEREOF,
FILED IN BOOK 40 OF PLATS AT PAGES 3791 ANO 3702, RECORDS OF AOA COUNTY,
IDAHO;
THE LAKE AT CHERRY LANE, ACCORDING TO THE PLAT THEREOF FILED IN BOOK 52 OF
PLATS AT PAGES 4588 AND 4570, RECORDS OF ADA COUNTY, IDAH10;
THE LAKE AT CHERRY LANE NO. 2, ACCORDING TO THE PLAT THEREOF FILED IN BOOK
54 OF PLATS AT PAGES 4882 AND 4683, RECORDS OF AGA COUNTY, IDAHO;
THE LAKE AT CHERRY LANE N0. 4 SUBDIVISION, ACCORDING TO TI,E PLAT THEREOF,
FILED IN BOOK 74 OF PLATS AT PAGES 7674 AND 7673, RECORDS OF ADA COUNTY,
IDAHO.
PARCEL IIIA
A PORTION OF THE WEST HALF OF SECTION 3, TOWNSHIP 3 NORTH, RANGE I WEST,
BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, MORE
FOLLOWS: PARTICULAHIY DESCRI8E0 AS
COMMENCING AT THE CORNER COMMON TO SECTIONS 4, 9,
3; THENCE 10 AND THE SAID SECTION
NORTH 0 DEGREE 36'11' EAST 2651.19 FEET TO THE OuARTER CORNER COMMON To
SAID SECTIONS 3 AND 4 AS SAME WAY REESTABLISHED BY LS 972 (CP A F
INSTRUMENT N0. 7852148, RECORDS OF ADA COUNTY, IDAHO); FROM WHICH THE
NORTHWEST CORNER Of SAID SECTION 3 BEARS
NORTH 0 DEGREE 38'27' EAST 2567.40 FEET; THENCE
NORTH 0 DEGREE 38'27' EAST 22.64 FEET TO A 5/8' IRON PIN; THENCE
SOUTH BB DEGREES 55'31' EABT 370.53 FEET TO THE REAL POINT OF BEGINNING;
THENCE CONTINUING
SOUTH 88 DEGREES 55'31• EAST 182.65 FEET TO A POINT; THENCE
SOUTH 8 DEGREES 18'10' EAST 440.86 FEET TO A POINT; THENCE
SOUTH 16 DEGREES 16'25' WEST 218.04 FEET TO A POINT; THENCE
NORTH 80 DEGREES 13'51' EAST 540.22 FEET TO A POINT; THENCE
NORTH 71 DEGREES 43'341 EAST 442.46 FEET TO A POINT; THENCE
NORTH 10 DEGREES 33'30' EAST 407.84 FEET TO A POINT; THENCE
SOUTH 58 OEOREES 66'31' EAST 124.64 FEET TO A POINT; THENCE
SOUTH 50 DEOREES 38'25' EAST 88.99 FEET TO A POINT; THENCE 166.33 FEET
ALONG THE ARC OF A CURVE TO THE RIGHT, WAVING A RADIUS OF 250.25 FEET, A
CENTRAL ANGLE OF 37 DEGREES 51'08', ANO A LONG C4ORO BEARING SOUTH 31
DEGREES 42'52' EAST 162.34 FEET TO A POINT; THENCE
NORTH 88 DEGREES 29'44' WEST 120.24 FEET TO A POINT; THENCE
SOUTH 4 DEGREE 27.17' EAST 80.30 FEET TO A POINT; THENCE
SOUTH 0 DEGREE 30'16' WEST 230.32 FEET TO -A POINT; THENCE
SOUTH 10 DEGREES 31'20' WEST 123.31 FEET TO A POINT; THENCE
SOUTH 30 DEGREES 14'07' WEST 119.57 FEET TO A POINT; 111ENCE
SOUTH 60 DEGREES 80'29' WEST 134.38 FEET TO A POINT; THENCE
SOUTH 71 DEGREES 26'48' WEST 120.84 FEET TO A POINT; TIIENCE
SOUTH 82 DEGREES 45'52' WEST 225.84 FEET TO A POINT; THENCE
SOUTH 88 DEGREES 02'57' WEST 67.30 FEET TO A POINT; THENCE
NORTH 80 DEGREES 10.41' WEST 825.06 FEET TO A POINT; THENCE
NORTH 77 DEGREES 29'20' WEST 148.07 FEET TO A POINT; THENCE
NORTH BB DEGREES 10'41' WEST 180.40 FEET TO A POINT LYING 55.00 FEET EAST
OF THE WEST BOUNDARY Of SAID SECTION 3; THENCE ALONG A LINE 85.00 FEET
EAST OF ANO PARALLEL TO THE WEST BOUNDARY OF SAID SECTION 3
NORTH 0 DEGREES 38'11' EAST 247.64 FEET TD A POINT; THENCE
SOUTH 80 DEGREES 211491 EAST 156.03 FEET TO A POINT; THENCE
NORTH 45 DEGREES 03'16' EAST 163.81 FEET To A POINT; TIIENCE
NORTH 5 DEGREES 30.31' EAST $02.42 FEET TO THE POINT OF 080INNTHG.
PARCEL III.1
A PORTION OF THE WEST HALF OF SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST,
BOISE MERIDIAN, MERIDIAN, AOA COUNTY, JDA110, MORE PARTICULARLY DESCRIBED AS
POLLOWS:
COMMENCING AT THE CORNER COMMON TO SECTIONS 4, B, 10 AND THE
3; THENCE SAID SECTION
NORTH 0 DEGREE 38'11' EAST 2681,18 FEET TO THE QUARTER CORNER COMMON TO
SAID SECTIONS 3 AND 4 AS SAME WAS REESTABLISHED BY LS 672 (CP t F
INSTRUMENT 140, 7852148, RECORDS OF AOA COUNTY, IDAHO); F0LLM WMIC H THE
NORTHWEST CORNER OF SATO SECTION 3 BEARS
NORTH 0 DEGREE 36127' EAST 2007.40 FEET; THENCE
NORTH O DEGREE 38'27' EAST 22.64 FEET TO A 6/0' IRON PIN; THENCE
SOUTH 88 DEGREES 56'31' EAST 1977.72 FEET TO A 5/0' IRON PIN AND THE REAL
POINT OF BEGINNING; THENCE
SOUTH 0 DEGREE 30'16' WEST 413.39 FEET TO A POINT; TIIENCE
NORTH 88 DEGREES 64'11' WEST 28.71 FEET TO A POINT; THENCE
NORTH 09 DEGREES 54'11' WEST 26.71 FEET TO A POINT; THENCE
NORTH 0 DEGREE 30'15' EAST 217,93 FEET TO A POINT; THENCE 211.98 FEET
ALONG THE ARC Of A CURVE TO THE LEFT, HAVING A RADIUS OF 249,75 FEET, A
CENTRAL ANGLE OF 48 DEGREES 30'25' AND ALONG CHORD BEARING NORTH 23
OEOREES 47'67' WEST 208.30 FEET TO A POINT; THENCE
SOUTH 00 DEGREES 85'31' EAST 100.62 FEET TO TIE POINT OF BEGINNING.
LEGAL DESCRIPTION CONTINUED _ CGS/INITIALS
-�L,'. lV 7710;111 :.i..7 . . J AtAIIL I n.� ILL .v0. 0:.0.. i VIV
ATTACHMENT "A"
PARCEL IV -A
A PORTION OF SOLITIIWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 3,
TOWNSHIP 3 NORTH, RANGE 1 NEST, BOISE MERICIAN, MERIDIAN, AGA COUNTY,
IDAHO, MORE PARTICULARLY DESCRI13ED AS FOLLOWS:
COMMENCING AT THE CORNER COMMON TO SECTIONS 4. 8, 10 AND THE SAID SECTION
3; THENCE
NORTH 0 DEGREE 3@'11' EAST, 2851.18 FEET TO TIE QUARTER CORNER COMMON TO
SAID SECTION 3 AND 4 AS SAME WAS REESTABLISHED BY LS 972 (CP 8 F INSTRUMENT
NO. 7852148, RECORDS OF AOA COUNTY, IDAHO); FROM WHICH THE NORTHWEST
CORNER OF SAID SECTION 3 BEARS NORTH 0 DECREE 38'27- EAST, 2887.49 FEET;
THENCE
NORTH 0 DEGREE 38'27' EAST 22.84 FEET TO A S/B' IRON PIN; THENCE
SOUTH 86 DEGREES 55'31' EAST, 379.53 FEET TO THE REAL POIRT Of BEGINNING;
THENCE
NORTH 3 DEGREE 38'31' EAST, 290.28 FEET TO A POINT; THENCE
46.46 FEET ALONG THE ARC OF A NON -TANGENT CURVE TO THE RIGHT; HAVING A
RADCHORDSOF BEARING 250.00 FEET, DEGREES n�EEAST,aDEGREES 44.30 FEET TO APPOINT;; LONG
THENCE
SOUTH 44 DEGREES 03120' EAST, 136.41 FEET TO A POINT; THENCE
SOUTH 8 DEGREES 18'10' EAST, 106.80 FEET TO A POINT; THENCE
NORTH 68 DEGREES 56'31' WEST, 182.85 FEET TO THE POINT OF 8EGINNINO.
PARCEL IV.8
A PORTION OF GOVERNMENT LOT 4 AND THE SOUTHWEST QUARTER OF THE NORTHWEST
OUARTER OF SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN,
MERIDIAN. AOA .COUNTY, IDAHO MORE PARTICULARLY DESCRIBED AS FOLLOWS:
C&WNCINO AT TIME CORNEA COMMON TO SECTIONS 4, 9, 10 AND THE SAID SECTION
3; THENCE
NORTH 0 DEGREE 38111' EAST, 2651.18 FEET TO THE QUARTER CORNER COMMON TO
SAID SECTION 3 AND 4 AS SAME NILS REESTABLISHED BY LS 972 (CP I F INSTRUMENT
NO. 7832146, RECORDS OF ADA COUNTY, IOA110); FROM WHICH THE NORTHWEST
CORNER OF SAID SECTION 3 BEARS NORTH 0 DEGREE 38'27• EAST, 2697.48 FEET;
THENCE
NORTH 0 DEGREE 38'27' EAST 22.84 FEET TO A 5/8' IRON PIN; THENCE
SOUTH 08 DEGREES 55'31' EAST, 634.71 FEET TO A POINT; THENCE
NORTH 1 DEGREE 04'29' EAST, 77.46 FEET TO THE REAL POINT Of BEGINNING;
THENCE
189.31 FEET ALONG THE ARC OF CURVE TO THE RIGHT HAVING A RADIUS OF 270.00
FEET, A CENTRAL ANGLE OF 42 DEGREES 17'41• AND A LONG CHORO BEARING NORTH
65 OEOHEES 12'11' WEST, 184.81 FEET TO A POINT; THENCE
NORTH 44 DEGREES 03'20' WEST, 198.06 FEET TO A POINT; THENCE
ROM 37 DEGREE 38'05' EAST, 125.90 FEET TO A POINT; THENCE
NORTH 4 DEGREES 26'20' WEST. 175.84 FEET TO A POINT; THENCE
NORTH 49 DEGREES 13'43' NEST, 619.15 FEET TO A POINT; THENCE
NORTH ED DEGREES 21'33' REST, 38.72 FEET TO A POINT; THENCE
NORTH 0 DEGREE 38'27' EAST, 178.61 FEET TO A POINT; THENCE
SOUTH 99 DEGREES 21'33' EAST. 104.94 FEET TO A POINT; THENCE
NORTH 28 DEGREES 46'56' EAST. 463.73 FEET TO A POINT; THENCE
NORTH 13 DEGREES 06'08' EAST, 180.10 FEET TO A POINT; THENCE
SOUTH BB DEGREES 23'04' EAST, 221.37 FEET TO A POINT; THENCE
SOUTH 0 DEGREE 36158' WEST, 30.00 FEET TO A POINT; THENCE
NORTH B9 DEGREES 23'04' WEST, 114.43 FEET TO A POINT; THENCE
SOUTH 10 DEGREES 3B'ii' WEST, 162.48 FEET TO A POINT; THENCE
SOUTH 5 DEGREES 36'09' EAST, 160.85 FEET TO A POINT; THENCE
SOUTH 48 DEGREES S@'55' WEST, 60.41 FEET TO A POINT; THENCE
SOUTH 10 DEGREES 49'04' WEST, 123.82 FEET TO A POINT; THENCE
SOUTH 12 DEGREES 00100' EAST, 86.00 FEET TO A POINT; THENCE
SOUTH 33 DEGREES 26.21' EAST, 142.60 FEET TO A POINT; THENCE
SOUTH B DEGREES 51'51' WEST, 151.05 FEET TO A POINT; THENCE
SOUTH 41 DEGREES 14'14' EAST, 171.08 FEET TO A POINT; THENCE
SOUTH 88 DEGREES 12'26' EAST, 122.33 FEET TO A POINT; THENCE
SOUTH 43 DEGREES 03'05' EAST, 00.00 FEET TO A POINT; THENCE
SOUTH 0 DEGREE 38.15' WEST, 671.50 FEET TO THE POINT OF BEGINNING.
PARCEL IV -C
A PORTION OF THE NORTHWEST QUARTER OF SECTION 3, TOWNSHIP 3 NORTH, RANGE I
WEST, BOISE MERIDIAN, MERIOIAN, ADA COUNTY, IDAHO, MORE PARTTCULAnLY
DESCRIBED AS FOLLOWS: COMMENCING AT THE CORNER COMMON TO SECTIONS 4, 9, 10
AND THE SAID SECTION 3; THENCE
NORTH 0 DEGREE 38111' EAST, 2851.19 FEET TO THE QUARTER CORNER COMMON TO
SAID SECTIONS 3 AND 4 AS SALE WAS REESTABLISHED BY LS 972 (CP i F
INSTRUMENT N0, 7682146, RECORDS OF AOA COUNTY, IDAHO); FROM WHICH THE
NORTHWEST CORNER OF SAID SECTION 3 BEARS NORTH 0 DEGREE 38'27' EAST,
2687.48 FEET; THENCE
NORTH 0 DEGREE 38'27' EAST 22.64 FEET TO A 6/8' IRON PIN; THENCE
SOUTH 88 OEOREES 55'31' EAT, 1784.81 FEET. TO A POINT; THENCE
NORTH 1 DEGREE 04'29- EAST, 303.15 FEET TO THE REAL POINT OF BEGINNING;
THENCE
LEGAL DESCRIPTION CONTINUED Gt�/INITIALS
. L1. .JU.J.. ..
L
ATTACHMENT "A"
NORTH 66 OEOREES 28'10' WEST, 177.70 FEET TO A POINT. THENCE
NORTH E6 DEGREES 56'39' WEST, 717.37 FEET TO A POINT; THENCE
NORTH 89 DEGREES 23'44• WEST, 38.12 FEET TO A POINT; THENCE
NORTH 0 DEGREE 38.28' EAST,' 5.00 FEET TO A POINT; THENCE
164.88 FEET ALM THE ARC OF A NOM.TANQENT CURVE TO THE LEFT, HAVING A
RADIUS OF 226.00 FEET, A CENTRAL ANGLE OF 38 DEGREES 22.00•, AND A LONG
CHORD BEARING NORTH 19 DEGREES 04'46• WEST, 13/.57 FEET TO A POINT; THENCE
ROM 38 DEGREES 49'45' WEST, 30.00 FEET TO A POINT; THENCE
NORTH 61 DEGREES 14.16' EAST, 110.00 FEET TO A POINT; THENCE
NORTH 26 DEGREES 11'31' NEST, 134.78 FEET TO A POINT; THENCE
NORTH 4 DEGREES 04'20' WEST, 277.45 FEET TO A POINT; THENCE
MONTH 71 DEGREES 48'35' WEST, 241.56 FEET TO A POINT; THENCE
NORTH 0 DEGREE 78'58• EAST, 132.59 FEET TO A POINT;. THENCE
NORTH 80 DEGREES 23'04• WEST, 110.00 FEET TO A POINT; THENCE
NORTH 0 DEGREE 38'68• EAST, 30.00 FEET TO A POINT; THENCE
3OUT11 N DEGREES 23'04' EAST, 175.04 FEET TO A POINT; THENCE
SOUTH 78 DEGREES 05120• EAST, 71.13 FEET TO A POINT; THENCE
SOUTH 83 OEGREES 13'10- EAST, 85.34 FEET TO A POINT; THENCE
SOUTH 56 DEGREES 28'32' EAST, 79.07 FEET TO A POINT; THENCE
SOUTH 53 DEGREES 15'00• EAST, 88:07 FEET TO A POINT; THENCE
SOUTH 42 DEGREES 31'18• EAST, 70.93 FEET TO A POINT; THENCE
SOUTH 96 DEGREES 28'22• EAST, 77,08 FEET TO A POINT; THENCE
SOUTH 5 DEGREES 49'08- EAST, 240.68 FEET TO A POINT; THENCE
SOUTH 8 DEGREES 18'07' EAST, 125.42 FEET TWA POINT; THENCE
SOUTH 13 DEGREES 88.20• EAST, 266.08 FEET TO A POINT; THENCE
SOUTH 42 DECREES'43'20• EAST, 263,07 FEET TO A POINT; THENCE
NORTH 61 DEGREES 49'13' EAST, 165.97 FEET TO A POINT; THENCE
NORTH 11 DEGREES 00'42' WEST. 399.24 FEET TO A POINT; THENCE
SOUTH 8B DEOREEB 18'49' EAST, 398.40 FEET TO A POINT; THENCE
BOUTH 79 DEGREES 02'19• EAST, 61.10 FEET TO A POINT; THENCE
SOUTH 80 DEGREES 40'15' EAST, 184.30 FEET TO A POINT; THENCE
SOUTH 89 DEGREES 10.18' EAST, 136.30 FEET TO A POINT; THENCE
SOUTH 0 DEGREE 30'15' WEST, 235.03 FEET TO A POINT; THENCE
NORTH OB DECREES 29'45• WEST, 80.00 FEET TO A POINT; THENCE
SOUTH 78 DEGREES 33149' WEST, 182.71 FEET TO A POINT; THENCE
SOUTH 11 DEGREES 45'15' WEST, 186.77 FEET TO A POINT; THENCE
SOUTH 0 DEGREE 30'15' WEST, 154.10 FEET TO A POINT; THENCE
266.88 FEET ALONG THE ARC Of A NON -TANGENT CURVE TO THE LEFT, HAVING A
RADIUS OF 428.00 FEET, A CENTRAL ANGLE OF 38 DECREES 56.31•, AND A LONG
CHORD BEARING SOUTH !3 DEGREES 04'11• WEST, 203.33 FEET TO THE POINT OF
BEOIRNING.
PARCEL Iv -0
A PORTION OF THE SOUTHEAST WMTER OF THE NORTHWEST QUARTER OF SECTION 3,
TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY,
IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE COONER,COMMON TO SECTIONS 4, 9, 10 AND THE SAID SECTION
3; THENCE.
NORTH 0 DEGREE 38111• EAST, 2851.19 FEET TO THE OUARTER CORNER COMMON TO
SAID SECTIONS 3 AND 4 AS SAME WAS REESTABLISHED DY LS 072 (CP 8 F
INSTRUMENT NO. 7852146, RECORDS OF AOA COUNTY, IDAHO(; FROM WHICH THE
NORTHWEST CORNER OF SAID SECTION 3 BEARS NORTH 0 DEGREE 38.27• EAST,
2607.48 FEET; THENCE
NORTH 0 DEGREE 36.27' EAST 22.84 FEET TO A SIB• ICON PIN; THENCE
SOUTH 88 DEGREES 66'311 EAST, 1614.53 FEET TO THE REAL POINT OF BEGINNING;
TIHENCE
NORTH 1G DEGREES 33'30' EAST, 72.37 FEET TO A POINT; THENCE
120.52 FEET ALONG THE ARC OF A NON-TANOENT CURVE TO THE RIGHT, HAVING A
RADIUS OF 800.00 FEET A CENTRAL ANGLE OF 12 DEGREES 22'07', AND A LONG
CHORD BEARING SOUTH 58 DEGREES 49'29• EAST' 129.27 FEET TO A POINT; THENCE
SOUTH 70 DEGREES 36126' EAST, 4.33 FEET TO'A POINT; THENCE
NORTH 88 DEGREES 66'31' WEST, 124.84 FEET TO THE POINT OF BEGINNING.
PARCEL IV•9
A PORTION OF THE SOUTHEAST DUARTER OF THE NORTHNEST QUARTER OF SECTION 3,
TOWNSHIP 3 NORTH, RANGE 1 REST,BOISE MERIDIAN, MERIDIAN, ADA COUNTY,
IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE CORNER Gmmm TO SECTIONS 4, 9, 10 AND THE SAID SECTION
3; THENCE
NORTH 0 DEGREE 38'11: EAST, 2881.10 FEET TO THE QUARTER CORNER GOWN TO
SAID SECTIONS 3 AND 4 AS SAME WAS REESTABLISHED BY LS 972 (CP t F
INSTRUMENT NO. 7852148, RECORDS OF AOA COUNTY, IDAHO); FROM WHICH THE
NORTHWEST CORNER OF SAID SECTION 3 BEARS NORTH 0 DEGREE 38'27' EAST,
2987.40 FEET; .THENCE
NORTH 0 DEGREE 38.27• EAST 22.84 FEET TO A S/8• IRON PIN; THENCE
SOUTH 88 DEGREES 55.31- EAST, 1977.72 FEET TO A 6/8'.IRON PIN AND THE REAL
POINT OF BEGINNING; THENCE
NORTH 88 DEGREES 35'31' WEST, 109.82 FEET TO A POINT; THENCE
11.08 FEET ALONG THE ARC OF A HON -TANGENT GURVE TO THE LEFT, HAVING A
RADIUS Of 240.75 FEET, A CENTRAL ANGLE OF 2 DEGREES 32'16', ANO A LONG
CHORD BEARING NORTH 49 DEGREES 22'17' WEST, 11.06 FEET TO A POINT; THENCE
NORTH 50 DEGREES 38'25' WEST, 94.32 FEET TO A POINT; THENCE
00.45 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 980.00
FEET, A CENTRAL ANGLE OF 6 DEGREES 06'38', AND A LONG CHORD BEARING NORTH
53 DEGREES 11'13' WEST, 80.43 FEET TO A POINT; THENCE
30.13 FEET ALONG THE ARC OF.A CURVE TO THE RIGHT, RAVING A RADIUS OF 20.00
FEET, A CENTRAL ANGLE OF BB DEGREES 18'50', AND A LONG CHORD BEARING NORTH
12 DEGREES 34'36• WEST, 27.]9 FEET TO A POINT; THENCE
NORTH 30 DEGREES 34'30' FAST, 84.13 FEET TO A POINT; THENCE
269.77 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF
375.00 FEET, A CENTRAL ANGLE OF 41 OEOREES 13'04', AND A LONG CHORD BEARING
NORTH 61 DEGREES 11.21' EAST, 283.99 FEET TO A POINT; THENCE
SOUTH 0 DEGREE 30'15' WEST, 369.89 FEET TO THE POINT OF BEGINNING.
LEGAL DESCRIPTION CONTINUED -4ZINITZALs
SUR
ATTACHMENT "A"
PARCEL V
LOTS 1 AND 62 IN BLOCK S. AND LOT 11 IN BLOCK 9 OF CHERRY LANE VILLAGE N0.
1 SUBDIVISION, ACCORDING TO THE PLAT THEREOF FILED IN BOOK 44 OF PUTS AT
PAGES 3537 THRV 3330, RECORDS OF AOA COUNTY, IDAHO.
PARCEL VI
LOTS 12 AND 21 IN BLGCK 9 AND LOT 4 IN BLOCK 11 AND LOT 53 IN BLOCK 5 OF
CHERRY LANE VILLAGE NO. 2 SUBDIVISION, ACCORDING TO THE PLAT THEREOF,
FILED IN BOOK 46 OF PLATS AT PAGES 3791 AN 3792,
IDAHO. RECORDS Of AOA COUNTY,
PARCEL VIS
LOT 83 IN BLOCK 5 AND LOT 14, IN BLOCK 13 CHERRY LANE VILLAGE NO. 3
SUBDIVISION ACCORDING TO THE OFFICIAL PLAT THEREOF FILED IN BOOK 58 OF
GE
PLATS AT PAS 6473 TNnU 5475, RECORDS OF AOA COUNTY, IDAiD.
PARCEL VIII
LOT 28 IN BLOCK 11 AND LOT 30 IN BLOCK 13 CHERRY LANE VILLAGE No. 4
SUBDIVISION ACCORDING TO THE OFFICIAL PLAT THEREOF FILED IN SOOK 63 OF
PUTS AT PAGES 6376 ANO 8377, RECORDS OF AGA COUNTY, IDAHO.
PARCEL IK
LOT 9 IN BLOCK 1 OF RECORD OF SURVEY N0. 602 OF ADJUSTED LOT LINES FOR
LOTS B, 9 AND 10, IN BLOC!( 1 OF THE LAKE AT CHERRY LANE, ACCORDING TO THE
PLAT THEREOF, FILED IN BOOK 52 OF PLATS AT PAGES 4589 AND 4670, WORDS OF
ADA COUNTY, IDAHO,
PARCEL Y
LOT 5 IN BLOCK 1 AND LOT 13 IN BLOCK 2, THE LAKE AT CREROY LANE N0. 2,
ACCORDING TO THE PLAT THEREOF, FILED IN BOOK 54 OF PLATS AT PAGES 4682 AND
4863, RECORDS 0► ADA COUNTY, IDAHO.
PARCEL KI
LOT 24 IN BLOCK 2 OF THE LAKE AT CHERRY LA+IE N0. 3 SUBDIVISION CORDING
TO THE OFFICIAL PLAT THEREOF FILED IN BOOK 70 OF PUTS AT PAGES AC7167 AND
7199, RECORDS OF ADA COUNTY, IONTO,
PARCEL ]III
LOT 19 IN BLOCK 1 AND LOT 46 IN BLOCK 2 OF THE LACE AT CHERRY LANE N0. 4
SUBDIVISION, ACCORDING TO THE OFFICIAL PLAT THEREOF, FILED IN BOOK 74 OF
PLATS AT PAGE 7874 AND 7975, RECORDS OF AOA COUNTY, IDAHO.
END OF LEGAL DESCRIPTION 41, ITIALS