Leasehold Deeed of TrustRECORDATION REQUESTED BY:
IDAHO INDEPENDENT BANK
MERIDIAN OFFICE
113 EAST IDAHO AVENUE
MERIDIAN, ID 83642
ON RECORDED MAIL TO:
IDAHO INDEPENDENT BANK
MERIDIAN OFFICE
113 EAST IDAHO AVENUE
MERIDIAN, iD 83642
SEND TAX NOTICES TO:
LAKEVIEW MERIDIAN INVESTORS, LLC
R.R. DAVIS PROPERTIES, INC.
4200 W. TALAMORE BLVD.
MEREM, ID 83642 SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY
LEASEHOLD
DEED OF TRUST
MAXIMUM LIEN. The lien of this Dead of Trust shall not exceed at any one time $649,759.84.
THIS DEED OF TRUST is dated May 17, 2006, among LAKEVIEW MERIDIAN INVESTORS, LLC AND R.R. DAVIS
PROPERTIES, INC., whose address Is 4200 W. TALAMORE BLVD., MERIDIAN, ID 83642 ("Grantor"); IDAHO
INDEPENDENT BANK, whose address Is MERIDIAN OFFICE, 113 EAST IDAHO AVENUE, MERIDIAN, ID 83642
(referred to below sometimes as "Lender" and sometimes as "Beneliiclary"); and PIONEER TITLE COMPANY OF
ADA COUNTY, whose address is 8151 W. RIFLEMAN AVENUE, BOISE, ID 83704 ireferred to below as
"Trustee").
CONVEYANCE AND GRANT. For valuable consideration, Grantor does hereby irrevocably grant, bargain, sen and convey in trust, with power of
sale, to Trustor for the benefit of Lender as Beneficiary, all of Grantor's right, title, and interest in, to and under the Lease described below of
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 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 any rights Grantor later acquires in the fee
simple title to the land, subject to the Lease, and all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in
ADA County, State of Idaho:
See EXHIBIT "A', which is attached to the Deed of Trust and made a part of this Deed of Trust as If fully set
forth herein.
THIS DEED OF TRUST INCLUDES ALL OF THE LESSEE'S INTEREST IN THAT PROPERTY DESCRIBED ABOVE
UNDER THE LEASE AGREEMENT ORIGINALLY DATED MAY 17, 2005 BETWEEN THE CITY OF MERIDIAN AS
*ESSOR AND LAKEVIEW MERIDIAN INVESTORS, LLC AND R.R. DAVIS PROPERTIES, INC. AS LESSEES.
Real Property or Its address Is commonly known as 4200 W. TALAMORE BLVD., MERIDIAN, ID 83642.
CROSS -COLLATERALIZATION. In addition to the Note, this Deed of Trust 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 erleing, 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 (alsa known as Beneficiary in this Dead of Trusti all of Grantor's right, title, and Interest in and to all present
and future leases of the Property and alf Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security
interest In the Personal Property and Rents.
THIS DEED OF TRUST, 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 18) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE,
THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
PAYMENT AND PERFORMANCE. Except as otherwise provided In this Dead of Trust, Grantor shall pay to Lender all amounts secured by this
Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Grantor's obligations under the Note, this Deed of
Trust, and the Related Documents.
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 menage the Property; and (3) collect the Rents from the Property. The following provisions relate to the use of the
Property or to other Ilmitations on the Property. THE REAL PROPERTY EITHER IS NOT MORE THAN FORTY (40) ACRES IN AREA OR IS
LOCATED WITHIN AN INCORPORATED CITY OR VILLAGE.
Duty to Maintain. Grantor shalt maintain the Property in tenantable condition and promptly perform all repairs, replacements, and
maintenance necessary to preserve its value.
Compliance With Environmantai Laws. Grantor represents and warrants to Lender that: (11 During the period of Grantor's leasehold
Interest in the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
Hazardous Substance by any person on, tinder, 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 *a Property; and (b) any such activity shalt 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 Deed of Trust. Any inspections or tests made by
Oodrr
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
o any other person. The representations and warranties contained herein are based on Grantor's due d3igence in investigating the
perty for Hazardous Substances. Grantor hereby (1) reteases and waives any future dakns against Lender for indemnity or
contribution In the event Grantor becomes liable for cleanup or other costs under any such laws; and (2) agrees to indemnity and hold
harmless Lender against any and all claims, losses, liabilities, damages, penalties, and expenses which Lander may directly or Indirectly
sbetain or suffer resulting from a breach of this'sectlon of the Deed of Trust 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 Deed of Trust, including the obligation to indemnify, shall
survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Deed of Trust and shall not be affected
EBSTBTT 11A7
DEED OF TRUST
Loan No: 5590258 (Continued)
Page 2
by Lender's actgrlsition of any interest In the Property, whether by foreclosure or otherwise.
Nuisance, Waste. Grantor shalt 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 goal, coal, clay, scoria, Boll, graver 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 requite 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 Deed of
Trust.
Compliance with Governmental Requirements. Grantor shag 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 )n the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond,
reasonably satisfactory to Lander, to protect Lender's interest.
Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do an 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.
Compliance with Lease. Grantor will pay all rents and will strictly observe and perform on a timely basis an other terms, covenants, and
conditions of the Lease. Grantor will indemnify and hold Lender harmless against all losses, liabilities, actions, suits, proceedings, costs
including reasonable attorneys' fees claims, demands, and damages whatsoever which may be incurred by reason of Grantor's failure to
pay rents or strictly observe or perform under the Lease.
Other Agreements Relating to the Lease. Grantor further agrees (1) not to surrender, terminate, or cancel the Lease, and (21 not to
modify, change, supplement, alter, or amend the Lease, either orally or In writing, without Lender's prior written consent. Any attempt by
Grantor to do any of the foregoing without Lender's prior written consent will be void and of no force and effect. At Lender's option,
Grantor will deposit with Lender as further security all original documents relating to the Lease and the leasehold Interest in the Property.
Unless Grantor is In breach or default of any of the terms contained in this Deed of Trust, Lander will have no right to cancel, modify,
change, supplement, alter or amend the leasehold interest. No estate in the Property, whether fee title to the loasshold premises, the
leasehold estate, or any subleasehold estate, will merge without Lender express written consent; rather these estates will remain separate
and distinct, even if there is a union of these estates in the landlord, Grantor, or a third party who purchases or otherwise acquires the
estates. Grantor further agrees that if Grantor acquires all or a portion of the fee simpre title, or any other leasehold or subleasehold title to
the Property, that title will, at Lander's option, immediately become subject to the terms of this Deed of Trust, and Grantor will execute,
deliver and record all documents necessary or appropriate to assure that such title is secured by this Deed of Trust.
Notices Relating to the Lease. Grantor will promptly notify Lender in writing.,
(1) if Grantor is In default in the performance or observance of any of the terms, covenants, or conditions which Grantor Is to perform
or observe under the Lease;
(2) If any event occurs which would constitute a default under the Lease;
(3) if any notice of default Is given to Grantor by the landlord under the Lease;
IQ if, pursuant to the Lease, any proceeds received for the Property are deposited with someone other than Lender, whether received
from any insurance on the Property or from the taking of any OF all of the Property by eminent domain; and
(5) ff any arbitration or appraisal proceedings are requested or instituted pursuant to the Lame.
Grantor agrees to provide Lender promptly with it copy of all written materials relating to any of the above and to provide Lender with such
other information as Lender may reasonably request. Grantor agrees that promptly after the execution and delivery of this Deed of Trust,
Grantor will notify the landlord under the Lease in writing of the execution and delivery of this Deed of Trust and of the name and address
of Lander and will deliver a copy of this Deed of Trust to the landlord,
Option to Cure Lease Default. Upon Lender's receipt of any written notice of Grantor's default under the Lease, Lander may, at Lender's
option, aura such default, even though Grantor, or any party on behalf of Grantor, questions or denies the existence of such default or the
nature of the default, Grantor expressly grants to Lender the absolute and immediate right to enter upon the Property to such extent and as i
often as Lender in it sale discretion deems necessary or desirable in order to prevent or cure any
t ssuucfhf�depfaaullt bbyy Grantor.
DUE ON SALE - CONSENT BY LENDER. Lander may, at Lander's option, declare immediately due aAd oaNyTrN e a sit—ums-saL NWIM ilea o
Trust upon the safe 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 dead,
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 Deed of Trust:
Payment. Grantor shall pay when due (and in all events prior to delinquency) all taxes, special taxes, assessments, charges (including
water and sewer), fines and Impositions leveed against or on account of the Property, and shall pay when due all claims for work done on or
for services randared or material furnished to the Property. Grantor shall maintain the Property free of all liens having priority over or equal
to the interest of Lander under this Deed of Trust, except for the lien of taxes and assessments not due and except as otherwise provided
in this Eked of Trust.
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 Lander's interest in the Property is not jeopardized. If a lien arises or Is filed as a result of nonpayment,
Grantor shall within fifteen (t5) 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 Lander, deposit with Lender cash or a sufficient corporate surety bond or other security
satisfactory to Lander 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 shag name Lender as an additional obligee under any surety bond
furnished in the contest proceedings.
Evidence of Payment. Grantor shag upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall
authorize the appropriate governmental official to deliver to Lander at any time a written statement of the taxes and assessments against
the Property.
Notice of Construction. Grantor shall notify Lender at least fifteen (13) days before any work is commenced, any services are furnished, or
• any materials are supplied to the Property, if any mechanic's lien, materialmon'e lien, or other lien could be asserted on account of the
work, services, or materials. Grantor will upon request of Lender furnish to Lander advance assurances satisfactory to Lander 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 Dead of Trust.
Maintanange of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements an
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 Lander may request with Trustee and Lender being named as
additional insureds in such liability insurance policies. Additionally, Grantor shall maintain such other insurance, including but not limited to
DEEB OF TRUST
Loan No: 5590258 {Continued) Page 3
hazard; business interruption, and boiler insurance, as Lender may reasonably require. Policies shall be written in form, amounts, coverages
and basis reasonably acceptable to Lender and issued by a company or companies reasonably acceptable to Lender. Grantor, upon request
of Lander, will deliver to Lender tram time to time the policies or certificates of insurance in form satisfactory to Lender, including
stipulations that coverages will not be cancelled or diminished without at least ten (10) days prior written notice to Lander. 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, within 45
days after notice Is given by Lender that the Property is located In a special flood hazard area, for the full unpaid principal balance of the
loan and arty prior 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 I15) days of the casualty. Whether or not Lender's security is impaired, Lander 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. It Lander slants to apply the proceeds to restoration and repair, Grantor
shall repair or replace the damaged or destroyed. Improvements in a manner satisfactory to Lander. Lander 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 Dead of Trust. Any proceeds which have not been disbursed within 180 days after their roosipt 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 Deed of Trust, 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 Lander, 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 Lander, have an independent appraiser satisfactory to Lander determine the cash value
replacement cost of the Property.
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 Dead of Trust 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 Deed of Trust or any Related Documents, Lander 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 an
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. Ag 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. AN such expenses will become a part of
the Indebtedness and, at Lender's option, will (A) be payable on demand; (8) 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 Deed of Trust
also will secure payment of these amounts. Such right shall be in addition to all other rights and remedies to which Lander may be entitled upon
Default.
WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Dead of Trust.-
Title.
rust:
Tole. Grantor warrants that: Is) Grantor holds good and marketable title of record to the leasehold Interest in the Property pursuant to the
Lease, free and clear of all liens and encumbrances other than those set forth in the Real Property description br in any title insurance
policy, title report, or final titre opinion issued In favor of, and accepted by, Lender In connection with this Deed of Trust, and (b) Grantor
has the full right, power, and authority to execute and deliver this Deed of Trust 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 lawfulclaims of all persons. In the evert any motion or proceeding Is commenced that questions Grantor's two or the interest of
Trustee or Lender under this Dead of Trust, 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 Lander 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 mid Warranties. All representations, warranties, and agreements made by Grantor in this Deed of Trust shall
survive the execution and delivery of this Deed of Trust, 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 Dead of Trust:
Proceedings. If any proceeding in condemnation Is filed, Grantor shall promptly notify Lander 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
Lander 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 Trustee or Lender in connection with the condemnation.
IMPOSITION OF TAXES, FEES AND CHARGES SY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes,
fees and charges are a part of this Deed of Trust:
Current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to this Deed of Trust 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 Deed of Trust,
including without limitation all taxes, fees, documentary stamps, and other charges For recording or registering this Deed of Trust.
Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Deed of Trust or upon all or
any part of the Indebtedness secured by this Deed of Trust; (21 a specific tax on Grantor which Grantor is authorized or required to
deduct from payments on the Indebtedness secured by this type of Deed of Trust; (3) a tax on this type of Dead of Trust chargeable
against the Lender or the holder of the Note; and 44) a specific tax an 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 Deed of Trust, this event shall have
the same affect 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 111 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 Deed of Trust as a security agreement are a part
of this Deed of Trust:
Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and
*-:nd., shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time.
curity 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 Deed of Trust in the real property records, Lender may, at
any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this Deed of Trust as a
financing statem,nt. Grantor shall reimburse Lender for alf expenses incurred In perfecting or continuing this security Interest. Upon
default, Grantor shall not remove, sever or detach the Persona[ 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 Lander to the extent permitted by appllcable low.
DEED OF TRUST
Loan No: 5590258 (Continued) Page 4
Addresses. The matting addresses of Grantor (debtor) and Lander (secured party) from which information concerning the security interest
granted by this Deed of Trust may be obtained (each as required by the Uniform Commercial Code) are as stated on the first page of this
Deed of Trust.
A
FURTHER ASSURANCES; ATTOANEYaN•FACT. The Following provisions relating to further assurances and attorney-in-fact are a pert of this
Deed of Trust:
Further Assurances. At any time, and from time to time, upon request of Lander, 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 Dead of Trust, and the Related Documents, and (2) the liens and
security interests created by this Deed of Trust as first and prior liens on the Property, whether now owned or hereafter acquired_,by
Grantor. Unless prohibited by law or Lander 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 attoritay-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.
FULL PERFORMANCE. If Grantor pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Grantor under
this Deed of Trust, Lender shall execute and deliver to Trustee a request for full reconveyance and shall execute and deliver to Grantor suitable
statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the Personal Property. Any
reconveyance fee required by law shall be paid by Grantor, if permitted by applicable law.
EVENTS OF DEFAULT. Each of the following, at Leader's option, shall constitute an Event of Default under this Deed of Trust:
Payment Default. Grantor fails to make any payment when due under the Indebtedness.
Other Defaults. Grantor fate to comply with or to perform any other term, obligation, covenant or condition contained at this Deed of Trust
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.
Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this Deed of Trust, the Note or in
any of the Related Documents.
Default on Other Payments. Failure of Grantor within the time required by this Dead of Trust to make any payment for taxes or insurance,
or any other payment necessary to prevent filing of or to effect discharge of any lien.
Default in Favor of Third Parties. Should Grantor default under any loan, extenslon 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 perform their respective obligations under this Deed of Trust 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
Deed of Trust 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 Deed of Trust 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 pert 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 forfaiture 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.
Lease Default. Grantor defaufts under the terms of the Lease, or any other event (whether or not Grantor's fault) results in the termination
or cancellation of Grantor's leasehold rights.
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. In the
event of a death, Lender, at Its option, may, but shall not be required to, permit the Guarantor's estate to assume unconditionally the
obligations arlsing under the guaranty In a manner satisfactory to Lender, and, In doing so, cure any Event of Default.
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 impa'ved.
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 Deed of Trust within the preceding twelve (12) months, it may be cured if Grantor, after receiving written notice from
Lender demanding cure of such default: (i) cures the default within fifteen (15) days, or (2) if the cure requires more than fifteen 05f
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. If an Event of Default occurs under this Deed of Trust, at any time thereafter, Trustee or Lender may
exercise any one or more of the following rights and remedies:
Notice of Default. In the Event of Default Lender shag execute or cause the Trustee to execute a written notice of such default and of
Lender's election to cause the Property to be sold to satisfy the Indebtedness, and shall cause such notice to be recorded in the office of
the recorder of each county wherein the Real Property, or any part thereof, is situated.
Election of Remedies. Election by Lander to pursue any remedy shall not exclude pursuit of any other remedy, and an election to maks
expenditures or to take action to perform an obligation of Grantor under this Deed of Trust, after Grantor's failure to perform, shall not
affect Lender's right to declare a default and exercise its remedies.
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 which Grantor would be required to pay.
Foreclosure. With respect to all or any part of the Real Property, the Trustee shall have the right to foreclose by notice and sale, and
Lender shall have the right to foreclose by judiclel foreclosure, in either case In accordance with and to the full extent provided by
applicable law.
UCC Remedies. With respect to all or any part of the Personal Property, Lander shall have all the rights and remedies of a secured party
under the Uniform Commercial Code.
Collect Rents. Lender shall have the right, vrfthout notice to Grantor to take possession of and manage 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
DEED OF TRUST
Loan No: 5590258 (Continued) Page 5
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 Lander'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 parson, by agent, or through a
IWreceiver.
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 praeeding 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.
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 Lander'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. Trustee or Lender shall have any other right or remedy provided In this Dead of Trust or the Note or by law.
Notice of Sale. Lander shag 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.
Sala of the Property. To the extent permitted by applicable law, Grantor hereby waives any and all rights to have the Property marshalled.
In exercising as rights and remedies, the Trustee or Lendar shall be free to eel all or any part of the Property together or separately, in one
sale or by separate safes, Lender shall be entitled to bid at any public sale on all or any portion of the Property. Notice of sale having been
given as then required by law, and not less than the time required by law having elapsed, Trustee, without demand on Grantor, shall sell
the property at the time and place fixed by It in the notice of sale at public auction to the highest bidder for cash in lawful money of the
United States, payable at time of sale. Trustee shall deliver to the purchaser his or her deed conveying the Property so sold, but without
any covenant or warranty express or implied, The recitals In such deed of any matters or facts shall be conclusive proof of the truthfulness
of such matters or facts. After deducting all costs, fees and expenses of Trustee and of this Trust, Including cost of evidence of title and
reasonable attorneys' fees, including those In connection with the sale, Trustee shall apply proceeds of sale to payment of (a) all sums
expended under this Deed of Trust, not then repaid with interest thereon as provided In this Deed of Trust; (b) all Indebtedness secured
hereby; and (c) the remainder, if any, to the person or persons legally entitled thereto.
Attomeys Fees; Expenses. If Lender Institutes any suit or action to enforce any of the terms of this Deed of Trust, Lender shell 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 dote of the expendture until repaid. Expenses covered by this paragraph include, without limitation,
however subject to any limits under applicable law. Lander'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, tide insurance, and fees for the Trustee, to the extent
permitted by applicable law, Grantor also will pay any court costs, In addition to all other sums provided by law.
Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this section.
POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are part of this Deed of
Wctl
woreof Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee shall have the power to take the following
aonaa with respect to the Property upon the written request of Lender and Grantor: (a) join in preparing and filing a map or plat of the
Real Property, Including the dedication of streets or other rights to the public; (b) join in granting any easement or creating any restriction
on the Real Property; and Ic) join In any subordination or other agreement affecting this Deed of Trust or the interest of Lender under this
Deed of Trust.
Obligations to Nolifv. Trustee shall not be obligated to notify any other party of a pending sale under any other trust dead or lien, or of any
action or proceeding in which Grantor, Lender, or Trustee shall be a party, unless the action or proceeding is brought by Trustee.
Trustee. Trustee shall meet all qualifications required for Trustee under applicable taw. In addition to the rights and remedies set forth
above, with respect to all or any part of the Property, the Trustee shell have the right to foreclose by notice and sale, and Lender shall have
the right to foreclose by judicial foreclosure, in either case In accordance with and to the full extent provided by applicable law,
Successor Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee appointed under this
Deed of Trust by an Instrument executed and acknowledged by Lender and recorded in the office of the recorder of ADA County, State of
Idaho. The instrument shag contain, in addition to all other matters required by state law, the names of the original Lender, Trustee, and
Grantor, the book and page where this Deed of Trust is recorded, and the name and address of the sviceassor trustee, and the Instrument
shall be executed and acknowledged by Lender or its successors in interest. The successor trustee, without conveyance of the Property,
shall succeed to all the title, power, and duties conferred upon the Trustee in this Dead of Trust and by applicable law. This procedure for
substitution of Trustee shall govem to the exclusion of all other provisions for substitution.
NOTICES. Any notice required to be given under this Deed of Trust, 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 tolafaosimile (unless otherwise required by
law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as fust class,
certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. All copies of notices of
foreclosure from the holder of any lien which has priority over this Dead of Trust shall be sent to Lender's address, as shown near the beginning
of this Deed of Trust. Any party may change its address for notices under this Deed of Trust 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.
EXHIBIT 'A". An exhibit, titled "EXHIBIT "A'," is attached to this Dead of Trust and by this reference is made a part of this Deed of Trust just
as if all the provisions, terms and conditions of the Exhibit had been fully set forth in this Deed of Trust.
MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
Amendments. This Dead of Trust, together with any Related Documents, constitutes the entire understanding and agreement of the parties
as to the matters set forth in this Deed of Trust. No alteration of or amendment to this Deed of Trust 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 Lander, 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 leas all cash expenditures made in connection
with the oparation of the Property.
Caption Headings. Caption headings in this Dead of Trust are for convenience purposes only and are not to be used to Interpret or define
4 F.,
provisions of this Deed of Trust,
rger. There shall be no merger of the Interest or estate created by this Deed of Trust with any other Interest or estate in the Property at time held by or for the benefit of Lander in any capacity, without the written consent of Lander.
Governing Law. This Deed of Trust will be governed by federal law applicable to Lander 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 Deed of Trust has been accepted by Lender in the
State of Idaho.
Choice of Venue, If there Is a lawsuit, Grantor agrees upon Lander's request to submit to the jurisdiction of the courts of ADA County,
State of Idaho.
DEED OF TRUST
Loan No: 6590258 (Continued) rage 6
Joint and Several Liability. All obligations of Grantor under this Deed of Trust shall be joint and several, and all references to Grantor shall
mean each and every Grantor. This means that each Grantor signing below is responsible for all obligations in this Dead of Trust. Where
any one or more of the parties Is a corporation, partnership, limited liability company or similar entity, it is not necessary for Lender to
inquire Into the powers of any of the officers, directors, partners, members, or other agents acting or purporting to act on the entity's
behalf, and any obligations made or created in reliance upon the professed exercise of such powers shall be guaranteed under this Deed of
Trust.
No Waiver by Leader. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such waiver is given In writing
and signed by Lander. 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 Deed of Trust 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 Deed of Trust. 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 Deed of Trust, 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 Deed of Trust to be Illegal, invalid, or unenforceable as to any
person or circumstance, that finding shall not make the offending provision illegal, invalld, or unenforceable as to any other person or
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 Deed of Trust. Unless otherwise required by law, the
illegality, invalidity, or unenforeeabifity of any provision of this Deed of Trust shall not affect the legality, validity or enforceability of any
other provision of this Deed of Trust.
Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Grantor's interest, this Deed of Trust shall be
binding upon and inure to the benefit of the parties, thew 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 Deed of Trust and the
Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this Deed of Trust or liability under the
indebtedness.
Time Is of the Essence. Time is of the essence in the performance of this Deed of Trust.
Waive Jury. All parties to this Deed of Trust 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
of Idaho as to all Indebtedness secured try this Deed of Trust.
DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Deed of Trust. Unless
specifically stated to the oontrary, 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 pfurel shall include the singular, as the context may require. Words and terms not
otherwise defined in this Deed of Trust shall have the meanings attributed to such terms In the Uniform Commercial Code:
Beneflclary. The word "Beneficiary" means IDAHO INDEPENDENT BANK, and its successors and assigns.
Borrower. The word "Borrower" means LAKEVIEW MERIDIAN INVESTORS, LLC; and R.R. DAVIS PROPERTIES, INC. and Includes all
co-signers and ca -makers signing the Note and all their successors and assigns.
Deed of Trust. The words "Deed of Trust* mean this Deed of Trust among Grantor, Lender, and Trustee, and includes without limitation all
assignment and security interest provisions relating to the Personal Property and Rents.
Default The word "Default" means the Default set forth in this Deed of Trust 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, at seq. ("CERCLA"i, 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, end_Rgcovery 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 Delault" mean any of the events of default set forth in this Deed of Trust in the events of default
section of this Deed of Trust.
Grantor. The word "Grantor" means LAKEVIEW MERIDIAN INVESTORS, LLC; and R.R. DAVIS PROPERTIES, 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 thea 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 byproducts 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 Trustee
or Lender to enforce Grantor's obligations under this Deed of Trust, together with interest on such amounts as provided In this Deed of
Trust. Specifically, without limitation, Indebtedness includes all amounts that may be indirectly secured by the Crass-Collaterefization
provision of this Deed of Trust.
Lease. The word "Lease" means the lease of the Property dated May 17, 2005, between CITY OF MERIDIAN, Landlord and Grantor.
Lender. The word "Lender" means IDAHO INDEPENDENT BANK, its successors and assigns.
Note. The word "Note" means the promissory note dated May 17, 20DS, in the original principal amount of $649,759.84 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, factures, 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, an
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 Dead of Trust.
• Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental
agreements, guaranties, 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.
Rema. The word 'Rents" means all present and future rents, revenues, Income, issues, royalties, profits, and other beneflis derived from
the Property.
Trustee. The ward "Trustee" means PIONEER TITLE COMPANY OF ADA COUNTY, whose address is 8151 W. RIFLEMAN AVENUE,
BOISE, ID 83704 and any substitute or successor trustees.
DEED OF TRUST
Loan No: 5590258 (Continued) Page 7
EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND EACH GRANTOR AGREES TO ITS
ERMS.
RANTOR:
LAKEVIEW MERIDIAN INVESTORS, LLC
ORAS LANEY, LLC, Member of LAKEVIEW MERIDIAN INVESTORS, LLC
WHITEROCK IN�T. r of ORAS LANEY, LLC
By:
7. Man r o! ROC
INV S E
LANEYLAND ., Member of ORAS LAN6Y. LLC
By:
y, artner of LANEYLAND
R.R. DAVIS PERTIES, INC., Mem f LAKEVIEW MERIDIAN INVESTORS, LLC
46
By:
RI R. AVIS, Pirdifidint of R.R. DAVIS
PROPERTIES, INC.
R.R. DAVIS OPERTIES, I I .
By: e.-�
RI HARD R. DAVIS. Pres) enc of A.R. DAVIS
PROPERTIES, INC.
LIMITED LIABILITY COMPANY ACKNrtWII �r'
w.�,G+:;diz — — —i
KIMBERLY CLARKE
STATE OF Notary Public
FSS State of Idaho
COUNTY OF I
On this d'. , In the year 20 —N—, bafore me rn
8 i/ a notary pu rto In and for the State of Idaho, personally appeared T. ERIK OAAS, anager of
WHITEROCK INVESTMENTS, LLC and STEVEN tart' I i3aneral Partner of LANEYLAND L.P. and RICHARD R. DAVIS, President of R.R. DAVIS
PROPERTIES, INC k or identified to me (or proved to me on the oath of 1, to be members or
designated a is I If ed liability company of LAKEVIEW MERIDIAN INVESTORS, LLC, and the members or designated agents who
subscrib id II' sd 1 It company name to the foregoing instrument, and acknowledged tome that they executed the same in said limited
liability m Y e
Rssidfng at S11
Notary Public ftm
My commisslon expbas
CORPORATE ACKNOWLEDGMENT
STATE OF L194 00
ISS
COUNTY OF OW04
on this Ila day of /4 0' V , In the year 20 0 & , before me (� a "i'+f% �•
M y-*Icur , a notary public In and for the State of Idaho, personally appeared RICHARD R. DAVIS, President of
R.R. DAVIS PROPERTIES, INC., known or identified to me (or proved to me on the oath of S, to be an
authorized signer of R. DAVIS PROPERTIES, INC., is corporation that executed the instrument or the person who executed the Instrument on
baba f s ' or a a such corporstion executed the same.
/ Residing at I '' fS I� f /� i ►`}JtLC .r1a /pN¢
V15blic f r Idaho
y / t" ifs"
ission expires M
comm��».,
*311`
ftbLll�'
DEED OF TRUST
Loan No: 5590258 (Continued) Page 8
REQUEST FOR FULL RECONVEYANCE
(To he used only when obligations have been paid in full)
To: , Trustee
The undersigned is the legal owner and holder of all Indebtedness secured by this Deed of Trust. All sums secured by this Dead of Trust have
been fully peid end satisfied. You are hereby directed, upon payment to you of any sums owing to you under the terms of this Deed of Trust or
pursuant to any applicable statute, to cancel the Note secured by this Deed of Trust (which is delivered to you together with this Dead of Trust),
and to reconvey, without warranty, to the parties designated by the terms of this Deed of Trust, the estate now held by you under this Deed of
Trust. Please mall the reconveyance and Related Documents to:
Date: Beneficiary:
By:
V�moi..vq,w e.a.wow eww. w.rrR..w+mww,. r. un. raw, pwy,w n.wnr, .o n,wiwan,ow,neanen�me.re �ru,� rx.,•
•
0
1
EXHIBIT "A"
This EXHIBIT "A" Is attached to and by this reference is mads a part of the peed of Trust, dated May 17, 2006, and executed in connection
with a loan or other financial accommodations between IDAHO INDEPENDENT SANK and LAKEVIEW MERIDIAN INVESTORS, LLC; and R.A.
DAVIS PROPERTIES, INC.
PARCELi
A parcel of land being a portion of the Wast-haK Section 3, Township 3 North, Range I West, Boise Meridian, Meridian,
Ada County, Idaho and more particularly described as follows:
Begianiog at a brass cup marling the Southeast cororr ofthe Northeast quarter of Soction 3, Township 3 North, Range l
West, Boise Meridian, Meridian, Ada County, Idaho;
Thence along the Southerly boundary of said Northeast quarter of Section 3, North 88 degrees 5579" West 2643.29 fact to
a brass cap marling the Southwest corner of the Northeast quarto.
The= leaving said Southerly boundary North 75 degrees 30'00" West 190.00 Feet to a 2" iron pipe;,
Thencallorth 40 degrees 00'00" Weal 40.00 feet to an ironpin;
Thence South 75 degrees 5931" West 70.00 fat to an iron phi;
Thence South 25 degros 00'00" West 64.19 fat to an Iron pin;
Thence North 89 degree i 25'06" West 254.51 toes to a point, said point also being the real point of beginning;
Theca condoning North 69 degrees 25'06" East 100.01 feet to a point;
Thence South 00 degrees 30'1 V West 407.92 feet to a point;
Thence South 68 degrees 54'f 1" East 276.46 fed to a point marking a point of curve•.
Thence along a curve to the right 59.46 fat, said curve having a canal angle of 34 degrees 0410", a radios of 100.00 feet,
tangents of 30.64 feet and a Ioag chord of 58.59 feet bearing South 51 degrees 52'06" East to a point marking a point of
tangents;
Thence South 34 degrees 50'0 l" Fast 292.99 feet to a point;
Thence South 89 degrees 48'41" Fast 147.34 feet to a point,
Thane North 35 degrees 00'00" West 109.03 feet to a point;
'thence North 51 degrees 4500" West 580.00 feet to a point;
Thence North 00 degree 2944" East 335.18 feet to the point of beginning.
PARCEL H
A parcel of land lying in portions of the South half of the North half and theNorth half of the South half Of Section 3,
Township 3 North, Range I West, Boise Meridian, Meridian, Ada Courcy, Idaho and more particularly described as
follows:
Bc&mi eg at a point narking the Northwest corner of the said North balf of the South half of Section 3;
Thoma South 89 degrees 25'06" East 2,077.73 fat 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 2944" West 335.18 feet to a point;
Thence Son& 5 t degrees 45'00" East 580.00 fat to a point;
Thence South 35 degas 00'00" Fast 285.33 fest to a point;
Thence South 22 degrees 15'00' West 60.05 feet to a point;
Thence South 43 degrees 58'10" East 238.75 feet to a point;
Thence South 29 degrees 00'00" Bast 110.00 fed to a point;
Thence North 61 degrees DOW" But 8 1. 19 feet to a point of curve,
Thence Northeasterly along a curve to the lett 147.14 feet, said curve having a central angle of 48 degrees 107.8', a radius
of 175.00 feet, tangents of 78.23 feet and a long chord of 142.64 fat bearing North 36 degrees 54146" East to a point of
ending of curve;
TbenccNorth 56 degrees 30'00' West 151.36 trot to a point,
Thence North 41 degrees 30'00" West 203.92 fed to a point
Thence North 17 degrees IS'00" West 94.14 feet to apoint;
Thence North 22 degrow 15*00" East 147.00 fat to a point;
Thence North 65 degrees 50'00" East 45.00 fort to apoint
Thence South 87 degrees 20'00" East 78.40 feet to a point;
The= south 6a degrera 00'00" Bast 61.48 feet to a point;
Thence South 71 degrees 3325" East 88.05 fat to a point;
Thence South 60 degrees 00'00" Fast 108.33 feet to a point ofbeginning of curve,
Thence Northeasterly along a curve to the right 139.32 feet, said curve having a central angle of 25 degrees 35'19", a radius
of31 t.95 feet, tangents of 70.84 feet and along chord of 138.16 fat bearing North 56 degrees 1220" Had to a point of
(an8ong
Thence Noah 69 degrees OD 00" Past 115.08 feet to a point ofcurve;
ThenceNorthcasterly along a curve to the left 125.75 feet; said curve having a central angle of 24 degrees 2572", a radius
of 295.00 feet, tangents of 63.84 fat and a long chord of 124.80 fat bearing North 56 degas 4719" Past to a point of
ending of curve;
Thence North 44 degrees 00'00" West 79.63 feet to a point;
Thence North 67 degrees 000" West 160.00 feet to a point;
Thence South 65 degrees 51700" West 244.67 fat to a point;
TheemNorth 50 degrees 30'00" West 114.35 feet to a point;
Tluaallorth 44 degrees 00'00' East 90.00 fat to a point;
ihenceNoth 17 degrees 00'00" West 175.00 fat to a point;
Thence North 12 degrees 00'00" East 280.00 fat to a point;
Thence North 77 degrees 30'00" West 170.00 feet to a point;
Thence South 68 degrees DOW" West 265.00 fed to a point marking theNortheastcomer of the Southwest quarter of flu
said Section 3;
Thence North 75 degrees 30'00" West 190.00 feet to a point;
Thence North 40 degrees 0010' West 40.00 feet to a point;
Thence South 75 degrees 5T3 I" West 70.00 feat to a point
Thence South 25 degrees 00'00" West 64.19 feet to a point on the said Northerly boundary of the North half of the South
halfofSectioo 3;
TheoceNorth 99 degrees 25'06" West 254.51 feet along the said Northerly boundary of the North half of the South half of
• Section 3 to the point of beghming.
EXCEPT that portion lying within the following subdivisions:
Cheny [nae Village No. 1 Subdivision, according to the plat thereof; MW in Book 44 of Plats at Pages 3537 and 3538, .
records of Ada County, Idaho;
EXHIBIT "A"
Loan No: 5590258 (Continued)
CherryLam VillageNo. 2 Subdivision, a000rding to the plat th=4 filed in Book46 of Plats at Pages 3791 W03792,
records of Ada County, Idaho;
The lake at Cherry Lane, according to the plat thereof filed in Book 52 of Plats at Pages 4569 and 4570, records of Ada
County, Idaho;
The Lake at Cherry Lave No. 2, according to theplat thereof filed in Book54 of Plats at Pages 4882 and 4883, records of
Ada County, Idaho;
The Lake at Cherry Lane Na 4 Subdivision, according to tho plat thereof, Sled in Book 74 of Plats at Pages 7674 and
7675, records of Ada County, Waho,
PARCEL IIIA
A portion of the West half of Section 3, Township 3 North, Range 1 West, Boise Mcrid'wn, Meridian, Ada County, Idaho,
more particularly described as follom:
Commencing at the comer common to Sections 4, 9, 10 and the said Section 3;
Thence North 0 degree 38'11" Bast 2651.19 feet to the quarter corner common to said Sections 3 and 4 as same way
reestablished by ES 972 (CP & F INSTRUMENT NO.7852146, records of Ada County, Idaho}; from which the
Northwest tamer of said Section 3 bears North 0 degree 38'27" East 2697A9 feet;
ThemeNorth 0 degree 3827" East 22.64 feet to a 518" von pin;
Thence South 88 degrees 55'31" East 379.53 feet to the real point of beginaiog;
Thence continuing South 88 dgpm 55'31' East 182.65 feet to a point;
Thence South 8 degreas 18'10" East 440.66 feet to a point;
Thence South 16 degrees 11175" West 218.04 fed to a point;
Thence Nath 89 dcgrces 13'51' East 540.22 feet to a poi
Thence North 71 degrees 43'34" East 442.46 feet to a point;
Thence North 10 degrees 33150" East 487.84 fed to a point;
Thence South 88 degrees 551 V Fast 124.84 feet to a point;
Thence South 50 degrees 3825" Fast 89.99 fat to a point;
Thrace 165.33 feet along the arc of a curve to the right, having a radius of 250.25 feet, a central angle of 37 degrees 51'08",
and a long chord bearing South 31 degrees 4252" East 162.34 fed to a pout;
ThenceNorth 89 degrees 29144" West 120.24 feet to a point;
Thence South 4 degree 2717' East 80.30 fed to a point;
Thence South 0 degree 30'16" West 230.52 fat to a point;
Theme South 10 degrees 3120" West 123.51 fat to a point;
Thence South 30 degrees 14'07" West 119.57 feet to a point.
Thence South 50 degrees 5029" West 134.39 feet to a point,
Thence South 71 degrees 28'48" West 1200 fed to a point;
Thence South 82 degrees 4552" West 225.84 fed to a point
Thence South 89 degrees 02'57" West 67.30 'feet to a point•,
Thence South 89 degrees 02'57" West 67.30 feet to a point;
Thence North 89 degrees 1041" West 825.06 fed to a point,
Thence Nada 77 degrees 2920" West 148.07 feet to a point;
Thence North 89 degrees 10'41" West 160.40 fed to a point lying 65.00 fed Bost of the West boundary of said Section 3;
Thence along a laro 65.00 fat East of and parallel to the Wast boundary of said Section 3 Norib 0 degrees 38'11" East
247,64 foes to a point;
Thence South 89 degrees 21'49" EAU 156.03 FEST TO A POINT;
Thence North 45 degrees 03'16" East 163.61 fat to a point;
Thence North 5 degas 39'31" East 502.42 ted to the point of beginning.
PARCEL III -B
A portion of the West ball of Section 3, Township 3 North, Range l West, Boise Meridian, Meridian; Ada County, Idaho,
momparticularlydescribed as follows:
Commencing at the carnes common to Sections 4, 9.10 and the said Section 3;
Thence North 0 degree 38'11" Had 2651.19 fed to the quarter coma common to said Sabers 3 and 4 as same was
reeatablished by LS 972 (CP & F Lnslruowent No. 7852146, records ofAda County. Idaho); from which the Northwest
caeca of Bald Section 3 beats North 0 degree 3827' East 2697.49 feet
Thence North 0 delta 3827" Fast 22.64 fed to a 518' iron pin;
Thence South 88 degrees 5631" East 1977.72 feet to it 5/8" iron pin and the teal point of beginning;
Thence South 0 degree 30'15" West 413.59 fed to a point;
The= North 68 degrees 54'11" West 26.71 feet to a point;
Thence North 68 degrees 54' 11" Neat 26.71 fat to a point;
Thence North 0 degree 30115" East 217.93 fat to a point;
Thence 211.88 fed along the arc of a carve to the left, having a radius of 249.75 fat, a central angle of 48 degas 3625"
and a long chord bearing North 23 degrees 4T57' weat 205.58 fed to a point
Therm South 88 degas 55'31" Fast 109.62 fat to the point of beginning
PARCEL IV -A
A portion of the Southwest quarter of the Northwest quarte of Section 3, Township 3 North, Range l Wast, Boise
Meridian. Meridian, Ada County, Idaho, more particularly described as fo0ows:
Comm acing at the coma common to Sedioos 4, 9, 10 and the said Section 3;
Thence North 0 degree 38'1 V East, 2651.19 feet to the quarter corner common to said Section 3 and 4 as same was
reestablished by LS 972 (CP & F Instrument Na 7852146, records cf Ada County, Idaho}; from which thea oribwest
coma of said Section 3 bears North 0 degree 3827" East, 2697.49 €tet,
Thence North 0 degree 3827" East 22.64 fed to a 5/8" Iron pin;
Thence South 88 degrees 55'3 I" East, 379.53 feet to lbo rt l point of beginning;
Thence North 5 delta 39'31" East, 290.28 fed to a point
Thence 46.45 fed along the are of a nam -tangent curve to the right, having a radius of 250.00 feet, a central angle of 10
degree 3846", and a long chord bearing South 49 degrees 22143" Fast, 46.39 fed to a point;
Thence South 44 degrees 0320" Fast, 136.41 feet to a point;
Thence South 8 degrees 18'10' East, 165.80 feet to a point;
Thence North 38 degrees 5531' West, 182.65 fed to the point of begauing
Page 2
EXHIBIT "A"
Loan No: 5590258 (Continued) Page 3
PARCEL 1V -1s
A portion of Government Lot 4 and the Southwest quarter of thoNort west quarter of Section 3, Township 3 North, Range
1 West, Boise Mesidiao, Meridian, Ada County, Idaho more particularly described as follows:
Commencing at the corner common to Sections 4, 9,10 and the said Section 3;
Thence Nath 0 degree 38'11" East, 2651.19 feet to the quarter corner common to said Section 3 and 4 as same was
reestablished by 1S 972 (CP & F Instrument No. 7852146, records of Ada County, Idaho); from which the Nortimeat
corner of said Section 3 bears North 0 degree 3827" East, 2697.49 feet;
Tbence North 0 degree 3827" Fast 22.64 fed to a 54' iron pm;
Thence South 88 degrees 55'31" East, 834.71 feet to a point;
Thenen North I degree 0429" But 77.45 fat to the real point of beginning;
Thence 199.31 fed along the arc of curve to the right having a radius of 270.00 fat, a causal angle of 42 degrees 1741"
and along chord hearing North 65 degrees 12'11" West, 194.81 fed to a paint
Thence North 44 degrees 03"20" Wed, 198,06 fact to a point
TbenoeNorth 37 degree 38"05" Fast, 125.90 fed to a point
Tbc=Nw& 4 degrees 2620" Week 178.94 fat to a point;
Thence North 49 degrees 13'43" West, 619.18 fat to apoint
Thence North 89 digrces 2 MY Wes4 39.72 feet to a point
Thence North 0 degree 3827' East, 178.61 feet to a point
Thence South 89 degrees 21'33" Fast,104.94 fat to apoict
Thence North 26 degrees 46'55" East, 463.73 fed to a point;
TbenceNorth 13 degrees 05'08" East,186.18 feet to apoh¢;
Thence South 89 degrees 23'04" East, 221.37 fed to apoint;
Thence South 0 degree 3616" West, 30.00 fed to a point;
Thence North 89 degrees 23'04" West,114.43 feet to a poiat
Thence South 10 degrees 38' I V West, 162.48 fed to a point;
Thence South 5 degrees 309" East, 160.95 fat to a point,
Thom South 48 degrees 58'55' West, 66.41 Sect to a point
Thereon South 10 degree 49'04" West, 123.62 fed to a point
Thence South 12 degrees 00'00" East, 85.00 fed to a point
Thence South 53 degrees 26'21" Fast, 142.60 fat to a point
Thence South 6 degrees 51'51' W est,151.05 het to a point
Thence South 41 degrees 14'14" East, 171.06 fed to a point;
Thence South 89 degrees 1226" East, 122.33 fed to a point;
Thence South 43 degro s 03'05' East, 60.00 feet to a point;
Thence South 0 degree 36'15" West, 671.50 fat to the point ofbegiceing.
PARCEL IV -C
A portion of OuNorthwest quarter of Section 3, Township 3 North, Range 1 West, Boise Meridian, Meridiaq Ada County,
• Idaho, moreparticularly described as fold
Commencing at the comer common to Sections 4, 9,10 and the said Sectioa 3;
Thence North 0 degree 38'1 V East, 2651.19 feet to the quartet cane common to said Secom 3 ernes 4 as same was
reestablished by fS 972 (CP & F imtrummtNo. 7852146, records of Ada County, Idaho); Crow which tho Northwest
corner of said Section 3 beers Nmih 0 degreo 3827" Fast, 2697.49 fid;
Thence North 0 degree 382T East 22.64 fed to a $18" iron pin;
Tl = South 88 degrees 55'31' Haat, 1784.61 lett to a paint
Thence North 1 degree 0429" East, 303.15 feet to On real point of begirunbC
Thence Nath 66 degrees 28'40" Wat,157.70 fed to a point;
Thence North 56 degrees 5619" West„ 717.37 fat to a point
Them North 89 degrees 23'44" West, 36.12 feet to a point'
Thence North 0 degree 36'28" East, 5.00 fat to a point
Thence 154.59 feet along the arc of a non-taognm curve to the leg, having a radius of 225.00 feet, a astral angle of 39
degrees 22'00", and a long chord hearing North 19 degrees 04'45" west. 151.57 fed to a point;
Thence Nath 38 degrees 45'45" West, 39.00 fat to apoint
Thence North 5I degrees 1415" East, 110,00 fat to a point;
Thence North 26 degrees I IS West, 134.78 fed to a point;
Thence North 4 degrus 0420" West, 277.45 fat to a point
ThmceNorth 31 degrees 46'35" West, 24136 feet to a point;
T6eoceNodit 0 degree 36'56' East, 132.59 fed to a point
Tbeae North 89 degrees 23'04" West, l 10.00 fid to a point,
TboncoNorth 0 degree 36'56" East, 30.00 fed to a point
Thence South 89 degrees 23'04" East, 175.94 fat to a point;
Thence South 78 degrees 0529" Fast, 71.13 fat to a point;
Thence South 63 degrees 1396" East, 65.34 fed to a point;
Thence South 56 degrees 2832" East, 79.07 fed to a point;
Thence South 53 degrees 15'09" East, 86.07 fat to apoint;
Thence South 42 degrees 31'18' Easr. 70.53 het to a point
Thence South 35 degrees 28'22" East, 77.08 feet to a point;
Thence South 5 degrees 49'06" East, 249.89 het to a point;
Thence South 8 degrees 16VT' Fast, 125.42 fat to a point;
Thence South 13 degrees 5620' East, 266.06 fed to a point;
Thence South 42 degrees 4329' East, 283.07 feet to apoint
ThenceNorth 61 degrees 49'13" Bast, 165.37 fat to a point;
Thence North 11 degrees 00'42" West, 399.24 fed to a point
Thence South 89 degreas 18'49" Hast, 398.40 fol to a point
Thence South 79 degrees 02'15" East, 61.16 feet to a point
Thence South 60 degrees 40'I5" East, 16439 feet to a point
Thence South 85 degrees 10'18" East, 136.30 fed to a point;
Thence South 0 degree 3015" West, 235.93 feet to a point;
Thence North 89 degrees 2945' West, 811.00 fed to a point
Thence South 78 degrees 3349" West, 182.71 fed to a point;
Thence South I1 degas 45'15" West, 185.77 fed to a point
Tbcom South 0 degree 30'15' Wcst,154.10 fed to a point;
The =288.86 fed along the arc of a non -tangent curve to the left, having a radius of 425.00 fed, a antral angle of 38
degrees 5631", and a long chord hearing South 63 degrees 04'1 V west, 28333 fed to the point ofbeglaft
EXHIBIT "A"
Loan No: 5590258 (Continued)
PARCEL IV -D
A portion of the Southeast quarter 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 comer common to Section 4, 9,10 and the said Section 3;
Thence North 0 degrea 38'11" East, 2651.19 feet to the quarter comer common to said Sections 3 and 4 as same was
reenablished by IS 972 (CP & F InstrumeotNo. 7852146, records of Ada County, Idaho); from which the Northwest
comer of said Section 3 beats North 0 degree 36'27' East, 2697.49 het•,
Tbw=North 0 degree 3877" Fast 22.64 feet to a 5/8' iron pin;
Thence South 88 degrees 55'31' East, 1614.53 feet to the real point of beginning;
Thence North 10 degrees 33'50' East, 72.37 het to apoint,
PARCEL IV -E
A portion of Ute Southeast quarter of the Northwest quarter of Saetion 3, Township 3 North, Range 1 Wen, Boise
Meridian, Meridian, Ada Cotmty, Idaho, more particularly described as follows:
Commencing at the corner common to Sections 4.9, 10 and the said Section 3;
Thence North 0 degree 38'11" Easy 2651.19 fat to the quarter coma common to said Sections 3 and 4 as same was
reestablishod by LS 972 (CP & F iftumeat No. 7852146, records of Ada County, Idah ; from which the Northwest
coma of sold Section 3 bars North 0 degree 3837" East, 2697.49 feet;
The= North 0 degree 3837' Bast 22.64 feet to a 518" ken pin;
Thane South 88 dcgraes 5531" East, 1977.72 feet to a 5!8' ire* pia and the real point of beginning;
Theme No lh 88 degrees 5531" Wast 109.62 het to apoint;
Thence 11.06 fat along the are of a ma4mzc nt curve to the lett, having a raft of 249,75 foot, a earbal angle of 2
degrees 32'16', and a keg chord beating North 49 degrees 22'17' West, 11.06 fed to a point
Thence North SO degrees 3875" West, 94.32 fat to a point;
Thence 60.45 fat along the arc of a came to the hit, having a radius of 680,00 feet, a emtral angle of 5 degrees 05'36",
mad a bug chord bearing Nath 53 degrees 11'13" West, 60.43 fat to apoint;
Thence 30.13 fed along the are ofa wave to the tight, having a radius of 20.00 fat, a central angle o(86 degrees 18'So",
and a long chord bearing Nath 12 degrees 3436" West, 27.36 fad to a point
Theta North 30 degrees 34'50" But, 84.13 fed to apoint;
Thence 269,77 fat along Cho are ofa pave to the right, having a radius of 375.00 fed, a antral angle *1741 &7=13'04",
and a toog chord bearing North 51 degrees 1171" East, 263.99 fat to a paint
Tbenoe South 0 degre*3075" West, 369.89 fat to the point of beginning
PARCEL V
Lots 1 and 52 in Block 5, and Lot l l in Blaen 9 of Cherry Lane Village No. I Subdivision, according to the plat thereof
filed in Book 44 of Plats at Pages 3537 thru 3538, records ofAda County, Idaho.
is PARCEL VI
Lots 12 and 21 In Block 9 and Lot 4 in Block l i and Lot 53 in Block of Chary Lana Village Na 2 Subdivision,
according to the plat there*; filed in Book 46 of Plats at Pages 3791 and 3792, records ofAda County, Idaho.
PARCEL Vll
Lot 83 in Blocks and Lot 14, in Block 13 Cherry Lane Village, No, 3 Subdivision according to the official plat thereof filed
in Book 58 of Plats at Pages $473 thru 5475, ram* ofAda County, Idaho.
PARCEL VIn
Lot 28 in Block 1 I and Lot 39 in Block 13 Chary Lane Village Na 4 Subdivision according to the official plat thereof
filed in Book 63 of Plats at Pages 6376 and 6377, records of Ada County, Idaho,
PARCEL LX
Lot 9 in Block I of Raord O[SurveyNo. 802 of adjusted W lines for Lots S, 9 and 10, in Block I ofThe Lake at Chary
Lana, according to the plat thaeof filed in Bock 52 ofPlats at Pages 4569 and 4570, records ofAda County, Id"
EXCEPT that portion 1*9 within the original Lot 8,
PARCEL X
Lot 5 in Block I and Lot 13 in Block 2, The Lake at Chary Lane W 2, according to tho plat thereof. fi1M in Book 54 of
Plats at Pages 4882 and 4883, records ofAda Candy, Idaho.
PARCEL XI
Lot 24 in Block 2 of The Lake at Cleary Lane No. 3 Subdivision according to the official plat thereof Glad is Book 70 of
Plats at Pages 7167 and 716S, records ofAda County, Idaha
PARCEL X11
W 19 in Block I and Lot 46 in BIock2 of The Lake at Cbm f Lana Na 4 Subdivision, aceordeeg to the official plat
thereof, filed in Book 74 of Plats at Pager 7674 and 7675, records ofAda County, Idaho
Page 4
EXHIBIT "A"
Loan No: 5590288 (Continued] Page 5
THIS EXHIBIT 'A" IS EXECUTED ON MAY 17, 2006.
GRANTOR:
LAKEVIEW MERIDIAN INVESTORS, LLC
OAAS LANEY, LLC, Member of LAKEVIEW MERIDIAN INVESTORS, LLC
WHITEROCK INVESTM C, Member of OAAS LANEY, LLC
By:
T. ER WHITEROCK
INVEST E e r o
LANEYLANDVember of OAA �EY, LLC
FR. DAVIS P ERTIES, INC. emb KEVIEW MERIDIAN INVESTORS, LLC
By:
RD R. DAVIS, rest ent of R.R. DAVIS
PROPERTIES, INC.
R.R. DAVIS P TIES, IN .
L
By:
RI A013 R. DAV-1-8.00M61cTent of R.R. DAVIS
PROPERTIES, INC.
LA4rA MOLwIMp W. �.M000W Cq,. NN1.q Av�si Owp4 rs IYYI.IOGI. MfiTn �,,,rvM. • e >.YVM40PFOOVIR�NM11� K ROCK /ryY
r