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Maintenance AgreementAFTER RECORDING PLEASE RETURN TO: Steven L. Schmidt 1016 W. Sanetta Nampa, ID 83651 ADA COUNTY RECORDER Christopher D. Rich 2018.066769 BOISE IDAHO Pgs=4 BONNIE OBERBILLIG 07/18/2018 10:14 AM S3 INVESTMENTS LP AMOUNT:$19.00 111111111111111111111111111111111111111111 I I ! 1111 00520296201800667690040042 MAINTENANCE AND OWNERSHIP AGREEMENT Legal Description (Full Legal on Exhibit A) This Maintenance and Ownership Agreement ("Agreement") made and entered into on July 2018 by S3 Investments LP ("S3"), an Idaho limited partnership. RECITALS A. S3 is the record owner of the parcel of real property which consists of sixteen fourplexes for a total of 63 dwelling units including, but not limited to, structures, parking area, common area, and other development features legally located at 1770 S. Linder Road, Meridian, Idaho and described in Exhibit A ("A") and hereinafter collectively referred to as "Linder Road Apartments"; and B. The parties desire to enter into a Maintenance and Ownership Agreement which outlines the responsibility of S3 to maintain Linder Road Apartments. AGREEMENTS 1. Maintenance S3 shall have sole responsibility for all maintenance for Linder Road Apartments. 2. Duration Maintenance of the Linder Road Apartments will be the perpetual responsibility of the Owner of the Linder Road Apartments. 3. Miscellaneous a. Entire Agreement. This Agreement contains the entire agreement and understanding and supersedes and replaces all other prior negotiation and proposed agreements, written or oral. Each party hereto acknowledges that no other party, nor the agent or attorney of any other party, has made any promise, representation, or warranty, express or implied, not contained in this Agreement concerning the subject matter of this Agreement to induce this Agreement, and the parties acknowledge that they have not executed this Agreement in reliance upon any such promise, representation, or warranty not contained in this Agreement. MAINTENANCE AND OWNERSHIP AGREEMENT — Page 1 S:\Rudolph\S3 Investments LP\Maintenance & Ownership Agreement clean.doc b. Modifications/Termination. No provision of this Agreement may be modified or terminated except by a written agreement of both parties. c. Waiver. No provision of this Agreement will be deemed to have been waived unless such waiver is in writing signed by the waiving party. Failure at any time to require performance of any provision of this Agreement will not be a waiver of any succeeding breach or a waiver of any, other provision of this Agreement. d. Notices. Any notice required or permitted by this Agreement must be in writing and delivered in person, or by reputable nationwide overnight courier (e.g., Federal Express), or by facsimile, or forwarded by certified or registered mail, postage prepaid, return receipt requested, at the address indicated below, unless the party giving such notice has been notified, in writing, of a change of address. Phone numbers and email addresses are provided for information and convenience only, not for notice purposes. S3 Investments LP 1016 W. Schmidt Nampa, ID 83651 Notices are effective on the date of delivery (or refusal to accept delivery), if notice is given by personal delivery or facsimile, on the next succeeding business day after deposit with an overnight courier for next day delivery, or if notice is sent through the United States mail, on the earlier of the date of actual delivery as shown by the addressee's receipt or the expiration of three (3) days following the date of mailing. [Remainder of Page Intentionally Left Blank] MAINTENANCE AND OWNERSHIP AGREEMENT — Page 2 S:\Rudolph\S3 Investments LP\Maintenance & Ownership Agreement clean.doc Signature Page for Maintenance Agreement S3 Investments LP, an Idaho limited partnership B &—/ Y• Steven L. Schmidt, General Partner STATE OF IDAHO ) ss. COUNTY OF %�C(� ) On this � �" " day of July, 2018, before me, Public in and for said State of Idaho, personally identified to me to be the General Partner of partnership. DATED:I —T V 000 A R SOL`', ` L4 O �y O d " 0 1 0 O O O } T�% O 0 0 IJ GO 000000OOOOp{"��i �7 �1/ C J�Oe``7 0 rsavCe��':�a _tl - a Notary appeared STEVEN L.SSCHMIDTknown or S3 INVESTMENTS LP, an Idaho limited Residing at t�5'' My appointment expires: MAINTENANCE AND OWNERSHIP AGREEMENT — Page 3 S:\Rudolph\S3 Investments LP\Maintenance & Ownership Agreement clean.doc EXHIBIT A Legal Description Linder Road Apartments PAR #3551 OF NW4NW4 SEC 24 3N 1W #223550-B MAINTENANCE AND OWNERSHIP AGREEMENT — Page 4 S:\Rudolph\S3 Investments I- Maintenance & Ownership Agreement clean.doc