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Idaho Foodbank - warranty deedELECTRONiGALLY RECORDED - 00 NOT ADA COUNTY RECORDER Phil McGrane REMOVE THE COUNTY STAMPED FIRST BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 2019-074556 PAGE AS J IS NOVf 'NCORPORATED A5 08/14/2019 03:30 PM PART OF THE OqIGINAL DOCUWA NT. FIRST AMERICAN TITLE AND ESCROW COMPANY $15.00 RECORDING REQUESTED BY AND AFTER RECORDING MAIL TO: Idaho Foodbank Warehouse, Inc. c/o Holland & Hart LLP P.O. Box 2527 Boise, Idaho 83701-2527 �`2.333toR - GRANT DEED SPACE ABOVE TIM LINE FOR RECORDER'S USE ONLY This Grant Deed is made this 14th day of August, 2019, between CAPITOL DISTRIBUTING, INC., an Idaho corporation ("Grantor"), and IDAHO FOODBANK WAREHOUSE, INC., an Idaho non-profit corporation, whose mailing address is 3562 S TK Avenue, Boise, Idaho 83705-5278 ("Grantee"), witnesseth: That Grantor, for and in consideration of the sum of Ten Dollars and No Cents ($10.00), and other good and valuable consideration, the receipt whereof is hereby acknowledged, does, by these presents, grant, bargain, sell and convey unto Grantee and its successors and assigns forever, all the following described real estate situated in the County of Ada, State of Idaho: SEE SCHEDULE I ATTACHED HERETO AND INCORPORATED HEREIN Together with all and singular the tenements, hereditaments, and appurtenances (including, without limitation, water rights, if any) thereunto belonging or in anywise appertaining, the rents, issues and profits thereof; and all estate, right, title and interest in and to the property, as well in law as in equity, except as expressly provided otherwise herein. Grantor's covenants or warranties with respect to title, express or implied, are those, and only those, implied by use of the word "grant" as set forth in Idaho Code § 55-612 and that the above described real property is free from all monetary liens or encumbrances created, granted, caused or suffered by Grantor. The grant herein is subject to: (i) the lien of real property taxes not yet due and payable; and (ii) the matters set forth on Schedule II attached hereto and incorporated herein. EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, NO OTHER REPRESENTATIONS, EXPRESS OR IMPLIED, ARE CREATED BY THIS DEED. [Signature and acknowledgment on the next page] GRANT DEED - 1 IN WITNESS WHEREOF, this Grant Deed has been duly executed by and on behalf of Grantor as of the date first set forth above. M N:.\ .. 1 CAPITOL DISTRIBUTING, INC., an Idaho corporation By' Co Jac on, Director STATE OF IDAHO } } ss. County of Ada } On this 13th day of August, 2019, before me, Cq'q14 5(Af)7-e,* , a Notary Public in and for said state, personally appeared w r, s of , known or identified to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. *Director of Capitol Distributing, Inc., GRANT DEED - 2 NAry Public faho Residing at ft 69" My commission expires CYNTHIABURNETT NOTARY PUBLIC - STATE OF IDAHO COMMISSION NUMBER 43527 MY COMMISSION EXPIRES 12.1&2022 SCHEDULE I LEGAL DESCRIPTION OF PROPERTY Lots 5 and 6 in Block 2 of COMMERCE PARK SUBDIVISION, according to the plat thereof, filed in Book 45 of Plats at Pages 3721 and 3722, AND AMENDED BY an Affidavit recorded February 19, 1981, as Instrument No. 8107039, Records of Ada County, Idaho. LESS AND EXCEPTING that portion conveyed to Ada County Highway District by Warranty Deed recorded July 10, 1995, as Instrument No. 95046472 and corrected by Warranty Deed recorded September 8, 1995, as Instrument No. 95064880, Records of Ada County, Idaho. GRANT DEED - 3 SCHEDULE II PERMITTED ENCUMBRANCES 1. General and Special Taxes for the year 2019, an accruing lien not due or payable until the fourth Monday in November 2019 when the bills are issued, the first half of which is not delinquent until after December 20, 2019. 2. Liens, levies and assessments by Nampa -Meridian Irrigation District. 3. Liens, levies and assessments by Settlers Irrigation District. 4. Liens, levies and assessments by City of Meridian. Easements, reservations, restrictions and dedications as shown on the plat of said Subdivision. Partial Release of Utility Drainage Easement, recorded March 30, 2000, as Instrument No. 100023734, Records of Ada County, Idaho. 6. Right of way for Settlers Canal. 7. Agreement upon the terms, conditions and provisions contained therein: Parties: United States and Wilson Fruit Company Recorded: August 7, 1909 Instrument No.: Book 4 of Agreements at Page 522 through 525 8. Easement, including terms and provisions contained therein: Recording Information: 712338 In Favor of Idaho Power Company For: power lines 9. The effect of conditions contained in a Quitclaim Deed recorded February 10, 1974, as Instrument No. 875220, Records of Ada County, Idaho. 10. Covenants, Conditions, Restrictions and Easements recorded December 28, 1978, as Instrument No. 7868924, Ada County Records, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c). GRANT DEED - 4 11. Easement, including terms and provisions contained therein: Recording Information: 95055852 In Favor of. Idaho Power Company For: power lines 12. The effect of a map purporting to show the land and other property, filed Survey No. 4912, Instrument No. 100017976 of Record of Surveys. 13. Matters as shown on ALTA Survey, dated June 13, 2019, by The Land Group, Project No. 119093, which are as follows: Fence lines on the north boundary of said property lying inside the property line; unrecorded easements for underground power, water, gas, fiber optic and sanitary sewer purposes. GRANT DEED - 5