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Gift Warranty Deed7, ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 9,00 BOISE IDAHO 04/20/07 04:14 PM DEPUTY Bonnie0berbillig IIIIIIIIIIIIIIII'lllll'lll'lllllll RECORDED- REQUEST OF ia7©5E'aSk7 After Recording Pioneer Return to: Foley Freeman Borton, PLLC 77 E, Idaho Suite 100 P.O. Box 10 Meridian, Idaho 83680 GIFT WARRANTY DEED THIS GIFT WARRANTY DEED is made this day of 2007, between Linder 109, LLC ("Grantor") and Joint School District No. 2, an Idaho sch of district body corporate and politic of the state of Idaho, whose current address is 911 Meridian Road, Meridian, Idaho 83642 ("Grantee"), FOR GOOD AND VALUABLE CONSIDERATION INCLUDING A PARTIAL GIFT to Grantee, Grantor does hereby grant, bargain, sell and convey to Grantee all of the real property located in the County of Ada, State of Idaho, described on Exhibit "A", attached hereto and made a part hereof (hereafter, the "Premises"), TO HAVE AND TO HOLD the Premises, with their appurtenances unto the said Grantee, its heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that it is the owner in fee simple of the Premises; that they are free from all encumbrances EXCEPT: Subject to all existing patent reservations, easements and right(s) of way of record, and exceptions 1 thru 6, 8, and 14, as set forth in Commitment Number 278629 dated March 9, 2007, issued by First American Title Insurance Company for Pioneer Title Company of Ada County, protective covenants, zoning ordinances, and applicable building codes, laws and regulations, and that Grantor(s) will warrant and defend the same from all lawful claims whatsoever. IN WIT ESS WHEREOF Gra ,tor has caused its name to be subscribed to this Gift Warranty Deed on this day of ti , 2007. GRANTOR: CINDER 109, LLC, an Idaho limited liability company �B Its: Manager GIFT WARRANTY DEEll -PAGE 1 of 2 CINDER 109, LL an Idaho limited company STATE OF IDAHO ) ) ss. Gounty of Ada ) On thisZO day of 66MIt 2007, before me, the undersigned, a Notary Public in and ttttittt for said State, personally appeared Tim W. Eck, known or identified tome to be a Manager of Linder 109, LLC, the Idaho limited liability company that executed the within and foregoing instrument, or the person who executed the instrument on behalf of said Idaho limited liability company, and acknowledged to me that such Idaho limited liability company 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 writtae1l mite,,, STATE OFIDAHO } ) ss. County of Ada ) ,••� 1. MER •. S�t1ZGTARycoo iJ��: °•, pUBL�G rl °: .qTg OF.... 19, Public for Idaho g at mission exoires: RESIDING AE CALDVVELL, ID N1 COnnt"41;tiION EXPIRES 05-05-2011 On thisvday of I before me, the undersigned, a Notary Public in and for said State, personally ap eared James L. Jewett, known or identified to me to be the Member of Linder 109, LLC, the Idaho limited liability company that executed the within and foregoing instrument, or the person who executed the instrument on behalf of said Idaho limited liability company, and acknowledged to me that such Idaho limited liability company 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, ,ASP°,......,:Pjo J 9 tyOTA4g1,, V ��°UBLtG :•� �.,.& OF 19 GIFT WARRANTY DEED —PAGE 2 of 2 at EXPIRES 05-05-2011 EXHIBIT "A PARCEL I: A tract of land situated in the Northeast one quarter of the Northeast one quarter of Section 23, Township 3 North, Range I West, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: Commencing at a found 5/8 inch steel pin monumenting the Northeast corner of said Section 23 on the centerline of S. Linder Road; Thence following the Easterly line of said Section 23, South 00°41'26" West a distance of 889.61 feet to a found 5/8 inch steel pin, from which a found 5/8 inch steel pin monumenting the West one quarter of said Section 23 bears South 00041'26" West a distance of 1761.06 feet; Thence leaving said Easterly line, North 89°19'41" West a distance of 48.00 feet to a set 5/8 inch steel pin being the POINT OF BEGINNING. Thence South 0004P26" West a distance of 370.98 feet to a set h inch steel pin; Thence 46.99 feet following the arc of a circular curve to the right, said curve having a radius of 30.00 feet, a central angle of 89°44'06", a chord bearing of South 45033'29" West and a chord distance of 4233 feet to a set % inch steel pin; Thence North 89°34'28" West a distance of 472.37 feet to a set''/2 inch steel pin; Thence 367,08 feet following the are a circular curve to the right, said curve having a radius of 400.00 feet, a central angle of 52034'50", a chord bearing of North 63017103" West and a chord distance of 354.34 feet to a set % inch steel pin; Thence North 36°59'38" West a distance of 219.92 feet to a set'/ inch steel pin; Thence 34.54 feet following the arc of a circular curve to the right, said curve having a radius of 30.00 feet, a central angle of 65057'29", a chord bearing of North 04°00'54" West and a chord distance of 32.66 feet to a set'/ inch steel pin; Thence 85.74 feet following the arc of a reverse curve to the left, said curve having a radius of 105.00 feet, a central angle of 46'47' 19", a chord bearing of North 05'34' 11" East and a chord distance of 83.39 feet to a set'/2 inch steel pin; Thence 34.54 feet following the are of a reverse curve to the right, said curve having a radius of 30.00 feet, a central angle of 65°57'29", a chord bearing of North 15009' 16" East and a chord distance of 32.66 feet to a set % inch steel pin; Thence North 48'08'00" East a distance of 37.99 feet to a set % inch steel pin; Thence 166.00 feet following the arc of circular curve to the left, said curve having a radius of 325.00 feet, a central angle of 29°15'56", a chord bearing of North 33030'02" East and a chord distance of 164.20 feet to a set % inch steel pin; Thence North 18°52'04" East a distance of 113.44 feet to a set % inch steel pin; Thence 84.10 feet following the arc a circular curve to the right, said curve having a radius of 275.00 feet, a central angle of 17031'19", a chord bearing of North 27°37'43" East and a chord distance of 83,77 feet to a set''/: inch steel pin; Thence South 49016'00" East a distance of 343.92 feet to a set''/2 inch steel pin; Thence South 62°09'27" East a distance of 379,49 feet to a set'/ inch steel pin; Thence South 00°41'26" West a distance of 25.38 feet to a set 519 inch steel pin; Thence South 89°19'41" East a distance of 151.25 feet to the POINT OF BEGINNING.