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Warrenty Deed_Purchasing Agreement_2020.06.29ADA COUNTY RECORDER Christopher D. Rich 2017-060495 PioneerTitleCo. PIONEER TITTLE COMPANY OF DA COUNTY 061301201704:$5300 GOING BEYOND 1211 W Myrtle St, Plaza 11 Suite too Boise, ID 83702 ELECTRONICALLY RECORDED -DO NOT REMOVE THE COUNTY STAMPED FIRST PAGE AS IT IS NOW INCORPORATED AS PART OF THE ORIGINAL DOCUMENT File No. 624792 JB/MA WARRANTY DEED For Value Received Rafanelli and Nahas, a California general partnership hereinafter referred to as Grantor, does hereby grant, bargain, sell, warrant and convey unto United Heritage Life Insurance Company, an Idaho corporation hereinafter referred to as Grantee, whose current address is 707 t ; Jv kl e lle, t &9�. C. - The following described premises, to -wit: 1716e4�41 �L" . _'27) O- Loge Lots 20 and 22 in Block 4 of Central Valley Corporate Park No. 6, according to the plat thereof, filed in Book 76 of Plats at Pages 7960-7964, records of Ada County, Idaho. To HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s), and Grantees(s) heirs and assigns forever. And the said Grantor(s) does (do) hereby covenant to and with the said Grantee(s), the Grantor(s) is/are the owner(s) in fee simple of said premises; that said premises are free from all encumbrances EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee(s); and subject to U.S. Patent reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and current years taxes, levies, and assessments, includes irrigation and utility assessments, (if any) which are not yet due and payable, and that Grantor(s) will warrant and defend the same from all lawful claims whatsoever. Dated: June 28, 2017 Rafanelli and Nahas, L.P. a California Limited Partnership By: Rafanelli && Nahas nagement Corporation, its general manager By: Ron a%9 Nahas, Vice President State of Idaho, County of Ada L On this2_ clay of June in the year of 2017, before me, Janet L. Blosch, a Notary Public in and for said State, personally appeared Ronald Nahas, the Vice President of Rafanelli & Nahas Management Corporation, the General Partner of Rafanelli and Nahas L.P., a California Limited Partnership, the corporation that executed the within instrument and known or identified to me to be the Vice President who executed the within instrument on behalf of said corporation, said corporation being known or identified o me to be the General Manager of the Limited Partnership that executed the Partnership executWhe same. ilosch . ,� .•• •. at: Boise, Idaho :" Zw,•'• �CPRY ion Expires: March 17, 2023 �:••• P<)4ti�G q� �''•. STATE �F..°. ADA COUNTY RECORDER Phil McGrane 2019-084173 BOISE IDAHO Pgs=3 DAN RYALLS 09/09/2019 08:50 AM UNITED HERITAGE AMOUNT $15 00 WARRANTY DEED 00670790201900841730030031 For Value Received, Rafanelli and Nahas L.P., a California general partnership hereinafter referred to as Grantor, does hereby grant, bargain, sell, warrant and convey unto United Heritage Life Insurance Company, an Idaho corporation hereinafter referred to as Grantee, whose current address is 707 E United Heritage Court, Meridian, ID 83642. The following described premises, to -wit: Lot 21, Block 4 of Central Valley Corporate Park No. 6, according to the plat thereof, filed in Book 76 of Plats at Pages 7960-7964, records of Ada County, Idaho. To HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, and Grantee's heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, the Grantor(s) is/are the owners) in fee simple of said premises; that said premises are free from all encumbrances EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee(s); and subject to U.S. Patent reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and current years taxes, levies, and assessments, includes irrigation and utility assessments, (if any) which are not yet due and payable, and that Grantor(s) will warrant and defend the same from all lawful claims whatsoever. Dated: August 2& 2019 Rafanelli and Nahas L.P. a California Limited Partnership By: Rafanelli & Nahas Management Corporation, its general manager By: Ronald Nahas, Vice President State of California County of Contra Costa On this _day of August in the year of 2019, before me, , a Notary Public in and for said State, personally appeared Ronald Nahas, the Vice President of Rafanelli & Nahas Management Corporation, the General Partner of Rafanelli and Nahas L.P., a California Limited Partnership, the corporation that executed the within instrument and known or identified to me to be the Vice President who executed the within instrument on behalf of said corporation, said corporation being known or identified to me to be the General Manager of the Limited Partnership that executed the same. Signature Printed Name Residing at: Commission Expires: ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California _y . ` County of Corr) Y/L On Y�ur�L15} 2$, �Dl� beforeme, ��J�Rn��i N�T�VIP �gb�IG n� (insert name and title of the officer) personally appeared Ko IU f\khac who proved to me on the basis of satisfactory evidence to be the person ) whose name 1s subscribed to the within instrument and acknowled ad to me tha9/sto/th)6 executed t e same in his *r/t Ir authorized capacity(! ), and that b hi r/th�r signature( on the instrument the person or the entity upon beh if of which the p on( acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. uSAMAH.Er N" Public - California Copra Costa County Commission t 2272004 My Comm. ExPirts Jan 14, 2020 Signature (Seal) PIONEER TITLE COMP OF ADA COUNTY 1i mowd r11W 1998 821 West State Street / Boise, Idaho 83702 (208) 336-6700 888 North Cole Road / Boise, Idaho 83704 (208) 377-2700 RECORDED-REQUESTOF iTY PVAMq,`) ID HAACRO �J,/(� iE.IDAHO FEEL_DEPUTYW 13 A4110:21 98077515 PIONEER TITLE SPACE ABC VE FOR RECORDING DATA WARRANTY DEED (CORPORATE FORM) R. T. NARAS COMPANY OF IDAHO, an Idaho corporation ,acorporation organized and existing under the laws of the State of Idaho, with its principal office at Boise of County of Ada , State of Idaho, gantor, hereby CONVgYS or GRgN7'$ and WARRANTS 71H an undivided 12.4% interest (which is R.T. Narras s elt[iie inCerest) T0: RAPANELLI AND NARAS, a California general partnership grantee(s) of 1 Bates Boulevard, Suite 200, Orinda, CA 94563 for the sum of TEN AND NO/100's (and other valauble consideration)----------------------- DOLLARS, the following described tract(s) of land in Ada County, State of Idaho: Lots 21 and 22 in Block 2 of Central Valley Corporation Park No. 6, according to the plat thereof filed in Book 76 of Plats at pages 7960-7964, records of Ada County, Idaho. AND Lots 16, 17, 18. 19, 20, 21 and 22 in Block 4 in Central Valley Corporate Park No. 6, according to the plat thereof, filed in Book 76 of Plats at page 7960-7964, records of Ada County, Idaho. Location of above described property House No. Street The officers who sign this deed hereby certify that this deed and the transfer represented hereby are authorized under a resolution adopted by the board of directors of the grantor at a lawful meeting held and attended by a quorum. In witness whereof, the grantor has caused its corporate name and seal to be hereunto affixed by its duly authorized officers this dayof July ,A.D. 1998 ORATE NAME) By: Robe Nahas, Executival VPRESIDENT SECRETARY STATE OF iaano �f , County of Rua , ss. On this day of .�� f , in the year of 1998 before me anotary public, �p)ar4HAH.d)6r ati red the instrument or the Person who executed the instrument an behal of said corporation, and svkilgLd to me that su corporation executed the same. Notary Public: It �`_.. Residing st: P., My Commission Expires: 120 a- RE-24 VACANT LAND REAL ESTATE PURCHASE AND SALE AGREEMENT ^_ AD THE ENTIRE DOCUMENT, INCLUDING ANY IDAHO T IIF YOU HAVE ANY QUESTIONS, CONSULT IS IS A LEGALLY BINDING CONTRACT,EYOUR ATTORNEY AND/Olt ACCOUNTANT BEFOEASIGNING. " REAIXORS` NO WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF HABITABILITY, AGREEMENTS OR Page 1 of 7 REPRESENTATIONS NOT EXPRESSLY SET FORTH HEREIN SHALL BE BINDING UPON EITHER PARTY. i ID# 10001ndustryWay DATE 11/2612019 2 3 LISTING AGENCY Mark Bottles Real Estate Services Office Phone # 208-377-5700 Fax # 208.377-0035 4 Listing Agent Mark Bottles E-Mail markQJnarkbottles corn Phone # 5 SELLING AGENCY NAI Select, LLC Office Phone # 208-229.2020 Fax # 208-33"657 6 Selling Agent Benjamin M Kneadler E-Mail benkDnaiselect.com Phone # 208 353-2242 1. BUYER: (Hereinafter calle as "PROPERTY" as and agrees to estate hereinafter referred to (Exhibit must accompany original offer and be signed or initialed by 14 2. $ 410,000.00 PURCHASE PRICE: Four Hundred Ten Thousand DOLLARS, 15 payable upon the following TERMS AND CONDITIONS (not including closing costs): 16 This offer is contingent upon the sale, refinance, and/or closing of any other property ❑ Yes m No (N/A if left blank) 17 3. FINANCIAL TERMS: Note: A+D+E+F must add up to total purchase price. 16 (A). $ 4,000.00 EARNEST MONEY: Four Thousand DOLLARS 19 BUYER hereby offers the above stated amount as Earnest Money which shall be credited to BUYER upon closing. Earnest Money is/will be: Evidenced by: Held By: Delivered: Deposited: ❑ Cash ❑ Responsible Broker ❑ With Offer %Upon Receipt and Acceptance IXPersonal Check 09 Closing Company 00 Within 3 business days (three [3] if ❑ Upon Receipt Regardless of left blank) of acceptance. Acceptance ❑ Cashier's Check ❑ See Section 4 ❑ See Section 4 ❑ See Section 4 ❑ Wire Transfer ❑ Note ❑ See Section 4 20 21 THE RESPONSIBLE BROKER SHALL BE: Ben Kneadler 22 23 (B). ALL CASH OFFER: ONO ®YES If this Is an all cash offer do not complete Sections 3D and 3E, fill blanks with NIA (Not Applicable). IF 24 CASH OFFER BUYER'S OBLIGATION TO CLOSE SHALL NOT BE SUBJECT TO ANY FINANCIAL CONTINGENCY. BUYER agrees to provide 25 SELLER within NA business days (five [5] if left blank) from the date of acceptance of this agreement by all parties written confirmation of sufficient 26 funds and/or proceeds necessary to close transaction. Acceptable documentation includes, but is not limited to a copy of a recent bank or financial 27 statement. 2e (C) Cash proceeds from another sale: ❑ Yes ® No (NIA if left blank) 29 30 (D). $ NEW LOAN PROCEEDS: If a number greater than zero appears in the preceding blank then this Agreement is 31 contingent upon BUYER obtaining the following financing: 32 FIRST LOAN of $ not including mortgage insurance, through OFHA, OVA, OCONVENTIONAL, DIHFA, 33 ORURAL DEVELOPMENT, DOTHER with interest not to exceed % for a period of _ year(s) at: 34 DFixed Rate DOther . In the event BUYER is unable, after exercising good faith efforts, to obtain the indicated financing, 35 BUYER's Earnest Money shall be returned to BUYER. 36 SECOND LOAN of $ through OFHA, OVA, OCONVENTIONAL, DIHFA, ORURAL DEVELOPMENT, 37 ❑OTHER with interest not to exceed % for a period of years) at: DFixed Rate OOther 36 LOAN APPLICATION: BUYER Ohas applied OR Oshall apply for such loan(s). Within_ business days (ten [10] if left blank) of final acceptance 39 of all parties, BUYER agrees to furnish SELLER with a written confirmation showing lender approval of credit report, income verification, 40 debt ratios, and evidence of sufficient funds and/or proceeds necessary to close transaction in a manner acceptable to the SELLER(S) and 41 subject only to satisfactory appraisal and final lender underwriting. If an appraisal is required by lender, the PROPERTY must appraise at 42 not less than purchase price or BUYER'S Earnest Money shall be returned at BUYER'S request unless SELLER, at SELLER'S sole discretion, 43 agrees to reduce the purchase price to meet the appraised value, in which case SELLER shall be entitled to a copy of the appraisal and shall have 24 44 hours from receipt thereof to notify BUYER of any price reduction. BUYER may also apply for a loan with different conditions and costs and close 45 transaction provided all other terms and conditions of this Agreement are fulfilled, and the new loan does not increase the costs or requirements to the 46 SELLER. FHA I VA: If applicable, it is expressly agreed that notwithstanding any other provisions of this contract, BUYER shall not be obligated to 47 complete the purchase of the PROPERTY described herein or to incur any penalty or forfeiture of Earnest Money deposits or otherwise unless 46 BUYER has been given in accordance with HUD/FHA or VA requirements a written statement by the Federal Housing Commissioner, Veterans 49 Administration or a Direct Endorsement lender setting forth the appraised value of the PROPERTY of not less than the sales price as stated in the so contract. 51 52 If such written confirmation required in 3(B) or 3(D) is not received by SELLER(S) within the strict time allotted, SELLER(S) may at their option cancel 53 this agreement -by tifying BUYER(S) in writing of such cancellation within NA business (lee [3] if left blank) after written confirmation was BUYER'S Initials ( '; If I Dale SELLER'S Initials I )( I Date 12/20/2019 This form is printed and distributed by the Idaho Association of REALTORSS, Inc. This fmm has been designed and Is pmvided for use by the real estate professionals Mho are members of the Idaho Association of REALTORS& USE BY ANY OTHER PERSON IS PROHIBITED. =opydght Idaho Association of REALTORSO, Inc. All rights reserved. JULY 2019 EDITION RE-24 VACANT LAND PURCHASE AND SALE AGREEMENT Page 1 of 7 InstOnetFORMS Authentisign ID: BD2677eF45ED-4417494E4)DFBBC7e326F JULY 2019 EDITION RE-24 VACANT LAND PURCHASE AND SALE AGREEMENT Page 2 of 7 PROPERTY ADDRESS: 1000 S.Industry Way Meridian ID 83642 ID#: 10001ndustryWay 54 55 56 57 58 59 60 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 90 81 82 83 85 86 87 Be 89 90 required. If SELLER does not cancel within the strict time period specified as set forth herein, SELLER shall be deemed to have accepted such written confirmation of lender approval or waived the right to receive written confirmation and shall be deemed to have elected to proceed with the transaction. SELLER'S approval shall not be unreasonably withheld. (E). $ ADDITIONAL FINANCIAL TERMS: OAdditional financial terms are specified under the heading "OTHER TERMS AND/OR CONDITIONS" (Section 4). Additional financial terms are contained in a FINANCING ADDENDUM of same date, attached hereto, signed by both parties. (F). $ 406,000.00 APPROXIMATE FUNDS DUE AT CLOSING: Cash at closing, not including closing costs, to be paid by BUYER at closing, In GOOD FUNDS, which includes: cash, electronic transfer funds, certified check or cashier's check. 4. OTHER TERMS AND/OR CONDITIONS: This Agreement is made subject to the following special terms, considerations and/or contingencies which must be satisfied prior to closing 1. Seller to grant Buyer a 90day Due Diligence Period for Buyer to complete Its inspections and conduct feasibility study. The Due Diligence is at Buyer's sole discretion. 2. The Buyer will notify the Seller In writing prior to the end of the Due Diligence Period If Its Intent to proceed or cancel. In the Event the Buyer elects to remove its Due Diligence Contingency and proceed o closing, the Earnest Money shall become non-refundable and remain applicable to the Purchase Price. If the Buyer elects to cancel, the Earnest Money shall be refunded to the Buyer. 3. Closing shall be 60 days from Buyer's removal of Due Diligence Period contingency. S. ITEMS INCLUDED & EXCLUDED IN THIS SALE: All existing fixtures and fittings that are attached to the PROPERTY are INCLUDED IN THE PURCHASE PRICE (unless excluded below) and shall be transferred free of liens and in as -is condition. Unless specifically excluded below, the fixtures and fittings and irrigation fixtures and equipment, that are now on or used in connection with the PROPERTY are included in the purchase price and shall include (1) all personal property owned by the SELLER and used primarily in connection with the PROPERTY, and (2) all rights and easements appurtenant to the PROPERTY. BUYER should satisfy himself/herself that the condition of the included items is acceptable. The terms stated in this section shall control over any oral statements, prior written communications and/or prior publications including but not limited to MLS listings and advertisements. Personal property described in a property disclosure report shall not be inferred as to be included unless specifically set forth herein. ITEMS SPECIFICALLY INCLUDED IN THIS SALE: Any and all itemb on the Selle.'s Possession as listed 1,, #8 below within 5 buSiseces dayu of 11111I WAVULIHIJIFI. ITEMS SPECIFICALLY EXCLUDED IN THIS 91 6. "NOT APPLICABLE" DEFINED: The letters"n/a," "N/A," "n.a.," and "N.A." as used herein are abbreviations of the term "not applicable" Where this 92 agreement uses the term "not applicable" or an abbreviation thereof, it shall be evidence that the parties have contemplated certain facts or conditions and 93 have determined that such facts or conditions do not apply to the agreement or transaction herein. M 95 7. INSPECTION: 96 (A). BUYER IS STRONGLY ADVISED TO INVESTIGATE THE CONDITION AND SUITABILITY OFALL ASPECTS OF THE PROPERTY AND ALL 97 MATTERS AFFECTING THE VALUE OR DESIRABILITY OF THE PROPERTY INCLUDING, BUT NOT LIMITED TO, THE FOLLO WING: 98 SIZE: Square footage and lot size. (Any numerical statements regarding these items are APPROXIMATION ONLY, and have not been and will not be 99 verified and should not be relied upon by BUYER.) 100 1. LINES AND BOUNDARIES: Property lines and boundaries, septic, and leach lines (Fences, walls, hedges, and other natural or constructed barriers 101 or markers do not necessarily identify true property boundaries. Property lines may be verified by surveys.) 102 2. ZONING AND LAND USE: Inquiries, investigations, studies or any other means concerning past, present or proposed laws, ordinances, referendums, 103 initiatives, votes, applications and permits affecting the current use of the PROPERTY, BUYER's intended use of the PROPERTY, future IN development, zoning, building, size, governmental permits and inspections. Both parties are advised that Broker does not guarantee the status of 105 permits, zoning or code compliance. The parties are to satisfy themselves conceming these issues. 106 3. UTILITIES AND SERVICE: Availability, costs, and restrictions of utilities and services, including but not limited to, sewage, sanitation, water, 107 electricity, gas, telephone, cable TV, Internet and drainage. 108 4. UTILITIES, IMPROVEMENTS & OTHER RIGHTS: SELLER represents that the PROPERTY does have the following utilities, improvements, services 109 and other rights available (describe availability): 110 City water, City sewer, power, natural gas, pressurized irrigation, phone and cable at or within the property boundary III 112 5. HAZARDOUS MATERIALS: The real estate broker(s) or their agents in this transaction have no expertise with respect to toxic waste, hazardous 113 materials or undesirable substances. BUYERS who are concerned about the presence of such materials should have the PROPERTY inspected by 114 qualified experts. BUYER acknowledges that he/she has not relied upon any representations by either the Broker or the SELLER with respect to the 115 condition of the PROPERTY that are not contained in this Agreement or in any disclosure statements. 116 6. TAX LIABILITY: The BUYER and SELLER acknowledge that they have not received or relied upon any statements or representations by the Broker 117 with respect to the effect of this transaction upon BUYER's or SELLER's tax liability. tie tie (B). BUYER chooses Otto conduct inspections; Onot to conduct inspections. If BUYER chooses not to conduct inspections skip the remainder of Section 6. 120 If indicated, BUYER shall have the right to conduct inspections, investigations, tests, surveys and other studies at BUYER'S expense, hereafter 121 referred to as the "Primary Inspection." BUYER'S inspection of the PROPERTY includes all aspects of the PROPERTY, including but not limited to 122 neighborhood, conditions, zoning and use allowances, environmental conditions, applicable school "districts and/or any other aspect pertaining to the �11/27/2019 � I BUYER'S Initials ( � 1() Date SELLER'S Initials () Date 12/20/2019 This forth Is printed and distributed by the Idaho Association of REALTORS®, Inc. This form has been designed and Is proNded for use by the real estate professionals who are members of the Idaho Association of REACTORS®. USE BY ANY OTHER PERSON Is PROHIBITED. OCopynght Idaho Association of REALTORSB, Inc. All rights reserved. JULY 2019 EDITION RE-24 VACANT LAND PURCHASE AND SALE AGREEMENT Page 2 of 7 InstonefFORMS Authentisign ID: BD26770FJ5ED-4417494E-0OFBBC78326F JULY 2019 EDITION RE-24 VACANT LAND PURCHASE AND SALE AGREEMENT Page 3 of 7 PROPERTY ADDRESS: 1000 S.Industry Way Meridian ID 83642 ID#: 10001ndustryWay 123 PROPERTY or related to the living environment at the PROPERTY. Unless otherwise addressed BUYER shall, within Seem calendar days (thirty [30] 124 if left blank) from acceptance, complete these inspections and give to SELLER written notice of disapproved items/conditions or written notice of 125 termination of this Agreement based on an unsatisfactory inspection. Once BUYER delivers written notice to SELLER it shall end BUYER's timeframe 126 and is imevocable regardless of if it was provided prior to the deadline stated above. BUYER is strongly advised to exercise these rights and to make 127 BUYER'S own selection of professionals with appropriate qualifications to conduct inspections of the entire PROPERTY. SELLER shall make the 128 PROPERTY available for all Inspections. BUYER shall keep the PROPERTY free and clear of liens; indemnify and hold SELLER harmless from all 129 liability, claims, demands, damages and costs; and repair any damages arising from the inspections. No inspections may be made by any governmental 130 building or zoning inspector or government employee without the prior consent of SELLER unless required by local law. No inspections may be made 131 by any governmental building or zoning Inspector or government employee without the prior consent of SELLER, unless required by local 132 law. 133 BUYER'S acceptance of the condition of the PROPERTY is a contingency of this Agreement. 134 135 (C) SATISFACTIONIREMOVAL OF INSPECTION CONTINGENCIES: 136 1. If BUYER does not within the strict time period specified give to SELLER written notice of disapproved itemstconditions or written notice of 137 termination of this Agreement, BUYER shall conclusively be deemed to have: (a) completed all inspections, investigations, review of applicable 138 documents and disclosures; (b) elected to proceed with the transaction and (c) assumed all liability, responsibility and expense for repairs or corrections. 139 140 2. If BUYER does within the strict time period specified give to SELLER written notice of termination of this Agreement based on an unsatisfactory 141 inspection, the parties will have no obligation to continue with the transaction and the Earnest Money shall be returned to BUYER. 142 143 3. If BUYER does within the strict time period specified give to SELLER written notice of disapproved items, It shall end BUYER's timeframe for 144 Inspections and Is Irrevocable. BUYER shall provide to SELLER pertinent section(s) of written inspection reports upon request, if applicable. Upon 145 receipt of written notice SELLER shall have NA business days (three [3) if left blank) in which to respond in writing. SELLER, at SELLER's option, 146 may agree to correct the items as requested by BUYER in the notice or may elect not to do so. If SELLER agrees in writing to correct items/conditions 147 requested by BUYER, then both parties agree that they Will continue with the transaction and proceed to closing. Otherwise, immediately upon a written 146 response from SELLER that rejects BUYER's requests, in whole or in part, said response is irrevocable without consent of BUYER and BUYER may 149 proceed under 7(C)(4) below. 150 151 4. If SELLER does not agree to correct BUYER'S disapproved items/conditions within the strict time period specified, or SELLER does not respond in 152 writing within the strict time period specified above, then within NA business days (three [3] if left blank) the BUYER has the option of 1) negotiating 153 with SELLER to obtain a modification of SELLER'S response 2) proceeding with the transaction without the SELLER being responsible for correcting the 154 disapproved items/conditions stated in that particular BUYER'S notice, or 3) giving the SELLER written notice of termination of this agreement in which 155 case Earnest Money shall be returned to BUYER. If within the strict time period specified in this paragraph BUYER does not obtain a modification of 156 SELLER'S response or give written notice of cancellation, BUYER shall conclusively be deemed to have elected to proceed with the transaction without 157 the repairs or corrections to the disapproved items/conditions stated in that particular BUYER'S notice. Ise 159 8. SELLER DISCLOSURES. Within 5 business days (two [2] if left blank) from acceptance SELLER shall disclose, and provide copies if available, 16o to BUYER the following: 161 (a) any studies and/or reports that have previously been performed in connection with or for the PROPERTY, including without limitation, 162 environmental reports, soil studies, seismic studies, site plans and surveys; 163 (b) any notices relating to a violation of applicable law including, without limitation, environmental law and laws relating to land use, zoning or 1" compliance with building codes; 165 (c) SELLER shall make available for inspection all documents in SELLER's possession relating to ownership, operation, renovation or development of 166 the PROPERTY including: statements for real estate tax assessments and utilities for the last year; property management agreements; leases or other 167 occupancy agreements; maintenance records, accounting records and audit records for the past year; and installment purchase contracts or leases of 168 personal property used in connection with the PROPERTY; and 169 (d) all other documents described in any Addenda or Counteroffer to this Agreement. 170 171 9. TITLE CONVEYANCE: Title of SELLER is to be conveyed by warranty deed, unless otherwise provided, and is to be marketable and insurable except 172 for rights reserved in federal patents, state or railroad deeds, building or use restrictions, building and zoning regulations and ordinances of any 173 governmental unit, and rights of way and easements established or of record. Liens, encumbrances or defects to be discharged by SELLER may be paid out 174 of purchase money at date of closing. No liens, encumbrances or defects, which are to be discharged or assumed by BUYER or to which title is taken 175 subject to, exist unless otherwise specified in this Agreement. 176 177 10. TITLE INSURANCE: There may be types of title insurance coverages available other than those listed below and parties to this agreement 178 are advised to talk to a title company about any other coverages available that will give the buyer additional coverage. 179 ISO (A). PRELIMINARY TITLE COMMITMENT AND CC&Rs: Within 6 business days (six [6] if left blank) of final acceptance of all parties, Q(SELLER or 181 ❑BUYER shall furnish to BUYER a preliminary commitment of a title insurance policy showing the condition of the title to said PROPERTY and a copy of 182 any covenants, conditions and restrictions (CC&Rs) applicable to the PROPERTY. BUYER shall have 2 business days (two [2) if left blank) after receipt 183 of the preliminary commitment and CC&Rs, within which to object in writing to the condition of the thle or CC&Rs as set forth in the documentation 184 provided. If BUYER does not so object, BUYER shall be deemed to have accepted the conditions of the title and CC&Rs. If the title of said PROPERTY is 185 not marketable, and cannot be made so within 2 business days (two [2] if left blank) after SELLER'S receipt of a written objection and statement of 106 defect from BUYER, or if BUYER objects to the CC&Rs, then BUYER'S Earnest Money deposit shall be returned to BUYER and SELLER shall pay for the 187 cost of title insurance cancellation fee, escrow and legal fees, if any. Nothing contained herein shall constitute a waiver of BUYER to challenge CC&R 188 terms directly with a homeowners association after closing. Its IN (B). TITLE COMPANY: The parties agree that Fidelity National Title - Kum Yelm Title Company located 191 at 485 Riverside Dr. Eagle ID 83616 shall provide the title policy and preliminary report of commitment. BUYER'S Initials Date 11/27/2019 SELLER'S Initials C�JX I Date 12/20/2019 This from Is printed and distributed by the Idaho Association of REALTORSO, Inc. This form has been designed and Is provided for use by the real estate professionals who are members of the Idaho Association of REALTORSO. USE BY ANY OTHER PERSON IS PROHIBITED. @Copynght Idaho Association of REALTORS®, Inc. Al rights reserved. JULY 2019 EDITION RE-24 VACANT LAND PURCHASE AND SALE AGREEMENT Page 3 of 7 [nstOnetFORMS Authentisign ID: BD26770FJSED4417494E43OFBBC7B326F JULY 2019 EDITION RE-24 VACANT LAND PURCHASE AND SALE AGREEMENT Page 4 of 7 PROPERTY ADDRESS: 1000 S.Industry Way Meridian ID 83642 ID#: 10001ndustryWay 192 (C). STANDARD COVERAGE OWNER'S POLICY: SELLER shall within a reasonable time after closing furnish to BUYER a title insurance policy in the 193 amount of the purchase price of the PROPERTY showing marketable and insurable title subject to the liens, encumbrances and defects elsewhere set 194 out in this Agreement to be discharged or assumed by BUYER unless otherwise provided herein. The risk assumed by the title company in the 195 standard coverage policy is limited to matters of public record. BUYER shall receive a ILTAIALTA Owners Policy of Title Insurance. A title 196 company, at BUYER's request, can provide information about the availability, desirability, coverage and cost of various title insurance coverages and 197 endorsements. If BUYER desires title coverage other than that required by this paragraph, BUYER shall instruct Closing company in writing and pay any 196 increase in cost unless otherwise provided herein. 199 (D). EXTENDED COVERAGE LENDER'S POLICY (Mortgagee policy): The lender may require that BUYER (Borrower) furnish an Extended Coverage 200 Lenders Policy. This extended coverage lender's policy considers matters of public record and additionally insures against certain matters not shown in 201 the public record. This extended coverage lender's policy is solely for the berul of the lender and only protects the lender. 202 203 11. SUBDIVISION HOMEOWNER'S ASSOCIATION: BUYER is aware that membership in a Home Owners Association may be required and 21M BUYER agrees to abide by the Articles of Incorporation, Bylaws and rules and regulations of the Association. BUYER is further aware that the PROPERTY 205 may be subject to assessments levied by the Association described in full in the Declaration of Covenants, Conditions and Restrictions. BUYER has 206 reviewed Homeowners Association Documents: OYes %No ON/A. Association fees/dues are $ per 207 ❑BUYER OSELLER OShared Equally IAN/A to pay Association SET UP FEE of $ at closing. 206 ❑BUYER OSELLER OShared Equally DON/A to pay Association PROPERTY TRANSFER FEES of $ at closing. 209 ❑BUYER OSELLER OShared Equally XN/A to pay Association STATEMENT OF ACCOUNT FEE of $ at closing. 210 Association Fees are governed by Idaho Code 55-116 and 55-1507. 211 212 12. INTERSTATE LAND SALES FULL DISCLOSURE ACT: This Vacant Land Real Estate Purchase and Sale Agreement is NOT Intended to 213 be used for situations In which Seller owns and Is selling one hundred (100) or more lots. Properties containing one hundred (100) or more lots for 214 sale may be subject to the reporting and disclosure requirements of the Interstate Land Sales Full Disclosure Act ("Act"), 15 USC § 1701 et seq. If you have 21s questions regarding this Act, contact your attorney before signing. Any contract or agreement for the sale or lease of a lot subject to the Act may be revoked 216 at the option of the purchaser or lessee until midnight of the seventh day following the signing of such contract or agreement or until such later time as may 217 be required pursuant to applicable law. Any contract or agreement for the sale or lease of a lot for which a property report is required by the Act and the 216 property report has not been given to the purchaser or lessee in advance of his or her signing such contract or agreement, such contract or agreement may 219 be revoked at the option of the purchaser or lessee within two (2) years from the date of such signing. 220 221 13. FARM/CROPSITIMBER RIGHTS: SELLER, or any tenant of SELLER, shall be allowed to harvest, sell or assign any annual crops which have been 222 planted on the PROPERTY prior to the date of this Contract, even though said harvest time may occur subsequent to the date of the settlement of this 223 contract, unless otherwise agreed by attached addendum. If the crop consists of timber, then neither SELLER nor any tenant of SELLERS shall have any 224 right to harvest the timber unless the right to remove same shall be established by an attached addendum. Notwithstanding the provisions hereof, any tenant 225 who shall be leasing the PROPERTY shall be allowed to complete the harvest of any annual crops that have been planted prior to the date of Contract 226 Acceptance as previously agreed between SELLER and Tenant. ANY AND ALL SUCH TENANT AGREEMENTS ARE TO BE ATTACHED. 227 226 14. NOXIOUS WEEDS: BUYER of the PROPERTY in the State of Idaho should be aware that some properties contain noxious weeds. The laws of the 229 State of Idaho require owners of property within this state to control, and to the extent possible, eradicate noxious weeds. For more information concerning 23D noxious weeds and your obligations as an owner of property, contact your local county extension office. 231 232 15. MINERAL RIGHTS: Any and all mineral rights appurtenant to the PROPERTY, and owned by SELLER, are included in and are part of the sale of this 233 PROPERTY, and are not leased or encumbered, unless otherwise agreed to by the parties in writing. 234 235 16. WATER RIGHTS: Any and all water rights including but not limited to water systems, wells, springs, lakes, streams, ponds, rivers, ditches, ditch rights, 236 and the like, 0 any, appurtenant to the PROPERTY, and owned by SELLER, are included in and are a part of the sale of this PROPERTY, and are not 237 leased or encumbered, unless otherwise agreed to by the parties in writing. 238 239 17. RISK OF LOSS OR NEGLECT: Prior to closing of this sale, all risk of loss shall remain with SELLER. In addition, should the PROPERTY be 24o materially damaged by fire, neglect, or other destructive cause prior to closing, this agreement shall be voidable at the option of the BUYER. 241 242 18. BUSINESS DAYS: A business day is herein defined as Monday through Friday, 8:00 A.M. to 5:00 P.M. in the local time zone where the subject real 243 PROPERTY is physically located. A business day shall not include any Saturday or Sunday, nor shall a business day include any legal holiday recognized 244 by the slate of Idaho as found in Idaho Code §73-108. If the time in which any act required under this agreement is to be performed is based upon a 24s business day calculation, then it shall be computed by excluding the calendar day of execution and including the last business day. The first business day 246 shall be the first business day after the date of execution. If the last day is a legal holiday, then the time for performance shall be the next subsequent 247 business day. 248 249 19. CALENDAR DAYS: A calendar day is herein defined as Monday through Sunday, midnight to midnight, in the local time zone where the subject real 250 PROPERTY is physically located. A calendar day shall include any legal holiday. The time in which any act required under this agreement is to be performed 251 shall be computed by excluding the date of execution and including the last day, thus the first day shall be the day after the date of execution. Any reference 252 to "day" or "days" in this agreement means the same as calendar day, unless specifically enumerated as a "business day." 253 2s4 20. SEVERABILITY: In the case that any one or more of the provisions contained in this Agreement or any application thereof, shall be invalid, illegal or 255 unenforceable in any respect, the validity, legality or unenforceability of the remaining provisions shall not in any way be affected or impaired thereby. 256 257 21. TRANSMISSION OF DOCUMENTS: Facsimile or electronic transmission of any signed original document, and retransmission of any signed 256 facsimile or electronic transmission shall be the same as delivery of an original. At the request of either the BUYER or SELLER, or the LENDER, or the 259 Closing company, the BUYER and SELLER will confirm facsimile or electronic transmitted signature y s ing an original document. BUYER'S Initials (F;�W] )) Date 1112712019 SELLER'S Initials X ) Date 12/20/2019 This form Is printed and distdbuted by cite Idaho Association of REALTORSID, Inc. This form has been designed and Is provided for use by the real estate professionals who are members of the Idaho Association of REALTORS& USE BY ANY OTHER PERSON IS PROHIBRED. OCopynght Idaho Association of REALTORSO, Inc. All rights reserved. JULY 2019 EDITION RE-24 VACANT LAND PURCHASE AND SALE AGREEMENT Page 4 of 7 InstanetFORMS Authendsign to: BD26770F45ED-4417-594E-0oFBBC7B328F JULY 2019 EDITION RE-24 VACANT LAND PURCHASE AND SALE AGREEMENT Page 5 of 7 PROPERTY ADDRESS: 1000 S.IndustryWav Meridian ID 83642 ID#: 1000industryWav 26o 22. WIRE TRANSFER WARNING: Electronic means of transferring money (i.e. ETF, wire transfer, electronic check, direct deposit, etc...) are subject 261 to sophisticated cyber fraud attacks. These attacks are even more prevalent in real estate transactions due to the large sums of money being exchanged. 262 BUYER is advised that Brokerage will not provide electronic transfer instructions by e-mail. Following money transfer instructions contained in an email from 263 any party is inherently dangerous and should be avoided. BUYER agree that if BUYER use, or authorize the use of, electronic transfer of funds in a 264 transaction they hereby hold the Brokerages, their agents, and the designated title and escrow company harmless from any and all claims arising out of 266 inaccurate transfer instructions, fraudulent interception of said funds and/or any other damage relating to the conduct of third parties influencing the transfer 266 process or stealing funds. 267 268 23. COUNTERPARTS: This Agreement may be executed in counterparts. Executing an agreement in counterparts shall mean the signature of two 269 identical copies of the same agreement. Each identical copy of an agreement signed in counterparts is deemed to be an original, and all identical copies 270 shall together constitute one and the same instrument. 271 272 24. ENTIRE AGREEMENT: This Agreement including any addendums or exhibits, constitutes the entire Agreement between the parties respecting the 273 matters set forth and supersedes all prior Agreements between the parties respecting such matters. This Agreement may be modified only by a written 274 agreement signed by each of the parties. 275 276 25. SALES PRICE INFORMATION: Pursuant to Idaho Code §54-2063(6)(d), a "sold" price of real property is not confidential client information. 277 278 26. AUTHORITY OF SIGNATORY: If BUYER or SELLER is a corporation, partnership, trust, estate, or other entity, the person executing this 279 agreement on its behalf warrants his or her authority to do so and to bind BUYER or SELLER. 280 281 27. ADDITIONAL CONTINGENCIES AND COSTS: The closing of this transaction is contingent upon written satisfaction or waiver of the 282 contingencies listed in the "contingencies" column below. In addition, the parties shall satisfy all contingencies set forth in this section by close of business 283 (Date): unless otherwise agreed to by the parties in writing. The parties agree to pay the following costs immediately when due and 2m regardless of transaction closing, unless otherwise indicated. These costs shall be paid by the indicated party regardless of whether or not the 285 transaction closes; if the transaction fails to close due to breach of a party, any costs paid by the non -breaching party may be recovered as damages. None 2e6 of the costs to be paid by the parties in this section creates an inspection or performance obligation other than strictly for the payment of costs unless 287 otherwise stated below. There may be other costs incurred in addition to those set forth below. Such costs may be required by the lender, by law, or by other 288 such circumstances. Requested tests/inspection reports as indicated below shall be provided to the other party within business days (ten [10] if left 269 blank) prior to closing. Shared Shared COSTS BUYER SELLER Equally N/A CONTINGENCIES BUYER SELLER Equally NIA Appraisal Fee X Environmental Inspection (Phase 1) X Long Tenn Escrow Fees Environmental Inspection (Phase 2) X X Closing Escrow Fee X Environmental Inspection (Phase 3) X Survey X PERC Test _ X Shall be ordered by: OBUYER OSELLER Flood Certification/Tracking Fee X Zoning Variance X Title Ins. Standard Coverage Owner's X Solis) Testis) X Policy Title Ins. Extended Coverage X Hazardous Waste Report(s) X Lender's Policy— Mortgagee Policy Additional Title Coverage X Domestic Well Water Potability Test X Shall be ordered by: OBUYER OSELLER Water Rights Transfer Fee X Domestic Well Water Productivity Test X Shall be ordered by: OBUYER OSELLER Attorney Contract Preparation or Review X Septic Inspections X Fee Shall be ordered by: OBUYER OSELLER Septic Pumping X Shall be ordered by: OBUYER 13SELLER X 290 Upon closing SELLER agrees to pay ❑ % of the purchase price OR ❑$ NA (dollar amount) (NIA if left 291 blank) as a SELLER concession. This can be used toward lender -approved BUYER'S closing costs, lender fees, and prepaid 292 costs which include but are not limited to those items In BUYER columns marked below. This concession can also be used for 293 any other expense not related to financing at the BUYER's discretion. 294 295 28. DEFAULT: If BUYER defaults in the performance of this Agreement, SELLER has the option of: (1) accepting the Earnest Money as liquidated 296 damages or (2) pursuing any other lawful right or remedy to which SELLER may be entitled. If SELLER elects to proceed under (1), SELLER shall make 297 demand upon the holder of the Earnest Money, upon which demand said holder shall pay from the Earnest Money the costs incurred by SELLER's Broker 296 on behalf of SELLER and BUYER related to the transaction, including, without limitation, the costs of tide insurance, escrow fees, credit report fees, 299 inspection fees and attorney's fees; and said holder shall pay any balance of the Earnest Money, one-half to SELLER and one-half to SELLER's Broker, 300 provided that the amount to be paid to SELLER's Broker shall not exceed the Broker's agreed -to commission. SELLER and BUYER specifically 301 acknowledge and a e at if SELLER elects to accept the Earnest Money as liquidated damages, ch II be SELLER's sole and exclusive remedy, and BUYER'S Initials 11/27/2019 12/20/2019 )() Date SELLER'S Initials () Date This form Is printed and distributetl by the Idaho Association of REALTORSS, Inc. This form has been designed and Is proNded for use by the real estate professionals who are members of the Idaho Association of REACTORS®. USE BY ANY OTHER PERSON IS PROHIBITED. tL C1Copynght Idaho Association of REALTORS1, Inc. All rights reserved. JULY 2019 EDITION RE-24 VACANT LAND PURCHASE AND SALE AGREEMENT Page 5 of 7 InstanetFORMS Authen isign ID: BD26770Fd5EDd417494E43OFBBC78326F JULY 2019 EDITION RE-24 VACANT LAND PURCHASE AND SALE AGREEMENT Page 6 of 7 PROPERTY ADDRESS: 1000 S. Industry Way Meridian ID 83642 ID#: 10001ndustryWav 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 M1 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 such shall not be considered a penalty or forfeiture. However, in the event the parties mutually agree in writing that the Earnest Money shall become non- refundable, said agreement shall not be considered an election of remedies by SELLER and the non-refundable Earnest Money shall not constitute liquidated damages; nor shall it act as a waiver of other remedies, all of which shall be available to SELLER; it may however be used to offset SELLER'S damages. If SELLER elects to proceed under (2), the holder of the Earnest Money shall be entitled to pay the costs incurred by SELLER's Broker on behalf of SELLER and BUYER related to the transaction, including, without limitation, the costs of brokerage fee, title insurance, escrow fees, credit report fees, inspection fees and attorney's fees, with any balance of the Earnest Money to be held pending resolution of the matter. If SELLER defaults, having approved said sale and fails to consummate the same as herein agreed, BUYER's Earnest Money deposit shall be returned to him/her and SELLER shall pay for the costs of title insurance, escrow fees, credit report fees, inspection fees, brokerage fees and attorneys fees, if any. This shall not be considered as a waiver by BUYER of any other lawful right or remedy to which BUYER may be entitled. 29. EARNEST MONEY DISPUTE / INTERPLEADER: Notwithstanding any termination or breach of this Agreement, BUYER and SELLER agree that in the event of any controversy regarding the Earnest Money and things of value held by Broker or closing company, Broker may reasonably rely on the terms of this Agreement or other written documents signed by both parties to determine how to disburse the disputed money. However, Broker or closing company shall not be required to take any action but may await any proceeding, or at Broker's or closing company's option and sole discretion, may interplead all parties and deposit any moneys or things of value into a court of competent jurisdiction and shall recover all costs which were incurred as a result of the dispute including, but not limited to, reasonable attorney's fees. If either parties' Broker incurs attorney's fees as a result of any Earnest Money dispute, whether or not formal legal action is taken, said Broker is entitled to recover actual fees incurred from either BUYER or SELLER. 30. ATTORNEY'S FEES: If either party initiates or defends any arbitration or legal action or proceedings which are in any way connected with this Agreement, the prevailing party shall be entitled to recover from the non -prevailing party reasonable costs and attorney's fees, including such costs and fees on appeal. 31. TIME IS OF THE ESSENCE IN THIS AGREEMENT. 32. CLOSING: On or before the closing date, BUYER and SELLER shall deposit with the closing company all funds and instruments necessary to complete this transaction. Closing means the date on which all documents are either recorded or accepted by an escrow agent and the sale proceeds are available to SELLER. The closing shall be no later than (Date) See #4 The parties agree that the CLOSING COMPANY for this transaction shall be Fidelity Natuional Title located at _ _ Eagle If a long-term escrow /collection is involved, then the long-term escrow holder shall be 33. POSSESSION: BUYER shall be entitled to possession plupon closing or ❑date at Dam ❑pm. 34. PRORATIONS: Property taxes and water assessments (using the last available assessment as a basis), rents collected, interest and reserves, liens, encumbrances or obligations assumed, and utilities shall be prorated Poupon closing or as of Ddate BUYER to reimburse SELLER for fuel in tank ❑ Yes ❑ No ® N/A. Dollar amount may be determined by SELLER's supplier. 35. SECTION 1031 TAX DEFERRED EXCHANGE: If applicable, each party shall cooperate with the other Party in effectuating an exchange under IRS Section 1031; provided however, that the other Party's cooperation shall be conditioned on the following: (a) the exchange shall be at no additional liability and/or cost to the other Party; (b) the exchange shall not delay Settlement or Closing; and (c) the other Party shall not be required to acquire title to any proposed exchange properties to accommodate an exchange. The exchanging party shall indemnify, defend and hold the other Party harmless from and against all claims, demands, costs and expenses which that Party may sustain as a result of the actual or attempted 1031 exchange. 36. REPRESENTATION CONFIRMATION: Check one (1) box in Section 1 and one (1) box in Section 2 below to confirm that in this transaction, the brokerage(s) involved had the following relationships) with the BUYER(S) and SELLER(S). Section 1: ❑ A. The brokerage working with the BUYER(S) Is acting as an AGENT for the BUYER(S). ❑ B. The brokerage working with the BUYER(S) is acting as a LIMITED DUAL AGENT for the BUYER(S), without an ASSIGNED AGENT. ❑ C. The brokerage working with the BUYER(S) is acting as a LIMITED DUAL AGENT for the BUYER(S) and has an ASSIGNED AGENT acting solely on behalf of the BUYER(S). DO D. The brokerage working with the BUYER(S) is acting as a NONAGENT for the BUYER(S). Section 2: ® A. The brokerage working with the SELLER(S) is acting as an AGENT for the SELLER(S). ❑ B. The brokerage working with the SELLER(S) Is acting as a LIMITED DUAL AGENT for the SELLER(S), without an ASSIGNED AGENT. ❑ C. The brokerage working with the SELLER(S) Is acting as a LIMITED DUAL AGENT for the SELLER(S) and has an ASSIGNED AGENT acting solely on behalf of the SELLER(S). ❑ D. The brokerage working with the SELLER(S) is acting as a NONAGENT for the SELLER(S). Each party signing this document confirms that he has received, read and understood the Agency Disclosure Brochure adopted or approved by the Idaho real estate commission and has consented to the relationship confirmed above. In addition, each party confirms that the brokerage's agency office policy was made available for inspection and review. EACH PARTY UNDERSTANDS THAT HE IS A "CUSTOMER" AND IS NOT REPRESENTED BY A BROKERAGE UNLESS THERE IS A SIGNED WRITTEN AGREEMENT FOR AGENCY REPRESENTATION. 37. ASSIGNMENT: This Agreement and any rights or interests created herein W may ❑ may not be sold, transferred, or otherwise assigned. 38. ACCEPTANCE: This offer may be revoked at any time prior to acceptance and is made subject to acceptance on or before (Date) 12103/19 at (Local Time in which PROPERTY is located) 5 OA.M. OP.M. 39. BUYER'S SIGNATURES: BUYER'S Initials (rKWI ( ) Date 11/27/2019 SELLER'S Initials Date 12/20/2019 This form is printed and distributed by the Idaho Asscciatlon of REALTORS4), Inc. This fora, has been designed and Is provided for use by the real estate professionals x o are members of the Idaho Association of REALTORS0. USE BY ANY OTHER PERSON IS PROHIBrr'ED. OCopynght Idaho Ass,dabon of REALTORS0, Inc. NI Hghts reserved. JULY 2019 EDITION RE-24 VACANT LAND PURCHASE AND SALE AGREEMENT Page 6 of 7 (nstanetFORMS Authentisign ID: BD26770FJSED-4417-094E.DOFBBC7B326F JULY 2019 EDITION RE-24 VACANT LAND PURCHASE AND SALE AGREEMENT Page 7 of 7 PROPERTY ADDRESS: 1000 S. Industry Way Meridian ID 83642 ID#: 10001ndustryWay 370 371 372 373 374 375 376 377 378 379 380 381 382 383 3M 385 386 387 388 389 390 391 392 393 ❑SEE ATTACHED BUYER'S ADDENDUM(S): LVSEE ATTACHED BUYER'S EXHIBIT(S): (Specify number of BUYER addendum(s) attached.) (Specify number of BUYER exhibit(s) attached.) ❑ BUYER does currently hold an active Idaho real estate license. ❑ BUYER is related to agent. rIAiAmFa BUYER Signature tp�z41 e_,_, rev._ a. BUYER (Print Name) Richard Wiggins, President, CTC Telecom, Inc 11/27/2019 2:36 PM Date Time OA.M. OP.M. Phone # Cell # BUYER Date E-Mail State Zip Fax 0wescottia')ctcte le.com ❑ BUYER does currently hold an active Idaho real estate license. ❑ BUYER is related to agent Time 3" City State 395 396 397 398 399 400 401 402 403 404 405 411 4" 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 BUYER (Print OP.M. Phone # Cell Zip Fax 40. SELLER'S SIGNATURES: On this date, [Me hereby approve and accept the transaction set forth in the above Agreement and agree to carry out all the terms thereof on the part of the SELLER. Seller's signature subject to Counter Offer #1 ii(SIGNATURE(S) SUBJECT TO ATTACHED COUNTER OFFER Dated 12/13/2019, executed by Seller on 12/17/2019 SIGNATURES) SUBJECT TO ATTACHED ADDENDUM(S) # ❑SIGNATURE(S) SUBJECT TO ATTACHED EXHIBIT(S) # II� AQI1SV�I,ELLE-RR does currently hold an active Idaho real estate license. ❑ SELLER is related to agent. SELLER Signaturel ` �" SELLER (Print Name) Todd GlIII 12/20/2019 1y2 M`99.45=NA6'l Date Time OA.M. OP.M. Phone# Cell# State Zip Fax ❑ SELLER does currently hold an active Idaho real estate license. ❑ SELLER is related to agent. SELLER Signature SELLER (Print Date Time OP.M. Phone # 424 City State Zip Fax # 425 426 427 LATE ACCEPTANCE 428 429 If acceptance of this offer is received after the time specified, it she not be binding on the BUYfP24) iliIiWYER approves of said acceptance within 430 calendar days (three [3] if left blank) by BUYER initialing HERE � )() Date If BUYER timely approves of SELLER'S late 431 acceptance, an initialed copy of this page shall be immediately delivered to SELLER. This form Is printed and distribute! by the Idaho Association of REALTORS@, Inc. This form has been designed and Is provided for use by the real estate professlonals who are members of the Idaho Association of REALTORS& USE BY ANY OTHER PERSON IS PROHIBITED. OCopyright Idaho Association of REALTORSE, Inc. All rights reserved. JULY 2019 EDITION RE-24 VACANT LAND PURCHASE AND SALE AGREEMENT Page 7 of 7 Instanetrom,as 1 2 3 4 s 6 7 6 9 10 11 12 13 14 15 16 17 6 9 20 21 22 23 24 25 26 27 26 29 30 31 32 33 34 35 36 37 36 39 49 41 42 43 44 45 46 47 4e 49 50 51 52 53 54 55 56 57 56 59 60 RE-13 COUNTER OFFER # 4 (1,2,3etc.) Page 1of1 FK THIS COUNTER OFFER SUPERSEDES ALL PRIOR COUNTER OFFERS ^_ IDAHO THIS IS A LEGALLY BINDING CONTRACT, READ THE ENTIRE DOCUMENT, INCLUDING ANY ATTACHMENTS. u RE,ILTORS' IF YOU HAVE ANY QUESTIONS, CONSULT YOUR ATTORNEY AND/OR ACCOUNTANT BEFORE SIGNING. Today's Date: 01/07/2020 This is a COUNTER OFFER to the Purchase and Sale Agreement Dated: 11/2612019 ADDRESS:1000 S. Industry Way Meridian ID 83642 ID#: 1000industryWay BUYER: Richard Wiggins, President, CTC Telecom, Inc SELLER: United Heritage L'ffe Insurance Co. The parties accept all of the terms and conditions in the above -designated Purchase and Sale Agreement with the following changes: ®This is a SELLER counter offer. The SELLER reserves the right to withdraw this offer or accept any other offers prior to the receipt of a true copy of signed acceptance of this Counter Offer within the time frame specified herein. OThis is a BUYER counter offer. The undersigned BUYER reserves the right to withdraw this offer at any time prior to the receipt of a true copy of signed acceptance of this Counter Offer within the time frame specified herein. 1. The Purchase Price shall be Four Hundred Sixty Thousand Dollars ($460,000). 2. In this agreement, "BuyeY'shall mean current buyer crony subsequent purchaser, assignee or other owner ofthe property. 3. No later than two (2) weeks prior to the expiration of the Due Diligence Period, Buyer shall submit to Seller for SBIlaes review and approval the exterior design concepts, scaled elevations, material selection, color and signage for the exterior surfaces of the primary building, which shall be denoted on the Plans, or any Improvement Buyer proposes to construct on the Property (the "Plans"). Seller shall either approve or make recommendations for change In the Plans within ten (10) business days of recelving such Plana. In the event Seller does not approve ofthe Plans during the Due Diligence Period, Buyer shall be entitled to extend the Due Diligence Period for one (1) month, or until Seller approves of any revised Plans, whichever occurs first. it shall be a condition to Seller's obligation to close that Seller approve of the Plans as set forth In this paragraph. 4. If, prior to Closing, Buyer desires to materially after the Plana or otherwise construct a primary building or other Improvement that was not approved by Seller as required by Section 2 above, Buyer shall submit to Seller such new design concepts, elevations, material selection, colors, and signage of the building Buyer desires to construct for Seller's approval. Seller shall either approve or make recommendations for change In the Plans within ten (10) business days of receiving such Plans. In the event Seller does not approve of the Plans during the Due Diligence Period, Buyer shall be entitled to extend the Due Diligence Period for one (1) month, or unfit Sailer approves of any revised Plane, whichever Moore first. S. Prior to Closing and as part of the Due Diligence Period Seller approval obligation as listed in paragraph 2, Buyer will provide a campus mndedng for potential future use of the Land. Seller shall have the right to approve or make recommendations for change In the renderings. So long as the exterior design concepts, scaled elevations, material selection, color and signage for the exterior surfaces of any future building(s) or Improvements) are substantially similar to the renderings, Seller agrees to consent to future building(s) or Improvement(s) to the land. 6. H, after Closing, Buyer desires to materially after the Plans or otherwise construct a primary building or other Improvement that was not approved by Seller as required by Section 2 above, Buyer shall submit to Seller such new design concepts, elevations, material selection, colors, and signage of the building Buyer desires to construct for Sellers approval. Seller shall either approve or make recommendations for change In the Plans within ten (10) business days of receiving such Plans. In the event Seller does not approve or provide recommendations for changes of the Plans during the ten (10) business days of receiving the Plans, Buyer shall be entitled to proceed with the aftered Plans as provided to Seller. Seller agrees that approval shall not be unreasonably withhold, as long as such designs are substantially consistent with design and elevation examples previously provided by buyer with original PEA. All other terms of the above referenced Purchase Sale Agreement shall remain the same. To the extent the terms of this Counter Offer modify or —conflict -with any provisions of the Purchase and Sale Agreement including all prior Addendums, the terms in this Counter Offer shall control. All other terms of the Purchase and Sale Agreement Including all prior Addendums not modified by this Counter Offer shall remaln the same. Buyer and Seller acknowledge the down payment and/or loan amount on Page 1 of Purchase & Sale Agreement may change if purchase price is changed as part of this Counter Offer. If original offer has expired, has been revoked and/or acceptance is late, then mutual execution of this Agreement shall constitute consent to revive and retender the original offer. Upon its execution by both parties, this agreement is made an integral part of the aforementioned Agreement. If a signed acceptance is not delivered on or before (date): 01/10/2020 at 5:00 OA.M. ®P.M. this Counter Offer shall be deemed to have expired. DELIVERY: Delivery shall be to the agent/broker working with the maker of the Counter Offer in person, by mail, facsimile or electronic transmission of any signed original document, and retransmission of any signed original document. Retransmission of any signed facsimile or electro ' ,, gl�ssion shall be deemed to be the same as delivery of an original. 01/07/2020 5:21 PM SELLER �'�� Date Time OA.M. ❑P.M. /ffraw 5212s PM MST SELLER Date Time OA.M. ❑P.M. non U1/10/202D BUYER .a�.e�v44gg:. Date Time OA.M. ❑P.M. 1/102020 2:02:22 PM MST BUYER Date Time 0A.M. ❑P.M. This form is printed and distributed by the Idaho Association of REALTORSO, Inc. This form has been designed and is provided for use by the real estate professionals who are members of the Idaho Asscdation of REALTORS& USE BY ANY OTHER PERSON IS PROHIBITED. ®Copyright Idaho Association of REALTORS@, Inc. All rights reserved. JULY 2019 EDITION RE-13 COUNTER OFFER Page 1 of 1 InstanetFORMS Authentisl9n ID: 92B1D6C84474433D.9CB0436F93F73C81 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 ADDENDUM # JULV 2019 EDITION 1 (AII addendums shall be numbered sequentially.) page 1 of 1 �7 RE-11 ADDENDUM u )Al1O THIS YOU HAVE ANY QUESTIONS, CONSULT ULT YOUR ATTORNEY ANDT, READ THE ENTIRE OR ACCOUNTANTNT, INCLUDING ABEFORENY ASIGNING.S e. .. Today's Date: 01/14/2020 This is an ADDENDUM to the X Purchase and Sale Agreement Other ("Addendum" means that the information below is added material for the agreement {such as lists or descriptions) and/or means the form is being used to change, correct or revise the agreement {such as modification, addition or deletion of a term)). AGREEMENT DATED: 11/26/2019 ID # 10001ndustrYWay ADDRESS: 1000 S. Industry Way Meridian ID 83642 BUYER(S): Richard Wiggins, President, CTC Telecom Inc SELLER(S): United Heritage Life Insurance Co. The undersigned parties hereby agree as follows: 1. The full legal description is Lots 20 & 21, Block 4 CENTRAL VALLEY CORP PARK #6. 2. Amendment to Line 371; There are no exhibits to this contract. END ADDENDUM. To the extent the terms of this ADDENDUM modify or conflict with any provisions of the Purchase and Sale Agreement including all prior Addendums or Counter Offers, these terms shall control. All other terms of the Purchase and Sale Agreement including all prior Addendums or Counteroffers not modified by this ADDENDUM shall remain the same. Upon its execution by both parties, this agreement is made ral part of the aforementioned Agreement. 01 /14/2020 BUYER: i';r�.t1u�;,,.,14,«c..t,E7CDate: VIPAN/:125011151 Richard Wiggins, President, CTC Telecom, Inc BUYER: Date: SELLER:' Date: 01/17/2020 1n7r20203:10:44PMNST United Heritage Insurance Co. SELLER: Date: This form is printed and distributed by the Idaho Association of REALTORS®, Inc. This form has been designed and is provided for use by the real estate professionals who are members of the Idaho Association of REALTORSO. USE BY ANY OTHER PERSON IS PROHIBITED. ©Copyright Idaho Association of REALTORSi Inc. All rights reserved. JULY 2019 EDITION RE-11 ADDENDUM Page 1 of 1 Instanetfuurrs Aufhentisi8n ID: 2331DBA6438S4B85-98E6.IASEBEC6FAAC 1 2 3 4 5 6 7 8 9 iD 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 46 49 50 51 52 53 54 55 56 57 58 59 ADDENDUM # z — ULY2D,9EOITi°" (All addendums shall be numbered sequentially.) page 1 of 1 F 7RR. RE-11 ADDENDUM IDAHO T IF YOU HAVE ANY QUESTIONS, CONSULT YOUR ATTORNEEAD THE ENTIRE Y AND/OR ACCOUNTANT OCUMENT, INCLUDING ABEFORE NY SIGN SIGNING. ATTACHMENTS. LJ REALTORS Today's Date: 05/07/2020 This is an ADDENDUM to the X Purchase and Sale Agreement Other ("Addendum' means that the information below is added material for the agreement (such as lists or descriptions) and/or means the form is being used to change, correct or revise the agreement (such as modification, addition or deletion of a term)). AGREEMENT DATED: 11/26/2019 ID # 10001ndustryWay ADDRESS: 1000 S Industry Way Ada Meridian ID 83642 BUYER(S): Richard Wiggins, President, CTC Telecom, Inc SELLER(S): United Heritage Life Insurance Company The undersigned parties hereby agree as follows: 1. Seller to extend Buyer's Due Diligence and to expire on May 18, 2020. 2. Buyer and Seller acknowledge and agree that Seller has approved of Buyer's Plans depicted on Exhibit A attached hereto, and that Buyer has submitted such Plans for approval to the Architectural Committee of the Central Valley Corporation Subdivision (the "AC"). Seller shall have the right to approve any changes to the Plans. No later than five (5) business days prior to the expiration of the Due Diligence Period as extended by this Addendum #2, Buyer shall submit to Seller for Seller's review and approval the Plans as revised at the direction of the AC. Seller shall either approve or make recommendations for change in the Plans within three (3) business days of receiving such Plans. In the event Seller does not approve the Plans during the extended Due Diligence Period, Seller shall be entitled to terminate this Agreement. 3. Buyer shall not be entitled to any additional automatic extensions to the Due Diligence Period for the approval of the Plans. END. To the extent the terms of this ADDENDUM modify or conflict with any provisions of the Purchase and Sale Agreement including all prior Addendums or Counter Offers, these terms shall control. All other terms of the Purchase and Sale Agreement including all prior Addendums or Counter Offers not modified bythis ADDENDUM shall remain the same. Upon its execution by both parties, this agreement is made an integral part of the afor Aat#pffi, Agreement. 05/08/2020 BUYER: d 4.Urggma Date: RTffffi tfWiff7 5; President, CTC Telecom, Inc BUYER: SELLER: Life Insurance Company SELLER: Date: Date: S Z020 Date: This form is printed and distributed by the Idaho Association of REALTORSO, Inc. This foon has been designed and is provided for use by the real estate professionals who are members of the Idaho Association of REALTORS& USE BY ANY OTHER PERSON IS PROHIBITED. *Copyright Idaho Association of REALTORS0, Inc. All rights reserved. JULY 2019 EDITION RE-11 ADDENDUM Page 1 of 1 This form was prepared by John Bottles I Mark Bottles Real Estate Se". I jbottles@markbottles.com 1 208.994-2255 Instomeh o ms