CC - Warranty Deed ADA COUNTY RECORDER Phil McGrane 2020.024015
BOISE IDAHO Pgs=2 BONNIE OBERBILLIG 02/28/2020 11:10 AM
EMPIRE TITLE,LLC,AN IDAHO LIMITED LIABILITY $15.00
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T I T L E & E S C R O W
WARRANTY DEED
F'OR VALUE RECEIVED
Gordon Jay Skinner GRANTOR(s)does(do)hereby GRANT, BARGAIN, SELL and CONVEY unto:
Shelburne Properties, .LLC GRANTEE(s), whose current address is: 7629 E Pinnanle Peak Rd., #110,
Scottsdale, AZ 85255 the following described real property in Ada County, State of ID more
particularly described as follows,to wit:
SEE ATTACHED EXHIBIT A
TO HAVE AND TO 14OLD the said premises, with their appurtenances unto said Grantee(s), and
Grantee(s) heirs and assigns forever. And Grantor(s) does(do) hereby covenant to and with said
Grantee(s) that 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 reservations, restrictions, dedications,
easements, rights of way and agreements, if any, of record, and general taxes and assessments, (including
irrigation and utility assessments, if any) for the current year which are not yet due and payable and
the Grantor(s) will warrant and defend the same from all lawful claims whatsoever.
Dated this 28th clay of February,2020
'Go-don J m
State of Idaho
County � �
On this_ day of r in the year of 2020, before me the undersigned
Notary Public in and for said State,personally appeared Gordon Jay Skinner,known or identified to me
as the person whose name(s)is/are subscribed to the within instrument,and acknowledged to me that
/ e executed the same.
I '
_-__-� DsANN L SAYRE
/ COMMISSION 930074
Notary Public for � NOTARY PUBLIC
Residing at:, G� ry�./x7, lQ STATE OF IDAHO
MY COMMISSION EXPIRES OaW2022
My Commission Expires: 6`r_Q F-11110d?
Warranty Deed Page I of 2 File No:NXID-0310028
kX
EI T L E E S C R O W
WARRANTY DEED
FOR VALUE RECEIVED
Gordon Jay Skinner GRANTOR(s)does(do)hereby GRANT, BARGAIN, SELL and CONVEY unto:
Shelburne Properties, LLC GRANTEE(s). whose current address is: 7629 E Pinnanle Peak Rd., #1 10,
Scottsdale, AZ 85255 the following described real property in Ada County, State of ID more
particularly described as follows,to wit:
SEE ATTACHED EXHIBIT A
TO HAVE AND TO HOLD the said premises, with their appurtenances unto said Grantee(s), and
Granter(s) heirs and assigns forever. And Grantor(s) does(do) hereby covenant to and with said
Grantee(s) that 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 Grantoe(s); and subject to reservations, restrictions, dedications,
easements, rights of way and agreements, if any. of record, and general taxes and assessments, (including
irrigation and utility assessments, if any) for the current year which are not yet due and payable and
the Grantor(s) will warrant and defend the same from all lawful claims whatsoever.
Darted this 28th day of February, 2020
Go on J-� m r
State of Idaho/f /
County
-�h
On this 5 day of l-rort r in the year of 2020, before me the undersigned
Notary Public in and for said State, personally appeared Gordon Jay Skinner,known or identified to me
as the person whose name(s) is/are subscribed to the within instrument, and acknowledged to me that
_-h-e,4h@4tlzey executed the same.
i
1 C0t0i"A� aEl1C-3 r 4111,k1$7141
Notary Public for 4- NOTA'
Residing at: CL
My Commission Expr er s:
Warranty Deed Page 1 of 2 File No: NXID-0310028
EXHIBIT A
A parcel of land being located in the SW 1/4 of the SE 1/4 of Section 28, Township 3 North, Range 1
East, Boise Meridian,Ada County, Idaho and more particularly described as follows:
Commecing at a Brass Cap monument marking the southwest corner of the SE 1/4 of said Section 28,
from which an Aluminum Cap monument marking the southeast corner of said SE 1/4 bears S 89' 14' 43"
E a distance of 2660.54 feet;
Thence S 89' 14'43" E(formerly East) along the southerly boundary of said SE 1/4 a distance of 238.00
feet to a point;
Thence leaving said southerly boundary N 0° 31'20" E(formerly N 0° 14' 00" W) a distance of 25.00
feet to a point on the northerly right-of-way of E. Amity Road and the POINT OF BEGINNING;
Thence continuing N 0° 3 P 20" E a distance of 940.92 feet to a point;
Thence S 89' 19' 33" E(formerly N 89' 55' 10" E) a distance of 366.08 feet to a point;
Thence S 0° 3 F 18" W(formerly S 0° 14' 00" E) a distance of 746.46 feet to a point;
Thence N 89' 14'43" W(formerly West) a distance of 186.00 feet to a point;
Thence S 0° 3 P 17" W (formerly S 0° 14' 00" E) a distance of 195.00 feet to a point on the northerly
right-of-way of E. Amity Road;
Thence along said northerly right-of-way N 89' 14' 43" W (formerly West) a distance of 200.09 feet to
thge POINT OF BEGINNING.
ADA COUNTY RECORDER Phil McGrane 2019-046874
BOISE IDAHO Pgs=5 HEATHER LUTHER 06/03/2019 11:42 AM
NEXTITLE $15.00
THIS DOCUMENT HAS BEEN EXECUTED IN COUNTERPART
'Nk � TITLE
'�'. + -
WARRANTY DEED
FOR VALUE RECEIVED
Kenneth A. Williams and Gloria M.Williams,husband and wife and Jason R. Williams and Karen M.
Williams,husband and wifRANTOR(s)does(do)hereby GRANT, .BARGAIN, SELL and CONVEY
unto: LLC
Shelburne Properties/an Idaho limited liability company GRANTEE(s),whose current address is: 7440
East Pinnacle Peak Road, Scottsdale,AZ 85255 the following described real property in Ada County,
State of ID more particularly described as follows,to wit:
SEE ATTACHED EXHIBIT A
TO HAVE AND TO HOLD the said premises, with their appurtenances unto said Grantee(s), and
Grantee(s) heirs and assigns forever. And Grantor(s) does(do) hereby covenant to and with said
Grantee(s) that Grantor(s) is/are the owner(s) in fee simple of said prenuses, 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 reservations, restrictions, dedications,
easements,rights of way and agreements,if any,of record,and.general taxes and assessments,(including
irrigation and utility assessments, if any) for the current year which are not yet due and payable and
the Grantor(s) will warrant and defend the same from all lawful claims whatsoever.
Dated this 30th day of May,2019
.o
e .Williams
C
ti
Aria Williams
Jason R.Williams
Karen M.Williams
State of ,U-Q L
County 13df Ice_
On this 24 day of in the year of 2019,before me the undersigned
Notary Public in and for said State,p sonally appeared Kenneth A.Williams and Gloria M.Williams,
known or identified to me as the person whose name(s)is/are subscribed to the within instrument,and
acknowledged to me that he/she/they executed the same.
MARGUERITE MCKELL
=r% Notary Pubiir-State of Utah
Comm.No.704349
Notary Publi• ,or My My Commission Expires on
Residing at: � Feb t,2023
My Commission Expizes: D2 01 2D2-.
Warranty Deed Page 1 of 3 File No:NXID-0305104
ri e
ITLE
.. j..:
WMURANTY DEED
FOR VALUE RECEIVED
Kenneth A. Williams and Gloria M. Williams, husband and wife and Jason R. Williams and Karen M.
Williams, husband and wife GRANTOR(s)does(do)hereby GRANT, l3A.RGAIN, SELL and CONVEX
unto:
LLC
Shelburne Properties, an Idaho limited liability company GRANTEE(s),whose current address is: 7440
East Pinnacle Peak.Road, Scottsdale, AZ 85255 the following described real property in Ada County,
State of ID more particularly described as follows,to wit:
SEE ATTACHED EXHIBIT A
TO HAVE AND TO HOLD the said premises, with their appurtenances unto said Grantee(s), and
Grantee(s) heirs and assigns forever. And Grantor(s) does(do) hereby covenant to and with said
Grantee(s) that 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 reservations, restrictions, dedications,
easements,rights of way and agreements,if any; of record,and general taxes and assessments,(including
irrigation and utility assessments, if any) for the current year which are not yet due and payable and
the Grantor(s) will warrant and defend the same fi•om.all lawful claims whatsoever.
Dated this 30th day of May,2019
Kenneth A. Williams
Gloria M. Williams
AonWilliams
Karen M.Williams
State of Idaho
County
State of ID .
County Twh S
On this- —day of ,in the y=of 2019,before me the undersigned
Notary Public in and for said State,.p sonally appeared Jason R.Williams and Karen M.'6 'foam s known or identified to me as the person whose name(s)is/are subscribed to the within instrument,and
acknowledged to me that he/she/they executed the same.
L
Notary Public for )ZMAb
Residing at:'TW 1 \AS
My Commission Expires:
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EXHIBIT A
("Legal Description")
PARCEL II:
A portion of the Southwest 1/4 of the Southeast 1/4 of Section 28,Township 3 North, Range 1 East,
Boise-Meridian in Ada County, Idaho, more particularly described as follows:
Commencing at the 1/4 corner to Sections 28 and 33, Township 3 North, Range 1 East, Boise-Meridian;
Thence
East along the section line common to Sections 28 and 33,a distance of 636.09 feet;Thence
North 0°14'West 957.11 feet;Thence
East 353.18 feet to the REAL POINT OF BEGINNING;Thence
West 353.18 feet;Thence
North 0°14'West 368.54 feet;Thence
North 89*55'10" East 311.37 feet, more or less,to a point on the Westerly boundary of that certain parcel
described in Book 88 of Deeds on Page 9, Records of Ada County, Idaho;Thence
Southeasterly along said Westerly boundary the following described courses,
South 19'58' East 2.89 feet;Thence
South 50*33' East 55.80 feet to a point bearing North 0'08' East from the real point of beginning;Thence
leaving
said Westerly boundary,
South 0'08'West 330.80 feet, more or less to the REAL POINT OF BEGINNING.
Except ditch and ditch rights-of-way.
Excepting Therefrom:
A parcel of land located in the SW 1/4 of the SE 1/4 of Section 28,Township 3 North, Range 1 East, Boise
Meridian,Ada County, Idaho, and more particularly described as follows:
Commencing at a Brass Cap monument marking the southwest corner of the SE 1/4 of said Section 28,
from
which an Aluminum Cap monument marking the southeast comer of said SE 1/4 bears S 89°14'43" E
(formerly
East) a distance of 2660.54 feet;
Thence S 89°14'43" E (formerly East) along the south boundary of said SE 1/4 a distance of 636.09 feet to
a point;
Thence leaving said south boundary N 0°31'18" E (formerly N 0°14' W) a distance of 957.11 feet to the
POINT OF BEGINNING;
Thence continuing N 0'31 18' E a distance of 368.22 feet (formerly N 0°14' W, 368.54 feet)to a point on
the north
boundary of the SE 1/4 of said Section 28;
Thence S 89*19'52" E (formerly S 89°55'10" E) along said north boundary a distance of 120.93 feet to a
point;
Thence leaving said north boundary S 14°33'57" E a distance of 9.38 feet to a point of curvature;
Thence 75.61 feet along the arc of a 123.50 foot radius curve left, said curve having a central angle of
35°04'35"
and a long chord bearing S 32°06'14" E a distance of 74.43 feet to a point of tangency;
Thence S 49°38'32" E a distance of 246.91 feet to a point;.
Thence S 0*29' 23" W(formerly S 0°08' W)a distance of 139.36 feet;
Thence N 89°15'25"W (formerly West) a distance of 353.18 feet to the POINT OF BEGINNING.
EXHIBIT A
("Legal Description")
PARCEL III:
A portion of the Southwest 1/4 of the Southeast 1/4 of Section 28,Township 3 North, Range 1 East,
Boise-Meridian, Ada County, Idaho; More particularly described as follows:
Commencing at the 1/4 corner common to Sections 28 and 33, Township 3 North, Range 1 East, Boise-
Meridian;Thence
East along the section line common to Sections 28 and 33 a distance of 636.09 feet to the POINT OF
BEGINNING;Thence
North 00*14'West 957.11 feet;Thence
East 353.18 feet;Thence
South 00°08'West 130.96 feet;Thence
South 00*24' East,826.16 feet to the section-line common to Sections 28 and 33;Thence
West along said Section line 354.35 feet to the POINT OF BEGINNING.
Except ditch and ditch rights-of-way.
APN/Parcel(s):S1128438500 and S1128438600
Also commonly known as 4205 East Bott Lane, Meridian ID 83642.
r LE
2541 E. Gala Street, Suite 100
:
Meridian, ID 83642
Phone: 208-433-1021
Fax: 208-433-1140
Enclosed: Owner's Policy
Owner Name: Shelburne Properties, LLC ;, May 29, 2019
Owner Address: 7440 East Pinnacle Peak Road, Ste. 142
Scottsdale, AZ 85255 - -- At
—
t i JUN 0 4 2019 ' 4
Reference:
Order No.: NXID-0292747 BY: ( �j j
Enclosed is the final title policy. The original recorded document(s) will be sent under separate cover.
fur y r u on
cat ycrfla ps lic pis .co t i
at dx ri rttsi t h6 M >rit thto i 1 1 r day
trc�rf 8:t ). 11j1 to :t)f)1' PS l"�a c-°nat itst
Title Orders: title@nextidaho.com t t ei > ?llt o; orn
Your Title Team:
Staff Etna l )i ect
Damien Stout Title Officer DStout NextIdaho.corn 208-389-6924
Serving you in Ada and Canyon counties.
Thank you for choosing NexTitle. We value your business.
Please let us know how we can help.
ADA COUNT 201935441
Y RECORDER Phil McGrane .035
BOISE IDAHO Pgs=2 VICTORIA BAILEY 04/3 019 0 41
NEXTITLE PM
$15.00
-9:,16 E
rx 1 b-- o -�qx) C p,
WARRANTY DEED
FOR VALUE RECEIVED
Craig A. Pruett and Debra L. Pruett, husband and wife GRANTOR(s) does(do) hereby GRANT,
BARGAIN, SELL and CONVEY unto:
Shelburne Properties, LLC, an Idaho limited liability company GRANTEE(s), whose current address is:
7440 East Pinnable Peak Road, Scottsdale, AZ 85255 the following described real property in Ada
County, State of ID more particularly described as follows,to wit:
SEE ATTACHED EXHIBIT A
TO HAVE AND TO HOLD the said premises, with their appurtenances unto said Grantee(s), and
Grantee(s) heirs and assigns forever. And Grantor(s) does(do) hereby covenant to and with said
Grantee(s) that 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 reservations, restrictions, dedications,
easements,rights of way and agreements,if any, of record, and general taxes-and assessments, (including
irrigation and utility assessments, if any) for the current year which are not yet due and payable and
the Grantor(s) will warrant and defend the same from all lawful claims whatsoever.
Dated this day of April,2019
Craig Pruett
Debra L. Pruett
State of Idaho I��q County
On this 9-4 day of 41orl in the year of 2019,before me the undersigned
Notary Public in and for said Stat ,personally appeared Craig A.Pruett and Debra L.Pruett,known
or identified to me as the person whose name(s)is/are subscribed to the within instrument, and
acknowledged to me that he/she/they executed the same.
Notary Public for A
Residing at: DeANN L SAYRE
My Commission Expires: CC1tv4y9!S '.??; ��
CTITLE
WARRANTY DEED
FOR VALUE RECEIVED
Craig A. Pruett and Debra L. Pruett, husband and wife GRANTOR(s) does(do) hereby GRANT,
BARGAIN, SELL and CONVEY unto:
Shelburne Properties, LLC, an Idaho limited liability company GRANTEE(s), whose current address is:
7440 East Pinnable Peak Road, Scottsdale, AZ 85255 the following described real property in Ada
County, State of ID more particularly described as follows, to wit:
SEE ATTACHED EXHIBIT A
TO HAVE AND TO HOLD the said premises, with their appurtenances unto said Grantee(s), and
Grantee(s) heirs and assigns forever. And Grantor(s) does(do) hereby covenant to and with said
Grantee(s) that 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 sub_lect to reservations, restrictions, dedications,
easements, rights of way and agreements, if any, of record, and general taxes and assessments, (including
irrigation and utility assessments, if any) for the current year which are not yet due and payable and
the Grantor(s) will warrant and defend the same from all lawful claims whatsoever.
Dated this z" day of April,2019
� �.
CraigPruett
cr c�
Debra L. Pruett
State of Idaho
County j�e/G
On this c�7 '
/ day of , in the year of 2019, before me the undersigned
Notary Public in and for said State,personally appeared Craig A. Pruett and Debra L. Pruett,known
or identified to me as the person whose name(s)is/are subscribed to the within instrument, and
acknowledged to me that he/she/they executed the same.
Notary Public forc'l'
EXHIBIT A
The East Half of the East Half of the Southwest quarter of the Southeast quarter of Section 28, Township
3 North, Range 1 East, Boise Meridian,Ada County, Idaho.
Except the Following:
Beginning at a point on the North line of the Southwest quarter of the Southeast quarter of Section 28,
from which the Southeast Corner of said Section 28 bears South 50°30'East 2076 feet; thence South
50°14'East 315.4 feet; thence South 51°34'East 50.2 feet; thence
South 76.6 feet; thence North 51'34'West 98.5 feet; thence North 50'14'West 387.8 feet to the North
line of the Southwest quarter of the Southeast quarter of Section 28 above mentioned; thence East along
said line 93.8 feet to the place of beginning.
APN/Parcel(s): S1128438410
i, POLICY NO.
EST OP-6-7224101
L,v,T.TLE INSURr.NGE Celt;1kW1
ALTA OWNER'S POLICY (6-17-06)
ISSUED BY
WESTCOR LAND TITLE INSURANCE COMPANY
OWNER'S POLICY OF TITLE INSURANCE
Any notice of claim and any other notice or statement in writing required to be given to the Company
under this Policy must be given to the Company at the address shown in Section 18 of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN
SCHEDULE B,AND THE CONDITIONS, WESTCOR LAND TITLE INSURANCE COMPANY, a California corporation
(the"Company")insures,as of Date of Policy and,to the extent stated in Covered Risks 9 and 10,after Date of Policy,against
loss or damage,not exceeding the Amount of Insurance,sustained or incurred by the Insured by reason of:
1. Title being vested other than as stated in Schedule A.
2.Any defect in or lien or encumbrance on the Title. This Covered Risk includes but.is not limited to insurance against loss
from
(a) A defect in the Title caused by
(i) forgery,fraud,undue influence,duress, incompetency, incapacity,or impersonation;
(ii) failure of any person or Entity to have authorized a transfer or conveyance;
(iii) a document affecting Title not properly created, executed, witnessed, sealed,acknowledged, notarized, or
delivered;
(iv) failure to perform those acts necessary to create a document by electronic means authorized by law;
(v) a document executed under a falsified,expired,or otherwise invalid power of attorney;
(vi) a document not properly filed,recorded, or indexed in the Public Records including failure to perform those acts
by electronic means authorized by law;or
(vii) a defective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but
unpaid.
(c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be
disclosed by an accurate and complete land survey of the Land.The term"encroachment"includes encroachments of
existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing
improvements located on adjoining land.
3. Unmarketable Title.
COVERED RISKS Continued on next page
IN WITNESS WHEREOF, WESTCOR LAND TITLE INSURANCE COMPANY has caused this policy to be signed and
sealed as of the Date of Policy shown in Schedule A,
Issued By: NexTitle WESTCOR LAND TITLE INSURANCE COMPANY
2541 East Gala Street Suite 100
Meridian, ID 83642 yn?d By:
Phone:
�„er=ue �; resident
Ccmpv:v q I
Attest:
Secretary
OP-6 ALTA 6-17-06 Owner's Policy (WLTIC Edition 2-25-08)
4.No right of access to and from the Land.
5.The violation or enforcement of any law,ordinance, permit, or governmental regulation(including those relating to building and
zoning)restricting,regulating,prohibiting,or relating to
(a) the occupancy, use,or enjoyment of the Land;
(b) the character,dimensions,or location of any improvement erected on the Land;
(c) the subdivision of land;or
(d) environmental protection
if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce,
but only to the extent of the violation or enforcement referred to in that notice.
6.An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the
enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement
referred to in that notice.
7.The exercise of the rights of eminent domain if a notice of the exercise,describing any part of the Land, is recorded in the Public
Records.
8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge.
9.Title being vested other than as stated in Schedule A or being defective
(a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy,of a transfer of all
or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A
because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or
similar creditors'rights laws;or
(b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal
bankruptcy,state insolvency, or similar creditors'rights laws by reason of the failure of its recording in the Public
Records
(i) to be timely,or
(ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor.
10.Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or
attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed
or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
The Company will also pay the costs,attorneys' fees,and expenses incurred in defense of any matter insured against by this Policy,but
only to the extent provided in the Conditions.
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the (b)not Known to the Company,not recorded in the Public
coverage of this policy,and the Company will not pay loss or Records at Date of Policy, but Known to the Insured
damage, costs,attorneys ' fees, or expenses that arise by Claimant and not disclosed in writing to the Company
reason of. by the Insured Claimant prior to the date the Insured
1. (a) Any law, ordinance, permit, or governmental Claimant became an Insured under this policy;
regulation(including those relating to building and (c) resulting in no loss or damage to the Insured Claimant;
zoning) restricting, regulating, prohibiting, or (d)attaching or created subsequent to Date of Policy
relating to (however,this does not modify or limit the coverage
(i) the occupancy,use,or enjoyment of the Land; provided under Coveted Risk 9 and 10);or
(ii) the character, dimensions, or location of any (e) resulting in loss or damage that would not have been
improvement erected on the Land; sustained if the Insured Claimant had paid value for
(iii) the subdivision of land;or the Title.
(iv) environmental protection; or the effect of any 4. Any claim, by reason of the operation of federal
violation of these laws, ordinances, or bankruptcy,state insolvency, or similar creditors' rights
governmental regulations. This Exclusion 1(a) laws, that the transaction vesting the Title as shown in
does not modify or limit the coverage provided Schedule A, is
under Covered Risk 5.
(b)Any governmental police power. This Exclusion I(b) (a) a fraudulent conveyance or fraudulent transfer;or
does not modify or limit the coverage provided under (b)a preferential transfer for any reason not stated in
Covered Risk 6. Covered Risk 9 of this policy.
2. Rights of eminent domain. This Exclusion does not modify 5.Any lien on the Title for real estate taxes or assessments
or limit the coverage provided under Covered Risk 7 or 8. imposed by governmental authority and created or
attaching between Date of Policy and the date of recording
3. Defects, liens,encumbrances,adverse claims,or other mat- of the deed or other instrument of transfer in the Public
ters Records that vests Title as shown in Schedule A.
(a)created, suffered,assumed, or agreed to by the Insured
Claimant;
OP-6 ALTA 6-17-06 Omier's Police (wLTIC Edition 2-25-08)
CONDITIONS
1. DEFINITION OF TERMS respect to Covered Risk 5(d),"Public Records"shall also
The following terms when used in this policy mean: include environmental protection liens filed in the records
(a) "Amount of Insurance": The amount stated in Schedule of the clerk of the United States District Court for the
A, as may be increased or decreased by endorsement to district where the Land is located,
this policy, increased by Section 8(b), or decreased by 0) "Title": The estate or interest described in Schedule A.
Sections 10 and l I of these Conditions. (k)"Unmarketable Title": Title affected by an alleged or
(b)"Date of Policy":The date designated as"Date of Policy" apparent matter that would permit a prospective
in Schedule A. purchaser or lessee of the Title or lender on the Title to
(c) "Entity": A corporation, partnership, trust, limited be released from the obligation to purchase, lease,or lend
liability company,or other similar legal entity. if there is a contractual condition requiring the delivery of
(d)"Insured":The Insured named in Schedule marketable title.
A.(i)The term"Insured"also includes
(A) successors to the Title of the Insured by 2. CONTINUATION OF INSURANCE
operation of law as distinguished from purchase, The coverage of this policy shall continue in force as of Date
including heirs, devisees, survivors, personal of Policy in favor of an Insured, but only so long as the
representatives,or next of kin; Insured retains an estate or interest in the Land, or holds an
(B) successors to an Insured by dissolution, merger, obligation secured by a purchase money Mortgage given by a
consolidation,distribution,or reorganization; purchaser from the Insured, or only so long as the Insured
(C) successors to an Insured by its conversion to shall have liability by reason of warranties in any transfer or
another kind of Entity; conveyance of the Title. This policy shall not continue in
(D) a grantee of an Insured under a deed delivered force in favor of any purchaser from the Insured of either (i)
without payment of actual valuable an estate or interest in the Land, or(ii)an obligation secured
consideration conveying the Title by a purchase money Mortgage given to the Insured.
(1) if the stock,shares, memberships, or other 3. NOTICE OF CLAIM TO BE GIVEN BY
equity interests of the grantee are INSURED CLAIMANT
wholly-owned by the named Insured, The Insured shall notify the Company promptly in writing(i)
(2) if the grantee wholly owns the named Insured, in case of any litigation as set forth in Section 5(a) of these
(3) if the grantee is wholly-owned by an Conditions, (ii) in case Knowledge shall come to an Insured
affiliated Entity of the named Insured, hereunder of any claim of title or interest that is adverse to provided the affiliated Entity and the named the Title,as insured,and that might cause loss or damage for
Insured are both wholly-owned by the same person or Entity,or which the Company may be liable by virtue of this policy,or
(4) if the grantee is a trustee or beneficiary of a (iii) if the Title,as insured, is rejected as Unmarketable Title.
trust created by a written instrument If the Company is prejudiced by the failure of the Insured
established by the Insured named in Schedule Claimant to provide prompt notice, the Company's liability
A for estate planning purposes. to the Insured Claimant under the policy shall be reduced to
(ii) With regard to A the extent of the prejudice.
(�•) g O, (B), (C), and (D) reserving,
however, all rights and defenses as to any successor 4. PROOF OF LOSS
that the Company would have had against any In the event the Company is unable to determine the amount
predecessor Insured. of loss or damage,the Company may,at its option, require as
(e)"Insured Claimant": An Insured claiming loss or damage. a condition of payment that the Insured Claimant furnish a
(f) "Knowledge" or "Known": Actual knowledge, not signed proof of loss. The proof of loss must describe the
constructive knowledge or notice that may be imputed to defect, lien,encumbrance, or other matter insured against by
an Insured by reason of the Public Records or any other this policy that constitutes the basis of loss or damage and
records that impart constructive notice of matters shall state, to the extent possible, the basis of calculating the
affecting the Title. amount of the loss or damage.
(g)"Land" The land described in Schedule A, and affixed
improvements that by law constitute real property. The 5. DEFENSE AND PROSECUTION OF ACTIONS
term "Land"does not include any property beyond the (a) Upon written request by the Insured,and subject to the
lines of the area described in Schedule A,nor any right, options contained in Section 7 of these Conditions,the
title, interest, estate, or easement in abutting streets, Company, at its own cost and without unreasonable
roads, avenues,alleys, lanes,ways,or waterways,but this delay, shall provide for the defense of an Insured in
does not modify or limit the extent that a right of access litigation in which any third party asserts a claim
to and from the Land is insured by this policy. covered by this policy adverse to the Insured. This
(h)"Mortgage": Mortgage, deed of trust, trust deed, or other obligation is limited to only those stated causes of
security instrument, including one evidenced by action alleging matters insured against by this policy.
electronic means authorized by law. The Company shall have the right to select counsel of
(i) "Public Records": Records established under state its choice (subject to the right of the Insured to object
statutes at Date of Policy for the purpose of imparting for reasonable cause) to represent the Insured as to
constructive notice of matters relating to real property to those stated causes of action. It shall not be liable for
purchasers for value and without Knowledge. With and will not pay the fees of any other counsel. The
Company will not pay any fees,costs, or expenses administration of the claim. Failure of the insured
incurred by the Insured in the defense of those causes Claimant to submit for examination under oath, produce
of action that allege matters not insured against by this any reasonably requested information, or grant permission
policy. to secure reasonably necessary information from third
(b)The Company shall have the right, in addition to the parties as required in this subsection, unless prohibited by
options contained in Section 7 of these Conditions, at law or governmental regulation, shall terminate any
its own cost, to institute and prosecute any action or liability of the Company under this policy as to that claim.
proceeding or to do any other act that in its opinion 7. OPTIONS TO PAY OR OTHERWISE SETTLE
may be necessary or desirable to establish the Title,as CLAIMS;TERMINATION OF LIABILITY
insured, or to prevent or reduce loss or damage to the In case of a claim under this policy, the Company shall have
Insured.The Company may take any appropriate action the following additional options:
under the terms of this policy,whether or not it shall be (a)To Pay or Tender Payment of the Amount of Insurance.
liable to the Insured. The exercise of these rights shall To pay or tender payment of the Amount of Insurance under
not be an admission of liability or waiver of any this policy together with any costs,attorneys ' fees, and
provision of this policy. If the Company exercises its expenses incurred by the Insured Claimant that were
rights under this subsection, it must do so diligently. authorized by the Company up to the time of payment or
(c) Whenever the Company brings an action or asserts a tender of payment and that the Company is obligated to pay.
defense as required or permitted by this policy, the Upon the exercise by the Company of this option, all liability
Company may pursue the litigation to a final and obligations of the Company to the Insured under this
determination by a court of competent jurisdiction, and policy, other than to make the payment required in this it expressly reserves the right, in its sole discretion, to subsection, shall terminate, including any liability or
appeal any adverse judgment or order.6. DUTY OF INSURED CLAIMANT TO COOPERATE obligation to defend,prosecute,or continue any litigation.
(a) in all cases where this policy permits or requires the (b) To Pay or Otherwise Settle With Parties Other Than the
Company to prosecute or provide for the defense of any Insured or With the Insured Claimant.
action or proceeding and any appeals, the Insured shall (i) To pay or otherwise settle with other parties for or in
secure to the Company the right to so prosecute or provide the name of an Insured Claimant any claim insured
defense in the action or proceeding, including the right to against under this policy. In addition, the Company
use,at its option,the name of the Insured for this purpose. will pay any costs,attorneys ' fees, and expenses
Whenever requested by the Company, the Insured, at the incurred by the Insured Claimant that were authorized
Company's expense, shall give the Company all by the Company up to the time of payment and that the
reasonable aid (i) in securing evidence, obtaining Company is obligated to pay;or
witnesses, prosecuting or defending the action or
proceeding, effecting settlement, and (ii) in any other (i i) To pay or otherwise settle with the Insured Claimant
the loss or damage provided for under this policy,
lawful act that in the opinion of the Company may be together with any costs, attorneys' fees, and expenses
necessary or desirable to establish the Title or any other incurred by the Insured Claimant that were authorized
matter as insured. If the Company is prejudiced by the by the Company up to the time of payment and that the
failure of the insured to furnish the required cooperation, Company is obligated to pay.
the Company's obligations to the Insured under the policy
shall terminate, including any liability or obligation to Upon the exercise by the Company of either of the options
defend,prosecute, or continue any litigation, with regard provided for in subsections (b)(i) or (ii), the Company's
to the matter or matters requiring such cooperation. obligations to the Insured under this policy for the claimed
loss or damage, other than the payments required to be made,
(b) The Company may reasonably require the Insured shall terminate, including any liability or obligation to defend,
Claimant to submit to examination under oath by any prosecute,or continue any litigation.
authorized representative of the Company and to produce
for examination, inspection, and copying, at such 8. DETERMINATION AND EXTENT OF LIABILITY
reasonable times and places as may be designated by the This policy is a contract of indemnity against actual monetary
authorized representative of the Company, all records, in loss or damage sustained or incurred by the insured Claimant
whatever medium maintained, including books, ledgers, who has suffered loss or damage by reason of matters insured
checks, mernoranda,correspondence, reports, e-mails, against by this policy.
disks,tapes, and videos whether bearing a date before or (a)The extent of liability of the Company for loss or damage
after Date of Policy,that treasonably pertain to the loss or under this policy shall not exceed the lesser of
damage. Further, if requested by any authorized
representative of the Company,the Insured Claimant shall (i) the Amount of Insurance;or
grant its permission, in writing, for any authorized (ii) the difference between the value of the Title as
representative of the Company to examine,inspect, and insured and the value of the Title subject to the risk
copy all of these records in the custody or control of a insured against by this policy.
third party that reasonably pertain to the loss or damage. (b) If the Company pursues its rights under Section 5 of these
All information designated as confidential by the Insured Conditions and is unsuccessful in establishing the Title,as
Claimant provided to the Company pursuant to this insured,
Section shall not be disclosed to others unless, in the
reasonable judgment of the Company,it is necessary in the (i) the Amount of insurance shall be increased by ]0%,
OP-6 ALTA 6-17-06 Omier's Policy (WLTIC Edition 2-25-08)
and Claimant and to use the name of the Insured Claimant in
(ii) the Insured Claimant shall have the right to have the any transaction or litigation involving these rights and
loss or damage determined either as of the date the remedies.
claim was made by the Insured Claimant or as of the If a payment on account of a claim does not fully cover the
date it is settled and paid. loss of the Insured Claimant, the Company shall defer the
(c) In addition to the extent of liability under (a)and (b),the exercise of its right to recover until after the Insured Claimant
Company will also pay those costs, attorneys' fees, and shall have recovered its loss.
expenses incurred in accordance with Sections 5 and 7 of (b)The Company's right of subrogation includes the rights of
these Conditions. the Insured to indemnities,guaranties, other policies of
insurance, or bonds,notwithstanding any terms or
9. LIMITATION OF LIABILITY conditions contained in those instruments that address
(a) If the Company establishes the Title, or removes the subrogation rights.
alleged defect, lien,or encumbrance,or cures the lack of a 14.ARBITRATION
right of access to or from the Land, or cures the claim of
Unmarketable Title,all as insured, in a reasonably diligent Either the Company or the Insured may demand that the claim
manner by any method, including litigation and the or controversy shall be submitted to arbitration pursuant to the
completion of any appeals, it shall have fully performed its Title Insurance Arbitration Rules of the American Land Title
obligations with respect to that matter and shall not be Association ("Rules"). Except as provided in the Rules,there
liable for any loss or damage caused to the Insured. shall be no joinder or consolidation with claims or
(b) In the event of any litigation, including litigation by the controversies of other persons. Arbitrable matters may
Company or with the Company's consent, the Company include, but are not limited to, any controversy or claim
shall have no liability for loss or damage until there has between the Company and the Insured arising out of or
been a final determination by a court of competent relating to this policy, any service in connection with its
jurisdiction,and disposition of all appeals, adverse to the issuance or the breach of a policy provision, or to any other
Title,as insured. controversy or claim arising out of the transaction giving rise
(c) The Company shall not be liable for loss or damage to the to this policy. All arbitrable matters when the Amount of
Insured in Insurance is $2,000,000 or less shall be arbitrated at the
Insured for liability voluntarily assumed by the
settling any claim or suit without the prior written consent option of either the Company or the Insured. All arbitrable
of the Company. matters when the Amount of Insurance is in excess of
10. REDUCTION OF INSURANCE; REDUCTION $2,000,000 shall be arbitrated only when agreed to by both
OR TERMINATION OF LIABILITY the Company and the Insured. Arbitration pursuant to this
All payments under this policy, except payments made for policy and under the Rules shall be binding upon the parties.
costs,attorneys'fees, and expenses, shall reduce the Amount Judgment upon the award rendered by the Arbitrator(s) may
of Insurance by the amount of the payment. be entered in any court of competent jurisdiction.
11. LIABILITY NONCUMULATIVE 15. LIABILITY LIMITED TO THIS POLICY;
The Amount of Insurance shall be reduced by any amount the POLICY ENTIRE CONTRACT
Company pays under any policy insuring a Mortgage to which (a) This policy together with all endorsements, if any,
exception is taken in Schedule B or to which the Insured has attached to it by the Company is the entire policy and
agreed,assumed, or taken subject, or which is executed by an contract between the Insured and the Company. In
Insured after Date of Policy and which is a charge or lien on interpreting any provision of this policy, this policy shall
the Title,and the amount so paid shall be deemed a payment be construed as a whole.
to the Insured under this policy. (b)Any claim of loss or damage that arises out of the status of
the Title or by any action asserting such claim shall be
12. PAYMENT OF LOSS restricted to this policy.
When liability and the extent of loss or damage have been (c) Any amendment of or endorsement to this policy must be
definitely fixed in accordance with these Conditions, the in writing and authenticated by an authorized person, or
payment shall be made within 30 days. expressly incorporated by Schedule A of this policy.
13. RIGHTS OF RECOVERY UPON PAYMENT (d) Each endorsement to this policy issued at any time is made
OR SETTLEMENT a part of this policy and is subject to all of its terms and
(a) Whenever the Company shall have settled and paid a provisions. Except as the endorsement expressly states, it
claim under this policy, it shall be subrogated and entitled does not (i)modify any of the terms and provisions of the
to the rights of the Insured Claimant in the Title and all policy, (ii)modify any prior endorsement, (iii)extend the
other rights and remedies in respect to the claim that the Date of Policy,or(iv) increase the Amount of Insurance.
Insured Claimant has against any person or property, to 16.SEVERABILITI'
the extent of the amount of any loss,costs, attorneys' fees, In the event any provision of this policy, in whole or in part, is
and expenses paid by the Company. If requested by the held invalid or unenforceable under applicable law,the policy
Company, the Insured Claimant shall execute documents shall be deemed not to include that provision or such part held
to evidence the transfer to the Company of these rights and to be invalid, but all other provisions shall remain in full force
remedies.The Insured Claimant shall permit the Company and effect.
to sue, compromise, or settle in the name of the Insured
013-6 ALTA 6-17-06 ONmer's Policy (WLTIC Edition 2-25-08)
17.CHOICE OF LAW; FORUM
(a) Choice of Law: The Insured acknowledges the Company
has underwritten the risks covered by this policy and
determined the premium charged therefor in reliance upon
the law affecting interests in real property and applicable
to the interpretation, rights, remedies, or enforcement of
policies of title insurance of the jurisdiction where the
Land is located.
Therefore,the court or an arbitrator shall apply the law of
the jurisdiction where the Land is located to determine the
validity of claims against the Title that are adverse to the
Insured and to interpret and enforce the terms of this
policy. In neither case shall the court or arbitrator apply its
conflicts of law principles to determine the applicable law.
(b)Choice of Forum: Any litigation or other proceeding
brought by the Insured against the Company must be filed
only in a state or federal court within the United States of
America or its territories having appropriate jurisdiction.
18.NOTICES,WHERE SENT
Any notice of claim and any other notice or statement in
writing required to be given to the Company under this policy
must be given to the Company at: Westcor Land Title
Insurance Company, Attn.: Claims, 875 Concourse Parkway
South, Ste.200,Maitland, Florida 32751.
011-6 ALTA 6-17-06 Owner's Policy (WLTIC Edition 2-25-08)
OWNER'S POLICY OF TITLE INSURANCE
Issued by
Westcor Land Title Insurance Company
SCHEDULE A
Name and Address of Title Insurance Company:
WESTCOR LAND TITLE INSURANCE COMPANY
875 Concourse Parkway South,Suite 200,Maitland,Florida 32751
File No.: NNID-0292747 Policy No.: OP-6-7224101
Address Reference:4320 East Amity Road,Meridian,ID 83642
Amount of Insurance: $850,000.00 Premium: $2,442.50
Date of Policy: April 30,2019,at 02:12pm
1. Name of Insured:
Shelburne Properties,LLC,an Idaho limited liability company
2. The estate or interest in the Land that is insured by this policy is:
Fee Simple
3. Title is vested in:
Shelburne Properties,LLC,an Idaho limited liability company
4. The Land referred to in this policy is described as follows:
SEE ATTACHED EXHIBIT"A"
Countersigned
NexTitle`
By.
Kris Miller
AMCRICAN,
7.:aNp TIr C.E
Copyright 2006-2009 American Land Title Association. All rights reserved. r<soctATIOIN
The use of this Form is restricted to ALTA licensees and ALTA mernbers
in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
ALTA Diner's Policy(6-17-06)
Schedule A Page 1
Policy No.: OP-6-7224101
SCHEDULE A
Continued
EXHIBIT "A"
The East Half of the East Half of the Southwest quarter of the Southeast quarter of Section 28,Township 3 North,Range 1
East,Boise Meridian,Ada County,Idaho.
Except the Following:
Beginning at a point on the North line of the Southwest quarter of the Southeast quarter of Section 28,from which the
Southeast Corner of said Section 28 bears South 50030' East 2076 feet;thence South 50114' East 315.4 feet;thence South
51°34' East 50.2 feet;thence
South 76.6 feet;thence North 51134'West 98.5 feet; thence North 50114'West 387.8 feet to the North line of the Southwest
quarter of the Southeast quarter of Section 28 above mentioned;thence East along said line 93.8 feet to the place of beginning.
APN/Parcel(s): S1128438410
AMLRICAN
LAN TITLL
Copyright 2006-2009 American Land Title Association. All rights reserved. Ass,.OArui
The use of this Form is restricted to ALTA licensees and ALTA members
in good standing as of the date of use, All other uses are prohibited.
Reprinted under license from the American Land Title Association.
ALTA Onner's Policy(6-17-06)
Schedule A Page 2
OWNER'S POLICY OF TITLE INSURANCE
Issued by
Westeor Land Title Insurance Company
SCHEDULE B
File No.: NXID-0292747 Policy No.: OP-6-7224101
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage,and the Company will not pay costs,attorneys'fees,or expenses that arise by
reason of:
1. Any water or well rights,or rights or title to water or claims thereof,in,on or under the land.
2. Unpatented mining claims; reservations or exceptions in patents or in the Acts authorizing the issuance of said
patents.
3. General taxes for the year 2019,which are a lien,payable on or before December 20th of said year and not delinquent
until after said date.
4. Liens and assessments of the New York Irrigation District,and the rights,powers,and easements of said district as by
law provided.
5. Any tax,fee,assessments or charges as may be levied by Ada County Trash Services.
6. Lack of a right of access to and from the land.
(Note: Affects that portion of said premises lying Northeasterly of the Ten Mile Feeder Canal property conveyed to
the United States of America by Warranty Deed recorded September 10,1910 in Book 88 of Deeds at Page 9,Official
Records of Ada County, Idaho.)
7. Right of way for Ninemile Creek,and the rights of access thereto for maintenance of said canal/ditch/lateral.
8. Any rights,interests,or claims which may exist or arise by reason of the following facts shown on ALTA/NSPS Survey
prepared by LandSolutions Land Surveying and Consulting,dated January 18,2019,Project No. 19-08 Shelburne
South ALTA,
a.The fact that fence lines stray from property lines. Including but not limited to a fence constructed within the
Tenmile Feeder Canal right-of-way.
b.The fact that trees cross the northerly and westerly property lines.
c.The fact that Irrigation lines exist along the westerly,southerly and easterly property lines.
d.The fact that Overhead Power Lines cross the southerly property line.
e.The fact that an unnamed ditch exists along the southerly property line.
AMERICAN
... .........._.............
LAND TITLE
Copyright 2006-2009 American Land Title Association. All rights reserved. assucinn ti
The use of this Form is restricted to ALTA licensees and ALTA members
in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
ALTA Onner's Police'(6-17-06)
Schedule B Page 3