Warranty Deed0
August 19, 2013 Title One
a title & escrow co.
DELIVER TO: H.O.T. 1 LLLP
c/o Scentsy, Inc.
3330 E Louise Drive
Meridian, ID 83642
Thank you for choosing TitleOne Corporation for your title insurance needs. Enclosed you will find
the following:
Original Recorded Special Warranty Deed
Owner's Policy of Title Insurance
Order No.13226201
Should you have any questions regarding this title policy, your Title Officer is Scott Thiel, (208)
287-5314.
1101 W. River St., Suite 201 Boise, Idaho 83702 p: 208.424.8511 F. 208.424.0049
ADA CO0NTY RECORDER Christopher D. Rich AMOUNT 25.00 6
BOISE IDAHO 08/16/2013 01:56 PM
DEPUTY Bonnie Oberbillig
Simpltiile Electronic Recording I IIIIII IIIII IIIII IIIII� IIII[) (III 11111111111 HE 111111111111 IN
After recording, return to: RECORDED -REQUEST OF ( l ll I[
TITLEONE BOISE 113094237
H.O.T. I LLLP
3330 E Louise Drive
Meridian, ID 83642
Attn: Phillip E. Broadbent
1i S T
SPECIAL WARRANTY DEED
FOR VALUABLE CONSIDERATION, McCall Meridian LLC, an Idaho limited
liability company, Grantor, does hereby grant, bargain, sell and convey unto H.O.T. 1 LLLP, an
Iilaho limited liability limited partnership, whose current address is 3330 E Louise Drive,
Meridian, Idaho 83642, Grantee, all of the real property located in Ada County, Idaho described
on Exhibit A attached hereto;
TOGETHER WITH any and all easements, rights of way and access rights, all
water rights, and all other rights of every nature appurtenant to such real property (collectively,
the "Property").
TO HAVE AND TO HOLD the Property unto Grantee, and the successors, heirs
and assigns of Grantee forever. And Grantor does hereby covenant to and with Grantee, that it is
the owner in fee simple of the Property, that it is free from all liens and encumbrances created or
suffered by Grantor except those listed on Exhibit B attached hereto, and that it will WARRANT
and DEFEND unto Grantee, its successors and assigns, the title to the Property against all
persons who may lawfully claim the same by, through or under Grantor, except as to those
exceptions set forth on Exhibit B.
[signature on following page]
After recording, return to:
H.O.T. I LLLP
3330 E Louise Drive
Meridian, ID 83642
Attn: Phillip E. Broadbent
13p.�k,ao I ST
SPECIAL WARRANTY DEED
ELECTRONICALLY RECORDED
STAMPED FIRST PAGE NOW
INCORPORATED AS PART OF
THE ORIGINAL DOCUMENT.
FOR VALUABLE CONSIDERATION, McCall Meridian LLC, an Idaho limited
liability company, Grantor, does hereby grant, bargain, sell and convey unto H.O.T. 1 LLLP, an
Idaho limited liability limited partnership, whose current address is 3330 E Louise Drive,
Meridian, Idaho 83642, Grantee, all of the real property located in Ada County, Idaho described
on Exhibit A attached hereto,
TOGETHER WITH any and all easements, rights of way and access rights, all
water rights, and all other rights of every nature appurtenant to such real property (collectively,
the "Property").
TO HAVE AND TO HOLD the Property unto Grantee, and the successors, heirs
and assigns of Grantee forever. And Grantor does hereby covenant to and with Grantee, that it is
the owner in tee simple of the Property, that it is free from all liens and encumbrances created or
suffered by Grantor except those listed on Exhibit B attached hereto, and that it will WARRANT
and DEFEND unto Grantee, its successors and assigns, the title to the Property against all
persons who may lawfully claim the same by, through or under Grantor, except as to those
exceptions set forth on Exhibit B.
[signature on following page]
Dated: Auguste 2013
State of Arizona
County of Maricopa
GRANTOR:
McCALL MERIDIAN LLC,
an Idaho limited liability company
By: National Safe Harbor Exchanges, a California
corporation, Sole Member
By:
Dana R. Sobrado, Vice President
The foregoing instrument was acknowledged before me this August A, 2013 by
Dana R. Sobrado, Vice President of National Safe Harbor Exchanges, Sole Member of McCall
Meridian LLC, an Idaho limited liability company, on behalf of the corporation.
SOTARY PUBLIC
Print Name: -AnrieAe, Re.Pr�
My Commission Expires:
Annette Reed
NOTARY PUBLIC - ARIZONA
MARICOPA COUNTY
My Commission Expires
4 September 29, 2013
Exhibit A
Parcel I:
A parcel of land lying in the Northwest quarter of the Southeast quarter of Section 8, Township 3 North, Range 1 East, Boise Meridian,
Ada County, Idaho and more particularly described as follows:
Beginning at the brass cap marking the Southwest comer of the said Southeast quarter of Section 8; thence
North 0025'32" East,1362.73 feet along the Westerly boundary of the said Southeast quarter of Section 8 to an iron pin on the
Northerly right-of-way line of the Union Pacific Railroad, also said point being the Real Point of Beginning; thence continuing
North 0025'32" East, 450.00 feet along the said Westerly boundary of the Southeast quarter of Section 8 to an iron pin; thence
South 88°34'19" East, 968.00 feet along a line Northerly of and parallel to the said Northerly right-of-way line of the Union Pacific
Railroad to an iron pin; thence
South 0°25'32" West, 450.00 feet along a line Easterly of and parallel to the said Westerly boundary of the Southeast quarter of
Section 8 to an iron pin on the said Northerly right-of-way line of the Union Pacific Railroad; thence
North 88"34'19" West, 968.00 feet along the said Northerly right-of-way line of the Union Pacific Railroad to the Point of Beginning.
Excepting therefrom:
A parcel of land situate in the Southeast quarter of Section 8, Township 3 North, Range 1 East of the Boise Meridian, Ada County,
Idaho, said parcel being bounded and described as follows:
Beginning at a point on the West line of said Southeast quarter of Section 8, from which point the South quarter comer of said Section
bears
South 00025'32" West,1362.73 feet, said point also being on the Northerly right-of-way line of the Oregon Short Line Railroad
Company; thence along said West line
North 0002532" East, 450.00 feet; thence
South 88*34'19" East, 252.00 feet; thence
South 00°25'32" West, 450.00 feet to a point on the Northerly right-of-way line of said Railroad Company; thence along said right-of-
way line
North 88034'19" West, 252.00 feet to the Point of Beginning.
Parcel II:
A parcel of land situate in the Southeast quarter of Section 8, Township 3 North, Range 1 East of the Boise Meridian, Ada County,
Idaho, said parcel being bounded and described as follows:
Beginning at a point on the Northerly right-of-way line of the Oregon Short Line Railroad Company Main Line Tract, from which point
the South quarter comer of said Section 8 bears
North 88*34'19" West, 968.00 feet and South 00°25'32" West,1362.73 feet, said point also being the Southeast corner of that certain
parcel of land conveyed by Elixir Industries to Great Western Chemical Company of Portland, on September 13,1976, recorded as
Instrument No. 7640089 in the official records of Ada County, Idaho; thence
North 00°25'32" East, 450.00 feet to the Northeast comer of said Elixir to Great Western Chemical conveyance; thence
South 88034'19" East, 252.00 feet; thence
South 00°25'32" West, 450.00 feet to a point on the Northerly right-of-way line of said Railroad Company; thence along said right-of-
way line
North 88034'19" West, 252.00 feet to the Point of Beginning.
Parcel III:
A non-exclusive easement for ingress and egress as created by the Declaration of Covenants and Restrictions and Easement
Agreement recorded October 12, 1976 as Instrument No. 7640090, records of Ada County, Idaho, over the following property:
A 50 foot strip of land lying in the Southeast quarter of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho
and more particularly described as follows:
1 ,
Beginning at the brass cap marking the Southeast comer of the said Southeast quarter of Section 8; thence
North 1 °23'23" East,1748.75 feet along the Easterly boundary of the said Southeast quarter of Section 8, which is also the centerline
of Eagle Road, to a point, also said point being the Real Point of Beginning; thence continuing
North 1 °23'23" East, 50.00 feet along the said Easterly boundary of the Southeast quarter of Section 8 to a point; thence
North 88*34'19" West, 2601.44 feet along a line Northerly of and parallel to the Northerly right-of-way line of the Union Pacific Railroad
to an iron pin on the Westerly boundary of the said Southeast quarter of Section 8; thence
South 0025'32" West, 50.01 feet along the said Westerly boundary of the Southeast quarter of Section 8 to an iron pin; thence
South 88034'19" East, 2600.60 feet along a line Northerly of and parallel to the said Northerly right-of-way line of the Union Pacific
Railroad to the Point of Beginning.
EXHIBIT B
Taxes, including any assessments collected therewith, for the year 2013 which are a lien
not yet due and payable.
?. The Property is located within the boundaries of the City of Meridian and is subject to
any assessments levied thereby.
3. The Property is located within the boundaries of Nampa -Meridian Irrigation District and
is subject to any assessments levied thereby.
4. The Property is located within the boundaries of Settlers Irrigation District and is subject
to any assessments levied thereby.
5. Reservations and exceptions in a United States Patent, and in the act authorizing the
issuance thereof, recorded September 12, 1903 in Book 3 of Patents, at Page 274, records
of Ada County, Idaho.
0. Covenants, Conditions, and Restrictions, and, Easements but omitting covenants or
restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial
status, marital status, disability, handicap, national origin, ancestry, or source of income,
as set forth in applicable state or federal laws, except to the extent that said covenant or
restriction is permitted by applicable law.
Recorded: October 12, 1976
Instrument No.: 7640090
7. The tollowing matters, and any rights, easements, interests or claims as disclosed by
Record of Survey No. B 145 recorded June 27, 1974 as Instrument No. 7935063, records
of Ada County, Idaho: Right-of-way for Snyder Lateral and the rights of access thereto
for maintenance of said lateral.
X. An easement for the purpose described below, and rights incidental thereto as set forth in
a Sanitary Sewer Easement Permanent and Temporary granted to the City of Meridian,
Ada County, Idaho recorded November 5, 1998 as Instrument No. 98106543, records of
Ada County, Idaho: Right-of-way for an easement for the operation and maintenance of a
sewer line.
��. Record of Survey No. 4503 recorded January 6, 1999 as Instrument No. 99001613,
records of Ada County, Idaho.
1(). Record of Survey No. 4522 recorded January 26, 1999 as Instrument No. 99007545,
records of Ada County, Idaho.
11. Terms and provisions contained in a License Agreement by and between Nampa &
Meridian Irrigation District and McCall Properties LLC, a Washington limited liability
company dated March 6, 2012, recorded March 8, 2012 as Instrument No. 112021242,
records of Ada County, Idaho.
12. An easement for the purpose shown below and rights incidental thereto as set forth in an
Easement granted to Nampa & Meridian Irrigation District, recorded March 8, 2012 as
Instrument No. 1120221243, records of Ada County, Idaho: to deliver, convey and drain
irrigation and drainage water, to operate, clean, maintain and repair the Snyder Lateral
and to access the Snyder Lateral with such personnel and equipment.
()111991 00017 4831614vI
a`Fidelity National Title Insurance Company
POLICY NO.: iD2004-10-13226201-2013.27306-89564476
OWNER'S POLICY OF TITLE INSURANCE
Issued by
Fidelity National Title Insurance Company
Any notice ofclahn andany other notice or statement in writing required to be given the Company under this Policy must be given to ate Company at the ad-
dress shown in Section 18 ofthe Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS,
FIDELITY NATIONAL 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 oflnsurance, sustained or incurred by the Insured by reason of
L 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;
(ti) failure ofany person or Entity to have authorized a transfer or conveyance;
(itt) 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 ofattorney;
(vt) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means
authorized bylaw; or
(vit) a defective judicial or administrative proceeding.
(b) The lien ofreal estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid.
(e) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and
complete land survey ofthe Land. The term "encroachment" includes encroachments ofexistingimprovements located on the Land onto adjoining
land, and encroachments onto the Land ofexisting improvements located on adjoining land.
3. Unmarketable Title.
4. No right of access to andfrom •om the Land.
5. The violation or enforcement ofany 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 ofthe Land;
(b) the character, dimensions, or location ofany improvement erected on the Land;
(c) the subdivision of land; or
(d) environmental protection
ifa notice, describing anypart ofthe Land, is recorded in the Public Records setlingforth 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 ofthe rights ofeminent domain ifa 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. Titlebeing vested other than as stated Schedule A or being defective
(a) as a result ofthe avoidance in whole or in part, orfrom a court order providing an alternative remedy, ofa transfer ofall or mrypart ofthe 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
(it) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor.
27306 (6/06) ALTA Owner's Policy (6117/06)
10. Ai' 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 oftransfer 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.
IN WITNESS WHEREOF, FIDELITY NATIONAL TITLE INSURANCE COMPANY has caused this policy to be signed and sealed by its duly authorized officers.
Countersigned:
ID2004
I
Scott Thiel
Authorized Signatory
13226201
TitleOne Corporation
1101 W. River Street, Suite 201
Boise, ID 83702
Fidelity National' TWO- Insurance Company
3BAL �
ATrrsr
kcnuq
27306(6/06)
(6/17/06)
ALTA Owner's Policy
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses
that arise by reason of
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating
to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions or location of any improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l (a) does not modify or limit the coverage provided under
Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters:
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the
Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or
(e) resulting in loss or damage that would not have been sustained if the
Insured Claimant had paid value for the Title.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown
in Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of
recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
CONDITIONS
1. DEFINITION OF TERMS
(h) "Mortgage": Mortgage, deed of trust, trust deed, or other security in -
The following terms when used in this policy mean:
strument, including one evidenced by electronic means authorized by law.
(a) "Amount of Insurance": The amount stated in Schedule A, as may be
(i) "Public Records": Records established under state statutes at Date of
increased or decreased by endorsement to this policy, increased by Section
Policy for the purpose of imparting constructive notice of matters relating to
8(b), or decreased by Sections 10 and I I of these Conditions.
real property to purchasers for value and without Knowledge. With respect to
(b) "Date of Policy": The date designated as `Date of Policy" in Schedule
Covered Risk 5(d), "Public Records" shall also include environmental protec-
A.
tion liens filed in the records of the clerk of the United States District Court for
(c) "Entity": A corporation, partnership, trust, limited liability company, or
the district where the Land is located.
other similar legal entity.
0) "Title": The estate or interest described in Schedule A.
(d) "Insured": The Insured named in Schedule A.
(k) "Unmarketable Title": Title affected by an alleged or apparent matter
(i) The term "Insured" also includes
that would permit a prospective purchaser or lessee of the Title or lender on the
(A)successors to the Title of the Insured by operation of law as dis-
Title to be released from the obligation to purchase, lease, or lend if there is a
tinguished from purchase, including heirs, devisees, survivors, personal repre-
contractual condition requiring the delivery of marketable title.
sentatives, or next of kin;
2. CONTINUATION OF INSURANCE
(B) successors to an Insured by dissolution, merger, consolidation,
The coverage of this policy shall continue in force as of Date of Policy in
distribution, or reorganization;
favor of an Insured, but only so long as the Insured retains an estate or interest
(C) successors to an Insured by its conversion to another kind of En-
in the Land, or holds an obligation secured by a purchase money Mortgage giv-
tity;
en by a purchaser from the Insured, or only so long as the Insured shall have li-
(D) a grantee of an Insured under a deed delivered without payment
ability by reason of warranties in any transfer or conveyance of the Title. This
of actual valuable consideration conveying the Title
policy shall not continue in force in favor of any purchaser from the Insured of
(1) if the stock, shares, memberships, or other equity interests of
either (i) an estate or interest in the Land, or (ii) an obligation secured by a pur-
the grantee are wholly -owned by the named Insured,
chase money Mortgage given to the Insured.
(2) if the grantee wholly owns the named Insured,
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
(3) if the grantee is wholly -owned by an affiliated Entity of the
The Insured shall notify the Company promptly in writing (i) in case of any
named Insured, provided the affiliated Entity and the named Insured are both
litigation as set forth in Section 5(a) of these Conditions, (ii) in case
wholly -owned by the same person or Entity, or
Knowledge shall come to an Insured hereunder of any claim of title or interest
(4) if the grantee is a trustee or beneficiary of a trust created by
that is adverse to the Title, as insured, and that might cause loss or damage for
a written instrument established by the Insured named in Schedule A for estate
which the Company may be liable by virtue of this policy, or (iii) if the Title, as
planning purposes.
insured, is rejected as Unmarketable Title. If the Company is prejudiced by the
(ii) With regard to (A), (B), (C), and (D) reserving, however, all rights
failure of the Insured Claimant to provide prompt notice, the Company's liabil-
and defenses as to any successor that the Company would have had against any
ity to the Insured Claimant under the policy shall be reduced to the extent of
predecessor Insured.
the prejudice.
(e) "Insured Claimant": An Insured claiming loss or damage.
4. PROOF OF LOSS
(f) "Knowledge" or "Known": Actual knowledge, not constructive
In the event the Company is unable to determine the amount of loss or
knowledge or notice that may be imputed to an Insured by reason of the Public
damage, the Company may, at its option, require as a condition of payment that
Records or any other records that impart constructive notice of matters affect-
the Insured Claimant furnish a signed proof of loss. The proof of loss must Be-
ing the Title.
scribe the defect, lien, encumbrance, or other matter insured against by this pol-
(g) "Land": The land described in Schedule A, and affixed improvements
icy that constitutes the basis of loss or damage and shall state, to the extent
that by law constitute real property. The term "Land" does not include any
possible, the basis of calculating the amount of the loss or damage.
property beyond the lines of the area described in Schedule A, nor any right, ti-
5. DEFENSE AND PROSECUTION OF ACTIONS
tle, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes,
(a) Upon written request by the Insured, and subject to the options con -
ways, or waterways, but this does not modify or limit the extent that a right of
tained in Section 7 of these Conditions, the Company, at its own cost and with -
access to and from the Land is insured by this policy.
out unreasonable delay, shall provide for the defense of an Insured in litigation
27306 (6106)
ALTA Owner's Policy (6/17/06)
in which anj third party asserts a claim covered by this policy adverse to the
Insured. This obligation is limited to only those stated causes of action alleging
matters insured against by this policy. The Company shall have the right to se-
lect counsel of its choice (subject to the right of the Insured to object for rea-
sonable cause) to represent the Insured as to those stated causes of action. It
shall not be liable for and will not pay the fees of any other counsel. The Com-
pany will not pay any fees, costs, or expenses incurred by the Insured in the de-
fense of those causes of action that allege matters not insured against by this
policy.
(b) The Company shall have the right, in addition to the options contained
in Section 7 of these Conditions, at its own cost, to institute and prosecute any
action or proceeding or to do any other act that in its opinion may be necessary
or desirable to establish the Title, as insured, or to prevent or reduce loss or
damage to the Insured. The Company may take any appropriate action under
the terms of this policy, whether or not it shall be liable to the Insured. The ex-
ercise of these rights shall not be an admission of liability or waiver of any pro-
vision of this policy. If the Company exercises its rights under this subsection,
it must do so diligently.
(c) Whenever the Company brings an action or asserts a defense as re-
quired or permitted by this policy, the Company may pursue the litigation to a
final determination by a court of competent jurisdiction, and it expressly re-
serves the right, in its sole discretion, to appeal from any adverse judgment or
order.
6. DUTY OF INSURED CLAIMANT TO COOPERATE
(a) In all cases where this policy permits or requires the Company to prose-
cute or provide for the defense of any action or proceeding and any appeals, the
Insured shall secure to the Company the right to so prosecute or provide de-
fense in the action or proceeding, including the right to use, at its option, the
name of the Insured for this purpose. Whenever requested by the Company, the
Insured, at the Company's expense, shall give the Company all reasonable aid
(i) in securing evidence, obtaining witnesses, prosecuting or defending the ac-
tion or proceeding, or effecting settlement, and (ii) in any other lawful act that
in the opinion of the Company may be necessary or desirable to establish the
Title or any other matter as insured. If the Company is prejudiced by the failure
of the Insured to furnish the required cooperation, the Company's obligations
to the Insured under the policy shall terminate, including any liability or obliga-
tion to defend, prosecute, or continue any litigation, with regard to the matter
or matters requiring such cooperation.
(b) The Company may reasonably require the Insured Claimant to submit to
examination under oath by any authorized representative of the Company and
to produce for examination, inspection, and copying, at such reasonable times
and places as may be designated by the authorized representative of the Com-
pany, all records, in whatever medium maintained, including books, ledgers,
checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos
whether bearing a date before or after Date of Policy, that reasonably pertain to
the loss or damage. Further, if requested by any authorized representative of the
Company, the Insured Claimant shall grant its permission, in writing, for any
authorized representative of the Company to examine, inspect, and copy all of
these records in the custody or control of a third party that reasonably pertain to
the loss or damage. All information designated as confidential by the Insured
Claimant provided to the Company pursuant to this Section shall not be dis-
closed to others unless, in the reasonable judgment of the Company, it is neces-
sary in the administration of the claim. Failure of the Insured Claimant to
submit for examination under oath, produce any reasonably requested infor-
mation, or grant permission to secure reasonably necessary information from
third parties as required in this subsection, unless prohibited by law or govern-
mental regulation, shall terminate any liability of the Company under this poli-
cy as to that claim.
7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;
TERMINATION OF LIABILITY
In case of a claim under this policy, the Company shall have the following
additional options:
(a) To Pay or Tender Payment of the Amount of Insurance.
To pay or tender payment of the Amount of Insurance under this policy to-
gether with any costs, attorneys' fees, and expenses incurred by the Insured
Claimant that were authorized by the Company up to the time of payment or
tender of payment and that the Company is obligated to pay.
Upon the exercise by the Company of this option, all liability and obliga-
tions of the Company to the Insured under this policy, other than to make the
payvnent required in this subsection, shall terminate, including any liability or
obligation to defend, prosecute, or continue any litigation.
(b) To Pay or Otherwise Settle With Parties Other Than the Insured or With
the Insured Claimant.
(i) To pay or otherwise settle with other parties for or in the name of an
Insured Claimant any claim insured against under this policy. In addition, the
Company will pay any costs, attorneys' fees, and expenses incurred by the In-
sured Claimant that were authorized by the Company up to the time of payment
and that the Company is obligated to pay; or
(ii) To pay or otherwise settle with the Insured Claimant the loss or
damage provided for under this policy, together with any costs, attorneys' fees,
and expenses incurred by the Insured Claimant that were authorized by the
Company up to the time of payment and that the Company is obligated to pay.
Upon the exercise by the Company of either of the options provided for in
subsections (b)(i) or (ii), the Company's obligations to the Insured under this
policy for the claimed loss or damage, other than the payments required to be
made, shall terminate, including any liability or obligation to defend, prosecute,
or continue any litigation.
8. DETERMINATION AND EXTENT OF LIABILITY
This policy is a contract of indemnity against actual monetary loss or dam-
age sustained or incurred by the Insured Claimant who has suffered loss or
damage by reason of matters insured against by this policy.
(a) The extent of liability of the Company for loss or damage under this
policy shall not exceed the lesser of
(i) the Amount of Insurance; or
(ii) the difference between the value of the Title as insured and the val-
ue of the Title subject to the risk insured against by this policy.
(b) If the Company pursues its rights under Section 5 of these Conditions
and is unsuccessful in establishing the Title, as insured,
(i) the Amount of Insurance shall be increased by 10%, and
(ii) the Insured Claimant shall have the right to have the loss or damage
determined either as of the date the claim was made by the Insured Claimant or
as of the date it is settled and paid.
(c) In addition to the extent of liability under (a) and (b), the Company will
also pay those costs, attorneys' fees, and expenses incurred in accordance with
Sections 5 and 7 of these Conditions.
9. LIMITATION OF LIABILITY
(a) If the Company establishes the Title, or removes the alleged defect, lien
or encumbrance, or cures the lack of a right of access to or from the Land, or
cures the claim of Unmarketable Title, all as insured, in a reasonably diligent
manner by any method, including litigation and the completion of any appeals,
it shall have fully performed its obligations with respect to that matter and shall
not be liable for any loss or damage caused to the Insured.
(b) In the event of any litigation, including litigation by the Company or
with the Company's consent, the Company shall have no liability for loss or
damage until there has been a final determination by a court of competent ju-
risdiction, and disposition of all appeals, adverse to the Title, as insured.
(c) The Company shall not be liable for loss or damage to the Insured for
liability voluntarily assumed by the Insured in settling any claim or suit without
the prior written consent of the Company.
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION
OF LIABILITY
All payments under this policy, except payments made for costs, attorneys'
fees, and expenses, shall reduce the Amount of Insurance by the amount of the
payment.
11. LIABILITY NONCUMULATIVE
The Amount of Insurance shall be reduced by any amount the Company
pays under any policy insuring a Mortgage to which exception is taken in
Schedule B or to which the Insured has agreed, assumed, or taken subject, or
which is executed by an Insured after Date of Policy and which is a charge or
lien on the Title, and the amount so paid shall be deemed a payment to the In-
sured under this policy.
12. PAYMENT OF LOSS
When liability and the extent of loss or damage have been definitely fixed
in accordance with these Conditions, the payment shall be made within 30
days.
13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT
(a) Whenever the Company shall have settled and paid a claim under this
policy, it shall be subrogated and entitled to the rights of the Insured Claimant
in the Title and all other rights and remedies in respect to the claim that the In-
27306 (6/06) ALTA Owner's Policy (6/17/06)
sured Claimant has against any person or property, to the extent of the amount
of any loss, costs, attorneys' fees, and expenses paid by the Company. If re-
quested by the Company, the Insured Claimant shall execute documents to evi-
dence the transfer to the Company of these rights and remedies. The Insured
Claimant shall permit the Company to sue, compromise, or settle in the name
of the Insured Claimant and to use the name of the Insured Claimant in any
transaction or litigation involving these rights and remedies.
If a payment on account of a claim does not fully cover the loss of the In-
sured Claimant, the Company shall defer the exercise of its right to recover un-
til after the Insured Claimant shall have recovered its loss.
(b) The Company's right of subrogation includes the rights of the Insured
to indemnities, guaranties, other policies of insurance, or bonds, notwithstand-
ing any terms or conditions contained in those instruments that address subro-
gation rights.
14. ARBITRATION
Either the Company or the Insured may demand that the claim or contro-
versy shall be submitted to arbitration pursuant to the Title Insurance Arbitra-
tion Rules of the American Land Title Association ( "Rules"). Except as
provided in the Rules, there shall be no joinder or consolidation with claims or
controversies of other persons. Arbitrable matters may include, but are not lim-
ited to, any controversy or claim between the Company and the Insured arising
out of or relating to this policy, any service in connection with its issuance or
the breach of a policy provision, or to any other controversy or claim arising
out of the transaction giving rise to this policy. All arbitrable matters when the
Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of
either the Company or the Insured. All arbitrable matters when the Amount of
Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by
both the Company and the Insured. Arbitration pursuant to this policy and un-
der the Rules shall be binding upon the parties. Judgment upon the award ren-
dered by the Arbitrator(s) may be entered in any court of competent
jurisdiction.
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE
CONTRACT
(a) This policy together with all endorsements, if any, attached to it by the
Company is the entire policy and contract between the Insured and the Compa-
ny. In interpreting any provision of this policy, this policy shall be construed as
a whole.
(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 restricted to this policy.
(c) Any amendment of or endorsement t`o this policy must be in writing and
authenticated by an authorized person, or expressly incorporated by Schedule
A of this policy.
(d) Each endorsement to this policy issued at any time is made a part of this
policy and is subject to all of its terms and provisions. Except as the endorse-
ment expressly states, it does not (i) modify any of the terms and provisions of
the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy, or
(iv) increase the Amount of Insurance.
16. SEVERABILITY
In the event any provision of this policy, in whole or in part, is held invalid
or unenforceable under applicable law, the policy shall be deemed not to in-
clude that provision or such part held to be invalid, but all other provisions
shall remain in full force and effect.
17. CHOICE OF LAW; FORUM
(a) Choice of Law: The Insured acknowledges the Company has underwrit-
ten the risks covered by this policy and determined the premium charged there-
for 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 pol-
icy. In neither case shall the court or arbitrator apply its conflicts of law princi-
ples to determine the applicable law.
(b) Choice of Forum: Any litigation or other proceeding brought by the In-
sured 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
Fidelity National Title Insurance Company, Attn: Claims Department, P. 0.
Box 45023, Jacksonville, Florida 32232-5023.
27306 (6/06) ALTA Owner's Policy (6/17/06)
ALTA Owner's Policy (6117/06)
' TitleOne Corporation
Authorized Agent for:
TitleOne Fidelity National Title Insurance Company
a title & escrow co.
SCHEDULE A
Name and Address of Title Insurance Company: Fidelity National Title Insurance Company
601 Riverside Avenue, Building 5, 4th Floor
Jacksonville, FL 32204
File Number:13226201
Policy Number: 27306-89564476
Date of Policy: August 16, 2013 at 1:56PM
Amount of Insurance: $3,049,200.00
Premium: $7,572.00
Property Address Reference: 2805 E Commercial St, Meridian, ID 83642
1. Name of Insured:
H.O.T.1 LLLP
2. The estate or interest in the land that is insured by this policy is:
Fee Simple as to Parcels I and II;
Easement as to Parcel III.
3. Title is vested in:
H.O.T.1 LLLP, an Idaho limited liability limited partnership
4. The Land referred to in this policy is described as follows:
See Attached Schedule C
TitleOne Corporation
By: 4A
Scott Thiel, Authorized Signatory
ALTA Owner's Policy (6117/06)
SCHEDULE B
Exceptions from Coverage
File Number:13226201
Policy Number: 27306-89564476
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. Rights or claims of parties in possession not shown by the public records.
2. 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, and that is not shown by the Public Records.
3. Easements, or claims of easements, not shown by the public records.
4. Any lien, or right to a lien, for services, labor, or materials heretofore or hereafter furnished, imposed by law and not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims to title
to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records.
6. Taxes or special assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on
real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices to such proceedings
whether or not shown by the records of such agency, or by the public records.
7. Taxes, including any assessments collected therewith, for the year 2013 which are a lien not yet due and payable.
8. The land described herein is located within the boundaries of City of Meridian (208-888-4433) and is subject to any assessments levied thereby.
None are due and payable.
(Affects Parcels I, II and III)
9. The land described herein is located within the boundaries of Nampa -Meridian Irrigation District (208-466-7861) and is subject to any
assessments levied thereby. None are due and payable.
(Affects Parcels I, II and III)
10. The land described herein is located within the boundaries of Settlers Irrigation District (208-344-2471) and is subject to any assessments levied
thereby. None are due and payable.
(Affects Parcels I, II and III)
11. Reservations and exceptions in a United States Patent, and in the act authorizing the issuance thereof, recorded September 12.1903 in Book 3
of Patents, at Page 274, records of Ada County, Idaho.
(Affects Parcels I and 11)
12. Covenants, Conditions, and Restrictions, and, Easements but omitting covenants or restrictions, if any, based upon race, color, religion, sex,
sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable state or
federal laws, except to the extent that said covenant or restriction is permitted by applicable law.
Recorded: October 12,1976
Instrument No.: 7640090
(Affects Parcels I and 11)
13. The following matters, and any rights, easements, interests or claims as disclosed by Record of Survey No. B145 recorded June 27,1974 as
Instrument No. 7935063, records of Ada County, Idaho.
a.) Right-of-way for Snyder Lateral and the rights of access thereto for maintenance of said lateral. (Affects Parcel 1)
ALTA Owner's Policy (6/17106)
14. An easement for the purpose shown below and rights incidental thereto as set forth in a Sanitary Sewer Easement Permanent and Temporary.
Granted to: City of Meridian, Ada County, Idaho
Purpose: Right-of-way for an easement for the operation and maintenance of a sewer line
Recorded: November 5,1998
Instrument No.: 98106543
(Affects Parcel II)
15. Record of Survey No. 4503 recorded January 6,1999 as Instrument No. 99001613, records of Ada County, Idaho.
(Affects Parcel 11)
16. Record of Survey No. 4522 recorded January 26,1999 as Instrument No. 99007545, records of Ada County, Idaho.
(Affects Parcel 1)
17. Terms and provisions contained in a License Agreement by and between Nampa & Meridian Irrigation District and McCall Properties, LLC, a
Washington limited liability company.
Dated: March 6, 2012
Recorded: March 8, 2012
Instrument No:112021242
(Affects Parcels I and II)
18. An easement for the purpose shown below and rights incidental thereto as set forth in an Easement.
Granted to: Nampa & Meridian Irrigation District
Purpose: Deliver, convey and drain irrigation and drainage water, to operate, clean, maintain and repair the Synder Lateral and to access the Snyder
Lateral with such personnel and equipment
Recorded: March 8, 2012
Instrument No.:112021243
(Affects Parcels I and ll)
ALTA Owner's Policy (6117106)
SCHEDULE C
Legal Description
Parcel I:
A parcel of land lying in the Northwest quarter of the Southeast quarter of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County
Idaho and more particularly described as follows:
Beginning at the brass cap marking the Southwest corner of the said Southeast quarter of Section 8; thence
North 0025'32" East,1362.73 feet along the Westerly boundary of the said Southeast quarter of Section 8 to an iron pin on the Northerly right-of-way
line of the Union Pacific Railroad, also said point being the Real Point of Beginning; thence continuing
North 0025'32" East, 450.00 feet along the said Westerly boundary of the Southeast quarter of Section 8 to an iron pin; thence
South 88"34'19" East, 968.00 feet along a line Northerly of and parallel to the said Northerly right-of-way line of the Union Pacific Railroad to an iron
pin; thence
South 0025'32" West, 450.00 feet along a line Easterly of and parallel to the said Westerly boundary of the Southeast quarter of Section 8 to an iron
pin on the said Northerly right-of-way line of the Union Pacific Railroad; thence
North 88"34'19" West, 968.00 feet along the said Northerly right-of-way line of the Union Pacific Railroad to the Point of Beginning.
Excepting therefrom:
A parcel of land situate in the Southeast quarter of Section 8, Township 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho, said parcel
being bounded and described as follows:
Beginning at a point on the West line of said Southeast quarter of Section 8, from which point the South quarter corner of said Section bears
South 00"25'32" West,1362.73 feet, said point also being on the Northerly right-of-way line of the Oregon Short Line Railroad Company; thence
along said West line
North 00025'32" East, 450.00 feet; thence
South 88034'19" East, 252.00 feet; thence
South 00025'32" West, 450.00 feet to a point on the Northerly right-of-way line of said Railroad Company; thence along said right-of-way line
North 88034'19" West, 252.00 feet to the Point of Beginning.
Parcel II:
A parcel of land situate in the Southeast quarter of Section 8, Township 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho, said parcel
being bounded and described as follows:
Beginning at a point on the Northerly right-of-way line of the Oregon Short Line Railroad Company Main Line Tract, from which point the South
quarter corner of said Section 8 bears
North 88"34'19" West, 968.00 feet and South 00"2532" West,1362.73 feet, said point also being the Southeast corner of that certain parcel of land
conveyed by Elixir Industries to Great Western Chemical Company of Portland, on September 13,1976, recorded as Instrument No. 7640089 in the
official records of Ada County, Idaho; thence
North 00025'32" East, 450.00 feet to the Northeast corner of said Elixir to Great Western Chemical conveyance; thence
South 88034'19" East, 252.00 feet; thence
South 00025'32" West, 450.00 feet to a point on the Northerly right-of-way line of said Railroad Company; thence along said right-of-way line
North 88*34'19" West, 252.00 feet to the Point of Beginning.
Parcel III:
A non-exclusive easement for ingress and egress as created by the Declaration of Covenants and Restrictions and Easement Agreement recorded
October 12,1976 as Instrument No. 7640090, records of Ada County, Idaho, over the following property:
A 50 foot strip of land lying in the Southeast quarter of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho and more
particularly described as follows:
Beginning at the brass cap marking the Southeast corner of the said Southeast quarter of Section 8; thence
North 1 "23'23" East,1748.75 feet along the Easterly boundary of the said Southeast quarter of Section 8, which is also the centerline of Eagle Road,
to a point, also said point being the Real Point of Beginning; thence continuing
North 1 "23'23" East, 50.00 feet along the said Easterly boundary of the Southeast quarter of Section 8 to a point; thence
North 88034'19" West, 2601.44 feet along a line Northerly of and parallel to the Northerly right-of-way line of the Union Pacific Railroad to an iron pin
ALTA Owner's Policy (6117106)
on the Westerly boundary of the said Southeast quarter of Section 8; thence
South 0°25'32" West, 50.01 feet along the said Westerly boundary of the Southeast quarter of Section 8 to an iron pin; thence
South 88034'19" East, 2600.60 feet along a line Northerly of and parallel to the said Northerly right-of-way line of the Union Pacific Railroad to the
Point of Beginning.
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