CC - Warranty Deed Aft ADA COUN-Y RECORDER Christopher 0 Rich 2015-094798
I BOISEIDAHO Pgs=ILISABAT' 1011312D1504:37PM
PioneerT leC e
PIONEER TITLE COMPANY OF ADA COUNTY 570.00
60INC Efrp Np
1414 West Bannock Street
Boise.ID 43702
ELECTRONICALLY RECORDED-00 NOT
REMOVE THE COUNTY STAMPED FIRST
PAGE AS IT IS NOW INCORPORATED AS
PART OF THE ORIGINAL DOCUMENT
File No.579675 JB/MA
WARRANTY DEED
For Value Rcccived
Gregory Kirk Billon and Sheila I glen Bitton(formerly known as Sheila Ellen Kiidow)husband and wife
hereinafer referred to as Grantor.does hereby grant.bargain-sell,warrant and convey unto
\'ovenbrcwhiskv Properties,I.I.C.an Idaho limited partnership
hereinafter referred to as Grantee,whose,current address is 2092 Mozart Street Meridian.ID 93646
The folloNvinp described premises,to-Nit:
The Fast twenty feet of Lot 10 in Block 5 of Meridian I ownsitc.sccordinc to the imended plat
thereof filed in Book 1 of PiarS-at Paee 30.records of Ada County-Idaho
To HAVE AND TO HOLD the said premises,with their appurtenances unto the said Grantce(s),and
Grantces(s)heirs and assigns forever. And the said Grantors)does(do)hereby covenant to and with the
said Grantee(s)r the Grantor(s) is/are the mmer(s) iIl fee simple of said prctnises;that said premises are
free from all encumbrances EXCF-111-those to which this conveyattce is expressly made subject and those
made, suffered or done by the Grantcc(s); and suljjcct to U.S. Patent reservations, rests'ictions,
dedications,easements.rights of tvay and agreements,(if any)of record,:Ind current years taxes. levies.
and a Sgo';Smcnts, includes irription and utility ISSeSgrnenlF.(if any)which are not vet due and payable,
and that Grantor(s)will warrant and defend the same from all lawful claims whatsoever.
Dated: October 9, i
Gregory/Kirk Bit on
Sheila FS11cn Balton
State of IDAHO,County of ADA
On t1iis 9th day of October in the year of 2015.before Inc,Janet L.Bicsch.a Notary public in and for
said Slate,personally appeared Ger;ory Kirk Bitton and Sheila Ellen Bitton known or identified to me to
be the persons whose names are subscribed to the within instrument,and acknowledged to me that they
executed the same
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Janet L.BI'osch
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Residing at:Boise,Idaho 3�� .0 Q�
Commission Expires:0311 7/20 1 7 w a ov� a
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ADA COUNTY RECORDER Christopher D,Rich 2018.094330
RECORDATION REQUESTED BY: BOISE IDAHO Pgs=6 LISA BA—T i0fa412016 02:39 PM
IDAHO INDEPENDENT BANK MERIDIAN OFFICE 7174EoNE BOISE 54500
113 EAST IDAHO AVENUE
MERIDIAN,ID 83642
WHEN RECORDED MAIL TO:
IDAHO INDEPENDENT BANK
MERIDIAN OFFICE
113 EAST IDAHO AVENUE
MERIDIAN,ID 83642
SEND TAX NOTICES TO:
IDAHO INDEPENDENT BANK
MERIDIAN OFFICE
113 EAST IDAHO AVENUE
MERIDIAN ID 83642 SPACE ABOVE THIS LFNE IS FOR RECORDER'S U E O LY
DEED OF TRUST
THIS DEED OF TRUST is dated October 3, 2018, among NOVEMBREWHISKY PROPERTIES, LLC, AN IDAHO
LIMITED LIABILITY COMPANY, whose address is 6727 W USTICK RD, BOISE, ID 83704 ("Grantor"); IDAHO
INDEPENDENT BANK, whose address is MERIDIAN OFFICE, 113 EAST IDAHO AVENUE, MERIDIAN, ID 83642
(referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and TITLEONE CORPORATION, whose
address is 1101 W RIVER ST STE 201, BOISE,ID 83702(referred to below as "Trustee"),
CONVEYANCE AND GRANT. For valuable consideration.Grantor does hereby irrevocably grant,bargain,sell and convey in trust,with power of
safe,to Trustee for the benefit of Lender as Boneficiary,all of Grantor's right,title,and interest in and to the following described real property,
together with ail existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and
appurtenances:all water,water rights and ditch rights(including stock in utilities with ditch or irrigation rights):and atl other rights,rayatties,
and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real
Property")located in ADA County,State of Idaho:
THE:EAST 20 FEET OF LOT 10 IN BLOCK 5 OF MERIDIAN TOWNSITE, ACCORDING TO THE OFFICIAL PLAT
THEREOF,FILED IN BOOK 1 OF PLATS AT PAGE 30,OFFICIAL RECORDS OF ADA COUNTY,IDAHO
The Real Property or its address is commonly known as 140 E IDAHO AVE,MERIDIAN,ID 83642,
CROSS-COLLATERALIZATION, In addition to the Note,this Deed of Trust secures all obligations,debts and liabilities,plus interest thereon,of
Grantor to Lender,or any one at more of them, as well as all claims by Lender against Gramot or any one or more of them, whether now
existing or hereafter arising,whether reriated or unrelated to the purpose of the Note,whether voluntary or otherwise,whether due or not due,
direct or indirect,determined or undetermined,absolute or contingent,liquidated or un€iquidated,whether Grantor may be liable individually or
jointly with others,whether obligated as guarantor,surety,accommodation party or otherwise,and whether recovery upon such amounts may
be or hereafter may become barred by any statute of limitations,and whether the obligation to repay such amounts may be or hereafter may
become otherwise unenforceable.
Grantor presently assigns to Lender false known as Beneficiary in this,Teed of Trust)all of Grantor's right,title,and interest in and to all present
and future leases of the Property and all Rents from the Property, in addition,Grantor grants to Lender a Uniform Commercial Code security
interest in the Personal Property and Rents.
THISDEED OF TRUST,INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY,
IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLiGATiONS UNDER THE NOTE,
THE RELATED DOCUMENTS.AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FULLOMNG TERMS:
PAYMENT AND PERFORMANCE, Except as otherwise provided in this Deed of Trust,Grantor shall pay to Lender all amounts secured by this
Deed of Trust as they become due,and shall strictly and in a timely manner perform all of Grantor's obligations under the Note,this Deed of
Trust,and the Related Documents.
POSSESSION AND MAINTENANCE OF THE PROPERTY- Grantor agrees that Grantor's possession and use of the Property shall be governed by
the following provisions:
Possession and Use. Until the occurrence at an Event of Default.Grantor may (I I remain in possession and Control of the Property; (2)
use, operate or manage the Property; and (3) collet;the Rents from the Property. The fo€towing provisions relate to the use of the
Property or to other limitations on the Property. THE REAL PROPERTY IS NOT MORE THAN EIGHTY (80) ACRES AND IS NOT
PRINCIPALLY USED FOR THE AGRICULTURAL PRODUCTION OF CROPS,LIVESTOCK,DAIRY OR AQUATIC GODDS,OR IS NOT MORE
THAN FORTY(40)ACRES REGARDLESS OF USE,OR IS LOCATED WITHIN AN INCORPORATED CITY OR VILLAGE.
Duty to Maintain. Grantor shad maintain the Property in tenantable condition and promptly perform all repairs, replacements, and
maintenance necessary to preserve its value.
Compliance With Environmental Laws- Grantor represents and warrants to Lender that- It) During the period of Grantor's ownership of
the Property,there has been no use,Reneratior,manufacture,storage,treatment,disposal,release or threatened release of any Hazardous
Substance by any person on,under.about or from the Property; 121 Grantor has no knowledge of,or reason to believe that there has
been.except as previously disclosed to and acknowledged by Lender in writing, le) any breach or vio€alien of any Environmental Laws,
M any use,generation,manufacture,storage.treatment.disposal,release or threatened release of any Haaerdovs Substance on,under,
about or from the Property by any prior owners or occupants of the Property,or (c) any actual or threatened litigation or claims of any
kind by any person relating to such matters;and M) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither
Grantor nor any tenant,contractor,agent or other authorized User of the Property shall use,generate,manufacture,store,Treat,dispose of
or release any Hazardous Substance on,under,about or from the Property;and IN any such activity shad be conducted in compfiance
with all applicable federal,state,and local laws,regulations and ordinances,including without limitation all Environmenta(Laws. Grantor
authorizes Lender and its agents to enter upon the Property To make such inspections and tests,at Grantor's expense,as Lender may deem
appropriate to determine compliance of the Property with this section of the Deed of Trust. Any inspections or tests made by Lender shall
be for Lender's purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Grantor or to any
other person. The representations and warranties contained herein are based on Grantor's dve diligence in investigating the Property for
Hazardous Substances. Grantor hereby 11) releases and waives any future claims against Lender for indemnity or contribution in the
event Grantor becomes i;able for cleanup or other costs under any such laws; and (2) agrees to indemnify,defend,and hold harmless
Lender against any and all claims, losses,liabilities,damages,penalties,and expenses which Lender may directly or Indirectly sustain or
suffer resulting from a breach of this section of-fie Deed of Trust or as a consequence of any use,generation, manufacture, storage,
disposal,release or threatened release occurring prior to Grantor's ownership or interest in the Property,whether or not the same was or
should have been known to Grantor. The provisions of this section of the Deed of Trust,including the obligation to indemnify and defend,
shall survive the payment of the Indebtedness and the satisfaction and reconveryance of the lien of this Deed of Trust and shall rot be
affected by Lender's acquisition of any interest in The Property,whether by foreclosure or otherwise.
Nuisance,waste. Grantor shall not cause,conduct or permit any nuisance nor commit,permit,or suffer any stripping of or waste an or to
the Property or any portion of the Property, Without limiting the generality of the foregoing.Grantor will not remove,or grant to any other
party the right to remove,any timber,minerals{including oil and gas),coal.clay,scoria,soil,gravel or rock products without Lender's prior
written consent.
Rernovai of Improvements. Grantor shall not demolish or remova any Improvements from the Real Property without Lender's prior written
consent. As a condition to the removal of any Improvements,Lender may require Grantor to make arrangements satisfactory to Lender to
replace such Improvements with Improvements of at least equal value.
DEED OF TRUST
Loan No:570007344 (Continued) Page 6
chemical or infectious characteristics, may cause or past a present or potential hazard to human heath or the environment when
improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handed. The wards "Hazardous
Substances" are used in their very broadest sense and include without limitation any and all hazardous or toxic substances,materials or
waste as defined by or listed under the Environmental Laws. The term"Hazardous Substances"also includes,without limitation,petroleum
and petroleum by-products or any fraction thereof and asbestos.
Improvements. The word"Improvements"means all existing and future improvements,but#dings,structures,mobile homes affixed on the
Real Property,faCAities,additions,replacements and other construction on the Real Property.
Indebtedness. The word"Indebtedness-means all Principal, interest,and other amounts,costs and expenses payable under the Note or
Related Documents, together with all renewals of, extensions of, modifications of, Consolidations of and substitutions for the Note Or
Related Documents and any amounts expended or advanced by 4ender to discharge Grantor's obligations or expenses incurred by Trustee
or Lender to enforce Grantor's obligations under this Deed of Trust,together with interest on such amounts as provided in this Deed of
Trust. Specifically, without limitation. Indebtedness includes all amounts that may be indirectly secured by the Cross.Colfateralization
provision of this Deed of Trust.
Lender. The word"Lender"means IDAHO INDEPENDENT BANK,its successors and assigns.
Nate. The ward"Note"means the promissory note dated October 3,2018,in the original principal amount of$121,326-63
from Grantor to Lender,together with all renewals of,extensions Of,modiflcations of,refinancings of,consolidations of,and substitutions
for the promissory note or agreement.NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE.
Personal Property. The words"Personal property" mean all equipment,fixtures,and other articles of personal property now or hereafter
owned by Grantor,and now or hereafter attached or affixed to the Real Property;together with ail accessions,parts,and additions to,ail
replacements of,and all substitutions tor,any of such property;end together with all proceeds)including without limitation all insurance
proceeds and refunds of premiums)from any sale or other disposition of the Property.
Property. The word"Property"means eotlectively the Real Property and the Personal Property.
Real Property. The words"Real Property"mean the real property,interests and rights,as further described in this peed of Trust.
Related Documems. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, security
agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents,
whether now or hereafter existing,executed in connection with the indebtedness; except that the words do not mean any guaranty or
environmental agreement,whether now cr hereafter existing,executed in connection with the Indebtedness.
Rents. The word"Rents'means all present and future rents,revenues,income,issues,royalties,profits,and other benefits derived from
the Property.
Trustee. The word"Trustee"means TITLEONE CORPORATION,whose address is T 101 W RIVER ST STE 207,BOISE,ID 83702 and any
substitute or successor trustees.
GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST,AND GRANTOR AGREES TO ITS TERMS.
GRANTOR:
I
N BREY@HISK OPE IES.LLC
By:
JOSHUA A EVARTS, Managing Member of
NOVEMBREWHfSKY PROPERTIES,LLC
LIMITED LIABILITY COMPANY ACKNOWLEDGMENT
STATE OF Z• ��., __ 1
)SS
COUNTY OF., Ea_�� I
{C�
This record was acknowledged before me on _ �3Q:C ,20 by JOSHUA A EVARTS,Managing Member
of NOVEMBREWHI51iY PROPERTIES.LLC, an Idaho Limited Liability Company. and NOVEMBREVVHISKY PROPERTIES, LLC, an Idaho Limited
Liability Company,is the mailer of the foregoing record.
CLAY HAYLETT C' /� _
COMMISSION NO.63609 Notary Public En�and for the Si to of
NOTARY PUBLIC
STATE OF IDAHO My commission expires t!
REQUEST FOR FULL RECONVEYANCE
(To be used only when obligations have been paid in full)
To: .Trustee
The undersigned is the legal owner and holder of all Indebtedness secured by this Deed Of Trust. All sums secured by this Deed of Trust have
been fully paid end satisfied. You are hereby directed,upon payment to you of any sums awing to you under the terms of this Deed of Trust or
pursuant to any applicable statute,to cancel the Note secured by this Deed of Trust(which is delivered to you together with this Deed of Trust),
and to reconvey,without warranty,to the patties designated by the toms of this Deed of Trust,the estate now held by you under this Deed of
Trust. Please mail the reconveyance and Related Documents to:
Date- Beneficiary:
By:
Its:
Laserpro,Ver.18.2.0,027 Copr.Finastra USA Corporation 1997,2016. A€I Rights Reserved. ID CCFgLPL1G07.FC TR-43478 PR 14