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PZ - Warranty Deeds A AD COUNTY RECORDER J. DAVID NAVARRO AMOUNT 9.00 3 OOISE IDAHO 020108 04:24 PM DEPUTY Patti Thompson RECORDED — REQUEST OF 108032144 LandAmerica Transnation Title Transnation Order No . : 1061024 - tr WARRANTY DEED FOR VALUE RECEIVED Christ T. Troupis and Maureen D . Troupis, husband and wife, and D . Scott Summer and Charlotte Summer, husband and wife GRANTOR( s ) , does ( do ) hereby GRANT, BARGAIN , SELL AND CONVEY unto : TTS Developments, LLC, a Limited Liability Company GRANTEES ( s ) , whose current address is : 745 N . Ralstin St. , Meridian, ID 83642 the following described real property in Ada County, State of Idaho , more particularly described as follows, to wit : SEE ATTACHED EXHIBIT " A " TO HAVE AND TO HOLD the said premises , with their appurtenances unto the said heirs and assigns forever . And the said Grantor( s ) does ( do ) hereby covenant to and with the 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 that Grantor( s ) will warrant and defend the same from all lawful claims whatsoever. Dated thiscZDday of March , 2008 A ( V�NTS� C ris T. Troupis Maureen D . Troupis Scott Summer Aarlto Summer Order No . 1061024-tr Deed -Warranty 3/20/08 10 : 18 AM Order No , 1061024-tr State of Idaho County of On thin::; day of March , 2008 , before me the undersigned , a Notary Public in and for said state , personally appeared Christ T . Troupis and Maureen D . Troupis known or identified to me to be the persons whose names are subscribed to the within instrument and ac owledged to me that they executed the same . °p6q ➢ ia0 ➢ ➢ IID 000 ` p Y A o 'PF °o Notary ublic N4 me : ° o�� 0 Residin at TOWAA• REEVES y�ebne-�ate e{ ! 41 mission Expires : ao.;ernylnMeridian o r ° GQ o e - My Corm es on Expf<ae ApAt 20, 2o1 ^ L 1 C o 0 0o°°° °OO 000 ° °°° Op State of Idaho °° °D aq ° °pf D AKQ➢➢ ➢ ➢ ➢ oaa°° ° County of On this4o day of March , 2008 , before me the undersigned , a Notary Public in and for said state , personally appeared D . Scott Summer and Charlotte Summer known or identified to me to be the persons whose names are subscribed to the within instrument and ackno ledged to me that they executed the same . � °000y6aaaao ➢ Do➢D Dp - °°° SY A q A°0°° Notary u is Nam O Residin TONYAA• REEVES o ° Nn � ° �4 0 ry ubiic. State ot IL o° o Cn --M� ommission Expires : �siaee� e ° o 'Q,t. o V O � O My Commission Expires Apol 20. 2010 e ° > � A o ° °� LIC ° i .7 °° °O i• o °° DF I D A�� °pOfIIeII➢ on ➢ aa °p0o° i it i I Order No . 1061024 -tr Deed-Warranty 3/ 19/08 4 : 31 PM I Order No . 1061024 -tr EXHIBIT " A" N Beginning at the Southeast corner of the Northeast quarter of the Northeast quarter of Section 18 , Township 3 North , Range 1 East, Boise Meridian , Ada County , Idaho , which is South along the East side of said Section 18 and along the center line of Locust Grove Road , 1 , 329 . 2 feet from a bronze cap marking the Northeast corner of said Section 18 ; thence South 89011 1 / 2 ' West along the South side of the Northeast quarter of the Northeast quarter of said Section 18 , a distance of 438 . 7 feet to a steel pin ; thence North 0055 ' East , 149 . 0 feet to a steel pin ; thence North 89011 1 / 2 ' East , 436 . 3 feet to a steel pin ; thence South 149 . 0 feet along the East side of said Section 18 to the REAL POINT OF BEGINNING . Except that portion conveyed to ACHD by Warranty Deed recorded August 20 , 2003 as Instrument No . 103141561 , records of Ada County, Idaho . I Initials ✓JnG Initials I Order No. 1061024-tr Deed-Warranty 3/19/08 4 : 31 PM Project Name: locust Grove Road, Bentley to Franklin Road Project No.: 603012.0 RiW Parcel No. : 11 ADA COUNTY RECORDER J . DAVID NAVARRO 4 T3N., R1E., Section 18 BOISE IDAHO 08120/03 04:25 PM DEPUTY Jamie Parsons RECORDED — REQUEST OF Alliance Title 103141561 AMOUNT 12.00 0169�4c;/73 (Reserved for Ada County Recorder) WA�I:]FZANTY DEED THIS INDENTURE, made this —1-�1— day of , 2003, between D . SCOTT SUMMER and CHARLOTTE SUMMER, husband an wife and CHRIST T. TROUPIS and MAUREEN D. TROUPIS, husband and wife, the "GRANTOR", and ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate of the State of Idaho, the "GRANTEE" ; WITNESSETH : FOR VALUE RECEIVED, the GRANTOR has granted, conveyed, bargained and sold, and does hereby grant, bargain, sell, convey and confirm to the GRANTEE and its successors and assigns forever, that certain real property situated in the COUNTY OF ADA, STATE OF IDAHO, more particularly described on Exhibit "A ' attached hereto and by this reference made a part hereof, TOGETHER with all and singular the buildings, structures, improvements and fixtures thereto, the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, the reversion and reversions, remainder and remainders, and rents, issues and profits thereof (the "Premises„ Subject to those exceptions to GRANTOW s title as are set forth on Exhibit "B" attached hereto and by this reference made a part hereof SUBJECT TO those exceptions to title to which this conveyance is expressly made subject and those made, suffered or done by the GRANTEE: (a) the GRANTOR covenants to the GRANTEE, its successors and assigns, that the GRANTEE shall enjoy the quiet and peace€ul possession of the Premises; and (b) GRANTOR warrants to the GRANTEE, its successors and assigns, that GRANTOR is the owner of said Premises in fee simple and has the right and authority to convey the same to GRANTEE, and GRANTOR will defend the GRANTEE' s title from all lawful claims whatsoever. Warranty Deed , page 1 ( 10r27ro1 ) G1Deeds and Easemerft\Par No 11 WD TrouDis a Summer.doc The current address of the GRANTEE is: Ada County Highway District 318 East 37th Street Garden City, Idaho 83714-6499 IN WITNESS WHEREOF, this WARRANTY DEED has been duly executed by and on behalf of the GRANTOR, the day, month and year herein first above written. D SUNIl1� By- CHARLOTTE SUM IIR By: - CHRIST T . TR?OUPIS By: ZL MAUREEN D. TROUP State of Idaho ) ss. County of Ada) On this day of 2003 , before me, a Notary Odblic m and for the State of Idaho, personally a eared D . SCOTT SUMMER and CHARLOTTE SUMMER, husband and wife, and CHRIST T. TROUPIS and MAUREEN D . TROUPIS, husband and wife the persons who executed this who executed the foregoing instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and yA*,te first above written. ��C • * Notary Public or the State o o a Residing at , ,,CdJW1AJL Idaho p My Commission expires ID Warranty De�tfl ( 10/27/01 ) G:1Deeds and EasemwtslPar No 11 WD Trouois & Stwwwxioc Ada County Highway District Project No. 602012. 0 Locust Grove Road (Central/Bentley to Franklin) Parcel 11 • Right-oPWay Take Description A parcel located in the NE V4 of the NE '/4 of Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho , more particularly described as follows . BEGINNING at a 518 inch diameter iron pin marking the southeasterly corner of said NE % of the NE '/4 from which a brass cap monument marking the northeasterly comer of said NE %a of the NE '/4 bears N 09I ' 11 " E a distance of 1329. 5 8 feet; Thence N 09I ' 11 E along the easterly boundary of said NE '/4 of the NE V4 a distance of 149. 00 feet to a point; Thence leaving said easterly boundary S 89*39' 19" W a distance of 48 . 01 feet to a point; Thence S 091 ' lI " W a distance of 149 . 00 feet to a point on the southerly boundary of said NE V4 of the NE '/4; Thence N 89039 ' 19" E along said southerly boundary a distance of 48 . 01 feet to the POINT OF BEGINNING. This parcel contains 0 . 164 acres (7, 152 square feet) and is subject to any easements existing or in use. Said parcel contains 0 . 086 acres (3 ,725 square feet) of existing Locust Grove Road prescriptive right-of--way. Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated ERED May 22, 2002 coal) Xho5M Project No. 603012. 0 EXHIBIT `B" Locust Grove Road, Bentley to Franklin Rd. Par No . I I 1 . General Taxes for the year 2003 , a Lien but not yet due and payable . 2 . Easement, and the Terms and Conditions thereof In Favor of IDAHO POWER COMPANY, A CORPORATION Recorded AUGUST 16, 1965 Instrument No. 618941 3 . Agreement, and the Terms and Conditions contained therein Between CITY OF MERIDIAN and SNORTING BULL INVESTMENTS, LLC Recorded JANUARY 27, 2000 Instrument No. 100006603 Purpose DEVELOPMENT AGREEMENT 4. Right of way for LOCUST GROVE ROAD. ADA COUNTY RECORDER J . DAVID NAVARRO 1 BOISE IDAHO 01103/03 04:15 PM DEPUTY Bonnie Oberbillig RECORDED - REQUEST OF �II � 1IfI� IIt ( ftI �II � IIf1IIlItIfII IIII Title One AMOUNT 3.00 103#001115 Aoa) 3 5A �t19P QUITCLAIM DEED FOR VALUE RECEIVED, MAUREEN TROUPIS , wife of the Grantee herein does hereby convey, release, remise and forever quit claim unto CHRIST TROUPIS, her husband as his sole and separate property whose current address is : 1406 No. Main Street, Meridian, ID 83642 the following described premises: Beginning at the Southeast corner of the Northeast Quarter of the Northeast Quarter of Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, which is South along the East side of said Section 18 and along the center line of Locust Grove Road, 1329 .2 feet from a bronze cap marking the Northeast corner of said Section 18 ; thence South 89° 11 112' West along the South side of the Northeast Quarter of the Northeast Quarter of said Section 18 a distance of 438 .7 feet to a steel pin; thence North 0055' East I49.0 feet to a steel pin; thence North 89011 1/2' East 436.3 feet to a steel pin; thence South 149 .0 feet along the East side of said Section 18 to the REAL POINT OF BEGINNING . TO HAVE AND TO HOLD the said premises, unto the said grantees, heirs and assigns forever. Date: December a 7 2002 k�AaV�� Maureen Troupis State of Idaho ) County of �>�- j ss: On this ZTday of December 2002 before me, the undersigned a Notary Public in and for said state personally appeared Maureen Troupis known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she execut the same. IN SS EOF I haye set my hand and official seal on digte shown above. 4!7 .•°° N14N G. •••. otary Public i►` . ' ' •a -ye . Residing at: 'f ; N G 7 9. •: t Commission Expires. s� • Op 8445561ASL So* ADA COUNTY RECORDER ECORDER J. DAVID NAVARRO 1 BOISE IDAHO 01/03/03 04 :15 PM DEPUTY Bonnie Oberbillig QcrnQnrn _ DMICCTnc ni n .rna �n �euuniuin► ni n � we Title Qne """"� ' v' fi ! I l fl if f 11 l if l if l l fl l 11 l ff l 11 !f f llf AMOUNT 3.nn 103001114 AD .130500f -5 5r/ � QUITCLAIM DEED FOR VALUE RECEIVED, CHARLOTTE SUMMER, wife of the Grantee herein does hereby convey, release, remise and forever quit claim unto D. SCOTT SUMMER, her husband as his sole and separate property whose current address is: 1406 No . Main Street, Meridian, ID 83642 the following described premises: Beginning at the Southeast corner of the Northeast Quarter of the Northeast Quarter of Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, which is South along the East side of said Section 18 and along the center Iine of Locust Grove Road, 1329.2 feet from a bronze cap marking the Northeast comer of said Section 18; thence South 89' 11 1/2' West along the South side of the Northeast Quarter of the Northeast Quarter of said Section 18 a distance of 438 .7 feet to a steel pin; thence North 0055' East 149 .0 feet to a steel pin; thence North 89011 1 /2' East 436.3 feet to a steel pin; thence South 149 .0 feet along the East side of said Section 18 to the REAL POINT OF BEGINNING . TO HAVE AND TO HOLD the said premises, unto the said grantees, heirs and assigns forever. 1331f December 'r , 2002 l ZA JO Charlotte Summer State of Idaho ) � ) County of ) ss: On this , day of December 2002 before me, the undersigned a Notary Public in and for said state personally appeared Charlotte Summer known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she execu the same. . ,. . .re+� IN SS WHEREOF I have set my hand and offic 6i90 the i'�t�•�hown above. .� Notary Public .•` }10TAr Y Residing at: (k1,6 • S '� Commission Expires lop •''•.� 6 OF 1D4p ••° ADA COUNTY RECORDER J . DAVID NAVARRO 2 BOISE IDAHO 01/03/03 04 : 15 PM DEPUTY Bonnie Oberbillig t i RECORDED — REQUEST OF Title One AMOUNT 6 .00 Order No. . A0213529 WARRANTY DEED FOR VALUE RECEIVED , O'NEILL HOMES LLC, an Idaho limited liability company formerly known as OEI Homes, L. L. C . , the Grantor, does hereby grant, bargain sell and convey unto CHRIST TROUPIS and D . SCOTT SUMMER, D/B/A TROUPIS & SUMMER whose current address is 385 So . Locust Grove Avenue, Meridian, ID 83642, the Grantees, the following described premises, in Ada County, Idaho, TO WIT : Beginning at the Southeast corner of the Northeast Quarter of the Northeast Quarter of Section 18 , Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, which is South along the East side of said Section 18 and along the center line of Locust Grove Road, 1329 .2 feet from a bronze cap marking the Northeast corner of said Section 18 ; thence South 89' 11 1 /2' West along the South side of the Northeast Quarter of the Northeast Quarter of said Section 18 a distance of 438 .7 feet to a steel pin; thence North 0055 ' East 149 . 0 feet to a steel pin; thence North 89' 11 1 /2 ' East 436 .3 feet to a steel pin; thence South 149 .0 feet along the East side of said Section 18 to the REAL POINT OF BEGINNING . TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, their heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantees, that it is the owner in fee simple of said premises; that they are free from all encumbrances EXCEPT: Subject to all existing patent reservations, easements, right(s) of way, protective covenants , zoning ordinances, and applicable building codes, laws and regulations, general taxes and assessments, including irrigation and utility easements (if any) for the current year, which are not due and payable, and that Grantor will warrant and defend the same from all lawful claims whatsoever. Dated : January 3 , 2002 O'NEILL HOMES LVC, an Idaho limited liability company By: eill Enterpris LLC , an Idaho limited liability company, Member By: _ Denck O 'Neill, Manager f State of Idaho ) } ss. County of Ada ) On this,3/tv day of January 2003 before me, the undersigned, a Notary Public in and for said State of Idaho, personally appeared Derick O ' Neill known or identified to me to be the Manager of O 'Neill Enterprises LLC, the limited liability company that executed the within instrument as a Member of O'NEILL HOMES LLC and acknowledged to me that he executed the same for and on behalf of said O ' Neill Enterprises LLC and that such O 'Neill Enterprises LLC executed it on behalf of ONEILL HOMES LLC and that such ONEILL HOMES LLC executed it. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. 7TAp 6otary ublic for Idaho ` k Residing at: e 0/ i e. My Commission Expires./ (1 6 Y . °o0eeeaoonaoeb�' ADA COUNTY RECORDER J . DAVID NAVARRO 1 BOISE IDAHO 01113103 09:43 AM DEPUTY Joanne Hooper ` +f RECORDED — REQUEST OF �� � � � 1� �! l11 � �1 � 11IIIIIIIIIIIIIIiI IiI TROUPiS & SUMMER LAW AMOUNT VP 103005514 QU 17CLA K �yr FOR VALUE RECEIVED, D. SCOTT SUMMER, herein does hereby convey, release, remise and forever quitclaim unto D. SCOTT SUMMER and CHARLOTTE SUMIWT , husband and Wife, as community property, all of his right, title and interest in and to the following described premises: Beginning at the Southeast comer of the Northeast Quarter of the Northeast Quarter of Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, which is South along d the East side of said Section 18 and along the center line of Locust Grove Road, 1329.2 feet from a bronze cap marking the Northeast comer of said Section 18 ; thence South 89' 11 1/2' West along the South side of the Northeast Quarter of the Northeast Quarter of said Section 18 a distance of 438. 7 feet to a steel pin; thence North 0 55 ' East 149. 0 feet to a steel pin; thence North 890 11 1/2' East 436 . 3 feet to a steel pin; thence South 149. 0 feet along the East side of said Section 18 to the REAL POINT OF BEGINNING. TO HAVE AND TO HOLD the said premises, unto the said grantees, heirs and assigns forever. Dated: mber 2 02. D. tt Summer State of Idaho ) ss: County of Ada } On this 27`h day of December, 2002, before me, the undersigned Notary Public in and for said state personally appeared D . Scott Summer known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF I have set my hand and ofci�joa 't3n #}3p date shown above. Otary Public Residing at: Commission Expire . (5" Q : Y 'Fs.•• nal c �/ ADA COUNTY RECORDER J . DAVIDNfrWRO-- - BOISE IDAHO 01113103 09: 43 AM DEPUTY Joanne Hooper f [ RECORDED — REQUEST OF TROUPIS & SUMMER LAID' AMOUNT 3 O0 QUITCLAIM DEED FOR VALUE RECEIVED, CHRIST T. TROUPIS, herein does hereby convey, release, remise and forever quitclaim unto CHRIST T. TROUPIS and MAUREEN D. TROUPIS, husband and wife, as community property, all of his right, title and interest in and to the following described premises: Beginning at the Southeast corner of the Northeast Quarter of the Northeast Quarter of Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, which is South along the East side of said Section 18 and along the center line of Locust Grove Road, 1329.2 feet from a bronze cap marling the Northeast corner of said Section IS; thence South 89' 11 1/2 ' West along the South side ofthe Northeast Quarter of the Northeast Quarter of said Section 18 a distance of 43 8 . 7 feet to a steel pin; thence North 0 55 ' East 149.0 feet to a steel pin; thence North 89 " 11 1/2' East 436 . 3 feet to a steel pin; thence South 149. 0 feet along the East side of said Section 18 to the REAL POINT OF BEGINNING. TO HAVE AND TO HOLD the said premises, unto the said grantees, heirs and assigns forever. Dated.: December 27, 2001 � 1 7 C ist T. Troupis State of Idaho ) } ss: County of Ada } On this 27` ' day of December, 2002 , before me, the undersigned Notary Public in and for said state personally appeared Christ T. Troupis known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same_ IN WITNESS WHEREOF I have set my hand and officiq1stai't?&4* date shown above. n. , . , .. A;;;076400 Q r � a Notary f,Public t: 6�Residingat: Commission Expires: i S vn A Pioneer Ca n wy PIONEER TITLE COMPANY OF ADA COUNTY 821 West State Street / Boise, Idaho 83702-5836 / Telephone (209) 336-6700 QUITCLAIM DEED For Value Received SNORTING BULL INVESTMENTS, LLC do hereby convey, release, reprise and forever quit claim unto OEI HOMES, L.L.C. AN IDAHO LIMITED LIABILITY COMPANY whose address is 100 N. 9TH, SUITE 300 , BOIE, ID . 83702 the following described premes,is to-wit: Pt��EF� � ADA COUNTY RECORDER RECDRDED - REOUE T C J. DAV,D NAVARRO SEE ATTACHED EXHIBIT "A" p?iSF. ((lgir0 FELL DEP 2008A27 p11 1{ : 3G 10 ppp6755 together with their appurtenances. Dated: January 26, 2000 DERICK O ' NEML ACKNOWLEDGEMENT — Limited Liability Company STATE OF Idaho County of Arin ss . On this day of January in the year of 20pN before me the' undersigned a notary public , personally appeared Derick: O ' Neill known or identified to be 1 of the member ( s ) lmanager ( s ) in a limited liability company , of Snortin and the member ( s ) managers ) who subscribed said limited liability company name to the foregoing instrument , and acknowledged to me that lie executed the same in said limited liability company nam . . Notary Publu ++ � ,. •, �a �� Residing at : Boi tit1 , ;a : My Commission Expires : 8- 15-2002 .,• OF lD +++ • •••••iliii9{{{ File Number : P187517 EXHIBIT "A" The land referred to in this Commitment is described as follows : BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER NORTHEAST QUARTER OF SECTION 18 , TOWNSHIP 3-NORTH , RANGE 1 EAST , BOISE MERIDIAN , ADA COUNTY , IDAHO , WHICH IS SOUTH ALONG THE EAST SIDE OF SAID SECTION 18 AND ALONG THE CENTER LINE OF LOCUST GROVE ROAD , 1329 . 2 FEET FROM A BRONZE CAP MARKING THE NORTHEAST CORNER OF SAID SECTION 18 ; THENCE SOUTH 89 DEGREES 11 1 / 2 ' WEST ALONG THE SOUTH SIDE OF THE NORTHEAST QUARTER NORTHEAST QUARTER OF SAID SECTION 18 A DISTANCE OF 438 . 7 FEET TO A STEEL PIN ; THENCE NORTH 0 DEGREE 55 ' EAST 149 . 0 FEET TO A STEEL PIN ; THENCE NORTH 89 DEGREES 11 112 ' EAST 436 . 3 FEET TO A STEEL PIN ; THENCE SOUTH 149 . 0 FEET ALONG THE EAST SIDE OF SAID SECTION 18 TO THE REAL POINT OF BEGINNING . END OF LEGAL DESCRIPTION K A Pioneer Company PIONEER TITLE COMPANY OF ADA COUNTY 921 West State Street / Boise, Idaho 83702-5836 / Telephone (208) 336-6700 RE;,D AND APPROVED BY WARRANTY DEED (INDIVIDUAL) FOR VALUE RECEIVED GARY R . LITTLE AND DEBORAH A . LITTLE , HUSBAND AND WIFE Grantor s , do hereby grant, bargain, sell and convey untoSNORTING BULL INVESTMENTS , LLC , AN IDAHO LLIMITED LIABILITY COMPANY the Grantee whose current address is: 100 N . 9TH , SUITE 300 , BOISE , ID 83702 the following described real property in ADA County, State of Idaho , more particulary described as follows , to-wit: SEE EXHIBIT " A" , ATTACHED HERETO AND MADE A PART HEREOF , BY REFERENCE , AND WHICH IS COMPRISED OF ( 1 ) PAGE . S - 111 8 110 1 6 0 RECQRDED ' REOUEST OF ADA COUNTY RECORDER J. DAVI D NAVARRO O a FEEL_D£PUTY / 1999AP20 PPS 4 : 07 99038783 PIONEER TITLE TO HAVE AND TO HOLD the said premises , with their appurtenances unto the said Grantee , and Grantee heirs and assigns forever. And the said Grantor sdo hereby covenant to and with the said Grantee the Grantor s 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 ; and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, (includes irrigation and utility assessments, (if any) for the current year, which are not yet due and payable, and that Grantor s will warrant and defend the same from all lawful claims whatsoever. Dated: April 19 , 1999 GARY LITTLE DEBORAH A . LITTLE STATE OF IDAHO County of ADA , ss. On this ._day of April in the year of 1999 , before me THE UNDERSIGNED a notary public , per- sonally appeared U R-r�4 e. "-IT1.Z ( p Rr) fNa� t-I l_trT LAE known or identified to me to be e person Swhose name < +) lAE subscribed to the within instrument, and acknowledged to me that executed the same. YTHKA COONTZ it NOTARY PUBLIC tY N STATE OF IDAHO Residing i: rncOMW45MM Wavesboua1 My Commission Expires: AUG _ l_ 5 2002 MSOMAT 100E KWO FILE NO . : P178821 EXHIBIT A BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER NORTHEAST QUARTER OF SECTION 18 , TOWNSHIP 3 NORTH , RANGE 1 EAST , BOISE MERIDIAN , ADA COUNTY , IDAHO , WHICH IS SOUTH ALONG THE EAST SIDE OF SAID SECTION 18 AND ALONG THE CENTER LINE OF LOCUST GROVE ROAD , 1329 . 2 FEET FROM A BRONZE CAP MARKING THE NORTHEAST CORNER OF SAID SECTION 18 ; THENCE SOUTH 89 DEGREES 11 1 / 2 ' WEST ALONG THE SOUTH SIDE OF THE NORTHEAST QUARTER NORTHEAST QUARTER OF SAID SECTION 18 A DISTANCE OF 438 . 7 FEET TO A STEEL PIN ; THENCE NORTH 0 DEGREE 55 ' EAST 149 . 0 FEET TO A STEEL PIN ; THENCE NORTH 89 DEGREES 11 1123 EAST 436 . 3 FEET TO A STEEL PIN ; THENCE SOUTH 149 . 0 FEET ALONG THE EAST SIDE OF SAID SECTION 18 TO THE REAL POINT OF BEGINNING . END OF LEGAL DESCRIPTION ADl C ,_ RECOrcBER i. tDATIO ti„ `lslritil R'FTr mresf r.ttto: BRISE l ,O 1 - DWIGH T F. BICKEL 133 t `-i��Y1�[ P,�,CL 2 AttorneyaiLow � i' Q 9 Post O icc Box190748 Boise, ID S3719 RZCORLEi T.:=� RECUEfST Or TL QUITCLAIM DEED a� fi� ii�► U3 �i� GRANITOR: GARY R LITTLE and DEBOR.AH A4 LTI ILE (:ormerty named and being the same person as DEBOKkIi A. Ma;.LS), husband and verife. GRANTEE: GARY R. LI2 T LE and DEBORAI-I A. LITTLE, husband and wife, as their community proge. y. GRANTEE'S MAILING ADDRESS FOR TAX NOTICES : _ 385 S . Locust Grove Road, Meridian, ID S36§2. DESCRIPTION OF REAL PROPERTY CONVEYED BY THIS DEED: Situated in the County of AD?>, State of IDAHO : _ Parcels I and II, as more paificularly described upon Exhibit '.A " attached hereto and __. by this reference incorporated herein and made a part hereof. FOR GOOD AND SbTFICIEN7 CONSIDERATION, the above-Warned Grantor does hereby GRANT, CONVEY, and QUITCLALM, untD the above -named Grant, the real property above described, together with the appurtenances_ The singular terms "Grantor" and "Grantee" as used in this instrument shall be crDrzmed io include t: a plural . DATED_ January ;`(+ I996. GAR ' . .ITTLE DEBORAH A. LITTLE QUITCLAIM DEED - Page 1 of 2 Pages FORTS NO. 102 19( � �€ b� STATE OF IDAxo } ss_ COUNTY OF ABA ) On this dap oflanua_TY, 199b, beforerdD)r undersigned, a Notary Public in and for said State, personallY appeared GARY K LI I CLE ORAFi {� LI7-iLE, I�aown or identified to rrte to be the persons whose names are sub acknovdtdged to me that they executed the same. ❑ the f+oregoirg i isrrum t ;nd �iri:LivtSTit;jeJ J 4 1 8� ytary Pu' ' for Idaho ding at Boise, Idaho .foam . Expires: I0I25199 SAO TDN ttt»feti Nlltaa,�� QUITCLAIM DEED - Page 2 of Pages EXHIBIT Fle Number: Pi43677 - PARCELI BEGINNING ATA POINT ON THE NORTH SIDE OF SECTION 1 B, TOWNSHIP 3 NORTH, RANGE 1 EAST, 6DISE MERIOLAN, ADA COUNTY, IDAHO. ON THE CENTERLINE OF FR.aNKUN ROAD, WHICH POINT 1S SOUTH S9 DEGREES 18' WEST 4B0 .7 FEET ALONG THE SECS ION LINE FROM THc NORTHEAST CORNER OF SAID SECTION 1 e; THENCE SOLITH 89 DEGREES 199 WEST 183.7 FEE�i TO A POINT, THE NORTHWEST CORNER OFTHE EAST HALF NORTHEAST QUARTER NORTHEAST QUARTER OF SAID SECTION 1S; THENCE SOUTH 0 DEGREE D7 ' EAST 890.1 FEET ALONG- THE W ESTEDGE OF THE EAST HALF OF THE NORreaEAST QUARTER NORTHEAST QUARTER OF SAID SECTION 18, THE REAL POINT OF BEGINNING; THENCE NORTH 69 DEGREES 12' EAST 231Z FEETO A STEELPIN; THENCE SOU i H 0 DEGREE 55 EAST 440,6 FEE TO A STEEL PIN; HENCE NORTH 89 DEGREES 12' WEST 224,77 FEET ALONG THE SOUTH SIDE OF THE EAST HALF NORTHEAST QUARTER NORTHEAST QUARTER OF SAID SECTION 18 TO AST EEL PIN; THENCE NORTH 0 DEGREE S5 EAST A DISTANCE OF 4 S FEET TO THE REAL POINT OF BEGINNING. PARCELII BEGINNING AT THE SOLIT 2?EAST CORNER OF THE NORTHEAST QUARTER NORTHEAST QUARTS OF SECTION 184 TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE :IERIDIAN, AD.A COUNTY, IDA*90, WHICH IS SOUTH ALONG THE EAST SIDE OF SAID SECTION 1S AND ALONG THE CENTER UNE OF LOCUST GROVE ROAD, 1329.2 FEET FROM A BRONZE CAP oMARKING THE NORTHEAST CORNER OF SAID SECTION 18; THENCE SOUTH 89 DEGREES 11 1 /2' I ESTALONG THE SOUTH SIDE OF THE NORT HEAST OUARTE.R NORTHEAST QUARTER OF SAID SECTION 13 A DISTANCE OF 438.7 FEET TO A STEEL PIN; THENCE NORTH 0 DEGREE 5, EAST 149.0 FEE: TO A STEEL PIN; THENCE NORTH 89 DEGREES 11 1 f2' EAST 435.3 F= TO A STEEL. PIN ; THENCE SOUTH 149.D FEET ALONG THE EAST SIDE OF SAID SECTION 7 S TO THE REAL, PCIN i OF BEGINNING. EXCEPT THAT PORTION THEREOF LYING V4THIN LOCUST GROVE RIGHT-0E-WAY. END OF LEGAL DESCRIPTION tom' �rK 9 � 093236 w a sCC, . 4EC: CRDER A Pioneer Company DA YA f: R 0 PIONEER TITLE COMPANY Cf ' S E ' D DFADA COmy P 10NEF!P T'ME 8151 W . Rifleman Ave / Boise, Idaho 83704 / (208) 37740ff 1 READ AND APPFis;3VM 1 '00 RE ORpc ; A; THE R4eS7 � WARRANTY DEED (INDIVIDUAL) FOR VALUE RECEIVED NORMI!N W . BROWN AVD JANET C . BROWN , HUSBAND AND WIFE Grantor s . do hereby grant, bargain, sell and co w g n eY untoGAR Y R . LITTLE AND �D EBCRAH E. . _fI LLS , BOTH UNMARRIED PERSONS the Grantee s whose current address is: 385 S . LOCUST GROVE ROAD , MERIDIAN , ID 83642 the following dcscri3ed real Property in ADA County, State of Idaho, more: paniculcay described as follows, to-wit: SEE ATTACHED E'.XHIBIT "A " WHICH BY THIS REFERENCE IS INCORPORATED HEREIN AND ME,DE A PART OF TO HAVE AND TO MOLD tha said premises, with their appurtenances unto the said Grantee $and Grantee hairs and assigns forever. Aid the said Grantor sdo hereby covenant to and with the said Grantee s , the Grantor s e.re the owner s in fax simply of said premises; that said premises are free from all encumbrances, EXCEPT *:hose to which tais convtyanec is expressly made tmbjeet ant: those made, suffered or done by the Grantee s and subject to reservations, restrictions, dedications, casements, right.,; of way and agreements, (if any) of record, and general taxis and assessments, (includes irrigation and utility assessments . (if any) for the current year, which are not yet due and payable, and that Grmor s will warrant and defend the satyr front all lawful claims whatsoever. Dated : Docemb 181 :�995 NORMAN BROWN J C . BROWN SPATE OF II)AIiO_. County of_ADA __, ss. _r On this _�1.8_day ol'_.D0cc;nbrz_ , in the car a .•' ••n•6aft Y ��� 425►_, ffrtpre me THE ttNn_ F.RSTG_aty�_ _ sonally appeared NOR �,N� _i' 'r• tj , a notary public, per- MAN W RRffLrtT .� N known or identified to me to be the person s1vhose 3atgG subscribed to the widtin instrument , and acknowledged to me that Xha}c_executed the samts 'rs - 50 � ' = Z - . z /% yy� ^ t- •r• ;D� S - NciiprflPiibtis>•••' Residtlrg�3t?'��10 ••• — My Commis§113A pires: 05/09 /99 r9 r;. LU CD C) 4ZC) f- a ? 0 = w 1 H Boa- fL O � `Z wvi- ¢ L a O Q t- Swa cwnT ;� ¢ � l _ w Q � ¢ o � a Q � ¢ Z 0 4Z r= az mOO cc tu j w v~i . _ wd 0 4 ` Z2 w ZMP � mF' Q 0ul ¢ � ¢ U Zm T Q nzz ZfLlu w � O ano f= 00M omt ZO � m wQ ~ z9w zwcf=- = 02 t-MaQx w UIWUIH � 00 Otwi � F �Zc j � Z Q :° O j2 =Ft p wL az Cj = c,° w0 ZtL � 0 jZwOtri apC'Sw mm . _ wU w fu Z � U OOw luwi j LL < LU }- `ra ~rD u O O ¢ w 4w comulj C9wm LU U p alj < `-' v ZLu � ¢ Z : .< co v QcaZY wNF2 VQi LL co '- jOfnF- OQ � O ZmOmQ � ¢ZQru0 U tufS- O LLV> CctwiLLiU ¢ Z tS- <mU. to t_0 <a. p0 Ln Of- w LL 65 Z 2 W ui CD F' Q M [D N ¢ (n w N H u- v (n f_- FOIU f- ¢ � QNQf- MO w (7ir mZZOyw 3 wSa InO � � W0< � q00 C12 c3 zog ¢ can f¢� th h3 � m 0 ¢ (4m w c ' hufuliuWa FSaQ *- Uj0)pp s S � f- ¢ 2 t4 f- 0 _ Z fL 0 aw Q0MQwi a:: � w z 2 a: Ft ' 6 paa, � � � wowpw _w [Ocr OSQ w ¢ (tu 9wuw z Qz. WzCD - 0 ¢ wom ¢ �o wZwei mF-wa ci U � � F- Q0Q � ¢ T � 22S � S 3S- �' J= m ¢ 0m S W O � F IZZ0 �LCw2OU)! 0 0w Z0o UO c0 w Z ZwO C4m0Qm0J-w000uo E-- M 21iowQw4wwwww Zzar ^ (Cazz00 F Wft Mjc Wz T u�i00ww nZX �_ � w2L _� 0Sj4OXUOQZ` 4 sd SESOWw ` ¢ ti �70 ZZ _ O /�f mmv> Oi wr ZxXt= ZS wwomwxo `, WWO v t� Order No. 87010164 —KP WARRANTY DEED FOR VALUE RECEIVED DELBERT D . HURST AND JEAN L . HURST , husband and wife GRANTOR(s) , does(do) hereby GRANT, BARGAIN , SELL and CONVEY unto NORMAN WALLACE BROWN , AN UNMARRIED PERSON GRANTEE(S) , whose current address is: 385 South Locust Grove , Meridian , Idaho 83642 the following described real property in Ada County, State of Idaho , more particularly described as follows , to wit: PARCEL I : Beginning at a point on the North side of Section 18 , Township 3 North , Range 1 East , Boise Meridian , Ada County , Idaho , as more particularly set forth in legal description attached hereto and made a part hereof by reference marked as Exhibit A and coa*mnrising 1 laaae . PARCEL II : Beginning at the Southeast corner of the Northeast 1 / 4 of the Northeast 1 / 4 of Section 18 , Township 3 North , Range 1 East , Boise Meridian , Ada County , Idaho , as more particularly set forth in legal description attached hereto and made a part p r hereof by reference , marked as Exhibit A and comprising 1 age . TO HAVE AND TO HOLD the said premises , with their appurtenances unto the said Grantee(s), and Grantee(s) heirs and assigns forever. And the said Grantor(s) does(do) hereby covenant to and with the 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 i any) for the current year, which are not yet due and payable, and that Grantor(s) will warrant and defend the same from all lawful claims whatsoever. Dated: March �� 1987 DELBERT D . HURST r _ _ . tt U X611 I OFFICIAL ST' ^• ' I' -P r . DELLA hA MANINING F--�- &OTARY pUMIC - CAL1F0?< .VIA MY cnmm. expires �J STATEOF CALIFOP?iIACountyof ' ZL'02= .O ` S�r STATE OF IDAHO, COUNTY OF �,�Li✓ I hereby Certify that this instrument was filed for record at the re- Ony MARCH quest of g the year of 198 rrrtt�, before me- the undersigned. a Notary $'[ VART TITLE Public in and for said State, personally appeared at minutes past o'clock Y m., DELBERT D . AND JEAN L . HURST A E this � pay of —J������ known or identified tome to be the person_ whose name 19 Y7j,n my office, and duly recorded in Book .upscrmed to the within instrument, and acknowledged to me trial of Deeds at page THEY executed tne same. ?' ✓A ^Signature . ' •. /ten-' -/ � ��7, -�� Name: - - ✓ Deowy ityDe or onnli lr ^ ce F __ f i Residing at: Mail to. My commission expires: This form furnished courtesy of STIEWART TITLE OF 11"I'AHO , Inc . 2aar, nee PARCEL I . BEGINNING at a point on the north side of Section 18 , Township 3 North , Range 1 East , Boise Meridian , Ada County , Idaho , on the centerline of - Franklin Road , which point is South 89 ° 18 ' West 480 . 7 feet along the Section line from the Northeast corner of said Section 18 ; thence South 89 ° 18 ' West 183 . 1 feet to a point , the Northwest corner of the East 1 / 2 Northeast 1 / 4 Northeast 1 / 4 of said Section 18 ; thence South 0 * 01 ' East 890 . 1 feet along the West edge of the East 1 / 2 of the Northest 1 / 4 Northeast 1 / 4 of said Section 18 , THE REAL POINT OF BEGINNING ; thence North 89 * 12 ' East 931 . 9 feet to a steel pin ; thence South 0 * 55 ' East 440 . 6 feet to a steel pin ; thence North 89 * 12 ' West 224 . 7 feet along the South side of the East 1 / 2 Northeast 1 / 4 Northeast 1 / 4 of said Section 18 to a steel pin ; thence North V 55 ' East a distance of 440 . 6 feet to the REAL. POINT OF BEGINNING . PARCEL II : BEGINNING at the Southeast corner of the Northeast 1 / 4 Northeast 1 / 4 of Section 18 , Township 3 North , Range 1 East , Boise Neridian , Ada County , Idaho , which is South along the East side of said Section 18 and along the center line of Locust Grove Road , 1329 . 2 feet from a bronze cap marking the Northeast corner of said Section 18 ; thence South 89 ° 11 1 / 2 ' West along the South side of the Northeast 1 / 4 Northeast 1 / 4 of said Section 18 a distance of 438 . 7 feet to a steel pin ; thence North 0 * 55 ' East 149 . 0 feet to a steel pin ; thence North 89 ° 11 1 / 2 ' East 436 . 3 feet to a steel pin ; thence South 149 . 0 feet along the East side of said Section 18 to THE REAL POINT OF BEGINNING . t 966 ( 2 . - r . . . VAIM-tiN d io DEED r _ For Value Received `sue �-•� � DARROLD R . RYKER and BONNIE JEAN RYKER , husband and wife the grantorS , do hereby grant, bargain, sell and convey unto DELBERT D . HURST and JEAN L . HURST , husband and wife No the grantees , whose current address is 385 S . Locust Grove Rd . , Meridian , Idaho 83642 the following described premises, in ADA County Idaho, to-wit : Beginning at the Southeast corner of the NE34AE4 of Section 18 , T . 3 N . , Ra 1 E . , B . M . , which is south along the east side of said section 18 and along the center line of Locust Grove Road , 1329 . 2 feet from a bronze cap marking the Northeast corner of said Sec ion 18 ; thence South 89 1I2 ' West along the South side of the NE4NE4 of said sec ion 18 a distance of 438 . 7 feet to a steel pin ; thence North 0 R5 ' East 149 . 0 feet to a steel pin ; thence North 89 112 East 436 . 3 feet to a steel pin ; thence South 149 . 0 feet along the east side of said section 18 to the Real Point of Beginning . TO RAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantees , their heirs and assigns forever. And the said Grantor s do hereby covenant to and with the said Grantees , that they arethe owner s in fee simple of said premises ; that they are free from all incumbrances , EXCEPT taxes and assessments for 1979 and subsequent years . and that they will warrant and defend the same from all lawful claims whatsoever. Dat d : ovember 21 19 t dim DARROLD R . RYKER BONNIE J RYKER STATE OF IDAHO, COUNTY OF ADA STATE OF IDAHO, COUNTY OF4 Z On this 21ST • day of NOVEMBER . 19 79 , I hereby certify that this instrument waa filed for record at H before me, a.aptarg public 'in and for the said State, per- the request ofCHICAGD TITLE CU. sonalll ayges�Tdto k ffffffJJJJJJ C !l<' at © O minutes past o'clock DA LIDRYdo5P and BONNIE JEAN RYKER rZ ^ i in this day of ;(�t.�e. � , `Z �a " too 19'7 f, in my office, and duly recorded in Book y _ pti� of Deeds at Page c fnowh ka �na<,tl & the persons whose name s are JOHN BASTIDA subsei d to the V#hin inatr=en n acknowledged to me akc i \ �- t y azecuted the Rome. Ez-0ando Recorder Btoe y- - +. . . teary u lie_ . p Deputy. Residing at Boise , Idaho Fees Mail to: Comm. Expires Non - Expiring ADA COUNTY RECORDER Pnd McGrane 2020 _012834 BOISE IDAHO Pgs = 2 BONNIE OBERBILLIG 01 /31 /2020 12 : 21 PM • eBlty I�at>d®IIIe FIDELITY NATIONAL TITLE - BOISE � 15 . d0 Escrow No . . 34602015563-AS WARRANTY DEED FOR VALUE RECEIVED Parcel is Laura Holly Alexander, a married woman Parcel lie, Laura Holly Alexander, a married woman , who aquired title as Laura H Anderson , an unmarried woman as to an undivided one-half interest GRANTOR( S ) , does(do ) hereby GRANT , BARGAIN , SELL AND CONVEY unto : The Banks Group , L. C . GRANTEE(S ) , whose current address is : PO Box 65970 , Salt Lake City, UT 84165 the following described real property in Ada County, Idaho , moore particularly described as follows , to wit: For APPUParcei ID (s ) s S1118110105 and S1118110090 Parcel 1 : A part of the Northeast quarter of the Northeast quarter cf Section 18 , Township 3 North , Range 1 East, Boise Meridian , Ada County, Idaho , more particularly described as follows : Beginning at a point on the centerline of Locust Grove Road and on the East side of said Section 18 , which point is South 929 . 45 feet along section line from the Northeast comer of said Section 18 , and North 399 .75 feet from the Southeast comer of the Northeast quarter of the Northeast quarter o fsaid Section 18 ; thence South 89 * 11 1 /2' West, 432 . 3 feet to a steel pin ; thence North 0 * 55' East, 101 . 0 feet to a steel pin ; thence North 89 ° 11 1 /2' East, 430 .7 feet to a steel pin ; thence South 101 . 0 feet to the REAL POINT OF BEGINNING . Excepting therefrom that portion deeded to Ada County Highway District by Warranty Deed recorded May 15 , 2003 as Instrument No . 103080931 , of Official Records . Parcel 11 : An undivided one-half interest in the following described property: Beginning at a point on the centerline of Locust Grove Road and on the East side of Section 18 , Township 3 North , Range 1 East, which point is South 828 . 45 feet along the section line from the Northeast comer of said Section 18 and North 500 .75 feet from the Southeast comer of the Northeast Quarter of the Northeast Quarter of said Section 18 ; thence South 89 * 11 112' West 430 . 7 feet to a steel pin ; thence North 0055' East 20 . 0 feet to a steel pin ; thence Printed: 01 .30 .20 @ 04:55 PM by AS Deed (warranty) 9 1DD1052.doc / Updated : 05.20. 19 Page 1 ID-F r"FXEA-03460211389-34602015563 ° 485 East Riverside Dr. , Suite 200 Fidelity National Title Company Eagle , ID 83616 Phone: (208 )377-3190 / Fax: 866-671 -3899 The Banks Group Lc PO Box 65970 Date : February 1 , 2020 Salt Lake City UT 84165-0970 Order No . . 34602015563-DM Buyer(s ) . The Banks Group , L . C . Property . 255 S Locust Grove Road Meridian , ID 83642 Enclosed is your Title Policy or Guarantee in connection with the above referenced transaction . Please call us immediately if you have any questions or concerns . Sincerely, Dawn Masters Title Assistant Dawn . Masters@fnf. com Policy-Guarantee Product Enclosure Letter (Title) Printed: 02.01 . 20 @ 09:32 AM by SSCORPD0272.doc / Updated: 04. 10. 18 Page 1 ID-FT-FXEA-03460 .211389-34602015563 ALTA OWNER' S POLICY OF TITLE INSURANCE Policy Number: Issued By: F d fitv National Title 34602015563 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 , FIDELITY NATIONAL TITLE INSURANCE COMPANY, a Florida 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 ( 1 ) forgery, fraud , undue influence , duress , incompetency , incapacity, or impersonation ; ( 11 ) failure of any person or Entity to have authorized a transfer or conveyance ; ( Ili ) 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 (vil ) 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 . 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 . AMERICAN Copyright American Land Title Association . All rights reserved . i.... . .......................... rssccsnom The use of this Form (or any derivative thereof) 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 . y ALTA Owner's Policy (06/17/2006) Printed : 02 .01620 @ 09:32 AM Page 1 ID- SPS-2730&1 -20-34602015563 FIDELITY NATIONAL TITLE INSURANCE COMPANY OWNER' S POLICY NO . 34602015563 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 ( 1 ) to be timely, or ( 11 ) 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 . IN WITNESS WHEREOF , FIDELITY NATIONAL TITLE INSURANCE COMPANY has caused this policy to be signed and sealed by its duly authorized officers . Fidelity National Title Insurance Company By: Fidelity National Title Company 485 East Riverside Dr. , Suite 200 " Eagle, ID 83616 President Countersigned By: Attest: SEAL Authorized Officer or Agent Secretary A_MERICAN Copyright American Land Title Association . All rights reserved . TITLE ........................... ASSOC:IKIAON The use of this Form (or any derivative thereof) 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 owner's Policy (06/17/2006) Printed: 02 .01 .20 @ 09:32 AM Page 2 11D- SPS-27306Aw20-34602015563 FIDELITY NATIONAL TITLE INSURANCE COMPANY OWNER ' S POLICY NO . 34602015563 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 (1 ) the occupancy, use , or enjoyment of the Land ; ( 1i ) the character , dimensions , or location of any improvement erected on the Land ; (111 ) the subdivision of land ; or ( iv) environmental protection , or the effect of any violation of these laws , ordinances , or governmental regulations . This Exclusion 1 (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 . Copyright American Land Title Association . All rights reserved . AAIERICAN ........................N LAND TiTLL .tiSOCI.q CIOK '.. The use of this Form (or any derivative thereof) 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 owner's Policy (06/17/2006) Printed: 02 .01020 @ 09:32 AM Page 3 ID.SPS.27306.1 -20-34602015563 FIDELITY NATIONAL TITLE INSURANCE COMPANY OWNER' S POLICY NO . 34602015563 SCHEDULE A Name and Address of Title Insurance Company: Dawn Masters Fidelity National Title Company 485 East Riverside Dr. , Suite 200 Eagle , ID 83616 Address Reference : 255 S Locust Grove Road , Meridian , ID 83642 Date of Pollcy Amount of Insurance Premium January 31 , 2020 at 12 * 22 PM $3991900 . 00 $ 1 , 574 . 00 1 . Name of Insured : The Banks Group , L . C . 2 . The estate or interest in the Land that is insured by this policy is : Fee Simple 3 . Title is vested in : The Banks Group , L. C. 4 . The Land referred to in this policy is described as follows : For APN/Parcel ID (s) : S1118110105 and S1118110090 Parcel I : A part of the Northeast quarter of the Northeast quarter of Section 18 , Township 3 North , Range 1 East, Boise Meridian , Ada County, Idaho , more particularly described as follows : Beginning at a point on the centerline of Locust Grove Road and on the East side of said Section 18 , which point is SOuth 929 .45 feet along section line from the Northeast corner of said Section 18 , and North 399 . 75 feet from the Southeast corner of the Northeast quarter of the Northeast quarter o fsald Section 18 ; thence South 89011 1 /2' West , 432 . 3 feet to a steel pin ; thence North 0055' East, 101 . 0 feet to a steel pin ; thence North 89011 1 /2' East, 430 . 7 feet to a steel pin ; thence South 101 . 0 feet to the REAL POINT OF BEGINNING . Excepting therefrom that portion deeded to Ada County Highway District by Warranty Deed recorded May 15 , 2003 as Instrument No . 103080931 , of Official Records . Parcel II : An undivided one-half interest in the following described property: Beginning at a point on the centerline of Locust Grove Road and on the East side of Section 18 , Township 3 North , Range 1 East, which point is South 828. 45 feet along the section line from the Northeast corner of said Section 18 and North 500 . 75 feet from the Southeast corner of the Northeast Quarter of the Copyright American Land Title Association . All rights reserved . LAN6 �nh 9 i:aii�rir e . ...... A,s 0 t.4'f IOM1 The use of this Form (or any derivative thereof) 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 . y ALTA Owner's Policy (06/17/2006) Printed: 02 . 01620 @ 09:32 AM Page 4 113 - SPS-27306A w20-34602015563 FIDELITY NATIONAL TITLE INSURANCE COMPANY OWNER ' S POLICY NO . 34602015563 SCHEDULE A ( continued ) Northeast Quarter of said Section 18 ; thence South 89011 1 /2' West 430 . 7 feet to a steel pin ; thence North 0° 55' East 20 . 0 feet to a steel pin ; thence North 89 ' 11 1 /2' East 430 .4 feet to a steel pin ; thence South 20 . 0 feet to the REAL POINT OF BEGINNING . Excepting therefrom that portion deeded to Ada County Highway District by Warranty Deed recorded April 10 , 2003 as Instrument No . 103059614 , of Official Records . THIS POLICY VALID ONLY IF SCHEDULE B IS ATTACHED END OF SCHEDULE A i ht American Land Title Association . All rights reserved . " n' Fxic"" Copyright 9 9 The use of this Form (or any derivative thereof) 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 Owner's Policy (06/17/2006) Printed : 02 . 01620 @ W32 AM Page 5 11D—SPS-27306A1 20-34602015563 FIDELITY NATIONAL TITLE INSURANCE COMPANY OWNER ' S POLICY NO . 34602015563 SCHEDULE B 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 facts , rights , interests , or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land . 2 . Easements , liens or encumbrances , or claims thereof, not shown by the Public Records . 3 . 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 not shown by the Public Records . 4 . Any lien or right to a lien for services , labor or material 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 ) Indian treaty or aboriginal rights , including , but not limited to , easements or equitable servitudes ; or , (d ) water rights , claims or title to water, whether or not the matters excepted under (a ) , (b ) , (c ) or (d ) are shown by the public records . 6 . (a )Taxes or assessments that 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 ; ( b) proceedings by a public agency that may result in taxes or assessments , or notices of such proceedings , whether or not shown by the records of such agency or by the Public Records . 7 . Any service , installation , connection , maintenance or construction charges for sewer, water, electricity, or garbage collection or disposal or other utilities unless shown as an existing lien by the public records . 8 . Water rights , claims or title to water, whether or not disclosed by the Public Records . 9 . Unpatented mining claims ; reservations or exceptions in patents or in Acts authorizing the issuance thereof. 10 . Any off record facts , encumbrances , easements or possessory claims , a survey or inspection would disclose . 11 . Property taxes , which are a lien not yet due and payable , including any assessments collected with taxes to be levied for the fiscal year 2020 . Tax Identification No . : S1118110105 , Parcel I and S1118110090 , Parcel I 12 . Liens , levies and assessments of the CITY OF MERIDIAN . 13 . Liens and assessments of the NAMPA MERIDIAN IRRIGATION DISTRICT , and the rights , powers and easements of said district as by law provided . 14 . Ditch , road and public utility easements as same may exist over said premises . 15 . Rights of way for ditches , tunnels , telephone and transmission lines constructed by authority of the United States , as granted to the United States under the provisions of Section 58-604 Idaho Code 1947 . 16 . Exceptions and reservations contained in Deed to the STATE OF IDAHO Recorded : February 1 , 1955 Instrument No : 371724 , of Official Records Copyright American Land Title Association . All rights reserved . A "' FK' C" " ........................ LA1; D T1T},E rssoct All om The use of this Form (or any derivative thereof) 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 owner's Policy (06/17/2006) Printed: 02 .01 .20 @ M33 AM Page 6 ll) - SP&27306A1 20-34602015563 FIDELITY NATIONAL TITLE INSURANCE COMPANY OWNER' S POLICY NO . 34602015563 SCHEDULE B EXCEPTIONS FROM COVERAGE (continued ) 17 . Exceptions and reservations contained in Deed from the STATE OF IDAHO Recorded : April 30 , 1964 Instrument No : 582478 , of Official Records Whereby said Grantor excepts all mineral rights as defined by Section 47-701 of Idaho Code . 18 . An Easement for public utilities and incidental purposes in favor of Idaho Power Company, a corporation Recorded : August 16, 1965 Instrument No . 618941 , of Official Records . 19 . Rights of the public to any portion of the Land lying within the area commonly known as South Locust Grove Road . 20 . Terms , conditions , provisions , easements and obligations set forth in that certain Permanent Slope Easement Agreement Between : Laura H Anderson and James Norman Witherell and Ann Christine Witherell , husband and wife ; each to an undivided one- half interest and Ada County Highway Recorded : April 10 , 2003 Instrument No : 103059607 , of Official Records . (Affects Parcel 11 ) 21 . Terms , conditions , provisions , easements and obligations set forth in that certain Permanent Slope/Cut Easement Agreement Between : Laura H Anderson , an unmarried woman and Ada County Highway District Recorded : May 15 , 2003 Instrument No : 103080932 , of Official Records . (Affects Parcel 1 ) END OF SCHEDULE B Copyright American Land Title Association . All rights reserved . an,rxtc" " ........................... J.ti1i)C114 C10N The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as A vw'.z of the date of use . All other uses are prohibited . Reprinted under license from the American Land Title Association . ALTA Owner's Policy (06/17/2006) Printed: 02 .01 . 20 @ 09:33 AM Page 7 ID— SPS-27306-1 -20-34602015563 FIDELITY NATIONAL TITLE INSURANCE COMPANY OWNER' S POLICY NO . 34602015563 CONDITIONS t DEFINITION OF TERMS The following terms when used in this policy mean : (a) "Amount of Insurance": The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b ), or decreased by Sections 10 and 11 of these Conditions . ( b) " Date of Policy" : The date designated as " Date of Policy" in Schedule A. (c) " Entity". A corporation , partnership , trust, limited liability company, or other similar legal entity. (d ) " Insured" : The Insured named in Schedule A. (i ) The term " Insured " also includes (A) successors to the Title of the Insured by operation of law as distinguished from purchase , including heirs , devisees , survivors , personal representatives , or next of kin ; (B ) successors to an Insured by dissolution , merger, consolidation , distribution , or reorganization , (C) successors to an Insured by its conversion to another kind of Entity; ( D ) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title ( 1 ) if the stack, shares , memberships , or other equity interests of the grantee are wholly-owned by the named Insured , (2 ) if the grantee wholly owns the named Insured , (3) if the grantee is wholly-owned by an affiliated Entity of the named Insured , provided the affiliated Entity and the named Insured are both wholly-owned by the same person or Entity, or (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes . (ii ) With regard to (A), (B ), (C) , and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured . (e) " Insured Claimant": An Insured claiming loss or damage . (f) " Knowledge" or " Known " : Actual knowledge , not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title . (g ) " Land " : The land described in Schedule A , and affixed improvements that by law constitute real property. The term " Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate , or easement in abutting streets , roads , avenues , alleys , lanes , ways , or waterways , but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. (h ) " Mortgage" : Mortgage , deed of trust, trust deed , or other security instrument, including one evidenced by electronic means authorized by law. (i) " Public Records" : Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge . With respect to Covered Risk 5(d) , " Public Records" shall also I nclude environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land is located . (j ) "Title" : The estate or interest described in Schedule A. (k) " Unmarketable Title" : Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease , or lend if there is a contractual condition requiring the delivery of marketable title . 2 . CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor of an insured , but only so long as the Insured retains an estate or interest in the Land , or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured , or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in the Land , or (ii ) an obligation secured by a purchase money Mortgage given to the Insured . 3 . NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing ( i) in case of any litigation as set forth in Section 5(a) of these Conditions , (ii ) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title , as insured , and that might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii ) if the Title, as insured , is rejected as Unmarketable Title . If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice , the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice . 4. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage , the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss . The proof of loss must describe the defect, lien , encumbrance, or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible , the basis of calculating the amount of the loss or damage. Copyright American Land Title Association . All rights reserved . ' "' `C" " I.AJD TtTi... l.S1.00IAT10N The use of this Form (or any derivative thereof) 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 Owner's Policy (06/17/2006) Printed: 02 . 01 .20 @ 09:33 AM Page 8 ( 1D—SPS-27306A1 20-34602015563 FIDELITY NATIONAL TITLE INSURANCE COMPANY OWNER' S POLICE` NO . 34602015563 ( continued ) 5 . DEFENSE AND PROSECUTION OF ACTIONS (a ) Upon written request by the insured , and subject to the options contained in Section 7 of these Conditions , the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any 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 select counsel of its choice (subject to the right of the Insured to object for reasonable 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 Company will not pay any fees , costs , or expenses incurred by the insured in the defense 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 exercise of these rights shall not be an admission of liability or waiver of any provision 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 required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction , and it expressly reserves 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 prosecute 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 defense 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 action 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 obligation 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 Company, 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 disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim . Failure of the Insured Claimant to submit for examination under oath , produce any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required in this subsection , unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy 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 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 or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations of the Company to the insured under this policy, other than to make the payment 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 Insured 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 damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. Copyright American Land Title Association . All rights reserved . A "' tk ' cAh .......................N 1.AJ� L) T1Tt.E 4. ASSOCIATION The use of this Form (or any derivative thereof) 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 Owner's Policy (06117/2006) Printed: 02 .01620 @ 09:33 AM Page 9 ID—SPS-27306Aw20-34602015563 FIDELITY NATIONAL TITLE INSURANCE COMPANY OWNER' S POLICY NO . 34602015563 ( continued ) (a ) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (1 ) the Amount of Insurance; or (ii ) the difference between the value of the Title as insured and the value 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 Ten percent ( 10 % ) , and (li) 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 jurisdiction , 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 Insured 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 thirty (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 Insured 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 requested by the Company, the Insured Claimant shall execute documents to evidence 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 Insured Claimant, the Company shall defer the exercise of its right to recover until 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 , notwithstanding any terms or conditions contained in those instruments that address subrogation rights . 14 . ARBITRATION Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration 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 limited 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 Two Million and No/100 Dollars ($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 Two Million and No/ 100 Dollars ($2 , 000 , 000) shall be arbitrated only when agreed to by both the Company and the Insured . Arbitration pursuant to this policy and under the Rules shall be binding upon the parties . Judgment upon the award rendered 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 Company. 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 to this policy must be in writing and authenticated by an authorized person , or expressly incorporated by Schedule A of this policy. Copyright American Land Title Association . All rights reserved . U"N-6- c" " ........................N ..1Nf) T'1Ti. B ASSOCIATION The use of this Form (or any derivative thereof) 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 . y ALTA owner's Policy (06/17/2006) Printed: 02 .01 . 20 @ 09:33 AM Page 10 ID- SPS-27306Aw20-34602015563 FIDELITY NATIONAL TITLE INSURANCE COMPANY OWNER ' S POLICY NO . 34602015563 ( continued ) (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 endorsement 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 include 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 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: Fidelity National Title Insurance Company P . O. Box 45023 Jacksonville , FL 32232-5023 Attn : Claims Department END OF CONDITIONS Copyright American Land Title Association . All rights reserved . IAND'* c" " ........................N 1.41; [) TtTLL .S.IilCI.4'I'ION The use of this Form (or any derivative thereof) 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 . lti ALTA Owner's Policy (06/17/2006) Printed: 02 .01 .20 @ 09:33 AM Page 11 113—SPS-27306A1 20-34602015563 s . . Fidelity National Title Company 485 East Riverside Dr. , Suite 200 Eagle , ID 83616 Phone : (208 )377-3190 / Fax: 866-671 -3899 Benjamin E Banks The Banks Group Lc Date . December 5 , 2019 335 S Locust Grove Rd Order No . , 3460191468 & DM Meridian ID 83642-6276 Buyer(s) : The Banks Group L . C . Property . 335 S Locust Grove Road Meridian , ID 83642 Enclosed is your Title Policy or Guarantee in connection with the above referenced transaction . Please call us immediately if you have any questions or concerns . Sincerely, Dawn Masters Title Assistant Dawn . Masters@fnf. com Policy=Guarantee Product Enclosure Letter (Title) Printed : 12. 05 . 19 @ 09 : 06 PM by SSCORPD0272 . doc / Updated : 04 . 10 . 18 Page 1 ID-FT-FXEA-03460 .211389-34601914688 ADA COUNTY RECORDER Phil McGrane 2019 - 121778 BOISE IDAHO Pgs = 2 LISA BATT 12/04/2019 03 : 56 PM 4) Fidelity National 11fie FIDELITY NATIONAL TITLE - BOISE $ 15 , 00 Escrow No . : 3460191468&AS WARRANTY DEED FOR VALUE RECEIVED Robert R. Smith and Ruth G . Smith; Trustees of The Robert R. Smith Sr and Ruth G Smith Living Trust dated May 8 , 2014 GRANTOR(S ) , does (do ) hereby GRANT , BARGAIN , SELL AND CONVEY unto : The Banks Group L. C . GRANTEE(S) , whose current address is : 335 S Locust Grove Road , Meridian , ID 83642 the following described real property in Ada County, Idaho, more particularly described as follows , to wit: For APNIParcel ID (s) : S1118110130 Beginning at a point on the centerline of Locust Grove Road and on the east side of Section 18 , Township 3 North , Range 1 East, which point is South 1180 . 2 feet along the section line from the northeast comer of said Section 18 and north along said section line 149 . 0 feet from the southeast corner of the Northeast Quarter of the Northeast Quarter of said Section 18 ; thence South 890 11 1 /2' West 436 . 3 feet to a steel pin ; thence North 0 * 55' East 250 . 75 feet to a steel pin ; thence North 89 ° 11 1 /2 East 432. 3 feet to a steel pin ; thence South 250 . 72 feet to the REAL POINT OF BEGINNING . EXCEPTING that portion conveyed to Ada County Highway District in document recorded July 6 , 2005 , as Instrument No . 105090844 , of Official Records . TO HAVE AND TO HOLD the said premises , with their appurtenances unto the said heirs and assigns forever. And the said Grantor(s ) does(do ) hereby covenant to and with the 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 that Grantor(s) will warrant and defend the same from all lawful claims whatsoever. Deed (Warranty) Printed: 12,03. 19 @ 05 :48 PM by AS IDD1052.doc / Updated: 05,20. 19 Page 1 ID-FT-FXEA-03460211389-34501914688 EElectronically ., cor 10Flidellity National Title Stamped first Page Now 'incorporated As Pari of The Original Documew Escrow No . : 34601914688 -AS WARRANTY DEED FOR VALUE RECEIVED Robert R . Smith and Ruth G . Smith ; Trustees of The Robert R . Smith Sr and Ruth G Smith Living Trust dated May 8 , 2014 GRANTOR ( S ) , does (do ) hereby GRANT , BARGAIN , SELL AND CONVEY unto : The Banks Group L . C . GRANTEE ( S ) , whose current address is : 335 S Locust Grove Road , Meridian , ID 83642 the following described real property in Ada County , Idaho , more particularly described as follows , to wit : For APN / Parcel ID (s ) : S1118110130 Beginning at a point on the centerline of Locust Grove Road and on the east side of Section 18 , Township 3 North , Range 1 East , which point is South 1180 . 2 feet along the section line from the northeast corner of said Section 18 and north along said section line 149 . 0 feet from the southeast corner of the Northeast Quarter of the Northeast Quarter of said Section 18 ; thence South 890 11 1 /2 ' West 436 . 3 feet to a steel pin ; thence North 0055 ' East 250 . 75 feet to a steel pin ; thence North 89 ' 11 1 /2 East 432 . 3 feet to a steel pin ; thence South 250 . 72 feet to the REAL POINT OF BEGINNING . EXCEPTING that portion conveyed to Ada County Highway District in document recorded July 6 , 2005 , as Instrument No . 105090844 , of Official Records . TO HAVE AND TO HOLD the said premises , with their appurtenances unto the said heirs and assigns forever . And the said Grantor( s ) does ( do ) hereby covenant to and with the 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 that Grantor( s ) will warrant and defend the same from all lawful claims whatsoever. Deed (Warranty) Printed : 12 . 03 . 19 @ 05 : 48 PM by A5 IDD1052 . doc / Updated : 05 . 20 . 19 Page 1 ID- FT- FXEA-03460 . 211389-34601914688 WARRANTY DEED ( continued ) IN WITNESS WHEREOF , the undersigned have executed this document on the date ( s ) set forth below . Effective this 4th day of December , 2019 . Robert R . Smith Sr . and th G . S ith Living Trust dated May 8 , 2014 BY : Robert R . Smith , Sr . Trustee BY : Rut .G . Smith Trustee STATE OF Idaho , COUNTY OF Ada , -Ss . On this day of 9CkeP 6-z le� , 2019 , before me , the undersigned , a Notary Public in and for said State , personally appeared Robert R . Smith , Sr . and Ruth G . Smith , known or identified to me to be the person whose name is subscribed to the Within instrument , as the Trustee of the Robert R . Smith Sr . and Ruth G . Smith Living Trust dated May 8 , 2014 #1Packnowledged to me that he/she executed the same as such Trustee . Signature : Name : Residing at : My Commission Expires : ( SEAL ) ui!C2 r81752 O 4S 0911y202 Deed (Warranty) Printed : 12 , 03 . 19 @ 05 : 48 PM by AS IDD1052 . doc / Updated : 05 , 20 . 19 Page 2 ID- FT- FXEA-03460 . 211389-34601914688 CPFidelity National Title 3715 East Overland Rd . , Suite 100 O Meridian , ID 83642 Phone : (208 ) 377 -3190 / Fax : Benjamin & Bradford Banks Date . December 4 , 2019 The Banks Group L . C . Escrow No . . 34601914688 -AS 335 S Locust Grove Road Buyer( s ) : The Banks Group L . C . Meridian , ID 83642 Seller(s ) . Robert R . Smith Sr . and Ruth G . Smith Living Trust dated May 8 , 2014 Property . 335 S Locust Grove Road Meridian , ID 83642 Dear Benjamin & Bradford Banks : Congratulationsl This transaction has been closed and you are now the owner of a new property. Enclosed is your final Settlement Statement , together with any funds that may be due you as shown . Please KEEP THE FINAL SETTLEMENT STATEMENT in a safe place . It contains important information that may be needed for income tax preparation . If your recorded documents are not enclosed , they will be forwarded at a later date either by this office or the County Recorder' s Office . You will be receiving your title policy within a few weeks . We will be happy to provide a discount on another title insurance policy insuring this property for a refinance or sale within the next two (2 ) years . Please request Fidelity National Title Company for your next transaction . We appreciate this opportunity to be of service . Please feel free to contact us if we can be of any assistance for this or any future transaction . Sincerely, gpr"�" Annie Shockley Annie . Shockley@fnf. com Letter (Closing ) Printed : 12 . 04 . 19 @ 04 :41 PM by CB IDD1027 . doc / Updated : 01 ,29 , 16 Page 1 ID-FT-FXEA-03460 . 211389-34601914688 lelity National Title Compan , () Fidelity National Title 3715 East Overland Rd . , Suite 100 , Meridian , ID 83642 Phone : ( 208 ) 377 - 3190 FINAL BUYER' S STATEMENT Settlement Date : December 4 , 2019 Escrow Number : 34601914688 Disbursement Date : December 4 , 2019 Escrow Officer : Annie Shockley Email : Annie . Shockley@fnf. com Buyer : The Banks Group L . C . Seller : Robert R . Smith Sr. and Ruth G . Smith Living Trust dated May 8 , 2014 335 S Locust Grove Road Meridian , ID 83642 Property : 335 S Locust Grove Road Meridian , ID 83642 $ DEBITS $ CREDITS FINANCIAL CONSIDERATION Sale Price of Property 700 , 000 . 00 Deposit 70 , 000 . 00 funds to close 629 , 636 . 05 PRORATIONS/ADJUSTMENTS Irrigation Annually at $ 168 . 86 12/04/ 19-01 /01 /20 12 . 95 County Taxes at $ 1 , 063 . 78 07/01 / 19 to 12/04/ 19 901 . 90 TITLE & ESCROW CHARGES Title - Escrow Fee Fidelity National Title Company 500 . 00 Title - Recording Service Fee to Fidelity National Title Company 10 . 00 Simplifile GOVERNMENT CHARGES Recording Fees Fidelity National Title Company 15 . 00 Subtotals 700 , 537 . 95 700 , 537 . 95 TOTALS 700 , 537095 700 , 537 , 95 THIS IS A CERTIFIED COPY OF THE ORIGINAL DOCUMENT( S) BY FIDELITY NATIONAL TITLE COMPANY Fidelity National Title Company , Settlement Agent E • . . . . u u . . . . . . . . . . . . . . . . . . . . . . . . . a . . . . . . . . . . . . . a . . . . . . . . . . . . . . . . . . . . . . . . . . . u . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ■ • . . . . . . . . . . . • ■ ■ . . . . . . . . . a . . . a . . . . . 7 t SAVE THIS STATEMENT FOR INCOME TAX PURPOSES t DocuSign Envelope ID : D0049DF4-6066-4FOC - B7A4-832F242E41 BA 4b �lelity National Title Compar Fidelity National Title 37 East Overland Rd . , Suite 100 , Meridian , ID 6 „ o42 Phone : (208 ) 377 - 3190 ESTIMATED BUYER ' S STATEMENT Settlement Date : December 4 , 2019 Escrow Number : 34601914688 Disbursement Date : December 4 , 2019 Escrow Officer : Annie Shockley Email : Annie . Shockley@fnf. com Buyer : The Banks Group L . C . Seller : Robert R . Smith Sr. and Ruth G . Smith Living Trust dated May 8 , 2014 335 S Locust Grove Road Meridian , ID 83642 Property : 335 S Locust Grove Road Meridian , ID 83642 $ DEBITS $ CREDITS FINANCIAL CONSIDERATION Sale Price of Property 700 , 000 . 00 Deposit 70 , 000 . 00 PRORATIONS/ADJUSTMENTS Irrigation Annually at $ 168 . 86 12/04/ 19-01 /01 /20 12 . 95 County Taxes at $ 1 , 063 . 78 07/01 / 19 to 12/04/ 19 901 . 90 TITLE & ESCROW CHARGES Title - Escrow Fee Fidelity National Title Company 500 . 00 Title - Recording Service Fee to Fidelity National Title Company 10 . 00 Simplifile GOVERNMENT CHARGES Recording Fees Fidelity National Title Company 15 . 00 Ell Subtotals 700 , 537 , 95 70 , 901 , 90 Balance Due FROM Buyer 6299636 . 05 TOTALS 700 , 537 . 95 700 , 537 . 95 have carefully reviewed the Settlement Statement and to the best of my knowledge and belief, it is a true and accurate statement of all receipts and disbursements to be made on my account or by me in this transaction . I further certify that I have received a copy of the Settlement Statement . BUYER : i Electi '.J i st.amped First Page, Now Mco _ or As Pars, Fidelity National Title , � ; e Escrow No . . 34602015563 -AS WARRANTY DEED FOR VALUE RECEIVED Parcel I : Laura Holly Alexander, a married woman Parcel Il : Laura Holly Alexander, a married woman , who aquired title as Laura H Anderson , an unmarried woman as to an undivided one - half interest GRANTOR ( S ) , does ( do ) hereby GRANT , BARGAIN , SELL AND CONVEY unto : The Banks Group , L . C . GRANTEE (S ) , whose current address is : PO Box 65970 , Salt Lake City , UT 84165 the following described real property in Ada County , Idaho , more particularly described as follows , to wit : For APN / Parcel ID (s ) : S1118110105 and S1118110090 Parcel 1 : A part of the Northeast quarter of the Northeast quarter of Section 18 , Township 3 North , Range 1 East , Boise Meridian , Ada County , Idaho , more particularly described as follows : Beginning at a point on the centerline of Locust Grove Road and on the East side of said Section 18 , which point is SOuth 929 . 45 feet along section line from the Northeast corner of said Section 18 , and North 399 . 75 feet from the Southeast corner of the Northeast quarter of the Northeast quarter o fsaid Section 18 ; thence South 89 ' 11 1 /2 ' West , 432 . 3 feet to a steel pin ; thence North 0055 ' East , 101 . 0 feet to a steel pin ; thence North 89 ' 11 1 /2 ' East , 430 . 7 feet to a steel pin ; thence South 101 . 0 feet to the REAL POINT OF BEGINNING . Excepting therefrom that portion deeded to Ada County Highway District by Warranty Deed recorded May 15 , 2003 as Instrument No . 103080931 , of Official Records . Parcel 11 : An undivided one- half interest in the following described property: Beginning at a point on the centerline of Locust Grove Road and on the East side of Section 18 , Township 3 North , Range 1 East , which point is South 828 . 45 feet along the section line from the Northeast corner of said Section 18 and North 500 . 75 feet from the Southeast corner of the Northeast Quarter of the Northeast Quarter of said Section 18 ; thence South 89 * 11 1 /2 ' West 430 . 7 feet to a steel pin ; thence North 0055 ' East 20 . 0 feet to a steel pin ; thence Deed (Warranty) Printed : 01 . 30620 @ 04 : 55 PM by AS IDD1052 . doc / Updated : 05 . 20 . 19 Page 1 ID-FT- FXEA-03460 . 211389-34602015563 WARRANTY DEED ( continued ) North 89011 1 /2 ' East 430 . 4 feet to a steel pin ; thence South 20 . 0 feet to the REAL POINT OF BEGINNING . Excepting therefrom that portion deeded to Ada County Highway District by Warranty Deed recorded April 10 , 2003 as Instrument No . 103059614 , of Official Records . TO HAVE AND TO HOLD the said premises , with their appurtenances unto the said heirs and assigns forever . And the said Grantor( s ) does ( do ) hereby covenant to and with the 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 that Grantor( s ) will warrant and defend the same from all lawful claims whatsoever . IN WITNESS WHEREOF , the undersigned have executed this document on the date ( s ) set forth below . Effective this 31 st day of January , 2020 . Laura Holly Alexander 9 Brfce Duane Alexande STATE OF Idaho , COUNTY OF Ada , -Ss . On this day of / " r , 2020 , before me , the undersigned , a Notary Public in and for said State , personally appeared Laura Holl Al &bnder and Bryce Duane Alexander known or identified to me to be the person whose name is subscr' ed to the within instrument and acknowledged to me that he/she/they executed the same . Signature : Name : Residing at : My Commission Expires : a ANNIE SHOCKLEY COMMISSION 920181752 ( SEAL ) NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 09/12/2024 Deed (Warranty) Printed : 01 . 3020 @ 04 : 55 PM by AS IDD1052 . doc / Updated : 05 . 20 . 19 Page 2 ID - FT- FXEA-03460 . 211389-34602015563 ALTA OWNER' S POLICY OF TITLE INSURANCE Policy Number : Issued By. fidelity National Title 34601914688 T sur B coulpany 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 , FIDELITY NATIONAL TITLE INSURANCE COMPANY , a Florida 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 ( 1 ) forgery, fraud , undue influence , duress , incompetency, incapacity, or impersonation ; ( ii ) failure of any person or Entity to have authorized a transfer or conveyance ; ( Ili ) 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 . 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 . ANURICAN Copyright American Land Title Association . All rights reserved . LAN6 Tffi. i ASSOCIM 10N The use of this Form (or any derivative thereof) 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 Owner's Policy (06/ 17/2006 ) Printed : 12 . 05. 19 @ 09 : 07 PM Page 1 ID--SPS-27306- 1 - 19-34601914688 FIDELITY NATIONAL TITLE INSURANCE COMPANY OWNER' S POLICY NO , 34601914688 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 ( 1 ) to be timely, or ( 11 ) 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 . IN WITNESS WHEREOF , FIDELITY NATIONAL TITLE INSURANCE COMPANY has caused this policy to be signed and sealed by its duly authorized officers . Fidelity National Title Insurance Company By: Fidelity National Title Company 485 East Riverside Dr. , Suite 200 Eagle , ID 83616 President AlUt Countersigned By: Attest : EAR Authorized Officer or Agent Secretary Copyright American Land Title Association , All rights reserved . r�1FR«A E i..... n T .r.. . ASSOCIATION '.. The use of this Form (or any derivative thereof) 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 . 7M ALTA Owner's Policy (06/ 17/2006 ) Printed : 12 . 05 . 19 @ 09 : 07 PM Page 2 ID-- SPS-27306A1 19-34601914688 FIDELITY NATIONAL TITLE INSURANCE COMPANY OWNER'S POLICY NO . 34601914688 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 ( 1 ) 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 1 (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 . AMIRICAN Copyright American Land Title Association . All rights reserved . LANs T T E ._.... ... . - ------ ASSOCIATION The use of this Form (or any derivative thereof) 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 Owner's Policy (06/1712006 ) Printed : 12 . 05. 19 @ 09 : 07 PM Page 3 ID-- SPS-27306= 1 - 1 9-34601914688 FIDELITY NATIONAL TITLE INSURANCE COMPANY OWNER' S POLICY NO , 34601914688 SCHEDULE A Name and Address of Title Insurance Company: Dawn Masters Fidelity National Title Company 485 East Riverside Dr. , Suite 200 Eagle , ID 83616 Address Reference : 335 S Locust Grove Road , Meridian , ID 83642 Date of Polio Amount of Insurance Premium December 4 , 2019 at 03 : 57 PM $ 700 , 000000 $2 , 318800 1 . Name of Insured : The Banks Group L . C . 2 . The estate or interest in the Land that is insured by this policy is : Fee Simple 3 . Title is vested in : The Banks Group L . C . 4 . The Land referred to in this policy is described as follows : For APN /Parcel ID (s ) : S1118110130 Beginning at a point on the centerline of Locust Grove Road and on the east side of Section 18 , Township 3 North , Range 1 East , which point is South 1180 . 2 feet along the section line from the northeast corner of said Section 18 and north along said section line 149 . 0 feet from the southeast corner of the Northeast Quarter of the Northeast Quarter of said Section 18 ; thence South 890 11 1 /2' West 436 . 3 feet to a steel pin ; thence North 0055' East 250 . 75 feet to a steel pin ; thence North 89 ' 11 1 /2 East 432 . 3 feet to a steel pin ; thence South 250 . 72 feet to the REAL POINT OF BEGINNING , in Ada County, State of Idaho . EXCEPTING that portion conveyed to Ada County Highway District in document recorded July 6 , 2005 , as Instrument No . 105090844 , of Official Records . THIS POLICY VALID ONLY IF SCHEDULE B IS ATTACHED END OF SCHEDULE A Copyright American Land Title Association . All rights reserved . I cA,16 «" " nnn nn. - ASSOCIATION The use of this Form (or any derivative thereof) 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 Owner's Policy (06/ 17/2006) Printed : 12 , 05. 19 @ 09 : 07 PM Page 4 ID--SPS=2730& 1 - 19-34601914688 FIDELITY NATIONAL TITLE INSURANCE COMPANY OWNER'S POLICY NO . 34601914688 SCHEDULE B 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 facts , rights , interests , or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land . 2 . Easements , liens or encumbrances , or claims thereof, not shown by the Public Records . 3 . 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 not shown by the Public Records . 4 . Any lien or right to a lien for services , labor or material 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 ) Indian treaty or aboriginal rights , including , but not limited to , easements or equitable servitudes ; or, (d ) water rights , claims or title to water, whether or not the matters excepted under (a ) , ( b ) , ( c ) or (d ) are shown by the public records . 6 . (a )Taxes or assessments that 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 ; ( b ) proceedings by a public agency that may result in taxes or assessments , or notices of such proceedings , whether or not shown by the records of such agency or by the Public Records , 7 . Any service , installation , connection , maintenance or construction charges for sewer , water, electricity, or garbage collection or disposal or other utilities unless shown as an existing lien by the public records . 8 . Water rights , claims or title to water, whether or not disclosed by the Public Records , 9 . Unpatented mining claims ; reservations or exceptions in patents or in Acts authorizing the issuance thereof. 10 . Any off record facts , encumbrances , easements or possessory claims , a survey or inspection would disclose . 11 . General taxes for the year 2019 , which are a lien , payable on or before December 20 , 2019 of said year and not delinquent until after said date . 12 . Property taxes , which are a lien not yet due and payable , including any assessments collected with taxes to be levied for the fiscal year 2020 . Tax Identification No . : S1118110130 13 . Liens , levies and assessments of the CITY OF MERIDIAN . 14 . Liens and assessments of the NAMPA MERIDIAN IRRIGATION DISTRICT , and the rights , powers and easements of said district as by law provided . 15 . Ditch , road and public utility easements as same may exist over said premises . 16 . Rights of way for ditches , tunnels , telephone and transmission lines constructed by authority of the United States , as granted to the United States under the provisions of Section 58-604 Idaho Code 1947 . Copyright American Land Title Association . All rights reserved . A &URICAN LAND TITLE ......................... ASSOCIM ION The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as P , of the date of use . All other uses are prohibited . Reprinted under license from the American Land Title Association , ALTA Owner's Policy (06/17/2006 ) Printed : 12 . 05. 19 @ 09 : 07 PM Page 5 ID--SPS-27306- 1 - 19-34601914688 FIDELITY NATIONAL TITLE INSURANCE COMPANY OWNER'S POLICY NO . 34601914688 SCHEDULE B EXCEPTIONS FROM COVERAGE (continued ) 17 . Exceptions and reservations contained in Deed to the STATE OF IDAHO Recorded : February 1 , 1955 Instrument No : 371724 , of Official Records 18 . Exceptions and reservations contained in Deed from the STATE OF IDAHO Recorded : April 30 , 1964 Instrument No : 582478 , of Official Records Whereby said Grantor excepts all mineral rights as defined by Section 47- 701 of Idaho Code . 19 . An Easement for public utilities and incidental purposes in favor of Idaho Power Company, a corporation Recorded : August 16 , 1965 Instrument No . 618941 , of Official Records . 20 . Terms , conditions , provisions , easements and obligations set forth in that certain Development Agreement Between : City of Meridian and Snorting Bull Investments , LLC Recorded : January 27 , 2000 Instrument No : 100006603 , of Official Records . First Amendment to Development Agreement Recording Date : June 25 , 2009 Recording No . : 109074711 Second Amendment to Development Agreement Recording Date : January 16 , 2019 Recording No . : 2019003689 21 . Rights of the public to any portion of the Land lying within the area commonly known as South Locust Grove Road . 22 . Easement(s ) for the purpose (s ) shown below and rights incidental thereto , as granted in a document : Granted to : Ada County Highway District Purpose : Permanent Slope Easement Recording Date : July 6 , 2005 Recording No : 105090844 23 . Terms , conditions , provisions , easements and obligations set forth in that certain Judgment and Decree of Condemnation Between : Ada County Highway District and Robert R Smith and Ruth G Smith Recorded : July 5 , 2005 Instrument No : 105090844 , of Official Records . American Land Title Association . All rights reserved . AAtz �` C" " Copyright 9 �:A:�n Assoccnnon The use of this Form (or any derivative thereof) 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 Owner's Policy (06117/2006) Printed : 12 , 05. 19 @ 09 : 07 PM Page 6 ID-- SP&27306- 1 - 19-34601914688 FIDELITY NATIONAL TITLE INSURANCE COMPANY OWNER' S POLICY NO . 34601914688 SCHEDULE B EXCEPTIONS FROM COVERAGE (continued ) 24 . Terms , conditions , provisions , easements and obligations set forth in that certain Reservation of Cross Access and Parking Easement By: TTS Developments , LLC Recorded : March 14 , 2019 Instrument No : 2019020066 , of Official Records . 25 . Terms , conditions , provisions , easements and obligations set forth in that certain Declaration of Cross -Access Easement Between : TTS LLC , Brent Belveal and Robert R Smith and Ruth G Smith Living Trust Recorded : May 14 , 2019 Instrument No : 2019039855 , of Official Records . END OF SCHEDULE B A &URICAN Copyright American Land Title Association . All rights reserved . LAND TlTIE ASSOCL4'CIOh The use of this Form (or any derivative thereof) 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 Owner's Policy (06/17/2006 ) Printed : 12 , 05. 19 @ 09 : 07 PM Page 7 ID--SPS-2730& 1 -19-34601914688 FIDELITY NATIONAL TITLE INSURANCE COMPANY OWNER'S POLICY NO , 34601914688 CONDITIONS 1 o DEFINITION OF TERMS The following terms when used in this policy mean : (a ) "Amount of Insurance" : The amount stated in Schedule A , as may be increased or decreased by endorsement to this policy, increased by Section 8 (b ) , or decreased by Sections 10 and 11 of these Conditions . ( b ) " Date of Policy" : The date designated as " Date of Policy" in Schedule A . (c) " Entity" : A corporation , partnership , trust, limited liability company, or other similar legal entity. (d ) " Insured" : The Insured named in Schedule A . (i ) The term " Insured " also includes (A) successors to the Title of the Insured by operation of law as distinguished from purchase , including heirs , devisees , survivors , personal representatives , or next of kin ; ( B ) successors to an Insured by dissolution , merger, consolidation , distribution , or reorganization ; (C) successors to an Insured by its conversion to another kind of Entity; ( D ) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title ( 1 ) if the stock , shares , memberships , or other equity interests of the grantee are wholly-owned by the named Insured , (2 ) if the grantee wholly owns the named Insured , (3 ) if the grantee is wholly-owned by an affiliated Entity of the named Insured , provided the affiliated Entity and the named Insured are both wholly-owned by the same person or Entity, or (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes . ( ii ) With regard to (A) , (B ) , (C) , and ( D ) reserving , however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured . (e ) " Insured Claimant" : An Insured claiming loss or damage . (f) " Knowledge" or " Known " : Actual knowledge , not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title . (g ) " Land " : The land described in Schedule A , and affixed improvements that by law constitute real property . The term " Land " does not include any property beyond the lines of the area described in Schedule A , nor any right, title , interest, estate , or easement in abutting streets , roads , avenues , alleys , lanes , ways , or waterways , but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy . (h ) " Mortgage" : Mortgage , deed of trust, trust deed , or other security instrument, including one evidenced by electronic means authorized by law. ( i ) " Public Records" : Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge . With respect to Covered Risk 5 (d ) , " Public Records " shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land is located . (j ) "Title" : The estate or interest described in Schedule A. ( k) " Unmarketable Title" : Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase , lease , or lend if there is a contractual condition requiring the delivery of marketable title . 2e CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured , but only so long as the Insured retains an estate or interest in the Land , or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured , or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title . This policy shall not continue in force in favor of any purchaser from the Insured of either (i ) an estate or interest in the Land , or (ii ) an obligation secured by a purchase money Mortgage given to the Insured . 3 . NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing (i ) in case of any litigation as set forth in Section 5 (a ) of these Conditions , ( ii ) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title , as insured , and that might cause loss or damage for which the Company may be liable by virtue of this policy, or ( iii ) if the Title , as insured , is rejected as Unmarketable Title . If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice , the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice . 4 . PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage , the Company may, at its option , require as a condition of payment that the Insured Claimant furnish a signed proof of loss . The proof of loss must describe the defect, lien , encumbrance , or other matter insured against by this policy that constitutes the basis of loss or damage and shall state , to the extent possible , the basis of calculating the amount of the loss or damage . A &URICAN Copyright American Land Title Association . All rights reserved . LANs TIT 1 _.-..-..-..-------- ASSOCUC ION The use of this Form (or any derivative thereof) 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 Owner's Policy (06/1712006 ) Printed : 12. 05. 19 @ 09 : 07 PM Page 8 ID— =SPS-2730& 1 -19-34601914688 FIDELITY NATIONAL TITLE INSURANCE COMPANY OWNER'S POLICY NO . 34601914688 (continued ) 5 . DEFENSE AND PROSECUTION OF ACTIONS (a ) Upon written request by the Insured , and subject to the options contained in Section 7 of these Conditions , the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any 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 select counsel of its choice (subject to the right of the Insured to object for reasonable 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 Company will not pay any fees , costs , or expenses incurred by the Insured in the defense 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 exercise of these rights shall not be an admission of liability or waiver of any provision 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 required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction , and it expressly reserves 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 prosecute 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 defense 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 action 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 obligation 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 Company, 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 disclosed to others unless , in the reasonable judgment of the Company, it is necessary in the administration of the claim . Failure of the Insured Claimant to submit for examination under oath , produce any reasonably requested information , or grant permission to secure reasonably necessary information from third parties as required in this subsection , unless prohibited by law or governmental regulation , shall terminate any liability of the Company under this policy 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 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 or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option , all liability and obligations of the Company to the Insured under this policy , other than to make the payment 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 Insured 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 damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. Copyright American Land Title Association . All rights reserved . IAN6- C" " .nr riri.e ------------------- nssou.arwn The use of this Form (or any derivative thereof) 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 Owner's Policy (06/17/2006 ) Printed : 12 . 05 . 19 @ 09 : 07 PM Page 9 ID--WSPS-27306-IA9-34601914688 FIDELITY NATIONAL TITLE INSURANCE COMPANY OWNER'S POLICY NO . 34601914688 (continued ) (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 value 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 Ten percent ( 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 jurisdiction , 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 Insured 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 thirty (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 Insured 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 requested by the Company , the Insured Claimant shall execute documents to evidence 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 Insured Claimant, the Company shall defer the exercise of its right to recover until 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 , notwithstanding any terms or conditions contained in those instruments that address subrogation rights . 14 . ARBITRATION Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration 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 limited 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 Two Million and No/ 100 Dollars ($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 Two Million and No/ 100 Dollars ($2 , 000 , 000 ) shall be arbitrated only when agreed to by both the Company and the Insured . Arbitration pursuant to this policy and under the Rules shall be binding upon the parties . Judgment upon the award rendered 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 Company, 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 to this policy must be in writing and authenticated by an authorized person , or expressly incorporated by Schedule A of this policy. ANURICAN Copyright American Land Title Association . All rights reserved . n- T ffi nr.. . ASSOCLKNON The use of this Form (or any derivative thereof) 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 Owner's Policy (06/ 17/2006) Printed : 12. 05 . 19 @ 09 : 07 PM Page 10 ID—=-SP&2730& 1 -1 9-34601914688