Z - ESMT MOD - Carouba, Morgan, Alexander DUNNCARNEY
LLP
Coni S. Rafhbone Direct 503.417.5366
Partner Mobile 503.704.2795
crathbone@dunncarney.com Main 503.224.6440
Suite 1500,851 SW Sixth Avenue Portland,Oregon 97204
Fax 503.224.7324 DunnCarney.com
Black Cat: Black Cat 30 L.L.C.
Attn: Michael Carouba
1420 S. Mills Avenue, Suite M
Lodi, CA 95240
Casey: Garey L. Casey and Andrea Casey
Alexander: Jessie E. Alexander and Patricia A Alexander
Morgan Drew Morgan and Tami M. Morgan
Upon at least ten (10) days' prior written notice, each Owner shall have the right to
change its address to any other address within the United States of America.
6. Term. This Agreement shall continue in full force and effect from the date of recordation
of this Agreement in perpetuity unless otherwise terminated by the mutual written agreement of
each Owner.
7. Binding on Successors. This Easement and the vacation of any previously existing
easements shall be recorded in the official records of Ada County, Idaho, and shall be binding on
the heirs, successors, administrators, executors arrd-assigns of all Owner hereto and shall run
with the land.
8. Counterparts. This Easement may be executed in any number of counterparts, each of
which when executed shall be deemed to be an original but all of which taken together shall
constitute one agreement binding on all Owners. This Easement may be executed by affixing an
electronic signature by DocuSign or similar electronic signature and digital transaction
management service. Electronic delivery of documents by facsimile or email, including without
limitation the delivery of .PDF, .JPG or the equivalent, shall be legally sufficient to bind the
party the same as delivery of an original.
9. Amendments. This Agreement may be amended, modified or supplemented only by a
written document executed by all of the Owners hereto (or their successors and assigns).
10. Mortgagee Protection. No violation or breach of the terms and conditions of this
Agreement shall affect or impair the liens or security rights of the holder of a Mortgage (as
hereafter defined given in good faith and for value which is now or in the future recorded against
the Black Cat Property, Casey Property, Alexander Property and Morgan Property (as
applicable); provided, however, that an such mortgagee shall be obligated to comply with any
nondisturbance, recognition, attornrnent or similar agreement that it executes. With respect to
any Mortgage recorded against the Black Cat Property, Casey Property, Alexander Property and
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Morgan Property (as applicable) subsequent to the recording of this Agreement such mortgagee
or any purchaser at a foreclosure sale resulting from such mortgage or other Owner taking title to
the Black Cat Property, Casey Property, Alexander Property and Morgan Property (as
applicable) shall take subject to this Agreement and the terms and conditions set forth herein.
The term "Mortgage" shall mean any recorded mortgage or deed of trust encumbering the Black
Cat Property, Casey Property, Alexander Property and Morgan Property (as applicable).
11. No Third Party Beneficiaries. This Agreement is only for the benefit of the Owners
hereto and their successors and assigns as set forth above. No other person or entity or property
shall be entitled to rely-hereon, receive mV -b-enefrt -herefi-om or enforce any provision hereof
against an Owner hereto (or their respective successors assigns).
12. Binding Affect; Governing Law. This- Agreement and all covenants and restrictions
contained herein shall, to the full extent permitted by law and equity and without regard to
technical classifications or designations, be deemed to be covenants running with the land of the
Owner, and shall be binding upon and inure -to the benefit of the parties hereto and their
respective successors and assigns. This Agreement shall be governed and construed in
accordance with the laws of the State of Idaho.
13. Enforcement; Remedies; Attorneys' Fees.
a. The parties each have the right to enforce all of the covenants, conditions,
restrictions, reservations, easements, liens, and charges now or hereinafter imposed under this
Agreement as may appertain specifically to a party or entity. Failure by any party to enforce any
such covenant, condition, restriction, reservatiorr, easement lien, or charge will not be deemed a
waiver of the right to do so thereafter.
b. In the event of a breach hereunder-by any party, the non-breaching party shall
have all remedies available at law or in equity, including the availability of injunctive relief.
C. If suit or action is brought or initiated, to enforce or interpret any of the
provisions of this Agreement, or that arise out of or relate to this Agreement, the prevailing party
will be entitled to reasonable attorney fees in connection therewith and post judgment fees of
enforcing any judgment, in addition to all other sums provided by law. The determination of who
is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing
party will be decided by the court or courts, including any appellate court, in which the matter is
tried, heard, or decided.
[Counterpart signature pages.follon s]
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IN WITNESS WHEREOF, the undersigned have caused this Easement to be executed
the day and year first written above.
BLACK CAT:
Black Cat 30 L.L.C.,a(n)
limited liability company
By: C-M.4
04,
Printed Name:
Title:
ST,ATE OF IDAHO )
) ss.
County o )
On this day , 20_, before me ,
personally appeared known or identified to me (or proved to me), to
be the 1 tk Cat 30 L.L.C. and acknowledged to me that he or
she executed the same in the name o `liability company.
1N WITNESS WHEREOF, I have hereunt t hand and affixed my official seal the
day and year in this certificate first above written.
NOTARY PUBLIC FOR IDA
Residing at
My Commission Expires
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ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of San Joaquin )
Onj)(-2 v*),'t- Lam, Z&&before me, Diane D. Woods, a notary public
(insert name and title of the officer)
fir'personally appeared �/A klla`n�;t� I -L'&
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
DIANE D.WOODS
Notary Public-California
WITNESS my hand and official seal. _ '= San Joaquin county
Commission r 2257529
My Comm.Expires Oct 5,2022
Signature 'i&� ' (Seal)
IN WITNESS WHEREOF, the undersigned have caused this Easement to be executed
the day and year first written above.
CASEY:
Garey L. Casey
Andrea Casey
STATE OF IDAHO )
ss.
County of )
On this day of , 20 personally appeared before
me GAREY L. CASEY AND ANDREA CASEY, husband and wife, to me known to be the
individuals described in and who executed the within and foregoing instrument, and acknowledged
that they signed the same as their free and voluntary act and deed, for the uses and purposes therein
mentioned.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
NOTARY PUBLIC FOR IDAHO
Residing at
My Commission Expires
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IN WITNESS WHEREOF, the undersigned have caused this Easement to be executed
the day and year first written above.
ALEXANDER:
Jessie E. Alexander
Patricia A. Alexander
STATE OF IDAHO )
) ss.
County of IQO — )
On this anue. day of , 20 ! personally appeared before
me JESSIE E. ALEXANDER AND PA CIA A. ALEXANDER, husband and wife, to me
known to be the indivi-duals idescribed in and who -executed-the within and foregoing instrument,
and acknowledged that they signed the same as their free and voluntary act and deed, for the uses
and purposes therein mentioned.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above writte .
•��o'`�'•p'•pET�•o,� NOTARY PUBLIC FOR IDAFJ�
.�`G
:;f'sp•; Residing at
aQ; `ypTAR y My Commission Expires
nUBtXC =
•;A.No �• ` •
AMENDED AND RESTATED ACCESS EASEMENT-7
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IN WITNESS WHEREOF, the undersigned have caused this Easement to be executed
the day and year first written above.
MORGA
Drew Morgan
i M. Morgan
STATE OF IDAHO )
ss.
County of Ajul' )
On this `3 L_day of-Pt°r 520 personally appeared before
me DREW MORGAN AND TAMI M. MORGAN, husband and wife, to me known to be the
individuals described in and who executed the within and foregoing instrument, and acknowledged
that they signed the same as their free and voluntary act and deed,for the uses and purposes therein
mentioned.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
c�oe iaRainRT
NOTMy K)VX-STATE OF IDA;O NOTARY PUBLIC FOR IDAH
COMMISSION NUMBER 2013/692
1 ff COMWSS"EXPIRES 48-2024 Residing at MCI e)`e rl i17
My Commission Expires
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EXHIBIT A
Black Cat Property Legal Description
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EXHIBIT B
Casey Property Legal Description
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EXHIPIT C
Alexander Property Legal Description
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EXHIBIT D
Morgan Property Legal Description
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EXHIBIT E
Easement Area
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