PZ - Warranty Deed TitieOne: Commercial
1101 W.River Street,Suite 201 File Number. 20389365
Boise,ID 83702 Sales Price: $450,000.00
(208)424-8511 Close Date: 112912021
Disbursement Date:112912021
BORROWER(S)CLOSING STATEMENT Date Prepared: 1/27/202111:52:04 AM
Type: Commercial
Property: 2730 E STATE AVENUE
MERIDIAN,ID 83642(ADA)
(R3073780100)
Borrower(s): 30352 ESPERANZA,LLC,A CALIFORNIA LIMITED LIABILITY COMPANY
30352 Esperanza
Rancho Santa Margarita,CA 92688
DWpoe ::
Deposits,credits,Debits
Sate Price of Property $450,000.00
Earnest Money from(DISABLED)Bro do Ward $5,ODO.00
Seller Financing $360.ODO.00
Prorations
County razes 11112D21 to 1129M2.1 @$2,9%.64Near SM.17
Title Charges
Title-Settlement or closing fee to Titleone$1,000.OD $500,00
Govemment Recording and Transfer Charges
Recording tees:Deed$19.50 $t9.50
Mortgage$49.50
$49.50
Additional Settlement charges
2021 irrigation to Settlers Irrigation District
$2&7.86
Insurance to American Family Insurance Company W78.00
Totals $451.414.86 $365,229.17
Balance Due FROM Borrower, $86,186.69
APPROVED AND ACCEPTED
BORROWERS)
LLC,a liability company
By:
7Ward, anaging Member
SETTLEMENT COORDINATOR
Scott Dar"
:09 Number. 20389365 1 cf 1
�D
TitleOne
m title&escrow co.
Order Number 20389365
Warrantv Deed
For Value Received,
Idaho Tank&Culvert,Inc.,an Idaho corporation,the Grantor,does hereby grant, bargain self and convey unto,
30352 Esperanza,LLC,a California limited liability company,whose current address is 30352 Esperanza,
Rancho Santa Margarita,CA 92688,the Grantee,the following described premises,in Ada County,Idaho,To Wit:
Lot 1 in Block 2 of Gemtone Center No.2,according to the Official Plat thereof,filed in Book 74 of Plats at
Pages 7664 and 7665,Official Records of Ada County,Idaho.
TO HAVE AND TO HOLD the said premises,with their appurtenances unto the said Grantee,its heirs and assigns
forever. And the said Grantor does hereby covenant to and with the said Grantee,that Grantor is the owner in fee
simple of said premises;that they 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 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 assessments(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. Whenever the context so requires,the singular number includes the plural.
Remainder of this page intentionally left blank.
Order Number.20389365 Warranty Deed(4-09)-Page 1 of 2
Dated:
Idaho Tank&Culvert, Inc.,an Idaho corporation
By:
Bryan S. Norby, President
State of Idaho,County of
On this day of in the year of 2021, before me,the undersigned, a Notary Public in
and for said State,personally appeared Bryan S. Norby,known or identified to me to be the President of the
corporation that executed the instrument or the person who executed the instrument on behalf of said corporation,
and acknowledged to me that such corporation executed the same.
Notary Public
Residing In:
My Commission Expires:
(seal)
Order Dumber.20389365 Warranty Deed(4-09)-Page 2 of 2
1101 W.River Street,Suite 201
Boise, ID 83702
Ph.(208)4248511
T i t i e O n e Fx.(866)638-6981
a title dk escrow Co.
www.tifeoneoDrp.com
Privacy Policy Notice
Rev.10-23-2017
WHAT DOES TITLEONE DO WITH YOUR PERSONAL INFORMATION?
Financial companies choose how they share your personal information. Federal law gives consumers
the right to limit some but not all sharing. Federal law also requires us to tell you how we collect,share,
and protect your personal information. Please read this notice carefully to understand what we do.
The types of personal information we collect and share depend on the product or service you have with
us. This information can include:
• Social Security number and account balances
• Payment history and credit card or other debt
• Checking account information and wire transfer instructions
When you are no longer our customer,we continue to share your information as described in this notice.
All financial companies need to share customers'personal information to run their everyday business.
In the section below,we list the reasons financial companies can share their customers'personal
information;the reasons TitleOne chooses to share;and whether you can limit this sharing.
t f
For our everyday business purposes—such as to process your
transactions,maintain your aceount(s),respond to court orders
and legal investigations,or report to credit bureaus Yes No
For our marketing purposes-to offer our products and services No We don't share
to you
For joint marketing with other financial companies No We don't share
For our aiiiliiates'everyday business purposes-information Yes No
about your transactions and experiences
For our ablates'everyday business purposes-information No We don't share
about your creditworthiness
For our affiliates to market to you No We don't share
For uonafliliates to market to you No We don't share
Go to https://www.tideoner-orp.com/company/privacypolicy.aspx
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How does TitleOne To protect your personal information from unauthorized access and use,we use
protect my personal information? security measures that comply with federal law. These measures include
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How does TitteOne We collect your personal information,for example,when you
collect my personal information? . Apply for insurance or pay insurance premiums
• Provide your mortgage information or show your driver's license
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We also collect your personal information from others,such as credit bureaus,
affiliates or other co anies.
Why can't I limit all sharing? Federal law gives you the right to limit only
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State laws and individual companies may give you additional rights to limit
sharing.—
Wtes Companies related by common ownership or control.They can be financial and
nonfinancial companies.
• Our affiliates include companies that are owned in whole or in part by
Realogy Holdings Corp.,such as Better Homes and Gardens®Real Estate,
CENTURY 21ID, Coldwell Banker®, Coldwell Banker Commercial®, The
Corcoran Group®,ERA®,Sotheby's International Reahy®,DpRealty®,
NRT LLC, Cartes and Realogy Title Group.
Nonaffiliates Companies not related by common ownership or control.They can be financial
and nonfinancial companies.
• 71deOne does not share with none iliates so they can market to you
Joint Marketing A formal agreement between nonaffiliated financial companies that together
market financial products or service to you.
• TitleOne does not share with nonaffiliated financial companies for joint
marketin es.
Other Important Information
For European Union Customers Please see our Privacy Policy located at
https://www.titleonecorp.com/company/privacypolicy.aVx
For our California Customers Please see our notice about the California Consumer Protection Act located at
h sJ/www.titleon .com/com y/ oli x
Buyer/Borrower Initial(s)�= Seller Initial(s)
1101 W.River Street,Suite 201
Boise, ID 83702
Ph.(208)287-5300
T x t I e O n e Fx.(866)229-4251
wwwAtleonecorp.com
9 title 8 GSCfOW Co.
ESCROW CLOSING INSTRUCTIONS
Escrow No.20389365
Date: 01/2512021
To: TltleOne
Before close of escrow Idaho Tank&Culvert,Inc.,an Idaho corporation,has or will deposit with you under these
instructions the following:
• Fully-executed warranty deed in favor of buyer herein
• Escrow dosing statement
• 1099 form
• Owners Affidavit
• Loan documents
• FIRPTA
which you are hereby authorized and instructed to deliver,release and/or record when you have for the account of
Seller$450,000.00 subject to any charges and/or credit authorized herein;and 30352 Esperanza,LLC,a California
limited liability company,has or will deposit with you a cashier's check or other certified funds as required to
comply with these instructions,and the following:
• Escrow closing statement
• Loan documents required by Lender
You are hereby authorized and directed to use the funds and documents described above,when you are able to
close in accordance with the instructions below:
When you are in a position to issue or have issued an ALTA Policy(or policies)of title insurance insuring Buyer(or
as otherwise hereinafter provided)in the form as follows:
ALTA Owners Policy(6/17/06):Standard Coverage
in the amount of$450,000.00 on the real property described in Title Commitment No.20389365 issued by TitleOne,
which the undersigned have read and approved,which will show record title vested in:30352 Esperanza,LLC,a
California limited liability company free and clear of all encumbrances except for the insuring clauses,exceptions,
exclusions,provisions and stipulations customarily contained in the printed provisions of such form and exceptions
1.18 as set forth in above referenced Title Commitment dated January 11,2021 AND Deed of Trust/Mortgage
executed by 30352 Esperanza,LLC,a California limited liability company,dated January 29,2021 for the
payment of$360,000.00,in favor of Idaho Tank&Culvert,Inc.,an Idaho corporation.
Then you are instructed to disburse deposited funds pursuant to the Escrow Closing Statements)examined and
approved by the parties hereto and by this reference made a part hereof. Proceeds of this escrow may be disbursed
Es=w Inswoefiom Page F of 5
by your check payable to the respective parties,and your checks and documents may be mailed to the addresses set
forth herein.
Escrow holder has been instructed to prepare certain documents in connection with this transaction which documents
have been read and approved by the parties as to form,content and terms AND have been approved for use in this
escrow:
DOCUMENTS PREPARED BY ESCROW: Warranty Deed
1. FIRPTA: Escrow Agent is released from and shall have no liability,obligation or responsibility with respect
to(a)withholding of funds pursuant to Section 1445 of the Internal Revenue Code 1986 amended,(b)
advising parties as to the requirements of such Section, (c)determining whether the transferor is a foreign
person under such Section,or(d)obtaining a non-foreign affidavit or other form withhold under such
Section.
2. You are instructed to prorate as of dose of escrow the following:Taxes
and it is understood that the prorated charges shown upon the escrow dosing statement are prorated as of
that date. In the event of a change in the dosing date,TdleOne is instructed to adjust the proration date
accordingly without further written instruction from the undersigned.
Assume a per diem basis(based on 365 days per year)in the proration herein provided,except rents which
shall be prorated on the number of days in the current month. And unless parties otherwise instruct you,
you are to use the information contained in the last available tax statement,rental statement,or
beneficiary's statement delivered into escrow for the prorations provided above. It is understood and agreed
that the real property tax proration herein is based on 2021 Estimated taxes in the amount of$2,995.64.
The undersigned parties hereby affirm and agree that Escrow Holder,its employees,agents or assigns
have not made any warranties as to the accuracy of these tax figures. Further,the undersigned parties
agree that should the actual tax,as shown in the tax statement forwarded by the Assessor's office during
the year of sale,differ from the figure represented in the dosing statement,the parties will make adjustment
between themselves,outside of escrow. Escrow Holder shall not be responsible or liable for
reimbursements as required thereby.
3. All water and utility charges will be handled by the principals outside of escrow. Escrow holder is not to be
concerned with or responsible for transfer of keys and/or physical possession of the property.
4. Unless specifically provided elsewhere in these instructions,the cancellation,transfer or purchase of fire or
other casualty insurance shall be handled by the parties outside of this escrow.
S. You are authorized to add additional interest to loan payoffs or other demands as necessary to account for
potential delivery or posting delays by the lender. If an overpayment occurs,the beneficiary will refund any
overpayment directly to the borrower.You are authorized to deduct from seller's proceeds any additional
monies due on loan payoffs or other demands as necessary to effectuate title as described above,and
seller agrees to reimburse you for any charges incurred by you in connection with obtaining said payoffs or
demands. The parties understand that there may be adjustments on interest or unusual recording fees after
the signing of these instructions. You are further authorized to deduct same from seller's proceeds and/or
deduct from buyer's funds any payments made by you for said recording fees.
6. All money received by you in this escrow is to be deposited in your trust account pending closing. Seller
and/or Buyer hereby acknowledge and consent to the deposit of the escrow money in financial institutions
with which Escrow Holder has or may have other banking relationships and further consent to the retention
by Escrow Holder and/or its affiliates of any and all benefits which may be received from such financial
ESCMW insftucfiom
Page 2 of 5
institutions by reason of their maintenance of said trust accounts. Unless otherwise specifically agreed,you
may commingle funds received by you in escrow with escrow funds of others and may deposit such funds in
a checking account with any federally insured bank. It is understood that you shall be under no obligation to
invest funds deposited with you on behalf of any depositor,nor shall you be accountable to the depositor for
any earnings or other incidental benefits attributable to the funds which may be received by you while you
hold such funds.
7. These instructions are effective for 15 days from the date hereof;and thereafter,without written instructions
to continue,you are authorized and instructed to cancel this escrow. [Me,jointly and severally,agree to
pay your cancellation fee and all charges in connection therewith. In the event of cancellation of this
escrow,all funds,except loan funds,shall be held subject to written cancellation instructions executed by all
principals involved.
B. These escrow dosing instructions may be executed in counterparts with like effect as if all signatures
appeared on a single copy.
9. You are bound solely by the provisions set forth in these escrow instructions and the parties hereto
understand that you are not a party to any earnest money receipt and agreement or commission agreement
(agreements),executed by the parties herein,and that said agreements(and amendments thereto,if any)is
(are)not a part of these escrow dosing instructions.
10. You are to be concerned only in the performance of your duties in compliance with these escrow closing
instructions. You are to assume no liability for the sufficiency or enforceability of any provisions in said
agreements. The undersigned hereby affirm that all of the terms and conditions contained in the earnest
money agreement have been met or waived to the complete satisfaction of the parties.
11. You are instructed to furnish to any broker or lender identified with this transaction or anyone acting on
behalf of such broker or lender,any information concerning this escrow upon request of said broker or
lender.
12. Should any disputes arise between parties interested in property or funds covered by these instructions,you
shall have the option to hold all matters pending in their then existing status or to join in or commence a
court action,or to bring an action in interpleader,at your option. Upon your determination to hold this
escrow open for determination of the rights of the parties,you will be relieved of all responsibility to proceed
until the rights of the parties are settled to your satisfaction. Further,you as escrow holder shall be entitled
to continue to so refrain to act until(a)the parties hereto have reached an agreement in their differences
and shall have notified the escrow holder in writing of such agreement or(b)the rights of the parties have
been duly adjudicated by a Court of competent jurisdiction. It is further agreed that in the event of any suit
or claim made against you by either or both parties to this escrow or in the event any suit is instituted by you
to resolve your responsibility regarding conflicting claims of both parties to this escrow,that said parties,
jointly and severally,shall be required to pay you all expenses,costs and reasonable attorneys fees
incurred by you in connection therewith,whether suit is instituted by you or any of the parties hereto,or not.
13. In the event of any disagreement between the parties hereto,or demands or claims made upon you by the
parties hereto or interested herein or by any other party,you,as escrow holder,shall have the right to
employ legal counsel to advise andlor represent you in any Suit or action brought affecting this escrow or
the papers held in connection herewith or to bring an action in interpleader,at your option. The parties
hereto shall be jointly and severally liable to you for any and all attorneys fees,costs,and disbursements
incurred by you in connection with the employment of counsel in such conflict and,upon demand,the
parties shall forthwith pay the some to you,as escrow holder. If you are required to institute suit to collect
such sums as are owed to you pursuant to this or any other provision of this instructions,you shall further be
entitled to payment by the parties found liable for such unpaid charges of any costs and attorneys fees
incurred in the prosecution of such action.
Escrow Insfuedons
Page 3 of 5
14. Buyer and Seller acknowledge and agree that Escrow Bolder will rely on the payoff amount provided by
IS. If for any reason funds are retained or remain in escrow after closing date,you are to deduct therefrom a
reasonable monthly charge as custodian thereof of not less than$10.00 per month.
ADDITIONAL INSTRUCTIONS
DECLARATION OF ESCROW SERVICES:
Both Buyer and Seller acknowledge the following by their signatures below:
We have been specifically informed that TitIeOne is not licensed to practice law and no legal or accounting advice
has been offered by TitleOne or any of its employees. We have been further informed that TitieOne is acting only as
escrow holder and that it is forbidden by law from offering any advice to any party respecting the merits of this escrow
transaction or the nature and content of the documents executed herein,and that it has not done so.
We have been requested by escrow holder to seek legal counsel of our own choosing at our own expense,if we
have any doubt concerning any aspect of this transaction.
We have been afforded adequate time and opportunity to read and understand these escrow instructions and all
other documents referred to therein.
These escrow closing instructions constitute the entire agreement between the escrow holder and the undersigned
parties. Any amendments andfor supplements to these instructions must be made in writing.
We further understand that McOne assumes no liability as to any law,ordinance or governmental regulations
including,but not limited to,building,zoning and division of land ordinances and assumes no responsibility for
determining that the parties to the escrow have complied with the requirements of the Truth in Lending,Consumer
Protection Act(Public Law 90-321),or similar laws.
THE UNDERSIGNED HAVE READ AND FULLY UNDERSTAND THE FOREGOING ESCROW CLOSING
INSTRUCTIONS AND ALSO THE DECLARATION SET FORTH ABOVE AND AGREE TO SAME.
30352 Esperanza, LLC,a California limited liability company
By:
Brock Ward,Managinj-Member
Idaho Tank&Culvert, Inc.,an Idaho corporation
By:
Bryan S.Norby,President
Forwarding address(buyer) Forwarding address(seller)
G
Escw
W Inscucdow
Page 4 of 5
Acknowledged by:
TigeOne
Scot#Darling
Escmw Instructions
Page 5 of 5
DO NOT DESTROY ORIGINAL NOTE: When paid,the original note,together with the
Deed of Trust securing the same,must be surrendered to the Trustee for cancellation and
retention before reconveyance will be made.
PROMISSORY NOTE
Principal Amount: $360,000.00 Date: January 29, 2021
Maturity Date: January 29,2023
Interest Rate: 5.50%
FOR VALUE RECEIVED, the undersigned, 30352 Esperanza, LLC, a California limited
liability company, with a mailing address of 30352 Esperanza, Rancho Santa Margarita, CA
92688 (hereinafter referred to as "Borrower"),promises to pay the amounts set forth below to the
order of Idaho Tank& Culvert,Inc., an Idaho corporation(hereinafter referred to as "Lender"),
at 724 Taylor Avenue, Meridian, Idaho 83642 or such other place as the Lender may,from time to
time,designate in writing; or if this Promissory Note("Note' comes into the possession of another,
at such other place as the Holder hereof may, from time to time, designate in writing the sum of
Three Hundred Sixty Thousand and No/100 Dollars ($360,000.00) in Iawful money of the
United States of America, with interest(at the rate per annum as set forth below) from the date of
this Note until paid in full as follows:
A Payment of any interest accrued during the prior month is due monthly on the
29th day of each month(281h day of February in non-leap years)beginning February, 2021 which
absent a reduction in principal occurring shall be in the amount of One Thousand Six Hundred
Fifty and No/100 Dollars ($1,650.00) (an amount equal to one-twelfth(1/12) of the total annual
projected interest of$19,800.00).
B. The payment of all outstanding principal balance plus any and all outstanding
accrued interest on or before January 29,2023.
C. The outstanding unpaid principal balance payable hereunder shall bear interest,
annualized on the basis of a 360-day year, at the rate of Five and One-Half percent (5.50 %) per
annum.
Borrower may prepay, without penalty or additional charge, all or any portion of its
obligations payable to Lender hereunder. Payments received shall first be allocated against any
accrued interest and the balance, if any, shall then be allocated against the outstanding principal
balance.
Time is of the essence and in the event of any default by Borrower in the payment of
PROMISSORY NOTE- 1
principal or interest as called for under the terms of this Note, Borrower agrees that Lender may,
at its option, without notice, demand or presentment, declare the entire amount of Borrower's
obligations payable to Lender hereunder immediately due and payable, and exercise all rights
and remedies for default provided for or available to Lender under this Note and by applicable
law. In addition to the rights and remedies provided above, any payment received by Lender more
than ten(10)days after payment is due, shall be subject to a late charge equal to ten percent(10.0%)
of the late payment.
This Note shall be governed as to validity, interpretation, construction, effect and in all
other respects by the laws and decisions of the State of Idaho.
If Borrower shall default in payment of principal or interest as called for under the terms
of this Note, and the balance then due and payable by Borrower to Lender is collected with the
assistance of an attorney and before commencement of a suit thereon, reasonable attorney fees
incurred by Lender shall be added to the balance due and payable to Lender hereunder, and in
case action is instituted to collect this Note or any installment thereof, Borrower does further
agree to pay such sum as the Court may adjudge reasonable as attorney's fees in such action and
Lender's costs of suit.
Each reference herein to Lender shall be deemed to include its successors and assigns, in
whose favor the provisions of this Note shall also inure. Each reference herein to the Borrower
shall be deemed to include Borrower's successors and assigns, all of whom shall be bound by the
terms and provisions of this Note.
This Note is secured by a Deed of Trust in favor of Lender as beneficiary, if all or any part
of the property or any interest in the property subject to such Deed of Trust is sold or transferred(or
additionally, if a beneficial interest in Borrower is sold or transferred, in a case where Borrower is
not a natural person)without Lender's prior written consent(as described within the corresponding
Deed of Trust), all sums referenced by this Note and secured by the Deed of Trust shall be
immediately due and payable in full (unless otherwise prohibited by Idaho law as of the date of the
Deed of Trust).
Borrower acknowledges the receipt of a copy of this Note.
Borrower: 30352 Esperanza,LLC
By:
Brock Ward,Managing Member
Date:
PROMISSORY NOTE-2
0
TitleOne
a title&escrow co.
Deed of Trust
Order No.20389365
This deed of trust,dated January 29,2021 between 30352 Bsperanza,LLC,a California limited liability
company,herein called Grantor,whose address is 30352 Esperanza,Rancho Santa Margarita,CA 92688,and
Title0ne,herein called Trustee, and Idaho Tank&Culvert,Inc.,an Idaho corporation,herein called
Beneficiary,whose address is 724 Taylor Avenue,Meridian,Idaho 83642.
Witnesseth that Grantor does hereby irrevocably grant,bargain,sell,and convey to Trustee,in trust with power of
sale,that property in the county of Ada, Idaho,described as follows,and containing not more than eighty acres:
Lot 1 in Block 2 of Gemtone Center No.2,according to the Official Plat thereof,filed in Book 74 of Plats at Pages
7664 and 7665,Official Records of Ada County, Idaho.
Together with the rents,issues and profits thereof,subject,however,to the right,power and authority hereafter given
to and conferred upon Beneficiary to collect and apply such rents,issues and profits.
For the purpose of securing payment of the indebtedness evidenced by a promissory note,of even date herewith,
executed by Grantor in the sum of Three Hundred Sixty Thousand and Noll 00($360,000.00),with final payment
due January 29,2023 and to secure payment of all such further sums as may hereafter be loaned or advanced by
the Beneficiary herein to the Grantor herein,or any or either of them,while record owner of present interest,for any
purpose,and of any notes,drafts or other instruments representing such further loans,advances or expenditures
together with interest on all such sums at the rate therein provided. Provided,however,that the making of such
further loans,advances or expenditures shall be optional with the Beneficiary and provided further,that it is the
express intention of the parties to this peed of Trust that it shall stand as continuing security until paid for all such
advances together with interest thereon.
A. To protect the security of this Deed of Trust,Grantor agrees:
1. To keep said property in good condition and repair,not to remove or demolish any building thereon,to complete
or restore promptly and in good and workmanlike manner any building which may be constructed,damaged or
destroyed thereon and to pay when due all claims for labor performed and materials fumished therefore;to
Deed of Trust-Page 1 of 4
comply with all laws affecting said property or requiring any alterations or improvements to be made thereon;not
to commit or permit waste thereof,not to commit,suffer or permit any act upon said property in violation of law;
to cultivate,irrigate,fertilize,fumigate,prune and do all other acts which from the character or use of said
property may be reasonably necessary,the specific enumerations herein not excluding the general.
2. To provide,maintain and deliver to Beneficiary fire insurance satisfactory to and with loss payable to Beneficiary.
The amount collected under a fire or other insurance policy may be applied by Beneficiary upon any
indebtedness secured hereby and in such order as Beneficiary may determine,or at option of Beneficiary the
entire amount so collected or any part thereof may be released to Grantor.Such application or release shall not
cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice.
3. To appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers
of Beneficiary or Trustee;and to pay all costs and expenses,including cost of evidence of title and attorneys
fees in a reasonable sum,in any such action or proceeding in which Beneficiary or Trustee may appear.
4. To pay,at least ten days before delinquency all taxes and assessments affecting said property,when due,all
encumbrances,charges and liens,with interest,on said property or any part thereof,which appear to be prior or
superior hereto;all costs,fees and expenses,of this Trust In Addition to the payments due in accordance with
the terms of the note hereby secured the Grantor shall at the option,and on demand of the Beneficiary,pay
each month 1/12 of the estimated annual taxes,assessments,insurance premiums,maintenance and other
charges upon the property,nevertheless in trust for Grantor's use and benefit and for the payment by Beneficiary
of any such items when due. Grantor's failure to pay shall constitute a default under this Trust
5. To pay immediately and without demand all sums expended by Beneficiary or Trustee pursuant to the provisions
hereof,with interest from date of expenditure at the rate of interest specified in the above-described promissory
note,
6. Should Grantor fail to make any payment or to do any act as herein provided,then Beneficiary or Trustee,but
without obligation so to do and without notice to or demand upon Grantor and without releasing Grantor from any
obligations hereof,may;make or do the same in such manner and such an extent as either may deem
necessary to protect this security hereof,Beneficiary or Trustee being authorized to enter upon said property for
such purposes;appear in and defend any action or proceeding purporting to affect the security hereof or the
rights or powers of Beneficiary or Trustee;pay,purchase,contest or compromise any encumbrance,charge or
lien which in the judgment of either appears to be prior or superior hereto;and,in exercising any such powers,
or in enforcing this Deed of Trust by judicial foreclosure,pay necessary expenses,employ counsel and pay their
reasonable fees.
B. It is mutually agreed that:
1. Any award of damages in connection with any condemnation for public use of or injury to said property or any
part thereof is hereby assigned and shall be paid to Beneficiary who may apply or release such moneys received
by Beneficiary in the same manner and with the same effect as above provided for disposition of proceeds of fire
or other insurance.
2. By accepting payment of any sum secured hereby after its due date,Beneficiary does not waive the right either
to require prompt payment when due of all other sums so secured or to declare default for failure so to pay.
3. At any time or from time to time,without liability,therefore and without notice,upon written request of Beneficiary
and presentation of this Deed and said note for endorsement,and without affecting the personal liability of any
person for payment of the indebtedness secured hereby,Trustee may: Reconvey all or any part of said
property;consent to the making of any map or plat thereof,join in granting any easement thereon;or join in any
extension agreement or any agreement subordinating the lien or charge hereof.
4. upon written request of Beneficiary stating that all sums secured hereby have been paid,and upon surrender of
this Deed and said note to Trustee for cancellation and retention upon payment of its fees,Trustee shall
reconvey without warranty,the property then held hereunder. The Grantee in such reconveyance may be
described as'the person or persons legally entitled thereto.'
5. As additional security,Grantor hereby gives to and confers upon Beneficiary the right,power and authority,
during the continuance of these Trusts,to collect rents, issues and profits of said property,reserving unto
Grantor the right,prior to any default by Grantor in payment of any indebtedness secured hereby or in
Deed of Trust-Page 2 of 4
performance of any agreement hereunder,to collect and retain such rents,issues and profits as they become
due and payable. Upon any such default,Beneficiary may at any time without notice,either in person,by agent,
or by a receiver to be appointed by a court and without regard to the adequacy of any security for the
indebtedness hereby secured,enter upon and take possession of said property or any part thereof,in
Beneficiary's name sue for or otherwise collect such rents,issues and profits,including those past due and
unpaid,and apply the same,less costs and expenses of operation and collection,including reasonable
attorney's fees,upon and indebtedness secured hereby,and in such order as Beneficiary may determine. The
entering upon and talang possession of said property,the collection of such rents,issues and profits and the
application thereof as aforesaid,shall not cure or waive any default or notice of default hereunder or invalidate
any act done pursuant to such notice.
6. IF ALL OR ANY PART OF THE SUBJECT REAL PROPERTY,OR AN INTEREST THEREIN IS SOLD,
TRANSFERRED,OR CONTRACTED TO BE SOLD OR TRANSFERRED IN THE FUTURE BY AGREEMENT
WITHOUT THE BENEFICIARY'S PRIOR WRITTEN CONSENT, EXCLUDING A TRANSFER BY DEVISE,
DESCENT OR OPERATION OF LAW UPON THE DEATH OF THE GRANTOR,BENEFICIARY MAY,AT
BENEFICIARY'S OPTION,DECLARE ALL SUMS SECURED BY THIS DEED OF TRUST TO BE
IMMEDIATELY DUE AND PAYABLE. IF THE BENEFICIARY SHALL WAIVE THE OPTION TO ACCELERATE
AS PROVIDED BY ACCEPTING IN WRITING AN ASSUMPTION AGREEMENT OF THE SUCCESSOR IN
INTEREST,BENEFICIARY SHALL THEN RELEASE GRANTOR UNDER THIS DEED OF TRUST AND THE
NOTE.
7. Upon default by Grantor in payment of any indebtedness secured hereby or in performance of any agreement
hereunder,all sums secured hereby shall immediately become due and payable at the option of the Beneficiary.
In the event of default,Beneficiary shall execute or cause the Trustee to execute a written notice of such default
and of Beneficiary's election to cause to be sold the herein described property to satisfy the obligations hereof,
and shall cause such notice to be recorded in the office of the recorder of each county wherein said real property
or some part thereof is situated. Notice of sale having been given as then required by law,and not less than the
time then required by law having elapsed,Trustee,without demand on Grantor,shall sell property at the time
and place fixed by it in said notice of sale,either as a whole or in separate parcels and in such order as it may
determine,at public auction to the highest bidder for cash in lawful money of the United States,payable at time
of sale. Trustee shall deliver to the purchaser its Deed conveying the property so sold,but without any covenant
or warranty expressed or implied. The recitals in such Deed of any matters or facts shall be conclusive proof of
the truthfulness thereof. Any person,including Grantor,Trustee,or Beneficiary,may purchase at such sale.
After deducting such costs,fees and expenses,of Trustee and of this Trust,including cost of evidence of He
and reasonable counsel fees in connection with sale,Trustee shall apply the proceeds of sale to payment of:all
sums expended under the terms hereof not then repaid,with accrued interest at the rate specified in the above
described promissory note;all other sums then secured hereby;and the remainder,if any,to the person or
persons legally entitled thereto.
8. This Deed applies to,inures to the benefit of,and binds all parties hereto,their heirs,legatees,devisees,
administrators,executors,successors and assigns. The tern Beneficiary shall mean the holder and owner of
the note secured hereby,or,if the note has been pledged,the pledgee thereof. In this Deed,whenever the
context so requires,the masculine gender includes the feminine and/or neuter,and the singular number includes
the plural.
9. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or of any action
or proceeding in which Grantor,Beneficiary or Trustee shall be a party unless brought by Trustee.
10. In the event of dissolution or resignation of the Trustee,the Beneficiary may substitute a trustee or trustees to
execute the trust hereby created and when any such substitution has been filed for record in the office of the
Recorder of the county in which the property herein described is situated,it shall be conclusive evidence of the
appointment of such trustee or trustees,and such new trustee or trustees shall succeed to all of the powers and
duties of the trustee or trustees named herein.
Request is hereby made that a copy of any Notice of Default and a copy of any Notice of Sale hereunder be mailed
to the Grantor at Grantor's address hereinbefore set forth.
Deed of Trust-Page 3 of 4
30352 Esperanza,LLC,a California limited liability company
By:�
Brock Ward, Managing Member
State of r tU
County of Aic ^ }
On this 2 r day of L'+U 20-L,before me,the undersigned,a Notary Public in and for said
State,personally appeared Brock Ward,known or identified to me to be a Managing Member of the limited liability
company that executed the within instrument and acknowledged to me that he executed the same for and on behalf
of said limited liability company and that such limited liability company executed it.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this
0
EMMA cuua
COMMISSION#202ove9
NOTARY PUBLIC
STATE OF IDAHO
MY COMMISSION EXPIRES t2JW2=
Notary public for a
(Seal) Residing In: Ads CG v
My Commission Fires:W-03 ((
Deed of Trust-Page 4 of 4