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HomeMy Public PortalAboutDeed of Trust NHS 2007208 382 7107 clerk auditor recorder 11:08:51a.m. 03-18-2009 2/10 RECORDATION REQUESTED BY: Idaho Fkat desk P.O. Box 2950 101 E Lake St McCall, ID 83838 WHEN RECORDED MAIL TO: Idaho Rat Bank P.O. Sox 2960 101 E Lake St McCall, ID 83538 SEND TAX NOTICES TO: Idaho Rnt Bank P.O. Box 2960 101 E Lake St McCall. ID 83438 Instrument # 312203 VALLEY COUNTY, CASCADE, IDAHO 20g7-02-011 03:MN No. of Papas: B Recorded for : FIRST AMERICAN TITLE CO ARCM N. BANBURY fee: 27,8E Ex-011MoRecorder Deputy ': .. Index ft:OMB) OrmRWT DEED OF TRUST SPACE ABOVE THIS LME IS FOR iECOROFES USE ONLY THIS DEED OF TRUST Is dated January 28, 2007, among NEIGHBORHOOD HOUSING SERVICES, INC ("Grantor"); Idaho First Bank, whose address Is P.O. Box 2950, 101 E Lake St, McCall, ID 83838 (referred to below sometimes es "Lender" and somethnes es "Beneficiary"); end First American Tile Co., whose address Is 415 Railroad , McCeN, ID B3838 (referred to below es "Trustee"). CONVEYANCE AND GRANT. For valuable oonelderation, Grantor does hereby Irrevocably grant, bargain, *eM and convey in Bust, whb power of ale, to Trustee for the benefit of lender 4 Swieflolary. NI of Grantor's right, title, and interest in, to and under the Leese dumbed below of the !Wowing descrbed real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenance.; ail water, water rights end ditch rights (including stook in utilities with ditch or Irrigation rights); and eel other rights, royalties, end profits relating to the reel property, including without limitation any ri hts Granter later acquires in the fee simple tide to the land, subject to the Lease, and al minerals, og, teas, goothermal and shrills matters, (fit "Real Property") located In VALLEY County, State of Idaho: LOTS 1, 2, 3. 4, 5, 7, 8, 9, 10, BLOCK 3, GREYSTONE VILLAGE NO. 3 ACCORDING TO THE OFFICIAL PLAT IN THE OFFICE OF THE RECORDER, VALLEY COUNTY, IDAHO, RECORDED JULY 31, 2008 AS INSTRUMENT NO.311482 IN BOOK 10 OF PLATS AT PAGE 58. The Real Property or its address la commonly known as NNA MCCALL AVE, MCCALL, ID 83838. Grantor presently assigns to Lsnder (alto known a Seneficlery in this Deed of Trust) ad of Grantor's right, title, and Interest in and to ea present and future teases of the Property end all Rents from the Property. In addition, Grantor grand to Lender • Uniform Commercial Code security interest in the Personal Property and Rams. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY. M GIVEN TO SECURE IA) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE. THE RELATI D DOCUMENTS, AND THIS DEED OF TRUST. DIM DIED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except es otherwise prodded in this Deed of Taut, Grantor Moil pay to Lender ell amounts secured by this Dead of Trust as they become due, and shell strictly and in a timely manner perform all of Grantor's obligations under the Note, this Deed of Trust, and the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession end use of the Property shell be governed by the following provisions: Possession end Use. Until the occurrence of an Event of Defeuh, Grantor may (1) remain In possession and control of the Property; 12) use, operate Or mange the ProPertY; and (3) collect the Rena from the Property. The following provisions relate to the we of the Property or to other limitations on the Property. THE REAL PROPERTY EITHER IS NOT MORE THAN FORTY PIO) ACRES IN AREA OR IS LOCATED WITHIN AN iNCORPORATED CITY OR VILLAGE. Duty to Mabttatn. Grantor shall maimain the Property e-tenantable condition and promptly perform ea repairs, repiammorm, and maintenance necessary to preserve its value. Compliance WIth Environmental Laws. Grantor represents and warrants to Lender Met: in During the period of Grantor's leasehold interest in the Property, there has been no use, generation, manufacture, storage, treatment, disposal, mime, or threatened release of env Hazardous Substance by any person on, under, about or from the Property; (2) Grantor hes no knowledge of, or reason to believe that there hse been, except as previously disclosed to and acknowledged by Lender in writing, fa) any broach or violation of any Environmental Laws, (b) any use, generation, manufacture, storage, hutment, disposal, release or threatened release of any Hazardous Substance on. under, about or hom the Property by any prior owners or °com na of the Property, or lc) any actual or threatened litigation or Wilms of any kind by any person relining to such matters; end (3) Except as previously disclosed to and acknowledged by Lender in writing, (s) neither Grantor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hezardow Substance on, under, about or from the Property; and lb) any such activity shell be ocnductad in compliance with all applicable federal, state. and local laws, reguiations end ordinances, Including without limitation ad Environmental Levu. Grantor authorizes Lender end Its wpm, to enter upon the Property to make such inspection, and tests, at Grantor's expense, as Lender may deem appropriate to determine oomplience of the Property with this section of the Deed of Trust, Any Inspections or tend mode by Lender shall be for Lender's purposes only and *hall not be construed to create sny responsibility or debility on the pert of Lender to Grantor 208 382 7107 clerk auditor recorder 11:09:31 a.m. 03-18-2009 3/10 DEED OF TRUST Loan No: 11452 (Continued) Pape 2 or to any other person. The representations and warranties contained herein are based on Grantor's due diligence in investigating the Property for Hazardous Substances. Grantor hereby (1) releases and waives any future claims against Lender for indemnity or contribution In the event Grantor becomes liable for cleanup or other costs under any such laws;and 12) agrees to indemnify,defend,and hold harmless Lender against any and all claims,losses,liabilities,damages,penalties,and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Deed of Trust or as a consequence of any use,generation,manufacture, storage.disposal,release or threatened release occurring prior to Grantor's ownership or imerest In the Property.whither or not the same was or should hew been known to Grantor. The provisions of this section of the Deed of Trust,including the obligation to indemnify and defend,shall survive the payment of the indebtednees end the satisfaction and rotonveyence of the lien of this Deed of Trust end shall not be affected by Lender's acquisition of any interest in the Property,whether by foreclosure or otherwise. Nuisance,Waste. Grantor shall not cause,conduct or permit any nuisance nor commit,permit,or suffer any stripping of or waste on or to the Property of any portion of the Property. Without limiting the generality of the longoing.Grantor will not remove,or grant to any other party the right to remove,any timber,minerals(Including oil end gas),coal,clay,scoria,sod,gravel or rock products without Lender's prior written consent. Removal of improvements, Grantor shall not demolish or remove any Improvements from the Real Property without Lender's prior written tangent As a condition to the removal of any Improvements,Lender may requite Grantor to make arrangements satisfactory to Lander to replace such Improvements with Improvements of at least equal value. Lender's Right to Enter, Lender end Lender's agents end representatives may enter upon the Reef Property et all reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of Grantor's compliance with the terms and conditions of this Deed of Trust. Compliance with Governmental Requirements. Grantor shall promptly comply with all laws,ordinances,and regulations,now or hereafter in effect,of all governmental authorities eppicable to the use or occupancy of the Property, including without limitation.the Americans With Disabilities Act Grantor may contest In good faith any such law, ordinance, or regulation and withhold compliance during any proceeding,Including appropriate appeals,so long as Grantor has notified Lender In writing prior to doing so and so long as, ki Lender's sole opinion,Lender's interests In the Property era not jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lander,to protect Lender's interest. Duty to Protect. Grantor agrees neither to abandon or leave unattended tie Property. Grantor shall do all other acts,in addition to those acts set forth above in this section,which from the character and use of the Property are reasonably necessary to protect and preserve the Property, Comupilince with Leese. Grantor will pay all rents and will strictly observe and perform on a timely bola all other terms,covenants,and conditions of the Lease. Grantor will indemnify,defend,and hold Lender harmless against all losses,liabilities,actions,suits,proceedings, costs including reasonable attorneys'fees claims,demands,and damages whatsoever which may be incurred by reason of Grantor's failure to pay rents or strictly observe or perform under the Lease. Other Agreements Relating to the Lease. Grantor further agrees(1) not to surrender,terminate,or cancel the Lease, and (2) not to modify,change,supplement,alter,or amend the Lease,either orally or In writing,without Lender's prior written consent. Any attempt by Grantor to do any of the foregoing without Lender's prior written consent will be void and of no force and effect. At Lender's option, Grants(will deposit with Lender as further security all original documents misting to the Lease and the leasehold interest in the Property. Unless Grantor Is in breech or default of any of the terms contained In this Deed of Trust, Lender will hew no right to cancel,modify, change.supplement,alter or attend the leasehold interest. No estate in the Property, whether fee title to the leasehold premises,the leasehold estate,or any subleasehdd estate,will merge without Lander express written consent;rather these estates will remain separate and distinct,even if there is a union of these estates in the landlord,Grantor, or a third party who porcheaa or otherwise acquires the estates, Granter further agrees that if Grentor acquires all or a portion of the fee simple title,or any other leasehold or sublessehoid title to the Property,that title will,at Lender's option,immediately become subject to the terms of time Deed of Trust,and Grantor will execute, deliver and record at documents necessary or approprats to assure that such title is secured by this Dead of Trust Nodose Relating to the Lease. Grantor will promptly notify Lender in writing: 11) if Grantor is in default In the performance or observance of arty of the terms,covenants,or conditions which Grantor is to perform or observe under the Lease; (2) if any event occurs which would constitute a default under the Lease; 13) If any notice of default is given to Grantor by the landlord under the Lease; (41 if,pursuant to the Lease,any proceeds received for the Property are deposited with someone other than Lender,whether received from any insurance on the Property or from the taking of any or all of the Property by eminent domain;and (61 if any arbitration or appraisal proceedings are requested or instituted pursuant to the Leese. Grantor agrees to provide Lender promptly with a copy of at wittier materials relating to env of the above and to provide Lander with such other information as Lender may reasonably request. Grantor agrees that promptly after the execution and delivery of this Dad of Trust. Grantor will notify the landlord under the Leese In writing of the execution and delivery of this Deed of Trust and of the name and address of Lender and wi deliver a copy of this Deed of Trust to the landlord. Option to Cure Lew Default. Upon Lender's receipt of any written notice of Grantor's default under the Lease,Lender may,at Lender's option,cure such default,even though Grantor,or any party on behalf of Grantor,questions or denies the existence of such default or the nature of the default. Grantor expressly grants to Lender the absolute and immediate right to enter upon the Property to such extent end as often as Lender in it sole discretion deems necessary or desirable in order to prevent or cure any such default by Grantor. Construction Loan. If some or all of the proceeds of the loan cresting the indebtedness are to be used to construct or complete construction of any improvements on the Property,the Improvements shell be completed no later than the maturity data of the Note for such earlier date as Lender may reasonably establish)and Grantor shell pay in full all costs and expenses in connection with the work. Lender will disburse loan proceeds under such terms and conditions as Lender may deem reasonably necessary to insure that the interest crested by this Deed of Trust shall have priority over all possible liens,including those of materiel supplier' and workmen. Lander may require,among other things,that disbursement requests be supported by receipted bills,expense affidavits,waivers of liens,construction • Progress reports,and such other documentation as Lender may reasonably request. 208 382 7107 clerk auditor recorder 11:10:23 a.m. 03-18-2009 4/10 • DEED OF TRUST Loon No: 11452 (Continued) peg.3 TAXES AND LENS. The following provisions relating to the taxes and lens on the Property re part of this Deed of Trust: Payment. Grantor shell pay when due (and In ill events prior to delinquency) al taxes,special taxes, aassments,charges tinchding water and sewer),fines end impositions levied against or on account of the Property,and shall pay when due all claims for work done on or for services rendered or material furnished to the Property. Grantor shall maintain the Property free of all liens having priority over or equal • to the Interest of Lender under this Deed of Trust,except for the lien of taxes and assessments not due and except as otherwise provided In this Deed of Trust. Right to Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation to Pay, to long as Lender's interest in the Property is not jeoperdzed. If a ten arises or is filed as a result of nonpayment, Grantor shall within fifteen 115)days after the lien arises or,if a hen la filed,within fifteen 115)days after Grantor has notice of the filing, ;�the discharge of the Nan,or N requested by Lender,deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and reaeoneble attorneys'fees,or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest,Grantor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Grantor shall neme Lender as an edditionsi obligee under any surety bond furnished in the contest proceedings. Evidence of Payment. Grantor eheR upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to delver to Lender at any time a written statement of the taxes and assessments against the Property. Nonce of Construction. Grantor shah notify Lender at least fifteen(15)days before any work is commenced,any services are furnished,or any materials are supplied to the Property,if any mechanic's len, materlslmen's lien, or other Nan could be esserted on account of the work,services,or materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of Trust. Maintenance of insurance. Grantor shah procure and maintain policies of fire Insurance with standard extended coverage endorsements on s fair value basis for the full insurable value covering all Improvements on the Real Property hi an amount sufficient to avoid appfcaton of any coinsurance clause,and with a standard mortgagee clause in favor of Lander. Grantor steal also procure and maintain comprehensive general liability Insurance in such coverage amounts as Lender may request with Trustee and Lender being named as additional insureds hi such liability insurance policies. Additionally. Grantor shall maintain such other Insurance, including but not limited to inward, business interruption, and boiler Insurance,es Lander may reasonably require. Policies shall be written in form,amounts, coverage.and basis reasonably acceptable to Lender and issued by company or companies reasonably acceptable to Lender. Grantor,upon request of Lender, wit deliver to Lender from time to time the policies or certificates of insurance in form satisfactory to Lender,including stipulations that coverages wit not be cancelled or diminished without at Nast thirty(30)days prior written notice to Lender. Each insurance policy also shell include an endorsement providing that coverage In favor of Lander will not be impaired in any way by any act,omission or default of • Grantor or any other person. Should the Real Property be located In en area designated by the Director of the Federal Emergency Management Agency as a special flood hazard arse,Grantor egress to obtain and maintain Federal Rood insurance,if available,within 45 days after notice is given by Lender that the Property Is located in a special flood hazard area,for the full unpaid principal balance of the loon and any prior tens on the property securing the loan,up to the maximum policy limits sat under the National Flood Insurance Program, or as otherwise required by Lender,and to maintain such Insurance for the term of the horn. Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss If Grantor fats to do so within fifteen 115)days of the casualty. Whether or not Lender's security Is impaired,Lender may,at Lender's election,receive and retain the proceeds of any insurance"and apply the proceeds to the reduction of the indebtedness,payment of any lien affecting the Property,or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair,Grantor shall repair or replace the damped or destroyed Improvements in a manner satisfactory to Lender. Lender shall,upon setislectory proof of such expenditure,pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor is not in default under this Deed of Trust. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Deed of Trust,then to pay accrued interest, end the remainder, if any, shat be applied to the principal balance of the Indebtedness. If Lendr holds any proceeds after payment In full of the Indebtedness,such proceeds shall be paid to Grantor as Grantor's interests may appear. Grantor's Report on Insurance. Upon request of Lender,however not more than once a year,Grantor shall furnish to Lender a report on each existing policy of Insurance showing: (I) the name of the insurer; (2) the risks insured; 13) the amount of the policy; 14) the property nsured,the than current replacement value of such property,end the manner of determining that value;and 151 the expiration date of the poNcy. Grantor shall,upon request of Lander,have an Independent appraiser satisfactory to Lender determine the cash value replacement cost of the Property, LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in the Property or if Grantor fells to comply with any provision of this Deed of Trust or arty Related Documents,including but not limited to Grantor's failure to discharge or pay when due any amounts Grantor Is required to discharge or pay under this Deed of Trust or any Related Documents, Lender on Grantor's behalf may Slut shall not be obligated to)take any action that Lender deems appropriate,Including but not limited to discharging or paying all taxes,liens,security Interests,encumbrances and other claims,st any time levied or placed on the Property and paying all costs for insuring, maintaining and preserving the Property. All such expenditures incurred or paid by Lander for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the data of repayment by Grantor. All such expenses wit become a part of the Indebtedness and,at Lender's option,will (A) be payable on demand; ON be added to the balance of the Note and be apportioned among and be payable with any instalment payments to become due during either 11) the term of any applicable insurance policy;or (2) the remaining term of the Note;or (C) be treated as a balloon payment which wit be due and payable at the Note's maturity, The Deed of Trust also will secure payment of these amounts. Such right shell be in addition to all other rights and remedies to which Lander may be entitled upon Default. WARRANTY;DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed of Trust: Tide. Grantor warrants that; (a)Grantor holds good and marketable title of record to the leasehold Interest in the Property pursuant to the Leese,free end clear of all lens and encumbrances other than those set forth in the Red Property description or in any title insurance policy,this report or final title opinion issued in favor of,and accepted by,Lender in connection with this Deed of Trust,and (b)Grantor has the full right,power,and authority to execute and deliver this Deed of Trust to Lender, r i 208 382 7107 clerk auditor recorder 11:11:21 a.m. 03-18-2009 5/10 DEED OF TRUST Lo■n No:11452 (Continued) Pogo 4 Defense of Title. SubJect to the exception in the paragraph above,Granter warrants and will forever defend the this to the Property egsinst the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of Tiu tee or Lender under this Deed of Trust,Grantor shell defend the action at Grantor's expense. Grantor may be the nominal puny in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice,and Grantor will deliver,or cause to be delivered,to Lender such instruments as Lender may request from time to time to permit such participation. Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property compils.with all existing applicable laws, ordnance*,and regulations of governmental authorities. Survival of Represeati ions and Vierrenties. Ali representations,warranties,end agreements made by Grantor in this Deed of Trust shall survive the execution and delivery of this Deed of Trust,shell be continuing In nature,and shad remain In full force end effect until such time as Grantor's Indebtedness shall be paid in full. CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust: Proceedings. If any proceeding In candermetlon Is filed,Grantor shall.promptly notify Lender in writing,and Grantor shall promptly take such steps as may be ancestry to defend the action and obtain the award. Grantor may be the nominal party In such proceeding,but Lender shell be entitled to participate in the proceeding end to be represented in the proceeding by counsel of its own choice,and Grantor will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from time to time to permit such participation. Appgation of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by my Proceeding or purchase In lieu of condemnation, Lender may at Its election require that all or any portion of the net proceeds of the'award be spelled to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the sward after payment of en reasonable costs,expenses,and attorneys'fees incurred by Trustee or Lender in connection with the condemnation. IMPOSITION OF TAXES,FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees end charges area part of this Deed of Trust: Current Taxes.Fees and Charges. Upon request by Lender,Grantor shall execute such documents in addition to this Deed of Trust end tab whatever other action la requested by Lender to perfect and continue Lender's lien on the Real Property. Grantor shall reimburse Lender for all taxes. as described below.together with all expenses incurred In recording, perfecting or continuing this Dead of Trust, Including without limitation all taxes,fees,documentary stamps,and other charges for recording or registering this Deed of Trust. Taxes. The following shall conatitute taxes to which this section applies: (1) a specific tax upon this type of Deed of Trust or upon all or sny part of the Indebtedness secured by this Deed of Trust; (2) a specific tax on Grantor which Grantor is authorized or required to deduct from payments on the Indebtedness secured by this type of Deed of Trust; (3) a tax on this type of Deed of Trust chargeable against the Lender or the holder of the Note;end (4) a specific tax on all or any portion of the Indebtedness or on payments of principal end interest made by Grantor. Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Deed of Trust,this event shall have the same effect as an Event of Default,and Lender may exercise any or ell of Its available remedies for an Event of Default as provided below unless Grantor either (11 pays the tax before it becomes delinquent,or (21 contests the tax as provided above In the Taxes and Liens section and deposits with Lander cash ore sufficient corporate surety bond or other security satisfactory to Larder. SECURITY AGREEMENT;FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security agreement are a part of this Deed of Trust: Security Agreement, This Instrument shad constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lander shall have all of the rights of a secured party under the Uniform Commercial Code es amended from time to time. • Security Interest. Upon request by Lender,Grantor shall take whatever action is requested by Lender to perfect end continue Lander's security interest in the Rents and Personal Property. In addition to recording this Deed of Trust in the real property records,Lender may,at any time and without further authorization from Grantor,flee executed counterparts,copies or reproductions of this Deed of Trust as ■ financing statement. Grantor shell reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon default, Grantor shall not remove, sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble any Personal Property not affixed to the Property in manner end at a piece reasonably convenient to Grantor and Lender and make It available to Lander within three(3)days after receipt of written demand from Lender to the extent permitted by applicable law. Addresses. The mailing addresses of Granter(debtor)and Lender Immured party)from which information concerning the security interest granted by this Deed of Trust may be obtained(each as required by the Uniform Commercial Code)are as stated on the first page of this Deed of Trust. FURTHER ASSURANCES;ATTORNEY-IN-FACT. The following provisions relating to further assurances and attorney-in-fact are a part of this Deed of Trust: Further Mau/ernes. At any time,and from time to time,upon rotten of Lender,Grantor will make.execute and deriver,or will cause to be made,executed or delivered,to Lender or to Lender's designee and when requested by Lender,cause to be filed,recorded,refired,or rerecorded,as the case may be,at such times end In such offices and pleas is Lender may deem appropriate,any and all such mortgages, deeds of trust, security deeds, security .gresmerta, financing statements, continuation statement., instruments of further assurance, certificates,and other documents se may,In the sole opinion of Lender,be necessary or desirable In order to effectuate,complete,perfect, continue,or preserve (1) Grantor's obligations under the Note,this Deed of Trust,and the Related Documents,end (21 the liens and security interests Crested by this Deed of Trust as first end prior pens on the Property, whether now owned or hereafter acquired by Grantor. Unitise prohibited by law or Lender agrees to the contrary In writing,Grantor shall reimburse Lender for at costs and expenses incurred in connection with the matters referred to in this paragraph. Attorney-br Fact. If Grantor fags to do any of the things referred to in the preceding paragraph,Lender may do so for and in the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevoceby appoints Lander as Grantor's attorney-in-fact for the purpose of making,executing,delivering, filing, recording,and doing all other things as may be necessary or desirable,in Lender's sole opinion,to eccomplleh the matters referred to in the preceding paragraph. FULL PERFORMANCE. N Grantor pays all the Indebtedness when due,and otherwise performs all the obligations imposed upon Grantor under 208 382 7107 clerk auditor recorder 11:12:14 a.m. 03-18-2009 6/10 DEED OF TRUST Loan No: 11452 (Continued) Page 5 this Deed of Trust,Lender shall exacute and deliver to Trustee a request for full reconveyence and shell execute and deliver to Grantor suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the Personal Property. Any reconveyance fee required by law shall be paid by Grantor,If permitted by applicable law. EVENTS OF DEFAULT. Each of the folowing,at Lender's option,shut constitute in Event of Default under this Deed of Tnut•. Payment Default, Grantor fails to make any payment when due under the Indebtedness. Other Defaults. Grantor fells to comply with or to perform any other tam,oblgetton,covenant or condition contained In this Deed of Truss or In any of the Related Documents or to comply with or to perform any term, obligation,covenant or condition contained In my other agreement between Lender and Grantor. Completes Defarat. Failure to comply with any other term,obligation,covenant or condition contained in this Deed of Trust,the Note or In any of the Related Documents. Default on Other Payments. Failure of Grantor within the tine required by this Deed of That to make any payment for taxes or insurence, or any other payment necessary to prevent filing of or to affect discharge of any lien. False Statements. Any warranty,representation or st cement made or furnished to Lender by Grantor or on Grantor's behalf under this Deed of Trust or the Related Documents Is false or misleading in any materiel respect, either now or at the time made or furnished or • becomes false or misleading st any One thereafter. • Defeats*ColateraRsatloe. Thla Deed of Trust or any of the Related Documents ceases to be In full force and effect including failure of any toflsterei document to create a veld and perfected security interest or Yen)st any time and for any reason. • Insolvency. The dissolution or termination of Grantor's existents as a going business,the insolvency of Grantor,the appointment of a receiver for any part of Grantor's property,any assignment for the benefit of creditors,any type of creditor workout,or the commencement of•any proceeding under any bankruptcy or insolvency laws by or against Grantor. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Grantor or by any governmental agency against any property securing the Indebtedness. This includes e garnishment of any of Grantor's accounts,Including deposit accounts,with Lender. However,this Event of Default shall not apply if then Is a good faith dispute by Grantor as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Grantor gives Lender written notice of the creditor or forfeiture proceeding end deposits with Lender monies or surety bond for the creditor or forfeiture proceeding,In en amount determined by Lander, in Its sole discretion,as being an adequate reserve or bond for the dispute. Lease Default. Grantor defaults under the terms of the Lease,or any other event(whether or not Grantor's fsuit)results in tie termination or cancellation of Grantor's leasehold rights. Breach of Other Agreement. Any breech by Grantor under the terms of any other agreement between Grantor and Lander that is not remedied within any grace period provided therein, including without l mi ation any agreement concerting any Indebtedness or other obligation of Grantor to Lender,whether existing now or later. Events Affecting Guarantor, Any of the preceding events occurs with respect to any guarantor,endorser,surety,or accommodation party of any of the indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes Incompetent, or revokes or disputes the validity of,or liability under,any Guaranty of the Indebtedness. In the event of a death,Lender,at its option,may.but shall not be required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender,and,in doing so,cure any Event of Default. Adverse Change. A material adverse change occurs In Grantor's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness Is impaired. RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust,at any time thereafter,Trustee or Lander may exercise any one or more of the following rights and remedies: Notice of Default. In the Event of Default Lender shell execute or cause the Trustee to execute a written notice of such default and of Lender's election to cause the Property to be sold to satisfy the Indebtedness,end shall cause such notice to be recorded in the office of the recorder of each county wherein the Reel Property,or any pert thereof,Is situated. Election of Remedies. Election by Lander to pursue any remedy rry emedy sitars not exclude pursuit of any other remedy, end an election to make expenditures or to take action to perform an obligation of Grantor under this Deed of Taut, after Grantor's feiiure to perform, shall not affect Lender's right to declare a default and exercise its remedies. Accelerate indebtedness. Lender shall have the right it its option without notice to Grantor to declare the entire Indebtedness Immediately due and payable,including any prepayment penalty which Grantor would be required to pay. Foreclosure. With respect to all or any part of the Real Property,the Trustee shell have the right to foreclose by notice and we, and Lender shall have the right to foreclose by judicial foreclosure, in either case In accordance with and to the full extent provided by applicable law. UCC Remedies. With respect to an or any pert of the Personal Property,Lender shall have ell the rights and remedies of a secured party under the Uniform Commercial Code. Collect Rents. Under shall have the right,without notice to Grantor to take possession of end manage the Property end concoct the Rents, Including amounts past der and unpaid. and apply the net proceeds, over and above Lender's costs, against the Indebtedness. In furtherance of this right,Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lender, then Grantor irrevocably designates Lender as Grantor's attomey-in-feet to endorse instruments received in payment thereof In the name of Grantor and to negotiate the earn,end collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments are made,whether or not any proper grounds far the demand existed. Lender may exercise its rights under this subparagraph either In person, by agent,or through a receiver. Appoint Receiver. Lender shall have the right to have a receiver eppointsd to take possession of ail or any part of the Property,with the • power to protect end preserve the Property, to operate the Property preceding foreclosure or sale, and to cokect the Rents from the • 208 382 7107 clerk auditor recorder 11:13:04 a.m. 03-18-2009 7/10 DEED OF TRUST Loon No: 11452 (Continued) Pogo 8 . Property and apply the proceeds,over and above the cost of the receivership,against the Indebtedness. The receiver may serve without bond if permitted by law. Lender's right to the appointment of I receiver shall exist whether or not the apparent vahe of the Property exceeds the Indebtedness by a substantial amount Employment by Lender shell not disqualify a person from serving es a receiver. I Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sod as provided above or Lender otherwise I I becomes entitled to possession of the Property upon default of Grantor,Grantor shah'become a tenant at sufferance of Lender or the Purclheser of the Property and shah.it Lender's option,either (1) pay a reasonable rental for the use of the Property,or 12) vacate the i Property immediately upon the demand of Lender. Other Rennin. Trustee or Lender shell have any other right or remedy provided in this Deed of Trust or the Note or available at low or in II equity. i{ how which al. Lender shall give Grantor reasonable notice of the time and place of any public ask of the Personal Property or of the time ' f ny private sole or other intended disposition of the Personal Property Is to be made. Reasonable notice shall mean notice my least the ten(1 O01 daysy before the dine of the sale or disposition. Any sale of the Personal Property may be mode in conjunction with Sale of the Property. To the extent permitted by applicable law,Grantor hereby waives any and all rights to have the Property marshalled. In exercising Its rights end remedies,the Trustee or Lender shall be tree to sell all or any part of the Property together or separately,in one sale or by separate ales. Lender shell be enthtd to bid et any public sale on all or any portion of the Property. Notice of sale having been given as then required by law,end not less then the time required by law hewing elapsed,Trustee,without demand on Grantor,shell sell the property it the time and place fixed by it in the notice of sale at public suction to the highest bidder for cash In lawful money of the • United States,payable at time of sale. Trustee shell deliver to the purchaser his or her deed conveying the Property so sold,but without any covenant or warranty express or implied. The rechale in such deed of any matters or facts shall be conclusive proof of the truthfulness of such matters or facts. After deducting all costa,fees and expenses of Trustee and of this Trust,including cost of evidence of title end reasonable attorneys'fees,including those in connection with the sale,Trustee shall apply proceeds of sale to payment of (a)all sums expended under this Deed of Trust,not then repaid with interest thereat es provided in this Deed of Trust; (b)ell Indebtedness secured hereby;and lc)the remainder,if any,to the person or persons legally entitled thereto. Attorneys'Fees;Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of Trust Lender shell be entitled to recover such sum as the court may adjudge reasonable a attorneys'fees at trial and upon any appeal. Whether or not any court action is Involved,and to the extent not prohibited by law,all reasonable expenses Lander incurs that In Lender's opinion era necessary st any time for the protection of its Interest or the enforcement of its rights shell became a pert of the indebtedness payable on demand and shell I bear interest at the Note rate front the date of the expenditure until repaid. Expenses covered by this paragraph include,without Imitation, however wildest to any limits under applicable law,Lender's reesoneble attorneys'fees and Lender's legal expenses whether or net there is a lawsuit, Including reasonable attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any l automatic stay or injunction),appeals,and any anticipated post-judgment collection services,the cost of searching records,obtaining tide reports (including foreclosure reports), surveyors' reports, and appraisal fees, title Insurance, and fees for the Trustee, to the extant permitted by applicable law, Grantor also will pay any court costs,in addition to all other sums provided by law. Rights of Trustee. Trustee shell have all of the rights end duties of Lender as set forth in this section. POWERS AND OfILIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are pert of this Deed of Trust g Powers of Trustee. In addition to all power" of Trustee arising as a matter of law, Trustee shell have the power to take the following actions with respect to the Property upon the written request of Lender end Grantor: la)join in preparing and filing a map or plat of the Real Property,Including the dedication of streets or other rights to the public;'lit)join in granting any easement or creating any restriction on the Reel Property;end (c)join in any subordination or other agreement affecting this Dead of Trust or the Interest of Lender under this Deed of Trust. ObEgetbns to Notify. Trustee shall not be obligated to notify any other party of a pending ate under any other trust deed or lien,or of any action or proceeding in which Grantor,Lander,or Trustee shall be a party,unless the action of proceeding Is brought by Trustee. Trustee. Trustee shell meet ell queaficetlons required for Trustee under applicable law, In addition to the rights and remedies set forth above,with respect twain or any pen of the Property,the Trustee shah have the right to foreclose by notice and eels,and Lender shell hove the right to foreclose by Juditial foreclosure,in either case in accordance with and to the full extent provided by applicable few. Successor Trustee. Lender, at Lender's option,may from time to time appoint a successor Trustee to city Trustee appointed under this Deed of Trust by an instrument executed and acknowledged by Lander and recorded in the office of the recorder of VALLEY County,State of Idaho. The instrument shall contain,in addition to all other matters required by state law,the names of the original Lander,Trustee,and Grantor,the book end page where this Deed of Trust is recorded,and the name and address of the successor trustee,and the instrument shall be executed end acknowledged by Lender or its successors in Interest. The successor trustee,without conveyance of the Property, shell succeed to id the title,power,and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for substitution of Trustee shell govern to the exclusion of all other provisions for substitution. NOTICES. Any notice required to be given under this Deed of Trust,including without Imitation any notice of default end any notice of sale shall be given in writing,and shell be effective when actually delivered,when actually received by telefacsirnile(unless otherwise required by law),when deposited with a nationally recognized overnight courier,or, if meted, when deposited In the United States melt,es first class, certified or registered mail postage prepaid,directed to the addresses shown near the beginning of this Peed of Trust, All copies of notices of foreclosure from the holder of any lien which has priority over this Deed of Trust shall be sent to Lender's address,as shown near the beginning of this Deed of Trust, Any party may charge Its address for notices under this Deed of Trust by giving formal written notice to the other parties,specifying that the purpose of the notice Is to change the perty's address. For notice purposes,Grantor agrees to keep Lender Informed at all times of Grantor's current address. Unless otherwise provided or required by law,if there is more then one Grantor,any notice given by Lender to any Grantor is deemed to be notice given to all Grantors. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a pert of this Deed of Trust: Amendments. This Deed of Trust,together with any Related Documents,Constitutes the entire understanding end agreement of the parties as to the matters set forth In this Deed of Trust. No alteration of or amendment to this Deed of Trust shell be effective unable given in writing and signed by the party or parties sought to'be charged or bound by the alteration or amendment. 208 382 7107 clerk auditor recorder 11:13:59 a.m. 03-18-2009 8/10 DEED OF TRUST Loan No: 11452 {Continued) • Page 7 Annual Reports If the Property is used for purposes other than Grantor's residence, Grantor shall furnish to Lander, upon request, a certified statement of net operating income received from the Property during Grantor's previous fiscal year in such form end detail is Lender shall require. 'Net operating Income'shell mean all cash receipts front the Property tees all cash expenditures made in connection with the operation of the Property. Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to Interpret or define the provisions of this Deed of Trust. Merger. There shell be no merger of the interest or estate created by this Deed of Trust with any other Imarest or estate in the Property at any time held by or for the benefit of Lender in any capacity,without the written consent of Lander. Governing Law. This Deed of Trust will be governed by federal law appikable to Lander and,to the extent not preempted by federal lew. the laws of the State of Idaho without regard to Its ooafkte of law provisions. This Deed of Trust has been accepted by Lender I.the State of Idaho. Choice of Venue. If there is a lawsuit.Grantor agrees upon Lender's request to submit to the jurisdiction of the courts of Valley County. State of Idaho. No Waiver by Lander. Lender shall not be deemed to have waived any rights under this Deed of Trust unlses such waiver is given In writing and signed by Lander. No delay or omission on the part of Lender In exercising any right shall operate es a waiver of such right or any other right. A waiver by Lender of a provision of this Deed of Trust shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compiance with that provision or any other provision of this Dead of Trust. No prior waiver by Lander,nor any course of dealing between Lender and Grantor,shag constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Deed of Trust,the granting of such consent by Lender in any hotlines shell not constitute continuing consent to subsequent instances where such consent is required and In all cases such consent may be granted or withheld in the sole discretion of Lender. BevwablBN. if a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal,invalid,or unenforceable as to any circumstance,that finding shed not make the offending provision Riegel,invalid,or unenforceable as to any other circumstance. if feasible, the offending provision shell be considered modified so that it becomes legal,valid and enforceable. If the oflang ing provision cannot be so modified, it shall be considered deleted from this Deed of Trust. Unless otherwise required by law, the illegality, inveddhy, or unenforcabilhy of any provision of this Deed of Trust shall not affect the legality,validity or enforceability of any other provision of this Deed of Trust, Successors and Assigns. &abject to any limitations stated in this Deed of Trust on transfer of Grantor's interest,this Deed of Trust shell be binding upon and inure to the benefit of the parties,their successors end melons. If ownership of the Property becomes vested in a person other than Grantor,Lender,without notice to Grantor,may deal with Grantor's successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Grantor front the obligations of this Deed of Trust or liability under the Indebtedness. Time is of the Essence. Time is of the essence in the performance of this Deed of Trust. Waiver of Homestead Exemption. Grantor hereby releases and wolves all rights and benefits of the homestead exemption hews of the State of Idaho es to all Indebtedness secured by this Deed of Trust. DEFINITIONS. The following capitalized words and terms shell have the following meanings when used In this Deed of Trust. Unless specifically stated to the contrary,all rafereneea to dollar amounts shag mean amounts in lawful money of the United States of America. Words anti terms used in the singular shall include the plural.end the plural shall include the singular,as the context may require. Words and terms not otherwise defined In this Dead of Trust shad have the meanings attributed to such terms In the Uniform Commercial Coda: Beneficiary. The word'Beneficiary'means Idaho First Bank,and its successors end assigns. Brrower. The word"Borrower"means NEIGHBORHOOD HOUSING SERVICES,INC and Includes all cosigners and co-makers signing the Note end all their successors and assigns. Deed of Trust. The words"Deed of Trust"mean this Deed of Trust among Grantor,Lender,and Trustee,and includes without limitation all assignment and security Interest provisions relating to the Personal Property end Rents. Default. The word"Detouit'means the Default sat forth In this Deed of Trust In the section titled'Default". Environments!Laws. The words "Environmental Laws" mean any and ail state.federal and local statutes, regulations and ordinances rotating to the protection of humeri health or the environment,including without limitation the Comprehensive En*onmental Response, Compensation.and Liability Act of 1980, as amended. 42 U.S.C. Section 9601, at seq. ("CERCLA`►,the Superfund Amendments and Reauthorization Act of 1986,Pub.L No,89499("SARA"1,the Hazardous Materials Transportation Act,49 U.S.C.Section 1801,it seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, at seq., or other applicable state or federal laws, rules, or regulations adopted pursuant thereto. Event of Default. The words"Event of Default'mean any of the events of default set forth in this Deed of Trust in the events of default section of this Deed of Trust. Grantor..This word'Grantor'means NEIGHBORHOOD HOUSING SERVICES,INC. Guaranty. The word 'Guaranty' mans the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including without Imitation a guaranty of all or part of the Note. Hazardous Substances, The words"Hazardous Substances'mean materials that, because of their quantity. concentration or physical, chemical or infectious characteristics, may amuse or pose • present or potential hazard to human health or the environment when Improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled, The words "Hazardous Substances"are used In their very broadest sense and include without limitation any and all hazardous or toxio substances,materials or waste as defined by or listed under the Environmental Laws. The term'Hazardous Substances'also Includes,withan limitation,petroleum end petroleum by-products or any fraction thereof end esbestos. Improvements. The word"Improvements`means all existing and future improvements,buildings,structures,mobile homes effbad on the Reel Property,facilities,additions,replacements and other construction on the Real Property. 208 382 7107 clerk auditor recorder 11:14:48 a.m. 03-18-2009 9/10 DEED OF TRUST Loan No: 11452 (Continued) Page a Isdebtedeses. The word'Indebtedness"means all principal,interest,and other amounts,costs and expenses payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents and any*mounts expended or advanced by Lender to discherge°renter's obligations or expenses incurred by Trustee or Lender to enforce Grantor's'obagudons under dee Deed of Twit,together with interest on such amounts as provided in this Deed of Trust. Lease. The word"Lease"means the base of the Property dated September 28,2006,between CITY OF MCCALL,Landlord and Grantor, which was recorded as follows: RECORDED 10/06/06 AS INSTRUMENT NOS. 314098,314099, 314100,314101, 314102,314103, 314104, 314105, 314106 AND RE-RECORDED ON 12/26/06 AND 12/29/08 AS INSTRUMENT NOS. 316936, 316936, 316934, 316933,316924,310923,316922.316921,316920 IN THE OFFICE OF THE RECORDER OF VALLEY COUNTY,CASCADE,IDAHO. Lender. The word"Lender'means Idaho First Bank,Its successors and assigns. Note. The word "None" means the promissory note dated January 26, 2007, In the 'original principal amount of $1,136,009.00 from Grantor to Lander,together with all renewals of,extensions of,modifications of,refinancings of,consolidations of,and substitutions for the promissory note or agreement.NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE. Personal Property. The words'Personal Property'mean all equipment,fixtures,end other articles of personal property now or hereafter owned by Grantor,and now or hereafter attached or alibied to the Reef Property;together with all accessions,pans,and editions to,all replacements of,and all substitutions for,any of such property;and together with aS proceeds(including without limitation all insurance proceeds end refunds of premkrms)from any sale or other disposition of the Property. Property. The word'Property"means collectively the Real Property and the Personal Property, Reef Prop*rq• The words"Real Property'mean the real property,interests end rights,as further described In this Deed of Trust. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements,guaranties, security agreements, mortgages,deeds of trust,security deeds,consteral mortgages, and all other Instruments, agreements and documents,whether now or hereafter existing,executed In connection with the indebtedness. Rents. The word"Rents'means all present and future rents,revenues,income,issues,royalties,profits,and other benefits derived from the Property. Trustee. The word'Trustee"means First American Title Co.,whose address is 415 Railroad,McCall,ID 83638 and any substitute or successor trustees. GRANTOR ACKNOWLEDGES HAVING READ AU.THE PROVISIONS OF THIS DEED OF TRUST,AND GRANTOR AGREES TO ITS TERMS. GRANTOR: NEIGHBORHO•I • G S:' CES,INC By THO` M Y, a Director of Y eat NEIGHBORHOOD NEIGHS•RH00o NOUN • SEA .4-,INC maw as CORPORATE ACKNOWLEDGMENT STATE OF ZLd ,A )8S COUNTY OF lA ) On this Lita+4 day of•t QflU Y1j• ,In the year 20 O? before ms y ■ rotary public In and for the Stets of Idaho, personally ean � tOMAi M. LAY, Exaoutive—`L Dkictor;J CRAKE NAYLOR,President of NEIGHBORI4000 HOUSING SERVICES,INC,known or identified to me for proved to me on the oath of ), to be authorised signers of NEIGHBORHOOD HOUSING SERVICES, INC, the corporation that executed the Instrument or the persons who executed the Instrument on behalf of said corporation, and acknowledged to me that such eorpa n tine s• n , Js Not fa ���/�++�•/ Residing a"--/r41:441 LG[B.1 C, etasasa My commission expire. , I $ • c � ,c'oeocycl� t 11 }i .rwean •a�. :.. :z::_ # 1 =9t' weer 208 382 7107 clerk auditor recorder 11:15:23 a.m. 03-18-2009 10/10 DEED OF TRUST Loan No: 11452 (Continued) Pepe 9 REQUEST FOR FULL RECONVEYANCE (To be used only when obligations hove been paid in tuft) • To ,Trustee The undersigned is the legal owner and holder of all Indebtedness secured by this Deed of Trust. All sums secured by this Deed of Trust have been fully paid and satisfied. You are hereby directed,upon payment to you of any sums owing to you under the terms of this Deed of Trust or pursuant to any applicable statute,to cancel the Note secured by this Deed of Trust(which is delivered to you together with this Deed of Trust), end to reconvey,without warranty,to the parties designated by the terms of this Deed of Trust,the estate now held by you under this Deed of Trust. Please mai the rsconveyence and Related Documents to; Date' monandry:, Its; MfA .afl.*NS mow M.Nr+Lbfrf ra,M1.tai. At 000111,4ry,o. •e 1040,4071014 10477µf 208 382 7107 clerk auditor recorder 11:08:33 a.m. 03-18-2009 1/10 Valley County ( � P.O. Box 1350 • vY 219 Main Street . ,' . -' �: Cascade, Idaho 83611 ° Phone: 208-382-7100 Fax: 208-382-7107 . FACSIMILE COVER PAGE Bate: March 18, 2009 Number of Pages: 10 (including cover) To: BESSIE JO - CITY OF MCCALL From: Trudy Eignren, Deputy Recorder, Valley County Fax Number: 634.3038 **CONFIDENTIALITY NOTICE** The information contained in this fax is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged,confidential,attorneys'work product,and/or exempt from disclosure under applicable law. If the reader of this message is not the intended recipient(or the employee or agent responsible to deliver it to the intended recipient),you are hereby notified that any dissemination or copying of this communication is prohibited. If you have received this communication in error,please notify us.