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Home My WebLink AboutLEGAL DESCRIPTION - 19-00339 - 113 S 1st E - CUP DormitoryRECORDATION REQUESTED BY: D. Rigby fl'w� Brrik C�� erwxh f P. O. 0= 94 432Ilfillll' FrWry, &db ROY, 10ID 413 BaNi WHEN RECORDED MAIL TO: D. L E6Yk Rigby Branch P.aam64 432 FarnlawMh Way. 9dh a4 Rigby, ID e34a2 SEND TAX NOTICES TO: DR Wood, LLC logo NOM Canyon Road JUN 1 2 2019 OF REXBURG FiretAmaicaRlitl6CompaDy �I��I�I��IIII�I�fI��■�� lo`bZfbIDLC., AA 4WSOD060VO200DOGDDODOGOI RECORDER REXBURG DEED OF TRUST THIS DEED OF TRUST Is dated January 4, 2019, among DPI Wood, LLC, a Utah limited liability company ("Grantor'(; D. L. Evans Bank, whose address Is Rigby Branch, P. O. Box 64, 432 Farnsworth Way, Sults 1114, Rigby, ID 83442 (referred to below sometimes as "Lander' and sometimes as "Beneficiary"); and First American Title Company, whose address In 635 First American Circle, Rexburg, ID 83440 (referred to below as 7rustas" (. CONVEYANCE AND GRANT. Fa VW-" eamldarstlan, Orardor does herby Imvoeaby QaIK bwgNA aMl and convoy In busk won power or Sala, to Truslaa for OM benalk of Lander as aem nary, as of Grantor's film. 11114, son interest In and to the fallowing described mel property. together with all adsting or subsequently erected or liffxed buildings. Improvements and gloms; NI Battalions.rights of way, and appudenanrac: tip water, wstar rims aM ditch lights gndWing stook In utilities with ditch or IMgation fights); and all other rights. ro�alaec and pronn relating 10 the mal PlOpeny. Michelle without Imitation all mklemla, oil, gas, goolhormsl and similar matters, (the RNA Property") located In Medlson County, State of Idaho: PARCEL 1: COMMENCING AT THE NORTHWEST CORNER OF LOT 21N BLOCK 50 OF THE CITY OF REXBURG, MADISON COUNTY, IDAHO, AS SHOWN ON THE RECORDED PLAT THEREOF, AND RUNNING THENCE SOUTH 89 FEET; THENCE EAST 49Y. FEET, THENCE NORTH 88 FEET; I O THENCE WEST 49% FEET TO THE POINT OF BEGINNING. TOGETHER WITH AN UNDIVIDED INTEREST IN A RIGHT OF WAY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 89 FEET SOUTH OF THE NORTHWEST CORNER OF LOT 21N BLOCK 50 OF THE CITY OF REXBURG, MADISON COUNTY, IDAHO, AS SHOWN ON THE RECORDED PLAT THEREOF, AND RUNNING THENCE SOUTH 16% FEET; THENCE EAST 481A FEET; THENCE NORTH 16% FEET; THENCE WEST 491. FEET TO THE POINT OF BEGINNING. PARCEL 2: CONOMR40 AT A POINT 3 RODS EAST OF THE NORTHWEST CORNER OF LOT 2, BLOCK 50 OF THE ORIGINAL TOWNSITE OF REXBURG, MADISON COUNTY, IDAHO, AS SHOWN ON THE RECORDED PLAT THEREOF, AND RUNNING THENCE PAST 3 RODS; THENCE SOUTH a9 FEET; THENCE WEST 3 RODS; THENCE NORTH 89 FEET TO THE POINT OF BEGINNING. ALSO: ONE4'OURTH UNDIVIDED INTEREST IN THE FOLLOWING DESCRIBED LAND, WHICH IS TO BE USED FOR AN OPEN ALLEY: COMMENCING AT A POINT 89 FEET SOUTH OF THE NORTHWEST CORNER OF THE AFORESAID LOT AND BLOCK AND RUNNING THENCE EAST 12 RODS; THENCE SOUTH 1 ROD; THENCE WEST 12 RODS; THENCE NORTH 1 ROD TO THE POINT OF BEGINNING. PARCEL 3: COMAENCING AT A POINT 99 FEET EAST OF THE NORTHWEST CORNER OF LOT 2, BLOCK 50, REXBURG TOWNSITE, MADISON COUNTY, IDAHO, AS SHOWN ON THE RECORDED PLAT THEREOF AND RUNNING THENCE EAST 49.6 FEET; THENCE SOUTH 105.0 FEET; THENCE WEST 49.5 FEET; THENCE NORTH 105.5 FEET TO THE POINT OF BEGINNING. PARCEL 4: COMMENCING AT A POINT 148.6 FEET EAST OF THE NORTHWEST CORNER OF LOT 2, BLOCK 50 OF THE ORIGINAL REXBURG TOWNSITE, AS PER THE RECORDED PLAT THEREOF, AND RUNNING THENCE EAST 79.0 FEET; THENCE SOUTH 105.5 FEET; THENCE WEST 79.6 FEET; THENCE NORTH 106.6 FEET TO THE POINT OF BEGINNING. PARCEL 5: COMMENCING AT THE NORTHEAST CORNER OF LOT 2, BLOCK 50 OF THE ORIGINAL REXBURG TOWNSITE AND RUNNING THENCE WEST 102 FEET; THENCE SOUTH 106.6 FEET; THENCE EAST 3 FEET; THENCE SOUTH 28.6 FEET; THENCE EAST 99 FEET; THENCE NORTH 132 FEET TO THE POINT OF BEGINNING, PARCELS! % COMMENCING AT A POINT 105.5 FEET SOUTH OF THE NORTHWEST CORNER OF LOT 2, t 1 i LCOIJ TSA) BLOCK 50 OF THE ORIGINAL REXBURG TOWNSITE, IN THE CITY OF REXBURG, MADISON J COUNTY, IDAHO, AS PER THE RECORDED PLAT THEREOF AND RUNNING THENCE SOUTH 4209211 NIN NYNNIIIV II�N�aINNIA�N�NIVN 's5050D050210200D00o0E0DG01• DEED OF TRUST Loan No: 4606000802y02 (Continued) Pogo 2 58.5 FEET; THENCE EAST 186 FEET; THENCE NORTH 68.6 FEET; THENCE WEST 168 FEET TO \l 3 THE POINT OF BEGINNING. The Real Property w Its address Is bommanly known as 106 E lot 8 (Parcel 1: RPRRX810500231), 110 E list S (Parcel 2: RPRRXB1O5W210), 116 E list S (Parcel 3: RPFRX1310600190), 122 E let 6 (Parcel 4: RPRRX810500160), 132 E nal S (Parcel 6: RPRRXB1060013C), 113 S 1st E (Parcel 6: RPRRXB10E101160), Rexburg, ID 83440. The Real Property tax identiflcmlon nOmber Is RPRRXB10600231, RPRRX610500210, RPRRXB10SOO190, RPRRXB1D600160, RPRRXB10600130, RPRRXB10501160. Grantor Presently 36Ugrs l0 Lander (also known as Banfldees eary In IRS Dof Thria at) all of Grantor, right. alb, aInterest In em So an pree¢nt am buns losses of the Properly aria al Rants from the Property. In addition, Grantor Starts to Landis a Uniform Cgnmerdat Code seCUrlly interest In the Pemael Property Bid Rents, THIS DEED OF TRUST, INCLUDINO THE ASSIGNMENT OF RENTS AND THE SECURITY IN EST IN THE RENTS AND MRS L PROPERTY, IS OMEN TO SECURE (A) PAYMENT OF THE IIUESTFDNESS AND (6) PFAFORM WE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DUD OF TRUST. THIS D® OF TRUST IS GRAIN AND ACCEPTED ON THE FOLLOAINO TEAMS: PAYMENT AND PERFORMWed DE Except IS Ou0nolle PMWOd In this DeOf Trust. Grantor shoo pay t0 Lender all amounts secured by this Dead or Trust M they became due, and Mail smog and In 8 timely manner perform all Of Grantors obligations Under the NPN, this Deed of TWO. aro Ore Related DowmemN. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor, possession and use Of the Properly shall be govened by Um following provWons: PopMasr ad Usc Until the occurrence, of an Evers of Dela. a, Grantor may (1) remain In possession and control or the Property; (2) "a. operate m manage me Properly; Am (3) colled the Rents no. the Property. The follewing provbIons mss to the use of the 'OP." a W Omer Small on We Property. THEREALPROPERTY IS NOT KNOW THAN E1GIfT'/ (80) ACRES AND IS NOT PRINCIPALLY USED FOR THE AGRICULTURAL PRODl1CTON OF CRPS, OLIVESTOCK DAIRY OR AGUATIC GOODS, OR IS NOT MORE Duty to Mtlmaln. Grantor shall maintain the Propene N Noentable condition ane promptly perform NI realm, replaMirram e,, am maintenance MMNary 10 pa-Mv Its val". Cemplenca With En numm mal Lewin. Grantor represents aro wananis to Larder Thal: (1) Guano the "Add of Grantors aw lmop of Me Propelry Mem hes been no USA, genes am. manufacture. storage, lmatmenL deposal, nalesse or mmnaned mkN aAt any HazaNWe Smstance Oy a" pdrbn on, under, about or hom the Property; (2) Grantor has M knowledge of, or mason to team that nota No been. except as previously disclosed to and acknowledged by lode, In wilding. (a). any breach Or vRxMon of any Environmental Laws. (b) any use, genereUOn, manufddure, storage, treatment MMOSa. mlea us or mreateMO release of any Hazartow Substance on, Under, about or ham the Property by any pror o nom Or occupants of me Property, or (c) any actual or threatened pUpsnon or claims of any Sum by arty person mmung to aucn matters; area (31 Except M previously disclosed la end aemo di dged by Lader In writing. (a) rumor Grantor nor any tenant, contractor. agent or Omer authorized suer of the propene anon uss, generate, manufacture, store, Veal ei6poM of Of release any Hazardous Substance on, under, about a from the Property;', and (b) any such Activity shat be conduced In canptiame with all ogalcaNe federal, stale, and local Jews. regulations and ordinances, including without WARRIon all ErnNonmemal Laws- Grantor stmro nus Larder and 18 agents IO enle( upon the Properly to make such 111611ldbnS and tests, of GreMOrs expense, a6 Larder may dean eppr0prlam t0 desrmme commence of the Property with the Sniron of the Deed of TMA]. Any Inspegpne of tests made by Lander shah be for Lodars purposes only Sind area mol be 001e01AW 10 paste any mspomibinty or Aablliry, 0n the pan of Larder to Grantor Or to any other Demon The repratBmlaliona am warrenlles Mnlaindd herein pre based M Grantor, due cligenre M mYe6UgaVng me Properly for Huard" Substances. Grantor r army (1) midis ad warves any future claims some( Leder for lndemmty or conmbulinn In the event Drente( became, Gable for damp or other costs under any such laws; am (2) agrees to indemnify, defend, end hold harmless Lader against any aid all Wims, losses, Iobatles, Oam19e6, POROUS$. and expenses which Larder may diradiy or mdlrac , sustain or SUmet rswsng from a breach of this Section of the Geed Of Trust Or rte a Wrx6egUMce of any use, gemaalbn, nbmfaafure. storage, disposal, mkm Of Ihraelene] mIO M amum ng prior t0 Grmfors Ownership or Menest In me Property, weather a not the "" Was Or should haw been known t0 Counter. The Provision, of this Motion of Me Dsed of Trust, Including Me pollq�can t0 NdBmNfy am dognd. ~ OUMN the PPYmam of eq Memmeonon. and the caNraction am mCenvayance of IM ham pt this Daad of Tryst and aha, not be Attached by Lader, ooqulmlen of any Interest In Uel Property, whemer by fomcdsum or olhero9ae. Nulix"co, Waste. Grantor alas not cause. conduct Or permit any nufsanee An; commit permit. or suffer any skipping of or waste on or to the PMOenY a any WnIGA of the Property. Whom Smiling She generally of the foregoing, Grantor will mol MAI or gram many order PARTY the right 10 remove. My limber, MVe to (Including dl Snd gas), coal, clay. scoria, Boll, growl or mut products without Lenders prior written consent. Removal of Improvements. Grantor shell rid demolish or remove any hnprorements hall the Peal Propene wIMOUl Lender, prior wnnen concern. As a conaelon to the removal of My ImOMW m tS. Ladermay requtre Grantor to make MrAgaoents saUesQory to lender to replace Such improvements with Improvements of at taut equal value. Lenders IWIeI to Eder, Leader am Lamers agents and repmsemptives may enter upon the Rea Property at all muMM a hmea to aftend to LendaM1 Interests and to Insped the RMI Property for purposes of Grantors compliance with the terms am comdsoe of this Deed of Trus. ComPRMW Inch Oovemmamal Readnarnms. Grantor ansa promptly comply with 90 laws, ordemcas, am regdedns, now Or hereafter M effect, of as governmental aumomies applicable to the use Of occupancy or tut Propene, mdumng whhOW IMilmm, the Americans With Disabllales Act. Grantor may conlost In good farm any such taw, ordlnante, of regulation and wilmold compliance our" any Oroceedmg, Induding MPrMrlas appeals, Ad long AS Grantor has notified Lader n writing prior to doing So so so long as, In Lenders sole opinlon, Lamers Interests In the Property am not jeopardized. Ledermay moulm Grantor l0 post adegUas Seclriy Of a surety bond, reasonably 5810400ry to Lander. 10 protea Lenders interest. MAY t0 PMWA. Grantor agrees neither to abandon or leave unamended the Propery. Grantor shall do all other ace, M ed"on to those ads Set form above in [his section, which from the Chander and use of the Properly am mswnably eceMery 10 protect am positive the Property. DUE ON 844 - CONSENT 9Y LENDER Larder may, at Lenders option, madam knaed%tely due and payable e0 sumo secured by this Dead of Trust upon IN cos or heroes without Landses prior written consent, of of or any pan of the RMI Propene. or any inlerest h IN Rea Plopsrrryry A'eee W transfer" means the conveyance Of RW TYOPeny Orany right Ali# of interest In me Real PmpOM: whetter IapLL beneAdbl ar Mull be; whether voluntary of Involuntary; whether by ouinght ass. deed, Installment us contract lord contract, contract for deed, leasehold msmet with a term greeter than three (3) yeas, loneroygon conuecl, or by 50K assignment. of transfer of aro benefice Interest an or t0 my lad Wal hall Me to ma Rei Properly, a by My other method of conveyance of M Interest In to RW Property. If ay Grantor is a cmpontion, peandrehlp or limit" luxury company, Transfer also mdudes any change in ownership Of mom man twenty M. percent (25%) Of me voling aica. pedmmNp Insmets or Tended OabOiy companyinsress, M ue Mee maybe, of such Gnnta. However, this option shin not be overdsed by lander It sum "areas is pronibnM by mdeml taw a by Idaho law. TAXES AND UEN9. The following Provisions relatlng to Me face and pens an the property em pan of this Geed of Thum. w818r 8th Grantor pa when am Gm M all evems prdr to d"mmincy) an taxes, Modish takes, auuml m, OR a (StarWmS rnposlllMa levied e0alnal or On account OI /he Propene. ad anaa DaY wren due an Jaime for work done on or 420921