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1 d ii ill August 24,2021 To the City of Twin Falls Re: Islamic Center of Twin Falls Private Islamic Burial Grounds at 2345 Orchard Dr. E,Twin Falls,Idaho Ladies and Gentlemen of the city: We have acted as counsel to the Islamic Center of Twin Falls,a nonprofit organization ("Islamic Center"), in connection with the purchase of land located at 2345 Orchard Dr. E in Twin Falls(the"Property). The RE-21 Real Estate Purchase and Sale Agreement is attached hereto as Exhibit A(the "Agreement").As you are aware,the Islamic Center intends to purchase this land for the purpose of creating private Islamic burial grounds so that the local Islamic community has the option of burial according to their faith and custom.This opinion is being delivered to you pursuant to Section 10-12-5-7(B)of the Twin Falls City Code.This section requires a statement from an attorney that adequately assures the compliance of the proposed grounds with the procedural management requirements that are outlined in title 27, Idaho Code. The City of Twin Falls may be referred to in this document as the "City". As counsel,we have examined and relied upon originals or copies,certified to our satisfaction,of the following documents: a A. The RE-21 Real Estate Purchase and Sale Agreement(the "Agreement") (Exhibit A); B. Idaho Code Sections 27-101,et seq. ("Idaho Code"); C. Twin Falls City Code Section 27-12-5-7("Twin Falls Code"); D. Twin Falls County Cemetery District Maps, located at hgps://twinfaliscounty,.org/elections/election maps!,(Exhibits B&C); and E. Craig Paul email to the City and Islamic Center, dated June 3,2021,(Exhibit D). We have assumed that the documents we reviewed in connection with this opinion which purport to have been executed by parties have been duly executed and delivered by such other parties, that such other parties have all requisite power and authority to enter into and perform all obligations thereunder, that execution and delivery thereof by such parties have been duly authorized by all requisite action, and that the subject documents are valid and binding upon, and enforceable against, j said parties. 1 i We have assumed the authenticity of documents submitted to us as originals,the genuineness of all signatures thereon, the legal capacity of natural persons executing any documents and the conformity to originals of all documents submitted to us as copies. Whenever our opinion with respect to the existence or absence of facts is indicated to be based on our knowledge or awareness,it is intended to signify that during the course of our representation,no information has come to our attention which would give us actual knowledge of the existence or absence of such facts. We have not undertaken any independent investigation or verification to determine the existence or absence of such facts,and no inference as to our knowledge of the existence or absence of such facts should be drawn from our representation of the Company or the Subsidiary. The words"to our knowledge" or the like are intended to be limited to the actual knowledge of Brian Hilverda,the only lawyer within our firm who has performed substantial work on matters on behalf of the Islamic Center. We have also relied upon the representation and warranties of the Islamic Center,and we believe our reliance on the same is reasonable. We are attorneys admitted to practice in the State of Idaho and we express no opinion with regard to any matter which may be governed by any law other than the federal law of the United States of America,the laws of the State of Idaho and,to the extent necessary to render this opinion, the general cemetery law found in the Idaho Code. Based upon the foregoing,and subject to the qualifications set forth herein,we are of the opinion that: (i) Title 27, Chapter 1,of the Idaho Code (§§27-101 — 12-129)is entitled Cemetery Maintenance District Law.Twin Falls County only has two cemetery districts. One is located in Filer;the other is in Buhl.(Exs. B&C).As the land purchased in the Agreement is not in either one of those districts,these sections do not apply to the Islamic Center,the property, or the City. i (ii) Title 27,Chapter 2(§§27-201 —27-206)is entitled Rural Cemetery Associations. Most of the chapter has been repealed.However,those sections that still exist, deal with creating a nonprofit organization for rural cemeteries.Therefore,this Chapter does not apply to the Islamic Center,the property,or the city. (iii) Title 27,Chapter 3 (§§27-301 -27-310)is entitled Rights and Title to Cemetery lots.Again,most of this chapter has been repealed. The remaining sections in this chapter deal with the sale and title of cemetery lots.The Islamic Center states that it will not sell cemetery lots.Instead,as-a private Islamic burial grounds, it will be available without charge to members of the Islamic Center.As a result,the requirements for lot title issuance,title registration,sale and transfer of title do not apply to the Islamic Center,the property,or the City. (iv) Title 27,Chapter 4 is entitled Endowment Care Cemetery Act.The act governs commercial cemeteries that are selling lots that are considered"perpetual or endowed care cemeter(ies). §27-403(c). Such cemeteries are those that are sold or transferred under the representation that the cemetery will maintain the landscaping at no further charge to the title holder. Id. As the Islamic Center will not be selling or transferring lots,this chapter does not apply to the Islamic Center,the Property,or the City. (v) Notwithstanding the opinion in Paragraph(iv), in discussions with the Islamic Center, we have reviewed its plans to improve the land,to maintain its beauty,and create a space that honors the deceased in accordance with their faith and custom. Additionally, the members of the nonprofit have represented that their discussions with the city have been beneficial as far as guidance for the beautification and improvement of the land, including discussions on debris removal, building repairs, and parking. These plans would satisfy the definition of endowed or perpetual care as found in §27-403(b).The Islamic Center's commitment to improving and maintaining lands is demonstrated by its continued efforts to improve and maintain the Islamic Center building located on Addison Ave. in Twin Falls.Additionally,the grounds will be looked after by members of the Islamic Center and secured with a locked gate and a security camera system. (vi) Title 27,Chapter 5 is entitled Protection of Graves. (§§27-501 —27-504). The Islamic Center is aware of and fully committed to abstaining from the prohibited acts found in Idaho Code §27-502. Engaging in any of the described acts would be contrary to their faith and custom.As such,we are of the opinion that the Islamic Center will adhere to all the requirements and prohibitions in this chapter. (vii) We have relied on the representations of the South Central Public Health District's Environmental&Public Health Preparedness Director, Craig Paul,CPSS,REHS. In his expert opinion,the proposed use of the cemetery would put less of a strain on the septic system that the prior use of the Property.As such, it is our opinion that the private Islamic burial grounds will comply with the environmental health requirements of a cemetery. The Islamic Center understands that should said system fail, it will go through the permitting process for repair and/or replacement of the system. (viii) That after through review of the Purchase Agreement,the relative Idaho Code and City Code,other referenced documents,and representations referenced herein,we are of the opinion that the Islamic Center use of the proposed private Islamic burial grounds will comply with the procedural management requirements found in Idaho Code Chapter 27. The opinions expressed herein are subject to the following qualifications: (i) The opinions expressed herein are subject to the effect of applicable cemetery law as found in Idaho Code and City Code. We also express no opinion herein as to any provision relating to choose of law or consent to jurisdiction. (ii) Our opinion is given as of the date hereof and we assume no obligation to update or supplement this opinion to reflect facts or circumstances which may hereafter come to our attention or any changes in law which may hereafter occur. This opinion is delivered to you solely for your benefit in compliance with the City Code and is not to be used,circulated or referred to by you for any other purpose or by any other party without our prior written consent. Sin cerel , t ran J. Hilverda HILVERDA MCRAE, PLLC I I d I I Exhibit A a I s i 3 I JULY 2019 e �> RE-21 REAL ESTATE PURCHASE AND SALE AGREEMENT EDITION THIS IS A LEGALLY BINDING CONTRACT,READ THE ENTIRE DOCUMENT,INCLUDING ANYATTACI•IMENTS. 'g''� IF YOU HAVE ANY QUESTIONS,CONSULT YOUR ATTORNEY AND/OR ACCOUNTANT BEFORE SIGNING. I.R`J'AHO page 1 of a ` L � 4 r NO WARRANTIES,INCLUDING,WITHOUT LIMITATION,ANY WARRANTY OF HABITABILITY,AGREEMENTS OR REPRESENTATIONS NOT EXPRESSLY SET FORTH HEREIN SHALL Be BINDING UPON EITHER PARTY. iD# AC98S03447 DATE 051292021 2 LISTING AGENCY liar WIIIiams dun Vaitey Southern Idaho Office Phone# 3Q$Z 4=1991 Fax.# 3 Listing Agent. Aloesha lCochran E-Mail ateeshaftw-com Phone# 20 -4.1.0 9570 4 SELLING AGENCY Kgllier Willia{T .Sn Mail!SoUthern Idaho Office Phone# 208 N-1991 2" s Selling.Agent Afeesha M Cochran E-Mail aleesha@ttw.com Phone# 208 10-9570 s r 1.BUYER: Islamic Center of.Twin Faille s (Hereinafter called"BUYER')agrees to purchase,and the undersigned SELLER agrees to sell the following described real estate hereinafter referred to as 9 "PROPERTY"COMMONLY'KNOWN AS- 2314E C3rehard Dr lr 10 City Twin FaIla County .Twin.Falls .ID,Zip 83301 legally described as: it TWIN FAI t 31 ACRES INSIDE,W IQ3'OF TAX � -i©-i� 12 OR Legal Description Attached as exhibit .(Pxhlbit mi.0t accompany original offer and be signed or initialed by BUYER-and SELLER.) 13 14 2. $ 200. op PURCHASE PRICE: Two Hundred Thousand DOLLARS, is payable upon the following TERMS AND CONDITIONS(not including dosing-costs): is This offer is contingent upon the sale,refinance,and/or closing of any other property 11 Yes ®No{N/A if left blank) n ie 3. FINANCIAL TERMS: Note:A+D+E+F must add up to total purchase price. i9 20 (A). 2A00AQ EARNEST MONEY: Two Thousand DOLLARS 21 BUYER hereby offers the above stated amount as Earnest Money which shall be credited to BUYER upon closing.Earnest Money is/will be: Evidonced by, Held By: D.elfyered: Depnsfted: O Cash P Responslbte Broker 10 With Offer O Upon Receipt and Acceptance O Personal Check ❑Closing Company © Within__4_business days(three[31 if 0 Upon Receipt Regardless of left blank)of acceptance. Acceptance fill Cashier's Check ❑ See Section 4 O See Section 4 0 See Section 4 Ci Wire Transfer •Note ❑ See Section 4 22 23 THE RESPONSIBLE BROKER SHALL BE: Nansv Giabeemann 24 25 (B).ALL CASH OFFER: ONO :MIYES If this is an all cash offer.do riot complete Sections 3D and 3E,fill blanks with"0"(ZERO).iF CASH 23 OFFER,BUYER'S OBLIGATION TO CLOSE SHALL NOT BE suajeCT TO ANY FINANCIAL.CONTINGENCY,BUYER agrees to provide SELLER 27 within ¢_business days(five.[5)if left blank)from the date of acceptance of this agreement by ail parties written confirmation of suf elent�funds and/or 28 proceeds necessary to close transaction.Acceptable documentation Includes,but is not limited to,a copy of a recent bank or financial statement. 29 30 (C)Cash proceeds from another sale:❑Yes ®No(N/A if left blank) 31 32 (D).$_ moo NEW LOAN PROCEEDS:If'e number greater than zero appears in the preceding blank,then this Agreement is 33 contingent upon BUYER obtaining the foticiwing financing: 34 FIRST LOAN of!; not including mortgage insurance,through OFHA, LIVA, DCONVENTIONAL, ❑IHFA, ❑RURAL 39 DEVELOPMENT, b0 THER with interest not to exceed. _ _%for a period of years)at: OFixed Rate 00ther as In the event BUYER is unable,after exercis(ng good faith efforts,to obtain the indicated financing,BUY` R's Earnest Money shall be returned to BUYER. W SECOND LOAN off through DFHA, fJVA, ❑CONVENTIONAL, ❑IHFA, ORURAL DEVELOPMENT, t30THER 30 with interest not to exceed %for a period of _ . .year(s)at OFixed Rate 130ther 39 40 LOAN APPLICATION:BUYER Ohas applied OR Llshall apply for such Ioan(s). Within_20 business days(ten[I III if left blank)of final acceptance 41 of all parties,BUYER agrees la furnish SELLER with a written confirmation showing lender approval of credit rapott,income verification,debt 42 ratios,and evidence of sufficlent funds and/or proceeds necessary to close transaction in a manner acceptable.to the SELLER($)and subject as only to satisfactory appraisal and final lender underwriting.If an ripprafftai 1s requfred.by lender,the Pt OPERTY:must appraise at not.tess:than 44 PURCHASE PRICE or BUYER'S Earnest Money shall be returned at BUYER'S request unless SELLER,at.SELLER'$sole discretion,agrees to reduce 46 the purchase price to meet the appraised value,in which case SELLER shall be entitled to,a copy of the appraisal and.shall have 24 hours from receipt 46 thereof to notify BUYER of any price reduction.BUYER may also apply for a loan with different conditions and costs and close,transaction provided eft 47 other terns and conditions of this Agreement are futfrlfed,and the new kan does not increase the costs or requirements to the SELLER. 49 49 so FHA t VA:U applicable,it is expressly agreed that notwithstanding any other provisions of this contract;BUYER shall not be obligated to complete the 61 purohabe of the-PROPERTY described herein or to incur any penalty of forfeiture of Earnest Money deposits or otharwise unless BUYER has heen given BUYF�$Initials(k .' Date.,—rl'pL�� V ' SELLER'S Initials j _ }DatetO 'i This form is p irYmd and d1oWbulecl.bYlhe Idaho Association or REALTORSO,Inc.This form has been dosignad and ts,provided for Use by the real estate proresiionels who are members of the idaft ` R PERSON IS PROMWED.®Copyright kel o Asscdedon d REALTORSO,Inc Ali rwhts rescued. ' JULY 2019 EJ1)T(ON Ase�atencrRenLTOR RE 21 REAL ESTATE PURCHASE AND SALE AGREEMENT Page 1 of 8 This forin-wos pritpared by AMesha M Cochran I Keller Yvlltiarns Sun Valley Southern Idaho I aleestwOkw:com 1208-410-9570 Exhibit A a I 3 i i i JULY 2012 EDITION RE-21 REAL ESTATE PURCHASE AND SALE AGREEMENT Page 2 of 8 PROPERTY ADDRESS:2345—Orchard Dr.E Twin Fatima in 8330i. ID#. AC98803447 52 in accordance with HUD/FHA or VA requirements a written statement by the Federal Housing Commissioner,Veterans Administration or a Direct 53 Endorsement lender setting forth the appraised value of the PROPERTY of not less than the sales price as stated in the contract. 54 55 If such written confirmation required in 3(8)or 3(D) is not received by SELLER(S)within the strict time allotted,SELLERS)may at their option cancel this 55 agreement by notifying BUYER(S)in writing of such cancellation within 3 business days(three[31 if left blank)after written confirmation was required. 57 If SELLER does not cancel within the strict time period specified as, forth herein,SELLER shall be deemed to have accepted such written confirmation 58 of lender approval or waived the right to receive written confirmation and shall be deemed to have elected to proceed with the transaction.SELLER'S 59 approval shall not be unreasonably withheld. eo 61 (E).S ADDITIONAL FINANCIAL TERMS: 62 El Additional financial terms Are specified Under the heading°OTHER TERMS AND/OR CONDITIONS"(Section 4). 63 0 Additional financial terms are contained in a FINANCING ADDENDUM of some date.attached hereto,sighed by both parties. 54 65 (F).S . 194,000.00 APPROXIMATE FUNDS DUE FROM,BUYERS AT CLOSING(Not including Closing costs):Cash at closing os to be paid by BUYER at closing in GOOD FUNDS,includes:cash,electronic transfer funds,certified check or cash(er's check. 67 Be 4..OTHER TERMS AND/OR CONDITIONS:This Agreement is made subject to the following special terms,considerations and/or contingencies which 69 must be satisfied prlcr to closing 7o 1.Earnest money to be deposited within 5(five)business days of an acoepted.offer per selling agents office policy. 71 2.Additional Earnest money in the amount Of$48,000(forty-e[ght thousand dollars)to be delivered and all earnest money to be non refundable after removal of inspection contingency. 73 3.Sellers to mark property pins. e. , ez �id[�eJe��t ►' A - � I 6 a 75 74 QQQ ' .� y�QyfJ� 76 .yl3:r4E ,� 77 78 79 80 s.ITEMS INCLUDED&EXCLUDED IN THIS SALE:All existing fixtures and fittings that are attached to the PROPERTY are INCLUDED IN THE e1 PURCHASE PRICE(unfew excluded'below);and shall be transferred free of'llens and.in as-is condition.These include,but:are not limited to;all sblier-owrled s2 attached floor coverings,television wall mounts,sateli€ts dish,attached plumbing;bathroom and lighfing fixtures,windowscreens,screen doors,storm'doors, e3 storm windows,window c:pvelings,garage door opener(s)-and trans€tlitter(s),exterior'trees,plants Or shrubbery,waterheating apparatus and fixtures,attached 84 fireplace equipment,awnings,ventilating,cooling and heating.systems,all ranges,ovens,built-in dishwashers,fuel tanks,and irrigation fixtures.And squioment,- e5 that are now oil or used in.connection with the PROPERTY and shall be included in the said unless otherwise provided herein. BUYER.should satisfy 88 himsatHherseif that the condition of the inchitled items is acceptable.The fermis stated in this section shall control over any oral.statements; prior written e7 cornmunioations and/or prior publications including but not limited to MLS listings and.advertisements.Personal property described ins.a property disclosure Be report shall not be inferred as to be included unless spec€ficaity set forth herein. it is agreed that any item included in this section is of nomirfai valueless than e9 so 91 (A).ADDITIONAL ITEMS SPECIFICALLY INCLUDED IN THIS BALE: .. ._ ... _ .. 92 94 as s6 (BL ITEMS SPECIFICALLY EXCLUDED iN THIS SALE: s7 Sellerrs personal property. 98 99 t80 foi 6.MINERAL RIGHTS, Any and all mineral rights appurtenant to the PROPERTY and owned by SELLER are included in and are part of the sale of this foe PROPERTY,and are not leased or encumbered,unless otherwise agreed to by the parties in writing. 103 184 7,WATER RIGHTS:Any and all water rights including but not limited to water systems,wells,springs,lakes,streams,ponds,rivers,.diteh#s,ditch fights, ies and the Ike,H any,appurtenant to the PROPERTY and owned by SELLER ate Included in and are a part of the sale of this PROPERTY,and are riot leased time or encumbered,unless.otherwise.agreed to by the paities in writing. 107 toe 8.TITLE CONVEYANCE:Title of SELLER is.to be conveyed by warranty deed,unless otherwise provided,and is to be marketable and.Insurable except lea for tights reserved in federal patants,state or railroad deeds,building or use restrictions,buildtng and zoning regulations and ordinances of any governmental 110 unit,and rights of way arid easements established or of record.Liens,encumbrances or defects to be discharged by SELLER may be paid out of purchase 11 f money at bate of closing. No liens,encumbrances or defects which are to be discharged or assumed by BUYER or to which tMe is taken subject to,exist i12 unless otherwise specified in this Agreement. 113 114 115 116 117 118 115 BUYER'S Initials( 1{ - 1 Dete r ! SELLER'S Initials Gate is VZ rds form Is printed and CrW.buled byyera Idaho Associelion of REALTORSS,Inc.This form has been designed and is provided:for tme by the real estate profoseonats�who are members of the Idaho Association of REALTORS4l.USE OYANY OTHER PERSON IS PROHIBITED,0GdpyrW.Idaho Associalion orREALTORS0,Inc'.All fights raskiG d. JULY 2019 EDITION RE-21 REAL ESTATE PURCHASE AND SALE AGREEMENT Page 2 of 8 This form was prepared by Aleesha M Chien€Keller Williams Sun Valley Southern Idaho t aleesha@kw.com t 2a8-410.9S70 3 I V i f i 4 JULY 2010 EDITION RE 21 REAL ESTATE PURCHASE AND SALE AGREEMENT rage 3 of 8 PROPERTY ADDRESS:2345 Orchard Dr,E Twin Falls IQ $3301 .ID#: AG98803447 120 9.TITLE INSURANCE.There may be types of title insurance coverages available other than those listed below and parties to this agreement are iv advised to talk to a title company about any other coverages available that will give the BUYER additional coverage, 122 tea (A).PRELIMINARY TITLE COMMITMENT AND COMB:Within 10 business days(six[6]it left blank)of final acceptance of all parties,XSELLER or 124 [iBUYER shall furnish to BUYER a preliminary commitment of a title Insurance policy showing the condition of the title to said PROPERTY ltjL4 a copy of 126 any covenants,conditions and restrictions(CC&Rs)applicable to the PROPERTY.BUYER.shall have 2 business days(two 12)It left blank)after receipt 1sa of the preliminary commitment and CC&Rs,within which to object in wfiting to the condition ofthe title orr CC&Rs as set forth in the documentation provided. 121 if BUYER does not so object,BUYER shall be deemed to have accepted the conditions of the title and CC&Rs.If the title.or said PROPERTY is not 128 marketable,and cannot be made so within 2 business days(two[2)if left blank)after SELLER'S receipt of a Written objection.and statement of defect 120 frvrn.BUYER.of if BUYER,objects to the OC&Ra,then BUYER'S Earnest Money deposit shall be returned to BUYER.and SELLER shall payfor the cost of 1a0 title insuranc a cancellation fee,escrow and legal fees.if any.Nothing contained herein shall constitute'a waiver of BUYER to challenge CCaRtenins directly 131 with a homeowner's association after closing. 132 1s14 (8).TITLE COM#PAW:The parties agree that .Title.One Corg Title Company 134 located af�1411.Falls Ave Ste,1.121 Twin EPIW ID 83301 . shall-provide-the ti'tie policy and preiirrihiaiy,repori bf commitmeriL 135 t3s (P).STANDARD COVERAGE o4trwWs POLICY:SELLER shaft within a.reasonable time after closing furnish to BUYER a.Cltie insurance policy in the 137 amount of the purchaae:pribd of the PROPERTY showing marketable and Insurable title subject to the hens,encumbrances and defects elsewhere set out M in this Agreement to be discharged or assumed by BUYER unless otherwise provided herein.Tl*risk asaurtl.ed by the title company in the standard 130 coverage pdtloy is limited to matters of public record:BUYER shall receive a ILTAJA.TA Owner's Policy of Tile insurance.A title ComI�)any,at BUYER' 140 request,aart'provide information about the availability,desirability,cavetAge and cost of various title insurance Beverages and.endorssrnsnts.If BUYPR 141 ddsir09 011te coverage oftter than that-fequited by this paragraph,BUYER shall instruct Closing company in writng.aiid pay any inctease:in Cott untess 142 otherwise provided herein. i43 144 (D).EXTENDED COVERAGE LENDEKS POLICY(Mortgagee-.pollpy):The tender may require that BUYER(Borrower)furnish an i 44ftded Coverage 145 Leader's Policy,This extended coverage tender's policy Considers matter$.of public-record and mdtlitfilnafiy Insures against 06ttafi}mafthi§661t stkivrri in flit 146 public record.This I$Xtianded Cove"lenders policy is solely for the benditt ofthe render and only:protects the tender, 147 148 1 G.INSPECTION:(A).BUYER.chooses.Mte Conduct inspections Onot to conduct inspections. If BUYER chooses not to conduct inspectors;skip toe Sections t fj(i3)and(C). if indicated,this Contract is Coltirigant upon BUYEfi'S approval of the condition of the l�ItQPEFtTk and BUYER shall have the right 1so to conduct'inspections.,Investigations;tests,surveys and other studies at BUYER'S expense.BUYER is strongly advised to exercise these rights and to rfaks tat BUYER'S own selection of,profassionals with appropriate qualifroations to conduct inspections of the antiYe PROPERTY..BUYER shall keep the PROPERTY 1s2 free and clear of liens;irrdernriffy and hgk(SELLEf't harmless from all Eiabilify,claims,iiaiTtandg,damages and costs,and repair any damages arising from the f6a inspections. SELLER.shAli make the PROPERTY available for inspection and agrees to accept the responsibility and expense for'ntaking sure all the utilities is4 are turned on no later than 2 business days(two[2i if left blank)from acceptance for the inspection.except for phone,cable and Internet. No inspeieticins 155 may be,made by any'governmental building or zoning Inspector or government employee without the prior consent ttf SPELLER unless required.by 1ss local law. 1s7 ,so ❑This offer is subject to a short sale approval by a mortgage Company,the tiriiefratne(s)for completing inspections shall•begin upon written approval of 159 the short sale by the mortgage company and/or all Ikon holders. 100 161 (B)TIMEFRAME(S)FOR.INSPECTIONS _ 111z is3 1)PR iltlARY INSPECTi=fit+yer's inspection contini ien(v allows a BUYER to conduct a general Inspection of the PROPERTY Which includes all aspects 164 of the PROPERTY,including but not llrntied,to neighborhood,conditions,zoning and useallowances,-environmental conditions,epplicable school districts 1S5 and/or any other aspect pertaining to the PROPERTY of related to the living environment at the PROPERTY; hereinafter referred to as thte Pftary 166 Inspection. Except for additiionat items or conditions sp6cinCatly reserved in a Secondary Inspedtion.below BUYER shall within_11L business days(five ter [5)if left blank)of acceptance,tomp[ete.these inspect ens and give to SELLER written notce:of d sc(lp;gved'ifems1coridittong tsr rertttert tlbtice aftertnir+sti4n 160 of this Agreement based on an unsatlsfaCtary inspettlori.Once BUYER delivers written notice to SELLER it.shali end 6UYER'S tirneframefor inspections ias other than those spec mal]ly reserved in a Secondary Inspection-below and is irrevocable regardless of if It was provided prior to the dead$rra stated above, 170 r71 2)SECONDARY INSPECTION:Items or cofidaions marked below,if any,allow BUYER the indicated additional tirriri to conduct inspection of only those 172 items or oondilions.If not Indicated below BUYER may still conduct these inspections but must do:so under the 10(6),(1)Prirnary Inspection timefrAme. 173 BUYER shall,within each fifnaframe stated below,complete the inspections indicated and give to SELLER written no(ioe of the disapproved item/condition 174 or wn3ten notice of termination of this Agreement'based on an unsatisfactory inspeption of that rtefritcondition.Onto BUYER delivers written notice to 176 SELLER it shell end BUYEfe$firneframe for only ih8t ikemieondition and is irrevocable regardless of If ft was provided'pnor t'o She deadline stated below. 176 Anil notice provided under this subsection is unrelated to a notice provided under subsecilon 10($)(1).BUYER shetl,tre responsible for the cost of all 177 indicated inspections unless othenvise,rioted in the Costs Paditsecticrl or elsewhere herein.BUYER reserves the right tdronduct the following Inspections 170 outside the Orimary Inspection timeline: 170 ❑Dorrestic Well Water Potability and/or Productivity'Tesf which shall be completed and notice provided within business days(ten(10)If left Lao blank)from acceptance. 181 []'Septic inspection'and required Pumping which shall be completed and notice provided within business days(ten(101 if left)dank)from 182 acceptance_ 1aa ❑Survey which shall be completed and notice provided Within_buslnesss days;(fen[1 it left.blank)from acceptance. Las 10Other inspection#1: _P IC Test which shall .e completed and notice provided within 1.0 business 185 days(ten[101 if left blank)from acceptance. .. . . - 186 10 Other Inspection#2 „Prone iris which shall bee completed and notice provided within 10 business Mi days(ten 1101 if left blank)from acceptance. IN Ias ISO 1� " BUYEt2.S Initials( ,�( :. 1 Date . r ` �G SELLEWS Initials date This ham is pritsed aril distoVed by ft ldahoPp4"im of REALTORM Imo This torn has hewn dstoied ern/is provided forme by the reol estole proNssionals who are members of the tdstw Assodkdion of REALTORS&USE We ANY OTHER PER59N 15 PROMBITEP.0Cii0yngMWzho A3s6da•6on 61 REALTORSIV,iris:All tohts iessmad. ylULY 2019 EDITION RE-21 REAL ESTATE PURCHASE AND SALE AGREEMENT Page 3 of 8 This form was rlraparad by Atwsha id Cochran I Keller Williams Sun Valley Southern Idaho I afeesha@kw.com.1.2.08410k 9570 r { i I j JULY"19 EDITION RE-21 REAL ESTATE PURCHASE AND SALE AGREEMENT Page 4 of 8 PROPERTY ADDRESS: 23M Orchard Dr.E Twin Faris ID 0=1 IDs: A098803447 191 (C).SATISFACTION/REMOVAL OF INSPECTION CONTINGENCIES: 192 i93 Each following subsection shall apply to BUYER'S Primary Inspection and,if indicated in 10(B)(2)above,shall also apply independently and repeatedly to 194 each item or condition for which BUYER reserved additional time. If no time was reserved for any additional fterri(s)there will be only one notice required, 195 if additional time was reserved in 1'0(13)(2)there may be multiple notices. 196 197 1).If BUYER does not within the strict tirna-period specified give to SELLER written notice of disapproved items/conditions or written.notice of terrriinatwn iss of this Agreement unifier the Primary Inspection or any particular 10(8)(2)reserved Rem,BUYER shall,for only that particular inspection.or ifem1collditipn, 19S conclusively be deemed to have:(a)completed applicable inspections,investigations,review of applicable documents and disclosures;(b).assumed all 200 liability,responsibility and expense for repairs or corrections for that particular inspection or itemlcorldlftorl and(c),waived BUYER'S xid.ht to terminate 201 based upon that.particular Rem/conditlon.BUYER not providing one written notice:shall notaflect BUYER'S tlghts.regardinq other unrelated noticat and M inspections. 203 204 2).if BUYER does within the strict time period specified give to SELLER written notice of termination of this Agreement based on any unsatisfactory 205 Inspection,the parties will have no obligation.to continue with the trahsatxidrl and.the Earnest Money shall be eetumed to BUYER, 206 207 8).if BUYER doe's wit*the strict time period specified give to SELLERwritton notice of disapproved ftems/conditions,it shall end BUYER'S.tlmeframe Zoe for that particular inspection and Is irrevocable.BUYER shall provide to SELLER pertinerits.ection(s)of written inspection reports upon request,if 209 applicable.Upon receipt.of written notice SELLER shall nave 3 business days(three 131 W)eftblank)in which to respond in writing:SELLER,at 210 SELLER'S option,may agree to coned the items as requested FIy.BUYER in the notice or may elect not to do so,,d SELLER agrees in.writing to correct 211 the iterns/eondftions requested by BUYER,then said agreement will become an integral pat{of this contract. Otherwise,iminedlately upon a written 112 response from SELLER that rejects BUYER'S requests,in whole or in part,said response is iwravrsCa)Na with tit Consentof BUYER and BUYER May 213 proceed under IO(C)(4)below. 214 215 4). If SELLER does not agree to correct BUYER'S disapproved Rerns/daadRlonsWithin the strict time period specified,or SELLER does not respotld.in - 216 writing wikhin the strict time period specified above,then within 3 business days(three I3j if loft blank)the BUYER h as the option.of t)negotiating 217 with SELLER to obtain a modification of SELLER`S response 2)proceeding with the transaction without the SELLER being responsIible for correcting the 216 disapproved itemsfconditions stated in that particular BUYERS notice,or$$).giving the SELLER written notice.of termination of this agreement in which 219 case Earnest Money shall be returned to BUYER. if within the strict tithe:period specit W in.this paragraph BUYER does not obtain a modification of 22o SELLERS response or give Written notice of cancellation,BUYER shall conclusively be delem8if to have.elacted io,proeeed with the transaction without 221 the rettairs or corrodlons to the disapproved iternticondftions stated in that particular BUYER`S hence:BUYER electing to proceed WkWille transaction 222 under BUYYER'S Primary lnspecuon ar'any single tnspection reserved under 10(8)(2)shall not effect BUYER'S rights tegarding.other ilispectioi s reterved 293 in I O(B)(2). 224 225 (0).Home Warranty Programs are available'foe purchase through a numlier of Home Warranty Companies. 22D 221 11. LEAD PAINT DISCLOSURE;The subject PROPERTY Slis r3is not defined as'Target Mousing regarding,lead-bated paint,or lead based paint 2m hazards The term lead-W800.paint hazards are intended to Identify load-based paint and ail residual lead-containhig dus.is and sails-regardie8s of the 229 source of file lead 9 yes,BUYER hereby acknowtedges the following:(a)SUYER hasbaen provk1sd an EPA approvedlead based.patrrt lrazsid i I rmatiiin 230 pamphlet,"Protect Your Family From Lead in Your Home. (b)receipt of SELLER'S bisclosure of Information and Acfcrlowiedgnieht Form and have been 231 provided with all mcordel test reports of other Information,if any,.related to the presence of lead-based paint hazards onsaidPRcipERTY,(c)that this contrail 232 is contingent upon BUYERS right to have the PROPERTY tested for load-basied paint hazards to be completed no later than. or the 2ss confingency will terminate,(d)that BUYER hereby !!!waives [!does.not.waive this righL(a)the#if test roullts..ttmw urlar epta6te arilaunts of lead-Ff6s6d 234 paint on the PROPERTY,.BUYER has the right tli cancel the wittradt subject to the option of the..SELLER(to be.given In writing).to eiet t to remove the lead- 2s6 based paint and correct the problem which must be accomplished before cW!ng, .(f)that if the contract,is canceled under this clause,BUYER'S earnest 2ss money deposit shall be returned to BUYER..Additionally,if any structure was built before 1978 and is a residential home,aparttnent or chilli-occupied facility 237 such as'a school or day-care.center;federal law requires contractors that disturb lead-based,pairlt in that.structure'-to provide the owner with S"Renovate 23e Right":panlphlet.The contractor shall be cOdlfled and follow specific work practices to prevent lotto`contamination, 239 24o 12.MOLD DISCLAIMER:BUYER is hereby advised that mold and/or other microorganisms may exist at the Property.Qpon Closing BUYER 241 acknowledges and agmesto accept full responsibility and risk for any matters:that may tesuit from mold andl nr ottlerfrricra organisms and to Mold 242 SELLER and any Broker or agent representing SELLER or BUYER Ihariniess from any liability or damages(firidnctal or ott>etwlsa)relating ta:Such 243 matters. 244 245 13.SQUARE FOOTAGE VERIFICATION: BUYER IS AWARE THAT ANY REFERENCE TO THE SQUARE FOOTAGE OF THE.REAL PROPERTY z4e OR IMPROVEMENTS IS APPROXIMATE. IF SQUARE FOOTAGE IS MATERIAL TO THE BUYER,iT MUST BE VERIFiED DURING THE INSPECTION 247 PERIOD. - .. 248 249 14.SELLER'S PROPERTY CONDITION DISCLOSURE FORM:If required by Title 55,Chapter 25 Idaho Code SELLER shalt within ten(10)calendar 25o days afterexecution of this Agreement provide to BUYER or BUYER'S"tit--Seliset Property Condition Disclosure Form-or other acceptable form.BUYER 251 has received the"Seller's Prdperty Condition Disclosure Form"or other:acceptabie,fern prior to signing this Agreement PlYes ONo WA 252 263 254 255 266 257 250 BUYER'S Initials J( E Date '. .[ �L�" y� SELLER'S initials( }( } rJ © 2O0 This form is printed and",Irlbt ed byihe Idaho AssocietiOn of REALTQRSO.Ire.This loft has bw.p designed art is Fxov de(I for use.by the raw esrata profBssrOnai3 tulle are members of the ldehb Assodaton erREALTOkSt. 9 1#l"xcF1V OTHEtYf'ErfS'6N IS PA%ilOrrED. Ail riiiits reg"d. JULY RQ111 EDITION RE-21 AREAL ESTATE PURCHASE AND SALE AGREEMENT Page 4 of 8 This form Was lsraWod by Atobsha.ki Cochran i Kotler Williams Sun Valley Southern Idaho I atewhaftw.rom 1208.410.4570 i i 3 I JULY 2019 EDITION RE-21 REAL ESTATE PURCHASE AND SALE AGREEMENT Page 6 of a PROPERTY ADDRESS. 2345-Orchdrd Dr.E twin Fails ID 83301 im. AC98803447 ass 15.SUBDIVISION HOMEOWNER'S ASSOCIATION:BUYER is aware that membership in a Home Owner's Association may be required and BUYER 2eo agrees to abide by the Articles of incorporation,Bylaws and rules and regulations of the Association.BUYER is further aware that the PROPERTY may be 261 subject to assessments levied by the Association described in full in the bedaration of Covenants,Gonditions and Restrictions. BUYER has revi@wcd 2S2 Homeowner's Association Documents: Oyes ONO WN/A. Association feesldues am S,, per 2s3 ❑BUYER ❑SELLER ClShared Equally IfiNIA to pay Association SET UP FEE of$ at closing. 264 ❑BUYER OSELLER OShared Equally RINIA to pay Association PROPERTY TRANSFER FEES of$�.at Cilt$ing 265 ❑BUYER'0SELLEk RShared Equally IONIA to pay-Association STATEMENT OF.ACCOUNT FEE Of'$ at°closing. Association Fees are 266 governed by Idaho Code 55-116 and 55-1507. 267 26a 16..COST.S PAID BY:.The partiesagree to pay the following costs immediately when due and regariUess of transaction closing,unless otherwise 269 indicated;.These costs shall be paid by the indicated party regardless of whether or not the transaction closds;if tire.transaction fails to close due to breach 276 of a party,any costs paid by the non-breaching patty may be recovered as damages.None of the costs to be paid by the parties in this section creates an 271 inspection of performance obligation other than striftfly for the paymentof cost%unless otherwise.stated.There may,be other costs incurred in addition to those 272 set forth below.Such costs may be required-by the lender,by law,or other.tyrcumstances.Requested testsh"po%on reports as indicated below shall be 273 provided to the other party within_the time period specified in Section 10, 274 275 Shared Shared' BUYER.SELLER Ewalt : WA BU)M.SELLER Equally NIA Appralsal pee X Title ids.Staridartl Coverage Owner's Polley x... . Appra sal Re-Inspection Fee Tide ins.9t e-n ed Coverage X Y Lenders Policy-Mortgagee Policy Closing Esefow Fee X Additirinaflltia Eovaraoe X t ender D pewttbmlProCas$ Fee x' Obr'h0stto WeN VYatef I�otabillty Test Snail ho ordered by:QBUYER CISELLER. X Tax:Setvice Fee lldrYiestic Chill Ntater,Prudud6vity Teot X Shail be orzlered by.©Btl tk pSELLER X Fliaod Celtificat[oNt rada ng Fee X She be ed by:13BUYW ❑SELLER X tender Re�iiitett inspections Sapkc Pumgirrp X She be ordered by:ElBUYER {]SELLER X A1Vorney Caifract.Prepetalion 0t Review Fee Survey X Shah be ordered by:L.tBUYER OSELLER >< PERO'Test X 27e Upon closing SELLER agrees to.pay 13 QUA o of the purchase price OR 13$ WA- (dollar amount)(NIA if left blank)as a SELLER 27i concession.This can be used toward lender approved BUYER`S closing costs,tender fees,,.and prepaid Costs Which include but are not litaited to era those noes in BUYER columns marked above.This concession can Also be used for any other expense not related to financing at the BUYER's 2re discretion, 290 2s, SELLER agrees to.payup to$ WA. ($0 if left blank)of lender regatred repair costs only. 2e2 BUYER or SELLER has the option to pay any lender required repair costs in-excess of this amount., - 293 2s4 17,OCCUPANCY: BUYER ❑does ®does not intend to occupy PROPERTY as BUYER'S primary residence. za5 ze6 18.SECTION 1031 TAX DEFERRED EXCHANGE:If applicabta,each party shall cooperatewith the other Patty in effectuating an exchange under iRS 287 Section)1031;provided however,that the other Parry's cooperation shall be conditioned ors the fdfowing:(a)the exchange shall be at no additional liability 2W and/or cost to the other Party',(b)the exchange shall not delay Settlement or Closing;and,(C)the other Patty shall not be required to acquire title to any 269 proposed exchange properties to accommodate an exchange. The,exchariging patty ehatl indemnify,defend and hold die other Party harmless from and 290 against all diaims,demands,costs and expenses which that Party may sustain:as a,result of tide actual or attempted 1031 4xchange, 291 292 19.RISK Of LOSS OR NEGLECT:Prior to dosing.of this sale;all risk of loss shall remain wrW.SELLER.In addition,should•the,PROPERTY be 203 matmrtal►y.damaged by fire,neglect,or other destructive cause prior to dosing,this agreementshali be voidable at the option of the BUYER. 194 2w 20.WALK THROUGHS:The SELLER grants BUYER and any representative of BUYER.reasonable access to conduct two walk through inspections of 299 the PROPERTY NOTAS A CONTINGENCY OF THE SALE,but for the following stated Outposts:first walkthrough shalt be within S business days ter (three[3]if left blank)after the deadline for completion of repairs agreed toss a result of the Buyer's Inspection Contingency for the purpose of"satisfying cos BU YER that any repaifo.ayMad to in writing by BUYER and SELLER have been compWW. The second waikthrough shall be within 3 buginese days BUYEWS Initiials f , I( `—�r}Date i• SELLERS Initlots( }( )Date.,✓ This form is pdrsed end distributed by the Idaho AssoctaW of REALTOR"lac.This loan ties bow denii;;d and is f?�l�fortu by the rE&%au er to ptofewbru'ls�who a rnem ftre bera of A95odadon of REALTORS&usE 9Y ANY O*ER PERSON IS PROHIBITED.-®Cgpyrigik Idaho Assoc tra,of REALTORSO,hro.AR WO reserved. JULY 2018 EDITION RE-21 REAL ESTATE'PURCHASE AND SALE AGREEMENT Page 5 of a This form Was prepared by Aleesho N Cochran I Keller Willem Sun Valley Southern Idaho I eteeshaftw.eam 120&410-9570 i . i I f JULY Me r:p=N RE-21 REAL ESTATE PURCHASE AND SALE AGREEMENT Page fi of a PROPERTY ADDRESS: RM Orchard Dr.E Tyvtn Fells ID�83301 .IQ#: AC9803447 i 1 293 (three[3]if left blank)prior to close of escrow,for the purpose of satisfying BUYER that PROPERTY is in substantially the some condition as on the date this doe offer is made.The walk throughs stated herein are not a contingency of the sale which might allow termination,but rather for BUYER'S reasonable aem satisfaction.BUYER'S only recourse if unsatisfiLd is to notify SELLER who must correct or rectify the situation.SELLER shall make PROPERTY available 302 for the walk throughs and agrees to accept the responsibility and expense for making sure all the utilities are turned on for the walk throughs except for 3113 phone,cable and Internet.If BUYER does not conduct either of the walk throughs,BUYER specifically releases the SELLER and Broker(s)and their sal associates of any liability as to incomplete repairs and/qr any.changed conditions. ws 21.SINGULAR AND PLURAL terms each include the other,when appropriate. 306 act 22,FORECLOSURE NOTICE:if the PROPERTY described above M outrebtly ihvoived In a foredosiotb proceeding(pursuant to Idaho Code§45.1506) see any contractor agreement with the owner or owners of record that involves the transfer bf any interest in residential real property,,as defined in§45425(5)(b), �w Idaho Cade;subject to foreclosuremust be in writing and must be accohip&nled by and affixed to RE-42 Property foreclosure Disclosure Form. sea ail 23.MECHANIC'S LIENS-GENMAL CONTRACTOR DISCLOSURE STATEMENT NOTICE:BUYER and:SELLER are hereby.notified that, 312 subject to Idaho Code§46-525 of seq.,a'Gerteral,Contractor"must proyide a Disclosure Stafernentto a homeowner that de6wibes crertain.rightsafQrded to 313. the homeowner(e:g.lien waivers,general liability insurance,exxtended'pok.le$oft ide insurance.surety bon0s,an'0 sub-contrac(oi'Infomti3tiofi).Ttie.Mdosur& 314 Statement Trust be given to.a homeowner prksr to the General Contractor entering fTitrl any contract in an amount exceeding$2;000 with'a homeigwner for 3ia construction,alteration, repair.or other improvements to real property, or wiiM,a residential trial property purchaser for the purchase and sale of nairwly lie 001%,W010l property.Such ol0bil lte is the responsibility of the[general:contractor and it is not:the dirty of your agadt tb obtain`this n fbreniAoo on your 3m7 behalf.You are advised to cansult with any General Contractor subject to Idaho;doe§45�525 ei'seq.regarding the Cetiefal Gohtl'adtor Disclosure_3tahsmerit, 318 a1s 24,$ALES PRICE INFORMATION,Pursuant to Idaho Code§$4-2683(6)(d),a. 3oki"price of real property,is not confidlential client information. 32o s22 28,TRANSMISSION OF DOCUMENTS:Facs.1i ile or electronic translritselon of any sighed original document,and retransmission of any yaignedl facsimile 322 or etewonle transpirmstan shall be the same as delivery of an original. At the request of bitti#ar the BUYER or SELLEAj or the LEND R or the Closing 823 comparly,the BUYER and SELLER will confirm facsimile or electronic transmitted signatures by:signing an original document. 324 325 26,WIRE TRANSFER.WARNING: Electronic means of transferring ttrohoy.(i:ti.ETF,wire transfer,bled(bhlc check,direct deposit,;Qto. .)are subject to. Sze sophisticated cyber fraud attacks. These attacks are even chore preVafarlt in Peal estate tfar actions due to the large slur s of Money iteitlg'exchanged. N7 BUYER Is advised That,'Broke%e will not provide aiectronic transfer instrue;ions by a-mail. Fdilowin8 Mbfisy transfer instr6dioffs:coruained in an email from 32a any party is inherently dangerous and should be avoided. BUYER agree that If BUYER use,.tlr authorize the use of,releacitonic transfer of funds ins transaction 32s they hereby hold the Brokerages,thDir agents,and the doigrlated:tdld and escrow company 1lannlassfrorn any and all claims arising out of Inaccurate transfer ado ImstrucBents,fraudulent Interception of said funds andfbr any other damage retafing to the conduct of third paities influencing the transfer process or stealing asf funds, sit am 27.BUSINESS DAYS:A business day Is herein defined as Monday through Friday,8;00 A.M.to'5.00 P.M.in the local time zone where the subject real San .PROPERTY is ptiysl ally located.A business day shall not Include any Saturday or Sunday,nor shall a.busihass day Include•:any"sil,hoiklay recognized by ads the state of Idaho as fourlcl in Idaho Code§73-108.If the time In which Orly act Mquired under this Agreament`is to be performed is basQ upon a business 3w day calculation,then•R shall-be computed by excluding the calendar day of execution and including the last business day.The first business day shall.be the sal first business day after the date of execution.If the test day is a-legal holiday,th0in the time for performance shall be the next subsequent business day.. 33e 33s 28.CALENDAR DAYS:A calendar day is herein defined as Monday through Sunday,midnight to midnight,In thi3 local tlrYi zalrW where the:subject real 34o PROPERTY Is physically located,A calendar day shalt include any legal holiday:The time In which any act required under this agreement Is to be performed 341 shall be computed by excluding the date of execution and including the last day,thus the first day shall ba the day after.the.date of 4XI ecation.Any reference 342 tb kdW or"days"in this agreement means the Satre as calendar day,unless specifically enun ipYated as a"business day." 34a 344 29, ATTORNlvVS PEES it either patty initiates or defends any arbitration or legal action orprooaedings which at*In army way connected with this m Agreement,Ow prevailing party shall be entitled to rewftr from the nort-prevailing party reasonable costs and attorneys f@e%including such costs and fees ads on appeal 341 34s $0,DEFAULT:a BUYER dsfatillo in the performance of this Agreement.SELLER has'the option of:(1)scoepthIl'the Ettrl tMohey as liquidated damages 349 or.(2)pursuing any other tawufui right and/or remedy to.which SELLER,may be entitled.if SELLER.elects to,pradeatl under(1),SE,l(E(i stfali make defind aso upon the holder of the Earnest Morley,upon which demand said holder shall'pay from the Earnest Money the costs incuTfo'd by SELLER'S Broker on'behalf :351 of.SELLER•and BUYER related to the transaction,including,without(imitation;lhe.costs of title insurance,escrow fees-,appk'alol,cre.Olt report fees,inspection 3m fees and a#torney's fees,arid saidholder shall pay any balance of-the Earnosi Money,oiwhaff to SELLER and one.-half 6 SELLER'S.Broker progided.that Sat the a'motiM tit be.001d to SELLER'S Broker shall not exceed the Broker's agreed-to commission,SELLER and BUYER speelf cftliy at tXhowls ige and agree. &A that if SELLER elects to hccept the Earnest Money as liquidated damages,such:shall be SELLER`S sole and exclusive remedy, and a'udi shall not be sss consio0roo a perialty gr forfeiture.However,in the event the paftlas mutually agree in writing that the Earnest Money.shad become non-refundable,said 35b agreement shall not be considered an election of remedies by SELLER and the non-refundable tamest Money�ltallhot;oonstitute liquidated damages;nor 3e7 shall it act as a waiver of other remedies,ail of which shall be available to:SELLER;it may however be used to offset SELLER'S.daiiTaggs.if SEupmelec'ts 3se to proceed under(2),the holder of the Earnest Money shall be entitled to pay the costs in kirred by SELLERS Broker on behalf of SELLER and BUYER related ass to the transaction,Including,without limiitation,the costs of brokerage fee,title insurance,escrow fees.;.appralsal,credif-report fees,InspicNon fees and es 3eo allomey's fees.,with any balance of the Earnest Money to be held pendin§resolution of the matter.ff SELLER r�faults,having approved said safe and fails asi to consummate the same as herein agreed,BUYER'S Earliest Money deposit shall be returned to hi rt7her and SELLER,shall;payfor the o tats of title insurance, 3x escrow feet;appraisals,credit report fees,inspection fames,brokerage ffts arid attarho s fees,if any.This shall not be considered as a waiiver by BUYER of 3ea any other lawful right or remedyto Which BUYER maybe entitled. 384 BUYER'S initials( ( :g Date_ 1 +- SELLER'S initials( 9L__—U bate, � � "h i-form is printed and theirwed byihe IdahDAssoclarion of R€7 LTORW,bx:This R)ip has been.4esl®ned and Is providadfor r sa t y fhe real estate p[alesalmais wlw amrnembers of the klaha,Aawdetidn of REALTOASS.USE SY AWY'UTHaR PERS014 is PROHIaMb.S�Cbpydgilt'SL}_+h2As@gGation df REALf6kSS,kid%Ae fifItRa reseried. JULY 2049 MMION AE:211 REAL ESTATE PURCHASE AND SALs Ai'3REeMENT Page 6 of 8 This form was prepared.by Aleesha V Cochran t Keller WltltamsSun Valley Southern Idaho I aleeshallilkw:com 12W 410-5570 i I E i JULX 2012 EDITION RE-21 REAL ESTATE PURCHASE AND SALE AGREEMENT Page 7 of 8 PROPERTY ADDRESS: a45 .Orchard Dr.E TwEn Falls ID $3301 1Dfl: AC98803447 w5 31.EARNEST MONEY DISPUTE i INTERPLE.ADER:Notwithstanding any termination or breach of this Agreement,13UYER and SELLER agree that 3w in the event of any controversy regarding the EAiriest Money and things of value held by Brokeror closing.company,Brokermay reasonably rely on the terms 367 of this Agreement or other written documents signed by tooth parties to determine how to disburse the disputed money.However,Broker or closing company 36a shelf not be required to take any action but may await any proceeding,or at Broker's or closing company's option and sole discretion,ray iiiterplead all patties 3e9 and deposit any moneys or things of value into a court of competent jurfsdiction and shall recover all costs which were incurred as a result of the dispute sto including,but not limited to,reasonable attorney's fees.If either parties'Broker incurs Attorneys fees as a result of any Earnest Money dispute,whether or not 371 formal legal action is taken,Md Broker is enttled to recover actual fees incurred from either-BUYER or SELLER: 372 313 32.COUNTERPARTS:This Agreement may be executed in counterparts.Executing an,8greamentin counterparts shall mean dieaigrialulte aftwo identical 374 copies ofthe same agreement.Each identical copy of an agreement signed in counterpa fs Is.deemed to be an original,and all Identical coples shall together 375 Constitute one and the same ingbrument. 376 377 33."NOT APPLICABLE"DEFINED:The letters'nia,''N/A,''n:a..,'and"N.A.'as used herein are abbreviations of the term'not applicable."Where this 378 agreement uses the term'not applicable'or an abbreviation thereof,it tball be evidence that the Deities have contemplated certain facts or conditions and a79 have determined that such facts or conditions do not apply to the agreement et transaction herein. 380 381 34.SEVERABILITY:In the case that any one or mete of the provisions contained In.this Agreement,or any application;thereof,shall be invalid,illegal or se2 unenforceable in any respect,the validity,legality or enforceability of the remaining provisions shall not.in any way be affected or impaired thereby. 3S3 m4 35,REPRESENTATION CONFIRMATION:Check one(1)box In Section 1 and one(1)box in Section 2 below to confirm that in this transaction,the ass brokerage(s)involved had the following retationship(s)with the BUYER(S)and SELLER(S). 386 387 Section 1: 388 ❑ A. The brokerage working with theBUYER(S)is acting as an AGENT for the BUYER(S). 389 M B. The brokerage working with the BUYER(S)is acting as a LIMITED DUAL AGENT for the BUYIER(S),without an ASSIGNED AGENT. 3so b C. The brokerage:working with the BUYEIZ(S)IS aiding as a.LIMITED DUAL AGENT for the BUYER(S):and has an ASSIGNED AGENT 391 acting:solely on:behalf of the BUYER,(S). 392 0 D. The brokerage working with the BUYER(S)is acting as a NONAGi;NT for the BUYER(% 393 394 Section 2: 395 0 A. The brokerage working with the SELLER(S)is acting As an AGENT for the SELLER(S). 3sa M B. Tlie brdk6r,age woridrtgwith fie SELLER(3)is acting M' a LIMITED DUAL AGENT for."SELLER(8)t without.an ASSIGNED AGENT: 3517 11 C. The brokerage working with the S9LL,ER(S)'Is acting As a LIMITED DUAL AGENT for the SELLEI'i(S)and hair an ASSIGNED AGENT 3iis acting solely on behalf of the SELLER(S). 399 ❑ D. The brokerage wial1dng:with the SELLER(S)is acting as a NONAGE.NT for the SELLER($). 400 4of Each.partY:sign rig thls document confirms that he hale received,read and understood the.Agency Disclosure Brochure adopted.tir.approved by the Idaho real 402 estate commission and has-consented to the relationship confirmed above.Inaddlbtln,eabh party confirms that the brokerage's iageticy office policy was made 403 avallable for inspection and review.EACH PARTY U.1RERST.ANDS TWAT NE IS A°CUSTOMER'AND IS NOT REPRE$EN'I O BY A BkokeWgt 404 UNLESS THERE iS A SIGNED WRITTEN AGREEMENT FOR AGENCY REPRESENTATION. 405 409 36.CLOSING:On or before the cuing:date,BUYER and SELLER shalt dep%1twith the dosing company all funds and instruments news saryto complete 4o7 this tednsaetton.Clos irib mW,'m the date on which all documents are either recorded or accepted.by an escrow agent and th8 safe 1lmceads.are i 409 avaitabia.to SELLER.The closing shall be no later than(Date) 1)8t30 b2t The parties;agree that the CLOSING 409 COMPANY for this transaction shall be Title Otte; located at 1411 FaIIB� Ste 10t 4io Trrl►in Falls ID 8330i If a long-term escraw TcollaCtion;is Invoked,then the long- 411 tCri71 CSCrioYY hQkJershali lie -.. .. 412 ..... .. .. .. 413 37.POSSESSION:BUYER shall be entitled to possession Supon closing or ❑date -time_0A.M. ❑RM. 414 41s- 38,PRORATIONS:Property taxes and water assessments(using the last available assessment as a basis),rents collected,interest and reserves,liens, 416 encumbrances of.obligations assumed,and utilities shall be prorated Mupon closing or as of Eldate 417 BUYER to relmburse SELLER for fuel in tank El Yes ©No® N/A:Dollar amount may determined by SELLER's supplier. 418 419 39.ASSIGNMENT:.This Agreement and any rights or interests created herein❑may X may not be sold,transferred,or otherwise assigned. 420 421 40.ENTIRE AGREEMENT:This Agreement including any addendums or:exhibits,constitutes the entire Agreement between the parties respecting the 4122 matters set forth and.Vopersedes all prior Agreements between the parties respecting such matters.This Agreement may be modified only by a written 423 agreement sighed by each of the Deities. 47A 425 41.TiME IS OF THE ESSENCE IN THIS AGREEMENT. 426 421 42 AUTHORITY OF SIGNATORY if BUYER or SELLER is a corporation,partnership,trust,estate,or other entity,the person executing this agreement 425 on its behalf warrants his or heraulhority,to do so and to bind BUYER of SELLER 42s 43tf 43,ACCEPTANCE:This offer may be revoked at any time prior to acceptance and is made subject ta.acceptance on or before 431 (date) 03/39 021 ,y at (Local Time in which PROPERTY is located) - t:0tl,•§Orte)' 0A:M.14P.w BUYER'S Initials; ?C__..�..,.J Date..,,�.. �•c.� .�,.a��', &ELtIR`S initials,�;,—.—L Data 'ibis torte is printed and diairdmo b+/QYe soaho moocialiDn of RFALTOR,a®,Jnc.this fumt has boat dea giimd and I5 pra!ided for use by the real estate pmressi 12 who8te ntetttbers bathe Webb Aa8udeOn of REALTOn681:USE BY ANY OTHER PERSON Is PROHIBITED.CCvpy ON Idaho AasWallbn of REALTORft,h6.All rights reserved. JULY 20.119 EDITION RE-21 REAL ESTATE PURCHASE AND$A-It AGREEMENT Page 7 of a This form was prepared by Aleesha to Cochran I Keller Wihiame Sun VAiar;;y Southern Idaho I aleeshabl w.cm 1 2118 411 04670 iy i I i d j i Y JULY 2019 E INN RE-21 REAL ESTATE PURCHASE AND SALE AGREEMENT Page 8 of 8 PROPERTY ADDRESS: 2345.Orchard.Dr.E .. Twin Palls ID 83301 lost: AC98803447 432 44.BUYER'S SIGNATURES: 433 434 OSEE ATTACHED.BUYER'S ADDENDUM(S): (Specify number.of BUYER addendum(s)attached,) 436 OSEE ATTACHED BUYER'S EXHIBIT($): (Specify number of BUYER Uhibif(s)attached.) 438 437 0 BUYER does currently hold an active Idaho real estate license. ©BUYER is related to agent. 438 439 BUYER Signature BUYER(Print Made)Elakhritdiu Yusupotiv Member of Islamic Center of Twin Falls 440y'y 5rWlrRi 1246,47ra tlm 441 Date ... �+. t, _Time t'), c"se OA.M&M. Phone# _Cell# 442 443 Address E-Mail 444 .. 445 City _State,_ Tp_ _ Fax# 44s 447 ----------------------------.------------------------------------------- -----------------'------------' 448 449 13 BUYER does currenHy hold an active Idaho real estate license. ❑BUYER is related to agent. 450 461 BUYER Signature BUYER(Print Name)imad 44]u yl Member of Istamic Center of Twln Falls 45.2 d'18t104ti 72'4&d2 iMi MpT . 463 Date L-t--Time. 1. 'a ._,-,,,OA.M:W:M. Phone 454 4ss Address E-Mail_ 45B 497 City State.. _ - Zip Fax# 458 469 46D .. , . 481 Aw 45.'SELLER S SIGNATURES-On this date,t/We b"by approve and accept the transaction set forth In the above Agfeement:and:agree to carry out all 46s the terms thereof on the part of the SI=LLEF2. - 464 46 USIONATUAE(S)SUBJECT TO ATTACHED COUNTER OFFER 466 ©SIGNATURE(S)SUBJECT TO ATTACHED ADDENDUM(S)# 4s7 USIGNATURE(S)SUBJECT TO ATTACHED EXHIBIT(t)# 46B 459 4 SELLER doesti" old an active Idaho.real estate license. SELLER is related to agent. /470 ' 1 SELLER Signature , -fin SELLER(Print Nart? 47 a �tknEa fl i�C' r c5_ a r r (asUi e,.{ t 413 Date d�� �C3vT Time = 2 GJ I (1 M.OP.M. Phone# Cell# l-1 474 476 Address E-Nail .. .. ; 476 477 City. State Zip Fax# 47e 479 CONTRACTOR REGISTRATION#(if applicable) <10 491 ---------------------------------------------- ., ------` ------------ -------------------- --—`--------. 4B2 403 11 SELLER does currently hold an active Idaho real estate license. El SELLER is related•,to agent. 484 4Bs SELLER Signature SELLER(Print Name) 486 487 Date Time OA,M.OP.M. Phone#_ Cali# 488 489 Address E-Mail 490 491 .City State. :Zip Fax# 492 493 CONTRACTOR REGISTRATION#(if applicable),_;...:. .. ... 494 49s 496 LATE ACCEPTANCE 487 If acceptance of this offer is received after the time specified, it shall not be binding on they BUYER unless BUYER approves of said 49a acceptance within, calendar days(three[3]if left blank)by 13U1 ER iriitialing HERE l )( 1 Date 4w If BUYER timely approves of SE'LLER's late acceptance,an initiated copy of this page shall be immediately delivered to SELLER;. This Form is printed and dieNbuted by the Idaho Associaton of REALTORS0,lhr.Tics force has been desfgnsd and rs provided for use by the regi estate pfolesskmals who are members of the Idaho Assooialbn of REALTORSO.059 BY ANY OTHER PER"IS PROn113001 Mopydghi Idsho Association of REALTORM,k NI rights reserved. JLILY 2Q1s EDITIOi f RE-21 REAL ESTATE PURCHASE AND SALE AGREEMENT Page 8 of 8 This form was prepared by Aleeaha M Cochran I Keller Williams Sun Valley Southern Idaho i aleesha@kw.com 1208-410.9570 ,I 11 TWIN FALLS COUNTY ql,....,I� �I� �sl FILER CEMETERYMAINTENANCE DISTRICT � WITH POLLING LOCATIONS&VOTER PRECINTS a�'� } w..XnnX Fllcr D'I Y w.� +�y5 s Buhl 07 w... ,Tf Buhl 023f 15"" 1_@!t - t x _ ,0'£•3 3 3 i a S33 a5+ aFy IP g; ^w t d3 a.:4X.� 3 � x,� ,m.m. ''9 If 3 � 3 �� 3 • �€e��, �r�^`Y a.�e� .P•R � �� # e �,•,,,.� Fit.,02 z TF^'14� Fyj s 'av5 f -3 Asg ,«m. x _' }• is:a ?5 m I Jtz Filer 07 i5�'`^ me.w'^ TF 26„� �i Caslleford" FII O == -,x x ,q fiYNp -em Hansen 7F 25 I i Legend .' mbarly 02p "' g • Polling Places .e.^ F-1 Voting Precincts e Filer Cemetery Maintenance District i fCas leford Y�1b $ Hollisi<r "`4 Y FILER CEMETERY MAINTENANCE 4„ i 3x+g mmFm DISTRICT ' 40. w h E POLLIYG PWCEADDRF°rnc EALY:ror2/ABA-YTEE-T•v:v FJl+foe+q we+;elr AE6mv A+e w..Tr.:fJl, TwIX SALLS-162•Ne:rye Nl:+n++tEun4 M,EC:Ava tl ix,v r+:l, S .- .xnnnPee+wau romry=ev.,m,fe,�mu.sw X e.onxmeu,x.(l,xarvsuvu.urxxxmnx T..n far, n. fnux4 t.... aecn m.wnea Ewp„°,a+xt xssf:w A.mc.c Tu:efw eASTtTroxp dvaemMfomrtv9ry <,nsxe=s,r„n=m,x ... ae vma av,v>,¢emn na v.ikx A,<..c T.:nsm. THTION POR ELECTION PURPOSES j ._ Ni F:Ie!Iv,t+rea6erc4 t5+Nphw+r 3o.f1m r•Ar+leis.wAu a:,.mJ rA:XA.ra+n+x,+m�m ==x o,.v-,mnem, ONLY.TWIN FALLS A-xlx0x+ea:n�°m:ux:eem,gmr:< rvnsFA:ss.,rsl+ax,e5rm�cnm:erl,n.norsXn°.s+:ox",e o,,rw-rai, COUNTY IS NOT RESPONSIBLE xnxsEX-x.,,.nAx+aslr nrsonrs:=e sm,.T.nr a rwly eus-rul+n+;nrJl+eewvq wm+roeeex+vA...w_r.:,fJ:, FOR ANY INACCURACIES xoccnT3-fYmX onx.,cJXx.r�n�omwm,.xrurx.T+r r.:nY°:. .=Aas-va:e5v,.5.rv:+E+xx,n..::rrw,+.,P.:v,«,xr�.=fw, HEREIN CONTAINED• Exhibit B - ,rc++rw++anx.n,=..o,vmz+.l:re..ens.r.�sa,r X ,:m= :x..+e .v. n..E, ,. _, rorrxrerm rrroExvrvzav i cRrelEP ro/oVZPrvar i i i TWIN FALLS COUNTY m � f F WESTEND CEMETERY DISTRICT WITH ry POLLING LOCATIONS& VOTER PRECINCTS re e w,n] u«nrrrek tt i N 3 a a W E el ...,w, §, �'✓ Fikr01 ; 2ByTM.� !a°_� J B o%bi oz _ o%b102" �^ ..dAP'4 w « owr,f4 9 � �.,,..,. ]., §s,B 6 2F 99'", � �� � ✓•3 •wa '.i' 3 y •�� S I2 Kimb 1�daa C 3 t ,$S �MerErtr e j « es §§ 2 r02 2a IF 26 nler03 IF 25x .., Kimberly 02 1,111dxrd 5 s Eimbedy Oi THISMAPISFOR Legend ELECTION PURPOSES ONLY.TWIN FALLS • POLLING LOCATIONS COUNTY IS NOT RESPONSIBLE FOR ANYINACCURACIES VOTING PRECINCTS HEREIN CONTAINED. WEST END CEMETARY DISTRICT nu;Fo,npyiu sR' i 141 ! Exhibit C j A POLLING PLACE AWPFSSESt 2. GxwrrlBB,rai,BMeranseea:ryweve uBdda„aa d.a'x.Tv:a P:u nvw intl5,B1kref,n:'uu.etr.�R,o,daAve.x,:wniax t.,-S':.-c Ctrma oaa tw5a��5]o;Povu.,�B.m.: y. mnaalae,�+xNi+�£z ivase.b6'tl>.Mm s,.iw.arat+ ! i � - GfIlLPoB2.4¢?eb,d'vs¢vn<r C'v�VS%m,r.G pry o.9v>.: x] 9vi,,Y�„'-aU fawG:�,B,xybl Mevu,R w� � , j a ,c ,]t9,a6A xd iwT u.ISBBt]a-w t d,«dC lfd f:aBs'+'x Mar '!!! C � '=m`«a'u anhu'e1,.Ef.'M.dhwry']¢Fle� M^Hr.fts�„B„f[Funh N,rn iLN,•%:�.:n�>,Y,+•+'+H Mebd��r..r,l.. P,BroNe.d,r,z.dsa«>:,,.x.a,.a nnxru:,.tut„wa=,9+u�+,w«--Bxrea+.aB..w,rw,a„•:,� —T..cBx1911, zw a« li i 6 6 i Gmail -2345 Orchard Dr E https://mail.google.com/mail/u/0?ik=7e85f2319b&view=p... Gma i! imad eujayl<Imadeujayl@gmalI.com> 2345 Orchard Dr E r .1-message §Paul<cpaul@phd5.idaho.gov> Thu, Jun 3,2021 at 5:16 PM :%zollinger@tfid.org"<izollinger@tfid.org>, "imadeujayl@gmail.com"<imadeujayl@g mail.com> South Central Public Health District(SCPHD)has not been able to locate any records concerning the septic tank and drainfield on 2345 Orchard Dr East,parcel RPT00107236090, however,the previous use was as a residence,and the proposed use is for the occasional care of deceased individuals prior to.burial. The proposed use is likely much less than the original design, and SCPHD is not aware of any signs of septic system failure at this time. Therefore,SCPHD will grant the continued use of the septic tank and drain field until the system fails,as defined in IDAPA 58.01.03.0D3.13.When the septic system fails,a septic system repair/replacement permit will be required. Craig Paul, CPSS,REHS Environmental Health&Public Health Preparedness Director South Central Public Health District 1020 Washington St North Twin Falls, ID 83301 Phone: (208)737-5909 Fax: (208)734-9502 IMPORTANT:The information contained in this email may be privileged, confidential or otherwise protected from disclosure. All persons are advised that they may face penalties under state and federal law for sharing this information with unauthorized individuals. If you received this email in error, please reply to the sender that you have received this information in error.Also, please delete this email after replying to the sender. in addition, be advised that any message addressed to this agency's domain is subject to archiving and review by persons �ot�er than the intended recipient. al Exhibit D 'I'tP 1 of 1 6/4/2021, 1:52 PM i( i