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H1. Quail Meadows Final Plat & Subdivision Improvement Agreement-7w CITY OF KALISPELL REPORT TO: Doug Russell, City Manager FROM: PJ Sorensen, Senior Planner Planning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalisuell.com/planning SUBJECT: Final plat request and Subdivision Improvement Agreement for Quail Meadows MEETING DATE: October 17, 2022 BACKGROUND: TD&H Engineering has submitted a request, on behalf of Quail Meadows, LLC, for final plat approval of Quail Meadows Subdivision. The subdivision contains 39 single family lots on approximately 10.01 acres. The property is located at 155 Tronstad Road and can be described as a tract of land located in Government Lot 3, Section 18, Township 29 North, Range 21 West, P.M.M., City of Kalispell, Flathead County, Montana, and being more particularly described as Parcel 3 of Certificate of Survey 1500, Records of Flathead County, Montana (Assessors Tracts 4CC and 413A). The City Council approved the preliminary plat with 31 conditions in April 2022 (Resolution 6062). All of the conditions have been met or adequately addressed. The following report summarizes the applicant's compliance with the conditions of approval. All infrastructure has been installed and accepted or bonded for. A subdivision improvement agreement in the amount of $299,738.22 is included for the Council's consideration. In addition, the developer submitted $129,631.40 as a cash - in -lieu of parkland payment. RECOMMENDATION: It is recommended that the City Council make a motion to approve the final plat for Quail Meadows, as well as the subdivision improvement agreement and the cash -in -lieu of parkland payment. FISCAL EFFECTS: Positive impacts once developed. ALTERNATIVES: Deny the request. ATTACHMENTS: Final plat compliance letter and associated attachments. Report compiled: September 22, 2022 Aimee Brunckhorst, Kalispell City Clerk CITY OF KALISPELL September 21, 2022 Doug Russell, City Manager City of Kalispell 201 1st Ave E Kalispell, MT 59901 Re: Final Plat request for Quail Meadows Dear Doug: Planning Department 201 1' Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning TD&H Engineering has submitted a request, on behalf of Quail Meadows, LLC, for final plat approval of Quail Meadows Subdivision. The subdivision contains 39 single family lots on approximately 10.01 acres. The property is located at 155 Tronstad Road and can be described as a tract of land located in Government Lot 3, Section 18, Township 29 North, Range 21 West, P.M.M., City of Kalispell, Flathead County, Montana, and being more particularly described as Parcel 3 of Certificate of Survey 1500, Records of Flathead County, Montana (Assessors Tracts 4CC and 413A). The City Council approved the preliminary plat with 31 conditions in April 2022 (Resolution 6062). All of the conditions have been met or adequately addressed. The following report summarizes the applicant's compliance with the conditions of approval. All infrastructure has been installed and accepted or bonded for. A subdivision improvement agreement in the amount of $299,738.22 is included for the Council's consideration. In addition, the developer submitted $129,631.40 as a cash -in -lieu of parkland payment. COMPLIANCE WITH CONDITIONS OF APPROVAL 1. The development of the site shall be in substantial compliance with the application submitted, the site plan, materials and other specifications as well as any additional conditions associated with the preliminary plat as approved by the city council. Staff Response: This condition has been met. The development of the site is in substantial compliance with the listed items. 2. The preliminary plat approval shall be valid for a period of three years from the date of approval. Staff Response: This condition has been met. The preliminary plat was approved on April 4, 2022. 3. New infrastructure required to serve the subdivision shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction. All design work shall be reviewed and approved in writing by the Kalispell Public Works Department prior to construction. This infrastructure shall include, but not be limited to, water, sewer, storm drainage, streets, street lighting, street signage, curb, gutter, boulevard and sidewalks. Staff Response: This condition has been met. The developer submitted letters from Public Works dated June 10, 2022, conditionally approving the design and dated October 10, 2022, approving the construction. 4. Water and sewer main extensions shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction and in compliance with the city's facilities update and extensions of services plans. The water and sewer main extension plans shall be reviewed and approved by the Kalispell Public Works Department. Prior to final plat, a certification shall be submitted to the Public Works Department stating that the water and sewer mains have been built and tested as designed and approved. Staff Response: This condition has been met. The developer submitted letters from Public Works dated June 10, 2022, conditionally approving the design and dated October 10, 2022, approving the construction. Additionally, the developer provided a engineering certification dated September 22, 2022. 5. The developer shall submit water and sanitary sewer plans, applicable specifications, and design reports to the Kalispell Public Works Department and the Montana Department of Environmental Quality for concurrent review, with approval of both required prior to construction. Staff Response: This condition has been met. The developer submitted letters from Public Works dated June 10, 2022, conditionally approving the design and dated October 10, 2022, approving the construction. Additionally, the developer provided a letter from DEQ dated June 14, 2022, approving the project. 6. The existing water main shall be extended within the paved portion of Tronstad Road from a connection point near Highway 93 to the development's eastern property line. The city will either participate in the upsize of the water main beyond the minimum size necessary to serve the development or allow for the creation of a latecomer agreement for the developer to recoup the oversize costs. Staff Response: This condition has been met. Per the Public Works letter dated October 10, 2022, the water main was extended, tested, certified and accepted. 7. The water main within the street connection to the north shall be extended within the roadway of the development to the north property line in accordance with City Standards to allow for future connection and extension. Staff Response: This condition has been met. Per the Public Works letter dated October 10, 2022, the water main was extended as required. 8. Any water rights associated with the property shall be transferred to the City of Kalispell prior to final plat. Staff Response: This condition has been satisfied. Per the Public Works letter dated October 10, 2022, and the developer's submittal, no water rights currently exist for the property. 9. The existing sewer main shall be extended within the paved portion of Tronstad Road from a connection point near Highway 93 to the development's eastern property line. Staff Response: This condition has been met. Per the Public Works letter dated October 10, 2022, the sewer main was extended as required. 10. The sewer main within the street connection to the north shall be extended within the roadway of the development to the north property line in accordance with City Standards to allow for future connection and extension, unless otherwise determined by Public Works. Staff Response: This condition has been adequately addressed. Per the letter from Public Works dated October 10, 2022, the sewer main was too shallow to extend to the northern property line and was not required to be extended to the property line. 11. The developer shall submit to the Kalispell Public Works Department for review and approval a storm water report and an engineered drainage plan that meets the requirements of the current city standards for design and construction. Prior to final plat, a certification shall be submitted to the public works department stating that the drainage plan for the subdivision has been installed as designed and approved. Staff Response: This condition has been met. The letters from Public Works dated June 10, 2022, and October 10, 2022, show review and approval of the storm water plan, and a certification dated September 22, 2022, was submitted by the developer's engineer. 12. The developer shall submit to the Kalispell Public Works Department prior to construction an erosion/sediment control plan for review and approval and a copy of all documents submitted to Montana Department of Environmental Quality for the General Permit for Storm Water Discharge Associated with Construction Activities. Staff Response: This condition has been met. A letter from DEQ dated June 1, 2022, was submitted regarding the erosion/sediment control plan. 13. A letter from the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell, any private infrastructure has been constructed per city standards, and a proper bond has been accepted for unfinished work. Staff Response: This condition has been met. The letter from Public Works dated October 10, 2022, accepts the improvements and bonding for the project. 14. All easements and/or rights -of -way shall be indicated on the face of the final plat. Utility easements for City water and sewer shall be provided to allow for the logical extension of utilities from this subdivision to adjoining properties. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. Staff Response: This condition has been met. The letter from Public Works dated October 10, 2022, notes that the required easements are shown on the plat. 15. The property frontage along Tronstad Road shall be improved to a major collector standard in accordance with the Transportation Plan and city design standards. Full width improvements are required on the development side of the street including, but not necessarily limited to, curb and gutter, street signage, striping, sidewalk, street lighting, and landscaping. Minimum improvements on the eastbound lane of Tronstad Road shall include the full lane width and a shoulder. Improvement to a major collector shall include a dedication of ten (10) additional feet of right-of-way along the frontage in order to install the improvements. Staff Response: This condition has been met. The letter from Public Works dated October 10, 2022, notes that the additional right-of-way was included on the final plat and that all improvements have been completed or bonded for. 16. Based on the submitted Traffic Impact Study prepared by Abelin Traffic Services dated January 2022 and city standards requiring that a developer maintain or improve the level of service at relevant intersections, a 3/4 movement approach (or other mitigation acceptable to Public Works and the Montana Department of Transportation) shall be installed at the intersection of Tronstad Road and Highway 93. Staff Response: This condition has been adequately addressed. The 3/4 movement approach has been designed, submitted to MDT for approval, and bonded for. MDT has not yet approved the approach permit, but sent a letter dated September 30, 2022, committing to approval once the City of Kalispell enters into a maintenance agreement, which the City will do once the right -of-way is transferred from the County. 17. All streets within the subdivision will be constructed to the appropriate city standards as detailed in the subdivision regulations and the City of Kalispell Standards for Design and Construction for local streets. Staff Response: This condition has been met. The Public Works letter dated October 10, 2022, notes that the design was approved and the construction certified. 18. A letter from the Kalispell Fire Department approving the access, placement of the fire hydrants and fire flows within the subdivision shall be submitted prior to final plat and shall comply with the fire code. Staff Response: This condition has been met. The developer submitted a letter from the Fire Department date August 19, 2022, approving the project. 19. Recommendations contained in the Geotech report prepared by TD&H Engineering in January 2022 shall be followed. In addition, soil migration analysis must be performed due to the propensity of fines migration into trench backfill in the area. The applicant shall submit a utility trench backfill material in accordance with ASTM D-2321 to Public Works for review and approval or provide an acceptable alternative to prevent fines migration. Staff Response: This condition has been met. Per the Public Works letter dated October 10, 2022, the analysis was submitted to the City. Upon review, the materials used were acceptable. 20. Based upon the recommendations in the Geotech report, a supplemental Geotech report shall be submitted prior to final plat to be reviewed by the Kalispell Building Department to establish to their satisfaction that all building sites would be able to meet loading and other requirements detailed in the International Building Code. Staff Response: This condition has been met. Per a letter from the Kalispell Building Department dated October 4, 2022, the supplemental Geotech report shows that all building sites can meet loading and other requirements. Additional site specific review may be required as part of the building permit process. 21. The following statement shall appear on the final plat: "The undersigned hereby grants unto each and every person, firm or corporation, whether public or private, providing or offering to provide telephone, telegraph, electric power, gas, cable television, water or sewer service to the public, the right to the joint use of an easement for the construction, maintenance, repair, and removal of their lines and other facilities, in, over, under, and across each area designated on this plat as "Utility Easement" to have and to hold forever." Developer's Signature Staff Response: This condition has been met. The note appears on the face of the final plat. 22. Prior to filing the final plat, a letter from the US Postal Service shall be included stating the Service has reviewed and approved of the design and location of the mail delivery site. The mail delivery site shall be installed or bonded for prior to final plat. In addition, the mail delivery site and improvements shall also be included in the preliminary and final engineering plans to be reviewed by the Public Works Department. The mail delivery site shall not impact a sidewalk or proposed boulevard area. Staff Response: This condition has been met. A letter from the US Postal Service dated September 7, 2022, was submitted which approved the mail delivery site. 23. A letter shall be obtained from the Kalispell Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the landscape boulevards of the streets serving the subdivision. The approved landscape plan shall be implemented or a cash in lieu payment for installation of the street trees and groundcover be provided to the Kalispell Parks and Recreation Department. Staff Response: This condition has been met. A letter from the Parks Department dated September 16, 2022, accepting the plan for the boulevards, common area, and parks. 24. A parks plan shall be approved by the Parks and Recreation Director. A minimum of 0.3 acres for this phase is required. The park shall meet the standards under Section 28.3.22 and the plan shall show that the parkland dedication requirement is met for this phase. A cash -in -lieu payment may be made pursuant to the subdivision regulations. Staff Response: This condition has been met. A letter from the Parks Department dated September 16, 2022, accepting the plan for the boulevards, common area, and parks. Additionally, a cash -in -lieu payment was submitted totaling $129,631.40 was paid to the City with the submittal of the final plat application. The cash -in -lieu payment and recreational area/amenities in the subdivision satisfy the requirement of 0.03 acres of land per lot in the subdivision. 25. A note shall be placed on the final plat indicating a waiver of the right to protest creation of a park maintenance district. This district shall only be activated in the event that the property owners' association defaults on their park and open space amenity conditions. The taxes levied within the maintenance district shall be determined by the Parks and Recreation Department with approvals by the Kalispell City Council. Staff Response: This condition has been met. The note appears on the final plat. 26. A note shall be placed on the final plat indicating a waiver of the right to protest creation of a stormwater maintenance district. This district shall only be activated in the event that the property owner(s) default on the maintenance of the approved stormwater facilities. The taxes levied within the maintenance district shall be determined by the Public Works Department with approvals by the Kalispell City Council. Staff Response: This condition has been met. The note appears on the final plat. 27. A note shall be placed on the final plat indicating a waiver of the right to protest creation of a Special Improvement District for roadway improvements in adjacent areas stating "The owners hereby waive the right to protest the creation of an SID for the purpose of financing improvements to area roads which will specifically benefit this subdivision." Staff Response: This condition has been met. The note appears on the final plat. 28. A homeowner's association (HOA) shall be formed and established to provide for the maintenance of all common areas and facilities. Staff Response: This condition has been met. The developer submitted a Declaration of Conditions, Covenants, and Restrictions which provide for the maintenance of all common areas and facilities. 29. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be completed prior to final plat submittal. Staff Response: This condition has been met. More than two-thirds of the necessary infrastructure has been completed, with the remainder subject to a subdivision improvement agreement. 30. All utilities shall be placed underground and in locations that are approved by the Kalispell Public Works Department in accordance with the Kalispell Standards for Design and Construction. Staff Response: This condition has been met. Per the Public Works letter dated October 10, 2022, the utilities were installed underground according to their requirements. 31. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. Staff Response: This condition has been met. Per the applicant's letter, re -vegetation has been provided for. COMPLIANCE WITH THE SUBDIVISION REGULATIONS This subdivision plat has been found to be in compliance with the State and City subdivision regulations. COMPLIANCE WITH THE ZONING REGULATIONS This subdivision complies with the Kalispell Zoning Ordinance and the R-3 zoning for the property. RECOMMENDATION: It can be found that the conditions of preliminary plat approval have been met or are otherwise adequately addressed. It is recommended that the Kalispell City Council approve the final plat and subdivision improvement agreement for Quail Meadows. Attachments: - Two mylars of final plat - Copy of final plat - Subdivision Improvement Agreement and Engineers Estimate - Applicant responses and final plat application dated 10/6/22 - First American Title Insurance Guarantee 5010500-1059242-CT dated 7/25/22 - Consent to Plat - Flathead County tax certification dated 8/16/22 - Letters from Public Works dated 6/10/22 and 10/10/22 - DEQ letters dated 5/31/22 and 6/14/22 - DEQ SWPPP dated 6/1/22 - Fire Dept letter dated 8/19/22 - USPS letter dated 9/7/22 - Engineers Certification dated 9/22/22 - Water Rights Query - Parks letter dated 9/16/22 - Parkland Cash -in -lieu calculation - MDT letter dated 9/30/22 - Kalispell Building Dept letter dated 10/4/22 - CCRs c w/ Att: Aimee Brunckhorst, Kalispell City Clerk c w/o Att: TD&H Engineering 450 Corporate Drive, Ste 101 Kalispell, MT 59901 N LL O o u ° WLU O LU a a Q p E a a co „d Ww a�a' a a LU J U N 3 p a_ p Z W Q - o o z �= w _ W§ O`_ x s U $Huc� u&o� > s al atq -lasal p a p p0 esE ° - r LL = E w_ a WLU s w "�_ U di >Ow =safe E w O LLa pa £Age ge cje_ I- Ix v wU E _as UQ- E- _ = w - lu _ p e5 F - W Q Z ZZ 0 Oof E = zlil - r/) t/� = J U) Q \ N�N ? w °- l i 0 a-� FZ 5 O 0') O In ul _ Q O W - ` v ei M w N a a p a _ aj o N is a_ Q LU Z - `:?a ig CO Z~ LL O Q w> p 5 ' Iv e `� O p ~ E° W QJ S J W a w £ Q0 (n a ane8 v a_ CO ^Ea b � Im^ s z rc w Y W p`JE C O a W 9- 5 o G C6 O w J O U W! - S.QeE j E u "AE a o h �.J Lu n U c j Ow J E Ea - zzc S°E Eo°•n zp W z ° 8 w In =sa Q 0 ' p e a Q o° p U E d O U) x= n g Q z =�oE H sEE to w Eaa w aE veto U)Z E5� six w W 0 a w a i LU E_. wLu � p Z d z S O sa e Lu a w a W aE a U a Q SE��° H WW E° za $_�' Q _ = U) W Q 2._= z.O W £- a _ - saasa W a � O _:E= _ - aat 6E zom E� Sa _S`- ga�o" LU �Ecu W O ZK� ry Qa E_r %LL Q S_yk < �$E Ea 2 w.a£ _ea O wuN o<�i o _- _ v'^a Visas"� .. 3wm o o 0 a N z Z W Q Z ZZ O N cOc LL G v / T Lr OD 0 rn U a_ Q LU ��/�/� _ VJ Z Q LL o CO o LL Q � J J a O °r° Lu Q Z OJQ wU LL 5 U)0 L O M} OU Q z� V LU a- O LU ZW Fo � ZON 3: wW¢ ry O K, < o 4 a WOhy W .Ow O O �aY e O K z m 6 O 3. 0 OOON ALN000 03NM30 LOOJ-09 V avow avisrvoai 9i'l6f M,BS,Z5.695 f5'l6f 3,95,GSb9N .0006 ,00'09 ...ILO ,ZS'49 'Otl iB0'O Ia a� 'A 594O c Z V38V NOLNWO]I c L V38PV NOlN WOO < M,BS,ZSA95 ,00'O6 .00'O9L M11,BS,G5.895 ,0008 .00.06 I 00o e1 000 �'� ao0 11a I ,0008 06 M,SS,9fb95 I 3,95,G589N 3,SS,9fdBN ,00'Ofi 1 �00 „.O mho 11� J hl rl 0a ^ b �o r .00'08 3,S9,9f89N Im .00'08 M1yS5,9fA9s 3,SS.9fA9N 00'Ofi 1 a Oo2 IN rl „u Q Vu moo c llm I .00O6 1 ,00'OB M,SS,9fA9S 1 m '^ 3.SS.Wd9N I 3.9S,9fb9N ,00'08 .o z 1 rn a_ - m m n all oa Npoo 1$ 0 OQO o Qa0 b W W 00'O6 1 b ,0006 m.55.9i.895 Z zN W 3,55,9fd9N I 3 SS Bf.BBN 00'08 I Q X s0 - w r1 a0 so0 J m - 11r W = Ir Y ,00'08 Z ,00'OB M11,SS.9Lb9S 3.SS.Bf89N Q 3 9S,9f.89N ,00'08 1 a� a a JI LU m 4 ao0 IIS r all 000 roQO IN LU Q z o Qr z � .00'ae 3,ss,efbeN O I ,00'oe xss ei.e9s I 4 ea 9l ,00'OB a. 3,SS,9fd9N .0006 1 J� m Z Nu O^0 11 W g11 NTO S P oe0 I a Ir O l 00 o ,. 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Box 1997 Kalispell, MT 59903 110 --Appendix F— Subdivision Improvement Agreement APPENDIX F SUBDIVISION IMPROVEMENT AGREEMENT SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this 5th day of October , 20 22 , by and between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First Part and hereinafter referred to as the CITY, and Howard Mann as Quail Meadows, LLC , (Name of Developer) a Corporation (Individual, Company or Corporation) located at P.O. BOX 206, Lakeside MT 59922 (Street Address/P. O. Box) (City, County, State, Zip) Party of the Second Part and hereinafter referred to as DEVELOPER. WITNESSETH: THAT WHEREAS, the Developer is the owner and developer of a new subdivision known as Quail Meadows (Name of Subdivision) Iocated at Kalispell, MT (Location of Subdivision) and, WHEREAS, the City has conditioned it's approval of the final plat of Quail Meadows , upon the conditions as set forth (Name of Subdivision) in the Preliminary Plat of the Subdivision being completed and all improvements, as cited in "Exhibit A" have not been completed at this time, and the Developer wishes to bond for the completion of those improvements set forth in "Exhibit A"; and WHEREAS, the City's Subdivision Regulations require that a subdivider shall provide a financial security of 125% of the estimated total cost of construction of said improvements as evidenced by an estimate prepared by a licensed public engineer included herewith as "Exhibit B"• and WHEREAS, the estimated total cost of construction of said improvements is the sum of l I t — Appendix F--- Subdivision Improvement Agreement 239.790.58 NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision by the City, the Developer hereby agrees as follows: 1. The Developer shall deposit as collateral with the City a Letter of Credit, or other acceptable collateral as determined by the City Council, in the amount of $ 29%738.22 Said Letter of Credit or other collateral shall have an expiration date of at least sixty (60) days following the date set for completion of the improvements, certifying the following: a. That the creditor guarantees fiends in the sum of $ 299,738.22 the estimated cost of completing the required improvements in Quail Meadows (Name of Subdivision) b. That if the Developer fails to complete the specified improvements within the required period, the creditor will pay to the City immediately, and without further action, such funds as are necessary to finance the completion of those improvements up to the limited of credit stated in the letter; 2. That said required improvements shall be fully completed by r-'S , 20 A3 . 3. That upon completion of the required improvements, the Developer shall cause to be filed with the City a statement certifying that: a. All required improvements are complete; b. That the improvements are in compliance with the minimum standards specified by the City for their construction and that the Developer warrants said improvements against any and all defects for a period of two (2) years from the date of acceptance of the completion of those improvements by the City; c. That the Developer knows of no defects in those improvements; d. That these improvements are free and clear of any encumbrances or liens; e. That a schedule of actual construction costs has been filed with the City; and, f. All applicable fees and surcharges have been paid. 4. The Developer shall cause to be filed with the City copies of final plans, profiles, grades and specifications of said improvements, with the certification of the registered professional engineer responsible for their preparation that all required improvements have been installed in conformance with said specifications. i 12 — Appendix F -- Subdivision Improvement Agreement IT IS ALSO AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS, TO -WIT: That the Developer shall provide for inspection of all required improvements by a registered professional engineer before the Developer shall be released from the Subdivision Improvement Agreement. That if the City determines that any improvements are not constructed in compliance with the specifications, it shall furnish the Developer with a list of specific deficiencies and may withhold collateral sufficient to insure such compliance. If the City determines that the Developer will not construct any or all of the improvements in accordance with the specifications, or within the required time limits, it may withdraw the collateral and employ such funds as may be necessary to construct the improvement or improvements in accordance with the specifications. The unused portions of the collateral shall be returned to the Developer or the crediting institution, as is appropriate. IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year herein before written. u Ea`d t) w s 0 1- L C_ (Name of Subdivision/Developer/Firm) by 7, m0.t.a6� rj rN (Title) STATE OF MONTANA COUNTY OF rLAJ� eA-D On this -51-k day of 0 0156-Q- , 20 ?,Z , before me, a Notary Public for the State of Montana, personally appeared _,qoK y.4 g D T. IoA&w , known to me to be the of 4PL)A1L ME- 4-DOKtS, I-LL e , whose, name is subscribed to the foregoing instrument and acknowledged to me that he/xecuted the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal this day and year first above written. 4,-L- �_ A t Ll["= Notary Public for the tate of Montana Printed Name � --As J K At. 4,0' Residing at y� My Commission Expires MAYOR, CITY OF KALISPELL MAYOR r DOUGLAS J KAUFFMAN aornR F NOTARY PUBLIC for the SEA>, State of Montana Residing at Kalispell, MT My Commission Expires July 11, 2024. ATTEST: CITY CLERK Cl (81 Cl )\\\ L�wLlw \\;: /\/ ` Cl Cl \\ - / ) Cl \ClCl Cl )} ) )// |\4\16\66166 \\ \ ,,,,,,--- „ - -- - - -- ` (:! \\ -wit66 450 Corporate Drive Kalispell, MT 59901 October 6th, 2022 TD& Engineering PJ Sorensen, Senior Planner City of Kalispell — Planning Department 201 1st Avenue East Kalispell, MT 59901 406.751.5246 tdhengineering.com RE: QUAIL MEADOWS SUBDIVISION FINAL PLAT TD&H ENGINEERING JOB NO. K21-111 Dear PJ, This letter is meant to address the conditions received from the preliminary plat approval. Project responses can be identified by the bold italic text below. Conditions: 1. The development of the site shall be in substantial compliance with the application submitted, the site plan, materials, and other specifications as well as any additional conditions associated with the preliminary plat as approved by the city council. This condition has been met. The constructed site complies with the submitted materials from the preliminary plat. Please review the final plat for additional information. 2. The preliminary plat approval shall be valid for a period of three years from the date of approval. This condition has been met. Preliminary plat approval was issued on April 4r", 2022 Please see the attached preliminary plat approval letter. 3. New infrastructure required to serve the subdivision shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction. All design work shall be reviewed and approved in writing by the Kalispell Public Works Department prior to construction. This infrastructure shall include, but not be limited to, water, sewer, storm drainage, streets, street lighting, street signage, curb, gutter, boulevard, and sidewalks. This condition has been met. Please see the attached City of Kalispell public works approval. 4. Water and sewer main extensions shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction and in compliance with the city's facilities update and extensions of services plans. The water and sewer main extension plans shall be reviewed and approved by the Kalispell Public Works Department. Prior to final plat, a certification shall be submitted to the Public Works Department stating that the water and sewer mains have been built and tested as designed and approved. BOZEMAN, GREAT FALLS, KALISPELL & SHELBY, MT SPOKANE, WA LEWISTON, ID WATFORD CITY, ND MEDIA, PA October 2022 PAGE NO. 2 This condition has been met. The project was reviewed and approved by the City of Kalispell public works department. An engineer's certification has been submitted to the public works departments accepting and certifying all water and sewer mains to be constructed and tested as approved. Please see the attached City of Kalispell public works approval letter, and the attached Engineer's certification for additional information. 5. The developer shall submit water and sanitary sewer plans, applicable specifications, and design reports to the Kalispell Public Works Department and the Montana Department of Environmental Quality for concurrent review, with approval of both required prior to construction. This condition has been met. Water and sanitary sewer plans were submitted to both the City of Kalispell Public Works Department and the Montana Department of Environmental Quality for concurrent review. Please see the attached MDEQ and City of Kalispell Public Works approval letters. 6. The existing water main shall be extended within the paved portion of Tronstad Road from a connection point near Highway 93 to the development's eastern property line. The city will either participate in the upsize of the water main beyond the minimum size necessary to serve the development or allow for the creation of a latecomer agreement for the developer to recoup the oversize costs. This condition has been met. The existing water main was extended within the paved section of Tronstad Road and capped in line with the eastern property line of the site. TD&H has coordinated the utility upsize credit with the City of Kalispell Public Works Department, and the amount is planned to be reimbursed with the completion of public infrastructure included in the performance bond. Please review the attached construction documents regarding the extents of the water main. 7. The water main within the street connection to the north shall be extended within the roadway of the development to the north property line in accordance with City Standards to allow for future connection and extension. This condition has been met. The water main within the development was extended to the northern property line. Please review the attached construction documents regarding the extents of the water main. 8. Any water rights associated with the property shall be transferred to the City of Kalispell prior to final plat. This condition has been met. There are no water rights associated with the existing property. Please review the attached DNRC water rights search results for the subject property (geocode #07407818301400000). 9. The existing sewer main shall be extended within the paved portion of Tronstad Road from a connection point near US Highway 93 to the eastern property line of the development. This condition has been met. The sewer main was extended from US Highway 93 to the eastern property line within the paved section of Tronstad Road. Please see the attached construction documents regarding the extents of the sewer main. TD& I tdhengineering.com Engineering October 2022 PAGE NO. 3 10. The sewer main within the street connection to the north shall be extended within the roadway of the development to the north property line in accordance with City Standards to allow for future connection and extension, unless otherwise determined by Public Works. This condition has been met. The sewer main was extended to the northern property line in accordance with City Standards. Please refer to the attached construction documents for additional information. 11. The developer shall submit to the Kalispell Public Works Department for review and approval a storm water report and an engineered drainage plan that meets the requirements of the current city standards for design and construction. Prior to final plat, a certification shall be submitted to the public works department stating that the drainage plan for the subdivision has been installed as designed and approved. This condition has been met. The project was reviewed and approved by the City of Kalispell public works department. An engineer's certification has been submitted to the public works departments accepting and certifying the storm drainage system has been constructed and tested as approved. Please see the attached City of Kalispell public works approval letter, and the attached Engineer's certification for additional information. 12. The developer shall submit to the Kalispell Public Works Department prior to construction an erosion/sediment control plan for review and approval and a copy of all documents submitted to Montana Department of Environmental Quality for the General Permit for Storm Water Discharge Associated with Construction Activities. This condition has been met. Please refer to the construction documents and City of Kalispell Public Works approval for information regarding the erosion/sediment control plans for the project. Also, please refer to the attached MDEQ SWPPP for information regarding the MDEQ general permit for stormwater discharge associated with construction activities. 13. A letter from the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell, any private infrastructure has been constructed per city standards, and a proper bond has been accepted for unfinished work. This condition has been met. All infrastructure has been installed, tested, and approved or included in a S/A letter of credit. Upon final acceptance of the remaining infrastructure, the City will be notified. 14. All easements and/or rights -of -way shall be indicated on the face of the final plat. Utility easements for City water and sewer shall be provided to allow for the logical extension of utilities from this subdivision to adjoining properties. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. This condition has been met. Please refer to the attached final plat for additional information. TD& I tdhengineering.com Engineering October 2022 PAGE NO. 4 15. The property frontage along Tronstad Road shall be improved to a major collector standard in accordance with the Transportation Plan and city design standards. Full width improvements are required on the development side of the street including, but not necessarily limited to, curb and gutter, street signage, striping, sidewalk, street lighting, and landscaping. Minimum improvements on the eastbound lane of Tronstad Road shall include the full lane width and a shoulder. Improvement to a major collector shall include a dedication of ten (10) additional feet of right-of-way along the frontage to install the improvements. This condition has been met. Please refer to the attached construction plans, City of Kalispell Public Works Approval Letter, and the final plat for additional information. 16. Based on the submitted Traffic Impact Study prepared by Abelin Traffic Services dated January 2022 and city standards requiring that a developer maintain or improve the level of service at relevant intersections, a % movement approach (or other mitigation acceptable to Public Works and the Montana Department of Transportation) shall be installed at the intersection of Tronstad Road and US Highway 93. This condition has been met. Coordination is still on -going with MDT and the City of Kalispell for maintenance of the proposed 4 turning movement. Please refer to the attached MDT letter for additional information. 17. All streets within the subdivision will be constructed to the appropriate city standards as detailed in the subdivision regulations and the City of Kalispell Standards for Design and Construction for local streets. This condition has been met. The streets within the subdivision have been constructed per the City of Kalispell Standards for Design and Construction. Please refer to the attached City of Kalispell Public Works Approval, and Construction Documents for additional information. 18. A letter from the Kalispell Fire Department approving the access, placement of the fire hydrants and fire flows within the subdivision shall be submitted prior to final plat and shall comply with the fire code. This condition has been met. Please refer to the attached Kalispell Fire Department Approval Letter for additional information. 19. Recommendations contained in the Geotech report prepared by TD&H Engineering in January 2022 shall be followed. In addition, soil migration analysis must be performed due to the propensity of fines migration into trench backfill in the area. The applicant shall submit a utility trench backfill material in accordance with ASTM D-2321 to Public Works for review and approval or provide an acceptable alternative to prevent fines migration. This condition has been met. Fines migration on site was discussed with the City of Kalispell and all sub -surface infrastructure installed per the conversation. Fines migration has been coordinated with the City of Kalispell Public Works Department and their project approval considers the fines migration review. 20. Based upon the recommendations in the Geotech report, a supplemental Geotech report shall be submitted prior to final plat to be reviewed by the Kalispell Building Department to establish to their satisfaction that all building sites would be able to meet loading and other requirements detailed in the International Building Code. i TD8ctdhengineering.com Engineering October 2022 PAGE NO. 5 This condition has been met. An additional geotechnical report has been written regarding the suitability of the on -site soils for building foundations. Please refer to the attached geotechnical addendum for additional information. 21. The following statement shall appear on the final plat: "The undersigned hereby grants unto each and every person, firm or corporation, whether public or private, providing or offering to provide telephone, telegraph, electric power, gas, cable television, water or sewer service to the public, the right to the joint use of an easement for the construction, maintenance, repair, and removal of their lines and other facilities, in, over, under, and across each area designated on this plat as "Utility Easement" to have and to hold forever." This condition has been met. This statement is included in the final plat. Please refer to the attached final plat for additional information. 22. Prior to filing the final plat, a letter from the US Postal Service shall be included stating the Service has reviewed and approved of the design and location of the mail delivery site. The mail delivery site shall be installed or bonded for prior to final plat. In addition, the mail delivery site and improvements shall also be included in the preliminary and final engineering plans to be reviewed by the Public Works Department. The mail delivery site shall not impact a sidewalk or proposed boulevard area. This condition has been met. A letter from the US Postal Service has been included in this package. Please refer to the attached USPS approval letter for additional information. 23. A letter shall be obtained from the Kalispell Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the landscape boulevards of the streets serving the subdivision. The approved landscape plan shall be implemented or a cash in lieu payment for installation of the street trees and groundcover be provided to the Kalispell Parks and Recreation Department. This condition has been met. A parkland cash -in -lieu, as well as the landscape plans have been accepted by the Kalispell Parks and Recreation Direction. Please see the attached landscape bonding information. 24. A parks plan shall be approved by the Parks and Recreation Director. A minimum of 0.3 acres for this phase is required. The park shall meet the standards under Section 28.3.22 and the plan shall show that the parkland dedication requirement is met for this phase. A cash -in -lieu payment may be made pursuant to the subdivision regulations. This condition has been met. A cash -in -lieu payment has been made pursuant to subdivision regulations. Please review the parkland cash -in -lieu payment information, as well as the coordination from the City of Kalispell Parks and Recreation Department. 25. A note shall be placed on the final plat indicating a waiver of the right to protest creation of a park maintenance district. This district shall only be activated if the property owners' association defaults on their park and open space amenity conditions. The taxes levied within the maintenance district shall be determined by the Parks and Recreation Department with approvals by the Kalispell City Council. i TD8ctdhengineering.com Engineering October 2022 PAGE NO. 6 This condition has been met. This note has been included on the final plat. Please refer to the attached final plat for additional information. 26. A note shall be placed on the final plat indicating a waiver of the right to protest creation of a stormwater maintenance district. This district shall only be activated if the property owner(s) default on the maintenance of the approved stormwater facilities. The taxes levied within the maintenance district shall be determined by the Public Works Department with approvals by the Kalispell City Council. This condition has been met. This note has been included on the final plat. Please refer to the attached final plat for additional information. 27. A note shall be placed on the final plat indicating a waiver of the right to protest creation of a Special Improvement District for roadway improvements in adjacent areas stating, "The owners hereby waive the right to protest the creation of an SI D for the purpose of financing improvements to area roads which will specifically benefit this subdivision." This condition has been met. This note has been included on the final plat. Please refer to the attached final plat for additional information. 28. A homeowner's association (HOA) shall be formed and established to provide for the maintenance of all common areas and facilities. This condition has been met. A homeowner's association has been established for this subdivision. Please refer to the attached HOA bylaws for this subdivision. 29. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be completed prior to final plat submittal. This condition has been met. Two-thirds of the infrastructure has been completed prior to the final plat submission. Per Sandry Construction Companies pay application number three, as of 08.25.2022 $1,923,303.54 of work has been completed with a total bid price of $2,887,561.99. Please refer to the attached pay application number 3 for additional information. 30. All utilities shall be placed underground and in locations that are approved by the Kalispell Public Works Department in accordance with the Kalispell Standards for Design and Construction. This condition has been met. All utilities have been placed underground in locations approved by the Kalispell Public Works Department. Please review the attached construction documents and City of Kalispell Public Works Approval. 31. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. This condition has been met. Please refer to the attached construction documents for additional information. TD& I tdhengineering.com Engineering October 2022 PAGE NO. 7 If you have any questions or need any additional information regarding the Final Plat Submittal for Quail Meadows, please feel free to contact me directly. Sincerely, �J Douglas Peppmeier, PE V.P. / Regional Manager TD&H ENGINEERING TD& I tdhengineering.com Engineering Development Services crrY Department Kalispell, MT 59901 1K,A]LISPEIL11, 201 1st Avenue East Phone (406) 758-7940 FINAL PLAT Email: planning(a�kalispell.com Website: www.kalispell.com Project Name Quail Meadows Subdivision Property Address 155 Tronstad Road NAME OF APPLICANT Quail Meadows, LLC - Howard Mann Applicant Phone 406-471-3500 Applicant Address P.O. Box 206 City, State, Zip Lakeside, MT 59922 Applicant Email Address howardtmann@gmail.com If not current owner, please attach a letter from the current owner authorizing the applicant to proceed with the application. OWNER OF RECORD Quail Meadows, LLC - Howard Mann Owner Phone 406-751-3500 Owner Address P.O. Box 206 City, State, Zip Lakeside, MT 59922 Owner Email Address howardtmann@gmail.com CONSULTANT (ARCH ITECTIENGINEER) TD&H Engineering - Kalispell Phone 406-751-5246 Address 450 Corporate Drive, Suite 101 City, State, Zip Kalispell, MT 59901 Email Address Doug.Peppmeier@tdhengineering.com POINT OF CONTACT FOR REVIEW COMMENTS Doug Peppmeier Phone 406-751-5243 Address 450 Corporate Drive, Suite 101 City, State, Zip Kalispell, MT 59901 Email Address Doug.peppmeier@tdhengineering.com List ALL owners (any individual or other entity with an ownership interest in the property): Quail Meadows, LLC Legal Description (please provide a full legal description for the property and attach a copy of the most recent deed): Lot 3, Section 18, T 29 N, R 21 W, P.M.M., City of Kalispell, Flathead County, Montana CB Please initial here indicating that you have verified the description with the Flathead County Clerk and Recorder and that the description provided is in a form acceptable to record at their office. KALISPELL 1. Date of Preliminary Plat Approval 04.04.2022 Development Services Department 201 1st Avenue East Kalispell, MT 59901 Phone (406) 758-7940 2. Type of Subdivision: Residential Industrial Commercial_❑ PUDD Other] 3. Total number of lots in Subdivision: 39 4. Land in Project (acres) 10.00 6. Cash -in -lieu $ 129,631.40 5. Parkland (acres) 0.06 7. Exempt 8. Number of lots by type: Single Family 39 Multi -Family Commercial/Industrial Mobile Home RV Park Townhouse (sublots) Other INSTRUCTIONS FOR FINAL PLAT 1. Attach a letter, which lists each condition of preliminary plat approval, and individually state how each condition has specifically been met. In cases where documentation is required, such as an engineer's certification, State Department of Health certification, etc., original letters shall be submitted. Blank statements stating, for example, "all improvements are in place" are not acceptable. 2. A complete final plat application must be submitted no less than 60 days prior to expiration date of the preliminary plat. 3. Please verify the final plat with staff and submit to the county 509 committee prior to submitting mylars. REQUIRED SUBMITTALS Attached Not Applicable Cover letter addressing preliminary plat conditions w/ attachments X Title Report (Original, not more than 90 days old) X Tax Certification (Property Taxes must be paid) X Consent(s) to Plat (Originals and notarized) X Subdivision Improvement Agreement (Attach signed original & collateral) X Parkland Cash -in -lieu (Check attached) X Water rights transfer X Copy of CCR's X Plats (2 mylars & 1 electronic copy) - other attachments required per appendix D of subdivision regulations X I hereby certify under penalty of perjury and the laws of the State of Montana that the information submitted herein, on all other submitted forms, documents, plans or any other information submitted as a part of this application, to be true, complete, and accurate to the best of my knowledge. Should any information or representation submitted in connection with this application be incorrect or untrue, I understand that any approval based thereon may be rescinded, and other appropriate action taken. The signing of this application signifies approval for the Kalispell City staff to be present on the property for routine monitoring and inspection during the approval and development process. Applicant Signature Date 0501111111 k'11 Y k7 11 IKALISPELL APPLICATION PROCESS (application must be received and accepted by the Kalispell Planning Department 30 days prior to the City Council Meeting) Application Contents: 1. Completed application form & attachments 2. Electronic copy of the application materials submitted. Either copied onto a disk or emailed to planning@kalispell.com (Please note the maximum file size to email is 201MB) Development Services Department 2011st Avenue East Kalispell, MT 59901 Phone (406) 758-7940 3. Electronic copy of the .dwg files of the final plat 4. Application fee based on the schedule below, made payable to the City of Kalispell: Minor Subdivision with approved preliminary plat $400 + $125 per lot Major Subdivision with approved preliminary plat $800 + $125 per lot Subdivisions with waiver of preliminary plat $800 + $125 per lot Subdivision Improvement Agreement $50 Filing Fee Attached $ BASE FEE = $800 LOT FEE = $125 X 39 LOTS = $4,875 TOTAL FILING FEE = $5,675 GUARANTEE Issued by First American Title Company 219 East Center Street/PO Box 1310, Kalispell MT 59901 Title Officer.- Leslie Lane Phone: (406)752-5388 FAX (714)852-4242 File No. 1059242-CT Cover Pa e FS� PMERIfF FirstAmerican Title" Form 5010500 (7-1-14) Guarantee Number: 501055- Guarantee Face Page Issued By FIRST AMERICAN TITLE INSURANCE COMPANY � S Z A ME -MOW FirstAmeriean TitleTM First American Title Insurance Company D"ris J. Ginwre. PreskWM -,/� 0-c4J414A Greg L Smith, Swmary This jacket was created electronically and constitutes an original document File No. 1059242-CT Page 2 of 7 Guarantee Face Page - Exclusions, Conditions and Stipulations Form 5010500 7-1-14 SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 2. 2. Except to the extent that specific assurances are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. (c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any structure or improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential invalidity of any judicial or non -judicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to in Schedule A. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee GUARANTEE CONDITIONS AND STIPULATIONS DEFINITION OF TERMS. The following terms when used in the Guarantee mean: (a) the "Assured": the parry or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to in Schedule (A)(C) or in Part 2, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule (A)(C) or in Part 2, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "public records": records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective date. NOTICE OF CLAIM TO BE GIVEN BY ASSURED CLAIMANT. An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice 3. NO DUTY TO DEFEND OR PROSECUTE. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. COMPANY'S OPTION TO DEFEND OR PROSECUTE ACTIONS; DUTY OF ASSURED CLAIMANT TO COOPERATE. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of File No. 1059242-CT Page 3 of 7 Guarantee Face Page - Exclusions, Conditions and Stipulations Form 5010500 7-1-14 GUARANTEE CONDITIONS AND STIPULATIONS (Continued) this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. S. PROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such Assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third parry, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS: TERMINATION OF LIABILITY. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosection of any litigation for which the Company has exercised its options under Paragraph 4. DETERMINATION AND EXTENT OF LIABILITY. This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the File No. 1059242-CT Page 4 of 7 Guarantee Face Page - Exclusions, Conditions and Stipulations Form 5010500 7-1-14 GUARANTEE CONDITIONS AND STIPULATIONS (Continued) Exclusions From Coverage of This Guarantee. The liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in Schedule A or in Part 2; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance assured against by this Guarantee. B. LIMITATION OF LIABILITY. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 9. REDUCTION OF LIABILITY OR TERMINATION OF LIABILITY. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. 10. PAYMENT OF LOSS. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11. SUBROGATION UPON PAYMENT OR SETTLEMENT. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 12. ARBITRATION. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $1,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. LIABILITY LIMITED TO THIS GUARANTEE; GUARANTEE ENTIRE CONTRACT. (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. NOTICES, WHERE SENT. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at First American Title Insurance Company, Attn: Claims National Intake Center, 1 First American Way, Santa Ana, California 92707. Phone:888-632-1642. File No. 1059242-CT Page 5 of 7 Guarantee Face Page - Exclusions, Conditions and Stipulations Form 5010500 7-1-14 Subdivision Guarantee k• 7 First American Title Guarantee Subdivision or Proposed Subdivision: Quail Meadows Order No.: 1059242-CT Reference No.: ISSUED BY First American Title Insurance Company GUARANTEE NUMBER 5010500-1059242-CT Fee: $150.00 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY, AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE, FIRST AMERICAN TITLE INSURANCE COMPANY, A CORPORATION HEREIN CALLED THE COMPANY GUARANTEES: Howard T. Mann FOR THE PURPOSES OF AIDING ITS COMPLIANCE WITH FLATHEAD COUNTY SUBDIVISION REGULATIONS, in a sum not exceeding $5,000.00. THAT according to those public records which, under the recording laws of the State of Montana, impart constructive notice of matters affecting the title to the lands described on the attached legal description: THAT PORTION OF LOT 3, SECTION 18, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, KNOWN AS: PARCEL 3 OF CERTIFICATE OF SURVEY NO. 1500. THE ABOVE TO BE KNOWN AS QUAIL MEADOWS. (A) Parties having record title interest in said lands whose signatures are necessary under the requirements of Flathead County Subdivision Regulations on the certificates consenting to the recordation of Plats and offering for dedication any streets, roads, avenues, and other easements offered for dedication by said Plat are: Quail Meadows, LLC and Stockman Bank (B) Parties holding liens or encumbrances on the title to said lands are: (C) Easements, claims of easements and restriction agreements of record are: 1. County road rights -of -way not recorded and indexed as a conveyance of record in the office of the Clerk and Recorder pursuant to Title 70, Chapter 21, M.C.A., including, but not limited to any right of the Public and the County of Flathead to use and occupy those certain roads and trails as depicted on County Surveyor's maps on file in the office of the County Surveyor of Flathead County. 2. 2022 taxes and special assessments are an accruing lien, amounts not yet determined or payable. File No. 1059242-CT Page 6 of 7 Guarantee Face Page - Exclusions, Conditions and Stipulations Form 5010500 7-1-14 The first one-half becomes delinquent after November 30th of the current year, the second one-half becomes delinquent after May 31st of the following year. General taxes as set forth below. Any amounts not paid when due will accrue penalties and interest in addition to the amount stated herein: Year First Half / Status Second Half / Status Parcel Number Covers 2021 $2,357.37 PAID $2,357.35 PAID 0781005 Subject Land 3. Reservation by Geoffrey A. D'Atri and Mary E. D'Atri, husband and wife in Warranty Deed recorded July 22, 1977 in Book 619, Page 941 as follows: A reservation of 50% of all mineral rights. 4. All matters, covenants, conditions, restrictions, easements and any rights, interest or claims which may exist by reason thereof, disclosed by Certificate of Survey(s) No. 1500, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin to the extent such covenants, conditions or restriction violate 42 USC 3604 (c). All matters, covenants, conditions, restrictions, easements and any rights, interest or claims which may exist by reason thereof, disclosed on the proposed plat of Quail Meadows, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c). 6. Provisions contained in that Certificate, executed by the State of Montana, Department of Health and Environmental Services. 7. Deed of Trust dated June 23, 2022, to secure an original indebtedness of $2,542,956.30, and any other amounts and/or obligations secured thereby Recorded: June 30, 2022, as Instrument No. 202200016423 Grantor: The Howard T. Mann and Marion J Mann Revocable Living Trust, who acquired title as Howard T. Mann and Marion J. Mann, Co -trustees of the Howard T. Mann and Marion J. Mann Revocable Living Trust AND Quail Meadows, LLC Trustee: First American Title Company Beneficiary: Stockman Bank AFFECTS: Premises and other property Date of Guarantee: July 25, 2022 at 7:30 A.M. First American Title Company By: Authorized Countersignature File No. 1059242-CT Page 7 of 7 Guarantee Face Page - Exclusions, Conditions and Stipulations Form 5010500 7-1-14 JNW18 _2 9 1 KbNKbSLN IAI ION OF I HE LUUAI IUN UK LXIb I LNUE OF I KAU I b OF HF-CUKU, I HEIR BUUNUAKIES UK bASLMbN I b ANU F LOT 1 I 4EJ 4EK 4EGA 4EG 4EBA S '9 2 I Q I � I v 4ED 40 5 4D 4ECA 4EF y' 4EN This map is provided solely for the purpose of assisting in locating the Land, and the aEE Company assumes no liability for variations, If any, with actual survey. 4E 4EA 4EC I — — — — — — — — LOT 2 — — 4EEA D COMM CTR L1 4EL I DONNA DR 2 I 4FA INNA DR , 4 4 5 4J 4M gyp- � Nt £k 3 DD TH` 4 O� 2C� 2C+ 24 + 5+ c 5 AU UMN CT I I II II 4CA I I I# I I� I J� J, , - - - - - - - - - - - - - - - - - -- - PoAV 3 — —------SUBJECT-- LOT a 4CB 4CBA I 4CDB I I 4CD 4CDC 4CC 2C+ 2C+ 2A+ K I 4CDA 4C 0- 2 2 I 4BB 46 4BA S U 5 m 3 2 4 I A !ITF7 tE81B 1M( DDC 3DDB 1F1EBA 3D EAQ 3DDC 1EC 2A J 0 a 1D 1CA � 1 3DF 3DDA+ 3A iGB IED 1KA 3DE I E HAA) 3DEA 1GA iG 1JA iJ 3DDA+ Page 1 /1 �e� a zSat rof_,�i' as '�a QWro Dom' O OeS NM O. 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Ll ef, N ICJ ��j L 7 H i3C W C] DEED ... J'ANry PEEIN MIME) CAM F.d r Vawife, Rccei%,ed, (;COyj:Rj:y .1 J:. ATRI, !mshan* WATRI and IMPY . 1). Of Flathead Montana, the Grantors, do hereby grant, bargain. sell and convey unto JAMIA C. spj,.IoNs, a a narried n0 flay NIeVows Prier, Sandy. Iftall, til. Grantee,I losing I the fill 0 1 described premises, in flathead County, 4out.111a, tj- .it: PARCH. 2 'That portion of Lot s Section is, 'township 29 North, Range 21 Ifest I Flathead Count,: 4ontana, described as follows: C ... enc!ng, at the Northwest wes. of Lot 3; then along the .North line of Lot .3 North H9o5412.1- bast 105.35 feet to the Bast line of IL 3. Hi011aY NO. 93; the- -1-up, the East line of I"";- lligh"' No, 93 South Oo05-617 Cast 375.00'f"t to On') .2 .!cgilllling; thell continuing along the Fast line Southe I:-i"t.-f6l* feet; then North 89c5VIS-811 -100.50 feet; the 0 ;, - rt 0001 Inv, ?.c Stirth last 179.07 foot; then North Or`of7t; then -•- fist 5 77.4 371-11`1 "It; t 051- 2Y 1 I'll, 81 f !Ill tut f Beginning,containing 10.001 acres fL;cto the nd PARCEL S 'll..t portion of Lot 33, Section 18 Township 29 .`:arch, !tang. 21 West, flathead County, Montana, .`:arch,.`:arch, described as follows:C- .- I It c I ni! at the Southeast corner of Lou 3; then along ill,- 15-Ist line of Lot 3North (10211GS11 west 3o.off feet to the 4je POil-I of 1;cgilluilw. file. continuing alongthe liast li:neN-1 11;Os"hest918..16 reIt, then North 19-,9'1I; st qSpqs 1".; then S..1 0-17138" '1 74.. .o; I, .North 89158Sa- bust 188.37 feet; then South lol3l3o- past 5-18.11 feet; then 89053'58" [last 391.10 feet to the ' Point of 10. 015 acres of land. "ll::1FCT TO: A reservation of fifty per cent (504.) of all mineral rights to the Grantors herein. .ALSO SOILIECl for the purpose farm ng, Irrigating and ry cing farm aninals on the North 80 acres owned by cok herein; said s' eacm.t shalt expire licit ver the said Jack SirLICCk and Carla L. Sirucel, dispose of or subdivide the North 30 acres I te-inabove rcft-rred to. ' Fl IIAVf: AND 1*0 11OLD file said premiss, with their appurtenances unto the said d U ra utce, his heirs and .asslr�,Fodre,%:cr. And tliL- said It , covenanto andivith mt�%s.l,,,.,raat",.tIjatth y r , the i fee I. said 1, re 1. ; that they ❑r. free c from inctinbrances that they will warrant and defend the same Fran all !awful claims idiat—ver.' PA 1-1.9; ToA /9, 197-/ ti� 97- Oak Ist of 1 pages - -DEED. 9dk 6/9 �JaJa pgz STAIII: OI' Mip;r.I`;d [:uunty of Flathead j sue. On this l_?S''dar of .fair, 19-J, before nc•, a %otarc Public i I- and for said J[atc, persooallS- appeared GL�Il7`RIE1' :l. 1tl:1TR[ and MARIelm R. allTkl, husband and vile, L.novn to nc to be the persons "hose uanus all .ubsct ibed to tiro within instrument, and acknowledged to ne that then executed tite sane. rotary of`l ontt-' aoa Residing at Enlispull, Montana SL• coamiss ion expires SEAL ;.;> rF"U. STATE OF SiO.WTANA, 1 County of Flathead I Filed for record at the request of «.� ^ j•�G this d J. day o[-.9'.t,____.._ 19D_ at 2 /S o'clock J kt and recorded in VOL.El i PAGE _.. 51.1..____... Aec-rda of flathead County. Stale of Montana, Fcc $— Gl1L IV____ ...___.. ._._�� l RECEPTION NO. _1(n.�GII�� ___.._._ ___ Fathead County Clerk and Recorder RETURN TO Ct_YYi..(yy� —lJ./- - •"_ `l l�-I IN6ECED t)eputy COPIED (?'D'It�`l-._�PE—,�I Wl — NPAR'D 2ad of 2 pages �e� a zSat rof_,�i' as '�a QWro Dom' O OeS NM O. W tyy, R,°C P. Imo IO rn c�.3 ,Q..1 so,joo�w�N� moo]o5n eoc�Nc soJ«3"°« O Wams�, v -3ro°u e. °mom° 3a° �c�oyc omo -no c° F U'm 1tla a oa .°�`� m j��o4 oo `a �� ma6•° W] umFWm Wb co �ro� c ,� .o nV<y � U vo a r c o •� w c _ 74 eror F.$$ +9iu ccro «sue �>. �b c'ceo«iriia °c°eo o°-c c cjea tc's � mi Ysm% -. r_`aus zz F ooscG 6 FA£o os 0.o Q!;yyc , iwc;', mnio W W Ua zW:��..`.3 o. ,:, .�a..wr.. .. .. ro U W > m Ncr Z U 0� OH CS m N K J ^ o-b .F Y low--�-,oG-SG21 M..S0.1Z va'w ,fl W A V J f 'LLf b_ 0 3 and mm m10 10 d z 0 s _ J � Q 'M.QE,LIeO'N d a � d O j L �c 4 go O l0'ELE m 'o m d c mom' - F i z L oO 1M If � w w ; 0 N .0 Q ^! bq V < P. U- <� ^�I 1. i W QQ 0 Wa c a3 � 4'", Q .: s "fie P 0 a°7 ° m -o.° - TO �y •O m � y � o E 0 co d.0 y 7 N a,c E'y o_� y E o U 'e O e D 0 m m J� J " � as �W wa o 1=l s mr" .xo W �f1� = J in Q m� � o ' � � ,00'9►5 'M.ZO,l0.0'Y it m IE'b G21 IE'bZEI '3 ,y'Z ,Eo oo'S E6 'oN jon y6 { S n rGs . �J Y rr t r U Y� 1 W L 'e . IIIIIIII II IIIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII 1111111111111111111111111111111111 IIIIIIIIIIIIIIII'IIIIIIIIIIIIIIII IIII page: 10of6143 Debbie Pierson, Flathead County MT by 1W 6/30/2022 4;19 PM WHEN RECORDED MAIL TO: Stockman Bank of Montana Kalispell Office Ln PO Box 7190 0 1 South Main St Kalispell, MT 59904 n 0 N N O O O CT FOR RECORDER'S USE ONLY CONSTRUCTION DEED OF TRUST MAXIMUM LIEN. The total principal indebtedness that may be outstanding at any given time which is secured by this Deed of Trust is $2,542,956.30. THIS DEED OF TRUST is dated June 23, 2022, among The Howard T Mann and Marion J Mann Revocable Living Trust, who acquired title as Howard T Mann and Marion J Mann, Co -Trustees of the Howard T Mann and Marion J Mann Revocable Living Trust, whose address is 789 Angel Point Rd, Lakeside, MT 59922; and Quail Meadows LLC, whose address is 789 Angel Point Rd, Lakeside, MT 59922 ("Grantor"); Stockman Bank of Montana, whose address is Kalispell Office, PO Box 7190, 1 South Main St, Kalispell, MT 59904 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and First American Title Company, whose address is 219 E Center St, Kalispell, MT 59901 (referred to below as "Trustee"). CONVEYANCE AND GRANT. For valuable consideration, Grantor conveys to Trustee for the benefit of Lender as Beneficiary all of Grantor's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters (the "Real Property") located in Flathead County, State of Montana: PARCEL 1: THAT PORTION OF LOT 3, SECTION 18, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, KNOWN AS: PARCEL 3 OF CERTIFICATE OF SURVEY NO. 1500. PARCEL 2: LOT 10 OF ANGEL POINT ACREAGE, ACCORDING TO THE MAP OR PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF FLATHEAD COUNTY, MONTANA The Real Property or its address is commonly known as the above -described property located in, MT. CROSS-COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest thereon, of either Grantor or Borrower to Lender, or any one or more of them, as well as all claims by Lender against Borrower and Grantor or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Borrower or Grantor may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable. FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to Borrower or Grantor whether or not the advances are made pursuant to a commitment. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts specified in the Note, all future amounts Lender in its discretion may loan to Borrower or Grantor, together with all interest thereon. Grantor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Grantor's IIIIIIIIII II I III IIIII IIIII IIIII IIIII 1111111111111111111111111111111111111111111111 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIII 23 Page: 2 of 14 Fees: $112.00 6/30/2022 4:19 PM DEED OF TRUST Loan No: 7040000822 (Continued) Page 2 right, title, and interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THIS DEED OF TRUST. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS ALSO GIVEN TO SECURE ANY AND ALL OF BORROWER'S OBLIGATIONS UNDER THAT CERTAIN CONSTRUCTION LOAN AGREEMENT BETWEEN BORROWER AND LENDER OF EVEN DATE HEREWITH. ANY EVENT OF DEFAULT UNDER THE CONSTRUCTION LOAN AGREEMENT, OR ANY OF THE RELATED DOCUMENTS REFERRED TO THEREIN, SHALL ALSO BE AN EVENT OF DEFAULT UNDER THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: GRANTOR'S REPRESENTATIONS AND WARRANTIES. Grantor warrants that: (a) this Deed of Trust is executed at Borrower's request and not at the request of Lender; (b) Grantor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the Property; (c) the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or other instrument binding upon Grantor and do not result in a violation of any law, regulation, court decree or order applicable to Grantor; (d) Grantor has established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e) Lender has made no representation to Grantor about Borrower (including without limitation the creditworthiness of Borrower). GRANTOR'S WAIVERS. Grantor waives all rights or defenses arising by reason of any "one action" or "anti -deficiency" law, or any other law which may prevent Lender from bringing any action against Grantor, including a claim for deficiency to the extent Lender is otherwise entitled to a claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by exercise of a power of sale. PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower and Grantor shall pay to Lender all Indebtedness secured by this Deed of Trust as it becomes due, and Borrower and Grantor shall strictly perform all their respective obligations under the Note, this Deed of Trust, and the Related Documents. CONSTRUCTION MORTGAGE. This Deed of Trust is a "construction mortgage" for the purposes of Sections 9-334 and 2A-309 of the Uniform Commercial Code, as those sections have been adopted by the State of Montana. POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Grantor agree that Borrower's and Grantor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain in possession and control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property. The following provisions relate to the use of the Property or to other limitations on the Property. The Real Property does not exceed forty (40) acres, and this instrument is a Trust Indenture executed in conformity with the Small Tract Financing Act of Montana. Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Compliance With Environmental Laws. Grantor represents and warrants to Lender that: (1) During the period of Grantor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (2) Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) 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 Hazardous Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Grantor authorizes Lender and its agents to enter upon the Property to make such inspections and tests, at Grantor's expense, as Lender may deem appropriate to determine IIIIIIIIII II I III IIIII IIIII IIIII IIIII 1111111111111111111111111111111111111111111111 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIII 23 Page: 3 of 14 Fees: $112.00 6/30/2022 4:19 PM DEED OF TRUST Loan No: 7040000822 (Continued) Page 3 compliance of the Property with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Grantor 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 (2) 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 interest in the Property, whether or not the same was or should have 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 Indebtedness and the satisfaction and reconveyance of the lien of this Deed of Trust and 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 or any portion of the Property. Without limiting the generality of the foregoing, Grantor will not remove, or grant to any other party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, 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 consent. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value. Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at 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 applicable 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, in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest. Duty to Protect. Grantor agrees neither to abandon or leave unattended the 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. Construction Loan. if some or all of the proceeds of the loan creating the Indebtedness are to be used to construct or complete construction of any Improvements on the Property, the Improvements shall be completed no later than the maturity date of the Note (or such earlier date as Lender may reasonably establish) and Grantor shall 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 created by this Deed of Trust shall have priority over all possible liens, including those of material suppliers and workmen. Lender 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. DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums secured by this Deed of Trust upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real Property, or any interest in the Real Property. A "sale or transfer" means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a term greater than three (3) years, lease -option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real Property. If any Grantor is a corporation, partnership or limited liability company, transfer also includes any restructuring of the legal entity (whether by merger, division or otherwise) or any change in ownership of more than twenty-five percent (25%) of the voting stock, partnership interests or limited liability company interests, as the case may be, of such Grantor. However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Montana law. �� Page: IIIIII11111111111�JIM111111111 Fees: $112.00 6/30/2022 4:19 PM DEED OF TRUST Loan No: 7040000822 (Continued) Page 4 TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of Trust: Payment. Grantor shall pay when due (and in all events prior to delinquency) all taxes, special taxes, assessments, charges (including water and sewer), fines and 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, so long as Lender's interest in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment, Grantor shall within fifteen (15) days after the lien arises or, if a lien is filed, within fifteen (15) days after Grantor has notice of the filing, secure the discharge of the lien, or if 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 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 name Lender as an additional obligee under any surety bond furnished in the contest proceedings. Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property. Notice of Construction. Grantor shall 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 lien, materialmen's lien, or other lien could be asserted 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 shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Grantor shall 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 in such liability insurance policies. Additionally, Grantor shall maintain such other insurance, including but not limited to hazard, business interruption, and boiler insurance, as Lender may reasonably require. Policies shall be written in form, amounts, coverages and basis reasonably acceptable to Lender and issued by a company or companies reasonably acceptable to Lender. Grantor, upon request of Lender, will deliver to Lender from time to time the policies or certificates of insurance in form satisfactory to Lender, including stipulations that coverages will not be cancelled or diminished without at least thirty (30) days prior written notice to Lender. Each insurance policy also shall include an endorsement providing that coverage in favor of Lender 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 an area designated by the Administrator of the Federal Emergency Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain flood insurance, if available, for the full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of the loan. Flood insurance may be purchased under the National Flood Insurance Program, from private insurers providing "private flood insurance" as defined by applicable federal flood insurance statutes and regulations, or from another flood insurance provider that is both acceptable to Lender in its sole discretion and permitted by applicable federal flood insurance statutes and regulations. Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss if Grantor fails to do so within fifteen (15) 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 damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the �� Page: IIIIII11111111111�JIM111111111 Fees: $112.00 6/30/2022 4:19 PM DEED OF TRUST Loan No: 7040000822 (Continued) Page 5 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, and the remainder, if any, shall be applied to the principal balance of the Indebtedness. If Lender 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: (1) the name of the insurer; (2) the risks insured; (3) the amount of the policy; (4) the property insured, the then current replacement value of such property, and the manner of determining that value; and (5) the expiration date of the policy. Grantor shall, upon request of Lender, have an independent appraiser satisfactory to Lender determine the cash value replacement cost of the Property. TAX AND INSURANCE RESERVES. Subject to any limitations and consistent with any requirements set by applicable law, Lender may require Grantor to maintain with Lender reserves for payment of annual taxes, assessments, and insurance premiums, which reserves shall be created by an initial deposit and subsequent monthly payments, or payments at such other interval as payments under the Note may be due, of a sum estimated by Lender to be sufficient to pay the total annual taxes, assessments, and insurance premiums Lender reasonably anticipates to be paid from these reserves. The reserve funds shall be held by Lender as a general deposit from Grantor, which Lender may satisfy by payment of the taxes, assessments, and insurance premiums required to be paid by Grantor as they become due. Lender shall have the right to draw upon the reserve funds to pay such items, and Lender shall not be required to determine the validity or accuracy of any item before paying it. Nothing in the Deed of Trust shall be construed as requiring Lender to advance other monies for such purposes, and Lender shall not incur any liability for anything it may do or omit to do with respect to the reserve account. Subject to any limitations set by applicable law, if the reserve funds disclose a shortage or deficiency, Grantor shall pay such shortage or deficiency as required by Lender. All amounts in the reserve account are hereby pledged to further secure the Indebtedness, and Lender is hereby authorized to withdraw and apply such amounts on the Indebtedness upon the occurrence of an Event of Default. Lender shall not be required to pay any interest or earnings on the reserve funds unless required by law or agreed to by Lender in writing. Lender does not hold the reserve funds in trust for Grantor, and Lender is not Grantor's agent for payment of the taxes and assessments required to be paid by Grantor. LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in the Property or if Grantor fails to comply with any provision of this Deed of Trust or any 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 (but 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, at 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 Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term of the Note; or (G) be treated as a balloon payment which will be due and payable at the Note's maturity. The Deed of Trust also will secure payment of these amounts. Such right shall be in addition to all other rights and remedies to which Lender may be entitled upon the occurrence of any Event of Default. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed of Trust: Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property in fee simple, free and clear of all liens and encumbrances other than those set forth in the Real Property description or in any title insurance policy, title 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. Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of Trustee or Lender under this Deed of Trust, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party 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 IIIIIIIIII II I III IIIII IIIII IIIII IIIII 1111111111111111111111111111111111111111111111 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIII 23 Page: 6 of 14 Fees: $112.00 6/30/2022 4:19 PM DEED OF TRUST Loan No: 7040000822 (Continued) Page 6 time to permit such participation. Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorities. Survival of Representations and Warranties. All representations, warranties, and agreements made by Grantor in this Deed of Trust shall survive the execution and delivery of this Deed of Trust, shall be continuing in nature, and shall remain in full force and effect until such time as Borrower'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 condemnation is filed, Grantor shall promptly notify Lender in writing, and Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and 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. Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any 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 applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all 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 and charges are a 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 and take whatever other action is 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 Deed 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 constitute taxes to which this section applies: (1) a specific tax upon this type of Deed of Trust or upon all or any part of the Indebtedness secured by this Deed of Trust; (2) a specific tax on Borrower which Borrower 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; and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Borrower. 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 all of its available remedies for an Event of Default as provided below unless Grantor either (1) pays the tax before it becomes delinquent, or (2) contests the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. 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 shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. Security Interest. Upon request by Lender, Grantor shall take whatever action is requested by Lender to perfect and continue Lender'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, file executed counterparts, copies or reproductions of this Deed of Trust as a financing statement. Grantor shall 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 a manner and at a place reasonably convenient to Grantor and Lender and make it available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable law. Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party) from which information concerning the security interest granted by this Deed of Trust may be obtained (each as IIIIIIIIII II I III IIIII IIIII IIIII IIIII IIIII IIIII 11111111111111111111111111111111111 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIII IIII 23 Page: 7 of 14 Fees: $112.00 6/30/2022 4:19 PM DEED OF TRUST Loan No: 7040000822 (Continued) Page 7 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 Assurances. At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, 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, refiled, or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue, or preserve (1) Borrower's and Grantor's obligations under the Note, this Deed of Trust, and the Related Documents, and (2) the liens and security interests created by this Deed of Trust as first and prior liens on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law or Lender agrees to the contrary in writing, Grantor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph. Attorney -in -Fact. If Grantor fails 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 irrevocably appoints Lender 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 accomplish the matters referred to in the preceding paragraph. FULL PERFORMANCE. If Borrower and Grantor pay all the Indebtedness, including without limitation all future advances, when due, and Grantor otherwise performs all the obligations imposed upon Grantor under this Deed of Trust, Lender shall execute and deliver to Trustee a request for full reconveyance and shall 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 following, at Lender's option, shall constitute an Event of Default under this Deed of Trust: Payment Default. Borrower fails to make any payment when due under the Indebtedness. Other Defaults. Borrower or Grantor fails to comply with or to perform any other term, obligation, covenant or condition contained in this Deed of Trust or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Borrower or Grantor. Compliance Default. 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 time required by this Deed of Trust to make any payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or Grantor or on Borrower's or Grantor's behalf under this Deed of Trust or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Defective Collateralization. This Deed of Trust or any of the Related Documents ceases to be in full force and effect (including failure of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason. Insolvency. The dissolution or termination of the Trust, the insolvency of Borrower or Grantor, the appointment of a receiver for any part of Borrower's or 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 Borrower or 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 Borrower or Grantor or by any governmental agency against any property securing the Indebtedness. This includes a garnishment of any of Borrower's or Grantor's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower or Grantor as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower or Grantor gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the IIIIIIIIII II I III IIIII IIIII IIIII IIIII 111111111111111111111111111111111111111111 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIII IIII 23 Page: 8 of 14 Fees: $112.00 6/30/2022 4:19 PM DEED OF TRUST Loan No: 7040000822 (Continued) Page 8 creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Breach of Other Agreement. Any breach by Borrower or Grantor under the terms of any other agreement between Borrower or Grantor and Lender that is not remedied within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other obligation of Borrower or Grantor to Lender, whether existing now or later. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. Adverse Change. A material adverse change occurs in Borrowers or Grantor's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is impaired. Insecurity. Lender in good faith believes itself insecure. RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at any time thereafter, Trustee or Lender may exercise any one or more of the following rights and remedies: Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Deed of Trust, after Grantor's failure to perform, shall not affect Lender's right to declare a default and exercise its remedies. Accelerate Indebtedness. Lender shall have the right at its option without notice to Borrower or Grantor to declare the entire Indebtedness immediately due and payable, including any prepayment penalty which Borrower would be required to pay. Foreclosure. With respect to all or any part of the Real Property, the Trustee shall have the right to foreclose by notice and sale, 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 all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code. Collect Rents. Lender shall have the right, without notice to Borrower or Grantor to take possession of and manage the Property and collect the Rents, including amounts past due 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-fact to endorse instruments received in payment thereof in the name of Grantor and to negotiate the same and 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 for 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 appointed to take possession of all or any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the 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 a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver. Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided above or Lender otherwise becomes entitled to possession of the Property upon default of Borrower or Grantor, Grantor shall become a tenant at sufferance of Lender or the purchaser of the Property and shall, at Lender's option, either (1) pay a reasonable rental for the use of the Property, or (2) vacate the Property immediately upon the demand of Lender. Other Remedies. Trustee or Lender shall have any other right or remedy provided in this Deed of Trust or the Note or available at law or in equity. Notice of Sale. Lender shall give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the time after which any private sale or other intended disposition of the Personal Property is to be made. Reasonable notice shall mean notice given at least ten (10) days before the time of the sale or disposition. Any sale of the Personal Property may be made in conjunction with any sale of the Real Property. Sale of the Property. To the extent permitted by applicable law, Borrower and Grantor hereby IIIIIIIIII II I III IIIII IIIII IIIII IIIII 111111111111111111111111111111111111111111 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIII IIII 23 Page: 9 of 14 Fees: $112.00 6/30/2022 4:19 PM DEED OF TRUST Loan No: 7040000822 (Continued) Page 9 waives any and all rights to have the Property marshalled. In exercising its rights and remedies, the Trustee or Lender shall be free to sell all or any part of the Property together or separately, in one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property. Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of Trust, Lender shall be entitled to recover such sum as the court may adjudge reasonable as 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 Lender incurs that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees, paralegal fees, and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post -judgment collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by law. Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this section. POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are part of this Deed of Trust: Powers of Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee shall have the power to take the following actions with respect to the Property upon the written request of Lender and Grantor: (a) join in preparing and filing a map or plat of the Real Property, including the dedication of streets or other rights to the public; (b) join in granting any easement or creating any restriction on the Real Property; and (c) join in any subordination or other agreement affecting this Deed of Trust or the interest of Lender under this Deed of Trust. Obligations to Notify. Trustee shall not be obligated to notify any other party of a pending sale under any other trust deed or lien, or of any action or proceeding in which Grantor, Lender, or Trustee shall be a party, unless the action or proceeding is brought by Trustee. Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights and remedies set forth above, with respect to all or any part of the Property, the Trustee shall have the right to foreclose by notice and sale, 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. Successor Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee appointed under this Deed of Trust by an instrument executed and acknowledged by Lender and recorded in the office of the recorder of Flathead County, State of Montana. The instrument shall contain, in addition to all other matters required by state law, the names of the original Lender, Trustee, and Grantor, the book and page where this Deed of Trust is recorded, and the name and address of the successor trustee, and the instrument shall be executed and acknowledged by Lender or its successors in interest. The successor trustee, without conveyance of the Property, shall succeed to all the title, power, and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for substitution of Trustee shall govern to the exclusion of all other provisions for substitution. NOTICES. Any notice required to be given under this Deed of Trust, including without limitation any notice of default and any notice of sale shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Deed 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 change 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 party'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 than one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to all Grantors. COUNTERPARTS. This document may be executed in any number of counterparts, including via facsimile or electronic mail delivery of scanned copies, each of which when so executed and delivered IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIPage: 10 of 14 IIIIIIIIIIIIIIII11111IIIIIJillIIIII111 Fees: $112.00 6/30/2022 4:19 PM DEED OF TRUST Loan No: 7040000822 (Continued) Page 10 shall be deemed an original, and such counterparts together shall constitute one instrument. The signatures of all parties need not appear on the same counterpart. This document may also be executed in identical counterparts to facilitate recording of this document on Real Property in multiple counties. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust: Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire understanding and 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 shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Annual Reports. If the Property is used for purposes other than Grantor's residence, Grantor shall furnish to Lender, upon request, a certified statement of net operating income received from the Property during Grantor's previous fiscal year in such form and detail as Lender shall require. "Net operating income" shall mean all cash receipts from the Property less 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 shall be no merger of the interest or estate created by this Deed of Trust with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender. Governing Law. This Deed of Trust will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the State of Montana without regard to its conflicts of law provisions. This Deed of Trust has been accepted by Lender in the State of Montana. Joint and Several Liability. All obligations of Borrower and Grantor under this Deed of Trust shall be joint and several, and all references to Grantor shall mean each and every Grantor, and all references to Borrower shall mean each and every Borrower. This means that each Grantor signing below is responsible for all obligations in this Deed of Trust. Where any one or more of the parties is a corporation, partnership, limited liability company or similar entity, it is not necessary for Lender to inquire into the powers of any of the officers, directors, partners, members, or other agents acting or purporting to act on the entity's behalf, and any obligations made or created in reliance upon the professed exercise of such powers shall be guaranteed under this Deed of Trust. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as 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 compliance with that provision or any other provision of this Deed of Trust. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall 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 instance shall 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. Severability. If a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal, invalid, or unenforceable as to any person or circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other person or circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be considered deleted from this Deed of Trust. Unless otherwise required by law, the illegality, invalidity, or unenforceability 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. Subject to any limitations stated in this Deed of Trust on transfer of Grantor's interest, this Deed of Trust shall be binding upon and inure to the benefit of the parties, their successors and assigns. 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 from 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. Waive Jury. All parties to this Deed of Trust hereby waive the right to any jury trial in any action, IIIIIIII II II I III IIIII IIIII IIIII IIIII 1111111111111111111111111111111111111111111111111111111202200016423 IIIPage: 11 of 14 Fees: $112.00 6/30/2022 4:19 PM DEED OF TRUST Loan No: 7040000822 (Continued) Page 11 proceeding, or counterclaim brought by any parry against any other party. Waiver of Homestead Exemption. Grantor hereby releases and waives all rights and benefits of the homestead exemption laws of the State of Montana as to all Indebtedness secured by this Deed of Trust. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Deed of Trust. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise defined in this Deed of Trust shall have the meanings attributed to such terms in the Uniform Commercial Code: Beneficiary. The word 'Beneficiary" means Stockman Bank of Montana, and its successors and assigns. Borrower. The word 'Borrower" means Quail Meadows LLC and includes all co-signers and co -makers signing the Note and 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 and Rents. This Deed of Trust is intended to be a trust indenture as provided for in the Small Tract Financing Act of Montana. Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et 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. The word "Grantor" means Quail Meadows LLC and The Howard T Mann and Marion J Mann Revocable Living Trust, Guarantor. The word "Guarantor" means any guarantor, surety, or accommodation parry of any or all of the Indebtedness. Guaranty. The word "Guaranty" means the guaranty from Guarantor to Lender, including without limitation 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 cause or pose a 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 toxic substances, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos. Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real Property. Indebtedness. 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 amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by Trustee or Lender to enforce Grantor's obligations under this Deed of Trust, together with interest on such amounts as provided in this Deed of Trust. Specifically, without limitation, Indebtedness includes the future advances set forth in the Future Advances provision, together with all interest thereon and all amounts that may be indirectly secured by the Cross-Collateralization provision of this Deed of Trust. Lender. The word "Lender" means Stockman Bank of Montana, its successors and assigns. Note. The word "Note" means the promissory note dated June 23, 2022, in the original principal amount of $2,542,956.30 from Borrower to Lender, together with all renewals of, extensions of, IIIIIIIIII II I III IIIII IIIII IIIII IIIII 1111111111111111111111111111111111111111111111111111111202200016423 IIIPage:12 of 14 Fees: $112.00 6/30/2022 4:19 PM DEED OF TRUST Loan No: 7040000822 (Continued) Page 12 modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. The maturity date of the Note is December 1, 2023. NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE. Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (including without limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. However, should the Real Property be located in an area designated by the Administrator of the Federal Emergency Management Agency as a special flood hazard area, Personal Property is limited to only those items specifically covered (currently or hereafter) by Coverage A of the standard flood insurance policy issued in accordance with the National Flood Insurance Program or under equivalent coverage similarly issued by a private insurer to satisfy the National Flood Insurance Act (as amended). Property. The word "Property' means collectively the Real Property and the Personal Property. Real Property. The words "Real Property' mean the real property, interests and rights, as further described in this Deed of Trust. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness; except that the words do not mean any guaranty or environmental agreement, 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 Company, whose address is 219 E Center St, Kalispell, MT 59901 and any substitute or successor trustees. EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND EACH GRANTOR AGREES TO ITS TERMS. GRANTOR: QUAIL MEADOWS LLC By: Howard Mann, Member, Manager and President of Quail Meadows LLC THE HOWARD T MANN AND MARION J MANN REVOCABLE LIVING TRUST By: �L In, / Howard T Mann, Trustee of The Howard T Mann and Marion J Mann Revocable Living Trust By: ion !Ole of The Howard T Mann and a 'on JLivi g Trust IIIIIIIIII II I III IIIII IIIII IIIII IIIII 1111111111111111111111111111111111111111111111111111111202200016423 IIIPage:13 of 14 Fees: $112.00 6/30/2022 4:19 PM DEED OF TRUST Loan No: 7040000822 (Continued) LIMITED LIABILITY COMPANY ACKNOWLEDGMENT STATE OF /N/1 {ttrlc� / ) SS COUNTY OF Fllt��cGl ) Page 13 This record was acknowledged before me on J m i 3C? , 20 2 2 by Howard Mann, Member, Manager and President of Quail Meadows LLC. (Signature of notarial officer) '» CHELSEA WALK { . NOTARYOfUrW� "'° 6u&z. `ins t)t r ?�* SE"1, Nbnrona Printed name and title of officer if not shown in stamp) TRUST ACKNOWLEDGMENT STATE OF !/ M f iV?a / ) SS COUNTY OF This record was acknowledged before me on ) (lty 3y . 20 22 by Howard T Mann, Trustee of The Howard T Mann and Marion J Mann Revocable Living Trust and Marion J Mann, Trustee of The Howard T Mann and Marion J Mann Revocable Living Trust. (Signature of notarial officer) �G wy /� / �D l.(.(,(Lf �— Printed name and title of officer (if not shown in stamp) CHELSEA WALK NOTARY for the 'J *� f MOM: store or mwdww Expl— Jul15.2M IIIIIIIIII II I III IIIII IIIII IIIII IIIII 1111111111111111111111111111111111111111111111111111111202200016423 IIIPage:14 of 14 Fees: $112.00 6/30/2022 4:19 PM DEED OF TRUST Loan No: 7040000822 (Continued) Page 14 REQUEST FOR FULL RECONVEYANCE (To be used only when obligations have been paid in full) 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), and 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 mail the reconveyance and Related Documents to: Date: Beneficiary: By: Its: LaserPro, Ver. 22.1:0-044 Copr. Finastra USA Corporation 1997, 2022. All Rights Reserved. - MT r.. . , ' C;\LP\CFI\LPL\GO1.FC TR-108975 PR-2 f .1 11111111111111111111 IN III III 11111111 Page: �o f02 55 Ln O O O N O I _J Upon recording, please return to: Quail Meadows, LLC Attn.: Howard T. Mann, Manager P.O. Box 206 Lakeside, Montana 59922 Send Tax Notices to: Quail Meadows, LLC Attn.: Howard T. Mann, Manager P.O. Box 206 Lakeside, Montana 59922 Debbie Pierson, Flathead County MT by DT WARRANTY DEED SCHWAGER to QUAIL MEADOWS, LLC Parcel 3 of Certificate of Survey No. 1500, Flathead County, MT 4/25/2022 4$16 PM THIS INDENTURE, in the form of a warranty deed, is made and given, with warranties of title, the 25th day of April, 2022, by the GRANTOR, namely: MARK JOSEPH SCHWAGER, the address for whom is P.O. Box 7635, Kalispell, Montana 59904, to the GRANTEE, namely: QUAIL MEADOWS, LLC, a Montana Limited Liability Company, the principal office address for which is 789 Angel Point Road, P.O. Box 206, Lakeside, Montana 59922; WITNESSETH, that the said Grantor, for good and valuable consideration to him in hand paid by the said Grantee, the receipt and sufficiency of which is hereby acknowledged, does hereby grant, bargain, sell and convey unto the Grantee, and to the successors and assigns of the Grantee, forever, all that certain lot, piece or parcel of land situated and being in Flathead County, Montana, particularly described as follows: THAT PORTION OF LOT 3, SECTION 18, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, SHOWN AS PARCEL 3 OF CERTIFICATE OF SURVEY NO. 1500. SUBJECT TO existing easements and rights -of -way; reservations and exceptions in patents from the United States and the State of Montana; mineral and royalty reservations and conveyances of record; building, use, zoning, sanitary and environmental restrictions; and such other easements, restrictions and interests disclosed by the records of the Clerk and Recorder for Flathead County, Montana, and noted in Part II of Schedule B of the April 7, 2022 ALTA Commitment for Title Insurance issued by Old Republic National Title Insurance Company under First American Title Company's Commitment No. 1019863-CT (Revision No. 3) as items 11, 12,13 and 15; and Warranty Deed —Schwager to Onail Meadows, LLC Page I of 2 11111111111111111111IN 11111111111111 20220 Page: 2 of02655 Fees: $16.00 4/25/2022 4:16 PM TOGETHER WITH all appurtenances and the reversion, remainder, rents, issues and profits thereof, and the said Grantor does hereby covenant that he will forever warrant and defend all right, title and interest in and to the said premises and the quiet and peaceable possession thereof unto the said Grantee, and to the successors and assigns of the said Grantee, forever, against all acts and deeds of the said Grantor and all and every person or persons whomsoever, claiming or to claim the same. IN WITNESS WHEREOF, the Grantor has caused this instrument to be executed by placing his signature thereon, effective the day and year first above written. GRANTOR By: Mark Joseph Schwager, Grantor ACKNOWLEDGMENT STATE OF MONTANA ) :SS County of Flathead ) This instrument was acknowledged before me of Ap�1, 2022, by Mark Joseph Schwager. Notary Vuby, State of Montana (Stamp Name, Commission # and Expiration to the left] [Seal of Notary) 0AUBfgr SUZANNE FAUBERT HYATT �p'AR �q�y�'^ NOTARY PUBLIC for the * SEAL * State of Montana Residing at Kalispell, Montana N�rFOFMO�p�p My Commission Expires May 26, 2025 Warranty Deed - Schwager to Quail Meadows, LLC Page 2 o. f 2 Options I Inquiry I Overview Unpaid Taxes Pay Taxes Tax History Tax Bill Disclaimer Email: I I Email Overview Rpt Active Header Year: 20 Assessor: 0781005 SD: 05 Names : 1 M SCHWAGER, MARK JOSEPH ddresses: Mailing Address PO BOX 7635 KALISPELL MT 59904 Legal Descriptions Record 401 Sec:18 Twp:29 Rng:21 Description:TR 4BA & TR 4CC IN L 3 Acres: 10.02 Value record(s) for year 2020 Catcd Description Acres Value TaxableVal Geocode 1 J 21010 TRACT LAND 10.02 139872 1888.00 07407818301400000 Options Inquiry Overview I Unpaid Taxes I Pay Taxes Tax History Tax Bill I Disclaimer Assr: 0781005 YearISDIInstj Taxbill Date Due Date Pai Tax Am4Void/AbatA Pen/In Total Pai 021 75 2 202155621 5/31/22 04/29/22 2357.35 2357.35 021 75 1 202155621 11/30/21 12/10/21 2357.37 2357.37 2020 05 2 202007980 5/31/21 05/28/21 2198.40 2198.40 2020 05 1 202007980 11/30/20 12/02/20 2198.43 2198.43 2019 05 2 2019078171,5/31 /20 06/01 /20 617.71 617.71 019 05 1 1 P01907817 11/30/191 12/04/191 617.711 1 1 617.71 018 05 1 2 POIS07683 5/31/191 05/31/191 570.791 1 1 570.79 018 05 1 1 POIS07683 11/30/181 11/29/181 570.811 1 1 570.81 017 05 2 201707591 5/31/18 05/22/18 573.73 573.73 017 05 1 201707591 11/30/17 12/05/17 573.75 573.75 016 05 2 201607485 5/31/17 06/08/17 552.48 552.48 2016 05 1 201607485 11/30/16 12/09/16 552.48 552.48 2015 05 2 201507427 5/31/16 06/01/16 560.73 15.81 576.54 2015 05 1 1 1201507427 11 /30/151 12/17/151 560.751 1 1 560.75 01 05 1 2 PO1407391 5/31/151 06/29/151 820.061 1 23.141 843.20 O1 2013 2013 05 051 051 1 2 1 '01407391 1201307376 1201307376 11/30/14 5/31 / 14 11 /30/13 12/08/14 06/ 11 / 14 12/06/13 820.081 744.141 744.161 1 1 1 820.08 744.14 744.16 012 05 2 P01207350 5/31/131 06/29/131 679.541 1 19.171 698.71 012 05 1 201207350 11/30/12 12/06/12 679.56 679.56 2011 05 2 201107325 5/31/12 06/06/12 633.47 633.47 2011 05 1 201107325 11/30/11 01/11/12 633.49 23.42 656.91 2010 05 2 201007311 5/31/11 06/06/11 600.54 600.54 20101105, 1 2010073111,11/30/10 12/06/10 600.5.5 600.55 009 05 1 2 P00907161 6/1/101 06/04/101 500.591 1 1 500.59 009 05 1 1 P00907161 11/30/091 12/03/091 500.601 1 1 500.60 �KOS]j 051 2 00806982 5/31/09 06/02/091 388.54 388.54 Property Record Card Summary Primary Information Property Category: RP Subcategory: Residential Property Geocode: 07-4078-18-3-01-40-0000 Assessment Code: 0000781005 Primary Owner: PropertyAddress: 155 TRONSTAD RD SCHWAGER MARK JOSEPH KALISPELL, MT 59901 PO BOX 7635 COS Parcel: KALISPELL, MT 59904-0635 NOTE: See the Owner tab for all owner information Certificate of Survey: Subdivision: Legal Description: S18, T29 N, R21 W, CS 1500-3, TR 4BA & TR 4CC IN L 3 Last Modified: 7/14/2022 4:23:18 AM General Property Information Neighborhood: 207.170.0 Living Units: 0 Zoning: Linked Property: Exemptions: Condo Ownership: General: 0 Property Factors Topography: Utilities: Access: Location: Land Summary Property Type: VAC_R - Vacant Land - Rural Levy District: 07-031002-75 - S Ownership %: 100 No linked properties exist for this property Land Type Grazing Fallow Irrigated No exemptions exist for this property Limited: 0 Fronting: Parking Type: Parking Quantity: Parking Proximity: Acres Value 0.000 00.00 0.000 00.00 0.000 00.00 Continuous Crop 0.000 00.00 Wild Hay 0.000 00.00 Farmsite 0.000 00.00 ROW 0.000 00.00 NonQual Land 0.000 00.00 Total Ag Land 0.000 00.00 Total Forest Land 0.000 00.00 Total Market Land 10.020 149,788.00 Deed Information: Deed Date I Book I Page I Recorded Date Document Number Document Type Owners Party #1 Default Information: Ownership %: Primary Owner: Interest Type: Last Modified: Other Names Name Appraisals Appraisal History SCHWAGER MARK JOSEPH PO BOX 7635 100 "Yes" Conversion 11 /13/2007 10:47:36 PM Type Other Addresses Tax Year Land Value Building Value Total Value Method 2022 149788 0 149788 COST 2021 149788 0 149788 COST 2020 139872 0 139872 COST Market Land Market Land Item #1 Method: Acre Width: Square Feet: 00 Valuation Type: Primary Site Depth: Acres: 10.02 Class Code: 2101 Value: 149788 Dwellings Existing Dwellings No dwellings exist for this parcel Other Buildings/Improvements Outbuilding/Yard Improvements No other buildings or yard improvements exist for this parcel Commercial Existing Commercial Buildings No commercial buildings exist for this parcel Ag/Forest Land Ag/Forest Land No ag/forest land exists for this parcel CONSENT TO PLATTING The undersigned hereby consents to the platting of THAT PORTION OF LOT 3, SECTION 18, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, KNOWN AS: PARCEL 3 OF CERTIFICATE OF SURVEY NO. 1500 into QUAIL MEADOWS SUBDIVISION. IN WITNESS WHEREOF, the undersigned has caused this consent to be executed and acknowledged. This consent is made pursuant to 76-3-612 (1) M.C.A. State of Montana :ss County of Flathead STOCKMAN BANK OF MONTANA By: �Jj Co . Walk Title: Co t a - tca,)- cP�I&CIZ On this 29day of ;46L6r , 20,9 before me, a Notary Public in and for the State of Montana, personally appeared (&�( A. I.ALt IC , known to me to be the person who signed the forgoing instrument as ' tL of STOCKMAN BANK OF MONTANA, and who acknowledged to me that said corporation executed the same. Witness my hand and seal the day and year herein above written. AL�4 TOWA SOLOMON tea` pry �.oy , NOTARY PUBLIC for Nie SEAL* state of Montana Residing at Stan(ard Montans My Commission �itpires �Oj 'rah November 16, 2022 Notary Publil in and for the State of PT Printed Name: 7DO4 „ SOU O AAeu . j Residing at: L<AL - L-U I ' A,,(-F 1l My Commission expires: . & •"Z2 FLATHEAD COUNTY 2021 REAL ESTATE TAX BILL Adele Krantz, Treasurer 7 raj 935 1st Ave W Ste T Kalispell MT 59901 ' (406) 758.5680 htips:/Nlathead.mi.gov/property_tax 3 ASSESSOR NUMBER: 0781005 TAX BILL NUMBER: 202155621 MARK JOSEPH SCHWAGER SCHOOL DISTRICT: 75 PO BOX 7635 GEO CODE: 07407818301400000 KALISPELL MT 59904 Property Location: Parties with ownership interest as of January 1, 2021 Property Description Owner cf Reccrd......SCHWAGER, MARK JOSEPH 18 29 21 TR 4BA & TR 4GG IN L 3 Type of Property Market Value Taxable Value Description Percentage Amount Real Estate 149,788 2, 022.00 county Functions S.GS% 267.97 No Buildings Assessed 0 0 Education 19.82% 934.77 ------------------------ City Functions 74.42% 3508.91 Totals 149,788 2,022.00 other 0.06% 3.07 SUMMARY OF TAXES, LEVIES & FEES COUNTY 063010 127.41 COUNTY LIBRARY .005660 11.44 SHERIFF 030000 60.66 CO PERM MED LEVY 012880 26.04 NOXIOUS WEEDS :001270 2.57 COUNTYWIDE MOSQUITO :000910 1.84 911 GENER OBLIG BOND .001350 2.73 PERM SRS LEVY .000640 1.29 BOARD OF HEALTH .004990 10.09 FECC SPECIAL DIST .011820 23.90 SUBTOTAL - TAXES FOR COUNTY FUNCTIONS... .132530 267.97 STATE - UNIVERSITY .006000 12.13 GENERAL SCHOOLS .101010 204.24 STATE - SCHOOL AID .040000 80.88 FLAT VAL COM COLLEGE .013230 26.75 FLATHEAD HIGH SCHOOL .092090 186.21 KAL CITY ELEM 75 .204860 414.23 FVCC PERMIS MED LEVY .005110 10.33 SUBTOTAL - TAXES FOR EDUCATION.......... .462300 934.77 KALISPELL CITY .141600 286.32 KAL PERM MED LEVY .019500 39.43 KAL LIGHTING 50 718.74 KAL STORM SEWER 502.42 KAL URBAN FOREST DST 413.00 KAL STREET MAINT 1549.00 SUBTOTAL - TAXES FOR CITY FUNCTIONS..... .161100 3508.91 SOIL & WATER CONSERV .001520 3.07 SUBTOTAL - OTHER TAXES AND FEES......... .001520 3.07 Total Mills Levied 0.757450 Taxes and Fees . . . 4714.72 48791 1st Installment due 11/30/2021 = 2357.37 2nd Installment due 05/31/2022 = 2357.35 - indicates newly voted levy Tax paid receipts will be mailed only if a self-addressed stamped envelope is enclosed. To pay or view taxes online, go to https://flathead.mt.gov/property-:tax. A 3% fee will be charged on all credit/debit card payments. There is no fee to pay by e-check. Payments made after 5:00 pm or postmarked after the due date must include 2% penalty & monthly interest of 5/6 of 1% (0.008333). Flathead County no Ioneer accepts checks drawn on Canadian Banks Keep upper portion for your records. Return stub with payment. Payment must be hand delivered, paid online, or postmarked by 5:00 pm on: MAY 31, 2022 Make checks payable to FLATHEAD COUNTY TREASURER Please include your tax bill number on your check. ASSESSOR NUMBER: 0781005 Pay by e-check, credit/debit card online at https://flathead.mt.gov/property_tax TAX BILL NUMBER: 202155621 SCHOOL DISTRICT: 75 DO NOT PAY THIS IF IT IS INCLUDED IN YOUR MORTGAGE PAYMENT If your address has changed, please make corrections below. No additional notice will be MARK JOSEPH SCHWAGER sent for this installment. PO BOX 7635 KALISPELL MT 59904 Tax Amount Due• 2357 35 2ND 2021 REAL ESTATE ------------------------------------------------------------------ Return stub with payment. Payment must be hand delivered, paid online, or postmarked by 5:00 pm on: NOVEMBER 30, 2021 Make checks payable to FLATHEAD COUNTYTREASURER Please include your tax bill number on your check. ASSESSOR NUMBER: 0781005 Pay by e-check, credit/debit card online at https://flathead.mt.gov/property_tax TAX BILL NUMBER: 202155621 SCHOOL DISTRICT: 75 DO NOT PAY THIS IF IT IS INCLUDED IN YOUR MORTGAGE PAYMENT If your address has changed, please make corrections below. Tax Amount Due: 2357.37 MARK JOSEPH SCHWAGER PO BOX 7635 4714.72 KALISPELL MT 59904 1 ST 2021 REAL ESTATE II I I II I II II I I I II I II II I II II II II II II II I III I I IIII II II Plat Room Flathead County, Montana 800 S. Main St. Kalispell, MT 59901 (406) 758-5510 This Form is for Subdivisions Only BY: TD&H FOR: Quail Meadows LLC DATE: 8/9/2022 DESCP : Tr 4BA & Tr 4CC PURPOSE: Subdivision 18-29-21 YEARS ASSESSOR # 2019 thru 2021 0781005 I hereby certify that there are no outstanding taxes on the property assigned the assessor numbers listed above, for the years indicated for each assessor number. F fAUG 1 S 2022 r CITY OF KALISPELL June 10, 2022 Doug Peppmeier, PE TD&H Enineering 450 Corporate Drive Suite 101 Kalispell, MT 59901 Re: Quail Meadows — Engineering Conditional Approval Dear Doug: Thank you for your plan submittal. The City of Kalispell Public Works has reviewed the plans received June 8, 2022 and associated materials for the above referenced project. This project is hereby conditionally approved contingent upon meeting all of the conditions of the preliminary plat which includes, but is not limited to: Approval Conditions: 1. Provide the City with DEQ and MDT approvals once obtained. Please note, the City of Kalispell has changed the process for submission of O&M Manuals and Maintenance Agreements. As part of the review process, the owner, or an authorized representative will need to apply for a Stormwater Maintenance Permit. The permit and additional information can be found on the City website (https://buildingpennits.ci.kalispell.mt.us/Permits/template/Lo ig n_aspx ). The O&M Manual will be submitted electronically with the permit (instructions for submittal will be emailed to the address listed in the people section of the permit). For questions regarding this process, please contact Casey Lewis at 758-5705 or clewis(akalispell.com . Approval does not relieve you from designing, nor the contractor from constructing this project in accordance with the City Standards currently in effect. This approval is valid for 18 months from the date of this letter. If more than 18 months lapse before completing the project, plans, reports, and specifications shall be resubmitted and approved before construction continues. Please contact the Public Works Department if you have any questions or need clarification on any items. 201 1' Avenue East, P.O. Box 1997, Kalispell, MT 59903—Plione (406)758-7720 — Fax (406)758-7831 www.kalispell.com This approval is for the Public Works Department only and does not necessitate a full City approval. If additional approvals from other City Departments are required, they should continue to be pursued. In an effort to aid construction activities, we are now requesting construction drawings in dwg format to upload the proposed infrastructure into our GIS system. This allows us to write project specific work orders for tasks associated with new development. Please provide a dwg construction set prior to the start of construction. Please contact Mark Crowley at (406) 758-7776 or mcrowley(a,kalispell.com to schedule a pre - construction meeting prior to initializing any construction on the site. A Right -of -Way permit and Construction Stormwater Permit must be obtained by the prime contractor for the project and are accessed online on the City's website. At project completion, please provide the city with record drawings meeting the requirements of Section 1.6 of the City Design and Construction Standards. The warranty period will not commence until construction is complete, certified, and accepted and record drawings are received. Sincerely, Tom Tabler, PE Civil Engineer cc: Keith Haskins, PE — City Engineer 201 1 ' Avenue East, P.O. Box 1997, Kalispell, MT 59903—Plione (406) 758-7720 — Fax (406) 758-7831 www.kalispell.com CITY OF KALISPELL October 10, 2022 Doug Peppmeier, PE Vice President / Regional Manager TD&H Engineering 450 Corporate Drive, Suite 101 Kalispell, MT 59901 Re: Final Plat Conditions — Quail Meadows Dear Mr. Peppmeier, The purpose of this letter is to address the Public Works related conditions required prior to Final Plat as referenced in the Resolution No. 6062. The following conditions appear to be applicable to the Final Plat of this lot and are addressed below: Condition 3: New infrastructure required to serve the subdivision shall be designed and constructed in accordance with the City ofKalispell's Standards for Design and Construction. All design work shall be reviewed and approved in writing by the Kalispell Public Works Department prior to construction. This infrastructure shall include, but not be limited to, water, sewer, storm drainage, street lighting, street signage, curb, gutter, boulevard, and sidewalks. The Civil Engineering design for Quail Meadows was approved on June 10, 2022. Construction was reviewed and inspected by TD&H Engineering in accordance with the Standards. Condition 3 of the preliminary plat conditions shall hereby be considered satisfied. Condition 4: Water and sewer main extensions shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction and in compliance with the city's facilities update and extensions of services plan. The water and sewer main extension plans shall be reviewed and approved by the Kalispell Public Works Department. Prior to final plat, a certification shall be submitted to the Public Works Department stating that the water and sewer mains have been built and tested as designed and approved. The Civil Engineering design, including water and sewer, was approved on June 10, 2022. The engineer certification for water main construction was received on August 18, 2022 which included all hydrostatic and disinfection results for the water main installed with the development. A final plat certification from the engineer indicating all improvements were made per approved plans and specifications was received September 30, 2022. Condition 4 of the preliminary plat conditions shall hereby be considered satisfied. 201 lst Avenue E IPhone (406)758-7720 Po Box 1997 Public Works Department Fax (406)758-7831 Kalispell, MT 59903 1 www.kalispell.com Condition 5: The developer shall submit water and sanitary sewer plans, applicable specifications, and design reports to the Kalispell Public Works Department and the Montana Department of Environmental Quality for concurrent review, with approval of both required prior to construction. The civil engineering design for Quail Meadows was approved by Public Works on June 10, 2022, and by MDEQ on June 14, 2022. Condition 5 of the preliminary plat conditions shall hereby be considered satisfied. Condition 6: The existing water main shall be extended within the paved portion ofTronstad Road from the connection point near Highway 93 to the development's eastern property line. The city will either participate in the upsize of the water main beyond the minimum size necessary to serve the development or allow for the creation of a latecomer agreement for the developer to recoup the oversize costs. The water main extension in Tronstad Road has been constructed, tested, certified and accepted. At the completion of the performance bond items and final acceptance of all construction, the project will begin the warranty period and payment will be made for the upsize. Condition 6 of the preliminary plat conditions shall hereby be considered satisfied. Condition 7: The water main within the street connection to the north shall be extended within the roadway of the development to the north property line in accordance with City Standards to allow for future connection and extension. The water main has been extended to the north property line as required. Condition 7 of the preliminary plat conditions shall hereby be considered satisfied. Condition 8: Any water rights associated with the property shall be transferred to the City of Kalispell prior to final plat. The DNRC water rights database was searched for the property and no water rights currently exist for the development. Condition 8 of the preliminary plat conditions shall hereby be considered satisfied. Condition 9: The existing sewer main shall be extended within the paved portion ofTronstad Road from a connection point near Highway 93 to the development's eastern property line. The sewer main extension in Tronstad Road has been constructed, tested, certified and accepted. Condition 9 of the preliminary plat conditions shall hereby be considered satisfied. Page 2 of 5 Condition 10: The sewer main within the street connection to the north shall be extended within the roadway of the development to the north property line in accordance with City Standards to allow for future connection and extension, unless otherwise determined by Public Works. The sewer main was too shallow at the northern extents to extend to the northern property line. Condition 10 of the preliminary plat conditions shall hereby be considered satisfied. Condition 11: The developer shall submit to the Kalispell Public Works Department for review and approval a stormwater report and an engineered drainage plan that meets the requirements of the current city standards for design and construction. Prior to final plat, a certification shall be submitted to the public works department stating that the drainage plan for the subdivision has been installed as designed and approved. The stormwater report and drainage plan were approved with the design approval on June 10, 2022. An engineering certification was received on September 22, 2022 for all public improvements. Condition 11 of the preliminary plat conditions shall hereby be considered satisfied. Condition 12: The developer shall submit to the Kalispell Public Works Department prior to construction an erosion/sediment control plan for review and approval and a copy of all documents submitted to Montana Department of Environmental Quality for the General Permit for Stormwater Discharge Associated with Construction Activities. Construction Stormwater Permit SW22-0086 was issued on 06/13/22. A Notice of Termination (NOT) will be required to be submitted to close the permit once the site has been properly stabilized. Condition 12 of the preliminary plat conditions is hereby considered satisfied. Condition 13: A letter from the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell, any private infrastructure has been constructed per city standards, and a proper bond has been accepted for unfinished work. Certifications from the engineer of record have been received for the utilities installed. Remaining work includes the turning restriction at Tronstad Road, sidewalk, sidewalk ramps, signage, streetlights, landscaping, and miscellaneous other items. Remaining city infrastructure improvements have been covered by a proper bond based on a stamped Engineer's Estimate of remaining work. Condition 13 of the preliminary plat conditions shall hereby be considered satisfied. Page 3 of 5 Condition 14: All easements and/or rights -of -way shall be indicated on the face of the final plat. Utility easements for City water and sewer shall be provided to allow for the logical extension of utilities from the subdivision to adjoining properties. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. All required easements, right-of-ways, and utility lots have been shown on the final plat and have been reviewed by the Public Works Department. Condition 14 of the preliminary plat conditions shall hereby be considered satisfied. Condition 15: The property frontage along Tronstad Road shall be improved to a major collector standard in accordance with the Transportation Plan and city design standards. Full width improvements are required on the development side of the street including, but not necessarily limited to, curb and gutter, street signage, striping, sidewalk, street lighting, and landscaping. Minimum improvements on the eastbound lane of Tronstad Road shall include the full lane width and a shoulder. Improvement to a major collector shall include a dedication often (10) additional feet of right-of-way along the frontage in order to install the improvements. Ten feet of right-of-way has been shown to be dedicated in the Final Plat. All required roadway and frontage improvements have been fully completed or bonded for. Condition 15 of the preliminary plat conditions shall hereby be considered satisfied. Condition 16: Based on the submitted Traffic Impact Study prepared by Abelin Traffic Services dated January 2022 and city standards requiring that a developer maintain or improve the level of service at relevant intersections, a 3/ movement approach (or other mitigation acceptable to Public Works and the Montana Department of Transportation) shall be installed at the intersection of Tronstad Road and Highway 93. A 3/4 movement intersection has been designed, submitted to MDT for approval, and bonded for. MDT has not yet approved the approach permit for the intersection but sent a letter committing to approval once the City of Kalispell signs a maintenance agreement for the improvements which include the porkchop island and streetlight. The city will move forward with this process once the right-of-way has been transferred. Considering the design, commitment from NWT and appropriate bond, condition 16 of the preliminary plat conditions shall hereby be considered satisfied. Condition 17: All streets within the subdivision will be constructed to the appropriate city standards as detailed in the subdivision regulations and the City of Kalispell Standards for Design and Construction for local streets. The Civil Engineering design, including streets, was approved on June 10, 2022. A final plat certification from the engineer indicating all improvements were made per approved plans and specifications was received September 30, 2022. Condition 17 of the preliminary plat conditions shall hereby be considered satisfied. Page 4 of 5 Condition 19: Recommendations contained in the Geotech report prepared by TD&H Engineering in January 2022 shall be followed. In addition, soil mitigation analysis must be performed due to the propensity of fines migration into trench backfzll in the area. The applicant shall submit a utility trench backfall material in accordance with ASTMD-2321 to Public Works for review and approval or provide an acceptable alternative to prevent fines migration. A fines migration analysis prepared by TD&H was provided on 10/10/22. Based on the findings of the fines migration analysis, the 3" minus backfill material and 3/4" minus bedding material are acceptable to prevent fines migration of the native soils. Condition 19 of the preliminary plat conditions shall hereby be considered satisfied. Condition 26: A note shall be placed on the final plat indicating a waiver of the right to protest creation of a stormwater maintenance district. This district shall only be activated in the event that the property owner(s) default on the maintenance of the approved stormwater facilities. The taxes levied within the maintenance district shall be determined by the Public Works Department with approvals by the Kalispell City Council. The waiver of protest to create an SID for a stormwater maintenance district has been included on the first sheet of the final plat as described and required. Condition 26 of the preliminary plat conditions shall hereby be considered satisfied. Condition 27: A note shall be placed on the final plat indicating a waiver of the right to protest creation of a Special Improvement District for roadway improvements in adjacent areas stating "The owners hereby waive the right to protest the creation of an SID for the purpose of financing improvements to area roads which will specifically benefit this subdivision. " The waiver of protest to create an SID for road improvements in adjacent areas has been included on the first sheet of the final plat as described and required. Condition 27 of the preliminary plat conditions shall hereby be considered satisfied. Condition 30: All utilities to be placed underground and in locations that are approved by the Kalispell Public Works Department in accordance with the Kalispell Standards for Design and Construction. The Civil Engineering design, including utility locations, was approved on June 10, 2022. A final plat certification from the engineer indicating all improvements were made per approved plans and specifications was received September 30, 2022. Condition 30 of the preliminary plat conditions shall hereby be considered satisfied. Sincerely, 1(�- Keith "kins,E Deputy Public Works Director / City Engineer CC: PJ Sorenson, Esq. — Senior Planner Page 5 of 5 DE Montana Department of Environmental Quality Gc May 31, 2022 Doug Peppmeier Thomas Dean & Hoskins 450 Corporate Drive Suite 101 Kalispell MT 59901 Dear Mr. Peppmeier; RE: Quail Meadows Municipal Facilities Exclusion EQ# 22-2504 City of Kalispell Flathead County This is to certify that the information and fees received by the Department of Environmental Quality relating to this subdivision are in compliance with 76-4-127, MCA. Under 76-4-125(1)(d), MCA, this subdivision is not subject to review, and the Declaration can be filed with the county clerk and recorder. Plans and specifications must be submitted when extensions of municipal facilities for the supply of water or disposal of sewage are proposed 76-4-131. Construction of water or sewer extensions prior to DEQ, Public Water Supply Section's approval is prohibited, and is subject to penalty as prescribed in Title 75, Chapter 6 and Title 76, Chapter 4. Quail Meadows Municipal Facilities Exclusion will consist of 39 Lots. Sincerely, Margarite Jrzarez Thomas Section. Supervisor Engineering Bureau Department of Environmental Quality (406) 755-8956 Email IvluarezTho-mas a,mt. ov cc: City Engineer County Sanitarian Owner file Greg Gianforte, Governor I Chris Dorrington, Director I P.O. Box 200901 1 Helena, MT 59620-0901 1 (406) 444-2544 1 www.deq.mt.gov Montana Department QA9111- of Environmental Quality June 14, 2022 Douglas Peppermeier, PE TD&H Engineering 450 Corporate Drive Kalispell, MT 59901 RE: Quail Meadows Subdivision Water and Sewer Main EQ#22-2503 Dear Douglas Peppermeier: The design report, plans, and supporting information for the Quail Meadows Subdivision Water and Sewer Main Extension EQ#22-2503 were received on May 10, 2022, June 9, 2022 and June 14, 2022. The design documents were submitted under the seal of Douglas Peppermeier, PE#13231. The submittal was reviewed in accordance with Department of Environmental Quality design standards in Circular DEQ-1, 2018 edition and Circular DEQ-2, 2018 edition. The project consists of the installation of approximately 1,110 lineal feet of 12-inch and 2,020 lineal feet of 8-inch C900 PVC water main and 2,980 lineal feet of 8-inch SDR35 PVC sanitary sewer main. The project also includes all fittings, valves, hydrants, manholes, services, and appurtenances as shown on the plans and indicated in the specifications. Plans and specifications for the Quail Meadows Subdivision Water and Sewer Main Extension project are hereby approved. One copy of the plans and specs bearing the approval stamp of the Department of Environmental Quality is enclosed. A second set will be retained for Department record. The third set will be provided to the City of Kalispell. Approval is given with the understanding that any deviation from the approved plans and specifications will be submitted to the Department for review and approval. The project may not be placed into service until the project engineer or designer certifies by letter to the Department that the activated portion of the project was constructed in substantial accordance with the plans and specifications approved by the Department and there are no deviations from the design standards other than those previously approved by the department. Within 90 days after the completion of construction, a complete set of certified "as -built" drawings must be signed and submitted to the Department. Greg Gianforte, Governor I Chris Dorrington, Director I P.O. Box 200901 1 Helena, MT 59620-0901 1 (406) 444-2544 1 www.deq.mt.gov Montana Department QA9111- of Environmental Quality RE: Quail Meadows Subdivision Water and Sewer Main E.Q. #22-2503 June 14, 2022 Page 2 It is further understood that construction of this project must be completed within three years of this approval date. If more than three years elapse before completing construction, plans and specifications must be resubmitted and approved before construction begins. Department approval of this project covers only those portions of the plans and specifications that are subject to the Department's review authority under the Public Water Supply Laws (MCA 75-6) and the Administrative Rules promulgated thereunder (ARM 17.38). This approval does not cover items found within the plans and specifications that are outside of the Department's review authority, including but not limited to, electrical work, architecture, site grading or water and sewer service connections. Please be aware the Montana Public Water Supplies, Distribution and Treatment Act (MCA 75-6-101 through 75-6-121) requires an applicant to gain the Department's approval prior to proceeding with construction with respect to this application. Failure to gain approval before beginning construction is a violation of the Act and could lead to department enforcement action. Thank you for your efforts regarding this submittal. If you have any further questions, please contact me at (406) 444-6713 or jenifer.ramse mt.gov. Sincerely, Jenifer Ramsey, PE PWS Professional Engineer Public Water Supply and Subdivisions Section DEQ Engineering Bureau File: EQ#22-2503 cc: Keith Haskins, PE, City Engineer, City of Kalispell, 201 1 sr Ave E, Kalispell MT 59903 Howard Mann, Quail Meadows LLC, PO Box 206, Lakeside MT 59922 Greg Gianforte, Governor I Chris Dorrington, Director I P.O. Box 200901 1 Helena, MT 59620-0901 1 (406) 444-2544 1 www.deq.mt.gov -,D Montana deEQA011- partment of Environmental Quality June 01, 2022 Charles Pisk SANDRY CONSTRUCTION CO INC PO BOX 507 Big Fork, MT 59911 RE: Confirmation Letter, Notice of Intent (NOP MTR109586; Quail Meadows Subdivision Improvements Effective January 1, 2021 a sign or other form of notice to publicly display confirmation of coverage is required on site. Dear Charles Pisk: The Department of Environmental Quality (DEQ) acknowledges the receipt of your complete application package (NOI and S)APPP) to discharge under the January 01, 2018, General Permit for Storm Water Discharges Associated with Construction Activity (SWC-GP) on June 02, 2022. Your authorization number under the SWC-GP is MTR109586. Please include this number on any correspondence with DEQ regarding this site. This letter confirms only that a complete NOI has been received. DEQ does not assess the validity of the information you provided other than project location as it relates to sage grouse habitat. Your signature on the NOI certifies that you have read, understand, and are implementing all applicable requirements. Specifically, the SWC-GP: Requires implementation of a Storm Water Pollution Prevention Plan (SWPPP), Defines the inspection process, and Defines record keeping requirements (refer to Part 2.5 of the General Permit). The SWC-GP and additional guidance materials can be viewed and downloaded from out FACTS page at http://deq.mt.gov/Public/FACTS or the MT DEQ website at http://dcq.mt.gov/Water/StormWater/StormSystems. Authorization under the SWC-GP remains in effect until you submit a complete Notice of Termination (NOT). Your signature on the NOT certifies that you have achieved final stabilization, removed your temporary Best Management Practices, and have paid all applicable fees. All effective authorizations are assessed annual fees each calendar year until a complete NOT is received. Coverage under the SWC-GP does not waive your obligation to obtain coverage under other applicable permits. If you have questions regarding SWC-GP requirements, please contact me at (406) 444-0574 or via email catherine.culver@mt.gov. Sincerely, ek�- Cw-fu Cathy Culver Data Control Tech KALISPELL FIRE DEPARTMENT Dan Pearce — Fire Chief PO Sox 1997 Jessica Kinzer Assistant Chief 312 First Avenue East Cec Lee — Fire Secretary Kalispell, Montana 59901 Phone: (406) 758-7760 FAX: (406) 758-7777 Re: Quail Meadows Project Final Hydrant Locations August 19, 2022 Upon review of the Quail Meadows project, the Fire Department approves the final fire hydrant locations on TD & H Engineering, sheet C3.0 of referenced plans - Job No. K21-111 dated June 27, 2022. AV4 Ae-�- Daniel Pearce Fire Chief City of Kalispell "Protecting our community with the highest level ofprofessionalism" UNITED STATES 1G POSTAL SERVICE Andrew Ferris TD&H Engineering 450 Corporate Dr. Suite 101 Kalispell, MT 59901 Howard Mann PO Box 206 Lakeside MT 59922 REF: Quail Meadows Subdivision. September 7, 2022 Maggie/Connor- I have reviewed the plat map for the Quail Meadows Subdivision. I have agreed to the CBU units to be placed on the pull off Tronstad Road location will be on Goldenrod Lane between Lots 21 and 23 This will be a 2-16-unit,1-8-unit CBU with additional 1- 2-unit Parcel Lockers. The CBU Unit will be installed prior to the residents moving into their homes. LISPS will input the addresses for this project into the AMS system once the address is received by the USPS from the Developer and /or GIS Flathead count. LISPS will NOT retain individual keys for the project and hand out to the new residence will be the responsibility of the leasing association. The LISPS will retain ALL Parcel locker keys and will replace them when broken or lost keys. The Leasing association will be charged a fee for lock replacement for residents that have lost their keys. (Please bring in Heys, for the parcel lockers to the, front desk with the correct box numbers so that the USPS can make a malrix for this development and put the development on file bags of keys) Developer and or HOA will be responsible for the maintenance and replacement of CBU and Parcel Iocker if destroyed or stolen. This is a condition of my approval so that the customers have a secure Mode of Delivery and will be able to receive mail, parcels and to be added to the Automated Mail System (AMS) that the USPS provides this for address conformation for Local, City, State and Federal Mandates. Consider this letter as approval of the site for US Postal Service Delivery. Respectfully, --IV, Larry A Golie e��4P05f0p,:,� -Ir Postmaster 350 N. Meridian RD Kalispell, MT 59901-9998 :406-257-9796 A 01 2Lawrence.A.Golie@USPS.GOV �yqy-59� FCA Flathead Station UNITED STATES POSTAL SERVXE �w R "Efficiency is doing things right; Effectiveness is doing the right things." - Peter Drucker 450 Corporate Drive Suite 101 Kalispell, MT 59901 September 22, 2022 1 TD&ff Engineering # City of Kalispell — Public Works Department Attn: Mr. Keith Haskins, P.E. — City Engineer 201 1 st Avenue East Kalispell, MT 59901 RE: QUAIL MEADOWS SUBDIVISION ENGINEER'S CERTIFICATION FINAL PLAT CERTIFICATION Dear Keith, 406.751.5246 tdhengineering.com As required for submittal of a final plat application, this letter is to serve as certification that the subdivider (Quail Meadows, LLC) has provided for inspection of all required public improvements and TD&H Engineering certifies that all improvements have been completed in the required manner per the approved plans and specifications. I, Douglas Peppmeier, P.E. am a professional engineer licensed in the state of Montana and certify the following: 1. The improvements are in compliance with the plans and specifications approved by the City engineer, the public works department, the fire chief or designee and planning department; 2. There are no known defects in these improvements; 3. The improvements are free and clear of any encumbrance or lien; 4. A schedule of remaining construction costs has been provided and will be filed with the City as per the requirements of the Subdivision Improvements Agreement (SIA); and 5. All applicable fees and surcharges have been paid. If you have any questions or need any additional information, please feel free to contact me directly. Sincerely, Douglas Peppmeier, PE Project Engineer TD&H ENGINEERING J:\2021\K21-111 Mann - Quail Meadows Subdivision\011 - Final Plat\DOCUMENTS\PDF'S\FINAL PLAT PACKAGE\4. SUBDIVISION IMPROVEMENT AGREEMENT\QUAIL MEADOWS SUBDIVISION - ENGINEER'S CERTIFICATION. DOC MONTANA I WASHINGTON I IDAHO I NORTH DAKOTA I PENNSYLVANIA 9/23/22, 3:37 PM DNRC Water Right Query System Default The Monkaha Department of Query: (GEOCODE='0- Na tur l Water Right Query System7407-81-8-30-14-0000') Conservation (GEOCODE LIKE' 07407818301400000') AND ( (Water Right Status ='ACTIVE') OR (Water Right Status ='SEVERED')) There are no records for the search you have entered. Please modify your search and try again. I Download I *Excel users: Convert dates to numbers after download for proper sorting. wrq s.dnrc.mt.g ov/Resu!tsWS.aspx'?search=si mp! a&index=8&g eocode= %0907407818301400000&status=ACTV! SEVR 1 /1 CITY OF KALISPELL September 16, 2022 Kalispell Planning Department Attn: PJ Sorenson P.O. Box 1997 Kalispell, MT 59901 Phone: (406) 758-7932 Re: Quail Meadows Dear PJ: Kalispell Parks & Recreation 306 1st Ave E. P.O. Box 1997 Kalispell, Montana 59903-1997 (406) 758-7715 Fax (406) 758-7719 This letter is to serve as approval on the proposed landscaping plan for the boulevards, common area and parks for Quail Meadows, per plans submitted by TD&H on September 29, 2022. It is agreed that if the project is extended, the developer will be responsible for submitting bonding for the remaining improvements as specified on the submitted plan for Quail Meadows. The bond may not be longer than a period of 12 months. Tree plantings are required to meet the Street Tree Ordinance standards of 2 t/4" caliper and have a 4-foot fibrous mulch around them in addition to meeting ISA planting standards. Prior to installation of the trees, the developers landscape contractor is to contact our Parks Superintendent prior to any tree plantings, about proper planting protocols and submit a planting permit. Rock in the boulevards and adjacent to the public way is not permitted. Any landscape revisions or substitutions need to be authorized prior to installation. Irrigation will need to extend to the furthermost edges all irrigated areas and provide head -to -head coverage. All areas with temporary irrigation will need to be underground with no hoses or portable sprinklers used to irrigate. The HOA Park will be the sole responsibility of the HOA to complete and manage along with any other green or open space of the project. Final approval will be given upon completion, inspection and approval of the landscaping and tree plantings at which time any bonding that has been submitted will be released after acceptance completed landscaping. It should be noted that the trees and landscaping are under a 2-warranty period and should they die within this time frame, the developer will be responsible for replacement. Our warranty period will not begin till our arborists accepts them meeting ISA standards, our landscape ordinance, and our forestry ordinance. If you have any concerns or questions, please give me a call. Sincerely, Chad Fincher, Parks and Recreation Director Kalispell Parks and Recreation / 00 M Lq E LU \ 0 \ \ E \ / \ \ _ 0 \ } \ 0 \ \ \ L E 0 § \ k 0 0 ® ° o 00 _ @ C @ 00 G /\ ° \// ° N w w z w 5& _ -j < § \ k 0 LA | \ ) r ƒ ) \ : § C, u 1= § o 3 -0z c [ m E« E c_ e/§- c \ \ = a e « \ ) \ E / ƒ CT - / 0o - \ - - \ \ t \ ( ( \ § 2 e _ _ - MONTANA Department of Transportation September 30, 2022 Douglas Peppmeier, P.E TD&H Engineering 450 Corporate Drive, Suite 101 Kalispell, MT, 59901 Malcolm "Mack" Long, Director 2701 Prospect • PO Box 201001 Helena MT 59620-1001 Subject: MDT Comments — Tronstad Rd and Hwy 93 Intersection Mitigation — Quail Meadow Subdivision Mr. Peppmeier, Per our recent discussions regarding mitigation at the intersection of Tronstad Rd. and Hwy 93, MDT provides this letter to you and the City of Kalispell (City) to coordinate MDT's review with City requirements. The encroachment application and plans for the installation of the raised median is under review by MDT. MDT will continue working with you, the City, and the developer providing comments and exchanging information until our permit processes are complete. Though MDT cannot guarantee the developer will complete MDT's permit process, we generally consider the conceptual design and uses proposed for the development permittable actions in MDT right of way. MDT provides this letter to you with the mutual understanding the City will enter into MDT's standard maintenance agreement for encroachments and that TD&H Engineering will be responsible for meeting all MDT requirements needed to complete the review process. I am available for any questions you or the City may have regarding MDT permits and can be reached at (406) 444-9149. Thank you, ,L t4e, D� Lonnie Von Oesen Policy, Program, & Performance Analysis Planner copies: Bob Vosen, Missoula District Administrator Justun Juelfs, Kalispell Area Maintenance Chief Rebecca Franke, Kalispell District Traffic Engineer PJ Sorensen, City of Kalispell Senior Planner Keith Haskin, City of Kalispell Public Works Director Planning & Policy Analysis Bureau Rail, Transit and Planning Division Phone: (406) 444-3423 An Equal Opportunity Employer TTY: (800) 335-7592 Fax: (406) 444-7671 Web Page: wvvw.mdt.mt.gov KA IISP L October 4, 2022 PJ Sorensen, Senior Planner Kalispell Planning Dept 201 First Avenue East Kalispell, MT 59901 Re: Quail Meadows Final Plat Dear PJ: Building Department 201 V Avenue East Kalispell, MT 59901 Phone: (406) 758-7730 Fax: (406) 758-7739 wwwAalispell.comibuildins I have reviewed the Geotechnical Addendum for Quail Meadows relating to the construction of single-family homes as provided in Condition 20 of the preliminary plat approval. The report shows that all building sites can meet loading and other requirements of the building code provided that the recommendations in the report and any building permit conditions related to a specific site are followed. While individual analysis of a given permit and location may be required as part of the building permit review, I would deem Condition 20 to be satisfied for the purposes of the final plat. Sincerely, Jef Clawson, Building Official Kalispell Building Department After recording return to: Quail Meadows, LLC. PO Box 206 Lakeside, Montana 59922 DECLARATION OF CONDITIONS, COVENANTS AND RESTRICTIONS OF QUAIL MEADOWS SUBDIVISION THIS DECLARATION is made the _ day of , 2022 by QUAIL MEADOWS, LLC, a Montana limited liability company, of PO Box 206, Lakeside, Montana 59922 (hereinafter "Declarant") WITNESSETH: WHEREAS, Declarant is the owner of certain real property in Kalispell, Flathead County, Montana, 1Cnowri as Quail Meadows Subdivision, yr which a plat or map whereof is on file and of record in the office of the County Clerk and Recorder of Flathead County, Montana; and WHEREAS, Declarant desires to subject said real property to the covenants, conditions and restrictions hereinafter set forth, each and all of which is and are for the benefit of said Property and for each Owner thereof, and shall inure to the benefit of and pass with said Property, and each and every parcel thereof, and shall apply to and bind the successors in interest, and any Owner thereof. NO";', THE R FORE, for the purpose of providing a uniform plan of develop nlent of Quail Meadows Subdivision, more specifically defined in Article I, and protecting the value and desirability of the Property, Declarant hereby declares that the real Property is and shall be held, transferred, sold and conveyed subject to the covenants, conditions and restrictions hereinafter set forth. ARTICLE I PROPERTY & DEFINITIONS Section 1.1. Property The real property which is and shall be held, transferred, sold and conveyed subject to the covenants, conditions and restrictions set forth herein is a residential subdivision in Kalispell, Flathead County, Montana and is more particularly described as follows: Declaration — QuailMeadotivs Subdivision Page 1 oj'15 Parcel 3 of Certificate of Survey 1500, records of Flathead County, Montana, more particularly described as a tract of land in Government Lot 3, Section 18, Township 29 North, Range 21 West, M.P.M., Flathead County, Montana, described as follows: Commencing at the Southeast corner of Lot 3; thence along the East line of Lot 3 North 0°21'05" West a distance of 30 feet to the Point of Beginning of the tract of land herein being described; thence continuing along the East line North 0°21'05" West a distance of 918.46 feet to a point; thence North 89°39'41"West a distance of 588.55 feet to a point; thence South 0°17'38" East a distance of 374.08 feet to a point; thence North 89°58'58" East a distance of 188.37 feet to a point; thence South I°l8'30" East a distance of 548.14 feet to a point; thence North 89°58'58" East a distance of 391.36 feet to the Point of Beginning. Section 1.2. Definitions Association shall mean the QUAIL MEADOWS HOMEOWNERS ASSOCIATION, INC., its successors and assigns. Board of Directors means the Bloa d of Directors of the Association. Bylaws means the Bylaws of the Association as the same may be amended from time to time. Common Area means the Property which is subject to this Declaration, but excluding individual Lots within the Property and property dedicated to the City of Kalispell, Montana for public use including streets, public utilities and related improvements. Thus, the Common Area includes real property maintained by the Association for the common benefit of the Owners and such other persons as may be permitted to use the Common Area under the terms of the CUv.mJAng Documents or any contract with the Association. Initially, the Common Area primarily includes the area at the entrance to the Subdivision and the area surrounding the mailboxes. Common Expenses means (a) the expenses of maintaining, managing and operating the Common Area; (b) premiums for liability insurance carried by the Association; (c) all other expenses incurred by the Association in administering, servicing, conserving, managing, paying taxes upon, maintaining, repairing or replacing the Common Area and any improvements located on it; (d) alI expenses incurred by the Association in administering and managing the Association and this Declaration; (e) all expenses incurred by the Association in any other activities undertaken for the common benefit of all or some of the Owners; and (f) all expenses lawfully determined to be Cominon Expenses by the Board of Directors of the Association, as provided in this Declaration and in the Bylaws of the Association. Declarant means Quail Meadows, LLC, a Montana limited liability company. Declarant may assign some or all of its rights under this Declaration to a third party by a written instrument specifically referring to such rights recorded in the records of Flathead County, Montana. Such instrument may specify the extent and portion of the rights or interests of Declarant which are being assigned, in which case the initial Declarant shall retain all other rights as Declarant. Declaration means this Declaration of Covenants, Conditions and Restrictions of Quail Meadows Subdivision, as it may be amended from time to time, Governing Documents means this Declaration, the Bylaws and any rules and regulations duly adopted pursuant to this Declaration and Bylaws, all as may be amended from time to time. Declaration Quail Meadows Subdivision Page 2 of 15 Lot means each parcel within the Property described herein, which is designated as a Lot on the plat of the Property, including any such parcel owned by Declarant and excluding any Common Area. Owner !Weans the persons or entities who own, of record, according to the real property records of FIathead County, Montana, fee simple title to a Lot, except that a person or entity purchasing a Lot under a contract for deed which is recorded (or an abstract of which is recorded) in the records of Flathead County, Montana, shall be considered the Owner of the Lot. The term "Owner" shall include Declarant to the extent it is the owner of fee simple title to a Lot. Period of Declarant Control means the period beginning on the date this Declaration is first recorded in the office of the Clerk and Recorder of Flathead County, Montana, and ending on the earlier of (a) the date which is ten years later or (b) the date on which the Declarant has sold ninety percent (90%) of the Lots within the Subdivision. The Period of Declarant Control may be reinstated or extended by agreement between Declarant and the Association upon such terms and conditions as the parties may agree. After the termination of the Period of Declarant Control, Declarant, if still an Owner, will continue to have all the rights and duties ordinarily given to Owners under this Declaration. Subdivision shall mean Quail. Meadows Subdivision according to the plat on file and of record in the Office of the Clerk and Recorder fnr Flathead County, Montana. ARTICLE II HOMEOWNERS ASSOCIATION Section 2.1 Establishment of Association and Adoption of Bylaws. An Association is hereby established known as "Quail Meadows Homeowners Association." The Association shall be formed prior to the close of sale of any Lot within the Property. The Bylaws of the Association shall be adopted by the Association prior to the close of sale of any Lot within the Property. Section 2.2 Powers. The Association shall have all such powers as permitted by the laws of the State of Montana, provided that the Association shall be subject to and abide by the provisions of this Declaration, as the same may be amended from time to time. Section 2.3 Membership. All Owners of the Lots within Quail Meadows Subdivision shall be members of the Association. The Owners of any Lot shall automatically become members of the Association and shall remain members until such time as the ownership of such Lot ceases for any reason, at which time the corresponding membership in the Association shall cease. For the purpose of determining membership at any meeting, a person or entity shall be deemed to be a member upon the recording of a duly executed deed to that Owner, or upon the recording of a notice of a purchaser's interest or an abstract of a contract for deed showing a contract purchase by an Owner. The legal title retained by the vendor selling under contract shall not qualify such vendor for membership. Foreclosure of a mortgage, trust indenture or the termination or foreclosure of a contract for deed wherein title is vested in the mortgagee, beneficiary or original seller on a contract, or repossession, for any reason, of a Lot sold under a contract shall terminate the vendee's membership, whereupon all rights to such membership shall vest in the legal Owner. Members shall participate in the manner prescribed by the Articles and Bylaws of the Association, and resolutions of the Association's Board of Directors. Declaration — Qtrail kleadows Stbdivision Page 3 of 15 Section 2.4 Owners' Address. Upon acquiring a Lot, the Owners of the Lot shall immediately inforin the Association of their names and of one address to which notices from the Association should be sent. The Owners shall be responsible for infonning the Association of any change of address. Section 2.5 Voting. There shall be one vote for each Lot. If a person or entity owns more than one Lot, that person or entity shall have as many votes as the number of Lots owned by that person or entity. If more than one person or entity has an ownership interest in a single Lot, such persons or entities must decide among themselves how the vote for that Lot shall be cast. Section 2.6 Management During Period of Declarant Control. During the Period of Declarant Control, Declarant may appoint, remove and replace from time to time any or all of the directors and officers of the Association. If Declarant so elects, Declarant may from time to time relinquish, either on a temporary or permanent basis, the right to appoint all or a portion of the directors and officers of the Association. Any such relinquishment shall be expressed in writing to the Association. Section 2.7 Association Meetings. Annual and Special meetings of the Association shall occur as set forth in the Association's Bylaws. Section 2.8 Turnover Meeting. The Declarant reserves the right, at any time before the expiration of the Period of Declarant Control, to call a special meeting of the As for the purpose of transferring control of the Association to the members. Should the Declarant call such a meeting, it shall present to the members its plan for the orderly transfer of control of the Association to the members, and the members will be obligated to accept control of the Association in accordance with such plan. ARTICLE III COMMON AREA Section 3.1 Control and Management. ine Association shall have the exclusive right and obligation to manage, control, improve and maintain the Common Area within Quail Meadows Subdivision, The Association shall be responsible for liability insurance, state and local taxes payable by the Association, and maintenance of improvements in the Common Area. The Board of Directors, among its other duties, shall establish and levy assessments to pay for the taxes payable by the Association, insurance, maintenance and other expenses associated with the Common Area under the control and authority of the Association. The Board of Directors may, in its discretion, adjust the assessments to meet the changing needs of the Quail Meadows community and the areas serving the community. Section 3.2 Property Taxes. It is acknowledged that, for property tax purposes, Flathead County and the State of Montana may allocate to each Lot a fractional, proportional portion of the value attributable to the Common Area. By accepting a deed to a Lot, the Owner agrees to this mechanism for property taxation and agrees to pay a proportional share (as allocated by Flathead County and the State of Montana) of the taxes attributable to the value of the Common Area, while at the same time allowing the Association to administer and control the Common Area. Section 3.3 Easements over all Common Areas. The Owners shall have an easement for the use and enjoyment of all of the Common Area, subject to such rules and regulations as the Association may develop from time to time, and also subject to the rights reserved to Declarant and the reserved rights of any third parties with respect to the Common Area. Declarant reserves and shall have an casement over all of the Common Area for ingress, egress and utilities. Declarant may grant further easements to others for such use of the Common Area. Declaration — Quaillfeadoivs Subdivision Page 4 of 15 Section 3.4 No Dedication to the Public. Nothing in this Declaration will be construed as a dedication to public use, or a grant to any public municipal or quasi -municipal authority or utility, or an assumption of responsibility for the maintenance of any Common Area by such authority or utility, absent an express written agreement to that effect. However, the Association has the right to dedicate or transfer all or part of the Common Area to any public agency, authority or utility for such purpose and subject to such conditions as may be agreed to. Section 3.5. Approval of Declarant. During the Period of Declarant Control, no construction of improvements shall take place within the Common Area nor shall any other changes or alterations be made to the Common Area or the uses within the Common Area without the prior written consent of the Declarant. ARTICLE IV ASSESSMENTS AND FINES Section 4.1 Assessments. Each Owner, whether or not it shall be so expressed in any deed or contract, is deemed to have agreed to this Declaration, and to pay to the Association assessments for Common Expenses as provided herein, including annual assessments or charges, special assessments for capital improvements; and default assessments and other expenses, such assessments to be established and collected as hereinafter provided. The annual, special and default assessments, together with interest, costs and reasonable attorney's fees, shall be a charge on each Lot, and shall be a continuing lien upon the property against which each such assessment is made. Each assessment, together with any accruing interest, costs and attorney's fees, shall be the joint and several personal obligation of the Owner(s) of such Lot at the time when the assessment is due. Section 4.2 Purpose of Assessments. The assessments levied by the Association shall be used to promote the health, safety, convenience and .welfare of the Owner.-; for the improvement, repair and Y maintenance of easements and Common Area; and for any other purposes, expressed or implied in the Governing Documents. Section 4.3 Annual Assessments. The maximum annual assessment per Lot which may be made by the Association in any calendar year shall not substantially exceed the projected and budgeted actual and reasonable costs to be incurred by the Association during the coming year in carrying out its functions, and may include a reasonable reserve for contingencies. The annual assessment shall be equal for each Lot, payment of the annual assessment shali be due and payable on a date or dates established by the Board of Directors, in an annual, monthly, quarterly or other periodic installment as the Board of Directors may provide. The initial annual assessment shall be $150.00 per Lot. The amount of the annual assessments shall be fixed by the Board of Directors in the following manner: At each annual meeting of the members, the Board of Directors shall present a proposed budget of the estimated expenses for the Association for the coming year to the members for review, discussion, amendment, comment and approval. Estimated expenses for the Association shall include, without limitation, the cost of maintenance, repair and operation of the Common Area; expenses of management; premiums for insurance coverage as deemed desirable or necessary by the Association; common water and utility charges for the Common Area; legal and accounting fees; management fees; expenses and liabilities incurred by the Association under or by reason of this Declaration; payment of any deficit remaining from a previous assessment period; and the creation or supplementing of a reserve fund for general, routine maintenance, repairs and replacement of improvements within the Common Area on a Declaration — Quail Meadows Subdivision Page 5 of 15 periodic basis, as needed. The members shall approve or amend the proposed budget by a majority vote of the members present or voting by proxy. After the annual meeting, the Board of Directors shall set the amount of the assessments and the date(s) upon which they are due for the coming year to cover the budget approved in the manner herein set forth. Section 4.4 Special Assessments. The Board of Directors may, from time to time, levy upon and subsequently collect from each Owner a special assessment for each Lot. Special assessments may be levied for capital improvements or acquisitions, extraordinary expenses or for such other purposes as the Board of Directors may determine. Any special assessment shall be equal for each Lot. Payment of any special assessment shall be due and payable as the Board of Directors may provide. Section 4.5 Fines. In addition to the other enforcement mechanisms set forth in this Declaration, the Board of Directors may enforce the provisions contained in the Governing Documents as follows: The Board of Directors of the Association may impose fines upon Owners for violations. Such imposition of fines may include matters concerning the Design Review Board. Prior to the imposition of a fine, the Board or its agent shall give the Owner in question written notice of the violation and intended amount of the fine, and the notice shall provide, as determined by the Board, a period of time in which the violator has an opportunity, after receipt of the notice, to correct the violation to avoid the fine. This notice may be tailored by the Board to fit the particular circumstances of the violation. If the violation is remedied within the time set forth by the Board, no fine shall be imposed. If the violation is not corrected within the time set forth by the Board, the Board may, but is not required to, impose a fine, using the procedures set forth below. The Board may impose fines ranging from ten dollars ($10.00) to five hundred dollars ($500.00) for violations continuing after the expiration of the stated opportunity for remediation. The Board shall have the flexibility to assess a fine on a daily, weekly or monthly basis. Each separate period (day/week/monthly) of a continuing violation may be considered a separate violation. Imposition of a fine shall be served by an agent of the Association, by mailing a notice by regular mail to all Owners of the Lot in question. The notice may also be mailed certified, return receipt requested, however, the refusal of the Owner to sign for the certified mail will be deemed notice. The Board shall keep a written record of all notices sent for a reasonable time period not to exceed five years. In determining the appropriate amount of a fine, the considerations of the Board shall include, but not be Iimited to, seriousness of violation, effect of the violation on other Owners or third parties, the importance of consistent enforcement of the Governing Documents, and past violations by the Owner. If a fine assessed hereunder is neither paid nor appealed within seven days of the receipt of notice by the Owner, the fine shall be a lien upon the Owner's Lot. The Board may cause notice of the lien to be filed against the Owner's Lot for the amount of the fine, plus the cost of filing the lien. Section 4.6 Default Assessments. A Default Assessment includes any fine, cost or expense, including attorneys' fees, incurred by the Association as a result of the failure of an Owner to abide by the Governing Documents, or any expense of the Association which is the obligation of an Owner or which is incurred by the Association on behalf of the Owner pursuant to the Governing Documents. Default Assessments are levied against the Lot or Lots of an Owner who incurs a Default Assessment. Default Assessments shall be immediately due and payable by the Owner, upon notice from the Association of the amount of the Default Assessment. Declaration — Qugil.lfeadoivs Subdivision Page 6 of 15 Section 4.7 Priority of Lien for Assessments. The lien of any assessments will be superior to and prior to any homestead exemption provided now or in the future by the laws of the State of Montana, and to all other liens and encumbrances except the following: (a) liens and encumbrances recorded before the date of the recording of this Declaration; fin) liens for real estate taxes and other governmental assessments or charges duly imposed against the Lot by a Montana governmental or political subdivision or special taxing district, or any other liens made superior by statute; and (c) the lien for all sums unpaid on a first mortgage taken in good faith and for value and perfected by recording in the office of the Clerk and Recorder of Flathead County, Montana, prior to the time of recording in said office of an instrument describing the Lot affected and listing the name or names of the Owner or Owners and giving notice of such violation, breach or failure to comply, (with such superiority to include any and all advances made by the first mortgagee, even though some or all of such advances may have been made subsequent to the date of filing of a written lien statement for delinquent assessments). Any first mortgagee who acquires title to a Lot by foreclosing the first mortgage or by receiving a deed or assignment in lieu of such a foreclosure, or any purchaser at a foreclosure sale of the first mortgage, will take the Lot free of any claims for unpaid assessments, interest, late charges, costs, expenses, and attorney's fees against the Lot which accrue prior to the time such first mortgagee or purchaser acquires title to the Lot. All other persons who hold a lien or encumbrance of any type not described in subsection (a), (b) or (c) above, will be deemed to consent that their lien or encumbrance will be subordinate to the Association's future liens for assessments, interest; late charges, costs, expenses and attorney's fees, as provided in this Article and in this Declaration, whether or not such consent is specifically set forth in the instrument creating any such lien or encumbrance. Section 4.8 Failure to Pay Assessments/Remedies of the Association. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or by abandonment of their Lot. Any assessment or installment of an assessment not paid within thirty (30) days after its due date will be delinquent. In the event of such delinquency, the Association may take any car all of the following actions: a. Assess a late charge for each delinquency at uniform rates set by the Board of Directors from time to time; b. Charge interest from the date of delinquency at uniform rates set by the Board of Directors from time to time, but not to exceed the maximum rate of interest allowed by applicable law; c. Suspend the voting rights of the Owner during any period of delinquency; d. Bring an action against any Owner personally obligated to pay the delinquent assessments; e. Record a notice of lien with the Clerk and Recorder of Flathead County, Montana. Upon delivery of the notice of assessment to the Owner, the assessment shall be a lien upon the Owner's Lot until paid. If the assessment is not paid within thirty (30) days after the recording of the notice of lien, the Association may foreclose the lien in the manner set forth under Montana law for the foreclosure of liens against real property; f. The Association shall be entitled to recover from the Owner any and all reasonable attorney's fees and costs incurred in the collection of any delinquent assessments; g. The remedies provided under this Declaration shall not be exclusive, and the Association may enforce any other remedies to collect delinquent assessments as may be provided by law. Declaration Quail dlleadowsSubdivision Page 7 of 15 Section 4.9 Sale or Transfer of a Lot. The sale, transfer, or encumbrance of any Lot shall not affect the personal liability of the Owner responsible for the assessment or the assessment Iien if a lien is recorded in the records of Flathead County, Montana. No sale or transfer to a third party with actual or constructive knowledge of an assessment shall relieve such new Owner from the liability for any outstanding assessments, or from any assessments thereafter becoming due, or from the recorded lien thereof. A person or entity purchasing a Lot shall be responsible for cheeldng with the Association for any outstanding assessments against said Lot before closing the transaction. Section 4.10 Statement of Status of Assessments. On written request, the Association will furnish to an Owner or his designee or to any mortgagee a statement setting forth the amount of unpaid assessments then levied against the Lot in which the Owner, designee or mortgagee has an interest. The information contained in such statement, when signed by an officer, director or agent of the Association, will be conclusive upon the Association, the Board, and every Owner as to the person or persons to whom such statement is issued and who rely on it in good faith. Section 4.11 Declarant's Responsibility for Assessments. Notwithstanding the foregoing, the Declarant, although a member of the Association, shall not be responsible at any time for payment of the annual assessments for Lots owned by Declarant. ARTICLE V PROTECTIVE COVENANTS Section 5.1 Conditions from Subdivision Approval. The conditions imposed upon the approval of the Quail Meadows Subdivision are incorporated herein as part of this Declaration to the extent they apply to the use of the Property. Section 5.2 Zoning Regulations. The zoning of the Property at the time of the filing of this Declaration is R-3 and all uses must comply with that zoning unless the zoning has been changed prior to the attempted use. If the zoning has been changed, the use shall comply with the then -existing zoning. In addition, if as at the present time, there is a need for a zoning compliance permit from the local planning authority, such permit shall also be required under this Declaration. Section 5.3 Land Use. No Lot shall be used except for one single fan -lily residence not to exceed one story with a maximum height of 25 feet. No building shall be erected, altered, placed or permitted to remain except for residential purposes together with the outbuildings approved by the Design Review Board, Section 5.4 Sewage Disposal. No individual sewage disposal system shall be permitted. All sewage disposal shall be by connection to the City of Kalispell's sewer system. Section 5.5 Water Supply. No individual water supply system or systems shall be permitted. All water service must be furnished by the City of Kalispell. Section 5.6 Building Location. All structures shall be constructed within the setback requirements established by the City of Kalispell, Montana. Section 5.7 Dwelling Design Guidelines, If any dwelling is replaced or the exterior is modified, such replacement or modified dwelling must be substantially similar to the dwelling in existence at the time Declaration—QiiailAleadalvs Subdivision Page 8 of'15 Owner purchased the Lot and all replacements and modifications shall be subject to the review of the Design Review Board. eection 5.8 Landscaping and Yard Maintenance. All'aiid3iaping shall ve maintained so as present a tidy, well -maintained appearance, including, but not Iimited to, regular Iawn mowing and weed control; reseeding or replacement of dying lawns, trees or shrubs; trimming trees and shrubbery; and removing dead and overgrown vegetation. Section 5.9 Landscaping of Boulevards. All Lots shall be landscaped to the paved street. Boulevards shall be grass only except trees approved by the City of Kalispell and such landscaping shall be maintained in accordance with Section 5.8. Section 5.10 Snow Removal. Each Owner shall be responsible to promptly remove snow from driveways and sidewalks. All snow removal from sidewalks shall comply with the ordinances of the City of Kalispell. Section 5.11 Fences. Declarant will install 6' vinyl privacy fences with aged Cedar (wood grain) finish. No other fencing type, color or placement is allowed, In the event any fencing needs to be replaced it shall be the same or similar type and shall be approved by the Design Review Board. Section 512 Owners' Obligation to Repair and Maintain. Each Owner, at the Owner's sole cost and expense, shall repair the Owner's residence and fencing, keeping the same in a condition comparable to the condition of the residence and fencing at the time of its initial construction, excepting only normal wear and tear. All structures and improvements shall be preserved and of pleasant appearance by maintaining paint, stain and scaler as needed. Section 5.13 Owners' Obligations to Rebuild. If all or any portion of a residence is damaged or destroyed by other casualty, it shall be the duty of the Owner or Owners, with all due diligence, to rebuild, repair or reconstruct the residence in a manner that will substantially restore it to its appearance and condition immediately prior to the casualty. Reconstruction shall be undertaken within three (3) months after the damage occurs, unless prevented by causes beyond the control of the Owner or Owners. Section 5.14 Mobile Homes/Trailers for Residential Purposes. No house trailer, mobile home, double.wide or any other prefabricated structure designed to be hauled or moved on wheels, shall be used for residential purposes. No structures of a temporary character, trailer, tent, shack, garage or other outbuilding shall be used on any Lot at any time as a residence, whether temporarily or permanently. Section 5.15 Commercial Activities, No Lot or any part of the Property shall be. used at any time for any manufacturing or other commercial purpose that would cause any significant increase in traffic. Lawful home occupation businesses shall comply with the requirements of the City of Kalispell, including, without limitation, Municipal Code Section 27.20.060 as amended. Section 5.16 Vehicles/Recreational vehicles. No truck (except pickups of % ton hauling weight or less), house trailer, motor home, camper, boat, motorcycles, ATV, other recreational vehicle or equipment, or trailer of any type shall be stored or parked on any Lot or street other than temporarily (in no case in excess of 48 hours) and then solely for the purpose of loading or unloading or a service call; provided, however, that each vehicle may be kept within an Owner's enclosed garage. No vehicles of any kind shall be parked on any portion of the Property while such vehicles are in a state of disrepair or while being repaired. Declaratioya -- Quail hleadoivs SubdivisiDii Page 9 of 15 Section 5.17 Signs. No signs, advertising, billboards or advertising structures of any kind shall be erected, used or maintained on the Property except for the purpose of advertising for sale or rent the Lot upon which it is erected, except as provided in Article Vl or otherwise under federal or state law. Section 5.18 Short -Term RentalslVacation Rentals. No Owner shall rent or lease the dwelling or any other structure on Owner's Lot for a period of less than thirty (30) days nor shall an Owner allow such rent or lease of any structure. Multiple concurrent leases or other actions used to defeat the intent of this provision are not allowed. Section 5.19 Garbage. No rubbish, trash, garbage or other waste material shall be kept or permitted on any Lot or on any Common Area. All waste shall be removed as often as reasonably necessary. One trash can may remain outside the residence or garage so long as all trash is contained within the trash can with the lid closed and is screened from view. No part of the Property shall be used or maintained as a dumping or storage ground for rubbish, trash, garbage, old automobiles or other waste. Section 5.20 Common Area, No Owner shall deposit debris such as lawn clippings, limbs, shrub trimmings or garbage of any nature in the Common Area. The Common Area is to be left in its natural state, other than as reasonably required by the Association, a governing municipality or the Declarant to access; repair, replace or undat_e current conditions and improvements. Section 5.21 Animals. No animals of any kind shall be raised, bred or kept on any Lot, except that dogs, cats and other domestic animals may be kept and raised, but not for commercial purposes. Permitted animals must be confined to the Lot of their Owner and must be on a leash when not in the backyard. Each Owner is required to clean up after their pets and shall be responsible to keep dog barking contained so as not to disrupt the neighborhood. Section 5.22 Nuisances. No noxious or offensive activity shall be carried on or permitted upon any Lot, nor shall anything be done thereon which is or may become an annoyance or nuisance to the neighborhood. Section 5.23 Rules and Regulations. The Board of Directors may from time to time adopt, amend or terminate rules and regulations concerning the Common Area and/or actions or activities within Quail Meadows Subdivision that have an impact on other Owners. A copy of any such rules and regulations shall be sent to all Owners. All Owners and their family, guests and invitees shall abide by any such rules and regulations. ARTICLE VI DECLARANT RIGHTS Section 6.1 Completion of Work and Establishment of Subdivision. Declarant or the transferees of Declarant shall undertake the work of developing all Lots included within the Quail Meadows Subdivision. The completion of that work, and the sale, rental, or other disposal of residential units is essential to the establishment and welfare of the Property as an ongoing residential community. to order that such work may be completed and the Property established as a fully -occupied residential community as soon as possible, nothing in this Declaration shall be understood or construed to: a. prevent Declarant, Declarant's transferees, or the employees, contractors or subcontractors of Declarant or Declarant's transferees from doing on any part of parts of the Property owned or controlled by Declarant or Declarant's transferees or their representatives, whatever they determine may be reasonably necessary or advisable in connection with the completion of such work; Declaration — Quait hlteadows Szibdivision Page 10 of ' 15 b. prevent Declarant, Declarant's transferees, or the employees, contractors or subcontractors of Declarant or Declarant's transferees from constructing and maintaining on any part or parts of the Property owned or controlled by Declarant, Declarant's transferees, or their representatives, such structures as may be reasonably necessary for the completion of such work, the establishment of the Property as a residential community, and the disposition of Lots by sale, lease, or otherwise; c. prevent Declarant, Declarant's transferees, or the employees, contractors or subcontractors of Declarant or Declarant's transferees from conducting on any part or parts of the Property owned or controlled by Declarant or Declarant's transferees or their representatives the business of completing such work, of establishing the Property as a residential community, and of disposing of Lots by sale, lease or otherwise; or d. prevent Declarant, Declarant's transferees or the employees, contractors or subcontractors of Declarant or Declarant's transferees from maintaining such sign or signs on any of the Lots owned or controlled by any of them as may be necessary in connection with the sale, lease or otherwise of such Lots. As used in this section, the words "Declarant's transferees" specifically exclude purchasers of Lots improved with completed residences. Section 6.2 Sales Office and Model Unit. Declarant shall have the right to maintain a sales office and model unit in one or more of the Lots which the Declarant owns. The Declarant and prospective purchasers and their agents shall have the right to use and occupy the sales office and model during reasonable hours any day of the week. Section 6.3 Unilateral Amendment by Declarant. At any time, before or after the Period of Declarant Control, so long as Declarant owns a Lot, Declarant may unilaterally amend this Declaration (1) if such amendment is solely to comply with applicable law or correct a technical or typographical error, (2) if such amendment does not adversely alter any substantial rights of any Owner or mortgagee, or (3) in order to meet the guidelines or regulations of a mortgagor or insurer including, but not limited to, the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Federal Housing Administration, or the Veterans Administration or any similar agency. Such amendments shall not require approval of any Owners. ARTICLE VU DESIGN REVIEW Section 7.1 Design Review. In order to maintain harmony of external design and location in relation to surrounding structures, topography and native vegetation and to otherwise assist in achieving the general purposes of this Declaration, the following activities shall be subject to design review: Exterior modification ;,r r ebuilding of any dwelling, au uelure, Win. e Or Other improvement Landscaping and modifications to landscaping None of these activities shall be undertaken without the prior written approval of the Design Review Board. Alterations or remodeling which are completely within a dwelling or structure and which do not change the exterior appearance of the structure are not subject to design review. Declaration — Quail Meadoivs Subdivision Page 11 of 15 Section 7.2 Design Review Board. The Design Review Board shall consist of one or more persons. During the Period of Declarant Control, the members of the Design Review Board shall be appointed by Declarant, and may include Declarant or parties related to Declarant, and shall include at least one Owner (provided that at least one Owner is willing to serve on the Design Review Board). After the Period of Declarant Control, the members of flee Design Review Board shall be appointed by the Board of Directors of the Association. The party appointing the members of the Design Review Board may remove any such members and replace any members who are so removed. Section 7.3 Application. Prior to undertaking any activities that are subject to design review, the Owner shall provide the Design Review Board with the materials requested by Design Review Board to facilitate review of the project in accordance with the process adopted by the Design Review Board. Section 7.4 Action by Design Review Board. Upon receipt of plans and other material, the Design Review Board shall review the proposed improvement to determine whether it is in conformance with the goals stated in Section 7.1 and with the Governing Documents. The Design Review Board shall respond to the proposal in writing within 30 days of receipt of all required materials, stating its approval or the reasons for its disapproval. If the Design Review Board does not respond within the 30-day period, the plans shall be deemed approved so long as the Owner can affirmatively establish that the Design Review Board received si,ch documentation. The Design Review Board may also mortitor construction to ensure that the approved plans are being followed. Any revisions to the approved plans affecting the exterior of the proposed structure shall be subject to design review, whether such revisions occur prior to or during construction. Section 7.5 Guidelines. The Design Review Board may develop design guidelines for its design review. These guidelines may include building construction guidelines and such other guidelines as the Design Review Board or the Board of Directors may determine to be useU in maintaining the desirability of Quail Meadows Subdivision. Section 7.6 Liability. Neither the Declarant, the Association, the Design Review Board nor their respective members, officers, directors, employees or agents shall be responsible or liable for the defects in any plans or specifications submitted, revised or approved under this Article, nor for any defects in construction pursuant to such plans and specifications. Approval of plans and specifications under this Article shall not be deemed in lieu of compliance by Owner with applicable building codes or other governmental laws or regulations. To the fullest extent permitted by law, the Association and the Lot Owners as a group shall indemnify, defend and bold harmless the members of the Design Review Board and their employees and agents ("indemnified persons") from and against any and all claims, demands, causes of action, losses, damages and settlements, which may be asserted against the members of the Design Review Board arising from, caused by, related to or attributable to (directly or indirectly, in whole or in part) their service on the Design Review Board. If it is reasonably necessary for an indemnified person to incur or to pay any expenses or costs, including attorneys' fees or court costs for purposes of resisting, adjusting, compromising, settling or defending any claim, demand, cause of action, loss damage or liability, or of enforcing this provision, then the Association and the Lot Owners as a group agree to and shall reimburse the indemnified person within a reasonable time. Any person seeking indemnity under this provision shall give the Association reasonable written notice of any claim, demand, cause of action, loss damage or liability. Declaration Quail Meadoivs Subdivision Page 12 of 15 ARTICLE VIII DURATION AND AMENDMENT Section 8.1 Durationiitermination. These covenants, conditions and restrictions shall run with the land and shall be binding on all parties and all persons claiming under them for a period of fifteen (15) years from the date these covenants, conditions and restrictions are recorded, after which time said covenants, conditions and restrictions shall be automatically extended for successive periods of ten (10) years, unless the written consent of Owners holding seventy percent (70%) or more of the votes in the Association has been recorded agreeing to change said covenants, conditions and restrictions in whole or in part. Section 8.2 Amendment. Subject to the limitations of Section 6.3, this Declaration of covenants, conditions and restrictions, or any provision of it, may be terminated, extended, amended or revoked as to the whole or in part as follows: a. Prior to Sale of Lots. Prior to the sale of any Lot (excluding any sale to a person or entity affiliated with Declarant), Declarant may terminate, extend, amend or revoke this Declaration as to the whole or any portion of the Property by recorded in the records of Flathead County, Montana, a document signed by the Declarant stating the action taken. b. After Sale of Lots but During Period of Declarant Control. After the sale of a Lot (excluding any sale to a person or entity affiliated with Declarant) but before expiration of the Period of Declarant Control, Declarant may terminate, extend, amend or revoke this Declaration in whole or in part. A copy of the document stating the action intended to be taken by the Declarant and a notice of the Owner rights under this Section shall be mailed to each Owner by first class mail, postage prepaid, to the address of the Owner in the records of the Association. Unless written objection is received by Declarant from the Owners holding seven i-five percent (75%) or more of the votes within thi.. , (30) days of the mayding of notice to the Owners, the action proposed to be taken by the Declarant shall be considered approved and shall become final. The Declarant shall then record in the records of Flathead County, Montana, a document stating the action taken, together with a certification that notice was given to the Owners as required herein and that fewer than seventy-five of the Owners objected to the action. After the Period of Declarant Control After the Period of Declarant Control, this Declaration, or any provision of it, may be terminated, extended, amended or revoked as to the whole or any portion of the Property by the Declarant, unilaterally, pursuant to the provisions of Section 6.3. In addition, after the Period of Declarant Control, this Declaration, or any provision of it, may be terminated extended, amended or revoked as to the whole or any portion of the Property upon the written consent of Owners holding seventy percent (70%) or more of the votes of the Association. The amendment will be immediately effective upon the recording in the records of Flathead County, Montana, of a copy of the document together with a certification signed by an officer of the Association stating that the required number of consents of Owners were obtained. d. Declarant Approval. No termination, extension or amendment of this Declaration will be effective in any event during the Period of Declarant Control unless the written approval of Declarant is first obtained. Nothing in this section should be construed to permit the abandonment of the Association's responsibility for the maintenance of the Common Area identified herein, Declaration -- Quail Meadows Sit6division Page 13 of 15 ARTICLE IX MISCELLANEOUS Section 9.1 Effect of Provisions of Deciarati on. Each provision contained in this Declaration, and any agreement, promise, covenant and undertaking to comply with each provision contained in this Declaration, and any necessary exception or reservation or grant of title, estate, right or interest to effectuate any provision contained in this Declaration: (a) shall be deemed incorporated in each deed or other instrument by which any right, title or interest in any real property within the Subdivision is granted, devised or conveyed, whether or not set forth or referred to in such deed or other instrument; (b) shall, by virtue of acceptance of any right, title or interest in any real property within the Subdivision by an Owner or the Association, be deemed aeeCptCd, rarued, adopted and dcelared as a personal covenant of such Owner or Association, as the case may be, and as a personal covenant shall be binding on such Owner or Association and such Owner's or Association's respective heirs, personal representatives, successors and assigns; (c) shall be deemed a real covenant by Declarant, for itself, its successors and assigns, and also an equitable servitude, running, in each case, as a burden with and upon the title to each Lot within the Subdivision, and (d) shall be deemed a covenant, obligation and restriction secured by a lien, binding, burdening and encumbering the title to each Lot within the Subdivision, which lien with respect to any Lot shall be. deemed a lien in favor of Dec-lLrant and/or the Association. Section 9.2 Enforcement and Remedies. The Declarant, the Association and/or any Owner or Owners of Lots shall have the right to enforce all covenants, conditions and restrictions now or hereafter imposed by the provisions of this Declaration. Any enforcement action may be by a proceeding for such relief as may be provided at law or in equity, including, but not limited to, a temporary or permanent injunction and/or a suitor action to recover damages. Each provision contained in this Declaration shall be enforceable by the Association or by any Owner who has first made written demand on the Association to enforce such provision and 30 days have lapsed without appropriate action having been taken by the Association. Any enforcement action may be by a proceeding for such relief as may be provided at law or in equity, including but not limited to a temporary or permanent injunction and/or a suit or action to recover damages. Section 9.3 Limited Liability. The Declarant, the Association, or their respective officers, directors, employees or agents shall not be liable to any party for any action or for any failure to act with respect to any matter if the action taken or failure to act was in good faith and without malice. Section 9.4 Successors and Assigns. Except as otherwise provided herein, the provisions contained in this Declaration shall be binding upon and inure to the benefit of Declarant and each Owner and their respective heirs, personal representatives, successors and assigns. Section 9.5 Severability. Invalidity or unenforceability of any provision contained in this Declaration in whole or in part shall not affect the validity or enforceability of any other provision or any valid and enforceable part of a provision of this Declaration. Section 9.6 Captions. The captions and headings in this instrument are for convenience only and shall not be considered in construing any provision of this Declaration. Section 9.7 Construction. When necessary for proper construction, the masculine of any word used in any provisions contained in this Declaration shall include the feminine or neuter gender, and the singular plural, and vice versa. Declaration — Quail Adeadows Subdivision Page 14 of 15 Section 9.8 No Waiver. Failure to enforce any provision contained in this Declaration shall not operate as a waiver of any such provision or of any other provision of this Declaration. Section 9.9 Attorneys' Fees. In the event of a dispute arising under any provision contained in this Declaration, the prevailing party shall be entitled to its reasonable costs and attorneys' fees incurred. It is expressly understood by any person purchasing a Lot in this Subdivision, that if an action is successfully brought against an Owner for a violation of the terms of this Declaration, that a reasonable attorneys' fee shall be assessed against the Owner in addition to costs and any other damages. DATED this QUAIL MEADOWS, LLC �.0 STATE OF MONTANA County of Flathead day of 2022. Manager This instrument was acknowledged before me on the day of _ , 2022 by , Manager of QUAIL MEADOWS, LLC. Notary Public for the State of Montana Declaration Quail Aleadows Subdivision Page 15 of 15