Kalispell Lodging/Landlord's Estoppel CertificateLANDLORD'S ESTOPPEL CERTIFICATE
THIS LANDLORD'S ESTOPPEL CERTIFICATE dated September 30, 2022, is made and executed
among Kalispell Lodging LLC, 857 W Washington St Suite 301, Marquette, MI 49855 ("Grantor");
Stockman Bank of Montana, Dillon Office, 590 North Montana, Dillon, MT 59725 ("Lender"); and the
City of Kalispell and its assigns Kalispell Airport Association, P.O. Box 1997, Kalispell, MT 59903
(collectively "Landlord").
Grantor and Lender have entered, or are about to enter, a financial transaction whereby Lender has
acquired or will acquire a security interest or other lien on Grantor's leasehold interest in the Property
described below.
To induce Lender to extend one or more loans or other financial accommodations to Grantor against
such security interest in the Property and for other valuable consideration, with knowledge that
Lender is relying thereon, Landlord and Grantor hereby agree with Lender as follows:
THE LEASE. Landlord has leased the Property to Grantor pursuant to a lease (the "Lease") dated August
29, 2022, which was recorded as follows: Recorded September 7, 2022, as Instrument No.
202200023691.
REAL PROPERTY DESCRIPTION. The Lease covers the following described real property, together with
all improvements thereon (the "Real Property") located in Flathead County, State of Montana:
LEASE PARCEL A
A PORTION OF LOT 2A, AMENDED PLAT OF LOT 2, BLOCK 1, AIRPORT ADDITION TO KALISPELL
LOCATED IN THE NORTHWEST ONE -QUARTER (NW 1/4) OF SECTION 20, TOWNSHIP 28 NORTH,
RANGE 21 WEST, PRINCIPAL MERIDIAN MONTANA, CITY OF KALISPELL, FLATHEAD COUNTY,
MONTANA MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF LOT 1A, AMENDED PLAT OF LOT 2, BLOCK 1,
AIRPORT ADDITION TO KALISPELL, SAID POINT BEING ON THE WESTERLY RIGHT OF WAY OF US
HIGHWAY 93; THENCE ALONG THE WESTERLY RIGHT OF WAY OF SAID US HIGHWAY 93
N29034'45"W A DISTANCE OF 565.05 FEET TO A POINT ON THE EASTERLY BOUNDARY OF LOT 2A,
AMENDED PLAT OF LOT 2, BLOCK 1, AIRPORT ADDITION TO KALISPELL, SAID POINT ALSO BEING
THE TRUE POINT OF BEGINNING FOR LEASE PARCEL A; THENCE LEAVING SAID RIGHT OF WAY
S60015'26"W A DISTANCE OF 44.05 FEET TO A POINT ON THE EASTERLY BOUNDARY OF LOT 1A,
AMENDED PLAT OF LOT 2, BLOCK 1, AIRPORT ADDITION TO KALISPELL; THENCE ALONG THE
EASTERLY BOUNDARY OF SAID LOT 1A N29040'12"W A DISTANCE OF 10.36 FEET TO A POINT ON
THE NORTHERN BOUNDARY OF SAID LOT 1A; THENCE ALONG THE NORTHERLY BOUNDARY OF
SAID LOT 1A S60020'55"W A DISTANCE 107.05 FEET TO POINT ON THE EASTERLY BOUNDARY OF
PARCEL 1 OF CERTIFICATE OF SURVEY 12729; THENCE ALONG THE EASTERLY BOUNDARY OF
SAID PARCEL 1 N29018'08"W A DISTANCE OF 74.50 FEET TO A POINT ON THE SOUTHERLY
BOUNDARY OF LOT 1A, RESUBDIVISION OF LOT 1, BLOCK 1, AIRPORT ADDITION TO KALISPELL,
SUBDIVISION NO. 73; THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID LOT 1A N60°14'09"E A
DISTANCE OF 150.75 TO A POINT ON THE SOUTHEAST CORNER OF SAID LOT 1A AND WESTERLY
RIGHT OF WAY OF US HIGHWAY 93; THENCE ALONG THE WESTERLY RIGHT OF WAY OF US
HIGHWAY 93 S29034'45"E A DISTANCE OF 85.09 FEET TO THE TRUE POINT OF BEGINNING.
AREA CONTAINING 0.27 ACRES, MORE OR LESS.
AREA CONTAINING 0.18 ACRES, MORE OR LESS.
LEASE PARCEL D
A PORTION OF DEED EXHIBIT RECORDED IN BOOK 507, PAGE 117 LOCATED IN THE NORTHWEST
ONE -QUARTER (NW 1/4) OF SECTION 20, TOWNSHIP 28 NORTH, RANGE 21 WEST, PRINCIPAL
MERIDIAN MONTANA, CITY OF KALISPELL, FLATHEAD COUNTY, MONTANA MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF LOT 1A, AMENDED PLAT OF LOT 2, BLOCK 1,
AIRPORT ADDITION TO KALISPELL, SAID POINT BEING ON THE WESTERLY RIGHT OF WAY OF US
HIGHWAY 93; THENCE ALONG THE SOUTHERLY BOUNDARY SAID LOT 1A S60°24'07"W A DISTANCE
OF 300.01 FEET TO A POINT ON THE SOUTHWEST CORNER OF SAID LOT 1A AND THE EASTERLY
BOUNDARY OF A DEED EXHIBIT RECORDED IN BOOK 507, PAGE 117, SAID POINT ALSO BEING THE
TRUE POINT OF BEGINNING FOR LEASE PARCEL D; THENCE LEAVING SAID WESTERLY BOUNDARY
OF SAID LOT 1A AND THROUGH SAID DEED EXHIBIT RECORDED IN BOOK 507, PAGE 117
S60024'07"W A DISTANCE OF 13.33 FEET; THENCE N29044'47"W A DISTANCE OF 144.56 FEET;
THENCE N60015'13"E A DISTANCE OF 13.33 FEET TO A POINT ON THE WESTERLY BOUNDARY OF
SAID LOT 1A; THENCE ALONG THE WESTERLY BOUNDARY OF SAID LOT 1A S29°44'47"E A
DISTANCE OF 144.59 FEET TO THE TRUE POINT OF BEGINNING.
AREA CONTAINING 0.04 ACRES, MORE OR LESS
The Real Property or its address is commonly known as, see legal description above.
ESTOPPEL. Landlord and Grantor hereby jointly and severally represent and warrant to Lender that:
Lease in Effect. The Lease (i) has been duly executed and accepted by Landlord and Grantor, (ii) is
in full force and effect, and (iii) has not been modified or changed, either in writing or orally, except as
reflected in the copy of the Lease provided to Lender.
No Default. As of the date of this Certificate, (i) all conditions and obligations to be performed by
either Landlord or Grantor under the Lease, to the date hereof, have been satisfied; (ii) there exists no
breach, default, or event or condition which, the giving of notice or the passage of time, or both, would
constitute such a breach or default under the Lease; and (iii) there are no existing claims, defenses or
offsets against obligations of either Landlord or Grantor under the Lease, including any against rents due
or to become due under the terms of the Lease.
Entire Agreement. The Lease constitutes the entire agreement between Landlord and Grantor with
respect to the Lease of the Property.
No Prepaid Rent. No deposits or prepayments of rent have been made in connection with the Lease,
except as may be described above in the summary description of the Lease.
AGREEMENTS. Landlord and Grantor hereby jointly and severally agree with Lender that, during all such
times as Lender is the beneficiary of the security interest in the Property described above:
Modification, Termination and Cancellation. Landlord and Grantor will not consent to any
modification, termination or cancellation of the Lease unless Lender first consents thereto in writing.
Notice of Default. Landlord will notify Lender in writing concurrently with any notice given to Grantor of
any breach or default on the part of Grantor under the Lease, and Landlord agrees that Lender shall have
the right (but not the obligation) to cure any breach or default specified in such notice within the time
periods set forth below and Landlord will not declare a default of the Lease, if Lender cures such default
within thirty (30) days from and after expiration of the time period provided in the Lease for the cure
thereof by Grantor; provided, however, that if such default cannot with diligence be cured by Lender
LEASE PARCEL B
A PORTION OF PARCEL 1, CERTIFICATE OF SURVEY 12729 LOCATED IN THE NORTHWEST
ONE -QUARTER (NW 1/4) OF SECTION 20, TOWNSHIP 28 NORTH, RANGE 21 WEST, PRINCIPAL
MERIDIAN MONTANA, CITY OF KALISPELL, FLATHEAD COUNTY, MONTANA MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF LOT 1A, AMENDED PLAT OF LOT 2, BLOCK 1,
AIRPORT ADDITION TO KALISPELL, SAID POINT BEING ON THE WESTERLY RIGHT OF WAY OF US
HIGHWAY 93; THENCE ALONG THE WESTERLY RIGHT OF WAY OF US HIGHWAY 93 N29°34'45"W A
DISTANCE OF 650.14 TO A POINT ON THE NORTHEAST CORNER OF LOT 2A, AMENDED PLAT OF
LOT 2, BLOCK 1, AIRPORT ADDITION TO KALISPELL; THENCE LEAVING THE WESTERLY RIGHT OF
WAY OF SAID S60014'09"W A DISTANCE OF 150.75 FEET TO A POINT ON THE EASTERLY BOUNDARY
OF SAID PARCEL 1 OF CERTIFICATE OF SURVEY 12729, SAID POINT ALSO BEING THE TRUE POINT
OF BEGINNING FOR LEASE PARCEL B; THENCE ALONG THE EASTERLY BOUNDARY OF SAID
PARCEL 1 S29018'08"E A DISTANCE 74.50 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF
LOT 1A, AMENDED PLAT OF LOT 2, BLOCK 1, AIRPORT ADDITION KALISPELL; THENCE ALONG THE
NORTHERLY BOUNDARY OF SAID LOT 1A S60020'55"W A DISTANCE OF 37.10 FEET TO A POINT;
THENCE ALONG THE WESTERLY BOUNDARY OF LOT 1A S29037'33"E A DISTANCE OF 75.56 TO A
POINT; THENCE S60°18'19"W A DISTANCE OF 113.32 FEET TO THE NORTHWEST CORNER OF SAID
LOT 1A AND THE EASTERLY BOUNDARY OF A DEED EXHIBIT RECORDED IN BOOK 507, PAGE 117;
THENCE S60018'52"W A DISTANCE OF 73.33 FEET TO A POINT; THENCE N29044'47"W A DISTANCE OF
149.75 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF LOT 1A, RESUBDIVISION OF LOT 1,
BLOCK 1, AIRPORT ADDITION TO KALISPELL, SUBDIVISION NO. 73; THENCE ALONG THE
SOUTHERLY BOUNDARY OF SAID LOT1A N60014'09"E A DISTANCE OF 224.48 FEET TO THE TRUE
POINT OF BEGINNING.
AREA CONTAINING 0.71 ACRES, MORE OR LESS
LEASE PARCEL C
A PORTION OF DEED EXHIBIT RECORDED IN BOOK 507, PAGE 117 LOCATED IN THE NORTHWEST
ONE -QUARTER (NW 1/4) OF SECTION 20, TOWNSHIP 28 NORTH, RANGE 21 WEST, PRINCIPAL
MERIDIAN MONTANA, CITY OF KALISPELL, FLATHEAD COUNTY, MONTANA MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF LOT 1A, AMENDED PLAT OF LOT 2, BLOCK 1,
AIRPORT ADDITION TO KALISPELL, SAID POINT BEING ON THE WESTERLY RIGHT OF WAY OF US
HIGHWAY 93; THENCE ALONG THE SOUTHERLY BOUNDARY SAID LOT 1A S60°24'07"W A DISTANCE
OF 300.01 FEET TO POINT ON THE SOUTHWEST CORNER OF SAID LOT 1A AND THE EASTERLY
BOUNDARY OF DEED EXHIBIT RECORDED IN BOOK 507, PAGE 117; THENCE ALONG THE
WESTERLY BOUNDARY OF SAID LOT 1A N29044'47"W A DISTANCE OF 221.10 FEET TO A POINT ON
THE SOUTHEAST CORNER OF TRACT 1 OF CERTIFICATE OF SURVEY 13656, SAID POINT ALSO
BEING THE TRUE POINT OF BEGINNING FOR LEASE PARCEL C; THENCE ALONG THE SOUTHERLY
BOUNDARY OF SAID TRACT 1 S60015'13"W A DISTANCE OF 13.33 FEET TO A POINT; THENCE
N29044'47"W A DISTANCE OF 205.63 FEET TO A POINT; THENCE S60°18'50"W A DISTANCE OF 60.00
FEET TO POINT; THENCE N29°44'47"W A DISTANCE OF 72.71 FEET TO POINT ON THE SOUTHERLY
BOUNDARY OF PARCEL 1 OF CERTIFICATE OF SURVEY 12729; THENCE ALONG THE SOUTHERLY
BOUNDARY OF SAID PARCEL 1, N60018'52"E A DISTANCE OF 73.33 FEET TO THE NORTHWEST
CORNER OF LOT 1A, AMENDED PLAT OF LOT 2, BLOCK 1, AIRPORT ADDITION TO KALISPELL;
THENCE ALONG THE WESTERLY BOUNDARY OF SAID LOT 1A S29044'47"E A DISTANCE OF 278.32
FEET TO THE TRUE POINT OF BEGINNING.
within such thirty (30) day period, the commencement of action by Lender within such thirty (30) day
period to remedy the same shall be deemed sufficient so long as Lender pursues such cure with
diligence.
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 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. This Certificate shall extend to and bind the respective heirs, personal
representatives, successors and assigns of the parties to this Certificate. This Certificate shall be governed
by and construed in accordance with the laws of the State of Montana. If Landlord is other than an
individual, any agent or other person executing this Certificate on behalf of Landlord represents and warrants
to Lender that he or she has full power and authority to execute this Certificate on Landlord's behalf. Lender
shall not be deemed to have waived any rights under this Certificate unless such waiver is 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 Certificate shall not
constitute a waiver of or prejudice Lender's right otherwise to demand strict compliance with that provision or
any other provision.
GRANTOR AND LANDLORD EACH ACKNOWLEDGE HAVING READ ALL THE PROVISIONS OF THIS
LANDLORD'S ESTOPPEL CERTIFICATE, AND EACH AGREES TO ITS TERMS. THIS CERTIFICATE IS
DATED SEPTEMBER 30, 2022.
GRANTOR:
KALISPELL LODGING LLC
By:
Robert Mahaney, Manager of Kalispell Lodging LLC
LANDLORD:
CITY OF IS L
By: �01��� 1
Doug Rus ell, City Manager of City of Kalispell
KALISPELL-�A=R�PORT ASS CIATION
By:
AutKorized Signer for Kalispell Airport Association
LENDER:
STOCKMAN BANK OF MONTANA
X
Robert Shane Puyear, VP Dillon Branch Manager