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Deist to Davis & Wheeler/Letter of Credit ReturnCity of Kalispell Post Office Box 1997 - Kalispell, Montana 59903-1997 - Telephone (406)7.58-7700 Fax (406)758-7758 January 29, 2008 Peter J. Davis Jennifer Wheeler PO Box 27 Kalispell, MT 59903-0027 Re: Letter of Credit No. 01-07-318 $ 15.921.88 Dear Mr. Davis and Ms. Wheeler, I am returning the above mentioned letter of credit per Mark Crowley as the Public Works Department concurs that the significant items have been completed in accordance with the approved plans and specifications. I have also included copies of modifications to Letter of Credit No. 1-06-284. The actual letter of credit was previously returned according to my records. If you have any questions, please call me at 758-7750. Sincerely, Deb Deist City Treasurer Cc: Morrison-Maierle 1228 Whitefish Stage Road Kalispell, MT 59901 Hutton Ranch Plaza Associates, LLC Attn: Chris Bezat 135 Hutton Ranch Plaza, Suite 9103 Kalispell, MT 59901 f City of Kalispell Building Department P. O. Box 1997 Kalispell, MT 59901 E Letter of Credit No. 01-07-318 Dated: June 14, 2007 Expiration Date: August 1, 2007 Amount: $15,921.88 We hereby establish in your favor an irrevocable Letter of Credit up to the aggregate amount of $15,821.88 at the request of Hutton Ranch Plaza Associates, LLC. If Hutton Ranch Plaza Associates, LLC fails to complete the specified improvements in the Hutton Ranch Plaza Phase 1 within the time period set forth in the attached Improvements Agreement, we will pay on demand your draft or drafts for such funds, to the limit of credit set forth herein, as are required to complete said improvements. All drafts must indicate the number and date of this Letter of Credit and be accompanied by a signed statement of an authorized official that the amount is drawn to install improvements not installed in conformance with the Improvements Agreement and specifying the default or defect in question. All drafts must be presented prior to the expiration date stated above, and this Letter of Credit must accompany the final draft for payment. This Letter may not be withdrawn or reduced in any amount prior to its expiration date except by your draft or written release. GLACIER BANK Peter J. Davis Vice President #-.b•.k.co ..email:glacier@glacierbank.com OPPORTUNITYMEMBER FDIC AN EQUAL LENDER P. O. Box 27 202 Main Street August 6, 2007 Kalispell City Council City of Kalispell PO Box 1997 Kalispell, MT 59903 Kalispell, MT 59903 RE: Hutton Ranch Plaza Associates, LLC Modification to Letter of Credit No. 1-06-284 Current Amount: $212,812.50 Current Expiration Date: September 30, 2007 Modified Amount: $91,000.00 Phone # (406) 756-4299 Fax # (406) 758-4380 The above Letter of Credit was established in your favor for the account of Hutton Ranch Plaza Associates, LLC, 135 Hutton Ranch Road, Suite 103, Kalispell, MT 59901. Effective August 6, 2007, the amount of the Letter of Credit is reduced to $91,000.00. All other terms and conditions of the original Letter of Credit dated April 25, 2006 will remain unchanged. Please attach this modification to the original Letter of Credit. To the extent applicable, the original Letter of Credit and this Modification are subject to the Montana Uniform Commercial Code and the Uniform Custom and Practice for the Documentary Credits (2007 Revision) International Chamber of Commerce Document No. 600. Sincerely, f Jennifer Wheeler Assistant Vice President May 25, 2007 Kalispell City Council City of Kalispell PO Box 1997 Kalispell, MT 59903 RE: Hutton Ranch Plaza Associates, LLC Modification to Letter of Credit No. 1-06-284 Current Amount: $614,482.50 Current Expiration Date: July 31, 2007 Modified Amount: $212,812.50 Extended Maturity Date: September 30, 2007 The above Letter of Credit was established in your favor for the account of Hutton Ranch Plaza Associates, LLC, 4 Sunset Plaza, Suite 201, Kalispell, MT 59901. Effective May 25, 2007, the amount of the Letter of Credit is reduced to $212,812.50 and the Maturity Date will be extended to September 30, 2007. All other terms and conditions of the original Letter of Credit dated April 25, 2006 will remain unchanged. Please attach this modification to the original Letter of Credit. To the extent applicable, the original Letter of Credit and this Modification are subject to the Montana Uniform Commercial Code and the Uniform Custom and Practice for the Documeritary Credits (1993 Revision) International Chamber of Commerce Document No. 500. Sincerely, Jennifer Wheeler Assistant Vice President website:eba o, email:glacier@glacierbank.com