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Deist to Klein/Letter of Credit ReturnCity of Kalispell Post Office Box 1997 - Kalispell, Montana 59903-1997 - Telephone (406)758-7700 Fax (406)758-7758 October 30, 2007 The Meadows, LLC Attn: Tom Klein 8 First Street East, Suite #204 Kalispell, MT 59901 Re: Letter of Credit No. 1-07-312 $ 727,003.86 Dear Mr. Klein, I am returning the above mentioned letter of credit per Mark Crowley as the Public Works Department concurs that the significant items have been constructed in accordance with the approved plans and specifications. If you have any questions, please call me at 758-7750. Sincerely, Deb Deist City Treasurer IRREVOCABLE LETTER OF CREDIT C)) Letter of Credit No. 01-0 Dated: March 28, 2007 Expiration Date: March 28, 2008 Amount: $727,003.86 Kalispell City Council City of Kalispell P. O. Box 1997 Kalispell, MT 59901 We hereby establish in your favor an irrevocable Letter of Credit up to the aggregate amount of $727,003.86 at the request of the Meadows, Inc., Thomas S. Klein and Jon R. Halland. If the Meadows, Inc. fail to complete the specified improvements in the Meadows Subdivision 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 This Letter may not be withdrawn or reduced in any amount prior to its expiration date except by your draft or written release.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 v Dave J. McNutt Vice President ks