20120223Warranty Notification.pdf

RECEIVED
Cynthia A. Melilo PLLC
8385 W. Emerald Street
Boise, Idaho 83704
(208)-577 -57 4 7
camæicamlawidaho.com
ion FEB 23 AM 8: 39
iDP\HO F~lJt;L¡iç~ ~ e- t
UTILITiES COMMISSION
February 22, 2012 mfD,-T-JI-:i
Via United States Mail
Terri Carlock, Section Supervisor
Idaho Public Utilities Commission
472 W. Washihgton
P.O. Box 83720
Boise, 1083720-0074
Re: Midvale Telephone Exchange, Incorporated - Order No. 32433
Dear Ms. Carlock:
Pursuant to our conversation, attached is a hard copy of the documents (including my
original letter) that I previously emailed to you in connection with the above referenced matter. I
am submitting the hard copies so that the Promissory Note and Deed of Trust can be kept
confidentiaL. They are included in the package on yellow paper.
If you have any questions or comments regarding the enclosed, or if you need any
additional information, please do not hesitate to contact me.
Sincerely,:'~ll~
Cynthia A. Melilo
CAM
Enclosures
CAM to Terri Carlock re Midvale Weiser purchase (2-22-12)
RECEIVED
Cynthia A. Melilo PLLC
8385 W. Emerald Street
Boise, Idaho 83704
2012 FËB 23' AM 8; 39
(208)-577 -57 4 7
camæicamlawidaho. com
iDAHO PJ2,;.(~
UTILITIES COMrv~jSSION
February 13, 2012
Via Electronic Mail (terri. carlockcæpuc. Idaho.gov)
Terri Carlock, Section Supervisor
Idaho Public Utilities Commission
472 W. WaShington
P.O. Box 83720
Boise, 1083720-0074
Re: Midvale Telephone Exchange, Incorporated - Order No. 32433
Dear Ms. Carlock:
Pursuant to Idaho Public Utilities Commission ("IPUC") Order No. 32433, which granted
Midvale Telephone Exchange, Incorporated's application for authority to issue securities in
connection with the purchase of certain property in Weiser, Idaho from Delos N. Lee and
Barbara V. Lee, Trustees of the Lee Family Trust, Midvale Telephone Exchange, Incorporated
was required to file with the IPUC copies of final loan approval and final documentation; a copy
of any executed collateral documentation; and the "Report of Securities Issued." The purchase
consisted of seller carryback financing so there are no loan approvals or other documentation in
connection therewith. Additionally, there is no "report of securities issued." Enclosed herewith
is promissory note evidencing the carryback financing and a deed of trust. I have also attached
the warranty deed conveying the property to Midvale Telephone Exchange, Incorporated. Order
No. 32433 also granted authority to issue securities in connection with the purchase of certain
properties from Lane Willams. Those purchases have not yet been finalized. i wil send
documents to you at that time.
If you have any questions or comments regarding the enclosed, or if you need any
additional information, please do not hesitate to contact me.Se~fl
Cynthia A. Melillo
CAM
Enclosures
cc: Steve Child (via electronic mail)
CAM to Terri Carlock re Midvale Weiser purchase
''"219164~
WARRANTY DEED
Instrument # 218164
STATE OF IDHO, COUNTY Of WASHINGTON1-22 09:50:li No. alP..: SRlIort'r: AMERITITLI!~.BETTY J THOM 22liEx-o Recorer De
... 10: 0E
1511Ji
For good and valuable consideration, the reipt and sufciency of which are hereby
acknowledged, Delos N. Lee and Barbara V. Lee, truste of the Lee Family Tftst uId
December 17, 200 (-Grantor") , doe herey grant, bargain, sell and convey unto Midvale
Telephone Exchange, Incorporate, an Idaho corpration ("Grante-), whose addres is
225 Keithley Crek Road, Midvale, Idaho 8364 that certain real propert located in
Washington County, State of Idaho and legally described in Exhibit "A" attached hero and
made a part by reference (the -Preis-).
TOGETHER WITH all and singular the tenements, hereditaments, and appurtenance
thereunto belonging or in anywse appertining, the reversion and reversions, remainder and
remainders, rents, issues, and pro theref; and all estate, right, tie, and interest in and to the
Premises, as well in law as in equity.
TO HAVE AND TO HOL.D the Premise wih its appurtenances, unto Grantee, its
succssors, heirs and assigns, forever.
SUBJECT TO the easements, rections and conditions set forth on Exhibit B to this
Warrant Deed attched hereto and incorporaed herein (the "Pemiltted Exceptions-).
AND Grantor does hereby covenant to and wit Grantee, and its succssors and
assigns forever, that Grantor is owner in fee simple of th Premises; that Grantor has a good
right to convey the fee simple; that the Premises Is fre frm any and all liens, claims,
encumbrance or other defects of title except the Pemiited Exceptions; that Grantor shall and
wil warrnt and defend. the quiet and peaceful possession of said Premises by Grante, and its
succsors and asigns forever, against all other claims whatsver; and that Grantor and its
heirs and assigns wil, on demand of the Grantee or its heirs or assigns, exece any instrument
necery for the further assurance of the title to the Premises that may be reasonably reuired.
EXHIBITB-1
i
".219164
IN WITNESS WHEREOF, the Grantor has cause these presents to be executed this\Ç;..dayof S? h!D~012
Delos N. Lee and Barbara V. Lee, truste of the
Lee Family Trust, uId December 17, 2002
~Yildl ~-l
Delos N. Lee, Trustee
l3aJ Ý r& ¿-AMu¿
Barbara V. Lee, Trustee
EXHIBIT B-2
!'
..
219164
STATEO_
) S8.
County of .. "'
On this , ~ day of January, 2012, beore me, the undersigned Notary Public in and
for said state, personally appeared Delos N. Lee, kno to me to be a truee of Delos N. Le
and Barbara V. Lee, trustees of the Lee Family Trust, uId Deceber 17, 2002, the trust that
executed the foreoing instrument or the persn who executed the foregoing instrument on
behalf of said trust, and acknoweded to me that such trt execed the same.,
IN WITNESS WHEREOF, I have hereunto set my hand and afxed my ofcial seal the
day and year firs abve wrtten.
"i.HUtlll.~~~'"~"'.....~~~_I......
~ 'r' .~,:,
~.. .:' '. ..\\,.."'1- . '. . '"-I'" '. \ .... .. .. .":'. ,i:. .... ..-.,. .:.: f' .. =
..S~ . .. ." ::10". 0""',~........ ~"1/..C/ \,'
'"Ir It;.",
No Ii
Residing at
My commission expires:
STATEOF~O )
) ss.Count of n)
On this lD~ day of January, 2012, before me, the undersigned Notary Public in and
for said State, personally appeare Barbara V. Lee, known to me to be a trustee of Delos N.
Lee and Barbra V, Lee, trues of the Lee Family Trust, uId Decmber 17, 2002, the trust
that executed the foreoing instrument or the person who excuted the foregoing instrment on
behalf of said trust, and acknowedged to me that such trust execud the same..
IN WITNESS WHEREOF, I have hereunto set my hand and afxed my ofcial seal theday and year first above wren. ('"","Miii ' \~..\ II" ,~. ....-.... ~"
$~' .í ~.",,: (O'..i;:' I.J~' .... \~:.. I" ,: =.. .... ,..~~o.. :. ...~. ,.. ..'. '. .. ~~. ..... ... ~
"..0:......... ,""i ~ ..''IIIJI~."'\
EXHIBIT B-3
'..219164
EXHIBIT A
Legal Description to the Warrnty DMd
Lot 11. 12, 13 and 14 of Block 35 of Watlington's Additon to the Cit of Weiser, Idaho, as the
same are shown on the ofcial plat thereo recrded in the real propert rerds of Washington
County, Idaho (the ~Propert~)
EXIBITB-4
..
..2191 64
glHIBITB
Permitd Exceptions to the Warrnty Deed
EXIBITB-5