Hap Taylor & Sons v. Summerwind Partners Clerk's Record v. 4 Dckt ...

UIdaho LawDigital Commons @ UIdaho Law

Idaho Supreme Court Records & Briefs

8-30-2013

Hap Taylor & Sons v. Summerwind PartnersClerk's Record v. 4 Dckt. 40514

Follow this and additional works at: https://digitalcommons.law.uidaho.edu/idaho_supreme_court_record_briefs

This Court Document is brought to you for free and open access by Digital Commons @ UIdaho Law. It has been accepted for inclusion in IdahoSupreme Court Records & Briefs by an authorized administrator of Digital Commons @ UIdaho Law. For more information, please [email protected].

Recommended Citation"Hap Taylor & Sons v. Summerwind Partners Clerk's Record v. 4 Dckt. 40514" (2013). Idaho Supreme Court Records & Briefs. 4503.https://digitalcommons.law.uidaho.edu/idaho_supreme_court_record_briefs/4503

https://digitalcommons.law.uidaho.edu?utm_source=digitalcommons.law.uidaho.edu%2Fidaho_supreme_court_record_briefs%2F4503&utm_medium=PDF&utm_campaign=PDFCoverPages

https://digitalcommons.law.uidaho.edu/idaho_supreme_court_record_briefs?utm_source=digitalcommons.law.uidaho.edu%2Fidaho_supreme_court_record_briefs%2F4503&utm_medium=PDF&utm_campaign=PDFCoverPages



https://digitalcommons.law.uidaho.edu/idaho_supreme_court_record_briefs/4503?utm_source=digitalcommons.law.uidaho.edu%2Fidaho_supreme_court_record_briefs%2F4503&utm_medium=PDF&utm_campaign=PDFCoverPages

mailto:[email protected]

.:; , ·: ,.,!~~·\1· ~ .- .. ~~·~ ...... l.-r:, .• :. · ·• ... ~ ... :w, ···~, ... (.t:~.: .. . ~ ""' ~ ir.1 T. _,-, • :~~~ .. !'1-W~~~.,_, - ~I~ . . '1., !trt. . ,...- .. 1 .• -r,•:n,.~· ;.,. ,··:r· ,-~ ~· ,.,-.-h"'rl':.~~...-; ' ..... ... . - ,.. . . . ..... }"•

. L. . • . I ' 1 ' ~ ~ ' \ • I. • ' . ·-t~ • i . , , • r ... '" " , • •' •

• , <' 'mil. . • • ., . . ">;) .$ii4.• . - . -,-II!' .. .' ~. . : ,~ t" I.I.;,,,_.,.., ., ,; • ~ .,_ ... _. ~l'L.\O

(VOLUME 4)

IN THE

SUPREME COURT

STAT

HAP TAYLOR & , INC., dfb/a KNIFE RIVER, an Oregon corporation,

Plaintiff-Cross Respondent,

-vs-

L222-1 ID SUMMERWIND, LLC., A Nevada limited liability corporation,

Defendant-Cross Appellant, And

IDAHO GOLF PARTNERS, INC.,

Int rv nor-Appellant.

CONGER MANAGEMENT GROUP, INC., An Idaho corporation,

Plaintiff-Counterdefendant-Cross Defendant-Respondent,

-vs-

STANLEY CONSULTANTS, INC.,

And

Defendant-Counterclaimant-Cross Claimant-Appellant,

INTEGRATED FINANCIAL ASSOCIATES, INC., a Nevada corporation,

d

And

fendant-Counterdefendant-Cross efendant-Jt ndent ro Appellant,

rporati n ; an Idaho corporation,

ID OGOLFP IN .

llant.

LA CLE K

Appealed from the District of the Third Jud for the State of Id ho, in and for Canyon

Honorable JUNEAL C. KERRICK, Di tric

Thomas E. Dvorak, Martin C. Hendrickson, Elizabeth M Donick

Attorneys for Appellant (Stanley Consulta

Michael 0. Roe Attorney for Appellant (Integrated Financia

Assoc., Summerwind Partners

David T. Krueck Attorney for Respondents

FILED -COPY j 0 ~IP.3

IN THE SUPREME COURT OF THE

STATE OF IDAHO

HAP TAYLOR & SONS, INC., d/b/a KNIFE RIVER, an Oregon corporation,

Plaintiff-Cross Respondent,

-vs-

L222-1 ID SUMMERWIND, LLC., a Nevada limited liability corporation,

Defendant-Cross Appellant, And


Intervenor-Appellant.

CONGER MANAGEMENT GROUP, INC., an Idaho corporation,

Plaintiff-Counterdefendant- Cross Defendant-Respondent,

-vs-

STANLEY CONSULTANTS, INC.,

And

Defendant-Counterclaimant-Cross Claimant-Appellant,

INTEGRATED FINANCIAL ASSOCIATES, INC., a Nevada corporation,

And

Defendant-Counterdefendant-Cross Defendant-Respondent-Cross Appellant,

GENEVA EQUIDES, LLC., an Idaho limited Liability company; TRADIDONAL SPRINKLERS AND LANDSCAPING, INC., an Idaho corporation; DENNIS PHIPPS WELL DRILLING, INC., an Idaho corporation; RIVERSIDE, INC., an Idaho corporation,

And

Defendants-CounterdefendantsCross Defendants-Respondents,


Intervenor-Appellant.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Supreme Court No. 40514-2012

Appeal from the Third Judicial District, Canyon County, Idaho

HONORABLE JUNEAL C. KERRICK, Presiding

Thomas E. Dvorak, Martin C. Hendrickson, Elizabeth M. Donick, GIVENS PURSLEY LLP., P 0 Box 2720, Boise, ID 83701

Attorneys for Appellant (Stanley Consultants)

Michael 0. Roe, MOFFATT THOMAS BARRETT ROCK & FIELDS, CHTD., P 0 Box 829, Boise, ID 83701

Attorney for Appellants (Integrated Financial Assoc., Summerwind Partners)

David T. Krueck, JONES GLEDHILL FUHRMAN GOURLEY, PA., P 0 Box 1097, Boise, ID 83701-1617

Attorney for Respondents

TABLE OF CONTENTS

Register of Actions

Complaint for Foreclosure of Claim of Lien, filed 4-22-08

Defendant Integrated Financial Associates, Inc's and Certain Other Named Defendants Answer to Complaint, filed 7-7-08

Answer of L222-I ID Summerwind LLC and Union Land Company LLC, filed 7-9-08

Answer to Complaint by Defendant, Riverside Inc an Idaho Corporation and Demand for Jury Trial, filed 7-9-08

Order for Default, filed 7-16-08

Answer Counterclaim and Crossclaim of Stanley Consultants, Inc, filed 7-17-08

Riverside Ines Answer-Disclaimer to Crossclaim by Stanley Consultants Inc., filed 7-22-08

Extreme Line Logistics Ines Answer Counterclaim and Crossclaim, filed 7-24-08

Riverside Ines Answer to Crossclaim by Extreme Line Logistics Inc, filed 8-13-08

Stanley Consultants Ines Answer to Crossclaim of Extreme Line Logistics Inc., filed 8-14-08

Rexius Forest By-Products Ines Answer to Complaint for Foreclosure, filed 10-30-08

Order to Consolidate, filed 3-2-09

Answer to Crossclaim of Stanley Consultants Inc, filed 3-4-09

Order Entering Default Re: Traditional Sprinklers, filed 3-16-09

Answer to Crossclaim of Stanley Consultants Inc., dated July 16, 2008, filed 3-24-09

Order Entering Default Re: Phipps Well Drilling, filed 3-26-09

Page No. Vol. No.

1- 13 1

14- 68 1

1

1

90- 95 1

96 - 101 1

102 - 121 1

122 - 124 1

125 - 142 1

143 - 148 1

149 - 158 1

159 - 173 1

174 - 177 1

1

1

190 - 193 2

194- 197 2

TABLE OF CONTENTS, Continued

Order Entering Default Re: L222-1 ID Summerwind LLC, 222-2 ID Summerwind LLC, 222-3 ID Summerwind LLC, and Union Land Company LLC, filed 3-26-09

Default Judgment Re: L222-1 ID Summerwind, L222-2 ID Summerwind, L222-3 ID Summerwind, Union Land Company, Filed 3-26-09

Memorandum in Support of Extreme Line Logistics Inc. Motion For Summary Judgment, filed 10-14-09

Affidavit of William L Smith in Support of Motion for Summary Judgment, filed 10-14-09

Affidavit of Casey Daniels in Support of Motion for Summary Judgment, filed 10-14-09

Integrated Financial Associates Inc Cross-Motion for Summary Judgment, filed 12-7-09

Combined Memorandum in Opposition to Extreme Line Logistics Ines Motion for Summary Judgment and in Support Of Integrated Financial Associates Ines Cross-Motion for Summary Judgment, filed 12-7-09

Plaintiffs Motion for Summary Judgment, filed 12-9-09

Memorandum in Support of Plaintiffs Motion for Summary Judgment, filed 12-9-09

Affidavit of Casey Daniels, filed 12-9-09

Affidavit of Jessee Rosin in Support of Plaintiffs Motion for

Page No.

198 - 201

202 - 204

205 - 213

214- 228

229 - 285

286- 289

290 - 300

301-304

305 - 317

Vol. No.

2

2

2

2

2

2

2

2

2

2

Summary Judgment, filed 12-9-09 329 - 410 3

Affidavit of David T Krueck in Support of Plaintiffs Motion for Summary Judgment, filed 12-9-09 411 - 466 3

Motion for Summary Judgment as to Knife Rivers Lien Foreclosure Claims, filed 12-9-09 467- 470 3

Memorandum in Support of Motion for Summary Judgment As to Knife Rivers Lien Foreclosure Claims, filed 12-9-09 471 - 488 3

Affidavit of Rebecca A Rainey in Support of Motion for Summary Judgment as to Knife Rivers Lien Foreclosure Claims, Filed 12-9-09 489 - 630 4


Page No. Vol. No.

Defendant/ Coun terclaiman t/ Cross Claimant Stanley Consultants Ines Motion for Summary Judgment, filed 12-10-09 631- 636 4

Memorandum in Support of Defendant/Counterclaimant/Cross Claimant Stanley Consultants Ines Motion for Summary Judgment, filed 12-10-09 637- 651 4

Affidavit of Eric Nelson in Support of Defendant/Counter Claimant/CrossClaimant Stanley Consultants Ines Motion for Summary Judgment, filed 12-10-09 652 - 670 4

Affidavit of Steve Arnold in Support of Defendant/Counter Claimant/Crossclaimant Stanley Consultants Ines Motion for Summary Judgment, filed 12-10-09 671 - 686 5

Notice of Hearing on Stanley Consultants Ines Motion for Summary Judgment, filed 12-10-09 687- 691 5

Second Affidavit of Steve Arnold in Support of Defendant/ Counterclaimant/Crossclaimant Stanley Consultants Ines Motion for Summary Judgment, filed 12-14-09 692 - 734 5

Defendant/ Counterclaimant/ Crossclaiman t Stanley Consultants Ines Response to Defendant Integrated Financial Associates Ines Cross-Motion for Summary Judgment, filed 12-21-09 735- 738 5

Defendant/ Coun terclaiman t/ Crossclaimant Stanley Consul tan ts Ines Response to Defendant/Crossclaimant Extreme Line Logistics Ines Motion for Summary Judgment, filed 12-21-09 739 - 742 5

Reply Memorandum in Opposition to Integrated Financial Associates Ines Cross-Motion for Summary Judgment and Stanley Consultants Ines Motion for Summary Judgment, Filed 12-24-09 743 - 759 5

Memorandum in Opposition to Stanley Consultants Ines Motion For Summary Judgment, filed 12-24-09 760 - 795 5

Memorandum in Opposition to Plaintiff Hap Taylor & Sons Inc d/b/a Knife River's Motion for Summary Judgment, filed 12-24-09 796 - 805 5

Affidavit of Rebecca A Rainey in Support of Opposition to Plaintiffs Motion for Summary Judgment, filed 12-24-09 806- 827 5


Page No. Vol. No. Preliminary Scheduling Order on Motions for Summary

Judgment, filed 12-30-09 828 - 831 5

Reply Memorandum in Support of Integrated Financial Associates Ines Cross-Motion for Summary Judgment, Filed 12-31-09 832 - 841 5

Plaintiffs Reply to Memorandum in Opposition to Plaintiff Hap Taylor & Sons Inc d/b/a Knife Rivers Motion for Summary Judgment, filed 12-31-09 842 - 853 5

Defendant/ Counterclaimant/ Cross claimant Stanley Consultants Ines Reply to Integrated Financial Associates Ines Opposition To Motion for Summary Judgment, filed 12-31-09 854- 861 6

Affidavit of David T Krueck in Opposition to Motion for Summary Judgment as to Knife River's Lien Foreclosure Claim, filed 1-28-10 862 - 900 6

Memorandum in Opposition to Motion for Summary Judgment As to Knife Rivers Lien Foreclosure Claims, filed 1-28-10 901 - 917 6

Stipulation to Dismiss Rexius Forest By-Products Inc Without Prejudice, filed 2-3-10 918 - 936 6

Notice of Hearing, filed 2-4-10 937- 939 6

Order to Dismiss Rexius Forest By-Products Inc Without Prejudice, filed 2-8-10 940 - 949 6

Reply Memorandum in Support of Motion for Summary Judgment as to Knife Rivers Claims of Lien, filed 2-24-10 950 - 966 6

Order on Motions for Summary Judgment, filed 4-13-10 967- 995 6

Defendant IF A's Motion for Reconsideration, filed 8-18-10 996- 999 6

Affidavit of Rebecca A Rainey in Support of Defendant IF A's Motion for Reconsideration, filed 8-18-10 1000 -1048 6

Memorandum in Support of Defendant IF A's Motion for Reconsideration, filed 8-18-10 1049 - 1089 7

Affidavit of Jesse Rosin in Opposition to Motion to Reconsider, filed 9-2-10 1090 -1096 7

TABLE OF CONTENTS, Continued Page No. Vol. No.

Memorandum in Opposition to Defendant IFA's Motion for Reconsideration, filed 9-2-10 1097- 1116 7

Errata Re: Affidavit of Jesse Rosin in Opposition to Defendant IFA's Motion for Reconsideration, filed 9-3-10 11117- 1124 7

Reply Memorandum in Support of Defendant IF A's Motion for Reconsideration, filed 9-7-10 1125 - 1146 7

Affidavit of Jessee Rosin in Support of Plaintiffs Second Motion For Summary Judgment, filed 12-16-10 1147- 1155 7

Memorandum in Support of Plaintiffs Second Motion for Summary Judgment, filed 12-16-10 1156 - 1166 7

Plaintiffs Second Motion for Summary Judgment, filed 12-16-10 1167-1170 7

Affidavit of David T Krueck in Support of Plaintiffs Second Motion for Summary Judgment, filed 12-16-10 1171 - 1222 7

Defendant Integrated Financial Associates Second Motion for Reconsideration, filed 12-30-10 1223 - 1227 8

Defendant Integrated Financial Associates Motion for Continuance Pursuant to IRCP 56(±), filed 12-30-10 1228 - 1231 8

Affidavit of Rebecca A Rainey in Support of Motion for Continuance Pursuant to IRCP 56(±), filed 12-30-10 1232 - 1272 8

Combined Memorandum in Opposition to Plaintiffs Second Motion for Summary Judgment and in Support ofIFA's Second Motion for Reconsideration, filed 12-30-10 1273 - 1349 8

Memorandum in Opposition to Defendant IFA's Second Motion for Reconsideration, filed 1-6-11 1350 - 1361 8

Opposition to IF A's Motion for Continuance Pursuant to IRCP 56(±), filed 1-6-11 1362 - 1368 8

Plaintiffs Reply to IFA's Memorandum in Opposition to Plaintiffs Second Motion for Summary Judgment, filed 1-6-11 1369 - 1375 8

Combined Reply Memorandum in Support ofIFA's Second Motion for Reconsideration and Motion for Continuance, Filed 1-11-11 1376 - 1386 8

TABLE OF CONTENTS, Continued Page No. Vol. No.

Amended Complaint for Foreclosure of Claim of Lien, Filed 1-14-11 1387-1401 8

Answer Counterclaim and Cross-Claim of Stanley Consultants Inc to Plaintiffs First Amended Complaint, filed 2-4-11 1402 -1416 8

Answer to Amended Complaint, filed 2-17-11 1417-1423 8

Combined Supplemental Memorandum in Support of Plaintiffs Second Motion for Summary Judgment and in Opposition to IFA's Second Motion for Reconsideration, filed 11-8-11 1424 -1447 9

Plaintiffs Motion to Entry of Judgment, filed 6-6-12 1448 - 1451 9

Affidavit of David T Krueck in Support of Plaintiffs Motion for Entry of Judgment, filed 6-6-12 1452 -1464 9

Memorandum in Support of Plaintiffs Motion for Entry of Judgment, filed 6-6-12 1465 - 1475 9

IF A's Opposition to Knife Rivers Motion for Entry of Judgment, filed 7-12-12 1476 -1482 9

Plaintiffs Reply to IF A's Opposition to Knife Rivers Motion for Entry of Judgment, filed 7-16-12 1483 - 1489 9

Plaintiffs Second Motion for Entry of Judgment, filed 9-19-12 1490 -1493 9

Affidavit of David T Krueck in Support of Plaintiffs Second Motion for Entry of Judgment, filed 9-19-12 1494-1508 9

Memorandum in Support of Plaintiffs Second Motion for Entry of Judgment, filed 9-19-12 1509 - 1516 9

Stipulation for Reconsideration and Entry of Certified Judgment, Filed 9-26-12 1517- 1532 9

Order on Motion for Entry of Judgment, filed 10-16-12 1533 - 1537 9

Certified Judgment on Stanley Consultants Ines Motion for Summary Judgment, filed 10-16-12 1538 - 1542 9

Judgment and Decree of Foreclosure, filed 10-26-12 1543 - 1551 9

Notice of Appeal, filed 11-26-12 1552 - 1581 9



Page No. Vol. No.

Order Remanding to District Court, filed 12-6-12 1592 - 1593 9

Order Clarifying Determination on Reconsideration After Remand, filed 3-15-13 1594 - 1608 9

Judgment, filed 3-15-13 1609 - 1611 9

Order Granting Petition to Intervene, filed 3-27-13 1612 - 1614 9

Certificate of Exhibit 1615 - 1616 9

Certificate of Clerk 1617- 1618 9

Certificate of Service 1619 - 1620 9

INDEX

Page No. Vol. No.

Affidavit of Casey Daniels in Support of Motion for Summary Judgment, filed 10-14-09 229 - 285 2

Affidavit of Casey Daniels, filed 12-9-09 318 - 328 2

Affidavit of David T Krueck in Opposition to Motion for Summary Judgment as to Knife River's Lien Foreclosure Claim, filed 1-28-10 862 - 900 6

Affidavit of David T Krueck in Support of Plaintiffs Motion for Summary Judgment, filed 12-9-09 411- 466 3

Affidavit of David T Krueck in Support of Plaintiffs Motion for Entry of Judgment, filed 6-6-12 1452 - 1464 9

Affidavit of David T Krueck in Support of Plaintiffs Second Motion for Summary Judgment, filed 12-16-10 1171 - 1222 7

Affidavit of David T Krueck in Support of Plaintiffs Second Motion for Entry of Judgment, filed 9-19-12 1494 - 1508 9

Affidavit of Eric Nelson in Support of Defendant/Counter Claimant/CrossClaimant Stanley Consultants Ines Motion for Summary Judgment, filed 12-10-09 652 ·- 670 4

Affidavit of Jesse Rosin in Opposition to Motion to Reconsider, filed 9-2-10 1090 -1096 7

Affidavit of Jessee Rosin in Support of Plaintiffs Motion for Summary Judgment, filed 12-9-09 329 -410 3

Affidavit of Jessee Rosin in Support of Plaintiffs Second Motion For Summary Judgment, filed 12-16-10 1147-1155 7

Affidavit of Rebecca A Rainey in Support of Defendant IF A's Motion for Reconsideration, filed 8-18-10 1000 -1048 6

Affidavit of Rebecca A Rainey in Support of Motion for Continuance Pursuant to IRCP 56(f), filed 12-30-10 1232 - 1272 8

Affidavit of Rebecca A Rainey in Support of Motion for Summary Judgment as to Knife Rivers Lien Foreclosure Claims, Filed 12-9-09 489 - 630 4

Affidavit of Rebecca A Rainey in Support of Opposition to Plaintiffs Motion for Summary Judgment, filed 12-24-09 806 - 827 5

INDEX, Continued

Page No. Vol. No.

Affidavit of Steve Arnold in Support of Defendant/Counter Claimant/Crossclaimant Stanley Consultants Ines Motion for Summary Judgment, filed 12-10-09 671- 686 5

Affidavit of William L Smith in Support of Motion for Summary Judgment, filed 10-14-09 214- 228 2

Amended Complaint for Foreclosure of Claim of Lien, Filed 1-14-11 1387 -1401 8

Answer Counterclaim and Cross-Claim of Stanley Consultants Inc to Plaintiffs First Amended Complaint, filed 2-4-11 1402 - 1416 8

Answer Counterclaim and Crossclaim of Stanley Consultants, Inc, filed 7-17-08 102 - 121 1

Answer of L222-I ID Summerwind LLC and Union Land Company LLC, filed 7-9-08 85- 89 1

Answer to Amended Complaint, filed 2-17-11 1417- 1423 8

Answer to Complaint by Defendant, Riverside Inc an Idaho Corporation and Demand for Jury Trial, filed 7-9-08 90-95 1

Answer to Crossclaim of Stanley Consultants Inc, filed 3-4-09 178 - 185 1

Answer to Crossclaim of Stanley Consultants Inc., dated July 16, 2008, filed 3-24-09 190 - 193 2

Certificate of Clerk 1617-1618 9

Certificate of Exhibit 1615 - 1616 9

Certificate of Service 1619 - 1620 9

Certified Judgment on Stanley Consultants Ines Motion for Summary Judgment, filed 10-16-12 1538 - 1542 9

Combined Memorandum in Opposition to Extreme Line Logistics Ines Motion for Summary Judgment and in Support Of Integrated Financial Associates Ines Cross-Motion for Summary Judgment, filed 12-7-09 290 -300 2

Combined Memorandum in Opposition to Plaintiffs Second Motion for Summary Judgment and in Support of IF A's Second Motion for Reconsideration, filed 12-30-10 1273 - 1349 8

INDEX, Continued

Page No. Vol. No.

Combined Reply Memorandum in Support of IF A's Second Motion for Reconsideration and Motion for Continuance, Filed 1-11-11 1376 - 1386 8

Combined Supplemental Memorandum in Support of Plaintiffs Second Motion for Summary Judgment and in Opposition to IF A's Second Motion for Reconsideration, filed 11-8-11 1424-1447 9

Complaint for Foreclosure of Claim of Lien, filed 4-22-08 14-68 1

Default Judgment Re: L222-1 ID Summerwind, L222-2 ID Summerwind, L222-3 ID Summerwind, Union Land Company, Filed 3-26-09 202 - 204 2

Defendant IFA's Motion for Reconsideration, filed 8-18-10 996- 999 6

Defendant Integrated Financial Associates Motion for Continuance Pursuant to IRCP 56(f), filed 12-30-10 1228 - 1231 8

Defendant Integrated Financial Associates Second Motion for Reconsideration, filed 12-30-10 1223 - 1227 8

Defendant Integrated Financial Associates, Inc's and Certain Other Named Defendants Answer to Complaint, filed 7-7-08 69- 84 1

Defendant/ Counterclaimant/ Cross Claimant Stanley Consultants Ines Motion for Summary Judgment, filed 12-10-09 631- 636 4

Defendant/Counterclaimant/Crossclaimant Stanley Consultants Ines Response to Defendant Integrated Financial Associates Ines Cross-Motion for Summary Judgment, filed 12-21-09 735- 738 5

Defendant/Counterclaimant/Crossclaimant Stanley Consultants Ines Response to Defendant/Crossclaimant Extreme Line Logistics Ines Motion for Summary Judgment, filed 12-21-09 739 - 742 5

Defendant/ Counterclaimant/ Cross claimant Stanley Consultants Ines Reply to Integrated Financial Associates Ines Opposition To Motion for Summary Judgment, filed 12-31-09 854- 861 6

Errata Re: Affidavit of Jesse Rosin in Opposition to Defendant IFA's Motion for Reconsideration, filed 9-3-10 11117 - 1124 7

Extreme Line Logistics Ines Answer Counterclaim and Crossclaim, filed 7-24-08 125 -142 1

INDEX, Continued

Page No. Vol. No.

IF A's Opposition to Knife Rivers Motion for Entry of Judgment, filed 7-12-12 1476 - 1482 9

Integrated Financial Associates Inc Cross-Motion for Summary Judgment, filed 12-7-09 286- 289 2

Judgment and Decree of Foreclosure, filed 10-26-12 1543 - 1551 9

Judgment, filed 3-15-13 1609 - 1611 9

Memorandum in Opposition to Defendant IF A's Motion for Reconsideration, filed 9-2-10 1097- 1116 7

Memorandum in Opposition to Defendant IF A's Second Motion for Reconsideration, filed 1-6-11 1350 - 1361 8

Memorandum in Opposition to Motion for Summary Judgment As to Knife Rivers Lien Foreclosure Claims, filed 1-28-10 901- 917 6

Memorandum in Opposition to Plaintiff Hap Taylor & Sons Inc d/b/a Knife River's Motion for Summary Judgment, filed 12-24-09 796 - 805 5

Memorandum in Opposition to Stanley Consultants Ines Motion For Summary Judgment, filed 12-24-09 760 - 795 5

Memorandum in Support of Defendant IF A's Motion for Reconsideration, filed 8-18-10 1049 - 1089 7

Memorandum in Support of Defendant/Counterclaimant/Cross Claimant Stanley Consultants Ines Motion for Summary Judgment, filed 12-10-09 637- 651 4

Memorandum in Support of Extreme Line Logistics Inc. Motion For Summary Judgment, filed 10-14-09 205- 213 2

Memorandum in Support of Motion for Summary Judgment As to Knife Rivers Lien Foreclosure Claims, filed 12-9-09 471-488 3

Memorandum in Support of Plaintiffs Motion for Entry of Judgment, filed 6-6-12 1465 - 1475 9

Memorandum in Support of Plaintiffs Motion for Summary Judgment, filed 12-9-09 305 - 317 2

INDEX, Continued

Page No. Vol. No.

Memorandum in Support of Plaintiffs Second Motion for Summary Judgment, filed 12-16-10 1156 - 1166 7

Memorandum in Support of Plaintiffs Second Motion for Entry of Judgment, filed 9-19-12 1509 - 1516 9

Motion for Summary Judgment as to Knife Rivers Lien Foreclosure Claims, filed 12-9-09 467-470 3

Notice of Appeal, filed 11-26-12 1552 -1581 9


Notice of Hearing on Stanley Consultants Ines Motion for Summary Judgment, filed 12-10-09 687- 691 5

Notice of Hearing, filed 2-4-10 937- 939 6

Opposition to IFA's Motion for Continuance Pursuant to IRCP 56(f), filed 1-6-11 1362 - 1368 8

Order Clarifying Determination on Reconsideration After Remand, filed 3-15-13 1594 - 1608 9

Order Entering Default Re: L222-1 ID Summerwind LLC, 222-2 ID Summerwind LLC, 222-3 ID Summerwind LLC, and Union Land Company LLC, filed 3-26-09 198 - 201 2

Order Entering Default Re: Phipps Well Drilling, filed 3-26-09 194- 197 2

Order Entering Default Re: Traditional Sprinklers, filed 3-16-09 186 -189 1

Order for Default, filed 7-16-08 96 - 101 1

Order Granting Petition to Intervene, filed 3-27-13 1612 -1614 9

Order on Motion for Entry of Judgment, filed 10-16-12 1533 - 1537 9

Order on Motions for Summary Judgment, filed 4-13-10 967- 995 6

Order Remanding to District Court, filed 12-6-12 1592 - 1593 9

Order to Consolidate, filed 3-2-09 174 - 177 1

Order to Dismiss Rexius Forest By-Products Inc Without Prejudice, filed 2-8-10 940 - 949 6

INDEX, Continued

Page No. Vol. No.

Plaintiffs Reply to IF A's Memorandum in Opposition to Plaintiffs Second Motion for Summary Judgment, filed 1-6-11 1369 - 1375 8

Plaintiffs Motion for Summary Judgment, filed 12-9-09 301- 304 2

Plaintiffs Motion to Entry of Judgment, filed 6-6-12 1448 - 1451 9

Plaintiffs Reply to IF A's Opposition to Knife Rivers Motion for Entry of Judgment, filed 7-16-12 1483 - 1489 9

Plaintiffs Reply to Memorandum in Opposition to Plaintiff Hap Taylor & Sons Inc djb/a Knife Rivers Motion for Summary Judgment, filed 12-31-09 842 - 853 5

Plaintiffs Second Motion for Entry of Judgment, filed 9-19-12 1490 - 1493 9

Plaintiffs Second Motion for Summary Judgment, filed 12-16-10 1167- 1170 7

Preliminary Scheduling Order on Motions for Summary Judgment, filed 12-30-09 828 - 831 5

Register of Actions 1- 13 1

Reply Memorandum in Opposition to Integrated Financial Associates Ines Cross-Motion for Summary Judgment and Stanley Consultants Ines Motion for Summary Judgment, Filed 12-24-09 743 - 759 5

Reply Memorandum in Support of Defendant IF A's Motion for Reconsideration, filed 9-7-10 1125 -1146 7

Reply Memorandum in Support of Integrated Financial Associates Ines Cross-Motion for Summary Judgment, Filed 12-31-09 832 - 841 5

Reply Memorandum in Support of Motion for Summary Judgment as to Knife Rivers Claims of Lien, filed 2-24-10 950 - 966 6

Rexius Forest By-Products Ines Answer to Complaint for Foreclosure, filed 10-30-08 159 - 173 1

Riverside Ines Answer to Crossclaim by Extreme Line Logistics Inc, filed 8-13-08 143 - 148 1

Riverside Ines Answer-Disclaimer to Crossclaim by Stanley Consultants Inc., filed 7-22-08 122 - 124 1

INDEX, Continued

Second Affidavit of Steve Arnold in Support of Defendant/ Counterclaimant/Crossclaimant Stanley Consultants Ines

Page No. Vol. No.

Motion for Summary Judgment, filed 12-14-09 692 - 734 5

Stanley Consultants Ines Answer to Crossclaim of Extreme Line Logistics Inc., filed 8-14-08 149 - 158 1

Stipulation for Reconsideration and Entry of Certified Judgment, Filed 9-26-12 1517- 1532 9

Stipulation to Dismiss Rexius Forest By-Products Inc Without Prejudice, filed 2-3-10 918 - 936 6

Michael 0. Roe, ISB No. 4490 Rebecca A. Rainey, ISB No. 7525 MOFFATT, THOMAS, BARRETT, ROCK&

FIELDS, CHARTERED

I 0 I South Capitol Boulevard, I 0th Floor Post Office Box 829 Boise, Idaho 83701 Telephone (208) 345-2000 Facsimile (208) 385-5384 [email protected] [email protected] 23690.0002

"ANYON COUNTY CLERK ..., I< CANNON, DEPUTY

Attorneys for Defendants Integrated Financial Associates, Inc., Geneva Equities, LLC, and Ce1iain Other Named Defendants

IN THE DISTRICT COURT OF THE THIRD JUDICIAL DISTRICT

OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF CANYON

HAP TAYLOR & SONS, INC., d/b/aKNIFE RNER, an Oregon corporation doing business as Knife River,

Plaintiff, vs.

L222-l ID SUMMERWIND, LLC, et al.,

Defendants.

HAP TAYLOR & SONS, INC. d/b/a KNIFE RNER, an Oregon corporation doing business as Knife River,

Plaintiff, vs.

L222-l ID SUMMERWIND, LLC, an Idaho limited liability company, et al.,

Defendants.

Case No. CV08-4251C, consolidated with CV08-4252C and CV08-l 1321

AFFIDAVIT OF REBECCA A. RAINEY IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT AS TO KNIFE RIVER'S LIEN FORECLOSURE CLAIIVIS

AFFIDAVIT OF REBECCA A. RAINEY IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT AS TO KNIFE RIVER'S LIEN FORECLOSURE CLAIMS - 1 Client:1453489.1

489


Plaintiff, vs.

L222-l ID SUMMERWIND, LLC, an Idaho corporation, et al.,

Defendants.

STATE OF IDAHO ) ) SS.

COUNTY OF ADA )

Rebecca A. Rainey, having been duly sworn upon oath, deposes and states as

follows:

1. Attached hereto as Exhibit 1-A is a true and conect copy of the Claim of

Lien, Instrument Number 2007071401 encumbering the real property located in Canyon County,

Idaho, more particularly described as Lots 1 and 9 in Block 2 at Summerwind at Orchard Hills

Subdivision Phase I, according to the official plats thereof, filed in Book 3 9 of Plats at Page 21,

official records of Canyon County, Idaho ("Lien No. x401").

2. Attached hereto as Exhibit 1-B is a true and correct copy of the Complaint

(without exhibits) filed on April 18, 2008, as Case No. CV 08-4115 seeking to enforce Lien No.

x401 in the amount of $4,101.62.

3. Attached hereto as Exhibit 2-A is a true and correct copy of the Claim of


Idaho, more particularly described as Lot 48 in Block 1 at Summerwind at Orchard Hills

Subdivision Phase II, according to the official plats thereof, filed in Book 39 of Plats at Page 22,


AFFIDAVIT OF REBECCA A. RAINEY IN SUPPORT OF MOTION FOR SUIVIMARY JUDGMENT AS TO KNIFE RIVER'S LIEN FORECLOSURE CLAIMS - 2

490

Client: 1453489.1


(without exhibits) filed on April 18, 2008, as Case No. CV 08-4116C seeking to enforce Lien

No. x402 in the amount of $2,050.81.








x403 in the amount of$2,050.81.





official records of Canyon County, Idaho ("Lien No. x404");





Lien, Instrument Number 2007071405 encumbe1ing the real property located in Canyon County,


AFFIDAVIT OF REBECCA A. RAINEY IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT AS TO KNIFE RIVER'S LIEN FORECLOSURE CLAIMS - 3

491

Client:1453489.1

Subdivision Phase II, according to the official plats thereof, filed in Book 39 of Plats at ,




x405 in the amount of$2,050.81.



Idaho, more particularly described as Lot 62 in Block 1 and Lot 10 in Block 4 of the

Summerwind at Orchard Hills Subdivision Phase II, according to the official plat thereof, filed in

Book 39 of Plats at page 22, official records of Canyon County, Idaho ("Lien No. x407").


(without exhibits) filed on April 21, 2008 as Case No. CV 08-4184 seeking to enforce Lien No.




Idaho, more particularly described as "All of the real property described in the recorded plat for

SummerWind at Orchard Hills Subdivision Phase II attached hereto, and fully incorporated

herein by this reference, as Exhibit 'A,' filed in Book 39 of Plats at Page 22 records of Canyon

County, Idaho, recorded on February 2, 2007, as Instrument No. 2007008406; EXCLUDING

Lots 48, 52 and 62 in Block 1 of the Subdivision and Lots 8, 10, 17 and 20 in Block 4 of the

Subdivision" ("Lien No. x408").


492 C:ient:1453489.1

14. Attached hereto as Exhibit 7-B is a true and conect copy of the Complaint



15. Attached hereto as Exhibit 8-A is a trne and correct copy of the Claim of


Idaho, more paiiicularly described as "All of the real property described in the recorded plat for

Summer Wind at Orchard Hills Subdivision Phase I attached hereto, and fully incorporated herein

by this reference, as Exhibit 'A,' filed in Book 39 of Plats at Page 21 records of Canyon County,

Idaho, recorded on February 2, 2007, as Instrument No. 2007008405; EXCLUDING Lots 1 and

9 in Block 2 of the Subdivision" ("Lien No. x409").

16. Attached hereto as Exhibit 8-B is a true and conect copy of the Complaint



Further your affiant sayeth naught.

DATED this 9th day of December, 2009.

Rebecca A. Rainey

SUBSCRIBED AND SWORN to before me this 9th day of December, 2009.

~ !12, Jdut~at--NOTARY PUBLIC FOR IDAHO Residing at fbolse/ ID My Commission Expires 5"-a-3-1 a-....


493

Client:1453489.1

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this 9th day of December, 2009, I caused a trne and correct copy of the foregoing AFFIDAVIT OF REBECCA A. RAINEY IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT AS TO KNIFE RIVER'S LIEN FORECLOSURE CLAIMS to be served by the method indicated below, and addressed to the following:

David T. Krueck TROUT JONES GLEDHILL FUHRlvIAN, P.A. 225 N. 9th St., Suite 800 P.O. Box 1097 Boise, ID 83701-1617 Fax (208) 331-1529 Attorneys for Hap Taylor & Sons, Inc. dlb/a Knife River

David E. Wishney 300 vV. Myrtle St., Suite 200 P.O. Box 837 Boise, ID 83701-0837 Facsimile (208) 342-5749 Attorneys for L222-I ID Summerwind, LLC, L222-2 ID Summerwind, LLC, L222-3 ID Summerwind, LLC, and Union Land Company, LLC, Kerry Angelos

Donald W. Lojek LOJEK LAW OFFICES, CHTD.

1199 Main St. P.O. Box 1712 Boise, ID 83701 Facsimile (208) 343-5200 Attorneys for P MA, Inc.

Richard B. Eismann EISMANN LAW OFFICES

3016 Caldwell Blvd. Nampa, ID 83651-6416 Facsimile (208) 466-4498 Attorneys for Riverside, Inc.

(X) U.S. Mail, Postage Prepaid ( ) Hand Delivered ( ) Overnight Mail ( ) Facsimile




AFFIDAVIT OF REBECCA A. RAINEY IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT AS TO KNIFE RIVER'S LIEN FORECLOSURE CLAIMS - 6 Client: 1453489.1

494

Samuel A. Diddle EBERLE BERLIN KADING TURNBOW McKL VEEN &

JONES

1111 W. Jefferson Street, Suite 530 P.O. Box 1368 Boise, ID 83701-1368 Facsimile (208) 344-8542 Attorneys for Conger Management Group, Inc.

Thomas E. Dvorak Martin C. Hendrickson Elizabeth M. Donick GIVENS PURSLEY LLP

600 W. Bannock P.O. Box 2720 Boise, ID 83701 Facsimile (208) 388-1300 Attorneys for Stanley Consultants, Inc.

William L. Smith SMITH HORRAS, P.A.

5561 N. Glenwood St., Suite B P.O. Box 140857 Boise, ID 83714 Facsimile 800-881-6219 Attorneys for Extreme Line Logistics, Inc.

David E. Kerrick 1001 Blaine St. P.O. Box 44 Caldwell, ID 83606 Facsimile (208) 459-4573 Attorneys for Michael W Benedict and Carol L. Benedict

Tom Mehiel, President VALLEY HYDRO, INC. 1904 E. Beech St. Caldwell, ID 83605

i Pro Se Defendant






Rebecca A. Rainey

AFFIDAVIT OF REBECCA A. RAINEY IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT AS TO KNIFE RIVER'S LIEN FORECLOSURE CLAIMS - 7 Client:1453489.1

495

EXHIBIT 1-A

496

#) '() ·(\ '1 !"\ l'7 1 11 t1 '4

L U U f U { 1 U 1

RE80RDED

2GUI OCT 2 5 Pr1 3 18 WILLl1\~11i H. HURST

CANY Y RECORDER

CLAIM OF LIEN 8 YR~QU~T- . .. ,

TYPE...JHf\ FE w..---i __

······~ ~vl

TO: County Recorder, County of Canyon, State of Idaho, and Victoria U. Laidlaw (Owner or Reputed Owner).

TAKE NOTICE that Hap Taylor & Sons, Inc. dba Knife River, an Oregon corporation authorized to do business in the state of Idaho under the assumed business name Knife River, the Claimant herein, claims a lien against the real property hereinafter described, for money due and owing for improvements performed, including but not limited to labor, equipment and materials, to said real property. This Claim of Lien is for the value of Claimant's materials, supplies and labor, and against the buildings being constructed on the premises, the land upon which the buildings are located and a convenient space about the same, or so much as may be required for the convenient use and occupation thereof

Said labor and/or materials or equipment was performed and!or furnished at the request of Extreme Line Logistics, Inc. dfb/a Extreme Line Construction, Inc., and performance by Claimant was ceased or completed on or about August 29, 2007.

The real property subject to the lien is located in the County of Canyon, State of Idaho, and is more particularly described as follows:

Lots 1 and 9 in Block 2 at Summerwind at Orchard Hills Subdivision Phase I, according to the ·official plat "thereof, filed in Book 39 of Plats at Page 21, official records of Canyon County, Idaho.

The name and addresses of ~he owners or reputed owners of said real property is:

Victoria U. Laidlaw 10082 W. Rhett Street Boise, Idaho 83709 . . .

The amount unpaid to Claimant, after deducting all just credits and offsets, for which this iien is claimed, iS $217,385.82, plus "interest pursuant to Claimant's contract with Extreme Line Logistics; Inc.

CLAIM OF LIEN· 1

497

. WHEREFORE, the Claimant hereby claims a lien against the above-described real property and against the improvements located thereon for the said sum of $217,385.82. Claimant also claims a lien against the real property described herein for the sum of $350.00 for reasonable. attorney's fees incurred in pr~p~ring this Claim of Lien, the sum of $9.00 for recording this Claim of Lien, and for further reasonable attorney's fees, costs a.i.+id accrning interest relating to the foreclosure of this lien.

The undersigned is knowledgeable of the matters stated herein and velily believes the same to be trne .and just. The undersigned will mail a trne and correct copy of this Claim of Lien to the owner or reputed owner by certified mail, return receipt requested, postage prepaid within five (5) business days of filing this Claim of Lien for recording with the Canyon County Recorders' office.

DATED this 25th day of October, 2007.

TROUT+ JONES+ GLEDHILL t FUHRMAN, P.A.

eek mey and Authorized Agent for

Hap Taylor & Sons, Inc. dba Knife River

CLAIM OF LIBN - 2

498

' .. ,,

VERIFICATION

STATEOFIDAHO ) ) SS.

County of Ada )

t-on this~ day of October, 2007, before me, the undersigned, a Notary Public in and for

said state, personally appeared David T. Krueck, known or identified to me to be the person whose name is subsc1ibed to the within instrument, and who, being by me first duly sworn, declared that he is the attorney and agent for Hap Taylor & Sons, Inc. dba Knife River That he signed the foregoing document as the attorney in fact for Hap Taylor & Sons, Inc., and that the statements therein contained are true and just.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the . . day and year in this certificate first above written.

---=L~-"'-\m........._____.__;:;:..,_Vlt____,,U/JA~.... _ _ NOTARY PU~G J:Q11WJ'4TE OF IDAHO Residing at: ~~ J I My Commission Expires: g La{ [dO l/

CLAJ:M OF LIEN - 3

499

EXHIBIT 1-B

500

DAVID T. KRUECK, ISB No. 6246 TROUT.+ JONES + GLEDHfLL + FUHRMAN, P.A. 225 North 9th Street, Suite 800 P.O. Box 1097 Boise, ID 83701-1617 Telephone: (208) 331-1170 Facsimile: (208) 331-1529 Email: [email protected]

Attorneys for Plaintiff

ffi THE DISTRICT COURT OF THE THIRD JUDICIAL DISTRICT


HAP TAYLOR & SONS, INC. dJb/a KNIFE ) RIVER, an Oregon corporation doing business ) as Knife River, )

' l )

Plaintiff, ) )

vs.' ) )

·VICTORIA U. LAIDLAW, an individual; ) EXTREME LINE LOGISITICS, INC. dJb/a ) EXTREME LINE CONSTRUCTION, INC., ) an Idaho corporation doing business as ) Extreme Line Construction, Inc.; DAVID A. ) HUNEMILLER, INC., an Idaho corporation; ) MATERIALS TESTING & INSPECTION, ) INC., an Idaho·corporation; PARADISE ) EXCAVATION & CONSTRUCTION, INC., ) an Idaho corporation; INTEGRATED ) FINANCIAL ASSOCIATES, INC., a.Nevada ) . corporation; DANA McDANIEL KANNE ) SEP. PROPERTYTRU/A/D 4/27/1999; ) HENRYB. SOLOWAY 1991 ) IRREVOCABLE TRUST; HENRY B. ) SOLOWAY 200.6 REVOCABLE FAMILY ) TRUST; JOHN R. GIBBS TRUST; KARIN B.) SOLOWAY TRUST DTD 4125196; KING ) PUTT'S FUN FUNDS, LLC; MILTON ) BOZANIC; STEVEN E. CLAYTON; RUTH ) D. MILLE LIVING TRUST; JON A. ) GRIFFIN SR. AND JUDY A. GRIFFIN )

Case No.C \Jt)CS ~ t-1 //fQ COMPLAINT FOR FORECLOSURE OF CLAIM OF LIEN >a...

0 ()

LU --1 -~

COMPLAlNT FOR FORECLOSURE OF CLAIM OF I;iIEN - 1 50-1

REVOCABLE TRUST; MONROE FAMILY ) TRUST; NEV ADA TRUST CO'MP ANY C/F ) DARYL AL TERWITZ, IRA; ANNETTE ) PARKER TRUST; JA KRETSCH ) FINANCIAL RETIREMENT PLAN; JASON ) PARKER; KARL! PARKER; RENE C. ) BLANCHARD TRUST DTD 2/14/73; ) CARYL J. GUTH TRUST; DAVID G. ) STIBORD.D.S. LTD. DBPP; DENNIS ) KYLE; DVS FAMILY LIMITED ) PARTNERSHIP; LIBMAN FAMILY ) TRUST; THE CATHY A. KAMNIBYER ) LIVING TRUST DTD 9/25/91; DALE ) WYNN LIVING TRUST; L YAN, LLC; ) PINNACLE HOLDING ENTERPRISES, ) LLC; ROBERT R. BELLIVEAU TRUST; ) RUTH OSHINS REVOCABLE FAMILY ) TRUST; and ALL PERSONS IN ) POSSESSION OR CLAIMING ANY RIGHT ) TO POSSESSION, )

) Defendants. )

COMES NOW the Plaintiff, Hap Taylor & Sons, Inc. doing business as Knife River

("Plaintiff' or "Knife River"), by and through its counsel of record, David T. Krueck of the firm

TROUT+ JONES. GLEDHILL. FUHRMAN, P.A., and complains and alleges as follows:

JURISDICTION AND VENUE

1. The Plaintiff is, and was at all times mentioned herein, a corporation duly

organized under the laws of the state of Oregon authorized to do business in the state of Idaho

under the assumed business names "Knife River" and "Masco, Inc."

2. The Plaintiff is, and was at all times mentioned herein, an Idaho registered

contractor pursuant to Idaho Code § 54-5204 and is in good standing.

3. The Defendant Extreme Line Logistics, Inc. ("Extreme Line") is, and was at all

times mentioned herein, a corporation duly organized under the laws of the state of Idaho

COMPLAINT FOR FORECLOSURE OF CLAIM OF LIEN~ 2

502

authorized to do business in the state of Idaho under the assumed business name "Extreme Line

Construction, Inc:."

4. The Defendant David A. HUn.emiller, Inc. ("Hunemiller') is, and was at all times

mentioned herein, a corporation duly organized under the laws of the state of Idaho. Hunemiller

caused a Claim of Lien to be recorded against the Property described in paragraph 7 below on

December 21, 2007 as Instrument No. 2007082261, records of Canyon County, Idaho, in the

amount of $30,943.75.

5. The. Defendant Materials Testing & Inspection, Irie. ("MTI") is, and was at all

times mentioned herein, a corporation duly orgapized under the laws of the state of Idaho. MTI


February 26, 2008 as Instrument No. 2008.010009, records- of Canyon County, Idaho, in the

amount of $3,975.02.

6. The Defendant Paradise Excavation & Construction, Inc. ("Paradise Excavation")

is, and was at all times mentioned herein, a corporation duly organized under the laws of the

state of Idaho. Paradise Excavation paused a Claim of Lien to be recorded against the Property

described in paragraph 7 below on November 27; 2007 as Instrument No. 2007077408, records

of Canyon County, Idaho, in the amount of $15,100.00.

7. The Defendant Victoria U. Lrudlaw ("Laidlaw") is an individual who resides in

the state of Idaho, and is the owner or reputed. owner of the real property ("Property''), and

improvements thereon, described as follows:

Lots 1 and 9 in Block 2 of the Summerwind at Orchard Hills Subdivision Phase I, according to the official plat thereof, filed in Book 39 of Plats at page 21, official records of Canyon.County, Idaho.

8. The Defendant Integrated Financial Associates, Inc. ("Integrated Financial") is,

and was at all times mentioned herein, a corporation duly organized under the laws of the state of

COMPLAINT FOR FORECLOSURE OF CLAIM OF LIEN - 3

503

Nevada. Integrated Financial is identified as the Mortgagee to a mortgage.recorded against the

Property on December 22, 2006 as Instrument No. 2006100908, records of Canyon County,

Idaho, to secure i~debtedness in the amount of $4,000,000.00.

9. The Defendants DANA McDANIEL KANNE SEP. PROPERTY TR U/A!D

4/27/1999; HENRY B. SOLOWAY 1991 IRREVOCABLE TRUST; HENRY B. SOLOWAY

2006 REVOCABLE FAMILY TRUST; JOHN R. GIBBS TRUST; KARIN B. SOLOWAY

TRUST DID 4/25/96; KING FUTrs FUN FUNDS, LLC; MILTON BOZANIC; STEVEN E.

CLAYTON; RUTH D. MILLE LIVING TRUST; JON A. GRIFFIN SR. AND JUDY A.

GRIFFIN REVOCABLE TRUST; MONROE FAMILY TRUST; NEV ADA TRUST

COMPANY C/F DARYL ALTERWITZ, IRA; ANNETTE PARKER TRUST; JA K.RETSCH

FINANCIAL RETIREMENT PLAN; JASON PARKER; KARLI PARKER; RENE C.

BLANCHARD TRUST DTD 2114173; CARYL J. GUTH TRUST; DAVID G. STIBOR D.D.S.

LTD. DBPP; DENNIS KYLE; DVS FAMILY LIMITED PARTNERSHIP; LIBMAN FAMILY

TRUST; THE CATHY A. KAMMEYER LIVING TRUST DTD 9/25/91; DALE WYNN

LIVING TRUST; L YAN, LLC; PINNACLE HOLDING ENTERPRISES, LLC; ROBERT R.

BELLNEAU TRUST; RUTH OSHINS REVOCABLE FAMILY TRUST (collectively referred

to hereinafter as "Assignees") may claim a secured interest in the Property by way of

assignments from Integrated Financial to fractional interests in the Deed of Trust described in

paragraph 7 above through Assignment instruments recorded on: (1) March . 8, 2007 as

Instrument No. 2007016269, records of Canyon County, Idaho; (2) March 8, 2007 as Instrument

No. 2007016270, records of Canyon County, Idaho; (3) March 8, 2007, as Instrument No.

2007016271, records of Canyon County, Idaho; {4} March 8, 2007, as Instrument No.

2007016272, records of Canyon County, Idaho; (5)' March 8, 2007 as Instrument No.

200716273, records of Canyon County, Idaho; (6) March 8, 2007 as Instrument No. 200716274,

COMPLAINT FO:R FORECLOSURE OF CLAIM OF LIEN ~ 4

504

records of Canyon County, Idaho; (7) March 16, 2007 as Instrument No. 2007018395, records of

Canyon County, Idaho; and March 27, 2007 as Instrument No. 2007021352, records of Canyon

County, Idaho. . The fractional interests each of the respective Assignees may claim in the

Property are set forth and described in Section 11 of Schedule B of the Litigation Guarantee

described in paragraph 12 below and attached hereto as Exhibit 'B.'

10. On October 25, 2007, the Plaintiff caused a Claim of Lien t.o be recorded against

the Property as· Instrument No. 2007071401, records of Canyon County, Idaho, in the amount of

$217,862.$2. A. true and correct copy of the Claim of Lien is attached hereto as Exhibit 'A,' and

is fully incorporated herein by this reference.

11. The Plaintiff incurred recording costs in the amount of $9 .00 to record its Claim

of Lien.

12. 1fie Plaintiff incurred reasonable and necessary costs in obtaining a Litigation

Guarantee from First American Title ComP.anY for the Property in the amount of $200.00. A

true and correct copy of the Litigation Guarantee is attached hereto as Exhibit 'B,' and is fully

incorporated herein by this reference ..

13. J\ll acts complained of herein took place in Canyon County, Idaho.

14. This Court has jurisdiction over the parties and the Property, and venue is proper

in Canyon County, Idaho.

COUNT ONE

Lien Foreclosure Claim Against Hunemiller, MTI, Paradise Excavation, Laidlaw,

Integrated Financial and Assignees

15. Plaintiff hereby incorporates by referen9e paragraphs 1 through 14 above, as

though fully set forth herein.

COMPLAINT FOR FORECLOSURE OF CLAIM OF LIEN ~ 5

505

16. The Plaintiff entered into a contract with Extreme Line to provide labor, materials

and equipment used in the construction or improvement of the Pr6pe1iy.

17. In accordance with the terms of said contract, the Plaintiff provided said labor,

materials and equipment to the Property, and said labor, materials and equipment were used and

installed in and about the Property.

18. The whole of the Property is required for the convenient use and occupancy of th~~

improvements situated thereon.

19. In. accordance with the terms of said contract, the Plaintiff furnished the labor,

materials and equipment used in the construction of the Property between approximately August

22, 2006 and August 29, 2007.

20. Knife River has not been fully compensated for the labor, materials and

equipment provided in the construction of the Property.

21. On October 25, 2007, the Plaintiff, pursuant to Idaho law, recorded its Claim of

Lien for labor, materials and equipment furnished.to the Property.

22. On October 26, 2007, the Plaintiff caused a copy of the Claim of Lien to be sent

to Status Homes arid its registered agent by certified mail; return receipt requested.

23. Tl:).e Plaintiff recorded its Claim of Lien within ninety (90) days from the time it

ceased or completed providing labor, materials and equipment to the Property.

24. The Plaintiff claims an interest in and to the Property pursuant to its Claim of

Lien, and any right, title, claim or interest of the Defendants Hunemiller, MTI, Paradise

Excavation, Laidlaw, Integrated Financial and Assignees (or any other interested party or person

in and to the. subject property, as such right, title, claim or interest exists) is junior and

subservient to the interest of the Plaintiff in the Property.


506

25. The Plaintiff is entitled to a decree allowing the foreclosure of its interest against

the Property in the amount of $4,101.62, plus attorney's fees, costs and interest, and/or a

determination of the respective rights of the parties herein and any others who claim an interest

in the Property.

26. Plaintiff has been damaged in an amount to be determined at trial, but not less

than the jurisdictional minimum required by this Court, plus interest thereon: at the maximum

rate allowed by law.

COUNT TWO

Breach of Contract Claim Against Extreme Line

27. Plaintiff hereby incorporates by reference paragraphs 1 through 26 above, as


28. The Plaintiff and Extreme Line entered into a binding contract, whereby the

Plaintiff agreed to perform certain work for Extreme Line on the Property.

29. Pursuant to the terms of the contract betWeen the parties, Extreme Line agreed to

fully compensate the Plaintiff for the labor and equipment provided by the Plaintiff to the

Property.

30. The Plaintiff performed all of its obligations under the terms of the Plaintiff's

contract with Extreme Line.

31. The Plaintiff is entitled to enforce the terms of the contract with Extreme Line.

32. The Plaintiff has been damaged by Extreme Line's breach of contract in an

amount to be deterr:nined at trial, but not less than the jurisdictional minimum required by this

court, plus interest thereon at the maximum rate allowed by law.

COUNT THREE

Unjust Enrichment Claim Against Extreme Line

COMPLAlNT FOR. FORECLOSURE OF CLAIM OF LIEN - 7 507

33. The Plaintiff re-alleges paragraphs 1 through 32 above, as though fully set forth

herein.

34. The Plaintiff conferred a benefit upon Extreme Line through the construction

work the Plaintiff performed at the Plaintiff's expense.

35. Extreme Line appreciated the benefits conferred upon it by the Plaintiff to the

Plaintiffs detriment".

36. Extreme Line has accepted and retained the benefits conferred upon it by the

Plaintiff under such circumstances as to inake it inequitable for Extreme Line to retain such

benefits without the payment of.the value of such benefits to the Plaintiff.

37. Extreme Line has been unjustly enriched in an amount to be determined at trial,

but notless than the jurisdictional minimum required by this court, plus interest thereon at the

maximum rate allowed by law.

ATTORNEY'S FEES AND COSTS



39. Pursuant to Idaho Code§§ 12-120, 12~121 and 45-513, and Rule 54 of the Idaho

Rules of Civil Procedure, the Plaintiff is entitled to recover reasonable attorney's fees and costs

for the prosecution of this action. The Pl?.ihtiff has retained the Jirm of TROUT + JONES +

GLEDHILL+ FUHRMAN, P.A. to prosecute this action. The sum of Two Thousand Five Doliars

($2,500.00) is a reasonable attorney's fee for the prosecution of this action if it is uncontested.

40. In addition to recovery of the Plaintiffs attorney's fees and. costs, the Plaintiff is

entitled to prejudgment interest.

COMPLAINT FOR FORECLOSURE OF CLAlM OF LIEN~ 8

508

PRAYER FOR RELIEF

WHEREFORE, the Plaintiff prays for entry of an order and judgment against the

Defendants as follows:

1. That the Court enter an order declaring that the Plaintiff has a valid lien against

the Property in the amount of $4, 101.62, plus interest and attorney's fees;

2. That the Court d_eclare that the Defendants · Hunemiller, MTI, Paradise

Excavation, Laidlaw, Integrated Financial, and Assignees (or any other interested party or person

in and to the subject prope1iy, as such right, title, claim or int((rest exists), have only such claim

of interest in the Property as is subordinate, junior and inferior to the Plaintiffs lien;

3. That the Property, and all improvements, structures and appurtenances thereon, be

sold according to law, and that the proceeds ofsuch sale be applied to satisfy the Plaintiff's claim

and total judgment;

4. In the event the proceeds from the sale of the Property are insufficient to satisfy

the amounts due to the Plaintiff (together with th~ costs of sale and other proper charges), the

Plaintiff have a judgment against the Defendant Extreme Line for such deficiency, together with

interest thereon at the highest legal rate allowed until paid in full;

5. For the Court to enter its decr_ee for the sale of the Property by the Canyon County

Sheriff, and th~t the proceeds of such sale be applied to all payments due and owing to the

Plaintiff;

6. For entry of a Judgment against Defendant Extreme Line awarding damages to

the Plaintiff for Extreme Line's breach of contract;


509

7. For an award of reasonable attorney's fees and costs, including the costs for

recording and preparing the Plaintiffs Claim of Lien; and

. 8. For such other and further relief as the Court may deem proper in these premises.

DATED this Ji!;;.y of April, 2008.

LEDHILL t FUHRi\tlAN, P.A.

By:

COMPLAlNT FOR FORECLOSURE OF CLAIM OF LIEN~ 10

510

EXHIBIT 2-A

511

2007071~02

RECORDED

2007 OCT 25 PPl 3 18 WILLIAM H. HUHST

CAN'tiltffY HECOROER

CLAIM OF LIEN RY REQU . t-U\ll:+~£· QldQ-Jv TYPf: ~r 00 FEE. ~ - :

TO: County Recorder, County of Canyon, State ofldaho, and Gerald A. Aebischer and Sharon R. Aebischer, husband and wife (Owners or Reputed Owners).

TAKE NOTICE that Hap Taylor & Sons, Inc. dba Knife River, an Oregon.corporation authorized to do business in the state of Idaho under the assumed business name Knife River, the Claimant herein, claims a lien against the real property hereinafter described, for money due and owing for improvements performed, including but not limited to labor) equipment and materials~ to said real property. This Claim of Lien is for the value of Claimant's materials, supplies and

. labor, and against the buildings being constructed on the premises, the land upon which the buildings are located and a convenient space about the same, or so much ?IS may be required for the convenient use and occupation tliereof.

Said labor and/or materials or equipment was performed and/or furnished at the request of Extreme Line Logistics, Inc. d/b/a Extreme Line Construction, Inc., and performance by Claimant was ceased or completed on or about August 29, 2007. ·

The real property subject to the lien is located in the County of Canyon, State of Idaho, and is more particularly described as follow~:

Lot 48 in Block 1 at Summe11Vind at Orchard Hills Subdivision Phase II, according to the official plat thereof, filed in Book 39 of Plats at Page 22, official records of Canyon County, Idaho.

The name and addresses of the owners or reputed owners of said real property is:

Geral4 and Sharoti Aebischer i 7720 Plum Road · Caldwell) Idaho 83607

The amount unpaid to Clairµant, after deducting all just credits and offsets, for which this lien is claimed, is $217,385.82, plus interest pursuant to Claimant's contract with Extreme Line Logistics, Inc.

WHEREFORE, the Claimant hereby claims a lien . against the above-described real property and against the improvements located thereon for the said sum of $217,385.82. Claimant also claims a lien against the real property described herein for the sum of $350.00 for reasonable attorney's fees incurred. in preparing this Claim of Lien, the sum of $9.00 for recording this Claim of Lien, and for further reasonable attorney's fees, costs and accruing. interest relating to the foreclosure of tlris Hen.

The undersigned is knowledgeable of the matters stated herein and verily believes the same to be true and just. The iµidersigned will mail a true and correct copy of tlris Claim of Lien · to the owner or reputed owner by certified mail, return receipt requested, postage prepaid within five (5) business days of filing this Claim of Lien for recording with the Canyon County Recorders' office.


TROUT t JONES+ GLEDHILL t FUHRMAN, P.A.

T. Krueck Attorney and Authorized Agent for Hap Taylor & Sons, Inc. dba Knife River

VERIFICATION


County of Ada )

On this%~ of October, 2007, before me, the undersigned, a Notary Public in and for said state, personally appeared David T. Krueck, known or identified to me to be the person whose name is subscribed to the within instrument, and 'who, being by me first duly sworn, declared that he is the attorney and agent for Hap Taylor & Sons, Inc. dba Knife River That he signed the foregoing document as the attorney in fact for Hap Taylor & Sons, Inc., and that the statements therein contained are true and just.

IN WITNESS WHEREOF, I have hei:eunto set ~y hand and affixed my official seal the day and year in this certificate first above Written.

NOTARY PUBLIC FOR STATE OF IDAHO Residing at: Meridian, Idaho·

/

l My.Commission Expires: "t'a I d-Ol\

EXHIBIT 2-B

515

DAVID T. K.RUECK, ISB No. 6246 TROUT+ JONES+ GLEDHILL t FUHRMAN, P.A. 225 North 9th Street, Suite 800 P.O. Box 10Q7 Boise, ID 83701-1617 Telephone: (208) 331-1170. Facsimile: (208) 331-1529 Email: [email protected]

. .


_F _I wA.~_,Jf~M. APR 1 8 2008

CANYON COUNTY CLERK J DRAKE, DEPUTY


OF.TI-IE STATE OF IDAHO, IN AND FOR THE COUNTY OF CANYON

HAP TAYLOR & SONS, INC. d/b/a KNIFE ) RIVER, an Oregon corporation doing business) as Knife River, ) Case No. C:____,V 0 Si - Lf I! ~

) Plaintiff, )

) COMPLAINT FOR FORECLOSURE vs. ) OF CLAIM OF LIEN

) GERALD A. ABBISCHER and SHARON R. ) AEBISCHER, husband and wife; EXTREME ) LINE LOGISITICS; INC. d/b/a EXTREME ) LINE CONSTRUCTION, INC., an Idaho ) corporation doing business as Extreme Line ) Construction, Inc.; DAVID·A. ) HUNEMILLER, INC., an Idaho corporation; )

· MATERIALS TESTING & INSPECTION,' . ) INC., an Idaho corporation; INTEGRATED ) FINANCIAL ASSOCIATES, INC., a Nevada ) . corpor~tion; DANA McDANIEL KANNE ) SEP. PROPERTY TR U/A/D 4/27/1999; ) HENRY B. SO~OWAY 1991 ) IRREVOCABLE.TRUST; HENRY B. ) SOLOWAY 2006 REVOCABLE FAMILY ) TRUST; JOHN R. GIBBS TRUST; KARIN B.) SOLOWAY TRUST DTD 4/25/96; KING ) FUTT' S FUN FUNDS, LLC; MILTON ) BOZANXC; STEVEN E. CLAYTON; RUTH ) D. MILLE LIVING TRUST; JON A. ) GRIFFIN SR. AND JUDY A. GRIFFIN ) REVOCABLE.TRUST; MONROE FAMILY )

COMPLAINT FOR FORECLOSURE OF C1:iAIM ~ii:reEN - 1

>-0-0 0 UJ _J -LL

TRUST; NEV ADA TRUST CO:MP ANY C/F ) DARYL ALTERWITZ, IRA; ANNETTE . ). PARKER TRUST; JA KRETSCH · ) FINANCIAL RETIREMENT PLAN; JASON ) PARKER; KAR.LIP ARK.ER; RENE C. ) BLANCFIARD TRUST DTD 2/14/73; ) CARYLJ. GUTH TRUST; DAVID G. ) STIBOR D.D.S. LTD. DBPP; DENNIS ) KYLE; :QVS FAMILY LIMITED ) PARTNERSHIP·; LIBMAN FAMILY ) TRUST; THE CATHY A. KAMMEYER ) LIVING TRUST DTD 9/25/91; DALE ) WYNN LIVING TRUST; LYAN, LLC; ) PINNACLE HOLDING ENTERPRISES, ) LLC; ROBERT R. BELLIVEAU TRUST; ) RUTH OSHINS REVOCABLE FAMILY ) TRUST; and ALL PERSONS IN ) POSSESSION OR CLAIMING ANY RIGHT ) TO POSSESSION, )

. ) Defendants. )


("Plaintiff' or ''Knife River"), by and through its coun~el of record, David T. Krueck of the finn

TROUT. JONES t GLEDHILL+ FUHRMAN, P.A., and complains and alleges as follows:




under j:he assumed business names "Knife River" and "Masco, Inc."


contract.or pursuant to Idaho Code § 54-5204 and is in good standing.



COMPLAINT FOR FORECLOSURE OF CLAIM ~~1jEN - 2


Construction, Inc."

4. The Defendant David A. Hunemiller, Inc. ("Hunemiller") is, and was at all times



December 21, 20.07 as Instrument No. 2007082261, records of Canyon Coilnty, Idaho, in the

amount of$30,943.75.

5. The Pefendant Materials Testing & Inspection, Inc. ("MTI") is, and was at all

times mentioned herein, a corporation duly organized under the laws of the state of Idaho. MTI

caused a Claim of Lien to be recorded against. the Property described jn paragraph 6 below on

February 26, 2008 as Instrument No. 2008010009, records of Canyon County, Idaho, in the ' . ' '

amount of$3:.975.02.

6. The Defendants Gerald A. Aebischer and Sharon R. Aebischer ("Aebischer") are

individuals ;,yho reside in the state of Idaho, a11d are the owners or reputed owners of the real

property ("Property''), and improvements thereon, described as follows:

Lot 48 in Blo~k 1 of the Summerwind at Orchard Hills Subdivision Phase II, according to the official plat thereof, filed in Book 39 of Plats at page 22, official records of Canyon County, Idaho.

7. TI1e ·Defendant Integrated Financial Associates,· Inc. ("Integrated Financial") is,


Nevada. Integrated Financial is identified as the Mortgagee to a mortgage recorded against the

Property on December 22, 2006 as Instrument No. 2006100908, records of Canyon COlmty,

Idaho, to secure indebtednes.s in the amount of $4,000,000.00.

8. The Defendants DANA McDANIEL KANNE SEP. PROPERTY TR U/A/D

4/27/1999; HENRY B. SOLOWAY. 1991 IRREVOCABLE TRUST; HENRY B. SOLOWAY

COMPLAINT FOR FORECLOSURE OF CLAilVl"cg f1_fN - 3

200(5 REVOCABLE FAMILY TRUST; JOHN R. GIBBS TRUST; KARIN B. SOLOWAY

TRUST DTD 4125196; KING PUTT'S FUN FUNDS, LLC; MILTON BOZAi'JIC; STEVEN E.

CLAYTON; RUTH D. MILLE LIVING TRUST; JON A .. GRIFFIN SR. At'ID JUDY A.

GRIFFIN REVOCABLE TRUST; MONROE FAMILY TRUST; NEV ADA TRUST

COMP ANY C/F DARYL ALTER WITZ, IRA; ANNETTE PARKER TRUST; JA KRETSCH . .

FINANCIAL RETIREMENT PLAN; JASON PARKER; KARLI. PARKER; .RENE C.


LTD. DBPP; DENNIS KYLE; DYS FAMILY LIMITED PARTNERSHIP; LIBMAN FAMILY

TRUST; THE CATHY A. KAMMEYER LIVING TRUST DTD 9125191; DALE WYNN

LIVING TRUST; LYAN, LLC; PINNACLE HOLDING ENTERPRISES, LLC; ROBERT _R.

BELLIVEAU TRUST; RUTH OSHINS REVOCABLE FAMILY TRUST (collectively referred

to hereinafter as "Assignees") may claim a secured interest in the Propeity by way of


paragraph 7 above through Assignment instruments recorded on: (1) March 8, 2007 as


No; 2007016270, records of Canyon Coun~y, Idaho; (3) M·arch 8, 2007, as Instrument No.

2007016271, records of Canyon County, Idaho;· (4) March 8, 2007, as Instrument No.

2007016272, records of Canyon COlmty, Idaho; (5) March 8, 2007 as Instrument No.·




County, Idaho. The fractional interests each of the respective Assignees may claim in the



COMPLAINT FOR FORECLOSURE OF CLAIM~ t~N - 4

· 9. On October 25, 2007, the Plaintiff caused a Claim of Lien to be recorded against

the Property as Instrument No. 2007071402; records of Canyon County, Idaho, in the amount of

$217,862,32. A true and correct copy of the Claim of Lien is attached hereto as Exhibit 'A,' and

is fully incorporated herein by this reference. . .

10. The Plaintiff incurred recording costs in the amount of $9 .00 to record its Claim

of Lien.

11. The Plaintiff incurred reasonable and necessary costs in obtaining a Litigation

Guarantee from First American Title Company for the Property !n the amount of $200.00. A


incorporated herein by this reference.

12. All acts complained of herein took place in Canyon County, Idaho.



COUNT ONE

Lien Foreclosure Claim Against Hunemiller, MTI, Aebischer, Integrated Financial and

Assignees



15. The .. Plaintiff entered into a contract with Extreme Line to provide labor) materials

and equipment :used in the construction or improvement of the Property.

· 16. Ip accordance with the terms of said contract, the Plaintiff provided said labor,

. materials and equipment to the Property, and-:said labor, materials and equipment were used and


COMPLAINT FOR FORECLOSURE OF CLAnvi <g'tlfN ~ 5

17. The whole of the Pr.op.erty is required for the convenient use and occupancy of the


18. In aceordance with the tenns of said contract, the Plaintiff furnished the labor,

materials and equipment used in the construction of the Property between approxin1ate1y August

22, 2006 and August 29, 2007.




Lien for labor, materials and equipment furnished to the Property.


to Status Homes and its registered agent by certified mail, return receipt requested.

22. The Plaintiff recorded its Claim of Lien within ninety (90) days from the time it


23. The Plaintiff claims an intere$t in. and to the Property pursuant to its Claim of

Lien, and any right, title, claim or interest of the Defendants Hunemiller, MTI, Aebischer, . ' . .

Integrated Financial· and Assignees (or any other in.terested party or person in and to the subject

property, as such right, title, claim or interest.exists) is junior and subservient to the interest of

the Plaintiff in the Property .

. 24. The Plaintiff i.s entitled to a decree allowing the foreclosure of its interest against


determination of the respective rights of the parties herein and any others who claim an interest

in the Property.

COMPLAINT FOR FORECLOSURE OF CLAIM WtiEN -6

25. Pl.aintiff has been damaged i!l.an amount to be determined at trial, but not less

than the jurisdictional minimum required by this Court, plus interest thereon at the maximum


COUNT TWO

Breach of Contract C~aim Against Extreme Line

26. Plaintiff hereby incorporates by reference paragraphs 1 through. 25 above, as


27. The Pli:i-intiff and. Extreme Line entered into a binding contract, whereby the ·


28. Pursuant to. the terms of the contract between the parties, Extreme Line agreed to

fully compensat~ the Plaintiff for the labor ()nd equipment provided by the Plaintiff to the

Property.

29. The Plaintiff performed all of its obligations under the terms of the Plaintiff's·


30. The Plaintiff is entitled to enforce the terms of the contract with Extreme Line:

31. The Plaintiff has been damaged by Extreme Line's breach of contract i:p an

amount to be detennined at trial, but not less than the jurisdictional minimum required by this

court, plus· interest thereon at the maximum rate allowed by law.

COUNT THREE



herein.

33. The Plaintiff confened a benefit upon Extreme Line through the construction

work the Plaintiff performed at the Plaintiffs expense.

COMPLAINT FOR FORECLOSURE OF CLAJM cg z~N -7 .

34. Extreme Line appreciated· the benefits conf~rred upon it by the Plaintiff to the

Plaintiffs detriment.


Plaintiff under such circumstances as to make it i~equitable for Extreme Line to retain such

benefits without the payment of the value of such benefits to the Plaintiff.

36. Extreme Line has been unjustly eiui.ched in an amount to be determined at trial,

but not less than the jurisdictional minimum required by this court, plus interest thereon at the

maximum rate allowed by law:




38. · Pursuant to Idaho Code§§ 12-120, 12-121 and 45-513, and Rule 54 of the Idaho


for the prosecution., of this action. The Plaintiff has retained the firm of TROUT • JONES +

GLEDHILL • FUH_RMAN, P.A. to prosecute this action. The sum of Two Thousand Five Dollars '

($2,500:00) is a reasonable attorney's fee for.the prosecution of this action if it is uncontested.

3 9. In addit~on to recovery of the Plaintiffs attorney's fees and costs, the Plaintiff is

entitled to preJudgment interest.

PRAYER FOR RELIEF


Defendants·as follows:


the Property in the amount of $2,050.81, plus interest and attorney's fees;

COMPLAINT FOR FORECLOSURE OF CLAIM g~~EN -8

2. That. the Court declare that the Defendants Hunemiller, MTI, Aebischer,

Integrated Financial and Assignees (or any other interesteo party or person in and to the subject

property, as such right, title, claim or interest exists), have. only such claim of interest in the

Property as is svbordinate, junior and inferior to the Plaintiffs lien;

3. That the Property, and all improvements, structures and appurienances thereon, be

sold according to law, and that the proceeds of such sale be applied to satisfy the Plaintiff's claim

and total judgment;

4. In the event the proceeds from the sale of the Property are insufficient to .satisfy

the amounts due to the Plaintiff (together with the costs of sale and other proper charges), the


interest thereon at the highest legal rate alfowed until paid in full;

5. For the Court to enter its decree for the sale of the Property by the Canyon County

Sheriff, and that the proceeds of such sale be applied to all payments due and owing to the

Plaintiff;

6. For entry of a Judgment against Defendant Extreme Line awarding dcmages to

the Plaintiff for ;Extreme Line's breach of contract;

7. For an award of reasonable attorney's fees and costs, including_ the costs for

recording and preparing the Plaintiff's Claim of Lien; and

8. For such other and further relief as the Court may deem proper in these premises. ·

DATED this ;l;;,y of April, 2008. . . . .

TROUT +'JONES+ GLEDHILL+ FUHRMAN, P.A.

COMPLAINT FOR FORECLOSURE OF CLAlM cg tam ~ 9

EXHIBIT 3-

525

07071YD3

RECORDED

. £D07 OGT 25 PPl 3 18

CLAIM OF LIEN

TO: Com1ty Recorder, CoU11ty of Canyon, State of Idaho, and Donald E, Youngblood and EmmaJeanne Youngblood, Trustees under the Youngblood Living Trust dated November 1, 1999 (Owners or Reputed Owners).

TAKE.NOTICE that Hap Taylor & Sons~ Inc. dba·Knifo River, an Oregon corporation authorized to do business in the state of Idaho under the assumed business name Knife River, the Claimant herein, claims a lien against the real property hereinafter described, for money due and owing for improvements performed, including but not limited to labor, equipment and materials, to said real ·property. This Claim of Lien is for the value of Claimant's materials, supplies and labor, and against the buildings being constructed on the premises, the land upon which the buildings are located and a convenient space about the same, or so much as may be required for the convenient use and occupation thereof.

Said labor and/or materials or equipment was,.performed and/or furnished at the request of Extreme Line Logistics, Inc. d/b/a Extreme Line Construction, Inc., and performance by Claimant was ceased or completed on or about August 29, 2007.

The real property subject to the lien is located in ·the County of Canyon, State of Idaho, and is more.particularly described as follows:

Lot 52 in Block 1 at Summerwind at Orchard Hills Subdivision Phase II, according to the official plat thereof, filed in Book 39 of Plats at Page 22, official records of Canyon County, Idaho.

The hame and addresses of the ownyrs or reputed owners of said real property is:

Donald and EmmaJeaiine Youngblood Y oungblot;>d Living Trust Post Office Box 20250 Keizer, Oklahoma 97307

The amount unpaid to Claimant, after dedqcting all just credits and offsets, for which this lien is claimed, is $217,385.82, plus int_erest pursuant to Claimant's contract with Extreme Line Logis~ics; Inc. · · '

WHEREFORE, the Claimant hereby claims a Hen against the above-described real property and against the improvements located thereon for the said sum of $217,385.82. Claimant also claims a lien against the real property described herein for the sum of $350.00 for reasonable attorney's fees incurred in preparing this Claim of Lien, the sum of $9.00 for recording this .Claim of Lien, and for further reasonable attorney's fees, costs and accruing interest relating to the foreclosure of this lien.

· The undersigned is knowledgeable of the matters stated herein and verily believes the same to he true and just. The undersigned will mail a true and correct copy of this Claim of Lieti to the owner or reputed owner by certified mail, return receipt requested, postage prepaid within five (5) business days of filing this Clairn of Lien for recording with the Canyon County Recorders' office.


TROUT+ JONES+ GLEDHILL t FUHRMAN, P.A;

. Kruec Attorney and Authorized Agent for Hap Taylo:r & Sons, Inc. dba Knife River

CLAI~IEN-2

VERIFICATION


County of Ada )

On this~of October, 2007, b.efore me, the undersigned, a Notary Public in and for said state, personally appeared David T. Krueck, known or identified to me to be the person whose name is subscribed to the within instrument~ and who, being by me first duly sworn, declared that he is the attorney and agent for Hap Taylor & Sons, Inc. dba Knife River That he signed the foregoing document as the attorney in fact for Hap Taylor & Sons, Inc., and that the statements therein contained are true and just. .

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written.

NOTARY PUBLIC FOR STATE OF IDAHO Residing at: Meridian, Idaho l J

·r\1-y Commission Expires: · cg~ld011

DAVID T. KR.DECK, ISB No. 6246 TROUT+ JONES t GLEDHILL+ FuHRMAN, P.A. 225 North 9th Street, Suite 800 · P.O. Box 1097 Boise, ID 83701-1617 Telephone: (208) 331-1170 Facsimile: (208) 331-1529 Email: [email protected] . .


F I A.k~l?M APR 2 1 2008

CANYON COUNTY CLERK c. DOCKINS, DEPUTY



HAP TAYLOR & SONS, INC. d/b/aKNIFE ) RIVER, an Oregon corporation doing business) as Knife River, ) ·

Plaintiff,

VS,

) )· ) ) )

DONALD E. YOUNGBLOOD and EMMA . ) JEANNE YOUNGBLOOD; EXTREME LINE) LOGISITICS, INC. d/b/a EXTREME LINE ) CONSTRUCTION~ INC., an Idaho ) corporation doing business as Extreme Line ) Construction, Inc.; DAVID A. ) HUNEMILLER, INC., an Idaho corporation; ) MATERIALS.TESTING &INSPECTION, ) INC., an Idaho corporation; INTEGRATED ) FINANCIAL ASSOCIATES, INC., a Nevada ) cqrporation; DANA McDANIEL KANNE ) SEP. PROPERTY TR U/A/D 4/27/1999; ) HENRYB. SOLOWAY 1991 ) IRREVOCABLE TRUST; HENRY B. ) SOLOWAY 2006 REVOCABLE FAMILY )

· TRUST; JOHN R. GIBB·s TRUST; KARIN B.) SOLOWAY TRUST DTD 4/25/96; KING ) PUTT'S FUN FUNDS, LLC; MILTON ) J:30ZANIC; STEVEN E. CLAYTON; RUTH ) D. MILLE LIVING TRUST; JON A. ) GRIFFIN SR. AND JUDY A. GRIFFIN ) REVOCABLE TRUST; MONROE FAMILY )

COMPLAINT FOR FORECLOSURE. OF CLAIM OF LIEN

JUDGE' GORDON W. PETRIE

COMPLAINT FOR FORECLOSURE OF CLAIM 8~ lJ1EN - 1

TRUST; NEV ADA TRUST COMP ANY C/F ) DARYL_ALTERWITZ, IRA; ANNETTE ) PARK.ER TRUST; JA KRETSCH , ) FINANCIAL RETIREMENT PLAN; JASON ) PARK.ER; KARLI PARKER; RENE C. ) BLANCHARD TRUST DTD 2/14/73; ) CARYL J. GUTH TRUST; DAVID G. ) STIBOR D.D.S. LTD. DBPP; DENNIS ) KYLE; DVS FA,MILY LIMITED ) P AR1NERSHIP; LIBMAN FAMILY ) TRUST; THE CATHY A. KAMMEYER ) LIVING TRUST DTD 9/25/91; DALE ) WYNN LIVING TRUST; LYAN, LLC; ) PINNACLE HOLDING ENTERPRISES, . · ) LLC; ROBERT R. BELLIVEAU TRUST; ) RUTH OSHINS REVOCABLE FAMILY ) TRUST; and ALL PERSONS IN ) POSSESSION OR CLAIMING ANY RIGHT ) TO POSSESSION, )

Defendants.

COMES NOW the Plaintiff, Hap Taylor & Sons,. Inc. doing business as Knife River

("Plaintiff' or "Knife River''), by and through its counsel of record, David T. Krueck of the firm

TROUT. JONES+ GLEDHILL+ FUHRMAN, P.A., and complains and alleges as follows:


1. The Plaintiff is, and was at all times mentiOned herein, a corporation duly


under the assumed business nan1es "Knife River" and "Masco, Inc."





COMPLAINT FOR FORECLOSURE OF CLAIM ·~:f1EN -2

authorized to do business· in the state of Idaho under the assumed business name "Extreme Line

Construction, Inc."

4. The Defendant David A. Hunemiller, Inc. ("Hunemiller") is, and was at all times




amount of$30,943.75.

5. Tue Pefendant Materials Testi.q.g & Inspection, Inc, ("MTI'i) is, and was at all


caused a Claim of Lien to be recorded a~ainst the Property described in paragraph 6 below on

February 26, 2008 as Instrument No. 2008010009, records of Canyon County, Idaho, in the

amount of$3,975.02 ..

6. The Defendants Donald E. Youngblood and Emma Jeanne Youngblood

("Youngblood") are Trustees for the Youngblood Living Trust dated November 1, 1999 and are

individuals who reside in the state of Oklahoma. The Youngblood Living Trust is the owner or

reputed owner of the real property ("Property"), and improvements thereon, described as

follows:

Lot 52 in Block 1 of the Summerwind at Orchard Hills Subdivision Phase II, according to the official plat thereof, filed in Book 39 of Plats at page 22, official records of Canyon County, Idaho.



Nevada. Integrated Financial is identified as the Mortgagee to a mo1tgage recorded against the


Idaho, to secure indebtedness in the amount of $4,000,000.00. Integrated Financial is also

COMPLAINT FOR FORECLOSURE OF CLAIM ~~N - 3

identified as the Mortgagee .to a mortgage recorded against the Property on May 25, 2007 as

Instrument No. 2007036527, records of .Canyon County, Idaho, to secure indebtedness int.lie

amount of $9,500}000.00.

8. ·The Defendants DANA McDANIEL KANNE SEP. PROPERTY TR U/AJD


2006 REVOCABLE FAMILY TRUST; JOHN .R. GIBBS TRUST; KARIN B. SOLOWAY '

TRUST DTD 4125196; KING PUTT'S FUN FUNDS, LLC; MILTON BOZANIC; STEVEN E.


GRIFFIN REVOCABLE TRUST; MONROE FAMILY TRUST; NEVADA TRUST

COMPANY CIF DARYL ALTERWITZ, IRA; ANNETIE PARKER TRUST; JA KRETSCH


BLANCHARD TRUST DTD 2/14/73; CARYL J. GUTH TRUST; DAVID G. STIBOR D.D.S.

LTD. DBPP;.DENNIS KYLE; DVS FAMILY LIMITED PAR1NERSHIP; LIBMAN FAMILY


LIVJNG TRUST~ LYAN, LLC; PINNACLE HOLDING ENTERPRISES, LLC; ROBERT R.

BELLIVEAU TRUST; RUTH OSHINS REVOCABLE FAMILY TRUST (collectively referred

to hereinafter as ''Assignees") may claim . a secured interest in the Property by way of




No. 2007016270, records of Canyon County, Idaho; (3) March 8, 2007, as Instrument No.

2007016271, records of Canyon County, Idaho; (4) March 8, 2007, as Instrument No.

2007016272, records of Canyon County, Idaho; (5) March 8, 2007 as Instrument No.


COMPLAINT FOR FORECLOSURE OF CLAIM 0531~N · 4 ·


Canyon County,. Idaho; and March 27, 2007 as Instrument No. 2007021352, records of Canyon

County, Idaho. The fractional interests each of the respective Assignees may 9laim in the

Property are set fo1ih and described in Section 9 of Schedule B of the Litigation Guarantee

desciibed in paragraph 11 below and attached hereto as Exhibit 'B.'

9. On October 25, 2007, the Plaintiff caused a Claim of Lien to be recorded against·

the Property as Instrument No. 2007071403, records of Canyon County, Idaho, in the amount of

$217,862.32. A true and correct copy of the Claim of Lien is attached hereto as Exhibit 'A,' and


10. The Plaintiff incurred recording costs in the amount of $9.00 to record its Claim

of Lien.

11. The Plaintiff incurred reasona,ble .and necesqary costs in obtaining a Litig~tion

Guarantee from First American Title' Company for the Property in the amount of $200.00. A

true and correct copy of the Litigation Guarantee is attached hereto as Exhibit '.B,' and is fully_





COUNT ONE

Lien Foreclosure Claim Against Hunemiller, MTI,Youngblood, Integrated Financial and

Assignees



COMPLAINT l70R FORECLOSURE OF CLAIM ~:}.f'N - 5


and equipment used in the construction or improvement of the Property.


materials and equipment to the f'roperty, and said labor, materials and equipment were used and


l 1. The whole of the Property iS required for the convenient use and occupancy of the

improvements .situated thereon.

18. Iri accord.ance with the terms. of said contract, the Plaintiff furnished the labor,


22, 2006 and August 29, 2007.


equipment provided in the construction of the Property,





22. Tq.e Pfaintiff recorded its Claim of Lien within ninety (90) days fron+ the time it

ceased or completed providing labor, mate~als and equipment to the P~operty.

23. The Plaintiff claims an interest. in and to the Property pursuant to its Claim of

Lien, and any right, title, claim or interest of the Defendants Hunemiller, MTI, Youngblood,

Integrated Financial and Assignees (or any other interested party or person in and to the subject

property, as such right, title, claim or interest exists) is junior and subservient to the interest of

the Plaintiff in the Property.

COMPLAINT FOR FORECLOSURE OF CLAIM ~j5EN - 6.


the Property in the amount of $2~050.81, plus attorney's fees, costs and interest, and/or a

determination of ·the respective rights of the parties herein and any others who claim an interest

in the Property. ·

25. Plaintiff has· been damaged in an amount to be determined at trial, but not less

than the·jurisdictional minimum required by this Court, plus interest thereon at the maximum


COUNT TWO



though folly set forth herein.

27. 1'11e Plaintiff and Extreme Line entered into a binding contract, whereby the

. Plaintiff agreed tq perform certain work for Extreme Line on the Property.

28. Pursuant to the terms o.f the contract between the parties, Extreme Line agreed to

fully compensate the Plaintiff for the labor and equipment provided' by the Plaintiff to the

Property.

29. The Plaintiff performed all of its obligations under· the terms of the Plaintiff's


30. The Plaintiff is entitled tO enforce the terms of the contract with Extreme Line.


amount to be detei:min~d at trial, but not less than the jurisdictional minimum required by this


COMPLAINT FOR FORECLOSURE OF CLAIM ~1313EN · 7

COUNT.THREE



herein.


work the Plaintiff performed at the Plaintiffs expense.


Plaintiff's detriment.

35. Extreme Line has accepted and ·retained the benefits conferred upon it by the

Plaintiff under such circumstances as to make it inequitable for Extreme Line to retain such

benefits without the payment of the value of such benefits to the Plaintif£


but not less than the jurisdictional minimum required by this court, plus interest thereon ·at the




though fully set forth herei;n.

38. Pursuant to Idaho Code§§ 12-i20, 12-121 and 45-513, and Rule 54 of the Idaho


for the prosecution of this action. The Plaintiff has retained the firm of TROUT + JONES +

GLEDHILL + FUH;RMAN, P.A. to prosecute this action. The sum of Two Thousand Five Dollars


39. In addition to recovery of the Plaintiffs attorney's fees and costs, the Plaintiff is


COMPLAJNT FOR FORECLOSURE OF CLAIM S~¥EN -8

PRAYER FOR RELIEF




the Property in the amount of $2,050.81, plus interest and attorney>s fees;

2. That the Court declare that the Defendants Hunemiller, MTI, Youngblood,

. Integrated Financial and Assignees (or any other interested party or person in and to the subject

property, as such right, title, claim or interest exists), have only such claim of interest in the

Property as is subordinate, junior and inferior to the Plaintiff's lien;


sold according to law, and that the proceeds of such sale. be applied to satisfy the Plaintiff's claim

and total judgme,nt;

4. In the event the proceeds from the sale of the Property are insufficient to satisfy

the amounts due to the Plaintiff (t~gether with the costs of sale and other proper charges), the



. 5. For the Court to enter its .decree for the sale of the Property by the Canyon County


Plaintiff;




recording and preparing the Plaintiffs Claim of Lien; and

8; For such other and further relief as the Court may deem proper in these premises.·

COMPLAINT FOR FORECLOSURE OF CLAIM S8B1EN -9

i'</Y-- . DATED this i!!_ day of April, 2008.

TROl.JT t JONES t GLEDHILL+ FUHRMAN, P.A.

COMPLAINT FOR FORECLOSURE OF CLAIM cgr~N w 10

EXHIBIT 4-A

540

200.7071~0~

2001 OGT 25 PP1 3 . 18

WILLIAM ti. HURST

~~NY~r& RECORDER

CLAIM OF LIEN ~~~F£..§ir~v TO: County Recorder, County of Canyon, State of Idaho, and Glenn D. Scott and

Diane M. Scott, husband and wife (Owners or Reputed Owners).

TAKE NOTICE that Hap Taylor & Sons, Inc. dba Knife River, an Oregon corporation authorized to do business in the state of Idaho under the assumed business name Knife River, th~ Claimant herein, claims a lien against the real property hereinafter described, for money due and owing for improvements performed, including but not limited to labor, equipment and materials, to said real property. This Claim of Lien is for the value of Claimant's materials, supplies and labor, and agains.t the buildings being constructed on the premises, the land upon which the buildings are located and a convenient space about the same, or so much as may be required for the convenient use and occupation thereof.

Said labor and/or materials or equipment was performed and/or furnished at the request of Extreme Line Logistics~ Inc. dfb/a Extreme Line. Construction, Inc., and performance by Claimant was ceased or completed on or about August 29, 2007.

The real property subject to the lien is located in the County of Canyon, State of Idaho, . and is more particularly described as follows:. ·

.. Lot 8 in Block 4 at Summerwind at Orchard Hills Subdivision Phase II, accordirig to the offieial plat thereof, filed in Book 39 of Plats at Page 22, official records of Canyon County, Idaho.

The name and addresses of the owners ·or reputed owners of said real property is:

Glenn and Diane Scott 4183 SE Augusta Loop Gresham, _Orego_n 97080-8426

The amount unpaid to Claimant, after 'deducting all just credits and offsets, for which this lien is claimed, is· $217,385.82, plus interest pursuant to Claimanf s contract with Extr_eme Line Logistics, Inc.

WHEREFORE, the Claimant hereby claims a lien against the above-descdbed real property and against the improvements located thereon for the said sum of $217,385.82. Claimant also claims a lien against the real property described herein for the sum of $350.00 for reasonable attorney's fees incurred in preparing this ·claim of Lien, the sum of $9.00 for recording this Claim of Lien, and for further reasonable attorney's fees, costs and accruing interest relating to the for~closure of this lien.

The undersigned is knowledgeable of the matters stated herein and verily believes the same to be true and just. The undersigned will mail a true and correct copy of this Claim of Lien to the owner 01: reputed owner by certified mail, return receipt requested, postage prepaid within five (5) business days of filing this Claim of Lien for recording with the Canyon County Recorders' office.

DATED thfa 25th day of October, 2007.

TROUT+ JONES+ GLEDHILL+ FUH~MAN, P.A.

D . T. Krueck Attorney and Authorized Agent for Hap Taylor & Sons, Inc. dba Knife River

VERIFICATION

ST ATE OF IDAHO ) ) SS.

C01mty of Ada )

On this c2f'ta; of October, 2007, before me, the undersigned, a Notary Public in and for said state, personally appeared David T. Krueck, known or identified to me. to be the person whose name. is subscribed to the within instrument, and who, being by me first duly sworn, declared that he is the attorney and agent for Hap Taylor & Sons, Inc. dba Knife River That he signed the foregoing document as the attorney in fact for Hap Taylor & Sons, Inc., and that the statements therein contained are true and just.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written .

. . NOTARY PUBLIC FOR STATE OF IDAHO Residing at: ·Meridian, Idaho · J ·

My Commission Expires: --~-· +-'~~\-\'t-"'a-O_t-"--\

EXHIBIT 4-B

544

DAVID T. KRUECK, IS"B No. 6246 TROUT+ JONES + GLEPHILL + FUHRMAN; P.A. 225 North 9th Street, Suite 800 P.O. Box 1097 Boise, ID 83701-1617 Telephone: (208) 331-1170 Facsimile: (208) 331-1529 Email: [email protected]

Attorneys. for Plaintiff

_F_I__,· .~~qM APR 2 1 2008

CANYON COUNTY CLERK C. DOCKINS, DEPUTY



HAP TAYLOR & SONS, INC. d/b/a KNIFE ) RIVER, an Oregon corporation doing business ) ~ J ! 11 t [ as Knife River, ) Case No. Lz(JDfJ- r-r / ;·T

) Plaintiff, )

) COMPLAINT FOR FORECLOSURE vs. ) OF CLAIM OF LIEN

) GLENN D. SCOTT and DIANE M. SCOTT, ) husband and wife; EXTREME LINE ) LOGISITICS, INC. d/b/a EXTREME LINE ) CON.STRUCTION, INC., an Idaho ) corporation doing business as Extreme Line ) Construction, Inc.; DAVID A.. ) HUNEMILLER, INC., an Idaho corporation; ) MATERIALS TESTING & INSPECTION, ) INC., an Idaho corporation; INTEGRATED ) FINANCIALA$SOCIATES, INC., a Nevada) .. corporation; DANA McDANIEL KANNE )

. SEP. PROPERTY TR U/A/D 4/27/1999; ) . HENRY B. SOLOWAY 1991 ) IRREVOCABLE TRUST; HENRY B. . ) SOLOWAY 2006 REVOCABLE FAMILY ) TRUST; JOHN R. GIBBS TRUST; KARIN B.) SOLOWAY TRUST DTD 4/25/96; KING ) FUIT'S FUN FUNDS, LLC; MILTON ) BOZANIC; STEVEN E. CLAYTON; RUTH ) D. MILLE LIVING TRUST; JON A. ) GRIFFIN S~. AND JUDY A. GRIFFIN ) REVOCABLE TRUST; MONROE FAMILY )

COMPLAlNT FOR FORECLOSURE OF CLAilVI!)>45mN -1

JUDGE JUNEAL C. KERRICK

TRUST; NEV ADA TRUST COMP ANY C!F ) DARYLALTERWITZ, IRA;_ANNETIE ) PARKER TRUST; JAKRETSCH )

. FINANCIAL RETIREMENT PLAN; JASON ) PARKER; KARLI f ARKER; RENE C. ) BLANCHARD TRUST DTD 2/14/73; . )

. CARYL J. GUTH TRUST; DAVID G. ) STIBOR D.D.S: LTD. DBPP; DENNIS ) KYLE; DVS FAMILY LIMITED ) PARTNERSHIP;. LIBMAN FA.MILY ) TRUST; THE CA.THY A. KANilvIEYER ) LIVING TRUST DTD 9125191; DALE ) WYNN LIVING TRUST; LY AN, LLC; ) PINNACLE HOLDINGBNTERPRISES, · ) LLC; ROBJ?RT R. BELLIVEAU TRUST; ) RUTH OSHINS REVOCABLE FAMILY ) TRUST; and ALL PERSONS IN ) POSSESSION OR CLAIMING ANY RIGHT ) TO POSSESSION, . )'

Defendants.


("Plaintiff' or "Knife River"), by and through its counsel of record, David T. Krueck of the firm

TROUT. JONES t GLEDHJLL + FUBRMAN, P.A., and complains and alleges as follows:




under the asslUlled business names "Knife River" and "Masco, Inc."

2. The Plaintiff is, and was at all. times mentioned herein, an Idaho registered

contractor pursuant to Idaho Co.de § 54-5204 and is in good standing.

3. The Defendant Extreme Line· Logistics, Inc. ("Extreme Line") is, and was at all

times mentioned herdn, a corporation duly organized under the laws of the state of Idaho

COMPLAINT FOR FORECLOSURE OF CLAIM S¥1.1€JEN -2

authorized to do: business in the state of Idaho ·under the assumed business name "Extreme Line

Construction~ Inc."

4. The Defendant David A. Hunemiller, Inc. ("Hunemiller'') is, and was at all times


caused a Claim of Lien to be recorded against the Propeity described in paragraph 6 below on


amount of $30,943.75.

5. TI1e ·Defendant Mateli~ls Testing & Inspection, Inc. ("MTI") is, and was at all


· •. caused a Claim of Lien to be recorded against the Property described in paragraph 6 below on

February 26, 20.0R as InstrUment No. 2008010009, records of Canyon County; Idaho, in the

amount of$3,975.02.

6. The Defendants Glenn D. Scott and Diane M. Scott e'Scott") are individuals who

reside in the state of Oregon, and are the owners or reputed owners of the real property

(1'Property"), and impn;wements thereon, described as follows:

Lot 8 in Block 4 of the Summer.wind at Orchard Hills Subdivision Phase II, according to the official plat thereof, f.tled in Book 39 of Plats at page 22, official records of Canyon County, Idaho.



Nevada. Integrated Financial is identified as the Mortgagee to a fr10rtgage recorded against the

Property on December 22, 2006 as Instrurnent"No. 2006100908, records of Canyon County,

Idaho, to secure indebtedness in the aniount of $4,000,000.00. Integrated Financial is also

identified as the Mortgagee to a mortgage recorded against the Property on May 25, 2007 as

COMPLAINT FOR FORECLOSURE OF CLAIM~~ yIEN - 3

. . Instrument No. 2007036527, records of Canyon C()unty, Idaho, to secure an indebtedness in the

amount of$9,500;ooo.oo.

8. The Defendants DANA McDANIEL KANNE SEP. PROPERTY TR U/AJD






COMPANY C/F DARYL ALTERWITZ, IRA; ANNETTE PARKER TRUST;'JA KRETSCH

. FINANCIAL RETIREMENT PLAN; JASON PARKER; KARLI PARKER; RENE C.



TRUST; THE CATHY A. KAMMEYER LIVING TRUST DTD .9/25/91; DALE WYNN

LIVING TRUST; LYAN, LLC; PINNACLE HOLDING ENTERPRISES, LLC; ROBERT R.

BELLIVEAU TRUST; 'RUTH OSHINS REVOCABLE FAMILY TRUS~ (collectively referred

to hereinafter as "Assignees") may claim a secured . interest in the Property by way of

assignments :frorii Integrated Financial to fractional interests in the Deed of Trust described in



No. 2007016270, records of Canyon County, Idaho.; (3) March 8, 2007, as Instrument No.

2007016271, records of Canyon County, Idaho; (4) March 8, 2007, as Instrument No.

2007016272, rec;ords of Canyon County, Idaho; (5) March 8, 2007 as Instrument No.

200716273, records ofCanyon County, Idaho; (6) March 8, 2007 as Instrument No. 200716274,


COMPLAINT FOR FORECLOSURE OF CLAIM ~~EN - 4


County, Idaho. The fractional interests each of the respective Assignees may claim in the . .



9. On October 25, 2007, the Plaintiff caused a Claim of Lien to be recorded against

the ·Property as Instrument No. 2007071404, records of Canyon County, Idaho, in the amount of

$217,862.32. A true and correct copy of the Claim of Lien is attached hereto as Exhibit 'A,' and

is fully incorporated herein by this reference ..

10. The Plaintiff incurred recording costs in the amount of $9.00 to record its Claim

of Lien.

11. The Plaintiff ·incurred reasonable and necessary costs in obtaining a Litigation

Guarantee· from First American Title Company for the Property in the amount of $200.00. A



12. All acts complained .of herein took place in Canyon County, Idaho.


in Canyon County~ Idaho.

COUNT ONE

Lien Foreclosure Claim Against Hunemiller, MTI, Scott, Integrated Financial and .

Assignees




and equipment used in the construction or improvement of the Property. . .

COMPLAINT FOR FORECLOSURE OF CLAIMS!fg:EN - 5

16. In accordance with the tenns of said c(m~act, the Plaintiff provided said labor,

materials and equipment to the Property, and said labor, materials and equipment were used and

· installed in and about the Property.

17. The who.le of the Property is required for the convenient use and occupancy of the


18. In accordance with ·the tenns of said contract, the Plaintiff furnished the labor,

materials and equipment used in the construction of the Prope1iy between approximately August

22, 2006 and August 29, 2007.



20. On October 25, 2007, the Plaintiff, pursuant to Idaho law, recorded. its Claim of

Lien for labor, matel'.ials and equipment furnished to the Property.

21. On October 26, 2007, the Plaintiff caused a copy of the Claim of Lien to he sent

to Status Homes and its registered ag~nt by certified mail, return receipt requested.

22. TJ?.e Plaintiff recorded its Claim of Lien within nfoety (90) days from the time it

ceased or completed pro\riding labor, materials and equipment to the Property.


Lien, and .any right, title, claim or interest of the Defendants Hunemiller, MTI, Scott, Integrated

Financial and Assignees (or any other interested party or person in and to the subject property, as

such right, title, claim or interest exists) is junior and subservient to the interest of the Plaintiff in

the Property.


the Property in the amount of $2,050.81, plus attomey"s fees·, costs and interest, and/or a

COMPLAINT FOR FORECLOSuRE OF CLAIM 900EN ~ 6

detennination o~ the respective rights of the parties herein and any others who claim an interest

in the Property.


than the juris.dictional minimum required by this Court, plus interest thereon at the maximum


COUNT TWO


· 26. Plaintiff hereby incorporates by reference paragraphs 1 through 25 above, as



.Plaintiff l}gteed to perfonn certain work for Extreme Line on the Property.

28. Pursuant to the terms of the contract between the parties, Extreme Line agreed to

·fully compensate the Plaintiff for the labor and equipment provided by the Plaintiff to the

Property ..

29. The Plaintiff performed all of its obligations under the tem1s of the Plaintiffs




amount to be determined at trial, but not less than the jurisdictional minimum required by this


COUNT THREE


3 2. . The Plaintiff re-alleges paragraphs 1 through 31 above, as though fully set forth ·

herein.

COMPLAINT FOR FORECLOSURE OF CLAIMfm' '.f.,JEN - 7


work the Plaintiff performed at the Plaintiff's expense ..

34. Extreme. Line appreciated the benefits confened upon it by the Plaintiff to the


35. · . Extreme Line has accepted and retained the benefits conferred upon it by the

Plaintiff under such circumstances as to. make it inequitable for Extreme Line to retain such


36. Extreme .Line has been unjustly enriched in an amo'tmt to be determined at trial,

but not less than the jurisdictional minimum required by this court, plus interest ·thereon at the



37. Plaintiff ;hereby incorporates by reference paragraphs 1 through 33 above, as


38. Purs.uant to Idaho Code§§ 12-120, 12-121 and 45-513, and Rule 54 of the Idaho

Rules of Civil Procedure, the Plain,tiff is entitled to recover reasonable attorney's fees and costs

for the prosecution of this action. The Plaintiff has retained the firm of TROUT + JONES +

GLEDHILL • FUHRMAN, P.A. to prosecute this action. The sum of Two Thousand Five Dollars

($2,500.00) is a reasonable attorney's foe for the prosecution ofthls action ifit is uncontested.

39. In addition to recovery. of the Plaintiff's attorney's fees and costs, the Plaintiff is


PRAYER FOR RELIEF



COMPLAINT FOR FORECLOSURE OF CLATh1 3151ZEN -8


the Property in the amount of $2,q50.81, plus interest and attorney's fees;

2. That the Court declare thf!,t the Defendants H1memiller, MTI, Scott, Integrated

Financial and Assignees (or any other interested party or person in and to the subject property, as

such right, title, claim or interest exists), have only such claim of interest in the Property as in

subordinate> junior and inferior to the Plaintiff's lien;



and total judgment;

4. Iri the event the proceeds from the sale of the Property are insufficient to satisfy

the.amounts due to the Plaintiff (together with the costs of sal~ and .other proper ~harges), tho

Plaintiff have ajudgment against the Defendant Extreme Line for· such deficiency, 'together with

interest thereon at the highest legal rate allowed until pai.d in full;

· 5. For the Court to enter its decree for the sale of the Property by the Canyon County

Sheriff, and that the proceeds of such sale be applied to all payments due and owing to th0

Plaintiff;

6. · Fq~ entry of a Judgment against Defendant Extreme Line awarding damages to


7. For an award of reasonable attomeis fees and costs, including the costs for


8. For such other and further relief as the Court may deem proper in these premises ..

COMPLAINT FOR ·FORECLOSURE OF CLA™ 9£.laEN -9

!-DATED this jff_ day of April, 2008 ..

. GLEDHILL+ FUHRMAN, P.A.

COMPLAINT FOR FORECLOSURE OF CLAIM qf !t~N - 10

2 0 0 7 0 7 1 4 0 5

RECORDED

20U7 OCT 25 Pffl 3 18 WILLIAr·1l U. HURST

OANY~tiJY RECORDER RY l.,W

CLAIM OF LIEN ~:iltf P~rl/ TO: County Recorder, County of Canyon, State of Idaho, and Randall W. Benson and

Janice M. Benson, husband and wife (Owners or Reputed Owners).

TAKE NOTICE that Rap Taylor & Sons, Inc. dba Knife River, an Oregon corporation authorized to do business in the state of Idaho under the assumed business name Knife River, the . Claimant herein, claims a lien µgainst the real property hereinafter described, for money due and owing for improvements performed, including but not limited to labor, equipment and materials, to said real property. This Claim of Lien· is for the value of Claimant's materials, supplies and labor, and against the buildings being constructed on the premises) the land upon which the buildings are located and a convenient space about the same, or so much as may be required for the convenient use and occupation thereof.

Said labor and/or materials or equipment was performed and/or furnished at the request of Extreme Line Logistics, Inc. d/b/a Extreme Line Construction, Inc., and performance by Claimant was ceased or completed on or about August 29, 2007.

The real property subject to the lien is located in the County of Canyon, State of Idaho, and is more particularly described as follows: . .

Lot 17 in Block 4 at Sumiperwind at On:hard Hills Subdivision Phase II, according to the official plat thereof, filed in Book 39 of Plats at Page 22, offi~ial records of Canyon County, Idaho.

The name and addresses of the owners or reputed owners of said real property is:

Randall and Janice Benson 1401 Shady Lane Emmett, Idaho 83617 ...

The amount unpaid to Claimant, after deducting all just credits and offsets, for which this lien is claimed, is $217,385.82, plus interest pursuant to Claimant's contract with Extreme Line Logisti<?s, Inc.

. CLAIM ~~N - 1

WHEREFORE, the Claimant hereby claims a lien against the above~d.escribed real property and against the improvements locatecj thereon for the said sum of $217,385.82. Claimant also claims a lien against the real property de.scribed herein for the sum of $350.00 for reasonable attorney's fees incurred in preparing this Claim of Lien, the sum of $9.00 for recording this Claim of Lien, and for further reasonable attorney's fees, costs and accruing interest relating to the foreclosure of this Hen.

The undersigned is knowledgeable of the matters stated herein and verily believes the same to be trne and just. The undersigned will mail a true and correct copy of this Claim of Lien to the owner or reputed owner by certified mail, retum receipt requested, postage prepaid within five (5) business days of filing this Claim of Lien for recording with the Canyon County Recorders' office;-·---

J:?ATED this 25th day of October, 2007.

TROUT• JONES t GLEDHILL t FUHRMAN, P .A

. Krueck Attorney and Authorized Agent for Hap Taylor & Sons, Inc. dba Knife River

VERIFICATION


County of Ada )

On thisaE2~ of October, 2007, before me, the undersigned, a Notary Public in and for said state, personally appeared David T. Krueck, known or identified to me to be the person whose name is subscribed to the within instrument, and who, being by me first duly sworn, declared that he is the attorney and agent for Hap Taylor & Sons, Inc. dba Knife River That he signed the foregoing document as the attorney in fact for Hap Taylor & Sons, Inc., and that the statements therein contained are true and just.

IN WITNESS WHEREOF, i have hereunto set my hand and affixed my official seal the day and year in this certificate first above.written. · ·

NOTARY PUBLIC FOR STATE OF IDAHO

Residing at: Meridian, Idaho 0 { * l / " " \ { My Commission Expires: ---"D'--+_ .... a~--+-~ ,.,v __ _

DAVID T. KRUECK, ISB No. 6246 TROUT+ ]ONES+ GLEDHILL+ FuHRMAN, P.A. 225 North 9th Street, Suite 800 P.O. Box 1097 Boise, ID 83701-1617 Telephone: (208) 331-1170 Facsimile: (208) 331-1529 Email: [email protected]


F I ~ E n __ _,A.M. ,., ...... :P.M.

APR 2 1 2008

CANYON COUNlY Cl.ERK M ADAMSON, DEPUTY



HAP TAYLOR & SONS, INC. d/b/a KNIFE . ) RIVER, an Oregon corporation doing business) n

1 as Knife River, ) Case No.GVCf6-1=/ J'79

. ) . ... ' Plaintiff, )

) COMPLAINT FOR FORECLOSURE vs. ) OF CLAIM OF LIEN ·

) RANDALL W. J?.ENSON and JANICE M. ) . BENSON, husband and wife; EXTREME ) LINE LOGISITICS, INC. d/b/a EXTREME ) LINE CONSTRUCTION, INC., an Idaho · ) corporation doing business as Extreme Line ) Construction, Inc.; DAVID A. ) HUNEMILLER, INC., an Idaho corporation; ) MATERIALS TESTING & INSPECTION, ) .INC., an Idaho corporation; INTEGRATED ) FINANCIAL ASSOCIATES, INC., a Nevada) corporation; DANA McDANIEL KANNE. ) SEP. PROPERTY TR U/A/D 4/27/1999; ) HENRY B. SOLOWAY 1991 ) IRREVOCABLE TRUST; HENRY B. ) SOLOWAY2006REVOCABLEFAMILY ) TRUST; JOHN R. GIBBS TRUST; KARIN B.) SOLOWAY TRUST DTD 4125196; KING ) PUTT'S FUN ~tJNDS, LLC; MILTON ) BOZANIC; STEVEN E. CLAYTON; RUTH ) D. MILLE LIVING TRUST; JON A. ) GRIFFIN SR. A.ND JUDY A. GRIFFIN ) REVOCABLETRUST;,MONROEFAMILY)

COMPLAJNT FOR FORECLOSURE OF CLAIM g~l)IEN - 1

TRUST; NEV ADA TRUST CO!vfP ANY C/F ) . DARYL AL TERWITZ, IRA; ANNETTE ) PARKER TRUST; JA KRETSCH ) FINANCIAL RETIREMENT PLAN; JASON ) PARKER; KARLI PARKER; RENE C. . ) BLANCHARD TRUST DTD 2/14/73; ) CARYL L GUTH TRUST; DAVID G. ) STIBOR D.D.S. LTD. DBPP; DENNIS ) KYLE; DYS FAMILY LIMITED ) PARTNERSHIP; LIBMAN FAMILY · )

. TRUST; THE CATHY A. KAMMEYER ) LIVINGTRUSTDTD 9/25/91; DALE ) WYNN LIVING TRUST; LY AN, LLC; ) PINNACLE HOLDING ENTERPRISES, ) LLC; ROBERT R. BELLIVEAU TRUST; ) RUTH OSHINS REVOCABLE FAMILY ) TRUST; JA KRETSCH FINANCIAL ) RETIREMENT PLAN; STANLEY P ABER ) TRUST; ANNETIE PARKER TRUST; KIT ) & KAREN GRASKI, JTWRS; PATRICK ) FLANAGAN TRUST; RICHARD & HELEN ) CAROL ELLIS, JTWRS; ROBERT R. . ) BELLNEAU TR.UST; STERLING TRUST. ) CO. CUST FBO PATRICK MICHAEL ) FLANAGAN, IRA.; ANTHONY C: & LINDA) A. PUSATERI FAMILY TRUST; ) ANTHONY DELIA TRUST; ARTHUR ) SNYDER; BEATRICE S .. BERNSTEIN REV.) FAM. TR. FBO . .CAROL B. OSHINS; ) BLANCHE M. CRAIG; CARDWELL ) CHARITABLE 1RUST; Cf,IAD & TAMARA) VELLINGA FAMILY TRUST; DEBORAH ) FRIEDMAN; DEBORAH STOUT TRUST; ) DeETTE CARTER REVOCABLE.TRUST; ) DI BIASE 1979 TRUST; DUKE ) MARKETING, INC.; EDWARD H. OSHINS ) REVOCABLE FA.MIL Y TRUST; EVE ) JEANOS; FRANK R. NOLIMAL & ROBIN ) F. NOLIMALFAMILYTRUST; GOLDEN ) . LEGACY, LLC; HEATHER A. RALSTON ) TRUST; JACQUELYN A. McDANIEL; ) JAMES AND REBA CARDWELL FA.MIL Y ) TRUST; JANET:$. GLOVER; JANIE ) FRIEDMAN TRUST; JAY A. AND LOUISE ) A. STEAD; JOAN NEIMAN REVOCABLE ) TRUST; JOHN DAVID KRUGER FAMILY ) TRUST; JUDITH TROTTER OR BOB ) CHARLES TROTTER; KATHRYN )

COMPLAJNT FOR FORECLOSURE OF CLAThI O~~N - 2

BRYANT LIVING TRUST; LAGUNA ) CONSULTANTS, LLC PROFIT SHARING · ) PLAN; LARRY CARTER TRUST; LARRY ) CARTER, LORI CARTER, DAVID ) CARTER; MARGUERITE E. LUCE LIVING) TRUST; :MARILENE B. NEVINS LNING ) TRUST; MARK HEESE; MARSHALL ) SHIELDS IRA; MEENA P. VOHRA; ) MICHAEL AND GERI RUMBOLZ LIVING ) TRUST 2002; MUSTAPHA ASSI REV. ) · LIVING TRUST 6/23/03; PHILIP & ADELE ) ENGEL FAMILY TRUST; PRA VIN P. ) BAK.RANIA AND VERNA P. BAK.RANIA ) LIVING TRUST; PRISM MANAGEMENT ) PENSION TRUST; RALSTON FAMILY . ) TRUST; RAY W. MILLISOR TRUST DTD ) 1115192; RICHARD A. OSHINS 1995 ) REVOCABLE TRUST; RONALD J. FADEL ) M:D. IRA; RUTH OSHINS REVOCABLE ) FAMILY TRUST; SCHWARTZ FAMILY ) TRUST; SHARON GEORGE (FRIEDMAN); ) SS TRUST; THE CHERRY TRUST; THE ) LeMAIRE F AMjL Y TRUST; TONI LYNN ) PUSATERI; VIC.TORA C. PICKARD- ) BROWN TRUST; WOMEN'S CARE ) OB/GYN LTD.; GENEVA EQUITIES, LLC, ) an Idaho limited liability company; and ALL ) PERSONS IN POSSESSION OR CLAIMING) ANY RIGHT TO POSSESSION, )

) Defendants. )

COMES 'NOW the Plaintiff, Hap Taylor & Sons, Inc~ doing business as Knife River

("Plaintiff' or "Knife River"), by and through its counsel of record, David T. Krueck of the finn

TROUT+ JONES+ GLEDHILL .. FUHRMAN, P.A., and complains and alleges as follows:


1. . The Plaintiff is, and was at all times mentioned herein, a corporation duly


under the assumed business names "Knife River'' and "Masco, Inc."

COMPLAINT FOR FORECLOSURE OF CLAl.M ~ 6~N -3



3. The Defendant Extreme Line Logistics, Inc. ("Extreme Line») is, and was at all

times mentioned herein, a corporation duly organized under the laws of the state ·of Idaho


Constniction, Inc."

4. The Defendant David A. Hunemiller, Inc. ("Hunemiller') is, and was at all times




amount of $30,943.75.

5. The Defendant Materials Testing & Inspection, Inc. ("MTI") is, and was at all



February 26, 2008 as,. Instrument No. 2008010009, records of C,anyon County, Idal10, in the

amount of$3,975.02.

6. The Defendants Randall W. Benson and Janice M. Benson ("Benson") are

individuals who,. reside in the state of Idaho, and are the owners or reputed owners of the real

property ("Properti'), and improvements thereon, described as follows:

Lot 17 in Block 4 of the Summerwind at Orchard Hills Subdivision Phase II, according to the official plat thereof, ftled in Book 39 of Plats at page 22, official records of Canyon Cpunty, Idaho.



Nevada. Integi-ated Financial is identified as. the Mortgagee to a mortgage recorded against the

COMPLAINT FOR FORECLOSURE OF CLAIM O~~ - 4


Idaho, to secure indebtedness in the amount of $4,000,000.00. Integrated Financial is identified

as the Beneficiary to a Deed of Trust recorded against the Property on July 13, 2007 as

Ipstrument No. 2007048606, records of Canyon County, Idaho, to secure indebtedness in the

amount of $9 >500, 000. 00.

8. The Defendants DANA McDANIEL KANNE SEP. PROPERTY TR U/A/D

4/27/1999; HENRY B. SOLOWAY 1991 IRREVOCA.BLE TRUST; HENRY B. SOLOWAY

2006 REVOCABLE FAMILY TRUST; JOHN R. GIBBS TRUST; KARIN B. SOLO\VAY




COMP ANY C/F. DARYL ALTER WITZ, IRA; ANNETTE PARKER TRUST; .JA KRETSCH

FINANCIAL !IBTIREMENT PLAN; JASON PARKER; KARLI PARKER; RENE C.

·BLANC.BARD TRUST DTD 2/14/73; CARYL J. GUTH TRUST; DAVID G. STIBOR D.D.S.




BELLIVEAU T~UST; RUTH OSHINS. REVOCABLE FAMILY TRUST; JA KRETSCH

FINANCIAL RETIREMENT PLAN; STANLEY PAHER TRUST; ANNETTE PARKER

TRUST; KIT & KAREN GRASKI, JTWRS; PATRICK FLANAGAN TRUST; RICHARD &

HELEN CAROL ELLIS, JTWRS; ROBERT R. BELLIV:~AU TRUST; STERLING TRUST

CO. CUST FBO PATRICK MICHAEL FLANAGAN, IRA; ANTHONY C. & LINDA A.

PUSATERI.FAMILY TRUST; ANTHONY DELIA TRUST; ARTHUR SNYDER; BEATRICE

S. BERNSTEIN REV. FAM. TR. FBO CAROL B. OSHINS; BLANCHE M. CRAIG;

COMPLAINT FOR FORECLOSURE OF CLAIM O~tr!N - 5

CARDWELL CHARlTABLE TRUST; CHAD & TAMARA VELLINGA FAMILY TRUST;

DEBORAH FRIEDMAN; DEBORAH STOUT TRUST; DeETTE CARTER REVOCABLE

TRUST; DI BIASE 1979 TRUST; DUKE MARKETING, INC.; EDWARD H. OSHINS

REVOCABLE FAMILY TRUST; EVE JEANOS; FRANK R. NOLIMAL & ROBIN F.

NOLIMAL FAMILY TRUST; GOLDEN LEGACY, LLC; HEATHER A. RALSTON TRUST;

JACQUELYN A. McDANIEL; JAMES AND REBA CARDWELL FAMILY TRUST; JANET

B. GLOVER; JANIE FRIEDMAN TRUST; JAY A. AND LOUISE A. STEAD; JOAN

NEIMAN REVOCABLE TRUST; JOBN DAVID KRUGER FAMILY TRUST; JUDITH

TROTTER OR .. · BOB CHARLES TROTTER; KATHRYN BRYANT LIVING TRUST;

LAGUNA CONSULTANTS, LLC PROFIT SHARING PLAN; LARRY CARTER TRUST;

LAMY CARTER, LORI CARTER, DAVID CARTER; MARGUERITE E. LUCE LIVING

TRl)ST; MARILENE B. NEVINS LIVING TRUST; MARK HEESE; MARSHALL SHIELDS

IRA; MEENA P. VOHRA; MICHAEL AND GERI RUMBOLZ LIVING TRUST 2002;

MUSTAPHA ASSI REV. LIVING TRUST 6/23/03; PHILIP & ADELE ENGEL FAMILY . .

TRUST; PRAVIN P. BAKRANIA AND VEENA .P. BAK.RANIA LIVING TRUST; PRlSM

1v1ANAGEMENT PENSION TRUST; RALSTON FAMILY TRUST; RAY W. MILLISOR

TRUST D'fD 1/15/92; RICHARD A. OSHINS 1995 REVOCABLE TRUST; RONALD J.

FADEL M.D. IRA; RUTH OSHINS REVOCABLE FAMILY TRUST; SCH\VARTZ FAMILY

TRUST; SHARON GEORGE (FRIEDMAN); SS TRUST; THE CHERRY TRUST; THE

LeMAIRE F.AMILY TRUST; TONI LYNN PUSATERI; VICTORA C. PICKARD-BROWN

TRUST; WOMEN'S CARE OB/GYN LTD. (collectively referred to hereinafter as "Assignees")

may claim a secured interest in the Property by way of assignments from Integrated Financial to

:fractional interests in the mortgage and/or Deed of Trust described in paragraph 7 above through

Assignment-instruments recorded on: (1) March 8; 2007 as Instrument No. 2007016269, records

COMPLAINT FOR FORECLOSURE OF CLAIM 0F5~ -6

of Canyon County, Ida110; (2) March 8, 2007 as Instrument No. 2007016270, records of Canyon

County, Idaho; (3) March 8, 2007, as Instrument No. 2007016271, records of Canyon County,

' Idaho; (4) March 8, 2007, as Instrument No. 2007016272, records of Canyon County, Idaho; (5)

March 8, 2007 as Instrument No. 200716273, records of Canyon County, Idaho; (6) March 8,

2007 as Instrument No. 200716274; (7) March 16, 2007 as Instrument No. 2007018395, records

of Canyon County, Idaho; (8) March 27, 2007 as Instrument ~o. 2007021352, records of Canyon

County, Idaho; (9) September 28, 2007 as Instrument No. 2007065526, records of Canyon

County, Idaho; (IO) September 28, 2007 as Instrument No. 2007065541, records of Canyon

County, Idaho;· and (11) October 2, 2007 as Instrument No. 2007066074, records of Canyon

County, Idaho. The fractional interests each of the respective Assignees may claim in the

Property· are set forth and described in Sections 10 and 11 of Schedule B of the Litigation

Guarantee describe'd in paragraph 15 below and attached hereto as Exhibit 'B.'

9. The Defendant Geneva Equities,. LLC eoeneva") is; and was at all times

mentioned herein, a limited liability company duly organized under the laws of the state of

Idaho. Geneva is identified as the Beneficiary to a Deed of Trust recorded against the Property

on July 17, 2007 as Instrument No. 2007049349, records of Canyon County, Idaho, to secure

indebtedness.in the amount of $3,629,000.00.

10. On October 25, 2007, the Plaintiff caused a Claim of Lien to be recorded against·

the Property as Instrument No. 2007071405, records of Canyon County, Idaho, in the amount of

$217,862.32. A true and correct copy of the Claim of Lien is attached hereto as Exhibit 4A,' and


11. The Plaintiff incurred recording costs in .the amount of $9.00 to record its Claim

of Lien.

COMP.LA1NT FOR FORECLOSURE' OF CLAIM 01515~ -7

12.· The Plaintiff incurred reasonable and necessary costs in obtaining a Litigation

Guarantee from First American Title Company for the Property in the amount of $200.00. A

true and conect copy of the Litigation Guarantee is attached hereto as Exhibit 'B,' and is fully


13. All acts complained ofherein tookplace in Canyon Colllty, Idaho ..



COUNT ONE

Lien Foreclosure Claim Against Hunemiller, MTI, Benson, Integrated Financial, Assignees

and Geneva

JS. Plaintiff hereby incorporates by reference paragraphs 1 through 14 above, as


16.. . The Plaintiff entered into a contract with Extreme Line to provide labor, materials.

and equipment µ~ed in the construction or improvement of the Property,


materials and equipment to. the Property, and said labor, materials and equipment were used and


18. The whole of the Property is required for the convenient use and occupancy of the

improvements s~tuafod thereon.

19. In accordance with the terms of said contract, the Plaintiff furnished the labor,


22, 2006 a.1d August 29, 2007. ·

20. Knife River has not been fully compensated for · the labor, materials and

equipment prov:ided in the construction of the Property.

COMPLAINT FOR FORECLOSURE OF CLAIM 05 ~1'N - 8.








Lien, and any light, title, claim or interest of the Defendants Hunemiller, MTI, Benson,

Integrated Financial, Assignees and Geneva (or any other interested party or person in and to the

subject property, as such right, title, claim or interest exists) is junior and subservient to the

interest of the Plaintiff in the Property . ... ',

.. 25. The Plaintiff is entitl~d to a decree allowing the foreclosure of its interest against


deterqiination of the respective rights of the parties herein and any others who claim an interest

in the Property.

26. Plaintiff has been damaged in an amount fo be determined at trial, but not less

than the jurisdictional minimum required by this Court, plus interest thereon at the maximum


COUNT TWO






COMPLAINT FOR FORECLOSURE OF CLAIM 051'.ff -9

29. Pursuant to the tenns of the contract between the parties, Extreme Line agreed to

fully compensate the Plaintiff for the labor and .equipment provided by the Plaintiff to the

Property .

. 30. The Plaintiff performed all o.f. its obligations under the terms of the Plaintiffs




amount to be determined at trial; but not less than the jurisdictional minimum required by this

court, plus interest thereon at the maximum rate allowed by law .

. COUNT THREE

Unjust Enrich.ment Claim Against Extreme Line


herein.

34. The Plaintiff conferred a benefit upon. Extreme Line through the construction




36. Extreme .Line has qccepted and retained the benefits conferred upon it by the


. benefits without the payment of the value of such benefits to the Plaintiff.


but not ·less than the jurisdictional minimum required by this court, plus interest thereon at the


COMPLAINT FOR FORECLOSURE OF CLAIM 05 ~~N ~ 10




39. Pursuant to Idaho Code§§ 12-120, 12-121 and 45-513, and Rule 54 of the Idaho


for the prosecution of this action. The Plaintiff has retained the finn of TROUT t JONES •

GLEDHILL + FUHRMAN, P.A. to prosecute this action. The sum of Two Thousand Five Dollars


40. In addition to recovery of the Plaintiff's attorney's fees and costs, the Plaintiff is


PRAYER FOR RELIEF

WHEREFORE, the Plaintiff prays for entry of an order and jud~ent against the


J. That the Court enter an order declaring that the Plaintiff has a valid lien against

the Property in the amount of$2,050.81; plus interest and attorney's fees;

2. That the Court declare that the Defendants Hunemiller, MTI, Benson, Integrated

Financial, Assignees and Geneva (or any other interested party or person in and to the subject

property, as such right, title, claim or interest e:;dsts), have only such claim of interest in the

Property as is subordinate, junior and inferior to the Plaintiffs lien;

3. T4at the Property, and all improvements, structures and appurtenances thereon, be


and total judgment;

4. In. the event the proceeds from the sale of the Property are insufficient to satisfy

the amounts due to the Plaintiff (together with i;he costs of sale and other proper charges), the

COMPLAINT FOR FORECLOSURE OF CLAIM OF LU£N - 11 · 57u

·pJaintiffhave·ajudgment against the Defendant Extreme Line for such deficiency, together with




Plaintiff;

6. For entry of a Judgment agairist Defendant Extreme Line awarding damages to


7. For an award of reasonable attorney's fees and costs, including the i;osts for

·recording and preparing the Plaintiffs Claim of Lien; and·

8. For such other and further relief as the Court may deem proper in these premises.

. . K?'f--DATED this_/_ 0 day of April, 2008.

TROUT+ JONES+ GLEDHILL+ FUHRMAN, P.A.

By:

COMPLAJNT FOR FORECLOSURE OF CLAIM OFefj~N - 12

EXHIBIT 6-A

572

2 0 0 7 0 7 1 y 0 7

RECORDED .

J.G~7 QCT 25 PrJ 3 19 . W fl LIM~ ! L !-W fl Sr

. ~~NYDbwr;ECORDER .

CLAIM OF LIEN ~~~fu~~~~h1) / TO: County Recorder, County of Canyon, State of Idaho, and Status Homesi rue., an

Idaho corporation, (Owners or Reputed Owners).

TAKE NOTICE that IIap Taylor & Sons, Inc. dba Knife River, an Oregon corporation authorized to do business in the state ofI<laho under the assumed business name Knife River, the Claimant herein, claims a lien against the real property hereinafter described, for money due and owing for improvements performed, including but not limited to labor, equipment and materials, to said real property. This Claim of Lien is for the value of Claimant's materials, supplies and labor, and against the buildings being constructed on the premises, the land upon which the buildings are located and a conveniynt space about the same, or so much as may be required for the convenient use and occupation thereof.

Said labor and/or materials or equipment was perfonned and/or furnished at the request. of Extreme Line Logistks, Inc. d/b/a Extreme Line Construction, Inc., and performance by Claimant was ceased or completed on or about August 29, 2007~

The real property subject to the lien is located in the County of Canyon, State of Idaho, and is more particularly described as follows:

Lot 62 ill Block 1 and Lot 10 in Block 4 of the Summerwind at Orchard Hills Subdivision Phase II, according to the official plat thereof~ filed in Book 39 of Plats at page Z.2, officfal records of Canyon County, Idaho.

'".fhe names and addresses of the owners or reputed owners of said real property is:

·Status Homes, Inc . . 1059 East Iron Eagle Drive, Suite 155 Eagle, Idaho 83 616

The name and address of the registered agent for the owner or reputed owner of said real property identified herein is:

Keny Angelos 4301 Eas·t Garrity Boulevard #102 Nampa, Idaho 83687

CLAIM OFLmN ~ 1

573

The amount unpaid to Claimant, after deducting all just credits and offsets, for which this lien is claimed, is $217,385.82, plus interest pursuant to Claimant's contract with Extreme Line Lo gist ks, Inc,

WHEREFORE, the Claimant hereby claims a lien against the above··described real property and against the improvements located thereon for the said sum of $217,385.82. Claimant also claims a lien against the real property described herein for the sum of $437,50 for reasonable attorney's fees incurred in preparing th.is Claim of Lien, the sum of $39.00 for recording this Claim of Lien, and for furth0r reasonable attomey1s fees, costs and accruing interest relating to the foreclosure of this Iien

The undersigned is knowledgeable of the matters stated herein and verily believes the same to be true and just. The undersigned will mail a true and cmrect copy of this Claim of Lien to: I) the owner or reputed O\vner by certified mail, return receipt requested, postage prepaid; and/or 2) the registered agent of the owner or reputed owner at the foregoing address by certified mail, return receipt requested, postage prepaid within five (5) business days of filing this Claim of Lien for recordipg with the Canyon County Recorders1 office.

DATED this 25m day of October, 2007.

TROUT t JONES;. GLEDHILL. t FUHRMAN, P.A.

By:~(~ ~eek

Attorney and Authorized Agent for Hap Taylor & Sons, Inc. dba Knife River

CLAIM: OF LIEN~ 2

574

VERIBfCATION


County of Ada )

~ On this~day of October, 2007, before me, lfie undersigned) a N-0tary Public iu and for

said state, personally appeared David T. Krueck, known or identified to me to be the person whose name is subscribed to the within instrument, and who, being by me first duly sworn, declared that he is the attorney and agent for Hap Taylor & Sons, In.c. dba Knifo River That he signed the foregoing document as the attomey in fact for Hap Taylor & Sons, Inc,, and that the statements therein contained are tme and just

IN WITNESS WHEREOF~ I have hereunto set my hand and affixed my official sea[ the day and year in this certificate first above written.

NOTARY PUBLIC FOR STATE OF IDAHO Residing at: Meridian, Idaho { I My Conunission Expires: <g ~ l \ J.-0 U

CLAIM OF LIEN • 3

575

EXHIBIT 6-B

576

DAVID T. K.RUECK, ISB No. 6246 TROUT+ JONES 4- GtEDHitI.1- FUHRMAN~ P.A. 225 North 9111 Street, Suite 800 P.O. Box 1097 Boise, ID 83701~1617 Telephone: (208) 331~1170 Facsimiie: (208) 331-1529 Email: [email protected]


.F 1 ~ A.~- tfib 9.M. APR 212ooa

CANYON COUNTY CLERK P. SALAS, DEPUTY

rN THE DISTRlCT COURT OF THE THIRD JUDICIAL DISTRICT


HAP TAYLOR & SONS, INC. d/b/a KNIFE ) RIVER, an Oregon corporation doing business } as Knife River, )

) Plaintiff, )

) vs. )

) STATUS HO:MES, lNC, 1 an Idaho ) corporation; EXTREME LINE LOGISITICS, } INC. d!bf a EXTREME LINE ) CONSTRUCTION, INC., an Idaho ) corporation doing business as Extreme Line ) Construction, Irie.; DA YID A. ) HUNBMILLER, INC., an Idaho corporation; ) SPF WATER ENGINEER1NG, LLC, an Idaho) limited liability company; MATERIALS ) TESTING & INSPECTION, INC., an Idaho ) corporation; INTEGRATED FINANCIAL ) ASSOCIATES, INC., a Nevada corporation; ) DANA McDANIEL KANNE SEP. ) PROPERTY TR U/AJD 412711999; HENRY ) B. SOLOWAY 1991 IRREVOCABLE ) TRUST; HENRY B. SOLOWAY 2006 ) REVOCABLE FAMILY TRUST; JOHN R. ) GIBBS TRUST; KARIN B. SOLOWAY ) TRUST DTD 4/25/96; KING FUIT'S FUN ) FUNDS, LLC; MILTON BOZANIC; ) STEVEN E. CLAYTON; RUTH D. MILLE ) LIVING TRUST; JON A. GRIFFIN SR. AND)

COMPLAlNT FOR FORECLOSURE OF CLAIM OF LIEN

THOMAS J RYAN COMPLAINT FOR FORECLOSURE OF CLAIM OF LIEN - 1

577

JUDY A GRIFFIN REVOCABLE TRUST; ) MONROEFAMILYTRUST; NEVADA ) TRUSTCOMPANYC/FDARYL ) ALTER WITZ, IRA; ANNETTE PARKER ) TRUST; JA KRETSCH FINANCIAL ) RETIREMENT PLAN; JASON PARKER; ) KARLI P A.R.KER; RENE c_ BLANC:HARD ) TRUST DTD 2/14i73; CARYL J. GUTH ) TRUST; DAVID G. STIBOR D.D.S. LTD. ) DBPP; DENNIS KYLE; DVS FAMILY ) LIMITED PARTNERSHIP; LIBMAN ) FAMfLYTRUST; THE CATHY A ) KAMMEYER LIVING TRUST DTD 9125191;) DALE WYNN LIVING TRUST; LY AN, ) LLC; PINNACLE HOLDING ) ENTERPRISES, LLC; ROBERT R. ) BELLIVEAU TRUST; RUTH OSHINS ) REVOCABLE FAMILY TRUST; JA ) KRETSCH FINANCIAL RETIREMENT ) PLAN; STANLEY PARER TRUST; ) ANNETTE PAR.KER TRUST; KIT & ) KAREN GRASKI, JTWRS; PATRICK ) FLANAGAN 1RUST; RICHARD & HELEN ) CAROL ELLIS-, .JTWRS~ ROBERT R. ) BELLIVEAU TRUST; STERLING TRUST ) CO. CUST FBO PATRICK MICHAEL ) FLANAGAN) IRA; ANTHONY C. & LINDA) A.PUSATERI FAMILY TRUST; ) ANTHONY DELIA. TRUST; ARTRUR ) SNYDER; BEATRICE S. BERNSTEIN REV. ) FAM. TR. F)?O .CAROL B. OSHINS; ) BLJ\.NCHE M. CRAIG; CARDWELL ) CHARITABLE TRUST; CHAD & TAMARA) VELLINGA FAMILY TRUST; DEBbRAB ) FRIEDMAN; DEBORAH STOUT TRUST; ) DeEITE CARTER REVOCABLE TRUST; ) DI BIASE 1979 TRUST; DUKE ) lYf.ARKETlNG, !NC.; EDWARD H. OSHINS ) REVOCABLE FAMILY TRUST; EVE ) JEAN OS; FRANK R. NOLIMAL & ROBIN ) F. NOLIMALFAMILY TRUST; GOLDEN ) LEGACY; ~LC; HEATHER A. RALSTON ) TRUST; JACQt;ELYN A McDANIEL; ) JAMES AN]) REBA CARDWELL FAMILY) TRUST; JANET B. GLOVER; JANIE ) FRIEDMAN TRUST; JAY A AND LOUISE ) A STEAD; JOAN NEIMAN REVOCABLE ) TRUST; JOHN DA YID KRUGER FAMILY )

COMPLAINT FOR FORECLOSURE OF CLAil\1 OF LIEN - 2-

578

TRUST; JUDITH TR.OTTER OR BOB ) CHARLES TROTTER; KATHRYN ) BRYANT LIVING TRUST; LAGUNA ) CONSULTANTS, LLC PROFIT SHA.RING ) PLAN; LARRY CARTER TRUST; LARRY ) CARTER, LORI CARTER, DAVID ) CARTER; NfARGUERJTE E. LUCf1 LfVTNG) TRUST; !vfAIULENE B. NEVINS LIVING ) TRUST; MARK HEESE; MARSHALL ) SHIELDS IRA; MEENA P. VOHRA; ) MICHAEL AND GERI RUMBOLZ LIVING ) TRUST 2002; MUSTAPHA ASST REV. . ) LIVING TRUST 6/2.3/03; PHILIP & ADELE ) ENGELFAMILYTRUST; PRAVIN P. ) BAKRANIA AND VEEN A P. BAK.RANIA ) LIVING TRUST; PRISM MANAGEMENT ) PENSION TRUST; RALSTON FAMILY } TRUST;· RAY W. MILLISOR TRUST DTD ) 1115/92; PJCHARD A OSHINS 1995 ) REVOCABLE TRUST; RONALD J. FADEL ) M.D. IR.A; RUTH OSHINS REVOCABLE ) FAMILY TRUST; SCHWARTZ FAMILY ) TRUST; SHARpN GEORGE (FRIEDMAN); ) SS TRUST; THE CHBRR Y TRUST~ THE ) LeMAIREFAMJLYTRUST; TONI LYNN ) PUSATERI; VICTORA C. PICKARD- ) BROWN TRUST; WOMEN'S CARE ) OB/GYN LTD.; GENEVA EQUITIES, LLC, ) an Idaho limited liability company; HOME ) FEDERAL BANK> a federally chartered bank;) ANB FINANCIAL N.A.., a federally chartered) bank; and ALL PERSONS IN POSSESSION ) OR CLAWING-ANY RIGHT TO POSSESSION,

Defendants.

COMES NOW the Plaintiff, Hap Taylor & Sons, Inc, doing business as Knife River

C'Plaintiff' or "Knife River"), by and through its counsel ofrecord, David T. Krueck of the finn

TRour t JONES t. GLEDHILL. FUHRlviAN, p .A., and complains and alleges as follows:

COMPLAJNT FOR FORECLOSURE OF CLAIM OF LIEN - 3

579


l, The Plaintiff is, and was at all times mentioned herein, a corporation duly


under the assumed business names "Knife River" and "Mascot Inc.''

2, The P1aintiff is, and was at aU times mentioned herein, an Idaho registered

contractor pursuant to Idaho Code § 54-5204 and is in good standing,

3. The Defefldant Extreme Line Logistics, Inc. ("Extreme Line") is, and was at all

times mentioned herein, a c01voration duly organized under the laws of the state of Idaho


Construction, Inc, n

4, The Defendant David A, Hunemiller, Inc. ("Hunemiller") is, and was at all times



December 21, 2007 as Instrument No, 2007082261, records of Canyon County) fdaho, in the

amount of $30,943. 7 5.

5. The Defendant SPF Water Engineering, LLC ("SPF'1) is, and was at all times

mentioned herein~ a limited liability company duly ~rganized under the laws of the state of

Idaho. SPF caused a Claim of Lien to be recorded against the Property described in paragraph 7

below on January 11, Z008 as Instrument No, 20080019801 records of Canyon County, Idaho, in

the amount of $18,735.44.

6. The Defenda11t Materials Testing & Inspection, Inc .. ("MTI") is, and was at all

times mentioned herein, a corporation duly organized under the laws of the state of Idaho. MT!

caused a Claim of Lien to be recorded against the Property described in paragraph 7 below Dn

COM.l.'l.,AlNT FOR FORECLOSURE OF CLAIM OF LIEN - 4

580

February 26, 2008 as Instrument No. 2008010008, records of Cauyan County, Idaho, in the

amount of$3,975.02.

7. The Defendant Status Homes, J:nc. {"Status Homes") is, and was at alI times

mentioned herein> a corporation duly organized under the laws of the state of Idaho, and nt all

times mentioned herein is, and was} the owner or reputed owner of the real property

("Properly"), and improvements thereon, described as follows:

Lot 62 in Block 1 and Lot 10 in Block 4 of the Snrumerwind at Orchard Hills Subdivision Phase II, according to the official plat thereof, ftlcd in Book 39 of Plats at page 2Z, official records of Canyon County, Idaho,

K The Defendant fntegrated Financial Associates, Inc. ("Integrated Financial'') is,

and was at an times mentioned herein, a corporation duly organized under the laws of the state of

Nevada. Integrated Financial is identified as the Mortgagee to a mortgage recorded against the

Property on Dec.ember 22, 2006 as Instrument No, 2006100908> records of Canyon County,

Idaho, to secure indebtedness in the amount of $4,000,000.00. Integrated Financial is also

identified as the Mortgagee to a mortgage recorded against the Property 011 May 25, 2007 as

Instrument No. 2007036527, records of Canyon County, Idaho, to secure indebtedness in the

amount of $9,500,000.00. Integrated Financial is identified as the Beneficiazy to a Deed of Trust

recorded again~~ the Property on July 13, 2007 as Instrument No. 2007048606, records of

Canyon County, Idal1.0, to secure indebtedness in _the amount of $9,500,000.00.

9. . The Defendants DANA McDANIEL KANNE SEP. PROPERTY TR U/AJD

412711999; HENRY B. SOLOWAY 1991 IRREVOCABLE TRUST; HENRY B. SOLOWAY


TRUST DTD 4125196; KING FUTr>S FUN FUNDS, LLC; MILTON BOZANIC; STEVEN E.



COMPLA)NT FOR FORECLOSURE OF CLAIM OF LIEN • 5

581

COMPANY C/F DARYL ALTERWITZ1 IRA; ANNETIE PARKER TRUST; JA KRETSCH

FINANCfAL RETIREMENT PLAN; JASON PARK.ER; KARLI PARK.ER; RENE C.

BLANCHARD TRUST DTD 2/14/73; CARYL J. GUTH TRUST; DAVID G. STIBOR D.D.S.

LTD. DBPP; DENNIS KYLE; DVS FAMILY LIMITED PARTNERSHIP; LIBWiAN FAMILY

TRUST; THE CATHY A. KAMMEYER LIVING TRUST DTD 9125191; PALE WYNN


BELLIVEAU TRUST; RUTH OSHINS REVOCABLE F AM1L Y TRUST; TA KRETSCH

FINANCIAL RETIREMENT PLAN; STANLEY PAHER TRUST; AN~EITE PARK.ER

TRUST; KIT & KAREN GRASKI, JTWRS; PATRICK FLANAGAN TRUST; RICHARD &

HELEN CAROL ELLIS, JTWRS; ROBERT R. BELLIVEAU TRUST; STERLING TRUST

CO. CUST FBO f A TRICK MICHAEL FLANAGAN, IRA; ANTHONY C. & LINDA A.

PUSATERI FAMILY TRUST; ANTHONY DELIA TR.UST; ARTHUR SNYDER; BEATRICE

S. BERNSTEIN REV. FAM, TR. FBO CAROL R OSHINS; BLANCHE M. CRAIG;

CARDWELL CHARITABLE TRUST; CHAD & TAMARA VELLINGA FAMILY TRUST;

DEBORAH FRIEDMAN; DEBORAH STOUT TRUST; DeETTE CARTER REVOCABLE

TRUST; DI BIASE 1979 TRUST; DUKE MARKETING) INC.; EDWARD H. OSHINS

REVOCABLE FAMILY TRUST; EVE JEANOS; FRANK R. NOLIMAL & ROBIN F.

NOLIMAL FAMILY TRUST; GOLDEN LEGACY, J:;LC; HEATHER A. RALSTON TRUST;

JACQUELYN A. McDANIEL; JAfvfES AND REBA CARDWELL FAMILY TRUST; JANET

B. GLOVER; JANIE FRIEDMAN TRUST; JAY A. AND LOUISE A. STEAO; JOAN

NEIMAN .REVOCABLE TRUST; JOHN DAVID KRUGER FAMILY TRUST; JUDITH

TROTIER OR BOB CHARLES TROTTER; KATHRYN BRYANT LIVING TRUST;

LAGlJNA COr~SULTANTS, LLC PROFIT SHARING PLAN; LARRY CARTER TRUST;

LARRY CARTER, LORI CARTER, DAVID CARTER; MARGUERITE E. LUCE LIVING

COMPLAJNT FOR FORECLOSURE OF Cf,AIM OF LIEN - 6

582

TRUST; MARILENE R NEVINS LIVING TRUST; MARK HEESE; MARSHALL SHIELDS

IRA; MEENA P. VOH.RA; MICHAEL AND GERI RUMBOLZ LIVING TRUST 2002;

MUSTAPHA ASSI REV. LIVING TRUST 6/2.3/03; PHILIP & ADELE ENGEL FAMILY

TRUST; PR..AVIN P. BAKRANIA .A.ND VEENA P. BAI(,_TZ.AN1A LIVING TRUST; PRISM

MANAGEMENT PENSION TRUST; RALSTON FAlvfILY TRUST; RAY W. MILLISOR

TRUST DTD 1/15/92; RICHARD A. OSHINS 1995 REVOCABLE TRUST; RONALD J.

FADEL M.D. IRA; RUTH OSHINS REVOCABLE FAMILY TRUST; SCHWARTZ FAMILY


LeMAlRE FAMfLY TRUST; TONI LYNN PUSATERI; VICTORA C PICKARD-BROWN

TRUST; WOMEN'S CARE OB/GYN LTD. (coUectively referred to hereinafter as "Assignees")

may claim .a secured interest in the Property by way of assignments from Integrated Financial to

fractional interests in the mortgage and/or Deed of Trust described in paragraph 8 above through

Assignment instruments recorded on: (1) March 8) 2007 as Instrument No. 2007016269, records

of Canyon County, Idaho; (2) March 8, 2007 as ln?trument No, 2007016270, records of Canyon

County, Idaho; (3) lyfarch 8, 2007, as Instrument No. 2007016271, records of Canyon County,

Idaho; (4) March 8, 2007, as Instrument No. 2007016272, records of Canyon County, Idaho; (5)

March 8, 2007 as Instrument No. 2007162731 records of Canyoi: County,, Idaho; (6) March 8,

2007 as Instrument No. 200716274; (7) March 16) 2007 as Instrument No. 2007018395, records

of Canyon County1 Idaho; (8) March 27, 2007 as Instrument No. 2007021352, records of Canyon



County, Idaho; and (11) October 2, 2007 as Instrument No. 2007066074, records of Canyon

County, Idaho.: The fractional interests each of the respective Assignees may claim in the

COMPLAINT FOR FORECLOSURE OF CLAIM OU LlEN - 7

583

Property are set forth and described in Sections I l and 14 of Schedule B of the Litigation

Guarantee descri_bed in paragraph 15 below and attached hereto as Exhibit 'B.'

10. The Defendant Geneva Equities, LLC (<'Geneva") is, and was at all times

mentioned herein, a limited liability company duly organized Uhder the laws of the state of

Idaho. Geneva is identified as the Beneffoiary to a Deed of Trust recorded against the Property

on July 17, 2007 as Instrument No. 2007049349, records of Canyon County, Idaho, to secure

indebtedness in the amount of $3,629,000.00.

1 L Based upon info1mation and belief, the Defendant Home Federal Bank is a

federally chartered bank in good standing and authorized to do business in the state of Idaho ..

Home Federal Bank is identified as the Beneficiary to a Deed of Trust recorded against the

Property on June 27, 2007 as Instrument No. 2007044383, records of Canyon County, Idaho, to

secure indebtedn~ss in the amount of $520,000.00.

12. Based upon information and belief; the Defendant ANB Financial N.A. is a

federally chartered bank in good standing and authorized to do business in the state of Idaho.

ANB Financial N.A. is identified as the Beneficiary to a Deed of Trust recorded against the

Property on October 4, 2007 as Instrument No. 2007066586, records of Canyon County, Idaho,

to secure indebtedness in the amount of $504i000.00.

13. On October 25, 2007, the Plaintiff caused a Claim of Lien to be recorded against

th~ Property as Instrument No. 2007071407, records of Canyon County, Idaho, in the amount of

$217,862~32. A true and correct copy of the Claim of Lien is attached hereto as Exhibit 'A,' and

is fully incorporn,ted herein by this reference.

14. Tl:e Plaintiff incurred recordin-g costs in the amount of $9.00 to record its Claim

of Lien.


584


Guarantee from First American Title Company for the Property in the amount of $230.00. A

true and correct copy of the Litigation Guarantee is attached hereto as Exl1ibit 'B,, i:ind is fully


16. All acts complained ofherein took place in Canyon County, Idaho.



COUNT ONE

Lien Foteclosure Claim.Against Hunemiliert SPF, MTI, Status Homes, Integrated

Financial, Assignees, Geneva, Home Federal Bank and ANB Financial N.A.

18. . Plaintiff hereby incorporates by reference paragraphs 1 through 17 above, as


19. The Plaintiff entered into a contract with Extreme Line to provide labor) materials

. and equipment used in t11e construction or improvement of the Property.

20. In accordance with the terms of said contracti the Plaintiff provided said labor,

materials and equipment to the Property, and said labor, materials and equipment were used arJd


2L The whole ofthe Property is required for the convenient use and occupancy of the


22. Ip accordance with the terms of said contract, the Plaintiff furnished the labor,


22, 2006 and August 29, 2007.

23, Knife River bas not been fully compensated for the labor, materials and


CO:Ml'LA.lN'r FOR FORECLOSURE OF CLAIM OF LIEN~ 9

585

24. On October 25, 2007, the Plaintiff; pursuant to Idaho law, recorded its Claim of


25, On October 26, 2007, the Plaintiff caused a copy of the Claim of Lien to be sent



ceased or comP,leted providing labor, materials and equipment to the Property.


Lien, and any right, title, claim or interest of the Defendants Hunemiller, SPF> MTI, Status

Homes, Integrated Financial, Assignees, Geneva, Home Federal Bank and ANB Financial N.A.

(or any other interested party or person in and to the subject property, as such right, title, claim or

interest exists) is junior and subservient to the interest of the Plaintiff in the Property.



deten:nination of the respective rights of the parties herein and any others who claim an interest

in the Property.


than the jurisdictional minimum required by this Court, plus interest thereon at the maximum \


COUNT TWO




3 L T1w Plaintiff and Extreme Lille entered into a binding contract, whereby the

Plaintiff agreed to perform certain work for Extreme ~ine on the Property,


586

32. Pursuant to the terms of the contract between the parties, Extreme Line agreed to

fully compensate the Plaintiff for the labor and equipment provided by the Plaintiff to the

Property.

33. The Plaintiff performed all of its obligations under t11e terms of the Plafotfff's


3 4. The Plaintiff is entitled to enforce the tenns of the contract with Extreme Line.

35, The Plaintiff .has been damaged by Extreme Line's breach of con.tract in an

amount to be determined at trial, but not less than the jurisdictional minimum required by this


COUNT THREE

Unjust Enrichment Cfaim Against Extreme Line

.36, The Plaintiff re-alleges paragraphs 1 tlu'Ough 35 above~ as though fully set forth

herein,

.37. The Plaintiff confen-ed a benefit upon Extreme Line through the construction



Plaintiff's detriment




40. Extreme Line has been unjustly enriched in an amount to be detennined at trial,

but not less than the jurisdictional minimum required by this court, plus interest thereon at the

maximum rate allowed by law,

COM'.PLAINT FOR FORECLOSURE OF CLAIM OF LIEN - 11

587


41. Plaintiff hereby incorporates by reference paragraphs 1 throug11 40 above, as


42. Pursuant to f<laho Code§§ 12-120, 12-121 and 45-513 1 and Rule 54 of the Idaho


for the prosecution of this action. Tirn Plaintiff has retained the finn of TROUT + JONES t

GLEDHILL + FUI-IRMAN, P.A. to prosecute tltls action. The sum of Two Thousand Five Dollars


43. In addition to recovery of the Plaintiffs attorney's fees and costs, the Plaintiff is


PRAYER FOR RELIEF



L That the Court enter an order declaring that the Plaintiff has a valid lien against

the Property in tbe amount of $4, 101.62, plus interest and attorney's foes;

2, That the Court declare that the Defendants Hunemiller, SPF~ MTI, Status Homes, . \

Integrated Financial, Assignees, Geneva, Home Federal Bank and ANB Financial N.A. (or any

other interested party or person in and to the subject property, as such right, title, claim or

interest exists), have only such claim of interest ill the Property as is subordinate, junior and

inferior to the Plaintiff's lien;

3. That the Property, and a11 improvements> structures and appurtenances thereon, be

sold according to law, and that the proceeds of such sale be applied ~o satisfy the Plaintiff's claim

and total judgment;

COMPLAlNl' FO~ FORECLOSWU OF CLAJ1V[ OF LlEN - lZ

588

4. In the event the proceeds from tlle sale of the Property are insufficient to satisfy



interest thereon at the highest legai rate ailowed until paid in full;

5. For the Court to enter its decree for the sale ofthe Property by the Canyon County


Plaintiff;






DATED this /Zi;ay of April, 2008, ·

David eek Attorney for Plaintiff

COMPLAINT FOR l"ORECLOSURE OF CLA.Il\1. OF LIEN~ l3

589

2 o o.7 o 7 i ~ a a

RECORDED-

W07 OCT 25 Pfll 3 19 . WILLIAM H. HURST

~~NTITY RE:;CORDE~R . I' CLAIM OF LIEN REQ~~---·- - . Vi.d[;

Tci: 6iunty Recorder, County of Canyon, State of Idaho; and MJJl4\'.'.ki=:.~~ LLC, an Idaho limited liability company, L222 .. 1 ID Summerwiud, LLC, an Idaho limited liability company, and L222-2 ID Su.mmerwind, LLC, an Idaho limited liability comp~y, (Owners or Reputed Owners).

TAKE NOTICE that Hap Taylor & Sons, Inc. dba Knife River, ~ Ofegon corporation authorized to do business in the state of Idaho under the assumed business name Knife River, the Claimant herein, clairµs a lien against the real property her~nafter descnoed> for money due and qwing for improvements perfonned, including but not limited to labor,· equipment and materials, to said real property. This Claim of ·Lien is for the value of Claimanf s materials> supplies and ·.

··labor,· and against the buildings being constructed on 'the premises,' the fond up.onwhichthe. buildings are located and a convenient space about the same) o~ so much as may be required for·'' the convenient use and occupation thereof.

Said labor and/or materials or equipment was performed anq/or furnished at the request of Extreme Line Logistics, Inc. d/b/a Extreme Line Construction, Inc., and performance by Claimant was ceased or completed on or about August 29, 2007.

The real property subject to the lien is' located in the County of Canyon, State of Idaho, and is more particularly described as follows:

All of the real property described in the recorded plat for SununerWind·a:t Orchard ·Hills Subdivision Phase II attached hereto, and fully incorporated herein by this reference, as Exhibit 'A/ f:ded in Book 39 of Plats at Page 22 records of. Canyon. County~ Idaho, recorded on February 2, 2007, as Instrument No. 2007008406; EXCLUDJNG Lots 48, 52 ·and 62 in Block '1 of the Subdivision and Lots 8, 10, 17 and 20 in Block 4 of the Subdivision. . . . .

The names and addresses of the owners or reputed owners of said real property is:

Union Land Company, LLC 1059 East Iron Eagle Drive, Suite B Eagle, Idaho 83616

CL~LIEN-1

L222~1 ID Summerwind, LLC 1059 East Iron Eagle Drive, Suite 155 Eagle, Idaho 83616

L22Z..2 ID SuIDJ11envind, LLC 1059 East Iron Eagl.e Drive~ Suite 155 Eagle, Idai.11.o 83616

The name and address of the registered agent for all of Hie owners or reputed owners of said real property identified herein is:

Kt.mY Angelos 1059 East Iron Eagle Drive, Suite 155 Eagle, Idaho 83616

The amount tmpaid to Claimant, after de<;lucting all just credits and offsets, for which this Hen is claimed, is $217,385.82, plus interest pursuant to Claimant's contract with Extreme Line Logistics, Inc.

· WHEREFORE, the Claimant hereby clajlns a lien against the above-described real property and against the improvements:focated: .. thereon for the said sum of $217,385.82. Claimant also claims a Hen against;the real· property described herein for the sum of $437.50 for reasonable attomey)s fees incurred in preparing this Claim of Lien, the sum of $39.00 for

·recording thiS Claim· of Lien) and for further reasonable attorneys fees, costs and accruing interest !elating to the foreclosure of this lien.

The undersigned is lmowledgeable ·of the matters stated herein and verily believes the same to be true and just. The undersigned will mail a true and correct copy of this Claim of Lien to: 1) the owner or reputed owner by certified inail, return receipt requested, postage prepaid; and/or 2)' the registered agent of the owner or reputed owner at the foregoing address by certified mail, r~tum receipt requested, postage prepaid withln five (5) business days of filing this Claim of Lien 'for recording with the Canyon County R~corders' office. .

DATED this 25th day of October, 20.07;

'T:RouT + JONES • GLEDHILL. FUHRMAN, p .A.

Kruec A omey and Authorized Agent for Hap.Taylor &-Sons, I.nc. dba Knife River

VERIFICATION


County of Ada ) . •t-

. On this;?§ day of October, 2007, before me; the undersigned) a Notary Public in and for said state~ personally appeared David T. Krueck, known or identified to me to be the person whose name is subscribed to the within instrument, and who, being by me first duly sworn, declared that he i~ the attorney and agent for Hap Taylor & Sons, Inc. dba Knife River That

·he signed the foregoing document as the attorney in fact for Hap Taylor & Sons, Inc., and that the statements therein· contained are true and just

IN WITNESS. WHEREOF, I have hereunto s~t my hand and affixed my official seal the day and year in this croificate first above written.

NOTARY Pl.JUUQ ~QRtSTATE OF IDAiiO · 'Resi<lingat: ~ i · My Commission Expires: ~ ~ la-Qll

EXHIBIT 7-B

594

DAVID T. KRUECK, ISB No. 6246 TROUT t JONES+ GLEDHILL+ FuHRMAN, P.A. 225 North 9th Street> Suite 800 P.O. Box 1097 Boise, ID 83701-1617 Telephone; (208) 331-1170 Facsimile: (208) 331-.1529 Email: [email protected]~

Attorneys· for Plaintiff

F. L~.k E D P.M.

APR 2 z· 2008 CANYON COUNTY .CLERK·

T WHITE1 DEPUTY

IN THE DISTRICT COURT OF THE THIRD JUDICIAL DISTRICT ·


. HAP TAYLOR & SONS, INC. d/b/a KNIFE ) . RIVER, an Oregon corporation doing business ) . as Knife.'I{iyer, )

·,Plaintiff:

.vs.

) ) ) ) )

L222-l ID SUMiyIBRWIND, LLC, an Idaho ) limited liability company; UNION LAND ) Cp:MP ANY, LLC, an Idaho limited liability ) company; REXTIJS FOREST BY- ) PRODUCTS, INC. d/b/a REXIUS, an Oregon ) corporation doing business as Rexius; ) CONGER MANAGEMENT GROUP, INC., ) an Idaho corporation; DENNIS PHIPPS . . ) WELL DRILLING, INC., an Idaho ) corporation; TRADITIONAL SPRINKLERS. ) AND LANDSCAPING, INC., an Idaho ) corporation; EXTREME LINE LOGISITICS, ) INC. d/b/a EXTREME LINE . )

. CONSTRUCTION, !l'f.C., an Idaho ) corporation doing business as Extreme Line )

·· Construction, Inc.; DAVID A. ) HUNEMILLER, INC., an Idaho corporation; ) SPF WATER ENGINEERING> LLC, an Idaho) limited liability company; MATERIALS ) TESTING & INSPECTION, INC., an Idaho ) corporation; INTEGRATED FINANCIAL ) ASS09IATES, INC.~ a Nevada corporation; )

.,, •.·· .··

COMPLAINT FOR FORECLOSURE OF CLAIM OF LIEN

•

JUDGE . COMPLAINT FOR FORECLOSURE OF CLAIM O§:gi§N -1 .. GORDON VJ. PETfUE.

l.

GENEVA EQUITIES, LLC, an Idaho limited ) liability company; DANA McDANIEL ) KANNE SEP. PROPERTI TR U/AID ) 412711999; B:ENRYB. SOLOWAY 1991 ) IRREVOCABLE TRUST; HENRY B. ) SOLOWAY 2006 REVOCABLE FAMILY ) TRUST; JOHN.R. GIBBS TRUST;'KARIN B.) SOLOWAYTRUSTDTD4/25/96; KING ) FUTT'S FUNFUNDS,'LLCi MILTON ) BOZANIC; STEVEN E. CLAYTON; RUTH ) D. MILLE LIVING TRUST; JON A: ) GRIFFIN SR. AND JUDY A. GRIFFIN · } REVOCABLE TRUST; MONROE FAMILY ) · TRUST; NEV ADA TRUST QOMP ANY CIF· ) .. DARYLALTEE..WITZ, IRA; ANNEITE ) PARKER TRUST;JAKRETSCH ) FINANCIAL RETIREMENT PLAN; JASON ) PAR.KER; K.A:RLI P ARK.E~ RENE C. ) . BLANCHARDTRUSTDTD2/14/73; ) . CARYLJ. GUTH TRUST;· DAVID G. ) STIBOR D.D.S. LTD. DBPP; DENNIS ) . · . KYLE; DVS FAMILY LIMITED . ) PARTNERSHIP; LIBMAN FAMILY }·. · · < TRUST; THE CATHY A. KAMMEYER. ' }· LIV}NGTRUSJ' DTD 9/25/91; DALE ) WYNN LIVJNGTRUST; LYAN, LLC; ·) · PINNACLE HOLDING ENTERPRISES, ·. ) LLC;.ROB~RTR. B~LLIVEAUTRUST; ) RUTH OSHil'{S REVOCABLE FAMILY ) :rRUST; JA KRETSCH FINANCIAL ) RET!REMENTPLAN; STANLEY,PAHER ) '.!:RUST; ANNETTE PARK.ER TRUST; KIT ) & KAREN GRASKI, JTWRS; PATRICK . ) FLANAGAN TRUST; RICHARD & HELEN ) CAROL ELLIS,_ ~TWRS; ROBERT R. ) BELLIVEAU TRUST; STERLING TRUST ) CO. CUST FBO PATRICK lv.UCHAEL . . ) FLANAGAN, IRA; ANTHONY C. & LINDA) A. PUSATERJFAMILYTRUST; ) ANTHONY DELIA TRUST; ARTHUR ) SNYDER; BEATRICE S. BERNSTEIN REV.) FAM~ TR. FBO CAROL B. OSHINS; ) BLANCHE M. CRAIG; CARDWELL )· CHARITABLE TRUST; CHAD ~·TAMARA) VELLINGA FAMILY TRUST; DEBORAH ) FRIEDMAN; J?EBORAR STOUT TRUST; ) D.eETIE CARTER REVOCABLE TRUST; ) DI BIASE.1979 TRUST; DUKE )

CO~LAJNT FOR FORECLOSURE OF CLAIM ~N • 2

. MARKETING, INC.; EDWARD H. OSHINS ) REVOCABLE FAMIL y TRUST; EVE ) JEANOS; FRANK R. NOLIMAL & ROBIN ) F. NOLilvfALFAMILYTRUST;.GOLDE'N ) LEGACY, LLC; HEATHER A. RALSTON ) TRUST; JACQUELYN A. McDANIEL; ) JAMES AND REBA CARDWELL FAl\fil Y ) TRPST; JAJ<lET B. GLOVER; JANIE ) FRIEDMAN TRUST; JAY A. AND LOUlSE ) A. STEAD; JOAN NEIMAN REVOCABLE ) TRUST;)OHN DAVID KRUGER FAMILY ) TRUST; JUDITH TROTTER OR BOB ) CHARLESTRQTTBR;KATHRYN ) BRYANTLIVJNGTRUST;LAGUNA ) CONSULTANTS, LLC PROFIT SHARING ) PLAN; LARRY QARTER TR.UST; LARRY ) CARTER, LORI CARTER~ DAVID ) CARTER; 1vfARGUERITE E. LUCE LIVING) TRUST; MARILENE B. NEVINS LIVING .) TRUST; MARK HE;ESE; MARSHALL ) SHIELDS IRA; MEENA P. VOf.tRA; ·· · · . )· M!pHAEL ANO GERI RUMBOLZ LIVING ) · TRusr 2002; MU.STAPHA ASSI REV. ) LIVINGTRUST,6/23/03; PHILIP & ADELE ) . ENGEL FAMILY TRUST; PRA VIN P. ) BAKRANJA ANP VEENA P. BAKR.ANIA ) ~IVING TRUST;. PRJSM MANAGEMENT ) PENSION TRUST; RAI.$TO"N FAMILY ) TRUST; RAY W. MILLISOR TRUST D'.ID ) 1115/92; RICHARD A. OSHINS 1995 · ) REVOCABLE TRUST; RONALD J. FADEL ) !y(D. IRA; ~UTH OSHINS REVOCABLE ) FAMILY TRUST; S.CHW ARTZ FAMILY ) TRUST; SHARON GEORGE (FRIED:MAN); ) SS TRUST; TIIB CHERRY TRUST;. THE ) LeMA.lREFAMILYTRUST; TONI LYNN ) PUSATERI; VJCTORA C. PICKARD- ) BROWN TRUST; WOMEN,S C~ . . ) OB/GYN LTD.; and ALL PERSONS IN ) POSSESSION OR CLAIMING ANY RIGHT ) TO POSSESSION, . )

. ) Defendants. ) .

~~~~.,--'----~~~~~~~-')

·.

COMPLA.INT FOR FORECLOSURE OF CLAIM §'§Jf!EN - 3

COMES NOW the Plaintiff, Hap Taylor & Sons, Ille: doing business as Knife River

("Plaintiff' or "Knife River'')} by and through its. counsel of record, David T. Krlleck of the finn

TROUT. JONES. GLEDHILL. FUHRMAN, p .A., and complains and ~leges as follows:


1. The Plaintiff is> and ·was at' all times mentioned herein, a corporation duly

organized under the .laws of the state of Oregon authorized to do business in the state of Idaho

under the assumed business names "Knife River'} and "Masco) Inc."

2. The Plaintiff i$, and was at all times mentioned herein, an Idaho registered

cqntractor pursuant to Idaho Co~e § 54"5204 and is in good standing. .

. 3. The Defendant Extreme Line Logistics, Inc. ("Extrem~ Line") is, and was at all

times mentioned herein, a corporation duly organized under the laws of. the state of Idaho

·authorized to do business in the state of Idaho under th~ a.Ssumed business ·name .HExtreme Line " • •• ' •< •

. ..

Co!1$truction, Jpc.,, Extreme Line caus~d a Claim of Lif?n t? be recorded. against the Property

described in pajagraph 8 below on Decemb:'e!· ~9, 2007 as Instrument No. 2007081815, records

of Canyon County, Id~o in theam?untof$298,392.40.

4. The Defendant David A. Hunemiller, foe. ("Hunemi11er") is, and was at all times

mentioned her~in, .a corporation quly organized under the faws of the state ofl\laho. Hunemiller

caused a Claim of'Lien to be recorded against the Prqperty described in paragraph 8 below op.

December 21, 2007 as Instrument No. 2007082261, records of Canyon County, Idaho, in the . . .

amount of $30,943.75.

5. The Defendant SPF Water Engineering, LLC ("SPF'). is, and was at all times .

mentioned herein, a limited liability company duly organized un4er the laws of the state of

Idaho. SPF caused a. C!Erim of Lien to be recorded against the Property described in paragraph 8

COMPLAINT FORFORECLOSURE OF CLAil\§~IEN -4

below o~ January. 11, 2008· as Instrument No. 2008001980, records of Canyon County> Idaho, in

the amount of$18,735.44.

6. The Defendant Materials Testing & Inspection, Inc. ("MTI") is, and was at all

furies mentioned. herein, a corporation duly organized under the laws of fue state of Idaho. MTI


t:ebruary 26,. 2008 as Instnunent No. 2qosOI0009, records of Canyon County, Idaho, in the

amount of$3,975.02. · ·

7. The Defendant Rexius Fore.st By-Products, Inc. is, and was at all times mentioned

herein, a corporation duly ~rganized under the laws of the state of Oregon authorized to do

business in the state of Idah(J under the assumed busines~ name "Rexius'' ('~exius"). Rexius

caus~d a Claim of Lien to be recor~aj against the Property described in paragraph 8 below o:q. ·

February 21, 2008 .. as Instri;pnent No~· ~OQ80_09(}73, records of Canyon County, Idaho; in the . . . . . ·'..:. . . ,' ; '· ·, . ' ' .· '. '·'~. •. ,. . '. . . . :· . . .

amount of $1,657,497.00. 'iei1us is als~ identified a~ th~ Beneficiary to a Deed of Trust

recorded against the Property described in paragraph 8 below on October 30, '2007 as Instrument ' . ·~ . . .

No. 2007072105, records of Canyon.County, Idaho, to secure indebtedness in the amount of

$1,483,616.00.

8. 'The Defendant L222wl ID Summerwind, LLC ("L222wl'~) is, and was at all times

mentioned here~ a limited liability company .duly.organized under the laws of the state of

Idaho, and at all times mentioned herein· is, and was, the mvner or reputed owner of the ,real . . .

property ("P:i;-operty''), and improvements thereon, described as follows:

All of the re.al prop~rty describt;.d in the re~orded plat for Sum.merWind at Orchard Hills Subdivision Phase II filed in Book 39 of Plats. at Page 22 recQrds of Canyon County, Idaho, recorded on February 2, 2007, as Instrument No. 2007008406; EXCLUDING Lots 48, 52 and 62 in.Block 1 of the Sub~ivision and Lots 8, 10, 17 and 20 in Block 4 of the Subdivision.

COMPLAINT FOR FORECLOSURE O:F CLAIM cg ~~N ~ 5

9 ~ The Defendant Union Land Company, LLC ("Union L~d"), is, and was at all

times .mentioned herein, a limited liability company duly organized under the laws of the state of

Idaho. Union Land may claim an ownership ipterest in !he Property.

10. The Defendi;mt Integrate.d Financial Associates, Inc. ("Integrated Finan.ciaF>) is>


Nevada. Integrate4 Financial is identified as th.e Mortgagee to a mortgage recorded against the

Property on December 22, 2006 as InstruID:ent .No. 2006100908, 'records of Canyon County,

Idaho, to_ secure ~debtedness in the amount of $4,000,000.00. Integrated Financial is identified

as the Beneficiary to a Deed of Trust recorded against the Property on July 13, 2007 as


· . . amount of $9,500,000.00. Integrated Financial is also identified as the Beneficiary to a Deed of . . . .

· ·: ·· : :r.rru~t r{Xjorded against tfie Property on July. 13, 2007 as Instrument No. 200704869~;--records of> · ··

Canyon County, Idaho, to secure indebte~ess ~ the amount of $9t500>000.00. Integrated

. Fin~ncial is also identified as the B~neficiary ti? a Deed of Trust recorded against the Property on.

July 13, 2007 as Instrument No. 2007048606, records of Canyon County, Idaho, to secure . ' . '

indebtedness in the amount of $9,500,000.00.

11. The Defendants DANA McDANIEL KANNE SEP. PROPERTY TR U/AJD ' . .

4/27/1999; HENRY B. SOLOWAY 1991 IRREYOCABLE TRUST; HENRY B. SOLOWAY

2006. REVOCABLE FAMILY TRUST; JOHN R. GIBBS TRUST; KARIN B. SOLO\VAY

T~UST DTD 4/25/96; KING FUIT'S FUN FUNDS, LLC; MILTON BOZANIC; STEVEN E.

CLAYTON; RUTH D. MILLE LIVING TRUST; JON A .. GRIFFIN SR. AND JUDY A.

GRIFFIN REVOCABLE TRUST; MONROE FAMILY. TRUST; NEVADA TRUST

COMPANY.C/F DARYL ALTERWITZ, IRA; ANNETTE PARKER TRUST; JA KRETSCH . . .


COMPLAINT FO.RFORECLOSURE OF CLAIM qJ(t{fN • 6

BLANCHARD TRUST DTD 2/14/73; CARYL J. GUTH TRUST; D.A VID G. STIBOR D.D.S:

LTD. DBPP; DENNIS KYLE; DVS FAMILY _LIMITED PARTNERSHIP; LIB:tv1AN FAfAILY

TRUST; THE CATHY A. KAMMEYER LIVING TRUST DTD 9/25/91; DALE WYNN

LIVING TRUST; LYAN, LLC; PINNACLE HOLDIN'G ENTERPRISES, LLC; ROBERT R. . . . ~

BELLIVEAU TRUST; RUTH OSHINS REVOCABLE FAMILY TRUST; JA KRETSCH

FINANCIAL RETIREMENT PLAN; STANLEY PARER 'TRUST; ANNETTE PARKER

TRUST; Kff & KAREN GRASKI, JTWRS; PATRICK FLANAGAN TRUST; RICHARD &

HELEN CAROL ELLIS, JTWRS; ROBERT R. BELLivEAU TRUST; STERLING TRU~T

CO. CUST FBO. PATRJCK MICHAEL FLANAGAN, IRA; ANTHONY·c. & LINDA A.

PUSATERI FAMILY TRUST; ANTHONY DELIA TRUST; ARTHUR SNYDER; BEATRICE

S. BERNSTEIN :R£V. F A,M. TR FBO. C17-ROL B. OSHINS; BLANCHE M. CRAIG;

CARDWELL CHARITABLE TRUST·.CHAD &:ffAMARAVELLINGA FAlv.IlLY TRUST· ' ' . ''' .... ' .. . ' . . '

DEBORAH FRIBDMAN; DEBORAH .STOUT TRUST; DeETTE. CARTER REVOCABLE ' ' .

TRUST; DI BIASE 1979 TRUST; DUKJ? MARKETING, INC.; EDWARD H. OSHINS . '

REVOCABLE FAMILY TRUST; EVE JEANOS; FRANK R. NOLIMAL & ROBIN F. ' ..

NOLilvfAL FAMILY TRUST; GOLDEN LEGACY, LLC; HEATHER A. RALSTON TRUST;

JACQUELYN A. McDANIEL; JAMES AND REBA CARDWELL FAMILY TRUST; JANET

B. GLOVER; J,ANIE FRIEDMAN TRU~T; JAY A .. AND WUISE A. STEAD; JOAN

NEIMAN REVOCABLE TRUST; JOHN DAVID KRUGER FAMILY TRUST; JUDITH . ' .

1ROTTER OR BOB CHARLES TROTTER; KATHRYN BRYANT LIVING TRUST;

LAGYNA· CONStJLTANTS, LLC PROFIT SHARING P~; LARRY CARTER !RUST;

LARRY CARTER, .LORI CARTER» DAVID CARTER; MARGUERITE E. LUCE LIVING

TRUST; MARI4ENE B. NEVINS. LIVING TRUST; MARK HEESE; fyiARSHALL SHIELDS

IRA; MEENA .P. vo:gRA; MICHAEL AND GERI RUMBOLZ LIVING TRUST 2002;

COMPLAINT FOR FORECLOSURE OF CLAIM CW&-¥N -7

MUSTAPHA ASSI REV. LIVWG TRUST 6/23/03; PHILIP & ADELE ENGEL FAMILY

TRUST; PRAVIN P. BAKRANIA AND VEENA P. BAKRANIA LIVING TRUST; PRISM

MANAGEMENT PENSION TRUST; RALSTQN FAMILY TRUST; RAY W. J:vllLLISOR

TRUST DTD t/15/92; RICHARD A. OSH1NS 1995 REVOCABLE TRUST; RONALD J.

FADEL M.D. IRA; RUTH OSHINS REVOCABLE FAMILY TRUST; SCHWARTZ FAMILY

TRUST; SHARON GEORGE (FRIED:rvIAN); SS TRUST; THE CHERRY TRUST; THE

LeMAIRE FAMILY TRUST; TONI LYNN PUSATERI; VICTORA C. PICKARD-BRqWN

TRUST; WOlvfEN~S CARE OB/GYN LTD. (collectively referred to hereinafter as ('Assignees")

may claim a secured interest in the Property by way of assigrunents from Intewated Financial to

fractional interests in the mprtgage and/or Deeds of Trust described in paragraph 10 above

through Assigl1lllent instrun1ents recorded on: CD March 8, 200T as Instrument No. 2007016269,

recorqS:J)f;.Canyon.Qounty; Idaho; (2) March 8, 2007 as Instrument No. 2007016270, records of

Canyon Co~ty> Idaho; (3) .March 8, 2007, as Instrument No. 2007016271, r~cords of Canyon

County, Idaho; (4) March 8,· 2007, as Instrt.:11µ}.ent No. 2007016272, records of Canyon County,

Idaho; (5) Match 8, 2001 as Instrument No. 200716273, records of Canyon County, Idaho; (6)

March 8, 2007 as Instrument No. 200716274; (7) March 16, 2007 as Instrument No.

2007018395, recor<ls, of Canyon County, Idaho; (8) March 27, 2007 as Instrument No.

2007021352, records of Canyon County;Jdahq; (9) September 28, 2007 as Instrument No.

2007065531, r~cords of Canyon County, Idaho; ·(10) Sep~ember 28, 2007 as Instrument No.

2007065546, re.cords of Canyon County, Idaho; (11) September 28, 2007 as Instrument No.

2007065530, records of Canyon Co~ty, Id~o; (12) September 28~ 2007 as Instrument. No.

2007065545, records of Canyon County, Idaho; (13) September 28, 2007 as Instrument No.


2007065541, records of Canyon County> Idaho; (f5) October 2, 2007 as Instrument No.

COMPLAINT FOR FORECLOSURE OF CLAIM O~ 01fN - 8

. .. "

/

2007066074, records of Canyon County;·Idaho (16) October 2, 2007 as Instrument No.

2007066078, records of Canyon ~ounty, Idaho and (17) October 2~ 2007 as Instrument No.

2007066079, records of Canyon County, Ida:hq. The fractfonal interests each of the respective

Assignees may claim in the Propelfy are set forth and described in S"ections 13, 14, 15 and 16 of

Schedule B of the Litigation Guarantee described in paragraph 18 below and attached hereto as

Exhibit 'B.'

12. The Defendant Geneva Equities, LLC ("Geneva") is, and was at all times

mentioned herein, a limited liability company duly organized under the Jaws of the state of . ..

Idaho. Geneva is identified as the Beneficiary to a Deed of Trust recorded against the Property . .

qn July 17, 2007 as Instrument No. 2007049347, rec0rds of Canyon County, Idaho, to secure·

· indebtedness in the amourit of $3,629,000.00. ·aeneva js identified as the Benefici\UY to a Deed ' .

of.Trust reco-rded against the Property on.July 17, Z007·asfastriunent'No: 2007049348> records·

of Canyon County, Idaho, to secure indebtedness in the amountof $3,629,~00.00. Geneva is . .

identified as the . .Beneficiary to a Deed of Trust recorded '1;gainst the Property on July 17) 2007 as

In~trument N~. ·~007049349, records of C~yon County; Idaho, to secure indebtedness in the. . . .

amount of $3,629,000.00.

13.. The Defendant Tra?itional Sprinkler~ and Landscaping, Inc. ("Tr~ditional"): is,

and was at .. all times m,entioned herein, a corporation duly organized under the laws of the state of

Idaho.' Tra~tio,nal is identified as the Ben~ficiary to a Deed of Trust recorded against the

Property on December 27, 2007 as Instrument No. 2007083044~ records of Canyon County,

Idaho, to secure indebtedness in the amount.of$20,850.0~. 14. ·The pefendant Co~ger Management Group, Inc. ("Conger") is, and v:ras at all

times mentioned herein, . a corporation duly organized under the laws of the st~te of Idaho.

Conger is identi_fied as the Benefidary to a Deed of Trust recorded against the Property .on

COMPLAJNT FOR FORECLOSURE OF CLAIM ~N -9

Janumy 11) 2008 .as Instrument No: 20080020.79, records of Canyon County, Idaho, to secure

indebtedness in the amountof$21,766.21.

15. The Defendant Dennis Phipps Well Drilllng, Inc. ("Dennis Phipps") is, and was at

all times mentioned herein, a corporation duly organized undvr the lawp of the state of Idaho.

Dennis Phipps is identified as the Beneficiary to a Deed of Trust recorded against the Property

on January 22, ~~.08 as Instrument No. 200800~913, records of Canyon County, Idaho, to secure

indebtedness in the amount of$6,135.00.

16. On October 25> 2007, the Plaintiff caus€'.d a Claim of Lien to be recorded against

the Property as Instrument No. 2007071~08, records of·Canyon County, Idaho, in the amount of

$217,862.32. A true and correct copy of the Claim of Lien is attached hereto as Exhibit 'A/ and

is fully incorporated hereh1 'by this reference. ·

17. The PlaioJiffincwred~reCQrd,ing qosts in the amount of $39.00 to record its Claim

of Lien.


Guarantee from ·First American Title Company for the Property in the amo~t of $959.00. A

true and correc~ copy· of the Litigation Guarcµitee is attached hereto as Exhibit 'B, t and is ~lly


19. All acts complained of herein took place in. Canyon County> Idaho.

20. This Col;!Ii: has jurisdiction over the parties and the Property, and venue is proper


·COUNT ONE

Lien Foreclosure Claim Against L222:-1, Union Land~ Hunemiller, SPF, MTI, Extreme

Line, Integrated F~~mcial, Assimees, Geneva, Tr:ul~tionaI, Rexius, Conger, Dennis Phipps

21. Plai~tiff hereby incorporates by reference paragraphs 1 through 20 above\ as . .


22. The Plaintiff entered into a contract with Extreme Line to provide labor, materirus

and equipment used in the construction or improvement of the Property.

23. m accordance with the tenns of said contract, the Plaintiff provided said labor,

materials and equipment .to the Property, and said labor, materials and equipment were used and

installed hi and about the Property.

· 24. The whole of the Property is reqµ:ired for the convenient.use arid occupancy of the .

.... ) ._ iipproyements,situated thereon.

25. In accordance with the terms .of said contract, the Plaintiff furnishe9- Jhe labor,


' 22, 2006 and August 29, 2007.

26. Knife River has np.t been fully compensated for the labor, ·materials and

· equipment provided in the construction of the Property.



28. . On October 26, 2007, the Plaintiff caused a copy of the Claim of Lien to be sent

to Status Homes ~d its registered agent by certified mail) return receipt requested.

29. . ·The Plaintiff recprded its Claim of Lien within ninety (90) days from the time it


COMPLAINT FOR FORECLOSURE OF CLAIM·Cf:f~N -11 .

30. : The Plaintiff claims an interest in and to the Property pursuant to its Claim of

Lien, and any right, title, claim or interest of the Defendants L222wl, Union Land, Hunemiller·,

SPF, MTI, Extreme Line, Integrated Financial, Assignees, Geneva, Traditional, Rexius, Conger

an<:J. Dennis Phipps (or any other interested parcy or person-in and to the subject property, as such

right, title, claim or interest exists) is junior and subservient to the interest of the Plaintiff in the

Property.

31. the Plaintiff is entitled to a decree allowing the foreclosure of its interest against

the Property in the a:fu.ount of $198,928.53, plus attorney's fees, costs and intyrest, and/or a

detennination of the respective· rights of the parties herein and any others· who claim an interest

in the Property.

32. Pl;;tlntiff has been damaged in.:an amount to be determined at trial, but not less

than the jurisdictional minimum requited by this Court, plus interest thereon at the maximum ' .


COUNT TWO


· 33. Rlaintiff hereby incorporates by reference paragraphs 1 through 32 above, as


34. The Plaintiff and Extreme Line entered into a ·binding C0;1ltract, whereby the

Plaintiff agreed to perfonn certain work for Extreme Line on the Property.

35. Pursuant to the tenns of the contract between the parties, Extreme Line agreed to.

fylly compensat.y the Plaintiff for the labor .and equipment provided by the Plaintiff to the

Property.

36. The Plaintiff performed all of its obligations under the terms of the Plainti.rrs


CO:MPLAINT FOR FORECLOSURE OF CLAIM wtffiEN • 12


38. The Plaintiff has been damaged by Extreme Line's breach of contract in an . ·. "

amount to be determined at trial, but not less than the jurisdictional mini.mum required by fills


COUNT THREE

Unjust Enrichment <;Iaiin Against Extreme Line


herein.

40. The Plaintiff conferred a benefit upon Extreme Line through the constrnotion

work the Plaintiff performed at the Plaintiffs expense .

. 41. Extreme Line appreciated the benefits conferred :upon it by the Plaintiff to .the

•·· :.P1afntiffs detrU:nent. ·· . '

42. Extrt<my Line has accepted arid retained the benefits conferred 11.pon. it by the . .

Plaintiff under such. circumstances as to m$:e it inequitable for Extreme· Line to retain such

benefits without' the payment of the value of suqh benefits to the Plaintiff.

43. Extreme Line has been unjustly enriche~ in an amount to be detennined at trial,

but not less than: the jurisdictional minimum required by this court, phis interest thereon at the

maximum rate aliowed by law.


44. Plaintiff hereby inc9rporates py. reference paragraphs 1 through 43 above, as

though fully set fo,rth herein.

45. Pursuant to Idaho Code§§ 12-120, 12-121 and 45-513, and Rule 54 of the Idaho

Rules of Civil Procedure, the Plaintiff is entitled to rt:cover reasonable attorney,s fees and costs

for the prosecution. of this action. The Plaintiff has retained the :finn of TROUT t JONES +

. COMPL~T FOR FORECLOSURE OF CLAJl\tr~ftXEN.-·13

GLEDHILL + FuHRMAN, P.A. to prosecute this action. The sum of Five Thousand Dollars

($5,000. 00) is a reasonable attorney's ~ee for the prosecution of this action if it is uncontested.

46. In .addition to recovery of the Plaintiffs attorney's fees and costs, the Plaintiff is


'PRAYER FOR RELIEF



1. That the Court enter an order declaring ~at the Plaintiff has a valid lien against

the Property in.the amount of$198t92853, plus interest and·attomey's fees;

· 2. That the Court declare that the Defendants L222-1, Union Land, Hunemiller, SPF,

MTI> Extreme .Li.ne, Tntegrated Financial, Assi~ees, Geneva, Traditionaj, Rexius, Conger and

. Dennis Phipps (f!! any other interested party or person fo; tind to the subject property, as such

right, title, clain1 or interest exists), have only such claim of interest in the Property ·as is . . .

subordinate, junior and inferior to the Plaintiffs lien;

3. That the Property, and all imprqvements, structures and appurtenances thereon; be

sold according to law, and that the.p~oceeds pf.such sale be applied to satisfy the Plaintiffs claim

and total judgment;

4. In the event the proceeds fronl: the sale 9f the Property are insufficient to satisfy

the amounts due to the Plaintiff (together with: the costs· of sale and other proper charges), the

Plaintiff have a juqgment against.the Defendant Extteiµe Line for such deficiency, together. with

interest thereon .at ~e highest legal rate <;illowe4 lllltil paid in full;

5. F?r the Court to enter its decree for the sale of the Property by the Canyon County

· Sheriff, and that the proceeds of such sal~ be applied to all payments due and owing to the

Plaintiff;

COMPLAINT FOR FORECLOSURE OF CLAIM {g'MJ£N • 14

. . .. . 6. · 'for entry of a Judgment agamst Defendant Extreme Line awarding damages to


7. For an award of reasonable attorney's fees and costs, ~ncluding the costs for

recording and preparing the Plaintiffs Claim of Lien; and . . . . '


ff' . DATED this o(( day of April, 2008..

TROUT·-+ JONES t GLEDHILL t FUHRMAN, P.A.

COMPLAINT FOR FORECLOSURE OF CLAil1Rfg,lEN • 15

EXHIBIT 8-A

610

:· ~ o o 1 a 7 1 9 o a

RECORDED·

200? OCT 25 PPl 3 19

TAKE NOTICE that Hap Taylor & Son~, Inc. dba Knife River~ an Oregon corporation authorized to do business in the state of Idaho under the assumed business nam~ Knife River, the Claimant herein, claims a lien against the real property hereinafter described,. for money due and

... · • owing for improvements perfonned) including but not limited to labor, equipment and materials> . tt;> said real property. This Claim of Lien is for the value of Claimanf s materials, supplies and

::'.,:;~laJ?.or; Jtnd ·.against ·the buildings being constructed on the premises, the 'land upon which .tll~: ::·. · buildlligs are located and a convenient space about the same, or so much as ·may be required for ··· ·

. . ,, ,. the c0iiveriient use 'and oceupation thereof. . ' .

Said labor and/or materials or equipment was performed and/or furnished at the request of Extreme Line LogiStics, Inc. d/b/a Extreme Line Construction, Inc., ·and perfonnance by Claimant was ceased or completed on or about August 29, 2007.

The. real property subject to the lien is located in the County of Canyon, State of Idaho> and is more-particularly described as follows:

All of the r~al property described fu the recorded plat for SummerWind at Orchard Hills Subdivision Phase I attached hereto, and fully incorporated

··herein by this .reference, as Exhibit 'A,' filed in ·Book 39 .of Plats at P?ge 21 records of Canyon County, Idaho, recorded on February 2, ·2007, as Instrument No. zoo700840S; EXcLpDING Lots 1 and 9 in Block 2 of the Subdivision.

The names and addresses of the owners or reputed owners of said real property is:

.Union Land Company, LLC 1059 East Iron Eagle Drive, Suite B E'agle> Idaho 83616

Cl'..,AIM OF LIEN· 1

611

L222-l ID Summerwind, LLC 1059 East Iron Eagle Drive, Suite 155 Eagle, Idaho 83616

L222-2 ID Summenvind, LLC 1059 East Iron.Eagle Drive~ Suite 155 Eagle, Idaho 83616

The name and address of the registered agent for all of the owners or reputed owners of said real property identified herein is:

Kerry Angelos l 059: East Iron ~agle Drive, Suite 155 Eagle, Idaho 83616

The amount unpaid to Claimant, after deducting all just credits and offsets, for which this lien is claimed, is $217,385.82, plus interest pursuant to Claimant's contract with Extreme Line Logistics, Inc. ·

WHEREFORE·, the Claimant hereby claims a lien against the above-described real property 'qnd against the improvements·.tocate.d=·thereomfor;,thesajd· SUln; of $217,385.82. Claimant also clhlms a lien against the real property .described.he~in for the sum of $437.50 for reaso~Ie attorney's fees incUtted in prepanng this Claiin of Lien, the suni of $39.00 for recordfug this Claim of Lien~ and. for further reasonable attorney's feest costs and acciu:ing interest relating t6 the foreclosure of this lien.

The undersigned is knowledgeable of the matters stated herein and verily believes the same to be triie and just. The undersigned will mail a tru~ and correct copy ofµiis Claim of Lien to: 1) the owner or reputed owner by certified mail, return receipt requested, postage prepaid; and/or 2) the registered agent of the owner or reputed owner at the foregoing address by certified mail, return receipt requested, postage prepaid within five (5) business days of filing this Claim of Lien for ~ecor4ffig with the Canyon County Recorders' office. . · ·

DATED this z5t1i day of October, 2007 ..

TROUT+ JONES t GLEDHILL+ FuHRW..N, P.A. ' ' . .

D vi T. Krueck Attorney and Authorized Agent for Hap Taylor & Sons, Inc. dba Knife River

CLAil\I( OF LIEN - 2

612

VERIFICATION

STATEOFIDAHO ) ) ·ss.

County of Ada ) .. ~ . . .

011 this~ day of October, 2007, before me, the undersigned, a Notary Public in and for said state> personally ~ppeared David T. Knieck, known or identified to me to be the person whose name is subscribed to the within instrument, and who, being by me first duly swom, declared that he is·the attorney and agent for Hap Taylor & Sons, Inc. dba Knife Riv.er· That he signed the foregoing document as the attorney in fact for Hap Taylor & Sons, Inc., and that the statements therein contained are true and just.

_NOTARY PUIJW<; fQl1!S1'4TE OF IDAHO Residing at:-~ l My Commission Expires: ~ ~ \ \ant 1.

CLAIM OF LIEN· 3

613

DA YID T. K.RUECK, ISB No. 6246 TROUT+ JONES+ GLEDHILL t FuBRMAN, P.A. 225 North 9th Street) .Suite 800 P.O. Box 1097 Boise,ID 83701-1617 Telephone: (208) 331-I 170 Facsimile: (208) 331-1529 Email: [email protected]


F L E. D __ __.,.M. P.M.

APR 2 2 2008 CANYON COUNTY CLERK

T WHITE, DEPUTY

IN THE DISTRICT COURT OF THE THJRD JUDICIAL DISTRICT

OF THE STATE OF IDAHO, IN AND FOR TIIE COUNTY OF CANYQN

HAr TAYLOR & SONS; INC. d/b/a KNIFE ) · RNER, an Oregon corporation doing business)

as Knife River, ) . )

Plaintiff, ) )

.vs. ') )

L222-1 lD SUMMERWIND, LLC, an Idaho ) Iimif:e4 liability company; 1222-2 ID . ) SUMMERWIND, LLC, aµ Idaho limited ) liability company; L222-3 ID · ) SUMMERWlND, LLC, an Idaho limited ) liability company; UNION LAND ) C011P ANY, LLC, an Idaho limited liability ) company; REXIUS FOREST BY- ) PRODUCTS, INC. d/b/a REXIUS, an Oregon ) corporation doing busine~s as Rexius; ) PA.R.AD'ISE EXCA V 1\TION & ) CONSTRUCTION, INC.,~ Idaho ) corporation; PMA, INC., an Idaho corporation;) RIVERSIDE, JNC., an Idaho corporation; ) STANLEY CONSULTANTS) INC., an Idaho )

. corporation; CONGER MANAGEMENT ) GROUP, INC., an Idaho corporation; ) DENNIS PHIPPS WELL DR1LL1NG, lNC., ) an Idaho corporation; TRADITIONAL ) SPRJNKLERS AND LANDSCAPING, INC., ) ari, Idaho corporation; EXTREME LINE ) LOGISITICS, INC. d/b/a EXTREME LINE )

Case No.

COMPLAINT FOR FORECLOSURE OF CLAIM OF LIEN

· COMPLAINTFORFORECLOSUREOFCLAIMOFLlEN-1 . JLJ0Ge JUNEAL C. KF.RffU~if

615

' ..

CONSTRUCTION, INC., an Idaho ) corporation doing business as Extreme Line ) Construction, Inc.; DA YID A. ) HUNEMJLLER, INC., an Idaho corporation; )

· SPF WATER ENGJNEERJNG, LLC> an Idaho) . limited liability'company; MATERIALS )

TESTillG & Ilq'SPECTION, INC., an' Idaho ) corporation; INTEGRATED FINANCIAL ) ASSOCIATES, INC:, a Nevada corporation; ) GENEVA EQUITIES; LLC, an Idaho limited ) liability company; DANA McDANIEL ) KANNE SEP. PROPERTY TR U/ AID ) 4/27/1999; HENRY B. SOLOWAY 1991 ) IRREVOCABLE TRUST;HENRYB. ) SOLOWAY 2006 REVOCABLE FAMrLY ) TRUST; JOHN R. GIBBS TRUST; KARIN B.) SOLOWAY TRUST DTD 4/25/96; KING ) PUTT'S FUN FUNDS, LLC; MILTON ) BOZANIC; STEVEN E. CLAYTON; RUTJI ) D. MILLE LIVING TRUST; JON A. ) GRIFFIN SR. AND JUDY A. GRIFFIN ) REVOCABLE TRUST; MONROE FAMILY ) TRUST; NEV ADA TRUST COMP ANY CIF ) DARYL ALTERWIJ'Z, IRA; ANNETTE ) PARKER TRUST;JAKRETSCH. ) FINANCIAL ~TIREMENT PLAN; JASON ) PARKER; KARL! PARKER; RENE C. ) BLANCHARD TRUST DTD 2114173;· ) CARYL J. GUfH TRUST; DAVID G. ) STIBOR D.D.S. LTD. DBPP; DENNIS ) KYLE; DVS FAMILY LIMITED ) PARTNERS_HIP;· LIBMAN FAMILY ) TRUST; THE C-f\.J'HY A. KAMMEYER ) LIVING TRUST DTD 9/25/91; DALE ) WYNN LIVJNG TRUST; LYAN, LLC; ) PINNACLE HOi;,DING ENTERPRISES> ) LLC; ROBERT R. BELLIVEAU TRUST; ) RUTH OSHINS REVOCABLE FAMILY ) TRUST; JA KRETSCH FINANCIAL ) RETIREMENT PLAN; STANLEY P AHER ) TRUST; ANNETTE PARKER TRUST; KIT ')

. & KAREN GRASKI, JTWRS; PATRICK ) FLANAGAN TRUST; RICHARD & HELEN ) CAROL ELLIS, .. JTWRS; ROBERT R. ) .BELLNBAU TRUST; STERLING TRUST . ) CO. CUSTFBQPATRICKMICHAEL - ) FLA1;lAGAN, IRA; ANTHONY C. & LINDA) A.PUSATERI FAMILY TRUST; )

· COMPLAINT FOR FoRECLOSURE OF CLAIM OF LIEN - 2:

616

''. ·~:

. . ANTHONY DEL.IA TRUST; ARTHUR ) SNYDER; BEATRICE S. BERNSTEJN REV.) FAM. TR. FBO CAROL B. OSHINS; ) BLANCHE M. CRAIG; CARDY!ELL . ) ' C}IARITABLE ).'RUST; CHAD & TAMARA.-) VELLJNGA FAMILY TRUST; DEBORAH ) FRIBD:tv:IAt'\l; DEBORAH STOUT TRUST; ) DeETI.E CARTER REVOCABLE TRUST; ) DI BIASE 1979 TRUST; DUKE ) MARKETING, INC.; EDWARD H. OSHINS ) REVOCABLE .FAMILY TRUST; EVE ) JEANOS; FRANK.R. NOLIMAL & ROBIN ) F. NOLIMAL FAMILY TRUST; GOLDEN ) LEGACY, LLC; HEATHER A. RALSTON ) TRUST;·JACQ"!JELYN A. McDANIEL; ) JAMES AND REBA CARDWELL FAMILY ) TRUST; .JANET B. GLOVER; JANIE . ) FRIEDMAN TRUST; JAY A. AND LOUISE ) A. STEAD; JOAN NEIMAN REVOCABLE ) TRUST; JOHN DAVID KRUGER FAMILY ) 1:RUST; JUDITH TROTTER OR BOB ) CHARLES TRO;ti'ER; KATHRYN . ) BRYANT J.,M"t}[G TRUST; LAGQNA . ) CONSULTANT,S, LLC PROFITSHARINO )

. PLAN; LARRY CARTER TRUST; LARRY: ) CARTER;. LORI,CARTER, DA VlD ) CARTER; MARGUERITE E. LUCE LIVING)

. TRUST; MAR.ILENE B. NEVINS LIVING ) TRUST; MARK HEESE; MARSHALL ) SHIEI,,DS IRA; MEENA P. :VOHRA; . ) MICHAEL AND GERI RUMBOLZ LIVING ) TRUST 2002; MUSTAPHA ASSI REV. ) LIVING TRUST 6/23/03; PHILIP & ADELE ) ENGEL FAMILY TRUST; PRA VI'.N P. .. ) BAKRAN;rA AND VEENA P. BAKRANIA: ) L+\'ING TRUST; PRISM MANAGEMENT ) PENSION TRUST; RALSTON FAMILY . ) TRUST; RAY W. MILLISOR TRUST DTD ) 1/15/92; RICHARD A. OSHINS 1995 ) REVOCABLE TRUST; RONALD J. FADEL ) M.D. IRA; RUTH OSHINS REVOCABLE ) FAMILY TRUST; SCHWARTZ FAMILY ) TRUST; SHARQN GEORGE (FRIEDMAN); ) SS TR.UST; THE. CHERRY TRUST; THE ) LeMAIRE FAMILY TRUST; TONI LYNN ) PUSATERI; VIC:TORA C. PICKARD- ) BRdWN TRUST; WOMEN'S CARE ) OB/Q~ LTD.; and ALL PERSONS IN )

COMPLA.INT FOR FORECLOSURE OF CLAIM OF LIEN - 3

617

POSSESSION OR CLAWING ANY RIGHT ) · TO J:'OSSESSION, )

) Defendants. )

) ~~~~~~~~~~~~~~~

... . '

COMES NOW the Plaintiff, Hap Taylor & Sons,' Inc. doing business a_s Knife River

("Plaintiff' or ''Knife River'°), by ·and through its counsel of record, David T. Krueck of the firm

TROUT+- JONES. GLEPHILL .. FuH:RMAN, P.A._, and complains and alleges as follows:

JURISDICTION AND vENUE

1. The Plaintiff is, ·and was at all times mentioned her~ a .corporation duly


under the assumed business names "Knife River'' and "Masco, Inc.''

2. . . .. The Plaintiff is, and .was at all times mentioned herein, an Idaho registered

contra~tdf ptrrsriruit to.Idaho Code§ 54-5204 and is in good standing.


times· mentione,d herein, ~ corporation duly organized under the laws of the state of ~daho

authorized to dq business in the state of Idaho- under the assumed busip.ess name "Extreme Line

Construction, Inc.': ~xtrerne Line caused a CI~ of Lien to be recorded against the Property . .

·described in paragraph 11 below ou December 19, 2007 as fustrument No. 2007081815, records

of Canyon Coun!:Y, Idaho in the amount of$298,392.40.

4. The Defendant David_A. Hunemiller, file. ("Hunemilier'') is, and was at all times

rnentio11ed herein; a corporation duly organi~e.d under the laws of the state of Idaho. Hunemi1ler


Decemb.er 21, 2007 as Instnunent No. 2007082261, records of Canyon County, Idaho,' in the

amount of $30,943.75.


618

5. The Defendant SPF Water Engineering, LLC ("SPF") iS> and was at all times

· mentioned herein, a limited liability company duly orgamzed ~qer the laws . of the state of

Idaho. SPF ca~sed a Claim· of Lien to be recorded against the Property desciibed in paragraph

11 below on Janpary 11, 2008 as Instrument No. 2008001980, records of Canyon County, Idaho,

in the.amount of $18,735.44.

6. The Defendant' Materials T~ting & Inspection1 Inc. ("MTP')· is, and was at all

times mentioned. herein, a corporation duly organized under the laws of the state of Idaho. 1vl.TI

calised a Claim of Lien to be recorded against the Property described in, paragraph 1 ~ below on February 26, 2008 as Instrument No. 2008010009, records of Canyon County, Idaho,·in the

amount of$3,975.02 .

. 7. The Defendant Stanley Consultants, Inc. ("Stanley") is, and was at all times

mentioned herein, a corporation duly organized under the laws of the state of Idaho. Stanl~Y ... " ·:: .. , .. '.'. ·.

v'H·~ ~·"> . ._' .

..... ·~aused· a Claim of Lien to be recorded ~gainst the PropertY described in paragraph j 1 below on

February 22, 2008 as Instrument No .. 20080.09213, records of Canyon County, Idaho, in the

~ount of:$26,185.25.

8. The Defendant Paradise Exeavation & Construction; Inc. (''Paradise Excavation'')

. is, and was ~t all times mentioned herein, a c-0rporation duly organized under the laws of the

state of Idaho. Paradise Excavation caused a Claim of Lien to be recorded against the Property

described in paragraph 11 below on November 27, 2007 as Instrument No. 2007077408, records

of Canyon County, Idaho, in the amount of $15,100.00.

9. · The Defendant PMA, Inc. ("P~.I\.") is, and was at all ~es mentioned herein, a

corporation duly organized under the laws of the state ofldaho. PMA causeff a Claim of Lien to

be recorded 'against the Property described i~ ·paragraph 11 below on December 10, 2007 as

Instrument No. 2.q07079792, records o.f Canyon County, Idaho, in the amount of $51,667.06.

COMPLAINT FOR FORECLOSURE OF CLAIM OF LIEN:. 5

619

10. The Defendant Rexius Forest By-Products, Inc. is, and was at all times mentioned

herein, a corporation duly organized under the laws of the state of Oregon autho1ized to do

business· in the state of Idaho under the assumed business name "Rexfus" ("Rexius"), Rexius

caused a Claim 'Of Lien to be recorded against the Property described. in paia.graph 11 below on

. " ;February 21, 2008 as Instrument No. 2008009073, records of Canyon County, Idaho, in the

. . . amount of $1,657,497.00. Rexius is also identified as the Beneficiary to a Deed of Trust

recorded aga.inst' th.e Property described in paragraph 11. below on October 30, 2007 as


amount of$1,483,616.00.

11. The Defendant L222-1 ID Summenvind, LLC (HL222- l ") is, and was at all times

mentioned herein, a limited liability comp~y duly organized under the laws of the state of

Idaho, and at all times mentioned herein is, and Wall, fue ()~et: or reputed (J'Nnei of the real < • • • • •• ~ • • • • ~.

property ("Property''), "an~ improvements thereon, ·described as folfows:· ·

All of the real property described f.n the recorded plat for SumrnerWind at Orchard Hills Subdivision Phase i ~ed in Book 39 of Plats at Page 21 records· of Canyon County, Idaho, recorded. on February 2, 2007, as Instrument No. 2007008405; EXCLUDING Lots 1 and 9 in Block 2 of the Subdivision. . ·

12.. The Defendant Union Land Companyt LLc ("Union Land"), is, and was at all

times menti~ned.herein, a limited liability ·~mpany duly organized under the laws of the state of . .

Idaho. Union Llind may claim an ownership interest in the Property.

13. The. Defendant L222-2 Summerwind, LLC·("L222-2"), is, and was at all times


Idaho. L222-2 may claim an ownership interest in the Property.

COMPLAINT FOR FORECLOSURE OF CLAIM: OF LIEN - 6

620

14. 'The Defendant L222-3 Summerwind, LLC ("L222-3"), is, and was at all tin1es


Idaho. L222-3 may' claim an ownership interest in the Property.

15. The Defendant Integrated Financial Associates, Inc. ("fotegrated Fi.118..i1cial") is,

and was at all times mentioned herein, a corpdration duly organized under the laws of tfie state of

. Nevada. Integrated Financial is identified as the Mortgagee to a mortgage recorded against the ·


Idaho, to secure indebtedness in the amotn;lt of $4,000,000.00. ·Integrated Financial iS identified

as the Beneficiary to a Deed of Trust recorded agaii_ist the Property on July i3, 2007 as

Instrum~t No. 2007048601, re.cords of Canyon County, Idaho, to secure indebtedness in tj:le

amount of $9,500,000.00. Integrated Financial is also identified as the Beneficiary t-0 a Deed of

Trust recorded against the Property on J:q.ly 13, .2007 as Instrument No. 2007048602, records of .. · .:•:··. · .. --.. ·.·., ' . - .,

Canyon County,_ Idaho, to se~ure indebtedness in the amount of $9,500,000.00. Integrated

Financial is also identified as the Beneficiary to a Deed of Trust record~ against the Property on

July 13; 2007- ~- Instrument. No. 20070486.06, records of Canyon County, Idaho, to secure

indebtedness in the amount of $9,500,000.00,

16. The Defendants DANA Mc,DANIEL KANNE SEP. PROPERTY TR U/ND . .

4/27/1999; HE~Y B. SOLOWAY 1991 IRREVOCABLE TRUST; HENRY B. SOLOWAY

2006 REVOC~LE FAMILY._TRUST; JC?HN R. GIBBS TRUST; KARIN B. SOLOWAY

TRUST DTD 4/2::,/96; KING FUTT'S FUN FUNDS, LLC; MILTON BOZANIC; STEVEN E.

C,LAYTON; RUTH D. MILLE LIVING TRUST; JON A. GRIFFIN ·SR. AND . JUDY A.

GRIFFIN REVO~ABLE TRUST; MONROE FAMILY TRUST; NEV ADA TRUST

CO"MPANY CfF DARYL ALTER\VITZ, ·IRA; ANNETTE PARKER TRUST; JA KRETSCH



621

. . BLANCHARD·'fRUST DTD 2114173; CARYL J. G~ TRUST; DAVID G. STIBOR D.D.S.

LTD. DBPP; DENNIS KYLE; DVS FAlvfILY LIMITED PARTNERSHIP; LIBMAl"\;f FAMILY t

TRUST; THE CATHY A: KAlvfMEYER LIVING TRUST DTD 9/25/91; DALE WYNN . . . . LIVING TRUST; LYAN, LLC; Pfr-.INACLE HOLDING ENTERPRISES, LLC; ROBERT R.

BELLIVEAU TRUST; RUTH OSHINS REVOCABLE FAMJLY TRUST; JA KRETSCH

FINANCIAL RETIREMENT PLAN; STANLEY P AHER TRUST; ANNETTE PARK.ER . .

TRUST; KIT &: ~· GRASKI, JTWRS; PA~CK FLANAGAN TRUST;. RJCHARD &

HELEN CAROL ELLIS, JTWRS:; ROBERT R. BELLIVEAU TRUST; STERLING TRUST

CO. CUST FBO PATRICK MICHAEL FLANAGAN, IRA; ANTHONY C. & LINDA A.

PUSATERr FAMILY TRUST; ANTHONY DELIA TRUST; ARTHUR SNYDER; BEATRICE

S. BERNSTEIN ~V. FAM. TR. FBO CAROL B. OSHINS; BLANCHE M. CRAIG;

CARDWELL CHAR1TABLETRUST; CHAD & TAMARA VELLINGA FAMILY TRUST; I.•,•.

D.EB0RAH FlUEDMAN; DEBORAH STOUT TRUST; DeETTE CARTER REVOCABLE

TRUST; DI BIASE 1979 TRUST; D~ MARKETING, INC.; EDWARD H. OSHINS

REVOCABLE FAMJLY TRUST; EVE JEANOS; FRANK R. NOLIMAL & ROBIN F.

NOLI.MAL FAMiLY TRUST; GOLDEN LEGACY, LLC; HEATHER A1 RALSTON TRUST; . ~ . .

JACQUELYN A. fyfoDANIBL; JAMES AND REBA CARDWELL FAMILY TRUST; JANET

B. GLOVER; ~ANIE FRIEDMAN TRUST; JAY A.. AND LOUISE A. STEAD; JOAN ..

NEIMAN REVOCABLE TRUST; JOHN .DAVID KRUGER FAMILY TRUST; JUDITH

TR<?TTER OR . BOB CHARLES TROTTER; KATHRYN' BRYANT LIVING TRUST;

LAGUNA CONSULTANTS, LLC PROFIT .SHARING PLAN; LARRY CARTER TRUST; . .

LARRY CARTER; LORI CARTER, DAVID CARTER; MARGUERITE .E. LUC:E LIVING ·

TRUST; ~ENE B. NEVINS LIVING TRUST; 1.v.LµtK HEESE; MARSHALL SHIELDS

IRA; ME~NA P. VOHRA; MICHAEL AND GERI RUMBOLZ LIVING TRUST 2002;

COMPLAINT FOR FORECLOSURE OF CLAIM OFL~ ~ 8

622

MUSTAPHA ASSI .REV. LNWG TRUST 6/23J03; PHILIP & ADELE ENGEL FAl\11LY

TRUST; PRA VIN.'P. BAK.RANIA AND VEENA P. BAKRANIA LIVING TRUST; PRISM

MANAGEMENT PENSION TRUST; RALSTON FAf\1ILY TRUST; RAY W. MILLISOR . .

TRUST DTD 1/15/92; RICHARD A. OSHINS· 1995 REVOCABLE TRUST; RONALD J.

FADEL M.D. IRA; RUTH OSH'.INS REVOCABLE FAMILY TRUST; SCHWARTZ FAMILY


LeMAIRE FAMILY TRUST; TONI LYNN PUSATERI; VlCTORA C. PICKARD-BROWN .

TRUST; WOMEN'S CARE OBfGYN LTD. (collectivel)'.'referred to hereinafter as "Assignees'')

may claim a secured interest in the Property by way of assignments from Integrated Financial to

fractional interests in the m01tgage and/or Deeds of Trust described in paragraph 15 above

thrQugh Assignment in'struments recorded on: (1) Mar~h 8, 2007 as Instrument No. 20070i6269,

records of Canyon County, Idaho; (2) March 8, 2007 as Instrument No. 2007016~7(}; records. of

Canydn County,. Idaho; (3) March 8, 2001, .as Instrument No. 200101627·I;'>iefui<l~ "o.f'Canyo~

County, Idaho; (4) March 8, 2007, as Instrument No. 2007016272, records of Canyon County,

Idaho; (5) March 8, 2007 as fustrument No: 200716273, records of Canyon County, Idaho; (6)

M~ch 8, 2007 aS Instrument No. 200716271;. (7) March 16, 2007 as Instrument No.

2007018395, records of Canyon County, Idaho; (8) March 27, 2007 as Instrument No.

2007021352, reeords of Canyon County, Id;ilio; (9) September 28, 2007 as Instrument No.

2007065529, r~rds of Canyon CountY, Idaho; (10) ·September 28, 2007 as Instrument No.

2007065544, r«CQrds of Canyon County, Idaho; (11) September 28, 2007 as Instrument No.

2007095528, ·records pf Canyon County, Idaho; (12) September 28, 2007 as Instrum.ent No.

2007065543, rec;e>rds of Canyon County, Idaho; (13) September 28, 2007 as Instrument No.


2007065542, te_GOrds of Canyon County, I~a_ho; (15) September 28, 2007 as ~strument No.

COMJ.>LAINT FOR FORECLOSURE OF CLAIM OF LIEN - 9

623

,··

2007065526) records of Canyon County, Idaho; (16) September 28, 2007 as Instrument No.

2007065541, records of Canyon County, Idaho (17) October 2, 2007 as Ipstrument No.

2007066077, reeords of Canyon County, Idaho (18) October 2, 2007. as ·Instrument No ..

2007066076, records of Canyon County, Idaho; (19) October 2, 2007 as InsL.w11ent No.

2007066075, records of Canyon County, Idaho; and (20) October 2, 2007 as Instrument No.

2007066074, records of Canyon County, Idaho. The fractional interests each of the respective

~ssigtiees may claim in the Property are set forth and described in Sections 14, 15, 16, 17 and 18

of Schedule B of the Litigation Guarantee described in paragraph 24 below and attached hereto

as Exhibit 'B.'

17. The Defendant Geneva Equities, LLC ("Geneva") is, and was at all times

mentioned herein1 a limited liability co:inp~y · duly o+gmed under the laws of the state of

Idaho. Geneva is identified as the Beneficiary to ?-:P¢ed. oCfrn.strecorcied against the Property

on July 17, 2007 as Instrument No. 2007049:34i;'"rgcordS oI Ca'.riyon :Cciuntyt. Idaho, to secure

indebtedness ui.the amount of $3,629,000.00, .. Geneva is identified as the Beneficiary to a Deed · . . ' . . '

of.Trust recorded against the Property on July 17, 2007 as Instrrunent No. 2007049348, records

of Canyon County; Idaho, to secure indebtedness.in the amount of $3)629,000.00. Geneva is . . . .

identified as the l?eneficiary to a Deed of Trust recoi.:ded against the Property on July 17, 2007 as

Instrument No. ~W07049349, records of Canyon County, Idaho, to secure indebtedness in the . . . .

amount of$3,629,000.00. ·

18. The Defendant Traditional Sppnklers and Landscaping, Inc. (''Traditional") is,

and was at all times mentioned herein, a corporation_duly organized under the laws of the state of

Idaho. . Traditional is identified as the Beneficiary to a Deed of Trust recorded against the

Property on December 27, 2007 as In~tnnn!mt No. 2007083044, records of Canyon .County,

Idahp, to secure indebtedness in the amount of$20,850.00.

COMPLAINT FOR FORECLOSURE OF CL.AIM: OF LIEN· 10

624

•,;

19. The Defendant Conger Management Group1 Inc, (''Conger") is, and was at all

times mentioned h,erein, a corporation duly organized under the laws of the state of Idaho.

Conger is identified as the Beneficiary to a Deed of Trust recorded against the Property on

Januar,y 11, 2008 as frlstru:ment No. 2008002079, records of Canyon County, Idaho, to secure

indebtedness in the amount of $21,766.21.

20. The Defendant" Dennis Phipps Well Drilling, Inc. ("Dennis Phipps") is, arid was at

all times mentioned ·herein, a corporation duly organized under the laws of the state of Idaho.

Dennis Phipps is identified as the Beneficiary to a Deed of Trust recorded i:igainst the Property

on January 22, 2008 as Instrument No. 2008003913, records of Canyon County, Idaho, to secure

indebtedness in the amount of $6,135.00.

21. The Defendant Riverside, Inc~ ("Riverside't) is, and was at all times mentioned

herei~· a corporation d~ly qrggaj?e4 Ul1dyI the l~v,rs ()f the state of Idaho. Ri'verside is identified . "

as the Bene:ficiazy to a D~e'i:f OfTruiktbcorded against the Property on December 14, 2007 as

Instrumen.t No. -2007080906, records of Canyon County, Idaho, 1p secure indebtedness in the

amount of $73,1~1.26.

22. 01). October 25, 2007, the Plaintiff caused a Claim of Lien to be recorded against

the Property as Instrument No. 2007071499, records of Canyon County, Idaho~ in the amount of

$217,862.32. A true and correct copy of the Claim ofUen is attached hereto as Exhibit 'A,,' and

is fully incorporated herein by this reference .. ·

23. The Plaintiff incurred recording costs.in the amount of$39.00 to record its Claim

of Lien.

24. The Plaintiff incurred reaso;nable and neoessary costs in obtaining a Litigation

Guarantee from _First American Title Comp~y for the Property in the amount of $959.00. A

COMPLAINT FOR FORECLOSURE OF CLAIM OF LIEN· 11

625

true and correct copy of the Litigation Guarantee is attacI~ed. hereto as Exhibit 'B,' and is fully



26. This Court has jurisdiction over the parties and t..he Property, a.11d v.enue is proper

in Canyon County,· Idaho.

COUNT ONE

Lien Fore~losure Claim Against L22~-1, 1222-2, L222-3, Union Land, Hunemiller, SPF, . .

MTI, Extreme Line, Paradise Excavation, PMA) Stanley) Integrated Financial, Assignees,

Geneva, Traditional, Re:xius, Conger, Dennis Phipps, Riverside

27. Plaintiff hereby incorporates by reference paragraI'.hs 1 through 26 ·above, as

though fully set forth herein .

. > .4.? .. ,, . 'fh~Pla.ll1tjffentered into a contract with Extreme Line to provide labor, materials

··and equ!pmentused in the construction or improvement of the Property.

29. Ii:t accordance with the terms of said contract, the Plaintiff provided said labor,

materials and equipment t? the Property~ and said labor, materials and eqUipmei;it were used and

:in.stalled in and about the Property.

30. The whole of the Property is required for the convenient use and occupancy of the

improvements situat.ed thereon.

31. In accordance with the tenns of said contract, the Plaintiff furnished the. labor,

. materials and equipment used in the construction of the Property between approximately August

22, 2006 and August 29, 2007.

32. KiJ.ife River has not been fully compensated for the labor, materials and


COMPLAINT FOR FORECLOSURE OF CLA.Th1 OF LIEN~ 12

626

33. On October 25, 2007, the Plamtiff, pursuant to Idaho law, recorded its Cfaim of

Lien.for labor, materials and equipment furnished to the Property.

34. · On October 26, 2007, the Plaintiff caused a copy of the Claim of Lien to be sent





Lien,· irD:d any right, title, claim or interest of the Defendants L222-l, L222-2, L222-3, Union

Land, Hunemiller, SP:F, MTI, Extreme Line,· Paradise Excavation, PMA, Stanley, Integrated .

Financial~ Assignees, Geneva, Traditional, Rexius, Conger, Dennis Phipps and :Riverside (or any

other interested party or person in and to .the subject p~operty, as such right, title, claim or

interest exists) iS junior and. subservient to· the· interest ofthe Plaintiff jn th~ PropertJ. ' '

3.7. The 'Plaintlff is ~titled to a·de&e&' allowitlg tli~ foredosrire ofits interest ~ainst

the Property .in the amo.unt of $198,928.53, plus attorney's feesi costs and interest, and/or a

determination of the respective rights of the ·parties herein ~d any others who claim an interest

in the Property. .. . .

38. Plaintiff.has been damaged. in an amount to be determined at trial, but not less

than th~ jurisdictional minimum required by this Court, plus interest thereon at the maximmn.


.COUNT TWO


39. Plainti:ff hereby incorporates by :reference paragraphs 1 throug_h 38 abovei as

though fully set .forth herein.

COMPLAINT.FOR FORECLOSURE OF CLAIM OF LIEN" 13

627

...

40. The Plaintiff and Extreme Line. entered into a binding ·contract, whereby the

Plaintiff agreed to perform certain work for Extreme Line on the Pr9perty.

41. Pursuant to .the terms of the contract between the parties, Extreme Line agreed to

fuliy ·compensate fue Plaintiff for the labor and equipment. provided by the Plaintiff to the

Property.

42. The Plaintiff performed all of .its obligations under the terms of the Plain~ff's


43. 1.'4e 'Plaintifr'is entitled to enforce the terms of the contract with Extreme Line.

44: The 'Plaintiff has been damaged by Extreme LiD;e's breach of contract in an

amount to be detennin.ed at trial, but not less than the jurisdictional minimum required by this·

court, plus.int~~~~ thereon at the maximum rate allowed by law.

· ....... COUNT THREE

r<· .. · "'' ·unj.tistEniiChritent Claim Aga~st Extreme Line

45. Tµe Plaintiff re--alleges paragraphs 1 through 44 ·above, as though fully set fortll

herein.

46. The Plaintiff conferred a be:p.efit upon Extreme Line through the construction

wot;k th~ Plaintiff p_erfqrmed at the Plaintiffs expense.

47. . Extreme Line appreciated the benefits conferred upon it by the Plaintiff to the

Plain tiff' s det:r:iril.ent. . .

48. E~treme Line has accepted and retained. the benefits conferred i:tPOn it by the

Plaintiff up.der such circumstances as to make it ineqmtablG for Extreme Line to retain such

benefits without the payment of the value.of such benefits to the Plaintiff.

C01\1PLAINT FOR.FORECLOSURE OF .CLAIM:OF LIEN w 14

628


but not less than the jurisdictional minimum ·required by this coU4 plu.s interest thereon at the




though fuUy set forth herein.

51. Pursuant _to Idaho Code§§ 12-120, 12-121 and 45-513, and Rule 54 of the Idah~


for the prosecution of. this action. The Plaintiff has re.tained the firm of TROUT + JONES ;

GLEDHILL + F'UHRM.AN, P.A. to prosecute this action. The sum of Five Thousand Dollars

($5,000.00) is a reasonable attorney's fee for the prosecution of this action ifitis uncontested.

52. In addition to recovery of the.Plaintiffs attomeis fees· and' costs» the'Plafu.tlff fa· .· .

entitled t~ prejudgment interest_. ·. ·:··•·.:. :<

PRAYER FOR RELIEF

. WHEREFORE, fue Plaintiff prays for entry of an order and judgment agai:i:ist the


1. Th~t the Court enter an ·Order declaring t4at the Plaintiff has a valid lien again.st

the Property in the amount of $198,928.53> plus interest and attorney's fees;

2. That the Court declare that the Defendants L222-1) L222-2, L222-3, Union Land,

Htmemiller, SPf'., MTI, Extreme Line, Paradi~e Excavation, PMA, Stanley, Integrated Financial,

Assignees, Ge~eva, Traditional, Rexius, Conger, Dennis Phipps and Riverside (or any other

interested part"j or person in and to the subj~t property, as such right, title, claim or interest

exists), have only ,such clai~ of interest in the Property as is subordinate, junior and inferior to

the Plaintiffs lien~

COMPLAINT FOR FORECLOSURE OF CLAIM OJ!' LIEN -15

629

3. That the Property; and all improvements, structures and appurtenances thereon, be

sold according to law, and that the proceeds of such sale be applied to satisfy the Plaintiffs claim

and totaljudgment;

4. In the event the proceects from the sale of the Property are LTIBufficient to satisfy


Plaintiff have a judgment against the Defendant Extreme .Line for such deficiency, together with



Sheriff, and that the proceeds of such sale be applied to all payments due and owing to the·

Plaintiff;

6. F\)r entry of a Judgment against Defendant Extreme Line awarding damages to " "

the Plaintiff for .Extreme Line.1s~brei:iPhofc0il!fCJ.Pt; ·

7. For an award.' of reasonable attorney's foes and costs, including the costs for


8. For such other and further re~ef as the Court may deem proper in these premises.

: -?1sf- "" DATE:D thisV{_ tr_ day of April. 2008.

LEDHILL +FUHRMAN, P.A.

COMPLAINT FOR FORECLOSURE OF CLAIM OF LIEN - 16.

630

Thomas E. Dvorak, ISB No. 5043 Elizabeth M. Donick, ISB No. 8019 GIVENS PURSLEY LLP

600 W. Bannock P.O. Box 2720 Boise, Idaho 83701 Telephone Number: (208) 388-1200 Facsimile: (208) 388-1300 7795-81717367 _l .DOC

Attorneys for Defendant/Crossclaimant/ Counterclaimant Stanley Consultants, Inc.

~-~~· ·- =~A.k:iF~M. DEC 1 0 2009

CANYON COUNTY CLERK J DRAKE, DEPUTY



HAP TAYLOR & SONS, INC. d/b/a KNIFE RIVER, an Oregon corporation doing business as Knife River,

Plaintiff v.

L222-1 ID SUMMERWIND, LLC, an Idaho limited liability company; et. al.,

Defendants.


Plaintiff v.


Defendants.

: CONSOLIDATED j CASE NO.: CV-08-4251C ' ' ' '

i DEFENDANT/COUNTERCLAIMAINT/ : CROSSCLAIMAINT STANLEY j CONSULTANTS, INC.'S MOTION FOR i SUMMARY JUDGMENT ' ' ' ' ' ' ' '

: CASE NO.: CV08-4252C ' ' '

DEFENDANT/COUNTERCLAIMAINT/CROSSCLAIMAINT STANLEY CONSULTANTS, INC'S MOTION FOR

SUMMARYJUDGMENT-1

631


CASE NO.: CVOS-11321 Plaintiff,

v.

L222-1 ID SUMMERWIND, LLC, an Idaho limited liability company; et. al,

Defendants.

COMES NOW, Defendant/Counterclaimant/Crossclaimant Stanley Consultants, Inc.

("Stanley"), an Iowa corporation, by and through its attorneys of record, Givens Pursley LLP, and

hereby submits this Motion for Summary Judgment pursuant to Rule 56 of the Idaho Rules of

Civil Procedure.

Stanley seeks an order from this Court finding:

a) That Stanley has a good and valid lien on Lot 40, Block 1, in the Summerwind at Orchard Hills Subdivision;

b) That Stanley's Claim of Lien is superior in time and priority to the interest of Defendant Integrated Financial Assodates, Inc. ("IF A"), and that there is no other non-materialmen's lien claim that has a priority date earlier than IF A's claim;

c) That with respect to the other materialmen's liens filed on the Property, the liens of Extreme Line Logistics, Inc. ("Extreme Line") and PMA, Inc. ("PMA") are void and of no further force and effect; and

. d) That the amount owed to Stanley, exclusive of costs and attorney fees, as of December 9, 2009, is approximately forty one thousand nine hundred forty dollars and twelve cents ($41,940.12).

This Motion is made and based upon the Memorandum in Support of Stanley's Motion

for Summary Judgment, the Affidavits of Eric Nelson and Stephen Arnold in Support of

Stanley's Motion for Summary Judgment, filed concurrently herewith, and the documents

already on file in this litigation.

DEFENDANT/COUNTERCLAIMAINT/CROSSCLAIMAINT STANLEY CONSULTANTS, INC'S MOTION FOR

SUMMARY JUDGMENT-2

632

Oral argument is requested.


GIVENS PURSLEY, LLP

Attorneys for Defendant/Counterclaimant/ Crossclaimant Stanley Consultants, Inc.

DEFENDANT/COUNTERCLAlMAINT/CROSSCLAlMAINT STAl'!LEY CONSULTA.i"!TS, INC'S MOTION FOR

SUMMARY JUDGMENT - 3

633


I hereby certify that on this 1 oth day of December, 2009, I caused to be served a true and correct copy of the foregoing document to the persons listed below by the method indicated:

David T. Kmeck TROUT JONES GLEDHILL FUHRMAN, P.A. 225 N. 9th St., Suite 800 P.O. Box 1097 Boise, ID 83701 Attorneys for Hap Taylor & Sons, Inc.

David E. Wishney 300 W. My1ile St., Suite 200 P.O. Box 837 Boise, ID 83701 Attorney for L222-I ID Summerwind, LLC, L222-2 ID Summerwind, LLC, L222-3 ID Summerwind, LLC, and Union Land Company, LLC

William G. Dryden Matthew L. Walters ELAM & BURKE, P.A. 251 East Front Street, Suite 300 P.O. Box 1539 Boise, ID 83701 Attorneys/or Rexius Forest By-Products, Inc.

Frederick A. Batson Jane M. Yates GLEAVES SWEARINGEN POTTER & SCOTT LLP P.O. Box 1147 975 Oak St., Suite 800 Eugene, OR 97440 Attorneys for Rexius Forest By-Products, Inc.

Donald Lojek LOJEK LAW OFFICES CHTD 1199 Main St. P.O. Box 1712 Boise, ID 83 70'1 Attorney for P MA, Inc.

U.S. Mail __ Overnight Mail

_Hand Delivery -7-r= Fax (208) 3 31-1529


Hand Delivery -v7 Fax (208) 342-5749


Hand Delivery -vr Fax (208) 384-5844

U.S. Mail __ Overnight Mail ~Hand Delivery __ v ·Fax (541) 345-2034

U.S. Mail __ Overnight Mail _fland Delivery _·_ V F F:ax (208) 343-5200

DEFENDANT/COUNTERCLAlMAINT/CROSSCLAIMAINT STANLEY CONSULTANTS, INC'S MOTION FOR

SUMMARY JUDGMENT-4

634

Samuel A. Diddle David M. Swartley EBERLE, BERLIN, KADING, TURNBOW & MCKLVEEN CHTD. 1111 West Jefferson Street, Suite 530 P.O. Box 1368 Boise, ID 83701 Attorneys for Conger Management Group, Inc.

William L. Smith Smith Horras, PA PO Box 140857 Boise, ID 83714 Attorneys for Extreme Line Logistics, Inc.

Michael 0. Roe Rebecca A. Rainey MOFFATT, THOMAS, BARRETT, ROCK & FIELDS, CHARTERED 10 I South Capitol Boulevard, 1 oth Floor P.O. Box 829 Boise, ID 83701 Attorneys for Integrated Financial Associates, Inc., Geneva Equities, LLC, and Certain Other Names Defendants

David E. Kerrick Kerrick & Associates 1101 Blaine St. P.O. Box 44 Caldwell, ID 83606 Attorney for Michael W & Carol L. Benedick

Richard B. Eismann Eismann Law Offices 3016 Caldwell Blvd. Nampa, ID 83651-6416 Attorneys for Riverside, Inc.

U.S. Mail __ Overnight Mail __ Hand Delivery _L_ Fax (208) 344-8542


Hand Delivery ~Fax (800) 881-6219







DEFENDANT/COUNTERCLAlMAINT/CROSSCLAIMAINT STANLEY CONSULTANTS, INC. 'S MOTION FOR


635

Tom Mehiel, President Valley Hydro, Inc. 1904 E. Beech Street Caldwell, ID 83605 Pro Se Defendant, Tom Mehiel, d/bla Valley Hydro, Inc.

U.S. Mail __ Overnight Mail __,,1-Iand Delivery __ V F F:ax (208) 454-2706

El~o~,Qv

DEFENDANT/COUNTERCLAIMAINT/CROSSCLAlMAlNT STANLEY CONSULTANTS, INC'S MOTION FOR


636


600 W. Bannock P.O. Box 2720 Boise, Idaho 83701 Telephone Number: (208) 388-1200 Facsimile: (208) 388-1300 7795-81717369 _l.DOC


DEC 1 0 2009 CANYON COUNTY CLERK

,J DRAKE, DEPUTY



HAP TAYLOR & SONS, INC. d/b/aKNIFE RIVER, an Oregon corporation doing business as Knife River,

Plaintiff v.


Defendants.

HAP TAYLOR & SONS, INC. KNIFE RIVER, an Oregon corporation doing business

CONSOLIDATED CASE NO.: CV-08-4251C

MEMORANDUM IN SUPPORT OF DEFENDANT/COUNTERCLAIMAINT/ CROSSCLAIMAINT ST Al~EY CONSULTANTS, INC.'S MOTION FOR SUMMARY JUDGMENT

as Knife River, CASE NO.: CV08-4252C

Plaintiff v.

L222-l ID SUMMERWIND, LLC, an Idaho limited liability company; et. al.,

Defendants.

MEMORANDUM IN SUPPORT OF DEFENDANT/COUNTERCLAJMAINT/CROSSCLAIMAINT STANLEY

CONSULTANTS, INC.'S MOTION FOR SUMMARY JUDGMENT- I

637


CASE NO.: CVOS-11321 Plaintiff,

V.

L222-l ID SUMMERWIND, LLC, an Idaho limited liability company; et. al,

Defendants.

COMES NOW, Defendant/Counterclaimant/Crossclaimant Stanley Consultants, Inc.

("Stanley"), by and through its attorneys of record, Givens Pursley LLP, and hereby submits this

Memorandum in Support of its Motion for Summary Judgment pursuant to Rule 56 of the Idaho

Rules of Civil Procedure ("I.R.C.P .").

Stanley seeks an order from this Court finding:

a) That Stanley has a good and valid lien on Lot 40, Block 1, in the Surnmerwind at

Orchard Hills Subdivision;

b) That Stanley's Claim of Lien is superior in time and priority to the interest of

Defendant Integrated Financial Associates, Inc. ("IF A"), and that there is no other

non-materialmen's lien claim that has a pri01ity date earlier than IF A's claim;

c) That with respect to the other materialmen's liens filed on the Property, the liens

of Extreme Line Logistics, Inc. ("Extreme Line") and PMA, Inc. ("PMA") are

void and of no further force and effect; and

d) That the amount owed to Stanley, exclusive of costs and attorney fees, as of

December 9, 2009, is approximately forty one thousand nine hundred forty dollars

and twelve cents ($41,940.12).

MEMORANDUM IN SUPPORT OF DEFENDANT/COUNTERCLAIMAlNT/CROSSCLAlMAINT STANLEY

CONSULT ANTS, INC. 'S MOTION FOR SUMMARY JUDGMENT - 2

638

I. INTRODUCTION

Stanley entered into a contract with L221-2 ID Summerwind, LLC ("Summerwind") to

provide material and equipment to improve the Property at issue in this litigation. The Property

is more particularly described on Exhibit B to the Affidavit of Steve Arnold in Support of

Defendant/Counterclaimant/ Cross claimant Stanley Consultants, Inc.' s Motion for Summary

Judgment ("Arnold Affidavit") filed contemporaneously herewith, as only Lot 40, Block 1, in the

Summerwind at Orchard Hills Subdivision. Thereafter, on or about June 26, 2007, Stanley

commenced work on the Property and performed under the contract by providing professional

engineering services and related labor, material and equipment to improve the Property. Stanley

completed its obligations under the contract and ceased its work on the Property by January 9,

2008. 1 Summerwind continually failed and refused to pay the amount owing to Stanley, and

Stanley was not fully compensated for the labor, material and equipment it provided to improve

the Property pursuant to the contract. Thus, Stanley duly recorded a Notice and Claim of Lien

on February 22, 2008, in the real property records of Canyon County, Idaho, as Instrument

Number 2008009213 in the amount of twenty six thousand one hundred eighty five dollars and

twenty five cents ($26, 185 .25) ("Lien"). A copy of the Lien is attached to the Affidavit of Eric

Nelson in Support ofDefendant/Counterclaimaint/Crossclaimaint Stanley Consultants Inc's

Motion For Summary Judgment filed contemporaneously therewith ("Nelson Affidavit") as

Exhibit A, and accurately describes the liened property as only Lot 40, Block 1, in the

Surnrnerwind at Orchard Hills Subdivision.

1 The last date of work on the Property for purposes of this Summary Judgment Motion, before the Lien was filed, is January 9, 2008. However, according to Stanley's records, Stanley continued to provide services to and improve the Property pursuant to the contract with Sununerwind and ceased all work pursuant to the contract on or about September 27, 2008.

MEMORANDUM IN SUPPORT OF DEFENDANT/COUNTERCLAIMAINT/CROSSCLAIMAINT STANLEY

CONSULT ANTS, INC. 'S MOTION FOR SUMMARY JUDGMENT - 3

639

II. STATEMENT OF UNDISPUTED FACTS

The material undisputed facts are as follows:

l. Stanley entered into a contract with Summerwind on or about June 18, 2007.

Arnold Affidavit, if 3.

2. Pursuant to the Contract, Stanley agreed to perform professional engineering

services in the improvement of certain real property known commonly as the Summerwind at

Orchard Hills Subdivision. Arnold Affidavit, if 5.

3. Stanley began furnishing labor, materials and services to improve the Property

under the Contract on or about June 26, 2007. Arnold Affidavit, if 6.

4. Stanley performed all of its obligations pursuant to the Contract and has fully

provided the labor, materials and services requested in the Contract. Arnold Affidavit, if 7.

5. The last day Stanley performed work to improve the Property under the Contract,

before filing the Lien, was on or about January 9, 2008.2 Arnold Affidavit, if 8.

6. Summerwind has received the benefit of Stanley's services, yet Summerwind has

failed, and continues to refuse, to pay the amount still owing to Stanley under the Contract.

Arnold Affidavit, if 9.

7. Stanley has not been fully compensated for the professional engineering services

and related labor, materials and equipment it provided to improve the Property. Arnold

Affidavit, if 10.

8. The labor, materials and services were provided by Stanley at the request of

Summerwind and the reasonable value thereof still due and owning to Stanley is the sum of

approximately forty seven thousand nine hundred thirty two dollars and forty one cents

2 See footnote l.

MEMORANDUM IN SUPPORT OF DEFENDANT/COUNTERCLAIMAINT/CROSSCLAIMAJNT STANLEY

CONSULTANTS, INC'S MOTION FOR SUMMARY JUDGMENT-4

640

($47,932.41), as of December 9, 2009, which is the outstanding balance due after deducting all

just credits, payments and offsets, together with interest on said amount. Arnold Affidavit, if 11.

9. Said amount does not include any of the attorneys' fees and costs Stanley has

incurred in pursuing this litigation. Arnold Affidavit, if 11.

10. On Febrnary 22, 2008, in the real property records of Canyon County, Idaho, a

Notice and Claim of Lien was recorded in the name of Stanley as Instrnment Number

2008009213 in the amount of twenty six thousand one hundred eighty five dollars and twenty

five cents ($26,185.25). Nelson Affidavit, if 4, Ex. A.

11. IF A claims an interest in the Property affected by Stanley's Lien by way of a

Deed ofTrnst recorded in the real property records of Canyon County, Idaho, on July 13, 2007,

as Instrnment Number 2007048605.

12. Extreme Line claims an interest in the Property affected by Stanley's Lien by way

of a materialmen' s lien recorded in the real property records of Canyon County, Idaho, on

December 19, 2007, as Instrnment Number 2007081815.

13. PMA claims an interest in the Property affected by Stanley's Lien by way of a

materialmen' s lien recorded in the real property records of Canyon County, Idaho, on December

10, 2007, as Instrnment Number 2007079792.

14. On July 17, 2008, Stanley filed its Answer, Counterclaim and Crossclaim to

Plaintiff Hap Taylor & Sons, d/b/a Knife River's ("Knife River") Complaint filed on April 22,

2008.

15. On October 14, 2009, Extreme Line filed its Motion for Summary Judgment.

16. On December 7, 2009, IF A filed its Combined Opposition to Extreme Line and

Motion for Summary Judgment.

MEMORANDUM IN SUPPORT OF DEFENDANT/COUNTERCLAIMAlNT/CROSSCLAlMAINT STANLEY

CONSULTANTS, INC.'S MOTION FOR SUMMARY JUDGMENT- 5

641

III. STANDARD OF REVIEW

A. Summary Judgment is Appropriate Where There is No Issue of Fact Regarding Stanley's Claim of Lien

A motion for summary judgment is properly granted where no genuine issue of mate1ial

fact exists, and the moving paiiy is entitled to judgment as a matter oflaw. I.R.C.P. 56(c);

Orthman v. Idaho Power Co., 130 Idaho 597, 600, 944 P.2d 1360, 1363 (1997). This case

involves a straightforward analysis of whether Stanley properly recorded a valid lien against the

Property and whether said lien is prior and superior to the interests of the remaining parties.

Specifically, I.R.C.P. 56(c) provides that summary judgment shall be granted "ifthe

pleadings, depositions, and admissions on file, together with the affidavits, if any, show that

there is no genuine issue as to any material fact and that the moving party is entitled to a

judgment as a matter oflaw." I.R.C.P Rule 56(c); See also Celotex Corp. v. Catrett, 477 U.S.

317, 322 (1986); Gibson v. Ada County, 142 Idaho 746, 752, 133 P.3d 1211, 1217 (2006). A

party opposing a motion for summary judgment must set forth specific facts showing there is a

"genuine issue" about a "material fact." Tuttle v. Sudena Indust., Inc .. 125 Idaho 145, 150, 868

P.2d 473, 478 (1994). Indeed, a "non-moving party must submit more than just conclusory

assertions that an issue of material fact exists to withstand summary judgment. A mere scintilla

of evidence or only slight doubt as to the facts is not sufficient to create a genuine issue of

material fact for the purposes of summary judgment." Finholt v. Cresto, 143 Idaho 894, 155

P.3d 695, 697-98 (2007) (citing Jenkins v. Boise Cascade Corp., 141Idaho233, 238, 108 P.3d

380, 385 (2005)).

In addition, LR. C.P. 56( e) provides that the nonmoving paiiy may not rest upon the mere

allegations or denials of the party's pleading to avoid summary judgment. The nonrnoving party

MEMORANDUM IN SUPPORT OF DEFENDAi'IT/COUNTERCLAIMAINT/CROSSCLAIMAINT STANLEY


642

must set forth in an affidavit specific facts showing there is a genuine issue for trial.

I.R.C.P. 56( e). Importantly, the affidavits either supporting or opposing the motion must be

made on personal knowledge, set forth facts that would be admissible in evidence and show that

the affiant is competent to testify. I.R.C.P. 56(e).

IV. ARGUMENT

A. Stanley Recorded and Pursued a Valid Claim of Lien Against the Property

Idaho Code§ 45-501 establishes a materialmen's right to lien and states, in

relevant pa1i, "[E]very person perfo1ming labor upon, or furnishing materials to be used in the

construction, alteration, or repair. .. or [who] otherwise improves any land ... has a lien upon the

same for the work ... done or professional services or materials furnished." LC. § 45-501.

According to Idaho Code§ 45-507, for Stanley to validly exercise this right to lien, it must have

filed its Claim of Lien within ninety (90) days after the completion of the services provided.

LC. § 45-507. Stanley has validly exercised this right by providing services to improve the

Property pursuant to the Contract with Summerwind, and then recording its Claim of Lien on

February 22, 2008, which is well prior to the expiration of the ninety-day period to record, which

began on Stanley's last day of work prior to recording on January 9, 2008.

Idaho Code § 45-507 also dictates the specific requirements for a claim oflien and

demands that every claim contain a "statement of ... demand," the "name of the owner or reputed

owner" of the property, the name of the person or entity for which services were furnished, and a

"description of the property to be charged with the lien." LC. § 45-507. A careful review of

Stanley's Claim of Lien shows that Stanley complied with every requirement necessary for its

claim to be valid. Nelson Affidavit, Ex. A. Stanley's Claim of Lien contains a demand for the

payment of twenty six thousand one hundred eighty five dollars and twenty five cents



643

($26,185.25), states the owner or reputed owner of the Property as Summerwind, states that

Stanley furnished the labor on the Property for Summerwind, and includes a legal description of

the Property subject to the lien. Arnold Affidavit, Ex. A.

Section 45-507 of the Idaho Code also requires notice to ensure validity of a lien claim.

A copy of the claim of lien "shall be served on the owner or reputed owner of the property."

LC. § 45-507. Copies of Stanley's Claim of Lien were sent to all reputed owners via certified

mail, return receipt requested. Nelson Affidavit, ii 6. This requirement for claim validity has

clearly been met and these material facts are undisputed.

Finally, Idaho Code§ 45-510 requires that proceedings to foreclose a materialmen's lien

must be commenced within six ( 6) months from the date the lien is recorded. Stanley recorded

its Claim of Lien on February 22, 2008 and filed its Answer, Counterclaim and Crossclaim to

foreclose on the Claim of Lien on July 17, 2008 which is within the six-month required time

frame. Clearly, Stanley has taken the required steps to create a valid and enforceable lien on the

Property.

The undisputed facts confirm that Stanley properly recorded a valid claim oflien on the

Property in accordance with the requirements of the Idaho Code.

B. Stanley's Claim of Lien on the Property is Prior and Superior to the interest of IFA.

As the above describe facts indicate, Stanley properly filed its Claim of Lien on February

22, 2008. Idaho law dictates that materialmen's liens "are preferred to any lien, mortgage or

other encumbrance, which may have attached subsequent to the time when

the .. .improvement ... was commenced ... or professional services were commenced to be

furnished." LC.§ 45-506(emphasis added). Thus, Stanley's lien should be held prior to those



644

encumbrances recorded on the Property after June 26, 2007, which is the date on which Stanley

commenced work.

IFA recorded its Deed of Trust affecting several lots, including Lot 40, Block 1, in the

Summerwind at Orchard Hills Subdivision, on July 13, 2007 in the real property records of

Canyon County, Idaho, as Instrument Number 2007048605. Thus, the priority IFA is entitled to

under said Deed of Trust attached to the Prope1iy upon recording on July 13, 2007. This date is

subsequent to the date Stanley commenced work on the project. Since IF A recorded its Deed of

Trust nearly one month after the June 26, 2008 date when Stanley commenced work on the

Property, IF A's Deed of Trust is an encumbrance that should be deemed junior to Stanley's Lien.

The undisputed material facts presented confirm that at the time Stanley commenced

work on the Property, IF A had not yet recorded its Deed of Trust and established any interest in

the Property upon which Stanley filed its Lien. Thus, Stanley's Lien is entitled to priority over

IF A's interest.

C. The Materialmen's Liens of both Extreme Line and PMA are Invalid and Should be Declared Void and of No Further Force and Effect.

The materialmen' s lien filed by Extreme Line is invalid because Extreme Line failed to

commence proceedings to foreclose its Claim of Lien pursuant to requirements of LC. § 45-510

as discussed above. Extreme Line recorded its Claim of Lien on December 19, 2007. Yet,

Extreme Line took no action to commence proceedings to foreclose its lien until it filed the

counterclaim and crossclaim in this litigation on July 24, 2008. The six month period for

commencing proceedings under Extreme Line's Claim of Lien lapsed on June 19, 2008. Thus,

because Extreme Line did not commence any proceedings to enforce its lien rights within the

statutory time frame, its lien became invalid and of no further force or effect as of June 20, 2008.

MEMORANDUM rN SUPPORT OF DEFENDANT/COUNTERCLAIMAINT/CROSSCLAIMATNT STANLEY

CONSULTANTS, INC'S MOTION FOR SUMMARY JUDGMENT- 9

645

As such, Extreme Line is not now entitled to any interest in the Property, and Stanley is entitled

to a declaration that Extreme Line's Claim of Lien is invalid.

The materialmen's lien filed by PMA is also invalid because PMA is an architectural

corporation and is not within the group of materialmen that the Idaho Code allows to record a

Ciaim of Lien. Idaho Code§ 45-501, does not give an architect the right to lien for designs,

plans, specifications, drawings or other professional services. While the Legislature expressly

gave professional engineers and licensed surveyors the right to lien for their drawings and

specifications, the Legislature did not give architects the same right.

In reviewing this statutory language, Idaho courts "will assume the legislature intended

what it said in the statute, and ... will construe statutory terms according to their plain, obvious

and rational meanings." McGhee through McGhee v. City of Glenns Ferry, 111 Idaho 921, 922,

729 P.2d 396, 397 (1986) (citing Hartley v. Miller-Stephan, 107 Idaho 688, 690, 692 P.2d 332,

334 (1984)). Idaho Code§ 45-501 expressly lists the types of materialmen entitled to liens and

states, in relevant part, "[ e ]vep; person performing labor upon .... and every professional engineer

or licensed surveyor. .. has a lien." LC. § 45-501. This language clearly sets forth the categories

of people who are entitled to liens and does not list architects. Thus, architects are not entitled to

a materialmen's lien.

The argument that the Legislature did not think to include architects could arise, but

should be immediately rejected because, later in the very same sentence, the statute reads "and

every contractor ... architect, builder or any person having charge ... of the construction ... either in

whole or in part, of any building or other improvement, as aforesaid, shall be held to be the agent

of the owner for the purpose of this chapter." LC. § 45-501(emphasis added). This language

clearly shows that the Legislature was aware of architects at the time this statute was created, and

MEMORANDUM IN SUPPORT OF DEFENDANT/COUNTERCLAlMAlNT/CROSSCLAIMAlNT STANLEY

CONSULTANTS, INC. 'S MOTION FOR SUMMARY JUDGMENT - 10

646

that architects were intentionally left out of the list of materialmen who are allowed to lien.

Again, architects are not entitled to a mate1ialmen' s lien.

Moreover, Idaho Code§ 45-512 sets forth the order of priority for the class of

materialmen' s liens and directs that when different liens are asserted, the court must declare the

rank as:

1. All laborers, other than contractors or subcontractors.

2. All materialmen including persons furnishing, renting or leasing equipment, materials or fixtures ... , other than contractors or subcontractors.

3. Subcontractors.

4. The original contractor.

5. All professional engineers and licensed surveyors.

LC. § 45-512. Again, architects are not listed in the ranked order of priority to be used

when several materialmen' s liens are present. Thus, there is no place for an architect to

validly obtain a materialmen's lien under the Idaho Code. PMA is an architectural

corporation and, for the foregoing reasons, PMA is not now entitled to any interest in the

Property, and Stanley is entitled to a declaration that PMA' s Claim of Lien is invalid.

V. CONCLUSION

Stanley is entitled to summary judgment because the undisputed facts show that Stanley's

Claim of Lien is superior in priority to the interest of IF A, and that the claims of both Extreme

Line and PMA are wholly invalid. Accordingly, Stanley respectfully requests that the Court

enter an order fully granting Stanley's Motion for Summary Judgment in the amount of forty one

thousand nine hundred forty dollars and twelve cents ($41,940.12) as of December 9, 2009, as

set forth in the Affidavit of Steven Arnold, if 11, plus interest to the present date, plus an



647

additional amount of attorneys' fees and costs, and also establishing and declaring that Stanley's

Claim of Lien is valid and senior in priority to the interest of IFA, and that the liens of both

Extreme Line and PMA are void and have no further force or effect, as requested at the outset of

this Memorandum.


GIVENS PURSLEY, LLP

By: ~t~iv ElizabMDOllick Attorneys for Defendant/Counterclaimant/ Crossclaimant Stanley Consultants, Inc.



648


I hereby certify that on this 10th day of December 2009, I caused to be served a true and correct copy of the foregoing document to the persons listed below by the method indicated:

David T. Krueck TROUT JONES GLEDHILL FUHRMAN, P.A. 225 N. 9th St., Suite 800 P.O. Box 1097 Boise, ID 83701 Attorneys for Hap Taylor & Sons, Inc.

David E. Wishney 300 W. Myrtle St., Suite 200 P.O. Box 837 Boise, ID 83701 Attorney for L222-JID Summerwind, LLC, L222-2 ID Summerwind, LLC, L222-3 ID Summerwind, LLC, and Union Land Company, LLC

William G. Dryden Matthew L. Walters ELAM & BURKE, P.A. 251 East Front Street, Suite 300 P.O. Box 1539 Boise, ID 83701 Attorneys for Rexius Forest By-Products, Inc.

Frederick A. Batson Jane M. Yates OLEA VES SWEARINGEN POTTER & SCOTT LLP P.O. Box 1147 975 Oak St., Suite 800 Eugene, OR 97440 Attorneys for Rexius Forest By-Products, Inc.

Donald Lojek LOJEK LAW OFFICES CHTD 1199 Main St. P.O. Box 1712 Boise, ID 83701 Attorney for PMA, Inc.


Hand Delivery _L Fax (208) 331-1529

U.S. Mail __ Overnight Mail __ Hand Delivery _£Fax (208) 342-5749


Hand Delivery ~Fax(208)384-5844




Hand Delivery -r Fax (208) 343-5200

MEMORANDUM IN SUPPORT OF DEFENDANT/COUNTERCLAIMAINT/CROSSCLAIMAlNT STANLEY

CONSULTANTS, INC'S MOTION FOR SUMMARY JUDGMENT- 13

649

Samuel A. Diddle David M. Swartley EBERLE, BERLIN, KADING, TURNBOW & MCKLVEEN CHTD. 1111 West Jefferson Street, Suite 530 P.O. Box 1368 Boise, ID 83701 Attorneys for Conger Management Group, Inc.

William L. Smith Smith Horras, PA PO Box 140857 Boise, ID 83 714 Attorneys for Extreme Line Logistics, Inc.

Michael 0. Roe Rebecca A. Rainey MOFFATT, THOMAS, BARRETT, ROCK & FIELDS, CHARTERED 101 South Capitol Boulevard, 10th Floor P.O. Box 829 Boise, ID 83701 Attorneys for Integrated Financial Associates, Inc., Geneva Equities, LLC, and Certain Other Names Defendants

David E. Kerrick Kerrick & Associates 1101 Blaine St. P.O. Box 44 Caldwell, ID 83606 Attorney for Michael W. & Carol L. Benedick

Richard B. Eismann Eismann Law Offices 3016 Caldwell Blvd. Nampa, ID 83651-6416 Attorneys for Riverside, Inc.


Hand Delivery ---,.-

-~Fax (208) 344-8542

U.S. Mail --__ Overnight Mail

e Hand Delivery -7-r-Fax (800) 881-6219

U.S. Mail ----Overnight Mail

Hand Delivery -/~Fax (208) 385-5384


,,.Hand Delivery -\7-+-Fax (208) 459-4573


.-- Hand Delivery -7-- Fax (208) 466-4498

MEMORANDUM IN SUPPORT OF DEFENDANT/COUNTERCLALVfAINT/CROSSCLAIMAINT STANLEY


650

Tom Mehiel, President ValleyHydro, Inc. 1904 E. Beech Street Caldwell, ID 83605 Pro Se Defendant, Tom A1ehiel, dlb/a Valley Hydro, Inc.

__ U.S. Mail __ Overnight Mail ---/- Hand Delivery ___ Fax (208) 454-2706

MEMORANDUM IN SUPPORT OF DEFENDANT/COUNTERCLAlMAINT/CROSSCLAIMAlNT STANLEY

CONSULTANTS, INC.'S MOTION FOR SUMMARY WDGMENT-15

651


600 vV. Bannock P.O. Box 2720 Boise, Idaho 83701 Telephone Number: (208) 388-1200 Facsimile: (208) 388-1300 7795-8/729033 _ l .DOC


OEC 1 0 2009 ~t\NYON COUNTY CLERl< ""'' J DRAKE, DEPUTY




Plaintiff v.

L222-l ID SUMMERWIND, LLC, an Idaho limited liability company; et. al.,

Defendants.


Plaintiff v.


Defendants.

i CONSOLIDATED i CASE NO.: CV-08-4251C ' ' ' ' ' ' : AFFIDAVIT OF ERIC NELSON IN ; SUPPORT OF DEFENDANT/ i COUNTERCLAIMAINT/ ' i CROSSCLAIMAINT STANLEY j CONSULTANTS, INC.'S MOTION FOR i SUMMARY JUDGMENT ' '

'

'

' ; CASE NO.: CV08-4252C ' ' ' ' '

'

' ' ' ' ' ' '

AFFIDAVIT OF ERIC NELSON IN SUPPORT OF DEFENDANT/ COUNTERCLAIMAINT/ CROSSCLAIMAINT

STANLEY CONSULTANTS, INC.'S MOTION FOR SUMMARY WDGMENT- 1

652


Plaintiff, v.

L222-l ID SUMMERWIND, LLC, an Idaho limited liability company; et. al,

Defendants.


County of Ada )

CASE NO.: CVOS-11321

ERIC NELSON, being first duly sworn, deposes and states as follows:

1. I am over the age of 18 years, and competent to testify herein.

2. I am a paralegal at the law office of Givens Pursley LLP. I work with Thomas E.

Dvorak and Elizabeth M. Donick who are two of the attorneys for

Defendant/Counterclaimant/Crossclaimant Stanley Consultants, Inc. ("Stanley") in the above-

entitled action. I make this affidavit based upon my personal knowledge and to the best of my

information and belief.

3. I have been a paralegal since December of 1999 and have focused on and

specialized in real estate related issues.

4. Under the direction of Thomas Dvorak, I caused a Claim of Lien to be recorded

on behalf of Stanley in the real property records of Canyon County, Idaho, on February 22, 2008,

as Instrument Number 2008009213, in the amount of twenty six thousand one hundred eighty

five dollars and twenty five cents ($26,185.25).

5. A true and conect copy of said Claim of Lien is attached hereto as Exhibit A.


STANLEY CONSULTANTS, INC. 'S MOTION FOR SUMMARY JUDGMENT - 2

653

6. A copy of Stanley's recorded Claim of Lien was sent to all reputed owners of the

property subject to the Claim of Lien via certified mail, return receipt requested. True and

c01Tect copied of the notice letters and return receipts are attached hereto as Exhibit B.

FURTHER YOURAFFIANT S~~~------

Eric Nelson 1

SUBSCRIBED AND SWORN to before me on this 10th day of December, 2009.

L:~J!.k@Q NOTARY PUBLIC ~H Residing at: (3 OJ_4_Q / /)

My Commission Expires: / C;f <lj <9.0 I O


STANLEY CONSULTANTS, INC.'S MOTION FOR SUMMARY JUDGMENT - 3

654


I hereby certify that on this 101h day of December, 2009, I caused to be served a true and

correct copy of the foregoing by the method indicated below, and addressed to the following:

David T. Krueck TROUT JONES GLEDHILL FUHRMAN, P.A. 225 N. 9th St., Suite 800 P.O. Box 1097 Boise, ID 83701 Attorneys for Hap Taylor & Sons, Inc.

David E. Wishney 300 W. Myrtle St., Suite 200 P.O. Box 837 Boise, ID 83701 Attorney for L222-IID Sumrnerwind, LLC, L222-2 ID Summerwind, LLC, L222-3 ID Surnmerwind, LLC, and Union Land Company, LLC

William G. Dryden Matthew L. Walters ELAM & BURKE, P.A. 251 East Front Street, Suite 300 P.O. Box 1539 Boise, ID 83701 Attorneys for Rexius Forest By-Products, Inc.

Frederick A. Batson Jane M. Yates GLEAVES SWEARINGEN POTTER & SCOTT LLP P.O. Box 1147 975 Oak St., Suite 800 Eugene, OR 97440 Attorneys for Rexius Forest By-Products, Inc.

U.S. Mail __ Overnight Mail __ Hand Delivery _L Fax (208) 331-1529


Hand Delivery 2 Fax (208) 342-5749


Hand Delivery /Fax (208) 384-5844

U.S. Mail __ Overnight Mail - hand Delivery vr __ ~F~ax (541) 345-2034


STANLEY CONSULTANTS, INC.'S MOTION FOR SUMMARY JUDGMENT-4

655

Donald Lojek LOJEK LAW OFFICES CHTD 1199 Main St. P.O. Box 1712 Boise, ID 83701 Attorneys/or PMA, Inc.

Samuel A. Diddle EBERLE, BERLIN, KADING, TURNBOW & MCKLVEEN CHTD. 1111 West Jefferson Street, Suite 530 Boise, ID 83701 Attorneys for Conger lvfanagement Group, Inc.

William L. Smith, Esq. Attorney at Law 5987 West State Street, Suite A Boise, ID 83703-5056 Attorneys for Extreme Line Logistics, Inc., dlbla Extreme Line Construction, Inc.

Michael 0. Roe Rebecca A. Rainey MOFFATT, THOMAS, BARRETT, ROCK & FIELDS, CHARTERED 101 South Capitol Boulevard, 1 oth Floor P.O. Box 829 Boise, ID 83701 Attorneys for Integrated Financial Associates, Inc., Geneva Equities, LLC, and Certain Other Names Defendants

David E. Kerrick 1001 Blaine Street P.O. Box44 Caldwell, ID 83606 Attorney for Michael W. Benedick & Carol L. Benedick

Tom Mehiel, President Valley Hydro, Inc. 1904 E. Beech Street Caldwell, ID 83605 Pro Se Defendant, Tom Mehiel, dlb/a Valley Hydro, Inc.

U.S. Mail __ Overnight Mail __ Hand Delivery ~Fax (208) 345-0050

U.S. Mail __ Overnight Mail __ Hand Delivery ~Fax (208) 344-8542

U.S. Mail -----Overnight Mail __ Hand Delivery _LFax (208) 388-0120




Hand Delivery -V Fax (208) 459-4573


Hand Delivery /Fax (208) 454-2706



656

Richard B. Eismann Eismann Law Offices 3016 Caldwell Blvd. Nampa, ID 83651-6416 Attorney for Riverside, Inc.

__ U.S. Mail ___ Overnight Mail _ ___,.c~ Hand Delivery

7 Facsimile (208) 466-4498


STANLEY CONSULTANTS, INC.'S MOTION FOR SUMMARY JUDGMENT- 6

657

RECORDING REQUESTED Ai'ID WHEN RECORDED RBTUR.,'l TO:

ERIC B. NELSON GIVENS PURSLEY LLP 601 W.BANNOCKST. BOISE, IDAHO 83702

EXHIBIT A

Claim of Lien

CLAIM OF LIEN

TO: Union Land Company, Inc.; L222-l ID Summer.vine!, LLC

2 .:::~

........ C:D f\) I'·.)

:::u :'.:3

::0

.:_ .. ~ -C

::-:."; ITt ,;

C> :;::; 0 J.;

~-

PLEASE TAKE NOTICE the lmdersigned Claimant has and claims a lien for the performance of labor, services and/or the delivery of materials for the improvement of the real property more particularly described as follows:

The land and improvements thereto described on the attached Exhibit A.

1. Claimants Name: The name of the Claimant is Stanley Consultants, Inc., hereinbefore and hereinafter reforred to as "Claimant''.

2. Statement of Claimant's Demand: Claimant hereby demands the sum of $26,185.25, which is the amotJnt due to Claimant after deducting all just credits and offsets, and including late fees, filing fees, attorney fees, mailing charges and interest on the unpaid balance up to and including this date.

3. Names of Owners: The names of the owners or reputed owners of said real property are: Union Land Company, Inc. and/or L222-l ID Summerwind, LLC.

4. Names of Employers: The name of the person by whom Claimant was employed or to whom it furnished the labor, services and materials on or to said real property to is Kevin Harris of Union Land Company, Inc., and L222-1 ID Summerwind, LLC.

5. Completion: The furnishing of labor/services/materials was perfonned within the last ninety (90) days.

6. Mailing: The Cl.aim.ant will deliver a copy of this Claim of Lien via certified U.S. mail to the Owners no later than five (5) business days after recording.

Dated; February 19, 200&

CLAIM OF LIEN 20507.()1

N . C)

D

co ;:::;,

0

co N 1--4

'-'.}

AFFIDAVIT OF ERIC NELSON IN SUPPORT OF DEFENDANT/ COUNTERCLAlMAINT/ CROSSCLAit\1AlNT

STANLEY CONSULT ANTS, INC.' S MOTION FOR SUMMARY JUDGMENT - 7

658

State ofldaho

County of Ada

) ) SS.

)

VERIFICATION

Steven Arnold, being first sworn, deposes and states that he is Project Principal of the Claimant herein; that he has read the foregoing Claim ofLien and knows the contents thereof and that the same is true and further, t11e affiant believes the same to be just, and that all just credits and offsets have been fully allowed therein.

CERTIFICATE OF VERIFICATION

State ofidaho

County of Ada

) ) SS.

)

I, the undersigned Notary Public in and for said State, do hereby certify that on thfa ,/5! day of February 2008, personaUy appeared before me Steven Arnold, known or identified to me to be the person whose name is subscribed on the within instrument and who, being by me first duly sworn, declared that be signed the foregoing instrument, and the statements therein contained are true.

State of!daho ) ) ss.

County of Ada )

fr~Y~~ Notary Public for Idaho,~ Residing at ;ife,- I a:J. '/!' '7-7 My Commission expires d _c- # 9- RJ

ZOu'O~ On this /!!__ day of February '.W&J, before me, a Notary Public in and for said State,

personally appeared Steven Arnold, known or identified to me to be the Project Principal of Stanley Consultants, Inc., the corporation that executed the instrument or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same.

~;{~~ Notary Public for fdab9 ; Residing at l1f t:::ri""' i h 77 My Commission expires CJ fi.::??Y-.. /01


STANLEY CONSULTANTS, INC.'S MOTION FOR SUMMARY JUDGMENT - 8

659

EXHIBIT A

Legal Description of property to be charged with lieu

DESCRIPTION FOR UNION LAND LIEN PARCEL

AT SummerWind at Orchard Hills Subdivision Phase II

FEBRUARY 4, 2008

LOT 40, BLOCK I, SU1v!MERWIND AT ORCHARD HILLS SUBDIVISION PHASE I, AS RECORDED IN BOOK 39 OF PLATS AT PAGE 21, LOCATED IN SECTION 32, TOWNSHIP 4 NORTH, RANGE 4 WEST, BOISE MERIDIAN, CANYON COUNTY, IDAHO.

MICHAELE. MARKS, PLS NO. 4998

CLAIM OF LIEN 20507-01



660

EXHIBITB Notice Letters and Certified Mail Receipts

GrvE:@P,sLEY r .• LP

Lt.WOFFJCES f;.O~ w. Bar11ock Zifeet. f'O Box ;/}<G. 800,e. l<Jo!:<> ~o70l TElEPP.oNI!: 20.'l 3S&·l200 FACSu.r.t,i;: zoe 3ea.1:&io WESSJTE; w:.w.vlvensp..rn;fey.oom

G<VyG.Al!en PtJ!C<G.8arto11 C'f¥4!Cf'.lh€1 J, &.:t~n C~11t R. Bof-n;:ter 81k J, 81J!iry'J(!.r

Wtil:wlC,Co\a f..(.f.diarJ C. C:e~nt:-t Ambf!fN. D'.oa Kris.in Bjorkman Ou:nn Themas E. D•/crak Jeffrey c. f>¥00s.~ M:¥'in C. H-encli.d:$C>l Sfe.wn J, Hippier 0(l0ora K, l<f'4{er.s.e:n f~111tC.(.tmi::0

February 26, 2008

Sent via Certified M~il #7007 2560 0000 4559 7704

Union Land Company 10515 201n Street SE, Ste #100 Everett; WA 98205

Jare-rli:t G. L2:0l~ !J{(;h~el P. LJ.-Wf4ni»

t='r~nkiln G-. L¢G: ~dR.LomJ.;;"1'"dl:

J<;>iln fA Marsrw!I Koonolh tt Mc.Ca.ire Kc.Hy Gri;e..l'\o tJc.Ce~.iCZ CynltJa A 11.:el:tlu Ct.rietcpner H. it&:)•er Ll:fx:';v.3rdMi!l~r

P,:;~fk;k J. {l.~l::et Jo(fOQll a. tw<>·,;gomcty r.roe;~ K. ~{soo 0>2!boi::!h E. Nalsoo W. kugfi Q"f4i.'.X6S-f\ ll.M.

G. Ant:r<:w p.;ig-0-

1\:'-,g~o M. Rc<i:d SCC~tA. Tti¢l";ir9i, LLl.l. ..!, 1/liHV-aM Ccnkiy E. Wilt!! Rc~:;,1 E. Y/l'"t Hlf"11R.Yt.:it

REllREC l<CflM1h L Pi.xsl-0:]' R~ymoM o. Gi<.l)>l> ,i;un~ A. r.~(.f,:!'Xi."J

Matter: Reference:

Lien at SummerWind at Orchard Hil[s Sub. (Project #20507--0i) GP 7795-8

Dear Owner:

Enclosed herewith is a copy of the !ien claim that has been recorded against property purportedly owned b)' you. This firm represents the interests of the lien Claimant You are being provided a copy of this lien pursuant to Idaho Code 45-507-5.

TED/asb Enclosures Cc: Steve Arnold S.\GLIENT$17TS>:'i'l'.ll1f lO °""1e< Z.dx

Sincerely,

Thomas E. Dvorak 'ffcD


STANLEY CONSULTANTS, INC'S MOTION FOR SUMMARY JUDGMENT- 10

661

... ...

RECORDING REQUESTED AND WHrn RECORDED RETUR,'l TO:

ERJC B. Nm..soN GIVENS PllRSLEY LLP 601 W.BAt-.'NOCKST. BOISE, IDAHO 83702

CLAIM OF LIEN

TO: Union Land Company, Inc.; L222-l ID Summerwind, LLC

PLEASE TAKE NOTICE the undersigned Claimant has and claims a lien for the performance oflabor, services and/or the delivery of materials for the improvement of the real property more particularly described as follows:

The land and improvements thereto described on the attached Exhibit A.

1. Claimants Name: The name of the Claitnant is Stanley Consultants, Inc., hereinbefore and hereinafter referred to as ''Claimant".

2. ~tatement of Claimant's Demand: Claimant hereby demands the sum of $26, 185.25, which is the amount due to Claimant after deducting all just credits and offaets, and including late fees, filing fees, attorney fees, mailing charges and interest on the unpaid balance up to and including this date.

3. Names of Owners: The names of the o\vners or reputed o•.vners of said real property are: Union Land Company, Inc. and/or L222-I ID Summerwind, LLC.

4. Names of Employers: The name of the person by whom Claimant was employed or to whom it furnished the labor, services and materials on or to said real property to is Kevin Harris of Union Land Company, Inc., and L222-1 ID Sumll1erw:ind, LLC.

5. Completion: The furnishing of labor/services/materials was performed vv:ithin the last ninety (90) days .

6. Mailing: The Claimant will deliver a copy of this Claim of Lien via certified U.S . . mail to the Owners no later than five (5) business days after recording.

J;?ated: February 19, 2008

CLAIM OF LIEN 20$07.Ql

AFFIDAVIT OF ERIC NELSON IN SUPPORT OF DEFENDANT/ COUNTERCLAit\1AINT/ CROSSCLAIMAINT


662

State ofidaho

County of Ada

) ) SS.

)

VERIFICATION

Steven Arnold, being first sworn, deposes and states ihat he is Project Principal of the Claimant herein; that he has read the foregoing Claim of Lieu and knows the contents thereof and that the same ls true and further, the affiant believes the sam0 to be just, and 111at all just credits and offsets have been fully allowed therein.


State of Idaho

County of Ada

) ) ss. )

I, the undersigned Notary Public in and for said State, do hereby certify that on this /-Z day of February 2008, personally appeared before me Steven Arnold, known or identified to me to be t.he person whose name is subscribed on the within instrument and who, being by me first duly sworn, declared that he signed the foregoing instrument, and the statements therein contain~ are true.

State offdaho } ) ss.

County of Ada )

Notary Public for Idaho, d' Residing at _,LJL~,,..- / a...id£ P._'17/f -My Commission expires ... 0 £". .-:7 ~ff

ZtJei'O~ On this /_!l_ day of February 2007, before me, a Notary Public in and for said State,

personally appeaf"...d Steven Arnold, known or identified to me to be the Project Principal of Stanley Consultants, lnc., the corporation that executed the instrument or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same.

y~;{~~ Notary Public for [dah9 ; Residing at _fl ~ri ""f i h '?"?

My Commission expires ~ (i.-.: &'Cf ... 7CJ

AFFIDAVIT OF ERIC NELSON IN SUPPORT OF DEFENDANT/ COUNTERCLAIMAlNT/ CROSSCLAIMAINT


663

EXHIBIT A

Legal Description of property to be charged with I ien


AT SummerWind at Orchard Hi!ls Subdivision :Phase lI

FEBRUARY 4; 2008

LOT 40, BLOCK 1, SUMMER\VIND AT ORCHARD HILLS ST.JBDlVISION PHASE I, AS RECORDED IN BOOK 39 OF PLATS AT PAGE 21, LOCATED IN SECTION 32, TOWNSHIP 4 NORTH, RANGE 4 WEST, BOISE MERIDIAN, CANYON COUNTY, IDAHO.

MICHAELE. MARKS, PLS NO. 4998

CLAIM OF LIEN 20507-()J



664

~---~ .__~_...;:;..__:.._...::,.~;::.._;=::.....~~~~~~~~~...J lil l?~!~gtt $ .:r- r-~-~~~~

D O R!;tl!JtriRt!r.'Q\Pttef.00 o ~l:ro~?::te-:t.€).~ Ro.Gu_rteµJ Cl fi~st!J~a_:j 0'1l!?t;~· Fen CJ ("rulolS~r11ei;l R•>\j!lit<l\l) ~ -· · ·~--~~-

~ Toti1.ll'lcoto(p&Fi;~•~$,._. -~--

1'-g :.1u<W(F.P'r:;w .. : Union Land Company !'- t;;,j,~~f,~~1;,;; 10515 20th Street SE, Ste #100: •.

Everett WA 98205 • - • • .• . • ··- ·.·' .... .,,, ...,,.,_. ,~,~ · · - !.~-· .. '

AFFIDA V1T OF ERIC NELSON IN SUPPORT OF DEFENDANT/ COUNTERCLAIMAINT/ CROSSCLA1MAINT

STANLEY CONSULTANTS, rNc.'S MOTION FOR SUMMARY JUDGMENT- 14

665

LAW OFFICES $-Ot W. D.anrJOd: Skt'<il

PO&.< 2720. 8otill, !&loo 83101 T8.£FHONE:! 2C3 &!<!-two FACSIJ.lllE; ~Ot~1:l00 Wt;GSIT ~ w..,...,.,.,9y~p¥sft:y.c.om

Grit)•G.t.J\cn Pt:;tct G .. 13."'ufun C'hfiti!<i~.o- J, UO:ct-01'

C<1tR.tlctl"°"' 8ikJ, Odin<i<f valiam c. Co{¢ r .. ~dtac! C. Crcamt:e Mli>tOHliM X'k..Un B;.>un~n ttJJli'I

Th°""'' E. Dvoto!< Jelfrcy G. F«Otloy lkrtin C. Keocri<;1;;on .&'G~ J. f-ilpf)tf Ocbor<t K. Kri::tt:t~tl't Atu!<i: C. K1.l<lkt:t

February 26, 2008

Sent via Certified Mail #7007 2560 0000 4559 7629

L222~1 ID Summerwind, LLC 10515 201h Street SE, Ste #100 Everett, WA 98205

.Jeremy G. Lo<lc !.iii;h;tel P. L~wr(',.1ce fc.;<J,J'" G. lee 0..tv:d Ii. L¢;tib;U{.{

Jcti:lM .. IJ'1r~Mf i<eMt!Ul Ft. McCb..a-'6 KtUY Green• M-:;Cef' .. 'l:~H Cyoll>lo A. Mell~ Chi~~tit H. M .. ~'t!r t. EtJ~11bllct P~tric>:: J, "'Mk"< k<io'Xl G. Mo>i!~om<>-; i\h~el> K.t;,J,Cfl o'"'°'.na.Nel«>> 'II. Ht-'Uh O'Rl~d~. LL.1-\$.

<;.Ar;ct.flHP~e

A*laM.Rood $.C¢{t A. Tf,Q-;1r$P, L!.JJ. J.W4JV~rin

Co<~ey f,, Vflotd Ml<~ 5. WNto Tcr4 R. Yc:t

""l'IRED Y.ei':f';etl'~ L. F':.!i.W~t R::-~r.i.c11~0.Gi"t-:.c J;i•M: A. McC:iul'¢

Matter: Reference:

Lien at SummerWind at Orchard Hills Sub. (Project #20507-01) GP 7795-8

Dear Owner:

Enclosed herewith ~s a copy of the lien claim that has been recorded against property purportedly owned by you. This firm represents the interests of the lfen Claimant. You are being provided a copy of this lien pursuant io Idaho Code 45-507-5.

TED/asb Enclosures Cc: Steve Arnold S."\C1.M;NTS\ffio\&\l.tr ~em er-~""

Sincerely,

\~\>r°'* Thomas E. Dvorak tt':e



666

··'

RECORDING REQUESTED AND WHEN RECORDED RETUR .. 'f TO:

ERIC B. NELSON G!VBNS PllRSLEY LLP 601 \V. BANNOCK ST. BOJSE, IDAHO 83702

CLATI\.'1 OF LIEN

TO: Union Land Compmiy, lnc.; L222-l ID Summerwind, LLC

PLEASE TAKE NOTICE the undersigned Claimant has and claims a lieu for the pe.rfonnance oflabor, services and/or t..lte delivery of materials for the improvement of the real property more particularly descn'bed as follows:

The laud and improvements thereto described on the attached Exhibit A.

I. Claimants Name: The name of tne Claimant is Stanley Consultants, Inc., hereinbefore and hereinafter referred to as "Claimant".

2. Statement of Claimant's Demand: Claimunt hereby demands the sum of $26, 185.25, which is the amount due to Claimant after deducting all just credits arJ.d offsets, and including late fees, filing fees, attorney fees, mailing charges and interest on the unpaid balance up to and including this date.

3. ;tl?1:nes of Owners: The names of the o\vners or reputed o>vncrs of said real propeiiy a.re: Union Land Company, Inc. and/or L222-l ID Summerwind, LLC.

4. Names of Employers: The name of the person by whom Claimant was employed or to whom it furnished the labor, services and materials on or to said real property to is Kevin Harris of Union Land Company, Inc., and L222-1 ID Summer\:Vind, LLC.

5. Completion: The furnishing of labor/services/materials was performed within the last ninety (90) days.

6. Mailing: The Claimant will deliver a copy of this Claim of Lien via certified U.S . . mail to the O'Nners no later than five (5) business days after recording.

Qated:Februaryl9,2008

CLAIM OF LIEN 20S07-0l

AFFIDAVIT OF ERIC NELSON IN SUPPORT OF DEFENDANT/ COUNTERCLAIMAINT/ CROSSCLAlMAINT


667

State ofid aho

County of Ada

) ) SS.

)

VERIFICATION

Steven Arnold, ooing first sworn, de-poses and siates that he [s Project Principal of the Claimant herein; that he has read the foregoing Claim of Lieu and knows the contents thereof and that the same is true and further, the affiant believes the same to be just, and that all just credits and offsets have been fully allowed therein.


State ofidaho

County of Ada

) ) ss. )

I, the undersigned Notary Public in and for said State, do hereby certify that on this J5! day of February 200&, personally appeared before me Steven Amold, kl1own or identified to me to be the person whose name is subscribed on the within instrument and who, being by me first duly sworn, declared that he signed the foregoing instrument, and tbe statements therein contained are true.

Notary Public for Idaho, ;/ Residing at -,!Jd.~,,.- (_a:__t_/d(_ ~ _ My Commission expires .. §~- .-:7y:;f/

State offdaho ) ) SS.

County of Ada ) 2/JO?J~

011 this tl_ day of February W89, before me, a Notary Public in and for said State, personally appeared Steven Arnold, known or identified to me to be the Project Principal of Stanley Consultants, Inc., the corporation that executed the instiument or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same.



668

EXHIBIT A

Legal Description of property to be charged with Hen


AT SurnmerWind at Orchard Hins Subdivision Phase II

FEBRUARY 4, 2008

LOT 40, BLOCK I, SUMMERWIND AT ORCHARD HILLS Sul3DIVISION PHASE I, AS RECORDED IN BOOK 39 OF PLATS AT PAGE 21, LOCATED fN SECTION 32, TOWNSHfP 4 NORTH, RANGE 4 WEST, BOISE MERIDIAN> CANYON COUNTY, IDAHO .

.MICHAELE. MAR.KS, PLS NO. 4998

CLAIM OF LIEN 20507-0l


STANLEY CONSULTANTS, INC. 'S MOTION FOR SUMMARY WDGMENT- 18

669

~1--~~~~_;;....-:~~-=~~~~~~'.:._!~!......__J Wl .:r

Cl Cl . fict~&i!cu:ipt~i} Cl' (Er,do~:;rn6'.!)f R.;q1#.r~d} ·

0 rl¢~.~ric.t~ JJ~\i'Q1yfaa. CJ (E..Y.Jli rsam1mt~<W~<i<l) 1---- - - -.::t·

~ '\04~ Postago & Ft:"° $ ru u'lm/ ra ........ ___ _)

6 tJi;;;,;r;: L222-1 ID Summerwind, LLC ~ ~~~110{)15 20th . Street SE, Ste #1 oo

. Eye,r~tt, WA 98205 .• , ' '·' ~.a;i;;·'!:>l''~~~~



670

Hap Taylor & Sons v. Summerwind Partners Clerk's Record v. 4 Dckt ...

Documents

Transcript of Hap Taylor & Sons v. Summerwind Partners Clerk's Record v. 4 Dckt ...