Legals January 16, 2020

CITY OF HOPE ORDINANCE 288 AN ORDINANCE OF THE CITY OF HOPE, IDAHO, GRANTING A FRANCHISE TO KANIKSU NETWORKS FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF FIBER OPTIC INTERNET FACILITIES WITHIN THE CITY OF HOPE CITY OF HOPE, COUNTY OF BONNER; PROVIDING FOR SEVERABILITY OF SECTIONS; PROVIDING AN EFFECTIVE DATE; AND, PROVIDING FOR PUBLICATION. WHEREAS, it is the responsibility of the City of Hope to review, grant or deny franchise agreements for various utilities; and, WHEREAS, Kaniksu Networks (hereinafter referred to as "Grantee") has requested a franchise to locate, construct, operate and maintain poles, wires, underground cables and appurtenances over, under along and across road rights of way and public properties herein mentioned for the purpose of transmitting and distributing internet services, with the City of Hope, State of Idaho (hereinafter referred to as "Grantor" or the "City") allowing them to construct, erect, operate, repair, replace, reconstruct and maintain poles, wires, coaxial and other cables, underground conduits, vaults, ducts, amplifiers, appliances, attachments and such other conductors and fixtures necessary for the proper maintenance and operation of a fiber optic internet system; over, under, along and across all of Grantor's rights of way and public property in the City of Hope, State of Idaho; and WHEREAS, Grantee is engaged in the business of providing internet services to customers consistent with applicable laws and regulations, and Grantor has determined it is in the interest of persons and businesses in this jurisdiction to have access to Grantee's services; NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF HOPE, BONNER COUNTY, IDAHO, that Kaniksu Networks, its successors and assigns, is hereby granted a Franchise for the purposes identified below and subject to the following terms and conditions: SECTION 1: TERMS AND CONDITIONS 1. GRANT Grantor hereby grants to Grantee, its successors and assigns, the right, power, privilege and authority to enter upon all public roads, rights of way, streets, alleys, public places or structures lying within the boundaries of Grantor and owned or maintained by Grantor, to locate, construct, operate, maintain, repair, and replace poles, wires, underground cables and all necessary or desirable appurtenances for the purpose of transmitting and distributing internet services. This Franchise shall allow for the placement of such facilities as may be necessary to provide or enhance service within the City and surrounding areas. 2. TERM The rights, privileges and franchise hereby granted to, and conferred upon the Grantee shall, unless this Franchise be sooner terminated as herein provided, extend for a term of 10 (TEN) years from the date of written acceptance hereof by the Grantee with the Grantee reviewing franchise agreement each year. 3. STANDARDS OF SERVICE TRIMMING/REMOVAL OF TREES. The right of Grantee to maintain its lines, facilities and appurtenances shall include the right, to cut, trim or remove any and all trees, brush or shrubs growing in, on, or hanging over any City roads, rights of way, streets, alleys or City property that interfere with or may interfere with Grantee's installations, including wires, poles, conduits or other apparatus of Grantee, its successors and assigns. However, such trimming or removal of trees shall comply with municipal ordinances and policies regarding the City's trees as may now exist or hereafter be adopted. RIGHT OF EXCAVATION. For the purpose of carrying into effect the privileges granted hereunder, Grantee is authorized at any time upon issuance and receipt of an encroachment permit approved by the City to make all necessary excavations in the public streets, alleys, roads, rights of way and public grounds within the franchised area, but such excavation shall be carried out with reasonable dispatch and with as little interference with or inconvenience to the rights of the public as may be feasible. Grantee shall restore all streets, alleys, roads, rights of way and public grounds to their original condition within five (5) working days. In case any obstruction caused by Grantee shall remain longer than five (5) days, or in case of neglect by Grantee to safeguard any dangerous places, Grantor may remove such obstruction or safeguard such dangerous places at the expense of the Grantee. When making such excavations grantee will comply with municipal ordinance or policies, including but not limited to, excavation and encroachment in public right of way, storm water, grading and street cut policies. Grantee further agrees to warrant the right of way repair for one year from the completion of the repair. CONDITIONS OF STREET OCCUPANCY. All transmission and distribution structures, poles, other lines and equipment installed or erected by Grantee pursuant to the terms hereof shall be located so as to cause minimum of interference with the proper use of Public Ways and with the rights and reasonable convenience of property owners who own property that adjoins any of such public ways. RESTORATION OF PUBLIC WAYS. If during the course of Grantee's construction, operation, or maintenance of the system there occurs a disturbance of any Public Way by Grantee, it shall, at its expense, replace and restore such Public Way to a condition reasonably comparable to the condition of the Public Way existing immediately prior to such disturbance. 4. NON-INTERFERENCE WITH EXISTING FACILITIES All construction, installation, repair or relocation of lines and appurtenances performed by Grantee along or under the roads, rights of way or properties subject to this Franchise shall be done in such a manner as not to interfere with the construction and maintenance of other utilities, public or private, drains, drainage ditches and structures, irrigation ditches and structures located therein, nor with the grading or improvement of such roads, rights of way or other public property subject to this Franchise. 5. NECESSARY CONSTRUCTION AND MAINTENANCE BY GRANTOR The laying, construction, operation and maintenance of Grantee's lines and appurtenances authorized by this Franchise shall not preclude the Grantor, its agents or its contractors, from blasting, grading, excavating, or doing other necessary road work contiguous to the said lines and facilities of Grantee, provided that Grantee shall be given not less than five (5) days' notice of said blasting or other work, and provided further that the Grantor, its agents and contractors shall be liable for any damages, including any consequential damages to third parties, proximately caused by said work to any installations belonging to Grantee. 6. CONDUCT OF GRANTEE'S BUSINESS In carrying out the authorized activities under the privileges granted herein, Grantee shall meet accepted industry standards and comply with all applicable laws of any governmental entity with jurisdiction over its operations. Service shall be supplied to the Grantor and its inhabitants in accordance with the Grantee's rules and regulations and tariffs filed or hereafter filed with the appropriate regulatory body of this State having jurisdiction over the Grantee. 7. RIGHTS OF INGRESS/EGRESS To the extent permitted by law, the Grantee, its agents and employees, shall have the right and power of ingress and egress upon its customers' properties for the purpose of installing, servicing and maintaining its facilities, including the testing and reading of service meters. 8. VACATION OF PROPERTIES BY GRANTOR If, at any time, the Grantor shall vacate any road, right of way or other public property which is subject to rights granted by this Franchise, such vacation shall be Subject to the reservation of a perpetual easement in favor of Grantee for the purpose of operating and maintaining facilities lines as is set forth in Idaho Code section 50-311. 9. RELOCATION OF FACILITIES Grantor shall notify Grantee of any intended or expected requirement or request by the city to relocate Grantee's facilities as early as practicable, but not later than 90 days prior to any such relocation when the requirement or request could have been foreseen by that date. Grantor shall endeavor to cause any such relocation to be consistent with any applicable long-term development plan or projection of Grantor or approved by Grantor. If, at any time, the Grantor shall cause or require the alteration or the improvement (the "Improvement") of any sidewalk, bike path, bike pedestrian path, road, highway, right-of-way or right of way appurtenance wherein Grantee maintains facilities subject to this franchise for any purpose including but not limited to grading or regrading, planking or paving the same, changing the grade, altering, changing, constructing, repairing or relocating the same or by constructing drainage or sanitary sewer facilities, the Grantee upon written notice from the Grantor shall, with all convenient speed at Grantee's sole cost, change the location or readjust the elevation of its system including, but not limited to poles and underground facilities and other facilities so that the same shall not interfere with such work and so that such equipment and facilities shall conform to such new grades, routes or other modifications as may be established. The relocation of Grantee's facilities shall be at the sole expense of Grantee unless: (i) Grantor shall require Grantee to adapt or conform its systems, or any part thereof, or to in anyway alter, relocate or change its property to enable any other person, firm, corporation or entity (whether public or private), other than Grantor, to use the public ways. Grantee shall be entitled to reimbursement from the person, firm, corporation or entity desiring or occasioning such change, alteration or relocation. 10. PRESERVATION OF GRANTOR'S RIGHTS TO CONTROL The Grantor, in granting this Franchise, does not waive any rights which it may now have or may hereafter acquire with respect to road rights of way or other property of Grantor under this Franchise, and this Franchise shall not be construed to deprive the Grantor of any such powers, rights or privileges which it now has or may hereafter acquire to regulate the use of and to control the Grantor's roads, rights of way and other public property covered by this Franchise. 11. EMERGENCY REMOVAL BY GRANTOR The Grantor reserves the right to remove any such wires, poles, or apparatus ("Grantee's facilities) herein provided for in case of general conflagration or in other cases of extreme emergency where there is neither the time nor the opportunity for Grantee to perform such work. Grantor shall use reasonable care in the exercise of such emergency powers. Grantor shall indemnify and hold harmless the Grantee, its successors and assigns, against any and all property damage, personal injury, death, or other liability to third parties sustained as a result of the negligent exercise of such reserved emergency powers, and shall at its expense, restore Grantee's facilities removed as a result of such exercise. 12. NON-EXCLUSIVE FRANCHISE This Franchise shall not be deemed to be an exclusive Franchise. It shall in no manner prohibit the Grantor from granting other franchises of a like nature or franchises to other public or private utilities under, along, across, over and upon any of Grantor's roads, rights of way or other property of Grantor subject to this Franchise and shall in no way prevent or prohibit the Grantor from constructing, altering, maintaining or using any of said roads, rights of way, drainage structures or facilities, irrigation structures or facilities, or any other property of Grantor or affect its jurisdiction over such property to make all necessary changes, relocations, repairs, maintenance, etc., insofar as the Grantor may deem fit. 13. FORFEITURE If Grantee shall willfully violate or fail to comply with any of the provisions of this Franchise through willful and unreasonable neglect or willful and unreasonable failure to heed or comply with any notice given Grantee under the provisions of this grant, then Grantee shall forfeit all rights conferred hereunder and this Franchise may be revoked or annulled by the Grantor; provided, however, the Grantor shall give ninety (90) days' written notice of its intention to revoke or annul the Franchise during which period Grantee shall have the opportunity to remedy any breach. 14. EXPANSION OF GRANTEE'S FACILITIES Any facilities and appurtenances in streets, alleys, rights of way and public places, incidental to the franchise system, that have been, or are at any future time acquired, leased, or utilized in any manner by Grantee are there upon to be deemed authorized by and shall be subject to all provisions of this Franchise. 15. CHANGE OF BOUNDARIES OF GRANTOR Any subsequent additions or modifications of the boundaries of the Grantor, whether by annexation, consolidation or otherwise, to the extent permitted by law shall be subject to the provisions of this Franchise as to all such areas. Grantor shall notify Grantee of the precise scope of any change of boundaries and upon request provide Grantee current City maps reflecting changes to annexation. 16. PRIOR FRANCHISES SUPERSEDED This Franchise shall update and supersede all prior franchises heretofore granted to Kaniksu Networks or their predecessors, by Grantor, or its predecessors, and shall affirm, authorize and ratify all prior installations authorized by permits or other action not previously covered by this Franchise. 17. ASSIGNMENT OF FRANCHISE Grantee, its successors and assigns, may not sell, transfer, or assign this franchise without the express written consent of the City of Hope. All provisions, conditions, regulations and requirements herein contained shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. 18. EFFECT OF INVALIDITY The Franchise is granted pursuant to the laws of the state of Grantor relating to the granting of such rights and privileges by Grantor. If any article, section, sentence, clause, or phrase of this Franchise is for any reason held illegal, invalid, or unconstitutional, such invalidity shall not affect the validity of the Franchise or any of the remaining portions. The invalidity of any portion of this Franchise shall not abate, reduce, or otherwise affect any obligation required of Grantee. 19. FRANCHISE AS CONTRACT This Franchise shall have the effect of and shall be a contract between Grantor and Grantee and shall be the measure of the rights and liabilities of the Grantor as well as of Grantee. 20. EQUALITY OF FRANCHISE FEES AND COSTS Grantor shall assess a franchise fee of $500.00 per year. The franchise fee shall be paid by the Grantee to the Grantor within thirty (30) days of the end of each fiscal year (September 30th). The franchise fee paid by the Grantee will be in lieu of fees imposed by Grantor on Grantee in connection with issuance, maintenance, existence, continuation, or use of the franchise or the public rights of way governed hereby, granted pursuant to this document. Except that, In addition to said fee, Grantee will provide a "Preferred Level of Service" to the Hope City Hall, for use by the City, at no cost to the City. 21. INSURANCE, and INDEMNIFICATION Insurance Requirements. Grantee shall maintain in full force and effect during the term of the Franchise, at its own cost and expense, Comprehensive General Liability Insurance in the amount of $1,000,000. Such insurance shall designate Grantor as an additional insured and provide proof to Grantor. Indemnification. Grantee agrees to indemnify, save and hold harmless, and defend Grantor, its officers, board members, contract employees and employees, from and against any liability for damages and for any liability or claims resulting from property damage or bodily injury (including accidental death) which arise out of Grantee's construction, operation or maintenance of its system, including, but not limited to, reasonable attorneys' fees and costs. 22. ABANDONMENT OF FRANCHISE Grantee may at any time abandon the rights and authorities granted hereunder, provided that six (6) months' written notice of intention to abandon is given to Grantor. 23. MISCELLANEOUS The Grantee shall assume the cost of publication of this Franchise and the ordinance implementing the Franchise if passed by the City, as required by law. A bill for publication costs shall be presented to the Grantee by the City Clerk upon the Grantee's filing of acceptance and shall be paid at the time. 24. ACCEPTANCE OF FRANCHISE Grantee shall notify Grantor in writing of its acceptance of this Franchise within thirty (30) days of the approval of this Franchise by Grantor. SECTION 2: SERVABILITY: If any part of this ordinance shall be declared invalid for any reason whatsoever, that declaration shall not affect the remaining portions of this ordinance, which shall remain in full force and effect. To this end, the provisions of this ordinance shall be servable. SECTION 3: EFFECTIVE DATE: This ordinance shall take effect and be in full force upon its publication. SECTION 4: PUBLICATION: This ordinance or its summary shall be published in one (1) issue of the Bonner County Daily Bee, which is hereby declared to be the official newspaper of the city for the publication of this ordinance PASSED BY THE CITY COUNCIL, AND APPROVED THE MAYOR, UNDER SUSPENSION OF THE RULES AS AN ORDINANCE OF THE CITY OF HOPE, BONNER COUNTY, IDAHO, AT A REGULAR MEETING OF THE HOPE CITY COUNCIL, HELD ON JANUARY 8, 2020. Councilmember Stutzke Aye Councilmember Percy Aye Councilmember Gorup Aye Councilmember Foster Absent Bill Breen, Mayor Attest: Debbie Lazoran, City Clerk SNP LEGAL 7519 AD#357855 JANUARY 16, 2020

PUBLIC NOTICE The following application(s) have been filed to appropriate the public waters of the State of Idaho: 96-9784 KENNETH E HOOPER VIVIAN A HOOPER 95 BAY DR SAGLE, ID 83860-8274 Point of Diversion L6(SWSE) S33 T57N R01W BONNER County Source LAKE PEND OREILLE Tributary PEND OREILLE RIVER Use: DOMESTIC 01/01 to 12/31 0.04 CFS Total Diversion: 0.04 CFS Date Filed: 12/23/2019 Place Of Use: DOMESTIC T57N R01W S33 L5(SESW) L6(SWSE) Permits will be subject to all prior water rights. For additional information concerning the property location, contact Northern Region office at (208) 762-2800. Protests may be submitted based on the criteria of Idaho Code § 42-203A. Any protest against the approval of this application must be filed with the Director, Dept. of Water Resources, Northern Region, 7600 N MINERAL DR STE 100, COEUR D ALENE ID 83815-7763 together with a protest fee of $25.00 for each application on or before 2/3/2020. The protestant must also send a copy of the protest to the applicant. GARY SPACKMAN, Director SNP LEGAL 7490 AD#356382 JANUARY 16, 23, 2020

NOTICE OF TRUSTEE'S SALE To be sold for cash at a Trustee's Sale on April 30, 2020, 09:00 AM on the front steps of the main entrance, Bonner County Courthouse, 215 S. 1st Avenue, Sandpoint, ID 83864, the following described real property situated in Bonner County, State of Idaho ("Real Property"): The North Half of the South Half of the North Half of the Northwest Quarter of the Northeast Quarter, East of Pack River County Road in Section 30, Township 59 North, Range 1 West, Boise Meridian, Bonner County, Idaho Commonly known as: 1671 Upper Pack River Road, Sandpoint, ID 83864 Linda Florea, as Trustor conveyed Real Property via a Trust Deed dated March 2, 2009, in favor of Urban Financial Group as Beneficiary, in which Alan E. South, Attorney at Law was named as Trustee. The Trust Deed was recorded in Bonner County, Idaho, on August 19, 2009, as Instrument No. 778268, of Official Records. The Deed of Trust was assigned for value as follows: Assignee: Reverse Mortgage Solutions, Inc. Assignment Dated: August 29, 2013 Assignment Recorded: December 24, 2013 Assignment Recording Information: Instrument No. 854496 Shelly M. Espinosa is the Successor Trustee pursuant to a Substitution of Trustee recorded in the office of the Clerk and Recorder of Bonner, State of Idaho on December 3, 2019 at Instrument No. 949800, of Official Records. The Beneficiary has declared a default in the terms of said Deed of Trust due to the Trustor's failure to perform an obligation of the Security Instrument. By reason of said default, the Beneficiary has declared all sums owing on the obligation secured by said Trust Deed immediately due and payable. The total amount due on this obligation is the $315,276.92, plus accruing interest, late charges, and other fees and costs that may be incurred or advanced. The Beneficiary anticipates and may disburse such amounts as may be required to preserve and protect the property and for real property taxes that may become due or delinquent, unless such amounts of taxes are paid by the Trustor. If such amounts are paid by the Beneficiary, the amounts or taxes will be added to the obligations secured by the Deed of Trust. Other expenses to be charged against the proceeds of this sale include the Trustee's fees and attorney's fees, costs and expenses of the sale, and late charges, if any. Beneficiary has elected, and has directed the Trustee to sell the above described property to satisfy the obligation. The sale is a public sale and any person, including the Beneficiary, may bid at the sale. The bid price must be paid immediately upon the close of bidding in cash or cash equivalents (valid money orders, certified checks or cashier's checks). The conveyance will be made by Trustee's Deed, without any representation or warranty, including warranty of title, express or implied, as the sale is made strictly on an as-is, where-is basis, without limitation, the sale is being made subject to all existing conditions, if any, of lead paint, mold or other environmental or health hazards. The Trustor, successor in interest to the Trustor, or any other person having an interest in the property, or any person named in IRC § 45-1506, has the right, at any time prior to the Trustee's Sale, to pay to the Beneficiary, or the successor in interest to the Beneficiary, the entire amount then due under the Deed of Trust and the obligation secured thereby (including costs and expenses actually incurred and attorney's fees) other than such portion of the principal as would not then be due had no default occurred and by curing any other default complained of herein that is capable of being cured by tendering the performance required under the obligation or to cure the default, by paying all costs and expenses actually incurred in enforcing the obligation and Deed of Trust with Successor Trustee's and attorney's fees. In the event that all defaults are cured the foreclosure will be dismissed and the foreclosure sale will be canceled. The scheduled Trustee's Sale may be postponed by public proclamation up to 30 days for any reason. If the Trustee is unable to convey title for any reason, the successful bidder's sole and exclusive remedy shall be the return of monies paid to the Successor Trustee and the successful bidder shall have no further recourse. The above Trustor are named to comply with IRC § 45-1506(4)(a). No representation is made that they are, or are not, presently responsible for this obligation. This is an attempt to collect a debt and any information obtained will be used for that purpose. Dated this 26th day of December, 2019. Shelly M. Espinosa Substitute Trustee 376 East 400 South, Suite 300, Salt Lake City, UT 84111 Telephone: 801-355-2886 Office Hours: Mon.-Fri., 8AM-5PM (MST) File No. ID10003 SNP LEGAL 7471 AD#353821 JANUARY 2, 9, 16, 23, 2020