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Application(:�EiIDIAN.,z,�IZ Mayor Tammy de Weerd City Council Members: Lube Cfavener Joe Borton Ty Falmer Genesis Milam Treg Bernt Anne Little R obarts TRANMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To ensure that your comments and recommendation will be considered by the Meridian Planning and Zoning Commission/City Council, Please submit your comments and recommendations to cityclerkgmeridiancit_y.org, attention C.Jay Coles, City Clerk by February 15, 2019 Transmittal Date: 01-23-2019 Hearing Date: 02-21-2019 Project Name & File Number: Harvest Church Preschool H-2019-0007 Applicant: Church of the Harvest Property Location: 831 W. Main St. Application Request: A Conditional Use Permit for a daycare center on 0.83 acres of land in the O -T zoning district City Council / Planning and Zoning Commission Valley Transit Mayor Idaho DEQ Sanitary Services West Ada School District Building Department & Community Development Meridian Post Office Fire Department Ada County Highway District Police Department Ada County Development Services City Attorney Central District Health City Public Works Compass City Planner Nampa Meridian Irrigation District Parks Departments Settlers Irrigation District Economic Development Idaho Power, Intermountain Gas, Century Link Historic Preservation Commission Idaho Transportation Department New York Irrigation District South or RR/SW Meridian Boise Project Board of Control NW Pipeline Boise-Kuna Irrigation District Ada County Associate Land Records Downtown Projects Meridian Development Corporation City Clerk's Office • 33 E. Broadway Avenue, Meridian, ID 83642 - P: 208-888-4433 E: cityclerk@meridiancity.org • www.meridiancity.org Hearing Date: February 21, 2019 File No.: H-2019-0007 Project Name: Harvest Church Preschool Request: Request for a conditional use permit for a daycare center on 0.83 acres of land in the O -T zoning district, by Church of the Harvest. Location: The site is located at 831 W. Main St., in the NW 1/4 of Section 7, Township 3N., Range IE. �E NDIAN -- Planning Division DEVELOPMENT REVIEW APPLICATION STAFF USE ONLY:t+ // / / -- Project name: a oU Q t (fit w-, f e Schwa r JAN File number(s): Assigned Planner: e a Related files: Type of Review Requested (check all that apply) ❑ Ac essory Use (check only 1) ❑ Final Plat Modification , ❑ Landscape Plan Modification ❑ Home Occupation ❑ Preliminary Plat ❑ Home Occupation/Instruction for 7 or more ❑ Private Street ❑ Administrative Design Review ❑ Property Boundary Adjustment ❑ Alternative Compliance ❑ Rezone ❑ Annexation and Zoning ❑ Short Plat ❑ Certificate of Zoning Compliance ❑ Time Extension (check only 1) ❑ City Council Review ❑ Director ❑ Comprehensive Plan Map Amendment ❑ Commission ❑ Comprehensive Plan Text Amendment ❑ UDC Text Amendment l�Conditional Use Permit ❑ Vacation (check only 1) ❑ Conditional Use Modification (check only 1) ❑ Director ❑ Director ❑ Commission ❑ Commission ❑ Variance ❑ Development Agreement Modification ❑ Other ❑ Final Plat Applicant Information Applicant name: �p�t� f PKe SG 60 Phone: 2 ` 3 �5' © 99 Applicant address: /`'fa, -4 � ', Email: A 9 boi SC Cl a f�yG or) City: /Ll P►,-" Olt di State: zip: 9 36 K 2 - Applicant's Applicant's interesst in property: [ Own ❑ Rent ❑ Optioned ❑ Other Ownername: C-Allrt14 a-,( f -ie_ k112#,-yG5 1— Phone: 20 d 3gS-O 3Y Owner address: 9 3 l w ^4;A C 7 Email: hG.t b,,je teddy �o r✓ City: /V1 W i J 1 d Agent/Contact name (e.g., architect, engineer, developer, representative): Firm name: Agent address: City: Primary contact is: ❑ Applicant ❑ Owner ❑ Agent/Contact State: TO zip: 9 3 (1Y 2 Email: State: Phone: Zip: Subject Property Informattion Location/street address: 0 3 ( W. /t'toi /1 ST Township, range, section: ��/� Br,`�;�, 'ro--4 s re Assessor's parcel number(s): n 56-72000 of O Total acreage: , '40 3 Zoning district: Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancity.org(planning -1 Rev: (2/2/20182/7/2018) Proj ect/subdivision name: General description of proposed project/request: Proposed zoning district(s): Acres of each zone proposed: Type of use proposed (check all that apply): ❑ Residential ❑ Office ❑ Commercial ❑ Employment ❑ Industrial ❑ Other Who will own & maintain the pressurized irrigation system in this development? Which irrigation district does this property lie within? Primary irrigation source: Secondary: Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): Residential Project Summary (if applicable) Number of residential units: Number of building lots: Number of common lots: Number of other lots: Proposed number of dwelling units (for multi -family developments only): 1 bedroom: 2-3 bedrooms: 4 or more bedrooms: Minimum square footage of structure (excl. garage): Maximum building height: _ Minimum property size (s.f): Average property size (s.£): Gross density (Per UDC 11-1A-1): Net density (Per UDC 11-lA-1): Acreage of qualified open space: Percentage of qualified open space: Type and calculations of qualified open space provided in acres (Per UDC 11 -3G -3B): Amenities provided with this development (if applicable): _ Type of dwelling(s) proposed: ❑ Single-family Detached ❑ Duplex ❑ Multi -family ❑ Vertically Integrated ❑ Single-family Attached ❑ Townhouse ❑ Other Non-residential Project Summary (if applicable) Number of building lots: Common lots: Other lots: Gross floor area proposed: Hours of operation (days and hours): Total number of parking spaces provided: Authorization Existing (if applicable): Building height: Number of compact spaces provided: Print applicant name: Blit, yme✓ V✓aV r 11 Applicant signature: il/ %/% Date: Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridianciiy.org/planniii.g -2- Rev. -(21712018) Jan 15th, 2019 City Counsel City of Meridian 33 E Broadway Ave. Meridian, Idaho 83642 Dear City Counsel, Harvest Preschool is a preschool that is designed to help young students grow and excel in both academics and life skills. This religious -based preschool is located at 831 N Main Street, Meridian, Idaho. It is Harvest Preschool's intent to grow in volume and provide a greater service to the community. Harvest Preschool is seeking a Conditional Use Permit that would allow this to happen. In researching the needs of the families in the Meridian area, it became clear that there was an unmet desire for quality preschool providers that were flexible and affordable. The Treasure Valley has been expanding as the number of people moving here is continuing to grow, but the number of early education centers has not grown at the same rate. Harvest Preschool was born out of this demand. The school is offered to students that are 3-5 years of age. To maximize the use to the community, families are allowed to select their own schedule from the options available. Classes run Monday -Friday and include morning, full-day, and extended care. This provides safe and affordable options for working and non -working families. All children are educated in academics and life skills. These students are then ready to excel in the public -school system when they are of age. Classes start at 8:30a.m. and run through 11:30am, 3:30pm, or 6:00pm depending on what options were chosen by the family. Families are allowed to choose the days that their student attends. This varied schedule allows for preschool related traffic to be more evenly distributed. The Harvest Church parking spaces are available for all preschool parking needs. There are currently 46 parking spaces available which exceeds the needs for the preschool. The spaces are located within the parking lot adjacent to the south side of the Harvest Church main building, spaces along the southeast side of the building, and along the west side. Safety precautions such as bollards at the corners of the building, fresh pavement striping and caution flags have been installed or are in use when children are present. Nearby crosswalks will not be affected since enough parking is located on the same block as the preschool. The preschool serves families living in the Meridian area and many currently drive through the downtown block. The main entrance for the preschool is located on the South side of the main building of Harvest Church. This provides a safe and easily accessible access from the available parking. The main entrance doors are locked and unlocked for any drop-off or pick-up timeframe. Otherwise, the doors remain locked unless parents call the preschool office and request entrance. No changes in landscape are being pursued and no changes in elevation of any ground area are anticipated. Students utilize classrooms that currently in use for religious purposes on a weekly basis. These classrooms include one activity room on the main level with three classrooms and an office in the lower level of the main building. Department of Health and Welfare has already conducted a health and safety inspection and approved of the current standards and procedures in place. Proof of liability, Fire Insurance, and a Fire Inspection for the facility have been sent to Idaho Stars for approval. Sincerely, Benjamin Butterworth Harvest Preschool Director (208) 412-3936 Lj kIEVAM Tra 63, ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 6.00 2 BOISE IDAHO 12/18/09 04:19PM DEPUTY Bonnie B. Oberbillig RECORDED -REQUEST OF 1111111111111111111 IN 111111111111111111111111111111 TITLEONE BOISE 109140590 A0T?740q JIG/LS W i ARRANTY DEED For Value Received, Home Federal Bank, a Federally Chartered Corporation, the Grantor, does hereby grant, bargain sell and convey unto, Church of the Hai vest, Inc., an Idaho nonprofit corporation, whose current address is 120 S. Cole Rd., Boise, Idaho 83709, the Grantee, the following described premises, in Ada County, Idaho, To Wit: Parcel I: Lots 9, 10, 11, 12, 13 and 14 in Block 3 of Amended Plat of Townsite of Meridian, according to the official plat thereof, filed in Book 1 of Plats at Page 30, records of Ada County, Idaho. Parcel II: Lots 17, 18, 19, 20, 21, 22, 23, 24, 25 and 26 in Block 3 of Amended Plat of Townsite of Meridian, according to the official plat thereof; filed in Book 1 of Plats at Page 30, records of Ada County, Idaho. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, its heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that Grantor is the owner in fee simple of said premises; that they are free from all encumbrances EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee; and subject to all existing patent reservations, easements, right(s) of way, protective covenants, zoning ordinances, and applicable building codes, laws and regulations, general taxes and assessments, including irrigation and utility assessments (if any) for'the. current year, which are not due and payable, and that Grantor will warrant and defend the same from all lawful claims whatsoever. Whenever the context so requires, the singular number includes the plural. The property is hereby conveyed "As Is", "Where,Is" and -With all faults, and Grantors make no representation or warranty whatsoever whether expressed implied or statutory with respect to the property (with the exception of the warranty of title contained herein), the availability of utilities access of the property to public roads, appliances or the condition, adequacy or suitability of the property for any purposes. Grantee agrees that grantee is not relying on any warranty of representation of the Grantors or any agent, employee or representative or Grantors, and that Grantee is buying the property "As Is", "Where Is", subject to all faults and without any expressed or implied warranties of any kind (except the warranty of title contained herein), including, but not limited to materials, worlunanship, good and workmanlike construction, designed, condition, habitability, tenant ability, fitness for a particular purpose, merchantability or the environmental condition of the property and the presence of our contamination by hazardous materials and Grantors hereby disclaim any such warranty (except the warranty of title contained herein). Grantee has determined on Grantee's behalf (I) the physical condition of the property and that there is not defect or condition which is unacceptable to Grantee, (II) whether any portion of the property lies in any flood plain, flood way or special flood hazard area, (III) whether any geological fault or unsatisfactory soil condition exists on any portion of the property and (IV) that all environmental conditions relating to the property are acceptable to Grantee. Dated: December L, 2009 ome Fedei)al �, 4 Federally Chartered Corporation Eris S. Nadeau Executive Vice Presides t State of Idaho ) p,n ) ss. County of COMO . 0 V1) On this of December, 2009, before me, the undersigned, a Notary Public in and for said State, personally appeared Eric S. Nadeau, known or identified to me to be the Executive Vice President of the corporation that executed the within instrument and acknowledged to me that he executed the same for and on behalf of said corporation and that such corporation executed it. IN WITNESS WFIEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above NOT PUBLIC aaa My Commission Expires: � "201y PV9j%C, 3,N.4 OF `4`' RECORDATION REQUESTED BY: Northwest Christian Credit Union Colorado Branch 716 E. Colorado Ave. Nampa, ID 83686 WHEN RECORDED MAIL TO: Northwest Christian Credit Union Colorado Branch 716 E. Colorado Ave. Nampa, ID 83686 DEED OF TRUST SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $900,000.00. THIS DEED OF TRUST is dated December 18, 2009, among Church of the Harvest, Inc., whose address is 831 Main St, Meridian , ID 83642 ("Grantor"); Northwest Christian Credit Union, whose address is Colorado Branch, 716 E. Colorado Ave., Nampa, ID 83686 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Title One, Inc., whose address is 1101 W. River St., Suite 201, Bopise, ID 83702 (referred to below as "Trustee"). CONVEYANCE AND GRANT. For valuable consideration, Grantor does hereby irrevocably grant, bargain, sell and convey in trust, with power of sale, to Trustee for the benefit of Lender as Beneficiary, all of Grantor's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in ADA County, State of Idaho: See See Exhibit, which is attached to this Deed of Trust and made a part of this Deed of Trust as if fully set forth herein. The Real Property or its address is commonly known as 831 Main St, Meridian , ID 83642. Grantor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Grantor's right, title, and interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Grantor shall pay to Lender all amounts secured by this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Grantor's obligations under the Note, this Deed of Trust, and the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain in possession and control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property. The following provisions relate to the use of the Property or to other limitations on the Property. THE REAL PROPERTY IS NOT MORE THAN EIGHTY (80) ACRES AND IS NOT PRINCIPALLY USED FOR THE AGRICULTURAL PRODUCTION OF CROPS, LIVESTOCK, DAIRY OR AQUATIC GOODS, OR IS NOT MORE THAN FORTY (40) ACRES REGARDLESS OF USE, OR IS LOCATED WITHIN AN INCORPORATED CITY OR VILLAGE. Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Compliance With Environmental Laws. Grantor represents and warrants to Lender that: (1) During the period of Grantor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (2) Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Grantor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Grantor authorizes Lender and its agents to enter upon the Property to make such inspections and tests, at Grantor's expense, as Lender may deem appropriate to determine compliance of the Property with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Grantor or to any r; ;_ 1 � 1 z Fuge 2 other person. The representations and warranties contained herein are based on Grantor's due diligence in investigating the Property for Hazardous Substances. Grantor hereby (1) releases and waives any future claims against Lender for Indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under any such laws; and .(2) agrees to indemnify, defend, and hold harmless Lender against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Grantor's ownership or Interest in the Property, whether or not the same was or should have been known to Grantor. The provisions of this section of the Deed of Trust, including the obligation to indemnify and defend, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise. Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Grantor will not remove, or grant to any other party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent. Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without Lender's prior written consent. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value. Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of Grantor's compliance with the terms and conditions of this Deed of Trust. Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property, including without limitation, the Americans With Disabilities Act. Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest. Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other acts, in addition to those acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property. DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums secured by this Deed of Trust upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real Property, or any interest in the Real Property. A "sale or transfer" means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a term greater than three (3) years, lease -option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real Property. However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Idaho law. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of Trust: Payment. Grantor shall pay when due (and in all events prior to delinquency) all taxes, special taxes, assessments, charges (including water and sewer), fines and impositions levied against or on account of the Property, and shall pay when due all claims for work done on or for services rendered or material fumished to the Property. Grantor shall maintain the Property free of all liens having priority over or equal to the interest of Lender under this Deed of Trust, except for the lien of taxes and assessments not due and except as otherwise provided in this Deed of Trust. Right to Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation to pay, so long as Lender's interest in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment, Grantor shall within fifteen (15) days after the lien arises or, if a lien is filed, within fifteen (15) days after Grantor has notice of the filing, secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and reasonable attorneys' fees, or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest, Grantor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety bond fumished in the contest proceedings. Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property. Notice of Construction. Grantor shall notify Lender at least fifteen (15) days before any work is commenced, any services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materiaimen's lien, or other lien could be asserted on account of the work, services, or materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of Trust. Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Grantor shall also procure and maintain comprehensive general liability insurance in such coverage amounts as Lender may request with Trustee and Lender being named as additional insureds in such liability insurance policies. Additionally, Grantor shall maintain such other insurance, including but not limited to hazard, business interruption, and boiler insurance, as Lender may reasonably require. Policies shall be written in form, amounts, coverages and basis reasonably acceptable to Lender and issued by a company or companies reasonably acceptable to Lender. Grantor, upon request of Lender, will deliver to Lender from time to time the policies or certificates of insurance in form satisfactory to Lender, including stipulations that coverages will not be cancelled or diminished without at least thirty (30) days prior written notice to Lender. Each Insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or default of Grantor or any other person. Should the Real Property be located in an area designated by the Director of the Federal DEED OF TRUST (Continued) Page Emergency Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, if available, for the full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of the loan. Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property if the estimated cost of repair or replacement exceeds $10,000.00. Lender may make proof of loss if Grantor fails to do so within fifteen (15) days of the casualty. Whether or not Lender's security is impaired, Lender may, at Lender's election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor is not in default under this Deed of Trust. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Deed of Trust, then to pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Grantor as Grantor's interests may appear. Grantor's Report on Insurance. Upon request of Lender, however not more than once a year, Grantor shall furnish to Lender a report on each existing policy of insurance showing: (1) the name of the insurer; (2) the risks insured; (3) the amount of the policy; (4) the property insured, the then current replacement value of such property, and the manner of determining that value; and (5) the expiration date of the policy. Grantor shall, upon request of Lender, have an independent appraiser satisfactory to Lender determine the cash value replacement cost of the Property. LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in the Property or if Grantor fails to comply with any provision of this Deed of Trust or any Related Documents, including but not limited to Grantor's failure to discharge or pay when due any amounts Grantor is required to discharge or pay under this Deed of Trust or any Related Documents, Lender on Grantor's behalf may (but shall not be obligated to) take any action that Lender deems appropriate, including but not limited to discharging or paying all taxes, liens, security interests, encumbrances and other claims, at any time levied or placed on the Property and paying all costs for insuring, maintaining and preserving the Property. All such expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. The Deed of Trust also will secure payment of these amounts. Such right shall be in addition to all other rights and remedies to which Lender may be entitled upon Default. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed of Trust: Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property in fee simple, free and clear of all liens and encumbrances other than those set forth in the Real Property description or in any title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Deed of Trust, and (b) Grantor has the full right, power, and authority to execute and deliver this Deed of Trust to Lender. Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of Trustee or Lender under this Deed of Trust, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation. Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorities. Survival of Representations and Warranties. All representations, warranties, and agreements made by Grantor in this Deed of Trust shall survive the execution and delivery of this Deed of Trust, shall be continuing in nature, and shall remain in full force and effect until such time as Grantor's Indebtedness shall be paid in full. CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust: Proceedings. if any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing, and Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Grantor will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from time to time to permit such participation. Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all reasonable costs, expenses, and attorneys' fees incurred by Trustee or Lender in connection with the condemnation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees and charges are a part of this Deed of Trust: Current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to this Deed of Trust and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Grantor shall reimburse Lender for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Deed of Trust, Including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Deed of Trust. Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Deed of Trust or upon all or any part of the Indebtedness secured by this Deed of Trust; (2) a specific tax on Grantor which Grantor is authorized or required to deduct from payments on the Indebtedness secured by this type of Deed of Trust; (3) a tax on this type of Deed of Trust chargeable against the Lender or the holder of the Note; and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal DEED OF TRUST (Continued) Page 4 and interest made by Grantor. Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Deed of Trust, this event shall have the same effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless Grantor either (1) pays the tax before it becomes delinquent, or (2) contests the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security agreement are a part of this Deed of Trust: Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. Security Interest. Upon request by Lender, Grantor shall take whatever action is requested by Lender to perfect and continue Lender's security interest in the Rents and Personal Property. in addition to recording this Deed of Trust in the real property records, Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this Deed of Trust as a financing statement. Grantor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon default, Grantor shall not remove, sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Grantor and Lender and make it available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable law. Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party) from which information concerning the security interest granted by this Deed of Trust may be obtained (each as required by the Uniform Commercial Code) are as stated on the first page of this Deed of Trust. FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and attorney-in-fact are a part of this Deed of Trust: Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, or will cause to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue, or preserve (1) Grantor's obligations under the Note, this Deed of Trust, and the Related Documents, and (2) the liens and security interests created by this Deed of Trust as first and prior liens on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law or Lender agrees to the contrary in writing, Grantor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph. Attorney -in -Fact. If Grantor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocably appoints Lender as Grantor's attorney-in-fact for the purpose of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in the preceding paragraph. FULL PERFORMANCE. If Grantor pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Grantor under this Deed of Trust, Lender shall execute and deliver to Trustee a request for full reconveyance and shall execute and deliver to Grantor suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the Personal Property. Any reconveyance fee required by law shall be paid by Grantor, if permitted by applicable law. EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Deed of Trust: Payment Default. Grantor fails to make any payment when due under the Indebtedness. Other Defaults. Grantor fails to comply with or to perform any other term, obligation, covenant or condition contained in this Deed of Trust or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained In any other agreement between Lender and Grantor. Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this Deed of Trust, the Note or in any of the Related Documents. Default on Other Payments. Failure of Grantor within the time required by this Deed of Trust to make any payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. False Statements. Any warranty, representation or statement made or furnished to Lender by Grantor or on Grantor's behalf under this Deed of Trust or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Defective Collateralization. This Deed of Trust or any of the Related Documents ceases to be in full force and effect (including failure of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason. Insolvency. The dissolution or termination of Grantor's existence as a going business, the insolvency of Grantor, the appointment of a receiver for any part of Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Grantor. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Grantor or by any governmental agency against any property securing the Indebtedness. This includes a garnishment of any of Grantor's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Grantor as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Grantor gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and Lender that is not remedied within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other obligation of Grantor to Lender, whether existing now or later. DEED OF TRUST (Continued) Page 6 Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. Adverse Change. A material adverse change occurs in Grantor's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is impaired. RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at any time thereafter, Trustee or Lender may exercise any one or more of the following rights and remedies: Notice of Default. In the Event of Default Lender shall execute or cause the Trustee to execute a written notice of such default and of Lender's election to cause the Property to be sold to satisfy the Indebtedness, and shall cause such notice to be recorded in the office of the recorder of each county wherein the Real Property, or any part thereof, is situated. Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Deed of Trust, after Grantor's failure to perform, shall not affect Lender's right to declare a default and exercise its remedies. Accelerate Indebtedness. Lender shall have the right at its option without notice to Grantor to declare the entire Indebtedness immediately due and payable, including any prepayment penalty which Grantor would be required to pay. Foreclosure. With respect to all or any part of the Real Property, the Trustee shall have the right to foreclose by notice and sale, and Lender shall have the right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable law. UCG Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code. Collect Rents. Lender shall have the right, without notice to Grantor to take possession of and manage the Property and collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lender, then Grantor irrevocably designates Lender as Grantor's attorney-in-fact to endorse Instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either in person, by agent, or through a receiver. Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver. Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided above or Lender otherwise becomes entitled to possession of the Property upon default of Grantor, Grantor shall become a tenant at sufferance of Lender or the purchaser of the Property and shall, at Lender's option, either (1) pay a reasonable rental for the use of the Property, or (2) vacate the Property immediately upon the demand of Lender. Other Remedies. Trustee or Lender shall have any other right or remedy provided in this Deed of Trust or the Note or available at law or in equity. Notice of Sale. Lender shall give -Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the time after which any private sale or other intended disposition of the Personal Property is to be made. Reasonable notice shall mean notice given at least ten (10) days before the time of the sale or disposition. Any sale of the Personal Property may be made in conjunction with any sale of the Real Property. Sale of the Property. To the extent permitted by applicable law, Grantor hereby waives any and all rights to have the Property marshalled. In exercising its rights and remedies, the Trustee or Lender shall be free to sell all or any part of the Property together or separately, in one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property. Notice of sale having been given as then required by law, and not less than the time required by law having elapsed, Trustee, without demand on Grantor, shall sell the property at the time and place fixed by it in the notice of sale at public auction to the highest bidder for cash in lawful money of the United States,. payable at time of sale. Trustee shall deliver to the purchaser his or her deed conveying the Property so sold, but without any covenant or warranty express or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness of such matters or facts. After deducting all costs, fees and expenses of Trustee and of this Trust, including cost of evidence of title and reasonable attorneys' fees, including those in connection with the sale, Trustee shall apply proceeds of sale to payment of (a) all sums expended under this Deed of Trust, not then repaid with interest thereon as provided in this Deed of Trust; (b) all Indebtedness secured hereby; and (c) the remainder, if any, to the person or persons legally entitled thereto. Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of Trust, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, ,without limitation, however subject to any limits under applicable law, Lender's reasonable attorneys' fees and Lender's legal expenses whether or not there is a lawsuit, including reasonable attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post -judgment collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by law. Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this section. POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are part of this Deed of DEED OF TRUST Page 6 Trust: Powers of Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee shall have the power to take the following actions with respect to the Property upon the written request of Lender and Grantor: (a) join in preparing and filing a map or plat of the Real Property, including the dedication of streets or other rights to the public; (b) join in granting any easement or creating any restriction on the Real Property; and (c) join in any subordination or other agreement affecting this Deed of Trust or the interest of Lender under this Deed of Trust. Obligations to Notify. Trustee shall not be obligated to notify any other party of a pending sale under any other trust deed or lien, or of any action or proceeding in which Grantor, Lender, or Trustee shall be a party, unless the action or proceeding is brought by Trustee. Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights and remedies set forth above, with respect to all or any part of the Property, the Trustee shall have the right to foreclose by notice and sale, and Lender shall have the right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable law. Successor Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee appointed under this Deed of Trust by an instrument executed and acknowledged by Lender and recorded in the office of the recorder of ADA County, State of Idaho. The instrument shall contain, in addition to all other matters required by state law, the names of the original Lender, Trustee, and Grantor, the book and page where this Deed of Trust is recorded, and the name and address of the successor trustee, and the instrument shall be executed and acknowledged by Lender or its successors in interest. The successor trustee, without conveyance of the Property, shall succeed to all the title, power, and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for substitution of Trustee shall govern to the exclusion of all other provisions for substitution. NOTICES. Any notice required to be given under this Deed of Trust, including without limitation any notice of default and any notice of sale shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. All copies of notices of foreclosure from the holder of any lien which has priority over this Deed of Trust shall be sent to Lender's address, as shown near the beginning of this Deed of Trust. Any party may change its address for notices under this Deed of Trust by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address. Unless otherwise provided or required by law, if there is more than one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to all Grantors. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust: Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Deed of Trust. No alteration of or amendment to this Deed of Trust shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Annual Reports. If the Property is used for purposes other than Grantor's residence, Grantor shall furnish to Lender, upon request, a certified statement of net operating income received from the Property during Grantor's previous fiscal year in such form and detail as Lender shall require. "Net operating income" shall mean all cash receipts from the Property less all cash expenditures made in connection with the operation of the Property. Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to interpret or define the provisions of this Deed of Trust. Merger. There shall be no merger of the interest or estate created by this Deed of Trust with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender. Governing Law. This Deed of Trust will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the State of Idaho without regard to its conflicts of law provisions. This Deed of Trust has been accepted by Lender in the State of Idaho. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Deed of Trust shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Deed of Trust. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Deed of Trust, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Severability. If a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal, invalid, or unenforceable as to any circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other circumstance. if feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be considered deleted from this Deed of Trust. Unless otherwise required by law, the illegality, invalidity, or unenforceability of any provision of this Deed of Trust shall not affect the legality, validity or enforceability of any other provision of this Deed of Trust. Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Grantor's interest, this Deed of Trust shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes vested in a person other than Grantor, Lender, without notice to Grantor, may deal with Grantor's successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this Deed of Trust or liability under the Indebtedness. Time is of the Essence. Time is of the essence in the performance of this Deed of Trust. Waiver of Homestead Exemption. Grantor hereby releases and waives all rights and benefits of the homestead exemption laws of the State of Idaho as to all Indebtedness secured by this Deed of Trust. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Deed of Trust. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words Wage 7 and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise defined in this Deed of Trust shall have the meanings attributed to such terms in the Uniform Commercial Code: Beneficiary. The word "Beneficiary" means Northwest Christian Credit Union, and its successors and assigns. Borrower. The word "Borrower" means Church of the Harvest, Inc. and includes all co-signers and co -makers signing the Note and all their successors and assigns. Deed of Trust. The words "Deed of Trust' mean this Deed of Trust among Grantor, Lender, and Trustee, and includes without limitation all assignment and security interest provisions relating to the Personal Property and Rents. Default. The word "Default" means the Default set forth in this Deed of Trust in the section titled "Default". Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA'), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, at seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules, or regulations adopted pursuant thereto. Event of Default. The words "Event of Default" mean any of the events of default set forth in this Deed of Trust in the events of default section of this Deed of Trust. Grantor. The word "Grantor" means Church of the Harvest, Inc., Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation parry to Lender, including without limitation a guaranty of all or part of the Note. Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous Substances" are used in their very broadest sense and include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos. Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real Property. Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by Trustee or Lender to enforce Grantor's obligations under this Deed of Trust, together with interest on such amounts as provided in this Deed of Trust. Lender. The word "Lender" means.Northwest Christian Credit Union, its successors and assigns. Note. The word "Note" means the promissory note dated December 18, 2009, in the original principal amount of $900,000.00 from Grantor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. The maturity date of this Deed of Trust is December 31, 2024. NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE. Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (including without limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. Property. The word "Property" means collectively the Real Property and the Personal Property. Real Property. The words "Real Property" mean the real property, interests and rights, as further described in this Deed of Trust. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the Property. Trustee. The word "Trustee" means Title One, Inc., whose address is 1101 W. River St., Suite 201, Bopise, ID 83702 and any substitute or successor trustees. GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND GRANTOR AGREES TO ITS TERMS. GRANTOR: CHURCH OF THE HARVEST, INC. Lee R. Galway, Elder ofurch of the rvest, Inc. CORPORATE ACKNOWLEDGMENT STATE OF _� Cy � J ,)) ) SS COUNTY OF �`t CyG.r ) Page 8 On this / a day of 4Mgiv,2`� in the year 20 t1q_, before me 'vim'[ %/G�?�,�r i��p ✓C_ , a notary public in and for the State of Idaho, personally appeared Lee R. Galway, Elderof Church of the Harvest, Inc. and Mark T. Bryan, President of Church of the Harvest, Inc., known or identified to me (or r?.v i�� o me on the oath of ), to be authorized signers of Church of the Harvest, Inc., the cgrpbla�Q{�, cuted the instrument or fie er w cuted the ' ment on behalf of said corporation, and acknowledged to me thj�4 su�i'!% r�IW-cuted the same. Ion' �-- - Residing at otary Public for Idaho y o pK y °o OTT DARLING i'1!y commission expires G90W OFFICyER RESIDING: EAGLE, ID °ao g:uBti o°°_. COM101SSION' EXPIRE S:11°-28-13 P, 0,084 ; �,0�•4�',, REQUEST FOR FULL RECONVEYANCE (To be used only when obligations have been paid in full) To: Trustee The undersigned is the legal owner and holder of all Indebtedness secured by this Deed of Trust. All sums secured by this Deed of Trust have been fully paid and satisfied. You are hereby directed, upon payment to you of any sums owing to you under the terms of this Deed of Trust or pursuant to any applicable statute, to cancel the Note secured by this Deed of Trust (which is delivered to you together with this Deed of Trust), and to reconvey, without warranty, to the parties designated by the terms of this Deed of Trust, the estate now held by you under this Deed of Trust. Please mail the reconveyance and Related Documents to: Date: Beneficiary: By: Its: LASER PRO Lending, Ver. 5.46.00.003 Copr. Harland Financial Solutions, Inc. 1997, 2009. All Rights Reserved. - ID z:\CFI\LPL\G01.FC TR -57 PR -5 (1) Disk with electronic version of the conceptual engineering plans in the format specified above. STATE OF IDAHO ) COUNTY OF ADA ) I, AFFIDAVIT OF LEGAL INTEREST (city) F being first duly sworn upon, oath, depose and say: (state) That I am the record owner of the property described on the attached, and I grant my permission to: Or. C. (name)(address) to submit the accompanying application(s) pertaining to that property. WWW/ 2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. 3. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this ;V/l/Lday of , 20—a— � (i afore) SUBSCRIBED AND SWORN to before me the day and year first'abovewri f en. �tllllllttt �� � 01 (Notary Public for Idaho) Residing at: .pUs0 My Commission Expires: f*,Y1 reo ± \O Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancity.org/planning From: JoAnne Richter joanne@boiseharvest.org Subject: FW: Conditional use permit Date: November 1, 2018 at 12:38 PM To: Ben Butterworth ben@)boiseharvest.org From: Mindy Wallace <Mwallace@achdidaho.org> Sent: Thursday, November 1, 2018 12:35 PM To: JoAnne Richter <joanne@boiseharvest.org> Subject: RE: Conditional use permit Hi JoAnne, A traffic impact study will not be required for this application. Please let me know if you have any questions. Mindy Mindy Wallace, AICP Planner III Ada County Highway District 208-387-6178 From: JoAnne Richter <joanne@boiseharvest.org> Sent: Wednesday, October 31, 2018 1:52 PM To: Mindy Wallace <Mwallace@achdidaho.org> Subject: Conditional use permit Hi Mindy! Existing use of the building: Church services, youth meetings, children's Sunday preschool, bible studies, weekly prayer meetings, events, etc.. Sq. footage of new use: 3500 sq. ft. of the basement and 1000 sq. ft. of the chapel Location: 831 N. Main St., Meridian Idaho 83642 Thanks for your help, JoAnne Richter Administration 1 Purchasing P: 208-345-0981 1 C: 208-440-6627 Boiseharvest.org **Nnfa• Thic c. -mail is mrnnt fnr nnlar the intanrtart rrrin;Pnt and mnv ha n rnmmnnirntinn nrivilvaril her lnw if vnn received this e-mail in error, any review, use, dissemination, distribution, or copying of this a -mail is strictly prohibited - please notify us immediately of the error and please delete this message from your system. Harvest Church does not accept any liability for breach of security, error or virus that may result from the transmission of this message. Thank you. Exhibit A: Vicinity Map Vicinity Map Legend _ 1029 1023 ® Project Location >YVI ?— Parcels -Meridian 1015 oil r 2 9111 905 N WAP1lNIE-ANVE- W=PlN;E=A`V,Et 9D5 E- 8011 ;? 820 101 _ - 821 817 813— 813 128 32 S_ul L�1 106 6 -__— - - — W..IDAHOAVE --_ __ - •. I13`1 1 mR M 37 731 7T7j 115 v+ ^33 o 725 719 7f 710 132 118 44 36 715 7 �3L•I 43 37 15 Print Date: 10/3112018 User. sleon and 0 0.1 0.2 (Ales ms nfcrtncio-, sno�v� o.� x,a map "s <omoi� fr.•m v�r.7�; aurc�; ena c ve;=_e, 7 ccr,;.a c, re3yort, tte eiryai r,teioian rrA�s no wanryor6uar�m=_=a:,P rr wc:�r. wcumcy, '�r�si�•s, a —Pw -gess of.r,.y o1 Ce:a (Xo�%yetl. and i-ums,�o rolr,Po,;o �-fa-P-mr�r,ero�oo�•>�-,so J�,_V 8t� 23 820 816 -,T.15 30 s6 58 :StS 13 14 _ _ m 30d r EIDAHO AVE 1107 I i 3 139. 1 7(f1 _ 725'' 1714_ o.. 706 116 o m'r� 700 ..-22 .. .. 704 E BROI CBVI E IDIAN�--- IDAHO Conditions Document 4 Church of the Harvest Daycare - CZC - A-2018-0333 77 �I t3 59 723 713 ,0 z 703 14 _ _ m 30d r EIDAHO AVE 1107 I i 3 139. 1 7(f1 _ 725'' 1714_ o.. 706 116 o m'r� 700 ..-22 .. .. 704 E BROI CBVI E IDIAN�--- IDAHO Conditions Document 4 Church of the Harvest Daycare - CZC - A-2018-0333 CITY OF MERIDIAN PRE -APPLICATION MEETING NOTES Project/Subdivision Name: Church of the Harvest Daycare Center Date: 11/15/18 Applicant(s)/Contact(s): Joanne Richter Ben Butterworth City Staff: Stephanie Tom Kenny, Ryan McKell, Ryan Beecroft Location: 831 N. Main St. Size of Property: 0.83 Comprehensive Plan FLUM Designation: Old Town Existing Use: Church Existing Zoning: 0-T Proposed Use: Daycare center Proposed Zoning: N/A Surrounding Uses: E. Pine Ave and SFR to north, MFR to west, retail and commercial to south, N. Main St. and Generations Bldg. to east Street Buffer(s) and/or Land Use Buffer(s): Open Space/Amenities/Pathways: Access/Stub Streets: Waterways/ Floodplain/Topography/Hazards: History: Received CZC approval for daycare group in November 2018 Additional Meeting Notes: Comply with specific use standards in UDC 11-4-3-9 Neighborhood meeting with property owners within 300' of property (give 5 days notice before hearing) Any required or used parking needs to comply with UDC standards (paved and striped) Hours of operation not to exceed 6 AM -11 PM Note: A Traffic Impact Study (TIS) will be required by ACHD for large commercial projects and any residential development with over 100 units. To avoid unnecessary delays & expedite the hearing process, applicants are encouraged to submit the TIS to ACHD prior to submitting their application to the City. Not having ACHD comments and/or conditions on large projects may delay hearing(s) at the City. Please contact Mindy Wallace at 387- 6178 or Christy Little at 387-6144 at ACHD for information in regard to a TIS, conditions, impact fees and process. Other Agencies/Departments to Contact: ❑ Ada County Highway Dist. (ACHD) ❑ Nampa Meridian Irrigation Dist. (NMID) ❑ Public Works Department ❑ Idaho Transportation Dept. (ITD) ❑ Settler's Irrigation District ❑ Building Department ❑ Republic Services ❑ Police Department ❑ Parks Department, Jay ❑ Central District Health Department ❑ Fire Department ❑ Other: Application(s) Required: ❑ Administrative Design Review ❑ Conditional Use Permit Mod ification/Transfer ❑ Rezone ❑ Alternative Compliance ❑ Development Agreement Modification ❑ Short Plat ❑ Annexation ❑ Final Plat ❑ Time Extension — Council ❑ City Council Review ❑ Final Plat Modification ❑ UDC Text Amendment ❑ Comprehensive Plan Amendment — Map ❑ Planned Unit Development ❑ Vacation ❑ Comprehensive Plan Amendment — Text ❑ Preliminary Plat ❑ Variance ❑ Conditional Use Permit ❑ Private Street ❑ Other Notes: 1) Applicants are required to hold a neighborhood meeting in accord with UDC 11 -5A -5C prior to submittal of an application requiring a public hearing (except for a vacation or short plat); and 2) All applicants for permits requiring a public hearing shall post the site with a public hearing notice in accord with UDC 11 -5A -5D.3 (except for UDC text amendments, Comp Plan text amendments, and vacations). The information provided during this meeting is based on current UDC requirements and the Comprehensive Plan. Any subsequent changes to the UDC andlor Comp Plan may affect your submittal andlor application. This pre -application meeting shall be valid for four (4) months. N 00 (b. QQ S cr C) 0 S C) C) M rru 'O m I D rn z D m D a CL m m D 0 .o c 0 3 E N 00 (b. QQ S cr C) 0 S C) C) M rru 'O m I D rn COMMITMENT OF PROPERTY POSTING Per Unified Development Code (UDC) 11 -5A -5D, the applicant for all applications requiring a public hearing (except for a UDC text amendment, a Comprehensive Plan text amendment and/or vacations) shall post the subject property not less than ten (10) days prior to the hearing. The applicant shall post a copy of the public hearing notice of the application(s) on the property under consideration. The applicant shall submit proof of property posting in the form of a notarized statement and a photograph of the posting to the City no later than seven (7) days prior to the public hearing attesting to where and when the sign(s) were posted. Unless such Certificate is received by the required date, the hearing will be continued. The sign(s) shall be removed no later than three (3) days after the end of the public hearing for which the sign(s) had been posted. I am aware of the above requirements and will comply with the posting requirements as stated in UDC 11-5A-5. a 0'�W'�� Di 115/,2011 Applican gent signature Date Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www. meridiancity.org/planning Address: 831 H MAIN ST, MERIDIAN, ID 83642 Save Reset Camml � (. Help Parcel Detail District Parcel # * Parcel Staters * Primary R56720,00480 Enabled I Yes Lot Block Subdivision 7,18,1-9,20,21:2.2,23,24:25,Z6 3 MERIDIAN TO'u"NSITEANO Exhibit B: Floor Plans w w o g p "AM Conditions Document 5 Church of the Harvest Daycare - CZC - A-2018-0333 O O Conditions Document 5 Church of the Harvest Daycare - CZC - A-2018-0333 f a Q L 6, 'a s s Pine Avenue Pine Avenue 5 N-z�A5 c,6 fJ Scala: 1!S' = 1'-0' S.10: 118* = 1'-0' Plan General Notes I. CCNTRACTOR SHALL FIELD VERIFY ALL EXISTING CONDITIONS PRIOR TO COhC1ENCING DEMOLITION WOW - 2. CONTRACTOR SHALL COORDINATE DEMOLITION SCHEMLE(S) WITH OWNER 3. CONTRACTOR SHALL PROVIDE TEMPORARY RFILL, WEATHER PROTECTION, AND SECURITY PROVISIONS RECUIF'£D BETWEEN TIME OF DEMOLITION AND TIME NEW OR REPLACEMENT CONSTRUCTION. 4. SEE PLUMBING, MECHANICAL, AND ELECTRICAL DRAWINGS FOR REQUIRED PLUMBING, MECHANICAL, AND ELECTRICAL DEMOLITION. Reference Notes 0 REMOVE EXISTING WOOD SND WALL / PARTITION. O2 REMOVE EXISTING CONCRETE MASONRY IAIIT WALL. OREMOVE EXISTING CONCRETE WALL. OREMOVE EXISTING WOOD DOOR(S) AND FRAME AS APPLICABLE. OS REMOVE EXISTING STAIR AND LANDING. 6 REMOVE EXISTING WINDOW WELL, AND WINDOW AS APPLICABLE !PHASE U. OREMOVE EXISTING CONCRETE SLAB FLOOR OS REMOVE EXISTING WINDOW, AND FRAME AS APPLICABLE. O9 REMOVE EXISTIG DRIWUN6. FOUNTAIN. OREMOVE EXISTING CABINETRY.