HomeMy WebLinkAboutInsurance Auto CZCCERTIFICATE OF ZONING COMPLIANCE
REPORT
CiVI E IDIAN
DATE:
July 21, 2016
TO:
Anthony Swanson, BRS Architects
FROM:
C.Jay Coles, Assistant City Planner
SUBJECT:
Insurance Auto Auctions - CZC - A-2016-0240
OWNER:
Martin Consolidated LLP
DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Anthony Swanson, requests Certificate of Zoning Compliance (CZC) approval
of a change of use for auto auction site (vehicle sales/wholesale) on 13.72 acres of land in the I-
L zoning district.
The site is located at 1881 W. Marcon Lane.
DECISION
The applicant's request for Certificate of Zoning Compliance is approved with the conditions
listed in this report.
Note: This is riot a building permit. Please contact Building Services at (208) 887-2211 to
verify if you need a building permit and/or inspection. If you do need a building permit, you
must complete that process before you commence the use or construction. Please contact
Building Services for additional details about building permits and inspections.
Site Conditions of Approval
1. The applicant shall construct all proposed fencing and/or any fencing required by the
UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11 -3A -6B.
Process Conditions of Approval
1. No signs are approved with this application. Prior to installing any signs on the property,
the applicant shall submit a sign permit application consistent with the standards in
UDC Chapter 3 Article D and receive approval for such signs.
2. The applicant shall complete all improvements related to public life, safety, and health
as set forth in UDC 11 -5C -3B. A surety agreement may be accepted for other
improvements in accord with UDC 11 -5C -3C.
3. The site/landscape plan prepared by BRS Architects on July 7, 2016, labeled SD1.1, is
approved as shown in Exhibit B, with the following comments:
a. Any vehicle use area (parking areas and driveways into and through a
parking area) shall be improved with a compacted gravel base, not less than
four inches (4") thick, surfaced with asphaltic pavement in accordance with
UDC 11 -3C -5B1.
b. "Sales Pad" is not approved as a vehicle display area open to the general
public for the purpose of a vehicle sales lot. Only approved as a part of the
overall auction process.
4. The elevations prepared by BRS Architects on June 3, 2016, labeled A4.0, are approved
as shown in Exhibit C.
5. The approved site plan, landscape plan and/or elevations may not be altered without
Conditions Document I Insurance Auto Auctions - CZC.- A-2016-0240
prior written approval of the City of Meridian Planning Division.
6. The applicant shall pay any applicable impact fees prior to the issuance of a building
permit.
7. If any changes must be made to the site plan to accommodate ACRD requirements, the
applicant shall submit a new site plan to the City of Meridian Planning Division for
approval prior to issuance of the building permit.
8. Applicant shall coordinate with Republic Services on trash enclosure location. If any
changes must be made to the site plan to accommodate Republic Services' requirements,
the applicant shall submit a new site plan to the City of Meridian Planning Division for
approval prior to issuance of the building permit.
9. The applicant shall complete all required improvements prior to issuance of a Certificate
of Occupancy. It is unlawful to use or occupy any building or structure until the
Building Official has issued a Certificate of Occupancy.
Ongoing Conditions of Approval
1. The applicant and/or assigns shall have the continuing obligation to provide irrigation
that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all
landscaping as set forth in UDC 11-313-5, UDC 11-3B-13 and UDC 11-3B-14.
2. The applicant shall comply with the outdoor storage as an accessory use standards
as set forth in UDC 11-3A-14.
a. Area listed as "General Storage" on the site plan is not approved as a
vehicle display area for vehicle sales.
3. The project is subject to all current City of Meridian ordinances and previous conditions
of approval associated with this site (CZC-02-038, CZC-03-011, CZC-07-026, CZC-09-
046).
4. The issuance of this CZC does not release the applicant from any previous requirements
of the other permits issued for the site.
5. The applicant and/or property owner shall have an ongoing obligation to prune all trees
to a minimum height of six feet above the ground or sidewalk surface to afford greater
visibility of the area.
6. The applicant shall have an ongoing obligation to maintain all pathways.
7. The applicant has a continuing obligation to comply with the outdoor lighting provisions
as set forth in UDC 11-3A-11.
8. The applicant and/or property owner shall have an ongoing obligation to maintain all
landscaping and constructed features within the clear vision triangle consistent with the
standards in UDC 11-3A-3.
9. The applicant and/or assigns shall have the continuing obligation to meet the specific
use standards for the proposed use as set forth in UDC 11-4-3-38.
CITY COUNCIL REVIEW
The applicant or a party of record may request City Council review of a decision of the
Director. All requests for review shall be filed in writing with the Planning Division on or
before August 5, 2016, within fifteen (15) days after the written decision is issued, and contain
the information listed in UDC 11-5A-613.
If City Council review of the decision is not requested, the action of the Director represents a
final decision on a land use application. You have the right to request a regulatory taking
analysis under Idaho Code 67-8003.
EXPIRATION
Certificates of Zoning Compliance issued in conjunction with a proposed use shall expire if the
Conditions Document 2 Insurance Auto Auctions - CZC - A-2016-0240
use has not commenced within one year of the date of issuance of the Certificate of Zoning
Compliance.
Certificates of Zoning Compliance issued in conjunction with construction or alteration of a
structure shall expire if the construction or alteration has not commenced within one year of the
date of issuance of the Certificate of Zoning Compliance.
In accord with the above provisions, the subject Certificate of Zoning Compliance is valid until
July 21, 2017.
EXHIBITS
A. Vicinity Map
B. Site/Landscape Plan (dated: July 7, 2016)
C. Elevations (dated: June 3, 2016)
Conditions Document 3 Insurance Auto Auctions - CZC - A-2016-0240
A. Vicinity Map
Vicinity Map
Legend R40
W Pinu dva
:Area ofImpact
1 Parc Mandan z WJayton Dr sur _
Z
h H 9 S m
,al
'�" Saytler St 9P W Snyder Dr z
Pnnt Data 7al=15
0 0.115 0.35
Miles
ili r nfi NI p- a vl tli Mos
M Is"o,"'
ei � Ire ' In.
CRY of
ix: ae m t
N I es I m f ".
Nla
4 a s tl m g resg 'Etlly kt Na
R-2 ro—Inn —anned on too no,.
ILT11 11 1 IM PW
R-15
LO
CL WCreztWood oro
C\
C_C TN -R AlfWBarrett .oda Pl R4
� 0i or
WE IDIAN—
Conditions Document 4 Insurance Auto Auctions - CZC - A-2016-0240
B. Site Plan (dated: July 7, 2016)
651.
2 11
V
C
f
I
SDI. I
Conditions Document 5 Insurance Auto Auctions - CZC - A-2016-0240
C. Elevations (dated: June 3, 2016)
❑
HUI
Y.
• v
71 T77
�a� ,,, Tl��gi�l(�liil�l�ltl��nlfllf��l��� •. �
o
A4.0
Conditions Document 6 Insurance Auto Auctions - CZC.- A-2016-0240
IAN,-
JUL t 2016
Planning Division
DEVELOPMENT REVIEW APPLICATION
STAFF �SKFF USE ONLY: `1� 4 AUC -461<-
Project name: IQM/
cQ-
File number(s): A -26&-i!5246
p
Assigned Planner: C. S" /ales- Related files:
Type of Review Requested (check all that. apply)
❑ Accessory Use.
❑ Planned Unit Development
❑ Administrative Design Review
❑ Preliminary Plat
❑ Alternative Compliance
❑ Private Street
❑ Annexation and Zoning
❑ Property Boundary Adjustment
Certificate of Zoning Compliance
❑ Rezone
❑ City Council Review
❑ Short Plat
❑ Comprehensive Plan Map Amendment
❑ Time Extension:
❑ Comprehensive. Plan Text Amendment
Director/ Commission/Council (circle one)
❑ Conditional Use Permit
❑ UDC Text Amendment
❑ Conditional Use Modification
❑ Vacation:
Director/Commission (circle one)
Director/ Council (circle one)
❑ Development Agreement Modification
❑ Variance
❑ Final Plat
❑ Other -
❑ Final Plat Modification
Information
Applicant name: /TN T tfO
Applicant address: 10l U
Email:
Phone:
City: �orSE State:.sp ✓Zip: n-701
C�oM
Applicant's interest in property: ❑ Own ❑ Rent ElOptioned 1.A, Other 1=DQ GIICNT ,,11
Owner name: NSQfZnNr, AvTO AUr-TFON Phone: 70-e—q92"73714
Owner
91/ad(µ
dress: -%.w W TBRooK � "O0 ATE Qt4WIZS"E Omail ( SPK -L, iO
City: 1AES'rcES-rEK Staatte•—.-L zip: 601 -SLI
Agent/Contact name (e.g., architect,engineer, developer, representative): —T -RENT dcX
Firm name: fsRs%CiZCItzTt tTS —�• Phone: 2x8-336-$370
Agentaddress: 1010 � ArLLA;NTE PLAcE 00 Email: 1 recru.' 1�3RSA/'Ctl i leC-(S•Coty
City: Bo:�Sc State: -1--p Zip: 83709
Primary contact is: N Applicant ❑ Owner ❑ Agent/Contact
Information
Location/street address: 1'391 W r1ARC,oN LANE Township, range, section: 31\1, 1 W/ 11
Assessor's parcel number(s): 512(144 UO3 Total acreage: 0>1Z Zoning district: I - L
Community Development. Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642
Phone: 208-884-5533 Fax: 208-888-6854 www-meridimcity.org/planning
-t- (Rev. 06/12/2014)
Project/subdivisionname: _!_.N5UKr`tNLL
General description of proposed project/request:
N
Proposed zoning district(s):
HT
Acres of each zone proposed: Wt
Type of use proposed (check all that apply):
l
❑ Residential. ❑ Office3R Commercial ❑ Employmentylndustrial ❑ Other
Who will own & maintain the pressurized irrigation system in this development?
1W11)
Which irrigation district doesthis roperty lie within? 1'f*,t( lNc-i --(f L !Vpnrli'
Primary irrigation source: NIA 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:
Mminium square footage of structure (excl. garage):
4 or more bedrooms:
Maximum building height: _
Minimum property size (s.f): Average property size (s.f ):
Gross density (Per UDC 11-1A-1): Net density (Per UDC 11-1A-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 ❑ Single-family Attached ❑ Townhouse
❑ Duplex ❑ Multi -family ❑ Vertically Integrated ❑ Other
Non-residential Pro
Number of building lots:�Common lots: 0 Other lots:
r0 0
Gross floor area proposed: Existing (if applicable): -
Hours of operation (days and hours): q"s Building height:
1
Total number of parking spaces provided: L43 Number of compact spaces provided: U
Authorization
Print applicant name:
Date:
_1:0;F0 0 rAoN
— P1S1rXik r
Community Development . Planning Division . 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642
Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancity.org/plannine
-2- (Rev. 061122014)
ad I 4j:
ARCHITECTS
1010 S. ALLANTE PL. SUITE 100
BOISE, IDAHO 83709 July, 7, 2016
TELEPHONE 208 336 8370
FAX 208 336 8380
Meridian Community Development
33 E. Broadway Ave. Ste. 102
Meridian, Idaho 83642
Parcel: S1211449603
Dear Sir/Ma'am: Insurance Auto Auction
CZC
The applicant, Insurance Auto Auctions, respectfully requests the Administrative approval to
change the use of 1881 W. Marcon Lane, Meridian, Idaho 83642 from a concrete construction
facility (previously owned and maintained by Marcon Inc.) to an auto auction facility. This facility
will be used to claim and sell towed automobiles to licensed buyers through a process of drop-off,
storage in the large lot, and once a week auctions upon a sales pad and within the current
building's main warehouse area. The facility is currently zoned I -L which allows for this proposed
use
Modifications to the building may be minimally changed with a future Tenant Improvement
plan/application. Modifications on-site include the addition of fences and 5 gates to provide
adequate flow and function, a paved sales pad area, and removal of small storage building. No
work is to be done on existing lighting, sewage, or water systems.
Previous Approvals/Requirements: CZC06-175, CZC03-011, CZCO2-038 (original Office),
CZC06-011
Sincerely,
Anthony Swanson
BRS ARCHITECTS
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 39.00 13
BOISE IDAHO 01106106 04:23 PM
DEPUTY RonnieOberbilliO III1111111'll'IINII�IIIIIIIIIfI'lll�
RECORDED—REQUEST OF 106108358
Tille One
0!115(? 50b /f#c_� SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY.
200069134390700236
CONSTRUCTION DEED OF TRUST
THIS DEED OF TRUST is dated June 29, 2006, among MARTIN SWIGERT, LLP, an Idaho limited liability
partnership, whose address is 1881 West Maroon Lane, Meridian, ID 83642 ("Grantor"); Wells Fargo Bank,
National Association, whose address is Nampa Business Banking Center, 103 12th Avenue South, MAC
#U 1804-011, Nampa, ID 83661 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and
Wells Fargo Financial National Bank, whose address is c/o Boise Loan Operations Center, P.O. Box 8203, Boise, ID
83707-2203 (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
safe, 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 rightsi; 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:
Exhibit "A"
The Real Property or its address is commonly known as 1881 West Marcon Lane, Meridien, ID 83642. The Real
Property tax identification number is 51211449600.
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 4A) 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, INCLUDING THE ASSIGNMENT OF RENTS AND THE
SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS ALSO GIVEN TO SECURE ANY AND ALL OF GRANTOR'S OBLIGATIONS
UNDER THAT CERTAIN CONSTRUCTION LOAN AGREEMENT BETWEEN GRANTOR AND LENDER OF EVEN DATE HEREWITH. ANY EVENT OF
DEFAULT UNDER THE CONSTRUCTION LOAN AGREEMENT, OR ANY OF THE RELATED DOCUMENTS REFERRED TO THEREIN, SHALL ALSO
BE AN EVENT OF DEFAULT UNDER 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
Dead 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.
CONSTRUCTION MORTGAGE. This Deed of Trust is a 'construction mortgage" for the purposes of Sections 9-334 and 2A-309 of the Uniform
Commercial Code, as those sections have been adopted by the State of Idaho.
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 11) remain in possession and control of the Property; (21
use, operate or manage the Property; and 13) 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 EITHER IS NOT MORE THAN FORTY 140) ACRES IN AREA 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: 1111 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,
141)
DEED OF TRUST
Loan No: 8826830723 (Continued) Page 2
(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 13) Except as previously disclosed to and acknowledged by Lender in writing, tel 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
other person. The representations and warranties contained herein are based on Grantor's due diligence in investigating the Property for
Hazardous Substances. Grantor hereby 11) 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 121 agrees to indemnity and hold harmless Lender
against any and all claims, losses, liabilities, damages, penalties, and expenses which Lander 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, 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 goal, 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 Reel 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.
Construction Loan. If some or ad of the proceeds of the loan creating the Indebtedness are to be used to construct or complete
construction of any Improvements on the Property, the Improvements shall be completed no later than the maturity date of the Note (or
such earlier date as Lender may reasonably establish) and Grantor shall pay in full all costs and expenses in connection with the work.
Lender will disburse loan proceeds under such terms and conditions as Lender may deem reasonably necessary to insure that the interest
created by this Deed of Trust shall have priority over all possible liens, including those of material suppliers and workmen. Lender may
require, among other things, that disbursement requests be supported by recelpted bills, expense affidavits, waivers of liens, construction
progress reports, and such other documentation as Lender may reasonably request.
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 pert of the Real Property, or any interest in the Real
Property. A 'sale or tranefer" 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 13) 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. If any Grantor is
a corporation, partnership or limited liability company, transfer also includes any change in ownership of more than twenty-five percent 125%1 of
the voting stock, partnership interests or limited liability company interests, as the case may be, of such Grantor. However, this option shall not
be exercised by Lender If such exercise is prohibited by federal low or by Idaho law.
TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are pert of this Deed of Trust:
Payment. Grantor shall pay when due land in all events prior to delinquency) all taxes, special taxes, assessments, charges (including
water and sewerl, fines and impositions levied against or an account of the Property, and shall pay when due all claims for work done on or
for services rendered or material furnished to the Property. Grantor shell maintain the Property free of all liens having priority over of equal
to the interest of Lender under this Deed of Trust, except for the lien of taxes and assessments not due, except for the Existing
Indebtedness referred to below, 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 115) days after the lien arises or, if a lien is filed, within fifteen 115) 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
furnished 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
DEED OF TRUST
Loan No: 8826830723 (Continued) Page 3
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, materialmen'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 (301 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
Emergency Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, it available,
within 45 days after notice is given by Lender that the Property is located in a special flood hazard area, for the full unpaid principal balance
of the loan and any prior gens 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. Lender may make proof of loss if
Grantor fails to do so within fifteen 051 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.
Compliance with Existing Indebtedness. During the period in which any Existing Indebtedness described below is in effect, compliance with
the insurance provisions contained in the Instrument evidencing such Existing Indebtedness shall constitute compliance with the insurance
provisions under this Deed of Trust, to the extent compliance with the terms of this Dead of Trust would constitute a duplication of
insurance requirement. If any proceeds from the Insurance become payable on loss, the provisions in this Deed of Trust for division of
proceeds shall apply only to that portion of the proceeds not payable to the holder of the Existing Indebtedness.
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: III the name of the insurer; (2) the risks insured; 13) 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 Lander, have an independent appraiser satisfactory to Lender determine the cash value
replacement cost of the Propeny.
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 comply with
any obligation to maintain Existing Indebtedness in good standing as required below, or to discharge or pay when due any amounts Grantor is
required to discharge or pay under this Deed of Trust or any Related Documents, Lander 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; (8) be added to the balance of the Note and be apportioned among and be payable with any
installment payments to become due during either Il) 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: (e) 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 the Existing Indebtedness section below 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 1b)
Grantor has the full right, power, and authority to execute and deliver this Deed of Trust to Lender.
Defense of Tide. 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
DEED OF TRUST
Loan No: 8826830723 (Continued)
time as Grantor's Indebtedness shell be paid in full.
Page 4
EXISTING INDEBTEDNESS. The following provisions concerning Existing Indebtedness are a part of this Deed of Trust:
Existing Lien. The lien of this Deed of Trust securing the Indebtedness may be secondary and inferior to an existing lien. Grantor expressly
covenants and agrees to pay, or see to the payment of, the Existing Indebtedness and to prevent any default on such indebtedness, any
default under the instruments evidencing such indebtedness, or any default under any security documents for such indebtedness.
No Modification. Grantor shall not enter into any agreement with the holder of any mortgage, deed of trust, or other security agreement
which has priority over this Deed of Trust by which that agreement is modified, amended, extended, or renewed without the prior written
consent of Lender. Grantor shall neither request nor accept any future advances under any such security agreement without the prior
written consent of Lender.
CONDEMNATION. The following provisions relating to condemnation proceedings are a pert of this Deed of Trust:
Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing, and Grantor shell 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 atter payment of all
reasonable costs, expenses, and attorneys' hes 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 ell 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; 12) a specific tax an Grantor which Grantor Is authorized or required to
deduct from payments on the Indebtedness secured by this type of Deed of Trust; 13) a tax on this type of Deed of Trust chargeable
against the Lender or the holder of the Note; and 14) a specific tax on all or any portion of the Indebtedness or on payments of principal
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 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 -Feet. 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 Grantors 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 ell 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
DEED OF TRUST
Loan No: 8826830723 (Continued) Page 5
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 low.
EVENTS OF DEFAULT. Each of the following, at Lender's option, shell 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.
Environmental Default. Failure of any parry to comply with or perform when due any term, obligation, covenant or condition contained in
any environmental agreement executed in connection with the Property.
Default in Favor of Third Parties. Should Grantor default under any loan, extension of credit, security agreement, purchase or sales
agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Grantor's property or
Grantor's ability to repay the Indebtedness or perform their respective obligations under this Deed of Trust or any of the Related
Documents.
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 Collateralixetion. This Deed of Trust or any of the Related Documents ceases to be in full force and effect lincluding failure of
any collateral document to create a valid and Perfected security interest or lien) at any time and for any reason.
Death or Insolvency. The dissolution or termination of Grantor's existence as a going business or the death of any partner, 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.
Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any
Guarantor 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.
Insecurity. Lender in good faith believes itself Insecure.
Existing Indebtedness. The payment of any installment of principal or any interest on the Existing Indebtedness is not made within the time
required by the promissory note evidencing such indebtedness, of a default occurs under the instrument securing such indebtedness and is
not cured during any applicable grace period in such instrument, or any suit or other action is commenced to foreclose any existing lien on
the Property.
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.
UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured parry
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
DEED OF TRUST
Loan No: 8826830723 (Continued) Page 6
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 It) 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 by law.
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 safe or other intended disposition of the Personal Property is to be made. Reasonable notice shall mean notice
given at least ten (101 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.
Sate of the Property. To the extent permitted by applicable low, Grantor hereby waives any and all rights to have the Property marshalled.
In exercising its rights and remedies, the Trustee or Lender shall he tree 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 ail 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 coun 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 (imitation,
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 postjudgment 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 shell 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
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; Of 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 low. In addition to the rights and remedies set forth
above, with respect to all or any pert 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 tar
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
pantos, specifying that the purpose of the notice is to change the pony's address. For notice purposes, Grantor agrees to keep Lender informed
at ell 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.
`�,- :•�k -:'.kms a �.
DEED OF TRUST
Loan No: 8826830723 (Continued) Page 7
FURTHER ASSURANCES. The parties hereto agree to do all things deemed necessary by Lender in order to fully document the loan evidenced
by this Note and any related agreements, and will fully cooperate concerning the execution and delivery of security agreements, stock powers,
instructions and/or other documents pertaining to any collateral intended to secure the Indebtedness. The undersigned agree to assist in the
cure of any defects in the execution, delivery or substance of the Note and related agreements, and in the creation and perfection of any liens,
security Interests or other collateral rights securing the Note.
CONSENT TO SELL LOAN. The parties hereto agree: (a) lender may sell or transfer all or part of this loan to one or more purchasers, whether
related or unrelated to Lender; Ib) Lender may provide to any purchaser, or potential purchaser, any information or knowledge Lender may have
about the parties or about any other matter relating to this loan obligation, and the parties waive any rights to privacy it may have with respect
to such matters; 1ci the purchaser of a loan will be considered its absolute owner and will have all the rights granted under the loan documents
or agreements governing the sale of the loan; and (dl the purchaser of a loan may enforce Its interests irrespective of any claims or defenses
that the parties may have against Lender.
FACSIMILE AND COUNTERPART. This document may be signed In any number of separate copies, each of which shall be effective as an
original, but all of which taken together shall constitute a single document. An electronic transmission or other facsimile of this document or
any related document shall be deemed an original and shall be admissible as evidence of the document and the signer's execution.
ARBITRATION AGREEMENT, Arbitration - Binding Arbitration. Lender and each party to this agreement hereby agree, upon demand by any
party, to submit any Dispute to binding arbitration in accordance with the terms of this Arbitration Program. A "Dispute" shall include any
dispute, claim or controversy of any kind, whether in contract or in tort, Legal or equitable, now existing or hereafter arising, relating in any way
to this Agreement or any related agreement incorporating this Arbitration Program (the "Documents'), or any past, present, or future loans,
transactions, contracts, agreements, relationships. Incidents or injuries of any kind whatsoever relating to or involving Business Banking,
Regional Banking, or any successor group or department of Lender_ DISPUTES SUBMITTED TO ARBITRATION ARE NOT RESOLVED IN COURT
BY A JUDGE OR JURY.
Governing Rules. Any arbitration proceeding will It) be governed by the Federal Arbitration Act (Title 9 of the United States Code),
notwithstanding any conflicting choice of law provision in any of the documents between the parties; and (ill be conducted by the AAA
(American Arbitration Association), or such other administrator as the parties shall mutually agree upon, in accordance with the AAA's
commercial dispute resolution procedures, unless the claim or counterclaim is at least $7,000,000.00 exclusive of claimed interest, arbitration
fees and costs in which case the arbitration shall be conducted in accordance with the AAA's optional procedures for large, complex
commercial disputes (the commercial dispute resolution procedures or the optional procedures for large; complex commercial disputes to be
referred to, as applicable, as the "Flutes*). If there is any Inconsistency between the terms hereof and the Rules, the terms and procedures set
forth herein shell control. Arbitration proceedings hereunder shall be conducted at a location mutually agreeable to the parties, or if they cannot
agree, then at a location selected by the AAA in the state of the applicable substantive law primarily governing the Credit. Any party who fails
Of refuses to submit to arbitration following a demand by any other party shalt bear all costs .and expenses incurred by such other Party in
compelling arbitration of any Dispute. Arbitration may be demanded at any time, and may be compelled by summary proceedings in Court. The
institution and maintenance of an action for judiciat relief or pursuit of a provisional or ancillary remedy shall not constitute a waiver of the right
of any party, including the plaintiff, to submit the controversy or claim to arbitration it any other party contests such action for judicial reilef.
The arbitrator shalt award all costs and expenses of the arbitration proceeding. Nothing contained herein shall be deemed to be a waiver by any
party that is a Bank of the protections afforded to It under 12 U.S.C. 091 or any similar applicable state law.
No Waiver of Provisional Remedies, Self -Help and Foreclosure. The arbitration requirement does not limit the right of any party to til foreclose
against real or personal property collateral; (it) exercise self-help remedies relating to collateral or proceeds of collateral such as setoff or
repossession; or ilii) obtain provisional or ancillary remedies such as replevin, Injunctive relief, attachment or the appointment of a receiver,
before during or atter the pendency of any arbitration proceeding. This exclusion does not constitute a waiver of the right or obligation of any
party to submit any Dispute to arbitration or reference hereunder, including those arising from the exercise of the actions detailed in sections (i),
iii) and fili) of this paragraph.
Arbitrator Qualifications and Powers. Any arbitration proceeding in which the amount in controversy is 85,000,000.00 or lass will be decided
by a single arbitrator selected according to the Rules, and who shall not render an award of greater than 45,000,000.00. Any Dispute in which
the amount in controversy exceeds $5,000,000.00 shalt be decided by majority vote of a panel of three arbitrators; provided however, that all
three arbitrators must actively participate in all hearings and deliberations. Every arbitrator must be a practicing attorney or a retired member of
the state or federal judiciary, in either case with a minimum of tan years experience In the substantive taw applicable to the subject matter of the
Dispute. The arbitrator will determine whether cr not an issue is arblustable and will give effect to the statutes of limitation in determining any
claim. In any arbitration proceeding the arbitrator will decide Iby documents only or with a hearing at the arbitrator's disprodom any pro -hearing
motions which are similar to motions to dismiss for failure to state a claim or motions for summary adjudication, The arbitrator shall resolve all
Disputes in accordance with the applicable substantive law and may grant any remedy or relief that a court of such state could order or grant
within the scope hereof and such ancillary relief as is necessary to make effective any award. The arbitrator shall also have the power to award
recovery of all costs and fees, to impose sanctions and to take such other action as the arbitrator deems necessary to the some extent a judge
could pursuant to the Federal Rules of Civil Procedure, the applicable State Rules of Civil Procedure, or other applicable law. Judgment upon the
award rendered by the arbitrator may be entered in any court having jurisdiction.
Discovery. In any arbitration proceeding discovery will be permitted in accordance with the Rules. All discovery shall be expressly limited to
matters directly relevant to the Dispute being arbitrated and must be completed no later than 20 days before the hearing date and within 180
days of the filing of the Dispute with the AAA. Any requests for an extension of the discovery periods, or any discovery disputes, will be
subject to final determination by the arbitrator upon a showing that the request for discovery is essential for the party's presentation and that no
alternative means for obtaining information is available.
Miscellaneous. To the maximum extent practicable, the AAA, the arbitrators and the parties shall take all action required to conclude any
arbitration proceeding within 180 days of the tiling of the Dispute with the AAA. The resolution of any Dispute shall be determined by a
separate arbitration proceeding and such Dispute shall not be consolidated with other disputes or included In any class proceeding. No arbitrator
or other party to an arbitration proceeding may disclose the existence, content or results thereof, except for disclosures of information by a
party required in the ordinary course of its business or by applicable low or regulation, if more then one agreement for arbitration by or between
the parties potentially applies to a Dispute, the arbitration provision most directly related to the documents between the parties or the subject
matter of the Dispute shall control. This arbitration provision shall survive termination, amendment or expiration of any of the documents or any
relationship between the parties.
State -Specific Provisions.
DEED OF TRUST
Loan No: 8826830723 (Continued)
If California law governs the Dispute, the following provision Is included:
Page 8
Real Property Collateral; Judicial Reference. Notwithstanding anything herein to the contrary, no Dispute shall be submitted to arbitration if the
Dispute concerns indebtedness secured directly or indirectly, in whole or in part, by any real property unless the holder of the mortgage, lien or
security interest specifically elects. in writing to proceed with the arbitration. If any such Dispute Is not submitted to arbitration, the Dispute
shelf, at the election of any party, be referred to a referee in accordance with California Code of Civil Procedure Section 638 at seq., and this
general reference agreement is intended to be specifically enforceable in accordance with said Section 638. A referee with the qualifications
required herein for arbitrators shall be selected pursuant to the AAA's selection procedures. Judgment upon the decision rendered by a referee
shall be entered in the court in which such proceeding was commenced in accordance with California Code of Civil Procedure Sections 644 and
645.
If Idaho low governs the Dispute, the following provision is included:
Real Property Collateral; Judicial Reference. Notwithstanding anything herein to the contrary, no dispute shall be submitted tp arbitration If the
dispute concerns indebtedness secured directly or Indirectly, in whole or in part, by any real property unless (f) the holder of the mongage, lien
or security interest specifically elects in writing to proceed with the arbitration, or (it) all parties to the arbitration waive any rights or benefits
that might accrue to them by virtue of the single action rule statute of Idaho, thereby agreeing that all indebtedness and obligations of the
parties, and all mortgages, liens and security Interests securing such indebtedness and obligations, shall remain fully valid and enforceable.
It Montane law governs the Dispute, the following provision Is included:
Real Property Collateral; Judicial Reference. Notwithstanding anything herein to the contrary, no dispute shall be submitted to arbitration if the
dispute concerns indebtedness secured directly or indirectly, in whole or in pan, by any real property unless (i) the holder of the mortgage, lien
or security interest specifically elects in writing to proceed with the arbitration, or (iii all parties to the arbitration waive any rights or benefits
that might accrue to them by vine of the single action rule statute of Montana, thereby agreeing that all Indebtedness and obligations of the
parties, end all mortgages, liens and security interests securing such Indebtedness and obligations, shall remain fully valid and enforceable.
If Nevada law governs the Dispute, the following provision is included:
Real Property Collateral; Judicial Reference. Notwithstanding anything herein to the contrary, no dispute shalt be submitted to arbitration if the
dispute concerns indebtedness secured directly or indirectly, in whole or in pan, by any real property unless (i) the holder of the mortgage, lien
or security interest specifically elects in writing to proceed with the arbitration, or (id all parties to the arbitration waive any rights or benefits
that might accrue to them by virtue of the single action rule statute Of Nevada, thereby agreeing that all Indebtedness and obligations of the
parties, and all mortgages; Hans and security interests securing such indebtedness and obligations, shall remain fully valid and enforceable.
If Utah law governs the Dispute, the following provision is included:
Real Property Collateral; Judicial Reference. Notwithstanding anything herein to the contrary, no Dispute shall be submitted to arbitration if the
Dispute concerns indebtedness secured directly or Indirectly, in whole or in part. by any real property unless the holder of the mortgage, lien or
security interest specifically elects in writing to proceed with the arbitration. It any such Dispute isnot submitted to arbitration, the Dispute
shall, at the election of any party, be referred to a master in accordance with Utah Role Of Gvil Procedure 53, and this general reference
agreement is intended to be specifically enforceable. A master with the qualifications required herein for arbitrators shall be selected pursuant
to the AAA's selection procedures. Judgment upon the decision rendered by master shall be entered in the counin which such proceeding
was commenced In accordance with Utah Rule of Civil Procedure 53(e).
DEFINITION OF INDEBTEDNESS. The definition of "Indebtedness' herein Includes, without limitation, all liability of Borrower or other party
having its obligations to Lender secured by this Deed of Trust, whether liquidated or unliquidated, defined, contin9ent, conditional or of any
other nature whatsoever, and performance of all other obligations, arising under any swap, derivative, foreign exchange. or hedge transaction or
arrangement for other similar transaction or arrangement howsoever described or definedl at any time entered Into with Lender in connection
With the Note.
ENCUMBRANCES. Grantor/Mortgagor/Trustor shall not, without Lender's consent, mortgage, assign, grant a lien upon or security interest in, or
otherwise encumber the Property or any Interest in the Property, or allow such alien or security interest to exist or arise, whether voluntarily,
involuntarily or by operation of law, except for liens and security interests In favor of Lender, or property taxes attributable to the Property which
are not past due.
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 parry or parties sought to be charged or bound by the alteration or amendment.
Annual Reports. If the Property is used for purposes other then 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 Readings. 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 Lew. This Deed of Trust we 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 IN conflicts of low provision. This Deed of Trust has been accepted by Lender In the
State of Idaho.
No Waiver by Lender. Lender shag 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 daisy 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 Lenders right Otherwise to
demand strict compliance with that provision or any other provision of this Dead of Trust. No prior waiver by Lender, nor any course of
DEED OF TRUST
Loan No: 8826830723 (Continued)
Page g
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 Dead of Trust, the granting of such consent by Lender in any instance
shell 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. It 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 Dead of Trust shell 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 end 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 6 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 Dead 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
and terms used in the singular shell 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 Cade:
Beneficiary. The word "Beneficiary" means Wells Fargo Bank, National Association, and Its successors and assigns.
Borrower. The word "Borrower" means Martin Swigert, LLP and includes all co-signers and co -makers signing the Note and all their
successors and assigns.
Dead 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, at seq. ('CERCLA'), the Superfund Amendments and
Reauthorization Act of 1996, Pub. L. No. 99,499 t SARA'), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, at seq.,
the Resource Coosefvation and Recovery Act, 42 U.S.C. Section 6901, at 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 Dead of Trust.
Existing Indebtedness. The words "Existing Indebtedness" mean the Indebtedness described in the Existing Liens provision of this Deed of
Trust.
Grantor. The word "Grantor" means Martin Swigert, LLP.
Guarantor. The word 'Guarantor" means any guarantor, surety, or accommodation party of any or all of the Indebtedness.
Guaranty, The word "Guaranty" means the guaranty from Guarantor 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
Refiled 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 Wells Fargo Bank, National Association, its successors and assigns.
Note. The word "Note" means the promissory note dated June 29, 2006, in the original principal amount of $1,830,000.00
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, NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE.
Personal Property. The wards "Personal Property' mean all equipment, fixtures, end 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.
4,'
DEED OF TRUST
Loan No: 8826830723 (Continued) Page 10
Property. The word "Property" means collectively the Real Property end the Personal Property.
Real Property. The words "Reel 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 Wells Fargo Financial National Bank, whose address is c/o Boise Loan Operations Center, P.O. Box
8203, Boise, ID 83707-2203 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:
MARTIN Sl*W/�(�GFBT,� LLP
Slain rna, Managing Palmer of Martin Swigart,
LLP
PARTNERSHIP ACKNOWLEDGMENT
STATE OF )
)SS
COUNTY OF I
On this 30 day of %AAA <, , in the year 20 0 i , before me
e noWry public In and for the State of Idaho, personally appeared Elaine Martin, Managing Penner of
Martin Swigan, LLP, known or identified to me (or proved to me on the oath of 1, to be one of the
partners or designated agents in the partnership of Martin Swigart, LLP, and the partner or designated agent or one of the partners or designated
agents who subscribed said partnership name to the foregol ant, and acknowledged to me that he or she executed the some In said
pa�rt�,�1���erahip name. A CHTW— Z ��1� I�--
-- 6 t1`,,.•••••,.Fiy idln9 atALl/iMfA
Notary Public for Idaho VQ: OTAE?
My commission expires.++t
A
rjstycl
REQUEST F -ML RECONVEYANCE
ITo 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 Deet] 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 Dead 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:
we..,ovw.«o.v. ravaaaw c.>.wu..,..�,uxeua. w.,wr. moa urpou�.,.. mxavnaacmeumvrc rwsue rn.ue
EXHIBIT "A"
Parcell
Parcel of land located in the East half of the Southeast quarter of Section 11, Township 3 North, Range 1 West,
Boise Meridian, Ada County, Idaho; more particularly described as follows:
Beginning at 5/8" dial iron pin marking the corner common to Sections 11, 12, 13 and 14, Township 3 North,
Range 1 West, Boise Meridian; thence
South 89016'00" West 1172.00 feet along the section line common to said Sections 11 and 14, also being the
centerline of Franklin Road, to a point; thence leaving a section line,
North 0°58'55" West 711.36 feet to an iron pin marking the intersection of the West parcel boundary and the
centerline of Eight Mile Lateral, said point also being the REAL POINT OF BEGINNING; thence continuing
North 0°58'55" West 784.90 feet to an iron pin on the South right of way line of the Oregon Shortline Railroad;
thence, along said south right-of-way line,
North 89°59'30" East 673.58 feet to an iron pin; thence, leaving said right-of-way line,
South 0°58'55" East 1179.63 feet to an iron pin marking the intersection of the East parcel boundary and the
centerline of Eight Mile Lateral; thence, along said centerline of Eight Mile Lateral, the following courses and
distances;
North 70022'01" West 86.56 feet to a point; thence
North 81 °52'16" West 190.81 feet to a point; thence
North 67°14'36" West 30.85 feet to a point; thence
North 46°45'51" West 37,69 feet to a point; thence
North 40°10'57" West 393.69 feet to the REAL POINT OF BEGINNING.
Parcel II
Together with an access easement 60 feet in width as shown on that certain Record of Survey No. 1404
recorded under Instrument No. 8915191 in Book G of Surveys at Page 1428.
Exhibit "A"
Legal Description
EXHIBIT B - COVERED PROPERTY
This EXHIBIT B • COVERED PROPERTY Is attached to and by this reference is made a pan of the Deed of Trust, dated June 29, 2008, and
executed in connection with a loan or other financial accommodations between WELLS FARGO BANK, NATIONAL ASSOCIATION and Martin
Swigert, LLP.
This Exhibit 8 expands the description of collateral intended to be subject of the lien and security interests granted to Lender under the deed of
trust, mortgage and/or security agreement to which this Exhibit B is attached. The use of the term "Property" in said deed of trust, mortgage
and/or security agreement is hereby expanded to Include, in addition to the Real Property and Personal Property, the following property:
Any and all buildings, structures, landscaping, and fmProvamems (collectively the 'Improvements") now or hereafter, located in or on, or used,
or to be constructed on or in connection with the Real Property described in the deed of trust, mortgage end/or aasarity agreement to which this
Exhibit B is attached Ithe "Real Property"), and all fixtures attached to said Improvements, along with all right tele, and Interest of Grantor in and
to all tangible goods and personal propend (the "Personal Property') now owned or hereafter acquired by Grantor and now or hereafter located
in or on and used or intended to be used In connection with the Real Property or the Improvements, including but not limited to all building
components (including all goods, building msteriak and building supplies for the Improvements, such as bricks, mortar, lumber, hardware,
concrete, components, steel, etc.), supplies, machinery, equipment, engines, boilers, incinerators, building materials, appliances (including
fresters, refrigerators, fens, heaters, stoves, and Incinerators, Inventory, tools, HVAC equipment used for the purposes of supplying or
distributing heating, cooling, electricity, gas, water, air, and light, and all elevators and related machinery and equipment, fee prevention and
extinguishing apparatus, security and access control apparatus, plumbing, maintenance equipment and supplies. water heaters, water closets.
sinks, awnings, storm windows, storm doors, actesns, blinds, shades, curtains and curtain rods. mirrors, cabinets, paneling, rugs, carpets,
attached floor coverings, telephone equipment, cable and other television equipment, cables and antennas, lobby and all other indoor and
outdoor furniture (including tables, chairs, planters, desks, partitions. miss. shelves, lockers and cabinets). wall beds, wall sates, furnishings,
lamps. lighting fixtures (including chandeliers), trees and plants, fences. security systems, outdoor lighting, shelving, cleaning devices (including
vacuums and window cleaning devices), and NI signs, Including all replacements for accessions, modifications, and additions thereto, that
Grantor now hes or may hereafter acquits.
AN refundable deposal belonging to Grantor with respect to deposits made by or on behalf of Grantor for water, gas, electrical or other utility
services with respect to the Real Property or Improvements.
All of the right, this and Interest of Grantor, now existing, harsafler arising or hereafter acquired. in and to the following contracts, agreements,
and rights arising with respect to the Improvements: all building, construction, improvement, domalkion or renovation contracts and agreements,
all subcontracts, the plans and specifications for the Improvements. all surveys, archttectural drawings, models, renderings, site plans. and other
specifications, the Architect's contract all performance and completion bonds, and all escrow accounts, escrow agreements, earnest money
agreemems, sales agreements, purchase agreements, deposit receipts, government permits, planning and zoning approvals, buildings permits,
utility agreements, W causes of action and claims related to any of the foregoing, and any and all other agreements or rights involving or
Incidental to the acquisition and construction of the Improvements and the sale, Nage, or assignment of the wits of the Improvements and any
other agreements and contracts, Instruments or documents relating to or arising out of at connected with the Improvements, including service,
maintenance, and other contracts, and all proceeds of the same or substitutions therefore or additions thereto, and also including all warranties,
guaranties. and maintenance contracts related to any mechanical equipment and machinery installed In the Improvements.
AN cash and security deposits, advance rentals, common area payments, lament deposits, and deposits or payments of a similar nature arising
from Ma rental of the Real Property or the Improvements.
All hazard and other insurance policies now or hereafter covering the Improvements and the operation of the Improvements and all businesses
associated with the Improvements (including but not limited to business interruption, lost business income, and nm loss insurance policies
covering the Improvements and the operation and businesses thereof) and all of Grantors right dds and interest in and to all claims and
demands and general intangible rights with respect to such Insurance policies, together with all proceeds thereof and refunds thereof.
All awards from eminent domain or condemnation proceedings covering the Improvements or the Real Property or any pan thereof. together
with all proceeds thereof, including without limitation all awards resulting from a change of grade of streets and awards for severance damages.
All water, water rights and water stock appurtenant to at used on or In connection with the Real Property or in connection with the
Improvements.
General Intangibles and other rights in the nature of rights in losses and rents (including common area maintenance payments, if any), including,
but not limited to, all general intangibles (1) relating to the development or use of the Real Property or the Improvements, such as, by way of
example but not limitation, all governmental permits, approvals, Or authorizations relating to construction on the Real Property, or relating to the
formation or approval of the improvements on the Real Property, all names under which the Reel Property or any present or future Improvements
On the Property may at any time be operated or known, and all rights to carry on business under such names or their variants, and all
trademarks and good will in any way relating to the Real Property and the Improvements: 12) all general intangibles derived from the Real
Property; and (3) all general Intangibles derived from the Improvements.
All loushold estate, right, tide, and interest of Grantor in and to all leases or subleases covering the Real Property or the Improvements or any
portion thereof, now or hereafter existing or entered into, and all amendments and extensions of the same, and all right, 1hle, and interest of
Grantor thereunder, and all rents. Issues, profite, royalties, income accounts, receipts, and other benefit; derived from the Real Property or the
Improvements.
All rights, title, and interest of Grantor in and to all options to purchase or Mase the Real Property or any porton of R or interest In it and any
greater estate in the Real Property now owned or hereafter acquired by Grantor.
IT is intended that proceeds, accessions, substitutions, and improvements of or to all of the foregoing items and types of property are also
covered as well as all such after-acquired property.
EXHIBIT B - COVERED PROPERTY
Loan No: 8826830723 (Continued) Page 2
THIS EXHIBIT 9 - COVERED PROPERTY IS EXECUTED ON JUNE 29, 2006.
GRANTOR:
MARTIN SWIGERT. LLP
By: Etelns�rtnMamgspq oMOnwsg
rt,
LLP
US!%llg4ipYip. Vpr,X91Wm,Cal.Xnn<MSWSaYY.4Yn.INI.p. MRy�,pwi.�Y %.Yw01XCrtA0.�fA1.R R.pp!lXNp
RECORDING REQUESTED BY,
AND, WHEN RECORDED, MAIL TO:
Wells Fargo Financial National Bank
c/o Givens Pursley LLP
601 W. Bannock Street
Boise, ID 83702
ACCOul
APN:
ADA COUNTY RECORDER Christopher D. Rich 2015.027880
BOISE IDAHO Pgs=7 BONNIE OBERBILLIG 04/06/2015 02:39 PM
PIONEER TITLE COMPANY OFADA COUNTY $2600
MODIFICATION OF DEED OF TRUST
THIS MODIFICATION OF DEED OF TRUST is made this 6th day of February, 2015, by
and between MARTIN CONSOLIDATED, LLP, an Idaho limited liability partnership as Trustor
("Martin Consolidated") and WELLS FARGO BANK, NATIONAL ASSOCIATION as Beneficiary
("Bank").
WITNESSETH:
WHEREAS, Martin Swigert, LLP, an Idaho limited liability partnership ("Martin Swigert"),
obtained a loan from Bank evidenced by, and subject to the terms of, that certain promissory
note dated as of June 29, 2006, in the original principal amount of One Million Eight Hundred
Thirty Thousand and NO1100 Dollars ($1,830,000.00) (the "Note"), which Note is secured by
that certain Construction Deed of Trust dated as of June 29, 2006, executed by Martin Swigert,
as Grantor, to Wells Fargo Financial National Bank, as Trustee, for the benefit of Bank, as
Beneficiary, and recorded on July 6, 2006, as Instrument No. 106108358 in the Recorder's
Office of Ada County, Idaho, as modified, covering the property described in Schedule I attached
hereto (the "Deed of Trust"; the Note, Deed of Trust, and all other documents executed by and
among the parties relating to the Note and/or Deed of Trust are collectively referred to herein as
the "Loan Documents"); and
WHEREAS, The Deed of Trust also secures payment to Bank of all liability, whether
liquidated or unliquidated defined, contingent, conditional or of any other nature whatsoever, and
performance of all other obligations, arising under any swap, derivative, foreign exchange or
hedge transaction or arrangement (or other similar transaction or arrangement howsoever
described or defined) at any time entered into with Bank in connection with any Secured
Obligation; and
and WHEREAS, on June 13, 2014, Martin Swigert changed its name to Martin Consolidated;
WHEREAS, Martin Consolidated and Bank entered into an Modification Agreement
dated of even date herewith; and
WHEREAS, Martin Consolidated has asked Hank to consent to said name change and
to memorialize that Martin Consolidated has succeeded to and assumed all of Martin Swigert's
obligations to the Bank under the Loan Documents and the Swap Agreement, and Bank has
agreed to said succession and assumption on the terms and conditions contained in the
Modification Agreement and Herein; and
mtnditw.tian or Deed of Trust (Martin Consolidated - Wells Fargo (3).docx
I
WHEREAS, the parties hereto desire to modify the Deed of Trust to reflect the foregoing.
NOW THEREFORE, for valuable consideration, the receipt of which is hereby
acknowledged, the parties hereto do hereby modify said Deed of Trust as follows:
1. ASSUMPTION. Martin Consolidated hereby succeeds to, assumes, and will
pay when due all sums now due and owing or to become due and owing under the Loan
Documents to the same extent as if it was the original party thereto, as well as all obligations
arising in connection with an interest rate swap transaction between Martin Swigert and Bank
with a trade date of June 29, 2006 executed in connection with the Note. As of the date
hereof, the outstanding principal balance of the Note is One Million Two Hundred Eighty -One
Thousand Five Hundred Thirty and 001100 Dollars ($1,281,530.00).
2. NO FURTHER MODIFICATION. It is further agreed that in all other respects not
inconsistent herewith, the terms of said Deed of Trust shall remain in full force and effect.
3. SUCCESSORS. This Agreement shall Inure to and be binding on the heirs,
devisees, successors and assigns of the parties hereto.
[signature page to follow]
Modiflmtion of Deed of Trust (Martin Consolidated - Wells Fargo (3).DOCX
2
IN WITNESS WHEREOF. the parties have executed this document on the date first
hereinabove written.
TRUSTOR:
MARTIN CONSOLIDATED, LLP
1
Elaine J. Marti. General Partner of Martin
Consolidated, LLP
TM & LM, LLC — General Partner of Martin
Consolidated, LLP
Tory J,.,tb artin — President of TM & LM, LLC
{tori T. Marti�tary of TM & M, LLC
T.J. Martin Trust—Member of TM & LM, LLC
ToryJ./Nfartin — Trustee f T.J. Martin Trust
Fr'z.c. ry �Z/ir�-
Lold 1. Marfin—rrusteeofT.J.Martin Trust
L.T. Martin Trust— Member of TM & LM, LLC
of L.T. Martin Trust
BENEFICIARY:
WELLS FARGO BANK, NATIONAL
ASSOCIATION
��//
I;,--
Its: 1110E_ Are
� t r
Modification or Deed of Trust (Martin Consolidated - Wells Fargo (3).DOCX
3
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of 41 44
ss.
County of Sa n 6U, rtaR-kv)N a
On fhisQ 11A day ofmfikc,
� in the year of 2015, before me, the undersigned
Notary Public in and for said State, personally appeared Elaine J. Martin, known or identified to
me to be a general partner in the limited liability partnership of Martin Consolidated, LLP, a
limited liability partnership, the general partner or one of the general partners who subscribed
said limited liability partnership name to the foregoing instrument, and acknowledged to me that
she executed the same in said limited partnership name.
IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
�t r i+nEu� Q rk p Mp` Notary Public for Idaho
Residing at
My Commission expires
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of Idaho )
(�� ss.
County of (6R )
On this _�_ day of �, in the year of 2015, before me, the undersigned
Notary Public in and for said St te, personally appeared Tory J. Martin, known or identified to
me to be Trustee of the T.J. Martin Trust, Trustee of the L.T. Martin Trust and President of TM
& LM, LLC a general partner In the limited liability partnership of Martin Consolidated, LLP, a
limited liability partnership,the general partner or one of the general partners who subscribed
said limited liability partnership name to the foregoing instrument, and acknowledged to me that
he executed the same in said limited partnership name.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
,991991 Prlq� ,qfJ -4,0
tyiE Kota Public or Idaho
Residing at co
�,oTY e My Commission ex ires
m,® i
TE OF
prar1a99+°�
Modifimion or Deed of Trust {Martin Consolidated -Wells Fargo (3).DOCX
4
A notary pubric or other officer campleting this certificate vermes only the identity of the individual who signed the
documend to which this certificate is attached, and notthe truthfulness, accuracy, orvalidity of that document.
State of California )
Cautriyofs�'n ����n�t���na )
/�
On before me, Jan l co- L 1 6055 c( -
Date Hem Insert Title of the Officer.
1,n
personally appeared 4r1 rte TI o-P4
iin
Name{s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the persariN whose name Isfesa
subscribed to the within Instrument and acknowledged to me that ihe/she/tlaey executed the same In
his/herRheir authorized capacfty�w), and that by7tis/her/thelr signatures) on the Instrument the person(s),
or the entity _upon behalf of which the person() acted, executed the Instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
]s true and correct.
JAtOCE L. ROSS WITNESS my hand and official see].
Caengaalaa ® 2071193n
Notary Public - callfamlo _ Signature
Sat k"urdina Cal" Signature of Notary Public
Carrot. Tar Ftb i 2098
Place Notary Sea! Above
OPnONAL
Though this section is optional, completing this informatlan can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: 111oeS: C,,d iba o� peccloF f7grDocument pate: 2 �J *-PA�3f�
Number of Pages: = SlgnerCs) Other Than Named Above:
capacaKles) Claud by Signers) _
Signer's Name: T,: t)a ww I.xr �w Signer's Name:
❑ Corporate Ofllcer'- Title(s): i`r ❑ Corporate Officer — Title(s):
$i Partner — ❑ Limited 0 General ❑ Partneri p Limited ❑ General
ini6ual CI Attorney in Fact ❑ Individual Attorney in Fact
❑ Trustee ❑ Guardian or Conservator 0 Trusteeaarcitan or Conservator
r-1 nfher M rlihcr
@22014 National Notary Association • www.NationslNctary.org • t -(300 -US NOTARY (1-800-876-6527) 11= 45907
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of Idaho )
ss.
County of OICIG. )
On this 3— day of _aQjj1�� in the year of 2015, before me, the undersigned
Notary Public in and for said tats e, personally appeared Lori T. Martin, known or identified to
me to be Trustee of the T.J. Martin Trust, Trustee of the L.T. Martin Trust and President of TM
& LM, LLC a general partner in the limited liability partnership of Martin Consolidated, LLP, a
limited liability partnership, the general partner or one of the general partners who subscribed
said limited liability partnership name to the foregoing instrument, and acknowledged to me that
she executed the same in said limited partnership name.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this ceifisatat%t above written.
N I E fi Dior
Nota Public r IOaho—
®�— = Residing at Gtr}.
Aus,,r' + 0 Z7My Commission ex ires
,f'�grE 0pp..`OQ,`A�.
A notary public of otll6ntgt@Et@-� completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of Idaho )
ss,
County of 6{d0. )
On this day of in the ear QQf 2015, before me a Notary Public
in and for said State, personally a peared jeL i v w , known or
identified to me to be the Via S of WELLS FARGCY BANK, NATIONAL
ASSOCIATION, the corporation that executed the instrument or the person who executed the
instrument on behalf of said corporation, and acknowledged to me that such corporation
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
Modification or Deed of Trust (Martin Consolidated - Wells Fargo (3).DOCX
5
2[yu ad
9SAgt
Nota y Public for I aho
Residing at �(y��12 !a
n
My Commission expires !2f� XJJID
eYlll Y11111
Modification or Deed of Trust (Martin Consolidated - Wells Fargo (3).DOCX
5
SCHEDULEI
DESCRIPTION OF REAL PROPERTY
All that real property located in the County of Ada, State of Idaho, legally described as
follows:
Parcel I
Parcel of land located in the East half of the Southeast quarter of Section 11, Township 3 North, Range 1 West,
Boise Meridian, Ada County, Idaho; more particularly described as follows:
Beginning at 518" dial iron pin marking the comer common to Sections 11, 12,13 and 14, Township 3 North,
Range 1 West, Boise Meridian; thence
South 89"16'o0" West 1172.06 feet along the section title common to said Sections 11 and 14, also being the
center®ne of Franklin Road, to a point; thence leaving a section line,
North 0`58'55" West 711.36 feet to an iron pin marking the intersection of the West parcel boundary and the
centerline of EightMile Lateral, said point also being the REAL. POINT OF BEGINNING; thence continuing
North Q'56'55" West 784.90 feet to an Iran pin on the South right of way line of the Oregon Shorfline Railroad;
thence, along said south right-of-way line,
North 89°59'30" East 573.58 feet to an Iron pin; thence, leaving Bald right-of-way line.
South 0658'55 East 1179.63 feet to an iron pin marking the Intersection of the East parcel boundary and the
centerline of Eight Mile Lateral; thence, along said centerline of Eight Mlle Lateral, the following courses and
distances;
North 70°22'01" West 86.56 feet to a pofnh thence
North 81952'16" West 190,81 feet to a point; thence
North 6701436" West 30.85 feet to a point; thence
North 46445'51" West 37.69 feet to a point; thence
North 40"10'57" West 393.69 feet to the REAL POINT OF BEGINNING.
Parcel If
Together with an access easement lid feet In width as shown on that certain Record of Survey No. 1404
recorded under Instrument No. 8915191 in Book G of Surveys at page 1428.
Madtiication or Deed of Trust (Martin Consolidated - WeIls 6 Fargo (3).DOCX
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 9.00
BOISE IDAHO 10/14108 04:87 FM
DEPUTY D -RE U
RIII IIIIII'IIIIIIIIII'IIIIIII'll'lllll
RECORDED-REQUEEST OF 108114121
Nall Farley
DEED OF TRUST
THIS DEED OF TRUST, made this is day of September, 2008, between MARTIN
SWIGERT, LLP, whose address is 1881 W. Marcon Ln, Meridian, ID 83642 (herein called
"Grantor"); and TITLEONE CORPORATION, whose address is 1101 West River Street #201,
Boise, Idaho 83702 (herein called "Frustee"); and UNCOMPAHGRE, LLC, whose address is 2231
North Hickory Way, Meridian, Idaho 83646 (herein called "Beneficiary").
WITNESSETH:
That Grantor does hereby irrevocably grant, bargain, sell and convey to Trustee, in trust, with
power of sale, that property in the County of Ada, State of Idaho, described as follows, either
located within an incorporated city or village at the date hereof or containing not more than fourteen
(14) acres:
A parcel of land located in the East 1/2 of the SE 1/4 of Section 11, T.3N., R.1 W.,
B.M., Ada County, Idaho, more particularly described as follows: Commencing at the
comer common to Sections 11, 12, 13, and 14, T.3N., R.1 W., B.M.; Thence along
the section lime common to said Sections i l and 14 South 89°16'00" West, 1172.00
feet; Thence departing said line North 00058'55" West, 711.36 feet to a point in the
Center of the Eight Mile Lateral, common to the Northwest comer of Cafarelli
Subdivision No. 2, as same is recorded in Book 91 ofPlats at Page 10777, records of
Ada County, Idaho; Thence continuing North 00°58'55" West, 21.02 feet to the
REAL POINT OF BEGINNING.
Thence continuing North 00058'55" West, 763.87 feet to a point on the South right-
of-way of the Oregon Shortline Railroad;
Thence along said right-of-way North 89059130" East, 573.58 feet;
Thence departing said right-of-way South 00058'55" East, 1179.63 feet to a point in
the Center of said Eight Mile Lateral;
Thence along the Centerline of said Lateral the following courses and distances:
North 70°22'01"
West, 86.56 feet;
North 81152'16"
West, 190.81 feet;
North 67°14'36"
West, 30.85 feet;
North 46°45'51"
West, 37.69 feet;
DEED OF TRUST -1
North 40°10'57" West, 40.07 feet to the Northeast comer of said Cafarelli
Subdivision No, 2;
Thence departing said Centerline North 00°58'55" West, 21.89 feet;
Thence North 40016'18" West, 352.94 feet to the Point of Beginning.
Together with the rents, issues and profits thereof, subject, however, to the right, power and
authority hereinafter given to and conferred upon Beneficiary to collect and apply such rents, issues
and profits, for the purpose ofsecuring payment ofthe indebtedness evidencedbya PromissoryNote,
of even date herewith, executed by Grantor in the sum ofONE MILLION and 00/100ths DOLLARS
($1,000,000.00); final payment due on or before August 30, 2018, and to secure payment of all such
further sums as may hereafter be loaned or advanced by the Beneficiary herein to the Grantor herein,
or any or either of them, while record owner of present interest, for any purpose, and of any notes,
drafts or other instruments representing such further loans, advances or expenditures, together with
interest on all such sums at the rate therein provided. Provided, however, that the making of such
Rather loans, advances or expenditures shall be optional with the Beneficiary, and provided, further
that it is the express intention of the parties to this Deed of Trust that it shall stand as continuing
security until paid for all such advances together with interest thereon.
Ifthe property is sold or transferred by Grantor or Grantor's transferee without Beneficiary's
prior written consent, Beneficiary may declare all sums secured hereby to be immediately due and
payable. IfBeneficiary, in its sole discretion, determines aprospective transferee is sufficiently credit
worthy, Beneficiary may permit such assumption upon execution of satisfactory documentation.
Beneficiary will not unreasonably withhold the right of assumption.
By the execution if this Deed of Trust and the Note hereby secured, Grantor agrees that
provisions 1 to 6, inclusive of Part A, and provisions of 1 to 9, inclusive of Part B, of the Master
Form Deed of Trust which was recorded December 8, 1972, as instrument No. 829115, Ada County,
Idaho, Mortgage Records shall be and they are hereby incorporated and made an integral part hereof
for all purposes as though set forth herein at length a copy ofwhich provisions has been furnished to
Grantor and Beneficiary.
Request is hereby made that a copy of any Notice of Default and a copy of any Notice of Sale
hereunder be mailed to the Grantor at address hereinbefore set forth
GRANTOR:
MARTIN SWIGERT, LLP
By: "�aA
Elaine J. Martin fanaging Partner
DEED OFTRUST -2
ss.
County of Ada )
On this _Z6 day of October, 2008, before me, the undersigned, a notary public in and for said
county and state, personally appeared ELAINE J. MARTIN, known or identified to me, to be the
managing partner of the partnership ofMARTIN SWIGERT, LLP, and the partner who subscribed said
partnership name to the foregoing instrument, and acknowledged to me that she executed the same in said
partnership name.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year in this certificate fust above written.
1 — ryPublic Idaho _
a u \G : ` Residing at
s% ' �q My commission exp
DEED OFTRUST -3
dlddlek
I�
3
(r� Title One
��,,JJ • title s escrow en
Fl."lln Rd
a
e�
Matt Cabs E:ren; is me eMr�i a
Cmwnertiel Cusbmer Sery wmp,y due:mins
PM1 (255147 1135 sM1oirn eM1rrean.
mmbe
waw.lileOO eO�s mm
neCarp.Wm
dW.,mes,
E
r
I ir�m
1 41.
$ iie `
r—
• �: - � i �lr9af9nul,*.min� i .�
� i��r'r+lge�•,t�mli •:•
,. tt9r9a►►r►rnt
qI P1 PTF1�. 1,1 tnl\9?iid11111q -
_ I1/1919'i. l+� tit9 Jll tl 111111nq r' � 'C -q
t •���� 7Tt11'11119'141J1
t1+4
f
E
El
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO
COUNTY OF ADA
I,i�ar�ih�iinsal da�ec1�-�-� FK } I ���in -S )-96q 2966 S•G0SkeoIcy
2
(name)�0 (address)
(city) (state)
being first duly sworn upon, oath, depose and say:
That I am the record owner of the property described on the attached, and I grant my
permission to:
tZ...-VaN, C) k' vk�' t're ��er
C Pecgfga N ..QC)
(name) (address)
to submit the accompanying application(s) pertaining to that property.
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 apphcation(s)_
�
Dated this Zr '3 day of 'n ci- 20
(Signature)
1 AND SWORN to before me the day and year first above written.
11111111I1111117!/�f
(Notary Public for Idaho)
A
1 E Residing at: �tl ti- C'0O"
rJ
=+ My Commission Expires: J TJ
33 E Broadway Suite 210 • Meridian, Idaho 83642
Phone: (208) 884-5533 0 Facsimile: (208) 888-6678 • Website: www.meridiancity.org
1:C-ENETY
y
' P _
N � y
If IITlfittdJ
r,rr„�,a,�, 1111111411111, r I IN p . rr�
i F+11111's\A'!IIIY �
I'.1
44i1411ta1 ':. 411 .
+II Jr JTIM. �i 1141!\141,>IIt1 iq
\'111Y4GNIb7lU11R #`
G _ 10114id't-tu Il47.171141v411tlip t '<
1S!{1111111'ILu
r _
'p
•�, .`' R I .cry[ r='i
w
m
�
a
oN
ZEE
N
LP
N
O n
I I I a"
a
H in
n�i
vap
r
�l
IF
RYg �'
h C.�OH!
��®®® 3� �e
ga151
Loyal I
os &ejjg $ a�
18 a
..064
O
w� i P9L{MldNll
Yq r
;N I n nn<ncc- e
! E
C=VIdNR
I
vi< �
BN
#J
.`,RNlr�ii
Nr
,pr p 06 � 6K
e
3y
I¢
T Zr
C=VIdNR
I
vi< �
0313YIdH/1 �^
' .. •.LO'BY9 M .59KW N. �§K
BN
#J
.`,RNlr�ii
Nr
,pr p 06 � 6K
e
3y
I¢
T Zr
i �•^�
�eyel �I�N
�jm
ii N<br
M—IM
DO
I
0313YIdH/1 �^
' .. •.LO'BY9 M .59KW N. �§K
Page 1 of 1
Anthony Swanson
From:
Stacy Hersh [shersh@meridiancity.org]
Sent:
Tuesday, July 12, 2016 10:27 AM
To:
Anthony Swanson
Cc:
Mindi Smith
Subject: AV: 1881 Marcon Lane - Insurance Auto Auction
07/12/2016 Address Verification: Insurance Auto Auction
Address: 1881'x+4' MARCON LN, MERIDIAN, ID 83642
Save Reset Cancel Help
Parcel Detail District
Parcel * • Parcel Status ' Prima
51211449603 Enabled �V 11 Yes
Lot !Block Subdivision
1 11 11 3N 1W 11
Stacy Hersh
City of Meridian
Land Development Support Specialist
shersh@meridiancity.org
Phone: 208-489-0326 Ext. 1326
7/12/2016
ei�ailH�av
4 g g
eoersomm sloe
N0Mdt/W
1531NY1]YS01105 ,. `tV�' ` e kC 9 '^
ol
Ell g
Ing
II
;I
�j x x
td's 9 1
3N, N.U.E
wee
l.�
e e
Q
a
e
ovalnlve N1 i
� S � �
5
•7y
�
gggf
�3F2$34�y�5€®aa
$ 2�ih �r�� $ _�
si�aiiN man ya wnaroau armxwnrx (`7
oe€aeatevzl x•✓�
a�
isvNvaiv s v4w
j®
Rj
A
ti
681
1�F
z
e
Hwy
ill
i a
3
blww"Z Sie
6h
F F
E+
^�0
3r_. pp„3 �j54 iii 3�5 i. E3
3R
a
e1•md
_5 9�33s^�
.a
es
O
�
f3 � leas
3u
�tl� II€v
�€p3
W�
3
�E6
e 3
YE Y3 `q x
X
g"u
✓�y
;e
F
y
L4
qkg
�
RD
z
0
qq
§
St
3
W
ai
.1
II
F
e
§w
e
w z
�
ui
gJE
�
Vwtr]�
a
j®
A
ti
z
e
>r
/
koLLoao#2:)Na/m~
�
k
_
,
!
§EeLai
!
§.
(�
� �
s
El
.
e �
_
�\!
d
t �y e
(
,\
/!
\-
.0!