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HomeMy WebLinkAboutCity Clerk ChecklistCITY CLERK FILE CHECKLIST Project Name: Thomas CPA File No. Contact Name: Lynn Thomas Phone: Date Received from Planning and Zoning Department: Planning and Zoning Level: Transmittals to agencies and others: February 27, 2007 Notice to newspaper with publish dates: 19-Mar-07 and 2-Apr-07 ❑ Certifieds to property owners: n fA rVq_()F m� ❑ Planning and Zoning Commission Recommendation: Approve J❑ Deny CPA 07-001 853-2463 February 8, 2007 Notes: City Council Level: ❑ Transmittals to agencies and others: ❑ Notice to newspaper with publish dates: ❑ Certifieds to property owners: ❑ City Council Action: Hearing Date: Hearing Date: -6 1 April 5, 2007 -� and �1 • � �.a, s-- if • �33 - �`�- ❑ Approve ❑ Deny Findings / Conclusions / Order received from attorney on: Notes: U Findings / Conclusions / Order: R.solub— Approved by Council: 0r penal Res / Copy Cert. Mmutebook Copy Rs, Copy Cerf Ciry Cle,, Copies Disbursed: CIN Engineer Ciry planner CAN Aflnm. Findings Recorded Sterhnp Cod M1ers Project File 0-puNClerk Copy Res, Cn'g"el Cert Development Agreement: Ada COunN (CPAs) Wllcat(non-CPAs) ❑ Sent for signatures: Recorded Ordnancee. Original' Mmutebook lesN CiN CopClerk Signed by all parties: State Tax Comm. S2te Treaslrer,Au .,,Assessor ster°p°o6flers Approved by Council: Ciry Alfomey CiN Engineer Ciry Plenner ❑ Recorded: Project file Appllcent Ii/ appl.) o.puNCl- Finan�, 0rd.r:: Onpinal. Nfi—book Copies Disbursed: Copiestn ft kan' Prgect file Ordinance No. Resolution No. Ciry Engineer CiN Planner q Approved by Cou n c i I: ty romey oepuN Clerk Reoord Vacadon Flndnlp •• ❑ Recorded: Deadline: 10 days Rec.rd.d o.y.loPm.n, Aor.m.n�: (>omal. Fireproof Filee °°°' Project ❑ Published in newspaper: file�.rhl`an` CiN Engineer CiNanner Pl • Copies Disbursed: CiryAnomey Oepury clerk Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Joseph W. Borton Charles M. Rountree Shaun Wardle CITY DEPARTMENTS City Attorney/HR 703 Main Street 898-5506 (City Attorney) 898-5503 (HR) Fax 884-8723 Fire 540 E. Franklin Road 888-1234 / fax 895-0390 Parks & Recreation 11 W. Bower Street 888-3579/fax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533 / fax 888-6854 Police 1401 E. Watertower Lane 888-6678/fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500 / fax 898-9551 - Building 660 E. Watertower Lane Suite 150 887-2211 / fax 887-1297 Wastewater 3401 N. Ten Mile Road 888-2191/fax 884-0744 - Water 2235 N.W. 8th Street 888-5242 / fax 884-1159 CITY OF n TRANSMITTALS TO AGENCIES FOR COMMENTS ON C>W6CITYOF IDAHO ` DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that i _FnE, LJREV," � your comments and recommendations will be considered by ,903 the Meridi MAYOR I an Planning and Zoning Commission please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: March 29, 2007 Transmittal Date: February 27, 2007 File No.: CPA 07-001 & RZ 07-002 Hearing Date: April 5, 2007 Request: Public Hearing - Comprehensive Plan Amendment to change the Future Land Use Map designation from Industrial to Commercial fort . e property located at 600 E. Franklin Road for Thomas CPA & a Rezone of 0.628 of an acre from I-L to a C-G zone for Thomas Property By: Lynn Thomas Location of Property or Project: north of E. Franklin Road and east of Meridian Road Steve Siddoway (no FP) David Moe (no FP) Wendy Newton-Huckabay (No FP) Michael Rohm (No FP) Keith Borup (No FP) Tammy de Weerd, Mayor Charlie Rountree, C/C Joe Borton, C/C Keith Bird, C/C David Zaremba C/C Water Department Sewer Department Sanitary Services(No VAR, VAC, FP) Building Department / Rich Greene Fire Department Police Department City Attorney City Engineer City Planner Parks Department Economic Dev. (CUP only) Your Concise Remarks: Meridian School District (No FP) Meridian Post Office(FP/PP only) Ada County Highway District Ada County Development Services Central District Health Nampa Meridian Irrig. District Settlers Irrig. District Idaho Power Co. (FP,PP,CUP) Qwest (FP/PP only) Intermountain Gas (FP/PP only) Bureau of Reclamation (FP/PP only) Idaho Transportation Dept. (No FP) Ada County Ass. Land Records Downtown Projects: Meridian Development Corp. Historical Preservation Comm. South of RR / SW Meridian: NW Pipeline CITY FALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 O CITY CLERK -FAX 888-4218 FINANCE & UTILITY BILLING -FAX 887-4813 MAYOR'S OFFICE - FA�X�884gg19 433 Printed on recycled paper Planning Department f,. COMMISSION & COUNCIL REVIEW APPLICATION Type of Review Requested (check all that apply) ❑ Alternative Compliance ❑ Annexation and Zoning lX Comprehensive Plan Map Amendment ❑ Comprehensive Plan Text Amendment ❑ Conditional Use Permit ❑ Conditional Use Permit Modification ❑ Design Review ❑ Final Plat ❑ Final Plat Modification ❑ Planned Unit Development ❑ Preliminary Plat ❑ Private Street Rezone ❑ Time Extension (Commission or Council) ❑ UDC Text Amendment ❑ Vacation (Council) ❑ Variance ❑ Other Information STAFF USE ONLY: File number(s): fa'01"-002., CPA-o7- « Project name: Tho.»i" CO}npreke r VC Pl Date filed: 12-14-916 Date complete: Assigned Planner: SOr►ya. wo-+-10-S Related files: Hearing date: 4-5-0-1 commission'❑ Council Applicant name: (Li��////� y 1H f���� Applicant address: 6#Q F Ai I KU i1 Applicant's interest in property: 0 Own ❑ Rent ❑ Optioned ❑ Other 1 Owner name: Owner address: 64b E Ll A I 71K b Agent name (e.g., architect, engineer, developer, represe tive): Lyn n l h Firm name: �� m Address: lP•i7) 1'— 0 LI A I/ 1 , a % Al Primary contact is: ❑ Applicant Contact name: E-mail: 1 11 n n _<�lll Subject Property Information Location/street address: Phones: Zip: S Phone: .- Zip: a � _ Phone: > Z Zip: ■ Agent ■ Other V�1 • !� e Assessor's parcel number(s): Kf.' o Q © C^ 01 2 Township, range, section: 3 1 � l�_ / Total acreage: • Current land use: VA e A AJT Current zoning district: I -' L 660 E. Watertower Lane, Suite 202 . Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 1 hrnend wotj Project Des Project/subdivision name: ko F__ . A General descrij}tion of proposed project/request: 11/ACT Proposed zoning district(s): // Acres of each zone proposed: s (O �-$ Type of use proposed (check all that apply): ❑ Residential X Commercial 9 Office ❑ Industrial ❑ Other Amenities provided with this development (if applicable): Who will own & maintain the pressurized irrigation system in this development? Which irrigation district does this property lie within? Primary irrigation source: Secondary: Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): Residential Project Summary (if applicable) A) Number of residential units: Number of building lots: Number of common and/or other lots: Proposed number of dwelling units (for multi -family developments only): 1 Bedroom: 2 or more Bedrooms: Minimum square footage of structure(s) (excl. garage): Proposed building height: Minimum property size (s.f): Average property size (s.f.): Gross density (DU/acre-total land): Net density (DU/acre-excluding roads & alleys): Percentage of open space provided: Acreage of open space: Percentage of useable open space: (See Chapter 3, Article G, for qualified open space) Type of open space provided in acres (i.e., landscaping, public, common, etc): Type of dwelling(s) proposed: ❑ Single-family ❑ Townhomes ❑ Duplexes ❑ Multi -family Non-residential Project Summary (if applicable) Number of building lots: t� Other lots: C7� Gross floor area proposed: Existing (if applicable): Hours of operation (days and hours): Building height: Percentage of site/project devoted to the following: Landscaping: Building: Paving: Total number of employees: Maximum number of employees at any one time: Number and ages of students/children (if applicable): Seating capacity: Total number of parking spaces provided: Number of compact spaces provided: Authorization Print applicant name: Applicant ems') xls�-SS3 Facsimile: (208) 888-6854 . V .' .�� o7u'+L Website: www.meridiancity.org 2 (Rev. 9121106) Zhomas family Real Estate Investments, r.r.r. Goo E. tranhlin Rd., meridian, Idaho November 6, 2006 City of Meridian Re -Zoning Request Comprehensive Map Plan Revision I am requesting that the lot owned by Thomas Family Real Estate Investments, L.L. C., parcel number R5672030992, physical address of 600 E. Franklin Rd., Meridian, Idaho be re -zoned and that the map be changed from I-L to C-G. The justification for this request is that this stated lot and our lot directly east (700 E. Franklin Rd.) have frontage on Franklin Road. The 700 E. Franklin Road lot that is directly east is already zoned C-G and the property directly west is zoned L-0 (commercial). We are currently in the process of building an attractive 7400 square foot commercial office building on the 700 E. Franklin Rd. property. Another of our properties, 660 E. Franklin Rd., which is located directly northeast of the 600 E. Franklin Rd. lot is also zoned C-G and has an attractive commercial office building situated on that parcel. Re -zoning and changing the comprehensive map for the 600 E. Franklin Rd. lot from I-L to C-G will allow us to construct a more attractive building, be consistent with the existing office buildings in our business park and will also be consistent with properties west of Stratford. Thank you for your consideration in this matter. L homas Managing Partner Thomas Family Real Estate Investments, L.L.C. y RE - VI P90N BY FEB 0 8 2007 M WPUBLIC WORKS DEPT. , iv S 89_47'03"_ E 174.09' 7 I , 1 " = 40' I I CN I , I , �- �0 cv w I 0\P �I � I d- ,o o z to I , I o '� Ln I �,_ P��F�• LOT LINE -51ti - I 0 I ` SUBDIVISION 0 o BOUNDARY 0 i LINE 1 /4 S. 7 129.08' S 89°46'06"_W 174.11' N 89'46' 5.18 06 E 303.19' q E. FRANKLIN RD. • IDAHO SURVE ISGGROUPYP.C. LEGEND REZONE BOUNDARY SUBDIVISION BOUNDARY LINE LOT LINE 44,31 OF0 MERIDIAN CITY REZONE EXHIBIT 1450 E. WgTERTOWER ST. SUITE ISD I-L TO C-G MERIDIAN, IDAHO 83642 (208)846-8570 LOT 18, BLOCK 3, MERIDIAN BUSINESS PARK SUB., LOCATED IN A PORTION OF THE SE 1/4 OF SECTION 7, T.3N., R.1E., --- - B.M., ADA COUNTY, IDAHO JOB NO. 00-000 SHEET NO. 1 OF 1 DWG- --._ DATE m_ ri-7 5 '9-4 7" 0.3"- E i: I I A 100. QO 100.00 100. o 204.08 io+ nen# a 0 922 0 19 rn 0 N C • S 89047'03" E S 174.09 w Q o ao o U) co co � � z 6 18 N E cn w 0 0 T � w r o 0 51 o 0 174.11 z z _ o. 00 0. o Numerical Subdivision Asr# 567203, Plats - Bk70 Pg7158 Scale: 1 inch = MERIDIAN BUSINESS r qw� 0.39 Inches PARK 40 Up b � S � � § 0 �7 0 C� m � oFA RRP 4 700 E. Franklin Office Building A 700 E. Franklin Road Meridian, Idaho w _ Patrick McKeegan Architects 46% O..Hod [..d - Sdh 27I ... -c ...a 8obe.o tdJa 83705 - (78_t) 421-KMK F (2M) III-�fy ° cr .y 1p t0 A� rt Patrick WK egan Architects _ — 46% ( ,Ir d R." - S.Ite E74 - �. IdJ5 - . 9370 om _ (208) ddgc 8608n F. (E08) 4E4-0dQ I PRQIEdT: 208092 �dTT+. a - . -cc.H .ec. rec, oa.wi dtlul; OWM uRA1lN_Yc/YW/mu REyI_ per. �Y Y.1 i !1 =MIC l Fm O � M 1-1 1.1 f,-I t x T 1 � / I � r®rA �t - Cr 41� bid o 1 YYpp � I� t'Z -% �t k I�A�•t Patrick MgKeegan Architects Atli o 1w !W A v E 1 IAP RDJEYTC.. EOB09L DATE 8/OB EdALE 6H0AN DRAWN Y RIMMON, I'd A a S 1 3v. E: s ' a 1 i \.% -A HOIV AS FAYII4Y R. -; I., GAO F FRfI1V 4INRD. A11FRIDIAN, IDAHO Date: December 5, 2006 To: Property owners within 300 feet proximity to 600 E. Franklin Rd. From: Thomas Family Real Estate Investments, L.L.C. Subject: Nei4-1 ghborhood meeting December 10, 2006. This letter is to inform you that we are requesting that the lot owned by Thomas Family Real Estate Investments, L.L.C., parcel number R5672030992, physical address of 600 E. Franklin Rd., Meridian, Idaho be re -zoned from I-L to C-G. The justification for this request is that this stated lot and our lot directly east (700 E. Franklin Rd.) have frontage on Franklin Rd. The 700 E. Franklin Rd. lot that is directly east is already zoned C-G. We are in the process of building a commercial office building on that lot. Another of our properties, 660 E. Franklin Rd., which is located directly northeast of the 600 E. Franklin Rd. lot is also zoned C-G and has a commercial office building situated on that parcel. Re -zoning the 600 E. Franklin lot from I-L to C-G will allow development of a more attractive building and be consistent with the existing office buildings in our business park. A meeting will be held Sunday, December 10, 2006 in the lobby of 660 E. Franklin Rd. Meridian at 9:30a.m. for those who would like more information regarding this request for re -zoning. Lynn Thomas Managing Member Thomas Family R.E.I. L.L.C. ,. ,. 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O mO r .i► D " q 0'L ✓Q: m y v oz y 3" B 4gsmD 7c AW t I"j, it- if =g�gP fk Ft:f 1� 14 (t -1 Y s d STATE OF IDAIq) $ji E' a� phi £'3 u� o=a3 �°y*e F}jG Iu S!r -� 54 sS3 •N' .�?�•• M O R6° ".�Amy;�A 114; �f Re 3s DRAWING N0� 930T01-I li�r(Fli� 1�iiltt��tit�td�ai�i!}d3�tsii ���Frfl: k�l��is=fd�d),.} #�it�d9itaft "go t!t R } trdikCCC'i(k`#` el (}• } ;rt� 4'�'k kli'f•�etd�;;5 ;rgCk Ck ;��=f Eric Cr�e3E ��Crrs�}d �Ir�d��ifiit`ktf ftgt}k c f i 1-I�i zf,fd i id^f fk pp i(i h x ditl }t; E g iti�i S 'Irs its �! i4 i i d t Y d t STATE OF IDAHO) "ELM", Ado ) f t daif tk�`}�� �skt;ktitltCet�o3'� �'fidfr ��r;�t1pr6C6� 1 =! S.m - �,t ,kf d tf dk - t a z m1mye°, /9Tv 1•:b,bk tarot A4w.7 mtlr w Cd oeroeme,owra,-- y t! rwr_[L-,heto'.-'o^ob,rahk,mteeo toia Dennis end Jonet �ulferrielt, kno,� �hT°. Ily oppeo-ep R°ger Z. ant Zeerine M.b-n.k.—or itenalletb:. 6e C' e namea o-e sghacrbetl the with,1h►f(u �'ex°urtresutrcrihtt blhew"hnml—"'As w- Irtatees at tcknowletger� let the tame m s,KA lruslet[ '�°e e'Z IhG same m ooch-h,IA,I . N• �n en ,m, Espref o . •.. ���� .�Ha.Sd4(,. 9-/e - q� CZrJ D _ Ra, nq AI Lamm E vies � rm e; ^gn�m � Fm mo '�_� a{ saso. 3 a ^.- A ' to f/1 s A : n C . A F U9^ U'a^ z Z 3 Ul01 f° sad "•'� -fit •/'.` o f�1 ° "g e n 0 N I O ID (D rn m T' MERI .TIM � D 3T7z z MA T D Z r TGROVE� ll-11 I oll :ill [NOLA] Hearing Date: April 5, 2007 File No.: CPA-07-001 Project Name: Thomas Comprehensive Plan Amendment RECEIVED FEB 0 8 2007 City Of Meridian City Clerk Office Request: Request for a Comprehensive Plan Amendment to change the Future Land Use Map designation from Industrial to Commercial for the property located at 600 E. Franklin Road, by Lynn Thomas Location: N. side of E. Franklin Road, approximately %2 mile east of Meridian Road, in Section 7, T.3N., R.1 E. File No.: RZ-07-002 Request: Request for a rezone of 0.628 of an acre from I-L to C-G. The Grantees herein have read and spore he following; Title File No.; B194-2884D WARRANT FOR VALUE P.ECEWED MERIDIAN INDUSTRIAL PARK, an Idaho General Partnership DEED GRANTOR(s), doestdo) hereby GRANT, BARGAIN, SELL and CONVEY unto THAD J. I-HOMAS and LYNN E. THOMAS, husband and wife GRANTEES(s), whose current address is: 1155 Justin Place, Meridian, Idaho 83642. the following described real property in Ads C,iunty, State of Idaho, more particularly described as follows, to tvit: A po,cel of lend being a portion of Block 3 of MERIDIAN BUSINESS AND INDUSTRIAL PARK, according to the official plat thereof, filed in Book 51 if Piets at Page 4274, records of Ad* Cour:y, Idaho, which paronl is more particularly described as follows: Commencing at the Southwest croner of sold Block 3; thence North 89020,30n East 347.35 feet along the Southerly boundary of said Block 3, to a point; thence North 89146,06" East 129.b4 feet along. the Southe`ly boundary of said Block 3 to a point, said point being the REAL POINT OF BEGINNING; thence North 00031,11• East 344.19 feet to a point; thence South 89°47103e gas- 37].52 feet to a point; thence South 000111041 west 341.87 feet to a point; thence South 89°46'0ti" Nest 373:57 feet to the REAL POINT OF BEGINNING. TO HAVE AND TO HOLD the said premises, with their sppurtenances unto the s6id Grantce(s), and GrantoeiO heirs and assigns forever. And the said Grantor(sl does(dol hereby covenant to and with the said Grantee(s), that G; antor(s) is/ere the ownerls) in fee Simple of said promises: that said premises are free from ell encumbrances, EXCEPT those to which this conveyance is expressly made subject and those macia, suffered or done by tl:- Grantee(s); and subject to reservations, restrictions, dedications, easements, rights of way and egreements,lif any) of record, and general taxes and assessments, (including Irrigation and utility assessments, if any) for the current year, which art not yet due and payable, and that Grantor(s) will warrant and defend the ssmo from ail lawful claims whatsoever. Dated: Dece' ber 14, 1994 _ klNeniftLn f, -.-- ACKNOWLEDGEMENT—PYnnttshrp - - STATE OF...JApitho...........,G,unty.f.:... Ado. On this ...i�l...... dryer...... December ..:. in sheywrur ....I9,�4, - ""SON ...ixbee;ne. shnm,ict.,g,�n(;iN..ysy _ Public in and lot isid Stn , MinsCon.ti. a �CVPL6Y .. .... . .. i� 10 • lima or 4murW rU. • t Rl — n< • ..pr trfvn sbr p.nr+enlny „r 13018E TITLE & ESCROW ...Meridian Er;I q�$aT ?ar and tine pmrner(s) ''? t r R � tr. >�•j r K +,r d,c ....�.f, . swine n(, an4ukn Ird Seertnc rlt l+`f72 �"j z purrd dv wcn•,n •ac,l ..:�'erl: st/sf?.(� AR hkmc..:P.enny R. Com RcnJ'nK.i . Mertd.iant Fdahcf - 2 I'f + rnn,;...... t ,;,,,, 05-04-2On()4. . r p,- I Boise.T1t1e&_Escrow, lnc.. 09/28/99 08:45 FAQ 37 i, RECORDATION REQUESTED Q Q Fil . . RANK OF AHERICA -V*- \.n., D/iI/A BANK OF A11FRlG1 IU,UiO ' CIO CLSC-e (I)Ovsl P.O. DOX 7400 96!l?7Q�ty AtA .Cry ?L(:t1RDER DA VI COEUR WALENT:, iD01114.1943 B OI : E ID '. . WHEN RECORDED MAIL TO: RANK OF AIiERICA xlv,. N.A... Dn1/A RANNK OF ANIFRtCA #s�#��T.AM�81C��tJITLE C.J,' iDA110 C/O CLSC-E tnoc's> a P.O. RON 7490 FE! COEURA'ALENE,ID 83$14-I94) RECOfUf.G; ri=CUr,;T t]F 19.99000506 SPACE AVOW TillS LINE. 1S FUR RECORDER'S USE ovt.ti Bank of America DEED OF TRUST THIS DEED OF TRUST IS I)ATED 51ARCII 29, 1996, ;errlon, AND IVIFE; whose address is 640 G FRANKLIN, MERIDIAN, ID 83642 (?ef it elf o b.eloµ as'I"(;ranto��IAS, J[US$ANU AMERICA NW, N-A:, DID/A BANK C)F ANIERICA IDAIiO, whose addlccs is CIO C1,SC-E (UOC'SOf");O N x?JO(l, COEUR D'AI ENF„ ID' 83814-19.43. (referred to Below snrnetitrms as "Lender" and sm ictimes as "Beneficiary"}; and FIRST_ t1IEJi[Cr1N 'I'htl:>;, Ils ,wltocc, address is 73j1 I'O'1'O,tIAC 13I:IVr, IiCi1SE, IDAiiO (referred to belt►+cz_ "Trustee"}: CO\%'El'ANCE AND CFtAhT. F'or walriahle comiderntlan, Crantor does heretjy IrrtrOr rhlf grant, bargain, sell and rom'ey in trust; with pores of sale, to es cril t forthe ro a rl of Lender as Aeneficiary, all 01 Grantor's right, tilit, and Interest, now 0rmod or hereafter acqu (rust, i and t e the following described. feat property, together with all existing or subsequently erected or Mixed buildings, imicrovernvnts and fixtures; all easements,. royals of way, and Appurtenances; all water, water righ:s and ditch rghts`(including stock in.ufilitires.with dlkfi or irrigation rights); and all othar rights, royalties, and prorus relating to. the real ptuperiy, Inquding without Irmilntion vii minerals, 01, gas, geothermal and similar matters, located to MERIDIAN County, State of Idaho (the "Kcal Property"j LOTS. 13 I) 19 IN BLOCK 3 OF. h1!sRiDTAN IJUSINli OK 70 OF i'SS PARK, ACCOR!)iNG THE UFFICr FIIEREOFj FILED Ly ROI:A'I:S AT PAGE 7158, OFFICIAL ':L MAT ItlsCOlti)S GF A!)A COUNTY, D The Real Properly orits address is coenmordy known as 600 & 640 M ! t2ANKLIN, Mf'sRII1iAN, iD 83642. Granite aces of t e Pops t Lender (also known as 8anehefary if, tills Deer] nl Trusty all o}. Grantor' right, irtlo, :indlnlorgt:! f►i and 10 . future karid t of the Property and, all Rents from the. Property. In addition, Grants grants Lander a Uniform Commercial Codu Security interest in the Rents ue the Personal property defined hotow. Grantor warrants that it has made no prior ossigninent of rant and leases ad interest s, ea e subsequent assignment withdut Itte prig written consent of Lander. ,Grantor's right to collect .gents shall not constitute Lender's consent to t rn use of Rents as cash collateral in any bankruptcy pr0ceasiing .. no DFFl Trust haig hive Theeanin following words shall have ;lx+ fol owrnq meanings When used in this Deed of Trust. ,.7emis not otherwraa detinnd in thi; Deed Trust y of i have the m1810$ of mere led to such leans in the L'nitorm Commercial Code. All felorahtes t0 dotlar antouni9 shall ninon arnpuitts in lawful money of the Untlod States of America. d of Denefieiarv, The word Beneficiary" moans BANK OF AMERICA hW, N A OlB1A BANK OF AM aFAlrtsRlcn NW.* N.A., DIBM BANK OF AMERICA IDAHO also ,s rrnerted to as,"Lendb>"!h ibis Doed of Trust. , ERICA IDAHD,'its succrrssom and assigns.. BA!* Deed o:. Trod. The words Oeed'cisf,)t tHeaa Ihi� Dead Of Truer omong Grantor, tandor, acid Trustoa; and includes vnihpul tifiltatij assrg�rtent and security Interest resat ng to the Personal Properly and Rents Grantor. The word "Grantor" moan; any and ail persons and ennlies oxocudn th Dead oI Trust including without Iiniteli0n 77tAD J �J ,ail and Ll \\ E 7lIO.AlA;S 9.. �8 Guanrrnor: Tho word Guaranlor" neans and iiicludra iniirh O. IAS c0aracaon with the Indabiedness. tut limitation any , and all. guarantors; r uraHgo,, dntl. accsi empr0"ements.. The Word-nPr0vQmrnI9 manna and include wtliiorn Lin,tafiorr np tritaung artd.lun,r0 ins �?dAtior parties in sVucrures rnobrle horno� alCxedon Uto heat Property facrldias, nddrua1110 ra ril ellon, h Indebtutnest; 7tso'vloW 7ndobla<Inesi moans 6g: tenet p and olhtxcanstn,cnntt an t/orpn ltpronerty s' 6t rto,irgg Len �r to disch axpp pal:urid tninresf paynbie under ifla NoIU ;sncl.:any amount +xryehdhd.or ativailcad t aryz ob4gr ens oI ntantar. ro IdO ants s De d by Trustca or Lender fq enfgtce o44gah0ris.:oi'Granlor tindcr.Uns:Ocrd.of together wrilr. irrarC tI, oa ueh arncunts as provtdcd in this paw Al Tiu t, jnclefdin late chri fo and e a l Lender fh . nhrd Lander" pectins BANK. OF At.7ERtCA NW 9 y P1 P yment fees �ut`r Tfic ill,too2 note i NfR d!B/A @qNl( OF AMEkICA iDAH(# it's successors and as lops. bslanre rt pnjjone line u a testa cxeaerlfile, rsun of S35et)eoap tin tjlrru+gticd,�U xever, lhae . t Jb 'w,dcr the 1eYnts of ++hfch the mrtst auling principal d1 uma ulranctd tyty, If ire Fxrras of ti,ch 09 DEED OF TRUST (Continued) Page 2 amount, are secured by this Deed or Trust; together meth all renewals;.modification , or extensions thereof and together r •rith Interest sad . office charger thereon at such rate or rates as shnU E>c agreed upon. 17te me .maturity date of IfriS Deed of Trust is April t, 3ii06; Ptrstinai Property. The words "Personal Property" at es of byallsuGrantor, end now or hereafter attached or ff nd to the Rean aJI equipment, l p 8 t, tlixturehernwilhtarll accessions, parts randraddrtions W, all replacements of, .. and al substitutions ior, an of suchProperly.-P Hit og' F P P ditty now or hereafter owned Y and with aft roceeds ;rnctudln without limitation all Insurances premiums) from a safe or other disposition of the Proerty. P g 3 proceeds and refunds of Property The word "Properly" moans oW!eotively.tfte Real Property and the Personal Property.. Real Properly. The wards "Real on Property mean the property, interests and rights described abothe "Cvwance and Grant section. Related Docan rents.' The words "Related srri In Documents" mean end Inewde without limitation all pthe'Conotes, credit a tee agreements, environmental agreements, guaranties, security agreements, mot*gages,. deeds of trust, and all other instruts, agreeand documents, whether now or hereaflor exhling, execuled'irl Mrinection wtth the+ indmenagreements ebtedness. g reeme is an Rents. Pr.7ne ward "Rants' means 411 peasant and future rents, operty. revenues, Income, issues, royalties, praGis, and Other benefits derived from the Trustee.. The word `Trustee° manna FIRSTAMERICAN TITLE and any substitute or successor trustees. 1 U[S DEED OF TRUST, INCLUDING TIfE ASS1Gh titE, PROPERTY, iS GIVEN TO SECr1RE OF RENTS ANU TILE SECURITY 1NTER£SI 1N TlIE RENTS AND PERSONAL GRANTOR UNDER (l} YAYAtllVT OF TILE ;NDEIITg� w1r5S AND (2j' PERFC ;;,ANIANCE OF ANY AND ALL OIILICA:IONS OF THE ROTC?.. TI[E RELATED DOCUMENTS, AND 'ibis DEED OF, TRUST. Tiffs llEED QF TRUST i$ C1VF,N ANO ACCEPTED ON TIfE FOLLOWING TERMS Yrust as YI' AND PERFOR!vI/iNCE. Except as otnerwise provided in !his Deed of Trust, Grantor shall pay to Lander all amounts secured by Ihis Deed of Trust as they. bents. u0. and shall strblly and in a Umely manner penorm tell of Grantor's obilgalions under the Note, this Deod of Trust, and the Related, Documents. POSSESSION AND IyAINTENANCE OF THE PROrERTY. Grantor agrees that Grantor's.possession and use of the Property following provisions: p rty shall be governed by the Possession and Use: UnIfC the occurrence of - an Event of Default. Grantor may (a) remain in possession and centre! of the Properly,. (b) use, operate or manage the Property; and (c} cotlert any Rents from the Property, The follovdng provisions relate Ic the use o! the Pro ly, limtrtrms on the Properly. THE REAL PROrERTY EITHER. IS NOT MOPE THAN TWENTY (20). ACRES fi4 AREA stl r t e Pry Pe? WITt IN her INC{, 'GRATED CITY OR VILLAGE. P_ y or to other Duty to Mairitain Grantor shall maintain the Proporty in tenantabie condition and ro I necessary 10 preserve its .a!ue. P mPf.Y Perform all repairs, replacemems. and maintenance Ilazardotu lulxtances: the terms "hazardous waste "hazardous substance,, "dispose( "release,., and "threatened release" as used in this Deed of Trust, shag have the sanit3 meanings as set forth in .ate-_eornorehensive Envronm?nfal Response, Compensation; and u e d 1980, as amended, 42 U.S,C. Section 38t 1, et seq. (CERCI A") lht wpe+7und Amendments and Aeauthorizat on Act of 1986, P.rid L. No. 99-493 very Act, 49 US.0 ('SARNI! t',o Hazardous Materials Trar,: °niaU eq; ("' ly Act of n. a Section 8901, et seq., 'h other apsubsta e-, uhalPka or al deral de, without o8itatin ations adapted pursuant to atrY of the foregoing: The terms "hazardous waste" and "hazardous substance" shall also include, without IimAatit n, Pels adopted puts. . ntm bydli Of Seq_lhe Resource ' produces oon and re of } n^lion thereof � and' asbestos.. Ginn+ + " o, represents. and warrants,to Lender thole (a) During tha period of Grantor's ownership of 111e Property, there has been n0 use, generation, front tlacture, storage, treatment d'sposel, release or threatened re ease of any hazardous waste or substance b an under, about or tram the Properly; (b) Grantor has no krowtedge of, or reason to lea e o that (hare hag. been, except as previously disclosed n •(rid acknowledged by Lender in writhe Y y Person mn, t1 9 (4 any use, generation, manufacturr., storage, treatment, disposal, release, orlhreatened release of any hazardous waste Or substance on, under, about or from the Pro er b wn threatened litigation of claims of any kj.,d by any person eelaU P ty y Y Prior C) Exs or occupants of .the Properly Lender in writin ng tO such mAtiers; and c P ry or c any actual y writing,. G). nether Grantor. nor any tenant, contractor, agent or other authorized usr- of the Property shall use, generate, manufacture, store, treat, dispose of, or release' any hazardous waste or substance on, under; about or teem the Properlyatty disclosed w ant accnrwtedged by conducted in compliance with a@ applicable federal, stale, end local Taws, + regulations, and ordinances described above, Grantor authorizes Lender and its agent s to enter upmn the pro end lormany such activil shall s tests, at Grantor's.expense, as Lender May deem a rc riate tc determine cow stance of the Prouialiolis and inan. the Propelrtg without limitation those laws ll 'r an of o[Is a tests made by Lender shall be for Lenders purpores only and hs II not be construed to create any responsibilakg ity orch nsabCity or tions ejt Pan ti Lander to Grantor or to any other person. The rewesentations anti be coniairaC herein aparty he'thasedtOn GraMorD duerd pence in InvostigaUnc the Property for hazard waste and hazardous substances, Grantor hereb Lender for Indemnity or contribution in the event. Grantor < indemnify and hold harmless Lender against any and ell claims bases, beeliabft!rts, damages, eta) sts under and waives any fti!ure claims against become. liable for cleanup or other costs under any such ?nvvs, and (Li agrees to Indirectly sustain or suffer r the ing from a breech of this section of the Deed of Tr_•s; Or as a consaquanca of any use, 9eneratton, manufacture, storage, disposal, release or threatened release occurring prior to Grantor's ownership. esdag penalties, and expenses which Lender may dirnctl; of should have been known to -Grantor. The provisirns of this sxtlon of the Oeed"bI Trust inGuding the obligaibii to indertmi payment O!. the lridebtedness and the'satislacl'mn or � ; � interest to the property, whether or, not the 9arm was or � acquisition of arty lief rest In the Yrc er er mnve!'ance of the lien or ,his Deed of Trust and shall not be affect ld Ilsurvive the by Lender s P ty, whether by tot or oti)erwise, Yuisatisc tYaste. Grantor shall not cause, conduct or permit an Properly Nuisance,. any nonlon of the Properly. :'/Rhou! limiting thenuishe foregoing, Grantor will nOf rerawrippi g Ot. to an Other right to iconnor P Suffer any stripping ot.Or waste o+rar to the ¢' ve any timber, minerals. (incfuding.oit and gas), �qil, stave; or rock conducts w;thoufthe nor wriftKA corns Removal of to P p Y party the ProrrmenLs, Granter. shall r .t, demolish or renroyb any Irrprcvements from lh� Rea! Pro a ant o1 Lender . Lender, . As, c condition to the removal of anyr'Impraverronts; Lendr r > Y r _MIe nt enter to make rue : such, improvements WiliiIm ioyamehts o! �, P rtyvvtthtxrt thti prior written consent o; r Lender's Right In Enter, 'Lender itnd its !oast eq,ral value. q ,gel. $n!s satwaato to ry Lender to reo!are Lender's interests and ,o Inspecl the Pr a �lo�ts and mptesontarves m F rfy put oses,alGran? airier upon the Real.PfO a )i P �r`s cmnpliance with fix. ,erns and cI dil!ohs olthrarDeefd otru t attend +o qW. Compliance Kith Goverr,raenlal Requirrmcnts: Grantor SI,aII ro effect .of all governmental autfroritie, a P mpUy comply with: nit tavi x DisabrfiUns ppileable to Iho use. or m ordinance z and r r t r? Au, Grantor ma r ccxrpancy of lho Prone egu dirorrs Hover o1: hereafter rtcluding' appropriat oak+ s nlo� ' n good to ;h any srrcfi 'dw, ordinance, or : ,gufaifo7 and withhold compliance during rty, including wrihaut lunilaton the Amei(cans With Lender's, interests Ir th� Pio a gas Grairicr has ngtif;end Lender !n wrifino.,Nrier td,doi ng'sd.and so t) nn' " sahafactory to Lends Iopro.r¢+t�Cender n,iefast d'zeo Lander . y Pfoceeilrng may require Grantor to post acid ua t l nq as. Tn Lander'a. sole npir�on q t security or a surely .bond roaso,rably t,? ^emsj�lx aIt�K , 9N <� uMR; ��-y',�i'JK�9t4,���{�(. ra"'���it'iJ1.i��Ar r4i�ti�� j3y�ss,rlrsq��b ,�,.�`'y": ,. wtif4��r�'� s �'�''�}v •^�"+5'.y �pr;_a 04/28/99 08.49 Fyn 37Z 0997 00 _ DEED OF TRUST Page 3 (Continued) Duty no Prefect. Grantor agrees neither to abandon nor Leave u'Wended the Property.. Grantor -.hen do all of a ,i, in addu. •. ,athosa acte set forth above In this section, which Irom the character and use of the Pre perty are reasonaby r�,4yary to W , �t ,; ., :rose vy a•,+ ;,roperiy. its option, decfare immediately due an DUE, ON V LE - CONSENT BY LENDER. Lander may, a; iaayabla ells•- s �• this Cee�? of T:. St o ,9rr�_ :. upon the sale cr transtef, without the tender's prior written consent, of all or any part of the Real Property, or any Inlereal',- .- , ri, fi r;,jropW,. A ,r a or.Iranslera',means the conveyance of Real Property or any right, Lille or Interest there;., ::hether Leger, beneficial or a at 'lent NheThadvol:!ntary involuntary; whether by outright sale, dead, installment ti sale contract; land contract, contrw--t lot dead.. Is Interest wh. . � 411! graater than lNee (3) years, lease -option contract or by sale, assignment, or transfer of any beneficial Interest in to trust or any land holding till to the A.3a1 prop6•ly, or by any other method of conveyance at Real Property !.*:latest. II any Grantor is a co. ratanpartnership or lirNied !!potty company, transfer ;iso i',civdes any change in ownership of motet than twenty=rive percent (25%) of the voting stock, partnership interests or limited liability corip as the case may be, of Grantor. However, this option sl:aii not be exercised by Lender if such exercise is prohibited by federal law oany nterests, r by Idaho j`. law. TAXES ANDLIENS. The following provisions relating to the taxes and hens on the Property area part or this Dead of Trust. 9' Payment: Grantor shall pay when due (and In all "vents prior to delinquency) all taxes, special taxes, assessments, charges (including tinter and sewer), fines and Impositions levied against or rn account of the Property; and shall pay when due am tendered or cla6ns for worn done on or for services. material furnished to the Property. Grantor shag maintain the property free of all lens having xiorffoover or equal n the Interest Lender under ihls Creed Of Trust, except for tine Hen of taxes of and assessments not due and except as otherwise provided In this Deed of Trust, (tight To.Conrest. Grantor may withhold payment of any tax, assessment, f or claim in connec+Jon with a pay, so long as Le•idar's interest in the Property is not jeopardized, if a ten arises or Es filed as a result of good (15) days after the lien arises or, if a lien is Filed; within fifteen Grantor shapowiihla tifieen (15) days after Grantor has notice of the filing. secure the discharge of the lien, or ff requested by Lender, depositwith Lender cash or a sufficient corporate surety bond or other security sacs►actoryto Lender. in an amount sufficient to cischarge the Ilan plus arty costs and reasonable fees attorneys' or other charges that could accrue as a result of a foreclosure rr 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 edit! loop! obligee under any trey bond furnished in the contest proceedings. Evidence . Payment:. Grantor shall upon demand furnish to Lender to, ;. t>: the satisfactory. evidence of payment of the lames or assess ments and shall a+itliarize the appropriate goVetnm�nlat ottci&I to delver to property. P � at any fine a written statement of the taxes and as against ' the Notice of Construction Grantor shall not! materiels era suppled to the Property,if an " Mechanic's (fail, ender at least liftra3n (15) days before any work is commenced, any services ate furnished, or any. or lien or materials. Grantor will upon request of ender furnish to LenderAdvancea cesassut6rceser n account of I cost of such improvements. saUsfactory t Lender ld be asserted o G onto, can he nd wit pay.the PROPERTY DAMAGE INSURANCE.. The following prrwisions relating to insuring the Property are a part of this Deed 61 Trust... Malulenance.of Insurance. Grantor shall procure and maintain policies of fire insurance with standard exfended 'Car replacement basis for the full Insurable value covering.ag Improvements verage andorsemeats on a ,• - coinsurance clause, and wit a stan on the Real Property in an amount suMacient to at'old application of any liability insurance in such dard mortgagee clause in favor of Lender. Grantor shall also coverage amounts and maintain comprehensive, .procure gensral . as Lender may requesiwith trustee and Lender being named as additional insureds in such liability insurance policies. Additioaaily; Grantor "Mali maintain such other Insurance, including but not limited to hazard, : insurance as Lender business intern-ption„and boiler may reasonably require. Policies shalt he writter. 'n form, smounts, coverages and basis reasonably acceptable to Lender and issued by a company or companies reasonably acceptable to Lender. a Grantor, upon request of under, Mil deliver to Lendw from lime to . . time the policies or certificates of insurance inform sallsfactoryto Lender, Including stipulations that overages will no: 2+e canceled or diminished without at least forty five (45) days' prior written.notica to mender. Each e t Insurance policy also shall. include. an snoorsement providing that cpverage In favor of Lender will not be impaired in any way by any act, omission or default of Grantor of any other person. Should Property at any tine bscorne located !n in designated t;a +- area the Real. by the Director of the Federal Emergency Management Agency as a special flood hazard area, Grantor ag,ew to obtain ant Tvilritafn Federal Flood Insurance to the extent su;h insurance is avalable, for the term of the loan ^q required by :.ender and Is or becomes is loss. and fc-;he full unpaid prindpal balance of the loan, or the maximum:imil ut coverage that is ay.+ilable , ,< rtryichevar Appticaliomof Proceeds, Grantor shall Frompfly notify Lender of any loss or damage. to the Pro tails to rid within p.rty. Lender Rtay make proof of. Lass it Granter days of the casually. Whether ir.not Lender's security the d Irsur.(15) is unpaired; LenDsr may, et as erection, receive and retain proceeds of any Insurance. and apply the proceeds to the reduction of iha Indebtedness, restoration grid repair of the Property. it Lender elects to apply the proceeds to restoration and repay Granment tlor y iieriAffectingProperty, or. destroyed Improvements n �rneghe r repair a manner setisfac!ory 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 an default under this Deed. of Trust. An have not bean dsbursed within iso days after their e y proceeds whk h receipt and which Lender has not cam!rti red to the r r.a bethe used first to pay any amount owlne't0 Lander under this Deed of Trust, then to pay accrued Interest, and t`te to restoration any bola Ica of the Indebtedness.. be remainder. any, applied) Grantor as to Grantor as Grantor's interests may appear, If Lender holds any proceeds after payment in full of the indebiodness• such proceeds shall be pe.'d r ' Unexpired Insurance at Saie.. Any unexpired insurance shelf inure to the benefit of; and pass to, the purchaser of the ?ro Dead of Trust at any trustee's sate or other sale held under the provisions of this Deed Party savored by this Trust, at { of or any torecicsure safe of such Property. C istil 's Report on Insurance.. Upon request of Lender, however not more than once a year. G,anlor shall furnish to Lender a repo t exisgng policy of insurance showing: (a) the name of the insurer; (b) the then risks Insured; an each cutrent replacement value of such roanner ( that al the "count of the polity; (d) the prop rty, Insured, the+ shall, upon request of Lender, have Independent arid l in appraiser satlsfact ry to Lender determine the cue; ash unite retpfacn dais of the policy. Grantor E\PFNDrrURES BY LENDER, If Grantor fails to corn I with an emenl cost: of fhe property, Py �� K~ wank! materially affect Lender's interests in the Pro y provision of Dead of Tnist, or ff array actors or proceed!ng is. commenced that not deems appropriate. of amount that Londe., expands In cd Lender, WdiCbeaf� by ark mayrequired to,.take any to eucharged ; Lender to the date of re a t action that Lender tnder the Note from the data Incurred or paid' I Note and be apportionedP ymenr by Grantor• Ant such e:tpPnsrts, •at Lender's option, will (A)'be payable ti n demand, and be.palati!e insurance oli )threarna;9 it) be ado tp'.tne bNartce of tvifh any Installment payments to become dui during either ;i) the term art • a policy or (it) the remaining term pl tha.riote, or. (c) be treated as a balloon payment vrhictt will be due Th,e DCY3aj OF Trust afro wilt secure ± Ppircable Ppymenl of these anocaole. and Payable at thu tarry amounts. The nghis Provided 'air en this -paragraph shalt be in adaition to any other right's or any barrpriLin s r which Lender may be entitled on account ct the defauh Any such Ostia by Lander. shag not be construe. tray Linder from any rema+ly ttra' it otherwise wourd.69ve had. t: _ as budng,the cafe;, t so e'. to WARRANTY- I?aF?iNSE OP TITLE The fof oatnn r v3lons.relrtrng [o ownership PAe cif of the Property pro a Title Grantor warrants that p r'ty part of this ,czd of Trost holds'gaad and e t forth m tketal�Ee Utle o(r ord 10 the 3i 7eriv In fee simple..Y.ee and cte u ai alit f e u v mbranres other than th6$a eel fa th rn tl'a Peal Frcparty doscf- lion or lit an t titre Y insurance po,icy, true report, ran tna, ire olrraen issued i*03 n h '� , � a, .rv..ic.....,.ax'7�a,:,..,� °.. "i�+�'tP .� . R:fd'�ai7.....C:e .�e _, ,,_ '.?��'r.. t.S i�'ae, .�•..a ,. ,.,.� v51'!'*,'�iGrr't��a•E�^�?'rl"u*Yr. �sim�;nr..,...,_` E�ri 1�000 09 DEED OF IRUST Page 4 (Continued) lacor of, and accepted by, Lender in connection with INS Deed of Trust, and (b) Grflntor has the full right, power, and authority to. execute and deliver this Deed of Trust to Lender. . Defemr at'ritle. Subject to tho exception in the paragraph above, Grantor warrants And will forever defend the tide to the Property against the lawful claims of of persons. in the event any action or proceeding is commenced that tluestions'Grantor's 1111,a or the interest of Trustee or I..ender under inis Deed of Trust. Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender shalt be entitled to participate in the proceeding and to be represented tn. the proceeding by counsel of Lender's own choice, and Granter WA deliver, or cause to be.. delivered, to lender such instruments as Lender may request from time to time to permit such participation. " Campliance With Lnes.. Grantor, warrants that the Properly and .Grantor's use of the Property compiles with all existing applicable laws, " ordinances, and regulations ot.governmental authorities, CONMEAtNAT1ON. 7ho lollowing provisions relating to condemnation proceedings are a parl of this. Ceed of Trust Ap plicallun of NO Pro.aeds. It all or any pan of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation, Lender may a: its elecfen require that all or any portion of the net proceeds of the award be applied to the Indebtedness erty or the repair or restotalion of the Prop. The not proceeds of the.award shall mean the award after payment of all reasonable costs, expenses, and onorneye' loos incurred by Trusters or Lender kt connection with the condomnation. Procmdingx. i'.aAy ptoceeding,ki condemnation is filo.i, Grantor shall promptly notily Lander in writing, and Grantor shall promptly take such slops as may bo.nocessary to defend the action and obiuin the award. Grantor may be the nominal party in such proceeding, but Lendor shall be entitled to participate in Ina proceeding and to be represented in the proceeding by counsel of Its own choice, and Grantor will deliver or cause to be delivered to Lander such instruments as may be requested by It from time to time to permit such participation. fAll'OS[TiOti OF'r,IXFS,_ ICES AND C1fARGi S $Y GOYERNAiENTAL AUTIIORITiES. The lollowing provisions refacing to governmental taxes, fees and charges are a part of this UeO of Trust: Current Taxes. Fern urxl"Charles. Upon request by L^ndor, Grantor shall execute such documents in addition to INS Deed of Trust and take whatever other action is requested by Lender to perfect and continue Lender's men on the Real Property. Grantor shot reimburse Lender for all taxes, as doscribod Wow, together wOh all expenses Incurred In recordng, perfecting or continuing this De.*i of Trust, including without fimitaiion. all faxes, Leos, docurnenlary stamps, and otter charges for r26ording or rogistering this Deed of Trust. " Talcs. The following shall constitute faxes to which this section applies: (a) a specific tax upon.lNs type of Deed of Trust or upon Pill or any part of the Indebtodrxtss secured, by this Deed of Trust;. (b) a specific 10 on Grantor which Grantor is authorized or raquired to deduct from payments on tl•,i Indebtedness secured by this type of peed of Trust; (c) a tax on this type of Deed of Trust chargeable against the. Lender or the holder of the Note; and (d) a specdic tax on lilt or any portion of the Indebtedness or on payments of principal and iolerest made by Grantor. ubsetpient Trtxes.. if any tax to which this section apnties is en actad subsequent to the dite of this Deed of Trust, this event shall have the saris enecfas.an Event of Default (as defined below), ancf Lender may exercise any ot. all of its sivailable'ramedies for an Event of Default as provided batow unless Grantor. either. (a) pays, the tad before it becomes delinquent, or (b) contests the tax as provided above in. the Taxes at, . ins section and deposits. wilts Lander cash".pr a sufficient corporate surety bond or other security satisfactory to Lender: SECURITY AGREF.A[FN'r; MANCING STATEAtB M The following provisions relating to this Dead of Trust as a"security agreement are a part of " this Dead of Trust.. .Security Aareelnent, This instrument shag constitute a security agreement :o the extent any.of the Prop:-rty constitutes fixtures or ctherpersonal . property, and Lendor shall have all of the rlgh's of a secured party under the Uniform Commercial Code as amended.froin Gmeto time. Security itilereq . Upon request by Londer,.Grantor shall execute financing statements wad take whatever othot action is requested by Lender to perfect and continue Lender's security interest in Zhu Rents and Personal Property. In adoition to recording this Deed of Trust in the real property records, Lonoor may, at any time and without further authorization frorn Grantor, fife 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 conlitwing this security interest. Upor" delautl, Grantor shall assemble the Personal 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.Lander. Addressee. The mailing .addresses of Grantor (debtor) and Lender (secured party), from ,vhIch information concerning the security interest granted by this Deed of Trust may be obtained (each as required by the Uniform Commercial Cade), are as stated on the first page of this Deed o! Trust FCIVI'lIER A.a,SURANCES;. A170%Sa3Y-iN-FACT. The following provi re to further assurences and_ attorney -in -tact are"apart of thEs "Geed of Trust,. . Further Amanutecs. At any time, and from time to time, upon ,r•auest of Lender, Grantor will make; execute and deliver, or will cai.:te to be mado, cxecuttid or detivorad, to Lender.orto Lender's dr:signeo; and whoa requested by Lender. cause to be fled, recorded, rFfired, or rerecorded' Ole ,e case may be, at such Grtnas and in such otlices and places as Lender may deem appropriate, any and all such rmI' ,egos, deeds of trust, sucurity, deeds, security agreements, tinancln6 statements, continuation statements, instruments of further assurance, certirt...lea, 'and obior documents as may,, in the solo opinion of'Legder be necessary or desirable In order to effoctuate, complete, perfect, continue, or procerve. (a) the obligations of Grantor under the Nola, this Deer1 of Trust, and the Related Documents, and (b) the fens and security, interests created by this, Deed at Trust as first and prior Ilens on the Properly; whether now owned or hereafle. acquired by Granter. Unless prohibiter by Jaw or agimd to the contrary by Lender in writing, Grantor shall. reiinixrtso Lenoir for all costs and expenses incurred in connection with the malto!s rcrarrod to in this paragraph. A.tlornc Gr-Ise t. If Grantor fails to "do any of the things referred" to In the preceding paragraph," Lendef may do so for and in the name of Grantor and at, Gwrilor's expert e- For such purposes, Grantor hereby Irrevocably appoin!s Lender as Grantor's attorney -in -tact for the purpose Of . Making, exucuting,, delivering, filing,' recording, and doing all other things as may be necessary or, desirable, "in Lender's sole opinic to. accgrnpliari the roatterp reforred to in the preceding paragraph,. 1`111, PEItVMOIANCF:.. If Grantor pays an Ire tndeblednc-m whon .duo; an.! otherwise performs all the abfig"ations impused" upon Grantor under this Coed, of Tnt51, Leader 19,719 executo and deliver to Trustee a request for full Yeconvoyance and snail execute and deliver to. Grantor suitable statements . of ftuhrcnnhuu of lUty firianr:ing Waterrront on fie evidencing Lender's stxcurfly ir,": cost In.the Rents and the Personal Property. A_[ry'reconveyance tee n;gr6rGd b'y ]ON !ihag bo paid by Grantor; it perminnd by applicable law. t.T a h'%,t.lY.e tol'avnnq at ere o'pt on of tender, shaft cor>,Iituro an event of default ("Event of Default) under this Deed of Trust 7lriault en fxdrIA060s, failure of Grarftr to make, any payment when due On. the Indebtedness.::" uef;uilr ins (inner Pt�rnerite. Failure 01 Grantor within the lime requited by INS Daed of Trust to make ariy'payrwrtlt fortaxes.or insurance, or any othro p'ayiner,ii ,rssary to.previm! Jring of or to affect dischargo.of any lien, " DEED OF TRUST 1999000510 Fags S (ColiQinned) Compliance Dcrault, Fadure to comply with any other term, oblige?ion, covenant or condition contained in this Deed of Trust, the Note or in any of the Related Documents. False Statements. Any warranty, representation or statement made or tt77'shed 10 Lender by or on behalf of Grantor under this Oced of Trust, the No:^ or the Related Documents Is false or misleading in any maleriai respect, either now or althe time made or furnished. Death or Insolvency. The death of Grantor or the dissolution or terminabl of Granter's exiahence as a going business, the insolvency of Grantor, the appainlr,:cnt of a receive,, 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 taws by or against Grantor. Foreclosure, Forfeiture, etc. Commencement of loreciosufe or forfeiture proceedings, whether by judicial proceeding, sett -help, repossession or any other method; by any creditor of Grantor or by any governmental agency against any of the Property, However, this subsection shall not apply in the event of a good faith dispute by Grantor as to the validity or reasonableness of the claim which is the basis at the foreclosure or ierefeiture proceeding, provided that Grantor gives Lender written notice of such claim and furnishes reserves or a surety bond for the claim satisfactory to Lender. Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between C•a,rtor and Lender that is net remedied within any grace period provided therein, incr.rfing without limitation any agreement oumceming any indented: ass or oth f obligation of Grantor to Lender, whether existing now or later. Events Aftecting Guarantor. Any of the preceding ever! -occurs with respect to any Guarantor of Any of the Ir. ,ebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validh; of, or liability under, any Guaranty of the Indebtedness. A&erse Change. A material adveioe change occurs in Grantor's financial ccnditfee, or Lander believes the piospact of payment or performance 1 of the Indebtedness is impaired. insecurity. Lender in good faith terms itself, insecure. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event at Default and at any time therearsr, art✓.ee or Larder, at its option, may exercise any one or more of the following rigMs and remedies, in addition to any wher fights or rornedEes proviL :rn Ley I^w; Nutica of Default: In the event of default, Lender shall execute or cause the Trustee to execute a wriUnn o,)tice of such- default and of Lender's election to cause the Property to be sold 10 Misty the Indebtedness, and shall cause such notice to h> recorded in the •affce of the recorder of each county whereln the Real Property, or any part thereof, is situated, Accelerate Indebtedness. Lender shall have the right at its option to declare the entire indebtedness immediately due and payable, inducting any prepayment penalty which Grantor would be required to pay. Foreclosure. With respect to aii 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 >,y 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 party under the. Uniform Commercial Code. Collect Rents. Lender shall have the right, without notice to Granter, to take possession of and manage the Prop", and collect the Rents, including amounts past this and unpaid, and apply the net proceeds; over and above Lender's costs, against the indebtedness. in furtherance of this rigni, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. if it . Rents are. collected by Lender, thin Grantor irrevorabty desigrates Lender as Grantor's aftomey-in-fact to endorse Instruments received in payment thereat in the name of Grantor and in negrtiate the same and ccilect ti,e proceeds. Payments by tenants or other users to Lender in response to Lender's demand shelf satisfy the abifgations for which the payments are made, whether or nat any proper grounds for the demand existed. Lender pray 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 eppolnted t0 take possession of all or any part of the. Property, with the power to protect and preserve the Property, to operate the aroperty preceding foreclosure or sale, and to cullect the Rents from the Property and apply the proceeds, over and above the cost 01 the receivership, against the Indebtedness. The receiver may ;erve without bond it permitted by law, Lender's right 'o 0,e appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indeutedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver. Tenancy at Sufferance. if Grantor remains fr possession of the Property after the. Property is sold as provided above or Lender otherwise becomes entitled it, possession of the Property odor, default of Grantor, Grantor shall become a tenant at sufferance of Lender cr the purchaser of the Property and shall, at Lender's option, either (a) pay a reasonable rental for the use of the Property, or (b; vacate the Property immediately upon the demand o1 Lender, 011,cr Remedies. Trustee or Lender shall have any other right or remedy provided in This Geed of Trust or the Note or by law, Nolice of Satz, Lander shaft give Grantor reasonable rotfco of. the time and place of any public safe of the Personal Property or of the lime after which any private sale or other intended disposition of the Personal Property is to be made. Roasonablo notice shall mean notice given at least tan (10) days before lie lima -f the safe or disposition. Any cafe of Personal Property may be made In conjunction with ony sale of the prat Property. Sale of the Property, To the extent permitted by applicabio law, Grantor her aby waives any and all rights to have the Proi marshalled. In exercising its rights and remediesy the Trustee or Lender shalt be iron to sell ill or any part of the Property together or separately, in one sata or by separate sates. Lenije: shaft be entitled to bid at any public saloon all or any portlon of the Property. Noti:q of sale having been. given as than required by law, and rot less than the Vms required by law having elapsed, Trustee, without demand on G; antor, shall sell the property at the limo and place fixed, by it in th9 notice of sale. at public ruction to the highest bidder for cash it lawful money of the t)rlled States, payable at time of solo. Trustee ehall deliver to the purchaser his or bar dead convoying the Property su 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 deductirg all coals, toes nd oxperrses of Trustee and of Ihio Trust, including cost of evidence of title and reasonable attorneys' foes, Including those in connection with the sale, Tiucleo shell apply proceeds of safe 10 payment of (a) all sums expanded under this Deed of Trust, not then repaid with tr,tereatihrroon as provided In this Deed of Tivat; (b) all fndebtedness secured h0roby; find (c) the remelnoer, if any, to ;he person or pot_ions Igally [untitled thereto, Waiver; Fiecifon or Renicditi. A waiverby any party irf n bra, rh of a provision of this Uced of Trust alialt it-)[ consrituto a viaiver of or prejudice rho party's rights otherwise to demand strict romoliahco with that provis,on or any. othor prlvlslorl, Elnction by Lander to pursue tiny remedy. provided in this Deed of Trust, trio Note, in any Refilled Document, or provided by low shall riot exclude pursuit of any other ramed__y,,, and an c action to make expenditures or io tali action to prrforrri an obIgntion of Grantor under this Deed of Tnist after failure or Grar.107 top rf m shall / not affect Lfprider's right to declare a default and to exorcise any of its romadieu. 4 Aitorruax Fro;; Expcn4+. if Lendr±r iralilutrs arty surf. or action to enforce 'arty of .the. i,:rms'pf this Derd pl Trust, Linde( sr:ati Tie entitled t0- 'w - 04/28/99 08:57 DEED OF TRUST Vj.iJ 005ii Pai,e 5 (Continued) recover such sum as the court may adjudge reasonable as attorneys' tees at Vial and on any appeal. Whether or not any court lved, minterest the action is invo all reasonable expenses incurred by Lender which in lender's opinion are necessary at arty time for the protection enforcement of Its rights shall become a part of the Indebfedn.:ss payable on dem and and shall bear interest at the Note rate from the dale of expenditure until repaid, Expenses covered by this pwagrapject to any limits under applicable law, Lender's reasonable attorneys' fees whether or not there is ah include, without limitation, however sub lawsuit, including reasonable attorneys' fees !or bankruptcy proceedings (including efforts to Multi or vacate any autorratic stay or injunction,, appeeia and any anticipated post -judgment collection services,the cost of searching records, obtaining tide reports (including foreclosure reports), surveyors' reports, appraisal fees, We insurance, and fees for the Trustee, to the extent permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by law. Rights of Trustee. Trustee shall have all of the rights and dutias of Lender as set fonh in this section POWERS AND OBLIGATIONS OF TRUSTEE, The frliowing provisions relating to the pawefc and oblfga�ons of Trustee are p.-I of this Deed of Trust. Powers or 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 io the Property upon the written request of Lender and Grantor (a) join in preparing and fling a map or plat of the Real Property, including the dedication of streets of other rights to the public; (b; join in granting any easement or creating any restriction or ,he Real Property; and (c) join in any subordination or outer agreement affecting this Deed of Trust or the interest of Lender under this Deed of Trust. Obdgatfons to Notify. Trustee shall net be obligated to notity any other party of a pending sale under any other trust deed or lien, of of any action or proceeding in which Grantor. Lender, or Trustee shall be a party, unless tie action or proceeding is brought by Trustee. Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. in addition to the rights and remedies set forth above, with respect 16 all or any part of thu 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 ease In accordance with and to the full extent provided by applicable law. Successor Trustee. Lender, of Lender's option, may from time to time appoint a successor Trustee to any Trustee appointed hereunder by an instrument executed and a6(nowledged by Lender and recorded in the office of the recorder of MERIDIAN County, Idaho. The instrument shall contain, in addition to all other matters required by stale law, the names of the Ono inai Lender, Trustee, and Grantor, the book end page where. this Deed of Trust is recorded, and t is name and address of the successor trustee, and the Lender, Trustee, shad G executed and acknowledged re Lender or its successors in interest. Tito successor trustee, by 'without conveyance of the Property, shall succeed to all the title, power, and duties conferred upon the Trustee ir, this Deed of Trust and by tppficable law. This procadure for substitution of trustee shall govern to the exclusion of all other provisions for substitution. NOTICES'!'"? GRANTOR AND OTHER PARTIJSS, Any notice under this Deed of Trust shall be in writing, may be be sent by teetacslrrilie, and shall be efleelive when actually delivered, or when deposited with a nationally recognfzed overnight courier, or, if mailed, shall be deemed effective when beposited in the United States mail first class, registered mail, postage prepaid, directed to the addresses shown near the beginning of this Deed of Trrst,, Any party may change its address for notices under this Deed of Trust by giving formal written notice to the other parties, specifying that the purposeef the notice is to change the party's address, All copies of notices of f0r6cIO3 rfe from the holder of any lien which has prority over this Dead of Trust shall be sent to Lender's address, as shown near the beginning of this Deed of Trust. For notice purposes, Grant agrees to keep Lender and Tr W ! informed at all times of Grantor's current address. ADDITIONAL INSURANCE PROVISIO;Q. IF GRANTOR FAILS TO MAINTAIN ALL !NSURANCE REQUIRED FROM TIME TO TIME BY BENEFICIARY, INCLUDING FLOOD INSURANCE, BENEFICIARY MAY PAY THE PREMIUM ON BEHALF OF THE GRANTOR AND ANY SUMS EXPENDED SHALL BE ADDED TO PRiNCTALAND BEAR INTEREST AT THE RATE PROVIDED iN THE NOTE. SWAP TRANSACTIONS. The term 'Indebtedness," as previously defined, shall include all obligations of Grantor to Lender with regard to Swap Transactions. "Swap Trarsact`cns" shall mean any transaction governed by an ISDA (or its successor) Master Agreement do which both Grantor and Lender are parties, it tiiis instrument is referenced In such transaction as a credit support document. MISCELLANEOUS PROVISIONS_ The folowing miscellnneous provisions are a part of this Deed of Trust; Amendments. This Deed of Trust, together with any Related Documents, constitules the entire understanding and agreement of the parties as to the matters set forth in this Deed of Trust No alteration o` or amendment to this Coed of Trust shall be effective unless gIvan in writing and signed by tile party of -parties sought to be charged or bound by the alteration or amendment. Annual Reports, if the Property is used for purposes other than Granter's residence, Grantor shall furnish to Lender, upon.request, a cenilied statement of net operating Income re,;eived from the Property during Grantor's previous liscal year in such form and detail as Lender shall require. "Net operating fneorrte" !:hag mean bd cash receipts from the Proruny Jess all cash expenditures made In connection with the operation of the Prop". Applicable Law. M Deed of Tntet has been delivered to Lender and accepted by Lender in the Stale of Idaho. This Deed of Trust shall be governe ' by and construed in acr ordance with the laws of alte State of Idaho. Caption Headings, Caption headings in ibfa Coed of Trust are for corvenfence purposes orgy end are not to oa used to interpret or define the provisions of this Deed of Trubf, birth.Alerhold There shall be no merger L. at, 0 interest or estate creaied by this Dead of Trust with any other Interest or estate in the Property at airy ditto hold by or for the benefit of Lends- r tiny capacity, without the written consent of Lender. Aftilllple Partin. All obligations of Grantor undor this peed of Trust dha0 be joint end several, and all references to Grantor shall mean each and every Grantor. This means that each of the Borrowars signing belOW is respormble, for aU obligations In this Deed of Trust. : Severability, if a court of competent jurlsdledon finds any provision of this Deed of Trust to be Invafd or unenforceable as to any person or circumstance, sucl, finding shall not render that provision invalid or unenforceable as to any other persons or circumstances, If feasible, an; such offending provision shall be coemad to be modified to be within the tirnfts of enforceability or validity; however, If the offending provision cannot be so Modified, it shall be 2triekon and all other provisions cf this Deed of Trust �n all ether raspects shall remain valid and enforceable. Successors and Asrlgris, Subject to tho fiml ifttans slated ,,i, this Deed of Trust on tronsfEr of Grantor's interest, this Doed o! Tar>t shall be binding upon and Inure to the Wrieoboe f of Ihu prtniea, thofrsuexr_ . ru and assigns. If ?wncrshi of the is er than Grantor, V;ndrx, without notice 3•a. Getrfor, may deal with Grontor's successors with reference to Inis Dood of Trust and the Indebtedness by P Properly becomes vested in a person other v�ay a! lorbearanco or 3xtrnulcn wifhUut ralrr;auing Grantor front fho oblrgofiorrl of this Coud of Trust or liability under the indebtedness. rime Is of lire Faience. Time fo of the tosuni;e in llbo performance of tills Cn 1 oed 31 Trust. Waivers and Consents. tender that rK,i be :W mod 16 have v:r,ived any rghts uMer this Dead of Trust (or under the Related Dxuments} unloys ouch waive is in writing and s;gnf•i by Lender, of 4No delay or omfssfon on the part of Lender in f Trust (oing any under lrighshall operate as n waiver Of such right or env :Nhor rf il. any OVIS1 1 Of right otherrnso to c2mand ctrfctcamBence with trf't p,ovls'on or any tthar ov;Sion,Stshall No constitute a Lender,rof ono: r yrcloursa Gfe p rty's dealing • 04/28/99 08:59 FAX 375 09 DEED OF TRus•r 1999000512 Page 7 (Continued) between !_ender and Grantor, shalt constitute a waiver of any of Lender's rights or any of Grantor's obligations as 4o any future transactions. Whenever consent by Lender is required in this Dcod of Trust, the gtanting of such consent by Lender lu any imlanco shall not constitute continuing consent io subsequent instances where such consent is required. Waiver of Homestead Excm1AW". Grantor hereby releases and waives ail rights and benefits of the homestead exemption laws of the Slate of Idaho as to an Vndebtcdness secured by this Deed of Trust. EACH GRA1'rOR ACWSONVI-EDGES IIAVING READ ALL T:tE PRON•ISIONS OF THIS DEED OFTRVST, AN U EACH GRANTOR AGREES TO IT TER\IS. ceaN•rc;• 7 `. ` �` �`:�+r--'-` x' r _ i�:,,r��, ��✓r !� � �-�'�'�:N' � ' ` r�rr �, Ise; `r i fi,�n" Tliots;i� Tit MIAs '� LNDIVIDUAL ACKNOWLEDGMENT ���•`' t.... +� saaeesMe s �� S" KIT, OF -�- --i- fi i _) �4 0 ra �i e �^ )air COLST10(�� !! in the Car 19� before me r , nD tip) public On this rat' day of .._� .IILi t L_ ___._ Y z6-- VII C { L t �.t�ti oath o1 �- - -- f "-' arod TURD J THOMAS, kno vn or identified to rna (or prov rJQ 1 rglt► in and for the State of Idaho, personally appe _ J i to.be the person whose name is subscribed to the within instrumment an owledged to e oshe exocuted the n Ll~••..,-._:_ RccklirfE at � �IatSry Public for aho ' t �y �1} commission exI>(res _ �� - - `1�111111110" INDIVIDUAL ACKNOWLEDGMENT .' s. D� srxn OF Or On this day of t m iho year 19d7� before.me notat�i public in and of' Ilia 'State of fL"O"' personally appeared i.VNN E THOMAS, known or i entilied to me (or prove to me on the oath of to be the. person whose name is subscribed to the within instrument and acknowledged to me Ilya! iiA •sl:e Cxnl ut d ttf _ c• /� C✓LL _ _., Residing at `Not- u(Arc or fdaho . �1 cirntmissiun expires ..... �r__•_J�.�._—�___.--..;_...._.—..... -� REQUEST FOR FULL RECONVEYANCE (ro be used only when obligations have been paid in fulo To Trustee - Ti;e under:agued e, the Juq. al owner and holder of all Indohledn(--s secured by this Deed of Trust. All sums =ured by this Dead of Trust have been hilly paid and nalisfied. You ate hereby directed, upon poyment to you of any suns owing to you under the terms of tUs Deed of Trust or pursuant to anyapplirabte ,Iatul*, to concrrf the Note secured by this Dood of Trust (which is delivered to you together with this Deed of Tr"l),'and to reconvu/, wntquf vrarrortty, to the parties designated by the leravi of this Dead of Trust, the estate now held by you under this Deed of Trust. Please mail the -firiveyon-A and P.r;lalod Docurrrenis to: Uarr Ben¢tici-try: _ By: .:r ,t t' v , do r9ir.)"L•�.: i,n',e a•rcw cxc. nil pnis,.ce,+cd 110—Got Cf032rT111NGI-0VL)T- ADA COUNTY RECORDF' DAVID NAVARRO AMOUNT 3.00 ROISE IDAHO 06/05/06 vwd7 PM EPTY Gail Garrett �II II�I'II'll'I'II'III'I��'I'I'I RECORDED -REQUEST OF II'll First American 106089272 AFTER RECORDING MAIL TO: SMS FasTrax Reconveyance Tracking Service P.O. Box 509 Yakima, WA 98907 Order No.: (34719) FULL RECONVEYANCE The undersigned as trustee under that certain Deed of Trust, dated March 29, 1996, in which Thad J. Thomas and Lynn E. Thomas is grantor and BANK OF AMERICA NW, N.A., DBA, BANK OF AMERICA IDAHO, as beneficiary, recorded on April 1, 1996, as Auditor's File No. 96027024, (en records of Ada County, Idaho, having received from the beneficiary under said Deed of Trust a writ request to reconvey, reciting that the obligations secured by the Deed of Trust has been fully satisfied, does hereby reconvey, without warranty, to the person(s) entitled thereto all of the right, title and interest now held by said trustee in and to the property described in said Deed of Trust, situated in Ada County, Idaho, as follows: AS IN RECORDED DEED OF TRUST Dated:.* TRUSTEE: FIRST AMERICAN TITLE By:� d MONINE LOLE VICE PRESIDENT STATE OF Idaho ) COUNTY OF Ada )-ss On this `day of and for said County and pe� r— Sonalj is the year ;- before me, the undersigned, a Notary Public in TITLE, known to me or identified to me to be heared OeNplers nNE Owhosecname is d subscribed tothe within instrument, and being by me first duly sworn, declared that the statements therein are true, and acknowledged to me that she 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. No .PTI C. f �Ve e'tPR+r;'� Ji O7f5�14bE'a��A �i Et', 1. FSEC64k'!. A %:� . f ' DANETTE DANNA Notary Public in and for the State of Idaho Residing at: Boise MY appointment expires: June 30th, 2009 AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) COUNTY OF ADA ) I,Ly n nIhrMs , 4V E- rra n/4'/ kJ ) (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: Fr6L (name) (address) to submit the accompanying application(s) pertaining to that property. e-6 J;—AAJ,lb 2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. 3. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). `lj Dated thisday of AJov-, 120 v— (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. /1 (Notary lijblic for Idaho) '1 i /I My Commission Expires: 2 ISG IDAHO SURVEY GROUP 1450 East Watertower St. Suite 150 Meridian, Idaho 83642 Phone (208) 846-8570 Fax (208) 884-5399 I - LtoC -G February 2, 2007 Lot 18, Block 3 Meridian Business Park Lot 18, Block 3 of Meridian Business Park, located in the SE 1/4 of Section 7, T.3N., R.IE., B.M., Ada County, Idaho, as same is recorded in Book 70 of Plats at Page 7158, Ada County records, and a portion of E. Franklin Road, more particularly described as follows: BEGINNING at the Northeast corner of said Lot 18; Thence South 00031'04" West, 213.43 feet to a point on the South boundary of said Section 7; Thence along said South boundary South 89046'06" West, 174.11 feet; Thence North 00°31' 11" East, 214.79 feet to the Northwest corner of Lot 18; Thence South 89°47'03" East, 174.09 feet to the Point of Beginning. Containing 37,275 square feet, more or less. Prepared By: Idaho Survey Group, P.C. 4431 4P Z-Z o7 0 O �rF OF CRY D. Terry Peugh, PLS MERIDIAN PUBLIC W©RKS DEPI Professional Land Surveyors LvT is Bc.or'fA. 3 `- PROJECT : ce-Oa44.6- R,erdscr DESCRIPTION: Friday, February 02,2007 FILE: junk.cgx 1:32 PM UNITS: U.S. SURVEY FOOT PAGE 1 INSTRUMENT SETUP Instrument point: 2 668.4231 Backsi ht g point: 2 668.4231 501.5221 Backsight Bearing: 501.5221 N 00°0010011 E Distance: Remarks: 0.00 TYPE FROM TO DISTANCE NORTHING ---DIRECTION- -- EASTING INV 2 5 INV 5 6 ---------- S 00031'04" W 213.43 --------------- 455.2978 INV 6 3 S 8914610611 W 1. 4 454.978 499.5933 INV 3 N 00031111" E 214.79 669.0789 325.4850 2 S 89°47'03" E 174.09 668.4231 327.4333 501.5221 Closure Closing line: N 00°00'00" E Latitude (N): 0.00 0.00 from 2 to 2 Departure (E): 0.00 Perimeter: 776.42 Error of Closure: 1:7764197675 Area: 37274.67 Square feet 0.8557 Acres PRE APPLICATION MEETING NOTES Applicants): Ly nr% -ry, c Engineer/Architect/Planner: Staff Anna . DATE: 10 - Proposed Development: f-e�ZpA1:.. M9 C©uuP. D T Location: Coco E . �a ►-n K-1; n Rd. R 567 203099 2. Required Applications: CPA, K2. Existing Zoning. J.—t.. Proposed Zoning - Comprehensive Plan Designation: MdU'+v-ial Fo_ r Plats Property Size: Sewer. Water: Pressurized Irrigation: Street Buffers: _ Open Space & Micropa sthth Landscape Plan:__ Lot Size & Frontage: Topography: Hydrology: Street System: Pathway System: Other Aunlications ❑ Annexation _ �$ Rezone -l-o C- G El Conditional Use Permit Number of Units: —_ Dwelling Type: Variance Lot Line Adjustment Comprehensive Planar enchnent Application Checldist Review Other Agencies to el DN Additional Pre -application Conference; %--' Not recommended Recommended Anticipated Submission Date: Prior -h,—Required Dec.. 15-K ZooV Anticipated Planning & Zoning Date: Mid. Additional Notes: Sv6mit CPA . Or .},p c. I S The informationp7nvided during this meeting is based ug5on the Mrrent City ofMerldian .Subdivision Ordinance and aV mprehensive Plan and is valid or 3 f Zoning � licable Co changes to the Zoning or Subdivision Ordinance or Co i nthr Any subsegarerrt C r � D r `'`�% Ian d ufe� e1ccml5rehenslve Plan m ct oura��lication. a s " 1134rtt U park6'i 1 Thomas Family Real Estate Investments, L.L.C. Neighborhood Meeting Sunday, December 10, 2006 Sign In Sheet COMMITMENT OF PROPERTY POSTING Per Unified Development Code (UDC) 11-5A-5D, the applicant for all applications requiring a public hearing (except for a UDC text amendment, a Comprehensive Plan text amendment and/or vacations) shall post the subject property not less than ten (10) days prior to the hearing. The applicant shall post a copy of the public hearing notice of the application(s) on the property under consideration. The applicant shall submit proof of property posting in the form of a notarized statement and a photograph of the posting to the City no later than seven (7) days prior to the public hearing attesting to where and when the sign(s) were posted. Unless such Certificate is received by the required date, the hearing will be continued. The sign(s) shall be removed no later than three (3) days after the end of the public hearing for which the sign(s) had been posted. I am aware of the above requirements and will comply with the posting requirements as stated in UDC 11-5A-5. agent signature JN Date RADIUS NOTICE REPORT FILE NAME: 600 08-Feb-2007 Owners Owner Address ASBELL DONALD R 1074 W TWO RIVERS LN ASBELL ANNETTE C EAGLE, ID 83616-0000 Property Address: 600 ASBELL DONALD R 1074 W TWO RIVERS LN ASBELL ANNETTE C EAGLE, ID 83616-0000 Property Address: 600 ASBELL DONALD R 1074 W TWO RIVERS LN ASBELL ANNETTE C EAGLE, ID 83616-0000 Property Address: 600 DELSMAN JOHN W & ROLLENE TRUST 1244 W HEMPSTEAD DR DELSMAN JOHN W TRUSTEE EAGLE, ID 83616-0000 Property Address: 600 DELSMAN JOHN W & ROLLENE TRUST 1244 W HEMPSTEAD DR DELSMAN ROLLENE TRUSTEE EAGLE, ID 83616-0000 Property Address: 600 FRANKLIN STRATFORD INVESTMENTS LLC 8585 E HARTFORD DR 500 SCOTTSDALE, AZ 85255-0000 Property Address: 600 HOUFBURG HOLLAND L 685 N LINDER RD HOUFBURG DEBRA L EAGLE, ID 83616-4423 Property Address: 600 MERIDIAN CEMETERY MAINT DIST 2658 E JULIET DR MERIDIAN, ID 83642-0000 Property Address: 600 MERIDIAN CEMETERY MAINT DIST 2658 E JULIET DR MERIDIAN, ID 83642-0000 Property Address: 600 I - O"l ners - O« ner Address MERIDIAN CEMETERY MAINT DIST - 2658 E JULIET DR MERIDIAN, ID 83642-0000 Property Address: 600 MERIDIAN CITY 33 E IDAHO AVE MERIDIAN, ID 83642-2631 Property Address: 600 MITCHELL ENTERPRISES INC PO BOX 590 MERIDIAN, ID 83680-0590 Property Address: 600 PALMER TROY L PALMER TAWNEE A 655 E KING ST MERIDIAN, ID 83642-0000 Property Address: 600 THOMAS FAMILY REAL ESTATE INVESTME 640 E FRANKLIN RD MERIDIAN, ID 83642-0000 Property Address: 600 THOMAS FAMILY REAL ESTATE INVESTME 640 E FRANKLIN RD MERIDIAN, ID 83642-0000 Property Address: 600 THOMAS FAMILY REAL ESTATE INVESTME 640 E FRANKLIN RD MERIDIAN, ID 83642-0000 Property Address: 600 THOMAS FAMILY REAL, ESTATE INVESTME 640 E FRANKLIN RD MERIDIAN, ID 83642-0000 Property Address: 600 THOMAS FAMILY REAL ESTATE INVESTME 640 E FRANKLIN RD MERIDIAN, ID 83642-0000 Property Address: THOMAS FAMILY REAL ESTATE INVESTME 600 640 E FRANKLIN RD MERIDIAN, ID 83642-0000 Property Address: 600 2