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CITY 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: ❑X Transmittals to agencies and others: RZ 07-002 853-2463 February 8, 2007 Hearing Date: April 5, 2007 February 27, 2007 ❑X Notice to newspaper with publish dates: 19-Mar-07 and 2-Apr-07 ❑ Certifieds to property owners: IV 6- lCee.5 3 - q —DI m �- ❑ Planning and Zoning CommissionRecommendation: Approve 0 Deny Notes: 04a-&rl�I W 'I-/q-o7 City Council Level: ❑ Transmittals to agencies and others: ❑ Notice to newspaper with publish dates ❑ Certifieds to property owners: Hearing Date: �5--/ S _ 0 7 f J3 and 5 ❑ City Council Action: Approve ElDeny ❑ Findings / Conclusions / Order receive from attorney on: Findings / Conclusions / Order: Approved by Council: lD t dCopies Disbursed: LO - Findings Recorded n Development Agreement: Sent for signatures: Signed by all parties: Approved by Council: Recorded: Copies Disbursed: Ordinance No. C1-13Q1 ,Approved by Council: _01 Resolution No. Recorded: Deadline: 10 days 1 Published in newspaper: Copies Disbursed: 2 Notes: / /- V IS-M -0-7 R.0,11prls: Cnginal Res / Copy Cert Minuleb!ok Copy Pes, Copy C'M Qy Clark City Enpineer Ciy Planner Qty At.mey S.rtinp Codfiers Project He Deputy Clerk Copy Res f Ong al Can Ad. Coony (CPAs) Ayplicant(non-CPAs) R—aad OrdnancK. Onginal. Minu.book Copies.. Ciy Clerk S.. Tax Comm. Stare T—rer, Audmr, Assessor SRrkng Codfiers CiyAlroma, Ciy Engineer Ciy Planner Protect Ale Applicant(it apl" ) Dapuy Clerk Flndnps / Orders: Aip,,,I Minutabook Capias to Ppplica�t Project hle Ciy Engineer Ciy Planner Ciy At.mey Depuy Clerk " Record Vacation Findnps " R—raled Development Ayreemenh: Cngmal. Fireproof He Cap— Applicant Project file Qy Engineer Ciy Planner Ciy Anomey Depuy Crerk p CITY OF V, C�Wcrl�l�.n TRANSMITTALS TO AGENCIES FOR COMMENTS ON IDnHo 1, DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN � _,f °/6r Tite,sist V .�us - To insure that your comments and recommendations will be considered by SINCE 1903 the Meridian Planning and Zoning Commission please submit your t sas MAYOR 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 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 for the 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 Servlces(No VAR, VAC, FP) Building Department / Rich Greene Fire Department Police Department City Attorney City Engineer City Planner Parks Department Economic D ev. (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 HALL 33 EAST IDAHo AVENUE MERIDIAN, IDAHo 83642 (208) 888-4433 CITY CLERK -FAX 888-4218 FINANCE & UTILITY BILLING -FAX 887-4813 MAYOR'S OFFICE- FAX 884-8119 Printed on recycled paper 1 n.,$'� ,' � ✓�Lf%� Planning Department COMMISSION & COUNCIL REVIEW APPLICATION Type of Review Requested (check all that apply) ❑ Alternative Compliance ❑ Annexation and Zoning )(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 �Q Rezone ❑ Time Extension (Commission or Council) ❑ UDC Text Amendment ❑ Vacation (Council) ❑ Variance ❑ Other Information Applicant name: _ Applicant address: File number(s): R -0-1-007-, CPA-07- 09 Project name: Th*v"OU COV"prekensivC PIl Date filed: 12.-14-C Date complete: 1 Assigned Planner: S5! qm . W&+-itrS Related files: Hearing date: D�Commission ❑ Council' Phone: 0')JA0 Zip: 936 /�2- Applicant's interest in property: -11 1 Own ❑ Rent �❑ Optioneed ❑ Other Owner name: I H0(1� F1 rA 011 L �L A*L-_ EA�Phone: 5 0 Owner address: 10 � - P: IRAN 1;L'IAI �U %, Zip: &47e Agent name (e.g., architect, engineer, developer, represe tive): Ly h l I6 I V Firm name: ��-5 nru i �E+� Phone: ,5p'� 3 Address: to 1 r i >� L 1 A) Zip: t-lfO 7. Primary contact is: ❑ Applicant V Owner ❑ Agent ❑ Other Contact name: Phone: E-mail: Fax Information Location/street address: Assessor's parcel number(s): P\ �D / l U Z? U `I `i Township, range, section: 3 AJ [ E IN Total acreage: • 1CZ Current land use: V A C A Ai'T Current zoning district: T—L 660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 1 Amnd rw ect Project/subdivision name: OUV C General descri tion of proposed project/request: n.l.- T'n0 Ahnl.C:5/rP7JAA I Proposed zoning district(s): L., le ``— g Acres of each zone proposed: v lA 2—U Type of use proposed (check all that apply): ❑ Residential XCommercial X 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) 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: Other lots: 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 namll � Applicant signqh Date: t! 60 E. Watertower Lane, Suite 202 Meridian, Idaho 83642 84-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 2 (Rev. 9121106) nomas family new Estate Investments, r.r.r. Goo E. tranklin 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-O (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. �i homas Managing Partner Thomas Family Real Estate Investments, L.L.C. REVI p9OVAL BY — uU y M WIC WORKS DEPT• S 89°47'03" E 174.09' I , I , I I I , I , N I � 1oo O � Lli ,0 0 1"=40' I , z I oLn , cn a LOT LINE I -- Y - -- _VSSa -- -- -- --- -5 SUBDIVISION o BOUNDARY o LINE 1 /4 S' 7 129.08' S 89'46' 06"- W 174.11 ' • S.18 N 89'46'06" E 303.19' E. FRANKLIN RD. LEGEND - - - - - REZONE BOUNDARY - - - - SUBDIVISION BOUNDARY LINE ��- LOT LINE `� �i 4rF OF •" - IDAHO DAHO1450 E. WATERTOWER ST SURVEYMEIRIDIAN, IDAHO 83642 (206i846-8570 GROUP, P.C. MERIDIAN CITY REZONE EXHIBIT JOB NO. I—L TO C—G 00-000 SHEET NO. LOT 18, BLOCK 3, MERIDIAN BUSINESS PARK SUB., LOCATED 1 OF 1 IN A PORTION OF THE SE 1/4 OF SECTION 7, T.3N., R.1E., DWG. DATE B.M., ADA COUNTY, IDAHO 02-07-07 :1 t o 100. zo 100.00 100.0 204.08 i o+ nen# 0 922 0 19 Cn 0 N S 89'47' 03" E S 174.09 w �. o w r� e- M 00 • 0 a6 � o � o � z r 1 v; w w E x 0 0 w�\ w P I 0 0 5' z z 174.11130.00,00-04 N 8 Numerical Subdivision Plats - Bk70 Pg7158 MERIDIAN BUSINESS PARK Asr# 567203, Scale: 1 inch = 0.39 Inches W q .9 b 0 0 x rk 700 E. Franklin Office Building 700 E. Franklin Road Meridian, Idaho A3. — Patrick MCHeegan Architects P 46% o.al.na lob - Sdh 274 - %i,e JAJu 03705 - (201) 41"T Fu (208) 4u-86" PROJWT: EOB092 DATE: B/dB ddALE: RowR DRAWN: Me uw M. REVIE00W x*©...e¢x xaao.x ucwrza. oa.rix Il J I Y F d � 0 A m IN 0 m rl r cAm Vet M 9II :4 �A3 1 — Patrick MCHeegan Architects 4696 Overlord nn.d - s.ne 274 - M,l lWn 83705 Rep ( ))424-MOO Fa (209) a20-6669„ PROJetlT� zo9osz DATE: 6/oe 9aAIE: /� �towH oRA1fN. Ye/YM/mu REV19on: 171 Nwd a! I� M 0 z `I% a CA 0 [U 4 - 99 A� Patrick MCKeegan ^Architects is 4696 Orc[Irod Caad - Sd[e 27d - Bola, Idmia OM - (M d2+ Fu (209) did-d60f PROJL(T. EOBUSL DATE:E a/OB BOAIE. BNO1rN DRAW Yc/YW/mo NEVIBION. nox[i2`r.nR✓. xcn[[wx .rc.x•m or.nxESZQ1 FPrAI' ["�mmT kRl:lel /u53i5�[ @ t[CAIttC'I (I e--r CD CD C+ A i . `' i . THOIV AS'-FAMI4Y R. T. L, -4.4. C: 640 ,E. FR4ArK4IN RD. MERIDL N, 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: Neighborhood 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. S ^ C/L N. V' 'N ROAD BD11N'E SECOND ADDITION DED / N 065 252• E : } m �s AMEN : s� ' # I Z _ N 00'31'11' E 991.11 4 4 _ „a.oz — Z.9e va.v .00 I g 3: gg r a Nls a9' IIS ` IIS II i / K � � "sl IIa IIa II$ � ICI J����"" aI�4 � � =a•� s-q`�''i= ra i-s N I-s " c Er_ � ^ i 1� 1s^fi3 •� -g�9 � a trier_ - R0.00 ta.w .•S � 5 gL 9 S[ eS _ ' _ _ (h�ca_GB[ 6T9. 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BAEIC ,PLAO6,0'71'04"SW 777�27 21S iyg n 1 J I \�o AA U1 9 N 00'3104 E 804.32 " — 0 — — — — J• Z o m i`t, ta.w o4 us.a /6 s Y pI z 0 x N Isi1 �s z" za ti . ZyZ � to 0 CZN T OL a D 0 m F% O Z ti Z 5 00'71 04 W 656.34 6LJ 9 Z £: fN.1 D 0 •n UNPIATfED •g ?ZO +3 Mu sa\, I iwssY g�' IIL�FF'$s IF s rie9 F �•s2 rR eazs:: a i�g±e 3 •$.�g it Pt I lit Ff fF}F�S ��je� � F` � � � s Y � � �• f e F;+ A•23 F 1 2 u Fd iY� Ili;��} }j• } � Fsc'ti F F C 2 r I x }yy S "•' STATE OF IDAHO) I 3 „ R S Fplyy,al Aft 1 - e - ideAN B VD T� VNv •g � xgl- is= c5�� 3g_ gaIF it IR e O ad3 it RE 21 �m So per- iZ � i3m Tox. rYe Bs 3�8. s eq[ �9:•- ro a R a � q •� � � F DRAWING NO. 930701-1 '-0 .mm ;pe A s �Pe 2.1 o S egm szp 0 9�n ^^e 0 s 1 o In Vc -9 A i STATE OF IDAHO) 1 R; A CrJ C7 a z ^'.'atlrrygi Aft 1 d.�--` /91Y •' :+1n16�0oy of,� mfty— ?Mberore m,o.m,ywbkj—far soil in the yea. before me, aml�ry glole, ry appeaW Roger Z. d ColMine M 9own, known or i0enbliW p me�b be oyym lky ennit anO Janel �utlerliel0, bnorjhori .�T • rA-pzyi„n riroienames ore wMuibeE lolnewtlin islrunenl as w yustCi mE Acknowkt9e a whole names ae subscribeE to the withnnFFirkl[umenr b,ne � jNO 1 the some os such w-husfees. y wlhal M+Y We0 Kx• some of uxh Iruslwe! y;l U i{I ResO � 4 /Fep. %-yo-1�i•_ ..."E�#- 47�YulZd•5.>t.. 9�ie-f1 CrJ idn9 ar Commsaxm Expire¢. �� �. Nesitinq al Cammi>tion Expires (/) 2 gym (� = � � s� � -III,-D 3„ A 30 9�1 a < e � me Tl sD K" D D -C14 -•aeD x �O i }9°00 a m o$c Pm S:a-A ,z.3{ xZ �-Z -� �0 ;.A •e X Nq er `A se e m € eg �-o N 3 T w e i 3 t*1 S Fps u3 fl, • ^. ^ F l- n Hearing Date: April 5, 2007 File No.: CPA-07-001 Project Name: Thomas Comprehensive Plan Amendment RECEIVED FEB Q 8 2007 City Of - leridian 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.IE. 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 approv( following: Ytl ' Title file No.! 894-28840 WARRANT' f0R VALUE PECEWED MERIDIAN INDUSTRIAL. PARK, an Idaho General Partnership DEED .� %tJl�(lill`L3(l GRANTOR(s), doesldo) hereby GRANT, BARGAIN, SELL and CONVEY unto THAD i. I'HOMAS and LYNN E, THOMAS, husband and wife GRANTEES(s), whose current address is: 1155 Justin Place, Meridian, Idaho 83(i42. the following described real property in Ada Giunty, state of Idaho, more particularly described as follows, to tvit: A percel of (and being a portion of Block 3 of MERIDIAN BUSINESS AND INDUSTRIAL PARK, according to the official plat thereof, filed in Book 51 if Plats at Page 4274, records of Ada Courty,idaho, which parent is more particularly described as follows: Commencing at the Southwest croner of said Block 3; thence North 89020'30" East 347.35 Eeet along the Southerly boundary of said Bidrk 3. to a point; thence North 89046'o6" 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 344.79 feet to a point; thence I� South 89047'03" Eas= 173.52 feet to a point; thence South 00031+04" West 341.81 feet to a point; thence Sout'_i 891461061. West 273.51 2eet to the REAL POINT OF BEGINNING. i TO HAVE AND TO HOLD the said premises, with their appurtenancesunto the said Grantce(s), end Granteeie) heirs and assigns forever. And the said Grantodsl does(doI hereby covenant to and with the said Grantee(sl, that Gi antar{s1 islzre the ownerls) In fee simple of sald premises; that said pencumbrances, remises are free from eU EXCEPT those to which this conveyance is expressly made subject and those mare, suftored or done by tl:- C:rantee{sl; and subject to reservations, restrictions, dodications, easements, rights of way and ogreements,tif aryl of record, and general taxes and assessments, (including IrriU3tion and utility assessments, if any) for th.e current year, which art not yet due and payable, and that Grantor(s) wN warrant and defend the same from all lawful claims whatsoever. Dated: Dece ber 14, 1994 Meridirtn ndustri 1 Park ACKNOWLEDGEMENT — Parm,,ship STAITOF, .ia,ha ,amnr,•nr. . nan .,,. --- -- -- ....� .... ........ On this . k4L.hl•dryd ... Decemner. mthe yearor 19,94.. yHttus . odiuroe. rhr un•I<r•q; {+"�•'Iry - Publs<rnandrufsaid5ry it wioattin Al. D g L'01 ($E TITLE & ESCROW known o[id[ntiricd :�11' t OAta.... of pn!,; n in ti,<psanrnl�ip�d Meridian sr*al'Far and she owmer(s) s«ument anA.mkn .`ir,J temn"s±lZti's x!- ree uir�}+1 ,+ uv,•I nar{nen6iDnsmc. t��l - i}� . Sign ru C.---. .. ap �y yy _ I Nwne. Penny t1. COID 5 '9tl L)i r} 1J ItnnGng ai . � Meridian, Ftfnhd . NY a nur,i»h,n tysum 05-Q4-2Df)f) hf.Cr,-.. Boise Title &.IEscrow, Inc. I 5 RECORDATION REQUESTED file: BANK OF AH1ERiCA NtV, N.A., DIBIA BANK OF AI►tM01. ruAUO " . CIO cLsc-r tuoc's) 11.0.BOX 7400 COEUR D'ALENE, 1D $3314.1933 «'HEY RECORDED MAIL TO: RANK OF AIIERICA T11, N.A.,UIBIA BANK OF AMERICA iDAHO CIO CLSC-E (DOC'S) P.O. BOX 7400 COEUR WALENE; 11) 93014.1943 9602702ti _i, OA110f:. 'fir, V1';RRO 801;E 1U. '9 T VAn 919,At TITLE CO. FEE �/�. RECORuu:1..,1" 1l:i. d-QUEST OF 1-399000506 SPACE ABOVE TlliS LiNE IS FOR RECORDER'S USE ONLY Bank of America DEED OF TRUST THIS DEED OF TRUST IS DATED MARCH 29, E99G, arnon)t.'TIIAD .i I'Ii01►10.and LYNN F',.TIIOAfAS, HUSBAND AND WIFEi whose address is 640 E MANKLIN, hjERIDIAN,. ID 83642 (referrer) to below as "Grantor"); BANK OF AN.I.ERICA NIV, N-A:, D/lU/A BANK OF AMERICA IDAifO, whose. addt'ess is CIO Ci:SC-E (DOC'S),,P.O. 80.E 7400, COEUR I)'ALENE, 11D 83814-.19.43. (referred to below selmetiirms as "Lender" and sometimes us "Beneficiary".); -- arid .FIRS' .0fERICAN '1TrLE, r,vhme address its 7311 PO' ONIAC DKIVr, 1101SE, IDAI{O (referred to below ,its "Trustee, }. CONVEYANCE AND GRANT., For valuable camiderallon, Grantor does hereby irrevocably grant, haritniri, sell and convey in trust, frith power of sale, to Tnstee for the benefit of Lender as Bener+ciary, all of Grantors right, title, and interest, now owned or hereafter acquhad; in and to the . following described. real property; together with an existing or subsequently erected or aflixed bulfdfngs, improvements and fixtures: all easements, rights of way, and itopurtenances; ail water,vatec rlghts and ditch lights'(including stock in.utilities.with ditch or irrigation rights): and all other rights, royalties, and. Plaids relating to the real property,including v4lhout limitation ell minerals, ON, gas; geothermal and.'simnar matters, located is itER1DIAN County, Slate of Idaho (the "Real Property"):, LOTS. IS AND 19 IN BLOCK 3 Oh..AWRIDIAN'BUSINESS PARKV ACCORDING to-i-Hl: UFF1C�'.L 1'GA'f' 'TIiEREOFi FILED IN HOOK 70 OF 1'I:A'TS AT PAGis 7158, OFFICIAL RFC0RDS'()f �AI)A COUNTY, rDAHO The Real Property orlts address is coinnionly known as 600 1ti 640 E FRANKLiN, ME1t1U1.lN,' I1) 83C42. Gauilor presently" assigns to Loader (also known as Beneficiary in this. Daed of Trust) all et. Grantor's right, title, ntid intermit bi and r4 all present and future loasas of the Property and: all Rents from the Property. In addition; Giantor.grants Lender a Uniform Continerciaf Code security interest in the Rents, and the Personal Property defined below. Grantor warrants shag t has rnader no prior assigniriant of font and leases and will rriaKe no subsequent assignment withduf the prior written consent of Lender, .Grantor's right to coRecl.Rnnts shall not conslituto Lender's consent to the use of Rents as cash collateral in any bankruptcy Orococcling. UFFENiTIONS. The lollowing words shall have ;lie following meanings when used in this. Deed of Truw—iTcmts notdiFeraise defined in this Doed of Trust shall have the meanings attributed to such terms in the Uniform Commercial* Code. Ali reforahoesto donne amounts shag dean a+nnurtls in lawlul money of the United siates of America. Beneficiary. The word "Beneficiary" moon3 BAN KOF AMERICA hW, NA.; 0/BIA BANK OF AMERICA IDAHO,'49 successors an d. assig ns.. BAW O.F AM_=RICA NW; N.A„ D/BiA BANK OF AMERICA IDAH0 also is roforiad to as,"Lenditr" lid this Ddod of Trust: Deed of Trust The words Toed:of.Trust" mean thi3 Deed of Trust nmeng Grantor;.tonder,;aitd Tiustoo,,and includes`Mltiout lirritavtn all. assignment and security interesTprovishng relet;ng to the Personal Property and 'Ronts Grantor, The I. ward."Gichtor' means any and all persons and entities oxociliing ►his Dodd ofTrus! including without linitafion MIAD_J THOMAS and Ll'\\ k TIROAJA,S,. . Guarani i ..The word• "Guaranlor f eans and. iricludus-idiilhoul lift atbn '0ny antl' ail. guersntpiti; r ureli4a; drtd,'acctinvYndafior, pinta in conroF6on with the indobtedr{ess . Improvements..' 'The Word 'Irnprovgmerits" means and includes wtlietil f,I:titaltotY' np ttionting and fusula improvenwit:: fMi1fC9, 6171td If9f syurrnros, rnolalle homes aIIixoiton tho Ron[ Properly..lacit,tios, ndditioi , rnptaci riiontsbad olhersonstn,cunti unYfia Roal Fropeny. - F. lnd'OluAness... Tho'word.7ndobte,inrux" fnoans all: principaf:yrttf intrrrr:st payai 6 iincion: iho Ndl`p onil any tint cxpt#itdird:.or advanced by Le;td.r, to discharge oblige Eons of Grantor. or expenses maulrod by Tlusl'eo or' Lantk.r to onfaico, obligation pf Granlet under lhns Oerd o1 Trust togertee.wilirrrlete i.en .rich amcunts as provided in thi^, peeler 7iuet,lncladiriglntn charges. and.plepaynaent.trtes Lrndu Th r.9rd'."Latidee"mo nsBANK.OF. AN15RICA NW; N.A pjq#N p6NK OF AMEFJtICA 11)AIiO,:ita suceeSanrs and a slgris: , �uic : 7he'u•ir&"Notd` u►eairs.a note or'eeidit a~reeriietil.'tli,led. DlitZv 14 .l9l6--um er. the feroi 61whfrh the rnr[sfroutln� principrt ' ltilanre al ity;une.lim� M aid to Vier tl+e:+qm of 13SU,000:fr0 pfb�.ideAt-ho�rcver,.IhaF.:di 3ums:urtvpgctA,. tarn if ht'fxrrhs ut:S+ich ' : 0 507 DEED OF TRUST Pa-c 2 (Continued) amount, are secured by this Deed or Trust; Iogcfhar r. ithall renewals; modifications, or extensions thereof aad together •rilh interest and ether charges thereon at such rate or .rates as shag Im agreed upon. The maturity date of this Deed or Trust is April .1. 2006. F'trsunat Property. Tho words "Personal Property" mean all equipment, fixtures, and other articles of personal prcperty now or hereafter owned by Granlot, and now or hereafter allached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of, .. and al substitutions for, any of such property'. and together with all.proc:eeds ; nctuding without limitation all insurance proceeds and refunds of premiums) from a:!' safe or otherdisposition of the Property. Property. The word "PropW moans collectively, tile Rea! Properly and the Parsenat Property. Real Propeily. The words "Real Property munn the property, interests and rights described above in the'Conv^vanee and Grant' soction. Related Dommenis. The words "Related Documents'` mean and Ineiude without limitation all promissory. notes, credit agrestrients, lean agreements, environmental agreements, guaranties, security agreements, moagages, deeds of trust, and all other instruments, agreements and documents, whuther now or hereafter existing, executed'in connection with thii Inctabledness, Rents..Tne word "Rents" means all present and future rents, revenues, income, issues, royetiesi profits, and other benefits. derived from the Property. Trustee.. The word "Trustee" means FIRSTAMERiCAN TITLE and any substitute or successor trustees. TtiIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AM) TIIE SECURITY INTERE.Tr IN TIIE.RENTS AND PERSONAL PROPER'f'Y, IS GIVEN TO SECURE (t) PAYhjCNT OF TIIE INDEBTED,ti'ESS AND (2)- PERr0'*lANCE OF ANY AN0 ALL OBLIGATIONS Or GRANTOR i NDER TIM NOT*?, THE RELATED DOCUMENTS, AND 'TILLS DEED OF TRUST. Tills DEED OF TRUST IS GIVEN AND ACCEPTED ON TILE FOLLOWING TERMS: PAYh1ENIit' AND PERFORMANCE. Except as olnarwfse provided 1n this Deed of Truot, Grantor shall pay to Lender all amounts secured by this Deed of Trust's they. become "due, and shall slricily and in a Urnely manner partorm 411 of Grantor's obligations under the Note, .[his Deod of Trust, and tha Related. Documents: POSSESSION AND NIA1NTEN.ANCE.0F TttE PRO!'ERTY. Grantor agrees that Grantor's possession and use of 1hr. Property shall be governed by the faiiowigg provlslons; Possession and Use: Until the occurrence of an Event �)t Default, Grantor may (a) remain in possession and control of the Property, (b) use, operate or manage the Property, and (0) collect any Rents from the Property. The fof!owIhg provisions relato to tFir use of the Prope, .y or to other lim!trtinns on the Property, _ THE REAL PROrERTY EITHER. IS NOT MORE THAN TWENTY (20). ACRES Uv AREA Ok 19 LUC,: `co WIT! 1N AN. INC(;<'. R'ORATED CITY OR VILLAGE. Duty to Maintain. Grarit.or shall rner!ntaln the Property in tenantable condition and promptly per(oritr all repairs, replacements, and maintenance necessary to. preserve its :'.;!tie. Ifaaardous c'ubstances. the terms "1182900tus waste," "hazardous substance," "disposal," "release; and "gtrealened release" as used in this Deed of Trust; shag have the sanm,meanings as set forth. in .Cie flormrehensive Errvronm?nt'I Response, Compensation; and Liabt:ty Act of 1960, as amended, 42 U.S,C. Section 9Fo1- et segi ("CERCLA"), LhL Supertund Amendments and Reauthorization Act of 1986, Putt. L. No. 99-49d C'SARA"), i.'ie Hazardous Materials Trar,. - rutaliort Ad, 49 U.S,C. Se:tfon IBM, et seq•, the Resource Conservation and Recovery Act, 49 U,S.C. Section 6901, et seq., or other applical;lo s.ak or.Foderal laws, wles, or regulations adopted pursuant to atry of the foregoing: The terms "hazardous waste" and "hazardous substanco" shall also Include, without limitation, petroieum and petroleum by-products or any fre;tion thereof and• asbastos, Grantor represents, and warrants to Lender iha: (a) During the period of Grantor's Ownership of the Property, thero has been no use, generation, r,.ae ufacture, storage, treatment, disposal, release or threatened releaseof any hazardous waste or substance by any person on; under, about or from the Property; (b) Grantor has no knowledge of, or reason to balleve that there has. been, except as previously disclosed to. vid acknoinledged by Lender, in writing, (D arry use, generation, manufacture, storage, treatment, disposaf, release, or threatened idease of any hazardous vraste or substance on, under; about or from the Property by any prior owners or occupants of .the Property or (11) any actual or. threatened litigation of claims of any kd t.,by any person relating to such metiers; and (c) Except as previously disclosed m an,l acknowledged by Lender in wrung, (.) neither Grantornor any Conant, contractor, agent or other authorized usr- of the Property shall use, generate, manufacture, store, treat, dispose of, or release' any hazardous waste of substance on, under; about or I-,m the Properly and (i) any 'such activity shall be conducted In compliance with as applicable foderal, state, end local laws, 'egulations and ordinances, Including without limitation those laws_ regulations, and Ordinances described above. Grantor authorizes Lender and its agents to enter upon the Property.t r make such Inspections and tests, at Granloes.expense, as Lender may doom apprcpdatu :O determine compifance,of the Property with (Na section olthe Deed of Trust. Any fnspectioris or lests made by Lender shall be for Lender's purpores only and shall not be construed to create any resporisibility. or, IfaWity or, 1ho. part Of Lender to Grantor or to any other person. The representations and warranties consarred herein ate based on Grantor's'due diligence in Investigatinc. the Property for hazardous waste and hazardous substances, Grantor hereby (a) releases and Waives any future onions against Lender for Indemnity or contribution .in the avert. Grantor becomes liable for cleanup or other costs under any such laws, and (u) agrees to indemnify and hold'haimiess'Lender against any and all claims, losses, liabilities, damages, penalties,: and expenses which Lender may dirmil) or Indirectly sustain or suffer resulting from a.breach of this section of the Deed of Teat or as a consagderfee of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Grantor's ownershif: or inieresitn the Property, whether or. not the same was or should have been known to -Grantor. The provisions of this sxslon of the Dead`6I Trust. including the obligation la indemnify, shall survive the payment of the Indebtedness and the satisfaction at :econvelaace of the lien 'of thts Deed of Trull and shalt not be affect,3d by Lender's acquisition Of'any Interest in the Property, whether by foreclosure or otherwise, Nuisance, Waste. Granter shall not cause, conduct or permit any nuisance nor commit, petmit, or suffer any stripping ot.or'waste oil or to the Prop".Or'any portion Lot the Property,. 34hout Limiting the.generalliy of the foregoing, Grantor. will not remove, or grant:tq any other party the right to renfnve an¢timber, minerals (inetuding.oil and gas), sail, grave; or rock products without the prior wr ir,en consent 61_Under .. Removal. or Lnprovemtnut. Grantor. shag r--A dem0sh or renfure any Improvements trom'the 9eal Property wkhout the prior vrrinen consent of Lender. As, a condition to the removal of artyr'Irtfprovementsi LendL-r n ay r:.luire Crantorlo make rtrra, geiI ants satisfactory to Lender to rapier.¢. such. Improvernenis witft Improvements of "! lons(egnal value. Lender's tifght to Enter.' Lender and its agents and representatives may enter upon the Real Property al OR egasortabk► trines to attend t0 Lender's interests and ,o inspeci the property for. purposes.oi Grantor's compliance with triL '.erriis and ctnditfohs-of this Deed at 1'nlsi,, Compliance ti<ith tiorezruaeata! Rcgftircments: Granior s„aU promptly comply with: aII laws ordinanct.t, andregu'ahorrs; ifovv''or•hereafter :, etiect, .of sir governmental authorities applicable toAho use or ocaipancy of the Property, including, without i.rrl(atEon,lthe Americans With Disabilities Ac... .GraAtor.may' contest.:n good.Wlh any such raw, ordinance,. or r.,gulalion. and wdhhbtd compliance duriity any proceeding; kicfudfng'appropriaf,• .ppeals,..'sO tong as Graiftcr has notified Lender in wriifno.:prior tO.dorig sa and so long a§, In Lander$ sold apir.!on, Lender's. fnterest4lri the Property are not juop.ardized. Lander; [tray require Grantor to post adequate security or a cutely tioAd,.reasu,Pion, safisfactory.to Lender, foprottict Lender's interest , ,�.�-f�'��•..,.rr�. a.�i'.r "�.�Y`: „•,n-.-:,F.%,`f!s;�i ��'3R�ft�"� '^._ . n:iA- _., r..:»,.•r.....�..�.tr.,...-,..:..::..�_,_.�.— -- .... . . 08: .� DEED OFTRUST 19600S08 Ng, 3 (Continued) +? Duty ro Protect. Grantor agrees neither to abandon nor levve u,ratended the Property. Grantor �iharl do all othrr + in addn• ...a those arts set iotih above in this section, which Irom the character and use of the Prt.•perty are teasonat4y r wary to pi v cl ose vH .•r• .Property. -' Du on S? LE - CONSWIl' ill' LEKDER. Lander may, at its option, declare immediately due ono ,,ayabItt all .,.•-.s it, b • this Dead of T: st upon the sale cr lranster, without the Lender's prior written, consent, of all or, any part of the Real Property, or any Wares i- nt,Property. h o or.transfer",means the conveyance of Real Property or any right, title or interest therein,, +hether legnl, beneficial or eqc sot; Ntle,it8r volaintart ,r invoiuntwry; whether by outright sale, dead, installment sale contract, land contract, contr.Krt lot deed, leasehold interest err ••rm greater than th;ee (3) years, lease -option contract, or by sale, assignment, or transfer of any beneficial Interest in or to any land trust holding tit! to the heal Prop�Ky, or b;+ any other method of conveyance. of Real Pr,)pertya:aerest. 11 tiny Grantor is a co:-,: ration, partnership or limited liability company, transfer also i4cludes any change in ownership of more, than twenty=rive percent (25%) of the voting stock; partnership interests or lirflted liability company lnleresls, ' as the case may be, of. Grantor. However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Idaho law. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property area part of this Dead of Trust. Paynitrt: Grantor shah pay when due (and in all ovenis prior to delinquency) all taxes, special taxes, assessments, charges (Including water and a sewer), lines and Imposlto�,s levied against or on account of the Property; and shall pay when due all claims for work done on or for services, rendered or material furnished to the Property. Grantor shall maintain the Froperty free of all liens having nriodry over or equai to the interest of ry Lender under this Deed of Trust, except for ilia flen of taxes and assessments not due and except as otherwise provided in this Deed of Trust, f 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, sa long as Le•eder's interest In the Property is not jeopardized, it a lien arises or is fired as a result of nonpayment, Grantor shall within Mean (15) days that the lien arises or, it a lien is tiled, within fifteen (15) days after Grantor has notice of the illing, secure the dtgcharge of the lien, or if : requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lendor in an amount sufficient a to Discharge the lien plus airy costs and reasonable anornays' fees or other charges that c uld accrue as a result of a foreclosueo ^r sale under the lien. in any contest, Grantor shall defend itself and Lender and shall selisfy any adverse judg rient before snforcament against the Property. Granter shall Karns Lender as an additional obliges under any surey bond furnished in the contest proceedings. Evidence of PaymerW Gra-jtor shall upon demand furnish to Lender satisfactory. evidence of payment of the Cayes or assessments and shall authorize the appropriate governmmlat official to deliver to Lender at any lane a written statement of the taxes and assessments against the Property, Notice of Construction: Grantor shall notify Lander at least i flra3n (15) days before any work is commencec, any services aie furnished, or any. ►A materials are supplied to the Property, if any mechanic's lien, materlainien's Hen, or other lien could be asserted on account of the work, Services, cr materials. Grantor v�fll uoon request of Lender furnish to Lender advance assurances satisfactory to Lender that Granto, can and will pay the cost of such improvurnents. '. pRopERTY DANLAGE iNSURArICE. The following provisions reiating to insuring the Property are a part of this Deed 61 Trust, Alainlenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage andorsemeats on a replacement basis for the full insurable value coveting. all Improvements on the Real Property in an amount su`niciont to dvoid application of any coinsurance clause, and with a standard mortgagee clause an favor of Lender. Grantor shall also .procure and maintain comprehensive.gensral liability insurance in such cdvs age amounts as Lender may request with trustee and Lender being named as additional insureds in such liability insurance policies. Additionally; Grantor shalt maintain suoh other Insurance, including but not limited fo hazard, business interrt.ption„and boiler insurance, as Lender may reasonably require. Policies shall he writer •'t form, amounts, coverages and basis reasonably acceptable to Lender and issued by a.compaiiy or companies reasonably acceptable to Lender. Grantor, upon request of Lender, wilt deliver to Londw from time to t time the policies or certificates of insurance inform satisfactory to Lender, including stipulations that coveraoes will no: ;ee canceled or diminished without at least forty five (45) days' prior writlen.nctice to Lender, Each Insurance policy also shall.inctuda 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 parson. Should the Rear Properly at any line become located in an area designated by Ilia Director of the Federal Emergency ivS inagenrent Agency as a special flood hazard area, Grantor ag errs to obtain ant malntain Federal flood Insurance to the extent su;h Insurance is required. by gender and.is or becomes avallable, for the term of the loan and fc- ;he full unpaid principal balance of the loan, or the maximum :Imh of coverage that is avaitable,'Miichever is less, Appucatior. of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss if Grantor fails ',o do so within fitteen,(15) days of the casuaty. Whether w riot Lender's security is impaired; Lenvar may, at its election, receive and retain the proceeds of any Insurancc and apply the proceeds to the reouclion of Ilia Indebtedness, payment of any iien 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 thq damaged or, destroyed improvements in a manner satisfactory to Lender. Under shall, upon satisfactory proof of such expenditure,, pay or reimburse Grantor from the proceeds for the reasonable cost of repair. -or restoration It Grantor is not ,n default under this Deed of Trust. Any proceeds which have not bean disbursed within 180 days after their receipt and which Lander has not comma,leed to the rep—a'r or restoration of the Prope•iy shall Ice used fitst to pay any amount owlne, to Lender under this Deed o1 Trust, then to pay accrued Interest, and the.semainder. If any, shall be applied to ilia principal bail ice of the Indebtedness. If Leader holds any proceeds after payment in full of the Indebtedness, such proceeds shalt be pzd to Grantor as Grantor's interests may appear. Unexpired Insurance at Sate. Any unexpired insurance shalt inure to the benefit of; and pass to, the purchaser of the !Properly covered by this Dead of Trust at any trustee's sale or other sale held under the provisions of Ns Dec-d of Trust, or at airy foreclosure sale of such Property. Crantor's Report on Insurance. Upon request of Lender, however not more than once c year, Grantor shall furnish to Lender a report an each existing policy of insurance showing: (a) the name of the Insurer; (b) the risks insured; (c) The aniount of the policy; (d) the propc,rly insured, thethen current replacement value of such property, and the manner of determining that value; and (el 'tie expiration data of the policy. Grantor shall, upon request of Lender, have at, independent appraiser satisfactory to Lender determiria the rash value replacement cost of the Property. E\I'ENi.wrURES BY LENDER, If Grantor tails to comply with any provision of Ms Dead of Trost, or 41. any ac':cn or proceeding is commenced that would materially effect Lender's interests in the Properly, Lender on Grantor's behalf may, but. shag not be required to,.take any action, that Lender deems appropriate. Any amount that Londe: expends In so doing will bear interest at the. rate charged under the hole from the date incurred or paid by Lender to the dale of repayment by Grantor. Arf such expenses, -at Lender's option, will fn) be payable on rlemano, tt) be adu .' to.ihe balance of the Mote and be apportioned ama—ig and be patyabia with any installment peynients to become due during eitl•er i) the lemi'ot. any applicable insurance policy or (if) ihe.remahiip term of the t•?ote, or (c) tie treated as a balloon payment vihich,will be due and paynbfe. at Chu Nate's maiunty: This Dead of Trust also will secure pnymant at .these amounts. The ❑ghts provided or in th.`s'paragraph shalt be in adartion t^ any .other rights or any rnmadies to which Lender m?y be r nlitled on account ct the detauh. Any such action by Lander.shall not be consist ' as cudng the d ir.dt s ea to f bar Lender from any remedy that it oiherwisewould have had. 1YAtiR,\NTY; i FGNSiOF TITbt The toile vino revisions reiztin9 [o ov nership ct trio ?roper y tiro, n part.oi this e d 0# i w fit.. Title; Grantor warrants. that: (a) Grantor holds gold and mat;elaEla IiOe of r cord ?o the Pi oenv in fee simple., , tree art clear of till.fio,is and c,,v;vmbrances oilier than those set foil`i if,, the Feat F'ronerty. description of -in any tii:e Insurance pO.iCy; tine report; CF opinl�n issued in n '.t.th 6 DEED OF TRUST 199!Y1)�. 0 , 09 i'abc 4 (Continued) favor of, and accepted by, Lender in connection with INS Deed of Trust, and (b) Grantor has the full right, power, and aulhodty to execute and deliver thin Deed of Trust to Lend,3r. Aererisc of 'Ciile. Subpct to the aiiception in the paragraph above, .Grantor warrants and, will forever defend the tilEe to the Property against the i tie Harms of aq persons. In the event any action or proceeding is commenced that questions Grantor's ilia or the interest of Trustee or Lender under tuts Dead of Trust. Grantor. snail defend the action at Gianlot's expense. Grantor may be the horn final party in such proceeding, but Lender shaft i emitted t participate o the proceeding and to be represented in the proceeding by counsel of Lendor's own choice, and Grantor w,i! delver, or cause to be delivered, to Lender such instruments as Lender may request trpm time to time to permit such participation. Camptt:uur tfifh Lnns.. Grantor. warrants that late Propertyand .Grantor's use of the praperiy compiles with all ex sting applicable laws, ordinances, and icquiations ofgovernmental aultioritlos. CU\T)EMIN AMN. Ttie following provisions relating io condemnation proceedings are a part of this. of Srust. Appliratiun of Net E ro:nrfs. tf all or any pan of the Property is condemned by eminent domain proceedings or by any proceeding or purchase lied to the indebtedness in lieu of condemnation., Lender may a: its election teRocoeds ofuire that lthe sword hall mean the l or any portion of the net award Stier ds 1p yment of the award aA reasonable costs, expenses, or the repair or restotaron of the Prop". p and attof,neye' lees Incurred by Truster or Lender In connection with (Ise condemnation. ProcrcdLsgs 1'.ahy proceeding.in condemnation is fiia.i, Greater shalt prorriotly notify Lander in writing, and Grantor shall promptly take such steps as may be necessary to defend the action and obluin the award. Grantor may be the nominal pary, in such proceeding, bsst Lender shad be entitled t ) participate in the proceeding, and to be represonted in the proceeding by counsel of Its own choice, and Grantor will deriver or cause to be delivered to Lander such instruments as may be requested by It from time to time to permit such participation. 1l111051T7Uti Of .*AXES. IZES.IND.Cf1ARGES SY COYERNb7SNTAL AUT1tOR1TSES, The allowingfProvisions relating io governmantai taxes,.fees and charges area part. of this toed of Trust: Cement T.-ixes. Fees arsd Clmraes. Upon. request by L^eider; Grantor shelf execute such documents in ty. Grantorlshaghis geimburse Lender foed of Trust and r whatever other action is requested` by Lender to perfect and continue tender's ben on the Real Property. taxes, a described lseicw, together with sit expenses incurred In recordirg, perfecting or continuing this Dead of Trust, Including without gmi(ation all texas, Nos. documentary stamps, andbtroar charges for recording or registering this Deed of Trust Taxes. The, hollowing snarl tonal ilute taxes to which this section applies: (a) it, specific lax.upon.lh{s type of Deed. of Trust of upon from aft or any par', of the Indebtedness secured by this Dead of TiusDeed otb7rustP (c) a tax rn ecific I" on t�Ms type t Der d of Trust chargeableirantor which Granlor is authorized againstnst heUked �Len�dertor ttsePnoldertoi on tf , Indebtedness secul. d by this type . the NDlq, and (d) a specific tax on all or anyportion of the Indebtedness or on payments of principal and interest made by Grantor �ubsequient 7axes..1f any tax to which this section apniies is an oubsequerit to the d ire of this Deed ct Trust, this event shall have the same its avaH able elleci as an Event of Default (as defined below), and Lender may exercise any at. all aortests (fie tax asadie provided above in the Taxoss for an Event of Default sapmvtdes beiovi unlos� Grantor. dither. '(a} pays, the Iasi before it becomes delinquent, or (b) section and deoosits.wilh Lender cash.or a surticient corporate surely bond or other security saiiciactory to lender. StiCliltl'CY AGItFa.S1F.N I; t7NaNC1NG STAT1:%IFN S, The togowing provisions relating to this Deed of Trust as a security agreement are a part of this Deed of Trust.. Security Aprretitent. Thisinstrunient shag constitute a security a jreement .a the extent any, of the Pror—R. constitutes fix timeres or time. personal property, and Lender shall have ail of thetigh's of a secured party under the Uniform Commercial Code as amended.troin time to time. Security Interest: Upon request by Lender,.Granlor sliafl execute' financing statements and take whatever Other action is requested by Lender to perfect and continue Lender's security interest in ihu 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 authorizalion.tfom Grantor, fire executed counterparts, copies or reproductions of this Deed of Trust as n Ter may, statement.. Grantor shall reimburse Lender for ail expenses incurred in perfecting or cont{cdfng this security interest. Upon dclsulh, Grantor shall assemble the Personal Property in a manner and at a place reasonably convenient to Grantor and tender and make it available to Lender within three (3) days after receipt of written demand froni.Lendor. . Addscsuc. The maii{ng eddiosses of Grantor (debtor.] and Lender (secured party), front .which information concerfimmg the security interest granted bylhis Deed of Trust niay be obtained (each as required by the Uniform Commercial Code), ale as stated on the first pageof this Dead o4 Tnisl FL'ICrIiSR ASSC1tAM10ES; A1'fUIL\r:1'-fti•FAC r. The lotlawing provi re to further assurances and. attorney -in -fact are a part of Veil Deed of Trust., Farther A mar.64es: At any lime, and from time to time, upon',rauest of fender, Grantor will axe se and defiler, r will recorded, Wiled, be made, executed or dorverad, to Lender. or to Lender's dr:signeo; and vrhen requested by Lender, cause to be fried, recorded, rrrised, or ierecerded; as s e case may be, at such dines and in suc,i offices and places as Lender may deem appropriate, any and all such fret+"sages, deeds of trust. security deeds, security agree"wits, financing staterxmts, continuation statements, instruments of turth3r assurance, car ihx les, and otrsor docurnenls as may,. in the roe opinion of Lender, be necessary or desirable In order to of e.ctuate, complete, perfect, continue, or proserve (a) the obligations of Grantor under the Note, this Dbod of Tiust,'and the Related Documents, and (b) the kern end security interests created by this Deed of Trust as first and prior flans on the Propety; whether now owned or hervahc. acquired by Granter, Unless prohibited by Iaw or agwted to the contrary by Lender in writing, Grantor shall.tecnlxriso Lender for all costs and expenses incurred in connection. with the mailer., tcinrrod to in this paragraph. lttorntvus-cast 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 ai. Gimitor's experr a.. For such purposes. Grantor hereby Inevocabiy appoints Lender as Grantor's attorn6y-in-tact for the purpose bL rnakinof, erecutitig,. delivering, tiling; recording, and do{ng all other things as may be necessary or. desirable, to tenc8t s sole opinlc,i. to. acwrrfi �srti ific rratiera referred to In the preceding paragraph. WILL Pt tl`f11t11.]N('F:.. 11 Grantor pays all am tndebtadocss whon .due and otherwise performs all the obligations imposed upon Grantor under this WIL of Trust, lender ying execute and defvor to Trister_ a request for full recornreyance and shalt execute and deliver to, Grantor suitable stalernents of jermnnitoa of any ftnnrlririq ;<latoraont on file evidr.ricing Lender's security ir, test In.the Rents and (fie Personal Property. Atiyieconveyance tee sFiduirod byfah ..haft bo paid by Grantcr; iYpermittnd by applicable law I)b.fAf:f:T:_ ,.e_t ,i,tY:c fn1 aynnq, at ire option of fonder, stsaticor>vlitute an everil of delauq ( Event of Detaull j under this Deed of Trust her:ialt on Indrbirdncxs, failureol Grainer to make,ony payment when duo on the Indebtedness 10.,litr bn fhther P 1}tileriha Failure al Granmf within the time rcouaed by this Doed of Trtrst to make any payment for taxet.or insurance or any rihr+ priyrraid Meassafy to.prevL-n! IrGrig of or to c?Hect dtscharg. an lien: . -- swrarn DEED OF TRUST 199900051.0 Wage S (Continued; — Compliance DcDcrar+lt to Compiy with any other farm, obligation, covenant or onditiun co nialned in this Deed of Trust, the Note or in any of the Relates Documents, de der or on behalf of rantor on i FalseStatements.the Related Documents s false or nriof SI ngrtinnanyamatsnai respect, eilhEnnow or at the time mice 0. furnished, tins Deed of Trust, he Dea:h or tnsolrency. The death of Gran art o.1Grantor's;uti n r termination n�?nor the 6enerrt of creditors, ny type of credilo insolvency o ko lof a online the appointo .•nt of a receive; for any p rProp", Y g commencement of any proceeding under any bankruptcy or insolvency laws by or against Grantar, However, this subsection shall not apply Foreclosure, Forfeiture, etc. Commencement of toredosure or forfeiture proceedings, whether by judicial proceeding, sett -help, repossession or any other method; by any creditor at Grantor or by any governmental agency against any of the Props ty. to the event of a good faith dispute by Grantor as to the validity or reasonableness •If. itter claim which is the basis of the forecbsure or toreleiture proceeding, provided that Granto• gives Lander written notice of .uch claim and fumshes reserv?a or a surety bond for the claim satisfactory to Lender. n&r the terms Breach of Other Agreement. Anybreach therein, by Grantor ling v theut fimitatso say esteem nt f any olner ormceming any ndeoted�>_sr or othae n'd gatton or that IS RVI f Grantor within any grace period provided Lender, whether existing now or later, 01 lino Indebtedness. Events Affecting Guarantor. Any of the preceding eves'^ occurs with respect ro any Guarantor of nny of the Ir. ,ebtedness ar any Guarantor des or becomes incompetent, or revokes or disputes the validly' of, or linoiity under, any Guaranty mentor ertormance r becomes Change. A material adveiee change occurs in Grantor's financial conditice, or Lender believes he prospect of pay p. of the indebtedness is impaired. insecurity. Lender in good faith det:ms itself insecure. RIGHTS AND REMEDIES ON DEFAULT; Upon the occurrence of any Event of Default and at any time thereat-:, T!^twee or Lender, at its option, may exercise any one or more of the following tights and remedies, rn addition to any ether rights or. romedies ptovsc + Y of Ne icon to cause the e of Derault. In the Property 0fbeeseld to satsfy, nder the Indebtedness, all execute or , and shall case the use such notice tvrl•e recorded Ion t nut' nch-aifcstof tfdie recorder of election arithereof,issituated, each county whet aln the Real Property, or any p Acederate Indebtedness. Lender shall have the right at its option to declare the entire indebtedness immediaiely due and payable, tn�lud ng any prepayment penalty which Grantor would be required tb pay. I to Forxlosure. With respect to societal { part risen eitherReal Firoease in accordance with and toshall have ethe glull extent provided by applicable laved Lender shall. have the righl to foreclose by 1 UCC Remedies, With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of tt secured party under the. Uniform Commercial Code, g op and collect the Rents, Collect Rents. Lander shall have the right, without notice to Granter, to take possession of and manage the Indebtedness. arty inducing amounts past due and unpaid, and apply the net proceeds; o to mer nde bave Len a rent ots. r uaeafeesinst iereci y to Le der, I if it . Rents are. this rigY'.t; Lender may require any tenant or Who user of the Property payments collected by Lender, hen Grantor irrevocably designates Lender as Grantor's attorney -by tent to endorse instruments received r In response to thereof whether or not any proper grounds for the demand'existed, Lender may in the name of Grantor and to negcliaa.the same and crdlect lire proceeds. Payments by tenants or oihar users to Lender in response to Lender's demand shall satisfy the obligations for which the payments are made, exercise Its rights under this subparagraph either in person, by agent, or through a receiver, with the power to preceding laredosure or sate, and to collect the Rents from the Property and apply the Appoint Receiver. lender shall have the. right to have a receiver appointed to take possession of all or any part of thethepproperty, protect and preserve the Property, to operate the °roperty p 9 en a without bond if permitted by taw. proueeds, over .and above the cost of the recoivorshio, against the Indebfedness•valuervot the Property exceeds the Indebtedness by a Lender's right'o tl a ap¢ainImam of a receiver shall exist whether of not the apparent. Lender's ri amount. Fa ployment by tender shall not disqualify a person from serving ss a receiver, suhslari erty is as I provided Tenancy at Sufferance. ssesGrantor n of the Property ins ic upon default oftGrantohe r, Granterty or shall becr the ame a tenant at sufferance of Lender ove or f the irch steeot becomes erti 1 p a reasonable rental for the use of the Property,. or (b? vacate the Property immediately the Property and shall, at Lender's option, either (a) Pay upon the demand of Lender. Olhcr Remedies, Trustee or Lander shall have any other right or remedy provided in this Dead of Trust or the Note or by law. ble notion o{.the time and or 61 the me after Notice of Sala. Lander shall give Grantor reasonay Is 10 ace abe made.f any Roasonablo notice shall meac -we of trio Personal n notice given at east which any private sate or other intended disposition of line Personal Properly ton (to) days before tea time -itthe, sale or disposition. Any !ale of personal Property may be made In conjunction with .any safe of the Real Property. Sale of the Property: To the extent permitted by applicabio taw, Grantorhei sty walvas any and all rights to have the Property mono sale to exercising its rights and remedies, the Trustee ar Len6erubitclsatobe f on eti arroril to liany pontull Or oti of theart, at lPropert+j Not o otrsae having separately, given I sothen e time separate safes. Lenue: shalt be onGued ifl bid at any psh.all sell the anduplaca fixed- law, and r%t less by tin th9 notice of sale at public¢ ui ion t law having highest bidderforcash in awfulnmoney of the United SlalesFpayab a atat h rc a o! said, Truslee ahalf d much deed he oirany matters ar is or her slrallad cba conctus ve ploot of the truthfulness of suchsu said,nmatters or facie. After rdad those in all lrnp+ied: -?he recital and masons covla, foes .. Ad'expenses of Trustee and of thic T+usl, including cost of evidence all sums title ended under this Deed of Troblo attorneys, st, not tthennrepaid with connection with Ilse sale, Trustee shall apply proceeds of sate to payment of (aJ expanded Ir,taro,i lirnreon as provided 4n this Deed of Trust; {b) all indebtedness secured horaby: and {c) tLo remainder, If any, to he person or parsons legally entitled ihmeter, 't5'�ivfrr l:fectian of Renrrdlcs. A v'aiver .by any party of n. breach et. a provision or »tis�Ucoadpr�r3lonttUn lion byt'Lender+tov�uol' ei P yiro^iady. d an the pariy'a ,rights othervrise to demand strict romp+ianco vrith .hat pr Y .=zctionaolrnai a axDeed pertdifuies or Ira takcaactionrlo pt,rlorm an otiCignt onpetaled Document, to GYanlor u deided by ath this Deed I Trust after sfailure of Grain to ,o pgr� nnshat i t nder's ri: hl to dLLtain a default and to er,arcise any of its r9rnadiea. der shall e aniitied to not affect Le 7 At+ornrr ' Errs; Fxpen<es; if Lender inolilule3 airy Fuji or action id enforce any of iho ;alms of this Derd of TruSf; L n 199SO00511. DEED OF TRUST PBae 6 (Continuedl recover such sum as tho court may adjudge reasonable as attorneys' fees at trial and on any appeal. Whether or not any court action is involved, all reasonable expenses incurred by Lender which in Lender's opinion are necessary at any time for the protection interest or the enforcement of its rights shall become a part of the Indebtedrwiss payable on demand and shall bear interest at the Note rate from the dale of expenditure until repaid. Expenses covered by this pwagraph include, without limitation, however subject to any limits under applicable Fate, Lender's reasonable attorneys' tees whether or not there is a lawsuit, incliding reasonable attorneys' fees !or bankruptcy proceedings (including efforts to mou,Fy or vacate any auterriatic stay or Injunction). appeala and arty anticipated post-ludgnwnt collection services.1he cost of searching records, obtaining title reports (including foreclosure capons), survf yors' 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 duties of Lender as set forth in this section. POWERS AND OBLIGATIONS OF TRUSTEE. The fallowing provisions relating to the powers and obligations of Trustee are pet of this Dead of Trust. Powers or Trustee. In addition to all powers of Trustee atising as a matter of law, Trustee shalt 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 Beal Property, inducting the dedication of streets of other rights to the public; (b, join in granting any easement or creating any restriction on he, 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. ObUgatiaat to Notify. Trustee shall not be obligated to notify any other party of a pending sale under any other trust. deed of lien, of of any action or proceeding In which Grantor. Lender, or Trustee shall be a party, unless the action or proceeding is brought by Trustee. Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. in addition to the rights and remedies set forth above. with respect to al or any part of thu Property, the Trustee shall have the right to foreclose by notice and sae, and.Lender shal have the right to foreclose by. Judicial foreclosure, In either one in accordance with and to the full extent provided by applicable law. Succesenr Trustee. Lender; at Lend(Xe. option, may from time to Time appoint a successor Trustee to any Trustee appointed heteunder by an instrument executed and aclnowledged 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 orig inaf Lender, Trustee, and Grantor, the book end page where. this Deed of Trust Is recorded, 'and tie name end address of the successor trustab, and the instrum*nt 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 Trusteea.in this Deed of Trust and by Lpplcable law. This procedure for substitution of trustee shall govern to the ratclusion of all other provisions !or substitution: NOTICES T1 GRANTOR AND OTHER PARTEES, Any notice under this Deed of Trust shall be in writing, may be be sent by telefacsimilie, and shall.. be effective when actually delivered, or when deposited with a nationally recognized overnight courier, or, A mailed, shall be deemed effectNe when deposited. in the. United States mail first.clsss, registered mail, posla;e prepaid, directed to the addresses shown near the beginning of this Deed of Trust,. Any party may changa its address for notices under this Deed of Trust by giving. formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. All copies of notices of loreciosure from the holder of any Den 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. For notice purposes, Grant agrees to keep Lender and Trim' s informed at all times of Grantor's current address, ADDITIONAL INSURANCE PROVISION. IF GRANTOR FAILS TO MAINTAIN ALL iNSt1RANCE REQUIRED FROM TIME TO TIME BY BENEFICIARY, INCLUDING FLOOD INSURANCE, BENEFICIARY MAY PAY THE PREMIUM ON BEHALF OF.THE,GRANTOR ANDANY SUMS EXPENDED SHALL BE ADDED TO PRiNCVPALANO BEAR INTEFlEST AT THE RATE PROVIDED iN THE.NOTE. SWAP TRANSACTIONS. The term "indebtedness," as previously defined, :shall include all obligations of Grantor to !.ender with regard to swap Transactions. "$wap Transactions" shall mean any transaction governed by an ISDA (or its successor) Maslen Agreement to which both Grantor and Lender are parties, it this instrument is referenced In such transaction as a credit support document. MISCELLANEOUS PROVISIONS. The following nilscellaneous provisions are a pan of this Deed of Trust: Amendments. This Dead of Trust, terlether 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 find signed by the party or parties sought to be charged or bound by the alteration or amendment. Annual Reports. If the Property is used for purposes other than Grantors residence, Grantor shall .furnish to .Lender, upon request, a certified statement of net aperating income rw4ved from the Property during Grantor's previous fiscal year in such form and detail as Lender shall require. "Net operating Income" nhsl mean W cash receipts from the Prorurty less all cash expenditures made In connection with the operation of the Property; Applicable Law. This Deed of Tnat has been delivered to Leader and accepted by Lender in the Stale of Idaho: This Deed or Trust shall be governs' by and construed in accordance with the laws of the Stoic of Idaho. Caption IEetdings. Caption headings in 104 Deed of Trust are for, convenience purposes only and are not to be used to Interpret or define the provisions of this Dead of Trust.. Merger. There shall be no merger u, rho :merest or &stale cresied by this Deed of Trust with. any.other Interest or estate in the Property at any time hold by or for the I:enefn of Lends, ' r +:ny capacity, without rho written consiml 61 Lender.. Multiple Parties. All obligations of Grantor under this Deed of Trust dhail be Joint and sevoral, and all references to Grantor shall mean each and every Gramor. This means that each of the Borrowars signing below Is responsible for aU obligations in this Dead of Trust. . Severability, if a court of competent Jurisdiction finds any provision of this Dead of Trust to be Invalid or unenforceable as to any person or clicurrislanco, suet, finding §hall not render that provision invalid or unenforceable as to any other persons or circumstances.. If feasible, an; such offending provision shall be deemed to be modified to be within the limits of enforceability or validity, however, If the offending provision cannot be so madKed, It shall be sirlckon and stl other provisions cf this Deed of Trust in all other respects shati remain valid and enforceable, Soccessiirs and Assigns, Subject to thin limitations shied :q. this Deed of Trust on trsns(0 of Grantor's Interest; this Deed o! Tai-I shall be binding upon and Inure 10 the txinetif of the parties, thslr sucks_ .era and assigns. If pwncrshlp of tho Property becomes vested in *Person other than Grantor, Gander, without notice h. Grantor, may deaf with Grankr's successors with roiorohco to this Deod of Trust and he Indebtedness by way ill forbearance of -3x1e.ntilcst without rolriauing Grantor (Yount the obligation!i of ihia Oc•iid of Trust or liability under the Indebtedness. Time -is of life f-sience. Time Io of the to icrim In the porformanee of this Dr)adof Trust. �Watvirs and Conserits. Lender shall nr•f be .,rjorrted tit have AvIved any rights ursder iftis bpeod of Trust (or under the'Reiated' Documents) unless such waiver is In writing and signP^ by. tender, No dotay or omission on the, part of Lender aft exorcising any right shall operate as a. waiver " .of such right -'or env Other rigltf. A waiver by any party of c provision of this ueed of Trustah&I not canslitutp a w giver of or pre.judica the pary's fig. hfoihetwso. to camanri strict compliance wttti it•m provision or any other provision;:. No prior waiver. by Lender, nit any course of dtaaling 09/28/99 08:59 FAX 375 0997 DEED OF TRUST 199900051z Page ? (Continued) Lender is required in this Dcod of Trust, the Slanting of such consent by Lender It. any Instance shag at constiute ` between Lendw end Grantor, shaft constitute a waiver of any of Lender's rights or any of Grantois obiigatbna as io any future iransac arts. Whenever consent y continuing consent to subsequent instances where such consent is require d. 1\'siyer of lIomectcad Ec¢rnS><ion. Of Grantor hereby ibis aced `io useds and waives 31I rights and benefits of the homestead exemption taws of the Slate TO ►T REES Idaho as to all Indebtedness secured by EACH GRA\'TOR ACK��O\\'LEDGES HAVING READ ALL Taff FRU\'iSiONS OF THIS DEED OF TRLST, A1D EACH GRANTOR AG TERMS. A9 {;ttAti'r0 ,1 :,n t'rtlObi. N4.,.�/f'.r� E TNOAtAS I;,iDIVIDUAL ACKNOW LhVk tvr<r iI ` s't•A1'l: OF COL'\71' OF �%tl A .E t beidreme ( in the year 192. or rev tE On this 1 f't day cl ._. i �!t � L arad 1.11AD J TNOAIAS, known or identified io IT1a ( P in and for the Sinte of. Idalta, personallyyaappe ) to. be the person whose narne is subscribed to the within irtsirurnen j public oath of itoTM A:L iha�e o sT.e executed the Adding at #lotbry Public for aho 1-�t ) �sasnurur� ►q commission crt><res � j,-"�1' �: . _C�J '� � INDIVIDUAL �4CKiL O`rVLEDGMENT - _ ��� ne.,ceeen��a S. r -.- OF Amli a no%N publicin the year 19 _, beforethe.or rove to me din life oath of Qn this day of j�L�-1�.------- of and or nro State of idal of personoliy appeared 1-YNN E Tit0�11�6, known tle to me i P to be the person whose name is subscribed to the �++thin instrument and acknowledged to me at jjri _Residine at - 11 at h•slie cxrscut d a pjpt;;r ¢u tC or Idaho ,sly cirmmissiun ------�- , REQUES'r FOR.FULL RECONVEYANCE (To be used only when ob)igations have been paid in `,ull) ,Trustee To- .... _ ....... .._.. _..._—.._ ged by this Trust eclec.upon n ment to you of any sums owing to you under Thelerms of tLts Deed of Trust or pursuant to undersigned s; the Iuya1 o+mer and holder of all tndohtedns secured bit esd©Yvored to you together vn huthis Dead uQTr a )t and to 0econreJ 1t:11y paid and satistind•t� , ihehereby Notousowred by This Dced of Trust (v tv you under this Deed of Trust. Please mail the any aPpSr:ablu ,Satu1C, rn+,tqut vrauorty, to she pallier. designated by the l tnvt of this Dood of Tru@t, the estate now held by y_ CCorivejan a and P.eialod Docurnents to: _ . Btnet'iciary: Its; , r... �,r�{ �,.'r ,f� iJ_:.!��Ye�?�9 fa)"i'�•=r'Hrn:r,ae t�.roe.. AG agnrs•ce,ved pJ—Got CE�7zTTIr,LN Gt.OVtj . AFTER RECORDING MAIL TO: SMS FasTrax Reconveyance Tracking Service P.O. Box 509 Yakima, WA 98907 Order No.: (34719) ADA COUNTY RECORDEP 1AVIO NAVARRO AMOUNT 3.00 BOISE IDAHO 06/05/06 04-r-, PM uEPUTY Gail Garrett RECORDED -REQUEST OF �II �����IIIIIIIIIIIIIIIIIIIIIIII �� ��� First American 106089272 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, records of Ada County, Idaho, having received from the beneficiary under said Deed of Trust a written 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: '`:. *= f> '- TRUSTEE: FIRST AMERICAN TITLE la MONINE COLE VICE PRESIDENT STATE OF Idaho ) COUNTY OF Ada -ss On this day of in the year = before me, the undersigned, a Notary Public in and for said County and personally appeared MONINE COLE, Vice President, of FIRST AMERICAN TITLE, known to me or identified to me to be the person whose name is subscribed to the 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. ?UBLIC, DANO I E 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, Ll n n �4-0 E. Fi R t k1 W E --M (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: I D Lyn n" / h 0-mfi-5 fa P , Fra / (name) (address) e l /1 M,2 to submit the accompanying application(s) pertaining to that property. �'1 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. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this day of V 20 01P (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. otary at: My Commission Expires: for Idaho) LoT t8l Sc orbL 3 .� PROJECT: C4-0a Ja6— R efdsr' 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 501.5221 Backsight point: 2 668.4231 501.5221 Backsight Bearing: N 00000'00" E Distance: 0.00 Remarks: -TYPE- FROM TO ____ DIRECTION DISTANCE -------- ---------- NORTHING EA STING NV 2 5 INV 5 6 --------------- S 00031'04" W 213.43 ------- 455.0018 ---- - --- 499.5933 INV 6 3 S 89046106" W 174.11 N 00°31'11" E 325.4850 327.4 INV 3 2 214.79 S 89047'03" E 174.09 669.0789 668.4231 33 668.4231 501.5221 501.5221 Closure Closing line: N 00000'00" E 0.00 from 2 to 2 Latitude (N): 0.00 Perimeter: 776.42 Departure (E): 0.00 Error of Closure: 1:7764197675 Area: 37274.67 Square feet 0.8557 Acres PRE APPLICATION MEETING NOTES DATE: 10- 30-0(. Applicants): Lynn—rb,SVVXCLS Engineer/Architect/Planner: Staff AinnoL, S6�ny0. N1i KR Proposed Development: felt*1E- Mp C©fo. W PMFI/j-T' Location: &00 E. F-r4L#% 1L1Jn ICd. 25612_03099Z Required Applications: CPA # K2. Existing Zoning. J:—L-. Proposed Zoning- &C-� Comprehensive Plan Designation: IrtdV,. -rr; al For Plats Property Size: Sewer: Water: Pressurized Irrigation: Street Buffers: Open Space & Micropaths: Landscape Plan: Lot Size & Frontage: Topography: Hydrology: Street System: Pathway System: Other Applications ❑ Annexation Number of Units: Dwelling Type: X Rezone -b G-- Gi PH01-8 I✓? Old C�y K - 1✓(- V j Dl�i ❑ Conditional Use Permit ❑ Variance ❑ Lot Line Adjustment X Comprehensive Plant iendment -yarn Indurl-t-ia i -tv Cam rner.0 a.l • Application Checklist Review Other Agencies to Additional Pre -application Conference: v Not recommended Recommended Required Anticipated Submission Date: Pr;or' -to Dee— ISM, , ZX)M. Anticipated Planning & Zoning Date: MkI. ► Marc (� Additional Notes: Subunit GPA . �P(;ca.(�fricr -(v Dec 1S- The information provided during this meeting is based upon the current City ofMeridian Zoning d� Subdivision Ordinance and applicable Comprehensive Plan and is valid far 3 months Any subsequent changes to the Zoning or Subdivision Ordinance or Comprehensive Plan may affect iour application. (0 Par+ c f P D. Iand ufr e(cccp " '-W Thomas Family Real Estate Investments, L.L.C. Neighborhood Meeting Sunday, December 10, 2006 Sign In Sheet 1%ol" 1-e 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. signature RADIUS NOTICE REPORT 08-Feh-2007 Owners ASBELL DONALD R ASBELL ANNETTE C Property Address: ASBELL DONALD R ASBELL ANNETTE C Property Address: ASBELL DONALD R ASBELL ANNETTE C Property Address: DELSMAN JOHN W & ROLLENE TRUST DELSMAN JOHN W TRUSTEE Property Address: DELSMAN JOHN W & ROLLENE TRUST DELSMAN ROLLENE TRUSTEE Property Address: FRANKLIN STRATFORD INVESTMENTS LLC Property Address: HOUFBURG HOLLAND L HOUFBURG DEBRA L Property Address: MERIDIAN CEMETERY MAINT DIST Property Address: MERIDIAN CEMETERY MAINT DIST Property- Address: Owner Address 1074 W TWO RIVERS LN EAGLE, ID 83616-0000 600 1074 W TWO RIVERS LN EAGLE, ID 83616-0000 600 1074 W TWO RIVERS LN EAGLE, ID 83616-0000 600 1244 W HEMPSTEAD DR EAGLE, ID 83616-0000 600 1244 W HEMPSTEAD DR EAGLE, ID 83616-0000 600 8585 E HARTFORD DR 500 SCOTTSDALE, AZ 85255-0000 600 685 N LINDER RD EAGLE, ID 83616-4423 600 2658 E JULIET DR MERIDIAN, ID 83642-0000 600 2658 E JULIET DR MERIDIAN, ID 83642-0000 600 r Owners O,v 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 655 E KING ST PALMER TAWNEE A 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: 600 THOMAS FAMILY REAL ESTATE INVESTME 640 E FRANKLIN RD MERIDIAN, ID 83642-0000 Property Address: 600 2