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CITY CLERK FILE CHECKLIST Project Name: Busted Shovel Contact Name: William Kosterman Date Received from Planning and Zoning Department: Planning and Zoning Level: ❑X Transmittals to agencies and others: File No. Phone: C UP 07-004 724-6344 March 1, 2007 Hearing Date: April 19, 2007 March 5, 2007 0 Notice to newspaper with publish dates: 2-Apr-07 and 16-Apr-07 ❑ Certifieds to property owners: (WAI S 30?3 �� ❑ Planning and Zoning Commission Recommendation: R!J Approve ❑ Deny Notes: C City Council Level: ❑ Transmittals to agencies and thers: ❑ Notice to newspaper with pu l fish dates: ❑ Certifieds to property owners: ❑ City Council Action: Hearing ❑ Approve ❑ Findings / Conclusions / Order received from attorney on: Find ings / Conclusions LL/ Order: P4 ZZ by 1;, r il: Copies Disbursed: ❑ Findings Recorded �f Development Agreement: ❑ Sent for signatures: ❑ Signed by all parties: ❑ Approved by Council: ❑ Recorded: ❑ Copies Disbursed: Ordinance No. Resolution No. ❑ Approved by Council: ❑ Recorded: Deadline: 10 days ❑ Published in newspaper: ❑ Copies Disbursed: Notes: Deny Resoluflons: Cri91nal Res/ COPY Cert. Minutebook Copy Roe / Copy Cort Ciy Clerk Ciy Engineer C", Planner Ciy Anomey Sterhog Codfi— PrajectFile Depuy Clerk Copy Res /Original C., Ada Couny (CPAs) Ayplicanl(non-CPAs) R—id,d Ordo. CYipinal: Minutebook Copies ro: C y Clerk state Tex Comm. stale Treasurer, Audi.,. A.—O, sloding Codfiem C"AM ey Ciy Engineer Ciy Planner Prq-file ADplicant(i r appl.) Deputy Clerk Finr)nps / orders: Original Minutebook Cop le to'. Applicant Projecl file Ciy Engineer City Planner Ciy Attorney Deputy Clerk Record Vacation Find nys •• Recorded Development Agree ants: Original Fireproof File m Copies 1p:Aypllcant Pro/ecl file Ciy Engineer Clty Kanner Ci y Anomey Deputy Clerk CITY OF 0�l�l�-n TRANSMITTALS TO AGENCIES FOR COMMENTS ON IDAHO DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN fIa' i�e,�suHe V nu�Y To insure that your comments and recommendations will be considered by T 1903 the Meridian Plannin and Z C 1903 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 g oning ommisslon please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: April 12, 2007 Transmittal Date: March 5, 2007 File No.: CUP 07-004 Hearing Date: April 19, 2007 Request: Public Hearing - Conditional Use Permit for the operation of a bar, the Busted Shovel, in the O-T zone for the Busted Shovel By: William Kosterman Location of Property or Project: 704 Main Street 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/PPonly) 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 (208) 888-4433 CITY CLERK- FAX 888-4218 FINANCE & UTILITY BILLING -FAX 887-4813 MAYOR'S OFFICE -FAX 884-8119 Printed on recycled paper a 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 X Conditional Use Permit ❑ Conditional Use Pci-mit 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 Planning Department STAFF USE ONLY: File number(s): (,10P-0i- p0(-j IN Project name: r. Date filed: 2—,� "G?Date complete: 2:1&-0-1 Assigned Planner: _ -riy(L WIC,.-}'-1erS Related files: Hearing date: -1` - i EAommission ❑ Council Applicant Information Applicant name: William Kosterman Applicant address: 3048 Cobble Way, Meridian ID Phone: 724-6344 Applicant's interest in property: Y Own ❑ Rent ❑ Optioned ❑ Other Zip: 83642 Owner name: N/A Owner address: Phone: Zip: Agent name (e.g., architect, engineer, developer, representative): Firm name: N/A Address: Phone: Zip: Primary contact is: eApplicant ❑ Owner ❑ Agent ❑ Other Contact name: William Koster -man E-mail: billkost@cableone.net Phone: Fax: Subject Property Information Location/street address: 704 Main, Meridian, ID 83642 Assessor's parcel nuniber(s): R5672000545 Township, range, section: 3N/lE/07 Total acreage: .OS Current land use: Restaurant/bar Current zoning district: Old Town 660 E. Watertower Lane, Suite 202 . Meridian, Idaho 83642 Phone: (208) 884-5533 . Facsimile: (208) 888-6854 • Website: www.meridiancity.org I 2 or more Bedrooms: Proposed building height: Average property size (s.f.): Net density (DU/acre-excluding roads & alleys): Acreage of 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 Non-residential Project Description Project/subdivision name: N/A General description of proposed project/request: Request a conditional use permit to operate the restaurant located at 704 Main and commonly referred to as "The Busted Shovel' as a bar in accordance with Idaho law. Proposed zoning district(s): Acres of each zone proposed: .05 Type of use proposed (check all that apply): ❑ Residential X Commercial ❑ Office ❑ Industrial ❑ Other Amenities provided with this development (if applicable):N/A Who will own & maintain the pressurized irrigation system in this development? N/A, Which irrigation district does this property lie within? N/A Primary irrigation source: N/A Secondary: Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): N/A Residential Project Summary (if applicable) Number of residential units: N/A Number of building lots: Number of common and/or other lots: Proposed number of dwelling units (for multi -family developments only): 1 Bedroom: Minimum square footage of structure(s) (excl. garage): Minimum property size (s.f): _ Gross density (DU/acre-total land): Percentage of open space provided: Percentage of useable open space: ❑ Single-family ❑ Townhomes ❑ Duplexes ❑ Multi -family CO Summary (if applicable) Number of building lots:N/A Other lots: Gross floor area proposed: 261Qa Existin (ifipp licable): z4/0tO Hours of operation (days and hours): w ^ Z get. ` Building height: Percentage of site/project devoted to the following: Landscaping: Total number of e I Building: 1� � Paving: mp oyees. 1 Maximum number of employees at any one time: _� Number and ages of students/children (if applicable): �%��j1. �� Total number of parking spaces provided: Seating capacity:�� -_ " .!C Number of compact spaces provided: .uo Authorization Print applicant name: William Applicant signature: i 660 E. at ower L e, Suite 202 • Date: 3642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 e.ttWe Idaho ww.m ' Website: www.meridiancity.org 2 (Rev. 9/2//o6) M Description of Proposed Conditional Use Permit The Busted Shovel Bar and Grill The purpose of the conditional use permit is to allow the business "The Busted Shovel Bar and Grill" located at 704 Main, Meridian, ID to operate as a bar for purposes of smoking laws. The clientele at the Busted Shovel are primarily a working-class crowd and approximately 75% of the patrons smoke. The establishment currently does not allow persons under 21 years of age to enter. Although currently zoned Old Town, a conditional use permit is required to consider the operation a bar, not a restaurant, as defined by the Idaho state laws. Property Description: S 39' 5" of lots 1/2 BLK 4 Meridian Townsite Hearing Date: April 19, 2007 File No.: CUP-07-004 Project Name: Busted Shovel Request: Conditional Use Permit for the operation of a bar, the Busted Shovel, in the O-T zone, by William Kosterman. Location: 704 Main Street, in the SW %4 of Section 7, T.3N., R.1E. RECEIVED MAR, 0 1 2007 City Of Meridian City Clerk Office RECORDATION REQUESTED BY: BANK OF THE CASCADES DBA FARMERS & MERCHANTS, A BANK OF THE CASCADES COMPANY L/ Meridian 30 E Broadway Ave. %`A!► e Meridian, ID 83642 WHEN RECORDED MAIL TO: BANK OF THE CASCADES DBA FARMERS & MERCHANTS, A BANK OF THE CASCADES COMPANY Meridian E Broadway Ave. M Meridian, ID 83642 SEND TAX NOTICES TO: RICKY WILLIAMS, INC. 704 N MAIN ST MERIDIAN ID 83642 DEED OF TRUST THIS DEED OF TRUST is dated April 28, 2006, among RICKY WILLIAMS, INC., an Idaho Corporation, whose address is 704 N MAIN ST, MERIDIAN, ID 83642 ("Grantor"); BANK OF THE CASCADES DBA FARMERS & MERCHANTS, A BANK OF THE CASCADES COMPANY, whose address is Meridian, 30 E Broadway Ave„ Meridian, ID 83642 (referred to below sometimes as "Lender" and sometimes as "Beneficiary TRANSNATION TITLE & ESCROW INC., whose address is 8665 W EMERALD SUITE 200, BOISE, ID83704 (referred to below as "Trustee"). CONVEYANCE AND GRANT. For valuable consideration, Grantor does hereby irrevocably grant, bargain, sell and convey in trust, with power of sale, to Trustee for the benefit of Lender as Beneficiary, all of Grantor's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in ADA County, State of Idaho: THAT PORTION OF LOTS 1 AND 2 IN BLOCK 4 OF THE AMENDED PLAT OF THE TOWNSITE OF MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, FILED IN BOOK 1 OF PLATS AT PAGE 30, RECORDS OF ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 1; THENCE NORTH ALONG THE WEST LINE OF SAID LOT 1 A DISTANCE OF 39 FEET AND 5 INCHES TO A POINT ON THE WEST LINE OF SAID LOT 1 THAT INTERSECTS A POINT MARKING THE SOUTH LINE OF THE PARTITION BASEMENT WALL ON SAID LOTS 1 AND 2 RUNNING EAST AND WEST; RUNNING THENCE EAST ALONG THE SOUTH LINE OF SAID PARTITION BASEMENT WALL A DISTANCE OF 60 FEET TO THE EAST LINE OF LOT 2 IN SAID BLOCK 4; RUNNING THENCE SOUTH 39 FEET AND 5 INCHES ALONG THE EAST SIDE OF SAID LOT 2 TO THE SOUTHEAST CORNER OF SAID LOT 2; RUNNNG THENCE WEST ALONG THE SOUTH LINE OF SAID LOTS 1 AND 2 A DISTANCE TO 60 FEET TO THE PLACE OF BEGINNING. The Real Property or its address is commonly known as 704 N MAIN ST, MERIDIAN, ID 83642. Grantor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Grantor's right, title, and interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Grantor shall p to Lender all amounts secured by this Pay Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Grantor's obligations under the Note, this Deed of Trust, and the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain in possession and control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property. The following provisions relate to the use of the Property or to other limitations on the Property. THE REAL PROPERTY EITHER IS NOT MORE THAN FORTY (40) ACRES IN AREA OR IS I-/ Loan No: 5051443312 DEED OF TRUST (Continued) Page 2 LOCATED WITHIN AN INCORPORATED CITY OR VILLAGE. Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Compliance With Environmental Laws. Grantor represents and warrants to Lender that: (1) During the period of Grantor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (2) Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Grantor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, abut or from the Property; and (b) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Grantor authorizes Lender and its agents to enter upon the Property to make such inspections and tests, at Grantor's expense, as Lender may deem appropriate to determine compliance of the Property with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Grantor or to any other person. The representations and warranties contained herein are based on Grantor's due diligence in investigating the Property for Hazardous Substances. Grantor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under any such laws; and (2) agrees to indemnify and hold harmless Lender against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Grantor's ownership or interest in the Property, whether or not the same was or should have been known to Grantor. The provisions of this section of the Deed of Trust, including the obligation to indemnify, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise. Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Grantor will not remove, or grant to any other party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent. Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without Lender's prior written consent. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value. to Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to attend Lender's interests and to inspect the Real Property for purposes of Grantor's compliance with the terms and conditions of this Deed of Trust. Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property, including without limitation, the Americans With Disabilities Act. Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest. Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other acts, in addition to those acts Set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property. DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums secured by this Deed of Trust upon the sale or transfer, without Lender's Pior written Property. A "sale or transfer" means the conveyancer rof Real Property ortany right ry part of the Real Property, or any interest in the Real title or interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a term greater than three (3) years, lease -option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real Property. If any Grantor is a corporation, partnership or limited liability company, transfer also includes any change in ownership of more than twenty-five percent (25%) of the voting stock, partnership interests or limited liability company interests, as the case may be, of such Grantor. However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Idaho law. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of Trust: Payment. Grantor shall pay when due (and in all events water and sewer), fines and impositions levied against or on prior c untdofithe Prope ty,alltaxesand shalllle a i taxes, assessments, charges (including tfor services rendered or material furnished to the Property. Grantor shall maintain the Property free of all liens having priority over or equal the interest of Lender under this Deed of Trust, except for the lien of taxes and assessments not due and ey when due xcept ep asl claims fotherw otherwise or this Deed of Trust. Right to Contest. Grantor may withhold provided in payment of any tax, assessment, or claim in connection with a obligation to pay, so long as Lender's interest in the Property Grantor shall within fifteen lien days after the lien arises or, if a lien is filed, within fifteen (15) days after Grantardhasinotdice of the fitinispute over h� P y is not jeopardized. If a lien arises or is filed as a result of nonpayment, secure the discharge of the lien, or if requested by Lender, deposit with Lender cash if a sufficient corporate surety bond notice or other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and reasonable attorneys' fees, or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest, Grantor shall defend itself and Lender and shall satisfy an adverse judgment before enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety bond furnished in the contest proceedings. y Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall Loan No: 5051443312 DEED OF TRUST (Continued) Page 3 authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property. Notice of Construction. Grantor shall notify Lender at least fifteen (15) days before any work is commenced, any services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on account of the work, services, or materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of Trust. Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Grantor shall also procure and maintain comprehensive general liability insurance in such coverage amounts as Lender may request with Trustee and Lender being named as additional insureds in such liability insurance policies. Additionally, Grantor shall maintain such other insurance, including but not limited to hazard, business interruption, and boiler insurance, as Lender may reasonably require. Policies shall be written in form, amounts, coverages and basis reasonably acceptable to Lender and issued by a company or companies reasonably acceptable to Lender. Grantor, upon request of Lender, will deliver to Lender from time to time the policies or certificates of insurance in form satisfactory to Lender, including stipulations that coverages will not be cancelled or diminished without at least fifteen (151 days written notice to Lender. Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or default of Grantor or any other person. Should the Real Property be located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, if available, within 45 days after notice is given by Lender that the Property is located in a special flood hazard area, for the full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits set under Application of Proceeds. the National Flood insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of the loan. Grantor shall promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss if Grantor fails to do so within fifteen (15) days of the casualty. Whether or not Lender's security is impaired, Lender may, at Lender's election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration and repair of the Property. if Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor is not in default under this Deed of Trust. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Deed of Trust, then to pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the Indebtedness. If Lender holds any Proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Grantor as Grantor's interests may appear. Grantor's Report on Insurance. Upon request of Lender, however not more than once a year, Grantor shall furnish to Lender a report on each existing policy of insurance showing: (11 the name of the insurer; (2) the risks insured; (3) the amount of the policy; (4) the property insured, the then current replacement value of such property, and the manner of determining that value; and (5) the expiration date of the policy. Grantor shall, upon request of Lender, have an independent appraiser satisfactory to Lender determine the cash value replacement cost of the Property. LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in the Property or if Grantor fails to comply with any provision of this Deed of Trust or any Related Documents, including but not limited to Grantor's failure to discharge or Pay when due any amounts Grantor is required to discharge or pay under this Deed of Trust or any Related Documents, Lender on Grantor's behalf may (but shall not be obligated to) take any action that Lender deems appropriate, including but not limited to discharging or paying all taxes, liens, security interests, encumbrances and other claims, at any time levied or placed on the Property and paying all costs for insuring, maintaining and preserving the Property. All such expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (8) be added to the balance of the Note and be apportioned and be payable with any installment payments to become due during either (1) the term of any applicable insurance policy; remaining term of the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. The D ed of T the ustt also will secure payment of these amounts. Such right shall be in addition to all other rights and remedies to which Lender aybe entitled) upon Default. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed of Trust: Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property in fee simple, free and clear of all liens and encumbrances other than those set forth in the Real Property description or in any title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Deed of Trust, and (b) Grantor has the full right, power, and authority to execute and deliver this Deed of Trust to Lender. p Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or Trustee or Lender under this Deed of Trust, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal a such Proceeding is commenced that questions Grantor's title or the interest of Lender's ownichoicet Lender and Grantorlwill delivery or cause participate be in thered, proceeding Lender such b instruments in the party in time to permit such participation, proceeding by counsel of uments as Lender may request from time to Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorities. Survival of Representations and Warranties. All representations, warranties, and agreements made by Grantor in this Deed of Trust shall survive the execution and delivery of this Deed of Trust, shall be continuing in nature, and shall remain in full force and effect until such time as Grantor's Indebtedness shall be paid in full. CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust: Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing, and Grantor shall promptly take p such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal art P yin such proceeding, but Loan No: 5051443312 DEED OF TRUST !Continued) Page 4 Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Grantor will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from time to time to permit such participation. Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property, The net proceeds of the award shall mean the award after payment of all reasonable costs, expenses, and attorneys' fees incurred by Trustee or Lender in connection with the condemnation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees and charges are a part of this Deed of Trust: Current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to this Deed of Trust and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Grantor shall reimburse Lender for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Deed of Trust, including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Deed of Trust. Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Deed of Trust or upon all or any part of the Indebtedness secured by this Deed of Trust; (2) a specific tax on Grantor which Grantor is authorized or required to deduct from payments on the Indebtedness secured by this type of Deed of Trust; (3) a tax on this type of Deed of Trust chargeable against the Lender or the holder of the Note; and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Grantor. Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Deed of Trust, this event shall have the same effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless Grantor either (1) pays the tax before it becomes delinquent, or (2) contests the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security agreement are a part of this Deed of Trust: Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. Security Interest. Upon request by Lender, Grantor shall take whatever action is requested by Lender to perfect and continue Lender's security interest in the Rents and Personal Property. In addition to recording this Deed of Trust in the real property records, Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this Deed of Trust as a financing statement. Grantor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon default, Grantor shall not remove, sever or detach the Personal Property from the Property. Upon default. Grantor shall assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Grantor and Lender and make it available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable law. Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party) from which information concerning the security interest granted by this Deed of Trust may be obtained (each as required by the Uniform Commercial Code) are as staled on the first page of this Deed of Trust. FURTHER ASSURANCES; ATTORNEY -IN -FACT. The following provisions relating to further assurances and attorney -in -tact are a part of this Deed of Trust: Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, ar will cause to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue, or preserve (1) Grantor's obligations under the Note, this Deed of Trust, and the Related Documents, and 2 security interests created by this Deed of Trust as first and prior liens on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law or Lender agrees to the contrary() the liens and incurred in connection with the matters referred to in this paragraph�n venting, Grantor shall reimburse Lender for all costs and expenses Attorney -in -Fact. If Grantor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocablya Purpose of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in the preceding appoints Lender as Grantor's attorney -in -fact for the paragraph. FULL PERFORMANCE, If Grantor pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Grantor under this Deed of Trust, Lender shall execute and deliver to Trustee a request for full reconveyance and shall execute and deliver to Grantor suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the Personal Property, Any reconveyance fee required by law shall be paid by Grantor, if permitted by applicable law. EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Deed of Trust: Payment Default. Grantor fails to make any payment when due under the indebtedness. Other Defaults. Grantor fails to comply with or to perform any other term, obligation, covenant or condition contained in this Deed of or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in an agreement between Lender and Grantor. Trust Compliance Default. Failure to comply Y other any of the Related Documents. p y with any other term, obligation, covenant or condition contained in this Deed of Trust, the Nate or in Default on Other Payments. Failure of Grantor within the time required by this Deed of Trust to make an Payment axes or or any other payment necessary to prevent filing False Statementsof or to effect discharge of any lien. . Any warranty, representation or statement made or furnished to Lender by Grantor or on Grantor'sinsurance, behalf under this Loan No: 5051443312 DEED OF TRUST ... (Continued) Page 5 becomes false or misleading at any time thereafter. Deed of Trust or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished or Defective Collateralization. This Deed of Trust or any of the Related Documents ceases to be in full force and effect (including failure of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason. Insolvency. The dissolution or termination of Grantor's existence as a going business, the insolvency of Grantor, the appointment of a receiver for any part of Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Grantor. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether b repossession or any other method, by any creditor of Grantor orb an Y judicial proceeding, self-help, tagencyIndebtedness. This includes a garnishment of any of Grantor's accounts, including deposit accounts, with Lender. y property securing the Lender. However, this Event of Default shall not apply if there is a good faith dispute by Grantor as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Grantor gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and Lender that is not remedied within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other obligation of Grantor to Lender, whether existing now or later. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. In the event of a death, Lender, at its option, may, but shall not be required to, permit the Guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event of Default. Adverse Change. A material adverse change occurs in Grantor's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is impaired. Insecurity. Lender in good faith believes itself insecure. Right to Cure. if any default, other than a default in payment is curable and if Grantor has not been given a notice of a breach of the same provision of this Deed of Trust within the preceding twelve (12) months, it may be cured if Grantor, after receiving written notice from Lender demanding cure of such default: (1) cures the default within fifteen (15) days; or (2) if the cure requires more than fifteen (15) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. thereafter RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at any time thereafter, Trustee or Lender may exercise any one or more of the following rights and remedies: Notice of Default. In the Event of Default Lender shall execute or cause the Trustee to execute a written notice of such default and of Lender's election to cause the Property to be sold to satisfy the Indebtedness, and shall cause such notice to be recorded in the office of the recorder of each county wherein the Real Property, or any part thereof, is situated. Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Deed of Trust, after Grantor's failure to perform, shall not affect Lender's right to declare a default and exercise its remedies. Accelerate Indebtedness. Lender shall have the right at its option without notice to Grantor to declare the entire Indebtedness immediately due and payable, including any prepayment penalty which Grantor would be required to pay. Foreclosure. With respect to all or any part of the Real Property, the Trustee shall have the right to foreclose by notice and sale, and Lender shall have the right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent applicable law. UCC Remedies. With respect to all or an Provided by y part of the Personal Property, Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code, Collect Rents. Lender shall have the right, without notice to Grantor to take possession of and manage the Property including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against th furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees e Indebtedness. In directly to Lender. if the Rents are collected by Lender, then Grantor irrevocably designates Lender as Grantor's attorney -in -fact to endorse instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either in person, by agent, or thro receiver, ugh a Appoint Receiver. Lender shalt have the right to have a receiver appointedPowerpreserve to take possession of all or an Property and apply the proceeds, over and above the cost n the receivership, against the Indebtedness. The are eiverrt of emayps© serve werty it hoth ne Property preceding foreclosure or sale, and to collect the Rents from the bond if permitted by law. Lender's right to the a exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver. without appointment of a receiver shall exist whether or not the apparent value of the Property Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided above or Lender of becomes entitled to possession of the Property upon default of Grantor, Grantor shall become a tenant at Sufferance of Lend Purchaser of the Property and shalt, at Lender's option, either (1) otherwise Property immediately upon the demand of Lender, pay a reasonable rental for the use of the Property, or ar or the Other Remedies. Trustee or Lender shall have any other right or erred 12) vacate the Notice of Sale. Lender shall give Grantor reasonable notice of the time and place ioftan Deed of Trust or the Note or by law. after which any private sale or other intended disposition of the Personal Property is to be made. Reasonable notice shall mean notice given at least ten (10) days before the time of the sale or disposition. Any sale of the Personal Property may rbenmade Property co j of the time public a conjunction with ..i u Loan No: 5051443312 DEED OF TRUST (Continued) Page 6 any sale of the Real Property. — Sale of the Property. To the extent permitted by applicable law, Grantor hereby waives any and all rights to have the Property marshalled. In exercising its rights and remedies, the Trustee or Lender shall be free to sell all or any part of the Property together or separately, in one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property. Notice of sale having been given as then required by law, and not less than the time required by law having elapsed, Trustee, without demand on Grantor, shall sell the property at the time and place fixed by it in the notice of sale at public auction to the highest bidder for cash in lawful money of the United States, payable at time of sale. Trustee shall deliver to the purchaser his or her deed conveying the Property so sold, but without any covenant or warranty express or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness of such matters or facts. After deducting all costs, fees and expenses of Trustee and of this Trust, including cost of evidence of title and reasonable attorneys' fees, including those in connection with the sale, Trustee shall apply proceeds of sale to payment of (a) all sums expended under this Deed of Trust, not then repaid with interest thereon as provided in this Deed of Trust; (b) all Indebtedness secured hereby; and (c) the remainder, if any, to the person or persons legally entitled thereto. Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of Trust. Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law, Lender's reasonable attorneys' fees and Lender's legal expenses whether or not there is a lawsuit, including reasonable attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post -judgment collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by law. Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this section. POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are part of this Deed of Trust: Powers of Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee shall have the power to take the following actions with respect to the Property upon the written request of Lender and Grantor: (a) join in preparing and filing a map or plat of the Real Property, including the dedication of streets or other rights to the public; (b) join in granting any easement or creating any restriction on the Real Property; and (c) join in any subordination or other agreement affecting this Deed of Trust or the interest of Lender under this Deed of Trust. Obligations to Notify. Trustee shall not be obligated to notify any other party of a pending sale under any other trust deed or lien, or of any action or proceeding in which Grantor, Lender, or Trustee shall be a party, unless the action or proceeding is brought by Trustee. Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights and remedies set forth above, with respect to all or any part of the Property, the Trustee shall have the right to foreclose by notice and sale, and Lender shall have the right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable law. Successor Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee appointed under this Deed of Trust by an instrument executed and acknowledged by Lender and recorded in the office of the recorder of ADA County, State of Idaho. The instrument shall contain, in addition to all other matters required by state law, the names of the original Lender, Trustee, and Grantor, the book and page where this Deed of Trust is recorded, and the name and address of the successor trustee, and the instrument shall be executed and acknowledged by Lender or its successors in interest, The successor trustee, without conveyance of the Property, shall succeed to all the title, power, and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for substitution of Trustee shall govern to the exclusion of all other provisions for substitution. NOTICES. Any notice required to be given under this Deed of Trust, including without limitation any notice of default and any notice of sale shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail; as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. All copies of notices of foreclosure from the holder of any lien which has priority over this Deed of Trust shall be sent to Lender's address, as shaven near the beginning of this Deed of Trust. Any party may change its address for notices under this Deed of Trust b parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Grantor agrees to keep Lender informed y giving formal written notice to the other at all times of Grantor's current address. Unless otherwise provided or required by law, if there is more than one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to all Grantors. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust: Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Deed of Trust. No alteration of or amendment to this Deed of Trust shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Annual Reports. if the Property is used for Purposes other than Grantor's residence, Grantor shall furnish to Lender, upon request, a certified statement of net operating income received from the Property during Grantor's previous fiscal year dsuch form and detail as Lender shall require. "Net operating income" shall mean all cash receipts from the Property Jess all cash expenditures made in connection i with the operation of the Property, Arbitration. Grantor and Lender agree that all disputes, claims and controversies between them whether individual, joint, or I arising from this Deed of Trust or otherwise, including without limitation contract and tort disputes, shall be arbitrated pursuant to the Rules of the American Arbitration Association in effect at the time the claim is filed, upon request of either artclass in nature, any Property shall constitute a waiver of this arbitration agreement or be prohibited by this arbitration agreement.act This take or includes, with limitation, obtaining injunctive relief or a temporary restraining order; invoking a power of sale under any deed Oftrustor dispose of obtaining a writ of attachment or imposition of a receiver; or exercising any rights relatingto out disposing of such property with or without judicial process pursuant to Article 9 of the Uniform Commercial Code. An di mortgage; controversies concerning the lawfulness or reasonableness of any act, or exercise of an right, concerning personal property, including taking or to rescind, reform, or otherwise modify any agreement relating to the Property, Y disputes, claims, or Y g g any Property, r that shall also be arbitrated, provided however that no arbitrator claim ..s Loan No: 5051443312 OFFO OF TRUST (Continued) Page 7 shall have the right or the power to enjoin or restrain any act of any party. Judgment upon any award rendered by any arbitrator` r may be entered in any court having jurisdiction. Nothing in this Deed of Trust shall preclude any party from seeking equitable relief from a court of competent jurisdiction. The statute of limitations, estoppel, waiver, laches, and similar doctrines which would otherwise be applicable in an action brought by a party shall be applicable in any arbitration proceeding, and the commencement of an arbitration proceeding shall be deemed the commencement of an action for these purposes. The Federal Arbitration Act shall apply to the construction, interpretation, and enforcement of this arbitration provision. Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to interpret or define the provisions of this Deed of Trust. Merger. There shall be no merger of the interest or estate created by this Deed of Trust with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender. Governing Law. This Deed of Trust will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the State of Idaho without regard to its conflicts of law provisions. This Deed of Trust has been accepted by Lender in the State of Idaho. Choice of Venue. If there is a lawsuit, Grantor agrees upon Lender's request to submit to the jurisdiction of the courts of Ada County, State of Idaho. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Deed of Trust shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Deed of Trust. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Deed of Trust, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Severabiiity. If a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal, invalid, or unenforceable as to any circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be considered deleted from this Deed of Trust. Unless otherwise required by law, the illegality, invalidity, or unenforceability of any provision of this Deed of Trust shall not affect the legality, validity or enforceability of any other provision of this Deed of Trust. Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Grantor's interest, this Deed of Trust shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes vested in a person other than Grantor, Lender, without notice to Grantor, may deal with Grantor's successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this Deed of Trust or liability under the Indebtedness, Time is of the Essence. Time is of the essence in the performance of this Deed of Trust. Waiver of Homestead Exemption. Grantor hereby releases and waives all rights and benefits of the homestead exemption laws of the State of Idaho as to all Indebtedness secured by this Deed of Trust. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Deed of Trust. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise defined in this Deed of Trust shall have the meanings attributed to such terms in the Uniform Commercial Code: Beneficiary. The word "Beneficiary" means BANK OF THE CASCADES DBA FARMERS & MERCHANTS, A BANK OF THE CASCADES COMPANY, and its successors and assigns. Borrower. The word "Borrower" means RICKY WILLIAMS, INC. and includes all co-signers and co -makers signing the Note and all their successors and assigns. Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Grantor, Lender, and Trustee, and includes without limitation all assignment and security interest provisions relating to the Personal Property and Rents. Default. The word "Default" means the Default set forth in this Deed of Trust in the section titled "Default". Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et se Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et $e q ("CERCLA"}, the Superfund Amendments and q., or other applicable state or federal laws, rules, or regulations adopted pursuant thereto. Event of Default. The words "Event of Default" mean any of the events of default set forth in this Deed of Trust in the events of default section of this Deed of Trust. Grantor. The word "Grantor" means RICKY WILLIAMS, INC., Guarantor. The word "Guarantor" means any guarantor, surety, or accommodation party of any or all of the Indebtedness. Guaranty. The word "Guaranty" means the guaranty from Guarantor to Lender, including without limitation a guaranty of all or Note. Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration part of the chemical or infectious characteristics, may cause or improperly used, treated, stored, disposed of, generated, a present or potential hazard to human health or the environment ywso I hen Substances" are used in their very broadest sense and include without limitation any and all hazardous or toxic substances, generated, manufactured, transported or otherwise handled. The words "Hazardous Hess, materials or Loan No: 5051443312 DEED OF TRUST (Continued) Page 8 waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum petroleum and petroleum by-products or any fraction thereof and asbestos. Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real Property. Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by Trustee or Lender to enforce Grantor's obligations under this Deed of Trust, together with interest on such amounts as provided in this Deed of Trust. Lender. The word "Lender" means BANK OF THE CASCADES DBA FARMERS & MERCHANTS, A BANK OF THE CASCADES COMPANY, its successors and assigns. Note. The word "Note" means the promissory note dated April 28, 2006, in the original principal amount of $283,255.50 from Grantor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. The maturity date of this Deed of Trust is April 28, 2016. NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE. Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (including without limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. Property. The word "Property" means collectively the Real Property and the Personal Property. Real Property, The words "Real Property" mean the real property, interests and rights, as further described in this Deed of Trust. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. Rents, The word "Rents" means all present and future rents, revenues, income, the Property. issues, royalties, profits, and other benefits derived from Trustee. The word "Trustee" means TRANSNATION TITLE & ESCROW INC., whose address is 8665 W EMERALD SUITE 200, BOISE, ID 83704 and any substitute or successor trustees. GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND GRANTOR AGREES TO ITS TERMS. GRANTOR: RICKY WILLIAMS, INC. By: COPY RICKY VARGA50N, PRESIDENT of RICKY BY: COPY WILLIAMS, INC. WILLIAM R KOSTERMAN, SECRETART/TREASURER of RICKY WILLIAMS, INC. CORPORATE ACKNOWLEDGMENT STATE OF COUNTY OF )SS On this _ day of _, in the year 20 before me RICKY WILLIAMS, INC., known or identified torymeubloo m and for the State of Idaho, personally appeared RICKY 1VARGASto me on the oath of ON, PRESIDENT of authorized signer of RICKY WILLIAMS, INC„ the corporationrthatexecut d the instrument or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. } to be an Notary Public for Idaho Residing at My commission expires Loan No: 5051443312 DEED OF TRUST _ _ (Continued) Page 9 CORPORATE ACKNOWLEDGMENT STATE OF COUNTY OF )SS On this _ _ day of a notary public in the year 20 before me in and for the State of Idaho, SECRETART/TREASURER of RICKY WILLiAMS, INC., known or identified to me (or proved to meon—personally the ppearedoath of WILLIAM R KOSTERMAN, LLIAMS, INC., the corporati u or the person who executed the instrument on behalf ofto be an tsaid corporation, and acknowledged horized signer of RICKY lto me that such corporation executed the same. ent Notary Public for Idaho Residing at My commission expires REQUEST FOR FULL RECONVEYANCE To: (To be used only when obligations have been paid in full) -- , Trustee The undersigned is the legal owner and holder of all Indebtedness secured by this Deed of Trust. All sums secured by this Deed of Trust have been fully paid and satisfied. You are hereby directed, upon payment to you of any sums owing to you under the terms of this Deed of Trust or pursuant to any applicable statute, to cancel the Note secured by this Deed of Trust (which is delivered to you together with this Deed of Trust), and to reconvey, without warranty, to the parties designated by the terms of this Deed of Trust, the estate now held by you under this Deed of Trust. Please mail the reconveyance and Related Documents to: Date: L.— non , — Beneficiary: By: Its: -• w.. n�reno •nanclal SQIV4 oa. hc. 1997, 2006. 0.9 Rip,ta Rnvvetl. 10 C'\CFRLPL1W1 FC M_18399 cR ] AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) COUNTY OF ADA ) cob61� (name) (address) � r rah /.-). 0 (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_Z Sfe/-^Chi 8 /4Pr�diGh (name) (addres ) to submit the accompanying application(s) pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. 3• I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this 1Z 20.�27_ (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. r oco 0 ovc a�jo Oe0 �X a �L�ee• OT.V ® ary Pub c fo daho) 0 ■ _ Residing at: �,O� ■ oe �•� � Cam My Commission Expires: '" �— 17 131 eeJ►`: vyg e Page I of 1 704 Main, Meridian, Idaho The Busted Shovel Application for Conditional Use Applicant: William Kosterman 3048 Cobble Way Meridian, ID 83642 208-724-6344 Current Zoning: O-T 6! http://208. "6.142.152/imf/imfprintMap.jsp?title=704 Main, Meridian, Idaho 1/5/2007 City of Meridian Pre Project/Subdivision Name: !HF Applicant/Contact: A)11-"A&4 City Staff: l-4C Location: �AwA- Existing Zoning: Proposed Zoning: N lication Meetin Notes Property Size: 0'S— .acre CS" Surrounding Uses:rL / Garr Comprehensive Plan Designation(s): C Street Buffers and/or Land Use Buffers: _ Open Space/Amenities/Pathways:/ /� Street System/Stub Streets/Access: Sewer and Water Service: Topography/Hydrology/Floodplain Issues: Canals/Ditches/Irrigation and/or Hazards: History: Additional Meeting Notes; Cw Ra b 778 Date: 2-//,2-/D Contiguous and Within AOI (AZ only): Number of Units and/or Lots: Dwelling Type (if residential): Other Agencies/Departments to Contact (circle): Ada County Highway District Idaho Transportation Department Nampa and Meridian Irrigation Settlers Irrigation Sanitary Services Corporation Central District Health Fire Department Police Department Applications Required (circle all that apply): Accessory Use Alternative Compliance Design Review Annexation Certificate Final Plat Modification Misc. (DA Modification) of Zoning Compliance Comp Plan Map Amendment Planned Unit Development ext Amendment Preliminary Plat Private Street Conditional Use Permit Rezone Additional Pre -Application Conference (circle one): Required Anticipated Submission Date: Im Parks Department Public Works Department Building Department Other: Short Plat Time Extension UDC Text Amendment Vacation Variance Other: Not Required ng ate. NOTES: 1) Applicants are required to hold a neighborhood meeting, in accordance with UDC submittal of an application requiring a public hearing. 2) Except for UDC Text Amendments, Comprehensive P Text Amendments and Vacation applications, all other applications requiring a public hearingshall be p prior to accordance with UDC 11-5A-5 D. 3) The information provided during this meeting is based on current Citye a Comprehensive Plan. Any subsequent changes to City Code and/or the Comprehensive Plan shall c posted in submittal and/or application. This pre -application meeting shall be valid for 6 months. Code and may affect your Anticipated Hear; D u � 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. App scant/agent gnature Date Al.Name � . L--rv� � I I�e-v Clio Address Phone # -�p8— g(y1y7 Z Signature Z 7 Date Con Name Address Phone # Signature Date Name- 1 Address 71 1D \ �Lj (I�bll3Gy� Phone# Comments: — e kA P �- I �- C-� Date RADIUS NOTICE REPORT FILE NAME: 704NM 01 Mar-2007 Owners Owner Address Property Address: 704NM Property Address: 704NM ALIDJANI MOHAMMAD PO BOX 238 HASHEMI MASSOUD S R MERIDIAN, ID 83680-0000 Property Address: 704NM ALIDJANI MOHAMMAD PO BOX 238 HASHEMI MASSOUD S R MERIDIAN, ID 83680-0000 Property Address: 704NM ALIDJANI MOHAMMAD HASHEMI MASSOUD S R PO BOX 238 MERIDIAN, ID 83680-0000 Property Address: 704NM BOANERGES LLC P O BOX 1193 MERIDIAN, ID 83680-0000 Property Address: 704NM BOANERGES LLC P O BOX 1193 MERIDIAN, ID 83680-0000 Property Address: 704NM BUICH DAVID BUICH KAREN 3100 N GLEN STUART LN EAGLE, ID 83616-0000 Property Address: 704NM DYNAMITE MARKETING INC 310 E WATERTOWER ST MERIDIAN, ID 83642-6283 Property Address: 704NM 1 Owners Owner Address FARMERS & MERCHANTS STATE BANK PO BOX 369 BEND, OR 97709-0000 Property Address: FICKEN FRANK BUICH DAVID Property Address: FIRST FED SAV & LOAN ASSN Property Address: GENERATIONS BUILDING LLC Property Address: IDAHO INDEPENDENT BANK Property Address: KLINE DAVID A TRUST KLINE DAVID A TRUSTEE Property Address: KLINE DAVID A TRUST KLINE DAVID A TRUSTEE Property Address: LISBY DOLORES E Property Address: LISBY DOLORES E Property Address: MARKS RICHARD F & MARKS MARIAN J Property Address: 704NM 2724 LAVENDER DRIVE WALNUT CREEK, CA 94596-0000 704NM 425 PIKE ST SEATTLE, WA 98101-2334 704NM 910 MAIN ST STE 358 BOISE, ID 83702-0000 704NM PO BOX 2950 HAYDEN LAKE, ID 83835-2950 704NM 1635 S GIBSON WAY MERIDIAN, ID 83642-0000 704NM 1635 S GIBSON WAY MERIDIAN, ID 83642-0000 704NM 4240 MEADOW WOOD DR MERIDIAN, ID 83646-5820 704NM 4240 MEADOW WOOD DR MERIDIAN, ID 83646-5820 704NM PO BOX 556 MERIDIAN, ID 83680-0556 704NM 2 Owners Owner Address MCFADDEN CLEORA S 615 W CHERRY LN MERIDIAN, ID 83642-0000 Property Address: 704NM MCFADDEN CLEORA W 615 W CHERRY LN MERIDIAN, ID 83642-0000 Property Address: 704NM MCFADDEN CLEORA W 615 W CHERRY LN MERIDIAN, ID 83642-0000 Property Address: 704NM MERIDIAN CITY 33 E IDAHO MERIDIAN, ID 83642-0000 Property Address: 704NM MERIDIAN CITY 33 E IDAHO AVE MERIDIAN, ID 83642-2631 Property Address: 704NM MERIDIAN CITY 33 E IDAHO AVE MERIDIAN, ID 83642-2631 Property Address: 704NM MERIDIAN CITY 33 E IDAHO AVE MERIDIAN, ID 83642-2631 Property Address: 704NM MERIDIAN CITY 33 E IDAHO AVE MERIDIAN, ID 83642-2631 Property Address: 704NM MITTLEIDER GARY L MITTLEIDER BRENDA 400 N COW HORSE DR KUNA, ID 83634-0000 Property Address: MCI KENT D & 704NM MURRI VIRGINIA LEE 139 E IDAHO AVE MERIDIAN, ID 83642-2633 Property Address: 704NM 3 Owners NIELSEN ROGER B NIELSEN KARLA S Property Address: NORA LLC Property Address: KICKY WILLIAMS INC Property Address: SAGEHEN INC BUCHANAN DARWIN Property Address: THUNDERBIRD BLUE LLC Property Address: Owner Address 5377 W EL GATO LN MERIDIAN, ID 83642-5347 704NM 564 SIERRA DR BOISE,ID 83705-0000 704NM 3048 COBBLE WAY MERIDIAN, ID 83642-0000 704NM PO BOX 10 MERIDIAN, ID 83680-0010 704NM PO BOX 765 MERIDIAN, ID 83680-0000 704NM