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HomeMy WebLinkAboutPZ - Property Boundary Adjustment October 27, 2022 Cole Valley Christian School 200 E. Carlton Ave. Meridian, Idaho 83642 Property Boundary Adjustment for 7080 W. McMillian Road (parcels SO429427800 - CVCS and SO429438725 — Dean R. Bentley). The properties are generally located NE of N Owyhee Storm Ave. and W. McMillian Road. Both parties agree to the following provisions for the property boundary adjustment between Cole Valley Christian Schools and Dean R. Bentley. 1. Land Swap configuration per Exhibit B, Dated October 11, 2022 prepared by the Land Group. 2. Mr. Dean R. Bentley reserves the right to transplant trees from the area to be traded on the west property line for one year from the date of land transfer or until construction of the extension of Owyhee Storm Avenue begins, whichever is later. 3. The portion of property between the existing irrigation ditch on the north side of the Bentley parcel and the new north property line (area north of the existing ditch) shall be filled with topsoil and compacted to be 0.5 feet above the existing elevation of the north side of the ditch. This work shall be completed by Cole Valley Christian Schools. Signatures: A0 R Dean Bentley Allen L. Howlett, Superintendent Cole Valley Christian Schools Date: / 0 2 — Date: ,� dak PROPERTY BOUNDARY ADJUSTMENT CHECKLIST (ACC 8 4Q A Property Boundary Adjustment Request is a staff level application. GENERAL INFORMATION: Applicant: DESCRIPTION Staff: MASTER APPLICATION FORM DETAILED LETTER by the applicant fully describing the request or project and addressing the following: Reason for the property boundag adjustment request Is a vacation or ante involved with the property bouandary adjustment: YES 0 NO R Does roposed boundary adjustment comply with substantial conformance: YES J4 NO © See definition for"substantial colt orinance in ACC SAAA SITE PLAN:Full-sized, scaled plot plan,showing all existing and proposed easements, property lines, structures,septic and well locations, and existing and proposed driveways drawn to scale, including one copy reduced to 811Y" x 11." ORIGINAL RECORDED PLAT if PBA includes Elatted lots). Include all pages of recorded plat PROPERTY#1,SITE INFORMATION.- Tax Parcel Number: SO429438725 Total Acreage: Beginning 8.02;New Area 8.61 Site Address: 7080 W McMillan Road City: Meridian Township: 4N Section: 1 W Range: 29 Zoning District: RUT Subdivision Name(if applicable): N/A Lot: BIock: Owner(s)of record: (all owners t'nust sign)nasterapplication form) Names : R Dean Bentley PROPERTY#2,SITE INFORMATION: Tax Parcel Number: S0429427800 Total Acreage: Beginning 71.88•New Area 71.28 Site Address: 7080 W McMillan Road City: Meridian Township. 4N Section: 1 W Range: 29 Zoning District: RUT Subdivision Name (if applicable): N/A Lot: Block: Owner(s)of record: (all owners inust sign inaster application form) Names : Cole Valley Christian Schools,Inc. APPLICATION FEE: 309 ($300+$9 GIS Fee) NOTE: Building, Engineering, and Surveying applications and fees stay be regatired and are separate froin Planning&Zoning ApElications and Fees. Supplementary information at the discretion of the Director or County Engineer may be required to sufficiently detail the proposed development within any special development area,including but not limited to hillside, planned unit development,floodplain,southwest,WIM, Boise River Greenway, airport influence,and/or hazardous or unique areas of development. Application will not be accepted unless all applicable items on the form are submitted. This application shall not be considered complete until staff has received all required information. ADA COUNTY DEVELOPMENT SERVICES- Mailing.200 W,Front Street,Boise,ID 83702 Website:adacounty.id.eoy Phone:208-287-7900 Fax 208-287-7909 Page 1 of i VERSION:NOVEMBER 2018 MASTER APPLICATION/PETITION ADA COUNTY DEVELOPMENT SERVICES Mailing 200 W.Front Street,Boise,ID 83702 Website:adacounty id gov Phone:208-287-7%0 Fam 208-287-79091711 n O REQUIRED SUBMITTALS FOR ALL APPLICATIONS: ❑ DEED or evidence of proprietary interest ❑ APPLICATION SPECIFIC CHECKLISTS) { ❑ One (1) paper copy single-sided &One (1)electronic copy of all required application submittal documents. ADMINISTRATIVE APPLICATIONS: ❑ ACCESSORY USE ❑ DRAINAGE PLAN ❑ LIGHTING PLAN ❑ EXPANSION NONCONFORMING USE ❑ MASTER SITE PLAN ❑ FARM DEVELOPMENT RIGHT ❑ ONE-TIME DIVISION ❑ FLOODPLAIN PERMIT ❑ PLANNED UNIT DEVELOPMENT(PUD) ❑ HILLSIDE DEVELOPMENT PRIVATE ROAD z ❑ HIDDEN SPRINGS ADMINISTRATIVE PROPERTY BOUNDARY ADJUSTMENT d z ❑ HIDDEN SPRINGS SPECIAL EVENT SIGN PLAN z ❑ LANDSCAPE PLAN ❑ TEMPORARY USE HEARING LEVEL APPLICATIONS: ❑ CONDITIONAL USE ❑ VACATIONn ❑ DEVELOPMENT AGREEMENT ❑ VARIANCE ❑ PLANNED COMMUNITIES ❑ ZONING MAP AMENDMENT ❑ SUBDIVISION,PRELIMINARY ❑ ZONING TEXT AMENDMENT ❑ d ❑ SUBDIVISION,SKETCH PLAT > Z m HEARING LEVEL PETITION: y ❑ COMPREHENSIVE PLAN MAP OR TEXT AMENDMENT PETITION CHECKLIST z 0 ADDENDA ITEMS: d ADMINISTRATIVE MODIFICATION 13 FINAL PLAT ❑ APPEAL ❑ TIME EXTENSION(ADMINISTRATIVE) ❑ DEVELOPMENT AGREEMENT MODIFICATION ❑ TIME EXTENSION(HEARING) ❑ REVIEW REQUEST OVERLAY DISTRICTS:Some Overlays require a se arate checklist.All require additional information: ❑ BOISE AIR TERMINAL AIRPORT INFLUENCE AREAS(ACC 8-3A) ❑ PLANNED UNIT DEVELOPMENT(ACC 8-3D) ❑ BOISE RIVER GREENWAY(ACC 8-3G) ❑ SOUTHWEST PLANNING AREA(ACC 8-3D) ❑ FLOOD HAZARD(ACC 8-3F) ❑ WILDLAND-URBAN FIRE INTERFACE(ACC 8-3B) ❑ HILLSIDE DEVELOPMENT ACC 8-3H SITE INFORMATION: Beginning Area-8.02 Section: 4N Township: 1 W Range: 2g TotaI Acres: New Area-8.61 Subdivision Name: NIA Lot: Block: Site Address: 7080 W.McMillan Road City: Meridian Tax Parcel Number(s): SO429438725 Existing Zoning: ,RUT Proposed Zoning: Area of City Impact: Ciw of Meridian Overlay District(s): Page 1 of 2 VERSION: DECEMBER 2020 PLEASE PRINT ALL INFORMATION CLEARLY & LEGIBLY! APPLICANT AGENT: ADDITIONAL CONTACT, i Iicable: Company Name ff a Iicable : The Land Group,Inc Company Name(if applicable): Applicant Name: Macy Lui Applicant Name: Address: 462 E Shore Drive Address: City; Eagle State: ID Zip: 83616 Ci State: Zip: Telephone: 208.939.4041 Fax: Tele hone: Fax: Email: mlui@thelandgroupinc.com Email: I certify this information is correct to the best of my knowledge. ENGINEER/SURVEYOR,i Iicable: Company Name I a Iicable : The Land Group,Inc Name: James Washburn Address: 462 E Shore Drive 10/28/22 City:Eagle State: ID Zi 83616 Signature:(Applicant) Date: Tele hone: 208.939.4041 Fax: Email: jim@lhelandgroupinc.com OWNERS OF RECORD: OWNERS OF RECORD: Company Name (if applicable): Com an Name (if applicable): Owner Name (or author{-ed representatiz�e/agent,see below*): Owner Name (or authori-zed representative/agent,see below*): R Dean Bentley Address: 7080 W McMillian Rd Address: City: Meridian State:ID Zip: 83646 City: State: Zip-.____ Telephone: 208.761,2326 Fax: Telephone. Fax: Email: Email: I consent to this application,I certify this information is correct,and I consent to this application,I certify this information is correct,and allow Development Services staff to enter the property for related allow Development Services staff to enter the property for related site site inspections. I understand that as the property owner of record I inspections. I understand that as the property owner of record I will will be required to enter into a Development Agreement with Ada be required to enter into a Development Agreement with Ada County, either personally or on behalf of the entity owning the County, either personally or on behalf of the entity owning the property, in the event this application includes a request for a property,in the event this application includes a request for a Zoning Zoning Map Amendment. I agree to indemnify, defend and hold Map Amendment. I agree to indemnify, defend and hold Ada Ada County and its employees harmless from any claim or liability County and its employees harmless from any claim or liability resulting from any dispute as to the statements contained in this resulting from any dispute as to the statements contained in this application or as to the ownership of the property, which is the application or as to the ownership of the property, which is the sub' t o the applicatio subject of the application. Signature:All Owner(s)of Rec // /�QZ2Date Signature:All Owner(s)of Record Date ALL OWNER(S) OF RECORD(ON THE CURRENT DEED) MUST SIGN (Additional signature pages are Available Online,if needed) *If the property owner(s) are a business entity,include business entity documents,including those that indicate the persons) who are eligible to sign documents. Page 2 of 2 VERSION: DECEMBER 2020 AdIkk MASTER APPLICATION/PETITION ADA COUNTY DEVELOPMENT SERVICES Mailing:200 W.Front Street,Boise,ID 83702 Website:adacounty,id,gov Phone:208-287-7900 Fax:208-287-7909 n O REQUIRED SUBIITI'3'ALS FOR ALL L_ APPLICATIONS: ❑ DEED or evidence of proprietary interest d *k ❑ APPLICATION SPECIFIC CHECKLISTS) ❑ One (1)paper copy single-sided &One (1) electronic copy of all required application submittal documents. ADMINISTRATIVE APPLICATIONS: ❑ ACCESSORY USE ❑ DRAINAGE PLAN ❑ LIGHTING PLAN ❑ EXPANSION NONCONFORMING USE ❑ MASTER SITE PLAN ❑ FARM DEVELOPMENT RIGHT ❑ ONE-TIME DIVISION ❑ FLOODPLAIN PERMIT ❑ PLANNED UNIT DEVELOPMENT(PUD) ❑ HILLSIDE DEVELOPMENT PRIVATE ROAD ❑ HIDDEN SPRINGS ADMINISTRATIVE PROPERTY BOUNDARY ADJUSTMENT C7 z ❑ HIDDEN SPRINGS SPECIAL EVENT SIGN PLAN z ❑ LANDSCAPE PLAN ❑ TEMPORARY USE HEARING LEVEL APPLICATIONS: ❑ CONDITIONAL USE ❑ VACATION r ❑ DEVELOPMENT AGREEMENT ❑ VARIANCE ❑ PLANNED COMMUNITIES ❑ ZONING MAP AMENDMENT ❑ SUBDIVISION,PRELIMINARY ❑ ZONING TEXT AMENDMENT Z ❑ SUBDIVISION,SKETCH PLAT ❑ > z HEARING LEVEL PETITION: ❑ COMPREHENSIVE PLAN MAP OR TEXT AMENDMENT PETITION CHECKLIST G] ADDENDA ITEMS: d ADMINISTRATIVE MODIFICATION 13 FINAL PLAT ❑ APPEAL ❑ TIME EXTENSION(ADMINISTRATIVE) ❑ DEVELOPMENT AGREEMENT MODIFICATION ❑ TIME EXTENSION(HEARING) ❑ REVIEW REQUEST OVERLAY DISTRICTS:Some Overlays require a separate checklist.All re uire additional information: ❑ BOISE AIR TERMINAL AIRPORT INFLUENCE AREAS(ACC 8-3A) ❑ PLANNED UNIT DEVELOPMENT(ACC 8-313) ❑ BOISE RIVER GREENWAY(ACC 8-3G) ❑ SOUTHWEST PLANNING AREA(ACC 8-31)) ❑ FLOOD HAZARD (ACC 8-3F) ❑ WILDLAND-URBAN FIRE INTERFACE(ACC 8-3B) ❑ HILLSIDE DEVELOPMENT ACC 8-3H SITE INFORMATION: Beginning Area•71.88 Section: -Au Township: 1 W Range: 29 Total Acres: New Area-71.28 Subdivision Name: NIA Lot: Block: Site Address: 7080 W.McMillan Road City: Meridian Tax Parcel Number(s): SO429427800 Existing Zoning: RUT Proposed Zoning: Area of City Impact: City of Meridian Overlay District(s): Page 1 of 2 VERSION: DECEMBER 2020 PLEASE PRINT ALL INFORMATION CLEARLY & LEGIBLY! APPLICANT/AGENT: ADDITIONAL CONTACT, i a Iicable: Company Name(if applicable): The Land Group,Inc Company Name i a licable : A licant Name: Macy Lui Applicant Name: Address: 462 E Shore Drive Address: City: Eagle State: ID Zip: 83616 City: State: Zi Telephone: 208.939.4041 Fax: Telephone: Fax: Email: mlui@thelandgroupinc.com Email: I certify this information is correct to the best of my knowledge. ENGINEEISURVEYOR,i Iicable: Company Name (If applicable): The Land Group, Inc Name: James Washburn r� Address: 462 E Shore Drive 10/28/22 City:Eagle State: ID Zi :83616 Signature:(Applicant) Date: Telephone: 208.939.4041 Fax: Email: lim@thelandgroupinc.com OWNER(S) OF RECORD: OWNERS OF RECORD: Company Name (if applicable): Cole Valley Christian School Company Name (if a licab!e : Owner Name (or authorized representative/agent, see below*). Owner Name(or authori-zed representative/agent, see below*): Allen Howlett Address: 200 E Carlton Ave Address: City: Meridian State:ID Zip: 83642 Ci State: Zip: Telephone: 208.9471212 Fax: Telephone: Fax: Email: allen.howlett@cvcsonline.or Email: I consent to this application,I certify this information is correct,and I consent to this application,I certify this information is correct,and allow Development Services staff to enter the property for related allow Development Services staff to enter the property for related site site inspections. I understand that as the property owner of record I inspections. I understand that as the property owner of record I will will be required to enter into a Development Agreement with Ada be required to enter into a Development Agreement with Ada County, either personally or on behalf of the entity owning the County, either personally or on behalf of the entity owning the property, in the event this application includes a request for a property,in the event this application includes a request for a Zoning Zoning Map Amendment. I agree to indemnify, defend and hold Map Amendment. I agree to indemnify, defend and hold Ada Ada County and its employees harmless from any claim or liability County and its employees harmless from any claim or Iiabdity resulting from any dispute as to the statements contained in this resulting from any dispute as to the statements contained in this application or as to the ownership of the property, which is the application or as to the ownership of the property, which is the subject o lication. subject of the application. Signature:All Owner(s)of Record Date Signature:All Owner(s)of Record Date ALL OWNER(S) OF RECORD (ON THE CURRENT DEED) MUST SIGN (Additional signature pages are Available Online,if needed) *If the property owner(s)are a business entity,include business entfty documents,including those that indicate the person(s) who are eligible to sign documents. Page 2 of 2 VERSION: DECEMBER 2020 File Lomftt g129211t21W8'CW*ff"Yofte112tOd8pW22081&dip Im Pmm 0rsmx meow Orte PLed<d 7"es47y,OCfaOer 11 Z022 el 05:22 Pra ICm O cm ch N00051'06"E 263021' L1 2170.06' T EXISTING ; U, N c N. 0WHYEE � b. N p -` -STORM AVE� Cr L3 W II I -} rn m nn � � n � 11 Iv W II z z d o la, T. C2 rajri 1-jj m m `: G � 12 CC nl � � 1 c.� r o zm b 1 r r I I z Z7 1 1 v0 `� � I = rn � � I Fes, I r11 N p Z qm en Cf) en � Ill 11 a a s I O I I Cmo cn �, � m n n n rn z I N z = M o IV p W m m 0 0 C N rn co to cn n o 0 n j CZ '� m m m Fi i I it, -0 tw N >, �� 21.70' cn o mz co I �1 � � I m Cm aro rn n m n L7 I S00056'00"W 2630.45' \ P I aySCD r° .N� °m m o N� .� w N-N. MCDERMOTT ROAD- a O m bZ I I v CD o go rD o rn umF m 0 o A N [Jl N JJ A j CD Cj W Q1 N 0? W Ci " W c a o c a CZl mo -4 a a Z Aj N V_ O {"a ago p rn a a to a a 0 � a N mV a W o .�` o ip ED VN 4? C a m A Vs = -a Cole Valley Christian Schoolo :=THE . Dean Bentley LAND Land Swap GROUP �� THE lwav L�4 N D Page 1 of 2 GROUP October 20,2022 Ada County Development Services Planning&Zoning Division 200 W Front Street Boise, ID 83702 RE: Cole Valley Christian 17080 W. McMillan Road Property Boundary Adjustment I PN 121048 Dear Planning Staff, The Land Group is pleased to present a Property Boundary Adjustment Application for 7080 W. McMillan Road (parcels SO429427800 and SO429438725).The properties are generally located NE of N Owyhee Storm Ave and W McMillan Rd. i J Figure 1-Vicinity Map(subject parcels highlighted) 462 East Shore Drive, Suite 100, Eagle, Idaho 83616 208 939 4041 thelandgroupinc.com Page 2 of 2 The Property boundary Adjustment is needed to accommodate the proposed ACHD roadway extension of Owyhee Storm Ave. Please contact me at mlui(@thelandgroupinc.com should you have any questions. Sincerely, mac ' Q' " Macy Lui Project Coordinator The Land Group, Inc. Enclosures—Property Boundary Adjustment Application with supporting attachments. THE LAND 462 East Shore Drive, Suite 100, Eagle, Idaho 83616 208.939 4041 thelandgroupinc com r�"� GROUP N1/.C.rnr 5�ftrey_ .27/3 Fn¢704.Na. RECORD OF SURVEY A PORTION OF THE W112SO14 SECTION 29 TOWNSHIP ♦ NORTH. RANGE I WEST, BOISE MERIDIAN ADA COUNTY. IOAHO 3 n o N C 1/.Cams W f/.C- Clr 1/.Carr r5. "29 CA. swum 79 N 893r J2•w Scum 29 `r N e9'51'32'w 2650.12 2564.87 1323A6 I/19 C.rnx 132106 1 I II SCALE: 1' 300' I r 1 Ir `1 ` LEGEND 1 r rf ^ 0 /e'ROAR-Iti90 1 F I ,9i S/9'KW-SST W,R RASRC CO �. tv PARCH.2 • 1/7'RUM-SL7 WIN PLASRC CAP #I 71806 Acres 0 1/2'ROAR-FOAO I W1 w t^ • CMDAAim POWT i t 1 o PRWIwrr eOR"y 04 c oArA OF RCCO PD s o mr zr I I x/ BAWS Jw 1 1 / AIM P.D.& f�.Nuf 1767 1 r ({1 CER-n'ICA T7 ON PARM 2 ' S e9'17'12'W ru�• Pw....wx w.•e M..iv.a.....rl.n.. W Itir.�w�.7eti wr�•..�A•.w C.Y. /] 3 227 rPa9 r PAAcrz, a I /V S�/lgj` p\ ^! flOf6 Acres 1 -c %• x f/le cm. 73r.7J _8eRe7 r3?,42 29 ze S7lNVC1'roR: S I/``m JOHN BENTLEY Swum 39 �S e93,'QS'[ 2fi<2.8< J2 J3 MCMILLAN ROAD r>acr om 9,1993 �n>� rt 91013 70 3 y - . Q - ADA 00. RECORDER SASA J. DAVID NAVARRO satsE !D 1678001487 axPr '94 FES 14 flM 1012 FEE o This instrument is made tbf.a ► JWRW A s VV88S8'�r�a • hus4band and vLfo,, Donors, and a. GRAN 80MM and PNULYB L. 88N1?. Y, huub *+d and v3.le, Donnas, Whose address is 7080 Nest XMillan Road, Meridian, X44M 63642. N I T N B 8 8 8 T H: This Donors dmira to asks, a gilt to the Donnas and do, thereto", hereby give, transfer and convey onto the Donees all right, titla and interest vbio3s the Donors now have ar may hereafter acquire to all of their zsadainiteq interest, that being an undivided 29/75 interest in tha following described real property, situated in Ada County, Idab , to wit: This parcel is a powtion of the fteft of Section 79, Tovnahip 4 Hvtth, Range 1 Neat of the Boise ftridian and is aare partiaolarly described as tollovs: NZOMIHG at the southwest corner of said Nhsvh; Thence North Om229110 East a1 g tho vast boundary of said V%BB% a distance of 460.15 fast; Thence North 89•47112" Beat a distance of 755.43 feat; Thence South 092601570 vast parallel with the east boundary of said I%M* a dietancs of 464.93 lest to a point on the south bouduaty of said Nksst; Thence Borth 890510030 Umt along said south boundary a distance of 754.75 feet to the PoXvT OF Humlymal This parcel contains 8.018 acres and is subjeat to a county road right-of-way along the south boundary and to a 20.0 foot vide irrigation access easeaant along the north boundary. GIFT DEED '- 1 ti i678001488 This aanveyanco shall include any and all appurtenances, tenesonto, hwcedita:tents, =aversions, remainders, m�eaaaants, rights-Of-way and water rights in anywise appertaining to the property herein described. Om property described in this ooaavayanos shall be the P. . mity property of the Donoes. IN Nrmm MMP, the Donors have executed this instrument the day and year first above written. 04-Bancley &M. ley STATE OF MDM 8a- County of ) . on this y of , 1994, before not , a o R puhlic, persona and vita,ite, lmonrn or identified Vimm R. BMCZ I husbato no to be the whose names are subscribed to the within natru�ant, and acknowledged to me that they exacuted the same, • tar zaanc ,�r •o Camsission expires: ., q9 _= .'. GIFT DR® - 2 ELECTRONICALLY RECORDED-DO NOT REMOVE TKE COUNTY STAMPED FIRST PAGE AS IT IS NOW INCORPORATED AS ADA COUNTY RECORDER Phil McGrane 2021-094181 FARTOF THE ORIGINAL DOCUMENT. BOISE IDAHO Pg9-12 BONNIE OBERBILLIG 0811812021 12.53 PM FIRST AMERICAN TITLE AND ESCROW COMPANY S45.00 This instrument prepared by and after recording return to: Mark Munroe U.S.BankNatianal Association Collateral Department P.O.Box 5308 Portland,OR 97228-5309 3 to L1-p to 4)r — —C';0 rnC. IDAHO DEED OF TRUST,SECURITY AGREEMENT AND ASSIGNMENT OF RENTS AND LEASES This Deed of Trust, Security Agreement and Assignment of Rents and Leases(this "Deed of Trust")is made and entered into by Cole Valley Christian Schools,Inc. (the"Grantor,"whether one or more)in favor of U.S.Bank Trust Company, National Association, having a mailing address at 555 SW Oak, Portland, OR 97204 (tire "Trustee"),for the benefit of U.S.Bank National Association(the"Beneficiary',as ofthe date set forth below. ARTICLE L CONVEYANCE/MORTGAGED PROPERTY 1.1 Grant of Deed of Trust/Seenrity Interest. For valuable consideration, in hand paid by Trustee to Grantor, and the financial accommodations from Beneficiary to Grantor as described below, Grantor has bargained, sold, conveyed and confirmed,and hereby bargains,sells,conveys and confirms,unto Trustee,its successors and assigns, for the benefit of Beneficiary, the Mortgaged Property (defined below) to secure all of the Obligations (defined below). The intent of the parties hereto is that the Mortgaged secures all of the Obligations,whether now or hereafter existing. The parties further intend that this Deed of shall operate as a security agreement with respect to those portions of the Mortgaged Property which are subject to Article 9 of the Uniform Commercial Code. 1.2 "Mortgaged Property"means all of the following, whether now owned or existing or hereafter acquired by Grantor, wherever located: all the real property legally described in Exhibit A attached hereto (the "Land'), together with alI buildings,structures,standing timber,timber to be cut,fixtures,furnishings,equipment,machinery, apparatus,appliances,and articles of personal property of every kind and nature whatsoever(and all proceeds and products thereof)now or hereafter located on the Land, or any part thereof,used in connection with the Land and improvements; all building materials, contracts, drawings, plans and specifications and other personal property relating to any construction on the Land;and all other improvements now or hereafter constructed,affixed or located thereon (the "Improvements") (the Land and the Improvements collectively the "Premises"); TOGETHER with any and all easements,rights-of-way,licenses,privileges,and appurtenances thereto,and any and all Ieasrs or other agreements for the use or occupancy of the Premises,and all the rents,issues,profits or any proceeds therefrom and all security de its and any guaranty of a tenant's obligations thereunder(collectively the"Rents");all awards as a result of condeamation, eminent domain or other decrease in value of the Premises and all insurance and other proceeds of the Premises; and any and all rights of Grantor in any and all accounts, rights topayment; contract rights,chattel paper,documents,instruments,licenses,contracts,agreements and general intangibles relating to any of the Mortgaged Property,includinp,without limitation,income and profits derived from the sale of the Mortgaged Property or the operation of any busmess on the Premises or attributable to services that occur or are provided on the Premises or generated from the use and operation of the Mortgaged Property. Together with all and singular the passages,waters,water rights(whether tributary or non-tributary),water courses, riparian rights, wells,well permits, water stock,other rights, liberties and privileges thereof or in any way now or hereafter appertaining to the Mortgaged Property. 1.3 "Obligations" means the loan(s) by Beneficiary to Cole Valley Christian Schools, Inc. (the "Borrower") evidenced by the following note(s): a note originally dated or amended or restated as of June 18, 2021 in the stated or amended and/or restated principal amount of$1,509,480.00; from Cole Valley Christian Schools, Inc. to Beneficiary, and any extensions, renewals, restatements and modifications thereof and all principal, interest, fees and expenses relating thereto, and if a revolving credit, such 04-003 0 us bancorp 2013(rev.31-W2021) 354563,vers. 10 amounts as may be advanced, d down and readvanced from time to time thereunder(separately and collectively, the"Note");all of Grantor's debts,liabilities,obligations,covenants,warranties,and duties to Beneficiary under the Loan Documents, however arising and whether now or hereafter existing or imcurred, whether liquidated or anliquidated and whether absolute or contingent;all of Grantor's obligations under this Deed of Trust;and principal, interest, fees, expenses and charges relating to any of the foregoing, including, without limitation, costs and expenses of collection and enforcement of this Deed of Trust,reasonable attorneys'fees of both inside and outside counsel and environmental assessment or remediation costs. The interest rate and maturity of such Obligations are as described in the documents creating the indebtedness secured hereby. 1.4 "Loan Documents" means together and individually the Note, this Deed of Trust and any loan agreement, security or pledge agreement, assignment, financing statement, lease,mortgage, deed of trust or other pledge of an naterest in real or personal property,any guaranty,subordination,letter of credit and letter of credit reimbursement agreement, bankers acceptance, and any other agreement, document or instrument previously, concurrently or hereafter executed or delivered by any party to or in favor of Beneficiary evidepcia& creating, securing, guaranteeing or otherwise related to the indebtedness evidenced by the Note or the pledge of the Moved Property as security for repayment of the indebtedness evidenced by the Note, whether or not specifically enumerated herein. 1.5 Homestead. The Premises are not the homestead of Grantor. If so, Grantor releases and waives all rights under and by virtue of the homestead exemption laws of the State of Idaho. 1.6 Future Advances.This Deed of Trust secures future advances made pursuant to Idaho Code Section 45-108 and shall secure the payment of all loan advances included within the term"Obligations,"regardless of the time such advances are made. This Deed of Trust shall also secure unpaid balances of advances made with respect to the Mortgaged Property for the payment of taxes,assessments,insurance premiums or costs incurred for the protection of the Mortgaged Property and other costs which Beneficiary is authorized by this Deed of Trust to pay on Grantor's behalf,plus interest thereon,regardless of the time when such advances are made. ARTICLE 11 WARRANTIES AND COVENANTS In addition to all other warranties and covenants of Grantor under the Loan Documents which are expressly incorporated herein as part of this Deed of Trust, including the covenants to ay and perform all Obligations,and while any part of the credit granted Grantor under the Loan Documents is available or any Obligations of Grantor to Beneficiary are unpaid or outstanding, Grantor continuously warrants to Beneficiary and Trustee and agrees as follows: 2.1 Warranty of Tide/Possession. Grantor has sole and exclusive title to and possession of the Premises, excepting only the following 'Termitted Encumbrances":restrictions and utility easements of record, and zoning ordinances(the terms of which are and will be complied with,and in the case of casements,are and will be kept free of encroachments),taxes and assessments not yet due and payable and those Permitted Encumbrances set forth on Exhibit B attached hereto (except that if no Exhibit B is attached, there will be no additional Permitted Encumbrances). The lieu of this Deed of Trust,subject only to Permitted Encumbrances,is and will continue to be a valid fast and only lien upon all of the Mortgaged Property. 2.2 Maintenance; Waste;Alteration. Grantor will maintain the Premises in good and tenantable condition and will restore or replace damaged or destroyed Improvements with items of at least equal utility and value.Grantor will not commit or permit waste to be committed on the Premises.Grantor will not remove,demolish or materially alter any part of the Premises without Beneficiary's prior written consent, except Grantor may remove a fixtare, provided the fixture is promptly replaced with another fixture of at least equal utility. The replacement fixture will be subject to the priority lien and security interest of this Deed of Trust 23 Transfer and Liens. Grantor will not; without the prior written consent of Beneficiary, which may be withheld in Beneficiary's sole and absolute discretion, either voluntarily or involuntarily (a) sell, assign, lease or transfer,or permit to be sold,assigned,Iemed or transferred,any part of the Premises,or any interest therein;or(b) pledge or o erwrse encummber,create or permit to exist any mortgage,deed of trust,pledge,lien or claim for lien or encumbrance upon any part of the Premises or interest therein,except for the Permitted Encumbrances. Beuefict'ary has not consented and will not consent to any contrad or to any work or to the furnishing of any materials which might be deemed to create a lien or liens superior to the lien of this Deed of Trust or otherwise. 2.4 Escrow. After written request from Beneficiary,Grantor shall pay to Beneficiary funds in such amounts and at such times as Beneficiary designates to pay when due (a) annual real estate taxes and assessments on the Premises;(b)all property or hazard insurance premiums on the Premises;and(c)flood insurance premiums,if any, on the Premises. Such payments shall be in addition to any other amounts which may be payable hereunder or ender 0"03 0 us bancorp 2013(rev.3.2-05/2021) Page 2 354563,vers. 10 any other Loan Document, and the amount of such payments shall be based upon Beneficiary's estimate, in Beneficiary's sole discretion, of such charges.Upon demand by Beneficiary,Grantor shall pay to Beneficiary such additional sums as may be required by Beneficiary to make up any deficiency in the amount necessary to enable Beneficiary to fully pay when due the actual amount of any of such charges. Interest will not be paid by Beneficiary on any escrowed finds. Escrowed finds may be commingled with other fiords of Beneficiary. All escrowed finds are hereby pledged as additional security for the Obligations. 2.5 Taxes,Assessments and Charges. To the extent not paid to Beneficiary under Section 2A above, Grantor will pay before they become delinquent all taxes, assessments, fines and other charges now or hereafter levied or assessed against the Premises,against Beneficiary based upon this Deed of Trust or the Obligations secured by this Deed of Trust,or upon Beneficiary's interest in the Premises,and will deliver to Beneficiary receipts showing timely payment. 2.6 Insurance. Grantor will continually insure the Premises,with insurers le to Beneficiary,against such perils or hazards as Beneficiary may require,in amounts not less than the un�ance of the Obligations or the full replacement value of the Improvements, whichever is less, with acceptable co-insurance provisions. The policies will contain an agreement by each insurer that the policy will not be terminated or modified witiiout at least thirty(30) days'prior written notice to Beneficiary and will contain a mortgage clause acceptable to Beneficiary; and Grantor will take such other action as Beneficiary may reasonably request to ensure that Beneficiary will receive (subject to no other interests)the insurance proceeds fiom the Improvements. Grantor hereby assigns all insurance procoeds to and irrevocably directs, while any Obligations remain unpaid, any insurer to pay to Beneficiary the proceeds of all such insurance and any premium refund; and authorizes Beneficiary to endorse Grantor's name to effect the same, to make, adjust or settle, in Grantor's name, any claim on any msutrawe Policy relating to the Premises. The proceeds and refunds will be applied in such manner as Beneficiary, in its sole and absolute discretion, determines to rebuilding of the Premises or to payment of the Obligations,whether or not then due and payable. 2.7 Condemnation. Any compensation received or receivable for the taking of the Premises,or any part thereof, by a condemnation proceeding (ioc[uding payments in compromise of condemnation proceedings), and all compensation received or receivable as damages for injury to the Premises,or eery part thereof, shall be applied in such manner as Beneficiary, in its sole and absolute discretion, determines W rebuilding of the Premises or W PM of the Obligations,whether or not then due and payable. Grantor hereby assigns to Trustee,for the benefit of Beneficiary,any claims far compensation for and shall pay to Trustee,for the benefit of Beneficiary,all proceeds received from a taking by eminent domain of all ar a part of the Mortgaged Property. 2.8 Environmental Matters. Except as specifically disclosed by Grantor to Beneficiary in writing prior to the execution of this Deed of Trust,Grantor represents and warrants as follows. There exists no uncorrected violation by Grantor of any federal, state or local laws (including statutes, regulations, ordinances or other governmental restrictions and requirements)relating to the discharge of air pollutants,water pollutants or process waste water or otherwise relating to the environment or Hazardous Substances as hereinafter defined,whether such laws currently exist or are enacted in the future(collectively "Environmental Laws'). The term"Hazardous Substances"will mean any hazardous or toxic wastes,chemicals or other substances,the generation,possession or existence of which is prohibited or governed by any Environmental Laws. Grantor is not subject to any judgment, decree, order or citation,or a party to(or threatened with)any litigation or administrative proceeding,which asserts that Grantor(a) has violated any Environmental Laws; (b) is required to clean up, remove or take remedial or other action with respect to any Hazardous Substances (collectively"Remedial Action');or(c)is required to pay all or a portion of the cost of any Remedial Action,as a potentially responsible party. Except as disclosed on Grantor's environmental questionnaire or audit provided to Beneficiary, there are not now, nor to Grantor's knowledge after reasonable investigation have there ever been, any Hazardous Substances (or tanks or other facilities for the storage of Hazardous Substances)stared,deposited,recycled or disposed of on,under or at any real estate owned or occupied by Grantor during the periods that Grantor owned or occupied such real estate,which if present on the real estate or in soils or ground water,could require Remedial Action. To Grantor's knowledge,there are no proposed or pending changes in Environmental Laws which would adversely affect Grantor or its business, and there are no conditions existing currently or likely to exist while the Loan Documents are in effect which would subject Grantor to dial Action or other liability. Grantor currently complies with and will continue to timely comply with all applicable Environmental Laws; and will provide Beneficiary, immediately upon receipt, copies of any correspondence_notice,complaint, eider or other document firm any source asserting or alleging any circumstance or condi>zon which requires or may require a financial contribution by Grantor or Remedial Action or other response by ar oa the part of Grantor under Environmental Lawa, or which seeks damages or civil, criminal or punitive penalties from Grantor for an alleged violation of Environments!Laws. In the event of any such circumstance or condition er in the event of a default,Grantor agrees,at its expense and at the request of Beneficiary,to permit such environmental audits and/or investigations, which may at Beneficiary's option include invasive environmental testing, solely for the benefit of Beneficiary, to be conducted by Beneficiary or an independent agent selected by 04-003 ®us bancorp 2013(rev.3.2-OSn021) page 3 354563,vers. 10 ,''igRi'RMf"t"r - Beneficiary and which may not be relied on by Grantor for any purpose. This provision shall not relieve Grantor from conducting its own environmental audits or taking any other steps necessary to comply with Environmental Laws or to take Remedial Action at its own expense. 2.9 Assignments. Grantor will not assign, in whole or in part, without Beneficiary's prior written consent, the rents,issues or profits arising from the Premises. 2.10 Right of Inspection. Beneficiary or its agent may at all reasonable times enter and inspect the Premises. 2.11 Waivers by Grantor. To the greatest extent that such rights may then be lawfully waived, Grantor hereby agrees for itself and any persons claiming by,through or under Grantor that it will waive and will not,at . time, insist upon or plead or in any manner whatsoever claim or take any benefit or advantage of(a)any exemption,stay, extension or maramrium law now or at any time hereafter in force;(b)any law now or hereafter in farce providing for the valuation or ap)staisement of the Premises or any part thereof prior to any sale or sales thereof to be made pursuant to any provision herein contained or pursuant to the decree,judgment or order of any court of co mpe tent jurisdiction;(c)any statute of limitations now or at any time hereafter in force;(d)any right to require marshalling of assets by Beneficiary;or(e)to the extent permitted by law,any law now or at any time hereafter made or enacted granting a right to redeem from foreclosure or any other rights of redemption in connection with foreclosure of; or exercise of any power of sale under,this Deed of Trust 2.12 Assignment of Rents and Leases. Grantor assigns and transfers to Beneficiary,as additional security for the Obligations,all right,title and interest of Grantor in and to all leases which now exist or hereafter may be executed by or on behalf of Grantor covering the Premises and any extensions or renewals thereof;together with all Rent. Grantor may collect the Rents and manage the Premises,but only if and so long as a default has not occurred. If a default occurs,the right of Grantor to collect the Rents and to manage the Premises shall thereupon automatically terminate and such rigb% together with other rights, powers and authorizations contained herein, shall belong exclusively to Beneficiary. This assignment confers upon Beneficiary a power coupled with an interest and cannot be revoked by Grantor. Upon the occurrence of a default, Beneficiary, at its option without notice and without seeking or obtaining the appointment of a receiver or taking actual possession of the Premises may(a)give notice to any tenent(s)that the tenants)should begin making payments under their lease agreement(s)directly to Beneficiary or its designee;(b)commence a foreclosure action and file a motion for appointment of a receiver;or(c)give notice to Grantor that Grantor should collect all Rents arising from the Premises and remit them to Beneficiary upon collection and that Grantor should enforce the terms of the lease(s)to ensure prompt payment by to nant(s)under the lease(s). All Rents received by Grantor shall be held in trust by Grantor for Beneficiary. All such payments received by Beneficiary may be applied in any manner as Beneficiary determines to payments required under this Deed of Trust,the Loan Documents and the Obligations.Grantor agrees to hold each teaani baxmless from actions relating to tenants payment of Rents to Beneficiary. 2.13 Fixture Filing. From the date of its recording,this Deed of Trust shall be effective as a financing statement filed as a fixture filing under the Uniform Commercial Code with respect to the Improvements and for this purpose the name and address of the debtor is the name and address of Grantor as set forth in this Deed of Trust and the name and address of the secured party is the name and address of Beneficiary as set forth in this Deed of Trust The Mortgaged Property includes goods which are or may become so affixed to real property as to become fixtures. 2.14 Compliance with Leases. Grantor will comply with all terms, covenants and conditions of any lease(s) affecting the Premises.Without limitation of the provisions of section 23,Grantor will not cater into or amend any lease affecting nay Portion of the Premises or accept any prepayment of rent for more than one month in advance, without the prior written consent of Beneficiary. ARTICLE III. RIGHTS AND DUTIES OF BENEFICIARY In addition to all other rights (including setoff) and duties of Beneficiary under the Loan Documents which are expressly incorporated herein as a part of this Deed of Trust,the following provisions will also apply: 3.1 Beneficiary Authorized to Perform for Grantor. If Grantor fails to perform any of Granboes duties or covenants set forth in this Deed of Trust, Beneficiary may perform the duties or cause them to be performed, including without limitation signing Grantor's name or paying any amount so required,and the cost,with interest at the default rats set forth in the Loan Documents,will immediately be due from Grantor to Beneficiary from the date of expenditure by Beneficiary to date of payment by Grantor, and will be one of the Obligations secured by this Deed of Trust All acts by Beneficiary are hereby ratified and approved, and Beneficiary will not be liable for any acts of commission or omission,nor for nay errors of judgment or mistakes of fad or law. 04-003 ®us bancorp 2013(rev.3.2-0512021) page 4 354563,vers.10 T I I I'"^"r r' - . . .1 - 1-1011 titlFT"nr.-. ^_."" ARTICLE IV. DEFAULTS AND REMEDIES Beneficiary may enforce its rights and remedies under this Deed of Ttvst upon default. The following shall each constitute a default under this Deed of Trust.: (A)Grantor(i)fails to comply with the terms of this Deed of Trust or any other Loan Document to which Grantor is a party,(H)fails to comply with or defaults on any other mortgage or trust deed affecting the Land or(iii) dies, ceases to exist or becomes the subject of incompetency,bankruptcy or insolvency proceedings; (B) a default occurs under any other Loan Document or under any Obligation; (C) a demand for payment is made under any demand loan secured by this Deed of Trust;or(D)any other obligor fags to comply with the terms of any Loan Documents for which Grantor has given Beneficiary a guaranty or ledge,or if any other default occurs under the Loan Documents. Upon the occurrence of a default, without limitation of Beneficiary's other remedies,Beneficiary may declare the Obligations to be immediately due and payable. 4.1 Remedies. In addition to the remedies for default set forth below and in the other Loan Documents,including acceleration,Beneficiary upon default will have all other rights and remedies for default available by law or equity. Upon a default,Beneficiary may exercise the following remedies: (a) Enforcement of Assignment of Rents and Leases. Beneficiary may: (i) terminate the license granted to Grantor to collect the Rents (regardless of whether Beneficiary or Trustee shall have entered into possession of the Mortgaged Property), collect and sue for the Rents in Beneficiary's own name, give receipts and releases therefor, and after deducting all expenses of collection, including reasonable attorneys' fees, apply the net proceeds thereof to any Obligations as Beneficiary may eIect; (ii)make,modify,enforce,cancel or accept surrender of any leases,evict tenants,adjust Rents,maintain, decorate, refurbish, repair, clean, and make space ready for renting, and otherwise do anything Beneficiary reasonably deems advisable in connection with the Mortgaged Property; ("ui)apply the Rents so collected to the operation and management of the Mortgaged Property,including the payment of reasonable management,brokerage and attorneys'fees,or to the Obligations;and (iv) require Grantor to transfer and deliver possession of all security deposits and records thereof to Beneficiary. (b) Power of Sala Beneficiary may require Trustee,and Trustee is hereby authorized and empowered, to enter and take possession of the Premises and to sell all or hart of the Mortgaged Property,at public auction,to the highest bidder for cash, free from equity of redemption, and any statutory or common law right of redemption, homestead, marital skate, and all other exemptions, after giving notice of the time, place and terms of such sale and of the Mortgaged Property to be sold, in accordance with applicable law.Trustee shall execute a conveyance to the purchase'in fee simple and deliver possession to the purchaser, which Gnmtor warrants shall be given without obstruction, hindrance or delay. Trustee may sell all or any portion of the Mortgaged Property,together or in lots or parcels,and may execute and deliver to the purchases or Purchasers of such property a conveyance in fee simple. Trustee shall receive the proceeds thereof and shall apply the same as follows: (a) first, the payment of the expenses of making, maintaining and executing this trust:, protection of the Mortgaged Property, including the expense of any litigation and reasonable attorneys' fees, and reasonable compensation to Trustee; (b) second, to any advancements made by Trustee or Beneficiary pursuant hereto,with interest thereon;(c)third,to the payment of the Obligations herein secured or intended so to be, in such order as Beneficiary shall elect,and any balance of said Obligations may be the subject of immediate suit;(d)and,fourth,should there by any surplus,Trustee will pay it to Grantor,or to such person as may be legally entitled thereto. The sale or sales by Trustee of less than the whole of the Mortgaged Property shall not exhaust the power of sale herein granted,and Trustee is specifically empowered to make successive sale or sales under such power until the whole of the Mortgaged Property shall be sold;and if the proceeds of such sale or sales of less than the whole of the Premises shall be less than the aggregate of the Obligations and the expenses thereof; this Deed of Trust and the lien, security interest and assignment hereof shall remain in full force and effect as to the unsold portion of the Mortgaged Property;provided,however,that Grantor shall never have any right to require the sale or sales of less than the whole of the Mortgaged Property, but Beneficiary shall have the right at its sole election, to request Trustee to sell less than the whole of the Mortgaged Property. Beneficiary may bid and become the purchaser of all or any part of the Mortgaged Property at any such sale,and the amount of Beneficiary's successful bid may be credited an the Obligations. In the event of a foreclosure of this Deed of Trust,whether pursuant to the power of sale granted herein or pursuant to court decree,Grantor shall remain liable for any deficiency. 04-003 O us bancorp 2013 (rev.3.2-05/2021) Page 5 354563,vem. 10 (c) Jadicial and Other RelieL Beneficiary or Trustee may proceed by a suit or suits in equity or at law, whether for the specific performance of any covenant or agreement herein contained or in aid of the execution of any power herein granted,or for any foreclosure hereunder or for the sale of the Mortgaged Property under the judgment or decree of any court or courts of competent jurisdiction. (d) Entry on Premises;Tenancy at Will. (r) Beneficiary may enter into and upon and take possession of all or any part of the Mortgaged Property, and may exclude Grantor,and all persons claiming under Grantor, and its agents or servants,wholly or partly therefrom;and,holding the same,Beneficiary may use,administer,manage,operate,and control the Mortgaged Property and may exercise all rights and powers of Grantor in the name,place and stead of Grantor, or otherwise, as Beneficiary shall deem best; and in the exercise of any of the foregoing rights and powers Beneficiary shall not be liable to Grantor for any loss or damage thereby sustained unless due solely to the willful misconduct or gross negligence of Beneficiary. (ir) In the event of a trustee's or other foreclosure sale hereunder and if at the time of such sale Grantor or any other purr (other than a tenant under a Lease as to which Beneficiary shall have expressly subordinated the lien of this Deed of Trust as hereinabove set out)occupies the portion of the Mortgaged Property so sold or any part thereof,such occupant shall immediately become the tenant of the purchaser at such sale,which tenancy shall be a tenancy from day to day,terminable at the will of such purchaser, at a reasonable rental per day based upon the value of the portion of the Premises so occupied(but not less than any rental theretofore paid by such tenant,computed on a daily basis). An action of forcible detainer shall lie if any such tenant holds over a demand in writing for possession of such portion of the Premises. (e) Recelver. Beneficiary may make application to a court of competent jurisdiction, as a matter of strict right and without notice to Grantor or regard to the adequacy of the Mortgaged Property for the repayment of the Obligations,for appointment of a receiver of the Mortgaged Property,and Grantor does hereby irrevocably consent to such appointment. Any such receiver shall have all necessary and proper powers and duties of receivers in similar cases, including without limitation the full power (i) to rent, maintain and otherwise operate the Mortgaged Property,and(ii)to take other action permitted by law,all upon such terms as may be approved by the court. M Remedies Cumulative,Concurrent and Nonexclusive. If the Obligations are now or hereafter further secured by chattel mortgages, other deeds of trust, security agreements, pledges, contracts of guaranty, assignments of leases,or other security,Beneficiary may,at its option,exhaust its remedies under any one or more of said instruments and this Deed of Trust, either concurrently or independently, and in such order as Beneficiary may determine. To the fullest extent permitted by applicable law,same(a)shall be cumulative, concurrent, and nonexclusive,(b)may be pursued separately,successively or concurrently against Grantor or others obligated for the Obligations, or any part thereof or against any one or more of them, or against the Mortgaged Property, at the sole discretion of Beneficiary, and (c) may be exercised as often as occasion therefor shall arise,it bein*agreed by Grantor that the exercise of or failure to exercise any of same shall in no event be construed as a waiver or release thereof or of any other right;remedy or recourse. (g) Waiver by Beneficiary. Beneficiary may permit Grantor to attempt to remedy any default without waiving its rights and remedies hereunder,and Beneficiary may waive any default without waiving any other subsequent or prior default by Grantor. Furthermore,delay on the part of Beneficiary in exercising any right, power or privilege hereunder or at law will not operate as a waiver thereof; nor will any single or partial exercise of such right,power or privilege preclude other exercise thereof or the exercise of any other right, power or privilege. No waiver or suspension will be deemed to have occurred unless Beneficiary has expressly agreed in writing specifying such waiver or suspension. (h) Uniform Commercial Code. Beneficiary shall have all additional rights and remedies as provided under the Uniform Commercial Code,as amended and as applicable. ARTICLE V. TRUSTEE 5.1 Action by Trustee. Trustee named herein shall be clothed with full power to act when action hereunder shall be required,and to execute any conveyance of the Mortgaged Property. In the event that the substitution of Trustee shall become necessary for any reason, the substitution of a trustee in the place of that named herein shall be sufficient. The term"Trustee"shall be construed to mean"Trustees"whenever the sense requires. The necessity of Trustee herein named,or any successor in trust,making oath or giving bond,is expressly waived. 04-003 0 us bancorp 2013(rev.3.2-05/2021) Page 6 354563,vers. 10 5.2 Employment of Agents. Trustee, or any one acting in its stead, shall have, in its discretion, authority to employ all property agents and attorneys in the execution of this trust and/or in the conducting of any We made pursuant to the terms hcreoi and to pay for such services rendered out of the proceeds of the sale of the Mortgaged Property,should any be realized;and if no sale be made or if the proceeds of sale be insufficient to pay the same, then Grantor hereby undertakes and agrees to shay the cost of such services rendered to said Trustee. Trustee may rely on any document believed by it in good faith to be genuine. All money received by Trustee shall,until used or applied as herein provided,be held in trust,but need not be segregated(except to the extent required by law), and Trustee shall not be liable for interest thereon. 5.3 Indemnification of Trustee. If Trustee shall be made a party to or shall intervene in any action or proceeding affecting the Mortgaged Property or the title thereto, or the interest of Trustee or Beneficiary under this Deed of Trust,Trustee and Beneficiary shall be reimbursed by Grantor,immediately and without demand,for all reasonable costs,charges and attorneys'fees incurred by them or either of them in any such case,and the same shall be secured hereby as a further charge and lien upon the Mortgaged Property. 5.4 Successor Trustee. Beneficiary may at any time, including any time before, during or after the commencement or completion of any foreclosure proceeding,remove Trustee(with or without cause)and appoint a successor Trustee by an instrument executed,acknowledged and recorded in the real estate records,which retarding may take place before, during or after the commencement or completion of any.foreclosure proceeding, and any such successor Trustee shall thereupon succeed to Trustee as Trustee hereunder as of named.herein. No defect in the removal of Trustee or in the appouitment of a successor or in the execution and recording of such appointment shall affect the validity thereof. Additionally, whether the recording of the successor Trustee instrument takes place before,during or after the commentemcni or completion of any foreclosure proceeding shall have no effect upon the validity of said proceeding. Trustee shall not be disqualified by reason that Trustee is an officer, employee or stockholder of Beneficiary,or has an interest in the Obligations. All parties waive any objection to Trustee having any such interest. Trustee shall be liable only for gross negligence or willful misconduct. No indemnity or remedy herein conferred is exclusive of any other remedy or indemnity, but each shall be in addition to every other hereunder and at law or in equity. No delay or omission by Trustee or Beneficiary to exercise any right or power shall impair such right or power or be construed as a waiver of any default or an acquiescence therein. If Trustee shall have proceeded to enforce any right by foreclosure,entry or otherwise,and such proceedings arc discontinued for any reason,or shall have been determined adversely,then Grantor and Trustee shall severally and respectively be restored to their former positions and rights hereunder. ARTICLE VI. ADDITIONAL TERMS The warranties,covenants, conditions and other terms described in this Section are incorporated into this Deed of Trust. 6.1 Compliance with Laws &Restrictions. All existing Improvements and any Improvements hereafter placed on the Land are and will be located within the boundary Imes of the Land. All appurtenant easement areas are and shall remain fine from encroachments. The Mortgaged Pr?n complies with, and will continue to comply with, all laws applicable to the M ed Property,including wi out limitation all applicable building,zoning,subdivi- sion and land use statutes, finances, codes, rules, regulations and orders and all covenants and agreements of record Grantor will not, and will not permit any tenant or other occupant of the Mortgaged Property to,use the Mortgaged Property in any manner that violates any state or federal law. No further permits, licenses,approvals, variances, public hearings or governmental orders or consents are necessary for the operation of the Mortgaged Property for its intended purposes or for the construction of any planned Improvements. 62 Accuracy of Information. All information,certificates or statements given to Beneficiary by or on behalf of Grantor in connection with or pursuant to any of the Loan Documents or the loan facility evidenced thereby will be true and complete when given. ARTICLE VIL MISCELLANEOUS In addition to all other miscellaneous provisions under the Loan Documents which are expressly incorporated as a part of this Deed of Trust,the following provisions will also apply: 7.1 Term of Deed of Trust This Deed of Trust shall continue in full force and effect until this Deed of Trust is released 7.2 Time of the Essence. Time is of the essence with respect to payment of the Obligations,the performance of all covenants of Grantor and the payment of taxes,assessments,and similar charges and insurance premiums. 04-003 0 us bancorp 2013(rev.3.2.-05/2021) Page 7 354563,vers. 10 7.3 Subrogation. Beneficiary will be subrogated to the lien of any deed of trust,mortgage or other lien discharged, in whole or in part, by the proceeds of the Note or other advances by Beneficiary, in which event any sums otherwise advanced by Beneficiary shall be immediately due and payable,with interest at the default rate set forth in the Loan Documents from the date of advance by Beneficiary to the date of payment by Grantor,and will be one of the Obligations secured by this Deed of Trust. 7.4 Choice of Lair. Creation,perfection,priority,enforcement and foreclosure of this Deed of Trust and the liens and remedies hereunder will be governed by the laws of the state in which the Mortgaged Property is located. For all other purposes,the choice of law specified in the Loan Documents will govern. 7.5 Severability. Invalidity or uneaforceability of any provision of this Deed of Trust shall not affect the validity or enforceability of any other provision. 7.6 Copies;Entire Agreement;Modification;Demand Obligations.Grantor hereby aclmowledges the receipt of a copy of this Deed of Trust,together with a copy of each promissory note secured hereby,and all other documents executed by Grantor in connection herewith. This Deed of Trust is intended by Grantor and Beneficiary as a final expression of this Deed of Trust and as a complete and exclusive statement of its tertws,there being no conditions to the fall effectiveness of this Deed of Trust. No paroI evidence of any nature shall be used to supplement or modify any terms. IMPORTANT: READ BEFORE SIGNING. THE TERMS OF THIS DEED OF TRUST SHOULD BE READ CAREFULLY BECAUSE ONLY THOSE TERMS IN WRITING AND SIGNED BY THE PARTIES ARE ENFORCEABLE. NO OTHER TERMS OR ORAL PROMISES NOT CONTAINED IN THIS WRFIM CONTRACT MAY BE LEGALLY ENFORCED. THE TERMS OF THIS DEED OF TRUST MAY ONLY BE CHANGED BY ANOTHER WRITTEN AGREEMENT. THIS NOTICE SHALL ALSO BE EFFECTIVE WITH RESPECT TO ALL OTHER LOAN DOCUMENTS NOW IN EFFECT BETWEEN GRANTOR AND BENEFICIARY. A MODIFICATION OF ANY LOAN DOCUMENT NOW IN EFFECT BETWEEN GRANTOR AND BENEFICIARY, WHICH OCCURS AFTER RECEIPT BY GRANTOR OF TELS NOTICE,MAY BE MADE ONLY BY ANOTHER WRITTEN INSTRUMENT. ORAL OR IMPLIED MODIFICATIONS TO SUCH LOAN DOCUMENTS ARE NOT ENFORCEABLE AND SHOULD NOT BE RELIED UPON. IN THE EVENT ANY OF THE OBLIGATIONS SECURED FIEREBY IS PAYABLE UPON DEMAND, NEITHER THIS DEED OF TRUST NOR ANYT 114G CONTAINED HEREIN SHALL BE DEEMED TO ALTER,LIMIT,OR OTHERWISE IMPINGE UPON THE DEMAND CHARACTER OF SUCH OBLIGATIONS. 7.7 Further Assurances.. Grantor shall promptly correct any defect or error that may be discovered in any Loan Document or in the execration, acknowledgment or recordation of any Loan Document. Promptly upon request by Beneficiary, Grantor also shall do, execute, acknowledge, deliver, record, re-record, file, re-file, register and re- register, any and all deeds, conveyances,mortgages, deeds of trust,trust deeds, assignments, estoppel certificates, financing statements and continuations thereof; notices of assignment, transfers, certificates, assurances and other instriunents,and must take or cause to be taken such further actions,that may be required by law or by Beneficiary, all in form and substance satisfactory to Beneficiary in its sole discretion and all at the expense of Grantor. (a)to carry out more effectively the purposes of the Loan Documents; (b) to perfect and midatain the validity, effectiveness and priority of any security interests intended to be created by the Loan Documents; (c) to better assure,convey,grant,assign, transfer,preserve,protect and confirm the rights granted or intended to be granted to Beneficiary in conaechon with any Loan Document;and(d)to carry out the intention or facilitate the performance of the provisions of any Loan Document. Grantor shall furnish to Beneficiary evidence satisfactory to Beneficiary of every such recording,filing or registration. 7.8 Joint Liability; Successors and Assigns. If there is more than one Grantor,the liability of Grantors will be joint and several,and the reference to "Grantor" shall be deemed to refer to each Grantor and to all Grantors. The rights, options,powers and remedies granted in this Deed of Trust and the other Loan Documents sball extend to Beneficiary and to its successors and assigns,shall be binding upon Grantor and its successors and assigns,and shall be applicable hereto and to all renewals,amendments and/or extensions hereof: 7.9 Indemalficadon. Except for harm arising from Beneficiary's or Trustee's willful misconduct,Grantor hereby indemnifies and agrees to defend and hold Beneficiary and Trustee harmless from any and all losses, costs, damages,claims and expenses(including,without limitation,reasonable attorneys'fees and expenses)of any kind suffered by or asserted against Beneficiary or Trustee relating to claims by third parties arising out of the financing provided under the Loan Documents or related to the Mortgaged Property (including, without limitation, Beneficiary's failure to perform its obligations relating to Environmental Matters described in Section 2.8 above)or 04-003 O us Bancorp 2013(rev.31-05/2021) Page 8 354563,van. 10 --r=rff1 TT i 4- the exercise by Beneficiary or Trustee of any of their respective powers,rights and remedies under this Deed of Trust.This indemnification and hold harmless provision will survive the termination of the Loan Documents and the satisfaction of this Deed of Trust and Obligations due Beneficiary. 7.10 Notices.Notice of any record shall be deemed delivered when the retard has been(a)deposited in the United States Mail, postage pre-paid, (b) received by overnight delivery service, (c) received by telex, (d) received by telecopy,(e)received through the Internet,or(t)when personally delivered. 7.11 Expenses and Attorneys'Fees. To the extent permitted by applicable law and in addition to those costs and expenses payable under the Loan Documents, all costs,receiver, trustee and reasonable attorneys' fees and other disbursements (including, without limitation, costs of procuring title commitments, title insurance, title searches, appraisals, environmental tests, reports and audits) incurred in connection with the preparation, administration, execution, defense, collection (pre and post judgment) and foreclosure of this Deed of Trust, whether incurred before or after commencement of litigation or at trial, on ppeal or in any other proceeding,may be recovered by Beneficiary and included in any sale made hereunder or by judgment of foreclosure. 7.12 Release of Rights of Homestead and Distributive Share. Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the Mortgaged Property and waives all rights of exemption as to any of the Mortgaged Property. 7.13 Usury Savings Clause. Notwithstanding anything herein or in the Note to the contrary, no provision contained herein or in the Note which purports to obligate Grantor to pay any amount of interest or any fees,costs or expenses which are in excess of the maximum permitted by ap Ucable law,shall be effective to the extent that it calls for the payment of any interest or other sums in excess of such maximum. All agreements between Grantor and Beneficiary,whether now existing or hereafter arising and whether written or oral,are hereby limited so that in no contingency, whether by reason of demand for payment of or acceleration of the maturity of any of the indebtedness secured hereby or otherwise, shall the interest contracted for, charged or received by Beneficiary exceed the maximum amount permissible under applicable law. If, from any circumstance whatsoever, interest would otherwise be payable to Beneficiary in excess of the maximum lawful amount, the interest payable to Beneficiary shall be reduced to the maximum amount permitted under applicable law;and if from any circumstance Beneficiary shall ever receive anything of value deemed interest by applicable law in excess of the maximum lawful amount,an amount equal to any excessive interest shall at Beneficiary's aptron,be refunded to Grantor or be applied to the reduction of the principal balance of the indebtedness secured hereby and not to the payment of interest or,if such excessive interest exceeds the unpaid balance of principal indebtedness secured hereby, such excess shall be refimded to Grantor. This paragraph shall control all agreements between Grantor and Beneficiary. 7.14 Waiver of Jury Trial. TO THE EXTENT PERMITTED BY LAW,GRANTOR AND BENEFICIARY HEREBY JOINTLY AND SEVERALLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING RELATING TO ANY OF THE LOAN DOCUMENTS, THIS DEED OF TRUST, THE OBLIGATIONS THEREUNDER, THE MORTGAGED PROPERTY OR ANY TRANSACTION ARISING THEREFROM OR CONNECTED THERETO. GRANTOR AND BENEFICIARY EACH REPRESENTS TO TIM OTHER THAT THIS WAIVER IS KNOWINGLY, WILLINGLY AND VOLUNTARILY GIVEN. 7.15 Attachments. All documents attached hereto,Including any appendices,schedules,riders,and exhibits to this Deed of Trost,are hereby expressly Incorporated by reference. IN WITNESS WI-EREOF,the undersigned has/have executed this Deed of Trust on the date shown in the notarial aclmowledgm=4 effective as of June 18,2021_ GRANTOR. Cole Valley Christian Schools,Ine. elan Idaho Corporation By. * I [ Name and Title:Michael Papac,Director&President GRANTOR ADDRESS. 00 E Carlton,Meridian,ID 83642 BENEFICIARY ADDRESS: 555 SW Oak,Portland,OR 97204 04-003 0 us bancorp 2013(rev.3.2-051202 1) Page 9 354563,vers. 10 STATE OF.1Lll�.firi COUNTY of on Tw1 G /8'�7,21 ,bc&=me pea mauy,;v,ro I Michael Papac tome known to be the pawn(s) descried la and who execulcel the foregoing$nstrmeat andimown to me to be Dhvcior&Preddent w[ecaing an behalf of Cole Va ft Christian Schools,lue,a Idaho Corporation,and acknowledged that be/shdthey executed tho same as the file act and dead of suchn�nz ( ) Na��lic 9, My teml m pawt:15 - / TAMI DE.IOURNETT commummMsel NarARY PUBLIC STATE OF IDAHO AAYCOMMUMM EXMFMB o911?/Z M 04-003 O us banemp 2013(rev.3.2-05=1) page 10 35450,vem. 10 EDIT A TO DEED OF TRUST (L,egal Description) Grantor. Cole Valley Christian Schools,Inc. Trustee: U.S.Bank Trust Company,National Association Beneficiary: U.S.Bank National Association Legal Description of Land Do Not Use-See Attached Exhibit A Also known as: 7080 W McMillan Rd,Meridian,Idaho 04-003 0 us bancorp 2013(rev.32-05=21) 354563,vers. 10 EXHIBIT A TO DEED OF TRUST (Legal Description) Grantar/rrustor. Cole Valley Chrisfian Schools,Inc. Tnistee:U.S.Bank Trost Company,Na6onail Assoda4on Benefclary U.S.Sank Nabonal Assodation Legal DescdpUon of Land: The Land referred to herein below Is situated In the County of Ada,State of ID, and Is described as follows: A PARCEL IS A PORTION OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 4 NORTH,RANGE 1 WEST OF THE BOISE MERIDIAN,ADA COUNTY,IDAHO,AND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID WEST HALF OF THE SOUTHEAST QUARTER; THENCE NORTH 002211° EAST ALONG THE WEST BOUNDARY OF SAID WEST HALF OF THE SOUTHEAST QUARTER, A DISTANCE OF 460.15 FEET TO THE TRUE POINT OF BEGINNING;THENCE CONTINUING NORTH 0022'11" EAST ALONG SAID WEST BOUNDARY,A DISTANCE OF 2,170.14 FEET TO THE NORTHWEST CORNER OF SAID WEST HALF OF THE SOUTHEAST QUARTER;THENCE SOUTH 89051'32" EAST ALONG THE NORTH BOUNDARY OF SAID WEST HALF OF THE SOUTHEAST QUARTER,A DISTANCE OF 1,325.06 FEET TO THE NORTHEAST CORNER OF SAID WEST HALF OF THE SOUTHEAST QUARTER THENCE SOUTH 0026'57"WEST ALONG THE EAST BOUNDARY OF SAID WEST HALF OF THE SOUTHEAST QUARTER,A DISTANCE OF 2,630.50 FEET TO THE SOUTHEAST CORNER OF SAID WEST HALF OF THE SOUTHEAST QUARTER;THENCE NORTH 89051'03"WEST ALONG SAID SOUTH BOUNDARY,A DISTANCE OF 566.67 FEET; THENCE NORTH 0026'S7'EAST PARALLEL WITH SAID EAST BOUNDARY,A DISTANCE OF 464.93 FEET; THENCE SOUTH 89047'12"WEST,A DISTANCE OF 755.43 FEET TO THE TRUE POINT OF BEGINNING Also known as:7080 W McMillan Rd,Meridian,ID 83648 4 ADA COUNTY RECORDER Phil McGrane 2021-094180 BOISE IDAHO Pgs=3 BONNIE OBERBILLIG 0611012021 12.53 PM FIRST AMERICAN TITLE AND ESCROW COMPANY $15.00 AFTER REODRDING MAIL TO: We Valley Christian Schools,Inc. Ave on 200 E. Carlton ELECTRONICALLY RECORDED-DO NOT REMOVE THE COUNTY STAMPED FIRST Meridian, I Ave PAGE AS IT IS NOW INCORPORATED AS PARTOF THE ORIGINAL DOCUMENT. WARRANTY DEED File No.: 4106-3640647(TD) Date:3une 04,2021 For Value Received, Idaho Holdings, LLC,an Idaho limited liability company, hereinafter referred to as Grantor, does hereby grant, bargain, sell and convey unto Cole Valley Christian Schools, Inc., an Idaho corporation, hereinafter referred to as Grantee, whose current address Is 200 E. Carlton Ave, Meridian,ID 83642, the following described premises, situated in Ada County,Idaho,to wit: LEGAL DESCRIPTION: Real property in the County of Ada,State of Idaho,described as follows: A PARCEL IS A PORTION OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 4 NORTH,RANGE 1 WEST OF THE BOISE MERIDIAN,ADA COUNTY,IDAHO,AND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID WEST HALF OF THE SOUTHEAST QUARTER;THENCE NORTH 0022'11" EAST ALONG THE WEST BOUNDARY OF SAID WEST HALF OF THE SOUTHEAST QUARTER,A DISTANCE OF 460.1S FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 0022'11" EAST ALONG SAID WEST BOUNDARY,A DISTANCE OF 2,170.14 FEET TO THE NORTHWEST CORNER OF SAID WEST HALF OF THE SOUTHEAST QUARTER;THENCE SOUTH 89051'32" EAST ALONG THE NORTH BOUNDARY OF SAID WEST HALF OF THE SOUTHEAST QUARTER,A DISTANCE OF 1,325.06 FEET TO THE NORTHEAST CORNER OF SAID WEST HALF OF THE SOUTHEAST QUARTER THENCE SOUTH 0026157"WEST ALONG THE EAST BOUNDARY OF SAID WEST HALF OF THE SOUTHEAST QUARTER,A DISTANCE OF 2,630.50 FEET TO THE SOUTHEAST CORNER OF SAID WEST HALF OF THE SOUTHEAST QUARTER;THENCE NORTH 89051'03"WEST ALONG SAID SOUTH BOUNDARY,A DISTANCE OF 566.67 FEET; THENCE NORTH 0026'57"EAST PARALLEL WITH SAID EAST BOUNDARY,A DISTANCE OF 464.93 FEET;THENCE SOUTH 6904712"WEST,A DISTANCE OF 755.43 FEET TO THE TRUE POINT OF BEGINNING APN: SO429427800 Page i of 3 APN:9D429427800 Warranty Deed Re No.:41W364M7(TD) -ountlnued Date:06104/2021. TO HAVE AND TO HOLD the said premises, with their appurtenances, unto said Grantee, and to the Grantee's heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that the Grantor Is the owner in fee simple of said premises; that said premises are free from all encumbrances except current years taxes, levies, and assessments, and except U.S. Patent reservations, restrictions, easements of record and easements visible upon the premises, and that Grantor will warrant and defend the same from all claims whatsoever. Page 2 of 3 APR 50424421M Wan rdy peed File No-4106-3640647 CM) -umgm ed D=06/04/=l Idaho Holdings,LLC,an Idaho Iimftd liability company Name: Ma es Tltle:Member STATE OF Idaho ) SS. COUNTY OF Ada } This reoord was admowledged before me on by Mario Bodies as Member of Idaho Holdings, LLC,an Idaho limited liability company. AMOIJ SlgnaWre of Lary CAd _ •••.1 111410888, My Cmissl omon i pir.�1.: ' •• M OF1 ��'•q�blr'� Page 3 of 3