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HomeMy WebLinkAboutSunshine Academy TCU 03-002 ~~: ~ ~ ~ LEGAL DEPARTMENT MAYOR .-~ ~ 5 „~; (208) 466-9273 • PAX 466405 Robert D. Cowie tlr~li r rv or' j ~ C PARKS & RECREAT]ON _~ >, _ _ ~ ~ ~~~ (208j 888-3579 • Fax 898SSOl CITY COUNCIL MEMBERS ( ~ ..d y ~ ~ y ~ `/ 1 L (// ~ ~~~ ~~ PUBLIC WORKS Tmnm de Wcerd Y ]DAHO 1 (208) 898-5500 • Fax 887-1397 William L. M. Nary s -% /~ e BUILDING DEPARTMENT Cherie McCandless ceNr ~ e ' (208) 887-2211 • Pax 887-1297 Keith Bird R°wTee„s~i:eVwE s„ss ' PLANNING &ZONINC ; ,1903 (208) 8845533 • Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: August 28, 2003 Transmittal Date: August 72, 2003 Hearing Date: September 2, 2003 File No.: TCU 03-002 Request: Request to transfer a Condkional Use Permit from Wendell and Kathleen Lawrence to Debi Sheridan for a child care facility in an L-O zone for Sunshine Academy By: Debi Sheridan Location of Property or Project: 737 North Linder Road David Zaremba, P/Z nuovaR,vac,Fal Jerry Centers, P/Z wo vaR, vac, Fv) Leslie Mathes, P/Z (ruovaa,vac,FVI Michael Rohm, P/Z (NOVaR,vac,FV) Keith BofUp, P/Z (NO VAR, VAC, FPJ Robert Corrie, Mayor Bill Nary, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service INOVaq vac, FP) Building Department Fire Department Police Department City Attorney City Engineer City Planner Parks Department Meridian School District (NO FFJ Meridian Post Office (Frryaa uaryl Ada County Highway District Ada County Development Services Central District Health Nampa Meridian brig. District Settlers Irrigation District Idaho Power Co. (FF/PP OrJrI U.S. West (FP/PPOMy1 Intermountain Gas(FV~aaoay) Bureau of Reclamation (FP/PP OnryJ Idaho Transportation Department (NO FF) Ada County /azwuy~ Ada County Assess. Land Records (FVivr Daly) Meridian Development Corporation Historical Preservation Commission Your Concise Remarks: 33 EAST IDAHO AVENUE • MERIDIAN, IDAHO 83642 • (208) 888-4433 City Clerh Office Fax (208) 888218 Human Resources Fax (208) 884-8723 Finance & Utility Billing Fax (208) 887-4813 CITY OF MERIDIAN Planning & Zoning Department 660 E. Watertower Ln., Ste. 202, Meridian, ID 83642 (208) 884-5533 Phone / (208) 888-6854 Fax c~2 TRANSFER OF CONDITIONAL USE PERMIT APPLICATION (RE: Meridian Zoning OrdiTTnance -Section I1-17-10) APPLICANT ~(Pyarly ro xham permit rill transfeiJ•~~~_~\~I[`I ~~ U\ xt1~S~~ •!'~t~~~~'m~~ ADDRESS: /~~ ~, ~C~ '(~ `~e.h~0.lCl1'~r Zc~ ~31~t-I~ PHONE: q ~ 0 '~~ ~I ~ FAX: E-MAIL: ~~ t Q O • ' ~ h1 CURRENT PERMIT HOLDER (Pm•rti~ from wham permit will transfe~J: I Al ova of e.f I e ~ - ~ (etrl ~iW renCe ADDRESS:._~~~ S. YJeGtr C(qw L11au PHONE: 571- 1451 OWNER(S) OF RECORD: S'I'Pi/C £_ ~Pl.(AGl_ ~I S~PP ADDRESS: '~~~?, Sem'~r~l~ ~r. nlawt~a4 I~ 831081 PHONE: ~{ 0~2~__._ Fi4X: ~e11 $`10-_3ZZ5 E-MAIL: ENGINEER, SURVEYOR, PLANNER: ADDRESS: PHONE: FAX: E-MAIL: ADDRESS, GENERAL LOCATION OF SITE: 73 7 ! I Linal2r R~ DESCRIPTION OF PRESENT USE: ~,C'ti ~ l'/ArP -~ztcr I i ~ DESCRIPTION OF PROPOSED CONDITIONAL USE: (~~~ ld 'Lav2 •~uc•~ li drn PRESENT ZONE CLASSIFICATION: __ {~gh} (~-FjcP. I have read the information contained herein and certifx the information is true and correct. ~~ ~\ ~ . APPLICANT'S SIGNATURE: -RECORDATION REQUESTED BY~ First Interstate Bank of Idaho, N.A. a77 West Main Street P.O. Box 57 Boise, ID a9757 WHEN RECORDED MAIL TO: First Interstate Bank PO BoX 3930, MAC 8050-Ota Portland, OR 9720th-3330 • Copy SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY First m lnlerstalte Bank DEED OF TRUST THIS DEED OF TRUST IS DATED MAY 23, 1996, among STEVEN R. EISELE and LINDA S. EISELE, husband and wife, whose address is 320~Seminole Drive, Nampa, ID 83686 (referred to below as "Grantor"); First Interstate Bank of Idaho, NA., whose address Is 877 West Main Street, P.O. Box 57, Boise, ID 83757 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Pioneer Title Company of Ada County, whose address is 8151 W. Rifleman, Boise, Idaho 83704 (referred to below as 'Trustee"). CONVEYANCE AND GRANT. For valuable conslderMlon, Grantor dcea hereby Irrevocabty grmrl, bergmn, sell and convey In trust, with power of sale, to Trustee for the benefit of Lender as Beneficiary, all of Grantor's fight, tltle. and Interest In end to the following descrtbed reel property, together with all exttlng or subsequently erected err atAxed buildings, Improvement and rsctures; all easement, fight of way, and eppurtenarrces; ml water, water fights end ditch fights Qncluding stock In ulAltles with ditch or kngekon fights); and eA other rights, rcyyaaltles, end profit relasrr~gg to the real property, Including without Ifmlttlon all minerals, dl, gas, geothermal end limiter matters, IOCated In Ade COUnty, State Of ItlehO (the "Real Properly"): THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 11, TOWNSHIP 3 NORTH, RANGE 1 WEST OF BOISE MERIDIAN IN ADA COUNTY, IDAHO DESCRIBED AS FOLLOWS: COMMENCING AT A POINT 25 FEET WEST AND 283 FEET SOUTH OF THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 11; THENCE WEST TO A POINT 155 FEET WEST OF THE EAST LINE OF SAID SOUTHEAST QUARTER; THENCE NORTH TO A POINT 150 FEET SOUTH OF THE NORTH LINE OF SAID SOUTHEAST QUARTER; THENCE EAST TO A POINT 25 FEET WEST OF THE EAST LINE OF SAID SOUTHEAST QUARTER; THENCE SOUTH TO THE POINT OF BEGINNING. IXCEPT THAT PORTION, IF ANY, LYING WITHIN LIN UR ROAD. The Real Properly or its address is commonty known as 737,tlinder Road, Meridian, ID 83642. The Rem Properly tax idantiflcelion number t 03-S7211417305. Grentor presently assigns to Lender (also known a5 eenellctry In 1Ms Deed of Trust) aA of Grantor's fight, tllle, and Interest In and to ml present and future leases of the Property end ml Rents hom fhe Properly. In addltton,. Grantor grants Lender a Uniform Commercim Code secruity Interest In the Rents and the Personal Property defined bmow. DEFINITIONS. The fallowing wards shml have IFre following meanings when used in this Deed of Trust Terms net otherwise defined In tht Deed of Trull shall have the meanings attributed to such terms In the Unlronn Commercial Code. All references to dollar amounts shml mean amount In lewhtl money of the Unlled Stales of Amefica. Beneflclary. The word "BeneflclerY' means Fhst Interstate Bank of Idaho, NA., It successors end assigns. First Inlerstte Berrk of Idaho, NA. mso t referred to as "lsndef In this Deed of Trust. Deed of Trust. The words "Deed of Trust mean this Deed of Trust among Grantor, Lender, end Trustee, and includes without Amilatlon aA esstgnment and secufity Interest provisions rettinp to the Personal Properly end Reno. Grentor. The word "Grantor" means any and ml persons end entittes executlnp Ihls Deed m Trust, Including without Ilmitatlon STEVEN R. EISELE end LINDA S. EISELE. Guarentor. The word "Guarantor" means end Includes without limttatlon any and eA guarantors, sureties, and eccommodetlon pertles In connection with the Indebtedness. Improvements. The ward '7mprovemant' means and Includes without Amlttton ml existlng and future improvements, Axlures, buildings, structures, mobile homes affaed on the Reel Properly, tclAtleA additions, replacement end ether construction on the Real Property. Indebtedness. The word lndebtdness" means ml pfincipm end Interest payable under the Nole and arty amount expended or advanced by Lender fo discharge obligatlons m Grantor or expenses Incurred by Tnutee or Lender to enforce obligallons of Grentor under tnt Deed of Tout, 05-23-1996 • DEED OF TRUST • Page 2 (Continued) together with Interest on such amounts as provided in this Deed of Trust. Lender. The word "Lender' means Firs) Interstate Benk of Idahc, NA, Ib successors and assigns. Note. The word "Nola" means the Note dated May 23, 7996, In the ortglnal principal amount of $88,800.00 from Grenlor to Lender, together with all renewals, extensions, modiACatlorrs, reAnanctngs, and substitutions for the Note. The maturity dale of the Note b June 1, 2011. NOTICE TO GRANTOR: THE NOTE CONTAINS A YARIABI.E INTEREST RATE Personal Property. The wards 'Personal ProperFf mean all egWpment, Postures, and other aAicles of personal property now or hereafter owned by Grantor, and now or hereefiar attached or efPored to the Reel Properly; together with eA accessions, parts, and eddltlarre tc, en repbcemenb of, and all substllutlons for, any of such propery, and together with ell proceeds (Includlnp without Ilmitetlon ell Insurance proceeds end refunds d premiums) hom any sale or other disposition of the Property. Property. The ward "Property" means collectlvely the Real Property end the Personal Property. Real Property. The words "Real Properly" mean the property, Interests and dgMs desrxUred above N IFre "Conveyance end Grant" sectlon. Related Documents The words "Related Documents" mean and include without Umitetlon aA promissory notes, credit agreemenb, loan agreements, ernironmental agreements, guerandes, secudty agreements, mortgages, deesb of trust, and all ocher Instrumerds, a0reemenb and documents, whether now or hareetlar existing, executed In connectlon wtlh the Indebtedness. Rents. The word 'Rents" means all present and future rents, revenues, Income, Issues, rcyaltles, protlb, and other benefits derived from the Property. Trustee. The ward "Trustee' means Pioneer Title Company of Ade County and any substllule or suxessar trustees. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS APm PERSONAL PROPERTY, IS GIVEN TO SECURE (t) PAYMENT OF THE INDEBTEDNESS AND (2) PERFORMANCE OF ANY AND ALL OBLIGATIONS OF GRANTOR UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DF~LI OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except es otherwise provided In this Deed of Tn~1, Grantor shell pay to Lender eN amounts secured by fhb Owed of Tnul as they become due, and shell strictly and In a tlmely manner perform all of Grantor's obllgatlons under the Note, Ihb Deed of Trust, and Ifs Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grenlor agrees that Grantors possession and use of the Properly sheA be governed by the following provisions: Possession and Use. Unk1 the occumerrce of an Event of Default, Grantor may (a) remain in possession and centrol of the Properly, (b) use, operate or manage the Property, and (c) coAesd enY Rents from the Property. The fotlowing provisions relate to the use of the Propery ar to other limitations on the Property. THE REAL PROPERTY EITHER IS NOT MORE T1iAN TWENTY (20) ApaES IN AREA OR IS LOCATED WITFfIN AN INCORPORATED CRY OR VILLAGE. Duty to Maintain. Grantor shalt melnbin the Property in tenantable condition and promptly perform all repairs, replacements, and melntenarrce necessary to preserve Its value. Hazardous Substances. The terms "hazardous waste," "hezarclous substance; 'dbposel; 'Yelease," and 9hrealened release; es used In Ihb Deed of Trust, shall have the same meanings as set forth In the Comprehensive Emdronmenlel Response. Compansatlon, end Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments end Reauthodzatlon Act o119U6, Pub. L. No. 99-498 ("SARA', Ure Hazardous Materiels TrensporleUOn Act, 49 U.S.C. Section 1801, et seq., the Resource ConsenreUon and Recovery Act, a8 U.S.C. Section 6901, et seq., or other appllceble stele or Federal laws, rules, or reguletlons adopted pursuant to any of the toregolrrg. The terrrrs "hazardous waste" and "hazardous substance" sheA also Include, without AmUaUOn, petroleum and petroleum by-products or arty hes:tlon (hereof and asbestos. Grenlor represents and warrants fo Lender Ihah (a) Dudng the pedod of Grantor's ownership of the Property, there has been no use, peneretion, manufacture, storage, treatment, disposal, release or threatened release of any hazardous waste or subslerrce by arty person on, under, about or hom the Property; (b) Grantor has no knowledge of, or reason to balleve that (here has been, except es preWousty dbctosed to and acknowledged by Lender In writing, (p arty use, generstlon, manufacture, sorage, treetrceM, disposal, release, a Ihreetened release of any hazardous waste or substance on, under, about or hom the Property by arty pdor owners ar oxupanb of the Property or (II) any actual a threatened Iitlgetlon or ctelms of any kind by any person relatlng to such metiers; and (c) F.xcepl as previously disclosed to and acknowledged by Lender In wdtirsg, Q) nellhar Grantor nor any tenant, contractor, agent ar other authorized roar of the Properly shall use, penerete, menufeclure, store, Treat, dispose of, or release any hazardous waste or substance on, under, about rx hom the Property and (A) any such actlvity shell be conducted In compliance with aA apptlceble federel, state, end local laws, regulatlons end ordinances, Including without Ifmitatlon those laws, regulations, end ordinances described above. Grenlor authorizes Lender and its agents to enter upon the Property to make such Inspections and lasts, at Grantors expense, es Lender may deem eppropdala to determine compliance of the Property with Ws section of the Deed of Trust Any Inspections Or tests made by Lender shell be for Lenders purposes only and shall not be censtrued to creole any responslbllAy or Ileblifty on the pert of Lendar to Grenlor or to any other person. The represenbtlons and warranties canlalned herein ere based on Grantors due diligence In Investigating the Property for hazardous waste and hazardous substances: GreMor hereby (a) releases and wolves any lulure claims egelrrst Lender for Indemnity or contdbullon In the everd Grantor becomes Aable for cleanup or other costs under arty such laws, end (b) agrees to Indemnify end hold harmless Lender against arty and ell ctelms, kisses, IIebllUles, damages, peneltles, and expenses whkh Lender may directly or Indirectly sustain or suffer resulting from a breach of fhb sectlon of the Deed of Trust or as a consequence of any use, generatlon, manpfecluie, storage, disposal, release ar threatened release osx:urring pdw to Grentars ownership or interest In the Property, whether or not the same was or should have been known to Greniar. The provisions of Ihb sectlon of the Deed of Trust, Including the obtlgallon to Indemnity, efrflll survWe the payment of the Indebtedness end iha setlsfectlon and reconveyence of the (fen of this Deed of Trust end shall not be effected by Lenders acqulsltfan of arty interest fn the Property, whether by foreclosure or otherwise. Nuisance, Waste. Orentar shell not cause, conduct or permU any nubence nor commU, permit, ar suffer any stripping of a waste on or b the Property ar any portlon al the Property. Without Omftlng the generelity of the foregdng, Grenlor witl not remove, or grant to any sutrer party the dghl to remove, any timber, minereb (Including oil end pas), soli, gravel w rock products without the pdor wrlUen twnsent of Lender. Removal of Improvements. Grenlor sheA not demolbh Or remove any Improvements hom the Reel Property without the prior wdtlen consent Of Lender. AS a condition to the removal of any Improvements, Lender may require Grantor to make emanpements satisfactory Fo Lender to replace such Improvements wah Improvemerus of al least equal value. Lender's Right to Enter. Lender and As egerds and representellves may enter upon theFleal Property at all reasonable tlme5 fo attend to Lenders Interests and to inspect the Property for purposes of Grantors compliance with the terms end condillons of this Dead of Trust. Compliance with Governmental RequlremeMs. Grentar shall promptly comply with eti laws, ordlnanrres, and regulaiiore, now or hereafter In effect, of eN govemmenlel authodtles eppllrable to the use or occupancy of the Property, Including without Iimitellon, the Amedcerre Wilh DlsabtllUes Act. Grenlor may cordasl in good faith any such law, ordinance, or regulation end withhold compliance during any proceeding, 05-23-1996 ~ DEED OF TRUST ` Page 3 ' (Continued) Including appropdate appeals, so long as Grarltar has notified Lender In wdtlng prior to ddng so end so long as, In Lender's fide opinion, Lender's interests in the Property ere not eopardirad. Lender may require Grentor to post adequate security or a surety bond, reasonably satisfactory k Lender, to protect Lender's I L Duty to Protect. Grantor agrees nettFrer to abandon nor leave unetlended fhe Property. Grentor shall do ell other acts, In edditlon k those acts sal forth above in this section, whkh from the cherackr and use of the Property ere reasonably necessary to protect end preserve the Properly. DUE ON SALE -CONSENT BY LENDER. Lender may, al Its optlon, declare Imrtredietdy due and payable all sums secured by this Deed d Trust upon the sale or trensfer, wlthout the Lender's pdor wdtlen consent, d ell or any part d Iha Real Property, or any Interest In the Real Property. A "solo a trensfer' means the conveyance d Reel Properly or any right, tltle or interest tlierdn; whether legal, beneHdel ar equitable; whether vdunlery or Imduntary; whether by oulrigM sale, dead, Inslellment sale contract lend contract, contract for deed, leasehold Interest wtlh a term greater then Ihree (3) years, lease-optlon centred, or by sale, esslpnment, or transfer of any beneHckl Interest In or to any land host holding Asa to the Reel Property, or by arty other method of conveyance d Reel Properly Interest If any Grantor b a corporetlon, partnership or Ilmsed tleblllty company, transfer also Includes any change In ownership d more then Iwenty-Ave percent (2596) d the vosng stock, perlnersMp Interests or Iimllad liability company Interests, es the case may be, of Grantor. However, this optlon shall nil be exercised by Lender If such exercise Is prohibited by fedarel law or by Idaho law. TAxES AND LIENS. The following provisions relatlng to the texas and sees on the Property are a part d this Deed of Trust. Payment. Grentor shall pay when due (end in gip events pdor to desnquency) atl taxes, special faxes, assessments, charges (Including water and sewer), fines and Imposillons levied against M on ecoounl of the Property, and shatl pay when due all deems for work done on of for Servk~a rendered or matedal furnished to the Property. Grantor sheA maintain the Property tree of all Ilene having pdodty over or equal to the Interest of Lender under this Deed of Trust, except for the Ilan d taxes and assessments not due end except as otherwise proNded In this Deed d Trust. Rlght.TO Contest. Grentor may withhold payment of any tax, assessment, or claim In connecfion with a good faflh dispute over the obligetlon to pay, so long es Lender's Interest In the Property Is not Jeopardized. II a Ilan arises or b filed as a resuH d nonpayment Grantor sties wftMn HNeen (16) days eser the Ilan arises or, H a lien B Algid, wflhin fifteen (16) days alter Grantor has nolke d the sling, secure Ure discharge d the Agin, or H requested by Lender, deposit with Lender cash or a suHklent corporals surety bond or other secudty satlsfactory to Lender In en amount sumdent to discharge the Ilan plus arty costs and reasonable attorneys' fees or other charges that could accrue as a resutl d a loredosure or sale under Ilre Agin. In any coolest, Grantor shell defend Itself and Lender and shell setlsty any adverse Judgment before enforcement ageirul the Property. Grentor shell name Lender es en addlUOnel obligee under erry surety bond furnished in the contest proceedings. Evidence of Payment. Grantor shell upon demand fumish to Lander satlsfactory evlderxoe d payment of the sexes or assessrrrants and shag fluthodze the eppropdale governmental ofAclal to deAver to Lender ai any tlme a written statement d the Faxes and assessments against the Property. Notice of Consirudlon. Grentor shall notlty Lender at least HHeen (16) days before any work k commenced, any services are punished, or arty materiels ere supplied to the Property, H any mechank's Ilan, matedelmen's Den, or other Ilan could be asserted on amount of the work, services, or materials. Grentar.wlll upon request of Lender furnish k Lender advance assurances setlslectory to Lender that Grantor can end wIH pay the cost of such Improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating b lnsudng the Property are a part d this Deed d Trust. Maintenance o} Insurance. Grantor shall procure and maintain policies d Are Insurence with standard extended coverage endorsement on a replacement basis for the full Insurable value covedng aA Improvements on the Real Property In an emounlsufAdeM to avdd apptloatlon of any coinsurance deuce, and with a standard mortgagee deuce In favor d Lender. Grantor shell also procure and maintain comprehensive general tlability Insurence in such mverege amounts as Lender may request with trustee and Lender being named as addffiorrel Insureds In such IfablAty Insurance poficles. Additionally, Grentor shall matntln such other insurance, Inducting but not tlmited to hazard, business Intmuptlon, end biller Insurence, as Lender may reasonably requtra. Policies shell be wdtlen In form, amounts, coverages-and basis reasonaby acceptable to Lender end issued by a company or companies reasonably emeptble to Lender. Grentor, upon request of Lender, wit delhrer k Lender from tlme to tlme the polides ar cerdHcetes of Insurence In form selisfaclory k Lender, Inducting stlpulatlons Ihat coverages wAl nil be cancelled or dlminthed wlthout at least ten (10) days' pdor wdsen notice to Lender. Each Insurance potlcy also shall Include en endorsement providing that coverage In favor bf Lender will not be Impaired in any way by any act, omission or default of Grentor or any other person. Should the Real Property at any tlme become located In an arse designated by the Director of the Federal Emergency Management Agency es a special Hood hazard area, Grentor agrees to obtlln end maintain Federal Flood Insurance to the extent such Insurance t required by Lender and k or becomes avalleble, for the term of the loan and for Itre full unpaid pdnclpd balance of Hre loan, or the maximum Ilmil d coverage That t evallable, whkhever t less. Application of Proceeds. Grentor sheA promptly nd)ty Lender of any loss or damage b the Property. Lander may make proof d loss H Grentor fails k da so within fitlean (15) days of the casualty. Whether or not Lender's secudy t Impaired, Lender may, at its election, receive and reldn Iha proceeds of arty Insurence and apply the proceeds k the reductlon of the Indebtedness, payment of any lien asecting the Property, or lire restoration end repair of the Property. If Lender elect to apply the proceeds to reslorelkn and repelr, Grantor shall repair orreplece the damaged or destroyed Improvements In a manner setttdary to Lender. Lender shall, upon satlsfactory prod d such axpendAure, pay or reimburse Grentor from the proceeds tar the reasonable cost of repelr or restoretlon if Grantor t not in defeWl under this Doed of Trust Any proceeds which have not bean disbursed within 1110 days after thdr recdpt and which Lender ties not committed to the repair or reslorellon d the Property sFieA be used first to pay any amount owing k Lender under this Daed of Tout, then tc pay accrued Interest, and the remainder, H any, shall be applied Io the pdncipal balance of the Indebtedness. If Lender hdds any proceeds aHer payment In full of the Indebtedness, such proceeds shall be paid to Grantor es GreMors interest may appear. Unexpired Insurance et Sale. Arty unexpired insurance shall Inure to the benefit of, and pass k, the purchaser d the Property covered by thk Deed of Trust al any trustee's sale or other sale held under the provisions of this Deed d Trust, or et any foreclosure sale of such Properly. Grentar's Report on Insurance. Upon request d Lender, however nil more Than once a year, Grentor shell lurnlsh to Lender a repod on each existing polcy of Insurance showing: (a) the name of the Insurer, (b) the risks insured; (C) the ambunt of the policy; (d) Ure property insured; the Then current replacement value of such property, end the manner of determining that value; and (e) the exptrelion date of the pdky. Grentor shall, upon request of Lender, have an Independent appraiser satlsfactory to Lender determine the cash value replacement cost d the Property. EXPENDITIIRE3 BY LENDFA. If Grantor laps to mmpty wtlh any provision of This Deed d Trust, ar H arty actlon or proceeding t commenced that would materially affect Landers Interests In the Property, Lender on Grentors behalf may, but shell nil be regdred b, take any ectlon that Lender deems appropriate. Any amount That Lender e:gfenda In so doing witl bear Interest at the rate drerged under the Nole ham the dale Incurred or paid by Lender to the dale d repayment by Grenlar. AA such expenses, at Lenders optlon, will (a) be payable on demand, (b) be added to fhe balance of the Nole end be eppartloned among and bepayabt with am/ instllmenl payment to become due dudng etlher (I) the term d arty applicable Insurence policy M (il) the remaining term of the Nda, M (c) be treated as a balloon payment whkh wtll be due and payable at the Note's maturity. This Deed of Trust also wltl secure payment of these amount. The right proNded for In tMs peregraph shall be In addison to any other rights or any remedies lc whkh lender maybe entitled on account of the defeuH. Any such ectlon by Lender shall not be construed as curing the default so es to bar Lender from any remedy chat It otherwise would have tied. WARRANTY; DEFENSE OF TITLE. The following provisions retating k ownership d the Property are a part of this Deed of Trust ~ 05-23-1996 ~ DEED OF TRUST i Page a (Continued) TIUe. Grenlor warrants that: (a) Grants hdds good and marketable Utle of record to the Property In fee simple, bee and dear of aA tierrs and encumbrances other then those set forth In the Real Property descripllon or In any tltle Irrsurence poAcy, fills repoA, ar final Iftle opinion Issued In favor of, and accepted 6y, Lender In connection with this lMed of Trust, and (b) Grenlor tws tla full tight, power, and authority to execute and deliver Ihls Deed of Tnlsi to lender. Defense oT Title. Subject to the exceptlon In the paregreph above, Grantor warrards end will forever defend the tllle to the Properly agetnst Ure lawful claims of all persons. In the event any aclon or proceeding b commenced tlrat questlons Grentors Ulle or the Interest of Trustee or Lender under this Deed of Trust, Grentor shall defend the acllon at Grantors expense. Grardor maybe the nominal party In such pretesting, but Lender shall be entltlad to parllclpale In the prxeedlnp and to be represented In the proceeding by counsel of Lenders own choirs, end Grantor will deliver, or cause to be delivered, to Lender such Instruments as lender may request from Urrre to Ume fo permit such parlklpetloa. Compliance Wlth Laws. Grants wartanls that the Properly and Grenlors use of the Property compiles with aA existlng epplkabte laws, ordinances, and regulations of governmental aulhodtles, Induding wtlhout Ifmltatlon ell appAcable envlronmentel Jews, ortinehcas, and regulatlons, unless othenvlse specifically excepted In the ernlronmental agreement executed by Grantor and Lender relaling to the Properly. CONDEMNATION. The totlowing provisions reletlnp to condemnaton proceedings ere a part of Ws Deed of Trust. Appllcatlon oT Nel Proceeds. If ell or any pert o1 the Property is condemned by eminent domain proceedings or by arty proceeding ar purchase In Ileu of condemnation, Lender may at tls electlon require that atl or any potion of the rret proceeds of the award be applied to the Indebtedness or the repatr or restoration al the Property. The net proceeds of the award sheA mean the award after payment of all reasonable costs, expenses, end attorneys' fees Incurced by Trustee or Lender In connedtion with the condemnaton. Proceedings. If any proceeding In oondemnetlon b filed, Grantor shall promptly notlty Lender in.wtiing, end Grantor shall promptly lake such steps es may be necessary to defend the edlon and obtain IFre award. Grantor may be the nominal party in such protesting, but Lender shell be entitled to partlcipele In the proceeding and tv be represented In the proceeding by counsel of Ib own choke, and Grantor will deliver ar cause to be delivered to Lender such Instruments as maybe requested by i16om tlme io tlme fo permit such parfkipatlon. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The tptlowing provisions relaling to governmental taxes, fees and charges ere a part of,this Deed of Trust: Curtent Taxes, Fees and Charges. Upon request by Lender, Grentar sheA execute such documents in addlUon to Ihis Deed of Trust and take whatever other acllon b requested by Lender to parted and contlntre Lenders Aen on the Real Properly. Grantor sheA reimburse Lender For ell faxes, as descdbed below, together with all expenses incurted In recording, perfectlng or contlnuing this Deed of Trust, Includlrq witlrout Ilmltatlon ell taxes, fees, documentary stamps, and other charges for recording ar registering this Dead of Trust Taxes The fdlowing shall consfltde taxes to whkh this sedlon epplles: (a) a specific fax upon this type of Dead of Trust or upon an ar erry part of the Indebtedness secured by Ihls Deed of Trust; (b) a specific lax on Grantor which Grantor b euthorfzed or required fo deduct from payments on the Indebtedness secured 6y Ihls type of Deed of Trust; (c) a lax on this type of Deed of Trust chargeable against the Lender or the hdder d the Nole; and (d) a specific tax on atl or any portlon of the Indebtedness or on payments of pdnclpal and Interest made by Grenlor. Subsequent Taxes. If any tax to whkh this sectlon eppAes b enacted subsequent to the date of Ihis Deed of Trust, this event sheA have the same effect es an Event of Default (as defined below), end Lender may exercise any or ell of tls aveiable remedies for an Event d Default es provided below unless Grantor either (e) pays the tax before It becomes delinquent, M (b) contests the lax as provided above In the Taxes end Uens secllan and deposits with Lender cash ar a sutlklenf corporele surety band or other security satlsfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The fdlowing provisions reletlng W Ihls Deed of Trlul as a security egreament.are a part of this Dead of Trust. Security Agreement. This Instrument shell constllute a secudty agreement to the eurlent any of the Property consfltules fl:dures or other personal property, end Lender shall have all of the rights d a secured party under the Uniform Cpmmerolel Code as amended from Ame to tlme. Security Interest. Upon request by Lender, 6rentar shall execute financing statements and take whatever other aclon b requested by Lender to perfect and continue Lenders security interest In the Rents and Personal Property. In addtlon to recording this Deed d Tnut In the real properly records, Lander may, at any tlme and without further authorizatlon from Grantor, file executed counterparts, copies or reproductlons of Ihls Geed of Trust as a finandng statement. Grantor sheA reimburse Lender for all expenses Incurred in perfecting or continuing Ihk security Interest lJpon defeuA, Grantor sheA assemble the Personal Property In a manner and at a place reesoneby convenient to Grantor end Lander and make II available to Lender wtlhln three (3) days after receipt Of wrtlten demand ham Lender. Addresses. The mailing addresses of Grenlar (debtor) and Lender (secured party), from whkh lnformetlon concerning the secudty Inerest grented by this Deed of Trust maybe obtained (each es required 6y the UnAOrm Commerdel Code), ere as staled on the firer page of this Deed d Trust. FURTHER ASSURANCES; ATTORNEY-IN-FACT. The lollowing provisions relaing to further assurances and aricrney-in-fad are a part of thk Deed of Trust. Further Assurances. AI any tlme, and from tlme to tlme, upon request of Lander, Grantor wiA make, execute and detlver, w wiA cause to be made, executed or delivered, to Lender or to Lenders designee, end when requested by Lender, cause to be filed, recorded, reeled, or rerecorded, az the case may be, at such tlme6and in such ofACes and places es Lender may deem appropriate, erry and all such morfgeges, deeds of.trust, security deeds, security agreements, flnandng statements, contlnuatlon statements, Instruments of further assurence, certificates, end other documents as may, In the sole oplnlan of Lender, be necessary or desirable In order to effectuate, complete, parted, continue, or preserve (a) the obtigellons of Grantor under the Note, this Deed of Trust, and the Related Documents, end (b) the tlens end ssctrdty Interests seated by Ihls Deed of Trust as first end pdar Ilene on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law or agreed tv the contrary by Lender In wdtlng, Granfw shall reimburse Lender for ail costs and expenses Incurred in connection with the matters referred to in Ihfs paregreph. Attorney-In-Fact. If Grentor falls to do any of the things retorted to In the preceding paregreph, Lender may do so for end to the name of Grantor end at Grantors expense. For such purposes, Grentw hereby irtevocabiy appoints Lender es Grantors eUorney-fMad for the purpose of making, executing, dellvadng, filing, retarding, and doing ell other things ee may be necessary ar desirable, In Lender's sole ophdon, to accomplish the matters relerced to in the precetinp paregreph. FULL PERFORMANCE. If Grantor pays all the Indebtedness when due, and otherwise performs all the obllgatlons Imposed upon Grantor under UJs Deed of Trust, Lender shall execute end deliver to Trustee a request for full reconveyance end shall execute end deriver to Grantor suitable statements of terminatlon of any financing statement on file evidencing Lender's security Interest In the Rents end .the Personal Property. Any recomreyarx:e fee required by law shell be paid by Grantor, U permllled by epplkable law. DEFAULT. Each of the following, at the optlan of Lender, sheA constltute an event of defautl ("Event of Oelaull") under this Deed of TrlarL• Default on Indebtedness. Failure of Grantor to make arty payment when due on the Indebtedness. 05-23-1996 ~ DEED OF TRUST ! Page 5 (Continued) Default on Other Peymenta Failure of Grentor within the tlme required by this Dead nt Trust to make airy payment for faxes or Irtswance, a enY other payment necessary W prevent RAng d or to eRed discharge d any Ilan. Environmental Default Failure of any party to comply with or perform when due arty term, obligatlon, covariant or conditlon contained In arty erwironmenlal agreement executed In conrtectlan with the Property. Compliance Default. Fetlure to compy with any other term, obtlpatlon, covenant or condRian contained in this Deed of Trust, the Nde or In any of the Related Documents. False Stntementa Any wartanty, representatlon ar statement made or famished to Lender by ar on behalf d Grantor under Rss Deed of Trust, the Nole a Rte Rdafed Documents H false or misleading In any materiel respect, either now ar at the tlme made or famished. Death or Insolvency: The death of Grantor or the dissdutlon or lermtnatlon of Grantor's existence as a going business, the Insolvency d Granla, the eppolMment of a receiver for any part of Grantor's property, any assignment for the benefit d creditors, any type d creditor workout, or the cgmmenrrement of any proceeding under any bankruptcy or Insolvency laws by or against Grantor. Foreclosure, Forfeiture, etc. Commencement d foreclosure or forfetlure proceedings, whether by Judldal proceeding, selhhelp, repossession a In the! event of a good faYllhrdispute by Grentor es l0 theovatldity reasonableness of the delm~ htyls (he basis ~d the uforeclosure or IorefdWre proceeding, provided that Grantor glues Lender written note d such Balm end tumishes reserves ar a surety bond for the delm sadsfadory to Lender. Breach of Other Agreement. Any breech by Grentor under the terms of arty Other agreement between Grentor end Lender That b not remedied within any grace period provided Ihereln, Including without Ilmilallon any agreement concerMng arty Indebtedness or other obllgadon of GreMOr to Lender, whether existing now or later. Events AHeding Guerentw. Arty of the preceding everts occurs with reaped to any Ouarentar of any of the Indebtedness ar any Guarantor riles a becomes Incompetent, or revokes ar disputes the validity of, or Ileblltly under, arty Guaranty d the Indebtedness. Adverse Change. A materiel adverse change occurs In Grentor's flnanclal condNion, or Lender believes the prospect of payment or performance al the Indebtedness Is impaired. Insecunty. Lender in good faith deems Itself IrtseCUre. RIGHTS AND REMEDIES ON DEFAULT. Upon the Occurrence of any Event of Default and al any tlme RtereaRer, Trustee or Lender, et Its optlon, may exercise any one or mare of the fallowing rights and remedies, In addition to arty other nghls or remedies provided by law: Notice of Default. In the event of default, Lender shall execute M cause Itte Trustee to executea wntlen notice of such default and of Lender's election to cause the Property to be sold to satlsty Rte Indebtedness, and shall cause such natlce to be recorded in the office d the recorder of each county wherein the Real Property, or arty pert Rtereof, Is situated. Accelerate Indebtedness. Lender sheA have the ngM et its optlon to declare the enure indebtedness Immediately due and payable, Irtduding any prepayment penalty which Grantor would be required to pay. Foreclosure. Wtlh rasped M all or any pad d the Reel Properly, the Trustee shall have the dgM to foreclose by notlce and sere, and Lander shell have the right to foreclose by Judicial foreclosure, In either case In exordence with and to the full extent provided by eppliceble law: UCC Remedies WIRt rasped to etl or arty part d the Personal Property, Lender shell have efl the nghLs and remedies of a secured party under the Uniform Commerdal Code. Collect Rents Lender shall have the right, without nonce to Grantor, to take possession of end manage the Properly and cdlecl the Rents, including amounts past due end unpaid, and apply the net proceeds, over and above Lender's calls, against the Indebtedness In ft>.Rterence d this nght. Lender rttey require any tenant or other user of the Property to make payments d rent or use fees directly to Lender. R the Rents ere collected by Lender, then Grantor inevocebly deslgnetes Lender as Grantor's attorney-in-fact to endorse Instruments received In payment thereof In the name of Grantor end to negotlele the same end celled the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for wNch the payments are made, whether or not arty proper grounds for the demand existed. Lender may exerdse IL5 rights under this subparagraph either In person, by agent, of through a receiver. Appoint Receiver. Lender shall have the right to have a receiver appolMed to take possession d all or any part of the Properly, with the power to prooceeds, o ee~eebove Iphe&cost ofthe threcelvershlptyagelnsltheflndd3ledness~IThenrecdverlmaYhserve witoultband N~ Rted bylaw Lender's right to the appointment of a receiver shell exist whdher or nd the apparent value d the Properly exceeds the Indebtedness by a subslantiel amount. Employment by Lender sha0 not disqualify a person from serving es a recever. Tenancy at Sufferance. If Grantor remains In possession d the Property etler the Property Is add as provided above or Lender otherwise hecPropertyiland she I~at Lender's optlaronpelt~hazup(e) pay a reesoartable renlalt~~la use of the Prnoperlysor (b) vacate the Proptertypknmetl~ sSly upon the demand of lender. Other Remedlea Trustee or Lender shall have any other right ar remedy provided in this Deed d Trust or the Note or by law. Notice of Sale. Lender shall glue Grentor reasonable nonce d the tlme end place of anY publiosale of the Personal Property or of the tlme ener which any private sale or other Intended dispositlon of Rte Personal Progeny Ls to be made. Reasonable notice shell mean natke given at toast ten (70) days before the time of the sale or dfspastlion. Any sale of Personal Property may be made in conjunction with arty sale of Rte Real Property. Sale of the Properly. To the extent permltled by apptlcable law, Grentor hereby wolves any and aA nghis to have the Properly marshalled, In exercising Irs nghls end remedies, the Trustee or Lender shall be tree t0 sell ell or any pan of the Progeny together Or seperelety, in one sale or by separele sales. Lender shall be enRfled to bid at any public sale on ell Or any portlon d the Property. Notlce of sale heNng been given as then required by law, and not less than the tlme required by law having elapsed, Trustee, wtlhoW demand on Grentor, shall sell the properly et Rre rime and place faed by it In the nonce d sale at pubtlc audion to the highest bidder for cash in IawfW money of the Unlled States, payable et tlme of sale. Trustee shall degver to the puroheser his or her deed conveying the Properly so sold, but without any covenant or wartanty express w Implied. The redtals In such deed of any mailers or fads shall be conclusive proof of the WtMulness of such mailers Or lads. After deductlng ell costs, fees and expenses d Trustee and of Ihis Trust, Including cost d evidence d tllle and reasonable attorneys' fees, Including (hose in connection with the sale, Trustee shell apply proceeds of sale to payment of (a) all sums expended under IhisDeed d Trust, not then repaid with Interest thereon as provided in Ihis Deed of Tnlst; (b) all Indebtedness secured heretiy; and (c) the remainder, If any, to the person ar persons Legally entitled Iheret0. WaNer, Eledlon of Remedlea A welder by any party of a breach d e proWsfon of INs Dead of Trust shall not cansRlute a waiver of or prejudbe pr~~~ggg ~ DEED OF TRUST • Page s ` (Continued) the party's rights otlulrwlse to demand tttrN;t eompllance with that provlslon w any other provlslon. Electlon by Lendw to pursue any remedy provided In thla Deed of Trust, the Nate, In any Related Document, w provided by law shaA not torclude pursuU of an7l oltrw remedy, and an alectlon to make expenditures or to fake ectlon to perform en obtlgaUOn of Orentor undw this Deed of Trust aftw lallure of Grentw b paAwm ahatl not effect Lender's fight to declare a default and to exercise any of Its remedies. Anomeys' Fees; Expenses. II Lender Instllules any salt w actlon to enforce any of the terms of tNs Deed of Trust, Lendw shell be entitled to recover such sum as the court may adJudge reasonable as attorneys' fees al frlel end on any appeal. Whelhw w not arty court edon b Invdved. aA reasonable expanses incurtad by Lender which In Lendw's opinion ere necessary at arty tlme 1w the protection of Us Interest w Ure enforcement of Its rights shall become a pert of the Indebtedness payable on dwnaM and shell beer Interest at the Note rate hom the dale of expenditure until repaid. Expenses covered by this peregreph Include, wtthoul IfmitatloM however subJed to any Ilmils under epplMable law, Lender's reasonable atlomeys' lees whether or not these N a lawsull, Including reasonable attorneys' fees Iw bankruptcy proceedings (Irtcluding eBOrts to modify w vacate any aulomatlc stay w Injunction), appeals and arty entlclpaled posh-Judgment collection services,the cost of searching records, oblaiMng Title reports Qncluding Toredosure reports), surveyors' reports, epprelsel fees, UUe Insurerrce, and lees for the Trustee, to the extent perrNtled by applicable law. Grenlor also will pay any court costs, In addition th all other sums provided by few. Rights of Trustee. Trustee shell have all oT the rights and duties of Lendw as set forth In this sectlon. POWERS AND OBLIGATIONS OF TRUSTEE. The fdlowing provisions relating to the powers and obtlgatlons of Trustee are part d this Deed of Trust Powers of Trustee. In addltlan to ell powers of Trustee arising as a matter d law, Trustee shall have Iha power to lake the lollowlrlg actlons wllh respect to the Property upon the written request of Lendw and Grantor: (a) )oin in preparing end filing a map or plat of the Reel Property, Including the dedlcaUOn of streets w other fights io the publl~ (b) Jdn In granting any easement w creating any restrtctlon on the Reel Property; and (c) jdn In any subordlnatlon w other agreement aUecUng tNs Deed of Trust w the Interest of Lendw under fhb Deed of Trust. Obtigatlons to Notlty. Trustee shall not be obAgeted to nofity arty olhw party of a pending sale under any olhw trust deed or lien, or d any actlon or praCaeding in which Grantor, Lender, w Tnalee shell be a party, unless the actlon w proceeding La brought by Trustee. Trustee. Trustee shatl meet all quetltlcatlons required for Trustee under appllceble law. In edditlon t0 the rlghls end remedies set forth above, with rasped to ell or any part of the Property, the Trustee shall have the fight to foreclose by notice end sale, end Lendw shell have the fight to loredose by Judicial Iwedosure, In etlher case In accordance with end Ic the fWl extent provided by applicable law. Successor Trustee. Lender, at Lendwb optlan, may from tlrtw to tlme eppdnt a successor Trustee to any Trustee eppolnted hereunder by an Instrument executed and acknowledged by Lender and recorded In Ure office of the recorder of Ade County, Idaho. The InsWmeM shell contain, In addlllon to all othw matters requhed by state few, Ule names of the orlginel Lender, Trustee, and Grantor, the book and page where This Deed 01 Trust b recorded, and the name and address of the successor trustee, end the Instrument shell 6e executed and acknowledged by lender or its successors In Interest The successor trustee, without conveyance of the Property, shell succeed to aA the UUe, power, end duties eoMerted upon the Trustee In this Deed d Trust end by appllceble few. This procedure for substltutlon of trustee shall govern. to the exclusion of aA other provisions for substlluUon. NOTICES TO GRANTOR AND OTHER PARTIES. Any nonce undw this Deed of Trust shall be In writlng, may be be sent by teletacsimllle, and sheA be effective when adualty delivered, or when deposlled with a netlonally recognized overnight courier, w, tl mailed, shell be deemed effective when deposlled in the United States mall first class, reglatered maA, postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust Any party may change Its address Iw notices undw TMs Deed of Trust by gluing formal written nonce to the other partes, 5pecifylrlg that the purpose of the notice is to change the party's address. All copies of notirres d foreclosure hom fire holder d any tlen which has priority over tlUS Deed of Trust shaA be sent to Lender's address, eS shown near the beginning d this Deed of Trust. Fw notice purposes, Grantor agrees to keep Lender and Trustee informed el all times of Grantor's current address. MISCELLANEOUS PROVISIONS. The lollowing miscelleneous provisions are a part of this Deed of Trust: Amendments. ThB Dead of Trust, together with arty Related Documents, canstltufes the entlre underetandrng and agreement d the perlles as to the mailers set forth In Fhls Deed of Trust No eltereUon of or amendment to this Dead of Trust shall be effective unless given N wdtlng and signed by the party w partes sought l0 6e charged w bound by the alleratlon w amendment. Annual Reports. If the Properly is used far purposes other then Grantors reskfence, Grantor sheA furnish to Lender, upon request, a cedMed statement of net opareling Income received hom the Property during Grenlw's previous fiscal year In such form and delall as Lender shell regldre. "Net operating Income' shall mean all cash recelpls from the Properly less all cash expenditures made In connecllon wllh the operetlon of the Property. Applicable Law. This Deed of Trust has been delivered to Lender and accepted by Lender In the State of Idaho. This Deed of Trual shall ba governed by and construed In accordance with the laws of the Stale of Idaho. Ceptlon Headings. Caption headings In this Deed d Trust are for convenlenra purposes only and are not to be used la Interpret w deAne the provlslons of Ibis Dead of Trust. ' Merger. There shall be no merges of the irrtwest or estate wasted by this Dead of Trust with any other Interest or estate In the Property at-arty tlme held 6y or for the benefit of Lender In any capacity, without the wrtlten consent of Lendw.. Multiple Pertles. AA abllgatlons of Grantor undw thlsDeed d Trust sheA be Jdnt and several, and eA references to Granlw shell mean each end evwy Grantor. This means That each of the Bortowers signing below b responsible for eA oMlgallons In this Deed of Trust. Severabittty. II a court of competent Jurisd~tlon Unds any provision of ihb Dead of Trust to be Irwalld or unenforceable as to any person or circumstance, such Anding shall net rendw Ihet provision invalid or unenforceable as to any olhw pwsons or circumstances. If feasible, arty such offending provision shall be deemed t0 be modiAed to be within the Ilmits d enforceability or validity; however, If the offending provision cannot be so modified, U shall be stricken end eA othw pravislans of this Deed of Trust In ell oihw respects shell remain valid and enforceable. Successors and Assigns. Subject to IFfe Umilallons stated In this Deed d Trust on transtw of Grantors Interest, Ihls Dead of Trust shell be binding upon and Inure to the benefit of the parties, their successors end assigns. If ownership d the Properly-becomes vested In a person other then Grantor, Lendw, without notice to Grentw, may deal with Grentors successors wllh reference to this Deed of Trust and the Indebtedness by way of forbearance ar extension willu)ut releasing Grentw hom the obligellons of INS Deed of Trust or Ilebility under the Indebtedness. Time Is o} the Essence. Time N of the essence in the performance d lhls Deed of Trust Welders and Consents. Lendw shell not be deemed to have waived arry fights under this Deed of Trust (or undw the Related Documents) unless such waiver b In writlng and signed by Lendw. No delay or omission on the part of Lendw In exerdsing any right shell opwale as a wolves of such fight or any dhw rgh4 A welvw by arty Party of a provision d this Deed of Trust shall not conslUule a waiver of or preJudlce the parry's fight otherwise to demand strict compllence with that provision w any other provision. No prior wolves by Lender, nor arry cowse ol.dealing between Lendw end Grentw, shell constllute a waiver of any of Lenders rghb or any of Grantors obllgaUons as to arry fuluce hensactlorrs. 05-23-7996 • DEED OF TRUST • Page 7 (Continued) Whenever consent by Lender B requtred In.1NS, Deed of Trust, the grenting of such coreent by Lender In arty Instance shall ru>t crinsUUAe contlnulnp oonsent to subsequent instances whero such conseht Is required. Waiver of Homestead Ezempllon. Grentor hereby releases and waives eA dphis end beneUts of the homestead tatempaon laws of the S1ete d Idaho es tD all Indebtedness secured by Ihls Deed d Trust. EACH GRANTOR A NOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND EACH GRANTOR AGREES TO ITS TERMS. GRANTOR n. .. ~ '' ~ ~ iiyi ~a~H,~','..:•, - ."3 ~1y~ ~I~..~''1 m. '~ ~ G" X ~..: ~ ~ ... X . :._v LINDA 3. EISElE ST N R. ISELE INDIVIDUAL ACKNOWLEDGMENT STATE OF COUNTY OF )8S On this day of In the year 19_, before me . e notary pubUc in and Icr fhe Slate or Idaho, personally appeared STEVEN R. EISELE and LINDA S. EISELE, known or identlaed to me (or proved to me on the oath of ), to be the persons whose names are subscdbod to the wahin Instrument end acknowledged to me Thal they executed the same Realdlnp at Notary Public for Idaho MY commiselon oxplrea REQUEST FOR FULL RECONVEYANC (To be used only when obligatlons have been paid In full) To: .Trustee The undersigned is the legal owner end hdder Of all Indebtedness secured by this Deed of Tnrst. All sums secured by this Dead of Trust have been fully paid and satisfied You ere hereby directed, upon payment fo you of any sums owing to you under the terms of this Daed or Trust or pursuant b any applicable statute, tc cancel the Noie secured by this Deed of Trust (which k delivered to you together with this Deed of Trust), end to rtloomey, wahoul warranty, to the parties designated by the terms of this Deed 01 Trust,lhB estate now held by you under this Deed of Trust Please mall the recanveyence and Related Documents to: Data: BeneAdary: ~t Its: LASER PRO, Rep. U.S. Psl.B T.M.OfI., Ver. a20b (c1199B CFI ProServMeR Inc. AO rlphts reserved IID-a0/ Ea20 Fa.20 Pa.20 EISELE.LN C729.OVLI CONSENT FOIL TRANSFER We, Steven R. Eisele and Linda S. Eisele, owners of the property located at 737 N. Linder Rd., Meridian, Idaho, 83642, hereby consent to the transfer of the Conditional Use Permit currently held by Kasha and Wendell Lawrence of Healthy Beginnings Childcare to Debi Sheridan. Ms. Sheridan is seeking to lease said property at 737 N. Linder from the owners to continue the running of a daycare from said facility. DATED: July 30, 2003 STATE OF IDAHO ) ss County of Canyon ) On this 3~ day of July, in the year of 2003, before me ~.~ ' , a notary public in and for the State of Idaho, personally ap eared STEV R. EISELE and LINDA S. EISELE, known or identified to me, to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same. ,, tt1lA P T~ ~., ~ _ ~~ ,.....,, F~ .; ~ ~ ' `~ " Not Public for Idaho NOTARY ~; = g ~ * i ausuc ; ~t = Residing at: `'Y( o-wu,~c~ r/~ - ~yd'~•....••'dY ` o My Commission Expires: i vv ~~~uuuNN ~~~ Sunshine Academy Inc. agrees to post information regarding the public hearing relevant to the transfer of the existing Conditional Use Permit on thA property at 737 N. Linder at least 10 days prior to the scheduled hearing and provide the required notarized statement upon posting. Sunshine Academy, Inc. agrees to pay all water bills and water assessments occasioned by the use of the property at 737 N. Linder as an early learning facility. Debi Sheridan, PROPERTY OWNERS WITHIN 300' SUNSHINE ACADEMY - 737 N. CINDER RD. MERIDIAN JOINT SCHOOL DIST NO 2 911 N MERIDIAN RD MERIDIAN ID 83642-2241 1900 W PINE AVE DEMPSEY CLYDE L 1680 W PINE AVE MERIDIAN ID 83642-1975 KADEL ALFRED G JR ~ KADEL SUSIE J 1616 W PINE AVE MERIDIAN ID 83642-1975 WELLS FARGO HOME MORTGAGE INC 405 SW 05TH ST DES MOINES IA 50328-0000 1725 W PINE AVE CARMACK G DAVID & CARMACK BECCI LU 1705 W PINE AVE MERIDIAN ID 83642-1963 NEWHOUSE RAYMOND L NEWHOUSE TINA M 1665 W PINE AVE MERIDIAN ID 83642-0000 MURRAY WAYNE $ CLAUDIA 1625 W PINE AVE MERIDIAN ID 83642-1965 EISELE STEVEN R & EISELE LINDA 5 3203 SEMINOLE DR NAMPA ID 83686-0000 737 N CINDER RD DOBARAN JOHN F DOBARAN ARVELLA L 6141 N GADWALL LN BOISE ID 83714-1287 531 N CINDER RD CAMARA 2000 REVOCABLE TRUST CAMARA JOE TRUSTEE 2541 CASTLEVIEW DR TURLOCK CA 95382-2981 820 N CINDER RD THOMAS RAELENE B 791 NW 15TH ST MERIDIAN ID 83642-0000 BIDDICK BETH F TREYZ REGINALD 788 NW 15TH ST MERIDIAN ID 83642-2473 MARRS LOIS E 71 NW 15TH 5T MERIDIAN ID 83642-0000 771 NW 15TH ST WILKERSON M LUCILE 751 NW 15TH ST MERIDIAN ID 83642-2474 RAISCH NORMAN RAISCH DOROTHE 741N15THSTW MERIDIAN ID 83642-0000 PHIFER EDNA R 721 NW 15TH ST MERIDIAN ID 83642-0000 SERPA WILLIAM M L 731 NW 15TH ST MERIDIAN ID 83642-0000 MARTINSEN MERL D d EILEEN A SIMON BRADY R 1572 W IDAHO CT 1551 W IDAHO CT MERIDIAN ID 83642-2476 MERIDIAN ID 83642-0000 MURPHY RAYMOND J d LOIS M HANSON HELEN M 1552 W IDAHO CT 681 NW 15TH ST MERIDIAN ID 83642-2476 MERIDIAN ID 83642-2472 NEFF MARY E LIFE ESTATE WALKER BETTE H NEFF IVONA K 1574 W BROADWAY AVE 1532 W IDAHO CT MERIDIAN ID 83642-0000 MERIDIAN ID 83642-0000 HORTON EMRA L JONES RHONDA L 1554 W BROADWAY CT ENGEL RALPH W MERIDIAN ID 83642-2478 1588 W IDAHO CT MERIDIAN ID 83642-2476 CAMPBELL CARRIE L OSTRUM EVERETT DURHAM ALBERTA J 651 NW 15TH ST 1571 W IDAHO CT MERIDIAN ID 83642-2471 MERIDIAN ID 83642-2477 TARANTINO PAUL A PEOPLES DOROTHY A 631 NW 15TH ST 1531 W IDAHO CT MERIDIAN ID 83642-0000 MERIDIAN ID 83642-0000 SUMMERS JOSHUA R SUMMERS STAGY LEE 1590 W BROADWAY AVE MERIDIAN ID 83642-0000 Meridian Joint School District #2 Clyde L. Dempsey Alfred & Susie Kadel 911 Meridian Road 1680 W. Pine Avenue 1616 West Pine Avenue Meridian, Idaho 83642 Meridian, Idaho 83642 Meridian, Idaho 83642 Wells Fargo Home Mortgage David & Becci Carmack Raymond & Tina Newhouse 405 SW 05'" Street 1705 West Pine Avenue 1665 West Pine Avenue Des Moines Iowa 50328 Meridian, Idaho 83642 Meridian, Idaho 83642 Wayne & Claudia Murray Steven & Linda Eisele John & Arvella Dobaran 1625 West Pine Avenue 3203 Seminole Drive 6141 N. Gadwall Lane Meridian, Idaho 83642 Nampa, Idaho 83686 Boise, Idaho 83714 Camara 2000 Revocable Trust Raelene B. Thomas Beth F. Biddidc Joe Camara Trustee m Reginald Treyz 791 NW 15 Street u 2541 Castleview Drive Meridian, Idaho 83642 788 NW 15 Street Turlock CA 95382-2981 Meridian, Idaho 83642 Lois E. Marrs Lucile M. Wilkerson Norman & Dorothe Raisch 71 NW 15~' Street 751 NW 15t" Street 741 NW 15th Street Meridian, Idaho 83642 .Meridian, Idaho 83642 Meridian, Idaho 83642 Edna R. Phifer William M. L. Serpa Merl & Eileen Martinsen 721 NW 15~h Street 731 NW 15~' Street 1572 West Idaho Court Meridian, Idaho 83642 Meridian, Idaho 83642 Meridian, Idaho 83642 Raymond & Lois Murphy Mary E. Neff Life Estate Rhonda L. Jones 1552 West Idaho Court Ivona K. Neff Ralph W. Engel Meridian, Idaho 83642 1532 West Idaho Court 1588 West Idaho Court Meridian, Idaho 83642 Meridian, Idaho 83642 Alberta Durham Dorothy A. Peoples Brady Simon 1572 West Idaho Court 1531 West Idaho Court 1551 West Idaho Court Meridian, Idaho 83642 Meridian, Idaho 83642 Meridian, Idaho 83642 Helen Hanson Bette H. Walker Emra L. Horton 681 NW 15t" Street 1574 West Broadway Avenue 1554 West Broadway Court Meridian, Idaho 83642 Meridian, Idaho 83642 Meridian, Idaho 83642 Carrie Campbell Paul Tarantino Joshua R. Summers Everett Ostrom ~n Stacy Lee Summers m 631 NW 15 Street 651 NW 15 Street Meridian, Idaho 83642 1590 West Broadway Avenue Meridian, Idaho 83642 Meridian, Idaho 83642 ~D ~~ g-IZ-a 3 ~