Jack City FitnessCJfEIDIAN--- Planning Division
ADMINISTRAT ATION
JUN 2 7 2014
Type of Review Requested (check all that apply) BY
❑ Accessory Use
❑ Alternative Compliance
❑ Certificate of Zoning Compliance
❑ Certificate of Zoning Compliance Verification
❑ Conditional Use Permit Minor Modification
❑ Design Review
❑ Private Street
❑ Property Boundary Adjustment
❑ Time Extension (Director)
❑ Vacation
❑ Other
STAFF USE ONLY:
File number(s):
DeS_ 14--6LOd V- - .
Project name 7ACWD C M F1h-�
Date filed: & 67 1 1) Date complete:
Assigned Planner:
Related files:
Applicant Information
Applicant name: _Jogq j A. VA --f Phone:
L9 I
Applicant address: 2-42Z 12" AM. '2Q a'153 Zip: 8 99j E-mail: .�D�'1nP®C�1Xt!0i15t�uL�i°�
. Gom
Applicant's interest in property: ❑ Own ❑ Rent ❑ Optioned CKOther g)vM �l�1 ` bWfA M
Owner name:
Owner address
64A,W 1 r , LL V-J�1 Phone:WDoL
OO ► gFax:
Xn5 W- Ir. ity,5,4oV Pa- 'VC; 5V, T.(G> Zip: X347 IdE-mail: `Jb��n1. Oil e�1lCyT-I�P.0 .COLI"(
Agent name (e.g., architect, engineer, developer, representative): �O� (SGT
Firm name: VAIP X 0014 5TVGTZ DP`A Phone: 2D%41241 CFax:
Address: 2472- 1274,Wf- W- "\53 NAKA Zip: %69& E-mail:
Primary contact is: XApplicant ❑ Owner kAgent ❑ Other
Contact name: J 04 4 -A - VA\1
Contact address:
Subject Property Information
Location/street address:
Assessor's parcel number(s):
Phone:
Zip: E-mail:
Fax:
Township, range, section: '30 h F, / o ✓ Total acreage: 1.0 :40
Current land use: VArC-iKrMl— 01RT. I.OT Current zoning district: G_ G
33 E. Broadway Avenue, Suite 102 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org
1 (02/08/2073)
Project Description
Project/subdivision name: _ A.vr-i5T '�'L.AZA_ 5k j .
General description of proposed project/request:l�llU,tTQt uCX- geW jl4144, LF, Stc�?�'1 ��5pO
Proposed zoning district(s): G V q
Acres of each zone proposed:
Type of use proposed (check all that apply):
❑ Residential Xcommercial ❑ Office ❑ Industrial ❑ Other //
Who will own & maintain the pressurized irrigation system in this developments l A ` ,D CA) �4 FQ-
Which irrigation district does this property lie within? /'444K?X Jf µF,*` 0 A -N
Primary irrigation source:?il. Secondary: U111
Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water):
Residential Project Summary (if applicable) N CT Ami;' CA
Number of residential units:
Number of common lots:
Number of building lots:
Number of other lots:
Proposed number of dwelling units (for multi -family developments only):
1 bedroom: 2 - 3 bedrooms:
Minimum square footage of structure(s) (excl. garage):
Minimum property size (s.f):
Gross density (DU/acre-total land):
Percentage of open space provided:
Percentage of qualified open space acreage:
4 or more bedrooms:
Proposed building height:
Average property size (s.f.):
Net density (DU/acre-excluding roads & alleys):
Acreage of open space:
(See Chapter 3, Article G, for qualified open space)
Type of open space provided in acres (i.e., landscaping, public, common, etc):
Amenities provided with this development (if applicable):
Type of dwelling(s) proposed: ❑ Single-family Detached ❑ Single-family Attached ❑ Townhomes
❑ Duplexes ❑ Multi -family ❑ Other
Non-residential Project Summary (if applicable)
Number of building lots:
Gross floor area proposed: i ) 7U Z /_f7 I ' - Existing (if applicable):
Other lots: N A
T, -kA
Hours of operation (days and hours): &?: 'V" I - IV f? #-J Building height:
Percentage of site/project devoted tothethe following:
Landscaping: 34 {b Building: 2 LJ �O Paving:
Total number of employees: N ber and ages of students/children (if applicable):
Total number of parking spaces provided: Number of compact spaces provided: SU
Authorization
Print applicant name:
Applicant signature:
Date:
33 E. oad ay Avenue, Suit 102 • Meridian, Idaho 83642 If
Phone: (208) 884-5533 • Facsimile: (20 8) 888-6854 • Website: www.meridiancity.org
2
4i
C0NSTRUCT10N
7- 1 _ ... _.._-,...x_
August 22. 2014
City of Meridian
Planning Division
33 East Broadway, Suite #102
Meridian, Idaho 83642
(208) 884-5533
RE_ CZC and DES — Jack City Fitness, 1722 N. Avest Lane, Meridian, Idaho
Dear Planning Division
Please consider this letter our formal request to withdraw our application at this time for Certificate of Zoning
Compliance and Design Review for a 15,500 sq.ft. fitness facility to be constructed at 1722 N_ Avest Lane in
meridian Idaho. If this project should gain traction again and funding becomes available, I will follow up with
the Planning and Zoning Department to understand the actions necessary to reactivate the permit application
process.
Sincerely,
\Jo ,Day, Architect
RADIX Construction, Inc.
2422 12th. Ave. Rd. #153 • Nampa, Idaho 83686-6300 • Phone 208-442- 7106 • Fax 208-442 7107
RUCT1 ON
Inc -
July
nc_
July 2, 2014
City of Meridian
Planning Division
33 East Broadway, Suite #102
Meridian, Idaho 83642
(208) 884-5533
RE: DESIGN REVIEW NARRATIVE
Dear Planning Division
This letter is in support of the attached application for Design Review and addresses the requirements
outlined in the City of Meridians Design Guidelines for Urban Development.
The building is designed to house a fitness center as well as supporting services such as a retail nutritional
supplement store and vacant tenant spaces intended to house physical therapy or similar.
The building's massing has been broken up to provide a more human level at the front where the public
enters the spaces, and a larger mass towards the back to house the fitness operations. A large barrel vault
roof is planned to span the fitness portion, with flat roof over the front lower portion of the building. A parapet
will extend up past the roof line to conceal the mechanical roof top units.
The long entry fagade on the south has been broken up by providing a taller pop -out at the main entry to
distinguish the primary user of the building. This is flanked on either side by entrances to the retail and future
tenant component. Providing almost continuous storefront along this portion of the building with awnings for
shading gives a lighter, horizontal transparent feel to the face with a heavier roof line. This face is also
broken into several different materials using mixture of honed cmu block in a stacked pattern, stucco, and
standing seam metal roof panels awnings as well as metal coping caps to finish the parapet walls. The
parapets are void of any articulated pop outs and cornices in a conscious approach to a more modern, simple
look.
The larger volume on the back that houses the fitness facility will have clerestory windows made of opaque
material that cuts down on direct sunlight, but still provides the natural daylighting desired.
The parking lot is located to the south of the building with landscaping around the perimeter, as well as
several islands to break up the interior of the lot. Light poles will be located in the islands. The parking lot will
by typical striped asphalt.
The Building entrances will connect via concrete walkways to a pedestrian path to the north, as well and the
sidewalk to the west. A small public plaza/patio for outdoor seating is located along the west side to integrate
the entrances to the existing foot traffic on the west sidewalk. A large drop off island is located directly in front
of the main entrance to accommodate the high number of younger clients who are dropped off and picked up
by their parents. Landscaping in the form of trees and tree grate has been incorporated into the drop off
island to provide more attraction to the main entrance.
Sincerely,
'40hn Day, Architect
RADIX Construction, c.
2422 12th. Ave. Rd. #153 • Nampa, Idaho 83686-6300 • Phone 208-442- 7106 • Fax 208-442 7107
o2
'CLr.7: CONSTRlJCTION
iria
June 24, 2014
City of Meridian
Planning Division
33 East Broadway, Suite #102
Meridian, Idaho 83642
(208) 884-5533
RE: CERTIFICATE OF ZONING COMPLIANCE APPLICATION
Dear Planning Division
This letter is in support of the attached application for Certificate of Zoning Compliance and addresses the
proposed use of land and description of the project.
The current land use is zoned as C -G for General Commercial. The size of the lot is 1.252 acres, or
approximately 54,537 sq.ft. The site is currently undeveloped and consists of a bare dirt parking area.
The project consists of constructing a new single story (with mezzanine) 15,500 sq.ft. fitness facility (A-3
Occupancy) with supporting office, retail, and vacant tenant space. It is proposed that the vacant tenant
space(s) will be occupied by a tenant that will support the fitness facility, such as a physical therapist,
chiropractic office or such.
The fitness facility will be private facility where members will pay a monthly fee for specialized fitness and
exercise training in private, group, or team environments, where results are tracked and monitored to
maximize progress.
The office component of the training facility consists of private office for facility manager as well as cubicles
for staff trainers. This area also doubles as a study area for members prior to and after training sessions.
The retail store to be located in the front of the building will support the facility by providing nutritional
supplements for sale to members and the public. There will also be a small juice bar to sell fresh nutritional
juices and premade snacks to individuals.
There have been no previous approvals or requirements proposed for this property. It is adjacent to the Fred
Meyer Development located at the corner of Fairview and Locust Grove and referred to as the AVEST Plaza
Shopping Center but lot 8 was excluded from any development agreements put forth in the overall
development.
Sincere ,
o n Day, Archi ct
RADIX Construction, Inc.
2422 12th. Ave. Rd. #153 • Nampa, Idaho 83686-6300 • Phone 208-442- 7106 • Fax 208-442 7107
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DESCRIPTION
® COOPER LIGHTING -
The Lumark Tribute Pole/Fixture Combo features all you need for easy
selection and installation for poles and fixtures. Including the quality,
die-cast Triubte area luminaire and 8" arm complete with lamp, square
straight steel pole and necessary anchorage. Available in single or dual
fixture combinations.
The Tribute/Pole Combo is ideal for parking areas, access roadways and
other general off street area/site lighting applications.
SPECIFICATION FEATURES
Construction
Rugged one-piece die-cast alumi-
num housing and door frame
finished in dark bronze polyester
powder paint. One-piece silicone
gasket protects the optical
chamber from performance
degrading contaminants. One (1)
stainless spring latch and two (2)
stainless steel hinges allow
toolless opening and removal of
door frame. U. L. Listed and CSA
certified for wet locations.
Reflector
Hydroformed anodized aluminum
reflector offered in an adjustable
Type II/III or a Type IV distribution.
Optical modules are field rotatable
in 90° increments and offered
standard with medium or
mogul -base lampholders.
DIMENSIONS
L15 1/2" [394mm]
DRILLING PATTERNS
Electrical
Ballast and related electrical
componentry are hard mounted to
die-cast housing for optimal heat
transfer and operating efficiency.
Mounting
Extruded 8" aluminum arm
features internal bolt guides for
easy positioning of fixture during
installation to pole.
Finish
Housing and arm finished in a
5 stage premium TGIC bronze
polyester powder coat paint.
L U M A R K° *energy
Pole
Shaft is one piece construction
ASTM A500 grade "B" steel, shot
blasted and finished in dark bronze
polyester powder coat. Anchor
base is fabricated from ASTM
grade steel. ASTM A366 steel full
base cover is provided to enclose
base plate and anchor bolts.
Anchor bolts are per ASTM A576
with (2) nuts, (2) flat washers, and
(1) lock washer. Hardware and
threaded portion of bolt are hot dip
galvanized. 3" hook for 3/4" bolt. 4"
hook for 1" bolt.
UNI
COMPLIANT FIC=e�
LAMP TYPE WATTAGE
Pulse Start Metal Halide IMP) 150, 250, 320, 400W
High Pressure Sodium (HP) 150, 250, 400W
61/2.
i165mm]
L� 22" [559mm] 18" [203mmjl
TYPE "M"
2 5!161,
[59mm1
3/4" [20mm]
dia. hole
2 7/16" [124mm]
4 7/8" [124 -ml
(2) 5/8" [16mm]
dia. holes
0 0
Base View ° °
00
COO Lighting Specifications and Dimensions subject to change without notice.
www.cooperlighung.com Consult your representative for additional options and finishes.
PFT
TRIBUTE AND
POLE COMBO
150 - 400 W
High Pressure Sodium
Pulse Start Metal Halide
15' - 30'
Square Straight
Steel Pole
POLE AND FIXTURE
COMBO
TECHNICAL DATA (Fixture)
U.L. Wet Location Listed
CSA Certified
EISA Compliant (D
ENERGY DATA
Hi -Reactance Ballast Input Watts
15OW HPS HPF (190 Watts)
150W MP HPF (185 Watts)
CWA Ballast Input Watts
250W MP HPF (283 Watts) Q
250W HPS HPF (295 Watts)
320W MP HPF (365 Watts) QQ
40OW MP HPF (452 Watts) Q
40OW HPS HPF (465 Watts)
EPA
Effective Projected Area: (Sq. Ft.)
Single: 1.62
Dual: 3.24
SHIPPING DATA
Approximate Net Weight:
39 lbs. (17.73 kgs.)
IhY//
Flo
ADHO82319
10/14/2009 12:33:28 PM
ORDERING INFORMATION
PFT T IB E D P C M
Sample Number: PFi1153H 159N/AB
Number of
1p;�_-TnbutePole Fixtures
Combo 1=1
2=2
Lamp Source/Number of Fixtures
HIGH PRESSURE SODIUM (HPS)
Lame
Wattage
15=150W
25=250W
32=320W
40=400W
Pole Height
Distribution Lamp Type 1 Pole H
23=Type 11/111 P=Pulse Start Metal 15=15• erght options
9—"90 MPH Wind Zone CEC=Ca1domia Title 20 Compliant
4F=Type IV Halide 20=20• p=100 MPH Wind Zone Ballast (Applies to 200-32OW
Formed H=High Pressure and 40OW MP only)
Sodium 25=25'
30_30, NlAB=No Anchor Bolts (Used when
Notes; 1 e inch armand pole adapter inducted with fixture. Lamp Inducted with all PFT configurations.ordered separately)
Note: Supplied with Multi -Tap ballast 120/208/240/277 (wired 277V) with square straight steel shaft, anchor bolts, template, base cover and
hardware.
Wattage Distribution 80 MPH 90 MPH ' 100 MPH'
Single Fixture
15' Pole
150W HPS
Type IIAII
PFT11523H15'
PFT11523H75'
PFT11523H15'
TypelV
PFT1154FH15'
PFT1154FH152
PFT1154FH15'
20' Pole
250W HPS
Type IIAII
PFT72523H2O'
PFT12 223H20'
PFT12523H2O'
TypelV
PFT12501-12O2
PFT1254FH202
PFT1254FH202
25' Pole
40OW HPS
250W HPS
Type IIAII
Type 1V
Type II/III
PFT14023H202
PFT1404FH20'
PFT12523H25'
PFI -140231-12O2
PFT1404FH2O'
PFT12523H25 2
PFT14023H20'
PFT1404FH202
PFT12523H25 2
TypelV
PFT1254FH252
PFT1254FH25
PFT1254FH252
40OW HPS
Type 11/111
PFT14023H25'
PFT14023H252
PFT14023H25'
TypelV
PFT1404FH252
PFT1404FH25'
PFT1404FH252
30'Pole
250W HPS
Type II/III
PFT12523H303
PFT12523H30I
PFT12523H300'
TypelV
PFT1254FH30'
PFT1254FH30'
PFT1254FH3004
40OW HPS
Type 11/III
PFT14023H30'
PFT14023H303
PFT14023H3004
TypelV
PFT1404FH3O3
PFT1404FH303
PFT1404FH3001
Dual Fixture
15' Pole
150W HPS
Type 11/111
PFT21523H15'
PFT21523H152
PFT21523H152
TypelV
PFT2154FH15'
PFT2154FH15'
PFT2154FH152
20' Pole
25OW HPS
Type II/III
PFT22523H20'
PFT22523H2O 2
PFT22523H2O 2
TypelV
PFT2254FH202
PFT2254FH202
PFT2254FH2O'
40OW HPS
Type IIAII
PFT24023H2O'
PFT24023H2O'
PFT24023H2O'
TypelV
PFT2404FH2O'
PFT2404FH2O1
PFT2404FH2O'
25' Pole
25OW HPS
Type IIAII
PFT22523H25'
PFT2252311252
PFT22523H250'
TypelV
PFT2254FH252
PFT2254FH252
PFT2254FH2503
40OW HPS
Type IIAII
PFT24023H252
PFT24023H25'
PFT24023H250'
TypelV
PFT2404FH252
PFT2404FH252
PFT2404FH250'
30' Pole
25OW HPS
Type II/III
PFT22523H30'
PFT22523H309 4
PFT22523H300'
TypelV
PFT2254FH303
PFT2254FH3094
PFT2254FH3001
40OW HPS
Type 11/111
PFT24023H30I
PFT24023H3094
PFT24023H3001
PULSE START METAL HALIDE (PSMH)
TypelV
PFT2404FH303
PFT2404FH309'
PFT2404FH300'
Single Fixture
15' Pole
15OW PSMH
Type 11/111
PFT115231`15 2
PFT11523P152
PF111523P15'
TypelV
PFT1154FP152
PFT1154FP152
PFT1154FP152
20' Pole
250W PSMH
Type IIAII
PFT12523P20 2
PFT12523P20 2
PFT12523P20 2
TypelV
PFT1254FP202
PFT1254FP202
PFT1254FP20'
320W PSMH
Type 111111
PFT13223P202
PFT13223P20'
PFT13223P20'
TypelV
PFT1324FP20'
PFT1324FP202
PFT1324FP202
40OW PSMH
Type IIAII
PFT14023P202
PFT14023P202
PFT14023P20'
25' Pole
25OW PSMH
TypelV
Type IIAII
PFT1404FP20'
PFT12523P25 2
PFrl404FP201
PFT12523P25'
PFT1404FP201
PFT12523P25 2
TypelV
PFT1254FP252
PFT1254FP252
PFT1254FP25'
320W PSMH
Type 11/111
PFT13223P25'
PFT13223P252
PFT13223P25'
TypelV
PFT1324FP252
PFT1324FP252
PFT1324FP25I
40OW PSMH
Type 11/111
PFT14023P252
PFT14023P252
PFT14023P25'
TypelV
PFT1404FP252
PFT1404FP252
PFT1404FP252
30' Pole
25OW PSMH
Type II/III
PFT12523P30'
PFT12523P30'
PFT12523P3004
TypelV
PFT1254FP30'
PFT1254FP30I
PFT1254FP3004
320W PSMH
Type II/III
PFT13223P30 3
PFT13223P303
PFT13223P3004
TypelV
PFT1324FP301
PFT1324FP301
PFT1324FP3004
40OW PSMH
Type II/III
PFT14023P30 3
PFT14023P30 3
PFT14023P300 4
TypelV
PFT1404FP30'
PFT1404FP30'
PFT1404FP300'
Dual Fixture
15' Pole
15OW PSMH
Type 11/111
PFT215231`15'
PFT21523P15 2
PFT21523P15'
TypelV
PFT2154FP15'
PFT2154FP152
PFT2154FP152
20'Pole
250W PSMH
Type 11/111
PFT22523P202
PFT22523P202
PFT22523P202
TypelV
PFT2254FP202
PFT2254FP202
PFT2254FP202
320W PSMH
Type 11/III
PFT23223P20 2
PFT23223P20 2
PFT23223P20 2
TypelV
PFT2324FP20'
PFT2324FP20'
PFT2324FP20'
40OW PSMH
Type 11/III
PFT24023P202
PFT24023P202
PFT24023P202
TypelV
PFT2404FP20'
PFT2404FP202
PFT2404FP202
25' Pole
250W PSMH
Type II/111
PFT22523P25 2
PFT22523P25 2
PFT22523P250'
TypelV
PFT2254FP252
PFT2254FP252
PFT2254FP250'
320W PSMH
Type 11/111
PFT23223P25'
PFT23223P25'
PFT23223P2503
TypelV
PFT2324FP252
PFT2324FP25I
PFT2324FP250'
40OW PSMH
Type 11/III
PFT24023P252
PFT24023P252
PFT240231`250'
TypelV
PFF2404FP252
PFT2404FP25'
PFT2404FP250'
30' Pole
250W PSMH
Type 11/111
PFT22523P30'
PFT22523P309 4
PFT22523P3001
TypelV
PFT2254FP301
PFT2254FP309'
PFT2254FP300'
320W PSMH
Type 111111
PFT23223P30'
PFT23223P3094
PFT23223P300'
TypelV
PFT2324FP303
PFT2324FP3094
PFT2324FP300'
Refer to In Stock Guide for availabilty.
40OW PSMH
Type IIAII
PFT24023P30'
PFT24023P309'
PFI -24023P300'
NOTES:1 0 or 9 are noted where needed to designate
a heavier gauge pole.
Type IV
PFT2404FP301
PFT2404FP309'
PFT2404FP3001
2 Supplied with 4A Square Straight Steel shaft (SSS), anchor bolts (A81), template (TMP1) Hardware and base cover.
15' combo SSS4A15SFM4, 20' combo SSS4A20SFM4
and 25' combo SSS4A25SFM4.
3 Supplied with 5A Square Straight Steel shaft (SSS), anchor bolts (ABI), template (TMP1) Hardware and base cover.
25' combo SSS5A25SFM4 and 30' combo SSS5A30SFM4.
4 Supplied with 5M Square Straight Steel shaft (SSS), anchor bolts (AB1),
5 Supplied
template (TMP1) Hardware
and base cover.
30' combo SSS5M30SFM4.
with 6M Square Straight Steel shaft (SSS), anchor bolts (A83),
template (TMP2) Hardware
and base cover.
30' combo SSS6M30SFM4.
C Lighting
Specifications and Dimensions subject
to change without notice.
www.cooperlighting.com Lumark • Customer First Center • 1121 Highway 74 South • Peachtree City, GA 30269 • TEL 770.486.4800
• FAX 770.486.4801
ADHOS2319
10/14/2009 12:33:28 PM
PHOTOMETRICS (Complete IES Tiles available at www.cooperlighting.com)
3
2
1
0
1
2
3
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3
2
1
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1
2
3
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3
2
1
0
1
2
3
A
Footcandle Table
Select mounting height and read across for
3 footcandle values of each isofootcandle line.
Distance in units of mounting height.
2 Mounting Footcandle Values for
Height Isofootcandle Lines
1 A B C D E
20' 3.00 1.50 0.75 0.30 0.15
0 25' 2.00 1.00 0.50 0.20 0.10
1 30' 1.38 1.69 0.34 0.13 0.06
2
3
4
0 1 2 3 4 5
0 1 2 3 4 5
0 1 2 3 4 5
0 1 2 3 4 5
PFT125231325
PFT13223P25
PFT14023P25
PFT14023H25
250—Watt MP
320—Watt MP
400—Watt MP
400—Watt HP
22,000—Lumen Clear Lamp
30,000—Lumen Clear Lamp
40,000—Lumen Clear Lamp
50,000—Lumen Clear Lamp
Type III Formed
Type III Formed
Type III Formed
Type IV
00
COOPM Lighting Specifications and Dimensions subject to change without notice. ADH082319
www.cooperlighting.com Lumark • Customer First Center • 1121 Highway 74 South • Peachtree City, GA 30269 • TEL 770.486.4800 • FAX 770.486.4801 10/14/2009 12:33:28 PM
LED Mu//ion Mount Emergency Light
Outdoor Egress
The Brightest Idea
is Emergency Lighting
GENERAL DESCRIPTION
• Designed to mount directly on extruded structural
mullion beams used in typical glass -fronted entrances
and other dividing walls. This unique and very low
profile fixture will fit directly on to a 2'/2" high surface
and provide extremely efficient emergency and
general lighting overthe path of egress.
CONSTRUCTION
• Rugged extruded aluminum housing with stainless
hardware is corrosion proof.
• Wet location listed UL 924 and IP66.
• Uniform, high brightness lighting over the path of
egress.
• Three versions are available:
RE= Central Battery System Series CBS or
other qualified source 12V- 24 VDC.
BB= Battery backup from Remote Battery
Supply Series RPS.
AC= 120/277 VAC supply.
ENERGY EFFICIENT OPERATION
• Dual function operation for normally on lighting as well
as emergency lighting.
• Very low power consumption. This unit offers
tremendous energy savings when compared to any
fluorescent or incandescent lighting systems.
• Over 50,000 hour lamp life in normal use.
Series MUE
MUE.03.10.04
ELECTRONICS
-An advanced LED driver module is incorporated in
the fixture, allowing dual operation from the Signtex
Central Battery System for both emergency and
general lighting, or from 24 VDC supply.
• Lamps are connected in parallel -series strings, as
required to meet requirements of NEC and Life
Safety Codes. Lighting continues even after failure
of one lamp or circuit.
CODES
• Manufactured and tested to UL Standard 924 and
NFPALife Safety Code 101.
WARRANTY
• 5 yeartotal customer satisfaction warranty. For details
see product catalog technical data section.
FIXTURE SCHEDULE
MODEL
CATALOG NO
APPROVAL
10B INFORMATION
DESIGNED
& M A D E I N
T H E U S A
qg
S
2003529
OSigntex Inc
LIGHTING
SPECIFIED EMERGENCY LIGHTING
LED Mu//ion Mount Emergency Light
Outdoor Egress
SUGGESTED SPECIFICATIONS:
Supply and install the MOONLITE LED Series MUE Mullion Mount
emergency lighting fixture manufactured by Signtex Lighting Inc. The MUE
assembly shall be listed for installation in wet locations in compliance with UL
924 and IP66 standards and shall be capable of operating from Signtex
remote power supply Series RPS, the Signtex central battery system Series
CBS, or from other remote power sources supplying 12-24 VDC or VAC.
Upon loss of AC building power, emergency models shall operate for a
minimum of 90 minutes in compliance with UL Standard 924 and NFPA LSC
101.
MOUNTING DATA & DIMENSIONS:
GLASS
PANEL
MULLION —
LOW VOLTAGE
WIRING
MULLION MOUNT
L
5"
2 1/2"
TOP MOUNT
2 3/4" MOUNT
SCREW LOCATIONS
aw
i i-
0 0
LENGTH TABLE
POWER
L
10 Watts
10"
20 Watts
21"
2 WIRE
24V INPUT
---------
-'
1 1/2"
2 1 /4"
W -M
?t,tT
Emergency Power Rating (EPR): 10 WATTS
Security Power Rating (SPR): 10 WATTS
SPACING GUIDE
r'
..........
Series MUE
MUE.03.10.04
I Average Illuminance 1 Fc
Model
Mtg. Ht.
SPACING
Path of Egress Width
3 Ft.
6 Ft.
10 Ft.
MUE
8'
25'
1 25'
25'
NOTE, FOR REFERENCE ONLY STANDARD REFLECTANCES
80/50/20. SIGNTEX IS NOT RESPONSIBLE FOR SPECIFIC
CONDITIONS THAT MAYALTER THE RESULTS.
CONTACT SIGNTEX FOR LAYOUT ASSISTANCE
Code Compliant Emergency lighting layouts provided free of chargel
INPUT 120/ 277 VAC
RPS
OUTPUT 4.8V - 24V
MUE
MAXIMUM WIRING LENGTH
FROM RPS TO FIXTURE
WIRING
SIZE AWG
LENGTH (FT)
MUEBB
4.8v
MUE
12v
MUE
24v
#20
100
22
89
#18
170
35
142
#16 1
430
56
225
FIXTURE ORDERING INFORMATION: EXAMPLE: MUERE10AW-DG
MUE CB 10 A W -DG
MODEL SERIES L OPERATION POWER HOUSING COLOR MOUNT OPTIONS
RE= Central Battery or 10= 10 Watts
MUE rY W= Satin White T= Top DG= Battery Diagnostics
other 12- 24 VDC 20= 20 Watts A= Aluminum W= Wall SWC= Security Lighting with
Remote Source (See Length X= Custom Self- Contained Battery
BB= Battery Backup Table)
from RPS Models with battery backup and the SW option
may operate in Security Lighting mode when
AC= No Battery from RPS connected to the active building AC supply and
wired according to Installation Instructions. The
security lighting circuit is independent of
emergency lighting and may be switched
manually, by an exterior photocell, or other
Signtex Inc DISTRIBUTOR: means.
LIGHTING
220 VFWAvenue,Grasonvil1e,MD21638
TEL:)410)827-8300 Fax:(410)827-8866 Specifications and Dimensions subject to change without notice.
sales@signtexinc.com www.signtexinc.com
DESCRIPTION
Recessed 6 inch aperture lens downlight for vertical ED17P metal
halide lamp. Electronic ballast suitable for 120 volt or 277 volt
operation. Fixture is suitable for commercial construction and
wet location listed. Insulation must be kept 3" from top and sides
of housing. Specify housing and trim separately to complete
luminaire.
SPECIFICATION FEATURES
MECHANICAL
Frame
Boat shaped galvanized steel
frame with 1/2" plaster lip
accommodates ceilings up to
2" thick. May be used for new
construction or remodeling
installations. Provided with (2)
remodel clips to secure frame
when installed from below the
ceiling.
Mounting Brackets
Bar hanger receivers adjusts 2"
vertically from above the ceiling
or thru the aperture. Use with
No Fuss'" bar hangers or with
1/2" EMT. Removable to facilitate
installation from below the
ceiling.
No Fuss' Bar Hangers
Pre-installed and centered bar
hanger locks to tee grid with a
screwdriver or pliers. Centering
marks on the bar hanger
mechanism allows consistent
positioning of fixtures.
OPTICAL
Reflector
One piece aluminum reflector
secures lens in place with
integrated spring clips for a
DIMENSIONS
0
HALO Commercial
visually comfortable optic and
Socket Cap
allows for tool -less lens exchange
One piece metal cap attached
from below the ceiling. Available
securely to reflector with turn and
with clear, diffuse, prismatic,
lock mechanism.
fresnel or drop opal glass lens.
Control Gear
Self flanged standard.
Dual input 120V/277V or 347V
Specular Reflectors - Polished
electronic ballast.
flange standard with white
Insulation Detector
painted flange option.
Self heating insulation detector
Baffles and White Reflector -
opens circuit if insulation is
White painted flange
improperly installed.
standard.
Trim Retention
Reflector is retained with two
torsion springs and held tightly to
the finished ceiling surface.
ELECTRICAL
Junction Box
(6) 1/2" and (2) 3/4" trade size pry
outs positioned to allow straight
conduit runs. Listed for (12)
#12 AWG (six in, six out) 90°C
conductors and feed thru branch
wiring.
Lamp Socket
Pulse rated E26 medium base
protected porcelain socket
with nickel plated brass screw
shell accepts open fixture rated
(protected) lamp only.
Code Compliance
-Thermally protected and cULus
listed for wet locations.
IP44 rated for lens trims.
EMI/RFI per FCCTitle 47 CFR,
Part 18, non consumer limits.
High efficacy luminaire may
be used to meet IECC, ASHRAE
anclTitle 24 commercial
standards.
Meets CaliforniaT20 and
Federal EISA ballast efficiency
standards.
8.987°
1225.73-1
o G)
ILt6.1.935mmI.D
7.2 .
[16j
7.250"
84.151
7.750" O.D
1196B5mm1
26.400"
[670.56mm1
PD6V50E
PD6V70E
PD6V100E
60V
50, 70, 100W
ED17P
Metal Halide
6 -Inch Aperture
Lens Downlight
New Construction or
Remodel
Non -IC
' ADV111743
COOPER Lighting December 11, 2012 1:15 PM
HALO Commercial
ENERGY DATA
PD6V50E,PD6CPV50E
Min. Starting Temp -15°C,
+5°F
Sound Rating Class A
EMI/RFI Emissions FCC 47CFR Part 18 Non -Consumer
Limits
Input Frequency 50/60 Hz
Power Factor > 0.95
THD < 10% @ 120V
Input Voltage 120W277V
±10%
THD < 13% @ 277V
Power Factor > 0.99
Crest factor < 1.5
Ballast factor 1.00
Operating Frequency
140 Hz
cULus Listed, Type 1 Outdoor
50ED17P, MHC50/U/MPX
50ED17.MXR50/U/MED/0
50ED17, MP50/U/MED
Input Power 58W @ 120V
Input Power 57W @ 27TV
Input Current 0.50A @ 120V
Input Current 0.23A @ 277V
PD6V503E
Min. Starting Temp -30°C,
SOUND RATING CLAss A
-22°F
Input Frequency 50/60 Hz
EMI/RFI Emissions FCC 47CFR Part 18 Non -Consumer
Limits, Subparts C
Input Voltage 12OW277V
±10%
Input Frequency 50/60 Hz
Power Factor > 0.99
THD < 10%
Input Voltage 347V ±10%
Crest factor < 1.6
Ballast factor 1.00
Operating Frequency
UL Listed, cUL Certified, Class
170 Hz
P, Type 1 Outdoor, HL
50ED17P, MHC50/U/MPX
Input Power 56W
50ED17, MXR50/U/MED/O
Input Current 0.16A @ 347V
5OED1 7, MP50/U/MED
ORDERING INFORMATION
PD6V70E,PD6CPV70E
Min. Starting Tern
Rating Class A
EMI/RFI Emissions FCC 47CFR Part 18 Non -Consumer
Limits
Input Frequency 50/60 Hz
Power Factor > 0.95
THD < 6% @ 120V
Input Voltage 12OW277V
±10%
THD < 12% @ 277V
Ballast factor 1.00
Crest factor < 1.5
Ballast factor 1.00
Operating Frequency
140 Hz
cULus Listed, Type 1 Outdoor
70ED17P, MHC70/U/MP
70ED17,MXR70/U/MED/O
70ED17, MP70/U/MEO
Input Power 81W @ 120V
Input Power SOW @ 277V
Input Current 0.69A @ 120V
Input Current 0.30A @ 277V
PD6V703E
Min. Starting Temp -30°C,
-22°F
SOUND RATING CLASS A
EMI/RFI Emissions FCC 47CFR Part 18 Non -Consumer
Limits, Subparts C
Input Frequency 50/60 Hz
Power Factor > 0.99
THD < 10%
Input Voltage 347V ±10%
Crest factor < 1.6
Ballast factor 1.00
Operating Frequency
170 Hz
UL Listed, cUL Certified, Class
P, Type 1 Outdoor, HL
70ED17P, MHC70/U/MP
70ED17, MXR70/U/MED/O
70ED17, MP70/U/MED
Input Power BOW
Input Current 0.23A @ 347V
SAMPLE NUMBER: PD6V70E 60VIGC
Order housing, reflector and lamp separately for a complete luminaire.
Housing
PD6V = 6 Inch vertical E26
(protected) PAR metal halide
PD6CPV = 6 Inch vertical E26
(protected) PAR metal halide,
CCEA listed (Chicago Plenum)
Reflector I
ens Option
60V = 6" vertical G=Prismatic Glass
G=Diffuse Glass
G=Clear Glass
G=Fresnel Glass
Wattage / Ballast Option
39E = 39W MH, M130, 120V/277V
393E = 39W MH, M130, 347V
70E = 70W MH, M98, M139, 12OV/277V
703E = 70W MH, M98, M139, 347V
100E = t00W MH, M90, M140, 12OV/277V
1003E = 1DOW MH, M90, M140, 347V
0
COOPER Lighting
www.coopedighting.com
Finish Option
C=Specular Clear
G=Specular Gold
H=Semi Specular Clear
W=White (White Flange)
BB=Black Baffle (White Flange)
WB -White Baffle (White Flange)
Polymer'Dead Front" Trim
1GDF=Prismatic Glass with "Dead Front" Trim
2GDF=Diffuse Glass with "Dead Front" Trim
3GDF=Clear Glass with "Dead Front" Trim
4GDF=Fresnel Glass with "Dead Front" Trim
5GDF=Drop Opal Glass with "Dead Front" Trim
PD6V50E
PD6V70E
PD6V100E
60V
P06V1OOE,PD6CPV1OOE
Min. Starting Temp -15°C,
Sound Rating Class A
+5°F
(C, G, H)
EMI/RFI Emissions FCC 47GFR Part 18 Non -Consumer Limits
Input Frequency 50/60 Hz
Power Factor > 0.95
THD < 8% @ 120V
Input Voltage 120V/277V
THD < 10%
±10%
THD < 11% @ 277V
Ballast factor 1.00
Crest factor < 1.5
Ballast factor 1.00
Operating Frequency 140 Hz
cULus Listed, Type 1 Outdoor
100ED17P, MHC1 OO/U/MP
Input Power 112W @ 120V
1 OOEDI7P, MHC100/U/MP
Input Power 109W @ 277V
1 OOED17, MXR100/U/MED/O
100ED17, MP100/U/MED
Input Current 0.96A @ 120V
Input Current 0.43A @ 277V
PD6V1003E
Min. Starting Temp -30°C,
SOUND RATING CLASS A
-22°F
(C, G, H)
EMI/RFI Emissions FCC 47CFR Part 18 Non -Consumer Limits,
Subparts C
pair (replacement)
Input Frequency 50/60 Hz
Power Factor > 0.99
THD < 10%
Input Voltage 347V ±10%
Crest factor < 1.6
Ballast factor 1.00
Operating Frequency 170 Hz
UL Listed, GUL Certified, Class
P, Type 1 Outdoor, HL
100ED17P, MHC1 OO/U/MP
Input Power 108W
100ED17, MXR100/U/MED/O
Input Current 0.31A @ 347V
1 OOEO17, MP100/U/MED
Flange Option
Accessories
Blank=Polished FlangeHB128APK
= L channel hanger
(C, G, H)
bar, 26'",'No-Fuss',
Blank=White flange
pair (replacement)
(W, BB, WB)
"M= 22" long wood joist
WF=White Flange
mounting bars
tC, G, H)
Note:
t "DF" trim option includes Specular Clear (C) reflector
and white polymer flange only.
No other finish or flange options apply.
HALO Commercial
PHOTOMETRY
PD6V100E-6DVIGC_1111100
Spacing Criteria =1.22
Lumens per Watt = 42 LpW
Test No. P21694
Test Model: PD6V10DE-V1 GC_M100
00
COOPER Lighting
www.coopedighting.com
'CBCP
IDe�
Candela
0`
1967
5
1945
15
1812
25
1666
35
1486
45
1116
55
786
65
228
75
9
85
3
90
0
'CBCP
PD6V50E
PD6V70E
PD6VI"E
60V
(average CandeW
Degree
UP
Luminance
45
64014
55
51269
65
17865
75
918
85
458
PD6V50E
PD6V70E
PD6VI"E
60V
Beare diameter is to 50% of maximum footcandes, rounded to the nearest half -foot
Footcandle values are initial, apply appropriate light loss factors where necessary.
Distance to
Illutitinaied
Initial Nadir
Footcandles
Beam (it)
L W
term x�m
5.5'
65
6.7 6.7
7'
40
8.5 8.5
8'
31
9.7 9.7
9'
24
10.9 10.9
10'
20
12.2 12.2
12'
14
14.6 14.6
14'
10
17 1 17
Beare diameter is to 50% of maximum footcandes, rounded to the nearest half -foot
Footcandle values are initial, apply appropriate light loss factors where necessary.
Note: Specifications and Dimensions subject to change without notice.
Visit our web site at www.coopedighting.com
Customer First Center 1121 Highway 74 South Peachtree City, GA 30269 770.486.4800 FAX 770 486.4801
Cooper Lighting 5925 McLaughlin Rd. Mississauga, Ontario, Canada L5R 1 B8 905.507.4000 FAX 905.568.7049
Zone
Lumens
% Lamp
% Fixture
0-30
1465.65
18.60
34.70
0-40
2387.9
30.20
56.60
0-60
3949.09
50.00
93.50
0-90
4221.72
53.40
100.00
Note: Specifications and Dimensions subject to change without notice.
Visit our web site at www.coopedighting.com
Customer First Center 1121 Highway 74 South Peachtree City, GA 30269 770.486.4800 FAX 770 486.4801
Cooper Lighting 5925 McLaughlin Rd. Mississauga, Ontario, Canada L5R 1 B8 905.507.4000 FAX 905.568.7049
DESCRIPTION
The IMPACT Elite Trapezoid cutoff wall luminaire makes an ideal
complement to site design. Rugged construction and full cutoff classified
optics provide facade and security lighting for light restricted zones
surrounding schools, office complexes, apartments, and recreational
facilities. U.L. and cUL Listed for wet locations in down mount
applications and damp locations in up mounted applications.
SPECIFICATION FEATURES
Construction
Two-piece die-cast aluminum
housing and removable hinged
door frame nests securely for
precise tolerance control and
repeatability. Hinged door frame
inset for clean mating with housing
surface and secured via two [21
captive stainless steel fasteners.
Optional tamper resistant torx-
head fasteners [TR] offer vandal
resistant access to the electrical
compartment. 1/8" clear, heat and
impact resistant tempered flat glass
lens combine with molded silicone
gasket to seal the integrated optical
assembly, while ensuring peak
optical performance.
Electrical
Integral hard mount electrical
components are secured and
grounded within the die-cast
aluminum housing for optimal
heat sinking and extended
component life. Minimum starting
temperatures are -40°C (-40°F)
for HPS and -30°C (-22°F) for MP.
STANDARD DIMENSIONS
Compact fluorescent luminaires
feature electronic universal 120-
277V high efficiency 50/60Hz ballast
with -18°C (-0°F) minimum starting
temperature. Available in 50-175
HID or 26-84 CF. Emergency power
pack available for 26-64 CF.
L-16-1/2" I419mm I J811 �y" [— 9" [229mm] J
[210mm)
Optical
Premium anodized 95% reflective
aluminum optical assemblies
provide high efficiency Type
II distribution. Optional silk
screened house side flat glass
shield provides decreased wall
brightness. All Impact Elite Wall
Series luminaires classify as
IESNA full cutoff in downlight
applications. Available with
10% or 50% uplight options for
architectural highlighting of
building details.
Mounting
Gasketed and zinc plated rigid steel
mounting attachment fits directly
to 4" j -box or wall with the Impact
Elite "Hook -N -Lock" system for
McGRAW-EDISON®
fast installation and mounting in
both traditional downlighting [Wet
location] or inverted uplighting
[damp location] mounting
positions. Secured via two [21
captive corrosion resistant allen
head set screws concealed from
view, but accessible from bottom
of fixture.
Finish
Housing and door are protected
with 5 -stage premium TGIC
polyester powder coat paint.
Premium TGIC powder coat
finishes withstand extreme climate
changes while providing optimal
color and gloss retention over the
fixture's installed life. Standard
colors include black, bronze,
grey, white, dark platinum and
graphite metallic. RAL and custom
color matches available. Consult
McGraw -Edison Architectural
Colors Brochure for complete
selection.
HOOK -N -LOCK MOUNTING
(Mounting attachment included. J -Box not included.)
0 a
DIMENSIONS WITH BACK BOX
IST
IMPACT ELITE
TRAPEZOID
50 - 175W
Pulse Start Metal Halide
Metal Halide
High Pressure Sodium
26 - 84W
Compact Fluorescent
FULL CUTOFF
WALL MOUNT LUMINAIRE
E11-0'E11-033miWOM FCO
COMPLIANT11-c-111
NOTE: In d,w ,ght applications only.
TECHNICAL DATA
UL1598 Listed, CUL Listed
25°C Maximum Ambient Temperature
External Supply Wiring 90°C Minimum
Down Mounted—Wet Location
Up Mounted—Damp Location
ENERGY DATA
High Reactance Ballast Input Watts
50W HPS HPF (66 Watts)
50W MP HPF (72 Watts)
70W HPS HPF (91 Watts)
70W MP HPF (90 Watts)
10OW HPS HPF (130 Watts)
10OW MP HPF (129 Watts)
15OW HPS HPF (190 Watts)
15OW MP HPF (185 Watts)
Electronic Ballast Input Watts
26W CF HPF (29 Watts)
32W CF HPF (36 Watts)
42W CF HPF (46 Watts)
52W CF HPF (55 Watts)
SHIPPING DATA
Approximate Net Weight:
18 lbs. (8 kgs.)
I'll f)1
ET'
100
COOPER Lighting I ADH500166
www.cooperlighting.com 2013-06-13 15:30:31
PHOTOMETRICS
E IES FILES AVAILABLE AT WWW.COOPERLIGHTING.COM)
4
3
2
1
0
1
2
3
4
0 1 2 3 4 5
1ST -150 -MP -XX -2S
150 -Watt MP
14,000 -Lumen Clear Lamp
ORDERING INFORMATION
Sample Number: IST -100 -MP -120 -2S -GM
4
3
2
1
0
1
2
3
4
0 1 2 3 4 5
IST-150-HPS-XX-2S
150 -Watt HP
16,000 -lumen Clear Lamp
0 1 2 3 4
IST -42 -CF -XX -2S
42 -Watt CF
3,200 -Lumen Lamp
4
3
2
1
0
1
2
3
4
5
IST IMPACT ELITE TRAPEZOID
Footcandle Table
Lamp Type
Distribution
Select mounting height and read across for
footcandle values of each isofootcandle line.
Distance in units of mounting height.
IST=Impact Elite Small MP
Mounting Footcandle Values for
Height isofootcandle Lines
2S=Type II Segmented
F=Single Fuse (120, 277 or 347V)7
A B C
D
E
150 -MP / 150-HPS
10' 7.20 2.88 1.44
0.72
0.29
12' 5.00 2.00 1.00
0.50
0.20
14' 3.65 1.46 0.73
0.37
0.07
42 -CF
18' 2.46 1.23 0.62
0.25
0.12
20' 2.00 1.00 0.50
0.20
0.10
25' 1.28 0.64 0.32
0.13
0.06
Product Family Lamp Wattage '
Lamp Type
Distribution
-peons
IST=Impact Elite Small MP
MP=Pulse Start Metal
2S=Type II Segmented
F=Single Fuse (120, 277 or 347V)7
Trapezoid 50=50W2
Halide
FF=Double Fuse (208, 240 or 480V)7
70=70Wy
HPS=High Pressure
Color a
L=Lamp Included
100=100W
Sodium
AP=Gre y
P=Button Type Photocontroi (120V, 208, 240, or7
150=150W
MH=Metal Halide'
BZ= Bronze
277V)
CF=Compact
BK=Black
TR=Tamper Resistant Fasteners
HPS
Fluorescent
50=50W2
WH=White
UPI -10=10% Uptight
70=7OW2
Voltage 3
DP=Dark Platinum
HS=House Side Shield Glasse
100=100W
120=120V
GM=Graphite Metallic
PL=Polycarbonate Lens5• s
150=150W
208=208V
Q=Quartz Restrike T4 Lampe
MH
240=240V
EM=Emergency Quartz Restrike T4 Lamp w/ Time -
175=175W+
Delay Relay
277=277V
EM/SC=Emergency Separate Circuit T4 Lampe, to
CF
26=(1) 26W
347=347V
QMR=Quartz Restrike MR16 Lamp' 1. t2
1
32=(l)32W
480=480V
2QMR=Quartz Restrike w/ (2) MR16 Lamps". 12
1
42=(l) -O 42W
DT=Dual-Tap4
2QMR/SC=Quartz Restrike(1)MR16 to „ t2
MT=Multi-Tap's
Lamp and (1) Emergency
52=(2) 26W
1T=Triple-Tap4
Separate Circuit MR16 Lamp
64-(2) 32W
E7=Electronic s
EMMR=Emergency Quartz Restrike MR1611.12
84=(2) 42W
120-277V
Lamp w/ Time Delay Relay
2EMMR=Emergency Quartz Restrike with (2)11.12
Notes: 1
HID lamps are medium base. 175W MH is available
for non -U.S. markets only.
MR16 Lamps W/Tlme Delay Relay
2
Not available in 480V.
2EMMR/SC=Emergency Quartz Restrike +o, 11.12
Products also available in non -US voltages and
50Hz for international markets.
Consult your Cooper
with Time Delay Relay (1)
Representative for availability and ordering information.
MR16 and (1) MR16
4
Dual -Tap ballast is 120/277V wired 277V. Multi
Tap ballast is 1201208/2401277V
wired 277V. Tnple-Tap
Emergency Separate Circuit
ballast is 120/2771347V wired 347V.
Lamp
5
Available with CF Option only. In cold temperatures, compact fluorescent lamps produce lower illumination
levels.
EM/SC/MR=Emergency Separate Circuit10, 11, 13
MR16 Lamp
6
7
Add as suffix.
Must specify voltage.
2EM/SC/MR=Emergency Separate Circuitlo, 11, 13
with (2) MR16 Lamps
6
9
Down lighting position only.
(1) 120W Lamp, 100W maximum quartz lamp.
Utility power may need to cycle to allow HID lamp to cool in
EM/SC/12V=Emergency Separate Circuit 12V10, 14
warm climates. Not available with CF Option.
Lamp supplied by others.
Low Voltage (1) MR 16 Lamp
10
Leads out of the back of the unit for auxiliary power.
2EM/SC/12V` (2) Emergency Separate Circuitto, 14
11
(1) or (21120V Lamps. GU10 base, 50W maximum
each. Lamps supplied by others.
MR 16 Lamps (12V)
12
Not available with CF lamps.
EM14OB7 Emergency Cold Temperature (UL9241s
1;
Not available with 52, 64,84 CF wattages.
Listed) Power Pack -18 degrees C / 0
14
(1) or (2) 12V hi -pin lamp, socket GU5.3 base,
35W maximum.Power supplied by low voltage DC source
degrees F, (1) CF Lamp
(supplied by others). Lamp supplied by others.
2EIM40B= Emergency Cold Temperature ts. 1e
15
Specify 120 or 277,1-18^c) minimum temperature,
not available with UPI -10.
(UL924 Listed) Power Pack -18
ifi
Not available in e4 CF configuration.
degrees C/0 degrees F, (2) CF
17
Specify 120 or 277V, (0'C) minimum temperature,
not available with UPUO.
lamps with Back Box matching
18
Order separately, replace XX with color designation.
housing finish.
CFEMB= Emergency CF Power Pack (UL924 +�
Listed) (1) CF Lamps, 0 Degrees C/32
Degrees F
2CFEMB= Emergency CF Power Pack (UL92416,17
Listed) , 0 Degrees C/32 Degrees F,
(2) CF Lamps, with Back Box
matching housing finish.
MA1254-XX= Thruway back box- Impact Elite Trapezoid's
ri0�00 Lighting NOTE: Specifications and dimensions subject to change without notice. ADH100166
9 g Visit our web site at www.cooperlighting.com 2013-06-1315:30:31
www.cooperlighting.com Customer First Center 1121 Highway 74 South Peachtree City, GA 30269 770.486.4800 FAX 770.486.4801
2013-06-13 15:06:01
tf4 �t1i,r
*; First American
Title Company
General Information
Parcel #: R0619750080
Sub Division/Addition: AVEST PLAZA SUB
First American Title Company of Idaho (ADA County)
Primary Owner:
AVEST LIMITED PARTNERSHIP
Secondary Owner:
C -G
Site Address:
1722 N AVEST LN
Primary Characteristic:
MERIDIAN, ID 83646-0000
Mailing Address:
PO BOX 140075
Twn-Rng-Sec
BOISE, ID 83714-0000
Legal Description:
LOT 8 BLK 1 AVEST PLAZA SUB #95070357
Total Acreage:
1.252
Zoning:
C -G
Land Use:
$278,100.00 $4,027.62
Primary Characteristic:
LAND
School District:
MERIDIAN SCHOOL DISTRICT
Twn-Rng-Sec
3N1E05
Neighborhood:
0.015016725
Irrigation District:
NAMPA-MERIDIAN IRRGATION DISTRICT &
210: Commercial Lots Or Acreages
DRAINAGE
Fire District:
Meridian Fire District
Soils:
SICL SIL
Flood Zone:
X
Tax &Financial Information:
Year: Assd Val: HO Exmpt:
Tax Val: Est Tax:
2013 $278,100.00 $0.00
$278,100.00 $4,027.62
2013 $278,100.00 $0.00
$278,100.00 $4,027.62
2012 $278,100.00 $0.00
$278,100.00 $4,176.15
2011 $278,100.00 $0.00
$278,100.00 $3,805.84
Last Published Levy:
0.015016725
Code Area:
03
210: Commercial Lots Or Acreages
$278,100.00
" Tax information is provided and/or calculated from data provided by the Assessor's office and
is for reference use only. We make no guarantee as to the accuracy of the information and it is
subject to change without notice. Please contact the Assessofs office with any questions
regarding current or future tax estimates. ADA County 287-7200
Residential Characteristics
Dwelling Type:
Low Fir SgFt Fin:
Deck 1 Sci t:
Year Built:
Low Fir SgFt Un -Fin:
Deck 1 Covered?:
Property Type: REAL
Basement SgFt Fin:
Deck 2 Sci t:
Design:
Basement SgFt Un -Fin:
Deck 2 Covered?:
No. Bedrooms:
Attic SgFt Fin:
Patio 1 SgFt:
No. Bathrooms:
Attic SgFt Un -Fin:
Patio 1 Covered?:
No. Kitchens:
Car 1 Storage Sci t:
Patio 2 Sci t:
No. Fireplaces:
Car 1 Storage Type:
Patio 2 Covered?:
Heating Method?:
Car 2 Storage Type:
Pool Sci t:
Air Conditioning?:
Car 2 Storage SgFt:
Gen. Purpose Bldg SgFt:
Ground Floor Sci t:
Porch Sci t:
Upper Floor Sci t:
Total Sci t:
$/SgFt
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Recording Requested By,
And when recorded return to:
WELLS FARGO BANK,
NATIONAL ASSOCIATION
1740 Broadway
-Denver, CO 80274
Attention: Loan Documentation
COUNTY RECORDER
;.El 111kV 111 NA';Rn10
202 ALI 23 Fill ti: 03
RECORDE -R UST OF
FEE-
1102095872
EE-1102095872
DEED OF TRUST
AND ASSIGNMENT OF RENTS AND LEASES
1PI(3t4oR -I v &A
THIS DEED OF TRUST AND ASSIGNMENT (this "Deed of Trust") is executed as of March 21, 2001, by "EST
LIMITED PARTNERSHIP, AN IDAHO LIMITED PARTNERSHIP AND AV 11, L.L.C., AN IDAHO LIMITED LIABILITY
COMPANY ("Grantor"), to WELLS FARGO FINANCIAL NATIONAL BANK ("Trustee"), for the benefit of WELLS
FARGO BANK, NATIONAL ASSOCIATION ("Beneficiary").
ARTICLE L GRANT INTRUST
1.01 Grant. For the purposes and upon the terms and conditions in this Deed of Trust, Grantor irrevocably
grants, conveys and assigns to Trustee, in trust for the benefit of Beneficiary, with power of sale and right of
entry and possession, Grantor's interest in: (a) all real property located in Ada County, Idaho, and described on
Exhibit A attached hereto and which real property is within a city or village or is 20 acres or less in size; (b) all
easements, rights-of-way and rights used in connection with or as a means of access to any portion of said
real property; (c) all tenements, hereditaments and appurtenances thereof and thereto; (d) all right, title and
interest of Grantor, now owned or hereafter acquired, in and to any land lying within the right-of-way of any
street, open or proposed, adjoining said real property, and any and all sidewalks, alleys and strips and gores of
land adjacent to or used in connection with said real property; (e) all buildings, improvements and landscaping
now or hereafter erected or located on said real property; (f) all development rights, governmental or
quasi -governmental licenses, permits or approvals, zoning rights and other similar rights or interests which
relate to the development, use or operation of, or that benefit or are appurtenant to, said real property; (g) all
mineral rights, oil and gas rights, air rights, water or water rights, including without limitation, all wells,
canals, ditches and reservoirs of any nature and all rights thereto, appurtenant to or associated with said real
property, whether decreed or undecreed, tributary or non -tributary, surface or underground, appropriated or
unappropriated, and all shares of stock in any water, canal, ditch or reservoir company, and all well permits,
water service contracts, drainage rights and other evidences of any such rights; and (h) all interest or estate
which Grantor now has or may hereafter acquire in said real property and all additions and accretions thereto,
and all awards or payments made for the taking of all or any portion of said real property by eminent domain
or any proceeding or purchase in lieu thereof, or any damage to any portion of said real property (collectively,
the "Subject Property"). The listing of specific rights or property shall not be interpreted as a limitation of
general terms.
1.02 Address. The address of the Subject Property (if known) is: 1910 East Fairview Avenue, Meridian, ID
83704. Neither the failure to designate an address nor any inaccuracy in the address designated shall affect
the validity or priority of the lien of this Deed of Trust on the Subject Property as described on Exhibit A. In
the event of any conflict between the provisions of Exhibit A and said address, Exhibit A shall control.
DEED OF TRUST With Assignment of Rents (11/00) Page 1
03829,0492747M
ARTICLE IL OBLIGATIONS SECURED
2.01 Obligations Secured. Grantor makes this grant and assignment for the purpose of securing the
following obligations (each, a "Secured Obligation" and collectively, the "Secured Obligations"):
(a) payment to Beneficiary of all sums at any time owing and performance of all other obligations arising
under or in connection with that certain promissory note ("Note") dated as of January 11, 2001, in the
maximum principal amount of $5,000,000.00, with interest as provided therein, executed by Avest Limited
Partnership and payable to Beneficiary or its order on or before November 8, 2002, together with the payment
and performance of any other indebtedness or obligations incurred in connection with the credit
accommodation evidenced by the Note, whether or not specifically referenced therein; and
(b) payment and performance of all obligations of Grantor under this Deed of Trust, together with all
advances, payments or other expenditures made by Beneficiary or Trustee as or for the payment or
performance of any such obligations of Grantor; and
(c) payment and performance of all obligations, if any, and the contracts under which they arise, which
any rider attached to and recorded with this Deed of Trust recites are secured hereby; and
(d) payment and performance of all future advances and other obligations that the then record owner of
the Subject Property may agree to pay and/or perform (whether as principal, surety or guarantor) for the
benefit of Beneficiary, when any such advance or other obligation is evidenced by a writing which recites that
it is secured by this Deed of Trust; and
(e) all modifications, extensions and renewals of any of the Secured Obligations (including without
limitation, (i) modifications, extensions or renewals at a different rate of interest, or (ii) deferrals or
accelerations of the required principal payment dates or interest payment dates or both, in whole or in part),
however evidenced, whether or not any such modification, extension or renewal is evidenced by a new or
additional promissory note or notes.
2.02 Obligations. The term "obligations" is used herein in its most comprehensive sense and includes any
and all advances, debts, obligations and liabilities heretofore, now or hereafter made, incurred or created,
whether voluntary or involuntary and however arising, whether due or not due, absolute or contingent,
liquidated or unliquidated, determined or undetermined, joint or several, including without limitation, all
principal, interest, charges, including prepayment charges and late charges, and loan fees at any time accruing
or assessed on any Secured Obligation.
2.03 Incorporation. All terms of the Secured Obligations are incorporated herein by this reference. All
persons who may have or acquire an interest in the Subject Property are hereby deemed to have notice of the
terms of the Secured Obligations and to have notice, if provided therein, that: (a) the Note or any other
Secured Obligation may permit borrowing, repayment and reborrowing; and (b) the rate of interest on one or
more of the Secured Obligations may vary from time to time.
ARTICLE Ill. ASSIGNMENT OF RENTS
3.01 Assignment. For the purposes and upon the terms and conditions set forth herein, Grantor irrevocably
assigns to Beneficiary all of Grantor's right, title and interest in, to and under all leases, licenses, rental
agreements and other agreements of any kind relating to the use or occupancy of any of the Subject Property,
whether existing as of the date hereof or at any time hereafter entered into, together with all guarantees of
and security for any tenant's or lessee's performance thereunder, and all amendments, extensions, renewals
and modifications thereto (each, a "Lease" and collectively, the "Leases"), together with any and all other
rents, issues and profits of the Subject Property (collectively, "Rents"). This assignment shall not impose
upon Beneficiary any duty to produce Rents from the Subject Property, nor cause Beneficiary to be: (a) a
"mortgagee in possession" for any purpose; (b) responsible for performing any of the obligations of the lessor
or landlord under any Lease; or (c) responsible for any waste committed by any person or entity at any time in
DEED OF TRUST With Assignment of Rents (11/00) Page 2
03829,#0492747513
possession of the Subject Property or any part thereof, or for any dangerous or defective condition of the
Subject Property, or for any negligence in the management, upkeep, repair or control of the Subject Property,
This is an absolute assignment, not an assignment for security only, and Beneficiary's right to Rents is not
contingent upon and may be exercised without possession of the Subject Property. Grantor agrees to execute
and deliver to Beneficiary, within five (5) days of Beneficiary's written request, such additional documents as
Beneficiary or Trustee may reasonably request to further evidence the assignment to Beneficiary of any and all
Leases and Rents.
3.02 Protection of Security. To protect the security of this assignment, Grantor agrees:
(a) At Grantor's sole cost and expense: (i) to perform each obligation to be performed by the lessor or
landlord under each Lease and to enforce or secure the performance of each obligation to be performed by the
lessee or tenant under each Lease; iii) not to modify any Lease in any material respect, nor accept surrender
under or terminate the term of any Lease; (iii) not to anticipate the Rents under any Lease; and (iv) not to
waive or release any lessee or tenant of or from any Lease obligations. Grantor assigns to Beneficiary all of
Grantor's right and power to modify the terms of any Lease, to accept a surrender under or terminate the term
of or anticipate the Rents under any Lease, and to waive or release any lessee or tenant of or from any Lease
obligations, and any attempt on the part of Grantor to exercise any such rights or powers without
Beneficiary's prior written consent shall be a breach of the terms hereof.
(b) At Grantor's sole cost and expense, to defend any action in any manner connected with any Lease or
the obligations thereunder, and to pay all costs of Beneficiary or Trustee, including reasonable attorneys' fees,
in any such action in which Beneficiary or Trustee may appear.
(c) That, should Grantor fail to do any act required to be done by Grantor under a Lease, then Beneficiary
or Trustee, but without obligation to do so and without notice to Grantor and without releasing Grantor from
any obligation hereunder, may make or do the same in such manner and to such extent as Beneficiary or
Trustee deems necessary to protect the security hereof, and, in exercising such powers, Beneficiary or Trustee
may employ attorneys and other agents, and Grantor shall pay necessary costs and reasonable attorneys' fees
incurred by Beneficiary or Trustee, or their agents, in the exercise of the powers granted herein. Grantor shall
give prompt notice to Beneficiary of any default by any lessee or tenant under any Lease, and of any notice of
default on the part of Grantor under any Lease received from a lessee or tenant thereunder, together with an
accurate and complete copy thereof.
(d) To pay to Beneficiary immediately upon demand all sums expended under the authority hereof,
including reasonable attorneys' fees, together with interest thereon at the highest rate per annum payable
under any Secured Obligation, and the same, at Beneficiary's option, may be added to any Secured Obligation
and shall be secured hereby.
3.03 License. Beneficiary confers upon Grantor a license ("License") to collect and retain the Rents as, but
not before, they come due and payable, until the occurrence of any Default. Upon the occurrence of any
Default, the License shall be automatically revoked, and Beneficiary or Trustee may, at Beneficiary's option
and without notice, either in person or by agent, with or without bringing any action, or by a receiver to be
appointed by a court: (a) enter, take possession of, manage and operate the Subject Property or any part
thereof; (b) make, cancel, enforce or modify any Lease; (c) obtain and evict tenants, fix or modify Rents, and
do any acts which Beneficiary or Trustee deems proper to protect the security hereof; and (d) either with or
without taking possession of the Subject Property, in its own name, sue for or otherwise collect and receive
all Rents, including those past due and unpaid, and apply the same in accordance with the provisions of this
Deed of Trust. The entering and taking possession of the Subject Property, the collection of Rents and the
application thereof as aforesaid, shall not cure or waive any Default, nor waive, modify or affect any notice of
default hereunder, nor invalidate any act done pursuant to any such notice. The License shall not grant to
Beneficiary or Trustee the right to possession, except as provided in this Deed of Trust.
ARTICLE IV. RIGHTS AND DUTIES OF THE PARTIES
4.01 Title. Grantor warrants that, except as disclosed to Beneficiary prior to the date hereof in a writing
which refers to this warranty, Grantor lawfully possesses and holds fee simple title to, or if permitted by
DEED OF TRUST With Assignment of Rents (11/00) Page 3
03829,#0492747513
Beneficiary in writing a leasehold interest in, the Subject -Property without limitation on the right to encumber,
as herein provided, and that this Deed of Trust is a valid lien on the Subject Property and all of Grantor's
interest therein.
4.02 Taxes and Assessments. Subject to the right, if any, of Grantor to contest payment of the following
pursuant to any other agreement between Grantor and Beneficiary, Grantor shall pay prior to delinquency all
taxes, assessments, levies and charges imposed: (a) by any public or quasi -public authority or utility company
which are or which may become a lien upon or cause a loss in value of the Subject Property or any interest
therein; or (b) by any public authority upon Beneficiary by reason of its interest in any Secured Obligation or in
the Subject Property, or by reason of any payment made to Beneficiary pursuant to any Secured Obligation;
provided however, that Grantor shall have no obligation to pay any income taxes of Beneficiary. Promptly
upon request by Beneficiary, Grantor shall furnish to Beneficiary satisfactory evidence of the payment of all of
the foregoing. Beneficiary is hereby authorized to request and receive from the responsible governmental and
non-governmental personnel written statements with respect to the accrual and payment of any of the
foregoing.
4.03 Performance of Secured Obligations. Grantor shall promptly pay and perform each Secured Obligation
when due.
4.04 Liens. Encumbrances and Charges. Grantor shall immediately discharge any lien on the Subject
Property not approved by Beneficiary in writing. Except as otherwise provided in any Secured Obligation or
other agreement with Beneficiary, Grantor shall pay when due all obligations secured by or reducible to liens
and encumbrances which shall now or hereafter encumber the Subject Property, whether senior or subordinate
hereto, including without limitation, any mechanics' liens.
4.05 Insurance. Grantor shall insure the Subject Property against loss or damage by fire and such other risks
as Beneficiary shall from time to time require. Grantor shall carry public liability insurance, flood insurance as
required by applicable law and such other insurance as Beneficiary may reasonably require, including without
limitation, business interruption insurance or loss of rental value insurance. Grantor shall maintain all required
insurance at Grantor's expense, under policies issued by companies and in form and substance satisfactory to
Beneficiary. Neither Beneficiary nor Trustee, by reason of accepting, rejecting, approving or obtaining
insurance, shall incur any liability for: (a) the existence, nonexistence, form or legal sufficiency thereof; (b) the
solvency of any insurer; or (c) the payment of losses. All policies and certificates of insurance shall name
Beneficiary as loss payee, and shalt provide that the insurance cannot be terminated as to Beneficiary except
upon a minimum of ten (10) days' prior written notice to Beneficiary. Immediately upon any request by
Beneficiary, Grantor shall deliver to Beneficiary the original of all such policies or certificates, with receipts
evidencing annual prepayment of the premiums.
4.06 Tax and Insurance Impounds. At Beneficiary's option and upon its demand, Grantor shall, until all
Secured Obligations have been paid in full, pay to Beneficiary monthly, annually or as otherwise directed by
Beneficiary an amount estimated by Beneficiary to be equal to: (a) all taxes, assessments, levies and charges
imposed by any public or quasi -public authority or utility company which are or may become a lien upon the
Subject Property and will become due for the tax year during which such payment is so directed; and (b)
premiums for fire, other hazard and mortgage insurance next due. If Beneficiary determines that amounts paid
by Grantor are insufficient for the payment in full of such taxes, assessments, levies and/or insurance
premiums, Beneficiary shall notify Grantor of the increased amount required for the payment thereof when
due, and Grantor shall pay to Beneficiary such additional amount within thirty (30) days after notice from
Beneficiary. All amounts so paid shall not bear interest, except to the extent and in the amount required by
law. So long as there is no Default, Beneficiary shall apply said amounts to the payment of, or at
Beneficiary's sole option release said funds to Grantor for application to and payment of, such taxes,
assessments, levies, charges and insurance premiums. if a Default exists, Beneficiary at its sole option may
apply all or any part of said amounts to any Secured Obligation and/or to cure such Default, in which event
Grantor shall be required to restore all amounts so applied, as well as to cure any Default not cured by such
application. Grantor hereby grants and transfers to Beneficiary a security interest in all amounts so paid and
held in Beneficiary's possession, and all proceeds thereof, to secure the payment and performance of each
Secured Obligation. Upon assignment of this Deed of Trust, Beneficiary shall have the right to assign all
amounts collected and in its possession to its assignee, whereupon Beneficiary and Trustee shall be released
DEED OF TRUST With Assignment of Rents (11!00) Page 4
03829,#0492747513
from all liability with respect thereto. The existence.of said impounds shall not limit Beneficiary's rights under
any other provision of this Deed of Trust or any other agreement, statute or rule of law. Within ninety-five
(95) days following full repayment of all Secured Obligations (other than as a consequence of a foreclosure or
conveyance in lieu of foreclosure of the liens and security interests securing any Secured Obligation), or at
such earlier time as Beneficiary in its discretion may elect, the balance of all amounts collected and in
"Beneficiary's possession shall be paid to Grantor, and no other party shall have any right of claim thereto.
4.07 Damanes; Insurance and Condemnation Proceeds.
(a) (i) All awards of damages and all other compensation payable directly or indirectly by reason of a
condemnation or proposed condemnation (or transfer in lieu thereof) for public or private use affecting the
Subject Property; (ii) all other claims and awards for damages to or decrease in value of the Subject Property;
(iii) all proceeds of any insurance policies payable by reason of loss sustained to the Subject Property; and (iv)
all interest which may accrue on any of the foregoing, are all absolutely and irrevocably assigned to and shall
be paid to Beneficiary. At the absolute discretion of Beneficiary, whether or not its security is or may be
impaired, but subject to applicable law if any, and without regard to any requirement contained in any other
Section hereof, Beneficiary may apply all or any of the proceeds it receives to its expenses in settling,
prosecuting or defending any such claim and apply the balance to the Secured Obligations in any order, and
release all or any part of the proceeds to Grantor upon any conditions Beneficiary may impose. Beneficiary
may commence, appear in, defend or prosecute any assigned claim or action, and may adjust, compromise,
settle and collect all claims and awards assigned to Beneficiary; provided however, that in no event shall
Beneficiary be responsible for any failure to collect any claim or award, regardless of the cause of the failure.
(b) At its sole option, Beneficiary may permit insurance or condemnation proceeds held by Beneficiary to
be used for repair or restoration but may impose any conditions on such use as Beneficiary deems necessary.
4.08 Maintenance and Preservation of Subject Property. Subject to the provisions of any Secured
Obligation, Grantor covenants:
(a) to keep the Subject Property in good condition and repair;
(b) except with Beneficiary's prior written consent, not to remove or demolish the Subject Property, nor
alter, restore or add to the Subject Property, nor initiate or acquiesce in any change in any zoning or other land
classification which affects the Subject Property;
(c) to restore promptly and in good workmanlike manner any portion of the Subject Property which may be
damaged or destroyed, unless Beneficiary requires that all of the insurance proceeds be used to reduce the
Secured Obligations as provided in Section 4.07 hereof;
(d) to comply with and not to suffer violation of any or all of the following which govern acts or conditions
on, or otherwise affect the Subject Property: (i) laws, ordinances, regulations, standards and judicial and
administrative rules and orders; (ii) covenants, conditions, restrictions and equitable servitudes, whether public
or private; and (iii) requirements of insurance companies and any bureau or agency which establishes
standards of insurability;
(e) not to commit or permit waste of the Subject Property; and
(f) to do all other acts which from the character or use of the Subject Property may be reasonably
necessary to maintain and preserve its value.
4.09 Hazardous Substances: Environmental Provisions. Grantor represents and warrants to Beneficiary as
follows:
(a) Except as disclosed to Beneficiary in writing prior to the date hereof, the Subject Property is not and
has not been a site for the use, generation, manufacture, storage, treatment, disposal, release or threatened
release, transportation or presence of any substances which are "hazardous substances," "hazardous wastes,"
"hazardous materials" or "toxic substances" under the Hazardous Materials Laws, as defined below, and/or
DEED OF TRUST With Assignment of Rents (11JOo) Page 5
03829,#0492747513
other applicable environmental laws, ordinances and regulations (collectively, the "Hazardous Materials")
(b) The Subject Property is in compliance with all laws, ordinances and regulations relating to Hazardous
Materials (collectively, the "Hazardous Materials Laws"), including without limitation, the Clean Air Act, the
Federal Water Pollution Control Act, the Federal Resource Conservation and Recovery Act of 1976, the
Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Superfund
Amendments and Reauthorization Act of 1986, the Federal Toxic Substances Control Act and the
Occupational Safety and Health Act, as any of the same may be amended, modified or supplemented from
time to time, and any other applicable federal, state or local environmental laws, and any rules or regulations
adopted pursuant to any of the foregoing.
(c) There are no claims or actions pending or threatened against Grantor or the Subject Property by any
governmental entity or agency, or any other person or entity, relating to any Hazardous Materials or pursuant
to any Hazardous Materials Laws.
(d) Grantor hereby agrees to defend, indemnify and hold harmless Beneficiary, its directors, officers,
employees, agents, successors and assigns, from and against any and all losses, damages, liabilities, claims,
actions, judgments, court costs and legal or other expenses (including without limitation, attorneys' fees and
expenses) which Beneficiary may incur as a direct or indirect consequence of the use, generation,
manufacture, storage, treatment, disposal, release or threatened release, transportation or presence of
Hazardous Materials in, on, under or about the Subject Property. Grantor shall pay to Beneficiary immediately
upon demand any amounts owing under this indemnity, together with interest from the date of demand until
paid in full at the highest rate of interest applicable to any Secured Obligation. GRANTOR'S DUTY AND
OBLIGATION TO DEFEND, INDEMNIFY AND HOLD HARMLESS BENEFICIARY SHALL SURVIVE THE
CANCELLATION OF THE SECURED OBLIGATIONS AND THE RELEASE, RECONVEYANCE OR PARTIAL
RECONVEYANCE OF THIS DEED OF TRUST.
(e) Grantor shall immediately advise Beneficiary in writing upon Grantor's discovery of any occurrence or
condition on the Subject Property, or on any real property adjoining or in the vicinity of the Subject Property
that does or could cause all or any part of the Subject Property, to be contaminated with any Hazardous
Materials or otherwise be in violation of any Hazardous Materials Laws, or cause the Subject Property to be
subject to any restrictions on the ownership, occupancy, transferability or use thereof under any Hazardous
Materials Laws.
4.10 Protection of Security. Grantor shall, at Grantor's sole expense: (a) protect, preserve and defend the
Subject Property and Grantor's title and right to possession of the Subject Property against all adverse claims;
(b) if Grantor's interest in the Subject Property is a leasehold interest or estate, pay and perform in a timely
manner all obligations to be paid and/or performed by the lessee or tenant under the lease or other agreement
creating such leasehold interest or estate; and (c) protect, preserve and defend the security of this Deed of
Trust and the rights and powers of Beneficiary and Trustee under this Deed of Trust against all adverse claims.
Grantor shall give Beneficiary and Trustee prompt notice in writing of the assertion of any claim, the filing of
any action or proceeding, or the occurrence of any damage, condemnation offer or other action relating to or
affecting the Subject Property and, if Grantor's interest in the Subject Property is a leasehold interest or
estate, of any notice of default or demand for performance under the lease or other agreement pursuant to
which such leasehold interest or estate was created or exists.
4,1 1 Acceptance of Trust Powers and Duties of Trustee. Trustee accepts this trust when this Deed of Trust
is executed. From time to time, upon written request of Beneficiary and, to the extent required by applicable
law presentation of this Deed of Trust for endorsement, and without affecting the personal liability of any
person for payment of any indebtedness or performance of any of the Secured Obligations, Beneficiary, or
Trustee at Beneficiary's direction, may, without obligation to do so or liability therefor and without notice: (a)
reconvey all or any part of the Subject Property from the lien of this Deed of Trust; (b) consent to the making
of any map or plat of the Subject Property; and (c) join in any grant of easement thereon, any declaration of
covenants and restrictions, any extension agreement or any agreement subordinating the lien or charge of this
Deed of Trust. Trustee or Beneficiary may from time to time apply to any court of competent jurisdiction for
aid and direction in the execution of the trusts and the enforcement of the rights and remedies available under
this Deed of Trust, and may obtain orders or decrees directing, confirming or approving acts in the execution
DEED OF TRUST With Assignment of Rena (11 /00)
03829, #0492747S 13 Page 6
of said trusts and the enforcement of said rights and remedies. Trustee has no obligation to notify any party
of any pending sale or any action or proceeding (including, but not limited to, actions in which Grantor,
Beneficiary or Trustee shall be a party) unless held or commenced and maintained by Trustee under this Deed
of Trust. Trustee shall not be obligated to perform any act required of it under this Deed of Trust unless the
performance of the act is requested in writing and Trustee is reasonably indemnified against all losses, costs,
liabilities and expenses in connection therewith.
4.12 Compensation: Exculpation Indemnification.
(a) Grantor shall pay all Trustee's fees and reimburse Trustee for all expenses in the administration of this
trust, including reasonable attorneys' fees. Grantor shall pay Beneficiary reasonable compensation for services
rendered concerning this Deed of Trust, including without limitation, the providing of any statement of
amounts owing under any Secured Obligation. Beneficiary shall not directly or indirectly be liable to Grantor or
any other person as a consequence of: (i) the exercise of any rights, remedies or powers granted to
Beneficiary in this Deed of Trust; (ii) the failure or refusal of Beneficiary to perform or discharge any obligation
or liability of Grantor under this Deed of Trust or any Lease or other agreement related to the Subject Property;
or (iii) any loss sustained by Grantor or any third party as a result of Beneficiary's failure to lease the Subject
Property after any Default or from any other act or omission of Beneficiary in managing the Subject Property
after any Default unless such loss is caused by the willful misconduct or gross negligence of Beneficiary; and
no such liability shall be asserted or enforced against Beneficiary, and all such liability is hereby expressly
waived and released by Grantor.
(b) Grantor shall indemnify Trustee and Beneficiary against, and hold them harmless from, any and all
losses, damages, liabilities, claims, causes of action, judgments, court costs, attorneys' fees and other legal
expenses, costs of evidence of title, costs of evidence of value, and other expenses which either may suffer
or incur: (i) by reason of this Deed of Trust; (ii) by reason of the execution of this trust or the performance of
any act required or permitted hereunder or by law; (iii) as a result of any failure of Grantor to perform
Grantor's obligations; or (iv) by reason of any alleged obligation or undertaking of Beneficiary to perform or
discharge any of the representations, warranties, conditions, covenants or other obligations contained in any
other document related to the Subject Property, including without limitation, the payment of any taxes,
assessments, rents or other lease obligations, liens, encumbrances or other obligations of Grantor under this
Deed of Trust. Grantor's duty to indemnify Trustee and Beneficiary shall survive the payment, discharge or
cancellation of the Secured Obligations and the release or reconveyance, in whole or in part, of this Deed of
Trust.
(c) Grantor shall pay all indebtedness arising under this Section 4.12 immediately upon demand by Trustee
or Beneficiary, together with interest thereon from the date of demand until paid in full at the highest rate per
annum payable under any Secured Obligation. Beneficiary may, at its option, add any such indebtedness to
any Secured Obligation.
4.13 Substitution of Trustees. From time to time, by a writing signed and acknowledged by Beneficiary and
recorded in the Office of each Recorder of the County in which the Subject Property is situated, Beneficiary
may appoint another trustee to act in the place and stead of Trustee or any successor. Such writing shall set
forth the recordation date and any recording or other information required by law. The recordation of such
instrument of substitution shall discharge Trustee herein named and shall appoint the new trustee as the
trustee hereunder with the same effect as if originally named Trustee herein. A writing recorded pursuant to
the provisions of this Section 4.13 shall be conclusive proof of the proper substitution of such new Trustee.
4.14 Due on Sale or Encumbrance. Except as permitted by the provisions of any Secured Obligation or
applicable law, if the Subject Property or any interest therein shall be sold, transferred (including without
limitation, where applicable, through sale or transfer of a majority or controlling interest of the corporate
stock, or any general partnership, limited liability company or other similar interests of Grantor), mortgaged,
assigned, encumbered or leased, whether voluntarily, involuntarily or by operation of law (each of which
actions and events is called a "Transfer"), without Beneficiary's prior written consent, THEN Beneficiary may,
at its sole option, declare all Secured Obligations immediately due and payable in full. Grantor shall notify
Beneficiary in writing of each Transfer within ten 00) business days of the date thereof.
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4.15 Releases, Extensions. Modifications and Additional Secur' Without notice to or the consent,
approval or agreement of any persons or entities having any interest at any time in the Subject Property or in
any manner obligated under any Secured Obligation (each, an "Interested Party"), Beneficiary may, from time
to time, release any Interested Party from liability for the payment of any Secured Obligation, take any action
or make any agreement extending the maturity or otherwise altering the terms or increasing the amount of any
Secured Obligation, accept additional security, and enforce, waive, subordinate or release all or a portion of
the Subject Property or any other security for any Secured Obligation. None of the foregoing actions shall
release or reduce the personal liability of any Interested Party, nor release or impair the priority of the lien of
this Deed of Trust upon the Subject Property.
4.16 Reconyeyance, Upon Beneficiary's written request, and solely to the extent required by applicable law
upon surrender of this Deed of Trust and every note or other instrument setting forth any Secured Obligations
to Trustee for cancellation, Trustee shall reconvey, without warranty, the Subject Property, or that portion
thereof then covered hereby, from the lien of this Deed of Trust. The recitals of any matters or facts in any
reconveyance executed hereunder shall be conclusive proof of the truthfulness thereof. To the extent
permitted by law, the reconveyance may describe the grantee as "the person or persons legally entitled
thereto." Neither Beneficiary nor Trustee shall have any duty to determine the rights of persons claiming to be
rightful grantees of any reconveyance. When the Subject Property has been fully reconveyed, the last such
reconveyance shall operate as a reassignment of all future Rents to the person or persons legally entitled
thereto. Upon Beneficiary's demand, Grantor shall pay all costs and expenses incurred by Beneficiary in
connection with any reconveyance.
4.17 Subrogation. Beneficiary shall be subrogated to the lien of all encumbrances, whether or not released
of record, paid in whole or in part by Beneficiary pursuant to this Deed of Trust or by the proceeds of any
Secured Obligation.
4.18 Grantor Different From Obligor ("Third Party Grantor"). As used in this Section 4.18, the term
"Obligor" shall mean each person or entity obligated in any manner under any of the Secured Obligations; and
the term "Third Party Grantor" shall mean (1) each person or entity included in the definition of Grantor herein
and which is not an Obligor under all of the Secured Obligations, and (2) each person or entity included in the
definition of Grantor herein if any Obligor is not included in said definition.
(a) Representations and Warranties. Each Third Party Grantor represents and warrants to Beneficiary
that: (i) this Deed of Trust is executed at an Obligor's request; (ii) this Deed of Trust complies with all
agreements between each Third Party Grantor and any Obligor regarding such Third Party Grantor's execution
hereof; (iii) Beneficiary has made no representation to any Third Party Grantor as to the creditworthiness of
any Obligor; and (iv) each Third Party Grantor has established adequate means of obtaining from each Obligor
on a continuing basis financial and other information pertaining to such Obligor's financial condition. Each
Third Party Grantor agrees to keep adequately informed from such means of any facts, events or
circumstances which might in any way affect such Third Party Grantor's risks hereunder. Each Third Party
Grantor further agrees that Beneficiary shall have no obligation to disclose to any Third Party Grantor any
information or material about any Obligor which is acquired by Beneficiary in any manner. The liability of each
Third Party Grantor hereunder shall be reinstated and revived, and the rights of Beneficiary shall continue if
and to the extent that for any reason any amount at any time paid on account of any Secured Obligation is
rescinded or must otherwise be restored by Beneficiary, whether as a result of any proceedings in bankruptcy
or reorganization or otherwise, all as though such amount had not been paid. The determination as to
whether any amount so paid must be rescinded or restored shall be made by Beneficiary in its sole discretion;
provided however, that if Beneficiary chooses to contest any such matter at the request of any Third Party
Grantor, each Third Party Grantor agrees to indemnify and hold Beneficiary harmless from and against all costs
and expenses, including reasonable attorneys' fees, expended or incurred by Beneficiary in connection
therewith, including without limitation, in any litigation with respect thereto.
(b) Waivers.
(i) Each Third Party Grantor waives any right to require Beneficiary to: (A) proceed against any Obligor
or any other person; (B) marshal assets or proceed against or exhaust any security held from any Obligor or
any other person; (C) give notice of the terms, time and place of any public or private sale of personal
DEED OF TRUST With Assignment of Rents (1 1 /00) Page 8
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property security held from any Obligor or any other. person, or otherwise comply with any other provisions of
Section 9504 of the Idaho Uniform Commercial Code; (D) take any action or pursue any other remedy in
Beneficiary's power; or (E) make any presentment or demand for performance, or give any notice of
nonperformance, protest, notice of protest or notice of dishonor hereunder or in connection with any
obligations or evidences of indebtedness held by Beneficiary as security for or which constitute in whole or in
part the Secured Obligations, or in connection with the creation of new or additional obligations.
(ii) Each Third Party Grantor waives any defense to its obligations hereunder based upon or arising by
reason of: (A) any disability or other defense of any Obligor or any other person; (B) the cessation or limitation
from any cause whatsoever, other than payment in full, of any Secured Obligation; (C) any lack of authority of
any officer, director, partner, agent or any other person acting or purporting to act on behalf of any Obligor
which is a corporation, partnership or other type of entity, or any defect in the formation of any such Obligor;
(D) the application by any Obligor of the proceeds of any Secured Obligation for purposes other than the
purposes represented by any Obligor to, or intended or understood by, Beneficiary or any Third Party Grantor;
(E) any act or omission by Beneficiary which directly or indirectly results in or aids the discharge of any Obligor
or any portion of any Secured Obligation by operation of law or otherwise, or which in any way impairs or
suspends any rights or remedies of Beneficiary against any Obligor; (F) any impairment of the value of any
interest in any security for the Secured Obligations or any portion thereof, including without limitation, the
failure to obtain or maintain perfection or recordation of any interest in any such security, the release of any
such security without substitution, and/or the failure to preserve the value of, or to comply with applicable
law in disposing of, any such security; (G) any modification of any Secured Obligation, in any form
whatsoever, including without limitation the renewal, extension, acceleration or other change in time for
payment of, or other change in the terms of, any Secured Obligation or any portion thereof, including increase
or decrease of the rate of interest thereon; or (H) any requirement that Beneficiary give any notice of
acceptance of this Deed of Trust. Until all Secured Obligations shall have been paid in full, no Third Party
Grantor shall have any right of subrogation, and each Third Party Grantor waives any right to enforce any
remedy which Beneficiary now has or may hereafter have against any Obligor or any other person, and waives
any benefit of, or any right to participate in, any security now or hereafter held by Beneficiary. Each Third
Party Grantor further waives all rights and defenses it may have arising out of: (1) any election of remedies by
Beneficiary, even though that election of remedies, such as a non -judicial foreclosure with respect to any
security for any portion of the Secured Obligations, destroys such Third Party Grantor's rights of subrogation
or such Third Party Grantor's rights to proceed against any Obligor for reimbursement; or (2) any loss of rights
any Third Party Grantor may suffer by reason of any rights, powers or remedies of any Obligor in connection
with any anti -deficiency laws or any other laws limiting, qualifying or discharging any Obligor's obligations,
whether by operation of law or otherwise, including any rights any Third Party Grantor may have to a fair
market value hearing to determine the size of a deficiency following any trustee's foreclosure sale or other
disposition of any security for any portion of the Secured Obligations.
(iii) If any of said waivers is determined to be contrary to any applicable law or public policy, such
waiver shall be effective to the extent permitted by applicable law or public policy.
ARTICLE V. DEFAULT PROVISIONS
5.01 Default. The occurrence of any of the following shall constitute a "Default" under this Deed of Trust:
(a) Grantor shall fail to observe or perform any obligation or agreement contained herein; (b) any
representation or warranty of Grantor herein shall prove to be incorrect, false or misleading in any material
respect when made; or (c) any default in the payment or performance of any obligation, or any defined event
of default, under any provisions of the Note or any other contract, instrument or document executed in
connection with, or with respect to, any Secured Obligation.
5.02 Rights and Remedies. Upon the occurrence of any Default, and at any time thereafter, Beneficiary and
Trustee shall have all the following rights and remedies:
(a) With or without notice, to declare all Secured Obligations immediately due and payable in full.
(b) With or without notice, without releasing Grantor from any Secured Obligation and without becoming a
mortgagee in possession, to cure any Default of Grantor and, in connection therewith: (i) to enter upon the
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03829,#0492747513 Page 9
Subject Property and to do such acts and things as Beneficiary or Trustee deems necessary or desirable to
protect the security of this Deed of Trust, including without limitation, to appear in and defend any action or
proceeding purporting to affect the security of this Deed of Trust or the rights or powers of Beneficiary or
Trustee hereunder; (ii) to pay, purchase, contest or compromise any encumbrance, charge, lien or claim of lien
which, in the judgment of either Beneficiary or Trustee, is senior in priority to this Deed of Trust, the judgment
of Beneficiary or Trustee being conclusive as between the parties hereto; (iii) to obtain, and to pay any
premiums or charges with respect to, any insurance required to be carried hereunder; and (iv) to employ
counsel, accountants, contractors and other appropriate persons to assist them.
(c) To commence and maintain an action or actions in any court of competent jurisdiction to foreclose this
Deed of Trust as a mortgage or to obtain specific enforcement of the covenants of Grantor under this Deed of
Trust, and Grantor agrees that such covenants shall be specifically enforceable by injunction or any other
appropriate equitable remedy. For the purposes of any suit brought under this subsection, Grantor waives the
defenses of laches and any applicable statute of limitations.
(d) To apply to a court of competent jurisdiction for and obtain appointment of a receiver of the Subject
Property as a matter of strict right and without regard to: (i) the adequacy of the security for the repayment
of the Secured Obligations; (ii) the existence of a declaration that the Secured Obligations are immediately due
and payable; or (iii) the filing of a notice of default; and Grantor consents to such appointment.
(e) To take and possess all documents, books, records, papers and accounts of Grantor or the then owner
of the Subject Property; to make or modify leases of, and other agreements with respect to, the Subject
Property upon such terms and conditions as Beneficiary deems proper; and to make repairs, alterations and
improvements to the Subject Property deemed necessary, in Trustee's or Beneficiary's judgment, to protect or
enhance the security hereof.
(f) To execute or cause Trustee to execute a written notice of such Default and of its election to cause
the Subject Property to be sold to satisfy the Secured Obligations.. Trustee shall give and record such notice
as the law then requires as a condition precedent to a trustee's sale. When the minimum period of time
required by law after such notice has elapsed, Trustee, without notice to or demand upon Grantor, except as
otherwise required by law, shall sell the Subject Property at the time and place of sale fixed by it in the notice
of sale, at one or several sales, either as a whole or in separate parcels and in such manner and order, all as
directed by Beneficiary in its sole discretion, at public auction to the highest bidder for cash, in lawful money
of the United States, payable at the time of sale. Except as required by law, neither Grantor nor any other
person or entity shall have the right to direct the order in which the Subject Property is sold. Subject to
requirements and limits imposed by law, Trustee may postpone any sale of the Subject Property by public
announcement at such time and place of sale, and from time to time may postpone such sale by public
announcement at the time and place fixed by the preceding postponement. Trustee shall deliver to the
purchaser at such sale a deed conveying the Subject Property or portion thereof so sold, but without any
covenant or warranty, express or implied. The recitals in said deed of any matters or facts shall be conclusive
proof of the truthfulness thereof. Any person, including Trustee, Grantor or Beneficiary, may purchase at such
sale.
(g) To resort to and realize upon the security hereunder and any other security now or later held by
Beneficiary concurrently or successively and in one or several consolidated or independent judicial actions or
lawfully taken non -judicial proceedings, or both, and to apply the proceeds received in accordance with
Section 5.03 hereof, all in such order and manner as Beneficiary shall determine in its sole discretion.
(h) Upon sale of the Subject Property at any judicial or non -judicial foreclosure, Beneficiary may credit bid
(as determined by Beneficiary in its sole discretion) all or any portion of the Secured Obligations. In
determining such credit bid, Beneficiary may, but is not obligated to, take into account all or any of the
following: (i) appraisals of the Subject Property as such appraisals may be discounted or adjusted by
Beneficiary in its sole underwriting discretion; (ii) expenses and costs incurred by Beneficiary with respect to
the Subject Property prior to foreclosure; (iii) expenses and costs which Beneficiary anticipates will be incurred
with respect to the Subject Property after foreclosure, but prior to resale, including without limitation, costs of
structural reports and other due diligence, costs to carry the Subject Property prior to resale, costs of resale
(e.g., commissions, attorneys' fees, and taxes), Hazardous Materials clean-up and monitoring, deferred
DEED OF TRUST With Assignment of Rents (11/00) Fate 10
03629,#0492747513
maintenance, repair, refurbishment and retrofit, and costs of defending or settling litigation affecting the
Subject Property; (iv) declining trends in real property values generally and with respect to properties similar to
the Subject Property; (v) anticipated discounts upon resale of the Subject Property as a distressed or
foreclosed property; (vi) the existence of additional collateral, if any, for the Secured Obligations; and (vii)
such other factors or matters that Beneficiary deems appropriate. Grantor acknowledges and agrees that: (A)
Beneficiary is not required to use any or all of the foregoing factors to determine the amount of its credit bid;
(B) this Section does not impose upon Beneficiary any additional obligations that are not imposed by law at
the time the credit bid is made; (C) the amount of Beneficiary's credit bid need not have any relation to any
loan -to -value ratios specified in any agreement between Grantor and Beneficiary or previously discussed by
Grantor and Beneficiary; and (D) Beneficiary's credit bid may be, at Beneficiary's sole discretion, higher or
lower than any appraised value of the Subject Property.
5.03 Application of Foreclosure Sale Proceeds. After deducting all costs, fees and expenses of Trustee, and
of this trust, including costs of evidence of title and attorneys' fees in connection with a sale, all proceeds of
any foreclosure sale shall be applied first, to payment of all Secured Obligations (including without limitation,
all sums expended by Beneficiary under the terms hereof and not then repaid, with accrued interest at the
highest rate per annum payable under any Secured Obligation), in such order and amounts as Beneficiary in its
sole discretion shall determine; and the remainder, if any, to the person or persons legally entitled thereto.
5.04 Application of Other Sums. All Rents or other sums received by Beneficiary or any agent or receiver
hereunder, less all costs and expenses incurred by Beneficiary or such agent or receiver, including reasonable
attorneys' fees, shall be applied to payment of the Secured Obligations in such order as Beneficiary shall
determine in its sole discretion; provided however, that Beneficiary shall have no liability for funds not actually
received by Beneficiary.
5.05 No Cure or Waiver. Neither Beneficiary's, Trustee's or any receiver's entry upon and taking possession
of the Subject Property, nor any collection of Rents, insurance proceeds, condemnation proceeds or damages,
other security or proceeds of other security, or other sums, nor the application of any collected sum to any
Secured Obligation, nor the exercise of any other right or remedy by Beneficiary, Trustee or any receiver shall
impair the status of the security of this Deed of Trust, or cure or waive any breach, Default or notice of
default under this Deed of Trust, or nullify the effect of any notice of default or sale (unless all Secured
Obligations and any other sums then due hereunder have been paid in full and Grantor has cured all other
Defaults), or prejudice Beneficiary or Trustee in the exercise of any right or remedy, or be construed as an
affirmation by Beneficiary of any tenancy, lease or option of the Subject Property or a subordination of the lien
of this Deed of Trust.
5.06 Costs. Expenses and Attorneys' Fees. Grantor agrees to pay to Beneficiary immediately upon demand
the full amount of all payments, advances, charges, costs and expenses, including court costs and reasonable
attorneys' fees (to include outside counsel fees and all allocated costs of Beneficiary's in-house counsel),
expended or incurred by Trustee or Beneficiary pursuant to this Article V, whether incurred at the trial or
appellate level, in an arbitration proceeding or otherwise, and including any of the foregoing incurred in
connection with any bankruptcy proceeding (including without limitation, any adversary proceeding, contested
matter or motion brought by Beneficiary or any other person) relating to Grantor or in any way affecting any of
the Subject Property or Beneficiary's ability to exercise any of its rights or remedies with respect thereto. All
of the foregoing shall be paid by Grantor with interest from the date of demand until paid in full at the highest
rate per annum payable under any Secured Obligation.
5.07 Power to File Notices and Cure Defaults. Grantor hereby irrevocably appoints Beneficiary and its
successors and assigns as Grantor's true attorney-in-fact to perform any of the following powers, which
agency is coupled with an interest: (a) to execute and/or record any notices of completion, cessation of labor,
or any other notices that Beneficiary deems appropriate to protect Beneficiary's interest; and (b) upon the
occurrence of any event, act or omission which with the giving of notice or the passage of time, or both,
would constitute a Default, to perform any obligation of Grantor hereunder; provided however, that
Beneficiary, as such attorney-in-fact, shall only be accountable for such funds as are actually received by
Beneficiary, and Beneficiary shall not be liable to Grantor or any other person or entity for any failure to act
under this Section.
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5.08 Remedies Cumulative; No Waiver. All rights, powers and remedies of Beneficiary and Trustee
hereunder are cumulative and are in addition to all rights, powers and remedies provided by law or in any other
agreements between Grantor and Beneficiary. No delay, failure or discontinuance of Beneficiary in exercising
any right, power or remedy hereunder shall affect or operate as a waiver of such right, power or remedy; nor
shall any single or partial exercise of any such right, power or remedy preclude, waive or otherwise affect any
other or further exercise thereof or the exercise of any other right, power or remedy.
ARTICLE VI. MISCELLANEOUS PROVISIONS
6.01 No Merger. No merger shall occur as a result of Beneficiary's acquiring any other estate in, or any other
lien on, the Subject Property unless Beneficiary specifically consents to a merger in writing.
6.02 Execution of Documents. Grantor agrees, upon demand by Beneficiary or Trustee, to execute any and
all documents and instruments required to effectuate the provisions hereof.
6.03 Right of Inspection. Beneficiary or its agents or employees may enter onto the Subject Property at any
reasonable time for the purpose of inspecting the Subject Property and ascertaining Grantor's compliance with
the terms hereof.
6.04 Notices. All notices, requests and demands which Grantor or Beneficiary is required or may desire to
give to the other party must be in writing, delivered to Beneficiary at the following address:
WELLS FARGO BANK, NATIONAL ASSOCIATION
877 W. Main Street, 1st Floor
Boise, ID 83702
Attention: Manager
and to Grantor at its address set forth at the signature lines below, or at such other address as either party
shall designate by written notice to the other party in accordance with the provisions hereof.
6.05 Successors: Assignment. This Deed of Trust shall be binding upon and inure to the benefit of the heirs,
executors, administrators, legal representatives, successors and assigns of the parties hereto; provided
however, that this Section does not waive the provisions of Section 4.14 hereof. Beneficiary reserves the
right to sell, assign, transfer, negotiate or grant participations in all or any part of, or any interest in,
Beneficiary's rights and benefits under the Note, any and all other Secured Obligations and this Deed of Trust.
In connection therewith, Beneficiary may disclose all documents and information which Beneficiary now has or
hereafter acquires relating to the Subject Property, all or any of the Secured Obligations and/or Grantor and, as
applicable, any partners, joint venturers or members of Grantor, whether furnished by any Grantor or
otherwise.
6.06 Rules of Construction. (a) When appropriate based on the identity of the parties or other
circumstances, the masculine gender includes the feminine or neuter or both, and the singular number includes
the plural; (b) the term "Subject Property" means all and any part of or interest in the Subject Property; (c) all
Section headings herein are for convenience of reference only, are not a part of this Deed of Trust, and shall
be disregarded in the interpretation of any portion of this Deed of Trust; (d) if more than one person or entity
has executed this Deed of Trust as "Grantor," the obligations of all such Grantors hereunder shall be joint and
several; and (el all terms of Exhibit A, and each other exhibit and/or rider attached hereto and recorded
herewith, are hereby incorporated into this Deed of Trust by this reference.
6.07 Severability of Provisions. If any provision of this Deed of Trust shall be held to be prohibited by or
invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or
invalidity without invalidating the remainder of such provision or any remaining provisions of this Deed of
Trust.
6.08 Recourse to Separate Property. Any married person who executes this Deed of Trust as a Grantor and
who is obligated under any Secured Obligation agrees that any money judgment which Beneficiary or Trustee
obtains pursuant to the terms of this Deed of Trust or any other obligation of that married person secured by
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this Deed of Trust may be collected by execution upon that person's separate property, and any community
property of which that person is a manager.
6.09 Governing Law. This Deed of Trust shall be governed by and construed in accordance with the laws of
the State of Idaho.
6.10 Arbitration
(a) Arbitration. The parties hereto agree, upon demand by any party, to submit to binding arbitration all
claims, disputes and controversies between or among them (and their respective employees, officers,
directors, attorneys, and other agents), whether in tort, contract or otherwise arising out of or relating to in
any way (i) the loan and related loan and security documents which are the subject of this Deed of Trust and
its negotiation, execution, collateralization, administration, repayment, modification, extension, substitution,
formation, inducement, enforcement, default or termination; or (ii) requests for additional credit.
(b) Governing Rules. Any arbitration proceeding will (i) proceed in a location in Idaho selected by the
American Arbitration Association ("AAA"); (ii) be governed by the Federal Arbitration Act (Title 9 of the United
States Code), notwithstanding any conflicting choice of law provision in any of the documents between the
parties; and fill) be conducted by the AAA, or such other administrator as the parties shall mutually agree
upon, in accordance with the AAA's commercial dispute resolution procedures, unless the claim or
counterclaim is at least $1,000,000.00 exclusive of claimed interest, arbitration fees and costs in which case
the arbitration shall be conducted in accordance with the AAA's optional procedures for large, complex
commercial disputes (the commercial dispute resolution procedures or the optional procedures for large,
complex commercial disputes to be referred to, as applicable, as the "Rules"l. If fRA is any inconsistency
between the terms hereof and the Rules, the terms and procedures set forth herein shall control. Any party
who fails or refuses to submit to arbitration following a demand by any other party shall bear all costs and
expenses incurred by such other party in compelling arbitration of any dispute. Nothing contained herein shall
be deemed to be a waiver by any party that is a bank of the protections afforded to it under 12 U.S.C. §91 or
any similar applicable state law.
(c) No Waiver of Provisional Remedies Self -Help and Foreclosure. The arbitration requirement does not limit
the right of any party to (i) foreclose against real or personal property collateral; {til exercise self-help remedies
relating to collateral or proceeds of collateral such as setoff or repossession; or (iii) obtain provisional or
ancillary remedies such as replevin, injunctive relief, attachment or the appointment of a receiver, before
during or after the pendency of any arbitration proceeding. This exclusion does not constitute a waiver of the
right or obligation of any party to submit any dispute to arbitration or reference hereunder, including those
arising from the exercise of the actions detailed in sections (i), (ii) and (iii) of this paragraph.
(d) Arbitrator Qualifications and Powers. Any arbitration proceeding in which the V&unt in controversy is
$5,000,000.00 or less will be decided by a single arbitrator selected according to the Rules, and who shall not
render an award of greater than $5,000,000.00. Any dispute in which the amount in controversy exceeds
$5,000,000.00 shall be decided by majority vote of a panel of three arbitrators; provided however, that all
three arbitrators must actively participate in all hearings and deliberations. The arbitrator will be a neutral
attorney licensed in the State of Idaho or retired judges of the state or federal judiciary of Idaho, with a
minimum of ten years experience in the substantive law applicable to the subject matter of the dispute to be
arbitrated. The arbitrator will determine whether or not an issue is arbitratable and will give effect to the
statutes of limitation in determining any claim. In any arbitration proceeding the arbitrator will decide (by
documents only or with a hearing at the arbitrator's discretion) any pre -hearing motions which are similar to
motions to dismiss for failure to state a claim or motions for summary adjudication. The arbitrator shall
resolve all disputes in accordance with the substantive law of Idaho and may grant any remedy or relief that a
court of such state could order or grant within the scope hereof and such ancillary r'Tfef as is necessary to
make effective any award. The arbitrator shall also have the power to award recovery of all costs and fees,
to impose sanctions and to take such other action as the arbitrator deems necessary to the same extent a
judge could pursuant to the Federal Rules of Civil Procedure, the Idaho Rules of Civil Procedure or other
applicable law. Judgment upon the award rendered by the arbitrator may be entered in any court having
jurisdiction. The institution and maintenance of an action for judicial relief or pursuit of a provisional or
ancillary remedy shall not constitute a waiver of the right of any party, including the plaintiff, to submit the
DEED Of TRUST With Assignment of Rents (11/00)
03829,#0492747513 Page 13
controversy or claim to arbitration if any other party contests such action for judicial relief.
le) Discovery. In any arbitration proceeding discovery will be permitted in accordance with the Rules. All
discovery shall be expressly limited to matters directly relevant to the dispute being arbitrated and must be
completed no later than 20 days before the hearing date and within 180 days of the filing of the dispute with
the AAA. Any requests for an extension of the discovery periods, or any discovery disputes, will be subject to
final determination by the arbitrator upon a showing that the request for discovery is essential for the party's
presentation and that no alternative means for obtaining information is available.
(f) Class Proceedings and Consolidations. The resolution of any dispute arising pursuant to the terms of
this Deed of Trust shall be determined by a separate arbitration proceeding and such dispute shall not be
consolidated with other disputes or included in any class proceeding.
(g) Payment Of Arbitration Costs And Fees. The arbitrator shall award all costs and expenses of the
arbitration proceeding.
(h) Real Property. Notwithstanding anything herein to the contrary, no dispute shall be submitted to
arbitration unless: (i) Beneficiary specifically elects in writing to proceed with the arbitration; or (ii) all parties
to the arbitration waive any rights or benefits that might accrue to them by virtue of the single action rule
statute of Idaho, thereby agreeing that all Secured Obligations, and all mortgages, liens and security interests
securing any of the Secured Obligations, shall remain fully valid and enforceable.
(i) Miscellaneous. To the maximum extent practicable, the AAA, the arbitrators and the parties shall take
all action required to conclude any arbitration proceeding within 180 days of the filing of the dispute with the
AAA. No arbitrator or other party to an arbitration proceeding may disclose the existence, content or results
thereof, except for disclosures of information by a party required in the ordinary course of its business, by
applicable law or regulation, or to the extent necessary to exercise any judicial review rights set forth herein.
If more than one agreement for arbitration by or between the parties potentially applies to a dispute, the
arbitration provision most directly related to the documents between the parties or the subject matter of the
dispute shall control. This arbitration provision shall survive termination, amendment or expiration of any of
the documents or any relationship between the parties.
IN WITNESS WHEREOF, Grantor has executed this Deed of Trust as of the date first set forth above.
DEED OF TRUST With Assignment of Rents (11/00) Page 14
03829,#0492747513
Grantor(s) Address(es)
AVEST LIMr ` PARTNER HIP, AN IDAHO
LIMITE AR ERSHIP �i
By:
Roger enera! rtner
B
irgi ' Alle , eneral artner
By:
Kat leen Kay VWeber, General Partner
AV 11, L.L.C., AN IDAHO LIMITED LIABILITY
COMPANY
By: Avest LimitedP rtnership,
B I/
Y _
Roger I n, a eral Partner
B' ZWeber.
Virgini Partner
By:
Katht n Kay General Partner
By: The Allen Descendants' Trust, existing pursuant
to that certain Trust Agreement Dated March
26, 1993, M tuber
By:
Kat leen ay Weber,Co-Trustee
(OBTAIN NOTARY ACKNOWLEDGMENTS)
G:\TEAM\Documentation\Tcam2\Boise 38291Real EstatelAvcst Limited Partnership Deed of Trust With Assignment of Rents 15
pg15.doc ob#0492747513 au#03829
STATE OF IDAHO
County of Ada, ss.
On this 20th day of August, 2002, before me Janet L. Blosch, a notary public
personally appeared Roger H. Allen, Virginia A. Allen and Kathleen Kay Weber,
known or identified to me to be all of the partners in a partnership of
Avest Limited ,,rttnership, an Idaho limited partnership and the partners
who subscr �a rtnership name to the for instrument, and
acknowle �1� '$„� they executed the s e in sa d partnership name_
ttOT44 s'
400 &8 LIC ,y
�A
F
OF 07 p.
STATE OF IDAHO
County of Ada, ss.
a=y Public
iding at Boise, Idaho
commission expires 3/17/2005
On this 20th day of August, 2002, before me, Janet L. Blosch, a notary public
personally appeared Kathleen Kay Weber, known or identified to me to be the
Co -Trustee in the Allen Decendants' Trust, existing pursuant to that certain
Trust Agreement Dated Marcy 26, 1993, known or identified to me to be one of the
Members in a liability company of AV II, L.L.C., an Idaho limited
liability, $yf,.+� he member who subscribed said limited liability company
name to t �trument, and acknowledged to me that she executed the
same in jaip�d slity company name.
4r M 3
R jNotublic
at Boise, Idaho
fiFlD�',.°° ssion expires 3/17/2005
STATE OF IDAHO
County of Ada, ss.
On this 20th day of Aubust, 2002, before me, Janet L. Blosch, a notary public
personally appeared Roger H. Allen, Virginia A. Allen, Kathleen Kay Weber, known
or identified to me to be three of the partners in a partnership of Avest
Limited Partnership known or identified to me to be one of the members in
a limited liability company of AV II, L.L.C., an I ho limited liability
company and the member who subscribed said lim. ed 1 ability company name to
the foregoin"i"T rument, and acknowled to that t ey execled t„ke s n sai
limited 11 taL r' nanv name. 1i ( `� i�'//
a4
' 1�' t y Public
iding at Boise, Idaho
�tf19 LICA ,� y commission expires 3/17/2005
9.�F� 10
Please Initial
EXHIBIT A
(Description of Propertyl
Exhibit A to Deed of Trust and Assignment of Rents and Leases executed by AVEST LIMITED
PARTNERSHIP, AN IDAHO LIMITED PARTNERSHIP AND AV II, L.L.C., AN IDAHO LIMITED LIABILITY
COMPANY, as Grantor, to WELLS FARGO FINANCIAL NATIONAL BANK, as Trustee, for the benefit of WELLS
FARGO BANK, NATIONAL ASSOCIATION, as Beneficiary, dated as of March 21, 2001.
Description of Property
LOT 7 OF LOT LINE ADJUSTMENT SURVEY NO. 3436, RECORDED JANUARY 25, 1996, AS
INSTRUMENT NO. 96006626, BEING LOT 7 IN BLOCK 1, AND A PORTION OF LOT 8, BLOCK
OF AVEST PLAZA SUBDIVISION, ACCORDING TO THE OFFICIAL PLAT THEREOF, FILED IN BOOK 70
OF PLATS AT PAGE 7179 AND 7180, OFFICIAL RECORDS OF ADA COUNTY, IDAHO.
DEED OF TRUST; EXHIBIT A (06/00) Page A-1
03829,#0492717513
69
STATE OF IDAHO )
COUNTY OF ADA )
AFFIDAVIT OF LEGAL INTEREST
(na e) 4 drgssi.� 3
(city) (state)
being first duly sworn upon, oath, depose and say:
1. That I am the record owner of the property described on the attached, and I grant my
permission to:
Jo4kl A� f6 (2 4Vr- 5, 4Lrv2, NAIP A.! D 536-5
(name) (address)
to submit the accompanying application(s) pertaining to that property.
2. 1 agree to indemnify, defend and hold the City of Meridian and its employees harmless
from any claim or liability resulting from any dispute as to the statements contained
herein or as to the ownership of the property which is the subject of the application.
3. I hereby grant permission to City of Meridian staff to enter the subject property for the
purpose of site inspections related to processing said application(s).
Dated this day
wabuu,.au.�.�
SUBSCRIBED AND SWORN to before me the day and year first above written.
ABI
�01A:3, (Notary Public for Idaho)
Residing at: *a 1 S,g , 17
UBw�G O
,�')► `Z► My Commission Expires: (` > -1 �^ ?fir j 2:
a._- OEC 1
33 E. Broadway Avenue, Suite 102 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org
(Rev. 0241417013)
05
John Day
From: Mindy Wallace <Mwallace@achdidaho.org>
Sent: Tuesday, June 24, 2014 9:47 AM
To: John Day
Cc: Ross Holloway
Subject: RE: 1722 N. Avest Lane Meridian Idaho
John,
A traffic impact study is not required for this application. ACHD does consider this to be a change of use since the site is
currently vacant. After receiving approvals from the City of Meridian, submit plan directly to ACHD for review and
impact fee assessment.
Please let me know if you have any questions.
Mindy Wallace, AICP
Planner III
Ada County Highway District
(208) 387-6178
"We drive quality transportation for all Ada County -- Anytime... Anywhere!"
From: John Day[mailto:JohnD@radixconstruction.com]
Sent: Tuesday, June 24, 2014 8:55 AM
To: Mindy Wallace
Cc: Ross Holloway
Subject: 1722 N. Avest Lane Meridian Idaho
This email is in support of a proposed application for Certificate of Zoning Compliance and addresses the request for written
documentation that a traffic study is or is not required for this project.
The address of the project is 1722 N. Avest Lane, Meridian, Idaho 83646
The current land use is zoned as C -G for General Commercial. The size of the lot is 1.252 acres, or approximately 54,537
sq.ft. The site is currently undeveloped and consists of a bare dirt parking area.
The project consists of constructing a new single story (with mezzanine) 15,500 sq.ft. fitness facility (A-3 Occupancy) with
supporting office, retail, and vacant tenant space. It is proposed that the vacant tenant space(s) will be occupied by a tenant
that will support the fitness facility, such as a physical therapist, chiropractic office or such.
The fitness facility will be private facility where members will pay a monthly fee for specialized fitness and exercise training in
private, group, or team environments, where results are tracked and monitored to maximize progress.
The office component of the training facility consists of private office for facility manager as well as cubicles for staff
trainers. This area also doubles as a study area for members prior to and after training sessions.
The retail store to be located in the front of the building will support the facility by providing nutritional supplements for sale
to members and the public. There will also be a small juice bar to sell fresh nutritional juices and premade snacks to individuals.
There have been no previous approvals or requirements proposed for this property. It is adjacent to the Fred Meyer
Development located at the corner of Fairview and Locust Grove and referred to as the AVEST Plaza Shopping Center but
lot 8 was excluded from any development agreements put forth in the overall development.
Thank you
John A Day, AIA, NCARB
Architectural Manager
XEGNSTRU[T1ON
W
2422 12th.Ave. Road #153
Nampa, Idaho 83686
p. (208) 442.7106
f. (208) 442.7107
c. (208) 395.1080
e. loh n D(cD rad i xconstruction.com
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John Day
From: Terri Ricks <tricks@meridiancity.org>
Sent: :.'ednesday, June 18, 2014 3:11 PM
To: John Day
Subject: AV -1722 N. Avest Ln.
6/18/14 Address Verifrcetion: Jack City Fitne,zc
Address: 1722 N AVE ST LPI, MERIDIAN, ID 83646
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Parcel Detail District
Parcel # * Parcel Status • Primary
R06197SO 80 Enabled . Yes IV
Lot
8
Block Sutrdivision
1 AVEST PLAZA SUB
Terri Ricks
Addressing Specialist
Community Development Department
33 E. Broadway Ave., Suite 102
Meridian, ID 83642
Ph: (208) 887-2211 Fax: (208) 887-1297
E -Mail: tricks@meridiancity.org
Frolr ! John Day[mailtoJohnD@radixconstruction.com]
Sent: vJedries'dwy, .June 1$, 2014 2:55 Pini
To:
Subje-ct:
John A Day, AIA, NCARB
Architectural Manager
;2&EY (CONSTRUCTION
2422 # 2th.Ave. Road #I S3
r_ty,, o.�aal;o $3686
Yf'^QN 442.7106
. k;l�I
{. !