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CZC_15-017_B2_Investments_Storage_BuildingCERTIFICATE OF ZONING COMPLIANCE REPORT DATE: March 5, 2015 TO: Dean W. Briggs, Briggs Engineering FROM: Sonya Watters, Associate City Planner LjQirE IDIZ IAN,c- SUBJECT: B2 Investments - Storage Building - CZC-15-017 OWNER: B2 Investments DESCRIPTION OF APPLICANT'S REQUEST The applicant, Dean W. Briggs, requests Certificate of Zoning Compliance (CZC) approval of a 3,520 square foot storage building on 0.44 of an acre of land in the I -L zoning district. The site is located at 313 N. Linder Road on Lot 3, Block 1, Monica Subdivision. (Note: Design Review is not required for the proposed structure/site because it is not visible from a public street or public space and abuts properties that are used for outdoor storage and a loading area.) DECISION The applicant's request for Certificate of Zoning Compliance is approved with the conditions listed in this report. Note: This is not a building permit. Please contact Building Services at (208) 88 7-22 11 to verify if you need a building permit and/or inspection. If you do need a building permit, you must complete that process before you commence the use or construction. Please contact Building Services for additional details about building permits and inspections. Site Conditions of Approval I. The applicant shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11 -3A -6B. Process Conditions of Approval I. No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 2. The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11 -5C -3B. A surety agreement may be accepted for other improvements in accord with UDC 11 -5C -3C. 3. Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 1I - 3B -14A. 4. The site plan prepared by Briggs Engineering on February 17, 2015, labeled Sheet Conditions Document I B2 Investments Storage Building CZC-15-017 SITE, is approved as shown in Exhibit B. 5. The landscape plan prepared by IVY Design on February 12, 2015, labeled Sheet L1.0, is approved as shown in Exhibit C. 6. The elevations prepared by Treyhoff Architecture on January 13, 2015, labeled A3.1, are approved as shown in Exhibit D. 7. The approved site plan, landscape plan and/or elevations may not be altered without prior written approval of the City of Meridian Planning Division. 8. The applicant shall pay any applicable impact fees prior to the issuance of a building permit. 9. If any changes must be made to the site plan to accommodate ACHD requirements, the applicant shall submit a new site plan to the City of Meridian Planning Division for approval prior to issuance of the building permit. to. The applicant shall complete all required improvements prior to issuance of a Certificate of Occupancy. It is unlawful to use or occupy any building or structure until the Building Official has issued a Certificate of Occupancy. Ongoing Conditions of Approval 1. The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-313-5, UDC 11-313-13 and UDC 11-313-14. 2. The applicant shall comply with the outdoor storage as an accessory use standards as set forth in UDC 11-3A-14. 3. The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site. 4. The issuance of this CZC does not release the applicant from any previous requirements of the other permits issued for the site. 5. The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 6. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. CITY COUNCIL REVIEW The applicant or a party of record may request City Council review of a decision of the Director. All requests for review shall be filed in writing with the Planning Division on or before March 20, 2015, within fifteen (15) days after the written decision is issued, and contain the information listed in UDC 11 -5A -6B. If City Council review of the decision is not requested, the action of the Director represents a final decision on a land use application. You have the right to request a regulatory taking analysis under Idaho Code 67-8003. EXPIRATION Certificates of Zoning Compliance issued in conjunction with construction or alteration of a structure shall expire if the construction or alteration has not commenced within one year of the date of issuance of the Certificate of Zoning Compliance. In accord with the above provisions, the subject Certificate of Zoning Compliance is valid until Conditions Document 2 B2 Investments - Storage Building - CZC-15-017 March 5, 2016. 10,44,113111�J` A. Vicinity Map B. Site Plan (dated: February 17, 2015) C. Landscape Plan (dated: February 12, 2015) D. Elevations (dated: January 29, 2015) Conditions Document 3 B2 Investments - Storage Building.- CZC-15-017 A. Vicinity Map L Ipm h2943 1998 19)2 6)5 IC 660 6616]4 642 019 2001 1989 196) 1945 1903 635 - , 62] 630 20]5 531 63 4]5 Marton L� 363 327 1001 321 7199255 \ 1]5 \� 151 19]0 1950 1845 IB]0 1800 1680 1351 15]5 1409 14]6 IU8 1432 1396 1388 1 w �'-1461 1421 14uIM Conditions Document 4 B2 Investments - Storage Building - CLC -15-017 B. Site Plan (dated: February 17, 2015) Oe i! 00, Mww'd, --- ME L C ¢«6 WE. -=o i 'V Stlmb'Y )db' pava$� m .m..d.m _.'_mow— �"' lr- u�naraa � rmna MMU Conditions Document 5 B2 Investments - Storage Building.- CZC-15-017 ME L C ¢«6 MMU Conditions Document 5 B2 Investments - Storage Building.- CZC-15-017 C. Landscape Plan (dated: February 12, 2015) Oe r --- -------------— ------------ AT MO. a%wuau..nae.xbn..w.. w, ffi rwwawwiw ^ ryn n�wy4 W...vn......ImM hN,mnF aam v'4r. .Mub, ynuq %nnnbb 6 yry mawvm Conditions Document 6 132 Investments - Storage Building - CZC-15-017 MM D. Elevations (dated: January 29, 2015) �E srgr � uyEoer..n Beu¢owc ee.�.ux Conditions Document 7 B2 investments - Storage Building - CZC-15-017 ooLL� A 3.1 Planning Division WE RIDIAN ADMINISTRATIVE REVIEW APPLICATION Type of Review Requested Certificate of Zoning Compliance Applicant Information Applicamname: DEAN BRIGGS, BRIGGS ENGINEERING Applicant address: 1800W. OVERLAND RD Owner name: B2 INVESTMENTS Owner address: 327 N. LINDER RD Agent name (e.g. architect, engineer, developer, representative): Firnimm,: BRIGGS ENGINEERING Address: 1800W. OVERLAND RD Contact name: DEAN BRIGGS Contactaddress: 1800W. OVERLAND RD Subject Property Information Location/street address: 313 N LINDER RD Assessor's parcel number(s): R5782310030 Township, range, section: 3N1 W11 Project Description File number: CZC-15-017 Assigned Planner: Sonya Watters Related Files: Phone: zip; 83705 Email: dean@briggs-engineering.com Phone: 208-343-4445 Fax: Zip: 83642 Email: DEAN BRIGGS Project/Application Name: B2 Investments - Storage Building Phone: Fax: 800-572-8870 Zip: 83705 Email: dean@briggs-engineering.com Phone: Fax: 800-572-8870 zip: 83705 Email: dean@briggs-engineering.com Description of Work: 55'x64' Metal building for storage with paved access & parking and graveled surface for balance of lot. 33 E Broadway Avenue, Suite 102 • Meridian, Idaho 83642 Phone: (208)884-5533 • Facsimile: (208) 888-6854 • Website: www.meridaincity.org Information GENERAL DESCRIPTION Current Zoning District: Current Land Use: Total Acreage: Hours of Operation (Days and Hours): Types of Use Proposed: PROJECT INFORMATION Site Plan Date: Landscape Plan Date: Elevations Date: Amenities Provided with this Development: Who will own and Maintain the Pressurized Irrigation System in this Development: Which Irrigation District does this Property lie Within: Primary Irrigation Source: Secondary Irrigation Source: Square Footage. of Landscaped Areas to be Irrigated by City Water Connection: Number of Residential Units: Minimum Square Footage of Structures Excluding Garage: Proposed Building Height: Gross Density: Net Density: Number of Open Space Lots: Percentage of Open Space Provided: Acreage of Open Space: Percent of Qualified Open Space: 'Type of Open Space Provided: Percentage of Site or Project Devoted to Landscaping: Type of Dwellings Proposed: Gross Floor Area Proposed: Existing Floor Area if Applicable: Total Number of Parking Spaces Provided: Number of Compact Spaces Provided: I -L Open Parking 0.439 24 hrs/day Storage 02/17/2015 02/12/2015 01/29/2015 N/A Each Owner is hooked to Meridian Water Nampa Meridian Meridian City Meridian City 260 0 3520 22'9" 0 0 0 0 0 0 0 1.3 Light Industrial - Storage 3520 0 3 0 33 E Broadway Avenue, Suite 102 • Meridian, Idaho 83642 Phone: (208)884-5533 • Facsimile: (208) 888-6854 • Website: www.meridaincity.org 2 BRIGGS ENG/NEER/NG, Inc. /PLANNERS/SURVEYORS 1800 West Overland Road Boise. Idaho 83705 — 3142 Voice (208) 344-9700 x11 dean( bripps-enpineerinp.corn City of Meridian Community Development Services - Planning 33 E. Broadway Suite toe Meridian, Idaho 83642 RE: 313 N. Linder Road — Storage Facility Zoning Certificate Application On behalf of my Client, B2 Investments, please accept this application for a Zoning Certificate. The subject property is located at 313 N. Linder Road as Lot 3, Block 1 Monica Subdivision. The subject parcel is Zone IL and no zoning changes are proposed. This application has been submitted in accordance with Meridian City Unified Development Code. The site is 0.44 acres and takes joint access from N. Linder Road. The proposed storage building is an allowed use in the zone. The proposed building is a metal building matching the finish and color of existing metal buildings on Lot 1 of Monica Subdivision occupied by A-1 Heating & Air -Conditioning. The storage is for vehicles owned by the principals in A-1 H&A. I look forward to working with staff on this application, if you have any questions, please don't hesitate to contact me, I can be reached at 208-344-9700 x11 or at dean(2cbriQas- engineering.com. Again thanks for your assistance with this project. BRIGGS ENGINEERING, Inc. 44� Dean Briggs, PE Project Engineer 141007 2/17/2015 1� Page q; D ADA COUNTY RECORDt,... DAVID NAVARRO AMOUNT 33.00 11 BOISE IDAHO II/29/06 04:43PM DEPUTYVkkI AllenIII I'II'll'IIII�IIIIII'I'lll'll'�Ipll flfCORDED- REQUEST OF f 1 Transnafion Title 105181092 This instrument prepared by and after recording return to: Mark D Munroe ATTN: Cheryl Marshall U.S. BANK NATIONAL ASSOC 101 S. Capitol, Suite 100 Boise, ID 83702 Phone: 208.383.7375 C111t 10 0e +„ i'1Art, 5874094733 .���� c -,K W w4f 2.0-I q-1 IDAHO DEED OF TRUST, SECURITY AGREEMENT " ° ® AND ASSIGNMENT OF RENTS AND LEASES (INCLUDING FIXTURE FILING UNDER UNIFORM COMMERCIAL CODE) This Idaho Deed of Trust, Security Agreement and Assignment of Rents and Leases (Including Fixture Filing Under Uniform Commercial Code) ("Deed of Trust') is made and entered Into by the undersigned borrower(s), guarantor(s) and/or other obllgor(s)/pledgor(s) (collectively the "Grantor') in favor of U. S . BANK TRUST COMPANY. N.A. ; having a mailing address at 555 SN OAK PORTLAND OR 97204 (the "Trustee"), for the benefit of U.S. BANK N.A. (the "Beneficiary'), as of the date set forth below. ARTICLE I. CONVEYANCE/MORTGAGED PROPERTY 1.1 Grant of Deed of Trust/Security Interest. For valuable consideration, in hand paid by the Trustee to the Grantor, and the financial accommodations from the Beneficiary to the Grantor as described below, the Grantor has bargained, sold, conveyed and confirmed, and hereby bargains, sells, conveys and confirms, unto Trustee, Rs successors and assigns, for the benefit of the Beneficiary, the Mortgaged Property (defined below) to secure all of the Grantor's Obligations (defined below) to the Beneficiary. The Intent of the parties hereto Is that the Mortgaged Property secures all Obligations of the Grantor to the Beneficiary, whether now or hereafter existing, between the Grantor and the Beneficiary or in favor of the Beneficiary, Including, without limitation, any note, any loan or security agreement, any lease, any other mortgage, deed of trust or other pledge of an Interest In real or personal property, any guaranty, any letter of credit or reimbursement agreement or banker's acceptance, any agreement for any other services or credit extended by the Beneficiary to the Grantor even though not specifically enumerated herein and any other agreement with the Beneficiary (together and individually, the "Loan Documents"). The parties further Intend that this Deed of Trust shall operate as a security agreement with respect to those portions of the Mortgaged Property which are subject to Article 9 of the Uniform Commercial Code. 1.2 "Mortgaged Property" means all of the following, whether now owned or existing or hereafter acquired by the Grantor, wherever located: all the real estate described below or In Exhibit A attached hereto (the "Land"), together with all buildings, structures, standing timber, timber to be cut, fixtures, equipment, Inventory and furnishings used in connection with the Land and Improvements; all materials, contracts, drawings and personal property relating to any construction on the Land; and all other Improvements now or hereafter constructed, affixed or located thereon (the "Improvements") (the Land and the Improvements collectively the "Premises"); TOGETHER with any and all easements, rights-of-way, licenses, privileges, and appurtenances thereto, and any and all leases or other agreements for the use or occupancy of the Premises, all the rents, Issues, profits or any proceeds therefrom and all security deposits and any guaranty of a tenant's obligations thereunder (collectively the "Rents"); all awards as a result of condemnation, eminent domain or other decrease In value of the Premises and all insurance and other proceeds of the Premises. 1714DID ©us bancorr,2001 81 Page 1 of 9 6/03 The Land is described as follows (or in Exhibit A hereto If the description does not appear below): See Attached Exhibit A Together with all and singular the passages, waters, water rights (whether tributary or non -tributary), water courses, riparian rights, wells, well permits, water stock, other rights, liberties and privileges thereof or in any way now or here- after appertaining to the Property. 1.3 "Obligations" means all loans by the Beneficiary to B2 investments nnC Including those loans evidenced by a note or notes aarea r ae o In the initial principal amount(s) of $ i 376 000 00 , and any extensions, renewals, restatements and modifications thereof and all principal, Interest, fees and expenses relating thereto (the "Note"); and also means all the Grantor's debts, liabilities, obligations, covenants, warranties, and duties to the Beneficiary (plus Its affiliates including any credit card debt, but specifically excluding any type of consumer credit), whether now or hereafter existing or incurred, whether liquidated or unliquldated, whether absolute or contingent, whether arising out of the Loan Documents or otherwise, and regardless of whether such Obligations arise out of existing or future credit granted by the Beneficiary to any Grantor, to any Grantor and others, to others guaranteed, endorsed or otherwise secured by any Grantor or to any debtor-in-possession/successor-In-interest of any Grantor, and principal, Interest, fees, expenses and charges relating to any of the foregoing, including, without limitation, costs and expenses of collection and enforcement of this Deed of Trust, attorneys' fees of both inside and outside counsel and environmental assessment or remediation costs. The Interest rate and maturity of such Obligations are as described In the documents creating the Indebtedness secured hereby, 1.4 Homestead. The Premises are not the homestead of the Grantor. If so, the Grantor releases and (are)(are not) waives all rights under and by virtue of the homestead exemption laws of the State of Idaho. 1.5 Future Advances. This Deed of Trust secures future advances made pursuant to Idaho Code Section 45-108 and shall secure the payment of all loan advances Included within the term "Obligations", regardless of the time such advances are made. This Deed of Trust shall also secure unpaid balances of advances made with respect to the Mortgaged Property for the payment of taxes, assessments, Insurance premiums or costs Incurred for the protection of the Mortgaged Property and other costs which the Bank Is authorized by this Deed of Trust to pay on Grantor's behalf, plus Interest thereon, regardless of the time when such advances are made. ARTICLE II. WARRANTIES AND COVENANTS In addition to all other warranties and covenants of the Grantor under the Loan Documents which are expressly Incorporated herein as part of this Deed of Trust, Including the covenants to pay and perform all Obligations, and while ocuments Is available or Beneficiary ary art of a e unpaie credit danted the or outstanding,the Grantor continor under the Loan uously warrants to the Beneficiary Obliand the Trustee ations of the rantor to the and agrees as follows: 2.1 Warranty of Title/possession. The Grantor warrants that it has sole and exclusive title to and possession of the Premises, excepting only the following Permitted Encumbrances restrictions and easements of record, and zoning ordinances (the terms of which are and will be complied with, and In the case of easements, are and will be kept free of encroachments), taxes and assessments not yet due and payable and those Permitted Encumbrances set forth on Exhibit B attached hereto (except that if no Exhibit B is attached, there will be no additional Permitted Encumbrances), The Ilan of this Deed of Trust, subject only to Permitted Encumbrances, Is and will continue to be a valid first and only lien upon all of the Mortgaged Property. 2.2 Maintenance; Waste; Alteration. The Grantor will maintain the Premises In good and tenantable condition and will restore or replace damaged or destroyed Improvements with items of at least equal utility and value. The Grantor will not commit or permit waste to be committed on the Premises. The Grantor will not remove, demolish or materially alter 1714DID Page 2 of 9 any part of the Premises without the Beneficiary's prior written consent, except the Grantor may remove a fixture, provided the fixture is promptly replaced with another fixture of at least equal utility. The replacement fixture will be subject to the priority lien and security of this Deed of Trust. 2.3 Transfer and Liens. The Grantor will not, without the prior written consent of the Beneficiary, which may be withheld In the Beneficiary's sole and absolute discretion, either voluntarily or involuntarily (a) sell, assign, lease or transfer, or permit to be sold, assigned, leased or transferred, any part of the Premises or claim for Iter Interest therein; or (b) pledge or otherwise encumber, create or permit to exist any mortgage, pledge, upon any part of the Premises ce or Interest therein, except for the Permitted Encumbrances. Beneficiary has not consented and will not consent to any contract or to any work or to the furnishing of any materials which might be deemed to create a lien or (lens superior to the lien of this Deed of Trust or otherwise. 2.a Escrow. After written request from (a) the estlimated annual reathe Grantor les ate taxes pay to oand assessmentsient funds at on he Premises; time as the Beneficiary designates, to pay (a) and (b) all property or hazard insurance premiums when due. Interest will not be paid by the Beneficiary on any escrowed funds. Escrowed funds may be commingled with other funds of the Beneficiary. All escrowed funds are hereby pledged as additional security for the Obligations. 2.5 Taxes, Assessments and Charges. To the extent not paid to the Beneficiary under 2.4 above, the Grantor will pay before they become delinquent all taxes, assessments and other charges now or hereafter levied or assessed against the Premises, against the Beneficiary based upon this Deed of Trust or the Obligations secured by this Deed of Trust, or upon the Beneficiary's Interest In the Premises, and deliver to the Beneficiary receipts showing timely payment. 2.6 Insurance. The Grantor will continually insure the Premises against such perils or hazards as the Beneficiary may require, In amounts, with acceptable co -Insurance provisions, not less than the unpaid balance of the Obligations or the full replacement value of the Improvements, whichever is less. The policies will contain an agreement by each Insurer that the policy will not be terminated or modified without at least thirty (30) days' prior written notice to the Beneficiary and will contain a mortgage clause acceptable to the Beneficiary; and the Grantor will take such other action as the Beneficiary may reasonably request to ensure that the Beneficiary will receive (subject to no other Interests) the Insurance proceeds from the Improvements. The Grantor hereby assigns all Insurance proceeds to and irrevocably directs, while any Obligations remain unpaid, any Insurer to pay to the Beneficiary the proceeds of all such Insurance and any premium refund; and authorizes the Beneficiary to endorse the Grantor's name to effect the same, to make, adjust or settle, In the Grantor's name, any claim on any insurance policy relating to the Premises. The proceeds and refunds will be applied in such manner as the Beneficiary, in Its sole and absolute discretion, determines to rebuilding of the Premises or to payment of the Obligations, whether or not then due and payable. 2.7 Condemnation. Any compensation received for the taking of the Premises, or any part thereof, by a condemnation proceeding (including payments In compromise of condemnation proceedings), and all compensation received as damages for Injury to the Premises, or any part thereof, shall be applied In such manner as the Beneficiary, In its sole and absolute discretion, determines to rebuilding of the Premises or to payment of the Obligations, whether or not then due and payable. 2.8 Environmental Matters. Except as specifically disclosed by Grantor to Beneficiary in writing prior to the execution of this Deed of Trust, Grantor represents and warrants as follows. There exists no uncorrected violation by the Grantor of any federal, state or local laws (including statutes, regulations, ordinances or other governmental restrictions and requirements) relating to the discharge of air pollutants, water pollutants or process waste water or otherwise relating to the environment or Hazardous Substances as hereinafter defined, whether such laws currently exist or are enacted in the future (collectively Environmental Laws"). The term "Hazardous Substances' will mean any hazardous or toxic wastes, chemicals or other substances, the generation, possession or existence of which Is prohibited or governed by any Environmental Laws. The Grantor is not subject to any judgment, decree, order or citation, or a party to (or threat- ened with) any litigation or administrative proceeding, which asserts that the Grantor (a) has violated any Environmental Laws; (b) is required to clean up, remove or take remedial or other action with respect to any Hazardous Substances (collectively "Remedial Action"); or (c) Is required to pay all or a portion of the cost of any Remedial Action, as a poten- tially responsible party. Except as disclosed on the Borrower's environmental questionnaire provided to the Beneficiary, there are not now, nor to the Grantor's knowledge after reasonable Investigation have there ever been, any Hazardous osed Substances (or tanks or other facilities for the storagewned or ed bythe oGrantor during us )the rperods�hattlhe Grantocled �rowned or of u under or any occupied such real estate, which If present on the real estate or In soils or ground water, could require Remedial Acton, To the Grantor's knowledge, there are no proposed or pending changes in Environmental Laws which would adversely affect the Grantor or Its business, and there are no conditions existing currently or likely to exist while the Loan Docu. ments are in effect which would subject the Grantor to Remedial Action or other liability. The Grantor currently compiles with and will continue to timely comply with all applicable Environmental Laws; and will provide the Beneficiary, Immediately upon receipt, copies of any correspondence, notice, complaint, order or other document from any source asserting or alleging any circumstance or condition which requires or may require a financial contribution by the Grantor Page 3 of 9 171401D or Remedial Action or other response by or on the part of the Grantor under Environmental Laws, or which seeks damages or civil, criminal or punitive penalties from the Grantor for an alleged violation of Environmental Laws. In the event of any such circumstance or condition, the Grantor agrees, at its expense and at the request of the Beneficiary, to permit an environmental audit solely for the benefit of the Beneficiary, to be conducted by the Beneficiary or an Independent agent selected by the Beneficiary and which may not be relied on by the Grantor for any purpose. This provision shall not relieve the Grantor from conducting its own environmental audits or taking any other steps necessary to comply with Environmental Laws. 2.9 Assignments. The Grantor will not assign, in whole or In part, without the Beneficiary's prior written consent, the rents, Issues or profits arising from the Premises. 2.10 Right of Inspection. The Beneficiary may at all reasonable times enter and Inspect the Premises. 2.11 Waivers by Grantor. To the greatest extent that such rights may then be lawfully waived, the Grantor hereby agrees for Itself and any persons claiming under the Deed of Trust that it will waive and will not, at any time, Insist upon or plead or in any manner whatsoever claim or take any benefit or advantage of (a) any exemption, stay, extension or law now or tion or appraisrium law now or at ement of the Premises or any part thereof prior time hereafter in force; to any sae or sales.ther of tfter lo be mn forceadre pursuant to any oviding for the 1provislon herein contained or pursuant to the decree, Judgment or order of any court of competent jurisdiction; (c) to the extent permitted by law, any law now or at any time hereafter made or enacted granting a right to redeem from foreclosure or any other rights of redemption In connection with foreclosure of, or exercise of any power of sale under, this Deed of Trust; (d) any statute of limitations now or at any time hereafter in force; or (e) any right to require marshalling of assets by the Beneficiary. 2.12 Assignment of Rents and Leases. The Grantor assigns and transfers to the Beneficiary, as additional security for the Obligations, all right, title and Interest of the Grantor in and to all leases which now exist or hereafter may be executed by or on behalf of the Grantor covering the Premises and any extensions or renewals thereof, together with all Rents, It being Intended that this is an absolute and present assignment of the Rents. Notwithstanding that this assignment constitutes a present assignment of leases and rents, the Grantor may collect the Rents and manage the Premises, but only if and so long as a default has not occurred. If a default occurs, the right of Grantor to collect the Rents and to manage the Premises shall thereupon automatically terminate and such right, together with other rights, powers and authorizations contained herein, shall belong exclusively to the Beneficiary. This assignment confers upon the Beneficiary a power coupled with an interest and cannot be revoked by the Grantor. Upon the occurrence of a default, the Beneficiary, at its option without notice and without seeking or obtaining the appointment of a receiver or taking actual possession of the Premises may (a) give notice to any tenant(s) that the tenant(s) should begin making payments under their lease agreement(s) directly to the Beneficiary or Its designee; (b) commence a foreclosure action and file a motion for appointment of a receiver; or (c) give notice to the Grantor that the Grantor should collect all Rents arising from the Premises and remit them to the Beneficiary upon collection and that the Grantor should enforce the terms of the lease(s) to ensure prompt payment by tenant(s) under the lease(s). All Rents received by the Grantor shall be held in trust by the Grantor for the Beneficiary. All such payments received by the Beneficiary may be applied in any manner as the Beneficiary determines to payments required under this Deed of Trust, the Loan Documents and the Obligations. The Grantor agrees to hold each tenant harmless from actions relating to tenant's payment of Rents to the Beneficiary. 2.13 Fixture Filing. From the date of Its recording, this Deed of Trust shall be effective as a financing statement flied as a fixture filing under the Uniform Commercial Code with respect to the Improvements and for this purpose the name and address of the debtor Is the name and address of the Grantor as set forth In this Deed of Trust and the name and address of the secured party Is the name and address of the Beneficiary as set forth in this Deed of Trust, The Mortgaged Property includes goods which are or may become so affixed to real property as to become fixtures. If any of the Mortgaged Property is of a nature such that a security Interest therein can be perfected under the Uniform Commercial Code, this Deed of Trust shall also constitute the grant of a security interest to the Beneficiary and salve as a security Agreement, and Grantor authorizes the filing of any financing statements and agrees to execute other Instru- ments that may be required for the further specification, perfection or renewal of such security Interest. ARTICLE III. RIGHTS AND DUTIES OF THE BENEFICIARY In addition to all other rights (Including setoff) and duties of the Beneficiary under the Loan Documents which are expressly Incorporated herein as a part of this Deed of Trust, the following provisions will also apply: 3.1 Beneficiary Authorized to Perform for Grantor. If the Grantorthe to pertorties om ausoftthe Go bars duties or covenants set forth In this Deed of Trust, the Beneficiary may perform Including, without limitation, signing the Grantor's name or paying any amount so required, and the cost, with Interest at the default rate set forth in the Loan Documents, will Immediately be due from the Grantor to the Beneficiary from the date of expenditure by the Beneficiary to date of payment by4 thof e Grantor, and will be one of the Obligations secured by 1714DID this Deed of Trust. Al acts by the Beneficiary are hereby ratified and approved, and the Beneficiary will not be liable for any acts of commission or omission, nor for any errors of judgment or mistakes of fact or law. ARTICLE IV. DEFAULTS AND REMEDIES The Beneficiary may enforce its rights and remedies under this Deed of Trust upon default. A default will occur if the Grantor falls to comply with the terms of any Loan Documents (including this Deed of Trust or any guaranty by the Grantor) or a demand for payment Is made under a demand loan, or the Grantor defaults on any other mortgage affecting the Land, or If any other obligor falls to comply with the terms of any Loan Documents for which the Grantor has given the Beneficiary a guaranty or pledge. Upon the occurrence of a default, the Beneficiary may declare the Obligations to be immediately due and payable. 4.1 Remedies. In addition to the remedies for default set forth below and in the other Loan Documents, Including acceleration, the Beneficiary upon default will have all other rights and remedies for default available by law or equity. Upon a default, Beneficiary may exercise the following remedies: (a) Enforcement of Assignment of Rents and Leases. Beneficiary may: (1) terminate the license granted to Grantor to collect the Rents (regardless of whether Beneficiary or Trustee shall have entered into possession of the Mortgaged Property), collect and sue for the Rents in Beneficlary's own name, give receipts and releases therefor, and after deducting all expenses of collection, including reasonable attorneys' fees, apply the net proceeds thereof to any Obligations as Beneficiary may elect; (II) make, modify, enforce, cancel or accept surrender of any leases, evict tenants, adjust Rents, maintain, deco- rate, refurbish, repair, clean, and make space ready for renting, and otherwise do anything Beneficlary reasonably deems advisable in connection with the Mortgaged Property; (iii) apply the Rents so collected to the operation and management of the Mortgaged Property, including the payment of reasonable management, brokerage and attorneys' fees, or to the Obligations; and (iv) require Grantor to transfer and deliver possession of all security deposits and records thereof to Beneficiary. (b) Power of Sale. Beneficiary may require the Trustee, and the Trustee Is hereby authorized and empowered, to enter and take possession of the Premises and to sell all or part of the Mortgaged Property, at public auction, to the highest bidder for cash, free from equity of redemption, and any statutory or common law terms hof such of emptsaleand homestead, marital share, and all other exemptions, after giving notice of the time, place of the Mortgaged Property to be sold, in accordance with applicable law. The Trustee shall execute a conveyance to the urchaser in fee out osimple i bst uction, hindranceor de deand lay. Thver e Trustee may sell purchaser,ossession to the Grantor ll or anyportion of the Mortgaged Property, tgiven together ort in lots or parcels, and may execute and deliver to the purchaser or purchasers of such property a conveyance In fee simple. The Trustee shall receive the proceeds thereof and shall apply the same as follows: (a) first, the payment of the expenses of making, maintaining and executing this trust, protection of the Mortgaged Property, Including the expense of any litigation and reasonable attorneys' fees, and reasonable compensation to the Trustee; (b) second, to any advancements made by the Trustee or the Beneficiary pursuant hereto, with Interest thereon; (c) third, to the payment of the Obligations herein secured or intended so to be, In such order as Beneficiary shall elect, and any balance of said Obligations may be the subject of immediate suit; (d) and, fourth, should there by any surplus, Trustee the wholeit tof he Mortgagedto such Property shall not xerson as haustbe it he 1p werentitled theretale herein granted, and the . The sale or sales Trustee Trustee Is specifically empowered to make successive sale or sales under such power until the whole of the Mortgaged Property shall be sold; and If the proceeds of such sale or sales of less than the whole of the Premises shall be less than the aggregate of the Obligations and the expenses thereof, this Deed of Trust and the lien, security Interest andassignment showever,nmthereof shall remain In full force and effect as to the unsold portion of the Mortgaged Property; provided, but BGrantor eneficiary shall havenever ethe tight ny at itsht osole electionre the s toe or request the Trustees of less en the to sell whole I less than the whole of the ofdtherMortgaged Property. Beneficiary may bid and become the purchaser of all or any part of the Mortgaged Property at any such sure of this Deed Trust whethand the amount ofer pursuant t the power of al's successful bid e granted be fherein or puursted on the luant to court decree, the Grantorations. In the event of a shall remain liable for any deficiency. (c) Judicial and Other Relief. Beneficiary or Trustee may proceed by a suit or suits in equity or at law, whether for the specifc n contained or In aid of the ower herein grainted,ffor for any forecormance of losurenhereundant or er or for the areement Ile of the Mortgaged Property under l the judgmon of any ent r decree of any court or courts of competent jurisdiction. (d) Entry on Promises; Tenancy at Will. (1) Beneficiary may enter into and upon and take possession of all or any part of the Mortgaged Property, and may exclude Grantor, and all persons claiming under Grantor, and Its agents or servants, wholly or partly therefrom; and, 1714DID Page 6 of 9 holding the same, Beneficiary may use, administer, manage, operate, and control the Mortgaged Property and may exercise all rights and powers of Grantor in the name, place and stead of Grantor, or otherwise, as the Beneficiary shall deem best; and in the exercise of any of the foregoing rights and powers Beneficiary shall not be liable to Grantor for any loss or damage thereby sustained unless due solely to the willful misconduct or gross negligence of Beneficiary. (11) In the event of a trustee's or other foreclosure sale hereunder and if at the time of such sale Grantor or any other party (other than a tehant under a Lease as to which the Beneficiary shall have expressly subordinated the Ilen of this Deed of Trust as hereinabove set out) occupies the portion of the Mortgaged Property so sold or any part thereof, such occupant shall immediately become the tenant of the purchaser at such sale, which tenancy shall be a tenancy from day to day, terminable at the will of such purchaser, at a reasonable rental per day based upon the value of the portion of the Premises so occupied (but not less than any rental theretofore paid by such tenant, com- puted on a daily basis). An action of forcible detainer shall Ile if any such tenant holds over a demand In writing for possession of such portion of the Premises. (e) Receiver. Beneficiary may make application to a court of competent jurisdiction, as a matter of strict right and without notice to Grantor or regard to the adequacy of the Mortgaged Property for the repayment of the Obligations, for appointment of a receiver of the Mortgaged Property, and Grantor does hereby Irrevocably consent to such appointment. Any such receiver shall have all necessary and proper powers and duties of receivers in similar cases, Including the full power to rent, malntain and otherwise operate the Mortgaged Property upon such terms as may be approved by the court. Remedies Cumulative,Crt,Nonexclusive. Obligations rhereafter securedrther by chattel mortgag,thdeeds of trust, security agreements, pledges, contracts of guaranty, asignmentsof leases, or other security, Beneficiary may, at Its option, exhaust Its remedies under any one or more of said Instru- ments and this Deed of Trust, either concurrently or independently, and In such order as Beneficiary may determine. Beneficiary shall have all rights, remedies and recourses granted In the Loan Documents and available to it at law or equity (Including, without limitation, those granted by the Uniform Commercial Code), and same (a) shall be cumula- tive, concurrent, and nonexclusive, (b) may be pursued separately, successively or concurrently against Grantor or others obligated for the Obligations, or any part thereof or against any one or more of them, or against the Mortgaged Property, at the sole discretion of Beneficiary, and (c) may be exercised as often as occasion therefor shall arise, It being agreed by Grantor that the exercise of or failure to exercise any of same shall in no event be construed as a waiver or release thereof or of any other right, remedy or recourse. (g) Waiver by the Beneficiary. The Beneficiary may permit the Grantor to attempt to remedy any default without waiving Its rights and remedies hereunder, and the Beneficiary may waive any default without waiving any other sub- sequent or prior default by the Grantor. Furthermore, delay on the part of the Beneficlary In exercising any right, power or privilege hereunder or at law will not operate as a waiver thereof, nor will any single or partial exercise of such right, power or privilege preclude other exercise thereof or the exercise of any other right, power or privilege. No waiver or suspension will be deemed to have occurred unless the Beneficiary has expressly agreed in writing specify- ing such waiver or suspension. as and other costs Incurred may bte� covered byFees and the Bether Costs. efic ary and ncluded Inanysale made hereunder orlby judgmeint of foreon with closure. ARTICLE s Deed of Trust ARTICLE V. TRUSTEE 5.1 Action by Trustee. The Trustee named herein shall be clothed with full power to act when action hereunder shall be required, and to execute any conveyance of the Mortgaged Property. In the event that the substitution of the Trustee shall become necessary for any reason, the substitution of a trustee In the place of that named herein shall be sufficient. The term "Trustee" shall be construed to mean "Trustees" whenever the sense requires. The necessity of the Trustee herein named, or any successor in trust, making oath or giving bond, Is expressly waived. 5lo Employment oents. The and attorneysInthe exor ecution ofone nthis truststead, and/or Inshall theeconductin It's ng ofiany authority to employ all property agents pursuant to the terms hereof, and to pay for such services rendered out of the proceeds of the sale of the Mortgage Property, should any be realized; and if no sale be made or If the proceeds of sale be Insufficient to pay the same, then Grantor hereby undertakes and agrees to pay the cost of such services rendered to said Trustee. Trustee may rely on any document believed by It In good faith to be genuine. All money received by the Trustee shall, until used or applied as herein provided, be held In trust, but need not be segregated (except to the extent required by law), and the Trustee shall not be liable for Interest thereon. 5.3 Indemnification of Trustee. If the Trustee shall be made a party to or shall Intervene In any action or proceeding affecting the Mortgaged Property or the title thereto, or the Interest of the Trustee or Beneficiary under this Deed of Trust, the Trustee and Beneficiary shall be reimbursed by Grantor, immediately and without demand, for all reasonable costs, 1714DID Page 6 of 9 charges and attorneys' fees incurred by them or either of them in any such case, and the same shall be secured hereby as a further charge and lien upon the Mortgaged Property. 5.4 Successor Trustee. Beneficiary may at any time, Including any time before, during or after the commencement or completion of any foreclosure proceeding, remove Trustee (with or without cause) and appoint a successor Trustee by ledged and recorded in the real estate records, which recording may take place before, an Instrument executed, acknow during or after the commencement or completion of any foreclosure proceeding, and any such successor Trustee shall thereupon succeed to Trustee as Trustee hereunder as If named herein. No defect in the removal of Trustee or in the appointment of a successor or in the execution and recording of such appointment shall affect the validity thereof. ee mencemelnt whether of anor after the com- y foreclosure proceeding shall haveenont teffectakes pbefore,lace of the successor uponthe vl ditynof said proceeding Trustee shall not be disqualified by reason that Trustee Is an officer, employee or stockholder of Beneficiary, or has an Interest In the Obligations. All parties waive any objection to Trustee having any such Interest. Trustee shall be liable only for gross negligence or willful misconduct. No Indemnity or remedy herein conferred is exclusive of any other remedy or indemnity, but to exercise anyrghtlon to or power shall Impalother he rsuch right orer and at law or poweriorbeiconst construed as aromlssion waiver of by Trustee or Beneficiary rustee shall have proceede any default or an acquiescence therein. If Td to enforce any right by forst y, the, G entry or otherwise, and such proceedings are discontinued for any reason, or shall have been determined adversely, then Grantor and Trustee shall severally and respectively be restored to their former positions and rights hereunder. ARTICLE VI. MISCELLANEOUS Deed all other thmiscellaneous provisions provisions will alcor the Loan Documents which are expressly incorporated as a part of this 6.1 Term of Deed of Trust. This Deed of Trust shall continue in full force and effect until this Deed of Trust Is released. 6.2 Time of the Essence. Time is of the essence with respect to payment of the Obligations, the performance of all covenants of the Grantor and the payment of taxes, assessments, and similar charges and Insurance premiums. to the lion of e or er en In 6.3 art, by in whole or the proceeds of Note Beneficiary olther advancel be s by the Beneficiary, n which event hany isums otherwise advanced pu rt ithe Loan Documents by the Beneficiary shall immediately due ottotheofffpaymenttby the Grantor, and will beat the defa It rate set fo If one of the Obligations from the date of advancea by the Beneficiaryo e secured by this Deed of Trust. loca6.4 hoice of Law. ted.CFor all other purposes, lt he choice of law specified n thetthe laws of the state In which the Mortgaged Property is Loan Documents will govern. 6.5 Severability. Invalidity or unenforceability of any provision of this Deed of Trust shall not affect the validity or enforceability of any other provision. 6.6 Entire Agreement. This Deed of Trust is Intended by the Grantor and the Beneficiary as a final expression of this Deed of Trust and as a complete and exclusive statement of Its terms, there being no conditions to the full effectiveness of this Deed of Trust. No parol evidence of any nature shall be used to supplement or modify any terms. 6.7 Joint Liability; Successors and Assigns. If there Is more than one Grantor, the liability of the Grantors will be joint and several, and the reference to„ Grantor” shall be deemed to refer to each Grantor and to all Grantors. The rights, options, powers and remedies granted in this Deed of Trust and the other Loan Documents shall extend to the Ben bei applicable hereto and to all renewasnamendmes, shall beMs binding and/or eIts successors and assigns, and Menslons hereofon the Grantor . shal 6.8 Indemnification. Except for harm arising from the Beneficiary's or the Trustee's willful misconduct, the Grantor hereby indemnifies and agrees to defend and hold the Beneficiary and the Trustee harmless from any and all losses, costs, damages, claims and expenses (including, without limitation, attorneys' fees and expenses) of any kind suffered by or asserted against the Beneficiary or the Trustee relating to claims by third parties arising out of the financing provided under the Loan Documents or perform Its obligations relating to Enatevironmental to the Mattes describeded InSection 23 abov ) without tor�the exerolsefby the eeneficia� ry or the Trustee of any of their respective powers, rights and remedies under this Deed of Trust. This indemnification and hold harmless provision will survive the termination of the Loan Documents and the satisfaction of this Deed of Trust and Obligations due the Beneficiary. 6.9 Notices. Notice of any record shall be deemed delivered when the record has been (a) deposited In the United delivery service, (c) received by telex, (d) received by tel ecopy, States Mall, postage pre -paid, (b) received by overnight (e) received through the Internet, or (f) when personally delivered. 6.10 Release of Rights of Homestead and Distributive of utiveShare. Each of the undersigned hereby relinquishes all e 7 1714DID rights of homestead and distributive share In and to the Mortgaged Property and waives all rights of exemption as to any of the Mortgaged Property. each promissory note secured hereby reb yacknand II other es the mentst executed of a by the Grof this antor In connectieed of Trust, on herewether ith. I ha copy of 6.12 Usury Savings clause. Notwithstanding anything herein or.ln the Note to the contrary, no provision contained herein or In the Note which purports to obligate the Grantor to pay any amount of Interest or any fees, costs or expenses which are In excess of the maximum permitted by applicable law, shall be effective to the extent that it calls for the payment of any Interest or other sums in excess of such maximum. All agreements between the Grantor and the Beneficiary, whether now existing or hereafter arising and whether written or oral, are hereby limited so that In no contingency, whether by reason of demand for payment of or acceleration of the maturity of any of the Indebtedness secured hereby or otherwise, shall the interest contracted for, charged or received by the Beneficiary exceed the maximum amount permissible under applicable law. If., from any circumstance whatsoever, interest would otherwise be payable to the Beneficiary In excess of the maximum lawful amount, the Interest payable to the Beneficiary shall be reduced to the maximum amount permitted under applicable law; and If from any circumstance the Beneficiary shall ever receive anything of value deemed Interest by applicable law in excess of the maximum lawful amount, an amount equal to any excessive Interest shall at the Beneficiary's option, be refunded to the Grantor or be applied to the reduction of the principal balance of the Indebtedness secured hereby and not to the payment of Interest or, if such excessive interest exce eds the st cont of all agreements between the Grantor and the Beneficiary.s shall be refunded to the Grantor. Thisparagraphha 6.13 Riders. The rider(s) attached hereto and recorded together with this Deed of Trust are hereby fully incorporated into this Deed of Trust. [Check applicable box(es)] ❑ Condominium Rider CSecond Deed of Trust Rider X❑Construction Loan Rider ❑ Other(s) (Specify) IN WITNESS WHEREOF, the undersigned has/have executed this Deed of Trust as of NOVEMBER 28, 2005 (Individual Grantor) Printed Name (Individual Grantor) Printed Name 82 Investments LLC Scott M Private Name and Title emb r (Grantor Address) 1700 Kamay Drive Meridian ID 83642 (Beneficiary Address) PORTLAND OR 97204 [NOTARIZATION ON NEXT PAGE] 1714DID Page 8 of 9 STATE OF ✓28/r Ito ss. COUNTY OF y On l/" ? dS before me personally appeared Patrick x Minegar and Scott M to me known to be the person(s) described In and who executed the foregoing Instrument and known to me to be executing on behalf Member and Member (Type of autharityor title, If any, e.g., officer, vice president, trustee; If an Individual, a mauled Individual, a single Indivldua of H2 Investments LLC (Nemo ai entity on whose be elf the document was executed; use N/A If ndividual) and a Idaho limited liabil3t com an State of organizallon and type of organ zatlon, use N/A If individual) acknowledged that he/she/they executed the same as the free act and deed of such individ . I(s)/entity (SEAL) V-1 "5112111101" Notary Public .+ tM °+ fN ;fie °j°,•e• My term expires • O ; a S t~ e 'g* t PUBy� : Q: TE Page 9 of 9 1714DID CONSTRUCTION LOAN RIDER TO DEED OF TRUST 5824094733 Grantor/Trustor: B2 Investments LLC Trustee: U.S. BANK TRUST COMPANY, N.A. Beneficiary: U.S. BANK N.A. The following provisions are hereby made a part of the Deed of Trust to which this Rider is attached; Cassation of Construction. The loan secured hereby was obtained to assist in financing building construction or remodeling, or land development, or other improvements to the Premises (as provided in the Construction Loan Agreement between Grantor/Trustor and Beneficiary of even date with the note evidencing such loan, which Is made a part hereof by this reference, which no third party is entitled to rely upon) and: (a) If such construction, remodeling, development, or Improvement shall not, in accordance with plans and specification approved by Beneficiary, be completed prior to the expiration date established by Beneficiary or (b) If work on the same shall cease before completion and remain abandoned for a period of thirty consecutive days; then the existence of either circumstance shall constitute an event of default under the terms of this instrument, and at any time thereafter, said note and the t note to G a toro/Trusle torb(suchsnotice beings secured eher byhexlpressly waived),, at the option obecomef the edue and coiary lllectibleuat once by foreclosure or otherwise. In the event of such cessation or abandonment of work as aforesaid, may, at its nd Grantorioption, /Trustor hereby givves to Beneficiary full power and autho icomplete authority to make such entry and to enter Into such contracts or arrangements as It may consider necessary to complete the same. All monles expended by Beneficiary in connection with completion of said Improvements shall be added to the Indebtedness hereby secured and shall be payable by Grantor/Trustor Immediately and without demand, with Interest at the default rate specified in the Note. Beneficiary shall have the right to enter upon the Premises at any and all times to inspect the same. Construction Morteaae. This Deed of Trust shall be deemed to be a construction mortgage, as that term Is defined In the Uniform Commercial Code, as amended, securing an obligation Incurred for the construction of an Improvement on the Land, which may include the acquisition cost of the Land, and any notes Issued in extension or renewal thereof or substitution therefor. If and to the extent that any of such actions could, under the laws of the state In which the Land is located, form the basis of or result in a security Interest in or lien against the Land or any Improvements thereon having priority over this Deed of f Trust n the real p opertyr ecacknowledges t o ds of the counnty or c untieswhe eprior t the Land is recordation d is l cat d, no contrractwill have (been entered into nor will any Improvements have been constructed upon the Land, nor will any material have been delivered to the Land in regard to the project for which the loan or loans evidenced by the Note have been made. It is understood and agreed that funds are to be advanced upon the Note in accordance with a Construction Loan Agreement made by and between the Grantor and the Beneficiary of even date herewith, which said Construction Loan Agreement Is Incorporated herein by reference to the same extent and effect as if fully set forth herein and made a part of this Deed of Trust. This Deed of Trust secures the payment of all sums and the performance of all covenants required by Grantor by said Construction Loan Agreement, and on the failure of Grantor to keep and perform all the covenants, conditions and agreements of said Construction Loan Agreement, the principal sum and all Interest and securedother charges provided for herein and hereby of Trust become due and payable, anythinghere herein contained option d to he cont ary notwithstanding. this Deed a/02 3532DOT ®us WCOTp 2001 B1 EXHIBITATO DEED OF TRUST 5824094733 (Legal Description) Grantor: B2 Investments LLC Trustee: U.S. BANK TRUST COMPANY, N.A. Beneficiary: U.S. BANK N.A. Legal Description of Land: A parcel of land situate in the Southeast quarter of the Southeast quarter of Section 11, Township 3 North, Range 1 West, Boise Meridian, Meridian City, Ada County, Idaho, being more particularly described as follows: Commencing at the Southeast corner of Section 11, Township 3 North, Range 1 West, Boise Meridian; thence North 00158155" West, 1,122.82 feet along the East line of Section 111 thence South B9°00152i1 West, 48.00 feet to the POINT OF BEGINNING; thence South 00°58155" East, 182.50 feet; thence South 119°00157" West, 235.69 feet; thence South 00°58155" East, 72.50 feet; thence South 89°00157" West, 159.77 feet; thence North 01eDD150" West, 30.00 feet; thence South 89000157" West, 155.01 feet; thence North 000581551' West, 224.98 feet; thence North 89°0015211 East, 550.49 feet to the POINT OF BEGINNING. SYATt OF tOAHO. COUNTY OFADA, u. I,1. David Now". Recordar for Ade CMpry. do he by u!cnP/a h Hexed Is o fill. trim BadConnti copy of Inst. Nu._..�_J_Ya,t�..'9-ice .�....• wit gi pamr on «idord in Book ^r - •t Poea - - , Records of Ada County. Slab of Idolw. IN WITTNN.'S'5�%`H0RAOF. I IIaVe ant myAottptdfannd affixed my official seat ibis ` f. DAVID NAVAR R 9 This instrument prepared by and after recording return to: Mark D. Munroe U.S. Bank, PD -ID -3669 101 S. Capitol, Suite 100 Boise, ID 83702 ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 16.00 ; BOISE IDAHO 10/04106 04:25 PM DEPUTY Thomson RECORDED a11REQUESTOF IIIIIIIIIIIIIIIIIIII�IIIIIIIIIIIIIIII Trananalion Tille 106158474 c045—X5 C-) 9r—, -> ^1(>Z5 W 2321 mbank AMENDMENT TO IDAHO DEED OF TRUST 5824094733 This Amendment to Deed of Trust (the "Amendment"), is made and entered Into by the undersigned borrower, guarantor and/or other obligor (the "Grantee) and U.S. HANK N.A. (the "Beneficiary") as of the date set forth below. RECITALS A. The Grantor (or the Grantor's predecessor in interest, If different from the undersigned Grantor) executed a deed of trust (the "Deed of Trust"), dated NOVEMBER 28, 2005 . The Land (defined In the Deed of Trust) subject to the Deed of Trust Is described as follows (or in Exhibit A hereto if the description does not appear below): See attached Exhibit A B. The Deed of Trust was recorded in the office of the County Recorder of Ada County, Idaho, on NOVEMBER 29, 2005 as Document No. 105181092 C. The Grantor has requested that the Beneficiary permit certain modifications to the Deed of Trust as described below. D. The Beneficiary has agreed to such modifications, but only upon the terms and conditions outlined in this Amendment, TERMS OF AGREEMENT In consideration of the recitals and mutual covenants contained herein, and for other good and valuable consideration, the Grantor and the Beneficiary agree as follows: 1. ❑X Change In Note/Secured Amount. If checked here, the phrase In the Deed of Trust "a note or notes dated 08/08/06 in.the Initial principal amount(s) of $1, 526, 000.00 " Is hereby amended and replaced with the phrase "note(s) dated or amended as of 10/03/06 In the principal amount(s) of $ 1,526,000,00 " 3501DID ®usbancorf,2001 81 Page t of 10/03 `6 �L S / 0/3 ( /o a G�� d I f7/---20) lr 2. Maturity of Deed of Trust. Any maturity date stated in the Deed of Trust may no longer be valid. As permitted by Idaho Statutes Section 5-214A, any reference in the Deed of Trust to a maturity date of the Deed of Trust Is hereby deleted, It being the intent of the parties hereto that the Deed of Trust have no stated maturity date. This does not affect maturity of the Obligations under the Loan Documents. 3. Additional Terms. 4. Fees and Expenses. The Grantor will pay all tees and expenses (including attorneys' fees) in connection with the preparation, execution and recording of this Amendment. 5. Effectiveness of Prior Document. Except as provided In this Amendment, all terms and conditions contained in the Deed of Trust remain in full force and effect In accordance with their terms, Including any reference In the Deed of Trust to future credit secured by the Deed of Trust; and nothing herein will affect the priority of the Deed of Trust. All warranties and representations contained in the Deed of Trust are hereby reconfirmed as of the date hereof. All collateral previously provided to sectare the Note continues as security, and all guaranties guaranteeing,obllgatlons under the Note remain In full force and effect. This is an amendment, not a novatlon. 5. No Waiver of Defaults; Warranties. This Amendment shall not be construed as or he deemed to be a waiver by the Beneficiary of existing defaults by the Grantor whether known or undiscovered. All agreements, representations and warranties made herein shall survive the execution of this Amendment. 7. Counterparts. This Amendment may be signed In any number of counterparts, each of which will be considered an original, but when taken together will constitute one document. 8. Authorization. The Grantor represents and warrants that the execution, delivery and performance of this Amendment and the documents referenced to herein are within the organizational powers (as applicable) of the Grantor and have been duly authorized by all necessary organizational action. IMPORTANT: READ BEFORE SIGNING. THE TERMS OF THIS AGREEMENT SHOULD BE READ CAREFULLY BECAUSE ONLY THOSE TERMS IN WRITING, EXPRESSING CONSIDERATION AND SIGNED BY THE PARTIES ARE ENFORCEABLE. NO OTHER TERMS OR ORAL PROMISES NOT CONTAINED IN THIS WRITTEN CONTRACT MAY BE LEGALLY ENFORCED. YOU MAY CHANGE THE TERMS OF THIS AGREEMENT ONLY BY ANOTHER WRITTEN AGREEMENT. [SIGNATURES ON NEXT PAGE] 3501 DID Page 2 o14 IN WITNESS WHEREOF, the undersigned has/have executed this AMENDMENT as of OCTOBER 3. 2006 (Individual Grantor) Printed Printed Beneficiary (Bank) b By. — Mark D. Munroe Name and Title: vice President 02 Investments LLC Grantor Name (Organization) a Idaho limited Liab ility comaan By: Fn/fes 5 of M. Privette Name and Title: Me er By: rt� ' Petri R. Minegar Name and Title: Memb [NOTARIZATIONS ON NEXT PAGE] 3501 DID Page 3 of 4 GRANTOR NOTARIZATION STATE OF lLt� ss. COUNTY OF before me personally appeared Scott M. Privette and Patrick R. to me known to be the person(s) described in and who executed the foregoing Instrument and known to me to be Member and Member executing on behalf (Type of authority or title, If any, e,g„ officer, vice president, trustee; if an individual, a married Individual, a single Individual) of 132 Investments LLC (Name of entity on whose behalf the document was executed; use N/A if individual) a Idaho limited liabilit cc m an ,and (State of organization and type of organization, use N/A If individual) acknowledged that he/she/they executed the same as the free act and deed of such Individual(s)/entity . (SEAL) 00, i [ lzz— „ yM,OW Notary Public �"�,,,ftip�f►+ My term expires— `� L BENEFICIARY (BANK) NOTARIZATION STATE OF n � COUNTY OF Y�zas, /` On M - 3 d o , before me personally appeared Mark H Munroe to me known to be the persori(s) described in and who executed the foregoing instrument and known to me to be Vice President:-:: : zii Z' :: executing on behalf (Type of authority or title, if any, e.g., officer, vice preserustee;annvu,a, Of U.S. HANK N.A. ' (Name of entity on whose behalf the document was executed; use N Aif individual) a National octet' and (State of organfzat on and type of organization, use N A if individual acknowledged that he/she/they executed the same as the free act and deed of such Individual(ss))/entlty . (SEAL) SIMOLNJ Notary Public Notary Public My term expires State of Idaho — 7 f 3501 DID Page 4 of 4 EXHIBIT A TO AMENDMENT TO DEED OF TRUST (Legal Description) Grantor/rrustor: B2 Investments LLC Trustee: U.S. Bank Trust Company, N.A. Beneficiary: U.S. Bank N.A. Legal Description of Land: Real property commonly known as 327 N. Linder Road, Meridian, ID 83842, being more fully described as follows: A parcel of land situate in the Southeast quarter of the Southeast quarter of Section 11, Township 3 North, Range 1 West, Boise Meridian, Meridian City, Ada County, Idaho, being more particularly described as follows: Commencing at the Southeast corner of Section 11, Township 3 North, Range 1 West, Boise Meridian; thence ' North 00°581J55" West, 1,122.82 feet along the East line of Section 11; thence South 89000152" West, 48.00 feet to the POINT OF BEGINNING; thence South 00058'55" East, 182.50 feet; thence South 89°00157" West, 235.69 feet; thence South 00058'55" East, 72.50 feet; thence South 89000157" West, 159.77 feet; thence _ North 01°00'50" West, 30.00 feet; thence South 89000157" West, 155.01 feet; thence North 00058'55" West, 224.98 feet; thence North 89°00152" East, 550.49 feet to the POINT OF BEGINNING. AFFIDAWT OF LEGAL INTEREST STATE OF IDAHO COUNTY OF ADA &9-ef �ame) �^ ,(address) (city) (state) being first duly sworn upon, oath, depose and say: That I am the record owner of the property described on the attached, and I grant my permission to: Bnggs Engineering, Inc., 1800 W. Overland Road, Boise, ID 83705 (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 Brom any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. 3. 1 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). -k, Dated this _day of VNOVr MCoe t , 20 r (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. ••.••;'.V Opp'••o r` �0T p RY s: (Notary Public for Idaho) Residing at: :�-S '• PU .S 0.0 F My Commission Expires: 7-a7A 4 Community Development ■ Pluming Division ■ 33 E. Broadway Avenue. Ste. 102 Meridian. Idaho 83642 Phone: 208-884-5533 Far: 208-888-6854 wun CONIFER WEATHERVANE 117 SU BD. VILLAGE NO. 1 SUB: MERRYWOOD SUB. NO. 1 SITE NO. REVISION : ay: SHEET : 1 of 1 VMAP 141007—VNIAP.DWG HAZ-TEC W IMARC VAN HEES SUBDIVISION WESTLAWN UNION PACIFIC RAILROAD Q HEPPERS x ACRES 04 SUB. Q z a CREST WOOD ESTATES SUB NO. 3 V I I I W CREST WOOD DR lul -�� 300 150 0 300 600 900 SCALE IN FEET 313 N. LINDER ROAD VICINITY MAP OWG DATE: OWG NO. SCALE: 11/25/14 141007 1"= 300' BRIGGS ENGINEERING, INC. BRIaGGS ENGINEERS PLANNERS SURVEYORS 1800 W. OVERLAND ROW r BOISE. IONTO 83705 ' (208)344-97C These drawings, or any portion thereof, shall not be u on any Project or extensions of this Project except by written agreement from Driggs Engineering, Inc. 5 � $ e � [ z `v r.;a aF••7 F -IF n, X33 k11 o W nyg��3 e o Yq�u3� r -r^ to.41i¢ Si�u� ia� �v5r iiZt HAD, gh.„W MIM Egon o'ao C2:: 3 'g RAW- O O3IIV{{� R]LYtyM/� h� R a \ r+ �. \,: \wo, � ! 6 B2Investments, LLC ƒ \V � \\ N. � . , \ r+ �. \,: \wo, � ! 6 B2Investments, LLC ƒ \V � \\ N. � r+ �. o m G 4 .�K/ \wo, � ! 6 B2Investments, LLC ƒ \V � N. � § [ .� FL ` E �i � ! �i � . \ tl ! k . j} m( $# § [ § i ! / , . .. . �r .� FL ` E �i � ! �i � . \ .\( j} m( $# -- § ° |� \ ' . � i § i ! / , . .. . �r m .� FL ` E �i . \ .\( j} m( | -- m \,^a .\( j} m( | m tlIY tlw i ONIIVaN Itl � Na3��tlo s e�souus�sm R ��° i;II'� F r N -wOMJl3k11 s , Il ill iii i is r si .I, s 9 :k a� �a ai'xnaitlan tl1Y ONY IXiLLY3X{Y tltrJ PYIV1Y1930YtlW8 ` m"�"rti� 3tl11103. . 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IIIIII!I!III11 I'IIIIIII�! !11!11 IIII! �� -------r_,� 4 M aNYg1LLV3N w xw wwmme aarxms naxaaixaxv ddOHA3Fl1 s i N 4 s i a i ! as 9Fe'g` o I , , q , 3 , qg ILA z I t e I I I , I 86 E- p d e Of nv nn� a�vv 4 2/1222015 Briggs Engineering Mail - AV: 313 N. Linder Rd. GMi' Dean Briggs <dean@briggs-engineering.com> AV: 313 N. Linder Rd. 1 message Terri Ricks <tricks@meridiancity.org> Thu, Feb 12, 2015 at 4:15 PM To: Dean Briggs <dean@briggs-engineering.com> 2/12/15 Address Verification: B2 Investments Bldg. Address: 313 N LINDER RD, IVIERIDIAN, ID 83642 Save Reset cancel Help Parcel Detail District Parcel# - Parcel Status• Primary R5782310030 Enabled w Yes Lot Block Subdivision 3 1 bIONICASUB Terri Ricks Addressing Specialist City of Meridian Land Development 208-887-2211 tricks@meddiancity.org https://mail.gwgle.ccmlmaillu/0/?ui=2&ik=7f7da6b543&view=pt&search=inbox&th=14b8013ifgb6ec36&siml=14b8Ol3lf9b6ec36 1/1