ApplicationTRANSMITTALS TO TO AGENCIES FOR COMMENTS ON
DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN
Mayor Tammy de Weerd
City Council Members:
Keith Bird
Joe Borton
Charles Rountree
David Zaremba
To ensure that your comments and recommendations will be considered by
the Meridian City Council please submit your
comments and recommendations to Meridian City Hall
Attn: Jaycee Holman, City Clerk, by:
Transmittal Date: May 6, 2015
Hearing Date June 2, 2015
May 26, 2015
File No.: AP 15-002
Request: Public Hearing: City Council approval of a reduction in the buffer width
required in the C -G zoning district to residential uses as allowed by
UDC 11 -3B -9C.2 for Franklin Mini Storage
By: Osborne
ses
Location of Property or Project: 1975 E. Franklin Road
_Ryan Fitzgerald (No FP)
_Gregory Wilson (No FP)
—Steven Yearsley (No FP)
_ Patrick Oliver (No FP)
_Rhonda McCarvel (No FP)
_Tammy de Weerd, Mayor
—City Council
_Sanitary Services
_Building Department/ Rick Jackson
_ Fire Department
_Police Department
—City Attorney
_City Public Works
_City Planner
_Parks Department
Economic Dev.
Your Concise Remarks:
_Meridian School District
—Meridian Post Office
_Ada County Highway District
_Ada County Development Services
_Central District Health
—COMPASS
_Nampa Meridian Irrig. District
_Settlers Irrig. District
_ Idaho Power Co.
_Qwest
_Intermountain Gas
_ Idaho Transportation Department
_Ada County Ass, Land Records
Downtown Projects:
—Meridian Development Corp.
_Historical Preservation Comm.
South of RR / SW Meridian:
NW Pipeline
—New York Irrigation District
_ Boise-Kuna Irrigation District
Boise Project Board of Control/Tim Page
City Clerk's Office • 33 E. Broadway Avenue, Meridian, ID 83642
Phone 208-888-4433 • Fax 208-888-4218 • www.meridiancity.org
(��zWEKIDIANf— Planning Division
DEVELOPMENT REVIEW APPLICATION
STAFF USE ONLY:Project name: t=fR�Kilt.� I t It�t J1�f
File number(s): %� - SFJ -
Assigned Planner: W Related files:
of Review
all that
Ll Accessory Use
❑ Administrative Design Review
❑ Alternative Compliance
❑ Annexation and Zoning
❑ Certificate of Zoning Compliance
❑ Comprehensive Plan Map Amendment
❑ Comprehensive Plan Text Amendment
❑ Conditional Use Permit
❑ Conditional Use Modification
Director/Commission (circle one)
❑ Development Agreement Modification
❑ Final Plat
❑ Final Plat Modification
❑ Planned Unit Development
❑ Preliminary Plat
❑ Private Street
❑ Property Boundary Adjustment
❑ Rezone
❑ Short Plat
❑ Time Extension:
Director/ Commission/Council (circle one)
❑ UDC Text Amendment
❑ Vacation:
Director/ Council (circle one)
❑ Variance
0 Other Council Review
Applicant Information
Applicant name: Osborne Enterprises Phone: 208.336.9606
Applicant address: 13965 W. Chinden Blvd., Suite 300 Email: cjc@bitterrootholdings.com
City: Boise
State: ID Zip: 83713
Applicant's interest in property: ❑O Own ❑ Rent ❑ Optioned ❑ Other
Owner name: Same as above
Phone:
Owner address: Email:
City: State: Zip:
Agent/Contact name (e.g., architect, engineer, developer, representative): Tamara Thompson
Firm name: The Land Group, Inc. Phone: 208.939.4041
Owner address: 462 E. Shore Dr., Suite 100 Email: tamara@thelandgroupinc.com
City: Eagle State: ID Zip: 83616
Primary contact is: ❑ Applicant ❑ Owner [71 Agent/Contact
Subject Property Information
Location/street address: 1975 E. Franklin Rd. Township, range, section: 3N 1 E 17
Assessor's parcel number(s): S1117223113, S1117223053 Total acreage: 9.831 Zoning district: C -G
Community Development • Planning Division • 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642
Phone: 208-884-5533 Fax: 208-888-6854 wwm.meridiancih'nre/olannine
(Ree. 0 611 212 0 1 4)
Project(subdivision name: Franklin Mini Storage
General description of proposed project/request: Council review of 25'
Self-service Storage Facility to RUT residential use.
Proposed zoning district(s): CCG
Acres of each zone proposed: 9.731
Type of use proposed (check all that apply):
❑ Residential ❑ Office ❑+ Commercial ❑ Employment ❑ Industrial ❑ Other
setback from
Who will own & maintain the pressurized irrigation system in this development? Owner
Which irrigation district does this property lie within? Nampa -Meridian Irrigation District
Primary irrigation source: Nampa -Meridian Irrigation District Secondary: City of Meridian
Square footage of landscaped areas to be irrigated if rima or second Phase 1:38,498, 2:25,117
9 g P g (� p ry secondary point ofcoimection is City water):
Residential Project Summary (if applicable)
Number of residential units: N/A Number of building lots:
Number of common 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 (excl. garage):
Minimum property size (s.f):
Gross density (Per UDC 11-1A-1):
Acreage of qualified open space: _
4 or more bedrooms:
Maximum building height: _
Average property size (s.f.):
- Net density (Per UDC 11-1A-1):
Percentage of qualified open space:
Type and calculations of qualified open space provided in acres (Per UDC 11 -3G -3B):
Amenities provided with this development (if applicable):
Type of dwelling(s) proposed: ❑ Single-family Detached ❑ Single-family Attached ❑ Townhouse
❑ Duplex ❑ Multi -family ❑ Vertically Integrated ❑ Other
Non-residential Project Summary (if applicable)
Number of building lots: 2 Common lots: 0 Other lots: 0
Gross floor area proposed: 77,595 SF (PH 1)+59,968 (PH2) Existing (if applicable): N/A
Hours of operation (days and hours): 7 days/week & 6AM to 11 PM Building height: 12' west elevation
Total number of parking spaces provided: 17 Number of compact spaces provided: 0
Authorization
Print applicant name: Tamara
Applicant signature:
Date: 04.30.2015
Community Development • Planning Division n 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642
Phone: 208-884-5533 Fax: 208-888-6854 1r•�1m•.meridimlcih.nrJplantlinv
-2- (Rev. 0 611 212 01 4)
THE LAND GROUP, INC.
April 23, 2015
Mayor Tammy de Weerd
Members of Meridian City Council
Meridian City Hall
33 E. Broadway Avenue, Suite 300
Meridian, ID 83642
Re: Council Review - Franklin Storage
Dear Mayor de Weerd and Members of the Meridian City Council,
The Franklin Storage project is located on the south side of Franklin Road between Locust Grove
and Weatherby Drive at 1975 E Franklin Road. The property was annexed and zoned in 2001
(AZ -01-011) with a C -G zoning district. As a provision of annexation, a development agreement,
Instrument No. 10205612 was recorded which limits development to a mini -storage facility.
A Conditional Use Permit (CUP -15-001) for the storage facility was approved by the Planning
and Zoning Commission on April 16, 2015. The applicant is in agreement with the conditions of
approval with the exception of condition 1.8.a.
Ar
Site Planning • Landscape Architecture • Civil Engineering • Golf Course Irrigation & Engineering • Graphic Design
Surveying
462 E. Shore Drive, Suite 100 • Eagle, Idaho 83616 • P 208.939.4041 • www.thelandgroupinc.com
Condition 1.8.a requires a twenty-five (25') landscape buffer along the entire west boundary
and the south boundary of the development area adjacent to residential uses and planted in
accord with UDC 11 -3B -9C.
We respectfully request Council's approval of a reduced landscape buffer for a portion of the
western property boundary adjacent to RUT zoned property in Ada County with a Mixed Use
Community Comprehensive Plan designation in the City of Meridian. The condition for the
south boundary is acceptable.
Per the City of Meridian Unified Development Code Table 11-26-3, the dimensional standards in
the C -G zone allow for a building height up to 65'. The majority of the storage structures on the
west property line, approved with the CUP, are relatively short at 12' tall (and the side of the
southernmost buildings at 20'4"), compared to the C -G allowed height of up to 65'. The storage
buildings are designed in a fortress style with the perimeter buildings providing the boundary
with all access to individual storage units internal to the site. Additionally, all storage at the
facility is fully enclosed within a building.
The Franklin Storage facility will reduce traffic impacts on the site and in the neighborhood
compared to typical uses allowed in the C -G zone. The industry standard is 7 vehicle trips per
day per 100 units for self -serve storage. The site is designed to have approximately +/-780
units (431 in phase 1) which is anticipated to produce an average of 55 vehicle trips per day.
This is considerably less than a typical development with C -G zoning.
The development will provide the 25' landscape buffer along the entire east and south
boundaries. The development will provide the 25' landscape buffer along approximately 45%
of the western boundary adjacent to current residential zones with the exception of the RUT
zone.
e
Site Planning • Landscape Architecture - Civil Engineering • Golf Course Irrigation & Engineering • Graphic Design • Surveying
462 E. Shore Drive, Suite 100 • Eagle, Idaho 83616 • P 208.939.4041 • F 208.939.4445 • www.thelandgroupinc.com
There are two parcels adjacent to the reduced landscape buffer, both are zoned RUT in Ada
County with a Meridian Comprehensive Plan/Future Land Use designation of Mixed Use
Community (MU -C).
Owner
Address
Acres
Current Use
Zoning
Future Land Use
Arnold Burr
1885 E. Franklin
0.793
Residential
RUT
MU -C
Rodney Cullip
1819 E. Franklin
5.733
Ag/pasture
RUT
MU -C
Franklin
Mr. Burr's property is adjacent to Franklin Road and has a depth of approximately 175' adjacent
to the Franklin Storage property. A landscape buffer of 25', a solid 6' vinyl fence, and trees are
provided adjacent to the residential structure on the Burr property. Continuing south, the
landscape buffer transitions to 8.5' and includes a 6' high solid vinyl fence and trees spaced at
one tree per thirty-five (35) linear feet. Mr. Burr has provided a letter stating his support of the
reduced landscape buffer.
If
Site Planning • Landscape Architecture • Civil Engineering • Golf Course Irrigation & Engineering • Graphic Design • Surveying
462 E. Shore Drive, Suite 100 • Eagle, Idaho 83616 • P 208.939.4041 - F 208.939.4445 • www.thelandgroupinc.com
E Franklin RJ
Cullip Residence
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Mr. Burr's property is adjacent to Franklin Road and has a depth of approximately 175' adjacent
to the Franklin Storage property. A landscape buffer of 25', a solid 6' vinyl fence, and trees are
provided adjacent to the residential structure on the Burr property. Continuing south, the
landscape buffer transitions to 8.5' and includes a 6' high solid vinyl fence and trees spaced at
one tree per thirty-five (35) linear feet. Mr. Burr has provided a letter stating his support of the
reduced landscape buffer.
If
Site Planning • Landscape Architecture • Civil Engineering • Golf Course Irrigation & Engineering • Graphic Design • Surveying
462 E. Shore Drive, Suite 100 • Eagle, Idaho 83616 • P 208.939.4041 - F 208.939.4445 • www.thelandgroupinc.com
Mr. Cullip's property fronts on Franklin Road and wraps around the Burr property. The
residential use on this parcel is adjacent to Franklin Road on the west side of the Burr property,
therefore, not adjacent to the storage facility. The portion of the Cullip property that is
adjacent to the Franklin Storage has an agricultural use. The landscape buffer provided
adjacent to the agriculture use is a continuation of the reduced section adjacent to a portion of
the Burr property which includes 8.5' landscape buffer, a 6' high solid vinyl fence and trees
spaced at one tree per thirty-five (35) linear feet. Mr. Cullip has provided a letter stating his
support of the reduced landscape buffer.
The cross section proposed at the west property line includes:
• 6' solid vinyl fence.
• 8.5' landscaping with one tree per 35 linear feet.
• 22' secondary/ emergency access road.
• 5' landscaping adjacent to storage building.
• Storage buildings are 35.24 feet from the property line.
• The main storage buildings on the western boundary have a height limited to 12' with
no entrances/access facing west. The southern storage building between phase 1 and 2
has a small side of 20'6" high facing west.
In Conclusion, the proposed storage use is a lower intensity than typical C -G zoned
developments due to infrequent use patterns that are typical of storage facility clientele. The
storage building height is considerably shorter than the height allowed in the C -G zone.
The property owners adjacent to the portion of the property where the reduced buffer is
requested are in support of the reduced buffer and the project.
In areas of the reduced landscape buffer, the storage buildings on the west side of the property
are setback a minimum of 35' from the property line; 25' is required in the C -G zone. An access
road for emergency vehicles and secondary access to the storage facility is required and is
located within the 35' building setback. We believe with the 35' building setback, reduced
building height, interior orientation of the storage unit accesses, solid 6' high fence, and trees
every 35', the intent of the condition is being met and/or mitigated.
We are confident that with the specific design of the Franklin Storage, this high quality self -
storage facility will be an asset to the City of Meridian, providing a quality development plan
that complies with the City's comprehensive plan, zoning designation, and development
agreement. We respectfully request your consideration and approval of our application.
Sincerely,
JTa)ma/ra Thompson
Director of Client Services
AV
Site Planning • Landscape Architecture • Civil Engineering • Golf Course Irrigation & Engineering • Graphic Design • Surveying
462 E. Shore Drive, Suite 100 • Eagle, Idaho 83616 • P 208.939.4041 • F 208.939.4445 • www.thelandgroupinc.com
i v
ADA COUNTY RECORDER J. DAVID NAVARRO
801" IDAHO 04128108 12:3 PM
RECORDATION REQUESTED BY:
ZION$ FIRST NATIONAL BANK
BOISE19TH 8 MAIN OFFICE
890 MAIN STREET
BOISE, ID 83702
WHEN RECORDED MAIL TO:
Dons First National Bank
Loan Servicing Group - UT RDWG 0187
2460 South 3270 West
West Valley City, UT 84119
AMOUNT 39.00 93
DEPUTY Patti RECORDEDe REQUEST OF III IIIIIIIIII0804IIIIIIIIIII�II I III
4mitisnatioRTitle ant 108049643
&B -N & 93 4 SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY
•000000000000009001034004252008'
DEED OF TRUST
THIS DEED OF TRUST is dated April 25, 2008, among OSBORNE ENTERPRISES, LLC, AN IDAHO LIMITED
LIABILITY COMPANY ("Grantor"); ZIONS FIRST NATIONAL BANK, whose address is DOISE19TH R MAIN OFFICE,
890 MAIN STREET, BOISE, ID 83702 (referred to below sometimes as "Lender" and sometimes as "Beneficiary");
and TITLEONE CORPORATION, whose address is 1101 WEST RIVER STREET, SUITE 201, BOISE, ID 83702
(referred to below as "Trustee").
CONVEYANCE AND GRANT. For valuable consideration, Grantor does hereby Irrevocably grant, bargain, sell and convey in trust, with power of
sale, to Trustee for the benefit of Lender as Beneficiary, all of Grantor's right, title, and interest in and to the following described real property,
together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements. rights of way, and
appurtenances; all water, water rights and ditch rights (including stock In utilities with ditch or irrigation rights); and all other rights, royalties,
and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real
Property") located in ADA County, State of Idaho:
See EXHIBIT "A", which is attached to this Deed of Trust and made a part of this Deed of Trust as if fully set
forth herein.
The Real Property or its address is commonly known as 1975 EAST FRANKLIN ROAD, MERIDIAN, ID 83642
The Real Property tax identification number is S1117223053, S1117223113.
CROSS -COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest thereon, of
either Grantor or Borrower to Lender, or any one or more of them, as well as all claims by Lender against Borrower and Grantor or any one or
more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or
otherwise. whether due or not due. direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether
Borrower or Grantor may be liable individually or jointly with others, whether obligated as guarantor, surely, accommodation parry or otherwise,
and whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to
repay such amounts may be or hereafter may become otherwise unenforceable.
Grantor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Grantor's right, title, and interest in and to all present
and future leases of the Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security
interest in the Personal Property and Rents.
THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY,
IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THIS DEED
OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
GRANTOR'S REPRESENTATIONS AND WARRANTIES. Grantor warrants that (a) this Deed of Trust is executed at Borrowers request and not
at the request of Lender; (b) Grantor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the Property;
(c) the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or other instrument binding upon Grantor
and do not result in a violation of any law, regulation, court decree or order applicable to Grantor; (d) Grantor has established adequate means
of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e) Lender has made no representation
to Grantor about Borrower (including without limitation the creditworthiness of Borrower).
GRANTOR'S WAIVERS. Grantor waives all rights or defenses arising by reason of any "one action" or "anti -deficiency" law, or any other law
which may prevent Lender from bringing any action against Grantor, including a claim for deficiency to the extent Lender is otherwise entitled to
a claim for deficiency, before or after Lenders commencement or completion of any foreclosure action, either judicially or by exercise of a
power of sale.
PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower and Grantor shall pay to Lender all Indebtedness
secured by this Deed of Trust as it becomes due, and Borrower and Grantor shall strictly perform all their respective obligations under the Note,
this Deed of Trust, and the Related Documents.
913
DEED OF TRUST
Loan No: 9001 (Continued) Page 2
POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Grantor agree that Borrower's and Grantor's possession and use of the
Property shall be governed by the following provisions:
Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain in possession and control of the Property; (2)
use, operate or manage the Property; and (3) collect the Rents from the Property. The following provisions relate to the use of the
Property or to other limitations on the Property. THE REAL PROPERTY EITHER IS NOT MORE THAN FORTY (40) ACRES IN AREA OR IS
LOCATED WITHIN AN INCORPORATED CITY OR VILLAGE.
Dirty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and
maintenance necessary to preserve its value.
Compliance With Environmental Laws. Grantor represents and warrants to Lender that: (1) During the period of Grantor's ownership of
the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous
Substance by any person on, under, about or from the Property; (2) Grantor has no knowledge of, or reason to believe that there has
been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws,
(b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under,.
about or from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any
kind by any person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither
Grantor nor any tenant, contractor, agent or other authorized user of the Property shall use, generale, manufacture, store, treat, dispose of
or release any Hazardous Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance
with all applicable federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Grantor
authorizes Lender and its agents to enter upon the Property, to make such inspections and tests, at Grantor's expense, as Lender may deem
appropriate to determine compliance of the Property with this section of the Deed of Trust. Any inspections or tests made by Lender shall
be for Lender's purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Grantor or to any
other person. The representations and warranties contained herein are based on Grantor's due diligence in investigating the Property for
Hazardous Substances. Grantor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the
event Grantor becomes liable for cleanup or other costs under any such laws; and (2) agrees to indemnify, defend, and hold harmless
Lender against any and all claims, losses, liabilities, damages, penalties. and expenses which Lender may directly or Indirectly sustain or
suffer resulting from a breach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage,
disposal, release or threatened release occurring prior to Grantor's ownership or interest in the Property, whether or not the same was or
should have been known to Grantor. The provisions of this section of the Deed of Trust, including the obligation to indemnify and defend,
shall survive the payment of the. Indebtedness and the satisfaction and reconveyance of the lien of this Deed of Trust and shall not be
affected by Lenders acquisition of any interest in the Property, whether by foreclosure or otherwise.
Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to
the Property or any portion of the Properly. Without limiting the generality of the foregoing, Grantor will not remove, or grant to any other
party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rack products without Lender's prior
written consent.
Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without Lender's prior written
consent. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to
replace such Improvements with Improvements of at least equal value.
Lenders Right to Enter. Lender and Lander's agents and representatives may enter upon the Real Property at all reasonable times to attend
to Lenders interests and to inspect the Real Property for purposes of Grantor's compliance with the terms and conditions of this Deed of
Trust.
Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter
in effect, of all governmental authorities applicable to the use or occupancy of the Property, including without limitation, the Americans
With Disabilities Act. Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any
proceeding, including appropriate appeals, so long as Grantor has notified Lender in writing prior to doing so and so long as, in Lender's
sole opinion, Lenders interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond,
reasonably satisfactory to Lender, to protect Lenders interest.
Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other acts, in addition to those
acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the
Property.
DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums secured by this Deed of
Trust upon the sale or transfer, without Lenders prior written consent, of all or any part of the Real Property, or any interest in the Real
Property. A "sale or transfer' means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal, beneficial
or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for deed,
leasehold interest with a term greater than three (3) years, lease -option contract, or by sale, assignment, or transfer of any beneficial interest in
or to any land trust holding fide to the Real Property, or by any other method of conveyance of an interest in the Real Property. If any Grantor is
a corporation, partnership or IimitGd liability company, transfer also includes any change in ownership of more than twenty-five percent (25%) of
the voting stock, partnership interests or limited liability company interests, as the case may be; of such Grantor. However, this option shall not
be exercised by Lender if such exercise is prohibited by federal law or by Idaho law.
TAXES AND LIENS. The following provisions relatingto the taxes and liens on the Property are part of this Deed of Trust:
Payment. Grantor shall pay when due (and in all events prior to delinquency) all taxes, special taxes, assessments, charges (including
water and sewer), fines and impositions levied against or on account of the Property, and shall pay when due all claims for work done on or
for services rendered or material furnished to the Property. Grantor shall maintain the Property free of all liens having priority over or equal
to the interest of Lender under this Deed of Trust, except for the lien of taxes and assessments not due and except as otherwise provided
In this Deed of Trust.
Right to Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the
obligation to pay, so long as Lenders interest in the Property is not jeopardized. If a lien arises or Is filed as a result of nonpayment,
Grantor shall within fifteen (15) days after the lien arises or, if a lien is filed, within fifteen (15) days after Grantor has notice of the filing,
secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security
DEED OF TRUST
Loan No: 9001 (Continued) Page 3
satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and reasonable attorneys' fees, or other charges that
could accrue as a result of a foreclosure or sale under the lien. In any contest, Grantor shall defend itself and Lender and shall satisfy any
adverse judgment before enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety bond
furnished In the contest proceedings.
Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall
authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against
the Property.
Notice of Construction. Grantor shall notify Lender at least fifteen (15) days before any work Is commenced, any services are furnished, or
any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on account of the
work, services, or materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor
can and will pay the cost of such improvements.
PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of Trust.
Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on
a fair value basis for the full insurable value covering all Improvements on the Real Property In an amount sufficient to avoid application of
any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Grantor shall also procure and maintain comprehensive
general liability insurance In such coverage amounts as Lender may request with Trustee and Lender being named as additional Insureds in
such liability insurance policies. Additionally, Grantor shall maintain such other insurance, including but not limited to hazard, business
Interruption, and boiler insurance, as Lender may reasonably require. Policies shall be written in form, amounts, coverages and basis
reasonably acceptable to Lender and issued by a company or companies reasonably acceptable to Lentler. Grantor, upon request of Lender,
will deliver to Lender from time to time the policies or certificates of insurance in form satisfactory to Lender, including stipulations that
coverages will not be cancelled or diminished without at least ten (10) days prior written notice to Lender. Each insurance policy also shall
include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or default of
Grantor or any other person. Should the Real Property be located in an area designated by the Director of the Federal Emergency
Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, if available, within 45
days after notice is given by Lender that the Property is located in a special good hazard area, for the full unpaid principal balance of the
loan and any prior liens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program,
or as otherwise required by Lender, and to maintain such insurance for the term of the loan.
Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss if
Grantor fails to do so within fifteen (15) days of the casualty. Whether or not Lenders security is impaired, Lender may, at Lenders
election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien
affecting the Property, or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair, Grantor
shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of
such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor is not in default
under this Deed of Trust. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not
committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Deed of Trust, then
to pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the Indebtedness. If Lender holds any
proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Grantor as Grantors Interests may appear.
Grantors Report on Insurance. Upon request of Lender, however not more than once a year, Grantor shall furnish to Lender a report on
each existing policy of insurance showing: (1) the name of the insurer; (2) the risks insured; (3) the amount of the policy; (4) the
property insured. the then current replacement value of such property, and the manner of determining that value; and (5) the expiration
date of the policy. Grantor shall, upon request of Lender, have an independent appraiser satisfactory to Lender determine the cash value
replacement cost of the Property.
LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lentler s interest in the Property or if Grantor
fails to comply with any provision of this Deed of Trust or any Related Documents, including but not limited to Grantors failure to discharge or
pay when due any amounts Grantor Is required to discharge or pay under this Dead of Trust or any Related Documents, Lender on Grantor's
behalf may (but shall not be obligated to) take any action that Lender deems appropriate, including but not limited to discharging or paying all
taxes, liens. security interests, encumbrances and other claims. at any time levied or placed on the Property and paying all costs for insuring,
maintaining and preserving the Property. All such expenditures incurred or paid by Lender for such purposes will then bear interest at the rale
charged under the Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of
the Indebtedness and, at Lenders option, will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among
and be payable with any installment payments to become due during either (1) the term of any applicable insurance policy;. or (2) the
remaining term of the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. The Deed of Trust
also will secure payment of these amounts. Such right shall be in addition to all other rights and remedies to which Lender may be entitled upon
Default.
WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed of Trust
Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property in fee simple, free and clear of all liens
and encumbrances other than those set forth in the Real Property description or in any title Insurance policy, title report, or final title opinion
issued in favor of, and accepted by. Lender in connection with this Deed of Trust, and (b) Grantor has the full right, power, and authority
to execute and deliver this Dead of Trust to Lender.
Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against
the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of
Trustee or Lender under this Deed of Trust; Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in
such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of
Lenders own choice, and Grantor will deliver, or cause to be delivered. to Lender such instruments as Lender may request from lime to
time to permit such participation.
Compliance With Laws. Grantor warrants that the Property and Grantors use of the Property complies with all existing applicable laws,
ordinances, and regulations of governmental authorities.
Survival of Representations and Warranties. All representations, warranties, and agreements made by Grantor in this Deed of Trust shall
DEED OF TRUST
Loan No: 9001 (Continued) Page 4
survive the execution and delivery of this Dead of Trust, shall be continuing in nature, and shall remain in full force and effect until such
time as Borrower's Indebtedness shall be paid in full.
CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Dead of Trust:
Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing, and Grantor shall promptly lake
such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding. but
Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Grantor
will deliver or cause to be delivered to Lender such Instruments and documentation as may be requested by Lender from time to time to
permit such participation.
Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or
purchase in lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds of the award be applied to
the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all
reasonable costs, expenses, and attorneys' fees incurred by Trustee or Lender in connection with the condemnation.
IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes,
fees and charges are a part of this Deed of Trust:
Current Taxes, Fees and Charges. Upon request by Lender. Grantor shall execute such documents in addition to this Deed of Trust and
take whatever other action is requested by Lender to perfect and continue Lenders lien on the Real Property. Grantor shall reimburse
Lender for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Deed of Trust,
including without limitation all taxes. fees, documentary stamps, and other charges for recording or registering this Deed of Trust.
Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Deed of Trust or upon all or
any part of the Indebtedness secured by this Deed of Trust; (2) a specific tax on Borrower which Borrower is authorized or required to
deduct from payments on the Indebtedness secured by this type of Deed of Trust: (3) a tax on this type of Dead of Trust chargeable
against the Lender or the holder of the Note: and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal
and Interest made by Borrower.
Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the dale of this Deed of Trust, this event shall have
the same effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as provided
below unless Grantor either (1) pays the lax before it becomes delinquent, or (2) contests the tax as provided above in the Taxes and
Liens section and deposits with Lender cash or a sufficient corporate surely hand or other security satisfactory to Lender.
SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security agreement are a part
of this Deed of Trust:
Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and.
Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time.
Security Interest, Upon request by Lender, Grantor shall take whatever action is requested by Lender to perfect and continue Lender's
security interest in the Rents and Personal Property. In addition to recording this Deed of Trust in the real property records, Lender may, at
any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this Deed of Trust as a
financing statement- Grantor shall reimburse Lender for all expenses incurred In perfecting or continuing this security interest. Upon
default, Grantor shall not remove, sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble any
Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Grantor and Lender and make it available
to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable law.
Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party) from which information concerning the security interest
granted by this Deed of Trust may be obtained (each as required by the Uniform Commercial Code) are as stated on the first page of this
Deed of Trust.
FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and attorney-in-fact are a part of this
Deed of Trust:
Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, or will cause to
be made, executed or delivered, to Lender or to Lenders designee, and when requested by Lender, cause to be riled, recorded, refiled. or
rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such mortgages,
deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance,
certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect,
continue, or preserve (1) Borrowers and Grantors obligations under the Note, this Deed of Trust, and the Related Documents, and (2)
the liens and security interests created by this Deed of Trust as first and prior liens on the Property, whether now owned or hereafter
acquired by Grantor. Unless prohibited by law or Lender agrees to the contrary in writing, Grantor shall reimburse Lender for all costs and
expenses incurred in connection with the matters referred to in this paragraph.
AHorneydn-Fact. If Grantor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of
Grantor and at Grantors expense. For such purposes, Grantor hereby irrevocably appoints Lender as Grantors aftorney-in-fact for the
purpose of making, executing, delivering,. filing, recording, and doing all other things as may be necessary or desirable, in Lenders sole
opinion, to accomplish the matters referred to in the preceding paragraph.
FULL PERFORMANCE. If Borrower and Grantor pay all the Indebtedness when due, and Grantor otherwise performs all the obligations imposed
upon Grantor under this Dead of Trust. Lender shall execute and deliver to Trustee a request for full reconveyance and shall execute and deliver
to Grantor suitable statements of termination of any financing statement on file evidencing Lenders security Interest in the Rents and the
Personal Property. Any reconveyance fee required by law shall be paid by Grantor, if permitted by applicable law.
EVENTS OF DEFAULT. Each of the following, at Lenders option, shall constitute an Event of Default under this Deed of Trust:
Payment Default. Borrower fails to make any payment when due under the Indebtedness.
Other Defaults. Borrower or Grantor fails to comply with or to perform any other term, obligation, covenant or condition contained in this
Deed of Trust or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in
any other agreement between Lender and Borrower or Grantor.
DEED OF TRUST
Loan No: 9001 (Continued) Page 5
Compliance Default. Failure to comply with any other tens, obligation, covenant or condition contained in this Deed of Trust, the Note or in
any of the Related Documents.
Default on Other Payments. Failure of Grantor within the time required by this Deed of Trust to make any payment for taxes or insurance,
or any other payment necessary to prevent filing of or to effect discharge of any lien.
Default In Favor of Third Parties. Should Borrower or any Grantor default under any loan, extension of credit, security agreement, purchase
or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Grantor's property or
Borrower's or any Grantor's ability to repay the Indebtedness or perform their respective obligations under this Deed of Trust or any of the
Related Documents.
False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or Grantor or on Borrower's or
Grantor's behalf under this Deed of Trust or the Related Documents is false or misleading in any material respect, either now or at the time
made or furnished or becomes false or misleading at any time thereafter.
Defective Collateralization. This Deed of Trust or any of the Related Documents ceases to be in full force and effect (including failure of
any collateral document to create a valid and perfected security interest or lien) at any time and for any reason.
Death or Insolvency. The dissolution of Grantor's (regardless of whether election to continue is made), any member withdraws from the
limited liability company, or any other termination of Borrower's or Grantors existence as a going business or the death of any member, the
insolvency of Borrower or Grantor, the appointment of a receiver for any part of Borrowers or Grantors property, any assignment for the
benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or
against Borrower or Grantor.
Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help,
repossession or any other method, by any creditor of Borrower or Grantor or by any governmental agency against any property securing the
Indebtedness. This includes a garnishment of any of Borrowers or Grantors accounts, including deposit accounts, with Lender. However,
this Event of Default shall not apply if them is a good faith dispute by Borrower or Grantor as to the validity or reasonableness of the claim
which is the basis of the creditor or forfeiture proceeding and if Borrower or Grantor gives Lender written notice of the creditor or forfeiture
proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender,
in its sole discretion, as being an adequate reserve or bond for the dispute.
Breach of Other Agreement Any breach by Borrower or Grantor under the terms of any other agreement between Borrower or Grantor and
Lender that is not remedied within any grace period provided therein, including without limitation any agreement concerning any
indebtedness or other obligation of Borrower or Grantor to Lender, whether existing now or later.
Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any
Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness.
Adverse Change. A material adverse change occurs in Borrower's or Grantors financial condition, or Lender believes the prospect of
payment or performance of the Indebtedness is impaired.
Insecurity. Lender in good faith believes itself insecure.
Right to Cure. If any default, other than a default in payment is curable and if Grantor has not been given a notice of a breach of the same
provision of this Deed of Trust within the preceding twelve (12) months, it may be cured if Grantor, after receiving written notice from
Lender demanding cure of such default: (1) cures the default within fifteen (15) days; or (2) if the cure requires more than fifteen (15)
days, immediately initiates steps which Lender deems in Lenders sole discretion to be sufficient to cure the default and thereafter
continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical.
RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at any time thereafter, Trustee or Lender may
exercise any one or more of the following rights and remedies:
Notice of Default. In the Event of Default Lender shall execute or rause the Trustee to execute a written notice of such default and of
Lenders election to rause the Property to be sold to satisfy the Indebtedness, and shall cause such notice to be recorded in the office of
the recorder of each county wherein the Real Property, or any part thereof, is situated.
Election of Remedios. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make
expenditures or to lake action to perform an obligation of Grantor under this Deed of Trust, after Grantors failure to perform, shall not
affect Lenders right to declare a default and exercise Its remedies.
Accelerate Indebtedness. Lender shall have the right at its option without notice to Borrower or Grantor to declare the entire Indebtedness
immediately due and payable, including any prepayment penalty which Borrower would be required to pay.
Foreclosure. With respect to all or any part of the Real Property, the Trustee shall have the right to foreclose by notice and sale, and
Lender shall have the right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by
applicable law.
UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party
under the Uniform Commercial Code.
Collect Rents. Lender shall have the right, without notice to Borrower or Grantor to take possession of and manage the Property and
collect the Rents. including amounts past due and unpaid, and apply the net proceeds. over and above Lenders costs, against the
Indebtedness. In furtherance of this right, Lender may requireany tenant or other user of the Property to make payments of rent or use
fees directly to Lender. If the Rents are collected by Lender. then Grantor irrevocably designates Lender as Grantors attorney -In -fact to
endorse Instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by
tenants or other users to Lender in response to Lenders demand shall satisfy the obligations for which the payments are made, whether or
not any proper grounds for the demand existed. Lender may exercise Its rights under this subparagraph either In person, by agent, or
through a receiver.
Appoint Receiver. Lender shall have the right to have a receiver appointed to lake possession of all or any part of the Property, with the
power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the
Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without
bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property
DEED OF TRUST
Loan No: 9001 (Continued) Page 6
exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver.
Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided above or Lender otherwise
becomes entitled to possession of the Property upon default of Borrower or Grantor, Grantor shall become a tenant at sufferance of Lender
or the purchaser of the Property and shall, at Lender's option, either (1) pay a reasonable rental for the use of the Property, or (2) vacate
the Property immediately upon the demand of Lender.
Other Remedies. Trustee or Lender shall have any other right or remedy provided in this Deed of Trust or the Note or available at law or in
equity.
Notice of Sale. Lender shall give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the lime
after which any private sale or other intended disposition of the Personal Property is to be made. Reasonable notice shall mean notice
given at least ten (10) days before the time of the sale or disposition. Any sale of the Personal Property may be made In conjunction with
any sale of the Real Property.
Sale of the Property. To the extent permitted by applicable law, Borrower and Grantor hereby waives any and all rights to have the
Property marshalled. In exercising its rights and remedies, the Trustee or Lender shall be free to sell all or any part of the Property together
or separately, in one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property -
Notice of sale having been given as then required by law, and not less than the time required by law having elapsed, Trustee, without
demand on Grantor, shall sell the property at the time and place fixed by it in the notice of sale at public auction to the highest bidder for
cash in lawful money of the United Slates, payable at time of sale. Trustee shall deliver to the purchaser his or her deed conveying the
Property so sold, but without any covenant or warranty express or implied. The recitals in such deed of any matters or facts shall be
conclusive proof of the truthfulness of such matters or facts. After deducting all costs, fees and expenses of Trustee and of this Trust,
Including cost of evidence of title and reasonable attorneys' fees, including those in connection with the sale, Trustee shall apply proceeds
of sale to payment of (a) all sums expended under this Deed of Trust, not then repaid with Interest thereon as provided in this Deed of
Trust; (b) all Indebtedness secured hereby; and (c) the remainder, if any, to the person or persons legally entitled thereto.
Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of Trust, Lender shall be entitled
to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action
Is Involved. and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any
time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall
bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation,
however subject to any limits under applicable law, Lender's reasonable attorneys' fees and Lender's legal expenses whether or not there is
a lawsuit, including reasonable attorneys' fees and expenses for bankruptcy proceedings (Including efforts to modify or vacate any
automatic stay or injunction), appeals, and any anticipated post -judgment collection services, the cost of searching records, obtaining title
reports (including foreclosure reports), surveyors' reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent
permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by law.
Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this section.
POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are part of this Deed of
Trust:
Powers of Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee shall have the power to take the following
actions with respect to the Property upon the written request of Lender and Grantor: (a) join in preparing and filing a map or plat of the
Real Property, including the dedication of streets or other rights to the public; (b) Join in granting any easement or creating any restriction
on the Real Property; and (c) join in any subordination or other agreement affecting this Deed of Trust or the Interest of Lender under this
Deed of Trust.
Obligations to Notify. Trustee shall not be obligated to notify any other party of a pending sale under any other trust deed or Ilan, or of any
action or proceeding in which Grantor. Lender, or Trustee shall be a party, unless the action or proceeding is brought by Trustee.
Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights and remedies set forth
above, with respect to all or any part of the Property, the Trustee shall have the right to foreclose by notice and sale, and Lender shall have
the right to foreclose byjudicial foreclosure, in either case in accordance with and to the full extent provided by applicable law.
Successor Trustee. Lender, at Lenders option, may from time to time appoint a successor Trustee to any Trustee appointed under this
Deed of Trust by an Instrument executed and acknowledged by Lender and recorded in the office of the recorder of ADA County, State of
Idaho. The instrument shall contain, in addition to all other matters required by state law, the names of the original Lender, Trustee, and
Grantor, the bock and page where this Deed of Trust is recorded, and the name and address of the successor trustee, and the Instrument
shall be executed and acknowledged by Lender or its successors in interest. The successor trustee, without conveyance of the Property,
shall succeed to all the title, power, and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for
substitution of Trustee shall govern to the exclusion of all other provisions for substitution.
NOTICES. Any notice required to be given under this Deed of Trust, including without limitation any notice of default and any notice of sale
shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimlie (unless otherwise required by
law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class,
certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. All copies of notices of
foreclosure from the holder of any lien which has priority over this Deed of Trust shall be sent to Lenders address, as shown near the beginning
of this Dead of Trust. Any party may change its address for notices under this Deed of Trust by giving formal written notice to the other
parties, specifying that the purpose of the notice is to change the parry's address. For notice purposes. Grantor agrees to keep Lender Informed
at all times of Grantor's current address. Unless otherwise provided or required by law, if there is more than one Grantor. any notice given by
Lender to any Grantor is deemed to be notice given to all Grantors.
MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire understanding and agreement of the parties
as to the matters set forth in this Deed of Trust. No alteration of or amendment to this Deed of Trust shall be effective unless given in
writing and signed by the party or parties sought to be charged or bound by the alteration or amendment.
Annual Reports. If the Property is used for purposes other than Grantors residence, Grantor shall furnish to Lender, upon request, a
certified statement of net operating income received from the Property during Grantors previous fiscal year In such form and detail as
DEED OF TRUST
Loan No: 9001 (Continued) Page 7
Lender shall require. "Net operating income" shall mean all rash receipts from the Property less all cash expenditures made in connection
with the operation of the Property.
Arbitration Disclosures.
1. ARBITRATION IS FINAL AND BINDING ON THE PARTIES AND SUBJECT TO ONLY VERY LIMITED REVIEW BY A COURT.
2. IN ARBITRATION THE PARTIES ARE WAIVING THEIR RIGHT TO LITIGATE IN COURT, INCLUDING THEIR RIGHT TO A. JURY TRIAL.
3. DISCOVERY IN ARBITRATION IS MORE LIMITED THAN DISCOVERY IN COURT.
4. ARBITRATORS ARE NOT REQUIRED TO INCLUDE FACTUAL FINDINGS OR LEGAL REASONING IN THEIR AWARDS. THE RIGHT TC
APPEAL OR SEEK MODIFICATION OF ARBITRATORS' RULINGS IS VERY LIMITED.
5. A PANEL OF ARBITRATORS MIGHT INCLUDE AN ARBITRATOR WHO IS OR WAS AFFILIATED WITH THE BANKING INDUSTRY.
6. ARBITRATION WILL APPLY TO ALL DISPUTES BETWEEN THE PARTIES, NOT JUST THOSE CONCERNING THE AGREEMENT.
7- IF YOU HAVE QUESTIONS ABOUT ARBITRATION, CONSULT YOUR ATTORNEY OR THE AMERICAN ARBITRATION ASSOCIATION.
(a) Any claim or controversy ("Dispute") between or among the parties and their employees, agents, affiliates, and assigns, including, but
not limited to, Disputes arising outof or relating to this agreement, this arbitration provision ("arbitration clause"). or any related
agreements or instruments relating hereto or delivered in connection herewith ("Related Agreements"), and including, but not limitedto, a
Dispute based on or arising from an alleged tort, shall at the request of any party be resolved by binding arbitration in accordance with the
applicable arbitration rules of the American Arbitration Association (the "Administrator"). The provisions of this arbitration clause shall
survive any termination, amendment, or expiration of this agreement or Related Agreements. The provisions of this arbitration clause shall
supersede any prior arbitration agreement between or among the parties.
(b) The arbitration proceedings shall be conducted in a city mutually agreed by the parties. Absent such an agreement, arbitration will be
conducted in Boise, Idaho or such other place as may be determined by the Administrator. The Administrator and the arbilrator(s) shall
have the authority to the extent practicable to take any action to require the arbitration proceeding to be completed and the arbitrator(sy
award issued within 150 days of the filing of the Dispute with the Administrator. The arbitrator(s) shall have the authority to impose
sanctions on any party that fails to comply with time periods imposed by the Administrator or the arbitmtor(s), including the sanction of
summarily dismissing any Dispute or defense with prejudice. The arbitrator(s) shall have the authority to resolve any Dispute regarding the
terms of this agreement. this arbitration clause. or Related Agreements, Including any claim or controversy regarding the arbitrability of any
Dispute. All limitations periods applicable to any Dispute or defense, whether by statute or agreement. shall apply to any arbitration
proceeding hereunder and the arbitrator(s) shall have the authority to decide whether any Dispute or defense is barred by a limitations
period and, if so, to summarily enter an award dismissing any Dispute or defense on that basis. The doctrines of compulsory counterclaim,
res judicata, and collateral estoppel shall apply to any arbitration proceeding hereunder so that a party must state as a counterclaim in the
arbitration proceeding any claim or controversy which arises out of the transaction or occurrence that is the subject matter of the Dispute.
The arbitrator(s) may in the arbitrator(s)' discretion and at the request of any party: (1) consolidate in a single arbitration proceeding any
other claim arising out of the same transaction involving another party to that transaction that is bound by an arbitration clause with
Lender, such as borrowers, guarantors, sureties, and owners of collateral; and (2) consolidate or administer multiple arbitration claims or
controversies as a class action in accordance with Rule 23 of the Federal Rules of Civil Procedure.
(c) The arbitrator(s) shall be selected in accordance with the rules of the Administrator from panels maintained by the Administrator. A
single arbitrator shall have expertise in the subject matter of the Dispute. Where three arbitrators conduct an arbitration proceeding, the
Dispute shall be decided by a majority vote of the three arbitrators, at least one of whom must have expertise in the subject matter of the
Dispute and at least one of whom must be a practicing attorney. The arbitrator(s) shall award to the prevailing party recovery of all costs
and fees (Including attorneys' fees and costs, arbitration administration fees and costs, and arbitrator(sy fees). The arbitrator(s), either
during the pendency of the arbitration proceeding or as part of the arbitration award, also may grant provisional or ancillary remedies
including but not limited to an award of injunctive relief, foreclosure, sequestration, attachment, replevin, garnishment, or the appointment
of a receiver.
(d) Judgement upon an arbitration award may be entered in any court having jurisdiction, subject to the following limitation: the arbitration
award is binding upon the parties only if the amount does not exceed Four Million Dollars ($4,000,000.00); if the award exceeds that limit,
either party may demand the right to a won trial. Such a demand must be filed with the Administrator within thirty (30) days following the
date of the arbitration award; if such a demand is not made with that time period, the amount of the arbitration award shall be binding.
The computation of the total amount of an arbitration award shall Include amounts awarded for .attorneys' fees and costs, arbitration
administration fees and costs, and arbilrator(s)' fees.
(e) No provision of this arbitration clause, nor the exercise of any rights hereunder, shall limit the right of any party to: (1) judicially or
non -judicially foreclose against any real or personal property collateral or other security; (2) exercise self-help remedies, including but not
limited to repossession and setoff rights: or (3) obtain from a court having jurisdiction thereover any provisional or ancillary remedies
including but not limited to Injunctive relief, foreclosure, sequestration, attachment, replevin, garnishment, or the appointment of a receiver.
Such rights can be exercised at any time, before or after initiation of an arbitration proceeding, except to the extent such action is contrary
to the arbitration award. The exercise of such rights shall not constitute a waiver of the right to submit any Dispute to arbitration, and any
claim or controversy related to the exercise of such rights shall be a Dispute to be resolved under the provisions of this arbitration clause.
Any party may initiate arbitration with the Administrator. If any party desires to arbitrate a Dispute asserted against such party In a
complaint, counterclaim, cross-claim, or third -party complaint thereto, or in an answer or other reply to any such pleading, such party must
make an appropriate motion to the trial court seeking to compel arbitration, which motion must be filed with the court within 45 days of
service of the pleading, or amendment thereto, setting forth such Dispute. If arbitration is compelled after commencement of litigation of a
Dispute, the party obtaining an order compelling arbitration shall commence arbitration and pay the Administrator's filing fees and costs
within 45 days of entry of such order. Failure to do so shall constitute an agreement to proceed with litigation and waiver of the right to
arbitrate. In any arbitration commenced by a consumer regarding a consumer Dispute, Lender shall pay one half of the Administrator's
filing fee, up to $250.
(f) Notwithstanding the applicability of any other law to this agreement, the arbitration clause, or Related Agreements between or among
the parties, the Federal Arbitration Act, 9 U.S.C. Section 1 at seq., shall apply to the construction and interpretation of this arbitration
clause. If any provision of this arbitration clause should be determined to be unenforceable, all other provisions of this arbitration clause
shall remain in full force and effect.
Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to interpret or define
the provisions of this Deed of Trust.
Merger. There shall be no merger of the interest or estate created by this Deed of Trust with any other interest or estate in the Property at
DEED OF TRUST
Loan No: 9001 (Continued) Page 8
any time held by or for the benefit of Lender in any capacity, without the written consent of Lender
Governing Law. This Dead of Trust will be governed by federal law applicable to Lender and, to the extent not preempted by federal law,
the laws of the State of Idaho without regard to Its conflicts of law provisions. This Deed of Trust has been accepted by Lender in the
State of Idaho.
Choice of Venue. If there is a lawsuit, Grantor agrees upon Lender's request to submit to the jurisdiction of the courts of ADA County,
Stale of Idaho.
Joint and Several Liability. All obligations of Borrower and Grantor under this Deed of Trust shall be joint and several, and all references to
Grantor shall mean each and every Grantor, and all references to Borrower shall mean each and every Borrower. This means that each
Grantor signing below is responsible for all obligations in this Deed of Trust. Where any one or more of the parties is a corporation,
partnership, limited liability company or similar entity, It Is not necessary for Lender to inquire into the powers of any of the officers,
directors, partners, members, or other agents acting or purporting to act on the entity's behalf, and any obligations made or created in
reliance upon the professed exercise of such powers shall be guaranteed under this Deed of Trust.
No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such waiver is given in writing
and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any
other right. A waiver by Lender of a provision of this Deed of Trust shall not prejudice or constitute a waiver of Lenders right otherwise to
demand strict compliance with that provision or any other provision of this Deed of Trust. No prior waiver by Lender, nor any course of
dealing between Lender and Grantor, shall constitute a waiver of any of Lenders rights or of any of Grantors obligations as to any future
transactions. Whenever the consent of Lender is required under this Deed of Trust, the granting of such consent by Lender in any instance
shall not constitute continuing consent to subsequent instances where such consent is required and In all cases such consent may be
granted or withheld in the sole discretion of Lender.
Severablllty. If a court of competent jurisdiction finds any provision of this Deed of Trust to be Illegal, invalid, or unenforceable as to any
circumstance, that finding shall not make the offending provision Illegal, invalid, or unenforceable as to any other circumstance. If feasible,
the offending provision shall be considered modified so that It becomes legal, valid and enforceable. If the offending provision cannot be so
modified, it shall be considered deleted from this Deed of Trust. Unless otherwise required by law, the illegality, invalidity, or
unenforceability of any provision of this Deed of Trust shall not affect the legality, validity or enforceability of any other provision of this
Dead of Trust -
Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Grantors interest, this Deed of Trust shall be
binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes vested in a person
other than Grantor, Lender, without notice to Grantor, may deal with Grantor's successors with reference to this Deed of Trust and the
Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this. Deed of Trust or liability under the
Indebtedness.
Time is of the Essence. Time is of the essence in the performance of this Deed of Trust.
Waiver of Homestead Exemption. Grantor hereby releases and waives all rights and benefits of the homestead exemption laws of the Stale
of Idaho as to all Indebtedness secured by this Dead of Trust.
DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Deed of Trust. Unless
specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words
and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terms not
otherwise defined in this Dead of Trust shall have the meanings attributed to such terms in the Uniform Commercial Code -
Beneficiary. The word "Beneficiary" means ZIONS FIRST NATIONAL BANK, and Its successors and assigns.
Borrower. The word "Borrower" means RONALD L. OSBORNE and includes all co-signers and co -makers signing the Note and all their
successors and assigns.
Deed of Trust, The words "Deed of Trust" mean this Deed of Trust among Grantor. Lender, and Trustee, and includes without limitation all
assignment and security interest provisions relating to the Personal Property and Rents.
Default. The word "Default" means the Default set forth in this Deed of Trust in the section piled "Default".
Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances
relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, at seq. ("CERCLA"), the Supedund Amendments and
Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, at seq.,
the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, at seq., or other applicable state or federal laws, rules, or
regulations adopted pursuant thereto.
Event of Default.. The words "Event of Default" mean any of the events of default set forth in this Deed of Trust in the events of default
section of this Deed of Trust.
Grantor. The word "Grantor" means OSBORNE ENTERPRISES, LLC.
Guarantor. The word "Guarantor" means any guarantor, surety, or accommodation party of any or all of the Indebtedness.
Guaranty. The word "Guaranty" means the guaranty from Guarantor to Lender, including without limitation a guaranty of all or part of the
Note.
Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical,
chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when
improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous
Substances" are used in their very broadest sense and include without limitation any and all hazardous or toxic substances, materials or
waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also Includes. without limitation, petroleum
and petroleum by-products or any fraction thereof and asbestos.
Improvements. The word "Improvements" means all existing and future improvements, buildings. structures, mobile homes affixed on the
Real Property, facilities, additions, replacements and other construction an the Real Property.
,
DEED OF TRUST
Loan No: 9001 (Continued) Page 9
Indebtedness. The word "Indebtedness means and includes without limitation all Loans, together with all other obligations, debts and
liabilities of Borrower to Lender, or any one or more of them, as well as all claims by Lender against Borrower, or any one or more of them;
whether now or hereafter existing, voluntary or involuntary, due or not due, absolute or contingent, liquidated or unliquidated; whether
Borrower may be liable individually or jointly with others; whether Borrower may be obligated as a guarantor, surety, or otherwise; whether
recovery upon such indebtedness may be or hereafter may become barred by any statute of limitations; and whether such indebtedness
may be or hereafter may become otherwise unenforceable.
Lender. The word "Lender" means ZIONS FIRST NATIONAL BANK, Its successors and assigns.
Note. The word "Note" means the promissary note dated April 25, 2008, In the original principal amount Of $1,100,000.00
from Borrower to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions
for the promissory note or agreement.
Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter
owned by Grantor, and now or hereafter attached or affixed to the Real Properly; together with all accessions, parts, and additions to, all
replacements of, and all substitutions for, any of such property; and together with all proceeds (including without limitation all insurance
proceeds and refunds of premiums) from any sale or other disposition of the Property.
Property. The word "Property" means collectively the Real Property and the Personal Property.
Real Property, The words "Real Property mean the real property, interests and rights, as further described in this Deed of Trust.
Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental
agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments,
agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness.
Rents. The word 'Rents" means all present and future renis, revenues, income, Issues, royalties, profits, and other benefits derived from
the Property.
Trustee. The word "Trustee" means TITLEONE CORPORATION, whose address is 1101 WEST RIVER STREET, SUITE 201, BOISE, ID
83702 and any substitute or successor trustees.
GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND GRANTOR AGREES TO ITS TERMS.
GRANTOR:
OSBORNE ENTERPRISE LL
By: ,�
RONALD L. OSBORNE, Member of SBORNE
ENTERPRISES, LLC
LIMITED LIABILITY COMPANY
STATE OF I (`�`-'
,&
///�j
COUNTY OF / � d—a—,
LORRINE FEGGO
( NOTARY PUBLIC
J4 STATE OF IDAHO
On this day of ( J?r t, in the year 20 ,.��. before meLore, SLP_
, a notary public in and for the State of Idaho, personally appeared RONALD L. OSBORN ,Wa ber of
OSBORNE ENTERPRISES, LLC, known or identified to me (or proved to me on the oath of ), to be one
of the members or designated agents in the limited liability company of OSBORNE ENTERPRISES, LLC; and the member or designated agent or
one of the members or designateg agents who subscribed said limited liability company name to the foregoing instrument, and acknowledged to
me that he or she a ecuted the a in said limited liability company name. �p�
�-0 ,p, Residing at a.Ff)r 5D— I1�
Notary PublicforTdaho` 2�
My commission expires 0- 7' � 3
DEED OF TRUST
Loan No: 9001 (Continued) Page 10
REQUEST FOR FULL RECONVEYANCE
(To be used only when obligations have been paid in full)
To: . Trustee
The undersigned is the legal owner and holder of all Indebtedness secured by this Deed of Trust. All sums secured by this Deed of Trust have
been fully paid and satisfied. You are hereby directed, upon payment to you of any sums owing to you under the terms of this Dead of Trust or
pursuant to any applicable statute, to cancel the Note secured by this Deed of Trust (which is delivered to you together with this Deed of Trust),
and to reconvey, without warranty, to the parties designated by the terms of this Deed of Trust, the estate now held by you under this Deed of
Trust. Please mail the reconveyance and Related Documents to:
Date: Beneficiary:
By:
Its:
LASER PRO Lending, Ver. 539.00.108 Copr. Harland Financial Solutions, Inc. 1997, 2008. All Rights Reserved. - ID
C:1COMML\CFIILPLIG01.FC TR -82297 PR-ZSCL
EXHIBIT "A"
PROPERTY DESCRIPTION
Parcel 1
A parcel of land located in the E112, E112, Northwest 114, Section 17, Township 3 North, Range 1 East, Boise,
Meridian, Ada County, Idaho, more particularly described as follows;
Commencing at the Northwest corner Section 17, Township 3 North, Range 1 East, Boise Meridian, Idaho;
thence N 89°32'15" E along the north line of Northwest 1/4 Section 17, 1323.04 feet to the North 1/4 corner to
said Section 17 thence
S 00'02'52" E 40.00 feet to a point on the south right of way of Franklin Road, said point being the Northwest
corner of Greenhill Estates Subdivision, on record at the Ada County Recorders Office in Book 35 of Plats, at
Page 3000; thence
S 89°32'15" W along said south right of way of Franklin Road 164.50 feet to the REAL POINT OF BEGINNING of
this description; thence
S 89032'15" W along said south right of way 166.27 feet to a point on the E1/2 E1/2 Northwest 1/4 said Section
17; thence
S 00002'16" E along the west line of said E112 E1/2 Northwest 114 225.00 feet to a point; thence
N 89057'08" E 166.30 feet to a point; thence
N 00002'52" W 226.20 feet to the POINT OF BEGINNING of this description.
Except the following two parcels
A parcel located in the NW 1/4 of the NW 1/4 of Section 17, Township 3 North, Range 1 East, Boise Meridian,
Ada County, Idaho, as disclosed in Warranty Deed to Ada County Highway District, recorded February 24, 2004
as Instrument No. 104020375, more particularly described as follows:
Commencing at a brass cap monument marking the northwesterly corner of said NW 1/4 of the NW 1/4 from
which a brass cap monument marking the northeasterly corner of the NW 1/4 of said Section 17 bears
S 89056'51° E a distance of 2645.89 feet; thence
S 89056'51" E along the northerly boundary of said NW 114 of the NW 1/4 a distance of 992.19 feet to a point;
thence leaving said northerly boundary S 0028'28" W a distance of 40.00 feet to the POINT OF BEGINNING;
thence continuing
S 0°28'28" W a distance of 8.00 feet to a point; thence
S 89°56'51" E a distance of 130.78 feet to a point; thence
N 002745" E a distance of 8.00 feet to a point; thence
N 89°56'51" W a distance of 130.76 feet to the POINT OF BEGINNING.
AND
A parcel located in the NW 1/4 of the NW 1/4 of Section 17, Township 3 North, Range 1 East, Boise Meridian,
Ada County, Idaho, as disclosed in Warranty Deed to Ada County Highway District, recorded February 24, 2004
as Instrument No. 104020376 more particularly described as follows:
Commencing at a brass cap monument marking the northwesterly corner of said NW 1/4 of the NW 114 from
which a brass cap monument marking the northeasterly corner of the NW 1/4 of said Section 17 bears
EXHIBIT "A"
PROPERTY DESCRIPTION
(Continued)
S 89°56'51"E a distance of 2645.89 feet; thence
S 89°56'51" E along the northerly boundary of said NW 1/4 of the NW 1/4 a distance of 1122.66 feet to a point;
thence leaving said northerly boundary
S 0003'09" W a distance of 40.00 feet to the POINT OF BEGINNING; thence
S 0027'45" W a distance of 8.00 feet to a point; thence
S 89°56'51" E a distance of 200.00 feet to a point on the easterly boundary of said NW 114 of the NW 1/4; thence
N 0027'45" E along said easterly boundary a distance of 8.00 feet to a point; thence
leaving said easterly boundary
N 89056'51" W a distance of 200.00 feet to the POINT OF BEGINNING.
Parcel 2
A parcel of land located in the E1/2, E1/2, Northwest 1/4, Section 17, Township 3 North, Range 1 East, Boise,
Meridian, Ada County, Idaho, more particularly described as follows;
Commencing at the Northwest corner Section 17, Township 3 North, Range 1 East, Boise Meridian, Idaho;
thence N 89032'15" E along the north line of Northwest 114 Section 17, 1323.04 feet to the North 1/4 corner to
said Section 17 thence
S 00002'52" E 40.00 feet to a point on the south right of way of Franklin Road, said point being the Northwest
corner of Greenhill Estates Subdivision, on record at the Ada County Recorders Office in Book 35 of Plats, at
Page 3000, the REAL POINT OF BEGINNING of this description; thence
S 89°32'15" W along said south right of way of Franklin Road 164.50 feet to a point; thence
S 00002'52" E 226.20 feet to a point; thence
S 89057'08" W 166.30 feet to a point on the E1/2 E1/2 Northwest 114 said Section 17; thence
S 00002'16" E along the west line of said E1/2 E1/2 Northwest 1/41064.18 feet to a point on the north line of
Snorting Bull Subdivision, on record at the Ada County Recorders Office in Book 81 of Plats, at Pages 8764
through 8772; thence
N 89030'50" E along said north line 330.99 feet to the Southwest comer of said Greenhill Estates Subdivision;
thence
N 00°02'52" W along the west line of said Greenhill Estates Subdivision 1289.05 feet to the POINT OF
BEGINNING of this description.
Except the Following Parcel:
A parcel located in the NW 1/4 of the NW 1/4, of Section 17, Township 3 North, Range 1 East, Boise Meridian,
Ada County, Idaho, as disclosed in Warranty Deed to Ada County Highway District, recorded February 24, 2004
as Instrument No. 104020376 more particularly described as follows:
Commencing at a brass cap monument marking the northwesterly corner of said NW 1/4 of the NW 1/4 from
which a brass cap monument marking the northeasterly corner of the NW %. of said Section 17 bears
S 89056'51" E a distance of 2645.89 feet; thence
EXHIBIT "A"
PROPERTY DESCRIPTION
(Continued)
S 89056'51" E along the northerly boundary of said NW 1/4 of the NW 1/4 a distance of 1122.66 feet to a point;
thence leaving said northerly boundary
S 0003'09" W a distance of 40.00 feet to the POINT OF BEGINNING; thence
S 0°2745" W a distance of 8.00 feet to a point; thence
S 89°56'51" E a distance of 200.00 feet to a point on the easterly boundary of said NW 1/4 of the NW 1/4; thence
N 0°2745" E along said easterly boundary a distance of 8.00 feet to a point; thence
Leaving said easterly boundary
N 89°56'51" W a distance of 200.00 feet to the POINT OF BEGINNING.
(End of Exibit "A")
Exhibit W
Property De criptlan
(A0674693.1i'MA0674693R)
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April 15, 2015
Re: Franklin Storage CUP-001
Dear City of Meridian,
I am the property owner to the immediate west on Franklin Road of the proposed Franklin Storage. I am
in support of the project and am fine with the landscape planting design and setback to my property.
Sincerely,
Arnold Burr✓/
1885 E. Franklin Road
IWjP i
&'�'/ II
RM II
COMMITMENT OF PROPERTY POSTING
Per Unified Development Code (UDC) I1 -5A -5D, the applicant for all applications requiring a
public hearing (except for a UDC text amendment, a Comprehensive Plan text amendment
and/or vacations) shall post the subject property not less than ten (10) days prior to the hearing.
The applicant shall post a copy of the public hearing notice of the applieation(s) on the property
under consideration.
The applicant shall submit proof of property posting in the form of a notarized statement and a
photograph of the posting to the City no later than seven (7) days prior to the public hearing
attesting to where and when the sign(s) were posted. Unless such Certificate is received by the
required date, the hearing will be continued.
The sign(s) shall be removed no later than three (3) days after the end of the public hearing for
which the sign(s) had been posted.
I am aware of the above requirements and will comply with the posting requirements as stated in
UDC 11-5A-5.
4-1 �-7b�i
Alicant/ag nt signatur Date
Community Development • Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642
Phone: 208-884-5533 Fax: 208-888-6854 ovww. nwridimcite'.oreinlanning
Hearing Date: June 2, 2015
File No.: AP -15-002
Project Name: Franklin Mini Storage
Request: Request for City Council approval of a reduction in the buffer width required in the C -G
zoning district to residential uses as allowed by UDC 11 -3B -9C.2, by Osborne
Enterprises.
Location: The site is located at 1975 E. Franklin Road, in the NW % of Section 17, Township 3N.,
Range IE.