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Application Materials
JAN 2 8 2092!0 Dr."'�TI�CTr ect name: licant/� All applications are required to contain one copy of the following: Planning Division ■ Application Checklist Concurrent File #: Applicant Staff Description Completed and signed Development Review Application (If also submitting a concurrent application for Certificate of Zoning Compliance, design review will be processed along with that application. Therefore, a Development Review Application is not necessary in this case, just check the Design Review box on the Development Review Application and submit the information below) Completed Architectural Standards Compliance Checklist (Indicate compliance with all applicable standards to include Commercial, Traditional Neighborhood or Multifamily Districts, under Non-residential or Residential categories) Provide in a narrative letter, how the proposal addresses standards contained in the City of Meridian Architectural Standards Manual and the Unified Development Code (UDC): 1. Architectural Character: a. Cohesive Design b. Building Scale c. Building Form d. Architectural Elements e. Materials f. Signs and/or Lighting 2. Parking Lots 3. Pedestrian walkways and facilities A complete set of scaled plans including building elevations, with building materials, colors and textures, mechanical equipment, and site plans with landscaping. Reductions of the elevations (8 V2" x 11 ") and electronic copies in PDF format Fee All requests for design review approval must meet the procedures set forth in UDC 11-5 and the criteria set forth in the "City of Meridian Architectural Standards Manual ", as applicable. APPLICATIONS WILL NOT BE ACCEPTED, OR MAY BE RETURNED, IF ALL APPLICABLE ITEMS ON THE CHECKLIST ARE NOT SUBMITTED. Community Development ■Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancit ��org (Rev. 7/25/2017) (Lolooevi iect name: t/a ent6 IDIAN: ECEI JAN 2 8 gyp..___ CERTIFICA 20�0 Planning Division OF ZONING COMPLIANCE All applications are required to contain one copy of the following unless otherwise noted: Application Checklist File #: it ^ a� 0 Applicant Staff Description 01 Completed and signed Development Review Application Narrative fully describing the proposed use of the property, including the following: ➢ Information on any previous approvals or requirements for the requested use (i.e., applicable conditions of approval or Development Agreement) ' Recorded warranty deed for the subject property Affidavit of Legal Interest signed and notarized by the property owner (If owner is a corporation, submit a co of the Articles of Incorporation or other evidence to show that the person signingis an authorized agent). ` ' Scaled vicinity ma showing the location of the subject property Stamped site plan from Republic Services approving the details and location of the trash enclosure and access drive. Contact Richard Scott at rscott3 a,republicservices.com or by phone 208-685-7729 Civil Site/Dimension Plan — 1 fall size copy (folded to 8 V2" x 11" size) A photometric test report for any light fixture(s) with a maximum output of 1,800 lumens or more (see UDC 11-3A-11) Copy of the recorded plat the property lies within (8 %2" x 11") , Copy of address verification letter from Development Services. See attached request form Site Plan—*1 copy (folded to 8 V2." x 11" size) Plan must have a scale no smaller than I" = 50' (1 " = 20' is preferred) and be on a standard drawing sheet, not to exceed 36"x 48" (24"x 36" is preferred). A plan which cannot be drawn in its entirety on a single sheet must be drawn with appropriate match lines on two or more sheets The followingitems must be shown on the site plan: • Date, scale, dimensions, north arrow, and project name (scale not less than 1"=50') • Names, addresses, and telephone numbers of the developer and the person and/or firm preparing the plan f' • Parking stalls and drive aisles V • Location and detail of bicycle parking facilities ✓ • Trash and/or recycling enclosure(s) location • Detail of trash and/or recycling enclosure (must be screened on 3 sides) • Location and specifications for underground irrigation (Pressurized irrigation can only be waived if you rove no water rights exist to subject property) • Sidewalks or pathways (proposed and existing) • Location of proposed building on lot (include dimensions to property lines) Zi • Fencing (proposed and existing) 0 Calculations table including the following: ➢ Number of parking stalls required and provided (specify handicap and compact stalls) ➢ Number of bicycle stalls required and provided / ➢ Building size (sq. ft.) ➢ Lot size (sq. ft.) /f ➢ Setbacks ➢ Easement locations Reduction of the site plan (8 1/2" x 11 ") Landscape Plan — *I copy (folded to 8 V2" x 11" size) Plan must have a scale no smaller than 1 " = 50' (1 " = 20' is referred and be on a standard Community Development ■Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancitv.org_/planning (09/14/2018) -.I drawing sheet, not to exceed 36"x 48" (24"x 36" is preferred). A plan which cannot be drawn in its entirety on a single sheet must be drawn with appropriate match lines on two or more sheets The following items must be included on the landscapeplan: • Date, scale, dimensions, north arrow, and project name • Names, addresses, and telephone numbers of the developer and the person and/or firm preparing the plan • Stamp/signature of a landscape architect, landscape designer, or qualified nurseryman preparing the plan • Existing natural features such as canals, creeks, drains, ponds, wetlands, floodplains, high groundwater areas, and rock outcroppings • Location, size, and species of all existing trees on site with trunks 4 inches or greater in diameter, measured 6 inches above the ground. Indicate whether the tree will be retained or removed • A statement of how existing healthy trees proposed to be retained will be protected from damage during construction / • Existing and/or structures, planting areas, light poles, power poles, walls, fences, berms, parking and loading areas, vehicular drives, trash areas, sidewalks, pathways, fire hydrants, stormwater detention areas, signs, street furniture, and other man-made elements • Existing and proposed contours for all areas steeper than 20% slope. Berms shall be shown with one -foot contours • Sight Triangles as defined in 11-3A-3 of this ordinance • Location and labels for all proposed plants, including trees, shrubs, and groundcovers (trees must not be planted in City water or sewer easements or within five feet of fire hydrants). Scale shown for plant materials shall reflect approximate mature size ' • A plant list that shows the plant symbol, quantity, botanical name, common name, minimum planting size and container, tree class (I, II, or III), and comments (for spacing, staking, and installation as appropriate) • Calculations of project components to demonstrate compliance with the requirements of this ordinance, including: ➢ Width of street buffers, lineal feet of street frontage, and number of street trees ➢ Residential subdivision trees ➢ Acreage and percentage dedicated for common open space ➢ Acreage and percentage dedicated for qualified open space ➢ Number of trees provided on common lot(s) ➢ Mitigation for removal of existing trees • Planting and installation details as necessary to ensure conformance with all y ' required standards • Design drawing(s) of all fencing proposed for screening purposes. Include height and material Reduction of the landscape plan (8 V2" x 11") Building elevations showing construction materials — *I copy (folded to 8 lh" x I size) Reduction of the elevations (8 Vz" x 11 ") Electronic version of the site plan, landscape plan, and building elevations in pdf format submitted on a disk with the files named with project name and plan type (i.e. site plan, landscape plan, elevations, etc.). We encourage you to submit at least one color version 1' If applying for approval of a public school, provide additional information as required by the Public School Facility supplemental checklist per §67-6519 Fee (If this project had prior approval on a site plan, reduced fees may apply) For applications requiring a change of use or new construction we recommend you contact the Ada County Highway District at 208) 387-6170 to determine any fees or requirements For new public utility construction water, sewer, reclaimed water applicants are required to submit: (2) Sets of conceptual engineering plans including pipe sizes and profiles, in a format that complies with the specifications for project Drawings found at. www,merldiancity.org/public works/autocad standards/index.asp Community Development ■Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208488-6854 www.meridiancity.org/planning �aN z a ���� STAFF USE ONLY Project name: File number(s): t Assigned Planner: ,��- 4 1 D A F-# �:� 'mot 1�. Type of Review Requested (check all that a' ❑ Accessory Use (check only 1) ❑ Daycare ❑ Home Occupation ❑ Home Occupation/Instruction for 7 or more Administrative Design Review ❑ Alternative Compliance ❑annexation and Zoning � Certificate of Zoning Compliance ❑ City Council Review ❑ Comprehensive Plan Map Amendment ❑ Comprehensive Plan Text Amendment Conditional Use. Permit ❑ Conditional Use Modification (check only 1) ❑ Director ❑ Commission ❑ Development Agreement Modification ❑ Final Plat Applicant Information Applicant name: Adam GarCla Applicant address: 1307 N. 39th St. Suite 103 City: Applicant's interest in property: ❑Own ❑Rent Owner name: Owner address: City: Planning Division DEVEL(�'MENT REVIEW APPLICATION lated files: ❑ Final Plat Modification ❑ Landscape Plan Modification ❑ Preliminary Plat ❑ Private Street ❑ Property Boundary Adjustment ❑ Rezone ❑ Short Plat ❑ Time Extension (check only 1) ❑ Director ❑ Commission ❑ UDC Text Amendment ❑ Vacation (check only 1) ❑ Director ❑ Commission ❑ Variance ❑ Other Phone: 208.465.3419 Email:agarcia�hbarchitecture.com State:ldaho Zip:83687 ❑ Optioned Other Agent/Contact name (e.g., architect, engineer, developer, representative): Firm name Houston-Bugatsch Archi hartered. Email: State: Agent address: 1307 N. 39th St. Suite 103 Email Phone: Zip: Phone:208.465.3419 arcia�hbarchitecture.com city: Nampa State: Idaho zip: 83687 Primary contact is: ❑Applicant ❑Owner Agent/Contact Subject Property Information Location/street address: 311 O W. Quintale Dr. Township, range, section: Meridian, �D Assessor's parcel numbers) R 1079920510 Total acreage: 2.005 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 www.meridiancity.org/planning -1 Ren: (2/2/20182/7/2018) Project/subdivision name: Ten I�/Ille PIaZa General description of proposed project/request: RegUeSt t0 bUll Proposed zoning district(s): Zoned C-G Acres of each zone proposed: Zoned C-G Type of use proposed (check all that apply): multi -tenant building. ❑ Residential ❑Office Commercial Employment ❑Industrial Other ReStaUrant/f00d Who will own &maintain the pressurized irrigation system in this development? Which irrigation district does this property lie within? Settlers Irrigation District Primary irrigation source�reSSUrIZed Irrigatlon SyStemSecondary: Clty Square footage of landscaped areas to be 11-rlgated (if primary or secondary point of connection is City water): Residential Project Summary (if applicable) Number of residential units: Number of common lots: Number of building lots: Number of other lots: Proposed number of dwelling units (for multi -family developments only): 1 bedroom: 2-3 bedrooms: Minimum square footage of structure (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 11-1 A-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 dwellings) proposed: ❑ Duplex ❑ Multi -family ❑ Single-family Detached ❑ Vertically Integrated Non-residential Project Summary (if a Number of building lots: 1 ble) Common lots: ❑ Single-family Attached ❑ Other Other lots: Gross floor area proposed: 6,198 SF Existing (if applicable): Hours of operation (days and hours): Total number of parking spaces provided: XX Authorization Print applicant name: Adam G�arCla Applicant signature: ❑ Townhouse Building height: 25� - $�� Number of compact spaces provided: Date: 9-10-2019 Community Development ■Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fa,c: 208-888-6854 www.meridiancity.org/planning -2- Rev: (2/7/2018) DESIGN REVIEW CHECKLIST INON-RESIDENTIAL PRO]ECT INFORMATION Project Name: Ten Mile Strip Mall Applicant/Agent: Adam Garcia NON—RESIDENTIAL STANDARDS I COMMERCIAL DISTRICTS COHESIVE DESIGN, NON-RESIDENTIAL STANDARDS �CDS� If a "N" or "N/A" is checked, please explain in comments. Y N N/A ID # Description _.. l� Date: 5-22-2019 �, �i� i, �i ,� , Intent ; ; � ,. �; ,�, ,. ; ,:� . � �_..' 110 �_ ,� �_..J Goal 1.11 1.1C -.I I—) I� � 1.1D ___ , it �'... �'... 1.1E Goal 1.20 !� 1.2A Articulate building designs to frame and accentuate public spaces with pedestrian scale elements and details. Building design should address building scale, mass, form, and use a variety of materials and architectural features to ensure an aesthetic contribution compatible with surrounding buildings. Maintain consistent and contiguous pedestrian environments across developments. Limit circuitous connections and maintain clear visibility. Provide pedestrian connections to non -private public spaces Incorporate architectural features on all sides of a building facade facing: the primary entrances) of an adjacent building, public roadways, interior site amenities, and facades that are visible from public spaces. See Architectural Elements, Building Form, and Materials sections. Buildings must orient, frame, and/or direct pedestrian views to adjacent cultural buildings, parks, and plazas. Design and orient buildings not to impede access. The build- ing should enhance the appeal of open space and pedestrian environments Design building facades to express architectural character and incorporate the use of design principles to unify developments and �, �; buildings, and relate to adjacent and surrounding uses. Comply and adhere with all previously required building design elements that were included as part of a Development Agree- ment, Conditional Use Permit, and/or other requirements as part of prior approval. Page � 1 File # Comments Staff There is no adjacent non -private public space. There is no existing adjacent cultural buildings, parks or plazas to development. No prior application. Note: For a complete list of all Standards, along with photo examples, see the City of Meridian Architectural Standards Manual. E IDIAN^ I®���: Last Modified: 02/12/2016. Questions? Contact the Planning Division at 208.884,5533 or www.meridiancity.org Page ( 2 DESIGN REVIEW CHECKLIST INON-RESIDENTIAL COMMERCIAL DISTRICTS � CONTINUED COHESIVE DESIGN} NON-RESIDENTIAL STANDARDS �CDS� If a "N" or "N/A" is checked, please explain in comments. Y N N/A ID # Description Comments Staff i Incorporate design principles to include rhythm, repetition, framing, Goal � and/or proportion. Applies to all sides of a building facade facing (- � 1.30 ,public roadways, that are visible from residential neighborhoods ', or public spaces, or facing the public entry of an adjacent building. ', Integrate at least one material change, color variation, or (_ \i (_ 1.3A horizontal reveal for every 12-vertical feet of building facade; '' _' vertical spacing may be averaged over facade. i Integrate at least one material change, color variation, or vertical (_ j 1.3B reveal every 50-horizontal feet of building fariade; horizontal spacing may be averaged over facade elevation. Note: For a complete list of all Standards, along with photo examples, see the City of Meridian Architectural Standards Manual. BUILDING SCALE, NON-RESIDENTIAL STANDARDS �BSS� If a "N" or "N/A" is checked, please explain in comments. Y N N/A ID # Description ✓i 1 _ �.', i, `! Intent � � � � � Goal 2.10 2.1A '� 2.1B 2.1D Development should consider the scale of surrounding buildings, including relationships to existing residential areas, as well as an appropriate height, mass, and form scaled for the built environment. Applies to facades of development along public roads, public spaces, and adjacent to residential areas. Buildings with rooflines 50-feet in length or greater must incor- porate roofline and parapet variations. Variations may include step-downs, step -backs, other modulation, or architectural features such as cornices, ledges, or columns, and must occur in total combination for at least 20% of the fa4ade length. May be averaged over entire facade, but may not exceed 75-feet without a break. For buildings with facades longer than 200-feet, reduce massing of buildings by grouping or incorporating smallertenant spaces along the commercial facade, or by incorporating at least one significant modulation with depth at least 3% of the total facade length or 10-feet, and a width in combination at least 20% of the facade length. Within mixed use areas and for all developments along arterial roadways, buildings over 1,000 sgft must provide a minimum 20-foot building elevation to include average parapet height, ridge of a pitched roof, or tower/turret type elements at least 20% in total of overall facade width. Comments The building is less than 200-feet in length. Note: For a complete list of all Standards, along with photo examples, see the City of Meridian Architectural Standards Manual. Staff » Last Modified: 02/12/2016. Questions? Contact the Planning Division at 208,884.5533 or www.meridiancity.org Page � 3 DESIGN REVIEW CHECKLIST INON-RESIDENTIAL COMMERCIAL DISTRICTS � CONTINUED BUILDING SCALE, NON-RESIDENTIAL STANDARDS �BSS� If a "N" or "N/A" is checked, please explain in comments. Y N l V �__ N/A I D # � - Goal 2.20 IC_ 12.2A 2.2B Goal 2.30 2.3A Description I Physically configure building designs to reduce disproportioned �, ', architectural scale relative to adjacent uses. Applies to facades of 'i '� development along public roads, public spaces, and residential areas. �' For adjacent buildings with greater than 1-story height disparity (i.e. — two or more stories difference) and within 30-feet of each other, integrate and align parapet designs, material changes, fenestration alignment, material reveals, or other architectural elements and horizontal articulation, to relate varying building heights to one another. Aligned features do not have to be the same type (i.e. window pattern on one could align with parapet on another). Use pedestrian scale and landscape design elements such as specialty lighting, awnings, trees or other site elements to visu- ally relate and transition multi -story buildings (or equivalent) to the ground plane. I Incorporate pedestrian -scale architectural features to support an aesthetic character that contributes to the quality of the build- ', ing design and connectivity with the surrounding environment. Applies to facades in developments: visible from arterial or collector roadways, adjacent to residential developments facing roadways, facing an adjacent building's primary building entries, and adjacent to public spaces. Consistently incorporate at least two (2) architectural features into the building design that are pedestrian scale, to include: fenestration patterns; architectural elements such as ledges, lighting, or canopies; material or pattern banding; or detailing (see Pedestrian Scale definition). Comments Existing adjacent buildings are single story and there are no adjacent multi -story buildings within 30-feet. Note: for a complete list of all Standards, along with photo examples, see the City of Meridian Architectural Standards Manual. Staff BUILDING FORM, NON-RESIDENTIAL STANDARDS �BFS� If a "N" or "N/A" is checked, please explain in comments. Y N N/A ID # Description Comments Staff J Intent ,., �' � � � {. Articulate building forms, including but not limited to massing, walls, and roofs, with appropriately scaled modulations that contribute to � � Goal the development of aesthetic building designs. Applies to facades �/ 3.10 in developments: along arterial and collector roadways, adjacent to residential developments facing roadways, facing public entries � of adjacent buildings, and visible from public spaces. Note: For a complete list of all Standards, along with photo examples, see the City of Meridian Architectural Standards Manual. » Last Modified: OZ/12/2016. Questions? Contact the Planning Division at 208.884.5533 or www.meridiancity.org DESIGN REVIEW CHECKLIST INON-RESIDENTIAL COMMERCIAL DISTRICTS � CONTINUED BUILDING FORM, NON-RESIDENTIAL STANDARDS �BFS� If a "N" or "N/A" is checked, please explain in comments. Y N N/A ID # Description i; 7 L _, i;/ 3.1A 3.1B 3.1C Goal 3.20 3.2A I l� 3.2B �� 3.2C �� 13.2D Incorporate at least one type of the following modulations in the facade plane, including but not limited to projections, recesses, and step backs that articulate wall planes and break up building mass. Examples include but are not limited to columns with trim or accent materials, change in finished material depths, building overhangs, and inset features and materials such as false windows or fenestration with architectural accents. Qualifying modulation must be at least 6-inches in depth, beat least 8-inches in width or height (whichever is narrowest), and occur in total for 20% of overall facade elevation. For buildings with facades less than 150-feet, horizontal modulation must occur no less than every 30-feet. For buildings with facades greater than or equal to 150-feet, horizontal modulation must occur no less than every 50-feet. Design parking structure facades as site integrated buildings, meeting applicable Manual standards for Architectural Elements and Material sections. Incorporate visual and physical distinctions in the building design that enhance building forms, articulate facades, identify entries, integrate pedestrian scale, and visually anchor the building to the ground or street level. Applies to building facades visible from a j public street or public space, and to facades with public entries. For at least 30% of applicable facades use any combination of concrete, masonry, stone, or unique variation of color, texture, or material, at least 10-inches in height, around the base of the building. May alternatively incorporate other architectural features such as ledges, facade reveals, ground level fenestra- tion, raised planters, or landscaping elements within 3-feet of finished grade. Where building designs incorporate multiple stories, or multiple floor height equivalents, integrate at least one field or accent color, material, or architectural feature used on lower stories, on the upper stories. Building designs with multiple stories must provide proportion- allytaller ground -level facades adjacent to public roadways and public spaces. Provide floor -to -ceiling heights, orfloor-to-floor from 10 to 16 feet. In mixed -use areas and for structures greater than four stories, design the uppermost story or facade wall plane to include material changes, horizontal articulation, and modulation meeting first story requirements, or include a patio, rooftop garden, penthouse, or strong architectural feature such as a tower element. Page � 4 Comments The project does not include a parking ', structure. Buildings are not multi -story. Buildings are not multi -story. Buildings are not multi -story. Note: For a complete list of all Standards, along with photo examples, see the City of Meridian Architectural Standards Manual. Staff » Last Modified: 02/12/2016. Questions? Contact the Planning Division at 208.884.5533 or www.meridiancity.org Page � 5 DESIGN REVIEW CHECKLIST INON-RESIDENTIAL COMMERCIAL DISTRICTS � CONTINUED BUILDING FORM, NON-RESIDENTIAL STANDARDS �BFS� If a "N" or "N/A" is checked, please explain in comments. Y N N/A ID # Description V �f i -- i C _�, f i I Goal 3.30 3.3A 3.3D 3.3E Goal 3.40 3.4A 3.4B Building design should establish visual connections that relate internal spaces at ground- orstreet-level with facades adjacent to public '� �, roadways, public spaces, and along primary building entries, and that add visual interest and complexity to the first floor building design. Use horizontal and/or vertical divisions in wall planes, such as ledges, awnings, recesses, stringcourse, molding, joint lines, or other material types, to frame and accent 30% or more of total fenestration. Average 30%fenestration for applicable first floor facade, unless specified elsewhere. May also meet fenestration alternative (see 3.3E). Big box and buildings in industrial districts may limit applicable facade area to 30-feet around public entries. Fenestration Alternative: Incorporate doors and windows for at least 30% of applicable first floor facade, or suggest their inclu- sion using faux treatments that incorporate at least two of the following: material changes, reveals in conjunction with color or material change, qualifying modulation such as recessed areas, architectural trellis, awnings and canopies over access areas, detached structures such as pergola, or similar architectural features and details. �' Building roof types, forms, and elements should provide variation and interest to building profiles and contribute to the architectural �' identity of the buildings, without creating an imposing scale on adjacent uses. Applies to facades: in development along arterial roadways, visible from residential development, adjacent to public spaces, facing public entries of adjacent buildings. For flat roofs, incorporate primary and secondary roof elements including but not limited to: multiple material types along para- pets,multiple parapet elevations with at least 1-foot change in elevation, or modulation of at least 2-feet in the parapet, such as along entryway overhangs. qualifying elements must exist for at least 20%the length of applicable facades. May also incorporate secondary roof types, such as hip roofs along overhangs. Comments For sloped roofs, incorporate at least two of any one roof element, i The building does not have a sloped including but not limited to: valleys, ridges, or gables. Qualifying POof. elements in total must exist for at least 20% of applicable facade roof area and be visible from the same facade elevation. May also incorporate other roof styles, such as parapet walls over �� entryway features. Note: For a complete list of all Standards, along with photo examples, see the City of Meridian Architectural Standards Manual. Staff ��E IDIAN - » Last Modified: 02/12/2016. Questions? Contact the Planning Division at 208.884.5533 or www.meridiancity.org Page � 6 DESIGN REVIEW CHECKLIST INON-RESIDENTIAL COMMERCIAL DISTRICTS � CONTINUED BUILDING FORM, (VON -RESIDENTIAL STANDARDS �BFS� If a "N" or "N/A'' is checked, please explain in comments. Y N N/A ID # Description Provide variation in roof profile over facade modulation and/ or articulation over facade material/color transitions. Options ( i 3.4C include, but are not limited to: varying parapet heights; two or j --� more roof planes; continuation of facade modulation through �I roof lines; dormers; lookouts; overhang eaves; sloped roofs; or cornice work. I Note: For a complete list of all Standards, along with photo examples, see the City of Meridian Architectural Standards Manual. ARCHITECTURAL ELEMENTS, NON-RESIDENTIAL STANDARDS �ASE� If a "N" or "N/A" is checked, please explain in comments. Y N N/A ID # Description !� Use proportional architectural elements and detailing to articulate Goal � facades, and contribute to an aesthetic building character with a high 4.10 j level of pedestrian design. Applies to facades: in development along public roadways, visible from residential development, adjacent to '� public spaces, facing public entries of adjacent buildings. Goal 4.11 4.1A 4.16 Design and articulate architectural elements using proportions, divisions, detailing, materials, textures, and colors and appropriately integrate these elements into the building design. Applies to facades: in development along public roadways, visible from residential development, adjacent to public spaces, facing public entries of adjacent buildings. Provide at least three detailing elements that transition facade material changes or integrate pedestrian scale elements, such as doorways, windows, or material banding, at the base of the building. Examples include but are not limited to: cornice work around primary entries, decorative caps on brick or stone banding, architectural canopies over entries, or decorative lintels above the first floor windows. Provide building overhangs or other projections such as canopies which articulate the building facade and provide temporary relief from inclement weather. At a minimum, an overhang or projection is required within 20-feet of all public entryways, must be at least 3-feet in depth from the point of entry, and be least 6-feet in length. Entryways with vestibules or other permanent enclosed transition space are exempt. -- Note: For a complete list of all Standards, along with photo examples, see the City of Meridian Architectural Standards Manual. Comments Comments Staff Staff » Last Modified: 02/12/2016. Questions? Contact the Planning Division at 208.884,5533 or www.meridiancity.org �.•- � � � , � , DESIGN REVIEW CHECKLIST INON-RESIDENTIAL COMMERCIAL DISTRICTS � CONTINUED ARCHITECTURAL ELEMENTS, NON-RESIDENTIAL STANDARDS tASEj) If a "N" or "N/A" is checked, please explain in comments. Y N N/A ID # Description Comments Staff Provide details that emphasize focal elements such as public entries, building corners, or public spaces. Examples include ', but are not limited to: columns, quoin or rustication, canopies �✓ � 4.1C over entries, lintels, transom windows, or modulation of the roof plane. At least one focal element is required and must be accented with a unique combination of color, texture, materials, or modulation in the wall or roof plane. I Building designs must not create blank wall segments when visible �' ( � I- Goal ' from a public street or public spaces. Consider the treatment at the 4 20 'base, middle, and top of the fagade. Use any combination of standards from Building Form, Architec- - tural Elements, or Material sections to provide pattern, color, or � 4 2A material variation on all wall segments. Must not exceed 30-feet horizontally or vertically without building variation. � Organize building service equipment, including, but not limited to, Goal utility, service, and mechanical, away from building entries, roadways, 4.30 ;, public spaces, and, where appropriate, from adjacent buildings. Use and integrate standards from the Architectural Standards Manual to screen and conceal service and mechanical equipment. I, I 4.3A Landscaping meeting the same intent may also be considered for utility meters and connections. Mechanical equipment will be placed All ground level mechanical equipment must be screened to the ', on the rooftop. - - � � 4.3B height of the unit as viewed from the property line. All rooftop mechanical equipment shall be screened as viewed I �� 4.3C from the farthest edge of the adjoining right of way. Note: for a complete list of all Standards, along with photo examples, see the City of Meridian Architectural Standards Manual. MATERIALS, NON-RESIDENTIAL STANDARDS �MAS� If a "N" or "N/A" is checked, please explain in comments. Y N N/A ID # Description Goal � Use complementary material combinations that contribute to a I, � � cohesive building design. Use materials from the following basic 5.10 groups: wood, masonry, concrete, stucco, metal, and glazing. Note: Far a complete list of all Standards, along with photo examples, see the City of Meridian Architectural Standards Manual. Comments Staff » Last Modified: 02/12/2016, Questions? Contact the Planning Division at 208.884.5533 or www.meridiancity.org DESIGN REVIEW CHECKLIST INON-RESIDENTIAL COMMERCIAL DISTRICTS � CONTINUED MATERIALS, PION -RESIDENTIAL STANDARDS �MAS� If a "N" or "N/A" is checked, please explain in comments. Y N N/A ID # Description Comments Page � 8 Staff For buildings with facades that face multiple public roadways �i I 5.1A and/or public spaces, use consistent material combinations, material quality, and architectural detailing. � For all facade elevations visible from public roads, public spaces, ; primary entrances) of an adjacent building, and facing residential I I� ( � S.1B districts, use at least two distinct field materials, colors, or material -color combinations on the building fa4ade (see also Material definitions). i For facade elevations visible from public roadways and along �, ! � (__ � 5.1D primary building entryways, incorporate an accent material on the first story. Distinguish field materials from accent materials through pat- tern, texture, or additional detail visible from edge of nearest '� � _� (_ ,! 5.1E roadway. Alternate masonry or material courses with relief from � primary plane may count toward this. Where materials transition or terminate, provide detailing to express the natural appearance of the material. For example, I - ( ) - 5.1F wrap stone or stone -like products around visible corners to i convey the appearance of mass, and not as a thin veneer. I Non -durable materials, treatments, and finishes that deteriorate Primary materlalS USed Include: (�_ __ (___ 5.1G quickly with weather, ultra -violet light, and that are more suscep- % StuCCo, stone veneer and metal tible to wear and tear are prohibited on permanent structures. i cladding. The use of vinyl and ordinary smooth face block, unfinished, colored, or painted, are prohibited as a field materials for building � ' S.1H facades along public roadways, adjacent to public spaces, and � when visible from residential neighborhoods. Smooth face block maybe used as an accent material. Untextured concrete panels and prefabricated steel panels are i, None of this materials are used ; prohibited as field materials for building facades, except when � throughout the building as field i✓ i � 5.11 used with a minimum of two other qualifying field materials and � material. meeting all other standard fenestration and material requirements. Use colors that complement building materials and support innova- ( �- Goal flue and good design practices. Applies to building facades visible S.20 from a public street, public spaces, and pedestrian environments. Use of subtle, neutral, or natural tones must be integrated with I� - I ( 1I - -� 5.2A at least one accent or field material. '� � The building's colors do not include --) 5 2B Use of intensely saturated colors or fluorescence is prohibited any fluorescent COIorS or Intensely -- as a primary material. May be used as an accent material. (!saturated colors. Note: For a complete list of all Standards, along with photo examples, see the City of Meridian Architectural Standards Manual. » Last Modified: 02/12/2016. Questions? Contact the Planning Division at 208.884,5533 or www.meridiancity.org Page � 9 DESIGN REVIEW CHECKLIST INON-RESIDENTIAL COMMERCIAL DISTRICTS � CONTINUED MATERIALS, NON-RESIDENTIAL STANDARDS �MAS� If a "N" or "N/A" is checked, please explain in comments. Y N N/A ID # Description Materials or colors with high reflectance, such as some metals ( ' S.2C �I or reflective glazing, must not redirect light towards roadways, --' public spaces, or adjacent uses in a way which constitutes a public nuisance or safety hazard. Integrate roll -up doors, will -call doors, drive -through doors, and Goal �I loading docks into the building design, and locate them in a manner I � ! ', which does not create pedestrian, drive aisle, or roadway conflicts. 5.30 , Applies to facades along arterial and collector roadways, and facades �. facing public spaces. i For commercial and traditional neighborhood districts, roll -up �, and drive -through doors are allowed when integrated into the i✓ building design, but will -call doors with roll -ups and loading _ (_ 5.3A docks are prohibited. Consider material variation and transitions, modulation, and other architectural features and standards for the design. Comments No high reflectance materials are used throughout the buildings. There are no roll -up ordrive-through doors in the building's design. Note: For a complete list of all Standards, along with photo examples, see the City of Meridian Architectural Standards Manual. SIGNS Sc LIGHTING, NON-RESIDENTIAL STANDARDS �SLS� If a "N" or "N/A" is checked, please explain in comments. Y N N/A ID # Description j ( I� I� ) Intent 6.16 6.1C �. �, . '� Use lighting on building exteriors to promote safe pedestrian environments along roadways, at intersections, and in public spaces. Lighting fixture spacing and height along streetscapes and roadways must be placed to avoid conflicts with tree plantings. Use energy -efficient architectural lighting. Use lighting fixtures that are consistent with other decorative hardware on the building. For example, select lighting hardware with similar color and shape as other building hardware, use recessed lighting, incorporate uniform spacing, integrate with other accents and reveals, and coordinate specialty lights with predominate architectural features. ---- -- Note: For a complete list of all Standards, along with photo examples, see the City of Meridian Architectural Standards Manual. Comments �� Staff » Last Modified: 02/12/2016. Questions? Contact the Planning Division at 208.884.5533 or www.meridiancity.org This page left intentionally blank Last Modified: 02/12/2016. Questions? Contact the Planning Division at 208.884.5533 or www.meridiancity.org ARCHITECT5I CHARTERED December 2, 2019 Meridian Planning Division Meridian City Hall 33 E. Broadway Ave., Suite 102 Meridian, ID 83642 RE: Written �larrative Ten Mile Plaza / 3110 W. Quintale Dr. Design Review, Conditional Use Permit and Certificate of Zoning Compliance On behalf of the owners/developer, we hereby apply for Design Review and CZC for the Ten Mile Plaza located at 3110 W. Quintadale Dr. The development will include a 6,198 s.f. multi - tenant building located in the C-G zone. Access to the property is provided by two shared access ways, one located on W. Quintale Dr. and the second located along W. McMillan Rd. Internal drives will be owned and maintained by the property owners within the development. As designed, the site will have excellent internal circulation and access to the public road system. The landscaping and the amenities that are part of the project will be maintained by a private, off -site landscaping company. Narrative describing compliance wi�� the guidelines c®stained in the Meridian Design Manual: 1. Architectural Character: a) Facades. The fagades integrate different textures, colors and materials to achieve variation and create a cohesive design. Along with materials, the design integrates changes in elevation, set -backs and suspended canopies to achieve depth and detract from a flat fagade. The repetition of materials and symmetry used creates rhythm and provides architectural character to the building which helps address its surroundings and provide a welcoming environment within the site. b) Primary Entrances. The building can be divided into multiple tenant spaces, each with its own main entrance. The proposed entrances are provided on the central section of the building. The highest point of the building is located along that section outlining a sense hierarchy and helping identify and define the location of the entrances. c) Roof Lines. The building design uses a combination of a flat roof system and a gable roof. Roof lines are only visible along the location of the main entrances where the gable 4 1 307 Na 39r�' STREET, SUITE 1 03 PH NAM PA, IDAHO B3687 roof is integrated. Parapets at different elevations and thicknesses are integrated into the rest of the design to eliminate continuous lines and planes and to add depth. d) Pattern Variations. The fagades of the building are designed to incorporate material and shadow variation to the design. The variation of textures, materials and colors eliminate the monotony of the modulation of each material. e) Mechanical Equipment. The mechanical equipment will be placed in the rooftop of the building and will be screened with the building's parapet walls. 2. Materials: The site is located on the C-G District (General Retail Service Commercial District), the surrounding buildings typically use stucco and stone veneer as their primary materials. The proposed building will incorporate cultured stone veneer and stucco. Using a similar material palette as the existing buildings, it allows the proposed building to integrate and stay within the design parameters of its surroundings while maintaining its own architectural character. 3. Parking Lots: Parking for this site is located on the North and East of the building. Most of the parking is on the East of the building providing easy access to the entrances of the building. The trash enclosure will be easily accessible from the parking lot and the shared access points of the site and its surroundings. 4. Pedestrian Walkways and facilities: Pedestrian walkways and drop-off zones are easily designated by parking layout and lighting design. Walkways are designed to provide efficient access to building entries and exits. Along the main entrances of the building, ample space is provided to be used as an outdoor sitting area if needed or required. Sincerely, Adam Garcia Houston-Bugatsch Architects, Chtd. 1 307 NAM PA, IDAHO 83687 FX: (208) 442-3942 N. 39T" STREET, SUITE 1 03 PH: (208) 465-341 9 RECORDATION REQUESTED BY; Citizens Community Bank, Division of Glacier Bank Rexburg Branch 452 North 2nd East Rexburg, ID 8344o WHEN RECORDED MAIL TO; Citizens Community Sank, Division of Glacier Bank Rexburg Branch 452 North 2nd East Rexburg, ID 83449 BEND TAX NOTICES TO; Citizens Community Bank, Division of Glacier Bank Rexburg Branch 452 North 2nd East Rexburg, ID 83440 SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY IIlIIIIII�NIBIIIIIII�q��II��IS���I�tlIw11�1�4111iIIIIGdNJdl�l'@I�NN�Illllli GONSTRUCTiON DEED OF TRUST THIS DEED QF TRUST is dated June 3, 2019, among FLUID REAL ESTATE. INVESTMENTS LLC, AN IDAHQ LIMITED LIABILITY COMPANY, AS TO A 85.5% UNDIVIDED INTEREST whose address Is 2880 E 14TH N, iDAHO FALLS, ID 83401=4846 and EJS, LLC, AN IDAHO LIMITED LIABILITY COMPANY, AS TO A 14.5%o UNDIVIDED INTEREST whose address Is 650 E LAVA FALLS, MERIDIAN, iD 83646-3746 ("Grantor"); Citizens Community Bank, Division of Glacier Bank, whose address. Is Rexburg Branch, 452 North 2nd East, Rexburg, iD 83440 (referred to below sometimes as, "Lender" and sometimes as "Beneficiary" ); and PIONEER. TITLE COMPANY OF ADA COUNTY, whose address Is 8151 W. RIFLEMAN AVENUE, BOISE, iD 83704 (referred to below as "Tr.ustee"), CONVEYANCE AND GRANT. For valuable consideration, Grantor does hereby irrevocably grant, bargain, sell and convey In trust, with power of Salo, 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, tpgether 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. LOT 2 IN BLOCK 25 OF BRIDGETOWER CROSSING SUBDIVISION NO, 7, ACCORDING TO THE PLAT THEREOF, FILED iN BOOK 92.0E PLATS. AT PAGES) 10918-'t Q919, RSCORDS OF-ADA COUNTY, IDAHO. The Real Property or its address is commonly known as 3110 WEST .QUINTALE DRIVE, MERIDIAN, ID 83646. CROSS-COLLATERALIZATiON. In addition to the Noto, this Deed of Trust secures all obligations, debts and Iiabllities, plus interest thereon, of either Grantor or, Borrower to Lender, or anyone or more of them, as weil 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 unliquldated, whether Borrower or Grantor may. be liable individually or jointly with others, whether -obligated as guarantor, surety, accommodation party or oth.anvise, 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 rite 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, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST iN THE RENTS AND PERSONAL PROPERTY, IS ALSO GIVEN TO SECURE ANY ANDALL OF BORROWER'S OBLIGATIONS UNDER THAT CERTAIN CONSTRUCTION LOAN AGREEMENT BETWEEN BORROWER AND LENDER OF EVEN DATE HEREWITH. ANY EVENT OF DEFAULT UNDER THE CONSTRUCTION LOAN AGREEMENT, OR ANY OF THE RELATED DOCUMENTS REFERRED TO THEREIN, SHALL ALSO %BE AN EVENT OF DEFAULT 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 Borrower's request and not ai the request of Lander; (b) Grrantor 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 (imitation the creditworthiness of Borrower). GRANTOR'S WAIVERS. Grantor waives all rights or defenses arising by reason of .any "one notion" 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 Lander is. otherwise entitled to a cfaim for deficiency, before or after Lender's 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 shalt 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, CONSTRUCTION MORTGAGE;. This Deed of Trust. Is a "construction mortgage" for 'the purposes of Sections 9-334 and 2A-3O9 of the Uniform Commercial Code, as.those sections have been adopted by the Slate of Idaho. POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Grantor agree that Borrower's and Grantor's possession and use o(the Property shall be governed by the following provisions: Possession and Use.. Until the occurrence of an .Event of Dofault, Grantor may .(1) remain In possession and control of the Property; (2) use; operate or manage the Property; and (3) colloct rho Rents from the Property, Tlie following provisions relato to the Use of the Property or. to other limitations on the Property. THE REAL PROPERTY IS NOT MORE THAN EIGHTY (80) ACRES AND IS, NOT PRINCIPALLY USED FOR, THE AGRICULTURAL PRODUCTION OF CROPS, LIVESTOCK, DAIRY OR. AQUATIC GOODS, OR IS NOT MORE THAN FORTY (40) ACRES REGARDLESS OF USE, OR IS LOCATED WITHIN AN INCORPORATED CITY OR VILLAGE. Duty 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 roprosents 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 DEED Ur TRUST (Continued) Page 2 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 poor owners or occupants of the Property, or (c) any actual or'lhreatenod 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 Properly 'shall use, generate, 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 audiorizes Lendorand Its agents to enter upon the Property to make such inspections and tests, at Grantors expense; as Lender may deem appropriate (o 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 H'azardaus 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 of 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 shag not be affected by Lender's acquisition of any interest In the Properly, whether by foreclosure or otherwise, Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance oar commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Grantor vvlli not remove; or grant to any,olher party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products Without Lender's prior written consent, Removal of improvements. Glamor shall not: demolish or remove any Improvements from the Real. Property without Lender's prior written consent, As a condltlon'to the removal of any improvements, lender may require Grantor to make arrongemenls satisfactory to Lender to replace such Improvements with Improvements of at least equal value, Lender's Right to Enter, Lender and Lender's agents and representatives may enter upon the Real Properly at all reasonable times. to attend to Lenders interests and to lnsp'ect the Roal Property far purposes of Grantor s compliance with lho terms and condltions.of this Deed of Trust. Compliance with Governmental Requlremonts, Grantor shall promptly comply with all laws, ordinances, and regulations, no\v 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, Lender's Interests. in the Property are not Jeopardized. Lender mayrequire Grantor to post adequate security or a surely 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 thls ,section, which from the character and use! of the Property are reasonably necessary'to protect and preserve the Property, Construction Loan, if some or all of, the proceeds of the loan creating the Indebtedness are. to be used to construct or complete construction of any improvements an the Property, .the Improvements shall be completed no later than the maturity data of the Note (or such earlier date as Lender may reasonably establish) and Grantor shall pay in full .all costs and expenses in connection with the work, Lender will disburse loan proceeds under such terms and conditions as Lander.may deem reasonably necessary to insure that the interest created by this Deed of Trust shall have priority over all possible liens, Including those of material suppliers and workmen. Lender may require, among other things, that disbursement requests be supported by recafpted bills, expense affidavits, waivers of liens, construction 'progress reports, and such other documentation as Lender may reasonably request. 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 sate 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, tote or Interestkin the Real Property; whether legal, benisklal or equitable; whether voluntary or involuntary; whether by outright sale, deedi installment sale contract, land contract, contract for deed, leasehold interest with a term greater than three (3) years, lease-optlon contract, .or by sale, assignment, or transfer of any beneficial interest in or to any land trust holding title 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 limited liability company, transfer also Includes any restructuring, of the legal entity (whether by merger, division or otherwise) or any change in ownership of more than twenty-five percent (25%) of the voting stock, partnership kinterests 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 relating to the taxes and liens on the Property are part of this Deed of Trust: Payment, Grantor shall pay when due (arid 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 of material furnished to the Property.. Grantor shall maintain the Property free of all (ions 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 wilinhoid payment, of any fax, assessment, or claim In connection with a good faith dispute over the obligation to pay, so tong as Lender's interest in the Property Is not jeopardized, if a lion arises or is filed as a. result of nonpayment, Grantor shall within Ffleen (15) days after the lien arises or, if a Ilan 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 sufficlent corporate surety bond or othor security 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 enforcementagainst the Property. Grantor shall name Lender as an additional obligee under any surety bond fumished 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 anytime a written statement of the taxes and assessments against the Property, Nofice 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 and the coste exceeds $1,000.00. 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, Malnfenanco 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 sufficlent to ovoid application of intain any coinsurance clause, end with a standard mortgagee clause.in favor of Lender. Grantor shall also procure and macomprehensive genera( liability insurance in such coverage amounts as Lender may request with Trustee and Lender being named as addilionat insureds in such liability Insurance policles, Additionally, Grantor shall maintain such other Insurance, including but not limited to hazard, business intorruption, and boiler Insurance, as Lender may reasonably require. Policies shall toe written in form, amounts, coverages and' basis reasonably acceptable to Lenderand issued by a company or companies.reasonably acceptable to Lender. Grantor, upon request of Lender, wHl deliver to Lender from time to time the policies or certificatesof insurance in form satisfactoy to Lender, Including stipulations that coverages will not be cancelled or diminished without. at least thirty (30) days prior written notice to Lender: Each Insurance policy also shall inriude 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 parson. Should the Real Property be located In an area designated by the Administrator of the Federal Emergency Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, if available, for the full unpold principal balance of the loan and any prior liens an the property securing the loan, up to the maximum policy limits set under the p�ED OF TRUST (Continued) Page 3 National Flood Ihsuranco Program,. or as otharwiso required by Lender, and to ntaintaln such Ihsuranco for Iho terrtt of the loan. Ahp(icakion of Procoods, Grantor shall promptly notify Lender of any toss or damitge fo rho Property if the estimated cost of repair. or replacement exceeds �1,000,00. Lender may make proof of loss:lf Grantorfails to do so within fifteen (15) !lays of the casualty. Whether or not Lenders security is Impaired, Lender may, at Lender's election, receive and retain rho procoods of any Ihsuranco and apply (he proceeds to the reduction of 4he Indebtedness, payment of any Ilan Affecting the Property, nr rho restoration grid repair of the t?ioperty, if Lender elects to apply the proceeds to restoration and repair, Grantor shall rep�lr or replace the damaged or destroyed improvemonis in a manger satisfactory la Lander. Lender shall, upon satisfactory proof of such vxpendilure, pay or.roimburse Grantor from the proceeds for the reasonable cost of repair or. restoration (f Grantor is not in default uhdor this Deed' of Trust, Any proceeds which have not been disbursed within 180 days attar their receipt and which Lender has not conlmi(ted to the repair or restoration of the'Property shag be used first to pay any amount owing to Lender under this Deed of Trust, then to pay accrued Itltorest, and the renta(nder, if any, shall be applied to the principal balance of the indebtedness, If Lander holds any proceeds attar payment in full of the Indebtedness, such proceeds shall be paid to Grantor as Grantor's Interests may appear. Grantor's Ropori on Ihsuranco. Upon request of Lender, however not more Than once n year, Grantor shall furnish to Lender a report on each existing policy of insurance showing: (t) the name of the insurer; (2) the risks insured; (3} the amount of ih.e policy; (4) the• property insured, the then current replacement value ofi such properly, and 'the manner of determining that value; and (5) the expiration date of•the policy, Grantor shell, upon request .of Lender, have an indep©ndent appraises sags(actory to Lender determine the cash'value roplacament cost of the Property,, LENDER'S EXPENDITURES. If any action or proceeding is comrrtvnc©d�that would mTterially affect Lender's interest in the Property or if Grantor fAils to compiywith any provision .of this Dead of Trust or any Related Documents,lncluding but not I'imlted to Grantor's failure to discharge or pay when due any amounts Grantor is required to discharge or pay under this Deed of Tryst or any Related Documents, Lender on Grantor's behalf may'(but. shall hat 6e obligated to) tako� any action that Lender dooms appropriate, including but not limited to discharging' ar paying al( taxes,. Uens, security Interests, encumbrances and other claims, at any time levied 'or placed on the Properly and paying all costs der insuring, rnalntalning and preserving. the Property, Ail such expenditures incurred d� paid by Lender for such purposes will then hear Interest at the rate charged under the. Note From the date incurred or paid by Lender to the date of repayment by Grantor. Ail such expanses. will become. a. part of rho indebtedness and, at Lenders option, will {A) be payable on demand; (8) 6e added to the balance of the Nato and be apportioned among and be payable with any InstaNment payments to become due during eUher (1) the farm of any appllcabio'insurence policy; or (2) the remaining term of the Note; or (G) be ireaied as a balloon payrnenf yvhich will be due and. payable at the Note's maturity: The Deed of Trust also will secure payment of these amounts. Such right. shalt be In addition fo all other rights and remedies .to which Lender maybe entitled upon Default, WARRANTY; OFFENSE of TITLE. The following provisions relating to ownership of the Property are a partof this Deed of Trt.rsl: Tltty. Grantor warrants that: (a} Grantor holds good and marketable title of record to the Property (n fee. simple, fro©and clear of all lions and encumbrances -other than those set forth In tha Roal Property description or in any title insurance policy, title report, or 6nai title opinion issued in favor of, and accepted by, Lender in co.nnectlon with this Doed of Trust; and (b) Grantor has the full right, power, and authority to execute rand deliver Btts Deed of Trusiao Lender. Aafansa of Tltl©. Subject to the exceplian In the paragraph above, Grantor warrants and wll) Yorovor defend the tote to the Property against the lawful claims of all persons, in !tie avant any action or proceeding is corrimenced that questions Grantor's title or the interest of Trustee or Lender uhdor this Oeed of Trust, Grantor shall defend 'the action zat Grantor's oxpvnso. Grantor may 6e the nominal party in such proceeding, but .Lander shall be entitled to participate In. the proce.eding and to be .represented in the procAedinq by' counsel of Lender's own choice, and Grantor v✓il( deliver, or cause to be delivered, to Lender such Instruments es Lender may request from lime to time la permit such parlicipatlon. Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property compiles with all existing applicable laws, ofdinances, and regulations of governmental auttiorilfes. Sbrvivai of Roprosontaflons and Warranties, /111 representations, warranties, and agreements made by Grantor In this Deed of Trust shalt survive the execution and delivery of this Deed of Trust, shall 6e continuing in nature, and shall remain in full force and effect .until such lime as Borrower's Indebtedness shall be -paid in full CONOt;INNATION. The follotiying provisions relating to condemnation proceedings are' a part of this Oeed of Trust; Pracoodings, If any proceeding in condemnalion is ftted, Grantor shall promptly notify Lvndar in writing, and Grantor shall promptly take .such steps as may be necessary to defend the action and obtain the award; Grantor may ba the nominal party in such proceeding; but Lendershall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Grantor wilt de0ver or cause to Ile delivered to Lender such instruments and. documentation as may be requested 6y Londvc from tirnrj to time to permitsuch particlpatlan. AppllcatJon of Net Procoods, if all or any part of the Property is .condemned by eminent domain proceedings. ar by any proceeding or purchasa�in lieu. of condemnation, Lender may at -its election require that�ail or any portion at the net proceeds. of the award be .applied_ la the Indebtedness or the repair or restoration of the Property, The net procoods of the award shalt moan Iho award after payment of all reasonable oasts, expenses, and.atlomeys' fees incurred by Trustee or Lender in connection with the condemnation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNldENTAL AUTHORITIES; The following provisions relating to govemmental taxes, fetes and charges are a portal this Deed of Trust: Currant Taxes, Foes and Charges, Upon request by Lender, Grantor shall execute such documents in addition to this Deed of Trust and take whatoVor other action is requested by Lender to porioct and continue Lender's Ilan on the Real Property, .Grantor shall reimburse Lender for all• texas, as 'described below, together with all expenses incurced in recording, perfecting or continuing this Oeed of Trust, including withouttimitallon alflaxes, fees, documentary stamps, -and other charges.for recording or registering this Deers o:f Trust. Taxes. Tile following shalt constitulo taxes to tivhich this section applies: (t} a spoclfic 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 specltic.tax on Borrower which Borrower is authorized or required to deduct from payments on the Indebtedness secured by this type of Oeed of Trust; (3) a tax. on this type of Deed of Trusr chargeable agalnstlhe Lender or the holder of the Nole; and (4) a specific t�ix on all or any portion of lh© Indebtedness or on payments of principal and (merest made by Borrower, Subsequent Taxes. If any tax ta which' this section applies is enacted subsoquant to the dnte of this Dead of Trust, this event shall -pays the. soma affect as an Event of Default, and Lender may exerc[se any or ail of its available remedies for an beans of Default as provided below unless Grantor either (1) pays tlie�tax before it becomes delinquent, qr (2) contests Iho tax as provided above in the. Taxes and teens section and -.deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lander. SECURITY AGREEMENT; FINANCING STATEMENTS. The. follotving provisions r�tating'to this Deed of Trust as a se'curily agreement. ore a part of this Dead of Trust: Security Agreement. This instrument• shall constilule a Security Agreement to the extant any of Iho Property constitutes fixtures, and Lendvrshall have all of the rights of a secured party under the Uniform Commercial Code as amended from rim© to time.. Security Interact. Upon request by Lender, Grantor shall take. whatever action Is requested by Lvndar to perfect and continuo Landers security interest in the Rents and Personal_Property. n addition to rocording.this Oeed of Trust In the real property records, Lender rnay,'at any lime and without further authortzatlon tram Grantor, file executed counterparts, eagles or reproductions of this Devd of Trust .as a financing statertjent. Grantor shall reimburse Lender'tor all expenses Incurred In. perfecting or continuing this security LnteresL Upon default, Grantor shall not remove, savor or' detach the Personal Property from the. Properly, Upon default; Grantor shall assemble any Personal Properly not affixed to lh© Property in a manner and at a place reasonably convenient to Grantor and Lander and make It available to Lander within threv,(3) days after rocolpt of.written demand from Lender to rho oxtvntpermittod by applicable law. Addressgs, The mailinij addresses of Grantor (debtor) and Lender {secured. party) from vfhtch information cdnceming the security interest granted by this Deed of Trust may be obtained (each .as required by rho UnUarrn Cnmrnorcfal Codej are as staled on rho Rrst pogo of.this Deed of Trust. FURTHER ASSURANCES; ATTORNEY•IN•FACT. The fallowing provisions relating to further assurances and alt6mey-in-foci are. a part of this Deod of Trust; Further Assurances. At any time, and front time to time, upon request of Lender, Grantor will make, execute and deliver, or will cause to be made, executed ar delivered, to [:ender or to Lender's designee, and when requested by Lender, cause to bo filed, recorded, rallied, or DEED O� TRUST (Cantinusdj Page � rerecorded, as iha case may be, at such limes end In such offices and places as lender may dee"m appropriate, any and all such mortgages, deeds of trust, s©curity deeds, security agreements, firiancin,g statements, continuatien 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 (i} Borrower's and GrantoPs obligations underlha Nato; this peed of Trust, and the Related Documents,.and (2y the Ilene and security In.terosts created by. this Deed of Trust as first and prior liens on the Property, whether now owned o'r hereafter acquired by Grantor, Unless prohibited by IaW or Lender agrees. to iha contrary in writing, Grantor shctil reimburse Lender for all costs and expenses incurred In connecllon with the matters re(erfed to in this paragraph, Attorney -In -Fact. i( Grantor falls to do any of the things referred to in the preceding paragraph, Lander may do so for and in the name of Grantor and at Grantor's expanse, Far such purposes, Grantor hereby Irrevocably appoints Lender ss. Grantor's attorney-in�fact for the purpose of ,making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lender's sale gpinlon, fo accomplish the matters referred td in iha preceding paragraph. FULt..PERFORfdANCE. If Borrower grid G�anlor pay all the indebtedness when duo, and Grantor alhanvlse performs all the obligations imposed upon Grantor under this Deed of Trust, Lendershali execute and deliver to Trustee a r�quest:for full reconveyance and shall axectite and deliver to Grantor suitable statements of tefminatton of any financing statement art fife evldencing Lender's security interest in rife Rents and the Personal Property. any reconveyance fee required by law shall ba paid by Grantor; if permitted by applicable law.. EVENTS OF DEFAULT. Each of the following, at lender's option, shall constitute an Event of Oofault under this Deed of Trust: Payment Default. Borrower faits to make anypaymanhwhen duo under the Indebtedness: Other Defaults; Borrower or Grantor !ails to comply. with or to periorrn any other term, obligation, covenant or condition coniainod .in this Deed of Trust oc In any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained iri ahy other agreement between Lender nrtd Borra�ver or Granicr, Compliance Default.. Failure to comply with any other term, obligation, covenant or condition cohtalned in this Deed of Trust, the Note or in any of the Ralated Documents. Orsfauit on Other Payments. Failure of Grantor with(n iha time required by this Deed of Trust to make any payment for taxes ar Insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. Default In Favor of Tirird Parties. Should Bon'owar or any Grantor default under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor o(, any other creditor or person that may materially affect,'any of Borrower's or any' Grantor's property or Borrower's ability to repay iha indebtedness or Borrower's or Grantor's ability to perform their respective obligations under this Deed of Trust or any of the Ralated Documents. Falsa Statements. Any warranty, representation or statement made or furnished to Lander by Borrower or Grantor or on Borrower's or Grantor's'behalf under tills Doed of Trust or the Related Documents. is false or misleading in any material respect, either now or at the ti.ma made or (urnisired or becomes false or misleading of any time thereafter: Defective Collaleralizat[on, This Deed of Trust` or any of ttie Related Documents ceases to be in furl farce and effect (including jaqurQ of any coltaterai document to create a valid and perfected security [nterest or Ilan} at any time and for any reason, Death or lnsolvancy: Tha dissolution of Grantor's (regardless of whether election to continue [s made}, any member withdraws from the limited liab)lity company, or any other termination of Borrower's ar Gfantor's existence as a going business or rho death of anymember, the insolvency of Borrower or Grantor, the appo[ntmont of a t`ecaivar for any part of borrower's or Grantor property; any assignment far the benefit of creditors, any type o1 creditor workout, or the commencement of any proceeding under any bankruptcy or lnsolvancy taws by or against Borrowo� or Grantor. Creditor or Forfeiture Proceedir►gs, Commencement of tareclosure or torfelture proceedings, whether by judicial proceeding, sail -help, repossession or any other, method, by any creditor of Borrower oc Grantor or E�y arty governmental agency against any property secudhg the indebtedness. This Includes a garnishment of any of Borrower's or Grantor's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower or Grantor as to -the validity or reasonableness of the clam whichts the basis of the creditor or forfeiture proceeding and If Borrower or Grantor gives Lenderwrlttan notice of the creditor orforfeitura proceeding and .deposits vlith Lender moues or a surety bond tot the creditor nr forfellure proceeding, In an' amount determined by Lender, in its sole. discretion, as being an adequate reserve or bond for the dispute, Sraach of Other Agreement. Any breach by Borro�yer or Granlorunder iha terms of any other agreement. petwaen Borrower or Grantor and Lender that Is not remedied. within any grace period provided therein, including without t[mitaFion any agreement concerning any indebtedness or other obligailon of Borrower or Grantor to Lender, whether existing nevi or later, Events Affectin@ Guarantor. Any of the procod[ng events actors with raspcct to any Guarantor of any of the Indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the valldityof, or liability under, any Guarantyof the Indebtedness. Adverse Change, A materfal adverse change occurs. [n Borrower's or Grantor's, Ftnanc[at condition, or Lender believes the prospect of payment or performance of rho indebtedness is tmpaired. insecurity. Lender in good faith believes itself insecure.. Rlpht to Crrro. if any default, other than a default In payment, is curable and If Grantor.itas not been gluon a notice of a breach oflhe same provision of th(s Deed of Trust wip�in the preceding twelve (12) months, It -may be cured [f Grantor, after Lender sends vrrittan notice to Borrower demanding cure of such defauif: (t) cures rho default within twenty (2t?) days; or (2) if the cure requires more than twenty (2Q) days, (mmedlately Inllfates steps which Louder deems In Lender's sots discretion to be sufficient to cure the default and thereaftQr 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 ibis Deed of Trust, :at any tires lhereaRer; Trustee or Lender may exercise any one or mare of the following rights and remedies: Notice of Default. In the Event.of Default Lender shall execute or cause the Trustee to execute a written notice of such default and of Lender's election to cause 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 Raa1 Property, or any part thereof, is situated. Electloh of Remedios, Election by Lender to pursue any rarnody shrall not exclude. parsuit of any other remedy, and an elactlon to make expenditures or to take action to perform an ohligatlon of Granfar under this Deed of Trust,. after Grantors failure to perform; shall not affect Lender's right to declare a.default and exercise its remedies, Accoferato Ir�dobtodness, Lender strati have the right at its option without. notice. to Borrower or Grantor to declare the entire fndablodness [mmedlately due and payable, Including any prepayment penally which Borrower would be. required to pay.. Foruciosura. With respect to all ar any part of the Reai Property, iha Trustee. shall have the_ right to foreclose by notice and sate, and lender shall have the r[ghl to foreclose by fudictai (oracfosure, in either case in accordance with and to the' full extent provided by applicable law. UGC Remedios. 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 C9mmorcial Code, Collect Rants. Londar shall have the right, without noNco fo Borrower or Grantor to take possession of and manage -the' Property and collect the Rents, including amounts past due and unpaid, and apply iha net pracea[is, over and -above Lender's casts, against. The Indebtedness. In t'uriharance of Ihls right, Lender may require any 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 Grantor's attorney -in -fact to endorse instruments reco(ved in payment thereof in iha Hama of Grantor and to negotiate iha same and collect the proceeds. Payments by tenants or other users to yonder In response. to Londor's demand shall satisfy the obligations for which the payments are made,, vihe[her or not any proper grounds. for lho demand existed. tender may exorcise Its rights under this subparagraph either in parson, by agent, or through a receiver. Appoint Receiver. Lender• shall have iha right to have a receiver appointed to take possession of all ar any part. of iha Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents (torn lho Property and apply iha proceeds, over 'and above iha cost of ►ho raceivershfp, against rho Indobtadnass, The receiver may servo without band if 'perrrritled by law. Lender's right to iha appointment of a receiver' shall exist .whether or not iha apparent value of the f?roperty exceeds iha indebtedness by a substantial arnouni. Employment by Lander shalt pal disquallfyaperson from serving as a receiver,. DEED Q� TRUST (Continued} Page 5 Tenancyat•$ufferance, If Grantor remains in possessioh of the Prop©rty otter !tie Property is sold as: t?rov[ded above or t.endaP othorwiso becomes untitled .to possession of the Property upon default af•8orrawer or Grahlor, Grantor shall become a tenant at sufferance of lender or lhe,purchaser of the Property and shall, at Lender's option, •either (1} pay'a reasonable:rental inr the use of the. Praperty,'or (2) vacate fho Property irrirnediately upon the demand of Lender, Other Remedies, Trustee or Lender shall have any outer right or remedy provlded�in this Dead dt Trust or the Moto of available at law ar`In equity. Notice •of•Sate. Lender shaif give Granlbr reasonable notice of the time and place of any public sate of the Personal Property or of the lime after which any private sate or other (ntonded disposition of the Personal Property is to be made. Reasonable notice shall mean notice given at least ton (10} days before the dine of the Salo ar. disposition. Any sale of life Personal Property may be made fn conJunctitin with any sale of the Real Property. Seta of the Property. To the uxtarit permitted by applicable IaW, Borrotiver and Gran[ar hereby waives any and all rights to have the Property marshaQed, In exercising its rights and remedies, the Trustee or. Lender shalt be free to sell all or any part of the Property iogeths� or separately, in one sate or by separate sales. Lender shall be entitled to bid at any public sate on all ar any portion of tt�e Property, Nottce of safe haying been given as then required by law, aitd not less than the time required by law having elapsed, Trustee, without demand on .Grantor, shalt sell the property at. fife time and place (ixad by it in the notice of sale at public auction to the highest bidder for cash in lawtui money of the Unttad Stales, payable at time of sate, Trusted shall deliver to the purchaser his or her deed conveying the Property so .sold, but without any covenant or warranty express or implied. Thu recitals 'insuch deed of any matters or facts shall be conclusive proof of the truthfulness of such matters ar facts. After deducting all costs; fses'and expanses'of Tivstee and of this'irust, Jnctuding cost of evidence of title and reasonable attorneys' fens, �inctudtng those in connection with the sale, Trusfap shall apply proceeds of safe to payrttent at (a) ail sums expended under this Dt;ed o(Trust, not then repaid with interest (Hereon as provided in this •Dead of Treat; (b) alE indebtedness secured hereby; and (c) the remainder, Ii any, to the person or persons.legaily entitied thereto, Attorneys-' Fens; Exponses. If Lender institutes anyi.suit or action to cirtorce any of the terms of this Deed of Trust, Lendor shall Ge entitled Ca recover such sum as the court may adjudge reasonable as attorneys' tees at Trial and upon any appeal. Whether or�no! any courf action is Involved, and to the extent not prohibited by IaW, a)I reasonable expenses Lendor inc�lrs that in Lender`s opinion era necessary at any time farthe protection of its Int©rest or the enforcement of Its rights shall became apart of the indebtedness payable on demand and shall bear interest at the Neie rate front the data bf the ekpend(ture.until repaid. Expenses covered by this paragraph include,. Without tintitatian, however subject to any limits under applicable. taw, tender's reasonable attorneys' fees and Lender's Jagal expenses whether,or not there. is a lawsuit; including reasonable attorneys' fees and expenses for bankruptcy. proceedings {including efforts to modify or vacots any automatic stay or injunction}; appeals, and any anticipated postjudgment colieclion services, the cost of searching records, obtaining tltle- reporis (Including foreclosure.reports), surveyors' reports, and appraisal fees, ttlie insurance, and fees tar the Trustoe, to ttre ektent permitted by applicable law. Grantor also wilt pay any court costs, lh addition to al! other sums provided by taw. Rlghis of Trustee. Trustee shalt _hove ail of the rights• and duties of tender as sat forth in this section, POWERS AND 09tIGATIONS OF TRUSTEE; The fallowing provisions rotating to the powers and obligations of. Tnistee are part of this Deed of Trust: ' Powers. of Trustee, �In addition to all powers. of Trustee arising as a_ matter at law, Trustoe shaif have the power to take the follaw3ng actions with respect to the Property upon the written request of tender and .Grantor: (a} join in preparing and tiling a map ar plat of the Real Property, including the dedication of streets•or other rights to the public; (b} Join to granting any easement or creattng any restriction oil the Real Proporty; and (c) Join in any subordtnatlon or other agreement affecting ibis Deedof Trust or the interest of Lendor under hits Deed of Trust. t]611gailaps to Notify. Trustee shalt not be obligated to notify any other party of a pending sate under�any other�trust deed ar Ilan, or of any action or proceeding in .which Grantor, Lender, or Trustee shall be a patty, unless the action ar proceeding is brought by Trustee. Trustee. Trustee shall meet. all quailticattons required for Trustee under applicable taw. in addition to the rights and .remedies sat forth .above, 4vith fespect to ail or any part of the RropeRy, the, Trustee shad Gave the.righlio foreclose by notice and sate,. and tender shall have the right to foreclose by Judiafat foreclosure, in either casein accordance with•and to lFie�full extent provided by applicable tare. Sticcessdr Trustoe. Lendor, at. Lenders option, may front time to lime appoint a successor Trustaa 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 o(ADA County, Stale of Idaho, The instrument, shall contain', in addition to all other matters required 6y state taw, the names. of the original Lander, Trtistae, and Grantor, the taook and pacJe where this peed of Trust Is recorded; and tho�name and address of -the successor tnisteQ, and the instnimerit shalt be executed and acknowledged by Lender or its successors tri interest Ttie suceessortrustee, without conveyance of the Property, shall succeed tb ail the title, power, and duties conferred.upon the Trustee (n this Dead of Trust and Ely applicable law: This procedure for substitution of Trustoe shalt govern to the' oxcluston of ail 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, sate shalt be glean in. writing, and shelf .be effective when actually delivered, when actually received by talefacsimile (unless otherwise required by law}; vrhen .deposited with a nalionaity recognized overnight courier, or; if matlod, when deposited• in the United States mail, as first class, certlfiect or registered trail postage prepaid, direcCed to the addresses shown near the beflicining of this Deed of Trust. Alt copies. of notices of foreclosure from the holder of.any Ilan wtitch has priority over this Deed of Trust shad be:senf to lender's address, as shown near fho beginning of �thls l7.esd of Trust .Any party may change its address far notices under this Deed of Trust. by giving forinaf written notice M ilia ocher parties, specifying that the purpose of the notice is to change .the patty's address. For notice purposes, Grantor agrees to keep Lsndar informed at all times of Grantor's current address. Unless otherwise prav(ded ar required by la4v, if there Is more than one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to all Gfantors. MISCELLANEQUS PROVISIONS. The failo+tiing miscellaneous provisions ate 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 Tfust. No alteration of. or amendment to this- Dead of Trust shall be affective unless given in writing and .signed by the party or pariies:sought to be charged or• bound by the alteration ar amendment. Annual Reports, If the Property Is used for purposes other than Grantor's residence, Grantor shall rurnlsh to Lender, upon request, a certified statement of net operating income received •from the Rraperty during Grantors previous. fiscal year in such form and detoil as Lander sfiallrequlre. "Net•dperattng Income" shalt meAn ail cash receipta from the Property less all cash expenditures made (n connection with the operation of the Property. Caption Headings. Gaption headings in' th[s Deed of Trust:are for convenience purposes only and are not to be used to interpret .or.detine fho. provisions of this Deed of Trust. Mergor. There shalt be no merger of the •Interest or estate created by this Deed. of Trust with any other interest orestate. in the Property at any time held by or for the benetit.bf Lender In anY �pacily, Without the written consent of tender. Governing Law. This. Dead of Trust will ba governed by federal taw applicable to Lender and, to the extant trot preempted by federal IavY, fho taws of the State of idatia without regard to its conflicts of law prov►siotis. This Deed of. Trust has been accepted by Leniier.ln the 5tato of Idaho. Choice of 1lonuo. If there Is a lawsuit, Grantor agrees upon Lenders request to submit to the. Jurtsd(ction of the courts of Mad[son County Stale of Idaho. Joint and .Several Uability. All ohilgatlons of E3orrawer and Grantor under thi$ Deed of Trusf shall be joint and several, and ail references to Qrantgr shall nreah each and every Grantor, and all references to Borrower shalt mean ehch and every Borrower. This means that each Grantor signing below is responsible for ail obligations. In this Dead of Trust. Where any ono or more of the parties is a corporation, parinerstilp, Ilrnl[ed gati(Iity company of simJlar entity, li is not necessary for Lender to tnqu[re Into the powers of any of the officers, directors,• partners, members, or othor agonts acting 4r purporting to act .on the entity's behalf, •and any obligations made or created In reliance upon the professed exercise of such powers shalt be guaranteed under this Deed of Trust. Na Waiver by Lendor: Lender shall not bo deemed.to have waived any rights under this Dead of Trust unless such waiver Is given lrr writing and sighed_ by Lender. No delay or omtss(on pn the part of lend@r in exorcising any right shall operate as a waiver of such right• or any other right. A tiyalver by Lender of a provision of this Dead of Trust shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict cainpiiance with lha.t provision or any other provision of this Dead of Trust. Nq prior evolver by Lender, nor any course of dealing between Lander and Grantor, shall consti(ute a vraiver of any of Lender's rights or of any of Grantor's obligations as to any future DEAD OF TRUST (Continued). ,:. transactions. Whenever rho consent of Lender.is required under this Deed of Tryst, the granting. of such. consent by Landon In any instanoe shall net constitute coritinriing consent to, subsequent instances Where.sucti consent is required and in all cases such consent may be granted or withheld. In Uia sots discretion of Lender. Saverabllity. If'a court of competent jurisdictign finds any prolr(slon of this Dead of Trust to be Illegal, Invalid, or unontorceatila as to any person or circumstance, thatfinding shall not make the offending provision illegal, invalid, or unenforceaktle as to shy other pa'rsoh or circumstance. if feasible,. the offending. provision shall t)e considered modified so. that it becomes legal, valid and enfarceabla, If the offending prgvlslon cannot be so modified, it shall be• considered deleted from this Dead of Trust. Unless otherwise required by law; the Illegality, invalidity, or unenforceabillly of any prevision of this Deed of Trust shaft not affect the IegAlity, validity or enforceability. of any ether provision of this Dead of Trust: Successors and Assigns. SubJact to any il[nitations stataci in ihis Deed of Trust'ori transfer o! Grantor's interest, this Daed of Trust shall be 6lnding (span and Inure to the benefit of the parties, chair successors and assigns. If ownership of the Property becohtes vested in a person other than Grantor, tender, without notice to Greritbr, may deal with Grantor's successors with reference. to this Dead 'of Trust 'and the Indebtedness by Way of forbearance or extension wtthout releasing Grantor from the obligations of this Daed. of Trust or ilabliuy under the Indebtedness, Time is of the Essence, Ttme is• of the essence in the performance of this Deed of Trust. Waiver of Homestead Exettlption., Grantor hereby releases and walves.all rights rind benefits of the homestead exernpilon laws of the State of idaha as to all Indebtedness secured by this Deed of Trust. DI:FINiT10NS, The following capitalized words. and !arms shall have the following meanings when used in this Dead of Trust. Unless specifically stated to the contrary,. sit references to dollar arrtounls shall mean amounts in lawful money of the United States of America. Words � and teYnis used in the singularshall include tits plural, arid the plural shall include the singular, as the cantext.may require, Worts and terms not otherwise defined in ihis Deed of Trust shall hays. rho meanings attributed to such terms. (n the Uniform Commarctal Code; Beneficiary. The word "Beneficiary" means C{tizens Community Bank, Division of Glacier Bank, and Its successors and assigns, Borrower, The word "torrower' means FLUID REAL ESTATE INVESTMENTS LLC and includes alj co-signers and co -makers signing the Nate and all their successors and assigns. Deed ofTrust, The words "Deed.•of Trust" mean th[s Dead of Trust among. Grantor; Lender, and Trustee, and includes without Itmitatlon all assignm�nt'and security interest provisions relating to the Personal Property�and Rents. Default: Tha Word "Default" means `the Default set forth in this Deed of Trust in the section titled "Default". Environmental Laws. Ttte words "Environmental Laws" mean any and all state,• federal and local statutes, regulations and ardlnances relating to the protection. of human health or the environment, including without•Ilmitation the Comprehensive Enyironmantai Response, Compensation,.:and Debility Act of 1980, as amended, �i2 U:S;C. Section 9601, et seq, ("CERCIA'), the Superfund Amendments and Reauthorization_Act of 1986, Pub. L. Na. 99-�t99 ("SARA"),:the Hazardous A4ateriais Transportation Act,.�i9 U.S.C..Sectlon 1801, et seq„ !tie Resource .Cansarvation and Recovery Act, �t2 U,S,C. Section 6901, et seq., or other applicable state or federal laws, rotes, or regulations adopted parsuant thereto, ' Event of Default. Ttte words "Event of Dafauit" mean any of the events of defau�tset forth in this Daed of Trust in the events of default section of this Daed of Trust. Grantor, The:word "Grantor" means FLUID REAL ESTATE INVESTMENTS LLC; and EJS, LLC. Guarantor, Tjre word "Guarantor" means any guarantor, surety, pr accommodation party of any.or all of tits Indobtedrtess, Guaranty. Tha. word "Guaranty" means the.guaranty from Guarantor to Lender, including without limitation a guaranty of ail or part of the Note, Hazardous Substances. Ttie Words "Hazardous Substances" moan materials that,. because of their quantity, concentration or physical, chemical or infectious' chiaracter(stfcs, may cause or pose a present or potential hazaid to human .health ar the environment.when improperly used, treated,. stored, disposed of, generated, manufactured, transported cir otherwise handfed. Tho words "Hazardous •Substances"• era used to their very broadest,sense and include without Ilmitetion any and ail hazardous or toxic 'substances, materials or waste as defined.by or listed under the Environmental laws. The term "Hazardous Substances" also includes, wlthouC limitation, petroleum and petroleum by-products o'r Any iractfbn tfiereof and asbestos. Improvements. Tha word "Improvements" means all ezisttng and future improvements; buildings, strugtures; mobile !tomes affixed on the Real Property. faculties, additions, replacements and other construction on the Real Property. Indebtedness, The Word "tndabtednass" me�tn's ati prindpal, interest, and other amounts, 'costs and expenses payable under trio Note br Related Documents, together with all renewals of, extensions of, modfflcations of consolidations of and substitutions for the Note or Related Documents and any amounts expended of advanced by Lender to discharge Grantor's obfigatio�s.or expenses incurred, by Trustee or Lender to enforce Grantors obiigatlons undor this Daed oFTrust, togeiherwlth InteresE on such amounts as provided in this Daed of Trust. SpaciUcaUy, Without ilmitaUon, Indebtedness includes all: amounts that may be Indirectly secured by the Cross•CollAteraifzation provision of this Deed of Trust. Lender. The word "Lender" means Citizens Community Bank, Division of Glacier Bank, Its successors and assigns. Note. me worn "Note" means lha:promissgry note dated .June _3; 2019, In the or�ginai print:ipal amount tat' $3,5t}0,000.00 from Borrower to Lender, together with aft renewals of. extensions of,. rrtodlftcatlons of, rotlitahcings of consolidations of, and substitutions for•the promissory�nole or agreement. NOTICE TO GRANTOR: THE NqT& CONTAINS.A VARIA9LE INTEREST RATE. Personal Properly, The words `Personal Property" mean ail equipment, fixtures, and other articles of personal proper(y,now or hereafter otvnad by Grantor, and (lbw or' hereafter attached or affxed to the Real Property; together with all accessions, parts, and additions to, all �eptacements of, and aft substitution's for, any of such property; and togetherwlth all proceeds (Including wtthout llmUation all insurance proceeds and refunds of. premiums? froth any Baia or other dlsposttfon of the Properly, Property: The Word "Propari'y" means coilectiveiy the Real Property and the Personal Property, Rpal Property. Tits Words °Reai Property" meant ihe:real property, interests and r(yhts, as furtttardesctibed fn this Dead of Trust. Related Docurnants, The words "Re[aled Documents" mean all promissory notes, credit agreements, loan agreements, security agreements, mortgages., deeds of trust, security deeds, .cojlateral mortgages, and all other instruments, agreements end documents, whether now or hereafter existing, executed in connection with the _indebtedness; except that the words do not mean any guaranty or onvirontnontol agreement, whether now or hereafter existjng, exocutod. in connection with the indebtedness. Rents, Tha word "Rents" means ail present. and future rants, revenues, Income, Issues, rgyalties, profits, and other benefits derived from the Property. Trustee: Ttte word "Trustee" means PIONEER TITLE COMPANY OF ADA COUNTY, whose address is 8151 W. RIFLEMAN AVENUE, BCISE, ID t33704 •and any substitute or successor trustees: DEED OF TRUST (Continued) Page.? EgCH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PR�VISlON3 OF THIS DEED OF TRUST, AND EACH GRANTOR AGREES TO ITS T[RMS, GRANTOR; FLUID R,E%A,L�5� (pl ESTMENTS L�LC�y t3y: �. vianager of FLUID REAL ESTA I I C e COUNTY OF ,�r•��' This record was acknowledged before rime on ESTATE INVESTMENTS LLC, an (dafio Llmilo Company,ls the maker of the foregoing record. �OSFi �T4�FOf�i� CO��ISSiO#� #��� NOTARY Pt�t�i.1� SiAT� OF CD�F10 COUNTY OF SS } � n , �O iblQty Company, and FLUID REAL ES' r�TE IN' ERIC' WALL, Mariager of FLUID REAL ENTS LLC, an Idaho Limited Liability Notary Pt�iic ltirand (or the State of t�iy°co+ntnlsslon expires �•�� � �t����. ..�� Yy ��yr .yZd�� 6GJ�3F (j trc.=tW? N`kl :�i¢�:5c�v;,r�..��4V% COMRANY ACKNOWLEDGMENT � ss This record was acknowledgod bofore me on �t<„r��� �'� an Idaho Limited Llabillty Company and MORGAN Sh11TN, :Manager of EJS, Limped Llabillty Company, Is the maker oPthe foregoing record. A a _ 20 �" � by NATHAN SMITH, Manager oFEJS, LLC, an tc�tilia� Lt�rlted Uahtlity Company, and EJS. LIC, an Idaho ��fotary f�filailc Ir�`'rand far the Stato of ,fOSi-f STAFT^C�l� -� d �(�€+� �#��� �M :�ommisslon ex Ires ''�`'°���� ����`�e7�:: i�iO�A��{ i���.f%. t ,�--.� ��Kt�t��.n,.d�t�r ;,xs��,j�r1;,�= w<,3���'-s-s r •�<a` 5T�TF C7F IDA�iO � t�`��st���':� �fr���� �� � _. REQUEST FOR FULL RECONVEYANCE (To be used only when abligailons have been paid in full) To; ,Trustee The undersigned is the. legal owner :and holder of elf Indebtedness secured by this Deed of Trust. All sums secured by this Deed o(Trust have beott fully paid and saltsfled, You are hereby directed, upon payment to yoq of any sums owing to you under• the terrris of.lhis Deed of Trusb or pursuant to. any.appllcable 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 WaRanty, to the_ . parties designated by the terms of this Deed of Trust; the estate now lield by you under this_ Oeed of Trust. Please malt the reconyeyance and Rolatad Documents to: Dato: Doneflciary: sy: Its: kaserPro, Vor. 1t3;4,20.085 Copr. F(nastra USA Corporation 1997, 2019. All Rights Resenrad, • ID C;ILPLOCAL�CFIILPLlG01.F.G TR-64II21 PR-3 RECORDATION REQUESTED BY: Citizens Community Bank, Division of Glacier Bank Roxburg Branch 452 North .2nd East Roxburg, ID 83440 WHEN RECORDED MAIL TO: Cltiz©ns Cammunfty.8ank, Division of Glacl°r Bank Rexburg Branch A52 North 2nii East Rexburg, ID 83ad4 SEND TAX NOTICES TO: Citizens Community Bank, Division of Glacier Bank Rexburg Branch 452 North 2nd East Rexhurq, tD t33dd0 SPACE ABOVE -THIS LitJE IS FOR RECORDER'S USE ONLY, 1 l i � I k ;� ; ', I `i i I' r I � �� I i .ASSIGNMENT OF RENTS THIS ASSIGNMENT OF RENTS dated June 3, 2019, 1s made and executed between FLUID REAL ESTATE INVESTMENTS LLG, AN IDA.NO LIMITED LIABILITY CtaMPANY, AS TO A 85.5% UNDIVIDED INTEREST whose address is 2880E 1,4TH N, {DAHO FALLS, tD 83401-4846 and EJS, t,LC, AN iDAHO LIMITED LIABiLiTY COMPANY, AS TO A 14.5% CINDIVlDEp INTEREST whose address Is 650 E LAVA FALLS, MERIDIAN, ID 83ti46-3746 (referred to below as "Grantor") end Citizens Community Bank, Divislr?n of Gtacler. Bank, whose address is 452 North 2nd East, Rexburg, )[] 83440 (referred to below as "Lender"?. AS5IGNM�NT, For valuable consideration, Grantor hereby assigns, grants a continuing .security interest in, and conveys to Lender a!i of Granter's right, title, and interest In and to the Rerits from the.following described Property located In .ADA County, State of Idaho;. LOT 2 iN BLOCK 25 OF t3RIDGiwTOWER CROSSING SU13DtVIStON NO. 7, ACCORDING TO THE ..PLAT THEREOF, FILED IN BOOK 92 OF PI�+,TS AT PAGES} 10918-'10919, RECORDS OF ADA-GOC3NTY, IDAHO. The Property or its address Is commonly knotiarn as 31 � 0 WEST QUINTALE DRIVE, MERIDIAN, ID 83646, CROSS-CoLLATERAt.(T_ATION, In addition to rho Note, this Assignmont secures all ohligotlons, debts and liab1111les. plus interest thereon, of either Grantor or Borfower to Lender, or any one or mare of them, as welt as all claims by t.endor against Borrower and Grantor or any. one or rnore o! 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 unllquidaled, whether Borrower or Granter may be liable individually or jointly �,vi1h others, whether obligated as guarantor; surety., accommodation party or otherwise, and_ whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, -and whether the otiligatlon to repay -such amounts may bo or hereafter may become otherv�ise unenforceable,. THIS ASSIGNMENT FS GIVEN TO -SECURE (1} PAYh1ENT OF THE INDEBTEDNESS, AND (2) PERFORMANCE OF ANY AND ALt OBGGATIONS OF BORROWER ANTI GRANTOR UNDER THE NOTE, THIS ASSIGNMENT, AND THE RELATED DOCUMENTS, THIS ASSIGNMENT IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: 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, includlrig a clalrn for deficiency to the extent Lender is otherwise emitted to. a claim for deficiency, before or after Lender's commencenterit or compietian of any foreclosure action, either judicially or by axe"rcise of a power of sale. BORROWER'S WAIVERS AND FiESPONSI81LiTIES. Lender need not tell Barro�ver about any action or inaction Lender takes in connection with .this Assignment. Borrower assumes the responsibility for being and. keeping informed about the Property. Borrower waives any defenses that may arise Because of any action or inaction of Lender,,including without Ilmitatfon any failure of Lender to realize upon the Property, or any delay by Lender in realizing upon the Properly. Borrower agrees to remain liable under the Nota with Lender no matter what action- Lender takes or faits to take under this Assignment. PAYMENT AND PERFORMANCE. Except as olheitivise. provided in this Assignment or any Related Documents, Grantor shot► pay to Lendoi all amounts. secured by this Assignment as they become due, and shell strictly perform all of Grantor's obligations under this Assignment. Unless and uhtli Lander pxerdses its right to collect the Rents as.provided below and so tong as there Is no defAult under this_Assignment, Grantor may remain in possession and control of and operate and manage the Property and coiloct the Rents, provided that the granting of°lli© right to collect lho Rents shall noGednstitute Lender's consent td the lisp 6f cash colirate[al in o bankruptcy proceeding. GRANTOR'S REPRESENTATIONS AND WARRANTIES. Grantor warrants that: Ownarsh►p. Granter Is entitled to receive the Rents trap and clear of All rights, inans, ilens, encumbrances, and claims except as disclosed to and accepted by Lender in writing. Rlghi to :Assign. Grantor has the full right, power and authority to enter into this Assignment and to Assign and .convey the Rents fo Lender. No Prior Assignmont. Grantor has not previously assigned or conveyed the Reels to any other person by any instrument now in force. Na Furlhar Transfer. .Grantor will not sell, assign, encumber, or .otherwise dispose of any of Grantor's rights in 'the Rents except as prov(dod in this Assignment, LENDER'S RIGHT TO RECEIVE'ANR COLLECT RENTS, Lender.shali have rho right ak any limo, and oven though no defoultshah-hove occurred under this Assignment, to collect and receive the Rents: For this purpose, Loader Is herety given and granted the fallowing rights,. powers and authority: Notice to Tenants. Lender may send notices to arty and all tenants of the Prapisrty advising them of this Assignment and directing aIi Rents to be paid directly to Lender or Lender's agent. Enter the Property. Lander may enter upon and take possession of the Property; demand, collect and receive tom the tenants or from any other persons liable therefor, all of the Rent3; Institute and carry on All legal proceedings necessary far rho protpctlon of the Properly, including such proceedings as may ba necessary to recover possession of the Property: collect the Rents, and remove any tenant'or tenants or other persons from the Property. Maintain the Property. Lender may enter upon the Property to maintain the Property and keep the same in repair; to pay the costs thereof and of all services. of all employees, including their equipment, anti of all cnnlinuing costs and expenses of malnialning rho Property In proper repair and condit(on, and also to pay all taxes;. assessments and water utilities, and rho premieres on tiro and other insurance effected by Lander on the Property. ASSIGNMENT QF RENTS (Continued) Page 2 Compliance with Laws: Lender may do any and all things to execute and comply with (he laws of the State of Idaho and oiso all olhor laws, rules, orders, ordinances and requirements of all other governmental agencies affecting the Property. Lease the Property, Lender may rent or lease thef whole or any part of the Property for such terra or terms and on such conditions as Lender may deem appropriate, Employ Agents. Lender may engage such' ardent or agants as Lender may deem appropriate, either In Lender's name or in Grantor's name, to rent and manage file Property, including the collection and application of Rents. Other Acts. Lender may do all such other things and acts with respect to the Property as Lender may deem appropriate and may act exclusively and solely in the: place and stead of Grantor and to have all of, the powers of Grantor for the purposes stated above. No Requirement to Act. Lender shall not be required to do any of the foregoing acts or things, and the fact that Lender .shall have performed one or more of the foregoing acts or things shall not require Lender to do any other specific act or. thing, APPLICATION OF RENTS, Ali costs and expenses incurred by Lender in connection with the Properly shall be for Grantor's account and Lender may pay such costs and expenses from Iho. Rents, Lender, in Its sole discretion, shall determine the application of any and all Rents received by it; however, any such Rents received by Lender which are not applied to such .costs and expenses shall be .applied to the Indebtedness. All. expenditures made by Lender under this Assignment and .not reimbursed from the Rents shall become a part of the Indebtedness secured by this Assignment, and shall be payable on.domand, with Interest at the Note rate from date of expenditure until paid. FULL. PERFORMANCE, If Grantor pays all of the, indebtedness when dud and otherwise performs all the obligations imposed upon Grantor under this Assignment, the Note, and the Related Documents, Lender shall execute. and deliver to Grantor a suitable satisfaction of this Assignment and suitable statements of termination of any financing statement on file evidencing Landers security Interest in the Rents and the Property.. Any termination fee required by law shall be paid by Grantor, If permitted by applicable law. LENDER'S EXPENDITURES, If any action -or proceeding Is commenced that would materially affect Lender's Interest in the Property or If Grantor fails to comply with any provision of this Assignment or any Related Documents, including but not limited to Grantor's failure to discharge or pay when due any amounts Grantor is required to discharge or pay under this Assignment 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 Rents or the. Propartyand paying all costs for Insuring, maintaining and preserving the Property, AII. such expenditures incurred or paid by Lander for such purposes will then bear Interest at the rate charged under the Note from the data incurred or paid, by Lender to the date of repayment by Grantor. All such expenses will_become a part of the Indebtedness and, at Lender's 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 terra of any applicable insurance policy; or (2) the remaining term of the Note: or (C) be treated as a Balloon payment whicli will be due and payable at the Note's maturity. The, Assignment 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. DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Assignment: Payment Default. Borrower faiissto make any payment when due under the indebtedness. Other Defaults, Borrower or Grantor falls to comply with or to perform any other term, obligation, covenant or condition contained in (his Assignment or in any of the Related Documenls or to comply with or to perform any term, obligation, covenant or condition contained In any other agreement between Lender and Borrower or Grantor. Default on Other Payments, Failure of Grantor within the (line required by this Assignment to make any payment (or taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any Ilan. Default in Favor of Third Parties. Borrower, any guarantor or Grantor defaults 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 Borrowers, any guarantor's or Grantor's property or abbility to perform their respective obligations under this Assignment 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 Assignment or the Related Documents, is false or misleading in any material respect, either now or at (tie time made or furnished or becomes false or misleading at any time thereafter, Defective Collateralfzation, This Assignment 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 Grantor's 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 Borrower's or Grantor's 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 the Rents or any property securing the indebtedness. This includes a garnishment of any of Borrower's or Grantor's accounts, Including deposit accounts, with Lender. However, this Event of Default shall not apply If there 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 Aepowts 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. Property Damage or Lass. The Properly Is lost, stoton, substantially damaged, sold, or borrowed against. 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 revokos or disputes the validity of, or liability under. any Guaranty of the Indebtedness, Adverse Change. A material adverse change occurs In Grantor's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is Impaired, insecurity. Lender in good faith believes itself insecure, Cure Provisions, 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 some provision of this Assignment within the preceding twelve (12) months, it may be cured If Grantor, after Lender sends written notice to Borrower demanding cure of such default: (1) cures the default within twenty (20) days; or (2) if the cure requires more than twenty (20) days, Immediately initiates steps which Lander deems In Lenders sole discretion to be sufficient to cure, the default and thereafter continues and completes ail reasonable'and necessary stops sufficient to produce compliance as soon as reasonably practical. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default and at.any time thereafter, Lender may exorcise any one or more of the following rights and remedies, in addition to any other rights or remedies provided by law: Accelerate Indebled.ness. 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 that Borrower would be required. to pay. Collect Rents. Lender shall have the right, without notice to Borrower or Grantor, to take possession of the Property and collect.the Rents, including amounts post duo and unpaid, and apply the net proceeds, over and above Lenders costs, against .the Indebtedness, In furtherance of this right, Lender shall have all the rights provided for in the Lender's Right to Receive and Collect Rents Section, above. If the Rents are collected by Lender, than Grantor irrevocably designates Lender as Grantor's attorney-in4act 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 Lender's demand shall satisfy the obligations for which the payments are.mado, whether or not any proper grounds for the demand existed. Lender mayexercise its rights under tills subparagraph either in person, by agent, or through a receiver. Appoint Receiver, Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with rho power to protect and preserve the Property, to operate the Property' preceding foreclosure or solo, 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 exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver. ipneerfitleCo. 0 Created for: Property Owner(s): Property Address: Enclosed Information: LOCATIONS BOISE,CORP.HEADOUARTERS 81511'lest Rifleman Street Boise, ID 83704 Tel. (208) 377-2700 Fax(208)373-3610 Serving Ada, Boise, Blaine & hwin Falls Counties BOISE, DOVJh1T014N 14141't. Bannock Street Boise, ID 83702 Tel. (208) 373 3744 Fax(208)384-9936 Serving Ada, Boise, Blaine & Twin Falls Counties EAGLE, ID 775 5. Rivershore Ln., Suite 120 Eagle, ID 83616 Tel. (208) 938-8075 Fax (208) 938-8073 Setting Ada, Boise, Blaine & Twin Falls Counties hIERIDIAN, ID 1872 South Eagle Road Meridian, ID 83G42 Tel. (208) 888-7230 Fax(208)888-72GO Serving Ada, Boise, Blaine & Twin Falls Counties fitzgerald@pioneertitleco.com Fluid R/E Invs LLC, Ejs LLC 3110 W Quintale Dr, Meridian, ID 83646 PROPERTY PROFILE 2019-09-10 11 :32:48 Property and Tax Information, Assessor Parcel Map, Plat Map, 2019048401 NAMPA, D01'INT01'JI1 FRUITL'�ttD, ID i0010th Avenue South 139 N.19hit(ey Drive Nampa, ID 83651 Fruitland, ID 83619 Tel. (208) 466-6100 Tel. (208) 452 7500 Fax(208)465.3248 Fax (208) 361-5597 Setting Canyon, Owyhee, Serving Payette County Blaine & Twin Falls Counties COEUR D'ALENE, ID Ave-NAh1PA, IDAHO CENTER 100 E_ Wallace 0 E. Franklin Rd., Suite 150 Coeur d'Alene, ID 83814 Nampa, ID 83687 Tel. (2081664 8254 Tel. (208) 465-6655 Fax (208) 664 9479 Fax (208) 465.6556 Serving Kootenai County Serving Canyon, Otw'7hee, Blaine & Twin Falls Counties POCATELLO, ID 135 N. Arthur Ave. CALD'NELL, ID Pocatello, ID 83204 610 S. Kimball Ave. Tel. (208) 233-9595 Caldwell, ID Fax (208) 234-0621 Tel. (208) 459-1651 Serving Bannock Fax (208) 459-6635 & Power Counties Serving Canyon, Owyhee, Blaine & Tvvin Falls Counties IDAHO FALLS, ID 1655 Elk Creek Dr., Suite 100 EMMETT, ID Idaho Falls, ID 1500 S.1'Jashington Ave. Tel. (208) 542-0040 Suite B Fax (208) 542-0080 Emmett, ID 83617 Serving Bonneville County Tel. (208) 365-5343 Fax(208)365-3650 Setting Gern County KETCHUM, ID 491 N. Main St., Suite 102 Ketchum, ID 83340 Tel. (208) 726-G954 Fax (208) 726.6991 Sewing Blaine County DAVENPORT.1'JA 403 Logan Street i PO BOX 309 Davenport, V(A TM/ Tel. (509) 725.3161 Fax (509) 725.0680 Serving Lincoln County PUlLt�1AN.'rVA 840 SE Bishop Blvd., Suite 102 Pullman,l'IA 99163 Tel. (509) 334-2210 Fax (509) 332-2086 Serving'Vhitnnan County Ada County Parcel Information Parcel ID #: R1079920510 Property Addr: 3110 W Quintale Dr Meridian, ID 83646-7606 Property Type: Commercial Owner Information Owner Name: Fluid R/E Invs LLC Second Owner: Ejs LLC Mail Addr: 2880 E 14 N Ammon, ID 834014846 Assessor Information Legal Desc: LOT 02 BLK 25 BRIDGETOWER CROSSING SUB NO 07 Subdivision: Bridgetower Crossing Sub No 07 Lot/Block: 2/25 Twn/Rng/Sec: T:04N R:01W 5:35 Acres: 2,0050 Irrigation Dist: SETTLERS IRR Tax Code Area: 03 Levy Rate 2017: N/A Levy Rate 2018: 01011673715 Levy Rt Change: Zoning: City of Meridian-C-G Homeowner $0 Exemption: Land Information Residential Acres: 0 Water Source: Public View: Utilities: Underground R County Ass ssior Treasurer Information Year: 2016 Year: 2017 Year: 2018 Assessor Categories Year Cat, Description 2019 210 COM LOT OR TRACT Commercial Acres: 2.005 Sewer: Public Water Influence: 1 Topography: Level Other Acres: 0 Sidewalks: Y Water Frontage: 0 Recreation: Totals: Tax: $8,235 Tax: $8,297 Tax: $7,851 Acres Value 5 $703 100 2,00, 2.005 $703,100 Street: Asphalt/Concrete Curbs and Y Gutters: Corner: N a4a 3 Z �y ay C aBa e 4:no 2 a?,^q n c w A ti G o N 200.00 e.n 1 10' yoiO- 8 �e�,- .� � w• Ij� e 00 j rn pp1J t F 0) I I O N 12JF+� 1I I' II 200.00' _ S 0(753'19• IN BRIDGE TOWER CROSSING SUED. 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DOCUMENT. Recording Requested By and When Recorded Return to: EJS, LLC 650 E. Lava Falls Street Meridian, ID 83646 ,l i41`'Yet \X:i ADA COUNTY RECORDER PH11 McGrane 2019-048401 BOISE IDAHO Pgs=6 VICTORIA BAILEY 06/06/2019 02:49 PM PIONEER TITLE COMPANY OF ADA COUNTY $15.00 SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY For the consideration of Ten Dollars ($10.00} and other valuable consideration, Pr'tmeland Investment Group, LLC, an Idaho limited liability company ("Grantor") hereby conveys, grants, bargains and sells to Fluid Real Estate Investments LLC, an Idaho limited liability company whose address is 2880 E 14th N, Ammon, Idaho 83401, as to an 85.5% undivided interest, and EJS, LLC, an Idaho limited liability company whose address is 650 E. Lava Falls Street, Meridian, Idaho, 83646, as to a 14.5% undivided interest (Fluid Real Estate Investments LLC and EJS, LLC are collectively "Grantees"), the following described real property situated in Ada County, State of Idaho, together with all of Grantor's right, title and interest in and to adjacent streets, alleys and rights -of -way ("Property"): Lot 02 in Block 25 of Bridgetower Crossing Subdivision No. 7, according to the plat thereof, filed in Book 92 of Plats at pages 10918 to 10919, records of Ada County, Idaho. TOGETHER WITH all and singular the tenements, hereditaments, easements, rights and appurtenances thereunto belonging or in any way appertaining, the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and all estate, right, and interest in and to the Property, as well in law as in equity. The liens, encumbrances and other matters listed on Exhibit A attached hereto and by this reference made a part hereof as fihe exceptions permitted to title previously accepted by Grantees. TO HAVE AND TO HOLD said Property unto Grantees and their successors and assigns forever. Grantor, for itself, its heirs and assigns, does hereby covenant to and with the said Grantees, that Grantor is lawfully seized of said Property in fee simple; and Grantor warrants that the title to said Property is merchantable and free from all liens and encumbrances, excepting those to which this conveyance is expressly made subject, and that Grantor will warrant and defend the same from all other lawful claims whatsoever, subject to all taxes, levies and assessments, and U.S. Patent reservations, restrictions, and easements of record. [SIGNATURE ON FOLLOWING PAGE] WARRANTY DEED - 1 IN WITNESS WHEREOF, Grantor has executed this instrument on this 2019. STATE OF IDAHO County of Ada ) ss. This record was acknowledged before me on this day of June, 2019, by John T. Berg as the Trustee of the Bews Foundation, the sole member of Primeland Investment Group, LLC, day of June, GRANTOR: PRIMELAND INVESTMENT GROUP, LLC, an Idaho limited liability company By: Jo h�i T. Berg�Txustee The Bews Foundation - sole member of Primeland Investment Group, LLC IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. JOSH S'rArr-ono co��t►���o� ���:t� NOTARY PUBLIC STATE OF liDAHO WARRANTY DEED - 2 Notj Pudic for Idaho IVcommission expires 'air, Bod PER�fIITTED EXCEPTIONS '(. Any defect, (ien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records or is created, attaches, or is disclosed between the Commitment Date and the date on which all of the Schedule B, Part I- Requirements are met. 2. Rights or claims of parties in possession not shown by the public records. 3. Encroachments, overlaps, boundary line dispufies, and any other matters which would be disclosed by an accurate survey or inspection of the premises including, but not limited to, insufficient or impaired access or matters contradictory to any survey plat shown by the public records. 4. Easements, or claims of easements, not shown by the public records. 5. Any lien, or right to a Lien, for services, labor, or mafierial heretofore or hereafter furnished, imposed by law and not shown by the public records. 6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the Issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 7. Taxes or special assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices to such proceedings, whether or not shown by the records of such agency or by the public records. 8. Genera taxes for the year 2018, which are liens, of which fihe first half has been paid, and the second half of which will not become delinquent until June 20, 2Q19. Parcel No.: 03 R1079920510 Amount: $7,850654 9. General taxes for the year 2019, which are liens and are not yet due and payable. Parcel No.: 03 R1079920510 10. Real property taxes which may be assessed, levied against this land and extended on any subsequent roll with respecfi property sold or constructed upon by the developer during the year which may have had an exemption applied and escaped assessment on the regular assessment roll, which are not yet due and payable. Said assessments will be prorated to the beginning of the quarter in which the land was sold or constructed upon by the developer in regards to removal of any exemptions, pursuant to IC 63-602Y. 11. Sewer charges and special assessments, if any, for the City of Meridian. Email: assessment@meridiancity.org WARRANTY DEED - 3 Ph: (208) 888-4433 12. Liens and assessments of the following district and the rights and powers thereof as provided by law. District: Settlers Irrigation District Ph: (208) 344-2471 13. Rights of way for ditches, tunnels and telephone and transmission lines constructed by Authority of the United States, as granted to the United States under the provisions of Section 5M04 Idaho Code 1947. 14. Covenants, Conditions, Restrictions and Easements Recorded: November 27, 2001 Instrument No.: 101124464 Amendment to said covenants Recorded: October 3, 2002 Instrument No.: 102114488 Amendment to said covenants Recorded: January 18, 2006 Instrument No.: 106008340 Amendment to said covenants Recorded: December 22, 2009 instrument No.: 109141712 15. Liens, dues and/or assessments owing the association herein named which may have heretofore attached pursuant to the terms and provisions of covenants, conditions and restrictions imposed upon said premises. Association: Bridgetower Owners Association, LLC 16. Covenants, conditions, restrictions and easements as set forth on the plat. Name of Plat: Bridgetower Crossing Subdivision No. 7 Book/Page: 92/1091 &10919 17. An easement containing certain terms, conditions and provisions affecting a portion of said premises and for the purposes stated herein In Favor of: Idaho Power Company Recorded: November 18, 1998 Instrument No.: 98110788 Affects: The West 45' and the North 60' of the Northwest quarter of the Northwest quarter, which lies in Block 25 18. An easement containing certain terms, conditions and provisions affecting a portion of said premises and for the purposes stated herein In Favor of: Idaho Power Company Recorded: February 26, 1999 Instrument No.: 99019086 WARRANTY DEED - 4 Affects: The West 45' and the North 60' of the Northwest quarfier of the Northwest quarter, which lies in Block 25 19. An easement containing certain terms, conditions and provisions affecting a portion of said premises and for the purposes stated herein In Favor of: City of Meridian Recorded: February 22, 2001 Instrument No.: 101015267 Affects: The West 48' of the Northwest quarter of the Northwest quarter 20. Terms, conditions, and provisions of Crossing Agreement Between: Settlers Irrigation District and Idaho Power Company Dated: April 26, 1999 Recorded: April 27, 1999 Instrument No.: 99041675 Addendum/amendment fio said Agreement Recorded: May 24, 1999 Instrument No.: 99052195 Affects: The Lemp Lateral in Lots 22-30, Block 10 and Lots 1, 2 and 3, Block 25 21. Terms, conditions, and provisions of Developmental Agreement Between: City of Meridian and E.L. Bews and Young Lands Primeland Development Dated: November 8, 2001 Recorded: November 8, 2001 Instrument No.: 101117652 Addendum/amendment to said Agreemen# Recorded: May 22, 2008 Instrument No.: 108059795 22. Terms, conditions, and provisions of License Agreemenfi Between: Settlers Irrigation Dis#rict and Primeland Development Co., LLP Dated: July 30, 2003 Recorded: August 4, 2003 Instrument No.: 103130009 Re: The Lemp Lateral Affects: Lots 22-30, Block 10 & Lots ' 1, 2 & 3, Block 25 23. License Agreement for Bridgetower Crossing Subdivision No. 7 and 9 Between: Settlers Irrigation District and Primeland Development Co., LLP Dated: February 23, 2005 Recorded: February 24, 2005 Instrument No.: 105022048 WARRANTY DEED - 5 24. An easement containing certain terms, conditions and provisions affecting a portion of said premises and for the purposes stated herein In Favor of: Ada County Highway District Recorded: March 10, 2005 Instrument No.: 105028982 Affects: 5 feet adjacent to North Ten Mile Rd. and McMillan Road and 3 feet adjacent to W. Quintall Drive and N. Montelino Way 25. Covenants, Conditions, Restrictions and Easements Dated: June 17, 2010 Executed by: Primeland Investment Group, LLC and Bridgetower Owners Association, LLC Recorded: September 8, 2010 Instrument No.: 110083538 Affects: Lots 66, 671 68, 69 and 70 in Block 10 and Lots 1, 2 and 3 in Block 25 26. Rights of way as disclosed by available maps. For: Lemp Canal Affects: Lots 22-30, Block 10 and Lots 1, 2 and 3, Block 25 27. Terms, conditions, and provisions of Access Easement, Common Maintenance, and Signage Easement Agreement Between: Mercato Center, LLC, an Idaho limited liability company and Primeland Investment Group, LLC, an Idaho limited liability Dated: Recorded: Instrument No.: 4816-3845-2376, v. 3 WARRANTY DEED - 6 company Aprii 302019 , April 30, 2019 2019-035442 STATE OF IDAHO } COUNTY OF ADA ) I Eric Wall Ammo n AFFIDAVIT OF LEGAL INTEREST (name) (city} being first duly sworn upon, oath, depose and say: 1. 2 2880 E. 14th N. Idaho (address) (state) That I am the record owner of the property described on the attached, and I grant my permission to: Adam Garcia (name) 1307 N. 39th No. 103 (address) to subrpit the accompanying applications) pertaining to that property. Nampa, Idaho I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as,to the ownership of the property which is the subject of the application. 3. 1 hereby giant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this 2 9 th day of August 20 (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written, AMAN DA LOVE COMMISSION N0.2019Q604 NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 03/25/25 (Notary Publ��-for Idaho) Residing at: My Commission Expires: Comi•nunity Development =Planning Division ■ 33 E. Broadway Avenue, Ste. l02 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridinn�it�•,ara: I.umin* to Ad AN Pass ;y. _ F ��,�rTdI fff Fit "Wilb For 4 rod im, IF too. doo- I TIFF FIN. 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Aclitm, or'T I Old I FIFF IF IF -Lx FINanyazaaaq�aas _ ' t;' :� 1FF- I'11 Fordo ot— IF anly,aaeuryN �Sa -, f -- j ,c FT FirOF NI l `1 `fit ' p( It'` i f4`I: y NMI o- I IF • �-44 ; I r i 3 \ + i _ t °.IF do t 1,,JyJ}�••, , ftw ''Ii i W [a "� i I it NF � ra I ICY it, � _ *� �: ti - � I ._— } ► 7 5` FIT_ , .f. .3 1 I `'; a _ 7' It .r Id mF I.IN I --- me �- - IF p�-a�i-ual - - --- - IV Ikit It Iff IN I IN IF to IT -fol Of FT 1 1 I i Ni F,For to IN S or"I III vorm IF Ir J -FIN r� , _.,. z. - VFNNI, , IF _ y I ITT re { I t LL NN Front LL PIN I I Far FT did, 0 A.,"I It IL F IF ` I i : : I I L..• IF r I 1 IT IF !Wn W N m N F o i SOxo s � e 3 o n€ F$ s; so m _ a� aC � Se ccc 'a z no c Y v v a ` � I TEN h1ILE PLAZA SHELL BUILDING MERIDIAN, ID September 19, 2019 Project No. 19-153 9233 WEST STA�fE STREET � BOISE, ID 837�.4 � Legal Description 208,639.G939 ( FAX ?_08,639.G930 A parcel of land being Lot 2, Blocl< 25 of Bridgetower Crossing Subdivision No. 7 (Book 92 of Plats at pages 10,918-10,919, records of Ada County, Idaho), situated in a portion of the Northwest 1/4 of the Northwest 1/4 of Section 35, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho and being more particularly described as follows: Commencing at the Northwest corner of said Section 35, which bears N88°58'19"W a distance of 2,602.82 feet from the North 1/4 corner of said Section 35, thence following the northerly line of said Section 35, S88°58'19"E a distance of 25.00 feet; Thence leaving said northerly line, S00°53'19"W a distance of 25.00 feet; Thence S88°58'19"E a distance of 250.01 feet to the southerly right-of-way line of W. McMillan Road and being the POINT OF BEGIIV�IING. Thence following said southerly right-of-way line, S88°58`19"E a distance of 9.08 feet to the Northeast corner of said Lot 2; Thence leaving said southerly right-of-way line and following the easterly boundary line of said Lot 2, S01°01'41"W a distance of 397.96 feet to the northerly right-of-way line of W. Quintale Drive; Thence leaving said easterly boundary line and following said northerly right-of-way line the following three (3) courses: 1. 60.71 feet along the arc of a circular curve to the left, said curve having a radius of 325.00 feet, a delta angle of 10°42'08", a chord bearing of N83°45'37"W and a chord distance of 60.62 feet; 2. N89°06'41"W a distance of 157,77 feet; 3. N44°06'41"W a distance of 35.36 feet to the easterly right-of-way line of N. Ten Mile Road; Thence leaving said northerly right-of-way line and following said easterly right-of-way line the following three (3) courses: 1. N00°53'19"E a distance of 87.88 feet; 2. N06°35'S7"E a distance of 100.50 feet; 3. N00°53'19"E a distance of 75.81 feet to the northwesterly boundary line of said Lot 2; Thence leaving said easterly right-of-way line and following said northwesterly boundary line, N45°57'30"E a distance of 140.10 feet to the southerly right-of-way line of W. McMillan Road; Thence leaving said northwesterly boundary line and following said southerly right-of-way line the following two (2) courses: 1. S88°58'19"E a distance of 75.81 feet; 2. N$5°19'03"E a distance of 50.25 feet to the POINT OF BEGINNING. EI�1GI��lEERS � SURVEYORS � PLA(\1NERS Said parcel contains 2.002 acres (87,226 sq. ft.), more or less, and is subject to all existing easements and/or rights -of -way of record or implied. �QNFL LANp S ��`��..,�\C E N SF© GAF` o -< �\y J6G62 cP,, ry a /rgTE' 0 F ��P ctc F�``C 1' K E��F, �, �� __.�� � ,� ; �:�� ,� �,-,� d i � I PAGE � 2 Title: Lot 2, Block 25, Bridgetower Crossing No. 7 Scale: finch = 75 feet File: Date: 09-19-2019 Tract 1: 2.002 Acres: 87226 Sq Feet: Closure = s51.1618e 0.01 Feet: Precision=1/129149: Perimeter = 1191 Feet 001=s88.5819e 9.08 002=s01.0141w 397.96 003: Lt, R=325I Delta=10.4208 Bng n83.4537w, Chd=60.62 004=n89.0641w 157.77 005=n44.0641w 35.36 006=n00.5319e 87.88 007= 06.3557e 100.50 008=n00.5319e 75.81 009=n45.5730e 140.10 010=s88.5819e 75.81 Ol 1=n85.1903e 50.25 Customer Permit and Receipt DIAN. City of Meridian 33 E. Broadway Ave. Suite 102 Meridian, ID 83642 D A O Building Services = PH: 887-2211 / FAX: 887=1297 zI7 Planning = PH: 884=5533 / FAX: 888=6854 AddrVerify/Address Verification/NA/NA Permit Project Name Ten Mile Strip Mall Application Number LDAV-2019-0320 Applicant Alex Arias Applicant Address 1307 N. 39Th St. Suite 103, Nampa, ID 83687 Project Address 3110 W Quintale Dr Meridian, ID 83646 Subdivision Bridgetower Lot 2 Block 25 Professional Payor Fees and Receipts: Number Description Total Fees: Total Receipts: Amount 7 Balance Due: $0.00 �p f ' b zsatSx —� :5 §m -o [��6'35'S7•E 100 5 ' N00053419'E aop l el g al cn cn sttutta D D o rn a K � P � �� Fq� (�, S m `g N NDUSTDN ■ BUDAT9CH ��;$ r�a��� TEN MILE PLAZA ARCHITECTS, CHARTER EO �� � n S � �`FF�� rYOi�'�E i O y � :� x 3110W.QUINTALEDR. 1307N.p339TH.STRFF $QS e nNPAbMOf3507 `t^JsEi, MERIDIAN, ID83646 PH. (206) 405.3419 FAX 1203! 4;e' ;1:42 4 f H ■ O U ■ C 1� it u a r m DF4 m ZmZp Mi Z. co . 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STREET g 9 L i3a 1=4� 3 3110 W. QUINTALE DR. r6iA�nnPA IDAHO83687 sa g a MERIDIAN, ID 83646 PH.(26B)465-34/9 FAX (2081 JJ2-3932 P S 1 1 my T ow O1/28/2020 Meridian p&z Dear Sir, Republic Services has Reviewed the Ten Mile Plaza at 3110 W Quintale Dr. 83646 We approve of this site as long as the enclosure is moved 6' to the west to allow for direct drive access. Robert Olson, Operations Supervisor. rolson@republicservices.com [ 11101 W Executive ] [ Boise Idaho 83713 ] [ fax; 208-375-9591 ]