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Application Materials Charlene Way From:clerk@meridiancity.org Sent:Wednesday, May 06, 2020 3:10 PM To:Charlene Way Subject:Development Application Transmittals- Gracie Fighting Academy CUP H-2020-0054 To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. Development Application Transmittal Link to Project Application: Gracie Fighting Academy CUP H-2020-0054 Transmittal Date: 5-6-2020 Hearing Date: June 4, 2020 Assigned Planner: Joe Dodson To view the City of Meridian Public Records Repository, Click Here The above “Link to Project Application” will provide you with any further information on the project. The City of Meridian is requesting comments and recommendations on the application referenced above. To review the application and project information please click on the application link above. The City of Meridian values transparency and makes a variety of information available to the public online through our public records repository. We request that you submit your comments or recommendations prior to the hearing date specified above. When responding, please reference the file number of the project. If responding by email, please send comments to cityclerk@meridiancity.org. For additional information associated with this application please contact the City of Meridian Planner identified above at 208-884-5533. Thank you, City Clerk’s Office 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: 208.888.4433|Email: cityclerk@meridiancity.org To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. 1 Hearing Date: June 4, 2020 Planner: Joseph Dodson File No.: H-2020-0054 Project Name: Gracie Fighting Academy Request: Request for Conditional Use Permit for an indoor recreation facility located within an existing building on 1.26 acres of land in the I-L zoning district, by Ia Falo. Location: The site is located at 149 S. Adkins Way, Suite 103, in the NE 1/4 of the NE '/4 of Section 18, Township 3N., Range lE. DocuSign Envelope ID: D2EEOAE6-DF4B-45C9-84BA-617B6DFABOB9 C� E IDIAN�-- Planning Division DEVELOPMENT REVIEW APPLICATION STAFF USE ONLY: Project name: Gracie Fighting Academy File number(s): H-2020-0054 Assigned Planner: Joseph Dodson Related files: CUP-11-005 (Karate studio in same building) Type of Review Requested(check all that apply) ❑Accessory Use(check only 1) ❑Final Plat ❑Daycare ❑Final Plat Modification ❑Home Occupation ❑Landscape Plan Modification ❑Home Occupation/Instruction for 7 or more ❑Preliminary Plat ❑Administrative Design Review ❑Private Street ❑ DR Modification ❑Property Boundary Adjustment ❑Alternative Compliance ❑Rezone ❑Annexation and Zoning ❑ Short Plat ❑ Certificate of Zoning Compliance ❑ Time Extension(check only 1) ❑ CZC Modification ❑ Director ❑ City Council Review ❑ Commission ❑ Comprehensive Plan Map Amendment ❑ Council ❑ Comprehensive Plan Text Amendment ❑UDC Text Amendment ® Conditional Use Permit ❑Vacation(check only 1) ❑ Conditional Use Permit Modification(0 ✓only 1) ❑ Director ❑Director ❑ Commission ❑ Commission ❑Variance ❑Development Agreement Modification ❑ Other Applicant Information a Falo 208-401-4975 Applicant name: Phone: Applicant address: 1287 N. stonehenge way Email: iafalo26@gmail .com Meridian ID 83642 City: State: Zip: Applicant's interest in property: El Own ®Rent El Optioned ❑ Other Doskeland survivors Trust 208-947-0805 Owner name: Phone: Owner address: 1193 E Winding Creek Dr. Ste 101 Email: Tim@tokcommercial .com Eagle ID 83616 City: State: Zip: Agent/Contact name(e.g.,architect engineer, developer,representative): Representative Firm name: Cushman & Wakefield Pacific Phone: 208-287-8904 999 W Main St Ste 1300 stephen.fifeCdpaccra.com Agent address: Email: City: Boise State: ID Zip: 83702 Primary contact is: ®Applicant ❑ Owner ❑Agent/Contact Subject Property Information 149 S Adkins way Ste 103 3N1E18 1 Location/street address: Township,rangge,section: R5652600500 .2N Assessor's parcel number(s): Total acreage: Zoning district:_-L Community Development■Planning Division■33 E.Broadway Avenue,Ste. 102 Meridian,Idaho 83642 Phone:208-884-5533 Fax:208-888-6854 www.meridianciiy.org/plgnning -1 Rev:(2/11/2020) DocuSign Envelope ID: D2EEOAE6-DF4B-45C9-84BA-617B6DFABOB9 Project/subdivision name: Tenant - Gracie Fighter Jui Jitsu Jui Jitsu school/Academy in I-L zoning General description of proposed project/request: Proposed zoning district(s): Currently I-L zoning. Seeking conditional use Acres of each zone proposed: 2,520 SF in 15,120 SF building on 1.259 acres Type of use proposed(check all that apply): ❑Residential ❑ Office ER Commercial ❑ Employment❑ Industrial ❑ Other Who will own&maintain the pressurized irrigation system in this development? Landlord Which irrigation district does this property lie within? Landlord responsibility Primary irrigation source: Landlord Responsible Secondary: N/A Square footage of landscaped areas to be irrigated(if primary or secondary point of connection is City water): Residential Project Summary(if applicable) Number of residential units: Number of building lots: Number of common lots: Number of other lots: Proposed number of dwelling units and square footage of living area(for multi-family developments only): 1 bedroom: 2-3 bedrooms: 4 or more bedrooms: (up to: 500 sq.feet) (up to:250-500 sq.feet) (up to: 500 up to 1200 sq. feet) Minimum square footage of structure(excl. garage): Maximum building height: Minimum property size(s.f): Average property size(s.f.): Gross density(Per UDC 11-1A-1): Net density(Per UDC 11-1A-1): Acreage of qualified open space: Percentage of qualified open space: Type and calculations of qualified open space provided in acres(Per UDC 11-3G-3B): Amenities provided with this development(if applicable): Type of dwelling(s)proposed: ❑ Single-family Detached ❑ Single-family Attached ❑ Townhouse ❑Duplex ❑ Multi-family ❑Vertically Integrated ❑ Other Non-residential Project Summary(if applicable) Number of building lots:1 Common lots: Other lots: Gross floor area proposed: Existing(if applicable): 15,120 SF Uni t 103 - 2,520 SF Hours of operation(days and hours): 5pm-9pm Building height: Approx. 20' Total number of parking spaces provided: 49 Number of compact spaces provided: None Authorization Ia Falo Print applicant na ' Docu3ioned bv: Applicant signa e:J& P7p1,6 Date: 3/23/2020 13F1 D03596E4494... Community Development■Planning Division■33 E.Broadway Avenue,Ste. 102 Meridian,Idaho 83642 Phone:208-884-5533 Fax:208-888-6854 www.meridianciiy.org/plgnning -2- Rev:(211112020) To whom it may concern: I am a business owner of and professor of Jiu-Jitsu, a martial art discipline.The main purpose of my business is to provide a self-defense that does not involve striking along with fundamental exercises and body movement to keep all students safe and healthy. I feel that I would fit well in this building and area because of the nature of my business and what all the other surrounding businesses are providing. For instance,there is a Karate school in Suite 101 of 149 Adkins, a Dance school in 195 Adkins and a CrossFit Gym in 345 Adkins. All of which are providing personal training and fitness to the community. Our hours of operation are predominately from 5pm-9pm, a time in which most industrial as well as commercial businesses are closed.Therefore,the traffic produced by our customer base will take place mostly in non-business hours and will keep the area from being overly congested. Customer parking should be of no concern as there is ample on-site parking provided on the parcel of 149 Adkins. My students and I would also have no problem parking out on the street of South Adkins Way or East Piper Court, given the corner lot nature of the parcel and aloud use of the city street to park on.. Regarding the City of Meridian's code 11-4-3-2, 1 will be complying and won't cause any issues because all my business activities will take place indoors.There is only one other business operating during the time at which I am operating at on the same property.There would be more than enough room for everyone to park. With there being two martial arts academies operating at this facility, it would bring an influx of respect and propriety to the area. Our main hours of operations are from 5pm to 9pm Monday through Friday and Saturday from 9am to noon.The only time the facility would be used other than those hours would be for a private lesson which consists of two to three people max. Each private lesson will last for one hour and is generally scheduled at a time of convenience. I would hope that each business would feel that we as business owners would provide a variety of services that would help the community as well as each other. A lot of the businesses in the area around add value to each other since they can be used to improve and or help one another's clientele. Furthermore, bringing more business to each of the surrounding businesses causing growth and stability. I thank you for taking the time read this narrative and hope it finds you well. Sincerely, Ia Falo TitleOne titlC & €SCrow C6. 3/23/2020 PropertyOne Profile for 149 S Adkins Way If we can assist you further, please feel free to contact us. Customer Service Contact Information: By Phone: (208)424-8511 By Email: cservice@titleonecorp.com This report is based on a search of our tract indexes of the county records.This is not a title or ownership report and no examination of the title to the property described has been made. For this reason, no liability beyond the amount paid for this report is assumed hereunder, and the company is not responsible beyond the amount paid for any errors and omissions contained herein. ADA COUNTY PARCEL INFORMATION Title One 0a titic&cscraw cv. PROPERTY INFORMATION Ada County Assessor Parcel ID #: R5652600500 Property Address: 149 S Adkins Way Meridian, ID 83642 Property Type: Commercial 1 Owner Information ­0 Owner Name: Survivors Doskeland _Y_ Second Owner: Ginger Doskeland Mailing Address: 577 S Moon Beam Way Eagle, ID 83616 Levy Code 2019: 03 ASSESSOR INFORMATION Levy Rate 2019: 0.01081504 Legal Description: LOT 05 BILK 01 MEDIMONT TAX INFORMATION SUB NO 01 Year: 2019 Tax: $15,767.25 Plat/Subdivision: Medimont Sub No 01 Year: 2018 Tax: $16,164.58 Lot/Block: 5/1 Year: 2017 Tax: $16,340.48 Twn/Rng/Sec: 03N/01 E/18 ASSESSMENT INFORMATION Acres: 1.2590 Irrigation District: Tenmile Creek-Fifteen Mile Year Description Acres Value Creek 2019 Land Value 1.2590 $274,200.00 Zoning: City of Meridian-I-L 2019 Improvement Value $1,183,700.00 Totals: 1.2590 $1,457,900.00 LAND INFORMATION Commercial Acres: 1.2590 Water Source: 1 Sewer: Public Sidewalks: Yes Only land information properties that we have data for are shown. All others are omitted. RESIDENTIAL CHARACTERISTICS Main Floor Sq Ft: 15120 Deck Sq Ft: 0 Bedrooms: 0 Fireplace: 0 Lower Floor Sq Ft: 15120 Porch Sq Ft: 0 Bathrooms: 0.00 Garage Sq Ft: 0 Upper Floor Sq Ft: 0 Patio Sq Ft: 0 Carport Sq Ft: 0 Attic Fin. Sq Ft: 0 Attic Unf. Sq Ft: 0 Year Built: 1999 Bsmnt Fin. Sq Ft: 0 Bsmnt Unfin. Sq Ft: 0 Total Sq Ft: 15120 Total Unfinished: 0 ADA COUNTY RECORDER Christopher D.Rich 2018.084018 BOISE IDAHO Pgs=2 DAN RYALLS 09/05/2018 10:07 AM AMBER MYRICK I AMOUNT:$15.00 II'IIII"'It'I IIIII�IIIII�IIIIII�IIIIIIII I�III III 00638761201800840180020026 Recording requested by and when recorded mail to: AMBER R. MYRICK, P.A. 1087 W. River Street,Suite 150 P.O. Box 7363 Boise, ID 83707-1363 208.982.0005 (Space Above Line for Recorder's Use) QUITCLAIM DEED 149 S.Adkins Way,Meridian,Idaho 83642 GINGER K.DOSKELAND, surviving Trustee of THE ROALD&GINGER DOSKELAND FAMILY TRUST, dated December 1, 1997, as amended, does hereby convey, release, remise and forever quitclaim unto GINGER K.DosKELAND,Trustee of the DoSKELAND SURVIVOR'S TRUST established under THE ROALD&GINGER DOSKELAND FAMILY TRUST,dated December 1, 1997,as amended,all of its right,title and interest in and to that certain real property located in Ada County,Idaho,more particularly as follows: Lot 5 in Block 1 of Medimont Subdivision No. 1,according to the plat thereof,filed in Book 75 of Plats at pages 7794 and 7795,records of Ada County, Idaho. Tax Parcel No. R5652600500 Together with all improvements,easements,hereditaments and appurtenances thereto, and subject to such rights,easements,covenants,restrictions and zoning regulations as appear of record or based upon the premises. QUITCLAIM DEED-P. 1 WITNESS WHEREOF,Grantor has hereunto subscribed its name to this instrument effective the day of , 2018. GRANTOR: THE ROALD&GINGER DOSKELAND FAMILY TRUST, datyDectuber 1, 1997, as amended By: G ER K.DOSKELAND, Surviving Trustee STATE OF IDAHO ) ss. COUNTY OF ADA ) On this a day of , 2018,before me, the undersigned Notary Public in and for said State,personally appe ed GINGER K.DoSKELAND,known or identified to me to be the surviving Trustee of THE ROALD & GINGER DOSKELAND FAMILY TRUST, dated December 1, 1997,as amended,that executed the foregoing instrument and the person whose name is subscribed to the within instrument, and acknowledged to me that said Trustee executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public, State of Id t. My•••►►►►►........,,, Residing at -jul t L/ 1k- ,'••.•�ti •.w'•••..tis X My commission expires: �'il I V �p'CARp .. �•dP PUBV�G 0 �: �''•4 TE 0 1 ►•. '101898100 QUITCLAIM DEED-P.2 ADA COUNTY RECORDER Christopher D. Rich 2018-066643 BOISE IDAHO Pgs=1 CHE FOWLER 07/17/2018 03:43 PM UPF SERVICES LLC $15.00 RECORDING REQUESTED BY AND AFTER RECORDING MAIL TO: UPF WASHINGTON INCORPORATED 12410 E MIRABEAU PKWY#100 SPOKANE VALLEY, WA 99216 Ref. No. 562443-S(P)(E) FULL RECONVEYANCE WITHOUT SATISFACTION The undersigned, as Trustee, under that certain Deed of Trust dated 10/14/2014 in which Ginger Doskeland, not personally but as trustee on behalf of The Roald &Ginger Doskeland Family Trust, is/are Grantor(s), and Northwest Bank, is Grantee, recorded on 11/17/2014, as Recording No. 2014-093393, in Volume N/A, Page N/A, records of Ada County, Idaho, having received from the beneficiary under said Deed of Trust a written request to reconvey the real property described in said deed, does hereby reconvey,without warranty, to the person(s)entitled thereto all of the right,title and interest now held by said trustee in and to the real property described in said Deed of Trust, situated in Ada County, Idaho All sums due, and other obligations secured by said Deed of Trust, have not been fully paid and satisfied, but the beneficiary is releasing the property as security for said debt and obligations, and is retaining the original Note. Legal: The real property as described in said Deed of Trust DATED: 6/7/2018 Loan # 1175 BY: Brad L. Williams, Successor Trustee STATE OF WASHINGTON } County of Spokane } On 6/7/2018, before me, the undersigned Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Brad L. Williams, Successor Trustee, personally known to me or proved to me on the basis of satisfactory evidence, to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s)acted, executed the instrument. WITNESS my hand and official seal. Notary PL61,C l NOTARY PUBLIC in and for the State of Was glon S° 'a "' Printed Name: Diana Norberg D 4 Noterg { F 'resu - I ADA COUNTY RECORDER Christopher D. Rich 2014-093393 RECORDATION REQUESTED BY: BOISE IDAHO Pgs=7 NIKOLA OLSON 11/17/2014 04:11 PM NORTHWEST BANK TITLEONE BOISE $28.00 BOISE OFFICE 1750 W FRONT ST STE 150 BOISE,ID 83702-5191 WHEN RECORDED MAIL TO: NORTHWEST BANK BOISE OFFICE 1750 W FRONT ST STE 150 BOISE,ID 83702-5191 SEND TAX NOTICES TO: GINGER DOSKELAND,Trustee of THE ROALD&GINGER DOSKELAND FAMILY TRUST under the provisions of a trust agreement dated December 1,1997 577 S MOON BEAM WAY EAGLE ID 83616 SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY a� r � DEED OF TRUST THIS DEED OF TRUST is dated October 14, 2014, among GINGER DOSKELAND, not personally but as Trustee on behalf of THE ROALD &GINGER DOSKELAND FAMILY TRUST,whose address is 577 S Moon Beam Way, Eagle, ID 83616 ("Grantor"); NORTHWEST BANK, whose address is BOISE OFFICE, 1750 W FRONT ST STE 150, BOISE, ID 83702-5191 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Brad L Williams, an Idaho attorney, whose address is c/o UPF Washington Incorporated, 12410 E Mirabeau Parkway #100,Spokane Valley,WA 99216(referred to below as"Trustee"). CONVEYANCE AND GRANT. For valuable consideration,Grantor does hereby irrevocably grant,bargain,sell and convey in trust,with power of sale,to Trustee for the benefit of Lender as Beneficiary,all of Grantor's right,title,and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances;all water,water rights and ditch rights(including stock in utilities with ditch or irrigation rights);and all other rights,royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in Ada County,State of Idaho: Lot 5 in Block 1 of Medimont Subdivision No. 1, according to the official plat thereof, filed in Book 75 of Plats at Pages 7794 and 7795,official records of Ada County,Idaho The Real Property or its address is commonly known as 149 S Adkins Way, Meridian,ID 83642. CROSS-COLLATERALIZATION. In addition to the Note,this Deed of Trust secures all obligations,debts and liabilities,plus interest thereon,of either Grantor or Borrower to Lender,or any one or more of them,as well as all claims by Lender against Borrower and Grantor or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise,whether due or not due,direct or indirect,determined or undetermined,absolute or contingent,liquidated or unliquidated,whether Borrower or Grantor may be liable individually or jointly with others,whether obligated as guarantor,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 obligation to repay such amounts may be or hereafter may become otherwise unenforceable. FUTURE ADVANCES. In addition to the Note,this Deed of Trust secures all future advances made by Lender to Borrower or Grantor whether or not the advances are made pursuant to a commitment. Specifically,without limitation,this Deed of Trust secures,in addition to the amounts specified in the Note,all future amounts Lender in its discretion may loan to Borrower or Grantor,together with all interest thereon. Grantor presently assigns to Lender(also known as Beneficiary in this Deed of Trust)all of Grantor's right,title,and interest in and to all present and future leases of the Property and all Rents from the Property. In addition,Grantor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. THIS DEED OF TRUST,INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS,AND 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 at the request of Lender; (b)Grantor has the full power,right,and authority to enter into this Deed of Trust and to hypothecate the Property; (c)the provisions of this Deed of Trust do not conflict with,or result in a default under any agreement or other instrument binding upon Grantor and do not result in a violation of any law,regulation,court decree or order applicable to Grantor; (d)Grantor has established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition;and (e)Lender has made no representation to Grantor about Borrower(including without limitation the creditworthiness of Borrower). GRANTOR'S WAIVERS. Grantor waives all rights or defenses arising by reason of any"one action"or"anti-deficiency"law,or any other law which may prevent Lender from bringing any action against Grantor,including a claim for deficiency to the extent Lender is otherwise entitled to a claim for deficiency, before or after 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 shall pay to Lender all Indebtedness secured by this Deed of Trust as it becomes due,and Borrower and Grantor shall strictly perform all their respective obligations under the Note, this Deed of Trust,and the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Grantor agree that Borrower's and Grantor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until Default,Grantor may (1) remain in possession and control of the Property; (2) use,operate or manage the Property;and (3) collect the Rents from the Property. The following provisions relate to the use of the Property or to other limitations on the Property. THE REAL PROPERTY 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 represents and warrants to Lender that: (1) During the period of Grantor's ownership of the Property,there has been no use,generation,manufacture,storage,treatment,disposal,release or threatened release of any Hazardous Substance by any person on,under,about or from the Property; (2) Grantor has no knowledge of,or reason to believe that there has been,except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use,generation,manufacture,storage,treatment,disposal,release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property,or (c) any actual or threatened litigation or claims of any kind by any person relating to such matters;and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Grantor nor any tenant,contractor,agent or other authorized user of the Property shall use,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 authorizes Lender and its agents to enter upon the Property to make such inspections and tests,at Grantor's expense,as Lender may deem appropriate to determine compliance of the Property with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Grantor or to any DEED OF TRUST Loan No: 1175 (Continued) Page 2 other person. The representations and warranties contained herein are based on Grantors due diligence in investigating the Property for Hazardous Substances. Grantor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under any such laws;and (2) agrees to indemnify, defend,and hold harmless Lender against any and all claims, losses, liabilities,damages,penalties,and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Deed of Trust or as a consequence of any use,generation, manufacture,storage, disposal,release or threatened release occurring prior to Grantors ownership or interest in the Property,whether or not the same was or should have been known to Grantor. The provisions of this section of the Deed of Trust,including the obligation to indemnify and defend, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisition of any interest in the Property,whether by foreclosure or otherwise. Nuisance,Waste. Grantor shall not cause,conduct or permit any nuisance nor commit,permit,or suffer any stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing,Grantor will not remove,or grant to any other party the right to remove,any timber,minerals(including oil and gas),coal,clay,scoria,soil,gravel or rock products without Lender's prior written consent. Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without Lender's prior written consent. As a condition to the removal of any Improvements,Lender may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value. Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of Grantors compliance with the terms and conditions of this Deed of Trust. Compliance with Governmental Requirements. Grantor shall promptly comply with all laws,ordinances,and regulations,now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property,including without limitation,the Americans With Disabilities Act. Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding,including appropriate appeals,so long as Grantor has notified Lender in writing prior to doing so and so long as,in Lenders sole opinion,Lender's interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender,to protect Lenders interest. Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other acts,in addition to those acts set forth above in this section,which from the character and use of the Property are reasonably necessary to protect and preserve the Property. DUE ON SALE-CONSENT BY LENDER. Lender may,at Lender's option,declare immediately due and payable all sums secured by this Deed of Trust upon the sale or transfer, without Lenders prior written consent, of all or any part of the Real Property,or any interest in the Real Property. A"sale or transfer"means the conveyance of Real Property or any right,title or interest in the Real Property;whether legal,beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a term greater than three(3)years,lease-option contract,or by sale,assignment,or transfer of any beneficial interest in or to any land trust holding 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 change in ownership of more than twenty-five percent(25%)of the voting stock,partnership interests or limited liability company interests,as the case may be,of such Grantor. However,this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Idaho law. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of Trust: Payment. Grantor shall pay when due (and in all events prior to delinquency)all taxes, special taxes, assessments, charges(including water and sewer),fines and impositions levied against or on account of the Property,and shall pay when due all claims for work done on or for services rendered or material furnished to the Property. Grantor shall maintain the Property free of all liens having priority over or equal to the interest of Lender under this Deed of Trust,except for the lien of taxes and assessments not due and except as otherwise provided in this Deed of Trust. Right to Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation to pay,so long as Lenders interest in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment, Grantor shall within fifteen(15)days after the lien arises or,if a lien is filed,within fifteen(15)days after Grantor has notice of the filing, secure the discharge of the lien,or if requested by Lender,deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and reasonable attorneys'fees, or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest,Grantor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety bond furnished in the contest proceedings. Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property. Notice of Construction. Grantor shall notify Lender at least fifteen(15)days before any work is commenced,any services are furnished,or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien,or other lien could be asserted on account of the work,services,or materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of Trust. Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Grantor shall also procure and maintain comprehensive general liability insurance in such coverage amounts as Lender may request with Trustee and Lender being named as additional insureds in such liability insurance policies. Additionally,Grantor shall maintain such other insurance,including but not limited to hazard,business interruption,and boiler insurance,as Lender may reasonably require. Policies shall be written in form,amounts,coverages and basis reasonably acceptable to Lender and issued by a company or companies reasonably acceptable to Lender. Grantor,upon request of Lender, will deliver to Lender from time to time the policies or certificates of insurance in form satisfactory to Lender, including stipulations that coverages will not be cancelled or diminished without at least ten(10)days prior written notice to Lender. Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act,omission or default of Grantor or any other person. Should the Real Property be located in an area designated by the Administrator of the Federal Emergency Management Agency as a special flood hazard area,Grantor agrees to obtain and maintain Federal Flood Insurance,if available, within 45 days after notice is given by Lender that the Property is located in a special flood hazard area,for the full unpaid principal balance of the loan and any prior liens on the property securing the loan,up to the maximum policy limits set under the National Flood Insurance Program,or as otherwise required by Lender,and to maintain such insurance for the term of the loan. Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property if the estimated cost of repair or replacement exceeds$5,000. Lender may make proof of loss if Grantor fails to do so within fifteen(15)days of the casualty. Whether or not Lender's security is impaired, Lender may, at Lenders election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness,payment of any lien affecting the Property,or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair,Grantor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall,upon satisfactory proof of such expenditure,pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor is not in default under this Deed of Trust. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Deed of Trust,then to pay accrued interest,and the remainder,if any,shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness,such proceeds shall be paid to Grantor as Grantors interests may appear. Grantors Report on Insurance. Upon request of Lender,however not more than once a year,Grantor shall furnish to Lender a report on each existing policy of insurance showing: (1) the name of the insurer; (2) the risks insured; (3) the amount of the policy; (4) the property insured,the then current replacement value of such property,and the manner of determining that value;and (5) the expiration date of the policy. Grantor shall,upon request of Lender,have an independent appraiser satisfactory to Lender determine the cash value replacement cost of the Property. DEED OF TRUST Loan No: 1175 (Continued) Page 3 TAX AND INSURANCE RESERVES. Subject to any limitations and consistent with any requirements set by applicable law,Lender may require Grantor to maintain with Lender reserves for payment of annual taxes,assessments,and insurance premiums,which reserves shall be created by an initial deposit and subsequent monthly payments,or payments at such other interval as payments under the Note may be due,of a sum estimated by Lender to be sufficient to pay the total annual taxes,assessments,and insurance premiums Lender reasonably anticipates to be paid from these reserves. The reserve funds shall be held by Lender as a general deposit from Grantor,which Lender may satisfy by payment of the taxes,assessments,and insurance premiums required to be paid by Grantor as they become due. Lender shall have the right to draw upon the reserve funds to pay such items,and Lender shall not be required to determine the validity or accuracy of any item before paying it. Nothing in the Deed of Trust shall be construed as requiring Lender to advance other monies for such purposes,and Lender shall not incur any liability for anything it may do or omit to do with respect to the reserve account. Subject to any limitations set by applicable law,if the reserve funds disclose a shortage or deficiency,Grantor shall pay such shortage or deficiency as required by Lender. All amounts in the reserve account are hereby pledged to further secure the Indebtedness,and Lender is hereby authorized to withdraw and apply such amounts on the Indebtedness upon Default. Lender shall not be required to pay any interest or earnings on the reserve funds unless required by law or agreed to by Lender in writing. Lender does not hold the reserve funds in trust for Grantor, and Lender is not Grantor's agent for payment of the taxes and assessments required to be paid by Grantor. 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 Deed of Trust 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 Deed of Trust or any Related Documents,Lender on Grantor's behalf may(but shall not be obligated to)take any action that Lender deems appropriate,including but not limited to discharging or paying all taxes,liens,security interests,encumbrances and other claims,at any time levied or placed on the Property and paying all costs for insuring, maintaining and preserving the Property. All such expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and,at 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 term of any applicable insurance policy; or (2) the remaining term of the Note;or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. The Deed of Trust also will secure payment of these amounts. Such right shall be in addition to all other rights and remedies to which Lender may be entitled upon Default. WARRANTY;DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed of Trust: Title. Grantor warrants that: (a)Grantor holds good and marketable title of record to the Property in fee simple,free and clear of all liens and encumbrances other than those set forth in the Real Property description or in any title insurance policy,title report,or final title opinion issued in favor of,and accepted by,Lender in connection with this Deed of Trust,and (b)Grantor has the full right,power,and authority to execute and deliver this Deed of Trust to Lender. Defense of Title. Subject to the exception in the paragraph above,Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of Trustee or Lender under this Deed of Trust,Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice,and Grantor will deliver,or cause to be delivered,to Lender such instruments as Lender may request from time to time to permit such participation. Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws, ordinances,and regulations of governmental authorities. Survival of Representations and Warranties. All representations,warranties,and agreements made by Grantor in this Deed of Trust shall survive the execution and delivery of this Deed of Trust,shall be continuing in nature,and shall remain in full force and effect until such time as Borrower's Indebtedness shall be paid in full. CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust: Proceedings. If any proceeding in condemnation is filed,Grantor shall promptly notify Lender in writing,and Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal parry in such proceeding,but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice,and Grantor will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from time to time to permit such participation. Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation,Lender may at its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all reasonable costs,expenses,and attorneys'fees incurred by Trustee or Lender in connection with the condemnation. IMPOSITION OF TAXES,FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees and charges are a part of this Deed of Trust: Current Taxes,Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to this Deed of Trust and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Grantor shall reimburse Lender for all taxes, as described below,together with all expenses incurred in recording, perfecting or continuing this Deed of Trust, including without limitation all taxes,fees,documentary stamps,and other charges for recording or registering this Deed of Trust. Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Deed of Trust or upon all or any part of the Indebtedness secured by this Deed of Trust; (2) a specific tax on Borrower which Borrower is authorized or required to deduct from payments on the Indebtedness secured by this type of Deed of Trust; (3) a tax on this type of Deed of Trust chargeable against the Lender or the holder of the Note;and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Borrower. Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Deed of Trust,this event shall have the same effect as Default,and Lender may exercise any or all of its available remedies for Default as provided below unless Grantor either (1) pays the tax before it becomes delinquent,or (2) contests the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT;FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security agreement are a part of this Deed of Trust: Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shall have all of the rights of a secured parry under the Uniform Commercial Code as amended from time to time. Security Interest. Upon request by Lender, Grantor shall take whatever action is requested by Lender to perfect and continue Lender's security interest in the Rents and Personal Property. In addition to recording this Deed of Trust in the real property records,Lender may,at any time and without further authorization from Grantor,file executed counterparts,copies or reproductions of this Deed of Trust as a financing statement. Grantor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon default, Grantor shall not remove, sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Grantor and Lender and make it available to Lender within three(3)days after receipt of written demand from Lender to the extent permitted by applicable law. Addresses. The mailing addresses of Grantor(debtor)and Lender(secured party)from which information concerning the security interest granted by this Deed of Trust may be obtained(each as required by the Uniform Commercial Code)are as stated on the first page of this Deed of Trust. FURTHER ASSURANCES;ATTORNEY-IN-FACT. The following provisions relating to further assurances and attorney-in-fact are a part of this Deed of Trust: Further Assurances. At any time,and from time to time,upon request of Lender,Grantor will make,execute and deliver,or will cause to be made,executed or delivered,to Lender or to Lender's designee,and when requested by Lender,cause to be filed,recorded,refiled,or rerecorded,as the case may be,at such times and in such offices and places as Lender may deem appropriate,any and all such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, certificates,and other documents as may,in the sole opinion of Lender,be necessary or desirable in order to effectuate,complete,perfect, continue,or preserve (1) Borrower's and Grantor's obligations under the Note,this Deed of Trust,and the Related Documents,and (2) DEED OF TRUST Loan No: 1175 (Continued) Page 4 the liens and security interests created by this Deed of Trust as first and prior liens on the Property,whether now owned or hereafter acquired by Grantor. Unless prohibited by law or Lender agrees to the contrary in writing,Grantor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph. Attorney-in-Fact. If Grantor fails to do any of the things referred to in the preceding paragraph,Lender may do so for and in the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocably appoints Lender as 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 sole opinion,to accomplish the matters referred to in the preceding paragraph. FULL PERFORMANCE. If Borrower and Grantor pay all the Indebtedness,including without limitation all future advances,when due,and Grantor otherwise performs all the obligations imposed upon Grantor under this Deed of Trust,Lender shall execute and deliver to Trustee a request for full reconveyance and shall execute and deliver to Grantor suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the Personal Property. Any reconveyance fee required by law shall be paid by Grantor,if permitted by applicable law. DEFAULT. Default will occur if payment in full is not made immediately when due. RIGHTS AND REMEDIES ON DEFAULT. If Default occurs under this Deed of Trust,at any time thereafter,Trustee or Lender may exercise any one or more of the following rights and remedies: Notice of Default. Upon 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 Real Property,or any part thereof,is situated. Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy,and an election to make expenditures or to take action to perform an obligation of Grantor under this Deed of Trust, after Grantor's failure to perform,shall not affect Lender's right to declare a default and exercise its remedies. Accelerate Indebtedness. Lender shall have the right at its option without notice to Borrower or Grantor to declare the entire Indebtedness immediately due and payable,including any prepayment penalty which Borrower would be required to pay. Foreclosure. With respect to all or any part of the Real Property,the Trustee shall have the right to foreclose by notice and sale, and Lender shall have the right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable law. UCC Remedies. With respect to all or any part of the Personal Property,Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code. Collect Rents. Lender shall have the right,without notice to Borrower or Grantor to take possession of and manage the Property and collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. In furtherance of this 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 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 made,whether or not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either in person, by agent,or through a receiver. Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property,with the power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the Property and apply the proceeds,over and above the cost of the receivership,against the Indebtedness. The receiver may serve without bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver. Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided above or Lender otherwise becomes entitled to possession of the Property upon default of Borrower or Grantor,Grantor shall become a tenant at sufferance of Lender or the purchaser of the Property and shall,at Lender's option,either (1) pay a reasonable rental for the use of the Property,or (2) vacate the Property immediately upon the demand of Lender. Other Remedies. Trustee or Lender shall have any other right or remedy provided in this Deed of Trust or the Note or available at law or in equity. Notice of Sale. Lender shall give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the time after which any private sale or other intended disposition of the Personal Property is to be made. Reasonable notice shall mean notice given at least ten(10)days before the time of the sale or disposition. Any sale of the Personal Property may be made in conjunction with any sale of the Real Property. Sale of the Property. To the extent permitted by applicable law, Borrower and Grantor hereby waives any and all rights to have the Property marshalled. In exercising its rights and remedies,the Trustee or Lender shall be free to sell all or any part of the Property together or separately, in one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property. Notice of sale having been given as then required by law, and not less than the time required by law having elapsed,Trustee,without demand on Grantor,shall sell the property at the time and place fixed by it in the notice of sale at public auction to the highest bidder for cash in lawful money of the United States,payable at time of sale. Trustee shall deliver to the purchaser his or her deed conveying the Property so sold, but without any covenant or warranty express or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness of such matters or facts. After deducting all costs,fees and expenses of Trustee and of this Trust, including cost of evidence of title and reasonable attorneys'fees,including those in connection with the sale,Trustee shall apply proceeds of sale to payment of (a)all sums expended under this Deed of Trust, not then repaid with interest thereon as provided in this Deed of Trust; (b)all Indebtedness secured hereby;and (c)the remainder,if any,to the person or persons legally entitled thereto. Attorneys'Fees;Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of Trust,Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys'fees at trial and upon any appeal. Whether or not any court action is involved,and to the extent not prohibited by law,all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include,without limitation, however subject to any limits under applicable law,Lender's reasonable attorneys'fees and Lender's legal expenses whether or not there is a lawsuit, including reasonable attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction),appeals,and any anticipated post-judgment collection services,the cost of searching records,obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by applicable law. Grantor also will pay any court costs,in addition to all other sums provided by law, Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this section. POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are part of this Deed of Trust: Powers of Trustee. In addition to all powers of Trustee arising as a matter of law,Trustee shall have the power to take the following actions with respect to the Property upon the written request of Lender and Grantor: (a)join in preparing and filing a map or plat of the Real Property,including the dedication of streets or other rights to the public; (b)join in granting any easement or creating any restriction on the Real Property;and (c)join in any subordination or other agreement affecting this Deed of Trust or the interest of Lender under this Deed of Trust. Obligations to Notify. Trustee shall not be obligated to notify any other party of a pending sale under any other trust deed or lien,or of any action or proceeding in which Grantor,Lender,or Trustee shall be a party,unless the action or proceeding is brought by Trustee. Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights and remedies set forth above,with respect to all or any part of the Property,the Trustee shall have the right to foreclose by notice and sale,and Lender shall have the right to foreclose by judicial foreclosure,in either case in accordance with and to the full extent provided by applicable law. Successor Trustee. Lender,at Lender's option, may from time to time appoint a successor Trustee to any Trustee appointed under this Deed of Trust by an instrument executed and acknowledged by Lender and recorded in the office of the recorder of Ada County,State of DEED OF TRUST Loan No: 1175 (Continued) Page 5 Idaho. The instrument shall contain,in addition to all other matters required by state law,the names of the original Lender,Trustee,and Grantor,the book and page where this Deed of Trust is recorded,and the name and address of the successor trustee,and the instrument shall be executed and acknowledged by Lender or its successors in interest. The successor trustee,without conveyance of the Property, shall succeed to all the title,power,and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for substitution of Trustee shall govern to the exclusion of all other provisions for substitution. NOTICES. Any notice required to be given under this Deed of Trust,including without limitation any notice of default and any notice of sale shall be given in writing, and shall be effective when actually delivered,when actually received by telefacsimile(unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed,when deposited in the United States mail, as first class, certified or registered mail postage prepaid,directed to the addresses shown near the beginning of this Deed of Trust. All copies of notices of foreclosure from the holder of any lien which has priority over this Deed of Trust shall be sent to Lender's address,as shown near the beginning of this Deed of Trust. Any party may change its address for notices under this Deed of Trust by giving formal written notice to the other parties,specifying that the purpose of the notice is to change the party's address. For notice purposes,Grantor agrees to keep Lender informed at all times of Grantor's current address. Unless otherwise provided or required by law,if there is more than one Grantor,any notice given by Lender to any Grantor is deemed to be notice given to all Grantors. COUNTERPARTS-FACSIMILE SIGNATURES.This Agreement may be signed in any number of counterparts,each of which will be deemed to be an original,and all of which will be deemed to be an original,and all of which,taken together will constitute one and the same contract. The parties will accept a signed counterpart of this Agreement transmitted by facsimile machine or pdf as though it were an original document; provided,however,that each party so transmitting a document will be obligated to deliver the manually signed original via overnight delivery service. ADDITIONAL RESERVES.Subject to any limitations set by applicable law, if the reserve funds required by the Tax and Insurance Reserves section of this Deed of Trust disclose a shortage or deficiency Grantor shall pay such shortage or deficiency as required by Lender. APPRAISAL PROVISION.Grantor agrees to pay the cost of all appraisals and appraisal reviews,if required by Lender,on the Real Property in its sole discretion(a)to comply with(1)any applicable statute or regulations or(11)the request or directive(whether or not having the force of law) of any regulatory authority with jurisdiction over Lender,or(b)at any time after the occurrence of any Event of Default. All such appraisal costs shall become a part of the Indebtedness secured hereby and payable on demand,TOGETHER WITH INTEREST at the highest rate applicable to any such Indebtedness. LEASE SUBORDINATIONS AFTER CLOSING. To meet Borrower's closing time frame,Lender has agreed to close the loan subject to the leases currently in place with: DID,LLC ADVANTAGE WAYPOINT,LLC PERMACOLD ENGINEERING,INC THE FORGE,LLC Lender requires Lenders form of Subordination,Non-Disturbance and Attornment Agreement and Estoppel Certificates(provided at closing)be recorded in Ada County,allowing Title One Corporation to insur Lender is in a First Lien position on the property. Borrower agrees to provide Lender with the executed Subordination, Non-Disturbance an it nment Agreement and Estoppel Certificates, in recordable form, for all tenants no later than 30 days after closing of the loan. The c an fees connected with the recordation and title endorsements shall be the responsibility of the Borrower. Initials. MISCELLANEOUS PROVISIONS. The following miscellaneou isi part of this Deed of Trust: Amendments. This Deed of Trust,together with any Related Documents,constitutes the entire understanding and agreement of the parties as to the matters set forth in this Deed of Trust. No alteration of or amendment to this Deed of Trust shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Annual Reports. If the Property is used for purposes other than Grantor's residence, Grantor shall furnish to Lender, upon request, a certified statement of net operating income received from the Property during Grantor's previous fiscal year in such form and detail as Lender shall require. "Net operating income'shall mean all cash receipts from the Property less all cash expenditures made in connection with the operation of the Property. Arbitration. Borrower and Grantor and Lender agree that all disputes,claims and controversies between them whether individual,joint,or class in nature,arising from this Deed of Trust or otherwise,including without limitation contract and tort disputes, shall be arbitrated pursuant to the Rules of the American Arbitration Association in effect at the time the claim is filed,upon request of either party. No act to take or dispose of any Property shall constitute a waiver of this arbitration agreement or be prohibited by this arbitration agreement. This includes,without limitation,obtaining injunctive relief or a temporary restraining order;invoking a power of sale under any deed of trust or mortgage;obtaining a writ of attachment or imposition of a receiver;or exercising any rights relating to personal property,including taking or disposing of such property with or without judicial process pursuant to Article 9 of the Uniform Commercial Code. Any disputes,claims, or controversies concerning the lawfulness or reasonableness of any act,or exercise of any right,concerning any Property,including any claim to rescind,reform,or otherwise modify any agreement relating to the Property,shall also be arbitrated,provided however that no arbitrator shall have the right or the power to enjoin or restrain any act of any party. Judgment upon any award rendered by any arbitrator may be entered in any court having jurisdiction. Nothing in this Deed of Trust shall preclude any party from seeking equitable relief from a court of competent jurisdiction. The statute of limitations, estoppel,waiver, laches, and similar doctrines which would otherwise be applicable in an action brought by a party shall be applicable in any arbitration proceeding, and the commencement of an arbitration proceeding shall be deemed the commencement of an action for these purposes. The Federal Arbitration Act shall apply to the construction,interpretation,and enforcement of this arbitration provision. Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to interpret or define the provisions of this Deed of Trust. Merger. There shall be no merger of the interest or estate created by this Deed of Trust with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity,without the written consent of Lender. Governing Law. This Deed of Trust will be governed by federal law applicable to Lender and,to the extent not preempted by federal law, the laws of the State of Idaho without regard to its conflicts of law provisions. This Deed of Trust has been accepted by Lender in the State of Idaho. Choice of Venue. If there is a lawsuit,Grantor agrees upon Lender's request to submit to the jurisdiction of the courts of ADA County, State of Idaho. Joint and Several Liability. All obligations of Borrower and Grantor under this Deed of Trust shall be joint and several,and all references to Grantor shall mean each and every Grantor, and all references to Borrower shall mean each and every Borrower. This means that each Grantor signing below is responsible for all obligations in this Deed of Trust. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Deed of Trust shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Deed of Trust. No prior waiver by Lender,nor any course of dealing between Lender and Grantor,shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Deed of Trust,the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Severability. If a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal,invalid,or unenforceable as to any circumstance,that finding shall not make the offending provision illegal,invalid,or unenforceable as to any other circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal,valid and enforceable. If the offending provision cannot be so modified, it shall be considered deleted from this Deed of Trust. Unless otherwise required by law, the illegality, invalidity, or unenforceability of any provision of this Deed of Trust shall not affect the legality,validity or enforceability of any other provision of this Deed of Trust. Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Grantor's interest,this Deed of Trust shall be binding upon and inure to the benefit of the parties,their successors and assigns. If ownership of the Property becomes vested in a person other than Grantor, Lender,without notice to Grantor,may deal with Grantor's successors with reference to this Deed of Trust and the DEED OF TRUST Loan No: 1175 (Continued) Page 6 Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this Deed of Trust or liability under the Indebtedness. Time is of the Essence. Time is of the essence in the performance of this Deed of Trust. Waive Jury. All parties to this Deed of Trust hereby waive the right to any jury trial in any action,proceeding,or counterclaim brought by any party against any other party. Waiver of Homestead Exemption. Grantor hereby releases and waives all rights and benefits of the homestead exemption laws of the State of Idaho as to all Indebtedness secured by this Deed of Trust. - DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Deed of Trust. Unless specifically stated to the contrary,all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shall include the plural,and the plural shall include the singular,as the context may require. Words and terms not otherwise defined in this Deed of Trust shall have the meanings attributed to such terms in the Uniform Commercial Code: Beneficiary. The word"Beneficiary"means NORTHWEST BANK,and its successors and assigns. Borrower. The word "Borrower" means WINDLAND, INCORPORATED; and WINDLAND REFRESH, LLC and includes all co-signers and co-makers signing the Note and all their successors and assigns. Deed of Trust. The words"Deed of Trust"mean this Deed of Trust among Grantor,Lender,and Trustee,and includes without limitation all assignment and security interest provisions relating to the Personal Property and Rents. Default. The word"Default"means the Default set forth in this Deed of Trust in the section titled"Default". Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended,42 U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986,Pub.L.No.99499("SARA"),the Hazardous Materials Transportation Act,49 U.S.C.Section 1801,et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules, or regulations adopted pursuant thereto. Grantor. The word"Grantor"means GINGER DOSKELAND,Trustee of THE ROALD&GINGER DOSKELAND FAMILY TRUST under the provisions of a trust agreement dated December 1,1997, Hazardous Substances. The words"Hazardous Substances"mean materials that, because of their quantity, concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous Substances"are used in their very broadest sense and include without limitation any and all hazardous or toxic substances,materials or waste as defined by or listed under the Environmental Laws. The term"Hazardous Substances"also includes,without limitation,petroleum and petroleum by-products or any fraction thereof and asbestos. Improvements. The word"Improvements"means all existing and future improvements,buildings,structures.mobile homes affixed on the Real Property,facilities,additions,replacements and other construction on the Real Property. Indebtedness. The word"Indebtedness"means all principal, interest,and other amounts,costs and expenses payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by Trustee or Lender to enforce Grantor's obligations under this Deed of Trust,together with interest on such amounts as provided in this Deed of Trust. Specifically,without limitation,Indebtedness includes the future advances set forth in the Future Advances provision,together with all interest thereon and all amounts that may be indirectly secured by the Cross-Collateralization provision of this Deed of Trust. Lender. The word"Lender"means NORTHWEST BANK,its successors and assigns. Note. The word"Note"means the promissory note dated April 24,2014,in the original principal amount of$441,000.00,amended by a change in terms agreement dated October 14,2014,thereby increasing the principal amount to$1,000,000.00,from Borrower to Lender, together with all renewals of,extensions of,modifications of,refinancings of,consolidations of,and substitutions for the promissory note or agreement.NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE. Personal Property. The words"Personal Property"mean all equipment,fixtures,and other articles of personal property now or hereafter owned by Grantor,and now or hereafter attached or affixed to the Real Property;together with all accessions,parts,and additions to,all replacements of,and all substitutions for,any of such property;and together with all proceeds(including without limitation all insurance proceeds and refunds of premiums)from any sale or other disposition of the Property. Property. The word"Property"means collectively the Real Property and the Personal Property. Real Property. The words"Real Property"mean the real property,interests and rights,as further described in this Deed of Trust. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing,executed in connection with the Indebtedness;except that the words do not mean any guaranty or environmental agreement,whether now or hereafter existing,executed in connection with the Indebtedness. Rents. The word"Rents"means all present and future rents,revenues,income,issues,royalties,profits,and other benefits derived from the Property. - Trustee. The @"Trustee"means Brad L Williams,an Idaho attorney,whose address is c/o UPF Washington Incorporated, 12410 E Mirabeau�Paa�r ayA#100,Spokane Valley,WA 99216 and any substitute or successor trustees. GRANTOR ACtvOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST,AND GRANTOR AGREES TO ITS TERMS. GRANTORV,' C x IN DO AND, Trustee of THE ROALD & GINGER ELAND FAMILY TRUST under the \ provision o a Trust Agreement dated December 1, 1997 DEED OF TRUST Loan No: 1175 (Continued) Page 7 TRUST ACKNOWLEDGMENT STATE OF C3 ) �$ )SS COUNTY OF 1 `�J ) j � q i( On this day of !u 0� Q�"` ,in the year 20 __,before me g tj c f' a notary public in and for the State of Idaho,personally appeared GIN ER DOSKELAND,Trustee of THE ROALD&GINGER DOSKELAND FAMILY TRUST,known or identified to me(or proved to me on the oath of ),to be Trustee of THE ROALD&GINGER DOSKELAND FAMILY TRUST,the trust that executed the instrumey�t or the pers n'N ho executed the instrument on behalf of said trust,and acknowI d ed to me that such trust executed the same. Residing at L..J° -f lry Public for Idaho My commission expires Q SUSAN PLAGER Notary Public State of Idaho REQUEST FOR FULL RECONVEYANC (To be used only when obligations have been paid in full) To: ,Trustee The undersigned is the legal owner and holder of all Indebtedness secured by this Deed of Trust. All sums secured by this Deed of Trust have been fully paid and satisfied. You are hereby directed,upon payment to you of any sums owing to you under the terms of this Deed of Trust or - pursuant to any applicable statute,to cancel the Note secured by this Deed of Trust(which is delivered to you together with this Deed of Trust), and to reconvey,without warranty,to the parties designated by the terms of this Deed of Trust,the estate now held by you under this Deed of Trust. Please mail the reconveyance and Related Documents to: Date: Beneficiary: By: Its: LaserPro,Ver. 14.4.0.024 Copr. D+H USA Corporation 1997, 2014. All Rights Reserved. -ID C:\laserpro\CFI\LPL\G01.FC TR-2077 PR-11 ADA COUNTY RECORDER Christopher D.Rich AMOUNT 10.00 1 BOISE IDAHO 02/01/12 02:26 PM DEPUTY Lisa Batt III IIIIIIIIIIIIIIIillllllllllll III III RECORDED—REQUEST OF 11201000 WHEN RECORDED MAIL TO- US Bank U.S.Bank National Association Commercial Real Estate 101 S.Capitol Blvd., Suite 201 j Boise,ID 83702 Attn: Tami Grigsby DEED OF RECONVEYANCE U.S.BANK TRUST COMPANY,N.A.,as Trustee under a Deed of Trust dated January 10, 2002,executed by Roald Doskeland and Ginger Doskeland as Grantor and recorded on January 10,2002 as Instrument No. 102003759 of the records of the County Recorder of Ada County,Idaho does hereby reconvey without warranty,to the person or persons entitled thereto,the trust property now held by it as Trustee under said Deed of Trust,which Deed of Trust covers real property situated in Ada County,State of Idaho,described as follows: Lot 5 in Block 1 of Medimont Subdivision No. 1,according to the plat thereof,filed in Book 75 of Plats at pages 7794 and 7795,records of Ada County,Idaho. Dated this 20'b day of January,2012 U.S.BANK TRUST COMPANY,NATIONAL ASSO TION By: V Tami Grigsby Vice President State of Idaho ) ss County of Ada ) On the 20'`day of January,2012 before me a Notary Public in and for said State,personally appeared Tami Grigsby,known to me to be the Vice President of the corporation that executed the within instrument or the person who executed the instrument on behalf of said Corporation,and acknowledged to me that said corporation executed the same. By: NOTAR PUBLIC My commission expires: 5-11-2012 Residing at: Eagle,Idaho Allison Woods Notary Public State of Idaho ADA COUNTY RECORDER Christopher D. Rich AMOUNT 13.00 2 BOISE IDAHO 02/09/11 02:54 PM DEPUTY Vicki Allen III I'llllllll'IIIII'II'IIIIIIIII II I,) RECORDED-REQUEST OF McAnaney&Associates 111012637 WHEN RECORDED RETURN TO: McAnaney&Associates,PLLC 1101 W.River Street,Suite 100 Boise,Idaho 83702 SEND TAX NOTICES TO: The Roald&Ginger Doskeland Family Trust Attn:Roald Doskeland and Ginger K.Doskeland,Trustees 577 S.Moon Beam Way Eagle,Idaho 83616 QUITCLAIM DEED GRANTORS, Roald Doskeland and Ginger Doskeland, husband and wife, do hereby REMISE, RELEASE and forever QUITCLAIM, unto Roald Doskeland and Ginger YL Doskeland, Trustees, The Roald & Ginger Doskeland Family Trust, dated December 1, 1997, as amended, whose current address is 577 S. Moon Beam Way, Eagle, Idaho 83616, as GRANTEE and to Grantee's successors and assigns, all of Grantors' right, title and interest in and to the real property situated in Ada County, Idaho,more particularly described as follows: Lot 5 in Block I of Medimont Subdivision No. 1,according to the plat thereof,filed in Book 75 of Plats at pages 7794 and 7795,records of Ada County,Idaho. Tax Parcel No. R5652600500 TOGETHER with all tenements,hereditaments and appurtenances there unto belonging. In construing this deed, and where the context so requires, the singular includes the plural and the masculine, the feminine and the neuter. IN WITNESS WHEREOF, Grantors have hereunto subscribed their names to this instrument this J_day of F<rK,,fir ,2011. oald D sk_el and Ginger skeland QUITCLAIM DEED- 1 WClients\Doskeland,Roald and Ginger K-05105\05105.001-Estate Planning\2011 ep\QCD-Adkins Way.doc II .,.... .�_ STATE OF IDAHO ) ss. County of Ada ) On this �day of 2011, before me, the undersigned, a Notary Public, personally appeared Roald Doskeland and Ginger Doskeland, known or identified to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. •'uc R�':�� ZWr A i'� Residing at: �. My commission expires: L Zd(J �'%,,ATE OF��.•�' QUITCLAIM DEED-2 M:\Clients\Doskeland,Roald and Ginger K-05105\05105.001 -Estate Planning\2011 ep\QCD-Adkins Way.doc I ADA COUNTY RECORDER J. DAVID NAVARRO 1 DOISE Y Vic i Allen 04:04 PM k= DEPUTY Vicki AUen F QUITCLAIM I RECORDED-REQUEST OF III IIIIIIIIIIIIIIIIIIIIIIIIIIIII�i III r_ Pioneer I 1 AMOUNT 3.00 104090186 FOR VALUE RECEIVED WINDRIDGE, LLC, A LIMITED LIABILITY COMPANY, Do hereby convey, release, and forever quit claim unto Roald Doskeland and Ginger Doskeland, husband and wife Whose current address is: 10235 W. Hinsdale Court Boise,Idaho 83704 The following described premises, to-wit: Lot 5 in Block 1 of Medimont Subdivision No. 1, according to the plat thereof, filed in book 75 of plats at pages 7794 and 7795, records of Ada County, Idaho. More commonly known as: 149 S. Adkins Way, Meridian, Idaho 83642 Dated: J 13, 2004 STATE OF IDAHO ) ss COUNTY OF ADA ) On this 13''day of July,in the year 2004,before me,a Notary Public, in and for the State of Idaho, personally appeared Roald Doskeland,known or identified to me to be one of the members in the Limited Liability Company of Windridge,LLC and the member or one of the members who subscribed said Limited Liability Company's name to the foregoing instrument,and acknowledged to me that he executed the same in said Limited Liability Company's name. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certifi a first above written. z rmo N0 P IC OR HE T T IDAHO Q NpTAR,% - RESIDING AT:Boise,Idaho COMMISSION EXPIRES:8-10-2006 � � �''q .oF �oP`�\ ADA COUNTY RECORDER J. DAVID NAVARRO 1 BOISE IDAHO 07/16/04 04:04 PM DEPUTY Vicki Allen QUIitLAiM • RECORDED-REQUEST OFPione III I'll�lll'I'lllll'll'IIIIIII'III III AMOUNT 3.00 104090184 1 FOR VALUE RECEIVED ROAM DOSKELAND AND GINGER DOSKELA Z, HUSBAND AND WIFE, Do hereby convey, release, and forever quit claim unto Windridge, LLC, a Limited Liability Company Whose current address is: 10480 Garverdale Court, Ste. 804A Boise, Idaho 83704 ! The following described premises, to-wit: Lot 5 in Block 1 of Medimont Subdivision No. 1, according to the plat thereof, filed in book 75 of plats at pages 7794 and 7795, records of Ada County, Idaho. More commonly known as: 149 S. Adkins Way, Meridian, Idaho 83642 F Dated: July 13, 2004 L '� STATE OF IDAHO )SS County of ADA ) On this 13th day of July-, 2004,before me, a Notary Public in and for said State,personally appeared Roald Doskeland and Ginger Doskeland,known or identified to me,and acknowledged to me that they executed the foregoing instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in t ' erti ate fi t written abo . No ry Public for The State of Idaho �f NOTAI�Y'a Residing at Boise,Idaho t i Commission Expires: 8-10-2006 �. \\ 0qi 6- _�/f��# RECORDED-REQUESTOF This instrument prepared by and } ^W,T'J 1`�W Rr" r <E T �,.E D after recording return to: Er, w Tami Grigsby 2 U'2 vA Q PM 3: 59 1 J L 0 0 3 7 5 9 U.S. Bank N.A. BS—ID—CB2 — Real Estate Banking 101 S. Capitol Blvd. , Suite 200 Boise, ID 83702 Dosk IDAHO DEED OF TRUST, SECURITY AGREEMENT AND ASSIGNMENT OF RENTS AND LEASES (INCLUDING FIXTURE FILING UNDER UNIFORM COMMERCIAL CODE) This Idaho Deed of Trust, Security Agreement and Assignment of Rents and Leases (Including Fixture Filing Under Uniform Commercial Code) ('Deed of Trust ")is made and entered into by the undersigned borrower(s), guarantor(s) and/or other obligor(s)/pledgor(s) (collectively the "Grantor")in favor of U.S. BAW__TRUST_ COMPANY. N.A _ _ , having a mailing address g15�sw OAIC�PORTLAND, U.S._ 97204 Trustee "),for the benefit of .S. BANK N.A. _ (the 'Beneficiary "),as of the date set forth below. ARTICLE I. CONVEYANCE/MORTGAGED PROPERTY 1.1 Grant of Deed of Trust/Security Interest. For valuable consideration, in hand paid by the Trustee to the Grantor, and the financial accommodations from the Beneficiary to the Grantor as described below, the Grantor has bargained, sold, conveyed and confirmed, and hereby bargains, sells, conveys and confirms, unto Trustee, its successors and assigns, for the benefit of the Beneficiary, the Mortgaged Property (defined below) to secure all of the Grantor's Obligations (defined below) to the Beneficiary. The intent of the parties hereto is that the Mortgaged Property secures all Obligations of the Grantor to the Beneficiary, whether now or hereafter existing, between the Grantor and the Beneficiary or in favor of the Beneficiary, including, without limitation, any note, any loan or security agreement, any lease, any other mortgage, deed of trust or other pledge of an interest in real or personal property, any guaranty, any letter of credit or reimbursement agreement or banker's acceptance, any agreement for any other services or credit extended by the Beneficiary to the Grantor even though not specifically enumerated herein and any other agreement with the Beneficiary (together and individually, the 'Loan Documents "). The parties further intend that this Deed of Trust shall operate as a security agreement with respect to those portions of the Mortgaged Property which are subject to Article 9 of the Uniform Commercial Code. 1.2 "Mortgaged Property" means all of the following, whether now owned or existing or hereafter acquired by the Grantor, wherever located: all the real estate described below or in Exhibit A attached hereto (the 'Land"),together with all buildings, structures, fixtures, equipment, inventory and furnishings used in connection with the Land and improvements; all materials, contracts, drawings and personal property relating to any construction on the Land; and all other improvements now or hereafter constructed, affixed or located thereon (the "Improvements ")(the Land and the Improvements collectively the 'Premises "); TOGETHER with any and all easements, rights-of-way, licenses, privileges, and appurtenances thereto, and any and all leases or other agreements for the use or occupancy of the Premises, all the rents, issues, profits or any proceeds therefrom and all security deposits and any guaranty of a tenant's obligations thereunder (collectively the 'Rents "); all awards as a result of condemnation, eminent domain or other decrease in value of the Premises and all insurance and other proceeds of the Premises. 1714DID ©us bancorp 2001 B 1 Page 1 of 9 10/01 The Land is described as follows (or in Exhibit Ahereto if the description does not appear below): Lot 5 in Block 1 of Medimont Subdivision No. 1, according to the plat thereof, filed in Book 75 of Plats at pages 7794 and 7795, records of Ada County, Idaho. Property Address: 149 S. Adkins Way, Meridian, Idaho 83642 Parcel No. : 03-R5652600500 Together with all and singular the passages, waters, water rights (whether tributary or non-tributary), water courses, riparian rights, wells, well permits, water stock, other rights, liberties and privileges thereof or in any way now or here- after appertaining to the Property. 1.3 "Obligations "means all loans by the Beneficiary to Roald Do_s_keland _and/or Ginger Doskeland____ including those loans evidenced by a note or notes dated 01 10 02 in the initial principal amount(s) of S 1-o 5 0.0 0 0_.0 0 , and any extensions, renewals, restatements and modifications thereof and all principal, interest, fees and expenses relating thereto (the 'Note"); and also means all the Grantor's debts, liabilities, obligations, covenants, warranties, and duties to the Beneficiary (plus its affiliates including any credit card debt, but specifically excluding any type of consumer credit), whether now or hereafter existing or incurred, whether liquidated or unliquidated, whether absolute or contingent, whether arising out of the Loan Documents or otherwise, and regardless of whether such Obligations arise out of existing or future credit granted by the Beneficiary to any Grantor, to any Grantor and others, to others guaranteed, endorsed or otherwise secured by any Grantor or to any debtor-in-possession/successor-in-interest of any Grantor, and principal, interest, fees, expenses and charges relating to any of the foregoing, including, without limitation, costs and expenses of collection and enforcement of this Deed of Trust, attorneys' fees of both inside and outside counsel and environmental assessment or remediation costs. The interest rate and maturity of such Obligations are as described in the documents creating the indebtedness secured hereby. 1.4 Homestead. The Premises are -not the homestead of the Grantor. If so, the Grantor releases and (are)(are not) waives all rights under and by virtue of the homestead exemption laws of the State of Idaho. 1.5 Future Advances. This Deed of Trust secures future advances made pursuant to Idaho Code Section 45-108 and shall secure the payment of all loan advances included within the term "Obligations", regardless of the time such advances are made. This Deed of Trust shall also secure unpaid balances of advances made with respect to the Mortgaged Property for the payment of taxes, assessments, insurance premiums or costs incurred for the protection of the Mortgaged Property and other costs which the Bank is authorized by this Deed of Trust to pay on Grantor's behalf, plus interest thereon, regardless of the time when such advances are made. ARTICLE 11. WARRANTIES AND COVENANTS In addition to all other warranties and covenants of the Grantor under the Loan Documents which are expressly incorporated herein as part of this Deed of Trust, including the covenants to pay and perform all Obligations, and while any part of the credit granted the Grantor under the Loan Documents is available or any Obligations of the Grantor to the Beneficiary are unpaid or outstanding, the Grantor continuously warrants to the Beneficiary and the Trustee and agrees as follows: 2.1 Warranty of Title/Possession. The Grantor warrants that it has sole and exclusive title to and possession of the Premises, excepting only the following 'Permitted Encumbrances ": restrictions and easements of record, and zoning ordinances (the terms of which are and willbe complied with, and in the case of easements, are and willbe kept free of encroachments), taxes and assessments not yet due and payable and those Permitted Encumbrances set forth on Exhibit B attached hereto (except that if no Exhibit B is attached, there willbe no additional Permitted Encumbrances). The lien of this Deed of Trust, subject only to Permitted Encumbrances, is and willcontinue to be a valid first and only lien upon all of the Mortgaged Property. 2.2 Maintenance; Waste; Alteration. The Grantor willmaintain the Premises in good and tenantable condition and willrestore or replace damaged or destroyed improvements with items of at least equal utilityand value. The Grantor will not commit or permit waste to be committed on the Premises. The Grantor willnot remove, demolish or materially alter 1714DID Page 2 of 9 10/01 any part of the Premises without the Beneficiary's prior written consent, except the Grantor may remove a fixture, provided the fixture is promptly replaced with another fixture of at least equal utility. The replacement fixture will be subject to the priority lien and security of this Deed of Trust. 2.3 Transfer and Liens. The Grantor will not, without the prior written consent of the Beneficiary, which may be withheld in the Beneficiary's sole and absolute discretion, either voluntarily or involuntarily (a) sell, assign, lease or transfer, or permit to be sold, assigned, leased or transferred, any part of the Premises, or any interest therein; or (b) pledge or otherwise encumber, create or permit to exist any mortgage, pledge, lien or claim for lien or encumbrance upon any part of the Premises or interest therein, except for the Permitted Encumbrances. Beneficiary has not consented and will not consent to any contract or to any work or to the furnishing of any materials which might be deemed to create a lien or liens superior to the lien of this Deed of Trust or otherwise. 2.4 Escrow. After written request from the Beneficiary, the Grantor willpay to the Beneficiary sufficient funds at such time as the Beneficiary designates, to pay (a) the estimated annual real estate taxes and assessments on the Premises; and (b) all property or hazard insurance premiums when due. Interest will not be paid by the Beneficiary on any escrowed funds. Escrowed funds may be commingled with other funds of the Beneficiary. All escrowed funds are hereby pledged as additional security for the Obligations. 2.5 Taxes, Assessments and Charges. To the extent not paid to the Beneficiary under 2.4 above, the Grantor will pay before they become delinquent all taxes, assessments and other charges now or hereafter levied or assessed against the Premises, against the Beneficiary based upon this Deed of Trust or the Obligations secured by this Deed of Trust, or upon the Beneficiary's interest in the Premises, and deliver to the Beneficiary receipts showing timely payment. 2.6 Insurance. The Grantor will continually insure the Premises against such perils or hazards as the Beneficiary may require, in amounts, with acceptable co-insurance provisions, not less than the unpaid balance of the Obligations or the fullreplacement value of the Improvements, whichever is less. The policies willcontain an agreement by each insurer that the policy will not be terminated or modified without at least thirty (30) days' prior written notice to the Beneficiary and will contain a mortgage clause acceptable to the Beneficiary; and the Grantor will take such other action as the Beneficiary may reasonably request to ensure that the Beneficiary will receive (subject to no other interests) the insurance proceeds from the Improvements. The Grantor hereby assigns all insurance proceeds to and irrevocably directs, while any Obligations remain unpaid, any insurer to pay to the Beneficiary the proceeds of all such insurance and any premium refund; and authorizes the Beneficiary to endorse the Grantor's name to effect the same, to make, adjust or settle, in the Grantor's name, any claim on any insurance policy relating to the Premises. The proceeds and refunds will be applied in such manner as the Beneficiary, in its sole and absolute discretion, determines to rebuilding of the Premises or to payment of the Obligations, whether or not then due and payable. 2.7 Condemnation. Any compensation received for the taking of the Premises, or any part thereof, by a condemnation proceeding (including payments in compromise of condemnation proceedings), and all compensation received as damages for injury to the Premises, or any part thereof, shall be applied in such manner as the Beneficiary, in its sole and absolute discretion, determines to rebuilding of the Premises or to payment of the Obligations, whether or not then due and payable. 2.8 Environmental Matters. Except as specifically disclosed by Grantor to Beneficiary in writing prior to the execution of this Deed of Trust, Grantor represents and warrants as follows. There exists no uncorrected violation by the Grantor of any federal, state or local laws (including statutes, regulations, ordinances or other governmental restrictions and requirements) relating to the discharge of air pollutants, water pollutants or process waste water or otherwise relating to the environment or Hazardous Substances as hereinafter defined, whether such laws currently exist or are enacted in the future (collectively 'Environmental Laws"). The term "Hazardous Substances " will mean any hazardous or toxic wastes, chemicals or other substances, the generation, possession or existence of which is prohibited or governed by any Environmental Laws. The Grantor is not subject to any judgment, decree, order or citation, or a party to (or threat- ened with) any litigation or administrative proceeding, which asserts that the Grantor (a) has violated any Environmental Laws; (b) is required to clean up, remove or take remedial or other action with respect to any Hazardous Substances (collectively 'Remedial Action");or (c) is required to pay all or a portion of the cost of any Remedial Action, as a poten- tially responsible party. Except as disclosed on the Borrower's environmental questionnaire provided to the Beneficiary, there are not now, nor to the Grantor's knowledge after reasonable investigation have there ever been, any Hazardous Substances (or tanks or other facilities for the storage of Hazardous Substances) stored, deposited, recycled or disposed of on, under or at any real estate owned or occupied by the Grantor during the periods that the Grantor owned or occupied such real estate, which if present on the real estate or in soils or ground water, could require Remedial Action. To the Grantor's knowledge, there are no proposed or pending changes in Environmental Laws which would adversely affect the Grantor or its business, and there are no conditions existing currently or likely to exist while the Loan Docu- ments are in effect which would subject the Grantor to Remedial Action or other liability. The Grantor currently complies with and will continue to timely comply with all applicable Environmental Laws; and will provide the Beneficiary, immediately upon receipt, copies of any correspondence, notice, complaint, order or other document from any source asserting or alleging any circumstance or condition which requires or may require a financial contribution by the Grantor 1714DID Page 3 of 9 10101 or Remedial Action or other response by or on the part of the Grantor under Environmental Laws, or which seeks damages or civil,criminal or punitive penalties from the Grantor for an alleged violation of Environmental Laws. In the event of any such circumstance or condition, the Grantor agrees, at its expense and at the request of the Beneficiary, to permit an environmental audit solely for the benefit of the Beneficiary, to be conducted by the Beneficiary or an independent agent selected by the Beneficiary and which may not be relied on by the Grantor for any purpose. This provision shall not relieve the Grantor from conducting its own environmental audits or taking any other steps necessary to comply with Environmental Laws. 2.9 Assignments. The Grantor willnot assign, in whole or in part, without the Beneficiary's prior written consent, the rents, issues or profits arising from the Premises. 2.10 Right of Inspection. The Beneficiary may at all reasonable times enter and inspect the Premises. 2.11 Waivers by Grantor. To the greatest extent that such rights may then be lawfully waived, the Grantor hereby agrees for itself and any persons claiming under the Deed of Trust that it willwaive and willnot, at any time, insist upon or plead or in any manner whatsoever claim or take any benefit or advantage of (a) any exemption, stay, extension or moratorium law now or at any time hereafter in force; (b) any law now or hereafter in force providing for the valuation or appraisement of the Premises or any part thereof prior to any sale or sales thereof to be made pursuant to any provision herein contained or pursuant to the decree, judgment or order of any court of competent jurisdiction; (c) to the extent permitted by law, any law now or at any time hereafter made or enacted granting a right to redeem from foreclosure or any other rights of redemption in connection with foreclosure of, or exercise of any power of sale under, this Deed of Trust; (d) any statute of limitations now or at any time hereafter in force; or (e) any right to require marshalling of assets by the Beneficiary. 2.12 Assignment of Rents and Leases. The Grantor assigns and transfers to the Beneficiary, as additional security for the Obligations, all right, title and interest of the Grantor in and to all leases which now exist or hereafter may be executed by or on behalf of the Grantor covering the Premises and any extensions or renewals thereof, together with all Rents, it being intended that this is an absolute and present assignment of the Rents. Notwithstanding that this assignment constitutes a present assignment of leases and rents, the Grantor may collect the Rents and manage the Premises, but only if and so long as a default has not occurred. If a default occurs, the right of Grantor to collect the Rents and to manage the Premises shall thereupon automatically terminate and such right, together with other rights, powers and authorizations contained herein, shall belong exclusively to the Beneficiary. This assignment confers upon the Beneficiary a power coupled with an interest and cannot be revoked by the Grantor. Upon the occurrence of a default, the Beneficiary, at its option without notice and without seeking or obtaining the appointment of a receiver or taking actual possession of the Premises may (a) give notice to any tenant(s) that the tenant(s) should begin making payments under their lease agreement(s) directly to the Beneficiary or its designee; (b) commence a foreclosure action and file a motion for appointment of a receiver; or (c) give notice to the Grantor that the Grantor should collect all Rents arising from the Premises and remit them to the Beneficiary upon collection and that the Grantor should enforce the terms of the lease(s) to ensure prompt payment by tenant(s) under the lease(s). All Rents received by the Grantor shall be held in trust by the Grantor for the Beneficiary. All such payments received by the Beneficiary may be applied in any manner as the Beneficiary determines to payments required under this Deed of Trust, the Loan Documents and the Obligations. The Grantor agrees to hold each tenant harmless from actions relating to tenant's payment of Rents to the Beneficiary. 2.13 Fixture Filing. From the date of its recording, this Deed of Trust shall be effective as a financing statement filed as a fixture filing under the Uniform Commercial Code with respect to the Improvements and for this purpose the name and address of the debtor is the name and address of the Grantor as set forth in this Deed of Trust and the name and address of the secured party is the name and address of the Beneficiary as set forth in this Deed of Trust. The Mortgaged Property includes goods which are or may become so affixed to real property as to become fixtures. Ifany of the Mortgaged Property is of a nature such that a security interest therein can be perfected under the Uniform Commercial Code, this Deed of Trust shall also constitute the grant of a security interest to the Beneficiary and serve as a Security Agreement, and Grantor authorizes the filing of any financing statements and agrees to execute other instru- ments that may be required for the further specification, perfection or renewal of such security interest. ARTICLE III. RIGHTS AND DUTIES OF THE BENEFICIARY In addition to all other rights (including setoff) and duties of the Beneficiary under the Loan Documents which are expressly incorporated herein as a part of this Deed of Trust, the following provisions will also apply: 3.1 Beneficiary Authorized to Perform for Grantor. If the Grantor fails to perform any of the Grantor's duties or covenants set forth in this Deed of Trust, the Beneficiary may perform the duties or cause them to be performed, including, without limitation, signing the Grantor's name or paying any amount so required, and the cost, with interest at the default rate set forth in the Loan Documents, will immediately be due from the Grantor to the Beneficiary from the date of expenditure by the Beneficiary to date of payment by the Grantor, and willbe one of the Obligations secured by 1714DID Page 4 of 9 10/01 this Deed of Trust. All acts by the Beneficiary are hereby ratified and approved, and the Beneficiary willnot be liable for any acts of commission or omission, nor for any errors of judgment or mistakes of fact or law. ARTICLE IV. DEFAULTS AND REMEDIES The Beneficiary may enforce its rights and remedies under this Deed of Trust upon default. A default will occur if the Grantor fails to comply with the terms of any Loan Documents (including this Deed of Trust or any guaranty by the Grantor) or a demand for payment is made under a demand loan, or the Grantor defaults on any other mortgage affecting the Land, or if any other obligor fails to comply with the terms of any Loan Documents for which the Grantor has given the Beneficiary a guaranty or pledge. Upon the occurrence of a default, the Beneficiary may declare the Obligations to be immediately due and payable. 4.1 Remedies. In addition to the remedies for default set forth below and in the other Loan Documents, including acceleration, the Beneficiary upon default willhave all other rights and remedies for default available by law or equity. Upon a default, Beneficiary may exercise the following remedies: (a) Enforcement of Assignment of Rents and Leases. Beneficiary may: (i)terminate the license granted to Grantor to collect the Rents (regardless of whether Beneficiary or Trustee shall have entered into possession of the Mortgaged Property), collect and sue for the Rents in Beneficiary's own name, give receipts and releases therefor, and after deducting all expenses of collection, including reasonable attorneys' fees, apply the net proceeds thereof to any Obligations as Beneficiary may elect; (ii)make, modify, enforce, cancel or accept surrender of any leases, evict tenants, adjust Rents, maintain, deco- rate, refurbish, repair, clean, and make space ready for renting, and otherwise do anything Beneficiary reasonably deems advisable in connection with the Mortgaged Property; (iii)apply the Rents so collected to the operation and management of the Mortgaged Property, including the payment of reasonable management, brokerage and attorneys' fees, or to the Obligations; and (iv)require Grantor to transfer and deliver possession of all security deposits and records thereof to Beneficiary. (b) Power of Sale. Beneficiary may require the Trustee, and the Trustee is hereby authorized and empowered, to enter and take possession of the Premises and to sell all or part of the Mortgaged Property, at public auction, to the highest bidder for cash, free from equity of redemption, and any statutory or common law right of redemption, homestead, marital share, and all other exemptions, after giving notice of the time, place and terms of such sale and of the Mortgaged Property to be sold, in accordance with applicable law. The Trustee shall execute a conveyance to the purchaser in fee simple and deliver possession to the purchaser, which the Grantor warrants shall be given with- out obstruction, hindrance or delay. The Trustee may sell all or any portion of the Mortgaged Property, together or in lots or parcels, and may execute and deliver to the purchaser or purchasers of such property a conveyance in fee simple. The Trustee shall receive the proceeds thereof and shall apply the same as follows: (a) first,the payment of the expenses of making, maintaining and executing this trust, protection of the Mortgaged Property, including the expense of any litigation and reasonable attorneys' fees, and reasonable compensation to the Trustee; (b) second, to any advancements made by the Trustee or the Beneficiary pursuant hereto, with interest thereon; (c) third, to the payment of the Obligations herein secured or intended so to be, in such order as Beneficiary shall elect, and any balance of said Obligations may be the subject of immediate suit; (d) and, fourth, should there by any surplus, Trustee willpay it to the Grantor, or to such person as may be legally entitled thereto. The sale or sales by Trustee of less than the whole of the Mortgaged Property shall not exhaust the power of sale herein granted, and the Trustee is specifically empowered to make successive sale or sales under such power until the whole of the Mortgaged Property shall be sold; and if the proceeds of such sale or sales of less than the whole of the Premises shall be less than the aggregate of the Obligations and the expenses thereof, this Deed of Trust and the lien, security interest and assignment hereof shall remain in full force and effect as to the unsold portion of the Mortgaged Property; provided, however, that Grantor shall never have any right to require the sale or sales of less than the whole of the Mortgaged Property, but Beneficiary shall have the right at its sole election, to request the Trustee to sell less than the whole of the Mortgaged Property. Beneficiary may bid and become the purchaser of all or any part of the Mortgaged Property at any such sale, and the amount of Beneficiary's successful bid may be credited on the Obligations. In the event of a foreclosure of this Deed Trust, whether pursuant to the power of sale granted herein or pursuant to court decree, the Grantor shall remain liable for any deficiency. (c) Judicial and Other Relief. Beneficiary or Trustee may proceed by a suit or suits in equity or at law, whether for the specific performance of any covenant or agreement herein contained or in aid of the execution of any power herein granted, or for any foreclosure hereunder or for the sale of the Mortgaged Property under the judgment or decree of any court or courts of competent jurisdiction. (d) Entry on Premises; Tenancy at Will. (i)Beneficiary may enter into and upon and take possession of all or any part of the Mortgaged Property, and may exclude Grantor, and all persons claiming under Grantor, and its agents or servants, wholly or partly therefrom; and, 1714DID Page 5 of 9 10/01 holding the same, Beneficiary may use, administer, manage, operate, and control the Mortgaged Property and may exercise all rights and powers of Grantor in the name, place and stead of Grantor, or otherwise, as the Beneficiary shall deem best; and in the exercise of any of the foregoing rights and powers Beneficiary shall not be liable to Grantor for any loss or damage thereby sustained unless due solely to the willfulmisconduct or gross negligence of Beneficiary. (ii)In the event of a trustee's or other foreclosure sale hereunder and if at the time of such sale Grantor or any other party (other than a tenant under a Lease as to which the Beneficiary shall have expressly subordinated the lien of this Deed of Trust as hereinabove set out) occupies the portion of the Mortgaged Property so sold or any part thereof, such occupant shall immediately become the tenant of the purchaser at such sale, which tenancy shall be a tenancy from day to day, terminable at the will of such purchaser, at a reasonable rental per day based upon the value of the portion of the Premises so occupied (but not less than any rental theretofore paid by such tenant, com- puted on a daily basis). An action of forcible detainer shall lie if any such tenant holds over a demand in writing for possession of such portion of the Premises. (e) Receiver. Beneficiary may make application to a court of competent jurisdiction, as a matter of strict right and without notice to Grantor or regard to the adequacy of the Mortgaged Property for the repayment of the Obligations, for appointment of a receiver of the Mortgaged Property, and Grantor does hereby irrevocably consent to such appointment. Any such receiver shall have all necessary and proper powers and duties of receivers in similar cases, including the full power to rent, maintain and otherwise operate the Mortgaged Property upon such terms as may be approved by the court. (f) Remedies Cumulative, Concurrent and Nonexclusive. If the Obligations are now or hereafter further secured by chattel mortgages, other deeds of trust, security agreements, pledges, contracts of guaranty, assignments of leases, or other security, Beneficiary may, at its option, exhaust its remedies under any one or more of said instru- ments and this Deed of Trust, either concurrently or independently, and in such order as Beneficiary may determine. Beneficiary shall have all rights, remedies and recourses granted in the Loan Documents and available to it at law or equity (including, without limitation, those granted by the Uniform Commercial Code), and same (a) shall be cumula- tive, concurrent, and nonexclusive, (b) may be pursued separately, successively or concurrently against Grantor or others obligated for the Obligations, or any part thereof or against any one or more of them, or against the Mortgaged Property, at the sole discretion of Beneficiary, and (c) may be exercised as often as occasion therefor shall arise, it being agreed by Grantor that the exercise of or failure to exercise any of same shall in no event be construed as a waiver or release thereof or of any other right, remedy or recourse. (g) Waiver by the Beneficiary. The Beneficiary may permit the Grantor to attempt to remedy any default without waiving its rights and remedies hereunder, and the Beneficiary may waive any default without waiving any other sub- sequent or prior default by the Grantor. Furthermore, delay on the part of the Beneficiary in exercising any right, power or privilege hereunder or at law will not operate as a waiver thereof, nor will any single or partial exercise of such right,power or privilege preclude other exercise thereof or the exercise of any other right,power or privilege. No waiver or suspension willbe deemed to have occurred unless the Beneficiary has expressly agreed in writing specify- ing such waiver or suspension. (h) Attorneys' Fees and Other Costs. Attorneys' fees and other costs incurred in connection with this Deed of Trust may be recovered by the Beneficiary and included in any sale made hereunder or by judgment of foreclosure. ARTICLE V. TRUSTEE 5.1 Action by Trustee. The Trustee named herein shall be clothed with full power to act when action hereunder shall be required, and to execute any conveyance of the Mortgaged Property. In the event that the substitution of the Trustee shall become necessary for any reason, the substitution of a trustee in the place of that named herein shall be sufficient. The term "Trustee" shall be construed to mean "Trustees" whenever the sense requires. The necessity of the Trustee herein named, or any successor in trust, making oath or giving bond, is expressly waived. 5.2 Employment of Agents. The Trustee, or any one acting in it's stead, shall have, in it's discretion, authority to employ all property agents and attorneys in the execution of this trust and/or in the conducting of any sale made pursuant to the terms hereof, and to pay for such services rendered out of the proceeds of the sale of the Mortgaged Property, should any be realized; and if no sale be made or if the proceeds of sale be insufficient to pay the same, then Grantor hereby undertakes and agrees to pay the cost of such services rendered to said Trustee. Trustee may rely on any document believed by it in good faith to be genuine. Allmoney received by the Trustee shall, until used or applied as herein provided, be held in trust, but need not be segregated (except to the extent required by law), and the Trustee shall not be liable for interest thereon. 5.3 Indemnification of Trustee. If the Trustee shall be made a party to or shall intervene in any action or proceeding affecting the Mortgaged Property or the title thereto, or the interest of the Trustee or Beneficiary under this Deed of Trust, the Trustee and Beneficiary shall be reimbursed by Grantor, immediately and without demand, for all reasonable costs, 1714DID Page 6 of 9 10/01 charges and attorneys' fees incurred by them or either of them in any such case, and the same shall be secured hereby as a further charge and lien upon the Mortgaged Property. 5.4 Successor Trustee. Beneficiary may at any time, including any time before, during or after the commencement or completion of any foreclosure proceeding, remove Trustee (with or without cause) and appoint a successor Trustee by an instrument executed, acknowledged and recorded in the real estate records, which recording may take place before, during or after the commencement or completion of any foreclosure proceeding, and any such successor Trustee shall thereupon succeed to Trustee as Trustee hereunder as if named herein. No defect in the removal of Trustee or in the appointment of a successor or in the execution and recording of such appointment shall affect the validity thereof. Additionally, whether the recording of the successor Trustee instrument takes place before, during or after the com- mencement or completion of any foreclosure proceeding shall have no effect upon the validity of said proceeding. Trustee shall not be disqualified by reason that Trustee is an officer, employee or stockholder of Beneficiary, or has an interest in the Obligations. Allparties waive any objection to Trustee having any such interest. Trustee shall be liable only for gross negligence or willful misconduct. No indemnity or remedy herein conferred is exclusive of any other remedy or indemnity, but each shall be in addition to every other hereunder and at law or in equity. No delay or omission by Trustee or Beneficiary to exercise any right or power shall impair such right or power or be construed as a waiver of any default or an acquiescence therein. If Trustee shall have proceeded to enforce any right by foreclosure, entry or otherwise, and such proceedings are discontinued for any reason, or shall have been determined adversely, then Grantor and Trustee shall severally and respectively be restored to their former positions and rights hereunder. ARTICLE VI. MISCELLANEOUS In addition to all other miscellaneous provisions under the Loan Documents which are expressly incorporated as a part of this Deed of Trust, the following provisions will also apply: 6.1 Term of Deed of Trust. This Deed of Trust shall continue in full force and effect until this Deed of Trust is released. 6.2 Time of the Essence. Time is of the essence with respect to payment of the Obligations, the performance of all covenants of the Grantor and the payment of taxes, assessments, and similar charges and insurance premiums. 6.3 Subrogation. The Beneficiary willbe subrogated to the lien of any mortgage or other lien discharged, in whole or in part, by the proceeds of the Note or other advances by the Beneficiary, in which event any sums otherwise advanced by the Beneficiary shall be immediately due and payable, with interest at the default rate set forth in the Loan Documents from the date of advance by the Beneficiary to the date of payment by the Grantor, and will be one of the Obligations secured by this Deed of Trust. 6.4 Choice of Law. This Deed of Trust willbe governed by the laws of the state in which the Mortgaged Property is located. For all other purposes, the choice of law specified in the Loan Documents will govern. 6.5 Severability. Invalidity or unenforceability of any provision of this Deed of Trust shall not affect the validity or enforceability of any other provision. 6.6 Entire Agreement. This Deed of Trust is intended by the Grantor and the Beneficiary as a final expression of this Deed of Trust and as a complete and exclusive statement of its terms, there being no conditions to the full effectiveness of this Deed of Trust. No parol evidence of any nature shall be used to supplement or modify any terms. 6.7 Joint Liability;Successors and Assigns. If there is more than one Grantor, the liability of the Grantors will be joint and several, and the reference to "Grantor"shall be deemed to refer to each Grantor and to all Grantors. The rights, options, powers and remedies granted in this Deed of Trust and the other Loan Documents shall extend to the Beneficiary and to its successors and assigns, shall be binding upon the Grantor and its successors and assigns, and shall be applicable hereto and to all renewals, amendments and/or extensions hereof. 6.8 Indemnification. Except for harm arising from the Beneficiary's or the Trustee's willful misconduct, the Grantor hereby indemnifies and agrees to defend and hold the Beneficiary and the Trustee harmless from any and all losses, costs, damages, claims and expenses (including, without limitation, attorneys' fees and expenses) of any kind suffered by or asserted against the Beneficiary or the Trustee relating to claims by third parties arising out of the financing provided under the Loan Documents or related to the Mortgaged Property (including, without limitation, the Beneficiary's failure to perform its obligations relating to Environmental Matters described in Section 2.8 above) or the exercise by the Beneficia- ry or the Trustee of any of their respective powers, rights and remedies under this Deed of Trust. This indemnification and hold harmless provision will survive the termination of the Loan Documents and the satisfaction of this Deed of Trust and Obligations due the Beneficiary. 6.9 Notices. Notice of any record shall be deemed delivered when the record has been (a) deposited in the United States Mail,postage pre-paid, (b) received by overnight delivery service, (c) received by telex, (d) received by telecopy, (e) received through the internet, or(f) when personally delivered. 6.10 Release of Rights of Homestead and Distributive Share. Each of the undersigned hereby relinquishes all 1714DID Page 7 of 9 10"01 rights of homestead and distributive share in and to the Mortgaged Property and waives all rights of exemption as to any of the Mortgaged Property. 6.11 Copy. The Grantor hereby acknowledges the receipt of a copy of this Deed of Trust, together with a copy of each promissory note secured hereby, and all other documents executed by the Grantor in connection herewith. 6.12 Usury Savings Clause. Notwithstanding anything herein or in the Note to the contrary, no provision contained herein or in the Note which purports to obligate the Grantor to pay any amount of interest or any fees, costs or expenses which are in excess of the maximum permitted by applicable law, shall be effective to the extent that it calls for the payment of any interest or other sums in excess of such maximum. All agreements between the Grantor and the Beneficiary, whether now existing or hereafter arising and whether written or oral, are hereby limited so that in no contingency, whether by reason of demand for payment of or acceleration of the maturity of any of the indebtedness secured hereby or otherwise, shall the interest contracted for, charged or received by the Beneficiary exceed the maximum amount permissible under applicable law. If,from any circumstance whatsoever, interest would otherwise be payable to the Beneficiary in excess of the maximum lawful amount, the interest payable to the Beneficiary shall be reduced to the maximum amount permitted under applicable law; and if from any circumstance the Beneficiary shall ever receive anything of value deemed interest by applicable law in excess of the maximum lawful amount, an amount equal to any excessive interest shall at the Beneficiary's option, be refunded to the Grantor or be applied to the reduction of the principal balance of the indebtedness secured hereby and not to the payment of interest or, if such excessive interest exceeds the unpaid balance of principal indebtedness secured hereby, such excess shall be refunded to the Grantor. This paragraph shall control all agreements between the Grantor and the Beneficiary. 6.13 Riders. The rider(s) attached hereto and recorded together with this Deed of Trust are hereby fully incorporated into this Deed of Trust. [Check applicable box(es)] ❑Condominium Rider ❑Second Deed of Trust Rider ❑Construction Loan Rider ❑ Other(s) (Specify) IN WITNESS WHEREOF, the undersigned has/have executed this Deed of Trust as of -JANUARy .10 2002- (Individu Gran ) -- ----NSA - ---- --- _ Grantor Name(Organization) (inted Name Ro d Doskeland- By - - - - - Name and Title _- _------ _ _ N/A (Individual tor) By - -_ - Name and Title 1A Printed Name Ginger_Doskeland (Grantor Address) 10235 W. Hinsdale Court Boise,-ID_ __83704 (Beneficiary Address) PORTLAND, OR 97204 [NOTARIZATION ON NEXT PAGE) 1714DID Page 8 of 9 10/01 / A STATE OF / ss. COUNTY OF--_-(7 On -' _ � __ �' before me personally appeared-Roald Doskeland and Ginger Doskeland to me known to be the person(s) described in and who executed the foregoing instrument and known to me to be husband and wife _ -_- executing on behalf (Type of authority or title if any, e.g., officer, vice president, trustee; if an individual,a married individual, a single individual) of N/A (Name of entity on whose behalf the document was executed;use N/A if individual) a- - - -- - - ---- -- - N/A and -- - (State of organization and type of organization,use N/A if individual) acknowledged that he/she/they executed the same as the free act and deed of 6k) such indiv' al(s)/entity . (SEAL) ,-- P�Q���PPnRnr�„� N a Public - -- y rm expires _-_-_ -/7- 46105 •• G � a AUBL� i '•d.,�OF IT3���.e• �tl�G19 i9t94��� 1714DID Page 9 of 9 10/01 RECORDED-REQUEST CIF A7"COUNTY RECORDER �., � r�r 0:!'11G NaVARRO FEF�=DE1'UTy 2002A 10 Pei 3* 59 102003758 A Pioneer Company PIONEER TITLE COMPANY OF ADA COUNTY 821 W.State St./Boise,Idaho 83702 P10NEER TITLE (208)373-3744 WARRANTY DEED For Value Received Falash Properties,L.L.C.,an Idaho limited liability company hereinafter referred to as Grantor,does hereby grant,bargain,sell,warrant and convey unto Roald Doskeland and Ginger Doskeland,husband and wife hereinafter referred to as Grantee,whose current address is 10480 W.Garverdale Court,Boise,ID 83704 the following described premises,to-wit: Lot 5 in Block 1 of Medimont Subdivision No. 1,according to the plat thereof,filed in Book 75 of Plats at pages 7794 and 7795,records of Ada County,Idaho. Tax Parcel No.R5652600500 To HAVE AND TO HOLD the said premises,with their appurtenances unto the said Grantee,his heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee,that Grantor is the owner in fee simple of said premises; that said premises are free from all encumbrances except current years taxes,levies,and assessments,and except U.S.Patent reservations,restrictions,easements of record,and easements visible upon the premises,and that Grantor will warrant and defend the same from all claims whatsoever. Dated: January 4,2002 Falash Properties,LLC By Mich 1 A. al sh,Member STATE OF IDAHO,County of Ada,ss On this�Iday of January,in the year of 2002,before me the undersigned,a notary public, personally appeared Michael A.Falash,known or identified to be one of the member(s)/manager(s)in a limited liability company,of Falash Properties,LLC and the member(s)/manager(s)who subscribed d limited liability company name to the foregoing instrument,and acknowledged t0 me that ha she/they executed the same in said limited liability company name. •o lAN •, �' - ���'* �t"�' TC•���� Janet L.B 6sch :.'•� ND ~'�.9, Notary Public of IDAHO t a o \ 9 .0 at : Residing ���Q C, •� C fc Commission expires: March 17,2005 snr�A H O��•''~•,o �as°4 Haeu►dattt�• DocuSign Envelope ID:9DB6F8D7-5A21-4B23-86BB-988E763E7CE3 AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) COUNTY OF ADA ) I, Ginger Doskeland 577 S. Moonbeam Way (name) (address) Eagle Idaho (city) (state) being first duly sworn upon,oath,depose and say: 1. That I am the record owner of the property described on the attached, and I grant my permission to: Falo Me, LLC 149 S. Adkins Way, Suite 103, Meridian, ID 83642 (name) (address) to submit the accompanying application(s)pertaining to that property. 2. 1 agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. 3. 1 hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this 27 day of March 920 20 FZuSigned by: bSf L 4A, 54DBooa2062NE7... (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. (Notary Public for Idaho) Residing at: My Commission Expires: Community Development■Planning Division■33 E.Broadway Avenue,Ste. 102 Meridian,Idaho 83642 Phone:208-884-5533 Fax:208-888-6854 www.meridianciiy.org/planning DocuSign Envelope ID: D2EEOAE6-DF4B-45C9-84BA-617B6DFABOB9 COMMITMENT OF PROPERTY POSTING Per Unified Development Code (UDC) 11-5A-5D, the applicant for all applications requiring a public hearing (except for a UDC text amendment, a Comprehensive Plan text amendment and/or vacations) shall post the subject property not less than ten (10) days prior to the hearing. The applicant shall post a copy of the public hearing notice of the application(s) on the property under consideration. The applicant shall submit proof of property posting in the form of a notarized statement and a photograph of the posting to the City no later than seven (7) days prior to the public hearing attesting to where and when the sign(s) were posted. Unless such Certificate is received by the required date, the hearing will be continued. The sign(s) shall be removed no later than three (3) days after the end of the public hearing for which the sign(s)had been posted. I am aware of the above requirements and will comply with the posting requirements as stated in UDC 11-5A-5. DOCUSigned by: 5/6/2020 t signature Date Community Development■Planning Division■33 E.Broadway Avenue,Ste. 102 Meridian,Idaho 83642 Phone:208-884-5533 Fax:208-888-6854 www.meridianciiy.org/plgnning -E-Franklin=Rd o. b I y —_ '� ..Sly: .. �!!•_ � �I r ` ,,..,xc,� c _ h 1 L! f - I w -r I ' 1 ,_ •, _ _ I I I I I I I I'�'I I I 1111.1�'I I'Ill 1z) • I. ( ' E Kalispell St q' ,Uw)' 4 f ' 4X Google Earth Ie �' 600 ft Untitled Map --- .~ Legend Write a description for your map. ' 149 S Adkins Way Polygon Measure Railroad wo Adkins . - , r y F _ w 11 1 1 I / • n V V CITY OF MERIDIAN PRE-APPLICATION MEETING NOTES Project/Subdivision Name:Gracie Fighter Jui-Jitsu Date:4/2/2020 Applicant(s)/Contact(s): la Falo-Owner City Staff:Joe Dodson, Bill, Brian, and Tom. Location: 149 S.Adkins Way, Ste 103 Size of Property: 1.26 ac Comprehensive Plan FLUM Designation: Industrial Existing Use: Unknown; other tenants include a different martial arts studio Existing Zoning: I-L Proposed Use: Martial arts gym—Jui-iitsu (recreation center, indoors)30-40 clients maximum at one time(avq. 15-20). Group classes start at 5, 6, and 7pm. Existing TI has been approved but inspections are pending. Proposed Zoning: no change Surrounding Uses: Industrial/Commercial in all directions Street Buffer(s)and/or Land Use Buffer(s): NIA Access/Stub Streets:Three vehicle access points to building—one from S Adkins Way, and two from E Piper Ct. to the north. Waterways/Flood plain/Topography/Hazards: N/A History: Medimont Martial Arts Studio—CUP-11-005 Additional Meetinq Notes: -Comprehensive Plan limits non-industrial uses in industrial zones. Be sure to write thoughtful narrative regarding how this use is a good fit in the City of Meridian. In addition, narrative should state existing site conditions(i.e. existing uses within building and in neighboring structures, hours of operation of those businesses,available parking)and how this proposed business will work in sync with all conditions. -Martial arts gym falls under"arts, entertainment, or recreation facility indoor/outdoor" in our code;there are specific use standards for this use and focus on outdoor uses.Address these points in your narrative if they apply. If they do not apply,simply state why they do not. See UDC 11-4-3-2 for these standards. Note:A Traffic Impact Study(TIS)will be required by ACHD for large commercial projects and any residential development with over 100 units. To avoid unnecessary delays&expedite the hearing process, applicants are encouraged to submit the TIS to ACHD prior to submitting their application to the City. Not having ACHD comments and/or conditions on large projects may delay hearing(s)at the City. Please contact Mindy Wallace at 387- 6178 or Christy Little at 387-6144 at ACHD for information in regard to a TIS, conditions,impact fees and process. Other Agencies/Departments to Contact: ❑ Ada County Highway Dist. (ACHD) ❑ Nampa Meridian Irrigation Dist.(NMID) ❑ Public Works Department ❑ Idaho Transportation Dept.(ITD) ❑ Settler's Irrigation District ❑ Building Department ❑ Republic Services ❑ Police Department ❑ Parks Department,Kim Warren ❑ Central District Health Department ❑ Fire Department ❑ Other: Application(s)Required: ❑ Administrative Design Review ❑ Conditional Use Permit Modification/Transfer ❑ Rezone ❑ Alternative Compliance ❑ Development Agreement Modification ❑ Short Plat ❑ Annexation ❑ Final Plat ❑ Time Extension—Council ❑ City Council Review ❑ Final Plat Modification ❑ UDC Text Amendment ❑ Comprehensive Plan Amendment—Map ❑ Planned Unit Development ❑ Vacation ❑ Comprehensive Plan Amendment—Text ❑ Preliminary Plat ❑ Variance ® Conditional Use Permit ❑ Private Street ❑ Other Notes: 1)Applicants are required to hold a neighborhood meeting in accord with UDC 11-5A-5C prior to submittal of an application requiring a public hearing(except for a vacation or short plat);and 2)All applicants for permits requiring a public hearing shall post the site with a public hearing notice in accord with UDC 11-5A-5D.3(except for UDC text amendments, Comp Plan text amendments, and vacations). The information provided during this meeting is based on current UDC requirements and the Comprehensive Plan.Any subsequent changes to the UDC and/or Comp Plan may affect your submittal and/or application. This pre-application meeting shall be valid for four(4)months. 999 West Main Street, 300 CUSHMAN PACIFIC Boise ID 1111116 W A K E F I E L D COME au MuT,raansans Boise, 83702 Tel +1 208 287 9500 Fax +1 208 287 9501 paccra.com April 10th, 2020 R2 Rentals, LLC 68 S. Baltic Ave. Meridian, ID 83642 Regarding: Virtual Neighborhood Meeting Dear Property Owner, Your response is requested.... Due to concerns of COVID-19 and caution needed at this time in our history we plan to host a Virtual Neighborhood Meeting, via Zoom, instead of hosting an in person, physical meeting at a local vendor. A prospective tenant, pursuing operation within 149 South Adkins Way Suite 103, Meridian, ID 83642, requests your attendance at a "Virtual Neighborhood Meeting" as is required by the City of Meridian to obtain a Conditional Use Permit.The prospective tenant's use is a Martial Arts Academy, teaching the discipline of Jui-Jitsu. Please call or email Stephen Fife with your contact information, specifically email and phone number, to participate. Please be prepared to provide your preferred availability for the dates of April 22, 23, and 24. The meeting will be hosted for 60-90 minutes on one of the dates provided to field questions and help satisfy concerns of the tenants use. If you are not willing to participate or already approve of the tenants use, please state so in an email to Stephen Fife, contact information provided below. Stephen Fife Sales Associate— Industrial Specialist Cushman &Wakefield Pacific Direct: +1 (208) 287 8904 Main: +1 (208) 287 9500 Fax: +1 (208) 287 9501 stephen.fife@paccra.com No warranty or representation,express or implied,is made as to the accuracy of the information contained herein,and same is submitted subject to errors, omissions,change of price,rental or other conditions,withdrawal without notice,and to any special listing conditions,imposed by our principals. 999 West Main Street, Suite 1300 C U S H M A N & I PAC I F 1 C Boise, ID 83702 III111 6 WA K E F I E L D COMMERCIAL REAM ADVISORS Tel +1 208 287 9500 Fax +1 208 287 9501 paccra.com April 2011, 2020 Regarding: Virtual Neighborhood Meeting Dear Property Owner, Your Attendence is requested.... Due to concerns of COVID-19 and caution needed at this time in our history we plan to host a Virtual Neighborhood Meeting, via Zoom, instead of hosting an in person, physical meeting at a local vendor. A prospective tenant, pursuing operation within 149 South Adkins Way Suite 103, Meridian, ID 83642, requests your attendance at a "Virtual Neighborhood Meeting" as is required by the City of Meridian to obtain a Conditional Use Permit.The prospective tenant's use is a Martial Arts Academy, teaching the discipline of Jui-Jitsu. Please follow the below instructions to join the Zoom call. Join Zoom Meeting - We are using the newest security measures to protect your meeting. https://us02web.zoom.us/j/4884622613?pwd=TTBZNUVhdlhnN2hSbVE1 MDIYRUNPUT09 Meeting ID: 488 462 2613 Password: 915716 One tap mobile +16699006833„4884622613#„#,915716# US (San Jose) +13462487799„4884622613#„#,915716# US (Houston) Dial by your location +1 669 900 6833 US (San Jose) +1 346 248 7799 US (Houston) +1 929 205 6099 US (New York) +1 253 215 8782 US +1 301 715 8592 US +1 312 626 6799 US (Chicago) Meeting ID: 488 462 2613 Password: 915716 Find your local number: .https://us02web.zoom.us/u/keEOCsmuup No warranty or representation,express or implied,is made as to the accuracy of the information contained herein,and same is submitted subject to errors, omissions,change of price,rental or other conditions,withdrawal without notice,and to any special listing conditions,imposed by our principals. Thank you for your cooperation, Stephen Fife Sales Associate- Industrial Specialist Cushman &Wakefield Pacific Direct: +1 (208) 287 8904 Main: +1 (208) 287 9500 Fax: +1 (208) 287 9501 stephen.fife@paccra.com Stephen Fife From: Stephen Fife Sent: Tuesday, April 21, 2020 12:18 PM To: Stephen Fife Subject: RE: Virtual Neighborhood Meeting - Tenant at 149 Adkins Mr. Ketlinski, Please see the email below with directions to the "Virtual Neighborhood Meeting"taking place Thursday at 3pm. Thank you, Stephen Fife Sales Associate— Industrial Specialist Cushman &Wakefield Pacific Direct: +1 (208) 287 8904 Main: +1 (208)287 9500 Fax: +1 (208)287 9501 stephen.fife(@paccra.com CUSHMAN & ' PACIFIC d11llII h WAKE F IELD caMtucu.L6ALTr umsaes 999 West Main Street, Suite 1300 Boise, ID 83702 1 USA www.paccra.com Linkedln I Facebook I Twitter I YouTube I Google+ Instagram Independently Owned and Operated/A Member of the Cushman&Wakefield Alliance Please consider your environmental responsibility before printing this email The information contained in this communication is confidential,may be privileged and is intended for the exclusive use of the above named addressee(s).If you are not the intended recipient(s),you are expressly prohibited from copying,distributing,disseminating,or in any other way using any information contained within this communication.If you have received this communication in error please contact the sender by telephone or by response via mail. We have taken precautions to minimize the risk of transmitting software viruses,but we advise you to carry out your own virus checks on any attachment to this message.We cannot accept liability for any loss or damage caused by software viruses. From: Stephen Fife Sent: Monday,April 20, 2020 9:02 AM To: Stephen Fife<Stephen.Fife@paccra.com> Subject:Virtual Neighborhood Meeting-Tenant at 149 Adkins Importance: High All Neighbors, Your attendance is requested. Please use the information provided below to attend the "Virtual Neighborhood Meeting"for the tenant seeking a Conditional Use Permit to operate at 149 S Adkins Way Ste 103, Meridian, ID 83642. 1 The meeting will be held from 3prrl MST on Thursday April 23, 2020. Attached is also the letter that was sent out April 20, 2020 to the neighbors in the spreadsheet, also attached. Stephen Fife is inviting you to a scheduled Zoom meeting. Virtual Neighborhood Meeting Join Zoom Meeting- We are using the newest security measures to protect your meeting. https://us02web.zoom.us/i/4884622613?pwd=TTBZNUVhdIhnN2hSbVE1MDIYRUNPUT09 Meeting ID: 488 462 2613 Password: 915716 One tap mobile +16699006833„4884622613#„#,915716# US (San Jose) +13462487799„4884622613#„#,915716# US (Houston) Dial by your location +1 669 900 6833 US (San Jose) +1 346 248 7799 US (Houston) +1 929 205 6099 US (New York) +1 253 215 8782 US +1 301 715 8592 US +1 312 626 6799 US (Chicago) Meeting ID: 488 462 2613 Password: 915716 Find your local number: https://us02web.zoom.us/u/keEOCsmuup Thank you for your cooperation, Stephen Fife Sales Associate— Industrial Specialist Cushman &Wakefield Pacific Direct: +1 (208) 287 8904 Main: +1 (208)287 9500 Fax: +1 (208) 287 9501 stephen.fife(�Oaccra.com CUSHMAN & PA6I1:18 Ill1lIII WAKE F IE LD commwL -nANr,mutim 999 West Main Street, Suite 1300 Boise, ID 83702 1 USA www.paccra.com Linkedln I Facebook I Twitter I YouTube I Google+ Instagram Independently Owned and Operated IA Member of the Cushman&Wakefield Alliance Please consider your environmental responsibility before printing this email 2 Stephen Fife From: Stephen Fife Sent: Monday, April 20, 2020 9:02 AM To: Stephen Fife Subject: Virtual Neighborhood Meeting - Tenant at 149 Adkins Attachments: Virtual Neighborhood Meeting Letter.3.docx; mailing list.share.xls Importance: High All Neighbors, Your attendance is requested. Please use the information provided below to attend the "Virtual Neighborhood Meeting"for the tenant seeking a Conditional Use Permit to operate at 149 S Adkins Way Ste 103, Meridian, ID 83642. The meeting will be held from 3pm-4pm MST on Thursday April 23, 2020. Attached is also the letter that was sent out April 20, 2020 to the neighbors in the spreadsheet, also attached. Stephen Fife is inviting you to a scheduled Zoom meeting. Virtual Neighborhood Meeting Join Zoom Meeting- We are using the newest security measures to protect your meeting. https://us02web.zoom.us/i/4884622613?pwd=TTBZNUVhdIhnN2hSbVE1MDIYRUNPUT09 Meeting ID: 488 462 2613 Password: 915716 One tap mobile +16699006833„4884622613#„#,915716# US (San Jose) +13462487799„4884622613#„#,915716# US (Houston) Dial by your location +1 669 900 6833 US (San Jose) +1 346 248 7799 US (Houston) +1 929 205 6099 US (New York) +1 253 215 8782 US +1 301 715 8592 US +1 312 626 6799 US (Chicago) Meeting ID: 488 462 2613 Password: 915716 Find your local number: https://us02web.zoom.us/u/keEOCsmuup Thank you for your cooperation, Stephen Fife 1 Sales Associate— Industrial Specialist Cushman &Wakefield Pacific Direct: +1 (208)287 8904 Main: +1 (208)287 9500 Fax: +1 (208)287 9501 stephen.fife(abpaccra.com dl1II GUSHMAN & FAC1F1C l , WAKE F I E LD eor»mumut-nAN mmmoes 999 West Main Street, Suite 1300 Boise, ID 83702 1 USA www.paccra.com Linkedln I Facebook I Twitter I YouTube I Google+ Instagram Independently Owned and Operated/A Member of the Cushman&Wakefield Alliance Please consider your environmental responsibility before printing this email The information contained in this communication is confidential,may be privileged and is intended for the exclusive use of the above named addressee(s).If you are not the intended recipient(s),you are expressly prohibited from copying,distributing,disseminating,or in any other way using any information contained within this communication.If you have received this communication in error please contact the sender by telephone or by response via mail. We have taken precautions to minimize the risk of transmitting software viruses,but we advise you to carry out your own virus checks on any attachment to this message.We cannot accept liability for any loss or damage caused by software viruses. Z Stephen Fife From: Rachelle Ruffing <advtherapycare1 @gmail.com> Sent: Monday, April 20, 2020 3:26 PM To: Stephen Fife Subject: Advanced Therapy Care Hello, I am going to decline a meeting-I approve of a Martial Arts Academy-for Jui-Jitsu. Thank you, Rachelle Ruffing- Rachelle Ruffing, Speech Therapist Advanced Therapy Care & Advanced Therapy Care 245 North Third East 68 S. Baltic Place Mountain Home, ID 83647 Meridian, ID 83642 (208) 587-8255 (TALK) (208) 898-0988 (208) 587-4475 (fax) (208) 898-9022 (fax) NOTICE:THIS ELECTRONIC MESSAGE TRANSMISSION CONTAINS INFORMATION WHICH MAY BE CONFIDENTIAL OR PRIVILEGED.THE INFORMATION IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL(S)OR ENTITY(IES) NAMED ABOVE. IF YOU ARE NOT THE INTENDED RECIPIENT,PLEASE BE AWARE THAT ANY DISCLOSURE,COPYING, DISTRIBUTION,OR USE OF THE CONTENTS OF THIS INFORMATION IS PROHIBITED. IF YOU HAVE RECEIVED THIS ELECTRONIC TRANSMISSION IN ERROR, PLEASE IMMEDIATELY NOTIFY THE SENDER AND DELETE THE COPY YOU RECEIVED. *]:This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and kn 1 PLAT SHOWING I)IT.1ONT SUBDIVISION No. I A PORTION OF THE NE 1/4, NE 1/4, SECTION 18 TOWNSHIP 3 NORTH,RANGE 1 EAST, BUSE MERIDIAN MERIDIAN, ADA COUNTY, IDAHO BASIS OF BEARINGS UNPLATTED 1997 (L E. FRANKLIN ROAD Km CP&F 9377495-� 7 s a9.48'1a'w S a9.46'18 w N _* 846.40' S 8946'18'w � LEGEND 18 t32zta' H -- -526.8T N 89'46'18"E -- 1 847.60' its 53'- - 48di7o' 18 17 't�- - N S+ Found Bross Cap Monument Nw con+x o S Found Aluminum Ca NE 1/4 NW Comer 4156,84, 283.6a' ,I"n O p GP&F 95004292 NE 1/4 NE 1/4 S 89'46'19•W 1 46127' �/ �.�6 N 89'46'18•E 1 266.11' rn Found 5/8"Iron Pin Section 18 "A CPBF 96005806 --- -_.-- .. -_. - -- 29';29•' ._._. _. __ _ O �fT8 247.37 220.90' j �� 248.to' 2o.oi I _I�2 • Set 5/8"z 30"Iron Pin with Plastic Cap 150'ACCESS RESTRICTION Hal �IWA m Set 1/2"x 24" Iron Pin with Plackic Cap 20'LANDSCAPING w �I SEE NOTE 10 p I �,�i� ® $e( 2" X 36" Pipe I-SETBACK JO REAL POINT OF BEGINNING p b 3 I m (INITIAL POINT MONUMENT) REAL POINT OF BEGINNING(INITIAL POINT) l a e >E I -- Boundary Line O opi 3 c 2 0 16 WOE IRRIGAnoN PIPE .1 i � `� �l EASEMENT FOR THE BENEFIT h - Lot Line OF THE MEDIMONT SUBDMSION <pl I IS,I BUSINESS OWNERS ASSOC11 ON --- Centerline of Street AND DOWNSTREAM WATER USERS N Utility, Drainage and Irrigation Easement Line L8 L7 S 89'01'17"E I se.00' F PIPER CT 281.00• NOTES 190.17 I N 1. Building setbacks and dimensional standards in this subdivision shall be in l N e9n1'n'w n N 89Vt17 w Ig g' JL compliance with the applicable zoning regulations of the City of Meridian, g 4 g a Idaho. I 8 �ry 190.17' 1 r I 2. Any Re-subdivision of this plat sholl comply with the applicable Zoning a ¢ 2 Regulations in effect at the time of the Re-subdivision. (I n 59.G0' L9 J 3 S 99VI'17'E w L10 13 i 281,oD• I 3. All lot lines common to public right-of-way within Medimont Subdivision No.1 as shown hereon shall have a 10 wide Permanent Utilities, Drainage and Irrigation ni IS a BLOCK 1 1. S BLOCK 2 I asement, unless otherwise dimensioned. However, this shall not preclude the con- etruction o 3 f the proper hard surfaced driveways for access of each individual lot. o In 4 m88 5 "a'8 of vi 5 q, o :° 8 oy o < +w so - -0 100 zoo 4. The Developer and/or Owner shall comply with Idaho Code, Section 31-3805 Z f z I N SCALE: 1"=100' or its provisions that may apply to irrigation rights. 1,1D'WIDE IRRIGATION PIPE 10' S a9.0',"E I 5. The owner of each lot, across which EASEMENT FDR THE BENEFIT N o posses an irrigation/drainoge ditch or 1 OF THE NEDIMONT SUBDIVISION 1 zet.ao' yr pipe, is responsible for the maintenance thereof unless such responsibility BUSINESS OWNERS ASSO.A".N F N 89'01'17"W has been assumed by an Irrigation/Drainage District. 1249.75' ¢ MI I 8 gl 6. Reference is hereby made to Record of Survey No. 3471 filed as Instrument of 1D'-1 6 No. 96021918 for further survey information. w N 89o1'17, W7242.32' w 8 8 '$s N 7. The bottom elevation of building footings shall be a minimum of 12 inches 1no' 6 )1.129: above the highest established seasonal groundwater elevation. N � 8. Lot 1,Block 1; Lot 1 and Lot 2 Block 2 shall be owned and yl N 89'Ot'17" W 298.83'o� maintained by the Medimont Subdivision Business Owners Association. 0 Sw Corner Z N 8901'17" W 249.75' N 190817" W o� ^ 9. A permanent public utilities and irrigation easement is hereby designated over NE 1/4 NE 1/{ m oi 30.48' all of Lot 1, Block 1, and Lots 1 and 2, Block 2. Section 18 r� WITNESS CORNER 10. Direct lot access to E. Franklin Road and to S. Adkins Way from the Franklin UNPLATTED I Road Right-of-Way to a point 150' South is prohibited without approval from I I the Ada County Highway District. I 11. Driveway approach size and location shall be approved by The Ado County Highway District. ml 12. A Storm Water Drainage Easement is hereby reserved over Lot 1, Block 1 and Lot 1, Block 2 for the benefit of the Ado County Highway District. Landscaping I IN over said lots sholl be maintained by the Medimont Subdivision Business Owners' 'L1 Association, and the Ado County Highway District shall provide heavy maintoinence of the storm drainage facilities as defined in the covenants,conditions and N restrictions for Medimont Subdivision No. 1. LINE TABLE I 13. All lots within this subdivision are subject to the terms and conditions of a UNE DIRECTION DISTANCE 31 INEf Development Agreement recorded as instrument No. 97072405 in the records LI 44'_ 42.87 31 of Ada County, Idaho. s GoSa'43 w 31.82 oI IM OWNER / DEVELOPER: L3 N 'w 39.45 I v L4 N 45 '43'E 28.26 FT �a r1 c n L5 N 44101'17'W 14.97 O `V Properties West, Inc. N '58'43' 35.41 0 0 ,rr12-f8-j�yo N 89'01'17 W 29.00 Z �lr 9F�O ^/� a p, pe"��>ies west C/o Jon L Barnes La S as 1'17'E 29.00 c� �t / \ ® 1401 Shoreline Drive •OrT7• 29.00 I �'v Boise, ID 83702 L10 S 9 '17'E 29.00 1_11 N 0058'43'E 35.41 (208)345-7523 L12 N 4 4' 14.97 FOUND 1/2•IRON PIN,NO CAP L S 44'01'17'E 28.28 REPLACED WITH 5/9"IRON PIN L14 N 44'05"E 40.34 I AND CAP,PEAS 3260 J-U_B ENGINEERS, INC. L7 S 00'58'43•w 33.16 Engineers SbnvjOrs Planners N 45'2230'E 41.98 2 20. ' Boise, Idaho S 89'39 40" W 'naoFa Dwc PLAT BOOK Jl PAGE -r-?Y SHEET 1 OF 2 5 MEDIMONT SUBDIVISION No. 1 CERTIFICATE OF OWNERS CERTIFICATE OF SURVEYOR KNOW ALL MEN BY THESE PRESENTS: That Properties West Inc., an Idaho Corporation, licensed to do business in Idaho, 1,Gary A.Lee,do hereby certify that I am a Professional Engineer and Professional Land Surveyor,licensed by the State of Idaho,and that this Plat of does hereby certify that it is the owner of a certain tract of land as shown on this plat and described as follows Medimont Subdivision No.1,as described in the Certificate of Owners and on the attached plot,was drown from an actual survey,made on the ground and intend to include said land In this plot: under my direct supervision and accurately represents the points platted thereon,and is in conformity with the State of Idaho Code relating A parcel of land situated in the NE 1/4,Section 18,Township 3 North,Range 1 to plots and surveys and the comer perpetuation and filing act,Idaho Code 55-1601 through 55-1612. East,Boise Meridian,more particularly described as follows: Commencing at a brass cop monumenting the NE corner of said Section 18; thence South 89'4618'West INC 480.70 feet along the Northerly boundary of said Section 18,also said boundary being the centerline of ts East Franklin Road to a point; thence leaving said boundary and centerline South 02'14'38"East 45.03 feet to an Iron pin and 2'pipe monumenting the REAL POINT OF BEGINNING; thence continuing South m 02'14'38"East 142.37 feet to an iron Din; thence South 00'58'43'West 494.50 feet to an iron pin; 26 thence South 19'08'17"East 135.59 feet to on iron Gary A.Lee,P.E/L.S. p License No.3260 pin; thence South 01'25'43'West 520.56 feet to an s g,T,97 iron pin et the Southerly boundary n the NE 1/4 en 1/4 of said Section ry thence South 89est5'West r .� 20.25 feet along said boundary to an iron pin; thence leaving said boundary North 00'26'00"West 567.65 �rE pF feet to an iron pin; thence North 19'08'17'West 30.48 feet to an iron pm; thence North 89'01'17' A Ef`E West 298.83 feet to an on pin; thence South 4432'46"West 84.15 feet to an iron pin; thence North 89'01'17"West 249.75 feet to an Iron pin; thence North 00'58'43"East 106.00 feet to an Iron pin; thence North 89TJ1'17"West 242.32 feet to an Iron pin on the Westerly boundary of said NE 1/4 NE 1/4; thence North 00'29'39'East 646.00 feet along said boundary to an on pin on the Southerly right of way of said East Franklin Road,said pin bearing South 00*29'39"West 25.00 feet from the NW comer of said ° ...... NE 1/4 NE 1/4; thence leaving the Westerly boundary of said NE 1/4 NE 1/4 North 89'46'18"East 847.60 ADA COUNTY HIGHWAY DISTRICT COMMISSIONER'S ACCEPTANCE �°'CO feet along the said right of way to an iron pin; th—South 0214'38'East 20.01 feet to the REAL °O�°Q POINT OF BEGINNING,containing 14.24 acres,more or less. Th 7'M e�f,oregoing plat was accepted and approved by the Board of Ado County Highway District Commissioners on the�—day$f The public streets,as shown on this plot of Medimont Subdivision No.1,are hereby dedicated to the use of the public,and the easements indicated n 19]; ,,•et said plot are not dedicated to the public,but the right to use said easements is hereby reserved for public utilities and for any other uses as designated ADA COUNTY HIGHWAY DICcTRICT •S I hereon and no permanent structures are to be erected within the lines of said easements. A All lots shown on this plot of Medimont Subdivision No.1 are eligible to receive domestic water service from the City of Meridian,Idaho,Municipal Water System. Further,the City of Meridian,Idaho,has agreed in writing to serve oil lots within Medimont Subdivision No.1 with domestic water. —airman ----- —---------'� q --- Q IN WITNESS WHEREOF,We have hereunto set our hands this ?L- day of .Q 1-4 /997. I✓,..00, s4s P erties w t, Inc. CERTIFICATE OF COUNTY SURVEYOR I, JO HAJ E.a1E5"fHQ Professional Land Surveyor for Ado County,Idaho,hereby certify that I have checked this Jon Barnes — President plat of Medimont Subdivision No.1 and find that It complies with the State of Idaho Code relating to plats and surveys. Larry B. Barnes — Secretary /' t J and A Enterprises, An Idaho General Partnership ,. G. p �30 0� Ja es L. Boyd, General'Partner Amiletta J. Boy Gener artner ��p OF� Di B.PR1f' CERTIFICATE OF ACKNOWLEDGMENT STATE OF IDAHO APPROVAL OF CITY COUNCIL County of Ado) 4 I,the undersigned,City Clerk d for City of Meridian,Ada County,Idaho,do hereby certify that at regular meeting of the City Council On this 8 11 day of ___1997,before me,the undersigned,o notary public in and for said state, he on the day of U 199,7 this plat of Medimont Subdivision No.1 was duly accepted and approved. personally appeared Jon L omes and Larry B.Barnes,known to me to be the President and Secretary of Properties West Inc..The corporation that executed the foregoing instrument and acknowledged to me that they executed the "D"'rrW/Sf,,,' ,a.." n r,"Of IN WITNESS WHEREOF,I have hereunto set my hand and seal the day and year in this certificate first above written. ;'' �OTAq —r A✓•�. * ply \G *= City Clerk,Meridian,Idaho _ Note u c for Idaho B L = aL Residing at My Commission Expire.: �T151•�d'`2`a;� CERTIFICATE OF ACKNOWLEDGMENT STATE OF IDAHO ) APPROVAL OF CITY ENGINEER 99 County of Ada) I,Gary Dean Smith,City Engineer in and for City of Meridian,Ada County,Idaho,hereby approve this plat of Medimont Subdivision No.1. On this J��—day of j,,c�—�1997,before me,the undersigned,a notary pubic in and for the said state,personally appeared James L.Boyd and Amiletta J.Boyd,kown or identified to me to be the partners in the partnership of J and A Enterprises,an Idaho General Partnership and the partners,who subscribed said partnership's name to the foregoing instrument,and acknowledge to me that they executed the same. `Writ' W, (xINEEp IN WITNESS WHEREOF,1 have hereunto set my hand and seal the day and year in this certificate first above written. 4}G�^^• 'f1OTAq't.°% Gary Dean Smith,City Engineer q�o 7. OF Notary ub fib Idaho f Go t AUBI�G *" '4y DEAN Residingat / « My Commission Expires: CERTIFICATE OF COUNTY TREASURER elf of t�P` I,Barbara Bauer,County Treasurer in and for the County of Ada,State of Idaho,per the requirements of I.C.50-1308,do her U that any and all current and/or delinquent property taxes for the property included in this proposed subdivision have been pail T .�ww �'� COUNTY RECORDER'S CERTIFICATE This certification is valid for the next thirty(30)days only. �/ �/�'1 INSTRUMENT NO.-1gX071113___ BoWara er,County Tre u ♦ _ — STATE OF IDAHO) BY —3��" 4, 1 SS A Date��_— -- --__�� � $V�� County of Ado) ,perr� rrrh. I hereb ertify that this instrument wag fie at the r quest of�Ky of_�Q__minutes pa9t��T����"—4clo k APPROVAL OF CENTRAL DISTRICT HEALTH DEPARTMENT m"G6 HEgl this day of_� 19��In my office and was duly reaor in Book_of Plata at pages az��-o^a_ .m. Sanitary restrictions of this plot ore hereby removed according to the letter to be read on file with the County Rs}I'a.D.�'or hi. �,1 listing the conditions of approval. g O g ADA J1 o e Deputy —Officio Recorder COUNTY '> �a�; �" By___LL _th D.P. ere'PA,yl� Central District Health De a Date____— /y/9Z--___"",_,.,.. °* p" FEE f11.00 SHEET 2 OF 2 Gracie RghterJiu Jitsu Monday Tuesday Wednesday Thursday Friday Saturday Sunday 10am Open Kids 11am Open Mat Noon Instruction Instruction Instruction Instruction Instruction Instruction 5pm Teens Class Tikes Class Women's Tikes Class Teens Class Only 6pm Fundamental Stand-up Competition No-Gi Fundamental Class Class Class 7pm Advanced Open Mat Open Mat Open Mat Advanced Class Class