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Application Charlene Way From:clerk@meridiancity.org Sent:Thursday, December 31, 2020 7:41 AM To:Charlene Way Subject:Development Application Transmittals - Human Bean CUP H-2020-0125 To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. Development Application Transmittal Link to Project Application: Human Bean CUP H-2020-0125 Hearing Date: 2-4-2021 Assigned Planner: Alan 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, 1 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. 2 Hearing Date: February 4, 2021 Planner: Alan File No.: CUP H-2020-0125 Project Name: Human Bean CUP Request: Conditional Use to allow expanded business hours for drive-through coffee shop, by A&C Ventures, LLC. Location: The site is located at 3285 W. Nelis Dr, in the SE ¼ of Section 34, Township 4N, Range 1W. jgt architecture December 21, 2020 To: City of Meridian, Planning Division From: Jerrod Wallgren, Project Architect JGT Architecture 1212 12th Avenue South Nampa, ID 83651 RE: Design Narrative for proposed coffee shop at 3285 W. Nelis Dr, Meridian, ID. Dear Commission Members and Planning Staff, The attached application materials are for a conditional use permit for a Human Bean coffee shop proposed to be located at 3285 W. Nelis Drive. Pursuant to the discussion at the pre-application meeting, a conditional use is required to operate the business outside the hours of 7am to 10pm as stated in the existing development agreement. The applicant is proposing hours of operation from 5am to 1 opm. A neighborhood meeting was conducted virtually on December loth, 2020 at 6PM via Zoom call. There was one neighbor in attendance. An email log with Zoom screen shot is attached to this application as evidence of the meeting. No other questions or comments from the neighbors have been received. The project consists of a small drive through and walk-up coffee shop. There will be no interior seating provided. The site layout has been designed to bring vehicles into the property from the existing private drive to the west. Patrons will have the choice to park in a small parking lot — the size and spacing of the lot is large enough to allow two-way traffic (24 ft. drive aisle) as required for typical 90- degree parking. To the south of the two-way parking aisle is a one-way drive-up lane for drive through customers. Where the drive lane meets an existing cross access area with the neighboring property to the south, the lane widens out with an escape lane that allows for cross access with the neighboring site. The traffic then circles around the building and exits back to the existing private drive to the west. We worked out this layout with planning staff prior to submittal. The building is set back approximately 90 feet from Ten Mile Road to allow for cross access and vehicular circulation. That large setback will have ample landscaping and will also be utilized as a retention area for side storm drainage. Based on comments received during our preliminary coordination with planning staff, we have included some sections of screen walls and shrubs to provide a 1212 12th avenue south nampa . idaho 83651 phone : (208) 463.9295 fax : (208) 463- 9299 email : jgt@jgt-architecture.com visual barrier that partially conceals the drive lane from the street, while still allowing visibility of the cashier window per section 11-4-3-11.C.5 of the ordinance. The building is proposed to be a narrow tall structure with an upper hipped roof feature that will serve as a backdrop for building signage. The design will have lower-level hipped roof areas that project over the vehicle transaction window as well as the walk-up window. The materials will be variegated color-stained wood siding, grey metal siding, and weathering steel metal roofing. The building will match the prototype layout and aesthetic of other recent Human Bean projects (on the drawing sheet a photo of the store at Meridian Road and Cherry Lane has been included for reference). If you have any questions about this application, please feel free to contact me by phone 208.463.9295, or email me at iwallgren jgt-architecture.com. Thank you for your consideration of this application. Respectfully, Ovr�G.In_v� Jerrod P. Wallgren Project Architect 2 Planning Division EI DIA �1T------,l HEARING APPLICATION i AkO Type of Review Requested Hearing File number: H-2020-0125 Assigned Planner: Alan Tiefenbach Related Files: Applicant Information Applicantname: JERROD WALLGREN, JGT ARCHITECTURE Phone: 208-463-9295 Applicant address: 1212 12TH AVENUE SOUTH, NAMPA, ID 83651 Email: jwallgren@jgt-architecture.com Ownername: EDWARD MCNELIS, TEN MILE INVESTMENTS, LLC Phone: Fax: Owneraddress: 621 N ROBINSON BLVD., NAMPA, ID 83687 Email: Agent name(e.g.architect,engineer,developer,representative): JERROD WALLGREN Firmname: JGT ARCHITECTURE Phone: 2084639295 Fax: Address: 2920 E. LOON CREEK ST. Email: jwallgren@jgt-architecture.com Contact name: Phone: Fax: Contact address: Email: Subject Property Information Location/street address: 3285 W NELIS DR Assessor's parcel number(s): R5629430011 Township,range,section: 4 N 1 W 34 Project Description Project/Application Name: Human Bean - CUP Description of work: 500 square foot coffee shop for drive through and walk up. Detailed description in attached narrative. 33 E Broadway Avenue,Suite 102 • Meridian,Idaho 83642 Phone:(208)884-5533 • Facsimile:(208)888-6854 • Website:www.meridaincity.org 1 Application Information APPLICATION TYPES Alternative Compliance-ALT: UNCHECKED Annexation and Zoning-AZ: UNCHECKED Comprehensive Plan Map Amendment-CPAM: UNCHECKED Comprehensive Plan Text Amendment-CPAT: UNCHECKED Conditional Use Permit-CUP: CHECKED Design Review-DR: UNCHECKED Development Agreement Modification-MDA: UNCHECKED Planned Unit Development-PUD: UNCHECKED Preliminary Plat-PP: UNCHECKED Preliminary Final Plat-PFP: UNCHECKED Private Street-PS: UNCHECKED Rezone-RZ: UNCHECKED Vacation-VAC: UNCHECKED ADDRESS VERIFICATION Address Verification Permit Number: LDAV-2020-0658 TYPE OF USE PROPOSED Residential: UNCHECKED Office: UNCHECKED Commercial: CHECKED Employment: UNCHECKED Industrial: UNCHECKED Single-Family Detached: UNCHECKED Single-Family Attached: UNCHECKED Townhouse: UNCHECKED Duplex: UNCHECKED Multi-Family: UNCHECKED Vertically Integrated: UNCHECKED PROPERTY INFORMATION General Location: Ustick and Ten Mile area Current Land Use: C-G Total Acreage: .586 Traffic Study Required per ACHD: No ZONING DISTRICT(S) R-2: UNCHECKED R-4: UNCHECKED R-8: UNCHECKED R-15: UNCHECKED R-40: UNCHECKED 33 E Broadway Avenue,Suite 102 a Meridian,Idaho 83642 Phone:(208)884-5533 • Facsimile:(208)888-6854 • Website:www.meridaincity.org 3 C-N: UNCHECKED C-C: UNCHECKED C-G: UNCHECKED L-O: UNCHECKED M-E: UNCHECKED H-E: UNCHECKED I-L: UNCHECKED I-H: UNCHECKED O-T: UNCHECKED TN-C: UNCHECKED TN-R: UNCHECKED County: UNCHECKED FLUM DESIGNATION(S) Low Density Residential: UNCHECKED Medium Density Residential: CHECKED Medium-High Density Residential: UNCHECKED High Density Residential: UNCHECKED Commercial: UNCHECKED Office: UNCHECKED Industrial: UNCHECKED Civic: UNCHECKED Green Space Parks,Pathways,and Open Space: UNCHECKED Old Town: UNCHECKED Mixed Use Neighborhood: UNCHECKED Mixed Use Neighborhood with N.C.: UNCHECKED Mixed Use Community: UNCHECKED Mixed Use Community with N.C.: UNCHECKED Mixed Use Regional: UNCHECKED Mixed Use Non-Residential: UNCHECKED Mixed Use Interchange: UNCHECKED Low Density Employment: UNCHECKED High Density Employment: UNCHECKED Mixed Employment: UNCHECKED Mixed Use Residential: UNCHECKED Mixed Use Commercial: UNCHECKED Lifestyle Center: UNCHECKED PROJECT INFORMATION Site Plan Date(MM/DD/YYYY): 12/16/20 Landscape Plan Date(MM/DD/YYYY): 12/16/20 Elevations Date(MM/DD/YYYY): 12/16/20 Percentage of Site Devoted to Building: 2 33 E Broadway Avenue,Suite 102 a Meridian,Idaho 83642 Phone:(208)884-5533 • Facsimile:(208)888-6854 • Website:www.meridaincity.org 5 Percentage of Site Devoted to Landscaping: 54 Percentage of Site Devoted to Paving: 43 Who will own and Maintain the Pressurized Irrigation System in this Development: Unknown at this time Primary Irrigation Source: Existing P.I. Secondary Irrigation Source: city water If req'd Proposed Building Height: 22'-1" Gross Floor Area Proposed: 488 Hours of operation(Days and Hours): 5am - 10pm 7 days per week Number of Standard Parking Spaces Provided: 5 Number of Compact Parking Spaces Provided: 0 Number of Residential Units: 0 Minimum Square Footage of Living Area(Excluding Garage): 0 What was the date of your pre-application meeting?: 10/27/2020 What was the date of your neighborhood meeting?: 12/10/2020 PROPERTY POSTING I agree to comply with the Commitment of Property Posting regulations per UDC II- CHECKED 5A-6D: AZ/RZ ONLY R-2: UNCHECKED R-4: UNCHECKED R-8: UNCHECKED R-15: UNCHECKED R-40: UNCHECKED C-N: UNCHECKED C-C: UNCHECKED C-G: UNCHECKED L-o: UNCHECKED M-E: UNCHECKED H-E: UNCHECKED UNCHECKED UNCHECKED O-T: UNCHECKED TN-C: UNCHECKED TN-R: UNCHECKED PROPOSED FLUM DESIGNATION(S) Low Density Residential: UNCHECKED Medium Density Residential: UNCHECKED Medium-High Density Residential: UNCHECKED High Density Residential: UNCHECKED Commercial: UNCHECKED Office: UNCHECKED 33 E Broadway Avenue,Suite 102 a Meridian,Idaho 83642 Phone:(208)884-5533 • Facsimile:(208)888-6854 • Website:www.meridaincity.org 7 Industrial: UNCHECKED Civic: UNCHECKED Green Space Parks,Pathways,and Open Space: UNCHECKED Old Town: UNCHECKED Mixed Use Neighborhood: UNCHECKED Mixed Use Neighborhood with N.C.: UNCHECKED Mixed Use Community: UNCHECKED Mixed Use Community with N.C.: UNCHECKED Mixed Use Regional: UNCHECKED Mixed Use Non-Residential: UNCHECKED Mixed Use Interchange: UNCHECKED Low Density Employment: UNCHECKED High Density Employment: UNCHECKED Mixed Employment: UNCHECKED Mixed Use Residential: UNCHECKED Mixed Use Commercial: UNCHECKED Lifestyle Center: UNCHECKED QUALIFYING OPEN SPACE Open Grassy Area(min.50'x 100'): UNCHECKED Community Garden: UNCHECKED Ponds or Water Features: UNCHECKED Plaza(s): UNCHECKED Additions to Public Park: UNCHECKED Collector Street Buffer(s): UNCHECKED Arterial Street Buffer(s): UNCHECKED Parkways: UNCHECKED 10'Parkway Along Arterials: UNCHECKED Stormwater Detention Facilities: UNCHECKED Open Water Ponds: UNCHECKED QUALIFYING SITE AMENITIES Clubhouse: UNCHECKED Fitness Facilities: UNCHECKED Enclosed Bike Storage: UNCHECKED Public Art: UNCHECKED Picnic Area: UNCHECKED Additional5%Open Space: UNCHECKED Communication Infrastructure: UNCHECKED Dog Owner Facilities: UNCHECKED Neighborhood Business Center: UNCHECKED Swimming Pool: UNCHECKED Children's Play Structure: UNCHECKED 33 E Broadway Avenue,Suite 102 a Meridian,Idaho 83642 Phone:(208)884-5533 • Facsimile:(208)888-6854 • Website:www.meridaincity.org 9 Sports Courts: UNCHECKED Pedestrian or Bicycle Circulation System: UNCHECKED Transit Stop: UNCHECKED Park and Ride Lot: UNCHECKED Walking Trails: UNCHECKED Open Grassy Area(min.50'x 100')-Multi-Family: UNCHECKED APPLICATION DISCLAIMER I have read and accept the above terms: CHECKED Your signature: Jerrod P. Wallgren MISC Is new record: No 33 E Broadway Avenue,Suite 102 • Meridian,Idaho 83642 Phone:(208)884-5533 • Facsimile:(208)888-6854 • Website:www.meridaincity.org 11 Jerrod Wallgren From: PlanningReview <PlanningReview@achdidaho.org> Sent: Monday, December 21, 2020 1:47 PM To: Jerrod Wallgren Subject: RE: Meridian Conditional Use Application Jerrod, A traffic impact study is not required for this application. Mindy Mindy Wallace,AICP Planning Review Supervisor Ada County Highway District 208-387-6178 ACHD Development Services is open for business at our new location at 1301 N. Orchard Street, Suite 200 in the CSC building. Parking and building entrance are located on west side of building. From:Jerrod Wallgren <jwallgren@jgt-architecture.com> Sent: Monday, December 21, 2020 1:25 PM To: PlanningReview<PlanningReview@achdidaho.org> Subject: FW: Meridian Conditional Use Application [THIS EMAIL ORIGINATED EXTERNALLY. PLEASE USE CAUTION WHEN OPENING ATTACHMENTS OR LINKS INSIDE THIS EMAIL.] CAUTION:This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Hello, I am submitting an application for conditional use, and I am seeing that the checklist requires email confirmation from ACHD regarding a traffic study. Per the attached pre-app notes, it indicates that ACHD does not require at TIS or stacking analysis for this project. Could you please confirm via email so I can include with my application? Thank you. Jerrod Wallgren jgt architecture 1212 121h Avenue South Nampa, ID 83651 P: 208.463.9295 www.ogt-architecture.com 1 CITY OF MERIDIAN PRE-APPLICATION MEETING NOTES Project/Subdivision Name: Human Bean at 3285 W. Nelis Dr Date:10/27/20 Applicant(s)/Contact(s): Colby Halker City Staff:Alan, Bill Joe Location: 3285 W Nelis Dr Size of Property: .59 acres Comprehensive Plan FLUM Designation: Medium Density Residential Existing Use:Vacant Existing Zoning: C-G Proposed Use: Commercial Proposed Zoning: C-G Surrounding Uses: Commercial and Office Street Buffer(s)and/or Land Use Buffer(s): 25' buffer along N. 10 Mile, 10' buffer along W. Nelis Dr Open Space/Amenities/Pathways: Access/Stub Streets/Street System: N/A Waterways/Topography/Flood Plain: Sewer/Water: History: RZ 11-001, DA 104093293,Amended DA 112054621 Additional Meeting Notes: • Property is within DA 112054621. • This development agreement limits business hours from 7am to 10pm unless approved by conditional use permit. • A conditional use permit is reviewed and approved/denied by the Planning Commission at a public hearing. • The conditional use is described in UDC Section 11-5B-6. Submittal requirements will include a site plan, landscape plan, architectural elevations and a narrative of the project.The narrative should address the findings listed in UDC 11-5B-6-E. https://codelibrary.amlegal.com/codes/meridianid/latest/meridian id/0-0-0-8354 • There are specific use standards that must be met in regard to drive-through establishments.These use standards can be found at UDC 11-4-3-11 and at the following link: https://codelibraU.amlegal.com/codes/meridianid/latest/meridian id/0-0-0-7678 • Staff has concerns with traffic circulation, especially for cars traveling north from the business at 3393 N.Ten Mile and either trying to turn left at the one-way drive aisle on the subject property or having to go around the drive-through loop. Please consider whether you can shift an access to the south and create another aisle that can accommodate traffic that may enter the property from the south. • The specific use standards referenced above state drive-throughs should be visible from a public street for surveillance purposes. However, drive-through aisles also should be screened. Solutions can include berming, landscaping and screening walls. Please see the design of the Human Bean at 1635 N. Meridian Rd as an example. • A Certificate of Zoning Compliance(CZC)will be required prior to building permit.This process is described by UDC 11-5B-1. https://codelibrary.amlegal.com/codes/meridianid/latest/meridian_id/0-0-0-8263 • A TIS and stacking analysis will not be required by ACHD. • The applicant inquired into the sign allowances in C-G for a free-standing sign. The following are the requirements from UDC 11-3D-8: o All freestanding signs shall be set entirely within a landscaped area having at least the same square footage as the background area of the sign.The landscaped area shall include plants, ground cover, and materials that contribute to an aesthetic appearance and maintain clear vision for pedestrians and vehicles. o The maximum background area of any freestanding sign shall not exceed eighty(80)square feet. o The maximum height of any freestanding sign shall not exceed twenty feet(20'). o A maximum of one freestanding sign is allowed per one hundred fifty feet(150')of linear street frontage per property. 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 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(SID) ❑ Building Department ® Republic Services ❑ Police Department ❑ Parks Department ❑ 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-6C 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. AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) ) COUNTY OF ADA ) (name) (address)8-7 (city) (state) being first duly sworn upon, oath,depose and say-- I_ That I am the record owner of the property described on the attached, and I grant my permission to: A& C Ventures, LLC 451 W. Enchantment Street, Eagle, ID 83616 (name) (address) to submit the accompanying application(s)pertaining to that property. 2. 1 agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. 3. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this --f r 4 day of 20 -=Q v r ( ature) SUBSCRIBED AND SWORN to before me the day an ye first above written. SANDFFA I±ARKtNS o P c for Idaho} COMMISSION #49695 NOTARY PUBLIC Residing at: STATE OF IDAHO My Commission Expires: RESIDING IN BOISE, IDAHO COMMISSION EXPIRES 0&J6 2= (Rev 05129/20) REVISIONS: STANDING SEAM METAL ROOFING r Qo CV 07 M C� 70 ------WEATHERED WOOD — aD - PLANK SIDING N �I Q v cca ca N c � L � � ice--• c0 tl] cl bo co � RIBBED METAL PANEL o �+ N N SIDING 0) r C •� cm"LL r 2 NORTH ELEVATION EAST ELEVATION -STANDING SEAM METAL ROOFING STAMP WEATHERED WOOD PLANK SIDING NOT F ONSTUCTIO RIBBED METAL PANEL SIDING iiiiii 11111111L SOUTH ELEVATION WE3/16'ST ELEVATION = U c/) J w J w w - > LL U) 0� LL wo O� U) U � Z) J O w � ~ Z Z z W W > 00 00 - U N z 06cy) / 1�+ re •rat -.* .L�a- DRAWN BY DATE: JPW 12/16/20 CHECKED: JOB N - _ t JPW 2077 EXTERIOR ELEVATIONS J A-4 .0 DESIGN TO MATCH EXISTING STORE AT MERIDIAN AND CHERRY LANE SHEET OF REVISIONS: � I I �P P P P P P P P P P P P P P P P GENERAL LANDSCAPE NOTES PLANT SCHEDULE Icrn ° 1. CONTRACTOR SHALL LOCATE AND IDENTIFY EXISTING UNDERGROUND AND OVERHEAD DECIDUOUSTREES BOTANICAL/COMMON NAME SIZE MATURE HXW CLASS CITY ° a UTILITIES WITHIN CONTRACT WORK AREAS PRIOR TO CONSTRUCTION. CONTACT DIG E N G I N E E R I N G ° d ° e A e LINE, INC. © 1.800.342.1585. PROVIDE ADEQUATE MEANS OF PROTECTION OF 9233 WEST STATE STREET e d ° UTILITIES AND SERVICES DESIGNATED TO REMAIN. REPAIR UTILITIES DAMAGED DURING + GLEDITSIA TRIACANTHOS'IMPERIAL' 2"CAL. B&B 40'X35' CLASS II 2 BOISE, IDAHO 83714 'SITE WORK OPERATIONS AT CONTRACTORS EXPENSE. IMPERIAL HONEYLOCUST d ° PHONE(208)639-6939 ° a"w a"w a"w a"w s"w a"w a"w s"w a"w a"w s"w a"w a"w s"w a kmengllp.com 2. ALL PLANT MATERIAL SHALL CONFORM TO THE AMERICAN NURSERYMAN STANDARDS FOR W�W L ° 181' LANDSCAPE BUFFER PER CITY OF MERIDIAN w w� w w TYPE AND SIZE SHOWN. �• MALUS"SPRING SNOW" 2"CAL. B&B 25'X20' CLASS I 1 r v o w CODE 1 1-36-7 SPRING SNOW CRABAPPLE M � o0 N z U)y Y 3 3 0 (5j TREES TREE PREQU RED GENERAL IRRIGATION NOTES CO Ogg Q- z Q (5) TREES PROVIDED - - - EXISTING TREES BOTANICAL/COMMON NAME SIZE MATURE HXW CLASS QTY D � o z z 1. ALL PLANT MATERIALS TO BE WATERED BY THE DEVELOPMENT PRESSURIZED IRRIGATION a 0 W:2 i= Q�� • • • SYSTEM. 0 O w O C�p w 5 _ EXISTING TREE TO BE REMOVE EXISTING VARIES 1 oN J Z o�o w 3 N a 2. COVERAGE; THE IRRIGATION SYSTEM SHALL BE DESIGNED TO PROVIDE ONE HUNDRED D N o CO 0 a 6 PERCENT (100%) COVERAGE WITH HEAD TO HEAD SPACING OR TRIANGULAR SPACING im E x U w AS APPROPRIATE. M Co N Lu EXISTING TREE TO REMAIN EXISTING VARIES 16 ° e d° 2'sD 12'SD 12"SD 12"SD 12"sD 12"SD 12'SD "s 3. MATCHED PRECIPITATION RATES: SPRINKLER HEADS SHALL HAVE MATCHED PRECIPITATION o L ° e d ° ° T. =C`=- z RATES WITHIN EACH CONTROL VALVE. � M Lu T 00 --r - @ G SIZE MATURE HXW QTY 0 CV �O CO C O SHRUBS BOTANICAL/ NAME W. NELIS DR. 4. IRRIGATION DISTRICTS: SPRINKLER HEADS IRRIGATING LAWN OR OTHER HIGH WATER P__ _ - c-_____ DEMAND AREAS SHALL BE CIRCUITED SO THAT THEY ARE ON THE SEPARATE ZONE OR rt - -p - G" -- a BERBERIS THUNBERGII 'CRIMSON PYGMY' 2 GAL. 2'X3' 19 DISTRICT FROM THOSE IRRIGATING TREES, SHRUBS, OR OTHER REDUCED WATER CRIMSON PYGMY BARBERRY G- P ,�\G` r DEMAND AREAS. 00 �l I Pi P i _ x _ c� -\ d ° 5. OVERSPRAY: SPRINKLER HEADS SHALL BE ADJUSTED TO REDUCE OVERSPRAY ONTO C 'co IMPERVIOUS SURFACES SUCH AS STREETS, SIDEWALKS, DRIVEWAYS, AND PARKING RHAMNUS FRANGULA'FINE LINE' 10 GAL. 6'X3' 4 CV FINE LINE BUCHTHORN G G G AREAS. �� r N LLI(1) N0 U) Q w I a iv I 4 12 13 S'° \P/ �, -r "- C �� 6 GRASSES BOTANICAL/COMMON NAME SIZE MATURE HXW QTY .� N = _ J z o Z I + F -- -P T -T_-� T T�. ����, ACHD LANDSCAPE NOTES �� e� 2 CALAMAGROSTIS X ACUTIFLORA'KARL FOERSTER' 1 GAL. 4'X2' 45 O z o a + + W-W W Y W W w �'�� 1. TREES SHALL NOT BE PLANTED WITHIN THE 10' CLEAR ZONE OF ALL ACHD STORM FEATHER REED GRASS N g o cn W W w w y + 70?� 7P- _ DRAIN PIPE, STRUCTURES, OR FACILITIES. Li z U o z m I ®Q W W v w w W v v a + +� % W I` °a 2. SEEPAGE BEDS MUST BE PROTECTED FROM ANY AND ALL CONTAMINATION DURING THE SCHIZACHYRIUM SCOPARIUM'STANDING OVATION' 1 GAL. 3'X3' 45 O g w c�i1 3 Q `� -�- - y - -� -�.-�O� a CONSTRUCTION AND INSTALLATION OF THE LANDSCAPE IRRIGATION SYSTEM. STANDING OVATION LITTLE BLUESTEM mow 0°. 0°. 0. ° ° , a + y I IW II ° O (n U) I ON Q w d 3 ° ° °`n ° d° ° d a 12 W W I I I ,I I 10 U r PERENNIALS BOTANICAL/COMMON NAME SIZE MATURE HXW QTY TREE PROTECTION NOTES G� + + W W W 6 4 W W W + �`® ®O� 'I wmJ NEPETA X FAASSENII 'JUNIOR WALKER' 1GAL. 1.5'X4' 33 a + 5' r O 4 Ian 1. THE CONTRACTOR SHALL TAKE EXTREME CARE TO PROTECT THE CRITICAL ROOT ZONE c' I x f r7 � > JUNIOR WALKER CATMINT 41 + 11J o o OF ALL TREES AT ALL TIMES THROUGHOUT PROJECT. I w w w ® u- w w Cr_ a- a ( � ; a ° W ° o + + ® ®� III I e 7 m 0 N 2. PRIOR TO COMMENCING WORK, TEMPORARY FENCING SHALL BE INSTALLED qp RUDBECKIA FULGIDA'LITTLE GOLDSTAR' 1 GAL. 1.5'X1.5' 70 r W W W ° g I i l w v w w w IMMEDIATELY AROUND EACH TREE IMPACTED BY DEMOLITION OR CONSTRUCTION. LITTLE GOLDSTAR BLACK-EYED SUSAN 0 c� r o� ® ° D_ z � � W FENCING SHALL BE MAINTAINED THROUGHOUT THE COURSE OF THE ENTIRE STAMP a g � DEMOLITION AND CONSTRUCTION PROCESS. N - ' "`� OTHER BOTANICAL/COMMON NAME CONT QTY ��� z � W W 1 o w""" 3. BULK MATERIAL, EQUIPMENT, VEHICLES, AND CONSTRUCTION DEBRIS AND WASTE �.0 SE0FID x �� I 9 00 y W �`� W I •• 1_.li g SHALL NOT BE STOCKPILED WITHIN HE CRITICAL ROOT ZONE.12 ••SAY•.�O wEXISTING TURF TO REMAIN NONE 4,743 SF :* was *�� in i i O 00( � � W W I o 4. COMPACTION BY EQUIPMENT TRAFFIC IS PROHIBITED WITHIN THE CRITICAL ROOT ZONE. SEE KEY NOTES �,Q M I ° 5 5. MAINTAIN WATERING WITHIN THE CRITICAL ROOT ZONE. APPLY A MIN. 1.5" OF WATER r - a cx3o ° dk-:)j W I 'I I ° OVER THE CRITICAL ROOT ZONE PER WEEK. THIS IS A MIN. RECOMMENDATION. * W ° W W - I CONTRACTOR IS RESPONSIBLE TO DETERMINE IF MORE WATER IS NECESSARY DURING SOD/SEED BOTANICAL COMMON NAME CONT QTY ��s 1�� I 25' ARTERIAL / N 3 4 � W W WI W I W D CONSTRUCTION. - • W W I III; ° LANDSCAPE $ W W W W � BUFFER 6. ANY DAMAGE TO EXISTING TREES DURING CONSTRUCTION SHALL BE THE TURF SOD RHIZOMATOUS SOD 3,493 SF ''.`�NDSCAV-1 MEASURED FROM CONTRACTORS RESPONSIBILITY. THE CONTRACTOR SHALL PERFORM REMEDIAL WORK TO W ' � 0 0 e 0 W W W� I BACK OF CURB RHIZOMATOUS TALL FESCUE 0000000000 � � � � + 00 � � � + + � � W W .� � � i� DAMAGED TREES AT THE CONTRACTOR'S EXPENSE. e • • RO • • 17' IDAHO POWER KEY NOTES (TYPICAL) ° EASEMENT a 6 1. INSTALL 3' DIAMETER SHOVEL CUT TREE RING, WITH BARE EARTH SURFACE AT ALL o 25' BUSINESS TREES WITHIN TURF AREAS. � ° 5 SOC II I I 140' LANDSCAPE PARKING LOT BUFFER PER CITY ° I I I °I ASSOCIATION ATION WNERS 2. 40' CLEAR VISION TRIANGLE. NO TREES SHALL BE PLANTED WITHIN A CLEAR VISION 20 °OF MERIDIAN CODE 1 1-36-8 LANDSCAPE TRIANGLE. THE MAXIMUM HEIGHT OF ANY VEGETATIVE GROUND COVER AT MATURITY CITY OF MERIDIAN SEWER AND WATER EASEMENT (1) TREE PER 35 LF EASEMENT PER WITHIN THE CLEAR VISION TRIANGLE SHALL BE 3 FROM THE ADJACENT STREET GRADE. MCNELIS PER MCNELIS SUB (4) TREES REQUIRED (4) EXISTING TREES PROVIDED SUBDIVISION 3. ALL PLANTED BEDS TO RECEIVE A MIN. 3" DEPTH ORGANIC PERMABARK MULCH WITH PERMEABLE FABRIC WEED BARRIER. SUBMIT SAMPLE TO OWNER FOR APPROVAL PRIOR TO ORDERING AND INSTALLING. THE USE OF MULCH OR ROCK AS THE ONLY GROUND COVER IN REQUIRED PLANTING ARES IS PROHIBITED. IMPERMEABLE PLASTIC WEED CZ C LANDSCAPE SITE PLAN BARRIERS ARE PROHIBITED. 4. INSTALL FLAT-BLADE SHOVEL EDGING AT INTERFACE OF SOD AND PLANTER BED. SEE O 0 20 40 60 L1.0-2. Plan Scale: 1" = 20' 5. EXISTING LANDSCAPING AND IRRIGATION TO REMAIN. RETAIN, PROTECT, AND ADJUST AS SHOWN TO ACCOMMODATE NEW DRAINAGE, SIGN, AND DRIVE AISLE. CONTRACTOR SHALL ^ J FIELD VERIFY LIMITS OF DISTURBANCE AND PATCH BACK ALONG PHASE BOUNDARY AS U) NECESSARY. TRANSITION BETWEEN NEW AND EXISTING LANDSCAPE SHALL BE NON CONTACT INFORMATION RECOGNIZABLE AND COHESIVE WHEN FINISHED. CONTRACTOR IS RESPONSIBLE TO W J W REPAIR ALL EXISTING LANDSCAPE PLANTING AREAS AND IRRIGATION COMPONENTS ., DAMAGED AS A RESULT OF NEW CONSTRUCTION. THE CONTRACTOR SHALL ENSURE U) _/ LANDSCAPE CONSULTANT THAT THE EXISTING IRRIGATION SYSTEM REMAINS OPERABLE DURING CONSTRUCTION AND KM ENGINEERING, LLP THAT FOLLOWING CONSTRUCTION, THE EXISTING IRRIGATION SYSTEM OPERATES AS U- 9233 WEST STATE STREET GOOD, OR BETTER THAN EXISTED PRIOR TO THIS PROJECT. CONTRACTOR SHALL W 0 9233 IDAHO ATE REPLACE, AT NO ADDITIONAL COST TO THE OWNER, PLANT MATERIALS DAMAGED DURING EXECUTION OF THIS PROJECT OR DAMAGED DUE TO THE CONTRACTORS FAILURE TO O PHONE: (208) 639-6939 MAINTAIN OPERATION OF THE EXISTING SYSTEM DURING THE COURSE OF J FAX: (208) 639-6930 CONSTRUCTION. CONTACT: ALYSSA YENSEN, PLA 0 [-- w EMAIL: ayensen*kmengllp.com 6. EXISTING TREES TO REMAIN. PRESERVE AND PROTECT. SEE TREE PROTECTION NOTES. 7 LL 7 z 7. EXISTING DEAD TREE TO BE REMOVED AND REPLACED AS SHOWN. AS SHOWN, CLASS I < W TREE MUST BE USED UNDER POWER LINES. 8. BIKE RACK. SEE ARCHITECTURAL PLANS. W o 00 9. TRASH ENCLOSURE. SEE ARCHITECTURAL PLANS. CV REMOVE DEAD/ DAMAGED 10. MONUMENT SIGN. SEE ARCHITECTURAL PLANS. ` 0 BRANCHES AND PRUNE TO 11. DRAINAGE FEATURE. FINAL DESIGN AND APPROVAL TO BE A PART OF CIVIL INTERNATIONAL SOCIETY OF CONSTRUCTION PLAN SUBMITTAL. 5 ARBORICULTURE STANDARDS; G IMPROPERLY PRUNED TREES 12. SCHEMATIC VEHICLE HEADLIGHT SCREEN WALL. FINAL DESIGN AND DETAILS TO BE o (AS DETERMINED BY THE PROVIDED ON CONSTRUCTION PLANS. MAINTAIN CLEAR VIEW TO DRIVE THRU WINDOW. p LANDSCAPE ARCHITECT) SEE L1.0-3 FOR REFERENCE PHOTO. T O O O SHALL BE REMOVED AND (2)-BVC WOOD TREE 06 00 o REPLACE. 13. BIKE RACK. SEE ARCHITECTURAL PLANS. STAKES(MIN. 6' HT) O TRUNK FLARE. LOCATE PRIOR CHAINLOCK O�O o TO PLANTING. FLARE SHALL TREE TIES O BE VISIBLE AFTER PLANTING. 6" MULCH PER PLAN KEEP LIiL 3" MIN 1"-2" AWAY FROM TRUCK FLARE ti FINISH GRADE _ - 3 3" HT. WATERING BASING MULCH AT 1 ROOT- I= BERM PLANTER ' .�,_. ; • I - BALL -II - TURF 8" BEDS DEPTH - - FERTILIZER TABLETSi _ { =I I=I I-III I FOLD BACK BURLAP FROM11 ��4 i i I I I i I I I I I I I i I I I TOP i OF ROOTBALL. . - - - - - ;11, REMOVE WIRE BASKET. I-I I I I I-I I F- _ -I I h _ /� _ H DRAWN BY:DATE: NOTE: REMOVE TREATED ROOT- BACKFILL SOIL MIX GENTLY I I -I -I I I= I I _ - _ HH11 OR SYNTHETIC BURLAP BALL PACK BACKFILL USING WATER - - KAP 12/16/20 COMPLETELY. REMOVE WIDTH TO SETTLE SOIL AROUND -III-I ANY SOIL AND/OR ROOTBALL FINISH -I I�,,i III I-I I-I I-�I I -I I I �I=I �; - AY 20-205 MULCH AWAY FROM 8" MIN PLANTING PIT 8" MIN ROOTBALL ON UNDISTURBED GRADE -III-III-III--III- TOPSOIL TREE CROWN AFTER PIT SHALL BE A MIN. 2 TIMES WIDER SOIL INSTALLATION. THAN ROOTBALL AT BASE AND A MIN. 3 TIMES WIDER THAN ROOTBALL CUT EDGE AT FINISH GRADE. DEPTH SHALL BE - LANDSCAPE NOTES: SAME AS THE ROOTBALL. PLAN 1. THE CONTRACTOR IS RESPONSIBLE TO INSURE THAT ALL TREES ARE PLANTED STRAIGHT AND THAT THEY REMAIN STRAIGHT FOR A MINIMUM OF 1 YEAR. ALL STAKING SHALL BE REMOVED AT THE END OF THE ONE YEAR WARRANTY PERIOD. DECIDUOUS TREE PLANTING AND STAKING DETAIL SHOVEL CUT EDGE SCHEMATIC SCREEN WALL L1 .0 NTS 2 3 1 N S r e ISSUED BY A First American First American Title Insurance Company Exhibit A File No: 4106-3595140 Commitment File No.: 4106-3595140 The Land referred to herein below is situated in the County of Ada, State of ID, and is described as follows: Parcel A of Record of Survey 10206, Instrument No. 2015-073593, being portion of Lots 1 and 2 in Block 1 of McNelis Subdivision, according to the plat thereof, filed in Book 100 of Plats at Pages 13082 through 13084, Records of Ada County, Idaho, located in the Southeast Quarter of Section 34, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the One Quarter Section Corner common to Sections 34 and 35 of said Township 4 North, Range 1 West; Thence South 00053'05" West, a distance of 1737.69 feet on the Section line common to said Sections 34 and 35 to a point being the intersection of North Ten Mile Road and West Nelis Drive; Thence continuing South 00053'05" West, a distance of 62.99 feet on said Section Line; Thence North 89006'55" West, a distance of 48.00 feet to the northeast corner of Lot 1, Block 1 of McNelis Subdivision, as same Is shown on the Plat thereof recorded in Book 100 of Plats at Page 13082 of Ada County Records, said point also being on the Westerly Right-of-Way Line of North Ten Mile Road and being the POINT OF BEGINNING; Thence South 00053'05" West, a distance of 84.43 feet on the easterly lot Line of lot 1, Block 1 of said McNelis Subdivision; Thence North 89007'30" West, a distance of 230.00 feet to a point on the Lot Line common to Lots 2 and 11, Block 1 of said Subdivision; Thence North 00053'05" East, a distance of 117.46 feet to a point on a curve at the northerly lot corner common to Lots 2 and 11, Block 1 of said Subdivision, said point also being on the Southerly Right-of--Way line of West Nelis Drive; Thence on the northerly lot line of Lots 1 and 2, Block 1 of said Subdivision and on the Southerly Right- of-Way line of West Nelis Drive for the following courses and distances: Thence 0.89 feet on the arc of a curve to the right, said curve having a radius of 173.00 feet, a central angle of 00017'40", a chord bearing of South 89015'47" East, and a chord length of 0.89 feet; Thence South 89106'55" East, a distance of 112.16 feet; Thence South 69057'22" East, a distance of 39.61 feet; Thence South 89006'55" East, a distance of 59.54 feet; Thence South 44106'55" East, a distance of 28.27 feet to the point of beginning. This page is only a part of a 2016 AL TA®Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice;the Commitment to Issue Policy;the Commitment Conditions;Schedule A;Schedule B,Part I-Requirements;Schedule B,Part II-Exceptions;and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association.All rights reserved. The use of this Form(or any derivative thereof)is restricted to ALTA licensees and ALTA members in good standing as of the date of use.All other uses are prohibited. Reprinted under license from the American Land Title Association. F 5030016(5-9-17) Page 11 of 11 ALTA Commitment for Title Insurance(8-1-16) Idaho REVISIONS: CALCULATIONS TABLE _ -PARKING STALLS REQUIRED: 1 PER 500 = (1) STALL REQUIRED -PARKING STALLS PROVIDED: (5) PROPOSED STALLS, INCLUDING ONE HANDICAP. CD � , .. . Ln M - �� ;>( f -- -BICYCLE PARKING - (1) REQUIRED, (3) N . t �J `' �� _ PROPOSED c° co E Y K' BUILDING AREA: 488 SQUARE FEET. Q CD �.�:. .— _.�,^ � _„'.` _'- - .�� fl�' ��' ■ ter_ � , Jam` — ;4 '�a ]� y J _- i�'•�•� fd C m FF 1 c: CV 0 T T -- . - - - PROPOSED PROJECT TO BE SIMILAR TO STORE ON CHERRY LANE AND MERIDIAN RD. STAMP { ;t sy NOT F CONSTUCTIO 23 3285 W. NELIS DR. o f� ■ _ N O �' - r s8 °os'31 "E 112. 1PARKING W. NELIS DRIVE �Ss� 29 STO P " �, LANDSCAPE W — - — — — -AREA, REFER TO _ d L 9a05 3 a LANDSCAPE PLAN - - ° a 544605'31 "E 28.28' 4 . ' UTILITY EASEMENT a ` • U �� . ■ `" , NEW MONUMENT SIGN BICYCLE PARKING V e � O — LANDSCAPE EAS W J W N w >> U � c� r — w o z LL . . _ , w RAINAGE AREA U) D r r ''r/^� CDi k = I K- LL Z sJ W 7 Lu 7 W o o AREA OF LOW METAL WALL G Z Z .� 0 — _ ^m AND SHRUBS TO SCREENz Q Z LL.I DRIVE LANE.;I ` w > W {; cn s: H m 00 0 I 1 U N `'O M 17 - 7 J ` ,Amaxx > s 9'-01, -- W _ r- Q - o YP. �' LANDSCAPE AREA, REFER TOASH Lwoj G r' = N a Q J ENCLOSURE —' —, ,— LANDSCAPE PLAN '- - - - Z W Z W 2 ° � Lu Q W W (� ■ ■ iv 'D W W 1 , Q - 4 ,tie ` TRIPE TO DELINIATE 0 DRIVE UP LANE Q m 0 555 A' ,,,, EXISTING PAWN ONE SITE 25' -°' DRAWN BY DATE: RTH JPW 12/16/20 VICINTY MAP + C HE KED: J B NO.: JPW 2077 CONCEPT SITE PLAN / 6 - O SITE PLAN A- 1 .0 SHEET OF 'mil.ur{5' � / h I �4i J 6 L. IP Leqend Railroad 41 f: 00000 Interstate 00000 Ramp Principal Arterial U Collector Minor Arterial .Wj Local 4 Parks i ..� . Alley f Driveway r r f '-W. p _f 1 Parks ..T 9 El Condos LAW 11 _ El Parcels IL q1 Irk #T3 ;f wIr- M� � �!_ •�La.4i�•. '.�i� •Y:r�i.r,+L '}; '1.' � I '� �� I� � •�1n !i.11� 1� - .�r 'r 5 _ P DID�� a o.I� r �- - n NORTH ELEVATION EAST ELEVATION �l SOUTH ELEVATION n WEST ELEVATION 3285 W.NELIS DR. W.NELIS DRIVE Lu _ C •ea o U O N f_ K W W J Y f 1 Z sH I .I I zl • EXISTING PAWN ONE SITE ®®VICINTTYY MAP ;1 CONCEPT SITE PLAN LJ v1s•=r-0° Jerrod Wallgren From: Jerrod Wallgren <jwallgren@jgt-architecture.com> Sent: Thursday, December 10, 2020 6:50 PM To: 'Colby Halker'; 'Alex Furioso' Subject: Neighborhood Meeting Minutes Colby, To document the Neighborhood Meeting, I just wanted to send out this quick note. As you know, we logged in to Zoom shortly before 6:00 PM today December 101n The participants were: Colby Halker—A&C Ventures Jerrod Wallgren—JGT Architecture No one else attended the meeting, so we waited until about 6:12 and concluded. At about 6:25 PM, I logged back in to find the chat log, and Janet Wilder from across the street (3340 N.Ten Mile) logged in a few seconds later and explained that she forgot about the meeting. We had a brief chat and she expressed no concerns about the project. I will submit this email along with a couple screen shots of the meeting as record that the meeting was held. Have a good night. Jerrod Wallgren jgt architecture 1212 12tn Avenue South Nampa, ID 83651 P: 208.463.9295 www.agt-architecture.com i jgt architecture December 2, 2020 NOTICE Neighborhood Meeting for proposed project at 3285 W. Nelis Drive To: Neighbor within 500 feet of subject property From: Jerrod Wallgren, Project Architect JGT Architecture 1212 12t" Avenue South Nampa, ID 83651 RE: Proposed coffee shop at 3285 W. Nelis Dr, Meridian, ID. To Whom it May Concern, You have been identified as a property owner within 500 feet of a site located at 3285 W. Nelis Drive in Meridian. I represent A & C Ventures, LLC who are proposing to construct a coffee shop on said property. Per the Meridian City ordinance, a business with a drive though lane is required to obtain a conditional use permit, and part of the process to inform the neighbors by conducting a Neighborhood Meeting. In light of current public health issues, we are opting to conduct the meeting virtually. The meeting will be conducted using the "Zoom" platform as follows: Day: Thursday, December 10th Time: 6:00 PM Location: In a web browser, go to www.zoom.us and click the "Join a Meeting" link at the top of the home page and enter the following credentials. Meeting ID: 844 0540 7437 Passcode: 243648 or Join the meeting by phone +1 669 900 6833 US If you plan to attend the meeting, please send me an email at jwallgren(c�igt- architecture.com with your contact information, just in case we have technical difficulties and need to get in touch with you. 1212 12th avenue south nampa . idaho 83651 phone : (208) 463.9295 fax : (208) 463- 9299 email : jgt@jgt-architecture.com Concept plans for the proposed project are attached. If you are unable to attend the meeting virtually, but have any questions or comments, please call or send an email to me and/or Colby Halker at the contact information below: Jerrod Wallgren Colby Halker 208.794.9537 208.890.2253 0wallgren(a)-jgt-architecture.com chalker(a�hcollc.com Thank you. Respectfully, Jerrod P. Wallgren Project Architect 2 0 Zoom Meeting Participants (2) Jerrod Wallgren (Host, me) 0 C Do Colby Halker VO CDO i to `,'uie Unrnute An ... Zoom Croup Chat To: Everyone File ... Type mi-essage here... Zoom meeting — r 11 Participants (2) Jerrod Wallgren (Host, me) CDJ Janet Wilder pill Invite Mute All Unmute All ... Janet 10 Zoom Group Chat To; Everyone Firs . i iessage .. i"E.. F F 0 Type here to search IP ADA COUNTY RECORDER Phil MCGrane 2019-104948 BOISE IDAHO Pgs=9 VICTORIA BAILEY 10/24/2019 11:5a AM RECORDATION REQUESTED BY: PIONEER TITLE COMPANY OF ADA COUNTY S45-00 ❑.L Evans Bank Merldian Fairview Branch 2560 E.Fairview Ave. Meridian,ID 83642 ELECTPONICALLY R£CORpEi1-... WHEN RECORDED MAIL TO: REMOVE THE GOUNTY ST+I r' ti rIRST 0,L Evans Bank PAGE"AS iT IS NOW INCORPoRA7ED AS Meridian Fairview Branch PART OF THE ORIGINAL DOCUMENT 2560 E.Fairview Ave. Meridian,to 83642 SEND TAX NOTICES TO: Edward J.McNelis;Von Zae McNells;and Ten Mile Investments,LLC 621 NorthRobinson Read Nampa,ID 83BB7 SPACE ABOVE THIS LINE 15 FOR RECORDER'S USE ONLY {D W l(J J Iyf f7 '2405002965f030000000DaoGO1• DEED OF TRUST THIS DEED OF TRUST is dated October 18, 2019, among Edward J. McNelis and Von zae McNells, husband and wife as to Lots 5 and 6 in Block 2 AND Ten Mile Investments, LLC,an Idaho limited liability company, as to the remainder ("Grantor"); D. L. Evans Bank, whose address is Meridian Fairview Branch, 2560 E. Fairview Ave., Meridian, ID 83642 (referred to below sometimes as"Lender"and sometimes as"Beneficiary"); and Pioneer Title Company of Ada County, whose address is 8151 West Rifleman Street, Boise, ID 83704 {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, togelher with all existing or subsequently erected or affixed buildings, Improvements and fixtures; all easements, dohis of way. and appurtenances;all water,walef rights and ditch rights(Induding stock in utffilies with ditch or irrigation rights);and all other rights,ro�ailies, and profits regaling to the real property, including without Iimilatian all minerals, oil, gas, geothermal and similar matters, (the 'Real Property")located in Ada.County, State of Idaho: Lots 7, 8 and 9 in Block 1 and Lots 2, 3, 5 and 6 in Block 2 of McNelis Subdivision, according to the plat thereof,filed in Book 100 of Plats at Page(s)13082.13084, records of Ada County,Idaho. AND PARCEL A A parcel of land located in the Southeast quarter of Section 34, Township 4 North, Range 1 West, Boise Meridian,City of Meridian,Ada County,Idaho,being more particularly described as follows: Commencing at the one quarter section corner common to Sections 34 and 35 of said Township 4 North, Range 1 West; Thence South 00°53'05" West, a distance of 1737.69 feet on the section line common to said Sections 34 and 35 to a point being the intersection of North Ten Mile Road and West Nelis Drive; Thence continuing South 00°53'054' West,a distance of 6 2.9 9 feet on said section line; Thence North 89'DS'55" West,a distance of 48.00 feet to the northeast corner of Lot 1, Block 1 of McNells Subdivision,as same is shown on the Plat th9reo€recorded in Soak 100 of Plats at Page 13082 of Ada County Records,said point also being on the Westerly right-of-way line of North Ten Mile Road and being the POINT OF BEGINNING; Thence South 00°53'05" West, a distance of 84.43 feet on the easterly lot line of Lot 1, Block 1 of said McNells Subdivision; Thence North 89°07'30" West,a distance of 230.00 feet to a point on the lot line common to Lots 2 and 11, Block 1 of said subdivision; Thence North 00°5V05" East, a distance of 117.46 feet to a point an a curve at the northerly lot corner common to Lots 2 and 11, Block 1 of said subdivision, said point also being;on the Southerly right-of-way line of West Nelis Drive: Thence on the northerly lot line of Lots 1 and 2, Block 1 of said subdivision and on the Southerly right-of-way line of West Neils Drive for the following courses and distances: Thence 0.89 feet on the arc of a curve to the right,said curve having a radius of 173.00 feet,a central angle of 00'17'40", a chord bearing of South 89°15'47" East,and a chord length of 0.89 feet; Thence South 89°06'55" East,a distance of 112A6 feet; Thence South 69*5712" East,a distance of 39.61 feet; Thence South 89°06'55" East,a distance of 59.54 feet; Thence South 44°06'55" East,a distance of 28.27 feet to the POINT OF BEGINNING. AND PARCEL C A parcel of land located in the Southeast quarter of Section 34, Township 4 North, Range 1 West, Boise Meridian,City of iife,lid ian,Ada County, Idaho,being^ore particular;y described as follows: Commencing at the one quarter corner common to Sections 34 and 35 of said Township 4 North, Range 1 West; Thence South Q0°53'05" West, a distance of 1737.69 feet on the section line common to said Sections 34 and 35 to a point being the intersection of North Ten Nile Road and West Neils Drive; Thence continuing South 00`53'05"West,a distance of 6 2.9 9 feet on said section line; Thence North 89°06'55" West, a distance of 48.00 feet to the northeast corner of Lot 1, Block t of McNells II���11�111��Ill��l�lll'I ��' IIIIIIUIU�I�llllllllllllllll!I�Illl����l�a '24050028651030000000000001' DEED OF TRUST Loan No.2406002965103 (Continued) Page 2 Subdivision,as same is shown on the Plat thereof recorded in Book 100 of Plats at Page 13082 of Ada County Records,said point also being on the Westerly right-of•way line of North Ten Mile Road; Thence on the northerly lot line of Lots 1 and 2, Block 1 of said subdivision and on the Southerly right-of-way line of West Nelis Drive for the following courses and distances: Thence North 44'06'55" West,a distance of 28.28 feet; Thence North 89°06'55" West,a distance of 59.54 feet; Thence North 69°57'22" West,a distance of 39.61 feet; Thence North 89*06'55" West,a distance of 112.16 feet to a point of curve, Thence 0.89 feet on the arc of a curve to the left,said curve having a radius of 173.00 feet,a central angle of 00'17'40", a chord bearing of North 89'15'47" West, and a chord length of 0.89 feet to the northerly lot corner common to Lots 2 and 11, Block 1 of said McNelis Subdivision, said point being the POINT OF BEGINNING. Thence South 00'53'05" West,a distance of 350.88 feet on the lot line common to said Lots 2 and 11 to the southeast corner of said Lot 11; Thence North B9"07'30" West,a distance of 445,08 feet on the southerly lot lines of Lots 10 and 11. Block 1 of said subdivision to a point on a curve at the southwest corner of said Lot 10, said point also being on the Southerly right-of-way line of West Nelis Drive; Thence 260.23 Feet on the arc of a curve to the curve to the fight, said curve having a radius of 373.00 feet,a central angle of 39'58`24", a chord bearing North 38°50'34" East, and a chord length of 264.98 feet an the Northerly lot line of said Lot 10; Thence North 58°49'55" East, a distance of 232.80 feet on the Northerly lot line of said Lot 10 and 11 to a point of curve; Thence 95.89 Feet on the arc of a curve to the right said curve having a radius of 173.00 feet, a central angle of 31°4S'30", a chord bearing North 74°43'39" East, and a chord length of 94.67 feet on the Northerly lot line of said Lot 11 to the POINT OF BEGINNING. Together with 2.32 acres of water rights Serial No, 1212-2-6, 2.60 acres of water rights Serial No. 1212-2-5, 0.86 acres of water rights Serial No. 1212.1.1A, 0,93 acres of water rights Serial No. 1212-1-71 1.25 acres of water rights Serial No, 1212-1.8, 1.66 acres of water rights Serial No. 1212.1.9, 1.36 acres of water rights Serial No. 1212-1.10, 1.38 acres of water rights Serial No. 1212.1.11, 1.63 acres of water rights Serial No. 1212.2.2, 3.06 acres of water rights Serial No, 1212-2.3 from the Nampa �& Meridian Irrigation District, together with any and all other water rights and ditch rights appurtenant to the above described property. The Real Property or its address is commonly known as 3275 North Burley Avenue, 3331 North Burley Avenue, 3302 North Burley Avenue, 3386 North Burley Avenue, 3214 North Burley Avenue, 3410 West Neils Drive, 3396 West Nelis Drive, 3285 West Neils Drive, 3425 West Nelis Drive, meridian, ID 83646. The Real Property tax identification number is R5629430130, R5629430140, R6629430160, R56294301702 R6629430011, R6629430106,R5629430090,R5629430080, R5629430070. Grantor presently assigns to Lender(at so known as Beneficlary in this Deed df Trust)all of Grantor's right,title,and Were61 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 ASSIGNMPNT OF RENTS AND THE SEC UR)Tr INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THIS DEED DF TRUST. THIS GEED 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 hypothecale 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 resell in a violation of any law,regulation,court decree or order applicable to Grantor; (d)Grantor has established adequate means of❑blaining from Borrower on a continuing basis information about Borrower's financial condition:and (e)Lender has made no representallon to Grantor about Borrower(Including without limilalion the creditworthiness of Borrower). GRANTOR'S WAIVERS. Granior waives ail rights or defenses arising by reason or any"one action"or"anti-deficiency"law,or any other law which may prevent Lender from bringing any action against Grantor,including a Galm for deficiency to the extent Lender is otherwise entitled to a claim for deficiency,before or after Lenders commencement or completion of any foreCtosure action, either judicially or by exercise of a power of sale. f AYMENTAND PERFORMANCE. Except as otherwise provided In this Deed of Trust,Borrower shall pay to Lender all Indebtedness secured by this Deed of Trust as it becomes due,and Borrower and Grantor shall 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 Borrowers and Grantor's possesslon and Use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default,Grantor may (1) remain In possession and control of the Property; (2) use,operate or manage the Property; and (3) collect the Rents from the Property. The following provisions relate to the use of the Property or to other limitations on the Properly. THE REAL PROPERTY IS NOT MORE THAN EIGHTY (80) ACRES AND IS NOT PRev'CIPALLY USED FOR THE AGRICULTURAL PRODUG—TFON tW CROPS.LIVESTOCK,DAIRY OR AQUATIC GOODS,OR IS NOT MORE THAN FORTY(40)ACRES REGARDLESS OF USE,DR IS LOCATED WITHIN AN INCORPORATED CITY Orr VILLAGE. Duty to Maintain. Grantor Shall maintain the Property in lenentable condition and promptly perform all repairs, replacements, and mainlenance 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 Properly,there has been W use,generation.manufacture.storage,treatment,disposal,release or threatened release of any Hazardous Substance by any person on,under, about of from the Properly; (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, lillllll'llll'll�lllll dl I�III I I�Ilill�llll Illllllll�lilll III I��IICllllll�l� il -24050029651030000000000G 0t DEED OF TRUST Loan No: 2406002966103 (Continued) Page 3 (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 aulhorized user of the Property shalt 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 Envlonmental 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 he for Lenders purposes only and shall riot he Construed to create any responsibility or liability on the part of Lender to Grantor or to any other person. The representations and warranties contained herein are based on Granter's due diligence in investigating the Property for Hazardous Substances. Grantor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under any such laws;and (2) agrees to Indemnify,defend,and hold harmless Lender against any and all claims,losses,liabilities,damages,penalties, and expenses which Lender may directly or Indirectly sustain or suffer resulting from a breach of this section of the Deed of Trust or as a consequence of any use,generation, manufacture, storage, disposal,release or threatened release occurring prior to 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 Lenders acquisition of any Interest in the Property,whether by foraclo9ure or otherwise. Nuisance,Waste. Grantor shall not cause,conduct or permit any nuisance nor commit,permit,or suffer any Slapping of or waste on of to the Properly 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 Lenders prior written consent. Removal of improvements. Grantor shall not demolish or remove any improvements from the Real Property without Lenders prior written Consent. As a Condition to the removal of any Improvements.Lender may require Grantor to make arrangements satisfactory to Lender to replace such improvements with Improvements of at least equal value. Lenders Right to Enter. Lender and Lenders 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 11MIL811orl.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 tender's sole opinion.Lenders interests In the Property are not jeopardized. Lender may require Grantor to past adequate security or a surety band, reasonably satisfactory to Lender.to protect Lender's interest. Duty to ProtecL Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do alt 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 Lenders option,declare immediately due and payable all sums secured by this Deed of Trust upon the sale or transfer,without Lender's 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 involoWary,whether by outright safe,deed,installment Safe Contra Cl, land contract.Contract for deed, leasehold interest with a term greater than three(3)years,tease-opllon Contract,or by sale,assignment,or transfer of any bene5Ciaf interest in or to any land trust holding title to the heal Property,or by any other method of conveyance of an interest in the Real Properly. If any Grantor is a cerporatlon.partnership or limited liability company,transfer also includes any restructuring of the legal entity(whether by merger,division or otherwise)or any change in ownership of more than twenty-five percent(25%)of the voting stock,partnership inleresfs or limited liability company fnlerests,a$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 taw. TAXES AND LIENS. The following pfovisions 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 or the Property,and shall pay when due all claims for werk 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 goad faith dispute over the obligatlon to pay,so long as Lenders Interest in the Properly Is not jeopardized. If a lien arises or is filed as a result of nonpayment. Grantor shall within fifteen(15)days after the hen arises 0r,If a Ilan Is filed,within fifteen(15)days after Grantor has notice of the fit rig. 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 shah 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 Ca nstroctlo n. Grantor shall notify Lender of least fifteen(15)days before any work is commenced.any services are fu rms had,0r any materials are supplied to the Property,if any mechanic's lien, materialmen's lien,or other lien Could be asserted on account of Ina work,Services,or materials and the Cost exceeds 1000.00. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor Can and will pay the cost of such Improvements. PROPERTY DAMAGE INSURANCE. The folfowing provisions relating to insuring the Property are a part of this Deed of Trust. Maintenance of tnsurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a fair value basis[or the full insurable value covering all improvements on the Real Property in an amount sufficient to avoid application o[ any coinsurance dause,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 gamed as addillonal insureds in such liability insurance policies. Additionally,Granter shall maintain Such other insurance,including but not limited to hazard,business interruption,and bolter 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,lnctuding stipulations that coverages will not be cancelled or diminished without of least fifteen(15)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 flood insurance,if available,for the full unpaid principal balance of the loan and any prior liens on the property securing the loan,up to[he maximum policy limits set under the Nalional "2 4 0500296 510 3 0 000 00 0 D O0 G 01" DEED OF TRUST Loan No: 2405002965103 (Continued) Page Flood Insurance Program,or as otherwise required by Lender,and to maintain such Insurance for the term of the loan.Flood insurance may be purchased under the National Flood Insurance Program,from private insurers providing"private flood insurance"as defined by applicable federal flood insurance statutes and regulations,or from another flood insurance provider that is both acceptable to Lender in its sole discrelion and permitted by applicable federal flood insurance statutes and regulations. Application of Proceeds. Grantor shall promptly notify Lender of arty loss or damage to the Property if the estimated cost of repair or replacement exoeeas 1000.DU. Lender may make proof of loss if Grantor falls to do so within fifteen(15)days of the castiafty. WhelIner or nol Lender's security is mpaired,Lender may.at Lendefs election, receive and retain the proceeds of any insurance and apply the proceeds t0 the reduction of the Indebtedness,payment of any lien affecting the Property,or the restoration and repair of the Properly. 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 shalt,upon satisfactory proof of such expendllune 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 whiCn have riot been disbursed within 180 days after their receipt and which Lender has not commltled 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 Indebledness,si1CTl proceeds Snail be paid to Grantor as Grantors interests may appear, Granters 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 mariner of determining that value:and (5) the expiration date of the policy. Grantor shall,upon request of Leader,have an independent appraiser salisfactory to Lender determine the rash value replacement cost of[me Property. LENDER'S EXPENDITURES. If arty action or proceeding is commenced that would matedally affect lenders interest in the Property or if Grantor rails to cantply with any provision of this teed of Trust or any Related Documents,Including but not limited to Grantors failure to discharge or pay when due any amounts Grantor is rectuired to discharge or pay under this Deed of Trust or any Rotated Documents, Lender on Grantors behalf may(but shall not be obligated to)take any action that Lender deems appropriate,Inducing but not limited to discharging or paying all taxes,hens.security interests.enctantxarces and other claims,at any time tevied 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 wili 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 kldebtedrrlss and,at Lenders option,will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to became due during eirther (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 Nate'a maturity. The Deed of Trust also will secure payment of these amounts. Such right shah be in addition to aft outer rights and remedies to which Leader may be entitled upon the occurrence of any Event of 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 file Of record to the Property in fee simple,free and dear of all Ilens and encumbrances other than those set forth in the Real properly description or In any title Insurance policy,fI1Ie report,or Mal lisle opiNon 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 10 execute and deliver this Deed of Trust to Lender. Defense of Title. Subject to the exception in 0te 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 line 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 parliapale, in the proceeding and to be represented to the proceeding by Counsel of Lenders own choice,and Grantor will deliver.or cause to be delivered,to Lender such instruments as Lender may request from lime to time to permit such participation. Compliance With Laws. Grantor warrants that the Properly and Grantors use of the Property complies with all existing applicable laws. Ordinances,and regulations of govemmental authorities. Survival of Representations and Warranties. All representations,warranties,and agreements made by Grantor in this Deed of Trust shall survive the execution and detivary of this Deed of Trust,shall be continuing irk nature,and shall remain in full force and effect until such time as Borrowers Indebtedness shall be paid in full, CONDEMNATION. The following provisions relaling to condemnation proceedings are a part of this Deed of Trust: proceedings. If any proceeding in condemnation is filed.Grantor stall promptly notify Lender in writing,and Grantor shall prounptly take such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party In such proceeding,but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice,and Grantor will deliver or Cause to be delivered to Leader such instruments and documentation as rimy be requested by Lender from time to time to permit such partidpation. Appllcation 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 cf 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 meant the award after paymment of all reasonable costs,expenses,and attorneys'fees incurred by Trustee or Lercier in connection with the condemnation. IMPOSITION OF TAXES,FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relaling 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 lake whatever other action is requested by Lender to perfect and continue Lenders lien on the Real Property. Grantor shall reimburse Lender for all taxes,as described below,together with all expenses incurred in recording,perfecting or continuing this Deed of Trust, including without limitation all taxes,fees,documentary stamps,and other charges far recording or registering this Deed of Trust. Taxes. The following shall constitute taxes to which this section applies: (1) a spadflc tax upon this type of Deed of Trust or upon all or any part of the Indebtedness secured by this Deed of Trust; (2) or 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 an all or any potion of The Indebtedness or on payments of principal and interest made by Borrower. Subsequent Taxes. If any tax to which this aection applies is enacted subsequent to the date of this Deed of Trust,this event shalt have the same effect as an Event of Default,and Lender may exercise any or all of its available remedies for an Event of Default as provided below,unless Grantor elther (1) pays the tax before it beaornes delinquent,or (2) contests the.tax as provided above in the Taxes and Liens sections and deposits with Lender cash or a sufficient corporate surety bond or bete[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 t0 the extent any of the Property constitutes fixtures,and Lender shall have all Of the rights of a secured party under the Uniform Commercial Code as amended from time to time. Security Interest Upon request by Lender,Grantor shall take whatever action is requested by Lender to perfect and continue Lender's security interest in the Reels and Personal Property. in addition to recording lhis Deed of Trust in the real properly records.Lender may,at i'll�l�� fl�ll �� �l� �ll'� � �III� �li�lllll�l�l�lil�illll '240 5DD2a65(0300000000 DOG 01' DEED OF TRUST Loan No: 2405002965103 (Continued) Page 5 any time and without funner 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 p)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 parry)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 fallowing 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 tame,upon request of Lender.Grantor will make,execzrte 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 he fried,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 surch mortgages, deeds of trust, security deeds, security agreements, financing slatemenis. Continuation statements, instrun-ems of further assurance, certificates,and other documents as may,in the sole Opinion of Len1!r.be noce�or desirable in order to effectuate,complete,perfect. continue,or preserve (1) Borrowers and Grantors obligations under the Note.this Deed of Trust,and the Related Documents,and (2) the liens and security interests created by this Deed of Trust as first and prior liens on the Property.whetter now owned or hereafter acquired by Grantor. Unless prohibi led by law or Lender agrees to the contrary In writing,Grantor shall reimburse Lender for all costs and e)gxmses 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 Grantors 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 whets due,and Grantor otherwise performs all the obligations imposed upon Grantor under this Aced of Trust,Lender shall execute and deliver to Trustee a request for full reowrveyance and stall execute and cldlvur to Grantor suitable statements of termination of any financing statement on file evidencing Lenders security interest in the Rents and the Personal Properly. Arty reconveyance fee required by taw shall be paid by Grantor,if permitted by applicable law. EVENTS OF DEFAULT. Each of the following,at Lender's option,shall constitute an Event of Default under this Deed of Trust' Payment Default. Borrower fails to make any payment when due under the Indebtedness. Other Defaults. Borrower or Grantor fails to comply with or to perform any other term,obligation,covenant or cortdillon contained in this Deed of Trust or in any of the Related Documents or to comply with or to perform any term,obligation,covenant or condition contained in any other agreement between Lender and Borrower or Grantor. Compliance Default. Failure to comply with any other term,obligation,Covenant of Condition contained in this Deed of Trust,the note or in any of the Related Dom meats. Default on Other Payrrente. Failure of Grantor within the time required by this Deed of Trust to make any payment for lazes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. False Statements. Any warranty, representation or stalemeM made or furnished to Lender by Borrower or Grantor err on Borrower's or Grantors behalf under this Dead of Trust or the Related Documents is false or misleading in any material respect,either now or at the time made or furnished cr becomes false of misleading at any time thereafter. Defective Collateralization. This Deed of Trust or any of the Related Documents ceases to be In full force and effect{including failure of any collateral document to Create a valid and perfected saCurily interest or lien)at any time and for any reason. Death or tnsolvermy. The dissolution of Grantors(regardless of whether election to continue is made),any member withdraws from the limited liability company,or any other termination of Borrower's or Grantors existence as a going business or the death of any member,the insolvency of Borrower or Grantor,the appointment of a receiver for any part of Borrower's or Grantor's property,any assignment for the benefit of creditors,any type of creditor workout,or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower or Grantor. Creditor or,Forfelturs Proceedings. Commencement of foreclosure or forfeiture proceedings,whether by judicial proceeding,self-help, repossession or any other method,by any creditor of Borrower or Grantor or by any governmental agency against any property securing the indebtedness. This Includes a garnishment of any of Borrowers or Grantors accounts,including deposit accounts,with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower or Grantor as to the validity or reasonableness of the Claim which is the basis of the creditor or forfeiture proceeding and if Borrower or Grantor gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the Creditor or forfeiture proceeding,In an amount determined by lender. In its sole discretion,as being as adequate reserve br bond for the dispute. 8 reach of Other Agreement. Any breach by Borrower or Grantor under the terms of any other agreement between Borrower or Grantor and Lender that is not remedied within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other obligator of Borrower or Grantor to Lender,whether existing now or later. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the indebtedness or any Guarantor dies or becomes incompetent,or revokes or disputes the validity of,or liability under,any Guaranty of the Indebtedness. Adverse Change. A material adverse change oOV=in Borrowers or Grantor's financial condition,or Lender believes the prospect of payment or performance of the Indebtedness is impaired. Insecurity. Lender in good faith believes itself insecure. RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust,at arty time thereafter.Trustee or Lender may exercise any one or more of the following rights and remedies: Not"of Default. In the Event of Default lender shaft 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,amd shall cause such notice to be recorded in the office of the recorder of each county wherein the Real Properly,or any pan thereof,Is situated. Election of Remedies, Eleclion by Lender to pursue any remedy shall not exclude pursuit of any other remedy,and an election to make expenditures at 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 arty pan of the Personal Property,Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code. l�ll�lu�l�ll�l�llllll��ll1�1� Ill���llIl��lllllllll�ll�lllll�'1��111llllllllllllI�llll '24050029M030000000000G01' DEED OF TRUST Loan No: 2445402965M3 (Continued) Page 6 Collect Rents. Lender shall have the right,without notice to Borrower or Grantor to lake possession of and manage the Properly and collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lenders costs, against the Indebtedness. In furtherance of this right,Lender may 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 Recelvar. 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 Properly 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 Io 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 becorn"entitled to possftsion of the Property upon default of Borrower or Grantor.Grantor shall beoome a tenant at sufferance of Lender or the purchaser of the Property and shall,at Lenders 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 cr remedy provided in this Deed of Trust of 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 dispositiVn of the Personal Properly is to be made. Reasonable notice shall mean notice given at least ten IF0)days before the time of the sale or dlspostlten. Any sale of the Personal Properly may be made in conjunction with any sate of the Real Property. Sala of the Property. To the extent permitted by applicable law.Borrower and Grantor hereby waives any and all rights to have the Property marshaled- In exercising its rights and remedies,the Trustee or lender shall be free to sell all or any part of the Properly together or separately,in one sale or oy separate sates. 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 line time required by law having elapsed,Trust&,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 riwney of the United Slates,payable at time of sale. Trustee shall deliver to the purchaser his or her deed conveying the Property so sold, but without any covenant or warranty express or implied. The recitals in such dead of any matters or facts shall be Conclusive proof of the truthfulness of such mailers 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 Ittereon 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. Attomeys'Fees;Expenses, If Lender institutes any suit or action to enforce any of the terms of this Deed of Trust.Lender shall be entitled !o seLln such sum as the Court may adjudge reasonable as attorneys'fees at trial and upon any appeal. VMether or not any court action is involved,and to the extent not prohibited by law,all reasonable expenses Lender incurs that in Lenders opinion are necessary at any time for the protection of its interest or the enforce"rd of its rights shall become a part of the Indebtedness payable on demand and shall pear interest at the Nate rate from the date of the expenditure until repaid. Expenses covered by this paragraph include,without limitation, however subject to any limits Wider applicable law,Lenders reasonable attorneys'fees and Lender's legal expenses whether or not there Is a lawsult, including reasorabte attorneys' fees arcs expenses for bankruptcy proceedings(including efforts to modify or vacate any automatic stay or Injunctlon),appeals,and any anticipated post judgment CWleoon 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 scans 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 Dead of Trust or the interest of Lender Carder this Deed of Trust. Obtlgations 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. Trustua. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the sights and remedies set forth above,with respect to all or any part of the Property,the Trustee shall have the right 10 foreclose by notice and sale.and Lender shall have the right to foreclose lYy judicial foreclosure,in either case in accordance with and to the Full extent provided by applicable law. Successor Trustee. Lender. at Lenders Option,may from time to time appoint a succeowr Trustee to any Trustee appointed under this Peed of Trust by an Instrument executed and acknowledged by Lender and recorded in the office of the recorder of Ada County,State of Idaho. The instrument steal 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 substilution. 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 tetefacsimile(unless otherwise required by law),when deposited with a nationally reeognieed overnight courier, or, if mailed,when deposited in the United States mail, a$first Gass, certified or registered mail postage prepaid,directed to the addresses shown near the beginning of this Deed of Trust. All copies of notices of foreclosure From the holder of any lien which has priority over this Deed of Trust shall be sent to Lenders address,as shown near the beginning of this 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. MISCELLANEOUS PROVISIONS. The following mISCeltaneOUS provisions are a part of this Deed of Trust: Arneodmenta. This Deed of Trust,loge Mi-wit h any Related Documents,constitutes the entire understanding and agreement of Ire parties es to the matters set forth In this Deed of Trust. No alteration of or amendment to this Deed of Trust shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Annual Reports, If the Property is used for purposes other than Grantors residence,Grantor shall furnish to Lender, upon request, a certified statement of net operating inane 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 reoelpts from the Property less all cash expencfitures made in connectlon '240500296 51030000000000E 0l' DEED OF TRUST Loan No: 2406002965103 (Continuer) Page 7 with the operation of the Property. Caption Pleadings. 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 hold by or for the benefit of Lender in any capacity,without the wrilton consent of Lender. Governing Law. This Dead of'Trust wilt 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 Dood 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 Liablllty. All obligations of Borrower and Grantor under this Deed of Trust shall be joint and several,and all references to Grantor shall mean each and every Grantor,and all references to Borrower shall mean each and every Borrower- This means that each Grantor signing below is responsible for all obligations In this Deed of Trust. Where any one or more of the parties Is a corporation, partnership,limited liability company or similar entity, it is not necessary for Lender to inquire into the powers of any of the officers, directors,partners,mri ambers.or other agents acting or purporting to act on the entity's behaH,and any obligallons made or created in reliance upon the professed exercise of such powers shall be guaranteed under this Deed of Trust. No Waiver by Lander. 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 o"rwise to demand strict compliance with that provision or any other provision of this Deed of Trust. No prior waiver by Lender,nor any bourse of dealing between Lender and Grantor,shall constitute a waiver of any of Lender's rights or of any of Grantors obligations as to any future transactions. Whenever the consent of Lender is required under this Deed of Trust,the granting of such consent by Lender in any instance shall not constitute continuing consem to subsequeit instances where such consent is required and in all cases such consent may be granted or withheld in the sale discretion of Lender. Severability. If a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal,invalid,of unenforceable as to any person or Circumstance, that finding small not make the offending provision illegal,invalid, or unenforceable as to any other person or circumstance. If feasible,the offending provision shall be considered modified so that it becomes legal,valid and enforceable. If the offendiN provision cannot be so modified,it shall be considered deleted from this Deed of Trust. Linless otherwise required by law,the illegality,invalidity,or unenforeeatAdy of any provision of this bead of Trust shall not affect the legality,validity or enforceability of any other provision of this Deed of Trust- Succossors and Assigns. Subject to any limitations staled in this Deed of Trust on transfer of Grantors interesl,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 Granter's successors with reference to this Deed of Trust and the indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this Deed of Trust or llablllly under the ndebtedness- Time is of the Essence. Time is of the essence In The performance of[his 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 eounterdatm brought by any party agalrist any other party. Waiver of Homestead Exemption. Grantor hereby releases and walves all rights and benefits of the homestead exemption laws of the State of Maho as to all Indebtedness secured by this Deed of Trust. DEFINITIONS. The following capitalized words and terms shall have the following meanings whert,used in,+is Deed of Trust. Unless specifically stated to the contrary,all references to dollar amounts shall mean amounts in lawful moneys Qf thp.United'States of America. Words and terms used in the singular shall include the plural,and the plural shall include the singular,as tine cbMegt-mqy require, Wards and terms not othe vilse defined in this Deed of Trust shall have the meanings attributed to such terms in the€trtifornt E"ammerd4lCdde: Beneficiary. The word"Beneficiary"means D.L.Evans Bank,and its successors and assigns. Borrower. The word"Borrower"means Ten Mile Investments,LLC and Includes all co-signers end 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,a/d'-Trustee,and includes without limitation all assignment and security interest provisions relating to the Personal Property and Rents. Environmental Laws. The words"Environrnartial Laws"mean any and all state, federal and.,iddal;statules.reguialions 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.G. Section 9601.et seq. rCERCLA"),the Superfund Amendments and ReauItimizalion Act of 1ga6,Pub-L-No.99.499("SARA').the Hazardous Materials Transportation Acl.49 U-S.C.Sectiort 1801.of seq-. the Resource Conservation and Recovery Act, 42 U.S-C- Section 6901. at seq., or other applicable slate or federal laws, rules. W regulations adapted pursuanl thereto. Event of Default The words"Even]of Default"mean any of the events of default set forth in this Deed of Trust in the events of default section of this Deed of Trust. Grantor, The word"Grantor"means Edward J.McNe3is:Von Zae McNelis;and Ten Mite Investments,LLC. Guarantor. The word"Guarantor"means any guarantor,surety,or accommodation party of any or all of[tie Indebtedness. Guaranty- The word'Guaranty"means the guaranty from Guarantor to Lender,including without limitation a guaranty of all or part of the Note- Hazardous Substances. The words"Hazardous Substances"mean materials that, because of their quantity,concentration or physical, chemical or Infectious C,hoiracterislics, 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 other�rja9`lin?!1ed,,,The words "Hazardous Substances"are used in their very broadest sense and include without limitation any and all ftaiarAcus W16xic substances,materials or waste as defined by or listed under the Environmental Laws. The term'Hazardous Substances'all;VioMdes,-yrithouttim11aFon,petroleum and petroleum by-products or any fraction thereof and asbestos. Improvements. The word"Improve menls'means all existing and future improvements,buoingg.St3Yicfures,mobile homes affixed on the Real Properly,facilities,additions,replacements and other construclion oil the Rest PropeV Indebtedness. The word'Indebtedness"means all principal,interest,and other amounts,'costs:and{expenses payable under the Nate or Related Documents,together with all renewals of,extensions of,modifications of, oons6lidall6ps-of and SubStilutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Graritorrs obli aGoh9 of expenses incurred by Trustee or Lerider to enforce Grantor's obligations under this Deed of Trust,together with interest on•gif ,ahidunts as provided in this Deed of Trusi- Lender. The word"Lender"means❑.L.Evans Bank,Its successors and assigns. Not*. The word "Note" means the promissory note dated October 18. 2ois, in the original principal amount of 'aa65t7t72g55r030040a00000Gol DEED OF TRUST Loan No: 2445D0296543 (Continued) Page 8 $1,400,000.00 from Borrower to Lender,tag ether with all renewals of,extenslons of,modifications of.refinancings of,consoildalions 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 tlmitatlon all insurance proceeds and refunds of premiums]From any sale or other disposition of the Property. Property. The word"Property"means collectively the Red Property and the Personal Properly. Real Property. The words"Real Property"mean the real property,interests and rights,as further described in this Deed of Trust. Rotated Documents. The wards "Related Documents" mean all promissory notes, credit agreements, loan agreements, security agreements, mortgages, deeds of trust, se'unty deeds. Collateral mortgages, and all ether 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 hereafler 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 word'Trustee" means Pioneer Title Company of Ada County,whose address is 8151 West Rifleman Street, Boise, It] 83704 and any subsGtule or successor trustees. EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRYST,AND EACH GRANTOR AGREES TO ITS TERMS. GRANTOR: x x we C Ed and J.McNeil%Indlvld 13gy Von Zao MCNe , dividual y TEN MILE INVESTMEN-TS-LLC ] E war J mas McNolls Member of Tan Mlle Van Zae €oar cNelfs, Member of Ten Mile investments,LLC Investments, LC -y INDIVIDUAL ACKNOWLEDGMENT STATE OF r"(Is to h-4 } }Ss COUNTY of d�— 1 This record was aCkngA}riCt'[o��ll9ydn 20-L-1—by and J. McNelis and Von 2aa MCNolls. ��� ■N■■■r■h •�4 4OTA!{y;s''� " • �.. �f�Ut lC Notary Publc In a f r the State of (1�A o r• ••■q r■•• ��i My commi5sivn exp' a __71 �3 e�-� OF �' �p�- LIMITED LIABILITY COMPANY ACKNOWLEDGMENT STATE OF .�L ` 6 } }as COUNTY OF _ } This record was acknowledged before me on � r 20 ' r by Edward James McNelis,Member of Tan Mile investments,LLC,an Idaho Llndted Liatil Company and Von Zae Rider McNelis,Member of Tert Mile Inv manta LLC,an Idaho Limited Lleb€€ity Company,and Ten Mile Investments,LLC,an Idaho Limited Liability Company,Is the maker of the fore v g re/�o�rd. f :��TA ' Notary Public In an r the State of R� s ']� 31�Dor•� !r• . � My vommisalan a res ;n UgLIC i :;s Ab ''•+44 arr+■■+++ '2405Q029Q 51p3f}O QD00000QG 01 DEED OF TRUST Loan No: 2405002965103 (Continued) Page 9 REQUEST FOR FULL RECONVEYANCE (To be used only when obligations nave been paid in full) To: _ .Trustee The undersigned is the legal Owner and holder of all Indebtedness seCuf£d by this Deed of Trust- All slums secured by this Reed of Trust have been fully paid and salisfred- 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,wllhout warranty,to the partles designated by the terms of this Deed of Trust,the estate now held by you under this Deed of Trust. Please maa the reeonveyanCe and Related Documents to: Date: Beneficiary: By: Its: LaserPro.Ver.19.3.0.038 Color.Finastra USA Corporation f 997,2019. All Rights Reserved. -ID g:1CFIiLPL%60I-FC TR-5D02965 PR-14 ETT Planning Division IDIA `� �' HEARING APPLICATION D A�i t3 Type of Review Requested Hearing File number: H-2020-0125 Assigned Planner: Alan Tiefenbach Related Files: Applicant Information Applicantname: JERROD WALLGREN, JGT ARCHITECTURE Phone: 208-463-9295 Applicant address: 1212 12TH AVENUE SOUTH, NAMPA, ID 83651 Email: jwallgren@jgt-architecture.com Ownername: EDWARD MCNELIS, TEN MILE INVESTMENTS, LLC Phone: Fax: Owneraddress: 621 N ROBINSON BLVD., NAMPA, ID 83687 Email: Agent name(e.g.architect,engineer,developer,representative): JERROD WALLGREN Firmname: JGT ARCHITECTURE Phone: 2084639295 Fax: Address: 2920 E. LOON CREEK ST. Email: jwallgren@jgt-architecture.com Contact name: Phone: Fax: Contact address: Email: Subject Property Information Location/street address: 3285 W NELIS DR Assessor's parcel number(s): R5629430011 Township,range,section: 4 N 1 W 34 Project Description Project/Application Name: Human Bean - CUP Description of work: 500 square foot coffee shop for drive through and walk up. Detailed description in attached narrative. 33 E Broadway Avenue,Suite 102 • Meridian,Idaho 83642 Phone:(208)884-5533 • Facsimile:(208)888-6854 • Website:www.meridaincity.org 1 33 E Broadway Avenue,Suite 102 • Meridian,Idaho 83642 Phone:(208)884-5533 • Facsimile:(208)888-6854 • Website:www.meridaincity.org 2 Application Information APPLICATION TYPES Alternative Compliance-ALT: UNCHECKED Annexation and Zoning-AZ: UNCHECKED Comprehensive Plan Map Amendment-CPAM: UNCHECKED Comprehensive Plan Text Amendment-CPAT: UNCHECKED Conditional Use Permit-CUP: CHECKED Design Review-DR: UNCHECKED Development Agreement Modification-MDA: UNCHECKED Planned Unit Development-PUD: UNCHECKED Preliminary Plat-PP: UNCHECKED Preliminary Final Plat-PFP: UNCHECKED Private Street-PS: UNCHECKED Rezone-RZ: UNCHECKED Vacation-VAC: UNCHECKED ADDRESS VERIFICATION Address Verification Permit Number: LDAV-2020-0658 TYPE OF USE PROPOSED Residential: UNCHECKED Office: UNCHECKED Commercial: CHECKED Employment: UNCHECKED Industrial: UNCHECKED Single-Family Detached: UNCHECKED Single-Family Attached: UNCHECKED Townhouse: UNCHECKED Duplex: UNCHECKED Multi-Family: UNCHECKED Vertically Integrated: UNCHECKED PROPERTY INFORMATION General Location: Ustick and Ten Mile area Current Land Use: C-G Total Acreage: .586 Traffic Study Required per ACHD: No ZONING DISTRICT(S) R-2: UNCHECKED R-4: UNCHECKED R-8: UNCHECKED R-15: UNCHECKED R-40: UNCHECKED 33 E Broadway Avenue,Suite 102 Meridian,Idaho 83642 Phone:(208)884-5533 • Facsimile:(208)888-6854 • Website:www.meridaincity.org 3 33 E Broadway Avenue,Suite 102 • Meridian,Idaho 83642 Phone:(208)884-5533 • Facsimile:(208)888-6854 • Website:www.meridaincity.org 4 C-N: UNCHECKED C-C: UNCHECKED C-G: UNCHECKED L-O: UNCHECKED M-E: UNCHECKED H-E: UNCHECKED I-L: UNCHECKED I-H: UNCHECKED O-T: UNCHECKED TN-C: UNCHECKED TN-R: UNCHECKED County: UNCHECKED FLUM DESIGNATION(S) Low Density Residential: UNCHECKED Medium Density Residential: CHECKED Medium-High Density Residential: UNCHECKED High Density Residential: UNCHECKED Commercial: UNCHECKED Office: UNCHECKED Industrial: UNCHECKED Civic: UNCHECKED Green Space Parks,Pathways,and Open Space: UNCHECKED Old Town: UNCHECKED Mixed Use Neighborhood: UNCHECKED Mixed Use Neighborhood with N.C.: UNCHECKED Mixed Use Community: UNCHECKED Mixed Use Community with N.C.: UNCHECKED Mixed Use Regional: UNCHECKED Mixed Use Non-Residential: UNCHECKED Mixed Use Interchange: UNCHECKED Low Density Employment: UNCHECKED High Density Employment: UNCHECKED Mixed Employment: UNCHECKED Mixed Use Residential: UNCHECKED Mixed Use Commercial: UNCHECKED Lifestyle Center: UNCHECKED PROJECT INFORMATION Site Plan Date(MM/DD/YYYY): 12/16/20 Landscape Plan Date(MM/DD/YYYY): 12/16/20 Elevations Date(MM/DD/YYYY): 12/16/20 Percentage of Site Devoted to Building: 2 33 E Broadway Avenue,Suite 102 Meridian,Idaho 83642 Phone:(208)884-5533 • Facsimile:(208)888-6854 • Website:www.meridaincity.org 5 33 E Broadway Avenue,Suite 102 • Meridian,Idaho 83642 Phone:(208)884-5533 • Facsimile:(208)888-6854 • Website:www.meridaincity.org 6 Percentage of Site Devoted to Landscaping: 54 Percentage of Site Devoted to Paving: 43 Who will own and Maintain the Pressurized Irrigation System in this Development: Unknown at this time Primary Irrigation Source: Existing P.I. Secondary Irrigation Source: city water If req'd Proposed Building Height: 22'-1" Gross Floor Area Proposed: 488 Hours of operation(Days and Hours): 5am - 10pm 7 days per week Number of Standard Parking Spaces Provided: 5 Number of Compact Parking Spaces Provided: 0 Number of Residential Units: 0 Minimum Square Footage of Living Area(Excluding Garage): 0 What was the date of your pre-application meeting?: 10/27/2020 What was the date of your neighborhood meeting?: 12/10/2020 PROPERTY POSTING I agree to comply with the Commitment of Property Posting regulations per UDC II- CHECKED 5A-6D: AZ/RZ ONLY R-2: UNCHECKED R-4: UNCHECKED R-8: UNCHECKED R-15: UNCHECKED R-40: UNCHECKED C-N: UNCHECKED C-C: UNCHECKED C-G: UNCHECKED L-o: UNCHECKED M-E: UNCHECKED H-E: UNCHECKED UNCHECKED UNCHECKED O-T: UNCHECKED TN-C: UNCHECKED TN-R: UNCHECKED PROPOSED FLUM DESIGNATION(S) Low Density Residential: UNCHECKED Medium Density Residential: UNCHECKED Medium-High Density Residential: UNCHECKED High Density Residential: UNCHECKED Commercial: UNCHECKED Office: UNCHECKED 33 E Broadway Avenue,Suite 102 Meridian,Idaho 83642 Phone:(208)884-5533 • Facsimile:(208)888-6854 • Website:www.meridaincity.org 7 33 E Broadway Avenue,Suite 102 • Meridian,Idaho 83642 Phone:(208)884-5533 • Facsimile:(208)888-6854 • Website:www.meridaincity.org 8 Industrial: UNCHECKED Civic: UNCHECKED Green Space Parks,Pathways,and Open Space: UNCHECKED Old Town: UNCHECKED Mixed Use Neighborhood: UNCHECKED Mixed Use Neighborhood with N.C.: UNCHECKED Mixed Use Community: UNCHECKED Mixed Use Community with N.C.: UNCHECKED Mixed Use Regional: UNCHECKED Mixed Use Non-Residential: UNCHECKED Mixed Use Interchange: UNCHECKED Low Density Employment: UNCHECKED High Density Employment: UNCHECKED Mixed Employment: UNCHECKED Mixed Use Residential: UNCHECKED Mixed Use Commercial: UNCHECKED Lifestyle Center: UNCHECKED QUALIFYING OPEN SPACE Open Grassy Area(min.50'x 100'): UNCHECKED Community Garden: UNCHECKED Ponds or Water Features: UNCHECKED Plaza(s): UNCHECKED Additions to Public Park: UNCHECKED Collector Street Buffer(s): UNCHECKED Arterial Street Buffer(s): UNCHECKED Parkways: UNCHECKED 10'Parkway Along Arterials: UNCHECKED Stormwater Detention Facilities: UNCHECKED Open Water Ponds: UNCHECKED QUALIFYING SITE AMENITIES Clubhouse: UNCHECKED Fitness Facilities: UNCHECKED Enclosed Bike Storage: UNCHECKED Public Art: UNCHECKED Picnic Area: UNCHECKED Additional5%Open Space: UNCHECKED Communication Infrastructure: UNCHECKED Dog Owner Facilities: UNCHECKED Neighborhood Business Center: UNCHECKED Swimming Pool: UNCHECKED Children's Play Structure: UNCHECKED 33 E Broadway Avenue,Suite 102 Meridian,Idaho 83642 Phone:(208)884-5533 • Facsimile:(208)888-6854 • Website:www.meridaincity.org 9 33 E Broadway Avenue,Suite 102 • Meridian,Idaho 83642 Phone:(208)884-5533 • Facsimile:(208)888-6854 • Website:www.meridaincity.org 10 Sports Courts: UNCHECKED Pedestrian or Bicycle Circulation System: UNCHECKED Transit Stop: UNCHECKED Park and Ride Lot: UNCHECKED Walking Trails: UNCHECKED Open Grassy Area(min.50'x 100')-Multi-Family: UNCHECKED APPLICATION DISCLAIMER I have read and accept the above terms: CHECKED Your signature: Jerrod P. Wallgren MISC Is new record: No 33 E Broadway Avenue,Suite 102 • Meridian,Idaho 83642 Phone:(208)884-5533 • Facsimile:(208)888-6854 • Website:www.meridaincity.org 11 33 E Broadway Avenue,Suite 102 • Meridian,Idaho 83642 Phone:(208)884-5533 • Facsimile:(208)888-6854 • Website:www.meridaincity.org 12