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Application Charlene Way From:clerk@meridiancity.org Sent:Friday, March 26, 2021 4:10 PM To:Charlene Way Subject:Development Application Transmittals- Vault CUP H-2021-0017 To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. Development Application Transmittal Link to Project Application: Vault CUP H-2021-0017 Hearing Date: May 6th 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, City Clerk’s Office 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: 208.888.4433|Email: cityclerk@meridiancity.org To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. 1 Hearing Date: May 6, 2021 Planner: Alan File No.: CUP H-2021-0017 Project Name: The Vault Request: Conditional Use to allow Drinking Establishment, by Joshua Evarts. Location: The site is located at 140 E. Idaho Ave, in Section 7, Township 3N, Range 1E. Planning Division I E DIA �1T-�' HEARING APPLICATION DAAO Type of Review Requested Hearing Filenumber: H-2021-0017 Assigned Planner: Alan Tiefenbach Related Files: Applicant Information Applicantname: JOSHUA EVARTS Phone: 2086319229 Applicant address: 303 ESTATE AVE, MERIDIAN, ID 83642 Email: joshevarts@me.com Ownernamc: JOSHUA EVARTS, NOVEMBREWHISKY PROPERTIES, LLC Phone: 2086319229 Fax: 77 E IDAHO AVE, STE 300, MERIDIAN, ID Owner address: 83642 Email: Joshevarts@gmail.com Agent name(e.g.architect,engineer,developer,representative): JOSHUA EVARTS Finn name: Phone: 2086319229 Fax: Address: 303 E STATE AVE Email: joshevarts@me.com Contactname: JOSHUA EVARTS Phone: 2086319229 Fax: Contact address: 303 E STATE AVE Email: joshevarts@me.com Subject Property Information Location/streetaddress: 140 E IDAHO AVE Assessor's parcel number(s). R5672000770 Township,range,section: 3N 1 E7 Project Description Project/ApplicationName: Vault- CUP Description of Work: CUP for a drinking establishment. 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 Is this application exempt from fees?: No Conditional Use Permit-CUP: CHECKED ADDRESS VERIFICATION Address Verification Permit Number: LDAV-2021-0151 TYPE OF USE PROPOSED Commercial: CHECKED PROPERTY INFORMATION General Location: 2nd and Idaho Ave (Old Town) Current Land Use: Historic Building Total Acreage: .05 Prior Approvals(File Numbers): A-2017-0216 ZONING DISTRICT(S) O-T: CHECKED PROJECT INFORMATION Site Plan Date(MM/DD/YYYY): 03/18/2021 Landscape Plan Date(MM/DD/YYYY): 03/18/2021 Elevations Date(MM/DD/YYYY): 03/18/2021 Who will own and Maintain the Pressurized Irrigation System in this Development: N/A Irrigation District: N/A Primary Irrigation Source: N/A Secondary Irrigation Source: N/A Square Footage of Landscaped Areas to be Irrigated by City Water Connection: N/A Proposed Building Height: N/A Number of Standard Parking Spaces Provided: N/A Number of Compact Parking Spaces Provided: N/A Number of Residential Units: N/A Minimum Square Footage of Living Area(Excluding Garage): N/A Gross Density: N/A Net Density: N/A What was the date of your pre-application meeting?: 03/18/2021 What was the date of your neighborhood meeting?: 03/18/2021 PROPERTY POSTING I agree to comply with the Commitment of Property Posting regulations per UDC 11- CHECKED 5A-6D: TIME EXTENSION INFORMATION Number of months extension: 24 APPLICATION DISCLAIMER I have read and accept the above terms: CHECKED 33 E Broadway Avenue,Suite 102 • Meridian,Idaho 83642 Phone:(208)884-5533 • Facsimile:(208)888-6854 • Website:www.meridaincity.org 3 Your signature: Joshua EVarts MISC Is new record: Y 33 E Broadway Avenue,Suite 102 • Meridian,Idaho 83642 Phone:(208)884-5533 • Facsimile:(208)888-6854 • Website:www.meridaincity.org 5 Lori and I are seeking a conditional use permit to allow us to move from strictly beer/wine sales to full liquor sales at the Vault. We were able to secure the liquor license from the former 127 Club owners. We have successfully transferred that license through the State and Ada County to date to us. Our operating hours would increase to support more economic development in Old Town Meridian to the following: Monday—Thursday 12-9pm Friday 12-11pm Saturday 10-11pm CITY OF MERIDIAN PRE-APPLICATION MEETING NOTES Project/Subdivision Name: The Vault Date: Nov. 10, 2020 Applicant(s)/Contact(s): Joshua Evarts City Staff: Caleb, Bill N., Kenny B. Bill P., Ashley, Steve, Joshua Location: 140 E. Idaho Ave. Size of Property: .05 acres Comprehensive Plan FLUM Designation: Old Town Existing Use: Retail Sales,with beer and wine ancillary sales Existing Zoning: 0-T Proposed Use: Drinking Establishment Proposed Zoning: - Surrounding Uses: Office, Retail,Arts&Entertainment, Quasi-Public Street Buffer(s)and/or Land Use Buffer(s): NA Open Space/Amenities/Pathways: NA Access/Stub Streets: NA Waterways/Flood plai n/Topog ra phy/H azards: NA History: Historic building. In 2017 a CZCU was issued for current use, Retail Sales w/ancillary beer and wine servings. Additional Meeting Notes: No building or site changes proposed. CUP required for a Drinking Establishment(liquor sales)(UDC Table 11-2D-2) CUP approval process takes approximately 3-4 months after a complete application submitted for processing. CUP fee is$1,369 See UDC 11-4-3-10 for specific use standards. See Idaho Code,Title 23, Chapter 9(23-913)—Council must approve liquor license. Note:A Traffic Impact Study(TIS) will be required by ACHD for large commercial projects and any residential development with over 100 units. To avoid unnecessary delays&expedite the hearing process, applicants are encouraged to submit the TIS to ACHD prior to submitting their application to the City. Not having ACHD comments and/or conditions on large projects may delay hearing(s)at the City. Please contact Mindy Wallace at 387- 6178 or Christy Little at 387-6144 at ACHD for information in regard to a TIS, conditions, impact fees and process. Other Agencies/Departments to Contact: ❑ Ada County Highway Dist. (ACHD) ❑ Nampa Meridian Irrigation Dist. (NMID) ❑ Public Works Department ❑ Idaho Transportation Dept. (ITD) ❑ Settler's Irrigation District ❑ Building Department ❑ Republic Services ❑ Police Department ❑ Parks Department ❑ Central District Health Department ❑ Fire Department ® Other:ABC Application(s) Required: ❑ Administrative Design Review ❑ Conditional Use Permit Modification/Transfer ❑ Rezone ❑ Alternative Compliance ❑ Development Agreement Modification ❑ Short Plat ❑ Annexation ❑ Final Plat ❑ Time Extension—Council ❑ City Council Review ❑ Final Plat Modification ❑ UDC Text Amendment ❑ Comprehensive Plan Amendment—Map ❑ Planned Unit Development ❑ Vacation ❑ Comprehensive Plan Amendment—Text ❑ Preliminary Plat ❑ Variance ® Conditional Use Permit ❑ Private Street ❑ Other Notes: 1)Applicants are required to hold a neighborhood meeting in accord with UDC 11-5A-5C prior to submittal of an application requiring a public hearing(except for a vacation or short plat);and 2)All applicants for permits requiring a public hearing shall post the site with a public hearing notice in accord with UDC 11-5A-5D.3(except for UDC text amendments, Comp Plan text amendments, and vacations). The information provided during this meeting is based on current UDC requirements and the Comprehensive Plan.Any subsequent changes to the UDC and/or Comp Plan may affect your submittal and/or application. This pre-application meeting shall be valid for four(4)months. October 14, 2020 RE: The Vault, Conditional Use Permit Neighborhood Meeting Dear Neighbors, As required by Meridian law, my wife and I are required to hold a public meeting for our neighbors regarding our submission for a Conditional Use Permit to hold a Liquor license at our Cigar Lounge in Old Town. This public meeting will be held at the Vault on: October 22, 2020 at 6PM MST The Vault 140 E Idaho Ave Meridian, ID 83642 As background, we have held a beer and wine license for our location for over 2.5 years. We are NOT a bar. Our patrons enjoying having a drink with their cigar, and we have had zero reports of abuse or issues with Meridian Police Department in the time we have been open. Our commitment is to CONTINUE to be a responsible partner and investor in Old Town Meridian. Please attend the meeting next Thursday if you have any questions. We did attempt to hold this meeting in April, but due to COVID, we were limited in attendance. If you cannot make this meeting, please email me any concerns or support for this. josh@vault1905.com. I am also available by phone at: 208-631-9229. Sincerely, Joshua Evarts, Managing Partner The Vault 140 E Idaho Ave Meridian, ID 83642 Move to... ■ 0 10 Scott Haxton E) �nbox - vauitI905 October 19, 2020 at 11 : 16 AM The Vault CUP =� To: josh@vau1t1965.com Josh , will not be attending the meeting , however I support your obtaining of a liquor license at The Vault, 140 E . Idaho. Scott Haxton owner: 124 E . Idaho Ave. � St ott H xfon , MAI ElPVvifltW3 V* - 'Ut ItK3n to a 5r-W- PW1CV VAI - UATOR N ki L k14 T 208 .861 . 7135 valuatorclub.Cam scatt Ova luatorclub.eom I Move to... Chris Pecoraro 8 Inbox - VauIt1905 October 19, 2020 at 4=49 PM ■ Neighborhood Meeting To: josh@vaultl905.cam Hello Josh , received your letter regarding the liquor permit at The Vault. I am actually a customer and neighbor. I own Pine Business Center located at the corner of Pine & 2 ND . I support your having a permit and will gladly shave up for your neighborhood meeting if it is helpful to you . I could probably bring a couple of friends along that enjoy your establishment if that would be helpful . Let me know and we can plan accordingly. Best, Chris Pecoraro , President The Parking Consultants , Inc . 372 South Eagle Road , Suite 333 Eagle , Idaho 83616 P. (208) 939-PARK (7275) ext. 102 M . (208) 695-8511 E. Chris@theparkingConsultants.cam www.theparki ng nsultants.cam CONFIDENTIALITY NOTICE .- The information contained in this electronic message and any attachments are confidential and'. intended only for the use of the intended recipients} , and may contain information that is privileged and/or exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this information, or use of the information contained herein (including any reliance thereon) , is strictly prohibited . If you received this communication in error, please notify us immediately and destroy the material in its entirety, whether in electronic or hard copy format. All personal messages express views solely of the sender, which are not to be attributed to The Parking Consultants, Inc. Move to.. . carmenbasatone B Inbox - Vault1905 October 16, 2020 at 6 : 58 PM Hi Josh To: josh@vaultl905.cam Hi Josh , Carmen and I are staying home due to our ages and health conditions, but we support your request for the liquor license. You have been a champion for downtown Meridian with great responsibility. Stay well and safe. � Best wishes always, Carmen and Dan Basalone Pr I I I I Move to .. . 4DHoward Foley M Inbox - UauIt1905 October 17, 2020 at 3 :04 PM CUP at Cigar Lounge. To: josh@vaultl905.com Josh just to let you knew Tere and I will not oppose your CUP and which you well . I heard a rumor of some illness for you - hope that is not the case or short lived. Howard ( 815 Main Street) Move to.. . Gretchen Caserotti e inbax - Vauit1905 October 20, 2020 at 11 -74 AM � Conditional Use Permit Public Comment � To: josh@vaultl905.com Hello Josh, Thank you for the notice letter about the Vault's application for a liquor license permit. The Meridian Library District has no abjection to your application. We know you t4 be a responsible business owner who contributes a great deal to the economic health of our downtown. The library looks forward to working with you and your team at The Vault. Sincerely, Gretchen Caseratti � Gretchen Caserotti Library Director 208.888. 4451 x1 226 1 MLD.org � Facebaak I Twitter 1 Instagram � eo meridian � via* library- district Notice: All communication transmitted within the Meridian Library District (MLD) Email system may 6e a public record and may be subject to disclosure under the Idaho Public Records Act (Idaho Code 74-102 et seq.} and as such may 6e copies' and reproduced by members of the public. LICENSED ARCHITECT AR-1888 5LAINE O. J NSTON '■ STATE OF IDAHO r 02 FE5 21 O z Lu Iry } moo z w 0 O + O Lu (]I Z - z -z z I QUaoQCO I I m �a \Q F- as NO. REVISION/ISSUE DATE (V IL UaO �I =3 z 151TE I= LAN Z U Lu Q Lu Lu xX � Lu LEGAL DESCRIPTION � PARCEL: R5612000ll0 ZONE CODE: O-T APP 5y: DATE TOTAL ACRES: 0. 050 5OJ e2 FE5 21 SCOPE OF WORK INSTRUMENT NUM5ER: DESIGN 51': DATA 201 �09��98 �oJ 02 �� 21 INSTALL A NEW 32 X 19 CONCRETE SLAB PROPERTY DESCRIPTION: STRUCTURAL STEEL PERGOLA , M RAILING D I E 2 V OF LOT 1 V 5 LK 5 FILE NAME METAL RA L NCB AROUND EXTERIOR OF PERGOLA 2020-96.DWG MERIDIAN TOWNSITE PROJECT ID 2020-06 1 4 V E. I D A H O SCALE • MERIDIAN, ID General Notes LICENSED ARCHITECT AR-1888 vtlol U/.L'... 5LAINE O. JOHNSTON STATE OF IDAHO 02FE521 O U PROTECT (o -4a , LU cq Q RETAIN EXIST CAS METER 4 -0 ASSEM51-Y = z ADJACENT BUILDING PROJECT O U L z O (—WORK AREA LU i Z Z (� (P G GAS GAS GAS GAS GAS GA U O r rn LO J QC u1 -5 i l rn rn (� SAW CUT rn �, / REMOVE z t9 O EXIST D ASPHALT -n SURFACE NO. REVISION/ISSUE DATE rn rn ` Z rn D (, E tp D � � r 0 1 /2" 32'-0j' Z � O QL Q QQ O O UaOU Z - z } �u LU NE. 2ND ST. LUX 0 LU Pui � AFF 5y: DATE 5UILDING LANo BOJ 02 FE5 21 DESIGN 5Y: DATE 501 02 FEB 21 FILE NAME 2020-06.DWG PROJECT ID 2020-09-0 SCALE 1/4 0�� General Notes LICENSED ARCHITECT AR-I 888 BLAINE O. JOHNSTON STATE OF IDAI-10 ELEV FIN FLOOR � 02 FE5 21 100.00 I � O u ' z u..i � 0 o } � 2 -8 u� m � ND z � � - � J � O � � Q ,ZI OLU � Qz �-- ❑ ❑ Lu Z Q ly c') Lu 0 CD < ;�i Y- al NO. REVISION/ISSUE DATE CONCRETE SLA5 (SEE STRUCTURAL I DWG5) cv cfl ELEV FIN FLOOR r[E::] ❑ 100.01 (0(01, � Q vaOLl iQC � z } LQ ua X ua ❑ ❑ APP 5y: DATE BOJ 02 FE5 21 DESIGN 5Y: DATE 501 e2 FEB 21 FILE NAME D 2020-0(o.DWG PROJECT ID 2e2O-O(o i-f1zION SCALEe2 CONCRETE SLA15 PLAN 3i8 1 -e General Notes LICENSED ARCHITECT AR-1888 REPLACE EXIST /L.-- 34a&8 H. M. DOOR WITH 5LAINE O. JOHNSTON NEW DOOR WITH STATE OF IDAHO 18" X 24" GLASS e2 FE5 21 J � O u ' z o } � 2 8 \D u� m � z Lu ua O O LU n ❑ 3 METAL CRATE ❑ z 1 z Q00 z 1 fro ro A Lu CD < \Q Y- al D METAL RAILING` D NO. REVISION/ISSUE DATE D I CV CONCRETE SLA5 C ❑ D � O I � Q \D vaOLl i-- : _ D Uj -- 0 ua �-- w ❑ METAL RAILING > El AFF 5y: DATE BOJ 02 FEB 21 D DESIGN 5Y: DATE D BOJ 02 FEB 21 FILE NAME D 2020-0(o.DWG PROJECT ID 2020-06 i-f1zION SCALE FLOOR PLAN 3/8 1 -0 General Notes LICENSED ARCHITECT AR-1888 /L.-- 5LAINE O. JOHNSTON STATE OF IDAHO 02FE521 O u z u..i � 0 o } � \ z Lu Lu OLUQz �-- z z � zQ � � O OE Q CD < ;�i TL al 09 zoo�OEZ NO. REVISION/ISSUE DATE N ND MIN \ Q O � a0 �1 i QC z } LuLu X � Lu Lu APP 5y: DATE STRUCTURAL STEEL OUTLINE FA5RIC 501 02 FEB 21 PERGOLA AWNING DESIGN 5Y: DATE BOJ 02 FEB 21 FILE NAME NOTE: STRUCTURAL STEEL 2020-96.DWG PERGOLA PROJECT ID 202O-0-o 5CALE: 04 General Notes LICENSED ARCHITECT AR-I 888 OL-0— 5LAINE O. JOHNSTON STATE OF IDAHO 02 FE5 21 O u O O z � � o z u� 0 �C NORTH ELEVATION (5UILDING) z O Q Z z zQ z Q � O ADJACENT BLDG FAIBRIC AWNING NO. REVISION/ISSUE DATE Li iL M ` w �I I I cal cal z (V (V O .4 Q Q � Q � O � � va0 �l 3 z NORTH ELEVATION EA5T ELEVATION LLi Q xLU 1-- 0LU �- LU TL APP 5y: DATE BOJ 02 FEB 21 DESIGN 5Y: DATE BOJ 02 FEB 21 PERGOLA ELEVATIONS FILENAME: 2020-0(o.DWG PROJECT ID 2020-0>'O SCALE • [[�� p $g, {jj{ ADA GOUNTY RECORDER Christopher D Rich 2015 094798 PM Pioneefflt eCo. PIONEER 1TLFr0VPANvOFADACOUNTY �011312f3'f5[14:5 600 E01N6 ttraifp 1414 West Bannock Street Boise.ID 33701 ELECTRONICALLY RECORDED-DO NOT REMOVE THE COUNTY STAMPED FIRST PAGE AS IT IS NOW INCORPORATED A5 PART OF THE ORIGINAL DOCUMENT Pile No.579675 1B/MA WARRA-TY DEED For Value Rcccived Gregory Kid,Bilton and Sheila E11m Bitton(torincrly knowli as Sheila Ulen Kildow)husband and wife hereinafter refencd to as Grantor.does hereby grant.bargain.sell,warrant ruld Convey(mto \avembrewhiskv Properties,l.l.C,an JdRdio limited partnership hereinafter ruferred to as Grantee,whose currcm address is 2t)92-Movlrt Str"t'vleri<linn,JD 93640 The following dcsnribcd premises,to-wit: The 1:w;t twomv feet of Lot 10 in Block 5 of Meridian Iownsite,necordirl to',he amcndcd lilac thereof filed in Book l of lints.at Paec 30_recorcls al'Ada County_Idaho TO HAVEAND TO I IOLD the said premises,With heir appurtenances unto the said Granlee(5),and Grantees(s)heirs and assigns forever. And the said Grantor(s)does(do)hereby covenant to and with the said Grantee(s),the Grantor(s) islai-C the owner(s) in fee snnpfc of said prcmises;that said premises arc free from al!enctnnbrtinees EXUTT those to}vhich this convcyanot is expressly made subject and those made:, suffered or done by the Grantcc(s); and sti jcct to UJ S. V<trent reservations, restrictions, dedications,easements_ritihts Of tvay Wid agrccmcnts.(if and)of record,and current vearc taxes,levies. and assessments, inciudes irrigation and urflit_v assessments_(if anv)which ire not yet due and payable, anti That Grantor(s)will warrant and defend the s:uno fi-om all lawful claims whatsoever. Dated:rOctaber 9, -11 1C — 1 t Gregory 6i1 ' _ Sheila Ellcli Batton - State of IDAI-IO.County of ADA On this 9th day of Octohcr in the year of 2015.before Inc,lanut I..Blosch.a lvetar�,Public in and far rry said Stale,personally appeared Oury Kirk Bitton:tad Sheila Eflcn Bitton known ar identified to me to be 6c persons whose m rocs are subscribed 10 the within in.lrc11100t.and acknowledged to ale that tllc:v exccutarl the same, 90C "'r�G+d+ r•CSC �Janet L.f3I'oscll Resldingat:Boise.Idaho p peg aC,I Commission Expires:03/17/2017 14 , `docanoabs 'a 4��9�litl83t7C5 ADA COON-Y RECORDER Christopher D Rich 2 01 8-0943 30 RECORDATION REQUESTED BY: BOISE IDAHC Fgs-6 LISA 3A lI 101o412a18 a2:3g PM IDAHO INDEPENDENT BANK TI7LEOAIE dOl9£ $45 WMERIDIAN OFFICE 113 EAST OAHO AVENUE MERIDIAN,ID 83642 WHEN RECORDED MAIL TO: IDAHO INDEPENDENT BANK MERIDIAN OFFICE 113 EAST IDAHO AVENUE MERIDIAN,ID 33642 SEND TAX NOTICES TO: IDAHO INDEPENDENT BANK MERIDIAN OFFICE 113 EAST IDAHO AVENUE MEl lAN ID 83642 SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY DEED OF TRUST THIS DEED OF TRUST is dated October 3, 2018. among NOVEMBREWHISKY PROPERTIES, LLC, AN IDAHO LIMITED LIABILITY COMPANY, whose address is 6727 W USTICK RD, BOISE, ;D 83704 ("Grantor"); IDAHO INDEPENDENT BANK, whose address is MERIDIAN OFFICE, 113 EAST IDAHO AVENUE, MERIDIAN, ID 83642 (referred to below sometimes as "Lender" and sometimes as IT and TITLEONE CORPORATION, whose address is 1101 W RIVER ST STE 201, BOISE,ID 83702(referred to below as"Trustee"}, CONVEYANCE AND GRANT. For valuable consideration,Grantor does hereby irrevocably grant,bargain,self and convey in trust,with power of sale.to Trustee for the benefit of Lender as Benefrciary,all of Grants's right.title,and interest in and to the following described real property, togil with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances;at water,water rights and ditch rights(including stock in utilities with ditch or irrigation rightsli and all other rights,royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the 'Real Property"M located in ADA County,State of Idaho: THE EAST 20 FEET OF LOT 10 IN BLOCK 5 OF MERIDIAN TOWNSITE, ACCORDING TO THE OFFICIAL PLAT THEREOF, FILED IN BOOK 1 OF PLATS AT PAGE 30. OFFIGIAL RECORDS OF ADA COUNTY,IDAHO The Real Property or its address is commonly known as 140 E IDAHO AVE.MERIDIAN,ID 83642. CROSS-COLLATERAL17ATION. In addition to the Nate,this Deed of Trust secures all obligations,debts and liabilities,plus interest Thereon,of Grantor to Lender,or any one or more of them, as wo6 as all claims by Lender agalil Grantor or any one or more of them, whethsr now existing or hereafter arising,whether related or unrelated to the purpose of the Note,whether vti or otherwise,whether due or not due, direct or indirect,determined or undatermined, absolute or contingent,riguidated or unlig6datcd,whether Grantor may be liable Individually or jointly with others,whether obligated as guarantor,surety,accommodation party or otherwise,and whether recovery upon such amounu may be or hereafter may become barred by any sTatute of limitations,and whether the oblieation to repay such amounts may be or hereafter may become otherwise unenforceable. Grantor presently ass;gnn to Lender false known as Beneficiary in this Deed of Trusts all of Grantor's right,ii Ile,and interest in and to all present and future leases of tfrc Property and all Rents from the Property_ In addition,Grantor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. THIS DEED OF TRUST,INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND IB) PERFORMANCE OF ANY AND ALL 08LIGATSONS UNDER THE NOTE, THE RELATED DOCUMENTS,AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust.Grantor shall pay to Lender all amounts secured by this Deed of Trust as they become due,and shall strictly and in a timely manner perform all cif Grantor's obligations under the Note,this Deed of Trust,and the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shaft be govemed by the foilowing provisions: Possession and Use. Jrrtil the occurrence of an Event of Default.Grantor may 11) 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 Properly or to other limltations on the Property. THE REAL PROPERTY IS NOT MORE THAN EIGHTY (80) ACRES AND IS NOT PRiNCEPALLY USED FOR THE AGRICULTURAL PRODUCTION OF CROPS, LIVESTOCK, DA'RY OR AQUATIC GOODS, OR IS NOT MORE THAN FORTY 140)ACRES REGARDLESS OP USE,OF IS LOCATED WITHEN AN INCORPORATED C(Ty I7R VILLAGE. Duty to Maintain. Granter shad maintain the Property in tenantable condition and promntly perform all repairs, replacements, and maintenance necessary to preserve its Value. Compliance With Environmental Laws- Grantor represents and warrants Io Lender that: (11 During the period of Grantor's ownership of the Property,there has been no use,generation,manufacture,storage,treatment,disposal,release or threatened release of any Hazardous Substance by any person on,under,about or frorn the Property; 121 Grantor has no knowledge of,or reason to believe that there has been,except as previously disclosed to and acknowledged by tender in writing, (a) any breach or violation of any Environmental Laws, ibl any use,generatica,manufacture,storage,treatment,disposal,release or Threatened release at any Hazardous Substance bn.urder, about or trom 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 l3) Except as previously disclosed to and acknowledged by Lender in writing, {al neither Grantor nor any tenant,contractor,agent or ether authorized user of the Property shag use,generate,manufacture,store,Treat,dispose of or release any Hazardous Substance on,Under,about or from the Property;and tbi any such activity shall be conducted in compliance with all applicable federal,state,and local laws,regulations and ordinances,including without Ifmitatlun all€nvironmen l Laws. Grantor authorizes Lander and its agents to enter upon the Property To make such Inspections and tests,at Grantor's expense,as Lender may deem appropriate to determine compliance of the Property with this section of the Deed of Trust_ Any inspections or tests made by Lender shall be for Lender's purposes only and shaft not be consirded to create any responsibiiPty or liability on the part or Lender to Grantor or to any other parser,. The representations and warranties contained herein are based on Granter's oue diligence in investigating the Property for Hazardous Substances. Granter hereby ill releases and waives any future claims against Lender for indemnity or contribution in the event Grantor become$liable for cleanup or other casts 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 wnicn"ut:nder 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, manufactcre, storage, disposal,release of threatened release occurring prior to Grantor's ownership or interest in the Property,wri"her or not the same was or should have been known to Grantor. The previsions Cif ihi.S section of the Deed of Truer,including the obligation to indemnify and defend, shall survive the payment of the Indebtedness and the satisftictign and reconveryance oP the lien of this Deed of Trust and shall not be effected by Lender`s acquisition of any interest in the Property,whether by fnreciosure or otherwise, Nuisance.Waste. Grantor shall not cause,conduct or permit any nuisance nor commit,permit,or suffer any stripping of or waste on or to the Property a?any portion of the Property. Without limiting the generality of the Foregoing,Grantor will not removn,or grant to any other party the right to remove,any timber,minerals{including oil and ges),coal.clay,scoria,soli,gravel or rock products without Lender's prior written consent. Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without Lender's prior written consent. As a condition to the removal of any Improvements,Lender may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with improvements of at least equal value. DEED OF TRUST Loan No:570007344 (Continued) Page 6 chemical or InfecTIOus characteristics, may cause or pose a present or potential hazard to human ftealth or the environment when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled- The words "Hazardous Substances"are used in their very broadest sense and include without limitation any and all hazardous or toxic substances,ma[erials or waste as defined by or listed under the Envifonmental Laws. The Term"Hazardous Substances"also includes,without limitation,petroleum and petroleum by-produots or any fraction thereof and asbestos. Improvements- The ward"Improvements"means Oil existing and future improvements,buildings,structures,mobile homes affixed on the Real Property,facilities,additions,replacements and other construction On the Real Property. Indebtedness. The word"Indebtedness' rreoms all principal, interest, and other amounts, casts and expenses payable under the Note pf Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Nate or Related Documents and any amounts expended or advanced by Lender to discharge Grantof's obligations or axpenses incurred by Trustee or Lender to enforce Grantor's obligations under this Deed of Trust.together with intaeeat on such amounts as provided in this Deed of Trust. Specifically, without limitation. Indebtedness includes all amounts that may be indirectly secured by the Cross-Collateraiixation provision-of this Deed of 7rust- Lender. The word"Lender"means IDAHO INDEPENDENT RANK,its successors and assigns. Note. The ward`Note"means the promissory note dated October 3,201 a, in the original principal amount of$121,326,63 from Grantor to Lender,together with all renewals of,extensions of,modifications of,refinancings of,consolidations of,and substitutions for the promissory note or agreement-NOTICE TO GRANTOR; THE NOTE CONTAINS A VARIABLE INTEREST RATE. Personal Property. The words"Personal Property" mean all equipment, fixtures,and other articles of personal property now or hereafter owned by Granrpr,and*tow or hereafter attached or affixed to the Real Property:together with all accessions,parts,and additions to,ail replacements of,and all substitutions for,any of such property;and together with all proceeds{including without femitalion ali insurance proceeds and refunds of gremiumsl from any sets or other disposition of the Property. Property- The word"Property"means collectively the Real Property and the Personal Property. Real Property. The words"steal Property'mean the real property,interests and rights,as further described in this peed of Trust. Related Documents, The words "Related Documents" mean all promissory notes, credit agreements, lean agreements, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and al{ other instruments, agreements and documents, whether now or hereafter existing,executed in correction with the Indebtedness except that the words de not mean any guaranty or environmental agreement,whether now or hereafter existing,executed in connection with the indebtedness. Rents. The word'Rents"means all present and future rents,revenues,income,issues,royalties,profits,and other benefits derived from the Property. Trustee. The word"Trustee`means TITLEONE CORPORATfCN,whose address is I IOT W RIVER ST STE 201,ROISE,ID $3702 and any substitute or successor trustees. GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST,AND GRANTOR AGREES TO ITS TERMS. GRANTOR: N BREWWSK IES,LLC Ry: JOSHUA A EVA R75, Managing Member of NOVEMBREWHfSKY PROPERTIES.LLC LIMITED LIABILITY COMPANY ACKNOWLEDGMENT STATE OF ISS COUNTY OF, l 7(C� This record was acknowledged before me on X- ,{) Y 9 2D�by JOSHUA A EVARTS,Managing Member of NOVEMBREWHISMY PROPERTIES. LLC, art Idaho Limited Liability Company. and NOVEMBREWHISKY PROPERTIES, LLC, an Idaho Limited Liability Company,is the maker of the foregoing record.CLAY HAYLETT — -- o of �Ell,NO,6360 Notary Public inand for rh�o s� , NOTARY PUBLIC STATE OF IDAHO My commission expires_ r' REQUEST FOR FULL RECONVEYANCE {To be used only when obligations have been paid in full) To: ,Trustee The undersigned is the legaf owner and holder of all Indebtedness secured by this Deed of Trust, AR sums secured by this Deed of Trust have been fully paid and satisfied. You are hereby directed,upon payment to you of any sums owing to you under the terms of this Deed of Trust or pursuant tG any applicable statute,to cancel the Note secured by this Deed of Trust[which is delivered to You together with this Deed of 7rus[!, and to reconvey,without warranty,to the parties designated by the terms of this Dead of Trust,the estate now held by you under this Deed of Trust, Please mail the reconveyance and Related Documents for Date: Beneficiary: By: Its:_ LaserPre,Ver_18.2-0,D27 Copr.Finastra USA Corporation 7357,201 E. All Rights Reserved, -rD H:>CFRI-PUG0I,FC TF-43478 PR-14