Application Hearing Date : March 7 , 2017
File No . (s) : 1-1-2017- 0013
Project Name : Destination Place No . 3
Request : Request to short plat two (2) commercial lots on approximately 1 . 77 acres in the
C- G zoning district, by Fulbright Investments, LLC
Location : The site is located at 1510 S . Celebration Ave , in the SW 1/4 of Section 17 ,
Township 3N. , Range lE .
1
Planning Division
ENIDIANBY:__ DEVELOPMENT REVIEW APPLICATION
STAFF USE ONLY :
Project name :
File number(s) :
Assigned Planner: U ppm/-a,swJ Related files :
Type of Review Requested (check all that apply)
❑ Accessory Use ❑ Planned Unit Development
❑ Administrative Design Review ❑ Preliminary Plat
❑ Alternative Compliance ❑ Private Street
❑ Annexation and Zoning ❑ Property Boundary Adjustment
❑ Certificate of Zoning Compliance ❑ Rezone
❑ City Council Review X Short Plat
❑ Comprehensive Plan Map Amendment ❑ Time Extension :
❑ Comprehensive Plan Text Amendment Director/ Commission/Council ( circle one)
❑ Conditional Use Permit ❑ UDC Text Amendment
❑ Conditional Use Modification ❑ Vacation:
Director/Commission (circle one) Director/ Council ( circle one)
❑ Development Agreement Modification ❑ Variance
❑ Final Plat ❑ Other
❑ Final Plat Modification
Applicant Information
i
Applicant name : r4f4w &"//7 IA14 rYrol&'VI/ L. L G Phone : 3D Z3(v3
i
Applicant address : .S2 7Sr A1. juooeelenzO 1?4 , Email : � lyAf� %GuGf�/1/<i�YTQA�Is� G �
City : 5o is E lb y3 7 / 3 State : Zip : $ 3 7173
Applicant ' s interest in property : I Own ❑ Rent ❑ Optioned ❑ Other
Owner name : _ 25 AM e� Phone :
Owner address : Email :
City : State : Zip :
Agent/Contact name ( e . g. , architect, engineer, developer, representative) :
Firm name : .5oq/AToo7W 4,4,Vh Phone :
Agent address : 2030 5 LIJI{5 /f/iVL7nox) A1014 Email : G ��2L (� SgwTnoTN � S _ Gy�
City : E171W&77` State : / rD Zip : Sr34 / 7
Primary contact is : ❑ Applicant ❑ Owner X Agent/Contact
Subject Property Information
Location/street address : /S/D S. r6:Z, BRAToN X4d�. Township , range, section : i7
Assessor ' s parcel number(s) : �flf/l 75DO,S� Total acreage : /. 77 Zoning district : C _ U
i
I
Community Development ■ Planning Division ■ 33 E . Broadway Avenue, Ste . 102 Meridian, Idaho 83642
Phone : 208 -884 -5533 Fax : 208 - 888-6854 x�n�r\v. meridianci�. or�plamlin�
- 1 - (Rev. 0611212014)
amolf 9' 3
Project/subdivision name : /FtFP44T Ze TZ
General description of proposed project/request :
Proposed zoning district(s) : C — ry
Acres of each zone proposed : / . 7 7
Type of use proposed ( check all that apply) :
❑ Residential ❑ Office P, Commercial ❑ Employment ❑ Industrial ❑ Other
Who will own & maintain the pressurized irrigation system in this development? /{ ANZ)
Which irrigation district does this property lie within? Alln /D
Primary irrigation source : i? I Secondary :
Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water) :
Residential Project Summary (if applicable)
Number of residential units : Number of building lots :
Number of common lots : Number of other lots :
Proposed number of dwelling units (for multi - family developments only) :
I bedroom : 2-3 bedrooms : 4 or more bedrooms :
Minimum square footage of structure (excl . garage) : Maximum building height :
Minimum property size ( s . f) : Average property size ( s . f ) :
Gross density (Per UDC 11 - 1A- 1 ) : Net density (Per UDC 11 - IA- 1 ) :
Acreage of qualified open space : Percentage of qualified open space :
Type and calculations of qualified open space provided in acres (Per UDC 11 - 3G- 3B ) :
Amenities provided with this development ( if applicable ) .-
Type of dwelling( s) proposed : ❑ Single -family Detached ❑ Single-family Attached ❑ Townhouse
❑ Duplex ❑ Multi- family ❑ Vertically Integrated ❑ Other
Non-residential Project Summary (if applicable)
Number of building lots : Z Common lots : Cd Other lots : 4�n
Gross floor area proposed : I Zoo Cb Existing ( if applicable) : ti A
Hours of operation (days and hours) : 9 .A M (o t�Is'i Building height :
Total number of parking spaces provided : Number of compact spaces provided : 2 (e
Authorization
Print applicant name : 4446f 8,?16r14 T
Applicant signature : Date : 77
Conununity Development ■ Planning Division ■ 33 E . Broadway Avenue, Ste . 102 Meridian, Idaho 83642
Phone : 208 -884-5533 Fax : 20 & 888-6854 WnNtiv. meridiancity. org/planning
-2- (Rev. 061121201 d)
49'L Sawtooth Land Surveying, LLC
�14WI00 /� P: (208) 398-8 104 F: (208) 398-8 1 05
LanGSuuey/�q LLG 2030 5. Wa5hincgton Ave., Emmett, ID 83G 17
Letter of Intent
For Short Plat Application
City of Meridian
City of Meridian
Planning Division
Please accept this letter and the letter of intent as required on the short plat application
checklist.
Fulbright Investments, LLC would like to split Lot 2, Block 2, of Destination Place
Subdivision, into two lots, one being 0.98 acres and one being 0.78 acres. This project
is in conformance with all requirements and provisions of the UDC.
This project is also in conformance with the acceptable engineering, architectural and
surveying practices and local standards.
There are currently no structures of any kind on the site. Construction is anticipated to
start around the 1St of March.
I
See certificate of zoning compliance dated 7/14/2016 from the City of Meridian, to
Fulbright Investments, LLC.
4
(E
P
B
E
E
t'
t(:
P:\2017\17012-HARRYS HIDEAWAY\Correspondence\OUT\LETTER OF INTENT.docx
qe 11
Exhibit A
Legal Description:
Lot 2 In Block 2 of Destination Place SubdlYislon,according to the official plat thereof,filed In Book 93 of Pla(s at Pages 11190,11191 and
11192,off lclal records of Ada County,Idaho.
i
I
1
i
I
1
4
4:
[EE
I
ADA COUNTY RECORDER Christopher D.Rich 2016-067484
BOISE IDAHO Pgs=11 DAWN TRIVOLIS 07/27/2016 09:15 AM
RECORDATION REQUESTED BY: TITLEONE BOISE $40.00
ZB,N.A.dba Zions First National Bank
Treasure Valley Commercial Banking Center
800 W.Main Street,Ste.700
Boise,ID 83702
WHEN RECORDED MAIL TO:
ZB,N.A.dba Zions First National Bank
Enterprise Loan Operations UT RDWG 1970
PO Box 25007
Salt Lake City,UT 84125.0007
SPACE ABOVE THIS LINE iS FOR RECO}2DER'S U5C_ONLY
DEED OF TRUST AND FIXTURE FILING
THIS DEED OF TRUST is dated July 18, 2016, among Fulbright Investments LLC, whose address is 5275 N
Brookfield PI., Boise, ID 83713 ("Grantor"); ZB, N.A. dba Zions First National Bank, whose address is Treasure
Valley Commercial Banking Center, 800 W. Main Street, Ste. 700, Boise, ID 83702 (referred to below sometimes
as "Lender" and sometimes as "Beneficiary"); and TitleOne Corporation, whose address is 1101 W. River Street,
Suite 201, Boise, ID 83720 (referred to below as "Trustee").
CONVEYANCE AND GRANT. For valuable consideration,Grantor does hereby Irrevocably grant,bargain,sell and convey in trust,with power of
sale,to Trustee for the benefit of Lender as Beneficiary,all of Grantor's right,title,and interest in and to the following described real property,
together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and
appurtenances;all water,water rights and ditch rights(including stock in utilities with ditch or irrigation rights);and all other rights,royalties,
and profits relating to the real property, Including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real
Property") located in Ada County, State of Idaho:
See the exhibit or other description document which is attached to this Deed of Trust and made a part of this
Deed of Trust as if fully set forth herein.
i
The Real Property or its address is commonly known as 1510 South Celebration Avenue, Meridian, ID 83642.
I The Real Property tax identification number is R1814730050.
CROSS-COLLATERALIZATION, In addition to the Note,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 well as all claims by Lender against Grantor or any one or more of them, whether now
existing or hereafter arising,whether related or unrelated to the purpose of the Note,whether voluntary or otherwise,whether due or not due,
direct or Indirect, determined or undetermined, absolute ar contingent, liquidated Or uniiquidatod,whether Grantor may be liable individually or
I jointly with others,whether obligated as guarantor,surety,accommodation party Or Otherwise,and whether recovery upon such amounts may
be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may
i
become otherwise unenforceable.
Grantor presently assigns to Lender(also known as Beneficiary in this Deed of Trust)all of Grantor's right,title,and interest in and to all present
and future leases of the Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security
interest In the Personal Property and Rents,
THIS DEED OF TRUST,INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY,
IS GIVEN TO SECURE (A) PAYMENT OF THE iNDEf3TMNC55 AND (B) PERFORMANCE Olr ANY AND ALL OBLIGATIONS UNDER THE NOTE,
THE RELATED DOCUMENTS,AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
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 of Granter'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 shall be governed by
the following provisions:
i Possession and Use. Until the occurrence of an Event of Default, Grantor may
(1) remain in possession and control of the Property; (2)
use, operate or manage the Property; and (3) collect the Rents from the Property. The following provisions relate to the use of the
Property or to other limitations on the Property. THE REAL PROPERTY IS NOT MORE THAN EIGHTY (80) ACRES AND IS NOT
PRINCIPALLY USED FOR THE AGRICULTURAL PRODUCTION OF CROPS, LIVESTOCK,DAIRY OR AQUATIC GOODS, OR IS NOT MORE
€ THAN FORTY(40)ACRES REGARDLESS OF USE,OR IS LOCATED WITHIN AN INCORPORATED CITY OR VILLAGE.
Duty to Maintain, Grantor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and
maintenance necessary to preserve its value.
Compliance With Environmental Laws. Grantor represents and warrants to Lender that: (1) During the period of Grantor's ownership of
the Property,(hero has boon no use,generation,manufacture,storage,treatment,disposal,release or threatened release of any Hazardous
Substance by any person on, under, about or from the Property; (2) Grantor has no knowledge of,or reason to believe that there has
been,except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws,
(b) any use, generation, rrranufactura,storage, treatment,disposal, release or threatened release of any Hazardous Substance on,under,
about Or frurn the Property by any prior owners Or occupants of the Property,or (c) any actual or threatened litigation or claims of any
l
i
DEED OF TRUST
Loan No: 9001 (Continued) Page 2
kind by any person relating to such matters;and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither
Grantor nor any tenant,contractor,agent or other authorized user of the Property shall use,generate,manufacture,store,treat,dispose of
or release any Hazardous Substance on, under,about or from the Property; and (b) any such activity shall be conducted in compliance
with all applicable federal, state, and local laws, regulations and ordinances, Including without limitation all Environmental Laws, Grantor
authorizes Lender and Its agents to enter upon the Property to make such inspections and tests,at Grantor's expense,as Lender may deem
appropriate to determine compliance of the Property with this section of the Deed of Trust. Any Inspections or tests made by Lender shall
be for Lender's purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Grantor or to any
other person. The representations and warranties contained herein are based on Grantor's due diligence In investigating the Property for
Hazardous Substances. Grantor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the
event Grantor becomes liable for cleanup or other costs under any such laws; and (2) agrees to Indemnify, defend,and hold harmless
Lender against any and all claims, losses, liabilities,damages, penalties, and expenses which Lender may directly or indirectly sustain or
suffer resulting from a breach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage,
disposal,release or threatened release occurring prior to Grantor's ownership or Interest in the Property,whether or not the same was or
should have been known to Grantor. The provisions of this section of the Deed of Trust,Including the obligation to indemnify and defend,
shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Deed of Trust and shall not be
affected by Lender's acquisition of any interest in the Property,whether by foreclosure or otherwise.
Nuisance,Waste, Grantor shall not cause,conduct or permit any nuisance nor commit,permit,or suffer any stripping of or waste on or to
the Property or any portion of the Property. Without limiting the generality of the foregoing,Grantor will not remove,or grant to any other
party the right to remove,any timber,minerals(Including oil and gas),coal,clay,scoria,soil,gravel or rock products without Lender's prior
written consenl.
Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without Lender's prior written
consent. As a condition to the removal of any Improvements,Lender may require Grantor to make arrangements satisfactory to Lender to
replace such Improvements with Improvements of at least equal value.
Lender's Right to Enter, Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to attend
to Lender's interests and to inspect the Real Property for purposes of Grantor's compliance with the terms and conditions of this Deed of
Trust,
Compliance with Governmental Requirements. Grantor shall promptly comply with all laws,ordinances,and regulations, now or hereafter
in effect, of all govermmntal authorities applicable to the use or occupancy of the Property, Including without limitation, the Artaericans
With Disabilities Act. Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any
proceeding, Including appropriate appeals,so long as Grantor has notified Lender in writing prior to doing so and so long as, in Lender's
sole opinion,Lender's interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surely bond,
reasonably satisfactory to Lender,to protect Lender's interest.
Duty to Protect, Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other acts,in addition to those
acts set forth above in this section,which from the character and use of the Property are reasonably necessary to protect and preserve the
Property.
TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of Trust:
Payment, Grantor shall pay when due (and In all events prior to delinquency) all taxes, special taxes, assessments, charges (including
water and sewer),f7nes and impositions levied against or on account of the Property,and shall pay when due all claims for work done on or
for services rendered or material furnished to the Property. Grantor shall maintain the Property free of all liens having priority over or equal
to the Interest of Lender under this Deed of Trust, except for the lien of taxes and assessments not due and except as otherwise provided
In this Deed of Trust,
Right to Contest, Grantor may withhold payment of any tax, assessment, or claim In connection with a good faith dispute over the
obligation to pay, so long as Lender's interest in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment,
Grantor shall within fifteen(15)days after the lien arises or,if a lien is filed,within fifteen(15)days after Grantor has notice of the riling,
I secure the disr hnrge of the liars,or If requested_ by Lender,deposit will)Lender cash or a sufficient corporate surety bond or other security
I satisfactory to Lender in ail amount sufficient to discharge the Ilen phis any costs and reasonable attorneys fees, or,tither charges that
could acraue as a result of a foreclosure or sate Under•the lien. In any contest,Grantor shall defend itself and Lender and shall satisfy any
advarso judgment before enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety bond
I furnished in the contest proceedings.
Evidence of Payment, Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall
authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against
the Property.
E
Notice of Construction. Grantor shall notify Lender at least fifteen(15)days before any work is commenced,any services are furnished,or
any materials are supplied to the Property, if any mochanles lien, materialmen's lien, or other lien could be asserted on account of the
work,services,or materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor
can and will pay the cost of such improvements.
PROPERTY DAMAGE INSURANCE, The following provisions relating to insuring the Property are a part of this Deed of Trust.
Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage oodorsements on
a fair value basis for the full insurable value covering all improvements on the Real Property in an amount sufficient to avoid application of
any coinsurance clause,and with a standard mortgagee clause In(aver of Lender. Grantor shall also procure and maintain comprehensive
general liability Insurance in such coverage amounts as Lender may request with Trustee and Lender being named as additional insureds In
such liability insurance policies. Additionally, Grantor shall maintain such other insurance, including but not limited to hazard, business
Interruption, and boiler insurance, as Lender may reasonably require. Policies shall be written In form, amounts, coverages and basis
reasonably acceplablo to Lender and Issuod by a company or companies reasonably acceptable to Lender. Grantor,upon request of Lender,
will deliver to Lender frorn time to time the policies or certificates of insurance in form satisfactory to Lender, including stipulations that
coverages will not be cancelled or diminished without at least ten(10)days prior written notice to Lender. Each Insurance policy also shall
include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or default of
Grantor or any other person. Should the Real Property be located in an area designated by the Administrator of the Federal Emergency
I
l
r
E
E
DEED OF TRUST
Loan No: 9001 (Continued) Page 3
Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance,if available,within 45
days after notice is given by Lender that the Property is located in a special flood hazard area, for the full unpaid principal balance of the
loan and any prior liens on the property securing the loan,up to the maximum policy limits set under the National Flood Insurance Program,
or as otherwise required by Lender,and to maintain such insurance for the term of the loan.
Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss if
Grantor fails to do so within fifteen (15) days of the casualty. Whether or not Lender's security is impaired, Lender may, at Lender's
election,receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness,payment of any Ilan
affecting ilia Properly,or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair,Grantor
shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall,upon satisfactory proof of
such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor is not in default
under this Deed of Trust. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not
committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Deed of Trust,then
to pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the Indebtedness. If Lender holds any
proceeds after payment in full of the Indebtedness,such proceeds shall be paid to Grantor as Grantor's interests may appear.
Grantor's Report on Insurance. Upon request of Lender,however not more than once a year, Grantor shall furnish to Lender a report on
each existing policy of insurance showing: (1) the name of the insurer: (2) the risks insured; (3) the amount of the policy; (4) the
property insured,the then current replacement value of such property,and the manner of determining that value;and (5) the expiration
date of the policy. Grantor shall, upon request of Lender, have an independent appraiser satisfactory to Lender determine the cash value
replacement cost of the Property.
LENDER'S EXPENDITURES. If any action or proceeding Is commenced that would materially affect Lender's interest in the Property or if Grantor
falls to comply with any provision of this Deed of Trust or any Related Documents, Including but not limited to Grantor's failure to discharge or
pay when due any amounts Grantor is required to discharge or pay under this Deed of Trust or any Related Documents, Lender on Grantor's
behalf may(but shall not be obligated to)take any action that Lender deems appropriate, including but not limited to discharging or paying all
taxes,liens, security interests,encumbrances and other claims,at any time levied or placed on the Property and paying all costs for insuring,
maintaining and preserving the Property. All such expenditures incurred or paid by Lender for such purposes will therm bear Interest at the rate
charged under the Note from the date incurred or paid by lender to the date of repayment by Grantor, All such expenses will become a part of
the Indebtedness arid,at Lenders option,will (A) be payable on demand; (B) be added to time balance of ilia Note and be apportioned among
and be payable with any installment payments to become due during either (1) the term of any applicable inSlifanCe policy; or (2) the
remaining term of the Note;or (0) be treated as a balloon payment which will be due and payable at Ilia Note's maturity. The Deed of Trust
also will secure payment of these amounts. Such right shall ha In addition to all other rights and remedies to which Lender may be entitled upon
Default.
WARRANTY;DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed of Trust:
Title. Grantor warrants that: (a)Grantor holds good and marketable title of record to the Property in fee simple,free and clear of all liens
and encumbrances other than those set forth in the Real Property description or in any title insurance policy,title report,or final title opinion
issued in favor of, and accepted by,Lender In connection with this Deed of Trust,and (b)Grantor has the full right,power,and authority
to execute and deliver this Deed of Trust to Lender.
Defense of Title. Subject to ilia exception In the paragraph above, Grantor warrants and will forever defend the title to the Property against
the lawful claims of all persons. In the event any action or proceeding Is comrnence:d that questions Grantor's title or the Interest of
Trustee or Lender under this Deed of Trust, Grantor shall defend the action at Grantor's expense. Grantor may be time norninai party in
such proceeding, but Lender shall be entitled to participate in Ilia proceeding and to be represented in the proceeding by counsel of
Lender's own choice, and Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to
time to permit such participation.
Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property compiles with all existing applicable laws,
ordinances,and regulations of governmental authorities.
Survival of Representations and Warranties. All representations,warranties, and agreements made by Grantor in this Deed of Trust shall
survive the execution and delivery of this Deed of Trust,shall be continuirng in nature, and shall remain in full force and effect until such
time as Grantor's Indebtedness shall be paid In full.
CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust:
Proceedings, If any proceeding in condemnation Is filed, Grantor shall promptly notify Lender in wilting,and Grantor shall promptly take
such steps as may be necessary to defend the action and obtain the award. Granter 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 he delivered to Lender such Instruments and documentation as may be requested by Lender from time to time to
permit such participation.
Application of Not Proceeds. If all or any part of the Property Is condemned by raminant domain proceedings or by any proceeding or
( purchase in lieu of condemnation,Lender may at Its election require that all or any portion of time not proceeds of the award be applied to
the Indebtedness or the, repair or restoration of tile Property. The net proceeds of fire award shall mean the award after payment of all
reasonable costs,expenses,and attorneys'fogs incurred by Trustert or Lander in connection with the condemnation.
i
IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes,
fees and charges are a part of this Deed of Trust:
Current Taxes, Foes and Charges. Upon request by Lender, Grantor shall execute.such documents in addition to this Deed of Trust and
i take whatever other action is requested by Lender to perfect and continue Lender's lied on the Real Property. Grantor shall reimburse
i Lanier for all taxes, as described below, togothor with all,expenses incurred In recording, perfecting or continuing this heed of Trust,
Including without limitation all taxes,fees,documentary stamps,and other charges for recording or rogistering this Deed of Trust.
Taxes. The fallowing shall constitute taxes to which this section applies: (1) a specific tax upon this type of heed of Toast or upon all or
any part of the Indebtedness secured by this Deed of'Trust; (2) a spocific tax on Grantor which Grantor is authorized or required to
deduct from payments on the Indebtedness secured by this typo rat Dead of"Trust; (3) a tax on this type of Deed of'trust chargeable
against the Lender or the holder of the Note;and (4) a specific tax on all or any portion of the Indebtedness or an payments of principal
i
r
(I
pj
DEED OF TRUST
Loan No. 9001 (Continued) Page 4
and interest made by Grantor.
Subsequent Taxes, If any tax to which this section nppiies is Cnacted subsequent to the dale of this Deed of Trust, this event shall have
the samo effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as provided
below unless Grantor either (1) pays the tax before it becomes delinquent,or (2) contests the tax as provided above in the Taxes and
Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender.
SECURITY AGREEMENT;FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security agreement are a part
of this Deed of Trust:
Security Agreement. This Instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and
Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time.
Security Interest. Upon request by Lender, Grantor shell take whatever action Is requested by Lender to perfect and continue Lender's
security interest in the Rents and Personal Property. In addition to recording this Deed of Trust in the real property records,Lender may,at
any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this Deed of Trust as a
financing statement. Grantor shall reimburse Lender for all expenses incurred in perfecting or continuing this security Interest. Upon
default, Grantor shall not remove, sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble any
Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Grantor and Lender and make It available
to Lender within three(3)days after receipt of written demand from Lender to the extent permitted by applicable law.
Addresses. The mailing addresses of Grantor(debtor)and Lender(secured party)from which Information concerning the security Interest
granted by this Deed of Trust may be obtained (each as required by the Uniform Commercial Code)are as stated on the first page of this
Deed of Trust.
FURTHER ASSURANCES;ATTORNEY-IN-FACT. The following provisions relating to further assurances and attomey-in-fact are a part of this
Deed of Trust:
Further Assurances. At any time,and from time to time,upon request of Lender,Grantor will make,execute and deliver,or will cause to
be made,executed or delivered,to Lender or to Lender's designee,and when requested by Lender,cause to be filed, recorded,refiled,or
rerecorded,as the case may be,at such times and in such offices and places as Lender may deem appropriate,any and all such mortgages,
deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance,
certificates,and other documents as may,in the sole opinion of Lender,be necessary or desirable in order to effectuate,complete,perfect,
continue,or preserve (1) Grantor's obligations under the Note,this Deed of Trust, and the Related Documents,and (2) the liens and
security Interests created by this Deed of Trust as first and prior liens on the Property, whether now owned or hereafter acquired by
Grantor. Unless prohibited by law or Lender agrees to the contrary in writing, Grantor shall reimburse Lender for all costs and expenses
Incurred In connection with the matters referred to in this paragraph.
Attorney-in-Fact. if Grantor fails to do any of the things referred to In the preceding paragraph,Lender may do so for and in the name of
Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocably appoints Lender as Grantor's attomey-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 Grantor pays all the Indebtedness when due,and otherwise performs all the obligations imposed upon Grantor under
this Deed of Trust, Lender shall execute and deliver to Trustee a request for full reconveyance and shall execute and deliver to Grantor suitable
statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the Personal Property. Any
reconveyance fee required by law shall be paid by Grantor,If permitted by applicable law.
EVENTS OF DEFAULT. Each of the following,at Lender's option,shall constitute an Event of Default under this Deed of Trust:
Payment Default. Grantor fails to make any payment when due under the Indebtedness.
Other Defaults. Grantor fails to comply with or to perform any other term,obligation,covenant or condition contained in this Deed of Trust
or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any other
agreement between Lender and Grantor.
i
Compliance Default. Failure to comply with any other term,obligation,covenant or condition contained In this Deed of Trust,the Note or in
any of the Related Documents.
Default on Other Payments, Failure of Grantor within the time required by this Deed of Trust to make any payment for taxes or Insurance,
or any other payment necessary to prevent filing of or to effect discharge of any lien.
Environmental Default. Failure of any party to comply with or perform when due any term,obligation,covenant or condition contained in
any environmental agreement executed In connection with the Property,
Default in Favor of Third Parties. Should Grantor default under any loan, extension of credit, security agreement, purchase or sales
agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Grantor's property or
Grantor's ability to repay the Indebtedness or Grantor's ability to perform Grantor's obligations under this Deed of Trust or any of the
Related Documents,
E
False Statements. Any warranty, representation or statement made or furnished to Lender by Grantor or on Grantor's behalf under this
I Deed of Trust or the Related Documents Is false or misleading in any material respect, either now or at the time made or fumished or
becomes false or misleading at any time thereafter.
Defective Coilateralizatlon. This Deed of Trust or any of the Related Documents ceases to be in full force and effect(including failure of
any collateral document to create a valid and perfected security Interest or lien)at any time and for any reason.
f Death or Insolvency. The dissolution of Grantor's(regardiess of whether election to continue is made), any member withdraws from the
limited liability company,or any other termination of Grantor's existence as a going business or the death of any member,the insolvency of
Grantor,the appointment of a receiver for any part of 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 Grantor.
Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by Judicial proceeding, self-help,
repossession or any other method, by any creditor of Grantor or by any governmental agency against any property securing the
F
i
f
4
DEED OF TRUST
Loan No: 9001 (Continued) Page 5
Indebtedness. This includes a garnishment of any of Grantor's accounts,including deposit accounts,with Lender. However,this Event of
Default shall not apply If there is a good faith dispute by Grantor as to the validity or reasonableness of the claim which is the basis of the
creditor or forfeiture proceeding and if Grantor gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender
monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in Its sole discretion, as being an
adequate reserve or bond for the dispute.
Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and Lender that is not
remedied within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other
obligation of Grantor to Lender,whether existing now or later.
Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any
Guarantor dies or becomes Incompetent,or revokes or disputes the validity of,or liability under,any Guaranty of the Indebtedness.
Adverse Change, A material adverse change occurs in 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.
Right to Cure. If any default,other than a default in payment,Is curable and if Grantor has not been given a notice of a breach of the same
provision of this Deed of Trust within the preceding twelve(12)months, it may be cured if Grantor,after Lender sends written notice to
Grantor demanding cure of such default: (1) cures the default within fifteen(15)days;or (2) If the cure requires more than fifteen(15)
days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter
continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical
RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust,at any time thereafter,Trustee or Lender may
exercise any one or more of the following rights and remedies:
Notice of Default In the Event of Default Lender shall execute or cause the Trustee to execute a written notice of such default and of
Lender's election to cause the Property to be sold to satisfy the Indebtedness,and shall cause such notice to be recorded in the office of
the recorder of each county wherein the Real Property,or any part thereof,Is situated.
Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy,and an election to make
expenditures or to take action to perform an obligation of Grantor under this Deed of Trust, after Grantor's failure to perform, shall not
affect Lender's right to declare a default and exercise its remedies.
Accelerate Indebtedness. Lender shall have the right at Its option without notice to Grantor to declare the entire Indebtedness immediately
due and payable,including any prepayment penalty which Grantor would be required to pay.
Foreclosure. With respect to all or any part of the Real Property, the Trustee shall have the right to foreclose by notice and sale, and
Lender shall have the right to foreclose by judicial foreclosure, In either case in accordance with and to the full extent provided by
applicable law.
UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party
under the Uniform Commercial Code.
Collect Rents. Lender shall have the right,without notice to Grantor to take possession of and manage the Property and collect the Rents,
including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. In
furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to
Lender. If the Rents are collected by Lender, then Grantor Irrevocably designates Lender as Grantor's attorney-In-fact to endorse
Instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants
or other users to Lender In response to Lender's demand shall satisfy the obligations for which the payments are made,whether or not any
proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either in person, by agent,or through a
s receiver.
i
Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property,with the
power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the
Property and apply the proceeds,over and above the cost of the receivership, against the Indebtedness. The receiver may serve without
bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property
exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver.
Tenancy at Sufferance. If Grantor remains In possession of the Property after the Properly Is sold as provided above or Lender otherwise
becomes entitled to possession of the Property upon default of Grantor, Grantor shall become a tenant at sufferance of Lender or the
purchaser of the Property and shall,at Lender's option, either (1) pay a reasonable rental for the use of the Property,or (2) vacate the
Property immediately upon the demand of Lender,
Other Remedies, Trustee or Lender shall have any other right or remedy provided in this Deed of Trust or the Note or available at law or in
equity.
4
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
j after which any private sale or other Intended disposition of the Personal Property is to be made. Reasonable notice shall mean notice
given at least ten(10)days before the time of the sale or disposition. Any sale of the Personal Property may be made in conjunction with
any sale of the Real Property.
Sale of the Property, To the extent permitted by applicable law, Grantor hereby waives any and all rights to have the Properly marshalled.
In exercising its rights and remedies,the Trustee or Lender shall be free to sell all or any part of the Property together or separately,in one
sale or by separate sales. Lender shall be entitled to bid at any public safe on all or any portion of the Property. Notice of sale having been
given as then required by law, and not less than the time required by law having elapsed,Trustee,without demand on Grantor,shall sell
the property at the time and place fixed by it In the notice of saio at public auction to the highest bidder for cash In lawful money of the
United States,payable at time of sale. Trustee shall deliver to the purchaser his or her deed conveying the Property so sold, but without
any covenant or warranty express or Implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness
of such matters or facts. After deducting all costs,fees and expenses of Trustee and of this Trust,Including cost of evidence of title and
reasonable attorneys'fees, Including those In connection with the sale,Trustee shall apply proceeds of sale to payment of (a)all sums
expended under this Dead of Trust, not then repaid with Interest thereon as provided In this Deed of Trust; (b)all Indebtedness secured
I
I
DEED OF TRUST
Loan No: 9001 (Continued) Page 6
hereby;and (c)the remainder,if any,to the person or persons legally entitled thereto.
Attorneys'Fees;Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of Trust,Lender shall be entitled
to recover such sum as the court may adjudge reasonable as attorneys'fees at trial and upon any appeal. Whether or not any court action
Is Involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any
time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall
bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include,without limitation,
however subject to any limits under applicable law,Lender's reasonable attorneys'fees and Lender's legal expenses whether or not there is
a lawsuit, Including reasonable attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any
automatic stay or Injunction),appeals,and any anticipated post-judgment collection services,the cost of searching records,obtaining title
reports (including foreclosure reports), surveyors' reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent
permitted by applicable law. Grantor also will pay any court costs,in addition to all other sums provided by law.
Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this section.
POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are part of this Deed of
Trust:
Powers of Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee shall have the power to take the following
actions with respect to the Property upon the written request of Lender and Grantor: (a)join in preparing and filing a map or plat of the
Real Property,including the dedication of streets or other rights to the public; (b)join in granting any easement or creating any restriction
on the Real Property;and (c)join In any subordination or other agreement affecting this Deed of Trust or the interest of Lender under this
Deed of Trust.
Obligations to Notify. Trustee shall not be obligated to notify any other party of a pending sale under any other trust deed or lien,or of any
action or proceeding In which Grantor,Lender,or Trustee shall be a party,unless the action or proceeding is brought by Trustee.
Trustee, Trustee shall meet all qualifications required for Trustee under applicable law. in addition to the rights and remedies set forth
above,with respect to ail or any part of the Property,the Trustee shall have the right to foreclose by notice and sale,and Lender shall have
thq right to foreclose by judicial foreclosure,In either case in accordance with and to the full extent provided by applicable law.
Successor Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee appointed under this
Creed of Trust by an Instrument executed and acknowledged by Lender and recorded In the office of the recorder of Ada County,$fate of
Idaho. The Instrument shall contain,In addition to all other matters required by state law, the names of the original Lender,Trusleo,and
Grantor,the book and page where this Deed of Trust Is recorded,and the name and address of the successor trustee,and the Instrument
shall be executed and acknowledged by Lender or its successors in Interest, The successor trustee,without conveyance of the Property,
shall succeed to all the title,power,and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for
substitution of Trustee shall govern to the exclusion of all other provisions for substitution.
NOTICES. Any notice required to be given under this Deed of Trust, including without limitation any notice of default and any notice of sale
shall be given in writing, and shall be effective when actually delivered,when actually received by telefacslmlle (unless otherwise required by
law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class,
certified or registered mail postage prepaid,directed to the addresses shown near the beginning of this Deed of Trust. All copies of notices of
foreclosure from the holder of any lien which has priority over this Deed of Trust shall be sent to Lender's address,as shown near the beginning
of this Deed of Trust. Any party may change its address for notices under this Deed of Trust by giving formal written notice to the other
parties,specifying that the purpose of the notice is to change the party's address. For notice purposes,Grantor agrees to keep Lander informed
at ail 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.
DISPUTE RESOLUTION.This section contains a jury waiver,arbitration clause,and a class action waiver. READ IT CAREFULLY.
This dispute resolution provision shall supersede and replace any prior "Jury Waiver," "Judicial Reference," "Class Action Waiver,"
"Arbitration, "Dispute Resolution,"or similar alternative dispute agreement or provision between or among the parties.
I
JURY TRIAL WAIVER; CLASS ACTION WAIVER. As permitted by applicable law,each narty waives their 5_tQ_&1[j,l before a
I tutu in canneciloy Dlsr�trto(as"t7isprile"Is hereinafter defined),andrurtos shajji 14�Svivett� tLjgQ s(titnn without n lurv. if a
court determines that this provision Is not enforceable for any reason and at any time prior to trial of the Dispute, but not later than 30 days
after entry of the order determining this provision Is unenforceable, any party shall be entitled to move the court for an order compelling
[ arbitration and staying or dismissing such litigation pending arbitration ("Arbitration Order"). If permitted by applicable law, oaeh warty rttsst
wa�y tier gilt to litigate In court r an art2Eralign �4 tSFIlg fny�isttQ as a rla�r, l�LI4l��iilvLe� a nromber 4) a�I,��� ��
t�tue.�,?rnS�3Sivv.._o.>;to.�L�n�RtiV�ls�tt4mey npalttil,
ARBITRATION. if a Claim, dispute, or controversy arises between us with respect to this Agreement, related agreements, pr arty other
A4tC 11W'I t t2C_t?153 5 tslittl2nih3lLfLiwegrr env of us wji her or not relitod to the subject matter of this Agroomont(all of the foregoing,a
"Dispute"), and only if a jury trial waiver is not permitted by applicable law or ruling by a court, any of us may require that tine Dispute be
resolved by binding arbitration before a single arbitrator at the request of any party, jay a rr ceinq to Arbitrate a is rota esah�u ty iYc env_
Itttjll Ilisst Izar Y mpy.ItiYe to a fury j; ,n, ll as ether rlgjht _ikieLl n court that are not avrrll bte or a d Iltnllcd hz
i .a[hlkrillLit,such as the rigltls_tS?_t#!>GsuvtX._�t14►_to-pkfz�.gL
Arbitration shall be commenced by filing a petition with,and In accordance with the applicable arbitration rules of,JAMS or National Arbitration
Forum ("Administrator")as selected by the initiating party. If the parties agree, arbitration may be commenced by appointment of a licensed
I attorney who is selected by the parties and who agrees to conduct the arbitration without an Administrator. Disputes Include matters(i)relating
to a deposit account,application for or denlal of credit,enforcement of any of the obligations we have to each other,compliance with applicable
laws andlor regulations,performance or services provided under any agreement by any party,(ii)based on or arising from an alleged fort,or(Ili)
Involving either of our employees, agents, affiliates, or assigns of a party, However, Disputes do not include the validity, enforceability,
meaning,or scope of this arbitration provision and such mattors may be determined only by a court. If a third party is a party'to a Dispute,we
each will consent to including the third party in the arbitration proceeding for resolving the Dispute with the third party. Venue for the
arbitration proceeding shall be at a location determined by mutual agreement of the parties or; If no agreement, in the city and state: where
lender or bank is headquartered.
After entry of an Arbitration Order,the non-moving party shall commence arbitration. The moving party shall,at its discretion,also be entitled
i
i
r
DEED OF TRUST
Loan No: 9001 (Continued) Page 7
to commence arbitration but Is under no obligation to do so,and the moving party shall not in any way be adversely prejudiced by electing not to
commence arbitration. The arbitrator:(1)will hear and rule on appropriate dispositive motions for judgment on the pleadings,for failure to state
a claim,or for full or partial summary judgment; (i[)will render a decision and any award applying applicable law; (Ili)will give effect to any
limitations period in determining any Dispute or defense;(lv)shall enforce the doctrines of compulsory counterclaim,res judicata,and collateral
estoppel, if applicable; (v)with regard to motions and the arbitration hearing,shall apply rules of evidence governing civil cases; and (vF)will
apply the law of the state specified in the agreement giving rise to the Dispute. Filing of a petition for arbitration shall not prevent any party
from (I) seeking and obtaining from a court of competent jurisdiction (notwithstanding ongoing arbitration) provisional or ancillary remedies
Including but not limited to injunctive relief, property preservation orders, foreclosure,eviction, attachment, replevin, garnishment, and/or the
appointment of a receiver, (i1)pursuing non Judicial foreclosure,or(111)availing Itself of any self-help remedies such as setoff and repossession.
The exercise of such rights shall not constitute a waiver of the right to submit any Dispute to arbitration.
Judgment upon an arbitration award may be entered in any court having jurisdiction except that, if the arbitration award exceeds$4,000,000,
any party shall be entitled to a de novo appeal of the award before a panel of three arbitrators. To allow for such appeal,If the award(including
Administrator,arbitrator, and attorney's fees and costs)exceeds$4,000,000.the arbitrator will issue a written, reasoned decision supporting
the award,including a statement of authority acid its application to the Dispute. A request for de novo appeal must be filed with the arbitrator
within 30 days following the date of the arbitration award;if such a request Is not made within that time period,the arbitration decision shall
become final and binding. On appeal,the arbitrators shall review the award de novo,meaning that they shall reach their own findings of fact
and conclusions of law rather than deferring in any manner to the original arbitrator. Appeal of an arbitration award shall be pursuant to the
rules of the Administrator or,if the Administrator has no such rules,then the JAMS arbitration appellate rules shall apply.
Arbitration under this provision concerns a transaction involving Interstate commerce and shall be governed by the Fedora[Arbitration Act, 9
U.S.C,see. 1 et seq, This arbitration provision shall survive any termination,amendment,or expiration of this Agreement. If the terms of this
provision vary from the Administrator's rules,this arbitration provision shall control.
RELIANCE. Each party(i) certifies that no one has represented to such party that the other party would not seek to enforce jury and class
action waivers In the event of suit,and(11)acknowledges that it and the other party have been induced to enter into this Agreement by, among
other things,the mutual waivers,agreements,and certifications In this section.
ASSIGNMENT,DUE ON SALE OR CHANGE OF CONTROL. For all Loans secured by Real Property, this provision shall control,supersede and
replace all conflicting provisions in any of the Related Documents, Trustor shall not,without the prior written consent of Lender,mortgage,
assign,convey,transfer,sell or otherwise dispose of or encumber the Real Property or the Personal Property or the Property(as each Is defined
In the Loan Agreement or In this Deed of Trust or the other Related Documents,as the case may be)or Truster's Interest or ownership in the
Real Property or Personal Property or the Property,or any part of the Real Property or the Personal Property or the Property,or the Income to be
derived from the Real Property or the Personal Property or the Property.Lender has approved the Loan In material reliance upon the ownership
and control of Truster, Borrower and the Real Property being the same as exists as of the closing date(which is the date of the Note unless
stated differently in the Related Documents).Accordingly,other than with the prior written consent of Lender,it Is and shall be a default under
this Deed of Trust,the Note and all or the Related Documents for there to be any sale,transfer or conveyance or change in control(collectively
a"conveyance")of(1)any ownership interest or beneficial interest(regardless of the percentage Interest conveyed or whether such Interest is
held as a partner,member,shareholder,beneficiary or otherwise)or(2)oily controlling interest(regardless of the porcontago Interest conveyed
or whothor such Interest is held as a partner,member,shareholder,beneficiary or otherwise)in any of the following:(1)Truster,Borrower or the
Real Farapoity,or(ii)the operation,management,Income,or profits of or fee title to the Real Property(whether held directly or indirectly),or(Ili)
any entity holding an ownership or beneficial or controlling interest in Truster,Ilia Borrower or the Real Property or(iv)any entity which through
one or more intermediaries holds any ownership Interest or beneficial interest,or controlling interest(direct or Indirect)In Trustor,the Borrower
or the Real Property. "Control" or a "controlling Interest" hereunder means the ability of any person or entity to (1) direct the business
operations or voting procedures for any entity,(2)cause the'election,selection or the appointment of entity officers or managers,(3)cause the
appointment of the management managing any entity or(4)cast a majority of the votes in any election or decision making process for any entity
or(5)do any of the foregoing for any intermediary entity holding any ownership or beneficial or majority Interest(whether direct or indirect)in
Truster,the Borrower or the Real Property.This Assignment,Due On Sala or Change Of Control provision does not prohibit(a)a conveyance of
personal property which Is part of the Personal Property under the Loan due to obsolescence or ordinary wear and tear or fire or casualty and
which is promptly replaced with personal property of equal or greater value,or(b)leasing any portion of ilia Real Property to a tenant which Is
expressly permitted pursuant to (1) the Related Documents, and/or Ili) any assignment of leases which is part of the Related Documents,
provided,however,Lender holds a security interest in the lease and a subordination and non-disturbance agreement is granted In favor of Lender
on a Lender approved form(unless the same is waived or not required pursuant to the Related Documents or the assignment of leases or this
Deed of'frust).
It this Assignment, Due On Sale or Change Of Control provision Is breached,at the option of Lender and without demand or notice, the full
principal Indebtedness of the Note and the other obligations of the Deed of Trust and Related Documents shall immediately become due and
payable to Lender. Any acceleration of the Indebtedness secured by the Real Properly because of a default under this provision, shall be
deemed n prepayment for all purposes whether or not the accolerated Loan balance is actually paid at the time of the subject conveyance;and if
the Note or any Related Document contains a yield maintenance provision or a prepayment fee or prepayment premium (collectively a "yield
maintenance clause"), such yield maintenance clause and all sums due thereunder shall also be immediately due and payable upon such
acceleration.
UNLAWFUL,USE,WnICAL MARIJUANA,CONTROLLED SUBSTANCES AND PROHIBITED ACTiVITIES,The undersigned shall not use,occupy,
or pornalt the use or occupancy of any Property or Collateral by the undersignod or any lessee,tenant,licensee, pemtitee, agent,or any other
person in any manner that would be a violation of any applicable federal, state or local law or regulation, regardless of whether such use or
occupancy fs lawful under any conflicting low, including without limitation any law relating to the use, sale, possession, cultivation,
manufacture, distribution or marketing of any controlled substances or other contraband (whether for commercial, medical, or personal
j purposes),or any law relating to the medicinal use or distribution of marijuana(collectively,"Prohibited Activities"). Any lease,license,sublease
or other agreement for use,occupancy or possession of any property or Collateral(collectively a"lease")with any third person("lessee")shall
expressly prohibit the lessoo from engaging or permitting others to engage in any Prohibited Activities. The undersigned shall upon demand
provide Longer with a written statement salting forth Its compliance with this section and stating whether any Prohibited Activities are or may
be occurring in,on or around the Property or Collateral. If the undersigned becomes aware that any lessee I,likely engaged In any Prohibited
Activities, The undersigned shall, In compliance with applicable law, terminate the applicable lease and take all actions permitted by law to
discontinue such activities, 'fho undersigned shall keep Lender fully advised of its actions and plans to comply with this section and to prevent
Prohibited Activities.
This section Is a material consideration and inducement upon which Lender relies in extending credit and other financial accommodations to the
i
k
t
[t
1
i
DEED OF TRUST
Loan No: 9001 (Continued) Page 8
undersigned.Failure by the undersigned to comply with this section shall constitute a material non-curable Event of Default. Notwithstanding
anything in this agreement,the Note or Related Documents regarding rights to cure Events of Default,Lender is entitled upon breach of this
section to Immediately exercise any and all remedies under this agreement,the Note the Related Documents,and by law.
in addition and not by way of limitation, the undersigned shall indemnify,defend and hold Lender harmless from and against any loss, claim,
damage, liability, fine, penalty, cost or n_xfeww (Including attorneys' fees and expenses) arising from, out of or related to any Prohibited
Activities at or on the Property or Collateral, Prohibited Activities by the undersigned or any lessee of the Property or Collateral, or the
undersigned's breach, violation, or failure to enforce or comply with any of the covenants set forth in this section.This indemnity includes,
without limitation any claim by any governmental enlily or agency,any lessee,or any third person,including any governmental action for seizure
or forfeiture of any Properly or Collateral(with or without compensation to Lender,and whether or not Property or Collateral is taken free of or
subject to Lender's lien or security interest), As used in this section, ti)e word"undersigned"does not include Lender or any individual signing
on behalf of Lender.
DOCUMENT IMAGING. Lender shall be entitled, in its sole discretion, to image or make copies of all or any selection of the agreements,
Instruments,documents,and items and records governing,arising from or relating to any of Borrower's loans,including,without limitation,this
document and the Relaters Documents,and Lender may destroy or archive the paper originals. The partios hereto(i)waive any right to insist or
require that tender produce paper originals,(if)agroo that such images shall ba,accorded the same force;and effect as fho paper originals,(ill)
agree that Lender is entitled to use such images In lieu of destroyed or archived originals for any purpose,including as admissible evidence in
any demand,presentment or other proceedings,and(iv)further agree drat any executed faesirnile{faxed),scanned,or other Imaged copy of this
dorumant or any Related Document shall be deemed to be of the same force and effect as the orip nal manually executed document.
MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
Amendments. This Deed of Trust,together with any Related Documents,constitutes the entire understanding and agreement of the parties
as to the matters set forth in this Deed of Trust. No alteration of or amendment to this Deed of Trust shall be effective unless given In
writing and signed by the party or parties sought to be charged or bound by the alteration or amendment.
Annual Reports. If the Property Is used for purposes other than Grantor's residence, Grantor shall furnish to Lender, upon request, a
certified statement of net operating Income received from the Property during Grantor's previous fiscal year in such form and detail as
Lender shall require. "Net operating income"shall mean all cash receipts from the Property less all rash expenditures made in connection
with the operation of the Property.
Caption Headings. Caption headings In this Dead of Trust are for convenience purposes only and are not to be used to interpret or define
the provisions of this Deed of Trust
Merger. There shall be no merger of the interest or estate created by this Deed of Trust with any other Interest or estate in the Property at
any time held by or for the benefit of Lender in any capacity,without the written consent of Lender.
Governing Law, This Deed of Trust will be governed by federal law applicable to Lender and,to the extent not preempted by federal law,
the laws of the State of Idaho without regard to its conflicts of law provisions, This Deed of Trust has been accepted by Lender in the
State of Idaho.
ChrAce 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.
No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such waiver is given in writing
and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any
other right. A waiver by Lender of a provision of this Deed of Trust shall not prejudice or constitute a waiver of Lender's right otherwise to
demand strict compliance with that provision or any other provision of this Deed of Trust. No prior waiver by Lender, nor any course of
dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future
transactions. Whenever the consent of Lender is required under this Deed of Trust,the granting of such consent by Lender in any instance
shalt not constitute continuing consent to subsequent Instances where such consent 1s required and in all cases such consent may be
granted or withheld in the sole discretion of Lender,
Severability, If a court of competent jurisdiction finds any provision of this Deer!of Trust to Ito Illegal,invalid,or ununforceabte as to any
Orcumstanre,that finding shall not make the offending provision illegal,invalid,or unenforceable as to any other circumstance. If feasible,
the offending provision shall be considered modified so that it becomes legal,valid and enforceable. If the offending provision cannot be so
modified. it shall be considered deleted from this Deed of Trust. Unless otherwise required by law, the illegality, invalidity, or
unonforceabllity of any provision of this Deed of Trust shall not affect the legality, validity or enforceability of any other provision of this
Deed of Trust
Successors and Assigns, Subject to any limitations stated in this Died of Trust on transfer of Grantor's interest,this heed 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 fit a person
other than Grantor, tender,without.notice to Grantor, may deal with Grantor's successors with roforenco to this Deed of'trust and the
indebtedness by way of forbearance or extension without releasing Grantor(rain the obligations of this Deed of Trust or fiability under the
Indebtedness.
Time is of the Essence, Time is of the essence in the performance of this Deed of Trust.
Waiver of Homestead Exemption. Grantor hereby releases and waives all rights and benefits of the homestead exemption laws of the State
of Idaho as to all Indebtedness secured by this Deed of Trust,
DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Deed of Trust. Unless
specifically stated to the contrary,all references to dolhtr amounts shall mean amounts In lawful money of the United States of America. Words
and terms used in the singular shall Include the plural,and the plural shall include the singular,as tho context may require. Words and terms not
otherwise defined in this Deed of Trust shall have the meanings attributed to such terms in the Uniform Commercial Code;
Beneficiary. The word"Beneficiary"means ZB,N.A.dba Mons First National Bank,and Its successors and assigns,
j Borrower, The word"Borrower"means Fulbright Investments LLC and includes all co-signers and co-makers signing the Note and all their
successors and assigns,
Deed of Trust, The words"Deed of Trust"mean this Deed of Trust among Grantor,Lender,and Trustee,and includes without limitation all
I
E
i
E
I
{
DEED OF TRUST
Loan No. 9001 (Continued) Page 9
assignment and security Interest provisions relating to the Personal Property and Rents.
Default. The word"Default'means the Default set forth In this Deed of Trust in the section tiled"Default'.
Environmental Laws. The words "Environmental Laws"•mean any and all state, federal and local statutes, regulations and ordinances
relating to the protection of human health or the environment, Including without limitation the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments and
Reauthorization Act of 1986,Pub.L.No.99-499("SARA"),the Hazardous Materials Transportation Act,49 U.S.C,Section 1801,et seq.,
the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules, or
regulations adopted pursuant thereto.
Event of Default The words"Event of Default"mean any of the events of default set forth in this Deed of Trust in the events of default
section of this Deed of Trust.
Grantor. The word"Grantor"means Fulbright Investments LLC.
Guarantor. The word"Guarantor"means any guarantor,surety,or accommodation party of any or all of the Indebtedness.
Guaranty. The word"Guaranty"means the guaranty from Guarantor to Lender,including without limitation a guaranty of all or part of the
Note.
Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical,
chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when
Improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous
Substances"are used in their very broadest sense and Include without limitation any and all hazardous or toxic substances, materials or
waste as defined by or listed under the Environmental Laws. The term"Hazardous Substances"also includes,without limitation,petroleum
and petroleum by-products or any fraction thereof and asbestos.
Improvements. The word'Improvements"means all existing and future improvements, buildings,structures,mobile homes affixed on the
Real Property,facilities,additions,replacements and other construction on the Real Property.
Indebtedness. The word "Indebtedness" means and includes without limitation all Loans, together with all other obligations, debts and
liabilities of Borrower to Lender,or any one or more of them,as well as all claims by Lender against Borrower,or any one or more of them;
whether now or hereafter existing, voluntary or Involuntary, due or not due, absolute or contingent, liquidated or unliquidated; whether
Borrower may be liable Individually or Jointly with others;whether Borrower may be obligated as a guarantor,surety,or otherwise;whether
recovery upon such indebtedness may be or hereafter may become barred by any statute of limitations;and whether such indebtedness
may be or hereafter may become otherwise unenforceable.
Lender. The word"Lender"means ZB,N.A.dba Zlons First National Bank,Its successors and assigns.
Note. The word"Note"means the promissory note dated July 18,2016,in the original principal amount of$366,000.00 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 wards"Personal Property"mean all equipment,fixtures, and other articles of personal property now or hereafter
owned by Grantor,and now or hereafter attached or affixed to the Real Property;together with all accessions,parts,and additions to,all
replacements of,and all substitutions for, any of such property; and together with all proceeds (Including without limitation all Insurance
proceeds and refunds of premiums)from any sale or other disposition of the Property.
Property. The word"Property"means collectively the Real Property and the Personal Property.
Real Property. The words"Real Property"mean the real property,interests and rights,as further described In this Deed of Trust.
Related Documents. The words 'Related Documents" mean all promissory notes, credit agreements, loan agreements, security
agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other Instruments, agreements and documents,
whether now or hereafter existing, executed in connection with the Indebtedness; except that the words do not mean any guaranty or
environmental agreement,whether now or hereafter existing,executed in connection with the Indebtedness.
Rents. The word"Rents"means all present and future rents,revenues, Income,issues,royalties, profits, and other benefits derived from
the Property.
Trustee. The word"Trustee"means TilleOne Corporation,whose address Is 1101 W.River Street,Suite 201, Boise, ID 83720 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:
i
FULDR IIT INVEST NT i LLC
By;�T
DwAyn Fulbrit t , Memher aFulbright Invostmrrrts
I LLC
I
s
i
E
I
I
i
DEED OF TRUST
Loan No: 9001 (Continued) Page 10
LIMITED LIABILITY COMPANY ACKNOWLEDGMENT
STATE OF tlu br t) )
J )SS
COUNTY OF
On this At day of In the year 20 before me Aµ)dr-e at, I nV10'
a notary flubli, in and for the State of Idaho, personally appeared Dwayne Fuibright, frteinber p#
Fuibright Investments LLC,known or identified to me(or proved to me on the oath of ),to be one of
the members or designated agents in the limited liability company of Fuibright Investments LLC,and the member or designated agent or one of
the members or designated agents who subscribed said limited liability company name to the foregoing Instrument, and acknowtodged to me
that or she execut~ea the Pame iin said limited liability company name. ) � '*�r►►e4)bl#tot��
/F .l✓) 'G . ._J ��1'�`' __ Residing atI g
Notary Public for Idaho
My commission expires !o
_
40 b
' ���,A •eat+ #�R
REQUEST FOR FULL RECONVEYANCE ''1rOF
te����°��
(To be used only when obligations have been paid In full)
To:_ Trustee
The undersigned is the legal owner and holder of all Indebtedness secured by this Deed of Trust. All sums secured by this Deed of Trust have
been fully paid and satisfied. You are hereby directed,upon payment to you of any sums owing to you under the terms of this Deed of Trust or
pursuant to any applicable statute,to cancel the Note secured by this Deed of Trust(which is delivered to you together with this Deed of Trust),
and to reconvey,without warranty,to the parties designated by the terms of this Deed of Trust,the estate now held by you under this Deed of
Trust. Please mall the reconveyance and Related Documents to:
i
Date: beneficiary: ~
By:
Its:
LaserPro,Var. 16.1.10.003 Copr. D+H USA Corporation 1997,2016. All Rights Reserved. -10 C:ICOMML1CFIfLPL1G01.FC TR-181415
PR-ZSCL
E
E
I
4
f
I
I
i
E(
{
t
3,
t
F
l
I
i
l
Exhibit A
Legal Description:
Lot 2 In Block 2 of Destination Place Subdlylslon,according to the official plat thereof,riled In Book 93 of Plats at Pages 11190,11191 and
11192,official records of Ada County,Idaho,
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO )
COUNTY OF ADA )
I, iJWo4 ge� `GfG lFiQl�V/ , 6 27.5 W r Z,4� ;l�2D f L
(name) (address)
a a> 6r / n 5< 37/ 3
(city) (state)
being first duly sworn upon, oath, depose and say :
1 . That I am the record owner of the property described on the attached, and I grant my
permission to :
(name) (address) F jjp
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 herebyant permission to City of Meridian staff to enter the subject roe for the
1�' p ty J property riY
purpose of site inspections related to processing said application(s) .
774
7
Dated this day of � iQ �! ' � f✓ 20 l
( Signature)
SUBSCRIBED AND SWORN to before me the day and year first above written .
so
fee oF or
' 4I (Notary Public for Idaho)
tooNO o;qI it foe
o"sResiding at : �► �H —
move
(P f' +r3oe !_iC My Commission Expires : 3la9 lao� �
i
Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642
Phone : 208 -884-5533 Fax: 208 =888 -6854 www. meridianciiy. org/t)lanning
O
N
E N
a
w O ) N '0 V
G
IF
r t '' ❑ ❑ t%�wO
----------- J
woLl
J
o
O
u Z
C
N0
w Q C
� (
m � O
Ell
Z =1=
Mo
.O LL
y Ow I 10
lo rn
CO
wo of
CM F-
I :..
_. 1
Z
EL 11 1
7
2 .2
i
L� f
flf , F4J I
aw 1 +)
J \ c __: y t1- i4! IIIIEIllli2 � � � `+J ?If
1\ N
f
' V /
i` fI
rn
o
Bill Parsons
From: Carl Porter <Carl@sawtoothls.com>
Sent: Wednesday, February 08, 2017 12:33 PM
To: Bill Parsons
Subject: FW: DESTINATION PLACE SUBDIVISION NO 3 NAME RESERVATION
Attachments: image002.wmz; image008.wmz; image007.wmz; image010.wmz, image002.emz
Bill
Here is the reserved name
Regards,
Carl Porter, PLS
Sawtooth Land Surveying, LLC
P:208.398.8104 • F: 208.398.8105 • C: 208.697.1994 '
2030 S.Washington Ave., EMMETT, ID 83617
This e-mail,including attachments,may include confidential and/or proprietary information,and may be used only by the person or entity to which it is addressed.If the reader of this e-
mail is not the intended recipient or his or her authorized agent,the reader is hereby notified that any dissemination,distribution or copying of this e-mail is prohibited.If you have received
this e-mail in error,please notify the sender by replying to this message by e-mail,or phone and destroy any and all copies of the correspondence and attachments.
From: Sub Name Mail [mailto:subnamemail@adaweb.net]
Sent: Wednesday, February 08, 2017 11:46 AM
To: Carl Porter
Subject: DESTINATION PLACE SUBDIVISION NO 3 NAME RESERVATION
February 8, 2017
Carl Porter, Sawtooth Land Surveying
RE: Subdivision Name Reservation: DESTINATION PLACE SUBDIVISION NO 3
At your request, I will reserve the name Destination Place Sub No 3 for your project. I can honor this reservation only as
long as your project is in the approval process. Final approval can only take place when the final plat is recorded.
This reservation is available for the project as long as it is in the approval process unless the project is terminated by the
client,the jurisdiction or the conditions of approval have not been met, in which case the name can be re-used by
someone else.
Sincerely,
Jerry L. Hastings, PLS 5359
County Surveyor
Deputy Clerk Recorder
Ada County Development Services
200 W. Front St., Boise, ID 83702
(208)287-7912 office
(208)287-7909 fax
From: Carl Porter [mailto:Carl@sawtoothls.com]
Sent: Monday, February 06, 2017 6:41 AM
To: Sub Name Mail
Subject: RE: [EXTERNAL] SUB NAME
i
Jerry
It will be reserved for Fulbright Investments LLC, (Dwayne Fulbright)
Regards,
Carl Porter, PLS
Sawtooth Land Surveying, LLC -ZI
P:208.398.8104- F: 208.398.8105 • C: 208.697.1994
2030 S.Washington Ave., EMMETT, ID 83617
This e-mail,including attachments,may include confidential and/or proprietary information,and may be used only by the person or entity to which it is addressed.If the reader of this e-
mail is not the intended recipient or his or her authorized agent,the reader is hereby notified that any dissemination,distribution or copying of this e-mail is prohibited.If you have received
this e-mail in error,please notify the sender by replying to this message by e-mail,or phone and destroy any and all copies of the correspondence and attachments.
From: Sub Name Mail [mailto:subnamemail@adaweb.net]
Sent: Friday, February 03, 2017 4:15 PM
To: Carl Porter
Subject: RE: [EXTERNAL] SUB NAME
Carl;
You can reserve Destination Place Sub No 3, but who is it reserved for?
Glen Smallwood
Surveying Technician
Ada County Development Services
200 W. Front St., Boise, ID 83702
(208)287-7926 office
(208)287-7909 fox
From: Carl Porter [mailto:Carl@sawtoothls.com]
Sent: Friday, February 03, 2017 4:10 PM
To: Jerry Hastings
Cc: gus@sawtoothls.com
Subject: [EXTERNAL] SUB NAME
Jerry,
I would like to reserve a subdivision name, I would like to have it as A Re-Plat of Lot 2, Block 2, Destination Place
Subdivision
Regards,
Carl Porter, PLS
Sawtooth Land Surveying, LLC
k P:208.398.8104- F: 208.398.8105 • C: 208,697.1994
f
2030 S.Washington Ave., EMMETT, ID 83617
i This e-mail,including attachments,may include confidential and/or proprietary information,and may be used only by the person or entity to which it is addressed.If the reader of this e-
mail is not the intended recipient or his or her authorized agent,the reader is hereby notified that any dissemination,distribution or copying of this e-mail is prohibited.If you have received
this e-mail in error,please notify the sender by replying to this message by e-mail,or phone and destroy any and all copies of the correspondence and attachments.
i
E
I
2
I
i
CITY OF MERIDIAN
PRE-APPLICATION MEETING NOTES
Project/Subdivision Name : es�� ^Q � �/&c�e 161o63 Date : 9 - f' f
Applicant(s)/Contact(s) : blrwce, aP
City Staff: Fe : kck 4 - 9 ; 1 /
Location : _/ S/o : , Ce (� (�ra �; d ,, A0 _ Size of Property : � /. 77 erc .e,5
Comprehensive Plan FLUM Designation : M u - r2
Design Guidelines Development Context: ❑ Urban ❑ Urban/Suburban ❑ Suburban ❑ Rural
Existing Use : Ila 44%0�j Existing Zoning : C - G
Proposed Use : fie s f " r-a4vf Proposed Zoning :
Surrounding Uses : _e!fa, t ,Ke . a- ./
Street Buffer(s) and/or Land Use Buffer(s) : /v ` Q loh � 7 /�e ons /0c4 / or4oNeok
Open Space/Amenities/Pathways : VA
Access/Stub Streets/Street System c,& s s 74 G.e /e 4tro, .,.1 C % � u., �
Sewer & Water Service :
Waterways/ Floodplain/Topography/Hazards : ,NA
History: A - Z016 02 � s
Additional Meeting Notes : 5ct lod ', j ;#k* " e&,p 7Ve gi.2,olDv 7C � 4 z oIC -r� 22,
J NA / 7jr2 [l J' 11cr. aoogpr 2ar4, en r .i� e. `2 d�
Wtn 6" eur tj C.2 c (S H E O C dv sit
rt4 u . re $ a �J tit, (a f1� c 1'L� ov � . �, � � � �,�,F— -� C .
O �ti to l Ae fLi , � /� laa /' G4 [/� Y`��.svenl� r ge4- -Gi404� twc l !- 6 -✓� ,
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:
Application (s) Required :
❑ Administrative Design Review ❑ Conditional Use Permit Mod ification/Transfer ❑ Rezone
❑ Alternative Compliance ❑ Development Agreement Modification ® Short Plat 4 96' do
❑ 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.
E IDIAN �' Meridian City Hall , Suite 102
33 E . Broadway Avenue
Meridian , Idaho 83642
Community Development 208 . 887 . 2211
Department
Parcel Verification
Date : 2/8/ 17
The parcel information below has been researched and verified as correct by the City of Meridian
Community Development Department .
Project Name : Destination Place Subdivision No . 03
Parcel Number : R1814730050
Acres . 1 . 771
T/ R/S : 3N 1E 17
Property Owner : Fulbright Investments, LLC
5275 N . Brookfield PI .
Boise, ID 83713
Address Verification Rev : 04/23/12
i
= I
o J � o �crSi f�,?ov
� n I
q �? -
,l / n c m
SOU7NCELESRAnONAVENUE
y y y_ 44._34�' a
G �
ODEE
N 0007'394 E � ED
_ _b . _ _ .
1
y
O `%9 CO
NN
mop obi , T ( ��� "
t mQD
rm
;ND mm Z
z
I W 1
2I ' Amy Z
1 a
zz I � "� n i mI 2r ommo
� � I
mf _ I xm m
NO 0002' E
o p 249.57'
A m
o
co
IN
4 Im O m n O
C) m Z
1
co
m O C°
m T O
O -1 1 1 �
4R
o I I zr z
a
I y
RU1.5 C1265.711
� - "
S 0024'030W 248.74'
®�
a
N � . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SO'24Yi3' W SI4.45 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
2
O
n OT � O � � 1"nTm ° OD NN
yap no
xnk S >c tv �>c AEON A �SSD NppIIO
z = mA m2p Ovm m22 Om Tim ° C G � ° O �" ❑ m (D] � � -11~IIAE -1
TO -1 � � ➢ -i Oo mImn xm OT fir- mm mttnn mAo ° I71
" 20m 00 DD ° � 2X m zmo � O SA m00m X � ' y fn
An + ms' y0 =
m � D4i � � v�i " ? y < A � 03 m1Ai: Am N � � 22 Gm5 ° � @ ° y02
m � \ oHmrcT n " o `" c Hg � � yg + mF 3v
m v. —A om ' S" 3g z �n 3 � T xo m - O ➢ y on zF u
\ yiy _ mis' no 2cm m ° ° � °myiZx I 1
M %T�: N v zo � � " o " iF o ° mFi mi 'ITg uxi °o mmm • o o O
v 1 °a °o c➢i -Aia '" oD 7a ° 'co x2 zT ° a ° -ni �i g m . mo mgm
3 n �i -mcro �nmo mo aai m � c� nzy� a i -miS xz AaXm
r O mFno °aca ma 1Eiy aZ m� OtmQ, � y ; gy m mmn � pogo I I m
\ 1 � m �� oom 'z^ Xm � 0M y3C m � �i oa ° � -Dim � ma � 4g2g m
o � a mcoma x �+ z ` g � mF ° T
ro .. � r� � 2ma me oT z �2 �' zn m � mo � go � Emma z
wo � � zAgm � o m � ? ya
Tn m y mmzmr~nm� cazir� y�n �z nza w m
a o Amy Onzxz
W
z G O
z
zom ( m �my
m ° � R � y mop �m- A°m mm om vT �o z
m m m O
i do rn O oZ2aD m3 0 � g � x � y o my � aak G�
M - �nf mb v ; "°' x i o ° ° i3 azoo R7
" O °i v n amx � A i � T z° i a o zy � nm z zz
jC m pOm � mm Dm ° m mm mM AOQ � m nm Nam wmmOm °g y + (jmj OCro2 Any =
n z & z A zz 2 z M 2z Mz �1 z z 0n10 ❑_ m c � mmm -1 m Tr' x rt1
m � ? ym Onm G � Om nm nm m = Qmm AAm Amm � ANm 2 mmO � m � C ymmD �y3mo .lmizy ? y
m2 ° O > C m e AGz1y � 3A yA ute YD � yAy AxA ZOyA z Dy�yty� zT n Vmlzmi o ° Om ZyTy =i%J3 n
� y n To OAm = mom A = AV muiTm zm YO �1 mOOo �1 T -Gatn � y C) AVyC 2 -C2 to m
y m Iy11A + m N' SOD mb m � ya>a < n mY � O In � Vim ,, mm OTO_ =p pp m n�IlycD mmmA fn �nT y O
my y�yVgto emtn2 � �'�' g1p C a C) aye om a mail yAZE Az2z 00 a mom = OODA Otm 10 it � rmn O
my A ? oto C)
y � T � AC-1y Ty rTuy � yypy TN O -aiy pv D ° v1 TA y mm ° 2 IOAA Nmm A m AF � y mmy to ' 2S nlm� y m 02 m (n - T gm FZm = pA ;u Om0 m
p m0 ° O yO a � � A yl0 � � � OyA � � mTp QUOOWZ aOAmT ° mpm012 b ' i: y Sm2r� -z1 A
� Q tans � H AT Sn O 0 a m0 � ncz] 2Z ° 2 C) � wm = � xmmy O
ZZ n mZ m y y y ,T N
+� m0 ~ �1 y? -r~' mO0 m �i y vlmOp irony Ow ? ° O ~ _ :C � � � v Soria op ? rA1
n m = A2 � DA ? I SCmA 2 = min = m apLm S mm mT3O m �
-1 TNT to � OmA T
NO uxm �
m ° ZO ymp ob Om -COpyp O ° mzm Corm A M . z `" OIm � y0ay i
o � m mo mn �i aoZZ
mmm IN y $ Goa olao m aoA °
° y0A m ZIN Gz1m oa ' m � � mm $ y T D + pm < ° ? 01yr1 � IN
) XCC z2
A m � mA ma mA " 0 -'-1 m � A zm � a m0 ° aTo H = op ym
m om mA mA 'zOozy g �
� m o � 2 � 0mo m n_ o < - °nv ymmvcai � o0
0
m -Ti
Mor ?
y
m
y
y
O
Z
r
n
C
rij
C) -)Jh � m zg myDAz c y O O
a
porn ° m y � Z = Cx
n 2 o O
O � ACFDA D � y mmm °�y O
A ° = TA mmA m = OpA -ajA O 2 p
V I°i1n :� OmTT O NA ainn D m
A moz � py on -+ m mmcmT
Po M y2 1.
A oaAn Op C OT � arAp to -21
TGI
czIn
PRO cczi v, y = m O x ioCza -
O �o y5=no m !CAq �lm m m���c1r' WNv8
n H ± S p y A Q � O m O m
r z m
� P Ny � a V � y Woo
Tit
C 801, r�nom ya _ m � Omm
b ay ° ° a y o m
m \ t � mzuT cz o - moo
AOOZ to D C N � yA
ro D � mazy ' yo m �ZOz �
M 2 y N ;0 Mz o
Z CI ° azOz
v � ' 3 � zm �A
n� azm � c m o myma
ommc
v o m
O T � AmA -r mOOr? W
� 0 0 _ M
T m En 'z = ozT^ to mmm ;
. n o ° mzMo oa =•
n^, wymy
w Z
t• � A � Z fT7
ij � m
-0 m
Am mN 3 V ° 420 2
on
got
om o -°i 60 :R 2
m ym
xmO
m ° h � � t
C) goX0 1pa � A
T o A " : �
m T
mO
i O
my D > < y N D
i Z t3x-3i I O 3 m in SO m
y
A = n < m
a mA
A A O y0 � p
nD � xm
7 n m < m�
m m a m ° mZyo
2 O OA T Du aam VJ
g g r2m � J
O p OA2 7
C A Z
DNm
x n y
_ = mmZ
rij
y
< y Zm
m
c
o
O O'' O N O yy A O NOS yn -/ — 7O7
C 92A Z -Di O Z jM x rn � OC Amx m -C Nyx T L
7 Smm 7 0 2 7 o 'NmZ A � 7 mZ -Ai m cy = a
NN0 O T y TyO ZZip � N NO °m T A < a0xg O Z
V (gginiiA O S m H ASyW D yC $ y D nG) h r O
O n p mV NO2 m � � m mC .m
4 A Z O
mp �� o A rn m ° P oT Nz ao oT aito 0 (�J
r- y W N SZPC w ° O C Ym0y -C
OS T ZO � C
2
oN O
C
oT
T A p Z x n
A yD
2 = 3 T °a omC: Si � � A oma F
o mN n H2mArn
T
PRO O =� D m raHm02:y m � y O pyAy
r;4
0 mC
F+ Oy A < m ri yyY �0M
y D OxDy � 0 p0
F' m Nym Nn it
10,
NOA m� � c xP
_ m oo o � Img
N 2 O TjZyC n
N -Nj00 � OD S � DOD
j " • \ i �Z �' p c°i 00
N tom. � yo z m mg m7
boa bni
x —°
V i z -cZ 2AD Zm O
Ap T ° x c m
3 mN pp o °o
�` O op 2v mm ox
y m � m� myAy sy
0 — N x 2m
� ° 'gym
N � m
Oy
mm N:�iim
T 3
S2
^n, g -M
-Iy
a��ow -i x
a O WODO �
to y wo° Co y D
„ � � n
`; � m