Southern Springs Building BCERTIFICATE OF ZONING COMPLIANCE REPORT
DATE: October 25, 2010
TO: Southern Springs, LLC
FROM: Sonya Watters, Associate City Planner
SUBJECT: CZC-10-066 — Southern Springs Building B
OWNER: Lawrence A. Ross
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DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Southern Springs, LLC, requests Certificate of Zoning Compliance (CZC) approval of an
additional exit from the site to the adjacent private street on the south side of the property.
The site is generally located southeast of the S. Meridian Road and E. Overland Road intersection at 1800
S. Meridian Road (Lot 9, Block 1, Southern Springs Subdivision No. 2).
DECISION
The applicant's request for CZC is approved with the conditions listed in this report.
Note: This is not a building permit. Please contact Building Services at (208)887-2211 to verify if any
additional permits and/or inspections will be required If a building permit is required, two (2) sets of
the approved plans is to be submitted to the Building Department with the permit application.
Site Specific Conditions of Approval
1. The access driveway proposed to the existing private street shall be for exit only and shall be
signed accordingly.
2. The three (3) bushes located within the area proposed for the driveway shall be relocated
elsewhere on the site.
Process Conditions of Approval
1. No signs are approved with this application. Prior to installing any signs on the property, the
applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3
Article D and receive approval for such signs.
2. The applicant shall complete all improvements related to public life, safety, and health as set
forth in UDC 11 -5C -3B. A surety agreement may be accepted for other improvements in accord
with UDC 11 -5C -3C.
3. The site/landscape plan is approved (stamped "approved" on 10/25/10 by the City of Meridian
Planning Department) with no changes.
4. The approved site/landscape plan may not be altered without prior written approval of the City of
Meridian Planning Department.
5. The applicant shall pay any applicable impact fees prior to the issuance of a building permit.
6. If any changes must be made to the site plan to accommodate ACHD requirements, the applicant
shall submit a new site plan to the City of Meridian Planning Department for approval prior to
issuance of the building permit.
Conditions Document 1 Southern Springs Building B CZC
Ongoing Conditions of Approval
1. The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets
the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth
in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14.
2. The subject property adjoins a state highway; access to the state facility is restricted as set forth
in UDC 11 -3H -4B.
3. The subject property adjoins a state highway; the only approved access to the state highway is as
shown in Exhibit B.
4. The project is subject to all current City of Meridian ordinances and previous conditions of
approval associated with this site (CUP -06-036; CZC-06-093; CZC-07-017).
5. The issuance of this CZC does not release the applicant from any previous requirements of the
other permits issued for the site.
6. The applicant and/or property owner shall have an ongoing obligation to prune all trees to a
minimum height of six feet above the ground or sidewalk surface to afford greater visibility of
the area.
7. The applicant shall have an ongoing obligation to maintain all pathways.
8. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set
forth in UDC 11-3A-11.
9. The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping
and constructed features within the clear vision triangle consistent with the standards in UDC 11-
3A-3.
ANALYSIS OF UDC REQUIREMENTS RELATED TO SITE SPECIFIC CONDITIONS:
Because the requested driveway access is to a private street, ACHD does not have jurisdiction on this
matter. However, staff did consult ACHD on the minimum off -set for driveways to an intersection and
found it is 50 feet. The proposed driveway location exceeds this amount. Therefore, staff is supportive of
the applicant's request.
CITY COUNCIL REVIEW
The applicant, Director, or a party of record may appeal this decision or a condition of approval by
requesting City Council review of this decision. All requests shall be filed in writing with the Planning
Department within fifteen (15) days of the date of this report and comply with the provisions of UDC 11-
5A -6B.
EXPIRATION
Certificates of Zoning Compliance issued in conjunction with a proposed use shall expire if said use has
not commenced within one year of the date of issuance of the Certificate of Zoning Compliance.
Certificates of Zoning Compliance issued in conjunction with construction or alteration of a structure
shall expire if said construction or alteration has not commenced within one year of the date of issuance
of the Certificate of Zoning Compliance.
In accord with the above provisions, the subject Certificate of Zoning Compliance is valid until (insert
date).
Conditions Document 2 Southern Springs Building B CZC
A. Vicinity Map & Aerial Map
B. Site/Landscape Plan
Conditions Document 2 Southern Springs Building B CZC
A. Vicinity Map & Aerial Map
Conditions Document 2 Southern Springs Building B CZC
-Akw
B. Site/Landscape Plan
Conditions Document 3 Southern Springs Building B CZC
(:��WER!JDIA,
Planning Department
IDAHO' ,� V.'ADNEMSTRATIVE REVIEW APPLICATION
'�' Isk
Type of Review Requested (check alfiiit apply
❑ Accessory Use
❑ Alternative Compliance
0 Certificate of Zoning Compliance
❑ Certificate of Zoning Compliance Verification
❑ Conditional Use Permit Minor Modification
❑ Design Review
❑ Private Street
❑ Property Boundary Adjustment
❑ Time Extension (Director)
❑ Vacation
❑ Other
Applicant Information
Applicant name: Southern Shrines, LLC Phone: 208-336-3202
Applicant address: 1412 W. Idaho Street Suite 110, Boise ID Zip: 83702
Applicant's interest in property: El Own ❑ Rent []Optioned ❑ Other
Owner name: Lawrence A. Ross Phone: 208-861-9909
Owner address: 1412 W Idaho Street Suite 110, Boise, ID Zip: 83702
Agent name (e.g., architect, engineer, developer, representative):
Firm name: Michener Investments, LLP Phone: 208-336-3202
Address: 1412 W Idaho Street Suite 110, Boise, ID Zip: 83702
Primary contact is: 0 Applicant ❑ Owner ❑ Agent ❑ Other
Contact name: Lawrence A. Ross Phone: 208-861-9909
E-mail: lawrence(cbmichenerinvestments.com Fax: 208-336-3558
Subject Property Information
Location/street address: 1800 S. Meridian Road
Assessor's parcel number(s): R8048380040
Township, range, section: L9 Blk 1 Southern Springs #2 Total acreage: 1.098
Current land use: Retail Current zoning district: City of Meridian C -G
33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org
1 (Rev. 1114108)
At nq 13
Project Description
Project/subdivision name: Southern Springs Sub #2 Lot 9 Block 1
General description of proposed project/request: To add exit from the parking area south to the private access road
immediately south of the southern edge of the propery
Proposed zoning district(s): City of Meridian C -G
Acres of each zone proposed: 1.098
Type of use proposed (check all that apply):
❑ Residential El Commercial ❑ Office ❑ Industrial ❑ Other
Amenities provided with this development (if applicable): Retail Shopping Center
Who will own & maintain the pressurized irrigation system in this development? Owner
Which irrigation district does this property lie within? Nampa/Meridian
Primary irrigation source: Surface water via pump station Secondary: City of Meridian
Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): N/A
Residential Project Summary (if applicable)
Number of residential units: Number of building lots:
Number of common and/or other lots:
Proposed number of dwelling units (for multi -family developments only):
1 Bedroom: 2 or more Bedrooms:
Minimum square footage of structure(s) (excl. garage): Proposed building height:
Minimum property size (s.f): Average property size (s.f.):
Gross density (DU/acre-total land): Net density (DU/acre-excluding roads & alleys):
Percentage of open space provided: Acreage of open space:
Percentage of useable open space: (See Chapter 3, Article G, for qualified open space)
Type of open space provided in acres (i.e., landscaping, public, common, etc):
Type of dwelling(s) proposed: ❑ Single-family ❑ Townhomes ❑ Duplexes ❑ Multi -family
Non-residential Project Summary (if applicable)
Number of building lots: Other lots:
Gross floor area proposed: Existing (if applicable):
Hours of operation (days and hours): Building height:
Percentage of site/project devoted to the following:
Landscaping: Building: Paving:
Total number of employees: Maximum number of employees at any one time:
Number and ages of students/children (if applicable): Seating capacity:
Total number of parking spaces provided: Number of compact spaces provided:
Authorization
bi�rmt applicant name:
Applicant signature: Date:
33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org
2
MICHENER
INVESTMENTSLLP
COMMERCIAL REAL ESTATE
October 13, 2010
Mr. Bill Parsons
Associate City Planner
City of Meridian
33 E. Broadway, Suite 210
Meridian, Idaho 83642
RE: Southern Springs Retail- New Exit
1800 S Meridian Road, Meridian, Idaho
Dear Mr. Parsons,
The purpose of this letter is to reduce to writing a written summary of my request to add
an additional exit to the parking area in front of my retail building at 1800 S. Meridian Road in
the Southern Springs Development. The parking lot on the northend has been experiencing
heavier parking requirements than the property to the South. I think that by adding this exit we
can better utilize the entire parking lot for both buildings. Per the attached application and
site/landscape plans I would like to add an exit from this parking area south to the private access
road immediately south of the southern edge of this property.
Please review the attached applications and site plans. If you have any further questions
please call at your earliest convenience.
Sincerely,
awrence A. Ross
1412 W. Idaho • Ste 110 • Boise, Idaho 83702 • (208) 336-3202 • Fax (208) 336-3558
www.michenerinvestments.com
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AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO )
COUNTY OF ADA )
`J 1 `I12V�( _r�Ic�ka S.l• S�i ►o
QQ (n e) 1 (address)
l)C U'1Jv 1 CiQlr\(�
(city) (state)
being first duly sworn upon, oath, depose and say:
That I am the record owner of the property described on the attached, and I grant my
permission to:
Caw ap lf\t-g- A, R o s& sdc hb 5 r sL,-,L o i i u &-6.r4 --
(name) (address)
to submit the accompanying application(s) pertaining to that property.
2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless
from any claim or liability resulting from any dispute as to the statements contained
herein or as to the ownership of the property which is the subject of the application.
3. I hereby grant permission to City of Meridian staff to enter the subject property for the
purpose of site inspections related to processing said application(s).
Dated this 130 day of C Lta V 20 i o
(Signature)
SUBSCRIBED AND SWORN to before me the day and year first above written.
(Notary Public for Idaho)
Residing at: Bn U':�-A L C\a kc -
My Commission Expires: =? - I/ - -2-c i
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(FERPAIT FEQ'
II � �<IGPI N,!.C.j
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2-,A
CULVERT MATCH
0- INVERT OF 5WALE. I'
1MINIMUM OF COVER.
6-58—j
S
'1_5T
2—WF
I—WF
CONTRACTOR TO I—GOLANDSCAPE IN
THIS AREA WAS
/
EXISTINS AND
. IN
IRRIGATION IN 11415E15 ARA - _Y ORDER TO
ACCORDIN&LY. ACCOMMODATE
—� PARKINS.
TREE PROTECTION NOTES
1. Protect :he critical root zone of the trees to be retained on site:
(Note: 0 itical root zone Is the area directly below the dripline of the tree.)
- Construct protective fencing of chain-link around the critical root zone prior to
demolition or construction.
- Do not allow compaction by equipment traffic during construction or during demolili
- Do not allow cement trucks to rinse within the protection area, anywherethat tree rc
exist or in planned
planting beds.
- Do not stockpile materials, debris or dirt within the tree protection area.
- Maintain watering within the critical root zone from mid -Apo] to mid-October at the r
of not less than the
equivalent of 1-112" of water over the entire area per week.
- Do not trench, excavate, fill or otherwise disturb the soil within the critical root zone.
- Adjust proposed improvement locations as required to avoid damaging tree roots.
2. Protect the crown and trunk of trees to be retained on site:
- Operate equipment in such a way as to avoid contact with tree trunks or branches.
- Pruning of public property trees shall be performed by a licensed arborist.
3. All trees damaged or destroyed during construction shall be replaced using the follow
criers:
Existing Tree Replacement
1" to 6" caliper.......-............................._..................... 2x callperof tree removed
76" to 12" caliper.. ....................... ................................. 1.5x caliper of tree removed
> 12" or larger caliper ................................................... 1 x caliper of tree removed
Example: Ir an o" caliper tree Is removed, an acceptable replacement would be (3) 4" caliper trees or (4)
caliper freer.
DRI() IF-r`T
icguncmcma gnu arnena when necessary. I opsou Snell be a loose, friable, sandy I
materials noxious weeds, weed seeds, rocks, grass or other foreign material and
does not meet these minimum standards, contractors are responsible to either: a)
or b.) Improve on-site topsoil with methods approved by landscape architect. Supt
quantities are insufficient. Clean topsoil of roots,. plants, sods, stones, clay lumps t
harmful to pleat growth.
If imported topsoil from off-site sources is required, provide new topsoil that is ferfil
soil, reasonably free of subsoil, clay lumps, brush, weeds and other litter, and free
than 2 inches in any dimension, and other extraneous or toxic matter harmful to pla
a. Obtain topsoil from local sources or from areas having similar soil cheroot
site. Obtain topsoil only from naturally, well -drained sites where topsoil occurs in a
b. Representative samples shall be tested for acidity, fertility and general tax
or government agency and copies of the lasting agency's findings and recommend
Architects representative by the contractor. No topsoil shall be delivered In a frozer
Acidity/alkalinity range - Ph. 5.5 to 7.6.
13.
Immediately clean up any topsoil or other debris on the site created from landscape
properly off site.
14.
All landscaped areas shall have an automatic underground sprinkler system which i
properly zoned for required water uses. Each hydrozone is to be Irrigated with sepal
15.
Planter beds and lawn areas are to have separate hydro -zones.
16.
Pop-up sprinkler heads shall have a minimum riser height of4Inches at lawn areas
17.
Planter beds are to have drip irrigation systems or pop-up spray systems. Annuals,
shrub massings shall have a pop-up spray system.
18.
Electronic water distribution/ timing controllers are to be provided. Minimum conlrollr
-Precise Individual station timing
-Run time capabilities for extremes in precipitation rates
-Al least one program for each hydrozone
-Sufficient multiple cycles to avoid water run-off
-Powerfailure backup for all programed Individual valved watering stations wi
provide water to respective hydro -zones.
19.
Individual valved watering stations will be designed and installed to provide water to
20.
-`
The irrigaticn system shall be designed to provide 100% coverage with head to heat
appropriate.
21.
Sprinkler heads shall be adjusted to reduce overspray onto impervious surfaces suc
parking area.
22.
Provide minimum (1) quick coupler valve per each (6) automatic valve zones. Apprc
Y
landscape architect.
TREE PROTECTION NOTES
1. Protect :he critical root zone of the trees to be retained on site:
(Note: 0 itical root zone Is the area directly below the dripline of the tree.)
- Construct protective fencing of chain-link around the critical root zone prior to
demolition or construction.
- Do not allow compaction by equipment traffic during construction or during demolili
- Do not allow cement trucks to rinse within the protection area, anywherethat tree rc
exist or in planned
planting beds.
- Do not stockpile materials, debris or dirt within the tree protection area.
- Maintain watering within the critical root zone from mid -Apo] to mid-October at the r
of not less than the
equivalent of 1-112" of water over the entire area per week.
- Do not trench, excavate, fill or otherwise disturb the soil within the critical root zone.
- Adjust proposed improvement locations as required to avoid damaging tree roots.
2. Protect the crown and trunk of trees to be retained on site:
- Operate equipment in such a way as to avoid contact with tree trunks or branches.
- Pruning of public property trees shall be performed by a licensed arborist.
3. All trees damaged or destroyed during construction shall be replaced using the follow
criers:
Existing Tree Replacement
1" to 6" caliper.......-............................._..................... 2x callperof tree removed
76" to 12" caliper.. ....................... ................................. 1.5x caliper of tree removed
> 12" or larger caliper ................................................... 1 x caliper of tree removed
Example: Ir an o" caliper tree Is removed, an acceptable replacement would be (3) 4" caliper trees or (4)
caliper freer.
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33 E. Broadway Ave. • Meridian, Idaho 83642
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RECORDATION REQUESTED BY: All COUNTY RECORDER J. DAVID NAVARRO AMOUNT 21,00 7
Home Federal Bonk BOISE IDAHO 04:NI PM III IIII'II'IIIIIII'IIIIIIIII�IIII I III
500 12TH AVENUE SOUTH DEPUTY Bonnie Oberbilli0
P.G. Box 190 RECORDED—REQUEST OF 186159865
NAMPA, to 63653 Tllle One
WHEN RECORDED MAIL TO:
HomeFederal Bank
500 12TH AVENUE SOUTH
P.O. BOX 190
NAMPA, ID 83653
AV/ 0212 5111,512 SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY
CONSTRUCTION DEED OF TRUST
THIS DEED OF TRUST is dated October 6, 2006, among Southern Springs, LLC, and Idaho Limited Liability
Company, whose address is % Roger Mlchener 1412 W. Idaho St. Ste 110, Boise, ID 83702 ("Grantor"): Home
Federal Bank , whose address is 500 12TH AVENUE SOUTH, P.O. BOX 190, NAMPA, ID 83653 (referred to
below sometimes as "Lender" and sometimes as "Beneficiary"); and TITLEONE CORPORATION, whose address is
1101 W. River St., Suite 201, Boise, ID 83702 (referred to below as "Trustee")
CONVEYANCE AND GRANT. Far 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 BeneRchuy, all of Grantor's right, title, and interest in and to the following described reel properly,
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 stack in utilities with ditch or irrigation rights); and all other rights, royalties,
and profits relating to the real properly, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real
Property") located in Ada County, State of Idaho:
Lots 7, 8 and 9 In Block 1 of SOUTHERN SPRINGS SUBDIVISION NO. 2, according to the official plat thereof,
filed in Book 94 of Plats at Pages 11544 through 11549, official records of Ada County, Idaho.
The Real Property or its address is commonly known as 1720, 1760, and 1800 South Meridian Road, Meridian, ID
83642.
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 at not due,
direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Grantor may be liable individually or
jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts may
be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may
become otherwise unenforceable.
Grantor presently assigns to Lender (also known as Beneficiary in this Dead of Trust) all of Grantor's right, title, and interest in and to all present
and future leases of the Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security
Interest in the Personal Property and Rents.
THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY,
IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND IBI PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE,
THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE
SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS ALSO GIVEN TO SECURE ANY AND ALL OF GRANTOR'S OBLIGATIONS
UNDER THAT CERTAIN CONSTRUCTION LOAN AGREEMENT BETWEEN GRANTOR AND LENDER OF EVEN DATE HEREWITH. ANY EVENT OF
DEFAULT UNDER THE CONSTRUCTION LOAN AGREEMENT, OR ANY OF THE RELATED DOCUMENTS REFERRED TO THEREIN, SHALL ALSO
BE AN EVENT OF DEFAULT UNDER THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
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 Grantor's obligations under the Note, this Deed of
Trust, and the Related Documents.
CONSTRUCTION MORTGAGE. This Deed of Trust is a "construction mortgage' for the purposes of Sections 9-334 and 2A.309 of the Uniform
Commercial Code, as those sections have been adopted by the Slate of Idaho.
POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Properly shall be governed by
the following provisions:
Possession and Use. Until the occurrence of an Event of Default, Grantor may If 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 EITHER IS NOT MORE THAN FORTY (40) ACRES IN AREA 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 Properly, 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 Irom the Property; (2) Grantor has no knowledge of, or reason to believe that there has
been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws,
(b) any use. generation, manufacture, storage. treatment, disposal, release or threatened release of any Hazardous Substance on, under,
about or from the Properly by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any
kind by any person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, lel 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 Properly; and (b) any such activity shell 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 Properly 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 parson. The representations and warranties contained herein are based on Grantor's due diligence in investigating the Property for
Hazardous Substances. Grantor hereby II) releases and waives any future claims against Lender ler indemnity or contribution in the
event Grantor becomes liable for cleanup or other costs under any such laws; and (21 agrees to indemnify, defend, and hold harmless
, ...A... "....;. e".. -A ..n pie...." 1"«e" Nahemne Aemanna —nai— and emenees which I ander may direcdv or indirectly sustain or
"man agano1 any enu mi memo, maaea. •^-. •..••...--••--• •••-r -..--.., _...._.. __... ___._... _.
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 Dead 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
DEED OF TRUST
Loan No: 1001001191045 (Continued) Parti z
party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior
written consent.
Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without Lender's prior written
consent. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to
replace such Improvements with Improvements of at least equal value.
Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to attend
to Lender's interests and to inspect the Real Property for purposes of 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 governmental authorities applicable to the use or occupancy of the Property, including without limitation, the Americans
With Disabilities Act. Grantor may contest in good faith any such law. ordinance, or regulation and withhold compliance during any
proceeding, including appropriate appeals, so long as Grantor has notified Lender in writing prior to doing so and so long as, in Lender's
sola opinion, Lender's interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond,
reasonably satisfactory to Lender, to protect Lender's interest.
Duty to Protect. Grantor agrees neither to abandon or leave unattended the Properly. 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.
Construction Loan. If some or all of the proceeds of the loan creating the Indebtedness are to he used to construct or complete
construction of any Improvements on the Property, the Improvements shall be completed no later than the maturity date of the Note (or
such earlier date as Lender may reasonably establish) and Grantor shall pay in lull all costs and expenses in connection with the work.
Lender will disburse loan proceeds under such terms and conditions as Lender may deem reasonably necessary to insure that the interest
created by this Deed of Trust shall have priority over all possible liens, including those of material suppliers and workmen. Lender may
require, among other things, that disbursement requests be supported by receipted bills, expense affidavits, waivers of liens, construction
progress reports, and such other documentation as Lender may reasonably request.
DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums secured by this Deed of
Trust upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real Property, or any interest in the Real
Property. A "sale or transfer" means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal, beneficial
or equitable; whether voluntary or Involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for deed,
leasehold interest with a term greater than three (3) years, lease -option contract, or by sale, assignment, or transfer of any beneficial interest in
or to any land trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real Property. If any Grantor is
a corporation, partnership or limited liability company, transfer also includes any change in ownership of more than twenty-five percent (75%) of
the voting stock, partnership Interests or limited liability company interests, as the case may be, of such Grantor. However, this option shall not
be exercised by Lender it such exercise is prohibited by federal law or by Idaho law.
TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of Trust
Payment. Grantor shall pay when due land in all events prior to delinquency) all taxes, special taxes, assessments, charges (including
water and sewer), lines and impositions levied against or on account of the Property, and shall pay when due all claims for work done on or
for services noxa d or material furnished to the Property. Grantor shall maintain the Property free or 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 Iilteen 115) days after the lion arises or, it a lien is filed, within fifteen 05) days after Grantor has notice of the filing,
secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security
satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and reasonable attorneys' fees, or other charges that
could accrue as a result of a foreclosure or sale under the lien. In any contest, Grantor shall defend itself and Lender and shall satisfy any
adverse judgment before enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety bond
furnished In the contest proceedings.
Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall
authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against
the Property.
Notice of Construction. Grantor shall notify Lender at least fifteen (161 days before any work Is commenced, any services are furnished, or
any materials are supplied to the Property, it any mechanic's lien, materialmen's lien, or other lien could be asserted on account of the
work, services, or materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor
can and will pay the cost of such improvements.
PROPERTY DAMAGE INSURANCE. The following provisions relating to Insuring the Property are a part of this Deed of Trust.
Maintenance al Interco... Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on
a replacement basis lar the full insurable value covering all improvements on the Real Property in an amount sufficient to avoid application
of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Grantor shall also procure and maintain
comprehensive general liability insurance in such coverage amounts as Lender may request with Trustee and Lender being named as
additional Insureds in such liability insurance policies. Additionally, Grantor shall maintain such other insurance, including but not Ilmited to
hazard, business interruption, and boiler insurance, as Lender may reasonably require. Policies shall be written in form, amounts, coverages
and basis reasonably acceptable to Lender and issued by a company or companies reasonably acceptable to Lender. Grantor, upon request
of Lender, will deliver to Lender from time to time the policies or certificates of insurance in form satisfactory to Lender, including
stipulations that coverages will not be cancelled or diminished without at least ten 110) 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 Director of the Federal Emergency
Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, If available, for the full
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. Lentler may make proof of loss it
Grantor falls to do so within fifteen (15) days of the casually. 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 lien
affecting the Property, or the restoration and repair of the Properly. II 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 he used first to pay any amount owing to Lender under this Deed of Trust, then
to pay accrued interest, and the remainder, it 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: 111 the name of the insurer; 121 the risks insured; 13) 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 (51 the expiration
pane of me pmmy. oramOr area, upon request m Lenuer, nave an muepenoert appraiser sausieumiy m Lenuei ueteurum am umu va.ev
replacement cost of the Property.
LENDER'S EXPENDITURES. II any action or proceeding is commenced that would materially effect Lender's interest in the Property or if Grantor
fails to comply with any provision of this Deed of Trust or any Related Documents, including but not limited to Grantor's failure to discharge or
pay when duo any amounts Grantor is required to discharge or pay under this Deed of Trust or any Related Documents, Lander on Grantor's
behalf may (but shall not be obligated to) lake any action that Lender doems 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 than bear interest at the rate
DEED OF TRUST
Loan No: 1001001191045 (Continued) Page 3
charged under the Note from the dale incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of
the Indebtedness and, at Lender's option, will 1A) be payable on demand: (RI be added to the balance of the Note and be apportioned among
and be payable with any Installment payments to become due during either (II the term of any applicable insurance policy; or (2) the
remaining term of the Note; or ICI be treated as a balloon payment which will be due and payable at the Note's maturity. The Deed of Trust
also will secure payment of these amounts. Such right shall be in addition to all other rights and remedies to which Lender may be entitled upon
Default.
WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed of Trust:
Tile. Grantor warrants that: la) Grantor holds good and marketable title of record to the Properly in fee simple, free and clear of all liens
and encumbrances other than those set forth in the Heal Property description or in any title insurance policy, title report, or final title opinion
issued In favor of, and accepted by, Lender in connection with this Deed of Trust, and (b) Grantor has the full right, power, and authority
to execute and deliver this Deed of Trust to Lender.
Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against
the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the Interest of
Trustee or Lender under this Deed of Trust, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in
such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented In the proceeding by counsel of
Lender's own choice, and Grantor will deliver, or cause to he delivered, to Lender such instruments as Lender may request from time to
time to permit such participation,
Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws,
ordinances, and regulations of governmental authorities.
Survival of Representations and Warranties. All representations, warranties, and agreements made by Grantor in this Dead of Trust shall
survive the execution and delivery of this Deed of Trust, shall be continuing in nature, and shall remain in lull lorce and effect until such
time as Grantor's Indebtedness shall be paid in lull.
CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust
Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing, and Grantor shall promptly take
such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding, but
Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Its own choice, and Grantor
will deliver or cause to be delivered to Lender such Instruments and documentation as may be requested by Lender Irom time to time to
permit such participation.
Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or
purchase in lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds of the award be applied to
the Indebtedness or the repair or restoration of the Properly. The net proceeds of the award shall mean the award after payment of all
reasonable costs, expenses, and allorneys' fees incurred by Trustee or Lender in connection with the condemnation.
IMPOSITION OF TAXES. FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes,
lees and charges are a part of this Deed of Trust:
Current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to this Deed of Trust and
take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Properly. Grantor shall reimburse
Lender for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Deed of Trust,
including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Deed of Trust.
Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Deed of Trust or upon all or
any part of the Indebtedness secured by this Deed of Trust; 12) a specific tax on Grantor which Grantor is authorized or required to
deduct from payments on the Indebtedness secured by this type of Deed of Trust; 131 a tax on this type of Deed of Trust chargeable
against the Lender or the holder of the Note: and (4) a specific lax on all or any portion of the Indebtedness or on payments of principal
and Interest made by Grantor.
Subsequent Taxes. II any lax to which this section applies is enacted subsequent to the dale of this Deed of Trust, this event shall have
the some 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 Ill pays the tax balers It becomes delinquent, or (2) contests the tax as provided above in the Taxes and
Liens saction and deposits with Lender cash or a sufficient corporate surely 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 Dead 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 shall take whatever action Is requested by Lender to perfect and continue Lender's
security interest in the Rents and Personal Property. In addition to recording this Deed of Trust in the real properly 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 Properly not affixed to the Properly in a manner end at a place reasonably convenient tq 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 leach as required by the Uniform Commercial Code) are as slated on the first page of this
Deed of Trust.
FURTHER ASSURANCES: ATTORNEY-IN-FACT. The following provisions relating to lurther assurances and attorney -m -fact are is 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 at 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 12) 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 -Feet. If Grantor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of
Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocably appoints Lender as Grantor's attorney-in-fact for the
purpose of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lender's sole
opinion, to accomplish the matters referred to in the preceding paragraph.
FULL PERFORMANCE. If Grantor pays all the Indebtedness when due, terminates the line of credit, and otherwise performs all the obligations
imposed upon Grantor under this Deed of Trust, Lender shall execute and deliver to Trustee a request lot full reconveyance and shall execute
and deliver to Grantor suitable statements of termination of any financing statement on life evidencing Lender's security Interest in the Rents
and the Perennnl Prnnerty_ Ater mrornevance tea reou!red by law shall be said by Grantor. if Permitted by applicable law.
EVENTS OF DEFAULT. Each of the following, at Lender's option, shall cons litute 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.
Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained In this Dead of Trust, the Note or in
DEED OF TRUST
Loan No: 1001001191045 (Continued)
any of the Related Documents.
Page 4
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.
False Statements. Any warranty, representation or statement made or furnished to Lander by Grantor or on Grantor's behalf under this
Deed of Trust or the Related Documents is false or misleading in any material respect, either naw or at the time made or furnished or
becomes false or misleading at anytime thereafter.
Defective Collaterallaatlon. This Deed of Trust ar any of the Related Documents ceases to be in full farce and effect lincluding failure of
any collateral document to create a valid and perfected security interest or lien) at any time and tot any reason.
Death or Insolvency. The dissolution of Grantor's (regardless of whether election to continua 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 properly, 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
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 Lander 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 sale 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. In the
event of a death, Lender, at its option, may, but shall not be required to, permit the Guarantor's estate to assume unconditionally the
obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event of Default.
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. II 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 receiving written notice from
Lender demanding cure of such default; (1) cures the default within fifteen 115) days; or (2) if the cure requires more than fifteen 1151
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 lake 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 Properly, the Trustee shall have the right to foreclose by notice and sale, and
Lender shell 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, Lander 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 or 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 ar not any
proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either in person, by agent. or through a
receiver.
Appoint Receiver. Lender shall have the right to have a receiver appointed to lake possession of all or any part of the Property, with the
power to protect and preserve the Property, to operate the Properly preceding foreclosure or sale, and to collect the Rents from the
Properly 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. Lander's right in 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 alter the Property 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, at (2) vacate the
Property immediately upon the demand of Lender.
Other Remedies. Trustee or Lender shell have any other right or remedy provided in this Deed of Trust or the Note or by law
Notice of Sale. Lender shall give Grantor reasonable notice of the time and place at any public sale of the Personal Property or of the time
after which any private sale or other intended disposition of the Personal Properly is to be made. Reasonable notice shall mean notice
given at least len (101 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 Property marshalled.
In exercising its rights and remedies, the Trustee or Lender shall be Iree to sell all or any part of the Property together or separately, in one
sale or by separate sales. Lander shall be entitled to bid at any public sale on all or any portion of the Property. Notice of sale having been
given as then required by law, and not less than the time required by law having elapsed, Trustee, without demand on Grantor, shall sell
the property at the time and place fixed by it in the notice of sale at public auction to the highest bidder for cash in lawful money of the
United States, payable at time of sale. Trustee shall deliver to the purchaser his or her deed conveying the Property so said, but without
arcs 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, lees and expenses at Trustee and of this Trust, including cost of evidence at title and
....—hla aunrneue' fan. rh— in —nontinn with rho A. Tn......hall ...1. nrneaods of —1. fn Mvmnnf of lel all xllm¢
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expended under [hisis as pr Deed of Trust, not then repaid with interest thereon as provided in this Deed of Trust; Ibl all Indebtedness secured
hereby; and lei the remainder, if any, to the person or persons legally entitled thereto.
Attorneys' Fees; Expanses. 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 attorneya' 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. Expanses covered by this paragraph Include, without limitation,
DEED OF TRUST
Loan No: 1001001191045 (Continued)
Page 5
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 lees, title insurance, and lees 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 If 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 Icl join in any subordination of 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 dead or lien, or of any
action or proceeding in which Grantor, Lender, or Trustee shall be a party, unless the action or proceeding is brought by Trustee.
Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights and remedies set forth
above, with respect to all or any part of the Property, the Trustee shall have the right to foreclose by notice and sale, and Lender shall have
the right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable law.
Success.. Trustee. Lender, at Lender's option. may from time to time appoint a successor Trustee to any Trustee appointed under this
Deed of Trust by an instrument executed and acknowledged by Lender and recorded in the office of the recorder of Ada County, Stale of
Idaho. The instrument shall contain, in addition to all other matters required by stale law, the names of the original Lender. Trustee, and
Grantor, the book and page where this Deed of Trust is recorded, and the name and address of the successor trustee, and the instrument
shall be .secured 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 telelacsimile (unless otherwise required by
law), when deposited with a nationally recognized overnight courier, or, it 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 lormal written notice to the other
parties, specifying that the purpose of the notice is to change the party's address. For notice purposes. Grantor agrees to keep Lender informed
at all times of Grantor's ..,rent 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.
INTEREST RATE SPREAD PROVISION. The Nate provides for an initial interest rate of 7.50%. The Note provides for changes in the interest
rate and the monthly payments, as follows: The initial interest rate will remain fixed for a live year period from the date of Final Construction.
Upon that rale maturity, the new rate for the next five year period and subsequent five year periods of the total 25 year amortization, will he
obtained by adding 2.75% to the then MONTHLY AVERAGE OF THE 5 YEAR US TREASURY CONSTANT MATURITY INDEX, OR IT'S
REPLACEMENT.
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 cash expenditures made in connection
with the operation of the Property.
Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to interpret or define
the provisions of this Dead of Trust.
Merger. There shall be no merger of the interest or estate created by this Deed oI Trust with any other interest or as tale in the Property at
any time held by or for the benefit o1 Lender in any capacity, without the written consent of Lender.
Governing Law. This Dead of Trust will be governed by federal law applicable to Lender and, to the extent not preempted by federal law,
the laws of the Stale of Idaho without regard to its conflicts of law provisions. This Deed of Trust has been accepted by Lender In the
State of Idaho.
Choice of Venue. If there Is a lawsuit, Grantor agrees upon Lender's request to submit to the jurisdiction of the courts of CANYON 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 Dead of Trust. No prior waiver by Lender, nor any course of
dealing between Lender and Grantor, shall constitute a waiver at any of Lender's rights or of any of Grantor's obligations as to any future
transactions. Whenever the consent of Lander is required under this Deed of Trust, the granting of such consent by Lender in any instance
shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be
granted or withheld in the sole discretion of Lender,
Severability. It a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal, invalid, or unenforceable as to any
circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other circumstance. tf feasible.
the attending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so
modified, it shall be considered deleted from this Deed of Trust. Unless otherwise required by law, the illegality, invalidity, or
unenforceability of any provision of this Dead of Trust shall not affect the legality, validity or enforceability of any other provision of this
Deed of Trust.
Successor, and Assigns. Subject to any limitations stated in this Dead of Trust on transfer of Grantor's interest, this Deed of Trust shall be
binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes vested in a person
other than Grantor. Lender, without notice to Grantor, may deal with Grantor's successors with reference to this Deed of Trust and the
Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this Deed of Trust or liability under the
Indebtedness.
Time Is of the Essence. Time is of the essence to the performance of this Deed of Trust.
Waiver of Homestead Exemption. Grantor hereby releases and waives all rights and benefits of the homestead exemption taws 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 slated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words
and terms used in the singular shall include the plural, and the plural shall include the singular, as the contest may require. Words and terms not
otherwise defined in this Dead of Trust shall have the meanings attributed to such terms in the Uniform Commercial Code:
Beneficiary. The word "Beneficiary" means Home Federal Bank , and Its successors and assigns.
Borrower. The word "Borrower" means Southern Springs, 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
DEED OF TRUST
Loan No: 1001001191045 (Continued) Page 6
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 tilled "Oelault".
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, at seq. I"CERCLA"1, the Superfund Amendments and
Reauthorization Act of 1986. Pub. L. No. 99499 ('SARA'(, the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, at seq..
the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, at 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 Dead of Trust.
Grantor. The word "Grantor" means Southern Springs, 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" can 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, stared, disposed of, generated, manufactured, transported or otherwise handled. The words 'Hazardous
Substances" azo used in their very broadest sense and include without limitation any and all hazardous or toxic substances, materials or
waste as defined by or listed under the Environmental Laws. The term 'Hazardous Substances" also includes, without limitation, petroleum
and petroleum by-products or any fraction thereof and asbestos.
Improvements. The word "Improvements' means all existing and future improvements, buildings, structures. mobile homes affixed on the
Real Property, facilities, additions, replacements and other construction on the Real Property.
Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note or
Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or
Related Documents and any amounts expanded or advanced by Lender to discharge Grantor's obligations or expenses incurred by Trustee
or Lender to enforce Grantor's obligations under this Deed of Trust, together with interest on such amounts as provided in this Deed of
Trust. Specifically, without limitation, Indebtedness includes all amounts that may be indirectly secured by the Cross-Collatoralization
provision of this Deed of Trust.
Lender. The word "Lender" means Home Federal Bank , its successors and assigns.
Note. The word "Note` means the promissory note dated October 6. 2006, in the Original principal amount Of $2,799,360.00
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. The maturity dale of this Deed of Trust is April 5, 2033. NOTICE TO GRANTOR: THE NOTE
CONTAINS A VARIABLE INTEREST RATE.
Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter
owned by Grantor. and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all
replacements of. and all substitutions for, any of such property; and together with all proceeds (including without limitation all insurance
proceeds and refunds at premiums) from any sale or other disposition of the Property.
Property. The word "Property' means collectively the Heal 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 wards "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental
agreements, guaranties, 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.
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 CORPORATION, whose address is 1101 W. River St., Suite 201. Boise, 10 83702 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:
STATE OF jA /0
COUNTYOF
By:�Y.(1
Barbara Mtchener, Member of Southern Springs,
LLC // l
Lisa H. Boas. Member of Southern Springs, LLC
LIMITED LIABILITY COMPANY ACKNOWLEDGMENT
ISS
On this / �' day of We qi- , in the year 20 0 6 , before me 44 N��_
, o notary public in and for the Slate of Idaho, personally appeared Roger Mlch¢ner, Mem er; Barbara
Mtchener, Member; Lawrence A. Baas, Member; Lisa H. Ross, Member of Southern Springs. LLC, known or identified to me (or proved to me on
the oath of I, to be members or designated agents In the limited liability company of Southern Springs,
LLC, and the members or designated agents who subscribed said limited liability company name to the foregoing instrument, and acknowledged
to T e !—tad the sem paid limited liability company name.
\i fes 41 V 4 1, l
d 4 Residing at .^.f..r)TT
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r'I
DEED OF TRUST
Loan No: 1001001191045 (Continued) Page
REQUEST FOR FULL RECONVEYANCE
(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 Dead 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 Dead of
Trust. Please mail the reconveyance and Related Documents to:
Data: Beneficiary:
BY:
IIs:
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Planning Department
CERTIFICATE OF ZONING COMPLIANCE
Application Checklist
All applications are required to contain one copy of the following unless otherwise noted:
Applicant
Staff
_ Desatiption
Completed & signed Administrative Review Application
--
Narrative fully describing the proposed use of the property, including the following:
➢ Information on any previous approvals or requirements for the requested use
i.e., applicable conditions of appLoval or Development Agreement)
Recorded warranty deed for the subject property
Affidavit of Legal Interest signed & notarized by the property owner (If owner is a corpomtmn,
submit a c:opy of the Articles of Inco oralion or other evidence to show that the pesson signing is an authorized a ent.
C/11
Scaled vicinity map showing the location of the subject property
Fire Marshall approval for access and turn around (stamped, full size site plan)
ti
Sanitary Service Company approval for trash enclosure & access drive (stamped, full size site
Ian
Civil Site/Dimension Plan —1 full size co folded to 8 %z" x 11" size
A photometric test report for any light fixture(s) with a maximum output of 1,800 lumens._
or more see UDC 11-3A-11
Copy of the recorded plat the property lies within 8 W' x 11"
Address verification letter from Development Services 887-2211
Site Plan—*1 copy (folded to 8''W' x 11" size)
The followingitems must be shown on the site Ian:
�a
• Date, scale, north arrow, and project name (scale not less than 1"=50')
• Names, addresses, and telephone numbers of the developer and the person and/or
firm preparing the plan
• Parking stalls and drive aisles
• Trash enclosures location
• Detail of trash enclosure (must be screened on 3 sides)
• 'Location and specifications for underground irrigation (pressurized irrigation can only be
waived if you prove no water rights exist to subject property)
• Sidewalks or pathways (proposed and existing)
• Location of proposed building on lot (include dimensions to property lines)
• Fencing (proposed and existing)
• Calculations table including the following:
➢ Number of parking stalls required & provided (specify handicap & compact stalls)
D Building size (sq. a.)
➢ Lot size (sq. a.)
➢ Setbacks
➢ Zoning district
• Reduction of the site plan 8 %z" x 11"
Landscape plan — *1 copy (folded to 8'h" x 11" size)
Plan must have a scale no smaller- than I " = 50'(1 " = 20' is preferred) and be on a standard
drawing sheet, not to exceed 36"s 48" (24"x36" is preferred). A plan which cannot be drawn in
its entirely on a single sheet must be drawn with appropriate match lines on two or more sheets.
The following items must be included on the landscapeplan:
• Date, scale, north arrow, and project name
33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org
N
lot Lk
*Once an application is accepted, staffwill contact you to let you know how many additional copies ofplans are
required. All plans are required to be olded to 8'/2 "x II "size.
ACHD Acceptance: Applicant shall be responsiblefor meeting the requirements ofACHD as theypertain to this
application. All impact fees, if any, shall be paid prior to the issuance of a building permit. Ifany changes must be
made to the site plan to accommodate the ACHD requirements, a new site plan shall be submitted to the City of
Meridian Planning & Zoning Department for approval prior to the issuance ofa buildingpermit. Your buildingpermit
will not be issued un1i1 ACHD has approved yourplans and all associated fees have been paid.
33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org
(Rev. 2111/2010)
• Names, addresses, and telephone numbers of the developer and the person and/or
firm preparing the plan
• Stamp/signature of a landscape architect, landscape designer, or qualified
nurse an preparing the plan
• Existing natural features such as canals, creeks, drains, ponds, wetlands,
floodplains, high groundwater areas, and rock outcroppings
-
• Location, size, and species of all existing trees on site with trunks 4 inches or
greater in diameter, measured 6 inches above the ground. Indicate whether the
tree will be retained or removed
• A statement of how existing healthy trees proposed to be retained will be
protected from damage during construction
• Existing structures, planting areas, light poles, power poles, walls, fences, berms,
parking and loading areas, vehicular drives, trash areas, sidewalks, pathways,
stormwater detention areas, signs, street furniture, and other man-made elements
• Existing and proposed contours for all areas steeper than 20% slope. Berms shall
be shown with one-foot contours
• Sight Triangles as defined in 11-3A-5 of this ordinance
• Location and labels for all proposed plants, including trees, shrubs, and
groundcovers (trees must not be planted in City water or sewer easements). Scale shown for
plant materials shall reflect approximate mature size
• A plant list that shows the plant symbol, quantity, botanical name, common name,
minimum planting size and container, tree class (I, II, or III), and comments (for
spacing, stakin , and installation as appropriate)
• Planting and installation details as necessary to ensure conformance with all
required standards
• Design drawing(s) of all fencing proposed for screening purposes
• Calculations of project components to demonstrate compliance with the
requirements of this ordinance, including:
-
➢ Number of street trees and lineal feet of street frontage
➢ Width of street buffers (exclusive of right-of-way)
➢ Width of parking lot perimeter landscape strip
➢ Buffer width between different land uses (if applicable)
➢ Number of parking stalls and percent of parking area with internal landscaping
➢ Total number of trees and tree species mix
➢ Mitigation for removal of existing trees, including number of caliper inches
being removed
removed
Reduction of the landscape plan 8 %" x 11"
Building elevations showing construction materials — *1 co folded to 8 %z" x 11" size
Reduction of the elevations 8 Y:" x 11"
Electronic version of the site plan, landscape plan, & building elevations in pdf format
submitted on a disk with the files named with project name & plan type (i.e. site plan,
landscape plan, elevations, etc.. We encourage you to submit at least one color version.
If applying for approval of a public school, provide additional information as required by
the Public School Facility supplemental checklist per '67-6519
Fee If this project had prior approval on a site plan, reduced fees may ap 1
*Once an application is accepted, staffwill contact you to let you know how many additional copies ofplans are
required. All plans are required to be olded to 8'/2 "x II "size.
ACHD Acceptance: Applicant shall be responsiblefor meeting the requirements ofACHD as theypertain to this
application. All impact fees, if any, shall be paid prior to the issuance of a building permit. Ifany changes must be
made to the site plan to accommodate the ACHD requirements, a new site plan shall be submitted to the City of
Meridian Planning & Zoning Department for approval prior to the issuance ofa buildingpermit. Your buildingpermit
will not be issued un1i1 ACHD has approved yourplans and all associated fees have been paid.
33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org
(Rev. 2111/2010)