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Aspen Dental
• .._ . __ CITY OF MERIDIAN ~ 'USZ Planning & Zoning Department 660 E. Watertower Ln., Ste. 202, Meridian, ID 83642 (208)884-5533 Phone / (208)888-6854 Fax ('FRTTFT('ATF nF 7nNTNC' C'nMPT.TAN( F. (C7.r) APPT.TCATTnN (Section 11-19-1, Zoning and Development Ordinance) PROJECT NAME: APPLICANT: ,,~~i4C' ADDRESS: ~ 7iL©~ 'K I `GC ~V 1~~ . ~~il i~ L7. ~Y ~ ~ l" PHONE: ~~ ~ ~~~~ FAX: ~~`9z7z E-MAIL: K a G ~t.a~-~ OWNER(S) OF RECORD: ~~~ ~~ w ' ~f ~ ~~ ~ ADDRESS: / 5~3 ~ G!i • ~i~ S'f , / ~~tr~ ~.(/:~~t ~ ~ ~'3 6 `~'G^' PHONE: ` 7! ~ ~ ~ FAX: ~ ~ ~ ~ ~ E-MAIL: ARCHITECT (IF DIFFERENT THAN APPLICANT): R~IJaY ~~ ~Z'~ ~t RGhF-t"['t~G~IZ.1 RI'c t~ oR ~7 ~ ADDRESS : ~L~L~I~- I ~o~"' 1'~1 E SoNTH PHONE: ~~ ~ %~`3'~7 FAX: ~~7- ~.~3 E-MAIL f"d~ ~r'Gyl W • ~t71M ADDRESS GENERAL LOCATION OF SITE: ~ ~ ~ ~ ^- ~ ~~~ 5~m~`~ TOWNSHIP, RANGE, AND SECTION: i^ _ ~ ~~ DESCRIPTION OF USE: PRESENT ZONE CLASSIFICATION: Mt-N-e~t'C 1 d I , ~+ ~.~/~'` ~ QK f do hereby affirm that I will agree to pay any additional sewer, water or trash fees or charges, if any, associated with the use that I/we have applied for, whether the use be residential, commercial or industrial in nature. Furthermore, I have read the information contained herein and certify that the information is true and correct. ,~ .~~ (~~ i $ ~~ (Ap licant's Signature) (Date) • CITY HALL ~~.w~„. . ~ ti~",q -`"""~ ~ (208) 8881433--Fax 887-4813 MAYOR ~+s,_- ~~ j Tammy de Weerd CITY OF ~~'~t"' ~ PUBLIC WORKS _ ~ M~ BUILDING DEPARTMENT CITY COUNCIL MEMBERS =- ~ ~ ~ ~~ (208) 887-2211 ~ Fax 898-9551 Keith Bird - lcn erl , ~ ~r William L.M. Nary IDAHO LEGAL DEPARTMENT Shaun Wardle ~~ ~, ~ (208) 466-9272 --FAX 466-4405 Chazles M. Rountree \'~ _ ~j "a 1 RE.i'iURr• v'- SItiCE ~ ,1903 CERTIFICATE OF ZONING COMPLIANCE* Date: June 28, 2004 Project Name: Aspen Dental Project Address: Lot 2 Block 2 Gemtone Center No. 4 - Proposed Use: Dental Office Owner: Brad J. Williams Applicant: Benchmark Construction (Contact• Clayn Sonderegger 466-9400) Zoning: I- Comments: Conditions of Approval: Project is subject to all current City ordinances and conditions of approval for the Gemtone #4 Planned Development. Si~na~e: No signs are approved with this CZC. All signs will require a separate sign permit in compliance with the sign ordinance and the original CUP for Gemtone #4. Site Plan: Staff approves the site plan stamped 6/28/04 Landscaping: All landscaping shall be installed per the approved landscape plan stamped 6/28/04. Irrigation: An underground, pressurized irrigation system must be installed to all landscape areas per the specifications provided. Parking;, Off-street parking is approved as shown on the approved site plan. Dimensions shall meet city ordinances, with parking spaces at least 9x19 and 25-foot drive aisles. Li tin :Lighting shall not cause glare or impact the traveling public or neighboring development. Trash Enclosure: All dumpsters and/or carts must be screened from view and not be visible by the public or from adjacent properties. Trash enclosures must be in the location and size as approved by SSC. Handicap-Accessibility: The structure, site improvements and parking must be in compliance with all federal handicap-accessibility requirements. ACRD Acceptance: Applicant shall be responsible for meeting the requirements of ACHD as they • pertain to this development. All impact fees, if any, shall be paid prior to the issuance of a building permit. If any changes must be made to the site plan to accommodate the ACRD requirements, a new site plan shall be submitted to the City of Meridian Planning and Zoning staff for approval prior to the issuance of a building permit. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy. A Temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a Letter of Credit or cash in the amount of 110% of the cost of the remaining improvements. A bid must accompany any request for Temporary Occupancy. Plan Modifications: The approved Site Plan and Landscape Plan, stamped 6/28/04 are not to be altered without prior written approval of the Planning & Zoning Department. No significant field changes to the site or landscape plans are permitted; prior written approval of all changes is required. Wendy atrick Associate City Planner *This letter does not indicate compliance with requirements of other departments/agencies, including, but not limited to, Ada County Highway District, Central District Health Department, a$'ected irrigation district(s), Meridian Sewer, Water, Building or Fire Departments, Sanitary Services Co., etc. This letter shall expire one (1) year from the date of issuance if work has not begun. i ~ CONTENTS OF CZC APPLICATION (Incomplete applications wild not be processed) An application for a Certificate of Zoning Compliance shall be filed with the Planning and Zoning staff by the owner of the property or the applicant of the proposed use. The application shall contain the following information: Completed and signed CZC application form. (~ The last deed of record for the subject properly. ~. Notarized Affidavit of Legal Interest (attached). /4. Four (4) copies of a detailed site plan, drawn to a scale of not less than 1"=50'. Also include Four (4) copies of an 8'/~" x 11" reduction of the site plan. ~5. Submit a scalable Vicinity Map of the subject property and surrounding properties (a map ~~ maybe obtained from the Meridian Planning & Zoning Department). /6. Three (3) copies of the landscape design in compliance with the Landscape Ordinance, drawn to a scale of not less than 1"=50'. Also, include three (3) copies of an 8 'h" x 11" reduction. See attached landscape submittal requirements. Three (3) copies of irrigation performance specifications in compliance with the Landscape Ordinance. (Form attached) (~ Written approval or a stamped site plan from Sanitary Service Company (SSC) indicating that the designs of the trash enclosure and access drive are acceptable. V'~ A calculations table that shall list the number of parking stalls, building size, lot size, ~ landscaping, open space, setbacks, fencing, screening and coverage. V 10. A written statement from the applicant detailing the proposed use(s) of the properly. Please list as many details as possible. x,/11. A fee of $60.00. AC:HD Acce an :Applicant shall be responsible for meeting the requirements of ACRD as they pertain to this application. All impact fees, if any, shall be paid prior to the issuance of a building permit. If any changes must be made to the site plan to accommodate the ACRD requirements, a new site plan shall be submitted to the City of Meridian Planning & Zoning Department for approval prior to the issuance of a building permit. ,---. STATE OF IDAHO ) COUNTY OF ADA ) ,--~ AFFIDAVIT OF LEGAL INTEREST I, ~c~ f • G~/ ~ ~~~ dwt s , 153© l.U ~ ~ ~-G ~~ ~ (name) (address) / being first duly sworn upon q (a ~ p oath, depose and say: \ 1- 1 d N , (city) (state) That I am the record owner of the property described on the attached, and I grant my permission to: G~~ ~ H ~1~~ ~~~~ Vrt-.v (name) (address) ~11~,,,~t ~~~,p ~ > ~~ ~HG~wt~-~ ~y~c~~~' I i to submit the accompanying application pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and it's 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. Dated this I ~ ~ ~ day of J ~N 1P~ , 200. (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. ,',~~ v44~•.......~ O'S' .~ '~: ~ypTARy :`Z '. V S ~~~ . * ~PUBL1~' : . ~'•, Jj, ~.'~O •'•.,~9T~ OF 1~ P~~. Commission Expires: Inc: ~~. 1 I;'~):3it} ~ Additional Irrigation Notes: • Irrigation Renuired All landscape areas regulated by the City Landscape Ordinance (12-13) shall be served with an automatic underground irrigation system. Additional requirements affecting pressurized irrigation systems can be found in City Ordinance 9-1-28. irrigation Water Source Use of non-potable irrigation water is required when determined to be available by the City Public Works Department as regulated by City Ordinance 9-1-28. If city potable water is used, a separate water meter is recommended so the owner can avoid paying sewer fees for irrigation water. Potable water shall not be used as a primary irrigation water source on non-residential lots with more than '/z acre of landscaping. Year round water availability is also required by connecting to city potable water or an on-site well as a secondary source. Certification: I, ~ ~o hereby affirm that any irrigation system installed for the proje mentioned above will be esigned and installed in compliance with the specifications and notes_stated in this form. / s Signature 6 Date ¢?; crfr-tor (9c «cc-ter (9oa) ~•eulo 4NO9 enu•nY V191 rLZ Nrld sldrJ84N Q 7 7'.2E UJ - u~E {~~ 199fB 4opl tl3NNtlld i t' tlv 'tl'I'tl 0131l93AYX 1lYONtltl • r+~n T~~.T~7~ 11 i ! Q~Q~ ~~Q~~W OIN17~ 7V1N3Q N3dSV orna~~na wa~aar! 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J ~ o-~Or• Z ~ (~ 8 ~~ ~3~~§ a~Y~iY p~a' ill m ~~~~ I '¢ 0.9~,p9. ~ ~ ~ ~ . O __ ~r~ - ~- r~ ~: a i ds~ s, a< ~~ ~ ~ v o o O~~ ~. . „ q0~ I~ ~3E~ ~~ ~ ~ ~ 3 3a I ~ O I S a _ ~~~ ~~° m 3~ ~` ~ ~ ®~ ~ ~ ~ ~~ ~ ~`' ~ ~ ~~anpn tZpZp ~ ~p 3 d u l ~ ~!3 ~ S3 O U LL z I -__ ~, 1 I _ L } ~~ G~ - i I j ~~ ~ ~ °a o •QmK L9r.W,10 N •~nv awno • IRRIGATION PERFORMANCE SPECIFICATIONS PER ORDINANCE 12-13-8 NOTE: Submit 3 copies of this completed form with any application for Certificate of Zoning Compliance (CZC). Project Name: Specifications: pf ~7 t ~~ ~~Glye ~/~avN +e?. Available Gallons per Minute: Available Water Pressure: ~ u ~ ~o ~l~'~ ~~1 Point of Connection (describe and/or submit a site plan): ~ primary C'onne tion• ~ SP~COndat~ ['onnec ion• Landscape Area: If the irrigation system is hooked to City water as a primary or secondary water source, submit the square footage of landscape areas to be irrigated.• s.f. Rackflow Prevention A backflow prevention device must be installed as required by City Ordinance 9-3. Throe g tion system must be designed to provide 100% coverage with head to head spacing or triangular spacing as appropriate. thatched Precipjtation Rates Sprinkler heads must have matched precipitation rates within each control valve circuit. Imgation 7.ones Sprinkler heads irrigating lawn or other high-water-demand areas must be circuited so that they are on a separate zone or zones from those irrigating trees, shrubs, or other reduced- water-demand areas. Sp~h nksleryheads must be adjusted to reduce overspray onto impervious surfaces such as sidewalks, driveways, and parking areas. ,/ ©• ~ ~~ ~~ N r\ ti `~' '+ ~~ o~ ~ S ~ O - '~~ c . 6 w ~ F r M d a~' _ .~M~ r V \`'~ ' ~ ~Z -~- - --- -- --- --- -- --- --- -- --- --- 1 -- U ~ a ~ '~ a ~ ~ a ~ ~ ~ x F O N ¢ ~ ` LL L a p Z O ~ F U U .. ~ _ U a 0. i~ Z a 0 ` ~ W ` W ti"1 Z U Z F ~ W ! • y v U , Q ~ C~ ,~ 4J V Q Y ,> U1 j `~ a z a~ .'` "`~ o a m z _ ~ ~ ~ N U H Z U . m d Q a .e60t t t OOSOO:~bbL f Ot h2 t :~ .~~Ob06f O.i~ i lQS b ~~ ~, Yd S4 N~ 1-IFJ flfd/t a3aa ~b~ /-Z ~/_i` ~ ~ ~ •1 ~ 3Nl C {~ ~ ~b ~~~d ~, n ~ 9 ~lda ~ x ~' ~,ruJSUO~ P~8 /u6yreQ u! P1eA+leJS e~uuuuo;red ey] fiwueS. 0046-~J9i~ (BOZ) 'L89E8 OI-tVtll `9'dWHN • ~nl}~(7'dll3Cf l4iZ •~ ~+ `: ~! 'N0/19f1~1SNOa ~~1~+~9N3H ~- AOA COUNTY RECORDER J. DAVID HAVARRO ' DfPUTYAM1chOe I~uteer~~ PM ` , RRECORD~FD~REQUESt OF III IIIIIIIIIiIIIIIII4III6IIIIIIII I III AMOUNT 21.00 _ - _ -. _ - - - Space Above This Line For Recording Data ~ ~f~,r7 1'r1t~- DEED OF TRUST DATE AND PARTIES_ the date of this Deed Of Trust (Security Instrumentt is May 14, 2003. the parties and their addresses are: GRANTOR: ASPEN DENTAL BUILDING MANAGEMENT, L_L.C. An Idaho Limited Liability Company 2248 E. ALDERHILL OR. EAGLE, Idaho $3618 BRAD J. WILLIAMS 2248 E. ALDERHILL DR. EAGLE, Idaho 83816 LAUREN 4. YUN 2248 E. ALDERHILL DR. EAGLE, Idaho 83616 JOHN D. MCMURRAY 10061 CLARKSON PL. BOISE, Idaho 8370d TRUSTEE: FIRST AMERICAN TITLE COMPANY a Corporation 731 1 POTOMAC DR 801SE:. Idaho 83704 LENDER: D.L_ EVANS BANK prgarn2ed and existing under the laws of Idaho 3845 West State Street Boise, Idaho 83703 82-01 1 741 5 1 _ CONVEYANCE_ For good end valuable consideration, the receipt and sufficiency of which is acknowledged. and to secure the Secured Debts end Grantor's performance under this Security Instrument, Grantor ~rrevocebly grants, bargains, sells and conveys to Trustee, in trust for the benefit of the Lender, with power of sale, the following described property: LOT Z IN 9LOCK ~ OF GEMTONE CENTER NO- d, ACCORbING TO THE PLAT THEREOF, FILED IN BOOK 86 OF PLATS AT PAGE(S) 968b AND 9685. RECORDS OF ADA COUNTY, IDAHO. The property is located in ADA County at tBD FLORENCE STREET, MERIDIAN, Idaho 836x2. together with sll rights. easements, appurtenances. royalties, mineral rights, oit and gas rights, crops, timber, all diversion payrr+ents yr third party payments made to crop producers and all existing and future improvements, structures, fixtures, and replacements that may now, or at any time in the future, be part of the real estate described (alt r®ferred to as Property). This Security Instrument will remain in effect until the Secured Debts and all underlying agreements have been terminated in wrlting by Lander- Z_ MAXIMUM OBLIGATION LIMIT. The total principal amount secured by this Security Instrument at any one time will not exceed S3e.3,500.00. This limitation of amount does not include interest and other fees and charges Idsho heed Or T.uzr e16~ ID~allesne~s00823900003872063061s09V °1996 Ba~ke,~ Sv~tem~. 1ne , St. Cloud. MN 9Ei:-d 80/ZO~d 885-1 1'EOYi;VE80i;+ _ 3S 109 SNY~3 10-woaj we90~l1 YO-IZ-~~f validly made pursuant to this Security Instrument. Also, this limitation does not apply to advances made under the terms of this Security Instrument to pretact Lender's security and to perform any of the covenants contained in this Security Instrument. 3. SECURED DEBTS. This Security Instrument will srlcure the following Secured Debts: A. Specific Debts. The following debts and all extensiohs, renewals, rAfinencings, rrrodifications and replacements. A promissory note, No. 2017001300/03, dated May 14, 2003, from Grantor to Lender, with a loan amount of 4343,500.00 with an interest rate based on the then currant index value as the promissory note prescribes and maturing on June 1, 2004. B. All Debts. All present and future debts from Grantor to Lender, even If tl+i9 Security Instrument is not specifically referenced. or if the future debt is unrelated to or of a different type than this debt- If more than one person signs this Security Instrument, each agrees that it will secure debts incurred either individually or with others who may net sigh this Security Instturnent. Nothing in this Security Instrument constitutes a coit+n+itment to make additional or future loans or advances. Anv such commitment must be in writing. In the event that Lender fails to provide any required notice of the right of rescission, Lender waives any subsequent security interest in the Grantor's principal dwelling that is created by this Security Instrument. This Security Instrument will not secure any debt for which anon-possessory, non-purchase money security interest is created in 'household goods` in connection with a "consumer loan,- as those terms are defined by federal law governing unfair and deceptive credit practices. This Securky Instrument will not secure any debt for which a security ihtetest is created in 'margin stock" and Lender does not obtain a 'statement of purpose,- as defined and required by federal law governing securities. G. Sums Advanced. Alt sums advenoed and expenses incurred by Lender under the terms of this Security Instrument when the evidence of indebtedness specifically steles that it is secured by this Security Instrument. 4_ PAYMENTS. Grantor agrees that all payments under the Secured Debts will be paid when due and in accvrdanee with the terms of the Secured Debts and this Security Instrument. Grantor acknowledges that the interest rate, payment terms, or balance due on the loan may be indexed, adjusted, renewed or renegotiated. 5. WARRANTY OF TITLE. Grantor warrants that Grantor is or will be lawfully seized of the estate conveyed by this Security Instrument and has the right to irrevocably grant, bargain, sell and convey the Property in trust to Trustee, with power of sale. Grantor also warrants that the Property is unencumbered, except for encumbrances of record. 6. PRIOR SECURITY INTERESTS. W[th regard to any other mortgage, deed of trust, security agreement or other lien document that created a prior security interest or encumbrance vn the Property, Granter agrees: A. To make all payments when duo and to perfotn+ yr comply with all covenants. B. To prorrrptly deliver to Lender any notices that Grantor receives from she holder. C. Not tv allow any modification or extension of, nor to request any future advances under any note or agreement secured by the lien document without Lender's prior written consent. 7. CLAl11AS ACiA1NST tITLE. Grantor will pay all taxes, assessments, liens, encumbrances, lease payments, ground rents, utilities, and other charges relating to the Property when due. Lender may require Grantor- to provide to Lender copies of all notices that such amounts ere due and the receipts evidencing Grantor's payment_ Grantor will defend title to the Property against any claims that would impair the lien of this Security Instrument. Grantor agrees to assign to Lender, as requested by Lender, any rights, claims or defenses Grantor may have against parties who supply labor or materials to maintain or improve the Property. S, bUE ON SALE. Lender may, at its option, declare the entire balance of the Secured Debts tv be immediately due and payable upon the creation of, or contract for the creation of, a transfer or sale of the Property. This right is subject to the rastrietions irnpvsed by federal law governing the preemption of stets due-on-safe laws, as applicable. 9. WARRAN?IES AND REPRESENTATIONS. Grantor makes to Lender the following warranties and representations which will Continue es long es this Security Instrument Is In effect: A. Power. Grantor is duly Organised, end validly existing and in good standing in all juriediCtiena in which Grantor operates. Grantor has the power end authority tv sn:er into 41~is transi~etian and to carry on Grantor`s business or activity as it is now being conducted arid. as applicabls, is qualified to do so in each jurisdiction in which Grantor operates. B. Authority. The execution, delivery and performance of this Security Instrument and the obligation evidenced by this Security Instrument are wkhin Grantor's powers, have been duly authorl2ed, have received all necessary governmental approval, will not violate any provision of law, or order of court or governmental agency, and will not violate any agreement to which Grantor is a party or tv which Grantor is or any of Grantor's property Is subject. C. Name and Piave of Business. Other than previously disclosed in writing to Lender, Grantor l+as not changed Grantor's name or principal place of business within the last 10 years and has not used any other trade or fictitious name. Without Lender's prior writteh consent, Grantor does not and will not use env other name and will preserve Grantor's existing name, trade names and franchises. 10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Grantor will keep the Property In good condition and rrteke all repairs that are reasonably necessary. Grantor will not commit or allow any waste, impairment> or deterioration of the Property. Grantor will keep the Property free of noxious weeds and grasses. Grantor agrees that the nature of the occupancy and use will not substantially change without Lender's prior written consent. Grantor will not permit any change in any license, restrictive covenant or easement without Lender's prior written consent_ Grantor will notify Lander of all demands. proceedings, claims. and actions against Grantor, and of any loss or damage to the Property. ASPEN DENTAL BUI{.DINp MANAGEMENT. l.l.C. `+dsl+° Wad bl t.un In,4e lDla~r~ancs00623900003872083~61403Y °1886 9Y~Ia0r6 SYOtenfm, lne., St. ~tOUO, MN @~r~' ~~qo!'2 9EZ-d 80/EO'd 889-1 YEOi+ZgE80Z+ ~ 35109 SNtlA3 l0-wo~j wel0~ll qO-IZ-~~f -_ , -No portion of the Property will be removed, demolished or materially altered without lender's prior written consent except that Grantor has the right to remove items of personal property comprising a part of the Property that become worn or obsolete, provided that such personal property is replaced with other personal property at least equal in value to the replaced personal property, free from any title retention device, security agreement or other encumbrance. Such replacement of personal property will be deemed subject to the security interest created by this Security instrument. Grantor will not partition or subdivide the Property without Lender's prior written consent. Lender or Lender's agents may, at Lender's option, center the Property at any reasonable time for the purpose of inspecting the Property. Lender will give Grantor notice at the time of or before an inspection specifying a reasonable purpose for the inspection. Any inspection of the Property will be entirely for Lender's benefit and Grantor will in nv way rely on Lender's inspection. 11 _ AUTHORITY TO PEfFiFORM, If Grantor fails to perform any duty or any of the covenants contained in this Security Instrument, Lander may, without notice, perform or cause them to be performed- Grantor appoints Lender as attorney in fact to sign Grantor's name or pay any an'IOUnt necessary for performance. Lender's right to perform for Grantor will not create an obllgetion to perform, end Lender's failure to perform will not preclude Lender from exercising any of Lender's other rights under the law or this Security Instrument. If any construction on the Property is discontinued or not carried on in a reasonable manner, Lender may take all steps necessary to protect Lender's security interest in the Property. including completion of the construction. 12. ASSIGNMENT AF LEASES AND RENTS. Grantor absolutely, unconditiohelly, irrevocably and immediately assigns, grants, bargains end conveys to Trustee. in trust for the benefit of the Lender all the right. title and interest in the following fall referred to as Property). A. Existing or future leases, subleases, licenses. guaranties and any other written or verbal agreements for the use and occupancy of the Property, including any extensions, renewals, modifications or replacements (ail referred to as Leases). B. Rants, issues ahd ptofits (all referred to as Rental, including but not limited to security deposits, minimurr+ rent, percentage rent, additional rent. common area maintenance charges, parking charges, real estate taxes, other applicable taxes, insurance premium contributions, liquidated damages following default, cancellation premiums, "loss of rents" insurance, guest receipts, revenues, reyelties, proceeds, bonuses, accounts, contract rights, general intangibles, end alt rights and claims which Assignor may have that in any way pertain to or are on account of the use or occupancy of the whole or any part of the Property. In the event any item listed as Leases or Rents is determined to ba personal property, this Assignment will also be regarded as a security agreement. Grantor will promptly provide Lender with copies of the Leases and will certify these Leases are true and correct copies. the existing Leases will be provided on execution of the Assignment, and all future Leases and any other Information with respect to these leases will be provided immediately after they are executed. Lender grants Grantor a revocable license to collect, receive. enjoy and use the Rents so long as Granter is not in default. Grantor's defeuk automatically and immediately revokes this license. Grantor will nut collect in advance anV Rents due in future lease pe-iods, unless Granter first obtains Lender's written consent. Amounts collected will be applied at Lender's discretion to the Secured Debts, the costs of managing, protecting and preserving the Property. and other necessary expenses. Upon default, Grantor will receive any Rents in trust fur Lender and Grantor will not comrriingle the Rents with any ether funds. When Lender so directs, Grantor will endorse and deliver any payments of Rents from the Property to Lender. Grantor agrees that Lender will not be considered to be a mortgagee-[n-possesston by executing this Security instrument yr by collecting or receiving payments on the Secured Debts, but only may become amortgagee-in-possession aft®r Grantor's license to collect, receive, enjoy and use the Rents is revoked by Lender or automatically revoked on Grantor's default, end Lender takes actual possession of the Property. Consequently, until Lender takes actual possession of the Property, Lender is not obligated to perform or discharge any ebligetien of Grantor under the Leases, appear in or defend any action yr proceeding relating to the Rents, the Leases or the Property, or be liable in any way for any injury or den+age to any person or property sustained in or about the Property. Grantor agrees that this Security tnstrument is immediately effective between Grantor and lender and effective as to third parties on the recording of this Assignment. As long as this Assignment is in effect, Grantor warrants and represents that no default exists under the Leases, and the parties subJect to the Leases have not violated any applicable law on leases, licenses and landlords and tenants. Grantor, at its sole cyst end expense, wilt keep, cbserve and perform,, and require ell other parties to the Leases to comply with the Leases end any applicable law. If Grantor or any party to the Lease defaults or fails to observe any applicable law, Grantor will promptly notify Lender, If Grantor neglects or refuses to enforce compliance with the terms of the Leases, then Lender or Trustee may, at Lender's option, enforce compliance. Grantor will not sublet, modify, extend, cancel, or otherwise alter the Leases, or accept the surrender of the Property covered by the Leases (unless the Leases so required) without Lender's consent. Grantor will not assign, compromise, subordinate or encumber the Leases and Rents without Lender's prior written consent. Lende. does not assume or become liable for the Property's maintenance, depreciation, or other losses or damages when Lender acts to manage, protect or preserve the Property, except for tosses end damages due to Lender's gross negligence or intentional torts. Dtherwise, Grantor wilt indemnify Lender and hold Lender harmless for ail liability, loss or damage that Lender may incur when Lender opts to exorcise any of its remedies against any party obligated under the Leases. 13. DEFAULT. Grantor will be in default if any of the following occur: A. payments. Grantor fails to make a payment in full when due. B. Insolvency. Grantor makes an assignment for the benefit of creditors or becomes insolvent, either because Grantor's liabilities exceed Grantor's assets or Grantor is unable to pay Grantor's debts as they become du®. C. Death or Ineotnpeteney. Grantor dies or is declared legally incon+petent. D. 6uslness Termination. Grantor merges, dissolves, reorganizes, ends its business or existence, or a partner or majority owner dies or is decleted legally Incompetent. EN DE 7aL BUILDIN McN~GEMENT, L.I.C_ ~n Id^I.o Owd Or Tnnt iD/air,ane~~90823900003872063a51ap3v °f996 Bankers 5»t^ma. inc.. St you d. MN E]~'.rao .~ 11 1 9EZ-d 80/q0~d 885-1 YE07Z4E80Z+ ~ 35109 SNdA3 1q-woaj wel0~ll b0-IZ-~~f ~ ~ E. Failure to Perform. Grantor fails to perform any condition or to keep any promise or covenant of this Security Instrument. F. Other Documarlts. A default occurs under the terms of any other transaction document. G. Ather Agreements. Grantor is in default on any other debt or agreement Grantor has with Lender. H. Misrepresentation. Grantor makes any verbal or wrkten statement or provides any financial information that is untrue, inaccurate, or conceals a material fact at the time it is made or provided. 1_ Judgment. Grantor fails to satisfy or sopeal env judgment against Grantor. J. Forfeiture. The property iS used in a manner or for s purpose that threatens confiscation by a legal authority. K. Name Change. Grantor changes Grantor's name or assumes an additional name without notifying Lender before making such a change. L. Property Transfer. Grantor transfers all or a substantial part of Grantor's money or property. this condition of default, as it relates to the transfer of the Property, is subject to the restrictions contained in the SUE ON SALE section, M. Property t/elue. The value of the Property declines or is impaired. N_ Material Change_ Without first notifying Lender, there is a material change in Grantor's business, including ownership, management, and financial conditions. O. Inset:urky. Lender reasonabN believes that Lender is insecure. 14. REMEDIES. Lender may use any and all remedies Lender has under state or federal law or in any instrument evidencing or pertaining to the Secured Debts. Any amounts advanced on Grantor's behalf will be immediately due and may be added to the balance owing under the Secured Debts. Lender may make a claim for any and all insurance benefits or refunds that may be available on Grantor's default. Subject to any right to cure, required time schedules or any vthe- notice rights Grantor may have under federal and state law, Lender may make all or any Part of the amount owing by the terms of the Secured Debts immediately due and foreclose this Security Instrument in a manner provided by law upon the occurrence of a default or anytime thereafter. All remedies are distinct. cumulative and not exclusive, and the Lender is entitled to all remedies provided at law or equity, whether or not expressly sat forth, the acceptance by Lender of any sum in payment or partial payment on the Secured Debts after the balance is due or is accelerated or after foreclosure proceedings are filed will not constitute a waiver of Lender's right to require full and complete pure of any existing default. sy not exercising any remedy, Lender does net waive Lender's right to later consider the event a default if it continues or happens again. 15. COLLECTION EXPENSES AND ATTORNEYS' FEES. On or after Default, to the extant permitted by law, Grantor agrees to pay all expenses of collection, enforcement yr protection of Lender's rights and remedies under this Security Instrument. Grantor agrees to pay expenses for Lender to inspect and preserve the Property end for any recordation costs of releasing the Property frbm this Security Instrument. Expenses include, but are not limited te, attorneys' fees, court costs and ocher legal expenses. These expenses are due and payable immediately. If not paid immediately, these expenses will bear interest from the date of payment until paid in full et the highest interest rate in effect as provided for in the terms of the Secured Debts. To the extent permitted by the United States genkruptcy Code, Grantor agrees to pay the reasonable attorneys' fees Lender incurs to collect the Secured Debts as awarded by any court exercising jurlsdietlon under the Bankruptcy Code. 18_ ENVIRONMENTAL LAWS ANO HAZARDOUS SUBSTANCES. As used in this section, (1) Environmental Law means, without limitation, the Comprehensive Environmental gesponse, Compensation and Liability Act (CERCLA), ell other federal, state end local laws, regulations, ordinances, court orders, attorney general opinions or interpretive letters concerning the public health, safety, welfare, environment or a hazardous substance; and (2) Hazardous Substance means any toxic, radioactive or hazardous material, waste, pollutant or contaminant which has characteristics which render the substance dangerous or potentially dangerous to the public health, safety. welfare or environment. The term Pneludes, without limitation, any substances defined as "hazardous material," "toxic substance,` 'hazardous waste," "haserdeus substance." yr "regulated substance" under any Environmental Lew. Grantor represents, warrants and agrees that: A. Except as previously disclosed and acknowledged in writing to Lender, no Hazardous Substance has been, is, or will be located, transported, manufactured, treated, refined. or handled by any person on, under or about the Property, except in the ordinary course of business and in strict compliance with all applicable Environmental Law_ ' ideho Owtl Of TruN ~OJdlrancmfl0623B000036T2063o6 7 sp3Y ates6 asntYry Svatems. Inc.. &t, aeue, MN ~r"'y~" 9EZ-d BO/50'd 885-1 4EOYZYEBOZ+ 3S109 SNVA3 1Q-wo~j we80~l1 6. Except es previously disclosed and acknowledged in writing to lender, Grantor has not and will not cause, contribute to. or permit the release of any Hazardous Substance on the property. C. Grantor will immediately notify Lender if (1) s release or threatened release of Hazardous Substance occurs on, under or about the Property or migrates or threatens to migrate from nearby property; or (21 there is a violation of any Environmental Law concerning the Property. In such an event, Grantor will txlke all necessary remedial action In accordance with Environmental Lew. D. Except as previously disclosed end acknowledged in writing to Lender, Grantor has no knowledge of or reason to believe there is any pending or threatened investigation, claim, or proceeding of any kind relating to (1) any Hazardous Substance located vn, under or about the Property; or (2) any violation by Grantor or any tenant of any Environmental Law. Grantor wil{ immediately notify Lender in writing as soon as Grantor has reason to believe there IS any such pending or threatened investigation. claim, or proceeding. In such an avant, Lender has the right, but not the obligation, to participate in any such proceeding including the right to receive copies of any documents relating to such proceedings. BEN DENTAL BUIIOINO MANAmEMQNS_ L.I.C_ 1 Inltl Ps d . tiO-lZ-urf Y . ' , • E. Esrcept as previously disclosed end acknowledged ~n writing to Lander, Grantor and every tenant have been, are and will remain in full compliance with any applicable Environmental Law. P. Except as previously disclosed and acknowledged in writing to Larder, tF+ere are no underground storage tanks, private dumps or open wells located on or under the Property and no such tank, dump or well will be added unless Lender first consents in writing. G_ Grantor will regularly inspect the Property, monitor the activities and operations on the Property, and confirm that alt permits, licenses or approvals required by any applicable Environmental Law are obtained and complied with. H. Grantor wilt permit, or cause any tenant to permit, Lender or Lender's agent to enter and inspect the Property and review all records at any reasonable time to determine l11 the existence, location and nature of any Hazardous Substance on, under or about the Property: 121 the existence, location, nature, and magnitude of any Hazardous Substance that has been released on, under or about the Property: or l31 whether or not Granter and ony tenant are in complisnce with applicable Environmental Law 1. Upon Lender's request and at any time, Grantor agrees, e! Grantor's expense, to engage a qualified environmental engineer to prepare an environmental audit of the Property and to submit the results of such audit tv lender. The choice of the environmental engineer who will perform such audit is subject to Lender's approval. J. Lender has the right, but not the obligation, to perform any of Grantor's obligations under this section at Grantor's expense. K. Asa consequence of any breach of any representation, warranty or promise made in this section, 11) Grantor will indemnify end hold Lender and Lender's successors or assigns harmless from and against all losses, claims, demands, liabilities, damages. cleanup, response and remediation costs, penalties and expenses, including without limitation all costs of litigalion and attorneys' fees, which Lender end Lender's successors or assigns may sustain; and f2) at Lender's discretion, Lender may release this Security Instrument and in return Grantor will provide Lender with collateral of at least equal value to the Property secured by this Security Instrument without prejudice to arty of Lender's rights under this Security instrument. L. Notwithstanding any of the language contained in this Security Instrument to the contrary, the terms of this section will survive any foreclosure or satisfaction of this Security Instrument regardless of any passage of title to Lender or am disposition by Lender of any or all of the Property. Any claims and defenses to the contrary are hereby waived. 17. CONDEMNATION. Grantor will give Lender prompt notice Of any pending or threatened action by private or public entities to purchase or take any or all of the Property through condemnation, eminent domain, or any ether means. Grantor suthvrizes lender to intervene in Grantor's name in any of the above described actions er claims. Grantor assigns to Lender the proceeds of any award or claim for damages connected with a condemnation or other taking of all or any part of the Property. Such proceeds will be considered payments and will be applied as provided in this Security Instrument. This assignment of proceeds is subject to the terms of any prior mortgage, deed of trust, security agreement or other lien document. 16. ESCROW FOR TAXES ANb INSURANCE_ Grantor will not be required to pay to Lender funds for taxes and insurance in escrow. 19. CO-SIGNERS. If Grantor signs this Security Instrument but does not sign the Secured Debts, Grantor does so only to convey Grantor's interest in the Property to secure payment of t1'+e Secured Debts and Grantor does not agree to be personally liable on the Secured Debts. If this Security Instrument secures a guaranty between Lender and Grantor, Grantor agrees to waive any rights that may prevent Lender from bringing any action or claim against Grantor or any party indebted under the obligation. These tights may include, but are not limited to, env anti- def,ciency or one-action laws. 20. SUCCESSOR TRUSTEE. Lender, at Lender's option, may from time to time remove Trustee and appoint a successor without any othtlr forrr,alitY than the designation in writing. The successor trustee, without conveyance of the Property, will succeed to all the title. power and duties conferred upon Trustee by this Security Instrument and applicable law. 21. WAIVERS. Except to the extent prohibited by law. Granter waives al! gpprais@ment and hvmestEad exemption rights relating to the Property. 22. DECLARATION. Grantor declares that the Property ~s either not more then forty acres in area or that the Property is IOCeted within an incorporated city or village. 23. FIXTURE FILING. Grantor gives to Lender a security interest in all goods that Grantor owns new or in the future and that are or will become fixtures related to the Property. 24_ APPLICABLE LAW. This Security Instrument is governed by the laws of Idaho, except to the extent otherwise required by the laws of the jurisdiction where the Property is located, and the United States of America. 25. JOINT ANp INDIVIDUAL LIABILITY ANO SUCCE350RS. Each Grantor's obligations under this Security Instrument are independent of the ebligations of any other Grantor. Lender may sue each Grantor individually or together with any other Gtentor. Lender may release any pert of the Property and Grantor will still be obligated under this Security Instrument for the ren+sining Property. the duties and benefits of this Security Instrument will bind and benefit the successors and assigns of lender end Grantor. 26, AMENDMENT, INTEGRATION AND SEVERA6ILITY. This Security Instrument may not be amended or modified by oral agreement. No amendment or modification of this Security Instrument is effective unless made in writing and executed by Grantor and Lender. This Security Instrument is the corr+plete and final expression of the agreement. If any provision of this Security Instrument is unenforceable, then the unenforceable provision will be severed and the remaining provisions will still be enforceable. id.-,o o..d of T.,~.+ .. ~ ....._...,~..~ ......- iQidM.ane~sobB2B9dt10iS~tli2tl63061dp3y 01$96 Bankers Systems. Inc.. St. C~e„d. UN 9EZ-d 80/90~d 889-1 g609ZYE80Z+ _ 3S109 SNtlA3 1t]-wo~j we80~l1 90-1Z-u~f _ ~ 27. INTERPRETATION. Whenever used, the singular includes the plural and the plural includes the singular. Th® section headings ere for convehience only end ere not to b® used to interpret or define the terms of this Security Instrument. 78_ NOTICE, FINANCIAL REPORTS ANO ADDITIONAL DOCUMENTS. Unless otherwise required by law, any notice will be given by delivering it or mailing it by first class mail to the appropriate party's address listed in the DATE AND PARTIES section, or to any other address designated in writing. Notice to one party will be deemed to be notice to alt parties. Oterttor will inform Lender in writing of any change ih Grantor's name, address or other application information. Grantor will provide Lender any financial statements or information Lender requests. All financial statements and Information Grantor gives Lender will b® correct end con+plete. Grantor agrees to sign, deliver, and file any additional documents or certiflcatlons that Lender may consider necessary to perfect, continue, end preservo Grantor's obligations under this Security Instrument and to confirm Lender's lien status on any Property. Time is of the essence. SIGNATURES. By signing, Grantor agrees to the terms and covenants contained in this Security Instrument. Grantor also acknowledges receipt of a copy of this Security Instrument. GRANTOR: L.L.C. t1NA E~''+..~ ' ~1eq J• e~~ NOT ~~, ~ i4 ~ ~ ie •~ ~ G ~ BLtC ~ay~ .fie ~~` ACKNOWLEDGMENt. 7•~f IDAHO ~•+'~ IlndlW~du(,a~l) ~eeeeeeeeeeNe• ~~iZs1~ ____ OF V OF i~~Q ss- On this / y day of Rl(t before me ~Q Uhrl-r1`i~ 11i a Notary Public, pet ovally appeared BRAD . WILLIAMS ,LAUREN A. YUN and JOH~ D. MCMURpAY known or identified to me (or proved to me on the oath of 1, to bs t person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/sh the executed the same. My commission expires: /~~-~,r ` C~- d~~I~t~ Ljo'1~. ~~O (Business or Ent:tyl II~~ OF I OF _ 1`~ ~_ d ss. On this U day of meN ~ {~~ before me, ~ a Notary Public, perso ally appeared BRAD J. WtLL1AMS, LAUREN A. YU and JOHN ' D CMD CM MURRAY, known or ldeniifif:d to me (or proved to me on the oath of I to be the MANAGER, MANAGEp and MANAGER, of the Linked Liability Company that executed the instrument or the parson who executed the ins rument on bah If of said Limited Liability Company, and etknowledged to me that suc Limited Liability Co pan xecuted the me. My commission expires: q~`-0.~ penef~.e public) _ ~° ~1~1 A t, s~ ~W/~j ~~~rf ~* Norq 'y 1 ~~`'~.e, b°Z~GBtIG } A ~~. .~ .~ '~ f-' '•~..e~•'0 .•~ •, ~e~F a.D Ai aee•~e• ~deMe 4eeA Of Tens - - -- - - - ----- IB l 10(dMrenrsC0 8 23900 003 87 206 206 1a03Y m1996 Banker= Svstee+s, inc.. St. Loud. MN ~t~i~{ 9EZ-d 80/LO~d 865-1 1'EOYZi•E60Z+ 3S109 SNVA3 l0-woad wegp:ll qO-IZ-~~f t - -t ' '~ REQUEST FpR RECONVEYANCE (Not to be completed until paid In dull) TO TRUSTEE: The undersigned is the holder of the note or notes secured by this Security Instrument. Said note or notes, together with all other indebtedness secured by this Security Instrument, have been paid in 4u11. You are hereby directed to cancel this Security Instrument, which Is delivered hereby, and to reconvey, without warranty, all the estate now held by you under this Security Instrument to the person or persons legally entitled thereto. (Authori'zed Lender 5lgnaturef 1l7atef ASVEN OENTS~ gulLplNG MANAGEMENT, ~.~.C. Idehe Deed O( Trlgf IMibJh '~. iD/ditrenebo09235000039726®305ia03Y °t996 Bs~ters Sysm~nt, Inc., st. loud, Mk F~o~' agv 7 9EZ-d 80/80~d 885-1 g60gZ4E80Z+ t 3S109 SNtlA3 l4-wo,i~ wepl:ll qO-IZ-un~