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FAMCO Warehouse Addition CZC 02-012 HLIB OF TRF~ISURE I~ALLEY MAYOR A Good Place to Live LEGAL DEPARTMENT Robert D. Carrie CITY OF MERIDIAN (208) 288-2499 • Fax 288-2501 CITY COL7NCIL MEMBERS PUBLIC WORkS Keith Bird 33 EAST IDAHO BUILDING DEPARTMENT Tammy deweerd MERIDIAN, IDAHO 83642 (208) 887-2211 • Fax 887-1297 Cherie McCandless (208) 888-4433 • FAX (208) 887-4813 PLANNING AND ZONING City Clerk Office Fax (208) R88-421 R DEPARTMENT William L.M. Nary (248) 884-5533 • FAX 888-6854 CERTIFICATE OF ZONING COMPLIANCE* Date: March 25, 2002 Owner: Martin A. Artis (FAMCO) Address: 649 N. Ralson St. (Lot 4, Block 2 Railside Park Subl Proposed Use: 10,000 s.f. Wazehouse Addition (25k s.f. existing Zoning: I-L COMMENTS: Signage:. No signs are approved by the issuance of this certificate. All new signs require a sign permit from the City of Meridian prior to installation. Landscaping: Landscaping shall be installed as depicted on the approved Landscape Plan (stamped 3-25- 02). The following design guidelines for the stormwater swale at the west end of the lot are encouraged (see City Ord. 12-13-11): 1. The swale shall be vegetated with grass or other appropriate plant materials. 2. A rock sump may be incorporated into a vegetated Swale to facilitate drainage. The sump inlet may not exceed more than five (5) feet in any horizontal dimension. Crrates for sand/grease interceptors may also be incorporated, but the inlet structure may not exceed two (2) feet in any horizontal dimension. 3. Organic mulch should not be used against drainage catch basins due to potential sediment clogging. 4. Slopes should be less than 3:1 (horizontal:vertical} for accessibility and maintenance. S. The stormwater facility should be designed free-draining with no standing water within 24 hours of the completion of a storm event. LiLighting: All new lighting, whether attached to the building or placed within the pazking area, shall not cause glare or impact the traveling public or neighboring developments, as determined by the City. Pazking: No new pazking stalls aze proposed on the lot. The Applicant has stated that no new employees aze anticipated. Off-street parking requirements for manufacturing uses are tied to the total number of employees. The City reserves the right to require additional off-street parking in the future if the number of employees increases to the point that the existing 24 stalls are inadequate. ADA: All construction and site improvements shall be in compliance with the Americans with Disabilities Act (ADA). Architect shall certify that the proposed project meets federal accessibility requirements. • • Certificate of Occupancy: All required improvements must be completed or installed prior to obtaining a Certificate of Occupancy. A temporary Certificate of Occupancy may be obtained by posting a bond or other certified funds in the amount of 110% of the improvements that remain to be completed. ACRD Acceptance: Applicant shall be responsible for meeting the requirements of ACRD 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. Plan Modifications: The Site Plan is not to be altered without prior written approval of the Planning & Zoning Department. No field changes to the site plan are permitted; prior written approval of all changes is required. City's failure to specifically identify ordinance requirements in this Certificate of Zoning Compliance does not relieve owner of responsibilityfor compliance The site plan and landscape ,plan stamaed 3/?5/02 aze approved with the comments noted above " `..J~~KlfK Brad Hawkins-Clark (For Shari Stiles) Planning & Zoning Administrator *Receipt of a Certificate of Zoning Compliance does not indicate compliance with requirements of other departments/agencies, including, but not limited to, Ada County Highway District, Central District Health Department, affected irrigation district(s), Meridian Sewer, Water, Buildutg or Fire Departments, etc. 'this certificate shall expire one (1) year from the date of issuance if work has not begun. Tuesday, March 12, 2002 ACHD To Whom It May Concern: My name is Martin Artis. My wifie and i own the property at 649 N. Raistin, Meridian 1D, 83642. I also own the business located on same property. The property was developed in 1999 and my manufacturing business, FAMCO, was relocated to Meridian. The growth of the business required more space and the same need arises again. We plan to add 10,000 square feet to the existing 26,000 sq. ft structure. The extension will allow our production department to grow and the new space will allow for our new warehouse to accommodate more inventory. We don't see an increase in truck traffic or new employees. The design wi11 match the existing structure of steel building and brick wainscot on exterior of building. The interior will be open for maximum storage and shipping requirements. The major improvements to the interior wilt be fighting and heating, since little else is required. Sincerely, nn Martin A. Artis Artco LLC. Member • • CONTENTS OF CZC APPLICATION (Incomplete applications will 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 property. - ;~, ~! Notarized Affidavit of Legal Interest (attached). Four (4) copies of a detailed site plan, drawn to a scale of not less than 1 "=50'. Also include an 8 '/z" x 11" reduction. - _r/ .i,5. Three (3) copies of the landscape design in compliance with the Landscape Ordinance, drawn to a scale of not less than 1 "=50'. See attached landscape submittal requirements. --6: - Three (3) copies of irrigation perforn~ance specifications in compliance, with the Landscape Ordinance. 7~ Written approval or a stamped site plan from Sanitation Service Company (SSC) indicating that the designs of the trash enclosure and access drive aze acceptable. ,,8( A calculations table that shall list the number of pazking stalls, building size, lot size, landscaping, open space, setbacks, fencing, screening and coverage. A written statement from the applicant detailing the proposed use(s) of the property. Please list as many details as possible. of A fee of $60.00. ACRD Acceptance: Applicant shall be responsible for meeting the requirements of ACRD as they pertain to this application. AD 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. ltc~i~. ' ! u. _03/ Y,~,,;: ~, .~' r,:~~. iY ,,,:. MON 17:49 FA% 2083 0874 KURT D. KROLL .:,. ~~:~ ' - : ' ~ ~ ° ~ AFFIDAVIT OF LEGAL [NTEREST STATE..OF IDAHO ), ~~ ') COUNTY OF ADA ) (name) (address) fin; being first duty sworn upon r'r y~~'~~'~ ~ :, ---. ~~.~ ~,~~ oath, depose and say: (city): (state) :1.: ~.: • ' ~'lat~~ ~ii~ ~14~cecord owner of the property descn'bod on the attached, and I grant my - permissibn~to:. C~jooz . , .~-~'~KUt1l• ~ct~cw,a~ S9S A-~~ccaNA g`i~~ Rp~st, 837ot ... (name) (address) . '...-A~ .. .. .. ' to submit the accompanying application pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and it's empbyees ha~mnless from any. claim or liability resulting from any dispute as to the statements cotttatned herein or as ~to the ~owaership of the property, which is the subject of the application. My Comm. Exn~res ,. •~~~~ :r,; t" CALCULATIONS TABLE FOR FAMCO BLDG. ADDITION 649 N. RALSTIN ST. MERIDIAN, IDAHO PARKING STALLS 24 BLDG. SIZE 34,933 S.F. LOT SIZE 93,862 S.F. LANDSCAPING APROX. 4,060 S.F. OPEN SPACE APROX. 10,140 S.F. BLDG. SETBACKS WEST=52' NORTH= 20' EAST= 60' SOUTH=82' FENCING GARBAGE AREA IS FENCED AND SCREENED FROM VIEW. SCREENING/COVERAGE $ E~ ~~p~ N E~ ~~~~~ ~~~~~~~ gm~~Fm~ ~ 04" ~~~ ~€~ ~~~~g~ ~~ "~~mo s~ ~n €~~ & ~~ Y °z ~ ~ ~ c~C \ \ ~ v .., ®. a ~ I y„(~.)c. Q r ., x S v...j I{ ~g ale $ a' ~ m ~ o~ O t" m ~:~ r r~ a d ~ ~~~ $~_~ zr0 ~ z a ~ ~ ~ ~ 9 ~ € ~ ~ S € ~ ~ ~ R ~ ~~ Z ~~ ~!', ~ o o A ----- ------- -- - - ---------- A m ~~ ~ ~,~~_ co B~al_®i~c ,®,®~i~_0ori-_ PINN ~ o ~/ 0 ~ ~ 0 ~ C=_ t~ D-.~i_D`C Engineers, Inc. n a m o E _ PROFESSIONAL CO NSTR VCTORS_ INC. ~~~~~~ °~, u9 _ - - _.__ T1.. - _ _ ---- 3 b }ee5 s '' 5 ~L ~eoe= s 1805.00 IeOe. a7 s~ ae0}.~ ~ 0 f 0 0 o ~ a34 ~t N ~~ 1ee}, ~€ ~ , ~~ ' a' 5 J • ' ~~ S a ( CY G1 0} s(e•) s(e•) x ~ s(e~ CI, N. RALSTIN STREET b" Mar 19 02 01:36p ~kwell ~-Q889 p.l ,,' ~ .~ ~„~ _~ ~i 1 ~~I i,~ l ~v26 G o ,¢~ ~----~..~_ ~ s ,r'r- ~ ~ I i t it ,~~,`"` - i i f iii i t ~--- I (~~ ,~~~ ~~~ ~ ~- i -- -~ - ~ _- ia1~'~ ~ ~ a ~ ~ ~ ~ 1 i I ~ • i / ,~ _ ~ ~ r ~ ''~.~ ~ ~ ~ ~ ICJ ~ "a . _. r8°i ~ ~- ~~~ ~ N. RALSTIN STREET ' • • ~'~DED-REDUEST OF f ~ ~~ 1o3~ri3~~ AOA COUtITY RECD DER J. DAYID NAVAR 0 Rol~E.IDAt1o FEE" DEPUTY 1999 AU 20 PPi t45~ 99083972 WHEN RECORDED MAIL TO: U.S. Bank National Association Commercial Loan Service West P.o. Box 5308 Tr ~rv~71~WTIQ~ ~'m,~' g~ 6~~,~OW Portland, OR 97228-5308 SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY (,~banka MODIFICATION OF DEED OF TRUST THIS MODIFICATION OF DEED OF TRUST IS DATED AUGUST 20, 11199, BETWEEN ARTCO, LLC, AN IDAHO LIMITED LIABILITY COMPANY (referred to below as "Grantor"), whose address is 5907 LUBKIN ST., BOISE, ID 83704; and U.S. Bank National Assocfatlon (referred to below as "Lender"), whose address is 675 North Milwaukee, Boise, ID 83704. DEED OF TRUST. Grantor and Lender have entered Into a Desd of Trust dated F~ebruery 11, 1999 (Ihe "Deed of Trust") recorded in ADA County, Slate of Idaho es follows: // RECORDED FEBRUARY 11, 1999 AS INSTRUMENT N0.99013657 WITH ADA COUNTY RECORDER REAL PROPERTY DESCRIPTION. The Deed of Trust covers the following described real property (the "Real Properly") recorded in ADA County, Stale olldaho: LOT 4 IN BLOCK 2 OF RAILSIDE PARK SUBDIVISION, ACCORDING TO THE OFFICIAL PLAT THEREOF, FILED IN BOOK 73 OF PLATS AT PAGES 7661 AND 7562, RECORDS OF ADA COUNTY IDAHO. The Real Property or its address is commonly known as 649 NORTH RALSTIN ST., MERIDIAN, ID 83642. MODIFICATION. Grantor and Lender hereby modify Ihe Deed of Trust as follows: AMEND PARAGRAPH DEFINITIONS SUB-PARAGRAPH NOTES AS FOLLOWS: THE WORD "NOTE" MEANS THE PROMISSORY NOTE DATED AUGUST 20, 1999 IN THE ORIGINAL AMOUNT OF ~ FROM GRANTOR TO LENDER, TOGETHER WITH ALL RENEWALS, EXTENSIONS, MODIFICATIONS, REFINANCINGS, AND SUBSTITUTIONS FOR THE NOTE. THE MATURITY DATE OF THE NOTE IS AUGUST 20, 2009. CONTINUING VALIDITY. Except as expressly modified above, the terms of Ihe original Deed of Trust shall remain unchanged and in lull force and effect. Consent by Lender to this Modification does not waive Lender's right to require strict performance of Ihe Deed of Trust as changed above nor obligate Lender to make any future modifications. Nothing in this Modification shall constitute a satisfaction of the promissory note or other credit agreement secured by the Deed of Trust (Ihe "Note"). It is the intention of Lender to retain as liable ell parties to Ihe Deed of Trust and ail parties, makers and endorsers to the Note, including accommodation parties, unless a party is expressly released by Lender in writing. Any maker or endorser, including accommodation makers, shall not be released by virtue of this Modification. If any person who signed the original Deed of Trust does not sign This Modification, Ihen all persons signing below acknowledge Thal this Modification is given conditionally, based on the representation to Lender that Ihe non-signing person consents to Ihe changes and provisions of this Modification or otherwise will not be released by it. This waiver applies not only to any initial extension or modification but also to all such subsequent actions. EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MODIFICATION OF DEED OF TRUST, AND EACH GRANTOR AGREES TO ITS TERMS. GRANTOR: AR1'CO, LLC (~ By: ` ~ ~5 MARTIN A. ARTIS, Member LENDER: U.S. Bank,,N~~ti nne~t~Ac~~latlon By: ~g- ~ , Aul rued Officer By: 7J~f ~ MARYANN U. IS, Member LIMITED LIABILITY ,~. ~v~~...»»~O -.,. srareoF I~~}rw ) a,~ 1t NOr' 9yy )sS- ! ~. R~r: COUNTY OF ~b h ) L y ~ AG ~ ? O y 9 . eLiC ~; * ~= On Ihis ZU day of ~ U V UST , in the year,t~~•~@fEr~~•~, ~ I,A-r~ ~ . l' GN~4 cJA"~~ , a notary public in and for the Stale of Idaho, personally appeared MARTIN A. ARTfS'Mrleabef'ol AR CO, LLC, known or identified to me (or proved to me on Ihe oath of ), to be one of Ihe members or designated agents in the limited liability company of ARTCO, LLC, and the member or designated agent or one of Ihe members or designated agents who subscribed said limited liability company name to the fore 'ng slrymsn~end acknowledged to me that he or she executed Ihe same in said limited liability company name. L~G Resfdingat ~LL ~I1/Mfr+ Notary blic for Idaho My commission e%pires g 137 I'~-oe rf n2 ~, ~. ~i bV~B lot 1)$•-20-1999 • MODIFICATION OF DEED OF TR~ Page 2 (Continued) LIMITED LIABILIT,YaatCla~IPANY ACKNOWLEDGMENT .•'~~~,PN L' 6~ ~~''• .• y .«•« Nd •.. STATE OF (~A?-fV •~ ~` ~ ~ y •• COUNTY OF T'~"P i to-~~ai,`~~ f' = d = L~y~~,y tlCIC f.*,, On This ,v 7$ day of ~LdST •••4, Id1~ ~~~ 5 ~, before me ~-YL.r,+1 L `~ T~~"~'~ _, a notary public in and for the Stale of Idaho, personally appeare~ld~~•111R~~S, Member of A~TCO, LLC, known or identified to me (or proved to me on the oath of as"a)11A~~e one of the members or designated agents in the limited liability company of ARTCO, LLC, end the member or designated agent or one of the members or designated agents who subscribed said limited liability company name to the fore~n instrument, end acknowledged to me that he or she executed the same in said limited liability company name. Residing at ~~ l ~ t tDA-Na Notary ~i blic for Idaho ,'/ My commission expires 8 ~ J 1 ~bo Uy- LENDER ACKNOWLEDGMENT L. B •• ~~, N ,•''••, STATE OF ~A'FW • ...._ * t~ NOT ~'•~9Q .)ss COUNTY OF A t '~A a .1 y~i~~ S7,• 6 ' b ` On this ZOO day of ,:9j ~ ~rC .'~ ~' Jn the year 19~, before me mil-+Lr+*~ ~ n~~A"`fl , a notary public in and for the Slate of Id IQJe~S non99 ~ear~ rJA•o ,known or identified to me (or proved to me on the oath of O ID A ~`~ ), to be ti4s, w+r' ,authorized agent For the Lender that executed the within end foregoing ins ~lyd acknowledged sal instrument to be the free end voluntary act end deed of said Lender, duly authorized by the Lender Through its board of directors or otherwise, for the uses and purposes therein mentioned, and on oath staled That he or she is authorized to~saidJn~nl and That the seal affixed is the corporate seal of said Lender. ~~ Residing at ~c.r.k (ahrrs7 Notary Publi or Idaho My commission expires $ ~~' ~ aoo~ LASER PRO, Reg. U.S. Pal. 6 T.M. OI I., Vor. 9.28c (c) 7 eaB OFI ProServices, inc. All rights resarvatl. IIO-0202 F3.28 ART.L N CB.OVLI WHEN RECORDED MAIL TO: U.S. Bank National Assocleiton commercial Loan service west P.O.BoX 5308 Portland, OR 97228-6308 -S7~~ot~Ya [bank. .`IDA ,~. X999 +! TITLE 8~ ~RV,N R.ECOROE QUEST OF i~TY RECDRI?ER ~I~ NA~ARRfl F[...~~ U --_____ ~~~ x:02 99013857 SPACE ABOVE THIS LINE I$ FOR RECORDER'S USE ONLY CONSTRUCTION DEED OF TRUST THIS DEED OF TRUST lS DATED FEBRUARY 11, 19x9, among ARTCO, LLC, whose address is 5907 Lublt7n Street, Boise, ID 83704 (referred to below as "Grantor"); U.S. Bank National Association, whose address is 675 North Milwaukee, Boise, (D $3704 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and U.S. BANK TRUST COMPANY, National Association, whose address is 179 S. W. Fifth Avenue, Portland, Oregon 97204 {referred to below as 'Trustee"). CONVEYANCE AND GRANT. For valuable conslderatlon, Grantor does hereby Irrevocably grant, bargain, self and convey to trust, wiih power of safe, to Trustee ror the benefit of Lender as Beneficiary, all of Granior's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and factures; all easements, rights of way, and appurtenances; au water, water rights and ditch rights (including s}ock in utilities with ditch or irrigation rights); and all other rights, ro altles, andprofits relating to the reel property, including without Ilmltation all minerals, oU, gas, geothermal and similar matters, IOCBted In Ada. ~ounty, 5t8te Of [flaho (the "Real Property"}: LOT 4 iN BLOCK 2 OF RAILSIDE PARK SUBDfVISION, ACCORDING TO THE OFFICIAL PLAT THEREOF, FILED IN BOOK 73 OF PLATS AT PAGES 7567 AND 7562, RECORDS OF ADA COUNTY IDAHO. The Real Property or its address is commonly known as f49 North Raistln St., Meridian, ID 83642. Grantor presently assigns to Lender (also known as Beneficiary In this Deed of Trust} all of Grantor's right, title, and interest in and to all present and future leases of the Property and all Rents from th9 PropeRy. In addition, Grantor grants lender a Uniform Commercial Code security interest in the Rants and the Personal Property defined below. DI=FINITIQNS, The following words shalt have the following meanings when used in this Deed of Trust Terms not otherwise defrned in this Deed of Trust shall have the meanings attn'buted to such terms in the Uniform Commercial Coda. All references to dollar amounts shalt mean amounts in lawful money of the UnltAd Slates df America. Beneficiary. The word "beneficiary" means U.S. Bank National Assoclatlon, its successors and assigns. U.S. Bank National Assoclatlon also is referred to as "Lender" in this Deed of Trust. Deed of Trust. The words "Deed of Trust" mean this Deed o! Trust among Grantor, lender, and Trustee. and includes without limitation all assignment and security interest provisions relating to the Personal Property and Rents. Grantor. The word "Grantor' means any and all persons and entities eYecuiing this Deed of Trust, including without limitation: ARTCO, LI.C. Guarantor. The word "Guarantor" means and includes without (imitation any and alt guarantors, sureties, and accommodation parties In connection with the Indebtedness. Improvements. The word "Improvements" means and includes without limitation all existing and future improvements, buildings, 5trucfures, mobile homes affixed on the Real Property, facilities, additions, replacements end other construclton on the Real Property. Indebtedness. The word "Indebtedness" means ail principal and interest payable under the Note and any amounts expended or advanced by Lender to discharge obligations of Grantor or expenses incurred by Trustee or Lender to enforce obligations of Grantor under this Deed of Trust, Together with interest en such amounts as provided in this Deed of Trust. Lender. The word "Lender" means U.S. Bank Nations[ Association, its successors and assigns. .. Note. The word "Note" means the Note dated February t1, 19s5, in the original princtpa! amount off fl~from Grantor to Lender, together with all renewals, extensions, modltications, r®financings, and subsiitufion5 for the Note. Th8 maturity date of the Note is October 3t, 1999. NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE. Persona! Property. The words "Personal Property" mean all equipment, fixtures, and ocher articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with elf accessions, parts, and additions to, ail replacements af, and all substitutions for, any of such property; and together with all prdeseds (including without limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. Progeny. The word "Property+" means collectively the Real Property end the Personal Property. Rest Property. The words "Real Property" mean the property, interests and rights described above In the "Conveyance and Grant" section. - e a e ocumen s mean an nctude without IlmElation all promissory notes, credit agreements, loan agreements,. environmental agreements, guaranties, security agreements, mortgages, deeds o- trust, and all other inshuments, agreements and documents, whether now or herea~ Ong, executed in connection with the lndebtedn Rents. The word "Rents" means resent and future rents, revenues, Income, issues, fatties, profits, and other benefits derived hom the Properly. Trustee. The word 'Trustee" means U.S. BANK TRUST COMPANY, National Assoclalion and any subsfltute or successor trustees. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST iN THE RENTS AND PERSONAL PROPEpTY, 19 GIVEN TO SECURE (1) PAYMENT OF THE INDEBTEDNESS AND (2} PERFORMANCE OF ANY AND ALL OBLIGATIONS OF GRANTOR UNDER THE NOTE, 1'HE RELATED DOCUMENTS, AND THIS DEED OE TRUST. TH19 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 ail amounts secured by this Oeed of Trust a5 they become due, and shall strictly and in a timely manner pArform elf of Grantor's obllgatlons under the Note, thi9 Deed of Trust, and the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPt5RTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Grantor may (a) remain in possession and control of the Property, {b) use. operate or manage the Property, and (c) Collect any Rents From the Property. Tha tollowing provisions relate to the use of the Property or to other limitations on the Property. THE REAL PF30PHRTY EITHER IS NOT MORE THAN FORTY (40) ACRES IN AREA f7R IS LOCATED WffHIN AN INCORPORATED CITY OR viLLAGE. Duty to Maintain. Granttx shall maintain the Property in tenantable condition and promptly perform ail r9patrs, replacements, and n+afntenance necessary to preserve ifs value. MAR-12-2002 12 12 US SANK FILE ROOM 1 503 275 6200 P.03i07 02-'»-t~s9 DEED OF TRUST Page 2 • (Continued) Hazardous Substances. The terms "hazardous waste,' 'hazardous substance," 'disposal," "release,' and "threatened release," es used in this Deed Of Trust, shep have the same meanings as set forth In the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as emended, 42 U.S.C. Section 9601, ®t seq. ("CERCLA*), the Superfund Amendments and Reauthorization Act of 1986, Pub. L No. 99-x99 ("SARA"}, the Hazardous Materials Transportation Act, a9 U.S.C. Section 1801. et seq., the Resource Conservation and Recovery act, a2 U.S.C. Section 6901, et seq., or other applicable state or Federal laws, rules, or regulations adopted pursuant to any of the foregoing. The terms "hazardous waste" and "hazardous substance" shat! also include, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos. Grantor represents and warrants to Lender that: (a} During the period of Grantor's ownership of the Property, there has been no use, generation, manufsctur®, storage, treatment, disposal, release or threatened release of any hazardous waste or substance by any person on, under, about or from the Property; (b} Grantor has no knowledge of, ar reason to believe that there has been, except as previously disclosed to and acknowledged by Lender in writing, (i} any use, generation, manufacture, storage, treatment, disposal, release, or threatened release of any hazardous waste or substance on, under, about or from the Property by any prior owners or occupants of the Property or {u) any actual or threatened litigation or claims of any kind by any person relating to such matters; and (c) Except as previously disclosed to and acknowledged by Lender in writing, (t) neither Grantor nor any tenant, contractor, agent or other suihorited user of the Property shall use, generate, manufacture, store, treat, dispose of, or release any hazardous waste or substance on, under, about or from the Properly and (ii) any such activity Shall be conducted in Compliance with all applicable federal, state, and loco! laws, regulations and ordinances, including without Ilmttation those laws, regulations, and ordinances described above. Grantor authorizes Lender and its agents to enter upon the Property to make such inspections and tests, at Grantor's expense. as Lender may deem appropriate to determine compliance of the Property wish this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Grantor or to any other person, The representations and warranties contained here[n are based on Grantor's due diligence in investigating the Property for hazardous waste and hazardous substances. Grantor hereby {a) releases and waives any future claims against Lend®r for indemnity or contribution In the event Grantor becomes liable for cleanup or other costs under any such laws, and (b) agrees io indemnify and hold harmless Lender against any and all claims, losses, liabilities, damages, penalties. and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release of a hazardous waste or substance on the properties. Tt1e provisions of this section of the Heed of Trust, Including the obligation to Indemnity, shall survive the payment of the Indebtedness and the satisfaction and reCOnveyanCe at the flan of this Dead of Trust and Shall not be affected by Lender's acquisition of any interest In the Property, whether by farecosure ar 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 Gmil(ng the generality of the foregoing, Grantor wilt not remove, or grant to any other party the right to remove. any timber, minerals (including ell and gas), soil, gravel or rock products without the prior written consent of Lender. Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without the prior wrttten Consent of Lender. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satksfadory to Lender to replace such Improvements with Improvements of at least equal value. Lender's i~l9ht to Enter. Lender and !ts agents and representatives may enter upon the Real Property at all reasonable Nmes to attend to Lender's interests and to Inspect the Property for purposes at Grantor's compliance with the terms and conditions of this Deed of Trust. Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ardtnences, end regulatforts, now ar hereafter in effect, of all Qovernmental authorities applicable to the use ar occupancy of the Property, including without limitation, the Americans With DisaDlllties Act, Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, Including appropriate appeals, so long as Grantor has notified Lender in writing prior to doing so and so long as, in Lender's sole optnlon, Lender's interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or s surety bond, reasonably satisfactory to Lender, to protect Lender's interest. at,ty to Protect. Grantor agrees neither to abandon nor !save unattended the Property. Grantor shall do a(I 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 same or ail of the proceeds of the loan creating the Indebtedness are to be used to construct or complete construction of any Improvements on the Property, the Improvements shall be completed no later than the maturity dale of the Note (or such earlier date as Lender may reasonably establish) and Grantor shall pay in full all costs and expanses in connection with the work. Lender, at its option, may disburse loan proceeds under such terms and conditions as Lender may deem necessary to insure that the Interest created by this Dsed of Trust shall nave priority over alt possible liens. including those of material suppliers and workmen. Lender may require, among other things, that disbursement requests be supported by recetpted bills, expense afttdavits, waivers a} Ilene, construction progress reports, and such Other documentation as Lender may reasonably request. DUE ON SALE -CONSENT l3Y LENDER. Lender may, at its option, declare immediately due and payable all sums secured by this Deed of Trust upon the sale or transfer, without the Lender's prior wrttten consent, of all or any part of the Real Property, or any Interest in the Real Property. A "safe or transfer" means the conveyance of Real Property or any right, title or interest therein; whether legal, beneCtcial or equitable: whether voluntary ar involuntary; whether by outright wile, 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, 855ignment, or transfer of any beneficial interest In or to any land trust hold(ng title to the Real Property, or by any other method of conveyance of Real Property Interest. If any Grantor Is a corporation, partnership or limited liability company, transfer also Includes any change in ownership of mare than twenty-flue percent (25%6) of the voting stock, partnership interests or limited liability company interests, as the ease may be, of Grantor. However, tnfs option shall not be exercised by Lender if such exercise is prohibited by federal law or by Idaho law. TAXES AND LIENS. The following provisions relating to the taxes and hens en the Property are a part of this Deed of Trust. Payment, Grantor shall pay when due (and !n all events prior to delinquency) all taxes, special taxes, assessments, charges (Including water and sewer), fines and impositions levied against or on account of the Property, and shall pay when due alt claims for work done on or for services rendered or material furnished to the Property. Grantor shall maintain the Property free of all Yens 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 wlthhofd payment o} any tax, assessment, or claim In eonnoetion 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 tiled as a result of nonpayment, Grantor shall within fifteen (15) days after the lien arises or, if a lien is filed, within fifteen (15} days after Grantor has notice of the filing, secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sut[iclent corporate surety band or other security satisfactory to Lender in an amount sufflelent to discharge the lien plus any costs and reasonable attorneys' tees or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest, Grantor shalt defend Itself and Lender and shat) 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 oroceedings. Evidence of Payment. Gran}or shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shat! authorize the appropriate governmental official to deliver to Lender at any time a wrttten statement of the taxes and 855855menls against the Property. Notice of Construction. Grantor shall notify Lender at least fifteen ft5) dove before env work Is commenced. env Sarvlrca are f„rnict,crl ~~ e~~ r r ten cou a ass a on account of the work, services, or materials. Grantor. will upon request of Lender furnish to ~Ltander advanco assurances satisfactory to Lender that Grantor can and wilt pay the cost of such Improvements. PRQPERTY DAMAGE tNSIIRANCE. ,,,awing provisions relating to insuring the Property part of this Deed Of Trust. Maintenance of Insurance. Grantor shah procure and maintain policies of fire Insurance with standard extended caveragg endorsements on a replacement bests for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause In favor of Lender. Grantor shall also procure and maintain eompr®hsnsive gsnoral liability Insurance in such coverage amounts as Lender may request with trustee and Lender being named as additional insur®ds in such liability insurance policies. Additionally, Grantor shall maintain such other Insuranw, including but not limited to hazard, business interrUplion. 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 !o lender. Grantor, upon request of Lender, will deliver to Lender rrom time to time the policies or certl}Icates of insurance In farm satlsfactory to Lender, including stlpulattons that coverages will not be cancelled or diminished without at least ten (t0) days' prior written notice to Lender. Each insurance poltCy also shall include an endorsement providing that coverage in fever of lend®r will not bs Impaired in any way by any act, omission or default of Grantor or any other person. Should tt-e Aea! Property et any time become located in an area designated by the Director of the Federal Emergency Management Agency as a special flood ttaTard area. Grantor agrees to obtain and maintain Federal Flood Insurance for the full Unpaid principal balance of the loan, up to the maximum policy Ilmils set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such Insurance for the term of the loan. Appltcatlon of Proceeds. Grantor shall promptly notify Lender pf any loss or damage to the Property if the estimated cost of repair or replac®ment exceeds 5500.04. Lender may make proof of loss If Grantor fails to do so within Fftaen (75) days of the ca.ualty. Whether or not Lender's Security is impaired, Lender may, at ifs alectlon, receive and retain the proe®eds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any den affracting the Property, or the restoration and repair of the Properly. If Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the damaged or destroyed Improvements In 3 mann®r saUsfaetory to Lender. IYIRhr-1 ~=~©H~2 T~ ~-1 02-•11-1999 DEED OF TRUST Page 3 (Continued) Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor lrom the proceeds for the reasonable cost of repair or restoration if Grantor Is not in default under this Oeed of Trust. Any proceeds which have not been disbursed within 18Q days aRer their receipt and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to lender under this Dead of Trust, then to pay accrued interest, end the remainder, It any, shall he applied to the principal balance of the indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shell be paid to Grantor as Grantor's interests may appear. Unexpired Insurance at Safe. Any unexpired lnsuranee shall Inure fo the benofrt of, and pass to, the purchaser of the Property covered by this Deed of Trust at any trustee's sale or other sale held under Ehe provisions of this Deed of Trust, or at any foreclosure sale of such Property. Grantor's Report on Insurance. Upon request of Lender, however not more than once a year, Grantor shaft furnish to Lender a report on each existing policy of insurance showing: (a) the name of the insurer; (b} the risks Insured; (c} the amount of the policy; {d) the property insured, the then current replacement value at such property, and the manner of determining that value; and {e) th® expiration dale of the policy. Grantor shall, upon request of Lender, have an independent appraiser satisfactory to lender determine the cash value replacement cost of the Property. DCPENDITURES BY LENDER. If Grantor fails to comply with any pravlsion of this Dead of Trust, or If any action or proceeding Is commenced that would materially affect Lender's interests In the Property, Lender on Grantor's behalf may, but shall not be required to, take any action that Lender deems appropriate. Any amount that Lender expends in so doing will bear Interest at the rate provided for in the Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses, at Lender's option, wilE (a} be payable on demand, {b} be added to the balance of the Note and be apportioned among and be payable with any Installment payments to become due during either (i) the term of any applicable insurance policy or (ii) the remaining term of the Noie, or (c) be treated as a balloon payment which will be due and payable at the Note's maturity. This Dead of Trust also will secure payment of these amounts. Tha rights provided for in this paragraph shall be in addition to any other rights or any remedies to which Lender may be entitled on account of the default. Any such action by Lender shall not be carrfrued as curing fhe default so as to bar Lender from any remedy that it otherwise would have had. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed of Trust. Title. Grantor warrants that: (a} Grantor holds good and marketable title of record to the Property in fee simple, tree and c~ear'of all liens and encumbrances other than those set forth in the Real Property description ar in any tiffs insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lander 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 fhe 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 fhe Interest of Trustee or Lender under this Deed of Trust, Grantor shell defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participafe in the proceeding and to b® represented In the proceeding by counsel of Lender's own choice, and Grantor wll deliver, or cause la be delivered, to Lender such instruments as Lander may request hom time to time to permit such participation. Compliance Wlth Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable taws, ordinances, and regulations of governmental authorities. CONDEMNATION. The following provisions re-ating to condemnation proceedings are a part of this Deed of Trust. Appficatton of Net Proceeds. It alt or any part Of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of candemn8tlon, lender may at i!s elactfon require that alt or any portlon of the not proceeds of the award be applied to the Indebtedness or the rep8lr or restoration of the Properly. The net proceeds of the award shall mean the award after payment of alt reasonable costs, expenses. and attorneys' fees Incurred by Trustee or lender in connection with the Condemnation. Proceed[ngs. It 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 b® the nominal party in such proceeding, bu! 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 as may be requested by it from lime to time to permit such participation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relBGng to governmental taxes, tees 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 addltlon to this Deed of Trust and take whatever other action is requested by Lender to perfect and continue Lender's lien en the Real Property. Grantor shat! reimburse Lender for all taxes, as described below, together with all expenses (rteurred in recording, perfecting or eontlnuing this Dead of Trust, including without 6mitatien all taxes, tees, documentary stamps, and other charges for recording or rogistertng this Deed of Trust. Taxes. The following shall constitute texas ko which Phis section applies: (a) a specific tax upon this type of Oeed of Trust or upon all or any pen of the Indebtedness secured by Ehis Deed of Trust; (b} a specific tax on Grantor which Grantor Is authorized or required to deduct from payments on the Indebtedness secured by Ehis type of Deed of Trust: (c} a tax on this type of Dead of Trust chargeable against the Lender or the holder of the Note; and (d} a specific tax on all or any portion of the indebtedness or on payments of principal and interest made by Grantor. Subsequent Taxes. If any tax to which this Section applies Is enacted subsequent to the date of this Deed of Trust, this Avant shalt have the same effect as an Event of Default {as defined below), and Lender may exercise any or all of its available remedies far an Event of Default as provided below unloss Grantor either (a) pays the tax before it becomes delinquent, or (b} contests the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Oeed of Trust as a security agreement ors a part of this Deed of Trust. SCCUrtI}r Agreement. This instrument shall constitute a security agreement to the extent any of fhe Property constitutes factures or other personal property, and tender shalt have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. Security Interest. Upon request by Lender, Grantor shell execute financing statements and take whatever other action is requested by Lender to perfACt end continue Lender's security Interest in the Rents and Aersonal Property. In addltlon to recording this Deed of Trust in the real property retards, Lender may, at any time and without further authorization tram Grantor, tie executed Counterparts. copies or reproductions of this Deed of Trust as a tnancing statement. Grantor shalt reimburse Lender for a!I expenses incurred In perfecting or continuing this security Interest. Upon detau(t, Grantor shall assemble the Personal Property in a manner and at a place reasonably convenient to Grantor antl Lender and make !t available to Lender within three (3) days after receipt of written demand from Lender. Addresses. The mailing addresses of Grantor (debtor) and Lender {secured party}, from which information concerning the security interest granted by this Deed of Trust may be obtained (each as required by the Uniform Commercial Code), are as stated on the first page of this Deed of Trust. FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and attorney-in-fact are a park of this Deed Of Trust. ruruter Assurances. At any time, and from time to time, upon request of (.ender, Grantor will make, exeCUle and deliv@r, or will cause to be made, executed or delivered, to LerJ~r or to Lender's designee, and when requests ' ^'.ender, cause to be filed, recordod, rallied, or rerecorded, as the case may ba, times and in such offices and places as Lan deem approprtato, any and ail such mortgages, deeds of trust, security deeds, s agreements, financing statements, conllnuation ants, instruments of further assurance, certificates, and other documents as may, In sole opinion of Lender, be necessary or d®strabte In order to effectuate, complete, perfect. conttnue, or Prr:serve (s) the obligations of Grantor under the Note, this Deed o} Trust, and the Related Documents, and (b) the Ilene and security Interests created by thfs Deed of Trust as first and prior (fens on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by -ew or agreed to the contrary by Lender in writing, Grantor shall reimburse Lender for alt costs and expenses incurred in connection with the matters referred to IR this paragraph, Attorney-in-Feet. If Grantor falls to do any of the things referred to in the preceding paragraph, Lender may do so for and In the name of Grantor 8nd at Grantor's expense. For such purposos, Grantor hereby irrevocably appoints Lender as Grantor's attorney-in-tget for the purpose of making, executing, dellverfng, filing, recording, and doing all other things as may be necessary or desirable, in Lender's solo opinion, to accomplish the matters referred to in the preceding paragraph. FULL P£gFORMAFtCE. -f Grantor pays all the Indebtedness when due, terminates the line of credit, and otherwise performs ep the obtigatlans imposed upon Grantor under this Deed ai Trust, Lender shall execute and deliver to Trustee a request for full reconveyar~ and shall execute and d©fiver to Grantor suitable statements of terminfltion of any financing statement on file evidencing Lender's security interest in the Rents and the Personal Property. Any reconveyance fee required by law shall be paid by Grantor, if permitted by eppllcabltr taw. DEFAULT, Each of the following, at the option of Lender, shall constitute an ovent of default ("Event of Default") under this Deed of Trust: t)efeult on tndedtedntss, Failure of Grantor to make any payment when due on thin Indebtedness. Default on Other Payments. Failure of Grantor within the time required by this Deed of Trust to make any payment for loxes or insurance, or any 02-~11-1999 . DEED OF TRUST Page 4 (Continued} • other payment necessary to prevent filing of or to affect discharge of any lien. Compllence Default. Failure of Grantor to comply with any other term, obligation, covenant or condition contained rn this Deed of Trust, the Note or in any of the Related Documents. False Statements. Any warranty, representation or statement made or furnished to Lender by or on behalf of Grantor under this De®d of Trust, the Nots or the Related Documents Is false or misleading in any materiel respect, either now or at the time made or furnished. Defective Coftateral[zatlon. This Deed of Trust or any of the Related Documents ceases to be In full force and effect (Including failure of any collateral documents to create a valid and perfected security Interest or lien} et any time and for any reason. Death er Insolvency. The dissolution {regardless of whether election !o continue is made), any member withdraws from the limited liability company, or any other lerminetian of Grantor's existence as a going business or the death of any member, the Insolvency of Grantor, the appointment of a receiver for any part of Grantor's property, any assignment for the benefit of Creditors, any type of creditor warlcaut, or the commencement of any proceeding under any bankruptcy or insolvency laws by ar against Grantor. Foreclosure, Forfeiture, etc. 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 of the Property. However, this subsection shalt not aDDIY in the event of a goad faith dtspute by Grantor as to the validity or reasonableness of the claim which is the basis of the foreclosure or forefellure Droceading, provided that Grantor glues Lender written notice of such claim and furnishes reserves or a surety bond for the claim satisfactory to lender. Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor end Lendet that is not remedied within any grace period provided therein, including wllhout 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 dlsDutes the validity of, or tiabifity under, any Guaranty of the Indebtedness. Adverse Change. A material adverse change occurs in Grantor's tlnancfal condition, or Lender believes the Drospect of payment or performance of the Indebtedness is Impaired. tnseourlty. Lender in good faith deems itself insecure, RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default and at any 6me thereafter, Trustee or Lender, at its option, may exercise any one or more of the faltowfng rights and femedles, in addition Eo any other rights or remedies provided by law: Notlee of Default. In the event of default, Lender shalt execute or cause the Trustee to execute a written natlee of such default and of Lender's eleC6on 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 Reai Property, or any pert thereof, is situated. Accelerate tndeDtedness. Lender shall have the right at (ts option without notice to Grantor !o declare the entire Indebtedness (mmedlataiy due and payable, including any prepayment penalty which Grantor would be required to pay. Foreclosure. With respect to all or any part of the Real Property, the Trustee shall have the right to foreclose by notice and safe. end Lender shag 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 elf or any part of the Personal Property, Lender shall have all the rights and remedies of a secured parry under the Uniform Commercial Cade. Collect Rents. Lender shall have the right, wllhout notice to Grantor. to take Dossession of and manage the Properly and collect the Rents, includin8 amounts past due and unpaid, and apply the net proceeds, aver and above lender's costs, against the Indebtedness. In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees dlroctfy 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 negotlste 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 fire mad9, whether or not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either in person, by agent, ar through a receiver. Appoint Receiver. Lender shall have the right to have 8 receiver appointed to fake possession of 811 or any pert of the Property, with the power to protect end preserve the Property, to operate the Properly preceding foreclosure or Safe, end t0 collect the Rents from the Property and apply the proceeds, over and above the cast of the receivership, against the Indebtedness. The receiver may serve without bond if permitted by taw. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not dlsquality a person from serving as a receiver, Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property Is sold as provided above or Lender otherwise 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 end shall, at Lender's option. either (a) pay a reasonable rental far the use of the Property, or {b) vacate the Property immedately upon the demand of Lentler. Otrier Remedtes. Trustee ar tender shall have any other right or remedy provided in this Deed of Trust or the Note or by law Notfae of Sale. lender shall give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the time after which any private sale or other intended disposldon of the Personal Property is tc be made. Reasonable notice shall mean notice given at least ten (10) days before the time of the sale or disposition. Any sale of Personal Properly may be made In conjunction with any sate of the Reat Property. Sete of the Property. To the extent permitted by applicable law, Grantor hereby wolves any and all rights to have the Property marshalled. In exercising its rights and remedies, the Trustee ar Lender shall be free to sell 811 or any part of the Properly together or separately. in one safe or by separate sales. Lander shall be entltletl to bid at any public sale on aEl ar 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 elaDSed. Trustee, without demand on Grantor, shall sell the property et the rime and place faced by It in the notice of sale at public auction to the highest bidder for cash fn lawful money of the United States, payable at time of sale. Trustee shall deliver to the purcn85er his or bar deed conveying the Property so sold, but without any covenant or warranty express or implied. The recitals in such deed of any matters ar facts shall be conclusive proof of the truthfulness of such matters or facts. ARer deducting all Costs, fees and expenses of Trustee and of this Trust, including cost of evidence of title and reasonable attorneys' (ees, including those in conneetlon with the Sale, Trustee Shall apply proceeds of sale to payment of (a) all sums expended under this Deed of Trust, not then repaid with Inter@st thereon as provided in this Deed of Trust, (b) aA Indebtedness secured hereby; and (c) the remainder, if any, to the person or persons legally entitled thereto. waiver; Electron of Remedtes. A waiver by any party of a breach of a provision of this Deed of Trust shall not Constitute 8 waiver of ar prejudice provt ed In this ee of Trust, the ore, in any Related Document, or provided by law shall nOt exclude pursuit Of flny other remedy, and an election to make expenditures or to tai- gallon to perform an obligation of Grantor under th '__~d of Trust after failure of Grantor to perform shall not affect Lender's right to declare 'It and to oxerclse any of its remedies. Attorneys' Fees; Expenses. if L r Institutes any suit or action to enforce any of the s of this D6ed of Trust, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' tees at trial and on any appeal. Whether or not any court action is involved, all reasonable expenses incurred by Lender which in Lender's opinion are necessary of any time for the protection o[ its Interest or the enforcement of its rights shall become a part of iha Indebtedness payable on demand end shall hear Inlerest at the Nofe rate from the data of expenditure until repaid. Expenses covered by this paragraph include. without Ilmllation, however subject to any limits under applicable taw, Lender's reasonable attorneys' fees whether or net there is a lawsuit, including reasonable flttameys' fees for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals and any anticipated postyudgment collection Services, the cost of searching records, obtaining title reports (ncluding foreclosure reports), surveyors' reports, appraisal fees, title insurance, and tees for the Trustee, to the extant permitted by applicable law, Grantor also will pay any court costs, in addition to all other sums provided bylaw. Rfyhts Of Trustee. Trustee shall have. all of the rights and duties of Lender as set forth in this section. POWERS AND 08LIGATIOIYS OF TRUSTEE. The following provisions retating to the powers 8nd obligations of Trustee ere part of this Deed of Trust. Powers of TruSloe. In addition to alt powers of Truste9 arising as a matter of law, Trustee shalt have the power to take the following acltons with respect to the Property upon the written requASt of Lender and Grantor. (a} Join in preparing and filing a map or plat of the t=eat PropArty, irtcluding the dedication of streets or other rights to the public; (b) join in granting any easement or creating any rastrio6on on the heal Property; and (c} join In any subordination or other agreement affecting this Deed of Trust or the interest of lender under this Deed of Trust. Obligations to Kotiry. Trustee shall not be obligated to notify any other party of a pending Sala under flny other trust deed or lien, or of any action or proceeding In which Grantor, Lender, or Trustee shall tee a party, unless the action or prxeeding fs brought by Trush39. 02•"11-1999 DEED OF TRUST Page s ' r (Continued} . Trustee. Trustee shall meat alt quallflcatlons required foe TrUStee under applicable taw. In addition to the rights and remedies set forth above, with respect to all ar 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 judiCl81 foreclosure, in either Case In accordance with and to the full extent provided by applicable law. Successor Trustee. Lender, at Lender's option, may from time to lime appoint a successor Trustee to any Trustee appointed hereunder by an instrument executed and acknowledged by Lender and recorded in the office of the recorder of Ada County, Idaho. The Instrument shaft contain, fn addltlon tc all other matters required by state law, the names of the original Lender, Trustee, and Grantor, the book and page where this Deed of Trust is recorded, and the name and address of the successor trustee, and the Instrument shall be executed and acknowledged by under or its successors in interest. The successor trustee, without conveyance of the Property, shall succeed to alt the title, power. and duties conferred upon the Trustee in this De®d of Trust and by applicable law, This procedure for substitution of trustee shall gavem td the exCluslon of all other provlstons for substitution. NOTICES TO GRANTOR AND OTHER PARTIES. Any notlCa under this Deed of Trust shalt be in wriing, may be sent by lelefacsimile (unless otherwise required by law}, and shat! be effective when actually delivered, or when deposited with a nationalry recognized overnight courier, or, Ir mailed, shall be deemed effective when deposited In the United States mail first class, certified ar registered mail, postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. Any party may change its address for notices under this Deed of Trust by giving formal Written notice to the other parties, specifying that the purpose of the notice is to change the party's address. All copies of notices of foreclosure from the holder of any lien which has priority over this Daed of Trust shalt be sent to Lender's address, as shown near the beginning of this Deed of Trust. For notice purposes, Grantor agrees to keep Lender and Trustee informed at all times of Grantor's current address. JURY WAIVER.. Lender and Grantor hereby waive the right to any jury trial in any action, proceeding, or countergaltn Drought by either Lender or Grantor against the other. ACCESS LAWS. {a) Grantor agrees that Grantor and the Property shall at all times strictly comply with the requirements of the Americans with Dfsabifities Act of 1990; the Fair Housing Amendments Act of 1988; and other federal, state, or focal laws or ordinances related to disabled access; or any statute, rule, regulation, ordinance, order of governmental bodies and regulatory agencies, or order or decree of any court adopted or enacted with respect thereto, as now existJng or hereafter amended or adopted {coltecuvely, the "Access Laws"}. At any time, Lender may require a cer4ficate of compliance with the Aceess Laws and indemniflcatlon agreement In a form reasonably acceptable to Lender. Lender may also re0uire a certificate of compliance with the Access Laws (ram an architect, engineer, or other third party acceptable to Lender. (b} Notwithstanding any provisions sat forth herein or in any other document, Grantor shalt not alter or permit any tenant ar other person to alter ute Property in any manner which would increase Grantor's responsibilities for Compliance with the Access Laws without the prior written approval of Lender. In connection with such approval. Lender may require a certifleate of compliance with the Access Laws from an architect, engineer, or other person acceptable to Lender. {c} Grantor agrees to give prompt written notice to Lender of the receipt by Grantor of any claims of violation Of any of the Aceess Laws and of the commencement of any proceedings or investigations which relate to compliance with any of the Access laws. {d} Grantor shall indemnity, defend, and hold harmless Lender from and against any and a!I claims, demands, damages, costs, expenses, losses, Ilablli8es, penaltlss, Ernes, and other proceedings Including without Ilmitation reasonable attorneys fees and expenses arising dfrectty or indirectly from or out of or in any way connected with any failure of the Property to comply with any of the Access Laws. The obligations and Ilabilities of Grantor under this section shall survive any termination, SatisfaCtlon, assignment, JudlClal or nonjudicisl Ioreclosure proceeding, ar delivery of a deed In lieu of foreclosure. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust: Amendments. This Deed of Trust, together with any Related Documents, cansiltutes the entire understanding and agreement oI the parties as to the matters set forth in ihls Deed of Trust. No alteration of or amendment to !tits Deed of Trust shelf be effective un18SS given In writing and signed by the party or parties sought to ba 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 t0 Lender, upon request, a certified statement of net operating income received from the Property during Grantor's previous fiscal year In such farm 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 Properly. Appllcab[e Law. This Deed of Trust has been delivered to Lender and accepted by Lender in the State of Idaho. This Deed of Trust snarl be governed by and construed In accordance with the taws of the State of Idaho. Caption Headings. Caption headings In this Daed of Trust are for convenience purposes only and are not to be used to interpret or define the provlstons of this Deed of Trust. Merger, Therg shall be no merger of the interest or estate Created by this Dsed of Trust with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, wfthaut the written consent of Lender. Multtpte Parties. Att otstlgattons of Grantor under this Dood of Trust shall be joint and several, end all references fo Grantor shall mean each and every Grantor. This means that each of the persons signing below is responsible for all obligations in this Deed of Trust. Severabillty, If a court of competent jurisdiction finds any provision of this Deed of Trust to be Invslld or unenforceable as to any person or circumstance, such finding shalt not render that provlston invalid or unenforceable as to any other persons or circumstances. If feasible, any such offending provision shall be deemed to be modified to be within the limits of enforceability or validity; however, if the offending provision Cannot 6e so modified, it Shall be stricken and all other provisions of this D®ed of Trust in alt other respects Shall remain valid and enforceable. Successors end Assigns. Subject to the limitations stated In this Deed of Trust an transfer of Grantdr'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 becomris vested in a person other than Grantor, Lender, without notice to Grantor, may deal with Grantor's successors wffh reference to this Deed of Trust and the indebtedness by way of forbearance or extension without releesing Grantor from the obligations of this Deed of Trust or llabrlfty under the Indebtedness. Time 18 Of the Essence. Time is of the essence in the performance of tnls Deed of Trust. Waivers and Consents. Lender shall not Oe deemed to have waived any rights under this Deed of Trust (or under the Related Documents) unless such waiver Is 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 any party of a provision of this Deed of Trust shall not constitute a waiver of or prejudice the party; right otherwise to demand strict compliance with that provision or any Diner provision. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of lender's rights or 8ny of Grantor's obligations a5 to any future transactions. Whenever consent by Lender is required In this Deed of Trust, the granling of such consent by Lender in any instance shall not Constitute eontlnuing consent to subsequent instances where such consent is required. ~' '~~'~~~ `"""r~'~"• ~'a'~~c~~Trr~eoY rem es85 and waves a ng s an ene is o the homestead exemption [ews of the Stafe of Idaho as to au Indebtedness secured by this Deed of Trust. _ Unless you provide us with e~nce of the insurance covera a as re LTred b our c we ma 9 q Y orttract or toan agreement, y purchase insurance at your expense to protect our [nterest. This insurance may, but need not, also protect your interest. if the collateral becomes damaged, the coverage we ppurchase may not pay any claim you make or any claim made against yyou. You may later cancel this coverage by providing evidence that you have obtained property coverage etsew~tere. You are respponsible for the cost of any insurance purchased by us. The cost of this insurance may be added to your contract or loan balance. if the cos# is added to our contract or Loan balance, underlying contract or loan will apply to this added amount. The effective date of coverage mr8y betthe date your prior coverage lapsed or the dale you fazed to provide proof of coverage. The covera a we ppurchase may be constderabty more expensive than insurance yyou can obtain on your own and maY no~ satisfy an need for property damage coverage or any mandatory 1ia611(ty insurance requirements Imposetl by applicable raw. EACH GRANTOR ACKNOWLEDGES F1AV[NG READ AL[.. THE PROVISIONS OF THIS DEED OF TRUST, AND EACH GRANTOR AGREES TO tTS TERMS. GRANTOR: ARTCO, LLC 1 Infer-1 G-G G2•••11-1999 DEED OF TRUST J )SS COUNTY OF Q`~. ) Page On this ~/ f~ day of /-P /ciGrr in the year t9 ~1, before me /~llilK ~~"/c~~1 r'Oe , a notary public in end for the State of Idaho, person y appeared Marten A. Artie, Member of ARTCO, LLC; and Maryann U. grits. Member of ARTCO, LLC, known or identified to me (or proved to me on the oath of ), to be members or designated agents in the limited liability company of ARTCO, LLC, and the members or designated agents who subscribed said limited liability company name to the foregoin t ume and acknowledged to me that they executed the limited liability mpany name. ~~,C-'7.~~ ~ se Notary Publle for Idaho ~~~''it~C~ J My comm)sston expires To: 'EYANCE paid in full) -. .ar . ~ •%.' The undersigned is the legal owner and holder of all Indebtedness se red by this Deed of Trust. All sums secured by this deed of Trust have been rutty paid and satisf-ed, 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 Dead 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 Geed of Trust. Please mail the reconveyance and Related Documents to: Date: Beneficiary: sy: 1>~: Laatfe NHt7, Rep. U. S. Pit. L, T.M. Oft., Ver, 3.28(cj1899CF1 FroServices, Inc. All rlg(1t3rGSCrveO. IId.Otl1 ARTCC.LN C6,dVl) ~~s -ZOOc~ ~~0 T'49~ j ~~ REGIUEST O ~~ (TO be used an b iohs b[y ~~~a ~~z STATi+ OF ~cl6r l o ~ CITY OF MERIDIAN Planning & Zoning Department 660 E. Watertower Ln., Ste. 202, Meridian, ID 83642 (208)884-5533 Phone/(208)888-6854 Fax C1G-OZ-Of'Z CERTIFICATE OF ZONING COMPLIANCE (CZC) APPLICATION (Section I I-19-1, Zoning and Development Ordinance) PROJECT NAME: APPLICANT: s ADDRESS:. 5~,~ S ~n'lP~,~c~'ilc~ ~~V~ ~0%x. S/~ ~3~oa PHONE: ~3~j~- ds~y~ FAX: J?~~- ~i~g E-MAIL: roc l<w~ly/a F ~er~T r~cf OWNER(S) OF RECORD: 1 ' / cZr'Z~~ ~I ~f , ~~ ~ . i S ADDRESS: PHONE: 30~ ,3 - ~~ f ~ FAX: ARCHITECT (IF DIFFERENT THAN APPLICANT):, E-MAIL: ADDRESS: PHONE: FAX: E-MAIL ADDRESS, GENERAL LOCATION OF SITE: (' "/ / / y • ~ ~, ~,~ ~„~ /Z DESCRIPTION OF USE: PRESENT ZONE CLASSIFICATION: - L I,~i,~d-t [ )al/ . 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 Uwe 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. ~~" ~/~/~ (Applicant's Signature) (Date) '_5e /tc~i• ? / ~/' a ~s. ~ : .. ~.~.:-~ w,v,,..~.-:.,.,,~. CITY OF MERIDIAN BUIZDING DEPARTMENT 200 E. Carltoe St., Ste.100, Meridiaa.Id g3642 -PYoee Ilg7-2211 Fu EIIT-1297 COMMERCIAL BUILDING PERMIT APPLICATION 1. Legal Description: Lot 4 Block 2 Subdivision /~4~~sio% /gr.~G 2. Street Address (City wt71 assign i[ocw coastrucdoo): 6~ i'~g (~S7"1/7 ~f: / ~/ - 3. Owner (homer tbao Coatntctor): ~4/~7CI> ~~~ / / AG~~'~// /0~7 4. Contractor: y'~I Phone ZD8 37--4-~'8~ Address samba street b'vi~ ~ 8.3708 dty state rip 5. I hereby Submit this Building permit Application to Construct or Install: / New Commercial Building : Sq. Ft. Tuck l~vc,,F~"r!/~c~ov~r~/) Required Plans and Specifications: •Cova Shed- (Plea index- butldiag typo- square footage) -Site Plan (including lot lines, private ~ public utilities, drainage, easements ~ North arrow) -Foundation Plm (including veoC7atioa, reinforumeat and frost walls for stoops and ovefiaags) -Floor Plan (indudmg window tod door siua, vcotilation) -Roof, Wall tod Floor Framing Pon •pevatiotu (ineludmg roof dope, attic vend7uion, chimnty heights ) -Mechanical Pon (H.VAC. dudmg rystems ) •Dcaioage Plan (indtdmg ealeulatioas ) •poctrial Plan •Plttmbing Plao (Interior k Exterior schematic ) -Landscape Plan _ Other ,Specify OFFICE USE ONLY Valae• Pernik Fee• Plan Check: Tottrl: ', Specify use of building, if warehousing, specify what type of materials are to be stored. 5 ~ Perm,-~ /UD Sf 20nv 4d5 -Few BLDG AnotTir~. t DECLARATION: 1 hereby certify drat 1 have completed this appliaoon is a tnre and correct toannaAll City of Maridiaa otdioartces will be oompliod widr whdber tpociried 6ercin or tat The granting of a permit does tat prestaoc to give auNoity b violate or Caned any state or local law tegtdating ootrstrtrdioa. n•~ ~LL3 Sigeatr+re of Owoer Osvetts Aetrotiaed Agar ZG3 ~'~`1er~~~ ~i G~.f 841-1596 A~ 70~ s i __ i i y I ~~~ I ~6 ~. /' ~''¢G~~S / OG 6a~~ wars ~ ~ ¢ , - - i ~/ ,; ~ ;, '/ -~--~~ 1~ , 4„ % yP/l~L !~/A~ % ~~~ r~ o~ ~~ ~_. 5~.._ - ~2~ 30 - ~{~ C S .s ~.1 ~~ z ~_ z. 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