Treasure Valley Worship Center CZC 02-058
~ -a LEGAL DEPARTMENT
MAYOR _
_
`+'%, (208) 288-2499 •Fax 288-2501
Robert D. Corrie ~
~~!'~~ 3
PARKS & RECREATION
CITY OF (208 888-3579 •Fax 898-5501
CITY COUNCIL MEMBERS
-~ ~~
erl~lcn
PUBLIC WORKS
Tammy deWeerd t~ (208) 898-5500 •Fax 887-1297
William L. M. Nary IDAHO
j
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~ BUILDING DEPARTMENT
Cherie McCandless ece /
~
~` (208) 887-221 I •Fax 887-1297
Keith Bird ° ~. v
sixce PLANNING AND ZONING
!, 1903 (208) 884-5533 •Fax 888-G854
CERTIFICATE OF ZONING COMPLIANCE*
Date: November 14, 2002
Owner: Treasure Valley Worship Center (Contact: David Kruze 887-080 l )
Address: 50 W. Spicewood
Proposed Use: Placement of a 28'x40' manufactured home on the existins; church's property for
church classroom and overflow use
Zoning: L-O (Approved as CUP-02-0~3 )
Comments:
Scope of Development: The issuance of this Certificate of Zoning Compliance is valid only for the
construction and improvements related to the placement of 1,120 square foot manufactured home
located at 150 W Spicewood. The project is subject to all conditions of an approved Conditional use
Permit (File No.CUP-O1-023). The issuance of this permit does not release the applicant from any
conditions of approval stated in the Conditional Use Permit.
Aonroved Plan: The Site Plan (Sheet GRD 1, prepared by Briggs Engineering, dated 07/08/02), date
stamped "approved" by the City on 11/14/02, is approved as submitted
Si~nage: No signs are approved by the issuance of this permit. All new signage shall be in compliance
with the City's Sign Ordinance, and requires approval by the City prior to construction.
Landscaping;: The Landscape Plan (Prepared by Du-Rite Nursery, INC), stamped approved by the
City on 11-14-02 is approved as submitted. The landscape 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. Landscaping shall be installed prior to
occupancy.
Parkin: Temporary Off-street parking facilities shall be provided by the Treasure Valley Worship
Center by May (, 2003 for Sunday services; and shall provide permanent parking facilities within 24
months, or November 1 ~` of 2004 on the lot owned by the church on the Southside of Spicewood Per
the Conditional use permit approval. All handicap parking, signage, striping and ramps must be
designed and constructed to current ADA standards.
33 EAST IDAHO • MERIDIAN, IDAHO 83642
(208) 888-443.3 •Fax (208) 387-4813 City Clerk Oftice Fax (208) 888-4218 Human Resources Fax (208) 884-8723
Painting: The manufactured home shall be painted to match the existing church building prior to
occupancy.
Irrigation: An underground, pressurized irrigation system must be installed to all landscape areas.
Occupanck All site improvements must be completed or bonded for (at 110% of the incomplete
amount) prior to P&Z Department signature of Certificate of Occupancy.
Lighting: All new lighting, whether attached to the building or placed within the parking area, shall
not cause glare for or otherwise impact the traveling public or neighboring developments, as
determined by the City.
ACRD Acceptance: Applicant shall be responsible for meeting the requirements of ACRD as they
pertain to this type of 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 Stafffor
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 specifica.ll, iY dentify requirements in this Certificate of Zoning
Compliance does not relieve owner of responsibility for compliance.
The site plan stamped l l / (4/02 are a,Pproved with the comments noted above.
~~ ~ `
David McKinnon
(For Brad Hawkins-Clark, interim
Planning & Zoning Administrator)
*Receipt of a Certificate of 7,oning Compliance does not indicate compliance with requirements of other
departments/agencies, including, but not limited to, Ada County Highway llistrict, Central llistrict Health llepartment,
affected irrigation district(s), Meridian Sewer, Waier, Building or Fire Departments, etc. This certificate shall expire
one (1) year from the date of issuance if work has not begun.
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• C[TY OF MERIDI~
Planning & Zoning Dep ent
660 E. Watertower Ln., Ste. 202, Meridian, ID 83642
(208)884-5533 Phone / (208)888-6854 Fax Ci ' - ~ - D,$~
f'F.RTiFiCATF. (7F 7,nNiN(: C'nMPi,IAN('F. (C7,C1 APPI I['ATInN
(Section 11-19-1, Zoning and Development Ordinance)
PROJECT NAME: ~ ~~~ UR -' Y ?-~•C. ~.x ~G~R~SK ~ (~ ~~v / l~' l
APPLICANT- ~~ I/~ 1 ~ ~ . I~/C U,~~
P~ ~ADDRE~ ~\0 ur • c~/J/ C_P Krdm ~ , ~ ~l •f t G ~! 4n ~i d ~".~ ~ yl
PHONE: ~ 7 ~ d FDrf FAX: ,~ ~ !h •~ E-MAIL:
OWNER(S) OF RECORD:.,,%t
ADDRESS:
PHONE:~~3 -rq~~ 'mil ~L/ FAX: ~/,!~' y l~ ' ,~ ~~/ E-MAIL:
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ARCHITECT (IF DIFFERENT THAN APPL[CANT):
Svgs-c~ /I)~al a ~v i~ 2~O!
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ADDRESS:
PHONE:
FAX:
E-MAIL
ADDRESS, GENERAL LOCATION OF S[TE: 3m ~ ~~
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DESCRIPT[ON OF USE: ~~~~/ ry~
PRESENT ZONE CLASSIFICATION: ~ "-' Q
[, D~Jn ~ ' ~~(~~~ do hereby affirm that [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, [have read the information contained herein and certify that the
inf rmation is true and correct.
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(Applicant's Signature) (Date)
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S CITY OF MERIDIAI.
Planning & Zoning Department
660 E. Watertower Ln., Ste. 202, Meridian, ID 83642
(208)884-5533 Phone / (208)888-6854 Fax
~F.RTiFirATF, nF 7.nNiNG CnMPi.iANCF. (C7.Cl APPi.iCATinN
(Section 11-19-1, Zoning and Development Ordinance)
PROJECT NAME: 1 ~~~ U ~ ~ Y ~~•~ ~ ~ ry ~~'sK ~ l.r ~'~' v
APPLICANTS ~~ I// J ~ ~ . III /C yJ
P~ ~ADDRE~"~~o w • c'SiO/CP i!/dm o~ .~ II/I ~e /' L ~! yin ~'C~ P".~~G'~j~.z
PHONE: ~_ ] ~ d Fsf FAX: ,~ ~ rn •~ E-MAIL:
OWNER(S) OF RECORD: ~~
ADDRESS:
,f U Jf S~G 1C ~ I v~Q~ ,. ~ U 1 ~P Zd0
PHONE:~13 ~~~~ •~I ~Ll FAX:/.!~• y /3 ' ,~ ~~ E-MAIL:
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ARCHITECT (IF DIFFERENT THAN APPLICANT):
ADDRESS:
PHONE:
FAX:
E-MAIL
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ADDRESS, GENERAL LOCATION OF SITE: ~® ~ ~'~
/ '' ,,A ~r~ cur!
DESCRIPTION OF USE: ~//I/(/ rvN
PRESENT ZONE CLASSIFICATION: ~''"" O
I, ~~I • ~/~(Ic~~ 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, [have read the information contained herein and certify that the
inf rmation is true and correct.
~/~/ 4 a.
(Applicant's Signature) (Date)
/lc'v. ? l ~l
11!12!2082 14:20• 208-387-6393 ACHD P~NING PAGE 01/01
VVynkaop, President
Ada County Highway District
Davs Givens, 1st Vice President
Judy Peavey-Derr; 2nd Vice President
Susan S. Eastlake, Commissioner
Sherry R. Huber, Comrnissianer
Garden City Ib 837148499
Phane (208j 387.8100
Fax czosl ~a~-e3s~
E-mail:
November.!!, X002
Trea9ure Valley Worship Center
50 W. Splcewood Drive
Meridian, ID 838a2
RE: AACUP02-0023
Dear Pastor Kruse,
ACRD recently reviewed your conditional use application to place a modular unit at the existing church site.
The site plan also Indicated parking tot Improvements on a parcel on the south side of Spitrewood Drive, and
we mistakenly commented on that, thinking that ti was a part of tha development. 1 have since been notified
that those were "future° improvements on the plan, and in fact that is not a part of the devebpment
application. Therefore, there are no Site Specific Requirements relating to MCUP02-0023. Please be
advised that Impact fees are assessed on structures new to the site.
We look forward to working with you again in the future.
Sincerely,
s
ir. :~vC' ~G~ arT.~
Christy Richardson
Planning Review Supervisor
Right-of--Way 8~ Development
387-6178
cc: Planning & Zoning, City of Meridian
City Clerk. City of Meridian
RECORDATION REQUESTED BY:
Christian Community Credit Union, a California Corporation
101 S. Barranca Ave.
P. 0. Box 3012
Covina, CA 91722
WHEN RECORDED MAIL TO:
Christian Community Credit Union, a California Corporation
101 S. Ban'anca Ave.
P. 0. Box 3012
Covina, CA 91722
SEND TAX NOTICES T0:
INTERNATIONAL CHURCH OF THE FOURSDUARE GOSPEL
1910 W. SUNSET BLV0.,.SUITE fk200
LOS ANGELES CA 90026 SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY
DEED OF TRUST
THIS DEED OF TRUST is dated August 1, 2002, among INTERNATIONAL CHURCH OF THE FOURSQUARE
GOSPEL, A CALIFORIJIA CORPORATION whose address is 1910 W. SUNSET BLVD., SUITE # 200, LOS
ANGELES, CA 90026 ("Grantor"); Christian Community Credit Union, a Cal"tfornia Corpotatron, whose address is
101 S. Bafranca Ave., P. O. Box 3012, Covina, CA 91722 (referred to behanr sonu~times as "Lender" and
sometimes as "Beneficiary"~ and S.B.S. Trust Deed Network, A California Corporation, whose address is 29229
Garwood Street, #110, Agoura Hills, CA 91301-1503 (referred to below as "Trustee"~
CONVEYANCE AND GRANT. For valuable cosslderatbn, Grantor does hereby irrevocably- firu-t+ barpala, se8 and convey In trust, with power
of sale; to Trustee for the benefit of Lender as 13eneflciary, all of Grantor's right, title, and interest in and to the following described real property,
together with all existing or subsequently erected or affixed buildings, improvements and fixtures; ail easements, rights of way, and appurtenances; aH
water, water rights and ditch rights (including stack in utilities with ditch or irrigation rights); and all other rights, roya~"Ues, and profits relaGn~ to the real
property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the Real Property) located in ADA County,
State of Idaho:
See EXHIBIT "A", which is attached to this Deed of Trust and made a part of this Deed of Trust as if fully
set forth herein.
The Real Property or its address is- cot~tmonly known as 50 WEST SI'ICEWOtOD ORIVE, (aka 00000 MERIDIAN
RO~€D) AS WELL AS THE NORTH!Vi~EST CORNER OF INTERSECTION Of SPICE~AlOOD DRIVE AND MERIDIAN
RUAD, MERIDIAN, ID 83642. The Real Property tax identification number is 51201417213 AND S12o1417225
Grantor presently assigns to Lender (also known as-Beneficiary in this Deed of Trust) ell of Grantors'right, title, and interest in and to all present and
future teases of the Property and aB Rents: from ttre Property. In addition, Grard~ grants to Lander a Uniform Commercial Code security interest in the
Persona! Properly and Rents..
THl'S DEED OF TRUST, INCLI~iG Tlf ASSl6tMItENT OF RENTS AND Tim SECl1RITY T tN THE RENTS AMID PERSONAL
PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS-AND ~)- PERFORMANCE OF ANY AND ALL OBLIGATIONS
t~ THE NOTE, THE RaATED DOCl1ilIFElLTS, AND THIS DEED OF TRUST. THEE DEED OF TRUST tS GIVEN AND ACCEPTED ON Tif
FOLLOWING TERMS:
PAYMENT AND PERFORMANCE. F~ccept as otherwLse provided in this Deed of Trust, Grantor sha0 pay to Lender all amounts secured by this Deed of
Trust as they become due, and shall strictly and-in a timely manner perform all of Grantors obligations. under the Nois, this Deed of Trust, and the
Related Documents.
POSSESSION AND AAAtNTENANCE OF TFEPROPERi'Y. Grantor agrees that Grardors 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 (1) remain in possession and conird of the Property; (2) use,
operate or manage the Property; and (3) collect the Rents from the Property. The following provisions relate to the use of the Property or to other
limitations on the Property. THE REAL PROPERTY EI'1"HEFt IS NOT MORE THAN FORTY (40) ACRES IfJ AREA OA IS LOCATED WITHIN AN
IHLCORPORATED CITY OR VILLAGE
.Duty to MWintain. Granter shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and maintenance
necessary to preserve its value.
Compliance Wt~ Favironrnerttal Laws. Grantor represents and warrants to Lender that: (1) During the period of Grantors ownership of the
Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous
Substance by any person on, under, about or hem the Property; (2) Grantor has no knowledge of, or reason to believe that fliers has been,
except as-previousty disclosedto and acknowledged try Lender in writtng, (a) any-breach or violattam o(-arry Envronmental Laws, (b) arty use,
generation, manufacture, storage, tree~trnent, disposal, release or threatened release of any Hazardous Substance on, under, about or from the
Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any person relating
to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Grantor nor any tenant,
contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous
Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with all applicable federal, state,
and local laws, regulations and ordinances, including without limitation all Environmental Laws. Grantor authorizes Lender and its agents to enter
•
EXHIBIT "A"
PARCEL I:
•
A parcel of land .located in_the Northeast Quarter of the Southeast
Quarter of Section .l, Township 3 North, Range.. l -rest, _Hvise
Meridian, Ada county, Ir7.aho, being more partinularly dew-ri tamed as
follows:
Commencing at the East quarter corner of Section 1, .Township 3
North, Range 1 West, Boise Meridian; thence
South 0°25'30" East 257.00 feet along the East line of said Section
1 to a point; thence
South 89°48'47" bleat 35.07 feet to a point on- the FFes-t-erl~, right of
way of Meridian. 8oadf the REAZ FOINT OF BEGIHI~I~. of this
description; then-ee:
South 89°48'47" West _189.94 feet to the Northeast corn,e_r of Lo_t 3,
Block 13 MERIDIAN R NO. 7; thence
South 00 °25' 30TM Lfast 172-.14 feet to the Southeast corner. o_f__. said
Lot 3; thence
South 11 ° O I' 3:1" West_1:65 ,_~. feet to a point on the Norti2e2-1~,-=-ight
of way of Spc:ewESOd Dri~re, along said Northerly right. o-f- way
the following.;: thence
North 89°34'34." Fa~at 2:02.$0 feet to a point of curvy-tur$.; thence
along a curve to the left .31.42 feet, said curve having- a
radius of 20.00-feet, a central angle of 90°D0'42", tangPntc
of 20.00 feet artd a chord of 28.29 feet which ~aears_
North 44°34'09" East to _a point of tangency on the Westerly -right
of way of Merzd:~; Rte; thence
North 00°26'IZ" West 313,28 feet to the REAL POINT ~ .
LESS AND E%C RC33M that property Dee~derd tz7 Ads
Highway Di.stri,et by Deed renarded March 14, 197, ~ Tn~,-t,,,~~,
97019598, Official Records of Ada County, Idaho. ~~o~
PARCEL II:
A parcel of landlocat-ed in the Northeast Quarter of the--5st
Quarter of Section 1, Township 3 North, Rangy 1 ~Banse
Meridian, Ada County, -Idaho, being more particularl~,_d~~-~ a$
follows:
Commencing at the East quarter corner of Section. 1, Township 3
North, Range I West., Boise Meridian; thence
continued
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PCR
SB
•
•
DEED OF TRUST
Loan No: 57501-21 (Continued)
Page 2
upon the Property to make such inspections and tests, at Grantor's expense, as Lender may deem appropriate to determine compliance of the
Property with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be
construed to create any responsibility or liability on the part of Lender to Grantor or to any other person. The representations and warranties
contained herein are based on Grantor's due diligence In investigating the Property for Hazardous Substances. Grantor hereby (1) releases and
waives any future claims against Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under any
such laws; and (2) agrees to indemnify and hold harmless Lender against any and all claims, losses, liabilities, damages, penalties, and expenses
which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Deed of Trust or as a consequence of any
use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Grantor's ownership or interest in the Property,
whether or not the same was or should have been known to Grantor. The provisions of this section of the Deed of Trust, including the obligation
to indemnify, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Deed of Trust and shall not
be affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise.
NuLsance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or b the
Property or any portion of the Property. Without limiting the generality of the foregoing, Grantor will not remove, or grant to any other party the
right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent.
Removal of improvements. Grantor shall not demolish or remove any Improvements from the Real Property without Leader's prior written
consent. As a condition to the removal of any Improvements, Lender may require Grantor b make arrangements satisfactory to Lender b replace
such Improvements with Improvements of at least equal value.
Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to attend to
Lender's interests and to inspect the Real Property for purposes of Grantor's compliance with the terms and conditions of this Deed of Trust.
Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter in
effect, of all governmental authorities applicable to the use or occupancy of the Property, including without limitation, the Americans With
Disabilities Act. Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding,
including appropriate appeals, so long as Grantor has notified Lenderln writing-prior b doing so and so long as, in Lender's sole opinion,
Lender's interests in the Property are not jeopardized. Lender may require Granbr to post adequate security or a surety bond, reasonably
satisfactory to Lender, to protect Lender's interest.
Duty to Protect. Grantor agrees neither to abandon or leave unattendedthe-Property. Gcanbr shall do all other acts, in addition b-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.
DUE ON SALE -CONSENT BY LENDER. Lender may, at Lender's option, .declare immediately due and payable all sums secured by ttus Deed of
Trust upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real Property, or any interest in the Real Property. A "sale
or transfer" means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal, beneficial or equi~ble; whether
voluntary or involuntary; whether by outright sale, deed, installment sale_contract, land contract, contract for deed, leasehold interest with a term greater
than three (3) years, lease-option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust holding title to the- Real
Property, or by any other method of conveyance of an interest in the Real Property. However, this option shall not be exercised by Lender if such
exercise is prohibited by federal law or by Idaho law.
TAXES AND DENS. The following provisions relating to the taxes and liens on the Property are part of this. Deed of Trust:
Payment. Grantor shall pay when due (and in all events-prior b 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 all claims br work done on or for services
rendered or material furnished to the Property. Grantor shall maintain the Property free of all liens having priority over or equal to the interest of
Lender under this Deed of Trust, except for the lien of taxes and assessments not due and except as otherwise provided in this Deed of Trust.
Right to Contest. Grantor may withhold payment of any tax, assessment, or claim In connection with a good faith dispute over the obligation to
pay, so long as Lender's interest in the Property is not jeopardized. If a lien aris8s or is filed as a resufl of nonpayment, Grantorshall within ffteen
(15) days after the lien arises or, if a Tien 6 filed, within fifteen (i5) d$ys~af~~orhas notice of the filling, secure the discharge Of the Ian, or-if
requested by Lender, deposit with Lender cash or a sufficient corporate surety-bond or other security satisfactory b Lender in an amount sufficient
to discharge the lien plus any costs and reasonable attorneys' fees,. or other charges that could accrue as$ result of a foreclosure or sale under
the lien. In any contest, Granbr shaA defend itself and Lender and shall satisfy arty adverse judgment before enforcerrrerrt against the Property.
Grantor shall name Lender as an additional obligee under any surety bond furnished in the contest proceedings.
Evidence of Payment. Grantor shall upon demand furnish- to Lender satisfactory evidence of payment of the taxes or assessmens .and shall
authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the
Property.
Notice of Construction. Grantor shalt notify Lender at least fifteen (i5) days before any work is commenced, any services are fumista3d, or any
materials are supplied to the Property, if any mechanic's lien, materialmen:s lien, or-other lien could be asserted on account othee work~secvices,
or materials. Grantor will upon request of Lender furnish b L~der advance assurances satisfactory to Lender that Grantor can and will pay the
cost of such improvements.
PROPERTY DAMAGE INSURANCE. The following provisions relafing b insuring the Property are a part of this Deed of Trust.
Maintenance of Insurance. Grantor shall procure and maintain polices of frie insurance with standard extended coverage endorsements on a
replacement basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of any
coinsurance clause, and with a standard mortgagee clause in favor of Lender. Grantor shall also procure and maintain comprehensive general
liability insurance in such coverage amounts as Lender may request with Trrutee and Lender being narrred as additional insureds in such Y
insurance policies. Additionally, Grantor shall maintain such other insurance, including but not limited b hazard, business interruption, and boiler
insurance, as Lender may reasonably require. Policies shall be written in form, amounts, coverages and basis reasonably acceptable to Lender
and issued by a company or companies reasonably acceptable to Lender. Granbr, upon request of Lender, will deliver b Lender from time to
time the policies or certificates of insurance in form satisfactory to Lender, including stipulations that coverages will not be cancelled. oc diminished
without at least ten (10) days prior written notice to Lender. Each insurance policy also shall include an endorsement providing that coverage in
favor of Lender will not be impaired in any way by any act, omission or default of Grantor or any other person. Should the Real Property be
located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Grantor agrees to
obtain and maintain Federal Flood Insurance, if available, within 45 days after notice is given by Lender that the Property is located in a special
flood hazard area, for the full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy
limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of the
•
DEED OF TRUST
Loan No: 57501-21 (Continued) Page 3
loan.
Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property. Lander may make proof of loss if Grantor
fails to do so within fifteen (15) days of the casualty. Whether or not Lender's security is impaired, Lender may, at Lender's election, receive and
retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or
the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the
damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or
reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor is not in default under this Deed of Trust. Any
proceeds which have not been disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration of the
Property shall be used first to pay any amount owing to Lender under this Deed of Trust, then to pay accrued interest, and the remainder, if any,
shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such
proceeds shall be paid to Grantor as Grantor's interests may appear.
Grantor's Report on Insurance. Upon request of Lender, however not more than once a year, Grantor shall furnish to Lender a report on each
existing policy of insurance showing: (t) the name of the insurer; (2) the risks insured; (3) the amount of the policy; (4) the property insured,
the then current replacement value of such property, and the manner of determining that value; and (5) the expiration date of the policy. Grantor
shall, upon request of Lender, have an independent appraiser satisfactory to Lender determine the cash value replacement cost of the Property.
LENDER'S EXPENDITURES. If arty action or proceeding is commenced that would materially affect Lender's interest in the Property or 'rf Grantor fails
to comply with any provision of this Deed of Trust or any Related Documents, including but not limited to Grantor's failure to discharge or pay when due
any amounts Grantor is required to discharge or pay under this Deed of Trust or any Related Documents, Lender on Grantor's behalf may (but shall not
be obligated to) take any action that Lender deems appropriate, including but not limited to discharging or paying all taxes, liens, security interests,
encumbrances and other claims, at any time levied or placed on the Property and paying all costs for insuring, maintaining and preserving the Property.
All such expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or
paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (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 (1) the term of arty applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment
which will be due and payable at the Note's maturity. The Deed of Trust also will secure payment of these amounts. Such right shall be in addition to
all other rights and remedies to which Lender may be entitled upon Default.
WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed of Trust:
Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property in fee simple, free and clear of all liens and
encumbrances other than those set forth in the Real Property description or in any title insurance policy, title report, or final title opinion issued in
favor of, and accepted by, Lender in connection with this Deed of Trust, and (b) Grantor has the full right, power, and authority to execute and
deliver this Deed of Trust to Lender.
Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the
lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of Trustee or Lender
under this Deed of Trust, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender
shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Grantor will
deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation.
Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws,
ordinances, and regulations of governmental authorities.
Survival of Representations and Warranties. All representations, warranties, and agreements made by Grantor in this Deed of Trust shall
survive the execution and delivery of this Deed of Trust, shall be continuing in nature, and shall remain in full force and effect until such time as
Grantor's Indebtedness shall be paid in full.
CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust:
Proceedings. If any proceeding fn condemnation 'ts filed, Grantor shall promptly notify Lender in writing, and Grantor shall promptly take such
steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding, but Lender shall be
entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Grantor will deNver or cause to
be delivered to Lender such instruments and documentation as may be requested by Lenderfrom time to time to permit such participation.
Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase
in lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness
or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all reasonable costs, expenses,
and attorneys' fees incurred by Trustee or Lender in connection with the condemnation.
IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees
and charges are a part of this Deed of Trust:
Current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to this Deed of Trust and take
whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Grantor shall reimburse Lander for all
taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Deed of Trust, including without limitation
all taxes, fees, documentary stamps, and other charges for recording or registering this Deed of Trust.
Taxes. The following shall constitute taxes to which this section applies: (1) a speCifrC tax upon this type of Deed of Trust or upon ail or any part
of the Indebtedness secured by this Deed of Trust; (2) a specific tax on Grantor which Grantor is authorized or required to deduct from
payments on the Indebtedness secured by this type of Deed of Trust; (3) a tax on this type of Deed of Trust chargeable against the Lender or the
holder of the Note; and (4) a specific tax on all or any portion of the Indebtedness .or 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 event shall have the same
effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless Grantor
either (1) pays the tax before it becomes delinquent, or (2) contests the tax as provided above in the Taxes and Liens section and deposits with
Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender.
SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security agreement are a part of
this Deed of Trust:
DEED OF TRUST
Loan No: 57501-21 (COt1tInUiBd)
Page 4
Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shall
have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time.
Security Interest. Upon request by Lender, Grantor shall execute financing statements and take whatever other action is requested by Lender to
perfect and continue Lender's security interest in the Rents and Personal Property. In addition to recording this Deed of Trust in the real property
records, Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this Deed of
Trust as a financing statement. Grantor shall reimburse Lender for all expenses incun'ed in perfecting or continuing this security interest. Upon
default, Grantor shall not remove, sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble any Personal
Property not affixed to the Property in a manner and at a place reasonably convenient to Grantor and Lender and make it available to Lender
within three (3) days after receipt of written demand from Lender to the extent permitted by applicable law.
Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party) from which information concerning the security interest
granted by this Deed of Trust may be obtained (each as required by the Uniform Commercial Code) are as stated on the first page of this Deed of
Trust.
FURTHER ASSURANCES; ATTORfilEY-1N-FACT. The bliowing provisions relating to further assurances and attorney-in-fact are a part of this Deed
of Trust:
Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, or will cause to be
made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, refiled, or
rerecorded, as the case may be, at such times and in such offices and pieces as Lender may deem approprisi~e, arty and all such mortgages,
deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, certificates,
and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue, br
preserve (1) Grantor's obligations under the Note, this Deed of Trust, and the Related Documents, and (2) the liens and security interests
created by this Deed of Trust as first and-prior liens on the Property, whether now owned or hereafter_acquired by Grantor. Unless prohibited by
law or Lender agrees to the contrary in writing, Grantor shall reimburse Lender for all costs and expenses incurred in connection with the matters
referred to in this paragraph.
Attorney-in-Fact. If Grantor fails to do any of the things referred to in the preceding paragraph, Lender may do so forartd in the name of Grantor
and at Grantor's expense. For such purposes, Grantor hereby irrevocably appoints Lender as Grantor's attorney-in-fact for the purpose of
making, executing, delivering, fdfng; recording, and doing all other things as may be necessary or desirable, in Lenders sole opinion, to
accomplish the matters referred to in the pneceding paragraph.
FIAL PERFORMANCE. If Grantor pays all the Indebtedness when due, and otherwise pertorms ail the obligations imposed upon Grantor under this
Deed of Trust, Lender shall execute and .deliver to Trustee a request for full reconveyance and. shall execute_and deliver to Grantor suitable statements
of termination of any financing statement on file-evidencing Lenders security interest in the Rerrts and ttae-Personal Property. Any reconveyance fee
required by law shall be paid by Grantor, if permitted by applicable law.
EVENTS OF DEFAIAT. Each of the foAowing; at Lenders option, shall constitute an Event of Default under this. Deed_of Trust:
Payment Default. Grantor fads to-make any payment when due under the Indebtedness.
Other Defaults. Grantor fails to comply with or to. perform any other term, obligation, covenant or condition contained in this Deed of Trust or in
any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement
between Lender and Grantor.
Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in-this Deed=of Trust; the Note or in any of
the Related Documents. If such a failure is curable and if Grantor has not been given a notice of a breach of the same prevision of this Deed of
Trust within the preceding twelve- (t2) months, it may be cured (and no Event of Default will have occurred) if Grantor, after Lender sends written
notice demanding cure of such failure: (a) cures the failure within fifteen (15) days; or (b) if the cure ~ more than fifteen (15) days,
immediately initiates steps sufficient to cure-the failure and thereafter continues and completes aU remand-neeessary steps suffrcieni to
produce compliance as soon as reasonably practical.
Default on Other Payments. Failure of Grantor within the time required. by this Deed of Trust to make any payment for taxes or insurance, or any
other payment necessary b prevent filing of onto effect discharge of arty lien.
False Statements. Any warranty, representation or statement made or famished to Lenderby Grantor- or on Gsaritors behalf under this Deed of
Trust or the Related Documerrts is_false or misleading in any material respect, either now or at thefime made. or famished. or becomes false or
misleading at any time thereafter.
Defective Collateralization. This Deed of Trust or any of the Related Documents ceases to be in full force and effect (including failure of any
collateral document to create a valid andperfeeted security interest or lien) at any time and for any reason.
Insolvency. The dissolution or taermination of Granbrs existence as a gang business, the insolvency of Grantor, the=appnirrtment of a receiver for
any part of Grantor's property, arty assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding
under any bankruptcy or insolvency laws by or against Grantor.
Creditor or Forfeiture Prviceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial. proceeding, self-help,
repossession or any other method, by any creditor of Grantor or by arty goverhmerttal agency agairst.arry property securing the Indebtedness.
This includes a garnishment of any of Grantor's accounts, including deposit accounts, with Lender. However, this.Event of Default shall not apply
if there is a good faith dispute by Grantor as to the validity or reasonableness of the claim which is the basis of the>creditor or forfeiture proceeding
and if Grantor gives lender written native of the creditor or forfefture proceedmg and deposits with Lender monies ore surety bond for the creditor
or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate-raserve ocborrd-for the dispute.
Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor andlender that is not remedied
within any grace period provided therein, including without limitation any agreement concerning any indebtedness_or other oblgaton of Grantor to
Lender, whether existing now or later.
Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any
of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity
of, or liability under, any Guaranty of the Indebtedness. In the event of a death, Lender, at its option, may, but shall not be required to, permit the
guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure
any Event of Default.
• •
DEED OF TRUST
Loan No: 57501-21 (Continued)
Page 5
Adverse Change. A material adverse change occurs in Grantor's financial condition, or Lender believes the prospect of payment or performance
of the Indebtedness is impaired.
Insecurity. Lender in good faith believes itself insecure.
Right fo Cure. If such a failure is curable and if Grantor has not been given a notice of a breach of the same provision of this Deed of Trust within
the preceding twelve (12) months, it may be cured (and no Event of Default will have occurred) if Grantor, after Lender sends written notice
demanding cure of such failure: (a) cures the failure within fifteen (15) days; or (b) if the cure requires more than fifteen (15) days, immediately
initiates steps sufficient to cure the failure and thereafter continues and completes all reasonable and necessary steps sufficient to produce
compliance as soon as reasonably practical.
RIGFfTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at any time thereafter, Trustee or Lender may exercise
any one or more of the following rights and remedies:
Notice of Default. In the Event of Default Lender shall execute or cause the Trustee to execute a written notice of such default and of Lender's
election to cause the Property to be sold to satisfy the Indebtedness, and shall cause such notice to be recorded in the office of the recorder of
each county wherein the Real Property, or any part thereof, is situated.
Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make
expenditures or b take action to perform an obligation of Grantor under this Deed of Trust, after Grantor's failure to perform, shall not affect
Lender's right b declare a default and exercise its remedies.
Accelerate Indebtedness. Lender shall have the right at its option without notice to Grantor to declare the entire Indebtedness immediately due
and payable, including any prepayment fee which Grantor would be required to pay.
Foreclosure. With respect to ail or any part of the Real Properly, the Trustee shall have the right to foreclose by notice and sale, and Lender shall
have the right to foreclose by judicial foreclosure, in either case in accordance with and b the full extent provided by applicable law.
UCC f2eeaedies. With respect to all or any part of the Personal Property, Lender shall have aA the right and remedies of a secured party under
the Uniform Commerclal Coda
Collect Rents. Lender shall have the right, without notice to Grantor to take possession of and manage the Property and collect the Rents,
including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. In furtherance of
ttris right, lender may require any tenant or other user of the Property b make payments of rent or use fees directly to Lender. If the Rents are
collected_by Lender, then Grantor irrevocably designates Lender as Grantor's attorney-in-fact to endorse instruments received in payment thereof
in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's
demand -shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender may
exercise its rights under this subparagraph either in person, by agent, or through a receiver.
Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to
protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the-Rents from the Property and apply the
proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond if permitted by law.
Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a
substantial amount. Employment by Lender shah not disqualify a person from-serving as a-receiver.
Tenancy °at Sufferance. If Grantor rams+ns in possession of the Property after the Property fs sdd as provided above or Lender otherwise
becomes.erttitied to possession of the Property upon default of Grantor, Grantor shall become a tenant at sufferance of Lender or the purchaser
of the Property and shall, at Lender's option, either (1) pay a reasonable rental for the use of the Property, or (2) vacate the Property
immedia~aly upon the demand of Lender.
Otfrer Remedies. Trustee or Lender shall have arty other right or remedy provided in this Dead of Trust or the Note or by law.
Natice°of Sale. Lender shall give Grantor reesora{bta notice of the time and place of any public sale of the Personal Property ~ of the 6me after
which any private sale or other intended disposition of the--Personal Property is to be made. Reasonable notice shall mean notice given at fast
ten (10) days before the time of the sale or disposition. Any sale of Personal Property may be made in conjunction with any sale of the Real
~~~
Ballot-.tbt Property. To the extent permitted by applicable law, Grantor hereby waives any and all rights b have the Property marshalled. In
exercising its rights and remedies, the Trusteeor Lender shall be free to sell all or any part of the Property together or ~parately, in one sale or by
separates sales. Lender stall be entitiad b bid at any pubNc sale on all or any portion of the Property. Notice of sale having been given as then
required by law,-and not less than the time required by law having elapsed, Trustee, without demand on Grantor, shall sell the property at the 6me
and place fixed by ff in the notice of safe at public auction b the highest bidder for cash in lawful money of the United States, payable at time of
sale. Trustee shall deliver b the purchaser his or her dead conveying the Property so sold, but wfthout any covenant or warranty express or
implied. The recitals in such deed of arty matters or facts shall be conclusive proof of the truthfulness of such matters or facts. After deducting all
costs, fees and expenses of Trustee and of this Trust, including cost of evidence of titre and reasonable attorneys' fees, including those in
connection with the sale, Trustee shall apply proceeds of sale to payment of (a) all sums expended under this Deed of Trust, not then repaid with
interest thereon as provided in this Deed of Trust; (b) all Indebtedness secured hereby; and (c) the remainder, ff arry, to the person ~ persons
legally entitled thereto.
Attorneys' Fees; Expenses: If Lender institutes any suit or action to enfon;e any of the terms of this Deed of Trust, Lender shall be entitled to
recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action is
involved,_and b the extent not prohibited by taw, all reasonable expenses Lender incurs that in Lender's opinion era necessary at any time for the
protection of its interest or the enforcement of its rights shalt become a part of the Indebtedness. payable on demand and shall bear interest at the
Note- rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any
limits -under applicable law, Lender`s reasonable attorneys' fees and Lender's legal expenses whether or not there is a lawsuit, including
reasonable attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction),
appeals, and any anticipated post-judgment collection services, the cost of searching records, obtaining tftte reports (including foreclosure
reports), surveyors' reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by applicable law. Grantor also will
pay any court costs, in addition to all other sums provided by law.
Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this section.
POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are part of this Deed of Trust:
DEED OF TRUST
Loan No: 57501-2~ (Continued) Page 6
Powers of Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee shall have the power to take the following actions with
respect to the Property upon the written request of Lender and Grantor: (a) join In preparing and filing a map or plat of the Real Property,
including the dedication of streets or other rights to the public; (b) join in granting any easement or creating any restriction on the Real Property;
and (c) join in any subordination or other agreement affecting this Deed of Trust or the interest of Lender under this Dead of Trust.
Obligations to Notity. Trustee shall not be obligated to notify any other party of a pending sale under any other trust deed or lien, or of any action
or proceeding in which Grantor, Lender, or Trustee shall be a party, unless the action or proceeding is brought by Trustee.
Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights and remedies set forth above,
with respect to all or any part of the Property, the Trustee shall have the right to foreclose by notice and sale, and Lender shall have the right to
foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable law.
Successor Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee. appointed under this Deed of
Trust by an instrument executed and acknowledged by Lender and recorded in the office of the recorder of ADA County, State of Idaho. The
instrument shall contain, in addition to all other matters required by state law, the names of the original Lender, Trustee, and Grantor, ttre book- and
page where this Deed of Trust is recorded, and the name and. address of the successor trustee, and the instrument shall be executed and
acknowledged by Lender or its successors in interest. The successor trustee, without conveyance of the Property, shall succeed to all the title,
power, and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for substitution of Trustee Shalt govern
to the exclusion of all other provisions for substitution.
NOTICES. Any notice required to be given under this Deed of Trust, induding without Hmitation any notice of default and any noticae..of sale still be
given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when
deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail
postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. All copies of notices of foreclosure from the holder of any
lien which has priority over this Deed of Trust shall be sent b Lender's address, as shown near the beginning of this Deed of Trust. Any party may
change its address for notices under this Deed ofTrust by giving formal written notice to the other parties, specifying that the purpose of the notice is b
change the party's address. For notice purposes, Grantor agrees b keep Lender informed at all times of Grantor's current address. Unless otherwise
provided or required by law, if there is more than one Grantor, any notice given by Lender to any Grantor is deemed b be notice-given to all Grantors.
"NOTICE OF 5 YEAR CALL OPTION. "Your lender has the right to call this loan due on each fifth anniversary of the loan. The lender may exercise this
right any time during the thirty-day period immediately foAowingeach fifth anniversary date of the loan.
"If the lender exercises its right to call the loan, upon receipt of notice, YOU WILL BE REQUIRED TO PAY THE LOAN IN FULL. (OR ARRANGE NEW
FINANCING) WITHIN NINETY (90) DAYS. You should be aware that interest rates in effect at the time of the call may be subs>$rrtielly-higher-thanthe
interest rate on the original loan.
"It cannot be predicted at this time whether or not the lender will exercise the option; however, it will generally be to the lenders advantage to exercise
the option if an increase in interest rates has occurred or is anticipated, if the term of the loan extends significantly beyond the -option dater. or if other
reasons exist making the call of the loan advantageous to the lender.".
MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire .understanding and- agreement of the parties as to
the matters set forth in this Deed of Trust. No alteration of or amendment to this Deed of Trust shall be effective unless given in writing and signed
by the party or parties sought to be charged or bound bythe Wtetstion or amendment.
Annual Reports. If the Property is used for purposes ottrer than 6rarrtor's residence, Grantor shaA famish b Lender, upon n3grrest, a certified
statement of net operating income received from the Property during. Grantor's previous-fiscal year in such form and detail as Lender shall require.
"Net operating income" shall mean all cash receipts from the Property less all cash expenditures made in connection with tha..operation-of.the
Properly.
Caption Headings. Caption headings in this Deed of Trust are-for comrenience purposes only and are not b be used b interpret or define-the
provisions of this Deed of Trust.
Merger. There shall be no merger of the interest or estate created by .this Deed of Trust with any other interest or estate in the Property at-any
time held by or for the benefrt of Lender in any capacity, without the written consent of Lender.
Governing Law. This Deed of Trust wiN be governed by, ccrostrued and enbrcxd in a~rdm+ce with tiedecat la9v ~laaRs otthe :State
of CaNfornla, except and only b the extent of cad matters related b the perfection aad ~ of Leader's=rt~_aod
remedies against the Property, which matters studf be-gaverned by the laws of the State of Idaho. Homer, in the everYthat:the
enforceability or validity of any provision of tilts Deed of Trust is challenged or questioned, such provision shit be governed- by
whichever applicable state or federal law would-[void or v~d.entorce such challenged or questlaased praviaioa. 1'tee~ioart'trt~r
which is evidenced by the Note and Ehis Deed of Trust-has~been.apptied for, consWered, approved and n;ade;=aad:aH necessary loan
documents have been accepted by Lender in ~e S~-ot(a.
Choice of Venue. If there is a lawsuit, Cuantor agrees upon Landers nsquest to submit to the jurisdiction of the courts of ADA County, State. of
Idaho.
No Waiver by Lender. Lender shall not be deemed b have waived any rights under this Deed of Trust unless such waiver is given to writing and
signed by Lander. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A
waiver by Lender of a provision of this Deed of Trust strap not prejudice or constitute a waiver of Lenders rigtrt otherwise b demand strict
compliance with that provision or any other provLsion of this Deed of Trust. No prior waiver by Lender, nor arty course of deadrrg between. Lender
and Grantor, shall constitute a waiver of any of Lenders rights or of any of Grantors obligations as b any future harisacirorrs: Whenav~ the
consent of Lender is required under this Deed of Trust, the granting of such consent by Leader in any irrstarrc~ shall not rror>stituta-continuing
consent to subsequent instances where such consent is required and~in all cases such consent may ba granted or withheld in the sole discretion
of Lender.
Severability. If a court of competent jurisdiction finds any provision of this -Deed of Trust to be illegal, invalid, or unenforceable as to any
circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other circumstance. If feasible, the
offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified,
it shall be considered deleted from this Deed of Trust. Unless otherwise required by law, the illegality, invalidity, or unenforceability of any
provision of this Deed of Trust shall not affect the legality, validity or enforceability of any other provision of this Deed of Trust.
• DEED OF TRUST
Loan No: 57501-21 (Continued)
Page 7
Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Grantor's interest, this Deed of Trust shall be
binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes vested in a person other
than Grantor, Lender, without notice to Grantor, may deal with Grantor's successors with reference to this Deed of Trust and the Indebtedness by
way of forbearance or extension without releasing Grantor from the obligations of this Deed of Trust or liability under the Indebtedness.
Time is of the Essence. Time is of the essence in the performance of this Deed of Trust.
Waiver of Homestead Exemption. Grantor hereby releases and waives all rights and benefits of the homestead exemption laws of the State of
Idaho as to all Indebtedness secured by this Deed of Trust.
DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Deed of Trust. Unless specifically
stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in
the singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise defined in this
Deed of Trust shall have the meanings attributed to such terms in the Uniform Commercial Code:
Beneficiary. The word "Beneficiary" means Christian Community Credit Union, a California Corporation, and its successors and assigns.
Borrower. The word "Borrower" means INTERNATIONAL CHURCH OF THE FOURSQUARE GOSPEL, and all other persons and entities signing
the Nate in whatever capacity.
Deed Of Trus#. T1te-words "Deed of Trust" mean this Deed of Trust among Gn~ntor, Lender, and Trustee, and includes without limitation all
assignment and security interest provisions relating to the Personal Property and Rents.
Default. The word "Default" means the Default set forth in this Deed of Trust in the section titled default".
Environmental laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances relating to
the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as_amen~+d, 42 U.S.C. Section 9601, et seq. ("CERCLA'~, the Superfund Amendments and Reauthorization Act of 1986, Pub.
L. No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource Conservation and Recovery
Act, 42 U.S~C. Section 6901,>et seq., Chapters 6.5 through 7.7 of Division 20 of the California Health and Safety Code, Section 25100, et seq., or
other applicable state or federal laws, rules, or regulations adopted pursuant thereto.
Event of Default: The words "Event of Default" mean any of the events of default set forth in this Deed of Trust in the events of default section of
this Deed ofTrust.
Grantor. The-word "Grantor" means INTERNATIONAL CHURCH OF THE FOURSQUARE GOSPEL.
Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation .party to Lender, including without
limitation a guaranty of-alF orpartof the Note.
Hazardous Substanees. The'-words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical, chemical
or infectious characteristics,. may.cause or pose a present or potential hazard to human health or the environment when improperly used, treated,
stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous Substances" are used in their vary
broadest sense and include-without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed under the
Environmental. Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and petroleum by-prodlicis or any fraction
thereof and asbestos.
dnproveaunts. The word "Improvements" means aA existing and future improvements, buildings, structures, mobile horses affixed on the Real
Property, facilities, additions, replacements and other construction on the Real Properly.
Indebtedness:: The word:"Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note or Related
Documents, together with.at4_renewaJs of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents
and any amounts-expended-vr advanced by Lender to discharge Grantor's obggations or expenses incurred by Trustee or Lender b enforce
Grantor's obligations-uacterthis Dead of Trust, together with interest on such amounts as provided in this Deed of Truss.
Lender. The word.lendsr" means .Christian Community Credit Ur»on, a Califomia Corporation, its successors and assigns.
Note. The ward "No13e" rneans the promissory note dated August 1, 20trL, in fhe original principal amount of 5175,OOO.I30 from
Grantor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the
promissory note or agn3ement.
Personal-P-ope~rfy: The-words'"Personal Property" mean ail equipment, fndures, and other articles of personal property now or hereafter owned
by Grantor, and crow or hereafter attached or affored to the Real Property; together with all accessions, parts, and additions to, all replacements of,
and all substitutions-for,~ny of_such property; and together with all proceeds (including without limitation aH insurance proceeds and refunds of
premiums) from any sale or other disposition of the Property.
Property. Tire word "Pr•operfy" means collectively the Real Property and the Personal Property.
Real Property. The words-"Real Property" mean the real property, interests and rights, as further described in this Deed of Trust.
Related Documents. Tfie words "Related. Documents" mean all promissory notes, credit agreements, loan agreements, environmental
agreements, .guaranties, -security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments,
agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness.
Rents. The word "Barite"-rrmans all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the
~P~y
Trustee. The word "Trustee" means S.B.S. Trust Deed Network, A California Corporation, whose address is 29229 Canwood Street, ~Yt10,
Agoura Hills, CA 91301-1503°and arty substitute or successor trustees.
~~ • •
DEED OF TRUST
Loan No: 57501-21 (Continued)
Page 8
GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND GRANTOR AGREES TO ITS TERMS.
GRANTOR:
INTERNATIONAL CHURCH OF THE FOURSQUARE GOSPEL
DR. PAUL C. RIBBER, PRESIDENT of f
INTERNATIONAL CHURCH OF THE FOURSQUARE INTERNATIONAL H OF THE FOURSQUARE
GOSPEL GOSPEL
Sterling Brackett, Assistant Secretary
CORPORATE ACKNOWLEDGMENT
STATE OF ~ 1- ~ ~~,~ ~~
SS
COUNTY OF I.D A`Yl eleS ~
On this ~('1 .day of f~u.~tcST , in the year 20 02 ,before me 7L. ~ , 5c){~-jjn
a notary ublic in and for the State of Idaho, personally appeared OR. PAUL C. RIBBER, PRESIDENT
an of INTERNATIONAL CHURCH OF THE FOURSQUARE GOSPEL, known or identified to me
(or proved to me on the oath of ), to be..authorized slyness of INTERNATIONAL CHURCH OF THE
FOURSOUARE GOSPEL, tare corporation that executed the instrument or the persons who executed the-instrument on behalf of said corporation, and
acknowl~e~d to me that such corporation executed the same.
~-~/~. ~c~ Res~9-~r ~:o s ~a ~-tee ~ e s
Notary Public foFidehoC~+li,=prnre
r- ~~,.~ ~
My commisstoc, exptres q- L O- C 3
* STERLING BRACKETT, ASSISTANT SECRETARY
~~~ _ _~
~~ G -s, I :. ., .,t -
r..•.~ __..• -
REQUEST FOR FULL RECONV:EYANCE
(To be used only when obligations have been-paid in full)
To: .Trustee
The undersigned is the legal owner and' holder of all Indebtedness secured by this Deed of Trust. All sums-secured by this Deed of Trust have been
fully paid and satisfied. You are hereby directed, upon payment to you of any sums owing to you under the-terms of this Deed of Trust or pursuant to
any applicable statute, to cancel the Note secured by this Deed of Trust (which is deliveFed to you together with this Deed of Trust), and to reconvey,
without warranty, to the parties designated by the terms of this Deed of Trust, the estate now-held by you under this Deed of Trust. Please mail the
reconveyance and Related Documents to:
Date:
~Y~
$Y~
Its:
LASER PRO UntlM9, Wr. S.t9.00.09 Copr. Nulantl Fi,w,cW S9Wnona, Inc. 1967, T002 MIAi91„a-Rparva0. - 10lCA F:ICFIWN/1(FI\L'7L\OO1F0 TR-taG7 iR-27
TREASURE VALLEY WORSHIP CENTER
A Foursquare Church serving Meridian and the growing Treasure Valley • Gordon N. Slyter, Pastor
Calculations table:
Number of Parking Stalls
Building Size .Existing
• Mfd Home
Lot Size
Landscaping
Open Space
Setbacks
Fencing
Screening & coverage
~lSAVID 0. KRUSE ~ `~ (/~ /(~~
Asst.: Pastor
35
40' x 104'
2 8' x 40'
208' x 313'0
.Per enclosed Landscape plan
Per enlosed site plan
20' fm N. Fence
55' fm E.curb on Meridian Rd
N/A
N/A
P. O. Box 545 • Meridian, Idaho 83680-0545. • (208) 887-0801
•
TREASURE VALLEY WORSHIP CENTER
A Foursquare Church serving Meridian and the growing Treasure Valley • Gordon N. Slyter, Pastor
November 13, 2002
To our Friends & Professionals at Planning and Zoning:
The proposed usage of this manufactured home will be to allow us to have
room for our youth . We are maxed out in our current class rooms and this
,will give us that ability to have sufficient room for our youth.
Thank You.
~. _~
,;
~ -~ ~ ~ t .:~--
~~ ~~ ~ ~
DAVID 0. KRUSE
Asst. Pastor
P. O. Box 545 • Meridian, Idaho 83680-0545 • (208) 887-0801
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ivIAYOR
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C1 1NCIL MEMBERS
Timmy ~lt;Wccrll
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LtGAL UEPARTM1IENI'
l'08) 235.2199 • Pac 2s3•liol
PARKS Sc REC1tCATInN
(_08 858-7579 • Fac 898-1501
PUDLIC WORKS
1208) 88.5500 •Fac 887.1297
William L. M. N:Iry
Cherie McCanctlcu
BUILUINC; UtYAFCI'MENT
(?08183)-?211 •Fax 587.1397
Keith Bllil 21t,I.t•,r~t[.~~L•cr PLANNf1iVG ANO ZONING
I t Boa (2031854-5 S )~ • Fuc 888-GSSa
TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian Planning
and zoning Commission, please submit your camrnents and recommendations to Meridian City Cleric's Office
Aun: Will Berg, City Cterk, by: Septembet 12, 2002
Transmittal Date: July Z6, 2002 Hearing Oate: September 19, 2002
File No.: CUP 02-023
Request: Conditional Us® Permit to place a Class A manufactured home on permanent
foundation in an L-O zone for Treasure Valley Worship Center
By: ~ Treasure Valley Worship Center
Location of Properly or Project:
Meridian School District (No FP)
Meridian Post Office (FP~PP onyl
Ada County Highway District
Community Planning Assoc.
Central District Health
Nampa Meridian Irreg. District
Settlers Irrigation Dlstrld
Idaho Power Co. (FP/PPOnry)
U.S. West (FPA~P oNy)
Intermountain Gas (FPiPP only)
Bureau of Reclamation (FP/PPoMy)
Idaho Transportation Department (No FP)
Ada County (Arrnsxadon oNy)
Building Department Your Concise Remarks:
Fire Oepartmenl f,,IP,,Jf ~ tD PP o F~ ~.te.c ~2s ~ ,_,~ S, S G
Police Department
City Attorney
City Engineer
_City Planner
, Parks Department
50 West Spicewood Drive
David Zaremba, P/Z (No VAR, VAC, FP)
Deny Centers, P/Z (No VAR, VAC, FP)
Leslie Mathes, PR (No VAR VAC. FP)
Keven Shreeve, P2 (No VAR, vac, FP)
Keith Borup, P1Z (No VAR. VAC, FP)
Robert Carrie, Mayor
Bill Nary, C/C
Tammy deWeerd, C!C
Koith Blvd, C/C
Cherie McCandless, C/C
Water Department
Sewer Department
~-Sanitary Service (No VAR, VAC, fP)
33 EAST IDAHO • MERIDIAN, ID.4Ht7 8315.32
(208) 888-~t33 •Fax (208) 387.4813 C1ty Clcrtc Ot'ficc Fax (206} 888-4218 Human Racources Fax (208) 684.8723
SEP 05 '02 10 09 208-888-5052 PAGE.04
C:
•
,,, _ Right-of-Way & Development Department
~ «~ ~~ ~ ~ Planning Review Division
CHD
April 7, 2005
TO: Treasure Valley Worship Center
50 W Spicewood
Meridian, ID 83642
SUBJECT : MCZC-OS-029
Parking Lot
50 W Spicewood
On August 3, 2002, the Ada County Highway District acted on MCUP02-023. The conditions and
requirements also apply to MCZC-OS-029.
The location and width of the proposed driveway that aligns with the existing driveway located
across Spicewood Street does meet district policy and is approved with this application.
• You will need to submit final plans to the ACHD Development Review Department prior to
receiving final approval.
• A traffic impact fee will be assessed by ACRD and will be due prior to the issuance of a
building permit. Contact ACRD Planning & Development Services at 387-6170 for
information regarding impact fees.
If you have any questions, please feel free to contact me at (208) 387-6171.
Sincerely, /~ (~
Karen Anderson
Planner 1, Planning Division
Right-of--Way and Development Services
cc: Project File, Construction Services, Utilities
Meridian City
Briggs Engineering
1800 W Overland
Boise, ID 83705
~* ~ ~k~ Ada County Highway District
Dave Bivens 1st ~ce President Garden City ID 83714-6499
Judy Peavey-Derr, 2nd ~ce President Phone (208) 387-6100
Susan S. Eastlake, Commissioner FAX (208)387-6391
Sherry R. Huber, Commissioner E-mail: tellus~ACHD.ada.id.us
November 25, 2002
R~CE'~'ED
TO: David Kruse
C/O Treasure Valley Worship Center DEC 0 4 2002
50 W. Spicewood Drive CITY OF MERIDIAN
Meridian, ID 83642 PLANNING & ZONING
SUBJECT: MCZC02-058
Church Classroom
50 W. Spicewood Drive
On August 13, 2002, the Ada County Highway District acted on MCUP02-023. The submitted site plan for
MCUP02-023 and MCZC02-058 indicated parking lot improvements on a parcel on the south side of
Spicewood Drive, and the District commented on those proposed improvements. The District has since been
notified that the parking improvements on the south side of Spicewood Drive are "future" improvements, and
are not a part of the proposed application. Therefore, there are no Site Specific Requirements relating to
MCUP02-023/MCZC02-058. When the parcel on the south side of Spicewood Drive is proposed for
improvements the District intends to comment and may imply Site Specific Requirements.
NOTE: Impact fees will be assessed on structures new to the site. These fees are collected in accordance
with Ordinance #195, the Ada County Highway District Road Impact Fee Ordinance.
If you have any questions, please feel free to contact this office at (208) 387-6170.
cerely,
N~
Craig Hoo
Development Analyst
Planning & Development
Cc: Planning & Development/Chron/Project File
Construction Services
Drainage/Utilities
Int'I Church of the Foursquare Gospel, 1910 W. Sunset Blvd., Ste. 200, Los Angeles, CA, 90026
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