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Tri-City Meats Addition CZC 05-066 • / HCiB OF TREASURE VALLEY MAYOR A Good Place to I_,ive LEGAL DEPARTMENT (208) 888-4433 • Fax 887-4813 Tammy deWeerd CITY OF MERIDIAN PUBLIC WORKS CITI' COUNCIL MEMBERS BUILDING DEPARTMENT Keith Bird 33 EAST IDAHO (208) 887-2211 • Fax 887-1297 Christine Donnell MERIDIAN, IDAHO 83642 Shaun Wazdle (208) 888-4433 • FAX (208) 887-4813 PLANNING AND ZONING Chazles M. Rountree City Clerk Office Fax (208) 888-4218 DEPARTMENT (208) 884-5533 • F:1X 888-6854 CERTIFICATE OF ZONING COMPLIANCE* Date: Ma~31, 2005 Owner: Randy D Hetrick Applicant: Hansen-Rice Inc. Project Name: Tri-City Meats Addition Project Address: 1346 N Hickory Avenue Proposed Use: Food Storage Zoning: Comments: Conditions of Approval: The issuance of this permit does not release the applicant from any requirements of Meridian City Code. Si~rlage: No signs are approved with this CZC. All signs will require a separate sign permit in compliance with the sign ordinance. Site Plan: The Site Plan is approved per Sheet "C 1.0" (dated 5-13-05, by EHM Engineers), stamped "approved" on 5/31 /O5, and per the 8 '/2 x 11"plan. The plans are not to be altered without prior written approval of the Planning & Zoning Department. No significant field changes to the site plan is permitted; prior written approval of all changes is required. Undeveloped Property: The undeveloped portion of this site must be kept mowed and free from weeds over 8" in height. No parking, outdoor storage or other use is permitted on the undeveloped portion of the lot without approval from the City of Meridian. Sidewalks: All sidewalks shall be constructed as shown on the approved Site Plan and in accordance with the Meridian City Code requirements (MCC 12-5-2.K). Sidewalks shall be constructed prior to occupancy of the permanent building. Parking The parking area shall be paved and striped in accordance with MCC 11-13-4. Projectengineer/architect shall certify that the number and size of handicap-accessible spaces conforms to the Americans with Disabilities Act (ADA). Handicap accessible stalls must have signage in accordance per ADA. Drainage: Storm water drainage swales shall not have a slope steeper than 3:1, shall be fully vegetated, and shall be designed in compliance with the MCC. Curbin :Per Ordinance 12-13-7-9, all landscape areas adjacent to driveways, parking lots, or other vehicle use areas, must be protected by curbing, wheel stops, or other approved protective devices. Curbing maybe cut to allow for storm water runoff. ~ i .~ CHD ~ioe,c~~o Xitv~c:co John 5. Franden, President Sherry R. Huber, 1st Vice President David Bivens, 2nd Vice President Carol A. McKee, Commissioner Rebecca W. Arnold, Commissioner June 6, 2005 (~~ To: Hansen -Rice, Inc ~1 \ 1717 E Chisholm Dr Nampa, ID 83687 Subject: Staff level approval of MCZC-05-066 Cooler addition and seafood operation area 1346 N Hickory Avenue This is a staff level approval of MCZC-05-066. The applicant is proposing to construct two (2) additional buildings on the site. Currently there is (1) driveways for this site located on Hickory Avenue. No new access points to Hickory Avenue are being proposed and none are approved with this application. Hickory Avenue is classified as a collector roadway with 2 traffic lanes and 60 feet of right-of-way abutting the site. District policy 7204.6.5 requires a 7-foot wide attached (or 5-foot detached) concrete sidewalk on all collector roadways and arterial roadways. Due to the fact that adjacent properties have an existing 5-foot attached concrete sidewalk abutting their parcels the District will allow a modification of policy and require a minimum 5-foot wide attached concrete sidewalk constructed to match existing improvements located on the parcel directly to the south. District policy 7203.6 requires the applicant of a proposed development to make improvements to existing damaged sidewalk; curb and gutter construction or replacement; replacement of unused driveways with standard curb, gutter and sidewalk; installation of pedestrian ramps; pavement repairs; signs; traffic control devises; and other similar items in order to correct deficiencies or replace deteriorated facilities. Applicant's Requirement: 1. Construct a minimum 5-foot wide attached concrete sidewalk with ADA and ACHD approved pedestrian ramps abutting the site on Hickory Avenue. 2. Make any and all repairs to existing curb and gutter abutting the site. 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 ACHD Planning 8 Development Services at 387-6170 for information regarding impact fees. If you have any questions, please feel free to contact me at 208-387-6174. Sincerely, Karen Anderson Planner I, Planning Division Right-of-Way 8 Development Services CC: Project file, Construction Services City of Meridian Randy D Hetrick 1346 N Hickory Avenue Meridian, ID 83642 Enclosures: Site Plan Development Check List ~ ~ P=~2- • HUB OF TREASURE VALLEY MAYOR A Good Place to Live 1.EG.4L DEPAR"I'MENT Tammy deWeerd (208) 888-4433 • Fax 887-4813 CITY COUNCIL MEMBERS CITY OF MERIDIAN PUBLIC WORKS Keith Bird 33 EAST IDAHO BUILDING DEPARTMENT Christine Donnell MERIDIAN IDAHO 83642 (208) 887-221 ] • Fax 887-1297 Shaun Wardle (208) 888-4433 • FAX (208) 887-4813 PLANNING AND ZONING Charles M. Rountree City Clerk Office Fax (208) 888-4213 DF;I'ARTMEN"1' (208) 884-5533 ~ PAX 888-6854 CERTIFICATE OF ZONING COMPLIANCE ~~ Date: May 31, 2005 :._ ' "''' Cz~~"_ o~ _. ~..~--._.`066 Owner: _ ices o ~A~ Dy ~~~~21 AIL Applicant: Hansen-Rice, Inc. Project Name: Tri-City Meats Addition Project Address: 1346 N. Hickory Avenue Proposed Use: Food Storage Zoning: I-L Comments: Conditions of Approval: The issuance of this permit does not release the applicant from any requirements of Meridian City Code. Si ng awe: No signs are approved with this CZC. All signs will require a separate sign permit in compliance with the sign ordinance. Site Plan: The Site Plan is approved per Sheet "C1.0" (dated 5-13-05, by EHM Engineers), stamped "approved" on 5/31/O5, and per the 8 '/z x 11"plan. The plans are not to be altered without prior written approval of the Planning & Zoning Department. No significant field changes to the site plan is permitted; prior written approval of all changes is required. Undeveloped Property: The undeveloped portion of this site must be kept mowed and free from weeds over 8" in height. No parking, outdoor storage or other use is permitted on the undeveloped portion of the lot without approval from the City of Meridian. Sidewalks: All sidewalks shall be constructed as shov~m on the approved Site Plan and in accordance with the Meridian City Code requirements (MCC 12-5-2.K). Sidewalks shall be constructed prior to occupancy of the permanent building. Parkin The parking area shall be paved and striped in accordance with MCC 11-13-4. Project engineer/architect shall certify that the number and size ofhandicap-accessible spaces conforms to the rlmerieans ~~ith Disabilities Act (;FDA). 1-Iandicap accessible stalls must ha~~e sianage in accordance per ADA. Drainage: Storm water draina~=e swales shall not have a slope steeper than 3:1, shall be full~~ vegetated, and shall be designed in compliance ~~ ith the MCC. Curbing: Per Ordinance 12-13-7-9, all landscape areas adjacent to driveways, parking lots, or other vehicle ~J s use areas, must be protected by curbing, wheel stops, or other approved protective devices. Curbing may be cut to allow for storm water runoff. Handicap-Accessibility: The structure, site improvements and parking must be in compliance with all federal handicap-accessibility requirements. Lighting: Lighting shall not cause glare or impact the traveling public or neighboring development. Down- shield all lighting so it does not spill onto adjacent properties. Trash Enclosure: All dumpsters and/or carts must be screened from view and not be visible by the public or from adjacent properties. Trash enclosures must be in the location and size as approved by SSC. ACHD Acceptance: Applicant shall be responsible for meeting the requirements of ACHD as they pertain to this development. All impact fees, if any, shall be paid prior to the issuance of a building permit. If any changes must be made to the site plan to accommodate the ACHD requirements, a new site plan shall be submitted to the City of Meridian Planning and Zoning staff for approval prior to the issuance of a building permit. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy. A Temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a Letter of Credit or cash in the amount of 110% of the cost of the remaining improvements. A bid must accompany any request for Temporary Occupancy. No occupancy will be granted until the final plat for the property is recorded. Plan Modifications: The approved Site Plan and Landscape Plan, stamped 5/31/05, are not to be altered without prior written approval ofthe Planning & Zoning Department. No significant field changes to the site or landscape plan is permitted; prior written approval of all changes is required. a~ osh Wils Associate Tanner *This letter does not indicate compliance with requirements of other departments/agencies, including, but not limited to, Ada County Highway District, Central District Health Department, affected irrigation district(s), Meridian Sewer, Water, Building or Fire Departments, Sanitary Services Co., etc. This letter shall expire one (1) year from the date of issuance if work has not begun. • • CITY OF MERIDIAN Planning & Zoning Department 660 E. Watertower Ln., Ste. 202, Meridian, ID 83642 (208)884-5533 Phone / (208)888-6854 Fax CERTIFICATE OF ZONING COMPLIANCE (CZC) APPLICATION (Section 11-19-I, Zoning and Development Ordinance) PROJECT NAME: . ~ 1 I~~ l - C 1 T ~( 1v1 ~ 1-~~ `_> 1 til ~ APPLICANT: °11--~ ~~~~ ~ I~ - E~~ ~ ~ ~ ~ ~~C ADDRESS: l~ ~1 ~ . C 1-~ 1`~'t-~1 U~ ~1~1 "~~~rZ = f~11~1`~1t~~~,~> ~S.~lo~~l PHONE: ~I~e~ ~~ LL~~ FAX: ~Ili}~ - C'I~-~5 E-MAIL: (11i'~C;~r'l~~"'r IIC~l`.~tl' t~iC.~c...CUn'1 OWNER(S) OF RECORD: '~~11 I~ 1-~ ,l l ~ . ;. '~ L- 11~_ 1 ADDRESS: ~"~~ `~ll..P N . N 1 Lt X1~12.L~ ~V ~ . PHONE: ~ ZS ` ~ " ~ ~~ l.'L` FAX: ;'~ ~ ~~ ~ . ra ~,(~ ~t ~ E-MAIL: ~`C,~~ ~ (~ ~C 1 ~ ~-~~1'l~.[.~~`J ,~ ~` L H'1 ARCHITECT (IF DIFFERENT THAN APPLICANT): ADDRESS: PHONE: FAX: ADDRESS, GENERAL LOCATION OF SITE: ;~J~-I LP ~ • N IC ~~,~t; AV E . DESCRIPTION OF USE: ~'~~ E~L`~_ E C~ IUC:L ~ f~ t'~17 iT1 ~-~ ~~~ ~Sc~~i~l:~ J~:t2_k1L~~~..~?~2...L-L:~SjI -~1L1 I~~~~"~iTl~t~l PRESENT ZONE CLASSIFICATION: ~~-- I, "Y} EL1-~1`.1 i r ,~~~;~~~ C , do hereby affirni 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. v (Applicant's Signature) (Date) Rc~~,, r}r~;,~~;'t~I • HANSEN-RICE INC. 1717 E. Chisholm Drive, Nampa, Idaho USA 83687 ~~ ~ Ph. (208) 465-0200 • Fax (208) 465-0272 • www.hansen-rice.com May 19, 2005 Planning Department 660 E. Watertower, Ste. 202 Meridian, ID 83642 Re: Tri-City Meats, Inc. application for Certificate of Zoning Compliance To: Brad Hawkins-Clark Please find attached the submittal for a Certificate of Zoning Compliance for two new additions at Tri-City Meats, Inc. located at 1346 N. Hickory Ave., Meridian, Idaho 83642. Tri-City Meats is adding two small additions to the east side (back of the property) of their existing facility. The northern addition is an expansion of their existing cooler for the storage of produce. The southern addition will re-locate their seafood operation from another facility in Boise, ID. This area will contain a small freezer, cooler and dry storage for their seafood operation. Based on the size of these additions and our pre-application meeting with you on November 29, 2004, we have not made any adjustments to the existing parking or landscaping layouts. The site plan shows these existing areas, as well as existing tree quantities, etc. We have checked the quantities of parking with Meridian's current requirements, and the quantity of stalls is still sufficient to support this addition. We will construct a gravel fire access road as recommended and approved by Richard Green around the back side of the building. This access road will be used strictly for fire department access. There will be no changes to the location of the trash enclosure. If you have any questions or comments, please feel free to contact me at 442-4243. Thank You. Sincerely, ~ _ Melanie Hodge Hansen-Rice, Inc. enclosures "Dedicated to Excellence and Quality" i , ,,` m rrr 1~ iTI1 Li ~~ ~ ~1~_L~~~ ~;~.i_,. ~~- ~~,; u ~ _, ~ , ~~~ ~ - ., r-- --~-1 ~" ~ ~ - ' - ~ ~' - ~ ~ ~ ; ~_ a +~~L~C-~~ - ~~ ~,, t 1 ~ "' _ ~ I _~ i ~ `.~1 a i~ ~ ~ ~ ~, j q t r T i-{ _-n I '~ ,';-'I ~~r~~ ~, ~ ~ ~ ; ~ ~~ f LJ f - i~,- ~ ~'-_ _ - .r..r ~ ~ }} -. _ ;:. I ~~ 3 ! 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'. , . , „ P.O. Box 249 V L, i J ` ~' Eagle, ID 83616 801SE: TITLE ~ ESCROW WHEN RECORDED MAIL TO: ~ ~. I h ~~ ~ , , r-, - ., ,, C p West One Bank, Idaho ~~ ~ j ' ~' G 5 v? L i L __ ~J i ~ ~; 3 150 West State Street P.O. BOX 249 - nM,, Eagle, ID 83616 `-- ' W - SEND TAX NOTICES T0: JRN, L.L.C. 1346 NORTH HICKORY AVENUE MERIDIAN, ID 83642 n~ SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY BEST (~ B~vx DEED OF TRUST THIS DEED OF TRUST IS DATED SEPTEMBER 5, 1995, among JRN, L.L.C., AN IDAHO LIMITED LIABILITY COMPANY, whose address is 1346 NORTH HICKORY AVENUE, MERIDIAN, ID 83642 (referred to below as "Grantor"); West One Bank, Idaho, whose address is 150 West State Street, P.O. Box 249, Eagle, ID 83616 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and BOISE TITLE & ESCROW, INC., whose address is 7161 POTOMAC, BOISE, IDAHO 83704 (referred to below as "Trustee"). CONVEYANCE AND GRANT. For valuable consideration, Grantor does hereby irrevocably grant, bargain, sell and convey in trust, with power of sale, to Trustee for the benefit of Lender as Beneficiary, all of Grantor's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, located In ADA COUnty, State Of Idaho (the "Real Property"): LOT 2 tN BLOCK 3 OF TREASURE VALLEY BUSINESS CENTER -PHASE 1, ACCORDING TO THE OFFICIAL PLAT THEREOF, FILED IN BOOK 53 OF PLATS AT PAGES 4790 THRU 4792, RECORDS OF ADA COUNTY, IDAHO The Real Property or its address is commonly known as 1346 NORTH HICKORY AVENUE, 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 the Property. In addition, Grantor grants Lender a Uniform Commercial Code security interest in the Rents and the Personal Property defined below. DEFINITIONS. The following words shall have the following meanings when used in this Deed of Trust. Terms not otherwise defined in this Deed of Trust shall have the meanings attributed to such terms in the Uniform Commercial Code. All references to dollar amounts shall mean amounts in lawful money of the United States of America. Beneficiary. The word "Beneficiary" means West One Bank, Idaho, its successors and assigns. West One Bank, Idaho also is referred to as "Lender" in this Deed of Trust. Deed of Trust. The words "Deed of Trust" mean this Deed of 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 executing this Deed of Trust, including without limitation JRN, L.L.C.. Guarantor. The word "Guarantor" means and includes without limitation, any and all guarantors, sureties, and accommodation parties in connection with the Indebtedness. Improvements. The word "Improvements" means and includes without limitation all existing and future improvements, fixtures, buildings, structures, mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real Property. Indebtedness. The word "Indebtedness" means all principal 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 on such amounts as provided in this Deed of Trust. The lien of thlS Deed Of TrUSt Shall not exceed at any one time $1,016,000.00.. Lender. The word "Lender" means West One Bank, Idaho, its successors and assigns. Note. The word "Note" means the Note dated September 5, 1995, In the original principal amount of $1,016,000.00 from Grantor to Lender, together with all renewals, extensions, modifications, refinancings, and substitutions for the Note. The maturity date of this Deed of Trust is October 1, 2005. Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (including without limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. Property. The word "Property" means collectively the Real Property and the Personal Property. Real Property. The words "Real Property" mean the property, interests and rights described above in the "Conveyance and Grant" section. Related Documents. The words "Related Documents" mean and include without limitation alt promissory notes, credit agreements, loan agreements, guaranties, security agreements, mortgages, deeds of trust, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the Property. Trustee. The word 'Trustee" means BOISE TITLE 8 ESCROW, INC. and any substitute or successor trustees. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (1) PAYMENT OF THE INDEBTEDNESS AND (2) PERFORMANCE OF ANY AND ALL OBLIGATIONS OF GRANTOR UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Grantor shall pay to Lender all amounts secured by this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Grantor's obligations under the Note, this Deed of Trust, and the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Grantor may (a) remain in possession and control of the Property, (b) use, ' ' J"os=o5-1995 ~ DEED OF TR~T' Page 2 (Continued) operate or manage the Property, and (c) collect any Rents from the Property. The following provisions relate to the use of the Property or to other limitations on the Property. THE REAL PROPERTY EITHER IS NOT MORE THAN TWENTY (20) ACRES IN AREA OR IS LOCATED WITHIN AN INCORPORATED CITY OR VILLAGE. Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Hazardous Substances. The terms "hazardous waste," "hazardous substance," "disposal," "release," and "threatened release," as used in this Deed of Trust, shall have the same meanings as set forth in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 9999 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource Conservation and Recovery Act, 49 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" shall 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, manufacture, storage, treatment, disposal, release or threatened release of any hazardous waste or substance by any person on, under, or about the Property; (b) Grantor has no knowledge of, or 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 by any prior owners or occupants of the Property or (ii) 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, (i) 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 waste or substance on, under, or about the Property and (ii) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitation 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 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 waste. Grantor hereby (a) 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 (b) 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. Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Grantor will not remove, or grant to any other party the right to remove, any timber, minerals (including oil and gas), 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 written consent of Lender. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value. Lender's Right to Enter. Lender and its agents and representatives may enter upon the Real Property at all reasonable times to attend to Lender's interests and to inspect the Property for purposes of Grantor's compliance with the terms and conditions of this Deed of Trust. Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property, including without limitation, the Americans With Disabilities Act. Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest. Duty to Protect. Grantor agrees neither to abandon nor leave unattended the Property. Grantor shall do all other acts, in addition to those acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property. DUE ON SALE -CONSENT BY 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 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 therein; whether legal, beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a term greater than three (3) years, lease-option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust holding title to the Real Property, or by any other method of conveyance of Real Property interest. If any Grantor is a corporation, partnership or limited liability company, transfer also includes any change in ownership of more than twenty-five percent (250) of the voting stock, partnership interests or limited liability company interests, as the case may be, of Grantor. However, this 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 liens on the Property are a part of this Deed of Trust. Payment. Grantor shall pay when due (and in all events prior to delinquency) all taxes, special taxes, assessments, charges (including water and sewer), fines and impositions levied against or on account of the Property, and shall pay when due all claims for work done on or for services rendered or material furnished to the Property. Grantor shall maintain the Property free of all liens having priority over or equal to the interest of Lender under this Deed of Trust, except for the lien of taxes and assessments not due and except as otherwise provided in this Deed of Trust. Right To Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation to pay, so long as Lender's interest in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment, Grantor shall within fifteen (15) days after the lien arises or, if a lien is filed, within fifteen (15) days after Grantor has notice of the filing, secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and reasonable attorneys' fees or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest, Grantor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety bond furnished in the contest proceedings. Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property. Notice of Construction. Grantor shall notify Lender at least fifteen (15) days before any work is commenced, any services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on account of the work, services, or materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of Trust. Maintenance of Insurance. Grantor shall procure and maintain policies of fire 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, together with such other insurance, including but not limited to hazard, liability, business interruption, and boiler insurance, as Lender may reasonably require. Policies shall be written in form, amounts, coverages and basis reasonably acceptable to Lender and issued by a company or companies reasonably acceptable to Lender. Grantor, upon request of Lender, will deliver to Lender from time to time the policies or certificates of insurance in form satisfactory to Lender, including stipulations that coverages will not be cancelled or diminished without at least thirty (30) days' prior written notice to Lender. Should the Real Property at any time become 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 to the extent such insurance is required by Lender and is or becomes available, for the term of the loan and for the full unpaid principal balance of the loan, or the maximum limit of coverage that is available, whichever is less. Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss if Grantor fails to do so within fifteen (15) days of the casualty. Whether or not Lender's security is impaired, Lender may, at its 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 ~J-05-05-1995 ~ DEED OF-TRl1• Page 3 (Continued) 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. Unexpired Insurance at Sale. Any unexpired insurance shall inure to the benefit 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 the 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 shall 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 of such property, and the manner of determining that value; and (e) 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. EXPENDITURES BY LENDER. If Grantor fails to comply with any provision of this Deed 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 charged under the Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses, 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 (i) the term of any applicable insurance policy or (ii) 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. This Deed of Trust also will secure payment of these amounts. The 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 construed as curing the 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, 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. CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust. 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. Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing, and Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Grantor will deliver or cause to be delivered to Lender such instruments as may be requested by it from time to time to permit such participation. 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 Lender for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Deed of Trust, including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Deed of Trust. Taxes. The following shall constitute taxes to which this section applies: (a) a specific tax upon this type of Deed of Trust or upon all or any part of the Indebtedness secured by this Deed of Trust; (b) 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; (c) a tax on this type of Deed 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 event shall have the same effect as an Event of Default (as defined below), and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless 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 Deed of Trust as a security agreement are a part of this Deed of Trust. Security Agreement. This instrument shall constitute a security agreement to the extent any of the Property constitutes fixtures or other personal property, 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 incurred in perfecting or continuing this security interest. Upon default, Grantor shall assemble the Personal 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. 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 part of this Deed of Trust. Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, or will cause to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue, or preserve (a) the obligations of Grantor under the Note, this Deed of Trust, and the Related Documents, and (b) 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 agreed to the contrary by Lender in writing, Grantor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph. Attorney-in-Fact. If Grantor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocably appoints Lender as Grantor's attorney-in-fact for the purpose of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in the preceding paragraph. FULL PERFORMANCE. If Grantor pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Grantor under this Deed of Trust, Lender shall execute and deliver to Trustee a request for full reconveyance and shall execute and deliver to Grantor suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the Personal Property. Any reconveyance fee required by law shall be paid by Grantor, if permitted by applicable law. DEFAULT. Each of the following, at the option of Lender, shall constitute an event of default ("Event of Default") under this Deed of Trust: Default on Indebtedness. Failure of Grantor to make any payment when due on the Indebtedness. Default on Other Payments. Failure of Grantor within the time required by this Deed of Trust to make any payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. 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. 09-05-1995 • DEED OF~ TR~T Page 4 (Continued) Breaches. Any warranty, representation or statement made or furnished to Lender by or on behalf of Grantor under this Deed of Trust, the Note or the Related Documents is, or at the time made or furnished was, false in any material respect. Insolvency. The insolvency of Grantor, appointment of a receiver for any part of Grantor's property, any assignment for the benefit of creditors, the commencement of any proceeding under any bankruptcy or insolvency laws by or against Grantor, or the dissolution (regardless of whether election to continue is made), any member withdraws from Grantor if Grantor is a limited liability company, or termination of Grantor's existence as a going business (if Grantor is a business). Except to the extent prohibited by federal law or Idaho law, the death of Grantor (if Grantor is an individual) also shall constitute an Event of Default under this Deed of Trust. 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 shall not apply in the event of a good faith dispute by Grantor as to the validity or reasonableness of the claim which is the basis of the foreclosure or forefeiture proceeding, provided that Grantor gives 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 and Lender that is not remedied within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other obligation of Grantor to Lender, whether existing now or later. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or such Guarantor dies or becomes incompetent. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default and at any time thereafter, Trustee or Lender, at its option, may exercise any one or more of the following rights and remedies, in addition to any other rights or remedies provided by law: 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. Accelerate Indebtedness. Lender shall have the right at its option to declare the entire Indebtedness immediately due and payable, including any prepayment penalty which Grantor would be required to pay. Foreclosure. With respect to all or any part of the Real Property, the Trustee shall have the right to foreclose by notice and sale, and Lender shall have the right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable law. UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code. Collect Rents. Lender shall have the right, without notice to Grantor, to take possession of and manage the Property and collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lender, then Grantor irrevocably designates Lender as Grantor's attorney-in-fact to endorse instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations far 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 shall not disqualify 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 and shall, at Lender's option, either (a) pay a reasonable rental for the use of the Property, or (b) vacate the Property immediately upon the demand of Lender. Other Remedies. Trustee or Lender shall have any other right or remedy provided in this Deed of Trust or the Note or by law. Notice of Sale. Lender shall give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the time after which any private sale or other intended disposition of the Personal Property is to be made. Reasonable notice shall mean notice given at least ten (10) days before the time of the sale or disposition. Any sale of Personal Property may be made in conjunction with any sale of the Real Property. Sale of the Property. To the extent permitted by applicable law, Grantor hereby waives any and all rights to have the Property marshalled. In exercising its rights and remedies, the Trustee or Lender shall be free to sell all or any part of the Property together or separately, in one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property. Notice of sale having been given as then required by law, and not less than the time required by law having elapsed, Trustee, without demand on Grantor, shall sell the property at the time and place fixed by it in the notice of sale at public auction to the highest bidder for cash in lawful money of the United States, payable at time of sale. Trustee shall deliver to the purchaser his or her deed conveying the Property so sold, but without any covenant or warranty express or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness of such matters or facts. After deducting all costs, fees and expenses of Trustee and of this Trust, including cost of evidence of title and reasonable attorneys' fees, including those in connection with the sale, Trustee shall apply proceeds of sale to payment of (a) all sums expended under this 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, if any, to the person or persons legally entitled thereto. Waiver; Election of Remedies. A waiver by any party of a breach of a provision of this Deed of Trust shall not constitute a waiver of or prejudice the party's rights otherwise to demand strict compliance with that provision or any other provision. Election by Lender to pursue any remedy provided in this Deed of Trust, the Note, in any Related Document, or provided by law shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Deed of Trust after failure of Grantor to perform shall not affect Lender's right to declare a default and to exercise any of its remedies. Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of Trust, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and on any appeal. Whether or not any court action is involved, all reasonable expenses incurred by Lender which in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date of expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law, Lender's reasonable attorneys' fees whether or not there is a lawsuit, including reasonable attorneys' fees for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals and any anticipated post-judgment collection services,the cost of searching records, obtaining title reports (including foreclosure reports), surveyors' reports, appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by applicable taw. Grantor also will pay any court costs, in addition to all other sums provided by law. Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this section. POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are part of this Deed of Trust. Powers of Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee shall have the power to take the following actions with respect to the Property upon the written request of Lender and Grantor: (a) join in preparing and filing a map or plat of the Real Property, including the dedication of streets or other rights to the public; (b) join in granting any easement or creating any restriction on the Real Property; and (c) join in any subordination or other agreement affecting this Deed of Trust or the interest of Lender under this Deed of Trust. Obligations to 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 hereunder by an instrument executed and acknowledged by Lender and recorded in the office of the recorder of ADA County, Idaho. The instrument shall contain, in addition to 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 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 ~~09-05-1995 ~ DEED OF~TRt~~ Page 5 (Continued) provisions for substitution. NOTICES TO GRANTOR AND OTHER PARTIES. Any notice under this Deed of Trust shall be in writing and shall be effective when actually delivered, or when deposited with a nationally recognized overnight courier, or, if mailed, shall be deemed effective when deposited in the United States mail first class, registered mail, postage prepaid, directed to the addresses shown near the beginrnng 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 Deed of Trust shall 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. LENDER PLACED INSURANCE. If borrower fails to procure and maintain any required insurance policies, lender may, at its option, obtain such insurance policies and add the premiums to the outstanding balance on the indebtedness and note which the DEED OF TRUST secures. The borrower is required to continuously insure the property against loss or damage with hazard damage and/or flood insurance and if the borrower fails to provide evidence of insurance, Lender may obtain such insurance at the borrower's expense. If the insurance is purchased it will provide limited protection against physical damage to the property and fhe borrower's equity, if any, may not be insured. The premium will be based on the loan balance and will be made a part of the loan payment. In addition, the Hazard and/or Flood Insurance, if purchased, will not provide any public liability or property damage indemnification and will not meet the requirements of any financial responsibility laws. NOTICE LIMITING ORAL LENDING CONTRACTS. UNDER IDAHO LAW (IDAHO CODE SECTION 9-505(5)), ANY PROMISE BY THE BANK TO GRANT OR EXTEND EXISTING CREDIT TO YOU MUST BE IN WRITING TO BE LEGALLY BINDING UPON THE BANK IF THE ORIGINAL AMOUNT OF SUCH CREDIT IS $50,000 OR MORE. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust: Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Deed of Trust. No alteration of or amendment to this Deed of Trust shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Annual Reports. If the Property is used for purposes other than Grantor's residence, Grantor shall furnish to Lender, upon request, a certified statement of net operating income received from the Property during Grantor's previous fiscal year in such form and detail as Lender shall require. "Net operating income" shall mean all cash receipts from the Property less all cash expenditures made in connection with the operation of the Property. Arbitration. Lender and Grantor agree that all disputes, claims and controversies between them, whether individual, joint, or class in nature, arising from this Deed of Trust or otherwise, including without limitation contract and tort disputes, shall be arbitrated pursuant to the Rules of the American Arbitration Association, upon request of either party. No act to take or dispose of any Collateral shall constitute a waiver of this arbitration agreement or be prohibited by this arbitration agreement. This includes, without limitation, obtaining injunctive relief or a temporary restraining order; invoking a power of sale under any deed of trust or mortgage; obtaining a writ of attachment or imposition of a receiver; or exercising any rights relating to personal property, including taking or disposing of such property with or without judicial process pursuant to Article 9 of the Uniform Commercial Code. Any disputes, claims, or controversies concerning the lawfulness or reasonableness of any act, or exercise of any right, concerning any Collateral, including any claim to rescind, reform, or otherwise modify any agreement relating to the Collateral, shall also be arbitrated, provided however that no arbitrator shall have the right or the power to enjoin or restrain any act of any party. Judgment upon any award rendered by any arbitrator may be entered in any court having jurisdiction. Nothing in this Deed of Trust shall preclude any party from seeking equitable relief from a court of competent jurisdiction. The statute of limitations, estoppel, waiver, /aches, and similar doctrines which would otherwise be applicable in an action brought by a party shall be applicable in any arbitration proceeding, and the commencement of an arbitration proceeding shall be deemed the commencement of an action for these purposes. The Federal Arbitration Act shall apply to the construction, interpretation, and enforcement of this arbitration provision. Applicable Law. This Deed of Trust has been delivered to Lender and accepted by Lender in the State of Idaho. Subject to the provisions on arbitration, this Deed of Trust shall be governed by and construed in accordance with the laws of the State of Idaho. Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to interpret or define the provisions of this Deed of Trust. Merger. There shall be no merger of the interest or estate created by this Deed of Trust with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender. Multiple Parties. All obligations of Grantor under this Deed of Trust shall be joint and several, and all references to 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. Severability. If a court of competent jurisdiction finds any provision of this Deed of Trust to be invalid or unenforceable as to any person or circumstance, such finding shall not render that provision 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 be so modified, it shall be stricken and all other provisions of this Deed of Trust in all other respects shall remain valid and enforceable. Successors and Assigns. Subject to the 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. Waivers and Consents. Lender shall not be 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's right otherwise to demand strict compliance with that provision or any other 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 any of Grantor's obligations as to any future transactions. Whenever consent by Lender is required in this Deed of Trust, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required. 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. EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND EACH GRANTOR AGREES TO ITS TERMS. GRANTOR: ~ 09-05-1995 • DEED OFTRI~ Page 6 (Continued) LIMITED LIABILITY COMPANY ACKNOWLEDGMENT STATE OF~(X ~-~(J 1 ~Q J ) SS COUNTY OF^ ,,,- /, ,, ' ) On this `7 day of ~2~'~W-~ , in the year 19 95 ,before me ~ ' ~f , a notary public in and for the State of Ida o, personally appeared JERRY D. HETRICK, Member of JRN, L.C.; RANDY D. HETRICK, Member of JRN, L.L.C.; and NICK L. ZENOVICH AKA NICHOLAS L. ZENOVICH, Member of JRN, L.L.C., 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 JRN, L.L.C., and the tubers or designated agents who subscribed said limited liability company na nowledged to me that they execu the same i~J sai limited liability company name. P ~ . UP ~!/ • Residi g a Notary Publi r Idaho 9 ~,~ STATE OF IDAHO My commission expires My f,^,ommiasbn E~fna 5-8-98. REQUEST FOR FULL RECONVEYANCE (To be used only when obligations have been paid in full) To: ,Trustee The undersigned is the legal owner and holder of all Indebtedness secured by this Deed of Trust. All sums secured by this Deed of Trust have been fully paid and satisfied. You are hereby directed, upon payment to you of any sums owing to you under the terms of this Deed of Trust or pursuant to any applicable statute, to cancel the Note secured by this Deed of Trust (which is delivered to you together with this Deed of Trust), and to reconvey, without warranty, to the parties designated by the terms of this Deed of Trust, the estate now held by you under this Deed of Trust. Please mail the reconveyance and Related Documents to: Date: Beneficiary: By: Ifs: LASER PRO. Reg. U.S. Pat. & T.M. Off., Ver. 3.17 (c) 1995 CFI ProServices, Inc. All rights reserved. IID-GOt JRN0905.LN R13.OVL1 WHEN RECORDED MAIL TO: U.S. Bank National Association Commercial Loan Service West P.O. Box 5308 Portland, OR 97228-5308 • ~~ I b~~ SPACE ABOVE THIS LINE IS FOR RECOR 'S USE ONLY ~bankm MODIFICATION OF DEED OF TRUST THIS MODIFICATION OF DEED OF TRUST IS DATED JUNE 21, 1999, BETWEEN JRN, L.L.C., AN IDAHO LIMITED LIABILITY COMPANY (referred to below as "Grantor"), whose address is 1346 NORTH HICKORY AVENUE, MERIDIAN, ID 83642; and U.S. Bank National Association (referred to below as "Lender"), whose address is 675 North Milwaukee, Boise, ID 83704. DEED OF TRUST. Grantor and Lender have entered into a Deed of Trust dated September 5, 1995 (the "Deed of Trust") recorded in ADA County, State of Idaho as follows: RECORDED AS INSTRUMENT N0. 95065445 ON SEPTEMBER 11, 1995 IN THE OFFICE OF ADA COUNTY RECORDER, STATE OF IDAHO. REAL PROPERTY DESCRIPTION. The Deed of Trust covers the following described real property (the "Real Property") recorded in ADA County, State of Idaho: LOT 2 IN BLOCK 3 OF TREASURE VALLEY BUSINESS CENTER -PHASE 1, ACCORDING TO THE OFFICIAL PLAT THEREOF, FILED IN BOOK 53 OF PLATS AT PAGES 4790 THRU 4792, RECORDS OF ADA COUNTY, IDAHO. The Real Property or its address is commonly known as 1346 NORTH HICKORY AVENUE, MERIDIAN, ID 83642. MODIFICATION. Grantor and Lender hereby modify the Deed of Trust as follows: AMEND PARAGRAPH "DEFINITIONS" SUB-PARAGRAPH "NOTE" AS FOLLOWS: THE WORD NOTE MEANS THE RENEWAL NOTE EXTENSIONS, 2MODIFICATIONS, REF NIANCINGS AND SUBST TUTIONS FOR THE NOTE. TORE MATURITYO DATE OFVTHE OTE IS JUNELS; 2009. U.S. BANK NATIONAL ASSOCIATION WAS FORMERLY KNOWN AS WEST ONE BANK, IDAHO ("LENDER"). U.S. BANK NATIONAL ASSOCIATION WAS FORMERLY KNOWN AS WEST ONE BANK, IDAHO ("BENEFICIARY"). AMEND TRUSTEE NAME TO READ U.S BANK TRUST COMPANY, NATIONAL ASSOCIATION. HEREBY WAIVE THE RNGHT TOJANY JURY TRIAL NDANY ACTION,IPROCEEDINGTOR COUN ERCLA M BROUGHT BYNEITH R DLENDER OR GRANTOR AGAINST THE OTHER. AMEND PARAGRAPH TITLED "POSSESSION AND MAINTENANCE OF THE PROPERTY" SUB-PARAGRAPH TITLED "POSSESSION AND USE" TO REPLACE THE THIRD SENTENCE AS FOLLOWS: THE REAL PROPERTY EITHER IS NOT MORE THAN FORTY (40) ACRES IN AREA OR IS LOCATED WITHIN AN INCORPORATED CITY OR VILLAGE. AMEND DEED OF TRUST TO INCLUDE PARAGRAPH TITLED "ACCESS LAWS" AS DESCRIBED ON ATTACHED EXHIBIT "A". THE PARAGRAPH ENTITLED "ARBITRATION" IS HEREBY DELETED IN ITS ENTIRETY. CONTINUING VALIDITY. Except as expressly modified above, the terms of the original Deed of Trust shall remain unchanged and in full force and effect. Consent by Lender to this Modification does not waive Lender's right to require strict performance of the 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 (the "Note"). It is the intention of Lender to retain as liable all parties to the Deed of Trust and all 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, then all persons signing below acknowledge that this Modification is given conditionally, based on the representation to Lender that the non-signing person consents to the 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: JRN, L.L.C. By. ~\ JE RY D. TRICK, e By: NIC L. ZENOVIC ember By: ~ ~-:: ~~.~ RA DY ETRICK, Member LENDER: U.S. Ba National Association By: A on d Officer 1~6-21-1999 MODIFICATION OF DEED ~ , _vST Page 2 (Continued) LIMITED LIABILITY COMPANI~,,gt~KJ~QWLEDGMENT .••' '•ti r /~ .•' D ~ B RE k~ '•. STATE OF / // ) ,~s~~GQ r~••••• y~~ ~~i r •, )ss O; ~~ARy t COUNTY OF ) ~ i ~ ~~i ~ t: :*~ ~ On this ~~ day of ~=~u~-~_~ , in the year 19 n~i~'••2f~ .•• ~7C C` D_ a~rL°l (~~L , a notary public in and for the State of Idaho, personally appeared JERRY D. HE ~lq, ~~ ~ .L.C.; RANDY D. HETRICK, Member of JRN, L.L.C.; and NICK L. ZENOVICH, Member of JRN, L.L.C., knoveh••Sr I n't11~~~ to me (or proved to me on the oath of ), to be members or designateb~•~11~§ in the limited liability company of JRN, L.L.C., and the members or designated agents who subscribed said limited liability company name to the foregoing instrument, and acknowledged to me that they execu a same in said li ed ' bility company name. ~~ v/I LAC ~ ~ ~L-~ Residing of / ~" Notary ~, blic fo daho _ My commission expires ~/~/~'S LENDER ACKNOWLEDGMENT STATE OF ~~-} ) /1 J~ ) SS COUNTY OF l ~<~ ) j1,~~,,,,,...a...,,,,,,, On this ~ ~;`~~~~\~ ~ Cf••M~ /~~ . '"y in th~ear 19~, befor me ~~ ryf ,r ,~f 1'(1 G~~ , a notary public in and ,~3 ,~' tate of Id 61sonally appeared ~%U ~~(,e ~ P~-r~--P/l~known identified to me (or proved to me on the oath of ~ : ~QTAR y : ), to be ~'r f /PC ,authorized agent for the Lender that executed thew thin amid foregoing ~Iment and acknowledged said instrument to be the free and voluntary act and deed of said Lender, duly authorized b~ t~ Lender t~rou it~bo d of directors or otherwise, for the uses and purposes therein mentioned, and on oath stated that he or she is authorized to execq$e 6/~~~~~n•~~lt,a~r~,J tF}a~t7t/h/e seal affixed is the corporate seal of said Lendyeyr~. ,, ,~.t.~`v ~c~Y.f: ~ .•~J.'~//l Y_L'~1~. - Residing at `% /W1~`1~~~~,.~ My commission expires w LASER PRO, Reg. U.S. Pat. & T.M. Of l., Ver. 3.26b (c) ~ 999 CFI ProServices, Inc. All rights reserved. IID-G 202 F3.26 JRN2.LN C6.OVLi .~ "Exhibit A" ACCESS LAWS Borrower: JRN, L.L.C. Lender: U.S. Bank National Association 1346 NORTH HICKORY Treasure Valley Business Banking AVENUE 675 North Milwaukee MERIDIAN, ID 83642 Boise, ID 83704 This ACCESS LAWS is attached to and by this reference is made a part of each Deed of Trust or Mortgage, dated June 21, 1999, and executed in connection with a loan or other financial accommodations between U.S. Bank National Association and JRN, L.L.C.. (a) Borrower agrees that Borrower and any real property securing the loan provided for herein (the "Property") shall at all times strictly comply with the requirements of the Americans with Disabilities Act of 1990; the Fair Housing Amendments Act of 1988; any other federal, state or local 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 existing or hereafter amended or adopted (collectively the "Access Laws"). At any time, Lender may require a certificate of compliance with the Access Laws and indemnification agreement in a form reasonably acceptable to Lender. Lender may also require a certificate of compliance from an architect, engineer, or other third party acceptable to Lender. (b) Notwithstanding any provisions set forth herein or in any security instrument, Borrower shall not alter or permit any tenant or other person to alter the Property in any manner which would increase Borrower's responsibilities for compliance with the Access Laws without the prior written approval of Lender. In connection with such approval, Lender may require a certificate of compliance from an architect, engineer, or other party acceptable to Lender. (c) Borrower agrees to give prompt written notice to Lender of the receipt by Borrower of any claims of violation of any of the Access Laws and of the commencement of any proceedings or investigations which relate to compliance with the Access Laws. (d) Borrower shall indemnify, defend, and hold harmless Lender from and against any and all claims, demands, damages, costs, expenses, losses, liabilities, penalties, fines, and other proceedings including without limitation reasonable attorney fees and expenses arising directly or indirectly from or out of or in any way connected with any failure of the Property to comply with the Access Laws. The obligations and liabilities of Borrower under this subsection shall survive any termination, satisfaction, assignment, judicial or non-judicial foreclosure proceeding, or delivery of a deed in lieu of foreclosure with respect to this agreement, any security instrument, and the Property. THIS ACCESS LAWS IS EXECUTED ON JUNE 21, 1999. BORROWER: JF" " By By By LENDER: U.S. nk National Assoct on A on d Officer LASER PRO, Reg. U.S. Pat. 8 T.M. Off., Ver. 3.26b (c) 1999 CFI ProServices, Inc. All rights reserved. IID-G60 F3.26 JRN2.LN C6.OVL1 n AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO COUNTY OF ADA I, ~ ~NfAy ~ . ~f ~r~l a/~. l ~ l f~ g ~i.-.tun ~D (name) (address} /~ being first duly sworn upon `f:1 L-p wC L_L_ 1 !7f}l ~ 0 oath, depose and say: (city) (state) That I am the record owner of the property described on the attached, and I grant my permission to: 1{~~IS~t~- SCE. i+~IC, , i~ ~~ ~:. ~ ikl5~tlLYYI l~Z - N~c~1P~, 1~ (name) (address) ~j~~ ~p '~ `7 to submit the accompanying application pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and it's employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property, which is the subject of the application. Dated this < Z~ day of /~J'"'rl 200.E /~~ (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. ''~~~~n ~nq~ ~~ ' ••' PLr ' ~ • C~ ~~ •. . / ,,. w,.w,o.. p 4 : w . f t d ffl~Otary Pu 'c for Idaho ' www r1 O : ~ ~ 1 ~~ding at ~j,~~~~e_ ~~_ S = : ~~ ~ m,:e A . ~ i M ~ Q ~ taly~commission Expires: L -~-(~~ ~ w n f, ~1~ • ~ w w •%91'wwOwwwewww•ww~ e~~ .~ ~ ~ . C^ r'~'' ^~.. Reti~. 11 %7L3, ~_3 +~" kkk gpg g ~ ~ gN ~~~~ ~ ~~ a~ ~~ ~ ~~ ~ ~ ~ ~ ~ ~ ~~~ ~ ~~~~~ ~ ~~~ ~ ~ o~ a of € ~ ~~ ~~`~ ~ ~ y E ~~ ~~~ ~~~ ~ ~~ __ ~ ~ ~~~_ ~._ __ ..~.. =~o~ R~~ _..._. . ,__ . _. ~o= ~~ .~~ ~~ ~ ___. _ _ _ri"i ~ ~'f'rl I'"t'~ I I ~ I'I'I `'i ~ ~'~ I i ~'i 1 I" ~ I~y~ ~~,,~..~~~ ~ I Y"P'•t.•"~ ~°~~f'I I'7 ~ ~ "~"~••"--.. _ - 3au.o0' N O Jt' tl' E _ - f ~r- . i ^^^ •~ .. A I •~ ~~~~ ;{ k '~`~ ~ ~w r.e. nu ~ F ~n ~ .~ I - ~' ;~ ~~ '. t I ~ _ A \ ~~\. .I ~ ~ ..~ ~~ I ~ a I Y 8$~ 86~ I$ P I I ~ ~~~ e ~ B~L ~ ~ ~ ~ ~ o~ P~~ ~ zlc.~:• YAM o ~ ~~ R~ I ~ ~ ~, I ay~ 7 R•®O ~ O~ I ~ ~„ ~z ~F ~ ~~ °~ °~+ ~~~~~ ~ I I I I _.~ ~ ~ - _ 3JV.00' N P 24' t5' E _ - - - - ~ ~ ~ ~ ~ ~ a `~~, _ _ ,, ,. ~ rRl-clrr MEArs ~~FGI~~MI? Engineers Inc. o }^ a +, MERIDIAN, IDAHO avon~a ~~-~~~~ P ~ ~ `~ '~ SITE DEVELOPUENT PLAN 2aoa BA K DRIVE, SUITE ioo y J y BOISE. IDAHO B3J'05 d ~' ~ ~ ~ ~ (20B)J86-B1J0 FAX (208)386-00J6 E-MAIL sM1mOeM1minc.com Calculation Table Tri-City Meats Meridian, Idaho May 18, 2005 -- .-.~r~~~-6 ~~ ~~~ ~ ~~~~ ~a~~' ~ 4 `. ~a ~~ RECEIVED MdY t 8 2QQ5 HANSEN-RICE, INC. Calculation Table Tri-City Meats Meridian Idaho Existing Asphalt Area: 45,982 s.f. Existing Landscaping Area: 6,540 s.f. Existing Parking: 57 Stalls Existing Handicap Parking: 3 Stalls Lot Size: 4.6 Acres Existing Building Area: 22,644 s.f. Proposed Building Area: 6139 s.f. Existing Fence: 1791.f. Setbacks: Front: 168.88 ft South Side: 79.56 ft North Side: 89.12 ft Rear: 246.79 ft ~ ~~~ Q ~ 1 ~ ' \~L~ v o- ~ c u. ti w °~M~ F `\ ~~ U ~^\ V t i Z ___ ___ __ ___ ___ __ ___ ___ __ Q Q U J a • a a z ~ ~ x J Z 2 ~ N C O W ~ ~ ° Z c ~ o (~ °V ~ U Q N i W U U d ~ Z W (v V Q Z ~ ~, W U ~ Z i ~ ~ ~ ~ W U Q 1 ~ ac ~ Y ~ ~\ C , W Q ~ U ~ v U f~ 1 - W U ~ , I o Z ~ ~ O n i >, Q m Z ` Q W C \ U ~J p F Z ~ W U ;v \ Q 1 u J Q O. a -O • Q Q .+I~ 5 Z OOOOh 06 t 5 :~Z 00~ 0~ h 2 t :~ .u~ Z t t 5 t .~~ 3an1dNJIS 03ZIaOHln __ dNl Z~988 41 'Nt~1412~3W ZOZ ~1S `N~ 2~~M012~~1`dM 3 099 ao 12~b'd~4 JNINOZ'8 JNINN`d~d a3aao 00'09f~~.~.~~*.~.~~~ SO/8L/SO NtfI41~I~W d0 J~110 3H101 At/d 1NnOWd 31Va 00 L/0 aNd J.1XIS ~~~~ I~~ l~~S 4 sbz~ i oos-~e Hvln '~~iad 'tl'N NNtlB A3~ OOZO-99b ~80Z) L89£8 OI 'bdWb'N 3~I~14 W~OHSIHO'3 LILT '~NI `3~1a-N3SN~dH • ~;~1 HANSEN-RICE, 1717 E. Chisholm Drive Nampa, Idaho USA 83687 Ph. (208) 465-0200 • Fax (208) 465-0272 • www.hansen-rice.com LETTER OF TRANSMITTAL DATE: MAY 18, 2005 TO: PLANNING & ZONING ATTN: BRAD HAWKINS-CLARK RE: TRI-CITY MEATS MERIDIAN, IDAHO DOCUMENT CONTROL NUMBER: 04696.7066 V[A: Mail X Hand Deliver Gofer-It Hold For Picku Federal Express E-mail WE ARE SEN DING YOU: COPIES NO. REV. DESCRIPTION (4) 24 x 36 EHM DWGS: C1.0, C2.0, C3.0; CALCULATION TABLE; (4) 8.5x1 I - C1.0 I APPLICATION; NARRATIVE 1 AFFIDAVIT OF LEGAL INTEREST; DEED OF TRUST TF-IFCF ARF TR AT~IRMITTFiI AR C'NF~KFII RFI.CIW• For A royal Resubmit Prelimina X For Your Use Submit Co ies for Distribution As Requested Sign & Return Corrected Prints A roved As Submitted Stam A roved as Noted Returned For Correction Revised Review & Comment Prints Returned After Loan to 1 ~ Construction For Bidding Only Bids Due: REMARKS: FOR CERTIFICATE OF ZONING COMPLIANCE ') SIGNED: ~ ~ ~ [~ i C~,~~L." i' ~ ~ (~*t-~ C ~~? ti~T ELANIE HO GE'~ INC. "Dedicated to Excellence and Quality"