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LIttle Kitchen Pastries CZCV 12-030~~E IDR IAN-- ioaNO November 19, 2012 John Fernandes Little Kitchen Pastries 433 N. Main Meridian, Idaho 83642 RE: Little Kitchen Pastries (CZCV-12-030) Dear Mr. Fernandes: Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba This letter is to confirm that the Director approved your certificate of zoning compliance verification application for a change of use of the subject property from a retail store to a restaurant. If you have any further questions regarding this matter, please do not hesitate to contact Kristy Vigil at (208)884-5533. Please contact Building Services and the Meridian Fire Department for specific permit and code requirements. The applicant, director, or a party of record may request City Council review of a decision of the Director. All requests for review shall be filed in writing with the Planning Department on or before December 4, .2012, within fifteen (15) days after the written decision is issued, and contain the information listed in Unified Development Code (UDC) 11-SA-6B. If City Council review of the decision is not requested, the action of the Director represents a final decision on a land use application. You have the right to request a regulatory taking analysis under Idaho Code 67-8003. Thank you for contributing to the success of Meridian. Please help us serve you better in the future. Visit our web-site at www.meridiancity.org departments/planning/comment card to fill out a customer survey and give us feedback on how we are doing. Sincerely, ~5 Pete Friedman, ICP Planning Division Manager PF:kv Community Development Department . 33 E. Broadway Avenue, Suite 102, Meridian, ID 83642 Phone 208-884-5533 . Fax 208-888-6854 . www.meridiancity.org E IDIAN~~-- Ic.~n~tt;t Planning Department ADMINISTRATIVE REVIEW APPLICATION Type of Review Requested (check all that applv~) ^ Accesson~ Usc ^ Ahcrnativc Compliance ^ Certificate of 7.oning Compliance ]~[ Certilicate of 7.oning Compliance Verilication ^ Conditional Usc Permit Minor Vl~xliliration ^ Design Rcvic\v ^ Private Shctit ^ Properq tioundan Acijusuncnt ^ Tin,e Gxtension (Director) O Vacation ^ Other STAFF USE. ONLY: File number(s): ~' ~~ ~ ~ 'L'~3C~ Projc~rt name: .~i ~f'e fi 11 ~t.Pf ~ /-fit~~/i"ril~S Date tiled: ~,~` f['~dfe complete: l~' ~%'~ Assigned Planner: ~ w Rclate~ci files: Applicant Infitrmation npplicant »ame: John Fernandes (Little Kitchen Pastries) Phone: 859-7611 npplicant address: 433 North Main, Meridian ~;p: 83642 e_,» ail: Applicants interest in property: ^ Own ®Rcnt ^ Optioned ^ Other Jk@littlekitchenpastries.com (,~~111.,,~111e, Terry Stewart (Benny's Pawn) P1,,111e. 861-6403 (~\vneraddress: 451 North Main, Meridian ~;p: 83642 ~_,,,a;l. .390 Agent name (c.g.. architect, rnginecr. dcvelolxY. represcntativc-: Finn name: Dale Binning, Architect Pnone: 383-0209 Fax: 336-9144 nddress: P•O. Box 686, Boise ~;p: 83701 r_ma;l: binning@clearwire.net Priman contact. is: ~ Applicant ^ Owner ^ Agent ^ Other Contact name: Phone: Fax: Ccmtitrt address: lip: f-mail: Subject Prnpert~• InformatN-n Ltxation%'str~~ct address: 433 North Main Street, Meridian Assessor's parcel number(s): 81039000155 To\vnship. range. secti~on~:~~, ~3N1 E07 Current land use: /F~J..(L~~ Total acrcaic: Cu-rcnt zoning district: Fax: O-T ~; I'.. t3rUad\18\ :l vrnuc. Suite 21(1 . l~1rriJimr. Wulw R3Ga2 Phony: (21t8-88~-5533 • I acaintilr: 12(IA1888-6RSd • til'rhtiilr: \\\\\\.mrridiancit~.org I IKer I 1 "I 1 /I Project Description Projaa:suhdivision name: ~-Ittle I'~ItChen PastrleS General descripti<tn <trproposea project.'r~~yuest: This pastry shop will be located in the leased space formerly occupied by The Music Shop and video rental Proposed zoning district(s): ~'T Acres of cash zone pro}xtsed: .390 Type of use proposed (check all that apply): ^ Residential Commercial ^ Oflier ^ Industrial ^ Other Ameniti~w provided with this development (if applicable): Who will o+vn & maintain the pressurized irrigation system in this development? Vb1tich irrigation district dotes this property lie within? Primary irrigation source: Secondary: Sgtwre tixttage of landscaped arras to fte irrigated ritpnn,;,n or ticcu;ut;tn Ix+in1 ufcnntkction i, Cil+ ++;ncrl: Residential Project Summary (if applicable) Nunther of residential units: Number of building lots: Numhcr ofatnunon and;'or other lots: Propctscd number of dwelling units (tirr nurlti-family dcvclopments only): I (3edrexnn: Minimum square timtage of structure(s) (excl. garage): Proposed building height: '.btinimum property size (s.t): Average propern size (s.C): Gross density (f)U~;Krc-total I;u,J1 Net densely 11)ti!acrc-c+cluding m;,J; K ;tlk+:l _ Perceniitgc ofopcn space provided: Acreage ol'upen space: Percentage of useable open space: _~__ (See Chapter 3. Article G. Ibr yualilied open space) Type of open spare provided in acres (i.e., landscaping. public, common. etc): Type of d++•elling(s) proposed: ^ Single-lumily ^ Townhomcs ^ l~uplcxcs ^'.Vlulti-family Non-residential Project Summ/dry (if applicable) Numhcr ol'huiWine lots: 11) nthcr lots: Gross Iloorareaprupcncd: 2,144 Gaisting(ifapplicahlc): 2,144 (no change) l lours ofoperation (days and hours): 7:OOam - 4:OOpm Building height: 15~ Percentage ol'site project devoted to the fitllu+ving: landscaping: Ciuilaing: Paving: _ Total numlxr ofempktyc~w: (2) Vlasimwn number ol'empl~yees at any one time: Numhcr and ages ol'studentsichildrrn (il'applicahle): Total numberol'parkingspaces provided: 2 or more f3cclrooms: (2) Scaling capacity: Numtter of compact spaces provided: (~) (12) existing Authorisation Print applicant name: .JOh ernan Applicant signature: Date: " 33 t:. t3rt,ad++a+ :1+rnur. Suits 210 • ]\lrridian. Idaho R3/rl2 I'h„nc: 1208-88~t-533 • I.acsimile: 120t{188H-GR4d • 11'rh>ilr:++++++.mcridiwtcih.urg DALE BINNING $ B7~. .,s~og . sa•aaa-oso' 7~' ~ '~~'` l.O. !OX bi o bOlal, NANO o aa701-oN~ ~stT$ November 15, 2012 City of Meridian Planning Department 33 E. Broadway Ave. Meridian, ID 83642 RE: Certificate of Zoning Compliance VERIFICATION -NARRATIVE LETTER Little Kitchen Pastries /John Fernandes 433 North Main Street, Meridian, Idaho 83642 This CZC VERIFICATION is for the commercial property located at 433 North Main Street. One side of the building is occupied by Benny's Pawn. Little Kitchen Pastries is proposing to occupy the other side. They would be leasing this space from Benny's Pawn, and sharing the common parking area. This leased space was formerly occupied by The Music Shoppe and before that, a video rental. This leased space will be upgraded with (2) new accessible bathrooms, and a commercial kitchen. There are no proposed changes to the exterior of building or the parking area. Dale Binning, Architect for Little Kitchen Pastries / John Fernandes Rebecca W. Arnold, President Sara M. Baker, Vice President John S. Franden, Commissioner Carol A. McKee, Commissioner Mitchell A. Jaurena, Commissioner November 19, 2012 Dale Binning P.O. Box 686 Boise, I D 83701 RE: MCZCV-12-030 / 433 N. Main Street /Little Kitchen Pastries T.I. The District has reviewed the building plans for the above referenced project for assessment of impact fees. The District has no comment on the site improvements because all proposed improvements are outside of ACHD right-of-way. If the scope of work changes to include work within the right-of-way, the District will need to review and approve those changes. Requirements Prior to Starting Work 1. Comply with all Standard Requirements of approval. 2. The impact fee must be paid prior to issuance of a building permit. When Ready to Request ACRD Occupancy Sian-Off 1. Call 387-6380 and provide all information as shown in the header of this letter, i.e. the file number, site address, and the name of the project. Please include your name and return phone number. Total Impact Fee due: $0 ACHD inspection is not required. If you have any questions or concerns please feel free to contact me at (208)387-6144. Sincerely, Christy Little Program Administrator Development Services cc: Developer Project File Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208 387 6170 • FX 387 6393 • www.achdidaho.org 06-02-~~94 ~ DEED OF TRUST Page 7 Lean No 5050396912 (Continued) Successors and Assigns. Subject to the limitations stated in this Deed of Trust on transfer of Grantor's interest, this Desd 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: ~ __~.. .........._.......... ........... ............. ............................................_......_.................. ....................... ...::r~r;;r;:rat:-~:;::-;:~~::`~;...:;:•:.::_'... ~.. TERRY R. ST ART REN D. STEWART INDIVIDUAL ACKNOWLEDGMENT STATE OF .l-~~/~d ) SS COUNTY OF ~" Q~ ~ 1 On this ~~` ~ ~ ~ ~" ~ey.,of BTU ~/~' , in the year 19~, before me ~ %i%/dC ~~ L~C= K / /I .f , a notary public in and fort a Sttite+o~,aha,•personally appeared TERRY R. STEWART and RENEE D. STEW RT, known or identified to me (or proved to me on the oath ,. of ` `~ •"""• . ~~. ), to be the persons whose names are subscribed to the within instrument and ackpow ged to me th _ 'y dxecut d the same. _ - _ y~/f 'i ~~ , /l.~- Residing at / / / ~Z~-~ ~e_ ~ ti% t ublic fQr Idaho `;~, 1^~ / `My,.commis~on~3xgis'es _(L~.~ ~5~, J ~~ . ~ ~~ •`:x,, ~- '~ "~ ~ . 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 reconvevance and Relate;t Documents tD: Date: 3/17 Beneficiary: By: Its: 'ants State Bank As~`~st~n`E; Wice President LASER PRO, Reg. U. S. Pat. 8 T.M. Off., Ver. 3.17 (c)1994 CFI ProServlces, Inc. All rights reserved. (I D-Ci01 STEWARTT.LN] RECORDATION REQUESTED BY: FARMERS d~ MERCHANTS STATE BANK 703E 1ST PO BOX 328 MERIDIAN, ID 83642-0328 WHEN RECORDED MAIL TO: FARMERS & MERCHANTS STATE BANK 703E 1ST PO BOX 328 MERIDIAN, ID 83642-0328 SEND TAX NOTICES T0: FARMERS & MERCHANTS STATE BANK 703E 1ST PO BOX 328 MERIDIAN, ID 83842-0328 ~`f05:~793 ' ~ - - ., .. [.j {{ .. _:i:y UV} y'` V ~TEWART TTTt.~ ~.i I J J i L ~,, FtE~s VD .. _ , ~'~ ~ r ~. - ,- E",,.~, ....-, ~ .._ _~, 0 SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY DEED OF TRUST THIS DEED OF TRUST IS DATED JUNE 2, 1994, among TERRY R. STEWART and RENEE D. STEWART, HUSBAND AND WIFE, whose address is 5867 W. COLUMBIA, NAMPA, ID 83687 (referred to below as "Grantor"); FARMERS & MERCHANTS STATE BANK, whose address is 703E 1ST, PO BOX 328, MERIDIAN, ID 83642-0328 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and STEWART TITLE OF IDAHO, INC., whose address is 7235 EMERALD, SUITE C, BOISE, ID 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, andprofits 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 1, 2, 3 & 4 IN BLOCK 2 OF BOWER'S ADDITION TO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, FILED IN BOOK 2 OF PLATS AT PAGE(S) 62, RECORDS OF ADA COUNTY, IDAHO. The Real Property or its address is commonly known as 433 EAST 1ST STREET, 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 FARMERS & MERCHANTS STATE BANK, its successors and assigns. FARMERS & MERCHANTS STATE BANK 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. Existing Indebtedness. The words "Existing Indebtedness" mean the indebtedness described below in the Existing Indebtedness section of this Deed of Trust. Grantor. The word "Grantor" means any and all persons and entities executing this Deed of Trust, including without limitation TERRY R. STEWART and RENEE D. STEWART. 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" maans 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. Lender. The word "Lender" means FARMERS & MERCHANTS STATE BANK, its successors and assigns. Note. The word Note" means the Note dated June 2, 1994, in the original principal amount of $105,000.00 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 September 10, 1999. 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. Oti-02-994 DEED OF TRUST Page 2 Lean No 5050396912. (Continued) 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 all 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 STEWART TITLE OF IDAHO, 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, 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 cn the Preparty. THE REAL PROPERTY EITFi~R IS i'JGT ffGnc: THAti T VVcNTY (2U) ACRE$'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 #o 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. 99-499 ("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 Trusf 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 Righi 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. 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. Lander 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 (25%) of the voting stock, partnership interests or limited liability company interests, 06-02-994 DEED OF TRUST Page 3 Loan No 5050396912 (Continued) 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, except for the existing indebtedness referred to below, 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 wiit.upcn 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 ail 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 hazard and liability insurance as Lender may reasonably require. Policies shall be written in form, amounts, coverages and basis reasonably acceptable to Lender and issued by a company or companies reasonably acceptable to Lender. Grantor, upon request of Lender, will deliver to Lender from time to time the policies or certificates of insurance in form satisfactory to Lender, including stipulations that coverages will not be cancelled or diminished without at least ten (10) 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 if the estimated cost of repair or replacement exceeds $500.00. 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 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. Compliance with Existing Indebtedness. During the period in which any Existing Indebtedness described below is in effect, compliance with the insurance provisions contained in the instrument evidencing such Existing Indebtedness shall constitute compliance with the insurance provisions . under this Desd of T~•ust, to tha exterit•cempliance wtth Che tarms cf this Deed of Trust would censfitu#s a duplica.ian-of insurance requiremer+.t: If any proceeds from the insurance become payable on loss, the provisions in this Deed of Trust for division. of proceeds shall apply only to that portion of the proceeds not payable to the holder of the Existing Indebtedness. TAX AND INSURANCE RESERVES. Subject to any limitations set by applicable law, Lender may require Grantor to maintain with Lender reserves for payment of annual taxes, assessments, and insurance premiums, which reserves shall be created by advance payment or monthly payments of a sum estimated by Lender to be sufficient to produce, at least fifteen (15) days before due, amounts at least equal to the taxes, assessments, and insurance premiums to be paid. If fifteen (15) days before payment is due the reserve funds are insufficient, Grantor shall upon demand pay any deficiency to Lender. The reserve funds shall be held by Lender as a general deposit from Grantor, which Lender may satisfy by payment of the taxes, assessments, and insurance premiums required to be paid by Grantor as they become due. Lender shall have the right to draw upon the reserve funds to pay such items, and Lender shalt not be required to determine the validity or accuracy of any item before paying it. Nothing in the Deed of Trust shall be construed as requiring Lender to advance other monies for such purposes, and Lender shall not incur any liability for anything it may do or omit to do with respect to the reserve account. All amounts in the reserve account are hereby pledged to further secure the Indebtedness, and Lender is hereby authorized to withdraw and apply such amounts on the Indebtedness upon the occurrence of an Event of Default. Lender shall not be required to pay any interest or earnings on the reserve funds unless required by law or agreed to by Lender in writing. Lender does not hold the reserve funds in trust for Grantor, and Lender is not Grantor's agent for payment of the taxes and assessments required to be paid by Grantor. EXPENDITURES BY LENDER. If Grantor fails to comply with any provision of this Deed of Trust, including any obligation to maintain Existing Indebtedness in good standing as required below, 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. OG-02-1994 ; DEED OF TRUST ~ Page 4 Loan No 5050396912 (Continued) Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property in fee simple, free and clear of ail liens and encumbrances other than those set forth in the Real Property description or in the Existing Indebtedness section below 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. EXISTING INDEBTEDNESS. The following provisions concerning existing indebtedness (the "Existing Indebtedness") are a part of this Deed of Trust. Existing Lien. The lien of this Deed of Trust securing the Indebtedness may be secondary and inferior to an existing lien. Grantor expressly covenants and agrees to pay, or see to the payment of, the Existing Indebtedness and to prevent any default on such indebtedness, any default under the instruments evidencing such indebtedness, or any default under any security documents for such indebtedness. Default. If the payment of any installment of principal or any interest on the Existing Indebtedness is not made within the time required by the note evidencing such indebtedness, or should a default occur under the instrument securing such indebtedness and not be cured during any applicable grace period therein, then, at the option of Lender, the Indebtedness secured by this Deed of Trust shall become immediately due and payable, and this Deed of Trust shall be in default. No Modification. Grantor shall not enter into any agreement with the holder of any mortgage, deed of trust, or other security agreement which has priority over this Deed of Trust by which that agreement is modified, amended, extended, or renewed without the prior written consent of Lender. Grantor shall neither request nor accept any future advances under any such security agreement without the prior written consent of Lender. 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' tees 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. #ax. as provided above in the Taxes and Liens ..section and deposits with Lender cash or a sutficiant cdrporate surety bond or other security satisfactory td 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 ail 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 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 05-02-'i994~ DEED OF TRUST Page 6 Loan No 5050396912 (Continued) 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 Remed(es. 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 pertorm 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 in,>titutes any suit or action to ertcrce any or the terms of this Ceed 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 law. Grantor also will pay any court costs, in addition to all other sums provided by law. Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this section. POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are part of this Deed of Trust. Powers of Trustee. In addition to 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 Properly; 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 Notify. 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 shall govern to the exclusion of all other provisions for substitution. NOTICES TO GRANTOR AND OTHER PARTIES. Any notice under this Deed of Trust shalt 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 beginning of this Deed of Trust. Any party may change its address for notices under this Deed of Trust by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. All copies of notices of foreclosure from the holder of any lien which has priority over this 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. 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. Applicable Law. This Deed of Trust has been delivered to Lender and accepted by Lender in the State of Idaho. 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. AFFLDAVIT 4F LEGAL INTEREST' sT~TIJ of IDAxo) Certificate Zoning`Verfication: > LITTLE KITGH'EN PASTRIES COUNTY OF ADA) 433 Norkh Main Street, Meridian, Idaho I, Terry Stewart 454 North Main Street (name) ~ (address) Meridian:.: Idaho 83fi42 (city) (state) being first duly sworn upon,, oath, depose and say: 1> That l am the record owner of `the property described _on the attached, and I grant my permission to: Dale Binning, Architect P4. Box`68fi, :Boise, Idaho 83701 (name) (address) to submit the accompanying application(s) pertai~nngto that property. 2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless° from any claim or liability resulting from any dispute as to the statements contained' herein or as to the ownership of the property which is the subject of the application. 3. I hereby grant permission to City of Meridian staff to enter the subject property far the purpose of site inspections related to processing said application(s). Dated this ~ 3 day of__ /'L~d U¢.~•, l~ tom! ~ 20.' / 2-- (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. (Notary Public for Idaho) ~~~RAN~ ~ CRY 4 Residing at: ~~ ~ 4 p ~ V0~, r ~ My Commission expires. ~ ~ 3 "~S ~'~ '••.._STATE 33 E Bmadway Suite 2t0 Meridian, Idaho 83642 Phone: ('208) 854-5533 • Facsimile: (208} 888-66']8 • Wcbsite: www.m~idiancity.org E IDIAN~-- Meridian City Hall, Suite 102 33 E. Broadway Avenue IDAHO Meridian, Idaho 83642 Community Development 208.887.2211 Department Address Verification Date: 11/15/12 The address information below has been researched and verified as the "correct address" by the City of Meridian Community Development Department. Project Name: Little Kitchen Pastries Address: 433 N. Main St. Zip Code: 83642 Subdivision: Bowers Addition Lot/Block: 1-4/2 Parcel: 81039000155 1) The address has been assigned based on available information. This address should be considered temporary. Final address to be assigned upon completion of development. 2) This address will be required to connect to municipal services per Meridian City Code 9-1-4. Municipal water is available for connection at this location. Municipal sanitary sewer is available for connection at this location. This property does not currently have municipal services available. 3) _X_ This is an existing structure that is currently connected to municipal services. ALL PLANS BEING SUBMITTED TO THE CITY OF MERIDIAN WILL BE REQUIRED TO CLEARLY REFLECT THE CORRECT ADDRESS AND SUITE NUMBER (IF APPLICABLE) AS REFLECTED ABOVE. Address Verification Rev: 04/23/12